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04/18/2023 DocuSign Envelope ID: 1742511A-9193-4655-BE9B-9467C9134AFE COMMUNITY DEVELOPMENT BOARD MEETING MINUTES CITY OF CLEARWATER April 18, 2023 Roll Call Present 7 - Chair John Quattrocki, Vice Chair Bruce Rector, Board Member Diane Achinelli, Board Member Aubrey Haudricourt, Board Member Andrew Park, Board Member Andrew Hupp, and Alternate Board Member Samuel Hutkin Absent 1 - Board Member Andrew Caudell Also Present - Jay Daigneault —Attorney for the Board, Matthew Mytych — Assistant City Attorney, Gina Clayton — Planning & Development Director, and Rosemarie Call — City Clerk To provide continuity for research, items are in agenda order although not necessarily discussed in that order. A. CALL TO ORDER, PLEDGE OF ALLEGIANCE B. ROLL CALL: Vice Chair Quattrocki, Members: Achinelli, Caudell, Haudricourt, Hupp, Park, Rector, Alternate Hutkin, Assistant City Attorney Matthew Mytych, Attorney Jay Daigneault and City Staff C. WELCOME NEW BOARD MEMBER: Andrew Hupp D. SELECTION OF BOARD MEMBER TO PRESIDE AT MEETING Note — the Board appointed John Quattrocki and Bruce Rector as Chair and Vice Chair, respectively, at the March 21, 2023 meeting. E. APPROVAL OF MINUTES FROM THE PRIOR MEETING, MARCH 21, 2023 Member Haudricourt moved to approve the minutes of the March 21, 2023 Community Development Board meeting as submitted in written summation. The motion was duly seconded and carried unanimously. F. CITIZENS TO BE HEARD RE: ITEMS NOT ON THE AGENDA Christine Michalek expressed concerns with the proposed flexible land development request for 805 S. Gulfview Boulevard; the request proposes a Community Development Board 2023-04-18 1 DocuSign Envelope ID: 1742511A-9193-4655-BE9B-9467C9134AFE dangerous entry and exit into the Forte Sands and the site includes toxic storage tanks from a former gas station. She urged the Board to determine that the request cannot progress to the CDB for approval. Attorney Daigneault said the Board does not have the ability to make that determination. The Board's decision must be based on the evidence and testimony presented at a hearing. Bill Jonson said he did not find a link to the first two legislative items on the online agenda. Lisa Lanza said she was thrilled by the stormwater pond at Crest Lake Park, thanked CDB for their input on that matter, and suggested all stormwater ponds in the city have a littoral zone. G. CONTINUED FROM THE MEETING OF MARCH 21, 2023 (ITEMS 1-2): 1. Case: Amendments to the Clearwater Downtown Redevelopment Plan Level Three Application Applicant: City of Clearwater, Planning and Development Department Request: The Community Development Board is reviewing a request to amend the Clearwater Downtown Redevelopment Plan to revise the Public Amenities Incentive Pool eligible amenities and pool allocation process and is making a recommendation to the City Council. Neighborhood Associations: Clearwater Neighborhoods Coalition, Board of County Commissioners, Pinellas County School Board, Water's Edge Condominium Association Of Clearwater, Inc., Little Garden Trail Neighborhood Association, Old Clearwater Bay Neighborhood Association, Downtown Gateway / East Gateway Business And Neighbors Association, Mima (Milton Park / Magnolia Heights) Neighborhood Association, Plaza Park Neighborhood Association, Bayview Heights, Country Club Addition Neighborhood, Country Club Addition Neighbors, Hillcrest Hibiscus Neighborhood Association, Skycrest Neighbors, Glen Oaks Park/Glenwood Neighbors Assigned Planner: Lauren Matzke, AICP, Planning & Development Assistant Director, Lauren.Matzke(a)-myclearwater.com Attorney Mytych requested that the Board accept Lauren Matzke, Planning and Development Assistant Director, as an expert witness in the fields of general planning, zoning, annexations, land use/rezoning amendments, demographics, site plan analysis, land development code and land development code amendments, comprehensive planning, special area plans, overlay districts, and site plan reviews. Vice Chair Rector moved to accept Lauren Matzke as an expert witness in Community Development Board 2023-04-18 2 DocuSign Envelope ID: 1742511A-9193-4655-BE9B-9467C9134AFE the fields of general planning, zoning, annexations, land use/rezoning amendments, demographics, site plan analysis, land development code and land development code amendments, comprehensive planning, special area plans, overlay districts, and site plan reviews. The motion was duly seconded and carried unanimously. Ms. Matzke reviewed the proposed amendments to the Public Amenities Incentive Pool eligible amenities and pool allocation process. In response to questions, Ms. Matzke said the pool was established in 2004 and there are approximately 2,000 dwelling units available (over 2 million square feet). Staff is proposing to allow the Community Development Coordinator be authorized to allocate units from the pool. The proposed two-tiered approach would allow certain projects be authorized by the Community Development Coordinator;projects not included in the code amendment would come before the Community Development Board. Member Haudricourt moved to recommend to the Clearwater City Council approval of Item 1, Amendments to the Clearwater Downtown Redevelopment Plan, based upon the Findings of Fact and Conclusions of Law, and the Staff Report presented to the Board today. The motion was duly seconded and carried unanimously. 2. Case: TA2023-01001 — Amendments to the Community Development Code Level Three Application Applicant: City of Clearwater, Planning and Development Department Request: The Community Development Board is reviewing a request to amend the Community Development Code Appendix C. Downtown District and Development Standards to revise the Public Amenities Incentive Pool allocation process and other limited changes relating to transition areas, step backs, and setbacks in Downtown, and is making a recommendation to City Council. Neighborhood Associations: Clearwater Neighborhoods Coalition, Board of County Commissioners, Pinellas County School Board, Water's Edge Condominium Association Of Clearwater, Inc., Little Garden Trail Neighborhood Association, Old Clearwater Bay Neighborhood Association, Downtown Gateway / East Gateway Business And Neighbors Association, Mima (Milton Park / Magnolia Heights) Neighborhood Association, Plaza Park Neighborhood Association, Bayview Heights, Country Club Addition Neighborhood, Country Club Addition Neighbors, Hillcrest Hibiscus Neighborhood Association, Skycrest Neighbors, Glen Oaks Park/Glenwood Neighbors Assigned Planner: Lauren Matzke, AICP, Planning & Development Assistant Director, Lauren.Matzkeamyclearwater.com Community Development Board 2023-04-18 3 DocuSign Envelope ID: 1742511A-9193-4655-BE9B-9467C9134AFE Attorney Mytych requested that the Board accept Lauren Matzke, Planning and Development Assistant Director, as an expert witness in the fields of general planning, zoning, annexations, land use/rezoning amendments, demographics, site plan analysis, land development code and land development code amendments, comprehensive planning, special area plans, overlay districts, and site plan reviews. Vice Chair Rector moved to accept Lauren Matzke as an expert witness in the fields of general planning, zoning, annexations, land use/rezoning amendments, demographics, site plan analysis, land development code and land development code amendments, comprehensive planning, special area plans, overlay districts, and site plan reviews. The motion was duly seconded and carried unanimously. Ms. Matzke reviewed the proposed amendments to the Public Amenities Incentive Pool allocation process and changes relating to transition areas, step backs, and setbacks in Downtown. In response to a question, Ms. Matzke said the Downtown Zoning District is a form-based code and is organized generally by different street types. Each street is shown on a particular map; page 7 of the proposed ordinance summarizes where parking is allowed and the setback requirements. She said under Urban Residential Il, parking is allowed to the side or the rear. Vice Chair Rector moved to recommend to the Clearwater City Council approval of Case TA2023-01001, Amendments to the Clearwater Community Development Code, based upon the Findings of Fact and Conclusions of Law, and the Staff Report presented to the Board today. The motion was duly seconded and carried unanimously. H. LEVEL TWO APPLICATIONS (ITEMS 1-2): 1. Case: - — 776 Eldorado Avenue Level Two Application Owner(s): Jason Mickool and Allyson Massengill Representative: Katherine E. Cole; Hill Ward Henderson (600 Cleveland Street, Suite 800, Clearwater, FL, 33755; phone:727-724-3900; email: Katie.Cole @ hwhl aw.co Location: 0.227-acres located on the west side of Eldorado Avenue, approximately 60 feet south from the intersection of Eldorado Avenue and Mango Street Request: The Community Development Board (CDB) is reviewing a proposed pool and four-foot non-opaque fence, as accessory to a detached dwelling under construction and approved under FLS2021-09032, to be located seaward of the Coastal Construction Control Line (CCCL) in the Low Medium Density Residential (LMDR) District for the property located at 776 Eldorado Avenue. The project requests Community Development Board 2023-04-18 4 DocuSign Envelope ID: 1742511A-9193-4655-BE9B-9467C9134AFE flexibility for construction seaward of the CCCL (Community Development Code Section 3-905). Associations: Clearwater Neighborhoods Coalition, Board of County Commissioners, Pinellas County School Board, Clearwater Beach Association Assigned Planner: Melissa Hauck-Baker, AICP, Senior Planner AND 2. Case: - 1 — 780 Eldorado Avenue Level Two Application Owner(s): Mickool Properties, LLC Representative: Katherine E. Cole; Hill Ward Henderson (600 Cleveland Street, Suite 800, Clearwater, FL, 33755; phone:727-724-3900; email: Katie.Cole e whiaw®co Location: 0.152-acres located at the southwest corner of the intersection of Eldorado Avenue and Mango Street. Request: The Community Development Board (CDB) is reviewing a proposed pool and four-foot non-opaque fence, as accessory to an existing detached dwelling, to be located seaward of the Coastal Construction Control Line (CCCL) in the Low Medium Density Residential (LMDR) District for the property located at 780 Eldorado Avenue. The project requests flexibility for construction seaward of the CCCL (Community Development Code Section 3-905). Associations: Clearwater Neighborhoods Coalition, Board of County Commissioners, Pinellas County School Board, Clearwater Beach Association Assigned Planner: Melissa Hauck-Baker, AICP, Senior Planner Applicant representative Katie Cole requested both applications be continued. One individual opposed FLD2022-11028, 776 Eldorado Avenue, and FLD2023- 01002, 780 Eldorado Avenue. Vice Chair Rector moved to continue FLD2022-11028 and FLD2023-01002 to June 20, 2023. The motion was duly seconded and carried unanimously. I. DIRECTOR'S ITEMS Planning and Development Director Gina Clayton said the Board has scheduled a special meeting on Wednesday, May 10 to discuss the proposed comprehensive plan amendments, specifically the land use, mobility, and quality places elements. She said the Board will receive the meeting materials via email. J. ADJOURNMENT Community Development Board 2023-04-18 5 DocuSign Envelope ID: 1742511A-9193-4655-BE9B-9467C9134AFE The meeting adjourned at 1:40 p.m. E6DocuSigned by: Lt &Aff 6&i OE89FBABE50A440... Attest: DS Chair, Community Development Board DocuSigned by: lea 620DD5FEDFFE4CF... City Clerk Community Development Board 2023-04-18 6 CITY OF CLEARWATER CLEARWATER PLANNING & DEV LOPMENT, 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 / Rosemarie Call, Board Reporter SUBJECT: Agenda Items April 18, 2023 DATE: April 10, 2023 Community Development Board Packets being distributed contain the following: Unapproved minutes of March 21, 2023 Level Two Applications (Items 1-2) 1. FLD2022-11028 — 776 Eldorado Avenue Assigned Planner: Melissa Hueck -Baker Yes: No: C 2. FLD2023-01002 — 780 Eldorado Avenue Assigned Planner: Melissa Huck -Baker Yes: No: 6 Level Three Applications (Items 1-21 1. Amendments to the Clearwater Downtown Redevelopment Plan Assigned Planner: Lauren Matzke 2. TA2023-01001 — Amendments to the Community Development Code Assigned Planner: Lauren Matzke I have conducted a personal investi_ation on the •ersonal site visit to the fi Si: nature: i Date: Print Name: ro erties. Prepared by: Isabel Winget, Administrative Assistant CITY OF CLEARWATER CLEARWATER PLANNING & DEVELormENT, 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 / Rosemarie Call, Board Reporter SUBJECT: Agenda Items April 18, 2023 DATE: April 10, 2023 Community Development Board Packets being distributed contain the following: Unapproved minutes of March 21, 2023 Level Two Applications (Items 1-21 1. FLD2022-11028 — 776 Eldorado Avenue Assigndd Planner: Melissa Hauck -Baker Yes: X t No: 2. FLD2023-01002 — 780 Eldorado Avenue Assigned Planner: Melissa Hauck -Baker Yes: 7U No: Level Three Applications (Items 1-21 1. Amendments to the Clearwater Downtown Redevelopment Plan Assigned Planner: Lauren Matzke 2. TA2023-01001 — Amendments to the Community Development Code Assigned Planner: Lauren Matzke I have c Si Print Name •Ae:itlin'1*- :at, on the •er onal site visit to e followin_ .ro Date: erties. eV3 Prepared by: Isabel Win: - , Administrative Assistant Presentation to Members of the Community Development Council Meeting of April 18, 2023 by Christine/Chris Michalek, Clearwater Point Concerned Citizen 855 Bayway Blvd. # 707, Clearwater Beach, Florida 33767 rudy.chris@icloud.com 214-923-6549 Good afternoon. I am Christine/Chris MICHALEK, a concerned citizen living on Clearwater Point, 855 Bayway Boulevard. Greetings CDB Attomeys, Clearwater Staff: To CDB Members, Quattrocki and Park - it's been a while To 2022 Appointees, Cuadell, Haudricourt, Rector, Alternate Hutkin - nice to meet you and To this year's 2023 Appointees Achinelli and Hupp - God Speed, you have inherited the triumphs, the "sins of your father!" I am coming to you today with an item "not on the Agenda," the SE Corner of Gulf & Gulfview Blvds, Clearwater Beach, (formerly Fisherman's Wharf, Leverocks, Shells, 551) currently submitted to Clearwater Planning, Development, Engineering as CASE: FLD2022-09025 at 805 S. Gulfview Boulevard. The Pending Sale at 25ML (today noted at 1,001 days) is for 351 Gulf Boulevard. Other submitted docs use 805-809 Gulfview Bouievaru as the project address. I along with other Clearwater Point residents have submitted our concerns in writing regarding this project. I want to focus on the two most threatening safety issues that we have pointed out to Staff: #1 The proposed DANGEROUS ENTRANCE — EXIT INTO FORTE SANDS ... The entry, exit into the complex as designed is "an accident waiting to happen!" and was questioned by Staff Atallah and Jordi at the March 2nd, DRC meeting. Following, Richard DeSantis, Clearwater Point resident, wrote Senior Planner Mark Parry and Mr. Atallah expressing deep concem. The response was that per the Developer's suggestion, "more signs," would be installed. Mr. DeSantis countered: ""The driveway is too close to the busy intersection, giving drivers little or no time to react to vehicle, pedestrian and bicycle activity and recommended: One possrnie lave the turn -in morn South Gulfview on South Shot Lyti'. It.4 :ground the co ap,ex to the west side. (See Sketch) The 2nd threatening safety issue is the status of TOXIC UNDERGROUND STORAGE TANKS from a earlier gas station Recently, at least 11 visible well caps remain. We have asked for the Certificate/Document which lifts a placed Moratorium to build on the site. If there is no document on file, in order to alleviate the concems of Clearwater's residents, we ask (as is prescribed by the DEP) that the county does a site visit and confirm the "clean bill of health." You'll note several other troublesome elements of the proposal such as: no Hurricane Evacuation Plan, no Traffic Study, indifference to Beach by Design, question regarding the Transfer/Sale of Four Dwelling Units with Same Agent/Attomey Brian Aungst Jr., listed as both Seller and Purchaser, and a lack of action on the June 2021 Community Neighborhood's Coalition to "Leveling the Playing Field" Report. I trust that you will carefully review our concerns and in doing so, deem submission CASE FLD2022-09025, the Forte Sands Resort ... INCOMPLETE ... returned to the Developer to address, resolve all identified issues. We ask you to determine that as written, at this juncture, the submission, cannot progress to the CDB for approval! Presentation to Members of the Community Development Council Meeting of April 18, 2023 by Christine/Chris Michalek, Clearwater Point Concerned Citizen 855 Bayway Blvd. # 707, Clearwater Beach, Florida 33767 rudy.chris@icloud.com 214-923-6549 ISSUES OF CONCERN: FLD2022-09025 - SE Corner of Gulf and Gulfview Boulevards Proposal for Forte Sands Resort Note: Sent Earlier to Members of Clearwater Planning, Development and Engineering Staff Good morning Mr. Parry, Ms. Crandall, Ms. Clayton, cc: Mr. Atallah, Mr. Garriott, Mr. Jordi, Ms. Kessler and Ms. Kivett Less than one month from today, on May 10th, the Community Development Board (CDB) will be meeting to scrutinize and move forward a massive project, i.e., the FORTE SANDS RESORT on the SE Comer of Gulfview and Gulf Boulevards. If approved, this project will be yet another example of Developer rapacity with little consideration of how the two structures proposed will affect the 465 families who live on Clearwater Point, but beyond these residents, the safety of all Clearwater (South Beach, Sand Key) citizens. Attached you will find a HISTORY, a comprehensive summary of the property, CASE: FLD2022-09025, the proposed FORTE SANDS RESORT PROPOSAL by Applicant/Contact: Housh Ghovaee, CEO Northside Engineering and/or Attomey Brlan Aungst, Jr. The HISTORY identifies problematic, dangerous, ISSUES OF CONCERN WHICH ARE NOTED IN RED. These elements in RED must be resolved prior to the scheduled DRC Meeting of Thursday, May 4th and definitely before the May 10th CDB Meeting. Beyond the obvious questions about the fluctuating FLD2022-09025's information regarding APPLICANTS/AGENTS i.e., Sandra Bradbury/Housh Ghovaee, CEO Northside Engineering and/or Attorney Brian Aungst Jr., and the PROPERTY ADDRESSES: 805 S. Gulfview Blvd., 551 Gulf Blvd., and/or 805-809 Gulfview Blvd., 33767, here are the disturbing elements of FLD2022-09025. la - COMMUNITY SAFETY: DANGEROUS ENTRANCE INTO FORTE SANDS ... The ingress and egress into the Forte Sands complex as designed is "an accident waiting to happen! " (See March email from Clearwater Point Citizen Richard DeSantis to Senior Planner Mark Parry, then to Traffic Engineer Omar Atallah.) Mr. Atallah responded with a sketch: "Interim improvements are shown here." The improvements provided the Developer's suggestion to add more roadway signs to which Mr. DeSantis countered: ""The driveway is too dose to the busy intersection, giving drivers little or no time to react to vehicle, pedestrian and bicycle activity and recommended, One possible solution is to have the tum -in from South Gulfview on South ore Blvd going around the complex on the west side. " A final comment by Mr. Atallah was: "My plan is to micro simulate the new development access with nearby intersection to further access any potential impacts. This will be further discussed at a future meeting with the developer designer." Mr. Parry, Ms. Crandall, Mr Atallah, Mr. Jordi, Ms. Kivitt ... Has there been any further dialogue with the Developer to correct this dangerous Forte Sands entrance and exit? Has the micro simulation been completed. If "yes," please forward the micro simulation report. 1 Ib - COMMUNITY SAFETY: NO HURRICANE EVACUATION PLAN ... Reviewing the documents submitted for CASE: FLD2022-09025, there is no submitted Hurricane Evacuation Plan. * Mr. Parry, Ms. Crandall, Ms. Clayton ... With the current 2023 projection of "11-15 named tropical storms, 4-8 of which are expected to reach hurricane strength,"please advise as to why CASE: FLD2022-09025, does not include a Hurricane Evaluation Plan? lc - COMMUNITY SAFETY: NO SUBMITTED TRAFFIC STUDY ... On January 23rd, Mr. Pergolizzi of Gulf Coast Consulting sent a letter to Applicant/Contact: Housh Ghovaee, CEO and/or Brian Aungst, Jr.,.stating that "no Traffic Study is required." Mr. Parry, Ms. Crandall, Ms. Clayton Mr. Atallah, Mr. Jordi, Ms. Kivett ... The comer of Gulfview and Gulf Blvds., with adjoining Sand Key bridge and traffic flow moving East and South from Clearwater's round -about is a major, often severely congested South Beach intersection, not to mention a frequent path for walkers and cyclists! Please explain how a Traffic Study would not be required? II COMMUNITY SAFETY:TOXIC SITE, UNDERGROUND STORAGE TANKS ... As noted in the attached HISTORY, a gas station was present on the North side of this site. Recently, at least 11 visible monitoring well caps were counted. A moratorium was placed on any future builds due to these tanks. No Environmental reference, no Staff comments are made to the possibility of the remaining toxicity of the underground tanks. Mr. Parry, Ms. Crandall, Ms. Clayton, Ms. Kessler, Ms. Kivett ...Please provide the Certificate/Document which lifts the Moratorium for the early gas station and gives the Developer a "clean bill of health" allowing for a build on this site. If by chance there is no formal document certifying that the site is no longer toxic and in order to alleviate the concerns of Clearwater's residents, please order (as is prescribed by the DEP) that the county does a site visit and confirm the "clean bill of health." III - INDIFERRENCE TO BEACH BY DESIGN GUIDELINES ... A disturbing rationale as to Why the Forte Sands should be approved demonstrates a certain disregard of Beach by Design requirements. At the March 2nd DRC Meeting, Mr. Ghovaee, supported by Mr. Aungst, Jr.,remarked that another Clearwater Point project had been approved by the Community Development Board, i.e., the Chart House at 850 Bayway Blvd. His reference appeared to imply that a PRECEDENT had been set, allowing for certain liberties such as "walling off' and height increase. As regards to height, Mr. Ghovaee mentioned that Clearwater Point already had 9 story high-rises, allowing for his project to be approved. It should be stressed, (and has been referenced several times by Clearwater Point residents,) that Clearwater Point's four (4) nine (9) story condos are land locked .... not ... abutting a body of water/Clearwater Bay as proposed for the Forte Sands. Mr. Parry, Ms. Crandall, Ms. Clayton ... Who monitors, evaluates the current status and implementation of Beach by Design goals, especially regarding development proposals and their adherence to Beach by Design requirements? As an example, for FLD2022-09025, what is the current status for reaching the Beach by Design directive to "improve traffic circulation ... transportation and parking" on South Beach, to include the intersection of Gulf and Gulfview Boulevards? Additionally, please inform Forte Sands Applicant/Contact Mr. Ghovaee, CEO Northside Engineering and Attorney Mr. Brian Aungst Jr., that nine months has passed since Decade Properties Inc., submitted the 850 Bayway project, Building Permit Application BCP2022-080686. To date, reviewing the Building Permit Application and the Accela 35 page Staff Case Report, several non-compliance issues are marked as "Set to Open, Not Approved, Revisions Needed." Hence, BCP2022-080686, the Chart House project at 850 Bayway Blvd., is still a work in progress and should not be used as documentation (PRECEDENT) i.e., rationale as to why Beach by Design directives need not be followed! 2 1'! - CONCEI_'^ Q! (`(M pi !r'T !!`-!-CT A question on the appropriateness of Transfer/Sale of Four Dwelling Units with Same Agent/Attomey Brian Aungst, Jr., Case FDL2022-09025 - TDR2022-10002. Mr. Aungst is listed as both the Seller,193 Brightwater Drive, Clearwater 33767 and Purchaser, Forte Sands of four (4) dwelling units. The relative question is: "Can a property Seller and property Purchaser have the same Agent?" This question has been posed to the Florida Bar Association, the Pinellas County Board of Realtors/PRO and the Florida Gulfcoast Commercial Association of Realtors. Mr. Parry, Ms. Crandall, Ms. Clayton ... Who ensures that any conceived impropriety by a Developer, Contact Agent are reviewed, determined as orthodox or unorthodox? V — CONTINUED LACK OF AN ENVIRONMENTAL IMPACT STUDY ... From a Forward Pinellas report: "There remains considerable alarm regarding our warming climate which is causing global sea levels to rise, partly because ocean waters are expanding as they warm, and partly because i� sheets and glaciers at the poles are melting and adding more water volume. The scientific consensus is that this trend will continue and accelerate. 