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Community Development Board Agenda - October 20, 2009, Revised 10-19-2009Clearwater CONSENT AGENDA COMMUNITY DEVELOPMENT BOARD Date: Tuesday, October 20, 2009 Time: 1:00 p.m. Place: 112 South Osceola Street, 3rd Floor, Clearwater, Florida, 33756 (City Hall Council Chambers) Revised 10/19/2009 Welcome the City of Clearwater Community Development Board (CDB) meeting. The City strongly supports and fully complies with the Americans with Disabilities Act (ADA). Please advise us at least 72 hours prior to the meeting if you require special accommodations. Assisted listening devices are available. An oath will be administered swearing in all participants in public hearing cases. If you wish to speak please wait to be recognized, then state and spell your name and provide your address. Persons speaking before the CDB shall be limited to three minutes unless an individual is representing a group in which case the Chairperson may authorize a reasonable amount of time up to 10 minutes. Kindly refrain from conducting private conversations, using beepers, cellular telephones, etc. as they are distracting during the meeting. Florida Statue 286.0105 states: Any person appealing a decision of this Board must have a record of the proceedings to support such appeal. Community Development Code Section 4- 206 requires that any person seeking to: personally testify, present evidence, argument and witness, cross-examine witnesses, appeal the decision and speak on reconsideration requests should request party status during the case discussion. Party status entitles parties to: personally testify, present evidence, argument and witnesses cross-examine witnesses, appeal the decision and speak on reconsideration requests. If you have questions or concerns about a case, please contact the staff presenter from the Planning Department listed at the end of each agenda item at 727-562-4567. www. mycle arwater. com/gov/depts/planning Community Development Board Agenda -October 20, 2009 -Page 1 of 4 A. CALL TO ORDER, INVOCATION, PLEDGE OF ALLEGIANCE B. ROLL CALL: Chair Fritsch, Vice Chair Coates, Members Adelson, Barker, Behar, Dame, DiPolito, Ahernate Member Carlough, City Staff C. APPROVAL OF MINUTES OF PREVIOUS MEETING: September 15, 2009. D. CONSENT AGENDA: The following cases are not contested by the applicant, staff, neighboring property owners, etc. and will be approved by a single vote at the beginning of the meeting (Items 1-8): 1. Case: FLD2009-08024 - 25020 U.S. Highway 19 North Level Two Application Owner/Applicant: U. S. 19 Group, LLC; Linda P. Windham. Agent: Kelly Puttonen, Rent First Realty Inc. (P.O. Box 272670, Tampa, FL 33688-2670; phone: 813- 629-0255). Location: 1.58 acres located on the west side of U.S. Highway 19 North approximately 3,100 feet north of the intersection of Sunset Point Road and U.S. Highway 19 North. Atlas Page: 243B. Zoning: Commercial (C) District. Request: Flexible Development approval to permit a change of use from retail sales and services to animal grooming and boarding within the Commercial (C) District within an existing 18,022 square foot shopping center with 82 off-street parking spaces and no changes to the building height, structure setbacks or building, as a Comprehensive Infill Redevelopment Project, under the provisions of Community Development Code Section 2-704.C. Proposed Use: Animal Grooming and Boarding. Neighborhood Association(s): Clearwater Neighborhoods Coalition. Presenter: A. Scott Kurleman, Planner III. 2. Case: FLD2009-08025 - 490 Mandalay Avenue Level Two Application Owner/Applicant: Mary G. Realty, Inc; North Beach Wine & Spirits, Inc. Agent: Katherine Cole, Esq., Johnson, Pope, Bokor, Ruppel & Burns, LLP. (911 Chestnut Street, Clearwater, FL 33756; phone: 727-461-1818). Location: 0.40 acres located at the southwest corner of Mandalay Avenue and Baymont Street. Atlas Page: 267A. Zoning: Tourist (T) District. Request: Flexible Development approval to permit a change of use from restaurant to alcoholic beverage sales within the Tourist (T) District within an existing 6,254 square foot shopping center with 26 off-street parking spaces and no changes to the building height, structure setbacks, or building as a Comprehensive Infill Redevelopment Project, under the provisions of Community Development Code Section 2-803.C. Proposed Use: Alcoholic Beverage Sales. Neighborhood Association(s): Clearwater Beach Association and Clearwater Neighborhoods Coalition. Presenter: A. Scott Kurleman, Planner III. 3. Case: FLD2007-06024 - 1200 Rogers Street Level Two Application Owner/Applicant: John H. Meek, Jr. Agent: Renee Ruggiero, Northside Engineering Services Inc. (300 S. Belcher Road, Clearwater, FL 33765; phone: 727-443-2836; fax: 727-446-8036). Location: 0.154 acres located on the east side of Missouri Avenue at the northeast corner of Rogers Street and Missouri Avenue. Atlas Page: 296B. Zoning District: Commercial (C) District. Request: Extend the time frame of the Development