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03/21/2000 (2) . ;. ~ . ,f. .;._ .. ... I' ; I. . ~ " l..J " " " . '- " ) ..,..(.... ~:!~>.> " ;. ;- .,+,', I , . . IC ~ '. ..... .. c. .'.' ,0, ~::(::,'I/~~':.',<:'~':::~">, ""'\;'; ,>" ;,' ,.' '<", , , , .c ., " .' . ~ " .'. .... ,.} ; .c,' ".;:1, , . ).' . ,,' ~ . : }~, COMMUNITY DEVELOPMENT BOARD MEETING CITY OF CLEARWATER March 21/ 2900 ,::, y" ,: ,\1' Present: Gerald Figurski' : Edward Mazur, Jr. William Johnson David Gildersleeve Shirley Moran Carlen A. Petersen Chair ' Vice Chair Board Member Board Member Board Member Board Member " , "r't' ./'~; \'\' .'-- . \., .:\ ,:""~ .'(\' I fl;c: ~ Absent: , Alex Plisko Board Member " ~ \ f Also Present: Leslie Dougall-Sides Ralph Stone Cy'nthia Hardin Lisa Fierce Patricia O. Sullivan Assistant City Attorney Planning Director Assistant Planning Director Development Review Manager Board Reporter ,( J' . ':,,: ':f 't 1\ 't'~, 'I" \ 1'\ l:~: , ~; ,:1, The Chair called the meeting to order at 1 :00 p.m. at City Hall, followed by the Invocation and Pledge of Allegiance. , ' , , '" ' :,~:) .'1' ..\, '~"lI'3: "'~;..;} ....J,. To provide continuity for ,research, items are i~ agenda order although not necessarily discussed in that order. d, , \, ;>: d'': ;...1,. ITEM A -, REQUESTS FOR CONTINUANCE/RECONSIDERA TION J/:.. ~) : ,....., 1':" '(:.\ } .....~ I"; , -;,} ':!" l~ ~;)~ ..,'t" , :~;\ ~" . ~ :~ ,\}: ,~ ;;~ Il,;!. ; I.'~ , '",I;' ,~..= :\ . ~', 1(, ,,/ :v'~ .\.?~. Item A 1 ~ 400 Jones Street. Clearwater: Osceola Bav Inc. I 'Osceola Bav Ltd. I Green Corner Inc I Morrishilllnc. I Osceola Properties Inc. I Sunset Properties Inc. I Corisa M: Marion I Gulfview Restaurant Inc. I Zeus Inn Inc. I Anthonios Markopulos , (Osceola Bav Development. LLC.)- Owners. Request Flexible Development approval . of a Residential Infill Redevelopment Project and 1) increase height by 30-feet to .179 feet; 2) increase density to 41.6-dwelling units per acre; and '3) vacate Osceola Avenu~ right-of-way between Jones Street and Georgia Street. See 09-29-15, M&B's 43.04, 43.05, &43.06; Lutz. Clovis C. Sub, Lots A & B; Jones' Sub of Nicholson's, Blk 2, Lots 1-2; and Cate's, A.B. & Jennie Sub, Lots 8-11 & submerged land. FL 00-01.03 Staff requested this item be continued due to an application error. "1 } ,t. . ."~: Member Mazur moved to continue Item A 1 to a date uncertain. The motion was duly seconded and carried unanimously. .1,. . \.J,', .(-, ,.I F:~; ITEM B - CONTINUED ITEMS - None. ~. .: ITEM C - LEVEL 3 APPLICATIONS J" ::' 1 , ,. (, ," , lm~ ;.;' .' , mcd0300 1 03/21/00 , " f', . '1' ;1 ' ,; ;.0 '\ , , ;-..,) ~ I , ,. , 0 I. .;: , J~ .. ..41 , " " '. .. , ~ +.. ~ : . .~~~ ,> :,.1 , :: . ". '. '. ~ I: :.: I ~ ': ' .1'." ~ ~ .,' . I '::',:.'{:',':": :, . . ..'+ j. .'~ 'I',:.'~'~I' :~,c:', ..~'t I ',- ./~ ~c ~,...~:' .:"\ ',;"'C.l:~ . 1 . ill ..!. .~' :.,: { . t ~, ".. Ii-...~~:.~,'\" '.<'./I'J"(,.":,""",':"~'~' '.~ '~. f I~ , '. ( I '. ( ,'i,>~.,;,:,.>: :,1.". ~ /"...,::'~.'J,::<,,",>.', ::,,: ",A; ': ':",1 {~,,: ~;; ,:,:,:\;:'~;~~;,:.>,('~:,::,~,.:',.'",',~' \~"':-~'/.;'<:,:,.'",,,:, " ,'(',', ,,1. \" ',\,,,', ,'"," ' , I'" ,',' /. ::' ",'<:" "~ ,,>,":::,~:;.,~\/,~:"" <~'>,;':),>:-:,~,,~..,~'::',~'i~: :~"':'<l~I"; ,~:,/:"<\" ,. :>',,:~:~:,"~/,,:',~'.. 1 .\ I~':" >.,.,' '\11" +.. ~(", ,u .., ",.' tl", . j'l,l.l~. 'I~\ ....:Jr.J.:/~.~~j/, ~.'::', ,T';' ,'.:'..~. .,'...~':' ~' ., ,l. ..':. ,t ~ a' ,./ ) ",,'J'. " ':};~~i,')'2"~i~;\';~:;> ,I /, , , ' f};'i;,>;i";::,r',}:Y;'" ",,'::.,' ,;",;", , ,11,,"" d '.\ . " /'; ~ \~) ,-) . ; ~ .,', . I ;\' I -. , "i,' ",: ' " 'l . .. ~ . . , " " ' c, , " "" :. . 4 /.~ , ,~ " ... '...~ . Member Johnson moved to consider non-controversial annexations as part ot' , a consent agenda. There was no second. \ .' \ I.' " Ii; I~ l. Assistant Planning Director Cyndi Hardin suggested If no opposit'jon is voiced , when the audience is polled, the board could approve annexations without a verbal staff review of the item. ,'."-.' . f', /' Item C 1 - 1620 Stevenson's Drive, Clearwater: John C. & Memaret C. Payne - Owners.' Request annexation of 0.25 acre to the City; rezone from R-3, Residential, . Single-Family District in Pinellas County to Low Medium Density Residential District ILMDR); and land use amendment from Residen'tial Low in Pinellas County to Residential Low Classification. Lot 13, Blk. A, Stevenson's Heights Sec 10-29-15 ANX099-12-24 :../' i" ,'.-\. :'1\ , \: .:/' ,', ,\-t', ~ ' , , "1,', '. I 1.\;. , , >.11, \:\ '.<,1 ,I..~ j~ The owners have requested annexation to receive garbage collection service from the City. The applicants have received City water and sewer services since July 31, 1981. The subject property features a single-family home. The property's land use plan designation will be Residential Low and it will be zoned Low Medium Density Residential (LMDR). The applicants have paid the tap fee and utility , deposit. ' ,', .,' I.~.': ~;.';.. ";",:. ,\.-; ..~~i. '. ~. . '~)t "~,):~ .!~ ,1/. ~ i~Y, .".i,~; ,\~. \" fn', ~, " j"1 )i\ v' ;' (/:;' ',I;,'j; ,';7'1 '.1',', ,.',',,~ ~. ''', c ,~'. .