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03/20/2001 COMMUNITY DEVELOPMENT BOARD MEETING CITY OF CLEARWATER March 20, 2001 Present: Gerald Figurski Chair Edward Mazur, Jr. Vice Chair David Gildersleeve Board Member Shirley Moran Board Member Carlen A. Petersen Board Member Ed Hooper Board Member Absent: Alex Plisko Board Member Also Present: Leslie Dougall-Sides Assistant City Attorney Cynthia Tarapani Assistant Planning Director Lisa L. Fierce Development Review Manager Patricia O. Sullivan Board Reporter The Chair called the meeting to order at 1:00 p.m. at City Hall, followed by the Invocation and Pledge of Allegiance. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. ITEM A - REQUESTS FOR CONTINUANCE/RECONSIDERATION 2301 Campbell Road Item #D5 – : Paul A. Young, Carolyn L. Young & Judith N. Coachman/City of Clearwater – Owner/Applicant. Request annexation of 3.65 acres to the City of Clearwater and a Land Use Plan amendment to RE, Residential Estate Classification, and rezoning to LDR, Low Density Residential District at M&Bs 34/01 and 34/011 in Section 6, Township 29 South, Range 16 East. ANX 00-09-16 Development Review Manager Lisa Fierce reported the applicant had requested the item be continued. motion Member Mazur moved to continue Item #D5 to April 17, 2001. The was carried duly seconded and unanimously. ITEM B – CONTINUED ITEMS 3006 Gulf-to-Bay Boulevard Item #B1 – (Cont’d from 12/12/00) : Thanh Phuoc & Kimtruc Thi Nguyen – Owner/Applicant. Request flexible development approval of a nightclub within the Commercial District, with a reduction in required number of parking spaces from 20 spaces to 18 spaces, as a Comprehensive Infill Redevelopment Project with Comprehensive Landscape Program at Bay View City Sub, Blk 8, Lots 8, 9, 10 & 1/2 of vac alley on N less Rd. right-of-way on S. FL 00-08-33 Planner Mark T. Parry reviewed the request. On December 12, 2000, the CDB (Community Development Board) continued the application to provide the applicant the mcd0301 1 03/20/01 opportunity add landscaping and secure required parking within 600 feet of the property. Staff has met numerous times with the applicant and representatives. The applicant did not submit a viable site plan before this item was advertised and noticed to surrounding property owners. Since then, the applicant has shown staff amended site plans that propose to remove healthy trees and to add one parking space. Copies of the proposal are available for CDB member review. The rectangular, 0.283-acre site has 126 feet of frontage on Gulf-to-Bay Boulevard and a one-story, 2,132 square-foot masonry block building with a flat roof. The main entrance is on the building’s southwest corner. The emergency exit is on the north side. The building has no windows, trim, or other exterior architectural relief. Baby Dolls, an adult use, previously operated on this site. The building has been vacant for approximately two years. The applicant originally submitted a Flexible Standard development application (FLS 00-02-04) on February 8, 2000, to change the use from an adult use to a nightclub in the Commercial District. After the February 24, 2000 DRC (Development Review Committee) meeting, a corrected site plan indicated the site lacks adequate land to provide the 20 legally sized parking spaces required by Code for the proposed use. The applicant submitted a revised site plan that includes 18 legally sized spaces and landscaping. As the proposal now included a request that requires CDB approval, the application was converted to a Flexible Development request. Staff did not render a decision for the original application. The applicant requests approval of a nightclub use within the Commercial District, and a reduction in parking from 20 spaces to 18 spaces as part of a Comprehensive Infill Redevelopment Project. The applicant also requests to reduce the width of landscape buffers along the east, west, and north property lines from 5 feet to 1.5 feet at the narrowest, and from 15 feet to 13 feet along the south property line along Gulf-to-Bay Boulevard, and to eliminate interior landscaping, as part of a Comprehensive Landscape Program. Several significant trees are on the property lines. At the suggestion of DRC, the owners removed one tree. Portions of the parking lot have pavers. The remainder features several, partially filled, potholes. The parking lot needs to be repaved and restriped. The applicant proposes to repave existing asphalt and landscape all property lines. No changes are proposed for the structure. Access to the lot is limited to one curb cut on Gulf-to-Bay Boulevard. The applicant anticipates the nightclub will have approximately 14 employees, although no more than four would be onsite. Hours of operation will be Monday through Saturday, 12:00 noon to 2:00 a.m. While the business most likely will be closed on Sundays, the applicant has indicated the business may operate between 5:00 p.m. and 12:00 midnight. The DRC (Development Review Committee) reviewed the application and supporting materials on March 24, and September 7, 2000. Staff recommends denial as the application does not propose sufficient landscaping to meet Code and the proposal does not comply with the standards and criteria for Flexible Development approval, and with all applicable Code standards. mcd0301 2 03/20/01 Assistant City Attorney Leslie Dougall-Sides said the court had referred the applicant’s request for injunctive relief related to this zoning request to an arbitrator, who then determined that a nightclub use had not been established previously. David Browder, representative, said the business had not been able to obtain additional parking nearby. Hoosh Ghovaee, Northside Engineering Services, reviewed attempts to redesign the parking lot to increase parking capacity. He said a nightclub use previously had occupied this property and should be allowed. He said staff should consider economic development potentials related to the proposal. He said the City’s forester, Rick Albee, had indicated one tree is in poor condition and can be eliminated. He said removing the tree would provide enough space for one parking space, making the property only one space short of Code. He said the business will install upgraded landscaping consistent with plans for Gulf-to-Bay Boulevard redevelopment. He said the property owners have been unable to use the property for a year but pay taxes on it. The number of anticipated patrons was questioned. Mr. Browder said the Fire Department does not determine the maximum number of customers the building can hold. It was noted the number of patrons relates to the number of necessary parking spaces. The CDB previously had requested the applicant to provide this figure. Thanh Nguyen, owner, said staff had mishandled the case. He said the previous tenant’s business did not close until October 1999. He said this use was proposed in February 2000. He said the property would meet the Code’s parking requirement if he could remove two trees. Ms. Fierce said during DRC review, staff had suggested, but not mandated, that one tree be removed. She said the message left with the applicant’s representative by Rick Albee had expressed concern that repositioning the pavers would further stress the tree. Even if the City approved removal of the tree, the subsequent parking space would be substandard in size. Staff recommends retaining the property’s trees. Assistant Planning Director Cyndi Tarapani indicated the property previously had an adult use and must meet Code for the new nightclub use. A smaller building would require fewer parking spaces but still would require landscaping. In response to a question, she said the business technically could share parking with a business across the street, although staff would oppose patrons crossing Gulf-to-Bay Boulevard at this location, without a traffic signal. motion Member Moran moved to deny the request. The was duly seconded and carried unanimously. ITEM C – LEVEL TWO APPLICATIONS 42 Midway Island Item #C1 – : Ernest H. McDowell – Owner/Applicant. Request flexible development approval to reduce rear setback from 25 feet to 10 feet as part of Residential Infill Project at Island Estates of Clearwater Unit 3, Lot 8. FL 01-01-02 Planner W. Ryan Givens reviewed the request. The 0.22-acre site, on the west side of Midway Island, is south of Windward Passage. This Island Estates neighborhood features well-maintained, single-family residences. Most houses front canals that mcd0301 3 03/20/01 connect with Clearwater Harbor. The applicant has razed the site’s 2,295 square-foot single-story residence and removed the pool and patio area, which had extended to within approximately 10 feet of the rear property line. A dock extends into the waterway. The project includes construction of a three-level, 7,381 square-foot house, 30 feet high, above the base flood elevation. The nearly flat roof style features a metal hip- roof to the center of the structure. The building footprint is within the Code’s minimum structural setbacks. While a garage and non-habitable spaces will occupy the first level, the main level above will feature a family room, dining room, office, and kitchen. Bedrooms and bathrooms will be on the third floor. From the patio, flush with the main level, a step down will lead to a pool deck, approximately 2.5 feet above grade. The pool deck will provide easy access to the dock. The seawall will be removed and rebuilt. While no specific fencing has been proposed, it must comply with Code and meet waterfront sight visibility triangle