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11/13/2001 (2) :.' ' ..... 'I.''':';' "':"'1" ,.~:.~., '.'\~. ..... '.'~.' .' ,....~... '."'" ....'. :.'j . ~.., ".' ;': :.~','" I""'~,'~." ~:,:' " ',.:' I.., ...~:: ,.;... .; ~ t " '- <+ ".t ~ . , v " , ' C.< " . ,,' '.. .', +':l~~" j.t~."'~.I:;.j'~ .;l'~ :>"~""':~"~ ':~""'."'r;:-'~ ,," ','( ,. ,', ,\' I. ;..~ '. f. '.". ] ". ...... 'I..~;'l" , C, , " ~,." ,. "l ~:,:.' .:-> CDB " '. ~ . , . .: ..:J-.. /' ~ '. '. Co~~'iJn.ity D~velopment Board' Me~ting . ,;' ..' MINUTES ' ' " .:~, c.. '{::': '!;'/ . I,''''", v: ;< ;~ " r;!. .: ri~fi .\.. , ~.:~ ,.,",i , '. .~.j " " '" " .-,} ~ " . ~ l' " ;',+' ., . ~.t: ~~ + . f';' ;f ~', ~ I ':\ .. I:' , , U./I3/0/ 'I I I " Date ""3 ,.., .r:, c.' ' . ., ~/: ,~4 '. ., ., ;. 'I . ~ ;{':. . . " ~ "." f: 'f.>:;'.,. " , , '. , " ,\ ' I' , .'" " " ", I. '.' ~ <:'J " .' . :~,I . .\ . .. 'I t ',. ), " ,,', ,,' .; " .:. " " ,.;; . .. ':lc>' I "\ .. .~'\, " : U ". " '.': " " " .; 5S'o I). ., oj. ......... ~ ,~~,... .. :.;'", .....:. '... I 'i ~t- ',J :1-"~. .~. 'f" "'" ~" :5 '. .. ! .1' . I. ~ ~ . . . " ... ACTION AGENDA COMMUNITY DEVELOPMENT BOARD MEETING. CITY OF CLEARWATER " November 1 3, 2001 , , , Meeting called to order at 2:04 p.m. at City Hall A. APPROVAL OF MINUTES OF PREVIOUS MEETING: October 16 and October 25, 2001 ACTION: APPROVED - 7:0 B. . CONSENT AGENDA ITEM~: (Items 1-3) ACTION: RECOMMENDED APPROVAL - 7:0, LESS ITEM B1. . 1. Case: AT A ANX 01-07-18 - 2684 N. Terrace Drive' - Level Three Application - Continued from October 16, 2001 Owner/Applicant: Pamela L. Rakes. Location: 0.32 acres on the north side of North Terrace Drive, approximately 240 feet south of Morningside Drive and 120 feet west of Evans Drive. Atlas Page: 264A. Request: (a) Annexation of 0.32 acres to the City of Clearwater; , (b) Land Use Plan amendment from RL, Residential Low (County) to RL, Residential , Low Classification (Clearwater); and (c) Rezoning from R-3, Residential Single Family District (County) to LMOR, Low , Medium Density Residential District (Clearwater). Proposed Use: Existing single-family dwelling. Presenter: Etim Udoh, Senior Planner. ACTION: DISCUSSION; RECOMMENDED APPROVAL -:- 7:0 2. Case: ANX 01-09-27 - 1262 Brookside Drive - , Level Three Application - Owner/Applicant: Eric M. Zebley & Calista Z. Zebley. . ' Location: 0.24 acres on the west side of Brookside Drive, approximately 110 feet south of Lakeview Road. , Atlas Page:'308A. ~equest: (a) Annexation of 0.24 acres to the City of Clearwater; (b)' Land Use Plan amendment from RL, Residential Low (County) to RL, Residential , Low Classification (Clearwater); and (c) Rezoning from R-3, Residential Single Family District (County) to LMDR, Low Medium Density Residential DIstrict (Clearwater). ' Proposed Use: Existing single-family dwelling. Presenter: Etim Udoh, Senior ~Ianner. AND. acd1101 1 11/13/01 ...._.. c" ......., .'1.'1 ...~ T ,.: ," > . ;. .~~.. ~ I ... ; ., .~. 1'- :~. t.", ". : c, ~ +~) , . ;." :....}:' :~l': ,-' C I I ~ ' ", ~' r~I::'~ . 1 , ' " " , '"(;) t!C,d;} ~ 'c " ,'::...," '. ,. :-", . ' '. , ~, .' 3. , Case: LUZ 01 ~07-19 - 807 Jeffords Street - Level Three Application C Owner/Applicant: Edsel D. HargIs & Vicki A. Hargis. Location: 0.17 acres on the south side of Jeffords Street. approximately 110 feet east of Myrtle Avenue and 150 feet north of Grand Central Street. ' Atlas Page: 306A. Request: a) Land Us~ Plan amendment from Residential/Office General (R/OG) to Residential '. " Urban Classification (RU); and (8) Rezoning from 0, Office District to MDR, Medium Density Residential District. " (b)' Proposed Use: Existing light manufacturing establishment. Presenter: Etim Udoh, Senior Planner. ACTION: RECOMMENDED APPROVAL OF CASES 82 AND 83 - 7:0 ,C. ' NON-CONSENT AGENDA ITEMS: (Items 1-4) 1. Case: A T A ANX 01-07-17 - 2678 N. Terrace Drive Level Three Application - . Co~tinued from October 16, 2001 meeting Owner/Applicant: Alicia 'A. Medeiros. Location: 0.21 acres on the north side of North Terrace Drive, approximately 240 feet south of Morningside Driv:e. Atlas Page: 264A. , Request; (a) Annexation of 0.21 acres to the City of Clearwater; (b) Land Use Plan amendment from RL, Residential Low (County) to RL, Residential Low Classification (Clearwater); and (c) Rezoning from R-3.' Residential Single Family District ICounty)to LMDR, Low Medium Density Residential District IClearwater). Proposed Use: Existing Single.family dwelling. Presenter: Etim Udoh, Senior Planner. 'I ACTION: RECOMMENDED APPROVAL - 7:0. 2. Case: Amendment to Beach by Design Special Area Plan Level Three Application Applicant: City of Clearwater, Planning Department Request: ' Amendments to the Beach by Design Marina Residential District provisions regarding land consolidation, height, and City incentive options and the Design Guidelines regarding height in that district. Presenter: Gina L. Clayton, Long Range Planning Manager. , ACTION: RECOMMENDED APPROVAL - 6:0. MAZUR AND HOOPER ABSTAINED. acd1101 11/13/01 2 I. ill...' _\: - 'J. ..:....'~~: :.. .fu.......'...~. .~......;,......':.. ,e>: ...'....,,'.. '.' 'j., '~.....~..'..'.t:_::,.....i:. ~ . .. c-, \.) .. 3. Case:,:~01~09-03 - 501 Mandalay Avenue - Level Three Application OwnerfAppllcant: Greenmack Clearwater, lLC. Representative: E.D. Armstrong III, Esquire. ,location: 6.164 acres on the northeast corner of Baymont Street and Mandalay Avenue. Atlas Page: 267 A and 258A. Request: Rezoning from MHDR, Medium High Density Residential District to HDR, High Density Residential District. Proposed Use: Multi-family Residential. Presenter:. Gina L. Clayton, long Range Planning Manager. ACTION: RECOMMENDED APPROVAL - 6:0. MAZUR AND HOOPER ABSTAINED. ' 4. Case: FL-09-09-31 - 501 Mandalay Avenue Level Two Application 'Applicant: Greenmack Clearwater, LlC. location: 6.164 acres on the northeast corner of Mandalay Avenue and Baymont Street. Atlas Page: 267 A and 258A. Zoning: HDR, High Density Residential District (Pending approval of a companion rezoning application Z 01-09-03). , Request: . Flexible Development approval to increase the number of dwelling units from 184 to 200 units as part of a Termination of Status on Nonconformity; increase the permitted height of the northern building (North Villa) from 30 to 130, feet; increase the permitted height of the southern building (Midrise VilIal from 30 to . , 99 feet; reduce the side (eastl setback from 15 to zero feet