REZ2007-10001 Staff Report
CDB fMeeting Date:
Case Number:
Addr~sses:
Agen~a Item:
December 18.2007
REZ2007 -10001
1201. 1241 and 1261 Gulf Boulevard
F-l
CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT
~,f{GROUND INFORMATION
OwNER/APPLICANT:
D. A. Bennett Company and Andrew R. Duff, Trustee
REPRESENTATIVE:
E. D. Armstrong, Johnson, Pope, Bokor, Ruppel & Burns,
LLP
LOCIATION:
7.73 acres located on the southeast side of Gulf Boulevard
approximately 1800 feet south of Clearwater Pass Bridge
REQUEST:
Rezoning from the Business (B) District to the Tourist (T)
District.
SITE INFORMATION
PROPERTY SIZES:
Lot 1 (southern property) - 127,920 sq ft or 2.94 acres mol
Lot 2 (northern property) - 208,798 sq ft or 4.79 acres mol
Total- 336,718 sq ft or 7.73 acres mol
DIMENSIONS OF THE
PROPERTIES:
Lot 1 (south) - 656 feet wide by 195 feet deep mol
Lot 2 (north) - 1,070 feet wide by 195 feet deep mol
PROPERTY USES:
Current Uses:
Proposed Uses:
Overnight Accommodations, Restaurant, Retail Sales and
Services and Offices
Overnight Accommodations, Restaurant, Retail Sales and
Services and Offices
PLAN CATEGORY:
Cmrent Category:
Proposed Category:
Resort Facilities High (RFH)
Resort Facilities High (RFH)
ZONING DISTRICT:
Current District:
Proposed District:
Business (B)
Tourist (T)
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EXISTING
SURROUNDING USES:
North: Parks and recreation facility and outdoor recreation
South: Attached dwellings
East: Intracoastal waterway
West: Attached dwellings and overnight accommodations
ANALYSIS:
This ~ezoning application involves two adjacent properties, totaling 7.73-acres, owned by D. A.
Benn~tt Company and Andrew R. Duff, Trustee. The subject properti~s are located on the
south~ast side of Gulf Boulevard approximately 1,800 feet south of Clearwater Pass Bridge. The
properties have a Future Land Use Plan (FLUP) category of Resort Facilities High (RFH) and has
been governed by a settlement agreement based upon a previously existing B (Business) zoning
distriqt. The applicant is requesting to rezone the properties to the Tourist (T) District.
The qity dissolved the B District in 1972. Subsequently, a lawsuit was filed against the City of
Clearivater by United States Steel Corporation, Cheezem Investment Program I and Cheezem
Land I Corporation (originally styled United States Steel Corporation, Plaintiff vs. City of
Cle~ater, a municipal corporation, Defendant (case no. 78-4765-7)) in the Circuit Court for
Pinell~s County. The resulting Settlement Stipu)ation restored the dissolved B District for the
subjeqt properties and three other locations on Sand Key for a period of twenty years.
The ~ettlement Stipulation governs the intensities and densities on the two subject properties.
The s~bject properties are listed in the Settlement Stipulation as "Parcel III." Section 12 of the
Settle1;nent Stipulation states:
"Plaintiffs shall be entitled to develop up to 85,000 square feet of non-residential
floor area on Parcel III. In addition, Plaintiffs shall be entitled to develop up to
one hundred ten (110) residential dwelling units on Parcel III, or up to two
hundred twenty (220) hotel units on Parcel III, or any combination thereof, with a
conversion ratio of one (1) residential dwelling unit or two (2) hotel units. No
structure on Parcel III shall be in excess of one hundred (100) feet above the
established flood plain level. . . "
The s~ es are currently developed with 220 hotel units and approximately 36,000 square feet of
non-residential floor area.
Sectior 25 of the Settlement Stipulation states:
"The development rights agreed to herein shall remain in full force and effect for a
period of twenty (20) years, and thereafter the City of Clearwater shall be free to
regulate the use of the four parcels without limitation as a result of the final
judgment entered in this cause in this Settlement Stipulation."
