MINUTES FOR APPROVAL - 05/21/2013COMMUNITY DEVELOPMENT BOARD MEETING MINUTES
CITY OF CLEARWATER
May 21, 2013
Awaiting approval
Present: Chair Thomas Coates, Vice-Chair Frank L. Dame, Member Richard Adelson,
Member Brian A. Barker, Member Kurt B. Hinrichs, Member Norma R. Carlough,
Member ponald van Weezel, Acting/Alternate Member John Funk
Also Present: Attorney for the Board Jay Daigneault, Assistant City Attorney Leslie
Dougall-Sides, Planning & Development Director Michael L. Delk, Development Review
Manager Robert Tefft, Board Reporter Patricia O. Sullivan
A. CALL TO ORDER, INVOCATION, PLEDGE OF ALLEGIANCE
The Chair called the meeting to order at 1:00 p.m.
B. ROLL CALL: Chair Coates, Vice Chair Dame, Members Adelson, Barker,
Carlouqh, Hinrichs, van Weezel Alternate Member Funk, Citv Staff
C. APPROVAL OF MINUTES OF PREVIOUS MEETINGS: April 16, 2013 & April
29, 2013
Member Dame moved to approve the minutes of the regutar Community Development
Board meeting of April 16, 2013 and Special Community Development Board meeting of
April 29, 2013, as recorded and submitted in written summation to each board member.
I he motion was duly seconded and carried unanimously. Alternate Member t=unk did
not vote.
D. WITHDRAWN: (Item 1)
1. Case: APP2013-00001 - 1390 Sunset Point Road Appellant: Tammy Stricklinq
�1230 S. Myrtle Avenue Suite 404, Clearwater, FL 33756; phone: 727-470-4153;
email: ed(c�suncoastrehabcenter.com)
Request: An appeal of a Level One (Flexible Standard Development) application
decision pursuant to Section 4-501.A.3., Community Development Code (CDC),
that a request to permit a Halfwav House use in the Institutional (I) District with a
lot area of 326 226 square-feet; lot of 433.96 feet (alonq Sunset Point Road)
and 1 063.83 feet (alonq King's Hiqhway�; front (south) setbacks of 80 feet (to
pavement� and 249 feet (to building�; front (east) setbacks of 15 feet (to
pavement) and 121 feet (to building); side (west) setbacks of 15 feet (to
structure), 24 feet (to pavement), and 20 feet �to buildina); side (north) setbacks
of 390 feet (to pavement) and 470 feet (to buildinq); a building height of 24 feet;
and 93 off-street parkinq spaces under the provisions of the Section 2-1203.D.,
Community Development 5/21/2013
CDC is inconsistent with the General Standards for Level One Approvals as set
forth in Sections 3-914.A.1. 3-914.A.2. 3-914.A.3. and 3-914.A.5., CDC.
Proposed Use: Halfway House
Neighbo��hood Associations: Clearwater Neiqhborhoods Coalition
Presenter: Kevin Nurnberger, Planner III
For Letter re Case APP2013-00001 see Agendas\Community Development Board�2010
s�2013\05/21 /2013
Case APP2013-00001 was withdrawn.
E. REQUESTS FOR CONTINUANCE: (Items 1-3) (Continue to June 18, 2013)
1. Case: FLD2013-03010 - 1498 Belleair Road Level Two Application
Owner: S. Murphy Enterprises, Inc.
Aaent• Adam Carneqie AICP Stantec (2205 N 20th Street, Tampa, FL 33605;
phone: 813-223-9500� email: adam.carneqie(c�stantec.com)
Location: 0.575 acre located at the northwest corner of Belleair Road and
Highland Avenue.
Atlas Page: 315A
Zoning: Commercial (C) District
Request: Flexible Development application to permit a 3,016 square-foot
automobile service station in the Commercial (C� District with a lot area of 25,050
square-feet lot widths of 167 feet (alonq Belleair Road) and 150 feet (alonq
Highland Avenue) buildinq heiqhts of 14 feet (to midpoint of pitched roof of
existinq buildinq) and 17.5 feet (to top of proposed qas pump canopv), front
(southj setbacKS of Ly.Sb teei (to canopy) and 5.U4 teet lto pavemeni), ironi
�east) setbacks of 38.45 feet (to canopv) and 13.97 feet (to pavement), side
(north) setbacks of 10.1 feet (to buildinq) and five feet (to pavement), a side
(west) setback of 9.98 feet (to building) and 11 off-street parkinq spaces, as a
Comprehensive Infill Redevelopment Project, pursuant to Communitv
Development Code (CDC) Section 2-704.E. alonq with reductions of the front
(south) landscape buffer from 15 feet to 5.04 feet (to pavement), the front (east)
landscape buffer from 15 feet to 13.97 feet (to pavement), the area of interior
landscapinq from 1 484 square-feet to 268 square-feet, eliminate 57 linear feet
of the required foundation plantin�s alonq the front (east� fa�ade of the buildinq,
and eliminate the shrubs required in the foundation plantinqs alona the front
(south) facade of the buildinq as part of a Comprehensive Landscape Proqram
under the provisions of 3-1202.G.
