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09/16/2003 . . . COMMUNITY DEVELOPMENT BOARD MEETING CITY OF CLEARWATER September 16, 2003 Present: Carlen A. Petersen Ed Hooper David Gildersleeve Edward Mazur, Jr. Shirley Moran Alex Plisko Kathy Milam Chair Vice Chair Board Member Board Member Board Member Board Member Acting Board Member Absent: John Doran Board Member Also Present: Leslie Dougall-Sides Lisa Fierce Frank Gerlock Brenda Moses Assistant City Attorney Assistant Planning Director Development Review Manager Board Reporter The Chair called the meeting to order at 2:00 p.m. at City Hall, followed by the Invocation and Pledge of Allegiance. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. C. APPROVAL OF MINUTES OF PREVIOUS MEETING: August 19, 2003 Member Moran moved to approve the minutes of the regular meeting of August 19, 2003, as submitted in written summation to each board member. The motion was duly seconded and carried unanimously. D. REQUEST FOR CONTINUANCE: 1. Case: SGN2003-08001-922 South Missouri Avenue Leve/2 Application Ownerl Applicant: Clearwater Retail Group, Ltd. Representative: Todd Pressman_(28870 US Highway 19N., Ste 300, Clearwater, FL 33761; Phone 727-726-8683 / Cell 727-804-1760 / Fax: 727-669-8114 / E-mail: pressinc@aol.com). Location: 0.61 acres located on the west side of Missouri Avenue, approximately 500 feet south of Druid Road. Atlas Page: 296A. Zoning: C, Commercial District. Request: Amendment to previous approvals for signage: 1) Cases FLD 02-02-06NSGN2003-02009 - Conditions 1 and 2, which require the final design, height, area, color, etc. of signs be consistent with the drawings submitted to, or as modified by the CDB, and that the signs for future tenants of the retail center have the same background and text colors as approved by the CDB, as part of a Comprehensive Sign Program, under the provisions of Section 3-1807; and 2) Case FLD2003-05023 - Condition 2 requiring that all signage comply with the approved Comprehensive Sign Program application FLD 02-02-06NSGN2003- 02009. Community Development 2003-09-16 9/16/03 1 . . . Proposed Use: An amendment to a Comprehensive Sign Program for Amscot Financial, Inc. (922 South Missouri Avenue). Neighborhood Association(s): None. Presenter: Michael Reynolds, AICP, Senior Planner. Member Mazur declared a conflict of interest. Member Gildersleeve moved to approve the request for continuance to the October 21, 2003, meeting for Item D1, Case SGN2003-08001 for 922 South Missouri Avenue. The motion was duly seconded and upon the vote being taken, Members .Hooper, Gildersleeve, Moran, Plisko, Milam, and Chair Petersen voted "aye". Member Mazur abstained. Motion carried. Staff suggested that depending upon the outcome of the applicant's upcoming meeting with staff, the case might not be ready for the October meeting. Consensus was that if the case were not ready for the October meeting, it could be continued again. 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 - 6). 1. Case: FLD2003-06031 - 1988 Gulf to Bay Boulevard Level Two Application Owner: Richard Gope GMT Holding, Ltd. Applicant: Ed Seifried ConstructionlWayne Seifried (6985 First Avenue North, Clearwater, FL, 33767; phone: 727-347-3333; fax: 727-343-5763; cell: 727-638-7709; email: econstr1@tampabav.rr.com). Location: 1.38 acres located on the north side of Gulf to Bay Boulevard and west of S. Hercules Avenue, and east of Aurora Avenue. Atlas Page: 289A. Zoning: C, Commercial District and HDR, High Density Residential District. Request: Flexible Development approval to 1) Permit a non-residential parking lot within the HDR District with reduction in the front (east) setback along S. Hercules Avenue from 25 feet to 15 feet (to pavement) under the provisions of Section 2-504, and 2) reduce the setbacks for existing parking areas for an office development within the Commercial District including the front (south) setback along Gulf to Bay Boulevard from 25 feet to 15 feet (to pavement), the front (west) setback along Aurora Avenue from 25 feet to three feet (existing pavement) and the side (south) setback from 10 feet to three feet (to pavement), under the provisions of Section 2-703.1. Proposed Use: A non-residential parking lot in association with an existing office development. Neighborhood Association: None. Presenter: Bryan Berry, Planner. The 1.38-acre site is on the north side of Gulf to Bay Boulevard, between South Hercules Avenue and Aurora Avenue. The site has been developed with two office buildings on the western portion of the parcel. The primary building from which the parcel is addressed is 13,134 square feet and fronts along Gulf to Bay Boulevard and Aurora Avenue. The second building is 3,492 square feet and fronts along Aurora Avenue. Caldwell Banking currently owns the property and provides administrative services to surrounding Caldwell Banking employees in the Pinellas County region. The site itself consists of two separate zoning districts. The majority of the parcel (1.08 acres) is located in the Commercial District. The remaining (0.30 acres) in the northeastern portion of the parcel is zoned High Density Residential District. Community Development 2003-09-16 2 9/16/03 . The application is being processed as a Flexible Development due to the northeastern portion of the parking lot being located in the High Density Residential District. The applicant seeks to asphalt and stripe the existing crushed shell parking lot in accordance with City parking standards. The proposed improvements to the site will include the removal of parking that currently backs out into the right-of-way on Aurora Avenue, additional interior green space, and a parking layout optimally configured to supply the current parcel with the maximum amount of spaces possible. The existing amount of parking on site is 45 spaces, which averages to be 2.7 parking spaces per 1,000 square feet. The proposed parking configuration will increase to 55 spaces at 3.3 parking spaces per 1,000 square feet. A new dumpster enclosure will be provided on the eastern portion of the parcel along S. Hercules Avenue and a retention pond located in the northeastern portion of site to mitigate stormwater. The applicant agreed to provide an additional 15-foot buffer from property line to pavement along Gulf to Bay Boulevard for scenic landscaping. The overall landscape plan provided by the applicant exceeds the minimum requirements and improves the aesthetic appeal for the site. . The Development Review Committee reviewed the application and supporting materials on July 17, 2003. The Planning Department recommends approval of the Flexible Development approval to 1) permit a non-residential parking lot within the HDR District with reduction in the front (east) setback along S. Hercules Avenue f,rom 25 feet to 15 feet (to pavement) under the provisions of Section 2-504, and 2) reduce the setbacks for existing parking