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03/21/2006 . . . COMMUNITY DEVELOPMENT BOARD MEETING MINUTES CITY OF CLEARWATER March 21, 2006 Present: David Gildersleeve Kathy Milam J. B. Johnson Thomas Coates Dana K. Tallman Nicholas C. Fritsch Daniel Dennehy Chair Board Member Board Member Board Member Board Member Board Member Acting Board Member Absent: Empty Seat Board Member Also Present: Morris Massey Leslie Dougall-Sides Michael L. Delk Gina Clayton Patricia O. Sullivan Attorney for the Board Assistant City Attorney Planning Director Assistant Planning Director Board Reporter The Chair called the meeting to order at 1 :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: February 21,2006 Member Johnson moved to approve the minutes of the regular meeting of February 21, 2006, as recorded and submitted in written summation to each board member. The motion was duly seconded and carried unanimously. D. REQUESTS FOR CONTINUANCE: (Items 1 - 2) Community Development 2006-03-21 1 . . . 1. Case: FLD2005-09094 - 1091 Eldorado Avenue Level Two Application (Request for continuance to April 18, 2006) Owner/Applicant: Carlouel Yacht Corp. Representative: Robert M. Thompson Jr. (1230 South Myrtle Avenue, Suite 301, Clearwater, FL 33756; phone: 727-446-2200; fax: 727-447-6524; e-mail: rcompan3@tampabay.rr.com). Location: 3.523 acres located on the east side of Eldorado Avenue, approximately 300 feet north of Bay Esplanade. Atlas Pages: 227 A and 238A. Zoning District: Institutional (I) District. Request: Flexible Development approval for the expansion of an existing commercial dock by adding three floating docks (two 10' x 70' and one 10' x 76' floating dock additions) to the existing 10' x 250' floating dock for transient vessel mooring, with a reduction in side (north) setback from 226.13 feet to 76 feet, under the provisions of Section 3-601. Proposed Use: Expansion of an existing commercial dock. Neighborhood Associations: Clearwater Beach Association (Jay Keyes, 100 Devon Drive, Clearwater, FL 33767: phone: 727-443-2168; e-mail: papamurphy@aol.com); Clearwater Neighborhoods Coalition (Sondra Kerr, President, P.O. Box 8204, Clearwater, FL 33758). Presenter: Wayne M. Wells, AICP, Planner III. The original application was for the expansion of an existing commercial dock (10-foot x 107 -foot floating dock addition to an existing 10-foot x 250-foot floating dock for transient vessel mooring), with a reduction in side (north) setback from 226.13 feet to 3.3 feet. At their meeting on December 20, 2005, the COB (Community Development Board) continued this application, at the applicant's request, to the January 17, 2006, agenda in order to address neighbor concerns. The applicant modified their application to only relocate the existing 10-foot x 250-foot floating dock out 81 feet from the seawall and removed the dock extension that projected farther out from this relocated floating dock. The COB at their January 17, 2006, meeting again continued the proposal to the March 21, 2006, meeting to further address neighbor concerns. Prior to issuing the Staff Report for the March 21, 2006, COB meeting, legal council for adjacent property owners questioned the ability to approve the expansion of an accessory use when the principal use is a nonconforming use. It has been determined that the request must be re-advertised to include the approval of the principal use (social and community center), along with a deviation to allow the use to abut residential zoning districts. Staff recommends that this application be continued to a date uncertain in order to properly advertise the entire request. Member Coates moved to continue Item 01, Case: FLD2005-09094 for 1091 Eldorado Avenue to April 18, 2006. The motion was duly seconded and carried unanimously. Community Development 2006-03-21 2 . . . 2. Case: FLD2005-08085 - 400 Jones Street Level Two Application (Request for Continuance to a date uncertain) Owner/Applicant: Church of Scientology Flag Service Organization, Inc. Representative: Kenneth H. Roush, P.E. (521 Chestnut Street, Clearwater, FL 33756; phone: 727-466-6772; fax: 727-466-6882; e-mail: kencrete@aol.com). Location: The 0.56 and 2.29-acre subject properties are located at the northeast and southeast corners of North Osceola Avenue and Jones Street, respectively. Atlas Page: 277B. Zoning District: Downtown (D) District. Request: Flexible Development request for a 54,761 square-foot office with accessory basement dining with: 1) An increase to building height from 30 feet to 77 feet (to roof deck) and 2) A reduction to the parking requirement from 240 to 87 parking spaces (inClusive of the existing 76 room hotel and the proposed 54,761 square-foot office) as part of a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-903.C. Proposed Use: Offices. Neighborhood Associations: Clearwater Neighborhoods Coalition (Sondra Kerr, President, P.O. Box 8204, Clearwater, FL 33758); and Old Clearwater Bay Neighborhood (1828 Venetian Point Drive, Clearwater, FL 33767; phone: 727-461-0564; e-mail: southern@tampabay.rr.com). Presenter: Robert G. Tefft, Planner III. At its meeting of January 17, 2006, the CDB postponed this development proposal to its meeting of March 21, 2006, at the request of the applicant. The applicant subsequently withdrew the plans (although not the project) from the Planning Department in order to make revisions for the meeting of March 21, 2006. To date, the applicant has not submitted revised plans for Board approval; thus the application cannot be heard at this meeting as originally anticipated. The applicant has not been able to provide any certain date as to when this item would be resubmitted for consideration by the Board; therefore it is requested that the Board postpone this item to a date uncertain. Member Fritsch moved to continue Item D2, Case: FLD2005-08085 for 400 Jones Street to a date uncertain. 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 - 4) Community Development 2006-03-21 3 . . . 