Minutes for Approval - October 21, 2008
COMMUNITY DEVELOPMENT BOARD MEETING MINUTES
CITY OF CLEARWATER
October 21, 2008
Awaiting approval
Present: Nicholas C. Fritsch Chair
Thomas Coates Vice-Chair
Dana K. Tallman Board Member
Jordan Behar Board Member
Frank L. Dame Board Member
Doreen DiPolito Board Member
Richard Adelson Board Member
Norma R. Carlough Alternate/Acting Board Member
Also Present: Gina Grimes Attorney for the Board
Leslie Dougall-Sides Assistant City Attorney
Gina Clayton Assistant Planning Director
Brenda Moses Board Reporter
The Chair called the meeting to order at 1:00 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.
C. APPROVAL OF MINUTES OF PREVIOUS MEETING:
September 16, 2008
Member Dame requested that regarding the minutes of the regular Community
Development Board meeting of September 16, 2008, that sentence 4 of paragraph 7 on page 4
read ??Joe Vatalero.?; and that sentence 5 of paragraph 7 on page 4 read ??Mr. Vatalero?s??
Member Behar moved to approve the minutes of the regular Community Development
Board meeting of September 16, 2008, as corrected. The motion was duly seconded and
carried unanimously. Alternate Member Carlough did not vote.
D. CONTINUED ITEMS (Items 1 ? 2):
1. Case:
REZ2008-07007 ? 2855 Gulf-to-Bay Boulevard Level Three Application
Continued from the meeting of September 16, 2008
Owner/Applicant:
BVG Acquisition, Inc.
Representative:
Katherine E. Cole, Esq.; Johnson Pope, Bokor, Ruppel & Burns, LLP
(911 Chestnut Street, Clearwater, FL 33756; telephone: 727-461-1818).
Location:
28.32 total acres located generally at 2855 Gulf-to-Bay Boulevard (south side
of Gulf-to-Bay Boulevard between Cross Boulevard [east] and Sky Harbor Drive
Atlas Page:
[west]).300A. and 300B.
Request:
Application for Zoning Atlas amendment approval from the Medium Density
Residential (MDR) District to the Medium High Density Residential (MHDR) District
under the provisions of Section 4-602 of the Community Development Code.
Existing Uses:
An assisted living facility providing independent living and congregate
care
Proposed Uses:
A life care center providing assisted independent living and congregate
care and skilled nursing.
Community Development 2008-10-21 1
Neighborhood Associations:
Clearwater Neighborhoods Coalition.
Presenter:
Gina Clayton, Assistant Planning Director.
Member Dame moved to accept Gina Clayton as an expert witness in the fields of
zoning, annexations, land use/rezoning applications and demographics, land development code
and land development code amendments, and general planning. The motion was duly
seconded and carried unanimously.
Assistant Planning Director Gina Clayton presented the request.
See Staff Report: Exhibit REZ2008-07007 2008-10-21
Ed Armstrong, representative, stated this rezoning request is related to the next case.
He said the applicant has had conversations with his neighbors, and expected more questions
regarding the site plan than the rezoning application.
Member Dame moved to recommend approval of Case REZ2008-07007 based on the
evidence and testimony presented in the application, the Staff Report and at today?s hearing,
and hereby adopt the Findings of Fact and Conclusions of Law stated in the Staff Report. The
motion was duly seconded and carried unanimously. Alternate Member Carlough did not vote.
2. Case:
FLD2008-05012 ? 2855 Gulf-to-Bay Boulevard Level Two Application
Owner/Applicant:
BVG Acquisition Inc.
Representatives:
Marc Mariano and Bryan Zarlenga, Tampa Bay Engineering Group Inc.
(380 Park Place Blvd, Suite 300, Clearwater, FL 33759; phone: 727-531-3505; fax: 727-
531-1294; e-mail: mmariano@tbegroup.com).
Location:
31.12 total acres located generally at 2855 Gulf-to-Bay Boulevard (south side of
Gulf-to-Bay Boulevard between Cross Boulevard [east] and Sky Harbor Drive [west]).
Atlas Page:
300 A and300B.
Zoning:
Commercial (C), Office (O) and Medium Density Residential (MDR) Districts (see
companion Case REZ2008-07007 on this agenda to rezone that portion zoned MDR to
Medium High Density Residential [MHDR] District).
