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MINUTES FOR APPROVAL - 01/21/2014COMMUNITY DEVELOPMENT BOARD MEETING MINUTES CITY OF CLEARWATER January 21, 2014 Awaiting approval — one exhibit 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 Jay Daigneault, Assistant City Attorney Leslie Dougall-Sides, Planning & Development Director Michael 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, Carloughi Hinrichs, van Weezel, Alternate Member Funk, Citv Staff C. APPROVAL OF MINUTES OF PREVIOUS MEETING: December 17. 2013 Two scrivener errors were noted. Member Carlough moved to approve the minutes of the regular Community Development Board meeting of November 19, 2013. 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. REQUEST TO CONTINUE TO MEETING OF FEBRUARY 18, 2014 (Item 1) 1. Case: FLD2013-11041 - 1840 Gulf-to-Bay Boulevard Level Two Application Owner/Applicant: CTS Holdings, LLC. 519 Pennsylvania Avenue. Clearwater. FL 33755 A eq nt/Representative: Steve Spencer (PO Box 306. Indian Rocks Beach. FL 33785: (727)504-1175: email: SJSCc�spencerarch.com) Location: 0.46 acre at the northwest corner of the intersection of Gulf-to-Bav Boulevard and Pegasus Avenue Atlas Page: 289A Zoning: Commercial (C District Reauest: Flexible Development aqplication to permit a restaurant with a heiqht of 24.67 feet, a front (south) setback of 33 feet (to buildina) and five feet (to Community Development Board 1/21/2014 parkinq), a front (east) setback of 38 feet (to building) and five feet (to parkinqZ a side (north) setback of 52 feet (to buildiny,� and 18 feet (to parking), a side (west) setback of finro feet (to dumpster enclosure� and zero feet (to parkinq and 14 parking spaces (7.27 �paces per 1,000 square-feet of Gross F;oor Area in the Commercial (C) District as a Comprehensive Infill Redevelopment Project under the provisions of Community Development Code (CDC) Section 2-704.E. and to reduce the front (south) landscape buffer from 15 feet to five feet (to parking), reduce the front (east) landscape buffer from 15 feet to five feet (to parkinq), reduce the side (west) landscape buffer from five feet to zero feet, increase the side (north) landscaae buffer from five feet to 18 feet and reduce the amount of reauired foundation plantinas of the proposed building as part of a Comqrehensive Landscape Program under the qrovisions of CDC Section 3- 1202.G. Proposed Use: Restaurant Neiqhborhood Associations: Clearwater Neighborhood Coalition: Skycrest Neiqhborhood Association Presenter: Melissa Baker, Planner II Member Dame moved to continue Case FLD2013-11041 to February 18, 2014. The motion was duly seconded and carried unanimously. Alternate Member Funk did not vote. F. REQUEST TO CONTINUE TO MEETING OF APRIL 15. 2014 (Item 1) 1. Case: APP2013-00002 - 801 Bay Esplanade Owner/Appellant: William Blackwood: 627 Bay Esplanade, Clearwater, FL 33767 Agent: Elizabeth J. Daniels. Esq.. (911 Chestnut Street. Clearwater. FL 33756; phone: (727� 461-1818: email: bethdCa�j,jpfirm.com� Location: 0.174 acre (0.149 acre upland, 0.025 acre submerped) at the northeast corner of Bay Esplanade and Manqo Street Atlas Paae: 249A Zoninq: Low Medium Density Residential (LMDR) District ReQuest: An Appeal of a Level One (Flexible Standard Development) decision bv the Community Development Coordinator who denied an apalication for certain deviations to the dock requirements for the property located at 801 Bay 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 sinQle-family detached dwellinq Neiqhborhood Associations: Clearwater Beach Association: Clearwater Neighborhoods Coalition Presenter: Melissa Hauck-Baker. Planner II Community Development Board 1/21/2014 Member Dame moved to continue Case APP2013-00002 to April 15, 2014. The motion was duly seconded and carried unanimously. Alternate Member Funk did not vote. G. CONSENT AGENDA: The followinq cases are not contested bv the applicant, staff, neiqhborinq propertv owners, etc. and will be aaproved bv a sinQle vote at the beainninq of the meetinQ: (Items 1-10) Approved as Submitted Less Items G3, G4, G6, G8, and G9 i.e. Cases LUPZ013- 08005, REZ2013-08004, FLD2013-11040, FLD2013-110�i2, and DVA2013-11001 1. Case: LUP2013-10006 - 18820. 18830. 18840. 