to pavement; reduce the front (west) setbacl< along Mandalay Avenue from 25 feet to zero feet to pavement; reduce the side (north) setback from 15 to zero feet to pavement, within the HDR,'High Density Residential District (proposed), as part of a Residentiallnfill Project. Proposed Use: A 200~unit condominium project including a 130-foot building, 99- foot building with 25-35 foot townhomes/courtyard homes and amenities. Presenter: Mary T. Parry; Planner. Applicable conditions: The companion Beach by Design Special, Area Plan and rezoning amendments be approved by the City Commission; 2) the density be limited to 200 dwellings units; 3) a contribution to a future parking garage in the a~ea be made, as determined by the City Commission; 4) the streetscape improvements along Baymont Street and Mandalay Avenue be installed within 2 phases: 'Phase One includes the area along Mandalay Avenue north of the entrance of the site, to be completed prior to the issuance of the last Certificate of Occupancy for the North Villa; Phase Two includes the Baymont Street frontage and the balance of Mandalay Avenue lsouth of the entrance), to be installed prior to the issuance of the last Certificate of Occupancy of the Midrise Villa; 5) the final design of the buildings be consistent with the conceptual elevations submitted or as modified by the COB; 61 solid waste and stormwater management requirements to be met, prior to issuance of building permits; 7) a setback reduction for all structures including swimming pools, spas and pavement along the seawall be secured through application to the Board of Adjustment and Appeal for Building and . Flood, as necessary, prior to issuance of building permits; 8) all signage comply with acd1101 3 11/13/01 ..," , ....., , . ',.',.,. "',' I' l. , " :.. " ., ,\ I, I I ,1 ' ."., . :i' ".' ~, 1s;;;;,:m;":,;',i,~~';~{~,~r;';", :,(: '::',',', ',' . I, . .; -I , " , ' . . ': :,',. , I', , " . , '" F . ~/" ~ " ,1/; > ~, . "\ .,",'J" >, ; '.' f~ . I" . , Code;, and 9) any future dock request meet Code requirements'including review by COB Ulider a sep~rat~' application. ' .,~ " ' .. , i. ." , .. '". .~', :;.; ,', , I, ACTION: ' APPROVED ,WITH CONDITIONS 1-9 - 6:0. MAZUR AND HOOPER ABSTAINED. D. DIRECTOR'S ITEMS: Addition to expert witness list - Wayne Wellst Senior Planner ' , ./ . , " ACTION: ' , , ACCEPTED AS EXPERT STAFF WITNESS IN THE FIELDS OF GENERAL PLANNING, ZONING, SITE PLAN ANALYSIS, 'AND , , CODE ADMINISTRATION. ,,' ft":",, ,.', ,'.: '. ~.j ~." ~. \. \~. . '" ' ,OTHER BUSINESS , " , qHRISTMAS LUNCHEON ON DECEMBER 11, 2001 IS AT 12:00 P.M. AT , HARBORVIEW CENTER. GIFTS FOR EVERYBODytS TABERNACLE ARE TO . BE UNWRAPPED. " KUDOS TO STAFF FOR CONTINUOUS JOB WELL DONE. , E.' ADJOURNMENT: - 2:52 P.M; ,'I -, .,. ~:'.i: '@ " I:,", .j.' ." ,'< : \', , . < ~ I ~ , ; I ' ., , > , . ",' ..' , . " , " I ' " " ' , , " I. .' ' .', d . . j + , " . .' , ' , " o .1 I, ,">, .. t , .'>, ,'<i' < 1 'acd1101 4 11/13/01 ",. " . ~. '-' .' ~~;;~;f,:., : 'j \ , 1..,< . ,"' \ \., ..1 < , . ','.' .'. ~:~'..'."r'...~ \:::.' ~:'. ~"':~.""'I"~' > ,~.."'. ~.'.' ''';'~'I:':' :~':"~'/..".I.",-:'l'-'",',,,'/":';": ....,.'.......:...;,. . ',j.: . . ,;~ FORM 88 MEMORANDUM OF VOTING CONFLICT FOR . COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME- HR!\T 1'\,\ME-MIUOLE NAME t::~\N D, COUNTY o COUNTY 0 OTHER LOCAl. AGENCY ~~ LV..TE OS WIlICH VOlE OCCURRED \-\.~,\. \3 2..(:)tl \ ~ ~'<<'.t\'\ \.~~\ (\ N o ELECTIVE \eJ-;;"pPOI NTl\'E WHO MUST FILE FORM 88 This form is for use by any person serving allhe county, city, or Olher local level of government on an appointed or electcd board. council, com mission, authority, or commiuec. It applies equally 10 members of advisory and non.advisory bodies who are presented with a voting conniel of interest under Section 112.3143. Florida Stalutes. ' ''bur responsibilit ies under l he law when faced with a measure in which you have a connict of interest will vary greatly depending on whether you hold an elective or appointive position, For this reason, pleasc pay close attention to thc instructions on this form before complcling the reverse side and filing the form. ' CE FORM 18 "10.91 I'AGE l INSTRUCTIONS FOR COMPLIANCE WJTH SECTION 112.3143,FLORJDA STATUTES ,-~,"t:~ person holding elective or appointive county, municipal, or other local public office M UST ABSTAIN from voting on OJ measure \ ":~J'f'. hich inures to his special private gain. Each elected or appointed local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained (including the parent organization or subsidiary of a corporate principal by which he is retained); to the special private gain of a relative; or to the special private gain of a business associate. Commissioners of communilY redevelopment agencies under Sec. 163.356 or 163.357. F.S.. and officers of independent specialt3x districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, ;) "relative" includes only the officer's father. mother, son, daughter, husband, wife, father-in~law, mother-in- law, son-in-law, and daughter-in~law. A "business associate'" means any person or entity engaged in or carrying on D business enterprise with the officer as a partner, joint venturer, coowner of property. or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above. you must disclose the connict: PRIOR TO THE VOTE BEING TAKEN by publicly Slating to the assembly the nalure of your intereSl in the measure on which you are abstaining from voting; and WITHIN IS DAYS AFTER THE VOTE OCCURS by completing and filing this form wilh the person responsible for recording the minules of lhe meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain (rorn voting in the situations described above. you otherwise may panicipale in these matters. However, you 'must disclose the nature of the connict before making any allemptto innuc:nce the decision, whether orally or in wriling and . whelher made by you or at your direclion. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE-VOTE WLL BE TAKEN: . You 'must complele and file this {arm (before making any aHempt 10 influence the decision) with the person responsible for . ":~recording the minutes of the meeting. who will incorporate the form in the minutes. 'ftS'f A copy of the form must be provided immediately to the other members of the agency. . The form must be read publicly at the next meeting after the form is filed. ,. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DEcisION EXCEPT BY DISCUSSION AT THE MEETING: · You must disclose orally the nature of your connict in the measure before participating. · You must complete the form and file it within IS days after the vote occurs with tpe person respon'sible for recording the minutes of the m=ting. who must incorporate the form in the minutes. A copy of,the form must be provided immediately to th~her members of the agency, and the form must be read publicly al the next meeting aflcr Ihe form is filcd. ' r'~~ , , , . I, ~~ \>.~\.\~ DISCLOSURE OF LOCAL OFFICER'S INTEREST \-\.'l. \3. ,~~L: , hereby disclose that on (a) A measure came or wilJ come before my agency which (check one) 0nured to my special pri~ale gain; - inurt:d to t~e special gain of my business associate, _ inured t.o the special gain of my relalive, _ inured to the special ga,in of whom I am retained; or _ inured 10 the special gain of , is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: "\I:s\i "\'Il ~",~b I ~,.l~/ \""''' ~~pll"\l( \'>. ~\..,~\~~ ~~~~~'t.~. :L ~~ ~~\~~ ~~ ~ ~~~\}.\\~ \) ~.~~. , . 1'\)~ , ,-t... \:>t,.:\~~"-(L ~~~~ --\~"'- ~~~ C')~'\$> l-L~ ~\ $:>~\$ 1 ~""" ~ ~~R.. I by , which .. ,r;\ i , I '\ 'l<~::. ( :"\\\ \3$)\ . Date Filed \ \. \. ~-" - --- . .-..~ ~-~\ Signature --.,. --- ' NOTICE: UNDERPROVrSrONS OF FLORrDA STATUTES ~1l2,317 (/99/). A FAllURE,TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY'BE PUNISHED BY ONE OR MORE OF TUE FOLLO"~ 'IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT. DEMOTION, REDUCTIC SAlAR Y, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. ,CE fORM 80.10.91 .'1', . ,-:< .. MOl! 2 (a) A measure came or will come before my agency which (check one) 0nured to my special private gain; . ~. inured to the special gain of my business associate, _ inured to the special gain of my relative, _ inured to the special gain of , whom ,I am retained; or _ ,inured to the special gain of , is the parent ,orgar~ization or subsidiary of a principal which has retained 'me. (b) The measure be~orc my agency and the nature of my conflicting interest in the measure is as follows: '\""i . "{~. ~"'~D ,\<iz.!:I~\O./ ~,,~ ~~p~-.lt: i>- ~\~~,~\ ~~\"'~';y\, :1.. ~'" ~,"'Q:> \"~ \'> \.Jl\":\~$.~td- ~\\\(\. '\''i'-t.- \:>t.)..A.~~~(L ~~%~ --\~~ ~~~ CO~'\~ l-L~ tl\ \>:>~\$ 1. ~"" ,~ ~~\l..,' ~. by " , IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DEdsION EXCEPT BY DISCUSSION ATTHE MEETINO: ., You must disclose orally the nature of your connict in the measure before participating. · You must complete the form and file it within IS days after the vote occurs v.ith (pe person responsible for recording the minules of the meeting. who must incorporate the form in the minutes. A copy of the form must be provided immediately to thC'/~.her members of the agency, and the form must be read publicly althe next meeting after the form is filed. t DISCLOSURE OF LOCAL OFFICER'S INTEREST I. ~~ \>. ~\.\~~ . hereby disclose that on ~~'l. \3. ."l9~: , which . \\\ \:3\ () \ Date' Filed \ \ \ ~t:- ' '" ......... '. ), '" " .-/ .~'] '-..,_ '- .:s----..., Signature " " -'--... NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES G112.317 (1991), A FAILURE TO MAKE ANY REQUmE~ DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOW"''': IMPEACHMENT,REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION. REDUCflO: SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED S5,OOO. CE FORM 8B ~ 10.9t MOl! 1 FORM '88 MEMORANDUM OF VOTING CONFLICT FOR ~OUNTY, MU~ICIPAL, AND OTHER LOCAL PUBLIC OFFICERS ,j -=r y ~f (2~,. c- o <:ouwry o OTHER LOe...'. AGENCY NAME OF I'OUTICAL SUBDIVISION: JrN~ r M V posmON IS: [] ELEctiVE WHO MUST FILE FORM 88 This form is (or use by any person serving at the county, city, or olher local level of government on an appointed or elected boardt council, commission, authority, or commitlee. It applies equally !o members of advisory and non.advisory bodies who are presented with a voting connic! of interest under Section 112,3143, Florida'Statutes. ' , Your responsibilities under the law when faced with a measure in which you have a connie! of interest will vary greatly depending on whether you hold an elective or appoimive position. For this reason, please pay close attenlion lO the instructions on this form before completing the reverse side and filing the form. CE FORM 118.10.91 I'AGE I INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES "''''''<A person holding elective or appointive county, municipal. or other local public office MUST ABSTAIN from voting on a measure "', ,;.,J,\'hich inures to his special private gain. Each eleCled Or appointed local officer also is prohibited from knowingly voting on a measure which inures 10 the special gain of a principal (other than a government agency) by whom he is retained (including the parent organilBtion or subsidiary of a corporate principal by which he is retained); to Ihe special private gain of a relative; or to the special private gain of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F,S., and orficers of independent special tax districts eJected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughler, husband, wife, falher-in-law, molher-in- law, son.in-Iaw. and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enlerprise with the oflicer as a partner, joint venturer, coowner of property. or corporate shareholder (where the shares of the corpomtion are not lis led on an)' national or regional stock exchnnge). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the connict: PRIOR TO THE VOTE BEING TAKEN by publicly stilling to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the mi~utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these mUliers. However, you must disclose the nature of the connic! before making any attempl to innuence the decision. whether orally or in writing and whether made by YOll or at your direction. IF YOU INTEND TO MAKE ANY ATIEMPT TO INFLUENCE THE DECISION PRJOR TO THE MEETING AT WHICH THE VOTE WLL BE TAKEN: , . You must complete and liIe this form (before making any allempt to innuence the decision) wilh the person responsible for recording the minutes of the meeting, who will incorporate lhe form in the minutes. A copy' of the form must be provided immediately to the other members of the agency. . The form must be read publicly at the next meeting aCter the form is filed. .t,:':" ' . '..".' '.~-. I,' ".' , ~:t.l:. '.