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MINUTES FOR APPROVAL - 08/20/2013COMMUNITY DEVELOPMENT BOARD MEETING MINUTES CITY OF CLEARWATER August 20, 2013 Awaiting approval Chair Thomas Coates, Vice Chair Frank L. Dame, Member Richard Adelson, Member Brian A. Barker, Member Kurt B. Hinrichs, Member Norma R. Carlough, Member Uonald van Weezel, Alternate Member John Funk Also Present: Attorney for the Board Jay Daigneault, Assistant City Attorney Leslie Dougall-Sides, Planning & Development Director Michael L. Delk, Development Review Manager Robert Tefft, Board Reporter Patricia O. Sullivan A. CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE The Chair called the meeting to order at 1:00 p.m. 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 Member Funk, Citv Staff C. APPROVAL OF MINUTES OF PREVIOUS MEETING: Julv 16, 2013 In reference to page 6, it was stated the second to last paragraph should read, "Acting member Funk stated that Beach by Design and the Community Development Code are not in conflict. Language from the Community Development Code and Beach by Design was reviewed including scenic corridors and flexibility. Acting member Funk stated that throughout the Beach by Design framework flexibility exists, but, is not mandated and where flexibility exists, there are improved development criteria. An amendment to the Ordinance was recommended adding "consistent with the Community Development Code."" Staff indicated minutes do not attribute board comments to individual members. Member Dame moved to approve the minutes of the regular Community Development Board meeting of June 18, 2013, as amended. The motion was duly seconded and carried unanimously. Alternate Member Funk did not vote. D. CITIZENS TO BE HEARD RE: ITEMS NOT HEARD ON AGENDA: None. E. CONTINUED FROM JULY 16, 2013 — ITEM WITHDRAWN (Items 1) 1. Case: FLD2013-03010 - 1498 Belleair Road Leve/ Two Application Continued from meeting of Julv16, 2013 Community Development 8/20/2013 Owner: S. Murphv Enterprises, Inc. Aqent� Adam Carneqie AICP Stantec (2205 N 20th Street, Tampa, FL 33605; phone� 813-223-9500� email: adam.carneqieCcr�.stantec.com) Location� 0 575 acrE located at northwest corner of Belleair F�oad and Hiahland Avenue. Atlas Paqe: 315A Zonina: Commercial (C District Request� Flexible Development application to permit a 3,016 square-foot automobile service station in the Commercial (C) District with a lot area of 25,050 square-feet lot widths of 167 feet (alonq Belleair Road1 and 150 feet (alonq Highland Avenue) buildina heights of 14 feet (to midpoint of pitched roof of existinq buildinq) and 17 5 feet (to top of proposed aas pump canopvl, 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 buildina) and five feet (to pavement), a side (west) setback of 9 98 feet (to buildinq) and 11 off-street parkina spaces, as a Comprehensive Infitl Redevelopment Project, pursuant to Communitv Development Code (CDC) Section 2-704.E. alonq with reductions of the front (south) landscape buffer from 15 feet to 5.04 feet (to pavement), the front (east) landscape buffer from 15 feet to 13.97 feet (to pavement�, the area of interior landscapinq from 1 484 square-feet to 268 square-feet, eliminate 57 linear feet of the reauired foundation plantin sq_along the front (east) fa�ade of the building, and eliminate the shrubs reauired in the foundation plantinas alona the front (south) fa�ade of the building as part of a Comprehensive Landscape Program under the provisions of 3-1202.G. Proposed Use: Automobile Service Station Neighborhood Associations� Clearwater Neiqhborhoods Coalition, Lake Bellevue Neighborhood Association and Brookhill Ambassadors NeiAhborhood Association Presenter: Matt Jackson, Planner III Item FLD2013-03010 was withdrawn. F. CONSENT AGENDA: The followinq cases are not contested bv the applicant, staff, neicthborina propertv owners, etc. and will be approved bv a sinale vote at the beainnina of the meetinq: (Items 1-3) PULLED FROM CONSENT AGENDA 1. Case� FLD2013-06021- 211 Skiff Point (211 and 221 Skiff Point) Level Two Application See Below. Case: FLD2013-05018 - 1010 S. Myrtle Ave Level Two Applicafion Community Development 8/20/2013 Continued from the meetina of Julv16, 2013 Owner/Applicant� Rosemarie Rem Ceralo-O'Donnell Agent� Bret Krasman P E� Krasman & Associates (PO Box 422, Dunedin, FL 34697� Whone� (727) 738-0359� email: bret(a�ksa�nar.com) Location� 0 20 acre located on the west side S. Mvrtle Avenue; approximatelv 300 feet south of Magnolia Drive Atlas PaQe: 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 dwellinq unit) in the Commercial �C) District with front (east) setbacks of five feet (to pavement) and 43.6 feet (to buildinq)� side (northZsetbacks of 2 3 feet (to existina carportl and 12.16 feet (to buildinq)� side Lsouth) setbacks of zero feet (to drivewav) 1.5 feet (to proposed brick �avers) and 43 5 feet (to buildingZ rear setbacks of nineteen