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09/15/2009 COMMUNITY DEVELOPMENT BOARD MEETING MINUTES CITY OF CLEARWATER September 15, 2009 Present: Nicholas C. Fritsch Chair Thomas Coates Vice Chair Jordan Behar Board Member Frank L. Dame Board Member Richard Adelson Board Member Brian A. Barker Board Member Norma R. Carlough Acting Board Member Absent: Doreen DiPolito Board Member Also Present: Gina Grimes Attorney for the Board Leslie Dougall-Sides Assistant City Attorney Michael L. Delk Planning Director Gina Clayton Assistant Planning Director 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: August 18, 2009 Member Behar moved to approve the minutes of the regular Community Development Board meeting of August 18, 2009, as recorded and submitted in written summation to each board member. The motion was duly seconded and carried unanimously. D. CONSENT AGENDA: The following case is not contested by the applicant, staff, neighboring property owners, etc. and will be approved by a single vote at the beginning of the meeting: (Items1-4) 1. Case: FLD2009-06020 – 1575 Sunshine Drive Level Two Application Owner/Applicant: Brenntag Midsouth, Inc. Agent: Rick Moore, R & D Tri Enterprises, Inc. (34 NE Crystal Street, Crystal River, FL 34428; phone: 352-794-0002; fax: 727-795-1041). Location: 3.76 acres located on the east side of Sunshine Drive approximately 290 feet south of the intersection of Logan Street and Sunshine Drive. Atlas Page: 271B. Zoning: Industrial, Research and Technology (IRT) District. Request: Flexible Development approval to permit an expansion of an existing Wholesale/ Distribution/Warehouse and Manufacturing facility in the Industrial, Research and Technology (IRT) District with a lot area of 163,785 square-feet, a lot width of 135 feet, a front (west) setback of 67 feet (to pavement), a side (west) setback of 10 feet (to building), a side (south) setback of 42 feet (to building), a side (north) setback of 16 feet (to storage tanks) a rear (east) Community Development 2009-09-15 1 setback of 19 feet (to pavement) and 27 feet (to building), a building height of 36.5 feet, and 25 parking spaces as a Comprehensive Infill Redevelopment Project under the provisions of Community Development Code (CDC) Section 2-1304.C. and a reduction to landscape buffer along rear (east) property line from five feet to zero feet, a reduction of landscape buffer along side (north) property line from five feet to zero feet, a reduction of landscape buffer along side (west) property line from five feet to zero feet, a reduction to landscape buffer along side (south) setback from five feet to zero feet and a reduction to required interior landscape area from 10 percent to zero percent, as a Comprehensive Landscape Program, under provisions of CDC Section 3-1202.G. Proposed Use: Wholesale/Distribution/Warehouse and Manufacturing Facility Neighborhood Association: Clearwater Neighborhoods Coalition. Presenter: A. Scott Kurleman, Planner III. See Exhibit: Staff Report FLD2009-06020 2009-09-15. See page 3 for motion of approval. 2. Case: FLD2009-07021 – 830 Bayway Boulevard Level Two Application Owner/Applicant: Clearwater Yacht Club, Inc. Agent: Jay F. Myers, Myers and Associates Architecture (9170 Oakhurst Road, Suite 3B, Seminole, FL 33776; phone: 727-595-7100; fax: 727-595-7138). Location: 1.15 acres located on the north side of Bayway Boulevard approximately 650 feet east of the intersection of Gulf and Bayway boulevards. Atlas Page: 285A. Zoning: Tourist (T) District. Request: Flexible Development approval (1) to permit the upgrading and expansion of an existing social and community center in the Tourist (T) District with a lot area of 50,428 square- feet, a lot width of 410 feet, a front (south) setback of six feet (to pavement), a side (east) setback of zero feet (to existing pavement), a side (west) setback of 14 feet (to existing shed), a rear (north) setback of zero feet (to pavement and tiki hut), a building height of 27.5 feet (to midpoint of roof) and 50 parking spaces, and (2) to permit outdoor storage (boats) in the Tourist (T) District as a Comprehensive Infill Redevelopment Project, under the provision of Community Development Code (CDC) Section 2-803.C. Proposed Use: Social and Community Center Neighborhood Associations: Clearwater Beach Association and Clearwater Neighborhoods Coalition. Presenter: A. Scott Kurleman, Planner III. See Exhibit: Staff Report FLD2009-07021 2009-09-15. See page 3 for motion of approval. Community Development 2009-09-15 2 3. Case: FLD2009-08029 – 1255 Cleveland Street Level Two Application Owner/Agent: Bennetta Slaughter, Jade Group (P.O. Box 41377, Memphis, TN 38174; phone: 901-486-8433; fax: 901-328-5595; email: benn.slaughter@gmail.com). Location: 1.68-acre parcel located at the southeast corner of Cleveland Street and Lincoln Avenue. Atlas Page: 287B. Zoning: Downtown (D) District. Request: Flexible Development approval to permit a change of use from office to educational facilities for a 15,212 square-foot portion of an existing 36,920 square-foot building within the Downtown (D) District with 129 off-street parking spaces as a Comprehensive Infill Redevelopment Project under the provisions of Community Development Code Section 2-903.C, as well as a Termination of Status as a Nonconformity for the existing building height of 87 feet where a height of 50 feet is permissible under current code, as per Community Development Code Section 6-109 Proposed Use: Educational Facility Neighborhood Associations: Skycrest Neighborhood Association; East Gateway Neighborhood CW and Country Club Addition Neighborhood Association and Clearwater Neighborhoods Coalition. Presenter: Robert G. Tefft, Development Review Manager. See Exhibit: Staff Report FLD2009-08029 2009-09-15. Member Coates moved to approve Cases FLD2009-06020, FLD2009-07021, and FLD2009-08029 on today’s Consent Agenda based on evidence in the record, including the applications and the Staff Reports, and hereby adopt the Findings of Fact and Conclusions of Law stated in the Staff Reports, with conditions of approval as listed. The motion was duly seconded and carried unanimously. 4. Pulled from Consent Agenda Level Three Application Case: TA2009-08008 Amendments to the Community Development Code Applicant: City of Clearwater, Planning Department. Request: Amendments to the Community Development Code to create the temporary use category of Outdoor Automobile, Boat, and Recreational Vehicle Shows. Neighborhood Association: Clearwater Neighborhoods Coalition. Presenter: Cate Lee, Planner II. See Exhibit: Staff Report TA2009-08008 2009-09-15. In response to a question, Planner II Cate Lee said both Clearwater and Westfield malls are larger than 75 acres and would qualify for this use category. Member Coates moved to recommend approval of Case TA2009-08008 based on evidence in the record, including the applications and the Staff Report, and hereby adopt the Findings of Fact and Conclusions of Law stated in the Staff Report. The motion was duly seconded and carried unanimously. E. LEVEL TWO APPLICATION: (Item 1) Community Development 2009-09-15 3 1. Case: FLD2009-07022 – 26200 U.S. Highway 19 N Level Two Application Owner/Applicant: Pssghetti’s III, LLC. Agent: Bill Kimpton (605 Palm Blvd., Dunedin, FL 34698; phone: 727-733-7500; fax: 727- 733-7511; email: bill@kimptonlaw.com). Location: 2.05 acres located at the northwest corner of US Highway 19 and Enterprise Road. Atlas Page: 232B. Zoning: Commercial (C) District. Request: Flexible Development approval to permit a restaurant in the Commercial (C) District with a lot area of 2.05 acres; a lot width along US Highway 19 of 414 feet and along Enterprise Road of 276 feet; a front (east) setback of 74 feet (to building), zero feet (to existing roadway pavement of US Highway 19 N exit ramp), 40 feet (to existing parking lot pavement), 46.87 feet (to courtyard patio) and 45 feet (to courtyard wall); a front (south) setback of 62 feet (to existing building), 10 feet (to existing pavement), 20 feet (to outdoor café patio) and 10 feet (to courtyard wall); a side (west) setback of 2.5 feet (to existing pavement); a side (north) setback of 7.5 feet (to existing pavement); a building height of 15.33 feet (to roof deck); and 87 on-site parking spaces (with an additional 73 off-site parking spaces shared with adjacent shopping center), as a Comprehensive Infill Redevelopment Project, under the provisions of Community Development Code (CDC) Section 2-704.C; and a reduction to the perimeter buffer along Enterprise Road from 15 to 10 feet (to existing pavement) and a reduction to the west side perimeter buffer from five to 2.5 feet (to existing pavement), as a Comprehensive Landscape Program, under the provisions of CDC Section 3-1202.G. Proposed Use: Restaurant Neighborhood Associations: Woodgate 1 and II and Clearwater Neighborhoods Coalition. Presenter: Wayne M. Wells, AICP, Planner III. See Exhibit: Staff Report FLD2009-07022 2009-09-15. 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. Planner III Wayne Wells reviewed the staff report, which supports the project. The City received one letter in support and one in opposition to the exterior color palette. Bill Kimpton, representing the applicant, discussed development difficulties related to the shopping center’s cross parking, covenants, and restrictions. He said this development was begun prior to the economic downturn; the project will create jobs. Phil Phillips, general contractor for the project, said the exterior is designed to replicate an Italian village streetscape. He said the number of colors was reduced from six to four. He said accent columns, moldings, and stone in cream will mute the colors and tie the design together. He said mature landscaping will be installed. Discussion ensued with comments that the design successfully creates an Italian look of separate buildings, the landscaping will complement the colors, and a concern expressed that the colors are loud and garish. Community Development 2009-09-15 4 Member Barker moved to approve Case FLD 2009-07022 based on the evidence and testimony presented in the application, the Staff Report and at today’s hearing, and hereby adopts 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. F. CONSIDERATION OF APPEAL: (Item 1) Case: APP2009-00005 – 1932 Hastings Lane Owner/Appellant: Thomas Evans (1932 Hastings Lane, Clearwater, FL 33763; phone: 727-420-1274; fax: 727-734-3821). Location: 0.195 acre located at the northeast corner of Hastings Lane and Barrington Drive. Atlas Page: 253A. Zoning: Low Medium Density Residential (LMDR) District. 