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The ~inal Judgment Settlement Stipulation was dated October 17, 1986; therefore it expired on
OctoQer 17, 2006. As indicated, the City has the right to rezone the property to be consistent
with the Countywide Rules, the City's Comprehensive Plan and the Community Development
Code;
Under Chapter 163 of Florida State Statutes, the City's land development code shall be
consi~tent with the City's Future Land Use Map and Comprehensive Plan. The B District is not
listed: in the City's FLUP of the Comprehensive Plan; therefore the B District is inconsistent with
any F~UP. The T District is listed in the Future Land Use Element of the City's Comprehensive
Plan ~s consistent with the RFH Future Land Use Plan designation: Also, the T District is the
only ~onsistent zoning district listed in the Community Development Code.
Lot I: (southern lot) has a three building shopping center. Each building is one (1) story in
heig~. The two southerly buildings (Shoppes on Sand Key) have restaurant, retail sales and
servi4es, and office uses totaling approximately 29,000 square feet. The third building has a
resta~ant use (Columbia Restaurant) and is approximately 7,000 square feet.
Lot ~ (northern lot) has a 220-unit Overnight Accommodation use (Clearwater Beach Marriott
Suite~ on Sand Key) and accessory nonresidential uses (spa, restaurant, meeting rooms, outdoor
pool)f The building is ten (10) stories, approximately 100 feet, tall.
Each: of the two properties is larger than the minimum required lot area and lot width for the
exist~ng uses in the Tourist District. All existing uses on the two properties are permitted uses in
the Tourist District.
I. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN [Section 4-602.F.l]
Reco~mended Findings of Fact
Applicable Goals, Objectives and Policies from the Clearwater Comprehensive Plan in support
of th~ proposed rezoning are as indicated below:
3.0 Goal- A sufficient variety and amount of future land use categories shall be provided
to accommodate public demand and promote infill development.
Demand for the T District designation is demonstrated by the fact that tourism is the
largest contributor to the City's economy and the site is currently occupied by uses that
are consistent with the T District and are in close proximity to Clearwater Beach.
3.2.1 Policy - Land Uses on the Comprehensive Land Use Plan Map shall generally be
interpreted as indicated in the following table. The intensity standards listed in the table
(FAR - floor area ratio; ISR - impervious surface ratio) are the maximum allowed for
each plan category, except where otherwise permitted by special area plans or
redevelopment plans approved by the City Commission. Consequently, individual
zoning districts, as established by the City's Community Development Code, may have
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more stringent intensity standards than those listed in the table but will not exceed the
maximum allowable intensity of the plan category, unless otherwise permitted by
approved special area plans or redevelopment plans.
The Irourist District is consistent with the City's FLUP for Resort Facilities High and is
consi~tent with the City's Comprehensive Plan. The previous designation of "Business District"
is not.
The proposed zoning atlas amendment is not in conflict with any Clearwater Comprehensive
Plan Ooals, Objectives or Policies.
Recommended Conclusions of Law
As st~ted earlier, the property has a FLUP designation of RFH. The Clearwater Comprehensive
Plan ,and Community Development Code specifies that the proposed T zoning district is
consi$tent with the RFH Plan category; therefore the proposed rezoning is consistent with the
Clearwater Comprehensive Plan.
II. COMPATIBILITY WITH SURROUNDING PROPERTY/CHARACTER OF THE
CITY & NEIGHBORHOOD [Sections 4-602.F.2, 4-602.F.3 & 4-602.F.4]
Reco~mended Findings of Fact
Gulf Boulevard Corridor
Gulf J30ulevard is a three-lane roadway. The center lane is a turn lane with periodic landscape
islanqs surrounding pedestrian crossings. The properties, located south of Clearwater Pass
Bridge, are characterized by a variety of uses. Immediately to the north of the subject properties
is CitiY-owned property developed as the Sailing Center and Sand Key Bayside Park. To the
north~est across Gulf Boulevard are the Pinellas County-owned Sand Key Park and the City of
Cle~ater Fire Station #44. These publicly-owned parcels have zoning designations of Open
Spac~/Recreation (OS/R) with underlying FLUP designations of Recreation/Open Space (RIDS)
and Preservation.
