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08/26/2008 COMMUNITY DEVELOPMENT BOARD MEETING MINUTES CITY OF CLEARWATER August 26, 2008 Present: Dana K. Tallman Acting Chair Jordan Behar Board Member Board Member Frank L. Dame Richard Adelson Board Member Norma R. Carlough Acting Board Member Absent: Nicholas C. Fritsch Chair Thomas Coates Vice Chair Doreen DiPolito Board Member Also Present: Gina Grimes Attorney for the Board Leslie Dougall-Sides Assistant City Attorney Michael L. Delk Planning Director Catherine Porter Planning Manager Robert Tefft Development Review Manager Patricia O. Sullivan Board Reporter The meeting was called to order at 1:02 p.m. at City Hall. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. Member Dame moved to appoint Member Tallman as Acting Chair. The motion was duly seconded and carried unanimously. Acting Chair Tallman offered the Invocation and led the Pledge of Allegiance. C. APPROVAL OF MINUTES OF PREVIOUS MEETING: July 15, 2008 Member Dame moved to approve the minutes of the regular Community Development Board meeting of July 15, 2008, as submitted in written summation to each member. The motion was duly seconded and carried unanimously. D. REQUEST FOR CONTINUANCE (to September 16, 2008): (Item 1) Community Development 2008-08-26 1 1. Case: FLD2008-02002 – 1590 Gulf Boulevard Level Two Application Owner/Applicant: Belleview Biltmore Owner, LLC. Representative: Richard Heisenbottle, R. J. Heisenbottle Architects, P.A (2199 Ponce de Leon Boulevard, Suite 400. Coral Gables, FL 33134; phone: 305-446-7799; fax: 305-446- 9275; email: Richard@rjha.net). Location: 1.38 total acres (0.96 acre zoned Commercial District; 0.42 acre zoned Open Space/Recreation and Preservation Districts) located on the west side of Gulf Boulevard, approximately 1,100 feet north of the City limits line between Clearwater and Belleair. Atlas Page: 311A. Zoning: Commercial (C) District. Request: Flexible Development approval to permit a 38-unit overnight accommodation use with a 125-seat accessory restaurant in the Commercial (C) District with a reduction to the required lot width from 200 to 88.41 feet, a reduction to the front (east) setback from 25 to five feet (to pavement), a reduction to the side (north) setback from 10 to zero feet (to building), a reduction to the rear (west) setback from the Coastal Construction Control Line (CCCL) from 20 to zero feet, to allow proposed temporary cabanas up to 25 feet west of the CCCL and an increase to building height from 25 to 67 feet, as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-704.C; and a reduction to the front (east) perimeter buffer from 15 to five feet (to pavement), a reduction to the side (north) perimeter buffer from 10 to zero feet (to building and pavement) and a reduction to the width of interior landscape islands from eight to 4.6 feet inside curbing, as a Comprehensive Landscape Program, under the provisions of Section 3-1202.G. Proposed Use: 38-unit overnight accommodation use with a 125-seat accessory restaurant. Neighborhood Associations: Sand Key Civic Association; Clearwater Beach Association; and Clearwater Neighborhoods Coalition. Presenter: Wayne M. Wells, AICP, Planner III. In his August 18, 2008 letter, Thomas Reynolds, representing Legg Mason Real Estate Investors, Inc., noted three board members would not be attending the August 19, 2008, CDB (Community Development Board) meeting and requested the item be continued, pursuant to CDB rules. Two people said many oppose the item and requested that it be continued to October and November. Tom Reynolds, representing the applicant, requested the item be continued to the next meeting. Member Behar moved to continue Case FLD2008-02002 to September 16, 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 – 4) Community Development 2008-08-26 2 1. Case: FLD2006-04026 – 2166 Palmetto Street Owner: Progress Energy. Representative: Boris Hornjak (15500 Lightwave Drive, Suite 100, Clearwater, FL; phone: 727-524-6000; fax: 727-524-6998). Location: 14.106 acres at the southwest corner of Palmetto Street and Belcher Road. Atlas Page: 271B. Zoning District: Industrial, Research and Technology (IRT) District. Request: Extend the time frame of the Development Order. Proposed Use: Office/Storage/Vehicle Service. Presenter: Robert G. Tefft, Development Review Manager. The Murray Company, on behalf of Progress Energy, requested a one-year extension, which would expire on August 15, 2009. Pursuant to Community Development Code (CDC) Section 4-407, extensions of time “shall be for good cause shown and documented in writing.” The Code further delineates that good cause “may include but is 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 due to a significant downturn in the national economy. It should be noted that, pursuant to CDC Section 4-407, the Planning Director previously granted a one-year extension of time. See page 8 for motion of approval. 