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04/20/2010COMMUNITY DEVELOPMENT BOARD MEETING MINUTES CITY OF CLEARWATER April 20, 2010 Present: Nicholas C. Fritsch Thomas Coates Frank L. Dame Doreen DiPolito Richard Adelson Brian A. Barker Norma R. Carlough Absent: Also Present: Kurt B. Hinrichs Morris Massey Leslie Dougall-Sides Michael L. Delk Gina Clayton Rosemarie Call Chair Vice-Chair Board Member Board Member Board Member Board Member Acting Board Member Board Member Attorney for the Board Assistant City Attorney Planning Director Assistant Planning Director Management Analyst 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 MEETINGS: March 16, 2010 Member Coates moved to approve the minutes of the regular Community Development Board meeting of March 16, 2010 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: (Item 1) 1. Case: FLD2008-02005 - 503 Marshall Street Level Two Application Owner/Applicant: 1504 Garden Inc. (Hashim Sullaiman). Agent: Todd Pressman (P.O. Box 6015, Palm Harbor, FL 34684; phone: 727-804-1760; fax: 727-669-8114; email: pressincp_aol.com) or Hashim Sullaiman (1504 N. Garden Avenue, Clearwater, FL 33744; phone: 813-841-8712; fax: 813-433-5553; email: hsullaimanp_aol.com). Location: 0.18 acre located at the southeast corner of N. Ft. Harrison Avenue and Marshall Street. Atlas Page: 268B. Existing Zoning: Commercial (C) District. Request: Flexible Development application to permit a Mixed Use (1,610 square-feet of Retail Sales and Services on the first floor and one Attached Dwelling on the second floor) in the Commercial (C) District with a lot area of 7,720 square-feet, a lot width of 50.81 feet along N. Ft. Community Development 2010-04-20 Harrison Avenue (west) and 149.95 feet along Marshall Street (north), a front (west) setback of 14.6 feet (to pavement), a front (north) setback of 18 feet (to building), eight feet (to sidewalk) and 4.96 feet (to pavement), a side (east) setback of 0.4 feet (to existing building) and 12.93 feet (to pavement), a side (south) setback of one-foot (to existing building) and zero feet (to pavement), a building height of 31 feet (to top of decorative tower) and 10 parking spaces, as a Comprehensive Infill Redevelopment Project under the provisions of Community Development Code (CDC) Section 2-704.C; as well as a north landscape buffer width along Marshall Street of 4.96 feet (to pavement), an east landscape buffer width of 0.4 feet (to existing building), a south landscape buffer width of zero feet (to pavement) and a north foundation landscape width of four feet, as a Comprehensive Landscape Program under the provisions of CDC Section 3- 1202.G. Proposed Use: Mixed Use (1,610 square-feet of Retail Sales and Services on the first floor and one Attached Dwelling on the second floor). Neighborhood Associations: North Greenwood Association, Inc., Bayview Heights Association, Old Clearwater Bay Neighborhood Association and Clearwater Neighborhoods Coalition. Presenter: Wayne M. Wells, AICP, Planner III. See Exhibits: Staff Report: FLD2008-02005 2010-04-20 Memorandum: FLD2008-02005 2010-04-20 Member Barker moved to approve Case FLD2008-02005 on today's Consent Agenda based on evidence in the record, including the application and the Staff Report, and hereby adopt the Findings of Fact and Conclusions of Law stated in the Staff Report, with conditions of approval as listed in the memorandum. The motion was duly seconded and carried unanimously. D. LEVEL THREE APPLICATION: (Item 1) 1. Case: Amendment to Beach by Design Special Area Plan Level Three Application Applicant: City of Clearwater, Planning Department. Request: Amendments to Beach by Design: A Preliminary Design for Clearwater Beach and Design guidelines: establishing building stepbacks for overnight accommodations using the hotel density reserve along Coronado Drive. Neighborhood Associations: Clearwater Neighborhoods Coalition Presenter: Priyanka D. Thatte, Urban Designer. See Exhibit: Staff Report Amendments to Beach by Design 2010-04-20. Urban Designer Priyanka Thatte reviewed the special area plan. Assistant City Attorney Leslie Dougall-Sides said the way the plan treats nearby properties is legally defensible. Later development should be able to use City records of earlier projects to resolve design issues. Assistant Planning Director Gina Clayton reported that the plan will be amended before it goes to City Council to refer only to properties receiving units from the hotel density reserve. Member Coates moved to recommend approval of Case: Amendment to Beach by Design Special Area Plan based on the evidence and testimony presented in the application, the Staff Report and at today's hearing, and hereby adopt the Findings of Fact and Conclusions Community Development 2010-04-20 2 of Law stated in the Staff Report with the condition that the amendment only refers to properties receiving units from the hotel density reserve. The motion was duly seconded and carried unanimously. ITEMS NOT ON THE AGENDA The Chair reviewed the presentation and activities at the April 16, 2010, ONE BAY Presents: A Congress of Regional Leaders, a shared regional vision for a Livable Communities initiative. Positive results of livable community design include reduced energy and water consumption. Planning Manager Tammy Vrana reviewed plans for a $350,000 Department of Energy grant to revamp the City's Comprehensive Plan to be more supportive of renewable energy and energy efficiencies through livable and walkable communities. F. ADJOURN The meeting adjourned at 1:27 p.m. Chair Community Development Board Community Development 2010-04-20 3 EXHIBIT: STAFF REPORT FLD2008-02005 2010-04-20 CDB Meeting Date Case Number: Agenda Item: Owners/Applicant: Representative: Address: April 20, 2010 FLD2008-02005 D.1. 