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02/15/2000 COMMUNITY DEVELOPMENT BOARD MEETING CITY OF CLEARWATER February 15, 2000 Present: Gerald Figurski Chair Edward Mazur, Jr. Vice Chair William Johnson Board Member David Gildersleeve Board Member Shirley Moran Board Member Carlen A. Petersen Board Member Alex Plisko Board Member Also Present: Leslie Dougall-Sides Assistant City Attorney Ralph Stone Planning Director Cynthia Hardin Assistant Planning Director Lisa Fierce Development Review Manager Gary Jones Senior Planner Gina Clayton Senior Planner Mark Parry Planner Patricia O. Sullivan 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. ITEM A - REQUESTS FOR CONTINUANCE/RECONSIDERATION Item A1 - 1802 Belcher Road - no application information provided (FL00-01-01) Development Review Manager Lisa Fierce stated the applicant had withdrawn the application. ITEM B - CONTINUED ITEMS - None. ITEM C - LEVEL 3 APPLICATIONS Item C1 - 608 Orange Avenue/609 Lime Avenue, Clearwater: Jerry and Lynda Gilliam - Owners. Request for rezoning from LDR (Low Density Residential) to LMDR (Low Medium Density Residential) districts. Parcel: 16/29/15/85176/006/0010 The applicant has amended the application and now requests a lower density than approved in December 1999 by the CDB (Community Development Board). If the CDB approves this request, board approval of a site plan also will be required. The subject 0.21-acre site at 608 Orange and 609 Lime avenues has 2 platted lots, 4,620 square feet each, and sufficient density to construct a second single-family residence on the rear lot. The site's single-family residence is addressed at 608 Orange Avenue. The property owner has submitted an application for Flexible Development, which is permitted on sites as small as 3,000 square feet. Nearby uses include high-rise mcd0200 1 02/15/00 multifamily, institutional, office, and single family residences on large and small lots. The development would be compatible with the surrounding area. Staff recommends approval. Senior Planner Gary Jones said prior to City Commission consideration of the original request, the property owner had amended his application, requesting a lower density in response to concerns that rezoning would permit a future owner to increase the number of onsite units. Assistant City Attorney Leslie Dougall-Sides said the Legal Department had recommended this issue be returned to the CDB. Applicant Jerry Gilliam said he plans to construct a single-family house on the rear lot. He said the lot next to his rear one is smaller and developed with a duplex. He said the planned residence would complete the buffer between single- and multi-family properties. He said the onsite residence had been converted to a duplex approximately 20 years ago. He recently removed the second kitchen and converted the building back to a single-family home. In response to a question, he said he had purchased the property from a real estate agent after confirming the parcels had separate numbers and descriptions. Concern was expressed regarding the amount of cement on the rear of the property. Five residents spoke in opposition to the request. A signed petition was submitted. Mr. Gilliam said the City must approve any change to the site plan. He said he is rehabilitating the current house and will construct one that is sensitive to concerns of residents in nearby neighborhoods. In response to a question, Planning Director Ralph Stone said the existing structure was non-conforming when it was configured as a duplex. That density was lost when the second kitchen was removed and cannot be regained without a zoning change. Staff has explored many options. The maximum density under the proposed zoning is two units. The area has a mix of zoning. The minimum size of lots in Harbor Oaks and Spottis Woods is 20,000-square feet. The next category requires lots to be at least 5,000-square feet. The existing structure is positioned far forward toward the street. If approved, the requested change will not result in spot zoning. The property owner cannot build a second house unless the zoning is changed and site plan approved. It was noted that both lots abut City rights-of-way. It was felt the rear lot has served as a back yard since the house was built. It was stated the alley next door separates zoning districts. Concern was expressed that construction of another house on the property will change the character of the neighborhood, which includes many homes occupying more than one lot. It was felt approval will set a precedent and allow denser development. Member Johnson moved that based on the staff report and by information submitted by the applicant, the Community Development Board recommends