Community Development Board - May 17, 2011 - Revised 05/17
05/17/2011
CONSENT AGENDA
COMMUNITY DEVELOPMENT BOARD
Date:
Tuesday, May 17, 2011
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 – May 17, 2011 – Page 1 of 8
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:
April 19, 2011.
D. CONTINUED ITEM (Item 1):
1. Case:
FLD2011-02006 – 249 Windward Passage Level Two Application
Owner/Applicant:
Clearwater Marine Aquarium, Inc.
Agent:
Housh Ghovaee and/or Renee Ruggiero, Northside Engineering Services, Inc. (300 S. Belcher
Road, Clearwater, FL 33765; phone: 727-443-2869; fax: 727-446-8036; email:
renee@northsideengineering.net)
Location:
4.53 acres located on the south side of Windward Passage approximately 210 feet west of
Island Way.
Atlas Page:
267B
Zoning:
Commercial (C) District
Request:
Flexible Development approval to permit the expansion of the Clearwater Marine Aquarium
within the Commercial (C) District with a lot area of 197,167 square feet (4.526 acres), a lot width of
546.3 feet, a front (north) setback of 15 feet (to building/pavement), rear (south) setbacks of 12 feet (to
building) and zero feet (to marina promenade), side (east) setbacks of 272 feet (to building) and 10 feet
(to pavement), a side (west) setback of 10 feet (to building), and side (north) setbacks of 30 feet (to
building) and 10 feet (to pavement), a building height of 42.33 feet, and 323 off-street parking spaces as
a Comprehensive Infill Redevelopment Project pursuant to Community Development Code Section 2-
704.C. along with a reduction to the perimeter buffer requirement along the south property lines from
15 feet to zero feet, and a reduction from the required number of trees within interior landscape islands
from 34 to 27 as a Comprehensive Landscape Program pursuant to Community Development Code
Section 3-1202.G., with a two-year Development Order.
Proposed Use:
Aquarium
Neighborhood Association(s):
Clearwater Neighborhoods Coalition and Island Estates Civic
Association.
Presenter:
Robert G. Tefft, Development Review Manager.
Community Development Board Consent Agenda – May 17, 2011 – Page 2 of 8
CONSENT AGENDA: The following case is not contested by the applicant, staff,
E.
neighboring property owners, etc. and will be approved by a single vote at the
beginning of the meeting (Items 1-6):
1. Case:
FLD2011-03011– 984 Eldorado Avenue Level Two Application
Owner/Applicant:
Michael Cavill
Agent:
Steven A. Williamson, Esq. and Johnson, Pope, Bokor, Ruppel & Burns LLP. (P.O. Box 1368,
Clearwater, FL 33757; phone: 727-461-1818; fax: 727-462-0365)
Location:
0.3 acre property located on the west side of Eldorado Avenue approximately 250 feet
north of Juniper Street.
Atlas Page:
238A
Zoning:
Low Medium Density Residential (LMDR) District
Request:
Flexible Development approval for a single-family detached dwelling with accessory
swimming pool and deck within the Low Medium Density Residential (LMDR) District with a front
(east) setback of three feet where 10 feet is allowed but may be varied based on the criteria specified
in Community Development Code Section 2-204.E., and a rear (west) setback of zero feet (to deck as
measured from Coastal Construction Control Line) where zero feet is allowed as a Residential Infill
Project under the provisions of Community Development Code Section 2-204.E.
Proposed Use:
Detached dwelling
Neighborhood Association(s):
Clearwater Beach Association and Clearwater Neighborhoods
Coalition.
Presenter:
Ellen Crandall, Planner II.
Community Development Board Consent Agenda – May 17, 2011 – Page 3 of 8
2. Case:
FLD2011-02010 – 2159 Nursery Road Level Two Application
Owner/Applicant:
Pensam Belleair Gardens, LLC.
Agent:
Edward Mazur, Jr., Florida Design consultants, Inc. (3030 Starkey Blvd., New Port Richey, FL
34655; phone: 727-849-7588; email: emazur@fldesign.com)
Location:
4.87 acres located on the south side of Nursery Road approximately 350 feet west of the
intersection of Nursery Road and Belcher Road.
Atlas Page:
316B.
Zoning:
Medium High Density Residential (MHDR) District.
