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Community Development Board Consent Agenda - March 16, 2010 - Revised 3/16 Revised 03/15/2010 CONSENT AGENDA COMMUNITY DEVELOPMENT BOARD Date: Tuesday, March 16, 2010 Time: 1:00 p.m. rd Place: 112 South Osceola Street, 3 Floor, Clearwater, Florida, 33756 (City Hall Council Chambers) Welcome the City of Clearwater Community Development Board (CDB) meeting. The City strongly supports and fully complies with the Americans with Disabilities Act (ADA). Please advise us at least 72 hours prior to the meeting if you require special accommodations. Assisted listening devices are available. An oath will be administered swearing in all participants in public hearing cases. If you wish to speak please wait to be recognized, then state and spell your name and provide your address. Persons speaking before the CDB shall be limited to three minutes unless an individual is representing a group in which case the Chairperson may authorize a reasonable amount of time up to 10 minutes. Kindly refrain from conducting private conversations, using beepers, cellular telephones, etc. as they are distracting during the meeting. Florida Statue 286.0105 states: Any person appealing a decision of this Board must have a record of the proceedings to support such appeal. Community Development Code Section 4- 206 requires that any person seeking to: personally testify, present evidence, argument and witness, cross-examine witnesses, appeal the decision and speak on reconsideration requests should request party status during the case discussion. Party status entitles parties to: personally testify, present evidence, argument and witnesses cross-examine witnesses, appeal the decision and speak on reconsideration requests. If you have questions or concerns about a case, please contact the staff presenter from the Planning and Development Department listed at the end of each agenda item at 727-562-4567. www.myclearwater.com/gov/depts/planning Community Development Board Consent Agenda – March 16, 2010 – Page 1 of 4 A. CALL TO ORDER, INVOCATION, PLEDGE OF ALLEGIANCE B. ROLL CALL: Chair Fritsch, Vice Chair Coates, Members Adelson, Barker, Hinrichs, Dame, DiPolito, Alternate Member Carlough, City Staff C. APPROVAL OF MINUTES OF PREVIOUS MEETING: February 16, 2010. D. WELCOME NEW BOARD: Kurt B. Hinrichs E. ELECTION OF OFFICERS: Chair and Vice Chair F. 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 –4): 1. Case: FLD2009-12043 – 387 ½ Mandalay Avenue Level Two Application Owner: Richard C. Homer, President, Homer Properties, Inc. Applicant/Agent: Andrea N. Brvenik, Art and Wine Gallery (387 ½ Mandalay Avenue, Clearwater, FL 33767; phone: 904-535-0873; email: brveniklaw@aol.com). Location: 0.18 acres located on the west side of Mandalay Avenue approximately 150 feet north of the Causeway Boulevard roundabout. Atlas Page: 267A. Zoning: Tourist (T) District. Request: Flexible Development application to permit a Nightclub (wine sales) in conjunction with existing Retail Sales and Services in the Tourist (T) District within an existing 1,512 square feet shopping center tenant space with no changes to the building or structure setbacks, as a Comprehensive Infill Redevelopment Project, under the provisions of Community Development Code Section 2-803.C. Proposed Use: Nightclub (wine sales) in conjunction with existing Retail Sales and Services. Neighborhood Associations: Clearwater Beach Association and Clearwater Neighborhoods Coalition. Presenter: Matthew Jackson, Planner II. Community Development Board Consent Agenda – March 16, 2010 – Page 2 of 4 2. Case: FLD2009-12044 – 1454 Gulf to Bay Boulevard Level Two Application Owners/Applicants: Jeffrey L. Kyle, Mary L. Kyle, Terry R. Kyle, Barbara M. Kyle, C/O Cobb, Jerry ESQ. Agent: Renee Ruggiero, Northside Engineering Services, Inc. (300 South Belcher Road, Clearwater, FL 33765; phone: 727-443-2869; fax: 727-446-8036; email: renee@northsideengineering.net). Location: 0.14 acres located at the corner of Gulf to Bay Boulevard and San Remo Avenue. Atlas Page: 288A. Zoning: Commercial (C) District. Request: Flexible Development application to permit a Termination of Status of Nonconformity for density to allow the continuation of one attached dwelling unit (where only 0.37 dwelling units is permitted today) in the Commercial (C) District, under the provisions of CDC Section 6-109, to permit a Mixed Use (Retail Sales and Services and one Attached Dwelling) with a lot area of 6,204 square feet, a lot width of 121 feet (Gulf to Bay Boulevard), 158 feet (San Remo Avenue), a building height of 20.2 feet (to roof deck), a front (west) setback of 3.2 feet (to existing building) and zero feet (to existing pavement), a front (east) setback of 2.4 feet (to existing building) and zero feet (to existing pavement), a side (north) setback of five feet (to existing building) and zero feet (to existing pavement) and zero off-street parking spaces, as a Comprehensive Infill Redevelopment Project under the provisions of Community Development Code (CDC) Section 2-704.C., a reduction to the perimeter landscape buffer along Gulf to Bay Boulevard from 15 feet to zero feet, a reduction to the side (north) landscape buffer from five feet to zero feet and a reduction to the required foundation landscaping along both the Gulf to Bay Boulevard facade and San Remo Avenue facade from five feet to zero feet as a Comprehensive Landscape Program, under the provisions of Community Development Code Section 3-1202.G., and a two-year development order. Proposed Use: Mixed Use (Retail Sales and Services and one Attached Dwelling). Neighborhood Associations: Skycrest Neighborhood Association, Gateway Neighborhood Association and Clearwater Neighborhoods Coalition. Presenter: A. Scott Kurleman, Planner III. 3. Case: LUZ2009-12004 – Multiple lots (28) located south of the main Calvary Baptist Church site at 110 N. McMullen Booth Road Level Three Application Owner/Applicant: First Baptist Church of Clearwater, Inc. a/k/a Calvary Baptist Church. Representative: Harry S. Cline, Esq. (P.O. Box 1669, Clearwater, FL 33757; phone: 727-441-8966; fax: 727-442-8470). Location: 5.21 acres located south of the main church site at 110 N. McMullen Booth Road. Atlas Page: 292A. Request : (a) Future Land Use Plan amendment from the Residential Urban (RU) category to the Institutional (I) category; and (b) Zoning Atlas amendment from the Low Medium Density Residential (LMDR) District to the Institutional (I) District. Type of Amendment: Large scale. Proposed Use: Church and support facilities. Neighborhood Associations: Del Oro Groves Estates Association andClearwater Neighborhoods Coalition. Presenter: Sandra E. Herman, Planner III. 4. Case: TA2010-01001– Amendments to the Community Development Code Level Three Application Applicant: City of Clearwater, Legal Department. Request: Amendments to the Community Development Code to amend the sign regulations. Neighborhood Association: Clearwater Neighborhoods Coalition. Presenter: Leslie Dougall-Sides, Assistant City Attorney. Community Development Board Consent Agenda – March 16, 2010 – Page 3 of 4 G. CHAIR ITEM: (Item 1): 1. One Bay presents A Congress of Regional Leaders H. ADJOURNMENT S:\Planning Department\C D B\Agendas DRC & CDB\CDB\2010\03 March 16, 2010\CDB Consent Agenda March 16, 2010.docx Community Development Board Consent Agenda – March 16, 2010 – Page 4 of 4