Loading...
MINUTES FOR APPROVAL - 07/16/2013COMMUNITY DEVELOPMENT BOARD MEETING MINUTES CITY OF CLEARWATER July 16, 2013 Awaiting approval Chair Thomas Coates, Vice Chair Frank L. Dame, Member Brian A. Barker, Member Kurt B. Hinrichs, Member Norma R. Carlough, Member ponald van Weezel, Acting Member John Funk Absent: Member Richard Adelson Also Present: Attorney for the Board Jay Daigneault, Assistant City Attorney Leslie Dougall-Sides, Planning & Development Director Michael L. Delk, Planning & Development Assistant Director Gina Clayton, 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. at City Hall, followed by the Invocation and Pledge of Allegiance. B. ROLL CALL: Chair Coates Vice Chair Dame Members Adelson Barker Carlouqh, Hinrichs, van Weezel, Alternate/Acting Member Funk, City Staff C. APPROVAL OF MINUTES OF PREVIOUS MEETING: June 18. 2013 Member Dame moved to approve the minutes of the regular Community Development Board meeting of June 18, 2013, as recorded and submitted in written summation to each board member. The motion was duly seconded and carried unanimously. D. CITIZENS TO BE HEARD RE ITEMS NOT ON THE AGENDA: None E. REQUEST TO CONTINUE TO THE AUGUST 20, 2013 ITEMS (ltems 1-2) 1. Case: FLD2013-05018 - 1010 S. Myrtle Avenue Level Two Application Owner/Applicant: Rosemarie Rem Ceralo-O'Donnell Aqent: Bret Krasman, P.E.; Krasman & Associates (PO Box 422 Dunedin FL 34697; phone: (727) 738-0359; email: bret(a�ksaenqr.com) Location: 0.20 acre located on the west side S. Myrtle Avenue; approximately 300 feet south of Maqnolia Drive Atlas Page: 295B Existinq Zoninq: Commercial (C) District Request: Flexible Development application to allow a mixed use (850 square- feet of office space and 850 square-feet for one dwellinc� unit) in the Commercial (C) District with front (east) setbacks of five feet (to pavement) and 43.6 feet (to building); side (north) setbacks of 2.3 feet (to existing carport) and 12.16 feet (to buildinq); side (south) setbacks of zero feet (to driveway) 1.5 feet (to proposed Community Development 7/16/2013 brick pavers) and 43.5 feet (to buildinq); rear setbacks of nineteen feet (to proposed deck) and twenty-nine feet (to buildinq)� a building heiqht of 18.5 feet �to mid-point of pitched roofl; and three off-street parking spaces as a Comprehensive Infill R�:development Project under the provisions of the Community Development Code Section 2-704.E., as well as a reduction to the east perimeter landscape buffer from fifteen feet to five feet: a reduction to the south perimeter landscape buffer from five feet to 1.5 feet; a reduction to the north perimeter landscape buffer from five feet to 2.3 feet as a Comprehensive Landscape Proqram under the provisions of the Community Development Code Section 3-1202.G. Proposed Use: Mixed Use (Office/Residentia� Neiqhborhood Associations: Clearwater Neighborhoods Coalition� Old Clearwater Bay Neiqhborhood Association Presenter: Kevin W. Nurnberqer, Planner III Member Dame moved to continue Case FLD2013-05018 to August 20, 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.carnegie(cDstantec.com� Location: 0.575 acre located at the northwest corner of Belleair Road and Hiqhland Avenue. Atlas Paqe: 315A Zoning: Commercial (C) District Request: Flexible Development aaplication 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 (along Hiqhland Avenue), buildinq 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 fto canopy) 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 CommunitX 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 landscapinq from 1,484 square-feet to 268 sauare-feet eliminate 57 linear feet of the reauired foundation plantings alonq the front (east) fa�ade of the buildinq and eliminate the shrubs required in the foundation plantings along 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 Community Development 7/16/2013 Neiqhborhood Association and Brookhill Ambassadors Neiqhborhood Association Presenter: Matt Jackson, Planner III Member van Weezel moved to continue Case FLD2013-03010 to August 20, 2013. The motion was duly seconded and carried unanimously. F. CONSENT AGENDA: The followinq case/s is/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 1-3) Case: FLD2013-04012 - 350 Harbor Island Passaqe Leve! Two Application Owner/A�plicant: Gus & Zoe Saravanos Aqent: Anthony Saravanos; (31640 US Hiqhway 19 N, Suite 1, Palm Harbor, FL 34683; phone: (727) 643-8922; email: as(a�boardwalk.com) Location: 0.268 acre located on the north side of Harbor Passaqe, a�proximately 104 feet east of Harbor Passaqe Atlas Page: 2586 Existing Zoninq: Low Medium Density Residential (LMDR) District / Island Estates