1. Case: FLD2005-02018 - 121 - 123 Kenwood Avenue Level Two Application Owner/Applicant: Fedor Melnick. Representative: Mario Esphillat (4706 N. Thatcher Avenue, Tampa, FL 33614; phone: 813-267-9674; fax: 727-443-0569; e-mail: mavomivo@aol.com). Location: 0.219-acre located on the east side of Kenwood Avenue, approximately 250 feet south of Drew.Street. Atlas Page: 287B. Zoning District: Medium High Density Residential (MHDR) District. Request: Flexible Development approval to permit two attached dwellings in the MHDR District with a reduction to the minimum lot area from 15,000 square-feet to 9,548 square-feet, a reduction to the minimum lot width from 150 feet to 70 feet and a deviation to permit parking that is designed to back into the public right-of-way, as a Residentiallnfill Project, under the provisions of Section 2-404.F. Proposed Use: Attached dwellings (two townhome-style units). Neighborhood Associations: Clearwater Neighborhoods Coalition (Sondra Kerr, President, P.O. Box 8204, Clearwater, FL 33758). Presenter: Wayne M. Wells, AICP, Planner III. The 0.219 acre is located on the east side of Kenwood Avenue, approximately 250 feet south of Drew Street, and within the East Gateway Character District of the Downtown Redevelopment Plan. The site currently is vacant and has 70 feet of frontage on Kenwood Avenue. The parcel previously was developed with a detached dwelling that was demolished in 1998, due to it being unsafe. A similarly sized lot abuts to the south, which previously was vacant. The CDB approved this adjacent lot on May 17, 2005, for a two attached dwellings (townhomes), which is now under construction (FLD2005-02023/PL T2005-00005). The parcel farther to the south is developed with a four-unit apartment building, with the building oriented east/west, but with the units oriented north/south. The surrounding area is developed with both attached and detached dwellings. Parking for the apartments to the northwest of the subject property at the southwest corner of Drew Street and Kenwood Avenue is partially located within the right-of-way and requires vehicles to back into the street to exit. Due to the size of the parcel and the maximum density allowed under the Residential High land use category, this parcel could be developed with a maximum of six dwellings. The proposal, however, is to develop the property with two attached dwellings, townhome-style, in a two-story building. Each unit is proposed with approximately 1,684 square-feet of enclosed floor area, including a one-car garage for the southern unit. A six-foot by 10-foot patio at the rear of each unit is proposed. The residential building meets and/or exceeds all required setbacks, with the building situated at a 65-foot setback from the front property line in order to preserve a large oak tree. The building is proposed to have a stucco finish on the ground floor with vinyl siding on the second floor of a "classic taupe" color, with "weathered sandstone" colored trim,and will have a shingle roof. Each dwelling will have black barrel trash collection service, with the black barrels stored to either side of the building behind a six-foot high solid fence. A sidewalk will be constructed within the right-of-way of Kenwood Avenue for pedestrian safety, where no sidewalk presently exists. The two proposed town home dwellings are compatible with adjacent lands uses, which is a mixture of attached and detached dwellings. The town home units proposed for this parcel, processed as a residential infill project, will also upgrade the immediate vicinity. With two-story attached dwelling buildings abutting to the south and on either side of Kenwood Avenue at Drew Street, the proposal will be in harmony with the scale, bulk, density and Community Development 2006-03-21 4 . . . character of the surrounding area. The proposal is in compliance with the East Gateway Character District vision and policies, as well as the Downtown Design Guidelines. The proposal includes a reduction to the minimum lot area from 15,000 square-feet to 9,548 square-feet and a reduction to the minimum lot width from 150 feet to 70 feet. While the lot area amounts to a 36.4% reduction from that required and the lot width reduction amounts to a 53.3% reduction from that required, these reductions should be viewed in light of the proposed number of units. The proposed density is 9.13 units per acre, which represents a 66.7% reduction from the 30 units per acre allowed within the Residential High Category. The applicant is not attempting to build to the maximum allowable or overbuild this parcel, which is also reflected in the proposed setbacks (to building). The two parcels to the south are the same lot area and lot width as the subject parcel. The adjacent parcel to the south was approved for the same lot area and lot width reductions as requested for the subject parcel and is being developed with also only two town home-style attached dwellings. The parcel two lots to the south is developed with four attached dwelling units. The applicant does not intend to subdivide the property into individually owned lots, but will rather record a condominium plat. The flexibility requested in regard to lot area and width is justified by the benefits to community character of the immediate vicinity of this parcel, which includes detached dwellings, and the City of Clearwater as a whole. Only the southern townhome dwelling is proposed with a one-car garage. Each town home dwelling is proposed with a singlewide driveway that can accommodate three cars in a stacked parking arrangement. The design requires that cars back-out into the right-of-way to exit the site, which is a deviation requested as part of this proposal. 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 garage. The site is located on Kenwood Avenue, which is only one block in length between Grove Street and Drew Street, and only used by persons living or visiting homes or apartments on this street. From a traffic standpoint, this concept of "back-out" parking for town homes may be acceptable on a low volume street such as this. It should not be considered, however, as a precedent for deviation from the Code provision of restricting "back- out" movement into the right-of-way for single-family residential uses only, and will be reviewed on a case-by-case basis. The proposal will minimize traffic congestion. Prior to the issuance of any permits, the Landscape Plan will need to be amended to ensure the provision of foundation and perimeter landscaping to Code requirements, provide a variety of trees in concert with the existing tree canopy of the site and adjacent parcels and ensure that plant quantities are accurate. Due to the existence of overhead utility lines along the frontage of the property, only accent trees can be planted within 20 feet of these utility lines. All applicable Code requirements and criteria including, but not limited to, General Applicability criteria (Section 3-913), Residentiallnfill Project criteria (Section 2-404.F) and Downtown Design Guidelines have been met. There are no outstanding enforcement issues associated with this site. Findinas of Fact: 1) The subject 0.219 acre is zoned Medium High Density Residential (MHDR) District, which is consistent with the Residential High (RH) Category; 2) The subject property is located within, and is in compliance with the vision and policies of, the East Gateway Community Development 2006-03-21 5 . . . Character District of the Downtown Redevelopment Plan; 3) The site currently is vacant; 4) Similarly sized (lot area and lot width) parcels abut to the south; 5) While the maximum allowable number of dwelling units for this parcel is six units, the applicant is only proposing to develop the property with two dwelling units, amounting to a 66.7% reduction to that allowed; 6) The proposal meets and/or exceeds all Code requirements with regard to setbacks, building height and parking, and is in compliance