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04/20/2004 . COMMUNITY DEVELOPMENT BOARD MEETING CITY OF CLEARWATER April 20, 2004 Present: Ed Hooper John Doran David Gildersleeve Shirley Moran Alex Plisko Edward Mazur, Jr. Kathy Milam Daniel Dennehy Chair Vice Chair Board Member Board Member Board Member Board Member Board Member Acting Board Member - departed 5:00 p.m. 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 2:07 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: March 16,2004 Member Gildersleeve moved to approve the minutes of the regular meeting of March 16, 2004, as submitted in written summation to each board member. The motion was duly seconded and carried unanimously. D. REQUEST FOR CONTINUANCE (Item 1): 1. Case: FLD2004-02008 - 926 South Myrtle Avenue Level Two Application Owner/Applicant: Patrick J. Shaughnessy and Sheryl M. Haynes. Representative: Roger A. Larson, Attorney (Johnson, Pope, Bokor, Ruppel, and Burns, LLP, P.O. Box 1368, Clearwater, FI33757-1368; phone: 461-1818, email: roqerl@jpfirm.com) Location: 1.36 acres located at the northeast corner of Myrtle Avenue and Magnolia Street, approximately 200 feet south of Druid Road. Atlas Page: 295B. Zoning District: C, Commercial. Request: Flexible Development approval to permit a mixed use development with a proposed medical clinic and an existing congregate care facility, as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-704.C. Proposed Use: A 7,971 square-foot medical clinic in association with an existing 32- bed congregate care facility. Neighborhood Association: None. Presenter: Bryan Berry, Planner. Member Moran recused herself. Community Development 2004-04-20 1 . . . Member Doran moved to continue Item D1, Case FLD2004-02008 for 926 South Myrtle Avenue. The motion was duly seconded. Members Doran, Gildersleeve, Plisko, Mazur, Milam, Acting Member Dennehy, and Chair Hooper voted "Aye"; Member Moran abstained. Motion carried. E. CONSENT AGENDA: (Items 1-3): 1. Case: FLD2003-11 058 - 161 Brightwater Drive Level Two Application OwnerlApplicant: Paul Camp Lane (Clearwater Townhomes, Inc., 7087 Grand National Drive, Suite 100, Orlando, FL 32819; phone: 407-316-0343; fax: 407-316-0372). Representative: Bill Woods (Woods Consulting, Inc.; 322 Ridge Road, Palm Harbor, FL 34683; phone: 727-861-5747; fax: 727-786-7479; cell: 727-871-0084; email: bi Ilwoods@woodsconsultinq.orq). Location: 0.47 acre located on the south side of Brightwater Drive, approximately 800 feet east of Hamden Drive. Atlas Page: 276A. Zoning District: T, Tourist. Request: Flexible Development approval to permit the construction of five multi-use docks providing 10 slips for a 1 O-unit townhome (FLD2002-11 042), with each dock measuring 60 feet in length (25 percent of the waterway width) from seawall and 1,080 square-feet of total decking for the five proposed docks, under the provisions of Section 3-601 . Proposed Use: Five shared multi-use docks. Neighborhood Association: Clearwater Beach Association (David MacNamee, 827 Mandalay Ave., Clearwater, FL 33767; phone: 446-5801; email: dmacnav@att.net). Presenter: Bryan Berry, Planner. The 0.47-acre site is on the south side of Brightwater Drive, approximately 800 feet east of Hamden Drive. The site is within the Small Motel District of Beach By Design, which provides for mid-rise town homes and timeshares between 2-4 stories above parking. This island finger currently is transitioning through major redevelopment from older motels into townhomes and condominiums. On January 21, 2003, the Community Development Board approved the upland development of a 1 O-unit town home at this address under Case FLD2002-11 042. Section 3-601.C.3 requires docks over 500 square-feet in area (in association with a multi-family development or condominium) to be treated as a commercial dock and to be approved as part of a Level Two, Flexible Development review. The total area comprised of the proposed five docks is 1,400 square-feet or 280 square-feet each. The five docks will provide 10 slips for use by the owners/tenants of each townhome. Each dock will extend 60 feet in length from the seawall, which is less than 75% of the 180-foot waterfront property width and approximately 25% of the 247-foot waterway width. The properties to the east and west are multi-family. The required setbacks for the proposed docks are 18 feet from either property. Signatures were provided from both neighboring property owners on the variance request form in the application packet stating no objection to the proposed structures. There are areas of sparse sea grass over which the docks pass. To minimize the impacts to the seagrass the applicant will grate the docks with a material that allows 70% light penetration for a distance of 30 feet out from the seawall. A copy of the manufacture's sheet for the grating material is attached to the application. The design also will reflect finger piers on each dock at the 30-foot interval to preclude boats from pulling into the seagrass areas. This will allow for 27.5 feet of permitted area in which to moor or dock boats. Boatlifts will be Community Development 2004-04-20 2 , j . . . installed and boats are required to be moored with their bows pointed towards the seawall. The depth of water in the area where boats will berth is a minimum of approximately five feet at mean low water to a maximum of seven feet. This should provide in excess of one foot of clearance between the lowest portion of a vessel and the bottom at mean low water. The dock patterns within the surrounding community are typically smaller docking facilities consistent with the age and character of existing upland developments. Most existing docks were built when boats were much smaller. The construction of upgraded docking facilities to accommodate larger boats is consistent with redevelopment and the construction of upscale three- and four-story town homes. The Development Review Committee reviewed the application and supporting materials on October 30, 2003. The Planning Department recommends approval of the Flexible Development application to permit the construction of five multi-use docks to provide 10 slips for a 10-unit Townhome under case number (FLD2002-11042), with each dock measuring 60 feet in length (25 percent of the waterway width) from seawall and 1,400 square-feet of total decking for the five proposed docks, under the provisions of Section 3-601, for the site at 161 Brightwater Drive, with the following bases and conditions: Bases for Approval: 1) The proposal complies with the Flexible Development criteria under the provisions of Section 3-601; 2) The proposal is in compliance with