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COMMUNITY DEVELOPMENT BOARD MEETING
CITY OF CLEARWATER
May 16, 2000
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, Present:
Gerald Figurski
Edward ,Mazur, Jr.
David Gildersleeve
William Johnson
Shirley Moran
Carlen A. Petersen
Alex Plisko
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, Arso Present:
John Carassas
Ralph Stone
Cynthia Hardin
Lisa Fierce
Brenda Moses
Chair
Board Member
Board Member
Board Member
Board Member
Board Member
Board Member
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Assistant City Attorney - arrived 1: 1'0 p.m.
Ptanning Director '
Assistant Planning Director',
, Development Review Manager
Board Reporter
The Chair called the meeting to order at 1 :00 p.m. at City Halt, followed by the
. Invocation and Pledge of Allegiance.
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To provide continuity for research, items are in agenda order although not necessarily
discussed in that order.
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ITEM A - REQUESTS FOR CONTINUANCES/RECONSIDERATION - None.
ITEM B - CONTINUED ITEMS
Item B1 - 400 Jones Street - Osceola Bav Club. Owner/Allolicant: Osceolo Bav,
Development. LlC. Location: 3.24 acres on the east and west sides of Osceola Avenue,
between Georgia Street and Jones Street. Zoning: HDR, High Density Residential District.
Request: Flexible development approval of a Residentiallnfill Redevelopment Project with
an increase in height from 30 to 1 79 feet; increase in density to 45 dwelling units per acre;
and the partial vacation and relocation of Osceola Avenue right.of~way from Jones Street
to Georgia Street. Proposed Use: 1 50 attached dwellings and within two 1 79-foot
towers. Case FL 00-01-03
The appli'cant requests Flexible Development approval to permit 1 50 attached
dwellings as a Residentiallnfill project with an increase in height from 30 to 179 feet;
increase in density to 45, dwelling units per acre; and the partial vacation and relocation of
Osceola Avenue right-of-way from Jones Street to Georgia Street. The property is zoned
HDR, High Density Residential District with a land use of Central Business District. Staff
anticipates the property will be rezoned to the Downtown zoning district within the next
'year. Development within the Central Business District is governed by the 1993
redevelopment plan. Areas on the perimeter of the redevelopment area are regulated by a
supplementary Periphery Plan. This site is within the northwest periphery area, is
underutilized, and is appropriate for redevelopment. The Periphery Plan encourages high-
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rise residential uses along Clearwater Harbor. The project will have a Mediterranean-style
architecture with a stucco exterior and 'clay tile roof, include two levels of underground
parking, will be accessible through a gated entrance and exit off Osceola Avenue, and
provide exits along George Street. The design incorporates a 100-foot view corridor
between the two towers t'o preserve the view to the harbor. The buildings will be 15
stories or 179 feet high as measured from the mean elevation of the existing grade to the
highest finished roof surface or midpoint of the peak/eave of pitched roof. Staff is
supportive of 164 feet in total height based on the 1 50~foot maximum height permitted in
the Downtown zoning District as well as a credit for the 14.foot mean elevation. The
project also will include a pool, spa, tennis courts, and a provision for docks within the
harbor that will need to be reviewed under a separate application. The landscape plan as
submitted will need to be further refined and detailed to meet the Code requirements. Staff
is supportive of a landscape plan that includes both private and public property. Cost tor
'installation and maintenance of the landscape will be borne by the developer. The proposal
includes vacating seven feet of the northern tWo~thirds of Osceola Avenue between
Georgia and Jones Streets and the realignment of the southern third of the road. It also
includes vacation of the portion in front of 300 Osceola Avenue. Through movement will
be maintained with striping of a left~turn lane on Jones Street. Final lane alignments and
widths will need to be determined. Pedestrian access to Clearwater Harbor along Georgia
Street shall be maintained. Georgia Street will need to be improved to meet current
engineering standards. Osceola Avenue currently provides access to the Belvedere
Apartments at 300 Osceola Avenue. The applicant's proposal suggests that access be
maintained through an easement. The vacation of the road should not include the portion
in front of 300 Osceola Avenue but will remain public rlght.of-way with removal of asphalt
north of the Belvedere curb cut. This eliminates the need for the easement as suggested.
