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08/21/2007 COMMUNITY DEVELOPMENT BOARD MEETING MINUTES CITY OF CLEARWATER August 21, 2007 Present: Nicholas C. Fritsch Chair Kathy Milam Vice-Chair Thomas Coates Board Member Dana K. Tallman Board Member Jordan Behar Board Member Frank L. Dame Board Member Doreen DiPolito Board Member Absent: Daniel Dennehy Alternate Board Member Also Present: Gina Grimes Attorney for the Board Leslie Dougall-Sides Assistant City Attorney Michael L. Delk Planning Director Neil Thompson Planning Manager Patricia O. Sullivan 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: July 17, 2007 Member Coates moved to approve the minutes of the regular Community Development Board meeting of July 17, 2007, as recorded and submitted in written summation to each board member. The motion was duly seconded and carried unanimously. Alternate Board Member Daniel Dennehy did not vote. Community Development 2007-08-21 1 D. REQUEST FOR CONTINUANCE: (Item 1) 1. Case: FLD2007-03007 – 685, 689, 693 and 699 Bay Esplanade Level Two Application (Request for Continuance to September 18, 2007) Owner/Applicant: Peter Pan Developments, LLC, Petrit Meroli, Panayiotis Vasiloudes, Epic Holdings South, LLC, and Somerset Place, Inc. Representative: Sherry Bagley and/or Bill Woods, Woods Consulting (1714 County Road 1, Suite 22, Dunedin, FL 34698; phone: 727-786-5747; fax 727-786-7479; e-mail: sbagley@woodsconsulting.org). Location: 0.618 acres located at the northeast and southeast corner of the intersection of Bay Esplanade and Somerset Street. Atlas Page: 258A. Zoning District: Tourist (T) District – Old Florida. Request: Flexible Development approval to construct a 4,062 square-foot multi-use dock facility to provide 16 slips as an amenity to a proposed 16 unit attached dwelling (two buildings with eight dwelling units in each) in the Tourist (T) District with an increase to the length of the southern dock from 75% of the lot width (93.75 feet) to 111% of the lot width (139 feet) under the provisions of Section 3-601.C.3. Proposed Use: Multi-use dock of 4,062 square-feet for 16 slips, in conjunction with a 16-unit attached dwelling (condominium). Neighborhood Associations: Clearwater Beach Association (Jay Keyes, 100 Devon Drive, Clearwater, FL 33767; phone: 727-443-2168; email: papamurphy@aol.com); Clearwater Neighborhoods Coalition (Joe Evich, President, P.O. Box 8204, Clearwater, FL 33758). Presenter: A. Scott Kurleman, Planner II. The applicant requested that the development proposal be continued from the August 21, 2007, CDB (Community Development Board) meeting to September 18, 2007. Staff has no objection to this requested continuance as it will enable further discussion between the applicant and the Planning Department. Member Coates moved to continue Case: FLD2007-03007 to September 18, 2007. The motion was duly seconded and carried unanimously. Community Development 2007-08-21 2 E. REQUEST FOR WITHDRAWAL: (Item 1) 1. Case: FLD2007-06019 – 708 N. Missouri Avenue Level Two Application Owner: FL. INT. IMP. Fund TRE. c/o Department of Natural Resources, Bureau of Public Land Administration. Applicant: City of Clearwater, Parks and Recreation Department Representative: Leroy Chin, City of Clearwater (P.O. Box 4748, Clearwater, FL 33758; phone: 727-562-4856; fax: 727-562-4825; email: leroy.chin@myclearwater.com). Location: 3.12-acres on the west side of Missouri Avenue between Eldridge and Seminole Streets. Atlas Page: 278A. Zoning District: Institutional (I) District. Request: Flexible Development approval in the Institutional District for 4,800 square-feet of office and 14,054 square-feet of warehouse within two existing buildings and associated outside vehicle storage as a Comprehensive Infill Redevelopment Project pursuant to Section 2-1204.A of the Community Development Code. Proposed Use: Office/Warehouse. Neighborhood Association: Clearwater Neighborhoods Coalition (Joe Evich, President, P.O. Box 8204, Clearwater, FL 33758). Presenter: Robert G. Tefft, Planner III. Staff requested that this item be withdrawn. Member Dame moved to withdraw Case: FLD2007-06019 from CDB consideration. The motion was duly seconded and carried unanimously. F. CONSENT AGENDA: The following cases are not contested by the applicant, staff, neighboring property owners, etc. and will be approved by a single vote at the beginning of the meeting: (Items 1-4) 1. Case: FLD2005-11109 – 150, 158, 162 and 166 Brightwater Drive Level Two Application Owner/Applicant: Cinnamon Bay of Clearwater LLC. Representative: Renee Ruggiero, Northside Engineering Services, Inc. (601 Cleveland Street, Suite 930, Clearwater, FL 33755; phone: 727-443-2869; fax: 727-446-8036; email: reneee@northsideengineering.com). Location: 0.985 acre located on the north side of Brightwater Drive, approximately 900 feet east of Hamden Drive. Atlas Page: 276A. Zoning District: Tourist (T) District. Request: Extend the time frame of the Development Order. Proposed Use: Attached dwellings (32 condominiums). Presenter: Wayne M. Wells, AICP, Planner III. Renee Ruggiero of Northside Engineering Services, Inc., on behalf of Cinnamon Bay of Clearwater LLC, requested a time extension for the project located at 150, 158, 162 and 166 Brightwater Drive. The one-year extension being requested 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 Community Development 2007-08-21 3 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 previously granted a six-month extension. The Code further directs that the CDB 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: 1) The requirement for parking has been amended to two parking spaces per unit. This project was approved with 63 parking spaces for 32 attached dwelling units, at a parking ratio of 1.97 parking spaces per dwelling unit; 2) The requirement for parapet height for buildings with flat roofs has been amended to a maximum of 42-inches. While a majority of the parapets/railings for this project has been designed at a height of four feet (from roof deck), there are some “parapet” roof projections at a height of 10.67 feet (from roof deck); and 3) The definition of “height, building or structure” has been amended to permit structures permanently affixed to the roof that accommodate rooftop occupancy only when the structure complies with the maximum allowable height. In the Small Motel District of Beach by Design, the maximum height is four stories over ground level parking. The project as approved by the CDB included an increase to building height of an additional 16 feet for an open rooftop pavilion (from roof deck). This open pavilion exceeds the maximum allowable height of four stories over ground level parking. See page 21 for motion of approval. Community Development 2007-08-21 4 2. Pulled from Consent Agenda Level Two Application Case: FLD2007-06020 – 325 South Gulfview Boulevard, 326, 345, 347 and 353 Coronado Drive and 350 Hamden Drive Owner/Applicant: Lucca Development LLC. Representative: Clint Cuffle, Water Resource Associates, Inc. (4260 West Linebaugh Avenue, Tampa, FL 33624; phone: 813-265-3130; fax: 813-265-6610; email: ccuffle@wraconsultants.com). Location: 2.37 total acres generally located between S. Gulfview Blvd. and Coronado Dr. west of Brightwater Blvd. (Parcel A), between Coronado Dr. & Hamden Dr. north of 5th St. (Parcel B) and east of Hamden Dr. north of 5th St. (Parcel C). Atlas Page: 276A. Zoning District: Tourist (T) District. Request: Flexible Development approval in the Tourist District to permit the addition of a Parking Garage and Lot of 377 spaces to Parcel "B" (located between Coronado Drive and Hamden Drive, north of 5th Street) to a previously approved project of 102 attached dwelling units (FLD2005-02021/TDR2005-03020 approved by the CDB on July 19, 2005), with reductions to the front (south along 5th Street) setback from 15 feet to 4.4 feet (to screen wall) and to 5.5 feet (to pavement), a reduction to the front (east along Hamden Drive) from 15 feet to 12.7 feet (to building) and an increase to building height from 35 feet to 51.35 feet (to top parking deck), as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-803.C, with a reduction to required interior landscaping from 10 to 3.7 percent and a reduction to required foundation landscaping on the south side of the parking garage from five to two feet, as a Comprehensive Landscape Program, under the provisions of Section 3- 1202.G. Proposed Use: Addition of a Parking Garage and Lot of 377 spaces to a previously approved attached dwelling project of 102 attached dwellings. Neighborhood Associations: Clearwater Beach Association (Jay Keyes, 100 Devon Drive, Clearwater, FL 33767; phone: 727-443-2168; email: papamurphy@aol.com); and