the City Commission approve rezoning 608 Orange Avenue and 609 Lime Avenue from LDR (Low Density Residential) to LMDR (Low Medium Density Residential) districts in Case motion Z99-10-01- amended. The was duly seconded. Members Mazur, Gildersleeve, Johnson, and Chair Figurski voted "Aye"; Members Moran, Petersen, and Plisko voted carried "Nay." Motion 4:3. mcd0200 2 02/15/00 Item C2 -3040 SR 590, Clearwater: Humane Society of North Pinellas, Owners. Request Flexible Development approval to terminate status of a nonconforming use. Parcel: 04/29/16/0000/330/0200 The Humane Society has occupied this 5.2-acre site at 3040 SR 590 for 50 years. The property has many mature trees, slopes to the east, and has significant vegetation and woods on its northern portion. The site has a 2,212 square foot main building, a 1,025-square foot support building encroaching into the west property line's setback, several kennels, and storage. The applicant plans to construct behind the main building a 5,630-square foot technical services building and a 3,360-square foot kennel area. A veterinary clinic is not a permitted use in the Institutional District. Expansion of the facility requires termination of its nonconforming status, which is due to insufficient landscape buffers, nonconforming signage, and parking in the right-of-way. The property's wooded area provides a 150-foot buffer from residential uses. Landscape buffers will be 15 feet along SR 590 and 10 feet along the eastern border. Buffering the west property line is impractical due to the buildings, fencing, and trees on the adjacent property. Off-street parking and traffic circulation will be improved. Parking in the right-of-way will be removed. All nonconforming signs and outdoor lighting will be terminated, removed, or conform with Code. The shed in the west setback will be moved. The freestanding sign will be replaced with one that meets Code. The DRC (Development Review Committee) reviewed the application on January 20, 2000. Staff recommends approval. It was suggested the new kennels be placed farther from the residential neighborhood. Planner Mark Parry said the new kennels will be 400 feet from the neighborhood. Concern was expressed about associated noise. Rick Bacon, representative, said the Humane Society needs to enlarge its clinic to minimize health hazards to animals. The 40 new runs will be used primarily for post- and pre-operative animals as well as some strays. He did not anticipate ambient noise will increase. He said the current runs will be converted to other purposes. The proposed structure will separate the clinic from pet adoption services. He said parking will be moved east of the main building from SR 590. In response to a question, Mr. Bacon said the Humane Society does not plan to add new services. Member Johnson moved that based on the staff report and by information submitted by the applicant, the Community Development Board approves the Flexible Development application to terminate the status of a nonconforming use at 3040 SR 590 motion carried in Case FL99-12-25. The was duly seconded and unanimously. Item C3 - 2475 Sunset Point Road, Clearwater: Premier Community Bank, Owners. Request for flexible development approval of Comprehensive In-fill Redevelopment Project and preliminary plat. Member Mazur stated he had a conflict of interest and left the dais before the presentation. This Flexible Development request for 2475 Sunset Point Road proposes to: 1) Lot One construct a 2-story, 13,000-square foot office building for Jani-King on (western parcel) with a 20-foot reduction in the east setback to 0-feet, a 4-foot reduction in the mcd0200 3 02/15/00 Lot west setback to 16 feet, and a 20-foot reduction in the south setback to 0-feet; 2) Two (center parcel) to retain bank building with 20-foot reductions in the east and west setbacks to 0-feet; 3) construct a 1-story, 6,921-square foot office building for the Red Lot Three Cross on (eastern parcel) with a 13-foot reduction in the west setback to 7 feet and a 10-foot reduction in the east setback to 10 feet; and 4) increase maximum parking from 81 to 124 spaces. The 4,100-square foot bank, with 5 drive-through bays and one escape lane, is on the western two-thirds of the 4-acre site. The 6-foot wall on the west separates the property from a single-family neighborhood. Florida Power's right-of-way abuts the property's eastern border. The site has many mature trees. Two signs, permitted under a previous Code, identify the bank. The applicant proposes to divide the site into 4 parcels. Traffic circulation on Lot Two will be redesigned and several drive-through bays will be removed. The applicant Parcel A intends to allocate development rights