12/21/2021 COMMUNITY DEVELOPMENT BOARD MEETING MINUTES
CITY OF CLEARWATER
December 21, 2021
Present: Chair Mary A. Lau, Vice Chair John Quattrocki, Board Member Mike Flanery,
Board Member Brian Barker, Board Member Jordan Behar
Absent: Board Member Andrew Park, Board Member Michael Boutzoukas, 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: November 16, 2021
Member Behar moved to approve the minutes of the November 16, 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
Christine Michalek said the Community Development Board's Citizen Guide is
inaccurate. She complained the Hearing Officer for Clearwater Point's residents' appeal
of the Board's September 21, 2021 decision re 850 Bayway Boulevard did not have the
ability to change the Board's order. She said the Board supported developers, was
biased, prejudiced, and discriminated against residents of Clearwater Point and other
neighborhoods. She requested the Board review its Citizen's Guide on the January 18,
2022 agenda as residents need additional appeal processes.
Attorney for the Board Jay Daigneault said agenda items were prescribed by City Code.
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 1-4)
Community Development 2021-12-21 1
1. Case: FLD2021-09017 — 125 Island Way Level Two Application
Owner(s): Dolphin Cay of Island Estates, LLC
Applicant/Representative: Terri Skapik; Woods Consulting, Inc.: 1714 Country
Road 1, Suite 22, Dunedin, FL 34698: email: terriskapik@woodsconsulting.org;
phone: (727) 919-0848.
Location: 125 Island Way: 0.907 upland acre; 0.642 submerged land (28,000
square-feet); located on the east side of Island Way approximately 351 feet north of
the Windward Passage and Island Way intersection.
Request: The Community Development Board (CDB) is reviewing a request for a
1,838 square-foot dock in the High Density Residential/Island Estates Neighborhood
Conservation Overlay (HDR/IENCOD) District for the property located 125 Island
Way. The dock is 150 feet in width and approximately 69 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 Section 3-601.C.3.
Associations: Clearwater Neighborhoods Coalition, Clearwater Beach and Board of
County Commissioners
Assigned Planner: Kevin W. Nurnberger Senior Planner
See below for motion to approve.
2. Case: FLD2021-10019 — 407 Pennsylvania Ave Level Two Application
Owner(s): Chelsea Marie Gird
Applicant/Representative: Chelsea Marie Gird; email: cmnepner82@yahoo.com
Location: 407 Pennsylvania Avenue; 0.16 acre located on the east side of
Pennsylvania Avenue approximately 150 feet south of the intersection with Plaza
Street.
Request: The Community Development Board is reviewing an existing deck and
proposed porch for a detached dwelling in the Medium Density Residential (MDR)
zoning district for the property located at 407 Pennsylvania Avenue. The project
requests allowable flexibility from setback requirements (Community Development
Code Sections 2-304.G.).
Associations: Clearwater Neighborhoods Coalition and Board of County
Commissioners
Assigned Planner: Ellen Crandall, Development Review Manager
Member Behar moved to approve Cases FLD2021-09017 and FLD2021-10019 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.
3. Level Three Application
Case: TA2021-11004 —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 to provide
Community Development 2021-12-21 2
incremental density bonuses for mixed-income projects and provide other incentives
for affordable housing such as parking and building permit fee reductions, to repeal
and replace the city's home based business regulations, to affirm that the
Community Development Board is the city's Design Review Board, and to amend
the city's Schedule of Fees to provide reduced fees for the use of private providers
for plans review and inspections and affordable housing projects, 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
Se below for motion to recommend approval.
4. Level Three Application
Case: CPA2021-11001 —Amendments to the Comprehensive Plan
Applicant: City of Clearwater
Request: The Community Development Board (CBD) is reviewing a request to
amend the Clearwater Comprehensive Plan to create a new Property Rights
Element based on House Bill 59 (2021), to add provisions to encourage diverse
housing options through density bonuses for certain development types, to clarify
policy intent, and to update certain maps based on updated SLOSH modeling, and is
making a recommendation to the City Council.
Neighborhood Associations: Clearwater Neighborhoods Coalition and Board of
County Commissioners
Presenter: Kyle Brotherton, Senior Planner
Member Behar moved to recommend approval of Cases TA2021-11004 and CPA2021-
11001 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 THREE APPLICATIONS: (Item 1)
1. Case: DVA2012-03001 B — 455 East Shore Drive Level Three Application
Owner: N E S C LLC
Representative: Brian J. Aungst, Jr., Esq.; Macfarlane Ferguson & McMullen, P.A.
