Loading...
LUZ2008-05002, 1551 GULF BLVD - REVISED 09-15-08 - Continued from June 17, 2008 to September 16, 2008 L UZ2008-05002 1551 GULF BLVD BAY PARK ON SAND KEY PLANNER OF RECORD: STE ATLAS # 311B ZONING: B* LAND USE: RM RECEIVED: 05/08/2008 INCOMPLETE: COMPLETE: MAPS: PHOTOS: STAFF REPORT: DRC: CDB: CLWCoverSheet CDB Meeting Date: September 16, 2008 Case Number: LUZ2008-05002 Applicant: City of Clearwater Address: 1551 Gulf Boulevard Agenda Item: E5 CITY OF CLEARWATER PLANNING DEPARTMENT REVISED STAFF REPORT BACKGROUND INFORMATION REQUEST: (a) Future Land Use Plan amendment from the Residential Medium (RM) Classification to the Recreation/Open Space (R/OS) Classification; and (b) Rezoning from the Business (B) District to the Open Space/Recreation (OS/R) and Preservation (P) Districts. SITE INFORMATION PROPERTY SIZE: 3.87 acres mol PROPERTY USE: Current Use: Park Proposed Use: Park PLAN CATEGORY: Current Category: Residential Medium (RM) and Preservation (P) Proposed Category: Recreation/Open Space (R/OS) and Preservation (P) ZONING DISTRICT: Current District: Business (B) Proposed District: Open Space/Recreation (OS/R) and Preservation (P) EXISTING SURROUNDING USES: North: Multifamily residential (attached dwellings) South: Multifamily residential (attached dwellings) East: Intercoastal Waterway West: Multifamily residential (attached dwellings) Community Development Board – June 17, 2008 LUZ2008-05002 - Page 1 of 8 Revised Staff Report ANALYSIS: This future land use plan amendment and rezoning application involves property comprising approximately 3.87 acres in area and is known as Bay Park on Sand Key. It is located on the east side of Gulf Boulevard, approximately 200 feet north of Marina Del Rey Court. This property has future land use plan classifications of Residential Medium (RM) and Preservation (P) and a zoning designation of Business (B). The City is requesting to amend the future land use plan designation of the portion of the site designated Residential Medium (RM) (2.47 acres) to the Recreation/Open Space (R/OS) classification. It is also requesting to rezone the 2.47 acres to the Open Space/Recreation (OS/R) District and to rezone the remaining 1.4 acres of the site to the Preservation (P) District to correspond with the existing underlying Preservation (P) future land use plan category boundaries. This property, along with several others on Sand Key, was the subject of a lawsuit filed against the City of Clearwater by the 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) after the City dissolved the Business (B) District in 1972. The resulting Settlement Stipulation has governed allowable uses and development potential on the properties; however, the property has been designated as Business (B) on the zoning atlas. The Settlement Stipulation identified the subject site as a portion of Parcel I. The property adjacent to the north, the South Bay Condominiums (1501 Gulf Boulevard) comprised the remainder of Parcel I (see Case REZ2008-05005). Section 10 of the Stipulation specified that an additional 80 residential dwelling units could be developed on the Parcel I, or a total of 144 residential dwelling units. The Settlement Stipulation expired on October 17, 2006 and at that time the City became free to regulate the use of all properties involved in the lawsuit. The City is currently proposing to assign valid zoning designations to all four parcels governed by the Stipulation as the Business (B) District is not a specific zoning district identified in the Future Land Use Element of the Comprehensive Plan or in the Community Development Code. Pursuant to Florida Statutes Chapter 163, the City must bring consistency between the future land use plan and zoning atlas. In accordance with the Countywide Plan Rules, the future land use plan amendment is subject to approval by the Pinellas Planning Council and Board of County Commissioners acting as the Countywide Planning Authority. Based on the size of the parcel and the proposed future land use plan classification, review and approval by the Florida Department of Community Affairs is not required. Community Development Board – June 17, 2008 LUZ2008-05002 - Page 2 of 8 Revised Staff Report 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 land use plan amendment 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. 27 Goal – The develop a system of open spaces, parks and recreation facilities which are designed for the maximum satisfaction of the recreational needs of Clearwater’s residents and tourists. 27.4 Objective – Preserve natural open space areas which constitute aesthetic and/or ecological community assets. 