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04/18/2000 COMMUNITY DEVELOPMENT BOARD MEETING CITY OF CLEARWATER April 18, 2000 Present: Gerald Figurski Board Member David Gildersleeve Board Member William Johnson Board Member Edward Mazur, Jr. Board Member Shirley Moran Board Member Carlen A. Petersen Board Member Absent: Alex Plisko Board Member Also Present: Leslie Dougall-Sides Assistant City Attorney Cynthia Hardin Assistant Planning Director Lisa Fierce Development Review Manager Brenda Moses Board Reporter The meeting was called 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. A. REQUESTS FOR CONTINUANCES/RECONSIDERATION – None. B. CONTINUED ITEMS – None. C. LEVEL THREE APPLICATIONS Item C1 - 1545 South Belcher Road. Owner: Greater Clearwater Association of Realtors, Inc. Applicant: RKM Development Corp. Representatives: William S. Lloyd, Arlena J. Dominick, Harry S. Cline, Esq. Location: 1.76 acres located on the east side of Belcher Road, approximately 250 feet south of Nursery Road. Request Annexation of 1.76 acres to the City. Case ANX 00-03-06 The owner has requested annexation and is aware of required impact fees and other costs associated with the extension of sewer service to the site. Staff recommends approval of the annexation of 1545 South Belcher Road. AND Item C2 - 1545 South Belcher Road. Owner: Greater Clearwater Association of Realtors, Inc. Applicant: RKM Development Corp. Representatives: William S. Lloyd, Arlena J. Dominick, Harry S. Cline, Esq. Location: 1.76 acres located on the east side of Belcher Road, approximately 250 feet south of Nursery Road. Request (a) Land Use Plan amendment from the Residential/Office General Classification (County) to the mcd0400 1 04/18/00 Residential/Office/Retail Classification (Clearwater); and (b) Rezoning from P-1, Professional Office District (County) to C, Commercial District (Clearwater). Case LUZ 00-03-02 The owner has requested to amend the Comprehensive Plan’s Future Land Use Map from Residential/Office General (R/OG) to Residential/Office/Retail (R/O/R), and to rezone from the P-1, Professional Office (County) district to the Commercial (C) District to build a retail store. The 1.76-acre site has an office on its 2 lots. The proposed use is retail. Surrounding uses include a vacant and operating gasoline station, multifamily housing, a bank; and retail and office uses. Belcher Road is operating at a LOS (Level of Service) of F. The site plan will address related impacts. Staff recommends approval to: 1) amend the site’s Future Land Use Plan designation to Residential/Office/Retail and 2) amend the zoning district designation to Commercial (C). In response to a question, Senior Planner Gary Jones said City sewer and water service is provided at the site. The PPC (Pinellas Planning Council) designated boundary between Clearwater and Largo is at Belleair Road. In response to a question, Representative Harry Cline said the proposed Walgreens store will not be open 24-hours a day. His client unsuccessfully tried to purchase the nearby gasoline station. The site has two driveways off Nursery Road. SouthTrust Bank has agreed to work with the developer to share the bank’s driveway off Belcher Road. In response to a question, Assistant Planning Director Cynthia Hardin said the staff report used fast food criteria to evaluate the most intense use of a site. No fast food establishment is planned for this site. Member Gildersleeve moved based on the staff report and testimony at this public hearing, to recommend the City Commission approve Item C1 to annex property at 1545 South motioncarried Belcher Road to the City. The was duly seconded and unanimously. Member Gildersleeve moved based on the staff report and testimony at this public hearing, to recommend the City Commission approve Item C2 to 1) Amend the Future Land Use Plan designation of the site from Residential/Office General to Residential/Office/Retail; and 2) amend the zoning district designation of the site from Professional Office (P-1 – motion County) to Commercial (C) at 1545 South Belcher Road. The was duly seconded and carried unanimously. Item C3 – 1243 Brookside Drive. Owner/applicant: Dorothy M. Scott. Representative: Tiffany Scott, Attorney; Location: 0.37 acres located on the southeast corner of Beverly Circle and Brookside Drive. Request: 1) annexation of 0.37 acres to the City; 2) Land Use Plan Amendment from Residential Low upland area) and Preservation (wetland area) District Classification (County) to Residential Low (upland area) and Preservation District Classification (Clearwater); and 3) Rezoning from R-3, Residential, Single-Family District (County) to LDR, Low Density Residential (upland area) and P, Preservation (wetland area) District Classification (Clearwater). Case ANX 00-02-03 mcd0400 2 04/18/00 The applicant has requested annexation to receive City water and sewer service. The 0.375-acre site has 0.275 upland acre and 0.099 wetland acre. The property will have a land use plan designation of Residential Low for the upland area and Preservation for the wetland