with the Downtown Design Criteria; 7) Flexibility requested in regard to lot area and width is justified by the benefits to community character of the immediate vicinity of this parcel; 8) The proposal is compatible with the surrounding development, will enhance the character of the immediate vicinity and will upgrade the appearance of the surrounding area; and 9) There are no active code enforcement cases for the parcel. Conclusions of Law: 1) Staff concludes that the proposal complies with the Flexible Development criteria as a Residentiallnfill Project per Section 2-404.F; 2) Staff concludes that the proposal is in compliance with the General Applicability criteria per Section 3-913 and the other standards of the Code; 3) Staff further concludes that the proposal meets the Downtown Design Guidelines; and 4) Based on the above findings and proposed conditions, staff recommends approval of this application. The DRC (Development Review Committee) reviewed the application and supporting materials on March 31,2005, and February 2,2006. The Planning Department recommends approval of the Flexible Development approval to permit two attached dwellings in the MHDR District with a reduction to the minimum lot area from 15,000 square-feet to 9,548 square-feet, a reduction to the minimum lot width from 150 feet to 70 feet and a deviation to permit parking that is designed to back into the public right-of-way, as a Residentiallnfill Project, under the provisions of Section 2-404.F, for the site at 121 - 123 Kenwood Avenue, with the following bases and conditions: Bases for Approval: 1) The proposal complies with the Flexible Development criteria as a Residentiallnfill Project per Section 2-404.F; 2) The proposal is in compliance with other standards in the Code including the General Applicability Criteria per Section 3-913; 3) The proposal meets the Downtown Design Guidelines of the Clearwater Downtown Redevelopment Plan; and 4) The development is compatible with the surrounding area and will enhance other redevelopment efforts; AND Conditions of Approval: 1) That the final design and color of the building be consistent with the conceptual elevations submitted to, or as modified by, the CDB; 2)That a Condominium Plat be recorded in the public records prior tothe issuance of the first Certificate of Occupancy; 3) That prior to the issuance of any permits, the Landscape Plan be amended, acceptable to the Planning Department, to ensure the provision of foundation and perimeter landscaping to Code requirements, provide a variety of trees in concert with the existing tree canopy of the site and adjacent parcels and ensure that plant quantities are accurate; 4) That all Parks and Recreation fees be paid prior to the issuance of any permits; and 5) That all Fire Department requirements be met prior to the issuance of any permits. See page 8 for motion of approval. Community Development 2006-03-21 6 . . . 2. Pulled from Consent Agenda Case: ANX2005-12039 - 3076 Cherry Lane Level Three Application Owners: William & Vickie Collins (3076 Cherry Lane, Clearwater, FL 33759; Telephone 727-644-8143). Location: A 0.189-acre parcel of land located on the north side of Cherry Lane approximately 135 feet west of McMullen-Booth Road. Atlas Page: 292A. Request: (a) Annexation of 0.189-acre of property to the City of Clearwater; (b) Future Land Use Plan amendment from Residential Urban (RU) Category (County) to Residential Urban (RU) Category (City of Clearwater); and (c) Rezoning from R-2, Single-Family Residential District (County) to Low Medium Density Residential (LMDR) District (City of Clearwater). Proposed Use: Single-family detached dwelling. Neighborhood Association(s): Clearwater Neighborhoods Coalition (Sondra Kerr, President, P.O. Box 8204, Clearwater, FL 33758). Presenter: Cky Ready, Planner II. This annexation involves a 0.189-acre property consisting of one parcel containing a 20- foot easement for street purposes. It is located on the north side of Cherry Lane, approximately 135 feet west of McMullen-Booth Road. The property is located within an enclave and is contiguous to existing City boundaries to the west; therefore, the proposed annexation is consistent with Pinellas County requirements with regard to voluntary annexation. The applicant is requesting this annexation in order to receive sanitary sewer and solid waste service from the City. It is proposed that the property be assigned a Future Land Use Plan designation of Residential Urban (RU) and a zoning category of Low Medium Density Residential (LMDR). There are no current code enforcement violations or any code enforcement history on this site. The proposed annexation can be served by City of Clearwater services, including sanitary sewer, solid waste, police, fire and emergency medical services without any adverse effect on the service level. The proposed annexation is consistent with both the City's Comprehensive Plan and is consistent with Pinellas County Ordinance #00-63 regarding voluntary annexation. Based on its analysis, the Planning Department recommends approval of: 1) The annexation of 0.189-acre to the City of Clearwater; 2) The Residential Urban (RU) Future Land Use Plan classification; and 3) The Low Medium Density Residential (LMDR) zoning classification pursuant to the City's Community Development Code. See page 8 for motion to recommend approval. Community Development 2006-03-21 7 . . . 3. Case: ANX2005-12040-1737 Lucas Drive Level Three Application Owner: Central Realty, Inc. (6580 72nd Avenue North, Pinellas Park, FL 33781; Telephone 727-546-7299). Location: A 0.192-acre parcel of land located on the east side of Lucas Drive approximately 650 feet from the intersection of Lucas Drive and SR 590. Atlas Page: 264A. Request: (a) Annexation of 0.192-acre of property to the City of Clearwater; (b) Future Land Use Plan amendment from Residential Low (RL) Category (County) to Residential Low (RL) Category (City of Clearwater); and (c) Rezoning from R-3, Single-Family Residential District (County) to Low Medium Density Residential (LMDR) District (City of Clearwater). Proposed Use: Single-family detached dwelling. Neighborhood Association(s): Clearwater Neighborhoods Coalition (Sondra Kerr, President, P.O. Box 8204, Clearwater, FL 33758). Presenter: Michael H. Reynolds, AICP, Planner III. The subject property is located on the east side of Lucas Drive, approximately 650 feet north of the intersection of Lucas Drive and SR 590. The property is located within an enclave and is not contiguous to existing City boundaries; therefore, the proposed annexation is consistent with Pinellas County requirements with regard to voluntary annexation. The applicant is requesting this annexation in order to receive sanitary sewer and solid waste service from the City. The subject site is approximately 0.192 acre in area and is being . developed with a single family detached dwelling. It is proposed that the property be assigned a Future Land