08/20/2002 (2)
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" ~()'mmunity Development Board M~eting
. " , '" 'MINUTES" '
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ACTION AGENDA
COMMUNITY DEVELOPMENT BOARD MEETING
CITY OF CLEARWATER
August2012002
Meeting called to order at 2:00 p.m. at City Hall
A. APPROVAL OF MINUTES OF PREVIOUS MEETING: Julv 23. 2002
ACTION: APPROVED w 7:0
B. CONTINUED ITEMS: (Item 1)
1. Case: FLD2002-05014 -1370 Gulf Boulevard Continued from'July 23,2002
Owner: The Renaissance on Sand Key, Inc.
, Applicant: Dalton East, LLC.
Representative: Todd Pressman. .
., Lo.cation: 1.765 acres .Iocated on the west side of Gulf Boulevard, approximately one
mile south of the Clearwater Pass bridge. This includes 1.045 acres of HDR and 0.72
acres of OS/R.
Atlas Page: 3038.
Zoning: HDR, High Density Residential District and OS/R, Open Space and Recreation
District
Request:
Flexible Development approval to increase the height of a proposed building'from 30 feet to 80
feet, reduce the side (south) setback from 10 feet to zero feet (to pavement) and reduce the
required front (east) setback along Gulf Boulevard from 25 feet to 20 feet (to pavement), under'
the provisions of Section 2-504.A, with a Comprehensive Landscape Program. ,
Proposed Use: A 31-unit attached dwelling development within an 80-foot building.
Presenter: Wayne Wells, Senior Planner.
ACTION: Approved w 7:0 with conditions: 1) That a reciprocal ingress/egress easement
for the partial vehicle turn around on this property be recorded with Pinellas County and,
the adjacent drive on the Sand Key Club property be posted as a no parking fire lane,
prior to the issuance of the first Certificate of Occupancy; 2) That the final design of the
building be consistent with the conceptu.al elevations submitted or as modified by the
COB; 3) That a fourwfoot high wall or fence be provided along parking areas to meet
landscape screening requirements; 4) That the Recreation Land and Recreatlon Facility
dedication requirement be satisfied, prior to the issuance of building permits; 5) That the .
monument sign be limited six feet In height and be coordinated/consistent with the
architecture and color of the building; and 6) That the landscaping within the public
access easement along the north sIde be removed, trimmed or modified at the .
applicant's expense if requested by the City. The applicant shall record a document,
approved by the City Attorney, to this effect, prior to the Issuance of any per~lts.
acdbOB02
08/20102
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C. CONSENT AGENDA: (Items'1-4)
Case: DA 01~01-01 - 301 South Gulfview Boulevard Continued from July 23.2002
Owners: ClealWater Seashell Resort, LC, AI-Nayem International Incorporated and the
City of ClealWater.
Applicant: Clearwater Seashell Resort, Le.
Representative: William J. Kimpton and Richard Gehring. .
Location: 1.63-acre5 located on the east sIde of South GUlfvlew Boulevard, west of
Coronado Avenue, approximately 400 feet south of First Street.
. Atlas Page: 276A.
Zoning: T, -Tourist District.
, Requests:
Review of, and recommendation to the City Commission on. proposed amendments to the
development agreement between Clearwater Seashell Resort LC and the City of Clearwater,
which provide for the interim use of the property as a public parkIng lot, provide lease terms and
adds a provision requiring the City to buy the property under certain condItions.
Proposed Use: A 250-room hotel with ancillary restauranUretail sales and service uses and a
7S0-space parking garage and the Interim use of the site with a 155-space parking lot to be
'manage,d and operated by the City.
Presenter: Mark T. Parry; Planner.
ACTION: Recommended approval to City Commission -7:0 with Bases for approval: 1)
The proposal furthers the goals established in special area plan governing the beach,
Beach by Design, including the elimination of modest hotels on the beach and creating a
more attractive place for residents and visitors and 2) The proposed Interim use provides
desired parking near the beach and enhances the viability of the resort community.
1.
2. Case: FLD 02-04-12 - 301 South Gulfview Boulevard Continued from July 23.2002
Owners: Clearwater Seashell Resort, LC, AI-Nayem International.lncorporated and the
City'of Clearwater.
Applicant: Clearwater Seashell Resort! LC.
Representative: Christine Papandreas, King Engineering.
Location: 1.40-acres located on the east side of South Gulfview Boulevard, west of
Coronado Avenue, approximately 400 feet south of First Street.
Atlas Page: 276A.
Zoning: T, Tourist District.
Request:
Flexible Development application approval to pe~mit a parking lot within the Tourist District and
to reduce the side (north) setback from 10 feet to two feet (to pavement), reduce the side
(south) setback from 10 feet to two feet (to pavement) and to reduce the front (east) setback
along Coronado Avenue from 15 feet to three feet (to pavement) I as part of a Comprehensive
Infill Redevelopment Project, under the provisions of Section 2-803.
Proposed Use: A 155-space parking lot, as part of an interim use of the site, to be managed and
operated by the City. .
. Presenter: Mark T. Parry, Planner.
ACTION: APPROVED -7:0 with conditions: 1) That this application be effective upon
(amended) Development Agreement approval by the City Commlsslonj 2) That the site
'plan, as amended, be resubmitted without any reference to phase two (parking spaces
within future vacated South Gulfvlew Boulevard), prior to the Issuance of any perrnitsj 3)
That a revised site plan be submitted to and approved by Staff, and Include: corrected
parking space counts and dimensions, additional bollards at the east and west openings
acdb0802 2 08/20102
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of the pedestrian walkway, fence details and relocation along South Gulfvlew Boulevard
to tho east side of the drainage swale, and a note Indicating that lighting will meet Code
and light fixtures, pay station and trash receptacle locations will be properly located to
the satisfaction of Staff, prior to the Issuance of any permits; 4) That a revised landscape
plan be submitted to and approved by Staff, prior to the issuance of any permits,
Including: the relocation of the fence aiong South Gulfvlew Boulevard to the east side of
'the swale, use of Jasmine In lieu of sod within the swale, replacement of oleander with
beach sunflower adjacent to the spaces along South Gulfvlew Boulevard, relocation of
palms throughout the site to align with parking stall striping, and the addition of a note
requiring landscape areas to have 100 percent coverage from a fully automatic, drip
Irrigation system with rain sensor and automatic shutoff; and 5) That all slgnage meet
Code.
3. Case: FLD 02M04M11 - 915 and 915 ~ Turner Street
'Owner/Applicant: Ms. Jennifer Carpenter.
Representative: Mr. Gilbert Jannelli.
Location: 0.20-acres located on the south side of Turner Street, approximately '400 feet
west of Martin Luther King Jr. Avenue (formally South Greenwood Avenue).
Atlas Page: 296 A
. Zoning: MDR, Medium Density Residential District. .
Request:. .
Termination of the status of a nonconforming use (three attached dwellings where one dwelling
unit Is permitted) within the Medium Density Residential District under the provisions of Section
6-'109.C, and
Flexible Development approval to reduce the side (east) setback from five feet to four feet (to
pavement) and reduce the side (west) setback fro'm five feet to three feet (to pavement), as part
of a Residential Infill Project, under the provisions of Section 2-304, and
a Comprehensive Landscape Program to reduce required side buffers from 10 feet to zero feet
under the provisions of Section 3-1202.G. '
Proposed Use: Three dwelling units within two existing structures and a new five-space parking
lot.
Presenter: Mark T. Parry, Planner.
ACTION: Approved M 6:1 with condition: 1) That the site be completely rehabilitated to
address the pending Code violation (COD2000M02411) within six months (February 20,
2003) of approval of this application, to the satisfaction of Staff.
4. Case: APP2002-07002 - 193 Devon, Drive
Owner: Christopher C. Mariani.
Applicant/Appellant: Deborah L. Groen Soboleski. (191 Devon Drive).
Location: 0.19 acres located on the south side of Devon Drive, approximately 600 feet
east of Harnden Drive
Atlas Page: 276A. .
Proposed Use: A 440 square foot dock with two boat lifts.
Request: .
Appeal of a Level One (Flexible Standard Development) decision by the Community Development.
Coordinator who approved certain deviations to dock requirements for the property located at 193
Devon Drive, under the appeal provisions of Section 4-501 of the Community Development Code.
Presenter: Mark Parry, Planner. '
ACTION: Consideration of appeal denied. Not removed from Consent Agenda M 7:0
acdb0802
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08/20/02
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D. L.EVEL 3 APPLICATIONS (Item 1 - 2)
1. Case: ANX2002-05007.-721 & 723 South 8ayview Avenue; 3018 & 3024 Pen mar
Drive; and Lot 5, Tract B of the Myron A, Smiths Bay View Subdivision
Owner/Applicant: Our Lady of Divine Providence, House of Prayer, Inc.
