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COMMUNITY DEVELOPMENT BOARD - 06/18/2013 - AGENDA - REV 06/17/2013 LL 0 Clearwater June 10, 2013 0 AGENDA COMMUNITY DEVELOPMENT BOARD Date: Tuesday, June 18, 2013 Time: 1:00 p.m. Place: 112 South Osceola Street, 3rd 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/Tlanning Community Development Board Agenda—June 18,2013—Page 1 of 8 A. CALL TO ORDER, INVOCATION, PLEDGE OF ALLEGIANCE B. ROLL CALL: Chair Coates, Vice Chair Dame, Members Adelson, Barker, Carlough, Hinrichs, van Weezel, Alternate Member Funk, City Staff C. APPROVAL OF MINUTES OF PREVIOUS MEETING: May 21,2013 D. CONTINUED ITEMS (Items 1-3) 1. Case: FLD2013-03010—1498 Belleair Road Level Two Application Owner: S.Murphy Enterprises,Inc. Agent: Adam Carnegie, AICP, Stantec (2205 N 20t1 Street, Tampa, FL 33605; phone: 813-223-9500; email: adam.carne iieekstantec.com) Location: 0.575 acres 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 (along Belleair Road) and 150 feet (along Highland Avenue), building heights of 14 feet (to midpoint of pitched roof of existing building) and 17.5 feet (to top of proposed gas pump canopy), front (south) setbacks of 29.56 feet (to canopy) and 5.04 feet (to pavement), front (east) setbacks of 38.45 feet (to canopy) and 13.97 feet(to pavement), side (north) setbacks of 10.1 feet(to building) and five feet(to pavement), a side (west) setback of 9.98 feet (to building) and 11 off-street parking spaces, as a Comprehensive Infill Redevelopment Project, pursuant to Community Development Code (CDC) Section 2-704.E. along 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 landscaping from 1,484 square feet to 268 square feet, eliminate 57 linear feet of the required foundation plantings along the front (east) facade of the building, and eliminate the shrubs required in the foundation plantings along the front (south) facade of the building as part of a Comprehensive Landscape Program under the provisions of 3-1202.G. Proposed Use: Automobile Service Station Neighborhood Associations: Clearwater Neighborhoods Coalition, Lake Bellevue Neighborhood Association and Brookhill Ambassadors Neighborhood Association Presenter: Matt Jackson,Planner III 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 Calvary Baptist Church Representative: Brian Aungst, Jr., Macfarlane Ferguson & McMullen, P.A. (PO Box 1669, Clearwater,FL 33757;phone: 727-444-1403; email: bja(amacfar.com) Location: 3.61 acres, located on the west side of McMullen Booth Road approximately 100 feet south of Cherry Lane Atlas Page: 292A Request: Future Land Use Map amendment from Residential/Office Limited (R/OL) to Institutional (I) Type of Amendment: Small scale Proposed Use: Place of Worship Neighborhood Association(s): Clearwater Neighborhoods Coalition,Del Oro Groves N.A. Presenter: Catherine Lee, AICP,Planner III Community Development Board Agenda—June 18,2013—Page 2 of 8 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 Ferguson & McMullen, P.A. (PO Box 1669, Clearwater,FL 33757;phone: 727-444-1403; email: bja(amacfar.com) Location: 3.61 acres, located on the west side of McMullen Booth Road approximately 100 feet south of Cherry Lane Atlas Page: 292A Request: Zoning Atlas amendment from Office (0)to Institutional(I) Proposed Use: Place of Worship Neighborhood Association(s): Clearwater Neighborhoods Coalition,Del Oro Groves N.A. Presenter: Catherine Lee, AICP,Planner III E. LEVEL TWO APPLICATIONS (Items 1-4): 1. Case: FLD2012-05011 —425/441 East Shore Drive Level Two Application Owner/Applicant: Michael G.Preston,Revocable Trust Agent: Katie E. Cole; Hill Ward Henderson (3700 Bank of America Plaza 101 East Kennedy Boulevard Tampa,FL 33602;phone: 727-259-6791; email: kcole o,hwhlaw.com) Location: 0.31-acre site (uplands only; 0.515 acres total)located at the southeast corner of East Shore Drive and Papaya Street Atlas Page: 267A Existing Zoning: Tourist(T)District Request: Amendment of conditions 11, 17, 21, 25, 26 and 28 of approved Flexible Development application FLD2012-05011 which permitted a Restaurant use of 10,749 square feet in the Tourist (T) District with a lot area of 13,557 square feet (uplands only); lot width of 100 feet; zero parking spaces; and to permit a 28-slip, 7,420 square-foot Commercial Dock with an increase to the permitted width of a dock from 75 percent of the waterfront lot width (75 feet) to 79 percent (79 feet) and an increase from the permitted length of a dock from 75 percent (75 feet) of the waterfront lot width to 300 percent (300 feet) by utilizing the lot widths the two adjacent properties along with the subject property in determining the permitted width of the subject dock as a Comprehensive Infill Redevelopment Project,under the provisions of Community Development Code Section 2-803.C. Proposed Use: Restaurant Neighborhood Associations: Clearwater Neighborhoods Coalition and Clearwater Beach Association Presenter: Mark T.Parry,AICP,Planner III Community Development Board Agenda—June 18,2013—Page 3 of 8 2. Case: FLD2013-04015-430 South Gulfview Boulevard Level Two Application Owner: Salt Block 57, LLC. Agent: E.D. Armstrong, III; John, Pope, Bokor, Ruppel & Burns, LLP (311 Park Place Suite 240 Clearwater,FL 33759;Phone: 727-724-3900; email: eamstrong(a,hwhlaw.com) Location: 2.45 total acres (1.87 acres zoned Tourist District; 0.58 acres zoned Open Space/Recreation District)on the west side of South Gulfview Boulevard approximately 500 feet northwest of Hamden Drive. Atlas Page: 276A Zoning: Tourist(T)District and Open Space/Recreation(OS/R)District Special Area Plan: Beach by Design(South Beach/Clearwater Pass District) Request: Flexible Development approval to permit a 230-room overnight accommodation use (including eight total dwelling units as converted to 13 overnight accommodation units previously approved and transferred under TDR2005-05022 including four dwelling units from 557 and 579 Cyprus Avenue, one dwelling unit from 625-627 Bay Esplanade and three dwelling units from 667 Bay Esplanade, under the provisions of Section 4-1402 and 124 units which were the subject of a Termination of Status of Non-conformity under FLD2005-01005, FLD2005-05047, FLD2007-11034 and FLD2008-08024)in the Tourist(T)District with a lot area of 81,450 square feet/1.87 acres zoned Tourist District(2.45 total acres; 0.58 acres of total acreage zoned Open Space/Recreation District), a lot width of 236 feet, a front(east) setback of 27 feet (to building), 22 feet(to edge of balcony), zero feet (to porte cochere), three feet (to pavement) and zero feet (to planter/art/fountain feature), a side (north) setback of zero feet (to building) from the Coastal Construction Control Line (CCCL) and to permit a balcony and sundeck one foot and eight feet, respectively, northward of the CCCL, a side (south) setback of four feet(to building) and 1.5 feet (to pavement), a rear (west) setback of one foot (to building), four feet (to gazebo) and zero feet (to concrete patios, sun and pool decks and like accessory structures) from the CCCL and to permit concrete patios, sun and pool decks and like accessory structures up to 28 feet seaward of the CCCL, a building height of 150 feet above Base Flood Elevation (BFE) to top of roof deck and 335 valet-only parking spaces at 1.46 parking spaces per hotel room, as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2- 803.D; approval of a two-year development order; and to allow the floor plate of the building above 100 feet to be up to 13,000 square feet where the maximum area is 10,000 square feet as provided by Section VII.B.3 of Beach by Design. Proposed Use: 230 Overnight Accommodation units Neighborhood Association(s): Clearwater Neighborhood Coalition; Clearwater Beach Association Presenter: Mark T.Parry,AICP,Planner III Community Development Board Agenda—June 18,2013—Page 4 of 8 3. Case: FLD2013-04016—1403 North Fort Harrison Level Two Application Owner/Applicant: Religious Community Services,Inc. Agent: Robert Fudge, P.E.; GLE Associates, Inc.