standards. The applicant requests to reduce the rear setback from 25 feet to 10 feet to construct an elevated pool deck as part of a Residential Infill Project. Code allows accessory structures such as pools and attached decks up to 10 feet from the rear property line. Pools and decks, when constructed at grade, are difficult to see from adjacent properties. Structures cannot be built within a 25-foot rear setback on properties that abut waterways. As the proposed pool deck is elevated, staff has determined it should be considered as a structure within the 25-foot rear setback. Per FEMA (Federal Emergency Management Agency) requirements, the main floor must be elevated 6.5 feet above grade. To minimize the drop from the main level patio, the applicant requests elevating the pool deck to 2.5 feet. An at-grade alternative would be less visually connected with the house and require a high staircase. The applicant can construct an at-grade swimming pool with 10-foot side and rear setbacks and pool enclosure without CDB approval. The 2.5-foot deck elevation is the only part of the project requiring a public hearing. The proposed pool deck will not interfere with waterfront sight visibility triangles. The side setback will be heavily landscaped and meet standards for the waterfront sight visibility triangles. The project will not include a pool enclosure or otherwise impact waterfront and sky views. Staff feels the project will not have a negative impact on adjacent properties. The DRC reviewed the request on February 15, 2001. Staff recommends approval with three conditions. In response to a question, Mr. Givens said neither of the abutting neighbors had objected to the project. The City did receive two letters from Island Estates residents opposing the request. Concern was expressed required pool fencing may block water views from nearby properties. Todd Pressman, representative, said the request meets Island Estates’ residents concerns and will not block views. He said the project would have a greater impact on neighboring properties if the pool were to be screened. Three residents spoke in opposition to the request. More than 60% of Island Estates property owners have agreed to work with the City to create a neighborhood mcd0301 4 03/20/01 conservation district. One related proposal would prohibit all structures within the 25- foot rear setback. In response to a question, Ms. Tarapani said the City Commission will consider initiating the process for the proposed neighborhood overlay on April 18, 2001. The City does not enforce deed restrictions, which relate to private contracts. Mr. Pressman said the request is far less than allowed by Code. He said railings, which would block the views of the property owner and neighbors, would be necessary if the pool is built at grade. Concern was expressed approval would establish a precedent, further impacting water views elsewhere on Island Estates. Ms. Tarapani said that is not the case as staff reviews each request individually. Concern was expressed the request conflicts with neighborhood deed restrictions. It was noted the planned changes are not in place. It was felt the property owner should not be punished because future changes are planned. It was felt the board should respect resident efforts to protect their neighborhood and property values. Member Mazur moved to approve flexible development to reduce the rear setback from 25 feet to 10 feet as part of Residential Infill Project at Island Estates of Clearwater Unit 3, Lot 8 with conditions: 1) pool deck to be limited to 2.5 feet in height with minimum south side setback of 17.5 feet and minimum north side setback of 14.5 feet; 2) no portion of pool deck, landscaping, or future fencing to encroach into waterfront sight visibility triangles as defined by Code; and 3) CDB to approve any future motion request for a screen enclosure. The was duly seconded. Members Mazur and Hooper voted “Aye”; Members Gildersleeve, Moran, Petersen, and Chair Figurski voted failed “Nay.” Motion . 601 N. Belcher Road Item #C2 – : Luverne M, Loken, TRE/ United Bank & Trust Company – Owner/Applicant. Request flexible development approval to reduce south front setback along Sharkey Road from 25 feet to 5 feet, reduce west front setback along Belcher Road from 25 feet to 15 feet, reduce north front setback along NE Coachman Road from 25 feet to 15 feet, permit parking within Institutional District, and increase area of a retail sales and service use from 10% (1,433 square feet) to 18% (2,500 square feet) in the Office District, as part of a Comprehensive Infill Redevelopment Project at Sec. 07-29-16, M&B 32.031. FL 01-01-04 Planner Mark T. Parry reviewed the request. The 1.358-acre site, on the southeast corner of N. Belcher and NE Coachman, fronts N. Belcher, NE Coachman, and Sharkey roads. The vacant site, with access to NE Coachman and Sharkey roads, has side setbacks on its northeast and east property lines. The site is in a commercial area, near shopping centers, offices, a social/community center, and a middle school. Single-family dwellings are farther to the east, south and north. The project includes a two-story building with 2,500 square-feet of space for retail sales/bank and 11,830 square-feet of office space. The Code defines banks as a service. The bank, on the building’s northeast corner, will have three drive-though lanes. Code limits retail sales and service uses within the Office District to no more than 10% of the principal structure’s GFA (gross floor area). The principal structure must be used for office purposes. The applicant requests to increase the amount of retail sales and service space from 10%, 1,433 square-feet, to 18%, 2,500 square-feet. The typical bank branch has 2,500 square-feet. The applicant is aware that no additional retail sales and service uses are permitted without submitting a request to the CDB. mcd0301 5 03/20/01 The applicant also requests to reduce three front setbacks and one side setback for parking and drive aisles. The building will be set back at least 67 feet from all property lines. The only setback request requiring Level Two, Flexible Development approval is to reduce the setback along Sharkey Road from 25 feet to 5 feet. Sharkey Road has a 66-foot right-of-way, approximately 24 feet of pavement, and terminates about 500 feet east of Belcher Road. Parking spaces will be 5 feet from that property line and approximately 40 feet from the edge of the pavement. The vacant lot across Sharkey Road is zoned Office District. The Masonic Temple lot, farther south, is zoned Institutional District. The building will feature green-tinted glass, brick panel insets, and a flat roof. Staff recommends the roof be sloped or mansard to enhance architectural detail and interest. The project will improve access points from NE Coachman and Sharkey roads. All property lines will be heavily buffered with landscaping and a tiered effect along all street frontages, which will exceed Code. All proposed signage will meet Code. The applicant requests to reduce from 25 feet the south front setback to 5 feet, the west front setback to 15 feet, and the north front setback to 15 feet, and reduce the northeast side setback from 20 feet to 10 feet. The applicant also requests to increase retail sales and service space from 10% to 18% of the building’s GFA. The DRC reviewed the application and supporting materials on February 15, 2001. Staff recommends approval with two conditions. Concern was expressed proposed grading be adequate. It was stated the board rarely is involved with architectural issues, such as staff’s recommendation regarding the structure’s roof. Mr. Parry said many area buildings are old and dated. The decorative roof treatment will help establish a new standard. In respect to comprehensive infill project, Ms. Tarapani said Code authorizes staff to review elevations and determine what is best for the community. Dixie Walker, representative, said he has had 40 years experience as an architect and disagrees with staff’s recommendation. He felt that decision should be up to the client and architect. He said the building’s odd shape, necessitated by the lot’s shape, will not lend itself to a hip or gabled roof. He said grading and drainage will be engineered properly. Only one tenant has been identified. In response to a question, Ms. Tarapani said the project does not meet standards related to parking setbacks. As a balance, staff considers ways to offset the site’s conflicts with Code. Staff is open to suggestions regarding architectural detail to add interest to the building’s appearance. Ms. Dougall-Sides said Code states the form and function of design projects should enhance surrounding areas. Mr. Parry said the recommendation considers the site’s unique location transitioning between residential and commercial uses. Carolyn Bateman, of David Evans and Associates said the project will grade, curb, and pave Sharkey Street, providing a great benefit to the City. Member Gildersleeve moved to approve flexible development to reduce south front setback along Sharkey Road from 25 feet to 5 feet, reduce west front setback along mcd0301 6 03/20/01 Belcher Road from 25 feet to 15 feet, reduce north front setback along NE Coachman Road from 25 feet to 15 feet, permit parking within Institutional District, and increase area of a retail sales and service use from 10% (1,433 square feet) to 18% (2,500 square feet) in the Office District, as part of a Comprehensive Infill Redevelopment Project at Sec. 07-29-16, M&B 32.031 with conditions: 1) building