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05/19/2009 COMMUNITY DEVELOPMENT BOARD MEETING MINUTES CITY OF CLEARWATER May 19, 2009 Present: Nicholas C. Fritsch Chair Thomas Coates Vice-Chair Jordan Behar Board Member Frank L. Dame Board Member Doreen DiPolito Board Member Richard Adelson Board Member Brian A. Barker Board Member Norma R. Carlough Alternate/Acting Board Member Also Present: Gina Grimes Attorney for the Board Leslie Dougall-Sides Assistant City Attorney Michael L. Delk Planning Director Robert Tefft Planning Manager Patricia O. Sullivan 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: April 21, 2009 Member Behar moved to approve the minutes of the regular Community Development Board meeting of April 21, 2009, as recorded and submitted in written summation to each board member. The motion was duly seconded and carried unanimously. Alternate Board Member Carlough did not vote. D. CONTINUED ITEM: (Item 1) 1. Case: APP2009-00001 – 1850 McMullen-Booth Road Continued from April 21, 2009 Owner: Countryside Christian Center. Appellant: Pastor Glen Gammon. Agent: Michael J. Gaylor, P.E., Gaylor Engineering (21764 S.R. 54, Lutz, FL 33549; phone: 813-949-5599; fax: 813-949-0818). Location: 19.969 acres located on the west side of McMullen-Booth Road approximately 1,280 feet north of State Road 590. Atlas Page: 265A. Zoning: Institutional (I) and Office (O) Districts. Request: An appeal from a Level One (Flexible Standard Development) denial decision pursuant to Community Development Code Section 4-501.A.3, that a requested basketball court within an existing grass off-street parking area is inconsistent with the General Standards for Level One Approvals as set forth in Community Development Code Section 3-913.A.6; the standards for Off-Street Parking Spaces as set forth in Community Development Code Sections Community Development 2009-05-19 1 3-1404.B and C; and the standards for Conformance to Uniform Traffic Control Devices as set forth in Community Development Code Section 3-1410.A. Existing Use: Place of Worship. Neighborhood Association(s): Clearwater Neighborhoods Coalition; and Oak Forest. Presenter: Matt Jackson, Planner II. See Exhibit: Staff Report APP2009-00001 – 2009-05-19 Member Coates moved to accept Robert Tefft 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 Board Member Carlough did not vote. Planning Manager Robert Tefft reviewed the staff report. John Stalter requested Party Status. Member Coates moved to grant John Stalter Party Status. The motion was duly seconded and carried unanimously. Alternate Board Member Carlough did not vote. Fred Cutting requested Party Status. Member Behar moved to grant Fred Cutting Party Status. The motion was duly seconded and carried unanimously. Alternate Board Member Carlough did not vote. David Gaston requested Party Status. Member Behar moved to grant David Gaston Party Status. The motion was duly seconded and carried unanimously. Applicant representative Katie Cole said the basketball court was constructed in the school’s recreation area during a lull in the sanctuary expansion project. As it was built without permit, the basketball court was included in the 2009 flexible development application. She said the basketball court is an appropriate use at a church and school in a residential neighborhood. She said lighting is not an issue. She said the church has a history of working with the City. She noted the exception for school activities in the City’s noise ordinance. She said the basketball court is used by students and court activities now cease by 10:00 p.m. Member DiPolito moved to accept Mike Gaylor as an expert witness in the field of engineering. The motion was duly seconded and carried unanimously. Alternate Board Member Carlough did not vote. Mike Gaylor, of Gaylor Engineering, said he had done all site permitting for the subject property since 1992 and indicated all other permits had been properly obtained. He said the basketball court was constructed over grass parking, 165 feet from the closest neighbor. He said the basketball court needs to be close to the education building for the health, safety, and welfare of the students. He said when church services are held, the basketball court serves as a drive lane to access the north parking spaces. He said any parking on the basketball court is overflow; the site has sufficient parking spaces. He said the drive lane is used during Sunday morning and evening and Wednesday night services. Community Development 2009-05-19 2 Associate Pastor and Facility Director Glen Gammon said the basketball court is used five days a week during midday recess. He said the recreation area seemed like the safest location for the basketball court when it was built three years ago. He said basketball games against other schools end by 6:00 p.m. He said games no longer are allowed at night. He said the 35-foot lights near the basketball court turn off at 10:00 p.m., although they were on later for a few nights after the time changed. He said the 12-foot lights are lit all night and shine directly on the adjacent roadway. He said the public is welcome to walk the unfenced church property. He said the church does not restrict neighbors from playing on the basketball court in the dark. He said the court is never used for basketball when it serves as a drive lane. Party Status holder Fred Cutting said the basketball court attracts drugs and many kids who yell constantly, often until midnight. He said these problems would continue if the basketball court was marked for parking. He said the edge of the basketball court is 140 feet from his property line. He said lights on the church property were installed illegally and remain lit after 11:00 p.m. He said late at night people walk into his neighbor’s yard from the church property. He recommended the basketball court be moved near McMullen-Booth Road where it could be patrolled. Party Status holder John Stalter said the church’s access gate is never locked and drivers congregate in the rear of the property, playing loud music, slamming doors, and yelling. He said drug problems exist and fights often occur on the basketball court. He said church property lights are so bright they light up his yard and shine into his house. Party Status holder David Gaston said he is not bothered by lights or noise from the church property. He said he is glad the church property is lit at night. He said Sheriff deputies occasionally park in the rear of the property. He said he had not seen drug activity. Five people spoke in support of retaining the basketball court in its current location and one person spoke in opposition. Planning Director Michael Delk said at the DRC (Development Review Committee) meeting, the Engineering Department did not have objections or issues regarding parking. The Code is not specific regarding marking unpaved parking spaces. The City does not have an issue with the lighting. Staff did not indicate that the school could not have a basketball court and understands that moving it would be expensive. While noise is a concern, the primary issue is the integrity of the site plan; the basketball court was built in the middle of a parking lot. The City would not have an issue with the basketball court if it was striped for parking. Mr. Delk recommended against fencing the basketball court. He expressed concern that precedent would be set if this site plan change is approved. Ms. Cole said the basketball court is not lit; lighting is not on the table. She said the church had met its burden of proof. She said the school’s principal testified that the basketball court is an appropriate use. Discussion ensued regarding basis for staff’s denial of the request to approve the earlier installation of the basketball court within an existing grass off-street parking area. It was noted that the basketball court’s location works for the church and does not appear to have a bad design. Mr. Delk said a basketball court could be an approvable accessory use but would have to meet setback requirements. The church declined to submit a revised site plan that Community Development 2009-05-19 3 repositioned the basketball court. Comments were made that divergent neighborhood opinion exists and the issue under consideration is the basketball court’s location within a parking area. Regarding the conclusion of law that the proposed basketball court does not comply with the noise General Applicability Criteria under the provision of CDC Section 3-913.A.6, Mr. Delk said this is a compatibility issue not a decibel issue. Member Coates moved that regarding the second Conclusion of Law for Case APP2009-00001, which stated that the proposed basketball court does not comply with the noise General Applicability Criteria under the provision of CDC Section 3-913.A.6, based on the evidence and testimony presented in the application, the Staff Report and at today’s hearing, and hereby make the following Findings of Fact based on said evidence: Exhibit B from Gaylor Engineering which indicates the basketball court is 165 feet from the closest property line in the adjacent subdivision and support from the majority of neighbors and hereby issue the Conclusion of Law that the application complies with the City Code Section3-913.A.6, with the condition that basketball noise cease by 10:00 p.m.. The motion was duly seconded and carried unanimously. Alternate Board Member Carlough did not vote. Discussion ensued regarding the conclusion of law that the basketball court design does not comply with off-street parking space striping standards of CDC Section 3-1404.B. It was commented that Code does not require grass parking spaces to be striped and the site has sufficient parking spaces without using the basketball court. Member Coates moved that regarding the third Conclusion of Law for Case APP2009- 00001 which stated that the basketball court design does not comply with the off-street parking space striping standards of CDC Section 3-1404.B, based on the evidence and testimony presented in the application, the Staff Report and at today’s hearing, and hereby make the following Findings of Fact based on said evidence: the Code does not require grass parking spaces to be striped and hereby issue the Conclusion of Law that the application complies with City Code Section 3-1404.B. The motion was duly seconded. Members Coates, Behar, DiPolito, Adelson, and Barker and Chair Fritsch voted “Aye”; Member Dame voted “Nay.” Motion carried. Alternate Board Member Carlough did not vote. Regarding the conclusion of law that the basketball court location in the center of a drive aisle and parking spaces does not comply with the off-street parking space availability standards of CDC Section 3-1404.C, Mr. Delk said it would be untenable to administer a basketball court in this location. The basketball court is not an approved condition of the site plan and is incompatible with the site plan, which governs use of the land. Staff objects to the location of a basketball court in the middle of a parking lot. Discussion ensued. It was stated that the basketball court is only obstructed during church services and is sometimes used for overflow parking. Comments were made that the site has sufficient parking spaces without the paved basketball court, which could have been better located when it was constructed without permit. It was stated that the Code has no allowance for dual use; a portion of the basketball court is used for a drive aisle. Concerns were expressed that the basketball court’s location on the site plan is identified as parking, a risk would occur if a vehicle is driven across the drive aisle while the basketball court is in use, and this decision could affect other properties. Community Development 2009-05-19 4 Member Dame moved that regarding the third Conclusion of Law for Case APP2009- 00001, which stated that the basketball court location in the center of a drive aisle and parking spaces does not comply with the off-street parking space availability standards of CDC Section 3-1404.C and affirm the Staff’s development order denying the application based on the evidence and testimony presented in the application, the Staff Report and at today’s hearing, and hereby adopt the Staff’s Findings of Fact and Conclusions of Law stated in the Staff Report. The motion was duly seconded. It was noted the church is not precluded from striping the basketball court for parking. It was stated that the drive aisle needs to be unobstructed and could be removed if the church relocates the seven parking spaces it is used to access. Upon the vote being taken, the motion carried unanimously. Alternate Board Member Carlough did not vote. Regarding the conclusion of law that the basketball court design does not comply with the uniform traffic control devices standards of CDC Section 3-1410.A, it was commented that the City Engineering Department did not have issues with the parking lot. Member DiPolito moved that regarding the fifth Conclusion of Law for Case APP2009- 00001 which stated that the basketball court design does not comply with the uniform traffic control devices standards of CDC Section 3-1410.A., based on the evidence and testimony presented in the application, the Staff Report and at today’s hearing, and hereby make the following Findings of Fact based on said evidence: traffic control devices are sufficient and hereby issue the Conclusion of Law that the application complies with the City Code Section 3- 1410.A. The motion was duly seconded and carried unanimously. Alternate Board Member Carlough did not vote. Attorney for the Board Gina Grimes stated that the CDB (Community Development Board) had upheld staff’s denial of the site plan based on the basketball court’s location in a drive aisle. The CDB recessed from 3:07 to 3:15 p.m. 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: (Item 1) Community Development 2009-05-19 5 1. Pulled from Consent Agenda Level Two Application Case: FLD2009-02007 – 801 and 811 Cleveland Street, 23 S. Myrtle Avenue, and 802 and 804 Park Street Owner/Applicant: RULE, LLP. Agent: Robert Gregg (630 Chestnut Street, Clearwater, FL 33756; phone: 727-796-8774 x331; fax: 727-791-6942; email: archreg@aol.com). Location: 0.879 acres located on the east side of S. Myrtle Avenue between Cleveland and Park Streets. Atlas Page: 287A. Zoning: Downtown (D) District. Request: Flexible Development approval to permit a mixed use of 9,728 square feet of restaurants, 3,464 square feet of retail sales and services, one dwelling unit and 655 square feet of nonconforming vehicle sales (rental)/display floor area in the Downtown (D) District with building heights ranging from 15 to 24 feet and 30 parking spaces, as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-903.C. Proposed Use: Restaurants, retail sales and services, auto rental and one dwelling unit. Neighborhood Association(s): Clearwater Neighborhoods Coalition. Presenter: Wayne M. Wells, AICP, Planner III. See Exhibit: Staff Report FLD2009-02007 – 2009-05-19 Member Barker declared a conflict of interest. Member Dame 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. Planner III Wayne Wells reviewed the Staff Report. Applicant Robert Gregg said he had worked with staff on this plan for four months. He said the Fire Department requires a 20-foot driveway. He said use of the driveway is necessary to pick up the dumpster, not to park nor access the building. In response to a question, Mr. Gregg said the restaurant will try luncheon hours; the Dunedin location is only open for dinner. He said two nearby parking garages offer free parking after 6:00 p.m. and numerous nearby parking lots are available after business hours. He reported that valet parking would be provided during dinner hours. Concerns were expressed that restaurant customers and valets not use the City’s parking lot in front of the Municipal Services Building, especially during the day. Mr. Wells said staff would address problems should they occur. Mr. Gregg said 35 non metered parking spaces are on Park Street. Property owner Louis Leousis said he is excited about the project and reviewed rehab efforts on the Avis building, efforts to clean the site, and the undergrounding of utilities. One person expressed concerns that the private drive is owned by Mediterranean Village condominium owners, who use it for egress, and restaurant use of the drive may disturb residents. Restaurant use of the drive would require Mediterranean Village owners’ approval. Community Development 2009-05-19 6 Mr. Wells said the private drive is not critical for the site to function. Access from the subject property to the private drive could be blocked and the dumpster repositioned. Member Coates moved to approve Case FLD2009-02007 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 with conditions of approval as listed, including changes to Condition 11 as written in the Staff Report and an amendment to Condition 4 that now reads “That, prior to the issuance of any permits, the applicant provide documentation that this site has legal access to the private road to the east of the site, and if legal access to the private road to the east of the site is not acquired, that an amendable access to the dumpster be worked out.” The motion was duly seconded. Members Coates, Behar, Dame, DiPolito, and Adelson, and Acting Member Carlough, voted “Aye”; Chair Fritsch voted “Nay.” Member Barker abstained. Motion carried. F. LEVEL TWO APPLICATIONS: (Items 1 – 3) 1. Cases: FLD2009-03012/PLT2009-00001 – 1888 N. Betty Lane Level Two Application Owner/Applicant: Habitat for Humanity of Pinellas County. Agent: Ronald E. Spoor, Land Development Manager, Habitat for Humanity of Pinellas th County (3071 118 Avenue North, St. Petersburg, FL 33716; phone: 727-536-4755; fax: 727-209-2191; email: land@phfh.org). Location: 8.89 acres located on the south side of Sunset Point Road between N. Betty Lane and Pineland Drive. Atlas Page: 260B. Zoning: Medium Density Residential (MDR) District. Request: (1) Flexible Development approval to permit a 51-lot subdivision for detached dwellings in the Medium Density Residential (MDR) District with a minimum lot area of 4,019 square feet, a minimum lot width of 40.9 feet (measured at the front setback line) and a reduction to the front setback requirement from 25 to 19 feet (to building), as a Residential Infill Project, under the provisions of Section 2-304.G; and (2) Preliminary Plat approval for a 51-lot subdivision for detached dwellings. Proposed Use: 51-lot subdivision for detached dwellings. Neighborhood Association(s): Clearwater Neighborhoods Coalition. Presenter: Wayne M. Wells, AICP, Planner III. See Exhibit: Staff Report FLD2009-03012/PLT2009-00001 – 2009-05-19 Member Coates 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. Mr. Wells reviewed the Staff Report. Habitat for Humanity of Pinellas Land Development Manager Ronald Spoor discussed the project and homeowner requirements. He said a six-foot white vinyl fence along the western edge of the development is proposed to address neighbor concerns regarding cut through traffic. Mr. Delk said staff would work toward a solution to this request. Mr. Spoor said an iron fence is proposed along the site’s southern edge to provide resident views of the adjacent field. Support for the project was expressed. Community Development 2009-05-19 7 Member Coates moved to approve FLD2009-03012/PLT2009-00001 based on 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 with conditions of approval as listed. The motion was duly seconded and carried unanimously. Alternate Member Carlough did not vote. 2. Level Two Application Case: FLD2009-04015 – (1) 1740 Weston Drive; (2) 1571 Cleveland Street; (3) 2634 Sabal Springs Drive; (4) 1840 Airport Drive; (5) 1700 Belcher Road; (6) 1709 Keene Road; (7) 3024 Eastland Boulevard; (8) 2784 Enterprise Road East; (9) 2775 State Road 580; (10) 2698 Fifth Avenue North; (11) 1515 Cleveland Street; (12) 2630 Sabal Springs Drive; and (13) 600 South Evergreen Avenue. Owner/Applicant: City of Clearwater, Engineering Department. Agent: Michael Quillen, P.E., City of Clearwater (P.O. Box 4748, Clearwater, FL 33758; phone: 727-562-4750; fax: 727-562-4755; email: michael.quillen@myclearwater.com) Location: (1) 1740 Weston Drive – 0.52 acres located approximately 140 feet south of the intersection of Otten Street and Weston Drive; (2) 1571 Cleveland Street – 37.10 acres located at the southwest corner of Cleveland Street and Lake Drive; (3) 2634 Sabal Springs Drive – 23.01 acres located approximately 190 feet west of the dead end of Sabal Springs Drive; (4) 1840 Airport Drive – 73.17 acres located approximately 700 feet east of the intersection of Keene Road and Airport Drive; (5) 1700 Belcher Road – 6.19 acres located at the northwest corner of Logan Street and Belcher Road; (6) 1709 Keene Road – 10 acres located at the southeast corner of Flagler Drive and Keene Road; (7) 3024 Eastland Boulevard – 0.96 acres located approximately 100 feet east of the intersection of Burntfork Drive and Eastland Boulevard; (8) 2784 Enterprise Road East – 6.80 acres located approximately 400 feet west of the intersection of Frisco Drive and Enterprise Road East; (9) 2775 State Road 580 – 7.50 acres located approximately 580 feet east of the intersection of Countryside Boulevard and State Road 580; (10) 2698 Fifth Avenue North – 6.80 acres located approximately 210 feet north of the intersection of Chautauqua th Avenue and 4 Avenue North; (11) 1515 Cleveland Street – 37.10 acres located at the southeast corner of Cleveland Street and Glenwood Avenue; (12) 2630 Sabal Springs Drive – 23.01 acres located at the northwest corner of Countryside Community Park; and (13) 600 South Evergreen Avenue – 25.60 acres located at the southwest corner of Turner Street and South Evergreen Avenue. Atlas Pages: (1) 261A; (2 & 11) 288B; (3, 9 & 12) 211A; (4) 280A; (5) 262B; (6) 262A; (7) 223A; (8 & 10) 233A; and (13) 296B. Zoning: Open Space/Recreation (OS/R), Industrial Research and Technology (IRT) and Institutional (I) Districts. Request: Flexible Development approval to permit