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12/17/2002 COMMUNITY DEVELOPMENT BOARD MEETING CITY OF CLEARWATER December 17, 2002 Present: Carlen A. Petersen Chair Ed Hooper Vice Chair David Gildersleeve Board Member Edward Mazur, Jr. Board Member Shirley Moran Board Member Alex Plisko Board Member John Doran Board Member Kathy Milam Alternate Board Member – voting/non-voting Also Present: Leslie Dougall-Sides Assistant City Attorney Cyndi Tarapani Planning Director Lisa Fierce Assistant 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 MEETINGS Member Mazur moved to approve the minutes of the regular meeting of November 19, motion 2002, as submitted in written summation to each board member. The was duly seconded. Members Hooper, Gildersleeve, Mazur, Moran, Plisko, Doran, and Chair Petersen carried voted “Aye.” Motion unanimously. Alternate Member Milam did not vote. B. REQUEST FOR CONTINUANCE - (Items 1-3) 1. Case: FLD2002-10035 – 300 Pinellas Street Applicant: Gerald Yates/Morton Plant Hospital Association, Inc. Owner: Morton Plant Hospital Association, Inc. Representative: Mr. John Powell/King Engineering Associates, Inc. Location: 59.6-acres generally located on the east and west sides of South Fort Harrison Avenue, between Jeffords Street to the north and Corbett Street to the south. Portions of the site are also located on the east side of South Fort Harrison Avenue between Grand Central to the north and “A” Street to the south (approximately 6.86 acres of the site is located within City of Belleair and not subject to this application). Atlas Pages: 295A, 295B, 305A and 305B. Zoning: I, Institutional District and IRT, Industrial, Research and Technology District. Request: Flexible Development application to revise a master site plan previously approved by the City Commission in 1995 and subsequently amended by the Community Development Board in January 2000 and October 2002, as part of a Comprehensive Infill Redevelopment Project including the following requests: 1) Reduction in front setback along Jeffords Street from 25 feet to 15 feet (to building)*; 2) Reduction in front setback along Jeffords Street from 25 feet mcd1202 1 12/17/02 to zero feet (to pavement)*; 3) Reduction in front setback along Pinellas Street from 25 feet to five feet (to pavement)*; 4) Reduction in front setback along Pinellas Street from 25 feet to 10 feet (to existing auxiliary shop)*; 5) Reduction in front setback along Pinellas Street from 25 feet to zero feet (to existing Powell Cancer Pavilion)*; 6) Reduction in front setback along Druid Road from 25 feet to five feet (to pavement)*; 7) Reduction in front setback along Reynolds Street from 25 feet to five feet (to pavement); 8) Reduction in front setback along Reynolds Street from 25 feet to 10 feet (to building); 9) Reduction in front (east) setback along South Fort Harrison Avenue from 25 feet to 10 feet (to pavement)*; 10) Reduction in front setback along Magnolia Street from 25 feet to five feet (to pavement)*; 11) Reduction in side (east and west) setback along the Pinellas Trail right-of-way from 25 feet to five feet (to pavement)*; 12) Reduction in side setback along all other sides from 25 feet to 15 feet*; 13) Increase in height of a parking garage from 50 feet to 59 feet*; 14) Increase in height of a medical clinic from 30 feet to 45 feet*; and 15) Increase in the height of a hospital building from 50 feet to a maximum of 103 feet*. (Note: * indicates previously approved site development standards as part of the original Master Plan and subsequent amendments by the Community Development Board.) Proposed Use: Changes to an approved Master Plan including improved stormwater facilities, the addition of property enlarging the campus, the replacement and/or enlargement of seven buildings and the addition of three parking garages. Presenter: Mark T. Parry, Planner. Member Gildersleeve moved to continue Item B1, Case FLD2002-10035 to January 21, motion 2002. The was duly seconded. Members Hooper, Gildersleeve, Mazur, Moran, Plisko, carried Doran, and Chair Petersen voted “Aye.” Motion unanimously. Alternate Member Milam did not vote. 2. Case: FLD2002-10036 – 900 North Osceola Avenue Applicant: Clearwater Bay Marina, LLC. Owner: Decade 80-XIV. Representative: Don Harrill. Location: 8.89-acres located on the east and west sides of Osceola Avenue, west of Fort Harrison Avenue, approximately 250 feet north of Seminole Street. Atlas Page: 277B. Zoning: D, Downtown District. Request: Flexible Development approval to increase the height of a building with attached dwellings, from 30 feet to 164 feet (as measured from base flood elevation), and a reduction in the required number of parking spaces from 107 spaces to 24 spaces, as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-903.C. Proposed Use: A mixed-use development of 146 attached condominium dwellings, eight attached, townhome dwellings, 120-slip marina (73-slip public use and 47-slip private use), and 7,500 square-foot nonresidential uses (restaurant, ship’s store and marina office). Presenter: Wayne Wells, Senior Planner. Member Mazur declared a conflict of interest. Member Hooper moved to continue Item B2, Case FLD2002-10036 to January 21, 2002. motion The was duly seconded. Members Hooper, Gildersleeve, Moran, Plisko, Doran, Chair carried Petersen, and Alternate Member Milam voted “Aye.” Member Mazur abstained. Motion unanimously. mcd1202 2 12/17/02 3. Case: ANX2002-10017 – 1740 Ragland Avenue Owner/Applicant: Charlotte Sue Sisk. Location: 0.15-acre located on the west side of Ragland Avenue, approximately 1,900 feet south of Sunset Point Road and 450 feet east of Belcher Road. Atlas Page: 263A. Request: Annexation of 0.15 acre to the City of Clearwater; a) Land Use Plan amendment from RL, Residential Low (County) to RL, Residential Low Classification (City of Clearwater); and b) Rezoning from R-3, Single Family Residential District (County) to LMDR, Low Medium Density Residential District (Clearwater). Proposed Use: Existing single-family dwelling. Presenter: Marc A. Mariano, Planner. Member Mazur moved to continue Item B3, Case ANX2002-10017 to January 21, 2003. motion The was duly seconded. Members Hooper, Gildersleeve, Mazur, Moran, Plisko, Doran, carried and Chair Petersen voted “Aye.” Motion unanimously. Alternate Member Milam did not vote. C. CONSENT AGENDA - (Items 1-7) 1. Case: FLD 02-04-09A – 1215 North Betty Lane Level Two Application Owner: Homeless Emergency Project, Inc. Applicant: Barbara Green. Location: 0.35 acre located on east side of North Betty Lane, across from Engman St. Atlas Page: 269B. Zoning: C, Commercial District. Request: Flexible Development application as a revision to a previously approved Comprehensive Infill Redevelopment Project (FLD 02-04-09) for a residential shelter in the Commercial District, with reductions in