Loading...
02/20/2024 DocuSign Envelope ID:CF005796-D8B2-4A6B-8FDA-F5DDE832C7B7 COMMUNITY DEVELOPMENT BOARD MEETING MINUTES CITY OF CLEARWATER February 20, 2024 Roll Call Present 6 - Chair John Quattrocki, Vice Chair Bruce Rector, Board Member Diane Achinelli, Board Member Michael Boutzoukas, Board Member Aubrey Haudricourt, Board Member Andrew Park, and Board Member Andrew Hupp. Absent 1: Alternate Board Member Kurt Hinrichs Also Present — Nancy Meyer—Attorney for the Board, Matthew Mytych — Assistant City Attorney, Lauren Matzke — Planning & Development Assistant 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 The meeting was called to order at 1:00 p.m. B. ROLL CALL C. APPROVAL OF MINUTES FROM THE PRIOR MEETING January 18, 2024. Board Member Haudricourt moved to approve the minutes for the January 18, 2024 meeting. The motion was duly seconded and carried unanimously. D. CITIZENS TO BE HEARD RE: ITEMS NOT ON THE AGENDA— None. Kathy Flaherty expressed concerns that East Gateway District was removed from the map and the Hercules Industrial Park was expanded by that amount after the map was presented by staff in October. 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 (ITEM 1-1) CDB2024-02-20 1 DocuSign Envelope ID:CF005796-D8B2-4A6B-8FDA-F5DDE832C7B7 The Chair said the item published on the Consent Agenda has been moved to the regular order of the business, leaving no items on today's Consent Agenda. F. LEVEL TWO APPLICATIONS (ITEMS 1-1): 1. Case: FLD2023-11023 — 1028 Sunset Point Road Level Two Application Owner(s): Edgewater Valor Capital, LLC Applicant: Tina Underwood and Albert Carrier, TranSystems; 565 S. Hercules Avenue, Clearwater, FL, 33764; phone: (727) 822-4151; email: tunderwood@transystems.com Location: 0.961-acre parcel located on both the north and south sides of Sunset Point Road approximately 370 feet east of Edgewater DriveRequest: Flexible Development approval to construct a 1,656 square foot, multi-use dock as accessory to a 10-unit attached dwelling project located in the Medium Density Residential (MDR) District for the property located at 1028 Sunset Point Road. The dock exceeds 500 square feet and is requesting a deviation for side setbacks. (Community Development Code Section 3-601.C.2-3) Associations: Clearwater Neighborhoods Coalition, Board of County Commissioners, Pinellas County School Board, Edgewater Drive Homeowners Association Assigned Planner: Melissa Hauck-Baker,AICP, Senior Planner; email: Melissa.Hauckbaker@MyClearwater.com; phone: 727-444-8769 Todd Pressman said he is working with the adjacent property owners, Deborah and Ryan Chase, and requested party status. Board Member Boutzoukas moved to grant Mr. Pressman party status. The motion was duly seconded and carried unanimously. In response to a question, Mr. Pressman said he will be speaking for Mr. and Mrs. Chase, as they do not plan to speak today. Assistant City Attorney Matthew Mytych requested the Board accept Melissa Hauck- Baker 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, historic preservation, and comprehensive sign program. Board Member Achinelli moved to accept Ms. Hauck-Baker 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, historic preservation, and comprehensive sign program. The motion was duly seconded and carried unanimously. Attorney Mytych requested the Board accept Kyle Vaughan as an expert witness in the fields of civil engineering, land development, construction and building permits, CDB2024-02-20 2 DocuSign Envelope ID:CF005796-D8B2-4A6B-8FDA-F5DDE832C7B7 boundary location, F1 License Survey and Map. Board Member Boutzoukas moved to accept Mr. Vaughan and as an expert witness in the fields of civil engineering, land development, construction and building permits, boundary location, FI License Survey and Map. The motion was duly seconded and carried unanimously. Attorney Mytych requested the Board accept Sarah Kessler as an expert witness in the fields of environmental engineering, water quality, natural resources, and FEMA (Federal Emergency Management Agency) floodplain regulations. Vice Chair Rector moved to accept Ms. Kessler as an expert witness in the fields of environmental engineering, water quality, natural resources, and FEMA (Federal Emergency Management Agency) floodplain regulations. The motion was duly seconded and carried unanimously. Attorney Mytych requested the Board accept Michael MacDonald as an expert