Neiahborhood Conservation Overlay District LENCOD� Request: Flexible Development application to allow a driveway with a side (west� setback of zero feet (to pavement) as a Residential Infill Project where standards for Residential Infill Projects are quidelines and may be varied in the Low Medium Density Residential/Island Estates Neiqhborhood Conservation Overlay District LMDR/IENCOD), under the provisions of the Community Development Code (CDC) Section 2-1602.F. Proposed Use: Detached Dwellinq Neiqhborhood Associations: Clearwater Neiqhborhoods Coalition; Old Clearwater Bay Neiqhborhood Association Presenter: Kevin W. Nurnberger, Planner III For Staff Report FLD2013-04012 see Agendas\Community Development Board�2010 s�2013\07/16/2013 Member van Weezel moved to approve Case FLD2013-04012 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, with conditions of approval as listed. The motion was duly seconded and carried unanimously. 2. Case: REZ2013-05003 - 1515 S. Highland Avenue Level Three Application Owner/Applicant: Highland Groua Clearwater, LLC Re resentative: Renee Ru iero 1463 Citrus S. Clearwater FL 33756� hone: 727-235-8475; email: Renee11463(a�qmail.com� Location: 4.91 acres located on the southeast corner of Nursery Road and South Highland Avenue Community Development 7/16/2013 Atlas Paqe: 315A Request: Zoninq Atlas amendment from the Office (0) District to the Medium Density Residential (MDR) District Proposed Use: Assisted livinq facility Neiqhborhood Association: Clearwater Neiqhborhoods Coalition Presenter: Lauren Matzke, Lonq Ranqe Plannin Manaqer For Staff Report REZ2U13-05003 see Agendas\Community Development Board�20'i 0 s�2013\07/16/2013 Member Dame moved to recommend approval of Case REZ2013-05003 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. 3. PULLED FROM CONSENT AGENDA Case: Amendment to Beach bv Desiqn Special Area Plan Leve! Three Application See Below. G. CONTINUED ITEM: (Item 1) fContinued from June 18, 2013) 1. Case: FLD2013-04016 - 1403 North Fort Harrison Ave. Level Two Application Continued from the meeting of June 18. 2013 Owner/Applicant: Reliqious Community Services Inc. Aqent: Robert Fudqe, P.E.; GLE Associates Inc. (4300 W Cypress St Ste 400, Tampa, FL 33756: phone: 813-241-8350 ext 521 � email: rfudqe(c�gleassociates.com) Location: 1.31 acres located on the east side of North Fort Harrison Avenue� approximatelv 400 feet north of North Fort Harrison Avenue and Engman Street intersection Atlas Page: 268B Existina Zoninq: Commercial (C) District Request: Flexible Development Application to allow a 4 390 square-foot buildinq to an existinq residential shelter use in the Commercial (C) District with a lot area of 57,210 square-feet, a lot width of 263.55 feet (alonq Fort Harrison Avenue� and 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 (to new buildinq); front (east) setbacks of 8.17 feet (to existinq pavement) 20 97 feet (to existinq buildinq), and 129 feet (to new building)� side (north) setbacks of one foot (to existinq 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 buildinq)� a rear (east) setback of 12.52 feet (to new buildinq)� a building heiqht of 30 feet� and 28 parkinq spaces as a Comprehensive Infill Redevelopment Project under the provisions of Community Development Code Section 2-704 E� as well as a Community Development 7/16/2013 reduction to the perimeter landscape buffer alonq 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 landscapinq in the vehicle use area from 10 percent to 4.5 percent, as part of a Comprehensive Landscape Proqram under the provisions of Communitv Development Code Section 3-1202.G. Proposed Use: Residential Shelter Neighborhood Associations: Clearwater Neiqhborhoods Coalition and Old Clearwater Bav Presenter: Kevin W. Nurnberger, Planner III For Staff Report FLD2013-04016 see Agendas\Community Development Board�2010 s�2013\07/16/2013 Robert Maher requested Party Status. Member van Weezel moved to grant Robert Maher Party Status. The motion was duly seconded and carried unanimously. Member Barker 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. Planner III Kevin Nurnberger reviewed the Staff Report. Robert Fudge, representative for the applicant, reviewed the project, which will remove and replace one structure, improve drainage, and add parking. He said the entire site has been issued a Unity of Title. Caitlin Higgins Joy, President and CEO of RCS (Religious Community Services), said the new building will provide improved amenities but retain its current use, providing outreach services to victims of domestic violence. No changes are planned for the 36-bed onsite shelter. Party Status