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07/18/2000 COMMUNITY DEVELOPMENT BOARD MEETING CITY OF CLEARWATER July 18, 2000 Present: Edward Mazur, Jr. Acting Chair/Board Member David Gildersleeve Board Member William Johnson Board Member Shirley Moran Board Member Carlen A. Petersen Board Member Alex Plisko Board Member Absent: Gerald Figurski Chair Also Present: Leslie Dougall-Sides Assistant City Attorney Ralph Stone Planning Director Lisa Fierce Development Review Manager Brenda Moses Board Reporter The Acting 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 CONTINUANCES/RECONSIDERATION – None. ITEM B – CONTINUED ITEMS Item B1 –18524 US 19 North Brad Baldwin, Owner; Parsley Baldwin Realty, Applicant; Bryan L. Zarlenga, Representative. Request: Flexible Development approval of a self-storage establishment with a reduction in the required number of parking spaces from 135 to 40 spaces, as a Comprehensive Infill Redevelopment Project. Proposed Use: A 71,250 square FL 00-03-09 foot mini-storage development. This case was continued by the CDB (Community Development Board) at the May 16, 2000, meeting to enable the applicant to address issues related to the sanitary sewer, building elevations, and parking as it relates to the adjacent Le Cher office complex. The site is generally undeveloped, although there is an existing 24-foot asphalt driveway along the west and south property lines that provides access to adjacent properties. The 3.11-acre site is L- shaped with 200 feet of frontage on Nursery Road and 122 feet of frontage on US 19 North. It includes two separate parcels that will be combined through Unity of Title. The site includes both Office and Commercial zoning districts. Staff and the applicant met with representatives from the neighboring Le Cher office complex on numerous occasions. The applicant addressed concerns raised regarding the sewer, building architecture and parking to the satisfaction of staff. The proposal includes the development of a self-storage business with five buildings. The applicant submitted revised plans including a relocated sanitary sewer easement with gravity sewer, revised landscape plan, and conceptual building elevation along mcd0700 1 07/18/00 the west property line. To accommodate the relocated sewer easement, a portion of the southwesternmost building (building #3) has been reduced by 2,650 square feet. Building #1, at the US 19 entrance, has been increased in area by the same square footage. The revised the site plan also will: 1) provide a 10-foot buffer area within which new oak trees will be planted; 2) include a mansard roof to Buildings #3 and #5; and 3) incorporate a stucco finish exterior with neutral colors on both buildings. Based on research of the adjacent office complex, removal of the nearly 16 parking spaces on this site will not result in a parking deficit for the Le Cher development. The proposal is in compliance with the standards and criteria for Flexible Development approval for a self-storage establishment, and with all applicable standards of the Community Development Code. Staff recommends approval of the proposed project with conditions: 1) Proof of Unity of Title be submitted prior to the issuance of any permits; 2) the final design and color of the buildings be consistent with the plans as submitted; 3) signage comply with Code; 4) oak trees, crepe myrtles, and viburnum hedge be planted along the west side of buildings #3 and #5, as shown on the landscape plan; and 5) the design of the south side of building #3 and north side of building #5 be consistent with the west elevations of those buildings. Roger Larson, representative, said as the property is L-shaped, limited uses can be applied to this property. The applicant is proposing a reduction of parking spaces from the 135 minimum to 40 spaces. One entrance to the site is at Nursery Road and the other is on US19N. The parcel is 3.11 acres, of which .5 acres is zoned Office and the balance is Commercial. The passive portion of the property includes the retention area and offices. The applicant requests to construct two one-story buildings, two two-story buildings, and one building that is partially one and two-stories, totally 71,250 square feet. There will be approximately 600 storage units, 400 of which will be air-conditioned. The project is aesthetically and architecturally pleasing to the surrounding community, particularly to the office complexes to the west and south. Thirty-eight (38) additional trees will be planted. The project meets or exceeds all the standards in the Code that pertain to self-storage use under the flexibility criteria sections, except for parking requirements. An easement exists which was granted by the applicant years ago to allow ingress and egress to the existing offices along the west and south sides of the site abutting the existing offices. The applicant does not propose to change that easement. Maintenance, repair, and replacement of the easement is the obligation of the office condominium association or those using the property. The easement is in common with the applicant’s property and can be used by him. The Comprehensive Infill requirement in the Code requires a minimum of one space per 1,000 square feet. The applicant is requesting 40 parking spaces. The Institute of Transportation Engineers statistics indicate that 178 trips per day is consistent with a project of this size. The applicant anticipates that between 7 - 8 cars will be on the property at any given time. Therefore, the 40 spaces, including the handicapped space, is more than ample to avoid off-street parking. The applicant concurs with staff’s recommendations. In response to a question, Bryan Zarlenga, Tampa Bay Engineering, said the retention pond is sized to handle this project plus runoff to the west. Mary Ellen Wilson, partial owner, said she owns the property facing US 19N. She said although other interest in the property has been expressed, this project is the first that is compatible with the surrounding area. This project is important to her as her husband’s office is part of this project. She referred to current photographs of the site. mcd0700 2 07/18/00 One resident spoke in opposition of the project. In response to concerns from a resident, it was noted that the exterior finish of the buildings will be stucco, not metal, as indicated in the applicant’s application. Planning Director Ralph Stone said the setback requirements for the easement differs from right-of-way setbacks. The new Code does not reference setback from the right-of-way line. Code defines the “setback” as follows: “setback means required horizontal distance between a property line and a structure”. He said the resident is characterizing the private easement as a right-of-way. He disagreed with the resident’s interpretation of a private easement being the same as a road right-of-way. Mr. Stone said private easements could take many forms and function as a driveway. The general characterization of “right-of-way” is one that is for the benefit of the public, regardless of its form. In this case, staff feels the driveway exists for the benefit of the owners of the office condominium association as an access easement, and does not meet the definition of a public right-of-way. Assistant City Attorney Leslie Dougall-Sides said the CDB (Community Development Board) must refer to current Code when deciding a case. Max Battle stated he was not in favor or against the application. He was a former Public Works Director and City Engineer. He questioned the definition of a private road versus a driveway. He said at the time the easement was granted, it was called a private roadway. The reason it was not called a private right-of-way was because a right-of-way infers it is for the general public to use. He feels this is an access easement for a private roadway which gives the owners the right to close the road off at any time. A right-of-way cannot be closed at will. He said at the time the easement was granted, the County would not grant the owner a building permit unless he had road frontage. Frank Kunnen, former developer of the property, agreed with Mr. Battle’s interpretation of the easement language referencing the use of the roadway. The County required the original site plan for the development have a roadway prior to annexation. He said the owners in this development have a public sewer easement with a sewer line, not a private one. This property was originally one ownership with a roadway. Upon acquisition, other owners were assured by the owner, County, and City that the easement was to be kept as a road right-of- way easement. He stated he was required as a developer to set back the office buildings on either side of the road from the right-of-way easement. Mr. Larson confirmed that the exterior of the buildings will include a stucco finish, with earth-tone colors, and false windows. He said there is sufficient space between the proposed buildings and the current ones. The two easements recorded in the public records are private and designed exclusively for internal traffic and for ingress and egress. The land can be used as the owners see fit as long as it does not impede the ingress and egress. He felt a right-of- way and a property line have specific meanings. He said a setback is the horizontal distance between the property line and a structure. He agrees with staff’s interpretation of the Code. He said under the Comprehensive Infill Redevelopment Project category none of the rights-of- way and setbacks are applicable. He said traffic generated by the nearby McDonalds is much greater than the proposed project will generate. The self-storage establishment will be open from 8:00 a.m. to 5:00 p.m. Between 5:00 