Request:
Flexible Development approval for the redevelopment of the overall 31.12-acre
property zoned Commercial (C) District, Office (O) District and proposed Medium High
Density Residential (MHDR) District (companion rezoning Case REZ2008-07007) to
permit a total of 229 attached dwellings (Independent Living Units) (73 units existing to
remain; 156 units proposed), a total of 40 nursing home beds (proposed) and a total of
170 beds of assisted living facility (94 beds existing to remain; 76 beds proposed); (A) In
the Commercial (C) District with a lot area of 2.45 acres, a lot width of 200 feet along Gulf-
to-Bay Boulevard (north) and a total of 210 feet along Cross Blvd, a front (north) setback
along Gulf-to-Bay Boulevard of four feet (to existing sign) and 28 feet (to existing
pavement), a front (east) setback along Cross Blvd of one-foot (to existing pavement), a
front (north) setback along Cross Boulevard of 25 feet (to proposed guardhouse), a side
(east) setback of five feet (to existing pavement), a side (west) setback of two feet (to
existing pavement), a side (north) setback of zero feet (to existing pavement) and a
building height of 81 feet (to roof deck of existing assisted living facility building), as a
Comprehensive Infill Redevelopment Project in the Commercial (C) District, under the
provisions of Section 2-704.C; (B) in the proposed Medium High Density Residential
(MHDR) District with a lot area of 28.33 acres, a lot width along Sky Harbor Drive of 282
feet, a reduction to the front (west) setback along Sky Harbor Drive from 25 to 21 feet (to
existing building), a reduction to the side (east) setback from 10 to five feet (to existing
Community Development 2008-10-21 2
pavement), a reduction to the side (west) setback at the southeast corner of the adjacent
nursing home parcel from 10 to five feet (to proposed pavement), an increase to building
height from 30 to 82 feet (to top of roof of proposed building) and a reduction to the
required number of parking spaces from 583 to 426 parking spaces, as a Residential Infill
Project under the provisions of Section 2-304.G; and (C) Reductions to perimeter buffers
along Cross Blvd (east) from 10 feet to one foot (to existing pavement), along the east side
from seven to five feet (to existing pavement), along the west side from five to two feet (to
existing pavement), along the north side from 10 feet to zero feet (to existing pavement)
and at the southeast corner of the adjacent nursing home parcel from 10 feet to five feet
(to proposed pavement), as a Comprehensive Landscape Program under the provisions of
Section 3-1202.G.
Proposed Use:
229 attached dwellings (Independent Living Units) (73 units existing to
remain; 156 units proposed), a total of 40 nursing home beds (proposed) and a total of
170 beds of assisted living facility (94 beds existing to remain; 76 beds proposed).
Neighborhood Association:
Clearwater Neighborhoods Coalition.
Presenter:
Wayne M. Wells, AICP, Planner III.
Michael Foley, representative for HarbourWood Health and Rehab Center, requested
Party Status.
Member Dame moved to grant Michael Foley Party Status. The motion was duly
seconded and carried unanimously. Alternate Member Carlough did not vote.
Lou Hilton, representative for Allen Stowell, requested Party Status.
Member Dame moved to grant Lou Hilton Party Status. The motion was duly seconded
and carried unanimously. Alternate Member Carlough did not vote.
Member Behar moved to accept Wayne Wells as an expert witness in the fields of
zoning, site plan analysis, code administration, and planning in general. The motion was duly
seconded and carried unanimously. Alternate Member Carlough did not vote.
Planner Wayne Wells presented the request. Due to an advertising error, the CDB
continued this application from the September 16, 2008.
See Staff Report: Exhibit FLD2008-05012 2008-10-21 and Staff Memorandum: Exhibit
FLD2008-05012 2008-10-21 MEMO.
Mr. Wells said the HarbourWood Health and Rehab Center property has existing
easements. Impacts to trees on both side of Cross Boulevard are not severe. Staff opposes a
reduction to the east side setback.
Ed Armstrong, representative, said the applicant has spoken with neighboring property
owners and with City staff. He said before permits are issued, Condition #5 requires the
applicant to assist the City in resolving gating issues in relation to HarbourWood. He said the
Post Office will designate the address. He said the applicant has reached an accord with
HarbourWood to redefine property rights.
Marc Mariano, Project Manager at TBE Group, reviewed his background. Mr. Armstrong
requested that Marc Mariano be accepted as an expert witness in land use planning.
Community Development 2008-10-21 3
Member Coates moved to accept Marc Mariano as an expert witness in the field of land
use planning. The motion was duly seconded and carried unanimously. Alternate Member
Carlough did not vote.
Mr. Mariano said City staff reviewed the plan as it evolved. The applicant met
extensively with two adjoining property owners and held a neighborhood meeting on June 23,
2008. He said referenced deviations have existed for more than 40 years without any known
impact on adjoining property owners. He said the primary building for the adult/senior care
facility will be four stories. However, due to site grade changes, part of the building?s west side
will be three stories and the east side will be five stories. The facility will comply with
stormwater and SWFWMD (Southwest Florida Water Management District) regulations. He
said the campus will be gated; the two electronic gates on Gulf-to-Bay Boulevard will not
impede access to HarbourWood. He said the project will be heavily landscaped and the
applicant tried to save as many trees as possible. He said while most of Loving Lane, which
runs through the center of the property, will remain in its current location; it will be shifted a little
to the west and south. He said to ensure the site is secured, Loving Lane will dead end at
Cross Circle, south of HarbourWood.
