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LUZ2005-10013 .,,'. ~ " 8 :~ ~ 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 I I APPLICANT, PROPERTY OWNERS, AND AGENT INFORMATION: APPLICANT NAME' a/~/ lit- Cle.cu"LA)a::k.r Pb.~r\ VYl'J ..De. ~f'~ MAILING ADDRESS IOO$:nj(I\..!VI ~ "H e A-rJ eVlLt e) {!j(01'J {' Ldoler / F L 33?~ t.o PHONE NUMBER' 1 d? -5 b ;).Jt s;y 7 FAX NUMBER ?.;z 'J - <;;h;;2 - Lf ? ~ S PROPERTY OWNERS OU)Vl.C/'S of- f'ec-~ 0 t fiL~P-eJeJ p~r:'cd s (List all owners) AGENT NAME' (L~ of:' Ueo,--,rwcJ.er P(CU'l.tll'~S De.par~~ MAILING ADDRESS' 100 ~ AA-yrtte itvevuLelC1ecu"~/ PL a 3'7S:~ PHONE NUMBER /'} J 7 - ~ bd.- - f-/-'5'if7 FAX NUMBER' ? C). 7 -S-b ;;). -'-IS Co z;;- SITE INFORMATION: .11 h.. . LOCATION' 0c:e.. ~ ~ [Clfld us e.. vno-f STREET ADDRESS AT Ill- . LEGAL DESCRIPTION' See ~ Le.9aJ. d e5Cf' I P n(;y--. PARCEL NUMBER Pa..rcel (l~e/' at {'~ oF- 4iPeckJ.. paf'c.:e.h SIZE OF SITE: '? 9'i Q c...r't::S FUTURE LAND USE D A /1 CLASSIFICATION PRESENT If' es rd.~fl~ m~ h /Ylet! lU,,~ tfrq h.. . ZONING CLASSIFICATION PRESENT DeL1 ~,~ l?es(d~OJ PROPOSED TEXT AMENDMENT' /J 1.If REQUESTED' Re~ htohAes Jhcjh 70 UP I sf- :' REQUESTED (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) nowledge. STATE OF FLORIDA, COUNTY OF1!ELLAS Sworn to and subscribed before me this . day of Dt::r GMe€R I ,A,D., ;'00'5 to me by GINA 1iI.. UAYrOt-...J ; who is ~rsonallY known has produced ~ as identification, Signature of property owner or representative , ~ ~-lL...- No public, my ommlSSlon expires _............................._.. JOHN V SCHOOTLER , III Expires 4I2OI2OOt j;I CITY OF CLEARWATER PLANNING DEPARTMENT I MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE A VENUI;:, 2nd FLOOR PHONE (727)-562-4567 FAX (727) 562-4576 INFORMATION REQUIRED FOR APPLICATIONS FOR COMPREHENSIVE PLAN AMENDMENTS ((INCLUDING FUTURE LAND USE MAP AMENDMENT) Please submit 15 copies of the attached Application for Comprehensive Plan Amendment and the following supplemental information: A legal description of the property. If the property is not a platted lot of record, a current boundary survey prepared, signed and sealed by a land surveyor currently registered in the State of Florida. Proof of ownership, including a copy of the deed, title insurance policy, or other instrument demonstrating ownership. Names of all persons or corporations having a contractual interest in the property. An assessment of the impacts of the proposed change on the adequacy of public facilities, the environment, community character and the fiscal condition of the City Information that demonstrates that the proposed amendment complies with the following standards: I 1. The proposed amendment furthers implementation of the Comprehensive Plan consistent with the goals, policies and objectives of the Plan. 2. The amendment is not inconsistent with other provisions of the Comprehensive Plan. 3. The available uses to which the property may be put are appropriate to the property in question and compatible with existing and planned uses in the area. 4. Sufficient public facilities are available to serve the property. 5. The amendment will not adversely affect the natural environment. 6. The amendment will not adversely impact the use of property in the immediate firea. Attendance at Public Hearinas The applicant or applicant's representative should be present at both the Community Development Board and City Commission public hearings. R . T STREET I " - \ I ~w~ ~ I\. \, '- ACACIA \\ SOMERSET .--- .--- t--l w ::J f--- f- Z ~ J----- f-- <( CAMBRIA STREET f--- - f--- I J~FH I ! f--- IDLEWILD STREET R~H I r- ~ ~ GLENDALE ST GULF ROYAL c-- ,...-- OF m n MEXICO -f-- HEILWOOD ST - I- ~ AVA R/OS R/~.S I-- I Lf- n- et: Q JUANITA KENDALL ST - ,-'!iEL- n I ~IfH uJuJ " ::> ::> z i:i~ I--- I : @ I' I t I I W ::J Z ~ <( 7 I : I tJl ,I 1 ~ < \ \:\ " rn , (f) "0 ~ Ej, rn I < ~ WAY ~ no~_:~~ ~ ] -~~ w - ~ ~ ~'H' Ej ~ Kr'1 rn o - <l. I \ i..