To th~ west, the Sheraton Sand Key Resort is an overnight accommodations use with a zoning
desig~ation of T and a FLUP designation of RFH. The RFH allows 30 dwelling units per acre
and 5p overnight accommodation units per acre. Also to the west are the Grande and Meridian
on S~d Key, which are attached dwelling uses with zoning designations of B and a FLUP
desig~ation of RFH. (Please note that the City is in the process of rezoning all B parcels on Sand
Key.), The Landmark Towers, also to west, are attached dwelling uses with a zoning designation
of High Density Residential and a FLUP designation of Residential High (RH). The RH FLUP
categ<!>ry allows 30 dwelling units per acre.
To the south, the properties are adjacent to the Bayside Gardens, which are an attached dwelling
use I$d have a zoning designation of Medium Density Residential and a FLUP category of
Residential Medium (RM). The RM FLUP allows 15 dwelling units per acre.
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T 0 th~ east is the Intracoastal Waferway.
The airea is characterized by high-rise attached dwellings, overnight accommodations and land
devot~d to recreation. The area has a mixture of residential plan categories that allow for 15
(RM) ,to 30 dwelling units per acre (RH and RFH).
Section 2-801 of the Community Development Code, titled "Intent and purpose" states:
"The intent and purpose of the Tourist District ("T") is to provide a safe and
attractive tourist destination in the City of Clearwater with a full complement of
tourist accommodations and convenient access to goods and services."
Recommended Conclusions of Law
The proposed rezoning is compatible with the surrounding residential, recreation and tourist uses.
The proposed T zoning district will be in character with existing and abutting uses and zoning
desig~ations. The T zoning district will allow attached dwellings, overnight accommodations,
restautants, retail sales and services and offices which are compatible with the surrounding
neighborhood.
III. SUFFICIENCY OF PUBLIC FACILITIES [4-602.F.5]
Reco.p.mended Findings of Fact
As st~ted earlier, the two properties are approximately 7.73-acres in area and are presently
occuPled by overnight accommodations, restaurants, retail sales and services and offices. Based
on a nf1aximum allowable density of 30 dwelling units per acre in the existing RFH category and
T zon~ng district, 231 dwelling units could be constructed on the two properties. At present, no
dwellip.g units occupy either property. The RFH category allows 50 overnight accommodations
per acre for a total of 386 units. Also, the RFH category allows a Floor Area Ratio of 1.0 for a
maxi~um gross floor area of336,718 square feet of nonresidential floor area. Please note that by
CountYwide Rules, a mixed use development "Shall not exceed, in combination, the respective
numb~r of units per acre and floor area ratio permitted, when allocated in their respective
propoftion to the gross land area of the property." This Countywide Rule will not allow a site to
be deyeloped to the maximum of each density and intensity. Only a proportionate share, based
on lan~ area devoted to each use, of each density and intensity can be developed.
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Road~ays
Specific uses in the current and proposed zoning districts have been analyzed for the number of
vehicle trips that could be generated based on the Institute of Transportation Engineer's Trip
Genetation 7th Edition.