area. The site is proposed to be zoned Low Density Residential (LDR) for the upland area and Preservation (P) for the wetland. The applicant has paid applicable sewer impact fee and is aware of costs to extend a sewer line to the site. Staff recommends: 1) annexation of the property at 1243 Brookside Drive; 2) approval of the Residential Low and Preservation plan categories; and 3) approval of the Low Density Residential (LDR) and Preservation (P) zoning. Member Petersen moved based on the staff report presented and testimony at this public hearing to recommend the City Commission approve Item C3 to annex the property at 1243 Brookside Drive, of the Residential Low and Preservation plan categories pursuant to the City’s Comprehensive Plan; and of the Low Density Residential (LDR) and Preservation (P) motion zoning districts pursuant to the City’s Community Development Code. The was duly carried seconded and unanimously. Item C4 - 1513 Country Lane East Owner/Applicant: Lois M. Quale. Location: 0.31 acres located on the east side of Country Lane East, approximately 400 feet south of State Road 590. Request: 1) Annexation of 0.31 acres to the City of Clearwater; 2) Land Use Plan amendment from the Residential Low Classification (County) to the Residential Low Classification (Clearwater); and 3) Rezoning from R-3, Residential, Single-Family District (County) to LMDR, Low Medium Density Residential District Classification (Clearwater). ANX 00-02-04 The owner has requested annexation to the City for water and sewer service. The property will have a land use plan designation of Residential Low and is proposed to be zoned Low Medium Density Residential (LMDR). The site is a single family residential home. The applicant has paid the applicable sewer impact fees and is aware of the cost to connect the property to City utilities. Staff recommends: 1) annexation of the property at 1513 Country Lane East; 2) approval of the Residential Low plan category; and 3) approval of the Low Medium Density Residential (LMDR) zoning district. In response to a question, Senior Planner Etim Udoh said the applicant has a septic tank as do other nearby properties. It was remarked that the applicant will connect to a sanitary sewer line in the rear of the house. It was suggested the City send other residents a letter suggesting they also connect to the sewer line. Mr. Udoh said properties must be contiguous with existing boundaries to annex. Assistant City Attorney Leslie Dougall-Sides will contact the Utilities Department to determine if City rights-of-way can make properties contiguous. Member Petersen moved based on the staff report presented and testimony at this public hearing to recommend the City Commission approve Item C4 to annex the property at 1513 Country Lane East, approval of the Residential Low plan category pursuant to the City’s Comprehensive Plan, and approval of the Low Medium Density Residential (LMDR) zoning motion district pursuant to the City’s Community Development Code. The was duly seconded carried and unanimously. mcd0400 3 04/18/00 Item C5 - 1224 Stockton Drive Owners/Applicants: Rose M. Jordan & Beverly D. Jordan. Location: 0.34 acres located on the west side of Stockton Drive, approximately 150 feet south of Claire Drive. Request: 1) Annexation of 0.34 acres to the City of Clearwater; 2) Land Use Plan amendment from the Residential Low Classification (County) to the Residential Low Classification (Clearwater); and 3) Rezoning from R-3, Residential, Single Family District (County) to LMDR, Low Medium Density Residential District Classification (Clearwater). Case ANX 00-02-05 The owners have requested annexation for garbage collection service. They have received City water and sewer services since July 7, 1982. The property features a single family residential home. The abutting right-of-way along Stockton Drive also will be annexed. The property will have a land use plan designation of Residential Low and is proposed to be zoned Low Medium Density Residential (LMDR). Staff recommends: 1) annexation of the property at 1224 Stockton Drive; 2) approval of the Residential Low plan category; and 3) approval of the Low Medium Density Residential (LMDR) zoning. In response to a question, Mr. Udoh said a private company currently provides garbage collection services to the applicants. Ms. Hardin said the quality of the services differs. County properties that receive City sewer and water service pay a 25% premium. The City does not charge an annexation fee. The applicant will pay City ad valorem taxes but not County ad valorem taxes. It was recommended that the City encourage residents to annex into the City as it will save them money and increase the City’s tax base. Member Petersen moved based on the staff report presented and testimony at this public hearing to recommend the City Commission approve Item C5 to annex the property at 1224 Stockton Drive, of the Residential Low plan category pursuant to the City’s Comprehensive Plan; and 3) of the Low Medium Density Residential (LMDR) zoning district motion pursuant to the City’s