Staff feels the applicant is providing an attractive, well-designed devetopment that will
enhance the local area and the City as a whole. The development will further the City's
goals of improving the character of the area and promoting private sector investment in the
downtown area. The proposal is in compliance with the standards and criteria for Flexible
Development approval and with all applicable standards of the Community Development
code. Staff recommends approval of the Flexible Development application of the Osceola
Bay Cub, subject to conditions: 1) Osceola Avenue right.of-way north of Jones Street,
adjacent to 300 Osceola Avenue (Belvedere apartments), be vacated and dedicated to the
owners of 300 Osceola (with a revised plan to be submitted); 2) the balance of the Osceola
Avenue right-of-way be vacated by the Commission and relocated by the applicant, as
shown on the site plan (with revised application to be submitted); 3) the height of the
proposed buildings not exceed 164 feet from the mean elevation; 41 the landscape plan be
further refined and detailed to meet and/or exceed the requirements of Code, including a
minimum 10-foot buffer along all street 1rontages, prior to the issuance of any permits,
including the Osceola Avenue frontage which will include both project and right-Qf~way
property to be approved by Planning and Engineering staff; 5) the required open space and
recreation land fees be paid to the City; 6) a sidewalk be provided on Georgia Street for
pedestrian access to Clearwater harbor; 7) Georgia Street be improved to meet current
engineering standards; and 8) conditions 1 - 5 be met, to the satisfaction of staff, prior to
the issuance of the Development Order. Staff also recommends approval of the request to
vacate a portion of Osceola Avenue, beginning north of the Betvedere apartments to
Georgia Avenue. Finat confirmation of the utility locations may require the retention of an
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tft\ easement over all or part of the Osceola Avenue right-of-way. Staff will work with the
r, ,;9 Public Works Department to resolve this issue prior to review of the vacation request by
the Commission. In response to a question, Development Review Manager Lisa Fierce said
Osceola Avenue will remain a one-way street northbound. It was remarked that staff is
providing the applicant a greater advantage by calculating the mean elevation from Osceola
. , Avenue to the seawall instead of measuring from the four corners of the buitding. Planning
Director Ralph Stone said staff has measured from the main point between Osceola Avenue'
and the water. The effect of the additio~al height is no more than it would be at grade.
Ms. Fierce said permitting the applicant to vacate seven feet on the west side of the right-
of-way on Osceola Avenue will enable the applicant to provide the proposed design and
accommodate utility placement. She said the level of service on Alternate 1 9 will not be
altered. In response to a question, Mr. 'Stone said staff does not consider shadows cast on
adjacent buildings. In response to a question, Ms. Fierce said Condition #1 can be changed
to "... vacated and conveyed..." rather than",.. vacated and dedicated... ". She said the.
Osceola Avenue portion being conveyed to the Belvedere Apartments would not obstruct
traffic.
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Ken Roush, Northside Engineering Services, representing the applicant, expressed
his excitement about the project. He said the project will enhance the community base and
is consistent with downtown redevelopment plans. It provides maximum open space for
views to the water, is pedestrian and motorist friendly, is attractive, and provides adequate
street lighting and signage. He firm has met With neighbors and neighborhood associations
regarding the project. The applicant requests approval of two 15-story towers, including
two-story penthouses, He said the site is not in an airport restricted lone.
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Richard Trela, developer, said the 15-story towers will have more units on lower
levels. The upper units are larger. He said if the requested 179 feet building height is
denied, the applicant would need to reduce the number of units.
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Bob Heiser, architect, said if the project was redesigned because of staff's
recommendation to reduce the building height to 1 64 feet, less units can be built, and the
square footage of the penthouses would be reduced, The buildings atso would become
bulkier, encompass more open space on the site, and create more shadows on adjacent
buildings. The applicant's proposal includes a decorative roof instead of a ftat roof,
streamlines the design of the buildings, and results In a more attractive design. Ms. Fierce
said the plans submitted depict the design at a 179 foot building height including the '
penthouse. She said as staff had informed the applicant a building height of only 164 feet
is permitted, the applicant would have to pursue the request for a 179-foot high building
with the COB (Community Development Board). In response to a question, Mr. Heiser said
no alternative plans were drawn to depict the project at a reduced height. As Mr. Heiser
reviewed the details of the project, it was remarked that the design shown was different
than the one reviewed by staff.