architecture be revised to include a sloped roof or similar architectural features and 2) all signage to meet Code. motion The was duly seconded. In response to a question, Ms. Tarapani said the applicant and staff will meet and agree on a design for the roof. Concern was expressed the condition related to the roof is arbitrary and capricious as the City has no architect on staff. It was recommended staff provide leeway to the architect. It was noted only nearby houses have pitched roofs. Upon the vote being taken, Members Gildersleeve, Moran, Petersen, and Chair carried Figurski voted “Aye”; Members Mazur and Hooper voted “Nay.” Motion . The meeting recessed from 3:09 to 3:20 p.m. 1100 S. Missouri Avenue Item #C3 – : The Clearwater Group, Ltd. – Owner/ Applicant. Request amendment to previously approved Certified Site Plan (Sunshine Mall) to authorize a change of use for undeveloped parcels from commercial to multi-family, totaling 155 units and 15,602 square-feet of existing commercial use at Sec. 15-29-15, M&B 34.01 and Sec. 22-29-15, M&Bs 21.12 & 21.13. FL 01-01-05 Member Mazur announced a conflict of interest and left the dais for this item. Mr. Parry reviewed the request. The 7.155-acre site, on the southwest corner of Druid Road and S. Missouri Avenue, is comprised of seven parcels: 1, 2, 3, 4, 4A, 5 and 5A, which are part of a larger development, Renaissance Square, formally Sunshine Mall, approved as part of a certified site plan on March 12, 1998. Parcels, 6, 7 and 8, have been developed with attached dwellings. Parcels 7 and 8, which extend east to Missouri Avenue, separate Parcels 4A and 5. Parcel 6 also extends east to Missouri Avenue and separates Parcels 3 and 4. The certified site plan specified permitted uses for each parcel. The subject parcels were permitted for non-residential uses, including retail sales and service, restaurant, and office. The Stadium, a one-story, 5,602 square-foot restaurant on Parcel 1, will remain unchanged. VisionWorks, a one-story, 10,000 square-foot retail sales and service establishment occupies Parcels 5A and 2. The applicant plans to raze this structure and replace it with buildings, which total no more than 10,000 square-feet. Parcels 5A and 2, a corner lot, feature front setbacks on Druid Road and South Missouri Avenue. Parking lots and associated asphalt nearly reach all property lines. The site is in a desirable commercial and residential area on the outskirts of downtown. Sunshine Mall was demolished on this site in 1999. Parcels 6, 7, and 8, more than half the site, were developed with three apartment complexes with 17, three-story buildings and approximately 650 dwelling units. mcd0301 7 03/20/01 The applicant seeks to amend the approved certified site plan by expanding permitted uses for Parcels 3, 4, 4A, and 5 to include attached dwellings. The applicant proposes to construct 156 attached dwellings in two, four-story buildings on Parcels 4, 4A, and 5 in the center of the overall site. On Parcels 4 and 4A, the proposed building will feature 131,542 square-feet of GFA (gross floor area) and 108 dwelling units. On Parcel 5, the proposed building will feature 52,236 square-feet of GFA and 48 dwelling units. A 2,500 square foot, 35-foot tall clubhouse will be constructed on Parcel 3. As planned, the buildings will be constructed to Code setbacks and meet standards in the certified site plan to include 32.25-foot front and 10-foot side and rear setbacks. Code regulations in force when the certified site plan was approved did not define parking or other types of pavement as structures. Setbacks to parking/pavement uses are dictated by landscape buffer requirements of 15 feet along major arterials, 10 feet along local streets, and 5 feet along side and rear property lines. The proposal meets all setbacks and landscape buffers required by the certified site plan. The applicant proposes relatively low intensity development on Parcels 1, 2, and 5A and requests that the unused development potential for these commercial parcels be added to the total number of residential parcels. To compute density for this mixed-use application, the development potential of the 3.885-acre Parcels 1, 2, and 5A was calculated. Staff then determined 0.65-acre of land area is necessary to support 15,602 square-feet of existing buildings. That figure was subtracted from the total acreage, leaving 3.235 acres of available density. In Commercial General Classification, the maximum permitted density is 24 dwelling units per acre, resulting in a remaining development potential of 77.64 dwelling units for Parcels 1, 2 and 5A. The 3.27-acre, Parcels 3, 4, 4A, and 5, have a development potential of 78.48 units. Staff has determined the site’s total residential development potential is 156 units. Future development and/or redevelopment for Parcel 1 and Parcels 2 and 5A will be limited to the existing square footage of 5,602 square-feet and 10,000 square-feet of GFA. Requirements of the approved certified site plan will dictate site restraints including setbacks, impervious surface ratio and parking. The development will feature a style similar to apartments on Parcels 6 through 8. The proposal also includes extensive landscaping along South Missouri Avenue and will match existing landscaping on part of Parcels 6 through 8. Interior landscaping will exceed Code. All proposed signage will meet Code. The DRC reviewed the application and supporting materials on December 14, 2000. Staff recommends approval with three conditions. In response to a question, Mr. Parry said this request will use up all of the site’s density. Ms. Tarapani said the commercial uses could change. A gasoline station could replace Visionworks. Ed Armstrong, representative, introduced the project’s engineer, Richard Harris. In response to a question, Mr. Armstrong said one of the three builders who had constructed the existing apartment buildings will also construct this project. He said more than two buildings may replace Visionworks, although the total square feet will not exceed 10,000 square-feet. He said parking constraints limit the project’s density to 153 units. Staff did not object to the lower number. mcd0301 8 03/20/01 Member Petersen moved to approve the amendment to the previously approved Certified Site Plan (Sunshine Mall) to authorize a change of use for undeveloped parcels from commercial to multi-family, totaling 156 units and 15,602 square-feet of existing commercial use at Sec. 15-29-15, M&B 34.01 and Sec. 22-29-15, M&B's 21.12 & 21.13 with conditions: 1) final design of buildings to be consistent with conceptual elevations submitted or as modified by the CDB; 2) site density be limited to 156 dwellings units and 15,602 square feet of non-residential uses or be based upon the conversion rate as motion outlined in the staff report; and 3) all signage comply with Code. The was duly seconded. Members Gildersleeve, Moran, Petersen, and Hooper and Chair Figurski carried voted “Aye”; Member Mazur abstained. Motion . 2394 Gulf-to-Bay Boulevard Item #C4 – : Dayton Andrews, Inc. – Owner/Applicant. Request Flexible Development approval to permit vehicle sales/display in the Commercial District: 1) reduce lot area from 40,000 square-feet to 32,929 square-feet; 2) reduce lot width from 200 feet to 100 feet; 3) permit vehicle display within front setbacks along Gulf-to-Bay Boulevard & Fernwood Avenue; 4) permit vehicle sales/display on lot contiguous to property designated as residential in zoning atlas; 5) permit vehicle sales/display on lot with less than 7,000 square-feet of enclosed building; 6) permit vehicle sales/display outside an enclosed building; 7) reduce required parking spaces from 77 spaces to 5 spaces; 7) permit reduction in landscape buffer from 15 feet to 7.5 feet on Gulf-to-Bay Boulevard; and 8) permit a reduction in landscape buffer from 15 feet to zero feet on Fernwood Avenue as part of a Comprehensive Infill Redevelopment Project at Sec. 18-29-16, M&B 24.07. FL 01-01-03 Mr. Parry reviewed the request. The 0.71-acre site, on the northeast corner of Fernwood Avenue and Gulf-to-Bay Boulevard, features a single-story, 4,347 square-foot masonry-block structure, built in 1964. An onsite nightclub closed officially closed when its occupational license expired on August 19, 1999. Two retail sales and service establishments closed June 7, 2000. The building is 100 feet from the north, 3 feet from the east, 39 feet from the south, and 40 feet from the west property lines. The property, with 41 striped parking spaces, has undergone some deterioration and has no landscaping. Vehicles for sale, placed in the setbacks, create inefficient vehicle circulation. The vehicle display area extends into the Fernwood Avenue and Gulf-to-Bay Boulevard rights-of-way. A dumpster is within the site’s northwest right-of-way. The applicant seeks approval of a vehicle sales and display facility on the subject site to which, in 1999, the applicant had expanded the Dayton Andrews business, without submitting a site plan application for a change of use. The site has a current Code violation, COD1999-03456, for illegal vehicle sales and display. Staff and the applicant have met numerous times, trying to resolve the violations. This application is a result of those discussions. If the request is approved, staff recommends the entire Dayton Andrews establishment, 2388 and 2394 Gulf-to-Bay Boulevard, comply with Code. The site, in a highly developed commercial area, abuts single- and multi-family dwellings to the north. The applicant also owns the property across