--JJAAlTA WA' l ':<" \ ~~ INS ~ ~\ _ i \ \ \ \ \ Future Land Use Plan Map I. Atlas Page: 258A Case: : LUZ2005-10013 , Residentially Zoned Area of the Old Property Size ; Site: Florida District (acres) " 7.94 I Land Use Zoning I i. I I From: Number of I 43 RH MHDR Parcels I i To: RFH T I .~ Legal Description Begin at NW comer of Lot 2, Block 1, of Clearwater Beach Subdivision, as recorded in plat book 11, page 5, of the public records of Pin ell as County Florida; thence South along the East line of Beach Drive, to the SW comer ofthe North 12 of Lot 2, Block 6; thence East along the South line of the North 12 of said Lot 2 and its Easterly extension, to the NE comer of Lot 13, said Block 6; thence South to the centerline of Avalon Street; thence West along the centerline of Avalon Street to the Northerly extension of the West line of Lot 5, Block 7; thence South to the SW comer of said Lot 5; thence East to the SE comer of Lot 7, said Block 7; thence North to the intersection of the Northerly extension of the West line of Lot 8, Block 2 of said Clearwater Beach Subdivision and the centerline of Somerset Street; thence East along said centerline to the centerline of Mandalay Avenue; thence South along said centerline to the centerline of Somerset Street; thence East along said centerline to the Southerly extension of the East line of Block 76 Mandalay Subdivision Unit 5 Replat, Plat Book 20 Page 48 of said public records; thence North to the NE comer of said Block 76; thence East to the Point of Beginning. ~ ~o CITY OF CLEARWATER APPLICATION FOR ZONING ATLAS 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 (hit ~f- (!j~af'1CValer ffaitl/U~ ])~"Ivne.-;j- MAILING ADDRESS' )()O 5~C;rlle fivp-All.11.e,(!Joa."/~ F"L 3375(, I ) PHONE NUMBER 1;;'1- ':)C::,:;;.. --15 &'7 FAXNUMBER 1a7 -5' 'J-. -~/36!: PROPERTY OWNERS D-oVle.f'S of fec.orJ. of a...+~ po...0cels (List all owners) AG~NT NAME (!~ t~ of:: (!{eo..f'WaJ-e..r PIClnVl.I ~ Depo.rr:f-rn~ MAILING ADDRESS' I on 5o~(J (1Hp ftvevL-U. e )(t/~.f"waJerl PL 3 37S- ~ PHONE NUMBER 1;;, 7 - 5" b ~ -'I ~-F? FAX NUMBER 1 87- 56;). - '-I g to S SITE INFOR~TION: 1 I 1 _ J LOCATION' ~e.e.- a..er-a....CfJ\ e...t::( 20V\.l'0!; vn a-p STREET ADDRESS AJ / A LEGAL DESCRIPTION: See cJta.~e.d le9cJ deSc:-r I phav. PARCELNUMBER r~ vw--mlDe( of ~cl.. o~ Oz.-e-~ f~S EXISTING ZONING fYl ~ i t1 W\- 2 fu tJe.tS r ~ Res ld e-,J-,;,j C fi't tf-D R- ) PROPOSED ZONING _ U r l s t- _ _ T) LAND USE PLAN 0 :-I- ('-- 'f' l' ' /R P ) CLASSIFICATION _neso-r' ra.ct I h es mct L (j J-l SIZE OF SITE 1.11 Ck-c('es REASON FOR REQUEST' 10 ell m l/1.aJ-e e,tLsh ~ 2.(J VlI vtq ~ kf'lJ I.lS e cL s'C/"epan cit?~ 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 PINEL.!:-f.S Sworn to and subscribed before me this ~ day of t):t"~~ ' A.D" ;4~~o me and/or by Gl tJ A L. C-.lA.Yr,..,J . who is personally kno~ has produced tJjt1 as identification, ,........joHN.v..scHoDTLEfi........1 ~,\~~"',I"" Comm# 000413851 i : !~ \ Expires 4/2012009 ! ! \~A f Bonded thru (800)432--4254: : ~',~~OF~\\\,'''' r' ......'r11 N h : ............'III!. 111 ~ "II" Il'Y'DII .............. Page 1 of 2 -, (P CITY OF CLEARWATER PLANNING DEPARTMENT MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE A VENUE, 2nd FLOOR - PHONE (727)-562-4567 FAX (727) 562-4576 SUPPLEMENTAL INFORMATION REQUIRED FOR APPLICATIONS FOR ZONING ATLAS AMENDMENTS Please submit 15 copies of the attached Application for Zoning Atlas Amendment and the following supplemental information: A legal description of the property. If the property is not a platted lot of record, a current boundary survey prepared, signed and sealed by a land surveyor currently registered in the State of Florida. Proof of ownership, including a copy of the deed, title insurance policy, or other instrument demonstrating ownership (Only 1 copy is required). Names of all persons or corporations having a contractual interest in the property. A copy of any existing deed restrictions to which the City is a part relating to the property. Any request for a rezoning which is inconsistent with the Future Land Use designation in the Comprehensive Plan