areas for an office development within the Commercial District including the front (south) setback along Gulf to Bay Boulevard from 25 feet to 15 feet (to pavement), the front (west) setback along Aurora Avenue from 25 feet to three feet (existing pavement) and the side (south) setback from 10 feet to three feet (to pavement), under the provisions of Section 2-703.1., with the following bases: Bases for Approval: 1. The proposal is in compliance with Flexibility Criteria for Parking Lots and Garages per Section (2-504.0); 2. The proposal is in compliance with the General Applicability criteria, under Section 3-913 3. The improvements are compatible with the surrounding area. AND 2. Case: FLD2003-06030/PL T2003-00004 - 125 Brightwater Drive, Belle Aqua Villas - Level Two Application Owners: Robert W. and Donna L. DeStefano. Applicant: Anthony Menna. Representative: Housh Ghovaee, Northside Engineering Services, Inc. (601 Cleveland Street, #930, Clearwater, FL 33755; work: 727-443-2869/ fax: 727-446-8036/ email: nestech~mindsprino.com). Location: 0.32 acres on the south side of Brightwater Drive, approximately 500 feet east of Harnden Drive. Atlas Page: 276A. Zoning: T, Tourist District. . Community Development 2003-09-16 3 9/16/03 . Request: Flexible Development approval to permit attached dwellings with reductions of the side (east) setback from 10 feet to 3.8 feet (to building) and from 10 feet to 4.5 feet (to pavement), reductions of the side (west) setback from 10 feet to 3.8 feet (to building) and from 10 feet to 4.8 feet (to pavement), reductions of the rear (south) setback from 20 feet to 17 feet (to building), from 20 feet to 15.6 feet (to pools) and from 20 feet to zero feet (to boardwalk) and with an increase of building height from 35 feet to 40.33 feet, and to permit parking that is designed to back into the public right-of-way, as part of a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-803.C (retaining three existing boat slips and existing dock for sole use by the property owners) and Preliminary Plat approval for six lots. Proposed Use: Six attached dwellings (townhomes). Neighborhood Association: Clearwater Beach Association (Pres. David MacNamee, 827 Mandalay Ave., Clearwater, FL 33767; phone: 727-446-5801). Presenter: Wayne M. Wells, AICP, Senior Planner. The 1.38-acre site is on the north side of Gulf to Bay Boulevard, between South Hercules Avenue and Aurora Avenue. The site has been developed with two office buildings on the western portion of the parcel. The primary building from which the parcel is addressed is 13,134 square feet and fronts along Gulf to Bay Boulevard and Aurora Avenue. The second building is 3,492 square feet and fronts along Aurora Avenue. Caldwell Banking currently owns the property and provides administrative services to surrounding Caldwell Banking employees in the Pinellas County region. The site itself consists of two separate zoning districts. The majority of the parcel (1.08 acres) is located in the Commercial District. The remaining (0.30 acres) in the northeastern portion of the parcel is zoned High Density Residential District. . The application is being processed as a Flexible Development due to the northeastern portion of the parking lot being located in the High Density Residential District. The applicant seeks to asphalt and stripe the existing crushed shell parking lot in accordance with City parking standards. The proposed improvements to the site will include the removal of parking that currently backs out into the right-of-way on Aurora Avenue, additional interior green space, and a parking layout optimally configured to supply the current parcel with the maximum amount of spaces possible. The existing amount of parking on site is 45 spaces, which averages to be 2.7 parking spaces per 1,000 square feet. The proposed parking configuration will increase to 55 spaces at 3.3 parking spaces per 1,000 square feet. A new dumpster enclosure will be provided on the eastern portion of the parcel along S. Hercules Avenue and a retention pond located in the northeastern portion of site to mitigate stormwater. The applicant agreed to provide an additional 15-foot buffer from property line to pavement along Gulf to Bay Boulevard for scenic landscaping. The overall landscape plan provided by the applicant exceeds the minimum requirements and improves the aesthetic appeal for the site. . The Development Review Committee reviewed the application and supporting materials on July 17, 2003. The Planning Department recommends approval of the Flexible Development approval to 1) permit a non-residential parking lot within the HDR District with reduction in the front (east) setback along S. Hercules Avenue from 25 feet to 15 feet (to pavement) under the provisions of Section 2-504, and 2) reduce the setbacks for existing parking areas for an office development within the Commercial District including the front (south) setback along Gulf to Bay Boulevard from 25 feet to 15 feet (to pavement), the front (west) setback along Aurora Avenue Community Development 2003-09-16 4 9/16/03 . from 25 feet to three feet (existing pavement) and the side (south) setback from 10 feet to three feet (to pavement), under the provisions of Section 2-703.1., with the following bases and conditions: ' Bases for Approval: 1. The proposal is in compliance with Flexibility Criteria for Parking Lots and Garages per Section (2-504.D); 2. The proposal is in compliance with the General Applicability criteria, under Section 3-913 3. The improvements are compatible with the surrounding area. AND 3. . Case: FLD2003-07032/PL T2003-00006 - 116-120 Brightwater Drive - Belle Aqua Villas II Level Two Application Owners: Gary and Mary A. Jernigan. Applicant: Anthony Menna. Representative: Housh Ghovaee, Northside Engineering Services, Inc. (601 Cleveland Street, #930, Clearwater, FL 33755; work: 727-443-2869/ fax: 727-446-8036/ email: nestech@mindsprinQ.com). Location: 0.34 acres on the north side of Brightwater Drive, approximately 300 feet east of Harnden Drive. Atlas Page: 276A. Zoning: T, Tourist District. Request: Flexible Development approval to permit attached dwellings with reductions of the side (east) setbacks from 10 feet to 5.2 feet (to building) and from 10 feet to 9.6 feet (to pavement), reductions of the side (west) setbacks from 10 feet to 6.2 feet (to building) and from 10 feet to nine feet (to pavement), reductions of the rear (north) setback from 20 feet to 16.2 feet (to building), from 20 feet to 13.9 feet (to pools) and from 20 feet to zero feet (to boardwalk) and with an increase of building height from 35 feet to 40.33 feet, and to permit parking that is designed to back into the public right-of- way, as part of a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-803.C (retaining four existing boat slips and two docks for sole use by the property owners) and Preliminary Plat approval for six lots. Proposed