from , a common detention basin south of the bank, to Lot Two. A master site plan addresses the entire property. On-site landscaping will be upgraded. Staff feels the proposed structures are well designed. Although planned parking is 23% greater than permitted, the ISR (impervious surface ratio) will remain less than required by Code. The 2% open space fee is $15,678. The redevelopment, as proposed, will result in narrow lots requiring reduced setbacks, shared drive aisles and parking, and a single shared ingress/egress onto Sunset Point Road. Adjacent residential properties are approximately 80 feet from the proposed structures. All other surrounding uses are commercial and office. The DRC reviewed the application on January 27, 2000. Staff recommends approval with conditions: 1) Unity of Title shall be recorded with Pinellas County within 30 days of approval and 2) signage must comply with Code. Ms. Fierce said many mature trees on the subject property will be preserved. The Code requires setbacks even when a master site plan is used. Assistant Planning Director Cyndi Hardin said the lots will be platted and sold separately. Parcel A will be owned jointly by owners of the 3 lots and serve as a retention pond. Ms. Dougall-Sides recommended the applicant place the open space fee in escrow or provide a letter of credit to defer actual payment. Language in the Code needs to be amended to time this payment as required under the previous Code. It was noted while the site is large enough to construct a 40,000-square foot building, this request proposes a total of 24,000-square feet. Harry Cline, representative, said the City must approve all changes to the master site plan. He said the Red Cross will serve as an area headquarters during emergencies and requires additional parking to accommodate associated services. He said the site was designed to protect the mature oak trees and save as many trees as possible. A drive is planned 16 feet from the side setback to meet the minimum impervious needs of an oak tree. In response to a question, Mr. Cline said the property owners are discussing signage issues with staff. Jeff Amos, representative, said the property drains to the Florida Power outfall. mcd0200 4 02/15/00 One resident spoke in opposition. Molly Howell addressed the board to retain her legal standing. In response to a question, Ms. Fierce said the buildings will feature similar building materials but differ architecturally. Member Gildersleeve moved that based on the staff report and by information submitted by the applicant, the Community Development Board approves the Flexible Development of a Comprehensive In-fill Redevelopment project and preliminary plat for 2475 Sunset Point Road with conditions: 1) Unity of Title shall be recorded with Pinellas County within 30 days of approval and 2) signage must comply with Code in Case FL99- motion carried 12-24 and PLT99-12-91. The was duly seconded and unanimously. Member Mazur abstained. ITEM E – APPROVAL OF MINUTES Member Petersen moved to approve the minutes of the special meeting of January 19, 2000, and the regular meeting of January 25, 2000, as recorded and motion submitted in written summation to each board member. The was duly seconded carried and unanimously. ITEM F – DIRECTOR’S ITEMS Community Development Code review The City Commission directed staff to perform a 6-month review of the Community Development Code, adopted in January 1999, and effective in March, to address policy issues and revisions. In his January 13, 2000, memorandum, Planning Director Ralph Stone submitted related issues for board evaluation: General Provisions 1) - permit density/intensity averaging on sites with different land use categories as long as use is permitted in both categories; Zoning Districts 2) - permit in all zoning districts parks & recreational facilities as flexible development; 3) create dimensional standards for standard, flexible standard, and flexible development; 4) eliminate frontage/access requirements for congregate care, assisted living facilities, & medical clinics; 5) permit in Commercial district light assembly type uses that have no external impacts; 6) permit in Commercial district limited vehicle service uses as flexible development subject to design criteria; 7) delete Mixed Use district; 8) permit in Commercial and Office districts mixed uses; 9) permit in Tourist District shared parking options, including payment in "lieu of"; 10) permit in Office district detached residential development; 11) prohibit rental of dwellings for less than 30 days except in Tourist, Commercial, or Downtown districts; Development Standards 12) - develop fence regulations to cover all situations; 13) clarify amount of