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10/15/2013 COMMUNITY DEVELOPMENT BOARD MEETING MINUTES CITY OF CLEARWATER October 15, 2013 Chair Thomas Coates, Vice Chair Frank L. Dame, Member Richard Adelson, Member Brian A. Barker, Member Kurt B. Hinrichs, Member Norma R. Carlough, Member Donald van Weezel, Alternate Member John Funk Also Present: Attorney for the Board Brandon Hoffman, Assistant City Attorney Leslie Dougall-Sides, 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, Carlough, Hinrichs, van Weezel, Alternate Member Funk, City Staff C. APPROVAL OF MINUTES OF PREVIOUS MEETING: September 17, 2013 Member Dame moved to approve the minutes of the regular Community Development Board meeting of September 17, 2013, as recorded and submitted in written summation to each board member. 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. CONSENT AGENDA: The following cases are not contested by the applicant, staff, neighboring property owners, etc. and will be approved by a single vote at the beginning of the meeting (Items 1-4): 1 PULLED FROM CONSENT AGENDA Case: FLD2013-08025 - 625 South Gulfview Boulevard Level Two Application See Below 2. Case. FLD2013-08024 - 1510 Barry Road Level Two Application Owner/Applicant: Clearwater Professional Plaza, Ltd. Agent: Steven Band; 1991 Main Street, Box 183, Sarasota, FL 34236; phone: (941) 365-0200; email: sband(o)cpmgrp.com. Location: The 2.14 acre subject property is located on the north side of Barry Road approximately 330 feet east of Highland Avenue. Community Development 10/15/2013 1 Atlas Page: 307A Existing Zoning: Office (0) and Low Medium Density Residential (LMDR) Districts Request: Flexible Development application to permit an Assisted Living Facility (ALF) with up to 90 beds with a height of 22 feet, a front (south) setback of nine feet (to building), a front (north) setback of three feet (to parking), a side (east) setback of 74 feet (to building) and 2.6 feet (to parking), a side (west) setback of zero feet (to building and parking), a rear (north) setback of 33 feet (to building) and 4.7 feet (to parking and solid waste enclosure) and 75 parking spaces (0.83 spaces per resident) in the Office (0) District as a Comprehensive Infill Redevelopment Project under the provisions of Community Development Code (CDC) Section 2-1004.A; to permit non-residential off-street parking with a front (south) setback of 30 feet (to pavement) and side (east) setback of 35.5 feet (to pavement) and a rear (north) setback of 25 feet (to pavement) in the Low Medium Density Residential (LMDR) district as a Residential Infill Project under the provisions of CDC Section 2-204.A and to reduce the front (south) landscape buffer from 10 feet to three feet (to concrete wall), reduce the front (north) landscape buffer from 10 feet to three feet (to parking), reduce the side (east) landscape buffer from 12 feet to 2.6 feet (to parking), reduce the side (west) landscape buffer from five feet to zero feet (to building and parking), reduce the required number of canopy trees and eliminate the required foundation plantings along the front (south) fapade of two existing buildings as part of a Comprehensive Landscape Program under the provisions of CDC Section 3- 1202.G. Proposed Use: Assisted Living Facility Neighborhood Associations: Clearwater Neighborhoods Coalition Presenter: Matt Jackson, Planner III For Staff Report FLD2013-08024 see Agendas\Community Development Board\2010 s\2013\10/15/2013 See below for motion to approve. 3. Case: FLD2013-04017 - 1925 Calumet Street Level Two Application Owner/Applicant: Instrument Transformers, Inc. Agent: Ray Penkalski; 11907 Calumet Street, Clearwater, FL 33756; phone: (727) 687-3125; email: ray.penkalski(age.com Location: The 17.74 acre subject property is located approximately 470 feet southwest of the corner of Calumet Street and Hercules Avenue. Atlas Page: 262A Existing Zoning: Industrial research and Technology (IRT) District Request: Flexible Development application to permit the addition of 208,149 square-feet of manufacturing to an existing manufacturing use in the Industrial/ Research and Technology (IRT) District with a lot area of 772,704 square-feet, a Community Development 10/15/2013 2 lot width of 499.91 feet (along Calumet Street) and 329.74 feet (along Hercules Avenue), front (north) setbacks of 35.45 feet (to existing building