Use: Six attached dwellings (town homes). Neighborhood Association: Clearwater Beach Association (Pres. David MacNamee, 827 Mandalay Ave., Clearwater, FL 33767; phone: 727-446-5801). Presenter: Wayne M. Wells, AICP, Senior Planner. The almost square site is 0.34 acres located on the north side of Brightwater Drive, approximately 300 feet east of Harnden Drive. It is located along a highly developed area within Clearwater Beach and has frontage along Clearwater Bay. The site is located within the Small Motel District of Beach By Design, which provides for the redevelopment of Brightwater Drive with townhomes and timeshares between two and four stories above required-parking. The proposal includes constructing a six-unit, fouraUaGAed--storv townhome buildinQ. awel>>Ag- The building will contain fourwitA- floors of living area abave-above base flood elevation, with the two-car garage on th~ground-f~oor-garagelevel. Each unit will be approximately 3,315 square feet in area. The parking within the building will include 2-~two garage spaces per unit-in-a-garage Each unit will have a singlewide driveway (10 feet wide). The design requires that cars back out into the right-of-way to exit the site. The Community . Community Development 2003-09-16 5 9/16/03 . . . Development Code prohibits "back out" parking for any uses other than detached dwellings. The driveway length will permit a vehicle to completely "back out" of the garage, thus eliminating the garage walls as a potential view obstruction of the sidewalk and street. The development will operate as, and have the characteristics of, single-family detached homes, including the individual garages. The site is located on Brightwater Drive, which is a cul-de-sac street approximately 1,700 in length and generally used only by persons with a destination on the street. From a traffic standpoint, this concept of "back out" parking for townhomes may be acceptable on a low volume cul-de-sac street such as this. It should not be considered, however, as a precedent for deviation from the Code provision of restricting "back out" movement into the right-of-way for single-family residential uses only, and will be reviewed on a case-by-case basis. The request is to permit attached dwellings with reductions of the side (east) setbacks from 10 feet to 5.2 feet (to building) and from 10 feet to 9.6 feet (to pavement), reductions of the side (west) setbacks from 10 feet to 6.2 feet (to building) and from 10 feet to nine feet (to pavement), reductions of the rear (north) setback from 20 feet to 16.2 feet (to building), from 20 feet to 13.9 feet (to pools) and from 20 feet to zero feet (to boardwalk) and with an increase of building height from 35 feet to 40.33 feet, and to permit parking that is designed to back into the public right-of-way, as part of a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-803.C. The reductions in side setback is a function of the unit width of 17' -8", which is generally a standard unit width. The reduction in the rear setback to 16.2 feet for the building is actually to a raised pool deck area. The reduction in the rear setback to 13.9 feet is to the individual "plunge" pools. The actual building's southeast corner is approximately 27 feet from the rear property line, which exceeds the minimum setback of 20 feet. The rear setback reduction is otherwise to provide pedestrian access to the water and existing docks. The increase in building height is still in compliance with Beach by Design, which allows townhomes two- to four-stories in height. The Italian villa-style architecture of the buildings will include ground floor copper beech- color stucco with a faux millet (beige) wall color stucco above the ground floor, and alabaster (off-white) banding, cornices, top rail/balusters and window/door frames. Both the front and rear elevations are provided with a number of windows. The building will also be articulated with unit entries recessed from the front fa<;ade, accessed from the ground/first floor by individual stairs with a small third-floor balcony above. On the rear of the building, units will be provided with a balcony on the second floor and a "roof-top" deck on the fourth floor. The landscape plan meets tAe-Code requirements.. of-Goce-utilizing a variety of a colorful groundcover (including gold mound and purple trailing lantana and emerald blanket), shrubs (including hibiscus, plumbago and cocoplum) and trees (including Washingtonia palms, queen palm, paurotis palm and silver buttonwood). Additional details showing the relationship of the proposed driveways and landscaping to proposed grade elevations will be necessary prior to the issuance of any permits to ensure proper transitioning and installation methods. A tree survey of all trees (including palms) on this site and within 25 feet of the subject property will need to be submitted prior to the issuance of any permits. Solid waste will be removed via black barrel service for each unit. All required Parks and Recreation fees will be required to be paid prior to the issuance of any building permits. The applicant will be selling the units fee simple, which includes land, and will record a Final Plat prior to the issuance of building permits. With this proposal, the two existing docks and four boat slips (presently leased to non-resident boat owners) will be retained. The applicant proposes to discontinue the leases prior to construction of the townhomes. Use of the docks Community Development 2003-09-16 6 9/16/03 . and slips should be for residents and their guests only and not sub-leased. A detail of the fire standpipe riser adjacent to the boat slips/dock will be necessary prior to the issuance of any permits for this project. Proposed utility facilities (electric and communication lines) on-site and existing aboveground utility facilities in the public rights-of-way will be required to be placed underground, or provisions made for placing the utilities underground (including interim construction details to be completed prior to the issuance of the first certificate of occupancy) within timeframes acceptable to the City. The Development Review Committee reviewed the application and supporting materials on August 14, 2003. The Planning Department recommends approval of the Flexible Development approval to permit attached dwellings with reductions of the side (east) setbacks from 10 feet to 5.2 feet (to building) and from 10 feet to 9.6 feet (to pavement), reductions of the side (west) setbacks from 10 feet to 6.2 feet (to building) and from 10 feet to nine feet (to pavement), reductions of the rear (north) setback from 20 feet to 16.2 feet (to building), from 20 feet to 13.9 feet (to pools) and from 20 feet to zero feet (to boardwalk) and with an increase of building height from 35 feet to 40.33 feet, and to permit parking that is designed to back into the public right-of-way, as part of