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06/15/1999 (2) .... ',' ,\<". it,:::)', ,;:,~,:;~" ~" ':> '~i,'1~~l,~j( ;'i,"'" ;,.,'; <. 1 ~, .; ~; ~) , 01; ~ . , I d:'. ': ' d . " .! .' , '.." . t,:~. , . j . -., " " . , , . I, " ' ~ 'c. l' . ' I,' I ' : '. " , '.... , " , ' COB ';.J '" ' ;.;., .~oml11unity Development Board Meeting , MINUTES . .~ '.. . 'l:.: . '~ ,,'. ':~: ~: : , .. ~ ' ," .:: . ;1 . .'.' . ~~"Z'. : . .' c. ~.' . ..,'.... . '.., . ,. , .\ ,~ :, .~ ,~ ; > ; , . \)' , .t . ,. ". ' ;. . . ~ 'Date J ", " , " ,,' , I I t. : . . r2</~ I -- '_.~) ""-. : J~ , . COMMUNITY DEVELOPMENT BOARD - ACTION AGENDA CITY OF CLEARWATER Tuesday, June 15, 1999 Call to Order. Invocation, Pledge of Allegiance - 1 :00 p,m. Item 1 - Continued Items A. Continued from the 5/18/99 meeting: Carlisle Motors, lnc" is appealing the denial of a level 1 approval by the Planning staff of a comprehensive sign program on property located at 2085 Gulf-ta-Bav Boulevard. ACTION: .. Approved the applicant's request for withdrawal of the appeal, Item 2 - Reauests for Continuance - None. Item 3 - level 2 Aoplications A. Clearwater Neiqhborhood Haus;no Services Clearwater Neiahborhood Housina Services, Inc., is reauestina Level Two flexible development approval of a residential infill proiect to construct a single family residence with a right of way setback of fifteen (15) feet on Nicholson Street. The property is described as lot 6, Block 2, Pine Crest Subdivision and is located at 900 Pennsylvania Avenue, ACTION: Approved. B. Clearwater Neiohborhood Housina Services. Inc., is reauestina Level Two flexible development aoproval of a residential infill proiect to construct a single family residence with a right of way setback of fifteen (15) feet on Roosevelt Avenue, The property is described as Lot 1, Block C, Palm Park Subdivision and is located at 901 Engman Street, ACTION: Approved. C, Stanlev Albro is reauestina Level Two flexible develooment aoproval to construct a six foot (6'-O") masonry wall within the front yard setback at 2432 Sharkey Road on property described as a portion of the Southeast quarter of Section 7, Township 29S, Range 15E. ACTION: Approved. D, The Simon Property Group, Inc. is reauestina level Two flexible development approval to construct a 73.000 sauare foot addition to Dillard's Department Store at Countryside Mall with a height of 63 1/3 feet and with 4.4 parking spaces per 1,000 square feet of gross floor area of the entire Mall and a comprehensive landscape program at 27001 US 1 9 North, ACTION: Approved. mcd0699.act 06/15/99 1 ) I ~ . 'I ~ Item 4 - Level 3 ADolications ANNEXATIONS A, Larrv and Gladvs Hilkert are oetitioning to annex 2250 Nurserv Road, described as a part of lot 11, Pinellas Groves subdivision into the City of Clearwater, The proposed land use designation is Residential Suburban and the proposed zoning category is Low Density Residential District, ACTION: Approved. B. James and Racine Hall are oetitioninQ to annex 1810 Brentwood Drive, described as Lot 9, Lake Lala Manor, First Addition. The proposed land use designation is Residential low and the proposed zoning category is Low Density Residential District, ACTION: Approved. LAND USE PLAN AMENDMENTS: C. EAR based Comprehensive Plan Amendments An ordinance of the City of Clearwater, Florida, amending the Comprehensive Plan of the City as adopted on November 16, 1989, including amendments to the future land use, ....." traffic circulation, coastal zone management, conservation, intergovernmental coordination C~~) and capital improvements elements; providing an effective date, These amendments are proposed pursuant to the Evaluation and Appraisal Report (EAR) Regulations, ACTION: None. TEXT AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE D. An ordinance of the City of Clearwater, Florida amending the Community Development Code by amending Article 1, General Provisions, Section 1-' 06, Transitional Rules; and Article 2, Zoning Districts, Table 2-202, "LMDR" District Minimum Standard Development revising the rear year setback; and Article 2, Zoning Districts, Section 2-703, Section 2-802, Section 2-902, Section 2-' 003, Section 2-1103, Section 2-1203, Section 2-1303 by revising the front yard setback in all cited districts; and Article 2, Zoning Districts, Section 2-703, Flexible Standard Development for the Commercial District by adding flexibility criteria for Office use; and Article 2, Zoning Districts, Table 2-1004, "0" District Flexible Development Standards by adding Comprehensive Infill Redevelopment Project; and Article 3, Section 3-1205 by revising the regulations for replacement trees and credit for existing trees; and Article 3, Development Standards, Section 3-1505 B regarding maintenance of sidewalks; and Artic:le 3, Division 18, Signs making numerous revisions; and Article 6, NClnconformity Provisions by adding provisions regarding nonconformities created as a result of eminent domain; and article 7, Enforcement Proceedings and penalties, Section 7-103 and providing for an effective date. "~ mcd0699.act 2 06/15/99 .'1 ACTION: Approved, minus Section 10f the amendment entitled "Properties Affected by Eminent Domain", and including the changes as suggested by staff, Item 5 ~ Review of Conditional Use AODroval of Maiestik Inc.. (James Eftekhari, representative), As a condition of the 7/7/98 approval of a conditional use to permit a nightclub, the Community Development Board is required to review the approval after nine months, The property is located at 470 MandaJay Avenue. . ACTION: Continued to the August 17, 1999, COB meeting. Item 6- Aooroval of Minutes of Previous Meetinas - Mav 18. 