Community Development Board Agenda - November 17, 2009, Revised 11-16-09:Clearwater
CONSENT AGENDA
COMMUNITY DEVELOPMENT BOARD
Date: Tuesday, November 17, 2009
Time: 1:00 p.m.
Place: 112 South Osceola Street, 3rd Floor,
Clearwater, Florida, 33756
(City Hall Council Chambers)
Revised 11/16/2009
Welcome the City of Clearwater Community Development Board (CDB) meeting. The City
strongly supports and fully complies with the Americans with Disabilities Act (ADA). Please
advise us at least 72 hours prior to the meeting if you require special accommodations. Assisted
listening devices are available. An oath will be administered swearing in all participants in
public hearing cases. If you wish to speak please wait to be recognized, then state and spell
your name and provide your address. Persons speaking before the CDB shall be limited to
three minutes unless an individual is representing a group in which case the Chairperson may
authorize a reasonable amount of time up to 10 minutes.
Kindly refrain from conducting private conversations, using beepers, cellular telephones, etc.
as they are distracting during the meeting.
Florida Statue 286.0105 states: Any person appealing a decision of this Board must have a
record of the proceedings to support such appeal. Community Development Code Section 4-
206 requires that any person seeking to: personally testify, present evidence, argument and
witness, cross-examine witnesses, appeal the decision and speak on reconsideration requests
should request parry status during the case discussion. Party status entitles parties to: personally
testify, present evidence, argument and witnesses cross-examine witnesses, appeal the decision
and speak on reconsideration requests.
If you have questions or concerns about a case, please contact the staff presenter from the
Planning and Development Department listed at the end of each agenda item at 727-562-4567.
http://www.clearwater-
fl.com/city_departments/planningwww.myclearwater.com/ og v/depts/planning
Cormnunity Development Board Consent Agenda -November 17, 2009 -Page 1 of 8
A. CALL TO ORDER, INVOCATION, PLEDGE OF ALLEGIANCE
B. ROLL CALL: Chair Fritsch, Vice Chair Coates, Members Adelson, Barker, Behar, Dame, DiPolito,
Alternate Member Carlough, City Staff
C. APPROVAL OF MINUTES OF PREVIOUS MEETING: October 20, 2009.
D. CONSENT AGENDA: The following cases are not contested by the applicant, staff,
neighboring property owners, etc. and will be approved by a single vote at the beginning of the
meeting (Items 1 -10):
1. Case: FLD2009-08026 - 300 Hamden Drive (including 301, 305, 309 and 315 Coronado Drive and a
portion of 316 Hamden Drive) (Related to DVA2009-00002, FLD2009-08027/DVA2009-00003 and
FLD2009-09036) Level Two Application
Owners: John Conti, Francesco Carriera, Agostino DeGiovanni as Co-Trustees of Tropicana Resort
Land Trust.
Applicant: Tropicana Resort Motels, LLC.
Agent: E.D. Armstrong III, Esquire, Johnson, Pope, Bokor, Ruppel & Burns, LLP (P.O. Box 1368,
Clearwater, FL 33757; phone: 727-461-1818; fax: 727-462-0365; email: eda(a~jpfirm.com).
Location: 1.106 acres located on the south side of Third Street between Coronado Drive and Hamden
Drive.
Atlas Page: 276A.
Zoning: Tourist (T) District.
Request: (1) Flexible Development approval to permit a 142-room overnight accommodation use,
3,900 square feet of retail sales floor area and 2,750 square feet of restaurant floor area in the Tourist
(T) District with a lot area of 48,190.53 square feet (1.106 acres), a lot width of 167 feet along
Hamden Drive, 220 feet along Third Street and 243.68 feet along Coronado Drive, a front (east)
setback along Hamden Drive of 9.3 feet (to building), 6.5 feet (to upper level balconies) and 13.8 feet
(to pavement), a front (north) setback along Third Street of 11.8 feet (to building), 6.7 feet (to upper
level balconies) and five feet (to patio), a front (west) setback along Coronado Drive of 16 feet (to
building), 12 feet (to upper level balconies) and 5.4 feet (to patio), a side (south and east) setback of
zero feet (to building and pavement adjacent to proposed Hotel B), a side (south) setback of 21 feet
(to building adjacent to Coronado Drive), a building height of 74.33 feet (from BFE to flat roof) and
82 feet (to top of architectural embellishments) and 182 parking spaces, as a Comprehensive Infill
Redevelopment Project, under the provisions of CDC Section 2-803.C, and approval of a two-year
development order; and (2) Increase the permitted density by the allocation of 95 overnight
accommodation units from the Hotel Density Reserve created pursuant to Beach by Design.