Mr. Mariano said three of six requested deviations are new; the others exist. He said
any nonconformities and setbacks on the north portion of the parcel will meet Code when it is
developed. He said the project requests 426 parking spaces where 583 are required. He said
the additional parking would be impractical for a garden style apartment senior living facility and
would impact the natural groundwater recharge, and require unnecessary grading and tree
removal. He said a parking sufficiency study on a similar facility in Florida had determined a
need for 378 parking spaces during peak hours. He said according to the Institute of Traffic
rd
Engineer?s Parking Generation, 3 Edition, the project needs 381 spaces. Mr. Mariano said
proposed parking is more than sufficient.
Mr. Mariano reviewed the request to reduce the easterly setback from 10 to five feet and
reduce the landscape buffer from seven to five feet, which is an existing nonconformity on Cross
Boulevard. He said a decorative fence, hedgerow, and ornamental landscaping on Cross
Boulevard will limit the project?s impact on the adjoining property owner. He said moving Loving
Lane will impact several mature trees. He said the cottage locations were tweaked to avoid
impacting trees. He said the project will not impact uses to the adjoining property to the east.
He said the two north side setback reductions being requested have existed for 40 years and
abut a concrete pad for an air conditioning system, parking space, and part of a parking lot that
serves the ALF building. He said that area will conform with Code when it is developed. He
said the adjoining property has always been vacant except for a billboard and occasional
fireworks sales.
Mr. Mariano agreed with most of the Staff Report, except for the requirement to improve
the eastern property line, and staff?s recommendation to move Cross Boulevard westward, as it
would impact trees onsite. He said moving Cross Boulevard could impact at least six trees,
which are mostly oaks.
Michael Foley, Party Status holder, representing HarbourWood Health and Rehab, said
his client had reached a compromise with the applicant. He said the applicant addressed his
client?s concerns regarding access. He said an address change would cripple HarbourWood, a
nonprofit organization, and cause a disruption to Medicare reimbursements.
Community Development 2008-10-21 4
Lou Hilton, Party Status Holder, representing Allen Stowell, requested that he be
accepted as an expert witness. He said Cross Boulevard, a private road, has existed since
1966. He said a five-foot east buffer would have a major impact on Mr. Stowells? property. He
said this large redevelopment project should be required to meet setback requirements.
Member Tallman moved to accept Lou Hilton as an expert witness in his field. The
motion was duly seconded and carried unanimously. Alternate Member Carlough did not vote.
Allen Stowell said he had owned his property since 1952. He said moving the roadway
would impact more trees than reported. He expressed concern the project did not address
water retention. He requested a 10-foot wide setback along the eastern property line to provide
more room for trees and landscaping.
Mr. Mariano said the only setback request is to the eastern property line. He said the
applicant wished to preserve as many trees as possible. He said shifting the roadway would
impact trees, compromise the project, and affect the natural beauty of the site. He counted four
trees that would be impacted by moving the roadway. Mr. Stowell indicated two trees on his
property would be impacted.
It was commented that most concerns seem to be with the setback issues. Discussion
ensued regarding moving Loving Lane with concern expressed that the 28-inch tree should be
protected. It was suggested an eight-foot setback be considered. Support was expressed for
staff?s recommendation to deny the requested five-foot setback.
Attorney for the Board Gina Grimes reviewed flexible criteria issues.
Member Adelson moved to approve Case FLD2008-05012, based on the evidence and
testimony presented in the application, the Staff Report (Exhibit FLD2008-05012 2008-10-21)
and Staff Memorandum (Exhibit FLD2008-05012 2008-10-21 MEMO), and at today?s hearing,
and hereby adopt the Findings of Fact and Conclusions of Law stated in the Staff Report, with
conditions of approval as listed in the Staff report. The motion was duly seconded and carried
unanimously. Alternate Member Carlough did not vote.
E. CONSENT AGENDA: 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 (Items 1 ? 6):
Community Development 2008-10-21 5
1.
Item Pulled From Consent Agenda
Level Two Application
Case:
FLD2008-05013 ? 100 Coronado Drive (Related to DVA2008-00001)
Owner:
K & P Clearwater Estates, LLC.
Applicant:
Clearwater Beach Resort Hotel, LLC.
Representative:
E.D. Armstrong III, Esquire, Johnson, Pope, Bokor, Ruppel & Burns,
LLP (P.O. Box 1368, Clearwater, FL 33757; phone: 727-461-1818; fax: 727-462-0365;
e-mail: eda@jpfirm.com).