27.4.3 Policy – Continue to designate appropriate land “Preservation” and “Recreation/Open Space” in the Future Land Use Plan whenever feasible. Recommended Conclusions of Law The proposed future land use plan designation of Recreation/Open Space (R/OS) reflects the current use of the property and provides more protection for the park than the existing designation of Residential Medium (RM), which allows for residential development at 15 units per acre. The Recreation/Open Space (R/OS) designation furthers the City’s policy of continuing to designate land for recreation/open space uses. The proposed plan amendment is therefore not in conflict with any Clearwater Comprehensive Plan Goals, Objectives or Policies, and is consistent with the Clearwater Comprehensive Plan. II. CONSISTENCY WITH COUNTYWIDE PLAN Recommended Findings of Fact The purpose of the proposed Recreation/Open Space (R/OS) category, as specified in Section 2.3.3.7.2 of the Countywide Rules, is to depict those areas of the County that are Community Development Board – June 17, 2008 LUZ2008-05002 - Page 3 of 8 Revised Staff Report now used, or appropriate to be used, for open space and/or recreational purposes; and to recognize the significance of providing open space and recreational areas as part of the overall land use plan. The Recreation/Open Space (R/OS) category is generally appropriate to those public and private open spaces and recreational facilities dispersed throughout the County; and in recognition of the natural and man-made conditions which contribute to the active and passive open space character and recreation use of such locations. The property’s prime waterfront location provides the public with access to man-made and natural amenities that provide active and passive recreational opportunities to the public. Recommended Conclusions of Law The proposed plan amendment is consistent with the purpose and locational characteristics of the Countywide Plan; therefore, the proposed amendment is consistent with the Countywide Plan. III. COMPATIBILITY WITH SURROUNDING PROPERTY/CHARACTER OF THE CITY & NEIGHBORHOOD [Section 4-602.F.2 & 4-603.F.3] Recommended Findings of Fact Sand Key is a barrier island developed with a variety of residential and overnight accommodation uses. Large lush landscaped properties, high-rise condominiums towers, townhouses and resort hotels characterize this area of the City. A large County park is located on the northerly tip of the island, which provides a significant open space and public beach. Sand Key is generally characterized by four future land use plan categories. They include Resort Facilities High (RFH), Residential High (RH), Residential Medium (RM) and Recreation/Open Space (R/OS). The corresponding zoning districts are Tourist (T), High Density Residential (HDR), Medium Density Residential (MDR) and Open Space/Recreation (OS/R). The subject site is surrounded to the north, south and west by attached dwellings and planned for medium and high density residential uses. Recommended Conclusions of Law The proposed future land use plan and zoning designations are in character with the overall future land use plan and zoning designations found in the area. They are compatible with surrounding uses and complimentary with the character of the immediate surrounding area and neighborhood. Community Development Board – June 17, 2008 LUZ2008-05002 - Page 4 of 8 Revised Staff Report IV. SUFFICIENCY OF PUBLIC FACILITIES Recommended Findings of Fact As stated earlier, the overall subject site is approximately 3.87 acres in area and is occupied by a City park. The purpose of the proposed application is to protect and maintain the park and reflect its intended long-term use. Roadways The accepted methodology for reviewing the transportation impacts of proposed plan amendments is based on the Pinellas Planning Council’s (PPC) traffic generation guidelines. The PPC’s traffic generation rates have been calculated for the subject site based on the existing and proposed future land use plan categories and are included in the following table. MAXIMUMPOTENTIAL TRAFFIC Gulf Boulevard: Belleair Causeway to Current Existing Proposed Net New 12 Gulfview Boulevard Situation Plan Plan Trips Maximum Daily Added Potential TripsN/A23710-227 Maximum PM Peak Hour Added Potential N/A29 1-28 3 Trips Volume of Gulf Boulevard from Belleair 12,21412,21411,987-227 Causeway to Gulfview Boulevard LOS of McMullen Booth Road from S.R. A A A A 590/Coachman to Drew Street N/A = Not Applicable LOS = Level-of-Service 1 = Based on PPC calculations of 96 trips per acre per day for the Residential Medium Future Land Use Category and 0.3 trips per day per acre for Preservation Future Land Use Category. 2 = Based on PPC calculations of 4 trips per acre per day for the Recreation Open Space Future Land Use Category and 0.3 trips per day for the Preservation Future Land Use Category. 3 = City Calculation of 12.5% “The Rules” of the Countywide Future Land Use Plan Source: Based on the 2007 Pinellas County Metropolitan Planning Organization (MPO) Level of Service Report, the segment of Gulf Boulevard from the Belleair Causeway to South Gulfview Boulevard has a LOS of A. The PM Peak trips generated by the proposed amendment would be substantially less than the trips generated by the current plan category. However, since the property is currently occupied by a park and will continue to operate as a park, there should be no change with regard to the traffic generated by the site and the current LOS will be maintained. Mass Transit The subject site is located along the Pinellas Suncoast Transit Authority’s Beach Trolley route and headways are less than or equal to one hour. Water This future land use map amendment eliminates the possibility of density on the site, as well as reduces the intensity of development permitted on the property. The only water demand Community Development Board – June 17, 2008 LUZ2008-05002 - Page 5 of 8 Revised Staff Report associated with