p.m. and 9:00 p.m. a card access is required and patrons cannot access the gates after 9:00 p.m. The applicant is basically proposing a reduction in the number of parking spaces. In response to a question, Mr. Larson said if the mcd0700 3 07/18/00 easement is deemed a private roadway and setbacks are required, the site becomes undevelopable. Member Johnson moved to approve the Flexible Development application for a self- storage establishment within the Commercial District, with a reduction in the required number of parking spaces, from 135 spaces to 40 spaces, as a Comprehensive Infill Redevelopment Project, for the site at 18524 US 19 North, subject to the following conditions: 1) Proof of Unity of Title be submitted prior to the issuance of any permits; 2) the final design and color of the buildings be consistent with the plans as submitted including the use of an exterior stucco finish; 3) signage comply with Code; 4) oak trees, crepe myrtles, and viburnum hedge be planted along the west side of buildings #3 and #5, as shown on the landscape plan; and 5) the design of the south side of building #3 and north side of building #5 be consistent with the motioncarried west elevations of those buildings. The was duly seconded and unanimously. ITEM C – LEVEL THREE APPLICATIONS Item C1 - 1765 Saint Croix Drive , approximately 600 feet north of Saint John Drive. Jeanette Elaine Harvey-Evans, Owner/Applicant. Request: 1) Annexation of 0.17 acres to the City; 2) Land Use Plan amendment from RU, Residential Urban Classification (County) to RU, Residential Urban Classification (Clearwater); and 3) rezoning from R-3, Residential, Single- ANX Family District (County) to LMDR, Low Medium Density Residential District (Clearwater). 00-05-08 The property owner has requested this annexation in order to receive sewer service. The property will have a land use plan designation of Residential Urban and is proposed to be zoned Low Medium Density Residential (LMDR) District. The subject site is a single-family residential home. The annexation of the property will eliminate an existing enclave in this subdivision. The applicant is currently receiving water from Pinellas County and will continue to do so. Sewer service will be provided by the City and capacity for the project is available for this utility. The applicant has paid the applicable sewer impact fee and is aware of the additional cost to extend sewer service to the property. Collection of solid waste will be provided by the City. The proposed annexation will have no adverse effect on public facilities and their level of service. The proposed annexation is consistent with the City’s Comprehensive Plan, the Countywide Plan, and with Florida law. Staff recommends approval. Member Petersen moved for the CDB to recommend approval of 1) The annexation; 2) the Residential Urban Plan category pursuant to the City’s Comprehensive Plan; and 3) of the Low Medium Density Residential (LMDR) zoning district pursuant to the City’s Community motion Development Code for property at 1765 Saint Croix Drive. The was duly seconded carried and unanimously. Item C2 - 1590 Gulf Boulevard , generally located on the west side of Gulf Boulevard, approximately 300 feet south of Marina Del Ray. Legally described as a portion of the South 474.02 feet of Government lot 2, lying within Section 19, Township 29 South, Range 15 East, Pinellas County, Florida. (MB 34/011) - Belleview Biltmore Properties, Inc., Owner/Applicant; Harry Cline, Esquire, Representative. Request: 1) Land Use Plan amendment from CG, mcd0700 4 07/18/00 Commercial General Category to RH, Residential High Category; and 2) rezoning from C, LUZ 00-05-08 Commercial District to HDR, High Density Residential District. Member Mazur declared a conflict of interest and did not participate in discussions or the vote. Member Gildersleeve served as Acting Chair. The owner/applicant requests to amend the Comprehensive Plan’s Future Land Use Map from Commercial General (CG) to Residential High (RH), and to rezone from the Commercial (C) district to the High-Density Residential (HDR) district. This plan amendment and rezoning application are requested by the property owner to build a multifamily residential development which is not permitted except as a component of a mixed-use development in the Commercial Zoning District. The subject site involves 41,838 square feet, or .96 acres, and includes a vacant restaurant. The vacant Cabana Club Restaurant is located immediately adjacent to the Cabana Club Condominium development and was constructed in the early 1980’s. The restaurant was constructed initially as a clubhouse and “members only” restaurant for the condominiums, but was sold in the early 1990’s and operated as a public restaurant. The restaurant has declined to a substandard condition and is not operational. This parcel historically has been designated commercial by the City. The Countywide Future Plan Rules allow residential development of 24 units per acre and 38 transient units such as hotel rooms or timeshares in the Commercial General Future Land Use category. There are 23 dwelling units allowed on the subject site through the Commercial General Land Use category. However, the Clearwater Community Development Code does not allow dwelling units outside of a mixed-use development in the Commercial Zoning District. The net difference or gain of units by amending the Future Land Use Plan from the Commercial General to Residential High classification is 5 units, and will be an insignificant increase in potential density. The subject site is located within a Coastal High Hazard Area which is defined as evacuation areas for a Category 1 hurricane. However, the Plan Amendment will not require additional infrastructure to accommodate the development. The parcel has already been developed and cleared of vegetation. The subject site is the only parcel on Sand Key with a Commercial General Future Land Use classification and Commercial Zoning. Residential High is the predominate Future Land Use Plan (FLUP) designation on private property on Sand Key. The proposed amendment for multifamily use is in keeping with the overall character of Sand Key and adjacent parcels. The proposed land use amendment is compatible with surrounding uses. The proposal is consistent with the City and Countywide Comprehensive plans and will not adversely affect public services, is compatible with the natural environment, and is consistent with the development regulations of the City. Staff recommends approval of: 1) Amending the Future Land Use Plan designation from Commercial General to Residential High, and 2) amending the zoning district designation from Commercial (C) to High Density Residential (HDR) at1590 Gulf Boulevard (MB 34/011). In response to a question, Senior Planner Gary Jones said the owner can build 28 units on this site. He said there will be no impact on fire and police services. Harry Cline, representative, said the applicant proposed to eliminate commercial zoning and commercial land use and replace it with High Density Residential zoning which is consistent with the surrounding area. In response to a question, Mr. Cline said the applicant could build 50 timeshare units with an accessory restaurant on the site. Mr. Stone said the maximum square footage the site would support is 23,000 square feet, subject to site mcd0700 5 07/18/00 considerations. A fast-food restaurant would support 3,000 square feet. Other uses that might be permitted on this commercially zoned site include government uses, indoor and outdoor recreation, marinas, offices, hotels, motels, churches, restaurants, alcoholic beverage sales, etc. Timothy Johnson stated he represents an unincorporated association known as SOB (Save our Beach) on Sand Key, comprised of residents of Dan’s Island Condominium, the Harbour, and Isle of Sand Key Condominium and requested party status under Code Section 4-206(d). Ms. Dougall-Sides said Code provides for granting of party status if the individual demonstrates he/she is a substantially affected person by the application. The party could cross-examine witnesses and present exhibits versus just making comments. It was remarked that the CDB prefers to hear comments from residents first. The CDB reserved a ruling on the party status request. Mr. Johnson said the applicant’s request will result in diminished quality of life and devalued property values for surrounding residents. He said the proposal fails to meet several Code requirements and requested the CDB deny the request. Nineteen (19) persons spoke in opposition of the application, including Mr. Johnson. In response to a question, one person said he did not know how the majority of people residing in the Cabana Club felt about the application. In response to a question, another person said their Realtor, not the City, told them that the 70-foot view corridor for their building would never be removed. Ms. Dougall-Sides said as testimony has been heard from Save our Beach on Sand Key members indicating how they were substantially affected by the application, the CDB could rule on Mr. Johnson’s request for party status. Member Petersen moved to recognize Timothy Johnson as the representative for the motion Save Our Beach on Sand Key. The was duly seconded and upon the vote being taken Members Plisko, Gildersleeve, Johnson, Moran, and Petersen voted “aye”; Member carried Mazur abstained. Motion. Ms. Dougall-Sides reminded the CDB that its rules require that the concurring vote of at least 4 members is required to take any action on an application and if a decision results in a 3:2 vote, the case will automatically be continued to the next meeting for a decision. Mr. Stone said staff must give the applicant and