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06/17/2008 COMMUNITY DEVELOPMENT BOARD MEETING MINUTES CITY OF CLEARWATER June 17,2008 Present: Nicholas C. Fritsch Thomas Coates Dana K. Tallman Jordan Behar Doreen DiPolito Richard Adelson Norma R. Carlough Chair Vice Chair Board Member Board Member Board Member Board Member Acting Board Member Absent: Frank L. Dame Board Member Also Present: Gina Grimes Leslie Dougall-Sides Michael L. Delk Gina Clayton Patricia O. Sullivan Attorney for the Board Assistant City Attorney Planning Director Assistant Planning Director 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. C. APPROVAL OF MINUTES OF PREVIOUS MEETING: May 20,2008 Member Behar moved to approve the minutes of the regular meeting of May 20, 2008, as submitted in written summation to each member. The motion was duly seconded and carried unanimously. D. REQUESTS FOR CONTINUANCE: (Items 1 - 4) 1. Case: REZ2008-05003 -1170, 1180, 1200 and 1226 Gulf Blvd. Level Three Application Owner/Applicant: City of Clearwater. Representative: Michael Delk, Community Development Coordinator (100 South Myrtle Avenue, Clearwater, FL 33756; telephone: 727-562-4567). Location: 15.03 (mol) acres located on the northwest side of Gulf Boulevard approximately 2,280 feet south of the Clearwater Pass Bridge. Atlas Page: 294A. Request: Application for Zoning Atlas amendment approval from the Business (B) District to the High Density Residential (HDR) District and the Preservation (P) District under the provisions of Section 4-602 of the Community Development Code. Existing Uses: Attached dwellings. Neighborhood Associations: Clearwater Neighborhoods Coalition (President, Shelley Kuroghlian, 1821 Springwood Circle S, Clearwater, FL 33763) and Sand Key Civic Association (Mike Dooley, President, P.O. Box 3014, Clearwater, FL 34630). Presenter: Catherine Porter, AICP, Long Range Planning Manger. Community Development 2008-06-17 1 AND 2. Case: REZ2008-05004 -1520, 1540 and 1560 Gulf Blvd. Level Three Application Owner/Applicant: City of Clearwater. Representative: Michael Delk, Community Development Coordinator (100 South Myrtle Avenue, Clearwater, FL 33756; telephone: 727-562-4567). Location: 7.7 acres located on the west side of Gulf Boulevard approximately 180 feet north of Marina Del Rey Court. Atlas Page: 311 B. Request: Application for Zoning Atlas amendment approval from the Business (B) District to the High Density Residential (HDR) District under the provisions of Section 4-602 of the Community Development Code. Existing Uses: Attached dwellings. Neighborhood Associations: Clearwater Neighborhoods Coalition (President, Shelley Kuroghlian, 1821 Springwood Circle S, Clearwater, FL 33763) and Sand Key Civic Association (Mike Dooley, President, P.O. Box 3014, Clearwater, FL 34630). Presenter: Michael H. Reynolds, AICP, Planner III. AND 3. Case: REZ2008-05005 - 1501 Gulf Boulevard Level Three Application Owner/Applicant: City of Clearwater. Representative: Michael Delk, Community Development Coordinator (100 South Myrtle Avenue, Clearwater, FL 33756; telephone: 727-562-4567). Location: 5.86 acres located on the west side of Gulf Boulevard approximately 800 feet north of Marina Del Rey Court. Atlas Page: 311 B. Request: Application for Zoning Atlas amendment approval from the Business (B) District to the Medium Density Residential (MDR) District and the Preservation (P) District under the provisions of Section 4-602 of the Community Development Code. Existing Uses: Attached dwellings. Neighborhood Associations: Clearwater Neighborhoods Coalition (President, Shelley Kuroghlian, 1821 Springwood Circle S, Clearwater, FL 33763): and Sand Key Civic Association (Mike Dooley, President, P.O. Box 3014, Clearwater, FL 34630). Presenter: Michael H. Reynolds, AICP, Planner III. AND Community Development 2008-06-17 2 4. Case: LUZ2008-05002 - 1551 Gulf Boulevard Level Three Application Owner/Applicant: City of Clearwater. Representative: Michael Delk, Community Development Coordinator (100 South Myrtle Avenue, Clearwater, FL 33756; telephone: 727-562-4567). Location: 3.59 acres located on the east side of Gulf Boulevard approximately 200 feet north of Marina Del Rey Court. Atlas Page: 311 B. Request: (a) Future Land Use Plan amendment approval to change from Residential Medium (RM) to Recreation/Open Space (R/OS); and (b) Zoning Atlas amendment approval to change from Business to Open Space/Recreation (OS/R) and Preservation (P) under the provisions of Community Development Code Sections 4- 602 and 4-603. Existing Uses: Parks and recreation facility. Neighborhood Associations: Clearwater Neighborhoods Coalition (President, Shelley Kuroghlian, 1821 Springwood Circle S, Clearwater, FL 33763) and Sand Key Civic Association (Mike Dooley, President, P.O. Box 3014, Clearwater, FL 34630). Presenter: Gina Clayton, Assistant Planning Director. Staff requested that Cases REZ2008-05003, REZ2008-05004, REZ2008-05005, and LUZ2008-05002 be continued due to discrepancies in the legal descriptions. Member Coates moved to continue Cases REZ2008-05003, REZ2008-05004, REZ2008-05005, and LUZ2008-05002 to July 15, 2008. The motion was duly seconded and carried unanimously. E. CONSENT AGENDA: The following cases are not contested by the applicant, staff, neighboring property owners, etc. and will be approved by a single vote at the beginning of the meeting: (Items 1 - 3) 1. Case: FLD2008-04011 - 301 S. Main