1504 Garden Inc. (Hashim Sullaiman) Todd Pressman or Hashim Sullaiman 503 Marshall Street CITY OF CLEARWATER PLANNING AND DEVELOPMENT DEPARTMENT STAFF REPORT GENERAL INFORMATION: REQUEST: Flexible Development application to permit a Mixed Use (1,610 square feet of Retail Sales and Services on the first floor and one Attached Dwelling on the second floor) in the Commercial (C) District with a lot area of 7,720 square feet, a lot width of 50.81 feet along N. Ft. Harrison Avenue (west) and 149.95 feet along Marshall Street (north), a front (west) setback of 14.6 feet (to pavement), a front (north) setback of 18 feet (to building), eight feet (to sidewalk) and 4.96 feet (to pavement), a side (east) setback of 0.4 feet (to existing building) and 12.93 feet (to pavement), a side (south) setback of one-foot (to existing building) and zero feet (to pavement), a building height of 31 feet (to top of decorative tower) and 10 parking spaces, as a Comprehensive Infill Redevelopment Project under the provisions of Community Development Code (CDC) Section 2-704.C; as well as a north landscape buffer width along Marshall Street of 4.96 feet (to pavement), an east landscape buffer width of 0.4 feet (to existing building), a south landscape buffer width of zero feet (to pavement) and a north foundation landscape width of four feet, 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: Vacant two-story commercial building and vacant duplex attached dwelling building Proposed Use: Mixed Use (1,610 square feet of Retail Sales and Services on the first floor and one Attached Dwelling on the second floor) EXISTING North: Commercial (C) District Retail Sales and Services SURROUNDING South: Commercial (C) District Social & Community Center ZONING AND USES: East: Commercial (C) District Retail Sales and Services West: Commercial (C) District Attached Dwellings Community Development Board - April 20, 2010 FLD2008-02005 - Page 1 of 11 EXHIBIT: STAFF REPORT FLD2008-02005 2010-04-20 ANALYSIS: Site Location and Existing Conditions: The 0.18 acres located at the southeast corner of North Ft. Harrison Avenue and Marshall Street. The subject property is currently developed with a two-story commercial building (presently vacant) on the eastern portion of the site and an attached dwelling building (duplex - presently vacant) on the western portion of the site. The only existing parking area for this site is north of the two-story commercial building, which requires vehicles to back into Marshall Street. The subject site has 50.81 feet of frontage along N. Ft. Harrison Avenue (west) and 149.95 feet of frontage along Marshall Street (north). Code Compliance issues were initiated for this site on February 5, 2003, when a Stop Work Order was issued for unpermitted demolition and construction within the two-story commercial building (CDC2003-00559, which is still an active case). On January 18, 2005, the Community Development Board (CDB) approved Case FLD2004-02010 with nine conditions of approval for the subject property, permitting retail sales and service uses on both floors of this commercial building. The approval of this project included 11 required parking spaces on the parcel directly south of this site at 1411 N. Ft. Harrison Avenue. Building Permit BCP2005-06914 was submitted June 25, 2005, to facilitate the remodeling of the building and to construct the site improvements. This permit was never issued and was voided October 24, 2006. The applicant also lost the 11 parking spaces on the adjacent parcel due to proposed redevelopment of that parcel. This current application was filed February 4, 2008, in a second attempt to resolve the Code Compliance issue through the approval of an appropriate mix of use for the property. Retail sales uses exist to the north and east of the subject property. Detached dwellings exist on the west side of N. Ft. Harrison Avenue, north and south of Marshall Street. The property adjacent to the south at 1411 N. Ft. Harrison Avenue was previously approved by the CDB under Case FLS2007-07035 for a Social/Community Center use, but no construction was completed on the project and Building Permit BCP2007-08505 was voided, thereby placing that CDB approval into an expired status. There is presently no approved use for the parcel to the south. Development Proposal: The proposal is to demolish the duplex attached dwelling building on the west side of the site and convert the existing commercial building to a Mixed Use with retail sales and service use of 1,610 square feet on the first floor and one attached dwelling on the second floor. Mixed Use is permissible as a Flexible Development use in the Commercial (C) District, but this application is being processed as a Comprehensive Infill Redevelopment Project due to the proposed setbacks. While a mixed-use calculation of permitted intensity for this site would allow three dwelling units in addition to the ground floor retail sales use, the site is constrained by the site area, lot width (especially on the north/south axis) and the size and location of the existing two-story commercial building. Many potential uses have been analyzed for this site, with the proposed mixed use the best fit for the site, which is part of the reason for the length of time this application has been in the development review process. The redevelopment of this site will set a standard for this area and the adjoining properties will not suffer substantial detriment as a result of the proposed development. The proposal is consistent with the existing commercial character of the surrounding area and the mixed use is compatible with these adjacent land uses. Based on the proposed uses, 10 parking spaces are required and have been provided on-site, albeit with Community Development Board - April 20, 2010 FLD2008-02005 - Page 2 of 11 EXHIBIT: STAFF REPORT FLD2008-02005 2010-04-20 deviations to setbacks and landscape buffers. There are two proposed driveways on Marshall Street to access the parking areas for these uses. The redevelopment of this site is otherwise impractical without the requested deviations to setbacks and landscape standards. This proposal is different from the previously approved Flexible Development application in 2005 (FLD2004- 02010) where off-site parking on the adjacent parcel to the south was necessary to meet Code requirements. This proposal is similar in design to the prior approved project from the standpoint of the parking lot and retention area on the west side of the building, including the proposed setbacks and landscape buffers. This proposal includes one parking space on the north side of the building in order to meet the parking requirements. The existing building has a building height of 23.5 feet to the flat roof deck. The proposal includes the construction of a decorative tower over the entrance to the retail use to give the building visual interest. The top of the decorative tower is at a building height