'This continuing national alarm as regards to rising tides, the added RED TIDES scourge, not to mention restrictions imposed by the Coastal Construction Code, demands that we scrutinize each proposal to see how it will impact our environment. Mr. Parry, Ms. Crandall, Ms. Clayton, Ms. Kessler, Mr. Garriott ... Who of you, will scrutinize the proposal, question the Developer regarding the impact on the environment, most especially in relation to the Florida Building Code, Coastal Construction Zoning, their planned seawall and established requirements? VI - PERCEPTION OF PREFERENTIAL TREATMENT AFFORDED TO DEVELOPS: • Since 2012, (possibly before,) Development projects impacting on Clearwater neighborhoods' quality of life have been approved, moved forward. These CDB approved developments have impacted Clearwater taxpayers and their families: - Marriott Courtyard — (first proposal to City Council) June 19, 201 - Island Estates (Peter Kohut Lawsuit) vs Clearwater Marine Aquarium — January 19, 2016 - Skycrest HOA vs Cube Self Storage — May 17, 2018 - Individual Neighbors vs Fairfield Inn (Marriott) — December 18, 2018 - Edgewater Drive Neighborhood Association (EDNA) vs Edgewater Valor Capital LLC — July 4, 2019 - Clearwater Point vs Decade Properties/Jeff Keierleber/Brian Aungst., Jr. to build Chart House Hotel - Sept 21, 2021. Note: Prior to Edgewater/EDNA, i.e., the first neighborhood to hire outside Counsel, Clearwater's CASH POOR NEIGHBORHOODS fighting BIG BUCKS DEVELOPERS, oftentimes were unaware of the proposed development due to inadequate notice and time to prepare, rally, act! Oftentimes also, The Agenda Item was placed on the Consent Agenda, resulting in no community testimony opposing the development. • Undervaluing of earlier submitted CNC Leveling the Playing Field recommendations ... On June 10, 2021, David Liliesand representing the Clearwater Neighborhood Coalition, presented Leveling the Playing Field with recommendations to the City Council. This Report offered suggestions on how future developments proposed to the City would afford neighborhoods equitable treatment, at the minimum "a say, earlier notice" regarding proposed developments in their communities. To date, (almost 2 years), the City has disregarded the Report, taken no action! The recommendations include: 1. Pursue a CDB that is more diverse and balanced pursuant to CDC Municipal Code 5-202. 2.. Add an environmentalist to list of professionals to serve on Board. 3. Develop updated training materials for CDB members and city staff. 4. Require completion of CDB training before a member may sit and rule at a hearing. 5. Increase early and minimum notice times so neighbors can review developer's proposals in detail. 6. If a matter is disputed and not routine, hold CDB hearings at night for that matter. 7. Review the current code to create meaningful buffers to protect a neighborhood's character and safety. 8. Enforce CDC's Municipal Code 1-103 purpose to ensure development will not have a negative impact on the value of surrounding properties and minimize the conflicts among the uses of land and buildings. 3 • Lack of a Developers' Signed Concurrency Agreement ... At an October 17th, at a 2022 BLUFFS PROJECT INFORMATION SESSION, when questioned how Clearwater's Infrastructure would be maintained, enhanced, then Mayor Frank Hibbard shared the following information: "All developers submit and sign a CONCURRENCY AGREEMENT with the City." Recent project development proposals to include FLD2022- 09025: 805 Gulfview Blvd., do not include such an agreement Deviation from historic CDB Meetings' Scheduling ... At a recent Community Development Board (CDB) Meeting, Ellen Crandall, Development Review Manager, made a special request "that the regularly scheduled May 16th, 2023 CDB Meeting, (historically the 3`d Tuesday of each month) be changed to Wednesday, May 10th, with the DRC Meeting to review CASE: FLD2022-09025, 805 S. Gulfview Blvd.., scheduled for Thursday, May 4th. Upon review of all 2021, 2022, 2023 CDB Meetings to date, it is noted that all prior CDB Meetings have been held on the 3rd Tuesday of each month. The only exception was one meeting, a change from the `regular" Tuesday, March 15th, 2022 to March 17th, since the 15th was the Clearwater (City Council) Election Day. On behalf of Clearwater South Beach, Sand Key, Clearwater Point's current and future families, their safety, their quality of life, we ask that the dubious elements of CASE FLD2022-09025 `noted in RED be reviewed and resolved by the Clearwater Planning, Development and Engineering Staff. That said, the project should be deemed INCOMPLETE, retumed to the Developer for resolution prior to any upcoming DRC Meetings. As currently submitted, CASE FLD2022-09025, a submission for the Forte Sands Resort. cannot progress to the CDB for approval! We await your response and resolution, Christine/Chris Michalek, Concemed Citizen Clearwater Point Commodore House 855 Bayway Blvd. # 707 Clearwater Beach, Florida 33767 214-923-6549 Richard DeSantis, Concemed Citizen Clearwater Point Marina House 868 Bayway Blvd., # 116 Clearwater Beach, Florida 33767 P.S. The elements of concem listed above are over -and -beyond the Staff comments presented at the DRC Meeting of March 2'd, 2023. Note: Copies of the thirty-one (31) page comprehensive HISTORY of the property located at the SE Comer of Gulf and Gulfview Boulevards i.e., FLD2022-09025 — 805 Gulfview Boulevard, also 551 Gulf Boulevard, 809 Gulfview Boulevard, has been provided to the noted Clearwater Planning, Development and Engineering Staff who will surely forward to you. In addition, a copy has been provided "for the record" at today's CDB Meeting and I, Christine/Chris Michalek will promptly send a copy. My email is: rudy.chris@icloud.com. 4 'P, i[ '. F NTRt' qty `iA Me f1411.4On Me* eotiaid, Slop agog Col s4iF rites Boos a 1+t ipp� nes {541 ii tom the vd Vom risend01 krwc . of $ 0 WWI, Vivi ! tom CAAG: M 60Otte,ticipold ttWolt1Gftt+Ml 42 rdeesido trill 'vi! C QJ L1Wit 601 101 $04)u . to netleartiniN 1 31 Presentation to Members of the Community Development Council Meeting of April 18, 2023 by Christine/Chris Michalek, Clearwater Point Concerned Citizen 855 Bayway Blvd. # 707, Clearwater Beach, Florida 33767 214-923-6549 HISTORY: SE CORNER GULF AND GULFVIEW BOULEVARDS FORTE SANDS RESORT PROPOSAL Applicant/Contact: Housh Ghovaee, CEO Northside Engineering and/or Attorney Brian Aungst, Jr., CASE: FLD2022-09025 805 S. Gulfview Blvd., Clearwater Beach, Florida 33767 also 551 Gulf Blvd., Clearwater Beach, Florida 33767 809 S. Gulfview Blvd., Clearwater Beach, Florida 33767 1963 — Fisherman's Wharf at 551 Gulf Boulevard opened by Dalip Tzekas: "Dine at Clearwater's finest seafood restaurant overlooking Clearwater Bay and the Gulf of Mexico. The best in fresh seafood served with your favorite cocktails from the Copper Bar Lounge. Phone 446-8956, hours 11:30 am - 10:00 pm" See: August 13, 2020, listing of Engel & Volkers vt'1. Inn WIC 1960s GAS STATION ON NORTH EAST CORNER OF CLEARWATER POINT COMMUNITY 1 1970s — Clearwater Point established with 5 low -rises: Admiral House, Beach House, Gulf House, Island House, Marina House and 4 high-rises: Commodore House, Sailmaster House, Shipmaster House and Yacht House. 1998 - Johnny Leverocks Restaurant — 551 Gulf Boulevard, Closed 2001 — Beach by Design Approved with Eight (8) distinct Character Districts; 1) Old Florida — tourist and north residential Clearwater Beach ... includes specific height, setback rules 2) Destination Resort — uses fronting on the Beach and residential fronting on North Mandalay 3) Marina District — northern CB gateway, waterfront neighborhood pedestrian and boater friending, mix of hotels water related uses, public boardwalk, considers East Shore Drive in certain circumstances, "foster pedestrian waterfront neighborhood." 4) Retail and Restaurant — prime area for commercial development, need for public garage 5) Pier 60 — major public CB area, beautification and Pier 60 Plaza 6) Small Motel District — area for renovations. Only exception Brightwater Drive, new townhomes, timeshares, two to four stories above parking, needs for shared parking facility. 7) Beach Walk — primary beachfront CB desination, South Gulfview promenade (Beach Walk), removes some parking west of Gulfview Blvd. (identified as means to stimulate this section of Beach) 8) Clearwater Pass District — area of strategic revitalization and renovation in response to improving conditions in OTHER AREAS of the Beach. Note: The CLEARWATER PASS CHARACTER DISTRICT, described states the area is: "between south and east of the Adams Mark Hotel between Clearwater Pass and the Bay and west and north of the Sand Key Bridge, an area of strategic revitalization and renovation in response to improving conditions in other areas of the Beach." Unlike others, for the Beach by Design descriptor of the The CLEARWATER PASS CHARACTER DISTRICT does not recognize (acknowledge) CLEARWATER POINT, an established neighborhood and home to 465 families. BEACH BY DESIGN CHARACTER DISTRICTS Six Components of Plan: eight (8) distinct Character Districts; 1) Old Florida — tourist and north residential Clearwater Beach ... includes specific height, setback rules 2) Destination Resort — uses fronting on the Beach and residential fronting on North Mandalay 3) Marina District — northern CB gateway, waterfront neighborhood pedestrian and boater friending, mix of hotels, water related uses, public boardwalk, considers East Shore Drive in certain circumstances, "foster pedestrian waterfront neighborhood." 4) Retail and Restaurant — prime area for commercial development, need for public garage 5) Pier 60 — major public CB area, beautification and Pier 60 Plaza 6) Small Motel District — area for renovations. Only exception Brightwater Drive, new townhomes, timeshares, two to four stories above parking, needs for shared parking facility. 7) Beach Walk — primary beachfront CB desination, South Gulfview promenade (Beach Walk), removes some parking west of Gulfview Blvd. (identified as means to stimulate this section of Beach) 8) Clearwater Pass District — area of strategic revitalization and renovation in response to improving conditions in OTHER AREAS of the Beach. 2 Beach by Desitin 11. c-trar.e.alrr ea.. r..a...r The a Ow rattail, and ret .,f et.r 1ier..a.. 1. tl.iafn.cs arattail,nd the ili..a(rfcf d R... !K. -4,C a ..r wria.cd hi>nh .--,ewse-leon-ssesisasee.. re -.den tee.a ta.a.. :.na r n tgtlR.a.rhaxtd ar ls n e+ "K tctafl uu TS., ea,... . dee of On. 11* tris t • rla r1y nt..a. ahc.c.irpa rhe:. -• aa fat -1.d i tom- aaf' a,tf-.arrel r.arta.nr3 tittle[sslg faelt.r . the • • al ii. of TMtAa-. cmr,rce. -r,w Cte lay r,.anenrra� a e- .+•..,.eve --d tee Rh.' ataltflC aa.da- �,raclia - cKlrrla�:.a ..a. • ,.ale -1 1,r„p.-rsc. anarcl.atrvcl� taa.7..GarrsIsa..63. Thr 1aalanc,= ..f Fli.ta.cls • made up of r tatta31 resrr e.pate. sed•e.v-hrasa. talc n..gh ,.brand nal a . a+i,.-,r,+ h it rc idrslCC4 oecnt nnal red 2005 — Shells Seafood Restaurant — 551 Gulf Boulevard 2009 — Five Five One Restaurant — 551 Gulf Boulevard August 13, 2020 - Engel & Volkers Listing, 551 Gulf Boulevard, Clearwater Beach, Presented by: Kelly Montgomery- kepler , 727 461 1000, 727 515 6887, Owners: Fishermans Wharf Of Clearwater Inc 235 Bayside Dr Clearwater, FL. "We are so excited to strategically position this unique property to reach the perfect buyer who will contribute to the spirit and growth of Clearwater Beach "The property was once home to the iconic Fisherman's Wharf restaurant, opened by Dalip Tzekas, an Albanian - immigrant, in 1963 ... the community for 27 years ... leased to Leverock's Great Seafood, Shells Seafood Restaurant, and Five Five One ... the building was recently demolished in April 2020, leaving the property bare and ready for its next chapter." August 24, 2022 — 805-809 Gulfview Blvd. Applicant/Contact: Housh Ghovaee, CEO and/or Brian Aungst, Jr., Note: See APPENDIX ATTACHMENTS A, B, C, D, pages 26-31 for a clearer copy of this document. LJ } . refs ♦ 'a'- (- _ � � _. 1 -r - - - ) ia_ -- r= ._ - f3S _ P s._w.ta ••••• mew era we.sto OtReI6sAPtr.aa61.lT esr-AMTaa ltaSMT AM. NP -11-.M70 ArtPLtc�w-lrlor '•.. ar. a - < '>t«Ba•., Sl..f.- tia<3 al <i?s(ea- r<i ■) va-laa Orae.. r.! rs-.-r<.a <-rale (s= [,.,tial = t •-<-vr.• `{' _ -....a Y: cosi ta�<�ct rcacaltcac as C= -• - ti arcta <�.ve.. c- Maw. .t1 _1 .... C....cci tu.ac.[at .. _ a ee.. _r Mie < •.�.✓ vM ) Yaa< awaist acaaar.c- .'+craw Ira Man... e_s <v sae s. r.r tra r�MtWalaraawa.a. aaa a I+< iaa.1. {ra-a ar..ea�ceri.r .r.-a�re...sa s wear -o1 ~�'• . R...aa.. 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R.SV .»C t la►E Cost TLa.•1s caw 1j F' IF r-.EO. O -+ort-Yl. s.�c saar.,o tray Co•....a1+c1.u.. E =cr. SS f�.b • vre"+a " e7e8 tLwyw^� O..s�w.�w+t, 1Y i Ya/•1- = Ctia•+ R I.Ytr• 00 ...I r September 26, 2022 — Development Narrative Entered: "THE REQUEST 2 3 The applicant requests Level 2 Flexible Development (FLD) approval to permit the construction 4 of Forte Sands, a 94 -unit resort attached (overnight accommodation) project to be located on 5 Clearwater Pass on Clearwater Beach. This approval is sought pursuant to Clearwater 6 Community Development Code (CDC), Part I, Article 2, Section 2-504 and Part I, Article 4. 