Proposed Use: Automobile Service Station
Neiqhborhood Associations: Clearwater Neiqhborhoods Coalition, Lake Bellevue
Neighborhood Association and Brookhill Ambassadors Neighborhood
Association
Presenter: Matt Jackson, Planner III
Community Development 5/21/2013
For Memorandum re Case FLD2013-03010 see Agendas\Community Development
Board�2010 s�2013\05/21/2013
Member van Weezel moved to continue Case FLD2013-03010 to June 18, 2013. The
motion was duly seconded and carried unanimously. Alternate Member Funk did not
vote.
2. Case� LUP2013-02001 - 150 McMullen Booth Road (Related to REZ2013-
02001 Level Three Application
Owner/Applicant� First Baptist Church of Clearwater a/k/a Calvarv Baptist Church
Representative� Brian Aunqst Jr. Macfarlane Ferquson & McMullen, P.A. (PO
Box 1669 Clearwater FL 33757� phone: 727-444-1403; email:
bia�a�macfar.com)
Location: 3.61 acres located on the west side of McMullen Booth Road
approximatelv 100 feet south of Cherry Lane
Atlas Paqe: 292A
Request� Future Land Use Map amendment from Residential/Office Limited
jR/OL) to Institutional (I)
ype of Amendment: Small scale
Proposed Use: Place of Worship
Neiqhborhood Association(s): Clearwater Neighborhoods Coalition, Del Oro
Groves N.A.
Presenter: Catherine Lee, AICP, Planner III
For Memorandum re Case LUP2013-02001 see Agendas\Community Development
�soard�u-iu s'�ui3�u5i2 ii2u i3
Member Barker declared a conflict of interest.
Acting Member Funk moved to continue Case LUP2013-02001 to June 18, 2013. The
motion was duly seconded. Members Dame, Adelson, Hinrichs, Carlough, and van
Weezel, Chair Coates, and Acting Member Funk voted "Aye"; Member Barker
abstained. Motion carried unanimously.
3. Case: REZ2013-02001 - 150 McMullen Booth Road (Related to LUP2013-
02001 Level Three Application
Owner/Applicant: First Baptist Church of Clearwater a/k/a Calvary Baptist Church
Representative: Brian Aungst, Jr., Macfarlane Ferquson & McMullen, P.A. (PO
Box 1669 Clearwater, FL 33757; phone: 727-444-1403; email:
Ja(a�macfar.com)
Location: 3.61 acres located on the west side of McMullen Booth Road
approximate1�100 feet south of Cherry Lane
Atlas Paqe: 292A
Community Development 5/21/2013
Request� Zoninq Atlas amendment from Office (0) to Institutional (I)
Proposed Use: Place of Worship
Neighborhood Association(s): Clearwater Neiqhborhoods Coalition, Del Oro
Groves N.A.
Presenter: Catherine Lee, AICP, Pfanner III
For Memorandum re Case REZ2013-02001 see Agendas\Community Development
Board�2010 s�2013\05/21/2013
Member Barker declared a conflict of interest.
Member Dame moved to continue Case REZ2013-02001 to June 18, 2013. The motion
was duly seconded. Members Dame, Adelson, Hinrichs, Carlough, and van Weezel,
Chair Coates, and Acting Member Funk voted "Aye"; Member Barker abstained. Motion
carried unanimously.
F. CONSENT AGENDA: The followinq cases are not contested bv the
applicant, staff, neiqhborinq propertv owners, etc. and will be approved bv
a sinqle vote at the beqinninq of the meetinq: (Items 1-6) Less Items 1, 3, 4,
5
1.
PULLED FROM CONSENT AGENDA
Case: FLD2013-02003 - 1510 Barrv Road Level Two Application
Owner: Steve Band� Clearwater Professional Plaza, LLC.
Aqent� Steve Band� Clearwater Professional Plaza, LLC (1991 Main Street Box
183 Sarasota FL 34236� Phone: 941-365-0200; email: sband(a�epmqrp.com)
Location� 2 14 acres on fhe north side ot �iarry Koad approximaiely 3:iU Teei easi
of Highland Avenue
Atlas Paqe: 307A
Zoning� Office (0) District� Low Medium Density Residential (LMDR) District
Character District: N/A
Request� Flexible Development application to permit a school (arades
kinderqarten throuqh eiqhth with up to 512 students) with a heiqht of 22 feet, a
front (south) setback of nine feet (to buildinq) and zero feet (to parkinq), a front
�north) setback of three feet (to parking), a side (east) setback of 74 feet (to
buildinc� and 2.6 feet (to parking a side (west) setback of zero feet (to buildinq
and parkinq) a rear (north) setback of 33 feet (to buildinq) and 4.7 feet (to
parking and solid waste enclosure) and 90 parkinq spaces (0.18 spaces per
student) in the Office (0) District as a Comprehensive Infill Redevelopment
Prolect under the provisions of Community Development Code (CDC) Section 2-
1004.A� to permit non-residential off-street parkinq with a front (south) setback of
12 feet to pavement) and side (east) setback of 35 feet and a rear (north)
setback of 37 feet (both to pavement) in the Low Medium Density Residential
(LMDR) district as a Residential Infill Project under the provisions of CDC
Community Development 5/21/2013
Section 2-204 A and to reduce the front (south) landscape buffer from 10 feet to
three feet (to concrete wall) and zero feet (to parkinq), reduce the front (north)
landscape buffer from 10 feet to three feet (to parkin�, reduce the side (east)
landscape buffer from 12 feet to 2.6 feet (to parkina), reduce the side (west)
landscape buffer from five feet to zero feet (to buildinq and parkinq), increase the
number of parkinq spaces in a row from 10 spaces to 11 spaces reduce the
required number of canopv trees and eliminate the required foundation plantinqs
along the front (south) fa�ade of two existina buildinqs as part of a
Comprehensive Landscape Program under the provisions of CDC Section 3-
1202.G.
