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10/19/1999COMMUNITY DEVELOPMENT BOARD MEETING CITY OF CLEARWATER October 19, 1999 Present: Gerald Figurski Chair Edward Mazur, Jr. Vice Chair David Gildersleeve Board Member Shirley Moran Board Member Carlen A. Petersen Board Member Alex Plisko Board Member William Johnson Board Member Also Present: Leslie Dougall-Sides Assistant City Attorney Ralph Stone Planning Director Cynthia Hardin Assistant Planning Director Mike Quillen Assistant Director of Engineering Gary Jones Senior Planner Mark Parry Planner Brenda Moses Board Reporter The Chair called the meeting to order at 1:00 p.m. at City Hall, followed by the Invocation, Pledge of Allegiance, and a review of meeting procedures and the appeal process. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. ITEM 1 – REQUESTS FOR CONTINUANCES – None. ITEM 2 – CONTINUED ITEMS A. Review of Conditional Use Approval of Majestik, Inc., (James Eftekhari, representative). As a condition of the 7/7/98 approval of a conditional use to permit a nightclub, the Community Development Board is required to review the approval after nine months. The property is located at 470 Mandalay Avenue. (Continued from the August 17, 1999, and October 5, 1999, meetings.) Planning Director Ralph Stone said staff has not heard from Mr. Eftekhari since his last request for continuance. Majestik’s answering machine indicates the establishment is closed for renovations. Mr. Stone said adjacent property owners represented by Attorney Harry Cline indicated they have a comfort level with the Police presence in the area as well as steps taken by the MCEB (Municipal Code Enforcement Board). City Inspector Scott Kurleman reported that an inspection of 470 Mandalay Avenue was done on June 28, 1999. Upon inspection, he found the property in violation of the landscape code. At the August 25, 1999, MCEB hearing, the property owner was found in violation of code and given 60 days to come into compliance. That board imposed a fine against the owner, not Majestik, Inc., of $100 a day for each day the violation continues to exist after the compliance date of October 24, 1999. In response to a question, Mr. Kurleman said Majestik, Inc. is not in operation at this time. Assistant City Attorney Leslie Dougall-Sides said as long as Majestik has an occupational license, the fine can continue to run even though the operation is closed. She said the property owner was present at the MCEB and has indicated that an eviction notice is pending against Majestik, Inc. The City Inspector could have cited both the tenant and property owner, but only chose to cite the property owner. Any fines incurred due to noncompliance will result in a lien against the property. It was noted that conditional use approval was granted in 1998 to Majestik, Inc., subject to specific conditions including landscaping requirements. It was noted that if Majestik does not meet those requirements by October 24, 1999, the board has the authority to revoke the conditional use permit. Ms. Dougall-Sides suggested the case be presented as a revocation at the next CDB (Community Development Board) hearing. In response to a question, Mr. Stone said under the new Code, nightclubs are permitted as a flexible use and a flexible standard use. At a minimum, once the conditional use is revoked, the applicant will be required to submit a new application for that use to the Development Review Committee. Any deviations requested from the standards associated with that use would require the CDB’s approval. Member Gildersleeve moved to table Item 2A and allow staff to present the case to the CDB as a revocation proceeding on November 16, 1999. The motion was duly seconded and carried 7:0. B. Sandy Buettner is requesting a Level Three Approval for 2561 Nursery Road to change the Future Land Use Map from Residential/Office General to Commercial General and rezone from the Office district to Commercial district. (Cont. from October 5, 1999) The applicant requests a Level Three approval to change the Future Land Use Map from Residential/Office General to Commercial General and rezone from the Office district to Commercial district at 2561 Nursery Road. The applicant wishes to bring the entire 2.6-acre parcel under the same land use and zoning classification of Commercial. A .56 acre portion of this parcel currently has a Residential/Office General land use and Office zoning classification. Planning Department staff recommends approval of: 1) amending the Future Land Use Plan designation of the subject site from Residential/Office General to Commercial General, and 2) amending the zoning district designation of the subject site from Office (O) to Commercial ©. Senior Planner Gary Jones said the original plans for the LeCher Professional Center did not include a formal drainage plan or retention pond. Assistant Director of Engineering Mike Quillen said the retention pond can be relocated on the undeveloped parcel, but would require