REZ2007-10001 Staff Report 02.19.2008
:
CDB Meeting Date February 19, 2008
Case Number: REZ2007-10001
Addresses: 1241, 1261 and 1281 Gulf Boulevard
Agenda Item: D-1
CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT
BACKGROUND INFORMATION
OWNER/APPLICANT:
D. A. Bennett Company
REPRESENTATIVE:
Harry S. Cline and Michael C. Foley, MacFarlane Ferguson
& McMullen, P.A.
LOCATION:
Approximately 2.94 acres located on the southeast side of
Gulf Boulevard approximately 2900 feet south of
Clearwater Pass Bridge
REQUEST:
Rezoning from the Business (B) District to the Tourist (T)
District.
SITE INFORMATION
PROPERTY SIZE:
127,920 sq ft or 2.94 acres mol
Right ? of ?Way: 32,670 sq ft or 0.75 acres mol
DIMENSIONS OF THE
PROPERTY:
656 feet wide by 195 feet deep mol
Right ? of ?Way: 32,670 sq ft or 0.75 acres mol
PROPERTY USES:
Current Uses: Restaurant, Retail Sales and Services and Offices
Proposed Uses:Restaurant, Retail Sales and Services and Offices
PLAN CATEGORY:
Current Category: Resort Facilities High (RFH)
Proposed Category: Resort Facilities High (RFH)
ZONING DISTRICT:
Current District: Business (B)
Proposed District: Tourist (T)
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EXISTING
SURROUNDING USES:
North: Overnight Accommodations
South: Attached dwellings
East: Intracoastal waterway
West: Attached dwellings
UPDATE:
At the December 18, 2007 Community Development Board meeting, the Board continued this
application, at the City?s request, to the January 15, 2008 meeting to renotice property owners
within 200 feet of the subject properties.
At the January 15, 2008 Community Development Board meeting, the Board continued this
application, at the applicant?s, Andrew R. Duff, Trustee, request, to the February 19, 2008
meeting. The applicant requested the continuance in order to remove his interest from the
application.
The original applicant, Andrew R. Duff, Trustee, has removed his name from the application as
well as the property he owns, located at 1201 Gulf Boulevard. Mr. Duff assigned D. A. Bennett
Company as the new applicant. D. A. Bennett Company is the owner of the property addressed
as 1241, 1261 and 1281 Gulf Boulevard.
ANALYSIS:
This rezoning application involves one 2.94 acre property owned by the D. A. Bennett Company.
The subject property is located on the southeast side of Gulf Boulevard approximately 2,900 feet
south of Clearwater Pass Bridge. The property has a Future Land Use Plan (FLUP) category of
Resort Facilities High (RFH) and has been governed by a Settlement Stipulation. The applicant is
requesting to rezone the property to the Tourist (T) District from the Business (B) District.
The City dissolved the B District in 1972. Subsequently, a lawsuit was filed against the City of
Clearwater by United States Steel Corporation, Cheezem Investment Program I and Cheezem
Land Corporation (originally styled United States Steel Corporation, Plaintiff vs. City of
Clearwater, a municipal corporation, Defendant (case no. 78-4765-7)) in the Circuit Court for
Pinellas County). The resulting Settlement Stipulation restored the dissolved B District for the
subject properties and three other locations on Sand Key for a period of twenty years.
The Settlement Stipulation governed the intensities and densities on the subject property. The
subject property is a portion of ?Parcel III,? as listed in the Settlement Stipulation. Section 12 of
the Settlement 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
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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 subject property is currently developed with approximately 36,000 square feet of non-
residential floor area. The development is comprised of three one-story commercial buildings.
The two southerly buildings (Shoppes on Sand Key) have restaurant, retail sales and services, and
office uses totaling approximately 29,000 square feet. The third building has a restaurant use
(Columbia Restaurant) and is approximately 7,000 square feet.
Section 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.?
The Final Judgment Settlement Stipulation was dated October 17, 1986; therefore it expired on
October 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 consistent
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 FLUP.
The T District is listed in the Future Land Use Element of the City?s Comprehensive Plan as
consistent with the RFH Future Land Use Plan designation. Also, the T District is the only
consistent zoning district listed in the Community Development Code.
The property is larger than the minimum required lot area and lot width for the existing uses in the
Tourist District. All existing uses on the property are permitted uses in the Tourist District.
I. CONSISTENCY WITH CITY?S COMPREHENSIVE PLAN [Section 4-602.F.1]
Recommended Findings of Fact
Applicable Goals, Objectives and Policies from the Clearwater Comprehensive Plan in support of
the proposed rezoning are as indicated below:
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 Tourist District is consistent with the City?s FLUP for Resort Facilities High and is consistent
with the City?s Comprehensive Plan. The previous designation of ?Business District? does not
exist, therefore, cannot be consistent.
The proposed zoning atlas amendment is not in conflict with any Clearwater Comprehensive Plan
Goals, Objectives or Policies.