Proposed Use: School (O district); non-residential off-street parkinq (LMDR
d istrict
Neiqhborhood Associations: Clearwater Neighborhood Coalition
Presenter: Mark T. Parry, AICP, Planner III
For Staff Report re FLD2013-02003 see Agendas\Community Development Board�2010
s�2013\05/21 /2013
Member Barker moved to accept Mark Parry as an expert witness in the fields of
redevelopment planning, comprehensive planning, annexation implementation, zoning,
land use/rezoning applications, land development general planning code amendments,
landscape ordinance, and special area plans/overlay districts. The motion was duly
seconded and carried unanimously. Alternate Member Funk did not vote.
Planner III Mark Parry reviewed the Staff Report.
Appiicant representative Kober't rergoiizzi saia ihe tius era onice buiiding is yu io
vacant; similar office buildings typically share neighborhoods with residential uses. He
said the site has sufficient parking for an elementary/middle charter school. He said the
school would generate more traffic than a fully staffed office building; however, most
traffic movement will be from 8:00 to 8:30 a.m. and 2:30 to 3:00 p.m. A traffic study,
which also considered nearby traffic signals, determined nearby roads would maintain
an acceptable LOS (Level of Service) of D or better when the school opens. The traffic
queue for student drop off/pickup will circulate onsite.
Four people spoke in opposition to the school, expressing concerns regarding
incompatibility with a nearby ACLF (Adult Congregate Living Facility), noise, traffic,
trash, construction, and dangers related to Stevenson Creek. One person spoke in
support.
Mr. Parry said the traffic impact study anticipates most traffic will arrive from the west.
The playground will be on the property's southwest corner, away from the ACLF and
other uses to the north. He said a 15 mph speed zone will be in effect when students
are dropped off and picked up. There will be no bus traffic.
Community Development 5/21/2013 5
Mr. Pergolizzi said the school plans to open in August 2014. He said fencing will be
installed between the property and creek. He said there will be no PA announcements,
cafeteria, or meal preparation. He said the property is a sufficient distance frorn
Highland Avenue to assuage traffic concerns. He said the City has a traffic calming
program if needed.
Concern was expressed that vehicles parked in the handicapped space in the drive
aisle will be difficult to access and could cause an accident. Mr. Parry said school staff
will direct the slow moving, one-way traffic before and after school. Mr. Pergolizzi said
the parking space is sufficiently sized and complies with Code but possibly could be
relocated. Discussion ensued regarding ADA (Americans with Disabilities Act)
requirements. It was indicated this space is closest to the door.
Member Dame moved to approve Case FLD2013-02003 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 of Law stated in the Staff Report
with conditions of approval as listed, plus conditions: 1) the handicapped parking space
be relocated, if possible, out of the drive aisle to an ADA approved location and 2) a
fence, at least 5-feet high, be erected between the school property and Stevenson
Creek to protect students. The motion was duly seconded and carried unanimously.
Alternate Member Funk did not vote.
2. Case: FLD2012-11025 - 707 E Druid Road Level Two Application
Owner: Community Health Center of Pinellas, Inc.
Aaent: Roland P. Dove Spring Enqineerinq Inc. (3014 US Hiqhwav 19 N,
Hoiiday rL ;�4riy�; pnone: 727-y38-�i5`ib; emaii: sei2�a�verizon.neii
Location: 1.996 acres located on the west side of S. Myrtle Avenue between
Druid Road and Jasmine Wav.
Atlas Paqe: 295B
Zoninq: Office (0) and Industrial/ Research and Technoloqy (IRT) Districts
Request: Flexible Development application to permit an additional 3,000 square-
feet of Medical Clinic use in the Office (0) and Industrial Research and
Technoloqy (IRT) Districts for an existinq Medical Clinic with a lot area of 87,103
square-feet lot widths of 249.68 feet (S. Myrtle Avenue), 300.56 feet (Druid
Road) and 322.76 feet (Jasmine Way�, front (north) setbacks of 191.78 feet (to
proposed parkinc� and 115 6 feet (to proposed buildinq front (south) setbacks
of 17 feet (to proposed parkinq) and 87.27 feet (to proposed buildinq), front
�east) setbacks of 191 feet (to proposed parkinq) and 197.5 feet (to proposed
building) and side (west) setbacks of 54 feet (to proposed parkinq) and 78.67
feet (to proposed building), a buildin.q hei_qht of 17.25 feet (to midpoint of pitched
roof of proposed building) and 70 off-street parkinq spaces as a Comprehensive
Infill Redevelopment Project pursuant to Communitv Development Code (CDC)
Sections 2-1003.D and 2-1304.D; and a reduction to the width of the required
Community Development 5/21/2013 6
north perimeter landscape buffer from 15 feet to 10.58 feet, a reduction to the
width of the required east landscape buffer from 15 feet to 10.72 feet, a
reduction to amount of required perimeter landscaping in the west perimeter
buffer as well as fihe landscapinc�in a portion of the north and south perimeter
buffers and the elimination of required foundation plantinq accent trees for the
�roposed building as a Comprehensive Landscape Program under provisions of
Community Development Code Section 3-1202.G
Proposed Use: Medical Clinic
Neighborhood Associations: Clearwater Neiqhborhoods Coalition and Harbor
Oaks Neiqhborhood Association
Presenter: Matt Jackson, Planner III
For Staff Report re FLD2012-11025 see Agendas\Community Development Board�2010
s�2013\05/21 /2013
See page 8 for Motion of Approval.