the public objective recommendations regardless of the interest in the application. He said the comment about the height between commercial and high-density residential structures was incorrect. In a standard Commercial (C) district, 25 feet is permitted and High-Density Residential permits 30 feet, a difference of 5 feet. At the upper end, HDR permits up to 80 feet in height; and Commercial permits 50 feet, a difference of 30 feet. Staff feels decisions about changes and land use and zoning are needed to ensure compatibility with uses in the High Density Residential District. He felt that a Commercial zoning in this area of Sand Key is a mistake. Staff feels this change is appropriate for the area. Staff’s recommendation is not based on what might be done, but what the potential for districts might allow. The issue of a view corridor to surrounding residents is always a predominant issue that staff understands, but that is not part of the application. In response to a question, Mr. Stone said staff does not know how the properties mcd0700 6 07/18/00 and development potentials were divided, however it appears development rights exist on the portion zoned Commercial that are independent of the rest of the project. In response to a question, Mr. Stone said he thought although Sand Key has no fire station, fire service is stationed on Sand Key. In any city there are always limitations on how high fire service personnel can reach on a tall building. Normally, that issue is dealt with in terms of building codes and sprinkler systems. Density of the project proposed is dealt with through land use category and zoning districts which in this case permits 28 units. Mr. Cline said the applicant is constructing a project of “like kind and quality” although the heights may be different than surrounding properties. Dan’s Island has 11 stories, the Cabana Club has 9 stories, and Isle of Sand Key has 17 stories. He said if the logic of protecting the view over someone else’s land was followed, there would be only one building on Sand Key. He said there is no vested right in zoning. He felt the applicant’s request is fair and reasonable. In response to a question, Tim Johnson said a maximum of 50 feet in height in Commercial and a maximum of 130 feet in High Density Residential is permitted. The Save our Beach on Sand Key does not feel the applicant can meet the criteria for an infill on a commercial development to increase the height to 50 feet. Discussion ensued and it was remarked that homeowners purchased their condominiums knowing the subject property was commercially zoned. It was remarked that a restaurant in this location will greatly affect the traffic. It was commented that based on the testimony heard, the project would negatively impact the community. Member Petersen moved that based on the testimony and staff report at this public hearing for the CDB to recommend denial of the request to amend the Comprehensive Plan’s Future Land Use Map from Commercial General (CG) to Residential High (RH) and to rezoned from the Commercial (C) district to the High Density Residential (HDR) district for property at motion 1590 Gulf Boulevard. The was duly seconded. Upon the vote being taken, Members Johnson, Moran, Plisko, and Petersen voted “aye”; Member Gildersleeve voted “nay”; Member carried Mazur abstained. Motion . The meeting recessed from 3:42 to 3:52 p.m. Item C3 - Kings Highway and Sunset Point Road , generally located on the southeast corner of Kings Highway and Sunset Point Road. Legally described as Lots B and C, Brentwood Estates Subdivision. Highpoint Investments, Inc., Owner/Applicant. Donald McFarland, Representative. Request: 1) Land Use Plan amendment from R/OG, Residential/Office General Category to RH, Residential High Category; and 2) rezoning from O, Office District to LUZ 00-05-04 MHDR, Medium Density Residential District. This plan amendment and rezoning application are requested by the property owner to build apartments since infill development is not allowed in the Office zoning District. The subject site involves two lots totaling 39,000 square feet or .89 acres which currently is vacant. The proposed use is an apartment complex. The proposed use is consistent with the City and Countywide Comprehensive plans, is compatible with the surrounding area, does not mcd0700 7 07/18/00 adversely affect public services, is compatible with the natural environment, and is consistent with the development regulations of the City. Staff recommends approval of 1) Amending the Future Land Use Plan designation from Residential/Office General to Residential High; and 2) amending the Zoning District designation of 1871 Kings Highway (Lots B and C, Brentwood Estates Subdivision) from Office (O) to Medium High Density Residential (MHDR). Donald McFarland, representative, said the applicant agrees with the staff report. He plans to construct a small apartment complex on the site. Member Johnson moved that based on the testimony heard and staff report for the CDB to recommend approval of the request to 1) Amend the Future Land Use Plan designation from Residential/Office General to Residential High; and 2) amend the Zoning District designation from Office (O) to Medium High Density Residential (MHDR) for property at motion 1871 Kings Highway (Lots B and C, Brentwood Estates Subdivision). The was duly carried seconded and unanimously. Item C4 - 110 McMullen Booth Road , generally located on the southwest corner of McMullen Booth Road and Drew Street. Legally described as the north three-fourths of the north one- half of the N.W. ¼ of the N.W. ¼ of Section 16, Township 29 South, Range 16 East. (MB 22/01). First Baptist Church of Clearwater, Inc., Owner/Applicant; Larry Ponder, ANX 00-05- Administrator/Representative. Request: Annexation of 11.81 acres into the City. 09 AND Item C5 -110 McMullen Booth Road , generally located on the southwest corner of McMullen Booth Road and Drew Street. Legally described as the north three-fourths of the north one- half of the N.W. ¼ of the N.W. ¼ of Section 16, Township 29 South, Range 16 East. (MB 22/01). First Baptist Church of Clearwater, Inc., Owner/Applicant; Larry Ponder, Administrator/Representative. Request: 1) Land Use Plan amendment from RU, Residential Urban Category (County) to I, Institutional Category (Clearwater), and 2) rezoning from AE, Agriculture/Estate District (County) to I, Institutional District (Clearwater). The property owner requests annexation of the property at 110 McMullen Booth Road. This property has a pending case being processed concurrently that proposes to change the Future Land Use Plan category to Institutional and zoning district to Institutional. This annexation involves one lot approximately 514,444 square feet or 11.81 acres which is currently vacant. A church and support facilities have been proposed for this site. The proposed annexation will not adversely effect City services. The applicants are aware of the required impact fees and other additional costs associated with the extension of sewer service to the site. The proposed annexation is consistent with Florida Law, he Community Development Code, and City regulations. Staff recommends approval of the annexation. Member Gildersleeve stated he and Mr. Ponder have discussed this matter as he is a member of the Church. He indicated he has no personal interest in the project. mcd0700 8 07/18/00 The plan amendment and rezoning application are requested by the property owner to redesignate property currently vacant to allow construction of a church and support facilities. Site plan considerations will be addressed in more detail during the development review process. The Pinellas Planning Council and Florida Department of Community Affairs will review this case which is a threshold amendment for both agencies. The proposed use is along the McMullen Booth scenic corridor which is designed residential which allows Institutional uses. The proposed Institutional Future land use category and Institutional Zoning District is consistent with the City and Countywide Comprehensive plans, compatible with the surrounding area, does not adversely affect public services, is compatible with the natural environment, and is consistent with the development regulations of the City. Staff recommends approval of: 1) Amending the Future Land Use Plan designation from Residential Urban (RU) to Institutional (I), and 2) amending the zoning district designation from County zoning to Institutional (I) for property at 110 McMullen Booth Road (MB 22/01). In response to a question, Mr. Jones said during peak hours traffic could impact the surrounding area. Larry Ponder, Administrator of First Baptist Church of Clearwater, Inc., said the church intends to relocate from downtown to the new site at 110 McMullen Booth Road. He feels the site will provide sufficient parking. The church will hire off-duty police officers to control traffic. Member Gildersleeve moved to recommend approval of Case ANX 00-05-09. The motioncarried was duly seconded and unanimously. Member Gildersleeve moved to recommend approval of Case LUZ 00-05-05. The motioncarried was duly seconded and unanimously. Item C6 - 19034 US 19N , generally located on the west side of U.S. Highway 19 North, 440 feet south of the Harn Boulevard intersection. Legally described as Lot 1, Bradford Court Subdivision. Bradford-Scott Corp. of Florida, Owner/Applicant. Jason Lesser, Coastal Builders, Inc., Representative. Request: 1) Land Use Plan amendment from CG, Commercial General Category to RH, Residential High Category, and 2) rezoning from C, Commercial LUZ 00-05-06 District to MHDR, Medium High Density Residential District. The applicant requests to amend the Comprehensive Plan’s Future