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Community Development Board Consent Agenda - October 21, 2008 - Revised 10/20/2008:Clearwater CONSENT AGENDA COMMUNITY DEVELOPMENT BOARD Date: Tuesday, October 21, 2008 Time: 1:00 p.m. Place: 112 South Osceola Street, 3rd Floor, Clearwater, Florida, 33756 (City Hall Council Chambers) Revised 10/20/2008 Welcome the City of Clearwater Community Development Board (CDB) meeting. The City strongly supports and fully complies with the Americans with Disabilities Act (ADA). Please advise us at least 72 hours prior to the meeting if you require special accommodations. Assisted listening devices are available. An oath will be administered swearing in all participants in public hearing cases. If you wish to speak please wait to be recognized, then state and spell your name and provide your address. Persons speaking before the CDB shall be limited to three minutes unless an individual is representing a group in which case the Chairperson may authorize a reasonable amount of time up to 10 minutes. Kindly refrain from conducting private conversations, using beepers, cellular telephones, etc. as they are distracting during the meeting. Florida Statue 286.0105 states: Any person appealing a decision of this Board must have a record of the proceedings to support such appeal. Community Development Code Section 4- 206 requires that any person seeking to: personally testify, present evidence, argument and witness, cross-examine witnesses, appeal the decision and speak on reconsideration requests should request party status during the case discussion. Party status entitles parties to: personally testify, present evidence, argument and witnesses cross-examine witnesses, appeal the decision and speak on reconsideration requests. If you have questions or concerns about a case, please contact the staff presenter from the Planning Department listed at the end of each agenda item at 727-562-4567. * Make Us Your Favorite! www.myclearwater.com/gov/depts/planning Community Development Board Consent Agenda - October 21, 2008 - Page 1 of 6 A. CALL TO ORDER, INVOCATION, PLEDGE OF ALLEGIANCE B. ROLL CALL: Chair Fritsch, Vice Chair Coates, Members Adelson, Behar, Dame, Tallman, DiPolito, Alternate Member Carlough, City Staff C. APPROVAL OF MINUTES OF PREVIOUS MEETING: September 16, 2008 D. CONTINUED ITEMS (Items 1- 2): 1. Case: REZ2008-07007 - 2855 Gulf to Bay Boulevard Level Three Application Continued from the meeting of September 16, 2008 Owner/Applicant: BVG Acquisition, Inc. Representative: Katherine E. Cole, Esq.; Johnson Pope, Bokor, Ruppel & Burns, LLP (911 Chestnut Street, Clearwater, FL 33756; telephone: 727-461-1818). Location: 28.32 total acres located generally at 2855 Gulf to Bay Boulevard (south side of Gulf to Bay Boulevard between Cross Boulevard [east] and Sky Harbor Drive [west]). Atlas Page: 300A. and 300B. Request: Application for Zoning Atlas amendment approval from the Medium Density Residential (MDR) District to the Medium High Density Residential (MHDR) District under the provisions of Section 4-602 of the Community Development Code. Existing Uses: An assisted living facility providing independent living and congregate care Proposed Uses: A life care center providing assisted independent living and congregate care and skilled nursing. Neighborhood Associations: Clearwater Neighborhoods Coalition. Presenter: Gina Clayton, Assistant Planning Director. Community Development Board Consent Agenda - October 21, 2008 - Page 2 of 6 2. Case: FLD2008-05012 - 2855 Gulf to Bay Boulevard Level Two Application Owner/Applicant: BVG Acquisition Inc. Representatives: Marc Mariano and Bryan Zarlenga, Tampa Bay Engineering Group Inc. (380 Park Place Blvd, Suite 300, Clearwater, FL 33759; phone: 727-531-3505; fax: 727-531-1294; email: mmarianoktbegroup.com). Location: 31.12 total acres located generally at 2855 Gulf to Bay Boulevard (south side of Gulf to Bay Boulevard between Cross Boulevard [east] and Sky Harbor Drive [west]). Atlas Page: 300 A and 300B. Zoning: Commercial (C), Office (O) and Medium Density Residential (MDR) Districts (see companion Case REZ2008-07007 on this agenda to rezone that portion zoned MDR to Medium High Density Residential [MHDR] District). Request: Flexible Development approval for the redevelopment of the overall 31.12 acre-property