18850 and 18860 US Highway 19 and portion of 18946 US Highwa�19 (Related to REZ2013-10006) Level Three Application Owner/Applicant: Bav Park Executive Center. LLC: Elizabeth Q. Nichols Trustee of the Elizabeth Q. Nichols Revocable Trust Aqreement� Barbara Engelhardt as Joint Tenants and Ross Dixon Representative: 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�hwhlaw com / kcole .hwhlaw.com� Location: 7.17 acres located on the west side of US Highway 19 approximately 445 feet north of Nursery Road Atlas Paqe: 317B Request: Future Land Use Map amendment of a 7.17-acre proqerty consisting of one parcel of land and a portion of a second parcel from Residential/Office General (R/OG) to Commercial General lCG) (3.52 acres) and Residential/Office/Retail (R/O/R) (3.65 acres�. Type of Amendment: Small scale Proposed Use: Office and vehicle sales/disqlays Neiqhborhood Association: Clearwater Neiqhborhoods Coalition Presenter: Lauren Matzke AICP Lonq Range Planning Manager For Staff Report LUP2013-10006 see Agendas\Community Development Board�2010 s12014\01 /21 /2014 See below for motion to recommend approval. 2. Case: REZ2013-10006 - 18820. 18830. 18840 18850 and 18860 US Highway 19 and portion of 18946 US Highway 19 (Related to LUP2013-10006) Level Three Application Owner/Applicant: Bav Park Executive Center LLC� Elizabeth Q Nichols Trustee of the Elizabeth Q. Nichols Revocable Trust Agreement� Barbara Engelhardt as Joint Tenants and Ross Dixon Representative: E.D. Armstrong, III, and Katherine E Cole� Hill Ward Henderson. P.A.. 311 Park Place Boulevard Suite 240 Clearwater FL 33759- Community Development Board 1/21/2014 4904� phone� (727) 724-3900 (727� 259-6791 • email: earmstrongCa�hwhlaw.com / kcole@hwhlaw.com) Location• 7.17 acres located on the west side of US Hiahway 19 approximatelv �445 feet north of Nurserv Road Atlas Paqe: 317B Reauest: Zoning Atlas amendment from Office (0) to Commercial (C) . Proposed Use: Office and vehicle sales/displays Neighborhood Associations: Clearwater Neiqhborhoods Coalition Presenter: Lauren Matrke, AICP, Long Ranqe Planning Manaaer For Staff Report REZ2013-10006 see Agendas\Community Development Board�2010 s�2014\01 /21 /2014 See below for motion to recommend approval. 3 PULLED FROM CONSENT AGENDA Case: LUP2013-08005 - 2650 Sabal Springs Drive (Related to REZ2013-08004) Level Thr�ee Application 4 See below. PULLED FROM CONSENT AGENDA Case: REZ2013-08004 - 2650 Sabal Springs Drive (Related to LUP2013-08005) Level Three Application See below. 5. Case: FLD2013-11044 - 669 Bay Esplanade Level Two Application Owner: DeNunzio Group LLC. Agent: Randv Austin, Landon. Moree & Associates, Inc (31622 USN 19 North, Palm Harbor. FL 34684; Phone: 727-789-5010: email: AustinCc�lmaenQr.com) Location: 0.15 acre on the east side Ba�Esplanade Avenue roughly 463 feet from Poinsettia Avenue Atlas Page: 258A Zonina: Tourist (T) District Character District: Old Florida Request: Flexible Development application to permit a 4-unit Resort Attached Dwellin4 use in the Tourist �T1 District with a reduction of minimum lot area from 10.000 square-feet to 6,475 square-feet and a reduction of minimum lot width from 100 feet to 60 feet, a front (west) setback of ten feet (where ten feet is allowed), a side (north) setback of ten feet �where five feet is allowed), a side �south) setback of five feet (where five is allowed�, a rear (west) setback of zero feet (where five is allowed); and a height of 65 feet (to top of flat roofl pursuant to Community Development Code (CDC) Section 2-803.K. and the Old Florida Community Development Board 1/21/2014 District of Beach bv Design as well as an increase in the amount of palms on site from 75% to 100% of the total reauired as a Comprehensive Landscape Proaram under the provision of CDC Section 3-1202.G.: and a finro-year Development Order. Proposed Use: Resort Attached Dwelling Neiphborhood Associations: Clearwater Neiqhborhood Coalition and Clearwater Beach Association Presenter: Matt Jackson. P�anner III For Staff Report FLD2013-11044 see Agendas\Community Development Board�2010 s�2014\01 /21 /2014 See below for motion to approve. 6 PULLED FROM CONSENT AGENDA Case: FLD2013-11040 - 2120 Druid Road Level�Two Application See below. 