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COMMUNITY DEVELOPMENT BOARD AGENDA - December 20, 2011 , LL � } �arwa �r � 12/02/2011 U AGENDA COMMUIVITY DEVELOPMENT BOARD Date: Tuesday, December 20, 2011 Time: 1:00 p.m. Place: 112 South Osceola Street, 3`d 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 a11 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 part, s�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/ og v/depts/planning Community Development Board Agenda—December 20,2011—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 NIINUTES OF PREVIOUS MEETING: November 15,2011 D. CONTINiJED ITEMS(Items 1-4): 1. Case: FLD2010-06004— 150- 190 Brightwater Drive Level Two Application Owner/Applicant: Brightwater Blue Resort,LLC Agent: Todd Pressman,Pressman&Associates(P.O. Box 6015, Palm Harbor, FL 34684 phone: 727- 804-1760; email: todd(cr��pressmaninc.com) Location: 2.07 acres located on the north side of Brightwater Drive, approximately 800 feet east of Hamden Drive Atlas Page: 276A Zoning: Tourist(T)District Request: Flexible Development application (1) to permit a Resort Attached Dwelling use of 54 units and 12 overnight accommodation units in the Tourist(T)District with a lot area of 90,596 square feet (2.07 acres), a lot width of 730 feet, a front (south) setback of 11 feet(to building) and five feet (to pavement), a side(east)setback of 10 feet(to building and pavement), a side(west)setback of 10 feet (to building and pavement), a rear (north) setback of nine feet (to building) and zero feet (to sidewalk), a building height of 48.2 feet (to top of flat roofl with an additional 15.6 feet for architectural parapets and 113 parking spaces, as a Comprehensive Infill Redevelopment Project, under the provisions of Community Development Code Section 2-803.C; and a phased development order to allow five years to submit building permits for all phases, (2) to permit a 57-slip, 6,773 square-foot Commercial Dock with an increase to the permitted width of docks from 75 percent of the waterfront lot width to 86 percent under the provisions of Community Development Code Section 3- 601. Proposed Use: Resort Attached Dwelling and Overnight Accommodations Neighborhood Association(s): Clearwater Neighborhoods Coalition and Clearwater Beach Association Presenter:A. Scott Kurleman,Planner III 2. Case: FLD2011-09029—507 Cedar Street Level Two Application Owner/Applicant: Robert F. Clayton Agent: Jay F. Myers (9170 Oakhurst Road, Suite 313, Seminole, FL 33776; phone: 727-595-7100; fax: 727-595-7138; email: myersarch(cr�,ix.netcom.com) Location: 0.08 acres located on the south side of Cedar Street, approximately 125 feet east of North Fort Harrison Avenue. Atlas Page: 268B Zoning: Commercial(C)District Request: Flexible Development application to permit a single-family detached dwelling within the Commercial (C) District with a lot size of 3,500 square feet, a lot width of 50 feet, a front (north) setback of 15 feet, a rear(south) setback of six feet, side (east and west) setbacks of six feet, a height of 13 feet, and two off-street parking spaces as a Comprehensive Infill Redevelopment Project as per Community Development Code Section 2-704.C. Proposed Use: Detached Dwelling Neighborhood Association(s): Clearwater Neighborhood Coalition and Old Clearwater Bay Presenter: Robert G. Tefft,Development Review Manager Community Development Board Agenda—December 20,2011—Page 2 of 8 . 