01/18/2005
COMMUNITY DEVELOPMENT BOARD
CITY OF CLEARWATER
January 18, 2005
Present: David Gildersleeve Chair
J. B. Johnson Board Member
Kathy Milam Board Member
Thomas Coates Board Member
Dana K. Tallman Board Member
Daniel Dennehy Acting Board Member
Empty Seat Board Member
Absent: Alex Plisko Vice-Chair
Also Present: Leslie Dougall-Sides Assistant City Attorney
Cyndi Tarapani Planning Director
Frank “Chip” Gerlock Development Review Manager
Brenda Moses Board Reporter
The Chair called the meeting to order at 1:02 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.
C. APPROVAL OF MINUTES OF PREVIOUS MEETING: December 14, 2004
Member Johnson moved to approve the minutes of the regular meeting of December 14,
motion
2004, as submitted in written summation to each board member. The was duly
carried
seconded and unanimously.
D. REQUEST FOR CONTINUANCE
(to February 15, 2005, meeting) (Item 1):
1. Case:
FLD2004-09072 – 483 Mandalay Avenue
Owner/Applicant:
BJE, Inc.
Representative:
Keith Zayak, P.E. (701 Enterprise Road East, Suite 404, Safety
Harbor, FL 34695; phone: 727-793-9888, fax: 727-793-9855; e-mail:
keith@keithzayak.com).
Location:
1.68 acres between Mandalay Avenue and Poinsettia Avenue approximately
180 feet south of Baymont Street
Atlas Page:
267A.
Zoning District:
Tourist (T).
Request:
Flexible Development approval to permit a mixed use (parking garage and
attached dwellings in conjunction with existing retail sales) with a reduction to the front
(east) setback from 25 to 4.77 feet (to building), a reduction to the side (north) setback
from 10 to 2.91 feet (to building), reductions to the side (south) setback from 10 to zero
feet (to dumpster enclosure), from 10 to 1.74 feet (to pavement) and from 10 to two feet
(to building), a reduction to the rear (west) setback from 20 to 2.89 feet (to building) and
to increase the building height from 35 to 70 feet (to roof deck) with an additional four
feet for perimeter parapets (from roof deck) and an additional 16 feet for rooftop pavilion
(from roof deck), as a Comprehensive Infill Redevelopment Project, under the provisions
Community Development 2005-01-18 1
of Section 2-803.C., and to reduce the foundation landscaping along Poinsettia Avenue
from five to 4.77 feet, as a Comprehensive Landscape Program under the provisions of
Section 3-1202.G.
Proposed Use:
Mixed use (four level parking garage with 356 parking spaces and 28
attached dwelling units [condominium] in conjunction with existing retail sales).
Neighborhood Associations:
Coral Resort Condominium, (483 E. Shore Drive,
Clearwater, FL 33767; phone: 727-446-3711; email: coral483@aol.com); Clearwater
Beach Association (David MacNamee, 827 Mandalay Avenue, Clearwater, FL 33767;
phone: 727-446-5801; email: dmacnav@att.net); Clearwater Neighborhoods Coalition
(Doug Williams, President, 2544 Frisco Drive, Clearwater, FL 33761; phone: 727-725-
3345; email:djwe@gte.net).
Presenter:
Michael H. Reynolds, AICP, Planner III.
Planning Director Cyndi Tarapani said this application is incomplete and requested the
item be continued to a date uncertain. In response to a question, she said the applicant wants
to construct a 300-space parking garage, topped with condominiums, east of the Pelican Walk
shopping center and use TDRs (Transfer Development Rights) to increase the number of units.
The parking garage will benefit the shopping center and public. The City has agreed to
contribute to the cost of constructing the parking garage.
Member Coates moved to continue Item #D1, Case FLD2004-09072 – 483 Mandalay
motioncarried
Avenue to a date uncertain. The was duly seconded and unanimously.
As Case #E1 originally was the last item on the agenda, it was recommended other
issues be discussed first to provide the public more time to arrive and comment.
Consensus was to discuss other issues first.
E. LEVEL THREE APPLICATION
(Item 1):
1. Case:
TA2004-12001 – Community Development Code Amendment
Applicant:
City of Clearwater, Planning Department.
Request:
Amendment to the Community Development Code imposing a moratorium on
certain reviews, approvals, orders and permits for the Old Florida District of the Beach
by Design Special Area Plan concerning Clearwater Beach.
Neighborhood Association(s):
Clearwater Beach Association (David MacNamee, 827
Mandalay Ave., Clearwater, FL 33767; phone: 727-446-5801; email: dmacnav@att.net);
Clearwater Neighborhoods Coalition (Doug Williams, President, 2544 Frisco Drive,
Clearwater, FL 33761; phone: 727-725-3345; email: Djw@gte.net).
Presenter:
Gina L. Clayton, Long Range Planning Manager.
Beach by Design, the special area plan governing development on Clearwater beach,
established eight distinct districts within Clearwater beach to govern land use. The Old Florida
District is the northern most area governed by the Plan. It is comprised of 36.4 acres of land
and is bounded by the Gulf of Mexico on the west, Clearwater Harbor on the east, Rockaway
Street on the south, and the rear property line of the properties fronting the north side of
Somerset Street. Beach by Design describes the Old Florida District as “an area of transition
between resort uses in Central Beach to the low intensity residential neighborhoods to the north
of Acacia.” The Plan supports the renovation and limited redevelopment of this area based on
existing conditions and identifies new single-family dwellings and townhouses as the preferred
form of development.
Community Development 2005-01-18 2
In September 2004, the Planning Department prepared an in-depth review of a portion of
the Old Florida District. The findings of the study identified discrepancies between the study
area’s zoning and land use patterns as well as inconsistencies between the Old Florida District
provisions and the underlying zoning. The report indicated that these inconsistencies make the
administration of land development provisions difficult in the Old Florida District and result in
unrealistic or uncertain property owner and developer expectations. It also indicated that there
is the potential for inconsistency in the review of development proposals.
The study indicated that similar issues exist for the remainder of the Old Florida District
not included in the study and recommended that the desired character of the entire Old Florida
District be determined and that Beach by Design be revised accordingly. The City Council
concurred with those findings and recognized that amendments to Beach by Design may result
in a land use plan amendment, rezoning and/or revised land development regulations for this
area to be in conformance with revised policies.
Beach by Design was effective on June 6, 2001. A total of nine site plan applications for
new construction have been submitted for property located in the Old Florida District, eight of
which were submitted in 2004. Of the total applications, only two have been consistent with the
preferred forms of development identified for Old Florida. Due to significant development
pressures in this area and inconsistencies between Old Florida District provisions and the
underlying zoning, the Planning Department recommends that a nine-month moratorium be
established for the Old Florida District (between February 3, 2005 – November 18, 2005). During
the moratorium, the Planning Department will prepare and process revisions to the Old Florida
District to clarify the vision of Old Florida and to eliminate the divergences between Beach by
Design and the underlying land use and zoning. It is anticipated that the revisions will result in
necessary amendments to the Future Land Use Plan Map and Zoning Atlas and potentially to the
land development regulations.
The proposed moratorium will preclude the processing of comprehensive plan
amendments, rezonings, certain development approvals, orders and permits in the Old Florida
District that are not consistent with the preferred forms of development as set forth in Beach by
Design (single family dwellings, townhouses and neighborhood retail uses). The proposed
moratorium ordinance provides that site plan applications (for uses other than the preferred
forms of development) that have been submitted and determined to be complete and sufficient
by March 3, 2005, and approved by April 20, 2005, may proceed provided timeframes
established in the development order for permitting and issuance of certificate of occupancy are
met. This exception allows site plan review applications submitted to the Planning Department
by the January 31, 2005 deadline (prior to the anticipated adoption of the moratorium on
,
February 3, 2005) to be processed. Any site plans received after the January 312005, will not
be processed.
Code Section 4-601 specifies the procedures and criteria for reviewing text
amendments.
Any code amendment must comply with the following.
1. The proposed amendment is consistent with and furthers the goals, policies, objectives
of the Comprehensive Plan.
Community Development 2005-01-18 3
Below is a selected list of policies from the Clearwater Comprehensive Plan that are
furthered by the proposed amendment to the Community Development Code.
2.1.2 Renewal of the beach tourist district shall be encouraged through the
establishment of distinct districts within Clearwater Beach, the establishment of a
limited density pool of additional hotel rooms to be used in specified geographic
area of Clearwater Beach, enhancement of public rights-of-way, the vacation of
public rights-of-way when appropriate, transportation improvements, inter-beach
and intra-beach transit, transfer of development rights and the use of design
guidelines pursuant to Beach by Design: A Preliminary Design for Clearwater
Beach and Design Guidelines.
2.1.3 The area governed by Beach by Design: A Preliminary Design for
Clearwater Beach and Design Guidelines shall be recognized on the Countywide
Future Land use map as a Community Redevelopment District. This area is
bounded on the north by the line dividing the block between Acacia Street and
Somerset Street, the Gulf of Mexico on the west, Clearwater Harbor on the east
and the Sand Key Bridge on the south, excluding Devon Avenue and Bayside
Drive. Beachfront and public property located adjacent to the Gulf of Mexico and
the Intracoastal Waterway with a Future Land Use designation of
Recreation/Open Space shall be excluded from the community Redevelopment
District.
The above policies indicate the City’s commitment to beach renewal in compliance with
the provisions of Beach by Design, the special area plan for Clearwater Beach. The policies
support the establishment of districts within the Plan area and indicate that the Plan area is
designated as a Community Redevelopment District. Policy 3.2.1 of the Future Land Use
Element includes a table detailing each plan classification and the maximum development
potential allowed. The Resort Facilities High land use plan classification specifies that the
maximum development potential is as set forth in Beach by Design. A large area of the Old
Florida District is designated Resort Facilities High, therefore, Beach by Design should govern
development potential. Since the Old Florida District provisions are not clear, the moratorium
will enable Beach by Design amendments to be prepared and processed so the Old Florida
District provides clear direction on the desired character and addresses allowable uses and
density.
5.1.3 The City shall recognize the overriding Constitutional principle that private
property shall not be taken without due process of law and the payment of just
compensation, which principle is restates in Section 163,3194(4)(a), Florida
Statutes.
The proposed moratorium is for a specific timeframe of nine months and does not
permanently take away property rights. During the moratorium, development that is consistent
with the preferred forms of development set forth in the Old Florida District can be processed.
2. The proposed amendments further the purposes of the Community Development Code
and other City ordinances and actions designed to implement the Plan.
The proposed text amendment is consistent with the following purposes of the Code.
??
Section 1-103(A) - It is the purpose of this Development Code to implement the
Community Development 2005-01-18 4
Comprehensive Plan of the city; to promote the health, safety, general welfare and
quality of life in the city; to guide the orderly growth and development of the City; to
establish rules of procedures for land development approvals; to enhance the character
of the City and the preservation of neighborhoods; and to enhance the quality of life of all
residents and property owners of the City.
The imposition of a moratorium for nine months provides the necessary time to develop a
study of the entire Old Florida District and engage the public in a meaningful dialogue to determine
the desired character for this area and revise Beach by Design accordingly. Revising the Plan will
more than likely result in the need to amend the comprehensive plan and zoning of this area.
Clarifying the Old Florida District provisions will result in the orderly growth and development of this
area. It also will enhance the character of the area as well as the quality of life of the residents in
this District and the surrounding areas. By eliminating discrepancies between Beach by Design and
the underlying land use and zoning the Comprehensive Plan will be properly implemented.
??
Section 1-103(E)(2) - Protect the character and the social and economic stability of all parts
of the city through the establishment of reasonable standards, which encourage the orderly
and beneficial development of land within the City.
The proposed moratorium will enable the City to develop more specific provisions to
govern land use, density and intensity and scale of development within the Old Florida District.
The clarification of these provisions will assist in the orderly and beneficial development of land
within this area. Clarification of the discrepancies between the land development regulations
and the special area plan will normalize developer/property owner expectations and provide
more certainty to the development process which will lead to the economic stability within the
area.
The proposed amendment to the Community Development Code is consistent with the
Comprehensive Plan and the Community Development Code for the reasons cited above. The
moratorium is needed due to significant development pressures in the Old Florida District of
Beach by Design, the special area plan governing this area, and the discrepancies between the
existing land use patterns and zoning and between the Old Florida District provisions and
underlying land use and zoning. The moratorium will allow limited development to occur
provided it is consistent with the existing provisions of the Old Florida District.
The Planning Department Staff recommends approval of Ordinance #7385-05 that
imposes a moratorium for a period of nine months.
Long Range Planning Manager Gina Clayton said there is significant development
pressure in the Old Florida District. Nine site plan applications have been submitted since the
plan went into effect in 2001, with seven submitted in 2004. Although the City was not required
to notice individual property owners regarding this proposal, courtesy notices were sent to all
Old Florida District property owners.
Ms. Tarapani said the issue is difficult and follows considerable staff discussion. The
area is experiencing significant development pressures. The proposed moratorium will not
rezone, change the plan category, or change the status of anyone’s property. The timeframe
would provide time to examine the issues, obtain public input, complete the area study, and
allow review by the PPC (Pinellas Planning Council) and Board of County Commissioners sitting
as the CPA (Countywide Planning Authority). Ms. Clayton reported the City Council had
directed staff to make changes to all transient accommodations adjacent to the water.
Community Development 2005-01-18 5
In response to a question, Ms. Tarapani said if the Community Development Coordinator
determination regarding consistency is challenged, the request can be brought to the CDB
(Community Development Board). Three types of development can proceed during the
moratorium: 1) Neighborhood-serving retail; 2) Renovation or revitalization of existing
improvements; and 3) Single-family or townhouse style development. Ms. Clayton said the
moratorium could not be extended beyond nine months without a review process. Assistant
City Attorney Leslie Dougall-Sides moratoria are accepted methods of planning in Florida. The
Legal Department has opined that this timeframe most likely can resist legal challenge.
In response to a question, Ms. Clayton said the CDB had approved four applications for
condominium projects, between 50 – 70 feet in height, in the Old Florida District that were
inconsistent with the preferred forms of development, single-family and townhomes. She said
as the zoning allowed condominium projects, the “preferred form of development” listed for the
Old Florida District is ambiguous. No Code language prohibits condominium development.
In response to a question, Ms. Clayton said in the last 12 months, staff has received two
applications for new construction for townhomes; one is incomplete and one is on today’s
agenda. These applications are consistent with the district’s “preferred form of development.”
In response to a question, Ms. Tarapani said staff supports a moratorium as Beach by
Design does not provide good policy guidance to staff or the CDB regarding City goals for the
Old Florida District. Occasional disagreements between the CDB and staff have nothing to do
with this request. After the City Council directed staff to review a smaller area west of Mandalay
Avenue, issues emerged, and the Council agreed the entire Old Florida District needed scrutiny.
Without a moratorium, staff would continue to review applications for the Old Florida District and
determine if projects meet the preferred forms of development and the CDB would continue to
review each agenda item. The definition of “preferred forms of development” could be
discussed with the public and amended in Beach by Design without a moratorium. Staff is
concerned adverse forms of development could be approved prior to the finalization of policy
decisions. A moratorium would assist the study.
In response to a question, Ms. Clayton said the 23 Cambria Street townhouse project
could proceed if a complete application is submitted by March 3, 2005, and meets “preferred
forms of development” requirements. While the application for the Monaco Resort is incomplete
and inconsistent with preferred forms of development, it could move forward if it is complete and
sufficient by March 3, 2005, and complies with the special area plan. The 12 Idlewild
condominium project is inconsistent with the preferred forms of development.
Ms Clayton said development pressures are evident as the majority of applications
submitted in 2004 were inconsistent with preferred forms of development. Several developers
have discussed condominium projects with staff. Ms. Tarapani said market pressures are
moving development interest to beach areas such as to Brightwater Drive and the Old Florida
District. Ms. Clayton said Beach by Design requirements for East Shore were rewritten to
require specific development. Staff has not considered a moratorium elsewhere in the City.
Thirteen persons spoke in opposition to the moratorium; one person was pro-community;
two persons said the Clearwater Beach Association had abstained from comment.
Ms. Tarapani said staff, not the City Council, had suggested the moratorium. The City
mailed notices and advertised the meeting in the newspaper, clearly indicating the meeting
Community Development 2005-01-18 6
would begin at 1:00 p.m.
Ms. Dougall-Sides said this request is an uncodified text amendment to the Land
Development Code and reviewed CDB obligations. In response to a question, Ms. Tarapani
said absent a moratorium, staff cannot prevent applications from being submitted. If the
moratorium fails, staff will continue to study of the Old Florida District and then make
recommendations to the CDB and the City Council. Meanwhile, staff would continue to review
applications and, when appropriate, forward them to the CDB and City Council. If the
moratorium is not imposed and the City Council approves changes, the governing ordinances
will specify effective dates. A transition period could apply.
Member Johnson moved to recommend opposition to the proposed moratorium. The
motion
was duly seconded.
It was suggested the recommendation request City Council to direct staff to review
height and density issues within the Old Florida District where current language is ambiguous.
Member Johnson and the seconder agreed to incorporate in the motion the request that
City Council direct staff to consider height and density issues within the Old Florida District
where current language is ambiguous.
Upon the vote being taken, Members Johnson, Milam, Coates, and Tallman and Acting
carried.