of 31 feet, which has been included in the advertised request. The proposed height of this tower is on the lower end of the range of allowable building height for a mixed use. Primary access from the main, west parking area to the retail sales use on the first floor is proposed on the northwest corner of the upgraded building. Access to the residential unit on the second floor is at the northeast corner of the building. There is a small building addition on the west side of the north building facade, which will square off the building at this location. The exterior base and body colors of the building will be tan/ochre at the building tower and along the base of the building and ivory for the majority of the building. Decorative trim on the building will be forest green and white, while the door and window frames will be a forest green. The decorative tower will have dimensional shingles of a medium to dark color. There is a stormwater retention pond proposed on the west side of the site between the parking lot and the N. Ft. Harrison Avenue property line. In order to provide the required pond volume, a retaining wall is proposed to the west of the parking lot. This retaining wall location provides sufficient room to plant a hedge to shield the parking from views along N. Ft. Harrison Avenue. There exist overhead utilities along the Marshall Street right-of-way that will remain, but the utility drops to this building will be placed underground on-site. Density/Intensity Pursuant to the Countywide Future Land Use Plan and CDC Section 2-701.1, the maximum density for properties with a designation of Commercial General is 24 dwelling units per acre and the maximum Floor Area Ratio (FAR) is 0.55. A "mixed use" calculation to ascertain the maximum allowable intensity was prepared. Based on the 1,610 square feet of commercial floor area proposed for the ground floor, the net lot acreage would allow a maximum of three dwelling units. The proposal is only for one dwelling unit. As such, the proposed FAR (based on the original lot square footage) is 0.208 and the proposed density is 7.14 units/acre (based on the net lot acreage), which meets the maximum intensity established under the Commercial General land use. Impervious Surface Ratio (ISR Pursuant to CDC Section 2-701.1, the maximum allowable ISR is 0.95. The proposed ISR is 0.729, which is consistent with the Code provisions. Minimum Lot Area and Width: Pursuant to CDC Table 2-704, there is no minimum required lot area or lot width for a Comprehensive Infill Redevelopment Project. However, for a point of Community Development Board - April 20, 2010 FLD2008-02005 - Page 3 of 11 EXHIBIT: STAFF REPORT FLD2008-02005 2010-04-20 comparison, the minimum lot area for a mixed use can range between 5,000 - 10,000 square feet. The proposed site is 7,720 square feet of lot area. Pursuant to the same Table, the minimum lot width for a mixed use can range between 50 - 100 feet. The lot width along Marshall Street (north) is 149.95 feet and 50.81 feet of lot width along N. Ft. Harrison Avenue (west). The proposal meets and/or exceeds these Code provisions. Minimum Setbacks: Pursuant to CDC Table 2-704, there are no minimum required setbacks for a Comprehensive Infill Redevelopment Project. However, for a point of comparison, the minimum setbacks for a mixed use can range for front setbacks from 15 - 25 feet and for side setbacks from 0 - 10 feet (corner lots have only front and side setback requirements). The proposal includes a front (west) setback of 14.6 feet (to pavement), a front (north) setback of 18 feet (to building), eight feet (to sidewalk) and 4.96 feet (to pavement), a side (east) setback of 0.4 feet (to existing building) and 12.93 feet (to pavement) and a side (south) setback of one-foot (to existing building) and zero feet (to pavement). The site is relatively small, with only 7,720 square feet in area and only 50.81 feet of lot width along N. Ft. Harrison Avenue. The applicant proposes to remodel the existing two-story building on the east side of the site for a mixed use for a retail sales use on the first floor and an attached dwelling on the second floor. The location of this existing building is a design constraint for the site. Many potential uses have been analyzed for this site, with the proposed mixed use the best fit for the site. The existing building is nonconforming to the required front and side setbacks and will be deemed conforming with the approval of this application. In order to meet required parking and to meet the dimensional requirements for parking, the proposal includes reductions to setbacks. The redevelopment of this site is otherwise impractical without the requested deviations to setbacks. It is important to note that the proposal includes the removal of nonconforming parking spaces that back into the Marshall Street right-of-way, replacing this parking with spaces that meet current Code design standards. While the required setbacks are not being met, the proposal is in harmony with the scale, bulk and character of adjacent properties. Similar setbacks exist for the retail sales building and parking lot across Marshall Street from this site (constructed in 1996). The reduced setbacks along the street frontages still permit the installation of landscape buffering (albeit at a reduced buffer width). The proposal with its reduced setbacks will not hinder or discourage the development and use of adjacent land and buildings. The parking lot to the west of the existing building is similar in design and location, with the same reduced setbacks, as approved for Case FLD2004-02010 in 2005. Maximum Building Heim Pursuant to CDC Table 2-704, there is no maximum height for a Comprehensive Infill Redevelopment Project. However, for a point of comparison, the maximum height for a mixed use can range from 25 - 50 feet. The proposal has been advertised with a maximum building height of 31 feet (to the top of a decorative tower). The building height to the top of the flat roof is 23.5 feet, which is less than the range for a mixed use. The proposed decorative tower over the entrance to the retail sales use will give the building visual interest. The proposed height of this tower is on the lower end of the range of allowable building height for a mixed use. Minimum Off-Street Parking: Pursuant to CDC Table 2-704, the minimum