Representative: Harry S. Cline, Esquire.
Location: Five parcels, totaling approximately one acrel located on .the east side of
South Bayview Drive and on the north and south sides of Penmar Drive, north ,of Old
Tampa Bay. '
Atlas Page: 301A.
Request: " ,
, Annexation of five vacant parcels of land into the City of Clearwater to be included 'as part of a
pending land use plan amendment and rezoning case (LUZ2002-05006). '
, Proposed Use: Place of worship.
, Presenter:' Marc A. Mariano, Planner.
'ACTION: ~ecommended approval to City Commission - 6:0
2. Case: LUZ2002-05006 - 717, 719, 721, 723 & 725 South Bayview Avenue; 3018 & 3024
Penniar Drive; and Lot 5, Tract B of the Myron A. Smiths Bay View Subdivision '
Owner/Applicant: Our Lady of Divine Providence, House of Prayer, Inc.
Representative: Harry S. Cline, ,Esquire. ,
Location: 3.08 acres located on the east side of South Bayvlew Drive and on the north
,and south sides of Penmar Drive, north of Old Tampa Bay. '
Atlas Page: 301A.
Request: .
, Land Use Plan, amendment from RL, Residential Low (County) to I, Institutional (City)(pending
, 'ANX2002-05007); and .,. ,
Rezoning from R4, One. Two & Three Family Residential (County) and LOR, Low Density
Residential (City) to I. Institutional (City)(pending ANX2002-05007). .
Proposed Use: A new 12,000 square foot Place of Worship facility in addition to the three
existing retreat buildings. ,
Presenter: Marc A. Mariano, Planner.
ACTION: Recommended approval to City Commission - 6:0
E. DIRECTOR'S ITEMS:
1. Revised time extension request
Dolphin Point
October 16,' 2002 to October 16, 2003
, . (FL 01-08-26)
ACTION: Approved - 6:0
"F. ADJOURNMENT'- 5:52 p.m.
acdb0802
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,FORM 88. MEMO.RANDU.M OF VOTING, CONFLI,CT FOR
COUNT'l MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME-FIRST NAME-MIDDLE NAME NAME OF "OARD, COUNCIL, COMMISSION. AUTIIOIUTY, OR COMMIlTEE
~-At.€X 'P/-I-?;'?O J;e / C.OMMuNlrYP6VGc...o rlGlVr.'6~~
.. !No ADDRESS . THE DOMIn, COUNCIL, COMMISSION, AtmIOIU'lY OR COMMITIEE ON
7o(P OA I~ AV wmCH I SERVE ISA UNIT OF:
CllY COUNTY )!LCITY a COUNTY a anum lOCAL ADENCY
Cl.'b4t2..WA'1b'7Z- rPo~'-L.~ l-q 7 NAME OF POUTICAL SUDDlVlSION:
U'''' c::: ?I r Y CJ c..- c.. !f A,1Zu...J,tq- TGJ'Z-
DATE ON WHICH VorE OCCURRED M 1'051110 IS:
$ - 2" - 0"1- 0 ELECTIVE APPOINTIVE
WHO MUST FILE FORM 88
This fonn is for use by any person ~rving at the county, city, or other local level of government on nn appointed.or elected bonrd,
council, commission, authority. or committee. It applies equally to members of advisory and non-advisory bodies who are presented
~th n voting conflict ofinterest under Section 112.3143, Florida Statutes. .
Y~ur responsibilities under the law when faced with voting on a measure in which you have a conflict of interest.will vary greatly
depending on whether you hold an elective or appointive position. For this reRson, please pay close attention to the Instructions on
this form before completing the reverse side nnd filing the fonn.
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
which inures to his or her special privat4l gain or loss. Each clecwd or appointed local officer also is prohibited from knowingly voting
~..-- f.onsure which inures to the specia) gain or loss of a principal (other than B government agency) by whom he or she is retained
h:,~",.uling the parent organization or subsidiory of a corporate principal by which he or she is retained); to tho special private gain or
10slJ of tl relntivoj or ~ the special private gain or loss of n business associate. Commissioners of community redevelopment agencies
under Sec. 163.356 or 163.357. F.S.. and officers of independent special ta."C districts elected on a one-aCTe. one-vote basis ore not pro-
hibited from voting in thot capacity.
For purposes of this law, a "relative" includes only the officers fnther, mother, son, daughter. husband. wife, brother. sister. father-
in-low, mother-in-law. son-in-law, and daughter-In-law. A "business associate" means any person or entity engaged In or carrying on
a business enterprise with the officer us 0 partner. joint venturer, coowncr of property, or corpornte shareholder (where the shares of
the corporation are not listed on any national or regional stock exchange).
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ELECTED '.oFFICERS:
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In addition to abstaining from voting in tho situations described above, you must disclose the conOiet:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in tho mensure on
which you are abstaining from votingj and
WITHIN 15 DAYS AFTER. THE V01'E OCCURS by completing and filing this fonn with the person Tesponsible for recording
tho minutes of the meoting, who should incorporate the form in the minutes.
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APPOINTED OFFICERS:
You must nbstain from voting llnd disclose the conOict in the situations described above nod in the manner described for elcc~d om-.
ceTS. In order to pl\rticipate in these matters. you must disclose tho nature of the conflict beforo making any attempt to influence the-
docision. whether orally or in writing and whother mnde by you or at your direction.
IF .YOU IN'l.'END TO MAKE ANY NfTEMPT TO INFLUENCE THE DECISION PRIOR 'fO THE MEETING AT WHICH THE
VOTE WIL~ BE 'rAKEN: ., . . . " ': ;~"I::;~'~ ;~
. ),i: must cC?mplete and fila this form (before making any attempt to innuence the decision) with the person responsi.bla~lf~~ '.: r
~ording the minutell of the meeting. who will incorporate the form in the minutes. " .
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'~.:A copy of tho fonn must be provided Immedinwly to the other members of thengency.
. 1110 fonn must be rend publicly nt tho next meeting nfWr the fonn is filed.
CE FORM 88 . REV. 1195
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I ~ir.,:YOU MAKE NO ATrEMPTro INFLUENCE THE DECJSION EXCEPT BY DISCUSSION AT THE MEETING:
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"":,~You 'mult dJ8Clo~ ~rRny the nature of your confliet in tho m~naure before pnrtJclpotinlr'
" ,'~;'~ 'You must complete tho fo~ nnd tUe itwithin.15 days oner tho vote OCCUrR with tho porson responsiblo for recordiri~ the ~
" minutes ortho meoting, who must Jncorporato the fonn in the minutes. A copy of the fonn must bo providod immediately to tho
.,. othormomoors of the agency. nnd the form must be rond publicly ot the next meeting nft.or the form is filod. '
, DISCLOSURE OF LOCAL OFFICEFrS I~TEREST
Au; )<.. rC-t t:;P:?O J;2., I hereby disclose that on 8 - 1.. 0
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(a) A measure came or will come before my agency which (check ono)
X Inured to my'special private gain or 1008;
inured to the specinl gain or )oos of my busincss associate~
iriured to the special gain or loss of my relative,
inured to the special gain or loss of
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whom I am re~ncd; or
inured to the speci~l gBi~ or ]OS9 of
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, ;:, 18 the- pnrent orgoni'zation or subsidiary of 0 principal which hos retained me, .
. , h,{b) The moasure bofore my agency ond the nature of my conflicting Interest in the mCllsure hJ as follows:
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': ,i. ' " ,: UNDEH PRO,\!tS~ONS O~ FLORIDA STATUTES ~1l2.317, A R~ILURE 'fO ~ ~,~E'QWiR.~;D1lSCgt
..~ ,: S E~.gONSTITUTEs'ttiROUNDS FOR AND . MAY B E PUN~SHED IBy ONE, Qlt,MORE OF :THE tFo:L'tm.Wn ,;
'. " ~(jHMEN'r, REM~VAL OR SUSPENSION Ii'ROM OFFICE;OR EMPLO~~,'DEMd"MbN;\REDtiCTION'IN~,
. ,: J,: ~ALAlty,IREPRIMAND. OR A CIVII~ PENALTY NOT 'fQ EXCEED $10,000. ,~ . __ 'I
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'. T'.!,iF.;YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
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:.:,.'~You'must di~lo~ orally the nature of your conflict in thomonaurc bcfare par.ccipnting.
.. :~~. 'You must complete the fann nnd filo it wit.hin 15 days nfter the vote OCCU1'8 with the person responsiblo for recording the (
, minutes of the tneeting, who must incorpoTato the fonn in the minut.es. A copy of the fonn must be provided immediately to tho
. i other mombers of tho ogoncy. ond the form must be rend publicly at the next meeting nftor the form is filed.