~~~_ 'ii- The proposed annexation can be served by all City 'services, including utilities, police, fire and emergency medical services without an adverse effect on service levels. The proposed annexation and use are consistent with the City's Comprehensive Plan and Countywide Plan with regard to the Future Land Use Map, goals, and p~licies. The property will exceed the minimum lot size of the LMDR District. Staff recommends approval of the annexation of the property at 1620 Stevenson's Drive, approval of the Residentiall.ow plan category pursuant to the City's Comprehensive Plan, and approval of the Low Medium Density Residential (LMDR) zoni'ng district pursuant to Code. . .' . " ~i ~~, , . ~> ':. , Member Gildersleeve moved to accept staff's report. The motion was duly seconded and carried unanimously. ..' r': , ," Member Johnson moved to recommend the City Commission approve Item C1 to annex the 0.25 acre property at 1620 Stevenson's Drive to the City. The motion was duly seconded and carried unanimously. ',. '(.:' ":, j , , '~A' , '" Member Johnson moved to recommend the City Commission approve Item C 1 to rezone from R-3, Residential, Single~Family District in Pinellas County to LMDR (Low Medium Density Residential District) and a land use amendment from Residential Low in PineHes County to Residential Low Classification for 1620 Stevenson's Drive. The motion was duly seconded and carried unanimously. . ~):I .>~\ ~ .! ~ ,,:.;11 , .' 1,/. .0'. . " '\ J .. ~~' ' /, ' mcd0300, 2 03/21/00 . I:~ . , , .... '" 'I', .\ " . ~ tt ~ " .t I.. '~:, '?;;" ;',::::: ::.:,:''':',y~:,'':''~' ::: '",:, '; ..,.... . 'I . . .0 ~ ~ ':';:~",",:'\5':' ,~,,;,,), ;,::,,";~,',';'~~; ),:,:..;~,'\'\;"~ :':~"')>':'~''':{\/~:'':':;~:.:~',,;'~: "/:'~>~):'; ;';':', ,'i';.:,,\:::}~~. ~.,:~..,.~:';.'.:'~', :~,::,:,<~'",:::~;:,::~ :;:,";i':,/ ii\{, ","~ .,~ :,.. '" ' , '., :' .,1:. ,,',. i . ,""',. ,... J. \ "\,_.0,,;.'1,,. . ..... . ,~ . ,I" \. . ".' , !_~' ''','' ,",:;"':",'~:'",',',',,':"',,,\,','~'\:';,:'i:'~":;'~""':':'/:':":"~:~'~':"~,'~",.';':,.,',\:~,',:":.\;'/":':~"''''':'::':~''';'''~''''..':':~:'~':.'.:'~('r'"";,:"":,,,:,,;,;:,, ..,..(:I>,',P .,'....~.,.,~.....,..:.>..t. i;... ~:.. '{I:~';:~~I:'~~,'.~~:',~.:~, "'~~"'f'~J.~::'''f~..,.: t' ,.,I'l' .-;,:. I~..,'l..' .:.~ l~ '.. .,~.- _ - .' ._ .:.., \~.', ,.~. ~J \. "II' :\1:/....,'....,.4~\:.,;...1'...\\'...... l'~. ~.'.1..:-.d. .. ."":.' ,,\~t... I~:~I:.\I.'...." It ,'.,::I;.~. ..:.~.~I~l...r, /<.<._..~,~...-;:/".., '~,I~" "1 '>:~..:l,:.,:(:J_~. ~<'.:, ., .,~,.;..,"':,. 1.1 , I ,~;c. : (I :,' ; ~. ~ _ . I ~. " ,; .' ~ .< ': , I, " H " .". ',. f . ,'j . " : .' , , , ' ~..'. .' c I> I ; .~ ~ ' c ~ , ;1 , " . tt/;~~ .,. Request annexation of O.07-acre to the City; hind use amendment from Commercial o General in Pinellas County to Commercial General Classification; and rezone from C- 2, Commercia,l, General Retail, and Limited'Servicos District in Pinellas County to Commercial District tCI. Parcel: 7/29/16/00000/220/0200. ANX99-12-26 .~.' "./: '. " I: c " The applicant has requeste.d annexation of the 0.07-acre, 2600 block Bellealr ,Road extension, on the northeast corner of the US 19N intersection to use as sidewalk: The property's land usa plan designation will be Commercial General and it will be zoned, Commercial (C). The applicants have paid the assessment and sewer impact fees for the entire development. , ',. ~ f. I ,,;. , .. ,., : . ~:' ~. . ...<.: ~ On July 16, 1998, the City annexed the 62.11-acre "Allen Creek properties." On September 23, 1999, the DRC (Development Review Committee) approved a site plan for 644 units. The subject 5-foot strip also belongs to the developer, Grand Bellagio at Baywatch Limited Partnership. This strip was not included in the initial annexation due to an oversight. Staff recommends approval. :? C r f I,., \, ~.~ >, . ~ '; , .\', I, ~'J \ 'I 1-.\ Member Johnson moved to accept staff's report and recommend the City Commission approve Item C2 to annex the 0.07-acre parcel, in the 2600 block Belleair Road extension, to the City. The motion was duly seconded and carried unanimously. ~\.I~ ;~ . ~ \ , I '.1.:", ", I ~ }- \,,1\ ,I tt~~ "~':I,ll Member Johnson moved to, recommend the City Commission approve Item C2 to rezone from C~2, Commercial, General Retail, and limited Services District in Pinellas County to Commercial District (C), and a land use amendment from Commercial General in Pinellas County to. Commercial General Classification for the 0.07-acre parcel, in the 2600 block Belleair Road extension. The m'otion was duly seconded and carried unanimously. .)......~ ;;.> ~.~. <~ \ ~ ~ , ~ '.(:/~ ',:~ f,<~ :::;'.,.~~ q ,~ ~:;,;:, ;~)' .~\.~:'. i' :,VI "~f'! .. ,\. Item C3 - 1400 Block of North Belcher Road. Clearwater: SarandaDorou Partners, rnc. - Owner. Harrv Cline - Representative. Request annexation of 2 acres to the City. Parcel: 7/29/16/000001220/0200. ANXQO-01-01 AND .. /1" . d ,,. i~';!:' ,:,;:'(: ,::.:~:~ ~.. .~, i~! ,~\~ oj .I.~ I' Item C4 - 1400 Block of North Belcher Road. Clearwater: Sarandaoorou Partners, Inc. - Owner. Harrv Cline - Representative. Request land use amendment from Residential Estate (RE) in Pinellas County to Residential low Classification (RL) and rezone from Agriculture/Estate (A-E) District in Pinellas, County to Low Density Residential (LOR) District. Sec. 07-29-16. lUZ 00-01-01 ~ , " :)~;' ': ),~ ~~i !.~. The subject property has a pending case that proposes to change the Future land Use Plan category to Residential Low and zoning district to Low Density Residential. The property owners request annexation of the vacant 2-acre property. Townhouse development has been proposed. I, :~ . .'