required parking for a Comprehensive Infill Redevelopment Project is based on the specific uses proposed. Retail Community Development Board - April 20, 2010 FLD2008-02005 - Page 4 of 11 EXHIBIT: STAFF REPORT FLD2008-02005 2010-04-20 sales uses can range between 4 - 5 spaces per 1,000 square feet as a Level 2 Flexible Development application. Parking for a dwelling is two spaces per unit. The required parking for the retail sales use is eight parking spaces. A total of 10 parking spaces are required and are being provided under this design. Nine parking spaces are proposed on the west side of the building and one parking space is proposed on the north side of the building. Presently, the only parking area for this site is north of the two-story commercial building, which requires vehicles to back into Marshall Street. Current Code does not permit back out parking into the right-of-way. This proposal will remove this existing parking area and provide two driveways on Marshall Street. The driveways and parking lots have been designed to meet Code design standards. The driveway locations have been approved by the City's Engineering Department. There is an existing sidewalk along N. Ft. Harrison Avenue that will be retained. A new sidewalk will be constructed for the site frontages along Marshall Street, increasing pedestrian safety. 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. Mechanical equipment will be located on top of the flat roof of the building or on the west side of the building. The parapets surrounding the roof may be insufficient to screen any mechanical equipment on the roof and additional screening may be required. This will be reviewed at time of the building permit submission. Sight Visibility Triangles Pursuant to CDC Section 3-904.A, to minimize hazards at the proposed driveways on Marshall Street and the street intersection of Marshall Street and N. Ft. Harrison Avenue, no structures or landscaping may be installed which will obstruct views at a level between 30 inches and eight feet above grade within 20-foot sight visibility triangles. 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 mixed use building will be installed underground on-site in compliance with this requirement. There exist overhead utility lines within the right-of-way along Marshall Street, which will remain overhead. It is unknown of the location of proposed electric panels, boxes and meters. If located exterior to the building, to ensure views are minimized, this electrical equipment should be painted the same color as the building. The location and potential views of such electrical equipment will be addressed at the building permit stage. Landscaping- Pursuant to CDC Section 3-1202.13, there is a required 15-foot wide perimeter buffers along N. Ft. Harrison Avenue, a 10-foot wide perimeter buffer along Marshall Street and a five-foot wide perimeter buffer along the east and south sides of the property. The proposal includes reductions to these perimeter buffers similar to the setback reductions (see above discussion under Minimum Setbacks), but the perimeter buffers proposed are greater than the buffers that exist today (none). The proposal includes a reduction to the foundation planting area along the north side of the building from five to four feet. A foundation planting area on the west Community Development Board - April 20, 2010 FLD2008-02005 - Page 5 of 11 EXHIBIT: STAFF REPORT FLD2008-02005 2010-04-20 side of the building exceeds the required minimum five-foot width. No interior landscape area is required for this project, as the vehicular use area is less than 4,000 square feet. A stormwater retention pond is proposed on the west side of the side between the parking lot and the N. Ft. Harrison Avenue property line. All existing unhealthy trees will be removed. Visibility triangle provisions and the existence of overhead utilities along Marshall Street restrict the location of proposed trees. A Comprehensive Landscape Program has been submitted and proposed landscaping has been increased beyond minimum Code requirements in certain areas of the site to offset the inability to plant landscaping in other areas of the site. The site will be planted with a various trees (Little Gem Magnolia, bald cypress, ligustrum tree, crape myrtle and cabbage palm), shrubs (Indian hawthorn and sandankwa viburnum) and ground covers and ornamental plants (juniper, flax lily, African iris and muhly grass). The landscape treatment proposed for this site will make this site stand out in an area generally devoid of landscaping to assist with softening and reducing building massing and the screening of vehicular use areas. Solid Waste: The proposal includes utilizing existing dumpsters located on the parcel to the east, which is also owned by the applicant, for trash produced from this site. Use of these dumpsters will require appropriate agreements with the City and the abutting property owner to ensure continued use of these off-site trash containers. The off-site dumpster(s) will need to be upgraded with appropriate building permits and be properly located and screened to meet City requirements prior to the issuance of a Certificate of Occupancy for this site. The proposal has been found to be acceptable by the City's Solid Waste Department. Signage: The proposal includes a six-foot high, monument-style freestanding sign on the west side of the site. Such future monument-style freestanding sign should be designed to match the exterior materials and color of the building. Attached signage must meet Code requirements. Code Enforcement Analysis: There is still an active Code Enforcement case for this property, initiated on this site on February 5, 2003, when a Stop Work Order was issued for unpermitted demolition and construction within the two-story commercial building (CDC2003-00559). Community Development Board - April 20, 2010 FLD2008-02005 - Page 6 of 11 EXHIBIT: STAFF REPORT FLD2008-02005 2010-04-20 COMPLIANCE WITH STANDARDS AND CRITERIA: The following table depicts the consistency of the development proposal with the standards as per CDC Tables 2-701.1 and 2- 704: Standard Proposed Consistent Inconsistent Density 24 dwelling units per acre One dwelling unit (7.14 X dwelling units per acre) Floor Area Ratio (FAR) 0.55 1,610 square feet (0.208 Xi FAR) Impervious Surface 0.95 0.729 Xz Ratio