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10/19/2021 COMMUNITY DEVELOPMENT BOARD MEETING MINUTES CITY OF CLEARWATER October 19, 2021 Present: Chair Mary A. Lau, Vice Chair John Quattrocki, Board Member Mike Flanery, Board Member Brian Barker, Board Member Jordan Behar, Board Member Andrew Park Absent: Board Member Michael Boutzoukas and Alternate Board Member Muhammad Abdur-Rahim Also Present - Jay Daigneault—Attorney for the Board, Matthew Mytych —Assistant City Attorney, Gina Clayton — Planning & Development Director, Patricia O. Sullivan — Board Reporter A. CALL TO ORDER, INVOCATION, PLEDGE OF ALLEGIANCE The Chair called the meeting to order at 1:00 p.m. at the Main Library followed by the Pledge of Allegiance. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. B. ROLL CALL: C. APPROVAL OF MINUTES OF PREVIOUS MEETING: September 21, 2021 Member Barker moved to approve the minutes of the September 21, 2021 Community Development Board meeting as submitted in written summation. The motion was duly seconded and carried unanimously. D. CITIZENS TO BE HEARD RE ITEMS NOT ON THE AGENDA Bill Jonson said Board procedures confused citizens. He disagreed with the applicant's final comments for Case FLD2021-04011 on September 21, 2021 and said no one had an opportunity to refute them. He did not think the project met criteria for approval. He said the Citizens Guide did not state that the Board did not consider lay testimony as competent substantial evidence. He said if that is the case, public input wastes the time of the Board and citizens. He requested the Board review its process. E. CONSENT AGENDA: The following cases are not contested by the applicant, staff, neighboring property owners, etc. and will be approved by a single vote at the beginning of the meeting: (Items 1-3) 1. Level Two Application Case: FLD2021-07015/TDR2021-08004/TDR2021-08005 — 619 / 629 / 631 and 635 Mandalay Avenue (TDR Receiving Site and Development Site); 410 and 420 Hamden Drive (TDR2021-08004 sending sites); and 887 South Gulfview Boulevard (TDR2021-08005 sending site) Community Development 2021-10-19 1 Owner(s): Bayway Florida Hotel LLC (TDR receiving site); AP Beach Properties (TDR2021-08004 sending site); and Mannion Brothers LLC (TDR2021-08005 sending site). Applicant/Representative: Brian J. Aungst, Jr., Esq.; Macfarlane Ferguson & McMullen, P.A. 625 Court Street, Clearwater FL, 33756; email: bia(a)-macfar.com; phone: (727) 444-1403 (TDR sending site and TDR receiving site) Location: 619 Mandalay Avenue (TDR receiving site): 0.685 acre located on the east side of Mandalay Avenue at the southeast and northeast corners of the intersection of Royal Way and Mandalay Avenue; 410 and 420 Hamden Drive (TDR2021-08004 sending site): 0.450 acre located on the west side of Hamden Drive at the Bayside Drive and Hamden Drive intersection; 887 South Gulfview Boulevard (TDR2021-08005 sending site): 0.220 acre located on the south side of South Gulfview Boulevard approximately 900 feet east of the Gulf Boulevard and South Gulfview Boulevard intersection. Request: The Community Development Board is reviewing a proposed 24-room resort attached dwelling use in the Tourist (T) District and the Old Florida Character District of Beach by Design for the property located at 619, 6297 631, and 635 Mandalay Avenue. The project is 65 feet in height, includes a minimum of 46 off- street parking spaces, and requests allowable flexibility from setback and height; a Transfer of Development Rights for an additional 4 attached dwelling units (TDR2021-08004 and TDR2021-08005) and a two-year Development Order. Community Development Code Sections 2-8031, 4-4077 4-1402 and 4-1403, and Beach by Design Section I I.A Associations: Clearwater Neighborhoods Coalition and Board of County Commissioners Assigned Planner: Kevin W. Nurnberger, Senior Planner Member Behar reported a conflict of interest. Member Quattrocki moved to approve Case FLD2021-07015/TDR2021-08004/ TDR2021-08005 on today's Consent Agenda based on evidence in the record, including the application and the Staff Report, and here by adopt the Findings of Fact and Conclusions of Law stated in the Staff Report , with conditions of approval as listed. The motion was duly seconded. Members Quattrocki, Flanery, Barker, Park, and Chair Lau voted "Aye"; Member Behar abstained. Motion carried. 