REZ2008-04002, 1241 GULF BLVD - June 17, 2008
-.
REZ2008-04002
1241 GULF BLVD
SHOPPES ON SAND KEY
-
PLANNER OF RECORD: STE
ATLAS # 304A
ZONING: B
LAND USE: RFH
RECEIVED: 04/24/2008
INCOMPLETE:
COMPLETE:
MAPS:
PHOTOS:
STAFF REPORT:
DRC:
CDB:
-
CLWCoverSheet
CDB Meeting Date:
Case Number:
Addresses:
Agenda Item:
June 17,2008
REZ2008-04002
1241, 1261 and 1281 Gulf Boulevard
E-l
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
BACKGROUND INFORMATION
OWNER:
D. A. Bennett Company
APPLICANT:
City of Clearwater
REPRESENTATIVE:
Michael Delk, Community Development Coordinator
LOCA TION:
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 Commercial
(C) District.
SITE INFORMATION
PROPERTY SIZE:
127,920 sq ft or 2.94 acres mol
DIMENSIONS OF THE
PROPERTY:
656 feet wide by 195 feet deep mol
PROPERTY USES:
Current Uses:
Proposed Uses:
Restaurant, Retail Sales and Services and Offices
Restaurant, Retail Sales and Services and Offices
PLAN CATEGORY:
Current Category:
Proposed Category:
Resort Facilities High (RFH)
Resort Facilities High (RFH)
ZONING DISTRICT:
Current District:
Proposed District:
Business (B)
Commercial (C)
Community Development Board - June 17, 2008
REZ2008-04002 - Page I of 9
EXISTING
SURROUNDING USES:
North: Overnight Accommodations
South: Attached dwellings
East: Intracoastal waterway
West: Attached dwellings
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 City of
Clearwater is requesting to rezone the property from the Business (B) District to the Commercial
(C) 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 Settlenient 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 IlL 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 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 ofthe 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
Community Development Board - June 17,2008
REZ2008-04002 - Page 2 of9
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 and obligation to provide land
development regulations 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 category. The C District is listed in the Future Land Use Element of the City's
Comprehensive Plan as consistent with the RFH Future Land Use Plan category.
The property exceeds the minimum required lot area and lot width for the existing uses in the C
District. All existing uses of the property are permitted uses in the C District.
I. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN [Section 4-602.F.l]
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 C District is consistent with the City's FLUP category for RFH and is consistent with the
City's Comprehensive Plan. The current designation of "Business District" no longer exists, and
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 C zoning district is
Community Development Board - June 17, 2008
REZ2008-04002 - Page 3 of9
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 hig.lt-rise attached dwelling buildings, overnight accommodation uses
and land devoted to City or County parks. 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 accommodation use, zoned Tourist (T) District with an underlying FLUP
category of RFH. The RFH category permits 30 dwelling units per acre, 50 overnight
accommodation units per acre or a Floor Area Ratio of 1.0.
To the west, the Landmark Towers are attached dwellings with a zoning designation of High
Density Residential (HDR) and a FLUP category of Residential High (RH). The RH category
allows 30 dwelling units per acre. Also to the west are the Meridian on Sand Key and the Grande
Condominiums. Both are attached dwelling uses with a current zoning designation of B and a
FLUP category of RFH. (Please note that the City has initiated the rezoning of all B-zoned
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 category of RFH. North of the Sheraton is 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 categories of
Recreation/Open Space (R/OS) and Preservation (P). South of Landmark Towers are Harbour
Light Towers on Sand Key and Lighthouse Towers on Sand Key, both attached dwelling uses
with a zoning designation ofHDR and a FLUP category ofRH.