Use Plan designation of Residential Low (RL) and a zoning category of Low Medium Density Residential (LMDR). There are no current code enforcement violations or any code enforcement history on this site. The proposed annexation can be served by City of Clearwater services, including sanitary sewer, solid waste, police, fire and emergency medical services without any adverse effect on the service level. The proposed annexation is consistent with both the City's Comprehensive Plan and is consistent with Pinellas County Ordinance #00-63 regarding voluntary annexation. Based on its analysis, the Planning Department recommends approval of: 1) The annexation of 0.192 acre to the City of Clearwater; 2) The Residential Low (RL) Future Land Use Plan classification; and 3) The Low Medium Density Residential (LMDR) zoning classification pursuant to the City's Community Development Code. Member Coates moved to approve Item E1, Case FLD2005-02018 for 121 -123 Kenwood Avenue based on Findings of Fact and Conclusions of Law as listed, the Staff report, and including Bases of Approval and Conditions of Approval, as listed, and moved to recommend approval of Item E2, Case ANX2005-12039 for 3076 Cherry Lane based on Findings of Fact and Conclusions of Law as listed, and the Staff report, and Item E3, Case ANX2005-12040 for 1737 Lucas Drive based on Findings of Fact and Conclusions of Law as listed, and the Staff report. The motion was duly seconded and carried unanimously. Community Development 2006-03-21 8 . . . 4. Pulled from Consent Agenda Level Three Application Case: T A2006-01 001 Amendments to the Community Development Code Applicant: City of Clearwater, Planning Department. Request: Amendments to the Community Development Code regarding numerous provisions including revising the Comprehensive Infill Redevelopment Projects flexibility criteria, increasing density for overnight accommodations, increasing parking requirements for attached dwellings as Residentiallnfill projects, permitting restaurants as a stand alone use through both minimum standa'rd development and flexible standard development, removing the exception for the prohibition of sandwich board signs, and revising code provisions to improve enforcement of the code. Neighborhood Association: Clearwater Neighborhoods Coalition, (Sondra Kerr, President P.O. Box 8204, Clearwater, FL 33758). Presenter: Michael H. Reynolds, AICP, Planner III. Senior Planner Michael Reynolds reviewed the proposed amendments. Since passage of the Community Development Code in 1999, the Planning Department has reviewed the Code as it applies to certain proposed development and the City process of development review applications. City of Clearwater staff has provided input aimed at improving the Code based on how staff has experienced the Code's performance in various circumstances. City staff developed a list of existing Community Development Code provisions that should be amended to better reflect City development patterns and improve internal processes. As part of the Code update process, suggested amendments have been collected from the Planning and Development Services Departments. Discussions occurred to make certain that the amendments are workable and not conflicting with other City codes and processes. The Planning Department is recommending a total of 30 amendments to the Community Development Code. Some amendments present a change in current policy or a new policy issue. Other amendments are editorial in nature, provide additional flexibility criteria, or are refinements to existing Community Development Code sections. Below is a summary of the most noteworthy proposed amendments organized by Code Article. A brief summary of other amendments also is provided. Article 2 - Zoninq Districts Parking Requirements (Pages 30 - 34 of Ordinance) Ordinance #7605-06 increases the Residentiallnfill Project minimum parking space requirement for residential dwellings, from 1.5 spaces to 2 spaces per unit in the LDR, LMDR, MDR, and MHDR Zoning Districts. This amendment addresses concerns raised by the Planning Department, the City Council, and the public regarding the need for additional parking for new residential development. Comprehensive Infill Redevelopment (Pages 3 - 30 of Ordinance) - This ordinance includes proposed amendments to improve the flexibility criteria for proposed Comprehensive Infill Redevelopment projects. The proposed criteria focuses on minimizing impacts on surrounding properties, encouraging compatibility between adjacent land uses, meeting certain use objectives, and improving the quality of design. Community Development 2006-03-21 9 . Density for Overnight Accommodation Units (Page 6 of Ordinance) - In an effort to provide incentives for hotel development in Clearwater, this ordinance proposes an increase in the number of overnight accommodation units per acre, from 40 units per acre to 50 units per acre. This increase is consistent with density provisions set forth in the Clearwater Comprehensive Plan. Restaurants, permitted as a primary use in the IRT District (Pages 20 - 24 of Ordinance) - This ordinance proposes an amendment to permit restaurants as a primary use through both minimum standard development and flexible standard development. The current provisions restrict restaurants to accessory uses. Article 3 - Development Standards Parking of vehicles on grass, by City permission (Page 34 of Ordinance) - In order to accommodate public purpose parking on grass surfaces, City of Clearwater administrative staff will consider permission on a case-by-case basis. Other Amendments Proposed Ordinance #7605-06 includes a significant number of amendments that the Planning Department believes will assist residents and staff but do not have major policy implications. These amendments include: 1) Prohibiting graffiti; 2) Authorizing specific personnel to remove and impound inoperative vehicles on public property; and 3) Amending definitions. . Criteria for Text Amendments: Code Section 4-601 specifies the procedures and criteria for reviewing text amendments. Any Code amendment must comply with the following: 1) The proposed amendment is consistent with and furthers the goals, policies, objectives of the Comprehensive Plan. Below is a selected list of goals, policies, objectives from the Clearwater Comprehensive Plan that are furthered by the proposed amendments to the Community Development Code: 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. The proposed ordinance strengthens the Comprehensive Infill criteria with regard to design criteria and neighborhood compatibility. It also increases hotel density to encourage hotel redevelopment. . 