(4300 W. Cypress St., Ste. 400, Tampa, FL 33756; phone:813-241-8350 ext 521; email: rfudge(a gleassociates.com) Location: The 1.31 acre subject property is located on the east side of North Fort Harrison Avenue; approximately 400 feet north of the North Fort Harrison and Engman Street intersection. Atlas Page: 268B Existing Zoning: Commercial(C)District Request: Flexible Development Application to allow 4,390 square foot building to an existing residential shelter use in the Commercial(C)District with a lot area of 57,210 square feet, a lot width of 263.55 feet (along Fort Harrison Avenue) and 207.87 feet (along North Garden Avenue), front (west) setbacks of fifteen feet (to new pavement), 30.32 feet (to new planter), and 34.5 feet (to new building); front (east) setbacks of 8.17 feet (to existing pavement), 20.97 feet (to existing building), and 129 feet (to new building); side (north) setbacks of one foot (to existing shed), 10.14 feet (to existing pavement), and 10.41 feet (to new building); side (south) setbacks of 4.42 feet (to existing pavement), 25.74 feet (to existing building),and 47 feet (to new pavement), and 170 feet (to new building); a rear (east) setback of 12.52 feet (to new building); a building height of 30 feet; and 28 parking spaces as a Comprehensive Infill Redevelopment Project,under the provisions of Community Development Code Section 2-704.E.; as well as a reduction to the perimeter landscape buffer along Garden Avenue from 10 feet to 8.17 feet; a reduction to the perimeter landscape buffer along the side (south) from five feet to 4.42 feet; a reduction to the perimeter landscape buffer along the side (north) from five feet to zero feet; reductions to the foundation landscape requirement on the front (west) facade from five feet zero feet and the front(east) facade from five feet to zero feet; a reduction to the number of required shade tree plantings from 32 trees to 16 trees ; and a reduction to the required landscaping in the vehicle use area from 10 percent to 4.5 percent, as part of a Comprehensive Landscape Program under the provisions of Community Development Code Section 3-1202.G. Proposed Use: Residential Shelter Neighborhood Associations: Clearwater Neighborhoods Coalition and Old Clearwater Bay Presenter: Kevin W.Nurnberger,Planner III Community Development Board Agenda—June 18,2013—Page 5 of 8 4. Case: FLD2013-04014—1835 N Highland Avenue Level Two Application Owner/Applicant: Karl and Jane McClintock Agent: Katherine E. Cole, Esq., Johnson, Pope, Bokor, Ruppel & Burns, LLP. (911 Chestnut Street Clearwater,FL 33756;phone: 727-461-1818; emaiLkatie @jcpfirm.com) Location: The 0.64 acre subject property is located on the east side of North Highland Avenue approximately 450 feet north of Greenlea Drive. Atlas Page: 261A Existing Zoning: Commercial(C)District Request: Flexible Development application to permit a 8,000 square foot Retail Sales and Services use in the Commercial (C) District with a lot area of 27,878 square feet, a lot width of 85 a building height of 22.66 feet (to top of flat roof), front (west) setbacks of 15.67 feet (to pavement) and 64.67 feet (to building), side (north) setbacks of 7.62 feet (to pavement) and 75.29 feet (to building), side (south) setbacks of 6.79 feet(to pavement) and 8.57 feet(to building),rear(east) setbacks of zero feet (to pavement) and 5.11 feet (to building) and 23 off-street parking spaces, as a Comprehensive Infill Redevelopment Project, under the provisions of Community Development Code (CDC) Section 2- 704.E. along with a reduction of a portion of the front(west) landscape buffer from 15 feet to 10 feet (to stormwater pond), a reduction to a portion of the rear (east) landscape buffer from 5 feet to zero feet (to pavement), a reduction of the number of required trees from 31 to 21, the elimination of the required foundation plantings along the front (west) facade of the building and increasing the percentage of allowable accent trees from 25 to 76 percent as part of a Comprehensive Landscape Program under the provisions of 3-1202.G. Proposed Use: Retail Sales and Services Neighborhood Associations: Clearwater Neighborhoods Coalition Presenter: Matt Jackson,Planner III F. LEVEL THREE APPLICATION (Items 1-5): 1. Case: TA2013-05003 —Amendments to the Community Development Code Level Three Application