To the south, the property is adjacent to Bayside Gardens, which is an attached dwelling use,
which has a zoning designation of Medium Density Residential (MDR) 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 2-701 of the Community Development Code, titled "Intent and purpose" states:
"The intent and purpose of the Commercial District is to provide the citizens of
the City of Clearwater with convenient access to goods and services throughout
Corrununity Development Board - June 17, 2008
REZ2008-04002 - Page 4 of9
the city without adversely impacting the integrity of residential neighborhoods,
diminishing the scenic quality of the city or negatively impacting the safe and
efficient movement of people and things within the City of Clearwater."
Recommended Conclusions of Law
The proposed rezoning is compatible with the surrounding residential, park and tourist uses. The
proposed C District will be in character with existing and abutting uses and zoning designations.
The C District will allow mixed use, 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 is presently developed with
restaurants, retail sales and services and office uses. The RFH category allows 50 overnight
accommodations per acre for a total of 147 units. AT present, no overnight accommodation units
occupy the property. Also, the RFH category allows a Floor Area Ratio of 1.0 for a maximum
gross floor area of 127,920 square feet of nonresidential floor area. The subject property is
currently developed with approximately 36,000 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.
Conununity Development Board - June 17,2008
REZ2008-04002 - Page 5 of 9
Roadwavs
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 (ITE)
Trip Generation ih Edition.
Net Change of PM Net Change
Hotel Rooms/ Daily Average Daily PM Trips Peak of PM Peak
Uses Square Footage Trips Trips Average Rate Trips Trips
Existin B District -
Shopping Center1
(42.94/1,000 sf gfa)
As Currently
Develo ed
Approximately
36,000 sf
1,546
N/A
3.75
135
N/A
Existin B District -
Hotel Rooms
(8.17 trips/unit)
Shopping Center
(42.94/1,000 sf gfa)
Office Park
(1.64 tri s/1,000 sfgfa)4
Maximum
Development
Potential
o rooms
o
N/A
0.59
o
N/A
85,000 sf
3,650
N/A
3.75
319
184
Proposed C
District/Existing RFH
FL UP (compared to
current B
develo ment)
Hotel Rooms
(8.17 tri s/unit)
Shopping Center
(42.94/1 ,000 sf gfa)
Office Park
(1.64 trips/1,OOO sfgfa)4 127,920 sfi 210 -1,336 1.50
1 = Institute of Transportation Engineer's Trip Generation 7 Edition Land Use 820
2 = Institute of Transportation Engineer's Trip Generation 7th Edition Land Use 310
3 = Parcel III, as listed in the Settlement Stipulation, was permitted 85,000 square feet of non-residential floor area.
4 = Institute of Transportation Engineer's Trip Generation 7th Edition Land Use 750
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.
Maximum
Development
Potential
147 rooms5
1,201
-345
0.59
87
-48
127,920 s:f
5,493
3,947
3.75
480
345
192
57
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 a LOS of A. The traffic analysis above compares the uses permitted
Community Development Board - June 17, 2008
REZ2008-04002 - Page 6 of9
by the Settlement Stipulation, the eXlstmg uses of the subject property, and the maximum
development potential allowed by the proposed C District and RFH category. Based on the ITE
Trip Generation Manual, a shopping center developed at the absolute maximum intensity in the
C District (127,920 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 City's Traffic Operations Division
shall require from the developer a traffic impact study if proposed future redevelopment results in
increases in expected trip volumes that meets or exceeds 100 vehicle trips per hour in the PM
peak hour and/or 1,000 vehicle trips per day.
The Engineering Department has concluded that the traffic generation associated with the most
intense use (127,920 square foot shopping center) is expected increase the Average Daily Trips
by 3,947 trips and the PM Peak Trips by 345. 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 by 48 trips and the Daily
Trips would decrease by 345 trips. Should this redevelopment take place, the LOS for Gulf
Boulevard will remain an A.
The City's Engineering Department also anticipates, based upon the ITE data, that should
redevelopment of the property be an office park, the PM Peak Trips could increase by 57,
whereas the Daily Trips would decrease by 1,336.
