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10/15/2024 COMMUNITY DEVELOPMENT BOARD MEETING MINUTES CITY OF CLEARWATER October 15, 2024 Roll Call Present 5 -, Board Member Aubrey Haudricourt, Board Member Mike Mastruserio, Board Member Andrew Hupp, Board Member Andrew Park, and Alt. Board Member Kurt Hinrichs Absent 3 — Chair John Quattrocki, Vice Chair Michael Boutzoukas, Board Member Diane Achinelli Also Present — Jay Daigneault —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 (Activated at 00:21:30) The meeting was called to order at 1:00 p.m. Attorney Daigneault welcomed all to the meeting and requested a motion to select a Chair for the meeting as the Board's Chair and Vice Chair will not be in attendance today. Board Member Hupp moved to appoint Board Member Hinrichs as Chair for this meeting. The motion was duly seconded and carried unanimously. B. ROLL CALL C. APPROVAL OF MINUTES FROM THE PRIOR MEETING AUGUST 8, 2024 Board Member Haudricourt moved to approve the minutes from the August 8, 2024 meeting. The motion was duly seconded and carried unanimously. CDB 2024-10-15 1 D. CITIZENS TO BE HEARD RE: ITEMS NOT ON THE AGENDA - None. E. REQUEST FOR CONTINUANCES (ITEMS 1-1)- 1. Case: TA2024-07002 —Amendments to the Community Development Code Level Three Application Applicant: City of Clearwater, Planning and Development Department Request: Amendments to the Community Development Code to require a percentage of landscaped areas in front yards for residentially zoned properties, clarify the use or organic mulch, establish regulations to allow the use of artificial turf citywide, limit the use of nonliving landscape materials, update property maintenance standards, establish new, update existing, and delete definitions, establish a fee for an artificial turf permit, and update section references. Associations: Clearwater Neighborhoods Coalition, Board of County Commissioners, Pinellas County School Board Assigned Planner: Jayme Lopko, Long Range Planning Manager; email. jayme.lopko@myclearwater.com; phone: 727-444-8776 (Activated at 00:26:05) In response to a question, Planning and Development Assistant Director Lauren Matzke said staff is seeking a continuance to the next meeting. Board Member Haudricourt moved to continue Case TA2024-07002, Amendments to the Community Development Code, to the November 19, 2024. The motion was duly seconded and carried unanimously. F. 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. Board Member Hupp requested to remove Items F1 and F2 from the Consent Agenda. Bill Jonson requested to remove Item F.3 from the Consent Agenda. Mr. Daigneault said since there is less than a full board, applicants have a right to continue the item to the next regularly scheduled meeting. He also advised that the Board cannot approve anything with less than four members voting affirmatively. Applicants in attendance declined to continue their item to the next meeting. CDB 2024-10-15 2 1. Case: FLD2024-07017 — 691 Harbor Island Level Two Application Owner/Applicant: Brooke Enterprises, LLC Representative: Brian J. Aungst, Jr., Macfarlane Ferguson & McMullen, 625 Court Street, Clearwater, FL, 33756; phone: (727) 444-1403; email: bja@macfar.com Location: East side of Harbor Island approximately 650 feet north of Harbor Passage. (0.257 acres) Request: Flexible Development approval to construct a 548 square foot dock, 95 feet in length with two covered boatlifts as accessory to the detached dwelling use located in the Low Medium Density Residential/Island Estates Neighborhood Conservation Overlay (LMDR/IENCOD) District for the property located at 691 Harbor Island. Requested is a deviation of dock length and boatlift setback. (Community Development Code Section 3-601.C.1.g) Associations: Island Estates Civic Association, Clearwater Neighborhoods Coalition, Board of County Commissioners, Pinellas County School Board Assigned Planner: Melissa Hauck-Baker, AICP, Planner III; email- Melissa.Hauckbaker@MyClearwater.com- mail:Melissa.Hauckbaker@MyClearwater.com; phone-727-444-8769 (Activated at 00:38:08) Attorney Mytych requested that Melissa Hauck Baker be accepted as an expert witness in the areas of general planning, zoning, redevelopment planning, land development code, land development code amendments, special area plans, overlay districts, site plan review, landscape architecture, historic preservation, comprehensive sign program, and all other matters she is about to testify. Board Member Hupp moved to accept Melissa Hauck-Baker as an expert witness. The motion was duly seconded and carried unanimously. Ms. Hauck-Baker provided a PowerPoint presentation. In response to questions, Ms. Hauck-Baker said the seagrass bed is considered an environmentally sensitive area, the dock code specifically addresses that in order to seek deviation for a dock at a single-family property, the deviation of a dock of lesser length poses a threat to the marine environment, natural resources, wetland habitats, or water quality. Staff is not allowed to approve administratively a dock that goes over