Applicant: City of Clearwater Request: Amendments to the Clearwater Community Development Code relating to veterinary clinics in the Commercial (C) District and creating definitions, procedures and requirements for general development agreements and hotel density reserve development agreements. Neighborhood Association: Clearwater Neighborhoods Coalition Presenter: Gina Clayton, Assistant Planning and Development Director 2. Case: TA2013-05004—Amendments to the Community Development Code Level Three Application Applicant: City of Clearwater Request: Amendment to the Clearwater Community Development Code, Section 5-401, expanding the powers and duties that the Municipal Code Enforcement Board may exercise on behalf of the City of Clearwater to be consistent with Florida State Statutes. Neighborhood Association: Clearwater Neighborhoods Coalition Presenter: Camilo A. Soto, Assistant City Attorney Community Development Board Agenda—June 18,2013—Page 6 of 8 3. Case: DVA2013-02001 —650 Bay Esplanade Level Three Application Owner: Bay Esplanade Project,LLC Agent: Randy Austin; Landon, Moree & Associates (31622 US Highway 19 N, Palm Harbor, FL 34684;phone: 727-789-5010 ext.211; email: austin@lmaengr.com) Location: 0.95 acre subject property is located on the northeast corner of the Poinsettia Avenue and Bay Esplanade intersection. Atlas Page: 258A Zoning: Tourist(T)District Request: Review, and recommendation to the City Council, of a Development Agreement between Bay Esplanade project, LLC (the property owner) and the City of Clearwater, providing for the allocation of 55 units from the Hotel Density Reserve with a building height of 75 feet (from base flood elevation to mid-point of decorative roof structure) and an overall density of 107.7 overnight accommodation units/rooms per acre where 150 units per acre is allowable under Beach by Design. Proposed Use: Overnight Accommodations Neighborhood Association(s): Clearwater Beach Association,Clearwater Neighborhoods Coalition Presenter: Kevin W.Numberger,Planner III 4. Case: LUP2013-04002—2200 and 2251 Montclair Road(Related to REZ2013-04002) Level Three Application Owner/Applicant: Webb's Nursery, Inc. Representative: E.D. Armstrong (311 Park Place Blouvard, Clearwater, FL 33759; phone: 727-724- 3900; email: earomstrongLaa hwhlaw.com) Location: 23.75 acres located on the southwest corner of Montclair Road and North Belcher Road Atlas Page: 254A Request: Future Land Use Map amendment from Residential Urban (RU), Preservation (P) and Water/Drainage Feature to Residential Medium (RM), Preservation (P) and Water/Drainage Feature Type of Amendment: Large scale Proposed Use: Detached dwelling and plant wholesale nursery Neighborhood Association(s): Clearwater Neighborhoods Coalition,Woodgate 1 &2,Woodgate 3 Presenter: Catherine Lee, AICP,Planner III 5. Case: REZ2013-04002—2200 and 2251 Montclair Road(Related to LUP2013-04002) Level Three Application Owner/Applicant: Webb's Nursery, Inc. Representative: E.D. Armstrong (311 Park Place Blouvard, Clearwater, FL 33759; phone: 727-724- 3900; email: earomstrongLaa hwhlaw.com) Location: 23.75 acres located on the southwest corner of Montclair Road and North Belcher Road Atlas Page: 254A Request: Zoning Atlas amendment from RPD-7.5, Residential Planned Development (7.5 UPA Max Density) category (Pinellas County) to the Medium High Density Residential (MHDR) and Preservation(P)categories (City of Clearwater) Proposed Use: Detached dwelling and plant wholesale nursery Neighborhood Association(s): Clearwater Neighborhoods Coalition,Woodgate 1 &2,Woodgate 3 Presenter: Catherine Lee, AICP,Planner III G. DIRECTOR'S ITEMS (Items 1-2) 1. Post-Disaster Redevelopment Plan- Presenter: Cate Lee, AICP, Planner III Community Development Board Agenda—June 18,2013—Page 7 of 8 2. Rules of Procedure, Article 4 Conduct of Meetings, Section 4 Order of Meeting: Change the order in which meetings are conducted: a. Level Three Applications re: Development Agreements re: Not on Consent b. Citizens to be heard re: Items Not on the Agenda." H. ADJOURNMENT Community Development Board Agenda—June 18,2013—Page 8 of 8