witness in the fields of water management, aids to navigation, relationship between vessel navigation over water structures. Board Member Rector moved to accept Mr. MacDonald as an expert witness in the fields of water management, aids to navigation, relationship between vessel navigation over water structures. The motion was duly seconded and carried unanimously. Ms. Hauck-Baker provided a PowerPoint presentation. She said staff recommends, as a condition of approval, that the dock will not be rented, leased, or sold and that it must be used by the residents of the 10-unit upland condo association. Attorney Mytych said the condition was not in the staff report. Staff is adding it now for clarification. In response to questions, Ms. Hauck-Baker said the Department of Environmental Protection (DEP) and the Army Corps of Engineers (ACOE) assessments come into play as part of the county review. Ms. Kessler said Pinellas County has the local jurisdiction for DEP and ACOE, Pinellas County will review the request on their behalf and will raise any concerns to the next level. She said Pinellas County is in the process of reviewing the request, but the review will not conclude until the City approves the application. Ms. Hauck-Baker said the electrical component of the boat lifts triggers the necessity of a building construction permit from the City. Mr. Vaughan said the depicted easement is a city utility easement with a water or sanitary main. He said staff included a condition that the floating dock not be anchored on top of that easement. Ms. Hauck- Baker said a Business Tax Receipt will be needed in order to conduct commercial business. She said the City would not issue a BTR if the development order includes CDB2024-02-20 3 DocuSign Envelope ID:CF005796-D8B2-4A6B-8FDA-F5DDE832C7B7 terms and conditions of approval that must be implemented as long as the project exists. Pinellas County will determine the maximize size of the vessels allowed as part of their review process. Ms. Hauck-Baker said Pinellas County may require the City to amend the record and include any conditions determined during the review process. In response to a concern, it was stated that ADA requirements apply to public accommodations, the proposed dock will not be a public structure or facility. It was suggested that the City consider the additional condition be included in the condominium documents. Planning and Development Assistant Director Lauren Matzke said the ADA requirements will be reviewed at the time of building permit. The application before the Board is specific to the dock and the request for a deviation from the east setback. Applicant Representative Brian Aungst requested that Al Carrier, Pe PSM, of TranSystems be accepted as an expert witness in civil engineering, dock design, environmental permitting, and dock permitting. He said Mr. Carrier has been accepted as an expert witness by the Board in the past. Board Member Park moved to accept Mr. Carrier as an expert witness in civil engineering, dock design, environmental permitting, and dock permitting. The motion was duly seconded and carried unanimously. Mr. Aungst said the request for a private multi-family dock requires a Level 2 approval because, per city code, it is considered a commercial dock. The neighborhood and the affected persons received notice of today's meeting; notices were sent to those within 300 ft., the Edgewater Drive Homeowner Association (EDNA), and the Clearwater Neighborhoods Coalition. He said the Applicant meets regularly with the President and Vice President of EDNA, keeping them apprised of the 10-unit townhome and dock projects. The proposed dock meets all the approval criteria and is consistent with the development of docks in the area. He said the Applicant will be happy to include the condition in the condominium documents as the proposed dock, slips, and lifts will be used for the residents only. The slips or lifts will not be leased or rented to the general public. He said the proposed dock is comparable in length to docks in the immediate area. Docks to the east of the subject property predominantly serve single residential properties. There are two multi-family developments to the west of the subject property that have docks, with one receiving approval to deviate from the side setback standard. Mr. Aungst said originally the Applicant requested a 133 ft. dock, which is less than the maximum