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 pool and deck location is inconsistent with the Accessory Use/Structures standards as set forth in Community Development Code Section 3-201.B.4. Existing Use: Detached Dwelling Neighborhood Associations: Valencia Park/ Cedar Groves HOA and Clearwater Neighborhoods Coalition. Presenter: Matthew Jackson, Planner II. See Exhibit: Staff Report APP2009-00005 2009-09-15. Member Behar moved to accept Michael Delk as an expert witness in the fields of redevelopment planning, comprehensive planning, annexation implementation, and economic development and Matthew Jackson 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 II Matthew Jackson reviewed the staff report. Corner lots front two streets, where 25-foot setbacks are required. Assistant City Attorney Leslie Dougall-Sides said the decision to deny this request did not consider the original application, which had expired. The current Code went into effect in 1999; the previous Code required the same setbacks but allowed variances. Owner/Appellant Thomas Evans said City staff had approved his 2003 application to build the swimming pool in his yard; he did not obtain a permit due to financial issues. He said he now can fund the project; however staff denied his same request. He displayed photographs of properties in Clearwater with swimming pools and decking that he said do not meet Code. He expressed concern that other swimming pools had been built without permit and requested the same variances provided other homeowners. He said the proposed location for the swimming pool is reasonable. Planning Director Michael Delk said staff had erred in approving the 2003 application; a permit never was issued. Development orders must be extended before they expire. Staff is required to follow the Code, which no longer allows variances for these types of applications. Mr. Delk said staff could help see if the easement behind the house could be abandoned. Community Development 2009-09-15 5 Discussion ensued regarding the impacts of setback restrictions, with a concern expressed that this type of a request cannot be approved and a comment that code changes could not be foreseen when developers sited houses on corner lots. It was suggested that the homeowner consider creative ways to construct a legal swimming pool, such as relocating the patio, integrating the pool into the house's structure, and working with staff to obtain further use of the easement. Board members discussed limits to their authority to overturn staff decisions. It was stated that staff had not misconstrued nor incorrectly interpreted provisions of the development code. Member Coates moved to deny the appeal, Case APP2009-00005, 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 and carried unanimously. G. ADJOURN The meeting adjourned at 2:17 p.m. ~~p'~.b' Ir Community Development Board Community Development 2009-09-15 6 EXHIBIT: STAFF REPORT FLD2009-06020 2009-09-15 CDB Meeting Date: September 15, 2009 Case Numbers: FLD2009-06020 Agenda Item: D.2. Owner/Applicant: Brenntag Midsouth, Inc. Kenneth Jones Representative: Rick Moore, R&D Tri Enterprises, Inc. Address: 1575 Sunshine Drive CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT GENERAL INFORMATION: REQUEST: Flexible Development approval to permit an expansion of an existing Wholesale/Distribution/Warehouse and Manufacturing facility in the Industrial, Research and Technology (IRT) District with a lot area of 163,785 square feet, a lot width of 135 feet, a front (west) setback of 67 feet (to pavement), a side (west) setback of 10 feet (to building), a side (south) setback of 42 feet (to building), a side (north) setback of 16 feet (to storage tanks) a rear (east) setback of 19 feet (to pavement) and 27 feet (to building), a building height of 36.5 feet, and 25 parking spaces as a Comprehensive Infill Redevelopment Project under the provisions of Community Development Code (CDC) Section 2- 1304.C. and a reduction to the landscape buffer along the rear (east) property line from five feet to zero feet, a reduction of the landscape buffer along the side (north) property line from five feet to zero feet, a reduction of the landscape buffer along the side (west) property line from five feet to zero feet, a reduction to the landscape buffer along the side (south) setback from five feet to zero feet and a reduction to required interior landscape area from 10 percent to zero percent, as a Comprehensive Landscape Program, under the provisions of CDC Section 3-1202.G. CURRENT ZONING: Industrial, Research and Technology (IRT) District CURRENT FUTURE LAND USE CATEGORY: Industrial Limited (IL) PROPERTY USE: Current Use:Wholesale/Distribution/Warehouse and Manufacturing (Chemical Plant) Proposed Use: Wholesale/Distribution/Warehouse and Manufacturing (Chemical Plant) Community Development Board – September 15, 2009 FLD2009-06020 – Page 1 of 8 EXHIBIT: STAFF REPORT FLD2009-06020 2009-09-15 EXISTING North: Light Manufacturing and Industry District (County) SURROUNDING Wholesale/Distribution/Office ZONING AND USES: South: Industrial/Research and Technology (IRT) District Manufacturing/Office East: Light Manufacturing and Industry District (County) Wholesale/Distribution/Manufacturing West: Industrial/Research and Technology (IRT) District Manufacturing/Office ANALYSIS: Site Location and Existing Conditions: The 3.76 acre site is located on the east side of the terminus of Sunshine Drive approximately 290 feet south of the intersection of Logan Street and Sunshine Drive. The site is located within a highly developed area with a mix of manufacturing, light assembly, warehouse, industrial and office uses. The extreme southern edge of the parcel abuts a railroad right-of-way. The majority of the site is buffered with dense tree and understory growth. The existing site encompasses five buildings including an office, caustic bleaching area, bleach process control room, an acid packaging structure and a sulfuric acid area. Additionally, nine 25 foot tall storage tanks exist along with multiple metal storage units. The applicant manufactures, stores and distributes chlorine in both one and five gallon containers. Development Proposal: The proposal is to construct a 7,227 square foot tension fabric warehouse. Community Development Code (CDC) Sections 3-1202.A.3 and 3-1401.B.3 both require a site to come into compliance with the landscape and parking standards when an existing use is improved or remodeled in a value of 25 percent or more of the valuation of the principle structure as reflected on the property appraiser’s current records. The current valuation of the principal structures is $195,700 and the improvement is valued at $180,000 well exceeding the 25 percent threshold. Currently the applicant manufactures the chlorine and then stores it in the metal storage units. The construction of the tension fabric warehouse will allow the applicant to remove the majority of the metal storage units. Not only will the warehouse allow for the storage of the chlorine containers it will aid in meeting fire code requirements, homeland security requirements and state chemical guidelines. The proposed warehouse will be constructed on a four foot high knee wall with a total height of 36.5 feet. It is proposed to be white in color. No alterations or changes are proposed for any of the existing structures except for the aforementioned removal of the metal storage units. Floor Area Ratio (FAR): Pursuant to CDC Section 2-1301.1, the maximum allowable floor area ratio is 0.65. The proposal is in compliance with the above as it has a FAR of 0.07. Impervious Surface Ratio (ISR): Pursuant to CDC Section 2-1301.1, the maximum allowable ISR is 0.85. The overall proposed ISR is 0.47, which is consistent with the Code provisions. Community Development Board – September 15, 2009 FLD2009-06020 – Page 2 of 8 EXHIBIT: STAFF REPORT FLD2009-06020 2009-09-15 Minimum Lot Area and Width: Pursuant to CDC Section 2-1303, the minimum lot area for both manufacturing and wholesale/distribution/warehouse facility is 10,000 square feet. The overall existing site is 163,785 square feet of lot area. Pursuant to the same Table, the minimum lot width is 100 feet. The width of the lot along Sunshine Drive is 135 feet. It is noted that the frontage on Sunshine Drive is mainly for the ingress/egress drive and parking. The width of the lot at the entrance to the facility is over 340 feet wide. The proposal is consistent with these Code provisions. Minimum Setbacks: Pursuant to CDC Section 2-1303, the minimum front setback for both manufacturing and wholesale/distribution/warehouse facility is 20 feet, the minimum rear setback is 15 feet and the minimum side setback is 15 feet. The proposal includes a reduction to the side (west) setback from 15 feet to 10 feet (to existing pavement and building). The filing of a Comprehensive Infill Redevelopment application was required since there is no flexibility range regarding the wholesale/distribution/warehouse facility use. Regarding the adjacent property to the west, two buildings are located four and six feet from the respective property line. The requested reduction is consistent with the Comprehensive Infill Redevelopment provisions. All other setbacks exceed code requirements. Maximum Building Height: Pursuant to CDC Section 2-1303, the maximum building height is 50 feet. The proposed height of the tension fabric warehouse is 36.5 feet. The proposal is consistent with these Code provisions. Minimum Off-Street Parking: Pursuant to CDC Section 2-1303, the minimum required parking for both manufacturing and wholesale/distribution/warehouse facility is 1.5 spaces per 1,000 square feet of gross floor area. Based upon the above, the total 11,387 square feet of building area will require 17 parking spaces and the proposal has provided for 25. Sight Visibility Triangles: Pursuant to CDC Section 3-904.A, to minimize hazards at the driveways, no structures or landscaping may be installed which will obstruct views at a level between 30 inches above grade and eight feet above grade within 20-foot sight visibility triangles. No structures or landscaping is proposed within the site triangles. Solid Waste: The proposal will utilize an existing 600 square foot solid waste disposal area located at the northeast corner of the parcel. The proposal has been found to be acceptable by the City’s Solid Waste Department. Landscaping: Pursuant to CDC Section 3-1202.D.1, this site is required a 10-foot wide landscape buffer along Sunshine Drive. The proposal includes a 10-foot wide tiered landscape buffer along Sunshine Drive. The tiered effect of the proposed buffer will be more attractive than minimum code would otherwise require. This proposed landscape buffer will enhance the immediate vicinity of this highly developed industrial area. The proposal includes reductions to the landscape buffer along the rear (east) property line from five feet to zero feet; the side (north) property line from five feet to zero feet; the side (west) property line from five feet to zero feet; the side (south) setback from five feet to zero feet; and a reduction to required interior landscape area from 10 percent to zero percent. All sides and rear property lines are buffered with existing mature tree canopy and understory Community Development Board – September 15, 2009 FLD2009-06020 – Page 3 of 8 EXHIBIT: STAFF REPORT FLD2009-06020 2009-09-15 growth; thus, the proposed reductions to the required landscape buffers. Additionally this parcel is adjacent to a 50 foot railroad right-of-way to the south and to the east is a 50-75 foot retention area. Rather than trench for irrigation and disturb the existing natural buffer, the applicant has elected to request relief through the Comprehensive Landscape Program. Comprehensive Landscape Program: Pursuant to CDC Section 3-1202.G, the landscaping requirements contained within the Code can be waived or modified if the application contains a Comprehensive Landscape Program satisfying certain criteria. The following table depicts the consistency of the development proposal with those criteria: Consistent Inconsistent Architectural theme 1. : a. The landscaping in a comprehensive landscape program shall be designed as a N/A N/A part of the architectural theme of the principle buildings proposed or developed on the parcel proposed for development; or b. The design, character, location and/or materials of the landscape treatment X proposed in the comprehensive landscape program shall be demonstrably more attractive than landscaping otherwise permitted on the parcel proposed for development under the minimum landscape standards. Lighting: 2. Any lighting proposed as a part of a comprehensive landscape program is X automatically controlled so that the lighting is turned off when the business is closed. Community character: 3. The landscape treatment proposed in the comprehensive X landscape program will enhance the community character of the City of Clearwater. Property values 4. : The landscape treatment proposed in the comprehensive landscape X program will have a beneficial impact on the value of property in the immediate vicinity of the parcel proposed for development. Special area or scenic corridor plan: 5. The landscape treatment proposed in the N/A N/A comprehensive landscape program is consistent with any special area or scenic corridor plan which the City of Clearwater has prepared and adopted for the area in which the parcel proposed for development is located. Code Enforcement Analysis: There are no outstanding Code Enforcement issues. Community Development Board – September 15, 2009 FLD2009-06020 – Page 4 of 8 EXHIBIT: STAFF REPORT FLD2009-06020 2009-09-15 COMPLIANCE WITH STANDARDS AND CRITERIA: The following table depicts the consistency of the manufacturing and wholesale/distribution/warehouse facility use with the standards as per CDC Tables 2-1301.1 and 2-1303: Standard Proposed Consistent Inconsistent Maximum FAR 0.65 0.07 X Maximum ISR 0.85 0.47 X Minimum Lot Area 10,000 sq. ft. 163,785sq. ft. X Minimum Lot Width 100 feet 135 feet X Minimum Setbacks Front: 20 feet West: 67 feet (to pavement) X 1 Side: 15 feet West: 10 feet (to building) X South: 42 feet (to building) X North: 16 feet (to tanks) X Rear: 15 feet East: 19 feet (to pavement) X 27 feet (to building) Minimum 50feet 36.5 feet X Building Height Minimum 1.5 spaces per 1,000 sq ft GFA 2.20 spaces per 1000 sq ft GFA X Off-Street Parking (17 parking spaces) (25 parking spaces) 1 See analysis in staff report. Community Development Board – September 15, 2009 FLD2009-06020 – Page 5 of 8 EXHIBIT: STAFF REPORT FLD2009-06020 2009-09-15 COMPLIANCE WITH FLEXIBILITY CRITERIA: The following table depicts the consistency of the development proposal with the Flexibility criteria as per CDC Section 2-1304.C (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 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. Community Development Board – September 15, 2009 FLD2009-06020 – Page 6 of 8 EXHIBIT: STAFF REPORT FLD2009-06020 2009-09-15 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. 