Order. Proposed Use: Off Street Parking Lot. Presenter: A. Scott Kurleman, Planner III. Community Development Board Agenda -October 20, 2009 -Page 2 of 4 4. Case: TA2009-03006 -Amendments to the Community Development Code and the Code of Ordnances Level Three Application Applicant: City of Clearwater, Planning Department. Request: Amendments to the Community Development Code and the Code of Ordinances to implement EAR-Based Amendments to the Comprehensive Plan, to bring consistency between the Countywide Plan Rules and the Community Development Code, to increase the maximum height from 36 inches to 48 inches for non-opaque fences in waterfront yards, and to address other minor editorial changes. Neighborhood Association(s): Clearwater Neighborhoods Coalition. Presenter: Sandra E. Herman, Planner III. 5. Case: CPA2009-07001 Amendments to the Comprehensive Plan Level Three Application Applicant: City of Clearwater, Planning Department. Request: Amendments to the Comprehensive Plan to update the Capital Improvements Element consistent with the City's FY2009/10 CIP Budget and the reference to the School District's Five-Year Work Program of FY2009/10 through 2013/14 as proposed for adoption by the School Board on September 15, 2009. Type of Amendment: Separate submittal to State DCA exempt from large-scale submittal process Neighborhood Association(s): Clearwater Neighborhoods Coalition. Presenter: Sandra E. Herman, Planner III. 6. Case: HIS2009-00001 - 401 Cleveland Street Level Three Application Owner/Applicant: City of Clearwater Agent: Ivan A. Rodriguez, Heisenbottle Architects, P.A. (2199 Ponce De Leon Blvd, Suite 400, Coral Gables, FL 33134; phone: 305-446-7799; fax: 305-446-9275). Location: 0.065 acres located on the southeast corner of Cleveland Street and Osceola Avenue. Atlas Page: 286B Zoning: Downtown (D) District. Request: Historic designation of 401 Cleveland Street (Parcel Number 16-29-15-20358-002-0071) under the provisions of Section 4-607.F. Existing Use: Office Neighborhood Association(s): Downtown Development Board, Clearwater Neighborhoods Coalition. Presenter: Gina L. Clayton, Assistant Planning Director. 7. Case: HIS2009-00002 - 405 Cleveland Street Level Three Application Owner/Applicant: City of Clearwater Agent: Ivan A. Rodriguez, Heisenbottle Architects, P.A. (2199 Ponce De Leon Blvd, Suite 400, Coral Gables, FL 33134; phone: 305-446-7799; fax: 305-446-9275). Location: 0.1444 acres located on the south side of Cleveland Street approximately 50 feet east of Osceola Avenue. Atlas Page: 286B Zoning: Downtown (D) District. Request: Historic designation of 405 Cleveland Street (Parcel Number 16-29-15-20358-002-0070), under the provisions of Section 4-607.F Existing Use: Theater Neighborhood Association(s): Downtown Development Board, Clearwater Neighborhoods Coalition. Presenter: Gina L. Clayton, Assistant Planning Director. Community Development Board Agenda -October 20, 2009 -Page 3 of 4 8. Case: LUZ2009-07002 - A Portion of 1980 Kings Highway Level Three Application Owner/Applicant: Clearwater Village LLC1City of Clearwater Agent: Michael De1k, Community Development Coordinator (100 South Myrtle Avenue, Clearwater, FL 33756; phone: 727-562-4567). Location: 2.21 acres located on the west side of Kings Highway approximately 112 feet south of Woodlawn Terrace. Atlas Page: 251B. Zoning: Medium Density Residential (MDR) District. Request: Application from The City of Clearwater for Future Land Use Plan amendment approval for a portion of one parcel located at 1980 Kings Highway (Parcel Number 03-29-15-55548-000-0091), to add the Transportation/Utility Overlay and Drainage Feature Overlay categories to the existing Residential Medium (RM) land use. Type of Amendment: Small scale. Proposed Use: Vacant. Neighborhood Association(s): Clearwater Neighborhoods Coalition. Presenter: Cate Lee, Planner II. E. CONSIDERATION OF APPEAL (Item 1): 1. Case: APP2009-00006 - 2325 Stag Run Boulevard Owner/Appellant: Gerald Mitchell (2325 Stag Run Boulevard, Clearwater, FL 33765; phone: 727- 724-6453). Location: 0.234 acres located on the southeast side of Stag Run Boulevard, approximately 670 feet southwest of Wetherington Road. Atlas Page: 272A. Zoning: Low Medium Density Residential (LMDR) District. Request: An appeal from a Level One (Tree Removal Permit) denial decision pursuant to Community Development Code Section 4-SO1.A.4, that a request to remove one laurel oak tree in conjunction with the construction of a swimming pool and deck does not meet the removal criteria set forth in Community Development Code Section 3-1205 B.2.a. Existing Use: Detached Dwelling. Neighborhood Association(s): Coachman Ridge Homeowners and Clearwater Neighborhoods Coalition. Presenter: Richard J. Albee, Land Resource Specialist. F. DIRECTOR'S ITEM: (Item 1): 1. Holiday Luncheon G. ADJOURNMENT S: (Planning Department) C D B (Agendas DRC & CDB I CDB 12009110 October 20, 20091 CDB ConsentAgenda October 20, 2009. docx Community Development Board Agenda -October 20, 2009 -Page 4 of 4