Member Dennehy voted “Aye”: Chair Gildersleeve voted “Nay.” Motion
F. CONSENT AGENDA
: The following cases are not contested by the applicant, staff,
neighboring property owners, etc. and will be approved by a single vote at the beginning
of the meeting (Items 1 – 10):
1.
Level Three Application
Case:
ANX2004-08013 – 25191 U.S. Highway 19 North (Related to LUZ2004-08006,
DVA2004-00003 and FLD2004-08061)
Owner/Applicant:
LaSalle Realty, LLC.
Representative:
E. D. Armstrong III, Esq., Johnson, Pope, Bokor, Ruppel & Burns, LLP
(P.O. Box 1368, Clearwater, FL 33757; phone: 727-461-1818; fax: 727-441-8617; e-
mail: ed@jpfirm.com).
Location:
3.66 acres of a 4.28-acre property consisting of three parcels, at the southern
terminus of Chautauqua Avenue approximately 550 feet east of U.S. Highway 19 North.
Atlas Page
: 244A.
Request
: Annexation of 3.66 acres to the City of Clearwater to be included as part of a
pending land use and zoning case (LUZ2004-08006).
Proposed Use:
Non-residential off-street parking.
Neighborhood Association(s):
Clearwater Neighborhoods Coalition (Doug Williams,
President, 2544 Frisco Drive, Clearwater, FL 33761; phone: 727-725-3345; email:
Djw@gte.net).
Presenter
: Mark Parry, Planner III.
This annexation involves 3.66 acres of a 4.28-acre property consisting of three parcels,
at the terminus of Chautauqua Avenue, approximately 550 feet east of U.S. Highway 19 North.
The property is contiguous with City boundaries on the south, east and west; therefore, the
proposed annexation will reduce an enclave and is consistent with Florida Statutes with regard
Community Development 2005-01-18 7
to voluntary annexation. The applicant is requesting this annexation in order for their entire
property to be within a single municipality.
A companion application to change the Future Land Use Plan category of the entire site
from Residential Suburban (RS) to Residential Low (RL), and to rezone it from Rural Residential
(R-R) (County) to the Low Medium Density Residential (LMDR) District is being processed
concurrently with this annexation request in LUZ2004-08006 (see agenda item F-2).
The proposed annexation can be served by City of Clearwater services, including water,
sewer, solid waste, police, fire and emergency medical services without any adverse effect on
the service level. The proposed annexation is consistent with both the City’s Comprehensive
Plan and is consistent with Florida law regarding municipal annexation and eliminates an
enclave.
Based on the above analysis, the Planning Department recommends approval of the
annexation of 3.66 acres to the City of Clearwater.
See motion page 38.
2.
Level Three Application
Case:
LUZ2004-08006– 25191 U.S. Highway 19 North (Related to ANX2004-08013,
DVA2004-00003 and FLD2004-08061)
Owner/Applicant:
LaSalle Realty, LLC.
Representative:
E. D. Armstrong III, Esq., Johnson, Pope, Bokor, Ruppel & Burns, LLP
(P.O. Box 1368, Clearwater, FL 33757; phone: 727-461-1818; fax: 727-441-8617; e-
mail: ed@jpfirm.com).
Location:
4.28 acres consisting of three parcels, located at the southern terminus of
Chautauqua Avenue approximately 550 feet east of U.S. Highway 19 North.
Atlas Page
: 244A.
Request
:
(a) Land Use Plan amendment from the Residential Suburban (RS) Classification (City
and County) to Residential Low (RL) Classification (City) (pending ANX2004-08013);
(b) Rezoning from the Commercial (C) District (City of Clearwater) to the Low Medium
Density Residential (LMDR) District (City of Clearwater);
(c) Rezoning from the Open Space/Recreation (OS/R) District (City of Clearwater) to the
Low Medium Density Residential (LMDR) District (City of Clearwater); and
(d) Rezoning from the Rural Residential (R-R) District (County) to the Low Medium
Density Residential (LMDR) District (City of Clearwater) (pending ANX2004-08013).
Proposed Use:
Non-residential off-street parking.
Neighborhood Association(s):
Clearwater Neighborhoods Coalition (Doug Williams,
President, 2544 Frisco Drive, Clearwater, FL 33761; phone: 727-725-3345; email:
Djw@gte.net).
Presenter
: Mark Parry, Planner III.
This Future Land Use Plan (FLUP) amendment and rezoning application involves three
parcels of land, approximately 4.28 acres in area located at the southern terminus of
Chautauqua Avenue approximately 550 feet east of U.S. Highway 19 North. The site is
currently and has historically been utilized by Dimmitt Cadillac as a non-residential off-street
parking facility. The site has a FLUP designation of Residential Suburban (RS). The east
portion of the site, consisting of 3.66 acres, is included in a companion application to annex into
the City of Clearwater (Case# ANX2004-08013). The west portion of the site consisting of 0.61
Community Development 2005-01-18 8
acres is currently within the City of Clearwater and has FLUP designation of Residential
Suburban (RS) and a zoning designation of Commercial (C) (0.36 acre) and Open
Space/Recreation (OS/R) (0.21 acre) along the west and south sides of the site, respectively.
Approximately 0.042 acre located at the southwest corner of the site (also included in the 0.36
acres within the City) is designated as “Water” on the County’s Future Land Use Plan. That
designation will be maintained with this proposal. The portion of the site, 3.66 acres within the
jurisdiction of Pinellas County has a zoning classification of R-R, Rural Residential (County).
The applicant is requesting to amend the FLUP designation of the site to the Residential Low
(RL) classification and to rezone it to the Low Medium Density Residential (LMDR) District. A
proposed development agreement between the applicant and the City limits the use of this site
to non-residential off-street parking for a period of 10 years and further outlines and details how
and under what circumstances the subject site may be used (Case# DVA2004-00003).
Additionally, the site will be improved with paved, surfaced parking areas, landscaping,
stormwater facilities and the existing use of the property as a non-residential off-street parking
lot will continue (Case# FLD2004-08061).
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.
An amendment of the FLUP from the Residential Suburban (RS) category to the
Residential Low (RL) category and a rezoning from the R-R, Rural Residential District (County),
Commercial (C) District (City) and Open Space/Recreation District (OS/R) (City) to the Low
Medium Density Residential (LMDR) District for the subject site is requested. This 4.28-acre
site exceeds the minimum requirements for the proposed use of the property as a non-
residential off-street parking lot. The neighborhood is surrounded by single-family residential
dwellings to the north, south and east and vehicle sales and display to the west. The proposed
future land use plan amendment and rezoning is compatible with the existing neighborhood.
The use of this property is proposed to be limited through a companion development agreement
application (Case# DVA2004-00003).
The proposed Residential Low (RL) Future Land Use Plan classification and Low
Medium Density Residential (LMDR) zoning district is consistent with both the City and the
Countywide Comprehensive Plans, is compatible with the surrounding area, does not require
nor affect the provision of public services, is compatible with the natural environment and is
consistent with the development regulations of the City.
Based on the above analysis, the Planning Department recommends approval of: 1) The
land use plan amendment from the Residential Suburban (RS) Classification (County and City)
to the Residential Low (RL) Classification (City) (pending ANX2004-08013); 2) Rezoning from
the Commercial (C) District (City of Clearwater) to the Low Medium Density Residential (LMDR)
District (City of Clearwater); 3) Rezoning from the Open Space/Recreation (OS/R) District (City
of Clearwater) to the Low Medium Density Residential (LMDR) District (City of Clearwater); and
4) Rezoning from the R-R, Rural Residential District (County) to the Low Medium Density
Residential (LMDR) District (City of Clearwater) (pending ANX2004-08013).
See motion page 38.
3.
Level Three Application
Case:
DVA2004-00003 – 25191 U.S. Highway 19 North (Related to ANX2004-08013,
LUZ2004-08006 and FLD2004-08061)
Community Development 2005-01-18 9
Owner/Applicant:
LaSalle Realty, LLC.
Representative:
E. D. Armstrong III, Esq., Johnson, Pope, Bokor, Ruppel & Burns, LLP
(P.O. Box 1368, Clearwater, FL 33757; phone: 727-461-1818; fax: 727-441-8617; e-
mail: ed@jpfirm.com).
Location:
4.28 acres consisting of three parcels, located at the southern terminus of
Chautauqua Avenue approximately 550 feet east of U.S. Highway 19 North.
Atlas Page
: 244A.
Request:
Review of, and recommendation to the City Commission on, a Development
Agreement between LaSalle Realty, LLC and the City of Clearwater which provides for
the use of the property as a non-residential off-street parking facility, provides a
minimum time frame for which the property may be used as a parking facility and
landscape requirements.
Neighborhood Association(s):
Clearwater Neighborhoods Coalition (Doug Williams,
President, 2544 Frisco Drive, Clearwater, FL 33761; phone: 727-725-3345; email:
Djw@gte.net).
Presenter
: Mark Parry, Planner III.
The 4.28-acre site is at the western terminus of Chautauqua Avenue approximately 550
feet east of U.S. Highway 19 North. The area is intensely developed with predominantly
commercial uses including vehicle sales and display, retail and offices to the west along U.S.
Highway 19 North. Single-family dwellings exist to the east and farther to south. A single-family
development currently is under construction to the northeast.
The site consists of three parcels that have been used as an unimproved off-street
parking facility within unincorporated Pinellas County.
The applicant has submitted applications for Annexation, Future Land Use Plan and
Zoning Atlas amendments. The existing parking lot is and historically has been used in
conjunction with Dimmitt Cadillac car dealership immediately adjacent to the west as a non-
residential off-street parking facility. The applicant proposes to improve the existing non-
residential off-street parking facility by providing a solid wood fence six feet in height with
extensive buffer landscaping on the exterior along the front (north and east) property lines along
Third and Fourth Avenues South, respectively and side (east and south) property lines. In
addition, the parking lot will be fully improved with paved drive aisles and stripped, Code-
compliant parking areas. The parking lot will only be accessible from the Dimmitt Cadillac site
to the west with the existing access point along Fourth Avenue South closed off and no future
access points from any abutting street proposed. The details of these improvements are fully
described within the Staff report in association with case FLD2004-08061. The Development
Agreement will continue in effect for 10 years.
The proposed Development Agreement requires the applicant to develop and use the
subject site as a 285-space non-residential off-street parking facility serving the adjacent vehicle
sales and display use located immediately adjacent to the west at 25191 U.S. Highway 19
North. The City will process the Flexible Development (see case FLD2004-08061), Annexation
(see case 2004-08013) and Zoning and Comprehensive Plan amendment (see case LUZ2004-
08006) requests submitted by the applicant for the subject site. Additional provisions of the
agreement will restrict the use of the subject site and protect the surrounding residentially used
properties and include: 1) The agreement will be in effect for a period of 10 years; 2) That the
property will be used solely for non-residential off-street parking; 3) A landscape buffer not less
than 25 feet in width be located along all street frontages; 4) That the use of loud speakers will
be prohibited; 5) That the parking of vehicles associated with the service department on the site
Community Development 2005-01-18 10
will be prohibited; 6) That lighting on the site will be designed and directed in such a manner
that light does not intrude beyond the site boundaries; and 7) That a deed restriction which lists
all restriction outlined in the agreement be recorded prior to the issuance of any permits.
The application and supporting materials were reviewed by the Development Review
Committee on December 2, 2004. The Planning Department recommends approval of the
Development Agreement as outlined above with the following bases:
Bases for Approval: 1) The Development Agreement is consistent with and furthers the
goals, policies and objectives of the Comprehensive Plan; 2) The Development Agreement
complies with the standards and criteria of Section 4-606; and 3) The Development Agreement
implements and formalizes the requirements for the construction of site improvements under the
related site plan proposal (FLD2004-08061).
See motion page 38.
4.
Level Two Application
Case:
FLD2004-08061 – 25191 U. S. Highway 19 North (Related to ANX2004-08013,
LUZ2004-08006 and DVA2004-00003)
Owner/Applicant:
LaSalle Realty, LLC.
Representative:
E. D. Armstrong III, Esq., Johnson, Pope, Bokor, Ruppel & Burns, LLP
(P.O. Box 1368, Clearwater, FL 33757; phone: 727-461-1818; fax: 727-441-8617; e-
mail: ed@jpfirm.com).
Location:
4.28 acres consisting of three parcels, at the southern terminus of
Chautauqua Avenue approximately 550 feet east of U.S. Highway 19 North.
Atlas Page:
244A.
Zoning District:
Existing: Commercial (C) (City of Clearwater), Open Space/Recreation
(OS/R) (City of Clearwater) and Rural Residential (R-R) (County); Proposed: Low
Medium Density Residential (LMDR).
Request:
Flexible Development approval to permit a nonresidential off-street parking lot
in the Low Medium Density Residential District, under the provisions of Section 2-204.C.
Proposed Use:
Non-residential off-street parking.
Neighborhood Associations:
Clearwater Neighborhoods Coalition (Doug Williams,
President, 2544 Frisco Drive, Clearwater, FL 33761; phone: 727-725-3345; email:
Djw@gte.net).
Presenter:
Wayne M. Wells, AICP, Planner III.
The 4.28-acres consist of three parcels at the southern terminus of Chautauqua Avenue,
approximately 550 feet east of U.S. Highway 19 North. The site presently is used for the
unauthorized use of the off-street parking of vehicles.
The majority of the site is presently within unincorporated Pinellas County and is being
annexed (ANX2004-08013). The Land Use Plan is being requested to be amended from the
Residential Suburban (RS) Classification (City and County) to Residential Low (RL)
Classification (City) (LUZ2004-08006). The property is also being requested to be rezoned from
the Commercial (C) and the Open Space/Recreation (OS/R) Districts (City) and from the Rural
Residential (R-R) District (County) to the Low Medium Density Residential (LMDR) District (City)
(LUZ2004-080006). The property is also subject to a Development Agreement (DVA2004-
00003) to ensure the use of the property is solely for nonresidential off-street parking.
Community Development 2005-01-18 11
The proposal includes constructing a surface parking area, meeting Code requirements,
for the storage of approximately 285 vehicles. The off-street parking area is solely for vehicle
storage of new and used vehicles and for employee parking, and is not intended for the parking of
vehicles associated with the service department, awaiting repair. There are some areas where
vehicles will be stacked, but since the majority of the parking area is for vehicle storage, this
complies with Code requirements. Access to the residential streets to the east of Chautauqua
Avenue is being removed with this proposal. The design of this parking area will allow for
transport trucks to traverse this area to be able to return to US Highway 19 N, but it is not the
intention of this proposal to continue to off-load vehicles within this parking area.
The north and east sides of this parking area will be screened from view by a six-foot high
solid fence, which will be landscaped on the outside adjacent to streets and on the inside on the
east side abutting residentially-zoned property. A 25-foot wide landscape buffer is being provided
along the street frontages and a 22-foot wide landscape buffer is being provided along the east
side. The parking lot pavement is 44 feet from the south property line. A retention pond is
proposed along the south side of the parking area. All invasive, exotic vegetation in the ditch on
this property must be removed prior to the issuance of a Certificate of Completion. All edges of
pavement need to be designed with vertical curbing or wheel stops for the protection of
landscaped areas and be shown on a revised site plan prior to the issuance of any permits. An
existing 15-inch RCP runs through the property from 4th to 5th avenues S. Prior to the issuance
of any permits an easement should be provided, unless one presently exists, acceptable to the
Engineering and Legal Departments. A sidewalk will be constructed within the abutting public
rights-of-way, where none exists today.
Lighting of the parking area must be designed and constructed to comply with the
requirements of Division 13 of Article 3 of the Code. A photometric plan will need to be submitted
as part of the construction plans showing compliance prior to the issuance of any permits. Site
lighting of this parking area will need to be automatically switched to turn off at 9:00 p.m., in
compliance with Flexibility criteria for this use. For compatibility with the adjacent residentially
zoned area, loud speakers and phone ringer systems should be prohibited to be used in this
parking area. Since this parking area is associated with the car dealership fronting on US
Highway 19 N, a Unity of Title should be recorded prior to the issuance of any permits, tying this
property together with that property fronting on US Highway 19 N.
All applicable Code requirements and criteria including, but not limited to, General
Applicability criteria (Section 3-913) and for Non-residential Off-Street Parking criteria (Section
2-204.C) have been met.
The Development Review Committee reviewed the application and supporting materials
on December 2, 2004. The Planning Department recommends approval of the Flexible
Development approval to permit a nonresidential off-street parking lot in the Low Medium
Density Residential District, under the provisions of Section 2-204.C, for the site at 25191 US
Highway 19 N, with the following bases and conditions:
Bases for Approval: 1) The proposal complies with the Flexible Development criteria for
a nonresidential off-street parking lot per Section 2-204.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 will legitimize the existing use
of the property.