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Hoosh Ghovaee, Northside Engineering Services, said the applicant is not ready to
design the project and wishes to maintain the flexibility to make minor changes.
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Discussion ensued and it was suggested as staff did not have the benefit' of '
reviewing the modifications presented by the applicant's representatives, that the case be
continued to the June 20, 2000, meeting.
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. Member Gildersleeve moved to continue Case Fl-OO~O 1 ~03 to the June 20, 2000,
COB meeting. He questioned why staff was concerned about the 179-foot height
requested as an untrained eye could not distinguish the difference. Mr. Stone said staff
follows the standards and regulations specified in the Code. Staff has considered not only
the 150 feet permitted in the Downtown z()Oing district, but has added 14 additional feet
for mean elevation. The applicant's request for a penthouse on each tower does not
support their request for an additional 1 5 foot height.
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Upon the vote being taken, 'the motion was duly seconded and carried unanimously.
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Staff stated that the applicant will need to resubmit their modified plans no later
than Thursday. (t was noted that two letters of opposition to the project were received.
ITEM C - LEVEL THREE APPLICATIONS
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Item C1 - Sunset Point Road and Soule Road. Owner: Benevolent Protective Order of Elks
of the USA, Clearwater Ladue #1525. Ar:lPlicant: Cornerstone Communities, Inc.
Representative: Keith Zayac, P.E.. Post. Buckley( Schuh & Jernigan. location: 0.99 acres
approximately 300 feet to the northwest of the intersection of Sunset Point Road and
Soule Road. Request: 1) land Use Plan Amendment from Institutional to Residential/Office
Limited; and 2) rezoning from I, Institutional District to 0, Office District. Case LUZ 00-03-
03
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The property owner requests approval to amend the Comprehensive Plan's Future
land Use Map from Institutional (I) to Residential/Office Limited (R/Ol) and to rezone from
the Institution (I) district to the Office 10) district for property 300 feet to the northwest of
the intersection of Sunset Point Road and Soule Road. The proposal is to rezone a portion
of the Elks lodge property that is vacant and being used for overflow parking to allow the
construction of an office. The proposed office development will include cross access with
the office development to the east. Issues related to site design will be addressed in the
development review phase and may require CDS approval. The proposed Residential/Office
limited Future land Use and Office zoning district is consistent with the City and
Countywide Plans, is compatible with the surrounding area, does not require or affect the
provision of public services, is compatible with the natural environment, and is consistent
with the development regulations of the City. Staff recommends approval of: 1) amending
the Future land Use Plan designation of the subject site from Institutional (I) to
Residential/Office Limited (R/Ol), and 2) amending the zoning district designation of the
subject site from Institutional (I) to Office {OJ.
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Keith Zayac, Post, Buckley, Schuh & Jernigan, said the property is being sold by the
Elks Club to be developed as a one-story office building. 'He agreed with staff's
recommendations and presentation. In response to a question, he said the office will be
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similar to the one directly to the southeast. Access to the office building will be from
Soule and Sunset Point Roads.
Member'Johnson moved based on the staff report and testimony at this public
hearing, that the CDS recommend to the Commission approval of Case LUZ 00-03-03; The
motion was duly seconded and carried unanimously.