seagrass beds. The property owner would need a licensed professional to conduct a benthic survey and document the existing conditions. She said if there is a question as to why a dock is being designed in a certain manner, such as an environmentally sensitive resource, a benthic survey is needed. If an application did not mention the seagrass beds and met CDB 2024-10-15 3 the length/width/setback requirements, staff would be charged with approving the county application based on city code. She said Pinellas County is the only issuing entity for a dock or boat lift. The code requires that boatlifts and catwalks must have a minimum setback of 10 feet. The project is subject to a 10-foot side setback requirement back to the boatlift. In response to a question, Attorney Mytych said staff will provide the Board information regarding sea grass beds at a later date. Applicant representative Brian Aungst requested Al Carrier be accepted as an expert witness in all aspects of civil engineering, site design, permitting, marina design, dock design, and marina and dock permitting. He provided a copy of Mr. Carrier's resume. Board Member Park moved to approve Mr. Carrier as an expert witness. The motion was duly seconded and carried unanimously. Mr. Aungst and Mr. Carrier provided a PowerPoint presentation. In response to questions, Mr. Carrier said the report submitted by Quest cites what was found and its location. If the proposed slip was parallel to the seawall, only one slip could be located instead of two. He said residential docks are permitted to moor two boats. One of the restrictions placed by the Clearwater Harbormaster was that there be no tie poles located farther than the dock as shown on the application. Mr. Aungst said boatlift sizes are not for the Board's consideration. He said the only neighbor impacted by the applicant's request approved the 5.6 setback and Pinellas County requires the proposed dock length due to the seagrass bed. Mr. Carrier said boats are allowed to extend beyond the roof, but the proposed roofline is to cover the boat. Attorney Mytych said the Harbormaster stipulated that no tie pilings be allowed past the end of the proposed roof structure to the east. Mr. Mytych said this stipulation would be an additional condition of approval. One individual questioned if the slips would be parallel to the seawall. Mr. Carrier said the bow of the boat will be facing into the seawall. The boats will not be parallel to the seawall because it may impede on the neighbor's riparian rights to the north and south if they build a dock in the future. Mr. Aungst said city approval is the first step in the approval process. City code requires that the dock length not impact the marine life or the sea grasses. He reviewed the request and said the applicant accepts the CDB 2024-10-15 4 condition of approval that there be no tie poles extending seaward of the roof structure. Board Member Park moved to recommend approval of Case FLD2024-07017, 691 Harbor Island, 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 with conditions of approval as listed, to include the additional condition of approval that no tie pilings be allowed past the end of the proposed roof structure to the east. The motion was duly seconded and carried with the following vote: Aye: Chair Hinrichs, Board Members Mastruserio and Park Nay: Board Members Hupp and Haudricourt Attorney Daigneault said since the motion carried with a 3:2 vote, the item will be agendaded for next month's meeting. 2. Case: FLD2023-05011 — 685 & 689 Bay Esplanade Level Two Application Owner(s). Peter Pan Developments LLC and Peter Pan Dev Applicant: Housh Ghovaee, Northside Engineering, Inc., 300 S. Belcher Road, Clearwater, FL, 33765; phone: (727) 822-4151; email: housh@northsideengineering.net Location: Southeast corner of Bay Esplanade and Somerset Street. (0.313 acres) Request: Flexible Development approval to construct a nine-unit Resort Attached Dwelling use in the Tourist (T) zoning district, Old Florida Character District of Beach by Design for the properties located at 685 and 689 Bay Esplanade. The building will not exceed 50 feet for the first 60 linear feet south of Somerset Street, will not exceed a maximum height of 65 feet elsewhere and 14 parking spaces are proposed. Requested is flexibility for height. (Community Development Code Section 2-8031. and Beach by Design) Associations: Clearwater Neighborhoods Coalition, Board of County Commissioners, Pinellas County School Board Assigned Planner: Melissa Hauck-Baker, AICP, Planner III; email- Melissa.Hauckbaker@MyClearwater.com- mail:Melissa.Hauckbaker@MyClearwater.com; phone: 727-444-8769 (Activated at 01:29:37) Attorney Mytych requested that Melissa Hauck Baker be accepted as an expert witness in the areas of general planning, zoning, redevelopment CDB 2024-10-15 5 planning, land development code, land development code amendments, special area plans, overlay districts, site plan review, landscape architecture, historic preservation, comprehensive sign program, and all other matters she is about to