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05/15/2007 COMMUNITY DEVELOPMENT BOARD MEETING MINUTES CITY OF CLEARWATER May 15, 2007 Present: Nicholas C. Fritsch Kathy Milam Thomas Coates Dana K. Tallman Frank L. Dame Doreen DiPolito Daniel Dennehy Chair Vice-Chair Board Member Board Member Board Member Board Member Acting Board Member Absent: Jordan Behar Board Member Also Present: Gina Grimes Michael Delk Leslie Dougall-Sides Neil Thompson Brenda Moses Attorney for the Board Planning Director Assistant City Attorney Development Review Manager Board Reporter The Chair called the meeting to order at 1 :00 p.m. at City Hall, followed by the 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: April 17, 2007 Member Coates requested the minutes of April 17, 2007, reflect Neil Thompson's title as Development Review Manager. Member Coates moved to approve the minutes of the regular meeting of April 17, 2007, as amended. The motion was duly seconded and carried unanimously. D. 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 - 2): 1. Case: FLD2005-07071 - 678 South Gulfview Boulevard Owner/Applicant: SKTEL, Inc. Representative: Doreen Williams, Northside Engineering Services, Inc. (601 Cleveland Street, Suite 930, Clearwater, FL 33755; phone: 727-443-2869; fax: 727-446-8036; e- mail: reneee@northsideenQineerinQ.com). Location: 1.0839 acres located between South Gulfview Boulevard and Bayway Boulevard on the west side of Parkway Drive. Atlas Page: 285B. Zoning District: Tourist (T) District. Request: Extend the time frame of the Development Order. Proposed Use: Mixed-use (3,650 square-feet of office floor area, 27 attached dwellings and four overnight accommodation rooms/units). Presenter: Wayne M. Wells, AICP, Planner III. Community Development 2007-05-15 1 The request by Doreen Williams of Northside Engineering Services, Inc., on behalf of SKTEL, Inc., is for an extension of time relative to the above referenced project located at 678 South Gulfview Boulevard. A one-year extension is being requested which would expire on August 21, 2008. Pursuant to Section 4-407 of the Community Development Code, extensions of time "shall be for good cause shown and documented in writing." The Code further delineates that good cause "may include but are not limited to an unexpected national crisis (acts of war, significant downturn in the national economy, etc.), excessive weather-related delays, and the like." In this particular case, the applicant has indicated that the project is being delayed for economic reasons as it relates to deteriorating market conditions and for architectural changes in the plans. It should be noted that, pursuant to Section 4-407, the Planning Director has previously granted a six-month extension. The Code further directs that the CDB (Community Development Board) may consider whether significant progress on the project is being made and whether or not there are pending or approved code amendments, which would significantly affect the project. It should be noted by the Board that in the intervening period subsequent to the original approval, the Code has been amended in the following that affect this project: The requirement for parapet height for buildings with flat roofs has been amended to a maximum of 42 inches. This project was approved with a parapet height of 5.67 feet (from roof deck). Member Coates moved to approve Case FLD2005-07071 on today's Consent Agenda, to extend the time frame of the Development Order for a one-year extension, which would expire on August 21,2008, based on evidence in the record, including the application and the Staff Report and hereby adopt the Findings of Fact and Conclusion of Law stated in the Staff Report. The motion was duly seconded and carried unanimously. 2. Pulled from Consent Agenda Case: FLD2007-03008 - 521 South Gulfview Boulevard Leve/ Two Application Owners: Decade Gulfcoast Hotel Partners LP and JK Gulfview LLC. Applicant: Decade Gulfcoast Hotel Partners LP. Representative: Keith E. Zayac, P.E., RLA (701 South Enterprise Road East, Suite 404, Safety Harbor, FL 34695; phone: 727-793-9888; fax: 727-793-9855; e-mail: keith@ keithzayac. com). Location: 4.87 acres located on the west side of South Gulfview Boulevard, between Hamden Drive and Bayway Boulevard. Atlas Page: 285A. Zoning District: Tourist (T) District. Request: Flexible Development approval to permit the addition of a 6,144 square-foot conference center as an accessory use to an existing hotel, part of a previously approved mixed use (189-room overnight accommodation use [hotel], accessory waverunner business, restaurant, office and 77 attached dwellings approved under FLD2004-04025/TDR2004-09011 on January 18, 2005), with a deviation to the required stacking spaces at the driveways, as a Comprehensive Infill Redevelopment Project under the provisions of Section 2-803.C. Proposed Use: Addition of a conference center as an accessory use to an existing hotel. 