six) and zero feet (to existing sidewalk); front (east) setbacks of zero feet (to existing pavement), 25 feet (to proposed building nine) and 20.65 feet (to proposed pavement); front (west) setbacks of six feet (to existing concrete pad), zero feet (to existing access walk), 24.35 feet (to existing buildings four and five), and 19.14 feet (to existing building six); side (north) setbacks of zero feet (to existing pavement), 3.49 feet (to existing pavement), 15.02 feet (to existing building seven) 19.62 feet to (existing building one),six feet (to existing concrete slab), 13.55 feet (to existing building ten), 4.83 feet (to proposed pavement), 0.73 feet (to existing pavement), five feet (to proposed building nine), zero feet (to existing pavement), 48.58 feet (to proposed parking); side (south) setbacks of zero feet (to existing pavement), zero feet (to proposed building nine), five feet (to proposed parking), 62.99 feet (to proposed building eleven); side (east) setbacks of zero feet to (existing pavement), 11.04 feet (to existing building six), 5.9 feet (to existing concrete slab), 25.62 feet ( to existing building eight), 10.16 feet (to existing building ten), side (west) setbacks of nine feet (to existing dumpster enclosure), 117.23 feet (to proposed parking), 23.21 feet (to proposed building eleven), 61.49 feet (to proposed building eleven); rear (west) setbacks of zero feet (to existing pavement) and five feet (to proposed building nine); a building height of 34 feet; and 353 parking spaces as a Comprehensive Infill Redevelopment Project, under the provisions of Community Development Code Section 2-1304.D.; as well as the elimination of the required shrubs in the perimeter landscape buffer to the north and west of buildings two through six, the elimination of the required perimeter landscape buffer on the east side of building six, the elimination of a portion of the required perimeter landscape buffer north of building five, the elimination of a portion of the required perimeter landscape buffer west of building seven, the elimination of the required perimeter landscape buffer east of building eight, the elimination of the required perimeter landscape buffer north of building nine, the elimination of the required perimeter landscape buffer south of building nine, the elimination of the required perimeter landscape buffer along the north, south and east property lines adjacent to the existing creek and drive to remain, the elimination of the required trees along a potion of the south property line, the elimination of the required foundation plantings along the north and west building facades of buildings two through six, the elimination of the required foundation plantings along the north building facade of building six, the elimination of the required foundation plantings along the east building facade of building nine, a reduction to the required area of landscaped islands from 150 square-feet to 128 square-feet, a reduction to the required number of trees from 215 to 159 and increase the number of parking spaces in a row from 10 spaces to 15 spaces as part of a Comprehensive Landscape Program under the provisions of Community Development Code Section 3-1202.G. Proposed Use: Manufacturing Community Development 10/15/2013 3 Neighborhood Associations: Clearwater Neighborhoods Coalition Presenter: Matt Jackson, Planner III For Staff Report FLD2013-04017 see Agendas\Community Development Board\2010 s\2013\10/15/2013 See below for motion to approve. 4. Case: TA2013-09008 - Amendments to the Community Development Code Level Three Application Applicant: City of Clearwater Request: Amendment to the Clearwater Community Development Code, Section 3-201.13. regarding accessory garages locations for attached dwellings. Neighborhood Association: Clearwater Neighborhoods Coalition Presenter: Gina L. Clayton, Assistant Planning and Development Director For Staff Report TA2013-09008 see Agendas\Community Development Board\2010 s\2013\10/15/2013 Member Dame moved to approve Cases FLD2013-08024 and FLD2013-04017 and to recommend approval of Case TA2013-09008 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. Alternate Member Funk did not vote. 1. Case. FLD2013-08025 - 625 South Gulfview Boulevard Level Two Application Owner/Applicant: Ted and Maria Lenart, Trustees of Lenart Family Trust UTD December 20, 1991 Agent: E.D. Armstrong, III, and