Recommended Conclusions of Law
As stated 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 consistent
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]
Recommended Findings of Fact
Gulf Boulevard Corridor
Gulf Boulevard is a three-lane roadway. The center lane is a turn lane with periodic landscape
islands surrounding pedestrian crossings. The surrounding area, located south of Clearwater Pass
Bridge, is characterized by high-rise attached dwellings, overnight accommodations and land
devoted 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). Immediately to the north of the subject
property is the Clearwater Beach Marriott Suites on Sand Key, an overnight accommodations
use. This property was originally a party to this application. The subject property has a zoning
designation of Business with an underlying FLUP designation of Resort Facilities High, which
permits 30 dwelling units per acre or 50 overnight accommodation units per acre. North of the
Marriott property is City-owned property developed as the Sailing Center and Sand Key Bayside
Park.
To the west, the Landmark Towers are attached dwelling uses with a zoning designation of High
Density Residential (HDR) and a FLUP designation of Residential High (RH). The RH FLUP
category allows 30 dwelling units per acre. Also to the west are the Meridian on Sand Key and
the Grande. Both are attached dwelling uses with zoning designations of B and a FLUP
designation of RFH. (Please note that the City will be pursuing the rezoning of all B parcels on
Sand Key consistent with the Settlement Stipulation.) North of the Grande is the Sheraton Sand
Key Resort. The Sheraton is an overnight accommodations use with a zoning designation of T
and a FLUP designation of RFH. North of the Sheraton are the Pinellas County-owned Sand Key
Park and the City of Clearwater Fire Station #44. These publicly-owned parcels have zoning
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designations of Open Space/Recreation (OS/R) with underlying FLUP designations of
Recreation/Open Space (R/OS) and Preservation. South of Landmark Towers are Harbour Light
Towers on Sand Key and Lighthouse Towers on Sand Key, both are attached dwelling uses with
a zoning designation of HDR and a FLUP designation of RH.
To the south, the property is adjacent to Bayside Gardens, which are an attached dwelling use and
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.
To the east is the Intracoastal Waterway.
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
designations. The T zoning district will allow attached dwellings, overnight accommodations,
restaurants, retail sales and services and offices which are compatible with the surrounding
neighborhood.
III. SUFFICIENCY OF PUBLIC FACILITIES [4-602.F.5]
Recommended Findings of Fact
As stated earlier, the subject property is 2.94 acres in area and presently occupied by restaurants,
retail sales and services and offices. Based on a maximum allowable density of 30 dwelling units
per acre in the existing RFH category and T zoning district, 88 dwelling units could be
constructed on the property. At present, no dwelling units occupy the property. The RFH
category allows 50 overnight accommodations per acre for a total of 147 units. Also, the RFH
category allows a Floor Area Ratio of 1.0 for a maximum gross floor area of 128,066 square feet
of nonresidential floor area. Please note that by Countywide Rules, a mixed use development
?Shall not exceed, in combination, the respective number of units per acre and floor area ratio
permitted, when allocated in their respective proportion to the gross land area of the property.?
This Countywide Rule will not allow a site to be developed to the maximum of each density and
intensity allowance. Only a proportionate share, based on land area devoted to each use, of each
density and intensity can be developed.
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Roadways
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
th
Generation 7 Edition.
Hotel Rooms/ Net Change of PM Net Change
Square Footage/ Daily Average Daily PM Trips Peak of PM Peak
Uses Residential Units Trips Trips Average Rate Trips Trips
Maximum
Development
Existing B District - Potential
1
Hotel Rooms
0 rooms 0 N/A 0.59 0 N/A
(8.17 trips/unit)
2
Shopping Center
85,000 sf 3,650 N/A 3.75 319 N/A
(42.94/1,000 sf gfa)
3
Residential Units
0 units 0 N/A 0.52 0 N/A
(5.86 trips/unit)
As Currently
Existing B District - Developed
1
Hotel Rooms
0 rooms 0 N/A 0.59 0 N/A
(8.17 trips/unit)
Approximately
2
Shopping Center
36,000 sf 1,546 N/A 3.75 135 N/A
(42.94/1,000 sf gfa)
3
Residential Units
0 0 N/A 0.52 0 N/A
(5.86 trips/unit)
Proposed T
District/Existing RFH
FLUP (compared to Maximum
current B Development
development) Potential
1
Hotel Rooms
4
147 rooms 1,201 -345 0.59 87 -48
(8.17 trips/unit)
2
Shopping Center
5
128,066 sf 5,499 3,953 3.75 480 345
(42.94/1,000 sf gfa)
3
Residential Units
6
88 units 516 -1,030 0.52 46 -89
(5.86 trips/unit)
th
1 = Institute of Transportation Engineer?s Trip Generation 7 Edition Land Use 310
th
2 = Institute of Transportation Engineer?s Trip Generation 7 Edition Land Use 820
th
3 = Institute of Transportation Engineer?s Trip Generation 7 Edition Land Use 230
4 = Total 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 = Total dwelling units per acre permitted by the underlying RFH FLUP category is 30 units per acre.
