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MINUTES FOR APPROVAL - 06/18/2013COMMUNITY DEVELOPMENT BOARD MEETING MINUTES . CITY OF CLEARWATER June 18, 2013 Awaiting approval Present: Chair Thomas Coates, Vice Chair Frank L. Dame, Member Richard Adelson, Member Brian A. Barker, Member ponald van Weezel, Acting Member John Funk Absent: Member Kurt E3. Hinrichs, Member Norma R. Carlough Also Present: Attorney for the Board Jay Daigneault, Assistant City Attorney Leslie Dougall-Sides, Planning & Development Director Michael L. Delk, Planning Manager Lauren Matzke, 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 MEETING: Mav 21, 2013 Member van Weezel said he voted "Nay" re Cases FLD2013-03011 and DVA2013- 03001. Member Dame moved to approve the minutes of the regular Community Development Board meeting of May 21, 2013, as corrected. The motion was duly seconded and carried unanimously. D. REQUEST FOR CONTINUANCE: (Items 1-2) (Continue to Julv 16, 2013) 1. Case: FLD2013-04016 - 1403 North Fort Harrison Level Two Application Owner/Applicant: Reliqious Communitv Services, Inc. Aqent� Robert Fudge P.E.� GLE Associates. Inc. (4300 W. Cvpress St., Ste. 400 Tampa FL 33756; phone: 813-241-8350 ext 521; email: rFudgeCc�pleassociates.com) Location• The 1.31 acre subiect propertv is located on the east side of North Fort Harrison Avenue� approximately 400 feet north of North Fort Harrison and Enqman Street intersection. Atlas Page: 268B Existinq Zoning: Commercial (C) District Request: Flexible Development Application to allow 4,390 square-foot buildina 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 lalong Fort Harrison Avenue) and Community Development 6/18/2013 207 87 feet (alonq North Garden Avenue) front (west) setbacks of fifteen feet (to new pavement) 30 32 feet (to new planter� and 34.5 feet fto new buiidinq); front �east) setbacks of 8 17 feet (to existing pavement�, 20.97 feet (to existina buil�inq) and 129 feet (to new buildin�� sid� (north) setbacks of one foot (to existing shed) 10 14 feet (to existinq pavement), and 10.41 feet (to new buildinq)� side (south) setbacks of 4 42 feet (to existing pavement), 25.74 feet (to existinq buildinq) and 47 feet (to new pavement) and 170 feet (to new buildina); a rear (east) setback of 12 52 feet (to new buildinq)� a buildinq heiqht of 30 feet; and 28 parkinq spaces as a Comprehensive Infill Redevelopment Proiect, under the provisions of Communitv 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 alonq the side (south) from five feet to 4 42 feet� a reduction to the perimeter landscape buffer alonq 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 plantinqs 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 Communitv Development Code Section 3-1202.G. Proposed Use: Residential Shelter Neiqhborhood Associations: Clearwater Neighborhoods Coalition and Old Clearwater Bav Presenter: Kevin W. Nurnberger, Planner III Member van Weezel moved to continue Case FLD2013-04016 to July 16, 2013. The motion was duly seconded and carried unanimously. 2. Case: FLD2013-03010 - 1498 Belleair Road Level Two Application Owner: S. Murphy Enterprises, Inc. Aqent• Adam Carneqie AICP Stantec (2205 N 20th Street, Tampa, FL 33605; phone� 813-223-9500� email: adam.carneaieCa�stantec.com) Location: 0.575 acres located at the northwest corner of Belleair Road and Highland Avenue. Atlas Pac1e: 315A Zoninq: Commercial (C District Request� Flexible Development application to permit a 3,016 sauare-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 (alona Hiqhland Avenue) buildincLheights of 14 feet (to midpoint of pitched roof of existing buildinq) and 17 5 feet (to top of proposed�as 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 buildinq) and five feet (to pavementl, a side Community Development 6/18/2013 �west) setback of 9 98 feet (to buildinq) and 11 off-street parkina spaces, as a Comprehensive Infill Redevelopment Prolect pursuant to Communitv Development Code (CDC) Section 2-704.E. along with reductions of the front �south) landscape buffer fram 15 feet to 5.04 feet (to pavement), th� 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 plantings alonq the front feast) fa�ade of the buildina, and eliminate the shrubs required in the foundation