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 proposed amendments provide for increased parking requirements for residential development. The proposed amendments further the purposes of the Community Development Code and other City ordinances and actions designed to implement the Plan. The proposed text amendments include a broad range of regulations ranging from permitted uses, standards, flexibility criteria, procedures, enforcement and definitions. The proposed amendments are consistent with the provisions of Section 1-103 that lists the purposes of the Code. Community Development 2006-03-21 10 . . . The proposed amendments to the Community Development Code are consistent with the Clearwater Comprehensive Plan and the purposes of the Community Development Code. They also further the original redevelopment goals that established the Code. Existing Community Development Code provisions are amended to better reflect City development patterns and improve internal process. The Planning Department Staff recommends approval of Ordinance #7605-06, which makes revisions to the Community Development Code. Mr. Reynolds said sandwich boards have been removed from this group of amendments. Amendments focus on parking requirements, comprehensive infill development overnight accommodations, parking vehicles on grass for public uses, and permitting restaurants in IRT. Recommendations are to increase density for overnight accommodations as an incentive for hotel development In response to a question, he said random parking on the grass for non public purposes are not allowed. It was recommended that staff consider a mechanism to permit private parking on grass once or twice a week. In response to a question, Planning Director Michael Delk said use of the lot across from the MSB (Municipal Services Building) is subject to special request approval. Code enforcement is enforcing laws, which prohibit parking on grass. Mr. Reynolds referenced language in two footnotes designed to satisfy PPC (Pinellas Planning Council) concerns regarding restaurant uses in IRT. Concern was expressed the word "envision" on page 6 is problematic. Staff will work to refine the language. In response to a question, Mr. Delk said further staff discussions are planned to look at increased density, capturing non-conforming units, and reducing land development costs. Two persons spoke with concerns: one said terms in the revision need clarification and one expressed concern proposed heights are too tall. Mr. Delk said Beach by Design governs heights in Old Florida and on the beach. It was felt that proposed changes are a step in the right direction to clarify language. Member Johnson moved to recommend approval of Item E4, Case TA2006-01001, Amendments to the Community Development Code, based the Staff report. The motion was duly seconded and carried unanimously. F. CONTINUED ITEMS: (Item 1) 1. Case: FLD2005-07077 - 107 McMullen-Booth Road Level Two Application Owners/Applicants: Patrick and Toni Hickey. Representative: Keith E. Zayac, P.E., RLA (701 Enterprise Road East, Suite 404, Safety Harbor, FL 34695; phone: 727-793-9888; fax: 727-793-9855; e-mail: keith@keithzavac.com). Location: 0.264-acre located on the east side of McMullen-Booth Road, approximately 100 feet south of Bay Lane. Atlas Page: 292B. Zoning District: Office (0) District Community Development 2006-03-21 11 . . . Request: Flexible Development approval to permit a doctor's office in the Office (0) District with a reduction to the minimum lot width of 100 feet to 64.08 feet, a reduction to the front (west) setback from 25 feet to 16 feet (to pavement), reductions to the side (north) setback from 20 feet to 10.7 feet (to existing building), from 20 feet to one-foot (to pavement) and from 20 feet to five feet (to sidewalk) and reductions to the side (south) setback from 20 feet to 7.1 feet (to existing building), from 20 feet to 9.7 feet (to pavement) and from 20 feet to 7.3 feet (to sidewalk), as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2- 1004.B, and reductions to the landscape buffer along the north property line from 12 feet to 10.7 feet (to existing building), from 12 feet to one-foot (to pavement) and from 12 feet to five feet (to sidewalk), reductions to the landscape buffer along the south property line from 12 feet to 7.1 feet (to existing building), from 12 feet to 9.7 feet (to pavement) and from 12 feet to 7.3 feet (to sidewalk) and a reduction to foundation landscaping from five feet to zero feet, as a Comprehensive landscape Program, under the provisions of Section 3-1202.G. Proposed Use: Doctor's office. Neighborhood Associations: Clearwater Neighborhoods Coalition (Sondra Kerr, President, P.O. Box 8204, Clearwater, Fl 33758). Presenter: Wayne M. Wells, AICP, Planner III. Acting Member Dennehy moved to accept Wayne Wells as an expert witness in the fields of zoning, site plan analysis, code administration, and planning in general. The motion was duly seconded and carried unanimously. Senior Planner Wayne Wells reviewed the request. The CDB originally scheduled this case for public hearing on October 18, 2005. At the applicant's request, this case was continued to the December 20, 2005, CDB meeting. The CDB at their December 20, 2005, meeting approved the applicant's request for another continuance to the February 21, 2006, CDB meeting to allow for the revision of application material to address staff concerns outlined in the Staff Report and to provide a joint access driveway and application with the property to the north, which the applicant was unable to bring forward. At the February 21, 2006, CDB meeting, the applicant proposed revisions to the proposal, which staff had not reviewed. The CDB continued the request to the March 21, 2006, agenda to allow staff the ability to review the new proposal. The 0.264-acre site is located on the east side of McMullen-Booth Road, approximately 100 feet south of Bay lane. The site has 64 feet of frontage on McMullen-Booth Road. The site currently is developed with a detached dwelling. The land use category for this parcel was amended from Residential Urban (RU) to Residential/Office Limited (RlOl) and was rezoned from County R-3 zoning to Office District in May 2001 (lUZ 00-08-09). On July 20, 2004, the CDB approved a Flexible Development case for this property to permit a doctor's office (FlD2004-04028). This request included removing the northern portion of the existing dwelling to provide a 20-foot wide drive aisle to the rear of the property where three parking spaces were to be constructed. The building square footage would have been 962.75 square-feet. A stormwater pond was approved in the front of the building. Reductions to side setbacks were approved, providing for a six-foot setback on the north side to the required handicap accessible path to the public sidewalk in the McMullen-Booth Road right-of-way and a 10-foot setback to pavement. A side setback to pavement of 9.52 feet was approved on the south side. While two tree removal permits were issued (and the trees removed) based on the CDB approval, no building permit has been applied for to construct the improvements included under FlD2004- 04028 within the one-year time frame provided by Code nor has there been any