the front (west) setback along North Betty Lane from 25 feet to 15 feet (to stairwell) and from 25 feet to 23 feet (to building), reduction to the side (north) setback from 10 feet to four feet (to building) and a reduction to the rear (east) setback from 20 feet to eight feet (to stairway ramping), under the provisions of Section 2-704.B. Proposed Use: Residential shelter of eight units. Presenter: Wayne Wells, Senior Planner. The original application (FLD 02-04-09) included three sites (Sites A, B and C) processed under an “umbrella” use of Comprehensive Infill Redevelopment Project, as a means to review a “master plan” for development. Site B, at 1215 N. Betty Lane, is 0.35 acre (15,076 square feet) and has 110 feet of frontage along N. Betty Lane. It is zoned Commercial District and previously was developed with one building utilized for retail sales with five parking spaces. This site is proposed to be redeveloped with a two-story, eight-unit residential shelter of permanent supportive housing for homeless persons with disabilities. The former retail thrift store of 3,261 square feet and pavement has been recently demolished. The existing pavement for this building is at a zero-foot front setback along N. Betty Lane. The proposed residential building, featuring an exterior stucco finish and metal roof, will be constructed on a low-lying lot that must be elevated to meet FEMA requirements. The building’s first floor will be handicap accessible, which requires ramping on the east side from the parking lot. To meet Building Code, the second floor is required to have stairways on the mcd1202 3 12/17/02 east and west sides of the building. The building’s handicap ramping (unenclosed) meets the required 25-foot setback from the seawall (Stevenson Creek wetlands), but encroaches into the required 20-foot rear setback by 12 feet (prior approval under FLD 02-04-09 approved a 10-foot encroachment). To meet the handicap ramping and Building Code requirement for two stairwells, the building has been pushed forward toward N. Betty Lane. The unenclosed, western stairwell encroaches into the 25-foot required front setback by 10 feet, and the building encroaches into that setback by two feet (previously approved under FLD 02-04-09). Abutting property to the south may be acquired to provide a similar residential shelter in the future. The applicant proposes to locate the proposed building and parking area north six feet, creating a reduction of the side (north) setback from 10 feet to 4 feet. This proposed relocation of the building also reduces the previously approved rear (east) setback from 10 feet to 8 feet (20 feet required) to the handicap ramping due to the angle of the east property line. Stevenson Creek is north of the site. The applicant is providing eight parking spaces, where only four spaces are required. On-site drainage facilities are planned on the property’s west, south and east sides. No freestanding signage is proposed. Development of this residential building, parking area and landscape improvements will enhance the appearance of this site and surrounding area. Solid waste generated by all of the H.E.P. facilities will be hauled by one of the H.E.P. trucks to the Pinellas County Solid Waste facilities for disposal. Should a dumpster be necessary in the future, its location, design and construction will be required to meet Code. The application and supporting materials were reviewed by the Development Review Committee on November 14, 2002. The Planning Department recommends approval of the Flexible Development application as a revision to a previously approved Comprehensive Infill Redevelopment Project (FLD 02-04-09) for a residential shelter in the Commercial District, with reductions in the front (west) setback along North Betty Lane from 25 feet to 15 feet (to stairwell) and from 25 feet to 23 feet (to building), reduction to the side (north) setback from 10 feet to four feet (to building), and a reduction to the rear (east) setback from 20 feet to eight feet (to stairway ramping), under the provisions of Section 2-704.B., for the site generally located at Bases for Approval 1215 North Betty Lane, with the following bases and conditions: : 1) The proposal complies with the Flexible Development criteria as a Comprehensive Infill Redevelopment Project per Section 2-704.B; 2) The proposal is in compliance with other standards in the Code including the General Applicability Criteria per Section 3-913; and 3) The development is compatible with the surrounding area and will enhance other redevelopment Conditions of Approval efforts. : 1) That any change in ownership on Site A (retail thrift store) be evaluated for complementary operational characteristics and parking demand, and may require approval by CDB (Community Development Board)*; 2) That the landscape plan for Site C be amended to include a hedge along the north and east sides of the parking lot in the northeast corner of the property, to the satisfaction of Staff, prior to the issuance of any permits for Site C improvements*; 3) That any existing or future dumpsters on either Sites A, B or C be located, designed, properly enclosed and constructed in accordance with City standards*; 4) That the color of proposed buildings be consistent with existing buildings and be approved by City staff prior to the issuance of building permits for those buildings*; 5) That all signage meet Code, including the removal/redesign of any existing nonconforming signs, through building permits prior to the issuance of a certificate of occupancy for the applicable site*; and 6) That any change to this site, due to the proposed development of the property to the south, be included in any application for that parcel. (Note: * indicates conditions previously imposed under Case FLD 02-04-09.) mcd1202 4 12/17/02 Member Gildersleeve declared a conflict of interest. Member Mazur moved to approve Consent Agenda Item C1, Case FLD 02-04-09A with motion 6 conditions as listed. The was duly seconded. Members Hooper, Mazur, Moran, Plisko, Doran, Chair Petersen, and Alternate Member Milam voted “Aye.” Member Gildersleeve carried abstained. Motion unanimously. 