must be accompanied by an application for a Future Land Use Plan Amendment. Attendance at Public Hearinas The applicant or applicant's representative should be present at both the Community Development Board and City Commission public hearings. Standard for Review All approvals of zoning atlas amendments must comply with the following standards: 1. The proposed amendment is consistent with and furthers the goals, policies and objectives of the Comprehensive Plan and furthers the purposes of the Community Development Code and other City ordinances and actions designed to implement the Plan. 2. The available uses to which the property may be put are appropriate to the property that is subject to the proposed amendment and compatible with existing and planned uses in the area. 3. The amendment does not conflict with the needs and character of the neighborhood and the City. 4. The amendment will not adversely or unreasonable affect the use of other property in the area. 5. Tl:1e amendment will not adversely burden public facilities, including the traffic-carrying capacities of streets, in an unreasonably or disproportionate manner. 6. The district boundaries are appropriately drawn with due regard to locations and classifications of streets, ownership lines, existing improvements and the natural environment. Page 2 of 2 !. "... =- ,-t:r 1 WW f @ I--- " ::> ::>z ~ ~ iE~ I--- n L~ I r..... l-n, ACACIA J1l'"LL'ft STREET "- - 1\ /1 1 - <Xl ~ SOMERSET -~ \Q ~ w f-- ::> e-- z ~ - f--- rn <( CIl - "U CAMBRIA STREET ~ f-- w E5 - f--- ::> rn z I_ I I--- ~ T <( \--- IDLEWILD STREET ~ I r- -I ~ T I ~ I GLENDALE ST - GULF ROYAL WAY ~~ OF m l MEXICO J.-- - HEILWOOD ST I--- - '\ I_'^'_ - '\ - rn t>S/R (1 CIl AVA 4 ~ "U <( -i I L ~ ~ - - w f---' CIl - E5 UJ rn ~ z T 0 - oc 0.. 0 L--- JUANITA - KENDALL ST WAY - "UAt\l1A L- ~ w" - - \ \ I z f--- C - I n rn \..-- I \ \ Zoning Map Atlas Page: 258A Case: L UZ2005-1 0013 Site: Residentially Zoned Area of the Old Property Size 7.94 Florida District (acres) Land Use Zoning From: Number of 43 RH MHDR Parcels To: RFO T I t, ,~ Legal Description Begin at NW comer of Lot 2, Block 1, of Clearwater Beach Subdivision, as recorded in plat book 11, page 5, of the public records of Pin ell as County Florida; thence South along the East line of Beach Drive, to the SW comer of the North Y2 of Lot 2, Block 6; thence East along the South line of the North Y2 of said Lot 2 and its Easterly extension, to the NE comer of Lot 13, said Block 6; thence South to the centerline of Avalon Street; thence West along the centerline of Avalon Street to the Northerly extension of the West line of Lot 5, Block 7; thence South to the SW comer of said Lot 5; thence East to the SE comer of Lot 7, said Block 7; thence North to the intersection of the Northerly extension of the West line of Lot 8, Block 2 of said Clearwater Beach Subdivision and the centerline of Somerset Street; thence East along said centerline to the centerline of Mandalay Avenue; thence South along said centerline to the centerline of Somerset Street; thence East along said centerline to the Southerly extension of the East line of Block 76 Mandalay Subdivision Unit 5 Replat, Plat Book 20 Page 48 of said public records; thence North to the NE comer of said Block 76; thence East to the Point of Beginning. ~-~ .._---~--.._----- ~------ 249A . . ~--~--~~------t-- .,u "-~-JUr.""'712 JI.::!. __ ,....-..., ~'~ < ~ r;s~ -, . L.;;_-, ,.. ,....-..., L...l:Uf!... -l ----1-- --.-----I----~~=- ---------tl- I --~-------..- "lll't'"----- __ __..J 1,....- :L...Uf7...!.. I , I ~ .. CD ~ Clearwater u~ PREPARED BY PUBLIC WORKS ADMINISTRATION ENGINEERING I GIS 100 S Myrtlo Avo. Clearwater. FL 33756 Ph (727)562-4750 Fa. (727)526-4755 www MyCloarwator com -- Aa;~dIfII.ll.rmiIIIIctbybClydOlll"""" =:::::=;,;;J.~~",::.d ~_caIIllMtltrll.purJ1Oftr:l~.gtJI/IhIo =:""':::':'=:-':':=:WE ~,~....NliRbIly ortufaflRydll8cidirltr.,. __~~ ~ ".cqdClalIlll'llflrPWAlE "".no.r.tlRy~~.thI!.lIIIormr.un d__ N W~E . Feet 200 400 '" g: CD Legend ... . CTTY OWNED"'OPERTY 1234 ADDRESS Outside Clearwater City limits ,...