2. Case: FLD2008-06016 – 1996 Gulf-to-Bay Boulevard Level Two Application Owner/Applicant: ZY LLC. Representative: Joseph Perlman (1101 Belcher Road, Suite B. Largo, FL 33771; phone: 727-536-2711; fax: 727-536-2714). Location: 0.497 acre located at the northwest corner of Gulf-to-Bay Boulevard and S. Hercules Avenue. Atlas Page: 289A. Zoning: Commercial (C) District. Request: Flexible Development approval to permit the re-establishment of an automobile service station in the Commercial (C) District with a reduction to the front (south) setback from 25 to five feet (to existing pavement), a reduction to the front (east) setback from 25 to five feet (to existing pavement), reductions to the side (north) setback from 10 to 7.33 feet (to existing building), to four feet (to existing pavement) and to one-foot (to existing covered concrete slab), reductions to the side (west) setback from 10 to seven feet (to existing pavement) and to 6.5 feet (to existing dumpster enclosure), as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-704.C, and reductions to the perimeter buffers along Gulf to Bay Boulevard and S. Hercules Avenue from 15 to five feet (to existing pavement) and a reduction to the landscape buffer along the north property line from five to four feet (to existing pavement) and to one-foot (to existing covered concrete slab), as a Comprehensive Landscape Program, under the provisions of Section 3-1202.G. Proposed Use: Automobile service station. Neighborhood Associations: Skycrest; East Gateway and Clearwater Neighborhoods Coalition. Presenter: Wayne M. Wells, AICP, Planner III. Community Development 2008-08-26 3 The 0.497-acre is located at the northwest corner of Gulf-to-Bay Boulevard and S. Hercules Avenue. The site contains an existing 643 square-foot building, automated car wash, gas pumps, and canopy completed in 1988. 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 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 a Business Tax Receipt (occupational license) to operate a gas station/convenience store/carwash on the site, staff determined that such re-establishment requires a Flexible Development application for Comprehensive Infill Redevelopment Project use, due to the site not meeting certain development and landscape criteria. On March 1, 2008, the owner filed an appeal of this decision (Case APP2008-00003). On May 20, 2008, the CDB denied the appeal request. This application was filed in order to re-establish the automobile service station at this location. Office uses are located adjacent to the north and west, with attached dwellings located farther north. The area along Gulf-to-Bay Boulevard can be characterized as commercially developed within the Commercial (C) District, with office and retail sales and services uses and another automobile service station within close proximity of the subject property. Clearwater High School is located across Gulf-to-Bay Boulevard to the south within the Institutional (I) District. The proposal is to permit the re-establishment of an automobile service station on this property. The existing retail building, car wash building, and gas pumps will be used in their present location. Vehicle fueling stations require vehicles to be parked in a north/south orientation at the pump islands. The existing underground gas tanks are located on the north side of the property. The existing site is accessed by a driveway on the north side of the site on S. Hercules Avenue and by two driveways on Gulf-to-Bay Boulevard. In order to re-establish the automobile service station, staff requires the removal of the eastern driveway on Gulf-to-Bay Boulevard, as this driveway is too close to S. Hercules Avenue. The applicant is proposing to close this eastern driveway and replace it with a landscape buffer equal in depth as the existing landscape buffer along Gulf-to-Bay Boulevard. The closing of this existing eastern driveway will not compromise tanker truck access to this site, as the tanker truck will continue to use the western driveway on Gulf-to-Bay Boulevard to enter the site to fill the underground gas tanks on the northern portion of the site before exiting to S. Hercules Avenue. Three parallel parking spaces will be re-established on the west side of the site through re-striping of the pavement. The existing handicap parking space on the south side of the convenience store will be retained and an accessible path will be established to Gulf-to-Bay Boulevard. The site will be re- landscaped and dilapidated fencing replaced. An existing shed-type roof over a concrete slab on the north side of the car wash building will be removed. The existing freestanding sign at the southeast corner will be retained in its present location. Colors of and the locations of the buildings, canopy and signage will remain in their present conditions. 