Community Development 2005-01-18 12
Conditions for Approval: 1) That use of this parking area be solely for vehicle storage of
new and used vehicles and for employee parking, and not be for the sales and display of
vehicles. This parking area shall not be used for the parking or storage of vehicles associated
with the service department to be repaired, nor shall transport trucks on- or off-load vehicles
within this parking area; 2) That vehicles stored or parked in this parking area not encroach into
any landscaped area or drive aisle; 3) That lighting of this parking area be designed and
constructed to comply with the requirements of Division 13 of Article 3 of the Code. A
photometric plan shall be submitted as part of the construction plans showing compliance prior
to the issuance of any permits. Site lighting of this parking area shall be automatically switched
to turn off no later than 9:00 p.m.; 4) That loud speakers and phone ringer systems be
prohibited to be used in this parking area; 5) That all edges of pavement be designed with
vertical curbing or wheel stops for the protection of landscaped areas. Compliance shall be
shown on a revised site plan prior to the issuance of any permits; 6) That an easement be
provided, unless one presently exists, for the existing 15-inch RCP running through the property
from 4th to 5th Avenues S prior to the issuance of any permits, acceptable to the Engineering
and Legal Departments; 7) That all invasive, exotic vegetation in the ditch be removed prior to
the issuance of a Certificate of Completion; 8) That, prior to the issuance of any permits, a copy
of the SWFWMD (Southwest Florida Water Management District) permit or letter of exemption
be submitted; and 9) That a Unity of Title be recorded prior to the issuance of any permits, tying
this property together with that property fronting on US Highway 19 N.
See motion page 38.
5.
Level Two Application
Cases:
FLD2004-04025/TDR2004-09011 – 521 South Gulfview Boulevard
Owner:
Decade Gulfcoast Hotel Partners
Applicant/Representative:
Decade Properties Development, Jeff Keierleber (240
Bayside Drive, Clearwater, FL 33767; phone: 727-461-2921; fax: 727-522-8999).
Location:
4.87 acres on the west side of South Gulfview Boulevard, between Hamden
Drive and Bayway Boulevard.
Atlas Page:
276A and 285A.
Zoning District:
Tourist (T).
Request:
(1) Termination of Status of a Nonconformity for density (existing 289-
rooms/units overnight accommodation use – to be converted to 241-rooms/units
overnight accommodation use and 36 dwelling units), under the provisions of Section 6-
109; (2) Flexible Development approval to permit a mixed use (241-unit overnight
accommodation use [including accessory restaurant, retail sales and wave runner
business], 38 attached dwellings, a restaurant and an office use) with reductions to the
front (north) setback from 15 to 3.52 feet (to existing pavement), a reduction to the side
(east) setback from 10 to 2.95 feet (to existing pavement), an increase to building height
from 35 to 128 feet (to highest roof deck) with an additional 16 feet for the pinnacle
facade focal point (from highest roof deck) and with a deviation to allow direct access to
a major arterial street, as a Comprehensive Infill Redevelopment Project, under the
provisions of Section 2-803.C; and (3) Transfer of Development Rights for two dwelling
units from 850 Bayway Boulevard, under the provisions of Section 4-1403 (TDR2004-
09011).
Proposed Use:
Mixed use (241-unit overnight accommodation use with accessory
restaurants and retail sales and 38 attached dwellings [condominium]).
Neighborhood Associations:
Clearwater Beach Association (David MacNamee, 827
Mandalay Ave., Clearwater, FL 33767; phone: 727-446-5801; email: dmacnav@att.net);
Clearwater Point 8 (Paul Pazon, 800 S. Gulfview Blvd., Clearwater, FL 33767; phone:
Community Development 2005-01-18 13
727-442-0664; email: clwpt8@tampabay.rr.com); 440 West, Inc. Condominium (Fred
White, President, 440 S. Gulfview Blvd., #203, Clearwater, FL 33767; phone: 727-461-
2885; fax: 727-442-6628; email: et440@juno.com); Clearwater Neighborhoods Coalition
(Doug Williams, President, 2544 Frisco Drive, Clearwater, FL 33761; phone: 727-725-
3345; email: Djw@gte.net).
Presenter:
Wayne M. Wells, AICP, Planner III.
The 4.87-acre site is on the west side of South Gulfview Boulevard, between Hamden
Drive and Bayway Boulevard. The site has approximately 467 linear feet of frontage on South
Gulfview Boulevard and 600 linear feet on the water (along the seawall). This parcel is zoned T
(3.916 acres) and OS/R (0.954 acre) and currently is developed with a nonconforming, 289-
room/unit overnight accommodation use, with accessory meeting rooms, restaurant, and a jet
ski operation.
An attached dwelling complex of two residential buildings, each approximately 157 feet
in height, abuts the subject property to the west/northwest. The “Adams Mark” (overnight
accommodation use) is to the northwest of these abutting residential buildings. The “Best
Western Sea Stone” (overnight accommodation use) is north across South Gulfview Boulevard.
An attached dwelling building of 55 units is under construction across South Gulfview
Boulevard. “Shephard’s” (overnight accommodation use and entertainment complex) abuts to
the east.
The proposal includes redeveloping the site into a mixed use of an overnight
accommodation use of 241 rooms/units (with accessory restaurants, retail sales and wave runner
business), a restaurant (Starbucks), an office use and 38 attached dwellings (condominiums). In
conjunction with the construction of a new 13-story building on the west side of the existing
building, the existing seven- and nine-story overnight accommodation building will be completely
renovated (interior and exterior).
The proposal includes a request for Termination of the Status of Nonconformity for the
nonconforming density of 289 rooms/units. Based on the maximum allowable density of 40
rooms/units per acre for the RFH land use category and the 3.916 acres zoned T, the site could
be developed today with only 156 overnight accommodation rooms/units. The applicant plans to
renovate the existing building and decrease the number of rooms/units to 189 by combining
rooms. Compliance with this proposed condition in the existing building will be monitored through
the building permit process. The applicant also proposes to construct a new building to the west
of the existing building that would include 52 overnight accommodation rooms/units. With the
balance of 48 rooms/units, the applicant is requesting to convert these overnight accommodation
rooms/units to 36 dwelling units, based on the 40/30 conversion factor, through the termination of
the nonconforming density. The applicant is achieving the proposed number of dwelling units for
this property by adding in two dwelling units through the Transfer of Density Rights. Under the
Termination of the Status of Nonconformity provisions, there are four required improvements: 1)
Installation of perimeter buffers. Perimeter buffers are not required in the Tourist District; 2)
Improvement of off-street parking lots. The proposal includes renovating the existing parking
areas to meet Code (except as requested for reductions to setbacks) and the provision of
additional parking in four levels of a parking garage; 3) Removal of nonconforming signs, outdoor
lighting or other accessory structures. The applicant is completely renovating all existing
improvements, which will require bringing signage into compliance with Code provisions; and 4)
Use of Comprehensive Sign Program and Comprehensive Landscape Programs to satisfy
requirements. Neither of these Programs is being utilized at this point. The Comprehensive Sign
Program most likely will be necessary prior to completion of the project.
Community Development 2005-01-18 14
As stated above, the proposal includes constructing a new building adjacently west of the
existing hotel building with 319 parking spaces on Levels 1 – 4, 52 overnight accommodation
rooms/units on Levels 5 – 7, and 38 dwelling units on Levels 8 – 13. Hotel rooms/units in this new
building will range in area from 670 to 1,600 square-feet. Dwellings (condominiums) on Levels 8
– 10 will range in area from 1,110 to 2,545 square-feet. Level 11 will contain only one dwelling
unit of 8,000 square-feet. Levels 12 –13 will be a two-story, approximately 14,000 square-foot
penthouse dwelling. This new building will be separated from the existing hotel building by 10 feet
and will be set back 12 feet from the west property line.
The new building is proposed to be 128 feet in height to the highest roof deck. There will
be only two dwelling units above the maximum 100-foot height set by the Tourist District. Beach
by Design allows additional height above the 100-foot allowable to a maximum of 150 feet if
certain provisions of the Design Guidelines are met.
The first requirement is that additional density is being allocated through a Transfer of
Development Rights or by bonus hotel rooms/units from the bonus pool established by Beach by
Design. This application includes a request for the Transfer of Development Rights of two
dwelling units from 850 Bayway Boulevard. The proposal is in compliance with the criteria of
Section 4-1403 for the Transfer of Development Rights. There is a reasonable relationship
between the additional height above 100 feet and the number of units above 100 feet.
The second requirement is that this proposal must meet the requirements of Section B.2.b
of the Design Guidelines of Beach by Design. This new building represents the third building over
100 feet in height within 800 feet (the two buildings to the north are approximately 157 feet in
height). The requirement introduces a 40% solid (60% open) building envelop above 100 feet and
the restriction on floorplate size. The applicant has provided information that the proposed
building is only 32% of the building envelope above 100 feet. It is also noted that portion of the
new building above 100 feet is 200 feet from the closest adjacent building to the north. The
building meets the floorplate square footage limitations.
The new building, as viewed from South Gulfview Boulevard, is designed with an
undulating façade, including the parking levels. The building at Level 5 is stepped back vertically
and horizontally from the parking levels, in a curved configuration. A landscaped sun deck is
provided on the north side of the building, providing an outdoor area for the clubrooms and hotel
rooms facing this deck. A landscaped sun deck also is provided on the south side of the building
where a pool will be provided. The three hotel rooms and three residential condominium levels
rise to a roof level of 100 feet. The two penthouse dwelling units on Levels 11 – 13 are further
stepped back on the south side. The proposal includes a pinnacle focal point, a maximum of 16
feet from the highest roof deck for the top, two-story penthouse unit to provide visual interest for
the building.
The existing hotel is planned to be renovated on the exterior to provide a new image
compatible with the new building. With the reconfiguration of the room width modules, balconies
will be extended, new railing glass will be installed, stucco lintels will be added, arched decorative
features will be added, decorative steps in the façade profile will be provided and new roof
pavilions will be constructed as part of the makeover. The porte cochere and the restaurant
closest to South Gulfview Boulevard will be remodeled with arches and a new tiled roof will be
added. A new façade for the restaurant closest to the water will be constructed. Building colors
will be consistent.
Community Development 2005-01-18 15
The proposal includes a reduction to the front (north) setback from 15 feet to 3.52 feet (to
existing pavement) and a reduction to the side (east) setback from 10 feet to 2.95 feet (to existing
pavement). Pursuant to Sections 3-1202.A.3 and 3-1401.B.3 of the Code, the Code requires
bringing the existing parking lots and site into compliance with the parking and landscape
provisions. The proposal is to retain the existing parking area along South Gulfview Boulevard for
only the eastern portion at the existing 3.52-foot dimension. Parking lot pavement will be removed
north of the existing middle driveway to provide a 23-foot wide landscape area. The new building
is proposed to meet the required 15-foot setback requirement. Landscaping will be installed along
the South Gulfview Boulevard frontage to visually enhance the site. The proposal includes
retaining the parking lot pavement in its present location along the east side adjacent to
“Shephard’s.” Landscaping will be upgraded along this property line. The entire site and surface
parking lot will be landscaped to meet Code requirements.
The site today has three driveways on South Gulfview Boulevard. The middle and eastern
driveways will be retained in their present location for the surface parking lot, providing for truck
delivery and tour bus maneuverability. The western driveway, which is at the signalized
intersection of South Gulfview Boulevard and Hamden Drive, is to be reconstructed as a circular
drive providing access to the first level of the parking garage. Garage access to Levels 2, 3 and 4
on the east side of the new building is by a one-way drive from the surface parking area and the
middle driveway.
The proposal includes a deviation to allow direct access to a major arterial street for both
the overnight accommodation and attached dwelling uses. With this particular site, no other
roadway access is available, which makes the approval of the deviation necessary.
Based on the proposed uses for this site, a total of 317 parking spaces are required. A
total of 390 parking spaces are being provided, through surface parking (71 spaces) and garage
parking (319 spaces). The applicant is proposing 46 parking spaces for the general public, for a
fee, on the first level of the parking garage. There are an additional 27 parking spaces for guest
parking for the residential condominiums or for the hotel. Handicap parking meeting Code
provisions will be on the north side of the hotel in the surface parking lot and on each floor of the
parking garage.
The sidewalk within the South Gulfview Boulevard right-of-way will be reconstructed to a
10-foot width, in conformance with Beach by Design requirements. The proposal includes a
restaurant (Starbucks) in the new building with a sidewalk café adjacent to the circular driveway at
Hamden Drive. An existing public access sidewalk along the west property line from South
Gulfview Boulevard to the water will be retained. The pool area on the south side of the hotel will
be reconstructed with this proposal. The dumpster enclosure in the southeast corner of the site
will be reconstructed with a six-foot high masonry wall consistent in material and color as the main
building. The accessory jet-ski business will be retained in its present location in the southeast
corner of the property.
Signage for this property will be required to be brought into conformance with Code
provisions. In the T District, only a four-foot high monument-style sign is permitted, except a
six-foot high monument-style may be permitted under a Comprehensive Sign Program. The
existing location of the freestanding sign is indicated on the site plan. Freestanding signs will be
required to meet a five-foot setback requirement from the property line. Attached signage will
also be required to meet the current Sign Code provisions.
Community Development 2005-01-18 16
All applicable Code requirements and criteria including, but not limited to, General
Applicability criteria (Section 3-913) and Comprehensive Infill Redevelopment Project criteria
(Section 2-803.C) have been met.
The Development Review Committee reviewed the application and supporting materials
on June 10, August 18, October 7 and December 2, 2004. The Planning Department
recommends approval of: (1) Termination of Status of a Nonconformity for density (existing 289
rooms/units overnight accommodation use – to be converted to 241 rooms/units overnight
accommodation use and 36 dwelling units), under the provisions of Section 6-109; (2) Flexible
Development approval to permit a mixed use (241 room/unit overnight accommodation use
[including accessory restaurant, retail sales and wave runner business], 38 attached dwellings,
a restaurant and an office use) with reductions to the front (north) setback from 15 to 3.52 feet
(to existing pavement), a reduction to the side (east) setback from 10 to 2.95 feet (to existing
pavement), an increase to building height from 35 to 128 feet (to highest roof deck) with an
additional 16 feet for the pinnacle facade focal point (from highest roof deck) and with a
deviation to allow direct access to a major arterial street, as a Comprehensive Infill
Redevelopment Project, under the provisions of Section 2-803.C; and (3) Transfer of
Development Rights for two dwelling units from 850 Bayway Boulevard, under the provisions of
Section 4-1403 (TDR2004-09011) for the site at 521 South Gulfview Boulevard, with the
following bases:
Bases for Approval: 1) The proposal complies with the Flexible Development criteria as
a Comprehensive Infill Redevelopment Project per Section 2-803.C; 2) The proposal is in
compliance with other standards in the Code including the General Applicability Criteria per
Section 3-913; 3) The proposal complies with the Transfer of Development Rights per Section
3-1403; 4) The proposal complies with Beach by Design; and 5) The development is compatible
with the surrounding area and will enhance other redevelopment efforts.
Conditions for Approval: 1) That the overnight accommodation use of this property meet
the definition of the Community Development Code, with owner and guest stays not to exceed
30 days and where occupancy of rooms/units arise from a rental agreement, other agreement or
the payment of consideration. At the request of the City Manager or designee, the records of
the business shall be made available for examination to determine whether the length of stay
complies with these provisions. Failure to provide such records upon request shall be grounds
for imposition of appropriate fines, revocation of the occupational license and/or any other
enforcement afforded by law or by City regulations. A license must be obtained and maintained
from the Florida Department of Business and Professional Regulation, Division of Hotels and
Restaurants. A registration lobby operated 24 hours a day, seven days a week, shall be
maintained. This overnight accommodation portion of the development shall not be deemed
attached dwellings with individual dwelling units, nor shall rooms/units qualify for homestead
exemption or home or business occupational licenses; 2) That compliance be demonstrated on
building plans prior to the issuance of building permits indicating the number of rooms/units
approved under this application will not be exceeded with the renovation of the existing hotel
building. Hotel rooms/units may have connecting doors and separate corridor doors, but the
developer/operator shall not be permitted to rent more than the permitted number of rooms/units
in the existing renovated hotel building. Rooms/units that contain more than one room shall not
have double (face to face) connecting doors. Such room’s/unit’s connect door shall be a single
door with a single locking mechanism to allow for partial but not double rental of such
rooms/units; 3) That a special warranty deed, specifying the number of dwelling units being
conveyed or sold from 850 Bayway Boulevard and being transferred to this site, be recorded
prior to the issuance of any permits for this project. The special warranty deed also shall
Community Development 2005-01-18 17
contain a covenant restricting in perpetuity the use of all platted lots at 850 Bayway Boulevard
due to the transfer of development rights. Any mortgage holder of the sending site (850 Bayway
Boulevard) shall consent to the transfer of development rights prior to the issuance of any
permits; 4) That the final design and color of the building be consistent with the conceptual
elevations submitted to, or as modified by, the CDB; 5) That all proposed utilities (from the right-
of-way to the proposed building) be placed underground. Conduits for the future
undergrounding of existing utilities within the abutting right-of-way shall be installed along the
entire site's street frontages prior to the issuance of a Certificate of Occupancy. The applicant's
representative shall coordinate the size and number of conduits with all affected utility providers
(electric, phone, cable, etc.), with the exact location, size and number of conduits to be
approved by the applicant's engineer and the City's Engineering Department prior to the
commencement of work; 6) That all freestanding and attached signage meet Code provisions,
including the height and setback of any freestanding signs. The Comprehensive Sign Program
may be utilized to provide freestanding and attached signage in accordance with Code
provisions; 7) That, prior to the issuance of any permits, a letter be submitted holding the Solid
Waste Department harmless to any and all damage to architectural pavers in servicing the
dumpsters in the western driveway; 8) That the dumpster enclosure in the southeast corner of
the property meet Solid Waste Department size requirements and be consistent in exterior
material and color as the hotel building; 9) That sea-turtle friendly light fixtures be employed with
the site design, with compliance demonstrated on plans acceptable to the Environmental
Division, prior to the issuance of building permits; 10) That a condominium plat be recorded
prior to the issuance of the first Certificate of Occupancy; 11) That, prior to the issuance of the
first Certificate of Occupancy, traffic impact fees be assessed and paid; 12) That all Parks and
Recreation fees be paid prior to the issuance of any permits; 13) That all applicable
requirements of Chapter 39 of the Building Code be met related to seawall setbacks; and 14)
That all Fire Department requirements be met prior to the issuance of any permits.