Minimum Lot Area Comprehensive Infill 7,720 sq. ft. Xz Redevelopment Project: N/A Mixed Use: 5,000 - 10,000 sf Minimum Lot Width Comprehensive Infill Marshall Street: 149.95 feet Xz Redevelopment Project: N/A S. Ft. Harrison Avenue: Mixed Use: 50 -100 feet 50.81 feet Minimum Setbacks Front: Comprehensive Infill Marshall Street: 18 feet (to Xz Redevelopment building), eight feet (to Project: N/A sidewalk) and 4.96 feet (to Mixed Use: 15 - 25 pavement) feet S. Ft. Harrison Avenue: 14.6 feet (to pavement) Side: Comprehensive Infill East: 0.4 feet (to existing x2 Redevelopment building) and 12.93 feet (to Project: N/A pavement) Mixed Use: 0 - 10 feet South: one-foot (to existing building) and zero feet (to pavement) Maximum Height Comprehensive Infill 31 feet (to top of decorative Xz Redevelopment Project: N/A tower) and 23.5 feet (to top Mixed Use: 25 - 50 feet of flat roof) Minimum Comprehensive Infill 10 parking spaces Xz Off-Street Parking Redevelopment Project: N/A Mixed Use: 4 - 5 spaces per 1,000 square feet and 2 spaces per residential unit (Required parking: 10 spaces) Based on a "mixed use" calculation; See analysis in StaffReport See analysis in StaffReport Community Development Board - April 20, 2010 FLD2008-02005 - Page 7 of I I EXHIBIT: STAFF REPORT FLD2008-02005 2010-04-20 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. 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 Xi 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. i See analysis in StaffReport. Community Development Board - April 20, 2010 FLD2008-02005 - Page 8 of 11 EXHIBIT: STAFF REPORT FLD2008-02005 2010-04-20 COMPLIANCE WITH GENERAL STANDARDS FOR LEVEL TWO APPROVALS: The following table depicts the consistency of the development proposal with the General Standards for Level Two Approvals as per CDC Section 3-913: Consistent Inconsistent 1. The proposed development of the land will be in harmony with the scale, bulk, X coverage, density and character of adjacent properties in which it is located. 2. The proposed development will not hinder or discourage development and use of X' adjacent land and buildings or significantly impair the value thereof. 3. The proposed development will not adversely affect the health or safety of persons X residing or working in the neighborhood. 4. The proposed development is designed to minimize traffic congestion. X 5. The proposed development is consistent with the community character of the Xi 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. i See analysis in StaffReport SUMMARY AND RECOMMENDATION: The Development Review Committee (DRC) reviewed the application and supporting materials at its meetings of March 6, 2008, January 8, 2009 and 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 and Development Department, having reviewed all evidence submitted by the applicant and requirements of the Community Development Code, finds that there is substantial competent evidence to support the following findings of fact: 1. The 0.18 acres located at the southeast corner of North Ft. Harrison Avenue and Marshall Street; 2. The subject property is currently developed with a two-story commercial building (presently vacant) on the eastern portion of the site and an attached dwelling building (duplex - presently vacant) on the western portion of the site; 3. The only existing parking area for this site is north of the two-story commercial building, which requires vehicles to back into Marshall Street; 4. Code Compliance issues were initiated for this site on February 5, 2003, when a Stop Work Order was issued for unpermitted demolition and construction within the two-story commercial building (CDC2003-00559, which is still an active case); 5. On January 18, 2005, the Community Development Board (CDB) approved Case FLD2004- 02010 with nine conditions of approval for the subject property, permitting retail sales and service uses on both floors of this commercial building and included 11 required parking spaces on the parcel directly south of this site at 1411 N. Ft. Harrison Avenue; 6. Building Permit BCP2005-06914 was submitted June 25, 2005, to facilitate the remodeling of the building and to construct the site improvements, but this permit was never issued and was voided October 24, 2006; 7. The applicant also lost the 11 required parking spaces on the adjacent parcel due to proposed redevelopment of that parcel (1411 N. Ft. Harrison Avenue); Community Development Board - April 20, 2010 FLD2008-02005 - Page 9 of 11 EXHIBIT: STAFF REPORT FLD2008-02005 2010-04-20 8. This current application was filed February 4, 2008, in a second attempt to resolve the Code Compliance issue through the approval of an appropriate mix of use for the property; 9. The proposal is to demolish the duplex attached dwelling building on the west side of the site and permit, as a Mixed Use, a retail sales and service use of 1,610 square feet on the first floor and one attached dwelling on the second floor; 10. Many potential uses have been analyzed for this site, with the proposed mixed use the best fit for the site, which is part of the reason for the length of time this application has been in the development review process; 11. The proposal includes setback and perimeter buffer reductions from all property lines; 12. The proposal includes a front (west) setback of 14.6 feet (to pavement), a front (north) setback of 18 feet (to building), eight feet (to sidewalk) and 4.96 feet (to pavement), a side (east) setback of 0.4 feet (to existing building) and 12.93 feet (to pavement) and a side (south) setback of one-foot (to existing building) and zero feet (to pavement); 13. The existing building has a building height of 23.5 feet to the flat roof deck; 14. The proposal includes the construction of a decorative tower at an overall height of 31 feet over the entrance to the retail sales use to give the building visual interest; 15. Based on the proposed uses, 10 parking spaces are required and have been provided on-site; and 16. There is an active Code Compliance issue associated with this subject property for unpermitted remodeling of the two-story commercial building. Conclusions of Law. The Planning and Development 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; and 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. Based upon the above, the Planning and Development Department recommends