plantinqs along the front (south) fa�ade of the buildinqas part of a Comprehensive Landscape Proqram under the provisions of 3-1202.G. Proposed Use: Automobile Service Station Neiahborhood Associations: Clearwater Neighborhoods Coalition, Lake Bellevue Neighborhood Association and Brookhill Ambassadors Neiqhborhood Association Presenter: Matt Jackson. Planner III Member Dame moved to continue Case FLD2013-03010 to July 16, 2013. The motion was duly seconded and carried unanimously. E. CONSENT AGENDA: The followinq case/s is/are not contested bv the applicant, staff, neiqhborina propertv owners, etc. and will be approved bv a sinqle vote at the beqinninq of ineetina: (Items 1-7) Less Items 2 and 3 1. Case: FLD2012-05011 - 425/441 East Shore Drive Level Two Application Owner/Applicant: Michael G. Preston, Revocable Trust Aqent� Katie E Cole Esq Hill Ward Henderson (311 Park Place Blvd., Suite 240 Clearwater FL 33759� Phone: 727-724-3900; email: kcole cC�.hwhlaw.com) Location� 0.31-acre site (uplands onlyt 0.515 acres total) located at the southeast corner of East Shore Drive and Papaya Street Atlas Paqe: 267A Existing Zoning: Tourist (T District Request: Amendment of conditions 11, 17, 21, 25. 26 and 28 of approved Flexible Development aeplication 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 lenqth of a dock from 75 Qercent (75 feet) of the waterfront lot width to 300 percent (300 feet�y utilizina the lot widths the two adjacent properties along with the subject propertv in determininq 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 Community Development 6/18/2013 Neiqhborhood Associations: Clearwater Neiqhborhoods Coalition and Clearwater Beach Association Presenter: Mark T. Parry, AICP, Planner III For Staff Report FLD2012-05011 see Agendas\Community Development Board�2010 s�2013\06/18/2013 See page 5 for motion of approval. 2. PULLED FROM CONSENT AGENDA Case: FLD2013-04015- 430 South Gulfview Boulevard Level Two Application See Below 3. PULLED FROM CONSENT AGENDA Case• TA2013-05003 - Amendments to the Community Development Code Level Three Application See Below Case: FLD2013-04014 - 1835 N Highland Avenue Level Two Application Owner/Applicant: Karl and Jane McClintock Aqent� Katie E Cole Esq. Hill Ward Henderson (311 Park Place Blvd., Suite 240, Clearwater FL 33759� Phone: 727-724-3900; email: kcoleCa�hwhlaw.com) Location: The 0.64 acre subject property is located on the east side of North Hiqhland Avenue approximatelv 450 feet north of Greenlea Drive. Atlas Page: 261A Existina Zoning: Commercial (C) District Request: Flexible Development application to permit a 8,000 sauare-foot Retail Sales and Services use in the Commercial (C) District with a lot area of 27.878 sauare feet a lot width of 85 a building heiqht of 22.66 feet (to top of flat roofl, front (west) setbacks of 15.67 feet (to pavement) and 64.67 feet (to buildina), side (north) setbacks of 7.62 feet (to pavement) and 75.29 feet (to buildinq), side (south) setbacks of 6.79 feet (to pavement) and 8.57 feet (to buildinp), rear (east) setbacks of zero feet (to pavement) and 5.11 feet (to buildinq) and 23 off-street parkinq spaces as a Comprehensive Infill Redevetopment 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 (westLrade of the buildinq and increasing the percentaqe 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 Community Development 6/18/2013 Neighborhood Associations: Clearwater Neiqhborhoods Coalition Presenter: Matt Jackson. Planner III Fo� Staff Report FLD2013-04014 see Agen�ias\Community Development Board�2010 s�2013\06/18/2013 Member Dame moved to approve Cases FLD2012-05011 and FLD2013-04014 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. 5. 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 Aunast, Jr., Macfarlane Ferguson & McMullen. P.A. (PO Box 1669, Clearwater, FL 33757; phone: 727-444-1403; email: JaCa�macfar.com) Location: 3.61 acres, located on the west side of McMullen Booth Road approximatelv 100 feet south of Cherry Lane Atlas Page: 292A Request: Future Land Use Map amendment from Residential/Office Limited �R/OL) to Institutional (I) Tvpe 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 For Staff Report LUP2013-02001 see Agendas\Community Development Board�2010 s�2013\06/18/2013 Member Barker declared a conflict of interest. See page 6 for motion to recommend approval. 