Proposed Use: Overnight accommodation use of a total of 142 rooms (148.90 rooms/acre on net lot
acreage, including the allocation of 95 units from the Hotel Density Reserve), restaurant use of 2,750
square feet, retail sales use of 3,900 square feet (0.137 FAR for restaurant and retail sales uses based
on original lot square footage) and approximately 5,190 square feet of accessory uses to the hotel at a
height of 74.33 feet (to flat roof deck).
Neighborhood Association(s): Clearwater Beach Association and Clearwater Neighborhoods
Coalition.
Presenter: Wayne M. Wells, AICP, Planner III.
Cormnunity Development Board Consent Agenda -November 17, 2009 -Page 2 of 8
2. Case: DVA2009-00002 - 300 Hamden Drive (including 301, 305, 309 and 315 Coronado Drive and a
portion of 316 Hamden Drive) (Related to FLD2009-08026, FLD2009-08027/DVA2009-00003 and
FLD2009-09036) Level Three Application
Owners: John Conti, Francesco Carriera, Agostino DeGiovanni as Co-Trustees of Tropicana Resort
Land Trust.
Applicant: Tropicana Resort Motels, LLC.
Agent: E.D. Armstrong III, Esquire, Johnson, Pope, Bokor, Ruppel & Burns, LLP (P.O. Box 1368,
Clearwater, FL 33757; phone: 727-461-1818; fax: 727-462-0365; email: edam pfirm.com).
Location: 1.106 acres located on the south side of Third Street between Coronado Drive and Hamden
Drive.
Atlas Page: 276A.
Zoning: Tourist (T) District.
Request: Review of, and recommendation to the City Council, of a Development Agreement between
Agostino Digiovanni, Francesco Carriera and John Conti, as Co-Trustees of the Tropicana Resort
Land Trust (the property owners) and the City of Clearwater, providing for the allocation of units
from the Hotel Density Reserve under Beach by Design.
Proposed Use: Overnight accommodation use of a total of 142 rooms (148.90 rooms/acre on net lot
acreage, including the allocation of 95 units from the Hotel Density Reserve), restaurant use of 2,750
square feet, retail sales use of 3,900 square feet (0.137 FAR for restaurant and retail sales uses based
on original lot square footage) and approximately 5,190 square feet of accessory uses to the hotel at a
height of 74.33 feet (to flat roof deck).
Neighborhood Association(s): Clearwater Beach Association and Clearwater Neighborhoods
Coalition.
Presenter: Wayne M Wells, AICP, Planner III.
3. Case: FLD2009-08027 - 316 Hamden Drive (including a portion of 316 Hamden Drive and 326 and
330 Hamden Drive) (Related to DVA2009-00003, FLD2009-08026/DVA2009-00002 and FLD2009-
09036) Level Two Application
Owners: John Conti, Francesco Carriera, Agostino DeGiovanni as Co-Trustees of Tropicana Resort
Land Trust; and Flamingo Bay Condominium Developers, LLC.
Applicant: Tropicana Resort Motels, LLC.
Agent: E.D. Armstrong III, Esquire, Johnson, Pope, Bokor, Ruppel & Burns, LLP (P.O. Box 1368,
Clearwater, FL 33757; phone: 727-461-1818; fax: 727-462-0365; email: eda(a~jpfirm.com).
Location: 0.82 acres located on the west side of Hamden Drive approximately 200 feet south of Third
Street.
Atlas Page: 276A.
Zoning: Tourist (T) District.