Katherine E. Cole; Hill Ward Henderson, P.A., 311 Park Place Boulevard Suite 240 Clearwater, FL 33759-4904; phone: (727) 724-3900/(727) 259-6791; email: earmstrong(o)hwhlaw.com / kcole(o)hwhlaw.com) Location: The 0.69 acre subject property is located along the south side of South Gulfview Boulevard approximately 725 feet west of Parkway Drive and 300 feet east of the South Gulfview Boulevard and Bayway Boulevard intersection. Atlas Page: 285A Existing Zoning: Tourist (T) District Request: Flexible Development application for a Termination of Status of Nonconformity for a 64-room Overnight Accommodation use with an accessory deck adjacent to the south side of the site with a side (east) setback of zero feet, drive aisles between 18 and 22 feet in width and parking spaces between 15 and 17 feet in length and eight feet in width under the provisions of CDC Section 6- 109 and to reduce the area of interior landscaping from 10 percent to 6.5 percent Community Development 10/15/2013 4 of the vehicular use area as part of a Comprehensive Landscape Program under the provisions of CDC Section 3-1202.G. Proposed Use: Overnight Accommodations (64 units) Neighborhood Associations: Clearwater Neighborhoods Coalition and Clearwater Beach Presenter: Mark T. Parry, AICP, Planner III For Staff Report FLD2013-08025 see Agendas\Community Development Board\2010 s\2013\10/15/2013 Member Carlough 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 reviewed the Staff Report. Discussion ensued regarding the applicant's Development Agreement request before the City Council this week for allocation of up to 69 units from the Hotel Density Reserve under Beach by Design. Mr. Parry said the property owners request the CDB (Community Development Board) to approve a Termination of Status of Nonconformity for the parking lot, the accessory wood deck, and density to make 34 of the property's 64 rooms conforming. If future improvements exceed 25% of the site's assessed value, the property must meet Code requirements for parking and landscaping. Should the structure be destroyed by a calamitous event, this requested change would provide the property owners vested rights to replace it with a 64-room hotel that meets Code. The owners will have to follow normal procedures to request flexibility for setbacks. This case does not influence the separate issue before the City Council. Concern was expressed that a connection between the two applications exists and this request is inconsistent with half of the required criteria. Mr. Parry said the property is nonconforming with current Code. Attorney Katy Cole, representing the applicant, reviewed the limitations of this request. She said the property owners want to be protected should storm damage impact more than half of the site's assessed value. She said the owners know they need to upgrade the property as new hotels are being constructed on both sides of the subject property and they understand if improvements exceed 25% of the site's assessed value, parking and landscaping will have to meet Code. She said the property owner will meet all requirements listed in Development Code, Section 6-109 for termination of status as a nonconformity. Community Development 10/15/2013 5 Member Dame moved to approve Case FLD2013 -08025 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. Members Dame, Adelson, Barker, Hinrichs, Carlough and Chair Coates voted "Aye "; Member van Weezel voted "Nay." Motion carried. Alternate Member Funk did not vote. F. ADJOURNMENT The meeting adjourned at 1:45 p.m. t' Chair Community Development Board Community Development 10/15/2013 6 Li!jyater Interdepartmental Correspondence Sheet TO: Community Development Board Members FROM: Robert Tefft, Development Review Manager COPIES: Leslie Dougall- Sides, Assistant City Attorney: Susan Chase, Documents and Records Specialist. /Pat Sullivan, Board Reporter SUBJECT: Agenda Items for October 15, 2013 DATE: October 10, 2013 CDB packets being distributed contain the following: Site investigation form Unapproved minutes of previous meeting September 17, 2013 Agenda Level Two Applications (Items 1 -3) 1. Case: FLD2013 -08025 — 625 South Gulfview Boulevard Planner: Mark Parry, Planner III Yes x No 2. Case: FLD2013 -08024 — 1510 Barry Road Planner: Matt Jackson, Planner III Yes X No 3. Case: FLD2013 -04017 — 1925 Calumet Planner: Matt Jackson, Planner III