05/21/2002
COMMUNITY DEVELOPMENT BOARD MEETING
CITY OF CLEARWATER
May 21, 2002
Present: Carlen A. Petersen Vice Chair
David Gildersleeve Board Member
Shirley Moran Board Member
Alex Plisko Board Member
Ed Hooper Board Member
John Doran Board Member
Kathy Milam Alternate Board Member - Voting
Absent: Edward Mazur, Jr. Board Member
Also Present: Leslie Dougall-Sides Assistant City Attorney
Cynthia Tarapani Planning Director
Gina Clayton Long Range Planning Manager
Patricia O. Sullivan Board Reporter
The Chair called the meeting to order at 2:00 p.m. at City Hall, followed by the Invocation
and Pledge of Allegiance.
To provide continuity for research, items are in agenda order although not
necessarily discussed in that order.
A.
APPROVAL OF MINUTES OF PREVIOUS MEETING: April 16, 2002
In reference to page 4, paragraph 1, and page 17, paragraphs 2, 4, and 5, Member Doran
indicated he had voted “Aye,” in favor of the actions.
Member Hooper moved to approve the minutes of the regular meeting of April 16, 2002,
motioncarried
as amended. The was duly seconded and unanimously.
B. ELECTION OF OFFICERS: Chair and Vice Chair
Member Gildersleeve moved to appoint Carlen A. Petersen as Chair and Ed Hooper as
motion carried
Vice-Chair. The was duly seconded and unanimously.
C. REQUEST FOR CONTINUANCE: The following case is requested to be continued to the
June 18, 2002, CDB meeting. (Item 1):
1. Case: FL 02-02-03 – 18 Glendale Street Level Two Application
Applicant: Mr. Scott Ogilvie.
Location: 0.10-acres located on the north side of Glendale Street, approximately 150
feet west of Mandalay Avenue.
Atlas Page: 258A.
Zoning: MHDR, Medium High Density Residential District.
Request:
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Flexible Development approval to reduce the required front (south) setback from 25 feet to 1.6
feet (to deck) along Glendale Street and to reduce the side (west) setback from 10 feet to 1.9
feet (to deck), as a Residential Infill Project under the provisions of Section 2-404.
Proposed Use: A 264 square foot wood deck as accessory to an existing dwelling.
Presenter: Wayne Wells, Senior Planner.
Member Hooper moved to continue Item D1, Case: FL02-02-03 to June 18, 2002. The
motion carried
was duly seconded and unanimously.
D. CONSENT AGENDA: The following cases are not contested by the applicant, staff,
neighboring property owner, etc. and will be approved by single vote at the beginning of the
meeting. (Items 1-5)
1. Case: ANX 02-02-03 - 25633 U.S. 19 North Level Three Application – Continued
item
Owner/Applicant: Lawrence H. Dimmitt, III.
Agent: Harry S. Cline Esquire.
Location: 1.04 acres located on the east side of U.S. 19 North and west of Lake
Chautauqua and north of First Avenue North.
Atlas Page: 233A.
Request:
(a) Annexation of 1.04 acres to the City of Clearwater;
(b) Land Use Plan amendment from R/O/R, Residential/Office/Retail (County) to R/O/R,
Residential/Office/Retail (City); and
(c) Rezoning from CP-I, Commercial Parkway District (County) to C, Commercial District
(Clearwater).
Presenter: Gina Clayton, Long Range Planning Manager.
This property is approximately 1.04 acres in area and is located south of the Cypress
Point Shopping Center, east of U. S. 19 North and north of First Avenue North. The applicant
is requesting this annexation in order to bring this property into the City of Clearwater. No sewer
or water service is required at this time. The property is contiguous with the existing City
boundaries to the north, south and west, therefore, the proposed annexation is consistent with
Florida Statutes with regard to voluntary annexation. The subject site is currently used for
vehicle service and parking and the applicant is not proposing to change this. It is proposed
that the property have a Future Land Use Plan designation of Residential/Office/Retail (R/O/R)
and a zoning category of Commercial (C).
The Planning Department recommends: approval of the annexation of the property
located at 25633 U. S. 19 North; approval of the Residential/Office/Retail plan (R/O/R) category
pursuant to the City’s Comprehensive Plan; and approval of the Commercial (C) zoning district
pursuant to the City’s Community Development Code.
AND
2. Case: ANX 02-03-05 - 1931 East Skyline Drive Level Three Application
Owner/Applicant: Lois A. Conley.
Location: 0.17 acres located on the east side of East Skyline Drive, approximately
450 feet north of Sunset Point Road.
Mcd0502 2 05/21/02
Atlas Page: 254B.
