08/17/2004
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COMMUNITY DEVELOPMENT BOARD MEETING
CITY OF CLEARWATER
Aug ust 17, 2004
Present: Ed Hooper
John Doran
David Gildersleeve
Shirley Moran
Alex Plisko
Kathy Milam
J. B. Johnson
Daniel Dennehy
Chair
Vice Chair
Board Member
Board Member
Board Member
Board Member - departed 4:25 p.m.
Board Member - departed 7:00 p.m.
Alternate Board Member
Also Present: Leslie Dougall-Sides
Lisa Fierce
Frank Gerlock
Patricia O. Sullivan
Assistant City Attorney
Assistant Planning Director
Development Review Manager
Board Reporter
The Chair called the meeting to order at 1 :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: July 20,2004
. Member Johnson moved to approve the minutes of the regular meeting of July 20, 2004,
as submitted in written summation to each board member. The motion was duly seconded and
carried unanimously.
D. DISCUSSION ITEM (Item 1)
1. Case: Downtown Design Guidelines
Applicant: City of Clearwater, Planning Department.
Request: Review update to Downtown Design Guidelines as a component of the Clearwater
Downtown Redevelopment Plan.
Neighborhood Associations: Old Clearwater Bay Neighborhood Association (Rowland Milam,
1844 Venetian Point Drive, Clearwater, FL 33755 phone: 727-443-3227); Gateway Neighbors
(Paul Charles, 1367 Park Street, 33756; phone: 813-205-8779); Pierce 100 Condominium
Association (Terry Turner, 100 Pierce Street #710 Clearwater, FL 33756); Clearwater
Neighborhoods Coalition (Doug Williams, President, 2544 Frisco Drive, Clearwater, FL 33761;
phone: 727-725-3345; email: Diw@qte.net).
Presenter: Mark Parry, Planner II.
Planner Mark Parry reviewed draft Clearwater Downtown Design Guidelines, as
approved by the Downtown Design Guidelines Steering Committee, which met several times
per month since mid-December 2003. Guidelines address structures in the private sector, not
the public realm. Once approved, the guidelines will become a component of the Clearwater
Downtown Redevelopment Plan.
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Mr. Parry reviewed a power point presentation of the draft guidelines, their affect on
building scale and similarly sized lots, Downtown character district variations, pedestrian and
vehicular access, circulation, parking, the need for open space, outdoor cafes, and an active
streetscape, etc. Examples addressed proper locations for utilities, ventilations, dumpsters, and
the suitable use of landscaping and fencing. Also reviewed was building placement, orientation,
separations between buildings, height, width, architectural detail, and fa9ade design. Various
setback requirements, based on a sliding scale, have been recommended for the Old
Clearwater Bay character district.
Gates, security bars, and mirrored glass are discouraged. Doors should be in scale to
the building and feature similar architectural details. Low buildings should feature interesting
roof treatments. Architectural styles should not be mixed. Shutters should appear to work.
Awnings are to be proportionately located. Colors should complement the architecture.
The City Council requested City staff and the steering committee to consider the
architecture of the Downtown core, on Cleveland Street between Myrtle and Osceola avenues,
and on Ft. Harrison Avenue. The steering committee expanded the review of Ft. Harrison to
between Drew and Court streets, and reviewed architectural styles constructed between 1900
and 1950, common to Clearwater and Florida. With the help of a consultant, the committee
developed a series of images, which recognize appropriate Downtown architectural styles, to
include early 20th century architectural styles popular in the Tampa Bay area such as Art Deco,
Art Moderne, Mediterranean Revival, Neo-c1assical, Mission influence, etc. The guidelines
recommend historic properties be rehabilitated with suitable materials, preserved, restored, and
maintained. If appropriate, property owners should apply for inclusion in the National Register
of Historic Buildings, a program run by the Federal Government.
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Sign guidelines encourage continuity and the use of channel letters. Front-lit signs are
permitted. Monument signs, not freestanding ones, are permitted in some areas. Sandwich
board signs are unattractive, clutter sidewalks, are difficult to police, and have been prohibited.
Staff is considering allowing hanging signs, which would not count against sign limits. The new
wayfinding signs will provide directional help. Floodlights and spotlights are inappropriate. All
property owners are responsible for property maintenance, painting, the prompt removal of
graffiti, and sweeping front sidewalks.
City staff also plans to address the Pinellas Trail, a unique Downtown feature. Abutting
property owners are encouraged to install landscaping and benches, where appropriate. Mr.
Parry said the architectural design of utility infrastructure facilities should be similar to the main
building. Corporate designs are not exempt from the guidelines and must be modified to blend
in and meet build-to lines. The guidelines are scheduled for final City Council approval on
November 4, 2004.
In response to a question, Mr. Parry said redevelopment must be consistent with
surrounding buildings. The design and setting of the drugstore at the corner of Myrtle Avenue and
Cleveland Street would be different under proposed guidelines. Concern was expressed it is
difficult to define a mansard roof. Staff is reviewing the photographs to verify the illustrations are
accurate. Mr. Parry encouraged board members to forward photographs of better examples, if
available.
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In response to a concern, Mr. Parry said secondary frontages require the same quality of
architectural design as primary frontages, but with less intensity. Concern was expressed the
guidelines do not require the rear of buildings to feature setbacks and be pedestrian friendly. It
was said as 150-foot walls would appear massive to alleyway pedestrians, 12-foot arcade walks
or canopies, in scale to the structure, should be considered for the rear of buildings. Mr. Parry
said making any change to a building's fayade would trigger the new guidelines. The guidelines
require utilities and wire communication facilities to be concealed and not be located on the edges
of roofs.
It was recommended that the public be well educated regarding the new guidelines and for
staff to be consistent in their interpretation and implementation, to avoid legal challenges. Long
Term Planning Manager Gina Clayton said staff is working on amendments to the Downtown
zoning district and Development Code that allow flexibility. Specific setbacks and build-to lines
will be updated later in plan amendments.
Appreciation was expressed for the long hours and hard work on these guidelines by the
Downtown Design Guidelines Steering Committee and its Chair, Steve Fowler.
The CDB (Community Development Board) recessed from 2:06 to 2:13 p.m.
E. CONSENT AGENDA: The following cases are not contested by the applicant, staff,
neighboring property owner, etc. and will be approved by a single vote at the beginning of the
meeting. (Items 1 - 9) The COB reviewed these items after 2:00 p.m.
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1. Pulled from Consent Agenda
Case: FLD2004-05036 - 628 Cleveland Street Level Two Application
Owners: Community Redevelopment Agency and Tone 40, LLC.
Applicant: Station Square, LLC.
Representative: Brian Murphy (5100 West Kennedy Boulevard, Tampa, FL 33609
phone: 813-387-5336, fax: 813-288-0188, cell: 813-918-2305, e-mail:
brianmurphy@beckqroup.com).
Location: 0.97 acre located on the north side of Cleveland Street and south side of Laura
Street, approximately 500 feet west of North Myrtle Avenue.
Atlas Page: 286B.
Zoning District: Downtown (D).
Downtown Plan Character District: Downtown Core.
Request: Flexible Development approval to permit a mixed-use development and a building
within the required sight visibility triangles along Laura Street, balconies along the front (north)
fa<;ade along Laura Street which extend 50 inches into a public right-of-way, reduction of the
required number of parking spaces from 229 spaces to 196 spaces, an increase in the permitted
height from 30 feet to 165 feet (building height of 158 feet and a seven foot parapet wall) and an
increase of the permitted density from 64 dwelling units to 126 dwelling units by using 62
dwelling units from the Clearwater Downtown Redevelopment Plan area Public Amenities
Incentive Pool, as a Comprehensive Infill Redevelopment Project, under the provisions of
Section 2-903.C and a Comprehensive Landscape Program to eliminate the requirement to
provide foundation plantings, under the provisions of Section 3-1202. G.
Proposed Use: A mixed-use development with 126 attached dwellings and 10,000 square feet
of restaurant and retail, sales and service.
Neighborhood Association: Clearwater Neighborhoods Coalition (Doug Williams, President,
2544 Frisco Drive, Clearwater, FL 33761; phone: 727-725-3345; email: Diw@qte.net).
Presenter: Mark T. Parry, Planner II.
Mr. Parry reviewed the request. The 0.97-acre site, on the north side of Cleveland
Street, is approximately 500 feet west of North Myrtle Avenue. The site is a through lot with
frontage along Cleveland and Laura streets (south and north, respectively) and has been
developed with a 13,000 square-foot, three-story building constructed in 1933, and a 78-space,
Community Redevelopment Agency (CRA)-owned, public parking lot. Two driveways currently
provide access to the site with one driveway along the front (south) side of the site along
Cleveland Street and a second along the front (north) side of the site along Laura Street. The
existing building and parking spaces will be demolished with this proposal.
This application for Flexible Development approval is an amendment to a Flexible
Development application that was approved by the Community Development Board on January
20, 2004. That approved application included a request to permit a mixed-use development and
a building within the required sight visibility triangles along Laura Street, a reduction of the
required number of parking spaces from 388 spaces to 226 spaces, an increase in the permitted
height from 30 feet to 158 feet, and an increase of the permitted density from 61 dwelling units
to 146 dwelling units by using 85 dwelling units from the Clearwater Downtown Redevelopment
Plan area Public Amenities Incentive Pool, as a Comprehensive Infill Redevelopment Project,
under the provisions of Section 2-903.C and a Comprehensive Landscape Program to eliminate
the requirement to provide foundation plantings, under the provisions of Section 3-1202. G.
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The applicant is requesting changes to the approved plan to provide a development
more compatible with the surrounding neighborhood while fully meet Fire/Building Code
requirements with regard to the percentage of openings (windows and doors) on the east and
west facades of the building. The amendment constitutes an improved design of the building,
which also meets all applicable Fire/Building Codes.
Proposed amendments/changes to the request: 1) The number of required parking
spaces has decreased from 388 spaces to 229 spaces; 2) The number of proposed parking
spaces has decreased from 226 spaces to 196 spaces; 3) The height has increased from 158
feet to 165 feet (building height of 158 feet and a seven-foot parapet wall); 4) The number of
floors has increased from 13 to 15 (eight inches was removed from each floor, the first floor
mezzanine was eliminated, and seven additional feet of overall building height was added); 5)
The addition of balconies along the front (north) fa9ade along Laura Street which extend 50
inches into a public right-of-way; 6) The amount of non-residential floor area has decreased
from 15,000 square-feet to 10,000 square-feet; 7) The number of dwelling units has decreased
from 146 units to 126 units; and 8) The number of dwellings needed from the Public Amenities
Incentive Pool has decreased from 85 units to 62 units.
The remainder of the original request has not changed and includes: 1) A mixed used
development with residential and non-residential uses; 2) An increase of the permitted density
from 64 dwelling units to 126 dwelling units (by using 62 dwelling units from the Clearwater
Downtown Redevelopment Plan area Public Amenities Incentive Pool); 3) The provision of 100
public parking spaces; 4) A building within the required sight visibility triangles along Laura
Street; and 5) A Comprehensive Landscape Program to eliminate the requirement to provide
foundation plantings along the front (north and south) facades along Laura and Cleveland
Streets, respectively, under the provisions of Section 3-1202. G.
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The proposal includes a mixed-use development with 126 attached dwellings, 4,764
square-feet of retail sales and service and 5,355 square-feet of restaurant within a building 165
feet (building height of 158 feet and a seven foot parapet wall) in height. The building will be
located approximately two feet from the front (north) property line along Laura Street and within
the required sight visibility triangles on either side of each of the two driveways. The front
(north) fa98de of the building along Laura Street will include 27 balconies, each 50 square-feet
in area (10 feet in width by five feet in depth), which will extend 50 inches into the public right-of-
way. The lowest balcony level is approximately 55 feet above grade.
Structured parking will be provided within the first four floors of the building. There will
be 196 spaces provided for the residential and retail/restaurant uses, plus 100 unassigned
public parking spaces on the first, second, and a portion of the third garage levels (296 total
parking spaces). The total required parking for the residential and non-residential uses is 229
spaces, where 196 spaces will be provided. The existing driveway along Cleveland Street will
be removed with this proposal and one two-way driveway and one egress-only driveway located
along the north side of the building along Laura Street will provide access to the site and
building.
The proposal includes the implementation of landscaping on the site coordinated with
the City's Streetscape and Wayfinding Master Plan and the proposed Station Square Park
redevelopment. These projects are slated for installation between 2004 and 2006. The
landscape plan should enhance the aesthetics of the site.
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The main entrance to the building will be along Cleveland Street and includes a formal,
arched entrance, upscale and elegant in character. The south elevation also incorporates
colonnade elements with canopies. The proposed materials will be stucco and simulated
coquina with natural colors including Cottage Cream SW:2347 (light yellow) on the top two
floors, white/very light sand throughout the first three floors as an accent, Brassine SW:2352
(medium tan) on the lower two floor floors and a Biltmore Buff SW:2345 (medium earth tone) on
the main body of the building. The final design and color of the building will be consistent with
the conceptual elevations submitted to (or as modified by) the COB (Community Development
Board) and will be reviewed and approved by staff prior to the issuance of any building permits.
The design of the building steps back as elevation increases (at the second and fifth floors),
creating interesting elevations along the skyline and provides for a building which will blend in
with the existing scale of buildings along Cleveland Street. All four elevations will feature
canopies and awnings on the first to three floors (Cranberry Bog SW:2306 - dark red) and
balconies on the upper floors. The multiple levels of structured parking will be camouflaged by
the building design and hidden from view through the use of decorative grillwork.
The restaurant and retail components of the development will be accessed from
Cleveland Street. The restaurant will include an outdoor seating area with approximately 30
seats at the southwest corner of the site adjacent to Station Square Park. The restaurant and
retail spaces will be directly accessed via the sidewalk along Cleveland Street. The building is
22 feet narrower than the version previously approved resulting in an 30 foot wide, linear, public
pedestrian alley, located along the east side of the site with additional seats. Landscaping, to
be coordinated with the Master Streetscape plan, will be installed in this area. This pedestrian
alley will act as a linear park, providing a safe route between Cleveland and Laura streets and
constitutes an improvement over the previously approved site plan. The developer will provide
the City with a public right-of-way easement to ensure that the alley will remain open as a public
amenity for the life of the development. In addition, the revision also will allow up to 85
additional linear feet of retail storefront to be located on the east side of the building, further
contributing to an active streetscape.
Solid waste services will be provided via two roll-out dumpsters at the north side of the
site, along Laura Street. All stormwater requirements have been met with this proposal with the
site utilizing the payment in-lieu of option for retention and directing stormwater runoff to the
Town Lake.
A portion of the property currently occupied by 78-metered parking spaces is owned by
the CRA with the remainder of the property owned by Tone 40, Ltd. The CRA will enter into an
agreement with Tone 40 Ltd. for the sale of the portion of the property currently occupied by the
metered parking, subject to several conditions. The CRA subsequently will enter into an inter-
local agreement with the City Council, attesting to the fact that the buyer (Tone 40, Ltd.) will
abide by and develop the site in accordance with those conditions. In summary, the agreement
outlines the time frame by which the property must be sold and application for building permit
must be submitted. It also specifies the number of public parking spaces, dwelling units,
prohibited and allowed uses permitted on the site, public/private maintenance responsibilities of
the public parking spaces, and the time frame for which these conditions are applicable.
The increase in height above 30 feet is consistent with the Vision, Goals, Objectives and
Policies of the Clearwater Downtown Redevelopment Plan as outlined above, and is consistent
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with the criteria for a Comprehensive Infill Redevelopment Project. It also is consistent with the
intent and direction of the Design Guidelines currently under development. The Guidelines will
require structures taller than other buildings along Cleveland Street to incorporate stepbacks in
the building design. The building, above 30 feet, steps back a total of 63 horizontal feet at two
separate locations; the first stepback at approximately 35 feet in height is 17 feet and the
second stepback at approximately 55 feet in height is 46 feet. This constitutes a significant
improvement over the previously approved site plan that included two stepbacks, totaling 30
feet. The revised elevations provide for a building that more effectively will meet the intent of
the Downtown Design Guidelines, currently under development. In addition, the fa98de of the
building is further articulated by a series of planes accented by various architectural details,
including fenestration, awnings, and balconies.
The elimination of sight visibility triangles on the north side of the site and foundation
planting along the north and south sides of the building is needed to maintain and create the
desired build-to line along Cleveland and Laura streets. An adequate distance will be provided
between the edge of the building and the proposed sidewalk and the edge of the building and
Laura Street for visibility. The City's Traffic Engineer has found that the submitted site plan
improves the traffic flow compared to the originally approved plan. The Traffic Engineer will
work with the projects engineer to ensure that the walls within the sight visibility triangle are
designed such that they minimize visibility obstruction.
The lowest balconies along Laura Street are approximately 55 feet above grade and
provide adequate height clearance. The balconies extend 50 inches into the public right-of-way,
approximately 16 feet from the edge of curb.
It is anticipated that 196 provided parking spaces will adequately serve the site as the
retail and restaurant components are expected to generate significant walk-up traffic and the
100 public parking spaces also will serve these uses. All required parking for the residential
component will be provided on-site. In addition, almost 2,000 spaces are within the Downtown
Core Character District and within easy walking distance of the subject site. The City will
operate the 100 public parking spaces on the first three levels of the parking garage. The 189
parking spaces reserved for the dwelling units will be located on levels three through five,
accessible only to residents via a gate and card reader.
Seven parking spaces will be reserved for restaurant and retails uses on the first floor of
the parking garage, which will accommodate smaller delivery vans, such as those used by UPS,
Fed Ex, etc. Larger delivery vehicles are expected to park temporarily along Cleveland or Laura
streets, adjacent to the building.
The Development Review Committee reviewed the application and supporting materials
on June 10, 2004. The applicant has worked diligently with staff over the past several months
to provide an attractive, well-designed development that will enhance the local area and City as
a whole. The development will further the City's goals of improving the character of the area
and promoting private sector investment within the Downtown.