Clearwater Neighborhoods Coalition (Joe Evich, President, P.O. Box 8204, Clearwater, FL 33758). Presenter: Wayne M. Wells, AICP, Planner III. Member Behar moved to accept Wayne Wells as an expert witness in the fields of motion zoning, site plan analysis, code administration, and planning in general. The was duly carried seconded and unanimously. Senior Planner Wayne Wells reviewed the request. The 2.37 total acres is generally located between S. Gulfview Boulevard and Coronado Drive west of Brightwater Blvd. (Parcel A), between Coronado & Hamden drives north of Fifth Street (Parcel B) and east of Hamden Dr. north of Fifth St. (Parcel C). On July 19, 2005, the CDB approved with 15 conditions Cases FLD2005-02021/TDR2005-03020 to permit a total of 102 attached dwellings, with 92 dwelling units in a 148-foot tall building on Parcel A and 10 dwelling units in a 64-foot tall building on Parcel B, which included the Termination of Status of Nonconformity (equivalent of 119 hotel units [116 hotel units and three dwelling units] where 93 hotel units are permitted), the conversion of these hotel units to residential units and the Transfer of Development Rights of 18 hotel units from 401 Coronado Drive and 406 Hamden Drive (donor sites). Parcel A is located between South Gulfview Boulevard and Coronado Drive, approximately 300 feet south of Third Street and 170 feet north of Fifth Street, and consists of Community Development 2007-08-21 5 two properties a total of 1.41 acres. Parcel A is developed with three buildings between one- and five-stories in height. There are a total of 69 existing overnight accommodation units on Parcel A. The approval of Cases FLD2005-02021/TDR2005-03020 included the demolition of all existing buildings and site improvements. Parcel B is 0.93 acre in size and consists of three properties, bounded by Coronado Drive on the west, Hamden Drive on the east, and Fifth Street to the south. Parcel B is developed with four, one-story and two, two-story buildings with a total of 46 overnight accommodation units and three dwelling units. The approval of Cases FLD2005- 02021/TDR2005-03020 included the demolition of all existing buildings and site improvements. Parcel C, associated and currently joined together with two properties included with Parcel B, is 0.03 acre and is developed with two docks (four slips). The two existing docks will remain and will serve as an accessory use for the attached dwellings. On August 13, 2007, the Planning Director approved, with 13 conditions, a Minor Revision, under the provisions of Section 4-406.A, relocating the 10 dwelling units approved on Parcel B to Parcel A, so that Parcel A will have all 102 dwelling units approved under the original application, and Parcel B will have only accessory parking located on it (the balance between the 187 parking spaces provided on Parcel A and that necessary to provide overall required parking for the 102 dwelling units at a rate of two parking spaces per unit [total of 204 spaces]). The Aqualea/Hyatt project has been approved (and is under construction) to the north of Parcel A for a 250-room hotel and 18 attached dwellings, which will include a parking garage of over 750 parking spaces, of which 400 spaces will be for the public. The property to the north of Parcel B at 342 Hamden Drive and 343 Coronado Drive was approved by the CDB on November 15, 2005, for 17 attached dwellings in a building 78 feet tall (Case FLD2005-07066) (time extension granted to May 15, 2008). The property between South Gulfview Boulevard and Coronado Drive on the south side of Fifth Street (401, 411 and 421 South Gulfview Boulevard) to the south and west of Parcel B was approved by the CDB to permit 100 attached dwelling units in a building 100 feet tall (FLD2005-07068) (time extension granted to March 20, 2008). The property located at the northeast corner of Hamden Drive and Bayside Drive (409 Hamden Drive; now 100 Bayside Drive) to the southeast of Parcel B was approved for and has been constructed with 10 attached dwelling units (FLD2004-01003). The surrounding area is a tourist area currently developed with retail sales and service uses, restaurants, and overnight accommodation uses. The proposal is to add the use of Parking Garage and Lot for 377 spaces to Parcel B (located between Coronado Drive and Hamden Drive, north of 5th Street) to a previously approved project of 102 attached dwelling units (FLD2005-02021/TDR2005-03020). While the proposed additional use of Parking Garage and Lot is listed only in the Tourist District as a Flexible Standard use, this request is being processed as a Comprehensive Infill Redevelopment Project because the minimum setbacks are not being met and the maximum allowable height is being exceeded. The approvals granted for the development of the 102 attached dwellings on Parcel A will not be affected. Parcel A will be developed with 102 attached dwelling units with 187 parking spaces. Since the 10 dwelling units originally approved on Parcel B have been relocated to Parcel A under the Minor Revision recently approved, Parcel B can only be used for parking and open space. Due to the Code requirement for two Community Development 2007-08-21 6 parking spaces per unit (204 total parking spaces required for the 102 dwelling units), Parcel B will provide 17 parking spaces for the attached dwellings on Parcel A. Of the 377 parking spaces being provided on Parcel B, 300 parking spaces are intended to be sold to the City for public parking. Of the remaining 77 parking spaces, 50 spaces will be at ground level and 27 spaces will be on the sixth floor, all for use by the developer/owner. Of the 50 ground level spaces, 17 spaces will be for the attached dwellings on Parcel A. Therefore, 60 spaces on Parcel B, whether on the ground level or the sixth level, will be available for the developer to use to provide parking for other projects or users. Since the majority of the parking in this garage will be public parking, a small office with a restroom has been provided for City personnel on the south side of the exit driveway to Hamden Drive. Since this Parcel B is within Flood Zone A, the Building Code will require this small office to be floodproofed. Since Parcel B is part of the original project used for density purposes (of Parcels A, B and C), a Unity of Title will be required to be recorded, tying Parcels A, B and C together as one lot for development purposes. A condominium style of ownership will be required for the City to buy parking spaces on Parcel B. Access to the ground level parking will be from Fifth Street, whereas parking for the garage will be from Hamden Drive. The garage is proposed at a height of 51.35 feet from BFE (Base Flood Elevation) to the highest floor level. The proposed building has been designed using a Mediterranean architectural theme. The parking garage will be primarily painted ivoire (a light beige color). The upper levels of the stair/elevator towers, as well as column/accents, will be painted Anjou pear (a darker beige color). Opening mullions and column accents will be painted flower pot (a rust color). The stair/elevator towers will have a hip roof finished with standing seam metal roof of a flower pot color. FAR (Floor Area Ratio) and Density: Pursuant to the Countywide Future Land Use Plan, the maximum density for properties with a designation of Resort Facilities High is 30 dwelling units per acre. As previously approved under FLD2005-02021/TDR2005-03020, the attached dwelling project utilized the Termination of Status of Nonconformity and density conversion provisions, as well as the Transfer of Development Rights, to produce 102 dwelling units. The addition of the Parking Garage and Lot use, which is not classified as Floor Area, will not change the prior approvals. The Minor Revision recently approved relocated 10 dwelling units from Parcel B to Parcel A. ISR (Impervious Surface Ratio): Pursuant to Section 2-801.1 of the Community Development Code, the maximum allowable IISR is 0.95. The overall proposed ISR for Parcels A and B is 0.86, which is consistent with the Code provisions. Minimum Lot Area and Width: Pursuant to Table 2-802 of the Community Development Code, the minimum lot area for the Parking Garage and Lot is 20,000 square-feet. The subject property is 40,546 square-feet in area. Pursuant to the same Table, the minimum lot width for the Parking Garage and Lot is 100 feet. The lot width of Parcel B along Coronado Drive is 183.86 feet, 184.74 feet along Hamden Drive and 220 feet along Fifth Street. The proposal is consistent with these Code provisions. Minimum Setbacks: Pursuant to Table 2-802 of the Community Development Code, the minimum front setback for the Parking Garage and