Request: (1) Flexible Development approval to permit a 118-unit overnight accommodation use and
1,335 square feet of retail sales floor area in the Tourist (T) District with a lot area of 35,730.06
square feet (0.82 acres), a lot width of 312 feet along Hamden Drive, a front (east) setback along
Hamden Drive of 9.3 feet (to building), 6.5 feet (to upper level balconies) and ll feet (to pavement),
a side (south) setback of 10 feet (to building), a side (north) setback of zero feet (to building adjacent
to proposed Hotel A), a rear (west) setback of zero feet (to building adjacent to proposed Hotel A)
and 10.7 feet (to Hotel B building), a building height of 84 feet (from BFE to flat roof) and 99.5 feet
(to top of architectural embellishments) and 120 parking spaces, as a Comprehensive Infill
Redevelopment Project, under the provisions of CDC Section 2-803.C, and approval of a two-year
development order; and (2) Increase the permitted density by the allocation of 79 overnight
accommodation units from the Hotel Density Reserve created pursuant to Beach by Design.
Proposed Use: Overnight accommodation use of a total of 118 rooms (149.44 rooms/acre on net lot
acreage, including the allocation of 79 units from the Hotel Density Reserve), retail sales use of 1,335
square feet (0.037 FAR based on original lot square footage) and approximately 1,060 square feet of
accessory uses to the hotel at a height of 84 feet (to flat roof deck).
Neighborhood Association(s): Clearwater Beach Association and Clearwater Neighborhoods
Coalition.
Presenter: Wayne M Wells, AICP, Planner III.
Cormnunity Development Board Consent Agenda -November 17, 2009 -Page 3 of 8
4. Case: DVA2009-00003 - 316 Hamden Drive (including a portion of 316 Hamden Drive and 326 and
330 Hamden Drive) (Related to FLD2009-08027, FLD2009-08026/DVA2009-00002 and FLD2009-
09036) Level Three Application
Owners: John Conti, Francesco Carriera, Agostino DeGiovanni as Co-Trustees of Tropicana Resort
Land Trust and Flamingo Bay Condominium Developers, LLC.
Applicant: Tropicana Resort Motels, LLC.
Agent: E.D. Armstrong III, Esquire, Johnson, Pope, Bokor, Ruppel & Burns, LLP (P.O. Box 1368,
Clearwater, FL 33757; phone: 727-461-1818; fax: 727-462-0365; email: edam pfirm.com).
Location: 0.82 acres located on the west side of Hamden Drive approximately 200 feet south of Third
Street.
Atlas Page: 276A.
Zoning: Tourist (T) District.
Request: Review of, and recommendation to the City Council, of a Development Agreement between
Agostino Digiovanni, Francesco Carriera and John Conti, as Co-Trustees of the Tropicana Resort
Land Trust and Flamingo Bay Condominium Developers, LLC (the property owners) and the City of
Clearwater, providing for the allocation of units from the Hotel Density Reserve under Beach by
Design.
Proposed Use: Overnight accommodation use of a total of 118 rooms (149.44 rooms/acre on net lot
acreage, including the allocation of 79 units from the Hotel Density Reserve), retail sales use of 1,335
square feet (0.037 FAR based on original lot square footage) and approximately 1,060 square feet of
accessory use to the hotel at a height of 84 feet (to flat roof deck).
Neighborhood Association(s): Clearwater Beach Association and Clearwater Neighborhoods
Coalition.
Presenter: Wayne M. Wells, AICP, Planner III.
5. Case: FLD2009-09036 - 300 and 316 Hamden Drive (Related to FLD2009-08026/DVA2009-00002
and FLD2009-08027/DVA2009-00003) Level Two Application
Owners: John Conti, Francesco Carriera, Agostino DeGiovanni as Co-Trustees of Tropicana Resort
Land Trust and Flamingo Bay Condominium Developers, LLC.
Applicant: Tropicana Resort Motels, LLC.
Agent: Terri Skapik, Woods Consulting (1714 CR 1, Suite 22, Dunedin, FL 34698; phone: 727-786-
5747; fax: 727-786-7479; email terriskapik(a~woodsconsuhing.org).
Location: 1.926 total acres located on the east and west sides of Hamden Drive, directly south of
Third Street.
Atlas Page: 276A.
Zoning: Tourist (T) District.