Request:
Flexible Development approval (1) to allow 146 existing attached dwellings in the Medium
High Density Residential (MHDR) District with a lot size of 212,137 square feet, a lot width of 290
feet (along Belcher Road) and 271 feet (along Nursery Road), a building height of 29.3 feet, a front
(east) setback of 19.8 feet (to existing pavement and existing building) where 10 feet is allowable, a
front (north) setback 19.6 feet (to existing building) and 9.5 feet (to existing pavement) where 10 feet
is allowable but may be varied based on the flexibility criteria, a side (east) setback of 9 feet (to
existing building) where 10 feet is allowable but may be varied based on the flexibility criteria, a side
(north) setback of 80.1 feet (to existing building) and 0.7 feet (to existing pavement) where 10 feet is
allowable but may be varied based on the flexibility criteria, a side (south) setback of 24.2 feet (to
existing building) and 23.4 feet (to existing pavement) where 10 feet is allowable, a side (west)
setback of 79.4 feet (to existing building) and 7.7 feet (to pavement) where 10 feet is allowable but
may be varied based on the flexibility criteria, a rear (west) setback of 133.1 feet (to existing
building) and 3.1 feet (to existing pavement) where 10 feet is allowable but may be varied based on
the flexibility criteria and a rear (south) setback of 7.5 feet (to existing building) and 2.5 feet (to
existing pavement) where 10 feet is allowable but may be varied based on the flexibility criteria, and
235 parking spaces a Residential Infill Redevelopment Project under the provisions of Community
Development Code Section 2-404.F. as well as a reduction to the perimeter landscape buffer along
Nursery Road from 15 feet to 10 feet, a reduction to the side (north) landscape buffer from 10 feet to
0.7 feet, a reduction to the side (east) landscape buffer from 10 feet to seven feet, a reduction to the
side (west) landscape buffer from 10 feet to 7.7 feet, a reduction to the rear (west) landscape buffer
from 10 feet to 3.1 feet, and a reduction to the rear (south) landscape buffer from 10 feet to 2.5 feet as
a Comprehensive Landscape Program, under the provisions of Community Development Code
Section 3-1202.G. and (2) permit a Termination of Status of Nonconformity for nonconforming
structural setbacks, under the provisions of CDC Section 6-109.
Proposed Use:
Attached Dwellings.
Imperial Park.
Neighborhood Association(s):
Clearwater Neighborhoods Coalition and
Presenter:
A. Scott Kurleman, Planner III.
Community Development Board Consent Agenda – May 17, 2011 – Page 4 of 8
3. Case:
FLD2011-02007 – 1375 S. Ft. Harrison Avenue and 509 D Street Level Two Application
Owner/Applicant:
Capital Resources of Chicago, Inc.
Agent:
Robert E. Gregg (630 Chestnut Street, Clearwater, FL 33756; phone: 727-796-8774 ext 331;
email: archreg@aol.com)
Location:
1.44 acres located on the north side of E Street between S. Ft. Harrison Avenue and Hamlet
Avenue and on the south side of D Street, approximately 120 feet east of S. Ft. Harrison Avenue.
Atlas Page:
305B.
Zoning:
Industrial, Research and Technology (IRT) District.
Request:
Flexible Development approval for 18,921 square feet of wholesale/distribution/warehouse
facility use and 6,745 square feet of office use in the Industrial, Research and Technology (IRT)
District with a lot area of 62,662 square feet, a lot width of 390 feet (along E Street), a lot width of
279 feet (along the Pinellas Trail), a lot width of 90 feet (along D Street), a lot width of 122 feet
(along Hamlet Avenue), a front (south) setback of four feet (to existing pavement) and 39.3 feet (to
existing building), a front (west) setback of zero feet (to existing pavement) and 22 feet (to existing
building), a front (north) setback of five feet (to existing pavement) and 44 feet (to existing building),
a front (east) setback of zero feet (to existing pavement) and 21 feet (to existing building), a building
height of 32 feet (to top of tower), and 53 parking spaces as a Comprehensive Infill Redevelopment
Project under the provisions of Community Development Code Section 2-1304.C as well as a
reduction to the perimeter landscape requirement on the south from 10 feet to four feet, a reduction to
the perimeter landscape requirement on the west from 10 feet to zero feet a reduction to the perimeter
landscape requirement on the north from 10 feet to five feet, a reduction to the perimeter landscape
requirement on the east from 10 feet to zero feet and reductions to both the south and north
foundation landscape requirements from five feet to zero feet as part of a Comprehensive Landscape
Program under the provisions of Community Development Code Section 3-1202.G.