Lot is 15 feet and the minimum side setback is 10 feet. The proposal includes reductions to the front (south along 5th Street) setback from Community Development 2007-08-21 7 15 feet to 4.4 feet (to screen wall) and to 5.5 feet (to pavement) and a reduction to the front (east along Hamden Drive) from 15 feet to 12.7 feet (to building). The proposed parking garage has been designed maintaining the minimum 15-foot front setback along Coronado Drive to the garage building. The west side of the garage facing Coronado Drive is at a height of 46.1 feet, which is lower than the east side of the garage facing Hamden Drive due to the garage ramping. There is a stormwater retention pond along the north property line, where the design of this pond provides sufficient area to meet Code requirements for water quality outside the garage in an open area (there is additional stormwater retention area under the parking garage ramp to provide for water attenuation). This design places the face of the garage building columns at a side setback from the north property line at 14.25 feet, exceeding Code requirements. To meet requirements for parking lot design, the proposal includes a front setback reduction along Hamden Drive from 15 feet to 12.7 feet to the building. The reduction to the front setback from Hamden Drive, even though there is an increase to building height to 51.35 feet, is mitigated due to Clearwater Harbor to the east across Hamden Drive and the ability to have similar sized buildings along Brightwater Drive to the northeast. It is noted that the residential building recently constructed at 409 Hamden Drive (now 100 Bayside Drive) to the southeast was approved at a front setback of 12.83 feet from Hamden Drive (building height of 48.83 feet). The front setback reductions of 4.4 feet (to screen wall) and to 5.5 feet (to pavement) to Fifth Street are to ground level surface parking, as the parking garage building is 33 feet from the Fifth Street property line. Proposed setbacks are consistent with existing setbacks for other projects in close proximity within this urban context. The Aqualea/Hyatt project at 301 S. Gulfview Boulevard to the north is approved to be constructed at a zero front setback to the building to S. Gulfview Boulevard and to Coronado Drive. Maximum Building Height: Pursuant to Table 2-802 of the Community Development Code, the maximum allowable height for the Parking Garage and Lot is 50 feet. The proposed parking garage building has been designed at a height of 51.35 feet to the highest garage floor from BFE. The west side of the garage facing Coronado Drive is at a height of 46.1 feet, which is lower than the east side of the garage facing Hamden Drive of 51.35 feet due to the garage ramping. It is noted that the accessory parking garage and attached dwellings originally approved on this Parcel B under FLD2005-02021/TDR2005-03020 was to be at a height of 64 feet. The residential building originally approved on Parcel A under FLD2005-02021/TDR2005- 03020 will be at a height of 148 feet. The proposed garage height is consistent with other projects within the surrounding area. The residential building adjacently to the north of Parcel B at 342 Hamden Drive was approved at a height of 71.64 feet (FLD2005-07066, approved November 15, 2005). Under the Small Motel District of Beach by Design, the maximum height of buildings on Brightwater Drive to the northeast can be four floors over ground level parking. Generally, based on approved and/or constructed condominium projects on Brightwater Drive, this will produce a maximum building height of approximately 45 feet. It was previously noted that the residential building to the southwest of Parcel B at 401, 411 and 421 South Gulfview Boulevard was approved is at a height of 100 feet (FLD2005-07068, approved September 20, 2005). The residential building recently constructed at 409 Hamden Drive (now 100 Bayside Drive) to the southeast of Parcel B was approved at a building height of 48.83 feet (FLD2004- 01003, approved May 18, 2004). The Aqualea/Hyatt project at 301 South Gulfview Boulevard to the north was approved at a building height of 150 feet. Based upon the above, the development proposal is consistent with the Code and with other projects approved (but yet to be constructed), under construction or already constructed within the surrounding area. Community Development 2007-08-21 8 An issue with the proposed parking garage is the height of the stair/elevator towers at the southwest and southeast corners of the parking garage building. Building elevations indicate the towers to be 20 feet in height from the top of the adjacent parking level. Under the definition of “Height, Building or Structure,” such towers are permitted to extend a maximum of 16 feet above the otherwise permitted height. Unless the architect can provide documentation at the building permit stage that the tower must exceed the maximum height of 16 feet to the 20 feet proposed, these two towers should be required to be reduced to the maximum height of 16 feet as a condition of approval. Minimum Off-Street Parking: The original project approved for this overall site (Parcels A, B and C) under FLD2005-02021/TDR2005-03020 provided a total of 239 parking spaces (137 parking spaces on Parcel A and 102 parking spaces on Parcel B, at a rate of 2.34 spaces per dwelling unit). While this exceeded the former minimum requirement of 1.5 spaces per dwelling unit, the approval recently granted under the Minor Revision provides 187 parking spaces on Parcel A and required a minimum of two parking spaces per dwelling unit to meet current Code requirements. Therefore, of the 77 spaces proposed on Parcel B above the 300 proposed public parking spaces in this Parking Garage and Lot, 17 of these spaces on the ground level are required for the dwelling units on Parcel A. Of these 77 parking spaces, 50 spaces will be at ground level and 27 spaces will be on the sixth floor, all for use by the developer/owner. With 17 spaces on the ground level allocated for the attached dwellings on Parcel A, 60 spaces on this Parcel B, whether on the ground level or the sixth level, will be available for the developer to use to provide parking for other projects or users. Existing driveways on Coronado Drive, Hamden Drive and Fifth Street not to be re-used will be removed and sidewalks constructed for the site frontages. Access to the majority of the parking spaces in the garage will be from Hamden Drive. This driveway has been designed with three lanes, allowing the center lane to be reversible (entrance or exit, depending on the time of day and demand). The design of this eastern driveway with the medians allows for the installation of a payment booth on the southern median. Gates are planned, along with ticket dispensers, with adequate stacking space from the sidewalk in Hamden Drive to allow safe ingress and egress to the proposed public parking in the garage. Access to the ground level parking will be from one-way driveways on Fifth Street. Eleven spaces are proposed as surface parking outside of the garage building facing Fifth Street. These spaces will be screened from view by a screen wall 30-inches in height, augmented by landscaping on the outside of the wall. Ground level parking in the garage is screened from view by walls, and openings are designed to emulate “windows” with painted mullions. Access to the developer-controlled parking on the sixth level will be restricted through the use of gates. While the gates will restrict the public from accessing the developer-controlled parking, turn around areas are designed outside of these gates on the sixth level in the event all public parking is full. Mechanical Equipment: Pursuant to Section 3-201.D.1 of the Community Development Code, all outside mechanical equipment shall be screened so as not to be visible from public streets and/or abutting properties. The proposed parking garage will be open air. The only area that will be enclosed will be the small office on the ground floor. Code does not permit any air- conditioning unit within the front setback. Therefore, any air-conditioning unit for the small office will need to be wall-mounted, preferably inside the garage area where views will be screened and not on the outside wall of the garage building. The location and design of the air- conditioning unit should be a condition of approval, required to be reviewed at the time of the Community Development 2007-08-21 9 building permit. Based upon the above, the development proposal is, or will be, consistent with the Code with regard to screening of outdoor mechanical equipment. Sight Visibility Triangles: Pursuant to Section 3-904.A of the Community Development Code, to