testify. Board Member Hupp moved to accept Melissa Hauck-Baker as an expert witness. The motion was duly seconded and carried unanimously. Ms. Hauck-Baker provided a PowerPoint presentation. In response to questions, Ms. Hauck-Baker said a resort attached dwelling is a dwelling that can be rented for any time period. An attached dwelling is limited to a minimum 30-day rental period in a residential district. Ms. Matzke said the difference between a resort attached dwelling versus overnight accommodations or a hotel use is the density because it is still limited by the residential density, which is fewer units than a rooms per acre calculation for overnight accommodations. Ms. Hauck-Baker said the reason the item is before the Board as a Level Two application is due to the height, the applicant is proposing to go up to 65 feet. If the height was limited to a maximum of 50 ft. for the entire structure, the application would have been handled as a Level One by the Development Review Committee. She said if the property was not located in the Old Florida Character district, the proposed structure could go up to 100 feet. The proposed project is being designed to meet the anticipation of the fulfilled completion of Beach by Design. She said the existing development is non- conforming and the parking is in the right-of-way area. The development is located within the FEMA flood hazard level, when it floods, the first floor residential units lose everything. She said the proposed building will comply with FEMA requirements. Attorney Mytych said Beach by Design lays out the range of heights and the different levels of approvals based on the desired height are outlined in the code. A concern was expressed with the proposed height. Applicant representative Housh Ghovaee reviewed the request and said the application before the Board is a result of working with staff throughout the application process. Two individuals spoke in opposition. Board Member Mastruserio moved to recommend approval of Case FLD2023-05011, 685 & 689 Bay Esplanade, based on the evidence CDB 2024-10-15 6 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 with conditions of approval as listed. The motion was duly seconded and carried unanimously. 3. Case: TA2024-08003 — Murals and Downtown Window Signage Level Three Application Applicant: City of Clearwater, Planning and Development Department Request: Amendments to the Community Development Code to clarify definitions for artwork and murals (applicable citywide) and to modify window signage standards in Downtown. Associations: Clearwater Neighborhoods Coalition, Board of County Commissioners, Pinellas County School Board Assigned Planner: Lauren Matzke, Planning & Development Assistant Director; email. lauren.matzke@myclearwater.com; phone: 727-444-8702 (Activated at 02:02:19) Ms. Matzke reviewed the proposed ordinance described in the staff report. One individual expressed concerns that the diagrams are not drawn to scale and that there is not enough diversity in signage in the Downtown area. Ms. Matzke said there is a variety of signs allowed in the Downtown sign code. The sign code was designed to be hierarchal in nature. Unfortunately, business owners do not always take advantage of all the types of signs that are allowed. In response to questions, Ms. Matzke said code does not allow the entire window to be covered by signage. The proposed amendment changes the total window coverage from 10% to 25%. She said, in Downtown, new construction or sites with major renovations, are required to have clear storefront windows. Board Member Park moved to recommend approval of Case TA2024- 08003, Murals and Downtown Window Signage, on today's Consent Agenda 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. CDB 2024-10-15 7 G. DIRECTOR'S ITEMS Board Member Mastruserio requested consideration to implement the prayer as part of the meeting agenda as it was done years ago. Discussion ensued with consensus to schedule the discussion for next month. H. ADJOURNMENT The meeting adjourned at 2:58 p.m. Attest: Chair, Community velopment Board CDB 2024-10-18 8 ALBERT P. CARRIER, PE, PSM Civil Engineer, Land Surveyor & Mapper TRANSYSTEMS EDUCATION Bachelor of Civil Engineering Civil Engineering University of South Florida 1993 PROFESSIONAL REGISTRATIONS Florida PSM No. LS6488 Florida Civil PE No. 53990 Dept. of Environmental Protection Qualified Stormwater Management Inspector FDOT Advanced Certified Work Zone Traffic Control PROFESSIONAL AFFILIATIONS Florida Surveying and Mapping Society National Society of Professional Engineers Florida Engineering Society American Society of Civil Engineers Former: Certified Floodplain Manager YEARS OF EXPERIENCE 31 YEARS ALBERT P. CARRIER'S, PE, PSM engineering experience included extensive civil site design and permitting of commercial, residential and governmental facilities including roadway, drainage, utility design, marina design, land planning, feasibility studies and environmental permitting. Mr. Carrier is the Surveyor in responsible charge for land