time extension Community Development 2006-03-21 12 . . . approved in order to apply for the building permit. Therefore, the approval under FLD2004- 04028 has expired. The surrounding area east of McMullen-Booth Road south of Drew Street is primarily detached dwellings. There is a church south of the single-family subdivision directly south of the subject property. The parcel on the east side of McMullen-Booth Road between Bay Lane and Drew Street is presently vacant, zoned Office District, and has been approved by the CDB on March 16, 2004, to permit an 11,350 square-foot office building (FLD2003-11061- 117 McMullen-Booth Road). This case is now expired as no building permit was submitted to construct the project within the one-year time frame from the CDB approval date. The property directly north at 111 McMullen-Booth Road is currently developed with a detached dwelling, but is zoned Office District. The proposal is to convert the existing single-family dwelling into a doctor's office. The existing building is 1,666 square-feet in area, which is proposed to be reduced to 1,393 square- feet by primarily removing the rear portion of the garage on the north side. Four parking spaces are proposed on the west side of the building. The existing driveway apron within the McMullen-Booth Road right-of-way will be expanded to provide for this nonresidential use. A stormwater pond is proposed within the 15-foot wide perimeter buffer along McMullen-Booth Road and along the south property line south of the proposed parking area. The proposal includes utilizing the existing septic tank and drainfield in the rear yard. The proposal includes a reduction to the minimum lot width of 100 feet to 64.08 feet. When converting existing detached dwellings located on major arterial or collector roadways, site design usually is complicated and compromised due to adequate lot area, adequate lot width, and the physical location of the building on the property. Generally, residential lots are not as wide as nonresidential lots when the subdivision was platted, the dwellings are placed forward on the lot to maximize the rear or private yard (where recreational activities take place) and the dwellings are fairly close to the side property lines. The dimensional requirements for 90-degree parking require a north/south dimension of 43 feet minimum (19-foot parking stall depth plus 24-foot wide drive aisle). Based on the lot width of 64 feet, this leaves only 21 feet to meet setback and buffering requirements. The minimum setback is 20 feet and the minimum landscape buffer is 12 feet for both the north and south sides of the property. The property today utilizes a joint driveway apron on McMullen-Booth Road with the property to the north, which is also zoned Office District. The property to the north presently is developed with a detached dwelling just like the subject property and has yet to be redeveloped with a nonresidential use. While it is preferable to redevelop this site in conjunction with a similar office project on the adjacent property to the north with a joint driveway accessing parking for both lots, such proposal has not materialized. Absent this joint driveway accessing parking for both lots (the subject parcel and the parcel to the north), the applicant is attempting to comply with the Code requirements for their lot only. Based on the square footage of the proposed reduced building size and the required parking ratio, the applicant is providing the minimum number of parking spaces (four, including one handicap space). While the Code sets forth the minimum requirements for parking, property owners/developers must provide for their needs. Based on the submitted floor plan converting this dwelling to a doctor's office, the reduced size of the building and the number of parking spaces provided, staff's is still concerned with the number of parking spaces provided, Community Development 2006-03-21 13 . . . from the standpoint to avoid off-site parking either into rights-of-way (McMullen-Booth Road or Bay Lane) or onto other private property. Any approval should contain a condition prohibiting such off-site parking, unless through a shared parking agreement acceptable to the Planning Department. To ensure the handicap access sidewalk to/from McMullen-Booth Road is not compromised by vehicular maneuvering, the proposed vertical curb should be relocated to the south side of the sidewalk. The proposal includes a reduction to the front (west) setback from 25 feet to 16 feet (to pavement), reductions to the side (north) setback from 20 feet to 10.8 feet (to existing building), from 20 feet to 10 feet (to pavement) and from 20 feet to six feet (to sidewalk) and reductions to the side (south) setback from 20 feet to 7.1 feet (to existing building), from 20 feet to 9.7 feet (to pavement) and from 20 feet to 7.3 feet (to sidewalk), as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-1004.B, and reductions to the landscape buffer along the north property line from 12 feet to 10.7 feet (to existing building), from 12 feet to ten feet (to pavement) and from 12 feet to six feet (to sidewalk), reductions to the landscape buffer along the south property line from 12 feet to 7.1 feet (to existing building), from 12 feet to 9.7 feet (to pavement) and from 12 feet to 7.3 feet (to sidewalk) and a reduction to foundation landscaping from five feet to zero feet. McMullen-Booth Road is designated a scenic corridor. The reduction to the front setback still provides adequate landscape area for buffering and beautification to complement this roadway designation. Due to the building's location on the site and the proposed parking area, there is inadequate area to meet the required side setback and buffering provisions, as well as required foundation landscaping. The applicant has provided a larger landscape area along the south side adjacent to detached dwellings as possible, while providing a six-foot landscape area along the north property line adjacent to property also zoned Office District (increased along the north property line over that previously proposed). These proposed setbacks and buffers along the south and north sides of the property are now similar to those previously approved by the CDB under FLD2004-04028 in July 2004. Based on the inability to provide the required setback and landscape buffer areas and the submitted landscape plan, the amount of plant materials should be increased along the areas west of the building to offset the reductions requested and to provide a "tiered" landscape effect (over the minimum landscape requirement). Such "beefed up" landscaping would be consistent with the Comprehensive Landscape Program that requires the proposed landscaping to be demonstrably more attractive than the minimum standards. Given these circumstances, the requested flexibility in regard to lot width, required setbacks, buffer widths and foundation landscaping is justified only by the increased amount of