Fernwood, the Dayton Andrews facility, a legally operating vehicle sales and display business. The applicant intends to operate the subject site in conjunction with the main site even though the lots are legally separate. The application proposes no substantive mcd0301 9 03/20/01 improvements for the main, 3.83-acre site. Code requires the replacement of dead or dying plant material as basic landscape maintenance. The site has two curb cuts on Gulf-to-Bay Boulevard and two on Fernwood. Display vehicles block all curb cuts, except for the northernmost one on Fernwood. A driveway connects the site with Sweetwater’s Restaurant to the east. No binding agreement related to this joint access exists. The project will apply a stucco finish and repaint the building’s exterior to complement the business’ main building. Proposed landscape buffers are 5.5-feet within the right-of-way along Fernwood, 6-feet along the north side property line, 5-feet along the east side property line and 7-feet along Gulf-to-Bay Boulevard. Code requires a 15-foot landscape buffer along Gulf-to-Bay Boulevard and a 10-foot buffer along Fernwood. Developments that lack sufficient landscaping typically provide additional plantings along road frontages. Applications for infill projects and Comprehensive Landscape Programs often upgrade landscaping to mitigate other site deficiencies. Proposed shrub materials will not reach 36-inches within 12 months of the issuance of a certificate of occupancy as required by Code. Although not proposed, shade trees also must be planted every 30 feet within all required landscape buffers. The application does not mitigate deficiencies associated with the project. Buffers proposed along the east property line will not prevent cross access with the site to the east. Should this application be approved, staff recommends the applicant either file and record a cross access agreement with Pinellas County to maintain permanent legal access to the connection, or provide a buffer, extending the full length of the east property line. The applicant also proposes to eliminate access to Gulf-to-Bay Boulevard while maintaining 2 access points along Fernwood. The project does not propose to remove the concrete apron from curb cuts along Gulf-to-Bay Boulevard, which will be aesthetically unpleasant and may cause dangerous turning conflicts. The project proposes 5 parking spaces, including one ADA (American with Disabilities Act) space, where 77 spaces are required. While Code permits one 10 square-foot freestanding sign on the site, the application does not propose to modify the site’s existing 48 square-foot, 20-foot high freestanding sign. The project also includes a 20 square-foot attached sign on the building’s south façade where 10 square-feet is allowed. Proposed hours of operation are 9:00 a.m. to 9:00 p.m., Monday through Friday, and 9:00 a.m. to 6:00 p.m. on weekends. The applicant anticipates no more than three employees will be on site at any time. The applicant plans to display approximately 35 vehicles. The DRC reviewed the application and supporting materials on February 15, 2001. The proposal does not comply with the standards and criteria for Flexible Development approval. Staff recommends denial: 1) proposed landscaping does not meet intent of Code and Gulf-to-Bay Boulevard redevelopment efforts; 2) internal circulation is too difficult; 3) minimal building improvements do not meet intent of Code and Gulf-to-Bay Boulevard redevelopment efforts; 4) existing and proposed signage does not meet Code; 5) closing, but not removing, two curb cuts on Gulf-to-Bay Boulevard endangers drivers; 6) proposed parking is inadequate; and 7) buffering between site and abutting residential uses to the north is inadequate. mcd0301 10 03/20/01 In response to a question, Mr. Parry said Code might be wrong in requiring 77 parking spaces for this project. The project meets none of the general applicability criteria required for approval. Typos in the staff report were reviewed. Tim Johnson, representative, said the applicant owns the property and wishes to use it for vehicle sales and display as an addition to the car dealership to the west. No vehicle repair will occur on the subject property. He said the 37 year-old business needs to expand as it has now sells an additional line of vehicles. He said when Mr. Andrews originally considered purchasing the subject property, he had been advised the proposed use met Code. Since that time, he purchased the property and a new Code was adopted. If the setbacks are respected, available space to display vehicles would be inadequate. He said several improvements are planned including refurbishing the building and installing a 7-foot rear landscape buffer where only asphalt now exists. He said the site plan erroneously had omitted planned shade trees, which the applicant plans to install. The depth of landscaping will be doubled, with all bushes and shade trees planted within 12 months. Two driveway entrances on Gulf-to-Bay Boulevard will be closed. Based on staff’s interpretation of the Code, Mr. Johnson said the applicant is willing to provide 11 parking spaces. He said the applicant also plans to enter into a cross-easement agreement with Sweetwater’s Restaurant to the east. Also, the dumpsters will be enclosed. He said the applicant proposes to spend more than $158,000 on improvements to the two properties. He reviewed the general and infill standards, arguing the criteria are met. He said the project will improve the neighborhood as the property is part of a strip of Gulf-to-Bay Boulevard auto dealerships. A letter from Sweetwater’s was submitted in support of the proposal. He said strict compliance is unreasonable for this lot. Dayton Andrews, applicant, said his business has hired an arborist to care for its oak trees. He said while a previous business on the subject property had installed vehicle stereo systems outdoors, the proposed use will have only a few salespersons who will use the building for office space. He said the business wants to be a good neighbor and has no history of conflict. In response to a question regarding the subject property, Mr. Andrews assured the board no more than three salespersons would be on site at one time. Mr. Johnson said the extra space will be used to store company records. In response to a question, he said all signage is in compliance. Discussion ensued regarding parking requirements. Ms. Dougall-Sides said that issue will be clarified with an Ordinance amendment. Ms. Tarapani said the two sites are not connected. Concern was expressed staff has not had time to review plan changes presented today. Ms. Tarapani agreed, noting the plan does not address internal landscaping requirements. Ms. Fierce reported staff also had received a letter from a nearby residence in opposition to the proposal. Member Gildersleeve moved to continue Item #C4 to April 17, 2001. The motion carried was duly seconded and unanimously. mcd0301 11 03/20/01 1919 Edgewater Drive Item #C5 – : Bay View Hotel, Inc./Fred & Vivian Whalen – Owner/Applicant. Request Flexible Development approval to permit direct access onto Edgewater Drive, an arterial road, a reduction in the front setback along Edgewater Drive from 15 feet to 10 feet, and a reduction in the north and east side setbacks from 10 feet to 5 feet, as part of a Comprehensive Infill Redevelopment Project with Comprehensive Landscape Program at Sunset Point and Replat, Lot 2 & 3 less Rd & Blk FL 00-12-63 A, part of Lot 5. Member Mazur reported he had a conflict of interest and left the dais for Items #C5 and #D1. Mr. Givens reviewed the request. The 1.523-acre site, north of downtown, is on the east side of Edgewater Drive (Alt. US 19), across from Clearwater Harbor. The L- shaped lot fronts Edgewater Drive and Sunset Point Road and wraps around a corner gasoline station. Internal vehicular circulation is not now possible. The property has views of Clearwater Harbor and Stevenson’s Creek and direct access to Edgewater Drive and Sunset Point Road. The property recently was consolidated to form one parcel. The Edgewater Drive Motel has parking, 18 hotel rooms, a swimming pool, office, and two access points to Edgewater Drive. The site, almost entirely paved, resembles many Florida motels built in the 1950s. Also, a duplex and small apartment building front Sunset Point Road. The duplex, approximately 21 feet from the front property line, is in a state of decline and has little landscaping. The five-unit apartment building appears to be well-maintained. Parking to the site’s rear serves the apartment building. Landscaping, although lacking a theme, ties the buildings together. A single-story garage and workshop, to the rear of the apartment building, is in fair condition. Two oak trees are on the back of the site. One tree’s diameter is greater than 52 inches, while the other is greater than 32 inches. The City’s Land Resource Specialist has rated the larger oak as a specimen tree. Code prohibits issuing a tree removal permit for specimens. The property also includes a 0.135-acre vacant portion across Sunset Point Road, adjacent to Stevenson’s Creek, with a dock and boat ramp. Overall, no architectural relationship exists between current buildings. Considering the condition of the buildings and the site’s location near popular water bodies, staff feels this parcel is appropriate for redevelopment. The area features a mix of land uses, including small hotels, attached dwellings, and single-family houses. The waterfront neighborhood has single-story and low-rise