7 With flexibility to reduce a portion of the east side setback adjacent to Tennis Courts from 10' to 8 5' to construct ramp and sidewalk." September 30, 2022 — FIRST Accela Public Record Entry: FLD2022-09025: Planning and Development Level One Flexible Standard Development (FLS) and Level Two Flexible Development (FLD) Applications. Note: see entry of August 24, 2022. Entry reads: • Project Name & Description: FORTE SANDS — 805 S. Gulfview Blvd., Clearwater, Florida 33767 • Hide Additional Locations: 551 Gulf Blvd., 809 S. Gulfview Blvd., Clearwater, Florida 33767 • App. a rntc 4nara Lee t raaourv, Offrck ano t- :ct Co‘ inator, side Engineer+.,„ Inc., 300 South Belcher Road, Clearwater, FL, 33765, 727-443-2869, sandy@northsideengineereing.net * • Property Owner Information: Fisherman's Wharf of Clearwater Inc., 235 Bayside Drive, Clearwater, Florida 33767 *Note: Northside Engineering Staff listed on website include: Housh Ghovaee, CEO, Donald B. Fairbairn - P.E., Robin Gage - CADD Professional October 5, 2022 - Tampa Bay Business Journal, By Breanne Williams, Reporter: A 94 -unit luxury condo project proposed for Clearwater Beach, "A condo project is proposed for 551 Gulf Blvd. (Fishermans Wharf of Clearwater) and will be comprised of three buildings, according to city documents - RANDALL STOFFT ARCHITECTS ... The proposed luxury condominiums at 551 Gulf Blvd. in Clearwater Beach are nothing short of impressive. Composed of three buildings, the project is proposed to be built on one of the last vacant parcels in the area. The Community Development Board will be discussing the project in December of 2022 and sales are expected to launch in December of 2023" October 10, 2022 — FLD2022-09025: TRANSER OF DEVELOPMENT 193 Brightwater Drive, Clearwater, Florida, 33767 Sellers: James A. Mikolinski and Elise A Mikolinski with Agent/Attorney Brian Aungst, Jr., Note: See APPENDIX ATTACHMENTS A, B, C, D, pages 26-31 for a clearer copy of this document 4 - - , > f._ - . -.-t.. _ P1_AP PJI J R. [7>vE_OFVAr- ••'EPeJ!EtNf- I?Eat-e.4%e a -r Com^t• { •y -ti -• IRA.N5 FEsat OF UEYELOP 1.11ER1Gli'r5 �.�oaP1...” 421••••.r<wP.�T .....,+..++�rToo wM.T .rw..k.666o. Too.TAO.. Tc.TT.oP. ra�.+o.... A..r-......v rw.w.+c.. r.. ca 11.,••••,6. AkA.t APF't/CATaO..F! 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Ao Ak.L.MG JkOOrtE55- gOi6T.P.. 3_ Akv.�. Er- d23 Zo...1 3v+aL SaAFtr 2Ga.Z':sy..�.-iC�37'Sr— Procawe wlJwwt t w: .C..34:3 Mama,. a- ik+..T.�sl.. i - t r241 -4444m 6,t 3414_- C`!O Y.-ia.-. E- Aa..+-.it.t. J. R C.aIRE SS OF Sri ,tJEGT Pa on ILTY.: PAA CrL Ma*M3.t -f3)_ t E OAkL Cr! SCRIPTIOM: Sl2E OF P9tOPE3TY: ClSfftfl1 VSE OF PROPERTY_ S1n406.e1Srd ScitYktwateg 01arc 01 -2'l -ZS -04932 a70�O1•SO. t7Pt 33 1S O 32 OTTO cilli aw OTT .i , 1+. OTa.a,S-4310-0160 %a•4 £ah.. t ^: SIS .6-C TOT. Q PaO✓r.ya.! AFT ... .++>L OTTOT, Oar; 43ovo. ni l .Oo.ac M:a 6o, I -IOW NtANY O*v+E. LOP aME r4T- RIGreTS AItE ALLOCATED TO TratS SATE? 11033 33tvY.OES ELOrl. EFT IttfORTS.ILRE PiEOP'O630 TO iE TRA.NSFE141.9_07 HAVE LAE VEL GPTSI ENT R.%G M TS PREVIOUSLY BEEN TRA.PCSF E RPM CI TO OR FROtM T14%S 311E 7 ...la,. ...la,. 1 0T .9 r Re t ORyOOLTTOOL• Y- 100 i. 133.3x3 .333 tr. Ota.ar.wiafeF.F3. 3 737. Taint Til-Rt2- tal�.aa�k_ trwr : *TOW 66T.Tor ooTooTT-TT Tors -Tors. Jot. was. c cm • v.., 6.• • lc J ft- o •%0.0.a: rT..TT oar .oe.TTW... eP ...mal. t.. ...-.e *moo o. .. -.T--"--... - >.+e •••...•••••••••,•••...••••••••••...••••••••...•••••••••,,.......�, s^-"-"Y-.�>;t7t-"•.-- - %-....2�=-- ...� o, -..ere.. e•. i. d[--P-�...e:...o. �•• amwea'a *as-.__ -cz. �:r_. _Y/`t . "'i.e.t ..� sx . _...d.,� m+-.1.P-„� �,.a..>< *0 3- eeo•TOT A_......r. --TOO TOW, OTOOTa Mars 0161Tom January 31, 2023 — Accela entry, p21, Planning and Development Department FLS & FLD Application entered into Accela Applicant/Primary Agent noted as Hoosh Ghovaee, CEO land/or Brian Aunqst, Jr., Esquire). Note: See APPENDIX ATTACHMENTS A, B, C, D, pages 26 to 31 for a clearer copy of this document. 5 January 23, 2023 — Entered into Accela, Robert Pergolizzi Letter to House Ghavee, Northside Engineering Inc., cc: Brian Aungst,Jr., and John Farina from, re: Forte Sands, 805-809 S. Gulfview: "no need to submit a traffic study." Note: See APPENDIX ATTACHMENTS A, B, C, D, pages 26 to 31 for a clearer copy of this document. C;;ultF Coatlit ,�atnsutrsg� e-_ t»«riot.rtt r..t CoolvFtiaR- ' ""‘..r.V1111, ion.-i.o - -art. osi•5rtataan - ec.-r.itttiss I 066 7.00 t- trzs> tar afar - S an t..sry 2i. 2.02a Mr tioush til•c'.v.aee rs rr_ts4Yte• *,t ftTU t t tssida tittitic"..ft g_ non 5_ fle ct,er tioad G ts is ter. Ft. 33765 "iris ta email- t.a.ast. E$_l.4a thi,rrte ain'e-ee int:, r2f-_i iortw-Ssrs elks IResort At to cicd ETwN1 trtC,s Cos—axis, s- 6 el f•atarv.r c ..ra. Ctcarwatwr B.eaat5 Tra.ttic Assessment to tsa.2C>a-C O> 5) 3Ftis Taafne assessment is bCtn6 neenar.t Cl for the nr'os.ose'•V ro-ate of ttss iorrr,Cr te%re.rCC/cs restaurant site with a nt-w address or 905 -SOS. 5_ GuttsMeW Stud wit let, is in slits too nisi Cr) r.>nlnrz: CDS. r&Ct_ Ttte ratistir,g site Is asoftssi siva is proposect to Lift r¢deve lopee] it t-. nlnety-000 (9Y) ""irtiftsisir. Attae•3.ad OwcttsngS"- The rs-usf of Site site as Resp -rt list actsese d.+c•etrirlg2 Ss. a netm itted use in Site Tourist (T) district_ .fao 9i-ejw-eIlins unH praject v.IOutd Sencrnte only 414 daitV trips. oT tsrh lett S4 triga* wOVtqoi occur iOvri.s3 tate AM pca4 F.oaar sand 35 trips watattt occur earls -is; ttsa VM fl. eIc k.our_ l-asCftr pts frorrt ITE Trip a e atir>a>Caltion are amt acted_ Cc -c Section a-904 of 51st- Carnr.t..nity beveiaptncnt Cc -tie ^neoetoS.rn essi Pr jests that Ser+erate less t/sa as 51 Pta+ic tsoaar Sr.ns sirs refltiircd to new a rrsuttie-rr►cfstai irrtpact fax. Fre accordanr:e with SCCtbIra 9 -90 S.. Ttt¢y a rant rep ut roc- et to subm Is w tr.aIra sFaortattoe+ m wars apee.nmervtt plan or traffic study_" 1%-a- c. to ttse prof c sossaatti iae Itorn Site low vc ta.rrttx teamster. or S. G,.tfetew Ettw.d *het is cast of RS, Se:r.t! Kay B raise (CuiT Rhost_) heeual as -a, a detailed traftce analysis is NOT reras.irelt Baer alts code sInc,cElse F.ro)occt traffic gerteerati-an rs tantty 3s icv,,9 peal,. Kau -r trips wlsieis is a rot nor S-tnccre-fy- Octan. S Saflot.c-a4. AfCC U PrfnGi;..at noha Ca:rlr,.a Poise st Z3-05.8 February 8, 2023 - FLD2022-09025: (note: 551 Boulevard) Letter of Completeness sent by Mark Parry, Sr. Planner regafding the March 2, 2022 scheduling of Staff Development Review Committee Meeting (DRC) Note: Letter is sent to Applicant Sandra Lee Bradbury, Office Manager and Project Coordinator. Northside Engineering. Inc., 300 South Belcher Road, Clearwater, FL, 33765, and not to: Applicant/Primary Agent noted as Hoosh Ghovaee, CEO (and/or Brian Aunast. Jr., Esquire. i`i-,#.1. . f -c. a.� .@i i-�# ,�ifi tit sr. ,,.xw..ni• 1St Y.tnt.. ttSis- ..stl,tti. t..r..a., .r. Fi, w..n•{t�it, T,...-... ..,r.cin- February 8. 2023 SANDRA LEE BRADBURY 300 SOUTH BELCHER ROAD CLEARWATER. FL 33765 VtA EMAIL Sandyc@northsideengineenng.Itet RE ELO2022.09025 — 551 GULF BLVD-- Letter of Completeness Dear SANDRA LEE BRAD©URY The Planning and Development staff has entered your application into the Department's filing system and assigned the case number: FL02022-09025. After a preliminary review of the submitted documents. staff has determined that the application is complete. The Development Review Committee (CRC) will review the application for sufficiency on March 2. 2023. in a hybrid meeting held through ZOOM and in the Municipal Services Building Room 130- The building is located at 100 South Myrtle Avenue in downtown Clearwater. You will be contacted by the Planning Department's Administrative Assistant approximately the Monday prior to the meeting with the ZOOM link. the scheduled meeting time. and the comments for your rase- You or your representative {as applicable) must be present to answer any questions that the DRC may have regarding your application. Additional comments may be generated by the DRC at the time of the meeting. if you have any questions. please do not hesitate to contact me at 727-562-4741 or mark parry @myctearwater.con-i Sincerely yours, Mark Parry Senior Planner Kerwln.StAkde IramoircUArrue Ky$e_V aug ha n Thea French 4404..,ariao, e.a.r Loaf Gus lord' enot shoberg K *ow aware AK's iphon•rd pyo}& t AX's *hone ; ate,.1a w®.r. Keith Hatton - A... Art.Kad.r .nn-ai.. Sandra Bradbury March 2, 2023 — STAFF DEVELOPMENT REVIEW COMMITTEE MEETING VIA ZOOM (start 10:50 AM) Meeting List of Participants (alpha order): Omar Atallah, Brian Aungst, Jr., Sandra Bradbury, Ellen Crandall, Richard DeSantis — Clearwater Point Neighbor, Ivan Dimikov, John Farina, Thea French, Housh Ghovaee, Keith Hatten, Gus Jordi, Art Kader, Christine/Chris Michalek- Clearwater Point Neighbor, Mark Parry -Sr. Planner, Robert Pergolizzi, Kervin St. Aimie, Elliot Shoberg, Randall Strofft, Carlos Unides, Mike Vacca, Kyle Vaughn. Also AK, Enrique, others ? DRC Case #1 FLD2022-09025: 805 S GULFVIEW BLVD, CLEARWATER, FLORIDA 33767 (FORTE SANDS RESORT Note: The DRC Process offers affords Developers a chance to present their plan, and answer questions from the Staff. No other attendees or concerned citizens can answer questions. Planning - Flexible Development - Record Status: In Review: Attachments 23 pages, start 12/22 Located Southeast Corner of Gulf Blvd and South Gulfview Blvd Properties: 805 S. Gulfview Blvd, Clearwater FL 33767 «Hide Additional Locations: 551 Gulf Blvd, Clearwater FL 33767, 809 809 S Gulfview Blvd, Clearwater FL 33767 Case number: FLD2022-09025 -- 805 S GULFVIEW BLVD Owner(s): Fishermans Wharf Of Clearwater Inc 235 Bayside Dr Clearwater, FL 33767-2504 PHONE: No phone, Fax: No fax, Email: No email Applicant: Sandra Bradbury 300 South Belcher Road Clearwater, FL 33765 PHONE: (727) 443-2869, Fax: (727) 446-8036, Email: Sandy@northsideengineerinq.Net - Proposed Use: Resort Attached Dwellings (Note — See Entry of August 24, 2022 - Applicant: Sandra Bradbury/Housh Ghovaee, CEO of Northside Engineering (Engineering Consultant Firm) 300 S. Belcher Road, Clearwater, Florida 33765, 727-443-2869) Request: The Community Development Board is reviewing a proposed 91 -unit resort attached dwellings in the Tourist (T) District and Clearwater Pass Character District of Beach by Design for the property located at 551 Gulf Boulevard. The project is 100 feet in height (from DFE), includes a minimum of 137 off-street parking spaces and requests allowable flexibility from setbacks and height requirements Community Development Code Section 2-803.L); and a Transfer of Development Rights (one dwelling unit from 830 Bayway Boulevard and four dwelling units from 193 Brightwater Drive) (CDC Section 4-1403) - Proposed Use: Resort Attached Dwellings ... Assigned Planner: Mark Parry, Senior Planne 7 •aVsl tie U - S Q 4. .tT v�t•W 9\vd Fisher man's Wharf of Clearwater Randall Stofft and John Cooney Architects — Offices in Delray, Naples, Sarasota • Determination of Completeness Harbor Master Review .0' 1 Fire Review le ► Stormwater Review 0 Planning Review If 0 Engineering Review 0 Environmental Review I 0 Traffic Eng Review 0 Solid Waste Review le 0 Parks and Rec Review le ► Land Resource Review I Public Utilities Review I ► Route to Meeting 0 Development Review Committee Awaiting Re -Submittal Community Development Board Development Order - Total Fees Paid - $1405.00 8 The DRC reviewed this application with multiple pages 30-37 of Staff Comments: Determination of Completeness Complete 02/08/2023 Parry Parks and Rec Review No Comments 02/11/2023 Kader Stormwater Review Comments 02/15/2023 Dimitrov Engineering Review Comments 02/16/2023 Vaughan Environmental Review Comments 02/17/2023 Kessler Traffic Eng Review Comments 02/17/2023 Jordi Land Resource Review Comments 02/21/2023 Quinzi Fire Review Comments 02/21/2023 Hatten Note: As regards to compliance with Beach by Design requirements, at the March 3rd DRC Meeting, Developer Applicant/Contact: Housh Ghovaee, CaEU antlior titian Aungst, .ir., referenced that another Clearwater Point project had been approved by the Community Development Board, i.e., the Chart House at 850 Bayway Blvd. The reference appeared to imply that a PRECEDENT had been set, allowing for certain liberties, i.e., no need to follow height and walling off, and Beach by Design directives. As regards to height, Mr. Ghovaee mentioned that Clearwater Point already had 9 story high-rises, allowing for his project to be approved. In fact, and to be noted, the proposed Forte Sands abuts a body of water, i.e., the intercoastal Clearwater Bay, posing environmental concerns. Clearwater Point's four (4) 9 -story condos of Clearwater no NOT! Those condos are land locked. DRC Case #2 — TDR2022-10001- Yacht Club 830 BAYWAY BLVD, pages 38&39 Properties: 830 Bayway Blvd, Clearwater FL 33767 «Hide Additional Locations 551 Gulf Blvd, Clearwater FL 33767 Case number: TDR2022-10001 -- 830 BAYWAY BLVD Owner(s): Clearwater Yacht Club Inc 830 Bayway Blvd Clearwater, FL 33767-2613 PHONE: (727) 411-8966, Fax: No fax, Email: No email Applicant: Brian Aungst 625 Court Street Clearwater, FL 33767 PHONE: No phone, Fax: No fax, Email: Bja@macfar.Com Representative: Brian