Request: Flexible Development approval to permit a commercial dock in conjunction with proposed
hotels at 300 and 316 Hamden Drive for 18 slips totaling 2,592.7 square feet, under the provisions of
Section 3-601.C3, and approval of a two-year development order.
Proposed Use: Commercial dock for 18-slips.
Neighborhood Association(s): Clearwater Beach Association and Clearwater Neighborhoods
Coalition.
Presenter: Wayne M. Wells, AICP, Planner III.
Cormnunity Development Board Consent Agenda -November 17, 2009 -Page 4 of 8
6. Cases: FLD2009-09035/PLT2009-00002 -109 S. McMullen Booth Road Level Two Application
Owner/Applicant: Agostino DiGiovanni
Agent: Ronald Letize, (1928 Valencia Way, Clearwater FL, 33764; phone: 727-797-8972; fax: 727-
797-8928; email: ronletize(a~tampabay.rr.com).
Location: 0.595 acres located at the southeast corner of McMullen Booth Road and John's Parkway.
Atlas Page: 292A.
Zoning: Low Medium Density Residential (LMDR) District.
Request: Flexible Development approval to permit four attached dwellings in the Low Medium
Density Residential (LMDR) District, as a Residential Infill Project, under the provisions of Section
2-204.E.; and Preliminary Plat approval fora 4-lot subdivision for attached dwellings.
Proposed Use: Attached Dwellings.
Neighborhood Association(s): Clearwater Neighborhoods Coalition and Del Oro Groves Estates
Association.
Presenter: Matt Jackson, Planner II.
7. Case: DRI2009-00001 - 430 Park Place Boulevard Level Three Application
Owner: Glenborough Fund XII, LLC.
Applicant: Glenborough Park Place, LLC.
Agent: Randy Coen, Coen & Company (P.O. Box 10658, Tampa, FL 33679; phone: 813-877-7989;
fax: 813-877-7609; email: randy~a~coenconsulting com).
Location: 99.13 acres generally bordered by Drew Street on the north, Gulf-to-Bay Boulevard on the
south, Hampton Road on the east, and various properties that front on US Highway 19 N on the west.
Atlas Page: 291A.
Zoning: Commercial (C); Industrial, Research and Technology (IRT); Office (O); and Preservation
(P) Districts.
Request: To amend the previously approved development order for the Park Place Development of
Regional Impact (DRI) through the Notification of Proposed Change (NOPC) process to adopt a land
use conversion factor for Parcel 7 for the conversion of retail commercial development to office
development; allocate a total of 55,278 square feet of approved retail commercial development
potential to Parcel 7; allocate a total of 10,200 square feet of retail commercial development potential
to Parcel 9; and recognize the extension of the build-out and termination dates of the DRI until
December 31, 2011.
Existing Uses: Attached Dwellings, Manufacturing, Offices, Restaurants, and Retail Sales and
Services.
Neighborhood Association(s): Clearwater Neighborhoods Coalition.
Presenter: Robert G. Tefft, Development Review Manager.
Cormnunity Development Board Consent Agenda -November 17, 2009 -Page 5 of 8
8. Case: FLD2008-12033 - 619 S. Gulfview Boulevard (Related to DVA2008-00002)
Level Two Application
Owner/Applicant: William M. Shephard, Trustee.
Agent: Alex Azan, Keith Zayac & Associates (P.O. Box 1156, Safety Harbor, FL 34695; phone: 727-
793-9888; email: alexCa~keithzayac.com).
Location: 2.689 total acres (2.37 acres zoned Tourist District; 0.319 acres zoned Open
Space/Recreation) located on the south side of S. Gulfview Boulevard approximately 600 feet east of
Hamden Drive.
Atlas Page: 276A.
Zoning: Tourist (T) and Open Space/Recreation Districts.
Request: (1) Flexible Development approval to permit the redevelopment of an existing 96-unit
overnight accommodation use in the Tourist (T) District to a 186-unit overnight accommodation use
with a lot area of 2.37 acres (zoned T District), a lot width of 243 feet along S. Gulfview Blvd.