Community Development Code. The was duly seconded and carried unanimously. D. LEVEL 2 APPLICATIONS: Item D1 - 949 Bay Esplanade. Owner/Applicant: Keith H. Kuhlman and Marsha M. Stinson. Representative: Lee Braun, Cooper Johnson Smith Architects, Inc. Location: 0.26 acres located on the west side of Bay Esplanade, approximately 600 feet south of Carlouel Drive. Zoning: LMDR, Low Medium Density Residential District. Request: Flexible Development approval of a Residential Infill Project with a reduced front setback from 25 feet to 1.8 feet and a reduced side setback from five feet to four feet, as part of a Residential Infill Project. Proposed Use: Existing single-family dwelling with garage addition. Case FL 00-02-08 The applicants have requested Flexible Development approval of a Residential Infill Project with a reduced front setback from 25 to 1.8 feet. The site, on the west side of Bay Esplanade, is approximately 600 feet south of Carlouel Drive. Bay Esplanade is a two-lane, residential street with a 50-foot right-of-way. The site features a 4,294 square foot single- family dwelling with an attached, two-car garage built in 1948. The garage, too narrow to accommodate two vehicles, is set back from the front property line by approximately two feet mcd0400 4 04/18/00 and from the north property line by approximately nine feet. The applicants propose to raze the garage and replace it with a 550-square foot garage. The proposal also includes relocation of the covered walkway on the garage’s south side. The new walkway will align with the front door. The 25-foot front setback along Bay Esplanade seems extraordinary given the narrow width of the road. The request to reduce the front setback (west) to 1.8 feet is in keeping with the area’s character. The garage and covered walkway will not encroach farther into the front setback than currently exists. The application and supporting materials were reviewed by the DRC (Development Review Committee) on March 9, 2000. The proposal complies with the standards and criteria for Flexible Development approval, with the maximum development potential, requirements of Residential Infill Projects, and with all applicable standards of the Community Development Code. Staff recommends approval of the Flexible Development application. In response to a question, Senior Planner Mark Parry said maximum height is not a concern as the basic zoning minimum for the LMDR district is 30 feet as measured from base flood elevation. The top of the garage will be 26.3 feet above grade. In response to a question from Ms. Dougall-Sides, Mr. Parry agreed that the 15-foot maximum height for residential infill projects listed in the flexible development table is an error. Ms. Hardin said that error is being corrected with the Code update. She said the Board is asked to approve the higher height requirement as shown on the plan. In response to a question, Mr. Parry said the proposed setback is consistent with other area homes. Member Johnson moved based on the staff report presented and testimony at this public hearing to recommend the City Commission approve Item D1 for Flexible Development approval for expansion of a single-family house with a reduced front setback from 25 to 1.8 feet, and reduced side setback from 5 to 4 feet, with a height not to exceed 30 feet, for motioncarried property at 949 Bay Esplanade. The was duly seconded and unanimously. D. APPROVAL OF MINUTES OF PREVIOUS MEETING – March 21, 2000 Member Moran requested Item A1, page one, paragraph three, sentence one read “…continue Item A1 to a date uncertain.” Member Petersen requested Item F, page 12, paragraph three, sentence one read “…Gildersleeve, Petersen, and Chair Figurski voted “Aye”;… Member Gildersleeve requested Item C1, page two, read “…Gildersleeve moved to accept the staff report and recommend approval of the annexation.” Member Moran moved to approve the minutes of March 21, 2000, as corrected. The motioncarried was duly seconded and unanimously. OTHER BUSINESS Although not on the agenda, the Board heard resident Tom Sehlhorst’s comments regarding amendments to the Community Development Code. Mr. Sehlhorst referred to maps of North Myrtle Avenue and expressed concern Code provisions are detrimental for this area mcd0400 5 04/18/00 and limit permitted uses. He said he is unable to develop his property. He felt if the area remains undeveloped, it will deteriorate. He said staff has turned down every development proposal he has submitted. In response to a question, Ms. Hardin said self-storage is a flexible standard use which requires a minimum 20,000 square foot lot size. None of Mr. Sehlhorst’s properties meets that requirement. The Commission has removed vehicle service use from the Commercial District. Vehicle sales and service are now Flexible Standard and Flexible uses. Vehicle sales/service require a minimum lot size of 10,000 square feet within an enclosed building with a minimum of 4,000 square feet. Vehicles must be displayed inside the building. Ms. Hardin said staff has met with Mr. Sehlhorst, however he has not submitted