Aungst 625 Court Street Clearwater, FL 33767 PHONE: No phone, Fax: No fax, Email: Bja@macfar.Com Location: 830 Bayway Boulevard; located on the north side of Bayway Boulevard approximately 90 feet east of Gulf Boulevard. Request: The Community Development Board is reviewing a proposed Transfer of Development Rights (one dwelling unit from 830 Bayway Boulevard (CDC Section 4-1403). Proposed Use: Social and Community Centers ... Assigned Planner: Mark Parry, Senior Planner 9 DRC Case #3 — TDR2022-10002 -- 193 BRIGHTWATER DR, Owners: James & Elise Mikolinski, p40 Properties: 193 Brightwater Dr, Clearwater FL 33767 «Hide Additional Locations 199 Brightwater Dr, Clearwater FL 33767 201 Brightwater Dr, Clearwater FL 33767 551 Gulf Blvd, Clearwater FL 33767 BRIGHTWATER TDRs - Case number: TDR2022-10002 -- 193 BRIGHTWATER DR Owner(s): James & Elise Mikolinski 625 Court Street Suite 200 Clearwater, FL 33756, i.e., Macfarlane Ferguson & McMullen, PHONE: (727) 441-8966, Fax: No fax, Email: No email Applicant: Brian Aungst 625 Court Street Suite 200 Clearwater, FL 33756, i.e., Macfarlane Ferguson & McMullen PHONE: No phone, Fax: No fax, Email: Bja@macfar.Com Representative: Brian Aungst 625 Court Street Suite 200 Clearwater, FL 33756 PHONE: No phone, Fax: No fax, Email: Bja@macfar.Com Location: 193 Brightwater Drive located on the south side of Brightwater Drive at the western terminus of Brightwater Drive (TDR sending site Lot 2). Atlas Page: 276A Zoning District: Tourist Request: Request: The Community Development Board is reviewing a proposed Transfer of Development Rights (four dwelling unit from 193 Brightwater Drive (CDC Section 4- 1403). Proposed Use: Attached Dwellings, Mark Parry, Senior Planner ® CC '" l N EiR- s - 1 T- ..no 2 om. �*a Fro.n SI, .ts,1' "J f La(S&4114Yf S3v 4C-5li7ji126S 727.204.B1391 March 3, 2023, 8:28 AM — Email to Ellen Crandall from Christine/Chris Michalek with Ms. Crandall's response Good Morning,Ellen ... As you noticed, I along with Richard De Santis both Clearwater Point residents "listened in" to yesterday's Zoom regarding the property on the SE corner of Gulf and Gulfview. After the call, I spoke to some of the Clearwater Point Association Presidents who had inquired about this property earlier. I became aware that none of them were made aware of yesterday's Zoom In my and Richard's case, we are active members of the Clearwater Neighborhood Coalition, hence receive information through the CNC. I have three questions, please ... 1) Can you apprise WHO received the information of this Zoom? 2) Looking to April and a possible "vote" by the CDB on this project ... WHO will receive notification? 3)For #2, i.e,. recipients of the notification ... as the CDB Meeting (I believe) would be on Tuesday, April 18th at 1:00pm ... WHEN will "affected" persons be informed? Response from Ms. Crandall: Good morning, The applicant for the project at 805 S. Gulfview conveyed they intend to resubmit to return to a DRC meeting prior to moving forward to the Community Development Board. At this time it is anticipated they would return to the Thursday May 4 DRC meeting. Typically the agenda for DRC would be finalized and communicated the Monday prior, which would be Monday May 1st. That is typically when the email notification would also go out.lf you signed up now, you will receive notices before that one, but it can be helpful to know what you are looking for and the anticipated timing.) hope this is helpful. 10 March 3, 2023 - Email to Mark Parry from Christine/Chris Michalek regarding: 1) TDR or Sale of Units Process and 2) request for project drawing. Response and drawing received. Note: Plot received. March 4, 2023 - Email sent by Richard DeSantis, 868 Bayway Blvd., Clearwater Point Resident/Concemed Citizen to Mark Parry, Sr. Planner RE: Entrance to Complex Dear Mr. Parry, March 15, 2023 — Email sent by Richard DeSantis, Clearwater Point Resident/Concerned Citizen to Omar Atallah, City of Clearwater Traffic Engine Note: cc: Ellen Crandall Being a resident of Clearwater Point, I attended the March 2nd DRC Meeting. I noted that there was extensive discussion regarding the turn -in to the proposed development from the Gulf / Gulfview Blvd intersection. The City's own experts expressed safety concerns over the proposed driveway design. The driveway is too close to the busy intersection, giving drivers little or no time to react to vehicle and pedestrian activity. The nearby intersection is an accident waiting to happen, with Sand Key Bridge traffic not being required to STOP and a THREE WAY STOP in the other directions. I have personally witnessed a bicyclist being hit by a vehicle while trying to cross the intersection. In addition, there was a serious accident involving a vehicle collision with the outside concrete patio at the corner restaurant. I have gone on the City website several times recommending a traffic signal be installed. The DRC needs to review this application to make sure that, once again, the concerns of Clearwater citizens are not ignored. March 6, 2023 — Response to Richard DeSantis, from Mark Parry, Sr. Planner: "Richarl have forwarded your email to Omar in Traffic." Mark March 13, 2023, 8am — Accela Public Access Case FLD2022-09025, Address 805 S. Gulfview — No Entries regarding re -submit to DRC with changes, corrections, modifications. Note: Email to Mark Parry, cc: Ellen Crandall re: "promise by project principals Housh Ghovaee, Northside Engineering Inc., CEO or Brian Aungst, Jr., Attorney -Agent that required changes would be submitted by Friday, March 10th" plan to move to set on CDB Agenda in April, 2023?" March 13, 2023 - Letter sent to Pinellas County Board of Realtors/PRO from Christine/Chris Michalek: Subject: Appropriateness of Transfer/Sale of Four Dwelling Units with Same Agent of Record: "transfer/sale of 4 units ... Per 11 public record, both property Sellers at 193 Brightwater Drive: James A. & Elise A. Mikolinski and property Purchaser, Fishermans Wharf, Inc., of Clearwater at 235 Bayside are represented by the same Agent as Jr.. Attorney. Both Seller and Purchaser list contact information as Aungst's law firm, i.e., Macfarlane Ferguson & McMullen at 625 Court St. Suite 200, Clearwater, Florida, 33756." Three public documents attached. March 13, 2023 — Letter sent to Florida Bar Association: Consumer Protection Division from Christine/Chris Michalek: Subject: Appropriateness of Transfer/Sale of Four Dwelling Units with Same Agent of Record: "transfer/sale of 4 units ... Per public record, both property Sellers at 193 Brightwater Drive: James A. & Elise A. Mikolinski and property Purchaser, Fishermans Wharf, Inc., of Clearwater at 235 Bayside are represented by the same Agent ..e., Brian Aungst, Jr., Attorney To Whom It May Concern Subject: Time Sensitive Response Request - Re: Appropriateness of Transfer/Sale of Four Dwelling Units with Same Agent of Record: Re: Case FDL2022-09025 - TDR2022-10002: Clearwater Community Development Board: Transfer of Development Rights four (4) dwelling units from one Clearwater, Florida property to another (CDC Section 4- 1403) To Whom It May Concern: I am writing to get an opinion regarding a present-day transaction that involves transfer/sale of four (4) dwelling units from one Clearwater Beach property: 193 Brightwater Drive, 33767 to another property: 805 S. Gulfview Boulevard.* A developer is seeking approval from the Clearwater Development Board to build a 91 unit resort property that includes purchasing four (4) dwelling units. My question is this: Can a property Seller and property Purchaser have the same Agent? I ask since throughout, I have always been advised that to protect the rights of both a Seller and Purchaser it is best for each to have a personal Agent representing them. Re: transfer/sale of 4 units ... Per public record, both property Sellers at 193 Brightwater Drive: James A & Elise A. Mikolinski and property Purchaser, Fishermans Wharf, Inc., of Clearwater at 235 Bayside are represented by the same Agent i.e., Brian Aungst, Jr., Attorney. Both Seller and Purchaser list contact information as Aungst's law firm, i.e., Macfarlane Ferguson & McMullen at 625 Court St. Suite 200, Clearwater, Florida, 33756. Public records show that Realtor Engel & Volkers has a 25M Pending Contract on the parcel of land at 805 S. Gulfview. I sense the Buyer, Fishermans Wharf, Inc., with primary contact (see attachment A) being Housh Ghovaee (and/or Brian Aungst, Jr.,) is eager to acquire more dwelling units from Mr. and Mrs. Mikolinski which increases project profitability. Since Attorney Brian Aungst Jr., also represents the Mikolinskis what comes to mind is: Recognizing the leverage that the Mikolinskis have in transferring/selling their four (4) units to Fishermans Wharf, Inc., and the potential of a resulting (possibly beyond market price) price, how can Mr. Aungst represent them fully and equitably? A second question that I believe requires an answer is: As Brian Aunqst Jr., Agent/Attorney, represents both Seller and Purchaser. does this constitute a Conflict of Interest? I respectfully request your expertise in the matter, Christine/Chris Michalek ... A Concerned Clearwater Point Cit en *Note: Purchaser property includes two additional addresses: 809 S. Gulfview, 33767 and 551 Golf Blvd., 33767. Attachment A: Public Record —August 24, 2022 - FLD2022-09025: Planning and Development Level One Flexible Standard Development (FLS) and Level Two Flexible Development (FLD) Applications, Property Owner (per Deed) Fisherman's Wharf of Clearwater, Inc., John M. Farina and Applicant/Primary :,ontact ivame. Northside Housh tihovaee, CEO Northside Engineering, inc., (and/or) Brian Aungst, Jr., Esquire. Note: 2nd Entry on 1/17/23 and Update on 1/31/23 with same documents. Attachment B: Public Record — October 10, 2022: Clearwater Planning and Development Transfer of Development Rights listing an Aungst, .1r as Agent/P of James A. and Elise A Mikolinski and including the address of Mr. Aungst's law firm Macfarlane Ferguson & McMullen at 625 Court St. Suite 200, Clearwater, Florida 33756. Attachment C: Public Record — January 23, 2023: Letter to House Ghovaee, Northside Engineering, Inc., with copy to Brian Aungst Jr., from Robert Perolizzi stating: "no need to submit a Traffic Study for 805-809 S. Gulfview Blvd., 33767 PDF 3.13.23 A - BA 3.13.23B - BA 3.13.23 C - BA Jr., Agent for Unit Pur Jr., Agent for Unit Sell Jr., Agent to Unit Purc 12 Note: Response received from Pinellas County Board of Realtors: "contact Commercial Board of Realtors." Response received from Florida Bar Association: "Someone from the Real Property Probate Law Section may be able to answer your questions at these links: https://www.floridabar.org/about/section/section-rp-mbrs/ or https://www.floridabarorg/about/section/section-RP/ Response received: "The Florida Bar acknowledges receipt of your correspondence dated March 13, 2023. We cannot offer you legal advice in this matter. You may wish to consult a private attorney.Thanks. Rick Courtemanche, Deputy General Counsel, The Florida Bar, 651 East Jefferson Street. Tallahassee, FL 32399-2300, 850-561-5788 (Direct),800-342-8060 Ext. 5788 rcourtemanche@floridabar. org. March 15, 2023 — Email sent by Richard DeSantis, Clearwater Point Resident/Concemed Citizen to Omar Atallah, City of Clearwater Traffic Engineer, cc: Mark Parry and Ellen Crandall: "RE: Property at SE Corner of Gulf Blvd and Gulfview Blvd - Mr. Atallah, Just a brief note to follow up on my March 4th email and Mark Parry's March 6th response. Please advise if you have had an opportunity to review the situation and your conclusions. Thank you." March 16, 2023 — Email response fomr Omar Atallah to Richard DeSantis: "Mr.DeSantis, The intersection was investigated with recommended interim improvement implemented by Traffic Engineering. Interim improvements are shown here. Note: The "interim improvements" include (as the Developer suggested) to POST MORE SIGNS. • Interim Improvements �:fxiR^�' F`111e�s r� Replace existing 36" Yield sign on SB Gulf Blvd with 48" Yield sign and add solar red flashing beacon assembly Gulfview Blvd Replace existing "ALL STREETS ON BEACH 25/MPH" sign with intersection warning sign (W2-1) advisory street name sign and advisory speed plaque showing 15 MPH (W13 -1P) Cle Pante • Install 25 MPH speed limit sign with "ALL STREETS" plaque approximately 350' from intersectio NB Bridge approach 13 March 16, 2023 - Email sent by Richard DeSantis, Clearwater Point Resident/Concemed Citizen to Omar Atallah, City of Clearwater Traffic Engineer, cc: Mark Parry and Ellen Crandall Mr. Atallah, Thank you for your prompt response to my March 15th inquiry. However, neither the Mead & Hunt Technical Memorandum nor the recommended interim improvements that were implemented address the issues related to the proposed driveway into the new complex. I noted in my