Location:
2.75 acres located directly south of Pier 60 between Coronado Drive and
South Gulfview Boulevard, north of Second Street.
Atlas Page:
276A.
Zoning:
Tourist (T) District.
Request:
(1) Flexible Development approval to Terminate the Status of a Nonconformity
for density (200 overnight accommodation units; where 137 overnight accommodation
units are permitted today) within the Tourist District, under the provisions of Section 6-
109.C; (2) Flexible Development approval to permit a 450-unit Overnight Accommodation
use (through an increase of the permitted density of 250 overnight accommodation units
from the density pool created pursuant to Beach by Design), with a lot area of 119,856
square-feet (2.75 acres), a lot width of approximately 545 feet along Coronado Drive and
227 feet along proposed Second Street, a front (east along Coronado Drive) setback of
zero feet (to building and pavement), a front (south along proposed Second Street)
setback of 18.83 feet (to building), a front (west and north along South Gulfview
Boulevard) setback of zero feet (to building), a building height of 150 feet (to roof deck)
and either 463 valet-only parking spaces or 455 valet-only parking spaces with eight public
parking spaces at 1.028 or 1.011 parking spaces per hotel room, respectively, as well as
the allowance of a two-year time frame to submit for a building permit, as a
Comprehensive Infill Redevelopment Project, under the provisions of Section 2-803.C; (3)
To reduce the required foundation landscaping along Coronado Drive and S. Gulfview
Boulevard from five to zero feet (to building and pavement), as a Comprehensive
Landscape Program, under the provisions of Section 3-1202.G; and (4) Vacation of a
portion of S. Gulfview Boulevard (former bridge landing).
Proposed Use:
Overnight accommodation use of a total of 450 rooms (163.6
rooms/acre on total site) and a maximum of 37,000 square-feet (0.31 FAR on total site)
of amenities accessory to the hotel at a height of 150 feet (to roof deck).
Neighborhood Associations:
Clearwater Beach Association and Clearwater
Neighborhoods Coalition.
Presenter:
Wayne M. Wells, AICP, Planner III.
By unanimous consent, the board accepted Wayne Wells as an expert witness in the
fields of zoning, site plan analysis, code administration, and planning in general, and agreed to
enter his resume into the record.
Planner Wayne Wells reviewed the request.
See Staff Report: Exhibit FLD2008-05013 2008-10-21
In response to concerns that some parking study factors had been minimized, Mr. Wells
said staff had reviewed the plan and parking studies extensively and supported the request as
submitted.
Roy Chapman reviewed his background and submitted his resume to the board.
Community Development 2008-10-21 6
Member Coates moved to accept Roy Chapman as an expert witness in the fields of
transportation and parking. The motion was duly seconded and carried unanimously. Alternate
Member Carlough did not vote.
Roy Chapman, professional design engineer with Florida Design Consultants, said the
parking study considered demand by staff work shifts, hotel occupancy, and banquet attendees.
He said most guests will fly to the area and arrive by limousine. He said not all employees or
guests would need parking spaces. Concern was expressed that 90 parking spaces would be
insufficient for a banquet with hundreds of attendees. Mr. Chapman said some special events
could create the need for parking in adjacent lots. It was suggested additional guests may be able
to park in a planned City parking garage. Concern was expressed that parking is an issue at the
beach and may be insufficient for this project. Mr. Chapman said the application exceeds Code
requirements. He said it would be impossible to provide enough parking to meet every scenario.
Ed Hooper, Constance Group, said based on Mr. Chapman?s expert testimony, the project
provides sufficient parking. He said parking alternatives are nearby. He said the resort?s operator
does not want unhappy guests and will ensure valet staff is sufficient to move vehicles efficiently.
Concern was expressed that parking will be insufficient during special events. It was
stated that all necessary parking studies had been performed and that beach parking always will
be an issue during peak times. It was felt the project would be a fantastic addition to the beach
and City economy. It was recommended that staff develop an industry standard with respect to
occupancy/parking ratios for hotels.
Member Coates moved to approve Case FLD2008-05013 based on evidence in the
record, including the application and the Staff Report, and hereby adopt the Findings of Fact and
Conclusions of Law stated in the Staff Report, with conditions of approval as listed. The motion
was duly seconded and carried unanimously. Alternate Member Carlough did not vote.
2.
Item Pulled from Consent Agenda
Level Three Application
Case:
DVA2008-00001 ? 100 Coronado Drive (Related to FLD2008-05013)
Owner/Applicant:
K & P Clearwater Estate, LLC.
Representative:
E.D. Armstrong III, Esquire, Johnson, Pope, Bokor, Ruppel & Burns,
LLP (P.O. Box 1368, Clearwater, FL 33757; phone: 727-461-1818; fax: 727-462-0365;
e-mail: eda@jpfirm.com).