Land Use Map from Commercial General (CG) to Residential High (RH), and to rezone from the Commercial (C) district to the Medium High-Density Residential (MHDR) district. The property owner plans to build multifamily residential since the Commercial Zoning District does not permit multifamily residential development outside of a mixed-use development. The subject site involves 187,744 square feet or 4.31 acres which currently is vacant. The Pinellas Planning Council will review this case and Florida Department of Community Affairs as a threshold case. The proposed use is consistent with the City and Countywide Comprehensive plans, is compatible with the surrounding area, will not adversely affect public services, is compatible with the natural environment, and is consistent with the development regulations of the City. The level of service for US 19 will not be degraded. Staff recommends approval of 1) Amending the Future Land Use Plan designation of 19034 U.S. Highway 19 (Lot 1, Bradford Court Subdivision) from Commercial General to Residential High, and 2) amending the Zoning mcd0700 9 07/18/00 District designation of 19034 U.S. Highway 19 (Lot 1, Bradford Court Subdivision) from Commercial (C) to Medium High Density Residential (MHDR). Jason Lesser, applicant’s partner, said the applicant agrees with the staff report. Member Johnson moved for the CDB to recommend approval of the request to 1) Amend the Future Land Use Plan designation of 19034 U.S. Highway 19 (Lot 1, Bradford Court Subdivision) from Commercial General to Residential High, and 2) amend the Zoning District designation of 19034 U.S. Highway 19 (Lot 1, Bradford Court Subdivision) from motion Commercial (C) to Medium High Density Residential (MHDR). The was duly seconded carried and unanimously. ITEM C7 – Text Amendment Request: Amendments to the Community Development Code regarding residential rental property, signage, publicly-owned facilities, parking in residential TA 00-06-04 areas, newsracks, and portable storage units. When reviewing Ordinance Number 6526-00, Comprehensive Amendments to the Community Development Code, the City Commission deferred action on several issues that were either proposed in Ordinance Number 6526-00 or brought forward by citizens. The following issues were deferred or recommended for further review until the July 20, 2000, Commission meeting: 1) Regulations restricting the renting of residential property; 2) regulations regarding the permitted duration of portable storage units on property and the need to provide different regulations for residential and non-residential property, and the allowance of two signs instead of one on portable storage units; 3) the amount of permitted window signage; 4) the regulation of temporary sign coverings; and 5) the prohibition of parking on landscaped areas in front setbacks in residentially zoned districts. Staff is requesting that four other amendments not discussed at either June meeting be considered: 1) Whether to permit roofed structures on publicly owned boardwalks, observation platforms, and elevated nature trails; 2) to establish newsracks on publicly owned property not in compliance with Code requirements as a nuisance; 3) to revise the purpose statement of the nonconforming provisions; and 4) to reduce the amount of time allotted for compliance for nuisance violations from ten to five days. The CDB discussed and made a recommendation at its workshop and public hearing earlier this year on the six month Code update regarding amendments related to renting residential property, portable storage units, and parking on the grass. It is in the Board’s discretion whether to discuss and entertain comment on these issues again. The Commission deferred the renting of residential property to allow staff more time to work with stakeholders, initially took out the prohibition of parking in landscaped areas in front yards then put it back in, and passed the amendment regarding portable storage units but asked staff to research it further and propose further revisions. It was remarked that although staff has further reviewed the items previously reviewed by the CDB, no changes were made, except for allowing for additional on-site time for storage on commercial properties in the portable storage units amendment. One member requested the record reflect that although in the minority vote, she is still opposed to the amendment to the renting of residential property. mcd0700 10 07/18/00 Staff is requesting the CDB’s input regarding other amendments: 1) Window signs; 2) temporary sign coverings/grand opening signs; 3) publicly owned boardwalks/observation platforms; 4) newsracks; 5) nonconformity provisions; and 6) enforcement proceedings. Staff is proposing to amend the existing window sign provision that restricts window signage to 20% of the window area on which the sign is located, or 4 square feet, whichever is less. Staff is proposing that window signage be permitted up to 8 square feet in area provided that 25% of the window area on which the sign is located is not exceeded. The amendment also imposed a maximum amount of window signage of 24 square feet so that window signage does not exceed the amount of attached signage that is allowed. The proposed increase in permitted window signage also should accommodate the periodic event sign (i.e. for special sales) which was deleted from Section 3-1805(C). In response to the recent increased use of temporary sign coverings such as toaster covers, sign socks, and sign boots, staff is proposing to address this issue in Section 3-1805(C) which regulates temporary signs. Staff originally proposed to prohibit toaster covers to encourage a business to install a new sign. At the June 1, 2000, meeting, the Commission directed staff to permit temporary coverings for grand openings for new businesses or for business name changes and this has been added to the ordinance. A provision also was added which imposes a time restriction of 30 days after the issuance of an occupational license. Staff also is proposing to eliminate the temporary sign that is permitted once a year for “periodic events”. In response to a question, Senior Planner Gina Clayton said staff did not talk to the business community, but spoke to neighborhood advocates. Staff is proposing to add a new subsection (M) to Section 3-601 of the ordinance. This amendment would permit roofed structures on publicly owned boardwalks, observation platforms, elevated nature trails, and other such structures not intended for use as a dock facility. The proposed provision also prohibits the use of vertical walls. The purpose of this amendment is to give flexibility to the City when erecting or retrofitting such facilities. Staff is proposing to expand the nuisance provisions regarding newsracks in Section 3- 1503(B)(12). The current Code requirement declares newsracks and vending machines a nuisance if located in a manner that causes imminent danger or is otherwise unsafe. Staff is proposing to expand this to include any newsrack on public property not in compliance with the newsrack requirements to be a nuisance. The proposed amendment would provide code enforcement officers the ability to remove noncompliant racks after sufficient notice is given to the owner and it is not removed. Staff is proposing to revise the purpose/applicability section of the nonconformity provisions. The proposed amendment clarifies that structures, uses and lots that were lawful on the date of the adoption of the Code, but not under the new Code, are considered nonconforming. It also further clarifies the intent of the Code to bring nonconforming properties into compliance through a change of use, redevelopment, or other change of condition. Staff is proposing to reduce the amount of time given to a property owner to correct a nuisance violation. The proposed amendment reduces the required compliance time from 10 to 5 days. This would provide the Community Response Team with the means to require rapid resolution of nuisance situations. Examples of nuisances include abandoned buildings, mcd0700 11 07/18/00 accumulations of weeds, debris, etc.; grass/weeds exceeding 12 inches, and outdoor storage of dismantled or inoperative vehicles, equipment, etc. It should be noted that Community Response Team deals with violations on a case-by-case basis and where circumstances dictate more time for compliance, such flexibility would still exist. In addition, any violation of the Code not deemed a nuisance would be treated through the existing Code enforcement board process. In response to a question, Ms. Dougall-Sides said it is clear in the Code that the compliance time refers to calendar days. Four additional provisions proposed by staff that have surfaced are: 1) Residential Infill Projects; 2) fences; 3) Comprehensive Sign Program; and 4) temporary yard signs. Criteria for residential infill projects provides flexibility to vary development standards permits flexibility in development standards that may be reduced beyond what is listed in use charts. Staff is proposing to more clearly identify this flexibility by adding a footnote to each flexible development use chart in the residential zoning districts specifying that the development standards enumerated for residential infill projects are guidelines and may be varied depending on each site plan. Staff added a provision in the Code update regarding corner lot fence, however it does not adequately address differing corner lot configurations and needs to be more specific. Staff is proposing that if a corner lot has a rear yard that abuts the rear yard of another corner lot, a six-foot high fence would be permitted in the yard abutting the side street. Consensus of the CDB was not to recommend