earlier email that there was extensive discussion at the March 2nd DRC meeting regarua<< ii„ torr;-ai to the propo. develo, sent from the Gulf / Gulfview Blvd intersection. During the meeting you expressed safety concerns over the proposed driveway design. The driveway is too close to the busy intersection, givinq drivers little or no time to react to vehicle, pedestrian and bicycle activity. One possible solution is to have the turn -in from South Gutfview on South Shore Blvd going around the complex on the west side. Any new plans should be made available to the public. Please have the developer address the design of the entry drive in to the proposed development prior to referring the matter to the CDB. Regards, Richard DeSantis March 16, 2023 — Email sent by Omar Atallah to Richard DeSantis., Mr. Richard DeSantis The Department of Traffic Engineering will be reviewing upcoming submission as normally done to be in line with the set guidelines. My plan is to micro simulate the new development access with nearby intersection to further access any potential impacts. This will be further discussed at a future meeting with the developer designer. Regards, Omar Atallah March 17, 2023 — Email response from Ellen Crandall to Christine/Chris Michalek, Clearwater Point Resident and Concemed Citizen cc: Marie Parry, Gina Clayton RE: Questions to Ms. Crandall: 1) When will Applicant of project at SE Corner of Gulf and Gulfview Blvds., resubmit and 2) how to neighbor gel information about the next Staff DRC and CDB Meetings: Good morning, The applicant for the project at 805 S. Gulfview conveyed they intend to resubmit to return to a DRC meeting prior to moving forward to the Community Development Board. At this time it is anticipated they would return to the Thursday May 4 DRC meeting. Typically the agenda for DRC would be finalized and communicated the Monday prior, which would be Monday May 1SL. That is typically when the email notification would also go out. If you signed up now, (for myclearwater.com) you will receive notices before that one, but it can be helpful to know what you are looking for and the anticipated timing. I hope this is helpful. 14 More from Ms. Crandall on notification to neighbors, sent earlier 1) Can you apprise WHO received the information of this Zoom? The DRC applicants and DRC members are emailed the ZOOM link. Security concerns prevent the ZOOM link from being posted. The DRC Zoom meeting is also held in person in MSB Room 130 to be open to the public attending. The DRC agenda is posted on the city website and an email notification is sent when the DRC agenda is posted to citizens who signed up to receive such alerts. (this was email blast was sent Monday February 27. 2) Looking to April and a possible "vote" by the CDB on this project ... WHO will receive notification? The case you are referencing is a level two Flexible Development application. As per CDC Section 4-206.C.2.a. the city will provide notice by mail for level two case to property owners record of any land within a 200 -foot radius of the perimeter boundaries of the subject property. 3) For #2, i.e,. recipients of the notification ... as the CDB Meeting (I believe) would be on Tuesday, April 18th at 1:00pm ... 3. WHEN will "affected" persons be informed? As per CDC Section 4-206.C.2.a. the level two case will send notice no less than ten days prior to the review of the application before the community development board. March 20, 2023 — Report form Richard De antis to Clearwater Neighbors after walk and review of ---,lefty on SE Corner of Gaff and Gcrlfview Blvds: A gas station existed earlier on the lot at the NW corner of 805 Gulfview Blvd/Gulf Blvd. Walking the site today, I counted 11 monitoring well caps. (see photo). The RCRA (Resource Conservation Recovery Act) regulates different types of waste materials and there should be a record of "clean bill of health." (The Superfund was established by SARA (Superfund Amendments Reauthorization Act). SARA amended CERCLA (Comprehensive Environmental Response, Compensation and Liability Act). CERCLA was in direct response to the environmental disaster at the Love Canal, Niagara Falls, NY site. F Both SARA and CERCLA are enforced by the EPA. (photo attached) March 21, 2023 — At Community Development Board (CDB( Meeting, Ms. Ellen Crandall, made a special request, i.e., that the regularly scheduled May 2023, i.e., the 3'" Tuesday of each month. The normally scheduled CDB date of Tuesday, May 16"', would be changed to Wednesday, May 10th. Prior and on Thursday, May 4th, a Staff Development Review Committee (DRC) Meeting would be held to review CASE: FL r""" "91025 ?05 S. Gulfv Note: In reviewing the 2021-2023 scheduled CDB Meetings, there is no change to the regularly scheduled CDB Meetings, i.e., the 3rd Tuesday of each Month. The only change was in 2021 as the City Council election was held on March 16th, hence the CDB Meeting was moved to March 18tr March 23, 2023 — Identical letter to Florida Gulfcoast Commercial Association of Realtors. with two questions: 1) Can a property Seller and property Purchaser have the same Agent? and 2) As Brian Aunqst Jr. A' Iresents both S nd F chaserconstitute a Conflict of Inter as sent earlier to Pinellas Realtor Organization is forwarded to the Florida Gulfcoast Commercial Association of Realtors. Question is on Appropriateness of Transfer/Sale of Four Dwelling Units with Same Agent of Record (BRIAN AUNGST, JR.) - Case FDL2022-09025 - TDR2022-10002: Clearwater Community Development Board. The inquiry questions: "Since Attorney Brian Aungst Jr., also represents the Mikolinskis what comes to mind is: Recognizing the leverage that the Mikolinskis have in transferring/selling their four (4) units to Fishermans Wharf, Inc., and the potential of a resulting (possibly beyond market price) price, how can Mr. Aungst represent them fully and equitably?" Note: No response to date. 15 March 24 2023 — Email sent to Craig Pittman, former Times staffer. regarding his January 6, 2018 article Florida 19,000 ►dergrounr reum Tanks alt Groio Pet 21149 rarrr:P., (.cats s. alfw Sc•attcsrel ne r-o.c. 'Florida arr t _ .eioo etei drrgtonnei petrolru to storage. tante.; that arc- no Io,sgc-r in ,ts. and :nay Ise Icakits,K into the aci,>itc-r. time, state-'ee driedeiaK c. -at rc-su}>ply. :hate rreorcis ..c1ttnv that ?,38 of tit, n re I,- in pi>srllaet {*errant}-, ?t1 t ir> i 1lll.:i,.n,-.s uz�h tt,ntncl fit iri 1 it-:-:>,+>, c/... J Good Moming Mr. Pittman ... To begin, I hope that you and yours remain safe and healthy. Then, this is in regards to your earlier 1/6/18 article regarding 19,000 underground petroleum storage tanks (below) which I came across when researching the history of an gas station that existed years ago in our neighborhood. Here on Clearwater Point, (Clearwater Beach, FL) home for 465 families, were monitoring a recent development proposal, CASE: FLD2022- 09025: Addresses of. 805 S. Gulfview Blvd., 551 Gulf Blvd., 809 S. Gulfview Blvd., Clearwater Beach, Florida 33767 (Pinellas County) and formally Fisherman's Wharf, Leverocks, Shells, Five Five One. This project will "cover" the entire parcel. We have a good understanding of the restaurants that existed on that corner, i.e., at the far South End abutting Clearwater Bay; however, do not have the facts regarding an earlier North facing gas station that was on that lot (sketch attached) Specifically, as regards to the gas station, we are aware that due to underground tanks, possibly contamination of the site, any new construction could not take place for a designated tine. This weekend we walked the site and counted 11 monitoring well caps. We believe that a me srium was place .cure development If this is true and the moratorium is now "lifted," should there not be a certificate, i,e., paperwork that provides documentation that the site now has a "clean bill of health?" Mr. Craig ... based on your January , 2018 article, we are respectfully asking your assistance in answering the following three questions re: 1) in your research, is the property shown (addresses of: 805 S. Gulfview Blvd., 551 Gulf Blvd., 809 S. Gulfview Blvd. Clearwater Beach, Florida 33767) listed as one of the 738 Pinellas County sites being monitored by the EPA; Continuing to 16 continuing to craig pitman Do you have any information on whether this site was put on "moratorium" regarding construction - and - if yes, what was the timeline for this "moratorium;" and 3) if you are unable to answer question #2, can you please provide contact information for EPA's Lauran Engel who you mention in your article With appreciation for what you do and will continue to do, Christine/Chris Michalek, Clearwater Point Resident and Concerned Citizen Note: In the Staff DRC Review and on 2/17/23, Sarah Kessler, City Environmental Specialist, makes no reference to any ENVIRONMENTAL, most especially as to the proposed site once had a GAS STATION. Ms. Kessler's only comments on any environmental concerns states: "Provide erosion control measures on plan sheet and provide notes detailing erosion control methods. No light shall be visible or extend in areas identified as Sea Turtle Nesting Areas during the nesting season (May 1 to October 31). Those areas where security and public safety require lighting, alternative light management approaches shall be applied. Provide evidence of sea turtle -friendly lighting in accordance with City code and state laws. Additional information is found on Florida Fish and Wildlife Conservation Commission's website including specific lighting guidelines (http://myfwc.com/media/418417/SeaTurtle_LightingGuidelines.pdf). March 24 2023 — Response from Craig Pittman regarding his article Florida 19,000 Underground Petroleum Tanks Hi. Glad you found my story from 2018. I hope it helped. 1 cant answer your first two questions because 1) that was five years ago and 2) I was laid off by the Times in 2020 so I no longer have access to those files. As for No. 3: Lauren Engel worked for the state Department of Environmental Protection, not the EPA. She hasn't worked there since 2019, according to her Linkedin profile: https://www.linkedin.com/in/lauren- enge1-77a97112/ Here's a link for the current DEP communications employees: https://floridadep.gov/comm/comrn/content/office-communications-contacts. Cheers, Craig Pitman, craigtimes@gmail.com; http://www.craigpittman.com/, Welcome to Florida" podcast: https://vwvw.buzzsprout.com/1169570 March 31, 2023 — Updated Renderings Added to Accela Public Access 17 March 31 2023 — LINKEDIN Attempt to contact Lauren Engel, Account Manager, State of Florida, Government and Public Sector, Tallahassee with message: "Ms. Engle: The Underground Storage Tanks article by Craig Pittman of 1/6/18 referred you. A developer is proposing condos on former gas station with 11 visible well caps. We believe moratorium precludes build. RE: your prior work, please: 1) is the property, addresses: 805 S. Gulfview, 551 Gulf, 809 S. Gulfview, (Blvds) 33767,1 of the 738 Pinellas County sites monitored by EPA ? 2) is this site still on "moratorium" for construction? 3) who is contact for certification that site k; "safe," construction is OK? Christine/Chris Michalek, rudy.chris@icloud.com." Note: no response April 11, 2023 — Email to Omar Atallah and Gus Jordi RE: COMMUNITY SAFETY: Dangerous Entrance and Exit of Proposed Forte Sands — CASE FLD2022-0925: 805 Gulfview, 33767, cc: Ellen Crandall, Mark Parry, Richard DeSantis Good Morning Mr. Atallah and Mr. Gordi .. Re: CASE: FLD2022-09025, 805 S. Gulfview Blvd., 33767, i.e., the SE CORNER GULF AND GULFVIEW BOULEVARDS, Clearwater Beach, the proposed FORTE SANDS RESORT PROPOSAL by Applicant/Contact: Housh Ghovaee, CEO and/or Brian Aungst, Jr., This is to follow up on a recent suggestion to ensure the safety of the residents, neighbors and visitors to Clearwater Point. As both of you noted during the DRC March 3rd call, there was an expressed concern for COMMUNITY SAFETY as the proposed entrance/exit into the Forte Sands complex is dangerous! As our neighbor Richard DeSantis wrote: "an accident waiting to happen" since "the driveway is too close to the busy intersection of Gulfview and Gulf Boulevards giving drivers Iittle or no time to react to vehicle, pedestrian and bicycle activity." Mr. Atallah, you wrote that "Interim improvements" were shown and which included the Developer's solution, "install more signage." Following up with you, Mr. DeSantis wrote: "One possible solution is to have the turn -in from South Gulfview on South Shore Blvd going a Jnd the corr Mr. Atallah, your response was: "My plan is to micro simulate the new development access with nearby intersection to further access any potential impacts. This will be further discussed at a future meeting with the developer designer." Mr. Atallah, Mr.Jordi ... what is the status of your conversations with the Developer to correct this situation? Also, has your "micro simulation" been completed? If "yes," would you please send us a copy. 18 In closing, please accept the below (somewhat crude) visual of the recommendation that was provided by Mr. DeSantis, i.e., move the Forte Sands, entrance and exit a bit further East from the intersection of Gulfview and Gutf Boulevards and utilize South Shore Drive for the Forte Sands entrance and exit. We look forward to hearing from you. Sincerely, Christine/Chris Michalek ... C.