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 (Joe Evich, President, P.O. Box 8204, Clearwater, FL 33758). Presenter: Wayne M. Wells, AICP, Planner III. Community Development 2007-05-15 2 It was remarked that project elevations were not included in CDB packets. It was suggested that the applicant perform due diligence regarding all necessary permitting due to the project's location near the seawall. 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 4.87 acres is located on the west side of South Gulfview Boulevard, between Hamden Drive and Bayway Boulevard. The site has approximately 467 linear feet of frontage on South Gulfview Boulevard and 600 linear feet on the water (along the seawall). This parcel is zoned T (3.916 acres) and OS/R (0.954 acres) and currently is developed with a hotel (currently being remodeled from a 289 rooms to 189 rooms), restaurant, office and an accessory jet ski operation. On January 18, 2005, the CDB approved, with 14 conditions, a Flexible Development application for this property for the Termination of Status of a Nonconformity for density (existing 289-rooms/units overnight accommodation use - to be converted to 241-rooms/units overnight accommodation use and 36 dwelling units), to permit a mixed-use (241-room/unit overnight accommodation use [including accessory restaurant, retail sales and wave runner business], 38 attached dwellings, a restaurant and an office use) and for the Transfer of Development Rights for two dwelling units from 850 Bayway Boulevard (FLD2004-04025/TDR2004-09011). This application contained various setback reductions and a proposed new building height of 128 feet (to highest roof deck). A Minor Revision was approved December 28, 2005, for architectural modifications to the hotel building only and to remove a second level covered walkway connecting the new and existing buildings. A Minor Revision was approved April 5, 2006, revising the unit counts providing for a change in use from overnight accommodations (52 rooms) to residential condominium (39 dwellings) that did not result in an increase in the minimum number of parking spaces required. Therefore, the new building on the west side of the property will solely contain 77 attached dwellings. The proposed addition of a conference center building was deemed to be a Major Revision, requiring CDB approval. An attached dwelling complex of two residential buildings, each approximately 157 feet in height, abuts the subject property to the west/northwest. A motel is north across South Gulfview Boulevard at 445 Hamden Drive/504 S. Gulfview Boulevard. An attached dwelling building of 55 units exists to the north at 530 South Gulfview Boulevard. "Shephard's" (overnight accommodation use and entertainment complex) abuts to the east. With the existing hotel currently being remodeled and the new 77 -unit, attached dwelling building on the west side to be constructed in the future, this proposal is to add a 6,144 square- foot conference center as an accessory use to the existing hotel in the southeast corner of the property as a freestanding building. The only area of change for this proposal from that previously approved on January 18, 2005, under FLD2004-04025/TDR2004-09011 is the addition of the conference center and modification of the eastern parking area. Most larger hotels have accessory conference/meeting space within or attached to the hotel available as an amenity to the guests and as a marketing tool for the hotel. This conference center is proposed as a freestanding structure due to FEMA (Federal Emergency Management Association) requirements related to the existing hotel use, as there is existing habitable space below Base Floor Elevation Community Development 2007-05-15 3 (BFE). The one-story conference center over ground-level parking is proposed at a setback of 13.6 feet from the east property line (minimum of 10 feet required) and at a height of 15.42 feet (to flat roof deck). There will be parapets and roof-type structures around the top of the building, as tall as 11.42 feet, providing building architectural detailing and to shield rooftop air conditioning