the park use is generated by the drinking fountain and this is not proposed to change. In the event additional water is needed in the future, there is adequate water capacity to serve the property. Wastewater This future land use map amendment eliminates the possibility of density on the site, as well as reduces the intensity of development permitted on the property. At present the site does not receive any wastewater service and that is not anticipated to change. In the event there is a need to provide service to the site in the future, there is sufficient wastewater capacity. Solid Waste This future land use map amendment eliminates the possibility of density on the site, as well as reduces the intensity of development permitted on the subject property. The City has adequate solid waste capacity to serve the subject property. Recreation and Open Space The subject property is a parks and recreation use. Recommended Conclusions of Law Based upon the findings of fact, it has been determined that the traffic generated by this plan amendment reduces the amount of potential traffic; however, since the property’s use is not changing, the plan amendment will have no real impact on current traffic conditions on Gulf Boulevard. Further, there is no impact to water, wastewater, solid waste or mass transit service and open space will continue to be provided as a result of the amendment. V. IMPACT ON NATURAL ENVIRONMENT [Section 4-603.F.5.] Recommended of Findings of Fact The subject property is situated on Clearwater Harbor. The proposed land use plan amendment will recognize the recreational use of the property. The proposed zoning atlas amendment will further protect the environmentally sensitive land (Mangrove Forest and Exotic Forest Wetland) located on the east side of the property adjacent to the waterfront. Recommended Conclusions of Law Based upon the findings of fact, the proposed land use plan amendment and rezoning will greatly limit the uses allowed on this property and further protect the natural habitats located on the site. The proposed amendment and rezoning will not negatively impact coastal habitats, water quality, water quantity, or threaten any endangered species. Community Development Board – June 17, 2008 LUZ2008-05002 - Page 6 of 8 Revised Staff Report VI. LOCATION OF DISTRICT BOUNDARIES [Section 4-602 .F.6.] Recommended Findings of Fact The location of the proposed Open Space/Recreation District (OSR) and Preservation (P) District boundaries are consistent with the proposed underlying future land use plan boundaries of the subject site. The proposed zoning is compatible with the surrounding land uses and is consistent with the current use of the property. Recommended Conclusions of Law The district boundaries are appropriately drawn in regard to location and classifications of streets, ownership lines, existing improvements and the natural environment. VIICONSISTENCY OF DEVELOPMENT WITH COMMUNITY . DEVELOPMENT CODE AND CITY REGULATIONS [Sections 2-1002 & 4-602.F.1. and .2.] Recommended Findings of Fact As indicated earlier, the subject site is 3.87 acres and is occupied by a public park. The Open Space/Recreation (OS/R) zoning district does not require a minimum lot area or lot width for parks and recreation facilities. The Preservation (P) District requires a minimum lot area of 10,000 and a lot width of 100 feet. The portion of the property proposed as Preservation (P) exceeds these minimum requirements. Recommended Conclusions of Law The proposed use of the subject site is consistent with the uses allowed in the Open Space/Recreation (OS/R) and Preservation (P) zoning districts and the site meets all applicable minimum requirements of the Code. Approval of this land use plan amendment and zoning district designation 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 RECOMMENDATIONS An amendment of the Future Land Use Plan from the Residential Medium (RM) category to the Recreation/Open Space (R/OS) category and a rezoning from the Business (B) District to the Open Space/Recreation (OS/R) and Preservation (P) Districts is requested. The subject site is 3.87 acres and is surrounded by residential uses to the north, south, west and the Intracoastal Waterway to the east. The proposed future land use plan Community Development Board – June 17, 2008 LUZ2008-05002 - Page 7 of 8 Revised Staff Report amendment and rezoning is compatible with the existing surrounding area, does not require nor affect the provision of public services, is compatible with the natural environment and is consistent with the development regulations of the City. The proposed land use plan amendment and rezoning is consistent with the Countywide Plan and the City’s Comprehensive Plan APPROVAL Based on the above analysis, the Planning Department recommends of the following actions and conditions on the request: ACTIONS: APPROVAL a) Recommend of the Future Land Use Plan amendment from the Residential Medium (RM) Classification to the Recreation/Open Space (R/OS) Classification; and APPROVAL b) Recommend of the rezoning from the Business (B) District to the Recreation/Open Space (R/OS) and Preservation (P) Districts. Prepared by Planning Department staff: ____________________________________ Gina L. Clayton, Assistant Planning Director Attachments: Application Location