a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-803.C (retaining four existing boat slips and two docks for sole use by the property owners) and Preliminary Plat approval for six lots for the site at 116 - 120 Brightwater Drive, with the following bases and conditions: . Bases for Approval: 1. The proposal complies with the Flexible Development criteria as a Comprehensive Infill Redevelopment Project per Section 2-804.C; 2. The proposal is in compliance with other standards in the Code including the General Applicability Criteria per Section 3-913; and 3. The development is compatible with the surrounding area and will enhance other redevelopment efforts. . Conditions of Approval: 1. The final design and color of the building be consistent with the conceptual elevations submitted to, or as modified by, the COB; 2. Boats moored at the docks be for the exclusive use by the residents and/or guests of the townhomes and not be permitted to be sub-leased separately from the townhomes; 3. The National Fire Protection Association (NFPA) 303 standards for "marinas and boat yards" be met to the satisfaction of the Fire Department prior to the issuance of any permits, including a detail for the wet standpipe; 4. All applicable requirements of Chapter 39 of the Building Code be met related to seawall setbacks; 5. All proposed utilities (from the right-of-way to the proposed buildings) be placed underground and installation of conduit(s) along the entire length of the site's street frontage be completed prior to the issuance of the first certificate of occupancy; 6. Revised landscape plans, including details showing the relationship of the proposed driveways and landscaping to proposed grade elevations to ensure proper transitioning and installation methods to the satisfaction of the Planning Department and the type of landscaping within the right-of-way, be submitted prior to the issuance of any permits; and 7. A tree survey (including palms) for the subject site and within 25 feet be submitted prior to the issuance of any permits. Community Development 2003-09-16 7 9/16/03 . . . AND 4. Case: ANX2003-07014 - 2179 Burnice Drive Level Three Application Owner/Applicant: Charles R. Smalley (727-442-3215). Location: 0.23-acres located on the south side of Burnice Drive, approximately 220 feet west of Belcher Road. Atlas Page: 308B. Request: (a) Annexation of 0.23-acres to the City of Clearwater; (b) Land Use Plan amendment from the RL, Residential Low Category (County) to the RL, Residential Low Category (City of Clearwater); and (c) Rezoning from the R3, Single Family Residential District (County) to the LMDR, Low Medium Density Residential District (City of Clearwater). Proposed Use: Existing single-family dwelling. Neighborhood Association(s): None. Presenter: Marc A. Mariano, Planner. The subject property is at 2179 Burnice Drive, on the south side of the street approximately 220 feet west of Belcher Road. The applicant is requesting this annexation in order to receive City sewer service. The property is contiguous with the existing City boundaries to the north and east; therefore, the proposed annexation is consistent with Florida Statutes with regard to voluntary annexation. The subject site is approximately 0.23-acres in area and is occupied by an existing single-family detached dwelling. It is proposed that the property have a Future Land Use Plan designation of Residential Low (RL) and a zoning category of LMDR, Low Medium Density Residential. The proposed annexation can be served by City of Clearwater services, including sanitary sewer, solid waste, police, fire and emergency medical services without any adverse effect on the service level. The applicant has paid the assessment fee and the impact fee payments required for sewer connection, and is aware of any additional costs to extend City sewer service to the property. The proposed annexation and existing use are consistent with the City's Comprehensive Plan and the Pinellas Planning Council's Countywide Plan Rules with regard to both the Future Land Use Map, as well as the goals and policies. The existing and proposed use of this site as a single-family dwelling is consistent with the LMDR zoning district. Finally, the proposed annexation is consistent with Florida law regarding municipal annexation through its adjacency with existing City boundaries and is compact in concentration. Based on the above analysis, the Planning Department recommends the following actions on the request: 1. Approval of the annexation of the property located at 2179 Burnice Drive; 2. Approval of the Residential Low (RL) category pursuant to the City's Comprehensive Plan; and 3. Approval of the LMDR, Low Medium Density Residential zoning district pursuant to the City's Community Development Code. AND 5. Case: ANX2003-07015 - 910 Berkley Place Level Three Application Community Development 2003-09-16 8 9/16/03 . Owners/Applicants: Lawrence A. and Susan Walther. Representative: John Powers, Rainbow Property Management (727-446-9633). Location: 0.17 -acres located at the southwest corner of Berkley Place and Palmetto Street, approximately 600 feet east of Belcher Road. Atlas Page: 281A. Request: (a) Annexation of 0.17-acres to the City of Clearwater; (b) Land Use Plan amendment from the RU, Residential Urban Category (County) to the RU, Residential Urban Category (City of Clearwater); and (c) Rezoning from the R3, Single Family Residential District (County) to the LMDR, Low Medium Density Residential District (City of Clearwater). Proposed Use: Existing single-family dwelling. Neighborhood Association(s}: None. Presenter: Marc A. Mariano, Planner. The subject property is on the north side of Brentwood Drive, approximately 450 feet east of Keene Road and 280 feet north of Lakeview Road. The applicant is requesting this annexation in order to receive City sewer service. The property is contiguous with the existing City boundaries to the south, east and west; therefore, the proposed annexation is consistent with Florida Statutes with regard to voluntary annexation. The subject site is approximately 0.24 acres in area and is occupied by an existing single-family detached dwelling. It is proposed that the property have a Future Land Use Plan designation of Residential Low (RL) and a zoning category of LDR, Low Density Residential. . The proposed annexation can be served by City of Clearwater services, including sanitary sewer, solid waste, police, fire and emergency medical services without any adverse effect on the service level. The applicant is aware of the assessment and impact fee payments required for sewer connection, as well as any additional costs to extend City sewer service to the property. The proposed annexation and existing use are consistent with the City's Comprehensive Plan and the Pinellas Planning Council's Countywide Plan Rules with regard to both the Future Land Use Map and the goals and policies. The existing and proposed use of this site as a single-family detached dwelling is consistent with the LDR zoning district. Finally, the proposed annexation is consistent with Florida law regarding municipal annexation through its adjacency with existing City boundaries and is compact in concentration. Based on the above analysis, the Planning Department recommends the following actions on the request: 1. Approval of the annexation of property located at 1830 Brentwood Drive; 2. Approval of the Residential Low (RL) category pursuant to the City's Comprehensive Plan; and 3. Approval of the LDR, Low Density Residential zoning district pursuant to the City's Community Development Code. .. 