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. Based on the proposed floor area of 643 square-feet, the proposed FAR is 0.029 and is, therefore, consistent with the Countywide Future Land Use Plan with regard to the maximum allowable FAR. Community Development 2008-08-26 4 Impervious 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 0.82, which is consistent with the Code provisions. Minimum Lot Area and Width: Pursuant to Table 2-703 of the Community Development Code, the minimum lot width and area for an automobile service station use is 10,000 square- feet and 100 feet respectively. The subject property is 21,644 square feet in area and has 144 feet of frontage along Gulf-to-Bay Boulevard and 150 feet of frontage along S. Hercules Avenue. 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 an automobile service station use is 25 feet (parking lots can be at a minimum of 15 feet) and the minimum side setback is 10 feet. Since the subject property is a corner lot, the south and east portions of the property must meet a front setback, while the north and west sides must meet a side setback. The proposal includes a reduction to the front (south) setback from 25 to five feet (to existing pavement), a reduction to the front (east) setback from 25 to five feet (to existing pavement), reductions to the side (north) setback from 10 to 7.33 feet (to existing building), to four feet (to existing pavement) and to one-foot (to existing covered concrete slab) and reductions to the side (west) setback from 10 to seven feet (to existing pavement) and to 6.5 feet (to existing dumpster enclosure). This application must be processed as a Comprehensive Infill Redevelopment Project due to the proposed setback reductions being less than the minimums set forth in the Code. The applicant desires to re-establish the automobile service station basically as it presently exists. Important to staff is the elimination of the eastern driveway on Gulf-to-Bay Boulevard that does not meet current spacing requirements from intersections. The applicant has agreed to remove this driveway and install a landscape buffer at the same depth as the existing buffer along Gulf-to-Bay Boulevard, which is approximately five feet in depth. While the site does not meet current setback requirements to structures (pavement), any widening of the perimeter buffers would create functionality issues for the operation of the service station as it is presently developed. Upgrading the landscaping within these perimeter buffers would significantly improve the visual appearance of this site. The existing dumpster enclosure in the northwest portion of the site is located 6.5 feet to the west property line. Its location is acceptable, so long as the enclosure is repaired or replaced. There presently exists a covered slab on the north side of the car wash building that is used for mechanical equipment and supplies for the car wash. Staff cannot find any record for the shed roof over the concrete slab. The applicant proposes to remove this existing shed roof. The deteriorated fencing around this slab encroaches onto the property to the north and the applicant will relocate and repair or replace this fence. The adjacent office building to the west and its associated parking lot to the north of the subject site is developed with pavement at similar setbacks to that existing at this automobile service station. Commercial property to the east and southeast are presently developed with pavement at less than five feet in depth from the property line, with many at a zero feet front setback. The existing church parking lot to the northeast across S. Hercules Avenue is located approximately at a similar setback as the subject property. The parking lot pavement at Clearwater High School across Gulf-to-Bay Boulevard is at a zero-foot front setback. Based on this existing character of the surrounding area, the existing pavement setbacks at this site are compatible and consistent with this character. The upgrading of the landscaping within these Community Development 2008-08-26 5 existing buffers will enhance this site and assist in the improvement of the visual aspect at this intersection. Maximum Building Height: Pursuant