Request:
(a) Annexation of 0.17 acres to the City of Clearwater;
(b) Land Use Plan amendment from RL, Residential Low (County) to RL, Residential
Low (Clearwater); and
(c) Rezoning from R-3, Residential, Single Family District (County) to LMDR, Low
Medium Density Residential District (Clearwater).
Presenter: Gina Clayton, Long Range Planning Manager.
The subject property is located at 1931 East Skyline Drive on the east side of East
Skyline Avenue, approximately 450 feet north of Sunset Point Road. The applicant is
requesting this annexation in order to receive City sewer service. This property is contiguous
with the existing City boundaries to the north, south and west, therefore, the proposed
annexation is consistent with Florida Statutes with regard to voluntary annexation. The subject
site is occupied by an existing single-family detached dwelling and it is proposed that the
property have a Future Land Use Plan designation of Residential Urban (RU) and a zoning
category of Low Medium Density Residential (LMDR).
The Planning Department recommends the following actions: approval of the annexation
of the property located at 1931 East Skyline Drive; approval of the Residential Urban category
pursuant to the City’s Comprehensive Plan; and approval of the Low Medium Density
Residential (LMDR) zoning district pursuant to the City’s Community Development Code.
AND
3. Case: LUZ 02-02-01 – 2551 Harn Boulevard Level Three Application
Owner/Applicant: James G. Nichols & Anastesia S. Nichols/Long Bow Corporation.
Location: 0.74 acres located on the south side of Harn Boulevard, approximately
420 feet west of U.S. 19 North.
Atlas Page: 309B.
Request:
(a) Land Use Plan amendment from CG, Commercial General Classification to RH,
Residential High Classification; and
(b) Rezoning from C, Commercial District to MHDR, Medium High Density Residential District.
Presenter: Gina Clayton, Long Range Planning Manager.
The subject site is 36,590 square feet in area or 0.84 acres and is currently vacant. It is
zoned Commercial (C) and has a Future Land Use Plan classification of Commercial General
(CG). The applicant is proposing to amend the Future Land Use Plan to designate this
property Residential High (RH) and to rezone it to the Medium High Density Residential (MHDR)
District in order to develop it, along with the parcel to the south, with attached dwellings. The
current Commercial (C) District does not permit residential development outside of a mixed use
development.
In accordance with the Countywide Plan Rules, the land use plan amendment is subject
to approval by the Pinellas Planning Council and Board of County Commissioners acting as the
Countywide Planning Authority. Due to the allowable density of the Residential High Future
Land Use Plan category, review and approval by the Department of Community Affairs is
required.
Mcd0502 3 05/21/02
The Planning Department recommends: Amend the Future Land Use Plan designation
of 2551 Harn Boulevard (Portion of Metes & Bounds 14/08 in Section 19, Township 29 South,
Range 16 East) from Commercial General (CG) to Residential High (RH); and Amend the
Zoning District designation of 2551 Harn Boulevard (Portion of Metes & Bounds 14/08 in
Section 19 , Township 29 South, Range 16 East) from Commercial from Commercial (C) to
Medium High Density Residential (MHDR).
AND
4. Case: FL 02-03-07 – 1751 Gulf-to-Bay Boulevard Level Two Application
Owner/Applicant: Mr. Peter Gianfilippo.
Representative: Mr. Kevin Scherer.
Location: 0.576 acres located on the southwest corner of Gulf-to-Bay Boulevard and
Phoenix Avenue.
Atlas Page: 297B.
Zoning: C, Commercial District.
Request:
Flexible Development request to: (1) permit vehicle sales and display in the Commercial District
adjacent to residentially zoned property with outdoor display of vehicles; (2) reduce the
minimum lot area from 40,000 square feet to 25,087 square feet, (3) reduce the minimum lot
width from 200 feet to 135 feet, (4) reduce the front (north) setback along Gulf-to-Bay Boulevard
from 25 feet to 15 feet to pavement, (5) reduce the front (east) setback along Phoenix Avenue
from 25 feet to one foot to existing building and to 10 feet to pavement, (6) reduce the side
(south) setback from 10 feet to zero feet to dumpster and to five feet to building and pavement,
(7) reduce the side (west) setback from 10 feet to five feet to building and pavement, (8)
increase the gross floor area of an existing, accessory dwelling from 25 percent (1,534 square
feet) to 30.4 percent (1,868 square feet) of the principal use, and (9) reduce the required
number of parking spaces from 17 spaces to 12 spaces, as part of a Comprehensive Infill
Redevelopment Project under the provisions of Section 2-704.B, with a Comprehensive
Landscape Program under the provisions of Section 3-1202.