, ' DISCLOSURE OF LOCAL OFFICER'S INTEREST
AlAi X. ?u?~ J {2., -i hereby disclose that on 8 - 20
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)< inured to my special private gain or loss;
inured to the sp,ecial gain or l()Ss of my business aGsOC:iate.
inured to the ,special gain odoss afmyrelnlivet
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inured to the special gain or loss of
whom I am retained; or
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is tho parent organization or subsidiary ofa principal which hos retn..lned me.
" ".: (b). The measure before my agency nnd the nature of my conflicting intarest in thil'l measure is os fonows:
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COMMUNITY DEVELOPMENT BOARD MEETING
CITY OF CLEARWATER
August20,2002
, I
,
Present:
Carlen A. Petersen
Ed Hooper '
'David Gildersleeve
Edward Mazur. Jr.
Shirley Moran
Alex Pliska
'John Doran
Kathy Milam
Also Present: Leslie Dougall-Sides
Cyndi Tarapani
Lisa Fierce
Gina Clayton
Patricia O. Sullivan
Chair
Vice Chair
Board Member - departed 3:15 p.m.
Board Member - departed 4:08 p.m.
Board Member
Board Member
Board Member
Alte'rnate Board Member
Assistant City Attorney
Planning Director
Assistant Planing Director
Long Range Planning Manager
Board Reporter
,The Chair called the meeting to order at 2:00 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: July 23, 2002
. '
Member Moran moved to approve the minutes of the regular meeting of July 23, 2002,
as submitted in written summation to each board member. The motion was duly seconded and
~arried unanlmo,usly. (Alternate Board Member Milam did not vote.)
B. CONTINUE ITEMS: (Items 1 - 3)
1. Case: FLD2002-05014 -1370 Gulf Boulevard Continued from July 23,2002
Owner: The Renaissance on Sand Key, Inc.
Applicant: Dalton East, LLC.
Representative: Todd Pressman.
Location: 1.765 acres located on the west side of Gulf Boulevard, approximately one
mile south of the ClealWater Pass bridge. This Includes 1.045 acres of HDR and 0.72
acres of OS/R. '
Atla's Page: 3038.
Zoning: HDR, High Density Residential District and OS/R, Open Space and Recreation
District. ' '
, Request: ,
Flexible Development approval to Increase the height of a proposed building from 30 feet to 80
feet1 reduce the side (south) setback from 10 feet to zero feet (to pavement) and reduce the,
required front (east) setback alon.g Gulf Boulevard from 25 feet to 20 feet (to pavement), under
the provisions of Section 2-504,'A. with a Comprehensive Landscape Pr~gram.
, Proposed Use: A 31-unit attached dwelling development within an 80-foot building.
Presenter: Wayne Wells} Senior Planner.
mcdOB02 1 08/20102
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~ The rectangular'slte is a total 1.765 acres, of which 1.045 acres is zoned HDR. High
Density Residential District and 0.72 acres is zoned OSR, Open Space/Recreation District. The
site is located approximately one mile south of the ClealWater Pass bridge on the west side of
Gulf Boulevard. It is currently vacant with asphalt remnants form the previous Gallery
Restaurant, demolished In 2000. There is an additional vacant lot adjacent to the north at 1350
Gulf Boulevard. which is not part of this request.
The proposal is for the construction of 31 attached dwelling units within a single building.
The project will have ground level parking with eight floors of dwelling units above. Floors two
. through eight will have four units each, while the ninth floor will contain three penthouse units.
The second floor will include an open-air tennis court on the east side of the building. The
tennjs cou.rt will be enclosed with a 3.5 feet high balustrade and a ten feet high, columned, open
'arched wall infilled with black vinyl coated chain link fencfng to catch errant tennis balls.
Planters at the base of these chain link fence areas wlll. be planted with confederate jasmine
that wlll grow onto the fence to form a landscape screen for the tennis court. A pool is proposed
on the ground floor on the west side of the building, respecting the Building Qode setback
requirement of 18 feet from the seawall.
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The proposal is for an 80-foot high building with units oriented toward the Gulf of Mexico~
This height. as an Increase from 30-feet per Code, requires Flexible Development approval.
The size, scale and bulk of this proposed building is smaller than similar projects on the west
. side of Gulf Boulevard. The Sand Key Club. adjacent to the south, is approximately 130 feet In
height with units oriented facing north and south. The Crescent Beach Club, to the north of the
vacant lot on the north side of this project, is approximately 180 feet in height with units oriented
toward the Gulf of Mexico. The building location for this proposal is designed to be centered on
the site. It is approximately 60 feet from the neighboring Sand Key Club. The building is
, designed with a Mediterranean flavor with colors including shades of taupe and white and a blue
barrel tile roof. The building will have balconies on both the east and west sides. The proposed
building will be in harmony with the character of surrounding properties.
An access driveway is proposed along Gulf Boulevard on the north side of the property.
The prop.osed parking areas, both In front of and under the building, adjoin a drive on the
adjacent Sand Key Club as provided through an existing ingress/egress easement. A portion of
a vehicle turn-around area is proposed on the south side of the site, completing the unfinished
portion with the Sand Key Club. This requires a side setback reduction from 10 feet to zero
feet. A reciprocal ingress/egress easement for this vehicle turn-around will need to be recorded
prior to the issuance of the first Certificate of Occupancy. The existing drive on the Sand Key
Club property will serve as a fire lane for both sites. It will need to be posted as such prior to the
Issuance of a Certificate of Occupancy. A drive connection between the two properties near
Gulf Boulevard provides an area for truck access for deliveries and trash pickup.
A reduction of the front setback from 25 feet to 20 feet to pavement is requested which is
consistent with the established character of Gulf Boulevard. While most parking spaces will be
under the building, there are open-air parking spaces on the east side of tile site. Off-street
parking will be screened from adjacent parcels and Gulf Boulevard by landscaping planted at
four feet In height. The parking areas will need to be enhanced with a four-foot high wall or
fence adjacent to the pavement (inside the landscaping) to meet Code requirements.
LandscapIng will exceed Code requirements and will be consistent and provide continuity with
installations on adjacent properties. .
mcd0802 2 08/20/02
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A 1 O-foot wide public access easement is located along the north side of the property. It
will be improved with a five-foot sidewalk, from Gulf Boulevard to the beach, for pedestrian
access. This easement will be landscaped with sea grapes and palms. As a public access
easement, landscaping within this easement will need to be removed, trimmed or modified when
requested by the City.' A document to this effect will need to be recorded, to the satisfaction of
the City Attorney's office. A chute system will be used for solid waste management. Roll-out
containers will be moved to a dumpster at the southeast corner of the property. A six-foot high
enclosure will screen it and will match the architecture of the building.
, . A six-foot high monument sign is proposed along Gulf Boulevard at the north side of the
'access driveway. The monument sign will be coordinated/consistent with the architecture and
color of the building. '
The application and supporting materials were reviewed by the Development Review ,
Committee on June 13, 2002. The Planning Department recommends approval of the Flexible
Development,application to increase the height of a proposed building from 30 feet to 80 feet.
reduce the side (south) setback from 10 feet to zero feet (to pavement) and reduce the required
front (east) setback along Gulf Boulevard from 25 feet to 20 feet (to pavement) within the HDR,
High Density Residential District, under the provisions of Section 2-504.A. for the site at 1370
Gulf Boulevard.. with Bases for Approval: 1) The prdposal complies with Flexible Development
criteria under the provisions of Section 2-504; 2) The project complie~ with General Applicability
Criteria under the provisions of Section 3-913; and 3) The project is compatible with properties
within the surrounding area; and Conditions for Approval: 1) That a reciprocal ingress/egress
eas~ment for the partial vehicle turn around on this property be recorded with Pinellas County
and the adjacent drive on the Sand Key Club property be posted as a no parking fire lane, prior
,to the issuance of the first Certificate of Occupancy; 2) That the final design of the building be
'consistent with the conceptual elevations submitted or as modified by the COB; 3) That a four-
foot high wall or fence be provided along parking areas to meet landscape screening
requirements; 4) That the Recreation Land and Recreation Facility dedication requirement be
satisfied, prior to the issuance of building permits; 5) That the monument'sign be limited six feet
in height and be coordinated/consistent with the architecture and color of the building.; 6) That
the landscaping within the public access easement along the north side be removed. trimmed or
modified at the applicant's expense if requested by the City; and 7) The 'applicant shall record a
document, approved by the City Attorney, to this effect. prior to the issuance of any permits.