Map Aerial Photograph of Site and Vicinity Land Use Plan Map Zoning Map Existing Surrounding Uses Site Photographs \\ms5a\pds\Planning Department\C D B\Land Use Amendments\LUZ 2008\LUZ2008-05002 - 1551 Gulf Boulevard - City of Clearwater\FINAL REVISED Staff Report LUZ2008-05002 09-14-08.doc Community Development Board – June 17, 2008 LUZ2008-05002 - Page 8 of 8 Revised Staff Report Resume Michael H. Reynolds, AICP 100 South Myrtle Avenue Clearwater, FL 33756 727-562-4836 mike.revnolds\a),myclearwater .com PROFESSIONAL EXPERIENCE . Planner III City of Clearwater March 2003 to present As a member of the Long Range Planning team, I draft text amendments to the City Code. Review small to large scale development proposals for conformance to the City Code. Prepare staff reports in readiness for department and Community Development Board meetings. Responsible for providing informational assistance to the public and developers concerning development plans. Research land use and assemble planning data. . Executive/Principal Planner Hillsborough County, Florida November 2001 to March 2003 As Citrus Park Village Community Plan Project Manager, worked with citizens and County staff to bring Comprehensive Plan Amendments forward for Planning Commission and Board of County Commissioners approvaL Member of the joint Planning Commission-Planning and Growth Management professional planning team to guide the development of a community plan for a 384 square mile land area. Worked with other professional planners to assemble corrununity-based plans within Hillsboroug..h. Cou..nty. As County Brownfields Director, assisted applicants seeking Brownfields designation approvals. Reviewed rezoning proposals. Presided over a meeting with Hillsborough and Pasco counties to discuss annexation issues. . Community Development Director City of Madeira Beach, Florida June 2000 to November 2001 Organized resources to make community development efficient and responsive in a fast-paced tourism-based economic environment. Established procedures to improve the speed of development plan reviews. Introduced a project to develop a community vision. Prepared two successful State grant applications for waterfront recreational site development. Responsible for reviewing coastal construction issues and flood plain management. . Town Planner Town of Hudson, NH September 1987 to June 2000 Updated plan review methods. Managed Impact Fees and Geographic Information Systems development projects. Co-founder and officer of the Hudson Economic Development Corporation. Prepared a successful application for Federal funds to introduce bicycle lanes and sidewalks. Wrote an application for State funds that resulted in the purchase of 393 acres of land for open space protection. Applied for Federal grant funds to redevelop a waterfront park. . Director of Planning & Economic Development City of Somersworth, NH August 1984 to September 1987 Developed a major adaptive use project to creatively reuse a 19th Century textile mill, involving more than 200,000 square feet of building and seven acres of river front land. Prepared three successful Federal grant applications resulting in the award of $230,000 for public facility improvement, historic district development, and recreational park revitalization. Organized the formation of a Chamber of Commerce. . City Planner I City of McAllen, TX September 1983 to August 1984 Downtown revitalization planning and promotion; long range planning, including land annexation; current planning, including site plan and subdivision review. · Planning Assistant City of New Berlin, WI September 1981 to May 1982 Systematically assembled data for the evaluation of existing land use on the Lincoln Avenue Corridor; developed a sign ordinance revision, which was approved by the Common Council and implemented. . Assistant to Secretary of State State Capitol, Hartford, CT February 1977 to August 1980 Personal assistant to Secretary of State Gloria Schaffer; presented a resolution before the State Legislature's Appropriations Committee to preserve a major function of the office. EDUCATION Master of Urban Planning, University of Wisconsin-Milwaukee, 1982 BA; Political Science, Marquette University, 1975 Saint Leo College, 1971 - 1973 LICENSES & CERTIFICATES American Institute of Certified Planners (AICP) ASSOCIATION MEMBERSHIP American Institute of Certified Planners American Planning Association Northern New England Chapter New Hampshire Director, 1994-1995 New Hampshire Planning Association Vice President, 1988-1989 Toastmasters International " PROJECT SITE r / --= 1\o\ARINA DEL REY Location Map Owners: City of Clearwater Case: LUZ2008-05002 Site: 1551 Gulf Boulevard Property 4.01 acres Size (Acres): Land Use Zoning PIN: 19-29-15-00000-430-0100 From: RM &P B To: RIOS & P OSIR & P Atlas Page: 311B S:\Planning Department\C D B\Land Use Amendments\LUZ 2008\LUZ2008-05002 - 1551 Gulf Boulevard - City of Clearwater\Mal's\Location Map.doc CITY OF CLEARWATER APPLICATION FOR COMPREHENSIVE PLAN AMENDMENT (INCLUDING FUTURE LAND USE MAP AMENDMENT) . PLANNING DEPARTMENT MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, 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: City of Clearwater (List all owners) 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: East side of Gulf Boulevard approximately 7,410 feet south of Clearwater Pass Bridge STREET ADDRESS(ES): 1551 Gulf Boulevard LEGAL DESCRIPTION: See Attachment "An PARCEL NUMBER(S): 19-29-15-00000-430-0100 SIZE OF SITE: 3.59 acres FUTURE LAND USE CLASSIFICATION: PRESENT: RM and P REQUESTED: R10S and P ZONING CLASSIFICATION: PRESENT: B REQUESTED: OS/R and P PROPOSED TEXT AMENDMENT: N/A (use additional paper if necessary) I (We), the undersigned, acknowledge that all representations made in this application are true and accurate to the best of my/( our) knowledge. STATE OF FLORIDA, COUNTY OF PINELLAS Sworn to and subscribed before me this day of , A.D., 20 to me by , who is personally known has produced ., .."' . .