~ :' ~ '.. ,:". ........ ..... -,..: .. ...../...:. ,"\ .' ". .'.: :'''... ; ". ..., : . '"-110.. I' '.~" . .' _. ~ : ..-.' :.... ".'.'.' :.' I." .~ ,-, c! , . IF YOU MAKE NO ATIEMPTTO INFLUENCE THE DEd~ION EXCEPT BY DISCUSSION ATTHE MEETING: ., You mus~diselosc orally the nature of your conniet in the mChsure before participating. · You must complele the form and file it within IS days ,afler the VOle occurs with l~e person responsible for recording the minules of the meeting, who must incorporate the form in the minules. A copy of the form musl be provided imm'cdiately toth~~er members of the agency, and the form must be read publicly at the neXI meeting aflcr the form is liIed. "..., ". ,', ) I. ~A')ijV- (a) ,A measure came or will come berore my agency which (check one) _ inured to my special private gain; __ in'un:d to the special gain of my business associate. - inured to the special gain of my relative. LL.C ~ inured to the special gain of 1V"t!...... ('\ Ylr\a..~ I' J~,'-r P'", f-r.-.>v- whom] am retained; or c . '~ inured 10 the special gain of " is lhe parent organization or subsidiary of a pnncipal,which has retained me. (b) The measure berore my agency and the nature; of my conflicting interest in t~e measure is as follows: DISCLOSURE OF LOCAL OFFICER'S INTEREST If /13t/& / . I . ! \ " ~ . hereby disclose that on . by . which I,.., : M.JlA-n I F lo,;JriL kGI'J 11 CO;'5il J h" t$ 15 +tv- Cc '" $~;/ -k~-,1- to r- 1(' ee nl"".w"-/:- r:.k<<j"".~ LL L- , ." .,W~) t.... .,.;,' :}:'fu..-.,f. ~ 2, c. 3 ~ c;t/ - 'v: ~/. Date Filed I , ' . NOTICE: UNDER PROVISIONS OF, FLORIDA STATUTES 9112,317 (1991) FAILURE TO MAKE ANY REQUIRED DJSCLOS'URE CONSTITUTES GROUNDS F~R AND MAYBE PUNISHED BY ONE OR MORE OF THE FOLLOWi.:.J: IM.PEACHMENT. REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION. REDUCnO~J SALARY. REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED SS,OOO. CE FORM 88.10.91 PAGE: IF'YOU ~iAKE NO ATTEMPT TO INFLUENCE THE DEcisION EXCEPT BY DISCUSSION AT THE MEETING: , You must disclose orally the nature of )'ourconnict in the measure before participating. · You must complete the form and file it within IS days aftcr the vote occurs with tJ'1e person responsible for r~ording the minutes of the mcctins. who must incorporate the form in the minutes, A copy of the form must be provided i~medintely to thre -m!'cr members of the agency, and the form must be rend publicly at the next meeting after the form is filed. , ' I. D )I/~'? I.lV~~ ./ (a) A measure came or will come before my agency which (check one) - inured to my spe'cial private gain; - inured to the special gain of my business associate. - inured to the special gain of my relativc. -A in~red to the special gain of 9tf"L/ f' .,.,....a.d:- . d!.o:-t. ,.,' f,.~'r LL.C whom 1 am retained; or - inured to the special gain of is the parent organilation or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: . DISCLOSURE OF LOCAL OFFICER'S INTEREST . here'by disclose that on If /1 ~/& I ~ . by . which M.'J c.-.t",{5 I f L-; " d.-L);u", ~ n C,1, 5" J -h ., is 15 +Cv- en '" ~V I-k.~r- to y- - 1 Ne n/>'l..i/--!C cfi./':'M- '"':t:-, (.t.., C- \ t::f~> ~ 2, t:.3~' Ctj - , " '00/ Date Flied I ',NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~112.317 (1991) FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOW'.'~: ' IMPEACHMENT; REMOVAL OR SUSPENSION FROM ,OFFICE OR EMPLOYMENT. DEMOTION. REDUCnO.. ,J SALARY: REPRIMAND; OR A CIVIL PENALTY NOT TO EXCEED S5,OOO. Cf FORM aD. 10.91 PAGE: .. ~ '. I "'. : .~..'. . '. ,~: . ~. . I ~. . ~ . :.; .... . ~., ". I.." ',' ~ ", I . "" ~ '. :' ~: : .:' 4" '. ........: ,I. .1' r. ~ . . ~ '. ; . ,: 0': . . ',t .':1 . ::.',. . ~" ", . .' ~ ~. .~. I'. .~.:' .... :;,....... i " ~ .'.'.. ~~ ~ :< , , ,::). ,"', v COMMUNITY DEVELOPMENT BOAno MEETING CITY OF CLEARWATER November 13, 2001 Present: Gerald Figurski Carlen A. Petersen David Gildersleeve Edward Mazur, Jr. Shirley Moran Alex Plisko Ed Hooper Frank Hibbard Chair Vice Chair Board Member Board Member Board Member Board Member Board Member Alternate Board Member:, (non-voting) , , Also Present: Leslie Dougall-Sides Cynthia Tarapani Lisa L. Fierce Gina Clayton Brenda Moses Assistant City Attorney Planning Director Assistant Planning Director Long Range Planning Manager. Board Reporter .The Chair called the meeting to, order at 2:04 p.m. at City Hall, followed by the Invocation and Pledge of Allegiance. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. A. APPROVAL OF MINUTES OF PREVIOUS MEETING: October 16, 2001 Member Petersen moved to approve the minutes of the regular meeting of October 16, 2001, as submitted in written summation to each board member. The . motion was duly seconded and carried unanimously. Member Petersen moved to approve the minutes of the special meeting of October 25, 2001, as submitted in written summation to each board member. The motion was duly seconded and carried ur ,animously. B. CONSENT AGENDA rrEMS: (Items 1-3). The following cases are not contested by the applicant, staff, neighboring property owners, etc. and will be approved by a single vote at the beginning of the meeting. 1. Case: ATA ANX 01-07-18 - 2684 N. Terrace Drive Level Three Application - Continued from 10/16/01 meeting OwneriAppllcant: Pamela L. Rakes. Location: 0.32 acres on the north side of North Terrace Drive, approximately 240 feet south of Morningside Drive and 120 feet west of Evans Drive. Atlas Page: 264A. Request: . (a) Annexation of 0,,32 acres to the City of Clearwater; mcd1101 1 11/13/01 . " 4}}~J;:~~'f:,,;r;.~ill';:T"/r..' ~:~;:'~)'~.L.' '~~:. ,'..;.....~,~'i.~'..:l .' '. I, . . .,>l;, '\<+:: ,:;-:,_~,~':"'~:;.k~~:C.C'c:,4.:"t':':.C~:~'~;.':': .c.)....,,;,' ~~. '~"";'. '" ," . .+.' c . 'I,',' , \ . c~.. ...~: > IL~:~;r' H'!I:~.!,:i:i'.' ",:~'.+~":: ,'._ ..".' ...:.0,.....,... .'~: .... .' t..f'.,' ..,.,: "'~:." "',-~ .~.,: .'" ,...:.....1..;.../.. ~....._;:'_.;..:....~~ .:..:;..!:.':...... .~I,; .~..:..........~~ , '..\ , \ '" " " OJ ,"), (b) Land Use Plan amendment from RL, Residential Low (County) to RL, Residential Low Classification (Clearwater); and (c) Rezoning from R-3, Residential Single Family District (County) to LMDR, low Medium Density Residential District (Clearwaterl. ' Proposed Use: Existing single-family dwelling. Presenter: Etim S. Udoh, Senior Planner. , The City of Clearwater is initiating this annexation request at 2684 North Terrace Drive to bring this property into its jurisdiction in compliance with the terms and conditions established in the Agreement to Annex of December 1, 1983. The City has been providing sewer service to the subject property since December 1,. 