equipment, but is still less than 35-foot height that the Tourist District provides. The structure has been designed to be consistent in character with the architectural style and exterior color of the hotel currently being remodeled. The exterior of the building will be ivory in color, accented by white trim and banding, with the terrace railings and clay tile roofing similar to the hotel. The conference center building is proposed approximately four feet from the seawall, which does not present any zoning setback issues (as the property line is water ward of the seawall) but does not meet an 18-foot setback from the seawall as a Building Code requirement. Any approval of this application will be conditioned on a variance being approved by the City's Building/Flood Board of Adjustment & Appeals. No additional parking is required for this accessory conference center, where overall 362 parking spaces are required and 381 spaces are being provided. There are no changes to the driveway locations on South Gulfview Boulevard, as they are the same as approved under FLD2004-04025/TDR2004-09011. Setbacks to pavement along the north, east and south are the same as or greater than that approved under FLD2004-04025/TDR2004-09011. There are parking lot modifications to the east side of the property included in this proposal. The proposal includes a deviation to the required stacking spaces at the driveways. This is a new Code requirement since the original approval, where a 40-foot distance is required from the front property line to the first parking space or first drive aisle. The parking areas and driveways were approved under FLD2004-04025/TDR2004-09011 and compliance with this requirement is not possible and would create vehicular circulation problems. A deviation is supported by the Traffic Engineering Department. Landscaping of the eastern portion of the property is similar to that previously approved under FLD2004-04025/TDR2004-09011. The accessory jet ski business will remain in the southeast corner of the property. The compactor dumpster enclosure is proposed to be relocated northward to be adjacent to Shephard's parking garage, reducing or eliminating negative views and odor to the adjacent Shephard's hotel building. This new compactor dumpster enclosure will need to meet the design standards of the Solid Waste Department, including the inside width of the dumpster and the length of the concrete apron outside the enclosure. Since the improvement of this property is being done in phases, with the remodeling of the hotel presently being accomplished and assuming the construction of the conference center will be the next phase, there needs to be some phased improvement to the associated parking lot, which should be included as a condition of approval. In concert with building permits already issued for the remodeling of the existing hotel building, the building permit to remodel the lower area of the southern portion of the hotel (BCP2006-12289B) and the permit for this conference center, the Public Art and Design Ordinance and Impact Fee are applicable to this property. Pursuant to Section 2-801.1 of the Community Development Code, the maximum allowable ISR (Impervious Surface Ratio) is 0.95. The I.S.R. for the plan under the approved under FLD2004-04025/TDR2004-09011 was 0.89, where the I.S.R. for this proposal increases it to 0.92, which is consistent with the Code provisions. Signage for this property is nonconforming to current Code requirements. Section 6- 104.A requires nonconforming signage be brought into conformance with Code requirements if building permits are required for the redevelopment of the principal structure. A condition of Community Development 2007-05-15 4 approval on FLD2004-04025/TDR2004-09011 requires existing signage to be brought into conformance with current Code requirements. Since there have been building permits issued for the improvement of the existing hotel, a condition on BCP2006-12289 for the issuance of the Certificate of Occupancy or Completion for the eastern hotel tower (Tower One) requires the existing signage be brought into conformance with Code requirements. Use of the Comprehensive Sign Program may be used for the purpose of signage improvements to the property. There is an active Code Enforcement case for this property dealing with improper signage for a banner-type sign on top floor and a portable "sleeve" sign for parking sales (BIZ2007-00642). Such issues should have little bearing on the outcome of this application and is something