12/14/2004
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COMMUNITY DEVELOPMENT BOARD
CITY OF CLEARWATER
December 14,2004
Present: David Gildersleeve
Alex Plisko
Shirley Moran
J. B. Johnson
Dana K. Tallman
Kathy Milam
Thomas Coates
Daniel Dennehy
Chair
Vice-Chair
Board Member
Board Member
Board Member
Board Member
Board Member
Acting Board Member
Also Present: Leslie Dougall-Sides
Cyndi Tarapani
Frank "Chip" Gerlock
Brenda Moses
Assistant City Attorney
Planning Director
Development Review Manager
Board Reporter
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The Chair called the meeting to order at 2:00 p.m. at City Hall, followed by the Invocation
and Pledge of Allegiance.
To provide continuity for research, items are in agenda order although not
necessarily discussed in that order.
C. APPROVAL OF MINUTES OF PREVIOUS MEETING: November 16, 2004
Member Moran moved to approve the minutes of the regular meeting of November 16,
2004, as submitted in written summation to each board member. The motion was duly
seconded and carried unanimously.
D. REQUEST FOR CONTINUANCE (to January 18, 2004 Meeting) (Items 1 - 2):
1.
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 located 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 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 to 19 feet (to existing and proposed building) and from 25 to 14 feet (to
proposed pavement), a reduction to the front (west) setback from 25 to 15 feet (to
proposed pavement), 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) and a
reduction to required parking from five to 4.5 spaces per 1,000 square-feet, 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
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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.
Proposed Use: Retail sales and services.
Neighborhood Associations: Old Clearwater Bay Neighborhood Association (Vicky
Morgan, 301 Cedar Street, Clearwater, FL 33755; phone: 727-461-1995; email:
vmorqanaI>.tampabav.rr.com); Clearwater Neighborhoods Coalition (Doug Williams,
President, 2544 Frisco Drive, Clearwater, FL 33761; phone: 727-725-3345; email:
DiwaI>.qte.net).
Presenter: Wayne M. Wells, AICP, Planner III.
Member Johnson moved to continue Item D1, Case FLD2004-02010 for 503 Marshall
Street to January 18, 2004. The motion was duly seconded and carried unanimously.
2.
Case: FLD2004-07053 - 900 North Osceola Avenue Level Two Application
OwnerlApplicant: 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: nestechaI>.mindsprinq.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 (Ms. Vicki Morgan,
301 Cedar St, Clearwater, FL 33755; phone: 727-461-1995); Clearwater Neighborhoods
Coalition (Mr. Doug Williams, president, 2544 Frisco Drive, Clearwater, FL 33761;
phone: 727-725-3345; email: DiwaI>.qte.net);
Presenter: Mark T. Parry, Planner III.
Member Plisko moved to continue Item D2, Case FLD2004-0705 for 900 North Osceola
Avenue to January 18, 2004. The motion was duly seconded and carried unanimously.
E. 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 - 8):
1.
Case: FLD2004-05041 - 37 Causeway Boulevard Level Two Application
Owner: City of Clearwater.
Applicant: Clearwater Beach Seafood Co. dba Crabby Bill's Clearwater.
Representative: Stephen R. Fowler, AlA, Fowler Associates Architects, Inc. (1421 Court
Street, Suite D, Clearwater, FL 33756; phone: 727-449-2021; fax: 727-447-5339; email:
fowlerarchaI>.aol. com).
Location: 0.14 acre on the south side of the Clearwater Beach Roundabout at the City's
marina.
Atlas Page: 267 A.
Zoning District: Tourist (T).
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Request: Flexible Development approval to construct an awning over an existing
sidewalk cafe at an existing restaurant with a reduction to the front (north) setback from
15 to zero feet and a reduction to the side (west) setback from 10 to four feet, under the
provisions of Section 2-803.J.
Proposed Use: Awning over an existing sidewalk cafe at an existing restaurant.
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: Diw@Qte.net).
Presenter: Wayne M. Wells, AICP, Planner III.
The proposal is to add an awning over the existing sidewalk cafe located on the north side
of the existing Crabby Bill's restaurant. The awning will be set back the same distance from the
front (north) and side (west) property/lease lines as the existing sidewalk cafe. This awning will
provide protection to cafe diners from rain, sun and birds and will not add any additional seats
generating any additional parking needs. The color of the fabric awning will be consistent with the
color palate of the restaurant building and of the marina (blue roofs). In addition to the protective
measure the awning will provide, the awning is consistent with Beach by Design by encouraging
outdoor cafe activities and a more dynamic and active street life. All applicable Code
requirements and criteria including, but not limited to, General Applicability criteria (Section 3-913)
and restaurant criteria (Section 2-803.J) have been met.
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The Development Review Committee reviewed the application and supporting materials
on November 12, 2004. The Planning Department recommends approval of the Flexible
Development application to construct an awning over an existing sidewalk cafe at an existing
restaurant with a reduction to the front (north) setback from 15 to zero feet and a reduction to
the side (west) setback from 10 to four feet, under the provisions of Section 2-803.J, forthe site
at 37 Causeway Boulevard, with the following bases and conditions:
Bases for Aooroval: 1) The proposal complies with the Flexible Development criteria for
restaurants per Section 2-803.J.; 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 in
compliance with Beach by Design.
Conditions of Aooroval:1) That the color of the awning be consistent with that
approved, or modified by, the CDB; and 2) That all requirements of the Fire Department be met
prior to the issuance of any permits.
See motion page 23.
2.
Item Pulled from Consent Agenda
Level Two Application
Cases: FLD2004-09068/PL T2004-00016/SGN2004-09020 - 470, 484 and 500
Mandalay Avenue and 470,489,490 and 495 Beach Drive
Owners: Hunter Hotel Company and Mandalay Investments, LLC.
Applicant: CBR Development I, 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@iofirm.com).
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Location: 9.77 total acres (hotel site 7.36 acres; residential site 2.41 acres) located on
the west side of Mandalay Avenue between San Marco and Ambler Streets.
Atlas Page: 267 A.
Zoning District: Tourist (T).
Requests: (1) Flexible Development approval to permit a maximum of 260 overnight
accommodation units, 120 attached dwellings and 11,000 square-feet of retail sales and
services as a mixed use (with increase in density of 141 hotel rooms from the Beach by
Design density pool), with reductions to the front (east along Mandalay Avenue) setback
(between Baymont and Ambler Streets) from 15 to eight feet (to building) and from 15 to
zero feet (to pavement and waterfall feature), a reduction to the front (south along
Baymont Street) from 15 to zero feet (to pavement), a reduction to the front (north along
Ambler Street) setback from 15 to five feet (to building), a reduction to the front (east
along Mandalay Avenue) setback (between San Marco and Baymont Streets) from 15 to
zero feet (to building), a reduction to the front (south along San Marco Street) from 15 to
zero feet (to building), a reduction to the side (west) setback (Coastal Construction
Control Line [CCCL]) from 10 to zero feet (to building and pool deck) and to allow
existing and proposed improvements to remain up to 62 feet west of the CCCL, a
reduction to the side (east and north between San Marco and Baymont Streets)from 10
feet to four feet (to building), reductions to the side (east and north, north of Ambler
Street) from 10 feet to one foot (to building) and from 10 feet to one foot (to pavement),
an increase to building height from 35 to 95 feet (to roof deck) for the proposed overnight
accommodation use (with an additional 12 - 20 feet for decorative mansard architectural
embellishments), an increase to building height from 35 to 150 feet (to roof deck) for the
proposed residential building (with an additional 12 - 18 feet for decorative mansard
architectural embellishments), a reduction to required parking from 456 spaces to 431
spaces and deviations to allow stacked parking and buildings within the visibility
triangles, as a Comprehensive Infill Redevelopment Project, under the provisions of
Section 2-803.C, and to eliminate the required foundation landscaping along Mandalay
Avenue and San Marco Street, as a Comprehensive Landscape Program, under the
provisions of Section 3-1202.G; (2) Preliminary Plat approval (PL T2004-00016) for four
lots; (3) Comprehensive Sign Program approval, under the provisions of Section 3-1807
(SGN2004-09020) ;and (4) the vacation of Beach Drive (North Gulfview Boulevard)
between San Marco and Baymont Streets.
Proposed Use: Mixed use (260 overnight accommodation units at 72.22 rooms/acre on
hotel portion of site and a height of 100 feet, 120 attached dwellings at 50 units/acre on
residential/retail portion of site and a height of 150 feet and 11,000 square-feet of retail
sales and services at a FAR of 0.105 on residential/retail portion of site).
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: Diw@ote.net).
Presenter: Wayne M. Wells, AICP, Planner III.
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The 9.77 total acres (hotel site 7.36 acres [3.69 acres zoned T District; 3.67 acres zoned
OS/R District]; residential site 2.41 acres) is on the west side of Mandalay Avenue between San
Marco and Ambler Streets, along a highly developed area within Clearwater Beach and has
frontage along the Gulf of Mexico. The site is within the Destination Resort District of Beach By
Design, which represents the primary opportunity for near-term redevelopment on Clearwater
Beach because of the relative strength of the Hilton and the Clearwater Beach Hotel and the
opportunity for beachfront resort development with direct beach access. The preferred form of
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redevelopment for this area is mixed use with resort residential and hospitality uses fronting on
the Beach and retail, restaurant and residential uses fronting on Mandalay Avenue.
The overall site currently is developed with a total of 157 overnight accommodation
rooms and approximately 16,390 square-feet of commercial space fronting on Mandalay
Avenue. While there are smaller two- to three-story overnight accommodation buildings along
Beach Drive, the bulk of the overnight accommodation rooms are north of Baymont Street in the
Clearwater Beach Hotel. Both surface parking and garage parking under building are provided
for the hotel. All existing improvements (buildings, pavement, walkways and decks) will be
removed as part of the site's redevelopment, with the exception of portions of buildings north of
Baymont Street proposed to be reused as part of the proposed hotel.
In 2003, the COB (Community Development Board) approved a Termination of Status of
Nonconformity with two conditions for the existing Clearwater Beach Hotel relating to density
(137 rooms, where only 131 is allowed) and parking (98 existing spaces, where 137 spaces is
required), for the purpose of releasing a Unity of Title to redevelop the property south of
Baymont Street (FLD2003-06026, approved August 19, 2003). Also in 2004, the COB approved
Flexible Development and Comprehensive Sign Program applications with one condition for the
Clearwater Beach Hotel to be able to retain their existing signage (FLD2003-12068/SGN2003-
10020, approved January 20, 2004). All existing signage will be removed as part of the site's
redevelopment.
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The property to the south has been redeveloped into two high-rise attached dwellings
(Mandalay Beach Club). Property to the south along Mandalay Avenue is developed with tourist
commercial uses. Property to the east, south of Baymont Street, also is developed with tourist
commercial uses. North of Baymont Street, the Belle Harbor attached dwellings development
with two high-rise towers and townhomes is still under construction. Property to the north is
developed with a restaurant and overnight accommodation uses, with commercial uses along
Mandalay Avenue. The beach and Gulf of Mexico is to the west of the subject property.