- -. L-12~ .....J SUBNUreER(--RsfwtoPlat) o BLOCK NUMBER o sue PARCEl. NUMIlER <::) PARCELHWBER(.....) "--, lAND HOOK (COMMON ClY\1ERSHIP) ___ PlATTED SlEDMSlON 8OlJNDAR'( ____ LOT OINNERSHIP lINE ORIGINAL PlATTED lOT LINE HOUSE ATLAS Mar 30 2006 SW 1/4 of 5-29.15 ~ CD 258A \.... '-. ", .. ~. Jarzen, Sharen From: Sent: To: Cc: Subject: Clayton, Gina Friday, February 17, 20064:35 PM Jarzen, Sharen Brown, Steven FW, Beach by Design Amendments This IS the revised LUZ ordinance for Old Florida -----Onglnal Message----- From: Dougall-Sides, Leslie Sent: Fnday, February 17, 20064:34 PM To: Clayton, Gina Subject: RE: Beach by Design Amendments Does this look 0 k , then? ~ ~~~~ ~. " ::;. 7547-06,doc -----Onglnal Message----- From: Clayton, Gina Sent: Fnday, February 17, 20064:27 PM To: Dougall-Sides, Leslie Subject: RE: Beach by Design Amendments We submit to the state once ItS approved, ItS a small scale amendment -----Onglnal Message----- From: Dougall-Sides, Leslie Sent: Fnday, February 17, 20064:25 PM To: Clayton, Gina Subject: RE: Beach by Design Amendments Should I eliminate the entIre Section 3" or IS the ordinance still subject to State review? -----Onglnal Message----- From: Clayton, Gina Sent: Fnday, February 17, 2006 10:05 AM To: Dougall-Sides, Leslie Cc: Brown, Steven; Jarzen, Sharen Subject: RE: Beach by Design Amendments <<File Ord #7547-06, Land Use,doc>> -----Onglnal Message----- From: Dougall-Sides, Leslie Sent: Fnday, February 17, 20069:11 AM To: Clayton, Gina Subject: RE: Beach by Design Amendments Ok, do you have the Ordinance No. for that Ordinance handy? -----Onglnal Message----- From: Clayton, Gina Sent: Thursday, February 16, 2006 5:06 PM To: Brown, Steven; Jarzen, Sharen Cc: Dougall-Sides, Leslie SUbject: FW: Beach by Design Amendments Importance: High 1 FYI - see below, I have sent Dave Healey at the PPC the BBD amendments He will get those on the March 15th PPC agenda, Also, we discussed that the land use plan amendment for Old Florida does not need to be reviewed since the Countywide Map designation of Community Redevelopment District will not change Leslie - I believe this will necessitate a change In the languag~ in Section 3 of the land use plan amendment ordinance because It states that the adoption of the plan amendment IS subject to approval of the land use designation by the Plnellas County BCC Can you make that change for the March 2nd Council meeting? Thanks Steven and Sharen - If you have any questions, please let me know -----Onglnal Message----- From: Clayton, Gina Sent: Thursday, February 16, 20065:00 PM To: 'dhealey@plnellascounty.org' Cc: Delk, Michael Subject: Beach by Design Amendments Dave, Thanks for meeting with Michael and I today to discuss amendments proposed to Beach by Design Attached is the ordinance making amendments to the Old Florida District provISions, as well as clarifications for the use of TDR on Clearwater Beach and the Increase in hotel density from 40 to 50 Units per acre The CDB will review the ordinance on Feb, 21st and City Council will have 1st reading on March 2nd and final reading on March 16th, I would appreciate It if you would review these speCial area plan amendments and determine whether they require a full review or If the amendments can be considered for receipt and file, I very much appreciate your offer to review these amendments at the March 15th PPC meeting! I also want to confirm that the City will not submit the future land use plan amendment for the Old Florida District for your review since the changes only impact the City's Future Land Use Plan map and not the Countywide Map. Additionally I would like to confirm our agreement with you to add the City's Future Land Use Plan Map for Clearwater Beach to Beach by Design ThiS will require an amendment to be made to plan and we hope to determine the timeframe for this amendment within the next month or soon We will discuss with you once we know if other Beach by Design changes will be forthcoming Thanks