feet (to �roposed deck) and twenty-nine feet (to buildina)� a buildinq heiaht of 18.5 feet �to mid-point of pitched roofl� and three off-street parkinq spaces as a Comprehensive Infill Redevelopment Project under the provisions of the Communifi> 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 Program under the provisions of the Communitv Development Code Section 3-1202.G. Proposed Use� Mixed Use (Office/Residential) Neighborhood Associations� Clearwater Neiqhborhoods Coalition; Old Clearwater Bay Neiqhborhood Association Presenter• Kevin W. Nurnberger. Planner III For Staff Report FLD2013-05018 see Agendas\Community Development Board�2010 s�2013\08/20/2013 Member van Weezel moved to approve Case FLD2013-05018 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. Alternate Member Funk did not vote. 3. Case: LUP2013-06003-1569 Sunset Point Road Level Three Application Owner/Applicant: Central Realty, Inc. Representative� James Vernon Esq P.E. (1721 Rainbow Dr., Clearwater, FL 33755� phone� 727-447-4444� email: marcusCa�jamesmvernon.com) Location� 0 37 acre located at 1569 and 1571 Sunset Point Road, approximatelv 0.24 mile east of the nearest intersection of Sunset Point Road and North Hiqhland Avenue. Community Development 8/20/2013 Atlas Paae: 261 A Request� To amend the present Future Land Use Map desianation from Residential Low (RL) to Residential Urban (RU). Proposed Use� Sinale Familv RESidential Neiqhborhood Associations� Clearwater Neiqhborhoods Coalition Clearview Lake Estates HOA Sunset Hiahland Presenter� Andrew Havslip, Planner II For Staff Report LUP2013-06003 see Agendas\Community Development Board�2010 s�2013\08/20/2013 Member Dame moved to recommend approval of Case LUP2013-06003 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. Alternate Member Funk did not vote. 1. Case� FLD2013-06021- 211 Skiff Point (211 and 221 Skiff Point) Level Two Application Owner/Applicant� DDB Real Estate Investments, LLC Aqent� John A Bodziak AIA� 5530 First Avenue N. St. Petersbura, FL 33710; phone� (727) 327-1966� email: jackCc�jabodziak.com) Location: 0.419 acre located at the southwest terminus of Skiff Point approximately 200 feet west of Larboard Wav Atlas Paqe: 267B Existinq Zoninq� MHDR District/Island Estates Neiqhborhood Conservation Overlay District (IENCOD) Request� Flexible Standard Development application to permit an Attached Dwellinq with 12 dwellinq units in the Medium Hiqh Densitv Residential (MHDR) District with a lot width of 105 feet lot area of 18 278 square-feet; a heiqht of 50 feet as measured from Base Flood Elevation (BFE) with an additional 12 feet for mechanical equiement and rooftop architectural details� a front (north) setback of 15 feet to building and 15 feet to pavement� a side (east) setback of 10 feet to buildinq and five feet to pavement� a side (west) setback of 10 feet to buildma and four feet to pavement� a rear (south) setback of 15 feet to buildinq, 10 feet to �aviny (one parking space) one foot to pavina (pool deck) and six feet to pool as a Residential Infill Proiect under the provisions of the Communitv Development Code (CDC) Section 2-404 F and to reduce portions of the otherwise required landscape buffer to four and five feet to pavement alonq the east and west, respectivel�as a Comprehensive Landscape Proqram under the provisions of CDC Section 3-1202 G and to permit a multi-use dock 835 square-feet in area, 114 feet in width an averaqe of 67 5 feet in lenqth (between 71 feet and 64 feet), a side (east) setback of 63 feet (to dock) and 28 feet (to tie pole) and a side (west) setback of 54 feet (to dock) and 38 feet (to tie pole) under the provisions of CDC Section 3-601.C.3. Community Development 8/20/2013 Proposed Use� Attached Dweliinqs (12 units) Neiqhborhood Associations� Clearwater Neiqhborhoods Coalition� Island Estates Civic Association Presenter� Mark 1�. Parry, AICP, Planner III � For Staff Report FLD2013-06021 see Agendas\Community Development Board�2010 s�2013\08/20/2013 Neil Spillane requested Party Status. Member Dame moved to grant Neil Spillane Party Status. The motion was duly seconded and carried unanimously. Alternate Member Funk did not vote. Marcelo Lopes requested Party Status. Member Carlough moved to grant Marcelo Lopes Party Status. The motion was duly seconded and carried unanimously. Alternate Member Funk did not vote. Member Dame moved to accept Mark Parry as an expert witness in the fields of redevelopment planning, comprehensive planning, annexation implementation, zoning, land use/rezoning applications, land development general planning code amendments, landscape ordinance, and special area plans/overlay districts. The motion was duly seconded and carried unanimously. Alternate Member Funk did not vote. Planner III Mark Parry referenced the August 16, 2013 letter from Jim Ford, President 210 Dolphin Point HOA (across canal from subject property), with concerns re