Location:
2.75 acres located directly south of Pier 60 between Coronado Drive and
South Gulfview Boulevard, north of Second Street.
Atlas Page:
276A.
Request:
Review of, and recommendation to the City Council, of an amended and
restated Development Agreement between K & P Clearwater Estate, LLC (the property
owner) and the City of Clearwater.
Proposed Use:
Overnight accommodation use of a total of 450 rooms (163.6
rooms/acre on total site) and a maximum of 37,000 square-feet (0.31 FAR on total site)
of amenities accessory to the hotel at a height of 150 feet (to roof deck).
Neighborhood Association:
Clearwater Beach Association and Clearwater
Neighborhoods Coalition.
Presenter:
Wayne M. Wells, AICP, Planner III.
See Staff Report: Exhibit DVA2008-00001 2008-10-21
Community Development 2008-10-21 7
Member Coates moved to recommend approval of Case DVA2008-00001 based on
evidence in the record, including the application and the Staff Report, and hereby adopt the
Findings of Fact and Conclusions of Law stated in the Staff report. The motion was duly
seconded and carried unanimously. Alternate Member Carlough did not vote.
3. Case:
FLD2008-08025 ? 1160 Mandalay Point Road Level Two Application
Owner/Applicant:
James P. Gills III and Joyce P. Gills
Representative:
E.D. Armstrong III, Esquire, Johnson, Pope, Bokor, Ruppel & Burns,
LLP (P.O. Box 1368, Clearwater, FL 33757; phone: 727-461-1818; fax: 727-462-0365;
e-mail: eda@jpfirm.com).
Location:
1.24 acres located on the west side of Mandalay Point Road approximately 950
feet north of the intersection of Mandalay Point Road and Eldorado Avenue.
Atlas Page:
227A.
Zoning:
Low Density Residential (LDR) and Open Space/Recreation (OSR) Districts.
Request:
Flexible Development approval for a new single-family detached dwelling
within the Low Density Residential (LDR) District with a lot area of 53,799 square-feet,
(33,977 square-feet Open Space/Recreation (OSR) and 19,822 square-feet LDR), a lot
width of 121 feet, a reduction to the side (north) setback from 15 feet to three feet (to
pavement) and five feet (to building), a reduction to the side (south) setback from 15 feet
to 10 feet (to building), a reduction to the rear (west) setback from 15 feet to zero feet (to
raised pool and building) from the Coastal Construction Control Line (CCCL) and an
increase in the maximum building height from 30 feet 34 feet (to midpoint of pitched roof)
as a Residential Infill Redevelopment Project as per Community Development Code
Section 2-104.D.
Proposed Use:
Detached Dwelling.
Neighborhood Associations:
Clearwater Beach Association and Clearwater
Neighborhoods Coalition.
Presenter:
A. Scott Kurleman, Planner III.
Attorney for the Board Grimes reported that Member Behar had a conflict of interest.
See Staff Report: Exhibit FLD2008-08025 2008-10-21
Member Coates moved to approve Case FLD2008-08025 on today?s Consent Agenda
based on the evidence in the record, including the application and the Staff Report, and hereby
adopt the Findings of Fact and Conclusions of Law stated in the Staff Report, with conditions of
approval as listed. The motion was duly seconded. Members Coates, Tallman, Dame, DiPolito,
Adelson, Acting Member Carlough, and Chair Fritsch voted ?Aye.? Member Behar abstained.
Motion carried.
Community Development 2008-10-21 8
4.
Item Pulled from Consent Agenda
Case:
FLD2008-08024 ? 430 S. Gulfview Boulevard Level Two Application
Owner/Applicant:
Salt Block 57, LLC.
Representative:
E.D. Armstrong III, Esquire, Johnson, Pope, Bokor, Ruppel & Burns,
LLP (P.O. Box 1368, Clearwater, FL 33757; phone: 727-461-1818; fax: 727-462-0365;
e-mail: eda@jpfirm.com).
Location:
2.45 total acres (1.87 acres zoned Tourist District; 0.58 acre zoned Open
Space/Recreation District) located on the west side of South Gulfview Boulevard
approximately 500 feet northwest of Hamden Drive and directly south of Clearwater
Beach.
Atlas Page:
276A.
Zoning:
Tourist (T) District.