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 August 6, 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 3.76 acre site is located on the east side of the terminus of Sunshine Drive approximately 290 feet south of the intersection of Logan Street and Sunshine Drive; 2. That the subject property is located within the Industrial/Research and Technology (IRT) District and the Industrial Limited District (IL) Future Land Use Plan category; 3. That the existing use is proposed to be improved by a value of 25 percent or more of the valuation of the principal structure as reflected on the property appraiser’s current records. 4. That the proposal includes the construction of a tension fabric structure that meets setbacks; 5. That no changes or alterations are taking place with existing structures; 6. That a side (west) setback reduction is requested to 10 feet (from existing building); 7. That the existing site is buffered with tree canopy and understory growth; 8. The proposal includes reductions to the landscape buffers and interior landscape requirement; and 9. There are 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: Community Development Board – September 15, 2009 FLD2009-06020 – Page 7 of 8 EXHIBIT: STAFF REPORT FLD2009-06020 2009-09-15 1. That the development proposal is consistent with the Standards as per Tables 2-1301.1 and 2- 1303 of the Community Development Code; 2. That the development proposal is consistent with the Flexibility criteria as per Section 2- 1304.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. The development proposal is consistent with the Flexibility criteria as per Section 3-1202.G of Community Development Code. APPROVAL Based upon the above, the Planning Department recommends of the Flexible Development application to permit an expansion of an existing Manufacturing and Wholesale/Distribution/Warehouse facility in the Industrial, Research and Technology (IRT) District with a lot area of 163,785 square feet, a lot width of 135 feet, a front (west) setback of 67 feet (to pavement), a side (west) setback of 10 feet (to building), a side (south) setback of 42 feet (to building), a side (north) setback of 16 feet (to storage tanks) a rear (east) setback of 19 feet (to pavement) and 27 feet (to building), a building height of 36.5 feet, and 25 parking spaces as a Comprehensive Infill Redevelopment Project under the provisions of Community Development Code (CDC) Section 2-1304.C, and reductions to the landscape buffer along the rear (east) property line from five feet to zero feet; the side (north) property line from five feet to zero feet; the side (west) property line from five feet to zero feet; the side (south) setback from five feet to zero feet; and a reduction to required interior landscape area from 10 percent to zero percent, as a Comprehensive Landscape Program, under the provisions of Community Development Code Section 3-1202.G, with the following conditions: Conditions of Approval: 1. That landscape species and quantities be included on the landscape plan and provide a tiered effect in the front (west) landscape buffer prior to building permit; 2. That any future freestanding sign be a monument-style sign a maximum of six feet in height; and 3. inal design and color of the building be consistent with the plans approved by the CDB. The f 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 ?? Community Development Board – September 15, 2009 FLD2009-06020 – Page 8 of 8 EXHIBIT: STAFF REPORT FLD2009-06020 2009-09-15 S:\Planning Department\C D B\FLEX (FLD)\Pending Cases\Up For The Next CDB\Sunshine 1575 Brenntag (IRT) 2009.Xx - 9-15- 2009 CDB - SK\Staff Report - Brenntag2.Docx Community Development Board – September 15, 2009 FLD2009-06020 – Page 9 of 8 EXHIBIT: STAFF REPORT FLD 2009-07021 2009-09-15 CDB Meeting Date: September 15, 2009 Case Numbers: FLD2009-07021 Agenda Item: D.3. Owner/Applicant: Clearwater Yacht Club Inc. Representative: Jay Myers, Myers & Associates Architecture Address: 830 Bayway Boulevard CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT GENERAL INFORMATION: REQUEST: Flexible Development approval (1) to permit the upgrading and expansion of an existing social and community center in the Tourist (T) District with a lot area of 50,428 square feet, a lot width of 410 feet, a front (south) setback of six feet (to pavement), a side (east) setback of zero feet (to existing pavement), a side (west) setback of 14 feet (to existing shed), a rear (north) setback of zero feet (to pavement and tiki hut), a building height of 27.5 feet (to midpoint of roof) and 50 parking spaces, and (2) to permit outdoor storage (boats) in the Tourist (T) District as a Comprehensive Infill Redevelopment Project, under the provision of Community Development Code (CDC) Section 2-803.C. CURRENT ZONING: Tourist (T) District CURRENT FUTURE LAND USE CATEGORY: Resort Facilities High (RFH) BEACH BY DESIGN CHARACTER DISTRICT: Clearwater Pass District PROPERTY USE: Current Use:Social and Community Center Proposed Use: Social and Community Center EXISTING North: Preservation (P) District SURROUNDING Intracoastal Waterway ZONING AND USES: South: High Density Residential (HDR) District Attached Dwellings East: Tourist (T) District Attached Dwellings West: Tourist (T) District Attached Dwellings ANALYSIS: Site Location and Existing Conditions: The 1.15 acre subject property is located on the north side of Bayway Boulevard approximately 650 feet east of the intersection of Gulf Boulevard and Bayway Boulevard within the Beach by Design Clearwater Pass District. The site is occupied by the Community Development Board – September 15, 2009 FLD2009-07021 – Page 1 of 8 EXHIBIT: STAFF REPORT FLD 2009-07021 2009-09-15 Clearwater Yacht Club. Currently, inefficient angled parking exists with little landscaping and the loading and drop off area do not function well. The Clearwater Yacht Club was established in 1911 and is one of the original 13 member clubs of the Florida Council of Yacht Clubs. The proposed renovations are part of the 100-year anniversary celebration. The Club is home to youth sailing, sunfish sailing, yachting, cruising, regattas and many more. The Yacht Club is open Tuesday through Sunday all year. The dining room is open each day for lunch and dinner. To the west, south and east are attached dwellings. To the north is the intracoastal waterway, on which the existing docks are located. At its meeting of May 17, 2005, the CDB approved case FLD2005-01008, which called for raising the existing structure and constructing a new 18,500 square foot yacht club including offices, exercise rooms, restaurants and a parking garage structure. That proposal has since expired. Development Proposal: The current proposal has been significantly scaled down from the prior approval and is to construct a 512 square foot building addition, construct a porte cochere, reconfigure the parking lot, and landscape and screen the existing boat storage area. The building addition is proposed to address handicap accessibility issues with a new elevator and entranceway, and will be designed to match the existing facade. The current drop-off, pick-up area is elevated at approximately 10 feet above existing grade. The proposal is to have the drop-off area grade reduced to approximately four feet above existing grade. The current angle parking will be converted to perpendicular parking to improve circulation, emergency access and provide for three generous, 300 square foot, interior landscape islands. Additional improvements include foundation plantings and a large 15 foot wide landscape buffer to screen the existing boat storage area, which is located at the west side of the parcel. Floor Area Ratio (FAR): Pursuant to CDC Section 2-801.1, the maximum allowable FAR is 1.0. The proposal is in compliance with the above as it has a FAR of 0.21. Impervious Surface Ratio (ISR): Pursuant to CDC Section 2-801.1, the maximum allowable ISR is 0.95. The overall proposed ISR is 0.72, which is consistent with the Code provisions. Minimum Lot Area and Width: Pursuant to CDC Table 2-802, the minimum lot area for social and community centers can range between 5,000 – 10,000 square feet. The overall existing site is 50,428 square feet of lot area. Pursuant to the same Table, the minimum lot width for social and community centers can range between 50 – 100 feet. The existing lot width is 410 feet. The proposal is consistent with these Code provisions. Minimum Setbacks: Pursuant to CDC Table 2-802, the minimum front setback for social and community centers can range between 10 – 15 feet, the minimum rear setback can range between 10 – 20 feet and the minimum side setback can range between 0 – 10 feet. The proposal includes reductions to the front (south) setback from 15 feet to six feet (to proposed pavement), the side (east) setback from 10 feet to zero feet (to existing pavement) and the rear (north) setback from 20 feet to zero feet (to existing pavement and tiki hut). The side (east) setback is within the flexibility range while the front (south) Community Development Board – September 15, 2009 FLD2009-07021 – Page 2 of 8 EXHIBIT: STAFF REPORT FLD 2009-07021 2009-09-15 and rear (north) are not within the flexibility range thus the filing of a Comprehensive Infill Redevelopment Application. With regard to the existing development, the current front (south) setback is four feet to pavement. The current four feet setback is sparsely landscaped. While the proposed setback to pavement is only two feet more, six feet total, it is an improvement and will allow some accent and palm trees to be installed. The existing side (east) and rear (north) setback of zero feet to pavement has been such for many years. In neither case is there the opportunity to remove pavement. The existing tiki hut was constructed to a zero foot setback without permits, and as such a condition of approval is that proper permits are obtained for the tiki hut prior to issuance of any building permits for the other improvements proposed for the building and site, and that no Certificate of Occupancy be issued for these improvements until a Certificate of Occupancy is issued for the tiki hut. Maximum Building Height: This site is located within the Clearwater Pass District of Beach by Design, which is silent with regard to allowable height. CDC Table 2-802 allows a height range between 35 feet – 50 feet. The addition is proposed at 27.5 feet, below the allowable range, and thus consistent with Code requirements. Minimum Off-Street Parking: Pursuant to CDC Table 2-802, the minimum required parking for social and community centers is between four to five parking spaces per 1,000 square feet of gross floor area. The proposed 11,012 square feet of gross floor area would require 55 parking spaces at five spaces per 1,000 square feet. At four spaces per 1,000 square feet of gross floor area the parking requirement would be 44 spaces. The proposal includes 50 parking spaces including two code compliant handicap spaces, which results in 4.54 parking spaces per 1,000 square feet of gross floor area. To substantiate the requested parking reduction, the applicant has provided a parking demand study that indicates the peak hours during the week are from 8PM – 9PM and on the weekend from 7PM – 10PM. Generally the week day load is 25 cars (50 percent capacity) and during the weekend the load is 30 cars (60 percent capacity). When the club hosts regattas and formal occasions demanding increased parking requirements, patrons are shuttled from the Clearwater Sailing Center through and existing parking agreement. 