modifications permitted before compliance with the new Code is triggered; 14) n/a; 15) increase accessory uses from 5% to 10% of the principal structure's gross floor area; 16) prohibit roofs on boat slips; 17) require 4-foot fence around swimming pools; 18) require permit for painting commercial structures; 19) amend newsrack regulations to reflect Commission direction; 20) protect palms with 10- foot clear and straight trunks; 21) allow changeable messages on signage to change every 6 hours; 22) create regulations for political signs; 23) measure freestanding sign height from road crown; 24) create simple tree removal process for 1- and 2-family mcd0200 5 02/15/00 properties that allows removal of 25% of the trees without replacement; 25) control parking through site plan review process & eliminate parking cap; 26) prohibit sales from tractor trailers and temporary uses independent of principal use of property. Reduce signs associated with temporary uses to 12-square feet. Expand districts permitting certain temporary uses; Development Review and Other Procedures 27) - require all cases considered by the CDB to be on the City Commission agenda within 6 months or be withdrawn; 28) increase public notice radius to 500-feet & notify registered neighborhood associations & the Clearwater Coalition of Homeowners regarding cases requiring public notification; 29) delete requirement that applicants must submit an evidence summary & disclose all related reports 10 days prior to quasi-judicial hearings; 30) permit application amendments after DRC or CDB review but prior to City Commission consideration only if amendment is less intense than the original application; 31) require Community Development Coordinator to determine eligibility for Neighborhood Conservation district designation based on neighborhood size & area. Require designated neighborhoods to hold a specific number of meetings annually & assume active roles in the education & enforcement of overlay zone criteria; 32) revise TDR (Transfer of Development Rights) distance requirements. Prohibit TDR to Low Density Residential and Low Medium Density Residential districts; and Nonconforming Provisions 33) - when terminating property status as nonconforming, residential and transient uses may be exchanged and/or reconstructed if parking, landscaping, and sign requirements are met. Senior Planner Gina Clayton said staff had met with the Chambers of Commerce and coalition of neighborhoods regarding the Code and shared drafts of suggested changes with interested citizens. Staff has compiled a list of comments since the new Code went into effect. A public hearing is scheduled for the CDB's March 21, 2000 meeting. She reviewed suggested changes. Regarding Item #5, it was recommended the definition of light assembly be clear to avoid inappropriate uses. Regarding Item #11, four persons spoke in opposition and four persons spoke in support of the proposal to prohibit rental of dwellings for less than 30 days except in Tourist, Commercial, or Downtown districts. One person questioned the City's ability to enforce this type of rule. In response to a question, Mr. Stone said the Code does not establish a minimum rental period. As condominium properties that allow short rentals are similar to hotels, concern was expressed the structures are not equipped similarly to address fire and safety issues. It was stated condominium owners have the ability to amend their association's bylaws to lengthen required minimum stays by vote. Discussion ensued regarding problems related to vacationers, including noise, parking, a disregard for rules, improper use of common areas and facilities, etc. Concern was expressed the proposed change would require staff to police a regulation that is difficult to enforce, as visitors who do not meet the minimum stay requirement will have already left. Ms. Dougall- Sides agreed these types of infractions are difficult to prove in court. Mr. Stone said it makes sense for the Code to define transient and residential circumstances. It was suggested minimum stays be tied to fire safety issues, such as a requirement for mcd0200 6 02/15/00 sprinklers. Ms. Clayton reported many local cities require minimum stays, with Pinellas County having a 30-day minimum. Minimum stays are enforced by complaint. Ms. Dougall-Sides said staff will review condominium documents and existing rental contracts. Staff will consider related health and safety issues. Regarding Item #13, Mr. Stone said the City does not require landscape upgrades that exceed City requirements to be listed on site plans. Regarding Item #15, Ms. Clayton said current limits restrict some homeowners from installing a shed. In response to a question, she