Proposed Use:
Warehouse/Office
Neighborhood Association(s):
Old Clearwater Bay, Bayview Heights andClearwater Neighborhoods
Coalition.
Presenter:
A. Scott Kurleman, Planner III.
4. Case:
FLD2011-02009 – 333 Hamden Drive Level Two Application
Owner/Applicant:
Didomizio Investments, Inc.
Agent: (
Terri Skapik, Woods Consulting1714 County Road 1, Suite 22, Dunedin, Florida 34698;
phone: 727-786-5747; fax: 727-786-7479)
Location:
0.38 acres located at the northeast corner of the intersection of Hamden and Brightwater
Drives.
Atlas Page:
276A
Zoning:
Tourist (T) District
Request:
Flexible Development approval to permit the addition of 392 square feet of dock area
(including two piers) for a total of 852 square feet to an existing commercial dock associated with an
overnight accommodation in the Tourist (T) District with an increase in the width of the dock from 30
feet (24 percent of the lot length) to 83.1 feet (66 percent of the lot width), and an increase to the
length of the dock from 13 feet (10.4 percent of the lot width) to 21 feet (16.8 percent of the lot
width) under the provisions of Community Development Code Section 3-601.C.3.
Proposed Use: /
Overnight accommodationDock
Clearwater Beach
Neighborhood Association(s):
Clearwater Neighborhoods Coalition and
Association
.
Presenter:
Kevin W. Nurnberger, Planner III.
Community Development Board Consent Agenda – May 17, 2011 – Page 5 of 8
5. Case:
FLD2011-03012 – 1996 Gulf to Bay Boulevard Level Two Application
Owner/Applicant:
Gulf to Bay Investments, LLC
Agent:
Rick Tommell, Avid Group (2300 Curlew Road, Suite 201, Palm Harbor, FL 34683; phone:
727-789-9500;
Location:
0.50 acres located at the northwest corner of the intersection of Gulf to Bay Boulevard and
Hercules Avenue.
Atlas Page:
289A
Zoning:
Commercial (C) District
Request:
Flexible Development approval for a 2,600 square foot restaurant in the Commercial (C)
District with a lot area of 0.50 acres, a lot width of 148 feet along Gulf to Bay Boulevard a lot width
of 138 feet along Hercules Avenue, front (south) setbacks of 31 feet (to building) and 21 feet (to
pavement), front (east) setbacks of 25.02 feet (to building) and 16.34 feet (to pavement), side (west)
setbacks of 77.66 feet (to building) and 8.66 feet (to pavement), side (north) setbacks of 49.91 feet (to
building) and 5.2 feet (to pavement), a building height of 18.66 feet (to flat roof) and 23.4 feet (to
highest point), and 25 off-street parking spaces as a Comprehensive Infill Redevelopment Project
under the provisions of Community Development Code Section 2-704; and a reduction to the
perimeter landscape buffers along Gulf to Bay Boulevard and Hercules Avenue from 15 feet to 7 feet
as part of a Comprehensive Landscape Program under the provisions of Community Development
Code Section 3-1202.
Proposed Use:
Restaurant
Neighborhood Association(s):
Clearwater Neighborhoods Coalition and Skycrest.
Presenter:
Kevin W. Nurnberger, Planner III.
6. Case: –
FLD2011-020081001 Holt Avenue Level Two Application
Owner/Applicant:
Homeless Emergency Project, Inc.
Agent:
Michael J. Palmer, P.E., Synergy Civil Engineering(3000 Gulf to Bay Blvd., Suite 201,
Clearwater, FL P.O. Box 1368, Clearwater, FL 33759; phone: 727-796-1926; fax:727-470-1344,
Mpalmer@synergycivileng.com)
Location:
2.87 acre property located on the east side of Holt Avenue between Palmetto Street and
Engman Street.