other standards in the Code including the general applicability criteria per Section 3-913; and 3) The dock development is compatible with current redevelopment efforts within the surrounding area. Conditions of Approval: 1) That Pinellas County Water Navigation, Florida Department of Environmental Protection (FDEP), U.S. Army Corps of Engineers and Southwest Florida Water Management District (SWFWMD) permits be approved prior to the issuance of building permits; 2) That a site plan indicating lighting on the end of dock to enhance navigation safety be submitted to and approved by staff prior to the issuance of any permits; 3) That the National Fire Protection Association (NFPA) 303 standards for "marinas and boat yards" be met to satisfaction of the Fire Department, prior to the issuance of building permits; 4) That boats moored at these docks shall be for the exclusive use by the residents of 161 Brightwater Drive and that there will be no commercial activities at the docks; 5) That floating and dock-supported signage be permanently installed containing wording warning boaters of the existence of protected seagrasses and manatees in the vicinity; 6) That covered boat lifts be prohibited (uncovered boat lifts may be reviewed at an administrative level provided all requirements of Section 3-601 are met); 7) That the proposed docks be used for the sole use of the owners and/or guests of the townhomes and not be permitted to be sub-leased and; 8) That all boats will be moored with there bows facing the seawall, keeping the lower units of all engines and rudders closest to the channel. While the agenda item incorrectly states the proposed length of the docks, the staff report is correct. See page 9 for motion. 2. Item Pulled from Consent Agenda Case: FLD2003-12070 - 395 Mandalay Avenue Level Two Application Owner/Applicant: Marla Winner. Representative: Fowler and Associates (Stephen Fowler, 1421 Court Street, Suite D, Clearwater, FL 33756). Community Development 2004-04-20 3 . Location: 0.09-acre lot located on the east side of Mandalay Avenue, approximately 200 feet north of Pier 60 Drive. Atlas Page: 267 A. Zoning District: T, Tourist. Request: Flexible Development approval to permit a reduction to lot size from 5,000 square-feet to 4,040 square-feet, a reduction in the side (south) setback to 0.5 feet (to building) and zero feet (to pavement), a reduction in the front (west) setback to three feet (to building) and zero feet (to pavement), a reduction in the side (north) setback to 0.9 feet (to building) and zero feet (to pavement), a reduction in the rear (east) setback to 0.5 feet (to building) and zero feet (to pavement), a reduction in required parking from 15 spaces per 1,000 square-feet to zero for a restaurant and to permit three dwelling units, as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2- 803.C and termination of status of non-conformity regarding density. Proposed Use: Restaurant and three residential units. Neighborhood Association: None. Presenter: Bryan Berry, Planner. . The 0.09-acre site is on the east side of Mandalay Avenue, approximately 200 feet north of Pier 60 Drive. The parcel is "L" shaped with the eastern one third of the parcel extending further north, as indicated on the survey. The property has two existing buildings, with the primary structure being two stories and totaling 4,204 square-feet. The primary building is divided into two separate tenant spaces on the ground floor and currently is used as retail sale of women's clothing, jewelry, and accessories. Two residential dwelling units are located on the second floor of the primary building. The second building, or cottage, is 574 square-feet and consists of one dwelling unit, bringing the total number of existing dwelling units on site to three. The parcel is on Clearwater Beach and falls under the vision of Beach By Design's Retail and Restaurant District. The overall vision for the district is to establish and maintain a vital retail and restaurant streetscape. A key element of the Retail and Restaurant District strategy is the construction of a parking garage, which will provide convenient parking to the District. The property has no physical parking on site. The only parking provided according to the applicant, are six leased spaces from the adjacent property owner to the north at 399 Mandalay Avenue. The applicant is proposing to convert the existing 2,100 square-foot ground floor from retail sale into a restaurant and add an additional 351 square-feet onto the rear eastern portion of the building for a kitchen and walk-in cooler/freezer. A restaurant is a permitted use within the Tourist District. The proposed restaurant will seat approximately 151 customers, not including the total number of barstools and sidewalk tables shown on the plan. Because the applicant has requested a change of use from the existing retail sale to restaurant, the existing lot area, lot width, building floor area ratio, setbacks, parking, and density are non-conforming with regards to the present Community Development Code; therefore the applicant has filed as a Comprehensive Infill Redevelopment Project. . The parcel is within a strip of development along Mandalay Avenue that is largely dependent upon available public parking. This is an existing condition all property owners along Mandalay Avenue are facing with regards to meeting parking requirements through any change of use or redevelopment. A large portion of the potential customers for the strip of development along Mandalay Avenue are "walk-up" due to surrounding uses and the pedestrian nature of the Retail and Restaurant District as planned in Beach By Design. Some of the nearby hotels and residential developments within walking distance are The Hilton, Clearwater Beach Hotel, Mandalay Beach Club, and Belle Harbor. Community Development 2004-04-20 4 . The restaurant use requires 7-15 parking spaces per 1,000 square-feet of floor space. The number of parking spaces required is a minimum of 17, at the seven per 1,000 ratio and 39, at the 15 per 1,000 ratio. Due to existing site and building conditions, there currently is no parking located or potentially available on site. One of the criteria set forth under the Restaurant use in the Community Development Code in Section 2-803 is a reduction may be granted if adequate parking is available on a shared basis as determined by all existing land uses within 1,000 feet of the parcel proposed for development, or parking is available through any existing or planned and committed parking facilities. The applicant submitted a typed statement, signed by the property owner at 399 Mandalay Avenue for the