Senior Planner Wayne Wells reported the applicant is in agreement with revised
conditions of approval distributed to board members.
See motion page 38.
6.
Level Two Application
Case:
FLD2004-10075 – 21557 US Highway 19 North
Owner/Applicant:
Nikjen Properties, LLC.
Representative:
Housh Ghovaee, Northside Engineering Services, Inc. (601 Cleveland
Street, Suite 930, Clearwater, FL 33755; phone: 727-443-2869; fax: 727-446-8036;
email: nestech@mindspring.com).
Location:
0.73 acre at the northeast corner of the intersection of US Highway 19 N and
Drew Street.
Atlas Page:
282A.
Zoning District:
Commercial (C).
Request:
Flexible Development approval to permit retail sales and services with a
reduction to the front (west) setback from 25 to 15 feet (to pavement), a reduction to the
front (south) setback from 25 to 9.5 feet (to pavement), a reduction to the side (north)
setback from 10 to five feet (to building and pavement) and reductions to the side (east)
setback from 10 to five feet (to building) and from 10 feet to one foot (to sidewalk), and
an increase in building height from 25 to 38 feet (to roof peak for decorative architectural
design), and a reduction in required parking from 44 to 36 spaces, as a Comprehensive
Infill Redevelopment Project, under the provisions of Section 2-704.C, and to allow two
Community Development 2005-01-18 18
landscape islands to be less than eight feet wide (from back of curb to back of curb) as a
Comprehensive Landscape Program, under the provisions of Section 1202.G.
Proposed Use:
Retail sales and services.
Neighborhood Associations:
Clearwater Neighborhoods Coalition (Doug Williams,
President, 2544 Frisco Drive, Clearwater, FL 33761; phone: 727-725-3345;
email:djwe@gte.net).
Presenter:
Michael H. Reynolds, AICP, Planner III.
This 0.73-acre site is on the north side of Drew Street, within the northeast corner of US
Highway 19 North and Drew Street. The surrounding land use is commercial, consisting of auto
sales, retail services, a car wash, an express oil change, and a church building. An outside
prayer area, with chairs, is located within the church parking lot immediately north of the
proposed new building site. The site presently is vacant. A gas station and asphalt surface
area occupied this site prior to demolition/razing.
This site is at the intersection (northeast corner) of two heavily traveled corridors, US
Highway 19 N and Drew Street. The surrounding land uses generate heavy traffic, adding to a
high volume of motor vehicles traveling in different directions.
The proposal is to establish a retail sales shopping center on this site. The application is
seeking setback reductions, an increase in building height, a reduction in parking, and a
reduction in landscape island width. All of these requests are necessary in order to make this
site work for an 8,687 square-foot retail shopping center building. Considerable landscaping is
proposed to improve this site, which will also help toward visual harmony along the US 19 N and
Drew Street corridors. A Comprehensive Landscape Program application has been filed.
The south (front) elevation will have a cementitious coating finish and decorative foam
banding. A varied roof height will accent the design. Numerous decorative features provide for
an attractive building design. The building height is proposed at 38 feet to the highest point of
the roof. The elevation facing US Highway 19 N will have cream or beige colors with pink
accents and green roofing and awnings.
Proposed landscaping includes a variety of plant species, including crape myrtles and
sabal palms. Waste removal will be by pick-up from a dumpster. The dumpster will be located
within an enclosure with a gate, at the southeast corner of the building.
The Development Review Committee reviewed the application and supporting materials
on December 2, 2004. The Planning Department recommends approval of the Flexible
Development request to permit retail sales and services with a reduction to the front (west)
setback from 25 to 15 feet (to pavement), a reduction to the front (south) setback from 25 to 9.5
feet (to pavement), a reduction to the side (north) setback from 10 to five feet (to building and
pavement) and reductions to the side (east) setback from 10 to five feet (to building) and from
10 feet to one foot (to sidewalk), and an increase in building height from 25 to 38 feet (to roof
peak for decorative architectural design), and a reduction in required parking from 44 to 36
spaces, as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-
704.C, and to allow two landscape islands to be less than eight feet wide (from back of curb to
back of curb) as a Comprehensive Landscape Program, under the provisions of Section
1202.G. for the site at 21557 US Highway 19 N with the following bases and conditions.
Bases for Approval: 1) The proposal complies with the Flexible Development criteria as
a Comprehensive Infill Redevelopment Project per Section 2-704.C; 2) The proposal is in
Community Development 2005-01-18 19
compliance with other standards in the Code including the General Applicability Criteria per
Section 3-913; 3) The proposal is compatible with the surrounding area and will enhance
redevelopment efforts.
Conditions of Approval: 1) That a revised landscape plan be submitted, acceptable to
Planning staff, prior to any building permit issuance; 2) That all Fire Department concerns be
addressed prior to building permit issuance; 3) That approved SWFWMD and FDOT (Florida
Department of Transportation) permits or letters of exemption be provided prior to building
permit issuance; 4) That prior to building permit issuance, provide copies of the approved FDOT
right-of way permit for all work to be performed within the right-of-way and the approved DEP
permit for installation of the sanitary sewer extension; 5) That a Traffic Impact fee to be
assessed and paid prior to issuance of Certificate of Occupancy, by the applicant; 6) That all
proposed on-site utilities, including electric, phone and cable television, be located underground;
and 7) That all signage meet Code, or be proposed through a Comprehensive Sign Program
application.
See motion page 38.
7. Case:
FLD2004-02010 – 503 Marshall Street Level Two Application
Owner/Applicant:
1504 Garden Inc.
Representative:
Hashim Sullaiman (1504 N. Garden Avenue, Clearwater, FL 33755;
phone: 727-542-2629; fax: 727-813-910-1285; email: hsullaiman@aol.com).
Location:
0.18 acre at the southeast corner of Marshall Street and North Fort Harrison
Avenue.
Atlas Page:
268B.
Zoning District:
Commercial (C).
Request:
Flexible Development approval to permit retail sales within an existing two-
story commercial building with a reduction to lot area from 10,000 square-feet to 7,720
square-feet, a reduction to lot width (west) from 100 to 50.81 feet, reductions to the front
(north) setback from 25 t to 19 feet (to existing and proposed building) and from 25 to
five feet (to proposed pavement), a reduction to the front (west) setback from 25 to 15
feet (to proposed pavement) and reductions to the side (south) setback from 10 feet to
one foot (to existing and proposed building) and from 10 to zero feet (to proposed
pavement), as a Comprehensive Infill Redevelopment Project, under the provisions of
Section 2-704.C, and a reduction to the landscape buffer along the south property line
from five to zero feet and a reduction in the width of the required foundation landscaping
adjacent to the building (west side) from five to 3.75 feet, as part of a Comprehensive
Landscape Program, under the provisions of Section 3-1202.G.
Proposed Use:
Retail sales and services.
Neighborhood Associations:
Old Clearwater Bay Neighborhood Association (Vicki
Morgan, 301 Cedar Street, Clearwater, FL 33755; phone: 727-461-1995; email:
vmorgan@tampabay.rr.com); North Myrtle Avenue Association (Tom Selhorst, 1010
Blanche B. Littlejohn Trail, Clearwater, FL 33755; phone: 727-443-3699); North
Greenwood Association, Inc. (Jonathan Wade, 908 Pennsylvania Avenue, Clearwater,
FL 33755; phone: 727-461-5291); Clearwater Neighborhoods Coalition (Doug Williams,
President, 2544 Frisco Drive, Clearwater, FL 33761; phone: 727-725-3345; email:
Djw@gte.net).
Presenter:
Wayne M. Wells, AICP, Planner III.
At their September 21, 2004, meeting, the CDB continued this request to their October
19, 2004, meeting. Issues identified by the CDB were the proposed architecture and color of
Community Development 2005-01-18 20
the building and that the shared parking agreement was insufficient to provide required parking
should the shared parking agreement be dissolved. At the request of the applicant, the CDB
continued this request to November 16, 2004. The CDB granted a continuance to December
14, 2004, to allow the applicant to resolve parking concerns. In order to resolve parking
concerns, the applicant will resubmit plans to go back to the CDB on January 18, 2005, and
requests a continuance to that meeting.
The subject 0.18-acre parcel is at the southeast corner of Marshall Street and North Ft.
Harrison Avenue. The property is currently developed with a two-story commercial building
(presently vacant) on the eastern portion of the site and an attached dwelling building (duplex –
presently vacant) on the western portion of the site. The only parking area for this site is north
of the two-story commercial building, which requires vehicles to back into Marshall Street.
The proposal is to demolish the duplex residential building on the western portion of the
site in order to provide for the construction of a parking lot for eight parking spaces and to improve
the existing two-story commercial building for a retail sales and service uses. All existing parking
spaces that require vehicles to back into Marshall Street will be removed and converted to a
landscaped area. A retention pond is proposed within the landscape buffer area adjacent to North
Ft. Harrison Avenue. Two small additions to the two-story commercial building are proposed, one
on the north side (approximately three feet by 19 feet) and one on the west side (approximately
seven feet by 30 feet). The applicant has a recorded shared parking agreement with the property
to the south (currently a closed restaurant) for 11 parking spaces to provide for required parking.
This off-site adjacent parking area is proposed to be upgraded prior to the issuance of the
Certificate of Occupancy for the subject building.
As stated above, the northern building addition will help square off the building’s
northern façade for both floors. The western building addition will provide for a new first-floor
building entry and provide for a required secondary egress for the second floor. The façade of
the building will be improved and modernized through these building additions. The building will
be painted yellow with white pilasters and forest green trim. The new western first-floor entry
and the proposed stairway to the second floor will be improved with a forest green canvas
awning.
With the demolition of the duplex on the western portion of the site and the construction
of the parking lot, the visual appeal of the site will be greatly enhanced through complete
landscaping of the site. Perimeter buffers are proposed along both street frontages, where
none exist today.
In order for the site to work, the applicant is requesting a number of reductions from the
development standards of the Code. This site has been developed for a long period of time in
its current configuration. The parcel is only 7,720 square-feet in area and has only 50.81 feet of
lot width along North Ft. Harrison Avenue, whereas the Code requires 10,000 square-feet of lot
area and a lot width of 100 feet for retail sales and service uses. These reductions are
minimized due to the location of the existing two-story building on the extreme eastern portion of
the site and the shared parking agreement for 11 parking spaces on the lot adjacent to the
south. The applicant is requesting a reduction to the front (north along Marshall Street) setback
from 25 feet to 19 feet (to the existing and proposed building). The existing two-story building is
nonconforming to required front and side setbacks. Code nonconformity provisions require
additions to meet the required Code setbacks, unless reductions are approved through
appropriate procedures. The additions are necessary to provide functionality for the building
and to square off the building’s façade.
Community Development 2005-01-18 21
The applicant is proposing a reduction to the front (west) setback along North Ft.
Harrison Avenue from 25 feet to 15 feet (to the proposed pavement). Along this portion of North
Ft. Harrison Avenue there do exist buildings and pavement closer to the front property line. This
proposed setback to pavement provides sufficient area for site beautification, while still
providing for other required site improvements. In order to construct the on-site parking lot to
meet Code numerical and dimensional standards, and since the lot is only 50.81 feet wide
(north/south dimension), the proposal now includes a reduction to the landscape buffer along
Marshall Street from 10 feet to five feet, while still minimizing the landscape buffer along the
south property line. Much like the proposed front setback reduction for the building additions,
the same nonconforming provisions of the Code apply to the building addition adjacent to the
south property line. The existing building is approximately one-foot from the south property line.
The applicant is requesting to reduce the side (south) setback from 10 feet to one-foot in order
to construct the western building addition. The applicant is also requesting a reduction to the
required setback and perimeter buffer along the south property line to zero feet to construct the
proposed parking lot. In order to construct the addition as proposed and the parking lot, while
providing for required handicap accessibility for the parking lot, into the building and to access
the proposed public sidewalk in the Marshall Street right-of-way, the applicant is requesting to
reduce the required foundation landscape area adjacent to the western portion of the building
from five feet to 3.75 feet. In light of all other landscape improvements to the site, this proposed
reduction is minimal and will still provide adequate planting area.
The applicant has added two parking spaces adjacent to Marshall Street, which
eliminates the need for a parking reduction (assuming the shared parking agreement is
sufficient). At the CDB meeting in September 2004, the Assistant City Attorney raised concern
with the sufficiency of the shared parking agreement. The applicant has voiced to the Planning
Department the desire to include a condition of approval where use of at least the second floor
would “cease operation” should parking on the adjacent parcel be removed or revoked by that
property owner. This type of condition has not been placed on the approval of past projects.
Such a condition would be difficult to perceive the loss of the parking spaces and also difficult to
enforce requiring a business to cease operation until required parking is provided elsewhere.
Therefore, it is more prudent to require a new shared parking agreement, acceptable to the
City’s Legal Department, be recorded prior to the issuance of any permits.
The applicant is proposing a monument-style sign a maximum of six-feet high near the
intersection of Marshall Street and North Ft. Harrison Avenue. Use of a dumpster on the
adjacent parcel to the east is proposed through appropriate agreements with the City and the
abutting property owner. This off-site dumpster will need to be upgraded with appropriate
building permits and be properly located and screened to meet City requirements prior to the
issuance of a Certificate of Occupancy for this site. Site and landscape plans will need to be
amended prior to the issuance of any building permits addressing certain zoning, landscaping
and engineering requirements.
All applicable Code requirements and criteria including, but not limited to, General
Applicability criteria (Section 3-913) and Comprehensive Infill Redevelopment Project criteria
(Section 2-704.C) have been met.
The Development Review Committee reviewed the application and supporting materials
on April 1, 2004. The Planning Department recommends approval of the Flexible Development
approval to permit retail sales within an existing two-story commercial building with a reduction
to lot area from 10,000 square-feet to 7,720 square-feet, a reduction to lot width (west) from 100
Community Development 2005-01-18 22
feet to 50.81 feet, reductions to the front (north) setback from 25 feet to 19 feet (to existing and
proposed building) and from 25 feet to five feet (to proposed pavement), a reduction to the front
(west) setback from 25 feet to 15 feet (to proposed pavement), and reductions to the side
(south) setback from 10 feet to one-foot (to existing and proposed building) and from 10 feet to
zero feet (to proposed pavement), as a Comprehensive Infill Redevelopment Project, under the
provisions of Section 2-704.C, and a reduction to the landscape buffer along the north property
line from 10 feet to five feet, a reduction to the landscape buffer along the south property line
from five feet to zero feet and a reduction in the width of the required foundation landscaping
adjacent to the building (west side) from five feet to 3.75 feet, as part of a Comprehensive
Landscape Program, under the provisions of Section 3-1202.G, for the site at 503 Marshall
Street, with the following bases and conditions:
Bases for Approval: 1) The proposal complies with the Flexible Development criteria as
a Comprehensive Infill Redevelopment Project per Section 2-704.C; 2) The proposal is in
compliance with other standards in the Code including the General Applicability Criteria per
Section 3-913; 3) The proposal is in compliance with the Comprehensive Landscape Program
criteria per Section 3-1202.G; and 4) The development is compatible with the surrounding area
and will enhance other redevelopment efforts.
Conditions of Approval: 1) That the applicant apply for City building permits for after-the-
fact interior renovations, building additions and site improvements by March 19, 2005. Failure
to submit for these permits within this time frame shall cause this Flexible Development
approval by the CDB to be null and void and cause enforcement action to be initiated again; 2)
That use of the building be for retail sales and services; 3) That the site and landscape plans be
amended prior to the issuance of any building permits to show the following: a) As part of the
site data, that a recorded shared parking agreement exists on the adjacent property to the south
for 11 parking spaces; b) Revised landscape plans addressing overall landscape requirements,
including showing the canopy of the 14-inch oak tree to be preserved, irrigation, visibility
triangles and foundation landscaping, to the satisfaction of the Planning Department; c) Provide
existing topography of the eleven parking spaces in order to provide assurance that project will
not block offsite flow nor will unaccounted surface waters contribute to system; d) Delineate
existing and proposed drainage basins on construction plans; e) Provide evidence of proper
notification to the original engineer in accordance with F.A.C. 61G15-27.001; and f) Provide
erosion and sediment discharge controls on plans; 4) That the final design of the building be
consistent with the conceptual elevations submitted, or as modified by the CDB; 5) That the site
be limited to one monument sign, at a maximum height of six feet, located outside of visibility
triangles, containing the site address and be coordinated/consistent with the color and materials
of the building; 6) That the owner/applicant immediately notify the City’s Planning Department in
writing in the event parking on the adjacent property to the south becomes unavailable for use
by the subject property. The owner/applicant of the subject property shall obtain required
parking on other property(ies) acceptable to the Planning Department through the recording of a
shared parking agreement(s). Failure to provide the required number of parking spaces for the
subject property shall be a violation of this approval and shall be subject to remedies available
to the City, including the revocation of occupational license(s); 7) That all appropriate permits be
obtained to upgrade parking on the parcel to the south and all work be completed and inspected
prior to the issuance of a Certificate of Occupancy for this site; 8) That this site share the
dumpster on the property to the east, through appropriate agreements with the City and the
abutting property owner. This off-site dumpster shall be upgraded with appropriate building
permits and be properly located and screened to meet City requirements prior to the issuance of
a Certificate of Occupancy for this site; and 9) That, prior to the issuance of a Certificate of
Occupancy, Traffic Impact Fees be determined and paid.