Utility/Infrastructure uses in the Open/Space Recreation (OS/R) District, the Industrial Research and Technology (IRT) District and the Institutional (I) District as Comprehensive Infill Redevelopment Projects under the provisions of Community Development Code (CDC) Sections 2-1404.A, 2-1304.C and 2-1204.A. Proposed Use: Utility/Infrastructure (Water Production Wells). Neighborhood Associations: Clearwater Neighborhoods Coalition, Skycrest Neighbors, North Greenwood Association, Inc, Northwood West, Cypress Bend, Misty Springs Condominiums and Westchester Lake Condominium Association. Presenter: A. Scott Kurleman, Planner III. See Exhibit: Staff Report FLD2009-04015 – 2009-05-19 Community Development 2009-05-19 8 John France requested Party Status. Member Coates moved to grant John France Party Status. The motion was duly seconded and carried unanimously. Alternate Board Member Carlough did not vote. Gary Shellenberger requested Party Status. Member Coates moved to grant Gary Shellenberger Party Status. The motion was duly seconded and carried unanimously. Alternate Board Member Carlough did not vote. Donald Flynn requested Party Status. Member DiPolito moved to grant Donald Flynn Party Status. The motion was duly seconded and carried unanimously. Alternate Board Member Carlough did not vote. Member Behar moved to accept Scott Kurleman as an expert witness in the fields of zoning, site plan analysis, planning in general, landscape ordinance, tree ordinance, and code enforcement. The motion was duly seconded and carried unanimously. Alternate Board Member Carlough did not vote. Member Coates moved to accept City consultants David Wiley as an expert witness in the fields of assessment and remediation of landfill sites, petroleum sites, industrial sites, and mine sites; water supply planning, development and permitting; hydrogeologic evaluations through test well construction, aquifer testing and modeling; well redevelopment; wastewater land application; surface water assessments; dewatering projects; permit compliance; and funding assistance, Jeff Lowe as an expert witness in the fields of water supply, treatment, and distribution; wastewater collection, treatment and disposal; and reclaimed water transmission and distribution systems in West Florida, and Street Lee as an expert witness in the fields of project planning, development, permitting and project management; design of all facets of water systems and wastewater systems; facility master planning; CIP development; stormwater systems; hydrology and stormwater studies; landfill expansions and erosion control systems, and to accept City staff Robert Fahey as an expert witness in the fields of water resources, water treatment, water supply, and reclaimed water and Michael Quillen as an expert witness in the fields of water resources, civil engineering, and hydraulic engineering. The motion was duly seconded and carried unanimously. Alternate Board Member Carlough did not vote. Engineering Manager Robert Fahey discussed the City’s management history of highly regulated water resources. Additional wells are part of the City’s water supply master plan. The well near the Airpark would be outside the cone of influence. McKim & Creed Project Manager Jeff Lowe said positioning wells in Crest Lake Park is based on setback requirements and the pond and dog park locations. Mr. Fahey said most irrigation wells are shallow and not affected by 150-foot deep wells. Stringent monitoring efforts will determine that withdrawals do not impact the environment. Minimal sound from the wells will be limited to water moving through narrow pipes. Pumps will be mounted on 16-foot by 23- foot concrete pads that will be fenced and feature an antenna, control valves, and a control panel. Electricity will be provided by underground conduit. David Wiley, Principal-in-charge of Leggette, Brashears and Graham, Inc's Florida operations, said Clearwater’s geology is not favorable for sinkholes due to a significant clay layer. He said the City had met SWFWMD Community Development 2009-05-19 9 (Southwest Florida Water Management District) requirements and obtained necessary permits. Mr. Fahey reviewed City safety measures related to drilling, withdrawal, and monitoring. Soil testing is not done on adjoining properties. Well field redundancy will maximize and protect the resource. Wells will be at least 1,000 feet apart. Drawdown limits will be determined. The City currently withdraws water from four of its 19 wells. Party Status holder John France recommended locating wells in Crest Lake Park near Glenwood Avenue rather than creating an eyesore on the park’s most beautiful parcel. Party Status holder Donald Flynn expressed concern that the Eastland Boulevard well would be too close to his home, visually disturbing, noisy, and cause sinkholes. Party Status holder Gary Shellenberger expressed concern wells would cause sinkholes, lower water levels, and cause salt water intrusion. Five people spoke in opposition to the wells, expressing concern about sinkholes, negative effects on shallow wells, and compensation for homeowners should problems occur. City Engineer Mike Quillen said the recommended sites are on City property; it is too expensive to purchase land for this use. He reviewed multiple setback issues including reclaimed water, bodies of water, floodplains, etc. Mr. Fahey said a well mitigation strategy is tied to the permit. If nearby shallow wells lose production, Public Utilities would investigate to determine if there was a direct correlation with the event and City pumps. If a connection is found, the City would have the option to drill a new shallow well. There is no documentation of proof that sinkholes are attributable to withdrawals. The City does not have a written policy regarding sinkholes. Assistant City Attorney Leslie Dougall-Sides said if a sinkhole occurred, a claim would be submitted to the City. . Mr. Wiley said an impact analysis had been done. The aquifer’s natural fluctuation is between five and fifteen feet; City withdrawals would be limited to one foot. SWFWMD monitors water levels; the City makes regular reports to the agency via designated monitoring wells. He reviewed problems related to older wells, which were subject to salt water intrusion due to hard pumping. He said SWFWMD wants the City to install these wells. He reviewed sinkhole problems in Dunedin, where homes were built in a swampy area surrounded by a large manmade canal and Safety Harbor, which is close to the bay where the clay layer thins. Borings will be done at each site to determine the geology and verify conditions. Mr. Fahey said the City had previously plugged and closed wells after drilling and discovery that geology did not support them. Mr. Wiley said the recommended wells will provide the City a rotational ability for better flexibility. Mr. Quillen said the CDB is being asked if a public utility facility is an acceptable use of open space land, not to approve wells. It was commented that SWFWMD and the County and City would be approving the wells; SWFWMD permits are difficult to obtain. It was felt that multiple wells would spread the risk and something must be done regarding local water shortages. It was suggested a Citywide vote should be required to approve this measure. Community Development 2009-05-19 10 Member Barker moved to approve Case FLD2009-04015 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 with conditions of approval as listed. The motion was duly seconded. Members Coates, Behar, Dame, Adelson, and Barker and Chair Fritsch voted “Aye”; Member DiPolito voted “Nay.” Motion carried. Alternate Member Carlough did not vote. 3. Level Two Application Case: FLD2009-03013 – 101 and 105 Coronado Drive and 35 Devon Drive (Related to DVA2009-00001) Owner/Applicant: Decade Companies Income Properties. Agent: Keith Zayac, PE, RLA, LEED AP, Keith Zayac & Associates, Inc. (701 Enterprise Road East, Suite 404, Safety Harbor, FL 34695; phone: 727-793-9888; fax: 727-793-9855; email: keith@keithzayac.com). Location: 0.72 acre located on the east side of Coronado Drive at the northeast and southeast corners of Devon Drive/First Street. Atlas Page: 267A. Zoning: Tourist (T) District. Request: (1) Flexible Development approval to permit a 108-room overnight accommodation use in the Tourist (T) District with a reduction to lot width along Devon Drive/First Street from 150 to 100 feet (north side) and from 150 to 110 feet (south side), a reduction to the front (west) setback from 15 to five feet (to proposed building) (north side of Devon Drive/First Street), a reduction to the front (south) setback from 15 to five feet (to proposed building) (north side of Devon Drive/First Street), a reduction to the front (north) setback from 15 to eight feet (to proposed pavement) (south side of Devon Drive/First Street), a reduction to the side (north) setback from 10 to zero feet (to existing pool deck) (north side of Devon Drive/First Street), a reduction to the side (east) setback from 10 to 2.5 feet (to proposed building) and 7.22 feet (to existing pool deck) (north side of Devon Drive/First Street), a reduction to the side (south) setback from 10 to five feet (to proposed pavement) (south side of Devon Drive/First Street), and an increase to the building height from 35 to 89 feet (to top of roof deck), under the provisions of Section 2-803.I, and approval of a two-year development order; and (2) Increase of the permitted density by the allocation of 72 overnight accommodation units from the Hotel Density Reserve created pursuant to Beach by Design. Proposed Use: 108-room hotel. Neighborhood Association(s): Clearwater Beach Association and Clearwater Neighborhoods Coalition. Presenter: Wayne M. Wells, AICP, Planner III. See Exhibit: Staff Report FLD2009-03013 – 2009-05-19 Michael Foley requested Party Status on behalf of the adjoining property owner. Member Coates moved to grant Michael Foley Party Status. The motion was duly seconded and carried unanimously. Alternate Board Member Carlough did not vote. Member Coates 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. Community Development 2009-05-19 11 Mr. Wells reviewed the staff report. Member Behar moved to accept Scott Rice as an expert witness in the fields of civil engineering, land development, and environmental and hydraulic engineering and Himanshu Patni as an expert witness in the fields of traffic operations: speed studies, signs & markings, ATMS/ITS deployment, traffic studies & fees, parking lot permits, ordinance review, developmental impact on transportation, and network support. The motion was duly seconded and carried unanimously. Engineering Specialist II Himanshu Patni said the project’s traffic impact had been reviewed. In response to concerns regarding reduced setbacks on Devon, he said visibility triangles were acceptable; vehicles will pull to the curb before turning left or right. Mr. Wells said the height of shrubbery in the visibility triangle is limited to 30 inches. Mr. Patni said a LOS between A and D is acceptable. The traffic study considered the Kirin Grand and Hyatt properties plus traffic increases of 2% annually. Applicant representative Keith Zayac said Beach by Design contemplates hotels up to 100 feet tall in the Small Motel District and for building heights to taper down from beach resorts to the residential area. He said hotels west of Coronado tend to be resorts with ballrooms, restaurants, and nightclubs while small motels on the east side have limited service and self parking. As proposed, he said the project, at the northern gateway to Beachwalk, will replace 53 units with 108 limited service motel rooms. He said 40% of the project area will be landscaped when only 5% is required. He said the project will remove uncontrolled driveways and back-out parking from Coronado and reviewed building setbacks, trash storage, and stormwater retention. He said this proposal reflects City Council direction for the redevelopment of this area. Party Status holder Michael Foley, representing the Sea Captain Motel, said this project is inconsistent with the harmony, density, and scale of the adjoining motel property and will diminish its value. He said the proposal is neither consistent with the Small Motel District of Beach by Design nor residential properties to the east. He said the owner of the Sea Captain Motel will bear the brunt of proposed setbacks, which will affect his livelihood. He said the project is too intense for the small property and recommended limiting the project to 66 rooms in a shorter building. Member Coates moved to accept Robert Pergolizzi as an expert witness in the fields of land use and zoning, DRI traffic studies, roadway corridor planning, traffic operations studies, access permits, parking studies, and travel time studies. The motion was duly seconded and carried unanimously. Robert Pergolizzi stated that this project is three times greater than allowed density. He said the 96-foot building, 7.3 feet at its base from the Sea Captain property, will block views of the gulf from the motel and leave its pool deck in shadows during tourist season. To limit shadows, he recommended the project be redesigned, the number of units reduced, and parking relocated to the south lot. In response to questions, Mr. Wells said the Sea Captain property owner had met with City staff regarding constructing a building between 95 and 105 feet tall on the motel property. The solid wall facing the Sea Captain property is due to building Code provisions that limit openings in parking garages near property lines. When considering situations on the beach, which is changing, staff looks at many projects. He said this project would serve as a transition Community Development 2009-05-19 12 from the 150 foot structures west of Coronado. Reducing the front setback will result in a more attractive and dynamic street life. Two people spoke in opposition to the project. Mr. Zayak expressed doubt that constructing a parking garage on the south property would be financially feasible. He said it was important to replace units lost to condominium development. He said the City Council had encouraged hotel development in the Small Motel District and Beach by Design recognized that properties would not be assembled for development. Concern was expressed that the project is not in harmony with adjacent properties, as required by Code, and will increase traffic congestion. It was felt the project will negatively affect a long time property, impairing its value due to increased shading. It was stated that constructing an additional parking structure on the parking lot would significantly increase costs. In response to a concern that tall buildings on Coronado would create a canyon effect, it was stated the project is consistent with Code, which allows buildings up to 100 feet. It was commented that the beach needs tourist accommodations and the project will increase the value of the Sea Captain property if it is redeveloped. Member DiPolito moved to approve Case FLD2009-03013 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 with conditions of approval as listed. The motion was duly seconded. Members Coates, Behar, DiPolito, Adelson, and Barker and Chair Fritsch voted “Aye”; Member Dame voted “Nay.” Motion carried. Alternate Member Carlough did not vote. G. LEVEL THREE APPLICATIONS: (Item 1) 1. Level Three Application Case: DVA2009-00001 – 101 and 105 Coronado Drive and 35 Devon Drive (Related to FLD2009-03013) Owner/Applicant: Decade Companies Income Properties. Agent: Keith Zayac, PE, RLA, LEED AP, Keith Zayac & Associates, Inc. (701 Enterprise Road East, Suite 404, Safety Harbor, FL 34695; phone: 727-793-9888; fax: 727-793-9855; email: keith@keithzayac.com). Location: 0.72 acres located on the east side of Coronado Drive at the northeast and southeast corners of Devon Drive/First Street. Atlas Page: 267A. Zoning: Tourist (T) District. Request: Review of, and recommendation to the City Council, of a Development Agreement between Decade Companies Income Properties (the property owner) and the City of Clearwater, providing for the allocation of units from the Hotel Density Reserve under Beach by Design. Proposed Use: Overnight accommodation use of a total of 108 rooms (150 rooms/acre on total site, including the allocation of 72 units from the Hotel Density Reserve) and approximately 1,500 square-feet (0.048 FAR on total site) of amenities accessory to the hotel at a height of 89 feet (to roof deck). Neighborhood Association(s): Clearwater Beach Association and Clearwater Neighborhoods Coalition. Community Development 2009-05-19 13 Presenter: Wayne M. Wells, AICP, Planner III. See Exhibit: Staff Report DVA2009-00001 - 2009-05-19 Mr. Wells reviewed the Staff Report. Ms. Dougall-Sides said the City Council had approved the standardized format. One person spoke in opposition. Member DiPolito moved to recommend approval of Case DV A2009-00001 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. H. ADJOURN The meeting adjourned at 7:10 p.m. t!d~~ Ch . Community Development Board Community Development 2009-05-19 14 , I. ). ~ Clearwater () Interdepartmental Correspondence Sheet TO: Community Development Board Members FROM: Robert Tefft, Development Review Manager COPIES: Leslie Dougall-Sides, Assistant City Attorney; Susan Chase, City Clerk Specialist; Sue Diana, Assistant City Clerk; /Pat Sullivan, Board Reporter SUBJECT: DATE: Agenda Items for May 14, 2009 May 19, 2009 CDB packets being distributed on contain the following items: Agenda Site investigation form Unapproved minutes of previous meeting April 16, 2009 CONTINUED ITEM atem 1): 1. Case: APP2009-00001- 1850 McMullen Booth Road (Continued from the meetinf! of April 21. 2009) Level Two Applications Gtem 1-4) 1. Case: FLD2009-04015 - (1) 1740 Weston Drive; (2) 1571 Cleveland Street; (3) 2634 Saba1 Springs Drive; (4) 1840 Airport Drive; (5) 1700 Belcher Road; (6) 1709 Keene Road; (7) 3024 Eastland Boulevard; (8) 2784 Enterprise Road East; (9) 2775 State Road 580; (10) 2698 Fifth Avenue North; (11) 1515 Cleveland Street; (12) 2630 Sabal Springs Drive; and (13) 600 South Evergreen Avenue. \I YES NO ----A--- 2.casj)( FLD2009-03012/PLT2009-00001 - 1888 N. Betty Lane YES NO 3. Case: FLD2009-02007 - 801 and 811 Cleveland Street, 23 S. Myrtle Avenue and 802 and 804 Park S~ YES NO S:\Planning DepartmentlC D BlAgendas DRC & CDBlCDB\2009105 May 19, 200911 Cover MMO 05. 19.2009.doc , I. ,.. 4. Case: FLD2009-03013 - 101 and 105 Coronado Drive and 35 Devon Drive (Related to DVA2009-00001) YES+ NO LEVEL THREE APPLICATION (Item 1): Case: DV A2009-00001 - 101 and 105 Coronado Drive and 35 Devon Drive (Related to FLD2009- 03013) K YES NO Signature: ~~/L. L. \ :J>~S PRINT NAME Date: L" 1!7h q I ( r S:\P/anning DepartmentlC D B\Agendas DRC & CDBICDB\2009\05 May /9. 2009\1 Cover MMO 05. 19.2009.doc .,.. , ~ " TO: FROM: COPIES: ~ Clearwater u Interdepartmental Correspondence Sheet Community Development Board Members Robert Tefft, Development Review Manager Leslie Dougall-Sides, Assistant City Attorney; Susan Chase, City Clerk Specialist; Sue Diana, Assistant City Clerk; /Pat Sullivan, Board Reporter SUBJECT: DATE: Agenda Items for May 14, 2009 May 19, 2009 CDB packets being distributed on contain the following items: Agenda Site investigation form Unapproved minutes of previous meeting April 16, 2009 CONTINUED ITEM atem 1): 1. Case: APP2009-00001-1850 McMullen Booth Road (Continued from the meetinf! of AIJril21. 2009) Level Two Applications (Item 1-4) 1. Case: FLD2009-04015 - (1) 1740 Weston Drive; (2) 1571 Cleveland Street; (3) 2634 Sabal Springs Drive; (4) 1840 Airport Drive; (5) 1700 Belcher Road; (6) 1709 Keene Road; (7) 3024 Eastland Boulevard; (8) 2784 Enterprise Road East; (9) 2775 State Road 580; (10) 2698 Fifth Avenue North; (11) 15 1 57 Ie eland Street; (12) 2630 Sabal Springs Drive; and (13) 600 South Evergreen Avenue. YES NO 2.Cases: I~D2009-030l2/PLT2009-0000l - 1888 N. Betty Lane YES NO n '-\' 3. Case: FLD2009-02007 - 801 and 811 Cleveland Street, 23 S. Myrtle Avenue and 802 and 804 Park StreeY YES V NO /, S:IPlanning DepartmentlC D BlAgendas DRC & CDBlCDB\2009\05 May 19,2009\1 Cover MMO 05.19.2009.doc .Ii. ( . ... 4. Case: FLD2009-03013 - 101 and 105 Coronado Drive and 35 Devon Drive (Related to DV A2009~0001) YES V NO LEVEL THREE APPLICATION (Item 1): Case: D7009-00001 - 101 and 105 Coronado Drive and 35 Devon Drive (Related to FLD2009- 03013) YES NO Signature: (" V'/ A/;D/U;k~ PRINT NAME S:\Planning DepartmentlC D BlAgendas DRC & CDBICDB\2009\05 May 19. 2009\1 Cover MMO 05. 19.2009.doc FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER lOCAL PUBLIC OFFICERS o OTHER LOCAL AGENCY o ELECTIVE WHO MUST FILE FORM 88 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your 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 reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. 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 private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. * APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: . You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 86 - EFF. 1/2000 PAGE 1 APPOINTED OFFICERS (continued) . A copy of the form must be provided immediately to the other members of the agency. . The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: . You must disclose orally the nature of your conflict in the measure before participating. . You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. I, 1r ilJ-i1 DISCLOSURE OF LOCAL OFFICER'S INTEREST $tJ-.r!:--er- , hereby disclose that on .511 f f ,20 d?: (a) A measure came or will come before my agency which (check one) A inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, ~ inured to the special gain or loss of Nt J-f'~ (' VV\. whom I am retained; or inured to the special gain or loss of is the parent organization or subsidiary of a principal which has retained me. , by , which (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: r I e.,K ; tie- b lYle-I" f""""+ a ttr"VILI tr A. SrI-I!!. f /...11 /tev-elor-"-r- fl'e?ard ~b()lA.I1~ f ~?~~j/v WtLJ usd it,. 