3. PULLED FROM CONSENT AGENDA
Case: FLD2013-03011 - 655 South Gulfview Boulevard Level Two Application
See below.
4, PULLED FROM CONSENT AGENDA
Case: FLD2013-02005 — 407 South Arcturas Avenue Level Two Application
See below.
5.
PULLED FROM CONSENT AGENDA
Case: FLD2013-02007 - 40 Devon Drive Level Two Application
See below.
6. Case: TA2013-03001 - Amendments to the Community Development Code
Leve! Three Application
Applicant: City of Clearwater
Request: Amendments to the Clearwater Community Development Code
definitions to provide a revised definition for family and a new definition for
housekeepinq unit consistent with the terms of the conciliation/voluntary
compliance agreement entered into by and between the United States
Department of Housing and Urban Development and the City of Clearwater
Neiqhborhood Association: Clearwater Neiqhborhoods Coalition
Presenter: Lauren Matzke, AICP, Lonq Ranqe Planninq Manaqer
Community Development 5/21/2013
For Staff Report re TA2013-03001 see Agendas\Community Development Board\2010
s�2013\05/21 /2013
Member Dame moved to approve Case FLD2012-1'�025 and to recommend approval of
Case TA2013-03001 on today's Consent Agenda based on evidence in the record,
including the applications and the Staff Reports, and hereby adopt the Findings of Fact
and Conclusions of Law stated in the Staff Reports, with conditions of approval as
listed. The motion was duly seconded and carried unanimously. Alternate Member
Funk did not vote.
3. Case: FLD2013-03011 - 655 South Gulfview Boulevard Level Two Application
Owner: Clearwater Grande Development, LLC
Aqent: Housh Ghovaee, CEO and Renee Ruggiero, Senior Project Planner,
Northside Enaineerinq Services, Inc. (300 S. Belcher Road, Clearwater, FL
33765� phone: 727-446-8036; email: Renee(c�northsideengineerinq.net)
Location: 1.437 acres on the south side of S. Gulfview Boulevard, approximately
894 feet west of Gulf Boulevard
Atlas Page: 285A
Zoninq: Tourist (T) District
Request: Flexible Development application to permit a 171-room overniqht
accommodation use in the Tourist (T) District with a lot area of 62,620 square-
feet (1.437 acres); a lot width of 248 feet (along South Gulfview Boulevard); front
(north) setbacks of zero feet (to existinq brick pavers , 0.8 feet (to existinq
covered wood deck�, 1.8 feet (to proposed decorative canopy�, five feet (to
proposed buildinq), and 8.1 feet (to proposed parking spaces); side (east)
setbacks of zero feet (to existinq wood frame structure and deck), 6.5 feet (to
structure), and 10 feet (to existing buildinq); side (west) setbacks of zero feet (to
proposed walkway�, 6.8 feet (to proposed canopy) and 8 feet (to proposed
buildinq); rear (south) setbacks of zero feet (to existinq brick paver pool deck),
14 feet (to covered wood structure), 14.6 feet (to proposed pool), 15.8 feet (to
existing pool), 20.6 feet (to proposed buildinq), and 26.6 feet (to existinq
buildinq); a buildinc�,heiqht of 49.5 feet from base flood elevation (to roof for
existing Qualitv Inn hotel); a buildinq heiqht of 134 feet (from base flood
elevation to the roof slab) and 140.2 feet (from base flood elevation to mid-point
of mansard roof for proposed Hampton Inn & Suites hotel); and 206 off-street
parkina spaces as a Comprehensive Infill Redevelopment Project pursuant to
Community Development Code Section 2-803.D; and an increase in the
maximum allowable density through the allocation of 80 units from the Hotel
Densitv Reserve created pursuant to Beach by Design as well as a reduction to
the required foundation landscaping area width from five feet to zero feet as a
�art of a Comprehensive Landscape proqram pursuant to Community
Development Code section 3-1202.G.