2. PULLED FROM CONSENT AGENDA Case: FLD2009-02009— 455 East Shore Drive Level Two Application Owner: N E S C LLC Agent: Brian J. Aungst, Jr., Esq.; Macfarlane Ferguson & McMullen, P.A. 625 Court Street, Clearwater FL, 33756, email: bia(a-macfar.com; phone: (727) 444-1403 Location: 1.25 acres located at the northeast corner of East Shore Drive and Papaya Request: Reconsideration of a Condition of Approval relating to the commercial use of the previously approved and constructed 7,142 square-foot 50-slip dock in the Tourist District and Marina Character District of Beach by Design for the property Community Development 2021-10-19 2 located at 455 East Shore pursuant to Community Development Code Sections 4- 406.A.6 and B. Neighborhood Associations: Clearwater Neighborhoods Coalition and Board of County Commissioners Presenter: Kevin W. Nurnberger, Senior Planner William Day requested Party Status. Member Barker moved to grant William Day Party Status. Member Barker moved to accept Mark Parry as an expert witness in the fields of redevelopment planning, comprehensive planning, annexation implementation, zoning, land use/rezoning applications, land development, general planning, code amendments, landscape ordinance, and special area plans/overlay districts. The motion was duly seconded and carried unanimously. Senior Planner Mark Parry reviewed the Staff Report. Member Barker moved to accept Ed Chesney as an expert witness in the fields of environmental engineering, water quality, natural resources, contamination assessment, hazardous waste, coastal engineering, and marine and dredging operations. The motion was duly seconded and carried unanimously. In response to questions, Mr. Parry said the applicant could have requested commercial uses for all slips. The Code did not limit the number of commercial slips at this site. He reviewed the surrounding properties. The commercial slips will be on the south side of the development. The dock originally was approved as accessory to attached dwellings; the site now features a commercial hotel. Beach by Design encourages marina facilities as a key use on Clearwater Beach and the Comp Plan lists marina facilities. This request was for a limited commercial use. Attorney Brian Aungst, agent for the development, reviewed the original application and development order that was amended twice. He said the applicant had considered Marina & Aviation Director Ed Chesney's significant input re restricted commercial uses for the 8 boat slips and input from William Day who lives north of the site, separated from the subject property by public access to the boardwalk. He said the 8 boat slips will be farthest from Mr. Day's property. Party Status Holder William Day said he supported the Marina District of Beach by Design and did not object to the application but requested assurance that no future administrative changes would change the size of the marina or number and location of commercial slips. Attorney for the Board Jay Daigneault said the Board only had authority to approve the case as presented. Community Development 2021-10-19 3 Planning & Development Director Gina Clayton said staff did not have the authority to change the size of the marina or location and number of commercial slips. Attorney Aungst said the Condition of Approval that specifies the use of every slip was drafted in response to Mr. Day's concerns. He said no change could be made without Board approval at a public hearing. Member Behar moved to approve Case FLD2009-02009 based on evidence in the record, including the application and the Staff Report, and here by adopt the Findings of Fact and Conclusions of Law stated in the Staff Report, with conditions of approval as listed. The motion was duly seconded and carried unanimously. 3. Level Three Application TA2020-03003—Amendments to the Community Development Code Applicant: City of Clearwater Request: The Community Development Board (CBD) is reviewing a request to amend the City of Clearwater's Community Development Code (Floodplain Management Ordinance) to allow for the use of best available data when establishing flood hazard areas, including Pinellas County's Vulnerability Assessment (2021), to address accessory structures used for parking and storage, to modify provisions for manufactured homes, to modify or delete various definitions, and to make administrative amendments, and is making a recommendation to the City Council. Neighborhood Associations: Clearwater Neighborhoods Coalition and Board of County Commissioners Presenter: Lauren Matzke, Assistant Planning & Development Director Member Quattrocki moved to recommend approval of Case TA2020-03003 on today's Consent Agenda based on evidence in the record, including the application and the Staff Report, and here by adopt the Findings of Fact and Conclusions of Law stated in the Staff Report, with conditions of approval as listed. The motion was duly seconded and carried unanimously. F. LEVEL TWO APPLICATIONS (ITEM 1) 1. Case: FLD2021-04010 —211 and 221 Skiff Point Level Two Application Owner(s): Skiff Point DP1 LLC/ Peter C. Gonzalez Applicant/Representative: John Bodziack, John A. Bodziack Architects A.I.A. 2325 Ulmerton Road, Suite 21, St. Petersburg, FL 33762; phone: 727-453-3568; email- jacob@abodziak.com Location: 211 and 221 Skiff Point; 0.421 acre located on the south side of Skiff Point approximately 206 feet from the Larboard