► a �owwrr�ia. o[z.rc R v i_ .=. ---11E. LIYOKI'E (S�r WMA iss (:w—) See APPENDIX ATTACHMENTS A, B, C, D, pages 26 to 31 for a clearer copy of this document. Apri112, 2023— Photos of busy, congested traffic at area in question of Forte Sands sent to Omar Atallah and Gus Jordi RE: CASE FLD2022-0925: 805 Gulfview, 33767, cc: Ellen Crandall, Mark Parry, Richard DeSantis Good morning, Mr. Atallah and Mr. Jordi ... This is a follow-up to yesterdays email re: the dangerous, congested traffic area surrounding the proposed Forte Sands Resort. I'm providing a few photos (below) as documentation of the on-going, ever increasing traffic debacle in the area, the intersections of Gutf Blvd. and Gulfview Blvd., The major problem persists and as you know, since 1997 Beach by Design's directives stated: "traffic circulation would need to be improved" to include "transportation and parking." We/City Planning continues to approve major construction projects with no options/solutions to deal with the increased traffic! Approval of the Forte Sands as currently (i.e., the entrance and exit into the complex) designed will only escalate the already problematic intersection. When will we say "NO7' When will we provide innovative traffic solutions? Sincerely, Christine/Chris Michalek, concerned citizen P.S. RE: the last photo ... due to its residential character, Clearwater Point is often used as a route for charity marathons, walks, runs. P.P.S. Mr. Atallah, Mr. Jordi - I am sure that as you research the HISTORY of Clearwater Point as related to testifying, providing options, making suggestion on how to improve the traffic flow on the beach, you will note that we, Clearwater Point residents have not been idle, in fact, appearing before the City Council as early as 2018. 19 April 12, 2023 — Follow up with Department of Energy Protection at: https://floridadep.gov/commJcomm/content/office-communications-contacts with email to Amanda Dorsett and Zachary Bennet. Florida DEP, re: Clearwater Point Former Gas Station with Underground Storage Tanks Good morning, Ms. Dorsett and Mr. Barrett ... Please know that I am not clear if you are the appropriate contacts for the information I seek; however, I trust that you will refer me as needed. Currently, here in Clearwater Beach, Florida, there is a proposal to build two mammoth condos in our Community, Clearwater Point. Early on in the 1960s, a gas station existed on the lot at the NE corner, i.e., currently the streets of Gulfview and Gulf Boulevards, 33767. (* See Developer's sketch/vision for Clearwater Point below with the Gas Station pictured in the lower left corner.) With the pending new development and recently walking the property, we counted 11 monitoring well caps. (see photo) and we are concerned about the health and safety of those living and soon to be living on Clearwater Point. Error! Filename not specified. It is our understanding that a moratorium was placed on that site, i.e., nothing could be built for a period of time. I followed up with Craig Pittman, formerly Tampa Bay Times, who in January 2018, wrote an article on this subject, the19,000 existing (968 in Pinellas County) underground petroleum storage tanks. In contacting Mr. Pittman, he referred me to Lauren Engel who had done major investigation, reporting on the underground storage tanks. She now serves as Account Manager, State of Florida. Unfortunately, Ms. Engle did not respond to my inquiry. Ms. Dorset, Mr. Bennett, can you assist in providing information please. Specifically, how do we determine if the moratorium is "done," and that the property at these addresses: 1) 805 S. Gulfview Blvd., 33767; 2) 551 Gulf Blvd., 33767; and/or 3) 809 S. Gulfview Blvd, 33767, has Certification that the site "has a clean bill of health" and that existing toxicity does not endanger the families of Clearwater Point. Any information or referral that you can provide to answer this question would be greatly appreciated. Thank you. Christine/Chris Michalek, a concerned citizen ... Clearwater Point, 855 Bayway Blvd. # 707, Clearwater Beach, Florida 33767 214-923-6549 NOTE: This is the 1960s sketchNision of the Developer for Clearwater Point. Note that the gas station is pictured here in the lower left corner and that at that time the street (now Gulf Blvd.,) was named Clearwater Pass Avenue. 20 z tahilcskt 11 VEZZEI 1111111111116... April 12, 2023 — Response from Amanda Dorsett, Florida DEP, re: Clearwater Point Former Gas Station with Underground Storage Tanks: "Below is a status chart for all of the registered tank facilities on Gulfview Blvd in Clearwater Beach. I have linked documents in Oculus for your review. The three (3) addresses you list below do not match exactly to any tank facilities registered with the State of Florida." Ms. Dorsett verified that the address of 551 Gulf Blvd., also was not registered." She continued: "If you have a concem, we can always request that our county inspectors do a site visit to look for that evidence." April 17, 2023 -- Christine/Chris Michalek submits HISTORY of property located on SE Corner of Gulf and Gulfview Blvds., with addresses of 805 Gulfview, 551 Gulf, 805-809 Gulfview 33767 to City Planning and Development and Engineering Staff along with an email of concern regarding issues still to be resolved prior to the DRC and CDB Meetings. The email states as follows. Good morning Mr. Parry, Ms. Crandall, Ms. Clayton, cc: Mr. Atallah, Mr. Garriott, Mr. Jordi, Ms. Kessler and Ms. Kivett Less than one month from today, on May 10th, the Community Development Board (CDB) will be meeting to scrutinize and move forward a massive project, i.e., the FORTE SANDS RESORT on the SE Corner of Gulfview and Gulf Boulevards. If approved, this project will be yet another example of Developer rapacity with little consideration of how the two structures proposed will affect the 465 families who live on Clearwater Point, but beyond these residents, the safety of all Clearwater (South Beach, Sand Key) citizens. Attached you will find a HISTORY. a comprehensive summary of the property, CASE: FLD2022-09025, the proposed FORTE SANDS RESORT PROPOSAL by Applicant/Contact: Housh Ghovaee, CEO and/or Brian Aungst, Jr The HISTORY identifies problematic, dangerous, ISSUES OF CONCERN WHICH ARE NOTED IN RED. These elements in must be resolved prior to the scheduled DRC Meeting of Thursday, May 4th and definitely before the May 10th CDB Meeting. Beyond the obvious questions about the fluctuating FLD2022-09025's information regarding APPLICANTS/AGENTS i.e., Sandra Bradbury/Housh Ghovaee, and/or Brian Aungst Jr., and the PROPERTY ADDRESSES: 805 S. Gulfview Blvd., 551 Gulf Blvd., and/or 805-809 Gulfview Blvd., 33767, here are the disturbing elements of FLD2022-09025. la - G SAFETY: DANGE: r2ANCE INTO r :IE SANDS ... The ingress and egress into the Forte Sands complex as designed is "an accident waiting to happen! " (See March email from Clearwater Point Citizen Richard DeSantis to Senior Planner Mark Parry, then to Traffic Engineer Omar Atallah.) Mr. Atallah responded with a sketch: "Interim improvements are shown here." The improvements provided the Developer's suggestion to add more roadway signs to which Mr. DeSantis countered: ""The driveway is too close to the busy intersection, giving drivers little or no time to react to vehicle, pedestrian and bicycle activity and recommended One possible solution is to have the tum -in from South Gulfview on South Shore LAI going around the complex on the west skit. " A final comment by Mr. Atallah was: "My plan is to micro simulate the new development access with nearby intersection to further access any potential impacts. This will be further discussed at a future meeting with the developer designer." Mr. Parry, Ms. Crandall, Mr Atallah, Mr. Jordi, Ms. Kivitt ... Has there been any further dialogue with the Developer to correct this dangerous Forte Sands entrance and exit? Has the micro simulation been completed. If "yes," please forward the micro simulation report. 21 4.17.23 email continued Ib - COMMUNITY SAFETY: NO HURRICANE EVACUATION PLAN ... Reviewing the documents submitted for CASE: FLD2022- 09025, there is no submitted Hurricane Evacuation Plan. * Mr. Parry, Ms. Crandall, Ms. Clayton ... With the current 2023 projection of "11-15 named tropical storms, 4-8 of which are expected to reach hurricane strength,"please advise as to why CASE: FLD2022-09025, does not include a Hurricane Evaluation Plan? lc - COMMUNITY SAFETY: NO SUBMITTED TRAFFIC STUDY ... On January 23rd, Mr. Pergolizzi of Gulf Coast Consulting sent a letter to Applicant/Contact: Housh Ghovaee, CEO and/or Brian Aungst, Jr.,.stating that "no Traffic Study is required." Mr. Parry, Ms. Crandall, Ms. Clayton Mr. Atallah, Mr. Jordi, Ms. Kivett ... The corner of Gulfview and Gulf Blvds., with adjoining Sand Key bridge and traffic flow moving East and South from Clearwater's round -about is a major, often severely congested South Beach intersection, not to mention a frequent path for walkers and cyclists! Please explain how a Traffic Study would not be required? II COMMUNITY SAFETY:TOXIC SITE, UNDERGROUND STORAGE TANKS ... As noted in the attached HISTORY a gas station was present on the North side of this site. Recently, at least 11 visible monitoring well caps were counted. A moratorium was placed on any future builds due to these tanks. No Environmental reference, no Staff comments are made to the possibility of the remaining toxicity of the underground tanks. Mr. Parry, Ms. Crandall, Ms. Clayton, Ms. Kessler, Ms. Kivett ...Please provide the Certificate/Document which lifts the Moratorium for the early gas station and gives the Developer a "clean bill of health" allowing for a build on this site. If by chance there is no formal document certifying that the site is no longer toxic and in order to alleviate the concerns of Clearwater's residents, please order (as is prescribed by the DEP) that the county does a site visit and confirm the "clean bill of health." III - INDIFERRENCE TO BEACH BY DESIGN GUIDEUNES ... A disturbing rationale as to Why the Forte Sands should be approved demonstrates a certain disregard of Beach by Design requirements. At the March 2nd DRC Meeting, Mr. Ghovaee, supported by Mr. Aungst, Jr.,.remarked that another Clearwater Point project had been approved by the Community Development Board, i.e., the Chart House at 850 Bayway Blvd. His reference appeared to imply that a PRECEDENT had been set, allowing for certain liberties such as "walling off' and height increase. As regards to height, Mr. Ghovaee mentioned that Clearwater Point already had 9 story high-rises, allowing for his project to be approved. It should be stressed, (and has been referenced several times by Clearwater Point residents,) that Clearwater Point's four (4) nine (9) story condos are land locked .... not ... abutting a body of water/Clearwater Bay as proposed for the Forte Sands. Mr. Parry, Ms. Crandall, Ms. Clayton ... Who monitors, evaluates the current status and implementation of Beach by Design goals, especially regarding development proposals and their adherence to Beach by Design requirements? As an example, for FLD2022-09025, what is the current status for reaching the Beach by Design directive to "improve traffic circulation ... transportation and parking" on South Beach, to include the intersection of Gulf and Gulfview Boulevards? Additionally please inform Forte Sands Applicant/Contact Mr. Ghovaee and Mr. Brian Aungst Jr., that nine months has passed since Decade Properties Inc., submitted the 850 Bayway project, Building Permit Application BCP2022-080686. To date, reviewing the Building Permit Application and the Accela 35 page Staff Case Report, several non-compliance issues are marked as "Set to Open, Not Approved, Revisions Needed." Hence, BCP2022-080686, the Chart House project at 850 Bayway Blvd., is still a work in progress and should not be used as documentation (PRECEDENT) i.e., rationale as to why Beach by Design directives need not be followed! ... A question on the appropriateness of Transfer/Sale of Four Dwelling Units with Same Agent/Attomey Brian Aungst, Jr., Case FDL2022-09025 - TDR2022-10002. Mr. Aungst is listed as both the Seller,193 Brightwater Drive, Clearwater 33767 and Purchaser, Forte Sands of four (4) dwelling units. The relative question is: "Can a property Seller and property Purchaser have the same Agent?" This question has been posed to the Florida Bar Association, the Pinellas County Board of Realtors/PRO and the Florida Gulfcoast Commercial Association of Realtors. Mr. Parry, Ms. Crandall, Ms. Clayton ... Who ensures that any conceived impropriety by a Developer or his/her representatives are reviewed, determined as orthodox or unorthodox? V — CONTINUED LACK OF AN ENVIRONMEN s IMPACT STUDY ... From a Forward Pinellas report: "There remains considerable alarm regarding our warming climate which is causing global sea levels to rise, partly because ocean waters are expanding as they warm, and partly because ice sheets and glaciers at the poles are melting and adding more water volume. The scientific consensus is that this trend will continue and accelerate." This continuing national alarm as regards to rising tides, the added RED TIDES scourge, not to mention restrictions imposed by the Coastal Construction Code, demands that we scrutinize each proposal to see how it will impact our environment. 