Request:
(1) Termination of Status of Nonconformity for density (217 overnight
accommodation units (as established by Cases FLD2005-01005, FLD2005-05047 and
FLD2007-11034); where 93 overnight accommodation units are permitted today), under
the provisions of Section 6-109; (2) Flexible Development approval to permit a 230-room
overnight accommodation use (hotel) in the Tourist (T) District with a lot area of 81,450
square-feet/1.87 acres zoned Tourist District (2.45 total acres; 0.58 acre of total acreage
zoned Open Space/Recreation District), a lot width of 236 feet, a front (east) setback of
2.5 feet (to building) and zero feet (to pavement), a side (north) setback of zero feet (to
building) from the Coastal Construction Control Line (CCCL) and to permit a sidewalk 10
feet seaward of the CCCL, a side (south) setback of 16 feet (to building), 1.5 feet (to
pavement) and zero feet (to privacy wall), a rear (west) setback of two feet (to building)
from the CCCL and to permit concrete patios 13 feet seaward of the CCCL, a building
height of 150 feet above Base Flood Elevation (BFE) to top of roof deck and 296 valet-only
parking spaces at 1.286 parking spaces per hotel room, as a Comprehensive Infill
Redevelopment Project, under the provisions of Section 2-803.C, and three driveways
where the two northernmost driveways are spaced 110 feet apart and the two
southernmost driveways are spaced 18 feet apart, where 125 feet is required by Section
3-102 and approval of a two-year development order; and (3) including the Transfer of
Development Rights of eight total dwelling units (being converted to 13 overnight
accommodation units) previously approved and transferred under TDR2005-05022,
including four dwelling units from 557 and 579 Cyprus Avenue, one dwelling unit from 625-
627 Bay Esplanade and three dwelling units from 667 Bay Esplanade, under the
provisions of Section 4-1402.
Proposed Use:
Overnight accommodation use of a total of 230 rooms.
Neighborhood Associations:
Clearwater Beach Association and Clearwater
Neighborhoods Coalition.
Presenter:
Wayne M. Wells, AICP, Planner III.
See Staff Report: Exhibit FLD2008-08024 2008-10-21 and Staff Memorandum: Exhibit
FLD2008-08024 2008-10-21 MEMO.
It was stated concerns regarding this case had been answered during discussion of Case
FLD2008-05013.
Member Coates moved to approve Case FLD2008-08024, based on evidence in the
record, including the application and the Staff Report (Exhibit FLD2008-08024 2008-10-21), and
hereby adopt the Findings of Fact and Conclusions of Law stated in the Staff Report, with
conditions of approval as listed in Exhibit FLD2008-08024 2008-10-21 MEMO. The motion was
duly seconded and carried unanimously. Alternate Member Carlough did not vote.
Community Development 2008-10-21 9
5.
Item Pulled from Consent Agenda
Case:
FLD2008-08026 ? 210 Drew Street Level Two Application
Owner/Applicant:
City of Clearwater.
Representative:
Michael Quillen, PE, City Engineering (100 S. Myrtle Avenue,
Clearwater, FL 33756; phone: 727-562-4747; fax: 727-562-4755; e-mail:
michael.quillen@myclearwater.com).
Location:
23.96 acres located along the Downtown Clearwater Harbor between Drew
Street (north) and Pierce Street (south).
Atlas Page:
286A.
Zoning:
Downtown (D) District.
Request:
Flexible Development approval to permit a marina for 127 slips in the Downtown
(D) District with a reduction to the side (north) setback from 135.7 to 19 feet, a reduction to
the side (south) setback from 135.7 to 7.67 feet and an increase to the maximum width
from 75% of the lot width (1,017.7 feet) to 109.8% of the lot width (1,490 feet), under the
provisions of Sections 2-903.H, 3-601.C.3 and 3-603.
Proposed Use:
City Downtown Marina for 127 boat slips.
Neighborhood Associations:
Old Clearwater Bay Neighborhood and Clearwater
Neighborhoods Coalition.
Presenter:
Wayne M. Wells, AICP, Planner III.
Member Behar moved to accept Wayne Wells as an expert witness in the fields of
zoning, site plan analysis, code administration, and planning in general, and to enter his resume
into the record. The motion was duly seconded and carried unanimously. Alternate Member
Carlough did not vote.
Mr. Wells reviewed the request.
See Staff Report: Exhibit FLD2008-08026 2008-10-21
David Gildersleeve, Wade Trim Consulting Engineers, stated his firm had worked on this
project for five years. He reviewed the approval process and discussed difficulties in arranging
the boat slips due to the site?s irregular shape and Memorial Causeway Bridge, which splits the
site. The project complies with Code and will protect seagrass beds. The project is for
recreation only, with no commercial activity proposed except for a ferry that would not be
permanently docked onsite. The renovated Harbormaster building complies with downtown
district guidelines. Concrete, to be used for the boat slips, is aesthetically pleasing, easy to
maintain, and allows the greatest opportunity for views. While no fuel dock is proposed, pump-
out facilities are planned for the north and south basins. Amenities such as laundry facilities,
showers, and restrooms will be provided. The project does not abut a residential district. With
the exception of setbacks, the project complies with all City standards. Mr. Gildersleeve said
one slip could be lost due to a setback.
Jackson Bowman, representative for Pierce 100 Condominium Association, Inc.,
requested Party Status.