lease of six spaces. No documentation was provided showing the owner at 399 Mandalay Avenue to have sufficient parking for the existing use and an additional six spaces to lease. The applicant also submitted a parking study performed by Gulf Coast Consulting. The scope of the study was on Friday, December 5th and Saturday, December 6th from 11 :00 a.m. to 8:00 p.m. The study concluded that 714 public parking spaces are located within the required 1,000 feet of the parcel, with a maximum number of 373 spaces (or 43%) being occupied during any hour of the study period. . A plan for a five-story public parking facility at 483 Mandalay Avenue has been submitted to the Planning Department and reviewed by the Development Review Committee on April 1, 2004. The 1.69-acre parcel is proposed to accommodate 418 public parking spaces for the greater Retail and Restaurant District in Beach By Design. The subject property is 4,060 square-feet or 0.09 acre. The underlying future land use is Residential Facilities High (RFH), which permits 30 dwelling units per acre or 40 overnight accommodations. The total number of permitted dwelling units for the parcel is two. Currently, there are three dwelling units on the property. The applicant is requesting to terminate the nonconforming status regarding density and retain the three dwelling units. Section 6-109.8 of the Community Development Code states a level two approval shall not be granted to terminate status as a nonconforming use or structure unless the nonconformity is improved according to the following requirements: 1. Perimeter buffers conforminq to the requirements of Section 3-1202.0 shall be installed: Perimeter buffers are exempt in the downtown and tourist districts. The parcel also is within a strip of development that would not function well with buffers separating adjacent parcels. 2. Off-street parkinq lots shall be improved to meet the landscapinq standards established in section 3-1202.0: There is no parking located on site. . 3. Anv nonconforminq siqn, outdoor liqhtinq or other accessory structure or accessory use located on the lot shall be terminated. removed or brouqht into conformity with this development code: Community Development 2004-04-20 5 . There is no existing signage on the parcel. All advertising is through window display on the storefront. There is no outdoor lighting that is non-conforming. A 574 square- foot accessory structure or cottage is on the parcel in the northeastern portion of the property. This cottage houses the third dwelling unit that is in the request to be terminated from the non-conforming status. 4. The comprehensive landscapinq and comprehensive siqn proqrams may be used to satisfy the requirements of this section: The proposed signage is 20 square-feet. This is the minimum per business establishment with a principal exterior entrance. The applicant is proposing to renovate the exterior by replacing the two existing doors with one main entrance, along with additional painting and one attached sign. The proposed colors are compatible with the color palette recommended in Beach By Design and the fa<;ade renovations will help to enhance the streetscape along Mandalay Avenue. The hours of proposed operation are from 11 :00 a.m. to 10:00 p.m. The application meets the intent of the Retail and Restaurant District of Beach By Design. . The Development Review Committee reviewed the application and supporting materials on January 29, 2004. The Planning Department recommends approval of the application for Flexible Development approval to permit a reduction in lot size from 5,000 square-feet to 4,040 square-feet, a reduction in the side (south) setback to 0.5 feet (to building) and zero feet (to pavement), a reduction in the front (west) setback to three feet (to building) and zero feet (to pavement), a reduction in the side (north) setback to 0.9 feet (to building) and zero feet (to pavement), a reduction in the rear (east) setback to 0.5 feet (to building) and zero feet (to pavement), a reduction in required parking from 15 spaces per 1,000 square-feet to zero and termination of status of nonconformity regarding density for three existing units for a mixed use totaling 2,450 square-feet of restaurant and 2,679 square-feet of residential use as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-803.C, with the following bases and conditions. Bases for Approval: 1) The proposal complies with the Flexible Development criteria 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) The development is compatible with the surrounding area and will enhance other redevelopment efforts. Conditions of Approval: 1) That the applicant provide the necessary documentation to validate the use of the required six parking spaces for the three residential units within thirty days of the date of the COB meeting (4/20/2004); 2) That a grease (trap) compliance certification be installed prior to building permit; 3) That the final design and color of the building be consistent with the conceptual elevations submitted to, or as modified by the COB; and 4) That all signage be consistent to the design/colors submitted and comply with the requirements of the signage portion of the Community Development Code. Concerns were expressed: 1) That the property owner granting the leased spaces would conform with Code after granting the leased spaces, and 2) if the applicant met the criteria required for a Level Two application. . Planner Bryan Berry said Wings does not meet its parking requirements for a retail and service use and does not have parking spaces to lease. Mr. Berry referenced a diagram of the Community Development 2004-04-20 6 . . . Wings property and 399 Mandalay Avenue, reporting no documentation was submitted to determine if 399 Mandalay Avenue has additional parking to offer the applicant. Development Review Manager Frank Gerlock recommended approval be conditioned upon the applicant submitting necessary documentation that leasing the six parking spaces conforms with Code. Regarding adequate parking, it was remarked that the applicant's drawing indicates there is onsite parking. It was questioned where the applicant's employees park and if the Comprehensive Infill provisions require 1.5 parking spaces per residential unit. It was remarked while the application indicates a perimeter buffer will be installed, the site has no off-street parking lots to buffer. Assistant City Attorney Leslie Dougall-Sides opined that the termination of status of nonconformity speaks of use and structure. She said the definition section of use and structure does not cover density. She will recommend that staff provide recommendations