The Planning Department recommends approval of the Flexible Development
application to permit a mixed-use development and a building within the required sight visibility
triangles along Laura Street, balconies along the front (north) fac;ade along Laura Street, which
extend 50 inches into a public right-of-way, reduction of the required number of parking spaces
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from 229 spaces to 196 spaces, an increase in the permitted height from 30 feet to 165 feet
(building height of 158 feet and a seven foot parapet wall) and an increase of the permitted
density from 64 dwelling units to 126 dwelling units by using 62 dwelling units from the
Clearwater Downtown Redevelopment Plan area Public Amenities Incentive Pool, as a
Comprehensive Infill Redevelopment Project, under the provisions of Section 2-903.C and a
Comprehensive Landscape Program to eliminate the requirement to provide foundation
plantings, under the provisions of Section 3-1202. G. 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 2-903.C.; 2) The proposal is in
compliance with other standards in the Code including the General Applicability Criteria per
Section 3-913.; 3) The proposal is in compliance with the Vision, Goals, Objects and Policies of
the Clearwater Downtown Redevelopment Plan and the Downtown Core character district; and
4) The development is compatible with the surrounding area and will enhance other
redevelopment efforts. AND Conditions of Approval: (*Denotes conditions carried forward from
January 20, 2004 CDB meeting): 1) That this application be effective upon development
agreement approval by the Community Redevelopment Agency; * 2) That the permitted uses for
the first floor retail area include retail establishments that sell or lease goods directly to the
consumer such as a book store, gift shop, antique store, florist, clothing store, video store; an
art gallery; gourmet grocery store (which may include accessory sales of alcoholic beverages);
prepared food for off-site consumption, a restaurant with accessory sales of alcoholic
beverages, and a sidewalk cafe as accessory to the principal retail use; * 3) That the developer
shall actively market and use his best efforts to obtain tenants for the first floor retail space as
one or more of the allowable retail uses as described above. Should the developer be unable to
obtain an allowable retail use within one year of issuance of the temporary Certificate of
Occupancy for the retail space, the City may allow, upon written request of the Developer, one
or more alternate uses to occupy the first floor retail space; * 4) That the following uses be
prohibited: * a) All uses prohibited by the Clearwater Downtown Redevelopment Plan; * b) All
other retail uses not specifically defined by the Development Agreement as allowable retail uses
or alternate retail uses, pursuant to the Community Development Code's definition of retail sales
and service; * c) Nightclub/Bar; * d) Alcoholic Beverage Package Store; and * e) Medical or
Veterinary offices; * 5) That a minimum of 100 and a maximum of 126 dwellings units be located
on the site and that units less than 1,000 square feet in gross floor area be limited to 30 units
total (with no more than 10 less than 750 square feet); 6) That the project shall contain
approximately 10,000 square feet of allowable retail uses (as defined above) on the first floor; 7)
That a minimum of 100 parking spaces be made available to the public per the development
agreement; * 8) That the final design and color of the building be consistent with the conceptual
elevations submitted to (or as modified by) the CDB, and be approved by staff; * 9) That a
complete permit application including site plans be submitted within six months of the purchase
date; * 10) That construction must commence within 240 days of closing on the property; * 11)
That the Certificate of Occupancy be issued within 18 months of the issuance of building permit;
* 12) That all vehicles in the building be completely screened from view from the south and west
sides of the subject site; * 13) That a Transportation Impact Fee be paid, prior to the issuance of
a Certificate of Occupancy; * 14) That all Fire Department requirements be met, prior to the
issuance of any permits; * 15) That all Traffic Department requirements be met, prior to the
issuance of any permits; * 16) That payment in lieu of stormwater facilities by paid, prior to the
issuance of any permits; * 17) That a final landscape which matches and complements the
landscaping proposed for the Station Square Park redevelopment the Streetscaping Plan be
submitted to and approved by staff prior to the issuance of any permits; * 18) That a final
landscape plan for the west side of the Post Office site be submitted to and approved by staff
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prior to issuance of any permits, and including written permission by the Post Office; * 19) That
all signage meet the requirements of Code and be limited to attached signs on the canopies or
attached directly to the building and be architecturally-integrated with the design of the building
with regard to proportion, color, material and finish as part of a final sign package submitted to
and approved by staff prior to the issuance of any permits which includes: * 20) All signs fully
dimensioned and coordinated in terms of including the same color and font style and size; * 21)
All signs be constructed of the highest quality materials which are coordinated with the colors,
materials and architectural style of the building; * 22) That the furniture used for the outdoor
seating component of the restaurant will be of the highest quality and that no signage of any
kind will be included on any portion of the furniture including but not limited to the chairs, tables,
planters and/or umbrellas (and submitted as part of a separate sidewalk cafe application); * 23)
That a public right-of-way easement be granted for the pedestrian alley on the east side of the
site; 24) That all proposed utilities (from the right-of-way to the proposed building) be placed
underground. Conduits for the future undergrounding of existing utilities within the abutting
right(s)-of-way shall be installed along the entire site's street frontages prior to the issuance of a
Certificate of Occupancy. The applicant's representative shall coordinate the size and number
of conduits with all affected utility providers (electric, phone, cable, etc.), with the exact location,
size and number of conduits to be approved by the applicant's engineer and the City's
Engineering Department prior to the commencement of work; and 25) That all of the above
conditions are applicable and fully enforceable for the life of the building. * 26) That no balconies
extend into the public right-of-way; and 27) That awnings are to be provided along the rear of
the building, except where access and mechanical access exists.
In response to a question, Mr. Parry reviewed changes between this application and the
previously approved project for this site, to include fewer dwelling units, a narrower building,
fewer parking spaces, placement of the building 30 feet off the property to make room for a
pedestrian alley and tables, and an increase to the horizontal distance of the stepbacks. One-
hundred parking space still will be available for the public. Concern was expressed regarding
the proposal to locate balconies in the public right-of-way. It was stated the new design is
inferior to the one previously presented, with the upper portion now resembling a big box with
balconies, the west elevation resembling a big box with some windows, and the north elevation
lacking a pedestrian scale. Mr. Parry said awnings are planned for the first floor fayade on the
north elevation. In response to a question, Assistant Planning Director Lisa Fierce said
Downtown areas often lack visibility triangles and did not think the lack of visibility triangles on
this project would be a problem. Concern was expressed the project proposes to extend
balconies 50 inches into the public right-of-way.
Brian Murphy, Representative, said the lowest balcony proposed to protrude into the
north right-of-way is 55 feet in the air. He said awnings are planned for pedestrian traffic along
the north side of the building. The proposal includes a pedestrian access from Laura to
Cleveland streets. He said vehicular entrances have been relocated to Laura Street where the
right-of-way is wider. He said the building's design includes a bottom, middle, and top. The
public parking spaces will be separated from condominium owner spaces.
Mr. Murphy did not think it would be a problem to use air rights for balconies 55-feet in
the air. Concern was expressed Clearwater had never given up air rights to its right-of-way, not
matter how high. Ms. Fierce said awnings also hang over the right-of-way. Staff did not see
this issues as having a negative impact. Assistant City Attorney Leslie Dougall-Sides expressed
concern the City would be liable if something were dropped off a balcony, protruding into City
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right-of-way. In response to a suggestion, Mr. Murphy said he could increase the number of
awnings along the north side of the building. In response to a question, Architect John Langley
said horizontal bands will obstruct pedestrian's views of parking garage ramps on the east and
west elevations. Mr. Murphy said 42-inch walls will shield vehicles from sight. He wished to
explore the option of moving the building south 50 inches or cutting the balconies back into the
building, which would require no encroachment into the right-of-way.
Discussion ensued regarding the proposed location of the balconies. Mr. Parry said
while the Code does not permit balconies to extend over the right-of-way, the Code does not
prohibit that either.
In response to a question, Mr. Murphy said the proposal reduces the number of units
less than 1,000 square-feet in size from 36 to 20. He said smaller units allow more affordable
entry level pricing for younger buyers.
Member Plisko moved to approve Item #E1, Case FLD2004-05036 for 628 Cleveland
Street with Bases for Approval and Conditions of Approval as listed above. The motion was
duly seconded and carried unanimously. Alternate Board Member Dennehy did not vote.
It was recommended the new Downtown Design Guidelines address balconies. Staff
will work on a Code amendment to prohibit balconies in rights-of-way.
2. Case: FLD2004-05039 - 610 South Myrtle Avenue Level Two Application
Owner/Applicant: Religious Community Services (RCS), Inc.
Representative: F. Blake Longacre (c/o Corbett Development, 401 Corbett Street, Suite
110, Clearwater, FL 33756; phone 727-446-9000; fax 727-446-9050; e-mail:
slincoln@lacivil.com and fbldev@tampabav.rr.com).
Location: 2.79 acres located on south side of Turner Street and west of Myrtle Avenue.
Atlas Page: 295B
Zoning District: Commercial (C).
Request: Flexible Development approval to permit a mixed use development with reductions to
the front (east) setback along Myrtle Avenue from 25 feet to 15 feet (to pavement) and 21 feet
(to building) and the side (south) setback from 10 feet to five feet (to pavement), and a building
height increase from 25 feet to 59 feet from finished floor elevation (FFE) to roof midpoint, as a
Comprehensive Infill Redevelopment Project, under the provisions of Section 2-704.C.
Proposed Use: Mixed-use development with 48 attached dwellings, 2,757 square feet of retail
space and 1,600 square feet of restaurant space.
Neighborhood Associations: Prospect Towers Condominiums (David Perkins, President, 801
Chestnut Street, Clearwater, FL 33755; phone 727-447-5701); Clearwater Neighborhoods
Coalition (Doug Williams, President, 2544 Frisco Drive, Clearwater, FL 33761; phone: 727-725-
3345; email: Diw@qte.net).
Presenter: Michael H. Reynolds, AICP, Planner III.
The 2.79-acre overall site is on the west side of South Myrtle Avenue, south of Turner
Street. East Avenue and railroad tracks frame the west side of the site. The property, at the
south, fronts onto Druid Road. Near the middle of the property is Pine Street, intersecting with
South Myrtle Avenue. Presently, warehouse buildings are on site. All existing structures are to
be removed or demolished.
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The site has the potential to be pedestrian friendly with Downtown, located a short
distance away. Neighboring the site are offices, a church, a Head Start facility, and a single-
family residential neighborhood. To the west is the recently built Publix grocery store and
shops.
The applicant is proposing a mixed-use development comprising of 48 attached
residential dwellings, 2,757 square-feet of retail space, and 1,600 square-feet of restaurant
space. The site plan submittal proposed a well-landscaped plan. The site is designed to
include seven separate residential buildings with a total of 48 units and a restaurant and shops
building framing a courtyard. Within the courtyard is a clubhouse and swimming pool. The
residential buildings have three and four stories above parking (four buildings are three stories
and three buildings are four stories). The retail shops and restaurant building is two-stories in
height. The clubhouse building is designed to be a one-story building. The buildings have large
windows, some rectangular and some arched. There are 126 parking spaces provided on site,
with 94 located within garages. For the uses proposed, the required parking would be 110
spaces.
Building height, for the highest buildings proposed is 59.17 feet from finished floor to mid
point of the roof. The maximum density at this site would allow up to 66 dwelling units.
Vehicular access to the site is via South Myrtle Avenue only. Pedestrian access is by gate to
this proposed mixed-use site. A landscape plan is included within the site plan set.
.
The proposal is seeking Comprehensive Infill Redevelopment. The City Community
Development Code states that the dimensional controls for minimum lot area, lot width, building
height, and setbacks are not applicable. The site plan shows reductions to front, rear, and side
setbacks, and an increase in building height. The proposed setback reductions and the building
height increase are needed to make the design work. The swimming pool and club house,
especially as designed on site, help to make this project attractive as a livable community very
close to downtown Clearwater.
The Development Review Committee reviewed the application and supporting materials
at its meeting on July 8, 2004. The Planning Department recommends approval of the Flexible
Development application to permit a mixed use development with reductions to the front (east)
setback along Myrtle Avenue from 25 feet to 15 feet (to pavement) and 21 feet (to building), the
side (south) setback from 10 feet to five feet (to pavement), the rear setback of 20 feet to 10 feet
(to pavement) and a building height increase from 25 feet to 59.17 feet from finished floor
elevation (FFE) to roof midpoint, as a Comprehensive Infill Redevelopment Project, under the
provisions of Section 2-704.C 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 2-704.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. AND Conditions of Approval: 1) That a minor lot adjustment, consistent with the lot
layout as proposed by the site plan, be approved by the City and recorded at Pinellas County,
prior to any building permit issuance; 2) That the final design and color of the building be
consistent with the conceptual elevations submitted to, or as modified by, the CDB; 3) That all
Fire Department requirements be met prior to the issuance of any permits; 4) That prior to
building permit issuance, all Recreation Land and Recreation Facility impact fees are due for the
48 residential units (If there is a decrease to the building coverage from 53,809 square-feet to
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28,737 square-feet, the Open Space impact fee will not apply.); 5) That a report including a soil
boring with seasonal high water determination and percolation rates, signed and sealed by a
Professional Engineer, be provided prior to building permit issuance; 6) That a SWFWMD
(Southwest Florida Water Management District) Permit or Letter of Exemption be submitted
prior to building permit issuance; 7) That a copy of the utility easement for sanitary pipeline
proposed along the south boundary of the project be provided prior to building permit issuance;
8) That an irrigation plan, designed to the satisfaction of Planning staff, be provided prior to
building permit issuance; 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 condominium plat be recorded with Pinellas County prior to the first Certificate of
Occupancy; 11) That Traffic Impact Fees are to be assessed and paid prior to the first
Certificate of Occupancy; and 12) That all signage meet Code and be architecturally integrated
into the design of the site and/or buildings.
Planning Manager Frank Gerlock reported two recommended conditions are duplicates
and amended the list of Conditions of Approval to delete one.
This project's property owner and developer were commended for this proposal, which will
enhance the City.
See page 29 for the motion.
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3. Level Two Application
Case: FLD2004-02011/PL T2004-00007 - 2520 Sunset Point Road
Owner/Applicant: Global Financial Investments, LLC (FKA: Corporate Properties, LLC)
and George E. Clark Investments, LTD.
Representative: Jayson T. Kmiec, P.E., Avid Engineering, Inc. (2300 Curlew Road, Suite
100, Palm Harbor, Florida 34683; phone: 727-789-9500; fax: 727-784-6662; e-mail:
ikmiec@avidenq.com).
Location: 26.384 acres located on the northwest side of Sunset Point Road and US
Highway 19 N and approximately 400 feet east of East Skyline Drive.
Atlas Page: 254B
Zoning District: Mobile Home Park (MHP) and Medium Density Residential (MDR)
(pending LUZ2003-1 0011)
Request: Flexible Development approval with reduction of the front (west) setback along
Lawson Road from 25 feet to 14 feet (to building), from 25 feet to 10 feet (to pavement),
reductions to front (east) setback along Lawson Road from 25 feet to seven feet (to patios),
from 25 feet to 11 feet to (building) and from 25 feet to 10 feet (to pavement), a reduction of the
front (north) setback along Blackburn Street from 25 feet to eight feet (to pavement), and
reductions to a landscape buffer from 10 feet to seven feet (to patios) along the east side of
Lawson Road, from 10 feet to six feet (to pavement) along the west side of Lawson Road, and
from 10 feet to eight feet (to pavement) along the north side of Blackburn Street, as a
Residentiallnfill Project, under the provisions of Section 2-304.G. and Preliminary Plat approval
for 281 lots, and as a Comprehensive Landscape Program, under the provisions of Section 3-
1202.G.
Proposed Use: A residential development of 281 attached dwellings.
Neighborhood Associations: Sunset Lake Estates (Gene Britten, 2520 Sunset Point Road, #86,
Clearwater, FL 33763; phone 727-799-1917); Clearwater Neighborhoods Coalition (Doug
Williams, President, 2544 Frisco Drive, Clearwater, FL 33761; phone: 727-725-3345; email:
Diw@qte.net).
Presenter: Michael H. Reynolds, AICP, Planner III.
The 26.384-acre site is located on the northwest side of Sunset Point Road and US
Highway 19 N, approximately 400 feet east of East Skyline Drive. There are 192 existing
mobile homes located on this site. Onsite, many of the mobile homes are in a deteriorated
condition with poorly maintained landscaping. Wetlands and ponds are located at the north and
south sides of this site.
The heavily traveled US Highway 19 N frames the site area to the south and the east.
Power lines frame the western border of the site. Lawson Road runs north and south through
the site, interconnecting the property with Sunset Point Road. The intersection of Lawson Road
and Sunset Point Road is potentially dangerous, as Lawson, a narrow road, feeds traffic
eastbound and westbound onto Sunset Point Road and to a large shopping center with a Publix
grocery store and a Barnes & Noble bookstore. Blackburn Street runs east to west, from US
Highway 19 N into the site. Lawson Road has a poor roadway surface, consisting of numerous
asphalt patches, from the intersection of Haas Road northbound to where the site ends at the
north.
Access to the site is from Blackburn Street and Lawson Road. In addition to the mobile
homes, some land uses within the northwest corner of US Highway 19 N and Sunset Point
Road include a jewelry store, restaurant, barber shop, beautician, lounge, card shop, gas
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station, electronics store, copy center, and amusement facility (Celebration Station). Two
commercial sites access onto Lawson Road from the east. A land use mix of mobile homes,
multi-family residential, single-family residential, and commercial uses surround this site.
The applicant proposes preliminary plat and site plan approval for 281 multi-family
residential units, where the allowed density would permit up to 305 residential units. The
proposed site will be comprised of a community of two-story residential buildings, ranging in size
from four- to eight attached units. The buildings are designed to have large windows, pitched
rooflines, and arched ground level entryways. The site plan shows a swimming pool and
cabana building at the southern part of the site. The site plan shows a proposed sidewalk
system, both internal to the site and connecting to Sunset Point Road, just north of the Sunset
Point/Lawson Road intersection. The site design is sensitive to the wetlands on site, with a
proposed south pond retention area of 1.98 acres and a proposed north pond retention area of
1.14 acres. A wetland mitigation plan and monitoring and maintenance plan are part of the
overall site plan set.
This very large-scale residential project brings an opportunity to improve the appearance
and function of the northeast side of the City. It is an opportunity to bring good building design,
provide additional housing, protect environmentally sensitive land, and introduce landscaping.
This project can help toward making a safe city by improving the condition of Lawson Road and
the Lawson Road intersection at Sunset Point Road.
The application is seeking six front setback reductions to fit the proposed 281 unit
attached residential development. The setbacks are necessary for the plan to fit parking, some
residential units, and some patio space.
The Development Review Committee reviewed the application and supporting materials
on May 6, 2004 and July 8, 2004. The Planning Department recommends approval of the
Flexible Development application with reduction of the front (west) setback along Lawson Road
from 25 feet to 14 feet (to building), from 25 feet to 10 feet (to pavement), reductions to front
(east) setback along Lawson Road from 25 feet to seven feet (to patios), from 25 feet to 11 feet
to (building) and from 25 feet to 10 feet (to pavement), a reduction of the front (north) setback
along Blackburn Street from 25 feet to eight feet (to pavement), and reductions to a landscape
buffer from 10 feet to seven feet (to patios) along the east side of Lawson Road, from 10 feet to
six feet (to pavement) along the west side of Lawson Road, and from 10 feet to eight feet (to
pavement) along the north side of Blackburn Street, as a Residential Infill Project, under the
provisions of Section 2-304.G. and Preliminary Plat approval for 281 lots, and as a
Comprehensive Landscape Program, under the provisions of Section 3-1202.G, and Preliminary
Plat approval for 281 lots, with the following bases and conditions: Bases for Approval: 1) The
proposal complies with the Flexible Development criteria as a Residentiallnfill Project per
Section 2-304.G; 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 no building permits be issued until recording of the final plat with Pinellas County; 2) That
rest rooms be provided at the swimming pool and that a site plan revision indicate same, prior to
building permit issuance; 3) That the site plan be revised prior to building permit issuance to
show a tot lot or playground at the swimming pool area; 4) That the landscape plan be revised
to the satisfaction of Planning staff and submitted prior to building permit issuance; 5) That
Open Space, Recreation Land and Recreation Facility impact fees be satisfied prior to the
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issuance of building permits or final plat, whichever occurs first; 6) That a copy of the SWFWMD
permit or letter of exemption and a NPDES Notice of Intent be provided prior to building permit
issuance; 7) That all Fire Department requirements be addressed prior to building permit
issuance; 8) That a stormwater analysis indicating the overflow path from the North Borrow Pit
be provided (if the overflow interferes with South Retention Area and Wetland Number 2
discharge that revisions be designed) prior to building permit issuance; 9) That a copy of the
approved DEP permits for sanitary sewer extension installation and potable water service be
provided prior to building permit issuance; 10) That a copy of the approved DOT right-of-way
permit be provided prior to building permit issuance; 11) That an ingress/egress sidewalk
easement of the north drive connecting to US Highway 19 N through an out parcel be provided
prior to building permit issuance; 12) That no building permits be issued until vacation of the
north portion of Lawson Road where two buildings are proposed; 13) That all data for the
proposed sanitary sewer main be provided prior to building permit issuance; 14) That prior to
building permit issuance, the applicant is to mitigate traffic impacts to provide a level of service
acceptable to the City of Clearwater Traffic Operations Manager on Lawson Road and at the
intersection of Lawson and Sunset Point Road (At a minimum, these improvements are to
include providing a third lane approximately 420-feet in length at the south end of Lawson Road
and providing or making a payment in lieu of equipment to upgrade signalization of the
intersection of Lawson Road and Sunset Point Road in accordance with FDOT standards); 15)
That Lawson Road and Blackburn Street be improved to City Standards prior to Certificate of
Occupancy; 16) That Lawson Road be improved prior to construction if it is to facilitate
construction equipment access; 17) That a Traffic Impact Fee be determined by staff and be
paid prior to Certificate of Occupancy issuance; 18) 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; 19) That the final design and color of the building be consistent with the
conceptual elevations submitted to, or as modified by, the CDB; and 20) That all signage meet
Code and be architecturally integrated into the design of the site and/or buildings.