Yes k No Level Three Applications (Item 1) 1. Case: TA2013 -09008 — Amendments to the Community Development Code Presenter: Gina L. Clayton, Assistant Planning and Development Director I have conducted a personal investigation on the personal site visit to the followinj' properties. Signature: )G4-1A 12-12 AbEN PRINT NAME Date: �5/l3 ,11s5 -a pds Planning Deparonent C D B ,4gendas DRC n 1 DB CDB 2013 10 October 20134 Cover .11E310 2013 do( LL } Clearwater Interdepartmental Correspondence Sheet TO: Community Development Board Members FROM: Robert Tefft, Development Review Manager COPIES: Leslie Dougall- Sides, Assistant City Attorney; Susan Chase, Documents and Records Specialist, /Pat Sullivan, Board Reporter SUBJECT: Agenda Items for October 15, 2013 DATE: October 10, 2013 CDB packets being distributed contain the following: Site investigation form Unapproved minutes of previous meeting September 17, 2013 Agenda Level Two Applications (Items 1 -3) 1. Case: FLD2013 -08025 — 625 South Gulfview Boulevard Planner: Mark Parry, Planner III Yes No 2. Case: FLD2013 -08024 — 1510 Barry Road Planner: Matt Jackson, Planner III \ / Yes No X 3. Case: FLD2013 -04017 — 1925 Calumet Planner: Matt Jackson, Planner III Yes No Level Three Applications (Item 1) 1. Case: TA2013 -09008 — Amendments to the Community Development Code Presenter: Gina L. Clayton, Assistant Planning and Development Director I have conducted a ersonal investi ! ation on th ; ersonal site visit to the ollowi Signature: — ��.� ' Date: Ix. )1 PRINT NAME IIMs5 -alpds \Planning Department\C D BlAgendas DRC & CDBICDB12013110 October 201311 Cover MEMO 2013.doc learwater Interdepartmental Correspon ience Sheet TO: Community Development Board Members FROM: Robert Tefft, Development Review Manager COPIES: Leslie Dougall- Sides, Assistant City Attorney: Susan Chase, Documents and Records Specialist, /Pat Sullivan, Board Reporter SUBJECT: Agenda Items for October 15, 2013 DATE: October 10, 2013 CDB packets being distributed contain the following: Site investigation form Unapproved minutes of previous meeting September 17, 2013 Agenda Level Two Applications (Items 1 -3) 1. Case: FLD2013 -08025 — 625 So Gulfview Boulevard Planner: Mark Parry, Planner II Yes No 2. Case: FLD2013 -08024 — 1510 Barry Road Planner: Matt Jackson, Planner IIII Yes No 3. Case: FLD2013 -04017 — 1925 met Planner: Matt Jackson, Planner I Yes No Level Three Applications (Item 1) 1. Case: TA2013 -09008 — Amendments to the Community Development Code Presenter: Gina L. Clayton, Assistant Planning and Development Director I have conduct Signatur4 PRINT NAME so, esti a ion • z the personal site visit to the followinji properties. r Date: f �� , 3, L_c� 11s5 -a pds`Planning Department (' 1) B agendas DRC cl (-DB CDB 2013 10 October 2013 1 Cover 11E -1 /O 20 /3.doc Clearwater Interdepartmental Correspondence Sheet TO: Community Development Board Members FROM: Robert Tefft, Development Review Manager COPIES: Leslie Dougall- Sides, Assistant City Attorney; Susan Chase, Documents and Records Specialist, /Pat Sullivan. Board Reporter SUBJECT: Agenda Items for October 15, 2013 DATE: October 10, 2013 CDB packets being distributed contain the following: Site investigation form Unapproved minutes of previous meeting September 17, 2013 Agenda Level Two Applications (Items 1 -3) 1. Case: FLD2013 -08025 — 625 South Gulfview Boulevard Planner: Mark Parry, Planner III Yes No 2. Case: FLD20 3-024 — 1510 Barry Road Planner: Matt Jackson, Planner III Yes No Case: FLD ‘cr- 3. 3 -04017 — 1925 Calumet Planner: Matt Jackson, Planner III Yes No Level Three Applications (Item 1) 1. Case: TA2013 -09008 — Amendments to the Community Development Code Presenter: Gina L. Clayton, Assistant Planning and Development Director I have conducted a r . sonal investijation on the personal site visit to the following properties. Signature: PRINT NAME Date: 26‘ !so (t.. 11s5 -a pds'Pl nuring Department (' D B Agendas DRC & CDB ' CDB 2013 10 October 2013 1 Dover 9/E \10 20 /3.doc Clearwater Interdepartmental Correspondence Sheet TO: Community Development Board Members FROM: Robert Tefft, Development Review Manager COPIES: Leslie Dougall- Sides, Assistant City Attorney: Susan Chase, Documents and Records Specialist. /Pat Sullivan, Board Reporter SUBJECT: Agenda Items for October 15, 2013 DATE: October 10, 2013 CDB packets being distributed contain the following: Site investigation form Unapproved minutes of previous meeting September 17, 2013 Agenda Level Two Applications (Items 1 -3) 1. Case: FLD2013 -08025 — 625 South Gulfview Boulevard Planner: Mark Parry, Planner III Yes No 2. Case: FLD2013 -08024 — 1510 Barry Road Planner- Matt Jackson, Planner III Yes `� No 3. Case: FLD2013 -04017 — 1925 Calumet Planner: Matt Jackson, Planner III Yes . No Level Three Applications (Item 1) 1. Case: TA2013 -09008 — Amendments to the Community Development Code Presenter: Gina L. Clayton, Assistant Planning and Development Director I have conducted . 