(north), a front (north) setback of 15 feet (to existing building), 11.2 feet (to proposed building), 6.5
feet (to proposed sidewalk) and 6.79 feet (to proposed pavement), a side (east) setback of 9.58 feet (to
existing waverunner accessory building) and 15.44 feet (to proposed building and decking), a side
(west) setback of zero feet (to existing building, pavement and decking), a rear (south) setback of 22
feet (to existing building), 59.25 feet (to proposed building) and aero feet (to existing/proposed patio
decking), a building height of 134 feet (to top of roof deck) and a total of 384 parking spaces (self-
park and valet in existing garage; valet-only in new garage), as a Comprehensive In~ll
Redevelopment Project, under the provisions of Section 2-803.C; and (2) Increase of the permitted
density by the allocation of 68 overnight accommodation units from the Hotel Density Reserve
created pursuant to Beach by Design.
Proposed Use: Overnight accommodation use of a total of 186 rooms (78.48 rooms/acre on lot
acreage zoned Tourist (T) District, including the allocation of 68 units from the Hotel Density
Reserve) and approximately 37,647 square feet of accessory uses to the hotel at a height of 134 feet
(to flat roof deck).
Neighborhood Association(s): Clearwater Beach Association and Clearwater Neighborhoods
Coalition.
Presenter: Wayne M Wells, AICP, Planner III.
9. Case: DVA2008-00002 - 619 S. Gulfview Boulevard (Related to FLD2008-12033)
Level Three Application
Owner/Applicant: William M. Shephard, Trustee.
Agent: Harry S. Cline, Esq., MacFarlane Ferguson & McMullen (P.O. Box 1669, Clearwater, FL
33757; phone: 727-441-8966; fax: 727-442-8470; email: hsc(a~macfar.com).
Location: 2.689 total acres (2.37 acres zoned Tourist District; 0.319 acres zoned Open
Space/Recreation District) located on the south side of S. Gulfview Boulevard approximately 600 feet
east of Hamden Drive.
Atlas Page: 276A.
Zoning: Tourist (T) and Open Space/Recreation (OS/R) Districts.
Request: Review of, and recommendation to the City Council, of a Development Agreement between
William M. Shephard, Trustee (the property owner) and the City of Clearwater, providing for the
allocation of units from the Hotel Density Reserve under Beach by Design.
Proposed Use: Overnight accommodation use of a total of 186 rooms (78.48 rooms/acre on lot
acreage zoned Tourist (T) District, including the allocation of 68 units from the Hotel Density
Reserve) and approximately 37,647 square feet of accessory uses to the hotel at a height of 134 feet
(to flat roof deck).
Neighborhood Association(s): Clearwater Beach Association and Clearwater Neighborhoods
Coalition.
Presenter: Wayne M Wells, AICP, Planner III.
Cormnunity Development Board Consent Agenda -November 17, 2009 -Page 6 of 8
10. Case: FLD2009-09033 -1225 S. Highland Avenue Level Two Application
Owner: O & P Investments of Tampa, Inc. and RLI Beneficial Acquisitions of Tampa, Inc.
Applicant: Pine Berry Senior Limited Partnership
Agent: David L. Bilyeu, P.E., Gulf Coast Consulting, Inc. (13825 Icot Boulevard, Suite 605,
Clearwater, FL 33760; phone: 727-524-1818; fax: 727-524-6090; email:
dbil. eu ~~ulfcoastconsultinginc.com).
Location: 322 acres located on the southeast corner of Highland Avenue and Barry Street.
Atlas Page: 307A.
Zoning: Commercial (C) District and High Density Residential (HDR).