Holder Robert Maher said most crime in Old Clearwater Bay is committed by people who live outside the neighborhood. He expressed concern that agency clients and their drivers may negatively impact his neighborhood, especially if drivers must wait in their vehicles while services are rendered. He encouraged RCS education services to teach its clients respect for the surrounding neighborhood. He also recommended the City improve the N. Ft. Harrison corridor and attract businesses. Mr. Fudge said the facility will not be expanded and landscaping will be added on N. Ft. Harrison. Ms. Higgins Joy said drivers can use the building's waiting room. She hoped the facility has been a good citizen in the neighborhood and offered to help with signage Community Development 7/16/2013 5 and open lines of communications with the community. She said the agency works hard with clients and admitted some have gotten in trouble with the law; those individuals are removed from the program. She said shelter residents have a curfew. Member Barker moved to approve Case FLD2013-04016 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. F3. Case: Amendment to Beach by Desiqn Special Area Plan Level Three Application Applicant: City of Clearwater, Planninq Department. Request: Amendment to Beach by Desiqn: A Preliminary Design for Clearwater Beach and Design Guidelines to reference the standards by which the public boardwalk must complv and to adopt the "Marina District Boardwalk Desiqn Guidelines and Specifications." Neiqhborhood Associations: Clearwater Neiahborhoods Coalition; Clearwater Beach Association Presenter: Andrew Hayslip, Planner II For Staff Report Amendment to Beach by Design Special Area Plan see Agendas\Community Development Board�2010 s�2013\07/16/2013 Planner II Andrew Hayslip reviewed the Staff Report. Regarding a missing sentence in the amendment, Planning & Development Assistant Director Gina Clayton said staff will contact the Parks & Recreation Department to determine if additional specifications are needed prior to submitting the item to Council. In response to questions, Ms. Clayton said sea grass beds are close to the planned boardwalk, which is intended to serve as a public walkway. The City will maintain the boardwalk; property owners will maintain their private docks. She reviewed the history of Beach by Design amendments, noting extensive public input had been received regarding amendments which identify boardwalk materials and design requirements. Support was expressed for transient use docks along the boardwalk. It was stated that Beach by Design and the Community Development Code are not in conflict. Language from the Code and Beach by Design was reviewed re scenic corridors and CDB (Community Development Board) responsibilities. An amendment to the Ordinance was recommended. Acting Member Funk moved to recommend approval of Case "Amendment to Beach by Design Special Area Plan" 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 as amended to add to the end of Community Development 7/16/2013 6 paragraph 7 on page 1". .. with the Clearwater Community Development Code." The motion was duly seconded and carried unanimously. H. LEVEL TWO APPLICA710NS (Items 1�•2) 1. Case: FLD2013-05019 - 880/900 North Osceola Avenue Level Two Application Owner/Applicant: David McComas; Clearwater Basin Marina LLC Aqent: Richard Kelley P.E.� AVID Group AVID Group (2300 Curlew Road Palm Harbor, FL 34683; phone: (727) 789-9500� email• richard.kelley(a�avidgroup.com,� Location: 5.10 acres (3.55 acres upland and 1.55 acres submerqed) located on the west side of North Osceola Avenue at the terminus of Nicholson Street a�proximately 500 feet north of Seminole Street Atlas Paqe: 277B Existinq Zoninq: Downtown (D) and Preservation (P) Districts Request: Flexible Development application to amend a previously approved Flexible Development application to permit the addition of 200 dry slips and 14 new wet slips to an existinq 66 wet-slip marina f87-wet slips originally approved) includinct a 53 727 square-foot hiqh and dry storaqe building with a heiqht of 53 feet as measured from Base Flood Elevation (BFE) to roof deck with an additional 12 feet to rooftop architectural embellishments• 95 parkinq spaces (includina two handicap spaces�(0 68 spaces per two slips)� and a 1 000 square-foot retail/office buildinq as accessory to the marina with a height of 14 feet (as measured from BFE) in the Downtown (D) District and the Old Bay Character District of the Clearwater powntown Redevelopment Plan as a Comprehensive Infill Redevelopment Project under the provisions of Community Development Code (CDC) Section 2-903 D Proposed Use: Marina (80 wet slips and 200 dry slips)� retail/office (1 000 square-feet) Neiahborhood Associations: Clearwater Neiqhborhoods Coalition• Old Clearwater Bay Neighborhood Association Presenter: Mark T. Parry, AICP Planner III For Staff Report FLD2013-05019 see Agendas\Community Development Board�2010 s\2013\07/16/2013 Vickie Morgan requested Party Status. Member van Weezel moved to grant Vickie Morgan Party Status. The motion was duly seconded and carried unanimously. Rick Chesler, representative for Moss Feaster, requested Party Status. Member Dame moved to grant Rick Chesler Party Status. The motion was duly seconded and carried unanimously. Community Development 7/16/2013 William Bach, representative for Moss Feaster, requested Party Status. Member Dame moved to grant William Bach dual Party Status with Rick Chesler. The motion was duly seconded and carried unanimously. Fred Allen requested Party Status. Member Carlough moved to grant t=red Allen Party Status. The motion was duly seconded and carried unanimously. 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. Planner III Mark Parry reviewed the Staff Report. Staff recommends denial. David McComas, representative for the applicant, said the site has more than 66 wet slips and the proposal would reconfigure the site to add a high and dry boat storage facility with 200 slips and onsite management. He said a high and dry boat storage facility was on this site for 30 years before it was razed for construction of a 100-foot tall residential development that was abandoned after pilings were in place. He said this project would add an important amenity to the City and provide the only opportunity for local residents to access a waterfront high and dry boat storage facility. He said coastal management encourages preservation of working water fronts. He said while the overlay of the Old Clearwater Bay District has restrictions, the site is compatible with the abutting Seminole Boat Ramps and is the only shoreline location where this facility could exist; it will add value to the community as customers will patronize local businesses and downtown amenities. He said the project meets recommended uses outlined in the Code and the use is appropriate and allowed. He said constructing the facility into the bluff will reduce height impacts. Applicant representative Steve Pensa said the east setback is approximately 10 feet at its closest point. Applicant attorney Joseph Gaynor said the submitted handout responds to each objection raised by staff in the Staff Report. He said this unique project meets the vision of the City's Comprehensive Plan and Downtown Codes and the mandate to preserve the waterfront. Party Status Holder Vickie Morgan said the developer had not contacted neighbors or the neighborhood association. She said the previous onsite structure was one-third the size of the proposed facility and was used only five years for high and dry boat storage. She said the neighborhood had opposed the condominium project and worked with the City following project abandonment to establish development restrictions that protect the neighborhood. She said the Staff Report indicated the proposal has 28 inconsistencies Community Development 7/16/2013 g with Code. She said noise from beeping facility forklifts is loud and would be disruptive. She asked the board to deny the request. Party Status Holder �Villiam Bach said the proposed use is m�re intense than p�rmitted, would increase traffic, and impact views. He said the project violates the spirit of the Old Clearwater Bay District plan and would lower the property value of Moss-Feaster's four parcels. Party Status Holder Fred Allen said he has lived next to the marina for 35 years and opposed the project which would increase traffic and significantly exceed the number of marina slips previously approved. He said the proposed use is inconsistent with the current marina, would require a fuel source, and would produce intense, constant noise and pollution when engines are run when flushed. He said proposed hours are inconsistent with boaters' schedules; they fish early or return late. He said for most of its history, the previous facility repaired engines and boats and sold sail boats and yachts. He said the area is zoned for restaurants, stores, and offices. In response to a question, Mr. Allen said the current marina is well run, except for locating its odorous, noisy dumpster 20 feet from his back door. Mr. Parry said the main issue is the proposal's lack of consistency with the Downtown Plan, not its merits. The CDB approved a limited use marina on this site with a condition that excluded dry boat storage. The