1983, and capacity continues to be available for this utility. Therefore the proposed annexation of this property will not affect the provision of public facilities. The proposed annexation and the existing,use are consistent with both the City's Comprehensive Plan and the Countywide Plan both with regard to the Future land Use Map as well a's goals and policies. The existing and future use of this site as a single family home is consistent with the LMDR zoning district. ~ ~: , The proposed annexation is consistent with Florida law regarding municipal '. annexation through its adjacency with existing City boundaries and is compact in concentration. The current property owner has already patd the required '$200.00 recreation impact fee' that is required to be paid prior to the adoption of the ' associated ordinances. \ ~, ' I"',r~,\. -.....pI Based on the above analysis, the Planning Department recommends' approval. Member Hooper moved to recommend approval of Case AT A ANX 0 1 ~07 -18. , , The motion was duly seconded and carried unanimously. " 2. ,Case: ANX 01-09-27 - 1262 Brookside Drive Level Three Application Owners/Applicants: Eric M. Zebley & Calista A. Zebley. Location: 0.24 acres 011 the west side of Brookside Road, approximately 110 feet south of north of Lakeview Road. Atlas Page: 30BA. Request: (a) Annexation of 0.24 acres to the City of Clearwater; (b) Land use Plan amendment from RLI Residential Low (County) ,to RL, Residential Low Classification (City of Clearwater); and (c) Rezoni~g from R-3, Residential Single Family District (Countyl to LMDRI , Low Medium Density Residential District (Clearwater). Proposed Use: Existing single-family dwelling. Presenter: Etim S. Udohl Senior Planner. d The proposed annexation at 1 262 Brookside Drive can be served by City of Clearwater, services, including sewer, saUd waste, police I fire and emergency . medical services without any adverse effect on 'the service level. ,The applicants have paid the appllca~le sewer impact fee of $900.00 and ar~ also aware of the . , mcd1101 2 11/13/01 --:-...~,~.,o i.t I \tlt~t~;>n'~'l. :,~ I ~ ~ ~tt!' ':'.0. ~. ~ ~ 1:,~'c~".~::<. .'r: > c'" . < .c "1' <I . ..~:p.' ..\ . L >. : l', "! :,01 . '~',~;~I,C"~:L' "-~;::~T ,'.J','" ,. '.,' ~ ... I , Jo\.. . ~,', T, '1 .additional cost to connect the property to the City sewer system. ~ The proposed annexation and existing use are consistent with both the City's Comprehensive Plan and the Countywide Plan both with regard to the Future land Use Map as well as goals and policies. The existing and future use of this site as a single family home is consistent with the lMDR zoning district. Finally, the proposed annexation is consistent with Florida law regarding municipal annexation through its adjacency with existing City boundaries and is compact in ' concentration. " . , Based on the above analysis, the Planning Department recommends approval. AND 3. Case: lUZ 01-09-07 - 807 Jeffords Street Level Three Application Owner/Applicant: Edse/ D. Hargis & Vicki A. Hargis. Location: 0.17 acres on the south side of Jeffords Street, approximately 110 feet east of Myrtle Avenue and 150 feet north of Grand Central Street. Atlas Page: 306A. Request: , '(a) Land use Plan amendment from Residential/Office General (R/OG) to Residential Urban Classification, (RU); and' (b) Rezoning from 0, Office District to MDR, Medium Density Residential District. . Proposed Use: Existing single family dwelling. ,Presenter: Etim S. Udoh, Senior Planner. " I,,",", [ ,', ) " '-<r...J An amendment to the Future Land Use Plan from Residential/Office General to Residential Urban and a rezoning from Office (01 zoning' district to the Medium Density Residential (MDR) zoning district for the subject property is necessary to bring ~hjs existing non-conforming residential use into conformity with the Community Development Code. The proposed amendment is compatible with the existing uses in the area. The immediate surrounding properties are predominately residential. The proposed rezoning and land use plan amendment will enhance the red~velopment' of this site, which will result in increasing property values and attractiveness of the ,area. The amendment is consistent' with and furthers the goals, policies and objectives of the Community Development Code to promote infill development. The proposed Residential Urban (RU) Future Land Use classification and the Medium Density Residential (MDR) zoning district at 807 Jeffords, Street is consistent with both the City and the Countywide Comprehensive Plans, is compatible with the surrounding area, does' not affect the provision at-public services, is compatible with the natural environment and ,is c'onslstent with the . development regulations of the City.. The Planning Deportment recommends U approval. 'mc'd1,101 '3 11/13/01 i c .~ i.~,. l' .. ~ t. L .'. . .' . I" ',. , , ..' ~. ~. t ~ :" "' ~ " .' o. . ~ .~, .\ .' " ., " .. : , " ,:', , '. (, \ '. '. , \ .' " '. .. ( i' ,I ; .. .' " ',. " " - .', ','. r ',. .~ ~ . " , , . ~ . Member Gildersleeve moved to recommend approval of Consent Agenda Items 82 and 83, Cases ANX 01-09-27, and LUZ 01-09-07. The motion was d,uly seconded and carried unanimously. C. NON-CONSENT AGENDA ITEMS (Items 1-4): 1. Case: ATA ANX 01-07-17 - 2678 N. Terrace Drive Level Three Application - Continued from 10/16/01 meeting ; Owner/Applicant: Alicia A. Medeiros Location:'O.21 acres on the north side of North Terrace Drive; approximately 240 feet south of Morningside Drive. Atlas Page: 264A. Request: . la) Annexation of 0.21 acres to the City of Clearwater; , Ib) Land Use Plan amendment from RL, Residential Low (County!' to RL, Residential Low Classification (Clearwater); and (c) Rezoning from R-3, Residential Single Family District (County) to LMDR, Low Medium Density Residential District (Clearwater). , Proposed Use: Existing single.family dwelling. Presenter: Etim S. Udoh, Senior Planner. , ' , '. J':;;:~~ t. .'.. > -w.'r,.'