< .. ~ : The proposed, annexation can be served by all City services, including . 'i utilities, police, fire and emergency medical services without an adverse effect on ....._.J1' .i.)'! I':'" 1/:..\ I, , ,I \' ", ': mcd0300 3 03/21/00 :/ .' '" .J ~~. ',1: '. '. -'....... ".~ ':"',,, ,', ..,' '/. '., ,;,/' ::: :;, ,,:,' \. ;, >::,'\ \,:::,'", .,:.:, ;,: ,;::>/,; :::'?i. 'c'/ \);;:';:;; :'F"'~" :.';'.~' .'t':': ::; ~('~,::~::"~.'\ ":/)Y:"",{i:~;~,;?; , ",,', ,',. " " . ,e, ':. :',; .'" i- ',"'" " !,..,' '," '. 1 '~: '.', "'1,.,, ~'/"," '~", ,ql,~ :~' .'1' >"" A::.;" I .{..l ,'. ':' 'I::"~"" " I I, '. \, \" I:.. "II .,'1. \""~ 'f:" ,\'.," I \ ",:, :,;/,~:,.:'..,~,::.f.<,:':l .. ""'.. " . " ," '.' ~', I,,' "I' " ,I"~ , . ,.. I',' 'J ' .' . '. t'f-' , ,"', ~'~ " '1' ",' "'" ('. '\1 . h, '" '", , '" \' , ", ,', ",;',,~'.: \:~,~':;:.-:,fJ'..'\'.'::~ ',:',';::':.J-01~''''',/I,''/'':',:,:' ~:~:,I.',"'~";/; .',,'...;' ,,'..";::: " ':'. ':,:,,' ~";': ': :>:s' /"'\ ~';,":;,~;:::;'" :'>,::' ''-;,' ,'..,: ,,' " I.. '''I' /,," " ,'I,". ., ,', "" .' ,I, ',', ." ;," ", ",.' '.';.'< I ,..' \ J,~, ,I . - .:.-',,:-:...',"',,' ,,'~''''', t' '~11',':..,.\"4.' '.J:j)t.: : : I:. ", t" :',~~' ,;;:" I ~... .':.d" ,t._ I ~J' , . " /..1.: +; ~ <~I '" ,~ ;1:>:.' ,."c' :..~ II .:" .:. c~.' ., . " : <.., , .' '"I .., " .,. ',. . ~ , . ~:. ; '. j '~ .\ "J ,,,,., service levels. The applicants are aware of the required impact fees and 'other additional costs associated with the extension of water and sewer to the site. The proposed annexation will meet the required density ~f Residential low. . Staff recommends approval of the annexation' of this property legally described as that portion of the Northwest y.. of the Northwest ~ of Section 7, Township 29 South, Range 16 East lying 50 feet Southerly of and parallel to CSX Railroad centerline less the West 55 feet thereof (MB22f02). . " The applicant also has requested to amend the Comprehensive Plan's Future Land Use Map from Residential Estate (REI to Residential Low (Rl) and to rezone from Agriculture/Estate (County) District to Low Density Residential (LOR) District. (']r' '.' ',\ Senior Planner Gary Jones said this application has illuminated a need to amend the Code to allow level 2 approval of Flexible Development in a lowwdensity residential district. This proposed multi-family development would increase density 2 steps, from 1 unit/acre to 5 units, and meet the Countywide plan. Its location off Belcher Road.abuts a low-density residential district to the east and pockets of . commercial and industrial uses to the west. While the MPO (Metropolitan Planning Organization) has rated Belcher Road's LOS (level of service) in this area "F, II residential development will create the least impact. .. )1 .,. ./ . \. . . :',( : .~: ,',,~ . , I ;1''' t\' / \ ;\ .': ,I, ,..If. ~"', . :r'l ::;:1- '.\ ' \':.t. t"'},'. (.~:\; ~ '~ ' .~.I~.\ l~ .'~ . L.' ',}i. "',: \ ,. -.) "'..... }". :.,.n: , . ,r. ~'. .J, ~ ~ <I 'j'f: " : ~;,r: V}.. :(: i. l~~ ~l./ C~.) ~~ ,,a1T Planning Director Ralph Stone said the property is challenging'to develop as it is oddly shaped, abuts railroad tracks and the Long Center recreational facility, and has ingress/egress off Belcher Road, which features nearby industrial uses. He said the project will.provide a transition between development densities. Harry Cline, representative, said no one would build a single~family home on this remnant parcel. He said no more than 7 townhouses will be constructed. One resident spoke in opposition to the project. Mr. Jones indicated the property has no access to the abutting neighborhood. It was felt this project will provide an appropriate. buffer. :i/~/ . . ;(.;,\ J \~L . '. "~ '.1' ..).. , Member Johnson moved for the COB to recommend the City Commission approve Item C3 and annex the property in the 1400 block of Belcher Road, legally described as that porti'on of the Northwest 14 of the Northwest ~ of Section 7, Township 29 South, Range 16 East lying 50 feet Southerly of and parallel to CSX Railroad centerline less the West 55 feet thereof (MB22/02). The motion was duly seconded and carried unanimously. '.;~ ' . ';.' . ". \ ..-j Member Johnson moved for the CDS to recommend the City Commission approve Item C4 to rezone from A-E (Agriculture/Estate) District in Pinellas County to LOR (Low Density Residential) District and a land use amendment from RE (Residential Estate) classification in Pine lias County to Residential Low Classification (RL) for property in the 1400 block of Belcher Road, legally described as that portion ot"the Northwest ~ of the Northwest y.. of Section 7, Township 29 South, " . ,< .... r " ,.' ~... .. , ~.~I:. .., 't ;. ,.1 I :'~.~ ; \).. mcd0300 . 4 03/21/00 ,. '\" i/ ': ~ ~ ".' , f... ., I. : r ~ '. !.". ...~~ "I.: ' , j .< " . ~ 'l ,~ (:\. :'.. :;~. '" ':::~;,( '''.' """'" ',' .. .. " ',,' '" 0" ',"., "",:: ':,: ",: ,":'.~':' ".;,.,::~:.~.i;,:,;;.~'.:~...:'::~"'/;",':;.':{?':'{:~~;:;.\\:.'<~1: ~:,::,!'./::~.:}:\;?\:,>:.:~; .'~ ," . . j :'.' j';'" ",...'....~,..;:<.:..~~..:.:...:\"..:~:;<~...:,.'>l..:,,,::(,::':;:\i{:: '" ", ' ,':, ,,,.. .. ," "l. " " "',_' "., ",II ' ,':!:,?;;';H ',,'i'" , ':'''' ',T; 'i({,:\{,:~,}'~~;~"<'('~:~)f:\}J.;1::::,';;:4'''~:" :., ,,'i::\,,' ,,";:.':' :,);;J/; //c.:: i;0:':~:.: ,.' . '..... . 'f .," ',', I . .'