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05/20/2008
COMMUNITY DEVELOPMENT BOARD MEETING MINUTES CITY OF CLEARWATER May 20, 2008 Present: Nicholas C. Fritsch Chair Thomas Coates Vice Chair Dana K. Tallman Board Member Jordan Behar Board Member Frank L. Dame Board Member Doreen DiPolito Board Member Richard Adelson Board Member Norma R. Carlough Alternate Board Member Also Present: Gina Grimes Attorney for the Board Leslie Dougall-Sides Assistant City Attorney Michael L. Delk Planning Director Gina Clayton Assistant Planning Director Patricia O. Sullivan Board Reporter The Chair called the meeting to order at 1:00 p.m. at City Hall, followed by the Invocation and Pledge of Allegiance. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. A. APPROVAL OF MINUTES OF PREVIOUS MEETING: April 15, 2008 Member Behar moved to approve the minutes of the regular meeting of April 15, 2008, as submitted in written summation to each member. The motion was duly seconded and carried unanimously. Alternate Board Member Carlough did not vote. B. 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 – 5) 1. Case: FLD2006-02003 – 701 Pennsylvania Avenue Owner: Clearwater Neighborhood Housing Services, Inc. Representative: E.J. Robinson (608 North Garden Avenue, Clearwater, FL 33755; phone: 727-442-4155; fax: 727-446-4911). Location: 0.095 acres located at the northeast corner of Pennsylvania Avenue and Eldridge Street. Atlas Page: 278A. Zoning District: Medium Density Residential (MDR) District. Request: Extend the time frame of the Development Order. Proposed Use: Detached dwelling. Presenter: Michael Delk, AICP, Planning Director. In his April 21, 2008, memorandum, Planning Director Michael Delk reviewed the request by E.J. Robinson, Construction Manager, Neighbor Works Home Ownership Center for Community Development 2008-05-20 1 a one-year extension of the Development Order due to the condition of the housing market. The CDB (Community Development Board) approved the application on July 18, 2006, with a Development Order expiration of July 18, 2007. In accordance with provisions of Section 4-407 of the Community Development Code for good cause presented in writing, Mr. Delk previously granted a one-year extension to July 18, 2008, for submission of an application for a building permit to construct site improvements conforming to the original development order. Pursuant to Section 4-407, the CDB may approve one additional time extension. Such extension shall not exceed one year, shall be for the project originally approved, and shall be for good cause shown and documented in writing. The CDB must receive the request for this extension within the time frame granted by the Planning Director. Good causes may include, but are not limited to, an unexpected national crisis (acts of war, significant downturn in the national economy, etc.), excessive weather- related delays, and the like. The CDB also may consider whether significant progress on the project is being made and if there are pending or approved Code amendments that would significantly affect the project. See page 19 for motion of approval. 2. Case: FLD2005-06057 – 691 S. Gulfview Blvd. Owner: Enchantment LLC. Representative: Uday Lele, President, Enchantment LLC (691 S. Gulfview Blvd., Clearwater, FL 33767; phone: 800-298-0696). Location: 1.459 total acres located on the south side of South Gulfview Boulevard, approximately 700 feet west of Gulf Boulevard, including 1.359 acres zoned Tourist District and 0.100 acres zoned Open Space/Recreation District. Atlas Page: 285A. Zoning Districts: Tourist (T) and Open Space/Recreation (OS/R) Districts. Request: Extend the time frame of the Development Order. Proposed Use: Attached dwellings (90 condominiums). Presenter: Wayne M. Wells, AICP, Planner III. In his May 9, 2008, memorandum, Senior Planner Wayne Wells reviewed the request by Uday Lele, President, Enchantment, LLC, for a one-year time extension, to September 20, 2009, for this project. Pursuant to Section 4-407 of the Community Development Code, extensions of time “shall be for good cause shown and documented in writing.” The Code further delineates that good cause “may include but are not limited to an unexpected national crisis (acts of war, significant downturn in the national economy, etc.), excessive weather-related delays, and the like.” In this particular case, the applicant has indicated that the project is being delayed for economic reasons as it relates to deteriorating market conditions. Increased construction costs have required changing the architectural firm and adjusting architectural construction drawings to reduce costs while maintaining a quality product. Pursuant to Section 4-407, the Planning Director previously granted a one-year time extension. The Code further directs that the CDB may consider whether significant progress on the project is being made and whether or not there are pending or approved code amendments that would significantly affect the project. It should be noted by the Board that in the intervening Community Development 2008-05-20 2 period subsequent to the original approval, an amendment to the Code affects this project: Section 6-109.B was amended to not allow the conversion of a nonconforming density to a different use. Approval of this project provided for the conversion of nonconforming overnight accommodation density to dwelling unit density. See page 19 for motion of approval. 3. Pulled from Consent Agenda Case: FLD2008-03008 – 711 Cleveland Street Level Two Application Owner/Applicant: Church of Scientology Flag Service Organization, Inc. Representative: James Bond (319 S. Garden Avenue, Clearwater, FL 33756; phone: 727- 638-9088; fax: 727-445-7277). Location: 0.53 acre on the south side of Cleveland Street, approximately 115 feet west of Myrtle Avenue. Atlas Page: 286B. Zoning: Downtown (D) District. Request: Flexible Development approval for an existing 50-room hotel in the Downtown (D) District with a reduction to the minimum off-street parking requirement from 50 spaces to 23 spaces as a Comprehensive Infill Redevelopment Project, pursuant to Community Development Code Section 2-903.C. Proposed Use: Overnight accommodations. Neighborhood Association: Clearwater Neighborhoods Coalition (President, Shelley Kuroghlian, 1821 Springwood Circle S, Clearwater, FL 33763). Presenter: Robert G. Tefft, Planner III. The 0.527-acre subject property is located on the south side of Cleveland Street, approximately 115 feet west of Myrtle Avenue. The subject property is located within the Downtown (D) District and the Downtown Core character district of the Clearwater Downtown Redevelopment Plan and consists of an existing 50-unit hotel (overnight accommodations) with accessory swimming pool and 33 off-street parking spaces. On March 3, 2008, a Comprehensive Infill Redevelopment Project application was submitted for the subject property. Under the development proposal the existing 50-unit hotel will be remodeled with aesthetic improvements consistent with the Design Guidelines set forth in the Clearwater Downtown Redevelopment Plan. In addition, ten existing off-street parking spaces will be eliminated to provide adequate screening to the balance of the off-street parking area as well as a refuse enclosure consistent with the Code. It is noted that the proposed reduction in off-street parking is the reason for the submittal of the proposal as a Comprehensive Infill Redevelopment Project application. The development proposal’s compliance with the various development standards of the CDC (Community Development Code) is discussed below. 1) Density: Pursuant to the Clearwater Downtown Redevelopment Plan, the maximum allowable density for overnight accommodations within the Downtown Core character district is 95-units per acre; therefore the 0.527-acre subject property is permitted a maximum of 50 units. The existing hotel consists of 50-units, which are to remain; thus the proposal is in compliance with the above; 2) Maximum Building Height: Pursuant to the Clearwater Downtown Redevelopment Plan, those properties within the Downtown Core character district that are along Cleveland Street shall have a height consistent with the historic building pattern. The existing building is part of the historic building Community Development 2008-05-20 3 pattern measuring approximately 29.5 feet from the average existing grade, and this height will not be modified with the proposal; 3) Minimum Off-Street Parking: Pursuant to CDC Section 2- 903, within the D District, off-street parking for overnight accommodations is required to be provided at a rate of one space per unit. Therefore, the existing 50 overnight accommodation units require 50 parking spaces. However, as a Comprehensive Infill Redevelopment Project, the minimum off-street parking requirement is as determined by the Community Development Coordinator based upon the specific use and/or the Institute of Transportation Engineers (ITE) Manual standards. The subject property presently consists of 33 off-street parking spaces; however the proposal would reduce this to 23 off-street parking spaces. As a result, a deviation to the minimum off-street parking requirement has been requested and the applicant has provided the following justification for this request (emphasis added): “A Parking Need and Traffic Generation study was prepared concerning the Oak Cove building dated September 11, 2006. That study reviewed the usage of parking facilities at the Fort Harrison Hotel, Osceola Hotel, Sandcastle Hotel, and Yachtsman Hotel which all serve to house parishioners in downtown Clearwater. For the hotel land use, the number of vehicles parked per occupied room varied between a high of 0.28 to a low of 0.10 vehicles per occupied hotel room. The average parking rate was 0.19 vehicles per occupied hotel room. The church function and operation in downtown Clearwater remains the same today as when the earlier study was completed and expected to continue into the foreseeable future.” “Parking usage for the Mariner Hotel has been estimated based upon the parking rate experienced at other church hotels in downtown Clearwater. The 50 hotel rooms, if fully occupied, are expected to need 10 parking spaces. The proposed 23 spaces will, therefore, greatly exceed the number the facility will actually use”. Staff concurs with the above findings that the 50-unit hotel would require only ten off-street parking spaces and that the 23 off-street parking spaces provided with this development proposal will be sufficient given the way in which the property is being used; and 4) Solid Waste Containers and Mechanical Equipment: Pursuant to CDC Section 3-201.D.1, all solid waste containers, recycling or trash handling areas and outside mechanical equipment shall be