this amendment to the Commission. Staff also is proposing that if a rear yard of a corner lot abuts a front yard of another lot that only a three-foot high fence be permitted in front of the setback line of the principal building on the adjacent lot. This provision will protect the view of an adjacent property owner. In response to a question, Ms. Clayton said the setback a six-foot high fence would be based on the neighbor’s property line, not the street setback. Mr. Stone said this amendment was derived from applications on major corridors where owners with side yards and corner lots want more privacy from the street. Consensus of the CDB was not to recommend this amendment to the Commission. Staff has determined there are no regulations that permit political speech in the nonresidential zoning districts. Staff is proposing that the current temporary yard sign be expanded to include a sign not exceeding 32 square feet in the nonresidential zoning districts. Staff added provisions for monument signs in the nonresidential zoning districts in the Code update. It was never contemplated, however, that such signs be subject to the Comprehensive Sign Program which allows an increase of up to 100% in sign size. Staff is proposing that an amendment clarifying this be made to the Comprehensive Sign Program provisions. In response to a question, Mr. Stone said staff anticipates that amendment proposals will be brought before the CDB no more than once a year hereafter. It was remarked that signs for refurbished movie theaters was not addressed in the Code. Mr. Stone said unless an applicant brought the issue forward, that amendment would not be discussed. A procedure in the Code allows applicants to suggest amendments upon payment of an application fee. mcd0700 12 07/18/00 A representative from PODS (Portable On Demand Storage) requested that staff and the CDB revisit the section of Code referencing portable storage units. She thought the POD would be permitted on the property as long as the permit is active. It appears the PODS will be restricted to only 4 days on location during an active permit. She feels the PODS should be permitted on the site during the entire remodeling process. Mr. Stone said staff feels PODS are intended to be brought to the property as a portable means of storage versus long-term storage units. In response to a question, the PODS representative said PODS can easily be deposited in a side or rear yard, although from a collection standpoint, they are easier to remove if in a driveway. Mr. Stone said the Commission will consider this issue on Thursday. One resident spoke in opposition to PODS on a site for a long period of time and in rear or side yards. In response to a concern from an attorney, Mr. Stone said a section of the Code provides for construction-related storage units not related to PODS. Member Johnson moved that the CDB concurs with staff’s recommendations for the motion amendments presented today, with the exception of the two fence amendments. The carried was duly seconded and unanimously. Item C8 - 2755 Daniel Street , generally located on the south side of Daniel Street 200 feet west of McMullen Booth Road. Legally described as Lot 4, Block 3, Acker’s Subdivision. Barry J. Vogel, Owner/applicant. Marcus Vernon, Representative. Request: Annexation of 0.18 ANX 00-05-10 acres into the City. AND Item C9 - 2755 Daniel Street , generally located on the south side of Daniel Street 200 feet west of McMullen Booth Road. Legally described as Lot 4, Block 3, Acker’s Subdivision. Barry J. Vogel, Owner/applicant. Marcus Vernon, Representative. Request: 1) Land Use plan amendment from RU, Residential Urban Category (County) to R/OG, Residential/Office General Category (Clearwater), and 2) rezoning from R-3District (County) to O, Office District LUZ 00-05-07 (Clearwater). The owner is requesting to annex property at 2755 Daniel Street. The property has a pending case being processed concurrently that proposes to change the Future Land Use Plan category to Residential/Office General and zoning district to Office. This annexation involves one lot of 8,276 square feet or .19 acres which currently has a single-family residence. An office development has been proposed for the annexed site and adjacent .55 acres presently in the City and is being processed in case FL 00-05-07. The proposed annexation will not adversely affect public services, is consistent with Florida law, the Community Development Code, and City regulations. Staff recommends approval of the (LUZ 00-05-10) annexation of the property at 2755 Daniel Street. The property owner also has submitted a plan amendment and rezoning application to redevelop this lot, designated Residential Urban, in conjunction with adjacent lots designated Residential/Office General. Currently, a single-family house is located on the subject lot (.19 mcd0700 13 07/18/00 acres) and with surrounding property is proposed to be redeveloped with an office (total site - .74 acres). The site plan is being reviewed concurrently with this application. The proposed Residential/Office General Future Land Use and Office Zoning District does not adversely affect public services, is compatible with the natural environment, and is consistent with the development regulations of the City. Staff recommends approval of: 1) Amending the Future Land Use Plan designation from Residential Urban (RU) to Residential/Office General (R/OG), and 2) amending the zoning district designation of 2755 Daniel Street from County zoning to Office (O). Marcus Vernon, representative, said he had no objection to the CDB hearing both cases concurrently. He thanked staff for their assistance. Member Petersen moved, based on the staff report at this public hearing, that the CDB recommend approval to the Commission of the annexation request for property at 2755 Daniel motioncarried Street. (ANX 00-05-10). The was duly seconded and unanimously. Member Petersen moved, based on the staff report at this public hearing, that the CDB recommend approval to the Commission of: 1) Amending the Future Land Use Plan designation from Residential Urban (RU) to Residential/Office General (R/OG), and 2) amending the zoning district designation of 2755 Daniel Street from County zoning to Office motioncarried (O). (LUZ 00-05-07). The was duly seconded and unanimously. ITEM D – LEVEL TWO APPLICATIONS Item D1 - 2750 McMullen Booth Road . Barry J. Vogel, Owner/applicant. Marcus Vernon, Representative. Request: 1) Flexible Development approval 1) to reduce the front setback from 25 to 10 feet (Charles Avenue); 2) reduce the front setback from 25 to 7 feet (McMullen Booth Road); 3) reduce the front setback from 25 to 24 feet (Daniel Street); 4) reduce the side setbacks from 20 to 5 feet; and 5) reduce the required number of parking spaces from 24 to 22 spaces, as a Comprehensive Infill Redevelopment Project with Comprehensive Landscape FL 00-05-17 Program. Proposed Use: An 8,000 square foot office building. The applicant is proposing to develop an 8,000 square feet office building as part of a Comprehensive Infill Redevelopment Project. The project includes the demolition of the existing single-family home, reduction of front setback from 25 to 10 feet along Charles Avenue, reduction of front setback from 25 to 7 feet along McMullen Booth Road, reduction of front setback from 25 to 24 feet along Daniel Street, reduction of side setbacks from 20 to 5 feet, and reduction in parking requirement from 24 to 22 spaces. The new office building will have a dark green colored pitched asphalt shingle roof, 15 feet in height as measured to the midpoint of the roof. The building will be pale yellow stucco and buff color brick. The colors are subject to change. Staff believes any changes should be consistent with those on the plan. Windows will be incorporated on all elevations and shutters are included on the north and east (front) elevations. The proposal includes ingress along Charles Avenue to a one-way (northbound) driving aisle and parking lot. The 22 parking spaces are shown at a 75-degree angle. Egress is provided at the north end of the parking lot at Daniel Street. The site plan provides no direct access to McMullen Booth Road. The 0.74-acre site is irregularly shaped with 355 feet of frontage on McMullen Booth Road, 244 feet of frontage on Daniel Street and mcd0700 14 07/18/00 just over 50 feet of frontage on Charles Avenue. A portion of the site, 0.19 acres, is the subject of pending annexation, land use plan amendment and rezoning cases (ANX 00-05-10 and LUZ 00-05-07). That portion contains an existing single-family residence. The area facing McMullen Booth Road is undeveloped. The majority of the site has overgrown shrubbery and contains several mature oak trees. McMullen Booth Road is classified as a major arterial and is a designated scenic corridor. Proposed landscaping exceeds Code requirements. The applicant is pursuing a permit with Pinellas County to landscape the right-of-way. Staff recommends approval, subject to conditions: 1) The landscape plan be further revised to include a tiered effect along McMullen Booth Road, as provided through a landscape easement within the right-of-way, and that the agreement with Pinellas County for same be finalized prior to the issuance of a building permit; 2) if the agreement to landscape the right- of-way is not secured, the landscape plan be amended to exceed Code requirements, to the satisfaction of staff; 3) the landscape plan exceeds the intent of the Code including perimeter landscaping along all property lines; 4) the final design and color of the building be consistent with the plans as submitted; and 5) signage comply with Code. Discussion ensued and it was felt that staff’s