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The 2007 Transportation Level of Service (LOS) manual from the Pinellas County Metropolitan
Planning Organization assigned the Gulf Boulevard segment from the Belleair Causeway to South
Gulfview Boulevard an LOS of A. The traffic analysis above compares the uses permitted by the
Settlement Stipulation, the existing uses of the subject property, and the maximum development
potential allowed by the proposed T District and RFH FLUP. Based on the ITE Trip Generation
Manual, a shopping center developed at the absolute maximum intensity in the T District (128,066
square foot shopping center) would result in an increase in the PM Peak trips to Gulf Boulevard.
It should be noted that it is highly unlikely that a shopping center of this magnitude would be
built, due to locational characteristics, and lack of population density required to support a retail
development of such scale. The Engineering Department has concluded that the traffic generation
associated with the most intense use (128,066 square foot shopping center) may increase the
existing PM peak hour trips by 29.3% from 1,160 vehicle trips (existing trips on roadway
segment) to 1,640 vehicle trips (existing trips plus new trips). The City?s Comprehensive Plan
does not permit roadways within the City to operate below an LOS of D at PM peak hour;
therefore, during the site approval process the applicant would be required to mitigate the traffic
impacts and/or reduce the intensity proposed for the subject property.
The City?s Engineering Department has concluded that if the property was to be redeveloped as
overnight accommodations only, the PM Peak trips could decrease 4.1% from the existing 1,160
vehicle trips per hour to 1,112 vehicle trips per hour. Should this redevelopment happen, the LOS
for Gulf Boulevard will remain an A.
The City?s Engineering Department has also concluded that should redevelopment of the property
be attached dwellings only, the existing PM Peak trips could decrease 7.7% from the existing
1,160 vehicle trips per hour to 1,071 vehicle trips. With this scenario, the LOS of Gulf Boulevard
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.
Recent projects within the Tourist District have primarily involved overnight accommodations and
attached dwellings with accessory or limited nonresidential square footage. It is possible that the
subject properties may develop as a combination of overnight accommodations, attached
dwellings and nonresidential square footage. Any combination of these uses would significantly
reduce the maximum number of trips expected.
In summary, redevelopment of the property to the maximum amount of overnight
accommodations, attached dwellings or a combination of the two, would result in fewer total
daily trips and PM peak hour trips than the current uses.
Mass Transit
The Citywide LOS for mass transit will not be negatively affected by the proposed zoning atlas
amendment. The total miles of fixed route service will not change; the subject site is located
along an existing transit route and headways are less than or equal to one hour. Pinellas Suncoast
Transit Authority?s Suncoast Beach Trolley service is available along Gulf Boulevard.
Water
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As no change is proposed to the underlying future land use designation, the proposed rezoning
will not degrade the City?s current LOS for water. Although redevelopment may result in a
greater demand for water, the City has adequate capacity to serve the maximum potential
development of the property.
Wastewater
As no change is proposed to the underlying future land use designation, the proposed rezoning
will not degrade the City?s current LOS for wastewater. Greater development may create more
wastewater but the City has adequate capacity to handle the maximum potential increase in
wastewater from the property.
Solid Waste
As no change is proposed to the underlying future land use designation, the proposed rezoning
will not degrade the City?s current LOS for solid waste disposal since there is excess capacity.
Recreation and Open Space
As currently developed, the Settlement Stipulation governed all Recreation and Open Space
impact fees. If any overnight accommodation units and/or dwelling units are added and/or
nonresidential floor area is increased, additional impact fees may be required. This fee is
addressed through the site plan process and any required payment will be due prior to the issuance
of building permits.
Recommended Conclusions of Law
Based upon the findings of fact, it has been determined that the maximum possible traffic increase
generated by development on the property 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.]
Recommended Findings of Fact
The location of the proposed T District boundaries is logical and consolidates this property into
the appropriate zoning district. The T zoning district is a compatible district with the adjacent B,
HDR and MDR zoning districts located to the immediate north, south and west. The district
boundaries are appropriately drawn in regard to location and classifications of streets, ownership
lines, existing improvements and the natural environment.
Approval of this zoning atlas amendment does not guarantee the right to develop on the
subject 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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SUMMARY AND RECOMMENDATION:
An amendment of the zoning atlas from the B District to the T District for the subject property is
requested. The property exceeds the minimum lot area and lot width requirements for restaurant,
retail sales and services and offices. Surrounding uses include overnight accommodations to the
north, attached dwellings to the west, attached dwellings to the south and the Intracoastal
Waterway to the east. The proposed rezoning will be compatible with the existing neighborhood
and is compatible with the existing future land use category and reflects the current mix of uses on
the property.
The proposed T District is consistent with the City Comprehensive Plan, is compatible with the
surrounding area, does not conflict with the needs and character of the neighborhood and City,
does not require nor affect the provision of public services and the boundaries are appropriately
drawn.
APPROVAL
Based on the above analysis, the Planning Department recommends of the
following action on the request:
Amend the zoning atlas designation of 1241, 1261 and 1281 Gulf Boulevard and adjacent
right ? of ? way from the Business (B) District to the Tourist (T) District.
Prepared by Planning Department staff: _______________________________
Steven Everitt, Planner II
Attachments:
Application
Resume
Location Map
Aerial Photograph
Future Land Use Map
Zoning Map
Existing Surrounding Uses Map
Site Photographs
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