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MINUTES FOR APPROVAL - 09/16/2014COMMUNITY DEVELOPMENT BOARD MEETING MINUTES CITY OF CLEARWATER September 16, 2014 DRAFT Present: Chair Frank L. Dame, Vice Chair Norma R. Carlough, Board Member Richard Adelson, Board Member Brian A. Barker, Board Member Kurt B. Hinrichs, Board Member ponald van Weezel, Board Member Michael Boutzoukas, Alternate Board Member John Funk Also Present: Jay Daigneault - Attorney for the Board, Camilo Soto - Assistant City Attorney, Michael L. Delk - Planning & Development Director, Robert Tefft - Development Review Manager, Nicole Sprague — Official Records and Legislative Services Coordinator A. CALL TO ORDER, INVOCATION, PLEDGE OF ALLEGIANCE The Chair called the meeting to order at 1:00 p.m. at City Hall, followed by the Invocation and Pledge of Allegiance B. ROLL CALL: Chair Dame, Vice Chair Carlouqh, 1111embers Adelson. Barker, Boutroukas, Hinrichs, van Weezel, Alternate Member Funk, Citv Staff C. APPROVAL OF MINUTES OF PREVIOUS MEETING: Auqust 19, 2014 Member Carlough moved to approve the minutes of the regular Community Development Board meeting of August 19, 2014, as recorded and submitted in written summation to each board member. The motion was duly seconded and carried unanimously. Alternate Member Funk did not vote. D. CITIZENS TO BE HEARD ITEMS NOT HEARD ON AGENDA Jamie Blackstone submitted a copy of petition signatures opposing high and dry marina on N. Osceola Avenue. E. CONSENT AGENDA: The followinq cases are not contested bv the applicant, staff, neiqhborinq propertv owners, etc. and will be aaproved bv a sinqle vote at the beqinninq of the meetinq (Items 1-2): Case: FLD2014-0601 8 - 407 S. Aurora Avenue Level Two Application Owner: Yarab Holdings, LLC (Dr. Ashraf Ragab, M.D.) Agent: Robert Pergolizzi, Gulf Coast Consulting, Inc. (13825 ICOT Boulevard, Community Development 9/16/2014 Suite 605, Clearwater, FL 33760; phone: (727) 524-1818; email: pergo@gulfcoastconsulting.com) Location: 1.60 acres at the northeast corner of the Gulf to Bay Boulevard and South Aurora Avenue Atlas Page: 289A Zoning: Commercial (C) and High Density Residential (HDR) Districts Request: Flexible Development application to allow a 24,966 square foot Medical Clinic (conversion of 17,590 square feet of existing office floor area, and construction of a new 7,376 square foot building) in conjunction with an existing Office in the Commercial (C) District with a lot area of 1.1 acres; a lot width of 280.73 feet (along Aurora Avenue), 100.14 feet (along Gulf to Bay Boulevard) and 130 feet (along Hercules Avenue); front (west) setbacks of 1.4 feet (to pavement), 8.8 feet to (existing building), and 25.2 (to new building); front (east) setbacks of 15.3 feet (to pavement) and 106 feet (to proposed building); front (south) setbacks of 14.7 feet (to existing pavement) and 45 feet (to existing building); side (east) setbacks of zero feet (to existing driveway) and 13.50 feet (to existing building); and a side (south) setback of 1.5 feet (to existing pavement); building heights of 24.1 feet (to mid-point of pitched roof of new building) and 36 feet (to flat roof of existing building); and 47 off-street parking spaces as a Comprehensive Infill Redevelopment Project pursuant to Section 2- 704.E., Community Development Code, along with an existing two-unit attached dwelling and a nonconforming non-residential off-street parking lot in the High Density Residential (HDR) District which are a part of, but not being improved by, this application); as well as a reduction to the width of the west perimeter landscape buffer from 15 feet to zero feet, a reduction to the width of the north perimeter landscape buffer from 10 feet to zero feet, a reduction to the width of the south perimeter landscape buffer from 15 feet to 14.1 feet and from five feet wide to 1.1 feet, and a reduction to the width of the east perimeter landscape buffer from five feet to zero feet, and a reduction to the foundation landscape buffer from five feet to zero feet as part of a Comprehensive Landscape Program pursuant to Section 3-1402.G., Community Development Code. Proposed Use: Medical Clinic Neighborhood Associations: Clearwater Neighborhoods Coalition, Skycrest Neighborhood Association Presenter: Kevin W. Nurnberger, Planner III 2. Case: FLD2014-06019- 521 South Gulfview Boulevard Level Two Application Owner: Decade Gulf Coast Hotel Partners, LP and J.K. Gulfview, LLC. Agent: Michael J. Palmer, Synergy Civil Engineering, Inc. (3000 Gulf to Bay Boulevard, Suite 201 Clearwater, FL 33759; Phone: 727-796-1926; email: mpalmer@synergycivileng.com) Location: 4.87 acres on the south side of South Gulfview Boulevard, between Hamden Drive and