completely screened from view from public streets and abutting properties by a fence, gate, wall, mounds of earth, or vegetation. The proposed generator will be located toward the center of the property and screened by a mixture of existing and proposed landscaping consistent with the above. The proposed dumpster enclosure will remedy an existing nonconformity on the property by screening the existing dumpster. The enclosure will six feet in height and has been designed so as to be architecturally consistent with the building. There is no outstanding Code Enforcement issue associated with any of the individual subject properties. The Downtown Design Guidelines identify both appropriate and inappropriate direction with regard to various elements associated with new construction and renovations in the Downtown. A review of these Guidelines within the Plan was conducted and the following applicable items were identified: 1) Vehicular Circulation/Access and Parking: The Downtown Design Guidelines state the location, number and design of driveways shall maintain the urban fabric of the Downtown and that parking lots adjacent to rights-of-way shall be screened with either a landscaped buffer or a solid wall three feet in height. The subject property presently consists of a driveway (ingress only) on Cleveland Street that will be retained with this proposal. The driveway is necessary to in order to provide access to and off-street parking for the site. The retention of the driveway will not be inconsistent or out-of-character with the urban fabric of the Downtown. Further, the existing off-street parking is not screened from view from the adjacent rights-of-way. While this development proposal would result in the creation of new Community Development 2008-05-20 4 landscape areas adjacent to the off-street parking spaces, it does not propose landscaping that would screen those parking spaces from view from the rights-of-way. It should also be noted that the landscape area at the northwest corner of the parking area has not been designed so as to be adjacent to the drive aisle; thereby resulting it a large area of excess pavement/pavers, and inadequate screening for the parking area. As such, the proposed landscape areas and landscaping will need to be modified prior to the issuance of any building permits so that adequate screening is provided. Additionally, the Guidelines state the use of interlocking pavers, brick or other similarly textured materials for parking lot surfacing and/or accents should be incorporated into the site design. The proposal meets this requirement with the inclusion of decorative pavers accents at the site driveways. Based upon the above and subject to the attached condition of approval being met, the development proposal is consistent with the above Guidelines; 2) Building Design: The Downtown Design Guidelines state buildings shall have a distinct “base,” “middle” and “cap.” The proposed renovation will result in a clearly defined “base,” “middle” and “cap” consistent with the above. The “base” of the building is distinguished through the application of a raised stucco base, and the “cap” through the appliance of decorative molding along the parapet. The existence of the external hallways and balconies for the hotel prevents a fuller compliance with this Guideline; however the changes proposed to the architectural elevations result in a substantial upgrade toward achieving consistency with this Guideline; 3) Façade Design: The Downtown Design Guidelines state all façades of a building should reflect a unified architectural treatment. The proposed architectural elevations provide a major upgrade to the building façades, which will result in façades that are architecturally consistent with one another. It is noted that the existing mural on the west elevation will be eliminated with the development proposal; 4) Color: The Downtown Design Guidelines state the number and type of building colors should be appropriate for and consistent with the architectural style. The proposed building colors are appropriate for the architectural style of the building and consist of white for the raised stucco base, the banded stucco treatments, doors and window frames; and beige for the principle building façade, banded balcony railings, and cap molding; 5) Visions, Goals, Objectives and Policies: A review of the Clearwater Downtown Redevelopment Plan was conducted and the development proposal has been determined to be consistent with the following Visions, Goals, Objectives and Policies: a) Vision: Quality urban design is critical to new construction and renovated buildings; b) Vision: An adequate parking supply must be available coterminous with new uses; c) Objective 1A: All development within Downtown shall further the Goals, Objectives and Policies of this Plan and shall be consistent with the character districts, the design guidelines and the Downtown (D) District; d) Objective 2H: A variety of parking solutions for motorized and non-motorized vehicles shall be pursued to support redevelopment while maintaining ease of access and parking throughout the Downtown; e) Objective 3D: Redevelopment is encouraged to create a vibrant Downtown environment containing a variety of building forms and styles that respect Downtown’s character and heritage; and f) Policy 1: The Downtown Design Guidelines establish the quality and design features expected for renovation, redevelopment and new construction in Downtown with which all projects must be consistent; and 6) Downtown Core Character District Policies: The following policies governing development within the Downtown Core character district have been identified as being applicable to the development proposal: a) Policy 7: To ensure a pedestrian-friendly and safe environment, driveways shall be discouraged on Cleveland Street between Myrtle and Osceola avenues. The development proposal includes the retention of an existing driveway (ingress only) on Cleveland Street. In order to provide access to and off-street parking for the site it is necessary for the driveway to be retained with the proposal. It is noted that the driveway is being made more pedestrian-friendly and safe through the provision of new landscaping and interlocking pavers that will clearly demarcate the Community Development 2008-05-20 5 existence of the driveway on Cleveland Street and b) Policy 8: Redevelopment and new construction along Cleveland Street shall be compatible with and contribute to pedestrian vitality, human scale and historic fabric. The redevelopment of the property will retain the historic scale of the property and the improvements proposed will further the pedestrian vitality of the site. The DRC (Development Review Committee) reviewed the application and supporting materials at its meeting of April 3, 2008, and deemed the development proposal to be legally sufficient to move forward to the CDB. The Planning Department, having reviewed all evidence submitted by the applicant and requirements of the Community Development Code, finds that there is substantial competent evidence to support the following Findings of Fact: 1) That the 0.527-acre subject property is located on the south side of Cleveland Street, approximately 115 feet west of Myrtle Avenue; 2) That the subject property is located within the Downtown (D) District and the Central Business District (CBD) Future Land Use Plan category; 3) That the subject property is located within the Downtown Core character district of the Clearwater Downtown Redevelopment Plan; and 4) That the proposed building must comply with all applicable Design Guidelines set forth in the Clearwater Downtown Redevelopment Plan. The Planning Department, having made the above findings of fact, reaches the following Conclusions of Law: 1) That the development proposal has been found to be in compliance with the applicable provisions of the Design Guidelines as set forth in the Clearwater Downtown Redevelopment Plan; 2) That the development proposal has been found to be in compliance with the Visions, Goals, Objectives and Policies of the Clearwater Downtown Redevelopment Plan and the South Gateway character district; 3) That the development proposal has been found to be in compliance with the applicable Standards and Criteria as per CDC Section 2-903; 4) That the development proposal has been found to be in compliance with the Flexibility criteria for a Comprehensive Infill Redevelopment Project as per CDC Section 2-903.C; and 5) That the development proposal has been found to be in compliance with the General Standards for Level Two Approvals as per CDC Section 3-913.A. Based upon the above and subject to the attached conditions, the Planning Department recommends approval of the Flexible Development approval for an existing 50-room hotel in the Downtown (D) District with a reduction to the minimum off-street parking requirement from 50 spaces to 23 spaces as a Comprehensive Infill Redevelopment Project, pursuant to Community Development Code Section 2-903.C with Conditions of Approval: 1) That prior to the issuance of any building permits, any outstanding comments of the Engineering Department shall be addressed; 2) That prior to the issuance of any building permits, any outstanding comments of the Fire Department shall be addressed; 3) That prior to the issuance of any building permits, the excess pavement/pavers at the northwest corner of the parking lot must be eliminated and replaced with a landscape area; 4) That prior to the issuance of any building permits, the landscape plan must be revised so that the parking lot shall be screened from the adjacent to rights-of-way with either a landscaped buffer or a solid wall three feet in height; 5) That any/all future signage must meet the requirements of Code and be architecturally integrated with the design of the building with regard to proportion, color, material and finish as part of a final sign package submitted to and approved by Staff prior to the issuance of any permits which includes: 6) All signs fully dimensioned and coordinated in terms of including the same color and font style and size; and a) All signs be constructed of the highest quality materials which are Community Development 2008-05-20 6 coordinated with the colors, materials and architectural style of the building and b) That the final design and color of the building shall be consistent with the architectural elevations submitted to (or as modified by) the CDB, and be approved by staff. Member Coates moved to accept Robert Tefft as an expert witness in the fields of zoning, site plan analysis, code administration and planning in general. The motion was duly seconded and carried unanimously. Alternate Board Member Carlough did not vote. Senior Planner Robert Tefft said