Avenue Level Two Application Owner/Applicant: Ruckus Investments, LC. Representative: Keith Rucker, Ruckus Investments, LC (2066 % Gulf-to-Bay Boulevard, Clearwater, FL 33765; phone: 727-461-2091; fax: 727-446-4882; email: KR1276@aol.com). Location: 0.821 acre located at the southeast corner of S. Main Ave. and Rainbow Drive Atlas Page: 289B. Zoning: Commercial (C) District. Request: Flexible Development approval to permit (1) a 6,000 square-foot building for retail sales and service use (lawn mower and other power equipment sales and repair) and (2) a 2,008 square-foot outdoor retail sales, display or storage use (in conjunction with and adjacent to the east side of the proposed building) in the Commercial (C) District with a reduction to the side (south) setback from 10 to 5.1 feet (to building and pavement), a reduction to the side (east) setback from 10 feet to 5.1 feet (to pavement), a reduction to required parking from five spaces per 1,000 square-feet (40 spaces) to 2.87 spaces per 1,000 square-feet (23 spaces) and a deviation to allow the outdoor storage of power equipment within the side (south) setback, as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-704.C. Proposed Use: Retail sales and service use (lawn mower and other power equipment sales and repair). Community Development 2008-06-17 3 Neighborhood Association: Clearwater Neighborhoods Coalition (President, Shelley Kuroghlian, 1821 Springwood Circle S, Clearwater, FL 33763). Presenter: Wayne M. Wells, AICP, Planner III. The 0.821-acre is located at the southeast corner of S. Main Avenue and Rainbow Drive. The property currently is vacant, undeveloped land. The applicant currently has its retail sales and service establishment at 2066 % Gulf-to-Bay Boulevard, on the east side of S. Mercury Avenue (a few blocks west of the subject property). Offices and the Post Office are located to the north across Rainbow Drive within property zoned Office (0) and Institutional (I) Districts respectively. Offices are located to the east within the Commercial (C) District. Retail sales and service uses are located to the south (Albertsons) and west across S. Main Avenue (Sears Essentials) within property zoned Commercial (C) District. The proposal is to develop the site with a new, one-story, 6,000 square-foot retail sales and service building for the sales and service of lawn mowers and other power equipment. The proposed building will be located on the south central portion of the site. The applicant has oriented the primary entrance to the retail sales showroom toward S. Main Avenue due to the amount of traffic this roadway generates. There will be secondary showroom and service entrances on the north side of the building. Two overhead doors for the delivery of new equipment and for the loading and off-loading of lawn mowers that need service or have been serviced are located on the east end of the north side of the building. Two overhead doors also are located on the east side of the south side of the building for ventilation purposes in the service area. The applicant also is proposing a 2,008 square-foot outdoor storage area on the east side of the building for the storage of lawn equipment needing to be serviced. This outdoor storage area is designed with an eight-foot high, ornamental rail fencing between columns, with opaque fabric on the inside of the fence to screen views of the stored equipment. Two overhead doors on the east side of the building provide access to this outdoor storage area and provide for ventilation of the service area. The approximately 17.5-foot tall building (to the midpoint of the pitched roof) will be constructed with a sand-colored split-face concrete block on the north and west sides and regular, painted concrete block on the east and south sides. The metal roof and awnings will be an evergreen color and a stucco band above the awnings is proposed a dark beige color. A 23- space parking lot, complying with Code design requirements, will be constructed on the west and north sides of the building. A driveway on S. Main Avenue provides access to this site lined up with the drive aisle on the north side of the building. A driveway approximately midpoint on Rainbow Drive also provides site access on the north side of the property. The site design locates retention areas along the north and west sides of the property, where the proposed parking lot meets and exceeds required setbacks. FAR (Floor Area Ratio): Pursuant to the Section 2-701.1, the maximum FAR for properties with a designation of Commercial General (CG) land use is 0.55. Based on the proposed floor area of 6,000 square-feet, the proposed FAR is 0.22 and is, therefore, con- sistent with the Countywide Future Land Use Plan with regard to the maximum allowable FAR. ISR (Impervious Surface Ratio): Pursuant to Section 2-701.1 of the Community Development Code, the maximum allowable ISR is 0.95. The overall proposed ISR is 0.63, which is consistent with the Code provisions. Community Development 2008-06-17 4 Minimum Lot Area and Width: Pursuant to Table 2-702 of the Community Development Code, the minimum lot width and area for retail sales and service uses is 100 feet and 10,000 square-feet respectively. The subject property has 130 feet of frontage along S. Main Avenue and 275 feet of frontage along Rainbow Drive and is 35,740 square-feet in area. The proposal is consistent with these Code provisions. Minimum