zoned Commercial (C) District, Office (O) District and proposed Medium High Density Residential (MHDR) District (companion rezoning Case No. REZ2008-07007) to permit a total of 229 attached dwellings (Independent Living Units) (73 units existing to remain; 156 units proposed), a total of 40 nursing home beds (proposed) and a total of 170 beds of assisted living facility (94 beds existing to remain; 76 beds proposed); (A) In the Commercial (C) District with a lot area of 2.45 acres, a lot width of 200 feet along Gulf to Bay Boulevard (north) and a total of 210 feet along Cross Blvd, a front (north) setback along Gulf to Bay Blvd of four feet (to existing sign) and 28 feet (to existing pavement), a front (east) setback along Cross Blvd of one-foot (to existing pavement), a front (north) setback along Cross Blvd of 25 feet (to proposed guardhouse), a side (east) setback of five feet (to existing pavement), a side (west) setback of two feet (to existing pavement), a side (north) setback of zero feet (to existing pavement) and a building height of 81 feet (to roof deck of existing assisted living facility building), as a Comprehensive Infill Redevelopment Project in the Commercial (C) District, under the provisions of Section 2-704.C; (B) In the proposed Medium High Density Residential (MHDR) District with a lot area of 28.33 acres, a lot width along Sky Harbor Drive of 282 feet, a reduction to the front (west) setback along Sky Harbor Drive from 25 to 21 feet (to existing building), a reduction to the side (east) setback from 10 to five feet (to existing pavement), a reduction to the side (west) setback at the southeast corner of the adjacent nursing home parcel from 10 to five feet (to proposed pavement), an increase to building height from 30 to 82 feet (to top of roof of proposed building) and a reduction to the required number of parking spaces from 583 to 426 parking spaces, as a Residential Infill Project under the provisions of Section 2-304.G; and (C) Reductions to perimeter buffers along Cross Blvd (east) from 10 feet to one-foot (to existing pavement), along the east side from seven to five feet (to existing pavement), along the west side from five to two feet (to existing pavement), along the north side from 10 feet to zero feet (to existing pavement) and at the southeast corner of the adjacent nursing home parcel from 10 feet to five feet (to proposed pavement), as a Comprehensive Landscape Program under the provisions of Section 3-1202.G. Proposed Use: 229 attached dwellings (Independent Living Units) (73 units existing to remain; 156 units proposed), a total of 40 nursing home beds (proposed) and a total of 170 beds of assisted living facility (94 beds existing to remain; 76 beds proposed). Neighborhood Association: Clearwater Neighborhoods Coalition. Presenter: Wayne M. Wells, AICP, Planner 111. Community Development Board Consent Agenda - October 21, 2008 - Page 3 of 6 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- 6): Case: FLD2008-05013 - 100 Coronado Drive (Related to DVA2008-00001) Level Two Application Owner: K & P Clearwater Estates, LLC. Applicant: Clearwater Beach Resort Hotel, LLC. Representative: E.D. Armstrong III, Esquire, Johnson, Pope, Bokor, Ruppel & Burns, LLP (P.O. Box 1368, Clearwater, FL 33757; phone: 727-461-1818; fax: 727-462-0365; email: eda(acr?jpfirm.com). Location: 2.75 acres located directly south of Pier 60 between Coronado Drive and South Gulfview Boulevard, north of Second Street. Atlas Page: 276A. Zoning: Tourist (T) District. Request: (1) Flexible Development approval to Terminate the Status of a Nonconformity for density (200 overnight accommodation units; where 137 overnight accommodation units are permitted today) within the Tourist District, under the provisions of Section 6-109.C; (2) Flexible Development approval to permit a 450-unit Overnight Accommodation use (through an increase of the permitted density of 250 overnight accommodation units from the density pool created pursuant to Beach by Design), with a lot area of 119,856 square feet (2.75 acres), a lot width of approximately 545 feet along Coronado Drive and 227 feet along proposed Second Street, a front (east along Coronado Drive) setback of zero feet (to building and pavement), a front (south along proposed Second Street) setback of 18.83 feet (to building), a front (west and