buffering along the south and east by including the solid fence and by increasing the amount of plant material proposed to offset the deficiencies. While not the preferred situation, staff support is based on the increased buffering provided and suggested. The proposal includes the installation of a six-foot high solid vinyl fence along the south and east property lines adjacent to residential zoning and uses. The proposal includes installing landscaping to meet the minimum standards of the Code. However, the applicant proposes to upgrade the size of trees to be planted (shade trees to be 12-foot tall and 4-inch caliper rather than 10-foot tall and 2.5-inch caliper; accent trees to be 10-foot tall rather than eight-foot tall). The accent tree should be 2.5-inch caliper. The installation of the solid fence and larger trees is proposed as a means of mitigating any negative impacts and the loss of tree canopy. All but one tree is proposed to be Drake Elms. There should be greater diversity of tree species to avoid a monoculture. Trees removed from the rear portion of the property (with permits), based on the prior approved Flexible Development case where parking was being provided in the rear Community Development 2006-03-21 14 . . '. yard, produced a tree deficit. The current proposal with its increased tree size and number of trees has corrected this tree deficit. The applicant proposes to remodel the building upgrading the appearance of the building. The interior is proposed with two exam rooms (labeled as offices), a conference room, a receptionist/waiting room area, a break room and a lab. To ensure the conference room does not become a third exam room, the plumbing should be removed from this room. The applicant plans to re-roof the building and paint the exterior with two shades of brown/sand (antique velvet and Newport tint). The applicant has not indicated any freestanding signage for this site. Any freestanding sign would be located within the stormwater pond area of the site on the south side or on the north side of the handicap access sidewalk. Any freestanding sign should be monument-style at a maximum height of six feet. The site is proposed to utilize a black barrel for trash, with such being stored in the rear of the building. All applicable Code requirements and criteria including, but not limited to, General Applicability criteria (Section 3-913) and Comprehensive Infill Redevelopment Project criteria (Section 2-704.C) have been met. There are no outstanding enforcement issues associated with this site. Findinas of Fact: 1) The subject 0.264 acre is located on the east side of McMullen- Booth Road, approximately 100 feet south of Bay lane; 2) The site is currently developed with a detached dwelling; 3) The land use category for this parcel is Residential/Office Limited (RlOl) and is zoned Office District; 4) On July 20,2004, the COB approved a Flexible Development case for this property to permit a doctor's office (FlD2004-04028) in only a 962.75 square-foot portion of the existing building (the balance was to be removed). Parking of three spaces was to be provided to the rear of the building, via a 20-foot drive on the north side of the building. The approval of this case has expired; 5) The proposal includes a reduction to the minimum lot width of 100 feet to 64.08 feet; 6) The proposal is to convert the existing 1,666 square-foot detached dwelling into a doctor's office of 1,393 square feet with four parking spaces, meeting the minimum number of parking spaces required by the Code; 7) The lot width and the physical location of the building on the property presents design constraints to its conversion to a doctor's office; 8) Setbacks and buffer areas are similar to the prior case approved by the COB in 2004; 9) The proposal includes the elimination of the required five-foot wide foundation landscaping; 10) Additional landscape materials is necessary to offset the reduced areas for buffering and the elimination of the foundation landscaping; 11) The requested flexibility in regard to lot width, required setbacks, buffer widths and foundation landscaping is only justified by the provision of the solid fence along the south and east sides of the property and by increasing the amount of landscape material to offset such deficiencies so as to provide an upgraded site appearance to the surrounding area and for the enhancement of the community character of the immediate vicinity; 12) Approval of this case is based on the inability to have a joint access drive aisle with the property to the north providing access to parking areas on both sides; and 13) There are no active code enforcement cases for the parcel. Conclusions of law: 1) Staff concludes that the proposal complies with the Flexible Development criteria as a Comprehensive Infill Redevelopment Project per Section 2-704.C; 2) Staff further concludes that the proposal is in compliance with the General Applicability criteria Community Development 2006-03-21 15 . . . per Section 3-913 and the other standards of the Code; and 3) Based on the above findings and proposed conditions, staff recommends approval of this application. The DRC reviewed the application and supporting materials on September 1, 2005. The Planning Department recommends approval for the Flexible Development approval, as revised for the March 21,2006, CDB meeting, to permit a doctor's office in the Office (0) District with a reduction to the minimum lot width of 100 feet to 64.08 feet, a reduction to the front (west) setback from 25 feet to 16 feet (to pavement), reductions to the side (north) setback from 20 feet to 10.8 feet (to existing building), from 20 feet to 10 feet (to pavement) and from 20 feet to six feet (to sidewalk) and reductions to the side (south) setback from 20 feet to 7.1 feet (to existing building), from 20 feet to 9.7 feet (to pavement) and from 20 feet to 7.3 feet (to sidewalk), as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2- 1004.B, and reductions to the landscape buffer along the north property line from 12 feet to 10.7 feet (to existing building), from 12 feet to ten feet (to pavement) and from 12 feet to six feet (to sidewalk), reductions to the landscape buffer along the south property line from 12 feet to 7.1 feet (to existing building), from 12 feet to 9.7 feet (to pavement) and from 12 feet to 7.3 feet (to sidewalk) and a reduction to foundation landscaping from five feet to zero feet, as a Comprehensive Landscape Program, under the provisions of Section 3-1202.G, for the site at 107 McMullen-Booth Road 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 development is compatible with the surrounding area. AND Conditions of Approval: 1) That the final design and color of the building be consistent with the conceptual elevations submitted to, or as modified by, the CDB; 2) That there be no plumbing in the conference room; 3) That there be no off-site parking within rights-of-way or on other private property, unless