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02/15/2022 COMMUNITY DEVELOPMENT BOARD MEETING MINUTES CITY OF CLEARWATER February 15, 2022 Present: Chair Mary A. Lau, Vice Chair John Quattrocki, Board Member Michael Boutzoukas, Board Member Mike Flanery, Board Member Brian Barker, Board Member Jordan Behar, Board Member Andrew Park, Alternate/Acting 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: January 18, 2022 Member Quattrocki moved to approve the minutes of the January 18, 2022 Community Development Board meeting as submitted in written summation. The motion was duly seconded. Members Quattrocki, Boutzoukas, Flanery, Barker, Behar, Park and Chair Lau voted "Aye"; Alternate Member Abdur-Rahim did not vote. Motion carried unanimously. D. CITIZENS TO BE HEARD RE ITEMS NOT ON THE AGENDA: None 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 1-2) 1. PULLED FROM CONSENT AGENDA Case: FLD2020-03006 — 1720 Overbrook Avenue Level Two Application See below. Community Development 2022-02-15 1 2. HIS2021-12003 — 900 N. Fort Harrison Avenue Level Three Application Owner: City of Clearwater Applicant/Representative: Gina Clayton, Director, Planning & Development Department; 100 S. Myrtle Avenue, Clearwater, FL 33755; phone: 727-562-4587; email: Bina.clayton(a-)myclearwater.com. Location: 1.989 acres bounded by Cedar Street to the north, N. Fort Harrison Avenue to the east, Nicholson Street to the south, and N. Osceola Avenue to the west. Request: The Community Development Board (CBD) is reviewing a request to designate the former North Ward School as historic and is making a recommendation to the City Council. Neighborhood Associations: Clearwater Neighborhoods Coalition and Board of County Commissioners Presenter: Dylan Prins, Planner Member Boutzoukas moved to recommend approval of Case HIS2021-12003 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, Boutzoukas, Flanery, Barker, Behar, Park and Chair Lau voted "Aye"; Alternate Member Abdur-Rahim did not vote. Motion carried unanimously. 1. PULLED FROM CONSENT AGENDA Case: FLD2020-03006 — 1720 Overbrook Avenue Level Two Application Owner: City of Clearwater Applicant/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. Location: 4.12-acres located on the south side of Overbrook Avenue approximately 500 feet west of North Betty Lane. Request: The Community Development Board is reviewing a request for a one-year extension to an approved Development Order (Community Development Code Section 4-407) Neighborhood Associations: Clearwater Neighborhoods Coalition and Board of County Commissioners Presenter: Ellen Crandall, Development Review Manager Member Park declared a conflict of interest. Member Behar moved to accept Ellen Crandall as an expert witness in the fields of general planning, zoning, annexations, land use/rezoning amendments, comprehensive planning, site plan analysis, land development code & land development code amendments, special area plans and overlay districts, site plan review, tree rating/ assessment/inventory, tree preservation techniques, erosion and sediment control for construction, Florida grades and standards for landscape material and trees, and International Society of Arboriculture standards. The motion was duly seconded. Community Development 2022-02-15 2 Members Quattrocki, Boutzoukas, Flanery, Barker, Behar, Acting Member Abdur-Rahim and Chair Lau voted "Aye"; Member Park abstained. Motion carried unanimously. Development Review Manager Ella Crandall said the City had received a letter of objection. The CDB approved Case FLD2020-03006 on June 16, 2020; the Community Development Coordinator approved a one-year extension on June 4, 2021. Today's extension request is for good cause including material scarcity and cost increases. No project changes were submitted. Attorney Brian Aungst, representing the Jolley Trolley, said no extra density was requested; the extension would have no negative effects. He said the neighbors' letter raised the same objections re the site plan, traffic, etc. as they did in 2020 when the CDB approved the project. He said the CDB is asked to consider if the request is based on good cause, defined by the Code as including but not limited to an unexpected national crisis such as the pandemic, economy, and scarcity of materials. Member Behar moved to approve Case FLD2020-03006 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, Boutzoukas, Flanery, Barker, Behar, and Chair Lau voted "Aye"; Acting Member Abdur-Rahim voted "Nay"; Member Park abstained. Motion carried. F. DIRECTOR'S ITEMS Planning and Development Director Gina Clayton said the first public engagement re the North Greenwood CRA (Community Redevelopment Agency) was scheduled for February 24 at the North Greenwood Recreation and Aquatic Complex. Chair Lau said it had been a real pleasure working with Members Boutzoukas, Barker, and Behar, whose terms expire. The retiring members were thanked for their service. G. ADJOURN The meeting adjourned at 1:15 p.m. Community Development Board Community Development 2022-02-15 3 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LASE—FIRST S� h y NAME—MIDDLE N NAME, MAILING AD AJQ CITY2363 41,1 at,0 /evwcz 'v - DATE ON WHICH VOTE OCCURRED 2A5 -7z NAME OF BOARD, COUNCIL COMMISSION, AUTHORITY, OR COMMITTEE CD/3 THE BOARD, COUNCIL COMMISSION, AUTHORITY OR COMMITTEE ON WMCISERVE ISAUNIT OF: CITY 0 COUNTY AME OF POLITICAL SUBDIVISION: MY POSITION IS: 0 OTHER LOCAL AGENCY 0 ELECTIVECPPOINTIVE 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 loss. Each elected or appointed local officer also MUST ABSTAIN 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 Toss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies (CRAs) 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). 