length allowed by city code, and reduced the dock length to 80 ft. after speaking with the Harbormaster. The side setback to the east is dictated by the City's active utility easement. He said the walkout is needed because of the oyster beds, there are no sea grasses or other environmental impacts. Mr. Carrier said the ADA CDB2024-02-20 4 DocuSign Envelope ID:CF005796-D8B2-4A6B-8FDA-F5DDE832C7B7 requirement is triggered if the dock services a public facility. The proposed dock will only service the HOA residents. He said sub-aqueous testing was conducted to determine the depth of the water main pipe. The pipe was no longer detectable beyond 20 to 25 ft. from the shoreline because it is approximately 25 ft or more deep. Since the submerged lands are owned by the State of Florida, the Applicant must obtain a lease approval from the State. He said the proposed dock is located within 300 ft. of the minimum wake zone. Mr. Carrier said the ACOE and the Water Management District has requested another environmental study, which will be conducted in April during the growth season. In response to questions, Mr. Carrier said the subject site is in a manatee area. Applicant Representative/Architect Alan McDonell said he met with the neighbors throughout the development of the plans. Initially, when the plans were submitted, the assumption was made that the setback on both sides was 20 feet. He discussed reducing the setback to 14 ft. initially with Mr. and Mrs. Chase but there was never an agreement in place. He said the setback presented in the application was 28 ft. Mr. Pressman said he represents the adjacent property owners on the east (1040 Sunset Point Road). He said the adverse impacts to the neighbor were barely mentioned by the Applicant's representative or the staff report. The subject site is located in a quiet vista on Stevenson Creek, with single-family homes and single docks. The applicant is requesting nine slips, which is 900% more than what is there currently. He said the Applicant is requesting a 200% variance and asking the Chases to assume the cost of imposition and impact on their property. He expressed concerns that the noise and activity associated with the proposed dock will negatively impact the adjacent property owners. In response to questions, Mr. Pressman said he is not a certified engineer, planner, or expert in waterway navigation. He said he does not know if his client's dock is operable or permitted. Mr. MacDonald said he reviewed the application for waterway hazards navigation and identified no hazards or deleterious effects on the neighbors to apply for a new dock. Eight individuals spoke in opposition. One individual spoke in support. In response to comments, Attorney Mytych said the notification requirement is 200 feet. Mr. Pressman said the proposed dock adversely impacts the adjacent property owners. The 200% variance request is massive. The Board has heard from several residents east of the bridge who oppose the proposed dock project. He said the proposed project will be a massive change of dynamic in the harmony of the area and the Applicant has not taken into account the neighbors next door. CDB2024-02-20 5 DocuSign Envelope ID:CF005796-D8B2-4A6B-8FDA-F5DDE832C7B7 Mr. Aungst said this is a quasi-judicial hearing that requires competent substantial evidence to be applied to the specific approval criteria. Clearwater does not have variances but flexibility criteria (Sec. 3-601.c.3), which the staff report indicates the application meets or exceeds conditions of approval. He said hardships are not part of the approval criteria. As noted earlier, the side setback is required to deal with the active utility easement. The competent substantial evidence provided by the Harbormaster clarified that the dock will not impede the Chases'ability to use their existing dock or redevelop a dock. Mr. Carrier said the Chases'dock is approximately 10 ft. from the extended property line, the proposed dock will be approximately 28 ft. from the extended property line, providing the Chases with approximately 40 ft. of usable riparian access to their dock. He said in order to submit the request to Pinellas County, the Applicant must obtain a permit from the City of Clearwater. Pinellas County can act on behalf of the ACOE, but typically do not with these types of projects. Mr. Carrier said the ACOE and the Southwest Water Management District (SWFWMD) are