In summary, redevelopment of the property to the maximum number of overnight
accommodation units would result in fewer total Daily Trips and PM Peak Hour trips than the
current uses. Redevelopment of the site to its maximum intensity of shopping center or office
square footage would increase the number of PM Peak Trips, while office development would
decrease the Daily Trips.
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
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.
Corrununity Development Board - June 17, 2008
REZ2008-04002 - Page 7 of9
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 a
less or the same generation of 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 consistent with the City's Comprehensive
Plan. Further, there is minimal to no impact to water, wastewater and solid waste service. The
proposed C District will affect neither open space and recreation facilities nor mass transit.
IV. LOCATION OF DISTRICT BOUNDARIES [Section 4-602.F.6.]
Recommended Findings of Fact
The location of the proposed C District boundaries is logical and consolidates this property into
the appropriate zoning district. The C zoning district is a compatible district with the adjacent
zoning districts. 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.
Corrununity Development Board - June 17, 2008
REZ2008-04002 - Page 8 of 9
SUMMARY AND RECOMMENDATION:
An amendment of the zoning atlas from the B District to the C 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 office uses. 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 C 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.
Based on the above analysis, the Planning Department recommends APPROVAL of the
following action on the request:
Amend the zoning atlas designation of 1241, 1261 and 1281 Gulf Boulevard from the
Business (B) District to the Commercial (C) District.
Prepared by Planning Department staff:
Attachments:
Application
Location Map
Aerial Photograph
Future Land Use Map
Zoning Map
Existing Surrounding Uses Map
Site Photographs
S:\Planning DepartmentlC D BIZoning Atlas AmendmentslREZ 20081REZ2008-04002 - 1241.1261 and 1281 Gulf Boulevard - City of
ClearwaterlREZ2008-04002 Staff Report. doc
Community Development Board - June 17, 2008
REZ2008-04002 - Page 9 of9
Resume
Michael Delk
100 South Myrtle Avenue
Clearwater, FL 33756
727-562-4561
michael.delk(a),mvclearwater .com
PROFESSIONAL EXPERIENCE
. Planning Director
City of Clearwater
February 2005 to present
. Community Development Director
City of Temple Terrace
1994 to 2005
. Planning Technician, Planner, Assistant Planner, Acting Community Development
Director
City of Casselberry, FL 1985 to 1994
Over 20 years of experience as a practicing planner. Over ten years in a management position.
Management responsibility for Planning and Development, Building, Permitting, Code
Enforcement, Minimum Housing Code, Housing Rehabilitation Program, and Geographic
Information System. Experience in current planning, long range planning.
EDUCATION
Master of Public Administration, University of Central Florida, 1992
Bachelor of Science, Urban and Regional Planning, Southwest Missouri State University, 1984
Pi Alpha Alpha - National Honor Society for Public Affairs and Administration
LICENSES & CERTIFICATES
American Planning Association, Urban Land Institute
PROJECT
SITE
Location Map
Owner: D. A. Bennett Company Case: R EZ2008-04002
Site: 1241, 1261 and 1281 Gulf Boulevard Property Size(Acres): 2.94
Land Use Zoning
PIN: 20/29/15/73427/000/0010
From: RFH B
To: RFH C Atlas Page: 303B