minimize hazards at street or driveway intersections, no structures or landscaping may be installed which will obstruct views at a level between 30 inches above grade and eight feet above grade within 20-foot sight visibility triangles. The proposed site and building design includes a portion of the building within a sight visibility triangle on the north side of the driveway on Hamden Drive. Concern with the building being located within the visibility triangle is minimized by the fact that the driveway at this location is for ingress to the parking garage. Concern with parking located within the visibility triangle at the exit driveway on Fifth Street is also minimized by the site design with the public sidewalk along Fifth Street being at the curb line of Fifth Street, providing an adequate and safe distance for motorists to see pedestrians on the sidewalk prior to exiting. Screen walls for the surface parking along the south side of the property are proposed at a maximum height of 30-inches, meeting the Code requirement for structures within the visibility triangles. The intent of the sight visibility triangles is to enable those vehicles and/or pedestrians traversing a right-of-way and those vehicles stopped at a stop bar while leaving a site to have a clear and unobstructed view of one another. The proposed encroachments will not result in a conflict with this intent, as those vehicles exiting the surface parking area on the south side of the property will still have adequate and safe clear and unobstructed view of vehicles and/or pedestrians traversing Fifth Street. These encroachments upon the sight visibility triangles will not result in the grant of a special privilege as similar reductions have been approved elsewhere under similar circumstances. It is noted that the City’s Engineering Department has indicated support for this request. Based upon the above, positive findings can be made with respect to allowing the small encroachment within the driveway’s sight visibility triangles as set forth in Section 3-904.A of the Community Development Code. Utilities: Pursuant to Section 3-911 of the Community Development Code, for development that does not involve a subdivision, all utilities including individual distribution lines shall be installed underground unless such undergrounding is not practicable. The civil site plan for this proposal indicates that all on-site electric and communication lines will be placed underground in conformance with this Code requirement. There do exist overhead utility lines along the eastern portion of the frontage along Fifth Street for Parcel B, which feed the businesses through the north/south center of the property. The overhead lines that are along the eastern half of Parcel B along Fifth Street interconnect with overhead utility lines along the east side of Hamden Drive. These overhead utility lines running through the middle of Parcel B will need to be removed to provide for the construction of the parking garage. The overhead lines along the east half of Parcel B on the north side of Fifth Street will also need to be placed underground as part of the construction of this parking garage. There are no overhead utility lines within the Coronado Drive right-of-way, having been placed underground as part of the Beach Walk project. Landscaping: Pursuant to Section 3-1202.D of the Community Development Code, there are no perimeter buffers required in the Tourist District for this site. While the request has been advertised with a reduction to required interior landscaping from 10% to 3.7%, recalculation of the provided interior landscape area indicates 16.7% of the vehicular use area. Therefore, no reduction is now necessary. Pursuant to Section 3-1202.E.2, a foundation landscape area of a Community Development 2007-08-21 10 minimum five-foot width is required along the building frontages facing Coronado Drive, Hamden Drive and Fifth Street. Foundation landscaping is being provided along Coronado Drive and Hamden Drive. The proposal includes a reduction to required foundation landscaping on the south side of the parking garage from five to two feet, as a Comprehensive Landscape Program, under the provisions of Section 3-1202.G. The two-foot dimension is at the column locations only. The foundation landscape width otherwise is four feet. The screen walls and the interior landscaping compensate the reduction along the south side of the parking garage building provided between the parking area and the south property line along Fifth Street. Landscaping otherwise exceeds Code requirements elsewhere on-site. Landscaping is proposed along all sides of the parking garage to help soften the building’s appearance. Washingtonia palms are proposed along the north, west and south sides of the site. Magnolia trees are planned at the street intersections at the southwest and southeast corners of the site. Crape myrtle trees are planned along the south and east sides of the building. Ligustrum trees are proposed at the northwest and northeast corners of the site. A hedge of viburnum will be planted along the north, west and east sides of the building, whereas India hawthorn will be planted on the outside of the screen wall along Fifth Street. Between the property lines and the viburnum hedges on the east and west sides of the parking garage, India hawthorn will also be planted to create a tiered landscaping effect. Fakahatchee grass is proposed within the Fifth Street and Hamden Drive rights-of-way between the property lines and the public sidewalks. Undergrounding the existing overhead utility lines along the east half of Parcel B along Fifth Street will not restrict the types and heights of trees proposed along this roadway. Comprehensive Landscape Program: Pursuant to Section 3-1202.G of the Community Development Code, the landscaping requirements contained within the Code can be waived or modified if the application contains a Comprehensive Landscape Program satisfying certain criteria. The reduction to the foundation landscaping along the south side of the parking garage building is included in the Comprehensive Landscape Program request and is essentially a reduction from five to four feet in width, because the reduction to a two-foot width is only at the building columns. The proposed Comprehensive Landscape Program has been found to be consistent with all applicable criteria. Solid Waste: Trashcans are proposed adjacent to the stairwells on each level of the parking garage. Based on the amount of trash generated at other parking garages, one black barrel trash container is sufficient for this site. This trash barrel will be stored inside the parking garage on the ground floor and will be wheeled to the Hamden Drive right-of-way on trash days. The proposal has been found to be acceptable by the City’s Solid Waste Department. Signage: No freestanding or attached signage is proposed at this time for the parking garage. Signage for the residential project under FLD2005-02021/TDR2005-03020 was restricted to the following: 1) That all signage meet the requirements of Code and be limited to signs attached directly to the building and be architecturally-integrated with the design of the building with regard to proportion, color, material and finish as part of a final Comprehensive Sign Program package (as required) submitted to and approved by Staff prior to the issuance of any sign permits which includes that: a) All signs be designed as part of an overall theme that respect, enhance and contribute to the architectural style, detailing and elements of a building; b) All signs consist of design, colors, materials, size, shape and methods of illumination which reinforce the overall design of the façade; c) All attached signs are installed so the method of Community Development 2007-08-21 11 installation is concealed or made an integral part of the design of the sign; d) All wall signs be located on flat, unadorned parts of a façade such as the horizontal band between the storefront and second floor or on windows, awning flaps, fascia, etc.; and e) The letter size, letter and word spacing, font style and other design elements of all signs create an overall high quality aesthetic appearance. Freestanding signage in the Tourist District is restricted to a maximum height of four feet, or six feet through a Comprehensive Sign Program. Any approval of this parking garage application should include a condition allowing for freestanding signage, where such future freestanding signage must be a monument-style sign meeting Code requirements and be designed to match the exterior materials and color of the building. Code Enforcement Analysis: There is a current Code Enforcement case for un-permitted