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MINUTES FOR APPROVAL - 11/19/2013COMMUNITY DEVELOPMENT BOARD MEETING MINUTES CITY OF CLEARWATER November 19, 2013 Awaiting approv;�l — 2 exhibits & form 8B Vice Chair Frank L. Dame, Member Richard Adelson, Member Brian A. Barker, Member Kurt B. Hinrichs, Member Norma R. Carlough, Member ponald van Weezel, Acting Member John Funk Absent: Chair Thomas Coates Also Present: Attorney for the Board Jay Daigneault, Assistant City Attorney Leslie Dougall-Sides, Development Review Manager Robert Tefft, Board Reporter Patricia O. Sullivan A. CALL TO ORDER, INVOCATION. PLEDGE OF ALLEGIANCE The Vice 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, Actinq Member Funk, City Staff C. APPROVAL OF MINUTES OF PREVIOUS MEETING: October 15, 2013 Member van Weezel moved to approve the minutes of the regular Community Development Board meeting of October 15, 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 HEARD ON AGENDA: None. E. REQUEST TO CONTINUE ITEMS TO DECEMBER 17, 2013: (Items 1-2) 1. Case: FLD2013-08028 - 691 S. Gulfview Boulevard Level Two Application Owner: Enchantment, LLC Aqent: Ed Hooper (P.O. Box 4268, Clearwater, FL, 33756; phone: 727) 458- 4571; email: ehooper1 ,aol.com� Location: 1.377 acres at the southwest corner of Parkway Drive and South Gulfview Boulevard Atlas Page: 285A Zoninq: Tourist fT) and Open Space/Recreation (OS/R) Districts S�ecial Area Plan: Beach by Desiqn (Clearwater Pass District) Request: Flexible Development approval to permit a 202-room overniqht accommodation use (67 units from base density, 43 units obtained throuqh a Community Development 11/19/2013 Termination of Status of Non-conformity under FLD2005-06057/TDR2005-07023 and 92 rooms obtained from the Hotel Density Reserve under HDA2013-08001) in the Tourist (T) District with a lot area of 1.377 acres (1.34 acres zoned T District and 0.03 acres zoned Open Space/Recreation District), a lot width of 240 64 feet a front (north) setback of 15.02 feet (to buildinq), a side (east) setback of 13.16 �to Balcony) and 15 feet (to buildinq). a side (west) setback of 13 17 (to balcony) and 15.2 feet (to buildinq) a rear (south) setback of 20 feet (to buildinc� a building heiqht of 150 feet above Base Flood Elevation to top of roor deck� 244 parkinq spaces at 1 2 parkinq spaces per hotel room� and approval of a two �ear development order as a Comprehensive Infill Redevelopment Project under the provisions of Section 2-803.D. Proposed Use: Overniqht Accommodations Neiqhborhood Associations: Clearwater Beach Association; Clearwater Neiqhborhoods Coalition Presenter: Kevin W. Nurnberqer, Planner III Member Barker declared a conflict of interest. Member van Weezel moved to continue Case: FLD2013-08028 to December 17, 2013. The motion was duly seconded. Members Adelson, Hinrichs, Carlough, and van Weezel, Acting Member Funk, and Vice Chair Dame voted "Aye." Member Barker abstained. Motion carried. 2. Case: APP2013-00002 - 801 Bay Esplanade Owner/Appellant: William Blackwood; 627 Bay Esplanade, Clearwater, FL 33767 Aqent� Elizabeth J. Daniels Esq. (911 Chestnut Street, Clearwater, FL 33756; phone: (727)461-1818; email: bethd(a�jpfirm.com) Location: 0.174 acre (0.149 acre upland, 0.025 acre submerged) at the northeast corner of Bay Esplanade and Mango Street Atlas Paqe: 249A Zoning: Low Medium Density Residential (LMDR) District Request: An A�peal of a Level One (Flexible Standard Development) decision � the Community Development Coordinator who denied an application for certain deviations to the dock requirements for the property located at 801 Bav Esplanade under the appeal provisions of Article 4(Development Review and Other Procedures), Division 5(Appeals) of the Community Development Code Code . Proposed Use: Dock as an accessory use for a single-family detached dwellinq Neighborhood Associations: Clearwater Beach Association; Clearwater Neiqhborhoods Coalition Presenter: Melissa Baker, Planner II Member Carlough moved to continue Case: APP2013-0002 to December 17, 2013. The motion was duly seconded and carried unanimously. Community Development 11 /19/2013 F. CONSENT AGENDA: The followinq cases are not contested bY the applicant, staff