amended parking space requirements would follow the property when it is sold. Concern was expressed that reducing parking spaces could exacerbate future limits on parking as downtown redevelopment occurs. Representative James Bond said changes to the parking area will meet Code; a space will be removed to shield the dumpster as required by Code and remaining spaces will be striped to regulation size. Landscaping will be added to triangles next to angled parking. He said Scientology is consolidating its operations downtown and has no plans to sell the subject property. He said hotel guests are parishioners who average one vehicle per five units. Van and shuttle service is provided among Scientology properties. Member Dame moved to approve Case FLD2008-03008 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), with conditions of approval as listed. The motion was duly seconded and carried unanimously. Alternate Board Member Carlough did not vote. 4. Pulled from Consent Agenda Case: FLD2008-03007 – 1573 S. Ft. Harrison Avenue Level Two Application Owner: 1573 LLC. Applicant: Wayne Seifried rd Representative: Trevor Howard, Howard Civil Engineering (1601 3 Street South, Suite A, St. Petersburg, © 33701; phone: 727-490-1784; fax: 727-490-1787; email: Trevor@howardcivilengineering.com). Location: 0.96 acres located on the east side of S. Ft. Harrison Avenue, approximately 500 feet north of Belleair Road. Atlas Page: 313B. Zoning: Commercial (C) District. Request: Flexible Development approval to permit offices and medical clinics in the Commercial (C) District with reductions to the front (west) setback from 25 feet to 13.6 feet (to existing building), 16.3 (to proposed building) and 15 feet (to proposed pavement), a reduction to the side (south) setback from 10 feet to five feet (to existing building), a reduction to the rear (east) setback from 20 feet to 10 feet (to proposed pavement) and an increase to building height from 25 feet to 26.33 feet for an entry parapet, as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-704.C; and a reduction to the perimeter buffer along S. Ft. Harrison Avenue from 15 feet to 13.6 feet (to existing building), as a Comprehensive Landscape Program, under the provisions of Section 3-1202.G. Proposed Use: Offices and medical clinics. Neighborhood Associations: Harbor Oaks Neighborhood Association (President, Bob Fritz, 320 Magnolia Drive, Clearwater, FL 33756; phone: 727-461-9657); Clearwater Neighborhoods Coalition (President, Shelley Kuroghlian, 1821 Springwood Circle S, Clearwater, FL 33763). Community Development 2008-05-20 7 Presenter: Wayne M. Wells, AICP, Planner III. The 0.96-acre is located on the east side of S. Ft. Harrison Avenue, approximately 500 feet north of Belleair Road. The property currently is developed with a two-story warehouse type building that has been vacant for a number of years. There is no paved parking on the premises. There have been two times in the past where improvements have been made to the property without the benefit of building permits. Stop work orders were issued and later those improvements were removed. The first time unapproved improvements were made to the property in 2004, it was calculated that 37 inches of trees also were illegally removed. The Planning Department withheld enforcement action on the illegal tree removal until a future development proposal when tree replacement could be handled with the other proposed site improvements. A restaurant is located to the south of this subject property. Offices are located to the west across S. Ft. Harrison Avenue, with a County retention pond to the north of those offices. A congregate care facility is located to the north, while an assisted living facility is located to the east of the subject property. The proposal is to redevelop the site to permit offices and medical clinics. The existing building will be retained and stair and elevator additions will be constructed, as well as constructing a second floor in the building (presently primarily a two-story open space). Additionally, a paved parking lot, stormwater retention system, and landscaping meeting Code requirements will be constructed. The building will be a total of 10,853 square-feet in floor area (5,570 square-foot first floor; 5,283 square-foot second floor). A total of 44 parking spaces will be constructed, as well as a required loading space. A dumpster enclosure meeting Code requirements will be constructed in the northwest corner of the site. Two stormwater retention ponds will be constructed, one on the east side of the site and one on the north side of the site. The stormwater will outfall into an existing ditch along the north side of the site. A wetland buffer is being provided along this ditch, meeting Code requirements, and an easement will be granted to the City for maintenance of the ditch. The existing building is a two-story, bland, rectangular building. New stairs will be constructed on the northwest corner of the building (west and north sides) to allow egress from the second floor. New internal stairs also will be constructed adjacent to the building entry. A new entrance on the north side, including an elevator, will be constructed to provide access to the building from the parking lot. The existing exterior of the building will be re-stuccoed to provide a uniform appearance. New windows and doors will be cut into the windowless existing building to provide light into both floors of offices. The exterior of the building will be painted primarily light and dark gray colors, with accents of a dark blue on the second floor level of the new stairwell on the northwest corner of the building and a medium-to-dark orange color on the second floor area of the eastern stairwell. A burgundy color will accent the entry area on the north side of the building. The request includes an increase to building height from 25 feet to 26.33 feet for only the parapet over the entry (the flat roof is at a height of 21.33 feet above the finished first floor). 1) Floor Area Ratio: Pursuant to the Section 2-701.1, the maximum floor area ratio (FAR) for properties with a designation of Commercial General (CG) land use is 0.55. The proposed FAR is 0.26. Based upon the above, the development proposal is consistent with the Countywide Future Land Use Plan with regard to the maximum allowable FAR; 2) Impervious Community Development 2008-05-20 8 Surface Ratio (I.S.R.): Pursuant to Section 2-701.1 of the Community Development Code, the maximum allowable I.S.R. is 0.95. The overall proposed I.S.R. is 0.54, which is consistent with the Code provisions; 3) Minimum Lot Area and Width: Pursuant to Tables 2-702 and 2-703 of the Community Development Code, the minimum lot area for offices and medical clinics is 10,000 square-feet. The subject property is 42,000 square-feet in area. Pursuant to the same Table, the minimum lot width for offices and medical clinics is 100 feet. The lot width of this site along South Ft. Harrison Avenue is 280 feet. The proposal is consistent with these Code provisions; 4) Minimum Setbacks: Pursuant to Tables 2-702 and 2-703 of the Community Development Code, the minimum front setback for offices and medical clinics can range between 15 – 25 feet, the minimum side setback can range between zero – 10 feet and the minimum rear setback can range between 10 – 20 feet. The proposal includes reductions to the front (west) setback from 25 feet to 13.6 feet (to existing building), 16.3 (to proposed building) and 15 feet (to proposed pavement), a reduction to the side (south) setback from 10 feet to five feet (to existing building) and a reduction to the rear (east) setback from 20 feet to 10 feet (to proposed pavement). The existing building is located with a front (west) setback of 13.6 feet at the southwest corner of the building, which, being less than the minimum 15 feet allowable under Table 2-704 (and less than the minimum standard of 25 feet), requires the processing of this application as a Comprehensive Infill Redevelopment Project. While this existing two-story building is somewhat imposing upon the view along the street, the proposal is to retain the building at this existing setback while retaining the existing trees in this area and install landscaping to help screen and buffer this existing structure. The existing, rectangular building also is located parallel with the south property line at a five-foot setback. The proposal is to retain the existing building at the existing five-foot side (south) setback, which is acceptable. Due to the location of this existing building at an angle to the front property line along South Ft. Harrison Avenue, the new stairwell to be constructed on the west side of the building will be set back 16.3 feet from the front property line. The proposed stairwell addition will, however, help break up the flatness of the western building façade, while adding visual interest and providing required egress from the second floor. The proposed parking lot for this building will be located at the minimum 15-foot front setback, which is also the minimum perimeter buffer along this street. Parking lots at this minimum 15-foot setback are common within the City. The parking lots for the restaurant to the south and the congregate care facility to the north are at a lesser setback than that proposed for this office/medical clinic building. The location of this proposed parking lot will provide adequate planting areas for the site landscaping. The proposal includes a reduction to the rear (east) setback to allow the proposed parking lot at a 10-foot setback. This proposed rear setback is to a corner of the backup flair for the parking lot. Due to the design of the parking lot at an angle to the rear (east) property line, the southern portion of the parking lot meets the required rear setback. This rear parking area abuts the rear building areas and a wooded area of the adjacent assisted living facility. There is also a three-foot high retaining wall primarily on the assisted living facility property. The reductions to required setbacks can be viewed as necessary to provide a relevant site and building design, given the context of the site and contiguous uses; 5) Maximum Building Height: Pursuant to Tables 2-703 and 2-704 of the Community Development Code, the maximum allowable height for medical clinics is 25 feet, while offices can range between 25 – 50 feet in height. The existing building height is 21.33 feet above the finished first floor, meeting Code requirements. The proposal includes an increase to building height from 25 feet to 26.33 feet for an entry parapet. The increased height of the parapet is only at the entry area on the northern side of the building. This increased height provides building interest at the entrance to the