Concern was expressed a number of residents had wasted their time by attending July's
meeting. when a lack of quorum caused this item to be continued. Planning Director Cyndl
Tarapani said the City Commission had not supported appointing a second alternate board
member. Due to conflicts, the July meeting date had been rescheduled. The new date also
posed conflict. It was noted the problem had not occurred previously. Ms. Tarapani said staff
would have contacted Interested parties regarding the lack of quorum had they been aware of the
problem earlier. She requested board members carefully review next year's schedule for
conflicts. '
, "
In response to a question, Senior Planner Wayne Wells stated the requested setbacks
are to the pavement only. In response to a comment. Assistant Planning Director Lisa Fierce
said restaurants are not permitted In HDR zoning. In response to a question, Mr. Wells said the
structure will be 60 feet from the Sand Key Club.
mcd0802
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Todd Pressman, representative, said based on input from nearby residents, many
changes had occurred to the development's design and architecture. The developer has
. worked closely with the community through a series of meetings. Notice was sent to 464
separate owners of 524 parcels. He reviewed the size of nearby buildIngs, noting this
dev.elopment,will be only ao feet high. Historically, residents of the abutting Sand Key Club
have used a portion of the subject property for a turn around. The developer is donating an
easement to the Sand Key Club so this practice can continue. He said the percentage of
impervious surface proposed is greater than required by Code. Due to neighbor concerns.
regarding loss of privacy, Mr. Pressman said the side of the building was designed wlth small
windows high in the units. He said the landscape plan exceeds Code requlrements~
In response to a question, Mr. Pressman said the setback to the south Is solely to retain
the cui de sac, enjoyed by Sand Key Club residents. In response to a question, Mr. Pressman
said along' the road, the tennis court will be fenced with a black chain link vinyl coated barrier. '
, '
. Six residents spoke in support of the project;
One resident spoke in opposition' to the project.
" Mr. Pressman said .the developer had been proactive in contacting all residents
regarding this project. Concern was expressed the majority of Sand Key residents are not
, . present in the summer. Mr. Pressman was commended for working closely with residents.
Member Doran moved to approve Item 81, with conditions as listed, Case FLD2002-
05014. The'motlon was duly seconded and carried unanimously. ,(Alternate Board Member
Milam voted.)
C. CONSENT AGENDA: The following cases are not contested by the applicant, staff,
neighboring property owner, etc. and will be approved by single vote at the beginning of the
meeting. (Items 1 .4)
1. Case: DA 01-01-01 - 301 South Gulfview Boulevard Continued from July 23, 2002
Owners: Clearwater Seashell Resort, LC, AI-Nayem International Incorporated and the
City of ClearWater.
Applicant: Clearwater Seashell Resort, LC.
, Representative: William .J. Kimpton and Richard Gehring.
Location: 1.63-acres located on the east side of South Gulfview Boulevard, west of
Coronado Avenue, approximately 400 feet south of First Street.
Atlas Page: 276A.
Zoning: T, Tourist District.
. Requests:
Review of, and recommendation to the City Commission on, proposed amendments to the
development agreement between Clearwater Seashell Resort LC and the City of Clearwater,
which provide for'the Interim use of the property as a public parking lot, provide lease terms and
adds a provision requiring the City to buy the property under certain conditions.
Proposed Use: A 259-room. hotel with ancillary restauranVretail sales and service uses and a
750-space parking garage and the interim use of the site with a 155-space parking lot to be
managed and operated by the City. '
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08/20/02
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Presenter: Mark T. Parry, Planner.
The rectangular, 1.63-acre site is located on the east side of South Gulfview Boulevardt
approximately 400 feet south of First Street. The area Is intensely daveloped with
predominantly commercial uses including restaurants, motels, hotels and retail sales and
service. Single-family dwellings exist t6 the east and a City-owned parking lot is located across
. Gulfview Boulevard to the west. The area along South GUlfview Boulevard and Coronado Drive
is characterized by older, modest hotels and motels and retail businesses within mid-rise
buildings. The site is located within the Beach Walk District of the Beach by Design Plan.
The site consists of two properties that have been developed with overnight
accommodations (Glass House Motel and Beach Place Motel at 229 and 301 South Gulfview
Boulevard, respectively). The motel buildings were buill between 1941 and 1956 and contain a
total of 65 rooms. All existing structures will be razed as part of the redevelopment of the site as
a 250-roomt full-service resort hotel with 750-space parking garage. Within the garage, 400
spaces are to be available to the publ1c.
Ten teet of right-of-way along Coronado Drive will be dedicated as part of the approved
site plan. The plan Includes a portion of the eastern half.of the South Gulfview Boulevard right-
of-way and Third Street right-at-way between South Gulfview Boulevard and Coronado Drive.
,Third Street, a 60-foot wide right-of-waYt bifurcates the site from east to west. Both portions of
the rights-of-way were conditionally vacated. by the City Commission in May 2001.
The proposal includes the implementation of the beach walk improvements as outlined
in Beach by Design. South Gulfview Boulevard will be relocated farther west as part of a
serpentinet beach walk design. Its new configuration will include a two-way, two-lane road
section and pedestrian way and bicycle path.
At its February 20, 2001 meetingt the Community Development Board (COB) approved a
Flexible Development application (FL 01-01-01) for a resort hotel and parking garage for this
site. Of the 500 available units in the Beach by Design density poalt 185 were granted for use
as part of that application. The Board also recommended approval of a Development
Agreement (DA 01-01-01) that was subsequently approved by the City Commission on March 1,.
. 2001. A time extension request for the Flexible Development (site plan) application was
approved by the CDB on February 20t 2002. It will expire on February 20t 2003. To pr~serve
the development of the site plan, a code amendment will be necessary to. provide for a second
'time extension. An amendment to Beach by Design may be necessary, should the hotel pool .
units for this project not be used by March 2006. The pool expires In June 2006.
The proposal also includes a companion request of a Flexible Development application
for a .155-space, public parking lot as an interim use. (Refer to companion case FLD 02-04-12.)
The a.pplication and supporting materials were reviewed by the Development Review
Committee on May 16, 2002. The Planning Department recommends approval of the
. amendment to the Development Agreement for the site at 301 South Gulfvlew Boulevard, with
the following Bases for approval: 1) The proposal furthers the goals established in special area
plan governing the beach, Beach by Design, including the elimination of modest hotels on the
beach and creating a more attractive place for residents and visitors and 2) The proposed
interim use provides desired parking near the beach and enhances the viability of the resort
community.
mcd0802 5 08/20/02
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2. Case: FLO 02-04-12 - 301 South Gulfview Boulevard Continued from July 23,2002
Owners: Clearwater Seashell Resort, Le, Al-Nayem International Incorporated and the
. City of Clearwater.
Applicant: Clearwater Seashell Resort, LC.
Representative: Christine Papandreas, King Engineering.
Location: ,1.40-acres locafed on the east sIde of South Gulfview Boulevard. west of
Coronado Avenue. approximately 400 feet south of First Street.
Atlas Page: 276A.
Zoning: T, Tourist District.
Request: '
Flexible Development application approval to permi~ a parking lot withIn the Tourist District and
to reduce the side (north) setback from 10 feet to two feet (to pavement), reduce the side
(south) setback from 10 feet to two feet (to pavement) and to reduce the front (east) setback
along Coronado Avenue from '15 feet to three feet (to pavement), as part of a Comprehensive
. Infill Redevelopment Project, under the provisions of Section 2-803.
Proposed Use: A 155-space parking lot, as part of an interim use of the site, to be managed and
operated by the City.
Presenter: Mark T. Parry. Planner.
. ~Istory
. At its February 20,2001 meeting, the Community Development Board (COB) approved a
Flexible Development application (site plan) for a resort hotel and parking garage for the subject
. site (FL,01-01-0~). Of the 500 available hotel units in the Beach by Design density pool. 185
were granted for use as part of that application. The Boardatso recommended approval of a
Development Agreement (DA 01-01-01) that was subsequently approved by the City
CommIssion on March 1,2001. A request to vacate Third Street (from Coronado Drive to South
Gulfview Boulevard) and part of South Gulfview Boulevard was approved by the Commission on
. May 3, 2001. subject to six conditions.
A time extension request for the Flexible Development (site plan) application was
approved by the COB on February 20, 2002. It will expire on' February 20, 2003. To preserve
the development of the site plan, a code amendment will be necessary to provide for a second
time extension. An amendment to Beach By Design may be necessary, should the hotel pool
units for this project (185 rooms) not be used by March, 2006. The pool expires in June, 2006.