Member Tallman moved to grant Jackson Bowman Party Status. The motion was duly
seconded and carried unanimously. Alternate Member Carlough did not vote.
Rex Roten, President of Pierce 100 Condominium Association, requested party status.
Community Development 2008-10-21 10
Member Behar moved to grant Rex Roten Party Status. The motion was duly seconded
and carried unanimously. Alternate Member Carlough did not vote.
Mark Barbee requested Party Status.
Member Coates moved to grant Mark Barbee Party Status. The motion was duly
seconded and carried unanimously. Alternate Member Carlough did not vote.
Terry Sue Turner requested Party Status.
Member Dame moved to grant Terry Sue Turner Party Status. The motion was duly
seconded and carried unanimously. Alternate Member Carlough did not vote.
Assistant City Attorney Leslie Dougall-Sides said Mr. Gildersleeve will provide his
resume and requested that he be accepted as an expert witness.
Member Coates moved to accept David Gildersleeve as an expert witness in his field.
The motion was duly seconded and carried unanimously. Alternate Member Carlough did not
vote.
The CDB recessed from 3:31 to 3:39 p.m.
Jackson Bowman, Party Status holder, objected to the marina?s location. He said
setbacks are drastic and would encroach and impact adjacent properties. He reviewed the
intent of the Preservation district and expressed concern the marina will negatively impact the
site?s Preservation area. He said the application is deficient and does not include manatee
protection. He said the southern docks are too close to Pierce 100 condominiums and noise will
affect residents.
Rex Roten, Party Status holder, opposed the project. He said 114 Pierce 100 residents
live on the water and need to be considered. He said residents are concerned about noise. He
said the marina would impact sea life that now feed and play there. He said the water and
space around Pierce 100 serve as residents? backyards. He said Memorial Causeway Bridge
was built too close to Pierce 100. He said the economy?s downward turn should be considered.
He said the project was not in the best interest of taxpayers. He said his professional opinion as
an attorney was that the proposed marina may not be legal.
Mark Barbee, Party Status holder, resident of Pierce 100, opposed the project. He
expressed concern busses used to transport people to and from the marina would park in his
backyard. He said manatees and dolphins feed in the area. He said the project would
exacerbate noise from the Memorial Causeway Bridge.
Terry Sue Turner, Party Status holder, resident of Pierce 100, opposed the project. She
said the Memorial Causeway Bridge had spoiled the condominium?s serenity and expressed
concern that boat slips would add to the noise problem. She said the project would eliminate
public fishing from land between Pierce 100 and the designated public area and adversely affect
the marine habitat.
Mr. Wells said the water portion of the site is zoned Preservation. Marina impacts are
the same as downtown impacts. The application is consistent with the Countywide Plan. The
facility will not impact seagrasses. No seagrasses will grow beneath the floating docks. The
Community Development 2008-10-21 11
Downtown District has a mix of uses. Pierce 100 is not zoned residential. The project is more
than 100 feet closer to Pierce 100 than allowed by Code. All docks adjacent to Pierce 100
exceed setbacks required by Code. While the City tried to design the marina within required
setbacks, the project was intended to replace boat slips that have been lost. Design constraints
and boat heights dictated the size of the boat slips. Marinas are assets to many downtown
waterfronts. This marina is in harmony with the scale and character of downtown and with
adjacent properties, including Pierce 100. The project may restrict, but will not adversely
impact, adjacent waterways.
Ms. Dougall-Sides objected to Mr. Bowman?s question, as Mr. Wells had not testified
regarding adjacent property values. Mr. Wells said the application had not been submitted to
Pinellas County for review.
Mr. Gildersleeve said no specific studies were done regarding noise from sailboat masts
or the marina, however previously, a considerable study had concluded that a market existed for
this type of project, that the project would be feasible in this location, and demand would support
it. He opined that a marina use adjacent to a residential use would enhance the value of the
residential property. He said no information suggested the marina would impair the value or
hinder the use of Pierce 100. Concrete floating docks are quieter than aluminum. Marinas are
located on residential properties elsewhere without acoustical impacts. Studies regarding
marinas adjacent to residential areas were not part of the record. Applications are submitted to
Pinellas County after CDB approval. It was remarked the record indicated the application meets
all FDEP and Army Corps of Engineer requirements and the project is exempt from the
stormwater management process. Manatee protection will be addressed during FDEP and
Army Corps review.
In response to a request, Ms. Dougall-Sides said the public cannot add a study to the
record.
Assistant City Manager Rod Irwin said this project serves critical public needs. The
County Boater Access Taskforce indicated a significant and continuing loss of dock space in the
County. This project?s unique site meets a community need and links the downtown and beach.