1999 ACTION: Approved as submitted. Item 7 - Chairman's Items Concern was expressed regarding site visitations by board members serving in a quasi~judicial manner. Item 8 - Board's Items Discussion ensued regarding the length of motions required by the board. Staff will include in the staff report suggested motions with reference to specific code sections. . .;~;;"{i\ T {l~t".t:I Staff will ensure the agenda addresses all public hearing items prior to staff presentations. Board members thanked staff for their efforts regarding a solution to the Carlisle Motors, Inc. case, Item 9 - Director's Items Request for Board's approval to allow the Planning Director to sign development orders for the Chairman of the Community Development Board. ACTION: Approved. Item 10 - Adjournment - 4:35 p.m, ,:.;J mcd0699.act 3 06/15/99 ,~ " , '. I: . . ~ , '0 -.J. COMMUNITY DEVELOPMENT BOARD MEETING CITY OF CLEARWATER June 15, 1999 Present: Gerald Figurski Edward Mazur, Jr. David Gildersleeve William Johnson Shirley Moran Chair Vice Chair Board Member Board Member Board Member Absent: Carlen A. Petersen Alex Pliska Board Member Board Member Also Present: Ralph Stone Antonia Gerli Cynthia Hardin Leslie DougallwSides Gary Jones Teresa Mancini Diane Walsh Brenda Moses Planning Director Development Review Manager Assistant Planning Director Assistant City Attorney' Senior Planner Planner Planner Board Reporter The Chair called the meeting to order at 1 :02 p,m, at City Hall, followed by the Invocationt Pledge of Allegiance, and a review of meeting procedures and the appeal process. To provide continuity for research. items are in agenda order although not necessarily . discussed in that order. Item 1 - Continued Items A. (Cont'd from 5/18/99) Carlisle Motors, Inc., is aooealinq the denial of a level 1 approval by Planning staff of a comprehensive sign program on property located at 2085 Gulf-ta-Bay Boulevard. Planning Director Ralph Stone said at the COB's (Community Development Board) last meeting, Carlisle Motors, Inc, had appealed a staff decision regarding sign age. Since then, staff and the applicant have agreed to a solution, Previously, Carlisle Motors, Inc, was permitted 265 square feet of signage for 2085 Gulf-to-Bay Boulevard. Carlisle Motors, Ine, has agreed to the 265 square foot sign age limit. Freestanding signs must be erected in a landscaped area at least 12 square feet large, The dealership may combine attached and freestanding signage provided no more than 4 freestanding signs are installed. Directional signs, less than four square feet large, are not counted toward the 265 square feet limit. Attached signage may be installed on the top 25 % of the building to conform to the Code in effect prior to March 8, 1999. George Jirotka, representative, stated he agr~es with staff's statements. The applicant wishes to withdraw the appeal, mcd0699 1 06/1 5/99 Item 2 - Requests for Continuance - None, 1 Member Gildersleeve moved to permit the appllcant to withdraw the appeal.. The motion was duly seconded and carried 5:0. Item 3 - level 2 Applications A. Clearwater Neiohborhood HousinQ Services, Inc.. is reauestinq level Two flexible development approval of a residentiallnfill proiect to construct a single family residence with a right of way setback of fifteen (15) feet on Nicholson Street. The property is described as Lot 6, Block 2, Pine Crest Subdivision and is located at 900 Pennsylvania Avenue. The applicant wishes to construct a single family in-fill home 900 Pennsylvania Avenue with a 15 foot front yard setback feet on Nicholson Street, where 25 .feet is required, If setback guidelines are followed, the house could be only 20 feet wide, insufficient to accommodate an average size home. Without flexibility, the lot would be economically impractical to develop. New housing will increase the fair market value of , abutting properties, The application is permitted in this district. The proposed use is compatible with adjacent land uses and will help upgrade the neighborhood. Without flexibility, the lot will remain vacant and an eyesore, Staff recommends approval. .. E.J, Robinson, representative for CNHS (Clearwater Neighborhood Housing Services, Inc,) was present for questions. It was commented Mr. Robinson has done a great job with area In-fill housing. Member Mazur moved that based on the findings and conclusions stated in the staff report prepared by the Clearwater Planning Department, by the information submitted by the applicant, and by the testimony heard today, thtl application submitted by CNHS and Mr. Robinson is consistent with the standards for approlJal in the Community Development Plan, therefore h'e moved that the Community Development Board recommend to the City Commission the request for flexible development filed by Mr. Robinson for 900 Pennsylvania Avenue be granted, The motion was duly seconded and carried 5:0. B. Clearwater Neiqhborhood HousinQ Services. Inc.. is reauestinQ level Two flexible develooment aooroval of a residential Infill proiect to construct a single family residence with a right of way setback of fifteen (15l feet on Roosevelt Avenue. The property is described as Lot 1. Block C. Palm Park Subdivision and is located at 901 Engman Street. The applicant requests Flexible Development approval to construct a Residential Infill project at 901 Engman Street with a 15.foot front yard setback on Roosevelt Avenue. where 25 feet is required. This request is similar to Item 3A, Based on the application, and staff analysis. the proposal complies with the standards and criteria for Flexible Development, approval. Staff recommends approval. ~ mcd0699 2 06f15/99 ; ~ ,.. ~ ~ f<"'~ ~ "~. .