building. The stair and elevator heights are permitted by the Code to be a maximum of 16 feet above the roof deck, which the proposal is minimizing the increased height for these portions of the building. The Community Development 2008-05-20 9 design of this project creates a form and function that will be consistent with and enhance the character of this area, as well as significantly enhancing the existing building design; 6) Minimum Off-Street Parking: Pursuant to Tables 2-703 and 2-704 of the Community Development Code, the minimum required parking for offices is four parking spaces per 1,000 square-feet, while the required parking for medical clinics is a range between 2 – 3 spaces per 1,000 square-feet. The proposal meets the Code required parking for offices (the higher requirement), providing a total of 44 parking spaces at a ratio of four spaces per 1,000 square- feet. The proposal also provides the required loading space on the east side of the building entry. The site design incorporates only one driveway on South Ft. Harrison Avenue. The existing southern driveway will be reconfigured and moved northward, while the existing northern driveway will be removed as part of the site improvements. The reduction in the number of driveways will reduce potential hazards along this stretch of South Ft. Harrison Avenue, as the roadway is narrowing from a four-lane undivided roadway to the south to a two- lane divided roadway to the north of Belleair Rd. The outside lane adjacent to this site is merging to the left. The reduction in the number of driveways at this location will assist northbound motorists by having fewer access points where turning movements could interfere with this merging traffic; 7) Mechanical Equipment: Pursuant to Section 3-201.D.1 of the Community Development Code, all outside mechanical equipment must be screened so as not to be visible from public streets and/or abutting properties. The applicant is proposing mechanical equipment to be located on the roof of the building. At the time of building permit, the plans will need to show how the rooftop units will meet this requirement though screening measures. Any approval of this request should be conditioned on reviewing compliance with this requirement at the building permit stage; 8) Sight Visibility Triangles: Pursuant to Section 3- 904.A of the Community Development Code, to minimize hazards at driveway intersections with South Gulfview Boulevard, no structures or landscaping may be installed which will obstruct views at a level between 30 inches above grade and eight feet above grade within 20-foot sight visibility triangles. The proposed site and landscape design meet this requirement; 9) Utilities: Pursuant to Section 3-911 of the Community Development Code, for development that does not involve a subdivision, all utilities including individual distribution lines shall be installed underground unless such undergrounding is not practicable. The civil site plan for this proposal indicates that all on-site electric and communication lines will be placed underground in conformance with this Code requirement; 10) Landscaping: Pursuant to Section 3-1202.D.1 of the Community Development Code, this site is required a 15-foot wide landscape buffer along South Ft. Harrison Avenue, a 10-foot wide landscape buffer adjacent to the assisted living facility to the rear of the property and adjacent to the congregate care facility to the north of the property, and a five-foot wide landscape buffer adjacent to the restaurant to the south. Buffers are to be planted with one (1) tree every 35 feet and 100% shrub coverage is required. The proposal includes a reduction to the perimeter landscape buffer along South Ft. Harrison Avenue from 15 feet to 13.6 feet (to existing building). The planting of the entire area between the west wall of the existing/proposed building and the front property line offsets the encroachment of this small triangular area of the building into the front landscape buffer. As noted above under the “Existing Conditions” section, the first time unapproved improvements were made to the property in 2004 it was calculated that 37 inches of trees were also illegally removed. The Planning Department withheld enforcement action on the illegal tree removal until a future development proposal where tree replacement could be handled with the other proposed site improvements. A number of existing oak trees are being preserved as part of this site design, on the west side of the building and the east and north sides of the site. Live oak and crape myrtle trees are being planted on-site along the frontage of South Ft. Harrison Avenue, as well as other interior landscape areas and perimeter buffers. The number and size of trees to be Community Development 2008-05-20 10 planted complies with the tree replacement requirements due to the previous removal of trees in 2004. A Tree Preservation Plan prepared by a certified arborist, consulting arborist, landscape architect or other specialist in the field of arboriculture must be submitted prior to the issuance of any permits for this property. The landscape design complies with the landscape code requirements for perimeter, foundation and interior landscaping and should provide visual relief to the building scale and location close to the front property line. Besides the proposed trees, Walter viburnum and dwarf yaupon holly shrubs will be planted in the perimeter, foundation and interior landscape areas. Parson’s juniper groundcover will be planted in interior landscape areas and along the north side of the building. The proposed on-site landscaping complies with and exceeds Code requirements. Prior to the issuance of any permits, the landscape plan will need to be updated to ensure plant counts are correct. It should be noted that, in order to provide an adequate area for maintenance of the ditch along the north property line, the proposed landscaping is being placed close to the parking lot and retention pond. Additionally, there will be a gap in the landscaping next to the dumpster enclosure to provide access by maintenance equipment to this ditch area; 12) Solid Waste: The proposal includes the provision of a Code compliant dumpster enclosure at the north end of the parking area in the northwest corner of the site. The proposal has been found to be acceptable by the City’s Solid Waste Department; 13) Signage: While no specific freestanding or attached signage is proposed at this time, the proposal anticipates a monument-style sign south of the driveway in front of the building. Freestanding signage at this location, and more specifically for the intended uses, would encourage a monument-style sign at a maximum height of six feet, unless a higher sign is approved through a Comprehensive Sign Program. Any future freestanding signage will need to be designed to match the exterior materials and color of the building; and 14) Code Enforcement Analysis: There are no outstanding Code Enforcement issues associated with the subject property. The DRC reviewed the application and supporting materials at its meeting of April 3, 2008, and deemed the development proposal to be sufficient to move forward to the CDB, based upon the following findings of fact and conclusions of law: Findings of Fact: 1) The 0.96 acres is located on the east side of S. Ft. Harrison Avenue, approximately 500 feet north of Belleair Road; 2) The property is currently developed with a two- story warehouse type building that has been vacant for a number of years, with no paved parking on the premises; 3) There have been two times in the past where improvements have been made to the property without the benefit of building permits, with those improvements later removed. When unapproved improvements were made to the property in 2004 it was calculated that 37 inches of trees were also illegally removed; 4) The proposal is to redevelop the site to permit offices and medical clinics; 5) The existing/proposed building will be a total of 10,853 square-feet in floor area (5,570 square-feet first floor; 5,283 square-feet second floor), with stair and elevator additions to be constructed on the west and north sides of the existing building; 6) A total of 44 parking spaces will be constructed, meeting the Code required number of parking spaces for offices (the higher requirement of offices and medical clinics), as well as a required loading space; 7) The existing southern driveway will be reconfigured and moved northward, while the existing northern driveway will be removed as part of the site improvements, decreasing turning movements at this location where northbound lanes are merging thereby increasing safer future conditions; 9) The proposal includes reductions to the front (west) setback from 25 feet to 13.6 feet (to existing building), 16.3 (to proposed building) and 15 feet (to proposed pavement), a reduction to the side (south) setback from 10 feet to five feet (to existing building) and a reduction to the rear (east) setback from 20 feet to 10 feet (to proposed Community Development 2008-05-20 11 pavement); 10) The proposal is to retain the existing building, adding only a required egress stairwell on the west and north sides of the building and an elevator on the north side of the building; 11) The reductions to required setbacks can be viewed as necessary to provide a relevant site and building design, given the context of the site and contiguous uses; 12) The proposal includes an increase to building height from 25 feet to 26.33 feet for an entry parapet. The increased height of the parapet is only at the entry area on the northern side of the building. The existing building otherwise meets Code height requirements; 13) The proposal includes a reduction to the perimeter landscape buffer along South Ft. Harrison Avenue from 15 feet to 13.6 feet (to existing building). The planting of the entire area between the west wall of the existing/proposed building and the front property line offsets the encroachment of this small triangular area of the building into the front landscape buffer; 14) The number and size of trees to be planted complies with the tree replacement requirements due to the previous removal of trees in 2004; and 15) There are no outstanding Code Enforcement issues associated with the subject property. Conclusions of Law: 1) That the development proposal is consistent with the Standards as per Tables 2-701.1, 2-703 and 2-704 of the Community Development Code; 2) That the development proposal is consistent with the Flexibility criteria as per Section 2-704.C of the Community Development Code; 3) That the development proposal is consistent with the General Standards for Level Two Approvals as per Section 3-913 of the Community Development Code; and 4) The proposal