Proposed Use:
A 6,138 square foot car dealership with indoor and outdoor display, an existing 1,868 square
foot attached, second-floor accessory dwelling and existing 1,472 square foot garage/office.
Presenter: Wayne M. Wells, Senior Planner.
The rectangular site is 0.575 acres located at the southwest corner of Gulf-to-Bay
Boulevard and Phoenix Avenue, approximately 600 feet west of Keene Road. The site has
been developed commercially in the past for the retail sales of alcoholic beverages (Ace Liquor).
The building has been vacant for at least a year. There is a second-floor, 1,868 square-foot,
accessory dwelling on the south side of the main building. A two-story accessory building is
located in the southwest corner of the site with a ground-floor garage and a second-floor
apartment. The existing site is almost completely covered by impervious surfaces.
Adjacent land uses fronting on either side of Gulf-to-Bay Boulevard are nonresidential
and primarily commercial in character. An automobile service station exists to the east, a motel
to both the west and northwest and a church directly north across Gulf-to-Bay Boulevard.
Properties to the south are zoned for and developed with residential uses. A single-family
detached dwelling is directly adjacent to the south, with a multi-family building to the southeast.
Mcd0502 4 05/21/02
The applicant seeks to redevelop the property to permit a classic car sales
establishment (PJ’s Auto World), a use permitted as Flexible Standard and Flexible
Development uses in the Commercial District. The request for this use, however, is being
processed as a Comprehensive Infill Redevelopment Project due to necessary deviations from
the standards and criteria for this use.
The principal building is 6,138 square feet on the ground floor, with the 1,868 square feet
accessory dwelling on the second floor. The existing commercial building is basically square-
shaped and windowless. The applicant proposes to create windows on the ground floor
commercial area to permit views of the vehicles displayed indoors. The façade of the building
will be significantly improved through the installation of the windows, stucco wall finish, canvas
awnings over the storefront windows and the construction of parapets to hide rooftop air
condensers. These parapets will also help mask the second-floor accessory dwelling from view
from Gulf-to-Bay Boulevard. Indoor vehicle display of 4,620 square feet is proposed, with the
floor area balance being for offices and vehicle detailing. There is no vehicle repair proposed at
this location. The color of the buildings need to be one of the two submitted color schemes (soft
pink or soft peach) or a color scheme changed and acceptable to Staff.
The proposal includes retaining the existing second-floor, accessory dwelling. It is 30.4
percent of the principal use floor area, which exceeds the current Code limitation of 25 percent.
By virtue of being on-site, this dwelling will help provide security for the premises. The
accessory dwelling will be repainted to match the rest of the building.
The site design eliminates a driveway on Gulf-to-Bay Boulevard, which will bring the site
into conformance with a Flexible Development criteria for vehicle display and sales that requires
frontage on, but no access to, a major arterial. The proposal includes the removal of pavement
along Gulf-to-Bay Boulevard to create a 15-foot wide landscape area with tiered landscaping,
enhanced with trees and ground cover, adjacent to the angled outdoor vehicle display area.
The two driveways on Phoenix Avenue will be defined through the elimination of pavement both
on-site and in the right-of-way. The northern driveway will be directional as an entrance-only
access point, which is preferred due to its proximity to the intersection with Gulf-to-Bay
Boulevard. Appropriate signage will need to be installed for this directional traffic flow.
The proposal includes a setback reduction from 10 feet to five feet to pavement and
building along the south property line, and a six-foot high wood fence, hedge and trees as a
buffer. Existing improvements restrict providing the full buffer width. A five-foot wide landscape
area will also be created along the west property line. The removal of existing pavement and
installation of landscaping will significantly enhance the appearance of this property, furthering
redevelopment efforts along Gulf-to-Bay Boulevard. The proposal includes construction of a
sidewalk and installation of trees and other landscaping within the Phoenix Avenue right-of-way,
which will help soften the building views. The installation of landscaping within the right-of-way
will require a right-of-way use permit.
The hours of operation will be normal business day hours, generally Monday through
Saturday between 9:00 a.m. and 6:00 p.m. (or 7:00 p.m. during daylight savings days). The
proposal includes a reduction in the required amount of parking for the vehicle display and sales
from 17 to 12 spaces. There are 2,080 square feet of outdoor vehicle display area and 4,620
square feet of indoor vehicle display area proposed. The applicant has indicated that many of
his vehicles are sold over the internet, which reduces the need for on-site parking. Buyers of
classic cars are looking at specific vehicles, arrive educated and spend less time on the site. A
Mcd0502 5 05/21/02
major reason the applicant has chosen a Gulf-to-Bay Boulevard location is the construction of
the new bridge and rerouting of traffic to Court Street, which will reduce the visibility of his other
location at 1370 Cleveland Street. Customers at the subject property will also be directed to the
Cleveland Street store. As few as 10 to 15 customers a day are anticipated and many are
tourists who spend an average of 20 minutes window-shopping. Delivery of “new” vehicles is
usually one at a time. The delivery transport truck will need to be on-site and not within any
right-of-way.