~;~:. ,~ Member Moran moved that based on the findings and conclusions stated in the staff report prepared by the Clearwater Planning Department, by the information submitted by the applicant, and by the testimony heard today, the application submitted by CNHS and Mr, Robinson is consistent with the standards for approval in the Community Development Plan, therefore she moved that the Community Development Board approve the request for flexible development filed by Mr. Robinson for 901 Engman Street be granted. The motion was duly seconded and carried 5:0. C. Stanley Albro is reauestina Level Two flexible development approval to construct a six foot (B'.O"t masonry wall within the front yard setback at 2432 Sharkey Road on property described as a portion of the Southeast quarter of Section 7, Township 29S, Range 15E. The applicant requests Flexible Development approval to construct a six (6) foot masonry wall with a five, foot front yard setback along the front property line, and six foot wooden fences along both sides of the property in the 25-foot front setback at 2432 Sharkey Road. Current code permits brick or masonry walls, or walls with masonry columns linked by substantial grill work up to 6 feet high in the required front setback in MDR (Medium Density Residential) and MHDR districts as a level 2 approval. In the MDR district, the standard fence height in the front setback is 36 inches. Without specific criteria, staff has reviewed the request for consistency with the purpose of the MDR zoning district and code'. Staff feels the proposed wall is consistent with the purpose of the MDR district. The wall is proposed to match the dwelling in color, quality, and style, The wall will increase the value of the property and contribute to the attractiveness of the City and will not adversely affect area neighbors. In response to a question, staff indicated the existing wooden fence will be extended to the masonry wall, Staff recommends approval. Kenneth Risley, architect, felt the wall will be a neighborhood asset, He said a permit was obtained to construct the wooden fence up to the 25-foot setback. In response to staff's suggestion to fence around the tree, Mr. Risley said that could be accomplished and ,indicated he will advise the owner. Staff reworded their recommendation to approve a 6- foot high masonry fence within the front yard setback, with a minimum of a 5-foot setback, wooden fencing along the sides, and a stucco wall across the front of the property. Member Mazur moved based on the findings and conclusions stated in the staff report prepared by the Clearwater Planning Department, by the information submitted by the applicant, and by the testimony heard today, the application submitted by Stanley R. Albro is consistent wfth the standards for approval in the Community Development Plan. therefore he moved that the Community Development Board approve, the request for flexible development filed by Stanley R. Albro for 2432 Sharkey Road be granted. The motion was duly seconded and carried 5:0, D. The Simon Property Group, Inc. is reauestina Level Two flexible development approval to construct a 73,000 square foot addition to Dillard's Department Store at Countryside Mall with a height of 63 1/3 feet and with 4.4 parking spaces per 1,000 square feet of gross floor area of the entire Mall and a comprehensive landscape program at 27001 US 19 North. mcd0699 06/15/99 3 " The applicant requests flexible development approval of a commercial Infill project for a 73,000 square foot addition to Dillard's Department Store with a height of 64 1/3 feet; a 73,000 square foot addition to Burdine's Department Store; a parking ratio for the entire project of 4.4 spaces per 1 ;000 square feet of gross floor area; approval of a . Comprehensive Landscape Program; signage for Dillard's to include one attached sign on each building faf;ade, one at 252 square feet and two at 328-square feet. '~1."f)' , . '.1;..,":- ~ Development Review Manager Antonia Gerli said Dillard's plans are farther along than Burdines, Staff recommends including Burdine's expansion request with Dillard's so both would not have to appear before the board with similar applications. Burdine's application does not include requests for signage or additional height.' The proposal meets current floor area; impervious surface area, and lot size standards, Setbacks will not be altered from the existing configuration. DiJlard's has requested to construct the addition the same height as the current building. Redevelopment of the parcel is economically impractical without deviations from the standards. No other suitable sites for development/redevelopment of uses or mix of uses within a Comprehensive Infill Project are available in the City. Countryside Mall is an' older shopping center with smaller than average anchor stores. The applicant cannot compete with other mall anchors in the display and supply of goods and services. The mall cannot acquire adjacent land because the area is fairly built out, The mall's continued success depends on redeveloping the site. As the parcel is already fully utilized, redevelopment will require flexibility. It is doubtful another suitable site could be found in the City or within the mall shopping service area, The proposed landscape program is consistent with the Comprehensive Landscape Program, Existing landscaping is spotty and in poor condition, The applicant is increasing the landscaped area, primarily in the parking lot. While the landscape area will remain the same size, landscape materials will be improved. The landscape plan exceeds requirement in terms of the number of species and design quality. The landscaping plan's tiered effect will be more attractive, Staff recommends approval, subject to conditions: 1) all landscaping shall be installed as part of the Dillard's expansion except that interior parking lot landscaping may be installed in phases with completion accomplished no later than three years from date of issuance of the main construction permits