2. Case: FLD2002-10034 – 849 Harbor Island Level Two Application Owner/Applicant: Peter Hunt. Location: 0.26-acre located on the east side of Harbor Island, approximately 500 feet from the terminus of Harbor Island. Atlas Page: 249B. Zoning: LMDR/IENCOD, Low Medium Density Residential District/Island Estates Neighborhood Conservation Overlay District. Request: Flexible Development approval to terminate the status of a nonconforming structure to permit an existing 18.5-foot rear/waterfront (east) setback (to building) where a 25-foot setback is required, under the provisions of Section 6-109. Proposed Use: Existing detached dwelling with an 18.5-foot rear setback to building. Presenter: Wayne Wells, Senior Planner. The 0.26-acre site, on the east side of Harbor Island, is approximately 2,700 feet north of Harbor Passage. It is located within a neighborhood dominated by single-family dwellings. The site was developed in 1980 with a single-family dwelling. A two-story addition to the rear of the house was constructed in 1998 at an 18.5-foot rear/waterfront setback, where a 25-foot setback was required. The project included major renovation of the rear portion of the existing house and the addition of the two-story portion, which included a portion over the existing house. The permit was issued in error. The structure has been deemed nonconforming by the Planning Department. The Code requires, under the provisions of Section 6-102.F., that, “in the event a nonconforming structure is destroyed or damaged to 50 percent or more of the assessed value, the structure may be repaired or restored only if the structure and the use conforms to the standards of the development code for the zoning district in which it is located.” The applicant has applied for Termination of Status as a Nonconformity to allow reconstruction at the existing 18.5 rear/waterfront setback in the future event the structure is damaged or destroyed to 50 percent or more of its assessed value. The addition was designed and constructed with steel rods augered to a depth of 30 feet (bedrock) and anchored for improved structural support. In the event of damage or destruction, replacement construction would be required to meet the 25-foot setback. If this 25-foot setback was enforced, it would not allow for the full utilization of the in-place structural improvements. A review of Development Orders issued in the immediate area (Harbor Island) has identified that two previous Development Orders have been granted for reduced rear/waterfront setbacks. On May 26, 2000, a Development Order (FLS 00-03-18) was issued to reduce the rear/waterfront setback from 25 feet to 21 feet, for an addition to a single-family dwelling at 860 Harbor Island for Arthur and Jeanne Abbo. On August 9, 2001, a Development Order (FLS 01- 05-37) was issued to reduce the rear/waterfront setback from 25 feet to 18 feet, for a 1,104 square foot swimming pool at 673 Harbor Island for Mr. and Mrs. Ed Capone. mcd1202 5 12/17/02 The Development Review Committee reviewed the application and supporting materials on November 14, 2002. The Planning Department recommends approval for a Termination of the Status of a Nonconforming Structure to permit an 18.5 feet rear/waterfront setback where a 25 feet setback is required within the Low Medium Density Residential District under the Bases for provisions of Section 6-109.C for the site at 849 Harbor Island, with the following Approval : 1) The proposal complies with the Flexible Development criteria to terminate the status of a nonconforming structure per Section 6-109.C; 2) The proposal is in compliance with other standards in the Code, including the General Applicability Criteria per Section 3-913; and 3) The development is compatible with the surrounding area. AND 3. Case: FLD2002-09027 – 2645 Sunset Point Road Level Two Application Owner/Applicant: Richard & Mindy Bacon. Location: 0.447-acre located on the southwest corner of Sunset Point Road and Harbor Circle. Atlas Page: 255A. Zoning: O, Office District. Request: Flexible Development approval to permit retail sales and animal grooming as a primary uses within an existing building, permit retail sales in excess of the maximum 10 percent of the building floor area, permit direct access to a major arterial street (Sunset Point Road), permit back-out into the right-of-way of Harbor Circle, with a reduction of the front (north) setback along Sunset Point Road, from 25 feet to 20 feet (to existing building), a reduction of the front (north and south) setbacks along Sunset Point Road and Harbor Circle from 25 feet to zero feet (to existing pavement), a reduction of the front (south) setback along Harbor Circle from 25 feet to seven feet (to existing building), a reduction of the side (west) setback from 20 feet to eight feet (to existing building) and a reduction in the required number of parking spaces from 17 spaces to 11 spaces, as part of a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-1004. Proposed Use: An existing multi-tenant building with retail sales and animal grooming uses. Presenter: Wayne Wells, Senior Planner. The rectangular 0.447-acre site is located at the southwest corner of Sunset Point Road and Harbor Circle, approximately 500 feet east of US Highway 19 N. The site presently is developed commercially with two separate structures. An architectural and engineering office is located in the two-story, 2,641 square-foot western building, and a florist and animal grooming businesses in the one-story, 1,850 square-foot eastern building. The site is developed with a total of 14 parking spaces including: an eight-space paved parking area between the two buildings (with a driveway on Sunset Point Road), three covered employee parking spaces near the western building (which back into the rights-of-way of Harbor Circle), and a shell area containing three parking spaces on the east side of the site (partially located within, and backing into, the rights-of-way of Harbor Circle). The surrounding area is zoned and developed for nonresidential uses. The applicant is requesting certain deviations from the Land Use Code to permit existing and long-term tenants (florist shop and animal grooming) to remain. The florist and animal grooming businesses have operated at their present locations from 1981 and 1992, respectively. Neither of these businesses, however, has operated with an occupational license. Deviations requested include setbacks, parking requirements and flexibility criteria. The request is being processed and reviewed as a Comprehensive Infill Redevelopment Project, because mcd1202 6 12/17/02 the site cannot be developed for retail sales and animal grooming without deviations from the development standards and the Flexible Development criteria. The proposal includes reducing the front (north, east and south) setbacks along Sunset Point Road and Harbor Circle, as well as from the side (west) setback, to existing buildings and pavement. The western building was constructed in 1980 and the eastern building was constructed in 1954. This property was annexed into the City in 1989. The applicant is not seeking to develop or redevelop the site, but to maintain the existing site improvements and tenants. Current Code restricts retail sales uses and animal grooming to secondary uses within an office building under the Office District, as well as restricting retail sales to no more than 10 percent of the building floor area. The eastern building is occupied primarily by a florist and animal grooming