6. 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: J�macfar.com) Location: 3.61 acres located on the west side of McMullen Booth Road �proximately 100 feet south of Cherry Lane Community Development 6/18/2013 5 Atlas Paqe: 292A Request: Zoning Atlas amendment from Office (0) to Institutional (I) Proposed Use: Place of Worship Neighborhood AssociationL): Clearwater Neighborhoods Coalit�on, Del Oro Groves N.A. Presenter: Catherine Lee, AICP. Planner III For Staff Report REZ2013-02001 see Agendas\Community Development Board�2010 s�2013\06/18/2013 Member Barker declared a conflict of interest. Member Dame moved to recommend approval of Cases LUP2013-02001 and REZ2013-02001 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. The motion was duly seconded. Members Dame, Adelson, van Weezel, Chair Coates, and Acting Member Funk voted "Aye"; Member Barker abstained. Motion carried. 7. Case: TA2013-05004 - Amendments to the Community Development Code Level Three Application Applicant: Citv of Clearwater Request� Amendment to the Clearwater Communitv Development Code, Section 5-401 expandinqthe 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 Neiahborhoods Coalition Presenter: Camilo A. Soto, Assistant City Attorney For Staff Report TA2013-05004 see Agendas\Community Development Board�2010 s�2013\06/18/2013 Member Dame moved to recommend approval of Case TA2013-05004 on today's Consent Agenda based on evidence in the record, including the application and the Staff Report, and hereby adopt the Findings of Fact and Conclusions of Law stated in the Staff Report. The motion was duly seconded and carried unanimously. 2 PULLED FROM CONSENT AGENDA Case: FLD2013-04015- 430 South Gulfview Blvd. Level Two Application Owner: Salt Block 57, LLC. Aqent: E.D. Armstrona 111, Hill Ward Henderson (311 Park Place Blvd., Suite 240, Clearwater, FL 33759; Phone: 727-724-3900; email: earmstronaCa�hwhlaw.com) Community Development 6/18/2013 6 Location: 2.45 total acres (1.87 acres zoned Tourist District; 0.58 acre zoned Open Space/Recreation District) on the west side of South Gulfview Boulevard aparoximatelv 500 feet northwest of Hamden Drive. Atlas Paqe: 276A Zoninq: Tourist (T) District and Open Space/Recreation (OS/R) District Special Area Plan: Beach bv Desiqn (South Beach/Clearwater Pass District) Request: Flexible Development approval to permit a 230-room overniqht accommodation use (includinq eiqht total dwellinq units as converted to 13 overniqht accommodation units previouslv approved and transferred under TDR2005-05022 includinq four dwellinq units from 557 and 579 Cvprus Avenue, one dwellinq unit from 625-627 Bav Esplanade and three dwellinq units from 667 Bav Esplanade, under the provisions of Section 4- 1402 and 124 units which were the subiect of a Termination of Status of Non-conformitv 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 acre of total acreaae zoned Open Space/Recreation District), a lot width of 236 feet, a front (east) setback of 27 feet (to buildinql, 22 feet (to edae of balconv), zero feet (to porte cochere), three feet (to pavement) and zero feet (to planter/artlfountain featurel, a side (north) setback of zero feet (to buildinq) from the Coastal Construction Control Line (CCCL) and to aermit a balconv and sundeck one foot and eictht feet, respectivelv, northward of the CCCL, a side (south) setback of four feet (to buildina) and 1.5 feet (to pavement), a rear (west) setback of one foot (to buildinq), four feet (to ctazebol and zero feet (to concrete patios, sun and pool decks and like accessorv structures) from the CCCL and to permit concrete aatios, sun and pool decks and like accessorv structures up to 28 feet seaward of the CCCL, a buildinq heiqht of 150 feet above Base Flood Elevation (BFE) to top of roof deck and 335 valet-onlv parkinq spaces at 1.46 parkinq spaces per hotel room, as a Comprehensive Infill Redevelopment Proiect, under the provisions of Section 2-803.D: approval of a two-vear development order; and to allow the floor plate of the buildinp above 100 feet to be up to 13,000 square-feet where the maximum area is 10,000 sQUare-feet as provided bv Section