The proposal includes a mixed use of a 253 overnight accommodation units (at a density
of 68.56 rooms/acre on the hotel portion of site and a height of 100 feet), 119 attached dwellings
(at a density of 49.37 units/acre on residential/retail portion of site and a height of 150 feet) and
11,000 square-feet of retail sales and services (at a FAR of 0.105 on the residential/retail
portion of site). The northern portion of the site is proposed to be redeveloped with a 253-room
hotel. The southern portion of the site is proposed to be redeveloped with 119 attached
dwelling units in two buildings and 11,000 square-feet of retail sales and services space located
on the west side of Mandalay Avenue north of San Marco Street. The overall project density
and intensity is being derived through the following:
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~ 137 rooms for the hotel are a result of the Termination of Status of Nonconformity
approved in 2003 for the existing Clearwater Beach Hotel;
~ 141 rooms for the hotel are beina rea uested from the Beach b v Desian density pool:
The above represents a maximum potential of 278 rooms/units, of which the
project proposes 253 rooms/units. The remaining 25 rooms/units are proposed
to be converted to 11,000 square-feet of retail uses. Any unused density pool
rooms/units will be returned to the City.
~ 72 dwelling units are permitted based on the maximum density of 30 dwelling units per
acre on the southern 2.41 acres devoted to residential development;
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~ 48 dwelling units are per the allocation of the Gray Settlement agreement (see Sheet 1
of 15 of the Civil Site Plan set for areater clarification as to density calculations); and
The above represents a maximum potential of 120 dwelling units, of which the
project proposes 119 dwelling units.
~ 11,000 square-feet of commercial floor area, based on a conversion of existing hotel
rooms to floor area permitted.
This project is being reviewed as one overall site, even though Baymont Street
separates it. Densities for the hotel and residential portions of this proposal exceed the
maximums of 40 rooms/units per acre for overnight accommodation uses and 30 dwelling units
per acre, respectively, due to the Gray Settlement and density pool rooms. Density calculations
for the hotel portion of the site are based on the 3.69-acre area zoned Tourist District (an
additional 3.67 acres is zoned Open Space/Recreation District). Any unused density
rooms/units for the hotel will be returned to the City's density pool as described in Beach by
Design. The proposal blends provided parking across the overall site.
The hotel portion of the proposal will be on the west side of Mandalay Avenue between
Baymont and Ambler Streets. The hotel will be accessed from Baymont Street by two
driveways. The eastern driveway accesses the porte cochere, with its valet and taxi staging
area. The western driveway will access the garage parking area under the building. Provision
ofthese two driveways will remove the existing five on-street parking spaces from the north side
of Baymont Street. Garage parking under the building also will be accessed from Ambler
Street. A truck loading/unloading and trash area also will be accessed from Ambler Street. An
existing pedestrian easement provides continued public access to the beach through the garage
parking area as an extension of Ambler Street.
The hotel is proposed to be eight feet from the Mandalay Avenue front property line and
five feet from the Ambler Street front property line. The hotel building is proposed to be 33 feet
from the Baymont Street front property line. The drive to the porte cochere is proposed 6.9 feet
from the Mandalay Avenue front property line. A waterfall feature will extend into the Mandalay
Avenue right-of-way, requiring the developer to obtain a right-of-way utilization permit prior to
the issuance of any permits. The proposed hotel building and parking is proposed within one
foot of the side (north and east) property lines north of Ambler Street. The proposal also
includes a reduction, pursuant to Section 3-905, to the side (west) setback from the CCCL
(Coastal Construction Control Line) from 10 to zero feet, to allow construction of the new
building at the CCCL. The proposal includes the construction of a portion of the pool and pool
deck west of the CCCL and the reuse and renovation of portions of existing hotel buildings in
the northwest and southwest areas of the hotel site that are west of the CCCL. The northern
building to be retained will have event rooms and restrooms. The southern building will have a
pool grill and restrooms. The Florida Department of Environmental Protection will be required to
approve of these structures (existing or proposed) west of the CCCL, with evidence of such
approval being submitted prior to the issuance of any permits. All structures will be within the
area zoned Tourist District.
The resort hotel is designed in a vernacular style of building with nine levels, at an
overall height of approximately 95 feet above BFE, with submitted plans showing 253
rooms/units. The flat roof is designed with decorative mansard architectural embellishments an
additional 12 - 20 feet above the roof deck to screen unsightly rooftop air conditioning units and
other mechanical equipment. The exterior of the building will be tan stucco, with off-white
banding and accents, bronze rails and a patina green tile roof. The lobby level (above the
ground level parking garage) will provide the hotel lobby, a spa/beach club/health club,
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restaurant, lounge and ballroom. Level 3 will provide the upper level of the spa/beach
club/health club and meeting room space. Level 4 will provide 35 rooms, while Levels 5, 6 and
7 will provide 56 rooms per floor. Levels 8 and 9 will provide 25 rooms per floor, with the ability
to sell the units on these floors as condominium hotel units. Occupancy of any hotel unit by
owners or guests will not exceed 30 days per stay. A typical hotel room by industry standards is
360 square-feet. A standard room for the proposed hotel will be approximately 450 square-feet.
In addition, there will be extended rooms and one and two bedroom suites ranging from 550 to
1,300 square-feet.
The residential/retail portion of the proposal will be on the west side of Mandalay Avenue
between San Marco and Baymont Streets. The residential/retail garage parking will be
accessed from one driveway on Baymont Street and one driveway on San Marco Street. An
existing driveway on Mandalay Avenue will be eliminated, increasing the on street parking by
three spaces on Mandalay Avenue. Provision of the driveway on San Marco Street will remove
three on-street parking spaces. This portion of the site includes the proposed vacation of Beach
Drive. Pedestrian access to the beach will be maintained through both San Marco and Baymont
Streets.
The residential/retail building is proposed to be located at the front property line of
Mandalay Avenue and San Marco Street (zero-foot setback). The placement of these one-story
retail uses next to the sidewalk will provide a more vibrant and pedestrian friendly environment
for shoppers and visitors. The proposal includes three levels of attached dwellings
(condominiums) above the retail uses in a smaller building a total of 48.5 feet from BFE to the
flat roof deck, with an additional 8 - 12 feet for decorative mansard architectural embellishments
to screen unsightly rooftop air conditioning units and other mechanical equipment. The
residential/retail building is proposed to be 18 feet from the Baymont Street front property line.
The proposal also includes a reduction, pursuant to Section 3-905, to the side (west) setback
from the CCCL from 10 feet to zero feet, to allow construction of the new building at the CCCL.
On the first floor of the parking garage 19 storage units for the condominium residents is
provided accessible from and facing the beach. On the second floor of the parking garage, 100
tenant storage units are proposed on the beach side of the building. The podium level (Level 3)
will include a pool for the residential units and will be landscaped with a variety of shrubbery,
ground covers, and trees in planters. A second residential building is proposed south of
Baymont Street with 13 levels of attached dwellings (condominiums). This residential tower is
proposed approximately 150 feet above BFE to the flat roof deck, with an additional 12 - 18 feet
for decorative mansard architectural embellishments to screen unsightly rooftop air conditioning
units and other mechanical equipment. The Planning Department determined that, since this is
being reviewed as one unified site, the increased height above 100 feet could be applied to the
residential tower. Residential units will range from 1,600 to 4,200 square-feet. The exterior of
these buildings will be shortbread stucco, with Dover white and camelback accents, lattice and
trim, bronze rails and a patina green tile roof.
The proposal complies with the intent of the Destination Resort District of Beach by
Design by providing a mixed-use project with resort residential and hotel uses fronting on the
beach and retail and residential uses fronting on Mandalay Avenue. The proposal also is in
compliance with the design guidelines B.2 and B.3 of Beach by Design on pages 57 and 58.
The Mandalay Beach Club provides two towers over 100 feet within 500 linear feet, which met
Option 1 on page 58. The residential tower closest to Baymont Street is the third tower over
100 feet in height, which must meet Option 2 on Page 58. The linear distance from Papaya
Street to Baymont Street is less than 800 feet. This now introduces a 40 percent solid (60
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percent open) building envelop above 100 feet in B.3. The applicant has indicated that the
project meets the maximum 40 percent solid envelop.
In consideration of the allocation of density pool hotel rooms/units, the developer is
proposing to improve the City rights-of-way for Mandalay Avenue, San Marco Street and
Baymont Street. These improvements include undergrounding the utilities on San Marco and
Baymont Streets, new curbs and sidewalks, construction of Baymont Street and Mandalay
Avenue to match other roads improved by the City and the installation of landscaping and street
furniture. The developer has estimated these improvements to be $861,000.
Parking for this proposal is provided on an overall site basis. There are 121 parking
spaces provided under the hotel building, which will include some stacked spaces for valet
parking, There are two levels of parking on the residential/retail parcel. The first level of
parking will provide 160 spaces for the hotel, retail and attached dwelling (condominium) use.
The second level of parking will provide 159 spaces solely for attached dwelling (condominium)
use. Parking required for the overall site has been calculated as follows:
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~ Resort hotel - Based on the parking demand study submitted and approved in 2003 as
part of the Termination of Status of Nonconformity for the existing Clearwater Beach
Hotel, 98 parking spaces are provided for the first 137 rooms (ratio of 0.715 parking
spaces per room/unit). The remaining 123 rooms/units are providing the required one
space per room/unit.
~ Attached dwellings (condominiums) - Parking is required and provided on the basis of
1.5 spaces per dwelling unit.
~ Retail Sales and Services - Code requires five parking spaces per 1,000 square-feet of
gross floor area. Parking spaces for the retail area is being provided at a ratio of 2.7
spaces per 1,000 square-feet based on the reasons stated below.
The proposal includes a reduction to the required number of parking spaces from 456 to
431 spaces. A Parking Demand Study has been submitted providing the justification for the
reduction. The proposed reduction basically centers on the retail uses, where a ratio of 2.7
spaces per 1,000 square-feet of gross floor area is provided. Retail uses are envisioned as
specialty, non-destination beach related retail shops thatwill draw their customers from
pedestrians walking along Mandalay Avenue and from the hotel and attached dwellings
proposed on-site and within the area. This reduction is consistent with other similar uses along
Mandalay Avenue and in the downtown area of Clearwater. At times when parking is operating
at peak levels, the developer will operate both the hotel parcel and the first floor of the
residential/retail parcel totally as valet parking, with the ability to generate an additional 74
stacked parking spaces.
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A Traffic Impact Study was submitted with the proposal assessing the impacts of the
proposed development on the surrounding roadway system. The findings of the Study
concludes that acceptable levels of service will be maintained with development of the proposed
hotel, attached dwellings and retail sales uses. However, the Traffic Operations Division has
determined the need for an exclusive right turn lane on Baymont Street. The City will allow the
project to proceed and be constructed, with periodic delay studies every four months for one
year after completion of the project to be conducted at the intersection of Baymont Street and
Mandalay Avenue. If the studies and the Traffic Operations Division determine that the right
turn lane is needed, then the developer will install the right turn lane at their expense (see
Exhibit I of the Development Agreement).