Request: Flexible Development approval to permit attached dwellings in the High Density
Residential (HDR) District and Commercial (C) District with a lot area of 140,075 square feet, a lot
width of 166 feet (along Highland Avenue) and 627 feet (along Barry Street), a front (west) setback
of 289.3 feet (to porte-cochere) and 29.2 feet (to pavement), a front (north) setback of 26 feet (to
building) and 17.5 feet (to pavement), a side (south) setback of 22.8 feet (to building) and 8.3 feet (to
pavement), a side (west) setback of 30.3 feet (to building), a rear (south) setback of 134.1 feet (to
building), a side (east) setback of 24.7 feet (to building) and 16 feet (to pavement), a rear (south)
setback of five feet (to pavement), a side (west) setback of four feet (to pavement), a rear (south)
setback of 22 feet (to pavement) and a side (east) setback of 41.6 feet (to building) and five feet (to
pavement), a building height of 49 feet (to midpoint of roof) and 91 parking spaces under the
provisions of Community Development Code Section 2-504.F and 2-704.C as a residential infill
project and comprehensive infill redevelopment project respectively and a reduction to interior
landscape requirements from 10 percent to 5.5 percent, a reduction to the side (east) landscape buffer
from 10 feet to five feet, a reduction to the side (west) landscape buffer from 10 feet to four feet and a
reduction to the rear (south) landscape buffer from 10 feet to five feet as a Comprehensive Landscape
Program under the provisions of Community Development Code Section 3-1202G.
Proposed Use: Attached Dwellings
Neighborhood Association(s): Clearwater Neighborhoods Coalition.
Presenter: A. Scott Kurleman, Planner III.
E. LEVEL TWO APPLICATION (Item 1):
1. Case: FLD2009-08030 - 900 N. Osceola Avenue Level Two Application
Owner/Applicant: Clearwater Basin Marina, LLC.
Agent: Terri Skapik, Woods Consulting (1714 CR 1, Suite 22, Dunedin, FL 34698; phone: 727-786-
5747; fax: 727-786-7479; email terriskapik(a~woodsconsuhing.org).
Location: 5.10 acres (3.55 acres upland and 1.55 acres submerged) located on the west side of N.
Osceola Avenue at the terminus of Nicholson Street, approximately 500 feet north of Seminole Street
Atlas Page: 277B.
Zoning: Tourist (T) District.
Request: Flexible Development approval to permit an 87-slip marina in the Downtown (D) District
with a dockmaster building height of 17.33 feet and 50 parking spaces, under the provisions of
Section 2-903.H.
Proposed Use: Marina.
Neighborhood Association(s): Clearwater Neighborhoods Coalition and Old Clearwater Bay
Neighborhood Association.
Presenter: A. Scott Kurleman, Planner III.
Commmunity Development Board Consent Agenda -November 17, 2009 -Page 7 of 8
F. CONSIDERATION OF APPEAL (Item 1):
1. Case: APP2009-00007 - 321 Lotus Path
Owners/Appellants: Daniel and Sharon Meek.
Agent: R. Carlton Ward, Esq. (1253 Park Street, Clearwater, FL 33756; phone: 727-443-3281; fax:
727-447-8830; email: cward(cr~,richardsgilke.~).
Location: 0.199 acres located on the south side of Lotus Path, approximately 400 feet east of Druid
Road South.
Atlas Page: 295A.
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-SO1.A.3, for a front (north) setback reduction from 25 to 21
feet for a garage addition (related to Case No. FLS2009-09016).
Existing Use: Detached Dwelling.
Neighborhood Association(s): Clearwater Neighborhoods Coalition.
Presenter: Wayne M. Wells, AICP, Planner III.
G. CONSIDERATION OF APPEAL (Item 1):
1. Case: APP2009-00007 - 321 Lotus Path
Owners/Appellants: Daniel and Sharon Meek.
Agent: R. Carlton Ward, Esq. (1253 Park Street, Clearwater, FL 33756; phone: 727-443-3281; fax:
727-447-8830; email: cward(a~richards ig lke.~).
Location: 0.199 acres located on the south side of Lotus Path, approximately 400 feet east of Druid
Road South.
Atlas Page: 295A.
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-SO1.A.3, for a front (north) setback reduction from 25 to 21
feet for a garage addition (related to Case No. FLS2009-09016).
Existing Use: Detached Dwelling.
Neighborhood Association(s): Clearwater Neighborhoods Coalition.
Presenter: Wayne M. Wells, AICP, Planner III.
H. ADJOURNMENT
S: IPlanningDepartmentlCD BlAgendas DRC & CDBICDB12009111 November 17, 20091CDB ConsentAgendaNovember 17, 2009.docx
Commmunity Development Board Consent Agenda -November 17, 2009 -Page 8 of 8