\/, '". " .':,','., .'. "\~:I"" ... ".,' .~i ,', ..~. :" . .., ... :~ '.1'. . /'J ,.' . .., .i~"'" \' " ~I;.,'~ ~-If,/F I .':;~""<:. ,:..:' ;' 'd 1.','J~ ,... . ~ ,. '. (,' f':r " , . :..~t ~'.. I. :'c'-"'. ' t..1 ".:.' .~. " , I t>' ,I. , I' , i , , c= ,ct , , ' I. .... ,,' .,:. . ' . ,") "L"l'> Range 16 East lying 50 feet Southerly of and parallel to CSX Railroad centerline less the ~Vest 55 feet thereof (MB22/02)., The motion was duly seconded and carried unanimously. Item C5 - 2155 Montclair Road. Clearwater: Ascot land DeveloDment Corporation (Paradise Adult livinQ Services. Inc.) - Own'er. Request annexation of 10.625 acres to the City; land use amendment from/to Residential Urba!1 (upland area) and Preservation (wetland area) classifications; and rezone from Agricultural Estates Residential District (A-E) in Pinellas County to Medium Density Residential IMDRI District (upland area) and Preservation (P) District (wetland area). Sec. 01-29-15, M&B 14.01. ANXQQ-02-02 ITEM 0 - LEVEL 2 APPLICATIONS AND Item 01 - 2155 Montclair Road. Clearwater: Ascot land Development Corporation {Paradiso Adult livina Services. Inc.) - Owner. Request Flexible Development approval to permit an assisted living facility, as a Residential Infill Project, on a site that does not front on a major, arterial street. Sec. 01-29-1 5, M&B 14.01. FL 00-02-06 ' r~";~ .. ~t!';:.' The heavily wooded 1 0.625-acre site, on Montclair Road's south side, west of Belcher Road, includes the 4-acre Beckett Lake Preserve/wetland area on its south. The applicant's proposal to construct a 73,QOQ-square foot assisted living facility meets ail Flexible Development criteria except for the requirementthat it be located on a major arterial road. Montclair Road is not arterial. , ' The site will feature about 6.5 acres of undisturbed preservation consisting of approximately two acres on the site's west side, in addition to the 4-acre wetland area. This buffer/open space will retain the natural vistas of neighbors to the west. The 3~story buildings will be less than 50wfeet high and more than 40 feet from all property lines. One freestanding sign, with a maximum of 12-square feet, is permitted. General commercial, retail, restaurants, etc. are required to locate on major' ' arterial roads due to their high generation of traffic. Assisted living facilities, however, generate less traffic than single~famify use. The site is close to Belcher Road, an arterial road. The development is not possible without this variance. The site will serve as a transition between the single-family area to the west and commercial nursery to the east. \...J Staff feels the project will enhance area property values and increase the site's value from $ 496 t 700 to $1 Q-mill ion. Although the site is in the County, annexation and rezoning applications have been filed. The proposed zoning is Medium Density Residential District, which permits this use as a Level Two, Flexible Development. Landscaping improvements will meet or exceed Code requirements. The development will have one point of access from Montclair Road and generate mcd0300 5 03/21/00 , . .. \.':<".<: t.: \ ~ I '1 ' :.. '.' ", . '; c ., . ." .:.,~ I , . .. ...., ,', /1 ~. . ,.'!, , ' . I.. , ,..."" , traffic comparable to other permitted uses for the site. ' The project is similar in size and scale to On Top of the World apartment buildings directly north. :''''\\ ~~~\ The ORe (Development Review Committee) reviewed the application and supporting materials on February 24, 2000. Staff recommends approval of a Flexible D,evelopment, as a Residentiallnfill Project, for a 73,000.square foot, assisted living facility in the Medium De,,:,sity Residential District that does not front a major arterial street at 2155 Montclair Road, subject to conditions: 1) City Commission approves proposed annexation, land use amendment, and rezoning and 2) a landscape plan that'meets or exceeds Code requirements be submitted to and approved by staff prior to issuance of any permits. i' \." \1' . , I }" ", ,."., t. . ~ " I \ '.j Development Review Manager Lisa Fierce reported on March 20, 2000, the City had received a facsimile from larry Crow's law office stating he is the local , attorney for Sidney Colen and On Top of the Worl~, as objectors to Items C5 and 01. Assistant City Attorney Leslie Dougall-Sides j'ndicated State statute provides privileges during legislative sessions to attorneys, like Mr. Crow, who serve as State legislators. Upon notification, courts and municipal boards are required to continue cases until the legislature has recessed, if the objector is granted party status. A faxed supplement requested the COB (Community Development Boardl grant Mr. Craw's client party status. .>If.... ,/,' .,.''" \ :/), '. it ::\"; :" , , ,( " .~, .- {l;.' !..\~ .:i(\ . \~, ',',J, .'.~ (;,:~;) . '4jo.. , Sidney Colen, of On Top of the World, said his development is across the street from the subject property, and that he is an interested party. He stated he had legal representative when Pinellas County considered this issue previously and would be deprived of legal representation if these items are not continued.' He did . not object to the assisted living facility but expressed concern regarding its impact on On Top of the World. He opposed plans to locate the facility's corporate offices on site. In response to a question, he said he did not know why Mr. Crow had not forwarded the request for continuance before yesterday. Concern was expressed further delay due to this last minute action would cre~te a hardship for the applicant. Mr. Colen felt it important his attorney relate historic facts to the board. ...., (~ .... ~~k~ \I' ' 1-. 