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A "beach club" is included as an accessory use within the resort hotel, providing
members with locker facilities, access to the spa, fitness center, meeting rooms, restaurants,
pool and the beach, with a maximum of 300 members. This proposal anticipates as many as
140 of these memberships to betaken by people living in or close to the resort hotel. The
Parking Demand Study assigns no additional parking spaces necessary for these 140
memberships. While no parking is required for this accessory use, the remaining 160
memberships from outside the area will produce a parking demand. Due to the proposed
character of the beach club, it is unlikely that all of the 160 outside members would access the
facilities at the same time. The Parking Demand Study proposes a rate of 20 percent ofthe
members using the facilities at anyone time, with a rate of one space per five memberships
used for parking demand, producing a need of 32 parking spaces. This ratio is comparable to
other clubs located in Florida (included in the Parking Demand Study). While a demand for
parking spaces has been identified, the Parking Demand Study indicates that time of day usage
characteristics of this beach club, in concert with the hotel, condominium and retail sales
parking needs, will not significantly impact parking provided on-site. Again, at times when
parking is operating at peak levels, the developer will operate both the hotel parcel and the first
floor of the residential/retail parcel totally as valet parking, with the ability to generate an
additional 74 stacked parking spaces.
The proposal includes the provision of a maximum of 57 boat slips on the east side of
Mandalay Avenue on City owned property. The City will control 19 slips, while the remaining 38
slips will be rented to resident condominium owners or be available to hotel guests. These boat
slips will be required to submit for Flexible Development approval by the CDS, with all required
information. The Parking Demand Study indicates that there will be no additional parking
required for these boat slips, as shuttle service will be provided by the hotel or residents will be
able to walk to their boats.
This proposal includes a Preliminary Plat that will replat the existing property into a total
of four lots, three lots north of Saymont Street (hotel parcel) and one lot south of Saymont Street
(residential/retail parcel). Two of the lots north of Saymont Street (hotel parcel) are zoned Open
Space/Recreation District. The proposal includes conveying to the City the westernmost lot (the
"beach property") as additional consideration for the allocation of the additional hotel
rooms/units from the hotel density pool. This "beach property" will satisfy the Recreation Facility
Land Fees and Open Space Fees assignable to the project, and will permit the City to grant
concessions on this area of the beach. The middle lot (the "upland property") will be owned by
the developer, will permit the general public continued use of this area and allow the developer
to operate concessions (sale, rental or use of equipment, products and services common to
beach use), but will not permit jet-ski or para-sail operations.
The applicant has submitted a Comprehensive Sign Program SGN2004-09020 for the
project, but only detailed two freestanding signs and one attached sign for the hotel parcel. The
concept of this Comprehensive Sign Program is acceptable, but final design of all signs must be
in substantial compliance with those included herein prior to issuance of sign permits and all
freestanding signs must be set back a minimum of five feet from the property line. No signage
was submitted for the residential/retail portion of the project and therefore signage for this
portion of the site will need to meet minimum Code requirements.
The Development Review Committee reviewed the application and supporting materials
on November 12, 2004. The Planning Department recommends approval of (1) Flexible
Development application to permit a maximum of 253 overnight accommodation units, 119
attached dwellings and 11,000 square-feet of retail sales and services as a mixed use (with
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increase in density of 141 hotel rooms from the Beach by Design density pool), with reductions
to the front (east along Mandalay Avenue) setback (between Baymont and Ambler Streets) from
15 feet to eight feet (to building) and from 15 to zero feet (to pavement and waterfall feature), a
reduction to the front (south along Baymont Street) from 15 to zero feet (to pavement), a
reduction to the front (north along Ambler Street) setback from 15 to five feet (to building), a
reduction to the front (east along Mandalay Avenue) setback (between San Marco and Baymont
Streets) from 15 to zero feet (to building), a reduction to the front (south along San Marco
Street) from 15 to zero feet (to building), a reduction to the side (west) setback (Coastal
Construction Control Line [CCCL]) from 10 to zero feet (to building and pool deck) and to allow
existing and proposed improvements to remain up to 62 feet west of the CCCL, a reduction to
the side (east and north between San Marco and Baymont Streets) from 10 to four feet (to
building), reductions to the side (east and north, north of Ambler Street) from 10 feet to one foot
(to building) and from 10 feet to one foot (to pavement), an increase to building height from 35
to 95 feet (to roof deck) for the proposed overnight accommodation use (with an additional 12 -
20 feet for decorative mansard architectural embellishments), an increase to building height
from 35 to 150 feet (to roof deck) for the proposed residential building (with an additional 12 - 18
feet for decorative mansard architectural embellishments), a reduction to required parking from
456 to 431 spaces and deviations to allow stacked parking and buildings within the visibility
triangles, as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-
803.C, and to eliminate the required foundation landscaping along Mandalay Avenue and San
Marco Street, as a Comprehensive Landscape Program, under the provisions of Section 3-
1202.G; (2) Preliminary Plat approval (PL T2004-00016) for four lots; (3) Comprehensive Sign
Program approval, under the provisions of Section 3-1807 (SGN2004-09020) ;and (4) the
vacation of Beach Drive (North Gulfview Boulevard) between San Marco and BaymontStreets,
for the site at 470, 484 and 500 Mandalay Avenue and 470, 489, 490 and 495 Beach Drive, 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 isin
compliance with other standards in the Code including the General Applicability Criteria per
Section 3-913; 3) The proposal complies with Beach by Design; and 4) The development is
compatible with the surrounding area and will enhance other redevelopment efforts.
Conditions of Approval: 1 tThat approval includes 253 hotel rooms/units, a maximum of
119 attached dwelling units and a maximum of 11,000 square-feet of retail Gross Floor Area; 2)
That approval of this Flexible Development case is subject to the approval of a Development
Agreement with the City (Case DVA2004-00005); 3) That approval of this Flexible Development
case is subject to the vacation of right-of-way by the City prior to the issuance of any permits; 4)
That any unused density rooms/units for the hotel be returned to the City's density pool as
described in Beach by Design; 5) That no hotel rooms/units be deemed attached dwellings with
individual dwelling units, nor shall rooms/units qualify for homestead exemption or home or
business occupational licenses. 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; 6) That the final design and color of the
building be consistent with the conceptual elevations submitted to, or as modified by, the COB;
7) That, prior to issuance of any site development building permits, a City Right-of-Way
Utilization Permit be obtained for the proposed walls and fountain; 8) That, prior to issuance of
any site development building permits, the applicant compensate the City for the five lost street
parking spaces at $4,550 per space; 9) That, prior to the issuance of the first Certificate of
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Occupancy, traffic impact fees be assessed and paid; 10) That all Parks and Recreation fees be
paid prior to the issuance of any permits, as provided by the Development Agreement; 11) That
a Final Subdivision Plat be recorded prior to the issuance of building permits for vertical
improvements; 12) That a condominium plat be recorded prior to the issuance of the first
Certificate of Occupancy; 13) That the Comprehensive Sign Program be approved in concept,
where final design of all signs prior to issuance of sign permits be in substantial compliance with
those approved herein and where all freestanding signs be set back a minimum of five feet from
the property line; 14) That all applicable requirements of Chapter 39 of the Building Code be
met related to seawall setbacks; 15) That prior to issuance of permits for any existing or
proposed structures west of the Coastal Construction Control Line (CCCL), the applicant submit
a copy of the Florida Department of Environmental Protection approval for that construction
west of the CCCL; 16) That all Fire Department requirements be met prior to the issuance of
any permits; and 17) That the construction of the controls and electrical work for the lift station
be completed to the satisfaction of the City Engineer prior to issuance of the first Certificate of
Occupancy for the hotel.
Violet Kovacs requested party status. She said this project will adversely affect parking
for her patrons and hurt her business.
Member Plisko moved to grant Violet Kovacs party status. The motion was duly
seconded and carried unanimously.
Steve Stein requested party status.
In response to a question, Assistant City Attorney Leslie Dougall-Sides said the COB
has never granted party status to a resident manager. She said Mr. Stein must demonstrate
how he could be substantially affected by this request.
Mr. Stein said he is Ms. Kovacs' resident manager.
Member Coates moved to deny Steve Stein's request for party status. The motion was
duly seconded and carried unanimously.
In response to a question, Senior Planner Wayne Wells said the number of rooms being
proposed would not change regardless if FDEP denies construction of accessory structures for
hotel guests west of the CCCL. He said busses cannot traverse the porte cochere and will use
a drop-off/pick-up area on Mandalay Avenue.
Ed Armstrong, representative, estimated the net decrease of structures seaward of the
CCCL at 33,000 square-feet. He said the applicant wishes to rehabilitate some of the existing
structures, subject to the FDEP permitting process.
Violet Kovacs expressed concern the project would negatively affect parking for her
business and access for emergency vehicles and would ruin her business.
Mr. Armstrong said the project will not encroach into the Ambler Street right-of-way,
which will remain public. He said the setback from the property line will increase. He said
nothing proposed will alter the parking pattern on Ms. Kovacs' property.
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Mr. Wells referenced a diagram of Ms. Kovacs' property. Ms. Dougall-Sides said the
City has the right to designate parking spaces, loading areas, no parking zones, and close off
streets. Adjacent property owners have no rights to control those spaces.
Ms. Kovacs expressed concern construction equipment will disrupt her business. Mr.
Armstrong said the project will not encroach into the Ambler Street right-of-way.
Member Johnson moved to approve Item #E2, Case FLD2004-09068/PL T2004-
00016/SGN2004-09020 for 470,484, and 500 Mandalay Avenue and 470, 489,490, and 495
Beach Drive, with conditions of approval as listed by staff. The motion was duly seconded and
carried unanimously.
3.
Item Pulled from Consent Agenda
Leve/ Three Application
Case: DVA2004-00005 - 470, 484 and 500 Mandalay Avenue and 470, 489, 490 and
495 Beach Drive
Owners: Hunter Hotel Company and Mandalay Investments, LLC.
Applicant: CBR Development I, LLC and CBR Development II, 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: 9.77 total acres (hotel site 7.36 acres; residential site 2.41 acres) located on
the west side of Mandalay Avenue between San Marco and Ambler Streets.
Atlas Page: 267 A.
Zoning District: Tourist (T).
Request: Review of, and recommendation to the City Council, of a Development
Agreement between CBR Development I, LLC and CBR Development II, LLC and the
City of Clearwater.
Proposed Use: Mixed use (260 overnight accommodation units at 72.22 rooms/acre on
hotel portion of site and a height of 100 feet, 120 attached dwellings at 50 units/acre on
residential/retail portion of site and a height of 150 feet and 11,000 square-feet of retail
sales and services at a FAR of 0.105 on residential/retail portion of site).
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: Diw@qte.net).
Presenter: Wayne M. Wells, AICP, Planner III.
The 9.77 total acres (hotel site 7.36 acres [3.69 acres zoned T District; 3.67 acres zoned
OS/R District]; residential site 2.41 acres) is on the west side of Mandalay Avenue between San
Marco and Ambler Streets. It is along a highly developed area within Clearwater Beach and has
frontage along the Gulf of Mexico. The site is within the Destination Resort District of Beach By
Design, which represents the primary opportunity for near-term redevelopment on Clearwater
Beach because of the relative strength of the Hilton and the Clearwater Beach Hotel and the
opportunity for beachfront resort development with direct beach access. The preferred form of
redevelopment for this area is mixed use with resort residential and hospitality uses fronting on
the Beach and retail, restaurant and residential uses fronting on North Mandalay Avenue.