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 on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. * * * * * * * * * 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: • 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) CE FORM 88 - 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. n �" LOSURE OF LOCAL OFFICER'S INTEREST 4/ /.i`�'ek" , hereby disclose that on 2// S— (a) A measure came or will come before my agency which (check one or more) inured to my special private gain or loss; inured to the special gain or Toss 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: ,2022 A-F-itk\-11'41 hvs,hrss 2e: (4st- Ll) ZOZo-6300 If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules goveming attorneys, a public officer, who is also an attorney, may comply with the disclosure 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. 2. �s'Z2 Date File 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 CML PENALTY NOT TO EXCEED $10,000. CE FORM 88 - EFF. 1112013 Adopted by reference in Rule 34-7.010(1)(f), F.A.C. PAGE 2 CITY OF CLEARWATER CLEARWATER PLANNING: & DFVI WPMLNT, PosT OEneT, Box 4748, CLEARWATER, FLORIDA 33758-4748 NIErNocu'AL SERVICES BC[E DING, 100 SOUTH MYRTLE AVENUE., CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 TO: Community Development Board Members FROM: Gina Clayton, Planning and Development Director COPIES: Matthew Mytych Assistant City Attorney; Attorney Jay Daigneault, Susan Chase, Documents and Records Specialist / Pat Sullivan, Board Reporter SUBJECT: Agenda Items February 15, 2022 DATE: February 09, 2022 Community Development Board Packets being distributed contain the following: Unapproved minutes of January 18, 2022 Level Two Applications (Items 1) 1. Case: FLD2020-03006 —1720 Overbrook Avenue AssignPlanner: Ellen Crandall, Development Review Manager Yes: No: Level Three Applications (Items 1) 1. Case: HIS2021-12003-900 N Ft Harrison Avenue Assignlanner: Dylan Prins Planner Yes: No: I have conduc a personal in stigation on the personal site visit to the following properties. SiBnatur `, r' ' ��'�-`— Date: (1 Print Name: �—��- �2— \ `�J n....J Prepared by: Sherry L. Watkins, Administrative Assistant CITY OF CLEARWATER CLEARWATER PLANNING & DEVELOPMENT, POST OFFICE r;ci=, Box 4748, CLEARWATER, F.oRIDA 33758-4748 MUNICIPAL SFRVR.:HS BUILDING, 100 SOrTH MYRTLE AVENUE, NUE. (.LEAR\CATER, FLORIDA 33756 TELEPHONE (727) 562-4567 TO: Community Development Board Members FROM: Gina Clayton, Planning and Development Director COPIES: Matthew Mytych Assistant City Attorney; Attorney Jay Daigneault, Susan Chase, Documents and Records Specialist / Pat Sullivan, Board Reporter SUBJECT: Agenda Items February 15, 2022 DATE: February 09, 2022 Community Development Board Packets being distributed contain the following: Unapproved minutes of January 18, 2022 Level Two Applications (Items 1) 1. Case: FLD2020-03006 —1720 Overbrook Avenue Assigned P nner: Ellen Crandall, Development Review Manager Yes: No: Level Three Applications (Items 1) 1. Case: HIS2021-12003-900 N Ft Harrison Avenue Assigned canner: Dylan Prins Planner Yes: V I have conduct ape onal ' ve nation on the personal site visit to the following properties. Signature: A. Date: 2- /S ZO 2<- Print Name: Prepared by: Sherry L.1Natkins, Administrative Assistant CITY OF CLEARWATER CLEARWATER PLANNING & DEVELOPMENT, POST OFFICE Bos 4748, CLEARWATER, ATE -.R, FLORIDA 33758-4748 MUNICIPAL SERVICES BUILDING,, 100 SOUTH MyKrui AVENUE., C.!J ARVxvrr R, Fi.oR:nA 33756 TELEPHONE (727) 562-4567 TO: Community Development Board Members FROM: Gina Clayton, Planning and Development Director COPIES: Matthew Mytych Assistant City Attorney; Attorney Jay Daigneault, Susan Chase, Documents and Records Specialist / Pat Sullivan, Board Reporter SUBJECT: Agenda Items February 15, 2022 DATE: February 09, 2022 Community Development Board Packets being distributed contain the following: Unapproved minutes of January 18, 2022 Level Two Applications (Items 1) 1. Case: FLD2020-03006 —1720 Overbrook Avenue Assigned Planner: Ellen Crandall, Development Review Manager Yes: No: Level Three Applications (Items 1) 1. Case: HIS2021-12003-900 N Ft Harrison Avenue Assigned Planner: Dylan Prins Planner Yes: No: I have conducted a • ersonal investigation on the personal site visit to the following properties. Signature: - Date: Z S 2 2 -- Print Name: �r ('A /1 iGt-i Prepared by: Sherry L. Watkins, Administrative Assistant