to clarify that Section in a future Code amendment and to include a remark that criteria must be met where applicable. Mr. Gerlock said the four nonconformity items are not applicable in this zoning district. Mr. Berry said a nonconformity cannot be expanded unless it is terminated with regard to setbacks, building structure, density, etc. In response to a question, Ms. Dougall- Sides said 1) Downtown and tourist districts exempt properties from perimeter buffer requirements as there is no signage; 2) The second requirement is not applicable as there is no off-street parking and the applicant proposes to provide parking by other means; 3) The third nonconformity regulation is not applicable; and 4) The fourth requirement involves the comprehensive sign program and is not applicable. Mr. Gerlock said staff had suggesting amending the application when the applicant requested to expand the nonconformity. He recommended a condition requiring the applicant to provide confirmation regarding parking needs prior to issuance of a development order would satisfy the requirements of Code and allow the applicant to proceed with this project. Steve Fowler, applicant's architect, said the applicant would provide documentation regarding the six leased parking spaces. Marla Winner, applicant, stated she has leased six parking spaces from Mr. Coronas. The subject property has been brought up to Code. Three parking spaces are used for tenants and two are used for retail operations. As only one retail space is needed, one space is not necessary. She said as the City must have felt she did not need additional parking as it removed parking from the east side of Mandalay Avenue. She did not oppose the loss of parking, as mostly tourists frequent businesses on Clearwater beach. She said parking available at the City parking lot to the north, at the marina, Pier 60, and on-street parking are sufficient to meet the needs of her restaurant. In response to a question, Mr. Fowler said the applicant has six parking spaces available offsite. Originally, the application stated five additional spaces were to be obtained from Wings, however they are not available. Mr. Fowler said extensive interior renovations are planned. Mr. Gerlock proposed adding a condition "The applicant shall provide the necessary documentation within 30 days of today, validating the applicant's ability to secure the required six parking spaces for the existing three residential units." Mr. Fowler said the additional condition is acceptable to the applicant. Member Doran moved to approve Case FLD2003-12070 for 395 Mandalay Avenue, Flexible Development request to permit a reduction to lot size from 5,000 square-feet to 4,040 square-feet, a reduction in the side (south) setback to 0.5 feet (to building) and zero feet (to pavement), a reduction in the front (west) setback to three feet (to building) and zero feet (to Community Development 2004-04-20 7 . . . pavement), a reduction in the side (north) setback to 0.9 feet (to building) and zero feet (to pavement), a reduction in the rear (east) setback to 0.5 feet (to building) and zero feet (to pavement), a reduction in required parking from 15 spaces per 1,000 square-feet to zero for a restaurant and to permit three dwelling units, as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-803.C and termination of status of non-conformity regarding density, subject to the conditions listed in the staff report, as well as the additional condition that the applicant shall provide by May 20, 2004, the necessary documentation validating the ability to secure the required six parking spaces for the existing three residential units. The motion was duly seconded and carried unanimously. 3. Case: ANX2004-01001 - 2135 Burnice Drive Level Three Application Owner/Applicant: Remzi Dalip (phone: 727-461-5039). Location: 0.23-acre located on the south side of Burnice Drive, approximately 750 feet west of Belcher Road and 950 feet north of Lakeview Road. Atlas Page: 308B. Request: (a) Annexation of 0.23-acre to the City of Clearwater; (b) Land Use Plan amendment from the Residential Low (RL) Category (County) to the Residential Low (RL) 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: Detached dwelling. Neighborhood Association: None. Presenter: Gina L. Clayton, Long Range Planning Manager. The subject property is at 2135 Burnice Drive on the south side of the street, approximately 750 feet west of Belcher Road and 950 feet north of Lakeview Road. The applicant is requesting this annexation to receive City solid waste service. The property is not contiguous to existing City boundaries, however, it is in an enclave surrounded by City property on all sides and is within the borders of the City's planning area; therefore, the proposed annexation is consistent with Pinellas County Ordinance #00-63 with regards to voluntary annexation. The subject site is approximately 0.23 acre in area and is occupied by a single- family detached dwelling. It is proposed 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 solid waste, police, fire and emergency medical services without any adverse effect on the service level. At this time sanitary sewer service is not available, however, when it becomes available in the future, the applicant is aware of the assessment and impact fee payments required for sewer connection. 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 LMDR zoning district. The proposed annexation is consistent with Pinellas County law regarding municipal annexation. Based on the above analysis, the Planning Department recommends the following actions on the request: 1) Approval of the annexation of property located at 2135 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. Community Development 2004-04-20 8 . Member Mazur moved to approve Item #1, Case FLD2003-11-58 for 161 Brightwater Drive, and recommend approval of Item #3, Case ANX2004-01 001 for 2135 Burnice Drive. The motion was duly seconded and carried unanimously. Acting Member Dennehy did not vote. F. LEVEL TWO APPLICATIONS (Items 1-2): 1. Case: FLD2003-09050 - 1925 Edgewater Drive Owner/Applicant: Top Flight Enterprises, Inc. Representative: Harry S. Cline, Esq. (625 Court Street, Clearwater, FL 33766; phone: 727-441-8966; fax: 727-442-8470). Location: 2.57 acres at the southeast corner of Sunnydale and Edgewater Drives. Atlas Page: 251A. Zoning District: T, Tourist. Request: Flexible Development approval to permit a reduction to the side (east) setback from 10 to 5.85 feet (to pavement), and an increase of building height from 35 to 75 feet from base flood elevation of 13 feet MSL (with height calculated to the midpoint of