REZ2007-10001 Staff Report 12.18.2007
:
CDB Meeting Date December 18, 2007
Case Number: REZ2007-10001
Addresses: 1201, 1241 and 1261 Gulf Boulevard
Agenda Item: F-1
CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT
BACKGROUND INFORMATION
OWNER/APPLICANT:
D. A. Bennett Company and Andrew R. Duff, Trustee
REPRESENTATIVE:
E. D. Armstrong, Johnson, Pope, Bokor, Ruppel & Burns,
LLP
LOCATION:
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: Overnight Accommodations, Restaurant, Retail Sales and
Services and Offices
Proposed Uses:Overnight Accommodations, 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: Parks and recreation facility and outdoor recreation
South: Attached dwellings
East: Intracoastal waterway
West: Attached dwellings and overnight accommodations
ANALYSIS:
This rezoning application involves two adjacent properties, totaling 7.73-acres, owned by D. A.
Bennett Company and Andrew R. Duff, Trustee. The subject properties are located on the
southeast 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
district. The applicant is requesting to rezone the properties to the Tourist (T) 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 governs the intensities and densities on the two subject properties.
The subject properties are listed in the Settlement Stipulation as ?Parcel III.? 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
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 sites are currently developed with 220 hotel units and approximately 36,000 square feet of
non-residential floor area.
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.?
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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.
Lot 1 (southern lot) has a three building shopping center. Each building is one (1) story in height.
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.
Lot 2 (northern lot) has a 220-unit Overnight Accommodation use (Clearwater Beach Marriott
Suites on Sand Key) and accessory nonresidential uses (spa, restaurant, meeting rooms, outdoor
pool). 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
existing 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.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:
3.0 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 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? is not.
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 properties, located south of Clearwater Pass
Bridge, are characterized by a variety of uses. Immediately to the north of the subject properties
is City-owned property developed as the Sailing Center and Sand Key Bayside Park. To the
northwest across Gulf Boulevard are the Pinellas County-owned Sand Key Park and the City of
Clearwater Fire Station #44. These publicly-owned parcels have zoning designations of Open
Space/Recreation (OS/R) with underlying FLUP designations of Recreation/Open Space (R/OS)
and Preservation.
To the west, the Sheraton Sand Key Resort is an overnight accommodations use with a zoning
designation of T and a FLUP designation of RFH. The RFH allows 30 dwelling units per acre
and 50 overnight accommodation units per acre. Also to the west are the Grande and Meridian
on Sand Key, which are attached dwelling uses with zoning designations of B and a FLUP
designation 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
category allows 30 dwelling units per acre.
To the south, the properties are adjacent to the 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.
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The area 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).
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 two properties are approximately 7.73-acres in area and are presently
occupied by overnight accommodations, 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, 231 dwelling units could be constructed on the two properties. At present, no
dwelling 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
maximum gross floor area of 336,718 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. 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 Increase PM Net Increase
Square Footage/ Daily of Average PM Trips Peak of PM Peak
Uses Residential Units Trips Daily Trips Average Rate Trips Trips
Maximum
Development
Existing B District ? Potential
1
Hotel Rooms
220 rooms 1,797 N/A 0.59 130 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
110 units 645 N/A 0.52 57 N/A
(5.86 trips/unit)
As Currently
Existing B District - Developed
1
Hotel Rooms
220 rooms 1,797 N/A 0.59 130 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
1
Hotel Rooms
4
386 rooms 3,154 1,357 0.59 228 98
(8.17 trips/unit)
2
Shopping Center
5
336,718 sf 14,459 10,809 3.75 1,263 944
(42.94/1,000 sf gfa)
3
Residential Units
6
231 units 1,354 709 0.52 120 63
(5.86 trips/unit)
th
1 = Institute of Transportation Engineer?s Trip Generation7 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.
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
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subject properties, 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 would result in a significant increase in the PM Peak
trips to Gulf Boulevard. The absolute maximum intensity would be a shopping center of 336,718
square feet. It should be noted that it is highly unlikely that a shopping center of this magnitude
would be built, due to locational characteristics and population density required to support a retail
development of such large scale. Since this unlikely form of development is the ?worst case?
scenario based upon the traffic models, the City of Clearwater Engineering Department has used
this for comparison purposes. The Engineering Department has concluded that the traffic
generation associated with the most intense use (336,718 square foot shopping center) may
increase the existing PM peak hour trips by 64.2% from 1,554 vehicle trips to 2,552 vehicle 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 require
the applicant to submit to the City a Traffic Impact Analysis because the expected trip volumes
from the shopping center exceeds the City?s threshold of 100 vehicles per hour and/or 1,000
vehicles per day. Should the Traffic Impact Analysis indicate that mitigation measures are
necessary, appropriate action will be taken by the City to ensure implementation of the mitigation
measures. The City?s Comprehensive Plan permits roadways within the City to operate with an
LOS of D at peak hour.
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.
The City?s Engineering Department has concluded that if the two properties were to be
redeveloped as overnight accommodations only, the PM Peak trips will decrease 2.38% from the
existing 1,554 vehicle trips per hour to 1,517 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 two
properties be attached dwellings only, the existing PM Peak trips could decrease 9.3% from the
existing 1,554 vehicle trips per hour to 1,409 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.
In summary, redevelopment of the two properties 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
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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
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 reevelopment may result in a greater
demand for water, the City has adequate capacity to serve the maximum potential development of
the two properties.
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 two properties.
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
Any increase 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 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 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.]
Recommended Findings of Fact
The location of the proposed T District boundaries is logical and consolidates these two
properties 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 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 properties
is requested. The two properties exceed the minimum lot area and lot width requirements for
overnight accommodations, restaurant, retail sales and services and offices. Surrounding uses
include parks and recreation facilities and outdoor recreation to the north, overnight
accommodations and 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 two properties.
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 1201, 1241 and 1261 Gulf Boulevard from the
Business (B) District to the Tourist (T) District.
Prepared by Planning Department staff: _______________________________
Steven Everitt, Planner II
Attachments:
Application
Location Map
Aerial Photograph
Future Land Use Map
Zoning Map
Existing Surrounding Uses Map
Site Photographs
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