6. Case: ANX2003-07016 -1830 Brentwood Drive Level Three Application . Community Development 2003-09-16 9 9/16/03 . Owner/Applicant: Steve Rainwater (727-443-0372). Location: 0.24-acres located on the north side of Brentwood Drive, approximately 450 feet east of Keene Road and 280 feet north of Lakeview Road. Atlas Page: 308A. Request: (a) Annexation of 0.24-acres to the City of Clearwater; (b) Land Use Plan amendment from the RL, Residential Low Category (County) to the RL, Residential Low Category (City of Clearwater); and (c) Rezoning from the R3, Single Family Residential District (County) to the LOR, Low Density Residential District (City of Clearwater). Proposed Use: Existing single-family dwelling. Neighborhood Association(s): None. Presenter: Marc A. Mariano, Planner. The subject property is on the north side of Brentwood Drive, approximately 450 feet east of Keene Road and 280 feet north of Lakeview Road. The applicant is requesting this annexation in order to receive City sewer service. The property is contiguous with the existing City boundaries to the south, east and west; therefore, the proposed annexation is consistent with Florida Statutes with regard to voluntary annexation. The subject site is approximately 0.24 acres in area and is occupied by an existing single-family detached dwelling. It is proposed that the property have a Future Land Use Plan designation of Residential Low (RL) and a zoning category of LOR, Low Density Residential. . The proposed annexation can be served by City of Clearwater services, including sanitary sewer, solid waste, police, fire and emergency medical services without any adverse effect on the service level. The applicant is aware of the assessment and impact fee payments required for sewer connection, as well as any additional costs to extend City sewer service to the property. The proposed annexation and existing use are consistent with the City's Comprehensive Plan and the Pinellas Planning Council's Countywide Plan Rules with regard to both the Future Land Use Map and the goals and policies. The existing and proposed use of this site as a single-family detached dwelling is consistent with the LOR zoning district. Finally, the proposed annexation is consistent with Florida law regarding municipal annexation through its adjacency with existing City boundaries and is compact in concentration. Based on the above analysis, the Planning Department recommends the following actions on the request: 1. Approval of the annexation of property located at 1830 Brentwood Drive; 2. Approval of the Residential Low (RL) category pursuant to the City's Comprehensive Plan; and 3. Approval of the LOR, Low Density Residential zoning district pursuant to the City's Community Development Code. . Member Mazur moved to approve Consent Agenda items E1, Case FLD2003-06031 for 1988 Gulf-to-Bay Boulevard; E2, Case FLD2003-06030/PL T2003-00004 for 125 Brightwater Drive, E3, Case FLD2003-07031/PL T2003-00006 for 116-120 Brightwater Drive, E4, Case ANX2003-07014 for 2179 Burnice Drive, E5, Case ANX2003-07015 for 910 Berkley Place, and E6, Case ANX2003-07016 for 1830 Brentwood Drive. The motion was duly seconded and carried unanimously. Community Development 2003-09-16 10 9/16/03 e. 1. e e NON-CONSENT AGENDA (Item 1) . Case: FLD2003-06027rrDR2003-06003 - 205,209 and 214 Brightwater Drive - Brightwater Pointe Level Two Application Owners: Larry L. and Barbara S. Miller. Applicant: Brightwater Pointe, LLC (Roland Rogers). Representative: Housh Ghovaee, Northside Engineering Services, Inc. (601 Cleveland Street, #930, Clearwater, FL 33755; work: 727-443-28691 fax: 727-446-8036/ email: nestech(Q>.mindsprina. com). Location: 0.595 acres at the eastern terminus of Brightwater Drive. Atlas Page: 276A. Zoning: T, Tourist District. Request: Flexible Development approval to permit attached dwellings with a reduction of the front (west) setback from 15 feet to zero feet (to pavement), reduction of the side (west) setback from 10 feet to five feet (to pavement), reduction of the side (north) setback from 10 feet to five feet (to pavement) and reductions of the rear (east) setback from 20 feet to 18 feet (to building) and from 20 feet to zero feet (to pool deck and boardwalk), with increases of building height from 35 feet to 54 feet (to roof deck) with an additional six feet (from roof deck for perimeter parapets) and 16 feet (from roof deck for open gazebos) and to permit parking that is designed to back into the public right-of-way, as part of a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-803.C (retaining seven existing boat slips and four existing docks for sole use by the property owners) and the Transfer of Development Rights for three dwelling units from 130 Brightwater Drive, under the provisions of Section 4-1403. Proposed Use: Twenty (20) attached dwellings (condominiums). Neighborhood Association: Clearwater Beach Association (Pres. David MacNamee, 827 Mandalay Ave., Clearwater, FL 33767; phone: 727-446-5801). Presenter: Wayne M. Wells, AICP, Senior Planner. The pie-shaped site is 0.595 acres at the eastern terminus of Brightwater Drive, approximately 1,700 feet east of Hamden Drive. It is located along a highly developed area within Clearwater Beach and has frontage along Clearwater Bay. The site is located within the Small Motel District of Beach By Design, which provides for the redevelopment of Brightwater Drive with townhomes and timeshares between two and four stories above parking. The site currently is developed with a one- and two, two-story residential/overnight accommodation buildings of 16 units. The existing two-story buildings are approximately 20 feet in height. The site has the appearance of one, undefined, existing driveway along most of the front property line (Brightwater Drive), where parking spaces can "back out" into the right-of- way. The site is currently nonconforming with regard to "back out" parking and front, side and rear setbacks. The site also contains four existing docks and seven boat slips, to be retained for resident and guest usage only and will not be sub-leased. All existing improvements (buildings, pavement, walkways and decks) will be removed as part of the site's redevelopment. The proposal includes