business, making them primary uses. The florist occupies approximately 1,350 square feet (73 percent of the building floor area), while the animal grooming occupies approximately 500 square feet (27 percent of the building floor area). The Flexible Development criteria for retail sales do not allow direct access to a major arterial street (Sunset Point Road). The site is developed with a paved parking area of eight spaces between the two buildings, with a driveway on Sunset Point Road. The site also is developed with three, covered, employee parking spaces near the western building that back out into the right-of-way of Harbor Circle. Code does not permit parking to back out into rights- of-way, except for single-family dwellings. Due to these existing, developed access and parking circumstances, the applicant is requesting to permit these existing conditions to remain. The applicant has agreed to remove a shell parking area on the east side of the property that backs out into Harbor Circle. Safety concerns have been raised by the City regarding this parking area, since a portion of the spaces are physically within the Harbor Circle right-of-way and they are unpaved. The site is functional with the paved parking that exists and staff is unaware of any accidents or parking violations that have occurred. The applicant is requesting a reduction of required parking from 14 to 11 parking spaces. The addition of parking would cause damage to the septic system drain field for the eastern building and would require the removal of existing mature trees and the relocation of utilities. The handicap parking space will be upgraded to current Code requirements. Adequate off- street parking is available for the existing tenants, even with the removal of the shell parking on the eastern side of the property. The florist shop derives most of its business from telephone and on-line orders, where the customer will come in later to pick up the flowers. There is only one employee of the florist. While calculated as part of the florist’s area, a portion of the floor area is devoted to the storage of Verizon Americast computer equipment. There are no on-site employees for Verizon, and technicians visit the site for maintenance of the equipment approximately once a month. The animal grooming business is owned and operated by the veterinary office across Harbor Circle to the east. This business is operated as an ancillary service to the veterinary office. All appointments are made, and pets are dropped off and picked up, at the veterinary office. All employees and customers of the animal grooming business will continue to park on the veterinary office property to the east of the subject property. The driveway on the south side of the property that runs between the two buildings should be posted with appropriate signage to indicate this drive is an exit only (on Harbor Circle). mcd1202 7 12/17/02 The florist operates Monday through Friday between 10:00 a.m. and 5:00 p.m., or by appointment. The animal grooming business operates Monday through Saturday between 7:00 a.m. and 12:00 noon. All businesses on the property utilize black barrels for trash disposal. A Unity of Title will need to be recorded tying both lots together as one lot. The applicant is proposing to remove all existing, nonconforming signage on the eastern building (2645 Sunset Point Road), specifically signage related to the animal grooming business. At a later date, the property owners will submit a Comprehensive Sign Program to provide signage for the existing businesses. The applicant is proposing to improve the landscaping of the property, especially along the Sunset Point Road area, where the traveling public would benefit from such enhancement. Much of the properties to the west, south and east are within the unincorporated County and lack landscaping. The improvements proposed by the applicant will enhance the appearance of the Sunset Point Road corridor and may influence additional beautification efforts within the vicinity. The application and supporting materials were reviewed by the Development Review Committee on October 10, and November 14, 2002. The Planning Department recommends approval of the Flexible Development approval to permit retail sales and animal grooming for existing tenants, to allow the primary use in the building to be retail sales and animal grooming, allow retail sales in excess of the maximum 10 percent of the building floor area, allow direct access to a major arterial street and allow parking backing out into the right-of-way of Harbor Circle, with a reduction of the front (north) setback from 25 feet to 20.46 feet (to existing building), a reduction of the front (north and south) setback from 25 feet to zero feet (to existing pavement), a reduction of the front (south) setback from 25 feet to 7.53 feet (to existing building), a reduction of the side (west) setback from 20 feet to eight feet (to existing building) and a reduction in parking from 17 spaces to 11 spaces (existing), as part of a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-1004.B, for the site at 2641 and Bases for Approval 2645 Sunset Point Road, with the following bases and conditions: : 1) The proposal complies with the Flexible Development criteria as a Comprehensive Infill Redevelopment Project per Section 2-1004.B; 2) The proposal is in compliance with other standards in the Code including the General Applicability Criteria per Section 3-913; and 3) The development is compatible with the surrounding area and will enhance other similar Conditions of Approval improvement efforts. : 1) That the florist and animal grooming businesses obtain City occupational licenses within 30 days of the Community Development Board approval; 2) That any change in tenant occupancy, use or mix in the eastern building (2645 Sunset Point Road) be evaluated for compatible operational characteristics and parking demands and may require approval by the Community Development Board; 3) That a Unity of Title be recorded tying the two lots together as one lot within 30 days of the CDB approval (January 17, 2003); 4) That a parking lot restriping and landscaping permit be obtained to the satisfaction of the Traffic Engineering Department, with an inspection within six months (June 17, 2003); and 5) That all existing (external) nonconforming signage on the 2645 Sunset Point Road building be removed within 60 days of CDB approval (February 17, 2003). AND mcd1202 8 12/17/02 4. Case: FLD2002-08022 – 419 East Shore Drive Level Two Application Owner: Michael Preston. Applicant: Michael Preston/Frenchy’s Seafood. Representative: Darlene Ress/Ress Marine. Location: 0.45-acre located on the east side of East Shore Drive, approximately 450 feet north of Pier 60 Drive. Atlas Page: 267A. Zoning: T, Tourist District. Request: Flexible Development for the