The total impervious area will be reduced from 98.5 percent to 80.1 percent. With this
reduction, the site is exempt from providing on-site stormwater retention. Code requires 10
percent of the vehicular use area to be interior islands to break up the pavement areas. The
proposal provides 5.1 percent interior landscaping, which is acceptable under the provisions of
a Comprehensive Landscape Program. The dumpster enclosure will be located at the
southeast corner of the property, adjacent to the single-family dwelling. The enclosure is angled
for ease of truck pickup and set back 12 feet from the Phoenix Avenue property line outside of
visibility triangle requirements. The corner of the enclosure is situated right along the south
property line, which is the most optimal for this site.
Existing signs on the site include two attached signs on the main building, a freestanding
pole sign along Gulf-to-Bay Boulevard and a freestanding sign (billboard) in the northwest
corner of the property. That sign is illegal and the property owner and sign owner have been
found in violation of City Sign Code provisions. This billboard will need to be removed or
brought into compliance with all applicable sign ordinances prior to the issuance of any building
permit for this property. All other existing nonconforming signs will need to be brought into
compliance with Code as part of this application. The applicant has proposed modifying the
existing pole sign in the northeast corner of the property for the proposed use. The applicant
has indicated that the Sign Code will be met. Sign Code provisions will limit the site to a
maximum of two freestanding signs with a total sign area of 20 square feet, a maximum
attached signage of 20 square feet, and a maximum window signage of eight square feet per
window, not to exceed a cumulative of 24 square feet. All signs need to be architecturally
integrated into the design of the site and building. Should the applicant seek approval of a
Comprehensive Sign Program at a later date, Staff would recommend one monument sign
along Gulf-to-Bay Boulevard with sign area meeting Code, a maximum height of eight feet and
with a solid base coordinated with the design and color of the building.
On April 11, 2002, the Development Review Committee reviewed the application and
supporting materials. The Planning Department recommends approval of the Flexible
Development application to: (1) permit vehicle sales and display in the Commercial District
adjacent to residentially zoned property with outdoor display of vehicles; (2) reduce the
minimum lot area from 40,000 square feet to 25,087 square feet, (3) reduce the minimum lot
width from 200 feet to 135 feet, (4) reduce the front (north) setback along Gulf to Bay Boulevard
from 25 feet to 15 feet to pavement, (5) reduce the front (east) setback along Phoenix Avenue
from 25 feet to one foot to existing building and to 10 feet to pavement, (6) reduce the side
(south) setback from 10 feet to zero feet to dumpster and to five feet to building and pavement,
(7) reduce the side (west) setback from 10 feet to five feet to building and pavement, (8)
increase the gross floor area of an existing, accessory dwelling from 25 percent (1,534 square
feet) to 30.4 percent (1,868 square feet) of the principal use, and (9) reduce the required
number of parking spaces from 17 spaces to 12 spaces, as part of a Comprehensive Infill
Redevelopment Project under the provisions of Section 2-704.B, with a Comprehensive
Landscape Program under the provisions of Section 3-1202, for the site at 1751 Gulf-to-Bay
Mcd0502 6 05/21/02
Bases for Approval
Boulevard, with the following bases and conditions: : 1) proposal complies
with the Flexible Development criteria as a Comprehensive Infill Redevelopment Project per
Section 2-704.B; 2) proposal is in compliance with other standards in the Code including the
General Applicability Criteria per Section 3-913; 3) development is compatible with the
surrounding area and will enhance other redevelopment efforts; and 4) proposal complies with
the Flexible Development criteria as a Comprehensive Landscape Program under the
Conditions of Approval
provisions of Section 3-1202.G and : 1) That the vehicle display and
sales be limited to classic, older cars and any change in the type of vehicle sales be evaluated
for complementary operational characteristic and parking demand, and may require approval by
the Community Development Board (CDB); 2) That outdoor vehicle display not encroach into
any customer or employee parking space, drive aisles or greenspace area and be confined to
the northernmost, angled parking area; 3) That the on-loading or off-loading of vehicles from
any transport vehicle occur on-site and not within any abutting right-of-way; 4) That appropriate
signage acceptable to the Traffic Operations Division be installed for the entrance-only northern
driveway on Phoenix Avenue; 5) That no building permit be issued until the billboard is removed
or compliance is achieved with all applicable sign ordinances; 6) That signage be architecturally
integrated into the design of the site and building and meet Code (limited to a maximum of two
freestanding signs with a total maximum sign area of 20 square feet, a maximum attached
signage of 20 square feet, and a maximum window signage of eight square feet per window, not
to exceed a cumulative of 24 square feet); 7) That the design of the buildings be consistent with
the conceptual elevations submitted to, or as modified by the CDB, and that color of the
buildings be one of the two submitted color schemes, or as changed and acceptable to staff; 8)
That no outdoor loud speaker/public address or phone ringer system be permitted; 9) That the
accessory building not be used, leased or rented separately from the principal use and not used
as a dwelling;10) That a City right-of-way permit be obtained for the awning and landscaping
along Phoenix Avenue; and 11) That the landscape plan be amended to include additional
plantings along Phoenix Avenue in the sight triangles, including jasmine and sable palms (with a
clear trunk of 10 feet), to the satisfaction of Staff, prior to the issuance of any permits.