landscaping, headlights, and light pollution. He said a recommended condition of approval requires the developer to work with staff to develop a landscape plan that provides sufficient buffers and prevents headlights from shining light from the property; he was confident the few places of concern can be fully screened. Code prohibits property lights from illuminating other properties. He spoke with Mr. Ford. Applicant representative John Bodziak said he worked with Mr. Parry throughout the planning process and the quality development will meet.all conditions of approval. He said he hired a top landscaping firm; landscaping will meet City standards and heed neighbor concerns by blocking lighting. He said the building will be attractive and a credit to the neighborhood. Party Status Holder Neil Spillane said density on Skiff Point needs to be reduced. He expressed concern that during construction, equipment and vehicles will obstruct street access and block the Fire Department if an emergency occurs. He said the last remaining parking space on the small cul-de-sac was removed recently; his visitors must park blocks away. He said the project is too large for the lot and the dock may be too big and extend too far into the channel. Community Development 8/20/2013 5 Party Status Holder Marcelo Lopes expressed concern the project will exacerbate parking problems on Skiff Point; he received two parking tickets within minutes on the cul-de-sac �;nrhen a service vehicle was at his home. He recommended the number of project units be reduced. He expressed concerns that construction equipment will block access to his home. Mr. Parry said the City must approve all street closings; the project must submit and follow a mobilization plan. The site is entitled to 12 units and must provide 2 parking spaces per unit; Code does not require additional parking for service vehicles. Marine & Aviation Department Director William Morris said the dock meets dimensional requirements. He had no objections. Party Status Holder Spillane said project flood insurance costs will be high. He expressed concern regarding safety and neighborhood difficulties associated with construction. He said it is not fair that Police ticket residents parked in the cul-de-sac but do not ticket contractors who park there. He said street parking should be grandfathered. Mr. Bodziak reviewed his staging plans, noting his firm has experience building in tight spots. He said the development's gate will be set off the street and the garage will be elevated sufficiently to allow contractor parking. He said each unit will be assigned one parking space; the other parking spaces will not be leased or sold. It was commented that construction should not affect neighbors if it is staged properly. The building's design with a garage height sufficient to allow contractor parking and the decision to assign only one parking space per unit were complimented. Discussion ensued regarding unassigned parking spaces. Attorney for the Board Jay Daigneault advised against adding a condition of approval related to the use of parking spaces. Member Dame moved to approve Case FLD2013-06021 based on the evidence and testimony presented in the application, the Staff Repo�t and at today's hearing, and hereby adopt the Findings of Fact and Conclusions of Law stated in the Staff Report with conditions of approval as listed. The motion was duly seconded and carried unanimously. Alternate Member Funk did not vote. G. REQUEST FOR RECONSIDERATION ITEM (Item 1) 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.kellevCc�avidaroup.com� Community Development 8/20/2013 6 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, approximately 500 feet north of Seminole Street. Atlas Paqe: 277B Existing Zoning: Downtown (D) and Preservation (P) Districts Request: Flexible Development application to amend a previouslv approved Flexible Development application to permit the addition of 200 drv slips and 14 new wet slips to an existing 66 wet-slip marina (87-wet slips oripinallv approved) includincla 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 Sincluding finro handicap spaces) (0.68 spaces per two slips); and a 1,000 sauare-foot retail/office buildinq as accessorv to the marina with a heiaht of 14 feet (as measured from BFE) in the Downtown (D) District and the Old Bav Character District of the Clearwater powntown Redevelopment Plan as a Comprehensive Infill Redevelopment Project, under the provisions of Communitv Development Code (CDC) Section 2-903.D. Proposed Use: Marina (80 wet slips and 200 drv slips); retail/office f 1,000 sauare-feet) Neiqhborhood Associations: Clearwater Neighborhoods Coalition; Old Clearwater Bay Neiqhborhood Association Presenter: Mark T. Parry, AICP, Planner III The CDB (Community Development Board) denied approval of this application on July 16, 2013. Attorney Daigneault said the applicant's submission of an appeal to the