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. Any new mechanical equipment will be located on the roof and screened by the mansard wall. An existing transformer is being relocated and that will be screened by landscape material. Sight Visibility Triangles: Pursuant to CDC Section 3-904.A, to minimize hazards at the driveways, no structures or landscaping may be installed which will obstruct views at a level between 30 inches above grade and eight feet above grade within the 20-foot sight visibility triangles. All proposed landscape material 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 Community Development Board – September 15, 2009 FLD2009-07021 – Page 3 of 8 EXHIBIT: STAFF REPORT FLD 2009-07021 2009-09-15 underground unless such undergrounding is not practicable. Electric and communication lines will be installed underground on-site in compliance with this requirement. Landscaping: Pursuant to CDC Section 3-1202.D, there are no perimeter buffers required in the Tourist District; however the applicant has proposed a 6 - 10 foot landscape buffer adjacent to the off-street parking as well as a 15 foot buffer in front of the boat storage area. The buffers will be planted with palms including sabal palmetto and washingtonia. Along with the palms will be multiple species of shrubs and groundcover. The addition of landscape buffers will provide enhanced landscape design. Pursuant CDC Section 3- 1202.E, ten percent of the vehicular use area must be landscaped with interior islands a minimum of 150 square feet in size and with foundation plantings provided along 100 percent of any building façade facing a street right-of-way. The proposal provides 10.12 percent of the vehicular use area as landscape islands. As discussed previously three of the proposed landscape islands contain over 300 square feet of planting area. This generous amount of space will allow the proposed shade trees to provide canopy over the asphalt surface. Lastly, foundation plantings with sabal palms and various species of shrubs and groundcover have been provided for not only on the street right-of-way but also the building façade facing the parking lot. Solid Waste: The proposal will utilize the existing dumpster pad and enclosure. The proposal has been found to be acceptable by the City’s Solid Waste Department. Additional Applicable Beach by Design Guidelines: Section VII.D.1 requires the area between the building and the right-of-way to be 12 feet in width to create a pedestrian- friendly environment. The proposed addition will be 37 feet from the right-of-way. Section VII.F requires all surface parking areas to be landscaped so that the view of such parking facilities from public roads, sidewalks and other places defined by landscape material instead of asphalt. As discussed above, a 6 – 10 foot wide landscape buffer has been provided to screen the surface parking area from the road and sidewalk. Section VII.L.4 provides a recommended color palette. The existing building colors are gray, white and blue. The roof is a concrete barrel tile that is gray and light blue in color. The proposed addition will be constructed to match the existing building. The colors have been found to be acceptable. Community Development Board – September 15, 2009 FLD2009-07021 – Page 4 of 8 EXHIBIT: STAFF REPORT FLD2009-08028 2009-09-15 CDB Meeting Date: September 15, 2009 Case Number: FLD2009-08029 Agenda Item: D. 4. Owner / Applicant: Jade Group Address: 1255 Cleveland Street CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT GENERAL INFORMATION: REQUEST: Flexible Development application to permit a change of use from office to educational facilities for a 15,212 square foot portion of an existing building within the Downtown (D) District with 129 off-street parking spaces as a Comprehensive Infill Redevelopment Project under the provisions of Community Development Code Section 2-903.C, as well as a Termination of Status as a Nonconformity for the existing building height of 87 feet where a height of 50 feet is permissible under current code, as per Community Development Code Section 6-109. CURRENT ZONING: Downtown (D) District CURRENT FUTURE Central Business District (CBD) LAND USE CATEGORY: PROPERTY USE: Current Use:Offices Proposed Use: Offices / Educational Facilities EXISTING North: Downtown (D) District SURROUNDING Overnight Accommodations (discontinued); and ZONING AND USES: Animal Grooming / Boarding South: Medium Density Residential (MDR) & Office (O) Districts Offices; Detached Dwelling; and Vacant Lots East: Downtown (D) District Offices West: Downtown (D) District Retail Sales and Services; and Restaurants ANALYSIS: Site Location and Existing Conditions: The 1.685-acre subject property is located within the Downtown (D) District at the southeast corner of Cleveland Street and Lincoln Avenue, which is within the East Gateway character district of the Clearwater Downtown Redevelopment Plan. The site is currently developed with a 37,298 square foot, five-story office building, as well as an 85-space off-street parking area. In addition, there is a 44-space auxiliary off-street parking lot that is located approximately 300 feet southwest of the subject property. Community Development Board – September 15, 2009 FLD2009-08029 – Page 1 EXHIBIT: STAFF REPORT FLD2009-08028 2009-09-15 Development Proposal: On August 12, 2009, a Comprehensive Infill Redevelopment Project application was submitted for the subject property. The application proposes to convert 15,212 square feet of existing office space within the building into an educational facility use. The existing office building and off-street parking area are proposed to remain unchanged. Maximum Building Height: Pursuant to the Clearwater Downtown Redevelopment Plan, the maximum allowable height within the East Gateway character district is 50 feet. The existing building has a nonconforming height of 87 feet, for which a request for Termination of Status of Nonconformity as been made, and is discussed later in this report. Minimum Off-Street Parking: The existing office building has a total of 85 off-street parking spaces on-site with an additional 44 spaces located at an auxiliary lot approximately 300 feet to the southwest for a total of 129 spaces. The building is totally comprised of office space, some of which is presently vacant, and requires a total of 112 off-street parking spaces. Educational facilities are required to provide four spaces per 1,000 square feet of gross floor area (office uses are only required 3/1,000). As such, the proposed change of use for the 15,212 square foot tenant space would increase the off-street parking requirement by an additional 15.212 spaces for a total requirement of 127 spaces, which can be met by the total number of off- street parking spaces available on site as well as within the auxiliary parking lot. Comprehensive Infill Redevelopment Project Criteria: Pursuant to CDC Section 2-903, the uses allowed within the Downtown (D) District are subject to the standards and criteria set forth in this Section. Among those criteria established for the review of Comprehensive Infill Redevelopment Projects is the following: 6. Flexibility with regard to use, lot width, required setbacks, height and off-street 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; ?? Community Development Board – September 15, 2009 FLD2009-08029 – Page 2 EXHIBIT: STAFF REPORT FLD2009-08028 2009-09-15 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. As previously noted, the proposal does not contain any changes to either the existing building or the off-street parking area, and while the proposal will meet some of the above criteria, it cannot meet others without being required to modify the existing architectural elevations of the building. However, to require such changes simply to accommodate a proposed change of use for an existing tenant space would be impractical and inappropriate. Termination of Status of Nonconformity: The development proposal includes a request for termination of status of nonconformity with regard to the existing building height of 87 feet where a maximum of 50 feet would otherwise be permitted under current code. The criteria for termination of status of nonconformity, as per CDC Section 6-109, includes compliance with perimeter buffer requirements, the provision of required landscaping for off-street parking lots and bringing nonconforming signs, lighting and accessory uses/structures into compliance with code. As the subject property is within the Downtown (D) District, there is no perimeter buffer requirement for the property. Also, the subject property does not consist of any nonconforming signage, lighting, accessory structures or uses. The remaining criterion will be met with this development proposal subject to the attached conditions of approval. Consistent Inconsistent 1. Perimeter buffers conforming to the requirements of CDC Section 3-1202.D shall be N/A N/A installed. 2. Off-street parking lots shall be improved to meet the landscaping standards established X in CDC Section 3-1202.E. 3. Any nonconforming sign, outdoor lighting or other accessory structure or accessory use X located on the lot shall be terminated, removed or brought into conformity with this development code. Clearwater Downtown Redevelopment Plan: The subject property is located within the East Gateway character district of the Clearwater Downtown Redevelopment Plan. The Clearwater Downtown Redevelopment Plan envisions the district as being a vibrant, stable, diverse neighborhood defined by its unique cultural base and mixed land uses. It will continue to be developed as a low and medium density residential neighborhood supported with neighborhood commercial and professional offices concentrated along the major corridors of Cleveland Street, Gulf-to-Bay Boulevard, Court Street and Missouri Avenue. The addition of the proposed educational facility, while not wholly consistent with the envisioned mix of uses within the East Gateway character district, is very similar in function to professional offices and will nonetheless result in the occupation of an existing office building within the district and should have no adverse affects upon the surrounding areas of the district. Community Development Board – September 15, 2009 FLD2009-08029 – Page 3 EXHIBIT: STAFF REPORT FLD2009-08028 2009-09-15 Visions, Goals, Objectives and Policies: A review of the Clearwater Downtown Redevelopment Plan was conducted and the following applicable Visions, Goals, Objectives and Policies were identified: Vision: Downtown Clearwater is a major center of activity, business and governments. The ?? proposed change of use will allow for the immediate use of an existing 15,212 square feet of presently vacant floor area within the office building. Based upon current tenant information, the building is approximately less than 50% occupied; therefore the existing development is not operating in accordance with the above Vision statement. The proposed change of use will generate new “traffic” that will help to stimulate the surrounding area and further this Vision statement. Vision: An adequate parking supply must be available coterminous with new uses. As ?? previously discussed under the Minimum Off-Street Parking analysis, the development proposal requires a total of 127 parking spaces and 129 parking spaces are presently provided between the on-site parking and auxiliary parking lot. Therefore, an adequate parking supply has been provided for and the project will be consistent with this Vision statement. 