> .f/{ JUt ..(,~ ~ l t<"t:/ h -.;.{"' Sign~ttire. ,!fpro~e~ owner or. .Je~rsenta~v\3 .. .. /1if'S IJ 1). "I ( , . V /1 117 j)/ ~f..-tJ' .# ; ,. as identification. Signa.ture of property owner or representative Notary public, my commission expires: This Future Land Use Map amendment and rezoning application involves one property developed as parks and recreation use. The subject property is located on the east side of Gulf Boulevard approximately 7,410 feet south of Clearwater Pass Bridge. The property has a Future Land Use Plan (FLUP) category of Residential Medium (RM) and Preservation (P) and has been governed by a Settlement Stipulation. The property has a zoning designation of Business (B) District. The City of Clearwater is requesting to amend the FLUP category of Residential Medium to Recreation/Open Space (RlOS) and rezone the portion of the property that has the RM designation to Open Space/Recreation (OS/R) District and the rezone the portion of the property with the P designation to the Preservation District. The R/OS category permits recreation facilities and open space with Floor Area Ratio (FAR) of 0.25 and a maximum Impervious Surface Ratio (ISR) of 0.60. The P category primarily protects environmental areas from development. The P category permits an FAR of 0.1 0 and an ISR of 0.20. 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 I," as listed in the Settlement Stipulation. Section 10 of the Settlement Stipulation states: "Plaintiffs shall be entitled to develop an additional 80 residential dwelling units on Parcel I, or a total of one hundred forty-four (144) residential dwelling units. The development of Parcel I shall be in substantial accordance with any of the alternative schematic site plans prepared by Community Design Corp. and dated August 28, 1986, which are attached hereto as Exhibits "A-I" through "A-3" and hereby incorporated by reference. Plaintiffs shall not be restricted to utilizing the existing foundation for the construction of the additional eighty (80) units permitted pursuant to this Settlement Stipulation. 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 consistent future land use and zoning designations 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 S:\Planning Department\C 0 B\Land Use Amendments\LUZ 2008\LUZ2008-05002 - 1551 Gulf Boulevard - City of Clearwater\LUZ2008- 05002 Application.doc Page 20f9 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 OS/R District is listed in the Future Land Use Element of the City's Comprehensive Plan as consistent with the R/OS FLUP designation and the Preservation District is consistent with the P FLUP category. The subject properties are larger than the minimum required lot area and lot width for the existing uses in the OS/R and Preservation District. The existing uses on the property are permitted uses in the OS/R and Preservation District. Standards for Review 1. The proposed amendment furthers implementation of the Comprehensive Plan consistent with the goals, policies and objectives of 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. 27.4 Objective - Preserve natural open space areas which constitute aesthetic and/or ecological community assets. 27.4.3 Policy - Continue to designate appropriate land "Preservation" and "Recreation/Open Space" in the Future Land Use Plan whenever feasible. The Open Space/Recreation (OS/R) District is consistent with the City's FLUP for Recreation/Open Space (R/OS) and is consistent with the City's Comprehensive Plan. The Preservation District is consistent with the City's FLUP for Preservation (P) 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 amendment is not inconsistent with other provisions of the Comprehensive Plan. The Plan is consistent with all applicable provisions of the Comprehensive Plan. S:\Planning Department\C 0 B\Land Use Amendments\LUZ 2008\LUZ2008-05002 - 1551 Gulf Boulevard - City of Clearwater\LUZ2008_ 05002 Application.doc Page 3 of9 3. 