to Tables 2-703 of the Community Development Code, the maximum allowable height as a minimum standard for an automobile service station use is 25 feet. The existing gas canopy over the convenience store and gas pumps is approximately 16.7 feet to the top of the canopy, well below the minimum standard height. Minimum Off-Street Parking: Pursuant to Table 2-703 of the Community Development Code, the minimum required parking for an automobile service station is five spaces per 1,000 square-feet of GFA. As such, the minimum number of required parking spaces is three parking spaces. The proposal includes four parking spaces, three parallel spaces on the west side and one handicap space on the south side of the convenience store, which exceeds the minimum required amount of parking spaces. The proposal includes the removal of the eastern driveway on Gulf-to-Bay Boulevard. This existing driveway does not meet current driveway spacing requirements from intersections and its removal will reduce turning movements and increase safety along Gulf-to-Bay Boulevard. A FDOT (Florida Department of Transportation) permit is required to remove this driveway. 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. Mechanical equipment for the convenience store is located on its roof, while mechanical equipment for the car wash is located on a concrete slab on the north side of the car wash building. The car wash mechanical equipment is screened with opaque fencing. This fencing has deteriorated and will be repaired or replaced. Based upon the fencing being repaired or replaced, the development proposal would be 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 Gulf-to-Bay Boulevard and S. Hercules Avenue, 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. All on-site electric and communication lines presently are located 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 15-foot wide landscape buffer along Gulf-to-Bay Boulevard and along S. Hercules Avenue, while a five-foot landscape buffer is required along the west and north property lines. The proposal includes reductions to the perimeter buffers along Gulf-to-Bay Boulevard and S. Hercules Avenue from 15 to five feet (to existing pavement) and a reduction to the landscape buffer along the north property line from five to four feet (to existing pavement) and to one-foot (to existing covered concrete slab). Community Development 2008-08-26 6 Some of the previously approved landscaping has died and not been replaced. This proposal will replace missing landscaping and be otherwise enhanced with additional landscaping to improve the visual appearance of this site. The ligustrum hedge in all of the perimeter buffers will be filled in and groundcover plants added to the buffers along Gulf-to-Bay Boulevard and Hercules Avenue. Missing required trees within the south, east and north buffers will be replanted palms and crape myrtles. Similar landscaping to that existing will be planted in the area where the eastern driveway on Gulf-to-Bay Boulevard is to be removed. In conjunction with the discussion regarding required setbacks, while the width of the landscape buffers along Gulf-to-Bay Boulevard and S. Hercules Avenue will not be met, the re-landscaping of this site will enhance this site and serve to upgrade the appearance of the surrounding area. Solid Waste: There exists a dumpster enclosure to the west of the car wash building in the northwest portion of the site. The fencing for this enclosure is deteriorated and needs to be repaired or replaced. The proposal has been found to be acceptable by the City’s Solid Waste Department. Signage: This proposal does not include any change to the existing freestanding or attached signage. There is an active Code Enforcement issues associated with the subject property to replace landscaping that has died (CDC2008-02010). Approval of this request will require re- landscaping of the property The Development Review Committee (DRC) reviewed the application and supporting materials at its meeting of July 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 0.497 acres is located at the northwest corner of Gulf-to-Bay Boulevard and S. Hercules Avenue; 2) The site presently is developed with an automobile service station, including an existing 630 square-foot building, automated car wash, gas pumps and canopy completed in 1988; 3) The proposal is to permit the re-establishment of an automobile service station on this property; 4) The proposal includes closing the eastern driveway on Gulf-to-Bay Boulevard and replacing it with a landscape buffer equal in depth as the existing landscape buffer along Gulf-to-Bay Boulevard; 5) The