1; i ;.:..: .'..[ 1 ~" I , I.~JI :.e.,i t~;.; 5~~: a~I."'~ '~'I~.~' " '~ l ::~'.i ;Ybi; '1}1 ..\f:~; \~'l:' ,f\ " 'n .. ',' ':;; II~' .' ~.' . ':\', Ed Armstrong, representative, disputed the inability of Mr. Colen's primary law firm to attend today's meeting. Robert Forlizzo, of Ascot Land Development Corp., said the administration office will feature two corporate employees to run the project, the corporation's only asset. He said last August, On Top of the World had contacted him objecting to the use of "Paradise" in the facility's name and demanding an easement for a pipe that drains part of the On Top of the World development into Beckett Lake. He said his corporation has signed a settlement . agreement with an On Top of the World attorney agreeing to change the name and grant the easement. He said a continuance could cause the project to collapse. Mr. Armstrong said the County had approved the project previously. The developer then determined to annex the property to receive City sewer and water services. . . "I'~ ~u (, :' ......l, \..; ~, \; " . ,.'1. , , .\;' i, '....., Mr. Colen said the facility had increased in size from 90 to 132 beds, while the number of parking spaces had decreased. He requested the board continue this : ~ :~: I'). ,'. \-.....:,,.; " ~I ,.\: mcd0300 6 03f21/00 , ,if ",.'. :'. ~ " "I'. ., , .,;:il , ,. .', :'J , , '.. .,-:.~ ..l. I', .... I " .'.'... ,\ ':}.'..:~:;:. ~,:....., '('''''"j~;,'.",!.. ,,'.f>::' n.... J ~..- -- ..' ,. ., , .~. :", ~ ~,;:'~,:i":i~'Y ::,' (': ,'( .~:L.' :...'~'.~<,::.I,:, I' .;....,'.{ './ I" .:~ ):;i\':'7..:;r;~:\;\.r:.~}:'fi:;'J,'~,'\';.;.'r~~~.i:,~:;:/~::.}:~~sjA::~:'I:li~t>r.i,iS::~,!::?\:.~f)i~!Yit" .', ' I ~ .. ". . f,' ~, ' .' .' . " " '. ,,' ~.' + . ,<, ,c""" i:',: , 'L::, I<~' '. .' ,r ~'::.;. ~I F . .. '>.;,1",): :.... ? J.. 'f'j. ': .'c' .. , t. . '.'.. 1'! ,~ , , item' until April. It was noted leg,lslators are busy during the session's last days. It was felt Mr. Crow could not appear before May. .:. . 1 J ~ { , : .~ ': '. ,I '/ .11 ., . , . Member, Gildersleeve moved to deny Sidney Colen and On Top of the World party status related to Items C5 and 01. The motion was duly seconded and carried unanimously. I,.... ; '.> In'response to a question, Mr. Stone said once a site plan is approved, the ORC's (Development Review Committee) report becomes part of the file. The site plan is not cited as a condition as it is part of the file, which tracks all modifications. The plan presented to the CDS includes adjustments based on DRC comments. The site plan includes the easement for the Top of the World drainage pipe. In response to a question, Ed Armstrong, representative, said the easement will be granted to the County. Ms. Hardin said the project's location will be adjusted once a detailed wetlands survey is complete. " '. ..'... .I , ' .' .'{ 1.'1. \ ~ roo. ",' \ .() ',( 1 , l 'j " '.. .~ i Two residents expressed concern regarding changos to the project. It was stated the developer had worked with residents west of the site to protect their vistas. v... . '" H..\', \~/, "! ~. , .. ~ .. I '.; '~:~', , .. " ~.. .,('~~ l" ~I" 0 ."~ f.' > .~~.~t,: .;~:<' '.t.'1~. IJ~: . I. > 1 ~ t/ fj ':i~~J {': I . ~ . l;.~\ ")\'1'\ ::'-;.11 , E~~ '.:~~.-f~ \.. ~ <~J.I: " I' / ~l~" . ! . ..~' I~ Z " '\ '~ '~s"" ,{~~ t;. r.:lf~ 'o.L:r Ms. Dougall-Sides said annexation is not a 'conditional action. Mr. Stone said ,in the past year, the County and City had approved increased bed counts, 'allowing the project to increase in size. Ms. Fierce said the building 'will be 42 feet tall, while 50 feet is permitted. It was stated a letter containing many signatures demonstrates neighborhood support for this project. Member Johnson moved for the CDB to recommend the City Commission annex the subject 10.65 acres to the City, rezone from Agricultural Estates Residential District (A-E) in Pinellas County to Medium Density Residential (MDRI District (upland area) and Preservation (P) District (wetland area) and a land use amendment from/to Residential Urban (upland areal and Preservation (wetland area) classifications at 2155 Montclair Road. The'motion was duly seconde,d and carried unanimously. J~...t\ \, ~ l' , ~ '}, I :;\.~ r :J.i. ;:;~.;:, '~,)' ~ ~' J'" .,.. , 1'1..... '....I~ ;.. ~ .\'?, .<' :~ ,~.} Member Johnson moved for the COB to approve Flexible Development to permit an assisted living 'facility I as a Residential Infill Proj ect, on a site that does not front on a major, arterial street at 2155 Montclair Road, subject to conditions: 1) City Commission approves proposed annexation, land use amendment, and rezoning and 2) a landscape plan that meets or exceeds Code requirements be submitted to and approved by staff prior to issuance of any permits. The motion was duly seconded and carried unanimously. ", t:r'~r :',~r ,i ( , .,)' , '.f ,,;:', ~ 'J . I Li Item 02 - 1005 Howard Street. Clearwater: Robert C. YounQ/YounQ's Funeral Home - Owner. Mark Jonnatti - Representative. Request Flexible Development approval to expand existing funeral home (Retail Sales & Service) in an Office District and reduce 25-foot front setbacks to: 1) 8 feet on Ewing Street: 2) 11 feet on Greenwood Avenue: and 31 5 feet on Howard Street, as part of a ComprehensIve < \ '...