Condition #3 is similar to Condition #2. Marcus Vernon, representative, said a system is in place for a landscaping easement in Pinellas County, but getting it is another story. He said the issue regarding Condition #2 is economic stability. The applicant has agreed to forego the entrance on McMullen Booth Road, forego a parking configuration that allowed for 2 more spaces, and forego a retention pond in proximity to McMullen Booth Road. The applicant has indicated he will make a concerted effort to obtain a landscape easement. Mr. Vernon said Condition #2 was added after he met with staff. In the event the applicant does not obtain the landscape easement, he feels the applicant should be permitted to proceed with the site plan as submitted. Discussion ensued and Mr. Vernon was agreeable to providing the same amount of landscaping dollar for dollar elsewhere on the site. He said tiering landscaping on an alternate location has not been discussed with staff. Mr. Stone stated that staff can work with Mr. Vernon and the applicant regarding the landscaping issue. Member Johnson moved that the CDB approve Case FL 00-05-17 for Flexible Development approval at 2750 McMullen Booth Road, subject to staff conditions, amending Condition #2 to read “if agreement to landscape the right-of-way is not secured, the landscape plan be amended to exceed landscape Code requirements, in an equal monetary equivalent motion as if the landscaping easement had been obtained. The died for lack of a second. Discussion ensued regarding the redundancy of Condition #3. Member Johnson moved that the CDB approve Case FL 00-05-17 for Flexible Development approval at 2750 McMullen Booth Road, subject to staff conditions, amending Condition #2 to read “if agreement to landscape the right-of-way is not secured, the landscape plan be amended to exceed landscape Code requirements, to the satisfaction of staff, in an equal monetary equivalent as if the landscaping easement had been obtained”, and delete motioncarried Condition #3. The was duly seconded and unanimously. mcd0700 15 07/18/00 Item D2 - 850 Eldorado Avenue . Thomas & Kathleen Sherman, Owners/applicants. Request: Flexible Development approval to reduce the front setback from 25 to 12 feet, and increase the maximum impervious surface ratio from 0.65 to 0.75, as part of a Residential Infill FL 00-05-15 Project. Proposed Use: An addition to an existing single-family residence. The applicant is requesting Flexible Development approval to reduce the front setback from 25 to 12 feet and increase the maximum impervious surface ratio for the site from 0.65 to 0.75, as a Residential Infill Project. The site is 0.15 acres located on the northwest corner of Gardenia Street and Eldorado Avenue. The site is located in an area of the beach for which redevelopment requests are common. Eldorado Avenue is a two-lane residential street with a 50-foot right-of-way. Gardenia Street is an unimproved public right-of-way from which public access is provided to the beach. The site contains an existing 3,000 square foot single-family dwelling with an attached, two-car garage, built in 1968. The house is currently setback 10 feet from Eldorado Avenue and is five feet from the north (side) property line. The applicants are proposing to add 89 square feet to an existing master bedroom and 26 square feet to the entryway, totaling 115 square feet. The master bedroom addition will be 12 feet from the front setback on Eldorado Avenue. The required front setback along Eldorado Avenue is 25 feet, which appears extraordinary given the narrow width of the road, however, the request to reduce the front setback (Eldorado Avenue) from 25 to 12 feet is in keeping with the established character of the area. A majority of the houses in the area have been built at approximately this setback. The proposed addition will not encroach any farther into the front setback than currently exists. The request also includes an increase in the maximum impervious surface ratio (ISR) is from 65 to 75 percent. The existing ratio already exceeds Code requirements by eight- percent (0.73). Staff recommends approval of the request. Chuck Retchless, representative, concurred with staff’s recommendations. Member Petersen moved that the CDB approve the Flexible Development request to reduce the front setback from 25 to 12 feet along Eldorado Avenue and increase the maximum impervious surface ratio from 0.65 to 0.75, as part of a Residential Infill Project, for the site at motioncarried 850 Eldorado Avenue. The was duly seconded and unanimously. Item D3 - 3219 San Bernadino Street. David & Beth Philion, Owners/Applicants. Request: Flexible Development approval to reduce the side setback from 15 to 7.5 feet as part of a Residential Infill Project. Proposed Use: A master bedroom addition to an existing single- FL 00-05-16 family residence. The applicants are requesting Flexible Development approval to reduce the side setback from 15 to 7.5 feet, as part of a Residential Infill Project. The site is approximately 0.23 acres located on the south side of San Bernadino Street, approximately 240 feet east of Monterey Avenue. The site contains an existing 1,931 square foot single-family dwelling built in 1958. The dwelling encroaches into the required side setbacks along the east and west property lines. The east side setback is 11.5 feet and the west side setback is 10.5 feet. All other setbacks comply with Code requirements for the Low Density Residential District. The applicants are proposing to construct a 365-square foot master bedroom addition to the rear of the home. The proposal will result in an encroachment into the east side setback. The mcd0700 16 07/18/00 request is a reduction in the (east) side setback from 15 to 7.5 feet. The proposed addition will be constructed to match the architectural style of the existing house. It will be constructed with an exterior finish and roof materials that will blend into the house. The house is located in the Del Oro Groves neighborhood in eastern Clearwater. Staff recommends approval. David Philion, owner, said he wishes to add a room onto his house. Member Gildersleeve moved that the CDB approve the Flexible Development request to reduce the side setback from 15 to 7.5 feet, as part of a Residential Infill Project. The motioncarried was duly seconded and unanimously. Item D4 – 3273, 3281 Landmark Drive. Dr. Douglas Weiland, Owner/applicant. Request: Flexible Development approval to install a six-foot fence within the required 25-foot front setback, as part of a Residential Infill Project. Proposed Use: A 6-foot fence with brick FL 00-05-22 columns along the frontage of two single-family lots. The applicant is requesting Flexible Development approval to construct a brick and metal fence at a height of 6 feet within the front setback of 3273 and 3281 Landmark Drive and to construct a black vinyl-clad chain link fence along the southern property of 3273 Landmark Drive within the front setback, as part of a Residential Infill Project. The site is 2 parcels, held in common ownership, totaling 2.09 acres. The parcels are on the east side of Landmark Drive, approximately 450 feet north of Geiger Court. The site contains 2 single- family dwellings. The site at 3273 Landmark Drive contains a 6-foot aluminum, picket fence with masonry columns along a portion of the front (west) property line. The applicant is proposing to continue the fence, north along the front (west) of property at 3281 Landmark Drive. The aluminum, picket fence also will continue at the southwest corner of the property at 3273 and run east for 20 feet. The proposal also includes the installation of a 6-foot, black vinyl-clad chain link fence to be located along the side (south) property line of the property at 3273 Landmark Drive. The chain link fence will begin 20 feet east of the southwest corner of the site joining the proposed 6-foot aluminum, picket fence and will run east to meet with an existing 6-foot wood fence. The site is in a desirable part of the City that has maintained a significantly high quality of architecture. The request is to reduce the front setback (west) from 25 to zero feet for a 6-foot aluminum, picket fence with masonry columns and a chain link fence. The proposed picket fence will match the architectural style and materials of the existing structures. The proposed chain link fence will begin 20 feet from the front setback and will be clad in black vinyl and heavily landscaped. Staff recommends approval. Roberto Klar, architect, said the applicant wishes to extend his fence to include his entire property. Member Petersen moved that the CDB approve the Flexible Development request to construct a brick and metal fence at a height of 6 feet within the front setback of 3273 and 3281 Landmark Drive, and to construct a black-vinyl clad chain link fence along the southern property of 3273 Landmark Drive within the front setback, as part of a Residential Infill Project motioncarried at the sites at 3273 and 3281 Landmark Drive. The was duly seconded and unanimously. mcd0700 17 07/18/00 Item D5 - 800 Eldorado Avenue. Thomas & Pauline Deal. Request; Flexible Development approval 1) to reduce the front setback from 25 to 7 feet on Mango Street; 2) reduce the front setback from 25 to 15 feet on Eldorado Avenue, and 3) increase the height of the dwelling from 30 to 32 feet as part of a Residential Infill Project. Proposed Use: Single-family FL 00-05-20 residence. Member Plisko declared a conflict of interest and excused himself from the discussion and vote. The owners are requesting Flexible Development approval to reduce the front setback from 25 to 7 feet on Mango Street, reduce the front setback from 25 to 15 feet on Eldorado Avenue, and increase