APPROVAL of the Flexible Development application to permit a Mixed Use (1,610 square feet of Retail Sales and Services on the first floor and one Attached Dwelling on the second floor) in the Commercial (C) District with a lot area of 7,720 square feet, a lot width of 50.81 feet along N. Ft. Harrison Avenue (west) and 149.95 feet along Marshall Street (north), a front (west) setback of 14.6 feet (to pavement), a front (north) setback of 18 feet (to building), eight feet (to sidewalk) and 4.96 feet (to pavement), a side (east) setback of 0.4 feet (to existing building) and 12.93 feet (to pavement), a side (south) setback of one-foot (to existing building) and zero feet (to pavement), a building height of 31 feet (to top of decorative tower) and 10 parking spaces, as a Comprehensive Infill Redevelopment Project under the provisions of Community Development Code (CDC) Section 2-704.C; as well as a north landscape buffer width along Marshall Street of 4.96 feet (to pavement), an east landscape buffer width of 0.4 feet (to existing building), a south landscape buffer width of zero feet (to pavement) and a north foundation landscape width of four feet, as a Comprehensive Landscape Program under the provisions of CDC Section 3-1202.G, with the following conditions: Community Development Board - April 20, 2010 FLD2008-02005 -Page 10 of 11 EXHIBIT: STAFF REPORT FLD2008-02005 2010-04-20 Conditions of Approval: 1. That application for a building permit to construct the approved project be submitted no later than October 20, 2010. Failure to submit for these permits within this time frame shall cause this Flexible Development approval by the CDB to be null and void and cause compliance action to be initiated; 2. That, prior to the issuance of any permits, a Declaration of Unity of Title be approved and recorded in the public records; 3. That use of the building be for a retail sales and services use on the first floor and one attached dwelling on the second floor; 4. That the final design and color of the building be consistent with the elevations approved by the CDB; 5. That freestanding signage be limited to monument-style signs, be a maximum height of six feet and be consistent with the color and materials of the building; 6. That electric and communication lines on-site be placed underground; 7. That, prior to the issuance of any permits, appropriate agreements with the City and the abutting property owner be approved and recorded, as necessary, to allow tenants of this site to share the dumpster on the property to the east. Additionally, prior to the issuance of a Certificate of Occupancy/Completion for this site, the off-site dumpster shall be upgraded to meet City requirements for design and location; 8. That, prior to the issuance of the building permit, the location and visibility of electric equipment (electric panels, boxes and meters) be reviewed and, if located exterior to the building where visible from adjacent roadways or properties, be painted the same color as the building; 9. That, prior to the issuance of a building permit, outside mechanical equipment be reviewed for Code requirements for location and screening; and 10. That, prior to the issuance of any permit, all requirements of the General Engineering, Environmental Engineering, Stormwater Engineering, Traffic Engineering and Fire Departments be addressed. Prepared by Planning and Development 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 DepartmentlC D BIFLEX (FLD) (Pending cases)Up for the next CDBWarshall 503 Marshall Building (C) 2010.04 - 4.20.10 CDB - WW Marshall 503 StaffReport.docx Community Development Board - April 20, 2010 FLD2008-02005 - Page 11 of 11 8EHO gftp 0AJ f:LJQaW F- 0.-)opS- a010- 0-11-,;20 MEMORANDUM TO: Community Development Board FROM: Wayne M. Wells, AICP, Planner III NrA Y v DATE: April 20, 2010 RE: FLD2008-02005, 503 Marshall Street After discussions with the owner/applicant (Hashim Sulliaman) regarding the conditions of approval, Staff has agreed to modify the time frame in Condition #1 to ensure adequate time is available for the applicant's consultant to prepare plans for a building permit. Modifying language that is deleted is stile and new language is underlined. Conditions of Approval: 1. That application for a building permit to construct the approved project be submitted no later than OetebefDecember 20, 2010. Failure to submit for these permits within this time frame shall cause this Flexible Development approval by the CDB to be null and void and cause compliance action to be initiated; 2. That, prior to the issuance of any permits, a Declaration of Unity of Title be approved and recorded in the public records; 3. That use of the building be for a retail sales and services use on the first floor and one attached dwelling on the second floor; 4. That the final design and color of the building be consistent with the elevations approved by the CDB; 5. That freestanding signage be limited to monument-style signs, be a maximum height of six feet and be consistent with the color and materials of the building; 6. That electric and communication lines on-site be placed underground; 7. That, prior to the issuance of any permits, appropriate agreements with the City and the abutting property owner be approved and recorded, as necessary, to allow tenants of this site to share the dumpster on the property to the east. Additionally, prior to the issuance of a Certificate of Occupancy/Completion for this site, the off-site dumpster shall be upgraded to meet City requirements for design and location; 8. That, prior to the issuance of the building permit, the location and visibility of electric equipment (electric panels, boxes and meters) be reviewed and, if located exterior to the building where visible from adjacent roadways or properties, be painted the same color as the building; 9. That, prior to the issuance of a building permit, outside mechanical equipment be reviewed for Code requirements for location and screening; and lo. That, prior to the issuance of any permit, all requirements of the General Engineering, Environmental Engineering, Stormwater Engineering, Traffic Engineering and Fire Departments be addressed. S: (Planning DepartmentlC D BTLEX (FLD)Wending cases)Up for the next CDBWarshal1503 Marshall Building (C) 2010.04 - 4.20.10 CDB - WWIMemo to CDB -Revised Conditions