-1 ~'..' '.; l'~~ mcd0300 7 03/21/00 '," I .; ~, ' c ,.,...' I ~ ,. , . , ' , ': '~ ~,<; · .., " '..'..,",'," ",: ,.", .' ,.:- )<:":,,; ~,,;:::: ' /.)::' ,': ;1:;::"}?::~ i j'i/ /~:~"<;;?:;;:':.: .'\' "." ',' '..., ... '.. · , .. ,.. "." 'I " .. "', . ' . ". " , '" i ""'..' , " , ", ."", " ", '..,' . \'S~ ~I. , j. i, .' l .' .. \ .... : ... , . ' ,,:' "~I' ',..',,;. ':/':'::;!,..:':','L',:,:,;' <, ",; ;':" ::, ,:.::"",:::'::<;':, "" 't:':".,:,>, ~ i:"',i'<::~~:', ,': i" ',:' " .>;",:">" ';. :;....~':",:,::;' ,'\::':/:';:!~ ,/., ;'\:'j ,," "'( " ",'I.'.,' Y '{' 'L' .... ' · '....., '" .. .. "", ' :, ,,' '''''''''' "t ," ", 'j! "\"" ", '..... J, , . I, '. , ~"" ."..' ",'".'... < ,: ,<"';''\:' ,. ..:. ,',' ""; \\i; :,;::::: :: ..::;':;' ~::\;:;,,;:;:.; \\,:" ';:.. i'I;" ',,< ;' ,;,::: .. "'q 1" ,., , , ,~~~ '\<,:.;~~,:;:f: , " . , I' . ., l " c, '., , ' 1I." " ',I, ':' '~ . . , >-" I ~~ t. .' , .' , , , ' >j . ~,. Infill Redevelopment Project & Comprehensive landscape Program. Belmont Sub 2nd Addition, Blk F, lots 1-7 & part of lot 8. Flo'O-01-04 ,The 0.44-acre site, on the southwest corner of Howard Street and Greenwood Avenue, features a 2,371-square foot funeral home. The site's 2 parking areas have 2-curb cuts each and egress/ingress onto Ewing and Greenwood avenues. The site's landscaping is limited to a few trees on the south property line. A freestanding sign, approximately 12wsquare feet, fronts Greenwood Avenue. An awning, on the building's north elevation, provides approximately 11-square feet of' attached signage. The applicant proposes to expand the 25-year old funeral home. As the lot is relatively, small, setback reductions are necessary to enlarge the facility enough to serve .the applicant's clientele. The 1 ,56C-square feet expansion will increase the building's size to 3,931-square feet. Site improvements will upgrade landscaping, exceeding the intent of Code, and pave the southern gravel parking lot. {':~~'\ "i:~,)./I Current setbacks for the building and parking lots are non-conforming, but are consisterit with setbacks of surrounding businesses and homes. It is estimated redevelqpment will increase the site's fair market value from $1 21 ,400 to $214,458. Adjacent uses are a mix of residential and commercial. The funeral home does not generate high traffic volumes. The business separates residential uses to the west from more intense commercial uses to the east. Staff feels the project is compatible with adjacent land uses. The project will improve on-site traffic flow, site drainage, and landscaping and enhance the community. Site improvements offset setback reductions and allow a retail sales and service use in an"Office District. This project may encourage other revitalization efforts. The applicant will provide on-site parking and pave the gravel lot. Existing curb cuts function well and will be maintained. The applicant has worked closely ,with staff to design an attractive landscape using drought tolerant and low maintenance plant materials. The DRC reviewed the application and supporting materials on February 24, 2000. Staff recommends approval of the Comprehensive Infill Redevelopment Project to expnnd a funeral home (Retail Sales & Service) in the Office District. and reduce the' 25-foot front setbacks to 8 feet on Ewing Avenue, to 11 feet on South Greenwood Avenue, and to 5 feet on Howard Street. and approval of a Comprehensive landscape Program for 1005 Howard Street. Mark Jonnatti, representative, said he had worked with staff on this project. ,../ Member Gildersleeve moved for the CDS to approve Flexible Development for the Comprehensive Infill Redevelopment Project to expand a funeral home (Retail Sales & Service) in the Office District,. and reduce the 25-foot front setbacks to 8 feet on Ewing Avenue, to 11 feet on South Greenwood Avenue, and to 5 feet on Howard Street, and approve a Comprehensive landscape Program for 1005 Howard Street. The motion was duly seconded a'nd carried unanimously. mcd0300 8 03/21/00 "(J "c, , Item D3 . 970 Eldorado Avenue,' Clearwater: J. Wayne & Brldaet M. Philllps 'Owners. Request Flexible Development approval of Comprehensive Infill Redevelopment Project, and reduce 25-foot front setback on Juniper Street to 5 feet. Mandalay Sub, Blk 61, Lot 8 & riparian rights. FL 00-02-07 The O.15-acre site, on the southwest ~orner of Eldorado Avenue and Juniper Street, features a 3,900-square foot, 25-foot tall singlewfamily house. The applicant proposes to raze the house and construct a 3-story, 3,586-square foot, single- family dwelling with a 3-car garage. The corner lot has 2 front setbacks. Juniper Street, platted as a public street with 60 feet of right-at-way, has been improved witli a pedestrian-only access to the beach. Eldorado Avenue, a two-lane residential street, dead ends immediately north of this site. The applicant wishes to reduce the required 25wfoot front setback to 5 feet along Juniper Street, similar to other area lots that adjoin public beach access. The owner seeks to maintain a consistent neighborhood streets cape. (;:~ In 1989,' the Development Code