the height of the dwelling from 30 to 32 feet, as part of a Residential Infill Project. The site is 0.15 acres on the northwest corner of Eldorado Avenue and Mango Streets. Eldorado Avenue is a 2-lane, residential street with a 60-foot right-of-way. Mango Street, although platted as a public street with 60 feet of right-of-way, has been improved with a pedestrian access-only to the beach. It will continue to be used as public access to the Gulf. The site is in a desirable part of the beach that is undergoing redevelopment. The site includes a 1,472 square foot single-family dwelling. The house is set back approximately 9 feet from the front property line on Eldorado Avenue and approximately 7 feet from the front property line on Mango Street. As a corner lot, the site has 2 front setbacks. The applicant is proposing to demolish the existing house and construct a new 3,600 square foot, single-family dwelling. The required front setback along Eldorado Avenue is 25 feet, which seems extensive given the narrow width of the road. The request to reduce the front setback (east property line) from 25 to 15 feet is in keeping with the established character of the area and would otherwise be a Flexible Standard request requiring a staff-level, administrative review. The proposed dwelling will sit farther from the east property line than currently exists. The request for the second front setback reduction on Mango Street from 25 to 7 feet requires this case be reviewed as a Flexible Development request. The request to reduce the front setback along Mango Street is in keeping with other sites in the area that adjoins public access to the beach. The owner seeks to maintain a consistency in the streetscape of the neighborhood. The applicant also is requesting a height increase from 30 to 32 feet. This will bring the house into visual conformance with the rest of the neighborhood and maximize the potential of the site. The houses will have three stories. A two-bay garage will be located on the lower level with 2 levels of living space above, which is consistent with the neighborhood. Staff recommends approval. Thomas Deal, owner, said he was present to answer questions. Member Petersen moved that the CDB approve the Flexible Development application for a reduction in the front setback from 25 to 7 feet on Mango Street, a reduction of the front setback from 25 to 15 feet on Eldorado Avenue, and an increase in height from 30 to 32 feet motion as a Residential Infill Project, for the site at 800 Eldorado Avenue. The was duly seconded and upon the vote being taken Members Mazur, Gildersleeve, Johnson, Moran, and carried Petersen voted “aye”; Member Plisko abstained. Motion. Item D6 - 2853 Foxwood Drive. Bradley W. Mitchell, Owner/Applicant. Request: Flexible Development approval 1) to reduce the rear setback from 25 to 17 feet, and 2) reduce the side mcd0700 18 07/18/00 setback from 15 to 7.66 feet, as part of a Residential Infill Project. Proposed Use; A 673 FL 00-04-11 square-foot addition to an existing single-family residence. The owners are requesting Flexible Development approval to reduce the rear setback from 25 to 17 feet and reduce the side setback from 15 to 7.66 feet, as part of a Residential Infill Project. The site is 0.39 acres on the south side of Foxwood Court, approximately 150 feet west of Landmark Drive. The lot is an irregular rectangle shape that is wider at the street than along the rear property line. The neighborhood has numerous homes that continue to be well maintained. The site contains a 3,697 square foot single-family dwelling built in 1978. The dwelling contains an attached garage and open porch, as do most of the surrounding homes. The house encroaches on the required 15-foot side setback (east property line) by nearly 4 feet. All other setbacks comply with Code requirements for the Low Density Residential District. The applicants wish to construct a 673-square foot addition to the rear of the home. The addition will encroach into the side and rear setbacks resulting in an 8-foot (east) side setback and a 17-foot rear setback. The proposed addition will not protrude past the existing side walls and will not be seen from Foxwood Court. Existing vegetation and an existing 6-foot wood privacy fence surrounding the back yard will help screen the addition from surrounding properties. Staff recommends approval. Tom Drunasky, representative, was present for questions. Member Petersen moved that the CDB approve the Flexible Development request to reduce the rear setback from 25 to 17 feet and reduce the side setback from 15 to 7.66 feet, motioncarried as part of a Residential Infill Project. The was duly seconded and unanimously. Item D7– 1400 Garden Avenue. Religious Community Services, Owner/Applicant. Request: Flexible Development approval of an expansion of a residential shelter with a request to: 1) reduce the front setback from 25 to 11 feet (Garden Avenue); 2) reduce the side setback from 10 to 4 feet along the south property line (starting at the southwest corner of the site running to the west); 3) reduce the side setback from 10 to 3 feet along the south property line (starting the southwest corner of the site running to the east); and 4) reduce the number of required parking spaces from 26 to 24, as a Comprehensive Infill Redevelopment Project. Proposed FL Use: A 6,980 square-foot expansion of an existing 7,149 square-foot residential shelter. 00-05-18 Member Plisko declared a conflict of interest and excused himself from discussion and the vote. The applicant requests Flexible Development approval to reduce the front setback from 25 to 11 feet (Garden Avenue), reduce the side setback from 10 to 4 feet along the south property line (from the southwest corner of the site to the west), reduce the side setback from 10 to 3 feet along the south property line (from the southwest corner of the site to the east), reduce the number of required parking spaces from 26 to 24 spaces, and approve an expansion of a residential shelter, as a Comprehensive Infill Redevelopment Project. The 0.80-acre site is irregularly shaped with 210 feet of frontage on Garden Avenue and 162 feet of frontage on N. Fort Harrison Avenue. It includes 8 lots (Lots 1, 3, 4, 5, 10, 18, 19, and 20) mcd0700 19 07/18/00 that have been combined through Unity of Title. The site is the current location of the Haven House that includes 3 existing structures totaling 7,149 square feet. The existing structures include a 4,915 square foot two-story, masonry building (located on Lot 4 at the northwest corner of the site), a 1,202 square foot two-story, masonry building (located on Lot 10 at the northeast corner of the site) and a 1,032 square foot single-story masonry structure (located on Lot 1 at the southwest corner of the site). The Haven House has been located at this site since 1983. It provides shelter to victims of domestic violence and their children and currently operates with 20 beds with 15 staff members. The proposal includes converting the existing structures to offices, an addition to the smaller 2-story structure, and increasing the number of beds to a total of 34. There will be no increase to the number of staff. The proposal includes the expansion of the existing structure on Lot 10 with a 6,980 square foot addition. The addition will be setback 20.35 feet from the east (front) property line. A new porch will be added to the existing 2-story structure on Lot 1. It will extend 8 feet to the east in line with the existing building. Five new parking spaces will be added to Lot 18 (southeast portion of the site) with a side (south) setback of 4 feet. There are 3 existing access points on the site, 2 from N. Ft. Harrison Avenue (1 each for Lots 1 and 5) and 1 from N. Garden Avenue (Lot 10). A fourth access point will be added for the proposed parking spaces on Lot 18. The proposal incorporates the use of a 6-foot masonry wall (for security purposes) along eastern portion of the site with landscaping on the exterior side. The landscape plan provided exceeds the intent of the Code. Staff recommends approval. Linda Amidi, representative, was present for questions. She commended staff for their assistance. Member Gildersleeve moved that the CDB approve the Flexible Development application to reduce the front setback from 25 to 11 feet (Garden Avenue), reduce the side setback from 10 to 4 feet along the south property line (from the southwest corner of the site to the west), reduce the side setback from 10 to 3 feet along the south property line (from the southwest corner of the site to the east), reduce the number of required parking spaces from 26 to 24 spaces, and approve an expansion of a residential shelter, as a Comprehensive Infill motion Redevelopment Project, for the site at 1400 North Garden Avenue. The was duly seconded. Upon the vote being taken Members Mazur, Gildersleeve, Johnson, Moran, and carried Petersen voted “aye”; Member Plisko abstained. Motion. Item D8– 333 Chestnut Street. Pinellas County/Thomas Borawski, Owner/applicant. Request: Flexible Development approval 1) to reduce the front setback from 25 to 8 feet (Palm Avenue); 2) reduce the front setback from 25 to 9 feet (Oak Avenue); 3) reduction in side yard from 10 to 3 feet; and 4) reduction in required number of parking spaces from 121 to 61 spaces ( 6 spaces on-site and 55 spaces off-site), as part of a Comprehensive Infill Redevelopment Project with Comprehensive Landscape Program. Proposed Use: A 22,000 square foot television studio in association with an existing 8,235 square foot facilities FL 00-05-21 maintenance building. Member Gildersleeve declared a conflict of interest and excused himself from the discussion and vote. mcd0700 20 07/18/00 The applicant requests