Circuit Court does not impact the applicant's request for the board to reconsider their decision. A reconsideration or rehearing can only be granted upon determination by the Board that their decision was based on a mistake, fraud, or misrepresentation. Todd Pressman, representative for the applicant, said he met with the citizens who addressed the board in July. He said residents think the proposed high and dry facility is too large. He said at the hearing, one or more board members suggested the application be modified while another board member said it was too late to do that. He said the applicant would have requested a continuance and returned with a modified plan had the board member not said it was too late. He said Mr. Parry told the board the requested use was not permissible, however, marinas are permissible in the downtown district and are not listed as a prohibited use in the Old Bay District. He said the applicant would withdraw the court appeal if the board reconsiders the application. Planner III Mark Parry said the downtown plan supersedes the Community Development Code. The Old Bay Character district restricts development to offices, residential dwellings, and limited neighborhood commercial uses. When the CDB approved the limited service marina, the board added a condition of approval that specifically prohibited an onsite high and dry facility. Consideration of the marina as a Community Development 8/20/2013 7 permitted use is not the point. A high and dry facility is not a limited neighborhood commercial use. He said staff did not misrepresent uses permitted on the subject site. In response to comments, Attorney Daigneault said board merribers cannot present evidence. In response to support for MAB (Marine Advisory Board) review of the application, Mr. Parry said the MAB is not authorized to supersede or amend the downtown plan. He said the board's condition of approval prohibiting an onsite high and dry facility served as a policy guide for staff. Assistant City Attorney Leslie Dougall- Sides said a high and dry facility on the subject site would be a Code violation as a condition of approval for the marina prohibits that type of facility onsite. In response to a comment, Attorney Daigneault said the applicant was the last one to address the board at the July hearing and could have requested a continuance at that time. Development Review Manager Robert Tefft reviewed application timelines and requirements. Mr. Pressman said it was a mistake when the board raised and dismissed the possibility of a continuance as the applicant would have submitted a modified plan had they been able to request a continuance. Planning & Development Director Michael Delk said the Code provides for submittal of modified plans with substantial changes. Attorney Daigneault said the board has no authority over the Planning Department or hearing requirements. In response to Mr. Pressman's question, Mr. Parry said the Code does not specifically prohibit high and dry facilities in the Old Bay District but does allow marinas. Mr. Pressman said it was a mistake for Mr. Parry to advise the board in July to deny the request because the use was not permitted and to state today that denial was based on the fact that a high and dry facility is not a limited commercial use. Attorney Daigneault reviewed definitions for "mistake, fraud, and misrepresentation." Discussion ensued with comments that the CDB knew marinas are permitted in the Old Bay Character district when they approved a limited marina use for the site and added a condition of approval specifically prohibiting a high and dry facility based on board sensitivity to residential concerns that the site only have limited commercial use. It was stated the board's decision to deny the request was appropriate and the board had not been mislead by staff which presented overwhelming evidence and made no misstatements. It was agreed that some board members had concerns regarding the size and intensity of the project. It was suggested a smaller high and dry facility may be appropriate. It was stated that no mistake, fraud, and misrepresentation had occurred. Concern was expressed that rules for the Old Bay District are confusing. Member Dame moved to deny the request to reconsider Case FLD2013-05019 based on the evidence and testimony presented in the application, the Staff Report and at today's hearing, and hereby make the following Findings of Fact based on said evidence: no mistake, fraud, or misrepresentation occurred during the July 16, 2013 presentation of this case and hereby issue the Conclusion of Law that the application does not comply with Code criteria. The motion was duly seconded and carried unanimously. Alternate Member Funk did not vote. Community Development 8/20/2013 8 H. ADJOURN Th� meeting adjourned at 2:35 p.m. Attest: Board Reporter Community Development 8/20/2013 Chair Community Development Board �]