existing eastern driveway on Gulf-to-Bay Boulevard does not meet current driveway spacing requirements from intersections and its removal will reduce turning movements and increase safety along Gulf-to-Bay Boulevard; 6) The proposal includes setback and landscape buffer reductions to the existing pavement, dumpster enclosure and concrete slab north of the car wash building; 7) Based on the existing character of the surrounding area, the existing pavement setbacks at this site are compatible and consistent with this character; 8) Parking spaces will be re-established on-site, meeting Code requirements; 9) An existing shed-type roof over a concrete slab on the north side of the car wash building will be removed; 10) Deteriorated fencing will be repaired or replaced and be relocated to be on-site; 11) The dumpster enclosure will be improved to the satisfaction of the Solid Waste Department, including the repair or replacement of the enclosure; 12) The proposal includes re-landscaping the site and enhancing the buffers along Gulf-to-Bay Boulevard and S. Hercules Avenue, which will improve the visual appearance of this site; and 13) There is an active Code Enforcement case relating to the landscaping on the subject property, which will be resolved by re- landscaping the site under this proposal. Community Development 2008-08-26 7 Conclusions of Law: 1) That the development proposal is consistent with the Standards as per Section 2-701.1 and Table 2-703 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 the re-establishment of an automobile service station in the Commercial (C) District with a reduction to the front (south) setback from 25 to five feet (to existing pavement), a reduction to the front (east) setback from 25 to five feet (to existing pavement), reductions to the side (north) setback from 10 to 7.33 feet (to existing building), to four feet (to existing pavement) and to one-foot (to existing covered concrete slab), reductions to the side (west) setback from 10 to seven feet (to existing pavement) and to 6.5 feet (to existing dumpster enclosure), as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2- 704.C, and reductions to the perimeter buffers along Gulf-to-Bay Boulevard and S. Hercules Avenue from 15 to five feet (to existing pavement) and a reduction to the landscape buffer along the north property line from five to four feet (to existing pavement) and to one-foot (to existing covered concrete slab), as a Comprehensive Landscape Program, under the provisions of Section 3-1202.G, with the following Conditions of Approval: 1) That application for a building permit to construct the site improvements be submitted by September 2, 2008; 2) That, prior to the issuance of the site improvement building permit, the applicant obtain a permit from the Florida Department of Transportation to remove the eastern driveway on Gulf-to-Bay Boulevard; 3) That all site improvements be constructed within 60 days of the issuance of the site improvements building permit; 4) That the shed roof over the concrete pad north of the car wash building be removed; 5) That the dumpster enclosure be improved to the satisfaction of the Solid Waste Department, including the repair or replacement of the enclosure; and 6) That existing deteriorated fencing screening the mechanical equipment concrete slab on the north side of the car wash building be relocated to be on the subject site and be repaired or replaced. Member Dame moved to approve Cases FLD2006-04026 and FLD2008-06016 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. 3. Pulled from Consent Agenda Level Three Application Case: TA2008-07003 - Amendments to the Community Development Code Applicant: City of Clearwater, Planning Department. Request: Amendments to the Community Development Code to adopt criteria by which sandwich board signs may be permitted in certain areas, provide a fee for such signage, and to add a definition for traditional urban corridor. Neighborhood Association: Clearwater Neighborhoods Coalition. Presenter: Robert G. Tefft, Development Review Manager. The proposed amendments to the Community Development Code (CDC) have resulted from code compliance issues with sandwich board signs and the like in the Downtown (D) District. As a result of these issues, and the completion of the Cleveland Street Streetscape Community Development 2008-08-26 8 Project, the City Council directed staff to prepare an ordinance that would allow such signage to be present on a temporary basis (not to exceed one-year) in order to promote economic development in this developing area. The proposed ordinance would accomplish three things. First, the ordinance establishes