Way and Skiff Point intersection. Request: The Community Development Board (CDB) is reviewing a request to construct 12 attached dwelling units in the Medium High Density Residential/Island Estates Neighborhood Conservation Overlay (MHDR/IENCOD) District for the property located 211 Skiff Point. The project is 50 feet in height, provides 25 off- Community Development 2021-10-19 4 street parking spaces, and requests allowable flexibility to lot width, building height, setbacks, and landscape requirements as well as a 952 square-foot dock. The dock is 112 feet in width and approximately 80 feet in length, and requests allowable flexibility for square footage of a commercial dock greater than 500 square-feet in deck area Community Development Code Sections 3-601.C.3, 3-1202.G, and Section 2-404.F. Associations: Clearwater Neighborhoods Coalition and Board of County Commissioners Assigned Planner: Kevin W. Nurnberger, Senior Planner Joseph Wink requested Party Status. Member Quattrocki moved to grant Joseph Wink Party Status. Audrey Cornu requested Party Status. Member Flanery moved to grant Audrey Cornu Party Status. Marian Goodman requested Party Status. Member Flanery moved to grant Marian Goodman Party Status. Stephany Dawson requested Party Status. Member Behar moved to grant Stephany Dawson Party Status. Paul Gatchis requested Party Status. Member Behar moved to grant Paul Gatchis Party Status. Mary Pfiffner requested Party Status. Member Flanery moved to grant Mary Pfiffner Party Status. Keith Bisig requested Party Status. Member Behar moved to grant Keith Bisig Party Status. Wes Taggart requested Party Status. Member Flanery moved to grant Wes Taggart Party Status. Member Barker moved to accept Mark Parry as an expert witness in the fields of redevelopment planning, comprehensive planning, annexation implementation, zoning, land use/rezoning applications, land development, general planning, code amendments, Community Development 2021-10-19 5 landscape ordinance, and special area plans/overlay districts. The motion was duly seconded and carried unanimously. Senior Planner Mark Parry reviewed the Staff Report. Member Barker moved to accept Sarah Kessler as an expert witness in the fields of environmental engineering, water quality, and natural resources. The motion was duly seconded and carried unanimously. In response to questions, Mr. Parry said the entire development, including the dock, was similar to the project approved in 2013 for the pie shaped lot; this proposed dock is about 100 square-feet larger. Pinellas County issues dock permits. Marina & Aviation Director Ed Chesney said he could support the requested dock and opined that Pinellas County could permit it. The County would consider boat traffic and waterway obstruction; the waterway is wide enough for the dock as proposed. Unlike Majestic Point, a newer nearby development with docks lining the curved seawall, the proposed dock would jut 80 feet into the waterway. Most nearby single-family residences had 35-foot docks. While the proposed dock would meet Code requirements, its length would create potential boat traffic conflicts. He had advised the developer that the proposed dock did not fit the look of the neighborhood. To achieve harmony, he had recommended reducing the number of boat slips by 4 and seeking flexible development approval to widen the dock's footprint along the seawall and line boat slips along the shoreline. He said with significant development pressure in the area, future applicants could cite an 80-foot dock as precedent and request docks of similar length. In response to questions, Mr. Chesney said the waterway is wide and a dock at this location could be more than 140 feet long. With reduced side setbacks, all boat slips would have the same angle. The applicant would need to resubmit a portion of the application to modify the dock. Pinellas County will require neighbors' approval to reduce the site's side setbacks. The location has good water depth and seagrasses are not an issue. Slips will be 15 to 18 feet wide. Architect John Bodziack, representing the applicant, reviewed the development's background. He said he originally was required to locate the dock 15 — 20 feet off the seawall to protect seagrasses. He said as Mr. Chesney said that seagrasses were not an issue, the owners understood resident concerns and with neighbor cooperation they would be glad to redesign the dock with a layout similar to Majestic Point. He said the owners would work with Mr. Chesney to redesign the docks be close to the seawall and align with the shoreline's curve and resubmit the application for separate approval of the dock; he requested approval of the building today. Ms. Clayton said the Board could split out the dock from today's approval and the applicant could return with a separate dock request. Community Development 2021-10-19 6 Attorney