The overall site currently is developed with a total of 157 overnight accommodation
rooms and approximately 16,390 square-feet of commercial space fronting on Mandalay
Avenue. While there are smaller two- to three-story overnight accommodation buildings along
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Beach Drive, the bulk of the overnight accommodation rooms are north of Baymont Street in the
Clearwater Beach Hotel. Both surface parking and garage parking under building are provided
for the hotel. All existing improvements (buildings, pavement, walkways and decks) will be
removed as part of the site's redevelopment, with the exception of portions of buildings north of
Baymont Street proposed to be reused as part of the proposed hotel.
In 2003, the CDB approved a Termination of Status of Nonconformity with two conditions
for the existing Clearwater Beach Hotel relating to density (137 rooms, where only 131 is
allowed) and parking (98 existing spaces, where 137 spaces is required), for the purpose of
releasing a Unity of Title to redevelop the property south of Baymont Street (FLD2003-06026,
approved August 19, 2003). Also in 2004, the CDB approved Flexible Development and
Comprehensive Sign Program applications with one condition for the Clearwater Beach Hotel to
be able to retain their existing signage (FLD2003-12068/SGN2003-10020, approved January
20, 2004). All existing signage will be removed as part of the site's redevelopment.
The property to the south has been redeveloped into two high-rise attached dwellings
(Mandalay Beach Club). Property to the south along Mandalay Avenue is developed with tourist
commercial uses. Property to the east, south of Baymont Street, is also developed with tourist
commercial uses. North of Baymont Street, the Belle Harbor attached dwellings development with
two high-rise towers and townhomes is still under construction. Property to the north is developed
with a restaurant and overnight accommodation uses, with commercial uses along Mandalay
Avenue. The beach and Gulf of Mexico is to the west of the subject property.
The proposal includes a companion Flexible Development, Preliminary Plat and
Comprehensive Sign Program applications to permit a mixed use of 260 overnight
accommodation units (at a density of 72.22 rooms/acre on the hotel portion of site and a height
of 100 feet), 120 attached dwellings (at a density of 50 units/acre on residential/retail portion of
site and a height of 150 feet) and 11,000 square-feet of retail sales and services (at a FAR of
0.105 on the residential/retail portion of site).
The proposed Development Agreement sets forth public/private obligations. The City
recognizes the economic and aesthetic benefits that will result from private development. The
applicant recognizes the benefit of public improvements that directly affect the marketability of
the project and the character of the general area surrounding the project. The Development
Agreement sets forth the following main provisions:
S The hotel portion of the project will consist of a minimum of 240 and a maximum of 260
rooms. The proposal includes the allocation from the Beach by Design density pool of
141 rooms/units (Section 3.01.3). Any unused density pool rooms/units for the hotel will
be returned to the City's density pool as described in Beach by Design. Length of
stay/occupancy of the hotel rooms will not exceed 30 days (Section 2.03.4).
S The residential portion of the project will consist of no more than 120 dwelling units
(Section 2.03.1).
S The commerciallretail portion of the project will consist of a maximum of 11,000 square-
feet of floor area (including no more than 3,000 square-feet of restaurant floor area)
(Section 2.03.1).
S The provision of a Beach Club of 300 memberships, including a maximum of 160 outside
memberships (Section 2.03.1).
S The provision of a minimum of 431 parking spaces (Section 2.03.1).
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~ The developer will make certain improvements, at their expense, to Mandalay Avenue
and Baymont, Ambler and San Marco Streets, including the relocation of overhead
utilities to underground (Section 5.03 and Exhibits H, I, J and K).
~ The developer will convey to the City the area on the westernmost portion of the hotel
parcel, which is part of the beach. This conveyance is as additional consideration for the
allocation of the hotel units from the density pool under Beach by Design. The City will
have the exclusive right to grant concessions on this "beach property" (Section 5.03.8).
~ The developer owns a portion of the hotel parcel between the area to be developed with
the resort hotel and the "beach property" referred to the "upland property." The general
public will have continued rights to use this area. The developer may operate
concessions related to the use of the beach, including the sale, rental or use of
equipment, products and services common to the beach, except jet-ski or para-sail
operations (Section 5.03.8).
~ The City agrees to allow the construction of a maximum of 57 boat slips on City-owned
property east of the hotel parcel and north of the Belle Harbor project. The developer
will construct and maintain the boat slips at their expense. The City will control 19 of the
slips, while the developer will have the ability to lease 38 slips to owners, tenants and
guests of the project (Section 5.03.10). The processing of a Flexible Development
application for the commercial dock to the Community Development Board is required.
~ Prior to the issuance of the final Certificate of Occupancy, the developer will implement a
transportation system management plan, including guest shuttles to the airport and
activities, employee shuttles and other measures to minimize vehicular trips associated
with the hotel (Section 2.03.5.c).
~ Prior to the issuance of the final Certificate of Occupancy, the developer will submit a
hurricane evacuation plan to the City, establishing the practices and procedures to be
implemented leading to the evacuation of the hotel in the event of the declaration of a
hurricane watch (Section 2.03.5.d).
~ The Development Agreement expires ten years following the effective date (date
approved by City Council) (Section 18.18.1).
~ Commencement of construction of the Hotel Phase of the project is to occur within one
year of the approval of this Development Agreement (except that the time period is tolled
during the review period of building permits) or a maximum of two years from the date
this Development Agreement is approved. The Residential Tower Phase of the project
will commence construction on or before the Hotel commencement deadline. The
Residential/Retail Tower Phase of the project will commence construction within two
years of the after the Hotel commencement deadline.
.
The CDB has been provided with the most recently negotiated Development Agreement
dated November 18, 2004.
The City Council may enter into Development Agreements to encourage a stronger
commitment on comprehensive and capital facilities planning, ensure the provision of adequate
public facilities for development, encourage the efficient use of resources, and reduce the
economic cost of development. The CDB is required to review the proposed Development
Agreement and make a recommendation to the City Council.
.
The Development Review Committee reviewed the application and supporting materials
on November 12, 2004. The Planning Department recommends approval, and recommendation
to the City Council, of a Development Agreement between CBR Development I, LLC and CBR
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Development II, LLC and the City of Clearwater for the sites at 470, 484, and 500 Mandalay
Avenue and 470,489, 490,and 495 Beach Drive, 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; 3) The Development Agreement
implements and formalizes the requirements for the construction of site and off-site
improvements under the related site plan proposal (FLD2004-09068); and 4) The amended
Development Agreement is in compliance with Beach by Design.
Concern was expressed that the use could cease after the Development Agreement
expires in ten years. Planning Director Cyndi Tarapani said a future application will come
before the COB for boat docks. She said the City will enter into a lease, the length of which is to
be determined.
Mr. Armstrong said the City Council will authorize the terms and length of the lease to be
executed between the applicant and the City. Ms. Tarapani said by Statute, the City cannot
enter into a development agreement longer than ten years. She said this development
agreement states the City agrees to the concept of a boat dock and a lease at a certain location,
and that the specifics will be established later and require COB review and approval.
Mr. Armstrong said this project has involved a lot of hard work by a lot of people over the
past year.
Four persons spoke regarding the application.
Ms. Tarapani said no beach public accesses would be blocked or closed. She was
unaware of plans to improve the pier at Rockaway.
Mr. Armstrong said the project will provide a public outdoor shower on Baymont. Plans
are to raze and replace existing retail stores in late spring of 2005. Ms. Tarapani said the
developer is obligated to maintain the construction site during construction. When possible, the
City assists developers by providing temporary use of rights-of-way, portions of streets, etc.
Those uses are part of the building permit process. In response to a question, Mr. Armstrong
estimated the construction process would take three years.
Member Moran moved to approve Item #E3, Case DVA2004-00005 for 470,484, and
500 Mandalay Avenue and 470,489,490, and 495 Beach Drive. The motion was duly
seconded and carried unanimously.
4.
Item Pulled from Consent Agenda
Case: FLD2004-09067 - 432 Poinsettia Avenue Level Two Application
Owner: Joseph Caraco
Applicant/Representative: Janice Dixon (3615 Shore Acres Blvd NE, St. Petersburg,
FL 33703; phone: 727-522-4299).
Location: 0.135 acre on the west side of Poinsettia Avenue, and approximately 100 feet
east of Mandalay Avenue.
Atlas Page: 267 A.
Zoning District: Tourist (T).
Community Development 2004-12-14
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Request: Flexible Development approval to permit a problematic use (tattoo and body
piecing establishment) as a Comprehensive Infill Redevelopment Project, under the
provisions of Section 2-803.C.
Proposed Use: Tattoo and body piercing establishment.
Neighborhood Associations: Clearwater Beach Association (David MacNamee, 827
Mandalay Ave., Clear'vvater, 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: Diw@qte.net).
Presenter: Michael H. Reynolds, AICP, Planner III.
The site at 432 Poinsettia has a 1-% story concrete block building with no onsite parking.
City of Clearwater public parking is available south and east of the property. The building faces
south and houses "JB Islander Cafe" and "Tan's Chinese Restaurant", both west of the vacant
storefront space intended for occupancy by "Psychotic Ink." The building's vacant space is
located at the eastern most end of the building, which faces Poinsettia Avenue. The
surrounding land is predominantly retail and overnight accommodations.
.
"Psychotic Ink", an existing tattoo and body piercing business, proposes to relocate to a
vacant storefront retail sales and services space at 432 Poinsettia Avenue. This site is within
the Tourist Zoning District. Tattoo and body piercing is categorized as a "Problematic Use" by
the City of ClearwaterCommunity Development Code, and is nota permitted use within the
Tourist Zoning District. The City of Clearwater Community Development Code definition for
Problematic Uses says that they "are typically categorized by poorly maintained facilities,
loitering, and other indices of neighborhood deterioration or urban blight". As such, the
"Psychotic Ink" business proprietor has applied for Comprehensive Infill Redevelopment
approval, as a Flexible Development application, to move onto property zoned Tourist.
The tattoo and body-piercing establishment ("Psychotic Ink") presently is located at 484
Mandalay Avenue, also within the Tourist District. The proprietor is Janice Dixon, who holds an
occupational license for the business. Ms. Dixon's business opened in November 1998. City
records show the business as "Janice Dixon's Tattoo and Piercing" and "Psychotic Ink",
Proposed fall and winter hours of operation are 11 :00 a.m. to 8:00 p.m., Sunday through
Thursday, and 11 :00 a.m. to 9:00 p.m., Friday and Saturday. Proposed spring and summer
hours of operation are 11 :00 a.m. to 9:00 p.m., Sunday through Thursday, and 11 :00 a.m. to
10:00 p.m., Friday and Saturday.
The applicant has provided a copy of a City of Clearwater Police Department Call
Activity Report for the period November 1, 1998 to November 8, 2004. A copy of the document
was provided to the COB in the December 14, 2004 meeting packet. Beginning on March 13,
1999, and ending on September 3, 2004, there have been a total of 24 Police Department
service calls. The calls by year were, 1998: 0, 1999: 5, 2000: 10, 2001: 2, 2002: 0, 2003: 2, and
2004: 5.