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. The development proposal will facilitate the relocation of an existing business into the downtown that will bring not only their employees (teachers) but also their customers (students) into the downtown on a daily basis. Based upon the above, the development proposal will be consistent with this Objective. East Gateway Character District Policies: A review of the East Gateway District Policies was conducted and no applicable policies were identified. Based upon the above and subject to the attached conditions of approval, the development proposal has been found to be in compliance with the policies governing development within the Clearwater Downtown Redevelopment Plan. COMPLIANCE WITH STANDARDS AND CRITERIA: The following table depicts the consistency of the development proposal with the standards and criteria as per CDC Section 2-803 and the Clearwater Downtown Redevelopment Plan: Standard Existing / Proposed Consistent Inconsistent F.A.R. 0.55 0.50 X 1 Maximum Building Height 50 feet 87 feet X Minimum Off-Street Parking 127 parking spaces 129 parking spaces X 1 See above discussions with regard to Maximum Building Height and Termination of Status of Nonconformity. Community Development Board – September 15, 2009 FLD2009-08029 – Page 4 EXHIBIT: STAFF REPORT FLD2009-08028 2009-09-15 COMPLIANCE WITH FLEXIBILITY CRITERIA: The following table depicts the consistency of the development proposal with the Flexibility criteria as per CDC Section 2-803.C (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. 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 above discussion with regard to Comprehensive Infill Redevelopment Project Criteria. Community Development Board – September 15, 2009 FLD2009-08029 – Page 5 EXHIBIT: STAFF REPORT FLD2009-08028 2009-09-15 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 September 3, 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 the 1.685-acre subject property is located at the southeast corner of Cleveland Street and Lincoln Avenue; 2. That the property is located within the Downtown (D) District and the Central Business District (CBD) future land use plan category; 3. That the property is subject to the requirements of the Clearwater Downtown Redevelopment Plan with regard to use as it is located within the East Gateway character district; 4. That the existing 87-foot tall building is presently nonconforming with respect to height, as current code only permits a maximum building height of 50 feet; and 5. That the proposal consists only of a change of use from office to educational facility for a portion of the existing office building. 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 Section 2-903; 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 Section 2-903.C; 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; Community Development Board – September 15, 2009 FLD2009-08029 – Page 6 EXHIBIT: STAFF REPORT FLD2009-08028 2009-09-15 4. That the development proposal has been found to be in compliance with the requirements for Termination of Status of Nonconformity as per CDC Section 6-109; and 5. That the development proposal has been found to be in compliance with the applicable provisions of the Clearwater Downtown Redevelopment Plan. APPROVAL Based upon the above, the Planning Department recommends of the Flexible Development application to permit a change of use from office to educational facilities for a 15,212 square foot portion of an existing building within the Downtown (D) District with 129 off-street parking spaces as a Comprehensive Infill Redevelopment Project under the provisions of Community Development Code Section 2-903.C, as well as a Termination of Status as a Nonconformity for the existing building height of 87 feet where a height of 50 feet is permissible under current code, as per Community Development Code Section 6-109, with the following conditions: Conditions of Approval: 1. That a landscape plan for the entire property must be submitted, and that said landscape plan must meet all of the requirements of Article 3, Division 12 of the Community Development Code. The landscape plan must be submitted and approved by the Planning Department, and any installation of landscape materials needed to comply with the approved plan/code must take place prior to the occupation of the building by the educational facility use; 2. That the existing multi-faced clock near the top of the building be repaired and restored prior to the occupation of the building by the educational facility use; 3. That prior to the issuance of any building permits, a Declaration of Unity of Title shall be recorded in the official records of Pinellas County that joins parcel numbers 15-29-15-38574- 002-0140 and 15-29-15-38574-002-0230, and that a copy of said recorded document is provided to the Planning Department; and 4. That this use (educational facility) shall be limited to a total of 15,212 square feet within the building, and that any desired enlargement of floor area shall require a new application for further review and approval by the CDB. Prepared by Planning Department Staff: __________________________________________ Robert G. Tefft, Development Review Manager ATTACHMENTS: Location Map; ?? Aerial Map; ?? Zoning Map; ?? Existing Surrounding Uses Map; and ?? Photographs of Site and Vicinity ?? S:\Planning Department\C D B\FLEX (FLD)\Pending cases\Up for the next CDB\Cleveland 1255 United Medical Academy (D) 2009.09 - CDB - RT\Staff Report 2009 09-15.docx Community Development Board – September 15, 2009 FLD2009-08029 – Page 7 EXHIBIT: STAFF REPORT FLD2009-08028 2009-09-15 Robert G. Tefft 100 South Myrtle Avenue Clearwater, Florida 33756 (727) 562-4539 robert.tefft@myclearwater.com PROFESSIONAL EXPERIENCE Development Review Manager ?? City of Clearwater, Clearwater, Florida August 2008 to Present Manage and supervise five planners and two land resource specialists. Represent the department at Community Development Board and City Council meetings, and the City at meetings of Pinellas Planning Council and Countywide Planning Authority as well as other public bodies as needed. Planner III ?? City of Clearwater, Clearwater, Florida June 2005 to August 2008 Performed technical reviews and prepared of staff reports for various land development applications. Organized data and its display in order to track information and provide status reports. Made presentations to various City Boards and Committees. Planner II ?? City of Clearwater, Clearwater, Florida May 2005 to June 2005 Performed technical reviews and prepared of staff reports for various land development applications. Organized data and its display in order to track information and provide status reports. Assistant Planner | Planner | Senior Planner ?? City of Delray Beach, Delray Beach, Florida October 1999 to May 2005 Performed technical reviews and prepared staff reports for land development applications such as, but not limited to: site plans, conditional uses, rezonings, land use amendments, and text amendments. Performed reviews of building permit applications. Organized data and its display in order to track information and provide status reports. Made presentations to various City Boards. Provided in-depth training to the Assistant Planner position with respect to essential job functions and continuous guidance. Provided information on land use applications, ordinances, land development regulations, codes, and related planning programs/services to other professionals and the public. EDUCATION Bachelor of Arts, Geography (Urban Studies), University of South Florida, 1999 ?? Community Development Board – September 15, 2009 FLD2009-08029 – Page 8 EXHIBIT: STAFF REPORT TA2009-08008 2009-09-15 CDB Meeting Date: September 15, 2009 Case Number: TA2009-08008 Ordinance Number: 8098-09 Agenda Item: E-1 CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT TEXT AMENDMENT REQUEST: Amendments to the Community Development Code – Ordinance No. 8098-09 INITIATED BY: City of Clearwater Planning Department BACKGROUND: City Council requested that staff prepare a text amendment adding the outdoor automobile, boat and recreational vehicle show use as a permitted temporary use. ANALYSIS: This amendment proposes a new use be added to the list of permitted temporary uses—outdoor automobile, boat, and recreational vehicle show use. This use will be allowed in the Commercial (C) District for up to four (4) days at a time, not more than four (4) times per year. Standards for this new temporary use are created by this ordinance. A summary of those standards appears below: ?? Properties must be a minimum of 75 contiguous acres in size; ?? A maximum of 48 hours for set-up and 48 hours for break-down will be allowed in addition to the Maximum Cumulative Allowable Time Period; ?? Products displayed at the show may be sold, regardless of the property’s primary use. The definition of “Temporary retail sales and displays” was originally proposed to be modified in the ordinance. However, this proposal is removed as shown in the attached motion to amend. Community Development Board – September 15, 2009 TA2009-08008 – Page 1 EXHIBIT: STAFF REPORT TA2009-08008 2009-09-15 CRITERIA FOR TEXT AMENDMENTS: Community Development Code Section 4-601 sets forth the procedures and criteria for reviewing text amendments. All text amendments must comply with the following: 1. The proposed amendment is consistent with and furthers the goals, policies and objectives of the Comprehensive Plan. A review of the Clearwater Comprehensive Plan identified the following Goal, Objective, and Policies which will be furthered by the proposed Code amendments: Policy A.6.1.6 Land use decisions in Clearwater shall support the expansion of economic opportunity, the creation of jobs and training opportunities as well as the maintenance of existing industries through establishment of enterprise zones, activity centers and redevelopment areas and by coordination with the Chamber of Commerce, Tourist Development Council and other economic development organizations and agencies. Findings The proposed amendments are consistent with the Comprehensive Plan because they allow for the expansion of economic opportunity. 2. The proposed amendment furthers the purposes of the Community Development Code and other City ordinances and actions designed to implement the Plan. The proposed text amendment will further the purposes of the Community Development Code in that it will be consistent with the following purposes set forth in Section 1-103: ?? Establish use limitations for specified uses consistent with the zoning district in which they are allowed and the particular characteristics of such specified uses (CDC Section 1- 103.E.10). Findings These amendments are consistent with the Community Development Code because they establish a temporary use that is consistent with the purpose and character of the Commercial (C) District. SUMMARY AND RECOMMENDATION: The proposed amendments to the Community Development Code are not inconsistent with the goals of the Clearwater Comprehensive Plan and the purposes of the Community Development APPROVAL Code. Based upon the above, the Planning Department recommends of Ordinance No. 8098-09 that amends the Community Development Code. Community Development Board – September 15, 2009 TA2009-08008 – Page 2 EXHIBIT: STAFF REPORT TA2009-08008 2009-09-15 Prepared by Planning Department Staff: __________________________________________ Cate Lee, Planner II ATTACHMENT: ??Ordinance No. 8098-09 ??Motion to Amend Ordinance No. 8098-09 on First Reading S:\Planning Department\Community Development Code\2009 Code Amendments\TA2009-08008 - Temporary Use\Staff Reports\Ordinance No 8098-09 CDB Staff Report 2009 09-10.Doc Community Development Board – September 15, 2009 TA2009-08008 – Page 3 EXHIBIT: STAFF REPORT FLD2009-07022 2009-09-15 CDB Meeting Date: September 15, 2009 Case Numbers: FLD2009-07022 Agenda Item: D.1. Owner/Applicant: Pssghetti’s III, LLC Representative: Bill Kimpton Address: 26200 U.S. Highway 19 N CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT GENERAL INFORMATION: REQUEST: Flexible Development approval to permit a restaurant in the Commercial (C) District with a lot area of 2.05 acres; a lot width along US Highway 19 of 414 feet and along Enterprise Road of 276 feet; a front (east) setback of 74 feet (to building), zero feet (to existing roadway pavement of US Highway 19 N exit ramp), 40 feet (to existing parking lot pavement), 46.87 feet (to courtyard patio) and 45 feet (to courtyard wall); a front (south) setback of 62 feet (to existing building), 10 feet (to existing pavement), 20 feet (to outdoor cafe patio) and 10 feet (to courtyard wall); a side (west) setback of 2.5 feet (to existing pavement); a side (north) setback of 7.5 feet (to existing pavement); a building height of 15.33 feet (to roof deck); and 87 on-site parking spaces (with an additional 73 off-site parking spaces shared with adjacent shopping center), as a Comprehensive Infill Redevelopment Project, under the provisions of Community Development Code (CDC) Section 2-704.C; and