north along South Gulfview Boulevard) setback of zero feet (to building), a building height of 150 feet (to roof deck) and either 463 valet-only parking spaces or 455 valet-only parking spaces with eight public parking spaces at 1.028 or 1.011 parking spaces per hotel room, respectively, as well as the allowance of a two-year time frame to submit for a building permit, as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-803.C; (3) To reduce the required foundation landscaping along Coronado Drive and S. Gulfview Boulevard from five to zero feet (to building and pavement), as a Comprehensive Landscape Program, under the provisions of Section 3-1202.G; and (4) Vacation of a portion of S. Gulfview Boulevard (former bridge landing). Proposed Use: Overnight accommodation use of a total of 450 rooms (163.6 rooms/acre on total site) and a maximum of 37,000 square feet (0.31 FAR on total site) of amenities accessory to the hotel at a height of 150 feet (to roof deck). Neighborhood Associations: Clearwater Beach Association and Clearwater Neighborhoods Coalition. Presenter: Wayne M. Wells, AICP, Planner III. 2. Case: DVA2008-00001 - 100 Coronado Drive (Related to FLD2008-05013) Level Three Application Owner/Applicant: K & P Clearwater Estate, LLC. Representative: E.D. Armstrong III, Esquire, Johnson, Pope, Bokor, Ruppel & Burns, LLP (P.O. Box 1368, Clearwater, FL 33757; phone: 727-461-1818; fax: 727-462-0365; email: eda jpfirm.com). Location: 2.75 acres located directly south of Pier 60 between Coronado Drive and South Gulfview Boulevard, north of Second Street. Atlas Page: 276A. Request: Review of, and recommendation to the City Council, of an amended and restated Development Agreement between K & P Clearwater Estate, LLC (the property owner) and the City of Clearwater. Proposed Use: Overnight accommodation use of a total of 450 rooms (163.6 rooms/acre on total site) and a maximum of 37,000 square feet (0.31 FAR on total site) of amenities accessory to the hotel at a height of 150 feet (to roof deck). Neighborhood Association: Clearwater Beach Association and Clearwater Neighborhoods Coalition. Presenter: Wayne M. Wells, AICP, Planner III. Community Development Board Consent Agenda - October 21, 2008 - Page 4 of 6 3. Case: FLD2008-08025 - 1160 Mandalay Point Road Level Two Application Owner/Applicant: James P. Gills III and Joyce P. Gills Representative: E.D. Armstrong III, Esquire, Johnson, Pope, Bokor, Ruppel & Burns, LLP (P.O. Box 1368, Clearwater, FL 33757; phone: 727-461-1818; fax: 727-462-0365; email: eda jpfirm.com). Location: 1.24 acres located on the west side of Mandalay Point Road approximately 950 feet north of the intersection of Mandalay Point Road and Eldorado Avenue. Atlas Page: 227A. Zoning: Low Density Residential (LDR) and Open Space/Recreation (OSR) Districts. Request: Flexible Development approval for a new single family detached dwelling within the Low Density Residential (LDR) District with a lot area of 53,799 square feet, (33,977 square feet Open Space/Recreation (OSR) and 19,822 square feet LDR), a lot width of 121 feet, a reduction to the side (north) setback from 15 feet to three feet (to pavement) and five feet (to building), a reduction to the side (south) setback from 15 feet to 10 feet (to building), a reduction to the rear (west) setback from 15 feet to zero feet (to raised pool and building) from the Coastal Construction Control Line (CCCL) and an increase in the maximum building height from 30 feet 34 feet (to midpoint of pitched roof) as a Residential Infill Redevelopment Project as per Community Development Code Section 2-104.D. Proposed Use: Detached Dwelling. Neighborhood Associations: Clearwater Beach Association and Clearwater Neighborhoods Coalition. Presenter: A. Scott Kurleman, Planner III. 4. Case: FLD2008-08024 - 430 S. Gulfview Boulevard Level Two Application Owner/Applicant: Salt Block 57, LLC. Representative: E.D. Armstrong III, Esquire, Johnson, Pope, Bokor, Ruppel & Burns, LLP (P.O. Box 1368, Clearwater, FL 33757; phone: 727-461-1818; fax: 727-462-0365; email: eda(acr?jpfirm.com). Location: 2.45 total acres (1.87 acres zoned Tourist District; 0.58 acres zoned Open Space/Recreation District) located on the west side of South Gulfview Boulevard approximately 500 feet northwest of Hamden Drive and directly south of Clearwater Beach. Atlas Page: 