The Development Agreement requires the applicant to construct a minimum 250-room
hotel and 750-space parking garage with 400 public spaces. The applicant will provide "upfront"
financing for the Beachwalk project and relocated South Gulfview Boulevard, generally between
the south beach concession structure and First Street. The agreement requires the City to
process the vacation requests of both Third Street and South Gulfview Boulevard, provide units
from ,the resort units bonus pool, and reimburse the applicant for pubHc Improvements from the
additional ad valorem revenue and other pubHc revenues generated by the project beyond the
existing revenue levels.
This application also includes a companion request of, and recommendation to the City
Commission. on, an amendment to the Development Agreement. The major changes proposed.
" mcd0802 6 . 08/20/02
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Include: a tlme extension for the,hotel project, use of the site as an interim parking lot,
construction period terms for the interim lot, lease terms for the use of the parking lot, a
purchase obligation, and consideration.of an extension of the resort room density pool. (Refer
to companion case DA 01-01-01.' as amended.)
The site Is 1.4 acres located on the east side of South Gulfview Boulevard, west of
Coronado Avenue, approximately 400 feet south of First Street. The area is intensely
developed with predominantly commercial uses including restaurants, motels, hotels and retail,
sales and service uses. Single-family dwellings exist to the east and a City-owned parking lot Is
, located across Gulfview Boulevard to the west. Older, modest hotels and motels and retail
businesses within mid-rise buildings characterize the area along South Gulfview Boulevard and
Coronado Drive. '
.' The site contains two properties' developed with overnight accommodations (Glass ,
House Motel and Beach Place Motel at 229 and 301 South Gulfvlew Boulevard, respectively).
The motel buildings were buill between 1941 and '1956 and contain a total of 65 rooms and one
dwelling unit. All existing structures will be razed as part of the redevelopment of the site. The
site also Includes a portion of the Third Street right.of-way between South Gulfview Boulevard
and Coronado Drive. This section, along with a portion of the eastern half of the South Gulfview
Boulevard right-of-way, was conditionally vacated by the City Commission In May 2001. The
site plan under discussion in this report does not include the South Gulfview Boulevard right-of-
, way.
The site is located within the Beach Walk District of the Beach by Design Plan. The
ultlmate, approved plan is for a 250-room. full-service, upscale hotel with banquet facilities,
, restaurants, and retail uses. A 750-space parking garage will be built under the hotel and 400
. spaces will be available to the public. The proposal, includes the dedication of 10 feet of right-of.
way along Coronado Drive and the implementation of the beach walk Improvements as outlined
in Beach by Design. South Gulfview Boulevard will be ultimately relocated farther west as part
of a serpentine design. Its new configuration will include a two-way, two-lane road section and
pedestrian way and bicycle path. The design will eliminate the existing public parking lots on
the west side of South Gulfview Boulevard.
Construction of the hotel has yet to commence, because of unexpected litigation and a
ne.gative economic climate (due In part to acts. of terrorism).. At its July 18. 2002 meeting, the
. Commission directed Staff to proceed with discussions with the applicant on the interim use of
the site subject to modification of the Development Agreement.
. Interim Redevelopine~t Proposal
The proposal includes the creation of a 155-space, public parking lot as an Interim use.
The request is to permit a parking lot within the Tourist District and to. reduce the side (north)
setback from 10 feet to two feet (to pavement), reduce the side (south) setback from 1 o feet to
two feet (to pavement) and to reduce the front (east) setback along Coronado Avenue from 15
feet to three feet (to pavement), as part of a Comprehensive Infill Redevelopment Project. The
reductions in setback will provide for a maximum number of parking spaces on the property.
The reductions in setbaqks and related landscaping is considered appropriate only due to the
temporary nature of the parking lot. .
. mcd0802
7
08/20/02
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The site plan includes a sIngle vehicle entrance/exit along Coronado Avenue. The
parking lot driveway will align with Third Street east of Coronado Avenue. A 1 O-foot wide
, pedestrian walkway will be provided, running easVwest, bisecting the site. It will be painted a
terracotta color as a means of visually separating vehicles and pedestrians. Pay stallons will be
located along the pedestrian walkway; a gated ticket booth will not be required. The lot will be
enclosed by, a 3.5 to four foot high, white, picket fence (except at two pedestrian and vehicle
entrances/exits). This will reduce cut-through behavior and encourage patrons to use the pay
stations. The fence tllong South Gulfview Boulevard should be located adjacent to the parking
spaces,.
The length of parking spaces required by Code is 19 feet (for lots designed with a 90-
degree angle). Typically, wheel stops are provided with a proper overhang space for the front
end of the vehicle. Wheel stops, however, are not used in this area of the beach because It 15
difficult to efficiently remove sand from the parking lots. To provide for ease of maintenance,
, the spaces In this lot will be 17 feet long and a continuous curb will be installed in lieu of, and In
the same location as, Individual wheel stops. The spaces will function like the standard-sized
spaces. Drive aisles are 24 feet wide to provide two-way circulation. Six handicap parking
spaces are provided along the western half of the site, adjacent to the pedestrian walkway.
Light poles, trash receptacles, benches and pay stations will be provided by the
applicant. lighting must meet Code requirements to avoid impacting sea turtle nesting areas.
The placement and design of these features will be subject to approval by the Parking System
Division of the Public Works Administration. A five-foot sidewalk will be provided along the
> entire frontage of Coronado Avenue and along a portion of South Gulfview Boulevard (where no
sidewalk currently exists). Directional signs will be sited in various locations of the lot to guide
the patrons to the pay stations. Identification signs will be provided along both streets and
comply with Code. Signs will be provided by the City. The lot will be open daily from 7:00 a.m.
to 10:00 p.m.
The parking lot will include a stormwater facility (swale) to accommodate 1.5-lnch of
retention, as required by the Southwest Florida Water Management District (SWFWMD). It will
be located along the front (west) property line along South Gulfview Boulevard. Landscaping
will be provided along the South Gulfview Boulevard frontage In association with the swals,
within the interior islands and along a portion of the Coronado Avenue frontage. The plan
Includes the use of grourid covers, shrubs and palms. The landscape plan needs to be
amended to include the'm:location of the fence, use of jasmine in lieu of sod within the swale,
replace'ment of oleander with beach sunflower adjacent to the spaces along South Gulfvlew
Boulevard and relocation of palms throughout the site to align with parking stall striping. These
changes will better screen the lot from adjacent streets, provide for adequate vehicle overhang,
and create a more attractive appearance. A note should be added to the plan requiring
landscape areas to have 100 percent coverage from a fully automatic, drip Irrigation system with
rain sensor and automatic shutoff.
Part of the submittal includes a future phase two adding 24 parking spaces within the
portion of South Gulfvlew Boulevard that is slated for vacation as part of the ultimate
redevelopment of the site as a hotel. The Development Agreement under consideration,
however, does not address phase two as part of the interim project use or In the lease terms.
The stormwater management for the sitet as designed, does not Include phase two and does
'not address. the concerns and requirements of SWFWMD. The timing of the Beach Walk
improv8':Tlents and the availability of the Sout,h Gulfvlew Boulevard right-of-way Is nol flnalized
mcd0802 8 08/20/02
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and Is subject to many unknown variables (Including design, funding and 'construction
schedule). Accordingly, phase two references need to be eliminated as part of a revIsed site
plan. Any additions to the Interim lot would need to be submitted as part of another site plan
application and Development Agreement amendment wl;len there is more certainty on the
capital project and a realistic schedule has been established.
The site may be used for an Interim period (until March 2006), until a resort hotel Is built.
The parking tot will be fully constructed by the applicant and leased to the City for operation and
maintenance. The lot must be bullt within 12 months of Development Agreement (amended)
.. and site plan approval. The tease agreement Is contained within the Development Agreement.