is compatible with the adjacent land uses. Based upon the above, the Planning Department recommends approval of the Flexible Development application to permit offices and medical clinics in the Commercial © District with reductions to the front (west) setback from 25 feet to 13.6 feet (to existing building), 16.3 (to proposed building) and 15 feet (to proposed pavement), a reduction to the side (south) setback from 10 feet to five feet (to existing building), a reduction to the rear (east) setback from 20 feet to 10 feet (to proposed pavement) and an increase to building height from 25 feet to 26.33 feet for an entry parapet, as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-704.C; and a reduction to the perimeter buffer along S. Ft. Harrison Avenue from 15 feet to 13.6 feet (to existing building), as a Comprehensive Landscape Program, under the provisions of Section 3-1202.G, with the following Conditions of Approval: 1) That the final design and color of the offices and medical clinic building be consistent with the conceptual elevations submitted to, or as modified by, the CDB; 2) That any future freestanding sign be a monument-style sign and be designed to match the exterior materials and color of the building. The maximum height shall be six feet, unless a higher sign is approved through a Comprehensive Sign Program; 3) That, prior to the issuance of any permits, the landscape plans be amended to ensure plant counts are correct; 4) That, prior to the issuance of any permits, plans show the location of proposed outdoor mechanical equipment and the required screening in accordance with Section 3-201.D; 5) That, prior to the issuance of any permits, a Tree Preservation Plan prepared by a certified arborist, consulting arborist, landscape architect or other specialist in the field of arboriculture be submitted; 6) That, prior to the issuance of any permits, a maintenance easement be recorded in the public records for the ditch along the north property line; 7) That, prior to the issuance of any permits, compliance with all requirements of General Engineering, Traffic Engineering and Stormwater Engineering be met; and 8) That, prior to the issuance of the building permit, the building and accent colors be amended to conform to the Clearwater Downtown Redevelopment Plan Design Guidelines. Community Development 2008-05-20 12 Member Coates moved to accept Wayne Wells as an expert witness in the fields of zoning, site plan analysis, code administration and planning in general. The motion was duly seconded and carried unanimously. Alternate Board Member Carlough did not vote. In response to a concern that proposed paint colors are garish, Senior Planner Wayne Wells reviewed the building’s elevations and its appearance from the road. Additional landscaping would mute the effect. Staff considered the colors bold, not garish. Applicant Wayne Seifried said he was flexible regarding the building’s color scheme. Discussion ensued regarding colors and fading issues. It was suggested that the downtown color palette would complement the neighborhood. Member Coates moved to approve Case FLD2008-03007 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), with conditions of approval as listed and additional Condition of Approval 8) That, prior to the issuance of the building permit, the building and accent colors be amended to conform to the Clearwater Downtown Redevelopment Plan Design Guidelines. The motion was duly seconded and carried unanimously. Alternate Board Member Carlough did not vote. 5. Level Two Application Case: FLD2008-03006 – 1120 N. Betty Lane (Main Address includes 1125 LaSalle Street; 1277 Otis C. Green Drive; and 1101, 1113, 1119 and 1125 Fairburn Avenue) Owner: Everybody’s Tabernacle, Inc. Applicant: Everybody’s Tabernacle, Inc. and Homeless Emergency Project, Inc. Representative: Keith E. Zayac, PE, RLA, Keith Zayac & Associates, Inc. (701 Enterprise Road E. Suite 404, Safety Harbor, FL 34695; phone: 727-793-9888; fax: 727-793-9855; email: keith@keithzayac.com). Location: 2.01 acres located between N. Betty Lane (east) and Fairburn Avenue (west) and between Otis C. Green Drive (north) and Cedar Street (south). Atlas Page: 269B. Zoning: Institutional (I) District. Request: Flexible Development approval to permit the expansion of a "social/public service agency" in the Institutional (I) District by the construction of a new, two-story, 10,015 square-foot building for the Homeless Emergency Project (HEP) in conjunction with other existing uses (place of worship, residential shelter and accessory dwelling) with reductions to the front (west) setback from Fairburn Avenue from 25 feet to 10.18 feet (to proposed building), 8.3 feet (to existing building) and 20.5 feet (to proposed pavement), a reduction to the front (north) setback from Otis C. Green Drive from 25 feet to 8.25 feet (to existing pavement), a reduction to the front (east) setback from N. Betty Lane from 25 feet to 20.3 feet (to existing building) and a reduction to required parking from 122 to 43 spaces, as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-1204.A, and a reduction to the landscape buffer along Otis C. Green Drive from 10 to 8.25 feet (to existing pavement), as a Comprehensive Landscape Program, under the provisions of Section 3-1202.G. Proposed Use: Expansion of a "social/public service agency" in conjunction with other existing uses (place of worship, residential shelter and accessory dwelling). Neighborhood Associations: Country Club Estates Neighborhood Association (Mark Woolridge, 800 N. Betty Lane, Clearwater, FL 33755; phone: 727-298-0096; email: Community Development 2008-05-20 13 markwoolridge@palmettogba.com); Clearwater Neighborhoods Coalition (President, Shelley Kuroghlian, 1821 Springwood Circle S, Clearwater, FL 33763). Presenter: Wayne M. Wells, AICP, Planner III. The 2.01 acres is located between N. Betty Lane (east) and Fairburn Avenue (west) and between Otis C. Green Drive (north) and Cedar Street (south). The property currently is developed with the Everybody’s Tabernacle church on the northeast portion of the property, a residential shelter on the northwest corner of the property, Homeless Emergency Project (HEP) offices and clinics in a one-story building south of the residential shelter, an accessory dwelling on the south side of the property, a gazebo, some small storage buildings and sheds and parking areas on the north side accessed from Otis C. Green Drive and on the west central area accessed from Fairburn Avenue. Open areas of the site are located south of the church building along N. Betty Lane and on the southern portions of the site along Cedar Street. There are 27 existing parking spaces on-site within this block. Detached dwellings are located to the south (across Cedar Street) and east (across N. Betty Lane) of the subject property within property zoned Low Medium Density Residential (LMDR) District. Detached dwellings and a residential shelter for HEP are located to the north across Otis C. Green Drive, along with a HEP Thrift Store north of these uses, all within the Commercial (C) District. Detached dwellings and community residential homes are located to the west across Fairburn Avenue, within property zoned Medium Density Residential (MDR) District. The proposal is to redevelop the site with a new, two-story, 10,015 square-foot-office building for the Homeless Emergency Project (HEP). The proposed building will be located on the west central portion of the site oriented toward Fairburn Avenue. A new, 32-space parking lot complying with Code design requirements will be constructed between the existing HEP offices and clinic building and this new building, wrapping into the center of the property. With the exception of an 815 square-foot dental clinic that will remain, the existing HEP office area in the one-story building north of the proposed building will be renovated to become accessory classroom space for the church. The gazebo, the small storage buildings and sheds in the center and west side of the site and the parking area accessed from Fairburn Avenue will be demolished as part of this new construction project. The existing parking lot accessed from Otis C. Green Drive will also be upgraded. A retention pond will be constructed in the southeast portion of the site to accommodate this new construction. The proposed building will be two-story in height, with the top of the highest parapet 35 feet above the finished floor of the first floor of the building, which is below the maximum height of 50 feet. This proposed building is basically rectangular in shape, with the second floor greater in area than the first floor footprint. Architectural columns (burgundy or wine color) beyond the first floor footprint on the east and west sides of the building will add visual interest to the building. The exterior of the building will be flat seam metal wall panels for the second and portions of the first floor of a dark copper color (first floor with a greenish storefront system) with windows primarily on the second floor that do not follow a set or symmetrical pattern. 1) Density/Floor Area Ratio: Pursuant to the Section 2-1201.1, the maximum density and floor area ratio (FAR) for properties with a designation of Institutional (INS) land use is 12.5 dwelling units per acre and 0.55 respectively. The Planning Department and the applicant have both prepared a mixed-use calculation (see Sheet C4, General Site Note #11). Based on the Community Development 2008-05-20 14 existing/proposed nonresidential floor area of 26,921 square-feet and the maximum density and FAR listed above, a maximum of 13 dwelling units could be on this property. With the existing accessory dwelling and the 10-resident residential shelter, these existing residential uses equal four dwelling units (less than the maximum number of dwelling units allowable). Based upon the above, the development proposal is consistent with the Countywide Future Land Use Plan with regard to the maximum allowable density and FAR; 2) Impervious Surface Ratio (I.S.R.): Pursuant to Section 2-1201.1 of the Community Development Code, the maximum allowable I.S.R. is 0.85. The overall proposed I.S.R. is 0.47, which is consistent with the Code provisions; 3) Minimum Lot Area and Width: Pursuant to Tables 2-1202, 2-1203 and 2-1204 of the Community Development Code, the minimum lot area for places of worship is 20,000 square- feet, for residential shelters 10,000 square-feet and for social/public service agencies the range is 10,000 – 20,000 square-feet. The subject property is 87,500 square-feet in area. Pursuant to the same Tables, the minimum lot width for places of worship, residential shelters and social/public service agencies is 100 feet. The lot width of this site along N. Betty Lane