Adjustment Board approved the same request, but the variance was not used and expired. The site is small for a corner lot, measuring 60 feet by 110 feet. It is impractical to improve the site 'without seeking relief from required setbacks in the LMoR District, which permits single- faJTlily dwellings. The, structure will encroach 20 feet into the front setback along unimproved Juniper Way. The project will not reduce the fair market value of abutting properties. It is estimated the assessed value of the subject property will increase from $343,000 to $800,000. The project will be compatible with adjacent land uses. The proposed front yard setback is consistent with neighboring sites. Substantial buffering exists within the Juniper Street right-of.way. The applicant proposes to construct a structure similar in size, scale and quality to surrounding houses. Proposed improvements will complement the neighborhood. Use of Flexible Development standards will result in a more attractive house and property, a consistent streetscape, increased property values, and enhanced community character. On February 24, ,2000, the ORC (Development Review Committeel reviewed the application and supporting materials. Staff recommends approval of the request for Flexible Development, as a Residential Infill Project, with a front setback reduced from 25 feet to 5 feet on Juniper Street, for 970 Eldorado 'Avenue. In response to a question, Ms. Hardin said the Comprehensive Plan forbids the vacation of beach access ways. City policy requires these accesses be maintained in perpetuity. Ms. Fierce said the new house will be set back 25 feet from Eldorado Avenue. Mr. Armstrong, representative, said the new construction will be less non- conforming than the current house. Planned upgrades will be consistent with nea'rby houses. .-j mcd0300 9 03/21/00 ~'..'."'..:. ,',.I"".~'l ,.:.tt',S'., ":":','.' ,'..,.., ,.. ...',......~.. t'.:l,~.'\l\-.}. '"~l,,tL',\",' ~~/".. ....'...'.t'/..,..,~( I;'I.\\'\~..I '+11, '"',, l,' " ~ ' " fi \/~ '\ .\ /, , . (",i' ,\ " , " .' ;; \.. ~ ,< .' .,', < , ,0< , , , 1, ;. .' '\ ... ',. ..1J ,I " ,'I. " I , >' 'c' I, I ',) :, 'j :~, . Ii' : ' , '--... ~ " Member Petf;rsen moved for the COB to, approve Flexible Development for the Comprehensive Infill Redevelopment Project, and reduce the 25-foot front setback on Juniper Street to. Staat tor 970 Eldorado Avenue. The motion was duly seconded and carriod unanimously. .I t" f :~,i ITEM E - APPROVAL OF MINUTES f~, ".'1, Member Moran moved to approve the' minutes of the regular meeting of February'15, 2000, as recorded and submitted in written summation to each board member. The motion was duly seconded and carried unanimously. .. .,, ........, ,'\ ~~~\ " ,\ ~:" ITEM F - DIRECTOR'S ITEMS " Community Develooment Code review .~ .t '\;' , I );' >< . \, ~. ~ " ' './ t:" , " Mr. Stone reviewed staff efforts to review the Code, including many public meetings. ' r/' ,. ~.: . Senior Planner Gina Clayton distributed proposed language for policy issues, including recent public comments related to transient accommodations. The PPC, , (Pinellas Planning Council) had ruled previously that residential properties in Pinellas County cannot be rented for less than 31 days. Ms. Clayton reviewed recommended changes, including the addition of overnight. accommodation 'and '" residential use descriptions to the definition section and a limit on leasing overnight l,"\'\ f~jitf accommodations to 30 days or less. IC, j> " I,\~ .' -~ ;~';. ~,.~" ....;.". );... I' : ~ :\ ',y,,' co , ..,t, t\ 1./, 'I;' .J< )cl, " r', ?,: Discussion ensued regarding impacts of the changes to Sand Key condominiums, Crescent Beach I, Crescent Beach II, and Lighthouse Towers, which permit sho~ter rentals. Ms. Dougall~Sides said the City Commission could approve shorter rental periods tor condominiums in medium- and high-density residential districts constructed prior to the PPC ruling. Concern was expressed the proposed changes wouldbe difficult to enforce. Ms. DougallwSides agreed it would be challenging to obtain direct evidence of violations. Mr. Stone said County enforcement is probably based on complaints of transient activity, newspaper reports, etc. Concern was expressed this action would undermine the property rights of residents of the 3 subject condominiums who had purchased their units aware that bylaws permitted 14-day rentals. .' () 'I ~: ::",1 ,; !:~ .; . ", 'if. \ .~:. C. " In response to a concern, Ms. Dougall-Sides said as long as health, safety, and welfare clauses support the change, this action would not undermine property rights. She has not found any cases in Florida, which struck down similar provisions. It was suggested the City define transient accommodations as hotels, and require compliance with related State laws'. Mr. Stone recommended City rules be consistent with County regulations. .'.' i";'.:' , \ " , , .' '" ~, ~{;~ 'J Six citizens spoke in support of increasing minimum rentals to 30 days and, 7 citizens spoke in oppositi~/1. ,",.' ;.. ~ I t 1.:':- " '. mcd0300 10 03/21/00 I, ,:,! " fI' ,:: ';{I '~',',.;",I:,~,:.,:~'>, ~',;.'.',:' /: ',':" 'I',:,: .,J " <,~ ~:{, ' , ":I?);,~;'~':< " ",' .'. ~\, I r.' I ';" I ',..:..1 )..,. t /; ;"E ':~ ::~'" ....~". ~ ';-.. <'I(\,l~, ,:.':.'. .' r..:.;. ~'. :'.~"~" ". ,1. , j \ r " ,,'.',l,;..,.',' (,.','.',','". '~'I. :.,..