outdoor display and sales of merchandise at 325 South Gulfview Boulevard (CDC2007-01357). There is a current exterior maintenance and outdoor storage case for 326 Coronado Drive (CDC2007-00355), as well as possible unsafe conditions or housing problems (HOU2007- 00031). The Development Review Committee (DRC) reviewed the application and supporting materials at its meetings of July 5, 2007, and deemed the development proposal to be sufficient to move forward to the Community Development Board (CDB), based upon the following findings of fact and conclusions of law: Findings of Fact: 1) The 2.37 total acres is generally located between S. Gulfview Boulevard and Coronado Drive west of Brightwater Boulevard (Parcel A), between Coronado & Hamden drives north of Fifth Street (Parcel B) and east of Hamden Drive north of Fifth Street (Parcel C); 2) On July 19, 2005, the CDB approved with 15 conditions Cases FLD2005-02021/ TDR2005-03020 to permit a total of 102 attached dwellings, with 92 dwelling units in a 148-foot tall building on Parcel A and 10 dwelling units in a 64-foot tall building on Parcel B, which included the Termination of Status of Nonconformity (equivalent of 119 hotel units [116 hotel units and three dwelling units] where 93 hotel units are permitted), the conversion of these hotel units to residential units and the Transfer of Development Rights of 18 hotel units from 401 Coronado Drive and 406 Hamden Drive (donor sites); 3) On August 13, 2007, the Planning Director approved with 13 conditions a Minor Revision, under the provisions of Section 4-406.A, relocating the 10 dwelling units approved on Parcel B to Parcel A, so that Parcel A will have all 102 dwelling units approved under the original application, and Parcel B will have only accessory parking located on it (the balance between the 187 parking spaces provided on Parcel A and that necessary to provide overall required parking for the 102 dwelling units at a rate of two parking spaces per unit [total of 204 spaces]); 4) The proposal is to add the use of Parking Garage and Lot for 377 spaces to Parcel B (located between Coronado Drive and Hamden Drive, north of Fifth Street) to a previously approved project of 102 attached dwelling units (FLD2005-02021/TDR2005-03020); 5) Parcel B will provide 17 parking spaces for the attached dwellings on Parcel A; 6) Of the 377 parking spaces being provided on Parcel B, 300 parking spaces are intended to be sold to the City for public parking. Of the remaining 77 parking spaces, 50 spaces will be at ground level and 27 spaces will be on the sixth floor, all for use by the developer/owner; 6) The proposal includes reductions to the front (south along Fifth Street) setback from 15 feet to 4.4 feet (to screen wall) and to 5.5 feet (to pavement) and a reduction to the front (east along Hamden Drive) from 15 feet to 12.7 feet (to building); 7) Proposed setbacks are consistent with existing setbacks for other projects in close proximity within this urban context; 8) The proposed parking garage building has been designed at a height of 51.35 feet to the highest garage floor from Base Flood Elevation; 9) The accessory Community Development 2007-08-21 12 parking garage and attached dwellings originally approved on this Parcel B under FLD2005- 02021/TDR2005-03020 was to be at a height of 64 feet; 10) The proposed parking garage building height is consistent with the Code and with other projects approved (but yet to be constructed), under construction or already constructed within the surrounding area; 11) Unless the architect can provide documentation at the building permit stage that the stair/elevator towers must exceed the maximum height of 16 feet to the 20 feet proposed, these two towers should be required to be reduced to the maximum height of 16 feet; 12) These overhead utility lines running through the middle of Parcel B will need to be removed to provide for the construction of the parking garage. The overhead lines along the east half of Parcel B on the north side of Fifth Street also will need to be placed underground as part of the construction of this parking garage; 13) While the request has been advertised with a reduction to required interior landscaping from 10% 3.7%, recalculation of the provided interior landscape area indicates 16.7% of the vehicular use area; 14) The proposal includes a reduction to required foundation landscaping on the south side of the parking garage from five to two feet, where the two-foot dimension is at the column locations only. The foundation landscape width otherwise is four feet. Proposed site landscaping justifies the requested reduction to the foundation landscape width; and 15) There are current Code Enforcement cases at 325 South Gulfview Boulevard and at 326 Coronado Drive. Conclusions of Law: 1) That the development proposal is consistent with the Standards as per Tables 2-801.1 and 2-802 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; 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; and 4) That the development proposal is consistent with the Comprehensive Landscape Program criteria as per Section 3-1202.G of the Community Development Code. Based upon the above, the Planning Department recommends approval of the Flexible Development application in the Tourist District to permit the addition of a Parking Garage and Lot of 377 spaces to Parcel "B" (located between Coronado Drive and Hamden Drive, north of Fifth Street) to a previously approved project of 102 attached dwelling units (FLD2005-02021/ TDR2005-03020 approved by the CDB on July 19, 2005), with reductions to the front (south along Fifth Street) setback from 15 feet to 4.4 feet (to screen wall) and to 5.5 feet (to pavement), a reduction to the front (east along Hamden Drive) from 15 feet to 12.7 feet (to building) and an increase to building height from 35 feet to 51.35 feet (to top parking deck), as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-803.C, with a reduction to required foundation landscaping on the south side of the parking garage from five to two feet, as a Comprehensive Landscape Program, under the provisions of Section 3-1202.G, with Conditions of Approval: 1) That approval of this Flexible Development case is subject to the approval of a Development Agreement with the City; 2) That all prior conditions of approval under FLD2005-02021 by the CDB and under the Minor Revision are still applicable, except as modified through this application approval; 3) That the final design and color of the parking garage building be consistent with the conceptual elevations submitted to, or as modified by, the CDB; 4) That, unless the architect can provide documentation at the building permit stage that the stair/elevator towers must exceed the maximum height of 16 feet to the 20 feet proposed, these two towers be reduced to the maximum height of 16 feet prior to the issuance of the building permit; 5) That a Declaration of Unity of Title (for condominiums) for Parcels A, B and C be recorded in the public records prior to the issuance of any permits; 6) That a condominium Community Development 2007-08-21 13 plat be recorded prior to the issuance of the first Certificate of Occupancy; 7) That all utility equipment, including but not limited to wireless communication facilities, electrical and gas meters, etc., be screened from view and/or painted to match the building to which they are attached, as applicable, prior to the issuance of the first Certificate of Occupancy; 8) That existing overhead utility lines running north/south through Parcel B and along the east half of Parcel B on the north side of Fifth Street be placed underground prior to the issuance of the Certificate of Occupancy for the parking garage; 9) That any air-conditioning unit for the small office on the ground floor be wall mounted and not placed on the outside wall of the parking garage building; 10) That freestanding and attached signage for the parking garage meet the requirements of the Code and any freestanding sign be monument-style, designed to match the exterior materials and color of the parking garage building; 11) That, prior to the issuance of any permit, compliance with all requirements of Stormwater Engineering be met; 12) That all Fire Department requirements be met prior to the issuance of any permits; 13) That any applicable Public Art and Design Impact Fee be paid prior to the issuance of any permits; and 14) That all Parks and Recreation fees be paid prior to the issuance of any permits. As the Development Agreement was not submitted simultaneously with this request, it was recommended that the item be tabled until the agreement is received and reviewed. Representative Ed Armstrong said the City has a compelling