REZ2008-02001 - 1001 and 1201 Gulf Blvd - April 15, 2008
:
CDB Meeting Date April 15, 2008
Case Number: REZ2008-02001
Addresses: 1101 and 1201 Gulf Boulevard
Agenda Item: F-2
CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT
BACKGROUND INFORMATION
OWNER/APPLICANT:
Andrew Duff, Trustee
REPRESENTATIVE:
E. D. Armstrong III, Johnson, Pope, Bokor, Ruppel &
Burns, LLP
LOCATION:
4.8 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 SIZE:
209,040 sq ft or 4.8 acres mol
DIMENSIONS OF THE
PROPERTY:
1,075 feet wide by 195 feet deep mol
Right – of –Way: 57,499 sq ft or 1.32 acres mol
PROPERTY USES:
Current Uses: Overnight accommodations and accessory restaurant and
retail sales and services
Proposed Uses:Overnight accommodations and accessory restaurant and
retail sales and services
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
South: Restaurant, retail sales and services, offices
East: Intracoastal waterway
West: Attached dwellings and overnight accommodations
ANALYSIS:
This rezoning application involves one 4.8-acre property owned by Andrew Duff, Trustee. The
subject property is located on the southeast side of Gulf Boulevard approximately 1,800 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 Settlement Stipulation governed the intensities and densities on the subject
property for 20 years. 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
conversion ratio of one (1) residential dwelling unit or two (2) hotel units…”
The subject property is currently developed as a 220-unit overnight accommodations 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.
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 obligation to rezone the property to be
consistent with the Countywide Rules, the City’s Comprehensive Plan and the Community
Development Code.
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Under Chapter 163 of Florida State Statutes, the City’s land development code (Community
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 and in effect there is no zoning on the property. 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 historic and current use of the
property (overnight accommodations) is consistent with the provisions of the T District.
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.”
The property is larger than the minimum required lot area and lot width for the existing uses in the
Tourist District. The existing use and accessory 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
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
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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. The historical use of the property is consistent with the purpose and
uses of the T District. 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
(Residential Medium) to 30 dwelling units per acre (Residential High and RFH).
Immediately to the north of the subject property 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 governed by the Settlement Stipulation, noted as
B on the City’s Zoning Altas, and a FLUP designation of RFH. (Please note that the City is in the
process of rezoning all B parcels on Sand Key.)
To the south, The Shoppes on Sand Key is a shopping center with restaurants, retail sales and
services and office uses. This property is the remainder of “Parcel III” as listed in the Settlement
Stipulation. It is currently developed with approximately 36,000 square feet of non-residential
floor area.
To the east is the Intracoastal Waterway.
Recommended Conclusions of Law
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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. Also, it is consistent with the historical use of the property.
III. SUFFICIENCY OF PUBLIC FACILITIES [4-602.F.5]
Recommended Findings of Fact
As stated earlier, the subject property is 4.8 acres in area and presently occupied by an overnight
accommodations use and accessory restaurant and retail sales and services. Based on a maximum
allowable density of 30 dwelling units per acre in the existing RFH category and T zoning district,
144 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 240
units. Also, the RFH category allows a Floor Area Ratio of 1.0 for a maximum gross floor area
of 209,088 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 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
As Currently
Existing B District - Developed
1
Hotel Rooms
220 rooms 1,797 N/A 0.59 130 N/A
(8.17 trips/unit)
2
Shopping Center
0 sf 0 N/A 3.75 0 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)
Maximum
Development
Existing B District - Potential
1
Hotel Rooms
220 rooms 1,797 N/A 0.59 130 N/A
(8.17 trips/unit)
Approximately
2
Shopping Center
4
49,000 sf 2,104 307 3.75 184 54
(42.94/1,000 sf gfa)
3
Residential Units
0 units 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
5
240 rooms 1,961 164 0.59 142 12
(8.17 trips/unit)
2
Shopping Center
6
209,040 sf 8,976 7,179 3.75 784 654
(42.94/1,000 sf gfa)
3
Residential Units
7
144 units 844 844 0.52 75 -55
(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 = Parcel III, as listed in the Settlement Stipulation permitted 85,000 square feet of non-residential floor area.
The adjacent property to the south of the subject property was developed with approximately 36,000 square
feet, leaving approximately 49,000 square feet that could have been developed on the subject property.
5 = Total number of hotel rooms permitted by the underlying RFH FLUP category is 50 units per acre.
6 = Total gross floor area ratio permitted by the underlying RFH FLUP category is 1.0.
7 = Total dwelling units per acre permitted by the underlying RFH FLUP category is 30 units per acre.
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The traffic analysis above compares the existing uses of the subject property, the uses permitted
by the Settlement Stipulation and the maximum development potential allowed by the proposed T
th
District and RFH FLUP. Based on the Institute of Transportation Engineer’s Trip Generation 7
Edition, a shopping center developed at the absolute maximum intensity in the T District (209,040
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 (209,040 square foot shopping center) may increase the
existing PM peak hour vehicle trips from 1,160 vehicle trips (existing vehicle trips on roadway
segment) to 1,814 vehicle trips (existing vehicle trips plus new vehicle trips). 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
new vehicle trips per PM peak hour and/or 1,000 new vehicle trips 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 Engineering Department has concluded that if the property was to be redeveloped at
the maximum density of 240 overnight accommodations units only, the PM Peak trips could
increase from the existing 1,160 vehicle trips per hour to 1,172 vehicle trips per hour. This
increase is insignificant.
The City’s Engineering Department has also concluded that if the property was to be redeveloped
at the maximum density of 144 attached dwellings only, the existing PM Peak trips could decrease
from the existing 1,160 vehicle trips per hour to 1,105 vehicle trips.
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 property may redevelop as a combination of overnight accommodations, attached
dwellings and nonresidential square footage. Any combination of these uses would reduce their
expected maximum number of trips.
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 City’s Comprehensive Plan permits roadways within the
City to operate with an LOS of D at PM peak hour. Thus, any redevelopment would result in an
acceptable LOS.
In summary, redevelopment of the subject property to the maximum intensity of nonresidential
floor area and overnight accommodations density could result in an increase in the number of new
vehicle trips in the PM peak hour and redevelopment to the maximum density of attached
dwellings could decrease the vehicle trips in the PM peak hour.
Mass Transit
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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
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. Although redevelopment may result in
more wastewater, 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 and there is
adequate capacity to handle any increases. 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.]
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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,
T and OS/R 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.
SUMMARY AND RECOMMENDATION:
Although the B District was dissolved by the City in 1972, due to the Settlement Stipulation the
Zoning Atlas continues to assign a B to the subject property. Therefore, an amendment of the
Zoning Atlas from B to the T District for the subject property is requested. The property exceeds
the minimum lot area and lot width requirements for an overnight accommodations use.
Surrounding uses include parks and recreation facilities to the north, overnight accommodations
and attached dwellings to the west, restaurant, retail sales and services, and offices 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 use 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 1101 and 1201 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
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Existing Surrounding Uses Map
Site Photographs
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