Member Gildersleeve moved to approve Items D1, D2, D3, and D4, with conditions as
motion
listed, Cases ANX 02-02-03, ANX 02-03-05, LUZ 02-02-01, and FL02-03-07. The was
carried
duly seconded and unanimously.
5. Case: FL 02-03-08 – 200 Brightwater Drive Level Two Application
Owner: Ms. Elfriede Siedler.
Applicant: Mr. Roland Rogers.
Representative: Mr. Housh Ghovaee, Northside Engineering, Inc.
Location: 0.54 acres located on the north side of Brightwater Drive, approximately
1,500 feet east of Hamden Drive.
Atlas Page: 276 A.
Zoning: T, Tourist District.
Request:
Flexible Development approval to permit attached dwellings within the Tourist District with a
reduction in the side (east and west) setbacks from 10 feet to five feet (to building); reduction in
the rear (north) setback from 10 feet to nine feet (to pool); and permit parking that is designed to
back into the public right-of-way, under provisions of Section 2-803 as a Comprehensive Infill
Redevelopment Project and Section 3-1402 (C).
Proposed Use: A 33,660 square foot building with 10 attached dwelling units.
Presenter: Wayne Wells, Senior Planner.
Mcd0502 7 05/21/02
The rectangular site is 0.54 acres located on the north side of Brightwater Drive,
approximately 1,500 feet east of Hamden Drive. It is located along a highly developed area
within Clearwater Beach and has along frontage Clearwater Bay. The site is located within the
Small Motel District of Beach By Design which provides for the redevelopment of Brightwater
Drive with townhomes between two and four stories above required parking.
The site has four, masonry block buildings containing 19 hotel rooms. Three of the
existing buildings are one-story and the fourth is two-stories. The buildings are between 10 feet
and 25 feet in height and used as overnight accommodations and associated accessory uses.
A 5,500 square foot structure containing 12 units and manager’s quarter is located at the
northwest corner of site. A 2,250 square foot building is located in the center of the site and
contains three units. A 540 square foot structure is located in the center of the site along
Brightwater Drive and contains one unit. The fourth structure is 1,000 square feet and contains
two units. The site has one, undefined, existing driveway along most of the south property line
(Brightwater Drive). It includes 21 “back out” parking spaces that extend into the right-of-way.
The site is currently nonconforming with regard to existing “back out” parking and rear, front and
side setbacks. The site is also deficient in the required number of parking spaces (29 spaces).
The site also contains two docks including a 404 square foot dock on the west side of the site
and 220 square foot dock is located on the east side of the site. These will be removed as part
of the site’s redevelopment. Any future docks will need to meet Code and may require a Level
Two, Flexible Development review (if greater than 500 square feet in area).
The proposal includes removing all existing buildings and pavement and constructing a
33,660 square foot building. It will be 35 feet in height with two floors of living area above one
floor of ground-level parking. The building will contain 10 dwelling units, each approximately
3,366 square feet in area. The proposed building will be located between five and 30 feet from
any property line. The parking under the building will include 20 spaces that exceed Code
requirements. Each unit will have a separate driveway along Brightwater Drive accessing
individual two-car garages. The design requires that cars continue to be backed out into the
right-of-way to exit the site. The development will operate as and have the characteristics of
single-family homes and will include individual garages. The site is located at the terminus of a
cul-de-sac with little traffic. Driveways, a minimum of 20 feet in length, are provided for each
unit. This will permit a vehicle to completely “back out” of the garage, thus eliminating the
garage walls as a potential view obstruction of the sidewalk and street. From a traffic
standpoint, this concept may be acceptable on a low volume cul-de-sac such as this. It should
not be considered, however, as precedent for deviation from the engineering policy of permitting
“back out” movement into the right-of-way for single-family residential uses only.