The Development Review Committee reviewed the application and supporting materials
on November 12, 2004. The Planning Department recommends approval of the Flexible
Development request to permit a problematic use (tattoo and body piecing establishment) as a
Comprehensive Infill Redevelopment Project, under the provisions of Section 2-803.C. for the
site at 432 Poinsettia Avenue, with the following bases and conditions:
.
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Bases for Aoproval: 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; and 3) The development is compatible with the surrounding area and will
enhance other redevelopment efforts.
Conditions of Approval: 1) That the hours of operation be limited to not any earlier than
10:00 a.m. and not any later than 10:00 p.m.; 2) That any proposed signage meet the City of
Clearwater Sign Code; and 3) That this approval is valid only for the current business owners
and any new business ownership, and/or different problematic use at this site address, will
require review by the Community Development Board.
Concern was expressed that this problematic use application was accompanied by a
lengthy police report.
Development Review Manager Frank Gerlock said staff required the applicant to submit
the police report as part of their application. He said the police report shows a lower than
average number of police calls compared to a previous similar use over a six-year period.
.
Janice Dixon, applicant, said she made the calls to police regarding loitering in the area.
She said the calls were not due to problems related to her business. She said she has been in
business at this location for more than six years but needs to move two blocks as the building is
being razed. She said her business, which includes cosmetic make-up, is safer than ear-
piercing establishments, which are not regulated by the Board of Health. She said she
maintains landscaping, etc. In response to a question, Ms. Dixon said her type of business
does not attract problems or problematic people. She said the nearby cafe has had more police
calls. She said vagrants do not frequent her business.
One person spoke in favor of the application.
Discussed ensued with comments that this business is not a permitted use in the Tourist
District, the applicant wishes to relocate an unpermitted use in the same district, that the
Comprehensive Infill process is not designed for this type of request, these types of situations
need comprehensive review, everything possible should be done to support business owners,
this business owner meets all Code requirements, this business appears to be neat and tidy, the
applicant's neighbors support the business, and the business owner is financially strong. In
response to a concern, Ms. Tarapani suggested adding a condition limiting approval to the
current business owner.
Member Coates moved to approve Item #E4, Case FLD2004-09067 for 432 Poinsettia
Avenue, with bases of approval and conditions of approval as listed above, including a condition
that this is valid only for the current business owners and any new business ownership would
require CDB review. The motion was duly seconded. Members Gildersleeve, Plisko, Moran,
Milam, Tallman, and Coates, voted "Aye"; Member Johnson voted "Nay." Motion carried.
The CDB recessed from 3:24 to 3:32 p.m.
5.
Case: FLD2004-09069 - 2660 Gulf-to-Bay Boulevard
Owner/Applicant: KB Investment Holdings, Ltd.
Level Two Application
.
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Representative: Aimee M. Boulet, E.I., Avid Engineering (2300 Curlew Road, Suite 100,
Palm Harbor, Florida 34683; phone: 727-789-9500; fax 727-784-6662; e-mail:
aboulet@avidenq.com).
Location: 1.24 acres on the north side of Gulf-to-Bay Boulevard, directly across from
Clearwater Mall, and approximately 1000 feet east of US Highway 19 N.
Atlas Page: 291A.
Zoning District: Commercial (C).
Request: Flexible Development approval to permit retail sales and services and
restaurants with a reduction to the side (east) setback from 10 to three feet (to back of
curb), a reduction to the side (west) setback from 10 to 3.54 feet (to back of curb), a
reduction to the rear (north) setback from 20 to three feet (to dumpster enclosure), a
reduction to the required parking from 77 to 58 spaces, as a Comprehensive Infill
Redevelopment Project, under the provisions of Section 2-704.C and a reduction to the
landscape buffer along the east from five to three feet, a reduction to the landscape
buffer along the west from five to 3.54 feet and a reduction to the landscape buffer along
the north from five to three feet, as a Comprehensive Landscape Program, under the
provisions of Section 1202.G.
Proposed Use: Retail sales and services and restaurants.
Neighborhood Associations: Clearwater Neighborhoods Coalition (Doug Williams,
President, 2544 Frisco Drive, Clearwater, FL 33761; phone: 727-725-3345; email:
Diw@qte.net).
Presenter: Michael H. Reynolds, AICP, Planner III.
.
This 1.24-acre site is on the north side of Gulf-to-Bay Boulevard, directly across from
Clearwater Mall and approximately 1,000 feet east of US Highway 19 North. The surrounding
land use is commercial, consisting of restaurants, retail services, and offices. The site is
presently vacant. A restaurant with a parking lot occupied this site prior to the demolition/razing.
The proposal is to establish a restaurant and retail sales and services on this site. The
applicant seeks reductions to required setbacks, parking spaces, and landscape buffers. The
parking space reduction is pursuant to Section 3-1404-E of the Community Development Code,
which states that, "... the number of required off-street parking spaces may be reduced by up to
25 percent in a Level One approval upon showing that the reduction in off-street parking spaces
is necessary to preserve protected trees located on the parcel provided for development." The
reduction in parking spaces will protect eight trees with a quality rating of "very good."
The setback and landscape buffer reductions are necessary iOn order to make this site
work for a 10,200 square-foot building with parking, landscaping, and vehicular ingress/egress.
Considerable landscaping is proposed to improve this site, which will also help toward visual
harmony along the Gulf-to-Bay corridor. A Comprehensive Landscape Program application has
been filed. More than 75 percent of the building will house retail sales and service uses.
The south (front) elevation will have a painted stucco finish and single scored split face
block trim. A series of suspended metal canopies will accent the design. Decorative brackets
and molding will frame the building below the roofline. The building height is proposed at 24.66
feet from finished floor elevation to the highest point of the roof. Most of the building height will
be 22 feet.
.
Proposed landscaping includes a variety of plant species, including live oaks, crepe
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 northwest corner of the site.
Community Development 2004-12-14
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The Development Review Committee reviewed the application and supporting materials
on November 12, 2004. The Planning Department recommends approval Flexible Development
approval to permit retail sales and services and restaurants with a reduction to the side (east)
setback from 10 feet to three feet (to back of curb), a reduction to the side (west) setback from
10 to 3.54 feet (to back of curb), a reduction to the rear (north) setback from 20 to three feet (to
dumpster enclosure), a reduction to the required parking from 77 to 58 spaces, as a
Comprehensive Infill Redevelopment Project, under the provisions of Section 2-704.C and a
reduction to the landscape buffer along the east from five to three feet, a reduction to the
landscape buffer along the west from five to 3.54 feet and a reduction to the landscape buffer
along the north from five to three feet, as a Comprehensive Landscape Program, under the
provisions of Section 1202.G., for the site at 2660 Gulf to Bay Boulevard 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; and 3) The proposal is compatible with the surrounding area and will enhance
redevelopment efforts.
Conditions of Approval: 1) That the site plan be revised, prior to building permit
issuance, to correct the proposed building height (required and proposed) stated within the site
data table; 2) That a revised landscape plan be submitted, acceptable to Planning staff, prior to
any building permit issuance; 3) That all Fire Department concerns be addressed prior to
building permit issuance; 4) That an approved SWFWMD permit or letter of exemption be
provided prior to building permit issuance; 5) That prior to building permit issuance, provide a
copy of the approved FDOT right-of way permit for all work to be performed within the Gulf to
Bay Boulevard right-of-way; 6) That the existing freestanding sign at 2660 Gulf to Bay
Boulevard be removed prior to building permit issuance; 7) That a Traffic Impact fee to be
assessed and paid prior to issuance of Certificate of Occupancy, by the applicant; 8) That all
proposed on-site utilities, including electric, phone and cable television, be located underground;
and 9) That all signage meet Code, or be proposed through a Comprehensive Sign Program
application.
6.
See motion page 23.
Case: ANX2004-08014- 2060 Evergreen Avenue Level Three Application
OwnerlApplicant: Bernard K. Reichel (1957 Freedom Drive, Clearwater, FL 33755;
phone: 727-638-9062; fax: 727-443-2021).
Location: 1.8 acres consisting of three parcels, bound by Evergreen and Lantana
Avenue to the east and west, respectively, Arbelia Street to the north and Idlewild Drive
to the south, approximately 250 feet west of King's Highway.
Atlas Page: 251 B.
Request:
(a) Annexation of 1.8 acres of property and 0.28 acre of the abutting Arbelia Street right-
of-way to the City of Clearwater;
(b) Land Use Plan amendment from Residential Urban (RU) Category (County) to
Residential Urban (RU) Category (City of Clearwater); and
(c) Rezoning from R-4, One, Two and Three Family Residential District (County) to
Medium Density Residential (MDR) District (City of Clearwater).
Proposed Use: A mix of up to 13 single- and multi-family dwellings.
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.
.
.
Neighborhood Association(s): Clearwater Neighborhoods Coalition (Doug Williams,
President, 2544 Frisco Drive, Clearwater, FL 33761; phone: 727-725-3345; email:
Diw@Qte.net).
Presenter: Mark Parry, Planner III.
This annexation involves a 1.8-acre property consisting of three parcels, bounded by
Evergreen and Lantana Avenues to the east and west, respectively, Arbelia Street to the north
and Idlewild Drive to the south approximately 250 feet west of King's Highway and 0.28 acre of
the abutting Arbelia Street right-of-way. The site is contiguous with the existing City boundaries
on all sides and is consistent with Florida Statutes with regard to voluntary annexation. The
applicant is requesting this annexation to receive sanitary sewer, water and solid waste service.
It is proposed that the property have a Future Land Use Plan designation of Residential Urban
(RU) and a zoning category of Medium Density Residential (MDR).
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
following action on the request: 1) Annexation of 1.8 acres and 0.28 acre of abutting Arbelia
Street right-of-way to the City of Clearwater; 2) Land Use Plan amendment from Residential
Urban (RU) Category (County) to Residential Urban (RU) Category (City of Clearwater); and 3)
Rezoning from R-4, One, Two and Three Family Residential District (County) to Medium
Density Residential (MDR) District (City of Clearwater).
See motion page 23.
7. Case: ANX2004-10015-1481 Carolyn Lane Leve/ Three Application
Owner/Applicant: Robert A. Binder & Michael Lucas (36 Midway Island, Clearwater, FL
33767; phone: 727-447-1977).
Location: 0.163-acre property consisting of one parcel, located on the south side of
Carolyn Lane approximately 150 feet west of North Highland Avenue.
Atlas Page: 261A.
Request:
(a) Annexation of 0.163 acre to the City of Clearwater;
(b) Land Use Plan amendment from Residential Urban (RU) Category (County) to
Residential Urban (RU) Category (City of Clearwater); and
(c) Rezoning from R-3, Single-Family Residential zoning (County) to Low Medium
Density Residential (LMDR) District (City of Clearwater).
Proposed Use: Single-family home.
Neighborhood Association(s): Clearwater Neighborhoods Coalition (Doug Williams,
President, 2544 Frisco Drive, Clearwater, FL 33761; phone: 727-725-3345; email:
Diw@Qte.net).
Presenter: Mark Parry, Planner III.