the roof slope) to construct 77 multi-family residential (attached) units, under the provisions of Section 2-803.B. Proposed Use: A 77-unit development of attached, multi-family units. Neighborhood Association: Edgewater Drive Homeowners Association (Chip Potts, 1150 Commodore St., Clearwater, FL 33755; phone: 727-448-0093). Presenter: Michael H. Reynolds, AICP, Senior Planner. . Acting Member Dennehy recused himself. This 2.572-acre site is on the southeast corner of Sunnydale Drive and Edgewater Drive, and north of Sunset Point Road. Commercial, and residential land uses dominate the immediate vicinity. Two motels are on the property proposed for redevelopment. The proposal is to completely raze the site, including the two motels and all ancillary structures, and to construct 77 (attached) multi-family residential dwellings. All applicable Code requirements and criteria including, but not limited to, General Applicability criteria (Section 3- 913) and the flexibility criteria for attached units (Section 2-803.B) have been met. The application as advertised is seeking Flexible Development approval to permit attached dwellings with a reduction of the side (east) setback from 10 to 5.85 feet (to pavement), an increase of building height from 50 feet (FLS level) to 75 feet from base flood elevation of 13 feet MSL (with height calculated to the midpoint of the roof slope). The request for additional building height is to allow for the density to be designed within the limits of the property. The side setback request will allow the parking space requirement to be met. The plan indicates heavy landscaping will be installed along the east property line, where the setback reduction is sought. The Development Review Committee reviewed the application and supporting materials on January 29, 2004. The Planning Department recommends approval of the Flexible Development application to permit attached dwellings with a reduction of the side (east) setback from 10 to 5.85 feet (to pavement), and an increase of building height, from 35 to 75 feet from base flood elevation of 13 feet MSL (with height calculated to the midpoint of the roof slope) to construct 77 multi-family residential (attached) units, under provisions of Sections 2-803.B. and 2-303. with the following bases and conditions: . Community Development 2004-04-20 9 . Bases for Approval: 1) The proposal complies with the Flexible Development criteria per Section 2-803.B; 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) That a revised landscape plan be submitted satisfactory to Planning staff, prior to building permit issuance; 2) That Open Space, Recreation Land and Recreation Facility impact fees be satisfied prior to the issuance of building permits or final plat, whichever occurs first; 3) That a copy of the SWFWMD permit be provided prior to building permit; 4) That Traffic Impact Fees be determined and paid prior to Certificate of Occupancy issuance; 5) That a tree preservation plan be provided prior to building permit issuance; 6) That all Fire Department requirements be addressed prior to building permit issuance; 7) That a 10- foot sidewalk, drainage and utility easement along frontage of Edgewater Drive be granted; 8) That a Condominium plat be recorded prior to issuance of the first Certificate of Occupancy; 9) That 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; 10) That a vacation of alley and/or easements be completed prior to issuance of a building permit; 11) That the installation of sanitary sewer main be completed prior to issuance of a building permit; 12) That all right-of- way permits be obtained prior to issuance of a building permit; 13) That a revised site plan be submitted prior to building permit issuance, correctly showing visibility triangles measured from the property lines; 14) That a sediment and erosion control prevention plan be submitted prior to any demolition and building permits; 15) That the separate site plans be consolidated to one site plan set with one site data table; 16) That the site data table indicate both the maximum and proposed Impervious Surface Ratio; 17) That the site data table state the number of motel rooms existing on site; and 18) That all signage meet Code, consist of channel letters for any attached signs, and be architecturally integrated to the design of the building and site. Freestanding signage will need to meet code and be monument-style in design. Senior Planner Mike Reynolds said this item was continued on March16, 2004, to provide the applicant time to redesign the project to reflect the character of the neighborhood. The building's design includes a stair-stepping effect whereby a section of the building rises to 52.5 feet and then transitions to 75 feet in height. The redesign meets side setback req uirements. It was questioned how staff determined this project is consistent with the Flexible Standard criteria. Mr. Reynolds said staff determined the four criteria have been met. The increased height improves site plan. The building's 75-foot height will result in a better layout of the site with respect to landscaping and off-street parking. A side setback reduction will not prevent access to the rear of any building by emergency vehicles, and results in an improved appearance. Mr. Reynolds said staff feels the site plan is consistent with Code. Concern was expressed the stair-stepping proposed consists of only one step, which is 40 feet high. It was remarked the proposal is not consistent with the residential area and nearby developments. It was indicated the flood zone lines on the boundary survey differ from elevations depicted in the application by one foot. It was suggested staff verify those numbers. . Harry Cline, representative, said this site is at one of the City's gateways. This property contains outdated buildings, which are marginally functional. The property is nonconforming in a host of ways and is unmarketable. He said LMDR zoning to the west allows for increased density. He said the area is a transient rental environment in a flood zone. He Community Development 2004-04-20 10 . said the applicant has proposed a quality development that will save oak trees, raze old structures, and reconstruct the project on the north end of the property. The applicant seeks an increase in height between 50 and 100 feet. Robert Aude, architect, said the Flexible Development criteria permits a height of 50 to 100 feet under a Level Two approval. He said the site's prominent trees greatly influenced the placement of the structure. Site ingress/egress has been reduced from six to two with ingress only off Sunnydale Drive. The developer and applicant