development. The intersection of Edgewater Drive and Sunset Point Road has a small convenience store/gasoline station. The Bay Queen Motel, to the north, is in good condition and similar to Florida motels built in the 1950s. A 40-unit, three-story hotel, recently approved as a Flexible Standard application, is under construction one block north. Several single-story homes northeast of the site do not abut the subject property. Most duplexes and apartment cottages, fronting Sunset Point Road to the east, are in fair condition, although landscaping is not necessarily maintained. This portion of Sunset Point Road has no sidewalks, although they are needed for safe pedestrian access to Edgewater Drive and a linear City park fronting Clearwater Harbor. mcd0301 12 03/20/01 Most shallow parcels on Stevenson’s Creek are vacant and contain significant native plant material. A small apartment building is on the southeast corner of Edgewater Drive and Sunset Point Road. The subject property features two zoning districts and future land use classifications. The westernmost 0.793-acre is zoned T, Tourist District, with an underlying future land use classification of RFH, Resort Facilities High. This zoning and land use will support attached dwellings and some nonresidential uses. The easternmost 0.73-acre is zoned MDR, Medium Density Residential District, with an underlying future land use classification of RM, Residential Medium. If an application to rezone this portion of land is approved, the parcel could be redeveloped with residential and nonresidential uses or a combination thereof. The parcel’s highest development potential of 31 attached dwelling units could be achieved without rezoning or a future land use amendment. The project will replace all existing structures with a 60-unit, three-story hotel with entrances on Edgewater Drive and Sunset Point Road. The main entrance will be under the northeast section of the building, adjacent to the vehicle loading area. The hotel, designed to be compatible with the neighborhood, will be no more than 32 feet high to the main roof structure. While Code allows a maximum height of 50 feet, additional height would be out of character with the area. Per flood zone requirements, no habitable rooms are permitted on the ground floor. An office use and covered parking spaces will be on the first floor. The two upper stories will have hotel rooms accessible from an interior corridor. Each unit will have a private balcony. The building’s architecture will be modern Caribbean-style with paned windows, porches, and a metal pitched-roof. While the applicant proposes multiple colors on each elevation, staff recommends one primary earth tone color and a limited number of accent shades. Some architectural elements are found in nearby older homes. The building will have an L-shaped footprint. A shallow detention area is planned near Sunset Point Road. A certified arborist, who specializes in tree transplants, will oversee relocation of the 52-inch specimen oak tree to the detention area, which will resemble a landscaped courtyard and serve as a buffer from the gasoline station. Several hotel rooms will be oriented towards this amenity. Landscaping will buffer parking along the east and north property lines from adjacent roadways. A pool with gazebo will front Edgewater Drive. Sidewalks will connect with public sidewalks along Edgewater Drive and accommodate future sidewalks along Sunset Point Road. Code requires installation of public sidewalks in adjacent rights-of-way. A payment-in-lieu program for sidewalks is available but staff recommends all sidewalks be installed at the time of construction to meet potential pedestrian activity. The portion of land adjacent to Stevenson’s Creek will remain vacant. Proposed landscape improvements will accent existing vegetation. This area is expected to provide hotel patrons with passive enjoyment of the environment. This land also will be a visual amenity for adjacent property owners. Hotel owners will maintain this area regularly. The project’s landscape plan exceeds the intent of Code. mcd0301 13 03/20/01 On January 25, 2001, the applicant hosted a neighborhood meeting at the Municipal Services Building to discuss the proposal with nearby residents. Staff also attended the meeting. Residents in attendance did not openly oppose the proposal. The applicant requests vehicular access to Edgewater Drive, an arterial street, reduction of the front setback along Edgewater Drive from 15 feet to 10 feet, and reduction of the north and east side setbacks from 10 feet to 5 feet, as part of a Comprehensive Infill Redevelopment Project with a Comprehensive Landscape Program. Other proposal elements do not require CDB approval. The City’s Comprehensive Plan identifies Edgewater Drive as a principal arterial. The Tourist District does not permit direct access onto an arterial street for overnight accommodations. This parcel, however, is not on a corner and fronts Edgewater Drive and Sunset Point Road. The gasoline station will block motorists’ views of the hotel. Both the applicant and staff are concerned prohibiting access from Edgewater Drive will result in motorist confusion. Also, access to Edgewater Drive will allow the parking layout to function more efficiently. Pinellas County has determined Edgewater Drive operates at a LOS (Level of Service) F. The applicant’s submitted traffic study identifies 19,887 daily trips on Edgewater Drive and indicates the Edgewater Drive/Sunset Point Road intersection operates at a peak LOS C. It is expected the project will generate 547 daily trips, resulting in a 2% increase in traffic. The number of increased trips in this heavy traffic area will be relatively minor. The City’s Traffic Operations Engineer agrees additional trip generation is minimal. The reduction of a front setback from 15 feet to 10 feet, requested to locate the gazebo adjacent to the swimming pool, will affect only a small area in front of the gazebo. The majority of the frontage will conform to Code. Increased landscaping further justifies the setback reduction. The applicant also requests reducing the north and east side setbacks from 10 feet to 5 feet to locate all parking along the north and east property lines. To maintain maximum space between hotel rooms and the gasoline station, the applicants prefer not to locate the building any farther west. To hide parking from adjacent roadways and to allow more building separation between the hotel and residences, they also do not want to locate the building farther to the east. Dense landscaping and a six-foot wood fence will adequately buffer adjacent properties. The DRC reviewed the application and supporting materials on January 18, 2001. Staff recommends approval with seven conditions. In response to a question, Ms. Tarapani said the impact fees are significant. Staff wanted to be certain the applicant is aware of the fee, which are payable at permitting. Ed Armstrong, representative, said the applicant accepts the proposed conditions. It was noted a nearby project was more controversial as it abuts residential property. In response to a question, Mr. Givens said approximately 15 residents had attended the related meeting. mcd0301 14 03/20/01 Member Gildersleeve moved to approve flexible development to permit direct access onto Edgewater Drive, an arterial road, a reduction in the front setback along Edgewater Drive from 15 feet to 10 feet, and a reduction in the north and east side setbacks from 10 feet to 5 feet, as part of a Comprehensive Infill Redevelopment Project with Comprehensive Landscape Program at Sunset Point and Replat, Lot 2 & 3 less Rd & Blk A, part of Lot 5 with conditions: 1) site plan & hotel use to be contingent on Future Land Use map amendment from RM, Residential Medium classification to RFH, Resort Facilities High classification (LUZ 01-12-02); 2) site plan & hotel use to be contingent on rezoning the 0.923-acre portion of the site from MDR, Medium Density Residential to T, Tourist District (LUZ 01-12-02); 3) should 52-inch oak tree die as a result of its relocation, replacement trees, totaling 52 inches, to be planted to staff satisfaction or a combination of replacement trees and payment in lieu to be provided; 4) property owner to regularly maintain 0.135-acre passive recreation parcel along Stevenson’s Creek; 5) building elevations to be amended to include one primary earth tone color & a limited number of accent shades, to satisfaction of staff; 6) all Recreation Facility fees to be paid for additional units/rooms prior to issuance of a building permit for the hotel; and 7) a five-foot sidewalk to be provided along Edgewater Drive and Sunset Point Road prior to motion Certificate of Occupancy. The was duly seconded. Members Gildersleeve, Moran, Petersen, and Hooper and Chair Figurski voted “Aye”; Member Mazur abstained. carried Motion . ITEM D - LEVEL THREE APPLICATIONS 1919 Edgewater Drive/Sunset Point Road Item #D1 – : Fred & Vivian Whalen/ Waterfront Inn Sault, Ltd. – Owner/Applicant. Request Land Use Plan amendment from RM, Residential Medium Classification to RFH, Resort Facilities High Classification; and rezoning from MDR, Medium Density Residential District to T, Tourist District at Sunset Point and Replat, Lot 2 & 3 less Rd & Blk A, part of Lot 5. LUZ 01-12-02 Senior Planner Etim S. Udoh reviewed the request. The property is east of the Edgewater Drive/Sunset Point Road intersection. The applicant requests this change to redevelop the 0.73 acre-site with a viable motel. Lots 2, 3, and 5 are zoned