Setbacks: Pursuant to Table 2-703 of the Community Development Code, the minimum front setback for retail sales and service uses is 25 feet (parking lots can be at a minimum of 15 feet) and the side setback can range between 0 - 10 feet. Since the subject property is a corner lot, the north and west portions of the property must meet a front setback, while the south and east sides must meet a side setback. The applicant also is proposing an outdoor storage area, which only is listed as a Flexible Standard Development use under Table 2-703 and must meet a 25-foot front and a 10-foot side setback. The proposal includes reductions to the side (south) setback for both the retail sales and service use and the outdoor storage use from 10 feet to 5.1 feet (to building, pavement and the outdoor storage area). The outdoor storage use also carries a criteria restriction disallowing the outdoor storage of goods and materials (other than living plant material) within a required setback. This application must be processed as a Comprehensive Infill Redevelopment Project due to the proposed side (south) setback reduction for the outdoor storage use to 5.1 feet. The applicant is also requesting a side (east) setback reduction to 5.1 feet to pavement for the parking lot. An Albertsons grocery store is located to the south of the subject property, with the rear of the Albertsons building, along with its loading and trash areas, oriented toward the south side of this property. The applicant desired to locate the proposed building at a minimal south setback so as to hide much of the negative visual and olfactory impacts of the adjacent Albertsons building as possible, thus the proposed 5.1-foot side (south) setback. Pavement at the rear area of the Albertsons store is at a zero setback to the common property line with the subject property. With this proposed south building setback, the applicant has designed the site to keep the parking lot to the west of the building and the outdoor storage area to the east of the building in line with this proposed building line. Additionally, by keeping the building to the south, the applicant has been able to design the site meeting the required 25-foot front (north and west) setback (25.2 feet on the west and 27 feet on the north). The pavement of the parking lot, primarily a backup flair, is proposed less than the required side (east) setback at 5.1 feet. The east side of the property abuts Albertsons property that provides driveway access to Rainbow Drive, with its pavement at a zero setback to the common property line with the subject property. Office uses are to the east of the Albertsons driveway. The office building to the east at 300 S. Belcher Rd. is located at a seven-foot south setback, with its existing pavement at a zero-foot side (south) setback. The proposed setbacks for this proposed retail sales and service use is consistent with setbacks to building and/or pavement on surrounding neighboring properties. The proposed, reduced south side setback will also assist to mitigate negative impacts of the functional uses at the rear of the Albertsons grocery store on surrounding properties and the traveling public on S. Main Avenue and Rainbow Drive. Maximum Building Height: Pursuant to Tables 2-702 of the Community Development Code, the maximum allowable height as a minimum standard for retail sales and service uses is 25 feet. The proposed building will be one-story in height, approximately 17.5-feet to the midpoint of the pitched roof, well below the minimum standard height. Community Development 2008-06-17 5 Minimum Off-Street Parking: Pursuant to Tables 2-703 and 2-704 of the Community Development Code, the minimum required parking for retail sales and service uses can range between 4 - 5 space per 1,000 square-feet of GFA and outdoor retail sales, display and storage requires five parking spaces per 1,000 square-feet. As such, the minimum number of required parking spaces is 40 parking spaces. The proposal includes a reduction to required parking from 40 to 23 spaces. The applicant proposes the outdoor area for storage only, for the purpose of storing lawn equipment waiting to be repaired, which the applicant contends doesn't generate a parking demand. The showroom is proposed approximately 3,500 square-feet in area. While there will be power equipment and parts display, the applicant sells many large mowers where their display can take up as much as an eight-foot diameter. The rest of the proposed 6,000 square-foot building (approximately 2,500 square-feet) will be for the storage of crates, prepping new equipment and repair of customer equipment. The applicant currently has 11 full time staff in their current location, including two employees whom primarily are on the road during business hours using company trucks delivering new customer equipment or picking up or delivering customer equipment needing repairs. The applicant has submitted a Parking Study for this application. This Parking Study analyzed the existing location to determine the number of spaces necessary to handle existing and planned customer parking needs. The Parking Study also analyzed the types of vehicles coming to the current location (standard car/truck, truck/trailer or delivery truck). With the proposed conditions of this proposed development, the Parking Study has demonstrated the provided parking will adequately serve the proposal and, as such, the requested parking reduction has been justified. Future use of this site will need to be with a use that has similar characteristics as the applicant. 