held community meetings to obtain public input, which indicated opposition to ingress from Sunnydale, and support of a six-foot high, continuous wall along the east property line, and a change to the landscaping. All of those concerns influenced the design. The north and south portions of the building are 120 feet from the east property line, which is buffered by large trees. The proposal to transition the building was discussed with staff. . The design is of a mission style architecture. Mr. Aude said the trees cannot be preserved if the design is changed, the trees could not be preserved. In response to a question, he said the 77 units vary in size from 2,200 to 4,200 square-feet. Larger townhome units are to be located on the west side. He said the developer and applicant are in the process of performing a marketing study related to pricing, but estimated the units will be priced from $450,000. In response to a question, Mr. Aude said changing the building horizontally would place the project closer to residential property lines and impact traffic circulation. In response to a question, Assistant Planning Director Lisa Fierce reviewed Level One Flexible standards. Mr. Aude said limiting the project's height to 50 feet would cause the project to cover most of the site. He said the large oak trees provide a great buffering element to the east where parking will be located. He said the combination of landscaping, parking lot, and swimming pool will provide a 120-foot buffer. Ten persons spoke in support of the application; eighteen persons spoke in opposition. The meeting recessed from 4:52 to 5:01 p.m. In response to a question, Mr. Reynolds said the building height is specified in the Code. Engineering Director Mike Quillen said the LOS (level of service) on Edgewater Drive between Sunset Point Road and Union Street is F, however peak hour trips are 1 % of the total, which makes it deminimus. He said changes to Alternate US19's designation will not impact this site. Mr. Gerlock said the maximum height allowed for a Level One application is 35 to 50 feet, without a public hearing. There are no "automatic" approvals. Mr. Aude said as some Level Two development was anticipated to be up to 100 feet in height, the applicant feels 75 feet is within that criteria. He said scale is a matter of proportion and articulation. He said to fit the architecture into the community, proportions, dormers, recessed balconies, and appropriate use of materials have been incorporated into this design. Mr. Aude said the building's shadow will rarely reach the eastern property line. Mr. Cline said of 40 property owners who received notice of this hearing, 36 signed a petition in support of this application. He said the condominiums and the traffic are not at issue; the height is. He said the applicant has addressed the scale, shadows, maximum separation, oak trees, and improvement of this declining property. . Discussion ensued. It was remarked the CDS often had discussed the issue of height versus bulk. It was remarked the applicant's team had worked diligently to address the site plan Community Development 2004-04-20 11 . creatively. It was felt that while residential uses are best for this site, concerns were expressed regarding parking, the bulk, and the height of the project. It was remarked the oak trees already block the water view; therefore this project would not impact those views. It was remarked the applicant is not asking for rezoning, a land use change, additional density, or zero setbacks, and that this design is better than a shorter, box-type development. Mr. Cline requested a 90-day continuance. Member Doran moved to continue Case FLD2003-09050 for 1925 Edgewater Drive, to the July 20, 2004 meeting. The motion was duly seconded. Discussion ensued and it was remarked that the project's height and parking are the major issues. It was remarked that although the applicant has the right to request a height of 75 feet, the CDS is not obligated to grant it. A concern was expressed limiting parking to 1.5 spaces per unit, could cause parking to spill into the surrounding area. Upon the vote being taken, Members Doran, Gildersleeve, Moran, Plisko, Mazur, Milam, and Chair Hooper voted "Aye." Member Dennehy abstained. Motion carried. 2. Case: APP2004-00002 Applicant/Appellant: Housh Ghovahee, Northside Engineering Services, Inc. (601 Cleveland Street, Suite 930, Clearwater, FL 33755; phone: 727-443-2869; fax: 727-446- 8036; email: nesadmin@mindsprinq.com). Request: Appeal of an interpretation of Section 4-1402 with regard to how to calculate the maximum 20 percent of the permitted development potential of any given site. Presenter: Lisa L. Fierce, Assistant Planning Director. . The Planning Director met with Housh Ghovaee of Northside Engineering Services, Inc. (agent for appellant) to explain an interpretation of the Code with respect to calculating density/intensity. A letter was later submitted to the Planning Department by Debra Harris of Northside Engineering Services, Inc. requesting an interpretation of Section 4-1402 of the Code (Allocated Development Rights are Freely Transferable). (The Planning Department's interpretation letter was prepared after the appeal was submitted, but is consistent with the conversation with the applicant.) This appeal is not specific to a subject site. Subsections 4 and 5 are applicable to this case as follows: 4-1402.4 For parcels receiving density/intensity transferred from a designated environmental, open space, archaeological, historical or architecturally significant site, density/intensity may not exceed 20 percent of the permitted development potential of the site prior to the transfer. 4-1402.5 For parcels located within an area designated Central Business District (CBD) or Community Redevelopment District (CRD) on the Countywide Future Land Use Plan map or parcels governed by approved redevelopment or special area plans, a site may only receive density/intensity transferred from within the CBD, CRD, redevelopment plan area or special area plan district, and may not exceed the otherwise applicable maximum density/intensity by 20 percent provided that the governing plan makes specific provision for the use of transfer of development rights. . Community Development 2004-04-20 12 . In addition to these Code sections, it is important to understand how density is calculated as provided in Code section in 3-902 Comprehensive Plan Densities/Intensities. Subsection 0 states: 3-902.0 When calculating the lot area and/or density/intensity of a property, the total of either number shall not be rounded up to the next whole number. This provision means that densities/intensities are whole numbers and not fractions (e.g. 1.99 dwelling units is equal to one dwelling unit.). Density/intensity for any site is limited to the maximum development potential permitted by the Future Land Use Element of the Comprehensive Plan. The consistent land use categories are enumerated under each of the 14 zoning districts within the Community Development Code. The maximum development potential is expressed as maximum dwelling units per acre of land or maximum floor area ratio/impervious surface ratio. In order to determine maximum development potential, the following example shows each step in the calculation: 1) Calculatinq lot area 20,000 square-foot lot divided by 43,560 (one acre) = 0.459 acre; . 