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Community Development Board Consent Agenda - December 16, 2008 LL Revised 12/15/2008 o >- f- u CONSENT AGENDA COMMUNITY DEVELOPMENT BOARD Date: Tuesday, December 16, 2008 Time: 2:00 p.m. Place: 112 South Osceola Street, 3rd Floor, Clearwater, Florida, 33756 (City Hall Council Chambers) Welcome the City of Clearwater Community Development Board (CDB) meeting. The City strongly supports and fully complies with the Americans with Disabilities Act (ADA). Please advise us at least 72 hours prior to the meeting if you require special accommodations. Assisted listening devices are available. An oath will be administered swearing in all participants in public hearing cases. If you wish to speak please wait to be recognized, then state and spell your name and provide your address. Persons speaking before the CDB shall be limited to three minutes unless an individual is representing a group in which case the Chairperson may authorize a reasonable amount of time up to 10 minutes. Kindly refrain from conducting private conversations, using beepers, cellular telephones, etc. as they are distracting during the meeting. Florida Statue 286.0105 states: Any person appealing a decision of this Board must have a record of the proceedings to support such appeal. Community Development Code Section 4- 206 requires that any person seeking to: personally testify, present evidence, argument and witness, cross-examine witnesses, appeal the decision and speak on reconsideration requests should request party status during the case discussion. Party status entitles parties to: personally testify, present evidence, argument and witnesses cross-examine witnesses, appeal the decision and speak on reconsideration requests. If you have questions or concerns about a case, please contact the staff presenter from the Planning Department listed at the end of each agenda item at 727-562-4567. * Make Us Your Favorite! www.myc1earwater.com/gov/depts/planning Community Development Board Agenda - December 16, 2008 - Page 1 of 3 A. CALL TO ORDER, INVOCATION, PLEDGE OF ALLEGIANCE B. ROLL CALL: Chair Fritsch, Vice Chair Coates, Members Adelson, Behar, Dame, Tallman, DiPolito, Alternate Member Carlough, City Staff c. APPROVAL OF MINUTES OF PREVIOUS MEETING: October 21, 2008 and November 18, 2008 D. 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 - 2): 1. Case: FLD2008-07019 - 473 East Shore Drive and 475 Poinsettia Street Level Two Application Owner: William A. Day Living Trust. Applicant: Billy Day. Representative: Albert P. Carrier, P.E., Deuel and Associates (4625 East Bay Drive, Suite 211, Clearwater, FL 33764; phone: 727-822-4151; fax: 727-821-7255; email: al@deuelengineering.com). Location: A total of 0.64 acres located on the east (0.37 acres) and west (0.27 acres) sides of East Shore Drive, approximately 280 feet north of the intersection of Papaya Street and East Shore Drive. Atlas Page: 267 A. Zoning: Tourist (T) District. Request: Flexible Development approval to permit the addition of a 3,269 square-foot, 10-slip dock as a marina and marina facility in conjunction with an existing 13-unit overnight accommodation use in the Tourist (T) District with an increase to the maximum length of the dock from 75 percent of the lot width (90 feet) to 207 percent of the lot width (248.6 feet), under the provisions of Sections 2- 803.E, 3-601 and 3-603. Proposed Use: Marina for 10 boat slips. Neighborhood Associations: Clearwater Beach Association and Clearwater Neighborhoods Coalition. Presenter: A. Scott Kurleman, Planner III. 2. Case: FLD2008-10030 - 20060 US Highway 19 N Level Two Application Owner/Applicant: Congo River Golf & Exploration Co. Representative: Ty Maxey, Engelhardt, Hammer & Associates, Inc. (3001 N. Rocky Point Drive E., Suite 300, Tampa, FL 33607; phone: 813-282-3855 fax: 813-286-2308; email: tym@ehaplanners.com). Location: 1. 73 7 acres located at the southwest comer of the intersection of US Highway 19 Nand Druid Road. Atlas Page: 299B. Zoning: Commercial (C) District. Request: Flexible Development approval to permit modifications due to an eminent domain taking of property for additional right-of-way for an existing outdoor recreation/entertainment use (miniature golf) in the Commercial (C) District with a lot area of 75,664 square feet (1.737 acres), a lot width of 480 feet, a front (east) setback of 0.5 feet (to existing pavement), a side (north) setback of five feet (to existing concrete putting green and pavement), a side (south) setback of four feet (to existing pavement), a rear (west) setback of 30 feet (to existing concrete putting green), a building height of 25 feet (to midpoint of pitched roof) and 51 parking spaces, as well as the allowance of a three-year time frame to submit for a building permit, as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-704.C and a reduction to the perimeter landscape buffer width on the east side from 15 feet to 0.5 feet (to existing pavement), as a Comprehensive Landscape Program, under the provisions of Section 3-1202.G. Existing Use: Outdoor recreation/entertainment use (miniature golf). Neighborhood Associations: Tropic Hills Association and Clearwater Neighborhoods Coalition. Presenter: Wayne M. Wells, AICP, Planner III. Community Development Board Agenda - December 16, 2008 - Page 2 of 3 E. CONSIDERATION OF APPEAL (Item 1): 1. Case: APP2008-00006 - 513 North Belcher Owner/Appellant: Murphy Business and Financial Services, Inc. Representative: Steven W. Moore, Law Offices of Steven W. Moore (8200 Bryan Dairy Road, Suite 300, Largo, FL 33777; phone: 727-395-9300; fax: 727-395-9329; email: attorneymoore@tampabay.rr.com). Location: 0.82 acres located at the northeast comer of Belcher Road and Sharkey Road. Atlas Page: 281A. Zoning: Office (0) District. Request: An appeal from a Level One (Comprehensive Sign Program) approval decision pursuant to Community Development Code (CDC) Section 4-502.A., that the requested increase from one attached sign to five attached signs as a Comprehensive Sign Program is inconsistent with the comprehensive sign program review principles as set forth in CDC Section 3-1807. c.1. Proposed Use: Existing Office. Neighborhood Association(s): Clearwater Neighborhoods Coalition. Presenter: A. Scott Kurleman, Planner III. F. LEVEL III APPLICATION (Item 1): 1. Case: CPA2007-06003 - Amendments to the Comprehensive Plan Level Three Application Applicant: City of Clearwater, Planning Department. Request: Amendments to the Comprehensive Plan of the City as adopted on May 18, 2000, and subsequently amended, by amending the Table of Contents and all elements of the comprehensive plan, making substantial changes to the elements based on the 2006 Evaluation and Appraisal Report (EAR) of the Comprehensive Plan, and making minor editorial changes, in accordance with Florida Statutes. Type of Amendment: Large Scale Neighborhood Association: Clearwater Neighborhoods Coalition. Presenter: Sandra E. Herman, Planner III G. DIRECTOR'S ITEM 1. Amendments to the Community Development Board Rules of Procedure Regarding PowerPoint Presentations (Gina Clayton). H. ADJOURNMENT S:\Planning DepartmentlC D BlAgendas DRC & CDBICDBI2008112 December 16, 20081CDB Consent Agenda December 16, 2008.doc Community Development Board Agenda - December 16, 2008 - Page 3 of 3