Atlas Page:
269B
Zoning:
Institutional (I) District
Request:
Flexible Development approval for a 64-bed Residential Shelter and 14 attached dwelling
units with a clubhouse in the Institutional (I) District with a lot area of 125,017 square feet, lot widths
of 109.6 feet (Palmetto Street), 1,086.7 feet (Holt Avenue) and 124.73 feet (Engman Street), front
(south) setbacks of 25 feet (to building), front (west) setbacks of 25.01 feet (to building) and 10.3 feet
(to pavement), front (north) setbacks of 24.99 feet (to building), and side (east) setbacks of 25.4 feet
(to building), 19.96 feet (to pavement), and 10 feet (to dumpster enclosure), a building height of 24
feet (to midpoint of pitched roof), and 60 off-street parking spaces as a Comprehensive Infill
Redevelopment Infill project under the provisions of the Community Development Code Section 2-
1204.C.
Proposed Use:
Residential Shelter and Attached Dwellings
Neighborhood Association(s):
North Greenwood Community Coalition andClearwater
Neighborhoods Coalition.
Presenter:
Kevin W. Nurnberger, Planner III.
Community Development Board Consent Agenda – May 17, 2011 – Page 6 of 8
F. LEVEL THREE APPLICATIONS (Items 1-3):
1. Case: -
LUP2011-01001 1475 Sunset Point Road (Related to REZ2011-01001, DVA2011-01001)
Level Three Application
Owner/Applicant:
Cay 1475, LLC
Representative:
Todd Pressman, Pressman & Associates, Inc. (P.O. Box 6015, Palm Harbor, FL
34684; phone: 727-804-1760; fax: 888-977-1179).
Location:
1.52 acres, located on the south side of Sunset Point Road approximately 150 feet west of
North Highland Avenue.
Atlas Page:
261A.
Request
: Future Land Use Map amendment from Residential/Office General (R/OG) Category,
Residential Urban (RU) Category and Commercial General (CG) Category to
Residential/Office/Retail (R/O/R).
Type of Amendment:
Large scale.
Proposed Use:
Retail sales and services.
Neighborhood Association(s):
Clearview Lake Estates and Clearwater Neighborhoods Coalition.
Presenter:
Catherine Lee, Planner III.
2. Case: -
REZ2011-010011475 Sunset Point Road (Related to LUP2011-01001, DVA2011-01001)
Level Three Application
Owner/Applicant:
Cay 1475, LLC
Representative:
Todd Pressman, Pressman & Associates, Inc. (P.O. Box 6015, Palm Harbor, FL
34684; phone: 727-804-1760; fax: 888-977-1179).
Location:
1.52 acres, located on the south side of Sunset Point Road approximately 150 feet west of
North Highland Avenue.
Atlas Page:
261A.
Request:
Zoning Atlas amendment from Office (O) and Low Medium Density Residential (LMDR),
to Commercial (C) District.
Type of Amendment:
Large scale.
Proposed Use:
Retail sales and services.
Neighborhood Association(s):
Clearview Lake Estates and Clearwater Neighborhoods Coalition.
Presenter:
Catherine Lee, Planner III.
Community Development Board Consent Agenda – May 17, 2011 – Page 7 of 8
3. Case:
DVA2011-01001 - 1475Sunset Point Road (Related to LUP2011-01001, REZ2011-01001)
Level Three Application
Owner/Applicant:
Cay 1475, LLC
Representative:
Todd Pressman, Pressman & Associates, Inc. (P.O. Box 6015, Palm Harbor, FL
34684; phone: 727-804-1760; fax: 888-977-1179).
Location:
1.52 acres, located on the south side of Sunset Point Road approximately 150 feet west of
North Highland Avenue.
Atlas Page:
261A.
Request
: Review of, and recommendation of Denial to the City Council, of a Development
Agreement between Cay 1475, LLC (the property owner) and the City of Clearwater as per
Community Development Code Section 4-606.
Type of Amendment:
Large scale.
Proposed Use:
Retail Sales and Services use of up to 8,320 square feet of non-residential floor area
(0.125 Floor Area Ratio) at a maximum height of 25 feet
Neighborhood Association(s):
Clearview Lake Estates and Clearwater Neighborhoods Coalition.
Presenter:
Catherine Lee, Planner III.
ADJOURNMENT
G.
S:\Planning Department\C D B\Agendas DRC & CDB\CDB\2011\05 May 2011\CDB Consent Agenda May, 2011.docx
Community Development Board Consent Agenda – May 17, 2011 – Page 8 of 8