lte'm C2 - Helistops Request: Amendment to the Community Development Code to permit
helistops in the LOR, Low Density Residential District, as a Flexible Development
. application. Case: Text Amendment TA 00-04-01 (Ordinance 6567-00)
, Senior Planner Gina Clayton stated the property owner at 800 S. Druid Road is
proposing amendments to the Community Development Code to permit helipads in the Low
Density Residential (LOR) Zoning District. The applicant is proposing that helipads be
permitted as a flexible development use as no provision exists in the Code to permit this
use. This would require helipads to be reviewed by the COB and a decision rendered only
after a public hearing. The applicant also proposes to add a definition of helipadto Section
8.102 Definitions. The proposed lot size is 40,000 square feet, required lot width 200 '
feet, and setbacks 50 feet from front, side, and reor property lines. Staff will use the
following criteria to evaluate applications: 1) The use is accessory to the use of the
principal building; 2) the use is compatible with adjacent uses. Compatibility shall be
evaluated by reviewing the location of the helipad and its relationship to existing and
approved principal residences; the nature of adjacent uses and the proposed he1ipad
operation schedule; 3) the use will not degrade the properties within the vicinity of the
property proposes for a he1ipad site; 4) proper dust control measures shall be provided; 5)
helipads shall be visually screened from abutting properties with a fence and landscape
materials no less than six feet in height; 61 any required approval of the Florida Department
of Transportation (FDOn and the Federal Aviation Administration (FAA) shall be submitted
prior to final approval of such helipad; 7) operations shall be restricted to one,departure and
one landing a day; 8) operations shall only be permitted between the hours of 8:00 a.m. to
6:00 p.m.; and 91 except for an emergency, the helicopter shall not be stored on the
property. In an emergency, the helicopter may remain on the site for the shortest time
reasonable given the weather and emergency conditions. Ms. Clayton said the applicant's
representative has suggested changes to these conditions as follows: 1 t Change Condition
114 to reflect that a paved area with minimum dimension of 50 feet by 100 feet be
provided; 2) change Condition #8 to reflect that no operations shall be permitted between
8:00 p.m. and 6:00 a.m.; and 3) access to the helipad be over the Gulf of Mexico or the
intracoastal waterway, which shall adjoin the property upon which the helipad is located.
The former Code permitted helipads/helistops in the Urban Centor District, not in the
Residential Zoning districts. The new Code has no provisions for this type of use. Ms.
Clayton said due to the beneficial rescue and business services helicopters can provide an
urban area, core communities are addressing the use of helipads, helistops, or heliports in
their land development codes. She said along with those beneficial services are safety
concerns and the negative impacts generated by helicopters such as noise and dust. Staff
conducted a survey of approximately thirteen communities that permit helistops. helipads,
OT heliports. The majority of the ordinances only permit he1ipads in nonresidential zoning
districts. Ms. Clayton reviewed decibel levels for various types of equipment and activities.
mcd0500
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She suggested consideration be given to these noise levels and the rattle and vibration
produced by helicopters. The City',s noise ordinance Is based on the loud and raucous
standard instead of decibel levels. Pinellas County and other area communities have
decibel limitations and impose restrictions on noise levels. Based on the negative impacts
of noise and dust, the safety concerns associated with flight patterns, and the compatibility
issues of hellpads in a predominantly built-out residential urban community, the proposed
amendments to the Code are not consistent with the goals of the Comprehensive Plan or
the Community Development Code. Staff recommends denial of Ordinance No. 6557-00.
'In response to a question, Ms. Clayton said the intent of Condition #9 is that the helicopter
be used for pick-ups or droppoffs only, or for emergency lIse. She said a time limitation
could be imposed. Although the applicant's property'is close to a hospital, the application
has nothing to do with the hospital. The ordinance would apply to all LOR zoned property
in the City.
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He said the applicant will ensure access to the helipad will be over the Gulf of Mexico or,
, the intracoastal waterway 'and the landing strip will be contiguous to the water. The area
to be used for a helipad is already walled and fenced. As Bay Flight flies to and from the
adjacent hospital regularly, he feels this request will not cause additional disruption to the
neighborhood. The applicant anticipates no more than, 52 flights per year. Mr. Johnson
said once the helicopter lands on the landing strip, the engine is cut down while unloading
passengers. The applicant has no intention to store or fuel the helicopter at the subject
site.
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Mr. Johnson said he wished he had known so many neighbors opposed the
,application. The applicant wishes to be a good neighbor and citizen.
Member Petersen moved based on the staff report and testimony at this public,
hearing, that the CDS recommend to the Commission denial of this application. The motion
was duly seconded and carried unanimously.
In response to a question, Mr. Stone said he was unsure if Code Enforcement or the
Police Department would enforce helipad landings.
The meeting recessed from 2:47 to 2:55 p.m.