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 and screened with fencing material. Based upon the above, the development proposal is consistent with the Code with regard to screening of outdoor mechanical equipment. Sight Visibility Triangles: Pursuant to Section 3-904.A of the Community Development Code, to minimize hazards at driveway intersections with S. Main Avenue and Rainbow 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. 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. Landscaping: Pursuant to Section 3-1202.D.1 of the Community Development Code, this site is required a 10-foot wide landscape buffer along S. Main Avenue and along Rainbow Drive. With the proposed stormwater retention ponds adjacent to S. Main Avenue and Rainbow Drive, this proposal meets the perimeter buffer along these roadways. A minimum five-foot wide Community Development 2008-06-17 6 landscape buffer is required along the south and east property lines adjacent to other nonresidential uses, which is being provided. The proposal includes planting the perimeter buffer along S. Main Avenue and Rainbow Drive adjacent to the proposed parking lot, behind the proposed stormwater retention ponds, such that the buffer effectively will screen the parking lot. Required buffer trees also will be planted closer to the proposed parking lot to more productively shade the pavement. The interior of the new parking lot also will be landscaped to meet Code requirements. The proposal also provides the required five-foot wide foundation landscaping on the north and west sides of the building. The only two trees worthy of preservation on this site are being saved (other exotics are being removed). Live oak, magnolia, bald cypress, cabbage palm and crape myrtle trees are being planted on-site as part of the landscape design. Besides the proposed trees, dwarf yaupon holly and Indian hawthorn shrubs will be planted in the perimeter and interior landscape areas. Dwarf jasmine and fakahatchee grass groundcover will also be planted in the foundation and interior landscape areas. Some interior landscape areas of the parking lot currently do not meet the Code landscaping requirements and the landscape plan should be amended to meet the requirements prior to its permit issuance. The proposed on-site landscaping otherwise complies with Code requirements. Solid Waste: The applicant is proposing a solid waste dumpster enclosure on the north side of the building within the parking lot adjacent to the driveway to Rainbow Drive. The proposal has been found to be acceptable by the City's Solid Waste Department. Signage: While not proposed at this time, 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, designed to match the exterior materials and color of the building. Any approval of this request should be conditioned on such signage limitation. Building elevations indicate attached signage on the north and west sides of the building, which will require approval through a Comprehensive Sign Program. No outstanding Code Enforcement issues are associated with the subject property. The DRC (Development Review Committee) reviewed the application and supporting materials at its meeting of May 1, 2008, and deemed the development proposal to be sufficient to move forward to the CDB (Community Development Board), based upon the following findings of fact and conclusions of law: FindinQs of Fact: 1) The 0.821 acres is located at the southeast corner of S. Main Avenue and Rainbow Drive; 2) The property is currently vacant, undeveloped land; 3) The proposal is to develop the site with a new, one-story, 6,000 square-foot retail sales and service building for the sales and service of lawn mowers and other power equipment; 4) The applicant is also proposing a 2,008 square-foot outdoor storage area on the east side of the building for the storage of lawn equipment needing to be serviced; 5) The outdoor storage area is designed with an eight-foot high, ornamental rail fencing between columns, with opaque fabric on the inside of the fence to screen views of the stored equipment; 6) The site design locates retention areas along the north and west sides of the property, where the proposed parking lot meets and exceeds required setbacks; 7) A 23-space parking lot complying with Code design requirements will be constructed on the west and north sides of the building; 8) The proposal includes a reduction to required parking from 40 to 23 spaces and the applicant has submitted a Parking Study analyzing the Community Development 2008-06-17 7 characteristics of parking for the proposal; 9) With the proposed conditions of this proposed development, the Parking Study has demonstrated the provided parking will adequately serve the proposal and, as such, the requested parking reduction has been justified; 10) The proposal includes reductions to the side (south) setback for both the retail sales and service use and the outdoor storage use from 10 feet to 5.1 feet (to building, pavement and the outdoor storage area) and a side (east) setback reduction to 5.1 feet to pavement for the parking lot; 11) The proposed setbacks for this proposed retail sales and service use is consistent with setbacks to building and/or pavement on surrounding neighboring properties; 12) The