Proposed Use: Overniqht Accommodations
Neiqhborhood Associations: Clearwater Beach Association and Clearwater
Community Development 5/21/2013
Neiqhborhoods Coalition
Presenter: Kevin W. Nurnberqer, Planner III
For Staff Report re FLD2013-03011 s�e Agendas\Community Development B�ard�2010
s�2013\05/21 /2013
Member van Weezel moved to accept Kevin Nurnberger as an expert witness in the
fields of zoning, site plan analysis, planning in general, and code enforcement: The
motion was duly seconded and carried unanimously. Alternate Member Funk did not
vote.
Planner III Kevin Nurnberger reviewed the Staff Report.
Applicant attorney Katie Cole �eviewed reductions to the building's mass done in
response to City Council concerns. She discussed the project and its consistency with
Beach by Design for the Clearwater Pass District as outlined in the Staff Report. She
said the project will revitalize an existing property with 10 units from the City's density
pool and construct a new hotel with 80 units from the pool.
Four people spoke in opposition with concerns that the project lacks sufficient
landscaping, is too large for the lot, features a massive parking garage lit at night,
reduces green space, blocks views and sunlight, devalues nearby properties,
diminishes the beauty of the tourist district, creates a canyon effect along Gulfview
Boulevard, and its entertainment venues may increase neighborhood noise.
Mr. Nurnberger said Beach by Design would allow a height of 150 feet. The project has
foundation landscaping; perimeter landscaping is not required in the Tourist District.
The adjacent hotel was built on the property line; this project has a 10 foot setback and
meets Code. The property can retain its nonconformity status.
In response to a concern, Attorney Cole said the project adheres to design, separation,
and height guidelines in Beach by Design, which sets precedent. She said the 10-foot
walkway at the west property line provides beach access for the adjacent property.
It was stated a 20 foot buffer would exist had the Econo Lodge been constructed 10 feet
from the property line. Concern was expressed the project blocks scenic views on
Gulfview Boulevard, a scenic corridor, lacks enhanced landscaping, is not in harmony
with adjacent properties, is inadequately separated from adjoining properties, will impair
the value of adjacent properties, and its trash containers will front the pedestrian
sidewalk. It was stated board decisions must adhere to law. Discussion ensued
regarding Beach by Design; its flexibility encourages beach redevelopment. It was
commented the project implements Council efforts to develop mid-priced hotel rooms on
the beach.
Community Development 5/21/2013 9
Member Barker moved to approve Case FLD2013-03011 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 of Law stated in the Staff Report
with conditions of approval as listed. The motion was duly seconc�ed and carried
unanimously. Alternate Member Funk did not vote.
4. Case: FLD2013-02005 - 407 South Arcturas Avenue Level Two Application
Owner/Applicant: Arcturas 407, LLC
Agent: Steve Spencer, Spencer & Associates Architects (PO Box 306 Indian
Rocks Beach, FL 33785; phone: 727-449-2724; email: sjs(a�spencerarch.com)
Location: 0.39 acre located on the east side of South Arcturas Avenue
approximately 260 feet north of Gulf to Bav Boulevard
Atlas Paqe: 289A
Existinc�Zoninq: Commercial (C) District
Request: Flexible Development application to permit a 5,200 square-foot Indoor
Recreation/Entertainment use (martial arts studio) in the Commercial (C) District
with a lot area of 16,988 square-feet; a lot width of 100 feet; front (west)
setbacks of zero feet (to existing pavement) and 38.18 feet (to building); side
(north) setbacks of two feet (to existing pavement) and eight feet (to existinq
building ; side (south) setbacks of zero feet (to existinq pavement), two feet (to
an existinq concrete pad), and 26.60 feet (to building); rear (east) setbacks of 24
feet (to concrete pad) and 48 feet (to buildinq); a buildinq heiqht of 12 feet; and
21 off-street parkinq spaces as a Comprehensive Infill Redevelopment Project
under the provisions of Community Development Code Section 2-704.C; and a
reductions of the front (west) landscape buffer from 10 feet to zero feet the side
�north) landscape buffer from 10 feet to zero feet (adjacent to existing parkinq)
and two feet (adjacent to an existing walkway); side (south) landscape buffer
from five feet to zero feet (adjacent to existincLparkinq) and two feet (adjacent to
an existinq concrete pad); a reduction of the required foundation landscape area
from five feet to zero feet; and a reduction of the interior landscaped island area
from 10 percent of the vehicular use area (404 square-feet) to zero percent (zero
square-feet) as a Comprehensive Landscape Program under the provisions of 3-
1202.G.
Proposed Use: Indoor Recreation/ Entertainment (Martial Arts Studio)
Neiclhborhood Associations: Clearwater Neiqhborhoods Coalition and Skycrest
Neiqhborhood Association
Presenter: Kevin W. Nurnberqer, Planner III
For Staff Report re FLD2013-02005 see Agendas\Community Development Board�2010
s�2013\05/21 /2013
Member van Weezel moved to accept Kevin Nurnberger as an expert witness in the
fields of zoning, site plan analysis, planning in general, and code enforcement. The
Community Development 5/21/2013 10
motion was duly seconded and carried unanimously. Alternate Member Funk did not
vote.
Planner III Kevin Nurnberger summarized the Staff Report. A permanent parking
agreement re parking spaces on the adjoining property runs with the lease.
Member Dame moved to approve Case FLD2013-02005 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 of Law stated in the Staff Report
with conditions of approval as listed. The motion was duly seconded and carried
unanimously. Alternate Member Funk did not vote.