Bayway Boulevard Community Development 9/16/2014 2 Atlas Page: 285A Zoning: Tourist (T) and Open Space/Recreation (OS/R) Districts Request: Flexible Development approval to amend a previously approved Level II Flexible Development application to permit an increase in intensity of use of an additional 30 overnight accommodation units under the provisions of Community Development Code Section 4-406.B. Proposed Use: Overnight Accommodations (344 units) with associated accessory uses including restaurant, meeting space, ballroom, retail, spa and gym. Neighborhood Association(s): Clearwater Neighborhood Coalition; Clearwater Beach Association Presenter: Mark T. Parry, AICP, Planner III Member van Weezel moved to approve Cases FLD2014-06018 and FLD2014-06019 on today's Consent Agenda based on evidence in the record, including the application and the Staff Report, and hereby adopt the Findings of Fact and Conclusions of Law stated in the Staff Report, with conditions of approval as listed. The motion was duly seconded and carried unanimously. Alternate Member Funk did not vote. F. LEVEL THREE APPLICATIONS (Items 11• 1. Case: DVA2014-07005- 100 Coronado Drive Level Three Application Owner: K& P Clearwater Estate LLC Aqent: J. Paul Ravmond Esa Macfarlane Ferguson McMullen (625 Cleveland Street, Suite 200. Clearwater FL 33756� phone• (727) 441-8966� email� �p�macfar.com) Location: 2.75 acres located directly south of Pier 60 befinreen Coronado Drive and South Gulfview Boulevard north of Second Street Atlas Page: 276A Zoning: Tourist (T) District Request: Review of, and recommendation to the City Council of the second amendment to the first amended and restated Development Aqreement between K& P Clearwater Estate LLC (the property owner) and the City of Clearwater Proposed Use: Overnight Accommodations Neiqhborhood Associations: Clearwater Neighborhoods Coalition� Clearwater Beach Association Presenter: Mark T. Parry AICP Planner III Planner III Mark Parry reviewed the Staff Report. In response to questions, Mr. Parry said there is a total of 450 units, including 250 overnight accommodations and 200 time share units. He said paragraph 14 of the Community Development 9/16/2014 Development Agreement reinstates the applicant's intent to reinstitute 200 time share units. Applicant Representative Attorney Michael Foley requested to incorporate the staff report and testimony into his presentation. He said there is a lot of history dating back to 2004. He said in 2012 the market conditions dictated that a hotel was a better way to go versus time share units,. He said at this point Wyndham Grand is on board as the Flag and 200 units are back in the application, that there was a modification that moved rooms around but the project looks the same. In response to questions, Mr. Foley said this is a destination resort. In 2012 his client was required to meet perFormance mile stones, all have been complied with. Member Boutzoukas moved to recommend approval of Case DVA2014-07005 based on the evidence and testimony presented in the application, the Staff Report and at today's hearing, and hereby adopt the Findings of Fact and Conclusions of Law stated in the Staff Report. The motion was duly seconded and carried unanimously. Alternate Member Funk did not vote. G. APPEALS (Items 1): 1. Case: APP2014-00003 - 703, 705 Court Street & 700 Cleveland Street Owner/Applicant: East Development Associates LLC Aqent/Representative: Brian J. Aungst Jr Esq Macfarlane Ferquson McMullen (625 Cleveland Street. Suite 200 Clearwater FL 33756� phone� (727) 441-8966� email: bj�macfar.com� Location: 1.64 acres at the southwest corner of Court Street and South Myrtle Avenue Atlas Page: 286B Zonina: Downtown (D) District Request: An appeal, pursuant to Section 4-501 A 3 Community Development Code. of the denial of a Level One (Flexible Standard Development) application to permit a retail sales and service use with a heiqht of 26 25 feet as measured from qrade to the toa of the roof deck and 55 parkinc�spaces in the Downtown (D) District under the provisions of Section 2-902 Q Community Development Code. Proposed Use: Retail Sales and Service Neiqhborhood Associations: Clearwater Neiqhborhood Coalition Presenter: Mark T. Parry AICP Planner III Mike Riordon requested Party Status. Cornmunity Development 9/16/2014 4 Member van Weezel moved to grant Mike Riordon Party Status. The motion was duly seconded and carried unanimously. Alternate Member Funk did not vote. Dimitrious Kapetanoupoulos requested Party Status. Member Boutzoukas moved to grant Dimitrious Kapetanoupoulos Party Status. The motion was duly seconded and carried unanimously. Alternate Member Funk did not vote. David Albritton requested Party