proposed, reduced south side setback also will assist to mitigate negative impacts of the functional uses at the rear of the Albertsons grocery store on surrounding properties and the traveling public on S. Main Avenue and Rainbow Drive; 13) The proposal provides the required landscape buffers around the site, interior landscaping and foundation landscaping; and 14) There is no outstanding Code Enforcement issue associated with the subject property. Conclusions of Law: 1) That the development proposal is consistent with the Standards as per Section 2-701.1 and Tables 2-702,2-703 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 (1) a 6,000 square-foot building for retail sales and service use (lawn mower and other power equipment sales and repair) and (2) a 2,008 square-foot outdoor retail sales, display or storage use (in conjunction with and adjacent to the east side of the proposed building) in the Commercial (C) District with a reduction to the side (south) setback from 10 to 5.1 feet (to building and pavement), a reduction to the side (east) setback from 10 feet to 5.1 feet (to pavement), a reduction to required parking from five spaces per 1,000 square-feet (40 spaces) to 2.87 spaces per 1,000 square-feet (23 spaces) and a deviation to allow the outdoor storage of power equipment within the side (south) setback, as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-704.C, with the following Conditions of Approval: 1) That the final design and color of the retail sales and services building and outdoor storage area be consistent with the conceptual elevations approved by the CDB; 2) That, due to reduced parking below that required by Code, any future change in the building tenant be evaluated for complementary operational characteristics and parking demand, and may require additional provided parking and/or approval by the CDB; 3) That the opaque screening fabric, located on the fencing along the north, east and south sides of the outdoor storage area, provide 100 percent opacity, be maintained in a clean and attractive appearance and shall be in good repair at all times; 4) That, due to reduced parking below that required by Code, the outdoor area be restricted to storage only and the storage of materials within this area, including any storage racks, not be visible above the screening fence; 5) That the overhead doors on the south side of the building be for ventilation purposes only and not for building access from the area south of the building; 6) 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; 7) That, prior to the issuance of any permits, the landscape plan be amended to ensure interior landscape areas are planted with shrubs and groundcovers in accordance with Section 3-1202. E.1; 8) That exterior electrical boxes and meters and similar equipment must be painted the same color as the building prior to the issuance of the Certificate of Occupancy; and 9) That, Community Development 2008-06-17 8 prior to the issuance of any permits, compliance with all requirements of General Engineering, Traffic Engineering and Stormwater Engineering be met. Member Coates moved to approve Case FLD2008-04011 on today's Consent Agenda based on evidence in the record, including the application and the Staff Report, and hereby adopt the Findings of Fact and Conclusions of Law stated in the Staff Report, with conditions of approval as listed. The motion was duly seconded and carried unanimously. 2. Pulled from Consent Agenda Case: Amendment to Beach by Design Special Area Plan Level Three Application Applicant: City of Clearwater, Planning Department. Request: Amendments to Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines, allowing for increased height for overnight accommodation uses being allocated additional density via the Hotel Density Reserve, and modifying the design guideline governing the theoretical maximum building envelope as it pertains to overnight accommodation uses. Neighborhood Association: Clearwater Neighborhoods Coalition (President, Shelley Kuroghlian, 1821 Springwood Circle S, Clearwater, FL 33763). Presenter: Robert G. Tefft, Planner III. 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. Senior Planner Robert Tefft reviewed the item. At its meeting of March 31, 2008, the City Council approved on first reading amendments to Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines (Ordinance 7925-08) that, among other things, established the Hotel Density Reserve (Reserve). The Reserve consists of 1,385 hotel rooms that are intended to assist developers in overcoming the constraints upon hotel development on Clearwater Beach due to the recognized economic disparity with condominium development as well as to facilitate the restoration of lost mid-size, mid-priced hotels. As a part of its discussions on the amendments, the City Council recognized that additional height might, in fact, be needed in certain circumstances in order to accommodate the additional density that may be allocated from the Reserve to a project. As such, the City Council provided direction to further amend Beach by Design to allow for increased height for hotels being allocated additional density from the Reserve, but only in limited locations. In addition to the above, the City Council made note of an existing design guideline within Beach by Design that could prevent hotels from being able to accommodate in the design all of the hotel rooms that