Item C3 - 1721 Coachman Plaza Drive. Owner/Applicant: Superstar Tire Store of
Clearwater. Inc. Location: 0.66 acres on the east side of Coachman Plaza Drive, 250 feet
north of SR 590. Request: 1) Annexation of 0.66 acres to the City; 2) Land use Plan
Amendment from Residential/Office Retail (County) to Residential/Office/retail (Clearwater);
and 3) rezoning from CP-2. Commercial Parkway District (County) to C, Commercial District
(Clearwater). Case ANX OO~03-07
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The property owner requests annexation of 172,1 Coachman Plaza Drive to receive
sewer service. The applicant owns a lot that is already in the City and located immediately
adjacent to the south of the subject property. The applicant wants to bring all properties'
into the City so that the site can be more conveniently developed under the City's
Commercial (C) zoning district. The subject property will have a land use plan designation
of Residential/Office/Retail and is proposed to be zoned Commercial (CI. Upon annexation,
the applicant plans to construct a 2,616 square foot vehicle service building on the site
including a parking lot with 1 3 spaces (pending Flexible Development Application Case #FL
00~01-02). The annexation of the property will eliminate an existing enclave in this
subdivision. The applicant currently receives water from Pinellas County. The City will
, provide sewer service. The applicant is responsibte for all maintenance and physical
connection fees to the sanitary manhole on the upper northeast corner in close proximity to
this property. The applicant also is responsible for applicable impact fees, and utility
deposits, and costs to odxtend the line to the proposed structure. The proposed annexation
and proposed use is consistent with the City's Comprehensive Plan, the Countywide Plan,
the Community Development Code. and Florida law. Staff recommends approval of: 1)'
annexation of the property at 1721 Coachman Plaza Drive; 2} approval of the
Residential/Office/Retail plan category pursuant to the City's Comprehensive Plan; and 3)
approval of the Commercial (Cl zoning district pursuant to the City's Community
Development Code.
Rich Matassa, representative, stated the applicant agrees with staff's
recommendation.
Member Johnson moved based on the staff report and testimony at this public
hearing, that the COB recommend to the Commission approval of Case ANX, 00-03.07.
The motion was duly seconded and ,carried unanimously.
ITEM 0 - lEVEL TWO APPLICATIONS
Item 01 - 1717/1721 Coachman Plaza Drive. Owner/Applicant: Russel Burr. Location:
1.15 acres on the east side of Coachman Plaza Drive. 250 feet north of SR590. Zoning:
C, Commercial District lpending annexation). Request: Ftexible Development approval to
terminate the status of nonconformity. Proposed Use: Existing vehicte repair shop. Case
Fl 00-01-02.
The applicant requests Flexible Development approval to terminate the status of a
nonconforming use at 1717/1721 Coachman Plaza Drive. The portion of the parcel in the
City and the portion being considered for annexation is being used for servicing recreational
vehicles, which is not a permitted use in the Commercial District. The proposal includes
the addition of a 2,616 square foot, two-bay garage on the north lot for recreational repair.
Site improvements will include upgraded landscaping which exceeds the intent of the Code.
reconfiguration of the north parking lot, replacement of existing signs and fencing, rem~val
of outside storage, and provision of a dumpster enclosure. The applicant is proposing to '
move an existing use currently performed outside to an indoor location to reduce its impact
on adjacent neighbors. There is no proposed change in the business hours. The only
method to expand the use is to terminate the status of the site as a nonconformity. The
mcd0500
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proposal is in compliance with the standards and criteria for Flexible Development approval,
with the maximum development potential, and with all applicable standards of the
Community Development Code. Staff recommends approval of the application.
Rich Matassa, representative, concurred with staff's report and recommendation.
Member Gildersleeve moved based on the staff report and testimony at this public
hearing, that the COB recommend to the Commission approval of Case FL OO~01-02. The
fl"!otion was duly seconded and carried unanimously.
Item 02 - 18524 US19 North. Owner: Brad Baldwin. Aoplicant: Parsley Baldwin Realty.
Reprosentative: Bryan L. Zarlena8. Location: 3.11 acres on the west side of US19 North
and the south side of Nursery Road. Zoning: C, Commercial District and 0, Office District.