This project's property owner and developer were commended for this proposal, which will
enhance the City.
See page 29 for the motion.
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4. Pulled from Consent Agenda
Case: FLD2004-05033 - 619 South Gulfview Boulevard Level Two Application
Owner/Applicant: William M. Shephard Trustee and Lagoon Resort Motel.
Representative: Bill Woods, Woods Consulting, Inc. (322 Ridge Road, Palm Harbor, FL
34683: phone: 727-786-5747; fax: 727-786-7479; email:
billwoods@woodsconsultinq.orq).
Location: 2.366 acres located on the south side of South Gulfview Boulevard,
approximately 500 feet east of Hamden Drive.
Atlas Page: 285A.
Zoning District: Tourist (T).
Request: Flexible development approval for the construction of a 227.5 square-foot addition
(previously constructed without permit) to an existing 2,775 square-foot commercial dock, under
the provisions of Section 3-601.
Proposed Use: Addition to an existing dock for Shepard's.
Neighborhood Associations: Clearwater Beach Association (David MacNamee, 827 Mandalay
Ave., Clearwater, FL 33767; phone: 727-446-5801; email: dmacnav@att.net); Clearwater
Neighborhoods Coalition (Doug Williams, President, 2544 Frisco Drive, Clearwater, FL 33761;
phone: 727-725-3345; email: Diw@qte.net).
Presenter: Wayne M. Wells, AICP, Planner III.
Planner Wayne Wells reviewed the request. The 2.366-acre site, on the south side of
South Gulfview Boulevard, is approximately 500 feet east of Hamden Drive. The site is located
within the South Beach/Clearwater Pass District of Beach By Design, which is a distinctive area
of mixed uses, including high rise condominiums, resort hotels and commercial uses. Beach By
Design contemplates this District will be an area of strategic revitalization and renovation in
response to improving conditions on the balance of Clearwater beach.
This proposal is for the after-the-fact approval of a 227.5 square-foot deck addition to an
existing 2,775 square-foot commercial dock at the Shephard's Lagoon Resort. The owners are
under enforcement action from FDEP (Florida Department of Environmental Protection) and are
bringing forward this request to bring the dock into conformance with City regulations.
Commercial docks must be approved as part of a Level Two, Flexible Development review. The
227.5 square-foot dock addition filled in an approximate 12-foot by 20-foot gap or indentation on
the west side of the dock. This dock is primarily over sand, acting more as a deck than a dock,
as no boats can moor at this structure, but is waterward of the seawall. This dock (deck) is
used as an outdoor entertainment area where bands play, and features vertical shade
structures to shield band members from the elements.
The width of the property as measured at the shoreline is 363 feet. A minimum side
setback of 36.3 feet is required for the dock. The overall existing dock is located approximately
120 feet from the east property line and 185 feet from the west property line, as extended into
the water. Code dock provisions limit the width of docks to a maximum of 75% of the lot width,
or 272 feet in this case. The proposed overall dock width is 16% of the lot width (58 feet). Code
provisions restrict dock length to a maximum of 75% of the lot width, or 272 feet in this case.
The existing dock extends 50 feet from the seawall.
Since this overall upland property is legally described as a number of platted lots, or
portions of unplatted land, a Unity of Title must be recorded tying this land together as one lot
for development purposes. Due to many instances of banners, pennants, balloons, and other
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non-permitted signs being erected on this dock, the City's Code enforcement staff has
. requested a condition be included prohibiting the placement of these signs on this dock.
All applicable Code requirements and criteria, including but not limited to General
Applicability criteria (Section 3-913) and dock criteria (Section 3-601.C.3), have been met.
The Development Review Committee reviewed the application and supporting materials
on July 8, 2004. The Planning Department recommends approval of the Flexible development
approval for the construction of a 227.5 square-foot addition (previously constructed without
permit) to an existing 2,775 square-foot commercial dock, under the provisions of Section 3-
601, for the site at 619 South Gulfview Boulevard, 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 the surrounding area. AND Conditions of Approval: That a Unity of Title be
recorded tying all parcels together prior to Planning Department's signoff on permit applications
or within 30 days of CDB approval, whichever occurs first; 2) That signage meet City Code; and
3) That a copy of the SWFWMD (Southwest Florida Water Management District) and/or FDEP
(Florida Department of Environmental Protection) Permit, USACOE (United States Army Corps
of Engineers) Permit, and Submerged Land Lease be submitted to the Planning Department.
Terry Skapik, Representative, said Shephard's needs to obtain a submerged land lease
from FDEP for the filled-in portion of the dock. She reviewed steps Shephard's has taken to meet
FDEP requirements. In response to a question, Ms. Skapik said the original design of the dock
had an inappropriate opening. Shephard's was unaware of permitting requirements when they
filled in the opening. The City of Clearwater and County must approve the dock before FDEP and
USACOE can issue permits.
.
Tim Kelbaugh, Representative, expressed concern condition language related to signage
is too stringent. Discussion ensued with Ms. Fierce offering alternative language. Ms. Dougall-
Sides said failure to comply with the condition related to signage would revoke the City's approval
of the deck. It was recommended language related to required permits be amended.
Member Doran moved to approve Item E4, Case: FLD2004-05033 - 619 South Gulfview
Boulevard, with Bases for Approval and Conditions of Approval as listed above. The motion
was duly seconded and carried unanimously. Alternate Board Member Dennehy did not vote.
.
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5 Level Three Application
Case: LUZ2004-05004 - 2995 Drew Street (Related to REZ2004-05001 and FLD2004-
05034/PL T2004-00006)
Owner/Applicant: Clearwater Housing Authority.
Representative: Michael English, Wilson Miller (1101 Channelside Drive, Suite 440N,
Tampa, FL 33602; phone: 813-223-9500: fax; 813-223-0009; email:
michaelenq lish@wilsonmiller.com).
Location: 2.7-acres located at the southwest corner of Drew Street and Bayview Avenue;
Drew Street, approximately 1,200 feet west of McMullen-Booth Road.
Atlas Page: 291 B.
Request:
a) Small Scale Land Use Plan amendment from the Residential Urban (RU) Classification to the
Residential/Office/Retail (R/O/R) Classification and
b) Rezoning from the Low Medium Density Residential (LMDR) District to the Commercial (C)
District.
Proposed Use: Mixed Use (Commercial and Residential).
Neighborhood Associations: Island in the Sun MHP Association (John Bank, President, 100
Hampton Road, Lot 174, Clearwater, FL 33759; phone: 727-799-7711; email:
rfnewman@qte.net or inh32@earthlink.net); Clearwater Neighborhoods Coalition (Doug
Williams, President, 2544 Frisco Drive, Clearwater, FL 33761; phone: 727-725-3345; email:
Diw@qte.net).
Presenter: Gina Clayton, Long Range Planning Manager.
This Future Land Use Plan (FLUP) amendment and rezoning application involves 2.7-
acres of a 39.79-acre parcel owned by CHA known as Jasmine Courts. A total of 284 attached
dwelling units currently exist at Jasmine Courts and 11 of those units are located on the subject
site. The property has a FLUP designation of Residential Urban (RU) and a zoning
classification of Low Medium Density Residential (LMDR). The applicant is seeking to amend
the FLUP designation of the subject site to the Residential/Office/Retail (R/O/R) category and to
rezone it to the Commercial (C) District in order to redevelop this portion of the Jasmine Courts
property (2.7 acres) with a mix of commercial and residential uses.
According to the CHA, Jasmine Courts is dated and no longer meets the needs of
existing residents. In order to provide a quality living environment, the CHA proposes to
redevelop the property as a traditional neighborhood with mixed land uses, including
neighborhood retail and office uses, a variety of housing styles and price ranges, subsidized
and market-rate units and an accessory daycare center, community center, clubhouse and
recreation areas. This FLUP amendment and rezoning request will enable the construction of
the mixed-use component of the proposed Jasmine Courts redevelopment (known as Parkview
Village). Companion applications have been submitted for a rezoning of the remaining 37.09-
acres of the Jasmine Courts property, as well as the site plan and plat for the entire 39.79-acre
parcel (see companion cases REZ2004-05001 and FLD2004-05034/PL T2004-00006).
In accordance with the Countywide Plan Rules, the land use plan amendment is subject
to approval by the Pinellas Planning Council and Board of County Commissioners acting as the
Countywide Planning Authority. Based on the acreage and density involved in this plan
amendment, review and approval by the Florida Department of Community Affairs is not
required.
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An amendment to the FLUP from the RU category to the R/O/R category and a rezoning
from the LMDR District to the Commercial District for the subject property is requested in order
to redevelop the site with multi-family, retail and office uses. The neighborhood is surrounded
by a park and recreation use (Eddie C. Moore Park) to the north; a vacant site soon to
developed as the Calvary Baptist Church campus to the east; mobile home park uses to the
north and south; and a RV park to the south.
The proposed R/O/R FLUP classification and commercial zoning district are consistent
with both the City and the Countywide Comprehensive Plans, is compatible with the surrounding
area, does not require nor affect the provision of public services, is compatible with the natural
environment and is consistent with the development regulations of the City.
The Planning Department recommends approval of: 1 )Amend the Future Land Use Plan
designation of 2995 Drew Street from the Residential Urban (RU) category to the
Residential/Office/Retail (R/O/R) category, and 2) Amend the zoning district designation of 2995
Drew Street from the Low Medium Density Residential (LMDR) District to the Commercial (C)
District.
It was commented that the application package is impressive and a great example.
See page 29 for the motion.
6. Level Three Application
Case: REZ2004-05001 - 2995 Drew Street (Related to LUZ2004-05004 and FLD2004-
05034/PL T2004-00006)
Owner/Applicant: Clearwater Housing Authority.
Representative: Michael English, Wilson Miller (1101 Channelside Drive, Suite 440N,
Tampa, FL 33602; phone: 813-223-9500: fax; 813-223-0009; email:
michaelenqlish@wilsonmiller.com).
Location: 37.09-acres located at the southwest corner of Drew Street and Bayview
Avenue, approximately 1,200 feet west of McMullen-Booth Road.
Atlas Page: 291 B.
Request: Rezoning from the Low Medium Density Residential (LMDR) District to the Medium
Density Residential (MDR) District.
Proposed Use: Single-family and multi-family residential.
Neighborhood Associations: Island in the Sun MHP Association (John Bank, President, 100
Hampton Road, Lot 174, Clearwater, FL 33759; phone: 727-799-7711; email:
rfnewman@qte.net or inh32@earthlink.net); Clearwater Neighborhoods Coalition (Doug
Williams, President, 2544 Frisco Drive, Clearwater, FL 33761; phone: 727-725-3345; email:
Diw@qte.net).
Presenter: Gina Clayton, Long Range Planning Manager.
This rezoning application involves 37.09-acres of a 39.79-acre property owned by the
CHA, known as Jasmine Courts. The subject site is located at the southwest corner of Drew
Street and Bayview Avenue, approximately 1,200 feet west of McMullen-Booth Road. The
property has a Future Land Use Plan (FLUP) designation of Residential Urban (RU) and a
zoning classification of Low Medium Density Residential (LMDR). The applicant is seeking to
rezone the property to the Medium Density Residential (MDR) District in order to redevelop the
site with detached and attached dwelling units. A total of 283 attached dwelling units are
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presently located at Jasmine Courts and 273 of those units are located on the subject site. The
zoning in effect when Jasmine Courts was developed permitted attached dwellings but the
current LMDR District does not.
According to the CHA, Jasmine Courts is dated and no longer meets the needs of
existing residents. In order to provide a quality living environment, the CHA proposes to
redevelop the property as a traditional neighborhood with mixed land uses, a variety of housing
styles and price ranges, subsidized and market-rate housing units and an accessory daycare
center, community center, clubhouse and several recreation areas. The applicant is requesting
to rezone the subject site (37.09 acres) from the LMDR District to the MDR District to facilitate
such redevelopment. The rezoning will not increase the maximum allowable development
potential of these 37.09 acres, but will allow the construction of both detached and attached
dwelling units.
A companion application has been submitted for a FLUP amendment and rezoning for
the remaining 2.7 -acres of the Jasmine Court property in order to permit the development of
mixed land uses on that portion of the site (see case LUZ2004-05004). A companion
application has also been submitted for the site plan and plat approval for the entire 39.79-acre
parcel (refer to companion case FLD2004-05034/PL T2004-00006).
An amendment of the zoning atlas from the LMDR District to the MDR District for the
subject site is requested. The property exceeds the minimum requirements for attached and
detached dwellings and is surrounded by mobile home parks to the west and south, a RV Park
to the south, a park and recreation facility to the north and proposed institutional uses to the
west. The proposed rezoning will be compatible with the existing neighborhood and is
. compatible with the existing land use category.
The proposed MDR District is consistent with the City Comprehensive Plan, is
compatible with the surrounding area, does not conflict with the needs and character of the
neighborhood and City, does not require nor affect the provision of public services and the
boundaries are appropriately drawn.
Based on its analysis, the Planning Department recommends approval of amending the
zoning atlas designation of 2995 Drew Street from the Low Medium Density Residential (LMDR)
District to the Medium Density Residential District (MDR).
See page 29 for the motion.
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7. Level Two Application
Case: FLD2004-05034/PL T2004-00006 - 2995 Drew Street (Related to REZ2004-05001
and LUZ2004-05004)
Owner/Applicant: Clearwater Housing Authority.
Representative: Michael English, Wilson Miller (1101 Channelside Drive, Suite 440N,
Tampa, FL 33602; phone: 813-223-9500: fax: 813-223-0009; email:
michaelenqlish@wilsonmiller.com).
Location: 39.793-acres located at the southwest corner of Drew Street and Bayview
Avenue, approximately 1,200 feet west of McMullen-Booth Road.
Atlas Page: 291 B.
Zoning District: Existing: Low Medium Density Residential (LMDR); Proposed: Medium
Density Residential (MDR) and Commercial (C) (pending LUZ2004-05004/REZ2004-
05001 ).
Request: Flexible Development approval (1) to permit a mixed use development (nonresidential
and attached dwellings) in the proposed Commercial (C) District with a reduction to the front
(internal proposed streets) setback from 25 feet to zero feet (to building and pavement) and an
increase to building height from 25 feet to 50 feet, as a Comprehensive Infill Redevelopment
Project, under the provisions of Section 2-704.C, and (2) (a) to permit attached dwellings in the
proposed Medium Density Residential (MDR) District with a reduction to the front (north - Drew
Street) setback from 25 feet to 22 feet (to balconies), reductions to the front (east - Bayview
Boulevard) setback from 25 feet to 15 feet (to pavement) and from 25 feet to 22 feet (to
dumpster enclosure), reductions to the front (internal proposed streets) from 25 feet to 10 feet
(to building and pavement), an increase to building height from 30 feet to 50 feet and a deviation
to reduce the height of fence or wall from four feet to three feet to screen parking from adjacent
parcels or street rights-of-way, and (b) to permit detached dwellings with a reduction to lot area
from 5,000 square feet to 4,600 square feet, a reduction to lot width from 50 feet to 40 feet, a
reduction to the front (internal proposed streets) setback from 25 feet to 16 feet (to building) and
from 25 feet to 10 feet (to building - corner lots), a reduction to the side setback from five feet to
zero feet (to building and pavement) and a deviation to allow the reduced lot area and width for
new lots, as a Residentiallnfill Project, under the provisions of Section 2-304.G, (3) a
Preliminary Plat for 25 attached dwelling (town home ) lots and 67 detached dwelling (zero-Iot-
line) lots with a reduction to the right-of-way width for local public streets from 60 feet to 50 feet
and (4) the vacation of the Tanglewood Drive and Sandlewood Drive rights-of-way and
easements on the subject property.
Proposed Use: A mixed-use development of 295 total dwelling units (including 67 detached
dwellings and 228 attached dwellings), 30,000 square feet of retail use, 5,000 square-foot
accessory day-care center, 22,000 square-foot accessory community center and 5,450 square-
foot clubhouse.
Neighborhood Associations: Island in the Sun MHP Association (John Bank, President, 100
Hampton Road, Lot 174, Clearwater, FL 33759; phone: 727-799-7711; email:
rfnewman@qte.net or inh32@earthlink.net); Clearwater Neighborhoods Coalition (Doug
Williams, President, 2544 Frisco Drive, Clearwater, FL 33761; phone: 727-725-3345; email:
Diw@qte.net).
Presenter: Wayne M. Wells, AICP, Planner III.
The approximately 40-acre site is located at the southwest corner of Drew Street and
Bayview Avenue. The property was developed in 1972 with a public housing project (currently
known as Jasmine Court, formerly Condon Gardens) containing 146 single-story buildings that
Community Development 2004-08-17
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contain a total of 284 dwelling units. The property is owned and operated by the Clearwater
. Housing Authority (CHA).
There are two existing public streets within the development (Tanglewood and
Sandlewood Drives). The site is at a lower elevation than the surrounding area, as it originally
was excavated to supply fill for the construction of the Courtney Campbell Causeway. There
are many existing trees on site. Several public agencies and non-profit organizations are also
housed in eight additional structures within the development including: Head Start, Boys and
Girls Club, Family Support Services, Neighborhood Family Center, Community Growth
Development and Partners in Self-Sufficiency.
The proposal is to raze completely and redevelop the property into a new traditional
neighborhood development named Parkview Village. This new mixed-use "livable" community
will offer a broad range of affordable housing opportunities and supporting amenities. The
application is being processed as a combined Comprehensive Infill Redevelopment Project
(mixed use in the Commercial District with reduced setbacks and increased building height) and
Residential Infill Project (variety of residential uses with reduced lot area, widths and setbacks
and screening wall). A preliminary plat application is also included, as well as a request to
vacate existing internal, public streets.
All residents of Jasmine Courts will be temporarily relocated to appropriate living
quarters with Section 8 Housing Vouchers. They will be given the opportunity to return to
Parkview Village or relocate elsewhere. The proposal will provide dwellings for mixed-income,
affordable rental and owner-occupied units. Households are typically single-parent with two to
five children.
.
A companion land use plan amendment application and rezoning application are being
considered with this site plan/plat application (refer to LUZ2004-05004 and REZ2004-05001).
These applications will provide for Commercial zoning/Residential/Office/Retailland use on 2.7
acres at the Drew Street entrance leading to the Medium Density Residential zoning on 37
acres. This application is contingent upon final approval of the land use and rezoning
applications.
The proposal includes one main entry on Drew Street and one on Bayview Avenue. An
existing median opening along Drew Street is proposed to be relocated to accommodate full
access. This relocation has already been approved by the MPO (Metropolitan Planning
Organization). The proposal includes one-, two- and three-story buildings in a formalized grid
pattern. The three-story (live/work) buildings will flank the main entry from Drew Street,
consisting of 30,000 square-feet of ground-floor retail/office space and 40 townhome-style
dwellings above the commercial. West of this mixed-use area, along Drew Street and the
western side of the northern portion of the property, two-story residential buildings are planned
for town home-style and apartment flat units (38 total dwelling units). East of this mixed-use
area, along Drew Street and along most of Bayview Avenue, two- and three-story residential
buildings are planned for town home-style and apartment flat units (101 total dwelling units).
South of this mixed use area is a community center. West of the community center is a
proposed day care center, while east of the community center is a planned clubhouse.
Internally, to the southwest and southeast of the community center building, are two, two-story
fee simple town home-style attached dwelling buildings (seven units to the southwest; 12 units to
the southeast). In the southeast corner of the property adjacent to Bayview Avenue a two-story,
.
Community Development 2004-08-17
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.
fee simple townhome-style attached dwelling building of six units is proposed. The balance of
the western and southern boundaries are proposed for 67 detached dwellings lots of varying lot
widths, designed in a zero-lot-line configuration. The total number of proposed dwellings is 295.
The live/work commercial buildings and front sidewalk will be built at a zero setback
intended to create a traditional "build to" line at the entry street. The buildings will be three
stories and built to a height of a maximum of 50 feet.