S:\Planning Department\C D B\Zoning Atlas Amendments\REZ 2008\REZ2008-04002 - 1241, 1261 and 1281 Gulf Boulevard - City of
Clearwater\Maps\Location Map.doc
r- -
C3~
o
p
SE
p
SEE N19-29-15
FDR PARCElINFD
---,
S:\Planning Department\C D B\Zoning Atlas Amendments\REZ 2008\REZ2008-04002 - 1241, 1261 and 1281 Gulf Boulevard - City of
Clearwater\Maps\Zoning Map.doc
Aerial Photograph
Owner: D. A. Bennett Company
Case:
R EZ2008-04002
Site: 1241, 1261 and 1281 Gulf Boulevard
Property Size(Acres):
2.94
Land Use
Zoning
PIN:
20/29/15/73427/000/0010
From:
RFH
B
To:
RFH
C
Atlas Page:
303B
S:\Planning Department\C D B\Zoning Atlas Amendments\REZ 2008\REZ2008-04002 - 124 I, 126 I and 128 I Gulf Boulevard - City of
Clearwater\Maps\Aerial Photograph.doc
"-
Multi Family,
Residential
Gulf of
Mexico
SE
Intracoastal
Waterway
SEE N19-29-15
IDR PARCEL INID
-,
Multi Fa dy
Reside ial
r- - ==r
78636 ,
'--- - ---'
Existing Surrounding Uses Map
Owner: D. A. Bennett Company
Case:
R EZ2008-04002
Site: 1241, 1261 and 1281 Gulf Boulevard
Property Size(Acres):
2.94
Land Use
Zoning
PIN:
20/29/15/73427/000/0010
From:
RFH
B
To:
RFH
C
Atlas Page:
303B
S:\Planning Department\C D B\Zoning Atlas Amendments\REZ 2008\REZ2008-04002 - 1241, 1261 and 1281 Gulf Boulevard - City of
Clearwater\Maps\Existing Surrounding Uses Map.doc
WATER
SE
SEE N19.29-15
WATER
FORPARcalNFO
Future Land Use Map
Owner: D. A. Bennett Company
Case:
R EZ2008-04002
Site: 1241, 1261 and 1281 Gulf Boulevard
Property Size(Acres):
2.94
land Use
Zoning
PIN:
20/29/15/73427/000/0010
From:
RFH
B
To:
RFH
C
Atlas Page:
303B
S:\PJanning Department\C D BlZoning Atlas Amendments\REZ 2008\REZ2008-04002 - 1241,1261 and 1281 Gulf Boulevard - City of
Clearwater\Maps\Future Land Use Map.doc
View looking southeast at the subject property, 1241, 1261 and
1281 Gulf Boulevard
r -
I
View looking south of subject property along Gulf Boulevard
View looking west of subject property
r
.
View looking northeast at the subject property, 1241, 1261 and
1281 Gulf Boulevard
View looking northwest of the subject property, along Gulf
Boulevard
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View looking north from the subject property
REZ2008-04002
City of Clearwater
.1241. 1261 and 1281 (;nlf ROlllpv~rtf
REZ2008-04002
1241 GULF BLVD
SHOPPES ON SAND KEY
PLANNER OF RECORD: STE
ATLAS # 304A
ZONING: B
LAND USE: RFH
RECEIVED: 04/24/2008
INCOMPLETE:
COMPLETE:
MAPS:
PHOTOS:
STAFF REPORT:
DRC:
CDB:
CLWCoverSheet
CITY OF CLEARWATER
APPLICATION FOR ZONING ATLAS AMENDMENT
PLANNING DEPARTMENT
MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE A VENUE, 2nd FLOOR
. PHONE (727) 562-4567 FAX (727) 562-4576
APPLICANT, PROPERTY OWNERS, AND AGENT INFORMATION:
APPLICANT NAME: City of Clearwater
MAILING ADDRESS: 112 South Osceola Avenue, Clearwater, FL 33756
PHONE NUMBER: 727-562-4050
FAX NUMBER: 727-562-4052
PROPERTY OWNERS: D. A. Bennett Company
(List all 'J\Nners)
AGENT NAME: Michael Delk, Community Development Coordinator
MAILING ADDRESS: 100 South Myrtle Avenue, Clearwater, FL 33756
PHONE NUMBER: 727-562-4567
FAX NUMBER: 727-562-4865
SITE INFORMATION:
LOCATION: Southeast side of Gulf Boulevard approx 2900 feet south of the Clearwater Pass Bridge
STREET ADDRESS(ES): 1241, 1261 and 1281 Gulf Boulevard
LEGAL DESCRIPTION: See Attachment "A"
PARCEL NUMBER(S): 20-29-15-73427-000-0010
EXISTING ZONING: Business (B)
PROPOSED ZONING:. Commercial (C)
LAND USE PLAN
CLASSIFICATION: Resort Facilities High (RFH)
SIZE OF SITE: 2.94 acres
REASON FOR REQUEST: The Business District is not consistent with the City's Comprehensive Plan and Community Developmen
Code.