VI1.B.3 of Beach bv Desiqn. Proposed Use: 230 Overniqht Accommodation units Neiahborhood Associations: Clearwater Neiqhborhood Coalition; Clearwater Beach Association Presenter: Mark T. Parrv, AICP, Planner III For Staff Report FLD2013-04015 see Agendas\Community Development Board�2010 s�2013\06/18/2013 Member Barker moved to accept Mark Parry as an expert witness in the fields of redevelopment planning, comprehensive planning, annexation implementation, zoning, Community Development 6/18/2013 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. , Concern was expressed that an easement may be necessary for Fire Department access if the property has a zero foot setback. Mr. Parry said the Fire Department had �ndicated all department concerns were satisfied. Architect James Wurst, representative for the applicant, said he had reviewed the application with the Fire Department; firefighters will be able to walk around the property. He said the zero foot setback is to the CCCL (Coastal Construction Con#rol Line). Concern was expressed that proposed stacked parking and garage access restrictions may hinder guests' ability to comply with time frames during an evacuation. Attorney Ed Armstrong, representative for the applicant, said the required evacuation plan has not yet been prepared. Acting Member Funk moved to approve Case FLD2013-04015 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. 3. PULLED FROM CONSENT AGENDA Case: TA2013-05003 - Amendments to the Communitv Development Code Level Three Application Applicant: Citv of Clearwater Request: Amendments to the Clearwater Communitv Development Code relatin4 to veterinarv clinics in the Commercial (C) District and creatinq definitions, procedures and requirements for qeneral development aareements and hotel densitv reserve development aqreements. Neiahborhood Association: Clearwater Neiahborhoods Coalition Presenter: Gina Clavton, Assistant Planninq and Development Director For Staff Report TA2013-05003 see Agendas\Community Development Board�2010 s�2013\06/18/2013 Planning and Development Director Michael Delk said following discussion, the City Council supported the Business Task Force recommendation that the Council approve allocation of reserve pool units based on conceptual site plans and building elevations Community Development 6/18/2013 8 before developers invest in producing plans necessary for CDB approval. Only minor changes to design, massing, and scale, as permitted by Code, will be allowed; the process will start over if staff determines demonstrable changes occurred. It was stated the current process works well and should not be changed. Concerns were expressed it will be difficult for the Council to verify if a project would meet Code goals and objectives and include elements required for reserve pooi unit allocation before architectural plans are submitted. It was stated this change does not address the vagueness of flexibility limits in Beach by Design and the Code; support was expressed for amending Beach by Design to clarify ambiguities. It was recommended this change be delayed and adopted in tandem with Beach by Design modifications. Concern was expressed the public will be upset if the CDB (Community Development Board) rejects a project the City Council previously approved in concept. Acting Member Funk moved to recommend approval of Case TA2013-05003 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 and Barker, Chair Coates, and Acting Member Funk voted "Aye"; Members Adelson and van Weezel voted "Nay." Motion carried. F. LEVEL THREE APPLICATION (Items 1-3): 1. Case: DVA2013-02001 - 650 By Esplanade Level Three Application Owner: Bav Esplanade Project. LLC Agent: Randy Austin: Landon, Moree & Associates (31622 US Hiqhway 19 N, Palm Harbor, FL 34684; phone: 727-789-5010 ext. 211; email: austin _Imaengr.com) Location: 0.95 acre subject property is located on the northeast corner of the Poinsettia Avenue and Bay Esplanade intersection. Atlas Paye: 258A Zoning: Tourist (T District Request: Review, and recommendation to the City Council, of a Development Aqreement between Bay Esplanade project, LLC (the property owner) and the City of Clearwater, providinq for the allocation of 55 units from the Hotel Density Reserve