proposal is inconsistent with the Downtown Plan and the vision and intent of the Old Clearwater Bay District Plan, which was adopted after the previous boat storage facility was removed. A non-conforming use cannot be reestablished after the use has been abandoned for 180 days. The proposed use is not included in the list of approved or prohibited uses but is prohibited by default. Ms. Morgan said she is passionate about her home and the City had assured her the design guideline plan for her neighborhood would be enforced. She felt frustrated that she has to address the CDB each time a use is proposed that does not meet the guidelines. She said she was willing to work with the developer. Mr. Allen said the proposed use does not fit and would negatively impact the neighborhood. Attorney Gaynor said the proposal does not include a public launch, trailer storage, repairs, or fuel. He estimated only 12 boats would be accessed daily. He said the Staff Report gave good marks to parking, safety, sight visibility, and many other issues. He said the Development Code does not have a limited marina facility use and permits high and dry boat storage as a marina facility in a marina. He said the coastal management section of the Code encourages water dependent development on the shore line. He said abandonment of the condominium project and lack of subsequent projects show that the Plan's residential component is not viable. He apologized for not contacting neighbors. In response to a question, he said a review of the project would be necessary to determine if a smaller footprint would be economically viable. Community Development 7/16/2013 g Discussion ensued with comments that the CDB included a condition prohibiting a high and dry boat storage facility when it approved a limited marina use for this site; staff had recom�nended denial. It was noted the propert;r is approved for addi�ional wet slips. It was stated while members are sensitive to boaters' needs, the board must enforce Code restrictions for the Old Clearwater Bay neighborhood. It was felt the proposal is not in the spirit of the neighborhood plan which minimizes negative impacts on adjoining uses. Sensitivity was expressed for nearby residents as high and dry boat storage facilities are required to flush boat engines, which is a noisy operation. Concerns were expressed that the developer had not contacted the community, the project is too massive for the site, and it has insufficient setbacks and parking. It was suggested that the board delay its decision until the developer and neighbors can meet and work out issues of contention. Support was expressed for the project as boating is a major part of the City, the project would enhance downtown development, and it replaces a former high and dry boat storage facility. It was felt the Seminole Boat Ramps are an eyesore. It was stated that City residents currently must trailer their boats to Lake Tarpon. It was noted that the Code does not prohibit high and dry boat storage facilities, which should be permitted at a marina. It was stated the immediate area has unused properties and needs to be developed with vibrant uses that will improve the area and nearby downtown. Member Hinrichs moved to deny Case FLD2013-05019 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, Barker, Hinrichs, van Weezel, Chair Coates, and Acting Member Funk voted "Aye"; Member Carlough voted "Nay." Motion carried. 2. Case: FLD2013-05020 - 223 Island Wav Level Two Application Owner/Applicant: Island Way Tower LLC Aqent: Greq Hembree• The Hembree Grouq (17608 Lee Avenue Redinqton Shores. FL 33708; phone: (727) 480-9285� email� greg hembree(a�aol com� Location: 1.8 acres on the east side of Island Way• approximatelv 544 feet north of Windward Passaae Atlas Page: 267B Existinq Zoninq: Hiqh Density Residential (HDR) District / Island Estates Neiqhborhood Conservation Overlay District (IENCOD) Request: Flexible Development application to allow a 53 attached dwellinqs in the Hiqh Densitv Residential (HDR� District with a lot area of 78 719 square-feet �1.80 acres); a lot width of 385.66 feet� front (west) setbacks of 1 2 feet (to block walUpavement) and 42.11 feet (to porte-cochere)� side (south) setback of six feet (to curb and covered parking structure) and 72 6 feet (to building)� side (north) setback of 4.10 feet (to curb and covered parkinq structure) and 80 feet (to buildinq); rear (east) setbacks of five feet (to pavement� fourteen feet (to pool deck), 27.10 feet (to balconies� and 33 feet (to building)� a buildinq height of 72 Community Development 7/16/2013 10 feet (to top of roof slab); and 88 parkinq spaces as a