Community Development 2005-01-18 23
In response to a question, Mr. Wells said staff feels the shared parking arrangement is
sufficient. The revised conditions have been provided to the CDB and the applicant is in
agreement. Ms. Tarapani said these regulations remain with the land regardless of ownership.
See motion page 38.
8. Case:
FLD2004-10074 – 18940 US Highway 19 N Level Two Application
Owner/Applicant:
Highland Properties of Gulfcoast, Ltd.
Representative:
E. D. Armstrong III, Esq., Johnson, Pope, Bokor, Ruppel & Burns, LLP
(P.O. Box 1368, Clearwater, FL 33757; phone: 727-461-1818; fax 727-441-8617; e-
mail: ed@jpfirm.com).
Location:
2.87 acres on the west side of US Highway 19 N, approximately 800 feet
north of Nursery Road.
Atlas Page:
317B.
Zoning District:
Commercial (C).
Request:
Flexible Development approval to permit vehicle sales and display with a
reduction to the front (east) setback from 25 to 15 feet (to pavement), a reduction to the
side (north) setback from 10 to five feet (to existing pavement), a reduction to the side
(south) setback from 10 to six feet (to existing pavement), an increase to building height
from 25 to 26 feet (to flat roof deck) with an additional four feet for an architectural
embellishment (from roof deck) and deviations to permit the outdoor display of vehicles
and to permit direct access to a major arterial street, as a Comprehensive Infill
Redevelopment Project, under the provisions of Section 2-704.C, and a reduction to the
width of the required foundation landscaping adjacent to the building from five feet to
one foot, as a Comprehensive Landscape Program, under the provisions of Section 3-
1202.G.
Proposed Use:
Vehicle sales and display.
Neighborhood Associations:
Morningside Meadows Homeowners Association (Bill
Murray, President, 1451 Sewart Blvd, Clearwater, FL 33764; phone: 727-531-0667;
email: wsmurry@msn.com); Clearwater Neighborhoods Coalition (Doug Williams,
President, 2544 Frisco Drive, Clearwater, FL 33761; phone: 727-725-3345; email:
Djw@gte.net).
Presenter:
Keyl Groff, Planner II.
This property is on west side of US Highway 19, approximately 800 feet north of Nursery
Road. The 2.87-acre lot has approximately 250 feet of frontage on the west side of US Highway
19 North in an area largely comprised of commercial uses. The existing two-story building is
proposed for demolition. The site has some existing trees, located on the east and north
property lines. To the east and across US Highway 19 is an Acura car dealership and a multi-
family residential development. A self-storage facility borders the property to the north, west
and portions of the south. Office buildings complete the boundary to the south. Chain link
fencing and building walls from the self-storage enclose the site from the north, south and west.
The proposal includes construction of a two-story, 25,390 square-foot auto sales and
service building. The site plan proposes a reduction in asphalt and additional landscaping.
Ingress and egress is facilitated by one curb cut to US Highway 19. There are 44 parking
spaces proposed for employees and customers, including two handicap spaces. The existing
landscaping will be enhanced, which will help to improve the appearance of the site along US
Highway 19.
Community Development 2005-01-18 24
Proposed vehicle sales and display areas are located outside the building in areas
dedicated to display. Comprehensive infill in the Commercial District requires that vehicle sales
are located indoors. The applicant is asking deviation to allow vehicle sales and display
outdoors. Due to the volume of cars needed for new car sales, it is impractical to ask for indoor
only vehicle sales and display. As both display and parking are located outdoors, it is important
that display areas do not overtake required parking. Staff feels a condition to maintain proposed
parking is necessary.
The new two-story building will include sales and service components. The proposal for
the service component does not include a body shop. The proposal includes increases to
building height from 25 to 26 feet (to roof deck) with an additional four feet (from roof deck) for
architectural embellishment. The proposed building of two stories is consistent with car
dealerships in Clearwater. The applicant is requesting to increase the height of the building to a
total of four feet, from the roof deck. This four-foot high architectural embellishment is on the
side (north), and side (south) of the building and is approximately 13 feet in width.
Aside from the existing building, the site is predominantly pavement. Removing some of
the pavement in the front setback will result in a reduction of runoff. Runoff also will be reduced
by the small swale to be constructed at the rear of the site. There is no signage proposed at
this time, and the applicant will apply later for a comprehensive sign program. A dumpster,
within an enclosure and on a concrete pad, will be located on-site.
Staff is placing a condition on phone-ringers and loudspeaker systems to maintain
acceptance to general standards of development. Specifically, staff feels loudspeaker and
phone ringers would create adverse acoustic effects on residential properties. A property zoned
Medium Density Residential is sixty feet north of the Crown Audi site.
Chain link fencing and building walls from the self-storage enclose the site from the
north, south and west. Most of the bordering fencing and building walls are located on adjacent
properties except for a chain link fence located in the southwest corner of the lot. The current
fence code allows chain link fencing behind the front building line and expressly prohibits chain
link fencing in the front setback. Staff is placing a condition that portions of the chain link fence
that are on the property and do not meet code must be removed.
Landscaping for the proposed site includes an adequate number of trees and shrubs
and will improve the look of the site. Landscape will require that tree islands along the south
property lines align with existing trees prior to building permit.
The Development Review Committee reviewed the application and supporting materials
on December 2, 2004. The Planning Department recommends approval of the Flexible
Development approval for to permit vehicle sales and display with a reduction to the front (east)
setback from 25 feet to 15 feet (to pavement), a reduction to the side (north) setback from 10
feet to five feet (to existing pavement), a reduction to the side (south) setback from 10 feet to six
feet (to existing pavement), an increase to building height from 25 to 26 feet (to flat roof deck)
with an additional four feet for an architectural embellishment (from roof deck) and deviations to
permit the outdoor display of vehicles and to permit direct access to a major arterial street, as a
Comprehensive Infill Redevelopment Project, under the provisions of Section 2-704.C, and a
reduction to the width of the required foundation landscaping adjacent to the building from five
feet to one foot, as a Comprehensive Landscape Program, under the provisions of Section 3-
1202.G, for the site at 18940 US Highway 19 North, with the following bases and conditions;
Community Development 2005-01-18 25
Bases for Approval: 1) The proposal complies with the Flexible Development criteria as
a Comprehensive Infill Redevelopment Project per Section 2-704.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 proposal is compatible with the surrounding area and will enhance
redevelopment efforts.
Conditions of Approval: 1) That all vehicle display will be limited to approved areas.
Vehicle display shall not be located in any required parking spaces in any required landscape
buffers, any drive aisles or within the US Highway 19 N right-of-way; 2) That the use of outdoor
loudspeakers or phone ringer systems be prohibited; 3) That truck vehicle loading & off loading
must occur on-site; 4) That portion of south chain link fence the proceeds east of front building
line is removed; 5) That all tree trimming will be performed to ANSI A-300 standards by a
certified arborist. Provide confirmation prior to building permit; 6) That signage meet Code, be
consistent with the exterior colors and materials of the building; and 7) That a revised landscape
plan, acceptable to the Planning Department, be approved prior to the issuance of any site
improvements permit.
See motion page 38.
9. Case:
FLD2004-07053 – 900 North Osceola Avenue Level Two Application
Owner/Applicant:
Clearwater Bay Marina, LLC.
Representative:
Housh Ghovaee, Northside Engineering Services, Inc. (601 Cleveland
Street, Suite 930, Clearwater, FL 33755; phone: 727-443-2869; fax: 727-446-8036;
email: nestech@mindspring.com).
Location:
5.26 acres (3.68 acres upland and 1.58 acres submerged) located on the
west side of North Osceola Avenue at the terminus of Nicholson Street, approximately
500 feet north of Seminole Street.
Atlas Page:
277B.
Zoning District:
Downtown (D).
Downtown Plan Character District:
Old Bay.
Requests:
Flexible Development approval to permit 133 attached dwelling units and an
increase in the permitted height from 30 to 100 feet (as measured from base flood
elevation and the mean elevation of the site) under the provisions of Section 2-903.B.
Proposed Use:
133 attached dwelling units.
Neighborhood Associations:
Old Clearwater Bay Neighborhood Association (Vicki
Morgan, 301 Cedar Street, Clearwater, FL 33755; phone: 727-461-1995; email:
vmorgan@tampabay.rr.com); Clearwater Neighborhoods Coalition (Doug Williams,
President, 2544 Frisco Drive, Clearwater, FL 33761; phone: 727-725-3345; email:
Djw@gte.net);
Presenter:
Mark T. Parry, Planner III.
The site is 5.26 acres (3.68 acres upland and 1.58 acres submerged) located on the
west side of North Osceola Avenue at the western terminus of Nicholson Street, approximately
500 feet north of Seminole Street. The property has an array of existing structures including a
small wood-frame house and a two-story garage with a rental unit located along the northeast
property line fronting North Osceola Avenue. Boat repair and storage bays occupy the area
along the north property line. There are continuous open and covered boat slips in the water
along the east end of the marina. The vegetation along North Osceola Avenue is poorly
maintained. The overall site appearance is poor and is targeted for redevelopment within the
Clearwater Downtown Redevelopment Plan. Two driveways along North Osceola Avenue
currently provide the primary access to the site with one driveway each located at the northeast
Community Development 2005-01-18 26
and southeast corners of the site. The existing buildings and parking spaces will be demolished
with this proposal.
The surrounding character includes a mix of land uses. North Ward Elementary School
is located across Nicholson Street, northeast of the property. A mix of single-family and small
multi-family buildings is located along the northwest property boundary. The Seminole Street
boat-launching facility and an office/chapel are adjacent to the south of the site. Generally, the
area remains in fair condition.
The proposal includes a multi-family development with 133 attached dwellings within
four buildings. Two of the buildings will be 100 feet in height (as measured from base flood
elevation and the mean elevation of the site). One of the buildings will include 58 dwelling units
and will be located on the northwest side of the site approximately 45 feet from the side (north)
property line. The second building will be centrally located on the site along North Osceola
Avenue and will include 67 dwelling units. This building will be located approximately 120 feet
from the side (north) property line and 20 feet from the front (east) property line along North
Osceola Avenue. The remaining eight dwelling units will be located within two townhome-style
buildings along the south side of the site. These two buildings, with five dwellings units in the
easternmost building and three in the westernmost, will be 27 feet in height as measured from
the base flood elevation. The buildings will be located approximately 20 feet from the side
(south) property line.
Structured parking will be provided within the first two floors of the two towers on the
north side of the site. There will be a minimum of 212 spaces provided where 203 spaces are
required. The existing driveways along North Osceola Avenue will be removed with this
proposal. A two-way driveway will be located at the northeast corner of the site and will provide
Fire Department access to the north side of the site and resident/visitor access to the first level
of the parking garage. A second two-way driveway will be located approximately 25 feet south
of the aforementioned driveway and will provide access to the second level of the parking
garage. A third two-way driveway will be located at the southeast corner of the site and will also
provide access to the first level of the parking garage.
The proposal includes the installation of landscaping throughout and along the perimeter
of the site and will enhance the aesthetics of the site.
The two main towers include Mediterranean Revival architecture upscale and elegant in
character. All elevations incorporate intensive articulation of the fenestration and an extensive
use of windows, terraces and balconies. The proposed primary building material will be stucco
with natural earth-tone colors. The design of the west tower steps back horizontally at the
corners of the sixth floor and again vertically at the sixth floors on the north and east façades,
creating interesting elevations along the skyline. The easternmost tower provides a stepback at
the upper two floors along the north and south façades and also provides an articulation of the
fenestration. Approximately 160 feet will separate the two towers.
Solid waste services will be provided via two roll-out dumpsters at the southeast corner
of the site. All stormwater requirements have been met with this proposal.
The proposal includes renovating and retaining the existing 112 boat slips for the
exclusive use of residents and their guests. The existing boat slips will be renovated to remove
any covered docks. The existing 92 “high and dry” boat storage bays will be eliminated. This will
improve the Fire Department’s effectiveness to detain potential fires in the attached dwellings.
Community Development 2005-01-18 27
The increase in height above 30 feet is consistent with the Vision, Goals, Objectives and
Policies of the Clearwater Downtown Redevelopment Plan as outlined below and is consistent
with the criteria for a Flexible Development proposal. It is also consistent with the intent and
direction of the Design Guidelines. The Guidelines require high-rise structures in the Downtown
Plan Area to use the following techniques: 1) Building stories or/stepbacks differentiated by
architectural features including but not limited to coping, balustrades, cornice lines, change in
materials, etc. and 2) A proportional relationship between the height of a building and the
number and dimensions of stepbacks used to mitigate the height of the building.
The buildings are articulated through the use of recesses and projections to vary their
width, building stories are differentiated by architectural features including cornice lines,
balconies and coping and stepbacks are provided at the upper floors.
The Development Review Committee reviewed the application and supporting materials
on September 9, 2004 and November 12, 2004. The applicant has diligently worked with staff
over the past several months to provide an attractive, well-designed development that will
enhance the local area and City as a whole. The development will further the City’s goals of
improving the character of the area and promoting private sector investment within the
Downtown.
The proposal is in compliance with the standards and criteria for Flexible Development
approval with all applicable standards of the Community Development Code and is consistent
with the Clearwater Downtown Redevelopment Plan.
The Planning Department recommends approval of the Flexible Development
application to permit 133 attached dwelling units and an increase in the permitted height from 30
feet to 100 feet (as measured from base flood elevation and the mean elevation of the site)
under the provisions of Section 2-903.B with the following bases and conditions:
Bases for Approval: 1) The proposal complies with the Flexible Development criteria as
a Comprehensive Infill Redevelopment Project per Section 2-903.B; 2) The proposal is in
compliance with other standards in the Code including the General Applicability Criteria per
Section 3-913; 3) The proposal is in compliance with the Vision, Goals, Objects and Policies of
the Clearwater Downtown Redevelopment Plan and the Old Bay character district; 4) The
proposal is in compliance with the Downtown Design Guidelines; and 5) The development is
compatible with the surrounding area and will enhance other redevelopment efforts.
Conditions of Approval: 1) That the final design and color of the building be consistent
with the conceptual elevations submitted to (or as modified by) the CDB, and be approved by
Staff; 2) That a Transportation Impact Fee be paid, prior to the issuance of a Certificate of
Occupancy; 3) That Open Space and Recreation Impact Fees be paid prior to the issuance of
any building permits or final plat (as applicable), whichever occurs first; 4) That all Fire
Department requirements be met prior to the issuance of any permits; 5) That the emergency
access roadway along the north side of the site, including the emergency vehicle turn-around,
meets the requirements of the Clearwater Fire Department prior to the issuance of any permits;
6) That all Traffic Department requirements be met prior to the issuance of any permits; 7) That
a SWFWMD and/or FDEP permit be submitted to Staff prior to the issuance of any building
permits; 8) That easements over the outfall pipes that conduct offsite drainage be granted to the
City prior to the issuance of any building permits; 9) That the developer/applicant be responsible
for the cost of any design or construction modifications to Lift Station No. 12 as a result of the
Community Development 2005-01-18 28
proposed development and that the costs of such modifications be paid prior to the issuance of
any permits and/or any such modifications be made prior to the issuance of the first Certificate
of Occupancy; 10) That the developer/applicant be responsible for the cost of modifying the
curb and providing improved access from North Osceola Avenue to Lift Station No. 12. The
access shall be designed to the satisfaction of the City Engineer prior to building permit and
shall provide for proper storm water drainage control and safe pedestrian passage; 11) That all
signage meet the requirements of Code and be limited to attached signs on the canopies or
attached directly to the building and be architecturally-integrated with the design of the building
with regard to proportion, color, material and finish as part of a final sign package submitted to
and approved by Staff prior to the issuance of any permits which includes: a) All signs fully
dimensioned and coordinated in terms of including the same color and font style and size; b) All
signs be constructed of the highest quality materials which are coordinated with the colors,
materials and architectural style of the building; and c) That all proposed utilities (from the right-
of-way to the proposed building) be placed underground. Conduits for the future
undergrounding of existing utilities within the abutting right(s)-of-way shall be installed along the
entire site's street frontage prior to the issuance of a Certificate of Occupancy. The applicant's
representative shall coordinate the size and number of conduits with all affected utility providers
(electric, phone, cable, etc.), with the exact location, size and number of conduits to be
approved by the applicant's engineer and the City's Engineering Department prior to the
commencement of work; 12) That the CDB approve a preliminary plat at the February 15, 2005
Community Development Board meeting; 13) That evidence of filing of a final plat with Pinellas
County be submitted to and approved by Staff prior to the issuance of any permits; and 14) That
all utility equipment including but not limited to wireless communication facilities, electrical and
water meters, etc. be screened from view and/or painted to match the building to which they are
attached, as applicable prior to the issuance of a Certificate of Occupancy.