neiqhborinct propertv owners, etc. and will be approved bv a sinqle vote at the be_�tinninq of the meetinq: (Items 1-6) - 1. Case: FLD2013-08029 - 348 Coronado Drive Level Two Application Owner: 348 Coronado, LLC. Aqent: Sarah Ferfoglia John A Bodziak Architect (5530 1st Aver�ue North, St. Petersburq FL, 33710; phone: (727) 420-8759; email: sarah12421 c(r�.iuno.com) Location: 0.23 acre on the west side of Coronado Drive approximatelv 70 feet north of 5th Street and 75 feet south of Brightwater Drive. Atlas Paqe: 276A Zoninq: Tourist T District Special Area Plan: Beach by Desiqn (Beach Walk District) Request: Flexible Development approval to permit a 3,220 square-foot Mixed Use with 2 240 square-feet of office space and 980 square-feet dedicated to a single dwelling unit in the Tourist (T) District with a lot area of 0.23 acres, a lot width of 100 feet, a front (east) setback of 19 feet (to existinq buildinq), 3.4 feet (to edqe of existinq deck) and 4.75 feet (to existinq pavement), a side (north) setback of 52 feet (to existing buildinq) and 5.5 feet (to existinq pavement), a side (south) setback of three feet (to existinq building) and zero feet (to existinq concrete pad) and 3.5 feet (to edge of existinq deck), a rear (west) setback of 2.75 feet (to existinq building), 4.75 feet (to existinq pavement), a buildinq heiqht of 22.5 feet above grade (nine feet above Based Flood Elevation) and 12 parkinq spaces, under the provisions of Community Development Code (CDC) Section 2-803.0 and to reduce the amount of interior landscapina as based on the amount of vehicular use space from 10 percent (434 square-feet) to eight percent (339 square-feet) as part of a Comprehensive Landscape Program under the provisions of CDC Section 3-1202.G. Proposed Use: Mixed Use (2,240 square-feet Office, and one 980 square-foot dwelling unit Neighborhood Associations: Clearwater Beach Association; Clearwater Neighborhoods Coalition Presenter: Mark T. Parry, Planner III For Staff Report FLD2013-08029 see Agendas\Community Development Board�2010 s�2013\11 /19/2013 , See below for motion of approval. 2. Case: FLD2013-09034 - 2430 Gulf-to-Bay Boulevard Level Two Application Owner: Alan Rophie, Ralph Rophie, Cecilia Betech and Cheryl Cohen Aqent: Jason Kinney, Kinney Engineering (2573 34th Avenue North, Saint Petersburg, FL 33716; phone: (727) 804-6922; email: jason(a�kinne� Community Development 11/19/2013 engineering.com) Location� 0 96 acre located at the northwest corner of Guif-to-Bav Boulevard and Kiimer Avenue Atlas Pac;e: 290B Zoning: Commercial (C) District � Request� Flexible Development application to permit a 7,387 square-foot Retail Sales and Services use in the Commercial (C) District with a lot area of 41,999 square-feet lot widths of 150 feet (alonq Gulf-to-Bay Boulevard), 280.02 feet �alonq Kilmer Avenue) and 150 feet (alonq Shelley Street), a buildinq heiqht of 21 feet (to top of flat roofl front (north) setbacks of 40 feet (to pavement) and 92.83 feet (to building) front (south) setbacks of 15 feet (to pavement) and 71.83 feet (to buildinq) front (east) setbacks of 10 feet (to pavement) and 75.5 (to buildinq) side (west) setbacks of 10 feet (to pavement), 10 feet (to buildina) and 11 feet (to dumpster pad) and 37 off-street parkina spaces, as a Comprehensive Infill Redevelopment Proiect, pursuant to Community Development Code (CDC) Section 2-704.E. along with the elimination of a portion of the required foundation plantinqs alonq the front (south) fa�ade of the buildinq and the elimination of the required foundation plantinqs along the front (east) facade of the building as part of a Comprehensive Landscape Proqram pursuant to CDC Section 3-1202.G. Proposed Use: Retail Sales and Services Neic,�hborhood Association: Clearwater Neiqhborhoods Coalition Presenter: Matt Jackson, Planner III For Staff Report FLD2013-09034 see Agendas\Community Development Board�2010 s�2013\11/19/2013 See below for motion of approval. 