This annexation involves a 0.163-acre property consisting of one parcel, located on the
south side of Carolyn Lane approximately 150 feet west of North Highland Avenue. The
property is located within an enclave and is contiguous with existing City boundaries to the
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north, east and west; therefore, the proposed annexation is consistent with Florida Statutes with
regard to voluntary annexation. The applicant is requesting this annexation to receive solid
waste service. It is proposed that the property have a Future Land Use Plan designation of
Residential Urban (RU) and a zoning category of Low Medium Density Residential (LMDR).
The proposed annexation can be served by City of Clearwater services, including solid
waste, police, fire and emergency medical services without any adverse effect on the service
level. The property already receives City water and sanitary sewer service. 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 the following
actions on the request: 1) Approval of the annexation of 0.163-acres to the City of Clearwater;
2) Approval of the Residential Urban (RU) Category pursuant to the City's Comprehensive Plan;
and 3) of the LMDR, Low Medium Density Residential zoning district pursuant to the City's
Community Development Code.
See motion page 23.
8.
Level Three Application
Case: Amendments to Clearwater Downtown Redevelopment Plan
Applicant: City of Clearwater, Planning Department.
Request: Amendments to the Clearwater Downtown Redevelopment Plan making a
minor editorial change and extending the scope of the Fort Harrison Streetscape Project
from Drew Street to Nicholson Street and to reflect that extension within the cost
estimates for the project.
Neighborhood Associations: Old Clearwater Bay Neighborhood Association (Ms. Vicki
Morgan, 301 Cedar St, Clearwater, FL 33755; phone: 727-461-1995); Gateway
Neighbors (Paul Charles, 1367 Park Street, 33756; phone: 813-205-8779); Pierce 100
Condominium Association (Terry Turner, 100 Pierce Street #710 Clearwater, FL 33756);
Clearwater Neighborhoods Coalition (Doug Williams, President, 2544 Frisco Drive,
Clearwater, FL 33761; phone: 727-725-3345; email: Diw@ate.net).
Presenter: Mark Parry, Planner III.
.
An amendment to the Clearwater Downtown Redevelopment Plan (hereafter referred to
as the Plan) was recently approved by the City Council on November 4, 2004, that made certain
editorial changes and clarifications to the Plan and added the Design Guidelines. The Planning
Department had intended for the changes proposed in this ordinance to be included with the
most recent amendment approved by the City Council on November 4,2004. Unfortunately,
these additional changes could not be included due to advertising deadlines.
Proposed Ordinance #7367-04 amends the Plan by making minor editorial changes and
extending the scope of the Fort Harrison Streetscape Project from Drew Street to Nicholson
Street and to reflect that extension within the cost estimates for the project.
.
The Community Development Board is reviewing the proposed amendments in its
capacity as the Local Planning Agency (LPA) and is requested to make a recommendation
regarding the amendments to the City Council. The Community Redevelopment Authority (CRA)
is requested to make a recommendation to the City Council regarding the amendments to the
Plan. Once the City Council approves these amendments, they will be submitted to the Board of
County Commissioners (BCC) for approval as amendments to the Redevelopment Plan. They
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will also be submitted to the Pinellas Planning Council (PPC) and the Countywide Planning
Authority (CPA) for approval as amendments to the Special Area Plan governing Downtown.
A total of four amendments are proposed to the Plan and are contained in Exhibit A
attached to Ordinance #7367-05. These amendments make minor editorial changes in
Chapters 1 and 3, extend the scope of the Fort Harrison Streetscape Project from Drew Street
to Nicholson Street and reflect that extension within the cost estimates for the project. Below is
a summary of each amendment.
1. Amendment 1 - Revise the sixth paracraph of the Purpose of This Plan section in Chapter 1
Introduction (Page one of Exhibit A of proposed ordinance and page seven of the Plan).
The second amendment to the Plan, approved by the City Council on November 4, 2004,
changed the name of the stormwater facility within the Downtown Plan area from "Town
Lake" to "Prospect Lake Park" throughout the Plan. This proposed amendment deletes
unnecessary language referencing the fact that the name of the facility will be decided at a
later date. This proposed amendment makes a minor editorial correction and does not
change the content of the paragraph or the purpose of the Plan.
2. Amendment 2 - Amend Policy 9 of the Old Bay character district section (Page one of
Exhibit A of proposed ordinance and page 59 of the Plan.)
Amendment 2 corrects a typographical error on page 59 of the Plan by deleting the word
"Avenue" as it appears twice in a row.
. 3. Amendment 3 - Amend the streetscape maps on paces 94 and 95 (Pages two through
three of Exhibit A of proposed ordinance and page 94 and 95 of the Plan).
This amendment will extend the Downtown Corridor designation for North Fort Harrison
Avenue from Drew Street north to Nicholson Street. This extension will result in a logical
extension of the Master Streetscaping and Wayfinding Plan through the Old Bay Character
District along North Fort Harrison Avenue and provide a visual continuity throughout the
Downtown Plan area.
4. Amendment 4 - Amend the first paracraph of the Capital Improvement Plan (CIP) on pace
152 and Table 8 on paces 153 throuch 155. Table 9 on pace 156 and the Capital
Improvements Plan map on pace 157 (Pages four through nine of Exhibit A of proposed
ordinance and pages 152 through 157 of the Plan).
Amendment four collectively modifies the introduction of the Capital Improvements
Projects (CIP) section, Tables 8 and 9 and Map 12, to reflect modifications to the Master
Streetscape Plan proposed in Amendment 2., which extends the Downtown Corridor designation
for North Fort Harrison Avenue from Drew Street to Nicholson Street as part of the Fort Harrison
Avenue Streetscape Project and reflects the increased cost of the project.
Please find below a selected list of goals, objectives and pOlicies from the Clearwater
Comprehensive Plan that is furthered by the proposed amendments to the Clearwater
Downtown Redevelopment Plan.
.
Community Development 2004-12-14
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.
.
~ Goal 2 - The City of Clearwater shall utilize innovative and flexible planning and
engineering practices, and urban design standards in order to protect historic resources,
ensure neighborhood preservation, redevelop blighted areas, and encourage infill
development.
~ Objective 2.1 - The redevelopment of blighted areas shall be a high priority and
promoted through the implementation of redevelopment plans and projects and
continued emphasis on property maintenance standards.
~ Policy 2.1.8 - The City shall continue to support and implement approved community
redevelopment area plans, such as the Downtown Redevelopment Plan adopted in
1995.
~ Policy 2.5.3 - All proposed development/redevelopment initiatives shall be reviewed for
opportunities to improve pedestrian and bicycle access.
~ Goal 4 - The City of Clearwater shall ensure that all development or redevelopment
initiatives meet the safety, environmental, and aesthetic needs of the City through
consistent implementation of the Community Development Code.
The amendments proposed to the Plan are consistent with the Clearwater Comprehensive
Planas evidenced by the numerous goals, objectives and policies identified above. The
amendments support the existing Goals, Objectives and Policies of the Plan and the Community
Development Code.
The proposed amendments to the Clearwater Downtown Redevelopment Plan are
consistent with the Comprehensive Plan. Proposed Ordinance #7367-05 makes minor editorial
changes and expands the scope of the Fort Harrison Streetscape Project as part of the Master
Streetscape and Wayfinding Plan and provides for additional cost estimates for that expanded
scope.
Based on the above analysis, the Planning Department recommends approval of
Ordinance #7367-05 which amends the Clearwater Downtown Redevelopment Plan.
Member Coates moved to approve Item #E1, Case #FLD2004-05041 for 37 Causeway
Boulevard with bases for approval and conditions of approval as listed, Item #E5, Case #
FLD2004-09069 for 2660 Gulf-to-Bay Boulevard with bases for approval and conditions of
approval as listed, and recommend approval of Item #E6, Case #ANX2004-08014 for 2060
Evergreen Avenue, Item #E7, Case ANX2004-10015 for 1481 Carolyn Lane, and Item #E8,
Case: Amendments to Clearwater Downtown Redevelopment Plan. The motion was duly
seconded and carried unanimously.
F. LEVEL TWO APPLICATION (Item 1):
1.
Case: FLD2004-09070fTDR2004-09013 - 193, 199 and 201 Brightwater Drive
Owner/Applicant: LaBella Vista of Clearwater, 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@mindsprina.com).
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Location: 0.513 acre located on the south side of Brightwater Drive, approximately 1500
feet east of Harnden Drive.
Atlas Page: 276A.
Zoning District: Tourist (T).
Request: (1) Flexible Development approval to permit attached dwellings with
reductions to the front (north) setback from 15 feet to 6.2 feet (to building) and from 15 to
zero feet (to dumpster staging pad), reductions to the side (east) setback from 10 to 7.2
feet (to building) and from 10 to five feet (to pool deck), a reduction to the side (west)
setback from 10 to 5.7 feet (to building), reductions to the rear (south) setback from 20 to
11.5 feet (to building) and from 20 to zero feet (to pool deck), increases to building
height from 35 feet to 45.75 (to roof deck) with an additional 4.17 feet for parapets (from
roof deck) and with an additional 14.67 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 part of a
Comprehensive Infill Redevelopment Project, under the provisions of Section 2-803.C
(retaining three existing boat docks for sole use by the property owners); and (2) the
Transfer of Development Rights for three units from 200 Brightwater Drive, under the
provisions of Section 4-1403 (TDR2004-09013).
Proposed Use: Eighteen attached dwellings (condominium).
Neighborhood Associations: Clearwater Beach Association (David MacNamee, 827
Mandalay Ave., Clearwater, FL 33767; phone: 727-446-5801; email: dmacnavC62att.net);
Clearwater Neighborhoods Coalition (Doug Williams, President, 2544 Frisco Drive,
Clearwater, FL 33761; phone: 727-725-3345; email: DiwC62Qte.net).
Presenter: Wayne M. Wells, AICP, Planner III.
.
The 0.513 acres is on the south side of Brightwater Drive, approximately 1500 feet east
of Harnden Drive, along a highly developed area within Clearwater Beach and has frontage
along Clearwater Bay. The site is within the Small Motel District of Beach By Design, which
provides for the redevelopment of Brightwater Drive with town homes and timeshares between
two and four stories above parking. The proposed site is composed of three parcels, each
developed (or formerly developed) with four dwelling units. All improvements have been or are
planned to be demolished. There are three docks on the property.
The property to the north at 200 Brightwater Drive has been redeveloped with 10
attached dwellings (town homes) (FL 02-03-08, approved May 21, 2002). Property to the
northwest at 190 Brightwater Drive has been approved for redevelopment, but not yet
constructed, with 10 attached dwellings (condominiums) (FLD2003-12069fTDR2003-12005,
approved June 15, 2004). The property to the east at 205,209 and 214 Brightwater Drive has
been approved, and the foundation is presently under construction, for 20 attached dwellings
(condominiums) (FLD2003-06027fTDR2003-06003, approved September 16,2003). Property
to the west is developed with four attached dwellings.