Planner Mark Parry reported the applicant is in agreement with the revised conditions,
which were provided to the CDB.
See motion page 38.
10. Case:
FLD2004-05037 – 400 Jones Street Level Two Application
Owner/Applicant:
Osceola Jones Properties, LLC.
Representative:
Thomas Coates, Osceola Jones Properties, LLC (411 Cleveland
Street, Unit 210, Clearwater, FL 33755; phone: 727-446-0020; fax: 727-446-7531; email:
coatesthomas@earthlink.net).
Location:
3.84 acres generally located on the west side of North Fort Harrison Avenue
bound by Jones Street to the south, Georgia Street to the north and Clearwater Harbor
to the west. The subject site, consisting of two parcels to be joined together through a
unity of title prior to the issuance any building permits, is bifurcated by North Osceola
Avenue creating two parcels, Parcel A (Island View) and Parcel B (Harrison Village).
Atlas Page:
277B.
Zoning District:
Downtown (D).
Downtown Plan Character District:
Old Bay.
Requests:
Flexible Development approval to permit 191 attached dwelling units, a
reduction in required parking from 371 parking spaces (1.5 spaces per dwelling unit and
4 spaces per 1,000 square-feet GFA for non-residential uses as required by Code) to
343 spaces (1.5 spaces per dwelling unit or 290 spaces, 2.55 spaces per 1,000 square-
feet GFA for office uses or 53 spaces and zero spaces for the retail uses), an increase in
the permitted height from 30 to 150 feet to the roof and up to 174 feet to architectural
embellishments for the portion of the site on the west side of North Osceola Avenue, an
Community Development 2005-01-18 29
increase in height from 30 to 50 feet to the roof and up to 58 feet to architectural
embellishments for the portion of the site on the east side of North Osceola Avenue and
an increase of the permitted density from 145 dwelling units to 191 dwelling units by
using 45 dwelling units from the Clearwater Downtown Redevelopment Plan Public
Amenities Incentive Pool, as a Comprehensive Infill Redevelopment Project, under the
provisions of Section 2-903.C.
Proposed Use:
Mixed use (191 attached dwelling units and approximately 20,000
square feet of retail and office uses).
Neighborhood Associations:
Old Clearwater Bay Neighborhood Association (Vicki
Morgan, 301 Cedar St, Clearwater, FL 33755; phone: 727-461-1995; email:
vmorgan@tampabay.rr.com); Clearwater Neighborhoods Coalition (Doug Williams,
President, 2544 Frisco Drive, Clearwater, FL 33761; phone: 727-725-3345; email:
Djw@gte.net).
Presenter:
Mark T. Parry, Planner III.
Senior Planner Mark Parry reported the applicant is in agreement with the revised
conditions, which were provided to the CDB.
Member Coates declared a conflict of interest and recused himself.
The site is 3.85 acres generally located on the west side of North Fort Harrison Avenue
bound by Jones Street to the south, Georgia Street to the north, and Clearwater Harbor to the
west. The subject site, consisting of two parcels to be joined together through a unity of title
prior to the issuance any building permits, is bifurcated by North Osceola Avenue creating two
parcels, Parcel A (Island View) and Parcel B (Harrison Village).
Parcel A is on the west side of North Osceola Avenue, approximately 150 feet north of
Jones Street and includes 2.88 acres. Parcel A had been developed with four buildings
between two and three stories in height built between 1900 and 1935. The buildings, all of
which were in varying states of disrepair (one of which was condemned by the City), have
recently been demolished.
Parcel B is 0.97 acres and is bound by North Fort Harrison and North Osceola avenues
to the east and west, respectively and Jones and Georgia Streets to the south and north,
respectively. Property located at 301 North Osceola Avenue (located on the east side of North
Osceola Avenue approximately 80 feet north of Jones Street) is not a part of the development.
The southwest side of Parcel B has been developed with four, two-story buildings totaling
11,139 square-feet, constructed between 1925 and 1939. The Salvation Army has developed
the remainder of Parcel B with eight buildings, constructed between 1924 and 1992. Two of the
buildings are used for transient residential purposes, with the remainder of the buildings used
for social services, offices, etc. The buildings are generally in good condition. A total of four
driveways, with two driveways along Osceola Avenue (north), one driveway along Osceola
Avenue (west) and one driveway along Jones Street (south), currently provide access to the
site. The existing buildings, driveways and parking spaces will be demolished with this
proposal.
The proposal includes 50 attached dwellings within a single building, 150 feet in height,
centrally located on the site. The building will be located approximately 20 feet from the front
(east) property line along North Osceola Avenue, five feet from the side (north) property line, 10
feet from the side (south) property line, and 60 feet from the rear (west) property line.
Community Development 2005-01-18 30
A total of 79 parking spaces will be provided on Parcel A. Robotic, handicap-compliant
structured parking, consisting of 68 spaces will be provided within the first three floors of the
high-rise building. Robotic parking is a new concept in the United States. The particular system
proposed with this development works, in brief, by the user driving onto a platform from which
the vehicle will not leave until the driver retrieves the vehicle. The driver exits the vehicle and it
is moved automatically into the most convenient space within the garage. Nine additional
surface parking spaces will be provided, with six spaces located at the northeast corner of the
site, and one handicap space located at the southeast corner of the building, and two parallel
spaces on the west side of the site. Two additional spaces will be located on the ground floor of
the building. The Code requires that between one (50 spaces) and 1.5 (75 spaces) parking
spaces per dwelling unit be provided. The proposal includes a total of 79 spaces, providing an
excess of three spaces for use by residents and/or guests of residents of either Island View or
Harrison Village across North Osceola Avenue to the east. The one existing driveway will be
removed from Osceola Avenue. An ingress-only and egress-only driveway system from North
Osceola Avenue will serve the site.
The proposal includes installation of landscaping around the perimeter of the site
consistent with the intent of the Code and Master Streetscape and Wayfinding Plan, including
India hawthorn, variegated pittosporum, viburnum and sabal palms.
The main entrance to the high-rise building will be along North Osceola Avenue and
incorporates arched elements, canopies, balconies, and an extensive use of windows. The
proposed materials will be painted stucco, with natural colors, and a terra cotta tile roof. The
increase in height above 30 feet is consistent with the Vision, Goals, Objectives and Policies of
the Clearwater Downtown Redevelopment Plan as outlined below and is consistent with the
criteria for a Flexible Development proposal. The Design Guidelines contained in the
Clearwater Downtown Redevelopment Plan requires high-rise structures to use the following
techniques: 1) Building stories or/stepbacks differentiated by architectural features including but
not limited to coping, balustrades, cornice lines, change in materials, etc., and 2) A proportional
relationship between the height of a building and the number and dimensions of stepbacks used
to mitigate the height of the building.
The building is articulated through the use of recesses and projections to vary its width,
building stories are differentiated by architectural features including cornice lines, balconies and
coping and stepbacks are provided at the upper floors. While the main roof extends to 150 feet
in height, architectural embellishments, including a cupola and parapet walls extend up to an
additional 24 feet providing additional visual interest. The area is characterized by several taller
buildings, including the Church of Scientology’s Sandcastle (approximately 70 feet), and the
Osceola Inn (approximately 60 feet) to the south and Belvedere Apartments (approximately 70
feet) to the west and south. The remainder of the buildings in the area range in height from 15
to 35 feet. Consistent with the Design Guidelines, the building incorporates articulation of the
fenestration along the front (north, south and west) and side (east) facades. In addition, several
stepbacks are provided, including a stepback of eight feet at the sixth floor (approximately 60
feet) on the north and south sides, a stepback of eight feet at the tenth floor (approximately 100
feet) on the east and west sides, and a large stepback, of approximately 30 feet, on the west
façade at the first floor. This results in extensive negative and positive space on all sides of the
building, adding to the visual aesthetics. In addition, the water-facing side of the building utilizes
the same level of detail and architectural embellishments as the front of the building facing
North Osceola Avenue.
Community Development 2005-01-18 31
Solid waste services will be provided via one dumpster at the southwest corner of the
site. All stormwater requirements have been met with this proposal with the site.
The proposal includes 141 attached dwellings and 20,194 square-feet of non-residential
(retail, restaurant and office) uses within a building 50 feet in height. The building will occupy
almost the entire site and will be located between 10 and 15 feet from the front (east) property
line along North Fort Harrison Avenue, between 16 and 23 feet along Georgia Street, 15 to 20
feet along Jones Street, and 12 to 16 feet along North Osceola Avenue. A covered arcade is
located along North Fort Harrison Avenue, between four and eight feet from the east property
line. The building will wrap around, and be approximately seven feet from an abutting property
at the southwest side of the site.
All non-residential uses will be along North Fort Harrison Avenue and at the corners of
Georgia and Jones streets and North Fort Harrison Avenue. Approximately 15,500 square-feet
of retail (12,000 square-feet) and office (3,000 square-feet) space will be on the ground floor
and 4,900 square-feet of office space on the second floor. The entrances to the commercial
spaces will be along North Osceola Avenue. Townhomes will be along Jones and Georgia
streets and North Osceola Avenue. The entrances to the townhomes will be directly from these
streets. Apartments, accessible from the interior of the site, will be on the upper floors.
Robotic structured parking will provide 264 spaces which, with the three extra spaces
located on Parcel A, provides for 1.5 spaces per dwelling unit (212 spaces) and 55 spaces for
staff and owners of the commercial and office uses (2.75 spaces per 1,000 square-feet of gross
floor area). The occupants of the office space also will use the 55 spaces. The garage will be
accessed via North Osceola Avenue, approximately 260 feet south of Georgia Avenue. A total
of 23 on-street parking spaces will be provided to serve the retail component of the
development, with nine on-street parking spaces provided along Jones Street and 14 on-street
parking spaces provided on North Fort Harrison Avenue. These spaces are adequate as the
proposed retail uses are not intended to act as a destination point for shoppers outside of
residents in the neighborhood. It is expected that most users of the retail space will walk in from
the surrounding neighborhood and from this development itself.
Drop-off areas for deliveries for the retail spaces will be designated along North Fort
Harrison and Jones Street. The drop-off area along Jones Street will be suitable for moving
vans/trucks. A bus parking/drop-off space will be provided on North Forth Harrison Avenue
along the northeast side of the site. In addition, drop-off/loading areas will be provided on each
side of the drive serving the parking garage from North Osceola Avenue for shoppers and
guests of residents.
The proposal includes the addition of landscaping around the perimeter of the site
consistent with the intent of the Code and with the Master Streetscaping and Wayfinding Plan
included in the Clearwater Downtown Redevelopment Plan, including Medjool Palms, India
hawthorn, variegated pittosporum, viburnum, and sabal palms.
Two interior courtyards will provide stormwater facilities, gardens, a gazebo, swimming
pool with deck, and a children’s play area for residents. A private clubhouse for use by
residents and their guests is located along Jones Street.
The façades of this building will complement the building located on Parcel A (Island
View), incorporating similar arched elements, canopies, balconies, and an extensive use of
windows, as part of a Mediterranean-revival style of architecture. The proposed materials will
Community Development 2005-01-18 32
be painted stucco with bright natural colors, metal railings, and terra cotta tile roofs. The
increase in height above 40 feet is consistent with the Clearwater Downtown Redevelopment
Plan as outlined above, which allows an additional ten feet of height to be used for any project
using density from the Public Amenities Incentive Pool. It also is consistent with the criteria for
a Comprehensive Infill Redevelopment Project. The overall height of the building (50 feet) is
similar to several other buildings in the vicinity, including the Church of Scientology’s Sandcastle
(approximately 70 feet), the Osceola Inn (approximately 60 feet) to the south, and Belvedere
Apartments (approximately 70 feet) to the west and south. The remainder of the buildings in the
area range in height from 15 to 35 feet. While the main roof extends to 50 feet in height,
architectural embellishments including clock towers and parapet walls extend up to an additional
eight feet, providing additional visual interest.
The design of the building is consistent with the intent and direction of the Design
Guidelines of the Clearwater Downtown Redevelopment Plan. The façade of the building along
all street frontages is highly articulated and accented by various architectural details, including
fenestration, awnings, and balconies. An arcade along North Fort Harrison Avenue is located
between four and eight feet from the property line along that street. The portions of this façade
include a stepback of four feet at approximately 30 feet (third floor), while other portions of the
façade are entirely setback from the property line approximately 10 feet. That same level of
articulation of the fenestration occurs on all street frontages.
Solid waste services will be provided via a fully enclosed compactor on the west side of
the site along North Osceola. All stormwater requirements have been met with this proposal
with the site.
There are a number of outstanding enforcement issues associated with this site,
specifically with regard to Parcel A (Island View). These issues primarily deal with overgrown
lot, hazardous buildings, etc. and will be rectified with the implementation of this proposal. In
addition, the applicant has demolished all of the buildings on Parcel A.
The site is within the Old Bay character district of the Clearwater Downtown
Redevelopment Plan. The Clearwater Downtown Redevelopment Plan recommends that this
area be fully redeveloped with a mix of residential and limited neighborhood commercial and
office uses. Specifically, it recommends the redevelopment of the Old Bay with a variety of
densities and housing styles. This strategy has been identified as a way to stimulate the
redevelopment of property in the area and to reposition the Downtown as a viable economic
entity in the region.
To assist in the transformation of Downtown Clearwater into a quality place in which to
live, work and play, the Clearwater Downtown Redevelopment Plan establishes a Public
Amenities Incentive Pool of 2,296 dwelling units and 2,119,667 square-feet of floor area for non-
residential uses. The applicant is proposing the use of 45 dwelling units from the Public
Amenities Incentive Pool. The amenity provided by this development in order to justify the
Public Amenities Incentive Pool include the provision of streetscaping along North Fort Harrison
and Osceola avenues and Jones and Georgia streets. The streetscaping will include 23 on-
street parking spaces along North Fort Harrison Avenue and Jones Street, all sidewalks
improved with interlocking pavers, solid waste containers, benches and gas streetlights, and
extensive landscaping, including Medjool Date and sabal palms, India hawthorn, viburnum, and
crepe myrtle. These improvements will match those outlined in the City’s Master Streetscape
and Wayfinding Plan. Finally, the development will include the widening of North Osceola
Avenue (which the City will designate as two-way between Jones and Georgia Streets) by two
Community Development 2005-01-18 33
feet to improve traffic flow. These improvements will support both the development of this
vibrant mixed-use project and other developments within the Downtown Plan area. The
Clearwater Downtown Redevelopment Plan establishes criteria against which proposals to be
located within the Plan boundaries are measured and are discussed later. This proposal is
consistent with the Plan.
Parcel A (Island View), on its own, is entitled to a density of up to 50 dwelling units per
acre because it is over two acres in area. Parcel B (Harrison Village), on its own, is entitled to a
density of up to 25 dwelling units per acre because it is less than two acres in area. Separately,
the two sites would be able to be developed with up to 121 dwelling units. The applicant is
proposing to join the two sites together through a unity of title subsequent to City approval of
this application and prior to the issuance of any building permits. Together, the two sites are
3.85 acres and have a maximum permitted density of up to 50 dwelling units per acre, or 192
dwelling units. The applicant also is proposing 20,194 square-feet of non-residential floor area
with the development. The Old Bay character district has a floor area ratio (FAR) of 0.5. The
proposed floor area of non-residential area requires 40,388 square-feet of land area, which is
subtracted from the total land area of 167,509 square-feet. This leaves 2.92 acres of land with
development potential or 146 dwelling units. A total of 191 dwelling units are proposed for the
development, requiring 45 dwelling units to be used from the Public Amenities Incentive Pool.
The Clearwater Downtown Redevelopment Plan specifies that the Community
Development Board (CDB) will review projects, which seek to make use of the Public Amenities
Incentive Pool.
The proposal is consistent with the Vision, Goals, Objectives and Policies of the
Clearwater Downtown Redevelopment Plan including: 1) Vision: Downtown will be an integrated
community with a mix of retail, residential, office and recreational opportunities. The
development of a variety of residential projects to attract new residents to Downtown is critical to
the success of a revitalized Downtown. This project will provide neighborhood-scale retail uses,
urban residential uses, a streetscape, which will match the City’s Master Streetscape and
Wayfinding Plan, buildings located along and oriented towards all abutting streets and furthers
this vision statement; 2) Vision: Fort Harrison and Osceola Avenues should be redeveloped as
pedestrian oriented streets and in conjunction with Cleveland Street form the major retail core
Downtown. This project will provide neighborhood-scale retail uses, urban residential uses and
furthers this vision statement. In addition, the installation of a streetscape, which matches the
City’s Master Streetscape and Wayfinding Plan will contribute towards a pedestrian oriented
atmosphere; 3) Vision: Quality urban design is critical to new construction and renovated
buildings. The proposed buildings incorporate a Mediterranean-influenced style of architecture.
The building utilizes high-quality materials such as stucco and a terra cotta barrel tile roof.