4 rerm/I- A/jP~C4~'b4 of- wI, /ch fh y I?r "'" StArY7 ~ w/,,'cl. (J,.b ').001- 07..007 ~/;9109 Date Filed' . ~~ Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES 9112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 88 - EFF. 112000 PAGE 2 EXHIBIT: STAFF REPORT APP2009-00001 2009-05-13 CDB Meeting Date: April 21, 2009 Case Number: APP2009-00001 Agenda Item: G. 1. Owner: Countryside Christian Center Appellant: Pastor Glen Gannon Agent: Michael J. Gaylor, P.E., Gaylor Engineering Address: 1850 McMullen Booth Road CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT GENERAL INFORMATION: REQUEST: An appeal from a Level One (Flexible Standard Development) denial decision pursuant to Community Development Code Section 4-501.A.3, that a requested basketball court within an existing grass off-street parking area is inconsistent with the General Standards for Level One Approvals as set forth in Community Development Code Section 3- 913.A.6; the standards for Off-Street Parking Spaces as set forth in Community Development Code Sections 3-1404.B and C; and the standards for Conformance to Uniform Traffic Control Devices as set forth in Community Development Code Section 3-1410.A. CURRENT ZONING: Institutional (I) and Office (O) Districts CURRENT FUTURE LAND USE CATEGORY: Institutional (I) and Residential/Office Limited PROPERTY USE: Current Use:Place of Worship Proposed Use: Place of Worship BACKGROUND: The 19.969-acre subject property is located on the west side of McMullen Booth Road, approximately 1,280 feet north of State Road 590. The property consists of an existing place of worship (Countryside Christian Center) and its associated off-street parking. On August 23, 2005, a development order was issued approving a Flexible Standard Development (FLS) application for the construction of a 22,659 square foot addition to the existing place of worship with a reduction in the number of required off-street parking spaces from one space for every two seats to one space for every three seats within the sanctuary, as per Community Development Code (CDC) Section 2- 1203.I. It was subsequently identified that this approval did not take into account that some of the required off-street parking spaces were located on a parcel of land that was zoned Office (O) District, which would technically require that the approving development order have included a referenced to an additional Section of the CDC: 2-1003.H. As the required public notice did not reference such, that portion of the approving development order could have been considered to be invalid. Therefore, when an amended building permit was being sought for site improvements associated with the construction of the aforementioned addition, it was requested that the applicant submit a new application for specific approval of the off-street parking spaces within the O District. Staff also directed the applicant to include requests for two other issues that had more recently come to light: the installation of two 35-foot high light poles within the required off-street parking area; and the construction of a basketball court within the required off-street parking area. Community Development Board – April 21, 2009 APP2009-00001 – Page 1 EXHIBIT: STAFF REPORT APP2009-00001 2009-05-13 On February 2, 2009, an FLS application was submitted for the installation of 29 grass off-street parking spaces, a basketball court within an existing grass off-street parking area, and an amendment to the previously approved lighting plan to allow for the addition of two 35-foot high light poles within the I District as per Community Development Code (CDC) Section 2-1203.I; and to allow 28 grass off-street parking spaces within the O District with a reduction to the rear (west) setback from 20 feet to 10 feet (to new grass parking) in association with the existing place of worship as per CDC Section 2-1003.H. It is noted that the applicant later amended this request to no longer include the addition of the two 35-foot high light poles. The light poles, which had previously been installed without the necessary permits, were physically removed from the off-street parking area and the applicant has indicated that should the church decide to consider a new lighting arrangement in the future, that plans would be submitted along with the appropriate engineering report for review and permitting. At its meeting of March 5, 2009, the Development Review Committee (DRC) reviewed the amended application and found that the application was legally sufficient. The DRC also made a recommendation to the Community Development Coordinator that the portion of the request pertaining to the installation of new off-street parking within the I zoned property as well as the previously installed off-street parking in the O zoned property be approved, while that portion of the application pertaining to the proposed basketball court be denied. Subsequent to the DRC meeting the applicant met with the Community Development Coordinator to discuss the issues associated with the proposed basketball court and submitted photographs of the basketball court, as it exists on the subject property. On March 13, 2009, a development order was issued that approved, with conditions, the Flexible Standard Development application for the installation of 29 grass off-street parking spaces within the Institutional (I) zoned portion of the property and to allow 28 grass off-street parking spaces within the Office (O) zoned portion of the property with a reduction to the rear (west) setback from 20 feet to 10 feet (to new grass parking) in association with the existing place of worship as per CDC Section 2-1003.H., based upon the following findings of fact and conclusions of law: Findings of Fact: 1. That the 19.969 acre property is located on the west side of McMullen Booth Road approximately 1,280 feet north of the intersection of State Road 590 and McMullen Booth Road; 2. That the subject property is located within the Institutional (I) and Office (O) Zoning Districts and the Institutional (I), and Residential/Office Limited (R/OL) Future Land Use Plan categories; 3. That the request to amend the previously approved lighting plan with the addition of two 35-foot light poles was removed from the application through request by the applicant and removal of the two 35- foot light poles from the property; 4. That the development proposal is compatible with the surrounding area with regard to the request for 29 grass off-street parking spaces within the Institutional (I) zoned portion of the property and 28 off- street parking spaces and setback reduction within the Office (O) zoned portion of the property; and 5. That there are no outstanding Code Enforcement issues associated with the subject property. Conclusions of Law: 1. The setback proposal complies with the Place of Worship criteria under the provisions of CDC Section 2-1003.H; 2. The proposed basketball court does not comply with the noise General Applicability Criteria under the provision of CDC Section 3-913.A.6; 3. The basketball court design does not comply with the off-street parking space striping standards of CDC Section 3-1404.B; 4. The basketball court location in the center of a drive aisle and parking spaces does not comply with the off-street parking space availability standards of CDC Section 3-1404.C; and Community Development Board – April 21, 2009 APP2009-00001 – Page 2 EXHIBIT: STAFF REPORT APP2009-00001 2009-05-13 5. The basketball court design does not comply with the uniform traffic control devices standards of CDC Section 3-1410.A. As per the above conclusions, that portion of the original request pertaining to the installation of the basketball court within the existing grass off-street parking area was denied. An appeal from the above Level One (flexible standard development) decision was filed on behalf of the property owner by Michael J. Gaylor, P.E., of Gaylor Engineering on March 23, 2009, consistent with the timeframe established for an appeal to be initiated in CDC Section 4-502.A. Pursuant to CDC Section 4- 501.A.3, the Community Development Board (CDB) has the authority to hear appeals from Level One (flexible standard development) decisions. Pursuant to CDC Section 4-504.A, the CDB shall review the application, the recommendation of the Community Development Coordinator, conduct a quasi-judicial public hearing on the application, and render a decision in accordance with the provisions of CDC Section 4-206.D.5 granting the appeal, granting the appeal subject to specified conditions, or denying the appeal. It is noted that pursuant to CDC Section 4-504.B, in order to grant an appeal, overturning or modifying the decision appealed from, the CDB shall find that based on substantial competent evidence presented by the applicant or other party that each and every one of the following criteria are met: 1. The decision appealed from misconstrued or incorrectly interpreted the provisions of this development code; and 2. The decision of the CDB will be in harmony with the general intent and purpose of this development code; and 3. The decision of the CDB will not be detrimental to the public health, safety and general welfare. Prepared by Planning Department Staff: __________________________________________ Robert G. Tefft, Development Review Manager ATTACHMENTS: Development Order Issued on March 13, 2009 ?? Photographs of Site and Vicinity ?? S:\Planning Department\C D B\Appeals\McMullen Booth 1850 Countryside Christian (I and O) 2009.04 - MJ\Appeal Staff Report 2009 04- 21.doc Community Development Board – April 21, 2009 APP2009-00001 – Page 3 EXHIBIT: STAFF REPORT FLD2009-02007 2009-05-19 CDB Meeting Date: May 19, 2009 Case Number: FLD2009-02007 Agenda Item: E.3. Owner/Applicant: RULE, LLP Representative: Robert Gregg Address: 801 and 811 Cleveland Street, 23 S. Myrtle Avenue and 802 and 804 Park Street CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT GENERAL INFORMATION: REQUEST: Flexible Development approval to permit a mixed use of 9,073* square feet of restaurants, 3,464 square feet of retail sales and services, one dwelling unit and 655 square feet of nonconforming vehicle sales (rental)/display floor area in the Downtown (D) District with building heights ranging from 15 to 24 feet and 30 parking spaces, as a Comprehensive Infill Redevelopment Project, under the provisions of CDC Section 2-903.C. (*The application was advertised for 9,728 square feet of restaurants, but the application has been corrected and reduced to 9,073 square feet.) CURRENT ZONING: Downtown (D) District CURRENT FUTURE LAND USE CATEGORY: Central Business District (CBD) DOWNTOWN CHARACTER DISTRICT:Town Lake Residential PROPERTY USE: Current Use:Restaurant, retail sales and services, auto rental and one dwelling unit Proposed Use: Restaurants, retail sales and services, auto rental and one dwelling unit EXISTING North: Downtown (D) District Retail sales and services SURROUNDING South: Downtown (D) District Retail sales and services ZONING AND USES: East: Downtown (D) District Attached dwellings and Vehicle repair West: Downtown (D) District Restaurant and Vehicle repair ANALYSIS: Site Location and Existing Conditions: The 0.879 acres is located on the east side of S. Myrtle Avenue between Cleveland and Park Streets within the Downtown Redevelopment Plan area. While under single ownership, the overall subject property is comprised of a number of platted lots under four parcel numbers. A portion of the site is currently developed with an operating restaurant (Café Supreme) and a nonconforming auto rental establishment (Avis) at 801 Cleveland Street. This building was approved for renovation under Case No. FLS2008- 06014, with the Development Order dated June 18, 2008. The building at 811 Cleveland Street is currently vacant but was formerly a restaurant (Fiore’s), which closed in October 2005. The building at Community Development Board – May 19, 2009 FLD2009-02007 – Page 1 of 10 EXHIBIT: STAFF REPORT FLD2009-02007 2009-05-19 23 S. Myrtle Avenue is currently vacant but was formerly retail sales and services uses (last business closed in October 2006). The building at 802 Park Street is currently operating as a retail sales and service establishment (The Wicker Shack). The ground floor unit at 804 Park Street is currently vacant (no prior uses), while there is a dwelling unit on the second floor. All surrounding properties are zoned Downtown (D) District. A Walgreen’s retail sales establishment is located to the north across Cleveland Street. A restaurant (Angie’s) and a vehicle repair (Magicar) are businesses located to the west across S. Myrtle Avenue. Retail sales establishments, including ConsignMint, are located to the south across Park Street. The City’s Municipal Services Building is located to the southwest across S. Myrtle Avenue and Park Street. Properties to the east are developed with townhome residential units (Mediterranean Village) and a vehicle repair establishment (Bob Lee’s). Development Proposal: While the building and a portion of the area on the west side of 801 Cleveland Street has recently been redeveloped with a restaurant, including an outdoor café, and the Avis car rental use was relocated to the south side of the building, this proposal upgrades the vehicle display area on the west side of the building by providing landscape screening along S. Myrtle Avenue. The building at 811 Cleveland Street will be redeveloped with a new restaurant with an outdoor café along Cleveland Street between the buildings. The exterior of 811 Cleveland Street will be greatly enhanced over the current condition with a decorative tower on the northwest corner of the building, new windows, new stucco and a much more inviting color scheme. Due to parking requirements, the need to provide a Parking Demand Study detailing the proposed uses and square footage of buildings on this overall site and the need for a parking reduction, this proposal primarily is for the building at 811 Cleveland Street. However, realizing the other buildings on this site need to be included, as parking for all buildings are intermixed, the applicant has included the buildings at 23 S. Myrtle Avenue and 802/804 Park Street. The applicant, however, has not submitted at this time building elevations and colors to indicate the future appearance for the buildings at 23 S. Myrtle Avenue and 802/804 Park Street. This proposal anticipates changing the use of, and expanding, the building at 23 S. Myrtle Avenue to permit a restaurant. There presently exists a canopy at the southwest corner of the building that would be used for an outdoor café. An approximate 572 square-foot building addition is planned at the southeast corner of the building. The proposal also anticipates an approximate 500 square- foot building addition to the rear of 802 Park Street. Normally, Code provisions require at least the submission of a Flexible Standard (FLS) application to modify the exterior appearance of buildings downtown. Based on the appearance of the existing renovated building at 801 Cleveland Street and the proposed renovation of the building at 811 Cleveland Street, Staff is comfortable with providing for such change of use and/or expansions through this FLD application, subject to requiring the submission and Staff approval of such building elevations for 23 S. Myrtle Avenue and 802/804 Park Street through the Flexible Standard (FLS) process prior to the submission for building permits. Future renovations of these two buildings at 23 S. Myrtle Avenue and 802/804 Park Street should reflect complementary building designs and color to 801 and 811 Cleveland Street. The proposal includes reconditioning the parking lots for all of these buildings, improving it to current Code requirements for access, design and handicap accessibility. While only a total of 30 parking spaces will be provided on-site for all four buildings, the applicant proposes to operate the major restaurant at 811 Cleveland Street with valet service for parking within the surrounding area. Additionally, landscaping will be installed along Cleveland Street, S. Myrtle Avenue and Park Street and interior landscaping will be installed to direct traffic flow and visually improve its appearance. The existing driveway between 801 and 811 Cleveland Street will be removed, improving pedestrian safety and the visual appearance along Cleveland Street. Unsightly existing overhead utility lines will be Community Development Board – May 19, 2009 FLD2009-02007 – Page 2 of 10 EXHIBIT: STAFF REPORT FLD2009-02007 2009-05-19 undergrounded. Existing unscreened dumpsters will be consolidated, located to the northeast side of 802/804 Park Street and placed within an appropriately sized and designed dumpster enclosure. The re-establishment of a restaurant at 811 Cleveland Street will provide additional eating establishments in the downtown area and create jobs. The outdoor café for this restaurant will also provide street life in an area that has become visually blighted. The proposed redevelopment proposal complies with the Downtown design guidelines. Together with the renovated building at 801 Cleveland Street, as well as the future renovation of the buildings at 23 S. Myrtle Avenue and 802/804 Park Street, this development will form a cohesive, visually interesting and attractive appearance for a site in need of upgrading. Floor Area Ratio (FAR): Pursuant to the Downtown Redevelopment Plan for the Town Lake Residential character district, the maximum FAR is 1.0. The site is currently developed with 12,588 square feet of buildings at a FAR of 0.328. With the building additions proposed, a total of 13,660 square feet of buildings produces a future FAR of 0.356, still below the maximum allowable FAR. Minimum Setbacks: There are no minimum setbacks in the Downtown (D) District. Pursuant to the Downtown Redevelopment Plan, the District Vision for the Town Lake Residential area anticipates commercial development on Cleveland Street and S. Myrtle Avenue to be designed with a build-to line close to the street and parking/service areas located to the rear, providing comfortable and safe pedestrian access while accommodating vehicles. This proposal complies with this Vision. Maximum Building Height: Pursuant to the Downtown Redevelopment Plan, the District Vision for the Town Lake Residential area sets the maximum allowable height at 75 feet. The existing and proposed buildings will range in height from 15 to 24 feet, well below the maximum. Minimum Off-Street Parking: Pursuant to CDC Table 2-903, the minimum required parking for a mixed- use project is based on the requirements for each use. The applicant has provided a Shared Parking Calculation pursuant to CDC Section 3-1405, which indicates, based on the square footage of restaurants and retail sales/auto rental use and the one dwelling unit, a range between 54 and 152 parking spaces are required for this mixed-use project. A total of 30 parking spaces are being provided on-site in the renovated parking lot, which represents a shortage of between 24 and 122 parking spaces. This application is being processed as a Comprehensive Infill Redevelopment Project use due to this shortage/reduction to required parking. The applicant has submitted a Parking Demand Study that analyzed the availability of off-site parking within 1,000 feet of the subject property. The major restaurant at 811 Cleveland Street plans to provide a valet parking service for their patrons. The Study found three parking garages within the Study area with 396 parking spaces available to the general public. There are an additional 296 surface parking spaces available that are either metered, by permit or non- metered. Parking at the Municipal Services Building and in the adjacent City parking garage are available after 5:00 pm and on weekends. This Study concludes there is adequate parking within the surrounding area to provide parking for these businesses. Under this proposal, the existing driveway on Cleveland Street as well as the driveway on the west side of 23 S. Myrtle Avenue will be removed. A main driveway on S. Myrtle Avenue will be retained, as well as the driveway between the buildings at 23 S. Myrtle Avenue and 802 Park Street. The proposal indicates potential vehicular access to a private road to the east of the subject property. The dumpster enclosure is also being accessed from this private road. This private road is for the townhomes to the east of the site. Prior to the issuance of any permits, the applicant will need to provide documentation that this site has legal access to this private road. Mechanical Equipment: Pursuant to CDC Section 3-201.D.1, all outside mechanical equipment must be screened so as not to be visible from public streets and/or abutting properties. All mechanical equipment Community Development Board – May 19, 2009 FLD2009-02007 – Page 3 of 10 EXHIBIT: STAFF REPORT FLD2009-02007 2009-05-19 will be located on top of the flat roof of the buildings. Prior to the issuance of the building permit for each building, building plans will need to show compliance with required screening of rooftop mechanical equipment by parapets or other screening material. Utilities: Pursuant to CDC Section 3-911, for development that does not involve a subdivision, all utilities including individual distribution lines must be installed underground unless such undergrounding is not practicable. There do exist overhead utility services serving all existing buildings except 801 Cleveland Street (undergrounded when this building was renovated). The proposal includes undergrounding all existing overhead lines. Electric panels and boxes on the outside of the building must be painted the same color as the building. Landscaping: Except for the renovated building at 801 Cleveland Street that has been landscaped, this site does not have any landscaping. The proposal includes reconditioning the parking area for all of these buildings. Landscaping will be added along S. Myrtle Avenue to screen the vehicle display area for Avis at 801 Cleveland Street. Landscaping will also be added along S. Myrtle Avenue and Park Street on the west and south sides of 23 S. Myrtle Avenue for site