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 1501 Gulf Boulevard, an attached dwelling use. The property has zoning designations of Business (B) with an underlying Future Land Use Plan (FLUP) designation of Residential Medium (RM) and Preservation (P). The RM FLUP permits 15 dwelling units per acre and the P FLUP protects natural features with a Floor Area Ratio of 0.10. The City is in the process of rezoning this property to Medium Density Residential (MDR) and Preservation. To the east is the Intracoastal Waterway. To the south of the subj ect property is 1581 Gulf Boulevard, an attached dwelling use. The property has FLUP of Residential High (RH) and has a zoning designation of High Density Residential (HDR). To the west, the Ultimar I, IT and ill are attached dwelling uses with zoning designations of Business (B) and Open Space/Recreation (OS/R) and FLUP designations of Residential High (RH) and P. The City is in the process of rezoning the B portion of these properties to High Density Residential (HDR). The historic use on the property is compatible with the uses permitted in the OS/R District and Preservation District and RlOS and P FLUP categories. The permitted uses in the OS/R and P Districts are compatible with the surrounding uses. Section 2-1401 of the Community Development Code, titled "Intent and purpose" states: "The intent and purpose of the Open Space/Recreation District is to establish areas where public and private organizations can establish and operate passive and active open space and recreation facilities which are important to the quality of life and economic vitality of the City of Clearwater without adversely impacting the integrity of adjacent residential neighborhoods, diminishing the scenic quality of the City of Clearwater or negatively impacting the safe and efficient movement of people and things within the City of Clearwater." Section 2-1501 ofthe Community Development Code, titled "Intent and purpose" states: "It is the intent and purpose of the Preservation District to protect the waters, waterways and coastal wetlands of the Gulf of Mexico and Tampa Bay and noncoastal wetlands, environmentally sensitive palustrine, lacustrine and riverine areas, natural and artificially made interior bodies of water and other submerged lands through the control of development of these areas so that their ecological and aesthetic values may be preserved for the health and enjoyment of present and future generations." The OS/R and Preservation Districts are consistent with adjacent districts and the historic use of the property is permitted in the OS/R and Preservation Districts. S:\Planning Department\C 0 B\Land Use Amendments\LUZ 2008\LUZ2008-05002 - 1551 Gulf Boulevard - City of ClearwatenLUZ2008- .05002 Application.doc Page40f9 4. Sufficient public facilities are available to serve the property. The underlying future land use category of the property is Residential Medium (RM). The RM category permits 15 dwelling units per acre. The proposed R/OS and P Districts permit no residential uses. This will amendment will reduce the amount of infrastructure capacity needed to serve this property. 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. S:\Planning Department\C 0 B\Land Use Amendments\LUZ 2008\LUZ2008-05002 - 1551 Gulf Boulevard _ City of ClearwatenlUZ2008_ 05002 Application.doc Page 5 of 9 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. ! ,-";,,~"--,, F;"'''"-' ~"""r"' '-, -~~'~-,-, ..:"'~""X~~;~ :."~",,,,,,,\-,~ ="Net'rncrease'of''' ~~o~--~-~ >;'T~P~ '" ---'PM-- -"~N ei' increase~ , ' Daily Average Daily PIVI Trips Peak of PM Peak : "L__, , ,mUses"", "&'.""H~~si<!entiaJ IInit~ : ,~]rjps~~,.;",~ ",.;, [I[ips""""" ,Av~rage.R~te;, '" J'rips_", ~,,~ Trip~ ,,",_j Maximum Development Potential As Currently Develo ed Proposed OS/R and Preservation District! R/OS and P FLUP Maximum (compared to current B Development develo ment) Potential City Park3 1.59 trips/acre) 3.59 acres 6 0 0.00 1 = Institute of Transportation Engineer's Trip Generation 7th Edition Land Use 230 2 = This property is only a portion of Parcel I as listed in the Settlement Stipulation 3 = Institute of Transportation Engineer's Trip Generation 7th Edition Land Use 411 0.00 0.00 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 OS/R and Preservation Districts and R/OS and P FLUP categories. Based on the ITE Trip Generation Manual, a parks and recreation use developed at the absolute maximum intensity in the OS/R and Preservation Districts and R/OS and P FLUP categories (3.59 acres) would not change the number of daily trips to Gulf Boulevard. Mass Transit The Citywide LOS for mass transit will not be negatively affected by the proposed future land use map 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. S:\Planning Department\C 0 B\Land Use Amendments\LUZ 2008\LUZ2008-05002 -1551 Gulf Boulevard - City of Clearwater\LUZ2008- 05002 Application.doc Page 6 of9 Water This future land use map amendment reduces the density and intensity permitted on the subject property. The City has adequate water capacity to serve the subject property. Wastewater This future land use map amendment reduces the density and intensity permitted on the subject property. The City has adequate wastewater capacity to serve the subject property. Solid Waste This future land use map amendment reduces the density and intensity permitted on the subject property. The City has adequate solid waste capacity to serve the subject property. Recreation and Open Space The subject property is a parks and recreation use. This future land use map amendment will protect the subject property from being redeveloped as residential uses. 5. The amendment will not adversely affect the natural environment. Habitats In addition to the developed areas, which include tennis courts, playground, walking trail, parking lots, and maintained landscaping, two natural habitat types also occur within the project limits. These natural habitat types are Mangrove Forest