07/19/2022 COMMUNITY DEVELOPMENT BOARD MEETING MINUTES
CITY OF CLEARWATER
July 19, 2022
Present: Chair Mary A. Lau, Vice Chair John Quattrocki, Board Member Mike Flanery, Board
Member Andrew Caudell, Board Member Audrey Haudricourt, Board Member Andrew Park, Board
Member Bruce Rector
Absent: Alternate Board Member Samuel Hutkin
Also Present - Jay Daigneault—Attorney for the Board, Matthew Mytych —Assistant City
Attorney, Gina Clayton - Planning & Development Director, Lauren Matzke —Assistant Planning &
Development Director, Patricia O. Sullivan — Board Reporter
A. CALL TO ORDER, 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: June 21, 2022
Member Flanery moved to approve the minutes of the June 21, 2022
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 it was difficult to view meeting documents on Accela and
suggested the Board adopt the City Council's agenda system.
Planning & Development Director Gina Clayton said staff was working on
solutions to simplify accessing meeting documents on Accela.
E. CONSENT AGENDA: The following case is not contested by the applicant, staff,
neighboring property owners, etc. and will be approved by a single vote at the
beginning of the meeting: (Item 1)
1. Case: FLD2022-04015 — 140 Devon Drive Level Two Application
Owner(s): Casey K. Carlson
Representative: Robert Ress, Ress Marine Construction Company, 435 Woodlawn Avenue,
Belleair, FL, 33756; phone: (727) 638-2931; email: ressmarine@msn.com
Location: 0.176 acre located on the north side of Devon Drive approximately 580 feet east of
Hamden Drive.
Request: The Community Development Board is reviewing an addition and extension to an
existing 572 square-foot dock with a proposed 185 square-foot floating dock in the Low
Community Development 2022-07-19 1
Medium Density Residential (LMDR) District for the property located at 140 Devon Drive. The
project is 64 feet in length, and requests allowable flexibility for the length of a dock serving
single-family or two-family dwellings. (Section 3-601.C.1.g.iii).
Neighborhood Association: Clearwater Neighborhoods Coalition, Board of County
Commissioners, Pinellas County School Board, Clearwater Beach Association.
Assigned Planner: Mark Parry, Senior Planner
Member Rector moved to approve Case FLD2022-04015 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 APPLICATION (ITEM 1)
1. Level Three Application
Case: DVA2022-06001 — 50 North Osceola and 112 South Osceola Avenue
Owner(s): City of Clearwater
Representative: Katherine E. Cole, Hill Ward Henderson, 600 Cleveland Street Suite 800,
Clearwater, FL 33755; phone: (727) 259-6791; email: Katie.Cole@hwhlaw.com
Location: A 2.6-acre portion of a parcel located on the northwest corner of South Osceola
Avenue and Pierce Street and a 1.348-acre portion of a parcel located on the west side of
North Osceola Avenue approximately 370 feet north of Cleveland Street.
Request: The Community Development Board is reviewing and making a recommendation to
the City Council on a Development Agreement between the City of Clearwater and Gotham
Property Acquisitions, LLC and The DeNunzio Group providing for the redevelopment of two
sites on the west side of Osceola Avenue abutting Coachman Park in the Downtown Core for
overnight accommodations, attached dwellings, commercial uses such as retail, food and
beverage, cultural uses and event space pursuant to Community Development Code Section
4-606.
Neighborhood Associations: Clearwater Neighborhoods Coalition, Board of County
Commissioners, Pinellas County School Board, Old Clearwater Bay Neighborhood
Association, Pierce 100 Condominium Association, East Gateway Business and Neighbors
Association, Creekside Manor 1 & 2, Little Garden Trail Neighborhood Association, Water's
Edge Condominium Association of Clearwater, Inc., Milton Park/Magnolia Heights
Neighborhood Association.
Assigned Planner: Gina Clayton, Planning & Development Director,
Consensus was to allot 20 minutes for each presentation.
Member Quattrocki moved to accept Gina Clayton as an expert
witness in the fields of general planning, zoning, annexations, land
use/rezoning amendments, demographics, land development code
& land development code amendments, historic preservation,
comprehensive planning, special area plans and overlay districts.
The motion was duly seconded and carried unanimously
Ms. Clayton provided a PowerPoint presentation of the Staff Report.