T, Tourist district with a Resort Facilities High future land use plan classification. That site’s Edgewater Drive Motel will be razed. The site’s eastern portion, now developed with duplexes, is zoned MDR, Medium Density Residential with a Residential Medium future land use plan classification. The applicant, which has combined two parcels, requests to rezone the eastern parcel to T, Tourist district with a Resort Facilities High future land use plan classification. The PPC (Pinellas Planning Council) will review the land use plan amendment as a regular amendment. Staff recommends approval with two conditions. Member Petersen moved to recommend approval of a Land Use Plan amendment from RM, Residential Medium Classification to RFH, Resort Facilities High Classification; and rezoning from MDR, Medium Density Residential District to T, Tourist District at Sunset Point and Replat, Lot 2 & 3 less Rd & Blk A, part of Lot 5 with conditions: 1) Amend Future Land Use Plan designation of Lots 6 and 7 and portion of Lot 8, Sunset Point Subdivision from Residential Medium (RM) to Resort Facilities High (RFH) and 2) amend the zoning district designation of Lots 6 & 7 and portion of Lot 8, Sunset Point Subdivision from Medium Density Residential (MDR) zoning district to mcd0301 15 03/20/01 motion Tourist (T). The was duly seconded. Members Gildersleeve, Moran, Petersen, Motion . and Hooper and Chair Figurski voted “Aye”; Member Mazur abstained. carried 117 N. McMullen-Booth Road Item #D2 – : Robert S. Grossman – Owner/Applicant. Request annexation of 0.67 acre to the City of Clearwater at Lots 1 and 2, Crystal Heights Subdivision, in Section 16, Township 29 South, Range 16 East. ANX 01-01-04 Mr. Udoh reviewed the request. The 0.67-acre site, on the southeast corner of Drew Street and McMullen-Booth Road, consists of two lots. The property owner requests annexation to receive City sewer service when the property is redeveloped, under the City’s Office zoning district. Lot 1 is developed with a duplex and single- family-residence. Lot 2 is vacant. A companion application requests changes to the Future Land Use Plan category and Zoning District. The site plan will be addressed during the development review process. Member Gildersleeve moved to recommend approval of the annexation of 0.67 acre to the City of Clearwater at Lots 1 and 2, Crystal Heights Subdivision, in Section 16, motion carried Township 29 South, Range 16 East. The was duly seconded and unanimously. 117 N. McMullen-Booth Road Item #D3 – : Robert S. Grossman – Owner/Applicant. Request Land Use Plan amendment from RU, residential Urban to R/OL, Residential/Office Limited Classification and rezoning from R-3, Residential, Single Family District (County) to O, Office District of 0.67 acre at Lots 1 and 2, Crystal Heights Subdivision, in Section 16, Township 29 South, Range 16 East. LUZ 01-01-03 Mr. Udoh presented the request. The property owner wishes to redevelop these two parcels, totaling 0.67 acre, with an office use. The site is on the southeast corner of the busy intersection of McMullen-Booth Road and Drew Street. It is difficult to retain the residential use due to heavy traffic. Issues related to the site design will be addressed during the development review phase and may require CDB approval. Member Gildersleeve moved to recommend approval of a Land Use Plan amendment to R/OL, Residential/Office Limited Classification and rezoning to O, Office District of 0.67 acre at Lots 1 and 2, Crystal Heights Subdivision, in Section 16, motion carried Township 29 South, Range 16 East. The was duly seconded and unanimously. 1751 Cardinal Drive Item #D4 – : Aldo Yoannan – Owner/Applicant. Request annexation of 0.19 acre to the City of Clearwater and a Land Use Plan amendment to RL, Residential Low Classification, and rezoning to LMDR, Low Medium Density Residential District at North 72 feet of Lot 69 and the South 3 feet of Lot 68 of Pinellas ANX 01-01-04 Terrace in Section 05, Township 29 South, Range 16 East. Mr. Udoh presented the request. The 0.19-acre site, on the east side of Cardinal Drive, is north of SR 590. The property owner has requested annexation to receive City sewer service. The site features a single-family residence. . mcd0301 16 03/20/01 Member Gildersleeve moved to recommend the annexation of 0.19 acre to the City of Clearwater and a Land Use Plan amendment to RL, Residential Low Classification, and rezoning to LMDR, Low Medium Density Residential District at North 72 feet of Lot 69 and the South 3 feet of Lot 68 of Pinellas Terrace in Section 05, motion carried Township 29 South, Range 16 East. The was duly seconded and unanimously. 2301 Campbell Road Item #D5 – : Paul A. Young, Carolyn L. Young & Judith N. Coachman/City of Clearwater – Owner/Applicant. Request annexation of 3.65 acres to the City of Clearwater and a Land Use Plan amendment to RE, Residential Estate Classification, and rezoning to LDR, Low Density Residential District at M&Bs 34/01 and 34/011 in Section 6, Township 29 South, Range 16 East. ANX 00-09-16 Item continued. See Item A. 1273, 1277, 1281, 1285, 1295 Bertland Way & 1950 Betty Lane Item #D6 - : Charles E. Johnson III/City of Clearwater – Owner/Applicant. Request annexation of 0.86 acre to the City of Clearwater and Land Use Plan amendment to RU, Residential Urban Classification, and rezoning to LMDR, Low Medium Density Residential District at Lots 26, 27, 28, 29, 31, and 32, Floradel Subdivision, together with adjoining right-of-way of ANX 00-12-21 Betty Lane. Mr. Udoh presented the request. The 0.86-acre site, on the south side of Bertland Way, is north of Sunset Point Road. On August 22, 1983, the properties’ previous owner entered into an ATA (Agreement to Annex) with the City to connect to City water. At that time, the properties were outside the City’s municipal boundaries and did not meet the adjacency requirements for voluntary annexation. That agreement, binding upon the previous owners, their successors, assigns, or any subsequent owner of this property, consents to annex into the City when possible. As required, the City sent written notice to the owner on October 16, 2000, stating its intent to annex this property. That notice expired on December 14, 2000. The City is initiating this annexation request to comply with the ATA. The subject properties now are contiguous with City boundaries. The City has provided water service to the subject property since August 22, 1983. The proposal is consistent with Florida statutes related to voluntary annexation regulations. Staff recommends the properties have a land use plan designation of Residential Urban and be zoned Low Medium Density Residential (LMDR). Each lot features a duplex. As the site legally was established for duplex residential use since September 10, 1983, and the use has not changed, this use is legally non-conforming and may remain so. No sewer line is available to these properties, which are on septic tanks. Items #D5-13 were discussed together and approved by one vote. Mrs. Bloodworth opposed the annexation of her property. Staff indicated her property would not be affected by this action. Member Hooper moved to recommend approval of the annexation of 0.86 acre to the City of Clearwater and Land Use Plan amendment to RU, Residential Urban Classification, and rezoning to LMDR, Low Medium Density Residential District of Lots mcd0301 17 03/20/01 26, 27, 28, 29, 31, and 32, Floradel Subdivision, together with adjoining right-of-way of motion carried Betty Lane. The was duly seconded and unanimously. 1289 Bertland Way Item #D7 - : Clyde & Winnie L.Tisdale & /City of Clearwater – Owner/Applicant. Request annexation of 0.14 acre to the City of Clearwater and Land Use Plan amendment to RU, Residential Urban Classification, and rezoning to LMDR, ANX 00-12-22 Low Medium Density Residential District at Lot 30, Floradel Subdivision. Mr. Udoh presented the request. The 0.14-acre site, on the north side of State Street, is north of Sunset Point Road. On August 22, 1983, the property’s previous owner entered into an ATA with the City to connect to City water. At that time, the property was outside the City’s municipal boundaries and did not meet the adjacency requirements for voluntary annexation. That agreement, binding upon the previous owners, their successors, assigns, or any subsequent owner of this property, consents to annex into the City when possible. As required, the City sent written notice to the owner on October 16, 2000, stating its intent to annex this property. That notice expired on December 14, 2000. The City is initiating this annexation request. The subject property now is contiguous with City boundaries. The City has provided water service to the subject property since August 22, 1983. The proposal is consistent with Florida statutes related to voluntary annexation regulations. Staff recommends the property have a land use plan designation of Residential Urban and be zoned Low Medium Density Residential (LMDR). The property features a duplex. As the site legally was established for duplex residential use since September 10, 1983, and the use has not changed, this use is legally non-conforming and may remain so. No sewer line is available to this property, which has a septic tank. Member Hooper moved to recommend approval of the annexation of 0.14 acre to the City of Clearwater and Land Use Plan amendment to RU, Residential Urban Classification, and rezoning to LMDR, Low Medium Density Residential District at Lot motion carried 30, Floradel Subdivision. The was duly seconded and unanimously. 