addition of a 480 square foot dock extension to a 3,114 square foot commercial dock with a reduction in the side (south) setback from 7.5 feet to three feet (existing), an increase in length from 56.34 feet to 260 feet and an increase in width from 56.34 feet to 60 feet under the provisions of Section 3-601. Proposed Use: The addition of two, 240 square foot dock extensions (480 square feet total) each 40 feet in length with a total eight slips, to an existing 3,114 square foot commercial dock, 220 feet in length with 10 slips, as accessory to an existing retail sales and service establishment. Presenter: Mark T. Parry, Planner. The site was the subject of a Conditional Use application approved by the Planning and Zoning Board on January 7, 1997 (Case CU 97-01). That application included a request to permit marina facilities within the Commercial Beach District (CB) currently zoned Tourist District. The application specifically included a request of the use of the site to include four dive boats to operate as a rental and charter business. A second Conditional Use request was reviewed by the Planning and Zoning Board on May 20, 1997 to permit a dock expansion. The request was approved with the condition that use of the additional dock area be for the exclusive use of transient boats with no slip rentals and no additional commercial activities. The 0.32-acre site, on the east side of East Shore Drive, approximately 450 feet north of Pier 60 Drive, is located along a highly developed area within Clearwater beach and has frontage along Clearwater Harbor. The site is located within the “Marina District” of Beach by Design, which encourages the development of properties with marina components. The site currently is developed with two, one-story buildings. The site also contains a 3,114 square-foot dock that is centrally located on the east side of the site. The existing dock will remain with this proposal and can accommodate eight to 10 boats. Section 3-601.C.3 of the Code requires commercial docks be approved as part of a Level Two, Flexible Development review. The applicant seeks to construct two, 240 square-foot dock extensions, which will accommodate eight additional boats. The dock is currently three feet from the north property line and four feet from the south property line. There will be a total of 18 slips with this proposal. The dock currently operates as an accessory use to the restaurant on the site, providing dock space for patrons of any of three Frenchy’s establishments on the beach and for fishing boats operated by Frenchy’s. The proposed expansion will be used for the same purpose. The dock will be operated between 11:00 a.m. and 10:00 p.m. There are currently seven employees on the site at any given time, and no additional employees are proposed with this application. The existing dock and proposed dock extension will not be permitted to be sub-leased, rented or otherwise used for any additional commercial purposes. mcd1202 9 12/17/02 The increase in the length and width of the dock and decrease in the side (north) setback will provide for a more viable project, allowing additional patrons to utilize the dock as an alternative to the automobile. A boat ramp on the site is not provided, eliminating any parking needs of patrons utilizing the site to launch boats. Boats will utilize the center of the dock for mooring, eliminating the need to transverse neighboring properties. All other Code requirements will be met. The Harbormaster and Environmental Manager have reviewed this application. The proposed dock will be 260 feet in length, or 346% of the width of the property at the waterfront property line. The waterway is 1,410 feet in width, and the proposed dock extension will not constitute a navigational hazard. The dock will be located and constructed in such a manner as to reduce or nearly eliminate any negative impacts upon the natural marine habitat. No portion of the dock extension will be located over any sea grass areas. Water depths shown are too deep to typically support sea grasses and also are sufficiently deep to preclude damage to any bottom communities from additional boat traffic. The project will not result in any negative impacts to the natural environment. Prior to the issuance of building permits for the docks, the applicant will need to provide proof of compliance with National Fire Protection Association (NFPA) standards for “marinas and boatyards” for the construction and operation of the docking facilities to provide fire protection of boats moored in the slips. Floating and dock supported signage will need to be installed permanently, warning boaters of the existence of protected sea grasses and manatees in the vicinity. A Water Navigation Permit and a Department of Environmental Protection permit will be required to be approved by Pinellas County and the State prior to the issuance of building permits. In addition, the Harbormaster will require that a site plan indicating lighting on the end of dock to enhance navigation safety be submitted and approved by Staff, prior to the issuance of any permits. The Development Review Committee reviewed the application and supporting materials on October 10, 2002. The Planning Department recommends approval of the Flexible Development application for the addition of a 480 square foot dock extension to a 3,114 square foot commercial dock with a reduction in the side (south) setback from 7.5 feet to three feet (existing), an increase in length from 56.34 feet to 260 feet and an increase in width from 56.34 feet to 60 feet under the provisions of Section 3-601 for the site at 419 East Shore Drive, with Bases for Approval the following bases and conditions: : 1) The proposal complies with the Flexible Development criteria for docks per Section 3-601.C.3; 2) The proposal is in compliance with other standards in the Code including the General Applicability Criteria per Section 3-913; 3) The development is compatible with the surrounding area and will enhance other redevelopment efforts; and 4) The development is located within the Marina District of Beach by Conditions of Design, which encourages the development of properties with marina concepts. Approval : 1) That Pinellas County Water Navigation, FDEP (Florida Department of Environmental Protection), USACE (U.S. Army Corps of Engineers), and SWFWMD (Southwest Florida Water Management District) permits be approved, prior to the issuance of building permits; 2) That a site plan indicating lighting on the end of dock to enhance navigation safety be submitted to and approved by Staff prior to the issuance of any permits; 3) That the National Fire Protection Association (NFPA) 303 standards for "marinas and boatyards" be met to the satisfaction of the Fire Department, prior to the issuance of building permits; 4) That boats moored at these docks