625 Court Street, Clearwater FL, 33756; email: bia(o)macfar.com; phone: (727) 444-
1403
Request: The Community Development Board is reviewing and making a
recommendation to the City Council of a proposed second amendment to an existing
Development Agreement between the City of Clearwater and N E S C LLC (as
assigned by Louis Developments LLC) which provides for certain changes which will
permit certain commercial uses to take place within a limited portion of the Marina
Facility component of the existing overnight accommodations (Community
Development Code Section 4-606).
Community Development 2021-12-21 3
Neighborhood Associations: Clearwater Neighborhoods Coalition and Board of
County Commissioners
Presenter: Mark Parry, AICP, Senior Planner
Member Quattrocki 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 presented a PowerPoint review the Staff Report. On October
19, 2021, the CDB approved 8 commercial slips. The CDB was now requested to
amend the development agreement to reflect that Board action.
Attorney Brian Aungst, representing the applicant, said the request was to amend
Condition 5 in the original development order and reflect the CDB's approval of 8
commercial slips on the south side of the development's marina.
Resident William Day said he did not oppose the request.
Member Barker moved to recommend approval of Case DVA2012-03001 B 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.
G. DIRECTOR'S REPORT: None.
H. ADJOURN
The meeting adjourned at 1:20 p.m.
C a' lom nity Development Board
Community Development 2021-12-21
4
INDIVIDUAL SPEAKER
Name:
Citizen Comment Card
Address:
City: Cie -411)41A1/ 61-G4 Zip:
Telephone Number:
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Email Address:
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Speaking under citizens to be heard re
items not on the agenda?'
Agenda item(s) to which you wish to speak.
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What is your Positinon the item? For Against
CITY OF CLEARWATER
CLEARWATER PLANNING & DEVELOPMENT, POST OFFICE. Box 4748, CLEARWATER, FLORIDA 33758-4748
MUNICIPAL SERVICES BUILDING, 100 SOUTH iMYRTLE. AVENUE, CLEARWATER, FLORIDA 33756
TELEPHONE: (727) 562-4567
TO: Community Development Board Members
FROM: Gina Clayton, Planning and Development Director
COPIES: Michael Fuino Assistant City Attorney; Attorney Jay Daigneault, Susan Chase, Documents and
Records Specialist / Pat Sullivan, Board Reporter
SUBJECT: Agenda Items December 21, 2021
DATE: Decemberl6, 2021
Community Development Board Packets being distributed contain the following:
Unapproved minutes of November 16, 2021
Level Two Applications (Items 1-2)
1. Case: FLD2021-09017 —125 Island Way
Assigned PIapper: Kevin Nurnberger, Senior Planner
Yes: �, No:
2. Case: FLD2021-10019 — 407 Pennsylvania Ave
Assigned Plann Ellen Crandall, Development Review Manager
Yes: No:
Level Three Applications (Items 1-3)
1. Case: DVA2012-030018-455 East Shore Drive
Assigned Planner: Mark T Parry, AICP, Senior Planner
Yes: / No:
2. TA2021-11004— Amendments to the Community Development Code
Assigned Planner: Lauren Matzke, Assistant Planning & Development Director
Yes: .v/ No:
3. CPA2021-11001— Amendments to the Comprehensive Plan
Assigned Plapner: Kyle Brotherton, Senior Planner
Yes: � No:
I have conducted a perso
Signature:...
Print Name: / r
ation on the personal site visit to the following properties.
Prepared by: Sherry L. Watkins, Administrative Assistant
CITY OF CLEARWATER
CLEARWATER PLANNING & DEVELOPMENT, POST OPI'ICP. Box 4748, CLEARWATER, FLORIDA 33758-4748
MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE. AVENUE, CLEARWATER, FLORIDA 33756
TELEPHONE (727) 562-4567
TO: Community Development Board Members
FROM: Gina Clayton, Planning and Development Director
COPIES: Michael Fuino Assistant City Attorney; Attorney Jay Daigneault, Susan Chase, Documents and
Records Specialist / Pat Sullivan, Board Reporter
SUBJECT: Agenda Items December 21, 2021
DATE: Decemberl6, 2021
Community Development Board Packets being distributed contain the following:
Unapproved minutes of November 16, 2021
Level Two Applications (Items 1-2)
1. Case: F92021-09017 —125 Island Way
Assigned nner: Kevin Nurnberger, Senior Planner
Yes: No:
2. Case: FL 021-10019-407 Pennsylvania Ave
Assigned P nner: Ellen Crandall, Development Review Manager
Yes: No:
Level Three Applications (Items 1-3)
1. Case: DV 12-030018-455 East Shore Drive
Assigned PI ner: Mark T Parry, AICP, Senior Planner
Yes: No:
2. TA2021-11004—Amendments to the Community Development Code
Assigned Planner: Lauren Matzke, Assistant Planning & Development Director
Yes: No:
3. CPA2021-11001— Amendments to the Comprehensive Plan
Assigned Planner: Kyle Brotherton, Senior Planner
Yes: No:
I have conducte
Signature:
Print Name:
tigation on the personal site visit to the following properties.