The request is to permit attached dwellings within the Tourist District with a reduction in
the side (east and west) setbacks from 10 feet to five feet (to building); reduction in the rear
(north) setback from 10 feet to nine feet (to pool); and permit parking that is designed to back
into the public right-of-way, under the provisions of Section 2-803 as a Comprehensive Infill
Redevelopment Project and Section 3-1402 (C). Section 3-1402 provides that with the
exception of parking spaces for detached dwellings, no off-street parking spaces shall be
designed so that a vehicle is required to back into a public right-of-way.
The proposal will bring the site into compliance with Code in terms of number and
location of parking spaces and front and rear setbacks. The reduction in side (east and west)
setbacks from 10 to five feet will allow a greater front setback with additional landscaping and a
Mcd0502 8 05/21/02
more economically, viable project. The Building Code requires an 18-foot separation between
structures and the seawall. Adjustments may be reviewed by the Building Official.
The Mediterranean architecture of the buildings will include neutral-color (sand) stucco,
terra-cotta color barrel tile roof, and a significant number of windows and balconies on all
elevations. The trim and detail color will be terra cotta. The building will also be articulated
with the eastern-most units setback 25 feet farther to the north than the western-most units. This
will provide for greater interest and landscaping along Brightwater Drive.
The landscape plan exceeds the requirements of Code utilizing a variety of colorful
groundcovers (including lantana and Aztec grass), shrubs (including Indian hawthorn and
viburnum) and Sabal palms. The landscape plan also includes a variety of interesting specimen
plants including variegated ginger and Bird of Paradise.
The applicant will remove all signs. No new signs are proposed with this development.
Solid waste will be removed via black barrel service for each unit. All required Parks and
Recreation fees will be required to be paid prior to the issuance of any building permits. All
stormwater requirements have been met.
The Planning Department recommends approval of the Flexible Development
application for Flexible Development approval to permit attached dwellings within the Tourist
District with a reduction in the side (east and west) setbacks from 10 feet to five feet (to
building); reduction in the rear (north) setback from 10 feet to nine feet (to pool); and permit
parking that is designed to back into the public right-of-way, under the provisions of Section 2-
803 as a Comprehensive Infill Redevelopment Project and Section 3-1402 (C) for the site at 200
Bases for Approval
Brightwater Drive, with the following bases and conditions: : 1) The
proposal complies with the Flexible Development criteria as a Comprehensive Infill
Redevelopment Project per Section 2-804 B; 2) The proposal complies with the Flexible
Development criteria for docks per Section 3-601.C.3; 3) The proposal is in compliance with
other standards in the Code including the General Applicability Criteria per Section 3-913; and
4) The development is compatible with the surrounding area and will enhance other
Conditions of approval
redevelopment efforts; : 1) That the final design and color of the
building be consistent with the conceptual elevations submitted or as modified by the CDB; 2)
That any future dock meet Code requirements; 3) That all required Parks and Recreation fees
will be required to be paid prior to the issuance of any building permits; and 4) That all
applicable requirements of Chapter 39 of the Building Code be met related to seawall setbacks.
In response to a question, Housh Ghovaee, Representative, stated the current docks will
be removed and replaced with a new catwalk and docks, which will require permits and
adherence to State regulations. A public hearing will be necessary if the docks are larger than
500 square feet.
In response to a question, Planning Director Cyndi Tarapani said the project will be
credited for previous uses and pay Parks & Recreation fees for additional uses. In response to
a comment, Senior Planner Wayne Wells agreed the building to the west also has a 5-foot
setback.
Member Gildersleeve moved to approve the Flexible Development application for
Flexible Development approval to permit attached dwellings within the Tourist District with a
reduction in the side (east and west) setbacks from 10 feet to five feet (to building); reduction in
Mcd0502 9 05/21/02
the rear (north) setback from 10 feet to nine feet (to pool); and permit parking that is designed to
back into the public right-of-way, under the provisions of Section 2-803 as a Comprehensive
Infill Redevelopment Project and Section 3-1402 (C) for the site at 200 Brightwater Drive, with
Bases for Approval
the following bases and conditions: : 1) The proposal complies with the
Flexible Development criteria as a Comprehensive Infill Redevelopment Project per Section 2-
804 B; 2) The proposal complies with the Flexible Development criteria for docks per Section 3-
601.C.3; 3) The proposal is in compliance with other standards in the Code including the
General Applicability Criteria per Section 3-913; and 4) The development is compatible with the
Conditions of approval
surrounding area and will enhance other redevelopment efforts; : 1)
That the final design and color of the building be consistent with the conceptual elevations
submitted or as modified by the CDB; 2) That any future dock meet Code requirements; 3) That
all required Parks and Recreation fees will be required to be paid prior to the issuance of any
building permits; and 4) That all applicable requirements of Chapter 39 of the Building Code be
met related to seawall setbacks.