5. Case: FLD2013-02007 - 40 Devon Drive Level Two Application
Owner� Sea Captain a Florida General Partnership, Donald Eifert, Partner
Aqent� Steve Fowler Fowler Associates Architects, Inc. (1427 Court Street, Suite
D Clearwater FL 33756� phone: 727-449-2021; email: fowlerarch.aol.com)
Location� 0 829 acre located on the north side of Devon Drive, approximately
150 feet east of Coronado Drive
Atlas Paqe: 276A
Zoninq� Tourist (T) and Low Medium Densitv Residential (LMDR) Districts
Request� Flexible Development application (1) to permit an 85-unit overniqht
accommodation use (hotell in the Tourist (T1 District with a total lot area of
36 137 square-feet (0.829 acre�(28.733 square-feet f0.659 acrel zoned Tourist
District and 7 404 square-feet f0.17 acrel zoned Low Medium Densitv
Residential District) a lot width of 174.94 feet, a front (south) setback of 6.2 feet
(to buildinq) and 8.5 feet (to pavement), a side (west) setback of five feet (to
buildinc� and zero feet (to sidewalk) a rear (north) setback of 18.5 feet (to
buildin� a buildinq heiqht of 75.25 feet (to top of roof deck) and 93 parkinq
spaces as a Comprehensive Infill Redevelopment Proiect under the provisions
of CDC Section 2-803.D and approval of a two-year development order; and (2)
increase the permitted density by the allocation of 53 overniaht accommodation
units from the Hotel Densit rLReserve created pursuant to Beach by Desiqn.
�Related to DVA2010-08001 A).
Proposed Use: Overniqht Accommodations
Neighborhood Associations: Clearwater Neiqhborhoods Coalition and
Clearwater Beach Association
Presenter: Matt Jackson, Planner III
For Staff Report re FLD2013-02007 see Agendas\Community Development Board�2010
s�2013\05/21 /2013
Member Barker declared a conflict of interest.
Community Development 5/21/2013 11
Member van Weezel moved to accept Matthew Jackson as an expert witness in the
fields of zoning, site plan analysis, planning in general, and landscape ordinance. The
motion was duly seconded. Members Dame, Adelson, Hinrichs, Carlough, and van
Weezel, Chair Coates, and Acting Member Funk voted "Aye"; Member Barker
abstained. Motion carried unanimously.
Planner III Matt Jackson summarized the Staff Report.
Applicant representative Steve Fowler said the project has the same plans as those
approved more than 2 years ago; a poor economy delayed the project. He said the
west side of the project is not stepped back above the parking garage. He said hotel
views are to the north, east, and south.
One person spoke in opposition to the project, expressing concerns the development
will further impede resident access to Coronado Drive.
Mr. Fowler said the project complies with Beach by Design. He said the building is
shorter than permitted and provides landscaping in front and open space to the east,
rather than a parking lot. He worked with staff to design step backs and add a service
drive exit closer to Coronado Drive to reduce impacts on Devon Drive residents.
Member Carlough moved to approve Case FLD2013-02007 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 of Law stated in the Staff Report
with conditions of approval as listed. The motion was duly seconded. Members Dame,
Adelson, Hinrichs, Carlough, and van Weezel, Chair Coates, and Acting Member Funk
voted "Aye"; Member Barker abstained. Motion carried unanimously.
G. LEVEL TWO APPLICATION: (Item 1)
1. Case: FLD2013-03008 - 400 Cleveland Street Level Two Application
Owner: Moises Aqami; 400 Cleveland, LLC
Aqent: Mark Rieker� Rieker & Associates, Inc. (601 North Maqnolia Avenue,
Suite 200 Orlando, FL 32801; Phone: 321-206-4123; email:
mrieker riekerassociates.com)/ Michael Palmer, P.E.; Svnerqv Civil
Enqineerinq (3000 Gulf to Bay Boulevard, Suite 201 Clearwater, FL 33759;
727-796-1926; mpalmerCa�synerqycivilenq.com
Location: 0.746 acre at the northeast corner of Cleveland Street and North
Osceola Avenue
Atlas Paqe: 286B
Zoninq: Downtown (D) District
Character District: Downtown Core
Request: Flexible Development application to permit a mixed use includinq 52
attached dwellinq units (includinq three dwelling units from the Public Amenities
Community Development 5/21/2013 12
Incentive Pool) with a heiqht of 138 feet as measured from qrade to the top of
the roof deck with an additional five feet to top of parapet wall/architectural
embellishment 52 parkinc,�spaces (including two handicap spaces) (one parkinq
space per dwellinq uni`c) 6 500 square-feet of restaurant space with zero parkinq
spaces in the Downtown (D) District as a Comprehensive Infill Redevelopment
ProLct under the provisions of Community Development Code (CDC) Section 2-
903 D� and to permit more than 10 parkinq spaces in a row and eliminate the
interior landscape area and tree requirement as a percentage of the vehicular
use area requirement as part of a Comprehensive Landscape Proaram under
the provisions of CDC Section 3-1202.G.