SWFMD (Southwest Florida Water Management District) approval. Brad Messick, representative, said the retention pond is 110 X 50 feet, significantly smaller than the .56 acres the applicant wishes to rezone. In response to a question, Mr. Messick said he does not know why the retention pond was originally built. Member Gildersleeve moved approval of Item 2B, amending the Future Land Use Plan designation of the subject site from Residential/Office General to Commercial General, and amending the zoning district designation of the subject site from Office (O) to Commercial © at 2561 Nursery Road. The motion was duly seconded. Upon the vote being taken, Chair Figurski and Members Mazur, Gildersleeve, Petersen and Johnson voted “aye”; Members Plisko and Moran voted “nay”. Motion carried 5:2. ITEM 3 – LEVEL 2 APPLICATIONS A. Mr. Anthony P. Granese is requesting Flexible development approval of a Comprehensive Redevelopment Infill Project for an office on property located at 1004/1006 Drew Street with one side setback of two (2) feet, one side setback of five (5) feet, and a rear setback of four (4) feet in an Office District. The applicant requests flexible development approval of a Comprehensive Infill Redevelopment Project for an office complex with a front yard setback of 15 feet, rear setback of 4 feet, one side yard setback of 5 feet, and a second side yard setback of 2 feet; and approval of a Comprehensive Landscape Program. The adjacent land uses to the north, south, and west are residential, and to the east are Office. The zoning district is Office. The site consists of 2 lots. Lot 3 is vacant with a single-family residential building; the southerly building on Lot 4 is vacant and is zoned single family residential; the northerly building on Lot 4 is a duplex currently occupied by a single tenant. The applicant proposes to convert the vacant dwellings into offices and to maintain the duplex. The applicant also proposes to convert the 2 structures into a one-story office building. Requested setback reductions are needed in order to accommodate required parking and access onto the site from Drew Street. The applicant has met all 9 criteria required to receive Comprehensive Infill approval and has shown that the proposed development will improve the immediate neighborhood and the City as a whole. The applicant will provide a landscaping plan significantly better than required by Code. The proposal is in compliance with the standard and criteria for Flexible Development approval, with the maximum development potential, and with all applicable standards of the Community Development Code. The Planning Department recommends approval of the application for the conversion of two single family dwellings to office, including a front yard setback of 15 feet, rear setback of 4 feet, one side yard setback of 5 feet, and a second side yard setback of 2 feet, as well as approval of a Comprehensive Landscape Program at 1004/1006 Drew Street. In response to a question, Planner Mark Parry said parking spaces are calculated at 3 spaces for every 1,000 square feet of floor area. The applicant meets all parking requirements. Tom Radcliffe, representative, said the applicant wishes to change a nonconforming property into a reasonable use. He referred to a diagram of the parking areas. He said there are 4 parking spaces under the 2-story frame building. Tenants also use an additional 4 parking spaces in the existing rock area. The applicant meets the requirement without the 4 spaces in the rock area. It was noted the confusion over parking requirements stems from a difference between the construction plan, which indicates 4 parking spaces per 1,000 square feet, and the Code, which requires 3 spaces per 1,000 square feet. Mr. Parry said a total of 9 spaces are sufficient to satisfy the Code. Member Moran moved that based on the staff report and testimony at this public hearing, to approve Item 3A. The motion was duly seconded and carried 7:0. B. Dr. and Mrs. Louis M. Paolillo are requesting Flexible development approval of a Comprehensive Infill Redevelopment Project for an office with side yard setbacks of 5 feet, one front yard setback (Greenwood Avenue) of 23 feet and a second front yard setback (Jeffords Street) of 10 feet in an Office District, and a non-residential parking facility in a MDR (Medium Density Residential) district on property at 1010 Jeffords Street. Mr. Parry said the application involves 2 separate requests. The site consists of Lots 5-10, which are zoned office, and Lots 15 and 16 on the eastern portion of the site zoned MDR (Medium Density Residential). A portion of the parking will be located on Lots 15 and 16. There are 5 structures on the site, several of which are vacant and a mixture of single-family residential and office. The applicant wishes to demolish the site, creating one single medical office building, and provide extensive site improvements including landscaping. Adjacent uses to the north and south also are