for Dillard; s: 2) a final landscape plan shall be submitted within 45 days of the development order. The landscape plan shall include calculations for Internal Open Space and Vehicular Use Area and other such requirements established in the Code; 3) all landscaping areas shall include shrubs; ground cover, trees and/or perennial beds with a year~round maintenance program, No sad shall be allowed in these landscaping areas; and 4} all trees determined by the City Arborjst to be declining, dead or hazardous shall be removed and replaced tree far tree. This tree removal and replacement shall be accomplished as part at Dillard's addition construction. In response to a question, Ms. Gerl; said the restaurant an the malls' south side is on a separately owned outparcel. Traffic Engineering has reviewed the applicant's parkjng study and finds it to be in compliance. Mr, Stone said the site plan does not have to be amended to raze buildings. mcd0699 4 06/15/99 "'. <') Tom Marsciano, representative, said the upgrades are intended to maintain the mall's competitiveness. He said a restaurant building will be replaced, He said the planned removal of a bank building will allow increased landscaping and help meet parking ratios. The applicant has agreed to remove and replace undesirable landscaping. He anticipates Burdines will complete plans this summer. The total increase is 1 36,000 square feet, including expansion of 2 department stores and removal of the bank building. . ~ .. =.," Member Gildersleeve moved that based on the findings and conclusions stated in the staff report prepared by the Clearwater Planning Department, by the information submitted by the applicant, and by the testimony heard today, the application submitted by Simon Property Group, lnc, is consistent with the standards for approval in the Community Development Plan, therefore he moved that the Community Development Board approve the request for flexible development filed by Mr. Marsciano for property known as Countryside Mall, 27001 US 19N be granted. The motion was duly seconded and carried 5:0, .;,.,', :. ~ f,:'\ Item 4 - level 3 Applications . .' :.~ . ~ '. ANNEXA TIONS .~ ,.: A. Larrv and Gladvs Hilkert are oetitioninQ to annex 2250 Nurserv Road, described as part of lot 11, Pinellas Groves subdivision into the City of Clearwater, The proposed land use designation is Residential Suburban and the proposed zoning category is Low Density Residential District. ,." , . , ";j.~ G:;.." ,.\ The applicants request annexation to receive City water and sewer service for 2 detached dwellings at 2250 and 2260 Nursery Road, A five-foot concrete wall buffers the properties from a retention pond to the east. Upon annexation, the applicants must submit an application for a flexible standard project to reduce the lot size and side yard setbacks. This application is for a Level One review. If the applicant subdivides the property prior to annexation, the City would accept the smaller I.ots as approved by the County, The < applicant is aware of costs to extend sewer service. Staff recommends approval of the annexation, the Residential Suburban plan category, and Low Density Residential zoning, .,'. '. ~. . I 'I . , . '.. ~ .. ;::"~'. . .. '.... ..t" .,..' '_::i Member Johnson moved that that based on the findings and conclusions stated in the staff report prepared by the Clearwater Planning Department, by the information submitted by the applicants, and by the testimony heard today, the application for annexation submitted by Larry and Gladys Hilkert is consistent with the standards for approval enumerated in Section 4-604 F, of the Community Development Code. Therefore, he moved that the Community Development Board recommend to the City Commission that annexation request filed by Larry and Gladys Hilkert for 2250 and 2260 Nursery Road be granted. The motion was dUly seconded and carried 5:0. " ~ '.' , .. .:':1': ..... ,. . " : ."" , ,,' .' <', It .;.' . " Member Johnson moved that based on the findings and conclusions stated in the staff report prepared by the Clearwater Planning Department and by the information submitted by the applicants, the adoption of a future land use map designation of V Residential Suburban and a zoning designation of low Density Residential is consistent .., .' ,I :, ~ , ','I . '. I....' .':.... ." .' :"f." mcd0699 5 06/15/99 " . ;". " ;.'. .. . , .,.: .,' . :.'1.", " ,\ :t' , .; I;. ::.':' " :.:.: :", ' ". ~ >..::',,: ~~:~ '.::;,: .(.;,.... . I, ' ~ ,'.',:. . .1- I ",' ..1 .' ~ ' ..,.... ;: :.:::.i.::. ;: ;: ;.,:..; ~..' ::: ::~:.:.; '. ,; r ,\.' :....:;:' .::. ':".:: ..;." .:... :~':,~ ~..~ ....:: ::'. :. ''';;'':(~.. .:: .\<:/': ~':'':::;: ~:':..: :.: . ~ ~. .. '.~' ':,'" .'. ;:: :"::-':"':' : ':.0' ....:~..\ ".<':::".':: ,:: . ," -. ~ .:, ~ ;.~' ." '. :.......: > .': . ':.:.' ,.;. '.':-, .',. . ':, , ., "" ,..,... I .,' .~ ",: ::. '::'::: <.~:'/>,:.I <:):;"~'" :,:. : ::' .;,1.... 'I::' ..,' ":. '.' .': '..' .." ':.' . '.. :'.'j '~ , " . . .. ".',. ~ . "'f .,.',',. ,.' ::. ''''. ":'i,".'::. .~ ..~'; . '.. .. '., . . .: .~:. '. : ''0' ", f : .......; 1 .~.\ . .. . .' .' . , " " ~ with the standards for approval enumerated in Section 4-602 F. and Section 4-603 F, of the Community Development Code, Therefore, he moved that the Community Development Board recommend to the City Commission that the comprehensive plan amendment and the zoning atlas amendment requested by larry and Gladys Hilkert at 2250 and 2260 Nursery Road be granted. The motion was duly seconded and carried 5:0. . ... '.'"