The project enhances downtown and will improve overall economic conditions in the City. The
promenade will allow community access, and the expanded fishing pier will help mitigate noise
to adjacent property owners. Free community dockage will be provided to Clearwater residents
while they attend community events. The project also has significant community and
environmental benefits and was designed to eliminate access to basin seagrasses. Security
personnel will be on site 24 hours a day, seven days a week.
Mr. Wells said the coin-operated laundry will be on the north end, away from Pierce 100.
The drop off area for the ferry will be at the intersection of Drew and Cleveland streets and at
the Harbormaster?s office. The public will be required to adhere to the City?s noise ordinance
and other applicable laws.
Mr. Roten recommended the marina be located away from Pierce 100. He said a ferry
service had failed previously. He requested denial of the application.
Mr. Bowman stated the application was deficient and did not address preservation
zoning. He suggested the project be scaled back to be consistent with Code.
Community Development 2008-10-21 12
Mr. Gildersleeve the project has been transparent. The level of detail in the application
far exceeds any dock application he reviewed when serving on the CDB. He said the City had
done a good job in being responsive to Code criteria and public concerns. He said the notion
that a marina is not a good neighbor is unfounded. He said the community will welcome the
project.
Mr. Wells said the application considers environmental issues, and includes protection of
seagrasses and manatees that requires additional review by other agencies.
Discussion ensued with comments that marinas can be good neighbors, that the area
has mixed uses, and that the project is well located and will enhance the area. It was stated
that marina areas in other cities thrive with activity. It was felt the marina will protect seagrasses
and benefit the community. Concern was expressed regarding the 100-foot setback variance.
It was felt Clearwater has been responsible with respect to manatee protection and minimum
wake zones. Confidence was expressed that the City will submit a manatee protection plan.
Mr. Wells said the setback is a function of the waterfront width. The ferry pick up point is
on the north side of the promenade. The existing fishing pier will be extended.
Member Dame moved to approve Case FLD2008-08026. The motion was duly
seconded.
It was remarked that the applicant had been super-sensitive to issues and citizens had
been very vocal. Concern was expressed that reduced setbacks crowd the residential property
and navigation is too close to the adjacent residential property.
Mr. Wells said the Belle Harbour docks are uniquely-shaped. He said the approved
referendum provided for a maximum of 140 slips; the number of slips was reduced to 127. The
City also performed a financial analysis regarding the project?s viability.
Mr. Gildersleeve said a wind and wave study also was done. Attenuators at the end of
Dock B and the furthermost dock will provide the most protection from the southwest. He said
the project?s configuration should not be changed.
Ms. Dougall-Sides requested that Member Dame restate his motion.
Member Dame restated his motion to approve Case FLD2008-08026 based on evidence
in the record, including the application and the Staff Report, and hereby adopt the Findings of
Fact and Conclusions of Law stated in the Staff Report, with conditions of approval as listed.
The seconder agreed. Members Coates, Tallman, Dame, DiPolito, and Chair Fritsch voted
?Aye.? Members Behar and Adelson voted ?Nay.? Motion carried. Alternate Member Carlough
did not vote.
Community Development 2008-10-21 13
6. Case:
CPA2008-09003 Level Three Application
Owner/Applicant:
City of Clearwater, Planning Department
Request
: Amendments to the Comprehensive Plan of the City as adopted on May 18,
2000 and subsequently amended, amending the Capital Improvements Element, making
corrections and modifications pursuant to the updated schedule of the City of
Clearwater?s FY2008/09 through FY2013/14 Capital Improvement Program Budget
adopted on September 18, 2008, and updating the reference in Policy 32.7.6 to the
School District?s Five-Year Work Program of FY2008/09 through 2012/13 as adopted by
the School Board on September 9, 2008, in accordance with Florida Statutes.
Type of Amendment:
Separate submittal to State DCA ? exempt from large-scale
submittal process
Neighborhood Association(s):
Clearwater Neighborhoods Coalition.
Presenter:
Sandra E. Herman, Planner III.
See Staff Report: Exhibit CPA2008-09003 2008-10-21
Member Coates moved to recommend approval of Case CPA2008-09003 on today?s
Consent Agenda, based on evidence in the record, including the application and the Staff
Report, and hereby adopt the Findings of Fact and Conclusions of Law stated in the staff report.
The motion was duly seconded and carried unanimously. Alternate Member Carlough did not
vote.
F. DIRECTOR?S ITEM: (Item 1)
1. Holiday Luncheon
Ms. Clayton said the December CDB meeting is on December 16at 2:00 p.m. The
board always has a holiday luncheon prior to the December meeting and supports a variety of
community organizations. Discussion ensued regarding a location and organizations.
Consensus was to share lists of organizations to support via e-mail.
G. ADJOURNMENT
The meeting adjourned at 5:28 p.m.
_________________________________
Chair, Community Development Board
Attest:
__________________________________
Board Reporter
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