3. Case: FLD2013-09032 - 1608 Gulf-to-Bay Boulevard Level Two Application Owner: Sam C. Liu & Judy Y. Liu Aqent: Eric Eqozi (3467 Woodridge Parkway, Palm Harbor, FL 34684; phone: �727) 517-5999; email: egozimiscCa�qmail.com) Location: 0.747 acre on the north side of Gulf-to-Bay Boulevard approximately 69 feet west of S. Lake Drive Atlas Paqe: 288B Zoning: Commercial (C) and Low Medium Density Residential (LMDR) Districts Request: Flexible Development application to allow a(1) Medical Clinic in a 5,350 square-foot building at 1608 Gulf-to-Bay Boulevard (Parcel #14-29-15- 49716-000-0050) in the Commercial District with a lot area of 0.30 acre (13,074 square-feet); a lot width of 101.30 feet (alonq Gulf-to-Bay Boulevard); a front setback (south) of 16 feet (to building); side (east) setbacks of 2 feet (to canopy), 3 feet (to pavement), and 24 feet (to building); side (west) setbacks of 2 feet (to structure) and 5 feet (to building); rear setbacks of zero feet (to canopy) and 23 Community Development 11/19/2013 feet (to buildinq)• and a building heiqht of 30 feet (to mid-point of pitched roofl, as a Comprehensive Infill Redevelopment ProLct pursuant to Section 2-704.E ; and �2) a non-residential parking lot in the Low Medium Densitv Residential (LMDR) District (Parcel 14-29-15-49716-000-0010) with a lot area of 0.44 acre (19,484 square-feet)� a lot width of 70.2 feet (along South Lake Drive) and 71 feet (alonq Yelvinqton Avenue)� a front (west) setback of 15.3 feet (to pavement); a front �east) setback of 70 feet (to �avement); a side (north) setback of 5 feet (to pavement) and a side (south) setback of zero feet (to canopy structure); and 28 non-residential parking spaces as a Residential Infill Project pursuant to Section 2-204.E. as well as a reduction to the east side perimeter landscape buffer from 5 feet wide to 2 feet wide- a reduction to the west side perimeter landscape buffer from 5 feet wide to 2 feet wide; a reduction to the north side perimeter landscape buffer from 10 feet wide to 5 feet wide; and a reduction of the rear (north) perimeter landscape buffer from 5 feet wide to zero feet; and the use of 33 accent and palm trees in lieu of 20 shade trees as a Comprehensive Landscape Proqram pursuant to Section 3-1402.G. Proposed Use: Medical Clinic Neiqhborhood Associations: Clearwater Neighborhoods Coalition; Skvcrest Neighborhood Association Presenter: Kevin W. Nurnberqer, Planner III For Staff Report FLD2013-09032 see Agendas\Community Development Board�2010 s�2013\11/19/2013 For Revision to Condition of Approval #6 see EXHIBIT: Memorandum FLD2013-09032 2013-11-19 See below for motion of approval. 4. Case: FLD2013-08030 - 41 1 Mandalay Avenue Level Two Application Owner: Harriet J. Tre Carratt; Kaliope Trust C/O Peter D. Carratt Aqent: Jon Baines, American Road Group (3770 37th Street, Orlando, FL 32805; phone: (707) 423-0346 ext. 2002; email: jbaines(a�americanroad.biz) Location: 0.06 acre on the east side of Mandalay Avenue approximatelv 425 feet north of the Causeway roundabout Atlas Paqe: 267A Zoninq: Tourist (T) District Request: Flexible Development application to allow a Retail Sales and Service use in a new 1,650 square-foot buildinq in the Tourist (T) District with a lot area of 0.06 acre (2,705 square-feet); a lot width of 25 feet; a front (west) setback of zero feet (to building); a side (north) setback of 1.5 feet (to building�; a side �south) setback of 1.5 feet (to buildinq); and rear (east) setbacks of zero feet (to concrete , 4.2 feet (to chain link fence), 26 feet (to stairs), and 30.5 feet (to building); a building heiqht of 17 feet (to flat roofl as a Comprehensive Infill Redevelopment Project pursuant to Community Development Code Section 2- Community Development 11 /19/2013 803 D as weli as a reduction to the required foundation landscapinq area width from five feet to zero feet as a part of a Comprehensive Landscape Proqram pursuant to Commun� Development Code Section 3-1202.G. Proposed Use: Retail Sa{es and Services Neighborhood Associations: Clearwater Neiqhborhoods Coalition; Clearwater Beach Association Presenter: Kevin W. Nurnberqer, Planner III For Staff Report FLD2013-08030 see Agendas\Community Development Board�2010 s�2013\11 /19/2013. For Revision to Condition of Approval #7 see EXHIBIT: Memorandum FLD2013-08030 2013-11-19 Member van Weezel moved to approve Cases FLD2013-08029, FLD2013-09034, FLD2013-09032, and FLD2013-08030 on today's Consent Agenda based on evidence in the record, including the application(s) and the Staff Report(s), and hereby adopt the Findings of Fact and Conclusions of Law stated in the Staff Report(s), with conditions of approval as listed. The motion was duly seconded and carried unanimously. 