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