Attractive architectural detailing, including the use of coping and trim bands, will add to the
aesthetic quality of the building. The buildings will be painted attractive bright earth-tone colors
and will include an extensive use of stepbacks and articulation of the fenestration; 4) Goal 1:
Downtown shall be a place that attracts people for living, employment and recreation. The City
shall encourage redevelopment that will attract residents and visitors to Downtown as a
recreation, entertainment and shopping destination. This project will provide a density of just
over 50 dwellings per acre and is a pioneering mixed-use project for downtown within the Old
Bay character district. The residential and commercial uses created by this project will further
this goal of creating a vibrant downtown; 5) Objective 1A: All development within Downtown
shall further the goals, objectives and policies of this Plan and shall be consistent with the
character districts, the design guidelines and the Downtown zoning district. The proposal
provides 191 attached dwellings and approximately 20,000 square-feet of office and retail space
Community Development 2005-01-18 34
as part of an attractive mixed-use development; 6) Objective 1E: A variety of businesses are
encouraged to relocate and expand in Downtown to provide a stable employment center, as
well as employment opportunities for Downtown residents. The development provides for
approximately 20,000 square-feet of new retail and office space helping to provide a stable
employment center and additional employment opportunities; 7) Objective 1G: Residential uses
in Downtown are encouraged with a variety of densities, housing types and affordability
consistent with the character districts. The development includes 191 dwelling units with a
variety of types including low-rise and high-rise apartments, villas, and townhomes. Floor plans
range from one to four bedrooms, between 1,000 square-feet and 2,400 square-feet in living
area and prices ranging from $250,000 to $425,000; 8) Objective 1H: The City shall use all
existing incentives to encourage Downtown housing and shall evaluate other incentives to
encourage residential uses to locate Downtown. The Clearwater Downtown Redevelopment
Plan provides a pool of development potential from which projects may acquire additional
dwelling units. This project includes using 45 dwelling units from that pool to achieve the
desired density for the site increasing the viability and vibrancy of the project; 9) Objective 1K:
Downtown shall be a safe environment for both residents and visitors by addressing real and
perceived public safety issues. The immediate area, with some notable exceptions, is
characterized by low-quality, attached dwellings generally poorly maintained, which contribute to
a real and perceived impression of a lack of safety. The redevelopment of this site with
attractive high-quality structures and the influx of additional residents and shoppers will improve
the appearance of the area, contributing to a safer environment; 10) Objective 2A: The
Downtown street grid should be maintained to provide multiple access points in and through
Downtown, to assist in dispersing traffic on various routes and contribute to improved traffic
operations. Vacation of streets shall be evaluated based on redevelopment potential provided
alternative access exists or can be provided. The existing grid system will not be affected by
the proposal and takes advantage of a relatively low traffic volume along North Osceola Avenue
by locating the principle access points to both sides of the project from that street contributing to
improved traffic operations along North Fort Harrison Avenue. Additionally, North Osceola
Avenue will be widened and designated as a two-way street in the vicinity of this site; 11)
Objective 2H: A variety of parking solutions for motorized and non-motorized vehicles shall be
pursued to support redevelopment while maintaining ease of access and parking throughout the
Downtown. The proposal includes a new concept in structured parking called “robotic parking.”
The particular system proposed with this development works essentially by the user driving onto
a platform. The driver exits the vehicle and it is moved automatically into the most convenient
space within the garage. The vehicle will not leave that platform until the driver retrieves it; 12)
Objective 2I: Redevelopment and public improvements shall create and contribute to pedestrian
linkages throughout the Downtown. The proposal includes the provision of new 20-foot wide
sidewalks complete with nine-foot wide landscape islands along North Fort Harrison Avenue, a
five-foot wide sidewalk along North Osceola Avenue and George Street, with a four-foot wide
landscape island, and a four-foot wide sidewalk along Jones Street. The design of the
streetscaping along all streets will match the components of the City’s Master Streetscaping and
Wayfinding Plan; 13) Goal 3: Create Downtown as a memorable place to be enjoyed by
residents and visitors that capitalizes on Clearwater’s waterfront location, natural resources,
built environment and history. The project will effectively increase density within the Old Bay
character district while providing for an attractive streetscape through commercial uses, striking
buildings, new sidewalks and landscaping; 14) Objective 3D: Redevelopment is encouraged to
create a vibrant Downtown environment containing a variety of building forms and styles that
respect Downtown’s character and heritage. The proposal includes a building that will
complement the existing pattern of development along Osceola Avenue. The stepbacks will
result in the appearance to a passerby on the street of a building in harmony with other
buildings in the area; 15) Policy 1: The design guidelines establish the quality and design
Community Development 2005-01-18 35
features expected for renovation, redevelopment and new construction in Downtown with which
all projects must be consistent. The proposal is consistent with the Design Guidelines by
incorporating a detail-rich Mediterranean-revival style of architecture utilizing high-quality
materials including stucco and terra cotta barrel tile roofs. The design also incorporates
extensive use of stepbacks and articulation of the fenestration and a variety of architectural
details such as balconies, railings, awnings, a covered arcade, coping, parapet walls, etc.; 16)
Policy 2: The character of each district shall be reinforced through the site plan and design
review process. Projects shall be consistent with and contribute positively to the vision of the
character district in which it is located. Staff has worked diligently with the applicant to help
create a development consistent with the vision of the Old Bay character district, which provides
for a mixed-use development supporting the Downtown employment base with residential,
limited neighborhood commercial, and office uses. The high-rise located on Parcel A is
consistent with the portion of the character district vision, which provides for an opportunity for
higher-density residential uses along Clearwater Harbor west of Osceola Avenue; 17) Policy 3:
The design of all projects in Downtown shall make meaningful contributions to the pedestrian
environment through site and building design. The design of the site and buildings contributes
to the pedestrian environment by providing an active streetscape including wide sidewalks,
fountains, public art, seating, lush landscaping, shade provided by awnings, and an arcade and
ground-floor commercial spaces; 18) Policy 6: The City shall establish a Public Amenities
Incentive Pool that provides density and intensity increases for projects located in all character
districts, except as limited in Old Bay, in excess of the allowable maximum development
potential based on a provision of selected amenities. To overcome the numerous constraints
affecting redevelopment, the Clearwater Downtown Redevelopment Plan establishes the Public
Amenities Incentive Pool, consisting of 2,296 dwelling units and 2,119,667 square-feet of floor
area for non-residential uses, available to all property within the Plan area. This provides an
opportunity for the private sector to gain additional development potential while assisting the
public to achieve its redevelopment goals for Downtown Clearwater. This development utilizes
45 dwelling units from the pool. The amenity provided with the application is a streetscape to
match the City’s Master Streetscape and Wayfinding Plan; 19) Policy 19: Residential
development shall provide appropriate on-site recreation facilities based on the scale of the
project. Amenities for the site include a clubhouse with gym, meeting spaces, a swimming pool,
hot tub, gardens, fountains, a koi pond, and children’s play area; and 20) Policy 25: The City
shall give priority to sidewalk construction within Downtown that enhances pedestrian linkages
and/or completes a continuous sidewalk system on all streets. The proposal includes generous
sidewalks along North Fort Harrison and Osceola avenues and Jones and Georgia streets. The
sidewalks will include interlocking pavers, benches, shaded arcades (along North Fort Harrison
Avenue only), solid waste containers, and gas streetlights matching the City’s Master
Streetscape and Wayfinding Plan.
The proposal also is consistent with Old Bay character district Policies including: 1)
Policy 1: The Public Incentives Amenities Pool shall not be available to any property located on
the west of Osceola Avenue between Eldridge Street and the northern boundary of the Old Bay
character district. The subject site is located south of Eldridge Street and the development uses
45 dwelling units from the Public Amenities Incentive Pool; 2) Policy 7: New development on
North Fort Harrison Avenue shall be oriented toward the street to encourage pedestrian activity
and a dynamic street life. The proposal includes a new development oriented towards all
abutting streets including North Fort Harrison Avenue. Commercial uses are located along
North Fort Harrison Avenue and residential uses face all streets; 3) Policy 9: Mixed-use
development that has office and retail uses on the first floor and residential uses above are
encouraged along North Fort Harrison Avenue. The proposal includes office and retail uses on
the first floor along North Fort Harrison Avenue with residential uses above; and 4) Policy 11:
Community Development 2005-01-18 36
Preferred housing styles east of Osceola Avenue are single-family detached and townhouses.
Attached dwellings in this area may be considered upon assembly of at least one acre and
preferably one city block. The proposal includes a land assemblage of almost four acres and
more than 90% of a City block.
The Development Review Committee reviewed the application and supporting materials
on October 7, 2004, and December 2, 2004. The applicant has worked with staff over the past
several months to provide an attractive, well-designed development that will enhance the local
area and City as a whole. The development will further the City’s goals of improving the
character of the area and promoting private sector investment within the Downtown.
The proposal is in compliance with the standards and criteria for Flexible Development
approval for Comprehensive Infill Redevelopment Project use, with all applicable standards of
the Community Development Code and is consistent with the Clearwater Downtown
Redevelopment Plan.
The Planning Department recommends approval of the Flexible Development
application to permit 191 attached dwelling units, a reduction in required parking from 371
parking spaces (1.5 spaces per dwelling unit and 4 spaces per 1,000 square-feet GFA for non-
residential uses as required by Code) to 343 spaces (1.5 spaces per dwelling unit or 290
spaces, 2.55 spaces per 1,000 square-feet GFA for office uses or 53 spaces and zero spaces
for the retail uses), an increase in the permitted height from 30 feet to 150 feet to the roof and
up to 174 feet for architectural embellishments for the portion of the site on the west side of
North Osceola Avenue, an increase in height from 30 feet to 50 to the roof and up to 58 feet for
architectural embellishments for the portion of the site on the east side of North Osceola Avenue
and an increase of the permitted density from 145 dwelling units to 191 dwelling units by using
45 dwelling units from the Clearwater Downtown Redevelopment Plan Public Amenities
Incentive Pool, as a Comprehensive Infill Redevelopment Project, under the provisions of
Section 2-903.C. with the following bases and conditions:
Bases for Approval: 1) The proposal complies with the Flexible Development criteria as
a Comprehensive Infill Redevelopment Project per Section 2-903.C; 2) The proposal is in
compliance with other standards in the Code including the General Applicability Criteria per
Section 3-913; 3) The proposal is in compliance with the Vision, Goals, Objects and Policies of
the Clearwater Downtown Redevelopment Plan and the Old Bay character district; 4) The
development is compatible with the surrounding area and will enhance other redevelopment
efforts; 5) The proposal is consistent with the Downtown Design Guidelines.
Conditions of Approval: 1) That the nonresidential uses proposed to be located on the
site be consistent with the permitted uses listed within the Community Development Code and
the Clearwater Downtown Redevelopment Plan; 2) That the final design and color of the
building be consistent with the conceptual elevations submitted to (or as modified by) the CDB,
and be approved by Staff; 3) That a Transportation Impact Fee be paid, prior to the issuance of
a Certificate of Occupancy; 4) That all proposed utilities (from the right-of-way to the proposed
building) be placed underground. Conduits for the future undergrounding of existing utilities
within the abutting right(s)-of-way shall be installed along the entire site's street frontages prior
to the issuance of a Certificate of Occupancy. The applicant's representative shall coordinate
the size and number of conduits with all affected utility providers (electric, phone, cable, etc.),
with the exact location, size and number of conduits to be approved by the applicant's engineer
and the City's Engineering Department prior to the commencement of work; 5) That all Fire
Department requirements be met, prior to the issuance of any permits; 6) That all Traffic
Community Development 2005-01-18 37
Department requirements be met, prior to the issuance of any permits; 7) That all signage meet
the requirements of Code and be limited to attached signs on the canopies or attached directly
to the building and be architecturally-integrated with the design of the building with regard to
proportion, color, material, and finish as part of a final sign package submitted to and approved
by Staff prior to the issuance of any permits which includes; 8) All signs fully dimensioned and
coordinated in terms of including the same color and font style and size; 9) All signs be
constructed of the highest quality materials which are coordinated with the colors, materials and
architectural style of the building; 10) That evidence of filing of a Unity of Title with Pinellas
County is submitted to and approved by Staff prior to the issuance of any permits; 11) That a
right-of-way permit be secured prior to any work performed in the public right-of-way; 12) That
the first building permit be applied for within one year (January 18, 2005) of CDB approval; 13)
That the final Certificate of Occupancy be obtained within two years of issuance of the first
building permit; 14) That the boundary of the project/right-of-way along the southwest side of the
site along North Osceola Avenue on the survey and all supporting site plans are corrected prior
to the issuance of any building permits; 15) That North Osceola Avenue will be improved per
City standards to accommodate two-way traffic between Jones Street and Georgia Street to the
satisfaction of Staff prior to the issuance of the first Certificate of Occupancy; 16) That all utility
equipment including but not limited to wireless communication facilities, electrical, and water
meters, etc. be screened from view and/or painted to match the building to which they are
attached, as applicable prior to the issuance of a Certificate of Occupancy; 17) That all
streetscaping along Harrison Village be installed to the satisfaction of staff prior to the issuance
of the first Certificate of Occupancy for Harrison Village; and 18) That all streetscaping along
Island View be installed to the satisfaction of staff prior to the issuance of the first Certificate of
Occupancy for Island View.
Acting Member Dennehy moved to recommend approval of Item #F1, Case ANX2004-
08013 for 25191 U.S. Highway 19 North, Item #F2, Case LUZ2004-08006 for 25191 U.S.
Highway 19 North, and Item #F3, Case DVA2004-00003 for 25191 U.S. Highway 19 North,
subject to Bases for Approval as listed, approve Item #F4, Case FLD2004-08061 for 25191 U.S.
Highway 19 North, subject to Bases for Approval and Conditions of Approval as listed, approve
Item #F5, Cases FLD2004-04025/TDR2004-09011 for 521 South Gulfview Boulevard, subject to
Bases for Approval and Conditions of Approval as listed, and approve Item #F6, Case
FLD2004-10075 for 21557 U.S. Highway 19 North, subject to Bases for Approval and
Conditions of Approval as listed, Item #F7, Case FLD2004-02010 for 503 Marshall Street,
subject to Bases for Approval and Conditions of Approval as listed, Item #F8,Case FLD2004-
10074 for 18940 U.S. Highway 19 North, subject to Bases for Approval and Conditions of
Approval as listed, and Item #F9, Case FLD2004-07053 for 900 North Osceola Avenue, subject
motioncarried
to conditions as listed. The was duly seconded and unanimously.
Acting Member Dennehy moved to remove Item #F10 from the Consent Agenda and
motion
that a presentation be made. The was duly seconded.
It was remarked that a separate vote is required due to one member declaring a conflict
of interest. Acting Member Dennehy stated his motion was unintentional and withdrew it. The
seconder agreed.
Member Milam moved to approve Item #F10, Case FLD2004-05037 for 400 Jones
motion
Street, subject to Bases for Approval and Conditions of Approval as listed. The was
duly seconded. Members Gildersleeve, Johnson, Milam, Tallman, and Acting Board Member
carried.
Dennehy voted “Aye.” Member Coates abstained. Motion
Community Development 2005-01-18 38
The CDB recessed from 2:58 to 3:09 p.m.
G. LEVEL TWO APPLICATION
(Item 1):
1. Cases:
FLD2004-04029/TDR2004-08009/PLT2004-00004 – 605 Poinsettia Avenue
Owner/Applicant:
Florence Enterprises, LLC.
Representative:
Patricia Stough, Patti the Architect, Inc. (1634 San Roy Drive, Dunedin,
FL 34698: phone: 727-733-3769; fax: 727-733-3769; email: parch@gate.net).
Location:
0.26 acre on the east side of Poinsettia Avenue, approximately 300 feet north
of Bay Esplanade (north of Clearwater Beach Recreation Complex).
Atlas Page:
258A.
Zoning District:
Tourist (T).
Request:
(1) Flexible Development approval to permit eight attached dwellings
(townhomes) with a reduction to the front (west) setback from 15 to 11.3 feet (to
building), reductions to the rear (east) setback from 20 to 8.52 feet (to the northeast
corner of the ground floor of the building), from 20 to 5.52 feet (to ground floor stoop)
and from 20 to 8.02 feet (to second through fourth floor balconies), an increase to
building height from 35 to 37 feet (to roof deck) with an additional four feet for perimeter
parapets (from roof deck) and an additional 12.67 feet for a roof top pavilion (from roof
deck) and to permit parking that is designed to back into the public right-of-way, as a
Comprehensive Infill Redevelopment Project under the provisions of Section 2-803.C,
(2) Transfer of Development Rights for one dwelling unit from 200 Brightwater Drive,
under the provisions of Section 4-1403 (TDR2004-08009) and (3) Preliminary Plat
approval for eight townhome lots (PLT2004-00004).
Proposed Use:
Eight attached dwellings (townhomes).
Neighborhood Associations:
Clearwater Beach Association (David MacNamee, 827
Mandalay Ave., Clearwater, FL 33767; phone: 727-446-5801; email: dmacnav@att.net);
Clearwater Neighborhoods Coalition (Doug Williams, President, 2544 Frisco Drive,
Clearwater, FL 33761; phone: 727-725-3345; email: Djw@gte.net).
Presenter:
Wayne M. Wells, AICP, Planner III.
Ms. Dougall-Sides said Item #G1 was not included on the Consent Agenda due to letters
of objection received by the City. As these objections have been rescinded by the concerned
parties, the item can be considered as part of the Consent Agenda.
