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10/16/2007 COMMUNITY DEVELOPMENT BOARD MEETING MINUTES CITY OF CLEARWATER October 16, 2007 Present: Nicholas C. Fritsch Chair Kathy Milam Vice-Chair Thomas Coates Board Member Dana K. Tallman Board Member Jordan Behar Board Member Board Member Frank L. Dame Vacant Seat Alternate Board Member Absent: Doreen DiPolito 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: September 18, 2007 Member Coates moved to approve the minutes of the regular Community Development Board meeting of September 18, 2007, as recorded and submitted in written summation to each board member. The motion was duly seconded and carried unanimously. Community Development 2007-10-16 1 D. REQUEST FOR CONTINUANCE: (Items 1 – 2) 1. Case: FLD2007-03007 – 685, 689, 693 and 699 Bay Esplanade Level Two Application (Request for continuance to November 20, 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 acre 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 Association: 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. Staff Report: See Exhibit FLD2007-03007 – October 16, 2007 Planning Director Michael Delk said after substantial negotiations, the applicant had submitted a plan that staff could support. However, the submittal was too late for consideration today and staff requests a continuance to the next meeting. Representative Ed Armstrong said project neighbors support a continuance. He said the two docks have been downsized to 89 feet and 111 feet in length. He said the project has gone through the DRC (Development Review Committee) process and this will be the last request for a continuance. MAB (Marine Advisory Board) feedback on the amended project was requested. Member Dame moved to continue Case: FLD2007-03007 to November 20, 2007. The motion was duly seconded and carried unanimously. Community Development 2007-10-16 2 2. Level Three Application Case: TA2007-01001 Amendments to the Community Development Code (Request for continuance to November 20, 2007) Applicant: City of Clearwater, Planning Department. Request: Amendments to the Community Development Code regarding numerous provisions including revising and updating permitted and accessory uses, amending the height specifications for walls and fences in certain locations, providing fences to be permitted on vacant lots and lots without a primary use in certain locations, amending the setback requirement exceptions to allow certain site features, revising tree protection requirements and the tree removal permit process, revising the property maintenance requirements, amending the sign code to address signs on City property, providing for the layout of streets to be in a grid system, improving site plan review submittal requirements, making the Code consistent with Federal, State, and County law or rules, establishing a process for the Comprehensive Sign Program, strengthening the implementation requirements for Level One and Level Two development approvals, clarifying procedures for the neighborhood conservation overlay district designation process, revising code provisions to improve enforcement of the code, amending the definitions section, and updating the schedule of fees, rates, and charges. Neighborhood Association: Clearwater Neighborhoods Coalition (Joe Evich, President, P.O. Box 8204, Clearwater, FL 33758). Presenter: Michael H. Reynolds, AICP, Planner III. Mr. Delk said several clarifications are necessary before this fourth major code amendment in 2½ years is presented for board review. He requested a continuance to the next meeting. Member Coates moved to continue Case: TA2007-01001 to November 20, 2007. The motion was duly seconded and carried unanimously. Community Development 2007-10-16 3 E. CONSENT AGENDA: The following cases are not contested by the applicant, staff, neighboring property owners, etc. and will be approved by a single vote at the beginning of the meeting: (Items 1 – 2) 1. Case: FLD2007-07026 – 809 Palm Bluff Street Level Two Application Owner: Cheryl Trueblood. Applicant/Representative: Warren S. Williams (14683 Pine Glen Circle, Lutz, FL 33559; phone: 813-977-6067). Location: 0.115-acre parcel on the south side of Palm Bluff Street approximately 400 feet east of the intersection of North Myrtle Avenue and Palm Bluff Street. Atlas Page: 269A. Zoning District: Medium Density Residential (MDR) District. Request: Flexible Development approval to permit the construction of a detached dwelling in the Medium Density Residential, (MDR) District with a reduction to the front (north) setback from 25 feet to 14.49 feet, as a Residential Infill Project, under the provisions of Section 2-304.G. Proposed Use: Detached Dwelling. Neighborhood Associations: Clearwater Neighborhoods Coalition (Joe Evich, President, P.O. Box 8204, Clearwater, FL 33758); Old Clearwater Bay Neighborhood Association (Kathy Milam, President, 1828 Venetian Point Drive, Clearwater, FL 33755). Presenter: A. Scott Kurleman, Planner II. Staff Report: See Exhibit FLD2007-07026 – October 16, 2007 Member Coates moved to approve Case FLD2007-07026 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 2007-10-16 4 2. Pulled from Consent Agenda Level Three Application Case: T A2007 -09002 Amendments to the Community Development Code Applicant: City of Clearwater, Planning Department. Request: Amendments to the Community Development Code adding a definition of fractional ownership and revising for clarification purposes the definitions of dwelling unit, interval ownership/timesharing unit, overnight accommodations and residential use. Neighborhood Association: Clearwater Neighborhoods Coalition (Joe Evich, President, P.O. Box 8204, Clearwater, FL 33758). Presenter: Leslie Dougall-Sides, Assistant City Attorney Staff report: See Exhibit T A2007 -09002 - October 16, 2007 Assistant City Attorney Leslie Dougall-Sides said the City Council had requested an ordinance regarding "fractional ownership." The proposed ordinance identifies the term and would prohibit its use for property zoned residential. Fractional ownership will be permitted in the Tourist and Downtown districts in accordance with State law. This change does not affect joint-ownership, which does not divide title by time intervals. In response to a question, Ms, Dougall-Sides said staff knows of no current fractional ownerships, although some website advertisements for fractional ownership of single-family homes and a town home condominium have been reported. Corporate ownership is not fractional and is regulated by current law. Member Dame moved to recommend approval of Case T A2007 -09002 based on the evidence and testimony presented in the application, the Staff Report and at today's hearing, and hereby adopt the Findings of Fact and Conclusions of Law stated in the Staff Report. The motion was duly seconded and carried unanimously. F. DIRECTOR'S ITEM: (Item 1) 1. Holiday Luncheon Consensus was to schedule the Holiday Luncheon at the Clearwater Yacht Club. Mr. Delk reported the CPO (Clearwater Police Department) bicycle program had been cancelled due to budget cuts. Consensus was to continue the Board's support of Community Pride. G. ADJOURN The meeting adjourned at 1 :22 p.m. ~ Community Development Board Community Development 2007-10-16 5 COMMUNITY DEVELOPMENT BOARD Meeting Date: October 16, 2007 I have conducted a personal investigation on the personal site visit to the following properties. CONTINUED ITEM (Item 1): 1. ~ FLD2007-03007 - 685,689,693 and 699 Bay Esplanade Yes no LEVEL TWO APPLCICATION (Item 1) 1. C~LD2007-07026 - 809 Palm Bluff Street V Yes no Signatur"'4.-~ Da'" tZ~~&? S:\Planning Department\C D B\CDB, property investigation check list.doc ' 1=r~\L.. ~Q; COMMUNITY DEVELOPMENT BOARD Meeting Date: October 16, 2007 I have conducted a personal investigation on the personal site visit to the following properties. CONTINUED ITEM (Item 1 ): 1. CasyLD2007-03007 - 685,689,693 and 699 Bay Esplanade VYes no LEVEL TWO APPLCICATION (Item 1) 1. Cas0D2007 -07026 - 809 Palm Bluff Street /Yes no Signature: S:\Planning ~~ T oJ \ f{\O.Jtt