3. Case: FLD2011-09032-1305 Franklin Street Level Two Application Owner: Robert N.Lynch,as Bishop of the Diocese of St.Petersburg,A Corporation Sole Applicant: Catholic Charities Community Development Corporation Agent: Frank Murphy (P.O. Box 40200, St. Petersburg, FL, 33743; phone: 727-344-1611; fax: 727- 374-0209; email: fmur�hv(cr�,ccdosp.org) Location: 1.02 acres on the north side of Franklin Street,approximately 145 feet east of Betty Lane Atlas Page: 287B Zoning: Institutional (I)District Request: Flexible Development application to permit a Residential Shelter in the Institutional (I) District with a lot area of 44,431 square feet, a lot width of 232 feet, a front(north) setback of 28 feet (to existing building), a side (east) setback of zero feet(to existing driveway), a side(west) setback of 5.2 feet (to existing pavement and covered parking structure), a rear (south) setback of 210 feet (to existing covered parking structure), a building height of 23 feet(to midpoint of pitched roo fl and five parking spaces, as a Comprehensive Infill Redevelopment Project under the provisions of Community Development Code (CDC) Section 2-1204.A and reduction to the south and east perimeter landscape buffers from five feet to zero feet, a reduction to a portion of the west perimeter landscape buffer from 10 feet to 5.2 feet and the remainder of the buffer from five feet to zero feet and a reduction in the amount of required interior landscaping from 437 square feet to 177 square feet, as a Comprehensive Landscape Program under the provisions of CDC Section 3-1202.G. Proposed Use: Residential Shelter Neighborhood Association(s): Clearwater Neighborhood Coalition, East Gateway Business and Neighbors Association Presenter: Matthew Jackson,Planner II 4. Case: TA2011-10002—Amendments to the Community Development Code Level Three Application Applicant: City of Clearwater Request: Amendments to the Community Development Code providing for public food service establishments with a permit to allow patrons' dogs on the premises in designated outdoor seating areas. Neighborhood Association: Clearwater Neighborhoods Coalition. Presenter: Lauren Matzke,AICP, Planner III. E. LEVEL TWO APPLICATIONS(Items 1-6): l. Case:FLD2011-10036—521 Chestnut Street Level Two Application Owner/Applicant: James P. Gills IIUFSH7,LLC. Agent: Braulio Grajales, P.E. (630 Chestnut Street, Clearwater, FL 33756; phone: 727-723-3771; fax: 727-723-7150; email: b raiales o,hpe-fl.com) Location: 0.29 acres located on the south side of Chestnut Street approximately 165 feet east of South Fort Harrison Avenue Atlas Page: 295B E�sting Zoning: Downtown(D)District Request: Flexible Development application to permit a medical clinic within the Downtown (D) District with a building height of 15.5 feet and 16 parking spaces as a Comprehensive Infill Redevelopment Project under the provisions of Community Development Code Section 2-903.C. Proposed Use: Medical Clinic Neighborhood Associations: Clearwater Beach Association and Old Clearwater Bay Neighborhood Coalition Presenter: Ellen Crandall,Planner II Community Development Board Agenda—December 20,2011—Page 3 of 8 2. Case: FLD201 1-09034— 1698 Gulf to Bay Boulevard Level Two Application Owner/Applicant:Nikjeh Properties,LLC/Thornton's Inc. Agent: Robert Pierro, Avid Group (2300 Curlew Road, Suite 201, Palm Harbor, FL 34683; phone: 727-789-9500; fax: 727-784-76662; email: bob.pierro(a�avidgroup.com) Location: 1.12 acres located at the northwest corner of Gulf to Bay Blvd and Duncan Avenue Atlas Page: 288B Existing Zoning: Commercial(C)District Request: Flexible Development application to permit an automobile service station in the Commercial (C) District with a lot area of 48,960 square feet, lot widths of 175 feet(along Gulf to Bay Blvd.) and 280 feet(along Duncan Avenue), a building height of 24 feet(to top of parapet), front(south) setbacks of 16 feet(to pavement) and 58.47 feet (to canopy), front(east) setbacks of 10 feet(to pavement) and 34.42 feet(to canopy), side (west) setbacks of five feet (to pavement) and 34.43 feet(to canopy), side (north) setbacks of 20 feet(to pavement) and 82.66 feet(to building), and 19 off-street parking spaces as a Comprehensive Infill Redevelopment Project under the provisions of Community Development Code Section 2-704.C. Proposed Use:Automobile Service Station Neighborhood Associations: Skycrest Neighborhood Association and Clearwater Neighborhoods Coalition Presenter: Matthew Jackson,Planner II 3. Case: FLD2011-09031 — 