several criteria by which sandwich board or other “A” frame type signs may be permitted. Among these criteria are the following: 1) Sandwich board signs may be displayed on the sidewalk only during hours of operation of the business and within the linear frontage of the specific business location being advertised. Under no circumstance shall the sandwich board sign be stored exterior to the business location; 2) The size of any sandwich board sign shall not exceed 42 inches in height, 20 inches in width; 3) No sandwich board sign shall be placed so as to block any public way, or within the visibility triangle of intersections or driveways. Placement may not reduce sidewalk width to less than four feet clear area. Placement may not impede ingress or egress from a business entrance nor block access or visibility of a fire hydrant; 4) The sandwich board sign shall be of a non-illuminated, freestanding, two-sided design comprised of metal, wood or synthetic materials such as chalkboard. The sign shall not be made from plastic or use plastic lettering, and shall not include a whiteboard; 5) The sandwich board sign shall be professionally designed and may use shapes and forms indicative of the type of business and the services being advertised; however such signs may not include sponsorships or advertisements for products; 6) Design must be reviewed and approved before placement. Placement prior to approval will not necessitate approval of the application as submitted; and 7) The sandwich board sign may not be attached to any structure or pole, and may not include any moving parts or attachments, including but not limited to: balloons, pennants and streamers. However, attachable items such as a removable chalkboard, that is intended to be an integral part of the sign and is not precluded by any other of these criteria, may be permitted. Second, the ordinance adopts a definition for the term “traditional urban corridor,” which is used in the aforementioned criteria for determining where sandwich board signs may be located. And third, the ordinance amends the Schedule of Fees, Rates, and Charges to establish a fee in the permitting of sandwich board signs. The proposed Ordinance 7997-08 includes each of the amendments. 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. Below is a selected list of goals, objectives and policies from the Clearwater Comprehensive Plan that are furthered by the proposed amendments to the CDC: a) Objective 4.1 - All signage within the City of Clearwater shall be consistent with the Clearwater sign code, as found within the Community Development Code, and all proposed signs shall be evaluated to determine their effectiveness in reducing visual clutter and in enhancing the safety and attractiveness of the streetscape and b) Policy 4.1.1 - Commercial signs in Clearwater shall be restricted to discourage the proliferation of visual clutter, promote community aesthetics, provide for highway safety, and to allow the identification of business locations; 2) The proposed amendment furthers the purposes of the Community Development Code and other City ordinances and actions designed to implement the Plan; 3) The proposed text amendment will further the purposes of the CDC in that it will be consistent with the following purposes set forth in CDC Section 1-103; 4) It is further the purpose of this Development Code to make the beautification of the City a matter of the highest priority and to require that existing and future uses and structures in the City are attractive and well-maintained to the maximum extent permitted by law (CDC Section 1-103.D); and 5) Provide the most Community Development 2008-08-26 9 beneficial relationship between the uses of land and buildings and the circulation of traffic throughout the City, with particular regard for safe and efficient vehicular and pedestrian traffic movement (CDC Section 1-103.E.4). At its meeting of August 6, 2008, the DDB (Downtown Development Board) reviewed the proposed ordinance and recommended a few changes to the approval criteria for sandwich board signs. These comments, which dealt with allowable materials, attachments and sponsorships/advertisements, have been incorporated into the current ordinance language. The Clearwater Chamber of Commerce has been provided with a copy of the proposed text amendment to receive their input; however, to date no comments have been received. The proposed amendments to the Community Development Code are consistent with and will further the goals of the Clearwater Comprehensive Plan and the purposes of the Community Development Code. Based upon the above, the Planning Department recommends approval of Ordinance 7997-08 that amends the Community Development Code. In response to questions, Development Review Manager Robert Tefft said a Planning Department review process will determine if proposed signs meet established criteria. There are no concrete examples of correct signage to reference. Signage will not be limited to restaurants. It was hoped the signage could feature sufficient adverting to help improve downtown retail business. Member Behar moved to recommend approval of Case TA2008-07003 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. 