5. � PULLED FROM CONSENT AGENDA Case: Amendments to Beach By Desiqn Level Three Application Applicant: City of Clearwater See Below PULLED FROM CONSENT AGENDA Case: TA2013-10009 - Amendments to the Community Development Code Leve/ Three Application Applicant: City of Clearwater See Below 5. Case: Amendments to Beach By Desiqn Level Three Application Applicant: City of Clearwater Request: Amendments to Beach by Desi_qn expanding the eliQibility criteria for developments seekinq rooms from the Hotel Density Reserve, establishinq minimum side setbacks in the Small Motel District and requirinq certain existing front setback and stepback requirements for hotels along Coronado Drive to also apply to properties with frontage on Hamden Drive. Neic�hborhood Association: Clearwater Beach Association; Clearwater Neiahborhoods Coalition Presenter: Gina L. Clayton, Assistant Planning and Development Director Community Development 11/19/2013 6 For Staff Report for Amendments to Beach by Design see Agendas\Community Development Board�2010 s�2013\11/19/2013 Assistant Plan�iing and Development Director Gina Cla��rton reviewed the Staff Report. In response to questions, she said the City could not regulate property ownership. Requiring that hotel rooms remain open to the public on a daily basis and prohibiting full kitchens focus on the operational characteristics of a hotel and encourage guests to patronize local businesses. Graphics in the Ordinance were being replaced to better convey step back requirements. The City Council requested that amended guidelines extend down Hamden Drive. An architectural firm provided numerous design solutions for developing small Hamden Drive properties. The City does not require Hamden Drive lots to be unified for development. Some Coronado Drive lots are similarly small. Member Hinrichs moved to recommend approval of Case Amendments to Beach by Design based on the evidence and testimony presented in the application, the Staff Report and at today's hearing, and hereby adopt the Findings of Fact and Conclusions of Law stated in the Staff Report. The motion was duly seconded and carried unanimously. 6. Case� TA2013-10009 - Amendments to the Community Development Code Level Three Application Applicant: CitYof Clearwater Request: Amendments to the Clearwater Community Development Code revising footnotes to Tourist (D) District Tables 2-802 and 2-803 reaardinq the applicability of use heiqht and setback standards set forth in Beach bv Desiqn. Neiqhborhood Association: Clearwater Neiqhborhoods Coalition Presenter: Gina L. Clayton, Assistant Planning and Development Director For Staff Report TA2013-10009 see Agendas\Community Development Board�2010 s�2013\11 /19/2013 Assistant Planning and Development Director Gina Clayton reviewed the Staff Report. Setbacks and step backs apply to Coronado and Hamden drives. This item was related to Item F5. Member Carfough moved to recommend approval of Case TA2013-10009 based on the evidence and testimony presented in the application, the Staff Report and at today's hearing, and hereby adopt the Findings of Fact and Conclusions of Law stated in the Staff Report. The motion was duly seconded and carried unanimously. G. LEVEL TWO APPLICATIONS (Items 1) 1. Case: FLD2013-09031 - 880 Mandalay Avenue Level Two Application Owner: Regatta Beach Club Condominium Association, Incorporated Community Development 11/19/2013 7 Agent: Jerry Panagrossi Property Manaqer, Reqatta Beach Club (880 Mandalav Avenue Clearwater, FL 33767; phone: (727) 446-3700; email: ipanaqrossi@resourcepropertymgmt.com) Location: 3.4 acres located on the�west side of Mandalay Avenue directiv �vest of the intersection of Mandalay Avenue and Kipling Plaza Atlas Page: 238A Zoninq: Hiqh Density Residential (HDR) District Request: Flexible Development application to (1) Termination of Status of Nonconformity for accessorv structures (carports) location in front of a principal