Hotel Rooms/ Net Increase PM Nl't Increase
Square Foota~e/ Dail~ of A\Cra~e PM Trips Peak of PM Peak
llse~, Residentiall'nits Trips Dail~ Trips A\Cra~e Rate Trips Trips
Maximum
Development
Potential
220 rooms 1,797 N/A 0.59 130 N/A
85,000 sf 3,650 N/A 3.75 319 N/A
As Currently
Develo ed
220 rooms 1,797 N/A 0.59 130 N/A
i\pproximately
36,000 sf 1,546 N/A 3.75 135 N/A
Proposed If District/Existing RFH
FLUP
Hotel Rooms
8.17 tri s/unit 386 rooms4 3,154 1,357 0.59 228 98
Shopping Cente
42.94/UOO sf fa 336,718 sf5 14,459 10,809 3.75 1,263 944
Residential Units ,
5.86tris/unit 231units6 1,354 709 0.52 120 63
1 = Ins~itute of Transportation Engineer's Trip Generation Edition Land Use 310
2 = Instjitute of Transportation Engineer's Trip Generation l' Edition Land Use 820
3 = Instjitute of Transportation Engineer's Trip Generation 7th Edition Land Use 230
4 = Tot~l number of hotel rooms permitted by the underlying RFH FLUP category is 50 units per acre.
5 = Total gross floor area ratio permitted by the underlying RFH FLUP category is 1.0.
6 = To411 dwelling units per acre permitted by the underlying RFH FLUP category is 30 units per acre.
The 2005 Transportation Level of Service (LOS) manual from the Pinellas County Metropolitan
Planning Organization assigned the Gulf Boulevard segment from the Clearwater City Limit to
South .Gulfview Boulevard an LOS of A. The existing PM Peak is 1,554 trips. The traffic
analysis above compares the uses permitted by the Settlement Stipulation, the existing uses of the
subject properties, and the maximum development potential allowed by the proposed T District
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and ~H FLUP. Based on the ITE Trip Generation Manual, a shopping center developed at the
absol~te maximum intensity in the T District would result in a significant increase in the PM
Peak ~ps to Gulf Boulevard. The absolute maximum intensity would be a shopping center of
336,7118 square feet. It should be noted that it is highly unlikely that a shopping center of this
magnhude would be built, due to locational characteristics and population density required to
suppqrt a retail development of such large scale. Since this unlikely form of development is the
"wor~t case" scenario based upon the traffic models, the City of Clearwater Engineering
Depatitment has used this for comparison purposes. The Engineering Department has concluded
that t~e traffic generation associated with the most intense use (336,718 square foot shopping
cente*) may increase the existing PM peak hour trips by 64.2% from 1,554 vehicle trips to 2,552
vehic~e trips. Should this happen, the LOS may become a D based on the Florida Department of
Transportation's generalized LOS tables. In such a case, the Engineering Department will
requi~e the applicant to submit to the City a Traffic Impact Analysis because the expected trip
vol~es from the shopping center exceeds the City's threshold of 100 vehicles per hour and/or
1,0001 vehicles per day. Should the Traffic Impact Analysis indicate that mitigation measures are
neces~ary, appropriate action will be taken by the City to ensure implementation of the mitigation
meas*,es. The City's Comprehensive Plan permits roadways within the City to operate with an
LOS ~fD at peak hour.
Receti.t projects within the Tourist District have primarily involved overnight accommodations
and a1jtached dwellings with accessory or limited nonresidential square footage. It is possible that
the s~bject properties may develop as a combination of overnight accommodations, attached
dwell~ngs and nonresidential square footage. Any combination of these uses would significantly
reduc~ the maximum number of trips expected.
The ~ity's Engineering Department has concluded that if the. two properties were to be
redev~loped as overnight accommodations only, the PM Peak trips will decrease 2.38% from the
existi*g 1,554 vehicle trips per hour to 1,517 vehicle trips per hour. Should this redevelopment
happep, the LOS for Gulf Boulevard will remain an A.
The Gity's Engineering Department has also concluded that should redevelopment of the two
propetties be attached dwellings only, the existing PM Peak trips could decrease 9.3% from the
existi*g 1,554 vehicle trips per hour to 1,409 vehicle trips. With this scenario, the LOS of Gulf
Boule~ard will remain an A. Further study has shown that any combination of overnight
accommodations and attached dwellings will not degrade Gulf Boulevard's LOS below an A.