The main entry off Drew Street terminates at a formal lake with entry plaza and
community center. This is centrally located for all residents. The 22,000 square-foot community
center will be designed and programmed to offer lifestyle amenities to residents of this
development only. These include after-school activities, Boys and Girls club, sports, tutoring,
and self-sufficiency programs. The center will house an indoor pool and gymnasium and
administrative offices for its operation. A 5,000 square-foot daycare center will be located to the
southwest of the entry and west of the community center. The facility will be owned/maintained
by CHA and leased to Head Start to operate. It will provide child care service to Parkview
Village residents only. A 5,450 square-foot clubhouse/pool complex will serve the apartment
segment of the community. It will contain the leasing office, located just southeast of the
commercial entry area.
.
A jogging path, dog park, village pond and pocket parks are incorporated into the site.
Picnic shelters overlooking the north side of the village lake are proposed as an amenity for
residents. Centralized mail kiosks are proposed in the southeast corner of the property off
Bayview Avenue and northwest of the day care center. Sidewalks are provided along Drew
Street and Bayview Avenue and internal to the site. Decorative pavement will be provided at key
crosswalk locations throughout the development to aid in traffic calming. Centralized compactor
dumpsters are proposed for the commercial and rental attached dwelling areas. Townhome lots
and detached dwellings will have black barrel trash service. An existing bus shelter on Drew
Street east of Tanglewood Drive will be relocated to the east side of the main entry roadway. A
bus shelter is proposed north of the roadway entrance on Bayview Avenue.
The proposal includes a request to reduce the required lot width for the detached
dwellings lots from 50-foot wide to 40-foot wide, and to reduce the required lot area from 5,000
square feet to 4,600 square feet. This proposal includes a deviation to allow these lot widths for
these new lots, as Code criteria provide only for existing lots of record. The basis for these
reductions lies in both the traditional neighborhood design concept and the applicant's goal of
making this an affordable housing community. The relatively small lots of varying widths (40,
45, 50, 54 and 60 feet) provides flexibility in site planning and provides for lot costs of different
price levels with corresponding home prices. The flexibility in site planning permits lots and
homes of different sizes to be mixed together, which is essential to blending family income
levels in a single community. The smaller lots sizes (40 and 45 feet wide) produce a quality yet
affordable home for first-time homebuyers and those at or near the bottom of mortgage-
qualifying ranges. These detached dwelling lots are all designed fronting on a public street with
vehicular access via alleys on the rear of the lots. The lots will have 16-foot front setbacks, 10-
foot side setback on one side and zero-foot setback on the other side and 25-foot rear setback
for the main structure and a 16-foot rear setback for accessory structures. The placement of the
dwelling on one side lot line (zero-lot-line) produces more usable land area for the homeowner.
The wall on the side property line with the zero setback will not have any openings except
clerestory windows (high windows to provide privacy to/from adjoining property owners).
.
Community Development 2004-08-17
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.
.
.
In terms of parking, each detached dwelling will have two off-street parking spaces via
attached and detached garages. These are accessible via alleys to the rear of the dwelling.
The 25 fee-simple, platted town homes will also have attached garages for two off-street spaces
via alley access. The rental town homes and apartments on the northern and eastern portions of
the site will have surface parking, with the exception of the townhomes combined with the
apartment flats on the east side where one car garages are planned. Two parking spaces are
being provided for each apartment/townhome (Code only requires 1.5 parking spaces per unit).
The commercial area (including the proposed accessory day care center) is being provided
parking at the rate of five spaces per 1,000 square feet. A total of 480 parking spaces are
required for the commercial uses and the rental townhomes and apartments. In addition to the
34 on-street parking spaces between the two mixed-use buildings at the main entrance on Drew
Street and 40 spaces on the south side of the community center, a total of 557 spaces are being
provided. Additionally (beyond the 34 spaces mentioned previously), there are 240 on-street
parallel parking spaces being provided within the rights-of-way of the proposed public streets.
CHA will be responsible for the maintenance of and upkeep of all common areas
including the community center, parks, rental community, live/work space, alleys, parking areas
for the rental area and community center and the day care center.
The landscape plan exceeds the requirements of Code. This includes a mixture of
various trees, shrubs, palms and annuals. The proposal includes extensive landscaping along
all street frontages and interior landscaping which will exceed the intent of the Code providing a
mix of foliage texture and color and reducing the use of sod. Signage proposed will need to be
submitted as a Comprehensive Sign Program.
The Code requires a four-foot high wall or fence to screen parking areas from adjacent
parcels and streets. The proposal includes a request to reduce the height of the wall to three
feet. The wall will be located along Drew Street and Bayview Avenue, in conjunction with
significant landscape material. This will serve as a perimeter design feature that will screen
parking areas from the road. The linear wall is broken up with planter insets to provide visual
interest to the wall. A six-foot wall is planned along the west and south boundaries of the site.
Since this site was formerly excavated for fill for the Courtney Campbell Causeway, this
proposal includes filling the site to raise the ground elevations, which will require the removal of
most of the existing trees. Based on the submitted plans, there is a tree deficit of 433 inches.
The applicant may elect to plant additional trees to reduce or eliminate this deficit or pay a fee
($48 per inch). Stormwater will be stored within the village lake. Off-site drainage
improvements are also planned as part of this development.
The architecture designed for this project references the character of many traditionally
tropical architectural styles. The various building types for the community, commercial and
multi-family housing are designed to complement each other. The detached dwellings will be
required to meet guidelines (imposed by the CHA) that include a Pan-Caribbean style. This
style blends designs from French, Dutch, British, and Craftsman influences with earlier Spanish
roots.
The proposed colors of the attached dwelling buildings will include neutrals colors:
cream, sage, beige, mustard/yellow and khaki. The colors of the single-family homes are
included in an Olympic premium paint selection.
Community Development 2004-08-17
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.
.
.
All new internal streets will be public. All alleys will be private and will be maintained by
the CHA or its designee. The main entry street (Parkview Village Drive) will have a 100-foot
right-of-way to accommodate angled parking on both sides and maintain two-way vehicular
traffic. All other new streets will have a 50-foot wide right-of-way and the alleys will be 20 feet
wide. A reduction in local street width from 60 feet to 50 feet is requested. The reduced right-
of-way is an important component of the traffic-calming plan for the development, in which travel
lanes, on-street parking, landscape sidewalks and landscaped bulb-outs at intersections will
"narrow" the streets and (subconsciously) inhibit drivers from speeding. This is a typical design
feature in traditional neighborhoods. A five-foot wide landscape easement is proposed along
the fronts of all residential lots, adjacent to the public sidewalks.
The site has 1,366 feet of frontage along Drew Street and 1,270 feet of frontage on
Bayview Avenue. There are along both of these frontages existing above ground utilities
(electric, telephone, cable, etc.). Section 3-1908.A (Subdivision Design Standards) requires all
on-site utilities to be located underground and may require existing above ground utility facilities
within the public rights-of-way to be relocated or placed underground when the site is
redeveloped. Since this site is being totally redeveloped and due to the length of the frontages
along Drew Street and Bayview Avenue, it has been determined by staff that the
undergrounding of the existing utilities within these rights-of-way should occur as part of this
proposal.
The traffic study performed for this project concludes that all analyzed roadway links and
Intersections will operate at an acceptable level of service (LOS), except for the Drew
Street/McMullen-Booth Road intersection. That intersection currently operates at an overall
LOS "E" (unacceptable level) currently and will continue at that level at project build-out, with or
without the project traffic from Parkview Village. This project traffic represents only about one-
half of one percent of the traffic using this intersection and causes an increase of less than two
seconds in the average delay. Essentially, the redevelopment of the property will not
significantly or adversely effect the operation of this intersection.
A vacation of existing rights-of-way for Tanglewood and Sandlewood Drives is included
in this proposal. The Community Development Board is to make a recommendation the City
Council on this matter. The Council will make a final determination on this request.
All applicable Code requirements and criteria have been met. This includes General
Applicability criteria (Section 3-913), Comprehensive Infill Redevelopment Project (Section 2-
704) and Residentiallnfill Project criteria (Section 2-304) have been met.
The Development Review Committee reviewed the application and supporting materials
on July 8, 2004. The Planning Department recommends approval of the Flexible Development
application (1) to permit a mixed use development (nonresidential and attached dwellings) in the
proposed Commercial (C) District with a reduction to the front (internal proposed streets)
setback from 25 feet to zero feet (to building and pavement) and an increase to building height
from 25 feet to 50 feet, as a Comprehensive Infill Redevelopment Project, under the provisions
of Section 2-704.C, and (2) (a) to permit attached dwellings in the proposed Medium Density
Residential (MDR) District with a reduction to the front (north - Drew Street) setback from 25
feet to 22 feet (to balconies), reductions to the front (east - Bayview Boulevard) setback from 25
feet to 15 feet (to pavement) and from 25 feet to 22 feet (to dumpster enclosure), reductions to
Community Development 2004-08-17
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.
.
.
the front (internal proposed streets) from 25 feet to 10 feet (to building and pavement), an
increase to building height from 30 feet to 50 feet and a deviation to reduce the height of fence
or wall from four feet to three feet to screen parking from adjacent parcels or street rights-of-
way, and (b) to permit detached dwellings with a reduction to lot area from 5,000 square feet to
4,600 square feet, a reduction to lot width from 50 feet to 40 feet, a reduction to the front
(internal proposed streets) setback from 25 feet to 16 feet (to building) and from 25 feet to 10
feet (to building - corner lots), a reduction to the side setback from five feet to zero feet (to
building and pavement) and a deviation to allow the reduced lot area and width for new lots, as
a Residentiallnfill Project, under the provisions of Section 2-304.G, (3) a Preliminary Plat for 25
attached dwelling (townhome) lots and 67 detached dwelling (zero-lot-line) lots with a reduction
to the right-of-way width for local public streets from 60 feet to 50 feet and (4) the vacation of the
Tanglewood Drive and Sandlewood Drive rights-of-way and easements on the subject property
for the site at 2995 Drew Street, 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 2-704.C; 2) The proposal complies with the Flexible
Development criteria as a Residentiallnfill Project per Section 2-304.G; 3) The proposal is in
compliance with other standards in the Code including the General Applicability Criteria per
Section 3-913; and 4) The development is compatible with the surrounding area and will
enhance other redevelopment efforts. AND Conditions of Approval: 1) That approval of this
Flexible Development case is subject to the approval of the land use plan amendment by the
City Council and Pinellas County (LUZ2004-05004) and the approval of the rezoning by the City
Council (REZ2004-05001) prior to the issuance of any permits; 2) That approval of this Flexible
Development case is subject to the vacation of rights-of-way and easements by the City Council
prior to the issuance of any permits; 3) That a subdivision plat be recorded prior to the issuance
of permits for any vertical improvements; 4) That the day care center be accessory to and
provide child care exclusively for the residents of this development and be licensed by the
Pinellas County Child Care Licensing Board; 5) That the community center be accessory to this
development and be for the exclusive use by the Parkview Village residents; 6) That the final
design of all new buildings be architecturally coordinated and consistent with the conceptual
elevations as submitted or as modified by the CDB, to the satisfaction of staff; 7) That the
setbacks shown in the site data table for fee-simple town home lots and for detached dwellings
be met and include all accessory structures. Only clerestory windows shall be allowed on the
zero side of the detached dwellings. The final plat and homeowners documents shall provide
for easements and the maintenance of the zero side of the detached dwellings; 8) That the
three-foot high solid masonry wall, stuccoed and painted to match the building, be maintained
along the perimeter of the site; 9) That a Comprehensive Sign Program be submitted for review
and approval prior to the issuance of sign permits, including any freestanding signage for the
residential areas designed as a monument sign at a maximum height of six feet above grade
and attached signs for the commercial areas designed with channel letters and be
architecturally integrated into the building design. All attached and freestanding signage shall
be of a coordinated design and color; 10) That tree replacements be provided on an "inch for
inch" basis and shown on the site plan, to the satisfaction of the Planning staff, or the applicant
pay in lieu of at the rate of $48 per inch of any tree deficit prior to the issuance of the first
Certificate of Occupancy; 11) That prior to the issuance of any permits the materials and
diameters of water mains and sanitary sewer pipes (including manholes) be provided on revised
civil site plans; 12) That prior to the issuance of any permits the requirements of the Stormwater
Engineering Department be met, including the design of off-site detention pond(s), the provision
of an extended stormwater model demonstrating the proposed project will have no upstream or
downstream impacts and the submission of an approved SWFWMD (Southwest Florida Water
Community Development 2004-08-17
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.
.
.
Management District) permit; 13) That water meters sizes be determined and properly located,
as well as fire hydrants and fire department connections, prior to the issuance of any permits;
14) That, prior to the issuance of any permits, copies of all required State right-of-way permits
be submitted to staff; 15) That all proposed utilities on-site be placed underground, as well as
existing utilities along the site frontages within the Drew Street and Bayview Avenue rights-of-
way; 16) That all Fire Department requirements be met prior to the issuance of any permits; 17)
That a Code compliant trash enclosure, consistent with the material and color of the principal
buildings, be shown on the site and/or building plans prior to the issuance of a building permit;
and 18) That all open space and recreation impact fees be paid prior to issuance of building
permit or final plat, whichever occurs first.
In response to a question, Mr. Wells said the Parks & Recreation impact fees apply to
only 11 additional units. It was recommended a deceleration lane be constructed at the
project's entrance. Ms. Dougall-Sides said use of the City's portion of the transportation impact
fees is under discussion. It was recommended the wall along Drew Street and Bayview Avenue
be increased to four feet due to the large number of area children, who may sit on lower walls.
See page 29 for the motion.
8. Case: ANX2004-05008 - 2334 Anna Avenue Level Three Application
Owner/Applicant/Representative: Christopher Swecker, 2334 Anna Avenue, Clearwater,
FL 33765; phone: 727-796-0513.
Location: 0.197 -acre located on the north side of Anna Avenue, approximately 540 feet
west of Dora Drive.
Atlas Page: 281A.
Request:
a) Annexation of 0.196-acre of property 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 R-3, Single Family Residential District (County) to the LMDR, Low Medium
Density Residential District (City of Clearwater).
Proposed Use: Single-family home.
Neighborhood Association: Clearwater Neighborhoods Coalition (Doug Williams, President,
2544 Frisco Drive, Clearwater, FL 33761; phone: 727-725-3345; email: Diw@qte.net).
Presenter: Gina Clayton, Long Range Planning Manager.
The subject property is located on the north side of Anna Avenue, approximately 540
feet west of Dora Drive. The parcel is 0.197 -acre in area and is occupied by an existing single-
family detached dwelling. The applicant is requesting this annexation 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. It is proposed that the property have a Future Land Use Plan designation of
Residential Low (RL) and a zoning category of Low Medium Density Residential (LMDR).
The proposed annexation can be served by City services including sewer, solid waste,
police, fire and emergency medical services without any adverse effect on the service level.
The proposed annexation is consistent with both the City's Comprehensive Plan and is
consistent with Florida law regarding municipal annexation through its adjacency with existing
City boundaries
Community Development 2004-08-17
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.
Based on its analysis, the Planning Department recommends approval: 1) annexation of
the property located at 2334 Anna Avenue; 2) Residential low (Rl) Category pursuant to the
City's Comprehensive Plan; and 3) low Medium Density Residential (lMDR) zoning district
pursuant to the City's Community Development Code.
See page 29 for the motion.
.
9. Case: ANX2004-05009 - 3108 Downing Street Level Three Application
Owner/Applicant: Michael Ciaramello.
Representative: George D. Hurst, 2528 Northeast Coachman Road, Clearwater, Fl
33759; phone: 727-723-1612; fax: 727-728-7873.
location: 0.63-acre of property located on the north side of Downing Street,
approximately 820 feet north of Gulf-to-Bay Boulevard.
Atlas Page: 292A.
Req uest:
a) Annexation of 0.63-acre to the City of Clearwater;
b) land Use Plan amendment from the Residential/Office Limited (RlOl) Category (County),
Residential Urban (RU) Category (County) to the Residential/Office Limited (RlOl) Category
(City of Clearwater), Residential Urban (RU) Category (City of Clearwater); and
c) Rezoning from the Professional Office (P-1A) District (County), Residential Single-Family (R-
3) District (County) to the Office (0) District (City of Clearwater) and low Medium Density
Residential (lMDR) District (City of Clearwater).
Proposed Use: Office.
Neighborhood Association: Clearwater Neighborhoods Coalition (Doug Williams, President,
2544 Frisco Drive, Clearwater, Fl 33761; phone: 727-725-3345; email: Diw((Uqte.net).
Presenter: Gina Clayton, long Range Planning Manager.
The subject property is on the north side of Downing Street, approximately 820 feet
north of Gulf-to-Bay Boulevard. The property is 0.637 -acre in area and is occupied by a single-
family detached dwelling. The applicant intends to sell this property for office use. The property
is contiguous with existing City boundaries to the north and east; therefore, the proposed
annexation is consistent with Florida Statutes with regard to voluntary annexation. It is
proposed that the property have Future land Use Plan designations of Residential/Office
Limited (RlOl) and Residential Urban (RU) and zoning categories of Office (0) and low
Medium Density Residential (lMDR).
The property proposed for annexation currently receives City of Clearwater water and
can be served by City services, including solid waste, police, fire and emergency medical
services without any adverse effect on the service level. The proposed annexation is consistent
with both the City's Comprehensive Plan and is consistent with Florida law regarding municipal
annexation through its adjacency with existing City boundaries.
Based on its analysis, the Planning Department recommends approval of: 1) Annexation
of the property located at 3108 Downing Street; 2) Residential Urban (RU) and the
Residential/Office Limited (RlOl) Categories pursuant to the City's Comprehensive Plan; and 3)
low Medium Density Residential (lMDR) and Office (0) zoning districts pursuant to the City's
Community Development Code.
.
Community Development 2004-08-17
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.
.
Member Doran moved to approve Item E2, Case: FLD2004-05039 - 610 South Myrtle
Avenue with Bases for Approval and Conditions of Approval as listed, Item E3, Case: FLD2004-
02011/PL T2004-00007 - 2520 Sunset Point Road, Item E7, Case: FLD2004-05034/PL T2004-
00006 - 2995 Drew Street with Bases for Approval and Conditions of Approval as listed, and
recommend approval of Item E5, Case: LUZ2004-05004 - 2995 Drew Street, Item E6, Case:
REZ2004-05001 - 2995 Drew Street, Item E8, Case: ANX2004-05008 - 2334 Anna Avenue,
and Item E9, Case: ANX2004-05009 - 3108 Downing Street. The motion was duly seconded
and carried unanimously. Alternate Board Member Dennehy did not vote.
F. CONTINUED ITEMS (Items 1 - 2)
The COB reviewed these items after 2:00 p.m.
1. Case: FLD2004-03018 - 669 Bay Esplanade Level Two Application
Owner: Virginia Franks.
Applicant: Radcliffe Development Company, LLC.
Representative: Keith Zayak (101 Philippe Parkway, Safety Harbor, FL 34695 phone:
727-793-9888, e-mail: keith@keithzavak.com) and Robert Flynt.
Location: 0.148-acre located on the east side of Bay Esplanade, approximately 300 feet
south of Somerset Street.
Atlas Page: 258A.
Zoning District: Tourist (T).
Request: Flexible Development approval to develop four residential attached dwelling units on a
6,4 79 square foot lot (10,000 square feet is required), with a minimum lot width of 60 feet (100
feet is required), a reduction in the front setback from 15 feet to six feet to pavement, a
reduction in the side (south) setback from 10 feet to zero feet to wooden deck walkway, a
reduction of the side (north) setback from 10 feet to eight feet (to building), a reduction of the
rear setback from 20 feet to 10 feet to wooden deck, and a building height increase from 35 feet
to 51.83 feet from FEMA to roof midpoint under the provisions of Section 2-803.B.
Proposed Use: Attached dwellings.
