05/16/2023 DocuSign Envelope ID: 1742511A-9193-4655-BE9B-9467C9134AFE
COMMUNITY DEVELOPMENT BOARD MEETING MINUTES
Date: Tuesday, May 16, 2023
Time: 1:00 p.m.
Place: 100 North Osceola Avenue,
Clearwater, Florida, 33755
(City of Clearwater Main Library)
Present 5 - Chair John Quattrocki, Vice Chair Bruce Rector, Board
Member Diane Achinelli, Board Member Andrew Caudell,
Board Member Andrew Hupp
Absent 3 - Board Member Aubrey Haudricourt, Board Member Andrew
Park, and Alternate Board Member Samuel Hutkin
Also Present - Jay Daigneault—Attorney for the Board, Matthew Mytych —
Assistant City Attorney, Gina Clayton — Planning &
Development Director, and Nicole Sprague — Deputy 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
The meeting was called to order at 1:00 p.m.
B. ROLL CALL: Chair Quattrocki, Members: Achinelli, Caudell, Haudricourt, Hupp, Park,
Rector, Alternate Hutkin, Assistant City Attorney Matthew Mytych, Attorney Jay
Daigneault and City Staff
C. APPROVAL OF MINUTES FROM THE PRIOR MEETING, APRIL 18, 2023
Board Member Caudell moved to approve the April 18, 2023 meeting
minutes. The motion was duly seconded and carried unanimously.
D. CITIZENS TO BE HEARD RE: ITEMS NOT ON THE AGENDA
Peter Kohut expressed concerns regarding a vacant parcel owned by St.
Brendan's Catholic Church that is used for parking by the Clearwater
Marine Aquarium and stated that the Church should have applied for a
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permit to develop the lot for parking and the City needs to address the
stormwater drainage issues.
E. CONSENT AGENDA: The following cases are not contested by the applicant,
staff, neighboring property owners, etc. and will be approved by a single vote
at the beginning of the meeting (ITEMS 1)
1. Case: 3- — 279 Windward Passage
Level Two Application
Owner(s): Clearwater Marine Aquarium (uplands) City of Clearwater (submerged
lands)
Representative: Terri Skapik; Woods Consulting Inc., Dunedin FL, 34698; phone:
727-919-0848; email: terriskapik@woodsconsulting.org
Location: The subject 4.526-acre property is located on the south side of Windward
Passage approximately 250 feet west of Island Way.
Request: The Community Development Board is reviewing a proposed 1,150 square
foot expansion to an existing commercial dock for the property located at 279
Windward Passage. The project is 35 feet in length and 960 feet in width, and requests
allowable flexibility for square footage and dock width of a commercial dock/pier
greater than 500 square feet in deck area (Community Development Code Sections
2-704.E, 3-601.C.3 and 3-603).
Associations: Clearwater Neighborhoods Coalition, Board of County
Commissioners, Pinellas County School Board, Clearwater Beach Association,
Village on Island Estates Condo Association
Assigned Planner: Mark T. Parry, AICP, Senior Planner
Board Member Hupp moved to remove FLD2023-02004 from the
Consent Agenda. The motion was duly seconded and carried
unanimously.
Vice Chair Rector moved to accept Mark Parry as an expert witness
in the fields of general planning, zoning, redevelopment planning,
land development code and land development code amendments,
special area plans and overlay districts, site plan review,
landscape architecture. The motion was duly seconded and carried
unanimously.
In response to questions, Mr. Parry said he addresses the code
requirements such as width and length of the pathway. He said the
applicant designed the dock configuration. The Harbor Master is part of
the Development Review Committee, and he raised no concerns with the
proposal.
Applicant Representative Terri Skapik of Woods Consulting said any ADA
requirements will be addressed, the applicant started with the dock
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permitting process as it is lengthy and requires numerous approvals from
different agencies.
In response to questions, Ms. Skapik said there is a 12-inch difference
between the height of the two fixed docks. The City owns the submerged
lands and the Clearwater Marine Aquarium owns the upland. There are
nine public docks that can be rented. She said the slips are rented and
not for transit use. The proposed docks are not encroaching on any
setbacks.
Vice Chair Rector moved to approve FLD2023-02004, 279 Windward
Passage, based on evidence in the record, including the application
and the Staff Report, and hereby adopt the Findings of Fact and
Conclusions of Law stated in the Staff Report, with conditions of
approval as listed. The motion was duly seconded and carried
unanimously.
F. LEVEL TWO APPLICATIONS (ITEMS 1-2):
1. Case: / — 2680 Landmark Drive
Level Two Application
Owner(s): Heritage United Methodist Church Countryside Inc.