The irregularly shaped site is 0.26 acre on the east side of Poinsettia Avenue,
approximately 300 feet north of Bay Esplanade (north of Clearwater Beach Recreation
Complex). The site is within the Old Florida District of Beach By Design, which has been
designated for multi-family townhomes and condominiums of low to mid-rise building heights.
The immediate vicinity is almost entirely composed of attached dwellings and small motels of
one- to two-story. Building styles generally resemble architecture from the 1950s and appear to
have been expanded.
The site currently is developed with a one-story residential building of three units. The
site has 174.65 feet of frontage along Poinsettia Avenue. The irregularity of the site is due to
having 59.77 feet of depth on the north side, while having 70.84 feet of depth on the south side,
producing a triangulation on the rear portion of the site. A church is located to the south. A City
park is located to the west across Poinsettia Avenue. Overnight accommodation uses abut to
the north and east, and otherwise dominate the surrounding area. All existing site
improvements will be removed as part of the site’s redevelopment.
Community Development 2005-01-18 39
The proposal includes constructing an eight-unit, three-story (over ground-level garage
parking) residential building of townhomes. The property is proposed to be subdivided to allow
each unit to be sold fee simple. A total of seven dwelling units are permitted for the subject
property, based on the maximum of 30 units per acre. The applicant is proposing the utilization
of one dwelling unit through the Transfer of Development Rights from 200 Brightwater Drive
(which is the maximum of 20% of the maximum number of dwelling units allowed by Section 4-
1402 of the Code).
The site’s irregular shape and shallowness of depth produce design challenges. The
southern four units are approximately 2.5 feet deeper than the northern four units, due to the
rear triangulation of the site. The southern four units will be 2,379 square-feet of air-conditioned
floor area, while the northern four units will be 2,227 square-feet of air-conditioned floor area.
Each unit will allow for one garage parking space, as well as one parking space in the
driveway. The proposal includes a reduction to the front setback from 15 to 11.3 feet (to
building). The front of the building will be set back 19.5 feet on the ground level to provide
adequate distance for the off-street parking of vehicles, without extending into the proposed
public sidewalk. Balconies on the front and rear of the building will provide visual interest to the
building. The proposal includes a reduction to the rear setback from 20 to 8.52 feet (to the
northeast corner of the ground floor of the building), from 20 to 5.52 feet (to ground floor stoop)
and from 20 to 8.02 feet (to second through fourth floor balconies). Due to the shallowness of
the lot depth and the triangulation of the rear lot line, the depth of the northern four units is
approximately 36.5 feet on the ground level, whereas the southern units are approximately 39
feet deep. Given this site’s irregularity, the reductions to the front and rear setbacks are
acceptable. The proposal does not include any reduction of the required side setback of 10
feet.
The proposed Mediterranean architecture will complement the design of the church to
the south. The pink hibiscus wall color, coupled with the buttercup blend of barrel tile roof, is
consistent with the color palate under Beach by Design. The trim, fascia, and railings will be
white. Bay windows on the north and south sides of the building will provide visual interest to
those elevations.
The proposal includes the ability for parking to back into the right-of-way, which is not
allowed by Code except for detached dwellings. Townhomes function much like detached
dwellings and the CDB has approved other townhome projects on local roadways on a case-by-
case basis. This site’s locational characteristics are acceptable for this parking arrangement.
The proposal includes a minimal increase to building height from 35 to 37 feet (to roof
deck), with an additional four feet for perimeter parapets (from roof deck) and an additional
12.67 feet for a roof top pavilion (from roof deck). The proposed building of three stories over
ground level parking is consistent with that envisioned by Beach by Design for this area. Code
provisions allow parapet walls to extend a maximum of 30 inches above the roof deck. The
applicant is requesting to increase the parapet to a total of four feet from the roof deck. The roof
is usable outdoor space for each unit. This parapet will screen from view rooftop air condensing
units and will be in proportion with the building façade. The proposal also includes an open
pavilion for the center two units on the front of the building that will be 12.67 feet in height (from
roof deck to peak of the pavilion roof) for architectural embellishment and to provide visual relief.
Code provisions allow, and the proposal includes, elevator towers, and stair towers to be a
maximum of 16 feet above the roof deck. The proposed stair/elevator towers will be equal in
height to the proposed rooftop pavilion.
Community Development 2005-01-18 40
The landscape plan utilizes a groundcover (aztec grass and giant liriope), shrubs (nora
grant ixora, Indian hawthorne, podocarpus, and sweet viburnum) and trees (cabbage palm,
queen palm, lady palm, and dahoon holly).
The applicant is not proposing any signs with this development. Individual black barrels
for trash collection will be stored within individual garages when not placed at the street on
collection days. A retention pond is proposed on the rear and south sides of the site. A 12-foot
radius for the 12-inch DBH oak tree to the rear of the lot needs to be shown on all plans, prior to
the issuance of any permits, for its effect on site improvements. All required Parks and
Recreation fees will be required to be paid prior to the issuance of any building permits. On-site
utility facilities (electric and communication lines) will be required to be placed underground as
part of the site redevelopment. Provisions for the placement of conduits for the future
undergrounding of existing aboveground utility facilities in the public right-of-way should be
completed prior to the issuance of the first certificate of occupancy in a manner acceptable to
the utility companies and the City.
A special warranty deed, specifying the number of dwelling units being conveyed or sold
from 200 Brightwater Drive and being transferred to this site, is required to be recorded prior to
the issuance of any permits for this project. This special warranty deed also must contain a
covenant restricting in perpetuity the use of 200 Brightwater Drive due to the transfer of
development rights.
The Development Review Committee reviewed the application and supporting materials
on June 10, 2004, and September 9, 2004. The Planning Department recommends approval of
the (1) Flexible Development application to permit eight attached dwellings (townhomes) with a
reduction to the front (west) setback from 15 to 11.3 feet (to building), reductions to the rear
(east) setback from 20 to 8.52 feet (to the northeast corner of the ground floor of the building),
from 20 to 5.52 feet (to ground floor stoop) and from 20 to 8.02 feet (to second through fourth
floor balconies), an increase to building height from 35 to 37 feet (to roof deck) with an
additional four feet for perimeter parapets (from roof deck) and an additional 12.67 feet for a
roof top pavilion (from roof deck) and to permit parking that is designed to back into the public
right-of-way, as a Comprehensive Infill Redevelopment Project under the provisions of Section
2-803.C, (2) Transfer of Development Rights for one dwelling unit from 200 Brightwater Drive,
under the provisions of Section 4-1403 (TDR2004-08009) and (3) Preliminary Plat approval for
eight townhome lots (PLT2004-00004), for the site at 605 Poinsettia Avenue, with the following
bases and conditions:
Bases for Approval: 1) The proposal complies with the Flexible Development criteria as
a Comprehensive Infill Redevelopment Project per Section 2-803.C; 2) The proposal is in
compliance with other standards in the Code including the General Applicability Criteria per
Section 3-913; 3) The proposal is in compliance with Beach by Design; and 4) The development
is compatible with the surrounding area and will enhance other redevelopment efforts.
Conditions of Approval: 1) That the final design and color of the building be consistent
with the conceptual elevations submitted to, or as modified by, the CDB; 2) That a special
warranty deed, specifying the number of dwelling units being conveyed or sold from 200
Brightwater Drive and being transferred to this site, be recorded prior to the issuance of any
permits for this project. The special warranty deed shall also contain a covenant restricting in
perpetuity the use of all platted lots at 200 Brightwater Drive due to the transfer of development
rights. Any mortgage holder of the sending site (200 Brightwater Drive) shall consent to the
Community Development 2005-01-18 41
transfer of development rights prior to the issuance of any permits; 3) That either a subdivision
plat or a Unity of Title be recorded in the public records prior to the issuance of any permits; 4)
That all plans indicate a 12-foot radius canopy for the 12-inch DBH oak tree to the rear of the
property prior to the issuance of any permits; 5) That all proposed utilities (from the right-of-way
to the proposed building) be placed underground. Conduits for the future undergrounding of
existing utilities within the abutting right(s)-of-way shall be installed along the entire site's street
frontages prior to the issuance of a Certificate of Occupancy. The applicant's representative
shall coordinate the size and number of conduits with all affected utility providers (electric,
phone, cable, etc.), with the exact location, size and number of conduits to be approved by the
applicant's engineer and the City's Engineering Department prior to the commencement of work;
6) That all Fire Department requirements be met prior to the issuance of any permits; and 7)
That all Parks and Recreation fees be paid prior to the issuance of any permits.
In response to a question, Mr. Wells said while elevations on the staff report appear to
indicate exposed concrete block, the structure will be stuccoed and painted.
Patricia Stough, representative, said regarding the letters of objection, she met with the
adjacent property owner, who was concerned this project would shadow her porch. She said
the rear setback is closer to the property line, allowing more air between the buildings. She said
noise problems are alleviated by placement of the air conditioners on the roof. The building is
accessible with stairs and elevators. In response to a question, Ms. Stough said the property
presently features apartments with long-term tenants. This project will be three stories over
parking.
Member Milam moved to approve Item #G1, Case FLD2004-04029/TDR2004-
08009/PLT2004-00004 for 605 Poinsettia Avenue, subject to Bases for Approval and Conditions
motioncarried
of Approval as listed. The was duly seconded and unanimously.
Other
Transfer of Development Rights Discussion
Ms. Clayton said the annual TDR (Transfer of Development Rights) report was
submitted to the City Council today. The Code and PPC (Pinellas Planning Council) require the
City to track TDRs, which are permitted only on Clearwater beach and in the CRA (Community
Redevelopment Agency) district. She said the CDB approved three cases in 2004: 1) Chateau
on White Sands at 15 Somerset – included TDRs taken from a Bayway Boulevard property; 2)
Delfino Bay Condominiums at 190 Brightwater – included one TDR taken from a Bayway
Boulevard site; and 3) Bayharbor Condominiums at 600 Bayway Boulevard – included three
TDRs taken from three different sites.
Ms. Clayton said staff prepared annual reports regarding the Clearwater beach resort
density pool and the Downtown public amenity incentive pool. In 2001, Beach by Design
established a pool of 600 resort units for allocation by City Council. In 2003, the first allocation
of 184 units, went to the Seashore project on Gulfview Boulevard. In 2004, the City Council
allocated another 24 units to that same project, leaving a balance of 392 units. Since the City
Council have not formally approved the Sandpearl and Patel projects, those developments are
not included in the report. On February 3, 2004, the City Council approved the new Downtown
Plan which tasked the CDB with allocating Downtown TDRs. In August 2004, the CDB
allocated 62 TDRs for a mixed used development at Station Square. She said 2,264 units are
available for allocation. In response to a question, Ms. Clayton said no building permits have
Community Development 2005-01-18 42
been issued yet for any of the Downtown TDRs. TDRs must be used within one year of CDB
approval or as specified in development orders. The pending Sandpearl project has requested
141 TDRs, leaving 251 units in the pool. If the Patel project uses its requested 250 units, one
unit would remain. Cases are reviewed as received.
Community Development Workshop
Ms. Tarapani said at its December 2004 meeting, the CDB requested a follow-up
workshop be scheduled to discuss streamlining, procedural updates, and amendments to the
Code. She recommended scheduling a two-hour follow-up workshop at 3:00 p.m. on February
9, 2005, in Council Chambers. The meeting will be publicly noticed and notices will be mailed to
all frequent user groups and neighborhood associations. The goal is to identify potential Land
Development Code issues and solutions. She requested CDB members share their concerns
and ideas with her prior to the meeting.
Consensus was to schedule a Community Development workshop from 3:00 to 5:00
p.m. on February 9, 2005, in City Council Chambers.
New employee
Ms. Dougall-Sides reported Gina Grimes, is joining the City next month as an Assistant
City Attorney.
Member comments
Economic Development & Housing Director Geri Campos and the Economic
Development staff were complimented for their efforts regarding the beach redevelopment
brochure.
It was stated the system works, as evidenced by the number of items on today’s
Consent Agenda. That agenda reflects the ability of staff and applicants to work together.
Discussion
Staff reported that letters of objection received are forwarded immediately to applicants
to provide them an opportunity to address public concerns.
Ms. Tarapani requested that CDB members contact her department prior to meetings
whenever items are missing from packets.
H. ADJOURNMENT
The meeting adjourned at 3:23 p.m.
Community Development 2005-01-18 43
r
COMMUNITY DEVELOPMENT BOARD
Meeting Date: January 18, 2005
I have conducted a personal investigation on the personal site visit to the
following properties.
Case: Address:
FLD2004-02010
V" yes
FLD2004-07053
V
503 Marshall Street
no
900 N Osceola Avenue
yes
no
FLD2004-04029/ TDR2004-08009 605 Poinsettia Avenue
t/' yes no
FLD2004-08061 25191 U.S. Highway 19 N
(rel~ to ANX2004-08013, LUZ2004-08006 and DV A2004-00003).
yes no
FLD2004-04025 / TDR2004-09011 521 South Gulfview Boulevard
v/ yes no
FLD2004-1 0074
V yes
FLD2004-05037
V yes
FLD2004-09072
V
18940 U.S. Highway 19 North
no
400 Jones Street
no
483 Mandalay Avenue
yes
no
FL~04-1 0075
21557 US Highway 19 North
no
~ Date:-D ~ 11J-oi
D B\CDB, property investigation check list.doc
COMMUNITY DEVELOPMENT BOARD
Meeting Date: January 18,2005
I have conducted a personal investigation on the personal site visit to the
following properties.
Case: Address:
FLD2004-02010 503 Marshall Street
/' yes no
FLD2004-07053 900 N Osceola Avenue
V' yes no
FLD2004-04029/ TDR2004-08009 605 Poinsettia A venue
~. yes no
FLD2004-08061 25191 u.s. Highway 19 N
(relatedjP ANX2004-08013, LUZ2004-08006 and DV A2004-00003).
~ yes no
FLD2f!94-04025 / TDR2004-09011 521 South Gulfview Boulevard
~ yes no
FLD2~94-1 0074
J yes
FLD20Q4-05037
/'yes
FL;;;;:-090n
yes
FLD20 -10075
18940 U.S. Highway 19 North
no
400 Jones Street
no
483 Mandalay Avenue
~o
21557 US Highway 19 North
no
Date: I t/1fj 05
\CDB, property investigation check list oc
r----- --
COMMUNITY DEVELOPMENT BOARD
Meeting Date: January 18, 2005
I have conducted a personal investigation on the personal site visit to the
following properties.
Case: Address:
FLD2004-02010
/' yes
503 Marshall Street
noM~ --r:1d5"
900 N Osceola Avenue
FLD2004-07053
\~es
~
no
FLD2004-04029/ TDR2004-08009 605 Poinsettia A venue
~s no
FLD2004-08061 25191 U.S. Highway 19 N
(re~ANX2004-08013' LUZ2004-08006 and DV A2004-00003).
yes no
FLD2004-04025 / TDR2004-09011 521 South Gulfview Boulevard
~es no
FLD2~10074
V yes
FLD2004-05037
~es
18940 U.S. Highway 19 North
no
072
400 Jones Street
no 5(;...4~'O- ~II(X g/.pc~p - rJ,/li..1) ~tf
~6f).K(-r /I( E:fl' c&':E.C/i. 6-~n~ ~A
483 Mandalay Avenue
no
FLD20~10075
v" yes
21557 US Highway 19 North
no
Signature: Date: /~~f
S:\Planning De rt ent\C D B\CDB, property investigation check list.doc
COMMUNITY DEVELOPMENT BOARD
Meeting Date: January 18, 2005
I have conducted a personal investigation on the personal site visit to the
following properties.
Case:
FLD~04-02010
,i yes
FLD~04-07053
j yes
Address:
503 Marshall Street
no
900 N Osceola Avenue
no
FL,2004-040291 TDR2004-08009
yes no
605 Poinsettia A venue
FLD2004-08061 25191 U.S. Highway 19 N
(reljed to ANX2004-08013, LUZ2004-08006 and DVA2004-00003).
yes no
FLD1004-04025/ TDR2004-09011 521 South Gulfview Boulevard
J yes no
FLDr004-10074
J yes
18940 U.S. Highway 19 North
no
FLDj004-05037
yes
400 Jones Street
no
FLj004-09072
yes
483 Mandalay Avenue
no
FLj004-10075
yes
Signat~
S:\Planning Department\C D B\CD
21557 US Highway 19 North
no
Date: \ \V5\OS
perty investigation check li~
COMMUNITY DEVELOPMENT BOARD
Meeting Date: January 18, 2005
I have conducted a personal investigation on the personal site visit to the
following properties.
Case: Address:
FLD2004-02010
yes
FLD2004-07053
~
503 Marshall Street
~
900 N Osceola Avenue
no
FL~040291 TDR2004-08009 605 Poinsettia A venue
yes X no
FLD2004-08061 25191 U.S. Highway 19 N
(related to ANX2004-08013, LUZ2004-08006 and DVA2004-00003).
V yes no
FLD2004-04025 / TDR2004-09011 521 South Gulfview Boulevard
yes ~ no
FLD2004-1 0074
/ yes
FLD2004-05037
Vyes
FLD2004-09072
yes
FLD2004-10075
V<;S
Signature:
S:\Plannin
. ~ Date: 1/1 '6/ o~-
epartment\C D B\CDB, property investigation check li~
18940 U.S. Highway 19 North
no
'fflP Jones Street
WV no
483 Mandalay Avenue
r/no
21557 US Highway 19 North
no