~, The City of Clearw~ter is initiating this annexation request at 2678 North Terrace Drive, on the north side of North Terrace Drive, approximately 240 feet south of Morningside Drive to bring this property into its jurisdiction in compliance with the terms and conditions established in the Agreement to Annex qf October "8, 1996. The City has been providing sewer se'rvice to the subject property since October 18,,1996 and capacity continues to be available for this utility. Therefore the proposed annexation of this property will not affect the provision of public facilities. The proposed ,annexation and the existing use are consistent with' both the City's Comprehensive Plan and the Countywide Plan both with regard to the Future Land Use Map as well as goals and policies. The existing and future use of this site as a single family home is consistent with the LMDR zoning district. Finally, the proposed annexation is consistent with Florida law regarding municipal annexation through its adjacency with existing City boundaries and is compact in. concentration. Based on the above analysis, th~ Planning Department recommends approval. Long Range Planning Manager Gina Clayton said this case had been continued to today's meeting due to the applicant's concerns regarding how a ditch improvement being done by the County would affect her property. /" '1 ~ , Assistant Director of Engineering/PD&E Tom Miller said staff met with the Pinellas County drainage and stormwater, staff regarding the ditch project. The project involves improvements behind some residents' homes that are being considered for annexation. After hearing residents' concerns, the County has mcd1101 4 11/13/01 . . I' .... ~ '". ~ :. . ";'., -.! .:..; ~ . .' : -,.I, .~",. 'J ~ ,. 'I' _ 'l' 'J:"j ......;; .'!. ~I </. " :. ~ , .' ' . ~' I. ,:) " , ,'~ '~ , , , '~/~::.:;.'J:<~': j" ~. requested the City postpone the decision to annex these properties untll they take a closer look at the area. In response to a question, Mr. Miller said he felt 2 weeks would give the County sufficient time to make a determination of the project. It was suggested the COB (Community Development Board) could proceed with the annexation approval today and ample time for the County's determination would take place between first and second reading of the annexation by the City Commission. Alicia A. Medeiros, affected property owner, said she is opposed to the annexation. She said she spoke to County staff who indicated they thought only 2 or 3 homes were being annexed into the City. She said there are a minimum of 4 ,houses in this area being considered for annexation. She said all the houses in the area are on septic tanks and will want to obtain City sewer service, therefore more annexations would take place. Her concern is that residents along the creek have been trying to obtain information on the ditch improvement project to no avail. ,Some residents have already lost their swimming pools and experi,enced foundation . problems. She worries that if the city anne,xes these properties, and the County , decides the ditch improvement project is too costly, the residents will be in limbo. She was told by a County official that if the County does not complete the improvement project, it could cost residents $40,000 to $50,000 to make the improvements. She requested the City wait to annex these properties until 2002/03 when the County can complete the ditch improvement project. Ms. Medeiros also expressed concern regarding City-estimated utility fees that. were based on a $50 monthly electric bill. She cannot afford the higher tax and requested the City not annex her property. Planning Director Cyndi Tarapani said there are 23 properties north and south of the ditch. The ditch also extends to the east. She said staff Is working with the 'County regarding responsibility of maintenance of the ditch (City or County) upon annexation. Hopes are that senior City and County staff would become involved in those discussions. She suggested the COB consider if Ms. Medeiros was aware of, her obligations 'at the time she signed the ATA (Agreement to Annex),' Ms. ' Med~iros is already receiving sewer service. In response to a question, Ms. Clayton said Ms. Medeiros has not been charged ,or paid for sewer service since she started receiving it. Current Code only permits the City to collect retroactive fees back to a one-year period. Ms. Clayton said if Ms. Medeiros submits her utility bills to staff, they would help her get a better idea of what the utility fees would be upon, annexation. In response to a . question, Ms. Clayton said the properties to the north of Ms. Medeiros' property could become contiguous due to these annexations. Member Gildersleeve moved to recommend approval of Case AT A ANX 01- 07 -1.1. The motion was duly seconded and carried unanimously. 2. Case: Amendment to Beach by Design Special Area Plan Level Three Application mcd1101 5 11/1 3/01 ~. :.......... ~. ,'. :'.,,",'~~: .:....:',~ ~.~...'.,..:.:...~,: ~~.'lj... ....: -~..,.;.I~~' .,'..:.,...:\......::~..... ,....,.;~':.'..~;~<~.:~:...-..f~I..~....~;..r,. 1) Applicant: City of Clearwater, Planning Department. Request: Amendments to the Beach by'Design Marina Residential District provisions regarding land consolidation, height, and City incentive options and the Design Guidelines regarding height in that district. Presenter: Gina L. Clayton, Long Range Planning Manager'. ;, In recognition of the Marina Residential District's location on a busy waterfront area, the proposed amendment to Beach by Design permits limited retail and restaurant uses within the District south of Baymont Street instead of only by the Causeway and immediately south of Baymont Street. Because it is extremely unlikely that consolidation of the entire District can be achieved by a single owner, the proposed amendment offers incentives for the consolidation of the District into 3 blo'cks. .To stimulate this redevelopment, the amendment offers incentives but also requires developer ,contribution to the community by providing invaluable public , amenities along the intra-coastal waterway, as well as streetscape improvements within the rights-of-way. The proposed amendment retains the concept set forth in t~e adopted Beach by De~ign of the City working with private property to owners to gain consolidated redevelopment in the event it does not happen by the private sector., 'c, . Beach by Design currently supports building heights over 100 feet only in instances where the density pool is used in 3 specific areas on Clearwater Beach or if a project uses transfer of development rights. Beach by Design