beautification. Interior landscaping, meeting Code requirements within islands and landscaping adjacent to the side and rear of the buildings, will be installed, upgrading the appearance of the parking areas. Solid Waste: There exist dumpsters for this property unscreened from view from streets and adjacent properties. The proposal will consolidate dumpsters to the northeast side of 802/804 Park Street into an appropriately sized dumpster enclosure. The exterior of the dumpster enclosure will need to have a stucco finish the same color as the buildings. The proposal has been found to be acceptable by the City’s Solid Waste Department. Signage: CDC Section 3-1806.B.3.a permits only one attached sign per business. There is an active Code violation against 801 Cleveland Street for erecting an additional attached sign for Café Supreme without necessary permits and a Comprehensive Sign Program (BIZ2008-01796). This same Code violation case includes portable signs and sandwich board signs that are prohibited or have not been granted any sign permit. Any approval of this application should be conditioned on correction of this violation within 30 days of such CDB approval. The plans for the proposed restaurant at 811 Cleveland Street indicate two attached signs. Again, a Comprehensive Sign Program will be required to permit more than one attached sign for this business, and such Comprehensive Sign Program will need to include all businesses under this approval. Code Enforcement Analysis: There is an active Code violation against 801 Cleveland Street for erecting an additional attached sign for Café Supreme without necessary permits and a Comprehensive Sign Program and includes portable signs and sandwich board signs that are prohibited or have not been granted any sign permit (BIZ2008-01796). CLEARWATER DOWNTOWN REDEVELOPMENT PLAN: Downtown Design Guidelines: The Downtown Design Guidelines identify both appropriate and inappropriate direction with regard to various elements associated with new construction and renovations in the Downtown. A review of these Guidelines within the Plan was conducted and the following applicable items were identified: Vehicular Circulation/Access and Parking: The Downtown Design Guidelines state the location, number and design of driveways shall maintain the urban fabric of the Downtown and that parking lots adjacent to rights-of-way shall be screened with either a landscaped buffer or a solid wall three feet in height. The subject property presently consists of a Community Development Board – May 19, 2009 FLD2009-02007 – Page 4 of 10 EXHIBIT: STAFF REPORT FLD2009-02007 2009-05-19 driveway on Cleveland Street that will be closed with this proposal. An outdoor café is proposed adjacent to Cleveland Street for the restaurant at 811 Cleveland Street. Landscaping separating the outdoor café from Cleveland Street and the parking area will screen parking south of this outdoor café. A main driveway is being retained mid-block on S. Myrtle Avenue that will provide access to off-street parking for the site. The retention of the driveway will not be inconsistent or out-of-character with the urban fabric of the Downtown. An existing driveway on the west side of 23 S. Myrtle Avenue is proposed to be removed. A driveway between 23 S. Myrtle Avenue and 802 Park Street is being retained to also provide access to off-street parking for this site. The retention of the driveway will not be inconsistent or out-of- character with the urban fabric of the Downtown. Existing off-street parking is not screened from view from the adjacent rights-of-way. The proposal includes installing landscaping along S. Myrtle Avenue to screen parking spaces and the vehicle display area for Avis from view from the rights-of-way. Additionally, the Guidelines state the use of interlocking pavers, brick or other similarly textured materials for parking lot surfacing and/or accents should be incorporated into the site design. This proposal has not complied with this requirement and any approval of this application should include a condition requiring compliance prior to the issuance of any permits. Building Design: The Downtown Design Guidelines state buildings shall have a distinct “base,” “middle” and “cap.” The “base” of the building is distinguished through the application of a raised stucco base, and the “cap” through the appliance of decorative molding along the parapet, as well as a decorative tower over the main entry on the northern façade of the 811 Cleveland Street building. The changes proposed to the architectural elevations result in a substantial upgrade toward achieving consistency with this Guideline. Façade Design: The Downtown Design Guidelines state all façades of a building should reflect a unified architectural treatment. The proposed architectural elevations provide a major upgrade to the building façades, which will result in façades that are architecturally consistent with one another. Color: The Downtown Design Guidelines state the number and type of building colors should be appropriate for and consistent with the architectural style. The proposed building colors are appropriate for the architectural style of the building and consist of gold color for the raised stucco base below the windows, a muted red color for columns between the windows and upper building stucco banding, a beige band above the windows stucco treatments, and white for a stucco band at the top of the building façade. Visions, Goals, Objectives and Policies: A review of the Clearwater Downtown Redevelopment Plan was conducted and the development proposal has been determined to be consistent with the following Visions, Goals, Objectives and Policies: Vision: Quality urban design is critical to new construction and renovated buildings. Vision: An adequate parking supply must be available coterminous with new uses. People Goal 1: Downtown shall be a place that attracts people for living, employment and recreation. The City shall encourage redevelopment that will attract residents and visitors to Downtown as a recreation, entertainment and shopping destination. Objective 1A: All development within Downtown shall further the Goals, Objectives and Policies of this Plan and shall be consistent with the character districts, the design guidelines and the Downtown (D) District. Community Development Board – May 19, 2009 FLD2009-02007 – Page 5 of 10 EXHIBIT: STAFF REPORT FLD2009-02007 2009-05-19 Objective 1E: A variety of businesses are encouraged to relocate and expand in Downtown to provide a stable employment center, as well as employment opportunities for Downtown residents. Movement Goal 2: Create an environment where both people and vehicles can circulate throughout Downtown safely and effectively. Objective 2H: A variety of parking solutions for motorized and non-motorized vehicles shall be pursued to support redevelopment while maintaining ease of access and parking throughout the Downtown. Amenity Goal 3: Create Downtown as a memorable place to be enjoyed by residents and visitors that capitalizes on Clearwater’s waterfront location, natural resources, built environment and history. Objective 3D: Redevelopment is encouraged to create a vibrant Downtown environment containing a variety of building forms and styles that respect Downtown’s character and heritage. Policy 1: The Downtown Design Guidelines establish the quality and design features expected for renovation, redevelopment and new construction in Downtown with which all projects must be consistent. Town Lake Residential Character District Policies: The following policies governing development within the Town Lake Residential character district have been identified as being applicable to the development proposal: Policy 4: Community scale commercial uses that serve the general needs of multiple neighborhoods are only permitted on Myrtle Avenue, Cleveland, Court and Chestnut Streets. The proposed restaurant at 811 Cleveland Street will provide a dining establishment that will not only provide for downtown patrons but for patrons throughout Clearwater and other communities. COMPLIANCE WITH STANDARDS AND CRITERIA: The following table depicts the consistency of the redevelopment proposal for this site with the standards as per the Downtown Redevelopment Plan for the Town Lake Residential character district and CDC Table 2-903: Standard Proposed Consistent Inconsistent Floor Area Ratio 1.0 0.356 X Impervious Surface 1.0 0.926 X Ratio Maximum Height 75feet 15 – 24 feet (to flat roofs) X 1 Minimum 54 – 152 parking spaces per Shared 30 parking spaces X Off-Street Parking Parking Calculation based on proposed uses (restaurants, retail sales and one dwelling unit) 1 See analysis in the Staff Report Community Development Board – May 19, 2009 FLD2009-02007 – Page 6 of 10 EXHIBIT: STAFF REPORT FLD2009-02007 2009-05-19 COMPLIANCE WITH FLEXIBILITY CRITERIA: The following table depicts the consistency of the development proposal with the Flexibility criteria as per CDC Section 2-903.C (Comprehensive Infill Redevelopment Project): Consistent Inconsistent 1 1. The development or redevelopment is otherwise impractical without deviations from X the use and/or development standards set forth in this zoning district. 2. The development or redevelopment will be consistent with the goals and policies of X the Comprehensive Plan, as well as with the general purpose, intent and basic planning objectives of this Code, and with the intent and purpose of this zoning district. 3. The development or redevelopment will not impede the normal and orderly X development and improvement of surrounding properties. 4. Adjoining properties will not suffer substantial detriment as a result of the proposed X development 5. The proposed use shall otherwise be permitted by the underlying future land use X category, be compatible with adjacent land uses, will not substantially alter the essential use characteristics of the neighborhood; and shall demonstrate compliance with one or more of the following objectives: a. The proposed use is permitted in this zoning district as a minimum standard, flexible standard or flexible development use; b. The proposed use would be a significant economic contributor to the City’s economic base by diversifying the local economy or by creating jobs; c. The development proposal accommodates the expansion or redevelopment of an existing economic contributor; d. The proposed use provides for the provision of affordable housing; e. The proposed use provides for development or redevelopment in an area that is characterized by other similar development and where a land use plan amendment and rezoning would result in a spot land use or zoning designation; or f. The proposed use provides for the development of a new and/or preservation of a working waterfront use. 1 6. Flexibility with regard to use, lot width, required setbacks, height and off-street X parking are justified based on demonstrated compliance with all of the following design objectives: a. The proposed development will not impede the normal and orderly development and improvement of the surrounding properties for uses permitted in this zoning district; b. The proposed development complies with applicable design guidelines adopted by the City; c. The design, scale and intensity of the proposed development supports the established or emerging character of an area; d. In order to form a cohesive, visually interesting and attractive appearance, the proposed development incorporates a substantial number of the following design elements: Changes in horizontal building planes; ?? Use of architectural details such as columns, cornices, stringcourses, ?? pilasters, porticos, balconies, railings, awnings, etc.; Variety in materials, colors and textures; ?? Distinctive fenestration patterns; ?? Building stepbacks; and ?? Distinctive roofs forms. ?? e. The proposed development provides for appropriate buffers, enhanced landscape design and appropriate distances between buildings. 1 See analysis in Staff Report. Community Development Board – May 19, 2009 FLD2009-02007 – Page 7 of 10 EXHIBIT: STAFF REPORT FLD2009-02007 2009-05-19 COMPLIANCE WITH GENERAL STANDARDS FOR LEVEL TWO APPROVALS: The following table depicts the consistency of the development proposal with the General Standards for Level Two Approvals as per CDC Section 3-913: Consistent Inconsistent 1. The proposed development of the land will be in harmony with the scale, bulk, X coverage, density and character of adjacent properties in which it is located. 2. The proposed development will not hinder or discourage development and use of X adjacent land and buildings or significantly impair the value thereof. 3. The proposed development will not adversely affect the health or safety of persons X residing or working in the neighborhood. 4. The proposed development is designed to minimize traffic congestion. X 5. The proposed development is consistent with the community character of the X immediate vicinity. 6. The design of the proposed development minimizes adverse effects, including X visual, acoustic and olfactory and hours of operation impacts on adjacent properties. SUMMARY AND RECOMMENDATION: The Development Review Committee (DRC) reviewed the application and supporting materials at its meeting of April 2, 2009, and deemed the development proposal to be sufficient to move forward to the Community Development Board (CDB), based upon the following findings of fact and conclusions of law: Findings of Fact. The Planning Department, having reviewed all evidence submitted by the applicant and requirements of the Community Development Code, finds that there is substantial competent evidence to support the following findings of fact: 1. The 0.879 acres is located on the east side of S. Myrtle Avenue between Cleveland and Park Streets within the Downtown Redevelopment Plan area; 2. The site is currently developed with four buildings and associated parking areas internal to the site; 3. The building at 801 Cleveland Street is currently developed with an operating restaurant (Café Supreme) and a nonconforming auto rental establishment (Avis), approved for renovation under Case No. FLS2008-06014; 4. The building at 811 Cleveland Street is currently vacant but was formerly a restaurant (Fiore’s), which closed in October 2005; 5. The proposal includes redeveloping the building at 811 Cleveland Street with a new restaurant with an outdoor café along Cleveland Street between the buildings and an upgraded appearance; 6. The proposal includes changing the use of, and expanding, the building at 23 S. Myrtle Avenue to permit a restaurant; 7. The proposal also includes the expansion of the retail sales building at 802 Park Street; 8. The proposal includes reconditioning the parking lots for all of these buildings, improving it to current Code requirements for access, design and handicap accessibility, as well as installing landscaping where none exists today; 9. A total of 30 parking spaces are being provided on-site in the renovated parking lot, which represents a shortage of between 24 and 122 parking spaces; 10. A Parking Demand Study concludes there is adequate parking within the surrounding area to provide parking for these businesses with the uses proposed; and 11. There is an active Code violation against 801 Cleveland Street for erecting an additional attached sign for Café Supreme without necessary permits and a Comprehensive Sign Program and includes portable signs and sandwich board signs that are prohibited or have not been granted any sign permit (BIZ2008-01796). Community Development Board – May 19, 2009 FLD2009-02007 – Page 8 of 10 EXHIBIT: STAFF REPORT FLD2009-02007 2009-05-19 Conclusions of Law. The Planning Department, having made the above findings of fact, reaches the following conclusions of law: 1. That the development proposal is consistent with the Standards as per the Downtown Redevelopment Plan for the Town Lake Residential character district and CDC Table 2-903; 2. That the development proposal is consistent with the Flexibility criteria as per Section 2-903.C of the Community Development Code; 3. That the development proposal is consistent with the General Standards for Level Two Approvals as per Section 3-913 of the Community Development Code; and 4. That the development proposal is consistent with the Design Guidelines of the Downtown Redevelopment Plan. APPROVAL Based upon the above, the Planning Department recommends of the Flexible Development application to permit a mixed use of 9,073 square feet of restaurants, 3,464 square feet of retail sales and services, one dwelling unit and 655 square feet of nonconforming vehicle sales (rental)/display floor area in the Downtown (D) District with building heights ranging from 15 to 24 feet and 30 parking spaces, as a Comprehensive Infill Redevelopment Project, under the provisions of CDC Section 2-903.C, with the following conditions: Conditions of Approval: 1. That the final design and color of the buildings be consistent with the elevations approved by the CDB; 2. That, prior to the issuance of any permit, a Declaration of Unity of Title be recorded in the public records; 3. That outdoor vehicle display for the auto rental business be confined to that area identified on the approved site plan, not encroach into any customer or employee parking space, drive aisles or landscaped area and the display area be outlined with paint on the pavement surface prior to the issuance of a Certificate of Completion. It shall be the applicant's obligation to maintain the display area painted outlines on the parking surface; 4. That, prior to the issuance of any permits, the applicant provide documentation that this site has legal access to the private road to the east of the site, and if legal access to the private road to the east of the site is not acquired, that an amendable access to the dumpster be worked out; 5. That, prior to the issuance of any permits, interlocking pavers, brick or other similarly textured materials for parking lot surfacing and/or accents acceptable to Planning Staff be incorporated into the site design; 6. That all dumpsters be located within an approved enclosure and the exterior of the dumpster enclosure have a stucco finish the same color as the building; 7. That approval of this application be subject to the undergrounding of overhead utilities serving all four buildings on this site prior to the issuance of a Certificate of Completion for 811 Cleveland Street; 8. That, prior to the issuance of a building permit, building construction plans show compliance with required screening of rooftop mechanical equipment by parapets or other screening material; 9. That approval of building elevations and building colors for the use of and/or additions to 23 S. Myrtle Avenue and 802/804 Park Street be through the Flexible Standard (FLS) process prior to the submission for building permits for these buildings; 10. That, prior to the issuance of the Certificate of Completion for each building, electric panels and boxes on the outside of the building be painted the same color as the building; 11. That, by June 19, 2009, an application for a Comprehensive Sign Program be submitted to the Planning Department for the entire subject property, including 801 Cleveland Street (to correct current sign violations), or signs in violation at 801 Cleveland Street be removed; Community Development Board – May 19, 2009 FLD2009-02007 – Page 9 of 10 EXHIBIT: STAFF REPORT FLD2009-02007 2009-05-19 12. That canopies projecting into the Cleveland Street right-of-way meet the requirements of CDC Section 3-908.A.1; 13. That building construction plans include review for Crime Prevention Through Environmental Design (CPTED) (contact Sgt. Gregory Stewart, Clearwater Police Department); and 14. That, prior to the issuance of any permit, all requirements of General Engineering, Environmental Engineering, Stormwater Engineering, Traffic Engineering and the Fire Department be addressed. Prepared by Planning Department Staff: __________________________________________ Wayne M. Wells, AICP, Planner III ATTACHMENTS: Location Map ?? Aerial Map ?? Zoning Map ?? Existing Surrounding Uses Map ?? Photographs of Site and Vicinity ?? S:\Planning Department\C D B\FLEX (FLD)\Pending cases\Up for the next CDB\Cleveland 0811 Bellini (D) 2009.05 - 5.19.09 CDB - WW\Cleveland 0811 Staff Report.doc Community Development Board – May 19, 2009 FLD2009-02007 – Page 10 of 10 EXHIBIT: STAFF REPORT FLD2009-03012/PLT2009-0001 2009-05-19 CDB Meeting Date: May 19, 2009 Case Numbers: FLD2009-03012/PLT2009-00001 Agenda Item: E.2. Owner/Applicant: Habitat for Humanity of Pinellas County Representative: Ronald E. Spoor, Land Development Manager, Habitat for Humanity of Pinellas County Address: 1888 N. Betty Lane CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT GENERAL INFORMATION: REQUEST: (1) Flexible Development approval to permit a 51-lot subdivision for detached dwellings in the Medium Density Residential (MDR) District with a minimum lot area of 4,019 square feet, a minimum lot width of 40.9 feet (measured at the front setback line) and a reduction to the front setback requirement from 25 to 19 feet (to building), as a Residential Infill Project, under the provisions of Section 2-304.G; and (2) Preliminary Plat approval for a 51-lot subdivision for detached dwellings. CURRENT ZONING: Medium Density Residential (MDR) District CURRENT FUTURE LAND Residential Urban (RU) and Preservation (P) USE CATEGORY: PROPERTY USE: Current Use:Vacant (formerly a 61-unit attached dwelling complex) Proposed Use: 51-lot subdivision for detached dwellings EXISTING North: Medium Density Residential (MDR) District and Pinellas SURROUNDING ZONING County AND USES: Detached dwellings South: Medium Density Residential (MDR) District Detached dwellings and Attached dwellings East: Institutional (I) District Public school West: Low Medium Density Residential (LMDR) District and Pinellas County Detached dwellings ANALYSIS: Site Location and Existing Conditions: The 8.89 acres is located on the south side of Sunset Point Road between N. Betty Lane and Pineland