2057 The Mall Item #D8 – : Paul A. Lennox & Brenda K. Hargett/City of Clearwater – Owner/ Applicant. Request annexation of 0.14 acre to the City of Clearwater, and Land Use Plan amendment to Residential Urban and Preservation Classification, and rezoning to LMDR, Low Medium Density Residential District at Lot 10, Block H, ANX 00-12-23 Brooklawn Subdivision, together with adjoining right-of-way. Mr. Udoh presented the request. The 0.11-acre site, on the east side of The Mall, is south of Union Street. On May 30, 1986, the property’s previous owner entered into an ATA with the City to connect to City water. At that time, the property was outside the City’s municipal boundaries and did not meet the adjacency requirements for voluntary annexation. That agreement, binding upon the previous owners, their successors, assigns, or any subsequent owner of this property, consents to annex into the City when possible. As required, the City sent written notice to the owner on October 16, 2000, stating its intent to annex this property. That notice expired on December 14, 2000. The City is initiating this annexation request. The subject property now is contiguous with City boundaries. The City has provided water service to the subject mcd0301 18 03/20/01 property since December 15, 1986. The proposal is consistent with Florida statutes related to voluntary annexation regulations. Staff recommends the property have a land use plan designation of Residential Urban and Preservation and be zoned Low Medium Density Residential (LMDR). The property features a single-family residence. No sewer line is available to this property. The property owners have a septic tank. On February 6, 2001, the applicant paid the City the $200 Recreation and Open Space impact fee. Member Hooper moved to recommend approval of the annexation of 0.11 acre to the City of Clearwater, and Land Use Plan amendment to Residential Urban and Preservation Classification, and rezoning to LMDR, Low Medium Density Residential District at Lot 10, Block H, Brooklawn Subdivision, together with adjoining right-of-way. motion carried The was duly seconded and unanimously. 2053 The Mall Item #D9 – : J. B. Grammatico/City of Clearwater – Owner/ Applicant. Request annexation of 0.11 acre to the City of Clearwater, and Land Use Plan amendment to Residential Urban & Preservation Classification, and rezoning to LMDR, Low Medium Density Residential District at Lot 11, Block H, Brooklawn Subdivision. ANX 00-12-24 Mr. Udoh presented the request. The 0.11-acre site, on the east side of The Mall, is south of Union Street. On August 8, 1985, the property’s previous owner entered into an ATA with the City to connect to City water. At that time, the property was outside the City’s municipal boundaries and did not meet the adjacency requirements for voluntary annexation. That agreement, binding upon the previous owners, their successors, assigns, or any subsequent owner of this property, consents to annex into the City when possible. The property now is contiguous to City boundaries. As required, the City sent written notice to the owner on October 16, 2000, stating its intent to annex this property. That notice expired on December 14, 2000. The City is initiating this annexation request. The subject property now is contiguous with City boundaries. The City has provided water service to the subject property since the ATA was signed. The proposal is consistent with Florida statutes related to voluntary annexation regulations. Staff recommends the property have a land use plan designation of Residential Urban and Preservation and be zoned Low Medium Density Residential (LMDR). The property features a single-family residence. No sewer line is available to this property. The property has a septic tank. On February 6, 2001, the applicant paid the City the $200 Recreation and Open Space impact fee. Member Hooper moved to recommend approval of the annexation of 0.11 acre to the City of Clearwater, and Land Use Plan amendment to RU, Residential Urban Classification, and rezoning to LMDR, Low Medium Density Residential District at Lot motion carried 11, Block H, Brooklawn Subdivision. The was duly seconded and unanimously. 2049 The Mall Item #D10 – : George M. Cecere & Helen M. Bradley/City of Clearwater – Owner/Applicant. Request annexation of 0.11 acre to the City of Clearwater, and Land Use Plan amendment to Residential Urban & Preservation Classification, and rezoning to LMDR, Low Medium Density Residential District at Lot 12, Block H, Brooklawn ANX 00-12-25 Subdivision. mcd0301 19 03/20/01 Mr. Udoh presented the request. The 0.11-acre site, on the east side of The Mall, is south of Union Street. On April 9, 1984, the property’s previous owner entered into an ATA with the City to connect to City water. At that time, the property was outside the City’s municipal boundaries and did not meet the adjacency requirements for voluntary annexation. That agreement, binding upon the previous owners, their successors, assigns, or any subsequent owner of this property, consents to annex into the City when possible. As required, the City sent written notice to the owner on October 16, 2000, stating its intent to annex this property. That notice expired on December 14, 2000. The City is initiating this annexation request. The subject property now is contiguous with City boundaries. The City has been providing water service to the property since April 6, 1987. The proposal is consistent with Florida statutes related to voluntary annexation regulations. Staff recommends the property have a land use plan designation of Residential Urban and Preservation and be zoned Low Medium Density Residential (LMDR). The property features a single-family residence. No sewer line is available to this property. The property owners have a septic tank. The ATA requires the property owner to pay the City a $200 Recreation and Open Space impact fee by April 3, 2001. The City adopted the fee on July 7, 1983. George M. Cecere, owner, expressed concern regarding the proposed annexation and rezoning. He stated the County had assessed all property owners on the street to cover costs related to paving the road. He expressed concern residents aren’t assessed further to pay for future repairs to the road. Ms. Tarapani will check on the road’s status before the City Commission considers the CDB’s recommendations. She said properties on septic tanks will not be charged for sewer. She said only residents outside the City are charged a 25% surcharge for water. Mr. Cecere said the resulting City border will be ragged as not all property owners had signed ATAs. It was not clear why all properties did not participate. In response to a question, Ms. Tarapani said copies of the ATAs are recorded at the court house. Not every title company may have noted it, however. Member Hooper moved to recommend approval of the annexation of 0.11 acre to the City of Clearwater, and Land Use Plan amendment to Residential Urban & Preservation Classification, and rezoning to LMDR, Low Medium Density Residential motion District at Lot 12, Block H, Brooklawn Subdivision. The was duly seconded and carried unanimously. 2067 The Mall Item #D11 – : Cimmarie L. Crocker/City of Clearwater – Owner/ Applicant. Request annexation of 0.11 acre to the City of Clearwater, and Land Use Plan amendment to Residential Urban & Preservation Classification, and rezoning to LMDR, ANX Low Medium Density Residential District at Lot 1, Block H, Brooklawn Subdivision. 00-12-26 Mr. Udoh presented the request. The 0.11-acre site, on the east side of The Mall, is south of Union Street. On June 21, 1984, the property’s previous owner entered into an ATA with the City to connect to City water. At that time, the property was outside the City’s municipal boundaries and did not meet the adjacency requirements for voluntary annexation. That agreement, binding upon the previous owners, their successors, assigns, or any subsequent owner of this property, consents to annex into the City when possible. As required, the City sent written notice to the owner on October mcd0301 20 03/20/01 16, 2000, stating its intent to annex this property. That notice expired on December 14, 2000. The City is initiating this annexation request. The subject property now is contiguous with City boundaries. The City has provided water service to the subject property following the ATA. The proposal is consistent with Florida statutes related to voluntary annexation regulations. Staff recommends the property have a land use plan designation of Residential Urban and Preservation and be zoned Low Medium Density Residential (LMDR). The property features a single-family residence. No sewer line is available to this property. The property owner has a septic tank. The ATA requires the property owner to pay the City a $200 Recreation and Open Space impact fee by April 3, 2001. The City adopted the fee on July 7, 1983. Cimmarie L. Crocker expressed concern the abutting lot she owns is not being annexed. Ms. Tarapani said property can be sold even if portion of it are in the County and City. Member Hooper moved to recommend approval of the annexation of 0.11 acre to the City of Clearwater, and Land Use Plan amendment to Residential Urban & Preservation Classification, and rezoning to LMDR, Low Medium Density Residential motion District at Lot 1, Block H, Brooklawn Subdivision. The was duly seconded and carried unanimously. 