through a shared parking agreement acceptable to the Planning Department and recorded in the public records; 4) That, prior to the issuance of any permits, the landscape plan be revised acceptable to the Planning Department: a) increasing the amount of plant materials along the areas west of the building to provide "tiered" landscape effects (over the minimum landscape requirements); b) providing at least one additional tree specie; and c) providing the crape myrtle tree at least 2.5 inch caliper; 5) That the increased tree sizes (height and caliper) indicated on the landscape plan be installed; 6) That, prior to the issuance of any permits, the site plan be revised acceptable to Staff: a) providing wheel stops for the parking spaces and b) relocating the proposed curb along the north side of the handicap access sidewalk to/from McMullen-Booth Road to the south side of the sidewalk; 7) That the six-foot high solid vinyl fence along the south and east property lines indicated on the site plan be installed, with the height of the fence within the front setback reduced to a maximum of three feet; 8) That future signage meet the requirements of the Code and any future freestanding sign be a monument-style sign a maximum six feet in height, designed to match the exterior materials and color of the building; and 9) That, prior to issuance of any permits, provide a copy of the approved right-of-way permit from Pinellas County for the driveway expansion and a copy of the approved SWFWMD (Southwest Florida Water Management District) permit. Member Johnson moved to approve Item F1, Case: FLD2005-07077 for 107 McMullen- Booth Road based on Findings of Fact and Conclusions of Law as listed, the Staff report, and including Bases for Approval and Conditions of Approval as listed. The motion was duly seconded and carried unanimously. Community Development 2006-03-21 16 . . . G. LEVEL TWO APPLICATION: (Item 1) 1. Case: FLD2005-09093 - 279 Windward Passage Level Two Application Owners/Applicants: Harbour Estates, LLC. Representative: Bill WoodslTerri Skapik, Woods Consulting, Inc. (322 Ridge Road, Palm Harbor, FL 34683: phone: 727-786-5747; fax: 727-786-7479; e-mail: billwoods@woodsconsultinQ.orQ). Location: 1.45 acres located on the south side of Windward Passage, approximately 300 feet west of Island Way. Atlas Page: 267B. Zoning District: Commercial (C) District. Req uest: Flexible Development approval to permit a 1,818 square foot multi-use dock for eight boat slips in the Commercial District with a reduction to the side (east) setback from 22.4 feet to 1.5 feet, under the provisions of Section 3-601. Proposed Use: Multi-use dock for eight boat slips. Neighborhood Associations: Island Estates Civic Association (Frank Dame, 140 Island Way #239, Clearwater, FL 33767; phone: 727-442-2237); Islander Condo Inc. (Rex Clark, President, 113 Island Way, Apt. 245, Clearwater, FL33767); Clearwater Neighborhoods Coalition (Sondra Kerr, President, P.O. Box 8204, Clearwater, FL 33758). Presenter: Wayne M. Wells, AICP, Planner III. Mr. Wells reported that the applicant had requested a continuance. Member Milam moved to continue Item G1, Case FLD2005-09093 for 279 Windward Passage to April 18, 2006. The motion was duly seconded and carried unanimously. H. ADJOURNMENT The meeting adjourned at 1 :41 p.m. ent Board w~ mtk Board Reporter 2::7 Community Development 2006-03-21 17 COMMUNITY DEVELOPMENT BOARD Meeting Date: March 21,2006 I have conducted a personal investigation on the personal site visit to the following properties. Continued Items: Case: I9A>2005-09094 -1091 Eldorado Avenue V Yes no Level Two Application Case: FLD2005-07077 -107 McMullen Booth Road L~Yes no Level Two Application Case: FLD2005-08085 - 400 Jones Street Continue to date uncertain Level Two Application Level Two Applications Cases: Fj..D2005-09093 -279 Windward Passage ~Yes no Case: FLD2005-02018 -121-123 Kenwood Avenue ~s no Level Three Applications Case: ANX2005-12039 - 3076 Cherry Lane ~es no no Date: .~ Iz%(:;; ent\C D B\CDB, property investigation c~c COMMUNITY DEVELOPMENT BOARD Meeting Date: March 21,2006 I have conducted a personal investigation on the personal site visit to the following properties. Continued Items: Cas~D2005-09094 -1091 Eldorado Avenue Yes no Level Two Application Case: FJA}2005-07077 -107 McMullen Booth Road ~Yes no Level Two Application Case: FLD2005-08085 - 400 Jones Street Continue to date uncertain Level Two Application Level Two Applications Cases:~LD2005-09093 -279 Windward Passage / Yes no Case: FLD2005-02018 ~ 121-123 Kenwood Avenue /' no Yes Level Three Applications Case: ANX2005-12039 - 3076 Cherry Lane Yes / no no I ''') I 0 "0'/ Date: :::. 6 / ( (f DB, property investigation check1list. oc COMMUNITY DEVELOPMENT BOARD Meeting Date: March 21, 2006 I have conducted a personal investigation on the personal site visit to the following properties. Continued Items: ~. i~C-A,C__.u~ Case: FLD2005-09094") 1091 Eldorado Avenue Yes V no Level Two Application cas; FLD2005-07077 -107 McMullen Booth Road l Yes no Level Two Application Case: FLD2005-08085 - 400 Jones Street Continue to date uncertain Level Two Application Level Two Applications Cases: FLD2005-09093 -279 Windward Passage / Yes no Case: FLD2005-02018 -121-123 Kenwood Avenue , , L/' c..:~~' t_r<- l/ Yes no Level Three Applications Case: ANX2005-12039 - 3076 Cherry Lane Yes / no Case: ANX2005-12040-1737 Lucas Drive Yes ;/ Date: 3' - 'k>-o" perty investigation check list.doc Signature: S:\Planning De COMMUNITY DEVELOPMENT BOARD Meeting Date: March 21, 2006 I have conducted a personal investigation on the personal site visit to the following properties. Continued Items: Case: FLD2005-09094 -1091 Eldorado Avenue Yes no Level Two Application Case:;FLD2005-07077 -107 McMullen Booth Road V Yes no Level Two Application Case: FLD2005-08085 - 400 Jones Street Continue to date uncertain Level Two Application Level Two Aoolications Cases: FLD2005-09093 -279 Windward Passage Yes no Case: FLD2005-02018 -121-123 Kenwood Avenue Yes no Level Three Aoolications Case: ANX2005-12039 - 3076 Cherry Lane ~Yes no Case: ANX2005-12040- 1737 Lucas Drive Yes no Date: J-/r~~ nt\C D B\CDB, property investigation check list.doc COMMUNITY DEVELOPMENT BOARD Meeting Date: March 21,2006 I have conducted a personal investigation on the personal site visit to the following properties. Continued Items: CasJ FLD2005-09094 - 1091 Eldorado Avenue .J" Yes no Level Two Aoolication caseJFLD2005-07077 -107 McMullen Booth Road 'J Yes no Level Two Application Case: FLD2005-08085 - 400 Jones Street Continue to date uncertain Level Two Aoplication Level Two Applications CaseJ. FLD2005-09093 -279 Windward Passage J Yes no castD200:HJ2018 - 121-123 Kenwood Avenue Yes no Level Three Applications Case: ANX2005-1203~l3076 Cherry Lane Yes no Case: ANX2005-1204~-A737 Lucas Drive ",,- ~J no '~ " Signature: ~ "~- _ Date: :?JJ'L\UI.D S:\Planning Department\C D B\CDB, property investigation check list.doc