a reduction to the perimeter buffer along Enterprise Road from 15 to 10 feet (to existing pavement) and a reduction to the west side perimeter buffer from five to 2.5 feet (to existing pavement), as a Comprehensive Landscape Program, under the provisions of CDC Section 3-1202.G. CURRENT ZONING: Commercial (C) District CURRENT FUTURE LAND USE CATEGORY: Commercial General (CG) PROPERTY USE: Current Use:Restaurant (under remodeling construction) Proposed Use: Restaurant EXISTING North:Commercial (C) District SURROUNDING Retail Shopping Center ZONING AND USES: South:Commercial (C) District Retail sales and Restaurant East: Commercial (C) District Retail Shopping Center West: Commercial (C) District Restaurant and Retail Shopping Center ANALYSIS: Community Development Board – September 15, 2009 FLD2009-07022 –Page 1 of 11 EXHIBIT: STAFF REPORT FLD2009-07022 2009-09-15 Site Location and Existing Conditions: The 2.05 acres is located at the northwest corner of US Highway 19 and Enterprise Road. The site has been previously developed with a Rio Bravo Cantina Restaurant that closed for business in November 2003. The site is an outparcel of the adjacent shopping center. Shared access and parking spaces are part of the shopping center. The exit roadway from US Highway 19 N to Enterprise Road is located on the subject property through a 40-foot wide right-of-way access easement. Redevelopment of this property was commenced under Building Permit #BCP2007- 12191, issued February 18, 2008. Four plan amendments were issued, based solely on structural drawings, which changed the location of the restaurant entrance from the southeast to the northeast corner of the building. Complete revised architectural plans reflecting this revised restaurant entrance have recently been submitted under BCP2007-12191E for review for all trades, pending approval of this request by the Community Development Board. The applicant also discovered language in the recorded Declaration of Establishment of Protective Covenants, Conditions and Restrictions, and Grants of Easement that creates issues with attempting to meet the required Code setbacks, as approved under BCP2007-12191. The applicant has submitted this application in an effort to meet required setbacks where possible. Cody’s Restaurant is directly to the west of this restaurant, sharing a common driveway and drive aisle. Cody’s food take out pick up access location is on the west side of this site. The rest of the retail shopping center is to the west and north of the subject property. Additional retail sales establishments, restaurant and offices are located to the south across Enterprise Road. US Highway 19 N separates the subject property and the adjacent shopping center from other retail shopping centers on the east side of US Highway 19 N. Development Proposal: The proposal is to permit the proposed restaurant with a different parking and dining configuration than originally approved under BCP2007-12191, including an additional 515 square feet of floor area. The restaurant will be a total of 10,693 square feet of floor area. The restaurant entrance has been relocated to the northeast corner of the building to be closer to the accessory parking spaces to the north of the building. An outdoor waiting courtyard area is proposed on the east side of the building, to be surrounded by a six-foot high masonry wall to aid in buffering the views and noise of US Highway 19 N traffic. An outdoor café is proposed on the southeast and south sides of the restaurant, which will be similarly surrounded by a six-foot high masonry wall for privacy, noise reduction and elimination of vehicular views. Both the outdoor waiting courtyard and outdoor café areas will be landscaped on the inside and outside of the walls. A dumpster enclosure has been relocated to the west side of the building in a location for ease of truck pickup. An outdoor service area for the restaurant is proposed on the northwest corner of the building, in proximity to the kitchen area and the dumpster location, which will be enclosed with a 10-foot high masonry wall. The actual configuration of the outdoor service area wall may slightly change to place more landscaping outside of the wall, which will be reviewed at time of submission of an amendment to BCP2007-12191. The main driveway on Enterprise Road will continue to provide access to this proposed restaurant, Cody’s Restaurant to the west and the rest of the retail shopping center. This western north/south drive aisle will also continue to provide access to a driveway to US Highway 19 N directly north of the subject property. The exit roadway from US Highway 19 N to Enterprise Community Development Board – September 15, 2009 FLD2009-07022 –Page 2 of 11 EXHIBIT: STAFF REPORT FLD2009-07022 2009-09-15 Road will continue to be located on the east side of the subject property within the 40-foot wide right-of-way access easement, which will include some site landscaping. A total of 87 of the required 160 parking spaces will be located on the subject property, with the balance of 73 spaces shared with the shopping center to the west and north. Parking spaces are proposed to remain at their existing setback of 2.5 feet to pavement along the west side of the site, rather than the required 10-foot setback. Parking spaces are proposed to be relocated along the north property line from the existing five-foot setback to 7.5 feet, which is less than the required setback of 10 feet. Parking spaces are proposed on the south side of the site adjacent to Enterprise Road at a 10-foot setback, increased from the existing zero-foot front setback, but less than the required 25-foot setback. Setback reductions for the parking lot are requested on the west, south and north sides. The restaurant is one-story in height. The façade of the restaurant is of varying heights to emulate an Italian village. Exterior colors and details of the restaurant vary with the façade. Four main building colors are proposed: Golden Leaf, Retro Avocado, Tibetan Orange and Spiced Plum (it is noted that the color rendered elevations may not reflect the actual colors proposed). The outdoor service area wall is proposed with a stone façade. Originally, there were additional or divergent building colors proposed. Staff’s concern with the bold color scheme is compliance with CDC Section 3-910, which states “No building, or its projections and attachments, such as any sign or awning, shall be painted or otherwise finished with a predominant color which is garish, gaudy, loud, excessive, ostentatious or otherwise constitutes a glaring and unattractive contrast to surrounding buildings.” The applicant contends that the façade is attractive and will draw attention to the shopping center, hopefully providing additional customer traffic for the entire shopping center. There are no Design Guidelines for this area of the city other than CDC Section 3-910 for review of the building colors. The redevelopment of this site with the proposed restaurant as submitted will not impede the normal and orderly development and improvement of surrounding properties, including the adjacent Cody’s Restaurant and shopping center. Upgrading of this property may encourage redevelopment of other commercial properties within the surrounding area. Additionally, it does not appear that adjoining properties will suffer substantial detriment as a result of the proposed restaurant redevelopment. Floor Area Ratio (FAR): Pursuant to the Countywide Future Land Use Plan and CDC Section 2- 701.1, the maximum floor area ratio for properties with a designation of Commercial General (CG) is 0.55. Based on the 2.05 acres, a maximum of 49,138 square feet of commercial floor area is permissible under current regulations. The proposal is for 10,693 square feet, at a Floor Area Ratio of 0.12, which is consistent with the Code provisions. Impervious Surface Ratio (ISR): Pursuant to CDC Section 2-701.1, the maximum allowable ISR is 0.95. The proposed ISR is 0.54, which is consistent with the Code provisions. Minimum Lot Area and Width: Pursuant to CDC Table 2-704, the minimum lot area for restaurants can range between 3,500 – 10,000 square feet. The subject property is 89,342 square feet of lot area. Pursuant to the same Table, the minimum lot width for restaurants can range Community Development Board – September 15, 2009 FLD2009-07022 –Page 3 of 11 EXHIBIT: STAFF REPORT FLD2009-07022 2009-09-15 between 35 – 100 feet. The subject property has a lot width along US Highway 19 N of 414 feet and along Enterprise Road of 276 feet. The proposal is consistent with these Code provisions. Minimum Setbacks: Pursuant to CDC Table 2-704, the minimum front setback for restaurants can range between 15 – 25 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). These setbacks are being used as a guide, since this proposal is being processed as a Comprehensive Infill Redevelopment Project due to the front (south) setback proposed adjacent to Enterprise Road and the fact that the restaurant (through the shopping center) takes direct access to US Highway 19 N (a major arterial street). The proposal includes a front (east) setback from the US Highway 19 N property line of 74 feet (to building), zero feet (to existing roadway pavement of US Highway 19 N exit ramp), 40 feet (to existing parking lot pavement), 46.87 feet (to courtyard patio) and 45 feet (to courtyard wall). These front setbacks are tempered by the exit roadway from US Highway 19 N to Enterprise Road, which is located on the subject property through a 40-foot wide right-of-way access easement. The proposal also includes a front (south) setback from Enterprise Road property line of 62 feet (to existing building), 10 feet (to existing pavement), 20 feet (to outdoor cafe patio) and 10 feet (to courtyard wall). The south setback to pavement is acceptable as the setback is actually increased over the existing circumstance and the amount of visible landscaping is also similarly increased. The reduced front setback to the outdoor café patio will not be seen by the general public, as the six-foot high courtyard wall screens view of this outdoor café. Landscaping is provided on the outside of the wall, in conformance with Code provisions, for softening the effects of the wall in proximity to the property line. The proposal also includes a side (west) setback of 2.5 feet (to existing pavement). Under BCP2007-12191, the pavement was going to be cut back to the required 10-foot side setback; however, the applicant discovered language in the recorded Declaration of Establishment of Protective Covenants, Conditions and Restrictions, and Grants of Easement (Declaration) that creates issues with attempting to meet the required Code setbacks. The applicant has submitted this application in an effort to meet required setbacks where possible. Based on the requirements of the Declaration, the applicant has indicated that approval from the adjacent shopping center tenants and owners would be difficult, if not impossible, to obtain. The applicant has increased the amount and size of landscaping (height and caliper) proposed throughout the site to offset deficiencies at this location and along the north property line. While the west side of the property abuts another restaurant (Cody’s), this adjacent property also includes the stormwater retention area for the subject property and shopping center, which softens the built environment and parking areas. The proposal includes a side (north) setback of 7.5 feet (to existing pavement). Under BCP2007- 12191, the pavement along this property line was also going to be cut back to the required 10- foot side setback. The proposal increases the distance the existing pavement is located from the north property line from five feet to 7.5 feet. The minimum landscape buffer along this property line is five feet, which is being exceeded with this proposal (see Landscaping discussion below). Reconfiguration of the pavement in this area of the site also closes the drive aisle closest to US Highway 19 N, creates additional landscape area, increases the number of on-site parking spaces and eliminates a vehicular traffic conflict point. Overall, the setbacks to pavement as requested Community Development Board – September 15, 2009 FLD2009-07022 –Page 4 of 11 EXHIBIT: STAFF REPORT FLD2009-07022 2009-09-15 are acceptable to Planning staff and are consistent with the