Daigneault said staff supported severing the dock element from the application and moving forward with the building element. He recommended public input be limited to the building with the understanding that the Board will consider the dock application on a future date. In response to a question, Mr. Bodziack said a walkway adjacent to the seawall would provide access to the redesigned dock. He said he was glad to meet with the neighbors. Member Flanery moved to retain the application's building element for this Case and sever the dock element which the Board will consider at a later date. The motion was duly seconded and carried unanimously. Mr. Bodziack said the building was difficult to design. He said the project was less than 50 feet in height and consistent with Code and Comp Plan guidelines. He said the Board previously had approved virtually identical projects. Party Status holder Joseph Wink said his presentation was moot as it was centered on the dock. He wanted assurance he would have an opportunity to address the application for a redesigned dock. Attorney Daigneault said some residents had indicated they were not noticed for this meeting due to their residences' location more than 200 feet from the project. He recommended neighbors use the same information pipeline they used today for the meeting date re the dock. Party Status holder Audrey Cornu said the waterway needed to remain open for use. Party Status holder Marian Goodman said no one remembers hearing that a large dock at this property previously was approved even though many people were residents in 2013. She said the waterway was becoming busier and needed to be shared. She requested the City expand its notification area. Party Status holder Stephany Dawson said she had concerns about the proposed dock. She said she heard about today's meeting from neighbors. She did not receive notice but thought she lived within 200 feet of the project as the bird flies. Party Status holder Paul Gatchis said he was present to address the dock's design; he will address the Board at a later date. Party Status holder Mary Pfiffner said she objected to the size and configuration of the dock as proposed. She appreciated neighbor concerns and requested the City notify all cove residents re the next meeting on the dock. Attorney Daigneault said it was staff's option to notice residents living outside the notification area required by Code. Community Development 2021-10-19 7 Party Status holder Keith Bisig said the project's owners had spoken at his HOA meeting; he said he was confused that the case included variances as the property owners had said they were not requesting any. He expressed concern that deliveries for the project would block the narrow road with large trucks. Party Status holder Wes Taggart said he was here to address the dock and would return. Mr. Bodziack requested a list of people who were not contacted; he will contact them before the meeting on the new dock application. Attorney Daigneault said the applicant could reach out to those who did not object being contacted. A resident said although the Code permitted large buildings on small lots in this area, the Code had not been updated to reflect changes in the Countywide plan. He suggested the City Council review the Code for this area as it did not provide water views between buildings and permitted tall buildings that were out of character with the neighborhood. Mr. Parry said setbacks were not subject to flexibility; the project meets the MHDR (Medium High Density Residential) zoning requirement for 10-foot setbacks. He will wordsmith a condition of approval re severing the dock from the application and removing dock references in the development order. The applicant will need to pay another application fee and submit an amendment to the original application that will require DRC (Development Review Committee) review. A sign will be posted on the property and residents living within 200 feet will be noticed of the meeting when the Board considers the dock. Building permits for the building can move forward while the amendment is being processed. Attorney Daigneault recommended not adopting any Finding of Fact in the Staff Report related to the dock. It was stated that the applicant had made a big compromise re the dock. Member Behar moved to approve Case FLD2021-04010 based on evidence in the record, including the application and the Staff Report, and here by adopt the Findings of Fact and Conclusions of Law stated in the Staff Report, with conditions of approval as listed except that all Findings of Facts and Conclusions of Law referencing the dock will be removed and the dock component will be removed from the Conditions of Approval. The motion was duly seconded and carried unanimously. G. DIRECTOR'S REPORT: (ITEM 1) 1. Clearwater 2045 Comprehensive Plan Update (Kyle Brotherton) Community