Drive. The property was previously developed with a 61-unit attached dwelling complex (Homer Villas), which was demolished in July 2008. While the buildings were demolished, the roadways within the property have been retained for use in the proposed subdivision. There is a jurisdictional wetland area for Spring Branch Creek along the northern property line with a Preservation (P) land use designation. Community Development Board – May 19, 2009 FLD2009-03012/PLT2009-00001 – Page 1 of 7 EXHIBIT: STAFF REPORT FLD2009-03012/PLT2009-0001 2009-05-19 The properties to the north within the City are zoned Medium Density Residential (MDR) District and are developed with detached dwellings. Properties to the west within the City are zoned Low Medium Density Residential (LMDR) District and are developed with detached dwellings. A majority of the properties to the north and west of the subject property are presently located within unincorporated Pinellas County and are developed with detached dwellings. Properties to the south are zoned Medium Density Residential (MDR) District and are developed with seven detached dwellings fronting on N. Betty Lane and an attached dwelling complex (1770 N. Betty Lane). Property to the east is zoned Institutional (I) District and is developed with a public school. Development Proposal: Habitat for Humanity of Pinellas County proposes to redevelop the subject property with a 51-lot subdivision for detached dwellings. This project will provide affordable housing for families. To accomplish such affordability, the applicant is striving to reduce the cost of the development by providing reasonably sized lots to accommodate typical Habitat dwellings and by utilizing the existing infrastructure, including the streets, water mains and sanitary sewer lines. The location of this existing infrastructure requires reductions to development standards within the MDR District, including minimum lot area, minimum lot width and minimum front setbacks. The proposed Stevens Creek Drive will be a private street 28 feet in width and will be maintained by a homeowners association. Public sidewalks will be constructed on both sides of the street within easements. Existing water and sewer lines are either located within the proposed private street right-of-way or are located adjacent to the right-of-way within proposed utility easements. Forty-two (42) of the 51 lots will take driveway access from Stevens Creek Drive. Five lots (Lots 29 – 33) will front on and take driveway access from N. Betty Lane. Four lots (Lots 48 – 51) will front on and take driveway access from Pineland Drive. A tot lot (Tract B) is proposed as an amenity to this subdivision, located between Lots 41 and 42, and will be maintained by a homeowners association. The redevelopment of this property with a detached dwelling subdivision will be consistent with the majority of the surrounding development, which are primarily detached dwellings. This detached dwelling subdivision will be compatible with this surrounding developed character and represent an upgrade from the prior attached dwelling complex that was demolished in 2008. The redevelopment of the subject property is otherwise impractical without the proposed deviations to minimum lot area, minimum lot width and front setbacks, and such flexibility will be a benefit to the surrounding area and the City in general by providing affordable housing for families. The Preliminary Plat for this subdivision complies with the design standards of the Community Development Code. A Final Plat will be required to be approved and accepted by City Council prior to recording in the public records. Impervious Surface Ratio (I.S.R.): In the Residential Urban (RU) land use category, the allowable I.S.R is 0.65. Compliance with this requirement will need to be demonstrated on the site plan with each dwelling when applying for building permits. Minimum Lot Area and Width: Pursuant to the Community Development Code (CDC) Table 2-302 for the Medium Density Residential (MDR) District, the Minimum Standard Development for detached dwellings requires a minimum lot area of 5,000 square feet and a minimum lot width of 50 feet. This proposal is being processed as a Residential Infill Project due to the front setback reduction of 19 feet, in order to place an adequately sized dwelling on these lots. Under the Residential Infill Project use, there are no minimum lot area or lot width requirements. The applicant is proposing a minimum lot area of 4,019 square feet and a minimum lot width (measured at the front setback line) of 40.9 feet. To produce affordable housing in this project, the applicant is striving to reduce the cost of the development by providing reasonably sized lots to accommodate typical Habitat dwellings and by utilizing the existing infrastructure, including the streets, water mains and sanitary sewer lines. The depth of the lots on the south side of the southern leg of Stevens Creek Drive is limited to 95 feet, and where the developable area is further limited by an existing 15-foot wide drainage and utility easement along the southern property Community Development Board – May 19, 2009 FLD2009-03012/PLT2009-00001 – Page 2 of 7 EXHIBIT: STAFF REPORT FLD2009-03012/PLT2009-0001 2009-05-19 line. The lots on this southern side are proposed at a lot width of 42 feet, producing the 4,019 square-foot minimum lot area requested under this approval. There are only 12 lots, or 23 percent, out of the total 51 lots in this subdivision with a lot area less than the normally required 5,000 square feet. Lot width is measured at the front setback line. There are 30 out of the 51 total lots (58.8 percent) with lot widths less than the normally required 50-foot width. Most lots are internal to the subdivision, but five lots (9.8 percent; Lots 29 – 33) do front on N. Betty Lane. Lots in the surrounding area are developed with a minimum 50-foot lot width. Minimum Setbacks: Pursuant to Table 2-302 for Minimum Standard Development, the minimum setbacks in the MDR District for detached dwellings are 25-foot front, five-foot side and 10-foot rear. The proposal includes a reduction to the front setback from 25 to 19 feet, which requires processing this application as a Residential Infill Project. The applicant is proposing to utilize the existing infrastructure, including the streets, water mains and sanitary sewer lines, which limit the depth of lots on the south side of the southern leg of Stevens Creek Drive. The proposed front setback of 19 feet is to porches on the front of the dwellings, where the front of the garage will be setback approximately 27 feet in order to provide one parking space within the driveway so that vehicles do not hang over the public sidewalk. Given these circumstances, and the purpose to provide affordable housing, the reduction to the front setback is appropriate. The applicant has indicated on the plans that many of the lots will be able to meet the required front setback of 25 feet, depending on the floor plan chosen. Maximum Building Height: The maximum building height in the MDR District for detached dwellings is 30 feet. Due to the proposed reduced front setback for this subdivision, this application is being processed as a Residential Infill Project, where the maximum building height is listed at 30 – 50 feet. The applicant has indicated that this proposal will maintain a maximum building height of 30 feet, which is consistent with the MDR District standards. Minimum Off-Street Parking: Two parking spaces are required for detached dwellings in the MDR District. The proposal is to provide two parking spaces for each dwelling, one in the garage and one in the driveway, which is consistent with Code requirements. Mechanical Equipment: Pursuant to CDC Section 3-903.H.1, air conditioning and similar mechanical equipment is exempt from the side and rear setback requirements, but such equipment must be screened from view from streets and adjacent property. Outside condensing units for air conditioners will be placed adjacent to the side or rear of the dwellings. Screening requirements will be reviewed during the building permit process. Utilities: Pursuant to CDC Section 3-1908.A, all on-site utility lines must be placed underground. This proposal will comply with this requirement. Solid Waste: Each dwelling will be provided a black barrel for solid waste disposal. The applicant has indicated these black barrels will be stored exterior to the dwelling. CDC Section 3-201.D.1 of the Community Development Code requires these black barrels to be screened from view from streets and adjacent properties. Provisions for walls, fences or other appropriate screening materials will be required with the construction of each dwelling. Signage: There are presently no proposed subdivision signs for this property. Should any such signs be desired, appropriate provisions in the Sign Code must be met. Code Enforcement Analysis: There is no outstanding Code Enforcement issue associated with the subject property. Community Development Board – May 19, 2009 FLD2009-03012/PLT2009-00001 – Page 3 of 7 EXHIBIT: STAFF REPORT FLD2009-03012/PLT2009-0001 2009-05-19 COMPLIANCE WITH STANDARDS AND CRITERIA: The following table depicts the consistency of the detached dwelling subdivision proposal with the standards as per CDC Tables 2-301.1 and 2-304: Standard Proposed Consistent Inconsistent Density 7.5 du/acre 5.74 du/acre X 1 Minimum N/A 4,019 square feet X Lot Area 1 Minimum N/A 40.9 feet (measured at the front X Lot Width setback line) 1 Minimum Front: 10 – 25 feet 19 feet X Setbacks Side: 0 – 5 feet 5 feet X Rear: 0 – 10 feet 10 feet X Maximum 30 – 50 feet 30 feet X Height Minimum Two spaces per dwelling unit Two spaces per dwelling unit X Off-Street Parking (one in the garage and one in the driveway) 1 See analysis in Staff Report COMPLIANCE WITH FLEXIBILITY CRITERIA: The following table depicts the consistency of the development proposal with the Flexibility criteria as per CDC Section 2-304.G (Residential Infill Project): Consistent Inconsistent 1. The development or redevelopment of the parcel proposed for development is X otherwise impractical without deviations from one or more of the following: intensity or other development standards. 2. The development of the parcel proposed for development as a residential infill X project will not materially reduce the fair market value of abutting properties. 3. The uses within the residential infill project are otherwise permitted in the district. X 4. The uses within the residential infill project are compatible with adjacent land uses. X 5. The development of the parcel proposed for development as a residential infill X project will upgrade the immediate vicinity of the parcel proposed for development. 6. The design of the proposed residential infill project creates a form and function X which enhances the community character of the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. 7. Flexibility in regard to lot width, required setbacks, height, off-street parking, access X or other development standards are justified by the benefits to community character and the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. Community Development Board – May 19, 2009 FLD2009-03012/PLT2009-00001 – Page 4 of 7 EXHIBIT: STAFF REPORT FLD2009-03012/PLT2009-0001 2009-05-19 COMPLIANCE WITH GENERAL STANDARDS FOR LEVEL TWO APPROVALS: The following table depicts the consistency of the development proposal with the General Standards for Level Two Approvals as per CDC Section 3-913: Consistent Inconsistent 1. The proposed development of the land will be in harmony with the scale, bulk, X coverage, density and character of adjacent properties in which it is located. 2. The proposed development will not hinder or discourage development and use of X adjacent land and buildings or significantly impair the value thereof. 3. The proposed development will not adversely affect the health or safety of persons X residing or working in the neighborhood. 4. The proposed development is designed to minimize traffic congestion. X 5. The proposed development is consistent with the community character of the X immediate vicinity. 6. The design of the proposed development minimizes adverse effects, including X visual, acoustic and olfactory and hours of operation impacts on adjacent properties. SUMMARY AND RECOMMENDATION: The Development Review Committee (DRC) reviewed the application and supporting materials at its meetings of April 2, 2009, and deemed the development proposal to be sufficient to move forward to the Community Development Board (CDB), based upon the following findings of fact and conclusions of law: Findings of Fact: The Planning Department, having reviewed all evidence submitted by the applicant and requirements of the Community Development Code, finds that there is substantial competent evidence to support the following findings of fact: 1. The 8.89 acres is located on the south side of Sunset Point Road between N. Betty Lane and Pineland Drive; 2. The property was previously developed with a 61-unit attached dwelling complex (Homer Villas), which was demolished in July 2008; 3. The surrounding area is primarily developed with detached dwellings, although an attached dwelling complex is located to the south and a public school is located to the east of the subject property; 4. The applicant, Habitat for Humanity of Pinellas County, proposes to redevelop the subject property with a 51-lot subdivision for detached dwellings providing affordable housing for families; 5. The applicant is proposing to utilize the existing infrastructure, including the streets, water mains and sanitary sewer lines, where such location of this infrastructure requires flexibility with minimum lot area, minimum lot width and minimum front setback standards; 6. The proposed Stevens Creek Drive will be a private street 28 feet in width and will be maintained by a homeowners association; 7. A tot lot (Tract B) is proposed as an amenity to this subdivision, located between Lots 41 and 42, and will be maintained by a homeowners association; 8. The proposal includes a minimum lot area of 4,019 square feet and a minimum lot width (measured at the front setback line) of 40.9 feet; 9. The proposal includes a reduction to the front setback from 25 to 19 feet, but additional front setback will be provided to the garage door to preclude a vehicle parked in the driveway from overhanging the public sidewalk; 10. The Preliminary Plat for this subdivision complies with the design standards of the Community Development Code. A Final Plat will be required to be approved and accepted by City Council prior to recording in the public records; and 11. There is no outstanding Code Enforcement issue associated with the subject property. Community Development Board – May 19, 2009 FLD2009-03012/PLT2009-00001 – Page 5 of 7 EXHIBIT: STAFF REPORT FLD2009-03012/PLT2009-0001 2009-05-19 Conclusions of Law: The Planning Department, having made the above findings of fact, reaches the following conclusions of law: 1. That the development proposal is consistent with the Standards as per Tables 2-301.1 and 2-304 of the Community Development Code; 2. That the development proposal is consistent with the Flexibility criteria as per Section 2-304.G of the Community Development Code; 3. That the development proposal is consistent with the General Standards for Level Two Approvals as per Section 3-913 of the Community Development Code; and 4. That the development proposal is consistent with the requirements for Preliminary Plats in Sections 4- 704, 4-705 and 4-709 of the Community Development Code. APPROVAL Based upon the above, the Planning Department recommends of the (1) Flexible Development application to permit a 51-lot subdivision for detached dwellings in the Medium Density Residential (MDR) District with a minimum lot area of 4,019 square feet, a minimum lot width of 40.9 feet (measured at the front setback line) and a reduction to the front setback requirement from 25 to 19 feet (to building), as a Residential Infill Project, under the provisions of Section 2-304.G; and (2) Preliminary Plat approval for a 51-lot subdivision for detached dwellings, with the following conditions: Conditions of Approval: 1. That the following minimum setbacks apply to this subdivision: a. front: 19 feet to porches and additional setback be provided to the garage doors to preclude vehicles parked in driveways from overhanging the public sidewalks; b. side: five feet; c. rear: 10 feet; 2. That the maximum building height be 30 feet; 3. That black barrels stored exterior to the dwelling and outdoor mechanical equipment be screened from view from adjacent streets and properties; 4. That, based on the provisions of Section 3-804.E and the prevailing lot pattern of the surrounding area, the maximum height of the fence proposed along the rear of Lots 10-17 be three feet. Additionally, gates must be installed in the fence for Lots 10, 11, 16 and 17 to allow for the mowing of grass within the rights-of-way by the abutting lot owners; 5. That sidewalks be provided on both sides of Stevens Creek Drive; and 6. That, prior to the issuance of a building permit to construct the subdivision improvements, plans be revised to comply with all requirements of General Engineering, Environmental Engineering, Stormwater Engineering, Traffic Engineering and the Land Resource Specialist. Prepared by Planning Department Staff: __________________________________________ Wayne M. Wells, AICP, Planner III ATTACHMENTS: Location Map ?? Aerial Map ?? Zoning Map ?? Existing Surrounding Uses Map ?? Photographs of Site and Vicinity ?? S:\Planning Department\C D B\FLEX (FLD)\Pending cases\Up for the next CDB\Betty N 1888 Stevens Creek Subdivision (MDR) 2009.05 - 5.19.09 CDB - WW\Betty N 1888 Staff Report.doc Community Development Board – May 19, 2009 FLD2009-03012/PLT2009-00001 – Page 6 of 7 EXHIBIT: STAFF REPORT FLD2009-04015 2009-05-19 CDB Meeting Date: May 19, 2009 Case Number: FLD2009-04015 Agenda Item: E. 1. Owner/Applicant: City of Clearwater Representative: Michael Quillen Addresses: (1) 1740 Weston Drive; (2) 1571 Cleveland Street; (3) 2634 Sabal Springs Drive; (4) 1840 Airport Drive; (5) 1700 Belcher Road; (6) 1709 Keene Road; (7) 3024 Eastland Boulevard; (8) 2784 Enterprise Road East; (9) 2775 State Road 580; (10) 2698 Fifth Avenue North; (11) 1515 Cleveland Street; (12) 2630 Sabal Springs Drive; and (13) 600 South Evergreen Avenue. CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT GENERAL INFORMATION: REQUEST: Flexible Development approval to permit Utility/Infrastructure uses in the Open/Space Recreation (OS/R) District, the Industrial Research and Technology (IRT) District and the Institutional (I) District as Comprehensive Infill Redevelopment Projects under the provisions of Community Development Code (CDC) Sections 2-1404.A, 2-1304.C and 2-1204.A. CURRENT ZONING: Open/Space Recreation (OS/R) District, Industrial Research and Technology (IRT) District and Institutional (I) District CURRENT FUTURE LAND USE CATEGORY: Recreation/Open Space (R/OS), Transportation/Utility (T/U), Institutional (I), Industrial Limited (IL) ANALYSIS: Development Proposal: On April 1, 2009, a Comprehensive Infill Redevelopment Project application was submitted for Utility/Infrastructure uses (water production wells) at 14 sites throughout the City of Clearwater. On May 6, 2009, the applicant withdrew the request for a water production well located at 1475 North Hibiscus Street that had previously been advertised. Under the current development proposal 13 water production wells are proposed to be located on various City owned properties. As a part of the City Master Plan, the City of Clearwater Public Utilities is making every effort to supply more potable water from local resources rather than relying on regional water suppliers. The proposed water production wells are being developed according to the Florida Administrative Code and Southwest Florida Water Management District (SWFWMD) regulations. Site location for water production wells is complex due to strict requirements of the Florida Administrative Code. Per the Florida Administrative Code new water production wells that supply a public water system shall be no closer than 200 feet from any on-site sewage treatment and disposal systems. They shall be located no closer than 100 feet from other sanitary hazards that pose a potentially high risk to ground water quality and public health and shall be located no closer than 50 feet from other sanitary hazards that pose a moderate risk to ground water and public health. Additionally, the sites Community Development Board – May 19, 2009 FLD2009-04015 – Page 1 EXHIBIT: STAFF REPORT FLD2009-04015 2009-05-19 should be “in area free from”, or at least not subject to, inundation with surface drainage and floodwater. In other words, the water production well sites should be above a 100-year flood plain. Impermeable Surface Ratio (ISR) is being met on all sites, as the 368 square foot developed area is located on sites ranging from .052 acres to 73.17 acres. Likewise, all the proposed water production wells are meeting any applicable structural setbacks. Both SWFWMD and the Department of Homeland Security restrict any screening or landscaping around the proposed well site. SWFWMD restricts landscape areas from being installed near the well site as the landscape material will invite pesticides, herbicides, and fertilizers to leach into the groundwater, thus contaminating the area. To prevent any tampering with the water production wells, the Department of Homeland Security restricts any visibility barriers that would obstruct the view of the well. Visible above ground will be telemetry antennas, a maximum of 45 feet in height; piping and gate valves approximately nine feet in height; electrical components completely screened in cabinetry, approximately six feet above ground; six foot high green vinyl clad chain link fencing; and security lighting approximately 16 feet above ground. All the above ground components will be located on a 16 foot by 23 foot concrete pad. The