2056 The Mall Item #D12 – : Neil R. & W. Ilene M. De’Remer/City of Clearwater – Owner/Applicant. Request annexation of 0.11 acre to the City of Clearwater, and Land Use Plan amendment to RU, Residential Urban Classification, and rezoning to LMDR, Low Medium Density Residential District at Lot 10, Block G, Brooklawn Subdivision. ANX 00-12-27 Mr. Udoh presented the request. The 0.11-acre site, on the east side of The Mall, is south of Union Street. On September 11, 1984, the property’s previous owner entered into an ATA with the City to connect to City water. At that time, the property was outside the City’s municipal boundaries and did not meet the adjacency requirements for voluntary annexation. That agreement, binding upon the previous owners, their successors, assigns, or any subsequent owner of this property, consents to annex into the City when possible. As required, the City sent written notice to the owner on October 16, 2000, stating its intent to annex this property. That notice expired on December 14, 2000. The City is initiating this annexation request. The subject property now is contiguous with City boundaries. The City has provided water service to the subject property since September 11, 1984. The proposal is consistent with Florida statutes related to voluntary annexation regulations. Staff recommends the property have a land use plan designation of RU, Residential Urban Classification and be zoned Low Medium Density Residential (LMDR). The property features a single-family residence. No sewer line is available to this property. The property owners have a septic tank. The ATA requires the property owner to pay the City a $200 Recreation and Open Space impact fee by April 3, 2001. The City adopted the fee on July 7, 1983. Member Hooper moved to recommend approval of the annexation of 0.11 acre to the City of Clearwater, and Land Use Plan amendment to RU, Residential Urban mcd0301 21 03/20/01 Classification, and rezoning to LMDR, Low Medium Density Residential District at Lot motion carried 10, Block G, Brooklawn Subdivision. The was duly seconded and unanimously. 1717 El Trinidad Drive East Item #D13 – : Paul M. & Julie M. Gramblin/City of Clearwater – Owner/Applicant. Request annexation of 0.16 acre to the City of Clearwater, and Land Use Plan amendment to RL, Residential Low Classification, and rezoning to LMDR, Low Medium Density Residential District at Lot 5, Block 1, Virginia ANX 00-12-28 Grove Terrace. Mr. Udoh presented the request. The 0.16-acre site, on the east side of El Trinidad Drive East, is north of SR 590. On December 17, 1985, the property’s previous owner entered into an ATA with the City to connect to the City’s sewer system. At that time, the property was outside the City’s municipal boundaries and did not meet the adjacency requirements for voluntary annexation. That agreement, binding upon the previous owners, their successors, assigns, or any subsequent owner of this property, consents to annex into the City when possible. As required, the City sent written notice to the owner on October 16, 2000, stating its intent to annex this property. That notice expired on December 14, 2000. The City is initiating this annexation request. The subject property now is contiguous with City boundaries. The City has provided sewer service to the subject property since December 17, 1985. The proposal is consistent with Florida statutes related to voluntary annexation regulations. Staff recommends the property have a land use plan designation of Residential Low and be zoned Low Medium Density Residential (LMDR). The property features a single-family residence. On February 6, 2001, the applicant paid the City the $200 Recreation and Open Space impact fee. Member Hooper moved to recommend approval of the annexation of 0.16 acre to the City of Clearwater, and Land Use Plan amendment to RL, Residential Low Classification, and rezoning to LMDR, Low Medium Density Residential District at at Lot motion carried 5, Block 1, Virginia Grove Terrace. The was duly seconded and unanimously. ITEM E – APPROVAL OF THE MINUTES Member Petersen moved to approve the minutes of regular meeting of February 20, 2001, as recorded and submitted in written summation to each board member. The motioncarried was duly seconded and unanimously. ITEM F – DIRECTORS ITEMS Election of Officers Member Gildersleeve moved to reappoint Gerald Figurski as Chair and Edward Mazur, Jr. as Vice Chair. Mr. Mazur requested he not be considered. Member Gildersleeve moved to reappoint Gerald Figurski as Chair and appoint motion carried Carlen Petersen as Vice Chair. The was duly seconded and unanimously. mcd0301 22 03/20/01 Consent Agenda Chair Figurski requested members review his memorandum recommending the board establish a Consent Agenda. Issue to be discussed. In response to a suggestion, staff will try to accommodate applicants who must leave early, if they are aware of the need. Alternate Member It was felt it would be unfair for an alternate member to prepare for meetings and be not allowed to participate. Mr. Tarapani said it is important that members of this board have experience related to land issues. Staff understands that members sometimes have conflicts of interest. Staff had suggested an alternate member sit on the dais and discuss the issues. The alternate member only would vote when the full board was not present. Pending Ordinances In response to a question, Ms. Tarpani said the City Commission had requested additional information regarding proposed ordinances related to newsracks and docks. ITEM G - ADJOURNMENT The meeting adjourned at 5:17 p.m. mcd0301 23 03/20/01 1'- I OJ COMMUNITY DEVELOPMENT BOARD Meeting Date: March 20, 2001 I have conducted a personal investigation on the personal site visit to all the properties. Phuoc Thanh Nguyen - 3006 GuJ+~Bay Blvd. - FL 00-08-33 yes ~LV.l no Ernest H. McDowell - 42 Midwallsland - FL 01-01-02 yes ~J - no L.M. Loken - 601 N. Belcher RO':lL FL 01-01-04 yes ~ no The Clearwater Group - 1100 S. ~souri Ave. - FL 01-01-05 yes ./ no Dayton Andrews, Inc. - 2394 Gulf)6 Bay Blvd. - FL 01-01-03 yes ' / no l/ / Bay View Hotel, Inc. - 1919 Edge ater Dr. - FL 00-12-63 yes no Fred & Vivian Whalen - 1919 Ed ater Drive - LUZ 01-12-02 yes no Robert Grossman - 117 N. McMulJ.e'n Booth Rd. - ANX 01-01-03 yes V no Robert Grossman - 117 N. MCM~n Booth Rd. - LUZ 01-01-03 yes no Aldo Y o annan - 1751 Cardinal ,Dr;~' - ANX 01-01-04 yes c;"- no Young/Campbell - 230 1 Campbell~. - ANX 00-19-16 yes lI'~-- no Charles Johnson - 1273, 1277, 1281,s 1285, 1295 Berland Way & 1950 Betty Lane - ANX 00-12-21/ yes ~ no II Clyde & Winnie Tisdale - 1289Jertland Way - ANX 00-12-22 yes no Paul Lennox & B. Hargett - 205jrhe Mall- ANX 00-12-23 yes no J.B. Grammatico - 2053 The M~~ - ANX 00-12-24 yes J1 no G. Cecere & H. Bradley - 2049 TJe Mall- ANX 00-12-25 yes J' no Cimmarie Crocker - 2067 The MalI - ANX 00-12-26 yes ~ no Neil & Ilene De'Remer - 2056 T~ Mall- ANX 00-12-27 yes ;;- no P. & J. Gramblin - 1717 EL Trin" \ yes no 3 Date ;2 CO I , ., COMMUNITY DEVELOPMENT BOARD Meeting Date: March 20, 2001 I have conducted a personal investigation on the personal site visit to all the properties. Phuoc Thanh Nguyen - 3006 ~ to Bay Blvd. - FL 00-08-33 yes no Ernest H. McDowell - 42 Mi~y Island - FL 01-01-02 yes no ( L.M. Loken - 60 IN. Belcher Xad - FL 01-01-04 yes no The Clearwater Group - 1100 XiSSOUri Ave. - FL 01-01-05 yes no Dayton Andrews, Inc. - 2394 Gulf to Bay Blvd. - FL 01-01-03 yes ~ no Bay View Hotel, Inc. - 1919 Edgewater Dr. - FL 00-12-63 yes ~ no Fred & Vivian Whalen - 1919 ~gewater Drive - LUZ 01-12-02 yes no Robert Grossman - 117 N. McMullen Booth Rd. - ANX 01-01-03 yes ~ no Robert Grossman - 117 N. MC~llen Booth Rd. - LUZ 01-01-03 yes no Aldo Yoannan - 1751 Cardinal five - ANX 01-01-04 yes no Young/Campbell - 230 I camp~ll Rd. - ANX 00-19-16 yes no Charles Johnson - 1273, 1277, 1281, 1285, 1295 Berland Way & 1950 Betty Lane - ANX 00-12-V yes ~no Clyde & Winnie Tisdale - 1289frtland Way- ANX 00-12-22 yes no , Paul Lennox & B. Hargett - 2i The Mall - ANX 00-12-23 yes no J.B. Grammatico - 2053 The ~I- ANX 00-12-24 yes no G. Cecere & H. Bradley - 204re Mall - ANX 00-12-25 yes no Cimmarie Crocker - 2067 Th)(all - ANX 00-12-26 yes no Neil & Ilene De'Remer - 20561'e Mall - ANX 00-12-27 yes no P. & J. Gramblin - 1717 EL Tj\idad Dr. E. - ANX 00-12-28 yes no " :fftO/ClL D!te I . , f . COMMUNITY DEVELOPMENT BOARD Meeting Date: March 20, 2001 ~ ~ I have conducted a personal investigation on the personal site visit to all the properties. Phuoc Thanh Nguyen - 3006 Gulf 0 Bay Blvd. - FL 00-08-33 yes no Ernest H. McDowell - 4 2 Mid7sland ~ FL 01-01-02 yes no L.M. Loken - 601 N. Belcher ROa?FL 01-01-04 yes no I The Clearwater Group - 1100 S. /SOUri Ave. - FL 01-01-05 yes no . Dayton Andrews, Inc. - 2394 GUyBay Blvd. ~ FL 01-01-03 yes no .--- Bay View Hotel, Inc. - 1919 Edgewater Dr. - FL 00-12-63 yes ~ no I Fred & Vivian Whalen - 1919 E7ater Drive - LUZ 01-12-02 yes no I Robert Grossman-II? N. MCr Booth Rd. - ANX 01-01-03 yes no ~ Robert Grossman - 117 N. Mci*n Booth Rd. - ~U~ 01-01-03 yes no . - Aldo Y o annan - 1751 Cardinal Dr~ - ANX 01-01-04 yes ;r~" no Young/Campbell ~ 230 I camp~d. - ANX 00-19-16 yes no Charles Johnson - 1273, 1277, 1281, 1285, 1295 Berland Way & 1950 Betty Lane - ANX 00-12-7 yes ~no Clyde & Winnie Tisdale - 1289 B~d Way - ANX 00-12-22 yes no , Paul Lennox & B. Hargett - 2057 ~all- ANX 00-12-23 yes no I J.B. Grammatico ~ 2053 The Mall ~ 00-12-24 yes no , G. Cecere & H. Bradley - 2049 T~all- ANX 00-12-25 yes no Cimmarie Crocker~ 2067 The MrNX 00-12-26 yes no Neil & Ilene De'Remer - 2056 The all- ANX 00-12-27 yes no P. & J. Gramblin - 1717 EL Tri yes no Yj'tV / 0 I Date