and Fairburn Avenue is 350 feet, while the lot width along Cedar Street and Otis C. Green Drive is 250 feet. The proposal is consistent with these Code provisions; 4) Minimum Setbacks: Pursuant to Tables 2-1202, 2-1203 and 2-1204 of the Community Development Code, the minimum front setback for places of worship, residential shelters and social/public service agencies can range between 15 – 25 feet. Since the subject property involves an entire block, there are only front setbacks required along each frontage. The proposal includes reductions to the front (west) setback from Fairburn Avenue from 25 feet to 10.18 feet (to proposed building), 8.3 feet (to existing building) and 20.5 feet (to proposed pavement), a reduction to the front (north) setback from Otis C. Green Drive from 25 feet to 8.25 feet (to existing pavement) and a reduction to the front (east) setback from N. Betty Lane from 25 feet to 20.3 feet (to existing building). The existing residential shelter in the northwest corner of the site is located at a front setback of 8.6 feet from the front (west) property line along Fairburn Avenue. The existing HEP office building to the south of this residential shelter is located with a front (west) setback of 8.2 feet from the front (west) property line along Fairburn Avenue. The proposed HEP office building will be located at a front (west) setback of 10.18 feet from the Fairburn Avenue property line, which, being less than the minimum 15 feet allowable under Table 2-1204, requires the processing of this application as a Comprehensive Infill Redevelopment Project. While this new building will be two stories in height and the existing on-site buildings along Fairburn Avenue are one story in height, the setback for the proposed building would be consistent with the established character for this property. This proposed building would be slightly set back greater than the existing buildings at a front setback of 10.18 feet. This proposed setback does not encroach upon the required 10-foot perimeter buffer along Fairburn Avenue. A design factor with this reduced setback is the proposed location of the new parking lot. While there will be parking spaces on the north side of the driveway, the majority of the new parking spaces will be on the east side of the new building, which will shield this parking from view from the residential uses across Fairburn Avenue. This new parking lot is located between the existing church building and the proposed HEP office building. The proposed site design maintains a four-foot wide sidewalk that exists on the west side of the church building, which is the minimum necessary for pedestrian use, and provides a new parking lot meeting the minimum design standards of the Code. A minimum width sidewalk for handicap access is being provided on the east side of the new HEP building. These design factors partially determine the proposed setback from Fairburn Avenue (building design and building dimensions are the other factors). This new building and parking will improve the visual appearance along this side of the property and reduce vehicular noise and light issues of these existing/proposed uses for the residential uses to the west. The proposed parking lot for this building will be located at a front (west) setback of Community Development 2008-05-20 15 20.5 feet from Fairburn Avenue. The existing parking lot is located at a front setback of four – five feet. The proposed parking lot setback is more than double the minimum 10-foot width of the perimeter buffer along this roadway. The other setback reductions listed as part of the request reflect setbacks to existing buildings and structures, which are not proposed to be revised. The front (north) setback from Otis C. Green Drive to the existing parking lot reflects an existing condition, however, excess pavement will be removed and landscaping will be installed to aid in enhancing the visual aspect of this parking lot; 5) Maximum Building Height: Pursuant to Tables 2-1202, 2-1203 and 2-1204 of the Community Development Code, the maximum allowable height for places of worship, residential shelters and social/public service agencies is 50 feet. The proposed building will be two-story in height, with the top of the highest parapet 35 feet above the finished floor of the first floor of the building, which is below the maximum height of 50 feet. The proposed building enhances the character of this area, as well as significantly upgrading the character of the existing buildings; 6) Minimum Off-Street Parking: Pursuant to Tables 2-1202, 2-1203 and 2-1204 of the Community Development Code, the minimum required parking for places of worship can range between 0.5 – 1 space per two seats in the main assembly area, residential shelters is one space per each two residents and social/public service agencies can range between 2 – 3 parking spaces per 1,000 square-feet. When a site is developed with two or more uses, the minimum number of required parking spaces is determined through a shared use formula in Section 3-1405. Based on this shared use formula, a total of 84 parking spaces are required for this site. The proposal includes a reduction to required parking from 84 to 43 spaces (application was advertised including a reduction to required parking from 122 to 43 spaces). There are 27 existing parking spaces on-site, with the main parking area not meeting current Code design standards. The proposal will provide a total of 43 parking spaces on-site (one at the accessory dwelling), representing an increase of 16 spaces over the existing conditions, with parking designed to be compliant with current Code design standards. The proposal also reduces in half the number of driveways on Fairburn Avenue, eliminating one driveway and reconstructing the existing northern driveway to current design standards. Sidewalks for the site frontage will also be constructed along Cedar Street and Otis C. Green Drive. The applicant has submitted a Parking Study for this application. This Parking Study analyzed the existing and proposed conditions and has demonstrated the provided parking will adequately serve the proposal. The church and the HEP offices/clinics operate at different hours. The office building generally operates during normal business days and hours (Monday – Friday; 8 am – 5 pm), while the church meets at night and on Sundays. The Parking Study demonstrates that adequate parking will be available on-site for the normal, weekday office-type uses and the residential shelter. The parking requirement is basically determined by that demand for the church primarily. While the total parking requirement is 84 spaces, there are other church-owned and private property within 600 feet with 90 total spaces available (including on-site) to meet the weekend requirement (27 spaces on the HEP thrift store to the north and 20 spaces on the corner of Engman Street and Fairburn Avenue). Additionally, many parishioners walk to the church from the neighborhood and adjacent shelters, as well as vans transport parishioners, thereby reducing the parking demand. Many of the residents of the residential shelters do not own vehicles. Based on this Parking Study, the requested parking reduction has been justified; 7) Mechanical Equipment: Pursuant to Section 3-201.D.1 of the Community Development Code, all outside mechanical equipment must be screened so as not to be visible from public streets and/or abutting properties. The applicant is proposing mechanical equipment to be located on the south side of the new building. The landscape plans indicate the planting of shrubs around these air condensers for screening. Based upon the above, the development proposal is consistent with the Code with regard to screening of outdoor mechanical equipment; 8) Sight Visibility Triangles: Pursuant to Section 3- Community Development 2008-05-20 16 904.A of the Community Development Code, to minimize hazards at driveway intersections with Fairburn Avenue and Otis C. Green Drive, no structures or landscaping may be installed which will obstruct views at a level between 30 inches above grade and eight feet above grade within 20-foot sight visibility triangles. The proposed site and landscape design meet this requirement; 9) Utilities: Pursuant to Section 3-911 of the Community Development Code, for development that does not involve a subdivision, all utilities including individual distribution lines shall be installed underground unless such undergrounding is not practicable. The civil site plan for this proposal indicates that all on-site electric and communication lines for this new building will be placed underground in conformance with this Code requirement; 10) Landscaping: Pursuant to Section 3-1202.D.1 of the Community Development Code, this site is required a 15- foot wide landscape buffer along N. Betty Lane and a 10-foot wide landscape buffer along Cedar Street, Fairburn Avenue and Otis C. Green Drive. The proposal includes a reduction to the landscape buffer along Otis C. Green Drive from 10 to 8.25 feet (to existing pavement). The proposal includes planting the perimeter buffer along Fairburn Avenue adjacent to the new construction meeting Code requirements with shrubbery and trees. The east and south sides of the new parking lot is being planted with shrubbery and trees adjacent to the parking lot to screen views from view from N. Betty Lane and Cedar Street respectively. The perimeter buffer adjacent to the existing parking lot on Otis C. Green Drive is being improved with shrubbery, groundcovers and trees where none exists today, as well as the east side of the parking lot to screen views from N. Betty Lane. The interior of the new parking lot will also be landscaped to meet Code requirements. This site has many existing trees and a number of these existing trees are being preserved as part of this site design. Live oak, magnolia, Chinese elm and crape myrtle trees are being planted on-site as part of the landscape design. Besides the proposed trees, sandankwa viburnum, Indian hawthorn and dwarf wax myrtle shrubs will be planted in the perimeter and interior landscape areas. Big blue lily turf (liriope) groundcover will also be planted in the perimeter and interior landscape areas. The proposed on-site landscaping complies with Code requirements. A Tree Preservation Plan prepared by a certified arborist, consulting arborist, landscape architect or other specialist in the field of arboriculture must be submitted prior to the issuance of any permits for this property; 11) Solid Waste: All solid waste for this site is taken off-site to central trash facilities for HEP properties. The proposal has been found to be acceptable by the City’s Solid Waste Department; and 12) Signage: While no specific freestanding signage is