The agreement's deadline to close on the properties is December
2024 with all permits in place for a hotel on the Harborview Center site and
Community Development 2022-07-19 2
the podium and a single apartment tower on the City Hall site, construction
of the second apartment tower will be phased. Parking was an ongoing
discussion. The project will integrate with the Imagine Clearwater site and
both properties will feature underground parking. Due to supply chain
disruptions, the agreement does not specify a construction completion
deadline, staff is working on conditions re construction.
In response to questions, Ms. Clayton said the property owner can
establish rules and regulations for pedestrian walkways crossing project
property lines. Re the agreement, the City would sell the 2 properties to the
developers once voters approve a November referendum to amend the
City Charter to allow the City to sell the bluff properties, the next
opportunity for a referendum would be November 2024. Site plans will
require a traffic study. The agreement satisfies Comp Plan requirements.
The Board's recommendation of approval would not be binding on the
future approval process. A Code amendment will allow the development
agreement to be extended by 10 years to 30 years. A City parking garage
on Osceola Avenue is being considered. The Harborview site will have 50
City parking spaces.
Attorney Katie Cole, representing the developers, introduced project
participants. She reviewed the "The Bluffs" development of a 13-story, 158-
room destination hotel with commercial and convention space on the
Harborview site and two 27-story residential towers with 500— 600
apartments and commercial space on the City Hall site. She requested the
Board recommend City Council approval of the development agreement
and conceptual designs. She said the Staff Report stated the project
complies with the downtown plan, Code, and State requirements. She
anticipated construction would take 4 years. She said when construction
begins, the tower phasing decision will be based on market conditions and
construction costs. She said the City committed $22-million from the
parking fund for the project. The developers committed to pay the appraised
value of the properties which exceeds $22-million.
Architect of Record Jordan Behar said establishing the site as an activity
center was a core challenge. He reviewed the project noting parking will be
hidden underground where 5% of spaces will have EV(Electric Vehicle)
charging stations and 10% of spaces will be readied for future charging
stations. He said the project will feature a modern coastal design, engage
the public, and support sustainability with Silver LEED (Leadership in
Energy and Environmental Design) and extended green space that will
integrate seamlessly with the park.
Keith Greminger, representing Stantec, said the goal was to design the
project for people first. In response to questions, he said the project, focused
west of Osceola Avenue, tried to take advantage of all transit opportunities.
In response to a concern re the project's future if developers default or
decide to build only one apartment tower, Attorney Cole said the
agreement contains conveyance restrictions. She said the developers want
to ensure that all residents have an opportunity to appreciate the project's
Community Development 2022-07-19 3
location on the bluff. She said Terms of Agreement provide development
flexibility and protect City residents.
Three residents expressed concerns re lost downtown parking spaces,
traffic congestion, project staging, ramifications of a possible recession
negatively impacting taxpayers, and that daily scheduled activities will be
important to enliven the park.
Discussion ensued with concerns expressed that the properties could
remain vacant if the developers go bankrupt after purchasing the
properties. It was commented the project will benefit from the City's
impressive library and public input during the process will help the project
meet community needs. It was stated the agreement provides adequate
protections.
Ms. Clayton reported the second and final public hearing on the Development
Agreement was scheduled for the July 21, 2022 City Council meeting.
Member Quattrocki moved to recommend approval of Case DVA2022-
06001 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. CONTINUED ITEMS: (Item 1)
1. Case: FLD2022-03011 — 1000 Eldorado Avenue Level Two Application
Owner(s): Nicholas R. Friedman; Eldorado Beach, LLC
Representative: Lauren Rubenstein, Denhardt and Rubenstein, 2700 1 st Ave. N, St.
Petersburg, FL 33713; phone: (727) 327-3400; email: lauren@denhardtlaw.com
Location: 0.225 acre located on the west side of Eldorado Avenue at the western terminus of
Island Drive.
Request: The Community Development Board is reviewing a proposed non-opaque four-foot
fence seaward of the Coastal Construction Control Line (CCCL) in the Low Medium Density
Residential (LMDR) District for the property located at 1000 Eldorado Avenue. The project
requests flexibility for construction seaward of the CCCL (Community Development Code
Section 3-905).
Neighborhood Association: Clearwater Neighborhoods Coalition, Board of County
Commissioners, Pinellas County School Board, Carlouel Homeowners Association.