Neighborhood Associations: Clearwater Beach Association (David MacNamee, 827 Mandalay
Ave., Clearwater, FL 33767; phone: 727-446-5801; email: dmacnav@att.net); Clearwater
Neighborhoods Coalition (Doug Williams, President, 2544 Frisco Drive, Clearwater, FL 33761;
phone: 727-725-3345; email: Diw@qte.net).
Presenter: Michael H. Reynolds, AICP, Planner III.
Chair Hooper recused himself and left the dais.
This 0.148-acre site is on the east side of Bay Esplanade, approximately 300 feet south
of Somerset Street. Overnight accommodations and attached dwellings dominate the
immediate vicinity to the west, south, and north. By Code, the allowable density on this site is
five hotel units or four dwelling units.
The site contains a single-story, eight-unit apartment building, with back-out parking on
Bay Esplanade. An existing deck is on the east side of the site and a walkway from the front of
the site to the rear runs along the south property line. The existing building and its parking area
fit tightly onto the site. There is limited landscaping. One existing dock, at the east side of the
site, is proposed to remain by this redevelopment request.
The site is located within the special area redevelopment plan, Beach by Design, as part
of the "Old Florida" District. This area has been designated for multi-family town homes and
Community Development 2004-08-17
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condominiums of low to midrise. The immediate vicinity is almost entirely composed of attached
dwellings and small motels. Building styles generally resemble architecture from the 1950s and
appear to have been progressively expanded. Bay Esplanade, in this general vicinity, is a local
street, with no sidewalks, where many sites rely on the public right-of-way to accommodate
perpendicular, back-out parking. Generally, the streetscape is in need of redevelopment to
improve parking, pedestrian access, and its aesthetic appearance. Beach by Design
recognizes site constraints of parcels in the neighborhood and difficulties of redevelopment.
The proposal is to raze the existing apartments and construct four attached dwellings
("La Risa II"). The application seeks approval of the use, lot size and width reductions, setback
reductions, plus an increase in height. The proposal shows six on-site parking spaces at
ground level. The building is proposed to be four stories above parking and reach to 51.83 feet
from a FEMA (Federal Emergency Management Authority) building line to roof midpoint. This
site is located within a flood zone (Zone AE) with an elevation of 11 feet.
Building elevations illustrate four stories with a rooftop terrace over parking. An elevator
overrun tower extends over the roof terrace. The design of the building includes arched styling
with some of the doorways and windows. Large windows are shown on the east elevation, with
views of Clearwater Harbor. The plans show the buildings to have a beige color stucco finish
with a red-brown color roof. Windows are proposed to have aluminum framing with a precast
stone look trim. The roof is shown to have a clay tile mission shape. Wrought iron railings are
to be attached to walkways and platforms outside the building on five levels. The north and
west elevations show a decorative architectural medallion on the north and west sides of the
elevator tower. Exterior stairs are shown on the north elevation, from the ground level to the
roof. Windows and doors proposed on the north and south elevations do not meet Building
Code. The setbacks, as proposed, limit the use of windows and doors to 10% of the building's
fayade.
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Vehicular and pedestrian safety would be improved, as there will no longer be any back-
out parking onto Bay Esplanade. A wooden walkway is proposed along the south side of the
property for access to the rear deck and dock. Five cabanas and a rest room are shown on the
site plan at the rear of the site. The deck and dock amenity is proposed to be shared with
residents of a residential development across the street to the west, (La Risa I).
Trash collection is proposed to be made from a solid waste dumpster inside the building
at the front (west side) of the site. The dumpster is to be rolled out by complex maintenance to
a staging area.
While there is a landscape plan, the proposed setbacks reduce the opportunity for green
space. A six-foot high opaque fence is proposed along the south side of the property.
Preliminary stormwater design has been addressed. The design is essentially complete.
Beach by Design does not specifically suggest the development as proposed by this
application. Beach by Design reads in part, "... the scale and intensity of the area, with relatively
few exceptions, is substantially less than comparable areas to the south." The document
contemplates "limited new construction where renovation is not practical." What is proposed is
a substantial increase in scale to what exists within the "Old Florida" District. The development
is not visually interesting and the massing and scale do not comply with the intended character
of the "Old Florida" District and Beach by Design. The application proposes to maximize the
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allowable density and is seeking seven variations from the Code to make this project work
(reductions in lot size, width, setbacks, and an increase in building height). The proposed use is
acceptable, but the overall scale is not compatible with the existing surrounding land uses.
The proposed reduction in lot area will result in a building, which is out of scale with
existing buildings in the immediate vicinity of the parcel proposed for development. The
proposed increase in height does not result in an improved site plan or improved design and
appearance. Proposed reductions in side setbacks do not result in an improved site plan, more
efficient parking, or improved design and appearance. Development of the land, as proposed,
will not be in harmony with the scale, bulk, coverage, density, and character of adjacent
properties. Design of the proposed development does not minimize visual adverse impacts on
adjacent properties.
The Development Review Committee reviewed the application and supporting materials
on May 6, 2004 and June 10, 2004. The Planning Department recommends denial of the
Flexible Development application to develop four residential attached dwelling units on 1) a
6,479 square-foot lot (10,000 square-feet is required), with 2) a minimum lot width of 60 feet
(100 feet is required), seeking 3) a reduction in the front setback from 15 feet to six feet to
pavement, 4) a reduction in the side (south) setback from 10 feet to zero feet to wooden deck
walkway, 5) a reduction of the side (north) setback from 10 feet to eight feet (to building), 6) a
reduction of the rear setback from 20 feet to 10 feet to wooden deck, and 7) a building height
increase from 35 feet to 51.83 feet from FEMA to roof midpoint under the provisions of Section
2-803.B. Bases for Denial: 1) The proposal does not comply with the Flexible Development
criteria per Section 2-803.B; 2) The proposal is not in compliance with other standards in the
Code including the General Applicability Criteria per Section 3-913; 3) The development is not
compatible with the surrounding area and will not enhance other redevelopment efforts in the
vicinity of the site location; and 4) The proposed development is inconsistent with what is
proposed within Beach by Design for property within the "Old Florida" District.
Mr. Reynolds reported this item was continued automatically from the July 20, 2004
meeting, where the motion to approve failed by a 2:3 vote. The staff position is unchanged and
continues to recommend denial. A set of conditions for approval has been developed as a
courtesy. The applicant submitted revisions to the City late on August 12, 2004, as staff was
readying for evacuation due to the predicted landfall of Hurricane Charley. The board has not
received copies of the revisions. It was recommended the CDB allow the applicant to address
the board.
Member Gildersleeve moved to continue Item F2, Case: FLD2004-03018 - 669 Bay
Esplanade, to September 21, 2004. The motion was duly seconded. Members Doran,
Gildersleeve, Milam, Moran, and Plisko voted "Aye"; Member Johnson and Alternate Member
Dennehy voted "Nay." Chair Hooper abstained. Motion carried.
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2. Case: FLD2004-04030 - 517 Skyview Avenue Level Two Application
Owner/Applicant: Joann A. Palmeri.
Representative: Stephen Fowler (1421 Court St., Clearwater, FL 33756 phone: 727-449-
2021; fax: 727-447-5339; email: fowlerarch@aol.com).
Location: 0.59-acre located on the east side of Florida Avenue, approximately 200 feet
south of Gulf-to-Bay Boulevard.
Atlas Page: 297 A.
Zoning District: Low Medium Density Residential (LMDR).
Request: Flexible Development approval to permit the conversion of a single-family detached
dwelling into an attached dwelling (duplex) under the provisions of Section 2-204.E as a
Residentiallnfill Project.
Proposed Use: Duplex in association with an existing single-family home.
Neighborhood Association: Clearwater Neighborhoods Coalition (Doug Williams, President,
2544 Frisco Drive, Clearwater, FL 33761; phone: 727-725-3345; email: Diw@qte.net).
Presenter: Michael H. Reynolds, AICP, Planner III.
Mr. Reynolds reviewed the background. The 0.589-acre site, on the east side of
Skyview Avenue, is approximately 200 feet south of Gulf-to-Bay Boulevard. The Future Land
Use Category for the property is Residential Urban, which permits 7.5 dwelling units per acre.
This request will allow up to four dwelling units. The property currently is developed with
multiple buildings, including two dwellings. There is a one-story, single-family home and two-car
detached garage. The home has a concrete stone exterior, along with a grey-pitched shingle
roof. Located on the property in the northeast corner is an existing detached dwelling that is
similar in color and material. In the southeast portion of the property is an existing one-story
masonry building. The building currently is white with brown doors and brown trim along the
windows. An existing concrete drive leads to the two-car garage and an existing concrete apron
is in the northwest corner of the property. To the south of the property are two crushed rock
drives aisles in the abutting right-of-way, leading onto the property.
On July 20, 2004, the CDB reviewed this case. The Board reacted favorably to the
request and asked that it be rescheduled for August to give staff a chance to draft potential
conditions, should this be approved.
The request is to convert the existing one-story masonry building, located in the
southeast corner of the property, into a duplex. Attached dwellings are a permitted use in the
LMDR District as part of a Flexible Standard Development request. The applicant cannot meet
one of the flexibility criterion for attached dwellings, which states the parcel proposed for
development is a corner lot and is vacant on the date of adoption of the Community
Development Code. Because the applicant cannot meet this criterion, the application is being
processed as a Residentiallnfill Project use.
The applicant is proposing to renovate the existing white masonry block with cement
plaster. The lower one-third of the building is proposed to be a light peach color. A brown
banding will separate the remaining upper two-thirds of the building to be painted smoke grey in
color. The windows, roofing, and doors are to remain with minor painting and maintenance.
The City's records show four other properties within a 1 ,OOO-foot radius of the site having
occupational rental licensure for multi-unit rental property. These properties are 1564 Turner
Street with two units, 1600 Turner Street with two units, 509 Crest Avenue with six units, 605
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Crest Avenue with three units and can be seen on existing rental properties map. The area is
. largely developed with single-family homes rather than attached dwelling units.
The subject building to be converted into a duplex, in the southeast corner of the
property, has a non-conforming rear (east) setback at 12 feet to property line where Code
requires a minimum of 15 feet. It also has a non-conforming side (south) setback at six feet to
property line where 10 feet is required by Code. The one-story detached dwelling in the
northeast corner of the parcel is non-conforming along the rear (east) setback at six feet rather
than 15 feet. The front of the primary single-family home is non-conforming to the front (west)
setback at 21 feet to building rather than 25 feet. All three of the structures on the property are
non-conforming with regards to setbacks.
The actual Lot 16 on the survey is 52.5 feet in width and 6,656 square-feet in total area
by itself. The minimum standard development for a lot in LMDR district is 50 feet in lot width
and 5,000 square-feet in lot size. The intent and purpose of the Low Medium Density
Residential District is to protect and preserve the integrity and value of existing, stable,
residential neighborhoods of low to medium density while at the same time, allowing a careful
and deliberate redevelopment and revitalization of such neighborhoods in need of revitalization
or neighborhoods with unique amenities, which create unique opportunities to increase property
values and the overall attractiveness of the City. The lot itself could support a single family
dwelling by Code standards. It is unclear how the proposed application is helping to preserve
the established single-family residential character of the surrounding neighborhood or adjacent
property values by acquiring additional land that could support a single-family home and
developing it as a duplex.
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The proposed conversion of the existing one-story masonry building into a duplex is
neither consistent nor compatible with adjacent land uses. This proposal does not add to the
existing form and function of an established single-family neighborhood. The potential impact of
a duplex on the fair market value of abutting property values could have more of a negative
impact than a single-family home.
The Development Review Committee reviewed the application and supporting materials
on April 1, 2004. The Planning Department recommends denial of the Flexible Development
approval to permit the conversion of a single-family detached dwelling into an attached dwelling
(duplex) under the provisions of Section 2-204.E as a Residentiallnfill Project, for the site at 517
Skyview Avenue, on the following bases: Bases for Denial: 1) The proposal does not comply
with the Flexible Development criteria under the provisions of Section 2-204.E; 2) The proposal
does not comply with the other standards in the Code including the General Applicability Criteria
per Section 3-913; 3) The size and width of lot 16 meets the minimum standard development for
a single-family home and should be developed accordingly with the established detached
single-family homes that dominate the surrounding area; and 4) An attached dwelling is not
characteristic of the established single-family neighborhood.
Based on the CDB discussion at the July 20, 2004 meeting, the following are potential
conditions that may be imposed should the application be approved: Conditions of Approval: 1)
That the existing building located on the southeast portion of Lot 16 be redeveloped (without
any expansion) as a two-family (duplex) dwelling; 2) That the final design be consistent with or
as modified with CDB direction; 3) That the existing concrete drive apron located in the right-of-
way and northwest corner of the property be removed; 4) That the existing crushed rock
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driveways on Lot 16 be removed and replaced with a permanent all-weather paving material;
and 5) That the applicant obtains an Occupational License from the City for any existing or
proposed rental property per Ordinance #7105-03 prior to the issuance of any permits.
It was felt a duplex should not be added to a single-family residential neighborhood. Mr.
Gerlock said the proposed duplex structure is not on a corner lot as required by Code. The
vacant structure has two front doors. The unity of title will preclude the owner from selling the
duplex unit separately.
Steve Fowler, Representative, said the applicant wants to rent the units to intern
teachers, single persons, or a young couple. He said the proposal is the highest and best use
of the property. The 960 square-foot building would feature two one-bedroom, one-bath units.
Mr. Fowler accepted the proposed conditions.
It was requested that staff verify if residential lots, joined with a unity of title, are
permitted multiple driveways. Mr. Gerlock said the concrete drive off Florida Avenue will be
removed to keep people from parking within the right-of-way. It was felt the project will enhance
the neighborhood.
Member Johnson moved to approve Item F2, Case: FLD2004-04030 - 517 Skyview
Avenue, with Conditions of Approval as listed. The motion was duly seconded. Members
Doran, Gildersleeve, Milam, Moran, Johnson, and Chair Hooper voted "Aye"; Member Plisko
voted "Nay." Motion carried. Alternate Member Dennehy did not vote.
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F. CONTINUED ITEMS (Items 1 - 2)
The COB reviewed these items after 2:00 p.m.
1. Case: FLD2004-04023/SGN2004-07010 - 445 Hamden Drive
Owner/Applicant: Fulvio and Maddalena Divello.
Representative: Patricia Stough, Patti the Architect, Inc. (1634 San Roy Drive, Dunedin,
FL 34698: phone: 727-733-3769; fax: 727-733-3769; email: parch@gate.net).
Location: 1.8 acres located at the northeast corner of Hamden Drive and South Gulfview
Boulevard.
Atlas Page: 276A.
Zoning District: Tourist (T).
Request: Flexible Development approval to Terminate the Status of a Nonconformity for density
within the Tourist District to permit the relocation of five overnight accommodation units from the
southern building (Building A) to the northern building (Building B) and the conversion of five
overnight accommodation units in the southern building (Building A) to accessory storage and
hotel office usage with a reduction to the front (west) setback from 15 feet to zero feet (to
existing pavement), a reduction to the front (south) setback from 15 feet to seven feet (to
existing pavement), a reduction to the side (north) setback from 10 feet to three feet (to existing
pavement), a reduction to the side (east) setback from 10 feet to three feet (to existing
pavement), an increase to height from 35 feet to 48 feet (existing Building A) and from 35 feet to
67 feet (existing Building B) and to eliminate the five-foot wide foundation landscape area
adjacent to the southern building (Building A), under the provisions of Section 6-1 09.C and
Section 2-803.1, with a Comprehensive Landscape Program, under the provisions of Section 3-
1202.G.
Proposed Use: Overnight accommodation use of a proposed total of 111 units.
Neighborhood Association: Clearwater Beach Association (David MacNamee, 827 Mandalay
Ave., Clearwater, FL 33767; phone: 727-446-5801; email: dmacnav@att.net); Clearwater
Neighborhoods Coalition (Doug Williams, President, 2544 Frisco Drive, Clearwater, FL 33761;
phone: 727-725-3345; email: Diw@qte.net).
Presenter: Wayne M. Wells, AICP, Planner III.
Mr. Wells reviewed the request. This 1.8 acre-site, at the northeast corner of Hamden
Drive and South Gulfview Boulevard, originally was developed as two separate overnight
accommodation uses, but was combined a number of years ago. The property presently is
developed with two buildings (Building A - southern building; Building B - northern building).
The southern building was constructed in 1974 and the northern building was constructed in
1988. The southern building (Building A) has a real estate office on the west side of the ground
floor. The first floor of the northern building (Building B) has been developed with the business
office for the motel and restaurant/banquet facilities. The property has an occupational license
for 116 hotel units. Under current density provisions, the site could only be developed with a
maximum of 72 units. The site is developed with 123 parking spaces, in open, paved parking
areas and on the ground floor under the northern building (Building B).
The applicant is requesting to Terminate the Status of a Nonconformity for density, for
the purpose of relocating five overnight accommodation units/rooms from the southern building
(Building A) to the northern building (Building B) and converting five units in the southern
building (Building A) to accessory storage and hotel office usage. The proposed relocation will
decrease the number of units/rooms from 116 to 111 rooms. The five units/rooms to be
relocated to the northern building (Building B) will be suites, ranging in size from 1,575 to 3,768
square-feet, on the first floor above the ground level parking, with the existing motel business
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offices and restaurant/banquet facilities being eliminated in their entirety. One relocated unit in
the northern building will be for the owner/manager. To provide for this relocation of
units/rooms, the exterior of this northern building will be modified to provide balconies on the
east side of the building facing the water and exterior walls will be relocated to expand the floor
area under the existing roof on the southern end of the building. Wall materials will match that
existing. The building elevations facing north and west (viewed from Hamden Drive) will be
unchanged. Units on the ground floor of the west side of the southern building (Building A) will
be converted to the accessory storage and hotel office usage.
The site presently has 123 parking spaces. Based on the proposed conditions, 123
parking spaces are required. Section 6-109.C, Termination of Status as a Nonconformity, sets
out requirements for the granting the termination status: 1) Provision of perimeter buffers,
meeting the requirements of Section 3-1202.D. The applicant complies with this requirement,
as perimeter buffers are not required in the Tourist District; 2) Improvement of off-street parking
lots to meet landscaping standards established in Section 3-1202.E. This landscaping standard
establishes the standards for interior landscaping and foundation landscaping. The applicant
has complied with this requirement on the northern portion of the site, but cannot meet the
requirement on the southern portion of the site; 3) Bring into compliance any nonconforming
sign, outdoor lighting or other accessory structure with current Code provisions. The sign at the
corner of Hamden Drive and South Gulfview Boulevard is nonconforming in terms of square
footage and height. The applicant will bring signage into compliance; and 4) Allows the use of
the Comprehensive Landscape and Comprehensive Sign Programs to be utilized to satisfy the
requirements of the Termination Section.
With regard to the second requirement to bring the parking lots into conformance with
certain landscaping standards, the applicant has submitted a Comprehensive Landscape
Program as part of the request. The applicant is proposing to close the northern driveway on
South Gulfview Boulevard and convert this area to landscaping to aid in compliance with these
provisions. This driveway closure, which is adjacent to the intersection, also will aid in reducing
vehicular and pedestrian conflicts at this intersection. Additionally, the applicant is requesting to
eliminate the five-foot wide foundation landscape area adjacent to the west side of the southern
building (Building A). The existing parking lot pavement is at a zero setback to the Hamden
Drive right-of-way west of this southern building. This existing parking area meets the minimum
dimensional requirements of Code for parking stall depth and drive aisle width. With the
sidewalk adjacent to the west side of the building providing access to "units' on this side of the
building, there is no additional land area to provide the required five-foot wide foundation
landscape strip adjacent to the building. While there is no ability to provide any landscape strip
between the parking lot and the Hamden Drive property line for this southern building, an
existing 2.5 to three-foot high hedge west of the sidewalk in the right-of-way provides screening
of the parking lot. With the closure of the driveway on South Gulfview Boulevard and the other
proposed landscape improvements to the site, the landscaping substantially meets the intent of
Code.