I, the undersigned, acknowledge that all
representations made in this application
are true and accurate to the best of my
knowledge.
STATE OF FLORIDA, COUNTY OF PINELLAS
Sworn to and subscribed before me this day of
, A.D., 20_ to me and/or
, who is personally
as
by
known has produced
identification.
Signature of property owner or representative
Notary public,
My commission expires:
Page 1 of 8
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 City of
Clearwater is requesting to rezone the property to the Commercial (C) 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 pl'Operties 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 IlL 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 (l) residential dwelling unit or two (2) hotel units. No
structure on Parcel III shall be in excess of one hundred (l00) 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. The City is obligated assign a consistent zoning designation to be
consistent with the Countywide Rules, the City's Comprehensive Plan and the Community
Development Code.
S:\Planning Department\C D B\Zoning Atlas Amendments\REZ 2008\REZ2008-04002 - 1241, 1261 and 1281 Gulf Boulevard - City
of Clearwater\REZ2008-04002 Application.doc
Page 2 of 8
The City is obligated to rezone this property. 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 C 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.
The subject property is larger than the minimum required lot area and lot width for the existing
uses in the C District. All existing uses on the property are permitted uses in the C District.
Standards for Review
1. The proposed amendment is consistent with and furthers the goals, policies and
objectives of the comprehensive plan and furthers the purposes of this Development Code
and other city ordinances and actions designed to implement the plan.
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 Commercial 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.
2. The available uses to which the property may be put are appropriate to the property
which is subject to the proposed amendment and compatible with existing and planned
uses in the area.
Immediately to the north of the subject property is the Clearwater Beach Marriott Suites on Sand
Key, an overnight accommodations use. The property has a zoning designation of Business (B)
with an underlying FLUP designation of Resort Facilities High, which permits 30 dwelling units
per acre or 50 overnight accommodation units per acre. The property owner for this property has
Page 3 of 8
applied to rezone the property from the.B District to the Tourist (T) District. On April 15, 2008,
the Community Development Board unanimously recommended approval of the request. 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. 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 properties have zoning designations of" Open
Space/Recreation (OS/R) with underlying FLUP designations of Recreation/Open Space (RlOS)
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 ofRH.
To the south, the property is adjacent to Bayside Gardens, which are an attached dwelling use
and has 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.
The historic uses on the property are compatible with the uses permitted in the Commercial
District. The permitted uses in the Commercial District are compatible with the surrounding
uses.
3. The amendment does not conflict with the needs and character of the neighborhood and
the city.
Section 2-701 of the Community Development Code, titled "Intent and purpose" states:
"The intent and purpose of the Commercial District is to provide the citizens of the City
of Clearwater with convenient access to goods and services throughout the city without
adversely impacting the integrity of residential neighborhoods, diminishing the scenic
quality of the city or negatively impacting the safe and efficient movement of people and
things within the City of Clearwater."
The existing shopping center was constructed in 1989. This rezoning request will not conflict
with the needs or character of the neighborhood.
Page 4 of 8
4. The amendment will not adversely or unreasonably affect the use of other property in
the area.
The historic uses on the property are permitted uses within the Commercial District and
compatible with the area. There are two overnight accommodation uses and many high rise, high
density condominium developments in the vicinity. The uses permitted in the Commercial
District will not adversely or unreasonable affect the use of other property in the area.
5. The amendment will not adversely burden public facilities, including the traffic-
carrying capacities of streets, in an unreasonably or disproportionate manner.