Assigned Planner: Mark Parry, AICP, Senior Planner
Senior Planner Mark Parry said attorneys for the subject and abutting
properties had reached an agreement.
Assistant City Attorney Matthew Mytych reviewed the condition of approval
negotiated by the property owners'representatives to replace Condition
7 in the Staff Report. The agreement allows the fence to be built outside the
disputed area along the red line depicted on Exhibit A.
Attorney Lauren Rubenstein, representing the subject property owners, said
Community Development 2022-07-19 4
Exhibit A was submitted with a comment on it. She said the agreement
safeguards all properties and allows the subject property owners to secure
their property with a fence outside the disputed area, about 25 to 26 inches
inside their property line.
Attorney Andrew Baumann, representing neighbor Ellen Bilgore, said now
that stakes have been placed, it is clear the waterside edge of the fence will
cut off a portion of the 30 plus year old beach path. He requested that the
owner angle the northwest edge of the fence to avoid forcing pedestrian
beach traffic onto the dunes. He requested a condition of approval require
the subject property owners to correct FDEP (Florida Department of
Environmental Protection) violations before constructing the fence.
Three residents expressed concerns that no one is entitled to create new
pathways through wildlife breeding grounds in the dunes, residents with
easement access have not been privy to discussions or drawings re the
agreement, the fence does not need to extend as far to the west, and hope
was expressed that court action would not be necessary to retain the
current width of their beach easement. In response to a question, it was
stated that Ms. Bilgore installed and maintains the stairs and all residents
with easement access maintain the path.
It was stated both parties had agreed to the fence location and resolving
neighbor concerns was not in the scope of the request. It was stated the
Board was required to base its decision on evidence in the record and
expert testimony. It was recommended that the easement dispute be settled
before the Board makes its decision.
Member Quattrocki moved to approve Case FLD2022-03011 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 and Condition
7 amended to read "That, Eldorado Beach, LLC, shall need to be
adjudged the owner of the disputed property area referenced in that
certain lawsuit titled "Ellen Bilgore v. Eldorado Beach, LLC.", bearing
the case number of 22-001384-CI in order to construct the portion of
the fence that is proposed to be located within the disputed area. Such
proof of adjudication shall be in the form of an official order issued by
the court presiding over the case. Alternatively, should the lawsuit be
dismissed, settled, or otherwise disposed of, proof that Eldorado
Beach, LLC owns the disputed fence area may be provided in the form
of a written agreement between the parties of the lawsuit
acknowledging that the disputed fence area belongs to Eldorado
Beach, LLC. The parties to the lawsuit have agreed that the fence may
be constructed along the red line as depicted on Exhibit "A". If
Eldorado Beach, LLC is adjudged the owner of the disputed area or
the case is settled, the fence may be built on the northern property line
as adjudged by the court. Applicant acknowledges that prior to
constructing the proposed fence it must obtain a building permit from
the City. If the location of the fence is later moved to the property line
as adjudged by the court, a new building permit must be obtained, but
Community Development 2022-07-19 5
no additional development approvals shall be necessary." The motion
was duly seconded. Members Quattrocki, Caudell, Park, Rector and
Chair Lau voted "Aye"; Members Flanery and Haudricourt voted
"Nay." Motion carried.
H. DIRECTOR'S ITEMS: None.
L ADJOURN
Attest:
The meeting adjourned at 2:50 p.m.
oard Reporter
ity Development Board
Community Development 2022-07-19 6
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: Mathew Assistant City Attorney; Attorney Jay Daigneault, Susan Chase, Documents and Records
Specialist / Pat Sullivan, Board Reporter
SUBJECT: Agenda Items Tuesday, July 19, 2022
DATE: July 13th, 2022
Community Development Board Packets being distributed contain the following:
Unapproved minutes of June 21St, 2022
Level Two Applications (Items 1-2)
1. FLD2022-04015 — 140 Devon Drive
Assigned Planner: Mark Parry
Yes: _7748 No:
2. FLD2022-03011— 1000 Eldorado Avenue
Assigned Planner: Mark Parry
Yes: No:
Level Three Applications (Items 1-1)
1. DVA2022-06001 — 50 North Osceola and 112 South Osceola Avenue
Assigned fanner: Gina Clayton
Yes: %l No:
have conducted a Pertion on the •ersonal site visit to the followin_ .ro.erties.