need for additional beach parking and has sought alternatives for many years. He said his clients are actively involved in discussing this issue with staff to see if project economics can work for both sides. He said while the design reflects staff input, more time is needed to determine if project economics can succeed. The applicant will submit a Development Agreement for CDB recommendation to the City Council. He said the Code does not require the application to travel with the development agreement. Mr. Wells said the first condition of approval requires approval of a Development Agreement. Member Coates moved to approve Case FLD2007-06020 on today’s Consent Agenda based on evidence in the record, including the application and the Staff Report, and hereby adopt the Findings of Fact and Conclusions of Law stated in the Staff Report, with conditions of approval as listed. The motion was duly seconded and carried unanimously. Community Development 2007-08-21 14 3. Case: FLD2007-05016 – 211 Dolphin Point Level Two Application Owner: Grey Dolphin, LLC Applicant/Representative: Alberto Baraybar (15560 Gulf Boulevard, Redington Beach, FL 33708; phone: 727-709-6331; fax: 727-398-7837; email: AlbertoBaraybar@yahoo.com). Location: 0.37-acre parcel along the south side of Dolphin Point, approximately 550 feet from Larboard Way. Atlas Page: 267B. Zoning District: Medium Density Residential (MHDR) District and Island Estates Neighborhood Conservation Overlay District (IENCOD). Request: Flexible Development approval for eight attached dwelling units within the Medium High Density Residential (MHDR) District/Island Estates Neighborhood Conservation Overlay District (IENCOD) with a reduction to the front (north) setback from 25 feet to 24 feet (to building) and 3.4 feet (to pavement), the rear (south) setback from 15 feet to zero feet (to pavement), the side (east) setback from 10 feet to 7.5 feet (to pavement), and side (west) setback from 10 feet to 5.5 feet (to pavement); and an increase in building height from 50 feet to 61 feet as a Residential Infill Project pursuant to Section 2-404.F of the Community Development Code. Proposed Use: Attached Dwellings. Neighborhood Associations: Clearwater Neighborhoods Coalition (Joe Evich, President, P.O. Box 8204, Clearwater, FL 33758); and Dolphin Cove Condo Association (255 Dolphin Point, Clearwater, FL 33767; phone: 727-442-7880; email: dlphincove1@netzero.com). Presenter: Robert G. Tefft, Planner III The 0.37-acre subject property is located along the south side of Dolphin Point, approximately 550 feet west of Larboard Way and presently is vacant. The property is zoned Medium High Density Residential (MHDR) and located within the Island Estates Neighborhood Conservation Overlay District (IENCOD). It is noted that while the subject property is located within the IENCOD, all of the development standards and criteria of the MHDR zoning district apply. On October 16, 2001, the CDB approved a Flexible Development application (FL 01-08- 26) for the subject property for 11 attached dwellings as a Residential Infill Project with a deviated front (north) setback of 4 feet to pavement (off-street parking) and a deviated rear (south) setback of zero feet to pavement (pool deck) along with an increased building height of 50 feet. All other development standards were met. Subsequently, an application for a building permit was made for this project, which vested the Board’s approval; however the permit never was issued and eventually expired due to applicant inactivity, which also resulted in the expiration of the Board’s approval. The applicant has submitted Flexible Development (FLD) application for a Residential Infill Project has been submitted for the construction of eight attached dwellings within a 61.33- foot high building (as measured to the highest point of the building). The development will consist of 20 ground-level off-street parking spaces; 16 of which will be located directly beneath the building, and the remaining four located between the building and the Dolphin Point right-of- way. A small swimming pool with associated deck also is proposed at the rear of the property. The development proposal’s compliance with the various development standards of the Community Development Code is discussed below. Community Development 2007-08-21 15 ISR: Pursuant to Section 2-401.1 of the Community Development Code, the maximum ISR within the Residential High (RH) Future Land Use category is 0.85. As proposed, the development will have an ISR of 0.69 and therefore meets the above requirement. Density: Pursuant to Section 2-401.1 of the Community Development Code, the maximum density within the Residential High (RH) Future Land Use category is 30 dwelling units per acre. As such, the 0.37-acre subject property would be permitted a maximum of 11 dwelling units. The proposed eight-unit development constitutes a density of 21.63 units per acre. Minimum Setbacks: Pursuant to Section 2-404 of the Community Development Code, the development standards set forth for Residential Infill Projects are guidelines that may be varied based upon the flexibility criteria specified for Residential Infill Projects. Those development standards call for a front setback of 10-25 feet, a side setback of 0-10 feet, and a rear setback of 0-15 feet. With regard to the proposed building, only a portion of a single structural column will encroach into the required front setback, thereby requiring a reduction in setback to 24 feet. The balance of the building will meet the required front setback, as well as the required side and rear setbacks. With regard to pavement, several deviations have been requested. The proposal includes a reduction to the front (north) setback to a worst-case 3.4 feet to provide off-street parking spaces in excess of the requirements of Code. As proposed, this setback deviation cannot be supported based upon the flexibility criteria for Residential Infill Project’s. Criterion 1 requires that the development be impractical without a deviation from the development standards, and not having a setback deviation for the provision of excess parking spaces would not render the development impractical. That said; having the proposed handicap accessible parking space would be beneficial to the occupants. Therefore, it is recommended and attached as a condition of approval that the three standard off-street parking spaces be eliminated and replaced with landscaping, thereby a front (north) setback deviation would only be necessary from 25 feet to 21 feet. The proposal also includes reductions to the side (east) setback to 7.5 feet and the side (west) setback to 5.5 feet to accommodate maneuvering areas (both) and a handicap accessible ramp connecting the building to the pool (west only). While the encroachment of the handicap accessible ramp is supportable, given the provision of the additional landscape material to buffer the ramp from the abutting property, the encroachment of the maneuvering areas into the setbacks and landscape buffers is not as Section 3-1402.J.1 of the Community Development Code states that such maneuvering areas shall not encroach upon required landscape areas, and a ten-foot landscape buffer is required along the east and west perimeters of the property. Therefore, it is recommended and attached as a condition of approval that the maneuvering areas are reduced in depth so as to meet the required ten-foot setback, thereby eliminating the need for a reduction to the side (east) setback. The depth of the maneuvering areas still will be adequate given the limited number of vehicles that would access the site. Finally, the proposal includes a reduction to the rear (south) setback to zero feet to accommodate a portion of the deck and the swimming pool. The deck and pool area constitute less than 50% of the total setback area between the building and Clearwater Harbor with the Community Development 2007-08-21 16 remaining area being more than sufficient to accommodate landscaping that would help buffer the building from adjacent developments. Such reductions have been supported and approved on numerous other sites within the City. Maximum Height: Pursuant to Section 2-404 of the Community Development Code, the maximum building height for Residential Infill Projects within the MHDR District is 30 feet. However, the development standards for Residential Infill Projects are guidelines and may be varied based upon the criteria specified in Section 2-404.F. It is also noted that within the MHDR District the maximum building height for attached dwellings is 50 feet. The building is proposed at 61.33 feet to its highest point, which exceeds those maximum heights noted above. As measured to the