Flexible Development approval to reduce the front setback from 25 to 8 feet (Palm Avenue), reduce the front setback from 25 to 9 feet (Oak Avenue), reduce the side yard from 10 to 3 feet, and reduce the required number of parking spaces from 121 to 61 spaces (6 spaces on-site and 55 spaces off-site), as part of a Comprehensive Infill Redevelopment Project with Comprehensive Landscape Program. The 1.06-acre site is at the southeast corner of Chestnut Street and Oak Avenue, west of Palm Avenue. It is part of a larger Pinellas County government campus just south of downtown Clearwater. The site recently contained a 1,104 square feet 2-story wood building and a 656 square feet single- story building that operated as a production studio. Those structures were razed as part of this redevelopment proposal. It also contains an 8,235 square foot facilities maintenance building that will be maintained as part of this application. There were 52 legal parking spaces on site that served the existing use and the larger government campus; 50 were reassigned to other parking lots and 2 will remain as part of the new site plan. Redevelopment of the site includes the replacement of the former television studio with a new 22,000 square foot building. The building will be 32 feet in height with a flat roof. The building materials will include brown brick and yellow stucco. Although the architectural style is modern, the building will fit the scale of surrounding buildings. The façade along Palm Avenue will contain numerous windows. The Chestnut Street elevation features a large circular window. The Oak Avenue elevation depicts a stucco façade and large doors for studio use. The use of stucco and brick add interest to the exterior walls. The landscape plan includes a mixture of shade and ornamental trees, shrubs, palms and ground cover. Revisions need to be made to the perimeter landscaping including additional plantings around the detention basin and supplemental periphery trees and shrubs. The proposal includes a reduction in the front setback along Oak Avenue from 25 to 9 feet, a reduction in front setback from 25 to 8 feet along Palm Avenue and a side setback reduction from 10 to 3 feet. The reduction in setbacks will help ensure that the building is in harmony with the immediate vicinity. There are existing 4-foot sidewalks along Oak Avenue and Chestnut Street. A 5-foot sidewalk will be provided along Palm Avenue. The proposal also includes a reduction in the required number of on-site parking spaces from 121 to 6 spaces. The television studio is part of a large County Government campus that has multiple parking lots in the immediate area. The total number of employees will be 30 with up to 20 visitors. The applicant has indicated that 50 spaces will be needed for the proposed building. Code requires that parking be based on the gross floor area, however, the size of the proposed building reflects space needed for equipment rather than people. The applicant’s calculation for parking is a better indication of need than current Code requirements. The same rationale is used for the existing facilities management building. Code requires 33 parking spaces based on the building size, yet, the applicant has shown there is a need for only 11 spaces based on the number of employees that work at the facility. The proposed building will displace 50 parking spaces of the 52 spaces that were recently removed on the property. These 50 spaces were reassigned to other lots throughout downtown (28 spaces were assigned to the Methodist Church to the south, 16 spaces were assigned to the First Christian Scientist Church, and 6 spaces were assigned to the City parking lot located on the northeast corner of Ft. Harrison Avenue and Court Street). Based on the applicant’s need, 61 parking spaces are required for the new and existing buildings. The plan includes 6 parking spaces to be provided on-site. The remaining 55 parking spaces are to be provided elsewhere within the larger campus. Staff agrees the parking demand for this project is 61 spaces and the applicant has agreed to provide a total of 61 spaces (6 spaces on-site and 55 spaces off-site). Staff recommends approval, subject to conditions: 1) The temporary off-site parking (northeast corner of Turner Street and Ft. Harrison Avenue) be permitted until the provision of mcd0700 21 07/18/00 adequate alternate or permanent parking is provided to the satisfaction of staff, whichever occurs first; 2) should parking arrangements at this lot change and/or be unavailable to the site, the City will be notified immediately to establish a mutually acceptable alternate parking area; 3) a revised master parking plan with all parking assignments be provided to staff, prior to issuance of Certificate of Occupancy for this facility; 4) all parking areas required for this project (on and off-site) be of hard surface material, striped and include required handicap spaces; and 5) the landscape plan be revised to include additional plantings around the detention basin and supplemental periphery trees/shrubs. Concern was expressed that so many contingency plans are being considered. In response to a question, Planner Ryan Givens said the site plan will include handicapped parking spaces. He said staff did not perform an analysis regarding the number of parking spaces the County claims will meet the needs of employees and visitors. Staff is relying on the number of County-leased spaces and their representation sufficient parking spaces are in place. Thomas Borawski, representative, concurred with staff’s recommendations. He submitted a map of the downtown and referred to parking lots leased by the County. Some spaces are metered to accommodate the public, and others are not. Some lots are leased for County staff and others are for visitor use. Mr. Borawski said although the building will fill the site and 50 parking spaces have been removed, spaces are available in other nearby lots. Visitors are mostly County staff. The building will be used to film park films and County Commission meetings. Many staff will walk to the building. As volunteers arrive after normal business hours, they will have sufficient parking. In response to a question, Mr. Borawski said the existing parking garage at Osceola Avenue/Court Street will be expanded. He said the City Engineering Department has information regarding parking issues as changes are being made due to the proposed Memorial Causeway Bridge project. Carl Barron, Director of General Services for the County, said the County is in the process of reviewing the proposed plan and road improvements for Chestnut and Court Streets. Parking spaces will be gained in the parking lot west of 315 Court Street, at the Courthouse. Overall parking will increase. He felt comfortable that the County meets parking requirements. Mr. Barron said the City entered into an interlocal agreement with the Board of County Commissioners that states that as the County transfers $10 million to the County’s portion out of the Penny for Pinellas to contribute to this project, the City has specific commitments to ensure their design process makes the County whole with regard to parking. Planning Director Ralph Stone said staff feels the 5 recommended staff conditions cover all contingencies. Member Petersen moved that the CDB approve the Flexible Development request to reduce the front setback from 25 to 8 feet (Palm Avenue), reduce the front setback from 25 to 9 feet (Oak Avenue), reduce the side yard from 10 to 3 feet, and reduce the required number of parking spaces from 121 to 61 spaces (6 spaces on-site and 55 spaces off-site), as part of a Comprehensive Infill Redevelopment Project with Comprehensive Landscape Program at 333 Chestnut Street, subject to conditions: 1) The temporary off-site parking (northeast corner of Turner Street and Ft. Harrison Avenue) be permitted until the provision of adequate alternate or permanent parking is provided to the satisfaction of staff, whichever occurs first; 2) should parking arrangements at this lot change and/or be unavailable to the site, the City will be mcd0700 22 07/18/00 notified immediately to establish a mutually acceptable alternate parking area; 3) a revised master parking plan with all parking assignments be provided to staff, prior to issuance of Certificate of Occupancy for this facility; 4) all parking areas required for this project (on and off-site) be of hard surface material, striped and include required handicap spaces; and 5) the landscape plan be revised to include additional plantings around the detention basin and motion supplemental periphery trees/shrubs. The was duly seconded. Upon the vote being taken Members Mazur, Plisko, Johnson, Moran, and Petersen voted “aye”; Member carried Gildersleeve abstained. Motion. ITEM E – APPROVAL OF MINUTES OF PREVOIUS MEETING: June 20, 2000 Member Moran moved to approve the minutes of the regular meeting of June 20, motion 2000, as submitted in written summation to each Board member. The was duly carried seconded and unanimously. ITEM F – DIRECTOR’S ITEMS – None. Other Business It was requested staff recommend to the Commission that consideration be given to replacement/updating of the microphones in Chambers. It was requested staff ensure that all surveys submitted with cases be current. The Assistant City Attorney said an administrative hearing was held on June 29, 2000, regarding the cellular telecommunication tower issue. She said parties are submitting proposed order and a ruling should be given within 45 days of the hearing. A companion federal case is in mediation. Staff was complimented for working with applicants to resolve issues. ITEM G – ADJOURNMENT The meeting adjourned at 6:16 p.m. mcd0700 23 07/18/00