and Exotic Forest Wetland and are described below. Mangrove Forest: This habitat type is a dense forested swamp that occurs along low-energy shorelines and in protected tidally influenced bodies of water. This swamp community is usually dominated by red, black, or white mangroves, with openings and transitional areas vegetated salt marsh species. Within the project area, Mangrove Forest occupies 0.59 acres or 10% of the site. This habitat type is located on the east side of the project limits, bordering Clearwater Bay. The Mangrove Forest becomes inundated with saltwater during high tides. The forest is composed of black mangroves and the edges are vegetated with saltwort, glasswort, and salt grass. Several walking paths are located in the Mangrove Forest and are used by fisherman. Exotic Forest Wetland: This habitat type is a wetland dominated by non-native trees and other vegetation that were planted or escaped and invaded native plant communities. Within the project area, Exotic Forest Wetland occupies 0.39 acres or 7% ofthe site. This wetland is a narrow strip of vegetation located between developed areas and the Mangrove Forest. Plant species observed during field reviews include Australian pine and Brazilian pepper. 5:\Planning Department\C 0 B\Land Use Amendments\LUZ 2008\LUZ2008-05002 - 1551 Gulf Boulevard - City of Clearwater\LUZ2008_ 05002 Application.doc Page 7 of 9 Listed Species Based on field observations and agency database reviews, it was determined that a total of nine state and federal listed plants and thirty-two state and federal listed animal species occur or have historically occurred in Pinellas County. Of these species, it has been determined that ten animal species have the potential to occur within the project area. These species are presented in Table A and are discussed below. A white ibis (Eudocimus albus) and brown pelican (Pelecanus occidentalis) were observed during field reviews. ill addition to these two bird species, nine other species have the potential to occur within the project area. Eastern indigo snake (Drymarchon couperi), limpkin (Aramus guarauna), little blue heron (Egretta caerulea), reddish egret (Egretta rufescens), snowy egret (Egretta thula), tricolored heron (Egretta tricolor), bald eagle (Haliaeetus leucocephalus), and roseate spoonbill (Plata lea ajaja) have the potential to nest or forage within the mangrove forest or exotic forest wetland. Impacts After review of the project area, the City of Clearwater does not anticipate any environmental impacts to occur because of changes in land use from Residential Medium to Recreation/Open Space and Preservation. The future land use amendment is not anticipated to affect coastal habitats, water quality, water quantity, or threatened and endangered species. The City of Clearwater does not anticipate any environmental impacts to occur because of rezoning from Business to Open Space/Recreation and Preservation. The rezoning is not anticipated to affect coastal habitats, water quality, water quantity, or threatened and endangered species. S:\Planning Department\C 0 B\Land Use Amendments\LUZ 2008\LUZ2008-05002 - 1551 Gulf Boulevard - City of Clearwater\LUZ2008- 05002 Application.doc Page 80f9 TABLE A 'LISTED SPECIES1pOTENTIALL Y OCCURRING WITHIN THE PROJECT AREA Species State Status2 Federal Status3 Potential to Occur in Project Area4 Reptiles Eastern indigo snake Threatened Threatened I Low Drymarchon couperi Birds Limpkin Special Concern NL Medium Aramus guarauna Little blue heron Special Concern NL High Egrelta caerulea Reddish egret Special Concern NL Medium Egrelta rufescens Snowy egret Special Concern NL High Egrelta thula Tricolored heron Special Concern NL High Egrelta tricolor White ibis Special Concern NL High Eudocimus a/bus Bald eagle Threatened NL Medium Haliaeetus leucocephalus Brown pelican Special Concern NL High Pelecanus occidentalis Roseate spoonbill Special Concern NL High Plata lea ajaja I As reported by the Florida Natural Areas Inventory "Species and Natural Community Summary for Pinellas County." htm:i/www.fnai.org. 2008. 2 Animal species listed by the Florida Fish and Wildlife Conservation Commission pursuant to Rules 39-27.003, 39-27.004, and 39-27.005 F.A.C. 3"As listed by the U.S. Fish and Wildlife Service in 50 CFR 17. NL=Not listed. 4. Ratings are low, medium, and high based on field observations and FNAI elemental occurrences. Ratings based on presence of suitable habitat as follows: Low- Suitable habitat present in project study area but no record of occurrence within one mile of project study area and species not observed on site, Medium - Suitable habitat present in project study area and historical record of occurrences within one mile of project study area, and High - Suitable habitat present in project study area and species observed on site or known to currently exist within one mile of project study area. 6. The amendment will not adversely impact the use of property in the immediate area. The historic uses on the property are permitted uses within the OS/R and Preservation Districts and compatible with the area. There is a restaurant and many high-rise, high-density condominium developments in the vicinity. The uses permitted in the OS/R and Preservation Districts will not adversely or unreasonable affect the use of other property in the area. S:\Planning Department\C 0 B\Land Use Amendments\LUZ 2008\LUZ2008-05002 - 1551 Gulf Boulevard - City of ClearwaterlLUZ2008- 05002 Application.doc Page 9 of9 "e>c;:,.zz' ~ s: ~o \ FC\~ 44'5S"tNG,I'7~' 5370 '31' 3o"v.J. 11~.c..I' FC.