7. Case: FLD2013-11039 - 2165 Gulf-to-Bay Boulevard Level Two Application Owner: Nickel Plate Properties. Inc. Aqent: Peter Flint: RS Clearwater LLC c/o Redstone Construction Inc (1501 West Cleveland Street. Suite 200 Tampa. FL 33606: Phone: 813-254-6200� email: pflint ,�redstoneinvestments.coml Location: 11.637 acres located at the southwest corner of Gulf-to-Bay Boulevard and South Belcher Road. Atlas Page: 298B Zoning: Commercial (C District Request: Flexible Development application to permit a Vehicle Service use within a Retail Plaza with a parking ratio of 1 5 spaces per 1 000 square-feet of Gross Floor Area as an amendment to a previously approved Site Plan (FLD2011-04018 / PLT2011-04002 / DVA2009-00005 / DVA2011-04001) in the Commercial (C) District as a Comprehensive Infill Redevelopment Project under the provisions of Community Development Code (CDC) Section 2-704 E Proposed Use: Revision to an approved Master Site Plan which included Retail Sales and Service. Automobile Service Station (building qermit under review) and Restaurant (buildinq permit under review) to include Vehicle Service NeiQhborhood Associations: Clearwater Neighborhood Coalition• Skvcrest NeiQhborhood Association. Grovewood Homeowners Association Presenter: Mark T. Parry, AICP. Planner III For Staff Report FLD2013-11039 see Agendas\Community Development Board�2010 s�2014\01 /21 /2014 Community Development Board 1/21/2014 See below for motion to approve. g PULLED FROM CONSENT AGENDA Case: FLD2013-11042 - 223 Island Wav Level Two Application See below. g PULLED FROM CONSENT AGENDA Case: DVA2013-11001 - 2165 Gulf-to-Bay Boulevard Level Three Application See below. 10. Case: LUP2013-11008 - 2730 Curlew Road Level Three Application Owner/Applicant: Bennett Retirement Communities, LLC Representative� Jim Frishe� 6617 Blue Heron Drive South. St. Petersbura, FL 33707; phone: (727) 480-5901; email: JimCa�jimfrishe.com) Location: 1.394 acres located on the south side of Curlew Road approximatelv 2010 feet west of Countryside Boulevard Atlas Page: 178A Reauest: Future Land Use Map amendment of a 1.394-acre propertv from Residential Urban (RU) to Residential Low Medium (RLM). �pe of Amendment: Small scale Proposed Use: Assisted Living Facilitv Neighborhood Association: Clearwater Neighborhoods Coalition Presenter: Lauren Matzke, AICP, Long Range Plannina Manaqer For Staff Report LUP2013-11008 see Agendas\Community Development Board�2010 s�2014\01 /21 /2014 Member Dame moved to approve Cases FLD2013-11044 and FLD2013-11040 on today's Consent Agenda and to recommend approval of Cases LUP2013-10006, REZ2013-10006, and LUP2013-11008 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. The motion was duly seconded and carried unanimously. Alternate Member Funk did not vote. 3. Case: LUP2013-08005 - 2650 Sabal Springs Drive (Related to REZ2013-08004) Level Three Application Owner/Aqplicant: City of Clearwater Representative: Barbara Pickell, Director Clearwater Public Library Svstem, Citv of Clearwater. 100 N. Osceola Ave, Clearwater, FL 33755; phone: (727) 562- 4971 Location: 2.13 acres located at the end of Sabal Springs Drive, approximately 0.2 mile west of Countr�side Boulevard. Community Development Board 1/21/2014 6 Atlas Paqe: 211A Request: Future Land Use Map amendment for a 2.13 acre parcel located within the Citv's Countryside Recreation Center property from Recreation/Open Space (R/OS1 to Institutional (I1 Proposed Use: Governmental Use (Library) Neiphborhood Associations: Clearwater Neighborhoods Coalition Misty Springs Condominiums Presehter: Andrew Hyslip. Planner II � For Staff Report LUP2013-08005 see Agendas\Community Development Board�2010 s�2014\01 /21 /2014 Planner II Andrew Hayslip reviewed the Staff Report. Professional Engineer Jennifer Shannon said the building site was used for recreation center drainage; the site plan rerouted the drainage. Modifications will be made to the parking lot; sufficient parking will be provided. One resident spoke in opposition to locating the library at the Countryside Recreation Center property. Member van Weezel moved to recommend approval of Case LUP2013-08005 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. Alternate Member Funk did not vote. 4. Case: REZ2013-08004 - 2650 Sabal Sqrings Drive (Related to LUP2013-08005) Level Three Application Owner/Applicant: City of Clearwater Representative: Barbara Pickell. Director Clearwater Public Library Svstem City of Clearwater. 