constructing a 20-unit, four-story (over ground level parking) residential condominium building. A total of 17 dwelling units are permitted for the subject property, based on the maximum of 30 units per acre. The applicant is proposing the utilization of three dwelling units through the Transfer of Development Rights from 130 Brightwater Drive (which is the maximum of 20 percent of the maximum number of dwelling units allowed by the Residential Facility High land use classification). The first two levels will contain six units on each floor, while the third level will have five units and the top level will have three units. The Community Development 2003-09-16 11 9/16/03 . . . units on the first two levels will range in size from 1,868 square feet to 2,017 square feet in area. Units on the third level will range from 2,228 square feet to 2,610 square feet in area. Units on the top level will be greater than 3,600 square feet each. The 30 parking spaces under the building will include 1.5 spaces per unit and two handicap spaces, accessible through a designated one-way circulation (entrance on the southwest side and exit on the north side). The applicant has provided four "guest" parking spaces that back out into the right-of-way of Brightwater Drive. While the redevelopment of this site will eliminate the majority of the "back out" parking, staff does not support the design of these "guest" spaces. The Community Development Code prohibits "back out" parking for any uses other than detached dwellings. To date, staff has only supported the concept of "back out" parking for townhomes only located on Brightwater Drive. These townhomes have individual garages and driveways and operate as, and have the characteristics of, single-family detached homes. The driveway lengths for these townhomes permit a vehicle to completely "back out" of the garage, thus eliminating the garage walls as a potential view obstruction of the sidewalk and street. The request is to permit attached dwellings within the Tourist District with a reduction of the front (west) setback from 15 feet to zero feet (to pavement), a reduction of the side (west) setback from 10 feet to five feet (to pavement), a reduction of the side (north) setback from 10 feet to five feet (to pavement) and reductions of the. rear (east) setback from 20 feet to 18 feet (to building) and from 20 feet to zero feet (to pool deck and boardwalk), under the provisions of Section 2-803 as a Comprehensive Infill Redevelopment Project. The side setback reductions are to the pavement of the entrance and exit driveways only. The proposed building meets the front and side setback requirements. A cantilevered awning in the front center of the building is also proposed, as the Code allows such projections when not attached to the ground. The rear setback proposed to the building will still comply with the Building Code requirement of an 18 feet setback from the seawall. The rear setback reduction is otherwise to the pool and pool deck, which is consistent with other approved projects on Brightwater Drive and Bayway Boulevard. Adjustments to the Building Code setback (less than 18 feet) are also reviewed by the Building Official prior to building permit issuance. The proposal includes increases of building height from 35 feet to 54 feet (to roof deck), with an additional six feet (from roof deck for perimeter parapets) and 16 feet (from roof deck for open gazebos). The proposed building of four stories over ground level parking is consistent with that envisioned by Beach by Design for this street. Code provisions allow parapet walls to extend a maximum of 30-inches above the roof deck. The applicant is requesting to increase the parapet to a total of six feet from the roof deck. This six-feet high parapet is located on the front of the building and on the north and southwest sides of the building, will hide rooftop air condensing units and will be in proportion with the building fa9ade. The proposal also includes two open gazebos on the waterside of the building that will be 16 feet in height (from roof deck to peak of the gazebo roof) for architectural embellishment and to provide visual relief. The roof deck is also a common element for the condominiums. The waterside of the roof will be enclosed for safety and Building Code purposes with a three-foot high balustrade, which will not block water views from residents and guests while on the roof deck. Code provisions allow, and the proposal includes, elevator towers, stair towers and mechanical equipment rooms to be a maximum of 16 feet above the roof deck. The proposed gazebos will, therefore, be consistent with the elevator towers, stair towers and mechanical equipment rooms proposed on the front side of the building. The Mediterranean Revival style of architecture of the building will include light beige/hazelwood stucco for the main building color, accented by the elevator towers in a darker shade (soft gold) that will also be for the ground-level parking walls and architectural trim. The Community Development 2003-09-16 12 9/16/03 . parapet walls will contain a clay-colored barrel tile roof. The window, facia and railings will be white in color. The building will have a significant number of windows and balconies on all elevations, primarily facing the water. The landscape plan exceeds the Code requirements utilizing a colorful groundcover (wedelia), shrubs (including cocoplum and hibiscus) and trees (including washingtonia palms and silver buttonwoods). Additional landscaping may be possible on the rooftop deck of the building. Conflicts between proposed utility lines and landscape materials will need to be resolved prior to the issuance of any permits. All edges of pavement will need to be curbed for the protection of landscaped areas. . The applicant will remove all existing signs. No new signs are proposed with this development. Dumpsters wheeled to the street and placed within a staging area on pickup days will remove solid waste. To ensure the required front setback will be met, the site plan will need to indicate the 15-foot dimension to all corners of the proposed building. All required Parks and Recreation impact fees will be required to be paid prior to the issuance of any building permits. Proposed utility facilities (electric and communication lines) on-site and existing aboveground utility facilities in the public rights-of-way will be required to be placed underground, or provisions made for placing the utilities underground (including interim construction details to be completed prior to the issuance of the first certificate of occupancy) within timeframes acceptable to the City. Drainage drawdown calculations will need to be submitted or an equalizer will need to be provided between the ponds prior to the issuance of any permits for this project. A special warranty deed, specifying the number of dwelling units being conveyed or