Planning Commission Meeting

THE CITY OF MADEIRA BEACH, FLORIDA LOCAL PLANNING AGENCY PLANNING COMMISSION Madeira Beach City Hall Patricia Shontz Commission Chambers 300 Municipal Drive Madeira Beach, FL 33708 www.madeirabeachfl.gov 727.391.9951 March 22, 2021 - MINUTES I. CALL TO ORDER The meeting was called to order at 6:00 P.M. by Chairman Michael Noble II. ROLL CALL Members in Attendance Commissioner Gaither Commissioner Brooks Commissioner Preston Commissioner Kerr Commissioner Wyckoff Chairman Noble Members Absent None Non-Members In attendance: Kevin Bowden Jeff Beggins Jack Bodziak Jim Beggins Doc Jon Staff Representatives: Linda Portal, Planning & Zoning Director Jerry Murphy, Consultant Jenny Rowan, Planner Andrew Morris, Planner Tamara Harvie, Board Secretary City Legal Representative: Robert Eschenfelder, Trask-Daigneault Attorneys III. PUBLIC COMMENT Board Secretary notified the Chair that Ms. Portal would read a public comment email into the record. Ms. Portal said the comment relates to agenda item B so she will read it for the record at that time. 1 IV. APPROVAL OF THE MINUTES The vote to approve the minutes of 2.15.21 passed unanimously. V. NEW BUSINESS The vote to move item C to item B passed unanimously. C. Coastal Management Element text revision CCMP-Model-Language-Guidelines • Jerry Murphy presented the Coastal Management Element. • Commissioner Wyckoff asked Mr. Murphy if he was looking for the Commission to determine if they should go for the broader end of the spectrum or the stringent and then in latter meetings, break down each one of these elements to look at them individually. • Mr. Murphy answered that for the comprehensive coastal management plan yes, the direction for general or specific and then we would bring those back in an ordinance format without the ordinance because we aren’t there yet. There is a page missing, or a page that has been duplicated so you do not have the entire package. You may just want to table it so that you have the best information and just focus on the coastal conservation element itself. • Commissioner Kerr made a comment, but the tape was inaudible at 36:51. • Jerry Murphy replied no, the specific includes the ideas of the broad but they are more specific policies. • Commissioner Kerr said okay, the numbering, I thought maybe both specifically included all the general but then drilled down on each of those. • Jerry Murphy said no, they are numbered differently just to keep them separated to avoid confusion, kind of like the confusion we have currently in the comprehensive plan regarding each element being numbered the same which we’re addressing as part of this as well. • Commissioner Preston said that he would consider the broad more than the stringent because as stringent we have enforcement issues, so we do not have the manpower to do this. I guess as issues come up the broad would be a much better option. • Commissioner Preston said on page 57, policy 2, that it has to do with how often they give training, but it does not say that here. • Mr. Murphy said that is usually done annually but Pinellas County is in the driver’s seat with us saying we are going to cooperate; this is a standing policy. • Linda Portal said we sponsor a specific workshop or seminar every year for the island communities, and we have been coordinating with the County so that all the islands can get full LMS and CRS credit. We have one coming up, and we are trying to plan one for April that includes an expo for the public. • Commissioner Preston said he thought they did this every year which is why I do not understand why we don’t put it in there. • Linda Portal said we do, and there are requirements for us to either hold one, or participate in one annually; it is a requirement of our other programs, the LMS and CRS, we could put that in. • Commissioner Preston said he thinks it is beneficial to the community. 2  • Mr. Murphy asked if we added the word annual between sponsor and preparedness, would that address it? • Commissioner Preston said yes. • Linda Portal said that when you are making decisions about whether to be stringent or specific to really look through each side of the policy because we will have to embrace the issues of sea level rise and the impact it is having on environmental quality. You may find things in the stringent or specific section you think would complement things on the other side, so it is not an all or nothing situation. They may already be included generally under broad or general, but it is worth reading both sides. We could have some set of policy that may be broad but has specifics on things we know we will have to get our heads and heart around, and the way we deal with coastal and environmental issues. Commissioner Wyckoff moved to work