100 N. Osceola Ave. Clearwater FL 33755� phone� (727) 562- 4971 Location: 2.13 acres located at the end of Sabal Springs Drive aqproximatelv 0.2 mile west of Countryside Boulevard. Atlas Page: 211A Request: Zonin4 Atlas amendment for a 2.13 acre parcel located within the City's Countrvside Recreation Center property from Oaen Space/Recreation fOS/R) to Institutional (I) Proposed Use: Governmental Use (Library,� NeiQhborhood Associations: Clearwater Neighborhoods Coalition Misty Springs Condominiums Presenter: Andrew Hayslip Planner II Community Development Board 1/21/2014 � For Staff Report REZ2013-08004 see Agendas\Community Development Board�2010 s�2014\01 /21 /2014 ��lember van Weezel moved to accept Artdrew Hayslip as an expert witness in the fields of zoning, annexations, land use/ rezoning applications, comprehensive planning, GIS, water resources, and site plan analysis. The motion was duly seconded and carried unanimously. Acting Member Funk did not vote. Planner II Andrew Hayslip reviewed the Staff Report. Member Dame moved to recommend approval of Case REZ2013-08004 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. Alternate Member Funk did not vote. 6. Case: FLD2013-11040 - 2120 Druid Road Level Two Application Owner: Broadstone Clearwater. LLC Aaent: Edward Mazur. Jr., P.E.. Florida Desiqn Consultants. Inc (3030 Starkey Boulevard. New Port Richey, FL 34655; Phone: 727-849-7588� email: emazur(c�fldesiqn.com) Location: 18.435 acres located at the northwest corner of Belcher Road and Druid Road. Atlas Page: 2986 Zoninp: Medium Density Residential (MDR) District ReQUest: Flexible Development approval to permit the addition of four detached QaraQes as an amendment to a previously approved site plan (FLD2013-12045� in the Medium Densitv Residential (MDR) District with a heipht of 10 33 feet from qrade to the midqoint of qitched roof and a front (south) setback of 25 feet as a Residential Infill Redeveloament Project pursuant to CDC Section 2-303 G and subiect to the accessory structure provisions pursuant to CDC Section 3- 201.B.5. Proposed Use: Attached Dwellinqs Neiqhborhood Associations: Clearwater Neighborhood Coalition• Skycrest Neiqhborhood Association. Grovewood Homeowners Association Presenter: Matt Jackson. Planner III For Staff Repo►t FLD2013-11040 see Agendas\Community Development Board�2010 s�2014\01 /21 /2014 Member Barker 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. Alternate Member Funk did not vote. Community Development Boazd 1/21/2014 Planner III Matt Jackson reviewed the Staff Report. It was recommended that fencing be installed befinreen the homes and street for security. � Cyndi Tarapani, representing the applicant, said the applicant intends to connect the garages with fencing. Member Dame moved to approve Case FLD2013-11040 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 site be fenced. The motion was duly seconded. Ms. Tarapani said the applicant will install fencing as proposed in the submitted plans. Upon the vote being taken, the motion carried unanimously. Member Funk did not vote. 8. Case: FLD2013-11042 - 223 Island Wav Level Two Application Owner/Appficant: Island Way Towers. LLC, 103 Rosedale Drive, Lafavette, LA 70508 Aqent/Representative: Terri Skapik. Woods Consulting (1714 County Road 1, Suite 22. Dunedin, FL 34698: (727)786-5747: email: terriskapik _woodsconsultinq.orql Location: 1.8 acres approximately 550 feet north of the intersection of Island Way and Windward PassaQe Atlas PaQe: 267B Zoning: Hiah Density Residential (HDR) District Request: Flexible Development application to allow a 3,900 square-foot multi- use commercial dock with 22 slips as an accessory use to the existing upland attached dwellinQS in the High Density Residential (HDR) District, pursuant to Community Development Code (CDC) Section 3-601.C.3. Proposed Use: multi-use dock as accessory to an existin4 53 unit attached dwellinq condominium Neighborhood Associations: Island Estates Civic Association: Clearwater Neighborhood Coalition Presenter: Melissa Hauck-Baker Planner II For Staff Report FLD2013-11042 see