. The application and supporting materials were reviewed by the Development Review
Committee on May 16,2002. The Planning Department recommends APPROVAL of the
Flexible Development application to permit a parking lot within the Tourist District and to reduce
the side (north) setback from 10 feet to two feet (to pavement), reduce the side (south) setback
from 10 feet to two feet (to pavement) and to reduce the front (east) setback along Coronado
Avenue from'15 feet to three feet (to pavement), as. part of a Comprehensive Infill
. Redevelopment Project, under the provisions of Section 2-803., for the site at 301 South
Gulfv.iew Boulevard, with the following Bases for approval: 1) The propOsal complies with the
Flexible Development criteria as a Comprehensive Infill Redevelopment Project per Section 2-
803.C;. 2) The. proposal Is in compliance with other standards in the Code including the General
Applicability Criteria per Section 3-913; 3) The proposal furthers the goals establfshed In speCial
area plan governing the beacht Beach by Design, including the el1mination of modest hotels on
the beach and creating a more attractive place for residents and visitors; 4) The proposed
Interim use provides desired parking near the beach and enhances the viability of the resort
community; and 5) The fiexibillty in site design is warranted due to the temporary nature of the
parking lot; and Conditions of Approval: 1) That this application be effective upon (amended)
Development Agreement approval by the City Commission; 2) That the site plan, as amended,
be resubmitted without any reference to phase two (parking spaces within future.vacated South
Gulfview Boulevard), prior tei the issuance of any permits; 3) That a revised site plan be
submitted to and approved by Staff, and include: corrected parking space counts and
dimensions, additional bollards at the east and west openings of the pedestrian walkway, fence
details and relocation along South Gulfvlew Boulevard to the east side of the drainage swale,
and a note indicating that lighting will meet Code and light ffxtures, pay station and trash
receptacle locations will be properly located to the satisfactfon of Staff, prior to the issuance of
any permits; 4) That a revised landscape plan be submitted to and approved by Staff, prior to
the Issuance of any permits, including: the relocation of the fence along South Gulfview
Boulevard to the east side of the swale, use of jasmine in lieu of sod within the swale,
replacement of oleander with beach sunflower adjacent to the spaces along South Gulfview
Boulevard, relocation of palms throughout the site to align with parking stall striping, and the
addition of a note requiring landscape areas to have 100 percent coverage from a fully
automatic, drip Irrigation system with rain sensor and automatic shutoff; and 5) That all signage
, meet Code.
Member Hooper moved to recommend approval of Items C1 and C2, with conditions as
listed, Cases DA 01-01-01 and FLD 02-04-12. The motion was duly seconded and carried
unanimously. (Alternate Board Member Milam did not vote.)
mcd0802
9
08/20/02
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3. . Case: FLD 02~04-1 1 - 915 and 915 Y2 Turner Street
Owner/Applicant: Ms. Jennifer Carpenter.
Representative: Mr. GlIbert Jannelli. ,
Location: O.20-acres located on the south side of Turner Street, approximately 400 feet
west of Martin Luther King Jr. Avenue (formally South Greenwood Avenue).
Atlas Page: 296 A.
Zoning: MDR, Medium Density Residential District.
Request:
Termination of the status of a nonconforming use (three attached dwellings where one dwelling
unit Is permitted) within the Medium Density Residential District under the provisions of Section
, ' 6-109.C; and . , .
Flexible Development approval to reduce the side (east) setback from five feet to four feet (to
pavement) and reduce the side (west) setback from five feet to three feet (to pavement), as part
of a Resldentiallnfill Project, under the prOVisions of Section 2-304, and '
a Comprehensive Landscape Program to reduce required side buffers from 10 feet to zero feet
under the provisions of Section 3-1202.G.
Proposed Use: Three dwelling un,its within two existing structures and a new five-space parking
lot. '
Presenter: M~rk T. Parry, Planner.
The site is 0.20 acres located on ,the south side of Turner Street, approximately 400 feet
west of Martin Luther I<lng Jr. Avenue South (formally South Greenwood Avenue). It is located
within a neighborhood undergoing early redevelopment; It consists of a historic mix of single- '
,and multi-family dwelllngs located on similarly-sized properties. The site, developed 80 years
ago with the two existing buildings, currently contains three dwelling units. A 1,253 square foot,
, one-story building (Building A) contains a single dwelling unit and is located on the north side of
the site. A 1,635 square foot, two-story building (Building B) is located on the south portion of
the site and contains two dwelling units. The site has contained the t.hree dwelling units since at'
least 1920, according to a notarized statement from the County Property Appraiser's office. The
site is accessed from Turner Street via a single, driveway consisting to two strips of poorly
maintained, interlocking bricks. Solid wood fences exist along the side (east and west) and rear
(south) property lines. Trees and shrub material exist along the side (east) and rear (south) ,
property line.
The site is the subject of a current Code violation (COD2000-02411) involving interior
renovations to both buildings without permits. The renovations were required in order to make
the structures habitable. The value of required renovations, required to bring them into
compliance with Code. will exceed 50 percent of the value of the buildings. The Code requires,
under the provisions of Section 6-103.E., that. in the event a structure In which a nonconforming
use Is located is destroyed or damaged to 50 percent or more of the assessed value, the
structure may be repaired or restored only if the structure and the use conforms to the
standards of the development code for the zoning district in which it is located. The existing
structures are nonconforming with regard to density and rear (south),setback. The underlying
land use designation of Residential Urban Category permits a maximum of 7.5 dwelling units
per acre for the subject site or one dwelling unit (density Is rounded to the lowest whole
. number). The only option available to the applicant to redevelop the site and maintain the
current number of dwelling units is to request a Residentlallnfill Project and a termination of
status as a nonconformity use. '
mcdOB02
10
08/20/02
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. A Comprehensive Landscape Program is requested, due to narrow width of the property
and location of existing buildings. While the required perimeter buffer width of ten feet cannot
be met, the Intent of Code Is satisfied by existing and proposed plantlngs and existing six~fool
high, wood fencing. Landscape buffers four and three In width along the east and west property
lines, respectively, wlll be provided.
Building A is located 40 feet from the front (north) setback along Turner Street, 14 feet
from the side (west) property line and eight feet from the side (east) property line. Building B Is
less than one foot from the rear (south) property line, 10 feet from the side (west) property line
and 17 feet from the side (east) property line and a mlnirT!um of 50 feet from any other property.
line. Changes proposed for the site include four new parking spaces (in addition to single
existing parl<lng space) to be located along the east property line. The new driveway will be
: eight feet in width and will be constructed of interlocking pavers/bricks. Improvements to the
structures include significant rehabilitation of both buildings to Include new windows, doors,
siding, roofs, central alr~condltlonlng and heating and landscaping. The front and back porches
of Building A will be rebuilt. The structures wfll be painted off~while with sky~blue trim.
, ,
, The Development Review Committee reviewed the application and supporting materials
on May 16 and July 11, 2002. The Planning Department recommends approval for a
Termination of the. status of a nonconforming use (three attached dwellings where one dwelling
unit Is permitted) within the Medium Density Residential District under the provisions of Section
6-109.C, and Flexible Development approval to reduce the side (east) setback from five feet to
four feet (to pavement) and reduce the side (west) setback from five feet to three feet (to
pavement), as part of a Residentiallnfill Project, under the provisions of Section 2-304 and a
Comprehensive Landscape Program to reduce required side buffers from 10 feet to zero feet
under the provisions of Section 3~1202.G. for the site at 915 and 915 1/2 Turner Street, with the
following Basis for Approval: 1) The proposal complies with the Flexible Development criteria to
terminate the status of a nonconforming use per Section 6~1 09.C; 2) The proposal complies with
the Flexible Development criteria as a Comprehensive Landscape Program under the
provisions of Section 3~1202.G; 3) The proposal is in compliance with other standards in the
,Code Including the General Applicability Criteria per Section 3~913; and 4) The development is
compatible with and will enhance the surrounding area and Condition for Approval: 1) That ttle
, site be completely rehabilitated to address the pending Code violation (COD2000~02411) within
,six months (February 20, 2003) of approval of this application, to the satisfaction of Staff..
,It was questioned why the renovations had been started without a permit. Gilbert
Jannelli, representative, stated a permit for demolition had been pulled and that no work had
been done that was not allowed by that permit. He said the front building is not being
renovated. Ms. Fierce said the Building Official had cited ttie property for performing.
renovations without permit. Mr. Jannelll said no further renovations were done until this issue is
resolved. He said the workers had torn out existing problems but had not installed electrical
Items. Concern was expressed c1tfzens need to be educated regarding when permits are
required.
Planner Mark T. Parry said the request Is to allow 3 units to remain onsite. The building
Is' currently unsafe. Adequate parking needs to be added and permits need to be pulled for
necessary rehabilitation work.' In response to.a question, Mr. Parry said the area predominantly
consists of multl~famlly homes with two to six units. This action will terminate the property's
, nonMconformlty status. All required building permits wiil be required before onMslte work can
continue.
mcd0802 11 08/20/02
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Membe'r Mazur moved to approve Item C1 f with the listed condition, Case FLD 02-04-
11. The motion was duly seconded.. Members Gildersleeve, Mazur. Moran, Hooper, Doran,
and Chalf Petersen voted "Aye'; Member Plisko voted "Nay." Motion carried.
4. ' Case: APP2002-07002 - 193 Devon Drive
Owner: Christopher C. Mariani.
ApplicanVAppellant: Deborah L. Groen SoboleskI. (191 Devon Drive).
Location: 0.19 acres located on the south side of Devon Drive, approximately 600 feet
east of Hamden Drive .
Atlas Page: 276A.
Proposed Use: A 440 square foot dock with two boat lifts.