4. Pulled from Consent Agenda Level Three Application Case: CPA2007-06003 – Amendments to the Comprehensive Plan Applicant: City of Clearwater, Planning Department. Request: Amendments to the Comprehensive Plan of the City as adopted on May 18, 2000, and subsequently amended, by amending the Table of Contents and all elements of the comprehensive plan, making substantial changes to the elements based on the 2006 Evaluation and Appraisal Report (EAR) of the Comprehensive Plan, and making minor editorial changes, in accordance with Florida Statutes. Type of Amendment: Large Scale Neighborhood Association: Clearwater Neighborhoods Coalition. Presenter: Sandra E. Herman, Planner III This item involves amending the Clearwater Comprehensive Plan, making substantive changes as recommended in the City’s 2006 Evaluation and Appraisal Report (EAR) in accordance with the Florida State Statutes and Florida Administrative Code. Florida Statutes require local governments to adopt comprehensive plan amendments consistent with their approved EAR every seven years. The City of Clearwater’s latest EAR was prepared in 2005/06 with the assistance of consulting firm Wade Trim as well as the Citizen Advisory Committee (CAC). The City’s EAR was found sufficient by the Department of Community Affairs (DCA) on November 29, 2006. The EAR-based amendments are required to be processed as a large-scale plan amendment and adopted by the end of 2008. Community Development 2008-08-26 10 The 2006 EAR was divided into five parts: 1) Part I: Introduction; 2) Part II: Statutory Issues Assessment; 3) Part III: Issues of Local Concern; 4) Part IV: Success and Shortcomings of Each Comprehensive Plan Element; and 5) Part V: Changes in Florida Statutes. Statutory changes and issues of local concern were identified in the EAR to be addressed through EAR- Based Amendments. The EAR identified a total of five issues of local concern: 1) How can the City develop a comprehensive and diversified strategy for the City’s redevelopment; 2) How does the City provide guidance to enhance community character and livable neighborhoods; 3) How does the City develop and implement a proactive approach to facilitate attainable housing and assure safety and competitiveness of the aging housing stock; 4) How can the City develop and implement a strategy to eliminate enclaves and facilitate annexation; and 5) How does the City implement an approach to coastal and disaster management. On April 4, 2007, the City Council appointed a new CAC for the purpose of providing public participation in the preparation of the EAR-based amendments. The new CAC included several of the members of the CAC that worked on the EAR. The committee met nine times, primarily concentrating on the EAR issues of local concern. The CAC also reviewed the statutory and editorial changes that are included in the proposed amendments as Ordinance 7993-08. Notes from the CAC meetings are on file and may be accessed on the City’s website. The City Council reviewed this item at their work session meeting on August 4, 2008 and made recommendations that are in the ordinance, including retaining the current wellhead protection policy as recommended by the CAC. A document identifying each change and the source of the change has been prepared. The ordinance has an exhibit that includes changes to the text and maps within the elements (without citations). Data and analysis will be submitted to DCA with these documents as required by Florida Administrative Code 9J-5 Rule. The proposed text amendment meets State Statutes and rules by amending current Goals, Objectives and Policies of all of the elements of the City of Clearwater Comprehensive Plan as recommended in the City’s 2006 EAR and includes minor editorial changes. Ordinance 7993-08, which amends the Comprehensive Plan of the City, includes substantive and minor editorial changes to the Table of Contents and the Future Land Use, Transportation, Housing, Utilities, Coastal Management, Conservation, Recreation and Open Space, Intergovernmental Coordination, Capital Improvements, and Public School Facilities