expecting applications. In response to a question, Mr. Carrier said Pinellas County will not release a permit until the Applicant obtains a permit from ACOE and lease approval from the State. Attorney Mytych said the agreed upon condition is as follows: "the subject slips shall not be rented, leased, or sold to the general public and shall be for the sole benefit and use of the upland condo association. This requirement shall be included as a restriction in the condo association documents for the upland condo association." Discussion ensued with comments made that the individuals who spoke in opposition today need expert witnesses to compete with the expert witnesses who spoke today, that the purview of the Board is to apply city code and only consider the evidence presented at the hearing, that the evidence presented today meets city code, and that DEP, ACOS, Pinellas County, and SWFWMD will review the proposal before a lease is granted. Board Member Boutzoukas moved to approve case FLD2023-11023, 1028 Sunset Point Road, based on evidence in the record, including the application(s) and the Staff Report(s), and hereby adopt the Findings of Fact and Conclusions of Law stated in the Staff Report(s), with the additional condition, "the subject slips shall not be rented, leased, or sold to the general public and shall be for the sole benefit and use of the upland condo association, and this requirement shall be included as a restriction in the condo association documents for the upland condo association." The motion was duly seconded and carried with the following vote: Ayes: Chair Quattrocki, Vice Chair Bruce Rector, Board Member Achinelli, CDB2024-02-20 6 DocuSign Envelope ID:CF005796-D8B2-4A6B-8FDA-F5DDE832C7B7 Board Member Boutzoukas, Board Member Haudicourt, and Board Member Park Nays: Board Member Hupp 2. Case: FLD2021-03004— 205 South Martin Luther King, Jr. Avenue Level Two Application Owner(s): Community Redev Agency of the City of Clrwtr FL Applicant: Peter H. Leach, SP Clearwater WFH LLC; 5403 Gray Street, Tampa, FL, 33609; phone: (813) 288-6988; email: pleach@sphome.com Location: 3.358-acre property bound by South Martin Luther King, Jr. Avenue (west), South Washington Avenue (east) and Gould Street (south) Request: One-year development order time extension for 173-unit attached dwelling development originally approved by the Community Development Board on June 15, 2021. (Community Development Code Section 4-407) Assigned Planner: Lauren Matzke, AICP, Assistant Planning and Development Director; email:Iauren.matke@myclearwater.com; phone: 727-444-8702 Attorney Mytych requested Lauren Matzke be accepted as an expert witness in general planning, zoning, annexations, zoning/land use amendments, demographics/site plan analysis, land development code and land development code amendments, comprehensive plans, special area plans, overlay districts, and site plan review. Vice Chair Rector moved to accept Ms. Matzke as an expert witness in general planning, zoning, annexations, zoning/land use amendments, demographics/site plan analysis, land development code and land development code amendments, comprehensive plans, special area plans, overlay districts, and site plan review.. The motion was duly seconded and carried unanimously. Ms. Matzke reviewed the request. In response to questions, Ms. Matzke said this would be the first time the Board will consider granting an extension. City code allows the Board to grant a 1-year extension one time. She said the first extension was granted by the Planning and Development Director and a second extension was granted through an emergency order that was applied to the local area. The applicant is working through the last bits of logistics. Member Rector moved to approve Case FLD2021-03004, 205 South Martin Luther King, Jr. Avenue, based on evidence in the record, including the application(s) and the Staff Report(s), and hereby adopt the Findings of Fact and Conclusions of Law stated in the Staff Report(s). The motion was duly seconded and carried unanimously. G. DIRECTOR'S ITEMS - None. H. ADJOURNMENT CDB2024-02-20 7 DocuSign Envelope ID:CF005796-D8B2-4A6B-8FDA-F5DDE832C7B7 The meeting adjourned at 2:49 p.m. DocuSigned by: OE89FBABE50A440DS ... Chair, Community Development Board Attest: E "DocuSigned by: y�f-P.YY1.Cll1l.P� 620DD5FEDFFE4CF... City Clerk CDB2024-02-20 8 INDIVIDUAL SPEAKER Citizen Comment Card Name: /4/Ma. h/ A 1 Address: / /4' 7 S teure I jdn five, City: C - v} Zip: ;3755 -- Telephone 5—,Telephone Number: . 