, Request:
, Appeal of a Level One (Flexible Standard Development) decision by the Community Development
Coordinator who approved certain deviations to dock requirements for the property located at 193
Devon Drive. under the appeal provisions of Section 4-'501 of the Community.Development Code.
" Presenter: Mark Parry, Planner.
. This 0.32:-acre site is located on the south side and terminus of Devon Drive,
approximately 1.350 feet east of Harnden Drive. The site fronts on a channel off of Clearwater
Harbor and i~ currently vacant. '
On January 18, 2002, Timothy Johnson, Jr., Esquire, filed an application for Flexible
Standard Development approval on behalf of Mr. Christopher C. Mariani (property owner) for a
,dock: It was later amended and refiled on January 28, 2002. (Refer to Exhibit A.) This
application requested an increase In the permitted length of a dock from 60 feet to 101 feet, due
to the proximity of sea grasses. Following the DRe meeting of February 14, 2002, the applicant
submitted a second amendment to the application. The March 5, 2002 submittal included a
letter stating the overall length of dock would be 95 feet (refer to Exhibit S.) An April 14, 2002
letter and accompanying site plan included a 92-foot long dock (refer to Exhibit C).
Section 3-601.C.1.b of the Code provides that the length of docks and boatlifts that
serve a single-family dwelling shall not exceed 25 percent of the waterway or half of the width of
the property me'asured at the waterfront property line, whichever is less. In this case, the lot is
120 feet wide at the east, waterfront property line and the waterway is approximately 700 feet
wide. In this case, half of the lot width is used to determine permitted length of the dock and is
60 feet.'
The proposed dock was shown 128 feet from the extended east property line and 44 feet
from the extended west property line. The boatlift location was shown 30 feet from the west
property line.
Section 3-601. C.1.g of the Code provides for deviations from dock requirements for
single-family (and two-family) dwellings. The Community Development Coordinator may grant
deviations as part of a Level One. Minimum Standard review, provided signed and notarized
stater:nents of no objection are secured from both adjacent waterfront property owners. In the
event such statements cannot be obtained) deviations are reviewed under Flexible Standard
Development applications I based on ~ of the following criteria: 1) That the proposed dock will
result in no navigational conflicts and the length of the proposed dock will not exceed 25 percent
of the width of the waterway; or 2) The proposed dock location needs to be adjusted to protect
mcdOB02 12 06/20102
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environmentally sensitive areas; or 3) The property configuration precludes the placement of a
dock In compliance with the required dimensional standards; however, the proposed dock will '
,be similar In dimensional characteristics as surrounding dock patterns.
The applicant was not able to provide statement of no objection from both adjacent
waterfront property owners and applied as part of a Level One, Flexible Standard Development
, review. Consent was provided from the adjacent property owner to the east ("Ieft"), at 195
Devon Drive, within the application submittal (Exhibit A). As part of his submission, the
applicant provided documentation from the Plnellas County D.epartment of Environmental
Management stating that there are no navigational concerns associated with the proposed dock.
It was also stated that the proposed structure Is more environmentally sensitive than the existing
structure, reducing negative environmental impacts to existing sea grasses. The Development
Review Committee (DRC) reviewed the application on Febru'ary 14,2002. There were no
objections raised by the DRC whose members Include the Environmental Manager of the Public
Works Administration and Harbormaster.
The application was approved by the Community Development Coordinator (Planning
Director) through its designee (Assistant Planning Director) on July 22, 2002 (refer to attached
Staff Report and Development Order for case FLS 02-01-03, Exhibits D and E). It should be
noted that the Community Development Coordinator supervised the review of this application
and the decision made, as is done with all cases. During the Coordinator's absence from the
office, the Assistant Planning Director was designated to act on behalf of the Planning Director'
on all matters, including the issuance of the Development Order. ,
The application was approved with the following Bases for approval: 1) The proposal
complies with the Flexible Standard Development criteria under the provisions of Section 3-
601.C.g; 2) The proposal, as amended, is In compliance with other standards in the Code
including the General Applicability Criteria per Section 3-913; and 3) The development, as
amended. is compatible with the surrounding area; and Conditions of approval: 1) That a
building permit for the proposed dock only be issued concurrently with, or subsequent to.
building permit issuance for a principal, residential structure on the site; 2) That the proposed
dock be relocated far1her east (with the dock head centered on the midpoint of the waterfront
property line, as measured at the seawall) and constructed perpendicular to the waterfront
property line;. 3) That the relocation of the dock meet all criteria under Section 3-601.C.1; and 4)
That revised plans reflecting conformance with condition #2 be submitted with the building
permit application, to the satisfaction of staff. '
Member Pliska declared a conflict of interest.
Assistant City Attorney Leslie Dougall-Sides said the appellant has requested this item
be removed from the Consent Agenda and scheduled for a quasi-judicial hearing.
Maxwell Battle Jr., representative for the appellant. said the entire packet presented to
the Planning Department for distribution to the Community Development Board is part of the
appeal. He said based on public polley, the CDS should hear the appeal. He said the Assistant,
Planning Director had e'rred when approving the dock. Discussion ensued regarding staff's
decision and the requirement to center the dock on the applicant's property.
Ed Armstrong, representative for the applicant, said approval of the applicant's request
required It to meet one of three grounds of approval. He said the request meets at least two
mcd0802 13 08/20/02
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Issues. He said no evidence was presented that staff had misinterpreted the Code or that the
decision was detrimental to health and safety Issues. He said the length of the proposed dock
, Is justified by Pinellas County sea grass requirements.
Mr. Battle requested the decision to pull the Item not be based on the likelihood of an
outcome. In response to a question, Ms. Dougall-Sides said the Code does not establish a
standard for pulllng items from the Consent Agenda. She said the board would need a reason
to pull It off the Consent' Agenda. She said the appellant had not addressed how staff had
misconstrued the Code. If the CDB does not hear the case, the appellant can appeal to a
Hearing Officer.
, Ms. Tarapani said staff performed a complete revIew of the issue and considered all
submissions. She s~id staff had acted appropriately and had provided an opportunity for all to
participate. She said the Issue is a balance between the applicant's property rights with rights of
nearby, residents. Photographs submitted by the appellant are based on a different location for
the dock. The applicant has not submitted a revIsed plan yet, to show conformance with one of
the conditions of 3pproval. Mr. Armstrong said the applicant accepts all conditions
recommended by staff.
In response to' a question, Ms. Tarapanl said the site plan Is complete as submitted at
this point In the process~ The applicant will need to submit engineering drawings before
construction can begin.
Mr. Battle said the appellant is disadvantaged when the dock plans are changed and
,cannot determine how the change will affect vistas. Ms. Tarapanl said Mr. Battle had been
asked to make an alternate recommendation. The applicant did not accept the suggestion to
locate the dock on the east end of the property. Mr. Battle said his entire submission should be
distributed to each COB member. In response to a question, Mr. Battle said the dock should be
located as far east on the property as possible to protect his client's vista. It was noted if
residents adhered to Mr. Battle's recommendation related to site lines, no docks would be
permitted on Devon Drive. Deborah L. Groen Soboleski, appellant, requested the item be pulled
from th,e Consent Agenda so the board could hear what she has to say.
Ms. Tarapani said the proposed dock complies with the code. It will not shade grass
beds. It is shorter than adjacent docks, and almost equal to the second of the appellant's two
docks. The requested dock Is not out of character with the neighborhood. In response to a
question, Ms. Tarapani said one of the conditions of approval she imposed as part of the
approval clearly Indicates the dock must be constructed at the center of the property.
, There was no motion to remove Item C4 from the Consent Agenda.
, .
Member Hooper moved to approve the Consent Agenda related to Item C4, Case
APP2002-07002. The motion was duly seconded and carried unanimously. Member Plisko
abstained. Alternate Board Member Milam voted. The Board confirmed the decision of the
Community Development Coordinator.
The COB recessed from 3:45 to 3:56 p.m.
mcd0802
08/20102
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This annexation involves five (5) vacant parcels of land located on the east side of South
Bayview Avenue and on the north and south sides of Penmar Drive, north of Old Tampa Bay.
Combined, these vacant properties are approximately 57,499 square feet or 1.32 acres. The
, pro'perties are contiguous with the existing City boundaries to the north, south, east and west;
. theref9re, the proposed annexation is consistent with Florida Statutes with regard to voluntary
annexation.
, A companion application to change the Future Land Use Plan category of this site from
Residential Low (RL) to Institutional (I), and to rezone It from One. Two & Three Family
ResIdential (R-4) to Institutional (I) Is being processed concurrently with this annexation request
, In LUZ 2002~05006 (see agenda item D-2). Staff recommends approval.
Three people opposed the request.
In response to a question, Ms. Dougall-Sides said placement of the on-site sIgn meets
Code. While the Bayvlew Homeowners Association may not have been noticed formally, Ms.