E. CONTINUED ITEMS: (Items 1-2):
1. Case: ANX 02-02-04 - 2301 Chautauqua Avenue (Proposed) Level Three Application-
continued item
Owner/Applicant: Lawrence H. Dimmitt, III & Larry H. Dimmitt, Jr.
Agent: Harry S. Cline Esquire
Location: 23.0 acres located on the east side of Chautauqua Avenue and west of
Lake Chautauqua, approximately 700 feet east of U. S. 19 North.
Atlas Pages: 233A & 244A.
Request:
Annexation of 23.0 acres to the City of Clearwater (Land Use Plan amendment and Rezoning
pending # LUZ 02-02-02.)
Presenter: Gina Clayton, Long Range Planning Manager.
This annexation involves four parcels of land consisting of Metes and Bounds 24/03,
24/04, 31/01 and Lot 4, Block 38, Unit No. 1 – Section A Chautauqua “On the Lake,” which are
located on the east side of Chautauqua Avenue, west of Lake Chautauqua, approximately 700
feet east of U.S. 19 North. These properties are approximately 23.0 acres in area and are
occupied by two single-family dwellings, tennis courts and other accessory structures. These
properties are contiguous with the existing City boundaries to the north and east, therefore, the
proposed annexation is consistent with Florida Statutes with regard to voluntary annexation.
A companion application to change the Future Land Use Plan category of this site from
Residential Suburban and Preservation to Residential Urban and Preservation, and to rezone it
from Rural Residential (R-R) to Low Medium Density Residential (LMDR) is being processed
concurrently with this annexation request in LUZ 02-02-03 (see agenda item C-3.)
Based on the above analysis, the Planning Department recommends approval of the
annexation of properties located at 2301 Chautauqua Avenue.
In response to a question, Long Range Planning Manager Gina Clayton stated the
applicant is aware the annexation will proceed, whether or not the Land Use Plan Amendment
and Rezoning requests in Item E2 are approved.
Member Hooper moved to approve the annexation of properties located at 2301
Mcd0502 10 05/21/02
motion carried
Chautauqua Avenue. The was duly seconded and unanimously.
2. Case: LUZ 02-02-03 – 2301 Chautauqua Avenue (Proposed) Level Three Application
Owner/Applicant: Lawrence H. Dimmitt, III & Larry H. Dimmitt, Jr.
Agent: Harry S. Cline, Esquire.
Location: 23.0 acres located on the east side of Chautauqua Avenue and west of Lake
Chautauqua Avenue, approximately 700 feet east of U. S. 19 North.
Atlas Pages: 233A & 244A.
Request:
(a) Land Use Plan amendment from RS, Residential Suburban & P, Preservation
(County) to RU, Residential Urban and P, Preservation (City) (Pending Case ANX 02-02-04);
and
(b) Rezoning from R-R, Rural Residential District (County) to LMDR, Low Medium
Density Residential & P, Preservation Districts (City) (Pending Case ANX 02-02-04).
Presenter: Gina Clayton, Long Range Planning Manager.
This Future Land Use Plan amendment and rezoning application is requested by the
applicants in order to allow residential development (attached townhouses) at 7.5 units per acre
on this vacant 23 acre site. The subject site is located on the east side of Chautauqua Avenue
and west of Lake Chautauqua, approximately 700 feet east of U.S. Highway 19 North. Two
single-family dwellings, tennis courts and other accessory structures occupy the site. Wetlands,
approximately 2.56 acres in area, are located adjacent to Lake Chautauqua and a pond is
located in the northeasterly portion of the site. This site is now in the County and is zoned Rural
Residential (R-R). The majority of the site has a Future Land Use Plan (FLUP) classification of
Residential Suburban (RS), which permits 2.5 dwelling units per acre and the most easterly
portion of the site has a designation of Preservation (P). A companion application to annex the
subject property into the City of Clearwater is being processed concurrently with this land use
plan amendment and rezoning ANX 02-02-04 (see Agenda Item C-2).
In accordance with the Countywide Plan Rules, the land use plan amendment is subject
to approval by the Pinellas Planning Council and Board of County Commissioners acting as the
Countywide Planning Authority. Due to the size of the plan amendment, review and approval by
the Department of Community Affairs is required.