medical offices; to the east and west are residential uses. Redevelopment of the site presents problems for the applicant: 1) several large, mature live oaks that the applicant wishes to preserve, and 2) the site has 2 zoning districts. The preservation of the live oaks while providing adequate parking has dictated the placement of parking spaces and the building on the site. The applicant meets the criteria for Comprehensive Infill Projects, for off-street parking facilities in an MDR district, with the standards and criteria for Flexible development approval, and the Community Development Code. The Planning Department Staff recommend approval of the request for construction of an office building and off-street parking in an MDR district. It was requested that staff provide the CDB with a copy of the Community Development Code amendment relating to Office District Comprehensive Infill requirements. Steven Swanberg, representative, said the site is on a corner and requires 2 front setbacks which impacts the location of the proposed building. The applicant intends to include low walls around the perimeter of the building to add interest. Member Johnson moved that based on the staff report and testimony at this public hearing, to approve Item 3B. The motion was duly seconded and carried 7:0. ITEM 4 – LEVEL 3 APPLICATIONS LAND USE PLAN AMENDMENTS AND REZONING A. Stephen Watts, P.A., is requesting to change the Future land Use Map from Residential Urban to Residential/Office Limited and rezone from the Low Medium Density Residential district to the Office district for property located at 809 Druid Road. (LUZ 99-08-03). The applicant wishes amend the Comprehensive Plan’s Future Land Use Map from Residential Urban to Residential/Office Limited and rezone from the Low Medium Density Residential district to the Office districted for property at 809 Druid Road. The site size is approximately .34 acres. The current use is single family residential. Existing surrounding uses to the north include a funeral home and single-family residential properties; to the south and west is a church parking lot; and to the east is single-family residential. This plan amendment and rezoning application are requested by the property owner to convert a single-family residence into an office. Limited site improvements are currently planned for the site with the exception of handicapped access, staff parking, driveway, and landscaping. These issues will be addressed in more detail during the development review process. The proposed plan amendment is consistent with the City and Countywide Comprehensive Plans, is compatible with the surround area, does not require nor affect the provision of the 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) Amending the Future Land Use Plan designation of the subject site from Residential Urban to Residential/Office Limited, and 2) amending the zoning district designation of the site from Low Medium Density Residential (LMDR) to Office (O). Stephen Watts, owner, said a cross parking agreement with an adjacent property will enhance the green space, however the agreement is not necessary to meet parking requirements because the property size is large enough to meet the requirements on its own. Member Petersen moved that based on the staff report and testimony at this public hearing, to recommend to the City Commission approval of Item LUZ 99-08-03. The motion was duly seconded. In response to a question, Mr. Stone said it is not necessary for the board’s motion to include language regarding the cross parking agreement. Upon the vote being taken, the motion carried 7:0. ITEM 5 – APPROVAL OF MINUTES OF PREVIOUS MEETING: October 5, 1999 Member Gildersleeve moved approval of the minutes of the October 5, 1999, meeting as submitted in written summation to each board member. The motion was duly seconded and carried 7:0. ITEM 6 – DIRECTOR’S ITEMS A. Mr. Stone said the former Development Review Services Manager position has been filled. Member Moran made arrangements to have the Christmas luncheon in a private room at the Harborview Center at 11:30 a.m. on December 14, 1999. Members are responsible for the cost of their own lunch. Staff is welcome. Ms. Moran will extend an invitation to the Commissioners. The regularly scheduled December CDB meeting is rescheduled to December 14, 1999, at 2:00 p.m. at City Hall. In response to a question, Mr. Stone said staff will provide a more complete matrix of information regarding standards for Comprehensive Infill minimum and maximum criteria, Development Review Committee criteria and Community Development Code. In response to a question, Mr. Stone said the property on Sand Key at the site of the Gallery Restaurant is being developed as ten 4-story villas. Staff was complimented on information distributed to board members at each meeting. It was remarked that staff could eliminate one of the maps that are duplicated for each case. ITEM 7 – ADJOURNMENT The meeting adjourned at 2:00 p.m.