2) Calculatinq density/intensity Site area = 0.459 acres multiplied by 30 dwelling units (permitted density per acre) = 13.774 dwelling units; this is rounded down to 13 dwelling units permitted, which represents the maximum development potential of the site; and 3) Calculatinq maximum density/intensity with TOR process Maximum permitted density = 13 dwelling units (maximum development potential of the site) multiplied by 20 percent transfer = 2.6; this is rounded down to a maximum of two units to be transferred; the overall density permitted based on maximum development potential is 15 total dwelling units. The points of disagreement between the appellant's agent and staff are in the way density/intensity is rounded down as illustrated in #2 and #3 above. The Code specifically prohibits rounding up to the next whole number (e.g. 1.1 through 1.99 still equals one dwelling unit). Rounding up may artificially inflate the density and may exceed the maximum development potential as regulated by zoning district and land use category. Section 4-501.A.1 of the Community Development Code states that the Community Development Board has the authority to hear appeals from administrative interpretations of the development Code. The filing of an application/notice of appeal shall stay the effect of the decision pending the final determination of the case. . The City Attorney's office has opined that, based on recent litigation, the case shall be legally noticed and placed on the next available COB (Community Development Board) agenda. The COB shall review the application, the recommendation of the Community Development Coordinator, conduct a quasi-judicial public hearing on the application and render a decision in accordance with the provisions of Section 4-206.0. The Board may grant the appeal, grant the appeal subject to specified conditions or deny the appeal. (This is a modification from Code Section 4-504.B that states that the appeal shall be placed on the consent agenda of the next Community Development 2004-04-20 13 . scheduled meeting of the CDB and removed only by a vote of at least four members of the Board.) In order to grant an appeal (overturning or modifying the decision under appeal), the CDB shall find that, based on substantial competent evidence presented by the applicant or other party, ill! of the following criteria are met: 1) The decision appealed from, misconstrued or incorrectly interpreted the provisions of the Community Development Code; and 2) The decision will be in harmony with the general intent and purpose of the Community Development Code; and 3) The decision will not be detrimental to the public health, safety and general welfare. . In response to a question, Ms. Fierce said Clearwater's Code strictly prohibits rounding up to the next whole number. The PPC (Pinellas Planning Council), DCA (Department of Community Affairs), and other regulatory agencies would require an explanation from the City should that practice occur, as it would undermine the underlying land use and maximum potential development allowed. Planning Director Cyndi Tarapani said language in the Code is consistent with Pinellas County's transfer language. She said during negotiations with the PPC regarding the Beach by Design Special Area Plan, the PPC requested the 20% cap be included. The agency since has softened its position and staff feels the PPC would not object to removing the 20% cap for a project in a redevelopment area, such as at the beach or Downtown. Staff is considering incorporating an exception to the 20% cap in a future Code amendment. In response to a question, Ms. Tarapani said TDRs (Transfer of Density Rights) are available outside of historic, archaeological, and wetland preservation areas. Housh Ghovaee, applicant, said the numbers should be rounded up only one time, during the equation regarding density transfers. He presented an example of how he would calculate an equation. Ms. Tarapani said staff has reviewed these calculations many times with the applicant. Roland Rogers, applicant, recommended fractional numbers be rounded down only once. In response to a question, Ms. Tarapani said a change in the way density is calculated would greatly impact a small site, especially at the beach, would violate Code, and would conflict with regulatory agency regulations. Mr. Ghovaee offered to continue the case in order to present a letter from the PPC regarding density calculations. Discussion ensued regarding TDRs can shift from one area to another. In response to a question, Ms. Tarapani said the City has employed this calculation method for many years. Mr. Ghovaee said Clearwater is the only municipality that calculates density in this manner. It was remarked that staff had not misconstrued or incorrectly interpreted the provisions of the Community Development Code. Ms. Tarapani said the applicant is welcome to suggest a Code amendment regarding his concerns. . Member Mazur moved to deny the appeal of an interpretation of Section 4-1402 with regard to how to calculate the maximum 20 percent of the permitted development potential of any given site. The motion was duly seconded. Community Development 2004-04-20 14 . . . It was remarked that TORs involve the transfer of the same number of units from one location to another. It was suggested that consideration be given to increasing the amount of density transferred as a percentage versus the calculation method. Upon the vote being taken, the motion carried unanimously. Other Member Mazur reviewed his background supporting local organizations, including his service on various City advisory boards. He announced he is resigning from the COB effective at the end of this meeting. Adjourn The meeting adjourned at 6:14 p.m. Ch Community Development Bo ~~~)JJ(YJW Board Reporter Community Development 2004-04-20 15 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS NAME OF BOARD, COUNCil, COMMISSION, AUTHORITY, OR