Date: / 7 4, / )
Prepared by: Sherry L. Watkins, Administrative Assistant
CITY OF CLEARWATER
CLEARWATER PLANNING & DEVELOPMENT, POST OFFICE. Box 4748, CLEARWATER, FLORIDA 33758-4748
MUNICIPAL. SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756
TELEPHONE (727) 562-4567
TO: Community Development Board Members
FROM: Gina Clayton, Planning and Development Director
COPIES: Michael Fuino Assistant City Attorney; Attorney Jay Daigneault, Susan Chase, Documents and
Records Specialist / Pat Sullivan, Board Reporter
SUBJECT: Agenda Items December 21, 2021
DATE: Decemberl6, 2021
Community Development Board Packets being distributed contain the following:
Unapproved minutes of November 16, 2021
Level Two Applications (Items 1-2)
1. Case: FLD2021-09017 - 125 Island Way
Assigned Planner: Kevin Nurnberger, Senior Planner
Yes: No: X-
2. Case: FLD2021-10019 - 407 Pennsylvania Ave
Assigned Planner: Ellen Crandall, Development Review Manager
Yes: No:
Level Three Applications (Items 1-3)
1. Case: DVA2012-030018-455 East Shore Drive
Assigned Planner: Mark T Parry, AICP, Senior Planner
Yes: No: /\
2. TA2021-11004- Amendments to the Community Development Code
Assigned Planner: Lauren Matzke, Assistant Planning & Development Director
Yes: No:
3. CPA2021-11001- Amendments to the Comprehensive Plan
Assigned Planner: Kyle rotherton, Senior Planner
Yes: No:
I have conducted a .ersonal inve ;,;.tion on the .ersonal site visit to the following properties.
S_gnature::� - Date: 42
Print Name:
t a h ZQr ker
Prepared by: Sherry L. Watkins, Administrative Assistant
CITY OF CLEARWATER
CLEARWATER PLANNING & DEVELOPMENT, POST OFFICE. Box 4748, CLEARV1ATER, FLORIDA 33758-4748
MUNICIPAL, SERVICES BUILDING, 100 SOUTH MYRTLE. AVENUE, CLEARWATER, FLORIDA 33756
TELEPHONE (727) 562-4567
TO: Community Development Board Members
FROM: Gina Clayton, Planning and Development Director
COPIES: Michael Fuino Assistant City Attorney; Attorney Jay Daigneault, Susan Chase, Documents and
Records Specialist / Pat Sullivan, Board Reporter
SUBJECT: Agenda Items December 21, 2021
DATE: Decemberl6, 2021
Community Development Board Packets being distributed contain the following:
Unapproved minutes of November 16, 2021
Level Two Applications (Items 1-2)
1. Case: FLD2021-09017 —125 Island Way
Assigne Planner: Kevin Nurnberger, Senior Planner
Yes: No:
2. Case: FLD2021-10019 — 407 Pennsylvania Ave
Assigned lanner: Ellen Crandall, Development Review Manager
Yes: No:
Level Three Applications (Items 1-3)
1. Case: DVA2012-03001B-455 East Shore Drive
Assignec),Planner: Mark T Parry, AICP, Senior Planner
Yes: No:
2. TA2021-11004— Amendments to the Community Development Code
AssigrZecfPlanner: Lauren Matzke, Assistant Planning & Development Director
Yes: No:
3. CPA2021-11001— Amendments to the Comprehensive Plan
Assignee Planner: Kyle Brotherton, Senior Planner
Yes: , No:
I ha
conducte• • : i_ati. - on the •ersonal site visit to the following properties.
i
111111:#1:-001111,41 Q!Date:
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Si atu
Print
Prepared by: Sherry L. Wa ins, Administrative Assistant