they may otherwise be able to have allocated from the Reserve. Following further review of this provision, revisions are proposed that would alleviate the negative potential of this provision. The proposal amends Beach by Design Section VII, Design Guidelines; Subsection B. Height, to allow for the maximum height to be increased to 150 feet if additional density is allocated to the development via the Reserve, but only for those properties located between South Gulfview Boulevard and the Gulf of Mexico or located on the west side of Coronado Drive. The proposal also amends Subsection C. Design, Scale and Mass of Buildings, to allow Community Development 2008-06-17 9 for 75% (instead of 60%) of the theoretical maximum building envelope to be occupied by a building for those hotels on less then 2.0 acres that have been allocated additional density via the Reserve. Community Development Code (CDC) Section 4-601 sets forth the procedures and criteria for reviewing text amendments. All text amendments must comply with the following: 1) The proposed amendment is consistent with and furthers the goals, policies and objectives of the Comprehensive Plan. A selected list of goals, objectives and policies from the Clearwater Comprehensive Plan that are furthered by the proposed amendments to Beach by Design: Goal 2 - The City of Clearwater shall utilize innovative and flexible planning and engineering practices, and urban design standards in order to protect historic resources, ensure neighborhood preservation, redevelop blighted areas, and encourage infill development. Objective 2.1 - The redevelopment of blighted, substandard, inefficient and/or obsolete areas shall be a high priority and promoted through the implementation of redevelopment and special area plans, the construction of catalytic private projects, city investment, and continued emphasis on property maintenance standards. Policy 2.1.1 - Redevelopment shall be encouraged, where appropriate, by providing development incentives such as density bonuses for significant lot consolidation and/or catalytic projects, as well as the use of transfer of developments rights pursuant to approved special area plans and redevelopment plans and 2) The proposed amendment furthers the purposes of the Community Development Code and other City ordinances and actions designed to implement the Plan. The proposed amendment to Beach by Design will further the purposes of the Community Development Code in that it will be consistent with the following purposes set forth in CDC Section 1-103: Allowing property owners to enhance the value of their property through innovative and creative redevelopment (CDC Section 1-103.8.1), Strengthening the City's economy and increasing its tax base as a whole (CDC Section 1-103.8.3). The proposed amendment to Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines are consistent with and furthers the goals of the Clearwater Comprehensive Plan and the purposes of the Community Development Code. Further, the proposed amendment will assist in overcoming the constraints upon hotel development on Clearwater Beach by helping to facilitate the restoration of lost mid-size, mid-priced hotels. The Planning Department recommends approval of Ordinance 7967-08 that amends Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines. In response to a concern regarding a potential loss of view corridors, Mr. Tefft said plan changes only affect heights above 45 feet by allowing a little more space. The lack of an exact formula permits site design flexibility. Planning Director Michael Delk said buildings taller than 100 feet require separation by at least 100 feet. Member Coates moved to recommend approval of the Amendment to Beach by Design Special Area Plan 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. Community Development 2008-06-17 10 3. Pulled from Consent Agenda Case: REZ2008-04002 -1241,1261 and 1281 Gulf Blvd. Level Three Application Owner/Applicant: City of Clearwater. Representative: Michael Delk, Community Development Coordinator (100 South Myrtle Avenue, Clearwater, FL 33756; telephone: 727-562-4567). Location: 2.94 acres located on the southeast side of Gulf Boulevard approximately 2,900 feet south of Clearwater Pass Bridge. Atlas Page: 303B. Request: Application for Zoning Atlas amendment approval from the Business (B) District to the Commercial (C) District under the provisions of Community Development Code Section 4-602. Existing Uses: Retail sales and service, Restaurant and Office uses. Neighborhood Association(s): Clearwater Neighborhoods Coalition (President, Shelley Kuroghlian, 1821 Springwood Circle S, Clearwater, FL 33763); and Sand Key Civic Association (Mike Dooley, President, P.O. Box 3014, Clearwater, FL 34630). Presenter: Michael Delk, AICP, Planning Director. Chair Fritsch declared a conflict of interest. Member Behar 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. Members Coates, Tallman, Behar, DiPolito, Adelson, and Acting Member Carlough voted "Aye"; Chair Fritsch abstained. Motion carried. Mr. Delk reviewed the item. He said the City had initiated the request. This rezoning application involves one 2.94-acre property owned by the D. A. Bennett Company. The subject property is located on the southeast side of Gulf Boulevard, approximately 2,900 feet south of Clearwater Pass Bridge. The property has a Future Land Use Plan (FLUP) category of Resort Facilities