with a building heiqht of 75 feet (from base flood elevation to mid-point of decorative roof structure) and an overall density of 107.7 overniqht accommodation units/rooms per acre where 150 units per acre is allowable under Beach by Design. Proposed Use: Overnight Accommodations Neiqhborhood Associations: Clearwater Beach Association, Clearwater Community Development 6/18/2013 9 Neiqhborhoods Coalition Presenter: Kevin W. Nurnberger, Planner III For Staff Reporf DVA2013-02001 see Agendas\Community Development Board�2010 s�2013\06/18/2013 Planner III Kevin Nurnberger reviewed the staff report. Attorney Katie Cole, representative for the applicant, said the development agreement application complies with all Community Development Code and Beach by Design requirements. She said the infill midsize hotel project represents the preferred use in the Old Florida District; the project is not waterfront. She submitted three letters of recommendation. Two people spoke in opposition to the project and two people spoke in support. Concerns were expressed that the request for 55 units from the reserve pool seems out of proportion for a property zoned for 47 units. Attorney Cole said allowable density for projects requesting reserve pool units is 150 units per acre; the proposal is for 107 units per acre. Mr. Delk said the reserve pool was created so that limited service hotels are economically viable. Discussion ensued with comments that few projects replacing aging mom and pop units attract tourists as many cannot afford high end hotels; this project provides that market a nice inexpensive property in a nice location. Concern was expressed that reserve units should be distributed throughout Clearwater Beach, especially along the Coronado Avenue corridor and a large numbers of units should not be dedicated to one property. It was suggested that the project could be smaller; however the CDB cannot determine how large a project must be to be economically viable. It was suggested the City Council consider if this project requires the number of reserve units requested. Member Barker moved to recommend approval of DVA2013-02001 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, and Barker and Chair Coates voted "Aye"; Member van Weezel and Acting Member Funk voted "Nay." Motion carried. 2. 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 III, Hill Ward Henderson (311 Park Place Blvd., Community Development 6/18/2013 10 Suite 240, Clearwater, FL 33759; Phone: 727-724-3900; email: earmstronq�a�hwhlaw.com) Location: 23.75 acres located on the southwest corner of Montclair Road and North Belcher Road Atlas Paqe: 254A Request: Future Land Use Map amendment from Residential Urban (RU), Preservation (P) and Water/Drainaae Feature to Residential Medium (RM), Preservation (P) and Water/Drainage Feature Type of Amendment: Large scale Proposed Use: Detached dwelling and plant wholesale nurserv Neighborhood Associations: Clearwater Neiqhborhoods Coalition, Woodgate 1& 2, Woodgate 3 Presenter: Catherine Lee, AICP, Planner III For Staff Report LUP2013-04002 see Agendas\Community Development Board�2010 s�2013\06/18/2013 Planner I11 Cate Lee reviewed the Staff Report. An application for development of the subject site has not been submitted. Member Dame moved to accept Cynthia Tarapani as an expert witness in the areas of comprehensive planning, project approvals, zoning and land development regulations, land use litigation and eminent domain, and historic preservation. The motion was duly seconded and carried unanimously. Cynthia Tarapani, representative for the applicant, reviewed surrounding uses. She said residential development of the site is consistent with the Future Land Use Plan, zoning, nearby land use patterns, and uses on Belcher Road, a scenic non commercial corridor. She said residential development is compatible with existing development and the site will provide a transition from commercial uses to the north and single family residential uses across the lake to the west. She said Clearwater's EAR (Evaluation & Appraisal Report) indicates all City services can be provided without negative effects. She said City goals encourage infill and wetland preservation; wetlands and buffers will be zoned Preservation. Member