In suJ;nmary, redevelopment of the two properties to the maximum amount of overnight
accorrVnodations, attached dwellings or a combination of the two, would result in fewer total
daily ~rips and PM peak hour trips than the current uses.
Mass Transit
The Oitywide LOS for mass transit will not be negatively affected by the proposed zoning atlas
amenqment. The total miles of fixed route service will not change; the subject site is located
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along, an existing transit route and headways are less than or equal to one hour. Pinellas Suncoast
Tran~it Authority's Suncoast Beach Trolley service is available along Gulf Boulevard.
Water
As nq change is proposed to the underlying future land use designation, the proposed rezoning
will *ot degrade the City's current LOS for water. Although reevelopment may result in a
great~r demand for water, the City has adequate capacity to serve the maximum potential
develppment of the two properties.
Wastewater
As n<~ change is proposed to the underlying future land use designation, the proposed rezoning
will tiot degrade the City's current LOS for wastewater. Greater development may create more
waste~ater but the City has adequate capacity to handle the maximum potential increase in
waste~ater from the two properties.
Solid I Waste
As nq change is proposed to the underlying future land use designation, the proposed rezoning
will npt degrade the City's current LOS for solid waste disposal since there is excess capacity.
Recr~ation and Open Space
Any iticrease to the number of overnight accommodation units, nonresidential square footage,
and/or new residential units may require the payment of a recreation and open space impact fee.
This ~ee is addressed through the site plan process and any required payment will be due prior to
the is$uance of building permits.
Recommended Conclusions of Law
Baseq upon the findings of fact, it has been determined that the maximum possible traffic
incre~se generated by development on the two properties is within the requirements of the City's
Comprehensive Plan. Further, there is minimal impact to water, wastewater and solid waste
service. The proposed T district will not affect open space and recreation facilities or mass
transit.
IV. ,LOCATION OF DISTRICT BOUNDARIES [Section 4-602.F.6.]
Reco~mended Findings of Fact
The lqcation of the proposed T District boundaries is logical and consolidates these two
propefties into the appropriate zoning district. The T zoning district is a compatible district with
the adjacent T, B, OS/R, HDR and MDR zoning districts located to the immediate north, south
and west. The district boundaries are appropriately drawn in regard to location and
classi~cations of streets, ownership lines, existing improvements and the natural environment.
Appr~)Val of this zoning atlas amendment does not guarantee the right to develop on the
subje~t property. Transportation concurrency must be met, and the property owner will have to
comply with all laws and ordinances in effect at the time development permits are requested.
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~f\1ARY AND RECOMMENDATION: ,
An a,rp,endment of the zoning atlas from the B District to the T District for the subject properties
is requested. The two properties exceed the minimum lot area and lot width requirements for
overn~ght accommodations, restaurant, retail sales and services and offices. Surrounding uses
incluqe parks and recreation facilities and outdoor recreation to the north, overnight
acconjunodations and attached dwellings to the west, attached dwellings to the south and the
Intracpastal Waterway to the east. The proposed rezoning will be compatible with the existing
neighporhood and is compatible with the existing future land use category and reflects the current
mix or uses on the two properties.
The proposed T District is consistent with the City Comprehensive Plan, is compatible with the
surrotP1ding area, does not conflict with the needs and character of the neighborhood and City,
does *ot require nor affect the provision of public services and the boundaries are appropriately
drawn.
Based on the above analysis, the Planning Department recommends APPROVAL of the
folloWing action on the request:
Amend the zoning atlas designation of 1201, 1241 and 1261 Gulf Boulevard from the
Business (B) District to the Tourist (T) District.
Prepated by Planning Department staff:
~l'f' /1l ) fJUf fl ~fu
Steven Everitt, Planner II
Attachments:
Applipation
Locat~on Map
Aeria~ Photograph
Futur~ Land Use Map
Zoning Map
Existi~g Surrounding Uses Map
Site P~otographs
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