Agendas\Community Development Board�2010 s\2014\01 /21 /2014 Ben Commons requested Party Status. Community Development Board 1/21 /2014 9 Member van Weezel moved to grant Ben Commons Party Status. The motion was duly seconded and carried unanimously. Alternate Member Funk did not vote. Member Dame moved to accept Melissa Hauck-Baker as an expert witness in the fields of comprehensive and redevelopment planning; zoning, historic preservation, land development and landscaping ordinance interpretation, amendment and administration; site plan analysis and preparation. The motion was duly seconded and carried unanimously. Alternate Member Funk did not vote. Planner II Melissa Hauck-Baker reviewed the Staff Report. In response to questions, she said the dock met all requirements except its size, exceeding 500 square-feet. Catwalks will extend approximately 60 feet beyond an 8-foot wide boardwalk. The property's waterfront is 400 linear feet. The 300-foot wide deck will have 50-foot setbacks on both sides; the previous dock was setback 45 feet from the property line. Terri Skapik, representative for the applicant, said the 88 apartments on site were being converted to 46 condominium units. She said the dock's dimensions were based on Federal, State, and County laws, which consider the length of a property's waterfront and width of the water body. She said dock would extend less than 25% across the canal's width. She said slips would not be rented to the public and the dock will not interfere with any protected resources, such as sea grass. She said the homeowner's group that complained about noise concerns also has a dock and the same noise issues. Parly Status Holder Ben Commons said he recently purchased his dream home across the canal from the subject property and expressed concern the increased size of the dock will resemble John's Pass, be a safety concern, cause shoaling, and decrease his property's value. Ms. Skapik said the deep water canal has no shoals and is navigable sea wall to sea wall. She said at least 50% of the canal will remain open for public navigation. In response to a question, she said the canal is 280 feet wide at its narrowest point in front of the subject property. Discussion ensued with comments that Island Estates is a waterfront community and its residents have the right to have a dock. It was felt the proposed setbacks were respectful to adjacent properties. Member Barker moved to approve Case FLD2013-11042 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. Alternate Member Funk did not vote. Community Development Board 1/21/2014 10 9. Case: DVA2013-11001 - 2165 Gulf-to-Bay Blvd. Level Three Application Owner: Nickel Plate Properties, Inc. Agent: Peter Flint; RS Clearwater LLC c/o Redstone Construction, Inc (1501 WESt Cleveland Street, Suite 200 Tampa, FL 33606; Phone: 813-254-6200; email: pflintCc�redstoneinvestments.com) Location: 11.637 acres located at the southwest corner of Gulf-to-Bay Boulevard and South Belcher Road. Atlas Page: 298B Zoning: Commercial (C) District Request: Review of, and recommendation to the City Council, of an amendment to the Develoqment Agreement between Nickel Plate Properties. Inc. and the City of Clearwater as per Community Development Code Section 4-606. Proposed Use: Revision to an a�proved Master Site Plan which included Retail Sales and Service, Automobile Service Station (building permit under review) and Restaurant (building permit under review) to include Vehicle Service Neiahborhood Associations: Clearwater Neiahborhood Coalition; Skycrest Neighborhood Association, Grovewood Homeowners Association Presenter: Mark T. Parrv, AICP. Planner III For Staff Report DVA2013-11001 see Agendas\Community Development Board�2010 s�2014\01 /21 /2014 Planner III Mark Parry reviewed the Staff Agenda. In response to questions, he said the proposal will make no new cuts on Gulf-to-Bay Boulevard. Parking standards were modified to be consistent with Code and vehicle service replaced office space. Attorney Katie Cole, representing the applicant, concurred with the Staff Report. Member Dame moved to recommend approval of Case DVA2013-11001 based on the evidence and testimony presented in the apptication, 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. Alternate