has established the City's policy that greater building heights should primarily be used to attain the goal of repositioning Clearwater Beach as a quality family oriented destination resort community. The PlannIng Department supports a maximu'm height on the Yacht Basin Apartment property, also known as, the Mack site, of up to 100 feet in height. Staff recommends approval of the amendments to Beach by Design, with the following bases. Bases for approval: 11 The proposed amendments, are consistent with the Comprehensive Plan and the Community Development Code; 21 Beach by Design, as amended, provides a realistic framework for the redevelopment of Clearwater Beach; 3), the amendments refine an established distinct land use district identified in Beach by Design that recognizes existing and desired development patterns; and 4) the Plan provides for compatible land uses and design options that are in keeping' with the City's vision for this area of Clearwater Beach. It was noted that a letter of opposition was received. ,Assistant Planning Director Lisa Fierce said she has tried to contact the resident to no avail.. u , ' Ed Armstrong, representative for David Mack, said his cliel1t Is requesting changes to staff's proposal for this case and Case FL 01-09-31. He requested that Condition #4 of Case FL 09~01-03 be amended to reflect that the streetscaping along Mandalay Avenue north of the project entrance road be completed prior to the issuance of the final C.O. (certificate of occupancy) on the north phase and that the balance of streetscaping be completed prior to issuance of the final C.O. for the mcd1 101 6 11/13/01 . .c ,~ ~ <:-), () < .1 j :' : , final phase of the project. He noted that due to residents' concerns regarding a tennis court at the northwest corner of the property, the applicant does not' intend to .ccnstruct the tennIs courts but plans a passive use in the same area. In response to a question, Mr. Armstrong said there would be no public , access to the marina portion of the project. There would be no boardwalk. 'He noted there is streetscaping along Mandalay Avenue and Baymont Street, which extends onto this private property. In response to a question, Mr. Armstrong said there would be no rental pool. . Rick Gillette, architect, said the paved area along Baymont Street is a , 2- foot sidewalk. Facing that are garden courtyards at 18 feet to the buildif1g, for a total setback of 1 9 feet from the property Iin'e. In response to a question, Ms. Fierce, said current setbacks are 9.8 feet along Baymont Street. Mr. Gillette referred, to drawings indicating public landscaping along Mandalay Avenue and the proposed project with building setbacks. He said there would be enclosed garages under the " 'townhomes with steps leading up to the units, a courtyard. and parking behind the townhomes. Ve'hicles would have ingress and egress from the Mandalay Avenue . side. In response to a question, Ms. Fierce said staff is comfor'table with,the proposed changes indicated by Mr. Armstrong. MemberGildersleeve moved to recommend approval of the amendments to Beach by Design Special Area Plan. The motion was duly seconded. Upon the vote being taken, Chair Figurski and Members Petersen, Gildersleeve, Pliska, Moran, and Hibbard voted /laye"; Members Mazur and Hooper abstained. Motion carried. 3. Case: Z 01 :-09-03 - 501 Mandalay Avenue Level Three Application Owner/Applicant: Greenmack Clearwater, LLC. Representative: E.D. Armstrong Ill, Esquire. Location: 6.164 acres on the northeast corner of Baymant Street and Mandalay Avenue. Atlas Page: 267 A and 258A. Request: Rezoning from MHDR, Medium High Density Residential District to HDR, High Density Residential District. Proposed Use: Multi-family residential. . Presenter: Etim S. Udoh, Senior Planner.' The proposed High Density Residential zoning district at 50" Mandalay .' Avenue is, consistent with the City Comprehensive Plan, is compatible with the surrounding area, does not conflict with the needs and character of the neighborhood and City, does not require nor affect the provision of the public . services, and the boundaries are appropriately drawn. There will be no changes in traffic g~neration due to the fact that there would be no change in the maximum permitte~ density of 30 dwelling units per acre. The Planning Department recommends approval. mcd1101 ' 7 11/1 3/01 , ' , \~~:r;~~:.::.;/:..-tcl .<c 1,',<.:/, i.'~T ..r..... : .,':.' .. I... .. .', . .~}.~',iA.f\<4\{~..l~.ri\'~/i;:tt~~~:.V~I'~~.}J.'l(1..:.ct....'~\fl'.1~' ',. '..:~,"" 't': '"Ii.' .:.,,,,\::)'.<.~;;::.'.." .~::..,.~,...5~'~'~.:J';";'~':~,:..}..<~i{~:':~.~:,:':~"~~:~'~"::.ll:~~:.~;.I~~~~ .' r,.", ;",):! <:.,.:: " ::'~<, ~"j" ,:'" l' J:- ~ ~:.:.~:<\~\~~~~~';~~ ~ 'Member Gildersleeve moved to recommend approval of Case Z 01-09-03. The motion was duly seconded. Upon the vote beIng taken, Chair Figurski and Members Petersen, Gildersleeve, Pliska, Moran, and Hibbard voted "aye"; Members Mazur and Hooper abstained. Motion carried. /'di~ l.".i'r:'d ~ ..,.!f,)- t~ .~ ( , . ~ 4. Case: FL 01-09-31 - 501 Mandalay Avenue Level Two Application Applicant: Greenmack Clearwater, LLC. Location: 6.164 acres located on the northeast corner of Mandalay Avenue and Baymont Street. Atlas Page: 267 A and 258A. Zoning: HDR, High Density Residential District (pending approval of a companion rezoning application Z 01-09-03). . Request: Flexible Development approval to increase the number of dwelling units from 184 to 200 units as part of a Termination of Status on Nonconformity; increase the permitted height of the northern building (North Villa) from '30 feet to 130 feet; increase the permitted height of the southern building (Midrise Villa) from 30 feet to 99 feet; reduce the side (east) setback from 1 5 feet to zero feet to pavement; reduce the front (westl setback along Mandalay Avenue from 25 feet to zero feet to pavement; reduce the side (north) setback from 15 feet to zero feet to pavement, within the HDR, High Density Residential District (proposed), as part of a Residential Infill Project. , Proposed Use: A 200-unit condominium project including a 130-foot building (North Villa with 88 units), 99-foot building (Midrise Villa with 112 units) with 25-35 foot townhomes/courtyard homes and amenities. Presenter: Mark T. Parry, Planner. The Development Review Committee reviewed the application and supporting materials in. October, 2001. The