structure pursuant to Community Development Code (CDC) Section 6-109: (2) a reduction to the front (north, south and east) perimeter landscape buffer from 15 feet to zero feet a reduction of the required interior parkinq island area from 150 to 80.15 square-feet a reduction in the square-feet of interior landscapinq from 14 981 to 12 425 an increase the number of parkinq spaces in a row from 10 to 21 a reduction in the number of required interior trees and a reduction to the required width of interior isl_ands from eiqht to five feet, as part of a Comprehensive Landscape Proqram pursuant to CDC Section 3-1202.G. Proposed Use: Attached Dwellinqs Neiqhborhood Associations: Clearwater Neiqhborhoods Coalition; Clearwater Beach Association Presenter: Matt Jackson, Planner III For Staff Report FLD2013-09031 see Agendas\Community Development Board�2010 s�2013\11 /19/2013 Acting Member Funk moved to accept Matthew Jackson as an expert witness in the fields of zoning, site plan analysis, planning in general, and landscape ordinance. The motion was duly seconded and carried unanimously. Les Tindell requested Party Status. Acting Member Funk moved to grant Les Tindell Party Status. The motion was duly seconded and carried unanimously. Planner III Matt Jackson reviewed the Staff Report. One condition of approval requires the Regatta Beach Club to maintain the right-of-way in its current condition. No major changes will be made to the carports. Property Manager Jerry Panagrossi said replacing the dilapidated carports would enhance the property. He reviewed plans for expanded landscaping. Party Status Holder Les Tindall opposed the request. He said the carports have not been maintained since 2004. He said City staff first stated that the carports could not be replaced. He said the Board of Directors approved the expenditure to replace the Community Development 11/19/2013 8 carports, however, State law requires that 75% of owners approve common area projects. One resident opposed tne request. Mr. Jackson said originally staff did not think it would be possible to replace a non conforming use. He said Termination of Status is rarely used but came to light as a path to replace the rundown carports. � Party Status Holder Tindall said the request does not meet Code as there will not be a perimeter buffer. He expressed concern that lasers on property access gates damage the eyes of drivers and pedestrians. Mr. Panagrossi said management had done all possible to repair the carports; 7 collapsed during inclement weather last year. He said the carports will meet Code and new wind load standards. He said standard entrance gates use lasers to scan bar codes; he said there was no proof that the lasers harmed anyone. Acting Member Funk moved to approve Case FLD2013-09031 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. H. CONSIDERATION OF APPEALS (Items 11: 1. Case: APP2013-00003 - 880/900 North Osceola Avenue Owner/Appellant: David McComas; Clearwater Basin Marina, LLC. Aqent: Todd Pressman (P.O. Box 6015, Palm Harbor, FL, 34684; phone: (727) 804-1760; email: pressmaninc(a�aol.com) Location: 5.10 acres (3.55 acres upland and 1.55 acres submerged) on the west side of North Osceola Avenue at the terminus of Nicholson Street, approximately 500 feet north of Seminole Street Atlas Paqe: 2776 Zoning: Downtown (D) and Preservation (P) Districts Special Area Plan: Clearwater powntown Redevelopment Plan (Old Bay Character District) Request: An appeal of an administrative interpretation of Community Development Code (CDC) Section 4-202.G which provides that no application shall be accepted durinq the followin tq ime periods after the denial of a substantially similar application affecting the same propertv or any portion thereof for nine months from the date of denial. Proposed Use: Marina (80 wet slips and 188 dry slips); retail/office (1,000 square-feet) Community Development 11/19/2013 9 Neiqhborhood Associations: Clearwater Neiqhborhoods Coalition; Old Clearwater Bay Neic�hborhood Association Presenter: Mark T. ParryL Planner III For Staff Report APP2013-00003 see Agendas\Community Development Board�2010 s�2013\11 /19/2013 Acting Member Funk 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. The