The Planning Department recommends: Amend the Future Land Use Plan designations
of 2301 Chautauqua Avenue from Residential Suburban and Preservation to Residential Urban
and Preservation; and Amend the Zoning District designations of 2301 Chautauqua Avenue
from Rural Residential (R-R)/County to Low Medium Density Residential (MHDR) and
Preservation (P).
In response to a question, Ms. Clayton said the traffic study addresses impacts on US
19N. The project would require roads south of the site to be widened, at the developer’s
expense. The projected impact on US 19N would be less than 1%, which is considered
insignificant. In response to a question, Ms. Clayton said the project proposes to cluster
development away from stands of trees and sensitive environments. Multi-family housing has
less traffic impact than single-family residences. The applicants’ tree survey of the property,
which is not final, has identified a significant number of trees greater than 4 inches in diameter.
Mcd0502 11 05/21/02
Harry Cline, Representative, said the parcel cannot be developed with single-family
residences as 900-feet on the parcel’s west side is contiguous with a commercial use. He said
the proposed zoning is the lowest level of density the property owner can market.
Robert Pergolizzi, Representative, submitted his resume, indicating he is a Certified
Planner with relevant experience in land use/zoning, DRI traffic studies, roadway corridor
planning/alternative systems studies, traffic operation studies/designs, and access permits. He
testified that large lots on this site are not appropriate as no buffer exists with commercial uses.
He said zoning that allows 7.5-units per acre would serve as a transition between commercial
property and 2.5-unit per acre zoning. He displayed a map of US 19N, between Gulf-to-Bay
Boulevard and SR 580, and stated current zoning is an anomaly, when compared with other
properties near the highway. He supported the staff report on issues related to traffic impacts.
st
FDOT (Florida Department of Transportation) plans to channelize the median opening at 1
st
Avenue to allow southbound US 19N traffic to turn left at the intersection but block 1 Avenue
traffic from turning left onto US 19N and heading south.
Member Gildersleeve moved that Robert Pergolizzi is qualified as an expert witness for
motion carried
issues related to planning and transportation. The was duly seconded and
unanimously.
Mr. Cline stated six nearby residents have sent a volume of mail and e-mails objecting to
the request. He said the proposal will not expand retail or commercial uses onto the subject
property. The project will not develop land zoned for preservation. He said the low density
zoning designation next to a commercial property has not encouraged development. While
parking is a permitted use under Low Medium Density Residential zoning, he testified the
property owner would not use the site for that purpose and had withdrawn a related application
with the County. He said the proposed changes provide a good solution.
Six people spoke in opposition to the request, stating the development will harm the
neighborhood’s ambiance and create traffic pollution. It was felt the road provides an adequate
buffer from commercial uses.
Ms. Tarapani said a traffic study was required for the proposed project. In response to a
question, she indicated single-family residences produce more trips per unit than townhomes as
houses are larger and have more residents. In response to a question, Mr. Pergolizzi said the
site’s current zoning is rural residential, permitting 2.5 units per acre, each up to 45 feet in
height.
It was felt the site differs from other properties near US 19N as it backs up to Lake
Chautauqua. Mr. Cline said the City is not prepared to purchase the property for a park. It was
noted the CDB must approve the site plan and that related traffic issues will be resolved. It was
indicated the applicant could have requested significantly denser zoning. Concern was
expressed the area is unique and rural and should retain its single-family residence zoning. It
was stated neighborhood homeowners had purchased their properties based on the area’s rural
atmosphere. Concern was expressed the proposed density is too great and triples current
zoning limits.
Member Hooper moved to amend the Future Land Use Plan designations of 2301
Chautauqua Avenue from Residential Suburban and Preservation to Residential Urban and
motion
Preservation. The was duly seconded. Members Hooper, Doran, and Gildersleeve,
Mcd0502 12 05/21/02
and Alternate Member Milam voted “Aye”; Members Moran and Plisko and Vice-Chair Petersen
carried
voted “Nay.” Motion .
Member Hooper moved to amend the Zoning District designations of 2301 Chautauqua
Avenue from Rural Residential (R-R)/County to Low Medium Density Residential (MHDR) and
motion
Preservation (P). The was duly seconded. Members Hooper, Doran, and Gildersleeve,
and Alternate Member Milam voted “Aye”; Members Moran and Plisko and Vice-Chair Petersen
carried
voted “Nay.” Motion .
F. DIRECTOR'S ITEMS:
Ms. Tarapani suggested the July meeting be rescheduled.
Member Gildersleeve moved to reschedule the July 2002 CDB meeting to July 23, 2002.
motion carried
The was duly seconded and unanimously.
Ms. Tarapani reported at the June 18, 2002 meeting, sign litigation and the Island
Estates overlay district will be discussed.
G. ADJOURNMENT
The meeting adjourned at 3:35 p.m.
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