The underlying future land use category of the property is Resort Facilities High. This category
will not change, therefore, the densities and intensities will not change.
The City has adequate infrastructure capacity to serve this property. The City has adequate
water, wastewater, solid waste and recreation and open space capacity to serve this property. The
mass transit level of service will not be affected by this request.
Page 5 of 8
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
Generation ih Edition.
Existin B District -
Shopping Center1
(42.94/1,000 sf fa)
As Currently
Develo ed
Approximately
36,000 sf
1,546
N/A
3.75
135
N/A
Maximum
Development
Potential
o rooms 0 N/A 0.59 0 N/A
85,000 sf3 3,650 N/A 3.75 319 184
Proposed C
District/Existing RFH
FLUP (compared to
current B
develo ment
Hotel Rooms
(8.17 tri s/unit
Shopping Center1
(42.94/1,000 sf fa
Office Park
(1.64 tri s/1,OOO sf fat 128,066 sfi 210 -1,336 1.50
1 = Institute of Transportation Engineer's Trip Generation Edition Land Use 820
2 = Institute of Transportation Engineer's Trip Generation 'f' Edition Land Use 3 10
3 = Parcel III, as listed in the Settlement Stipulation, was permitted 85,000 square feet of non-residential floor area.
4 = Institute of Transportation Engineer's Trip Generation 'f' Edition Land Use 750
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.
Maximum
Development
Potential
147 rooms5
1,201
-345
0.59
87
-48
128,066 sfi
5,499
3,953
3.75
480
345
192
57
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
Page 6 of 8
by the Settlement Stipulation, the eXIstmg uses of the subject property, and the maximum
development potential allowed by the proposed C District and RFH FLUP. Based on the ITE
Trip Generation Manual, a shopping center developed at the absolute maximum intensity in the
C 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.
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
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.
Page 7 of 8
6. The district boundaries are appropriately drawn with due regard to locations and
classifications of streets, ownership lines, existing improvements and the natural
environment.
The locations of the proposed C District boundaries are logical and consolidate this property into
the appropriate zoning district. The district boundaries are appropriately drawn in regard to
location and classifications of streets, ownership lines, existing improvements and the natural
environment.
Page 8 af8
'-
Attachment "A"
Lot 1, SUBDIVISION OF RADlSSON SA YSJDE HOTEL, according to the plat thereof as
recorded in Plat Book 1 ai, Page 35, Public. Records of Pinellas County, Florida, more
particularly described as follows:
A portion of Section 20, Township 29 Southi Range 15 East, Pinellas County,_ Florida,
being more fully described as follows:
Commence at the Southwest corner of said Section 20; thence N01 "44'32" W., 4182.26
feet along1he Westerly Iin~ of said Seclion to a point on the Easterly right of way line of.
Gulf Bciulevard, a 100 .foot ~ight of way; thence along said Easterly right of way line,
N42D13131"E., 426.71 feet to the POINT OF BEGINNING; thence continuing along said
right of way line, 651.34 feet; then S.4r46'29"E., 1.07.10 feet; thence N 42"13'31"E,
5.00 feet; thence S. 4r46'29"E., 87.99 feet to an "X" cut on a concrete seawall; thence
continue S. 47D46'29"E to the mean high water line to a point hereinafter referred to as
point "A" for convenience; thence returning to the -POINT OF BEGINNING; run
8.47"46'29"E., 195.10 feet to an "X" cut on a concrete seawall; thence continue
8.47"46'29" E. to the mean high water line; thence along said water and winding
therewith In a Northeasterly direction to the aforementioned point "A".-
I~"~t /.......1
.... " I
.TRl""S. INDENTURE made this 15" day of December, 19.99, by and
..- .....'
betJ~eh.;a.~~HOPPEf(ASSOCI:A.T'is LIfUTll:IlPARnlERs!ciP, an ohio limited
.. .. .,.-..,
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~~.:"..tn'l1Z;~J1iP of the County of Frankland, in the State of Ohio, party
l / .."'",' .