surveying, planning, computations, and preparation of condominium and subdivision plats; boundary and topographic surveys; right-of-way surveys; construction and utility layout; hydrographic surveys; environmental jurisdiction determinations; section breakdown; erosion control lines; accident surveys; as -built surveys; coastal construction control line survey, elevation certification, supervision and on-site inspections. Environmental Permitting includes FDEP Environmental Resource Permitting, FDEP Submerged Land Lease, FDEP Certificate Documenting Waterward Boundary Line, FDEP Butler Act Surveys, SWFWMD Environmental Resource Permitting, Pinellas County Water Navigation Control, Commercial and Multi -Use Dock Permitting, U.S. A.C.O.E. Environmental Permitting and Municipal Permitting. PROJECT EXPERIENCE: Crystal Island Roadway and Drainage Improvement Project Manager for the reconstruction of approximately 2.0 miles of residential roadways on Crystal Island. The work included the reconstruction of the roadways including base, sub -base asphalt and curbs, upgrade of the stormwater collection system and 13 stormwater outfalls, replacement of the sanitary sewer forcemain with a subaqueous directional drill, replacement of the seawalls and box culverts on Flamingo Drive and upgrade the potable water services. City of Madeira Beach Boca Ciega Drive Roadway and Drainage Improvement The project is a cooperative funding project through SWFWMD and FDEP that involves roadway, drainage, utilities, TMDL water quality improvements and permitting for a 48 acre residential neighborhood. Stormwater BMPs include Pervious Concrete and Nutrient Separating Baffle Boxes. Services include right of way and topographic survey, civil engineering, permitting and construction management. City of Madeira Beach Harbor Drive & 2nd Street Drainage & Roadway improvement Project Manager for services including right of way and topographic survey, civil engineering, permitting and construction management for the roadway and stormwater improvements including a new stormwater outfall and wapro check valve. City of Belleair Beach Druid/Corbett Roadway & Drainage Improvements Project Manager for services including right of way and topographic survey of approximately two miles of residential roadways, preparation of construction plans, specifications and permitting for the re -construction and resurfacing of neighborhood roads, stormwater collection improvements and potable water distribution improvements. Town of Belleair ALBERT P. CARRIER, PE, PSM Civil Engineer, Land Surveyor & Mapper TRO:NSYSTEMS PROJECT EXPERIENCE (CONTINUED): Althea Roadway & Drainage Improvements Project Manager for services including right of way survey of a transportation corridor, preparation of construction plans, specifications and permitting for the re -construction and resurfacing of neighborhood roads. Utility relocations and stormwater improvements were also provided. Town of Belleair INDIAN ROCKS ROAD / PONCE DE LEON TRAFFIC CALMING & ROADWAY IMPROVEMENTS Project Manager and project engineer for services include boundary and topographic survey of a transportation corridor and addition of a traffic calming roundabout. Preparation of construction plans, specifications and permitting for the re- construction and resurfacing of neighborhood roads. Utility relocations, stormwater improvements, and a complete replacement of the existing potable water system were also provided. Town of Belleair COREY AVENUE INTERSECTION Preparation of construction plans and specifications for intersections to meet ADA criteria, provided construction inspection services and certifications of compliance. City of St. Pete Beach SEMINOLE WATER FRONT PARK Project Manager for the design, permitting and construction management of the 8 acre passive park adjacent to Lake Seminole. Park amenities include a limit -less playground, ADA accessible exercise trail, boardwalk/fishing pier and kayak launch. City of Seminole MARINA DESIGN & PERMITTING Project engineer for the design & permitting of public, commercial and multi -use marinas including bathymetric survey and submerge land lease surveys. Projects include KOA St. Pete, East Shore Resort Clearwater, Galati Yacht, Papaya Street Observation Pier — City of Clearwater, Marine Max Gulfport, Village at Tierra Verde, St Petersburg Yacht Club —St Petersburg and St Pete Beach sites, Shipwatch, Mariners Cove Marina, Turtle Cove Marina, Salty Rim — St Pete Beach, Marriot — American Legion Drive, Doc Fords — Bay Pines, Hampton Inn — Tampa, Regatta Point Marina — Palmetto, Wharf — St Pete Beach ST PETE BEACH CLASSIC - CITY OF ST PETE BEACH Maintenance of Traffic design for the annual 5k, 10k and''/: marathon race, since 2007. LAND SURVEY PROJECT EXPERIENCE: SOUTH PLANT STREET FROM WEST KENNEDY BOULEVARD TO WEST BAY STREET - CITY OF TAMPA Right-of-way and topographic survey for reclaimed water distribution project WEST BOY SCOUT FROM NORTH MANHATTAN AVENUE TO INTERNATIONAL PLAZA - CITY OF TAMPA Right-of-way and topographic survey for the reclaimed water distribution project