Proposed Use: Mixed Use: Attached Dwellings (52 units); Restaurant (6,500
square-feet)
Neighborhood Association(s): Clearwater Neiqhborhood Coalition and
Clearwater powntown Neiqhborhood Association
Presenter: Mark T. Parrv, AICP, Planner III
For Staff Report re FLD2013-03008 see Agendas\Community Development Board�2010
s�2013\05/21 /2013
Member Dame moved to accept Mark Parry as an expert witness in the fields of
redevelopment planning, comprehensive planning, annexation implementation, zoning,
land use/rezoning applications, land development general planning code amendments,
landscape ordinance, and special area plans/overlay districts. The motion was duly
seconded and carried unanimously. Alternate Member Funk did not vote.
Planner III Mark Parry reviewed the Staff Report, which supports the project but adds a
condition requiring removal of the northernmost driveway on Usceola Avenue basea on
downtown plan design guidelines intended to maintain the area's urban fabric. He said
the third driveway is not needed for emergency access; parking lot access is via the
pickup/drop off drive and a shared driveway on Laura Street, a secondary road.
Mr. Parry said downtown parking is more than sufficient for the project. Following
discussion, it was recommended that downtown plan vision language requiring
adequate parking adjacent to residential property and payment in lieu of onsite parking
be amended. "
Applicant Moises Agami discussed his efforts and investments in downtown projects,
the history of the subject property, and his plans to develop an affordable project that
improves the atmosphere in downtown Clearwater and attracts people. He said
retaining the third curb cut on Osceola Avenue is essential for residents and will not
have a negative impact on downtown. Applicant representative Mark Rieker discussed
the site and development challenges.
Community Development 5/21/2013 13
Member Carlough moved to grant the applicant an additional 5 minutes for the
presentation. The motion was duly seconded and carried unanimously. Alternate
Member Funk did not vote.
Mr. Rieker said the project will generate less traffic than the previous office use. He
said it is important to retain 3 entrances off Osceola Avenue for the convenience of
residents and to facilitate easy access to westernmost parking spaces without drivers
having to execute difficult maneuvers. He said paperwork was submitted for cross
access easements across the abutting property for the Laura Street driveway to the
parking lot; ownership of both properties is the same.
Mr. Parry reviewed downtown plan design guidelines which reduce vehicular impacts on
pedestrians. The character district plan values pedestrian safety rather than
accommodating vehicular traffic. He said eliminating the subject curb cut would not
harm the project. The access to the parking lot via Laura Street is approximately 150
feet from the pickup/drop off location.
Mr. Rieker said the subject curb cut is not just a convenience as it provides access to
half of the residential parking spaces. He said without it, residents would be forced to
drive backwards when exiting their parking space. He said pavers can be installed for
traffic calming at the entrance, which only will be used by 10 to 12 vehicles. A
concierge, on duty 24 hours a day, will be available to park residents' cars if necessary.
Parking spaces will be assigned and the parking lot will be gated.
Mr. Agami said the project complies with downtown guidelines as much as possible. He
said in the current market, owner convenience is vitally important. He said requiring
residents to drive through another property to access their paricing spaces wouici impair
his ability to sell units. He said the subject curb cut exists and causes no harm.
Discussion ensued. It was indicated the project will be a great addition to the corner. It
was felt that eliminating the curb cut would make the area more pedestrian friendly. It
was noted that accessing the parking lot via the pickup/drop off location would keep
traffic internal to the site. It was stated that condo parking spaces are desirable and
their location is important. It was suggested plantings on pervious materials would
soften the look of the subject driveway. It was noted the immediate vicinity features
numerous curb cuts. Concern was expressed that pedestrians in the parking lot would
be endangered if vehicles must drive backwards when exiting parking spaces.
Member Dame moved to approve Case FLD2013-03008 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 of Law stated in the Staff Report
with conditions of approval as listed but deleting Conclusion of Law 5 and condition of
approval 12, as the northernmost driveway on Osceola Avenue should not be removed.
Community Development 5/21/2013 14
The motion was duly seconded and carried unanimously. Alternate Member Funk did
not vote.
li. LEVEL THREE APPLICATIONS: (ltems 1-2)
1. Case: DVA2010-08001A - 40 Devon Drive Level Three Application
Owner� Sea Captain a Florida General Partnership, Donald Eifert, Partner
Aqent� Steve Fowler Fowler Associates Architects Inc. (1427 Court Street, Suite
D Clearwater FL 33756� phone� 727-449-2021 � email: fowlerarch.aol.com)
Location• 0 829 acre located on the north side of Devon Drive, approximatelv
150 feet east of Coronado Drive
Atlas Page: 276A
Zoninq� Tourist (T) and Low Medium Density Residential (LMDR) Districts
Request� Review of and recommendation to the Citv Council, of an amended
Develo�ment Aqreement between Sea Captain a Florida General partnership
(the �ropertv owner) and the City of Clearwater, previouslv approved as
DVA2010-08001 which provided for the allocation of 53 units from the Hotel
Density Reserve established in Beach bv Desiqn.
Neiqhborhood Associations: Clearwater Neiqhborhoods Coalition and
Clearwater Beach Association
Presenter: Matt Jackson, Planner II
For Staff Report re DVA2010-08001A see Agendas\Community Development
Board�2010 s�2013\05/21 /2013
Member Barker declared a conflict of interest.