COMMITTEE Ct)b THE BOARD, COUNCil, COMMISSION, AUTHORITY OR COMMITTEE ON W ICH I SERVE IS A UNIT OF: CITY 0 COUNTY 0 OTHER lOCAL AGENCY AME OF POLITICAL SUBDIVISION: e~~~ LJI\.A \/'<f MY POSITION IS: ~ CCURRED \...J0d:) ~ o ELECTIVE APPOINTIVE WHO MUST FILE FORM 88 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. ' Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which: inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- 're which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the arent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are 'abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. * APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influ'ence the decision, whether orally or in writing and whether made '"'y you or at your direction. .YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: . You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 88 - EFF. 1/2000 PAGE 1 APPOINTED OFFICERS (continued) · A copy of the form must be provided immediately to the other members of the agency. · The form must be read publicly at the next meeting after the form is filed. . IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: · You must disclose orally the nature of your conflict in the measure before participating. · You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of thE meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. ~ DISCLOSURE OF LOCAL OFFICER'S INTEREST ~N'~~~eu.'-\' , hereby disclose that on ~!\.OJ lLo A;....o A-pll\L 10 . , ,20eL (a) A measure came or will come before my agency which (check one) .x inured to my special private gain or loss; f; inured to the special gain or loss of my business associate, -f. inured to the special gain or loss of my relative, inured to the special gain or loss of whom I am retained; or , by inured to the special gain or loss of is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: . ~WQ.CN'" (}? FLex \)VVtA..OI?M, lLea\)~\ 'fo L FL.\Yl.Q)~-~ 1 \'1l.5" 8ti,b~l\l'L ~.....\ '\It ,which " ~~ ---- 4').0' 04 Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES 9112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACH~.r..,. T, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, ,A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 88 - EFF. 1/2000 PAGE 2 COMMUNITY DEVELOPMENT BOARD Meeting Date: April 20~ 2004 I have conducted a personal investigation on the personal site visit to the following properties. 16~twater Drive ___(,:;ses FLD2003-11058 no Paul Camp Lane 39~da1ay Avenue --A--yes FLD2003-12070 no Marla Winner ~gewater Drive yes FLD2003-09050 no Top Flight Enterprises, Inc. ~es APP2004-00002 no Housh Ghovahee, Northside Engineering Services, Inc. xmice Drive yes ANX2004-0 1 00 1 no Remzi Dalip Signature: Da~\W\oi S:\Plllnning Depllrtment\C D B\Agendlls DRC & CD8\CDB\2004\04 April 20, 2004\CDB property investigation check list 042004. doc I of I COMMUNITY DEVELOPMENT BOARD Meeting Date: April 20~ 2004 I have conducted a personal investigation on the personal site visit to the following properties. 161 Brightwater Drive FLD2003-11058 ..---- yes no Paul Camp Lane 395 Mandalay Avenue FLD2003-12070 ~ yes no Marla Winner _1925 Edgewater Drive FLD2003-09050 ~ yes no Top Flight Enterprises, Inc. APP2004-00002 Housh Ghovahee, Northside Engineering Services, Inc. yes I ____ no 2135 Burnice Drive ANX2004-0 100 1 yes L----- no Remzi Dalip Signature~~ Date: ~t ~ ~i S:\Planning Department\C D SlAgendas DRC & CDB\CDlJ\2004\04 April 20, 2004\CDB property investigation check list 042004.docl of J COMMUNITY DEVELOPMENT BOARD Meeting Date: April 20~ 2004 I have conducted a personal investigation on the personal site visit to the following properties. 161 Brightwater Drive ~LD2003-11058 yes \ no ~ Paul Camp Lane 395 Mandalay Avenue / ~ yes FLD2003-12070 Marla Winner no 1925 Edgewater Drive - /yes FLD2003-09050 Top Flight Enterprises, Inc. no APP2004-00002 Housh Ghovahee, Northside Engineering Services, Inc. yes / no 2135 Bumice Drive yes ~/ no ANX2004-0 1 00 1 Rernzi Dalip ~~ Signature: I' f. Date: Lf t l/;IJ') f l~ S:\Planning Department\C D BlAgendas DRC & CD8\CDlA2004\04 April 20, 2004\CDB property investiRation check list 042004.docI of 1 I COMMUNITY DEVELOPMENT BOARD Meeting Date: April 20" 2004 I have conducted a personal investigation on the personal site visit to the following properties. 161 Brightwater Drive I FLD2003-11058 yes \ no Paul Camp Lane 395/Mandalay Avenue v yes FLD2003-12070 no Marla Winner _1925 Edgewater Drivj FLD2003-09050 yes no Top Flight Enterprises, Inc. yes j APP2004-00002 I no Housh Ghovahee, Northside Engineering Services, Inc. - / 2135 Burnice Drive / ANX2004-0 100 1 yes ~no Rernzi Dalip Date: S:\Planning Department\C D E!lAgendas DRC & CDB\CD8I2004\04 April 20, 2004\CDB property investigation check list 042004.docl of 1 COMMUNITY DEVELOPMENT BOARD Meeting Date: April 20'1 2004 I have conducted a personal investigation on the personal site visit to the following properties. 161 Brightwater Drive y FLD2003-11058 yes ~no 395 Mandalay AvenueG FLD2003-12070 yes ~no _1925 Edgewater DriV' FLD2003-09050 yes ,no yes (/ APP2004-00002 ,no 2135 Bumice Drive yes ANX2004-0 1 00 I no Signature: Paul Camp Lane Marla Winner Top Flight Enterprises, Inc. Housh Ghovahee, Northside Engineering Services, Inc. Remzi Dalip 7j~r S:\Planning Department\C D BlAgendas DRC & CDB\CDB\2004\04 April 20, 2004\CDB property investigation check list 042004.docl of 1 COMMUNITY DEVELOPMENT BOARD Meeting Date: April 20~ 2004 I have conducted a personal investigation on the personal site visit to the following properties. ~rDrive FLD2003-11058 Paul Camp Lane yes no 39~ay Avenue FLD2003-12070 Marla Winner yes no _1925 ~ewater Drive Vye; FLD2003-09050 Top Flight Enterprises, Inc. no ~ APP2004-00002 Housh Ghovahee, Northside Engineering Services, Inc. no 2135~ceDrive yes ANX2004-0 1 00 1 Rernzi Dalip no ~/U! Date: Signature: S:\Planning Department\C D /JIAgendas DRC & CD8\CD8I2004\04 April 20. 2004\CDB property investigation check list 042004.docl (if/ COMMUNITY DEVELOPMENT BOARD Meeting Date: April 20" 2004 I have conducted a personal investigation on the personal site visit to the following properties. 161 Brightwater Drive . I yes y. FLD2003-11058 Paul Camp Lane no 395, Mandalay Avenue "f..... yes FLD2003-l2070 Marla Winner no _19:25 Edgewater Drive .'" yes . FLD2003-09050 Top Flight Enterprises, Inc. no ~f~ yes APP2004-00002 Housh Ghovahee, Northside Engineering Services, Inc. no 2135 Burnice Drive yes 'i ... ANX2004-0 1 00 1 Remzi Dalip no Signature: Date: S:\Planning Department\C D B\ARendas DRC & CDB\CDB\2004\04 April 20. 2004\CDB property investigation check list 042004.docl of I