Elements, including maps within the elements, as recommended in the EAR. The substantive amendments involve updates as recommended by the EAR, and editorial such changes as updates to years given for projects, minor text changes and typographical and/or grammatical corrections. Pursuant to Community Development Code Section 4-603(F) no amendment to the Clearwater Comprehensive Plan shall be approved unless it complies with the following standards: 1) The amendment will further implementation of the comprehensive plan consistent with the goals, policies and objectives contained in the plan. The proposed amendment further refines the City’s existing policies and objectives. The proposed amendment is consistent with the existing goals, objectives, and policies contained in the comprehensive plan; 2) The amendment is not inconsistent with other provisions of the comprehensive plan. The proposed amendment is consistent with other provisions of the Comprehensive Plan; 3) The available uses, if applicable, to which the property may be put are appropriate to the property in questions and compatible with existing and planned uses in the area. The proposed amendment is a text Community Development 2008-08-26 11 amendment (includes maps within the elements) that is not directly related to a specific property; 4) Sufficient public facilities are available to serve the property. The proposed amendment is a text amendment (includes maps within the elements) that is not directly related to a specific property; 5) The amendment will not adversely affect the natural environment. The proposed amendment seeks to provide consistent and coordinated efforts for the processes and procedures for preserving and enhancing the natural environment in coordination with other agencies such as Southwest Florida Water Management District (SWFWMD), Department of Environmental Protection (DEP) and Tampa Bay Water (TBA) within several of the elements including Conservation, Coastal Management and Future Land Use as recommended in the EAR; and 6) The amendment will not adversely impact the use of property in the immediate area. The proposed amendment is a text amendment (includes maps within the elements) that is not directly related to a specific property. The purpose of this amendment is to amend the Clearwater Comprehensive Plan, amending the Table of Contents and the Future Land Use, Transportation, Housing, Utilities, Coastal Management, Conservation, Recreation and Open Space, Intergovernmental Coordination, Capital Improvements, and Public School Facilities Elements, making substantive changes as recommended in the EAR, and editorial changes, pursuant to Florida Statutes and the Rules of the Florida Administrative Code. The Planning Department staff recommends approval of Ordinance 7993-08 that amends the Clearwater Comprehensive Plan. Staff will verify the wording of the City's Vision Statement. Discussion ensued regarding a suggestion that the City's Mission Statement be expanded to reflect necessary responses to economic changes. It was commented that the need to adjust to economic changes is inferred and that "Quality of Life" is relative to current economic conditions. For consistency, it was recommended that language referencing median landscaping be modified. Senior Planner Sandra Herman reviewed two additions to the transportation improvement program. Acting Member Carlough moved to recommend approval of Case CPA2007-06003 with modifications proposed by Planning Staff and to eliminate the word "beautifully" on page A 19, Item A535, 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 . unanimously. The meeting adjourned at 1 :52 p.m. F. ADJOURN: ~ .~ .. 2 }/J?O. . Board Rep4i J0 Community Development 2008-08-26 12 ~ Clearvvater u TO: Community Development Board Members FROM: Gina Clayton, Assistant Planning Director SUBJECT: DATE: Agenda Items for August 19, 2008 August 06, 2008 CDB packets being distributed on contain the following items: Agenda Unapproved minutes of previous meeting July 15,2008 Site investigation and packet listing LEVEL TWO APPLICATIONS (Items 1-2): 1. C3Se: FLD2008-06016 - 1996 Gulf To Bay Blvd ,// /./ Yes No ZY LLC 2. C~se: FLD2008-02002 - 1590 Gulf Blvd / l/~Y es Belleview Biltmore (Cabana Club) No LEVEL THREE APPLICATIONS (Items 1-2) 1. Case: T A2008-07003 - Amendments to the Community Development Code 2. Case: CPA2007-06003 - Amendments to the Comprehensive Plan Director's Item (Item 1) 1. A'nne Extensi~2006-04026 - 2166 Palmetto Street V Yes > No Signature: Date: ~/~~~y r(L~K L :UrhVl~'-/ PRINT NAME S:\Planning DepartmentlC D BIAgendas DRC & CDBICDBI2008\08 August 19,200811 Cover MM08. 19. 2008. doc