Representative: Krikor Kassarjian and Robert Pergolizzi, Gulf Coast Consulting, Inc.,
13825 ICOT Blvd., Suite 605, Clearwater, FL, 33760; phone: (727) 524-1818; email:
krikor@gulfcoastconsultinginc.com
Location: 8.630-acres consisting of one parcel located the southwest corner of
Landmark Drive and State Road 580 (to be platted into two separate parcels with
Parcel 1, to the north, will be 3.95-acres and Parcel 2, to the south, will be 4.68-acres).
Request: The Community Development Board is reviewing a two-lot preliminary plat
and amendment to a previously approved site plan (FLD2009-02002) to retain the
existing place of worship use on proposed Parcel 1 and convert the existing school
use to a medical clinic use on proposed Parcel 2 in the Institutional (1) District for the
property located at 2680 Landmark Drive. The project is less than 50 feet in height,
provides a minimum of 140 off-street parking spaces and requests allowable flexibility
from setbacks, off-street parking, and landscaping requirements (Community
Development Code Section 2-1204.A, Section 3-1202.G and Article 4, Division 7,
Subdivisions/Plats).
Associations: Clearwater Neighborhoods Coalition, Board of County
Commissioners, Pinellas County School Board, Northwood West Homeowners
Association
Assigned Planner: Melissa Hauck-Baker, AICP, Senior Planner
Northwood Presbyterian Church Pastor Chris Curvin requested party
status.
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Vice Chair Rector moved to grant Pastor Chris Curvin party status
for the purpose of this hearing. The motion was duly seconded and
carried unanimously.
Vice Chair Rector moved to accept Melissa Hauck-Baker as an expert
witness in the fields of general planning, zoning, redevelopment
planning, land development code & land development code
amendments, special area plans and overlay districts, site plan
review, landscape architecture, historic preservation,
comprehensive sign program. The motion was duly seconded and
carried unanimously.
Vice Chair Rector moved to accept Omar Atallah as an expert
witness in the fields of traffic safety, multi-modal mobility,
transportation planning, asset management, intelligent
transportation system and traffic impact study. The motion was duly
seconded and carried unanimously.
Vice Chair Rector moved to accept Krikor Greg Kassarjian as an
expert witness in the fields of civil engineering, stormwater
management, sanitary sewer collection and water distribution
systems, roadway and intersection improvements design, site
grading, and project management. The motion was duly seconded
and carried unanimously.
It was stated that Applicant Robert Pergolizzi has been recognized
by the Board as an expert in land use planning and transportation
planning for 20 years.
In response to a question, Applicant Robert Pergolizzi of Gulf Coast
Consulting said after conducting a parking assessment, there is more than
enough parking on the site for weekdays.
Pastor Chris Curvin expressed concerns regarding access to the
Northwest Presbyterian Church property because the access road crosses
the adjacent Methodist Church property. He requested to have
entitlements and rights as a third party to the ingress/egress.
Attorney for the Board Jay Daigneault said any access agreement would
be a private agreement between the property owners and the Board has
no authority to grant entitlements or rights.
In response to the concern, Mr. Pergolizzi said there is an access
easement that will be maintained and the easement will be on the plat.
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One individual said the ingress/egress should be addressed prior to the
board's decision.
One individual said there is competent and substantial evidence to
approve the application and the easement issue can be addressed by the
parties involved.
Vice Chair Rector moved to approve FLD2009-02002A and PLT2023-
03002, 2680 Landmark Drive, based on evidence in the record,
including the application and the Staff Report, and hereby adopt the
Findings of Fact and Conclusions of Law stated in the Staff Report,
with conditions of approval as listed. The motion was duly seconded
and carried unanimously.
2. Case: - — 869 Bruce Avenue
Level Two Application
Owner(s): Robert Ingle
Representative: Brian Aungst, Jr., Esq.; Macfarlane Ferguson & McMullen, P.A., 625
Court Street, Clearwater, FL, 33756; phone:727-442-8470; email: bja@macfar.com
Location: The 0.176-acre property is located on the east side of Bruce Avenue
approximately 250 feet south of the Kipling Plaza and Bruce Avenue intersection.
Request: The Community Development Board (CDB) is reviewing an application for
two detached dwellings and a termination of status as a nonconformity for density for
two detached dwelling units where the maximum permitted density is one detached
dwelling units in the Medium Density Residential (MDR) District for the property
located at 869 Bruce Avenue. The project includes four off-street parking spaces and
requests allowable flexibility from termination of status as a nonconformity for density
and allowable reduction to setback requirements (Community Development Code
Sections 2-203.13, and 6-109.C).