276A. Zoning: Tourist (T) District. Request: (1) Termination of Status of Nonconformity for density (217 overnight accommodation units (as established by Cases FLD2005-01005, FLD2005-05047 and FLD2007-11034); where 93 overnight accommodation units are permitted today), under the provisions of Section 6-109; (2) Flexible Development approval to permit a 230-room overnight accommodation use (hotel) in the Tourist (T) District with a lot area of 81,450 square feet/1.87 acres zoned Tourist District (2.45 total acres; 0.58 acres of total acreage zoned Open Space/Recreation District), a lot width of 236 feet, a front (east) setback of 2.5 feet (to building) and zero feet (to pavement), a side (north) setback of zero feet (to building) from the Coastal Construction Control Line (CCCL) and to permit a sidewalk 10 feet seaward of the CCCL, a side (south) setback of 16 feet (to building), 1.5 feet (to pavement) and zero feet (to privacy wall), a rear (west) setback of two feet (to building) from the CCCL and to permit concrete patios 13 feet seaward of the CCCL, a building height of 150 feet above Base Flood Elevation (BFE) to top of roof deck and 296 valet-only parking spaces at 1.286 parking spaces per hotel room, as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-803.C, and three driveways where the two northernmost driveways are spaced 110 feet apart and the two southernmost driveways are spaced 18 feet apart, where 125 feet is required by Section 3-102 and approval of a two- year development order; and (3) including the Transfer of Development Rights of eight total dwelling units (being converted to 13 overnight accommodation units) previously approved and transferred under TDR2005-05022, including four dwelling units from 557 and 579 Cyprus Avenue, one dwelling unit from 625-627 Bay Esplanade and three dwelling units from 667 Bay Esplanade, under the provisions of Section 4-1402. Proposed Use: Overnight accommodation use of a total of 230 rooms. Neighborhood Associations: Clearwater Beach Association and Clearwater Neighborhoods Coalition. Presenter: Wayne M. Wells, AICP, Planner 111. Community Development Board Consent Agenda - October 21, 2008 - Page 5 of 6 5. Case: FLD2008-08026 - 210 Drew Street Level Two Application Owner/Applicant: City of Clearwater. Representative: Michael Quillen, PE, City Engineering (100 S. Myrtle Avenue, Clearwater, FL 33756; phone: 727-562-4747; fax: 727-562-4755; email: michael.quillenkmyclearwater.com). Location: 23.96 acres located along the Downtown Clearwater Harbor between Drew Street (north) and Pierce Street (south). Atlas Page: 286A. Zoning: Downtown (D) District. Request: Flexible Development approval to permit a marina for 127 slips in the Downtown (D) District with a reduction to the side (north) setback from 135.7 to 19 feet, a reduction to the side (south) setback from 135.7 to 7.67 feet and an increase to the maximum width from 75% of the lot width (1,017.7 feet) to 109.8% of the lot width (1,490 feet), under the provisions of Sections 2-903.H, 3-60LC.3 and 3-603. Proposed Use: City Downtown Marina for 127 boat slips. Neighborhood Associations: Old Clearwater Bay Neighborhood and Clearwater Neighborhoods Coalition. Presenter: Wayne M. Wells, AICP, Planner III. 6. Case: CPA2008-09003 Level Three Application Owner/Applicant: City of Clearwater, Planning Department Request: Amendments to the Comprehensive Plan of the City as adopted on May 18, 2000 and subsequently amended, amending the Capital Improvements Element, making corrections and modifications pursuant to the updated schedule of the City of Clearwater's FY2008/09 through FY2013/14 Capital Improvement Program Budget adopted on September 18, 2008, and updating the reference in Policy 32.7.6 to the School District's Five-Year Work Program of FY2008/09 through 2012/13 as adopted by the School Board on September 9, 2008, in accordance with Florida Statutes. Type of Amendment: Separate submittal to State DCA exempt from large-scale submittal process Neighborhood Association(s): Clearwater Neighborhoods Coalition. Presenter: Sandra E. Herman, Planner III. F. DIRECTOR'S ITEM: (Item 1) 1. Holiday Luncheon G. ADJOURNMENT S:Planning DepartmentlCDBl4gendasDRC & CDBICDBI20W10October 21, 20WCDB ConsentAgenda October 21, 2008.doc Community Development Board Consent Agenda - October 21, 2008 - Page 6 of 6