Request:' Flexible Development approval to reduce the required number of parking spaces
from 135 to 40 spaces, as a Comprehensive Infill Redevelopment Project. Proposed Use:
A 71 ,250 square foot mini-storage development. Case FL 00-03-09
The applicant requests Flexible Development approval to reduce the required number
of parking spaces from 135 to 40 spaces as a Comprehensive Infill Redevelopment Project
at 18524 US19N. The site fronts both Nursery Road and US19N. A'ssistant Planning'
Director Cynthia Hardin said a similar case previously went to the Commission but was
withdrawn by the applicant. The site'is undeveloped except for a 24-foot asphalt driveway
along the west and south property lines that provides access to adjacent properties. A 1 2-
foot access drive also exists along a portion of the east property line in connection with the
abutting commercial businesses. That drive will be maintained with this development to
provide access for adjacent properties to Nursery Road. A storm water retention basin
along the Nursery Road frontage will be modified with this proposal. The applicant is
proposing to develop a setf-storage establishment. The proposat includes three, one-story
buildings and two, two-story buildings totalling 71,250 square feet. Approximately 6000
units will be constructed. The single-story buildings will be 14 feet high and the two-story
buildings will be 25 feet high. Both types of buitdings will have flat roofs. The single-story
office building at the US19N entrance will include a terra cotta colored tile roof with a 5/12
pitch. A covered drive-through canopy will incorporate the same roof treatment. The
predominant color of the buildings wilt be tan and the accent color will be green. The
proposal includes the use of a six-foot aluminum fence along the southern portion of the
site at the entrances and between buildings. The overall development will be enclosed by
buildings and fencing. The tandscape plan proposed generally meets the intent of the
Code. Staff recommends some amendments including a tiered effect along the road
frontages and use of different property perimeter material (podocarpus of no Jess than 30
inches in height) along the west and east property lines. The applicant has not submitted
an application for signage. The applicant's request for reduced parking from 135 to 40
spaces includes documentation that a self-storage business of this size will have no more
than 10 cars on site at any time. Tho parking spaces will parallel the buildings. The
applicant has developed similar mini-warehouse projects in the region. The proposal is in
compliance with the standards and criteria for Flexible Development approvat for a self-
storage establishment, and with all applicable standards of the Community Development ,
Code. Staff recommends approvat of the Ftexible Development application with a reduction
mcd0500
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. 05/16/00
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in the required number of parking spaces from 135 to 40 spaces, subject to condItions: 1),
Proofof Unity of Title be submitted prior to the Issuance of any permits; 2) a revised
landscape plan that meets or exceeds the requirements of Code be submitted, subject to
staff approval, prior to the issuance of any permits, and 3) signage comply with Code. In
response to questions, Planner Mark Parry said the applicant will address architectural
details. Flat roofs will, be incorporated into the design of the buildings on the interior of the
development. The only building visible from US 19N will be the office, 'which will
Incorporate a pitched roof design.
Randy KranJec and Brian Zarlenga, Tampa Bay Engineering, concurred with the staff
report. Mr. Kranjec was surprised at the number of required parking spaces for a mini-
warehouse. He felt 40 spaces is more appropriate. The applicant adheres to the 20-foot
setback requirement and the 40~foot easement on US 19N. The property on the north has
, no dedicated easement; the property on the south has a 20-foot easement. The applicant ,
will adhere to the design elements suggested by staff. It was remarked that a blank wall
effect without landscaping is not aesthetically pleasing to neighbors. It was suggested that
although it is not a requireme'nt, the applicant consider incorporating fatse windows or
landscaping elements along the ,wall on the west side of the development. Mr. Zarlenga
said the applicant is willing to work with staff to find a solution to the proposed
architecture on the western portion of the development.
One person spoke in opposition to the project.
Frank C. Kunnen,' Jr., said he was the original developer and owner of the LeCher
development. He stated that a maintenance agreement included with the original site plan
when this property was originally development included a requirement for 12 parking
spaces along US19N and 4 parking space on Nursery Road. If the 16 spaces are
eliminated, the applicant would not meet the required number of parking ,spaces at the
development. In response to a question, Mr. Kunnen said he was unsure if the
maintenance agreement was recorded with the County. It was remarked that when the
property was sold, the parking spaces must have been sold as part of this parcel. Mr.