the property owner should be more immediately addressing. The Development Review Committee (DRC) reviewed the application and supporting materials at its meeting of April 5, 2007, and deemed the development proposal to be sufficient to move forward to the CDB, based upon the following findings of fact and conclusions of law: FindinQs of Fact: 1) The subject 4.87 acres is located on the west side of South Gulfview Boulevard, between Hamden Drive and Bayway Boulevard; 2) The current use of the site is a hotel; 3) On January 18, 2005, the CDB approved with 14 conditions a Flexible Development application for this property for the Termination of Status of a Nonconformity for density (existing 289-rooms/units overnight accommodation use - to be converted to 241-rooms/units overnight accommodation use and 36 dwelling units), to permit a mixed use (241-room/unit overnight accommodation use [including accessory restaurant, retail sales and wave runner business], 38 attached dwellings, a restaurant and an office use) and for the Transfer of Development Rights for two dwelling units from 850 Bayway Boulevard (FLD2004-04025/TDR2004-09011); 4) A Minor Revision was approved December 28, 2005, for architectural modifications to the hotel building only and to remove a second level covered walkway connecting the new and existing buildings; 5) A Minor Revision was approved April 5, 2006, revising the unit counts providing for a change in use from overnight accommodations (52 rooms) to residential condominium (39 dwellings) that did not result in an increase in the minimum number of parking spaces required. Therefore, the new building on the west side of the property will solely contain 77 attached dwellings; 6) Building permits have been issued to remodel the existing hotel, reducing the number of rooms from 289 to 189 rooms in accordance with the approval under FLD2004- 04025/TDR2004-09011; 7) The proposal is to construct a 6,144 square-foot conference center as an accessory use to the existing hotel in the southeast corner of the property as a freestanding building; 8) The one-story conference center over ground-level parking is proposed at a setback of 13.6 feet from the east property line (minimum of 10 feet required) and at a height of 15.42 feet (to flat roof deck); 9) The structure has been designed to be consistent in character with the architectural style and exterior color of the hotel currently being remodeled; 10) Any approval of this application will require a variance to be approved by the City's Building/Flood Board of Adjustment & Appeals, as the proposed conference center does not meet an 18-foot setback from the seawall as a Building Code requirement; 11) No additional parking is required for this accessory conference center, where overall 362 parking spaces are required and 381 spaces are being provided; 12) There are no changes to the driveway locations on South Gulfview Boulevard, as they are the same as previously approved and setbacks to pavement along the north, east and south are the same as or greater than that previously approved; 13) The proposal includes a deviation to the required stacking spaces at the driveways; 14) While there are parking lot modifications to the east side of the property included in this proposal, landscaping of the eastern portion of the property is similar to that Community Development 2007-05-15 5 previously approved; and 15) That there is an active Code Enforcement case for this property regarding signage issues, which has little bearing on the decision of this application. Conclusions of Law: 1) That the development proposal is consistent with the Standards as per Tables 2-801.1 and 2-803 of the Community Development Code; 2) That the development proposal is consistent with the Flexibility criteria as per Section 2-803.C of the Community Development Code; and 3) That the development proposal is consistent with the General Standards for Level Two Approvals as per Section 3-913 of the Community Development Code. Based upon the above, the Planning Department recommends approval of the Flexible Development approval to permit the addition of a 6,144 square-foot conference center as an accessory use to an existing hotel, part of a previously approved mixed use (189-room overnight accommodation use [hotel], accessory waverunner business, restaurant, office and 77 attached dwellings approved under FLD2004-04025/TDR2004-09011 on January 18, 2005), with a deviation to the required stacking spaces at the driveways, as a Comprehensive Infill Redevelopment