, Dougall-Sides stated the association was aware of today's meeting as evidenced by the
presence today of association members. She opined notice requirements had been met.
According 'to the City Clerk mailing list, notices were mailed to all residents. even those who
claimed otherwise. '
Member Moran moved to recommend approval of Item 01, Case ANX2002-05007. The
motion was duly seconded and carried unanimously. (Alternate Board Member Milam voted.)
2. Case: LUZ2002-05006 -717,719,721, 723 & 725 South Bayvlew Avenue; 3018 & 3024
Pen mar Drive; and Lot 5, Tract B of the Myron A. Smiths Bay View SubdivIsIon '
Owner/Applicant: Our Lady of Divine Providence. House of Prayer, Inc.
,Representative: Harry S. Cline,' Esquire. .
Location: 3.08 acres located on the east side of South Bayview Drive and on the north
and south sldl3s of Penmar Drive, north of Old Tampa Bay.
Atlas Page: 301A.
Request: Land Use Plan amendment from RL, Residential Low (County) to I, Institutional
(Clty)(pendlng ANX2002-05007); and
Rezoning from R4, One, Two & Three Family Residential (County) and LDR, Low Density
Residential (City) to I, Institutional (City)(pendlng ANX2002-05007).
mcd0802 15 08/20102
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Proposed Use: A new 12,000 square foot Place of Worship facility in addition to the three
existing retreat buildings.
Presenter: Marc A. Mariano, Planner.
This Future Land Use Plan amendment and rezoning application involves eight (8)
parcels of land located on the east side of South Bayview Drive and on the north and south
sides of Penmar Drive, south of Gulf To Bay Boulevard. These properties are approximately
134,164 square feet or 3.08 acres. Three' of the parcels are occupied by structures used In
conjunction with the applicanfs adjacent property; the remainder of the parcels are vacant.
Currently, the applicant has no plans to modify any of the three existing structures located on
the subject site. A companion application to annex the five vacant properties into the City of
Clearwater is being processed concurrently with this land use plan and rezoning amendment
, (Case# ANX 2002-05007). .
All of Ule parcels on the subject site have a Future Land Use Plan designation. of
Residential Low (RL). The properties located In' the County are zoned One, Two & Three
Family Residential (R-4) and the properties located In the City are zoned Low Density
Residential (LDR). The appllca'nt is requesting to amend the Future Land Use Plan to designate
all of the properties Institutional and to rezone them to the Institutional (I) District to . .
accommodate a place of worship on this site. The applicant intends to raze a 3,500 square-foot
place of worship facility used for meditationt schooling, library and administration purposes on
its property west of the subject site and relocate/construct a new 12,000 square-foot place o~
worship comparable in use dn the proposed site.
In accordance with the Countywide Plan Rules, the land use plan amendment is subject
to approval by the Pinellas Planning Council and Board of County Commissioners acting as the
Countywide Planning Authority.
The proposed Institutional land use plan classification and the Institutional zoning district
are well suited for the surrounding uses. The neighborhood is surrounded by institutional and
low medium density residential uses. The proposed place of worship use will blend into the
existing neighborhood and serve as a buffer between transportation/utility and water/drainage
uses to the east and low medium density residential uses to the west and north. Finally, the
proposed Institutional Future Land Use classification and Institutional zoning district are
consistent with both the City and the Countywide Comprehensive Plans, are compatible with the
surrounding area, do not r~quire nor affect the provision of public services, are compatible with
the natural environment and are consistent with the development regulations of the City.
The Planning Department recommends approval of the following actions: 1) Amend the
Future Land Use Plan designation of 717, 719, 721, 723 and 725 South Bayview Avenue &
3018 and 3024 Pen mar Drive; and Lot 5, Tract B of the Myron A. Smiths Bay View Subdivision
from Residential Low (RL) to Institutional (I)(pending case # ANX 2002-05007) and 2) Amend
the Zoning District designation of 717.719,721.723 and 725 South Bayview Avenue & 3018
and 3024 Pen mar Drive; and Lot 5, Tract B of the Myron A. Smiths Bay View Subdivision from
County One, Two & Three Family Residential (R-4) and City Low Density Residential (LDR) to'
Institutional (I) zoning district (pending case # ANX 2002-05007).
In response to a question, Planner Marc A. Mariano saId according to plans, current
buildings will be retained. As the total land area of 6.09 acres exceeds the County threshold of
5 acres, the Land Use Plan Amendment, must be, changed to Institution. As uses are not being
mcd0802 16 08/20/02
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added, the traffic engineer felt the change would not adversely affect Gulf-to-Bay Boulevard
traffic. In response to a question, Mr. Mariano reviewed possible uses permitted under
Institutional zoning. However" the County does not allow those uses in a flood plain, such as
the one existing on the subject property.
,Harry Cline, representative, said parking issues will be addressed during the site plan
process. He said the request is consistent with nearby land uses and zoning.' He said the
meditative retreat has been In its current location for more than 20 years. He said the changes
will not.unreasonably Impact the community. The retreat, associated with the Roman Catholic
Church, can schedule Mass only once a week, on Tuesdays at 2:00 p.m. Except for that one
event; most people arrive in random patterns. The new building, a house of prayer, will replace
one across the street. The retreat does not intend to increase its capacity but to Improve its
. quality In a larger building. He referenced five letters from neighbors supporting,the project.
Robert Pergolizzi and Robert Resch, representatives, spoke in support of the project.
Mr. Pergollzzi stated if 15 homes were constructed on the property, the number of dally trips
would be greater than for a retreat. He said many trees would have to be removed for home
construction. while the proposed project aims to retain as many trees as possible. He said the
project meets County goals to avoid construction of homes in a flood plain. Mr. Resch said the
current prayer chapel needs significant repairs. The retreat has removed 6,000 square-feet of
structures and plans to remove another 4,100 square-feet. The new building is a concept at this
point. On-site grass,parking is planned with paved parking to comply with City requirements.
Mr. Resch said most attendees are' mature adults. The site will center on a large water feature
, and comply with ADA (Americans with Disabilities Act) requirements. As proposed, he said the
, project will retain the neighborhood's residential character.
Diane Brown, President and' Director of the Our Lady of Divine Providence, House of
Prayer, Inc.; reviewed the history of the retreat, which attracts people from around the world. A
spiritual director ministers to their needs. An on-site school teaches spiritual direction. She said
, most attendees fly here and arrive via airport transport. The 1 DO-member volunteer ~taff works
staggered schedules. In response to a question, she said the retreat can accommodate 35.
She said the new facility is strictly a house of prayer a'nd will not feature overnight
accommodatlons. She said the Catholic Church does not permit on-site weddings, funerals,
baptisms, or other services like a normal church has. In response to a question, she said the
prayer chapel will accommodate 125 for Tuesday Mass,
Phil Graham, landscape architect, reviewed plans for a passive, reflective, and ,
, contemplative' retreat with open vistas, added trees and plantings, and benches positioned in
niches with vistas. He said the project will ~ave a low Impact on the environment.
Six persons opposed the request.
Mr. Cline presented a letter from SWFWMD (Southwest Florida Water Management
. District) indicating referenced fill was not In violation of the law. Ms. Tarapani said while an
Indian midden is on-site; it Is not a burial ground. It is possible the project will meet all
standards without flexibility. Ms. Dougall-Sides said it Is necessary for the CDB to base Its
recomme~dation on competent evidence. ' '
It was stated residents demanding that no change occur in the area were silent when the
nearby mobile home 'park was removed. It was felt single-family residences, built on ,stilts, '
mcd0802 17 08/20/02
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would block views' and impact,the neighborhood more significantly than ~he retreat. It was noted
, this prlstlfle spot is one of few remaining In the area. It was felt it is Important to retain the
property's q~let ambiance. '
Member Doran moved to approve Item 02 with conditions as listed" Case LUZ2002-
05006. The motion was duly seconded and carried unanimously. (Alternate Board Member
Milam voted.) , '
, , E. DIRECTOR'S ITEMS: '
" '1. "Revised 'time exten'slon request
,Dolphin Point '
,October 16, 2002 to,October 1612003
. (FL 01,:,08-26) ,
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, Ms. Fierce said the applicant has requested a time extension to apply for a building
~ permit..
, Member Hoop~r moved to revise the time extension request'for Dolphin Point from.'
"October 16,' 2002 to October 16, 2003, Case Florida 01-08-26. The motron was duly seconded "
and carried unanimously. (Alternate Board Member Milam voted.)" ,,' , , ' '
, F. ADJOURNMENT, .
':, "The meeting adjourned at 5:52 p.m.
\1 \~ Chair ' '
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