Status. Member Hinrichs moved to grant David Albritton Party Status. The motion was duly seconded and carried unanimously. Alternate Member Funk did not vote. Bill Sturtevant requested Party Status. Member Carlough moved to grant Bill Sturtevant Party Status. The motion was duly seconded and carried unanimously. Alternate Member Funk did not vote. Applicant Representative Brian Aungst Jr. requested to tender 3 expert witnesses prior to the hearing. Member Barker moved to accept Wayne Wells as an expert in his field. The motion was duly seconded and carried unanimously. Alternate Member Funk did not vote. Member Hinrichs moved to accept Robert Pergolizzi as an expert in his field. The motion was duly seconded and carried unanimously. Alternate Member Funk did not vote. Member Hinrichs moved to accept Housh Govahee as an expert in his field. The motion was duly seconded and carried unanimously. Alternate Member Funk did not vote. Member van Weezel moved to accept Mark Parry as an expert witness in the fields of redevelopment planning, comprehensive planning, annexation implementation, zoning, land use/rezoning applications, land development general planning code amendments, landscape ordinance, and special area plans/overlay districts. The motion was duly seconded and carried unanimously. Alternate Member Funk did not vote. Community Development 9/16/2014 0 Planner Iil Mark Parry said the subject property is in the Clearwater powntown Redevelopment Plan area, reviewed the purposes of the Plan, and said the Downtown core character district is to have the highest level of development intensity to include a Floor Area Ratio (FAR) of 4.0. The proposal includes a one story 16,510 square foot retail sales and service use with a drive-through component and was reviewed as part of a Level One Flexible Standard Development application. The application was denied based on the proposal being a suburban style development as inconsistent with the plan's requirement for access, circulation and parking, building orientation, site coverage, and fa�ade design. In response to a question, Mr. Parry said the parameters of the downtown core is generally defined by Drew Street to the North, Myrtle Avenue. to the East, Chestnut Street to the South and it extends to Clearwater Harbor to the West. Mr. Aungst entered into evidence a packet of information. He said this area of Clearwater, including the downtown area, Alt. 19 and the East Gateway area have not recognized the development success that Clearwater Beach, the Clearwater Mall area and the Countryside area have achieved. He said the plan for this property has been submitted to the City seven times and the site plan has been redesigned 25 times, reconfiguring the location of the store on the property in an effort to gain staff's approval. He said this property is currently blighted with homeless activity and has been accruing municipal code enforcement liens of $200 per day since October 2012. He said Cleveland Street is the pedestrian thoroughfare as that is where streetscaping has been completed and Court Street is the thoroughfare to the beach and is not pedestrian friendly. Mr. Aungst reviewed other projects completed in the area by the same applicant. In response to a question, he said Walgreens wants to be on this property due to the high amount of daily traffic that passes this parcel. In response to a question, Applicant Chris Logan said there are no plans for future development at this point. Mr. Wells said that this property falls outside of what staff defined as the most intense area of downtown to be developed which is Osceola Avenue to the West, Myrtle Avenue to the East, Drew Street to the No�th and Court Street to the South. Mr. Wells said in his expert opinion this property falls outside the area proposed by staff deemed to be the most intense area for development and the proposed plan meets all the requirements of the Downtown Redevelopment Plan and the Community Development Code. He said the CDB should grant the appeal and the project would not have any detriment to the public health, safety or welfare of the citizens. Community Development 9/16/2014 0 Party Status holder Dimitrious Kapetanoupoulos said he has been at that property since 1979 and businesses there fell into hard times when the city started construction on the Memorial Causeway. Party Status holder David Albritton said he owns a business on the subject property and would move his business if it meant something nicer would be built and supports a Walgreens at this location. Party Status holder Bill Sturtevant said it is time for urban renewal. He said the buildings need to be redeveloped and this is the opportunity to take them down and replace them with