be for the exclusive use by patrons of the three Frenchy’s establishments, and that there be no commercial activities at the docks (bait sales, vending, etc.), and that they not be permitted to be subleased; and 5) That floating and dock-supported mcd1202 10 12/17/02 signage be permanently installed containing wording warning boaters of the existence of protected sea grasses and manatees in the vicinity. AND 5. Case: FLD2002-10037 – 107 Hampton Road Level Two Application (formerly advertised as 7 Hampton Road) Owners: Neil Keifer and James Burns. Applicants: Neil Keifer/Brandon Realty Venture, Inc. and James Burns, President/Limited Properties Inc. Representative: Jayson Kmiec/Avid Engineering, Inc. Location: 3.06 acres including parcels A and B located on the east side of Hampton Road, approximately 300 feet north of Gulf to Bay Boulevard. Atlas Page: 291B. Zoning: O, Office District. Request: Parcel A (2.62 acres): Flexible Development approval to reduce the rear (east) setback from 20 feet to 10 feet (to dumpster enclosure), reduce the side (north and south) setbacks from 20 feet to 10 feet (to pavement) and reduce the front (west) setback along Hampton Road from 25 feet to 15 feet (to pavement), under the provisions of Section 2-1004. Parcel B (0.44 acre): Flexible Development approval to permit an off-street parking facility within the Office District with landscaping on the internal side of a wall and with lighting that automatically turns off after 9:00 p.m. (as required under the provisions of Section 2-1003.G) and a reduction in the side (south) setback from 10 feet to five feet, as part of a Comprehensive Infill Redevelopment Project under the provisions of Section 2-1004.B. Proposed Use: The application includes (Parcel A) a 30,000 square foot office building and (Parcel B) a 36-space off-street parking lot. Presenter: Mark T. Parry, Planner. The 3.06-acre site, consisting of two parcels, Parcel A and B, is located on the east side of Hampton Road approximately 300 feet north of Gulf to Bay Boulevard. The portion of the site designated as Parcel A is vacant and is located within transitional area marking the boundary between single-family dwellings to the east and multi-family and office uses to the west. Parcel B currently is not incorporated into the City of Clearwater and will be required to be annexed into the City prior to the issuance of any permits. The site is located 250 feet north of an intensely developed portion of Gulf to Bay Boulevard. The portion of the site designated as Parcel B is adjacent to the south side of Parcel A. A City-owned retention pond is located to the east of Parcel B and to the south of Parcel A. The site was the subject of a land use amendment and annexation (cases LUZ 02-02-02 and ANX 02-02-02) approved by the City Commission at a second reading on June 6, 2002. The land use changed from Residential Urban (RU) to Residential/Office Limited (R/OL), and the site was rezoned to Office District. The legal description for one of the parcels, however, was not accurate. The City will reschedule the annexation and land use plan amendment case for the January 21, 2003 Community Development Board meeting. For Parcel A, the applicant seeks to reduce the rear (east) setback from 20 feet to 10 feet (to dumpster enclosure), reduce the side (north and south) setback from 20 feet to 10 feet (to pavement), reduce the front (west) setback along Hampton Road from 25 feet to 15 feet (to pavement) under the provisions of Section 2-1004. Offices under the Flexible Standard Development provisions are permitted to be up to 50 feet in height and may have front setbacks mcd1202 11 12/17/02 reduced to 15 feet (for parking only) and may have side setbacks reduced to 10 feet. The request for a rear (east) setback reduction to 10 feet requires that this application be reviewed as part of a Level Two, Flexible Development. The application includes a 30,000 square foot office building, 30 feet in height, to be used as the Hooter’s restaurant headquarters. The proposed building will be located a minimum of 60 feet from any property line. All setback reductions are to pavement with the exception of the reduction to the dumpster enclosure. Surface parking will be provided and will include 134 spaces that exceed Code requirements of 90 spaces. Access to the site is proposed along Hampton Road at two- way, entrance/exit. A secondary access point will be located at the southeast corner of the site via a 36-space, overflow parking lot. This lot is associated with the Hooter’s restaurant located farther to the south. A sidewalk, four-feet in width, will be provided along Hampton Road. Stormwater, Fire and Solid Waste Code requirements are generally met with this proposal. The site plan will require some minor modifications in order to meet all the requirements of Code. These include showing all required sight triangles, an improved connection to the existing Hooter’s restaurant parking lot, provision of a loading space and a note reflecting that all unused drive aprons be removed. This will be required to be submitted to Staff prior to the issuance of any building permits. In addition, prior to the issuance of a building permit, a Tree Preservation Plan, prepared by a Certified Arborist must be submitted to and approved by Staff. This is for all required tree permits. Additionally, fees that must be paid prior to the issuance of any building permits include Parks and Recreation Department. The architecture of the building will include neutral-color stucco panels within a natural brick facade, a dark-green standing seam metal roof over the main entrance, and a significant number of windows on all elevations. The landscape plan exceeds the requirements of Code. This includes a mixture of various trees, shrubs, palms and annuals. A solid, masonry wall with a stucco finish to match the building, will be located along the rear (east) property line. It will serve as a buffer for the residential properties adjacent to the site. The wall will be six feet in height. The applicant has not submitted a sign package with this proposal. All signage will be required to meet the requirements of Code and be designed according to a common theme including similar style, color, material and other characteristics to provide a sense of uniformity. For Parcel B, the proposal includes the development of an off-street parking lot within the Office District. It will serve as overflow parking for the proposed office building (Parcel A) and for the two restaurants (Hooter’s and Pete and Shorty’s) to the south. The site will be gated at the north end when the office is closed preventing the parking of restaurant patrons on the office site. Off-street parking lots in the Office District are permitted as a Level One, Flexible Standard Development application reviewed at an administrative