( ~f fflr'Firsc Part, whose mailing a~dresa is 1650 Lake Shore Drive.
" ',,-t
Z~.~~~}~~ 220, ColUmbUS, ohio, 43204-4895, and C.A. BENNETT COMPANY.
,''"",,-;;, -,
... /")"-~./corpora[ion existing under the laws of the State of Florida,
.:. ..'.-
/-.:;::-:-. \"'" having its principal place of business in the county of 1'10el1as,
I" ,'/' ; '-,.:'
\. '. -< State of Florida, Party of the Second Part, whose mailing address
/......,;;;.....1 is 14171 Valentine Trail, Largo, FL 33774.
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Attachment "B"
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" \ 19951 5,10/11
s9_.tI!52~c8E:CBKI6iD'5' POIlU 16
p 11oIE:1.~8m\llliiIi~l1Ulun\l1l1l1l1!
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PREPARED at' AND RE'l'OJ!N", TO I .
l.r~ :r
J. Paul Raymond, f.sqd~e
Macfarlane FerquBo}l. &~cMullen
625 Court Screet:;'.sltlt, 200
Post Office Box ~&69~j~~37S7)
, , ,
Clearwater, Fl-onda 3756
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WAR1!AN'l'Y DEED
WIT N E SSE T H:
Tbac che said Party of the First Part, for and in consider-
ation of the sum of Ten Dollars 1$10.001 to it in hand paid by the
said Party of the Second Part, the receipt whereof is hereby
ac~nowledged, has granted, bargained and sold to the said Party of
the Second Part, its heirs and assigns forever, the following
described land, situate lying and being in the County of Pine1las,
""(;::~: ,:t~:tt.ate of Florida, to-wit:
;'''I~T
r,i:; '".!..~~D See Exl1ibit "A- attached hereto and made II part hereof by
CF.~:!~I~m'D referenr.e.
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.}~~ --.- Subject: to 2CCD real estate taxes, restrictions, reserva-
.. :l..~ ...-. ticns and easemencs of record.
M n ____.
~~J .~ Parcel I.D. No. 20/29/15/73427/000/0010
'rCl;;:C~tpJOGranteeIS Tax 1.0. No.
.CICl'l\l _._
Cfl~M"'i ___
And the said Party of the First Part does hereby fully warrant the
title to said land, and will defend the samB against the lawful
claims of all persons whomsoever.
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IN WITNESg."-LnlMEOF,
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sel f;i liand and seal the day and year first above writ-
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PINtLLRS CCUNTY rLR
orr.RtC.SK 10757 PG '77
the said Party of ehe First: Part halO
hereunto
ten.
Delivered
'I'HE SHOPPES ASSOCIATES LIMITED
P~TNERSHIP, an ohio limited
~9~~:r~gi~ General Eiartner'
Investment Resources
Incorporated, an Ohio
corporatio? ~ /:
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By; )!;t;!2 ~t~EAL'
Victor A. Baker, President:
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STATE OF FLORIDA
COUNTY OF PINELLAS
I HEREBY CERTIFY that before IIIe personally appeared
Victor A. Baker, as President of Investment Resources Incorporated,
an Ohio corporation, to me personally known or who has produced
as identification and who did take an
oath, known to me to be the persons described in and who exeouted
the foregoing instrument, and severally acknowledged the execution
thereof to their free act and deed as such officer, for the uses
and purposes therein expressed, and that he affixed thereto the
official seal of said corporation and the said instrument is the
act and deed of said ccrpcrarian.
WITNESS my hand and official seal at Clearwater, said County
and State, this 15th day af December, 19 }
I .