proposed water production wells will withdraw water from the aquifer, that water will then be transferred to City Water Treatment Plants to be treated and become drinking water. The water will be withdrawn using a motor and submersible pump. As the motor and pump are located below ground there will be negligible effects acoustically and there will be no odor from the proposed wells thereby eliminating any olfactory effects. The City of Clearwater currently has 19 active water production wells throughout the City. The wells being utility infrastructure and part of the City’s water system, they are thus comparable to other utility infrastructure such as light poles, backflow prevention devices, water treatment towers, traffic signals and power poles. Most all of the existing utility infrastructure projects are visible from street rights-of-ways and are accessory to the principal use of the properties. There have been no impacts on adjacent properties from the existing 19 active water production wells since their inception five years ago. Pursuant to the Community Development Code (CDC) Sections 2-1403.G (OS/R), 2-1203.M (I) and 2- 1303.Q (IRT) any above ground structure, other than permitted telecommunication towers and utility distribution lines located on or along a rear lot line, shall be screened from view by a landscaped opaque wall or fence which is at least two-thirds the height of the above ground structure, landscaped with trees which will five years after installation substantially obscure the fence or wall and the above ground structure. Additionally, CDC section 2-1403.G (OS/R) states that no above ground structures are located adjacent to street rights-of-ways and the utility/infrastructure facility shall be accessory to the principal use of the property. It is noted that some of the proposed water production sites do not comply with the above criteria; thus the filing of a Comprehensive Infill Redevelopment Project application. The 13 water production well proposals will be discussed individually below: 1740 WESTON DRIVE, WELL 1-1 Well 1-1 is located on 0.52 acres approximately 140 feet south of the intersection of Otten Street and Weston Drive. Current zoning is Institutional (I) and the future land use category is Transportation/Utility (T/U). To the north, west and east are residential properties with open space to the south. The site currently has a water storage tower of at least 75 feet in height. The site is currently secured with a chain link fence with barbed wire. The proposed well will be accessory to the principal use of the property and will not be located along a rear lot line or adjacent to a street right-of-way. Community Development Board – May 19, 2009 FLD2009-04015 – Page 2 EXHIBIT: STAFF REPORT FLD2009-04015 2009-05-19 1571 CLEVELAND STREET, WELL 1-2 Well 1-2 is located on 37.10 acres at the southwest corner of Cleveland Street and Lake Drive. Current zoning is Open Space/Recreation (OS/R) and the future land use category is Recreation/Open Space (R/OS). To the north and east are residential properties with commercial to the south and open space to the west. The site is Crest Lake Park and this well will be located on the far northeast corner of the park. The proposed well will be accessory to the principal use and not located along a rear lot line; however it is adjacent to a street right-of-way and visible from adjacent properties. 600 SOUTH EVERGREEN AVENUE, WELL 1-3 Well 1-3 is located on 25.60 acres located at the southwest corner of Turner Street and South Evergreen Avenue. Current zoning is Open Space/Recreation (OS/R) and the future land use category is Recreation/Open Space (R/OS). To the west, east and south are residential properties with Institutional (I) zoning (school) to the north. This proposed well will be located in the center of the park and not located on a rear lot line, nor adjacent to a street right-of-way or visible from adjacent properties and will be accessory to the principal use. 1515 CLEVELAND STREET, WELL 1-4 Well 1-4 is located on 37.10 acres at the southeast corner of Cleveland Street and Glenwood Avenue. Current zoning is Open Space/Recreation (OS/R) and the future land use category is Recreation/Open Space (R/OS). To the north, east and west are residential properties with commercial to the south. The site is Crest Lake Park and this well will be located on the far northwest corner of the park. The proposed well will be accessory to the principal use and not located along a rear lot line; however it is adjacent to a street right-of-way and visible from adjacent properties. 1709 KEENE ROAD, WELL 1-5 Well 1-5 is located on 10 acres at the southeast corner of Flagler Drive and Keene Road. Current zoning is Industrial Research and Technology (IRT) and the future land use category is Industrial Limited (IL). To the north, west and east are industrial uses, to the south is the Clearwater Airpark runway. 1840 AIRPORT DRIVE, WELL 51R Well 51R is located on 73.17 acres located approximately 700 feet east of the intersection of Keene Road and Airport Drive. Current zoning is Open Space/Recreation (OS/R) and the future land use category is Recreation/Open Space (R/OS). To the north is open space, to the east is the Clearwater Airpark and to both the south and west are residential properties. The proposed well will be accessory to the principal use of the property and will not be located along a rear lot line; however it is visible and adjacent to a street right-of-way. 1700 BELCHER ROAD, WELL 80 Well 80 is located on 6.19 acres at the northwest corner of Logan Street and Belcher Road. Current zoning is Institutional (I) as is the future land use category. Located on the subject site is a Clearwater Fire Station. To the north and south are industrial uses, to the west is a retention facility and to the east are residential properties. 2634 SABAL SPRINGS DRIVE, WELL 3-1 Well 3-1 is located on 23.01 acres located approximately 190 feet west of the dead end of Sabal Springs Drive. Current zoning is Open Space/Recreation (OS/R) and the future land use category is Recreation/Open Space (R/OS). Located on the subject site is the Countryside Community Center and Sports Complex. To the north, east, and south are residential uses and to the west is a Progress Energy easement. The proposed water production well will be located at the far southern end of the complex. Community Development Board – May 19, 2009 FLD2009-04015 – Page 3 EXHIBIT: STAFF REPORT FLD2009-04015 2009-05-19 The proposed well will be accessory to the principal use of the property and will not be located along a rear lot line or adjacent to a street right-of-way. 3024 EASTLAND BOULEVARD, WELL 3-2 Well 3-2 is located on 0.96 acres approximately 100 feet east of the intersection of Burntfork Drive and Eastland Boulevard. Current zoning is Institutional (I) as is the future land use category. To the east, north and west are residential properties and to the south are office and commercial uses. The proposed well will be located at the far southwest corner of the parcel. 2784 ENTERPRISE ROAD EAST, WELL 3-3 Well 3-3 is located on 6.80 acres approximately 400 feet west of the intersection of Frisco Drive and Enterprise Road East. Current zoning is Open Space/Recreation (OS/R) and the future land use category is Recreation/Open Space (R/OS). To the north, south and west are open space and to the east are residential properties. The proposed well will be located near the center of the site and will be accessory to the principal use of the property and will not be located along a rear lot line and is not adjacent to a street right-of-way, nor visible from adjacent properties. 2775 STATE ROAD 580, WELL 3-4 Well 3-4 is located on 7.50 acres approximately 580 feet east of the intersection of Countryside Boulevard and State Road 580. Current zoning is Institutional (I) as is the future land use category. Located on the subject property is the Countryside Library, the Countryside Fire Department and a wastewater treatment plant. Residentially zoned properties surround the parcel. The proposed well will be located on the eastern half of the parcel located just west of the existing water storage towers. 2630 SABAL SPRINGS DRIVE, WELL 3-5 Well 3-5 is located on 23.01 acres located approximately 190 feet west of the dead end of Sabal Springs Drive. Current zoning is Open Space/Recreation (OS/R) and the future land use category is Recreation/Open Space (R/OS). Located on the subject site is the Countryside Community Center and Sports Complex. To the north, east, and south are residential uses and to the west is a Progress Energy easement. The proposed water production well will be located at the northwest corner of the complex and will be accessory to the principal use, and will not be adjacent to a right-of-way but will be along the rear lot line. It is noted that the subject well site is located in a densely wooded area of the park. 2698 FIFTH AVENUE NORTH, WELL 79 Well 79 is located on 6.80 acres approximately 210 feet north of the intersection of Chatauqua Avenue th and 4 Avenue North. Current zoning is Open Space/Recreation (OS/R) and the future land use category is Recreation/Open Space (R/OS). To the north and east are open space, to the south is residential and to the west is a drainage easement. The proposed water production well will be located interior to the site and will be accessory to the principal use, will not be adjacent to a right-of-way, nor along the rear lot line. Code Enforcement Analysis: There are no outstanding Code Enforcement issues associated with the properties. Community Development Board – May 19, 2009 FLD2009-04015 – Page 4 EXHIBIT: STAFF REPORT FLD2009-04015 2009-05-19 COMPLIANCE WITH FLEXIBILITY CRITERIA: The following table depicts the consistency of the development proposal with the Flexibility criteria as per CDC Section 2-1404.A, 2-1304.C and 2-1204.A (Comprehensive Infill Redevelopment Project): Consistent Inconsistent 1. The development or redevelopment is otherwise impractical without deviations from X the use and/or development standards set forth in this zoning district. 2. The development or redevelopment will be consistent with the goals and policies of X the Comprehensive Plan, as well as with the general purpose, intent and basic planning objectives of this Code, and with the intent and purpose of this zoning district. 3. The development or redevelopment will not impede the normal and orderly X development and improvement of surrounding properties. 4. Adjoining properties will not suffer substantial detriment as a result of the proposed X development 5. The proposed use shall otherwise be permitted by the underlying future land use X category, be compatible with adjacent land uses, will not substantially alter the essential use characteristics of the neighborhood; and shall demonstrate compliance with one or more of the following objectives: a. The proposed use is permitted in this zoning district as a minimum standard, flexible standard or flexible development use; b. The proposed use would be a significant economic contributor to the City’s economic base by diversifying the local economy or by creating jobs; c. The development proposal accommodates the expansion or redevelopment of an existing economic contributor; d. The proposed use provides for the provision of affordable housing; e. The proposed use provides for development or redevelopment in an area that is characterized by other similar development and where a land use plan amendment and rezoning would result in a spot land use or zoning designation; or f. The proposed use provides for the development of a new and/or preservation of a working waterfront use. 6. Flexibility with regard to use, lot width, required setbacks, height and off-street N/A N/A parking are justified based on demonstrated compliance with all of the following design objectives: a. The proposed development will not impede the normal and orderly development and improvement of the surrounding properties for uses permitted in this zoning district; b. The proposed development complies with applicable design guidelines adopted by the City; c. The design, scale and intensity of the proposed development supports the established or emerging character of an area; d. In order to form a cohesive, visually interesting and attractive appearance, the proposed development incorporates a substantial number of the following design elements: Changes in horizontal building planes; ?? Use of architectural details such as columns, cornices, stringcourses, ?? pilasters, porticos, balconies, railings, awnings, etc.; Variety in materials, colors and textures; ?? Distinctive fenestration patterns; ?? Building stepbacks; and ?? Distinctive roofs forms. ?? e. The proposed development provides for appropriate buffers, enhanced landscape design and appropriate distances between buildings. Community Development Board – May 19, 2009 FLD2009-04015 – Page 5 EXHIBIT: STAFF REPORT FLD2009-04015 2009-05-19 COMPLIANCE WITH GENERAL STANDARDS FOR LEVEL TWO APPROVALS: The following table depicts the consistency of the development proposal with the General Standards for Level Two Approvals as per CDC Section 3-913.A: Consistent Inconsistent 1. The proposed development of the land will be in harmony with the scale, bulk, X coverage, density and character of adjacent properties in which it is located. 2. The proposed development will not hinder or discourage development and use of X adjacent land and buildings or significantly impair the value thereof. 3. The proposed development will not adversely affect the health or safety of persons X residing or working in the neighborhood. 4. The proposed development is designed to minimize traffic congestion. X 5. The proposed development is consistent with the community character of the X immediate vicinity. 6. The design of the proposed development minimizes adverse effects, including X visual, acoustic and olfactory and hours of operation impacts on adjacent properties. SUMMARY AND RECOMMENDATION: The Development Review Committee (DRC) reviewed the application and supporting materials at its meeting of May 7, 2009, and deemed the development proposal to be legally sufficient to move forward to the Community Development Board (CDB). Findings of Fact. The Planning Department, having reviewed all evidence submitted by the applicant and requirements of the Community Development Code, finds that there is substantial competent evidence to support the following findings of fact: 1. That one of the subject properties is located on 0.52 acres approximately 140 feet south of the intersection of Otten Street and Weston Drive; 2. That one of the subject properties is located on 37.10 acres at the southwest corner of Cleveland Street and Lake Drive; 3. That one of the subject properties is located at the southwest corner of Turner Street and South Evergreen Avenue; 4. That one of the subject properties is located on 37.10 acres at the southeast corner of Cleveland Street and Glenwood Avenue; 5. That one of the subject properties is located on 10 acres at the southeast corner of Flagler Drive and Keene Road; 6. That one of the subject properties is located on 73.17 acres located approximately 700 feet east of the intersection of Keene Road and Airport Drive; 7. That one of the subject properties is located on 6.19 acres at the northwest corner of Logan Street and Belcher Road; 8. That two of the subject properties are located on 23.01 acres located approximately 190 feet west of the dead end of Sabal Springs Drive; 9. That one of the subject properties is located on 0.96 acres approximately 100 feet east of the intersection of Burntfork Drive and Eastland Boulevard; 10. That one of the subject properties is located on 6.80 acres approximately 400 feet west of the intersection of Frisco Drive and Enterprise Road East; 11. That one of the subject properties is located on 7.50 acres approximately 580 feet east of the intersection of Countryside Boulevard and State Road 580; 12. That one of the subject properties is located on 6.80 acres approximately 210 feet north of the th intersection of Chautauqua Avenue and 4 Avenue North; and Community Development Board – May 19, 2009 FLD2009-04015 – Page 6 EXHIBIT: STAFF REPORT FLD2009-04015 2009-05-19 13. That the subject properties are located within the Open/Space Recreation (OS/R) District, Industrial Research and Technology (IRT) District and Institutional (I) District and the Recreation/Open Space (R/OS), Transportation/Utility (T/U), Institutional (I), Industrial Limited (IL) Future Land Use Plan category. Conclusions of Law. The Planning Department, having made the above findings of fact, reaches the following conclusions of law: 1. That the development proposal has been found to be in compliance with the applicable Standards and Criteria as per CDC Sections 2-1201, 2-1301 and 2-1401; 2. That the development proposal has been found to be in compliance with the Flexibility criteria for a Comprehensive Infill Redevelopment Project as per CDC Sections 2-1404.A, 2-1304.C and 2-1204A; and 3. That the development proposal has been found to be in compliance with the General Standards for Level Two Approvals as per CDC Section 3-913.A. Based upon the above and subject to the attached conditions, the Planning Department recommends APPROVAL of the Flexible Development application to permit Utility/Infrastructure uses in the Open/Space Recreation (OS/R) District, the Industrial Research and Technology (IRT) District and the Institutional (I) District as Comprehensive Infill Redevelopment Projects under the provisions of Community Development Code (CDC) Sections 2-1404.A, 2-1304.C and 2-1204.A. Condition of Approval: 1. That the final design of all structures be consistent with the plans approved by the CDB. Prepared by Planning Department Staff: __________________________________________ A. Scott Kurleman, Planner III ATTACHMENTS: ??Location Map ??Aerial Map ??Zoning Map ??Existing Surrounding Uses Map ??Photographs of Site and Vicinity S:\Planning Department\C D B\FLEX (FLD)\Pending cases\Up for the next CDB\Weston Dr 1740 - City Wells (OSR,I,IRT) 5.7.09 DRC - SK\1740 Weston Dr - Wells- Staff Report.doc Community Development Board – May 19, 2009 FLD2009-04015 – Page 7 EXHIBIT: STAFF REPORT FLD2009-03013 2009-05-19 CDB Meeting Date: May 19, 2009 Case Numbers: FLD2009-03013 (Related to DVA2009-00001) Agenda Item: E.4. (Related to F.1.) Owner/Applicant: Decade Companies Income Properties Representative: Keith Zayac, PE, RLA, LEED AP, Keith Zayac & Associates, Inc. Address: 101 and 105 Coronado Drive and 35 Devon Drive CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT GENERAL INFORMATION: REQUEST: (1) Flexible Development approval to permit a 108-room overnight accommodation use in the Tourist (T) District with a reduction to lot width along Devon Drive/First Street from 150 to 100 feet (north side) and from 150 to 110 feet (south side), a reduction to the front (west) setback from 15 to five feet (to proposed building) (north side of Devon Drive/First Street), a reduction to the front (south) setback from 15 to five feet (to proposed building) (north side of Devon Drive/First Street), a reduction to the front (north) setback from 15 to eight feet (to proposed pavement) (south side of Devon Drive/First Street), a reduction to the side (north) setback from 10 to zero feet (to existing pool deck) (north side of Devon Drive/First Street), a reduction to the side (east) setback from 10 to 2.5 feet (to proposed building) and 7.22 feet (to existing pool deck) (north side of Devon Drive/First Street), a reduction to the side (south) setback from 10 to five feet (to proposed pavement) (south side of Devon Drive/First Street), and an increase to the building height from 35 to 89 feet (to top of roof deck), under the provisions of Section 2- 803.I, and approval of a two-year development order; and (2) Increase of the permitted density by the allocation of 72 overnight accommodation units from the Hotel Density Reserve created pursuant to Beach by Design. CURRENT ZONING: Tourist (T) District CURRENT FUTURE LAND USE CATEGORY: Resort Facilities High (RFH) BEACH BY DESIGN CHARACTER DISTRICT:Small Motel PROPERTY USE: Current Use:22-room motel and vacant land Proposed Use: Overnight accommodation use of a total of 108 rooms (150 rooms/acre on total site, including the allocation of 72 units from the Hotel Density Reserve) and approximately 1,500 square feet (0.048 FAR on total site) of amenities accessory to the hotel at a height of 89 feet (to roof deck) EXISTING North: Preservation (P) District City Marina Community Development Board – May 19, 2009 FLD2009-03013 – Page 1 of 12 EXHIBIT: STAFF REPORT FLD2009-03013 2009-05-19 SURROUNDING South: Tourist (T) District Retail sales and Overnight ZONING AND USES: accommodations East: Tourist (T) District Overnight accommodations and City parking lot West: Tourist (T) District Temporary City parking lot ANALYSIS: Site Location and Existing Conditions: The 0.72 acres is located on the east side of Coronado Drive at the northeast and southeast corners of Devon Drive. The site is comprised of three parcels, two on the north side of Devon Drive and one on the south side of Devon Drive. The northern portion of the subject property is currently developed with a 22-unit motel at 101 Coronado Drive (Port Vue Motel) and vacant land (formerly a 16-unit motel). The vacant area is presently being used for construction trailers for the Hyatt/Aqualea project (301 S. Gulfview Boulevard). The southern portion of the subject property is currently vacant land (formerly a 15-unit motel), also being used for construction trailers for the Hyatt/Aqualea project. The City’s beach marina exists to the north of the subject property. The Sea Captain motel is located to the east of the northern portion of the site. A City surface parking lot is located to the east of the southern portion of the site. Retail sales and overnight accommodation uses exist to the south of the subject property. The property to the west of this site has been approved by the CDB and City Council