Stone said staff has no record of a previously approved site plan through another
jurisdiction.
Member Johnson moved to continue Case FL 00-03-09 to the June 20, 2000, CDB
meeting. The motion was duly seconded and carried unanimously. '
Item 03 - 860 Harbor Island. Owner/Applicant: Arthur and Jeanne Abbo. Representative:
Gerhard Boerner. Location: 0.25 acres on the west side of Harbor Island, approximately
3,000 feet north of Harbor Passage. Zoning: LMDR, low Medium Density Residential
District. Request: Fle~ible Development approval to reduce the required rear yard from 25
to 21 feet for a waterfront lot as a Residential Infill Project. Proposed Use: An existing
single-family house with a bedroom/study addition. Case FL 00-03-10.
, The applicants request Flexible Development approval to reduce the required rear
yard setback from 25 to 21 feet for a waterfront lot as a Residential lnfill Project at 860
Harbor Island. The lot has frontage on a watercourse that connects to the intracostal
mcd0500
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waterway. The site contains a 2,971 square foot, one-story, single-family dwelling built in
,1971. Most lots within this neighborhood have water frontage. Tho house is
approximately 40 feet from the rear property line. The pool enclosure is 25 feet from the
rear property line. The applicants propose to add a 495 square foot master bedroom/study
to the rear of the dwelling that will extend into the required rear setback by four feet. The
applicants will make other improvements including an addition to the front of the house,
new roofing, new French doors to the rear of the, house, and new exterior faQade
treatment. Code requires that waterfront properties within the LMDR District maintain a
25-fo01 rear setback except where the properties on either side have a 20-foot setback to '
preserve water views. Properties in the area have varying rear setbacks ranging from 15 to
40 feet. The adjacent properties to the north and south maintain a minimum of a 25-foot
rear setback. An eight-foot tall, Iigustrum (evergreen} hedge extends almost the entire
length of both sides of the subject property to the seawall. Views to the water have been
minimized because of existing landscaping and other amenities on adjacent sites including
pools and decks/patios. The proposal is in compliance with the standards and criteria for
Flexible Development approval, with the maximum development potential required of
Residential Infill projects, and wjth all applicable stan~ards of the Community Development
Code. Staff recommends approval of the Flexible Development application for expansion of
a single-family house with a reduction in rear setback from 25 to 21 feet, as a Residential
Infill Project, for property at 860 Harbor Island. In response to a question, Mr. Parry said
, the, neighbors' properties ,include a hedge and trees and t/:ley will not be able to see the
proposed addition. He was unsure of the number of similar applications that had been
submitted over the last five years. It was remarked that the former Code permitted
construction with a 10-foot waterfront setback. The new Code sets the rear setback at 25
feet. ' Adjacent neighbors have pools, decks, and patios within 5 feet of the seawall.
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Gerhard Boerner, representative, concurred with the staff report. He said numerous
homes in the area are closer to the waterfront than this proposed project. The property
values in the area require larger houses to be constructed in the area. The additional four
feet requested by applicant is required to increase the tiving space of the home.
Two letters of opposition to the application were received.
Me'mber Gildersleeve moved based on the staff report and testimony, at this public
hearing, that the COB recommend to the Commission approvat of Case FL 00-03-' O. The
motion was duly seconded. Upon the vote being taJeen. Chair Figurski and Members
Mazur, Gildersleeve, Johnson, Moran, and Petersen voted "aye"; Member Plisko voted
"nay". Motion carried.
ITEM- 3 - APPROVAL OF MINUTES OF PREVIOUS MEETING: Apri118, 2000
Member Petersen moved approval of the minutes of, regular meeting of April 18,
2000, as submitted in written summation to each Board membai. The motion was duly
seconded and carried unanimously.
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Item F1 - Ordinonco No 6548-00 - Schedule of Application Fees. Rates" and Charaes.,
Request:, An amendment to the schedule of fees, rates; and charges for level One, Level
Two, and Level Three applications. .