1421 S. Missouri Ave. Level Two Application Owner/Applicant: Salvatore Belloise Agent: Renee Ruggiero, Northside Engineering Services, Inc. (300 S. Belcher Road, Clearwater, FL 33756;phone: 727-443-2869; fax: 727-443-8036; email: brenee�a,northsideengineerin .g net). Location: 0.24 acres located on the east side of S. Missouri Avenue approximately 380 feet south of the intersection of S. Missouri Avenue and Lakeview Avenue Atlas Page: 314B Existing Zoning: Commercial(C)District Request: Flexible Development application to permit 2,245 square feet of retail sales and services and 800 square feet of office use in the Commercial (C)District within an existing building with a lot area of 10,463 square feet, a lot width of 104 feet, front(west) setbacks of 1.2 feet(to existing building)and zero feet(to existing pavement), side(north) setback of 10.2 feet(to existing building)and zero feet(to existing pa�ement), side (south) setbacks of 37 feet (to existing building) and zero feet (to existing pavement),rear(east) setbacks of 18.5 feet(to existing building)and zero feet(to existing pa�ement), a building height of 11 feet(to top of flat roo fl and 14 feet(to top of parapet), and 12 off-street parking spaces as a Comprehensive Infill Redevelopment Project under the provisions of Community Development Code (CDC) Section 2-704.C., as well as reductions to the front(west) landscape buffer from 15 feet to zero feet, the side (south) landscape buffer from five feet to zero feet, the side (north) landscape buffer from five feet to zero feet,the rear(east)landscape buffer from five feet to zero feet, a reduction to the foundation landscape requirements from five feet to zero feet and a reduction to the interior landscape requirement from 10 percent to zero percent under the provisions of CDC Section 3- 1202.G. Proposed Use: Office Neighborhood Associations: Lake Bellevue Neighborhood Association and Clearwater Neighborhoods Coalition Presenter:Kevin W.Nurnberger,Planner III Community Development Board Agenda—December 20,2011—Page 4 of 8 4. Case: FLD2011-10038—2099 N Highland Avenue Level Two Application Owner: El Amir of Tampa Agent: Renee Ruggiero, Northside Engineering Services, Inc (300 Belcher Road, Clearwater, FL 33756; phone: 727-443-2869; fax: 727-235-8475) Location: 0.918 acres located at the southeast corner of Highland Avenue and Union Street. Atlas Page: 252A Zoning: Commercial(C)District Request: Flexible Development application to permit an Automobile Service Station use consisting of six gas dispensers as part of an existing shopping center in the Commercial (C) District with a lot area of 39,956 square feet, lot widths of 190.03 feet(Highland Ave) and 190.04 feet(Union St), front (north) setbacks of 10 feet (to existing parking) and 39.1 feet (to existing building), front (west) setbacks of 10 feet (to existing parking) and 54 feet (to proposed canopy), side (south) setbacks of five feet(to existing parking) and 20.9 feet(to existing building), side (east) setbacks of 19.8 feet (to existing building) and eight feet (to existing pavement), a building height of 13 feet (to flat roof of existing building)and 17.5 feet(to flat roof of proposed canopy) and 38 off-street parking spaces as a Comprehensive Infill Redevelopment Project under the provisions of the Community Development Code (CDC) Section 2-704.C; as well as a reduction to the width of the north perimeter landscape buffer from 15 feet to 10 feet, a reduction to the width of the east perimeter landscape buffer from 10 feet to eight feet, a reduction to the width of the west perimeter landscape buffer from 15 feet to 10 feet, a reduction of the interior landscaping from 2,508 square feet to 1,395 square feet, and the removal of the required foundation landscaping along the west building facade as a Comprehensive Landscape Program under the provisions of CDC Section 3-1202.G. Proposed Use: Automobile Service Station Neighborhood Association(s): Clearwater Neighborhood