While the northern portion of the site has existing landscaping along the perimeter and
interior of the site, neighbors to the north and west have submitted letters outlining their
concerns regarding the landscaping of this northern area. Their concerns deal with the
continued ability to view the water east of the subject property, unobstructed by tall landscaping.
Maintenance of the landscaping to a maximum height of three-feet would continue to provide
these views of the water, which also is sufficient to provide any necessary screening of views of
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the parking lot from the Hamden Drive right-of-way and from the motel to the north. Due to the
proximity of a pool/spa on the motel property to the north, care should also be taken in the type
of landscaping along the north and east (water) sides of the subject property to maintain water
views, minimize negative impacts due to insects on landscape materials and to minimize debris
due to maintenance of this landscape material.
With regard to bringing any nonconforming signage into conformance with current Code
requirements, the applicant has submitted a Comprehensive Sign Program (SGN2004-07010)
for the purpose of complying with the third requirement of the Termination Section. The
nonconforming sign at the intersection of Hamden Drive and South Gulfview Boulevard is
proposed to be replaced with a sign a maximum of six feet in height (maximum allowable in the
Tourist District under the Comprehensive Sign Program). Prior to the issuance of permits for
the northern building units, the Planning Department will need to approve the Comprehensive
Sign Program. Installation and final inspection of the signage under the Comprehensive Sign
Program will need to occur prior to the issuance of a Certificate of Occupancy for the relocated
units in the northern building (Building B). It is noted that the maximum height of freestanding
signs under the Comprehensive Sign Program in the Tourist District is six feet.
It is noted that the applicant is also proposing to construct a 10-foot wide by 30-foot long
storage addition on the north side of the southern building (Building A). Staff already has
authorized construction of this storage addition, as on its own, it would have been processed as
a Flexible Standard application (BCP2004-07356) and not require CDB action.
The Development Review Committee reviewed the application and supporting materials
on May 6 and June 10, 2004. The Planning Department recommends approval of the Flexible
Development application to Terminate the Status of a Nonconformity for density within the
Tourist District to permit the relocation of five overnight accommodation units from the southern
building (Building A) to the northern building (Building B) and the conversion of five overnight
accommodation units in the southern building (Building A) to accessory storage and hotel office
usage with a reduction to the front (west) setback from 15 feet to zero feet (to existing
pavement), a reduction to the front (south) setback from 15 feet to seven feet (to existing
pavement), a reduction to the side (north) setback from 10 feet to three feet (to existing
pavement), a reduction to the side (east) setback from 10 feet to three feet (to existing
pavement), an increase to height from 35 feet to 48 feet (existing Building A) and from 35 feet to
67 feet (existing Building B) and to eliminate the five-foot wide foundation landscape area
adjacent to the southern building (Building A), under the provisions of Section 6-109.C and
Section 2-803.1, with a Comprehensive Landscape Program, under the provisions of Section 3-
1202.G for the site at 445 Hamden Drive, with the following bases and conditions: Bases for
Approval: 1) The proposal complies with the Flexible Development criteria to Terminate the
Status of a Nonconformity (density and number of parking spaces) per Section 6-109.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 consistent and compatible with the
surrounding area. AND Conditions of Approval: 1) That a maximum of 111 total units/rooms be
provided at this hotel/motel (including the owner/manager unit); 2) That the Florida Department
of Business and Professional Regulation, Division of Hotels and Restaurants license and the
City's occupational license be amended to reflect the change in number of unitslrooms, prior to
the issuance of the Certificate of Occupancy for the units in the northern building (Building B).
Guest stays for both buildings shall not exceed 30 days (except the owner/manager unit).
Units/rooms shall not qualify for homestead exemption or home or business occupational
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licenses; 3) That no more than one unit be leased for a non-hotel/motel business use on the
west side of the southern building (Building A) and its use be limited to office-type uses; 4) That
the final design and color of the modifications to both the southern and northern buildings be
consistent with the conceptual elevations submitted to, or as modified by, the COB; 5) That
hedges and other landscaping (not including trees) on the northern portion of the site be
maintained to a maximum height of three feet to provide continued views of the water by
adjacent property owners and tenants/guests. Landscape materials along the north and east
sides of the property shall be of a type that minimizes insect and maintenance debris impacts on
the neighbor to the north. Landscape plans shall show compliance with these requirements
prior to the issuance of building permits for the relocated units/rooms in the northern building
(Building B); 6) That, prior to the issuance of permits for the northern building units, the Planning
Department approve the Comprehensive Sign Program (SGN2004-07010). Installation and
final inspection of signage under the Comprehensive Sign Program shall occur prior to the
issuance of a Certificate of Occupancy for the relocated units in the northern building (Building
B); and 7) That a Unity of Title be recorded in the public records prior to the issuance of any
permits.
Mr. Wells reported the property owner to the west requested that views of the water
through this property, across Harnden, and along the side of the building be maintained. The
only change will be to the second floor of one building. The owner also will replace and add
new awnings.
One person spoke in support of the project as long as views of the water are protected
and landscaping does not exceed three feet in height.
Member Moran moved to approve Item G1, Case: FLD2004-04023/SGN2004-07010 -
445 Harnden Drive, with Bases for Approval and Conditions of Approval as listed. The motion
was duly seconded and carried unanimously. Alternate Member Dennehy did not vote.
The COB recessed from 4:13 to 4:25 p.m.
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2. Case: FLD2004-02013 -100 Coronado Drive and 201, 215 and 219 South Gulfview
Boulevard (Related to DV A2004-00001)
Owners: Antonios Markopoulos, T. M. Megas and Kolossos Inn, Inc.
Applicant: Antonios Markopoulos.
Representative: M. Lisa Shasteen, Esq. (2920 Harbor View Avenue, Tampa, FL 33611;
phone: 813-220-3000; fax: 813-831-8140).
Location: 2.739 acres located to the south of and between South Gulfview Boulevard
and Coronado Drive.
Atlas Page: 276A.
Zoning District: Tourist (T).
Request: (1) Flexible Development approval to Terminate the Status of a Nonconformity for
density within the Tourist District, under the provisions of Section 6-109.C; (2) Flexible
Development approval to permit 350 overnight accommodation units and 75 attached dwellings
as a mixed use (with increase in density of 250 hotel rooms from the Beach by Design density
pool), with a reduction to the front (east along Coronado Drive) setback from 15 feet to zero feet
(to building), a reduction to the front (south along proposed Second Street) setback from 15 feet
to zero feet (to building), a reduction to the front (west and north along South Gulfview
Boulevard) setback from 15 feet to zero feet (to building), an increase to the building height from
35 feet to 150 feet (to roof deck) with an additional five feet for perimeter parapets (from roof
deck) and an additional 33 feet for elevator, stair, mechanical rooms/architectural
embellishments (from roof deck), deviations to allow stacked parking, allow access to a major
arterial street and allow a building within the required sight visibility triangles at the intersection
of Coronado Drive and proposed Second Street, as a Comprehensive lnfill Redevelopment
Project, under the provisions of Section 2-803.C, and to eliminate the required foundation
landscaping along Coronado Drive and proposed Second Street, as a Comprehensive
Landscape Program, under the provisions of Section 3-1202.G; and (3) the vacation of a portion
the right-of-way for Gulfview Boulevard between Coronado Drive and proposed Second Street,
the vacation of the First Street right-of-way between Coronado Drive and Gulfview Boulevard,
the dedication of right-of-way for proposed Second Street between Coronado Avenue and
Gulfview Boulevard and the dedication of right-of-way for Coronado Drive between proposed
Second Street and Gulfview Boulevard.
Proposed Use: Hotel of 350 rooms (127.78 rooms/acre), 75 attached dwellings (27.38
units/acre) and a maximum of 37,000 square feet (0.31 FAR) of amenities accessory to the
hotel, at a height of 150 feet (to roof deck) with an additional five feet for perimeter parapets
(from roof deck) and an additional 33 feet for elevator, stair, mechanical rooms/architectural
embellishments (from roof deck).
Neighborhood Associations: Clearwater Beach Association (David MacNamee, 827 Mandalay
Ave., Clearwater, FL 33767; phone: 727-446-5801; email: dmacnav@att.net); Clearwater
Neighborhoods Coalition (Doug Williams, President, 2544 Frisco Drive, Clearwater, FL 33761;
phone: 727-725-3345; email: Diw@qte.net).
Presenter: Wayne M. Wells, AICP, Planner III.
Chair Hooper declared a conflict of interest and left the dais. Ms. Dougall-Sides reported
the applicant could request a continuance, as seven COB members are not present. The
applicant declined. Ms. Dougall-Sides requested members to disclose all ex parte contacts,
verbal or written, that they have had with the applicant.
Mr. Wells reviewed the request. The existing properties total 2.427 acres and are
located to the south of and between South Gulfview Boulevard and Coronado Drive. The
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properties are developed with motels (Days Inn, Beach Towers Motel, Spyglass Motel and
Golden Beach Motel) and numerous retail sales and restaurant uses. All existing structures
(buildings and pavement) within the site area will be razed for the construction of the proposed
improvements. The site also includes a portion of the eastern and northern half of the South
Gulfview Boulevard right-of-way and the First Street right-of-way between South Gulfview
Boulevard and Coronado Drive.
The City has identified this site as a priority candidate for redevelopment and
revitalization for Clearwater beach. Older, modest hotels and motels and retail businesses
within mid-rise buildings characterize the area along South Gulfview Boulevard and Coronado
Drive. Redevelopment of the area requires the assembly of sufficient land to develop signature
buildings with on-site amenities and adequate off-street parking.
The proposal includes the use of the Code provision of Section 6-109 to Terminate the
Status of Nonconformity for density for this property. Based on current density limitations of the
Resort Facilities High classification of 40 rooms per acre for overnight accommodation uses and
the existing acreage of 2.427 acres, the overall site is restricted to 97 rooms. There are 200
existing rooms, which is a nonconforming use. Section 6-109.B allows a nonconforming use
with respect to density to be reconstructed with the same density, provided the reconstruction
complies with all other Code requirements after review and approval by the Community
Development Board. The proposal includes retaining the same 200 rooms, but converting 100
of those rooms to 75 attached dwellings (based on a conversion factor of 40 rooms per acre of
overnight accommodation rooms to 30 units per acre of attached dwellings). All provisions of
Section 6-109.C are being complied with this proposal.
This application for Flexible Development approval is being processed as a
Comprehensive Infill Redevelopment Project due to the height and scale of this project. The
Comprehensive Infill Redevelopment Project allows flexibility with regard to setback and height
for projects that are innovative, do not conform to typical development forms, involve a mix of
uses and are beneficial to the City as a whole. The overall project includes resort hotel of 350
overnight accommodation rooms and 75 attached dwellings as a mixed use. The proposed
350 rooms include 250 hotel rooms from the Beach by Design density pool and the 100 rooms
left over from the Termination of Status of Nonconformity, producing a density of 127.78
rooms/acre on the total site. These hotel rooms are proposed to be located on the Guest
Parking Levels 2 - 4 and Hotel Levels 6 - 8. The 75 attached dwelling condominiums,
proposed to be located on the Condominium Levels 9 - 13, produce a density of 27.38
units/acre on the total site.
The proposal meets 13 of the 14 specific criteria for use of the density pool, as outlined
in Beach by Design including: a minimum of 200 hotel rooms, full range of amenities, access to
rooms via lobbies/corridors, a national marketing affiliation, trip generation management
enforceable by covenant, mandatory hurricane evacuation (as necessary), maximum of 25% of
rooms with kitchen facilities, frontage on the Gulf of Mexico, minimum lot size of one acre,
existing property with obsolete structures, Tourist District zoning with eligibility to increase
height to 150 feet, provision of benefits to the City, and obligation to participate in (future)
assessment program. The criterion not met is with regard to exceptional architectural design
and finishes. Because of the design, massing and scale of the building, this criterion is unmet.
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The architectural design of the building is a classical grand style with punched window
openings accented by a variety of balcony treatments, cornices, balustrades and trim. The
building mass will rise from the ground level to the pool deck, Level 5, with the footprint of the
building that is 492 feet in length (north to south) and 226 feet in depth (east to west), with the
northeast corner angled. This northeast corner of the property will provide the porte cochere
entry and motor court, which will be raised in elevation to the lobby level, and will include the car
lifts to the upper parking levels (Levels 2 - 4). The habitable space of the building must be
placed at elevation 14, due to the building being within a FEMA (Federal Emergency
Management Authority) velocity zone. At the northwest corner of the building on Level 2, an
elevated pedestrian bridge from the hotel to the beach is proposed. This bridge will create a
recognizable feature for motorists and pedestrians, providing a functional Beach Walk entrance
portal for hotel visitors and guests.
The front elevations of the lower levels along South Gulfview Boulevard and Coronado
Drive have been designed with guest rooms, meeting and banquet rooms, retail uses and
restaurants. These west and east fa9ades will appear as a full hotel floor. The parking will be
camouflaged behind the building elevations, hidden from view by motorists and pedestrians. At
the pool deck, Level 5, and above to Level 13, the building will appear in plan view as a
flattened "V," with a central portion (north to south) and wings that angle northwest and
southwest. Domed towers will project a maximum of 33 feet above the highest roof elevation,
exceeding Code maximums of 16 feet (applicant has requested a deviation to allow these
towers at the requested height). To visually obscure rooftop mechanical systems and other
appurtenances, the applicant is requesting to increase the height of the allowable parapets from
2.5 feet to five feet. In addition to the hotel rooms and condominiums, other uses for hotel
guests and the general public are included such as restaurants, meeting rooms, banquet rooms,
retail sales and night clubs, totaling approximately 37,000 square-feet. The restaurants and
retail sales will be primarily located on the Beach Walk promenade (west elevation of the
building) to encourage pedestrian activity and use (Lobby Level). The meeting and banquet
rooms will be located more to the center of the structure on the Lobby Level. Additional
restaurants and retail sales uses are proposed to be located on the pool deck (Level 5). The
pool level will provide a main pool on the west side of the tower, as well as a sunrise pool on the
southeast corner of the building. Various sunbathing, seating and outdoor dining areas also are
proposed on the pool deck (Level 5).
All parking for this development will be within an enclosed garage facility. Due to the
reduction of public parking along South Gulfview Boulevard and to the west of this roadway, the
developer is providing 15 public parking spaces (at a fee, managed by the developer) within the
garage on the lowest garage level, accessed from the proposed Second Street. All attached
dwelling (condominium) parking is proposed on the lowest garage level, accessed from the
proposed Second Street. The developer is providing 150 parking spaces (two spaces per unit)
for the attached dwellings, whereas only 112 spaces are required (1.5 spaces per unit).
Thirteen of these parking spaces will be "stacked," one in front of another. The developer
proposes to assign the "stacked" spaces to the same unit.
Also, on the lowest garage level accessed from the proposed Second Street, are 96
valet parking spaces (including "stacked" spaces). Included as part of this request is the
approval of the "stacked" parking, which is not allowed by Code. All other parking spaces will
be on Levels 2 - 4, will be valet parking only and will be accessed by a three-bay car lift located
on the northeast corner of the building. This car lift (much like an elevator) will contain three
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vehicle lifts, operated by employees only. The applicant advises, based on the manufacturer's
data, the car lift will have effective speeds in excess of 100-feet-per-minute. Cars will be able to
be placed in the lift and brought to the highest garage level in approximately one minute. Staff
is concerned that this time frame does not take into account the amount of time it will take for
the loading/unloading of the vehicle's driver and passengers, as well as luggage. To unload the
upper garage level when totally full (400+ vehicles), the applicant has estimated it will take
approximately two hours. Included in the submittal package is a drawing from the architect
indicating 44 cars could be parked on the entry (porte cochere) area. This drawing, however,
depicts gridlock at this entry under this circumstance. The applicant's architect has otherwise
indicated a more likely number of vehicles, based on his experience, is 10-12 vehicles at this
entry area at anyone time. The applicant advises that the lowest level of parking will primarily
be used as a staging area during peak arrival and departure periods.
The proposal includes specific requests to reduce the front (east along Coronado Drive)
setback from 15 feet to zero feet (to building), to reduce the front (south along proposed Second
Street) setback from 15 feet to zero feet (to building) and to reduce the front (west and north
along South Gulfview Boulevard) setback from 15 feet to zero feet (to building). Reduction of
setbacks is necessary due to the scale of the development, the need to provide for on-site
building circulation, and the dedication of 18 feet for additional right-of-way for Coronado Drive.
Beach by Design envisions, which the developer is constructing their portion, an elevated
promenade along the west side of the property as part of the Beach Walk improvements. This
elevated promenade will serve as a landscaped promenade with covered outdoor terraces
descending to outdoor dining/cafe seating area. Other portions of the relocated South Gulfview
Boulevard will be constructed along the north side of the property.
A request to allow access to a major arterial street is included in this proposal. The
proposal takes access to Coronado Drive and South Gulfview Boulevard. South Gulfview
Boulevard is an arterial street. The proposed access is closest to the intersection with
Coronado Drive and is for the entry porte cochere/motor court. The site will not function without
this access. The proposal includes an allowance for the building to be within the required sight
visibility triangle at the intersection of Coronado Drive and the proposed Second Street. Due to
the proposed design of the building and the dedication of right-of-way for both Coronado Drive
and the proposed Second Street, the building encroaches into this visibility triangle. From a
traffic safety standpoint pursuant to Engineering Department review, conflicts will be minimal
due to the narrowing of the right-of-way south of the proposed Second Street and the wide
sidewalk proposed along Coronado Drive. Finally, the proposal to eliminate the required
foundation landscaping along Coronado Drive and proposed Second Street (Comprehensive .
Landscape Program) is requested. This too is due to the proposed design of the building and
the dedication of right-of-way for both Coronado Drive and the proposed Second Street.
All applicable Code requirements and criteria including, but not limited to, General
Applicability criteria (Section 3-913) and Comprehensive Infill Redevelopment Project criteria
(Section 2-803. C) have not been met.
A companion Development Agreement application is being considered with this site plan
application (refer to DV A2004-00001). This application is contingent upon approval of the
Development Agreement by City Council.
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The site is located within the Beach Walk District of the Beach by Design Plan. This
area is recognized as the primary beachfront destination on Clearwater beach. The Plan
recommends that this area be fully redeveloped in terms of road realignments, parking and
building design. Specifically, it recommends the redevelopment of South Gulfview Boulevard
into a beachfront promenade that will involve the removal of most surface parking west of the
road. It will include a pedestrian way and bicycle path, and significant landscaping and public
spaces. This strategy has been identified as a way to stimulate the redevelopment of property
in the area and to reposition the beach as a first-rate tourist venue.
To assist in the transformation of Clearwater beach into a quality family resort, Beach by
Design established a density pool of 600 additional hotel rooms that are available in key
locations including the subject site. The pool will be available for a five-year period following
designation of the beach as a Community Redevelopment District, pursuant to the Countywide
rules. Beach by Design establishes criteria by against which proposals seeking use of the
density pool are measured.
The primary staff concern is with the design, scale and massing of the building not being
in compliance with the design guidelines of Beach by Design. The project meets neither the
40% solid requirement nor the floorplate requirement to achieve the goals of Beach by Design.
Sections of the guidelines that are of specific concern are 8.2 and 8.3, pages 57 and 58, which
states Height - Maximum height is prescribed by the respective zoning districts in the
Community Development Code unless otherwise restricted by Beach by Design. The height
may be increased, however, to 150 feet if: 1) additional density is allocated to the development
either by transferred development rights or with bonus hotel units pursuant to the CRD
designation; 2) portions of any structures which exceed 100 feet are spaced at least 100 feet
apart (with no more than two structures which exceed 100 feet within 500 feet; or four structures
which exceed 100 feet within 800 feet so long as the elevations of all structures which exceed
100 feet when such structures are viewed from the east do not occupy a total of 40% of a north
south vertical plane which is parallel to the alignment of Coronado and North Mandalay of the
building envelope above 100 feet; and 3) the floorplate of any portion of a building that exceeds
45 feet in height is limited as follows: a) between 45 feet and 100 feet, the floorplate will be no
greater than 25,000 square-feet except for parking structures open to the public; b) between
100 feet and 150, the floorplate will be no greater than 10,000 square-feet; and c) deviations to
the above floorplate requirements may be approved provided the mass and scale of the design
creates a tiered effect and complies with the maximum building envelop allowance above 45
feet as described in Section C. 1.4.