The proposal includes constructing 18 attached dwellings (condominiums) in a building
with four living floors over ground level parking. The building has been designed with a total of 16
condominium flat units in the center, with townhome-style single units on each end. Of the 16
condominium flats in the center of the building, five units are proposed on Levels 2 and 3 (each
approximately 1,817 square-feet in area), while Levels 4 and 5 will have three units on each floor
(each approximately 2,780 square-feet in area). The townhome units on each end of the building
will be approximately 2,461 square-feet in area.
.
Community Development 2004-12-14
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.
.
The proposal includes the Transfer of Development Rights of three units to this property
from 200 Brightwater Drive, representing the maximum allowable transfer of 20 percent of the
permitted units of 15 dwelling units based on 30 dwelling units per acre. The provision of these
three units must be reviewed in concert with the requested three driveways and setback
reductions. While the provision of these additional units through TDR may upgrade the
surrounding area, it may be argued that these units factor in to the site design where required
setbacks are requested to be compromised and can be viewed as adversely affecting the visual
impacts on adjacent properties (see discussion below regarding setback reductions).
The proposal includes an increase to building height from 35 feet to 45.75 (to roof deck)
with an additional 4.17 feet for parapets (from roof deck) and with an additional 14.67 feet for a
roof top pavilion (from roof deck). This increase for the parapets may be viewed as making them
proportional in respect to the height of the building and to aid in the screening of the rooftop air
conditioning units. This proposed height is similar to that approved for the attached dwelling
project directly northwest at 190 Brightwater Drive, where the building height to the roof deck was
approved at 45.08 feet, with an additional 4.17 feet for perimeter parapets (from roof deck) and an
additional 14.25 feet for a roof top pavilion (from roof deck). The attached dwelling project directly
eastat 205,209 and 214 Brightwater Drive was approved for a building height of 54 feet (to roof
deck), with an additional six feet for perimeter parapets (from roof deck) and 16 feet for open
gazebos (from roof deck).
The proposal includes the provision of 25 parking spaces on the ground level parking area
for the 16 center attached dwellings, at a ratio of 1.56 parking spaces per unit (1.5 spaces per unit
minimum required by Code). The end townhome units will be provided with two parking spaces,
each within their individual garages. The proposal includes a request to permit parking that is
designed to back into the public right-of-way for the end townhome units. The Community
Development Code prohibits "back out" parking for any uses other than detached dwellings. The
driveway length will permit a vehicle to completely "back out" of the garage, thus eliminating the
garage walls as a potential view obstruction of the sidewalk and street. The development will
operate as, and have the characteristics of, single-family detached homes, including the individual
garages. The site is on Brightwater Drive, which is a cul-de-sac street approximately 1,700 in
length and generally used only by persons with a destination on the street. From a traffic
standpoint, this concept of "back out" parking for townhomes may be acceptable on a low volume
cul-de-sac street such as this. There are no obstructions within the visibility triangles for these
end townhome units.
The configuration of the end townhome units, in concert with the center driveway for the
ground level parking garage, produces three driveways for this proposed project. The Code in
Section 3-1402.B prohibits more than one entrance/exit per property unless necessary to alleviate
congestion and improve traffic flow. Additionally, Section 3-102.D.1 requires a minimum driveway
connection spacing of 125 feet. The applicant asserts that other townhome projects have more
than one driveway. However, those projects were designed with all units being townhome units,
not a combination of condominium flats and townhomes. The project at 190 Brightwater Drive
was approved with only one driveway. The project next door at 205,209, and 214 Brightwater
Drive was approved with two driveways, on either end of the property on the cul-de-sac, as
directional entrance and exit driveways. The applicant has not provided sufficient justification for
the approval of the requested three driveways.
Community Development 2004-12-14
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.
.
.
The request is being processed as a Comprehensive Infill Redevelopment Project due to
the setback reductions being requested to the building, pavement and dumpster staging area.
The proposal includes reductions to the front (north) setback from 15 to 6.2 feet (to building) and
from 15 to zero feet (to dumpster staging pad), reductions to the side (east) setback from 10 to 7.2
feet (to building) and from 10 to five feet (to pool deck), a reduction to the side (west) setback from
10 to 5.7 feet (to building), reductions to the rear (south) setback from 20 to 11.5 feet (to building)
and from 20 to zero feet (to pool deck). Reductions of side setbacks to pavement are similar to
other projects on Brightwater Drive and are appropriate, but must be viewed in concert with the
request for multiple driveways. The front setback reduction for the dumpster staging area has
been approved for other projects.
Setback reductions requested to the front and rear are the most severe on Brightwater
Drive to-date. Most redevelopment projects have met or exceeded the front setback requirement
of 15 feet to the building. Only 190 Brightwater Drive requested and was approved for a front
setback reduction to the building from 15 to 14.5 feet, due to the angles of the lot and the
applicant lining the building up with the east side and rear property lines. With this proposal, the
main building is set back approximately 18 feet from the front property line. However, the
stairwells extend from the main building to within 6.2 feet of the front property line. The trash
tower is situated to within 7.5 feet of the front property line. The elevator tower is setback 10 feet
from the front property line. These requested reductions to the front setback are excessive, would
set an unnecessary precedent and could lead to other similar requests on Brightwater Drive. In
two occasions at 161 Brightwater Drive and 205,209 and 214 Brightwater Drive the rear setback
to the building was approved for a reduction from 20 to 18 feet. It is also noted that, since the rear
of all of these lots on Brightwater Drive have seawalls, the Building Code requires an 18-foot
minimum setback to seawalls, due to the location of the dead men for the seawall. The proposal
requests an 11.5-foot rear setback to the building. This rear setback reduction, too, is severe,
would set an unnecessary precedent and could lead to other similar requests. With both the front
and rear setbacks proposed, units can be reduced in size to fit onto the site without encroaching
into required setbacks.
The proposal includes a side (east) setback reduction from 10 to 7.2 feet to the building. A
5.7 -foot side (west) setback reduction from the required 10 feet is requested. There have been
many similar side setback reductions to proposed buildings approved on Brightwater Drive. In
concert with the concerns Staff has raised with the front and rear setback reductions, the
requested side setback reductions further the notion that the proposed building is excessively
large. With the small side setbacks that have been approved, Staff has observed difficulty of
developers to construct the buildings at these approved setbacks due to inadequate area to set up
scaffolding. Additionally, Staff has found instances on Brightwater Drive where landscaping
shown on plans approved by the COB could not be installed due to inadequate area or
underground utilities. Due to these conditions, Staff has taken a more conservative approach to
side setback reductions, especially related to reductions to the proposed building, and cannot
support the side setback reductions requested to the building for this project.
Because Brightwater Drive is a dead-end cul-de-sac, water supply for this street presently
is not looped for adequate fire protection purposes. The City is currently working on looping the
water supply to provide adequate pressure for fire protection purposes, potentially to Bayside
Drive to the south via an underwater link. This water supply loop design has not been finalized.
Until such time the water supply loop is designed and constructed, no building permits for this
project would be issued.
Community Development 2004-12-14
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.
Staff does not support this proposal for the reasons enumerated above. These
requested reductions to the front, side and rear setbacks are excessive, would set an
unnecessary precedent and could lead to other similar requests on Brightwater Drive. The
proposal is not in compliance with the criteria of Section 4-1403 for the Transfer of Development
Rights, as it will not appropriately upgrade the immediate vicinity nor create a design that
enhances the form and function of the community character for the immediate vicinity. The
three driveways proposed have not been justified. 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 not been met.
.
The Development Review Committee reviewed the application and supporting materials
on November 12, 2004. The Planning Department recommends denial of the (1) Flexible
Development application to permit attached dwellings with reductions to the front (north)
setback from 15 to 6.2 feet (to building) and from 15 to zero feet (to dumpster staging pad),
reductions to the side (east) setback from 10 to 7.2 feet (to building) and from 10 to five feet (to
pool deck), a reduction to the side (west) setback from 10 to 5.7 feet (to building), reductions to
the rear (south) setback from 20 to 11.5 feet (to building) and from 20 to zero feet (to pool deck),
increases to building height from 35 to 45.75 feet (to roof deck) with an additional 4.17 feet for
parapets (from roof deck) and with an additional 14.67 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 part of a
Comprehensive Infill Redevelopment Project, under the provisions of Section 2-803.C (retaining
three existing boat docks for sole use by the property owners); and (2) the Transfer of
Development Rights for three units from 200 Brightwater Drive, under the provisions of Section
4-1403 (TDR2004-09013) for the site at 193, 199, and 201 Brightwater Drive, with the following
bases:
Bases for Denial: 1) The proposal does not comply with the Flexible Development
criteria as a Comprehensive Infill Redevelopment Project per Section 2-803.C; 2) The proposal
is not in compliance with other standards in the Code including the General Applicability Criteria
per Section 3-913; 3) The development is not compatible with the surrounding area and will not
enhance other redevelopment efforts; and 4) The proposal is not in compliance with the criteria
for the Transfer of Development Rights per Section 4-1403.A.
In response to a question, Mr. Wells said, as proposed, the applicant would have to re-
engineer the seawall, as tiebacks generally extend 18 feet into a property. Ms. Dougall-Sides
said the BAAF (Board of Adjustment and Appeal on Building/Flood Control) has granted a few
variances, mainly for swimming pools, outdoor structures, and open first-floor parking that
retains necessary access to deadmen for seawall maintenance and repair. In response to a
question, Mr. Wells said the applicant claims seawall tiebacks typically are separated by 12 feet.
Ms. Dougall-Sides said separation of tiebacks depends upon various factors.
.
In response to a question, Mr. Wells said the Fire Department has requested that no
new building permits be issued for Brightwater Drive, until the new water line is completed. Mr.
Gerlock said the new water line should be completed by June 2005. Current residual water
pressure in that area is low. Fire Code must be met before building permits are issued.
Meanwhile, applicants can obtain permits for foundations, but not for combustibles. In response
to a question, Mr. Wells said another Brightwater project approved by the CDB has been
delayed until the water line is completed. Mr. Gerlock reported construction on Brightwater
closer to Hamden is not a problem.
Community Development 2004-12-14
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.
Discussion ensued regarding discrepancies in architectural drawings and renderings in
CDB packets. Mr. Wells said the black and white versions are correct. He noted that Traffic
Engineering had determined there is inadequate justification for three driveways.
Housh Ghovaee, applicant, said he does his best to adhere to the Code. He said the
minor differences of opinion with staff are consistent with most projects approved by the CDB.
He said this project is similar to the 1 O-unit town home project at 190 Brightwater with regard to
back-out parking onto the street. He said the developer and architect designed this project to
create an undulation to the building to reduce its bulk. He said three driveways are proposed
instead of 10. Mr. Ghovaee referenced an illustration of the project, stating most of the building
is set back 18 feet from the right-of-way, including stepbacks. He felt the building is beautifully
designed and landscaped.
Steve Spencer, architect, said the initial design was modified to include detailed
architectural elements as requested by the DRC. In response to a question, he said the pavilion
does not extend along the entire roof. He said 90% of the front setback of the building is. at 18
feet. He said 6-foot setbacks only are proposed for the stair area, trash chute, and elevator.
The townhomes are stepped back from the condominiums.
.