< ',I~~,: ., B, James and Racine Hall ara cetitioninQ to annex 1810 Brentwood Drive, described as Lot 9, lake Lela Manor, First Addition, The proposed land use designation is Residential Low and the proposed zoning category is Low Density Residential District. '<: The applicants request annexation to receive City water and sewer service at 1810 Brentwood Drive, The applicant is aware of costs to extend the sewer line, Staff recomm'ends approval of the annexation, the Residential Low Plan category, and Low Density Residential zoning, ;. ..'..' ,>'.' , 'I. ~ 'i" ; " , . " ., , ~ . ... ~ . I . . .',' '~,~ ;~ I ~, . ..... .. . ~. ::.1:- ;"1 . " ~ ~ " . " : ;:, j" " , ,. '.,', '. I.. <~< .!': ': ,";,. .~' ti:'., :',.:' ':,'. ."", ..' ,.. ", LAND USE PLAN AMENDMENTS .',..'. .'i C. EAR based Comprehensive Plan Amendments " . " ,. An ordinance of the City of Clearwater, Florida, amending the Comprehensive Plan of the City as adopted on November 16, 1989, including amendments to the future land use, traffic circulation, coastal zone management, conservation, intergovernmental coordination and capital improvements elements; providing an effective date. These amendments are proposed pursuant to EAR Evaluation & Appraisal Reportl Regulations, ", ,.,," ~ J . '-~~ 1 . ~. :.'.' . , :,'1 u Assistant Planning Director Cynthia Hardin said the City Commission approved the EAR in January 1998, The Comprehensive Plan is ten years old. Some listed amendments have been accomplished, By State law, the City is required to address EAR-based amendments prior to approval of other amendments. This amendment does not address One . . ';,{ ~ , " '< / I' l..... ,'. ., ':,',. .' I, : ':~.:~ i, " ,', .. mcd0699 6 06/15/99 ;'/ :. :,,:: ...... ... :.~,\/,.' ....>,:: ,;(,:;;',:\:.)', .; ~ :,: ",;;,:',. ..,' .,0;,.,.:" ""'.:'.'.:' .,',.:,:;/:':.:}:.;~ ';":/:. i'",:".,!:,.' ,'..}:,.' .';'::";:..':. ,}/,.'/! (t,;: ;:</.\: . , . . _.., _I". .tj City. One Future. redevelopment plans, nor address all elements of the Community Development Code, but does include those districts for consistency into Comprehensive Plan categories, When possible, the codets general goals are included, Charlie Siemon, of Siemon, Marsh, and Larsen, is performing additional work on the beach and downtown plans, Additional amendments to all elements will be presented to the board next year. Intergovernmental coordination and capital improvements will be presented to the board in July, 1999, Planner Teresa Mancini reviewed land use and housing elements, Planner Diane Walsh presented infrastructure elements, and Senior Planner Gary Jones presented transportation, recreation and open space, coastal management, and conservation elements of the Comprehensive Plan, It was requested adding language "or other protected classes as defined by State and Federal law" to the housing element's first goal. In response to questions, Mr. Jones said the City has participated in reviews of new FEMA maps, A fut'tlre version of the Comprehensive Plan will reflect changes to flood maps, The ne~~t update is scheduled in 2000, Staff will review the portion relating to coastal zone management and dockage. Concern was expressed land uses near the Airpark be balanced. Staff indicated the Airpark master plan focuses on Airpark operations and will attempt to balance those issues, In response to a question, Mr. Jones said the proposed temporary building moratorium proposed for a disaster will provide the City time to prepare for an influx of requests. Consensus was to postpone action regarding presented amendments until the t;;;:~ remaining elements are presented in July and suggested changes are reviewed, TEXT AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE D. An ordinance of the City of Clearwater, Florida amending the Community Development Code by amending Article 1, General Provisions, Section 1-106, Transitional Rules; and Article 2, Zoning Districts, Table 2.202, "LMDR" District Minimum Standard Development revising the rear year setback; and Article 2, Zoning Districts, Section 2-703, Section 2-802, Section 2-902, Section 2-1003, Section 2-1103, Section 2-1203, Section 2-1303 by revising the front yard setback in all cited districts; and Article 2, Zoning Districts, Section 2-703, Flexible Standard Development for the Commercial District by adding flexibility criteria for Office use; and Article 2, Zoning Districts, Table 2-1004, "0" District Flexible Development Standards by adding Comprehensive Infill Redevelopment Project; and Article 3, Section 3-1205 by revising the regulations for replacement trees arid credit for existing trees; and Article 3, Development Standards, Section 3-1505 B regarding maintenance of sidewalks; and Article 3, Division 18, Signs making numerous revisions; and Article 6, Nonconformity Provisions by adding provisions regarding nonconformities created as a result of eminent domain; and article 7, Enforcement Proceedings and penalties, Section 7-103 and providing for an effective date. v Ms, Hardin said when the Community Development Code was adopted and became effective on March 8, 1999, staff committed to a six-month update, She reviewed proposed amendments that require revision now and that address recurring issues and numerous implementation and enforcement concerns, mcd0699 7 06/15/99 ~ The proposed ordinance includes: 1) provisions to treat properties affected by Eminent Domain (Sections 1 & 11); 2) reduction of rear yard setbacks for pools and screen enclosures in the LMDR district only (Section 2); 3) adding flexibility for offices in the Commercial district inadvertently left out of the code's final version (Section 3); 4) adding CIRP (Comprehensive In-fill Redevelopment Project) in the Office, Mixed Use and Industrial, Research, and Technology districts to provide flexible application for redevelopment. The CIRP is allowed in the Commercial, Tourist, and Downtown districts. Staff has identified the need for a flexible process for unique redevelopment projects in additional districts (Sections 4, 