Project under the provisions of Section 2-803.C, with the following Conditions of Approval: 1) That all conditions of approval adopted by the CDB for Case FLD2004- 04025/TDR2004-09011 are still in effect; 2) That approval of the conference center be subject to the approval of a variance to the seawall setbacks by the Building/Flood Board of Adjustment & Appeals, with such approval granted prior to the issuance of any permits for the conference center; 3) That the new compactor dumpster enclosure east of the building meet the design standards of the Solid Waste Department, including the inside width of the enclosure and the length of the concrete apron outside the enclosure; and 4) That this property be subject to the Public Art and Design Ordinance and Impact Fee. Keith Zayac, representative, requested a recess to speak to an adjacent property owner regarding concerns. The CDB recessed from 1:16 t01:18 p.m. Mr. Zayac presented the project's elevation. He said the tile roof element in the original application extended above the parapets. He said to address adjacent property owner concerns regarding his sight line, the applicant proposes to maintain the tile roof elements but reduce the density of the two tile sections of roof above the center tower. He said the applicant is aware of permitting requirements. Planning Director Michael Delk said yesterday staff became aware of a potential amendment regarding the density of roof tiles above the center tower. The Code allows staff approval of minor revisions if building height is not increased. If the CDB approves this application, staff could approve a minor change to lower the building's height or the CDB could add this amendment as a condition. One person spoke in support of the application. Member Dennehy moved to approve Case FLD2007 -03008, based on the evidence and testimony presented in the application, the Staff Report, and at today's hearing, and hereby adopt the Findings of Fact and Conclusions of Law stated in the Staff Report with conditions of approval as listed plus a revision: modify roof elevation as presented by applicant at today's hearing to reduce the density of the two tile sections of roof above the center tower. The motion was duly seconded and carried unanimously. Community Development 2007-05-15 6 Other Business Discussion ensued regarding a recommendation to hear items pulled from the Consent Agenda before items listed later in the agenda. Member Dame moved to modify CDB Rules of Procedure so that the CDB considers items pulled from the Consent Agenda as the next items after Consent Agenda approval. The motion was duly seconded and carried unanimously. Mr. Delk said staff will apprise the CDB regarding planning training classes once schedules are available. Member Milam reported she would be absent in July. E. ADJOURNMENT The meeting adjourned at 1 :32 p.m. ~~ ~ B (j Reporter Community Development 2007-05-15 7 COMMUNITY DEVELOPMENT BOARD Meeting Date: May 15, 2007 I have conducted a personal investigation on the personal site visit to the following properties. Level Two Applications (Item - 1) 1. Case: FLD2007-03008 - 521 South Gulfview Boulevard -t-y~ no DIRECTOR'S ITEM (Item 1 ): 1. Time Extension - FLD2005-07071 - 678 South Gulfview Boulevard ---X--- Yes no Sign~ ~ Date: E. \5 -01 S:\Planning Department\C D B\CDB, property investigation check list.doc COMMUNITY DEVELOPMENT BOARD Meeting Date: May 15,2007 I have conducted a personal investigation on the personal site visit to the following properties. 1. Level Two Applications (Item - 1) Case: F~07-03008 - 521 South Gulfview Boulevard VYes no DIRECTOR'S ITEM (Item 1 ): 1. D2005-07071 - 678 South Gulfview Boulevard Yes no Signature: 1- S:\Planning 0 COMMUNITY DEVELOPMENT BOARD Meeting Date: May 15, 2007 I have conducted a personal investigation on the personal site visit to the following properties. Level Two Applications (Item - 1) 1. ca72007-03008 - 521 South Gulfview Boulevard Yes no DIRECTOR'S ITEM (Item 1 ): 1. Time Extension - FLD2005-07071 - 678 South Gulfview Boulevard ~Yes no Signatnr., -6iiJ-~ J;" /~7 S:\Planning Department\C D B\CDB, property investigation check list.doc ' v COMMUNITY DEVELOPMENT BOARD Meeting Date: May 15, 2007 I have conducted a personal investigation on the personal site visit to the following properties. Level Two Applications (Item - 1) 1. Case: FLD2007-03008 - 521 South Gu1fview Boulevard VYes no DIRECTOR'S ITEM (Item 1 ): 1. Time Extension - FLD2005-07071 - 678 South Gulfview Boulevard LYes no f:-(:l-O? Signature: S:\Planning De