High (RFH) and has been governed by a Settlement Stipulation. The City of Clearwater is requesting to rezone the property from the Business (B) District to the Commercial (C) District. The City dissolved the B District in 1972. Subsequently, a lawsuit was filed against the City of Clearwater by United States Steel Corporation, Cheezem Investment Program I and Cheezem Land Corporation (originally styled United States Steel Corporation, Plaintiff vs. City of Clearwater, a municipal corporation, Defendant (Case 78-4765-7)) in the Circuit Court for Pinellas County. The resulting Settlement Stipulation restored the dissolved B District for the subject properties and three other locations on Sand Key for a period of twenty years. The Settlement Stipulation governed the intensities and densities on the subject property. The subject property is a portion of "Parcel III," as listed in the Settlement Stipulation. Section 12 of the Settlement Stipulation states: "Plaintiffs shall be entitled to develop up to 85,000 square-feet of non-residential floor area on Parcel III. In addition, Plaintiffs shall be entitled to develop up to one hundred ten residential dwelling units on Parcel III, or up to two hundred twenty hotel units on Parcel III, or any combination thereof, with a conversion ratio of one residential dwelling unit or two hotel units. No structure on Parcel III shall be in excess of one-hundred feet above the established flood plain level..." The subject property currently is developed with approximately 36,000 square-feet of non-residential floor area. The development is comprised of three, one-story commercial Community Development 2008-06-17 11 buildings. The two southerly buildings (Shoppes on Sand Key) have restaurant, retail sales and services, and office uses totaling approximately 29,000 square-feet. The third building has a restaurant use (Columbia Restaurant) and is approximately 7,000 square-feet. Section 25 of the Settlement Stipulation states: "The development rights agreed to herein shall remain in full force and effect for a period of 20 years, and thereafter the City of Clearwater shall be free to regulate the use of the four parcels without limitation as a result of the final judgment entered in this cause in this Settlement Stipulation." The Final Judgment Settlement Stipulation was dated October 17, 1986; therefore it expired on October 17, 2006. As indicated, the City has the right and obligation to provide land development regulations consistent with the Countywide Rules, the City's Comprehensive Plan and the Community Development Code. Under Chapter 163 of Florida State Statutes, the City's land development code shall be consistent with the City's Future Land Use Map and Comprehensive Plan. The B District is not listed in the City's FLUP of the Comprehensive Plan; therefore the B District is inconsistent with any FLUP category. The C District is listed in the Future Land Use Element of the City's Comprehensive Plan as consistent with the RFH Future Land Use Plan category. The property exceeds the minimum required lot area and lot width for the existing uses in the C District. All existing uses of the property are permitted uses in the C District. An amendment of the zoning atlas from the B District to the C District for the subject property is requested. The property exceeds the minimum lot area and lot width requirements for restaurant, retail sales and services and office uses. Surrounding uses include overnight accommodations to the north, attached dwellings to the west, attached dwellings to the south and the Intracoastal Waterway to the east. The proposed rezoning will be compatible with the existing neighborhood and is compatible with the existing future land use category and reflects the current mix of uses on the property. The proposed C District is consistent with the City Comprehensive Plan, is compatible with the surrounding area, does not conflict with the needs and character of the neighborhood and City, does not require nor affect the provision of public services and the boundaries are appropriately drawn. Based on its analysis, the Planning Department recommends approval of the request to amend the zoning atlas designation of 1241,1261 and 1281 Gulf Boulevard from the Business (B) District to the Commercial (C) District. Member Behar moved to accept Scott Rice as an expert witness in the fields of civil engineering, land development, and environmental and hydraulic engineering. The motion was duly seconded. Members Coates, Tallman, Behar, DiPolito, Adelson, and Acting Member Carlough voted "Aye"; Chair Fritsch abstained. Motion carried. Assistant Engineering Director Scott Rice reviewed utility issues in the staff report. Member Tallman moved to accept Himanshu Patni as an expert witness in the fields of traffic operations: speed studies, signs & markings, A TMS/ITS deployment, traffic studies & fees, parking lot permits, ordinance review, and developmental impact on transportation, and Community Development 2008-06-17 12 network support. The motion was duly seconded. Members Coates, Tallman, Behar, DiPolito, Adelson, and Acting Member Carlough voted "Aye"; Chair Fritsch abstained. Motion carried. Engineering Specialist Himanshu Patni reviewed corrections to the staff report in the transportation section, which would increase trip counts. Michael Foley, representative, said the property owner objects to the request. He