5, and 6): 5) allowing trees planted as part of required landscaping to be counted towards , the number of required replacement trees (Section 7); 6) adding the property owner's 'responsibility to keep the adjacent sidewalk clear of vegetation and if not done, allowing the City to clear the vegetation (Sections 8 and 12); 7) amending several sign requirements to reflect discussions between Planning staff and sign contractors (Section 9). Additional revisions may be proposed at the six month review; and 8) clarifying that a site and building must comply with City regulations prior to issuance of an occupancy permit (Section 10). Mr. Stone referred to Items 4, 5, and 6, stating staff requests adding the Comprehensive In-fill amendment options to the Institutional category. In response to a question, he said this amendment creates flexibility in the IRT district for medical offices and other uses. Ms, Hardin said language in Section 12 has been changed in reference to excessive weeds and trash on the right-of-way and in Section 13 has been added per staff's memorandum dated June 15, 1999. ~~~ Discussion ensued regarding the amendment entitled "Properties Affected by Eminent Domain," Richard Vickers, FOOT (Florida Department of Transportation) Tampa office, said his office has had little time to review the amendments, He requested additional time to consider the ordinance. In response to a question, Assistant City Attorney Ms. Dougall- Sides suggested the entire package of text amendments not be delayed. The Legal Office may suggest some revised language, Staff can meet with Mr. Vickers. Mr. Stone said first reading of the ordinance will be presented to the Commission in July, with second reading in August, Modifications can be suggested before then. Concern was expressed a condemning authority or their agent could apply for a level One or Two application to resolve eminent domain action without a property owner's consent. .The ordinance's effective date was questioned. Concern was expressed it may apply to pending projects. In response to a question, Ms, Hardin reviewed the Code's language. Staff had considered other cities' ordinances when this was written. She felt Clearwater's code triggers compliance for most redevelopment. Member Mazur moved to recommend approval of the proposed ordinance to the Commission with the addition of the Comprehensive InMfill provisions to the Institutional zoning districts, as well as changes recommended in Section 12, minus Section 1, Article I, General Provisions. Section 1-106, Transitional Rules, sub-section I of the amendment entitled "Properties Affected by Eminent Domain", The motion was duly seconded, ,~ Concern was expressed a governmental unit could apply for approval of a site plan without a property owner's involvement, even though Section 1-106 deals with transitional rules, mcd0699 8 06/15/99 ~ Upon the vote being taken, Chair Figurski, and Members Mazur, Moran, and Johnson voted "Aye"; Member Gildersleeve voted "Nay," Motion carrted 4:1. ,"<..., 1 . ...'. Item 5 - Review of Conditional Use Approval of Maiestik Inc.. (James Eftekhari, . representative), As a condition of the 7/7/98 approval of a conditional use to permit a nightclub, the Community Development Board is required to review the approval after nine months. The property is located at 470 Mandalay Avenue, Pursuant to the previous development code, on July 7, 1998, the Planning and Zoning Board granted conditional use approval to Majestik Corporation for a nightclub/restaurant with a 4COP (alcohol consumption on premise) alcoholic beverage license at 470 Mandalay Avenue, The building previously was used as a nightclub. The old Code required a conditional use be granted when a change of ownership occurred. The approval had a condition requiring board review after nine months. !:., In his March 24, 1999, Jetter, Harry Cline, representative for Hunter Hotel Company (Clearwater Beach Hotel) requested the board perform the nine-month review, He indicated many hotel guests have complained about noise from the Majestik property. ~'" ,~ I.J.;. ~ . ..:~: , , I.', , . .~;~\ -"',.,r::J Other conditions are: 1) applicant shall obtain the requisite occupational license within six months; 2) the sale of alcoholic beverages shall be limited to consumption on premises with no package sales; 3) there shall be no outdoor entertainment; 41 the applicant shall neither promote nor permit on the premises any live entertainment, competitions, contests or any activities which result in the violaticn of the public nudity or adult usa ordinances including wet T-shirt contests; 5) the applicant shall provide landscaping in accordance with Section 42-27 of the Clearwater Code including the replacement of any existing vegetation that is dead or dying prior to obtaining an occupational license; and 6) the hours of operation permitted are 10:00 a.m, until 3:00 . .' .\. . . , .: ,,'j. :, ~'. '.' :: .I,~ ,: . a.m. ... ~,I / \'".i Ms. Garli said Condition #3 had not defined outdoor entertainment. The building's two billiard tables on the sidewalk at the front porch could be construed as entertainment, If the outdoor entertainment condition was meant to control noise, the billiard tables may not be an issue. Condition #5 has not been met, The landscaping required was minimal and should not burden the applicant. The applicant has met Conditions # 1, 2, 4, and 6, ..f>", , " \ ': ". ~ ',' I ,:',:1'. :;~ ~ : :,.., :~ In response to a noise complaint, the Planning staff reviewed code enforcement files and pollee reports, which indicate 13 noise complaints have been filed in 1999, None resulted in police action, It is not known if the noise ordinance has been violated. Police reports did not specify the types of noise complaints, 'j,O" . .