on the broad or general version of the CCMP Crosswalk model language guidelines going forward. Commissioner Kerr seconded the motion and the vote passed 5 to 1. A. Schooner Rezoning to Planned Development PD2021-01 - Development Agreement Linda Portal said that at this time we would allow the petitioner to come up and make their presentation first and staff can make comments and that gives us an opportunity to respond but I think there is at least one typo in the chart on the building code summary and things like that, so its better to have all the information and get their thoughts on its project and see what they have to say. You already have the staff report, and we can go over that in more detail. Chairman Noble said we will jump to agenda item 5B. B. Schooner Rezoning to Planned Development – Schooner Full Set – Staff Report Final • Jeff Beggins, 429 Boca Ciega Drive, one of the owners of the new Schooner spoke to the Commission. • Linda Portal interjected that we have legal representation here, this is a quasi-judicial meeting so it’s good for us to be reminded what the procedures are and get everybody that is testifying to be sworn in. • Robert Eschenfelder with the City Attorney’s office and the Board Attorney, asked everyone who is going to testify tonight, including those who already spoke, to stand and raise their right hand to be sworn in. • Kevin Bowden, Owner of the Schooner Hotel, spoke to the Commission. • Jack Bodziak spoke to the Commission and displayed presentation boards. • Commissioner Gaither stated that Mr. Bodziak mentioned that across the street on the east side there is a plan for potential commercial development on the bottom. In the meantime, while this is built would that be parking. • Mr. Bodziak said no, in the meantime just parking. It is a single level initially and if the intent down the road was to build, they would go with a second level of parking above. • Commissioner Kerr made a comment regarding the Comp. Plan and setbacks off Gulf Blvd; increased footage on each level and said that building heights seem to be the biggest concern. • Linda Portal said we would like to see a more urban and pedestrian friendly standard for development, with activities and interesting developments along Gulf Blvd., closer to the sidewalk with parking in the rear. 3 • Jack Bodziak said moving the building up to the street would require an entirely new plan. • Commissioner Noble asked if they had spoken to Pinellas County about moving the crosswalk. • Kevin Bowden said it would have to be an FDOT project. • Commissioner Noble said he thinks it is a good idea to move the crosswalk, but it would be beneficial to get Pinellas County involved. • Linda Portal said you cannot have a zoning amend itself later, this is the whole point of the PD. You cannot get approval from FDOT or any state agency until the zoning is approved. • Commissioner Preston asked if there would be another public meeting and if they were beyond any public input. • Linda Portal said this is a two-part meeting. You will not be voting tonight because we were technically concerned that one of the maps could have been misread, so we did another notice and mailing. Tonight, we are having a discussion, continue it until the April 5th meeting and then you can be open for public hearing if anyone new shows up that night, then close it and vote. • Commissioner Preston said the building is nine stories, and it is when you mislead people that they get up in arms. • Jack Bodziak explained that it’s typically described as above parking. • Commissioner Preston asked if they were going to have restaurant facilities. • Jack Bodziak said there is one for the hotel. • Commissioner Preston asked if it would be a hotel restaurant rather than a public restaurant. • Jack Bodziak said yes, the primary focus is as a hotel restaurant. • Commissioner Preston asked Linda Portal if they were going to have all the grief that they had with Town Center. • Linda Portal said the reason there was a lot of grief with the Town Center is because our codes were not clear. We have spent a lot of effort with the development community and regulators as well as our attorneys to review the amendments to our PD ordinance to ensure that we are getting everything we need, we are advertising properly, and we are not making promises in the Ordinance that aren’t kept in the site plan. Also, this is a very small project compared to the Town Center. • Commissioner asked for clarity that this would be a hotel not a condo. • Mr. Bodziak said yes, hotel not condo. • Linda Portal said you cannot make the hotel non-conforming. • Linda Portal talked about some of the conditions from the PD for the site plan. We recommend that those conditions be included in your recommendation for approval and forwarding to the City Commission. • Commissioner Noble asked for clarification that the LPA can make a recommendation, but the City Commission does not have to accept that. • Linda Portal said yes, with zoning that is true, but when we come back for site plan the LPA will be the final authority. • Linda Portal talked about recreation activity on the beach, lighting, and environmental issues and suggested that they make all their motions for the findings and recommendations at the final vote. • Commissioner Kerr stated that we are just talking about the zoning. 