SiSi nature_r''".r
Pri
ame:
Prepared by: Isabel Winget, Administrative Assistant
Date: 7� 9/2 Z
F/ci)ev
CITY OF CLEARWATER
CLEARWATER PLANNING & DEVELOPMENT, POST OFFICE: Box 4748, CLEARWATER, PI.ORID.\ 33758-4748
MuNICIB:I. SERVICES BUILDING, 100 SOUTH MYRTLE. AVENUE, CLEARWATER, FLoRum 33756
TELEPHONE (727) 562-4567
TO: Community Development Board Members
FROM: Gina Clayton, Planning and Development Director
COPIES: Mathew Assistant City Attorney; Attorney Jay Daigneault, Susan Chase, Documents and Records
Specialist / Pat Sullivan, Board Reporter
SUBJECT: Agenda Items Tuesday, July 19, 2022
DATE: July 13th, 2022
Community Development Board Packets being distributed contain the following:
Unapproved minutes of June 21St, 2022
Level Two Applications (Items 1-2)
1. FLD2022-0 015 — 140 Devon Drive
Assign d tanner: Mark Parry
Yes: No:
2. FLD2022-03011— 1000 Eldorado Avenue
Assigne tanner: Mark Parry
Yes: No:
Level Three Applications (Items 1-1)
1. DVA2022-06001-50 North Osceola and 112 South Osceola Avenue
Assignlanner: Gina Clayton
Yes: � No:
I have . ucte• :—' n . t personal site visit to the following properties.
Si ature: �ii���-7"-/� ��� Date: -7"-/2
Print Na ���j///4Z"
Prepared by: Isabel Winget, Administrative Assistant
CITY OF CLEARWATER
CLEARWATER PLANNING & DEVELOPMENT, POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748
MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, EARWATER, FLO IDA 33756
TELEPHONE (727) 562-4567
TO: Community Development Board Members
FROM: Gina Clayton, Planning and Development Director
COPIES: Mathew Assistant City Attorney; Attorney Jay Daigneault, Susan Chase, Documents and Records
Specialist / Pat Sullivan, Board Reporter
SUBJECT: Agenda Items Tuesday, July 19, 2022
DATE: July 13th, 2022
Community Development Board Packets being distributed contain the following:
Unapproved minutes of June 21St, 2022
Level Two Applications (Items 1-2)
1. FLD2022-04015 —140 Devon Drive
Assigned PJ�nner: Mark Parry
Yes: No:
2. FLD2022-03011— 1000 Eldorado Avenue
Assigned P nner: Mark Parry
Yes: _ No:
Level Three Applications (Items 1-1)
1. DVA2022-06 1-50 North Osceola and 112 South Osceola Avenue
Assigned P nner: Gina Clayton
Yes: No:
I have conducte Pers nal i e igation on the personal site visit to the following properties.
Signature: fta,_ ,/� % Date:
Ai Iz0OZ
Print Name: ��' (( ! l ` a. cJ
Prepared by: Isabel Winget, Administrative Assistant
CITY OF CLEARWATER
CLEARWATER PLANNING & DEVELOPMENT, POST OFFICE. Box 4748, CLEARWATER, FLORID :\ 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: Mathew Assistant City Attorney; Attorney Jay Daigneault, Susan Chase, Documents and Records
Specialist / Pat Sullivan, Board Reporter
SUBJECT: Agenda Items Tuesday, July 19, 2022
DATE: July 13th, 2022
Community Development Board Packets being distributed contain the following:
Unapproved minutes of June 21St, 2022
Level Two Applications (Items 1-2)
1. FLD2022-04015 —140 Devon Drive
Assigned Planner: Mark Pain
Yes: No:
2. FLD2022-03011— 1000 Eldorado Avenue
Assigned Planner: Mark2?.
Yes: No:
Level Three Applications (Items 1-1)
1. DVA2022-06001-50 North Osceola and 112 South Osceola Avenue
Assigned Planner: Gina Cla
Yes: No:
I have conducted a ersonal vestigation on the personal site visit to
the following properties.
Date: / 7 t�
Signatur
Print Name: [J bG�t , gee il )ri cot;
Prepared by: Isabel Winget, Administrative Assistant