said an appeal of the City's denial of the property owner's request for Tourist zoning is pending in Circuit Court. After denying the request, he said the City amended its Code to allow Commercial zoning for the site. He said this application is improper while the Circuit Court considers the appeal. He requested that the CDB deny the request or continue the item. Assistant City Attorney Leslie Dougall-Sides said pending Court action did not place a hold on the City's ability to rezone the property. When it denied the property owner's request, the City Council directed staff to process a new application. The City will abide by the Circuit Court decision, which could take up to six months. Discussion ensued regarding the pending Court decision and possible ramifications. It was felt that action should be delayed, as approval would add too much complexity to the mix. It was stated action on this issue is not urgent as there are no current plans to redevelop the property. Discussion ensued regarding the length of continuance. Acting Member Carlough moved to continue Case REZ2008-04002 to July 15, 2008, to review Circuit Court action. The motion was duly seconded. Members Coates, Tallman, Behar, DiPolito, Adelson, and Acting Member Carlough voted "Aye"; Chair Fritsch abstained. Motion carried. F. ADJOURN: The meeting adjourned at 1 :50 p.m. ~C~(-' Chair Community Development Board Community Development 2008-06-17 13 o Clea~ater u Going Green with less paperwork TO: Community Development Board Members FROM: Gina Clayton, Assistant Planning Director SUBJECT: DATE: Agenda Items for June 17, 2008 June 12, 2008 CDB packets being distributed on contain the following items: Agenda Unapproved minutes of previous meeting May 20, 2008 Site investigation and packet listing LEVEL TWO APPLICATION (Item 1): 1. . I Case: FLD2008-04011 - 301 S. Main Avenue ---/,t-Yes no LEVEL THREE APPLICATIONS (Items 1 - 3): 1. kase: REZ2008-04002 - 1241, 1261 and 1281 Gulf Boulevard V Yes no 2. .tCase: REZ2008-05003 - 1170, 1180, 1200 and 1226 Gulf Boulevard V Yes no 3. ) Case: REZ2008-05004 -1520, 1540 and 1560 Gulf Boulevard II Yes no 4. Icase: REZ2008-05005 - 1501 Gulf Boulevard Yes no 5. j Case: LUZ2008-05002 - 1551 Gulf Boulevard Yes no 6. Case: Amendment to Beach by Design Special Area Plan Date: {tr(iJ-O<[ Signature: S:\Planning DepartmentlC D BlAgendas DRC & CDBICDB\2008\06 June 17. 2008\1 Cover MMO 6.17.2008.doc o Clea~ater u Going Green with less paperwork TO: Community Development Board Members FROM: Gina Clayton, Assistant Planning Director SUBJECT: DATE: Agenda Items for June 17,2008 June 12,2008 CDB packets being distributed on contain the following items: Agenda Unapproved minutes of previous meeting May 20, 2008 Site investigation and packet listing LEVEL TWO APPLICATION (Item 1): 1. ~ase: FLD2008-040 11 - 301 S. Main Avenue / Yes no LEVEL THREE APPLICATIONS (Items 1 - 3): 1. ~ase: REZ2008-04002 -1241, 1261 and 1281 Gulf Boulevard . Yes no 2. / Case: REZ2008-05003 - 1170, 1180, 1200 and 1226 Gulf Boulevard Yes no 3. / Case: REZ2008-05004 - 1520, 1540 and 1560 Gulf Boulevard Yes no 4. /" Case: REZ2008-05005 -1501 Gulf Boulevard Yes no 5. /Case: LUZ2008-05002 - 1551 Gulf Boulevard Yes no 6. Case: ach by Design Special Area Plan I have conduct Signature: .--:::> Date: S:\Planning Department\C D BlAgendas DRC & CDBICDBI2008\06 June 17. 2008\1 Cover MMO 6.17.2008.doc FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS DATE ON WHICH V01]..OCCURRED ~~e /7 ~~e o OTHER LOCAL AGENCY CITY g.tJ,c~ #/3-D cO)lfjTY W~ n/1~ WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the . parE~nt organization or subsidiary of a corporate princip~1 by,which he or she is retained); to the special pri~ate gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daught~r-in-Iaw. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the' officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange), . ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AnER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of ~he meeting, who should incorporate the form in the minutes. . . . . . APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matterS. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: . You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 8B - EFF. 1/2000 PAGE 1 APPOINTED OFFICERS (continued) . A copy of the form must be provided immediately to the other members of the agency. . The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: . You must disclose orally the nature of your conflict in the measure before participating. . You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. I, 4t1&~. Ph't3d- DISCLOSURE OF LOCAL OFFICER'S INTEREST ~ JlIu. , hereby disclose that on /7 ,20 013 : (a) A measure came or will come before my agency which (check one) $.- inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative. inured to the special gain or loss of whom I am retained; or inured to the special gain or loss of is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: , by , which ~ ;tl~. I!E':(;;l.()08 -ot.fOt9~ - I;) <//1 !;;""I ~I ;J.K/ .~t/~7ti-1 a. /J~ Yo ~ {! 7A~\c:t /l,'5 ?td:ut ~ ~ r-()JC(~ '-k> A/I{r /~~ ~~. -r3dA.Ld~" oj ~ ~ ~ ;:5~ tP'V /.,tie. ~ f7-{ tL ~~ 1; '-/8.-R- ~ "ll <jw V~ <>J-~ ~ _~ '--/1-u- ~ '7J ,?-?~~C. s1f.~~{ ~/~. Date Filed - J~ /1-. /()08 I NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENAL TV NOT TO EXCEED $10,000. CE FORM 88 - EFF. 1/2000 PAGE 2