sold from 130 Brightwater Drive and being transferred to this site, is required to be recorded prior to the issuance of any permits for this project. This special warranty deed also must contain a covenant restricting in perpetuity the use of 130 Brightwater Drive due to the transfer of development rights. The application and supporting materials were reviewed by the Development Review Committee on July 17, 2003. The Planning Department recommends approval of the Flexible Development approval to permit attached dwellings with a reduction of the front (west) setback from 15 feet to zero feet (to pavement), reduction of the side (west) setback from 10 feet to five feet (to pavement), reduction of the side (north) setback from 10 feet to five feet (to pavement) and reductions of the rear (east) setback from 20 feet to 18 feet (to building) and from 20 feet to zero feet (to pool deck and boardwalk) and with increases of building height from 35 feet to 54 feet (to roof deck) with an additional six feet (from roof deck for perimeter parapets) and 16 feet (from roof deck for open gazebos), as part of a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-803.C (retaining seven existing boat slips and four existing docks for sole use by the property owners) and the Transfer of Development Rights for three dwelling units from 130 Brightwater Drive, under the provisions of Section 4-1403 for the site at 205,209 and 214 Brightwater Drive, with the following bases and conditions: Bases for Approval: -h 1. The proposal complies with the Flexible Development criteria as a Comprehensive Infill Redevelopment Project per Section 2-803.C; ~2. The proposal is in compliance with other standards in the Code including the General Applicability Criteria per Section 3-913; and 3,.3. The development is compatible with the surrounding area and will enhance other redevelopment efforts. . Conditions of Approval: Community Development 2003-09-16 13 9/16/03 . . . -h 1. The final design and color of the building be consistent with the conceptual elevations submitted to, or as modified by, the COB; ~2. Boats moored at the docks, lift and/or slips be for the exclusive use by the residents and/or guests of the condominiums and not be permitted to be sub-leased separately from the condominiums; 3,-3. All Fire Department requirements be met prior to the issuance of any permits; 4-A. All Parks and Recreation fees be paid prior to the issuance of any building permits; 5:5. All applicable requirements of Chapter 39 of the Building Code be met related to seawall setbacks; &-6. The two"guest" parking spaces be provided and designed to avoid backing into the right-of- way and the two spaces comply with City Code, and revised plans be submitted to the Planning Department by September 30, 2003, reflecting this change; 7-;7. Prior to the issuance of any permits, the site plan be revised to indicate all corners of the proposed building meeting the required front setback of 15 feet; 8~8. Prior to the issuance of any permits, conflicts between proposed utility lines and landscaping be resolved; ~9. The site and landscape plans be revised prior to the issuance of any permits to curb all edges of pavement for the protection of landscaped areas; -W:.10. A condominium plat be recorded prior to the issuance of the first Certificate of Occupancy; 1-1-,-11. All proposed utilities (from the right-of-way to the proposed buildings) be placed underground and installation of conduit(s) along the entire length of the site's street frontage OF pFevisieRs-maEle-fef-J*iGiRg-the-ut-iHt~e&-\;JR€leFgFGlffiEI-{fRG~GiAg-int-eFim-GeRstruGt-ieR-E1et-aHs-tG-be completed prior to the issuance of the first certificate of occupancy; -1-2~ 12. Prior to the issuance of any permits drainage drawdown calculations be submitted or an equalizer be provided between the ponds, acceptable to the Engineering Department; and lJ~ 13. A special warranty deed, specifying the number of dwelling units being conveyed or sold from 130 Brightwater Drive and being transferred to this site, be recorded prior to the issuance of any permits for this project. The special warranty deed also must contain a covenant restricting in perpetuity the use of 130 Brightwater Drive due to the transfer of development rights. The Planning Department recommends denial of the Flexible Development request to permit parking that is designed to back into the public right-of-way, as part of a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-803.C for the site at 205, 209 and 214 Brightwater Drive, with the following bases: Bases for Denial: 1. The proposal does not comply with the Flexible Development criteria as a Comprehensive Infill Redevelopment Project under the provisions of Sections 2-803.C; 2. The proposal does not meet the purposes of the Community Development Code (Section 1- 103); 3. The proposal is not in compliance with other standards in the Code including the general applicability criteria under the provisions of Section 3-913; and 4. The proposal is incompatible with the surrounding area and will not enhance other redevelopment efforts. Housh Ghovaee, representative, questioned why staff recommended denial of the request for the four guest parking spaces that would allow vehicles to back out onto the street. He said the spaces are on a cul-de-sac and would not adversely affect traffic. The area around Community Development 2003-09-16 14 9/16/03 . . . the parking spaces would be softened with landscaping. In response to a question, Mr. Ghovaee said he had no other options for guest parking. In response to a question, Assistant Planning Director Lisa Fierce said there is no prohibition for parking on the street. Back-out parking only is permitted for single-family dwellings. Discussion ensued and it was suggested that Mr. Ghovaee consider two guest spaces in a parallel parking configuration. Concern was expressed that the lack of parking on Brightwater Drive creates a street parking problem. Mr. Ghovaee said he would be willing to reduce the parking to two parallel parking spaces. Member Gildersleeve moved to approve Item F1, Case FLD2003-06027rrDR2003- 06003 for 205,209, and 214 Brightwater Drive, amending Condition #6 to read "The two"guest" parking spaces be provided and designed to avoid backing into the right-of-way and the two spaces comply with City Code, and revised plans be submitted to the Planning Department by September 30,2003, reflecting this change." The motion was duly seconded. In response to a question, Ms. Fierce said this is not the first case of a TOR on the beach. Upon the vote being taken, Members Gildersleeve, Hooper, Moran, Mazur, Milam, Plisko, and Chair Petersen voted "aye". Motion carried. G. DIRECTOR'S ITEMS: Ms. Fierce said the Planning Department is now fully staffed with 16 full-time employees. She introduced Veri Emrick who is experienced in general planning, master planning, transportation