a specific site plan. Staff has informed him that use must meet Code zoning district requirements. In response to a question, Mr. Sehlhorst said he has not considered uses besides those prohibited by Code. He said he must compete with businesses in the County that do not require occupational licenses. He said he has parties willing to build new buildings on his properties. E. DIRECTOR’S ITEMS Additions to the Code Amendment Senior Planner Gina Clayton reviewed proposed amendments to the Community Development Code. Substantive changes include: 1) delete “bicycle” from the definition of “vehicle.” Revise definition of retail sales to include the leasing of any goods; 2) revise fence regulations by: permitting fences within the setback on all waterfront lots; add provision permitting deviations from the fence requirements for public projects pursuant to a Level One (flexible standard) approval process; added clarification that chain link fences abutting public rights-of-way are prohibited; and added provision allowing fence boards to be replaced on nonconforming fences provided posts are not replaced; 3) change the floor area ratio requirement in the Tourist District from .30 to 1.0 to reflect Land Use Plan FAR; 4) reduce signage permitted on portable storage units from 16- to 12-square feet; 5) add provisions restricting amount of development rights transferred from and to any site; 6) increase tree replacement costs from $42 to $48 per inch and revise section language to only permit payment into the tree bank if the Community Development Coordinator determines space is insufficient to replace the equivalent of all protected trees on site. Also, refine the language and chart relating to tree replacement requirements; 7) expand districts where Christmas tree and pumpkin sales are permitted; 8) add changes required by the Pinellas Planning Council to ensure consistency with Countywide Rules. Maximum lot areas are imposed for certain uses such as utility/infrastructure facilities, public transportation facilities, parking lots, governmental uses, places of worship, vehicle sales, adult uses, nightclubs, residential shelters, and transient accommodation in certain zoning districts based on Countywide Rules threshold requirements. Added requirement that any use approved as a comprehensive infill redevelopment project be permitted by the underlying land use category. Change several permitted uses in the Open Space/recreation District to accessory uses and revised the definition of density to be consistent with the Countywide Rules definition; 9) add criteria restricting the height of residential infill project in the High Density Residential District to 80 feet unless located on Clearwater Bay; 10) add section requiring maintenance of all aspects of an mcd0400 6 04/18/00 approved plan including but not limited to paved areas, landscaped areas, irrigation systems, storm water facilities, and detention/retention ponds; 11) increase number of beds for nursing homes from 2.5 to 3.0 to be considered equivalent to one dwelling unit; 12) add exception that would permit nonconforming owner occupied single family dwelling units to be reconstructed with the same setbacks if destroyed beyond 50% of the value of the structure; and 13) add provision permitting deviations from loading requirements through a Level 1 (flexible standard) approval process. Changes made by staff that are minor in nature include: 1) delete definitions: shopping center, existing manufactured home park, expansion of manufactured home park; and new manufactured home. Add Chinese Tallow Sapium sebiferum to definition of prohibited tree; 2) revise paint permit provision to apply to commercial structures instead of commercial buildings; 3) reduce setback for freestanding signs from 10 feet from any property line to 5 feet to reflect the changes approved in the summer????? amendments; 4) increase height permitted for residential infill projects in the Medium High Density Residential District from 30 feet to a range of 30 to 50 feet; 5) clarify that the tree credit proposed for underdeveloped commercial property also applies to multi-family property; 6) revise the native understory credit provision so that a credit also is possible if enhanced tree preservation methods are undertaken during construction; 7) move an exception sentence added to the land clearing and grubbing permit provisions to another part of the section; 8) delete unnecessary language from the proper tree care section; 9) eliminate off-street parking as a flexible standard use in the Institutional District. This was added in the proposed amendments, but was eliminated because parking garages and lots are already permitted in the district; 10) delete temporary use provision which states “special sales markets shall not be approved for improved properties principally used for retail sales between Thanksgiving Day and New Year’s Day.” 11) add an exception for minor site plan amendment to the proposed triggers for parking and landscaping requirements. Delete the requirement that properties along a scenic