Vice-Chair reviewed Code appeal requirements. Planner III Mark Parry reviewed the Staff Report. In response to a question, he said the submittal is substantially similar to the application denied by the CDB in July, even if the number of berths was reduced. Todd Pressman, representing the Owner/Appellant, said extensive changes were made to the application; the structure's character is different and large public spaces were added. He said in response to neighbor concerns, all activity was relocated to the building's west end, interior insulation was added, rules for quiet forklifts were adopted, 88 parking spaces were added, the dumpster was moved away from a residence, and the number of berths was reduced from 200 to 168. He said the list of prohibited uses in the Old Bay District does not inc�ude high and dry marinas. He said the MAB (Marine Advisory Board) had recommended approval of a high and dry marina on this site. He said downtown development goals included recreational uses. He said the decision will be in harmony with the general intent and purpose of the development code and will not be detrimental to the public health, safety and general welfare. Joe Gaynor, attorney representing the Owner/Appellant, said the applicant met with neighboring residents to design a high and dry marina that was compatible with their concerns. He said the proposal meets State guidelines for a closed high and dry marina and fits in with the Seminole Boat Ramp use. He said the project is good for downtown development and noted the CDB had expressed support for this type of facility. He said the application would meet criteria if the overlay district line was moved or district requirements were amended. He noted residential development had failed on this site. He said the applicant was seeking all viable alternatives to construct a successful development for the business and community. Planning and Development Director Michael Delk reviewed the Code, stating the process outlined in the Code was important. The MAB does not have a codified role to Community Development 11 /19/2013 10 implement Code. He said adjustments to the site plan did not make the application substantially different from the original proposal. In response to comments related to a working waterfront, Seminole Boat F:amp, and neighbor remarks, Attorney for the Board Jay Daigneault said the CDB was tasked with determining if the new application was substantially similar to the original proposal, not with approving the application. Mr. Pressman said the application was substantially changed as it altered the development's character and reduced its intensity. He said this appeal would allow the new application to move forward in December, rather than waiting until April 2014. He said the neighbors would be in attendance today if they objected to the proposal. Discussion ensued. It was noted that some board members did not oppose a high and dry marina on this site as long as the developer worked with neighbors on a scaled down design supported by the neighbors. Comments were made that the application was not substantially different from the proposal considered in July and that the new plan reduced the size of the facility by approximately 16%. Regret was expressed that the public was not present to address the board. It was felt that a high and dry marina does not seem to fit in this transitional zone. It was noted that the CDB had approved the marina with a condition of approval that a high and dry marina not be built onsite. Acting Member Funk moved to deny the appeal, Case APP2013-00003, and affirm the Staff's development order denying the application based on the evidence and testimony presented in the application, the Staff Report and at today's hearing, and hereby adopt the Staff's Findings of Fact and Conclusions of Law stated in the Staff Report. The motion was duly seconded. Members Adelson, Barker, and van Weezel, Acting Member John Funk, and Vice Chair Dame voted "Aye"; Members Hinrichs and Carlough voted "Nay." Motion carried. I. ADJOURNMENT The meeting adjourned at 2:43 p.m. Attest Board Reporter Chair Community Development Board Community Development 11/19/2013 11