proposed at this time for this new building for HEP, should any future freestanding signage be desired, such freestanding signage should be limited to a monument-style sign at a maximum height of six feet and should be designed to match the exterior materials and color of the building. This height limitation is based on the location of the new building on Fairburn Avenue and the primarily residential character along this roadway. Any approval of this request should be conditioned on such signage limitation. Attached signage will need to meet Code requirements (the submitted building elevations indicate an attached sign on the northwest corner of the proposed building). There are no outstanding Code Enforcement issues associated with the subject property. The DRC reviewed the application and supporting materials at its meeting of April 3, 2008, and deemed the development proposal to be sufficient to move forward to the CDB, based upon the following findings of fact and conclusions of law: Findings of Fact: 1) The 2.01 acres is located between N. Betty Lane (east) and Fairburn Avenue (west) and between Otis C. Green Drive (north) and Cedar Street (south); 2) The Community Development 2008-05-20 17 property is currently developed with the Everybody’s Tabernacle church on the northeast portion of the property, a residential shelter on the northwest corner of the property, Homeless Emergency Project (HEP) offices and clinics in a one-story building south of the residential shelter, an accessory dwelling on the south side of the property, a gazebo, some small storage buildings and sheds and parking areas on the north side accessed from Otis C. Green Drive and on the west central area accessed from Fairburn Avenue. There are 27 existing parking spaces on-site within this block; 3) The proposal is to redevelop the site with a new, two-story, 10,015 square-foot office building for the Homeless Emergency Project (HEP). The proposed building will be located on the west central portion of the site oriented toward Fairburn Avenue; 4) A new, 32-space parking lot complying with Code design requirements will be constructed between the existing HEP offices and clinic building and this new building, wrapping into the center of the property; 5) With the exception of an 815 square-foot dental clinic that will remain, the existing HEP office area in the one-story building north of the proposed building will be renovated to become accessory classroom space for the church; 6) Based on a mixed-use calculation, the existing/proposed nonresidential floor area of 26,921 square-feet and the maximum allowable density and FAR, the number of existing dwelling units is less than the maximum allowed; 7) The proposal includes reductions to the front (west) setback from Fairburn Avenue from 25 feet to 10.18 feet (to proposed building), 8.3 feet (to existing building) and 20.5 feet (to proposed pavement), a reduction to the front (north) setback from Otis C. Green Drive from 25 feet to 8.25 feet (to existing pavement) and a reduction to the front (east) setback from N. Betty Lane from 25 feet to 20.3 feet (to existing building); 8) While the new building will be two stories in height and the existing on-site buildings along Fairburn Avenue are one story in height, the 10.18-foot front setback for the proposed building will be consistent with the established character for this property (existing residential shelter is located at a front setback of 8.6 feet and the existing HEP office building to the south of this residential shelter is located with a front setback of 8.2 feet from the front property line along Fairburn Avenue); 9) The location of the proposed new building is partially determined by the existing location of the church building and an access sidewalk and the Code minimum design standards for parking lots (building design and building dimensions are the other factors); 10) The front (north) setback from Otis C. Green Drive to the existing parking lot reflects an existing condition, however, excess pavement will be removed and landscaping will be installed to aid in enhancing the visual aspect of this parking lot; 11) The proposed building will be two-story in height, with the top of the highest parapet 35 feet above the finished floor of the first floor of the building, which is below the maximum height of 50 feet; 12) There are 27 existing parking spaces on-site, with the main parking area not meeting current Code design standards; 13) Based on the shared use formula, a total of 84 parking spaces are required for this site; 14) The proposal includes a reduction to required parking from 84 to 43 spaces (application was advertised including a reduction to required parking from 122 to 43 spaces), representing an increase of 16 spaces over the existing conditions, with parking designed to be compliant with current Code design standards; 15) The Parking Study demonstrates that adequate parking will be available on-site for the normal, weekday office-type uses and the residential shelter, while there is other church-owned and private property within 600 feet with 90 total spaces available (including on-site parking) to meet the weekend requirement (27 spaces on the HEP thrift store to the north and 20 spaces on the corner of Engman Street and Fairburn Avenue); 16) The proposal includes a reduction to the landscape buffer along Otis C. Green Drive from 10 to 8.25 feet (to existing pavement); 17) The proposal includes planting the perimeter buffer along Fairburn Avenue and Otis C. Green Drive adjacent to the new construction and existing parking lot meeting Code requirements with shrubbery, groundcover and trees, where the proposed on-site landscaping complies with Code Community Development 2008-05-20 18 requirements; and 18) There are no outstanding Code Enforcement issues associated with the subject property. Conclusions of Law: 1) That the development proposal is consistent with the Standards as per Section 2-1201.1 and Tables 2-1202, 2-1203 and 2-1204 of the Community Development Code; 2( That the development proposal is consistent with the Flexibility criteria as per Section 2-1204.A of the Community Development Code; 3) That the development proposal is consistent with the General Standards for Level Two Approvals as per Section 3-913 of the Community Development Code; and 4) The proposal is compatible with the adjacent land uses. Based upon the above, the Planning Department recommends approval of the Flexible Development application to permit the expansion of a "social/public service agency" in the Institutional (I) District by the construction of a new, two-story, 10,015 square-foot building for the Homeless Emergency Project (HEP) in conjunction with other existing uses (place of worship, residential shelter and accessory dwelling) with reductions to the front (west) setback from Fairburn Avenue from 25 feet to 10.18 feet (to proposed building), 8.3 feet (to existing building) and 20.5 feet (to proposed pavement), a reduction to the front (north) setback from Otis C. Green Drive from 25 feet to 8.25 feet (to existing pavement), a reduction to the front (east) setback from N. Betty Lane from 25 feet to 20.3 feet (to existing building) and a reduction to required parking from 84 to 43 spaces, as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-1204.A, and a reduction to the landscape buffer along Otis C. Green Drive from 10 to 8.25 feet (to existing pavement), as a Comprehensive Landscape Program, under the provisions of Section 3-1202.G, with the following Conditions of Approval: 1) That the final design and color of the proposed social/public service agency building be consistent with the conceptual elevations submitted to, or as modified by, the CDB; 2) That, prior to the issuance of any permits, a Declaration of Unity of Title be recorded in the public records tying all property on this block together; 3) That any future freestanding sign be a monument-style sign a maximum of six feet in height and be designed to match the exterior materials and color of the building; 4) That, prior to the issuance of the building permit, plans indicate underground utilities and communication lines for the new building be underground; 5) That, prior to the issuance of any permits, a Tree Preservation Plan prepared by a certified arborist, consulting arborist, landscape architect or other specialist in the field of arboriculture be submitted; and 6) That, prior to the issuance of any permits, compliance with all requirements of General Engineering and Stormwater Engineering be met. Member Coates moved to approve Cases FLD2006-02003, FLD 2005-06057, and FLD2008-03006 on today’s Consent Agenda based on evidence in the record, including the applications and the Staff Reports, and hereby adopt the Findings of Fact and Conclusions of Law stated in the Staff Reports, with conditions of approval as listed. The motion was duly seconded and carried unanimously. Alternate Board Member Carlough did not vote. C. CONSIDERATION OF APPEAL: (Item 1) Community Development 2008-05-20 19 1. Case: APP2008-00003 – 1996 Gulf-to-Bay Boulevard Owner/Applicant/Appellant: Z Y LLC/Alba Consulting Corp/John Atanasio (1420 Court St., Clearwater, FL 33756; phone: 727-443-0718). Representative: Joseph N. Perlman, Esq. Location: 0.496 acre located on the northwest corner of Gulf-to-Bay Boulevard and Hercules Avenue. Atlas Page: 289A. Zoning: Commercial (C) District. Request: An appeal of an administrative interpretation of the Community Development Code (Code) and appeal of a decision of an administrative official stating that it is necessary to reapply for approval for an Automobile Service Station use at the site through the Flexible Development process as a Comprehensive Infill Redevelopment Project. The prior Automobile Service Station use of the site was discontinued in excess of six consecutive months requiring resumption of the use conform to all Code requirements (Code Section 6-103.D) and the site not meeting development standards and landscape criteria set forth in Code Section 2-703 and Section 3-1201. Proposed Use: Automobile service station. Neighborhood Association: Clearwater Neighborhoods Coalition (President, Shelley Kuroghlian, 1821 Springwood Circle S, Clearwater, FL 33763). Presenter: Michael Delk, AICP, Planning Director. This .496-acre (21,600 square-foot) site is located on the northwest corner of Gulf-to- Bay Boulevard and Hercules Avenue. The site contains an existing 630 square-foot building, automated car wash, gas pumps, and canopy completed in 1988. This case is an appeal of orders, requirements, decisions or determinations made by an administrative official in the administration of the development code and administrative interpretations of the development code. The site is zoned Commercial (C) District with an underlying land use designation of Commercial General (CG) Classification. The Commercial District permits the following minimum standard uses: governmental uses, indoor recreation/ entertainment, marinas, offices, overnight accommodations, parks and recreation facilities, places of worship, restaurants, retail sales/services, and vehicle sales/display. Additional uses are permitted via the Flexible Standard Development and Flexible Development application processes. Planning staff determined that an “automobile service station” land use was established on this site in 1988 and successively occupied by Gulf Oil, Mobil Oil and BP. Metro Petro LLC applied for an occupational license for a gas station/convenience store/carwash on January 31, 2005, but failed to complete the application process and the application was voided. On February 28, 2008, in response to a request for zoning approval for an occupational license to operate a gas station/convenience store/carwash on the site, John Atanasio of Alba Consulting Corp. was advised by letter that because the prior use of the property had been discontinued or abandoned for a period longer than six consecutive months, the use shall not be re-established or resumed without conformance to the requirements of the Code (Article 6. Nonconformity Provisions). The use as proposed by Mr. Atanasio requires a Flexible Development Application for Comprehensive Infill Redevelopment Project Use, due to the site not meeting certain development and landscape criteria. Community Development 2008-05-20 20 The City of Clearwater’s Occupational License database shows an occupational license history for the site dating back to August 27, 1997. Site inspections by City staff confirmed that use of the property as an automobile service station ended prior to March 2, 2006. John Atanasio filed this appeal on March 1, 2008. Section 4-501 A.1. of the Community Development Code states that the CDB has the authority to hear appeals from Administrative interpretations of the development code. Section 4-502.B. provides that an application/notice of appeal of any decision of the City, as provided in Section 4-501, may be initiated by the applicant or any person granted party status within 14 days of the decision. Section 4-504 states that upon receipt of the recommendation of the Community Development Coordinator (regarding appeals from decisions set out in Section 4-501.A.), the CDB shall review the application, the recommendation of the Community Development Coordinator, conduct a quasi- judicial public hearing on the application in accord with Section 4-206 (notice and public hearings) and render a decision. Pursuant to Section 4-504.B. of the Community Development Code, in order to grant an appeal, overturning or modifying the decision appealed from, the Community Development Board shall find that based on substantial competent evidence presented by the applicant or other party: 1) The decision appealed from misconstrued or incorrectly interpreted the provisions of the Community Development Code; 2) That the decision will be in harmony with the general intent and purpose of the Community Development Code; and 3) Will not be detrimental to the public health, safety and general welfare. Member Tallman moved to accept Michael Delk as an expert witness in the fields of redevelopment planning, comprehensive planning, annexation implementation, and economic development. The motion was duly seconded and carried unanimously. Planning Director Michael Delk reviewed the case. Staff recognizes site constraints and is willing to work with the applicant to help meet Code objectives to upgrade and buffer the site. Representative Joseph N. Perlman distributed photographs of the site and reviewed its history. He said Hardees had declined to develop the site due to insufficient space for parking. He said the property only could be used for a gasoline station. He said none of three property auctions in 2007 was successful. He said the applicant had spent $60,000 on upgrades and repairs. He said the City denied the applicant’s request for an occupational license to operate the gasoline station, which has a January 2008, lease agreement signed with Radiant Oil. Storage tank insurance has been maintained. Utilities are being paid. He said the applicant was willing to work with the City and coordinate ideas. He suggested the driveway near the Gulf-to-Bay Boulevard/Hercules Avenue intersection could be closed. He expressed concerned that vagrancy is a problem now that the business is closed. Mr. Delk said some opportunities to apply current standards exist, in spite of the property’s small size. Staff is not suggesting that the site must completely comply with Code. Discussion ensued regarding the application process, necessary improvements, and requirements of Code Section 4-504.B. Community Development 2008-05-20 21 Member Coates moved to deny Case APP2008-00003 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. Alternate Board Member Carlough did not vote. D. DIRECTOR'S ITEM (Item 1): 1. County plans an ordinance to create Affordable Housing. The proposed County ordinance to create Affordable Housing was reviewed. ITEMS NOT ON THE AGENDA Continued Items Concern was expressed that items are continued when citizens, who made special efforts to attend the meeting, are present. It was recommended that this inconvenience be corrected. It was felt that the number of continuances should be limited. Mr. Delk said applicants have the right to request continuances. While staff could post continuance requests on the City's website, the COB is not obligated to grant them. Assistant City Attorney Leslie Dougall-Sides reported that Florida Statute requires the City to provide notice between seven and 45 days prior to a hearing, depending on the case. Once an item is advertised, its inclusion in an agenda is official. Mr. Delk said the public has the right to expect that public hearings are held within a reasonable time. Cabana Club Mr. Wells reviewed ex parte communication provisions. He requested that board members forward to staff all emails related to the Cabana Club. E. ADJOURN The meeting adjourned at 2:02 p.m. h ir ommunity Development Board Community Development 2008-05-20 22 o Clea~ater u Going Green with paperwork TO: Community Development Board Members FROM: Neil Thompson, Development Review Manager SUBJECT: Agenda Items for May 20, 2008 DATE: May15,2008 CDB packets being distributed on contain the following items: Agenda Unapproved minutes of previous meeting April 15, 2008 Site investigation and packet listing . ~SIDERATION OF APPEAL (Item 1): L(~ 1~ Case: APP2008-00003 - 1996 Gulf to Bay Blvd. Yes no LEVEL TWO APPLICATIONS (Items 1- 3): n, d.. .' Case: FLD2008-03008 - 711 Cleveland Street Yes no =< c/' 2. '\j Case: FLD2008-03007 - 1573 S. Ft. Harrison Avenue Yes no . f I 3. Case: FLD2008-03006 - 1120 N. Betty Lane (Main Address; Includes 1125 LaSalle ~tr~et; 1277 Otis C. Green Drive; and 1101, 1113, 1119 and 1125 Fairburn Avenue) ~ Yes no DIRECTOR'S ITEMS atems 1 - 3): 1. ime Extensio- FLD2006-02003 - 701 Pennsylvania Ave. Yes no 2. ~~ FLD2005-06057 - 691 S. Gulfview Blvd. Yes... no 3. County plans an ordinance to create Affordable Housing ersonal site visit to the S:\Planning DepartmentlC D B\Agendas DRC & CDBICDB\2008\05 May 20,200811 Cover MMO 5.202008.doc o ea~ater u Going Green with less paperwork TO: Community Development Board Members FROM: Neil Thompson, Development Review Manager SUBJECT: Agenda Items for May 20, 2008 DATE: May15,2008 CDB packets being distributed on contain the following items: Agenda Unapproved minutes of previous meeting April 15, 2008 Site investigation and packet listing CONSIDERATION OF APPEAL (Item 1): 1. kase: APP2008-00003 - 1996 Gulf to Bay Blvd. / Yes no LEVEL TWO APPLICATIONS Utems 1 - 3): 1. ~ase: FLD2008-03008 - 711 Cleveland Street / Yes no 2. ~ase: FLD2008-03007 - 1573 S. Ft. Harrison Avenue / Yes no 3. Case: FLD2008-03006 - 1120 N. Betty Lane (Main Address; Includes 1125 LaSalle Street;.J'277 Otis C. Green Drive; and 1101, 1113, 1119 and 1125 Fairburn Avenue) / Yes no DIRECTOR'S ITEMS (Items 1 - 3): 1. Time Extensi96 - FLD2006-02003 - 701 Pennsylvania Ave. Yes ./ no 2. / Time Extension - FLD2005-06057 - 691 S. Gulfview Blvd. ---L-Yes no 3. ersonal site visit to the Signature: ~. ~ ~({~~ PRINT NAME Date: S-/ /9/08 / ~ S:\Planning DepartmentlC D BlAgendas DRC & CDB\CDBI2008\05 May 20,20081/ Cover MMO 5.202008.doc o Clea~ater - u Going Green with less paperwork TO: Community Development Board Members FROM: Neil Thompson, Development Review Manager SUBJECT: Agenda Items for May 20, 2008 DATE: May15,2008 CDB packets being distributed on contain the following items: Agenda Unapproved minutes of previous meeting April 15, 2008 Site investigation and packet listing CONSIDERATION OF APPEAL (Item 1): 1. Aase: APP2008-00003 - 1996 Gulf to Bay Blvd. Yes no LEVEL TWO APPLICATIONS (Items 1 - 3): 1. ~se: FLD2008-03008 - 711 Cleveland Street V 'Y"~s no 2.._ !case: FLD2008-03007 - 1573 S. Ft. Harrison Avenue J 'yes no 3. ~e: FLD2008-03006 - 1120 N. Betty Lane (Main Address; Includes 1125 LaSalle St~eet. 77 Otis C. Green Drive; and 1101,1113, 1119 and 1125 Fairburn Avenue) Yes no DIRECTOR'S ITEMS (Items 1 - 3): 1. /' Time Extension - FLD2006-02003 - 701 Pennsylvania Ave. Yes no 2. ./ Time Extension - FLD2005-06057 - 691 S. Gulfview Blvd. /' Yes no 3. County plans an ordinance to create Affordable Housing ~~ Signature: . ~ r:~ K- L, 1) t},/v\ tt-. PRINT NAME S:IPlanning DepartmentlC D BIAgendas DRC & CDBlCDB\2008\05 May 20, 200811 Cover MMO 5.202008.doc :~ Clearvvater - u Going Green with less paperwork TO: Community Development Board Members FROM: Neil Thompson, Development Review Manager SUBJECT: Agenda Items for May 20, 2008 DATE: May15,2008 CDB packets being distributed on contain the following items: Agenda Unapproved minutes of previous meeting April 15, 200a Site investigation and packet listing CONSIDERATION OF APPEAL (Item 1): 1. Case: APP200~03 - 1996 Gulf to Bay Blvd. Yes no LEVEL TWO APPLICATIONS Utems 1 - 3): 1. /Case: FLD2008-03008 -711 Cleveland Street ~Yes no 2. Jtase: FLD2008-03007 - 1573 S. Ft. Harrison Avenue V Yes no (j, 'S<!. U' 3. ~se: FLD2008-03006 - 1120 N. Betty Lane (Main Address; Includes 1125 LaSalle Street. 277 Otis C. Green Drive; and 110 1, 1113, 1119 and 1125 Fairburn Avenue) Yes no DIRECTOR'S ITEMS (Items 1 - 3): 1. Time Extei/ - FLD2006-02003 - 701 Pennsylvania Ave. Yes no '~< fr,i__f.. 2. _ / Time Extension - FLD2005-06057 - 691 S. Gulfview Blvd. V Yes no 3. County plans an ordinance to create Affordable Housing tv0DJa~ PRINT NAME ( ersonal site visit to the Date'~ Signatur . S:IP/anning DepartmentlC D BIAgendas DRC & CDBICDBI2008105 May 20,20081/ Cover MMO 5. 202008. doc