Dame moved to accept Michael Raysor as an expert witness in the areas of traffic engineering. The motion was duly seconded and carried unanimously. Michael Raysor, representative for the applicant, said his traffic impact analysis indicates after development of the subject site, Belcher and Sunset Point roads will continue to operate at an acceptable LOS (Level of Service) D and Montclair Road, a collector road, will operate at less than 75% of capacity. He said nearby intersections will have a LOS of C. Community Development 6/18/2013 11 Two people spoke in opposition to the zoning change and one person spoke in support. A petition in opposition to the change was submitted. Attorney Ed Armstrong, reprESentative for the applicant, said resident�al development is appropriate for this site. He said current infrastructure can comfortably accommodate traffic from a residential development. Discussion ensued with comments that residential development is a reasonable use for the site, provides sufficient buffer from nearby single family homes, and will not result in unreasonable traffic conditions. Support was expressed for the proposed zoning change. Acting Member Funk moved to recommend approval of Case LUP2013-04002 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. 3. Case: REZ2013-04002 - 2200 and 2251 Montclair Road (Related to LUP2013- 04002) Level Three Application Owner/A�plicant: Webb's Nursery, Inc. Representative: E.D. Armstronc1111 Hill Ward Henderson (311 Park Place Blvd., Suite 240 Clearwater, FL 33759; Phone: 727-724-3900; email: earmstrong�a�hwhlaw.com) Location: 23.75 acres located on the southwest corner of Montclair Road and North Belcher Road Atlas Page: 254A Reauest: ZoningAtlas amendment from RPD-7.5, Residential Planned Development (7.5 UPA Max Densit� category (Pinellas County) to the Medium High Density Residential (MHDR) and Preservation (P) cateqories (Citv of Clearwater) Proposed Use: Detached dwellinq and plant wholesale nurserv Neighborhood Associations: Clearwater Neighborhoods Coalition, Woodqate 1& 2, Woodgate 3 Presenter: Catherine Lee, AICP, Planner III For Staff Report REZ2013-04002 see Agendas\Community Development Board�2010 s�2013\06/18/2013 Planner III Cate Lee reviewed the Staff Report. Member van Weezel moved to include all records submitted for Case LUP2013-04002 in Case REZ2013-04002. The motion was duly seconded and carried unanimously. Community Development 6/18/2013 12 Acting Member Funk moved to incorporate all previous testimony and documents for Case LUP2013-04002 in Case REZ2013-04002. The motion was duly seconded and carried unanimously. Member Dame moved to recommend approval of Case REZ2013-04002 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. G. DIRECTOR'S ITEMS (Items 1-2) 1. Post-Disaster Redevelopment Plan - Presenter: Cate Lee, AICP. Planner III Planner III Cate Lee reviewed the City's Post-Disaster Redevelopment Plan scheduled for City Council adoption on June 19, 2013. The Senior Executive Team serves as the Steering Committee. Recommendations were made for the plan to include a public liaison component and information package to help communities prepare for the redevelopment of their environment and to broaden the plan's scope to prepare for additional emergencies such as effects of solar flares. Staff was commended for their efforts. 2. Rules of Procedure. Article 4 Conduct of Meetings, Section 4 Order of Meetinq: Change the order in which meetings are conducted: a. Level Three Applications re: Development Aqreements re: Not on Consent _b. Citizens to be heard re: Items Not on the Agenda. Planning and Development Director Michael Delk reviewed proposed amendments to the CDB Rules of Procedure. Concern was expressed that the board has no power to resolve public concerns that are not listed on the agenda. Member van Weezel moved to adopt proposed amendments to the CDB Rules of Procedure. The motion was duly seconded. Members Adelson, Barker, and van Weezel and Chair Coates voted "Aye"; Member Dame and Acting Member Funk voted "Nay." Motion carried. H. ADJOURNMENT The meeting adjourned at 3:43 p.m. Attest Chair Community Development Board Community Development 6/18/2013 13 Board Reporter Community Development 6/18/2013 14