planning, historic preservation, historic preservation planning, and mainstreet downtown revitalization planning. Member Mazur moved to accept Mr. Emrick as an expert witness in general planning, master planning, transportation planning, historic preservation, historic preservation planning, and mainstreet downtown revitalization planning. The motion was duly seconded and carried unanimously. Ms. Fierce said there would be no meeting in November 2003. Discussion regarding a holiday luncheon in December would take place at the October meeting. The COB is invited to attend an annual frequent User Group Meeting that is tentatively scheduled for November 13, 2003, at the Harborview Center. The time is to be determined. Discussion ensued regarding applications that meet the September deadline but would not be heard until November. Development Review Manager Frank Gerlock said he would review the schedule with Member Plisko after the meeting. Concern was expressed that areas such as Brightwater Drive have insufficient parking. It was suggested consideration be given to setback requests for buildings with 4 - 5 stories, as the taller the building, the greater the setback should be to avoid creating a canyon effect which adversely affects airflow, view corridors, etc. Mr. Gerlock said short of imposing a building moratorium, cases are considered on an individual basis and whether or not they meet the Code. It was suggested that this issue be considered during Code revisions. Community Development 2003-09-16 9/16/03 15 . . . .... Adiournment The meeting adjourned at 2:43 p.m. B Community Development 2003-09-16 ~ G P~LV- Chair Community Development Board 16 9/16/03 COMMUNITY DEVELOPMENT BOARD Meeting Date: September 16" 2003 I have conducted a personal investigation on the personal site visit to the following properties. 1988 Gulf to Bay Blvd. X yes . FLD2003-06031 Richard Cope CMT Holdings, Ltd. no 922 South Missouri Avenue SGN2003-0800 1 Clearwater Retail Group, Ltd. Amscot Financial, Inc. X yes no 125 Brightwater Drive FLD2003-06030 / PL T2003-00004 Robert W. & Donna L. DeStefano Belle Aqua Villas I yes x.. no , 116-120 Brightwater Drive FLD2003-07032 / PL T2003-00006 Garry and Mary A. J emigan Belle Aqua Villas II yes Y no 205,209, & 214 Brightwater Dr. FLD2003-06027 / TDR2003-06003 Larry L. and Barbara S. Miller Brightwater Pointe, LLC yes ~no Page 10f2 COMMUNITY DEVELOPMENT BOARD: Meeting Date September 16. 2003 2179 Bumice Drive ANX2003-070l4 Charles R. Smalley x yes no 910 Berkley Place ANX2003-070l5 Lawrence A. and Susan Walther yes x no 1830 Brentwood Drive ANX2003-070 16 Steve Rainwater yes X no Signature: ~ Date 1/17/05> , I S:\Planning Department\C 0 B\CDB, property investigation check list.doc Page 2 of2 COMMUNITY DEVELOPMENT BOARD Meeting Date: September 16, 2003 I have conducted a personal investigation on the personal site visit to the following properties. $::3-06031 Richard Cope CMT Holdings, Ltd. 1988 Gulf to Bay Blvd. yes 922 South Missouri Avenue SGN2003-0800 1 Clearwater Retail Group, Ltd. Amscot Financial, Inc. +no yes 125 Brightwater Drive FLD2003-06030 / PL T2003-00004 Robert W. & Donna L. DeStefano Belle Aqua Villas I yes -+no FLD2003-07032 / P\T2003-00006 -6-no Garry and Mary A. J emigan Belle Aqua Villas II 116-120 Brightwater Drive yes 205,209, & 214 Brightwater Dr. FLD2003-06027 / TDR2003-06003 Larry L. and Barbara S. Miller Brightwater Pointe, LLC yes 4no Page 1 of2 COMMUNITY DEVELOPMENT BOARD: Meeting Date September 16. 2003 2179 Bumice Drive ANX2003-070 14 Charles R. Smalley -4no yes yes ~~2003-07015 +no Lawrence A. and Susan Walther 910 Berkley Place 1830 Brentwood Drive ANX2003-070 16 Steve Rainwater yes no Date' 9/1?-,/C7 3 S:\Planning Department\C D B\CDB, property investigation check list.doc Page 2 of2 COMMUNITY DEVELOPMENT BOARD Meeting Date: September 16., 2003 I have conducted a personal investigation on the personal site visit to the following properties. 1988 Gulfto Bay Blvd. FLD2003-06031 Richard Cope CMT Holdings, Ltd. ~yes no 922 South Missouri Avenue SGN2003-0800 1 Clearwater Retail Group, Ltd. Amscot Financial, Inc. ~yes no 125 Brightwater Drive FLD2003-06030 / PL T2003-00004 Robert W. & Donna L. DeStefano Belle Aqua Villas I ...---- yes no 116-120 Brightwater Drive FLD2003-07032 / PL T2003-00006 Garry and Mary A. J emigan Belle Aqua Villas II c.....----- yes no 205,209, & 214 Brightwater Dr. FLD2003-06027 / TDR2003-06003 Larry L. and Barbara S. Miller Brightwater Pointe, LLC ~yes no Page 1 of2 COMMUNITY DEVELOPMENT BOARD: Meeting Date September 16~ 2003 2179 Bumice Drive ANX2003-070 14 Charles R. Smalley ------ yes no 910 Berkley Place ~es ANX2003-07015 Lawrence A, and Susan Walther no 1830 Brentwood Drive ANX2003-07016 Steve Rainwater ~ no Signature~~ Date' S:\Planning Department\C D 8\CDB, property investigation check list.doc Page 2 of2 COMMUNITY DEVELOPMENT BOARD Meeting Date: September 16" 2003 I have conducted a personal investigation on the personal site visit to the following properties. yes 7003-06031 no Richard Cope CMT Holdings, Ltd. 1988 Gulf to Bay Blvd. 922 South Missouri Avenue SGN2003-0800 1 Clearwater Retail Group, Ltd. Amscot Financial, Inc. yes / no 125 Brightwater Drive FLD2003-06030 / PL T2003-00004 Robert W. & Donna L. DeStefano Belle Aqua Villas I yes / no yes FLD2003-07032 / 7003-00006 no Garry and Mary A. Jernigan Belle Aqua Villas II 116-120 Brightwater Drive yes FLD2003-06027/ 73-06003 no Larry L. and Barbara S. Miller Brightwater Pointe, LLC 205,209, & 214 Brightwater Dr. Page 10f2 COMMUNITY DEVELOPMENT BOARD: Meeting Date September 16. 2003 yes 72003-07014 no Charles R. Smalley 2179 Bumice Drive 910 Berkley Place ANX2003-07015 Lawrence A. and Susan Walther yes +0 yes j ANX2003-07016 no Steve Rainwater 1830 Brentwood Drive Date' S:\Planning Department\C D 8\CDB, property investigation check list.doc Page 2 of2 COMMUNITY DEVELOPMENT BOARD Meeting Date: September 16" 2003 I have conducted a personal investigation on the personal site visit to the following properties. 1988 Gulf to Bay Blvd. /yes FLD2003-06031 Richard Cope CMT Holdings, Ltd. no 922 South Missouri Avenue SGN2003-0800 1 Clearwater Retail Group, Ltd. Amscot Financial, Inc. yes ~o 125 Brightwater Drive FLD2003-06030 / PL T2003-00004 Robert W. & Donna L. DeStefano Belle Aqua Villas I ~es no 116-120 Brightwater Drive FLD2003-07032 / PL T2003-00006 Garry and Mary A. J emigan Belle Aqua Villas II ~es no 205,209, & 214 Brightwater Dr. J/ yes FLD2003-06027 / TDR2003-06003 Larry L. and Barbara S. Miller Brightwater Pointe, LLC no Page 1 of2 COMMUNITY DEVELOPMENT BOARD: Meeting Date September 16~ 2003 2179 Bumice Drive ANX2003-070 14 Charles R. Smalley yes ~no yes ANX2003-07015 L// no Lawrence A. and Susan Walther 910 Berkley Place yes ~X2003-070 16 /:0 Steve Rainwater 1830 Brentwood Drive ~.tJ Signature: J. / ( . '-- -~ Date' q II!!I/)?J S:\Planning Department\C 0 B\CDB, property investigation check list.doc Page 2 of2