~. ; ~ . :<': . '" , , The code prohibits amplified sound that produces identifiable words or melody at a distance greater than one hundred feet during winds of less than 15 mph, The Clearwater Beach Motel is less than one hundred feet from Majestik, If the nightclub does not comply with the noise ordinance, hotel guests may be disturbed. : ~ f : I .t ~ Q "\ >.1 .., mcd0699 9 06/15/99 ,:).'- ,~ . . '+ . ~ ,.., '"' ,. .; ',I' . . I' " .,..: ",.:," . . .... , ,~;:.~ I, '.' ~.'!,:..",~',' ',',_,",'.',':,",:: ::>'::..,<,. ,... ','.,. . .' ;,'., "', , . ',' .....;,'. -'::,:: ';:';>~;..':'. ;:"..:/,:::.:'.::,:::': '<: :,':.'(:>::.". '\.~ ~J. , " . " ~. "..,.". ~. , ' c, '., . . .... . , '.' ." . 'I:. . I ' ~'. . '" \ ',. ,..,..., ;. . ,. . , . '. '... .., I : .', "I "~ . ~ . " . 'I .: '.i.. .'. '. , _>.", '.' . . . .,.. ". .: ;., ", ....,...:! '. ':'. .';,' ., . ". ....., . .... ....,1/. . ..,'.:.'j/:.......:.:.,... '..:,...,'\..:,'.........:~..'..,.'/...,...:.'......~~.:',::.:.",',.,'.f ~',r' '. ~'" ,,! ,'.r' , ...:. . .; \:, i'" . ':.' ". ' . '. ',:,'<; ?".:' ';; /:::i:.;' :,:::; ~ ,~,0:\ ~,":~;J <.) In response to a question, staff requested the board determine if Majestik should be granted final approval for a conditional use, if additional conditions are appropriate, or if approval should be revoked. Staff recommended the landscaping conditions at least be met, In response to a question, Ms. Dougall-Sides said under the old code, the board can modify the landscape requirements. The new Code indicates conditions previously enacted by the Planning & Zoning Board remain effective, Language did not address the revoc.ation or enforcement of conditional uses although one provision identifies failure to comply as a code violation. The Code Enforcement Board could cite the applicant. A procedure related to alcoholic beverage allows the revocation of conditional use approvals. Ms. Gerli felt the property would not meet the new cadets landscape requirements, Staff has no specific recommendation regarding this matter, James Eftekhari, owner, said he has owned Majestik for 14 months, He said the previous owners had lost permission to run bikini contests. He said he is appearing before the board to ensure that bikini contests do not create problems. He said Majestik features a range of programs on different nights. His clientele is 60% locals and 40% tourists. He said he had employed someone to maintain his landscaping and adds plants periodically, He said he could not afford to replace the landscaping at one time, He said only a dozen complaints have been made during the last 400 days. He said noise travels farther when the beach is quiet. When he becomes aware of noise problems, he tries to tone down the noise levels, He said the club has had no disorder problems. He did not want to be subjected to a regular nine-month review. In response to a question, Ms, Gerli said the applicant was r~quired to provide 100% ground cover in landscaped areas. It would take little to comply, In response to a question, Mr. Eftekhari said space by the front and side of the building could be landscaped. He said due to salt water and wind conditions, it is impossible to maintain plants on the building's rear and has decided to plant grass there. In response to a question, Ms, Gerli said salt tolerant plants could be planted in the rear of the property, It was noted Mr. Eftekhari was required to comply with a land'scaping plan on file with the City. Staff said the landscaping requirement is not an optional condition. A comment was made that when one drives past the property does not present itself well aesthetically, It was stated the applicant is responsible for the landscaping and could have contacted staff regarding difficulties. Mr. Eftekhari said he thouqht he had hired an experienced landscaper but will research salt tolerant plants for the rear of the building, It was remarked all police calls referencing Majestik might not have been related to that business, It was noted one call referenced a weapons violation and others were for fights at this address. Mr. Eftekhari said he calls the police regarding problems related to nearby businesses to keep bad elements away from his club and works with the ATF. In response to a question, Ms. Ger1i said the board had been provided a Police Department report regarding calls to the Mnjestik address, It was noted 20% of the calls are alarm- related calls. In response to a remark that alarms may have contributed to the noise problem, Harry Cline,' representative for Clearwater Beach Hotel, doubted a hotel guest would complain about an alarm sounding, but would complain about loud music. It was felt as no other nearby businesses are open at night, calls must be related to this address, It was noted if this conditional use approval was revoked under the old code, the applicant can mcd0699 10 06/15/99 . , '. '" .'\ .';'" .... ~ . /) . , ~, "I ~ --J . .... ." ,~., t. . reapply under the new code. It was suggested noise cannot be contained without changing . the establlshmenfs doors. . Harry Cline, representative for Clearwater Beach Hotel, said 13 noise complaints means his client has lost 13 repeat customers, He said by the time police respond, the music is toned down and the damage is already done. He submitted a list of traffic events at the applicant's address, indicating 125 calls in a year's time have been generated to this address, The conditional use previously granted is based upon compliance with the stated conditions as clarified at a nine-month review. Mr. Cline felt the board should decide if this business improves community welfare, detracts from the public convenience, is compatible with'surrounding uses, imposes an excessive burden or has a substantial negative impact on surrounding uses, He