Coalition and Clearview Lake Estates Homeowners Association Presenter: Matthew Jackson,Planner II 5. Case: FLD2011-10039—220 Tulane Road Level Two Application Owner: /Applicant: 220 Tulane,LLC Agent: John Mueller, P.E., Howard Civil Engineering (4805 Independence Pkwy, Suite 250B, Tampa, FL 33634; phone: 813-341-0496; fax: 831-341-0498; email: john(c�howardcivilen in�eerin .g com) Location: 0.41 acres on the west side of Tulane Road,approximately 200 feet north of Drew Street Atlas Page: 280A Zoning: Medium Density Residential(MDR)District Request: Flexible Development application to permit the expansion of a parking lot serving existing attached dwellings in the Medium Density Residential (MDR) District with a front (east) setback of 10 feet(to pavement)where 10 feet is allowable as a Residential Infill Project under the provisions of Community Development Code Section 2-304.G. Proposed Use: Attached Dwellings Neighborhood Association(s): Clearwater Neighborhood Coalition and Skycrest Neighborhood Association Presenter: Kevin W.Nurnberger, Planner III Community Development Board Agenda—December 20,2011—Page 5 of 8 6. Case: FLD2011-10037—2000 Calumet Street Level Two Application Owner: /Applicant: Church of Scientology/Flag Service Organization, Inc. Agent: Cornoyer Construction(1476 Cleveland Street,Clearwater, FL 33755; phone: 727-442-5231) Location: The 5.0 acre property is located on the northeast corner of Hercules Avenue and Calumet Street. Atlas Page: 262B Zoning: Industrial,Research, and Technology(IRT)District Request: Flexible Development application to permit a 12,000 square foot building addition to an existing 59,943 square foot warehouse in the Industrial, Research and Technology(IRT)District with a lot area of 217,800 square feet, lot widths of 658 feet (Calumet Street) and 328 feet (Hercules Avenue), front (south) setbacks of 47 feet (to existing pavement) and 59 feet (to existing building), front(west) setbacks of 79 feet(to existing pavement) and 50 feet(to existing building), side (north) setbacks of 27 feet (to existing pavement) and 24 feet (to proposed building), side (east) setbacks of 140 feet(to existing pavement)and 157 feet(to proposed building), building heights of 15 feet(to top of flat roof of proposed addition) and 19.2 feet(to top of roof of existing building), and 12 off-street parking spaces as a Comprehensive Infill Redevelopment Project under the provisions of Community Development Code Section 2-1304.C. Proposed Use: Warehouse Neighborhood Association(s): Clearwater Neighborhood Coalition Presenter: Kevin W.Nurnberger, Planner III F. LEVEL THREE APPLICATION (Items 1-5): 1. Case: TA201 1-1 1004—Amendments to the Community Development Code Level Three Application Applicant: City of Clearwater Request: Amendments to the Community Development Code regarding numerous provisions including minor corrections to the general purposes of the development code, adding language pertaining to setbacks for parking lots, changing the threshold pertaining to when parking demand studies are required, revising how information is conveyed within the code as it pertains to temporary uses, amending the submittal requirements for various development approvals, relocating certain language pertaining to Business Tax Receipts within the code, allowing for the submittal of zoning atlas amendments without the submittal of an application for development approval, allowing the processing of Development Agreements without the submittal of an application for development approval, revising the language regarding nonconformities to make it more consistent with the stated purpose of those provisions. Neighborhood Association: Clearwater Neighborhoods Coalition Presenter: Robert G. Tefft,Development Review Manager Community Development Board Agenda—December 20,2011—Page 6 of 8 2. Case:DVA2008-OOOOlA—100 Coronado Drive Level Three Application Applicant: K&P Clearwater Estate,LLC Agent: J. Paul Raymond, Esq., Macfarlane, Ferguson & McMullen (625 Court Street, Suite 200, Clearwater,Florida, 33756;phone: 727-441-8966; fax: 727-442-8470) Location: 2.75 acres located directly south of Pier 60 between Coronado Drive and South Gulfview Boulevard,north of Second Street Atlas Page: 276A Zoning: Tourist(T)District Request: Review of, and recommendation to the City Council, of an amendment to the first amended and restated Development Agreement between K & P Clearwater Estate, LLC (the property owner) and the City of Clearwater Proposed Use: Overnight accommodations use of a total of 450 rooms (163.6 rooms/acre on total site) and a maximum of 37,000 square feet (031 FAR on total site) of amenities accessory to the hotel at a height of 150 feet(to roof deck) Neighborhood Association: Clearwater Neighborhoods Coalition and Clearwater Beach Association Presenter:Robert G. Tefft,Development Review Manager 3. Case: LUP2011-09003 — 2750 and 2754 Sunset Point Road (Related to REZ2011-09006, DVA2011-10001) Level ThreeApplication Owner/Applicant: Aviation Engineering Consultants Sunset Point, LLC Representative: Roger A. Shinholser, Scientists and Engineers, Inc. (1280 Heather Ridge Boulevard, Dunedin,FL 34698; phone: 727-738-9025; fax: 727-738-9505) Location: 6.571 acres located on the north side of Sunset Point Road approximately 477 feet west of Soule Road. Atlas Page: 255A Request: Future Land Use Map amendment from Institutional(I)to Industrial Limited(IL). Type of Amendment: Small scale Proposed Use: Manufacturing Neighborhood Association(s): Clearwater Neighborhoods Coalition Presenter: Catherine Lee,Planner III 4. Case: REZ2011-09006 — 2750 and 2754 Sunset Point Road (Related to LUP2011-09003, DVA20ll-10001) Level Three Application Owner/Applicant: Aviation Engineering Consultants Sunset Point, LLC Representative: Roger A. Shinholser, Scientists and Engineers, Inc. (1280 Heather Ridge Boulevard, Dunedin,FL 34698; phone: 727-738-9025; fax: 727-738-9505) Location: 6.571 acres located on the north side of Sunset Point Road approximately 477 feet west of Soule Road. Atlas Page: 255A Request: Zoning Atlas amendment from Institutional (I) to Industrial, Research and Technology (IRT) Type of Amendment: Small scale Proposed Use: Manufacturing Neighborhood Association(s): Clearwater Neighborhoods Coalition Presenter: Catherine Lee,Planner III Community Development Board Agenda—December 20,2011—Page 7 of 8 5. Case: DVA2011-10001 — 2750 and 2754 Sunset Point Road (Related to LUP2011-09003, REZ2011-09006) Level Three Application Owners/Applicant: Aviation Engineering Consultants Sunset Point,LLC Representative: William J. Kimpton, Esquire, (605 Palm Boulevard, Suite B, Dunedin, FL 34698; phone: 727-733-7500; fax: 727-733-7511) Location: 6.571 acres located on the north side of Sunset Point Road approximately 477 feet west of Soule Road. Atlas Page: 255A Request: Review of a proposed Development Agreement between Aviation Engineering Consultants Sunset Point, LLC (the developer) and the City of Clearwater under the provisions of Community Development Code Section 4-606. Proposed Use: Manufacturing use of up to 130,000 square feet of floor area(0.45 Floor Area Ratio) at a m�imum height of 35 feet Neighborhood Association(s): Clearwater Neighborhoods Coalition Presenter: Catherine Lee,Planner III G. CONSIDERATION OF APPEAL(Item 1): 1. Case: APP2011-00006 Appellant: Avi Ovaknin, Surf West, Inc. Agent: Alex Plisko, Plisko Architecture, PA (800 Drew Street, Clearwater, FL 33755; phone: 727- 442-7200; fax: 727-461-0030). Request: An appeal of an administrative interpretation of Sections 3-913 (outdoor display/storage) and 3-1502.F.1. (exterior storage and display/nonresidential properties), Community Development Code, denying outside display at 311 Gulfview Boulevard. Neighborhood Association(s): Clearwater Neighborhoods Coalition Presenter: Michael Delk,Planning&Development Director H. ADJOURNMENT Community Development Board Agenda—December 20,2011—Page 8 of 8