level provided that four required criteria are met. Two criteria that are not met with this application include off-street parking spaces shall be screened from residentially zoned or used properties by a wall or fence at least four feet in height which is landscaped on the external side with a continuous hedge or non-deciduous vine and all outdoor lighting shall be automatically switched to turn off at 9:00 p.m. The site has no direct access to a street and too small and inconveniently located to reasonably accommodate most uses permitted in the Office District. The proposed 36-space parking lot includes a brick wall, six-feet in height, located directly along the east property line to mcd1202 12 12/17/02 match the placement and appearance of the wall proposed along the east property line of the office building site to the north. In order to provide a continuous, cohesive appearance across Parcels A and B, the proposed wall will not include landscaping along its exterior. Landscaping will be provided on the internal side of the wall across both sites. The lot will be used for overflow parking for the office during the day and for overflow parking for the restaurant to the south during the evening. For safety reasons, lighting will be provided during evening hours beyond 9:00 p.m. Lighting should be designed so as not to spill or transgress onto adjacent residential properties. A lighting plan will be required prior to the issuance of any permits. The only option available to the applicant to deviate from these two criteria is to include the parking lot as part of a Comprehensive Infill Redevelopment Project. The Development Review Committee reviewed the application and supporting materials on November 14, 2002. The Planning Department recommends approval: 1) Parcel A (2.62 acres): Flexible Development approval to reduce the rear (east) setback from 20 feet to 10 feet (to dumpster enclosure), reduce the side (north and south) setbacks from 20 feet to 10 feet (to pavement) and reduce the front (west) setback along Hampton Road from 25 feet to 15 feet (to pavement), under the provisions of Section 2-1004 and b) Parcel B (0.44 acre): Flexible Development approval to permit an off-street parking facility within the Office District with landscaping on the internal side of a wall and with lighting that automatically turns off after 9:00 p.m. (as required under the provisions of Section 2-1003.G) and a reduction in the side (south) setback from 10 feet to five feet, as part of a Comprehensive Infill Redevelopment Project under the provisions of Section 2-1004.B. for the site at 7 Hampton Road, with the following bases and Bases for Approval conditions: : 1) The proposal complies with the Flexible Development criteria as a Comprehensive Infill Redevelopment Project per Section 2-1004.B. (Parcel B); 2) The proposal complies with the Flexible Development criteria as an Office per Section 2-1004.F. (Parcel A); 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 surrounding area and will enhance other redevelopment efforts. : 1) That the annexation and Land Use Plan amendments be finalized prior to Certificate of Occupancy; 2) That a site plan be submitted to and approved by Staff, prior to the issuance of any permits, which shows all required sight triangles, an improved connection to the existing Hooter’s Restaurant parking lot, a loading space and a note stating that all unused drive aprons will be removed; 3) That the final design of the buildings be consistent with the conceptual elevations submitted or as modified by the CDB; 4) That all signage meet the requirements of Code and be designed according to a common theme including similar style, color, material and other characteristics to provide a sense of uniformity; 5) That a Tree Preservation Plan prepared by a Certified Arborist be submitted to and approved by Staff, prior to the issuance of any permits; 6) That all required tree permits be approved by Staff, prior to the issuance of any permits; 7) That all required Parks and Recreation Department fees be paid prior to the issuance of any building permits; and 8) That a lighting plan be submitted to and approved by Staff, prior to the issuance of any permits. AND mcd1202 13 12/17/02 6. Case: ANX2002-10018 – 1925 Ashland Drive Level Three Application Owner/Applicant: Janet Ergang. Location: 0.19-acre located on the south side of Ashland Drive, approximately 900 feet west of Hercules Avenue and 550 feet north of Union Street. Atlas Page: 242A. Request: a) Annexation of 0.19 acre to the City of Clearwater; b) Land Use Plan amendment from RL, Residential Low (County) to RL, Residential Low Classification (City of Clearwater); and c) Rezoning from R-3, Single Family Residential District (County) to LMDR, Low Medium Density Residential District (Clearwater). Proposed Use: Existing single-family dwelling. Presenter: Marc A. Mariano, Planner. The subject property is located at 1925 Ashland Drive, on the south side, approximately 900 feet west of Hercules Avenue and 550 feet north of Union Street. The applicant is requesting this annexation in order to receive City sewer service. The property is contiguous with the existing City boundaries to the north, south, east and west; therefore, the proposed annexation is consistent with Florida Statutes with regard to voluntary annexation. The subject site is approximately 0.19 acre in area and is occupied by an existing single-family detached dwelling. It is proposed that the properties have a Future Land Use Plan designation of Residential Low (RL) and a zoning category of LMDR, Low Medium Density Residential. The proposed annexation can be served by City of Clearwater services, including sanitary sewer, solid waste, police, fire and emergency medical services without any adverse effect on the service level. The applicant has paid the required sanitary sewer impact fee and assessment fee and is also aware of the additional cost to connect the property to the City sewer system. The proposed annexation and existing use are consistent with both the City’s Comprehensive Plan and the Countywide Plan both with regard to the Future Land Use Map as well as goals and policies. The existing and future use of this site as a single-family home is consistent with the LMDR zoning district. Finally, the proposed annexation is consistent with Florida law regarding municipal annexation through its adjacency with existing City boundaries and is compact in concentration. Based on analysis, the Planning Department recommends approval: 1) annexation of the property located at 1925 Ashland Drive; 2) Residential Low (RL) category pursuant to the City’s Comprehensive Plan; and 3) LMDR, Low Medium Density Residential zoning district pursuant to the City’s Community Development Code. AND mcd1202 14 12/17/02 7. Case: ANX2002-10016 – 2400 Varsity