\12 Fbn-J) ON LINE, r=- c. \ e. Attachment "A" LEGAL DESCRIPTION OVERALL CITY OF CLEARWATER PARCEL From the Southeast corner of Section 19, Township 29 South, Range 15 East, Pinellas County, Florida for a point of reference; thence N.89004'07"W. along the South boundary of said section 2,293.45 feet to a point on the centerline of Gulf Boulevard (a 50.00 foot half right of way); thence along said line by the following three courses: N.31058'20IlE. 826.95 feet to a point of curve; along the arc of a curve to the left, radius 1,909.86 feet, arc 304.27 feet, chord bearing N.27024'30"E, 303.95 feet, delta angle of 09007'41" to a point of tangency; N.22050'39I1E. 71.06 feet; t~ence leaving said line S.67009'21"E. 50.00 feet to a point on the Easterly right of way of Gulf Boulevard; thence along said right of way S.22050'39I1W. 27.75 feet to the POINT OF BEGINNING; thence S.67009'21"E. 193.63 feet to the face of a concrete seawall; thence along said seawall S.23018'17I1W. 83.19 feet; thence S.67009'21I1E. 157.77 feet to a point on the mean high water line of Clearwater Bay as surveyed on December 12, 1992; thence along said line the following five courses: S.37031'30"W. 119.61 feet; thence S.34044'55"W. 61.79 feet; thence S.32000'29"W. 99.22 feet; thence S.65005155"W. 89.66 feet; thence S.74014'14"W. 91.03 feet; thence S.37059'58I1W. 28.15 feet to a concret1e seawall; thence N.89004'07"W. 233.42 feet to the Easterly right of way of Gulf Boulevard; thence along said right of way N.31058'20"E. 243.62 feet .to a point of curvature; thence along the arc of curve~to the left a radius of 1,959.86' feet, an arc' of 312.23 feet, a delta of 09007'41", a chord of 311.90 feet, bearing N.27024'30"€;. to a point of tangency; thence N.22050'39I1E. 43.31 feet to the POINT OF BEG INNING. . Containing 3.52 acres, more or less. -~ C\.I 0) \ ~ r-- <0 en Point B /' FOR: ~ CUMBEV & FAIR INC. CONSUL TING..CIVIL ENGINEERS ENGINEERING · PLANNING · LAND SURVEYS 2463 ENTERPRISE ROAD .CLEARWATER 797-8982 CLEARWATER, FLORIDA 34623 TAMPA 223-4333 I . t f . t" :. ~ . . .'.1 . I I It..; I NORTH sITe ^ 1"'11 ~ 'fon ',f S'.!i~t inn '''. n-!'Ohil" 2. s~,th. R."\~ 15r F.;t!"t. rintll...s Cnuntv. FJC'ridaf.bel"tJ IIlOre (ully descri~ct ilS r 1.111 Q1W!S ~ n~nCf' At lht" Sout.heast CVl"lM!r of said ~ion 19. thenct" .. .,.04'01- W.. 2J51." reet aJonq the South It~ of said ~ec~t Innt~ .- l'Uint oe, ~Mesterlv rlglli:-or.....y line..of c..u Boulevard UOO' RIV. O.R. IH'. ".ge~ ")-2'5). theonat Al--. ..1. ~t.dy dCJllt.-.f-wq UN .. It.'''20- E.. 15'.04 fed to . cuhe COhCeW Nl)lrtbe......ly h."I.... lra.lt.as caf Its'." feet, t;J.lM!na --tiIltdy .1Q1t9 _ld ~tW"'ri"'I:.""'"", 1S0.19 feet. tM'~ a ~la...l. Of W-"'J2.'~ ~~. It. H-)9'"'' B., 158.65 .,...., te tJ-. ...,...' -=I'-:, _ t..... ~t. l~l.. ,_l,4t..d."t:~"., 7~."' J3~ w.... U.... r." ..-e-., In. ~... fM:Iiillt _,:~........l_ :...t U.. .f tljlll ~lf cat ~::r..:::. pOl..~ ,:~..i..,_r r.f_red to - -..i"~.A. for. .:. .~f~ tile ~1IIt. of ..-.1...... .tohe .101..1. .I):UjMil 1Intedj d",t-of--.y 111M!' of <"..If ...l_rel. -iacJ .. ~ ~~.-llDru..-trrlr had'"J iI ""1_ of llSt.16 feet. ~l.l:~d, ...... ..t. ~ne.... ri~t-of-ver 145.'1 fee~ ~ a ~.1 ...1. of..-2'"09-, <<e. a. .. ~S-.5'1.- _.. 1.5~. r..t), u...ee .. 22-541-)9- E.. ..... feet::" :thetlc. J............. --tedy rl"'~-or-",.y. Uww. II. tol-"'.U. ... 395." fee~. ~ _'.1_ to ~a.e _ .1"" wabtrl ,.. OF t:t.e 01111 ., ~lc."O: t~_ces-t.""'.t.rly alO1MJ .al. .e... hi'" water 11_ .... .Wlldt.... thft'evlt1t w the .fore- ....t;lonecI ..t.t .".. '. . ContainlllCJ 4.5 Acres ~ .... i... ...d ftbject to ea~ts. .restrictiOns. ..... d"t.*-of~ of reoec:4. l.8iiN. ue9CunlOlf SOUTH SITE A poc-tioa of SectiClll 1.9. _:"""''1'Hp 2' Soatll. ItaIIqe lS East.. .i_11a. Count.y. ii"lori_. ..... ~ ftlUy deltCr i..... .as follGlllllSI ~ '1 ce at tile SOattleaet ~ of ..14 Sect.lCl11 1'. theM:'e .. "~-.l. w., 2151..0 f~ e1Gn9 ~ Soeth li.e of said Sec::UOD toa poi.t. CIa tile ..t.rly ri,.t-Of-v.ay .... or c;.u Boal....d ClOO' R/tI. 0... I'M'. ..... Z'J-lt5): t~nce .101M' said WesterlJ' d"'t-of~ lIne .. U-SI' 2e- E.. 551.]1 feel to tile Poi.t of "'1_1..: ~_oe .. n-04'Ol. V. J JIIl.eo feet.. .... 4X' I.... . poi.~ .. tile __ bi9h vat...r I hie .,( the Qal.f of llealco, ..lei ....~ "Niaafter referreel to a!'I Poiat; -a- ,... ~leaca, UI . r.... t._ Po&.t- .or 1Ieqi...i_ .1.... tile .r_ 1Il"'~ d ....~ly rI..t.-ef-ve, 11... or Get( 8DlIl...~ t.be fol1owi.. ___a.... -=--.: a. Jlese'2ft- E.. ]G3.1] f_~ to .. CIIrWe ~_ IIortllWellWl"ly haYl.. a r_iu:c of 185'." (..t.: " u ce "'~17 .1~ .ald C'Ul"VlP end d_l- of~ 1541." f..~ ....... . ...-b1I1 ....Ie c.E M-lS"U-: (c.a. II. D.)'.... E.. 1541.65. f..t): thence ....t...........t I.,...,inq sal. .ri,,~-of"1MF.;' 'N..,'~r ....411... feet ..re or l~~ In u.e ...... WeJIl ..~ 11_ or tile C.lf of ..ico: t~ Sot.th- ves~rlJ' atQlllJ sai. .... .aI", ..tel' Ii.. MId bi_li... lhc!-reviUI to the ~[~ . I Uo.ed J'loi.at. · A.. i Cont.alal", t.1 Acrea ~ oc lees ... s.iect: to ~sa.eAt.. reIlt.rled.~. .... Eipta-of-..y of record. , , . - - ~ I ijJ =- --0-- - _I . .