for the development of a 450-room hotel. All prior uses on this property to the west have been demolished. Currently a temporary City parking lot occupies this property. Development Proposal: The proposal is to construct a 108-unit overnight accommodation use at a density of 150 units/acre, which includes the allocation of 72 units from the Hotel Density Reserve under Beach by Design. This is the first hotel to be placed on the Community Development Board agenda since the amendment of Beach by Design in July 2008 creating the Hotel Density Reserve as a means to encourage the construction of new mid-size, mid-priced hotels on the beach in response to the loss of hotel rooms since 2002. Also on this CDB agenda is a companion Development Agreement (DVA2009-00001) that must be approved by City Council, which provides for the allocation of the 72 units from the Hotel Density Reserve. This Development Agreement provides for mandatory evacuation/closure of the hotel in the event of the posting of a hurricane watch including Clearwater Beach by the National Hurricane Center, which also complies with Beach by Design criteria. The applicant indicates room rates for this hotel will be in the mid-$100 to mid-$200 range. This proposal complies with the Beach by Design criteria to access all rooms through a lobby and internal corridors. The hotel is proposed on the northern portion of the site north of Devon Drive and is proposed at a height of 89 feet from the Base Flood Elevation (BFE) to the roof deck. The first four levels of the hotel will provide a total of 94 parking spaces, with driveway access on Devon Drive. There is an entry lobby on the ground floor providing access to the elevators. This proposal retains an existing ground-level pool located to the north of the hotel building adjacent to the City marina. There also exists a deck/dock extension of the ground-level pool into the water of the City marina, being retained under this proposal. The main lobby and registration desk is located on the fifth floor, which will monitor the ground level pool via cameras. The fifth floor also provides amenities for the hotel guests of approximately 1,500 total square feet (meeting room and exercise room) and 15 hotel rooms. Floors 6 – 8 provide 20 hotel rooms per floor. The ninth floor provides 18 hotel rooms. The tenth floor provides 15 hotel rooms, a rooftop pool and a small tiki bar. Full kitchens are proposed in 12 hotel rooms (11.1 percent of the total number of rooms), which is below the maximum of 25 percent allowable under Beach by Design. The top of the tiki bar will be below the maximum District height of 100 feet, in compliance with the restriction under the definition of building height for rooftop occupancy structures. The ramp to obtain access between Community Development Board – May 19, 2009 FLD2009-03013 – Page 2 of 12 EXHIBIT: STAFF REPORT FLD2009-03013 2009-05-19 parking levels is located on the east side of the building. All parking garage levels will be open on the north, west and south sides, but the garage will be closed (solid wall) on the east side due to Building Code requirements. Balconies are provided for guest rooms facing north and east, but guest rooms facing Coronado Drive will not have balconies. The main exterior color of the building is a light green (heart of palm). Wall accents and the entry roof tiles will be a lighter shade of green (rice paddy), while the circular columns and facia will be antique white. The window frames, railings and metal roofs will be white. The building is proposed to be set back five feet from the Coronado Drive and Devon Drive property lines. The proposal includes a zero side setback from the north property line in order to retain the existing ground-level pool and pool deck as an amenity for the hotel guests. The proposal also includes a 2.5-foot side setback to the east property line, measured to two building bump-outs designed to break up the linear façade on the east side of the building, as required by the Beach by Design design guidelines. The maximum width of these bump-outs is approximately 22 feet. This 2.5-foot side setback is also for only the first four floors that are the parking garage. Protruding columns from the face of the wall are set back a minimum of 6.1 feet to the east property line, while the majority of the east wall of the building is set back approximately 7.3 feet. This eastern wall of the building is also not set back continuously from the ground to the top of the building, but rather the building steps back from north to south. The northernmost 47 feet of the building is at the setbacks mentioned, but on the fifth through tenth floors the first guest room steps back 8’-10” from this eastern wall face. The southernmost seven guest rooms are further stepped back an additional 5’-2”. Therefore, a majority of the building at the fifth floor and above is set back approximately 21.3 feet from the east property line. The proposed 89-foot building height for this project transitions building height from the highest on the west side of Coronado Drive (Kiran Grande – 150-foot maximum height) to the detached dwellings to the east of this site (30-foot maximum height). A surface parking lot of 18 spaces is proposed on the southern portion of the site south of Devon Drive, with driveway access on Devon Drive. This surface parking lot has been designed meeting the front setback from Coronado Drive and the eastern side setback. Setback reductions for this surface parking lot are requested on the south side and on the north side from Devon Drive. A stormwater retention pond is proposed between the parking lot and Coronado Drive. A City parking lot is located to the east of this proposed surface parking lot. The applicant is requesting a two-year development order due to market conditions. Community Development Code (CDC) Section 4-407 specifies that an application for a building permit must be submitted within one year of the date the CDB approves the project, unless otherwise specified under this approval. Density: Pursuant to the Countywide Future Land Use Plan and CDC Section 2-801.1, the maximum density for properties with a designation of Resort Facilities High is 50 overnight accommodation units per acre. Based on the 0.72 overall acres zoned Tourist District, a maximum of 36 overnight accommodation units are permissible under current regulations. The proposal also requests 72 hotel rooms from the Hotel Density Reserve, adopted as an amendment to Beach by Design under Ordinance 7925-08. The overall density for this project is 150 overnight accommodation units/rooms per acre, which meets the maximum established in Beach by Design for projects that have acquired units from the Hotel Density Reserve. Impervious Surface Ratio (ISR): Pursuant to CDC Section 2-801.1, the maximum allowable I.S.R. is 0.95. The overall proposed I.S.R. is 0.60, which is consistent with the Code provisions. Minimum Lot Area and Width: Pursuant to CDC Table 2-803, the minimum lot area for overnight accommodations can range between 10,000 – 20,000 square feet. The overall existing site is 31,418 square feet of lot area. Pursuant to the same Table, the minimum lot width for overnight accommodations Community Development Board – May 19, 2009 FLD2009-03013 – Page 3 of 12 EXHIBIT: STAFF REPORT FLD2009-03013 2009-05-19 can range between 100 – 150 feet. For the northern portion of the site, the lot width along Coronado Drive is approximately 225 feet and along Devon Drive the lot width is 100 feet. For the southern portion of the site, the lot width along Coronado Drive is 100 feet and along Devon Drive the lot width is 110 feet. The lot width reduction does not produce a building that is out of scale with existing buildings in the immediate vicinity. The existing two-story motel to the east at 40 Devon Drive is approximately five feet from the common property line. Other existing motels and retail sales buildings are located very close to property lines. The approved but not yet constructed Kiran Grande hotel across the street at 100 Coronado Drive will have two towers at a height of 150 feet joined by a connecting wing at a height of 95 feet. The proposal is consistent with these Code provisions. Minimum Setbacks: Pursuant to CDC Table 2-803, the minimum front setback for overnight accommodations can range between 0 – 15 feet and the minimum side setback can range between 0 – 10 feet (structures on corner lots must meet front setbacks along rights-of-way and meet side setbacks adjacent to the other property lines). The proposal includes a reduction to the front (west) setback from 15 to five feet (to proposed building) (north side of Devon Drive), a reduction to the front (south) setback from 15 to five feet (to proposed building) (north side of Devon Drive), a reduction to the front (north) setback from 15 to eight feet (to proposed pavement) (south side of Devon Drive), a reduction to the side (north) setback from 10 to zero feet (to existing pool deck) (north side of Devon Drive), a reduction to the side (east) setback from 10 to 2.5 feet (to proposed building) and 7.22 feet (to existing pool deck) (north side of Devon Drive), a reduction to the side (south) setback from 10 to five feet (to proposed pavement) (south side of Devon Drive). With regard to the proposed development on the north side of Devon Drive, the building will be set back five feet from the Coronado Drive and Devon Drive property lines, within the flexibility range and where the minimum five-foot wide foundation landscape area is being provided. The proposal includes a zero- foot side setback from the north property line. This setback reflects the applicant’s desire to retain the existing ground-level pool and pool deck as an amenity for the hotel guests. The proposal also includes a 2.5-foot side setback to the east property line. This setback is measured to two building bump-outs designed to break up the linear façade on the east side of the building, as required by the Beach by Design design guidelines. The maximum width of these bump-outs is approximately 22 feet. This 2.5-foot side setback is also for only the first four floors of the parking garage. Protruding columns from the face of the wall are set back a minimum of 6.1 feet from the east property line. The majority of the east wall of the building is set back approximately 7.3 feet from the east property line. The eastern wall of the building is not set back continuously at previously mentioned from the ground to the top of the building, but rather the building steps back from north to south. The northernmost 47 feet of the building is at the setbacks mentioned, but on the fifth through tenth floors the first guest room steps back 8’-10” from this eastern wall face. The seven southernmost guest rooms are further stepped back an additional 5’-2”. Therefore, a majority of the building at the fifth floor and above is set back approximately 21.3 feet from the east property line. From a design perspective, the proposed setbacks must be reviewed in relation to the dimensional requirements for parking lots and the need for building structure in relation to the east/west 100-foot lot width. In order to provide a double-loaded drive aisle (18-foot long parking spaces on either side of a 24-foot wide drive aisle) with a necessary two-way, 24-foot wide ramp between floors, a width of 84 feet is necessary and leaves 16 feet for building structure and setbacks to property lines. The proposed design represents an efficient parking area where foundation landscape requirements adjacent to streets have not been reduced. With regard to the proposed development on the south side of Devon Drive, the surface parking lot will be set back 39 feet from the Coronado Drive property line, exceeding the minimum front setback requirement. The parking lot will also be set back 10 feet from the east property line in compliance with the minimum side setback requirement. A five-foot setback from the south property line to the backup flair for the end parking spaces is proposed. The pavement for the parking spaces themselves complies Community Development Board – May 19, 2009 FLD2009-03013 – Page 4 of 12 EXHIBIT: STAFF REPORT FLD2009-03013 2009-05-19 with the side setback requirement. Based on the desire to provide parking in excess of the minimum Code requirements to ensure adequate employee parking and based on the dimensional requirements for the width of parking spaces, the parking lot is proposed at an eight-foot front setback from the Devon Drive property line. The City parking lot to the east of this proposed surface parking lot was approved at a front setback of 15 feet. The proposed eight-foot front setback from Devon Drive provides a more efficient off-street parking area by providing adequate parking spaces for hotel employees. There is no perimeter landscape buffer requirement in the Tourist District; therefore there is no loss of required landscaping. Due to this southern portion of the project being a surface parking lot, it is acknowledged that the reduced setback does not contribute to a more active and dynamic street life, but the need for adequate parking is a more significant factor. Maximum Building Height: Pursuant to CDC Table 2-803, the maximum allowable height for overnight accommodations can range between 35 – 100 feet. The proposed building is 89 feet in height from Base Flood Elevation (BFE) to the flat roof, which is below the Code maximum. This site is located within the Small Motel character district of Beach by Design, which does not prescribe any maximum heights for this area. Good planning practice is to transition building heights from a compatibility standpoint. The Community Development Board approved the Kiran Grand overnight accommodation project at 100 Coronado Drive on October 21, 2008, with a 150-foot building height (Case No. FLD2008-05013). The detached dwellings on Devon Drive to the east of this site are zoned Low Medium Density Residential (LMDR) District where the maximum building height is 30 feet. The proposed building height for this project transitions building height from the highest on the west side of Coronado Drive to the detached dwellings to the east of this site. Minimum Off-Street Parking: Pursuant to CDC Table 2-803, the minimum required parking for overnight accommodations is one parking space per room, or a minimum of 108 parking spaces. The proposal includes constructing a total of 112 parking spaces. On the southern portion of the site, 18 surface parking spaces are proposed. On the northern portion of the site as part of the hotel, a total of 94 parking spaces on four floors in a parking garage are proposed. From an amenities standpoint accessory to the hotel, the proposal includes a meeting room of approximately 1,050 square feet and an exercise room of approximately 450 square feet, or a total of approximately 1,500 square feet. There is no restaurant proposed within this hotel. With such minimal amenities, the provided parking appears adequate for both hotel guests and employees. This proposal will take driveway access from Devon Drive for both the northern and southern portions of the site. Existing driveways on Coronado Drive will be removed. Sidewalks will be constructed for the site frontages along Devon Drive. A small portion of the existing public sidewalk on Coronado Drive has been constructed on the subject property. An easement for this encroachment will be required prior to the issuance of a Certificate of Occupancy. Mechanical Equipment: Pursuant to CDC Section 3-201.D.1, all outside mechanical equipment must be screened so as not to be visible from public streets and/or abutting properties. There will be mechanical equipment located on top of the flat roof of the building for the common areas of the building. The parapets surrounding the roof are only one-foot above the roof. Depending on the location of such mechanical equipment in relation to the outside walls of the hotel, the parapet may be insufficient to screen the mechanical equipment and additional screening may be required. This will be reviewed at time of the building permit submission. In-wall individual air conditioners will be provided for each hotel room and will blend in with the façade of the building. Sight Visibility Triangles: Pursuant to CDC Section 3-904.A, to minimize hazards at the driveways on, and the street intersection of Coronado Drive and Devon Drive, no structures or landscaping may be installed which will obstruct views at a level between 30 inches above grade and eight feet above grade Community Development Board – May 19, 2009 FLD2009-03013 – Page 5 of 12 EXHIBIT: STAFF REPORT FLD2009-03013 2009-05-19 within 20-foot sight visibility triangles. The hotel building is proposed within the sight visibility triangles. These encroachments have been reviewed by the City’s Traffic Engineering Department and been found to be acceptable, given the circumstances of this site. Shrubbery planted within the sight visibility triangles will need to be maintained to meet the Code requirements. Utilities: Pursuant to CDC Section 3-911, for development that does not involve a subdivision, all utilities including individual distribution lines must be installed underground unless such undergrounding is not practicable. Electric and communication lines for this hotel will be installed underground on-site in compliance with this requirement. There exist overhead utility lines within the right-of-way along the north side of Devon Drive and along the east side of the southern portion of the site. The proposal will underground these existing overhead lines along the site frontage on Devon Drive. Electric panels, boxes and meters are proposed to be located on the second floor of the parking garage adjacent to the southern stairwell. To ensure views of these electrical equipment are minimized, since the walls for the parking garage at this location are not full walls, this electrical equipment should be painted the same color as the building. Landscaping: Pursuant to CDC Section 3-1202.D, there are no perimeter buffers required in the Tourist District for this overall site. This proposal complies with the minimum five-foot wide building foundation landscaping along Coronado Drive and Devon Drive, which will be planted with a variegated pittosporum hedge with wedelia groundcover, together with cabbage palms. Landscaping assists with softening and reducing building massing to both pedestrians and motorists. There is a large landscaped area on the north side of the proposed building and west of the existing ground-level pool. This proposal complies with the interior landscape area requirements for the surface parking lot on the southern portion of the site, placing landscaping around the perimeter of the parking lot for screening of the parked vehicles and providing trees appropriately spaced for shading of the parking lot and for visual appeal. Two live oak trees are proposed on the west side of the surface parking lot, while cabbage palms are proposed on other sides of the parking lot. Solid Waste: The proposal will utilize hotel housekeeping staff to remove trash from units and transport the trash to the dumpster(s) housed in a storage room on the ground floor of the hotel. On trash days, hotel employees will place the dumpster(s) outside the building in a trash staging area for truck pickup. After dumping, hotel employees will roll the dumpster(s) back inside the building out of view. The proposal has been found to be acceptable by the City’s Solid Waste Department. Signage: The proposal includes a freestanding sign located on the northern portion of the site adjacent to the City marina. This freestanding sign should be designed as a monument-style sign, match the exterior materials and color of the building and be a maximum height of four feet, unless approved at six feet high through a Comprehensive Sign Program, in accordance with the flexibility criteria of CDC Section 2- 803.I.3. Attached signage must meet Code requirements. Additional Beach by Design Guidelines: Section C.1 requires buildings with a footprint of greater than 5,000 square feet to be constructed so that no more than two of the three building dimensions in the vertical or horizontal planes are equal in length. The proposed building footprint is approximately 12,875 square feet. The project’s overall horizontal plane dimensions are approximately 154 feet along Coronado Drive and 86 feet along the Devon Drive, while the vertical plane is approximately 96 feet from grade to the top of the tallest roof. None of these dimensions are equal. Modulation of the building massing, especially on the eastern façade, also provides considerable dimensional variation. Section C.2 requires no plane or elevation to continue uninterrupted for greater than 100 feet without an offset of more than five feet. The west façade of the building has been designed with a linear dimension of approximately 95 feet for the “center” portion of the building. The southern stairwell is indented Community Development Board – May 19, 2009 FLD2009-03013 – Page 6 of 12 EXHIBIT: STAFF REPORT FLD2009-03013 2009-05-19 breaking the linear plane on the south side. An indentation at the elevator lobbies breaks this linear plane on the north side. The east façade of the building has been designed with a linear dimension of approximately 95 feet between bump-outs from the parking garage levels one through four. At the fifth through tenth floors the northernmost portion of the building extends southward 47 feet before the first guest room steps back 8’-10” from this eastern wall face. The southernmost seven guest rooms are further stepped back an additional 5’-2”, which represents a linear façade of approximately 94 feet. The south façade length is approximately 86 feet for the first through fourth floors, reducing to 72 feet for the fifth through tenth floors. The north façade length is approximately 86 feet. Section C.3 requires at least 60 percent of any elevation to be covered with windows or architectural decoration. The applicant has calculated the west elevation at 75 percent with 10 percent open to the parking garage, the north elevation at 79 percent with 12 percent open to the parking garage, the east elevation at 70 percent, with no openings for the parking garage due to Building Code requirements, and the south elevation at 62 percent with 37 percent open to the parking garage. Section C.4 provide that no more than 60 percent of the theoretical maximum building envelop located above 45 feet be occupied by a building. The applicant has calculated the overall proposed building mass between 45 – 100 feet at 41.76 percent, approximately two-thirds of the maximum permissible. Code Enforcement Analysis: There are no outstanding Code Enforcement issues associated with the subject property. COMPLIANCE WITH STANDARDS AND CRITERIA: The following table depicts the consistency of the overnight accommodation use (hotel) with the standards as per CDC Tables 2-801.1 and 2-803: Standard Proposed Consistent Inconsistent 2 Density 50 units/rooms per acre 108 units/rooms X 1 (maximum of 36 units/rooms) (150 units/rooms per acre) Impervious Surface 0.95 0.60 X Ratio Minimum Lot Area 10,000 – 20,000 sq. ft. 31,418sq. ft. X 2 Minimum Lot Width 100 – 150 feet Northern portion: X West: 225 feet South: 100 feet 2 Southern portion: X West: 100 feet North: 110 feet 2 Minimum Setbacks Front: 0 – 15 feet Northern portion: X West: 5 feet (to building) South: 5 feet (to building) 2 Southern portion: X West: 39 feet (to pavement) North: 8 feet (to pavement) 2 Side: 0 – 10 feet Northern portion: X North: 0 feet (to existing pool deck) East: 2.5 feet (to building) 2 Southern portion: X North: 8 feet (to pavement) South: 5 feet (to pavement) 2 Maximum Height 35 – 100feet 89 feet (to flat roof) X 2 Minimum One parking space per unit/room 112 parking spaces X Off-Street Parking (108spaces) 1 Includes 72 units/rooms allocated from the Hotel Density Reserve pursuant to Beach by Design 2 See analysis in Staff Report Community Development Board – May 19, 2009 FLD2009-03013 – Page 7 of 12 EXHIBIT: STAFF REPORT FLD2009-03013 2009-05-19 COMPLIANCE WITH FLEXIBILITY CRITERIA: The following table depicts the consistency of the overnight accommodation use with the Flexibility criteria as per CDC Section 2-803.I: Consistent Inconsistent 1 1. With the exception of those properties located on Clearwater Beach, the parcel X proposed for development shall front on but shall not involve direct access to a major arterial street unless no other means of access would be possible. Height: 2. The increased height results in an improved site plan and/or improved X design and appearance. 