Planning Department recommends approval of the Flexible Development application to permit an increase in the number of dwelling units from 184 to 200 units under the provisions of Section 6- 109 a, as a Termination of Status as a Nonconformity, increase the permitted height of the North Villa (north portion of the site) from 30 to 1 30 feet, increase the height of the Midrise Villa (south portion of the site) from 30 to 99 feet, reduce the side (east) setback from 15 to zero feet to pavement, reduce the side (north) setback from 15 to zero feet to pavement, reduce the' front (west) setback along Mandalay Avenue from 25 to zero feet to pavement, reduce the front (south) setb,ack along Baymont Street from, 25 to 18 feet for building ,and to reduce the front (south) setback along Baymont Street from 25 to zero feet for pavement wit.hin the (pending) HDR, High Density Residential District, for the site at 501 Mandalay Avenue, with the following bases and subject to the followIng conditions: Bases for aooroval: 1) The proposal, . as amended with respect to height, complies with Flexible Development and Residential Infill Project criteria under the provisions. of Section 2-504; 2) the project, as amended, complies with General Applicability Criteria under the provisions of Section 3-913; 31 the plan, as amended, complies with the Termination of Status as a Nonconformity under the provisions of Section 'mcd1101 8 11/13/01 .:..'(, :'.~'.' r:.'. .......",r;" '\:~'.."'" ,?t;.. .~'j :~: ~.t~"': ~ ":'" I.rl'.~_""::"':';.~:"" ~ 6-109 B; and 4) the proposed devolopment, as amended, is consistent with the companion amendments to Beach by Design and the rezoning application for HDR District. Conditions: 1) The companion Beach by Design Special Area Plan and rezoning amendments be approved by the City Commission; 2) the density be limited to 200 dwellings units; 3) a contribution to a future parking garage in the area be made, as determined by the City Commission; 4) the streets cape improvements along Baymont Street and Mandalay Avenue be installed within 2 phases: Phase One includes the area along Mandalay Avenue north of the entrance of the site, to be completed prior to the issuance of the last Certificate of Occupancy for the North Villa; Phase Two includes the Baymont Street frontage and the balance of Mandalay Aven':le (south of the entrance), to be installed prior to the issuance of the last Certificate of Occupancy of the Midrise Villa; 5) the final design of the buildings be consistent with .the conceptual elevations submitted or as modified by the COB; 6) solid waste and stormwater management requirements to be met, prior to issuance of building permits; 7) a setback reduction for all structures including swimming \ pools, spas and' pavement along the seawall be secured through application to the , Board of Adjustment and Appeal for Building and' Flood, as necessary, prior to issuance of building permits; 81 all signage comply with Code; and 91 any future dock requ'est meet Cod~ requirements including review by COB under a separate application. ,;--.,\ ,--,-' Member Hibbard moved to approve Case FL 01-09-31, amending Condition #4 as follows: 1), Condition #4 of Case FL 09-01-03 be amended to reflect that the streetscaping along Mandalay Avenue north of the project entrance road be completed prior to the issuance of the final C.O. (certificate of occupancy) on the north phase and that, the balance of streetscaping be completed prior to issuance of the final C.O. for the final phase of the project. It was noted that due to residents' concerns regarding a tennis court at the northwest corner of the property, the applicant does not intend to construct tennis courts but plans a passive use in the same area. Staff stated that even if they are shown in the plans, the applicant is not obligated to build them. The motion was duly seconded. T. ~ Member Hibbard amended the motion to approve Case FL 01-09-31 , amending: 1) Condition #4 be amended to reflect that the streetscaping along Mandalay Avenue north of the project entrance road be completed prior to the issuance of the ,final C.O. (certificate of occupancy) on the north, and 21 language related to construction of the tennis courts remain in the proposal. The motion was duly seconded. Upon the vote being taken, Chair Figurski and Members Petersen, Gildersleeve, Plisko, Moran, and Hibbard voted "aye"; Members Mazur and Hooper abstained. Motion carried. D, DIRECTOR'S ITEMS: Additfon to expert witness list - Wayne Wells, Senior Planner Ms. Fierce introduced Senior Planner Wayne Wells as an expert staff witness '-.J in the fields of general planning, zoning, site plan analysis, and code administration. mcd1101 9 11/13/01 "'~"5.:,.'..j~'~U.Cllf.':';.'~""'~":'~IY.~\~';".T~... ~Jl'L' , I:'" .;.. -1" >. t " .." .;' '. I ~. . ". " , ", " " , " , ' , , , ' , ~ '.}' ." ...' . .',." "',.' ~,{,,: '::';.':,C l':',,',. ,I" ': ',', , :,~'. . ~f,:;)!'::")'::' "" ':;:'>":>'. . , ! ~ . . ,~. . :) ':.>' . ", , ;-. ,.' ~:',. ' , ,; ~' . ". ~ ."", . 't, ' . '.' , , . , ' '~,~ I, '", ,"! ',c, ../"; .'~ \>.' ~:\:,>:::.'. " "', ' ~ !.~,~: ' .'.... , t. 0- ;-,>, , (,:. " , ",' ", ~ )c,J., . :;"01.>;,.'; , , ;'. ' . ~ ' t ' : , . " " : ',!;:' ~. , ~ ~ :'~~:;':~':'. '~,', c', \ '~';c~'~';'< ~\"~ ",:, ' c. ~' II" " Member Gildersleeve moved to' accept Mr. Wells as an expert witness I~ .the fields of. general planning, zoning, site plan analysis; and code administration. The 'motion was duly seconded and cnrri,ed unanimously. ' ' . , Member Moran said the COB Christmas luncheon is scheduled for December 11 r 2001, at, 12:00 p.m. at the Harborview Center. The prIce is the same as last yearat $15.22 per person. She also contacted Barbara Green of Everybody's Tabernacle regarding the COB's holiday donations. Ms: Green requested the gifts 'be unwrapped. 'Member Moran reminded everyone to remember to also, bring canned goods., In response to' a question, Ms. Moran said Ms. Green's assistant . will attend the CDB luncheon am.! can provide information regarding monetary donations. " :City staff was complimented for' an ongoing job well done. Member Hooper said that this year, we all have even more reason to gi~e thanks for those things and p'eople near and dear to us. E. , AD~OURNMENT The 'meeting adjourned at 2:52 p.m. " j " . J....; air Community Develop Attest: " , .wndQJryj[DQo Board Reporter '., \' " mcd1101 10 11'13'01