4 • Linda Portal concurred and said with the PD you can get more specific than you would with standard zoning. • Commissioner Wyckoff asked if there was intention to have food service on the beach, and if there is, is there a consideration for environmental mitigation. • Linda Portal replied that we have not evaluated this for that kind of impact. It would require a different level of traffic impact, environmental impact, hurricane requirements and parking impacts. • Commissioner Wyckoff asked if they could limit the service to hotel guests only and could that be policed. • Linda Portal said not unless the City wants to hire more code enforcement. • Kevin Bowden said the intent is to operate a full-service hotel where we are catering to our hotel guests but would like guests to walk up from the beach for service. • Linda Portal said that zoning cannot be specific to the person standing in front of you. If you have something specific in the plan, or something you don’t want to happen on a development and it’s a PD then you need to specify that in recommendations. • Kevin Bowden asked if they are currently not allowed to have people at the restaurant or bar that aren’t hotel guests. • Linda Portal explained that the permanent placement of tables for ongoing restaurant activity increases the capacity of the restaurant and the impacts. This would have to be addressed just like the parking; the movement, chairs and tables on the beach will create a problem and conflict issue with the sea turtles. • Kevin Bowden assured the Commission that they would not create conflict with the sea turtles. • Mr. Eschenfelder cautioned the Commission not to throw out general things that you may wish to impose without more thought going into it because some of these things may already be addressed in the code. • Commissioner Kerr asked if Linda was preparing a list of variants from codes that the Commission would be able to see prior to making a vote on that. • Linda Portal said the list that was given to them are actual requirements for a PD and we made sure that they met all the requirements for the PD level concept plan. • Commissioner Kerr asked for understanding of the densities. • Linda Portal said this PD is a unified plan that does include the piece of property across the street and that is where the parking is expected to go right now. • Commissioner Kerr asked if this was approved and if DOT approved it and the value of the property became higher and the owners decided not to develop it and sell it to someone else to develop… • Linda Portal said this site plan establishes the densities and intensities of those two properties together so if they tried to sell it to do something else, they would have to do a zone change. • Commissioner Preston asked if similar language would be used in this plan as Caddy’s who has language for alcohol to be kept on the property rather than the beach. • Commissioner Kerr asked where we would put language regarding tables etc. on the beach. • Linda Portal said that if you’re worried about the impact on the beach, it should be in the PD. If you don’t want activity or want to limit activity on the beach this is the place for it. 5  • Commissioner Preston asked how we would put language in there that limits patrons to their facilities instead of trashing up the beach. • Linda Portal said let us see what options you think are appropriate and we will bring that to the next meeting. Public Comment: In favor of: 1. Curt Miller, 14603 Gulf Blvd., Madeira Beach, FL 33708 Opposed: 2. Mike Burke, via email read by Linda Portal, 14401 Gulf Blvd., Madeira Beach, FL 33708 OLD BUSINESS There was no old business. VI. ADMINISTRATIVE PRESENTATION Linda Portal explained FEMA policies and the procedures, program criteria and processes. Commissioner Preston requested an agenda item at the next meeting to discuss parking requirements. VII. NEXT MEETING April 5, 2021 VIII. ADJOURN Chairman Noble adjourned the meeting at 8:05 PM Respectfully submitted: _______________________________________ _______________________ Michael Noble, Chairman Date _______________________________________ ________________________ 6 Tamara Harvie, Board Secretary Date 7