1 Signs: 3. No sign of any kind is designed or located so that any portion of the sign is X more than six feet above the finished grade of the front lot line of the parcel proposed for development unless such signage is a part of an approved comprehensive sign program. 1 Front setback: 4. X a. The reduced setback shall contribute to a more active and dynamic street life; b. The reduced setback shall result in an improved site plan through the provision of a more efficient off-street parking area, and/or improved building design and appearance; and c. The reduced setback will not result in a loss of landscaped area, as those areas being diminished by the setback reduction will be compensated for in other areas through a Comprehensive Landscape Plan. 1 Side and rear setbacks: 5. X a. The reduced setback does not prevent access to the rear of any building by emergency vehicles and/or personnel; b. The reduced setback results in an improved site plan through the provision of a more efficient off-street parking area, and/or improved building design and appearance; and c. The reduced setback will not result in a loss of landscaped area, as those areas being diminished by the setback reduction will be compensated for in other areas through a Comprehensive Landscape Plan. 1 6. The design of all buildings shall comply with the Tourist District site and X architectural design guidelines in Section 3-501, as applicable. 1 Lot area and/or width: 7. The reduction shall not result in a building which is out of X scale with existing buildings in the immediate vicinity. 1 8. The parcel proposed for development shall, if located within the Coastal Storm X Area, have a hurricane evacuation plan requiring the use close when a hurricane watch is posted. 1 9. A development agreement must be approved by the City Council pursuant to F.S. §§ X 163.3221--163.3243 and Community Development Code Section 4-606 if the development proposal exceeds the base density and/or base F.A.R. established for the underlying Future Land Use designation. The development agreement shall: a. Comply with all applicable requirements of the "Rules Concerning the Administration of the Countywide Future Land Use Plan" as they pertain to alternative density/intensity, and as amended from time to time; b. Be recorded with the Clerk of the Circuit Court pursuant to F.S. § 163.3239, with a copy filed with the Property Appraiser's Office, and a copy submitted to the PPC and CPA for receipt and filing within 14 days after recording; and c. Have its development limitations memorialized in a deed restriction, which shall be recorded in the Official Records of Pinellas County prior to the issuance of any building permit for the overnight accommodations use. 1 See analysis in Staff Report. Community Development Board – May 19, 2009 FLD2009-03013 – Page 8 of 12 EXHIBIT: STAFF REPORT FLD2009-03013 2009-05-19 COMPLIANCE WITH GENERAL STANDARDS FOR LEVEL TWO APPROVALS: The following table depicts the consistency of the overnight accommodation use with the General Standards for Level Two Approvals as per CDC Section 3-913: Consistent Inconsistent 1. The proposed development of the land will be in harmony with the scale, bulk, X coverage, density and character of adjacent properties in which it is located. 1 2. The proposed development will not hinder or discourage development and use of X adjacent land and buildings or significantly impair the value thereof. 3. The proposed development will not adversely affect the health or safety of persons X residing or working in the neighborhood. 1 4. The proposed development is designed to minimize traffic congestion. X 1 5. The proposed development is consistent with the community character of the X immediate vicinity. 1 6. The design of the proposed development minimizes adverse effects, including X visual, acoustic and olfactory and hours of operation impacts on adjacent properties. 1 See analysis in Staff Report. SUMMARY AND RECOMMENDATION: The Development Review Committee (DRC) reviewed the application and supporting materials at its meeting of April 2, 2009, and deemed the development proposal to be sufficient to move forward to the Community Development Board (CDB), based upon the following findings of fact and conclusions of law: Findings of Fact. The Planning Department, having reviewed all evidence submitted by the applicant and requirements of the Community Development Code, finds that there is substantial competent evidence to support the following findings of fact: 1. The 0.72 acres is located on the east side of Coronado Drive at the northeast and southeast corners of Devon Drive/First Street; 2. The site is comprised of three parcels, two on the north side of Devon Drive and one on the south side of Devon Drive; 3. The proposal is to construct a 108-unit overnight accommodation use at a density of 150 units/acre, which includes the allocation of 72 units from the Hotel Density Reserve under Beach by Design; 4. A companion Development Agreement (DVA2009-00001) that must be approved by City Council is also on this CDB agenda is, providing for the allocation of the 72 units from the Hotel Density Reserve; 5. The hotel is proposed on the northern portion of the site north of Devon Drive and is proposed at a height of 89 feet from the Base Flood Elevation (BFE) to the roof deck; 6. The proposed 89-foot building height transitions building height from the highest on the west side of Coronado Drive (Kiran Grande – 150-foot maximum height) to the detached dwellings to the east of this site (30-foot maximum height); 7. The first four levels of the hotel will provide a total of 94 parking spaces, with driveway access on Devon Drive; 8. The proposal includes setback reductions from all property lines on the northern portion of the site; 9. While the proposal includes a setback of 2.5 feet from the east property line, a majority of the building at the fifth floor and above is set back approximately 21.3 feet from the east property line; 10. A surface parking lot of 18 spaces is proposed on the southern portion of the site south of Devon Drive, with driveway access on Devon Drive; Community Development Board – May 19, 2009 FLD2009-03013 – Page 9 of 12 EXHIBIT: STAFF REPORT FLD2009-03013 2009-05-19 11. The proposal includes setback reductions from the north and south property lines only on the southern portion of the site; 12. The proposal includes constructing a total of 112 parking spaces, exceeding the minimum requirement of 108 spaces (one space per room); and 13. There is no outstanding Code Enforcement issues associated with the subject property. Conclusions of Law. The Planning Department, having made the above findings of fact, reaches the following conclusions of law: 1. That the development proposal is consistent with the Standards as per Tables 2-801.1 and 2-803 of the Community Development Code; 2. That the development proposal is consistent with the Flexibility criteria as per Section 2-803.I of the Community Development Code; 3. That the development proposal is consistent with the General Standards for Level Two Approvals as per Section 3-913 of the Community Development Code; 4. That the development proposal is consistent with the Design Guidelines of Beach by Design; and 5. The proposal is compatible with the adjacent land uses. APPROVAL Based upon the above, the Planning Department recommends of the (1) Flexible Development application to permit a 108-room overnight accommodation use in the Tourist (T) District with a reduction to lot width along Devon Drive/First Street from 150 to 100 feet (north side) and from 150 to 110 feet (south side), a reduction to the front (west) setback from 15 to five feet (to proposed building) (north side of Devon Drive/First Street), a reduction to the front (south) setback from 15 to five feet (to proposed building) (north side of Devon Drive/First Street), a reduction to the front (north) setback from 15 to eight feet (to proposed pavement) (south side of Devon Drive/First Street), a reduction to the side (north) setback from 10 to zero feet (to existing pool deck) (north side of Devon Drive/First Street), a reduction to the side (east) setback from 10 to 2.5 feet (to proposed building) and 7.22 feet (to existing pool deck) (north side of Devon Drive/First Street), a reduction to the side (south) setback from 10 to five feet (to proposed pavement) (south side of Devon Drive/First Street), and an increase to the building height from 35 to 89 feet (to top of roof deck), under the provisions of Section 2-803.I, and approval of a two-year development order; and (2) Increase of the permitted density by the allocation of 72 overnight accommodation units from the Hotel Density Reserve created pursuant to Beach by Design, with the following conditions: Conditions of Approval: 1. That approval of this Flexible Development case is subject to the approval of a Development Agreement with the City (Case DVA2009-00001); 2. That application for a building permit to construct the approved project be submitted no later than May 19, 2011, unless time extensions are granted pursuant to CDC Section 4-407; 3. That, prior to the issuance of any permit, a Declaration of Unity of Title be recorded in the public records; 4. That the final design and color of the buildings be consistent with the elevations approved by the CDB; 5. That, prior to the issuance of any permit, ownership of the deck/dock on the north side be verified and documentation of any lease of the submerged lands be submitted to the Planning Department; 6. That the freestanding sign be a monument-style sign, be designed to match the exterior materials and color of the building and be a maximum height of four feet, unless approved at six feet high through a Comprehensive Sign Program; 7. That the books and records pertaining to use of each hotel room be open for inspection by authorized representatives of the City, upon reasonable notice, in order to confirm compliance with the Hotel Density Reserve criteria of Beach by Design as allowed by general law; Community Development Board – May 19, 2009 FLD2009-03013 – Page 10 of 12 EXHIBIT: STAFF REPORT FLD2009-03013 2009-05-19 8. That, prior to the issuance of the Certificate of Occupancy, existing overhead utility lines within the right-of-way along the north side of Devon Drive be placed underground and electric panels and boxes on the second floor of the parking garage be painted the same color as the building; 9. That the bicycle parking/storage area on the ground level of the parking garage be for hotel guest convenience as an accessory use only; 10. That, prior to the issuance of the Certificate of Occupancy, an easement be recorded in the public records for the sidewalk along Coronado Drive partially on the subject property; 11. That any applicable Public Art and Design Impact Fee be paid prior to the issuance of any permits; 12. That all Parks and Recreation fees be paid prior to the issuance of any permits; and 13. That, prior to the issuance of any permit, all requirements of General Engineering, Stormwater Engineering, Traffic Engineering and the Fire Department be addressed. Prepared by Planning Department Staff: __________________________________________ Wayne M. Wells, AICP, Planner III ATTACHMENTS: Location Map ?? Aerial Map ?? Zoning Map ?? Existing Surrounding Uses Map ?? Photographs of Site and Vicinity ?? S:\Planning Department\C D B\FLEX (FLD)\Pending cases\Up for the next CDB\Coronado 0101 - 0105 Holiday Inn Express (T) 2009.05 - 5.19.09 CDB - WW\Coronado 0101 Staff Report.doc Community Development Board – May 19, 2009 FLD2009-03013 – Page 11 of 12 EXHIBIT: STAFF REPORT DVA2009-00001 2009-05-19 CDB Meeting Date: May 19, 2009 Case Number: DVA2009-00001 (Related to FLD2009-03013) Agenda Item: F.1. (Related to E.4.) Owner/Applicant: Decade Companies Income Properties Representative: Keith Zayac, PE, RLA, LEED AP, Keith Zayac & Associates, Inc. Address: 101 and 105 Coronado Drive and 35 Devon Drive CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT GENERAL INFORMATION: REQUEST: Review of, and recommendation to the City Council, of a Development Agreement between Decade Companies Income Properties (the property owner) and the City of Clearwater, providing for the allocation of units from the Hotel Density Reserve under Beach by Design. CURRENT ZONING: Tourist (T) District CURRENT FUTURE LAND Resort Facilities High (RFH) USE CATEGORY: BEACH BY DESIGN Small Motel CHARACTER DISTRICT: PROPERTY USE: Current Use:22-room motel and vacant land (formerly a 16-unit motel and a 15-unit motel) Proposed Use: Overnight accommodation use of a total of 108 rooms (150 rooms/acre on total site, including the allocation of 72 units from the Hotel Density Reserve) and approximately 1,500 square feet (0.048 FAR on total site) of amenities accessory to the hotel at a height of 89 feet (to roof deck) EXISTING North: Preservation (P) District City Marina SURROUNDING ZONING South: Tourist (T) District Retail sales and Overnight AND USES: accommodations East: Tourist (T) District Overnight accommodations and City parking lot West: Tourist (T) District Temporary City parking lot ANALYSIS: Site Location and Existing Conditions: The 0.72 acres is located on the east side of Coronado Drive at the northeast and southeast corners of Devon Drive/First Street. The subject property is currently developed with a 22-unit motel (101 Coronado Drive) and vacant land presently used for construction trailers for the Hyatt/Aqualea project (105 Coronado Drive and 35 Devon Drive). The vacant parcels were previously developed with a 16-unit motel (105 Coronado Drive) and a 15-unit motel (35 Devon Drive). Development Proposal: Community Development Board – May 19, 2009 DVA2009-00001 – Page 1 of 3 EXHIBIT: STAFF REPORT DVA2009-00001 2009-05-19 The development proposal includes a companion Flexible Development application (FLD2009-03013) to permit an overnight accommodation use of a total of 108 rooms (150 rooms/acre on total site, including the allocation of 72 units from the Hotel Density Reserve) and approximately 1,500 square feet (0.048 FAR on total site) of amenities accessory to the hotel (meeting room and exercise room) at a height of 89 feet (to roof deck). All 108 units of the hotel and 94 parking spaces on four levels are proposed on the northern portion of the site (north of Devon Drive). A surface parking lot for 18 spaces is proposed on the southern portion of the site (south of Devon Drive). Development Agreement: The Development Agreement is a requirement for the allocation of hotel units from the Hotel Density Reserve, adopted as an amendment to Beach by Design under Ordinance 7925-08 on July 17, 2008. A total of 1,385 hotel rooms are available under the Hotel Density Reserve and this proposal requests the allocation of 72 units from it. The City has established the Development Agreement format as a means to facilitate the allocation of the units and to set forth appropriate provisions related to the development of the property. The proposed Development Agreement will be in effect for a period not to exceed ten (10) years, meets the criteria for the allocation of units from the Hotel Density Reserve under Beach by Design and includes the following main provisions: Provides for the allocation of 72 units from the Hotel Density Reserve; ?? Requires the developer to obtain building permits and certificates of occupancy in accordance with ?? Community Development Code (CDC) Section 4-407; Requires the return of any hotel unit obtained from the Hotel Density Reserve that is not ?? constructed; For units allocated from the Hotel Density Reserve, prohibits the conversion of any hotel unit to a ?? residential use and requires the recording of a covenant restricting use of such hotel units to overnight accommodation usage; and Requires a legally enforceable mandatory evacuation/closure covenant that the hotel will be closed ?? as soon as practicable after a hurricane watch that includes Clearwater Beach is posted by the National Hurricane Center. The Community Development Board (CDB) has been provided with the most recent Development Agreement. The City Council may enter into Development Agreements to encourage a stronger commitment on comprehensive and capital facilities planning, to ensure the provision of adequate public facilities for development, to encourage the efficient use of resources, and to reduce the economic cost of development. The CDB is required to review the proposed Development Agreement and make a recommendation to the City Council. Community Development Board – May 19, 2009 DVA2009-00001 – Page 2 of 3 EXHIBIT: STAFF REPORT DVA2009-00001 2009-05-19 SUMMARY AND RECOMMENDATION: The Development Review Committee (DRC) reviewed the application and supporting materials at its meeting of April 2, 2009, and deemed the development proposal to be sufficient to move forward to the Community Development Board (CDB), based upon the following findings of fact and conclusions of law: Findings of Fact: The Planning Department, having reviewed all evidence submitted by the applicant and requirements of the Community Development Code, finds that there is substantial competent evidence to support the following findings of fact: 1. That the 0.72 acres is located on the east side of Coronado Drive at the northeast and southeast corners of Devon Drive/First Street; 2. That the property is located within the Tourist (T) District and the Resort Facilities High (RFH) Future Land Use Plan category; 3. That the development proposal is subject to the requirements of Beach by Design, the Design Guidelines contained therein as the property is located within the Small Motel character district and the criteria for allocation of units from the Hotel Density Reserve. Conclusions of Law: The Planning Department, having made the above findings of fact, reaches the following conclusions of law: 1. That the Development Agreement implements and formalizes the requirements for the construction of on-site and off-site improvements under the related site plan proposal (FLD2009-03013); 2. That the Development Agreement complies with the standards and criteria of Section 4-606 of the Community Development Code; 3. That the Development Agreement is consistent with and furthers the Visions, Goals, Objectives and Policies of the Comprehensive Plan; 4. That the Development Agreement is consistent with the Visions, Goals, Objectives and Policies of Beach by Design and the Small Motel character district; and 5. That the Development Agreement complies with the criteria in Beach by Design for the allocation of units from the Hotel Density Reserve. APPROVAL Based upon the above, the Planning Department recommends the , and recommendation to the City Council, of a Development Agreement between Decade Companies Income Properties (the property owner) and the City of Clearwater, providing for the allocation of units from the Hotel Density Reserve under Beach by Design, for the property at 101 and 105 Coronado Drive and 35 Devon Drive. Prepared by Planning Department Staff: __________________________________________ Wayne M. Wells, AICP, Planner III ATTACHMENTS: Development Agreement with Exhibits ?? Location Map ?? Aerial Map ?? Future Land Use Map ?? Zoning Map ?? S:\Planning Department\C D B\FLEX (FLD)\Pending cases\Up for the next CDB\DVA2009-00001 - Coronado 0101 - Holiday Inn Express (T) - 5.19.09 CDB - WW\Coronado 0101 Dev. Agree. Staff Report for 5.19.09 CDB.doc Community Development Board – May 19, 2009 DVA2009-00001 – Page 3 of 3