22 4.17.23 email continued Mr. Parry, Ms. Crandall, Ms. Clayton, Ms. Kessler, Mr. Garriott ... Who of you, will scrutinize the proposal, question the Developer regarding the impact on the environment, most especially in relation to the Florida Building Code, Coastal Construction Zoning, their seawall and established requirements? VI - PERCEPTION OF PREFERENTIAL TREATMENT AFFORDED TO DEVELOPERS • Since 2012, (possibly before,) Development projects impacting on Clearwater neighborhoods' quality of life have been approved, moved forward. These CDB approved developments have impacted Clearwater taxpayers and their families: - Marriott Courtyard — (first proposal to City Council) June 19, 201 - Island Estates (Peter Kohut Lawsuit) vs Clearwater Marine Aquarium — January 19, 2016 - Skycrest HOA vs Cube Self Storage — May 17, 2018 - Individual Neighbors vs Fairfield Inn (Marriott) — December 18, 2018 - Edgewater Drive Neighborhood Association (EDNA) vs Edgewater Valor Capital LLC —July 4, 2019 - Clearwater Point vs Decade Properties/Jeff Keierleber/Brian Aungst., Jr. to build the Chart House Hotel - September 21, 2021. Note: Prior to Edgewater/EDNA, i.e., the first neighborhood to hire outside Counsel, Clearwater's CASH POOR NEIGHBORHOODS fighting BIG BUCKS DEVELOPERS, oftentimes were unaware of the proposed development due ineadequate notice time to prepare, rally, act! Oftentimes also, The Agenda Item was placed on the Consent Agenda resulting in no community testimony opposing the development • Undervaluing of earlier submitted CNC Leveling the Playing Field recommendations ... On June 14th, 2021, David Lillesand representing the Clearwater Neighborhood Coalition, presented Leveling the Playing Field with recommendations to the City Council. This Report offered suggestions on how future developments proposed to the City would afford neighborhoods equitable treatment, at the minimum "a say, earlier notice regarding proposed developments in their communities. To date, (almost 2 years), the City has disregarded the Report taken no action. The recommendations include: 1. Pursue a CDB that is more diverse and balanced pursuant to CDC Municipal Code 5-202. 2. Add an environmentalist to list of professionals to serve on Board. 3. Develop updated training materials for CDB members and city staff. 4. Require completion of CDB training before a member may sit and rule at a hearing. 5. Increase early and minimum notice times so neighbors can review developers proposals in detail. 6. If a matter is disputed and not routine, hold CDB hearings at night for that matter. 7. Review the current code to create meaningful buffers to protect a neighborhood's character and safety. 8. Enforce CDC's Municipal Code 1-103 purpose to ensure development will not have a negative impact on the value of surrounding properties and minimize the conflicts among the uses of land and buildings. • Lack of a Signed Concurrency Agreement ... When questioned about maintaining, protecting our City's infrastructure at an October 17th, 2022 BLUFFS PROJECT INFORMATION SESSION, then Mayor Frank Hibbard shared the following information: "All developers submit and sign a CONCURRENCY AGREEMENT with the City." Recent project development proposals to include FLD2022-09025: 805 Gulfview Blvd., do not include such an agreement. • Deviation from historic CDB Meetings' Scheduling ... At a recent Community Development Board (CDB) Meeting, Ellen Crandall, Development Review Manager, made a special request "that the regularly scheduled May 16th, 2023 CDB Meeting, (historically the 3b Tuesday of each month) be changed to Wednesday, May 10th with the DRC Meeting to review CASE: FLD2022-09025, 805 S. Gutfview Blvd.., scheduled for Thursday, May 4th. Upon review of all 2021, 2022, 2023 CDB Meetings to date, it is noted that at prior CDB Meetings have been held on the 3rd Tuesday of each month. The only exception was one meeting, a change from the "regular" Tuesday, March 15th, 2022 to March 17th, since the 15th was the Clearwater (City Council) Election Day. On behalf of Clearwater South Beach, Sand Key, Clearwater Point's current and future families, their safety, their quality of life, we ask that the dubious elements of CASE FLD2022-09025 (noted in RED) be reviewed and resolved by the Clearwater Planning, Development and Engineering Staff. That said, the project should be deemed INCOMPLETE, returned to the Developer for resolution prior to any upcoming DRC Meetings. As currently submitted, CASE FLD2022-09025, a submission for the Forte Sands Resort cannot progress to the CDB for approval' 23 4.17.23 email continued We await your response and resolution, Christine/Chris Michalek ... Clearwater Point Commodore House 855 Bayway Blvd. # 707 Clearwater Beach, Florida 33767 214-923-6549 Richard DeSantis Clearwater Point Marina House 868 Bayway Blvd., # 116 Clearwater Beach, Florida 33767 P.S. The elements of concern listed above are over -and -beyond the Staff comments presented at the DRC Meeting of March 3rd. April 17, 2023 - Realtor Lisiting on www.reaitor.com: 661 Gun Bivd., Clearwater Beach, EL 33767 SALE PENDING, $25,900,000 - on market for 1,001 Days. $25,900,000 F t 51,1,143t 12 acre lar 551 MO Blvd. Gfeaennrv- 3each. f i 33761 Clearwat Add a comm,t, 24 APPENDIX Attachment A: Public Record — August 24, 2022 - FLD2022-09025: Planning and Development Level One Flexible Standard Development (FLS) and Level Two Flexible Development (FLD) Applicatiors, Property Owner (per Deed) Fisherman's Wharf of Clearwater, Inc., John M. Farina and Hppuicanurnmary Contact Name: Northside Housh Ghovaee, CEO Northside Engineering, Inc., (and/or) Brian Aungst, Jr., Esquire. Note: 2"d Entry on 1/17/23 and Update on 1/31/23 with same documents. Attachment B: Public Record — October 10, 2022: Clearwater Planning and Development Transfer of Development Rights listing °pan Aungst, Jr., as Agent/Repre rntative of James A. and Elise A. Mikolinski and including the address of Mr. Aungst's law firm Macfarlane Ferguson & McMullen at 625 Court St. Suite 200, Clearwater, Florida 33756. Attachment C: Public Record — January 23, 2023: ..etter to House Ghovaee, Northside Engineering Attachment D: Recommended SAFE ENTRY -EXIT into proposed Forte Sands Resort sketch with right turn onto South Shore Blvd., submitted for submitted to Omar Atallah, cc: Mark Parry and Ellen Crandall on March 16, 2023 and also on April 11, 2023. 25 RD Aflerti )1 fr # • V1•27,.. p Ottelek. rI/Do,b:'14-6(02.,5 PLANNING AND DEVEIMPNWNT DEPARTMENT ELS & ILD AP P LICATI ON This application is REQLECP tor all I...eve] One. Flexible Standard Development (H,S) and Levi Two Flexible Development (FLD) applications. Alt applications must los submitted online at: VP ern) iL,iii12S1rWitCrC0m kis th ponsbiIJy14 the applicanbmit complete and correct infnrmation. I flconit-dete or intorreet I tiOrnui ion !n1yLnvicbtr yodr application, All appkieation% Are in he 11 Red out compieiety and i-orrectly .anzi -intimated (in rlueiing plan; d Ilficur.nents. uplicidEd, pitwtssed And fin ale zta) by 12 coo -on nn the schecli4eirt deadline dare 2Th' zipplicloo, by filing this appli1..ation..11*,ites comply with Ali a pplicabit reginnement; IN', Community 11-nvelop merit Code. 4t1,714rtunaLinLiza sutvititaiimaikanciavitidiatiaaJoirktikkw-.' 1PIPZ orPAirnaarr rek:LIMARY S200 (Nut eppixobleor dame:ell taw:1.111W gAjPifirt) ISM PUN Rtvtroit FEE TION FEES: taelmoraer...••••••••••..,,- twectmkey scrum rep strziciattql Wig jjviiielanuly oe dop:47") WM (11S iidochot dwiriklp of iti:pingai $47S (as attach& durk'brici, niLged %ESC aid ?woe:P.-ger:WI 1,141) SIDO (FLD OCd Jtor!iteA tizgpftwes, nnd thett oc(wtvesry xcructurrs) 11.205 tTZD - art oclieddberiti.v... mired “se. and no.turnolentkil utes) Property Owner (Per Deed): FE,herimalt.c Wharf of rIcarwlier !ix Rhone Number: 201-105- 3955 f30111) M Farril) EmtI 11.1.Fezugzonstructirrnc cum AppinAntirrunarycQa.vt Name.. I !oust; Cihol..g.e. (TO 1:iiiitor Brian A urly. Company Name: Northside Fnwp 11 Phone Number: 727-441- 7.1t49 km& boii.i.h'cknottitsidetnfinrcrink.aSt Address of Subject property: 805 & MCI South (kJ fyiew Bouick.ed Nuel Number 7 -79 -1S -050764X1] -0021 Ste Area (square feet and Acres): T - I 24.877,.ifs1/2..867at& OSIR. 0.16.6sc,Total 132.107q,1.012.11.4K,' Zoning: T - Tourist& (T)SIR - Open Space Recreation Future Land usez,RETH - Resort -h Description of Request (must include use. requested flexibility parkIng, hci ht, etc): % hr n 4. , 1 ir - i i .... . ,,,.. .1. totiec 5 TDR.s.1 u Tow-iyia DistrilljY4 l (IS - in . . 1,cr-',.. :,"un tht2-ilti floOr . Lk!' Ojai:. ilci.0.1 will be 9V-6' from DFP.. P3,gc I of. 5 Revised: I/9/1f CiearWater i'ilannInt & Dret4npinent frpartnarnt Flexible Develnpment Application Affidavit to Authorize Agent/Representative t. Pry d.uwfirs al all protiv rr v,.-.... 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Couldrt Of mai HAS the adarsiord. acknowledge that aa sworn to ir 1cri)".e.r. he'd berOrt filketd, rfproweauarti, p'ji i OA ;:p ti_41101W iont trU and armorer to Pe beltt env an uvemtJ,- VW! atithankr City reltree1l141, CO visol 4,rf PhOtelltraPh or4Derty (le : :11) grIbtuf Virop4iy prrsd dor( et ?._.tor mdJol'rV INAef Ai I le16 I IA94 who avridely_21217alft.hat Naaary Ivry co-r.-niti., CuParl. as derriFr.Ato015 lartraftg Lgleralr loprnent Dknlartffleolt; 'MO 5 *rite wanue , Clearwater. FL 'sat 2 ad .1 33756Te1rit-4 Rffil5ED: IL 29 •Ft p .4 j: to slf aA Gu% )..c Gil ;::3 Gulf -Coast C onsuItinF , Inc. i_Tpd DeVeloreitlalt Coasultiag F_nginrrring • Rana irtg • 1'ranxpafheinst • Permitting tr+OT (mitt 1 XCrn 1COT ticaromwd, Sumo raa °rammer. Mer: {Tv) %.14. 1111 Ige 027) tan January 23, 2013 Mr. Housh Ghovate, President Nar011t4e Engirteer►ng, enc. 300 S. Reicher ,;toad Clearwater, fl 33765 Vima yt: tP eta eemNer , r;4 t �r tr1 Re Forty Sands Resort Attached Dwellings 805-809 5. Gulfview Blvd, Clearwater Beach Traffic Asses+meet (FLD2022-09025) thl$ Traffic Assessmrr#t is being prepared for the propo d re -use of the former leverocks restaurant s. tc with a ere* address of 8i15-809 5 Gulhricw Blvd which is in the Tourist (t) Zoning district, The existing tilt• ss vacant and is proposed to be redeveloped with ninety-one (91) -Resort Attartted t ettinr,s'- The re -use of the site as Resort Attached dwellingis a permitted ,J{e. in the Tourist (1j district. The 91 -dwelling unit project would generate only 413 daily trips, cif which 34 trips would occur during the AM peak hour and 35 trips would odor during, the PM peak hour. Excerpts from 1TE Trip Generation, 11th Fddilinn are attached. Pi/ Section 4.904 of the Community Development Cuda "f. everopment projects that g ner.ite lt+Ss than 51 pe;dk flour trips arc required to pay a multi -modal impact fee in accordance with Section 4-905. They are not required to Submit a transportation management plan or traffic study.' Access. to the project would to from the low volume se, mint of S. Gulfview Blvd that k east of the Sand Key Bridge (Gulf Blvd.) Therefore, a detailed traffic anaysis is NOT required per city code since the project traffic generation is only 35 PM peak hour trips which is a minor impact- Slncerc&y, .-*// Robert Pei olirri, AICP/PTP Principal > Jahn Farina Brian Aurlpst 22-058 I E !ASETS kICSR'ffIfT !NK4 (0 91 OvAolivikr,ouThliscite0YLEAKI Nosed 10 I.:, NAT, :)A01741 PtiertrYti 110 NV rAa 11 4,1 .$ \4, P a 1 2 2 m 111 .11,......4144 to , Food tog a 1111 CP CAtitof Pat, 041#41# ft*, anie9 Pa I iggliatig rtitsMi It) to tit Wird &Aim viesickhit km; nit 'Al) Sim Wog fillpjaltikatelesi.IV...E4 gat, Wni.01,4 tom fielgry ;wad Sedi Gut WM4 cattifirg gt•ov Why: _26.64 itteleka Oft* WO VA tiff/003110 0 t tl UPI Usti pro ett, tie41, kitty not ott $od/t 'Mie Sokierad t• $ou NW a to koth StifiLVADA pfg CO, tiro; POW) Cd Wood IVA att Sit* Sql Wog itu aloft te4 *twee mil00 1 ittiOnk tot GAN Colos liric Nit CND WI Wit Bairord a 31