Associations: Clearwater Neighborhoods Coalition, Board of County
Commissioners, Pinellas County School Board, Clearwater Beach Association
Assigned Planner: Mark T. Parry, AICP, Senior Planner
Vice Chair Rector moved to accept Mark Parry as an expert witness
in the fields of general planning, zoning, redevelopment planning,
land development code and land development code amendments,
special area plans and overlay districts, site plan review,
landscape architecture. The motion was duly seconded and carried
unanimously.
Applicant representative Brian Aungst requested Robert Pergolizzi and
Michael Nolan be accepted as expert witnesses.
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Board member Hupp moved to accept Robert Pergolizzi as an expert
in planning and transportation planning. The motion was duly
seconded and carried unanimously.
Board Member Hupp moved to accept Michael Nolan as an expert
witness in civil engineering and site plan related issues, including
potential drainage and other issues related to site plan design. The
motion was duly seconded and carried unanimously.
It was stated that Residential Designer Jeremy Stevens is a fact
witness prepared to answer questions regarding elevations.
Senior Planner Mark Parry said the site was developed with two single
family detached dwellings and due to the age of the structures, the permit
details remain unclear. The first dwelling unit, located on the west side of
the property, was constructed in 1935 and the second structure was
permitted in 1947. There is no evidence that the second structure was
permitted as a dwelling unit. The code at the time did not specify density.
He said part of the applicant's request is to terminate the status of
nonconformity in order to permit two dwellings where one is otherwise
permitted, which is inconsistent of the Comprehensive Plan.
Applicant representative Brian Aungst said there is competent and
substantial evidence to approve the application. He said there is a
disagreement with staff regarding the criteria to meet the termination of
nonconformity. The City has issued business tax receipts for 2 units on
the property, and it has two addresses from USPS. He said the
redeveloped property will address flooding and drainage issues and
increase neighboring property values. This project will increase the
setback and decrease the footprint of an existing nonconformity.
Property owner Robert Ingle said he purchased the property to
accommodate his large and growing family.
In response to questions, Architect Robert Pergolizzi said there were two
dwelling units on the property prior to 1970. He said the purpose of the
request for termination of nonconformity status was to allow increased
density on the property.
In response to questions, Mr. Parry said per the 1976 code, 8.7 units per
acre was allowed which calculates out to 1 dwelling unit for this parcel.
He said the business tax receipts are a taxing mechanism and not an
element of permission. The intensity of the proposed project is less than
the allowable maximum intensity. Residential development intensity is
determined by density of use, setbacks, impervious surface ratio, height,
etc., not Floor Area Ratio.
Ten individuals spoke in opposition.
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Mr. Parry said there was an error on the public notice listing the zoning of
the parcel as Medium Density Residential instead of Low Medium Density
Residential. The zoning designation does not impact the intensity of use.
In response to questions, Mr. Parry said accessory structures are allowed
as long as they meet code. Planning and Development Director Gina
Clayton said accessory dwelling units are not permitted.
Assistant City Attorney Matthew Mytych said the zoning scrivener error is
on the first page of the staff report, the public notice, and on the agenda.
In response to questions, Mr. Aungst said the Pinellas County Property
Appraiser lists two living units on the property. Mr. Parry said the Pinellas
County Property Appraiser does not establish nor dictate permitted uses.
Discussion ensued with comments made that making an exception to
allow additional density would establish precedence.
Vice Chair Rector moved to deny FLD2022-12030, 869 Bruce Avenue,
based on the evidence and testimony presented in the application,
the Staff Report and at today's hearing, and hereby adopt the
Findings of Fact and Conclusions of Law stated in the Staff Report.
The motion was duly seconded and carried unanimously.
The Board recessed from 3:19 p.m. to 3:35 p.m.
G. DIRECTOR'S ITEMS
1. Provide an update and seek input on the city's new Comprehensive Plan: Clearwater
2045 Parks & Public Spaces, Conservation & Coastal Management, and Support
Services Chapters
Planning Division Manger Jayme Lopko provided a PowerPoint
presentation.
Discussion ensued regarding the Comprehensive Plan's Parks and Public
Places and Conservation and Coastal Management chapters.
In response to a question, Ms. Clayton said if the Pinellas Trail is used as
a transportation route in the future, discussions will need to be had
regarding lighting the trail at night.
In response to questions, Parks and Recreation Director Art Kader said
mobility mats are available on Clearwater beach to allow wheelchair
accessibility on the sand. He said ball and soccer fields are fenced off
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and utilized by user groups and they are not as available to the public as
they were in the past.
K ADJOURNMENT
The meeting adjourned at 4:39 p.m.
DocuSigned by:
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Chair, Community Development Board
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DocuSigned by:
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