Drive Level Three Application Owner/Applicant: George A. Hunt III. Representative: Gerald A. Figurski, Esquire. Location: 7.15-acres located on the south side of Varsity Drive, approximately 2,000 feet north of Drew Street and 1,000 feet west of Old Coachman Road. Atlas Page: 281B. Request: a) Annexation of 7.15 acres to the City of Clearwater; b) Land Use Plan amendment from RU, Residential Urban (County) to RU, Residential Urban Classification (City of Clearwater); and c) Rezoning from A-E, Agricultural Estate Residential District (County) to LMDR, Low Medium Density Residential District (Clearwater). Proposed Use: Future single-family subdivision. Presenter: Marc A. Mariano, Planner. The subject property is approximately 7.15 acres in area and is located at 2400 Varsity Drive, on the north side, approximately 2,000 feet north of Drew Street and 1,000 feet west of Old Coachman Road. The applicant is requesting this annexation in order to receive City sewer and water service so the property can be redeveloped with a single-family residential subdivision. A tree nursery currently occupies this site. The property is contiguous with the existing City boundaries to the north, south, east and west; therefore, the proposed annexation is consistent with Florida Statutes with regard to voluntary annexation. It is proposed that the properties have a Future Land Use Plan designation of Residential Urban (RU) and a zoning category of LMDR, Low Medium Density Residential. The proposed annexation can be served by City of Clearwater services, including sanitary sewer, water, solid waste, police, fire and emergency medical services without any adverse effect on the service level. The applicant has been informed of any additional cost to connect the property to the City’s sewer and water service. The proposed annexation and existing use are consistent with both the City’s Comprehensive Plan and the Countywide Plan both with regard to the Future Land Use Map as well as goals and policies. The existing and proposed use of this site as a single-family residential subdivision is consistent with the LMDR zoning district. Finally, the proposed annexation is consistent with Florida law regarding municipal annexation through its adjacency with existing City boundaries and is compact in concentration. Based on analysis, the Planning Department recommends approval: 1) annexation of the property located at 2400 Varsity Drive; 2) Residential Urban (RU) category pursuant to the City’s Comprehensive Plan; and 3) LMDR, Low Medium Density Residential zoning district pursuant to the City’s Community Development Code. Member Hooper moved to approve Consent Agenda Item B2 - Case FLD2002-10034, Item B3 – Case FLD2002-09027 with 5 conditions as listed, Item B4 - Case FLD2002-08022 with 5 conditions as listed, and Item B5 - Case FLD2002-10037 with 8 conditions as listed, and recommend approval of Consent Agenda Item B6, Case ANX2002-10018 and Item B7, Case motion ANX2002-10016. The was duly seconded. Members Gildersleeve, Mazur, Moran, carried Plisko, Hooper, and Doran, and Chair Petersen voted “Aye.” Motion unanimously. Alternate Member Milam did not vote. mcd1202 15 12/17/02 E. DIRECTOR'S ITEMS: 1. Expert Witness List Assistant Planning Director Lisa Fierce reviewed 11 new names and their areas of expertise on the City’s Expert Witness List. Member Doran moved to accept the Expert Witness List presented to the CDB. The motion was duly seconded. Members Gildersleeve, Mazur, Moran, Plisko, Hooper, and Doran, carried and Chair Petersen voted “Aye.” Motion unanimously. Alternate Member Milam did not vote. Miscellaneous Ms. Fierce said the 2003 CDB meeting schedule and 2003 parking passes will be included with the January 21, 2003 meeting packet. Ms. Fierce said staff is collecting member’s Code books for revision. All were wished a happy and safe holiday season. Member Moran was thanked for her efforts organizing this year’s holiday luncheon. Wishes for a speedy recovery were expressed for Member Moran’s husband, Dan. F. ADJOURNMENT The meeting adjourned at 2:26 p.m. mcd1202 16 12/17/02 COMMUNITY DEVELOPMENT BOARD Meeting Date: December 17 It 2002 I have conducted a personal investigation on the personal site visit to the following properties. Janet Ergang, IZ:d Drive ANX2002-l 00 18 no George A. Hunt I~OO Varsity Drive yes ANX2002-l 00 16 no Homeless Emerg~nc/project, Inc., 1215 North Betty Lane ~ yes no FLD 02-04-09 A Peter Hunt, 849 Hart/x Island V yes FLD2002-l0034 no Neil Keifer and J ami Bums, 7 Hampton Road ~ yes no FLD2002-l 0037 Richard and Min13f;:n, 2645 Snnset Point Road es no FLD2002-09027 Clearwater Bay ~.1na, LLC, 900 North Osceola Avenne \jf yes no FLD2002-l0036 Michael Preston, ~ East Shore Drive , yes FLD2002-08022 no Date: \~l \0/ Signatur . ~ COMMUNITY DEVELOPMENT BOARD Meeting Date: December 17., 2002 I have conducted a personal investigation on the personal site visit to the following properties. Janet Ergang, 1925 Ashland Drive \) yes ~no ANX2002-1 00 18 George A. Hunt ill, 2400 Varsity D,; yes --t-no ANX2002-1 00 16 Homeless Emergency Project, Inc., 1 Z North Betty Lane yes no FLD 02-04-09A -l-no FLD2002-10034 Peter Hunt, 849 Harbor Island yes Neil Keifer and James Bnms, 7 HamX' Road yes no FLD2002-1 0037 Richard and Mindy Bac:: 2645 +~~ Road FLD2002-09027 Clearwater Bay Marina, LLC, 900 ~ Osceola A venne yes no FLD2002-10036 FLD2002-08022 Signature: Date: COMMUNITY DEVELOPMENT BOARD Meeting Date: December 17, 2002 I have conducted a personal investigation on the personal site visit to the following properties. yes /' no ANX2002-1 00 18 Janet Ergang, 1925 Ashland Drive George A. Hunt ill, 2400 Varsity Drive j' yes ~ no ANX2002-1 00 16 Homeless Emergency Project, Inc., J North Betty Lane yes no FLD 02-04-09 A yes /0 FLD2002-10034 Peter Hunt, 849 Harbor Island Neil Keifer and James Bums, 7 HamptonRoad ~. / no FLD2002-1 0037 yes Richard and Mindy Bacon, 2645 Sunset Point Road FLD2002-09027 yes J no Clearwater Bay Marina, LLC, 900 North Osceola Avenue FLD2002-10036 yes \-/ no Michael Preston, 419 East Shore Drive FLD2002-08022 yes V no Sign . . Date: . / ~ / J'~/I 7 / c"L COMMUNITY DEVELOPMENT BOARD Meeting Date: December 17'1 2002 I have conducted a personal investigation on the personal site visit to the following properties. Janet Ergang, 1925 Ashland Drive ANX2002-10018 ~ yes no George A. Hunt Ill, 2400 Varsity Drive ANX2002-10016 ~.yes no Homeless Emergency Project, Inc., 1215 North Betty Lane FLD 02-04-09 A .........-- yes no Peter Hunt, 849 Harbor Island FLD2002-10034 ~yes no Neil Keifer and James Bums, 7 Hampton Road FLD2002-1 0037 ~yes no Richard and Mindy Bacon, 2645 Sunset Point Road FLD2002-09027 ~ yes no Clearwater Bay Marina, LLC, 900 North Osceola Avenue FLD2002-10036 ~ yes no Michael Preston, 419 East Shore Drive FLD2002-08022 ~ yes no ~ Date: \~ \\\~2- ...~ \