of Approval4.20.10.docx yff I B1-1 ; 8En b gip 0) tj f:: 1_ao/2W '- p.,?c?vJr go%- Dy-,VD MEMORANDUM TO: Community Development Board l FROM: Wayne M. Wells, AICP, Planner III DATE: April 20, 2010 RE: FLD2008-02005, 503 Marshall Street After discussions with the owner/applicant (Hashim Sulliaman) regarding the conditions of approval, Staff has agreed to modify the time frame in Condition #1 to ensure adequate time is available for the applicant's consultant to prepare plans for a building permit. Modifying language that is deleted is str-iele and new language is underlined. Conditions of Approval: 1. That application for a building permit to construct the approved project be submitted no later than OEteberDecember 20, 2010. Failure to submit for these permits within this time frame shall cause this Flexible Development approval by the CDB to be null and void and cause compliance action to be initiated; 2. That, prior to the issuance of any permits, a Declaration of Unity of Title be approved and recorded in the public records; 3. That use of the building be for a retail sales and services use on the first floor and one attached dwelling on the second floor; 4. That the final design and color of the building be consistent with the elevations approved by the CDB; 5. That freestanding signage be limited to monument-style signs, be a maximum height of six feet and be consistent with the color and materials of the building; 6. That electric and communication lines on-site be placed underground; 7. That, prior to the issuance of any permits, appropriate agreements with the City and the abutting property owner be approved and recorded, as necessary, to allow tenants of this site to share the dumpster on the property to the east. Additionally, prior to the issuance of a Certificate of Occupancy/Completion for this site, the off-site dumpster shall be upgraded to meet City requirements for design and location; 8. That, prior to the issuance of the building permit, the location and visibility of electric equipment (electric panels, boxes and meters) be reviewed and, if located exterior to the building where visible from adjacent roadways or properties, be painted the same color as the building; 9. That, prior to the issuance of a building permit, outside mechanical equipment be reviewed for Code requirements for location and screening; and 1 o. That, prior to the issuance of any permit, all requirements of the General Engineering, Environmental Engineering, Stormwater Engineering, Traffic Engineering and Fire Departments be addressed. S: (Planning Departmen6C D BIFLEX (FLD)IPending cases)Up for the next CDBWarshall 503 Marshall Building (C) 2010.04 - 4.20.10 CDB - WWWemo to CDB -Revised Conditions of Approval 4.20.10.docx EXHIBIT: STAFF REPORT AMENDMENTS TO BEACH BY DESIGN 2010-04-20 CDB Meeting Date: Apri120, 2010 Case Number: Amendments to Beach by Design Ordinance No.: 8157-10 Agenda Item: E.1. CITY OF CLEARWATER PLANNING & DEVELOPMENT DEPARTMENT STAFF REPORT REQUEST: Amendments to Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines INITIATED BY: City of Clearwater Planning & Development Department BACKGROUND: In 2001, the City adopted Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines. This special area plan sets forth a series of revitalization strategies for Clearwater Beach and established character districts to regulate land use, location of uses and, generally, the scale of development. In 2008, the City of Clearwater established the Hotel Density Reserve in Beach by Design to incentivize hotel development on Clearwater Beach. Later in October 2009, the City Council expressed concerns about the probable use of the Hotel Density Reserve by properties along Coronado Drive and the potential to create a canyon effect. Council requested the Planning and Development Department staff to study the potential hotel development along Coronado Drive to determine if design standards should be revised to create view corridors and minimize building bulk and massing. Staff prepared the study, which included a design exercise for four sites of various size, configuration and location along Coronado Drive. The study recommendations called for building stepbacks for future development along Coronado Drive to reduce building massing. It also showed that meaningful view corridors could not be created along Coronado Drive since few parcels are laid out in a rectangular pattern. Rather, parcels tend to be L-shaped such that buildings would not likely be sited in a parallel manner so as to allow view corridors between buildings. Based on the study conclusions, Council directed staff to develop design standards for building stepbacks along Coronado Drive. ANALYSIS: The proposal amends Beach by Design Section VII, Design Guidelines; Subsection D. Setbacks to provide building stepbacks along Coronado Drive. Unlike the other streets running parallel to Coronado Drive, development occurs along both sides of this street. Amongst the previous developments along Coronado Drive the criteria of stepbacks was not considered. This has Community Development Board - April 20, 2010 Amendments to Beach by Design - Page I EXHIBIT: STAFF REPORT AMENDMENTS TO BEACH BY DESIGN 2010-04-20 resulted in buildings with a larger mass having been constructed close to the street. These proposed stepbacks will help reduce the building mass along this street and will make for a pedestrian friendly scale. The proposed amendment establishes a required building stepback with a minimum depth of fifteen feet at a height of not more than twenty-five feet, when the maximum front setback is provided as required by the Community Development Code. Flexibility in this setback is discouraged but if flexibility is requested, it will result in changing the measurements for these stepbacks. As the building gets closer to the street, the maximum height at which the stepback is provided is reduced and the stepback is increased. To avoid the monotonous streetscape, additional stepbacks may be required. The configuration of these stepbacks is required to be different from its neighboring buildings, including those across a right-of-way. Also to add variety in the streetscape, the stepbacks shall span in a range of 75% to 100% of the facade width. Attached with this staff report is the proposed Ordinance No. 8157-10, which amends Beach by Design