corridor must comply with all landscaping requirements; 12) clarify language relating to appeals; 13) add requirement that any affected neighborhood association and Citywide neighborhood association should be notified of any public hearing for a Level 2 or Level 3 approval; 14) add language to definition of sign that specifies that any sign seen from a body of water shall be considered a sign; 15) delete references to the MU District in the Use Table at the beginning of Article 2 and in the parking/loading section; 16) change parking requirements for comprehensive infill from “refer to specific use” to “Determined by the Community Development coordinator based on the specific use and/or ITE Manual standards”; 17) change the criteria for reducing certain side and rear setbacks from “the reduction does not reduce the amount of landscaped area otherwise required” to “the reduction results in landscaping in excess of the amount required”; 18) delete criteria prohibiting research and technology uses in the Industrial, Research, and Technology District from being contiguous to any residential parcel; 19) delete provision for self storage uses in the Industrial, Research, and Technology District from being contiguous to any land used for residential purposes. Retain portion of criteria that such use shall not be contiguous to land which is designated as residential on the Zoning Atlas: 20) revise language permitting monument signs in the non-residential zoning districts; and 21) change the location of the definition of limited vehicle service. In response to a question, Ms. Clayton said a monument sign is a low profile free- standing sign with a solid base that is approximately the same dimension as the height or is supported by at least two columns and is designed to incorporate the design of the building. mcd0400 7 04/18/00 She said although not outlined in the above changes, staff incorporated other changes in the Code such as prohibiting exterior signs for accessory uses, and directional signs to be required as permanent signs, etc. Ms. Dougall-Sides said a general requirement for signage indicates all freestanding signs are to be setback five feet from the property line. Ms. Clayton said the paint permit provision applies to all commercial structures, fences, accessory structures, etc., not just the building. The provision deleting the requirement that properties along a scenic corridor must comply with all landscaping requirements can be found under the “trigger” section in Article 4. That requirement applies for improvements beyond 25% of the value of the structure. A temporary use provision “Special sales markets shall not be approved for improved properties principally used for retail sales between Thanksgiving Day and New Year’s Day” has been deleted. Ms. Hardin said the Code already includes a provision to permit some temporary sales. A provision was added restricting the height of any residential infill project in the High Density Residential District to 80 feet unless located on Clearwater Bay. If on Clearwater Bay, the structure’s height can be up to 130 feet. Ms. Clayton said a registry will be kept on those residents of any affected neighborhood/citywide association for notification of public hearings for a Level 2 or Level 3 approval. Ms. Hardin said at the May 2, 2000, worksession, the Commission will review Code revisions. The first public hearing on revisions will be May 18, 2000, and the second on June 1, 2000. She anticipates revisions may be in effect by the end of June. Update of Annexation, Land Use Plan Amendment and Rezoning Cases Ms. Hardin said staff will include a status report on annexation, land use plan amendments, and rezoning cases in Board packets. This information also is distributed to the PPC and Countywide Planning Authority. The DCA had returned the EAR (Evaluation and Appraisal Report) based amendments to the Comprehensive Plan with minor changes. The ordinance is scheduled this Thursday for Commission approval. Staff was thanked for reducing the length of presentations. It was felt Mr. Sehlhorst’s neighborhood requires flexibility due to the limited types of viable uses in that area. Staff was encouraged to address those types of unique neighborhoods. Ms. Hardin agreed some flexibility should be allowed. Staff is concentrating on North Greenwood and the downtown periphery plan. It is anticipated Mr. Siemon of Siemon and Larsen will finalize the beach redevelopment plan this fiscal year. In response to a question, Ms. Hardin said most fees cover the cost of staff time to address the request. Fees in the Code are similar to those in the former Code. Staff is performing a fee study to be completed in May 2000. In response to a question, Ms. Hardin said a nonconforming single-family home that is destroyed more than 50% can be reconstructed with original setbacks. She said in residential districts, flexibility is primarily on the sides and rear of the property. The Code includes flexibility for all uses in all districts. ITEM 5 - Adjournment The meeting adjourned at 2:32 p.m. mcd0400 8 04/18/00