Residential Infill Project under Community Development Code Section 2-504.F, as weli as a reductions to the front (west) perimeter landscape buffer from ten feet to 1.2 feet, the side isouth�perimeter landscape �uffer from ten feet to six feet, the side (riorth) perimeter landscape buffer from ten feet to 4.10 feet; a reduction from the interior landscape area from ten percent to eight percent; and to allow more than ten consecutive parking spaces as part of a Comprehensive Landscape Program under the provisions of the Community Development Code Section 3-1202.G. Proposed Use: Attached Dwellinqs (53 units) Neighborhood Associations: Clearwater Neighborhoods Coalition; Old Clearwater Bay Neiqhborhood Association Presenter: Kevin W. Nurnberqer, Planner III For Staff Report FLD2013-05020 see Agendas\Community Development Board�2010 s�2013\07/16/2013 Richard Arendt requested Party Status. Member van Weezel moved to grant Richard Arendt Party Status. The motion was duly seconded and carried unanimously. Robert Griffiths requested Party Status; it was determined he was not an affected party. Member Dame moved to deny Robert Griffiths Party Status. The motion was duly seconded and carried unanimously. 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. Planner III Kevin Nurnberger reviewed the Staff Report. In response to questions, Mr. Nurnberger said the site plan will show visibility sight triangles. On the site plan, the porte-cochere will have no columns and will be setback from pathways to meet ADA (Americans with Disabilities Act) requirements. Work on the building's interior is underway and will reduce the number of units. Greg Hembree, representative for the applicant, reviewed the history of the apartment building, constructed in 1961, and rehabilitation plans that will eliminate 35 units and reduce the building's impacts and density. He said the project activety sought input from nearby residents and worked with the Island Estates Civic Association to disseminate information. He said 600 people visited the project as a result of outreach efforts. Party Status Holder Richard Arendt said he received no project information before he was noticed regarding today's meeting. He expressed concern the project will Community Development 7/16/2013 11 negatively impact his townhome, which is behind the subject building, and lower his property's value. He said plans to locate the project dumpster, with associated odors, noise and vermin, 20 feet or less from his property will negatively impact his family's use of their uack yard. He feared insects will breed iii the stormwa�ier treatment retention pond proposed near his property and pond pollutants will spill onto his property. He said the proposed location of the carports directly behind his home will create noise and headlights will shine into his home. He recommended relocating those nuisances. Two people spoke in favor of the project. Mr. Hembree said the retention pond is designed to dry within 24 hours of a rain event and it is unlikely that mosquitoes will breed there. He said the dumpster is near its current location and will be enclosed to comply with Code. He said residents will not access the dumpster; staff will empty the building's trash chutes during normal daytime operations. He said an extensive landscape buffer between the project and Mr. ArendYs property will make it unlikely that anyone will be able to view the project building from abutting property. He apologized that Mr. Arendt had not received a letter regarding the project; 2,000 letters were sent and 300 letters of approval were returned. It was recommended that the dumpster be moved to the south side of the property, away from residences. Mr. Hembree said he would have to discuss the issue with his engineer as waste management trucks have turning radius requirements. It was stated the site plan indicates the dimensions on both sides of the property are the same and if the new dumpster location results in the loss of a parking space, that space can be reclaimed at the current dumpster location. Support was expressed for relocating the dumpster from the neighbor's back yard to the parking area. Planning & Development Director Michael Delk said Solid Waste will need to review the proposed change. Acting Member Funk moved to approve Case FLD2013-05020 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 a condition that the dumpster be relocated from Mr. Arendt's back yard to the parking lot. The motion was duly seconded and carried unanimously. I. ADJOURNMENT The meeting adjourned at 3:42 p.m. Attest Board Reporter Chair Community Development Board Community Development 7/16/2013 � 2