Compliance with Design objectives regarding Bulk on page 56 is also a concern. A
possible design alternative could be a wedding cake design that moves the height and mass of
the building to the center and "stair steps" back from all property lines, especially from Gulfview
Boulevard, then secondarily from northern and southern property edges. A second alternative
could be a design with two towers that would achieve an opening/clear zone somewhere in the
middle of the site.
Regarding the number of towers that are permissible by Section B.2 above, the
approved Seashell project to the south (FL 01-01-01, 301 South Gulfview Boulevard) only had
to meet the first part of this Section, as it has two towers over 100 feet. This proposal must
meet the second part of this Section, which is the third and/or fourth tower in the vicinity over
100 feet in height, which now introduces the 40% solid (60% open) building envelop above 100
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feet and the restriction on floorplate size. This is illustrated on Page 58 of Beach by Design.
This section is a two-dimensional elevation formula, NOT volume measure as in some other
sections of the guidelines. The floorplate guidelines are shown on page 59 of Beach by Design.
Deviations are permissible from these requirements; however, the floorplate and 40% solid rules
are attempting to break up the mass of the building. In order to achieve the applicant's
calculation on Sheet A-0.02 of this 40% solid rule, the applicant has utilized a dimension of
1,110 lineal feet instead of the 800 lineal feet as provided by the rules. The applicant's architect
has utilized 200 feet north of the proposed north property line in his calculation. When this 200
feet is not used in the calculation, the combined elevation area (22,228 square-feet), divided by
the new total area (45,500 square-feet), produces a 48.85 solid ratio, exceeding the 40% rule.
This proposal needs to address not only the specific language in the design but also the spirit of
the language.
The Design Guidelines provide a maximum 25,000 square-foot floorplate for floors
between 45 feet and 100 feet. Levels 5 through 9 all exceed this maximum, with floorplates
ranging from 37,325 square-feet to 49,001 square-feet. Between 100 and 150 feet, the Design
Guidelines provide a maximum floorplate of 10,000 square-feet. Levels 10 through 14 all
exceed this maximum, with floorplates ranging from 32,000 square-feet to 39,993 square-feet.
The proposal anticipates vacation of the eastern portion of Gulfview Boulevard and
vacation of First Street from Coronado Drive to South Gulfview Boulevard. As proposed in
Beach by Design, South Gulfview Boulevard will be relocated farther west as part of a
serpentine, beachwalk design. Its new configuration will include a two-way, two-lane road
section and pedestrian way and bicycle path. The proposal also includes the dedication by the
developer of 18 feet of right-of-way along Coronado Drive and a 60-foot right-of-way for
proposed Second Street. The approval of this request must be subject to the City Council
approval of the declaration of surplus right-of-way and trade with the developer.
Staff has included the vacation requests as a component of the overall project in
advance of the final vacation. Clearly, both the vacations of First Street and the South Gulfview
Boulevard and the relocation of South Gulfview Boulevard are critical to this project and the
Beachwalk project.
The Development Review Committee reviewed the application and supporting materials
on April 1 and July 8, 2004. The Planning Department recommends denial of the (1) Flexible
Development application to Terminate the Status of a Nonconformity for density within the
Tourist District, under the provisions of Section 6-109.C; (2) the Flexible Development
application to permit 350 overnight accommodation units and 75 attached dwellings as a mixed
use (with increase in density of 250 hotel rooms from the Beach by Design density pool), with a
reduction to the front (east along Coronado Drive) setback from 15 feet to zero feet (to building),
a reduction to the front (south along proposed Second Street) setback from 15 feet to zero feet
(to building), a reduction to the front (west and north along South Gulfview Boulevard) setback
from 15 feet to zero feet (to building), an increase to the building height from 35 feet to 150 feet
(to roof deck) with an additional five feet for perimeter parapets (from roof deck) and an
additional 33 feet for elevator, stair, mechanical rooms/architectural embellishments (from roof
deck), deviations to allow stacked parking, allow access to a major arterial street and allow a
building within the required sight visibility triangles at the intersection of Coronado Drive and
proposed Second Street, as a Comprehensive Infill Redevelopment Project, under the
provisions of Section 2-803.C, and to eliminate the required foundation landscaping along
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Coronado Drive and proposed Second Street, as a Comprehensive Landscape Program, under
the provisions of Section 3-1202.G; and (3) the vacation of a portion the right-of-way for
Gulfview Boulevard between Coronado Drive and proposed Second Street, the vacation of the
First Street right-of-way between Coronado Drive and Gulfview Boulevard, the dedication of
right-of-way for proposed Second Street between Coronado Avenue and Gulfview Boulevard
and the dedication of right-of-way for Coronado Drive between proposed Second Street and
Gulfview Boulevard, for the sites at 100 Coronado Drive and 201,215 and 219 South Gulfview
Boulevard, with the following bases: Bases for Denial: 1) The proposal does not comply with the
Flexible Development criteria as a Comprehensive Infill Redevelopment Project per Section 2-
803.C.; 2) The proposal is not in compliance with other standards in the Code including the
General Applicability Criteria per Section 3-913.; and 3) The proposal does not comply with the
Design Guidelines of Beach by Design, as described above.
It was questioned if staff had researched the effectiveness of car lift technology. Mr.
Wells said while car lifts are used in the northeastern United States, the technology is new to
Clearwater. An information sheet from the manufacturer has been submitted.
In response to a question, Mr. Wells reported PBS&J (Post, Buckley, Schuh and
Jernigan, Inc.) is designing Beach Walk. Staff has had significant discussions regarding
setbacks and the scale and mass of the project. One staff concern is that the scale and mass
are too great for the size of the property. Mr. Wells suggested the request for 250 rooms from
the bonus pool may be causing some issues related to mass and scale. Other developers are
in the process of coming forward with similar requests. Staff does not oppose the process to
convert motel rooms to condominiums.
In response to a request from Lisa Shasteen, Representative, for "party status," Ms.
Dougall-Sides indicated the applicant and his representatives automatically have party status.
Ms. Shasteen reviewed the request, which is an opportunity to redevelop a highly visible,
keystone property on the beach. She said the assemblage of land already has occurred. She
said the objectives of Beach by Design are to revitalize the beach and reposition it as a resort
destination. She said it is important to retain tourism, where condominiums are replacing hotel
units. She said the proposed project will feature a classical design and full amenities. She said
applicant Antonios Markopoulos has 35 years of hotel and restaurant experience and reviewed
his background on Clearwater beach. She said the original proposal for 465 gulf-front rooms
was withdrawn. She said this proposal is for 350 rooms and 75 condominiums, with half facing
Clearwater Harbor to reduce the mass.
Ms. Shasteen said Mr. Markopoulos is taking a risk, developing a $100-million project.
She said the project will feature excess parking and a 20,000 square-foot convention center.
While fifteen parking spaces will be offered for public use at all times, she said additional
parking will be available for the public when not used by the hotel. She said the planned
pedestrian bridge over Gulfview Boulevard will provide a welcoming point for visitors. She said
the project will revitalize the beach. She said Mr. Markopoulos has offered to pay a
proportionate share of Beach Walk. She said under the proposed land swap, the City will gain
5,000 square-feet of land, which can be used to improve traffic circulation and access. She said
staff's recommendation indicates the project meets 13 or 14 criteria, but she felt the project
meets all 14.
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Keith Zayak, representative, said the project attempts to incorporate a positive beach
experience, improve Coronado Avenue, slow and reduce traffic on Gulfview Boulevard, expand
the hard and soft scape, provide tourists something exciting to do, create a gateway to south
beach, increase the capacity of the Coronado/Gulfview intersection, and accommodate new
flood zones, permitting water to flow through velocity zone property. He said project
representatives met with large and small community groups and staff to discuss the vision and
incorporate concerns and comments in the project. He said the Clearwater Beach Chamber of
Commerce supports the proposal. He said representatives also met with the City Manager and
Assistant City Manager and participated in work sessions with engineering staff to address
problems. He said the developer agreed to help design and construct the Beach Walk
promenade, which must be elevated to meet flood requirements. He said Mr. Markopoulos will
dedicate 18 feet along Coronado Avenue to allow construction of five lanes of traffic plus
sidewalk. He said the proposal would relocate 1 st Street away from the roundabout to a three-
lane "2nd Street." He said during high-traffic, approximately 44 vehicles could fit in the front
area. He said the first floor parking garage could be used for additional stacking. He said the
front entrance and garage will feature 24-hour valet service. He said the project also provides
pedestrian access to the beach. He said project representatives worked with staff to design
adequate sidewalks on the north end of the project to facilitate pedestrian movement along
Coronado Avenue, to Gulfview Boulevard, to the beach.
Mr. Zayak said the project will have 654 parking spaces, where only 478 are required.
He said the project will benefit the City by constructing 500 feet of Beach Walk, providing 350
quality, 400 square-foot hotel rooms, widening Coronado Avenue, and constructing a property
with exceptional architectural design. In response to a question, he said multiple options are
available for staging buses.
. Gerald Koi, representative, said he had reviewed hotel projects worldwide and was
tasked with designing the most fabulous destination resort that also complies with Beach by
Design and its goals, which includes promoting diversity in the scale, mass, and height of
buildings. He said the proposed experience is important to guests, pedestrians, vehicular
drivers, and residents. He said the signature architecture is pleasing, classical, grand, and
distinctive and result in a world-class address and destination resort. He said the garage will be
internalized and only seen from 1 st and 2nd Streets. He said the lobby will be elevated 7 feet
and provide a grand view of the Gulf. He reviewed planned terraces, cafes, and restaurants.
He said the pool deck level will include a health spa, arcade, large swimming pool, splash pools,
pool bar, outdoor wedding pavilion area, sunrise pool and cafe, etc. He said the building is
stepped back on the tips. He said the entryway triangle is cut back 20 feet from the street. He
said the tiers are a human scale experience. He said the project is only 3 floors above Beach
Walk. He said the pool deck is vital to guest experiences. He said another solution, multiple
east/west buildings, 100 feet apart, would be repetitive and not provide a good guest
experience. He said the project's density is similar to the new "Seashell" project, already.
approved. He said volume above 34 feet is less than 36%.
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Eleven people spoke in support of the project. One person spoke in opposition.
Planning Director Cyndi Tarapani said staff spent many hours working with the applicant
and his representative. The original submitted project had a different architect. Staff worked
with the applicant last summer to develop a term sheet, which was approved by the City Council
in September 2003. Meetings with staff in January and February 2004 focused on FEMA
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(Federal Emergency Management Authority) issues, which requires the Beach Walk pedestrian
walk to be elevated. The proposal to vacate property required initial City Council action. The
DRC (Development Review Committee) reviewed the project in July 2004. Ms. Tarapani said
Beach by Design cannot be separated from design, which matters. She said the applicant and
staff have very specific disagreements regarding Beach by Design requirements. Staff had
determined the project does not meet Beach by Design requirements.
Ms. Tarapani said three towers, as suggested by Mr. Koi, would not be permitted, due to
the previous approval of the nearby "Seashell" project towers. She said the project is too
massive to meet the viewing requirement from 800 feet. She said the project's volume above
34 feet is 49%. She said the applicant's claim that he will pay almost half of the Beach Walk
project is false. City Engineer Mike Quillen reported this project will front 790 feet of Beach
Walk, which will total 2,330 feet. This applicant's share of the $9-million Beach Walk project is
estimated at $3.3-million.
Ms Tarapani said staff favors redevelopment but needs to balance that with economic
benefits and the design of the project. In response to a question, she said Beach by Design
only permits two towers within 500 feet. She said Beach by Design permits flexibility and
interpretation for every design issue except structure height and mass. It was indicated the
COB's decision is bound by Beach by Design requirements. Concern was expressed south
beach not feature a monotonous look. Mr. Koi reiterated his claim that the project is one-third
less dense than allowed by Beach by Design.
Ms. Shasteen said the applicant is tired of the 4-year process. She said the project
meets all 14 Beach by Design guidelines. She said if this project is not approved, the developer
will not be back as the process is too costly and time consuming. She said Mr. Markopoulos
has made a great effort. She said if the project is not approved, Mr. Markopoulos can operate
his existing hotels, refurbish them, or construct condominiums. She said if no resort is
constructed it would be a loss for the City and County. In response to a question, Ms. Shasteen
said several flags have indicated they want to be involved with the project. She expressed
concern flags charge 10% of a property's income. She said most 5-star hotels are not flags.
She said the applicant is only guaranteeing a 3-star project, as a 4-star AAA (American
Automobile Association) rating cannot be guaranteed at opening. She said the applicant
promises the property will feature upscale amenities.
Discussion ensued with comments that someone is not wanting to invest $1 OO-million in
Clearwater beach every day, the City has wanted to improve the beach for many years, the
applicant has done all possible to cooperate, the project is not too massive and cumbersome,
the present hotel blocks views, Clearwater beach needs a first class hotel, too many
condominiums are replacing motel units on the beach, this project will attract tourists, and the
project meets all Beach by Design requirements. Additional comments were made that staff
has done an excellent job on this application, the project is challenging on many levels,
philosophically, the project should happen, Clearwater beach will mature to a high class asset
from its "Mom and Pop" status, the development agreement will provide a great opportunity to
further negotiate certain issues such as providing more public parking, the plans and amenities
are exciting, the timing for the project is right, and the proposed development is first class.
Additional comments were made that Beach by Design should be changed if its regulations are
not relevant, a quality resort can meet the intent of Beach by Design guidelines, the building's
mass is too great, more effort should have been made to step the north and south ends of the
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project, the project has significantly more density than normally allowed by Code, and the height
could be increased to provide view corridors, which the project lacks. Additional comments
indicated that the project covers too much of the lot but the design is attractive.
Member Johnson moved to approve Item G2, Case: FLD2004-02013 for 100 Coronado
Drive and 201, 215, and 219 S. Gulfview Boulevard. The motion was duly seconded.
Discussion ensued regarding conditions of approval. Ms. Dougall-Sides said it would be
unusual for the board to direct staff to work out conditions with the applicant, following the vote.
Ms. Tarapani said it would be inappropriate for the board to suggest staff take a recess and
work out conditions with the applicant now, as much thought and consideration is necessary. In
response to a question, she said at its second meeting in September, the City Council will make
a final decision regarding the development agreement, including the proposed street vacation
and land swap.
Mr. Zayak agreed the discussion related to the Development Agreement could be tabled
and for conditions to be attached later.
Upon the vote being taken, Members Doran, Moran, Johnson, and Alternate Member
Dennehy voted "Aye"; Members Gildersleeve and Plisko voted "Nay." Chair Hooper abstained.
Motion carried.
H. LEVEL THREE APPLICATIONS (Item 1):
1. Case: DVA2004-00001 -100 Coronado Drive and 201, 215 and 219 South Gulfview
Boulevard (Related to FLD2004-02013)
Owners: Antonios Markopoulos, T. M. Megas and Kolossos Inn, Inc.
Applicant: Antonios Markopoulos.
Representative: M. Lisa Shasteen, Esq. (2920 Harbor View Avenue, Tampa, FL 33611;
phone: 813-220-3000; fax: 813-831-8140).
Location: 2.739 acres located to the south of and between South Gulfview Boulevard
and Coronado Drive.
Atlas Page: 276A.
Zoning District: Tourist (T).
Request: Review of, and recommendation to the City Council, of a Development Agreement
between Antonios Markopoulos, T. M. Megas and Kolossos Inn, Inc. (the property owners) and
the City of Clearwater.
Proposed Use: Hotel of 350 rooms (127.78 rooms/acre), 75 attached dwellings (27.38
units/acre) and a maximum of 37,000 square feet (0.31 FAR) of amenities accessory to the
hotel, at a height of 150 feet (to roof deck) with an additional five feet for perimeter parapets
(from roof deck) and an additional 33 feet for elevator, stair, mechanical rooms/architectural
embellishments (from roof deck).
Neighborhood Association: Clearwater Beach Association (David MacNamee, 827 Mandalay
Ave., Clearwater, FL 33767; phone: 727-446-5801; email: dmacnav@att.net); Clearwater
Neighborhoods Coalition (Doug Williams, President, 2544 Frisco Drive, Clearwater, FL 33761;
phone: 727-725-3345; email: Diw@qte.net).
Presenter: Wayne M. Wells, AICP, Planner III.
Chair Hooper declared a conflict of interest and remained off the dais.
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The properties total 2.427 acres and are to the south of and between South Gulfview
Boulevard and Coronado Drive. The properties are developed with motels (Days Inn, Beach
Towers Motel, Spyglass Motel, and Golden Beach Motel) and numerous retail sales and
restaurant uses. The surrounding area is intensely developed with predominantly commercial
uses, including restaurants, motels, hotels and retail sales and services. A City-owned parking
lot is across Gulfview Boulevard to the west. All existing structures (buildings and pavement)
within the site area will be razed for construction of the proposed improvements. The site also
includes a portion of the eastern and northern half of the South Gulfview Boulevard right-of-way
and the First Street right-of-way, between South Gulfview Boulevard and Coronado Drive
(proposed to be vacated for a new acreage of 2.739 acres). The site is located within the Beach
Walk District of the Beach by Design Plan.
The proposal includes a companion Flexible Development request for a hotel of 350
rooms (127.78 rooms/acre on total site), 75 attached dwellings (27.38 units/acre on total site)
and a maximum of 37,000 square-feet (0.31 FAR) of amenities accessory to the hotel (case
FLD2004-02013). As part of the development proposal, the applicant will be providing 15
parking spaces available to the public.
The proposal anticipates vacation of the eastern portion of Gulfview Boulevard and
vacation of First Street, from Coronado Drive to South Gulfview Boulevard. As proposed in
Beach by Design, South Gulfview Boulevard will be relocated farther west as part of a
serpentine, Beach Walk design. Its new configuration will include a two-way, two-lane road
section and pedestrian way and bicycle path. The proposal also includes the dedication of 18
feet of right-of-way along Coronado Drive and a 50-foot right-of-way for proposed Second
Street. On July 15, 2004, the City Council approved the declaration of surplus right-of-way and
trade with the developer of land vacated on South Gulfview Boulevard for this project, subject to
approval of this Development Agreement and Ordinance #7289-04, vacating this portion of the
rig ht -of-way.
The vacation requests are a component of the overall project in advance of the final
vacation. Clearly, the vacations of First Street and South Gulfview Boulevard and the relocation
of South Gulfview Boulevard are critical to this project and the Beach Walk project.
The proposed Development Agreement sets forth public/private obligations. The City
recognizes the economic and aesthetic benefits that will result from private development. The
applicant recognizes the benefit of public improvements that directly affect the marketability of
the project and the character of the general area surrounding the project.
The DVA (Development Agreement) sets forth main provisions: 1) The proposed DVA
requires the applicant to construct a hotel with a minimum of 350 rooms and a maximum of 450
rooms (DVA Section 2.03.1.c). The companion Flexible Development application (FLD2004-
02013) is for a 350-room hotel and 75 attached dwellings (condominiums). The DVA provides
that additional Flexible Development review will be necessary should the developer elect to
deviate from the site plan as currently proposed (DVA Section 2.03.1.d). It is noted that to
derive the proposed 450 rooms for the hotel and attached dwelling calculation, the companion
Flexible Development application includes a Termination of Status of Nonconformity for the
existing 200 hotel rooms and the allocation of 250 rooms from the density pool for the hotel,
established by the City pursuant to Beach by Design (DVA Section 3.01.3). Length of
Community Development 2004-08-17
49
.
.