an attractive property that will enhance the value of the community. Party Status holder Mike Riordon said he has been on the property since 2007 and does not believe the site is considered part of the downtown. He spoke in support of the project. Assistant City Attorney Camilo Soto said it was not staff's interpretation that they did not want a Walgreens at that location. He said the project was inconsistent with the Downtown Redevelopment Plan. In response to questions, Mr. Parry said the plan encourages an FAR of 4.0 and curb cuts are conflict points for pedestrians. The project could be tailored to comply with the Downtown Redevelopment Plan. He said the least amount of curb cuts would be ideal with one on every street front being the maximum. Mr. Parry clarified that the core of the core of the Downtown Redevelopment Plan is described as Osceola Avenue to West, Myrtle Avenue to the East, Drew Street to the North and Court Street to the South Planning and Development Director Michael Delk explained the inside of the core was to be the most intensely developed property. He said there is not a regulatory distinction between the area described by staff as the core of the core and the area where the subject property is located. He said this project is about the urban development pattern referred to in the Downtown Redevelopment Plan and that the City is in an economic growth position. He said building the correct thing will be less challenging than fixing the wrong thing. Mr. Wells said the maximum allowable FAR is 4.0, there is no minimum and that a Walgreen's is a permissible use under the Community Development Code. He said sometimes you need a project to get the ball rolling and that this project could start a process of change. In reference to the 7-Eleven that neighbors the subject property, Mr. Delk said this project came forward prior to the adoption of the Downtown Redevelopment Plan. He Community Development 9/16/2014 7 said the methodology of "what was good enough ten years ago is good enough today" is not appropriate and creating an urban downtown is challenging. Party Status holder Dimitrious Kapetanoupoulos said a lot of money has been spent on the downtown core and Cleveland Street is beautiful, but nothing has been spent on Court Street. He said the subject property is stagnant and the project would bring tax dollars to the City. Party Status holder Bill Sturtevant said this is the City's opportunity to fix its front door and a good opportunity to repair something downtown. Party Status holder David Albritton said he believes that development will draw development and thinks it will help Cleveland Street redevelopment. Party Status holder Mike Riordon said this project will make the area safer in regards to traffic as people will be slowing down to turn into the parking lot. Discussion ensued with comments made that the board should support this appeal and that the subject property is abutting the core of the core, and that this property is a victim of its location. It was said that there is no development regulation distinction regarding the downtown core and the core of the core and meeting the 3 criteria to support the appeal is not a problem. Member Adelson said he is in favor of leaving the denial in place and if approved, it would go against the Community Development Code. In response to a question, Mr. Delk said if the denial is overturned, staff would work with the developer to finalize a Level One approval. Member Hinrichs moved to grant the appeal for case APP2014-00003 and reverse the staff's development order denying the application based on the evidence and testimony presented in the application, the staff repo�t and in today's hearing and hereby make the following Findings of Fact based on said evidence: 1) that the staff's decision incorrectly interpreted the provisions of this development code and 2) that this decision is in harmony with the general intent and purpose of the Community Development Code and 3) that this decision will not be detrimental to public health, safety and general welfare, and hereby issue the Conclusions of Law that the application complies with the City Code and will be subject to the reasonable conditions as determined by staff. The motion was duly seconded. Members Barker, Carlough, van Weezel, Boutzoukas, Hinrichs and Chair Dame voted "Aye"; Member Adelson voted "Nay." Motion carried. Alternate Member Funk did not vote. Community Development 9/16/2014 Q City staff and the board thanked Member van Weezel for his service to the City and the board and wished him well. H. ADJOURNMENT The meeting adjourned at 3:33 p.m. Attest Board Reporter Chair Community Development Board Community Development 9/16/2014 9