Development 2021-10-19 8 Senior Planner Kyle Brotherton said the last Comprehensive Plan update was done in 2008 with the last amendment in 2017. The new Comp Plan will cover the next 20 — 25 years. The City contracted with HDR to manage the update which will modernize the plan and remove redundancies. The City was halfway through the 2 -year project; competition was anticipated in Fall 2022. More than 300 residents had participated in community sessions and a questionnaire on the City's website re the new plan. Steve Schukraft of HDR provided a PowerPoint presentation on proposed updates to the 2045 Comprehensive Plan; it was anticipated that 10,000 new residents will move to Clearwater by 2045. In response to a question, Mr. Schukraft said Clearwater homes were anticipated to maintain their value better than other parts of the County. He said homes across Clearwater were selling at similar rates and no significant pockets of decline were anticipated. Concerns were expressed that the new Comp Plan needed to consider the consequences of sea -level rise in Clearwater; sea levels were anticipated to increase by 2 feet by 2050 and higher during high tide. It was commented that the corrosive effects of sea water will ruin City infrastructure and destroy vegetation. It was stated that future hurricanes will be stronger and cause more damage; the City will need to fund its own repairs as FEMA (Federal Emergency Management Agency) will be insufficiently funded to help the entire country which will be similarly affected. It was stated the update needed to plan for gentrification as beach residents move to higher ground and displace the people who live there. It was recommended the City convene a high level panel to plan for the effects of climate change over the next 75 years. Mr. Schukraft said sea -level rise will be a potential challenge for specific areas, noting Clearwater had a significant amount of high ground. Discussion ensued with comments that the City will need to work through many challenges and appreciation expressed for the efforts of staff, the consultant and residents for their input. H. ADJOURN The meeting adjourned at 3:30 p.m. Attest: A Board Repo Community Development 2021-10-19 Ch nity Development Board 9 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME -FIRST NAME -MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE ort. , — T v r) Ge. >M w u D+—'tOfM 3.0k(1. n MAILING ADDRESS ry/�yo � � THE BOARD. COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON °I l( �► ` W ° WHICH I SERVE ISA UNIT OF: c' �►�� �TY DATE ON WHICH VOTE OCCURRED COUNTY i N� ❑ COUNTY 0 OTHER LOCAL AGENCY NAME OF POUTICAL SUBDIVISION: MY POSITION IS: 0 ELECTIVE APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of govemment on an appointed or elected board, council, commission, authority, or committee. It applies to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which would inure to his or her special private gain or Toss. Each elected or appointed local officer also MUSTABSTAIN from knowingly voting on a measure which would inure to the special gain or Toss of a principal (other than a govemment agency) by whom he or she is retained (including the parent, subsidiary, or sibling organization of a principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or Toss of a business associate. Commissioners of community redevelopment agencies (CRAB) under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A 'business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). • " M ! 4 f ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible minutes of the meeting, who should incorporate the form in the minutes. ✓ e APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: WI • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on page 2) t on which you are for recording the CE FORM 86 - EFF. 11/2013 Adopted by reference in Rule 34-7.010(1)(f), F.A.C. PAGE 1 APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST ldlt9 ereby disclose that on 20 zi_: (a) A measure came or will come before my agency which (check one or more) VAN inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, inured to the special gain or loss of , by whom I am retained; or inured to the special gain or loss of , which is the parent subsidiary, or sibling organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: p VA V. -+M ‘43 1 r1J ei •A �s4 i -a.. Tilts ?t03 moi► • •7 z. pari r 670 /6/7:4(2,z0_21 - OS-exy/r 1- cae If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules goveming attorneys, a public officer, who is also an attomey, may comply with the disdosure requirements of this section by disclosing the nature of the interest in such a way as to provide the public with notice of the conflict. l�c'i Date Fil NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B - EFF. 11/2013 Adopted by reference in Rule 34-7.010(1)(1), F.P.C. PAGE 2