existing setbacks (to pavement) for the adjacent shopping center. Maximum Building Height: Pursuant to CDC Table 2-704, the maximum allowable height for restaurants can range between 25 – 50 feet. The proposed building is a building height of 15.33 feet (to roof deck), which is below the Code maximum. Parapet heights vary on the building, but do not exceed 25 feet in height. The proposal is consistent with these Code provisions. Minimum Off-Street Parking: Pursuant to CDC Table 2-704, the minimum required parking for restaurants can range between 7 – 15 parking spaces per 1,000 square feet. Based on 10,693 square feet of floor area, a minimum of 75 – 160 parking spaces is required. There are 87 parking spaces proposed on-site, with 73 parking spaces on the shopping center site under the recorded shared parking agreement (total of 160 spaces). The restaurant entrance has been relocated to the northeast corner of the building to be closer to the accessory parking spaces to the north of the building. The provided parking appears adequate for this restaurant, the adjacent restaurant and the shopping center. The exit roadway from US Highway 19 N to Enterprise Road will continue to be located on the east side of the subject property within the 40-foot wide right-of-way access easement. The proposal continues to take driveway access from Enterprise Road at the same location as it has existed since the original restaurants and shopping center was constructed. The drive aisle just north of Enterprise Road is wider (31.83 feet) than the minimum 24 feet to provide for the turning movements for delivery and trash trucks that use this driveway. The off-site driveway to US Highway 19 N directly north of the north property line, as well as other driveways for the shopping center, will continue to provide access for customers of this restaurant to US Highway 19 N. Existing sidewalks within the rights-of-way and in the right-of-way access easement will remain. 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. The parapets surrounding the roof are of sufficient height to screen such views, based on building plans available under BCP2007-12191E. Sight Visibility Triangles: Pursuant to CDC Section 3-904.A, to minimize hazards at the driveways, no structures or landscaping may be installed which will obstruct views at a level between 30 inches above grade and eight feet above grade within 20-foot sight visibility triangles. The landscape plan indicates compliance with these requirements. 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 restaurant will be installed underground on-site in compliance with this requirement. Electric and communication panels, boxes and meters located on the exterior of the building must be painted the same color as the building. Community Development Board – September 15, 2009 FLD2009-07022 –Page 5 of 11 EXHIBIT: STAFF REPORT FLD2009-07022 2009-09-15 Landscaping: Pursuant to CDC Section 3-1202.D, 15-foot wide perimeter buffers are required along US Highway 19 N and Enterprise Road, whereas five-foot wide perimeter buffers are required along the north and west property lines. This proposal includes a reduction to the perimeter buffer along Enterprise Road from 15 to 10 feet (to existing pavement) and a reduction to the west side perimeter buffer from five to 2.5 feet (to existing pavement), as part of a Comprehensive Landscape Program. The reduction to the perimeter buffer along Enterprise Road occurs only where the four parking spaces are located, as the landscape buffer to the east is being provided on the outside and inside of the courtyard wall enclosing the outdoor café. This buffer is being increased over the existing buffer along this frontage. Plantings within this buffer will be greatly enhanced over the existing landscape material. The reduction to the perimeter buffer along the west property line reflects the present width to the existing pavement. A hedge will be re-established within this buffer. As part of the Comprehensive Landscape Program, due to the present width of this buffer, the applicant proposes to plant required trees in other locations of the site and in larger size to off-set this minimal planting area. This side of the property abuts the stormwater retention pond for the shopping center. There is some Brazilian pepper along Enterprise Road that must be removed prior to the issuance of a Certificate of Completion. This proposal complies with the minimum five-foot wide building foundation landscaping along US Highway 19 N and Enterprise Road, which will be planted with a viburnam and ixora hedging with blueberry flax lilly groundcover, together with cabbage palms. Landscaping is also being planted on the outside of the proposed courtyard walls, in accordance with Code requirements. The outdoor waiting courtyard area and outdoor café area are being heavily planted. This proposal complies with the interior landscape area requirements for the parking lot. In general, the site is being heavily landscaped with a variety of trees, shrubs and groundcovers, with turf only proposed along areas of the US Highway 19 N roadway. Landscape plantings will exceed minimum Code requirements, even with the proposed reductions to perimeter buffers, and in compliance with Comprehensive Landscape Program requirements. Solid Waste: The proposal includes a dumpster enclosure located on the west side of the restaurant, angled for ease of trash truck pickup from the main north/south drive aisle between this restaurant and Cody’s Restaurant to the west. The exterior of this dumpster enclosure will need to be painted the same color as the building. Signage: There exists a freestanding sign located on the northern portion of the site within a landscape island. It is unclear if this freestanding sign meets current Code requirements for sign area and sign height. If nonconforming to Code requirements, CDC Section 6-104.A requires this freestanding sign to be brought into compliance with current Code requirements. While this application is being processed as a Comprehensive Infill Redevelopment Project, the flexibility criteria for restaurants under CDC Section 2-704.M requires a monument-style freestanding sign a maximum of six feet in height unless a taller sign is approved through the Comprehensive Sign Program. Submitted building elevations indicate more than the permitted one attached sign. A Comprehensive Sign Program may allow more than one attached sign. Prior to the issuance of a Certificate of Completion for the restaurant, a Comprehensive Sign Program should be required to be submitted to bring the existing freestanding sign into compliance with Code requirements, Community Development Board – September 15, 2009 FLD2009-07022 –Page 6 of 11 EXHIBIT: STAFF REPORT FLD2009-07022 2009-09-15 where it would be designed as a monument-style sign matching the exterior materials and color of the building, and to deal with desired attached signage. 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 restaurant use with the standards as per CDC Tables 2-701.1 and 2-704: Standard Proposed Consistent Inconsistent Floor Area Ratio 0.55 0.12 X Impervious Surface 0.95 0.54 X Ratio Minimum Lot Area 3,500 – 10,000 sq. ft. 89,342sq. ft. X Minimum Lot Width 35 – 100 feet US Highway 19: 414 feet X Enterprise Road: 276 feet X 1 Minimum Setbacks Front: 15 – 25 feet East (US Highway 19 N): X 74 feet (to building), zero feet (to existing roadway pavement of US Highway 19 N exit ramp), 40 feet (to existing parking lot pavement), 46.87 feet (to courtyard patio) and 45 feet (to courtyard wall) 1 South (Enterprise Road): 62 X feet (to existing building), 10 feet (to existing pavement), 20 feet (to outdoor cafe patio) and 10 feet (to courtyard wall) 1 Side: 0 – 10 feet North: 7.5 feet (to existing X pavement) 1 West: 2.5 feet (to existing X pavement) Maximum Height 25 – 50feet 15.33 feet (to roof deck);25 X feet (to top of parapets) Minimum 7 – 15 spaces per 1,000 square 87 on-site parking spaces X Off-Street Parking feet (75 – 160spaces) (with an additional 73 off- site parking spaces shared with adjacent shopping center) (total of 160 spaces) 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 2-704.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. Community Development Board – September 15, 2009 FLD2009-07022 –Page 7 of 11 EXHIBIT: STAFF REPORT FLD2009-07022 2009-09-15 Consistent Inconsistent 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. 1 3. The development or redevelopment will not impede the normal and orderly X development and improvement of surrounding properties. 1 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 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. 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. Community Development Board – September 15, 2009 FLD2009-07022 –Page 8 of 11 EXHIBIT: STAFF REPORT FLD2009-07022 2009-09-15 Consistent Inconsistent 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 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. 1 See analysis in Staff Report. SUMMARY AND RECOMMENDATION: The Development Review Committee (DRC) reviewed the application and supporting materials at its meeting of August 6, 2009, and deemed the development proposal to be legally 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 2.05 acres is located at the northwest corner of US Highway 19 N and Enterprise Road; 2. The site has been previously developed with a Rio Bravo Cantina Restaurant that closed for business in November 2003; 3. The site is an outparcel of the adjacent shopping center; 4. The exit roadway from US Highway 19 N to Enterprise Road is located on the subject property through a 40-foot wide right-of-way access easement; 5. Redevelopment of this property was commenced under Building Permit #BCP2007-12191, issued February 18, 2008; 6. The recorded Declaration of Establishment of Protective Covenants, Conditions and Restrictions, and Grants of Easement, that this property must comply with, creates issues with attempting to meet the required Code setbacks (to pavement); 7. The restaurant entrance has been relocated from that originally approved under BCP2007- 12191 to the northeast corner of the building to be closer to the accessory parking spaces to the north of the building; 8. The proposal includes a front setback reduction from the south property line adjacent to Enterprise Road to the parking lot pavement; 9. The proposal includes side setback reductions to the north and west property lines for parking lot pavement, where the parking areas for the subject property is adjacent to other property within the shopping center; 10. The proposal includes reductions to perimeter buffer requirements along Enterprise Road and along the west property line; 11. Required parking of 160 spaces is provided on-site (87 spaces) and off-site (73 spaces) through a shared parking agreement with the adjacent shopping center; 12. The restaurant is one-story in height with a façade of varying heights to emulate an Italian village and a bold exterior color scheme; Community Development Board – September 15, 2009 FLD2009-07022 –Page 9 of 11 EXHIBIT: STAFF REPORT FLD2009-07022 2009-09-15 13. There exists a freestanding sign located on the northern portion of the site within a landscape island that may be nonconforming to current Code requirements for sign area and sign height; and 14. 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 2-701.1 and 2- 704 of the Community Development Code; 2. That the development proposal is consistent with the Flexibility criteria as per Section 2- 704.