said the business negatively impacts on his client and fails to meet established criteria. He requested the board revoke the application, Regarding the noise issue, Mr. Cline said it appears the doors are left open to the porch. If the application is not revoked, he requested the board place additional conditions on the conditional use, Discussion ensued regarding the ability to revoke the conditional use approval and its relationship to the new and old code. Ms. Dougall-Sides said two previous revocation cases involving nightclubs, taverns, and bars conditional uses, had occurred. One progressed to a Commission hearing. Mr. Stone said in the flexible standard categories under the new code, nightclubs are an allowable use in the tourist district subject to minimum standards. Should the board feel the use is not the problem, but compliance with development approval conditions and standards in conjunction with the noise regulations is lacking, staff will take code enforcement actions. If anyone 100 feet or farther from the established can . understand the words or identify a song, it constitutes a violation, Mr. Eftekhari said he was unaware of the number of police calls. He said the wind otten sets off the alarm. He said other police calls could have resulted from calls he had made to report false 1.0. (identification card) use, ~tea1ing, expired license tags, fights outside other businesses, etc. He said if the police do not respond immediately, his security staff has broken up fights to solve area problems. He said the front doors are kept shut, He said noise problems may have occurred the one time Majestik had hosted a "battle of the bands." The doors are open at times while band equipment is loaded or unloaded. He said the club has no outdoor speakers. He suggested area businesses contact him regarding noise problems rather than waiting for the police to respond. He felt his business is "heaven" compared to similar businesses in the County, He polices his property and does not wish his business to be a nuisance. He noted no police personnel were present to object to his business operation. I I . i 1 It was remarked no evidence was presented that 1 3 guests of the Clearwater Beach Hotel never returned, It was suggested police officers testify regarding violations at the Majestik, In response to a question, Ms. Dougall-Sides said a recommendation to the City Commission for revocation could be a problem as the current code was not in effect when this case was reviewed, She suggested requiring increased landscaping than previously imposed, It was felt Mr, Eftekhari had had sufficient time to comply with landscaping conditions per the previous conditional use approval. Staff said the condition of the landscaping is a code enforcement issue. Staff can monitor the club for noise problems for a specific length of time, and report results to the board. mcd0699 06/15/99 1 1 ....<. , .~' ',' " , ,'t), 1:' ~.: ~ ' .' ~..~ . .....,i J Member Gildersleeve moved to continue Item #5, Review of Conditional Use Approval ,of Majestik, Inc., to the August 17, 1999, meeting, that the board encourage staff to contact the Police Department and Code Enforcement staff to monitor the business, and the Police Officers assigned to the area identify any calls that apply to this establishment. The motion was duly seconded and carried 5:0. . Item 6 - Approval of Minutes of Previous MeetlnQs - Mav 18. 1999 Member Mazur moved approval of the minutes of the regular meeting of May 18, 1999, as submitted in written summation to each board member, The motion was duly seconded and carried 5:0. Item 7 - Chairman's Items Concern was expressed board members visit sites before considering requests under quasi-judicial procedures. In response to a question, Ms. Dougall-Sides said site visits must be disclosed before each item is heard, She recommended board members refrain from substantive conversations with applicants while on site visits. One member said he did not conduct site visits, as staff reports have improved enormously. Item 8 - Board's Items Discussion ensued regarding the length of motions required by the board. Staff will tighten language for board motions and include suggested motions in the staff report with reference to specific code sections. Staff will ensure the agenda addresses all public hearing items prior to staff . presentations. Board members thanked staff for their efforts to resolve the Carlisle Motors, Inc. case, Ms. Dougall-Sides requested the staff report identify the specific code sections that apply to, each case. It was requested that positive language be used for motions, as negative language becomes confusing, It was remarked the volume and quality of information provided the board has improved substantially. Staff was complimented for putting together the Comprehensive Plan in a short period of time. mcd0699 12 06/1 5/99 ;' ,.,",... .. I " "", "~.:. ~','~ ~.' :.:., ~.: .. . . Item 10 - Adiournment The meeting 'adjourned at 4:35 p,m. ,! " ,.; . . :.~;';.<:,::~::,:>~,:.:~,';::f:':':!~/\' :,: "" .' o" ~, ,'.'. ' . . "\ tt, ~.. . . .' .". i :,~':: ;- }'.~':.~'. " " ./ ~':~ I'~' " .:.....,.,~ ::;"., ,I ....'\".-' Item 9 -Director's Items , , '.J " ;, ,+ ~' ;>. r, : . '. Staff requested Board approval to allow the Planning Director to sIgn development orders in place of the Community Development Board Chair, The orders restate board , action, . ~" Member Gildersleeve moved to allow the Planning Director to sign development orders for the Community Development Board Chair, The motion was duly seconded and carried 5:0~ . ~~~./ .':'., .. '!/~ . $~"""~'I' , , '.r ,. ~~~c,:.lc~ ..' . " . \-1'"'" , , 1<':" . ~;~ :'.~.' t~}~:,' ..~ ~\" :~Y::';~" ~!;~!I~~ IL.'. If Community Developmen Att~st: . . " .'j ! mcd0699 13 06/15/99 "