Assistant City Attorney Leslie Dougall-Sides reported the second public hearing for this
item is scheduled for the June 19, 2013 City Council meeting at 6:00 p.m. in Council
Chambers.
Planner II Matt Jackson reviewed the Staff Report.
Applicant representative Steve Fowler said the project meets the letter and spirit of
Beach by Design. He said the small property is a jewel, providing views of the marina,
Intracoastal, and Clearwater Harbor. He said the hotel is small by nature and
accommodating to returning guests.
Member Dame moved to recommend approval of Case DVA2010-08001A 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 of Law stated in the
Staff Report. The motion was duly seconded. Members Dame, Adelson, Hinrichs,
Carlough, and van Weezel, Chair Coates, and Acting Member Funk voted "Aye";
Member Barker abstained. Motion carried unanimously.
Community Development 5/21/2013 15
2. Case: DVA2013-03001 - 655 South Gulfview Boulevard Level Three Application
Owner: Clearwater Grande Development, LLC
Aqent: Housh Ghovaee, CEO and Renee Ruggiero, Senior ProjECt Planner;
Northside Enqineerinq Services, Inc. (300 S. Belcher Road, Clearwater, FL
33765; phone: 727-446-8036; email: Renee(a�northsideenpineering.net)
Location: 1.43 acre on the south side of S. Gulfview Boulevard, approximately
894 feet west of Gulf Boulevard
Atlas Paae: 285A
Zoning: Tourist (T) District
Request: Review, and recommendation to the City Council, of a Development
Aareement between Clearwater Grande Development, LLC (the property owner)
and the City of Clearwater, providing for the allocation of 80 units from the Hotel
Density Reserve with a buildinq height of 49.5 feet from base flood elevation (to
roof for existing Qualitv Inn hotel); a buildinc�height of 134 feet (from base flood
elevation to the roof slab) and 140.2 feet (from base flood elevation to mid-point
of mansard roof for proposed Hampton Inn & Suites hotel) and an overall density
of 118.99 overniqht accommodation units/rooms per acre where 150 units per
acre is allowable under Beach by DesicLn.
Proposed Use: Overniaht Accommodations
Neiqhborhood Associations: Clearwater Beach Association, Clearwater
Neiqhborhoods Coalition
Presenter: Kevin W. Nurnberger, Planner III
For Staff Report re DVA2013-03001 see Agendas\Community Development Board�2010
s�2013\05/21 /2013
Assistant City Attorney Leslie Dougall-Sides reported the second public hearing for this
item is scheduled for the June 19, 2013 City Council meeting at 6:00 p.m. in Council
Chambers.
Planner III Kevin Nurnberger reviewed the Staff Report.
Applicant attorney Katie Cole said the number of units originally sought has been
reduced. She said Beach by Design encourages revitalization of the Clearwater Pass
District. She said only a few of the units in the density pool have been constructed.
She said the property's operator is ready to construct this project that meets City goals
embodied in Beach by Design.
Member Hinrichs moved to recommend approval of Case DVA2013-03001 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 of Law stated in the
Staff Report. The motion was duly seconded and carried unanimously. Alternate
Member Funk did not vote.
Community Development 5/21/2013
16
ITEMS NOT ON THE AGENDA
Concern was expressed that the Code's array of flexibilit�r development options is
confusing, creates conflict, and the board needs more direction regarding flexibility
standards, especially in tra.nsition areas. It was stated that the public needs to
understand that flexibility is built into the Code. It was indicated that friction with new
projects will continue until old properties are redeveloped.
It was recommended that the City Council and staff review the Code as it is difficult for
board members to base decisions on current flexibility standards and conclusions of law
Concern was expressed that high-rises negatively impact the beauty of Clearwater
Beach and it was recommended that sufficient open space and landscaping be required
along scenic corridors to benefit residents and tourists. It was suggested the City
Council amend Beach by Design it they do not support the direction of beach
development.
Planning and Development Director Michael Delk said the City's Development Code is
perFormance oriented and more consistently predictable than Codes in other cities.
Beach by Design has accomplished almost everything it was drafted to do, precipitating
beach redevelopment on a grand scale. Its guidelines dictate how tall and wide
buildings can be.
Mr. Delk said the economic future of the beach was undermined when rarely occupied
condos replaced hotels rooms. The City Council established the density pool to make
hotel rooms as valuable to build as condos and protect limited service, moderately
priced hoteis rooms. it aii aensity pooi units are aeveioped, me peacn siiii wiii nave
several thousand less hotel rooms than previously existed. If the Code shifts away from
infill development, only high end developers will be able to assemble two acres.
Mr. Delk said the development pattern on the beach has become more urban. A
surface parking lot is not the best use for waterfront property; hotels are constructing
parking garages. Discussions are underway between staff and Council regarding these
issues. In response to a concern, he said proximity to the beach is important and
development proposals for properties without water views are being submitted.
1. ADJOURNMENT
The meeting adjourned at 4:42 p.m.
Attest
Board Reporter
Chair
Community Development Board
Community Development 5/21/2013 17