Roland Rogers,. developer, said the project will reengineer the seawalls to make the
dead men safe. He said most of Brightwater Drive deadmen are 45 years old and need
replacement. He said he has invested close to $65 million in approximately 10 projects on
Brightwater Drive. He said this project is consistent with nearby projects. In response to a
question, Mr. Rogers said most of the units will feature three bedrooms. Concern was
expressed proposed parking will be inadequate. Mr. Rogers said most ownership is expected to
be seasonal and parking should be adequate. He said sales have been brisk and parking
spaces have not been an issue.
Mr. Ghovaee said the BAAF recently approved construction of a building within seven
feet of the seawall for a different project. He said seawalls can be re-engineered.
Ms. Tarapani said the BAAF is responsible for granting seawall-related variances. The
other referenced project is on the mainland, has different characteristics, and should not be
considered when reviewing this case. She said if the CDB approves this project and the BAAF
denies a variance request, the project would have to be redesigned. Ms. Dougall-Sides said the
case referenced by Mr. Ghovaee had fire lane access requirements.
In response to a question, Mr. Wells said the stairwell at 190 Brightwater Drive is 14.5
feet from the road and is the closest structure to Brightwater Drive. Mr. Wells said the elevator,
trash chute, and stairwell are part of the building. He said the rear setback is not solely for
parking.
Mr. Ghovaee requested a continuance if the CDB determines the project is
unacceptable.
.
Discussion ensued, with comments that the extent of the variances requested is too
extreme, especially those on the rear of the building, three driveways is excessive, the plan
lacks open space, this project creates too much bulk on a small piece of property, and it
appears the townhomes are glued onto the ends of the building.
Mr. Ghovaee requested a continuance.
Community Development 2004-12-14
28
.
.
It was felt the applicant should not have the ability to request a continuance after the
Chair closed the public hearing. Ms. Dougall-Sides said applicants have no automatic right to
request a continuance, however, the CDS may choose to make a recommendation and take a
vote. Ms. Tarapani said should the CDS deny the application, the applicant can come back
within nine months with an application on the same site, provided it is substantially different and
addresses the design issues enumerated in the staff report.
It was remarked staff carefully reviews these projects, meets with applicants, and
informs them of issues and concerns. It was suggested applicants should try to resolve issues
with staff rather than requesting a continuance once the CDS's concerns are expressed and it
appears the case will be denied.
Member Plisko moved to deny Item #F1, Case FLD2004-09070fTDR2004-09013 for
193, 199, and 201 Srightwater Drive. The motion was duly seconded and carried
unanimously.
G. DIRECTOR'S ITEM (Item 1):
1. Discussion regarding Review of Development Processes
Ms. Tarapani said previously, the CDS had discussed the need to review development
processes. She said as a result of the recent Community Development Code training, the City
Council may schedule a discussion of Code changes they support. She suggested the CDS
schedule a similar workshop.
Discussion ensued with remarks that the CDS workshop should be held prior to the
Council discussion, that users of the Code should be invited, that the meeting should be open to
the public and entail a brainstorming session on theory and philosophy of the Code, and that staff
should submit some of their suggestions/issues prior to the meeting.
Ms. Tarapani suggested the CDS determine their areas of concern related to reoccurring
problems and develop alternatives. It was suggested that CDS members e-mail their issues and
concerns regarding the Code to Ms. Tarapani.
Consensus was for staff to schedule a 1 - 2 hour special workshop in January if possible.
Other
Ms. Dougall-Sides reported the July 2004, CDS approval of a flexible development
application for 1925 Edgewater Drive had been appealed. The Administrative Law Judge upheld
the CDS decision, finding sufficient evidence before the board supported its decision.
Member Moran was congratulated for completing the Clearwater Citizens Academy with
perfect attendance.
It was noted CDS meetings will begin at 1 :00 p.m. in January 2005.
In response to a request, Ms. Dougall-Sides will review with the CDS Chair the instructions
. related to party status to clarify the language.
Community Development 2004-12-14
29
.
.
.
New board member Coates was welcomed to the board.
Member Moran announced her resignation from the COB effective after this meeting. She
has been on the COB for almost six years. The Chair thanked her for her service.
Member Johnson said he has enjoyed his tenure on the COB and wished everyone a
Merry Christmas and Happy New Year.
H. ADJOURNMENT
The meeting adjourned at 4:37 p.m.
~
. I. ria Jl1f}~
. oard Reporter
Community Development 2004-12-14
30
COMMUNITY DEVELOPMENT BOARD
Meeting Date: December 14, 2004
I have conducted a personal investigation on the personal site visit to the
following properties.
Address Case # Owner/ Applicant
503 Marshall Street FLD2004-020 1 0 1504 N. Garden Inc.
j yes no
'f
/
432 Poinsettia A V7ue FLD2004-09067 Joseph Caraeo
. yes no
2660 Gulfto Bay Blvd FLD2004-09069 KB Investment Holdings, LTD.
-Lyes no
37 Causeway B~ FLD2004-0504l City of Clearwater
yes no
199 - 201 Brightwater Drive FLD2004-09070 /
J TDR2004-09013
-+--yes no
LaBella Vista of Clearwater, LLC
470 & 500 Mandalay Avenue & 470,489,490 & 495 Beach Drive
FLD2004-09068 / PL T2004-000 16 / SGN2004-09020 / DV A2004- 00005
Hunter Hotel Company & Mandalay Investments, LLC
~yes
no
900 N Osceola Avenue FLD2004-07053
j., yes no
2060 Evergreen Avenue ANX2004-080 14
Clearwater Bay Marina, LLC.
Bernard K Reichel
.~ yes
"
no
1481 Carolyn Lane ANX2004-10015
-tyes no
'"
'\
Signature:
S:\Planning Department\C D B\CDB, pr
Robert A. Binder & Michael Lucas
Date: \1.-\ 16, \0'\
'nvestigation check list.doc
2
COMMUNITY DEVELOPMENT BOARD
Meeting Date: December 14~ 2004
I have conducted a personal investigation on the personal site visit to the
following properties.
5
Address Case # Owner/ Applicant
503 Marshall ~ FLD2004-020 1 0 1504 N. Garden Inc.
yes no
~
432 Poinsettia FLD2004-09067 Joseph Caraco
yes no
2660 Gulf to FLD2004-09069 KB Investment Holdings, LTD.
yes no
p
.",
'J
'1'
FLD2004-05041
City of Clearwater
yes
no
199 - 201
twat r Drive FLD2004-09070 /
TDR2004-09013
LaBella Vista of Clearwater, LLC
yes
no
~ 470 & 500 Man Avenue & 470, 489, 490 & 495 Beach Drive
FLD2004-090~T2004-00016 I SGN2004-09020 I DV A2004- 00005
Hunter Hotel C . Y & Manda1ay Investments, LLC
. yes no
6
900 N osceo~ue
q=yes
2060 Evergree~ue
yes
-----
FLD2004-07053
Clearwater Bay Marina, LLC.
7
no
ANX2004-080 14
Bernard K Reichel
no
ANX2004-l 00 15
Robert A. Binder & Michael Lucas
yes
no
"'
Date:
e t\~ investigation check list.doc
~~
~
2
COMMUNITY DEVELOPMENT BOARD
Meeting Date: December 14~ 2004
I have conducted a personal investigation on the personal site visit to the
following properties.
Address Case #
503 Marshall S::L: FLD2004-020 I 0
yes no
432 Poinsettia AV7 FLD2004-09067
yes no
2660 Gulf to Bay Blvd FLD2004-09069
/ yes no
37 Causeway B~ FLD2004-05041
yes no
Owner/ Applicant
1504 N. Garden Inc.
(lJJ~t
Joseph Caraco
KB Investment Holdings, LTD.
City of Clearwater
199 - 20 I Brightwater Drive FLD2004-09070 /
TDR2004-09013
LaBella Vista of Clearwater, LLC
.JI
yes
no
470 & 500 Mandalay Avenue & 470,489,490 & 495 Beach Drive
FLD2004-09068 / PLT2004-00016 / SGN2004-09020 / DV A2004- 00005
Hunter Hotel Company & Mandalay Investments, LLC
~yes
no
900 N Osceola Avenue
yes
FLD20J7053
no
Clearwater Bay Marina, LLC.
2060 Evergreen A venue
ANX2004-08014
Bernard K Reichel
yes
'\ /
v
no
.
1481 Carolyn Lane
ANX2004-1 00 15
yes 1I/ no
Robert A. Binder & Michael Lucas
\CDB, property investigation check list.doc
Date: /;;.) I tjdr
2
,
COMMUNITY DEVELOPMENT BOARD
Meeting Date: December 14~ 2004
I have conducted a personal investigation on the personal site visit to the
following properties.
Address
503 Marshall Street
432 Poinsettia Avenue
yes
2660 Gulf to Bay Blvd
37 Causeway Blvd
Case #
Owner/ Applicant
yes
FLD2004-020 I 0
~no
1504 N. Gardenlnc.
yes
FLD2004-09067
7- no
FLD2004-09069
)L- no
KB Investment Holdings, LTD.
Joseph Caraco
FLD2004-05041
yes )L- no
City of Clearwater
199 - 201 Brightwater Drive FLD2004-09070 /
TDR2004-09013
~ yes
470 & 500 Mandalay Avenue & 470,489,490 & 495 Beach Drive
FLD2004-09068 / PLT2004-00016 / SGN2004-09020 / DV A2004- 00005
Hunter Hotel Company & Mandalay Investments, LLC
/'
yes
900 N Osceola A venye
~ yes
2060 Evergreen A venue
yes
LaBella Vista of Clearwater, LLC
no
no
FLD2004-07053
Clearwater Bay Marina, LLC.
no
ANX2004-080 14
K no
--
Bernard K Reichel
1481 Carolyn Lane
yes
ANX2004-l 00 15
t< no
,
~
Robert A. Binder & Michael Lucas
Signature:
S:\Planning epartment\C D B\CDB, pr erty investigation check list.doc
Dale: 12/110/
2
T
COMMUNITY DEVELOPMENT BOARD
Meeting Date: December 14~ 2004
I have conducted a personal investigation on the personal site visit to the
following properties.
Address
Case #
Owner/ Applicant
503 Marshall Street
FLD2004-020 I 0
yes --$-no
1504 N. Garden Inc.
432 Poinsettia Avenue
yes
FLD20A'09067
no
Joseph Caraco
2660 Gulf to Bay Blvd
FLD2004-09069
KB Investment Holdings, LTD.
yes ~ no
37 Causeway Blvd
FLD2004-05041
yes ~ no
City of Clearwater
199 - 20 I Brightwater Drive FLD2004-09070 /
TDR2;i-090 13
yes no
470 & 500 Mandalay Avenue & 470, 489, 490 & 495 Beach Drive
FLD2004-09068 / PLT2004-00016 / SGN2004-09020 / DV A2004- 00005
Hunter Hotel Company & Mandalay Investments, LLC
.+ no
LaBella Vista of Clearwater, LLC
yes
900 N Osceola Avenue
yes
FLD2)t07053
no
Clearwater Bay Marina, LLC.
2060 Evergreen A venue
ANX2004-080 14
Bernard K Reichel
yes --t- no
1481 Carolyn Lane
ANX2004-1 00 15
yes +- no
Robert A. Binder & Michael Lucas
Date:
2