When the new Community Development Code was adopted, flexible standard
development and flexible development replaced several development applications including
certified site plans, variaryces, ;;Ind conditional uses. Since it was uncertain how staff~
intensive the review of these new types of development applications would be, no
adjustments were made to the application review fees. Fees charged over the last year
have been based on the most similar application in the existing schedule of fees. As part
of the six-month Code update, staff has performed a fee study. The purpose' of the study
was to determine fees for the new development applications, evaluate the existing fee
schedule to determine if it adequately represents development review costs, and determine
how the schedule relates to fe'es charged by area communities.
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Ms. Clayton reviewed existing and proposed development review fees for flexible
standard, flexible development, annexations, land use plan amendments, and rezonings.
The proposed amendment to Appendix A of the Code of Ordinances proposes to
restructure the existing schedule of fees by eliminating the existing fees and replacing them
with fees for Level One, level Two, and Level Three development applications. Based on
the findings of the fee study, the majority of fees do not adequately reflect the amount of
staff time required to review development applications. Staff is recommending approval of
Ordinance No. 6548-00 creating a new development revie,w fee structure reflecting the
proposed fees. In response to a question; Mr. Stone said no fees are proposed for the
NeighborhOOd Conservation Overlay District as the costs would be prohibitive. He said if a
,person makes a suggestion thot benefits the entire community, they must submit an
application to the City for the requested use, or the Commission could direct staff to
incorporate the suggested amendment to the Code. Discussion ensued regarding t~e fees
related to appeals to a hearing officer, Flexible Standard - Single Family/Two Family
Developments, and Flexible Development - Single/Two Family Developments. It was
suggested the fees for those areas were too high. Assistant City Attorney John Carassas
said there is a concern about how to collect costs after the fact from an applicant who
wins an appeal. It was suggested incorporating a provision in the Code to add a section
permitting an automatic annual increase of fees subje,ct to Commission approval.
Member Gilderstecve moved to recommend approval of Ordinance No. 6548-00 as
presented by staff to the Commission with the following changes: 11 the prevailing party
in an appeal case would not pay costs; 21 Flexible Standard - Single Family/Two Family
Development fees be changed to $200; and 3) Flexible Development Single/Two Family
Development fees remain at $450. The motion was duly seconded and carried
unanimously.
Item F2 - Update of annexation, land use plan amendment, and rezonina cases.
Ms. Hardin referred to an updated sheet of annexations, land use plan amendments,
and rezoning cases prepared by staff. She said staff will group plan amendments six times
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a year beginning in July 2000 in ordor to improve their review and .to send them to the PPC
(Pinellas Planning ColJnclU and (CPA (Countywide Planning Authority).
Item' F3 - Countvwlde Plan Evaluation
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'Larry Pflueger, Principal Planner with Pine lias Planning Council (PPC) said the PPC is
undertaking an update of the Countywide Plan and is seeking input from all Pinellas County
local governments. The Plan is a document designed to guide the planning efforts of
twenty-four loca! municipalities and the unincorporated. County and was devetoped by the
PPC in 1979. The Plan has not been substantively updated since that time. Mr. Pflueger
requested the CDS's input regarding improvements to the Plan, specifically regarding major
land uses for Pinellas County. Concern was expressed the timeframe for commercial land
use plans for major corridors is insufficient for the redevelopment/development taking place
in,the County. It was suggested the County focus on becoming more redevelopment-
, friendly. It was remarked there is insufficient higher density residential uses in certain
areas of the County. It was commented the best direction for a planning council may be to
focus on issues and develop macro solutions as opposed to a regulatory framework for
Countywide zoning. Mr. Pflueger said he has received feedback from various neighborhood
groups, indicating they prefer not to have more higher density units. He said the County' is
focusing on redevelopment. One concern is whether mobile home parks are viable land
uses for the future. In response to a question, Mr. Pflueger said he is unsure what can be
done about enclaves.
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Other Business
Discussion ensued regarding the CDB' 5 position regarding the downtown
redevelopment pion. Staff will invite the deGuardiola team to the next COB meeting.
It was suggested that staff devetop a checklist to ensure that all required elements
of an application is submitted to the Planning Department staff prior to bringing cases
before the CDS. Ms. Fierce said staff provides applicants a checklist. .
ITEM G - ADJOURNMENT
The meeting adjourned at 4:49 p.m.
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