Member Funk did not vote. H. LEVEL TWO APPLICATIONS Iltems 11 1. Case: FLD2013-11038 - 521 South Gulfview Boulevard Level Two Application Owner: Decade Gulf Coast Hotel Partners LP and J.K. Gulfview LLC. Agent: Michael J. Palmer. Synergy Civil Enqineerinq, Inc; (3000 Gulf-to-Bay B_oul_evard� Suite 201 Clearwater, FL 33759; Phone: 727-796-1926: email: mpalmerCcC�synergycivileng.com� Location: 4.87 acres located on the south side of South Gulfview Boulevard between Hamden Drive and Bayway Boulevard. Atlas Paqe: 285A Community Development Board 1/21/2014 11 Zoning Tourist (T) District and Open Space/Recreation (OS/R) District Reauest: Flexible Development approval to permit a 314-room overniaht accommodation use (including 189 existing units and 75 dwellinq units converted to 125 overnight accommodatior� units previously approved and transferr�;d under FLD2004-04025 and TDR2004-09011) in the Tourist (T) and Open S�ace/Recreation (OS/R) Districts with a lot area of 4.87 acres (3.908 acres zoned T District and 0.962 acres zoned OS/R District�, a lot width of 467 feet, a front (north) setback of 15 feet (tu buildina), zero feet (to entry qlaza pavir�ql and three feet (to parkinq), a side (west) setback of 15 feet (to buildinQ) and zero feet �to existingpublic access sidewalk), a side (east) setback of 10 feet (to existinq buildinc� and zero feet (to existing parking and dumpster enclosure), a rear �south) setback of 106 feet (to building), a building height of 99.8 feet above Base Flood Elevation (BFE) to top of roof deck (113 to mid-point of peaked roof screening elevator and other mechanical eauipment) and 407 parking spaces at 1.29 parking spaces per hotel room, under the provisions of CDC Section 2- 803.J: apqroval of a finro-vear development order; and to fulfill the shade tree reauirement solely with palm and understory trees as part of a Comprehensive Landscape ProQram under the provisions of 3-1202.G. Proposed Use: Overnight Accommodations (314 units) with associated accessor�uses including restaurant. meeting space, ballroom, retail, spa and gym• Neiahborhood Associations: Clearwater Neighborhood Coalition; Clearwater Beach Association Presenter: Mark T. Parry, AICP. Planner III For Staff Report FLD2013-11038 see Agendas\Community Development Board�2010 s�2014�01 /21 /2014 For Memorandum re deleted Condition of Approval see: Exhibit: Memorandum FLD2013-11038 2014-01-21 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 reviewed the Staff Report. The primary change to the site will be the addition of a 99.8-foot, 10-story building on the western parking lot. Most parking will be under existing buildings. Condition of Approval #4 was deleted as the Code controls amplified music. The mass of the project was broken up by 3 staggered buildings. Community Development Board 1/21/2014 12 � Concern was expressed the applicant was able to increase the number of permitted rooms by converting some hotel rooms to living units and then back to hotel rooms after hotel density was increased. Additional concerns were expressed that the proposed development was too massive for the size of the property and the 5-foot wide beach access was inside the proposed structure's 15-foot side setback. Joe Burdette, representing the applicant, said the applicant could have requested additional density and height, up to 150 feet. He said the proposal met separation requirements and was consistent with all Beach by Design standards except for the height, which was permitted. Concern was expressed re the property's location at the entrance to the scenic corridor and the importance of preserving air space to avoid a walled effect. It was recommended that the towers be at least 62 feet apart and that the development have side yards as required for scenic corridors. One resident expressed concern the proposed structure will block sea views from Dockside Condominiums. Member Barker moved to approve Case FLD2013-11038 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 and Chair Coates voted "Aye"; Member van Weezel voted "Nay." Motion carried. Alternate Member Funk did not vote. I. ADJOURNMENT The meeting adjourned at 2:42 p.m. Attest Board Reporter Chair Community Development Board Community Development Board 1/21/2014 13