72 % yLJ 3-7 7 Email Address: '� c£' CkC h •eft: `) Speaking under citizens to be heard re items not on the agenda? ❑ Agenda items) to which you wish to speak: 0cL e What is your position on the item? For Against INDIVIDUAL SPEAKER Citizen Comment Card Name: Address: l g b cr •APf+ct-iLrkai City: (17" -P -R 6� el Zip: 3 52'. Telephone Number: 7°L7 l l � Email Address: e j 0 k Q rinA / c. G6 Speaking under citizens to be heard re items not on the agenda? ❑ Agenda item(s) to which you wish to speak. S 1 rJ() S6 Chi .c E < Dom What is your position on the item? For Against/ INDIVIDUAL SPEAKER Citizen Comment Card Name: f�--�,1,,.,2 Address: I `( 1 cl City: Zip: 3-231S to Telephone Number: Email Address: Speaking under citizens to be heard re items not on the agenda?)4 Agenda item(s) to which you wish to speak: X1.1\7 23 What is your position on the item? For Against y' INDIVIDUAL SPEAKER Citizen Comrreryt Card ,1/j4/1--a-J/11,,, Name: Address: City: Telephone Number: Email Address: C �o��3li� Speaking under citizens to be heard re items not on the agenda? ❑ Agenda item(s) to which you wish to speak- 0O2.-3(/ What is your position on the item? For Against INDIVIDUAL SPEAKER Citizen Comment Card Name: Address: City: ShOX \174�re-- Telephone Number: Zip: 7S) 1(( Lf7S/ Email Address: \ikL r\, ojpg 'lob, Speaking under citizens to be heard re items not on the agenda? ❑ ? Agenda item(s) to which you wish to speak. o QLD Q 3- 1023 What is your position on the item? For Against INDIVIDUAL SPEAKER Citizen Comment Card Name: Address: / 6ja 1 �1iFti-Soil City:71 l 1121.0Zip: 33755 Telephone Number: 7-2 414- a5CS Email Address: 0:1-14 0 EA) 2MTi2 1+371U4-. Cvn Speaking under citizens to be heard re items not on the agenda? ❑ Agenda item(s)�to which you wish to speak: c What is your position on the item? For Against 1%K CITY OF CLEARWATER CI.I:.ARVI \TER PLANNING & DIATI oP IENT, POST OFFICE Boa. 4748, (I E RICATER, FwRmA 33758-4748 MUNICIPAL SHIN ICES BUILDING, 100 SOUTH MYRTLE AVENUE, NUE, CLEARUATER, FLORIDA 33756 TELEPHONE 727) 562-4567 TO: Community Development Board Members FROM: Gina Clayton, Planning and Development Director SUBJECT: Agenda Items February 20, 2024 DATE: February 15, 2024 Community Development Board Packets being distributed contain the following: Unapproved minutes of January 18, 2024 Level Two Applications (Items 1-2) 1. FLD2023- 1023 —1028 Sunset Point Road Assine lanner: Melissa Hauck -Baker Yes: ' No: 2. FLD201-03004 — 205 South Martin Luther King, Jr. Avenue Assigned Planner: Lauren Matzke Yes: No: I have condu Signature: Print Name: sonal investi on the personal site visit to the following properties. Date: A - / 7 "moi J)//q-77L Prepared by: Isabel Winget, Administrative Assistant CITY �� T '� �� �� l� L E 4 R W A T T7 R uaARWATER PLANNING mDEVELOPMENT, POST OFFICE BOX 4748,osmvom.FLORIDA B758 -474o MUNICIPAL SERVICES ou^umo 100 SOUTH MYRTLE AVENUE, uLE^mxATEx.FLORIDA »s7s TELEPHONE (7z7)s6z4uo7 TO: Community Development Board Members FROM: Gina Clayton, Planning and Development Director SUBJECT: Agenda Items February 20, 2024 DATE: February 15, 2024 Community Development Boarcl Packetsbeing distributed contain the following: Unapproved minutes ofJanuary 18, 2024 Level Two Applications (Items 1-2) 1. FLD2023-11023 — 1028 Sunset Point Road Assigned Planner: Melissa Hauck -Baker 2. FLD2OZ1-030U4-2OSSouth Martin Luther King, Jr. Avenue Assigned Planrier: Lauren Matzke Yes: No: I have conduc d persia the personal site visit to the f ng properties. Signature: Date: 10 if Prepared by: IsabeWinget, Administrative Assistant CITY OF CLEARWATER CLEARwATER PLANNING & DEVELOPMENT, POST OFFICE Box 4748, CELARwATER, 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 SUBJECT: Agenda Items February 20, 2024 DATE: February 15, 2024 Community Development Board Packets being distributed contain the following: Unapproved minutes ofJanuary 18, 2024 Level Two Applications (Items 1-2) 1. FLD2023-11023 — 1028 Sunset Point Road Assigned0 lanner: Melissa Hauck -Baker Yes: No: 2. FLD2021-03004 — 205 South Martin Luther King, Jr. Avenue Assigned lanner: Lauren Matzke Yes: No: I have co •olital. esti:ation on the .ersonal site visit to the following properties. Si nat Araff*. 0-4‘r Date: 5zi.2_,Atal Print vorrxee-ii; Prepared by: Isabel Winget, Administrative Assistant