'rsona 'stigation on the personal site visit to the following properties. Signature: PRINT NAME L Date: /6 Ai 4-S 1.1s5-a pds Planning Department C D B_4gendas DRC 3 CUB ( 'DB 2013 10 October 2013 1 Cover AtE.11O 2013.doc U Clearwater Interdepartmental C,Jrrespondence Sheet TO: Community Development Board Members FROM: Robert Tefft, Development Review Manager COPIES: Leslie Dougall- Sides, Assistant City Attorney: Susan Chase, Documents and Records Specialist, /Pat Sullivan, Board Reporter SUBJECT: Agenda Items for October 15, 2013 DATE: October 10, 2013 CDB packets being distributed contain the following: Site investigation form Unapproved minutes of previous meeting September 17, 2013 Agenda Level Two Applications (Items 1 -3) 1. Case: FLD2013 -08025 — 625 South Gulfview Boulevard Planner: Mark Parry, Planner III Yes No 2. Case: FLD2013 -08024 — 1510 Barry Road Planner: Matt Jackson, Planner III Yes No 3. Case: FLD2013 -04017 — 1925 Calumet Planner: Matt Jackson, Planner III Yes No Level Three Applications (Item 1) 1. Case: TA20 1 3 -09008 — Amendments to the Community Development Code Presenter: Gina L. Clayton, Assistant Planning and Development Director I have conducted a erson4 inv • Iron on the ersonal site visit to the followinj properties. Signature: C Date: /V/ 2/ ;U ((( PRINT NAME 11s? -c� pds Planning Department C D B Ag,encias DRC d CDB CDB 2013' 10 October 2013'1 Cover 11E.110 2013.doc Clearwater Interdepartmental Correspondence Sheet TO: Community Development Board Members FROM: Robert Tefft, Development Review Manager COPIES: Leslie Dougall- Sides, Assistant City Attorney: Susan Chase, Documents and Records Specialist, /Pat Sullivan, Board Reporter SUBJECT: Agenda Items for October 15, 2013 DATE: October 10, 2013 CDB packets being distributed contain the following: Site investigation form Unapproved minutes of previous meeting September 17, 2013 Agenda Level Two Applications (Items 1 -3) 1. Case: FLD2013 -08025 — 625 South Gulfview Boulevard Planner: Mark Parry, Planner III Yes No �/ 2. Case: FLD2013 -08024 — 1510 Barry Road Planner: Matt Jkson, Planner III Yes r/ No 3. Case: FLD2013 -04017 — 1925 Calumet Planner: Matt J kson, Planner III Yes / No Level Three Applications (Item 1) 1. Case: TA2013 -09008 — Amendments to the Community Development Code Presenter: Gina L. Clayton, Assistant Planning and Development Director I have conducted a personal tvestijiation on the personal site visit to the following properties. Signature: �- Date: l C (251 PRINT NAME 31s5 -a pds Planning Deparlmen/C, D B Agendas DR(' 8 CDB CDB 2013 10 October 2013 / Cover.11EA1O 20 /3.doc Clearwater Interdepartmental Correspondence Sheet TO: Community Development Board Members FROM: Robert Tefft, Development Review Manager COPIES: Leslie Dougall- Sides, Assistant City Attorney; Susan Chase, Documents and Records Specialist. /Pat Sullivan, Board Reporter SUBJECT: Agenda Items for October 15, 2013 DATE: October 10, 2013 CDB packets being distributed contain the following: Site investigation form Unapproved minutes of previous meeting September 17, 2013 Agenda Level Two Applications (Items 1 -3) 1. Case: FLD2013 -08025 — 625 South Gulfview Boulevard Planner: Mar Parry, Planner III Yes No 2. Case: FLD2013 -08024 — 1510 Barry Road Planner: Ma)t Jackson, Planner III Yes t/ No 3. Case: FLD2013 -04017 — 1925 Calumet Planner: Matt Jackson, Planner III Yes No Level Three Applications (Item 1) 1. Case: TA2013 -09008 — Amendments to the Community Development Code Presenter: Gina L. Clayton, Assistant Planning and Development Director I have conducted a : ersom investi ' on on the personal site visit to the following properties. Signature: d=im Date: / i // 3 PRINT NA 1Is) -a pds Planning Department C D B Agendas DRC cZ CDB CDB 2013'10 October 2013' 1 Corer ME.l10 2013 -doc