~,':,',' ','\.'~I~.,\,"':',',,:,", L:,;' . ';'. (, :..V,,": :', :',;" ~,.'.'<:;, "':,' ",,;,::,",',>~,.'l<<;: "_~~:">;':'. ,", ::.i; ,.': ' ,': <.:,;,\:,':',:~:,<~':,:~,<~ "':1.,', '\,' ','" .\. r";.';/,,. ,",' :'),:' "., f{';)'" ',:! I" '1.1.,:, 'f~J ..:', '.. <<'. : :'''. ..; 'i~:',:";<~'\':'7~,:'~r:~.;,,:>~.::~:f,,:::\i>:,~',>:f:~: ::\,. ~:' :,,;,,:,::,,>,:': ->: ;: '.., ~:~';~::~';d:l: : ;':'~\'" :':..: ": '. :'.', :;.:::,:;' :>/\': :://.,,\:t'C;, .,/,...., '0'1,.',111'...'" ",.~,'.'.', .,,' ~ ',i:,>:::.<.it ~..,.." ;~'~':/~~,~ ii,:,'.i:';';,~:J ..:,:.,':~:~~~~',: ,<('~',.,. 1 ,..,.,.:~.\o.,::\'\". ~";'.c.".'. III ,;\I:":.;,'~'~I~"-"\' .'~t~. ~.i".,'i', ..... ~~~;:.'I. ,:.' '; ,,', ..'.....i'.'..'.. ., '". ..,.', .~~ {,:',<:;:;~ ,:,;' : '..' :;', : <:~<:\ .;;,/,~},>:/:.:':, 'i."::' ,: ~:..:; ;.,',: :.- '1' \: '~, Cj. ' : ,. I... ' .. .,1 . ,.,:,., i ,'7"\. ..' -.. ) , ~ 1-" ' , Discussion ensued regarding condominium bylaws agreed to by unit purchasers. It was suggested bylaws are difficult to change to avoid whimsical decisions., ' , .' i One resident expressed' concern language related to Infill and transfer of 'developmen~ rights ,is not clear. " One resident complained the Code no'w favors beautification over people and opposed infill on Sand Key's gulf front being 145-'feet tall. Mr. Stone stated that any construction on the remaining 2 lots along Sand Key's gulf front will block the views of some unit owners. He said all infill projects must adhere to 11 extra criteria, which include compatibility with nearby properties. He said the maximum building height allowed along Sand Key's gulf front is 80 feet. Bay front construction may be ,as tall as 130 feet. One citizen expressed concern changes will disallow a change in use from a gasoline station to an automotive service center at the corner of Belcher Road and , Gulf-to-Bay Boulevard.. Bill Jones, representing the Clearwater Coalition of Homeowners, supported the County regulation requiring 30~day minimum rentals. He expressed concern less intrusive technology be used in place of wireless towers.' He said portable storage "11f~ units should not remain onsite throughout a construction project unless it directly (,.",1 < relates'to construction activity. Concern was expressed portable storage units are ""0 not designed to be stored in neighborhoods. It was felt they arc unattractive and intrusive. Mr. Stone reviewed proposals to limit rezoning request changes and cell tower proliferation, for tree protection, corner lot fences, portable storage units, and for design and compatibility review of light assembly uses. One resident stated the size of outbuildings is too limited. Ms. Hardin said staff has recommended increasing the permitted size from 5% to 10% of the main building. Approval of a larger outbuilding would require a public hearing to determine impacts on neighboring properties. The resident complained the $300 - $450 application fees are too expensive and do not, guarantee approval. In response to a concern related to a family home in a commercial zone, Ms. Har~in explained the procedure to terminate a non-conforming use. Discussion ensued regarding accessory uses in the office district. Consensus was to recommend exterior signs for accessory uses in office districts be prohibited. Discussion ensued regarding minimum rental periods. . 1 \_, mcd0300 11 03/21/00 .' 't,. . ~~ '~..IIII,.. "\. . ,:.\,,' .." .'.',.,' ..... ../. ....., .'" ,. .J. "~\:'~"":'. ;,;':'<,. I' .. ',." ,.,',.. ~ "', i", ,.'" .<." ',;",' , i: c ". , > c , " ". j l' " '. ' iV!,,'j:;t~;,~i\f~!~.bt'',i,\:::':'Wlih,'/;1~'I'''?':,'',,''!;/<'.. ..,f,:"'.:'~'/:. .:,:, ",",:. " ,,':,.. 'I, " ' , . ',~ '.,~.':: ,',' ,I '~.',:'I,,/:.:',/,:,\!\.;\,:;,.::',.':',:.:,( . ' . ". :' .', c ': ; ~ ' .. '.' \ I " r . ,', ' .'.. " , " . ,~/ , ~., t, I ,::" "~: : , . . ~ f ' ',' In response to a concern related to a family home in a commercial zone, Ms~' Hardin explained the procedure to termina,te a non~conforming use. Discussion ensued regarding accessory uses in the office district. . .: C I , .' Co'nsensus was to recom'mend exterior signs for accessory uses in office districts be prohibited. Discussion ensued regardirig minimum rental periods. : ' f~: 't Member Gildersleeve recommended the City Commission accept staff . recommendations to amend the Code, including a minimum 30 day rental period.' The motion was duly seconded. ' , , ' In response to a question, Mr. Stone said rental limits are enforceable against the owner and tenant. Ms. Dougall-Sides stated the City will pursue enforcement. Upon the vote being taken, Members Mazur, Gildersleeve, ,Petersen, and 'Chair Figurski voted "Aye"; 'Members Johnson and Moran voted "Nay." Motion, , carried 4-2. Member Pliska was absent: It was suggested fees may be unreasonably high. Discussion ensued regarding portable storage units. ~~(it~ \!i~lt:v." Member Mazur moved to limit the time portable storage units can, remain onsite to 48 ~ours. The motion was duly seconded and carried unanimously. Ms. Clayton, was complimented for her work on this project. Mr. Stone stated the City Commission will consider the proposed change~ and adopt the amended Code In June. ITEM G - ADJOURNMENT The meeting adjourned at 5: 16 p.m. rll ~ air Community Development Attest: u ~n k ';y)~ ~oard Reporter mcd0300 12 03/21/00