roof deck, the building would have a height of 48 feet, which would meet Code; however several of the appurtenances that project above the roof deck do not meet that portion of the height definition [ref. Section 8-101] that identifies what structures can exceed the maximum height. As such, the building height must be based upon the highest point of the structure – 61.33 feet. A portion of the increased height is associated with various rooftop appurtenances, such as mechanical equipment (which by itself would be allowed to project above the maximum height by 16 feet), stair towers, trash chute ventilation, and architectural elements/parapet walls. The trash chute ventilation stack is depicted as projecting higher than the other appurtenances; however the height could be reduced by at least two feet which would bring it in-line with the height of the adjacent stair tower and thereby reduce the overall height of the building to 59.33 feet (this has been attached as a condition of approval). The balance of the increased building height (5.3 feet) is associated with raising the building above the BFE in order to accommodate the required off-street parking beneath the dwelling units. Accommodating the parking beneath the building and not outside between the building and the right-of-way is beneficial to the community character and this additional height is therefore justifiable. While the abutting properties to the east and west as well as properties to the north across Dolphin Point contain two-story buildings, there are buildings in the vicinity of similar and greater height than the proposed building. The building at 200 Dolphin Point (slightly northwest of the subject property) is four-stories over parking and roughly 60 feet in height; the building at 255 Dolphin Point (roughly 240 feet to the east) is ten-stories over parking and would be greater than 100 feet in height; and the building at 202 Windward Passage (across Clearwater Harbor to the south) is five-stories over parking and roughly 60 feet in height. As such, the proposed building height, based upon the modification discussed in the previous paragraph, would be consistent if not slightly less than the buildings on the aforementioned properties. Therefore, the proposal is consistent with the character of the surrounding community as it pertains to building height. Minimum Off-Street Parking: Pursuant to Section 2-404 of the Community Development Code, within the MHDR District, off-street parking is required to be provided at a rate of 2.0 parking spaces per attached dwelling unit. Therefore, the proposed eight attached dwellings require 16 off-street parking spaces. As proposed, the development would exceed its parking requirement consisting of 20 ground-level off-street parking spaces; 16 of which would be located directly beneath the building with the remaining four located between the building and the Dolphin Point right-of-way. Based upon those recommendations discussed above in relation to minimum setbacks, the three standard off-street parking spaces located between the Community Development 2007-08-21 17 building and the right-of-way are to be eliminated. The elimination of these parking spaces would reduce the total number on site to 17, which would still result in the provision of excess parking. Mechanical Equipment: Pursuant to Section 3-201.D.1 of the Community Development Code, all outside mechanical equipment shall be completely screened from view from public streets and abutting properties. The plans depict the swimming pool equipment adjacent to the pool and enclosed within a decorative cabinet. The plans, however, do not depict the location of the air-conditioning equipment for the dwellings, and while this equipment will no doubt be placed on the roof of the building, its exact location is unknown. It is attached as a condition of approval that prior to the issuance of any building permits, the plans must be revised so as to clearly depict the location of all rooftop mechanical equipment and the means by which it will be adequately screened from view by the parapets and other rooftop appurtenances. Island Estates Neighborhood Plan: The Island Estates Neighborhood Plan identifies various goals and objectives in an effort to emphasize strengths and minimize weaknesses in the neighborhood. These goals and objectives have been reviewed, and the following applicable objectives are noted: 1) Objective 4.l.: Promote the screening of all mechanical equipment, dumpsters and trash containers from public rights-of-way, adjacent property and the waterfront. The development proposal locates its refuse enclosure within the building and locates associated mechanical equipment on the roof where it would likely be screened from view by the proposed parapets and other rooftop appurtenances (although this is something that would need to be clarified prior to any building permit being issued). Subject to this issue being clarified, the development proposal would be consistent with this objective and 2) Objective 5.e.: Development and redevelopment must be consistent with the goals and objectives of the Island Estates Neighborhood Plan. As concluded through this review, as well as a review of Section 2- 1602.H of the Community Development Code, the development proposal is found to be consistent with the goals and objectives of the Plan. Based upon the above, the development proposal has been found to be consistent with the goals and objectives of the Island Estates Neighborhood Plan. Code Enforcement Analysis: According to the City’s records, there are two outstanding Code Enforcement cases on the subject property: PNU2007-01149 (overgrown lot), and PNU2007-01191 (abandoned ABV hauling trailer). These are minor issues that would be corrected well prior to development of the subject property. The DRC reviewed the application and supporting materials at its meeting of July 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: Findings of Fact: 1) That the 0.37-acre subject property is along the south side of Dolphin Point, approximately 550 feet west of Larboard Way; 2) That the property is located within the Medium High Density Residential (MHDR) District of the Island Estates Neighborhood Conservation Overlay District (IENCOD); 3) That the property is located within the Residential High (RH) Future Land Use Plan category; and 4) That there are two outstanding Code Enforcement cases associated with the subject property. Conclusions of Law: 1) That the development proposal is consistent with the Standards and Criteria as per Section 2-401.1 of the Community Development Code; 2) That the Community Development 2007-08-21 18 development proposal will be consistent with the Standards and Criteria as per Section 2-404 of the Community Development Code provided the attached conditions are met; 3) That the development proposal will be consistent with the Flexibility Criteria as per Section 2-404.F of the Community Development Code provided the attached conditions are met; 4) That the development proposal is consistent with the Flexibility Criteria as per Section 2-1602.H of the Community Development Code and with the IENCOD; and 5) That the development proposal is consistent with the General Standards for Level Two Approvals as per Section 3-913.A of the Community Development Code. Based upon the above and subject to the attached conditions, the Planning Department recommends approval of the Flexible Development application for eight attached dwelling units within the Medium High Density Residential (MHDR) District/Island Estates Neighborhood Conservation Overlay District (IENCOD) with a reduction to the front (north) setback from 25 feet to 24 feet (to building) and 21 feet (to pavement), the rear (south) setback from 15 feet to zero feet (to pavement), and the side (west) setback from 10 feet to 5.5 feet (to pavement); and an increase in building height from 50 feet to 61.33 feet as a Residential Infill Project pursuant to Section 2-404.F of the Community Development Code with Conditions of Approval: 1) That prior to the issuance of any building permits, any outstanding General Engineering and Stormwater comments shall be addressed; 2) That prior to the issuance of any building permits, a letter shall be provided to the Planning, Engineering and Fire Departments from the property owner stating that they will financially participate in the upgrading of the local water system infrastructure as fire flow tests provided by D.H. Harnish indicate that acceptable flows and pressures will be available only at certain times; 3) That prior to the issuance of any building permits, the plans shall be revised so as to clearly depict the location of all rooftop mechanical