/
'\) U.UAIEAHHSTOCKWELL
Hul.1J' P\IbIc. 51.1. oll'lotillo
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/:'\.LEG;t DESCRIPTION
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lot 1, SUBDIVISION Of'RAPI~"BAYSlDE HOra, i1=rdlng to the plat theraaf liS I"2CGnted In
Plat Baok 101, page 3~. Fubll~ ,\OCOrd' af Plnellas County, Florida, marc: partlallarlY deSCribed .5
follows: \L ~) ,;
A portion of Section 20,tllwnshlp 29 South, Range 15' East, Plnc:lJas County, flOrida, beIng more
fully described as follows:
I' '" ,.....
Cllmmencellt'~ Sa"uthWi:st CIlmll/" of n/d Sectlon 20; thancI N 01"44'32. W, 4182.26 reet along
the WesterlV"l"e of sald'Sel:tlon III . paInt an the Easterly right-Of-way line of Gulf Soulevanl. D
100 fOllt r1l1ht"b"\II~yt.them:e along Slid EasterlV r/ght-of-waV line, N 42.13'31" E, <126.71 feet to
the POINt,pf\~~lftiNING; thenco CIlntlnulnll along saId right of way lIne, 651.34 feet; thlllca S'
41"'~""FI'1S;tl)fcat;'ihena!-H~t"EiSiOO1eet; thenlZ'S~"J!6'29"!-i87."9lI1'eet to "I
.X. Q1~rl:4.. ~n~etll sellwall; thenCll mntlnue S '17'46'29" E to the mean hIgh wilter Une to II poInt
herelna r readCd to as II PlIlnt .A- rllr convenlencel thence returnIng to the POINT OF
BEGIN/If G" rUb 54 "46'29"E 195.10 fcet to an -X. cut on a concrete seawal/lthence ClIntlnul
S4'7'f111'2~"E;{0 the mellnhlgh waterline; thenc:a aleng Rid watennd winding therewIth In a
N6rtA~c~1' direction to the aforementioned paint .A-,
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2. "fH:ffi}~E 1.$ NQ (9B~~IRA;ti4:IBLE [~HDJjNCE @[r @~M~1!f,ElRHm@ &b;J ~I~IL
3. ELEVA 1110MS S~I@Ml~ j,;U!J~EJ(DN B~'$~D @N N:;4;,1i1:l1~N,~L... ~~ M~IRTICAL DATUM
OF 1 9;'2.:$~ M!It~N $~A LE\$~L = O. @,Q r;m&;1i; TJ\:~I~I!.if ~~i@H MA~4K
USGE t~$:4, gLEV. = 1 4.75.
4. THE PIR'0f.l:ItiRTY L1E$ IN FL0~1i) :e@NE..~---.~LbL 11), AS ID(~~,I'€1iE1D ON FItiMA FLOOD
INsumAN:@[ RAl1[ ~;~p C@M:~!~.H~FfY P>4l~:~L N!(l). 12'3Gl!i};i~ ClIDiL4 €~.-O:k;~!;jl;t ~J'!1i"~
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5. EASEMENTS DEPICTED, HEREON RE:ELECT COMMONWEALTH TITLE
COMMITMENT 814-903495, DATED 9/2/99, PREPARED BY MAGE-~R-~i\',l:i1$:,- ,
'FE~:~USON & McMULLEN ,IN. CLEAcRWATER, FL. \.'_
6.
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7.. ~~~f;Ut~mt '!.~" ~f@;~'~J4~~ 7().~i~p;q~~~j-,4 WJiS \la,Qg1le.dir:l: OJR ~Qf4)k 7172., p:ag:e
1512; IZase/$lemts "'A", be" a:fiGJ I!;E)" ar,e Iilmtted .Illereefl.
l2/l4/99
, .
8/24/90
, C;l.~d mote 7 and @,ra>iJ,1J:~ge eaS0m0Flt on south p.Foper1;y line
1,
JMZ REVISE DESCRIPTION AND CERTIFICATION
DATE
BY
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PREPARED FOR
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SUBD.IVISlOi!\J OF ~AfD*S,S;OiN BAYS1DE HOTEL
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