.
stay/occupancy of the hotel rooms will not exceed 30 days (OVA Section 2.03.4). Rentals of the
attached dwellings (condominiums) will meet Code provisions limiting short-term rentals (OVA
Section 2.03.4). The allocation of the additional hotel units from the density pool expires three
years from the effective date of the agreement, whereby these additional hotel units return to
the density pool, unless construction has commenced on the project or the developer makes
payment of the developer's pro-rata share of the construction of the Beach Walk improvements
(OVA Section 3.01.3). Transportation Impact Fee credits may be applied to the developer's pro-
rata share of the construction costs for the Beach Walk improvements (OVA Section 3.02.4).
Commencement of construction is not solely the demolition of the existing site improvements,
but actual construction of at least the foundation or other structural element of the proposed
structure (OVA Section 1.01.5); 2) As a condition of the allocation of hotel units from the density
pool, minimum quality standards for the hotel are set forth in the agreement. These require, as
a minimum, four-diamond rating from membership in AAA or the Mobile Travel Guide, OR a
minimum three-diamond rating from the same organizations, with the inclusion of hotel
upgraded improvements and facilities set forth in the agreement (see also OVA Section 2.03.5);
3) In conjunction with the vacation of the rights-of-way of First Street and a portion of South
Gulfview Boulevard, the developer will dedicate 60 feet of right-of-way for proposed Second
Street on the south side of the project and 18 feet for Coronado Drive (OVA Sections 1.01.35
and 5.03.1). The agreement provides for the Land Exchange Agreement, with regard to the
declaration of surplus land (see also OVA Section 5.03.6). The vacation of rights-of-way is
conditioned upon the commencement of construction of the hotel. The developer, at his cost,
will construct the proposed Second Street (OVA Section 5.05.3); 4) The City will construct
Beach Walk and the developer will pay a Pro Rata Share of this improvement. The developer is
responsible for funding the costs associated with his front footage in relation to the total frontage
of the Beach Walk project (OVA Section 5.05.8); 5) The developer may elect to construct an
elevated pedestrian access bridge over South Gulfview Boulevard, which will be publicly owned,
but with a license agreement for the construction, operation, and maintenance of the bridge and
bridge landing (OVA Section 1.01.24). The specific location of the landing needs to be
determined and acceptable to the City. It must be located and designed to accommodate
appropriate Americans with Disabilities Act (ADA) accessibility requirements and cannot
interfere with existing City structures. The Developer is requesting a license agreement for 50
years with a 50-year renewal (OVA Section 5.03.7); 6) The developer is requesting to be
granted the right to operate concessions from the concession facilities for an initial term of 50
years with a 50-year renewal (OVA Section 5.03.7). Concession facilities may include
provisions for towels, showers and lockers, chairs, umbrellas, cabanas and other beach gear,
minimal beach sundries and sale of packaged snacks and non-alcoholic beverages, required to
operate a first-class beach hotel; 7) Outdoor cafe seating will be provided in conjunction with the
hotel and restaurants within the right-of-way of South Gulfview Boulevard (shown on the
companion site plan application FLD2004-02013), as part of the Beach Walk (OVA Section
5.03.4); 8) Within the proposed hotel parking garage, 15 parking spaces will be available for
public use (OVA Sections 1.01.29, 2.03.1 and 5.05.4). These will be accessible from the
proposed Second Street on the south side of the site. They will be managed by the developer,
who may impose a market based fee rate to the customer/public; 8) Prior to the issuance of the
final Certificate of Occupancy, the developer will implement a transportation system
management plan, including guest shuttles to the airport and activities, employee shuttles and
other measures to minimize vehicular trips associated with the hotel (OVA Section 2.03.5.d); 9)
Prior to the issuance of the final Certificate of Occupancy, the developer will submit a hurricane
evacuation plan to the City, establishing the practices and procedures to be implemented
leading to the evacuation of the hotel in the event of the declaration of a hurricane watch (OVA
Community Development 2004-08-17
50
.
Section 2.03.5.e); 10) The City will coordinate the design and construction of the relocated
South Gulfview Boulevard and Beach Walk improvements (DVA Section 5.03.2); 11) Article 16
of the Development Agreement sets out the abilities of the developer to sell, convey, assign,
transfer or otherwise dispose of the project and the Development Agreement, setting out the
provisions prior to and after the payment of the developer's pro-rata share; and 12) The
Development Agreement expires ten years following the effective date (date approved by City
Council) (DVA Sections 1.01.13 and 16.18.1).
The CDB has been provided the most recently negotiated Development Agreement,
submitted and date stamped July 15, 2004. Further negotiations may amend some business
provisions in the agreement prior to consideration by the City Council.
The City Council may enter into Development Agreements to encourage a stronger
commitment on comprehensive and capital facilities planning, ensure the provision of adequate
public facilities for development, encourage the efficient use of resources, and reduce the
economic cost of development. The CDB is required to review the proposed Development
Agreement and make a recommendation to the City Council.
.
Although the City and developer are in agreement with regard to the major business
points of the Development Agreement, the outstanding issue is the allocation of the hotel units
from the density pool. Based on the analysis in the companion site plan application (FLD2004-
02013), the number of units requested from the pool creates a design inconsistent with Beach
by Design. If the requested number of units were reduced, the size of the building also would
be reduced and it would be feasible to meet the design requirements of Beach by Design. Staff
also is not in agreement to a license agreement with a term exceeding 50 years. Therefore, due
to the excessive number of hotel pool units requested, the Planning Department recommends
denial of the Development Agreement. Should the project be reduced in size and scale and
redesigned in accordance with the Beach by Design, the City Council could reconsider the
Development Agreement since the Planning Department and Administration agree with the
major provisions.
The Development Review Committee reviewed the application and supporting materials
on April 1 and July 8, 2004. The Planning Department recommends denial of, and
recommendation to the City Council on, a Development Agreement between Antonios
Markopoulos, T. M. Megas and Kolossos Inn, Inc. (the property owners) and the City of
Clearwater for the sites at 100 Coronado Drive and 201, 215 and 219 South Gulfview
Boulevard, with the following bases: Bases for Denial: 1) The number of pool units requested is
excessive and creates a design that does not meet the Design Guidelines within Beach by
Design.
Mr. Zayak said the applicant agrees to continuing this item to establish conditions for
approval. Ms. Dougall-Sides reported some issues related to the terminus of the pedestrian
bridge and Beach Walk contributions need to be addressed.
Member Gildersleeve moved to continue Item H1, Case: DVA2004-00001 for 100
Coronado Drive and 201, 215, and 219 South Gulfview Boulevard to a date uncertain. The
motion was duly seconded.
.
Community Development 2004-08-17
51
It was recommended the development agreement gain as many public parking spaces
. as possible and include a time schedule for parking availability.
Upon the vote being taken, the motion carried unanimously.
I. DIRECTOR'S ITEMS:
Discussion of required data shown on submitted elevations.
Mr. Gerlock questioned if applicants are required to submit colored elevations.
Discussion ensued with comments that applications should be consistent, colored elevations
should be submitted only for Downtown or Beach by Design projects, and colored elevations
should be required if staff feels they are necessary to address design issues. Ms. Fierce
indicated infill criteria require the design to be better than normal. She said color is important for
the design of the proposal. Staff reviewed current cases. One person had wanted to submit
color chips instead of colored elevations. Mr. Gerlock said color is important for large scale
projects.
Discussion ensued with comments that colored elevations are expensive to produce, a
square-foot minimum could be established, staff should use its best judgment, producing sets of
15 for CDB review is expensive, submitted colored elevations could be limited to the primary
fa<;ade, and color chips should be sufficient for small projects.
Consensus was for the applicant to submit a colored elevation for the primary fa<;ade,
and include a list of colors for the other elevations.
. It was recommended that packets be delivered in a more timely manner as it is
unreasonable for volunteers to receive information five days prior to the meeting and review it
before the meeting. Ms. Fierce said Code requires staff to deliver the materials five days prior
to the meeting. Staff is doing the best it can and hopes to deliver the packets earlier. Ms.
Fierce said while the number of applications has not slowed, only three of six staff positions
currently are filled.
J. ADJOURNMENT
The meeting adjourned at 7:15 p.m.
Chair
Community Development Bo rd
.
Community Development 2004-08-17
52
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME-FIRST NAME-MIDDLE NAM
C
~
o OTHER LOCAL AGENCY
DATE ON WHICH VOTE OCCURRED
o ELECTIVE
-..e--m>POINTIVE
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 votin~
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 ()fficer also is prohibited from knowingly voting on a mea-
'ure 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
parent 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 busi!1ess 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" includ~s only the officer's fath~r. mother, son; daughte~, 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, coowrer 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 influence the decision, whether orally or in writing and whether made
by you or at your direction.
IF 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 8S - 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.
r .-
. ,
.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
. l". '0.
· 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 th~
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
I, ~~~\.~ ~. \~~~a
, hereby disclose that on
~~. \1
.
20 f\Ll .
,~,
(a) A measure came or will come before my agency which (check one)
~ inured to my special private gain or loss;
inured to the special gain or loss of my business associate,
inured to the special gain or loss of my relative,
inured to the special gain or loss of
whom I am retained; or
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:
, by
,which
.
~ ~'1.l<~ ~'L ~I(\\~ ~ ~\ ~'\ ~~~,,~ \,.:> ~
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~~~ ~ 1\;'- I{" "\
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~~v.. ~~ ~~_ \j~~~
~\n\\)~
Date Filed \ \
~~~~
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: IMPEACHM.
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, 01 H
CIVIL PENALTY NOT TO EXCEED $10,000.
CE FORM 88 . EFF. 1/2000
PAGE 2
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME-FIRST NAME-MIDDLE NAME
o OTHER LOCAL AGENCY
o ELECTIVE
WJ--APPOINTIVE
WHO MUST FILE FORM 88
This farm is far use by any persan serving at the caunty, city, ar ather lacallevel af gavernment an an appainted ar elected baard, cauncil
cammissian, autharity, ar cammittee. It applies equally to. members af advisary and nan-advisary badies who. are presented with a vatin~
canflict af interest under Sectian 112.3143, Flarida Statutes.
Yaur respansibilities under the law when faced with vating an a measure inwhich yau have a canflict af interest will vary greatly depending
an whether yau hald an elective ar appaintive pasitian. Far this reasan, please pay c1ase attentian to. the instructians an this farm befare
campleting the reverse side and filing the farm. .
. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A persan halding elective ar appaintive caunty, municipal, ar ather lacal public affice MUST ABSTAIN fram vating an a measure which
inures to. his ar her special private gain ar lass. Each elected ar appainted lacal cfficer also. is prahibited from knawingly voting an a mea-
'ure which inures to. the special gain cr Icss af a principal (cther than a gcvernment agency) by wham he cr she is retained (including the
parent arganizatian ar subsidiary of a carpcrate principal by which he cr she is retained); to. the special private gain cr lass cf a relative; cr
to. the special private gain cr Icss <;>f a business asscciate.Commissianers cf community redevelapment agencies under Sec. 163.356 or
163.357, F.S., and afficers ahndependent s'pecial tax districts elected an acne-acre, ane-vcte basis are nat prahibited fram voting in that
capacity.
. J.,. .
Far purpases af thip law, 'a :'relative" includes anly the afficer's father, mother, son, daughter, husband, wife, brather, sister, father-in-law,
mather:i~-Iaw, san-in-Iaw, and daughter-in-law. A "business assaciate" means any persan ar entity; engaged in ar carrying an a business
enterprise with the ,afficer as a partner, joint venturer, coawner af praperty, ar carparate sharehalder (where the shares af the ccrparatian
are nat'listed an any"nati0l1al ar regianal stack exchange).
t.
ELECTED OFFICERS:
In additian to. abstaining fram vating in the situatians described abave, yau must disclose the canflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to. the assembly the nature af yaur interest in the measure an which yau
are abstaining fram vating; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by campleting and filing this farm with the persan respansible far recarding the min-
utes af the meeting, who. shauld incarparate the form in the minutes. "
APPOINTED OFFICERS:
Althaugh you must abstain fram voting in the situations described abave, you otherwise may participate in these matters. Hawever, yau
must disclase the nature af the canflict before making any attempt to. influence the decisian, whether arally ar in writing and whe1her made
y ycu ar at your directian.
F YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
. Yau must camplete and file this farm (befare making any attempt to. influence the decisian) with the persan respansible for recarding the
minutes af the meeting, who. will incarparate the farm in the minutes. (Cantinued an ather 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 atter the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE tylEETING:
· You must disclose orally the nature of your conflict. in the measure before participating.
.. . to .~ ,"
· You must complete the form and file it within 15 days atter 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 atter the form is filed.
.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
~..,'~'-~ ~. ~~Q<-\L , hereby disclose that on ~~'{l \l
.20~
I,
(a) A measure came or will come before my agency which (check one)
~ inured to my special private gain or loss;
inured to the special gain or loss of my business associate,
inured to the special gain or loss of my relative,
inured to the special gain or loss of
whom I am retained; or
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:
, by
,which
~~~/S ~~ ~~~"'-\)~\:)~ ~ ~,,~ ~~~"'\fJ~~(j\
-j... ~(l~~..,,\ ~~ t\.W\~ \~ ~'i:. ~~~~ ~~ ~,~
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.
~\\,,\ 2~'{
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: IMPEACHM.
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, "
CIVIL PENAL TV NOT TO EXCEED $10,000.
CE FORM 88 - EFF. 1/2000
PAGE 2
COMMUNITY DEVELOPMENT BOARD
Meeting Date: AU2ust 17, 2004
I have conducted a personal investigation on the personal site visit
to the following properties.
669 Bay ESPlanad/,
yes
FLD2004-030 18
Virginia Franks
no
517 Skyview A venue FLD2004-04030 loann A Palmeri
/no
yes
619 S Gulfview Boulevard FLD2004-05033 William M Shephard Trustee and
/ Lagoon Resort Motel
yes no
628 Cleveland Street FLD2004-05036 Community Redevelopment Agency
/no and Tone 40, LLC
yes
2334 Anna Avenue AN X270 8 Christopher Swecker
yes
no
3108 Downing Street ANX2~009 Michael Ciaramello
yes no
~ ~ O:f~
S:\Planning Department\C D B\CDB, property investigation check list.doc
COMMUNITY DEVELOPMENT BOARD
Meeting Date: AU2ust 17~ 2004
I have conducted a personal investigation on the personal site visit
to the following properties.
669 Bay Esplanade
FLD2004-030 18
Virginia Franks
~ yes
no
517 Skyview Avenue
FLD2004-04030
Joann A Palmeri
~yes
no
619 S Gulfview Boulevard FLD2004-05033
William M Shephard Trustee and
Lagoon Resort Motel
.......---
yes
no
628 Cleveland Street
FLD2004-05036
Community Redevelopment Agency
and Tone 40, LLC
~s
no
2334 Anna Avenue
ANX2004-05008
Christopher Swecker
~yes
no
3108 Downing Street ANX2004-05009
t ___yes no
Michael Ciaramello
~\\\\\Ji
S:\Planning Department\C 0 B\CDB, property investigation check list.doc
COMMUNITY DEVELOPMENT BOARD
Meeting Date: AU2ust 17 ~ 2004
I have conducted a personal investigation on the personal site visit
to the following properties.
669 Bay Esplanade /
-Lyes
FLD2004-030 18
Virginia Franks
no
517 Skyview A venue FLD2004-04030 Joann A Palmeri
1yes no
619 S Gulfview Boulevard FLD2004-05033 William M Shephard Trustee and
~es Lagoon Resort Motel
no
628 Cleveland Street FLD2004-05036 Community Redevelopment Agency
j and Tone 40, LLC
yes no
2334 Anna Avenue ANX2004-05008 Christopher Swecker
yes k- no
.\
J
3108 Downing Street ANX2kO~~09 Michael Ciaramello
yes
,
S:IPlanning OepartmentlC 0 SICOS, property investigation check list.doc
COMMUNITY DEVELOPMENT BOARD
Meeting Date: AU2ust 17~ 2004
I have conducted a personal investigation on the personal site visit
to the following properties.
669 Bay Esplanade
FLD2004-030 18
Virginia Franks
~,./
,/' yes
..
no
517 Skyview A venue FLD2004-04030 Joann A Palmeri
Lyes no
619 S Gu1fview Boulevard FLD2004-05033 William M Shephard Trustee and
/ Lagoon Resort Motel
yes no
628 Cleveland Street FLD2004-05036 Community Redevelopment Agency
and Tone 40, LLC
-dyes no
2334 Anna Avenu/ ANX2004-05008 Christopher Swecker
yes no
3108 Downing Str~I/' ANX2004-05009 Michael Ciaramello
, yes no
(; (6
l<w
Zqq) 'y(U;L./ ~
, /J A ,II ') (U ,;C
tf~ ( Vffl1,,"P,t.,J S:IPlanning OepartmentlC 0 SICOS, prope
I 671 CON; (Iff' 1'0 'YtnJf,
(
f-Vl~fL~
, }v~( ~11'If f1>
ifv~n 101
COMMUNITY DEVELOPMENT BOARD
Meeting Date: AU2ust 17~ 2004
I have conducted a personal investigation on the personal site visit
to the following properties.
669 Bay Esplanade I
(j yes
FLD2004-030 18
Virginia Franks
no
517 Skyview A ven; FLD2004-04030 Joann A Palmeri
~, yes no
619 S Gulfview Boulevard FLD2004-05033 William M Shephard Trustee and
/ Lagoon Resort Motel
1./ yes no
628 Cleveland Street r FLD2004-05036 Community Redevelopment Agency
j and Tone 40, LLC
yes no
,
2334 Anna A ventiy ANX2004-05008 Christopher Swecker
yes no
ANX2004-05009
Michael Ciaramello
yes
no
1
S:\Planning Department\C D B\CDB, property investigation check list.doc
~
COMMUNITY DEVELOPMENT BOARD
Meeting Date: AU2ust 17.. 2004
I have conducted a personal investigation on the personal site visit
to the following properties.
669 Bay Esplanade
dyes
517 Skyview Avenue
FLD2004-030 18
Virginia Franks
no
yes
FLD2004-04030
/no
Joann A Palmeri
619 S Gulfview Boulevard FLD2004-05033
William M Shephard Trustee and
Lagoon Resort Motel
628 Cleveland Street
/yes
2334 Anna Avenue
/yes
3108 Downing Street
yes
~/no
FLD2004-05036
Community Redevelopment Agency
and Tone 40, LLC
no
ANX2004-05008
Christopher Swecker
no
yes
ANX20~5009
V. ~no
Michael Ciaramello
COMMUNITY DEVELOPMENT BOARD
Meeting Date: AU2ust 17~ 2004
I have conducted a personal investigation on the personal site visit
to the following properties.
669 Bay ESPl~es
FLD2004-030 18
Virginia Franks
no
517 Skyview Avenue /' FLD2004-04030
~yes no
J oann A Palmeri
619 S Gulfview Boulevard
FLD2004-05033
William M Shephard Trustee and
Lagoon Resort Motel
~s
no
628 Cleveland Street
FLD2004-05036
Community Redevelopment Agency
and Tone 40, LLC
~
no
2334 Anna Avenue
V<S
ANX2004-05008
Christopher Swecker
no
,
/
3108 Downing Street
ANX2004-05009
Michael Ciaramello
no
S:\Planning Department\C 0 B\CDB, property investigation check list.doc
COMMUNITY DEVELOPMENT BOARD
Meeting Date: AU2ust 17 ~ 2004
I have conducted a personal investigation on the personal site visit
to the following properties.
669 Bay Esplanade
FLD2004-030 18
Virginia Franks
~
yes
no
517 Skyview Avenue
FLD2004-04030
Joann A Palmeri
yes >< no
619 S Gulfview Boulevard FLD2004-05033
William M Shephard Trustee and
Lagoon Resort Motel
)(
yes
no
628 Cleveland Street
FLD2004-05036
Community Redevelopment Agency
and Tone 40, LLC
~yes
no
2334 Anna Avenue
ANX2004-05008
,X no
Christopher Swecker
yes
3108 Downing Street
yes
ANX2004-05009
)(. no
. ,
Michael Ciaramello
S:IPlanning DepartmentlC D BlCDB, property investigation check list.doc