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. The proposal is compatible with the adjacent land uses. APPROVAL Based upon the above, the Planning Department recommends of the Flexible Development application to permit a restaurant in the Commercial (C) District with a lot area of 2.05 acres; a lot width along US Highway 19 of 414 feet and along Enterprise Road of 276 feet; a front (east) setback of 74 feet (to building), zero feet (to existing roadway pavement of US Highway 19 N exit ramp), 40 feet (to existing parking lot pavement), 46.87 feet (to courtyard patio) and 45 feet (to courtyard wall); a front (south) setback of 62 feet (to existing building), 10 feet (to existing pavement), 20 feet (to outdoor cafe patio) and 10 feet (to courtyard wall); a side (west) setback of 2.5 feet (to existing pavement); a side (north) setback of 7.5 feet (to existing pavement); a building height of 15.33 feet (to roof deck); and 87 on-site parking spaces (with an additional 73 off-site parking spaces shared with adjacent shopping center), as a Comprehensive Infill Redevelopment Project, under the provisions of Community Development Code (CDC) Section 2-704.C; and a reduction to the perimeter buffer along Enterprise Road from 15 to 10 feet (to existing pavement) and a reduction to the west side perimeter buffer from five to 2.5 feet (to existing pavement), as a Comprehensive Landscape Program, under the provisions of CDC Section 3-1202.G, with the following conditions: Conditions of Approval: 1. That revised site and building plans be submitted as amendments to Building Permit #BCP2007-12191, consistent with the final design and color of the building approved by the CDB; 2. That, prior to the issuance of an amended site plan permit under BCP2007-12191, permits be obtained from the Florida Department of Transportation for all work proposed within the US Highway 19 N right-of-way or in the right-of-way access easement adjacent thereto; 3. That the exterior of this dumpster enclosure be painted the same color as the building; 4. That electric and communication panels, boxes and meters located on the exterior of the building be painted the same color as the building; 5. That, prior to the issuance of a Certificate of Completion, a Comprehensive Sign Program be submitted for attached signage and to bring the existing freestanding sign into compliance with Code requirements and be designed as a monument-style sign to match the exterior material and color of the building; Community Development Board – September 15, 2009 FLD2009-07022 –Page 10 of 11 EXHIBIT: STAFF REPORT FLD2009-07022 2009-09-15 6. That, prior to the issuance of a Certificate of Completion, the increased quantities and size of landscape materials (height and caliper) be planted, in accordance with the landscape plan submitted with this application; 7. That Brazilian pepper along Enterprise Road be removed prior to the issuance of a Certificate of Completion; 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\US Hwy 19 N 26200 Pssghetti's (C) 2009.0x - 9.15.09 CDB - WW\US Hwy 19 N 26200 Staff Report.doc Community Development Board – September 15, 2009 FLD2009-07022 –Page 11 of 11 EXHIBIT: STAFF REPORT APP2009-00005 2009-09-15 CDB Meeting Date: September 15, 2009 Case Number: APP2009-00005 Agenda Item: F.1. Appellant/Owner: Thomas Evans Agent: Thomas Evans Address: 1932 Hastings Drive 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 (CDC) Section 4-501.A.3, that a requested pool and deck location is inconsistent with the Accessory Use/Structures standards as set forth in CDC Section 3-201.B.4. CURRENT ZONING: Low Medium Density Residential (LMDR) District CURRENT FUTURE LAND USE CATEGORY: Residential Urban (RU) PROPERTY USE: Current Use:Detached Dwelling Proposed Use: Detached Dwelling EXISTING North: Low Medium Density Residential (LMDR) District SURROUNDING ZONING Detached Dwelling AND USES: South: Low Medium Density Residential (LMDR) District Detached Dwelling East: Low Medium Density Residential (LMDR) District Detached Dwelling West: Low Medium Density Residential (LMDR) District Detached Dwelling BACKGROUND: The subject parcel comprises 0.20 acres and is located at the northeast corner of Hastings Lane and Barrington Drive. On June 30, 2009, a Flexible Standard Development (FLS) application was submitted requesting approval to permit a swimming pool and decking at a detached dwelling in the Low Medium Density Residential (LMDR) District with a reduction to the front (west) setback from 25 feet to 10.4 feet as a Residential Infill Project under the provisions of Community Development Code (CDC) Section 2-203.C. It should be noted that this request was previously approved through FLS2007-04020; however this approval expired on July 05, 2008 without a building permit application being submitted. Community Development Board – September 15, 2009 APP2009-00005– Page 1 of 3 EXHIBIT: STAFF REPORT APP2009-00005 2009-09-15 The approval should not have been granted as pursuant to CDC Section 3-201.B.4, accessory structures must be located behind the front edge of the principal structure. The request was not consistent with this provision as a portion of the accessory structure (pool and decking) was to be located in front of the front edge of the principal structure. After review of the current application (FLS2009-06010), staff agreed with the above determination and issued a development order denying the application, based upon the following findings of fact and conclusion of law: Findings of Fact: 1. That the subject 0.195 acres is located at the northeast corner of Hastings Lane and Barrington Drive; 2. That the subject property is located within the Low Medium Density Residential (LMDR) District and the Residential Urban (RU) Future Land Use Plan category; 3. That there are no active Code Enforcement violations associated with the subject property; and 4. That the request includes allowing a portion of the proposed accessory structure (pool and decking) to be located between the principal structure and right-of-way (Barrington Drive). Conclusion of Law: 1. That pursuant to CDC Section 3-201.B.4, the accessory structure must be located behind the front edge of the principal structure. This request is not consistent with this provision as a portion of the accessory structure (pool and decking) is to be located in front of the front edge of the principal structure. An appeal from the above Level One (Flexible Standard Development) decision was filed by the property owner on August 14, 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 Community Development Board – September 15, 2009 APP2009-00005– Page 2 of 3 EXHIBIT: STAFF REPORT APP2009-00005 2009-09-15 3. The decision of the CDB will not be detrimental to the public health, safety and general welfare. Prepared by: Planning Department Staff: ________________________________ Matthew Jackson, Planner II ATTACHMENTS: ??Development Order Issued on August 12, 2009 ??Aerial Photograph of Site and Vicinity ??Location Map ??Future Land Use Map ??Zoning Atlas Map ??Site Photos ??Resume S:\Planning Department\C D B\Appeals\Hastings 1932 Evans (LMDR) 2009.09 - MJ\Hastings 1932 Appeal Staff Report 8.21.2009.doc Community Development Board – September 15, 2009 APP2009-00005– Page 3 of 3 EXHIBIT: STAFF REPORT APP2009-00005 2009-09-15 Matthew Jackson 100 South Myrtle Avenue Clearwater, Florida 33756 (727) 562-4836 matthew.jackson@myclearwater.com PROFESSIONAL EXPERIENCE Planner II ?? City of Clearwater, Clearwater Florida October 2008 to Present Regulate growth and development of the City in accordance with land resource ordinances and regulations related to community development. Landscape plan review including: conceptual, and variance. Reviews and analyzes site plans and conducts field studies to determine the integrity of development plans and their compatibility with surroundings. Interdepartmental and zoning assistance. Respond as a City representative to citizens, City officials, and businesses concerning ordinances and regulations. Make recommendations and presentations at staff level at various review committees, boards, and meetings. Planner I ?? Calvin-Giordano and Associates, Fort Lauderdale, Florida May 2005 to December 2007 Project manager for various development applications such as plat, site plan, rezoning and variances. In-depth government agency, in-house and client coordination to ensure that the projects maintained submittal schedules stayed within budget constraints and attained approval. Schedule and lead project kick-off meetings, ensure municipal project conditions were resolved, produce supporting documents and make site visits as well. Research and prepare due diligence reports including subject matter such as zoning, land uses, densities, available public utilities and land development costs. Member of emergency mitigation committee formed to prepare and mitigate for natural or man-made disasters affecting Calvin, Giordano and Associates and local municipalities. Manager ?? Church Street Entertainment, Orlando, Florida September 1999 to February 2004 Supervised and managed daytime and nighttime operations of a bar and nightclub entertainment complex including 100+ staff. Conducted hiring and training operations including security and inventory control. Managed and reconciled nightly gross revenues as well as preparing and delivering deposits. Assisted in taking inventory and preparing weekly inventory orders, marketing and special events. Linguist ?? US Army, Fort Campbell, KY October 1991 to October 1995 Maintain fluency in the Arabic language and knowledge of customs and culture as well as military readiness for possible deployments or training operations. Co-managed intelligence gathering operation in Haiti including coordination between multiple Special Forces units and civilian authorities. Interpreter between U.S. and Egyptian soldiers during training exercises. Liaison between Special Forces battalions to coordinate certification training. EDUCATION Master of Arts, Urban and Regional Planning, Florida Atlantic University, 2007 ?? Bachelor of Arts, Urban and Regional Planning, Rollins College, 2004 ?? Community Development Board – September 15, 2009 APP2009-00005– Page 4 of 3 ; Clearwater u 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 September 15, 2009 September 10, 2009 CDB packets being distributed on contain the following items: Agenda Site investigation form Unapproved minutes of previous meeting August 18,2009 Level Two Applications (Items: 1-4) 1. Case: FLD2009-07022 - 26200 U.S. Highway 19 N Yes No)( . 2. Case: FLD2009-06020 - 1575 Sunshine Drive Yes No)(' t' 3. Case: FLD2009-07021 - 830 Bayway Boulevard Yes No )(" / 4. Case: FLD2009-08029 - 1255 Cleveland Street Yes No X Level Three Applications (Item: 1) 1. Case: T A2009-08008 Amendments to the Community Development Code Yes No ~ I S:IPlanning DepartmentlC D BIAgendas DRC & CDBICDBI2009109 September 15, 200911 Cover MMO 09. 15.2009.docx , CONSIDERATION OF APPEAL (Item 1): 1. Case: APP2009-00005 - 1932 Hastings Lane Yes No ~ / Signature: erties. I have conducted a Date: W..;/o, ~Y'(AA 'Ea.Y' ~<2r PRINT NAMr- S.IPlanning DepartmentlC D BIAgendas DRC & CDBICDB\2009\09 September 15. 200911 Cover MMO 09.15.2009docx ~ Clearwater u 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 September 15,2009 September 10, 2009 CDB packets being distributed on contain the following items: Agenda Site investigation form Unapproved minutes of previous meeting August 18,2009 Level Two Applications (Items: 1-4) 1. Case: FL~ ^7022 - 26200 U.S. Highway 19 N Yes JLUU~ No D~~ ~~ 2. Case: FLD200'~06020 - 1575 Sunshine Drive . ~s ~ No 3. Case: FLD2009-07021 - 830 Baywa~ulevard Yes No J~~ "'- 4. Case: FLD2009-...08029 ~ 1255 Cleveland Street Yes ~ No +-~ Level Three Applications (Item: 1) 1. Case: T A2009-08008 Amendments to the Community Development Code Yes No SIPlanning DepartmentlC D BIAgendas DRC & CDB\CDBI2009\09 September 15,2009\1 Cover MMO 09. 15.2009.docx CONSIDERATION OF APPEAL (Item 1): _s,~~ 'J- c,~~ ~Y' fry 1. Case: AP\t?009-00005 - 1932 Hastings Lane Yes .~~ No s Sig7J;,L VVl If PRINT NAME Date: ~ f ! Y. 0 9 C/)--R to uc (~ S.\Planning Department\C D BlAgendas DRC & CDB \ CDB \2009 109 September 15, 2009\1 Cover MMO 09.15.2009.docx " , ~ Clearwater u 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 September 15,2009 September 10, 2009 CDB packets being distributed on contain the following items: Agenda Site investigation form Unapproved minutes of previous meeting August 18, 2009 Level Two Applications (Items: 1-4) 1. Case: FLD2009-07022 - 26200 U.S. Highway 19 N Yes J<~ No 2. Case: FLD2009-06020 - 1575 Sunshine Drive Yes ~ No 3. Case: FLD2009-0702l ~ 830 Bayway Boulevard Yes=--rx No 4. Case: FLD2009~29 - 1255 Cleveland Street Yes No - Level Three Applications (Item: 1) 1. Case: T A2009-08008 Amendments to the Community Development Code Yes No S.\Planning DepartmentlC D BIAgendas DRC & CDBICDB\2009109 September 15. 2009\1 Cover MMO 09.15.2009.docx CONSIDERATION OF APPEAL (Item 1): 1. Case: AP~009-00005 - 1932 Hastings Lane Yes ~. No Date: Signature: ...., F~<::. t- l -P~-"1 Q-- PRINT NAME S:IPlanning DepartmentlC D B\Agendas DRC & CDBICDBI2009\09 September 15, 2009\1 Cover MMO 09. 15.2009.docx