equipment, and the means by which it will be adequately screened from view by the parapets and other rooftop appurtenances; 4) That prior to the issuance of any building permits, the plans shall be revised to reduced the height of the trash chute ventilation stack by at least two feet; 5) That the three standard parking spaces located between the building and the Dolphin Point right-of-way are eliminated and replaced with landscaping, and that a revised site plan depicting such is submitted to the Planning Department for approval prior to the issuance of any building permits; 6) That the maneuvering areas are reduced in depth so as to meet the required ten-foot setback, and that a revised site plan depicting such is submitted to the Planning Department for approval prior to the issuance of any building permits; and 7) That the final design and color of the building shall be consistent with the architectural elevations submitted to (or as modified by) the CDB, and be approved by Staff. See page 21 for motion of approval. Community Development 2007-08-21 19 4. Case: LUZ2007-06003 – 1520 S Prospect Ave. Level Three Application Owner/Applicant: Woodlawn Church of God Representative: Randal W. Morris, Woodlawn Church of God, 13301 Walsingham Road, Largo, FL 33774; Telephone number 727-595-2034. Location: 0.123 acre located on the west side of S. Prospect Avenue, approximately 300 feet south of the intersection of Woodlawn Street and S. Prospect Avenue Atlas Page: 314A Request: (a) Future Land Use Plan amendment from the Institutional (I) Category to the Residential Urban (RU) Category; and (b) Rezoning from the Institutional (I) District to Medium Density Residential (MDR) District. Proposed Use: Single-family detached dwelling. Type of Amendment: Small Scale. Neighborhood Association: Clearwater Neighborhoods Coalition (Doug Williams, President, 2544 Frisco Drive, Clearwater, FL 33761; phone: 727-725-3345; email: Djw@gte.net). Presenter: Michael H. Reynolds, AICP, Planner III. This Future Land Use Plan (FLUP) amendment and rezoning application involves property comprising approximately 0.123 acres in area located on the west side of South Prospect Street, approximately 300 feet south of the intersection of Woodlawn Street and S. Prospect Avenue. This property has a FLUP classification of Institutional (I) and a zoning designation of Institutional (I). The applicant is requesting to amend the FLUP designation of the site to the Residential Urban (RU) classification and to rezone the property to the Medium Density Residential (MDR) District in order to re-establish a single-family residential use. The property consists of a building that apparently was a single family detached dwelling which transitioned to church use. This is a small lot with lawn and trees. The structure includes a one-car carport accessed by a short driveway. The existing building on site has been used for church purposes. From this building, canned goods were distributed to the needy, approximately two to four times per week. The food pantry was discontinued and the church itself relocated to Walsingham Road. This property went through a land use plan amendment from the Residential Urban to the Institutional FLUP classification and a rezoning from the Medium Density Residential to the Institutional zoning district in 2001 (Case LUZ 01-08-06). Now the applicant is seeking to return to the original FLUP classification and zoning designation in order to sell the property as a single-family house and lot. In accordance with the Countywide Plan Rules, the FLUP amendment is subject to approval by the Pinellas Planning Council and Board of County Commissioners acting as the Countywide Planning Authority. Based on the size of the parcel, review and approval by the Florida Department of Community Affairs is not required. An amendment of the FLUP from the Institutional (I) category to the Residential Urban (RU) category and a rezoning from Institutional (I) District to the Medium Density Residential (MDR) District for the subject site is requested. The site consists of 0.123 acre (5,357 square- feet) and exceeds the minimum lot size requirement for single-family residential use within the Medium Density Residential Zoning District. A predominance of single-family residential detached dwellings, some multi-family residential units, a church, and a church office characterize the neighborhood. The proposed future land use plan amendment and rezoning is compatible with the existing neighborhood. Community Development 2007-08-21 20 The proposed Residential Urban (RU) Future Land Use Plan classification and Medium Density Residential (MDR) zoning district is consistent with both the City and the Countywide Comprehensive Plans, is compatible with the surrounding area, does not require nor affect the provision of public services, is compatible with the natural environment and is consistent with the development regulations of the City. Based on the above analysis, the Planning Department recommends approval of: a) Future Land Use Plan amendment from the Institutional (I) Classification to the Residential Urban (RU) Classification and b) rezoning from the Institutional (I) District to the Medium Density Residential (MDR) District. Member Coates moved to approve Cases: FLD2005-111 09, FLD2007 -05016, and LUZ2007-06003 on today's Consent Agenda based on evidence in the record, including the applications and the Staff Reports, and hereby adopt the Findings of Fact and Conclusions of Law stated in the Staff Reports, with conditions of approval as listed. The motion was duly seconded and carried unanimously. G. DIRECTOR'S ITEM: (Item 1) 1. Proposed Amendment to the Rules of Procedure Member Coates moved to approve amending Article V Section 2 of the CDB Rules of Procedures so that Closing Remarks by Persons with Party Status precede Closing Remarks by Applicant. The motion was duly seconded and carried unanimously. Attorney for the Board Request Attorney for the Board Gina Grimes requested that the CDB amend Article IV Section 4 of the CDB Rules of Procedure so that the Order of the Meeting lists Requests for Continuances following Approval of Minutes and prior to Consent Agenda Items. The CDB will consider this request on September 18, 2007. H. ADJOURNMENT The meeting adjourned at 1 :27 p.m. ~0~ Chair Community Development Board Community Development 2007-08-21 21 COMMUNITY DEVELOPMENT BOARD Meeting Date: August 21, 2007 I have conducted a personal investigation on the personal site visit to the following properties. CONTINUED ITEM (Item 1): 1. ~ase: FLD2007-03007 - 685,689,693 and 699 Bay Esplanade Yes no LEVEL TWO APPLaCA nONS (Items 1 - 3 ) 1. Case: FLD2007-06020 - 325 South Gulfview Boulevard, 326, 345, 347 and 353 Coronado Drive and 350 H~den Drive ~ Yes no 2. C~ FLD2007 -05016 - 211 Dolphin Point / Yes no 3. ~ase: FLD2007-06019 -708 N. Missouri Avenue _Yes 'f- no LEVEL THREE APPLICATION (Item 1): 1. iase: LUZ2007-06003 -1520 S Prospect Ave ~Yes no DIRECTOR'S ITEM (Item 1 ): 1. tme Extension - FLD2005-11109 - 150, 158, 162 and 166 Brightwater Drive. _Yes no Signature: S:\Planning Department\C D B\ Date: $ /'LD ~ / . check Iist.doc COMMUNITY DEVELOPMENT BOARD Meeting Date: August 21, 2007 I have conducted a personal investigation on the personal site visit to the following properties. CONTINUED ITEM (Item 1 ): 1. Case: FLD2007-03007 - 685,689,693 and 699 Bay Esplanade Yes / no LEVEL TWO APPLCICATIONS (Items 1 -3 ) 1. Case: FLD2007-06020 - 325 South Gulfview Boulevard, 326, 345, 347 and 353 Coronado Drive and 350 Ha~en Drive ~ Yes no 2. Case: FLD2007-05016 - 211 Dolphin Point ~ Yes no 3. ca::: FLD2007;? - 708 N. Missouri Avenue LEVEL THREE APPLICATION (Item 1): 1. Case: LUZ200~003 -1520 S Prospect Ave Yes no DIRECTOR'S ITEM (Item 1 ): 1. Time d*sion - FLD2005-111 09 - 150, 158, 162 and 166 Brightwater Drive. _Yes 1K no Signature: S:\Planning Dep ~ate: f~(Ift-01 B DB, property investigation check Iist.doc COMMUNITY DEVELOPMENT BOARD Meeting Date: August 21, 2007 I have conducted a personal investigation on the personal site visit to the following properties. CONTINUED ITEM (Item 1): 1. Case: FLD2007-03007 - 685,689,693 and 699 Bay Esplanade LYes no LEVEL TWO APPLaCATIONS (Items 1 -3 ) 1. Case: FLD2007-06020 - 325 South Gulfview Boulevard, 326, 345, 347 and 353 Coronado Drive and 350 Harnden Drive /yes no 2. Case: FLD2007-05016 - 211 Dolphin Point ~es no 3. Case: FLD2007-06019 -708 N. Missouri Avenue bs no LEVEL THREE APPLICATION (Item 1): 1. ~: LUZ2007-06003 -1520 S Prospect Ave L-Yes no DIRECTOR'S ITEM (Item 1 ): 1. Time Extension - FLD2005-11109 - 150, 158, 162 and 166 Brightwater Drive. ~es no Signature: S:\Plannin _ Date: r/2U/Df \CDB, property investigation check list.doc