said all sheds require permits and must meet setback requirements. In response to a question, Ms. Hardin said accessory buildings cannot be used for human habitation. It was felt an accessory use, such as a restaurant, should not have signage to attract outside customers and generate additional traffic. Regarding Item #16, Ms. Clayton said the Code prohibits boathouses. Some waterfront residents have complained that roofs on boat slips obstruct their vistas. Regarding Item #26, Ms. Clayton said this proposal does not address the parking of cars for sale in City rights-of-way. That practice already is illegal. Temporary uses are proposed to allow pumpkin and tree sales for a limited time in Institutional and Downtown districts. In response to a question, Ms. Dougall-Sides said both the violator and property owner can be fined. Regarding Item #32, Mr. Stone recommended TDRs be allowed between properties west of Memorial Causeway, and between properties east of it. The requirement for public hearing approval will remain. He noted a Commissioner had suggested restricting TDRs to sections of the beach. One resident requested time constraints be established for portable containers parked in residential driveways and used for storage. One person supported increasing the bed multiplier for assisted living facilities from 2.5 to 3, for consistency with County rules. It was recommended requiring directional signage to be located outside the public right-of-way. Mr. Stone said staff will develop language for the recommendations and present them to the board next month. Election of Officers Member Mazur nominated Gerald Figurski to serve as CDB Chair from January motion 1, 2000, to December 31, 2000. The was duly seconded. There were no other carried nominations. The motion unanimously. Member Petersen nominated Edward Mazur, Jr. to serve as CDB Vice-Chair motion from January 1, 2000, to December 31, 2000. The was duly seconded. There carried were no other nominations. The motion unanimously. mcd0200 7 02/15/00 ITEM G - ADJOURNMENT The meeting adjourned at 4:55 p.m. mcd0200 8 02/15/00 e e . COMMUNITY DEVELOPMENT BOARD Meeting Date: FEB. 15th" 2000 I have conducted a personal investigation on the personal site visit to the following properties. Giliam, 609 Lime Ave. (LUZ 99-1~ yes no Humane Society/Geller, 3040 S.R. 5~ (FL 99-12-25) yes ~ no Pinellas Community Bank/Premier 50mmunity Bank, 2475 Sunset Pt. Road. (FL 99-12-24). / yes no 2 /(~-() 0 Date . . . COMMUNITY DEVELOPMENT BOARD Meeting Date: FEB. 15th.. 2000 I have conducted a personal investigation on the personal site visit to the following properties. Giliam, 609 LiJ';e. (LUZ 99-10-01). yes no Humane Societytr~er, 3040 S.R. 590. (FL 99-12-25) ~~;es no Pinellas comm~nity anklPremier Community Bank, 2475 Sunset Pt. Road. (FL 99-12- ). yes no ff1/OlJ D e COMMUNITY DEVELOPMENT BOARD Meeting Date: FEB. 15th_ 2000 . I have conducted a personal investigation on the personal site visit to the following properties. Giliam, 609 Lime Ave. (LUZ 99X01). yes no Humane Society/Geller, 3040 S.~. (FL 99-12-25) yes no Pinellas Community Bank/Premier Community Bank, 2475 Sunset Pt. Road. (FL 99-12-24). ^' L} . yes flLJ-----no ,-)~/~ Date . . . . COMMUNITY DEVELOPMENT BOARD Meeting Date: FEB. 15th.. 2000 I have conducted a personal investigation on the personal site visit to the following properties. Giliam, 609 Lime Ave. (LUZ 99-10-01). X yes no l Humane SOcie0Geller, 3040 S.R. 590. (FL 99-12-25) yes no Pinellas Community Bank/Premier Community Bank, 2475 Sunset Pt. Road. (FL 99-124). yes no COMMUNITY DEVELOPMENT BOARD Meeting Date: FEB. 15th.. 2000 e I have conducted a personal investigation on the personal site visit to the following properties. GHiam, 609 Lime Ave. (LUZ 99-10-01). yes no Humane Society/Geller, 3040 S.R. 590. (FL 99-12-25) v yes no . Pinellas Community Bank/Premier Community Bank, 2475 Sunset Pt. Road. (FL 99-12-24). t../ yes no ~ C r~1:V))l- Signature Ol. - I <)- (j'"U Date . COMMUNITY DEVELOPMENT BOARD Meeting Date: FEB. 15th.. 2000 . I have conducted a personal investigation on the pe!"sonal site visit to the following properties. Giliam, 609 Lime Me. (LUZ 99-10-01). ~ yes no Humane Society/Geller. 3040 SoRJOo (FL 99-12-25) yes no . Pinellas Community Bank/Premier Community Bank, 2475 Sunset Pt. Road. (FL 99-12-24). ~~es no dO~( Signature ~/ 15/0tJ Date I . COMMUNITY DEVELOPMENT BOARD Meeting Date: FEB. 15th ~ 2000 . I have conducted a personal investigation on the personal site visit to the following properties. Giliam, 609 Lime Ave. (LUZ 99-1jl). yes no Humane Society/Geller, 3040 S.~o. (FL 99-12-25) yes no Pinellas Community Bank/Premier Community Bank, 2475 Sunset Pt. Road. (FL 99-12-24). . yes . 66D .