as per the above. Within the ordinance, text that is underlined indicates proposed language and text containing stfikethfo ".indicate deletions. CONSISTENCY WITH COMPREHENSIVE PLAN: The purpose of Beach by Design: A Preliminary Design for Clearwater Beach is to guide redevelopment activities within the Clearwater Beach Community Redevelopment District. One major strategy included in the Plan is the redevelopment along Gulfview Boulevard and Coronado Drive. The proposed amendments to Beach by Design do not change the focus of this Plan. While the amendments recognize changed conditions, they maintain consistency with the City's long range planning policies for Clearwater Beach as specified in the Clearwater Comprehensive Plan and as enumerated below. the Comprehensive Pkm. Goal A.6 The City of Clearwater shall utilize innovative and flexible planning and engineering practices, and urban design standards in order to protect historic resources, ensure neighborhood preservation, redevelop blighted areas, and encourage infill development. Objective A.6.1 The redevelopment of blighted, substandard, inefficient and/or obsolete areas shall be a high priority and promoted through the implementation of redevelopment and special area plans, the construction of catalytic private projects, city investment, and continued emphasis on property maintenance standards. Community Development Board - April 20, 2010 Amendments to Beach by Design - Page 2 EXHIBIT: STAFF REPORT AMENDMENTS TO BEACH BY DESIGN 2010-04-20 Objective A.6.6 Tourism is a substantial element of the City's economic base and as such the City shall continue to support the maintenance and enhancement of this important economic sector. Policy A.6.6.1 The City supports and encourages the continued development and redevelopment of overnight accommodation uses. Establishing stepback criteria would improve the streetscape along Coronado Drive by reducing the building mass and creating architectural variety and facade articulation. This is an implementation of a good urban design practice. This will ensure an attractive environment and visual appeal to citizens and tourists and make the corridor pedestrian friendly. 2-. The pro other City, ordinemees cmd aetions designed to implement the Pkm. a- efeative fede veloprme Section 1 103:ate a- fedevelopment A, 41h. ii Cell. lenhanee the value of suffeunding pfepet4ies "C- Seetio 1n a- dafnage; pfevent im f th lit evefefewding of t f lif f th iti he land and undue eengestion of popu f th C-DC-Seet 'on 1 103 n t lation; p eve e qua e y o e e e ze s o e Er r y ( W id f th h ffl i t t d i d l t th t dd a- ev e ef open spaees foug e e e n pfejee es gn an ayou a a fesses felationships between building d bl .1 th " h t ' ' ' ' s on the pfejeet site and adjoining pfepertte-s-, 1.,. t, 1 1 03 x 6 bli C C > s c3 0 ? e rrcr - pu iirg ii'rEr u rciig rr icy inic c? or b r o ) ccc cE i r :z ? rrc pr? r T ccc SUMMARY AND RECOMMENDATION: The proposed amendment to Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines is consistent with and furthers the goals of the Clearwater Comprehensive Plan and the purposes of the Community Development Code. Further, the proposed amendment will assist in improving the streetscape and reducing the massing along Coronado Drive. The Community Development Board - April 20, 2010 Amendments to Beach by Design - Page 3 EXHIBIT: STAFF REPORT AMENDMENTS TO BEACH BY DESIGN 2010-04-20 Planning & Development Department recommends APPROVAL of Ordinance No. 8157-10 that amends Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines. Prepared by Planning & Development Department Staff: ATTACHMENT: ? Ordinance No. 8157-10 Priyanka Thatte, Urban Designer Community Development Board - April 20, 2010 Amendments to Beach by Design - Page 4 LL 0 } 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: Agenda Items for April 20, 2010 DATE: Arill4, 2010 CDB packets being distributed on contain the following items: Site investigation form Agenda Unapproved minutes of previous meeting on March 16, 2010 Level Two Applications (Item 1) 1. Case: 1. Case: FLD2008-02005 - 503 Marshall Street Yes No LEVEL THREE APPLICATIONS (Item 1): 1. Case: Case: Amendment to Beach by Design Special Area Plan Yes ?.? No have conducted a per rnv tization on the personal site visi Date: a Signature: ?. F«ll< C PRINT NAME S:Tlanning DepartmentlCD BlAgendas DRC & CDBICDR12010104 April 20, 201011 Cover MEMO 2010.doc Clearwater Interdepartmental Correspondence Sheet Community Development Board Members Level Two Applications (Item 1) SUBJECT: Agenda Items for April 20, 2010 DATE: Arill4, 2010 CDB packets being distributed on contain the following items: Site investigation form Unapproved minutes of previous meeting on March 16, 2010 M: Robert Tefft, Development Review Manager IES: Leslie Dougall-Sides, Assistant City Attorney; Susan Chase, City Clerk Specialist; Sue Diana, Assistant City Clerk; /Pat Sullivan, Board Reporter Yes No LEVEL THREE APPLICATIONS (Item 1): Case: Case: Amendment to Beach by Design Special Area Plan Yes PRINT NAME LL ° 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: Agenda Items for April 20, 2010 DATE: Arill4, 2010 CDB packets being distributed on contain the following items: Site investigation form Agenda Unapproved minutes of previous meeting on March 16, 2010 Level Two Applications (Item 1) 1. Case: 1. Case: FLD2008-02005 - 503 Marshall Street Yes No LEVEL THREE APPLICATIONS (Item 1): 1. Case: Case: Amendment to Beach by Design Special Area Plan Yes No I have conducted a personal investi ation on the er nal site visit to the following Prop Signature: Date: Q ?hiah arker PRINT NAME S. (Planning DepartmentlC D BlAgendas DRC & CDBICDB12010104 April 20, 201011 Cover MEMO 2010.doc LL ° 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: Agenda Items for April 20, 2010 DATE: A6114,2010 CDB packets being distributed on contain the following items: Site investigation form Agenda Unapproved minutes of previous meeting on March 16, 2010 Level Two Applications (Item 1 1. Case \I . Case: FLD2008-02005 - 503 Marshall Street Yes No LEVEL THREE APPLICATIONS (Item 1): 1. Case: Case: Amendment to Beach by Design Special Area Plan Yes No I /l\ e PRINT NAME isit to the following proper --/ Date: , --) C' ?.% S:IPlnnning DepnrtmentlC D BMgendns DRC & CDBICDB12010104 April 20,201011 Cover MEMO 2010.doc