again for your time and Input and for expediting the review of the attached ordinance, If I can be of any assistance in the work you are doing on the hotel density issue, please don't hesitate to contact me, << File 2-09-06 Final BBD Ord. #7546-06 to CDB doc >> Gma L. Clayton Assistant Planning Director City of Clearwater gina.c1ayton@myclearwater.com 727-562-4587 2 ORDINANCE NO. 7547-06 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY GENERALLY LOCATED ON CLEARWATER BEACH BETWEEN MANDALAY AVENUE AND THE GULF OF MEXICO BETWEEN KENDALL AND THE NORTH SIDE OF SOMERSET STREET EAST OF MANDALAY AVENUE IN THE OLD FLORIDA DISTRICT AS DESIGNATED BY BEACH BY DESIGN, THE SPECIAL AREA PLAN GOVERNING CLEARWATER BEACH FROM RESIDENTIAL HIGH TO RESORT FACILITIES HIGH; PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property as follows: Property See attached Exhibit A legal description (LUZ2005-10013) Land Use CateQorv From: Residential High To: Resort Facilities High Future Land Use Plan Map See attached Exhibit B Section 2. The City Council does hereby certify that this ordinance is consistent with the City's comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, subject to a determination by, the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to 9 163.3189, Florida Statutes. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Clearwater City Commission Agenda Cover Memorandum \. _,f\ session Item #: Final Agenda Item # Meeting Date: 03-02-06 SUBJECT/RECOMMENDATION: APPROVE the Future Land Use Plan Amendment from the Residential High (RR) Category to the Resort Facilities High (RFH) Category and Zoning Atlas Amendment from the Medium High Density Residential (MHDR) District to the Tourist (T) District in the Old Florida District as defined in Beach by Design: A Prelzmmary Design for Clearwater Beach and Design Guidelines and PASS Ordinance #7547-06 and #7548-06 to amend the Future Land Use Plan Map and Zoning Atlas on first reading. (LUZ2005-10013) [8J and that the appropriate officials be authorized to execute same, SUMMARY: The subject site is comprised of 43 parcels of land totaling 7.94 acres in area located on Clearwater Beach generally between Mandalay Avenue and the Gulf of Mexico between Kendall Street and the north side of Somerset Street. The applicant is requesting to amend the Future Land Use Plan Map designation of this site from the Residential High (RR) Category to the Resort Facilities High (RFH) Category and Zoning Atlas Amendment from the Medium High Density Residential (MHDR) District to the Tourist (T) District that will allow attached dwellings, overnight accommodations and limited commercial uses in this area. The Planning Department determined that the proposed future land use plan amendment and rezoning applications are consistent with the following standards specified in the Community Development Code: . The proposed land use plan amendment and rezoning application are consistent with the Comprehensive Plan. . The proposed use is compatible with the surrounding area. . Sufficient public facilities are available to serve the property. . The applications will not have an adverse impact on the natural environment. Please refer to the attached land use plan amendment and rezoning (LUZ2005-10013) report for the complete staff analysis. In accordance with the Countywide Plan Rules, the land use plan amendment is subject to the approval of the Pine lIas Planning Council and the Board of County Commissioners acting as the CountYWIde Planning Authonty. ReVIew and approval by the Florida Department of Community Affairs is not required. The Community Development Board reviewed these applications at its public hearing on December 20, 2005 and unanimously recommended approval of the application. 1~3o Reviewed by: Originating Dept.: Costs Legal Info Srvc N/A PLANNING DEPARTMENT Total (Sharen Jarzen) Budget N/A Public Works N/A User Dept.: Funding Source: PurchaSing N/A DCM/ACM Planning Current FY CI Risk Mgmt N/A Other Attachments: Ordinance Nos, OP 7469-05 & 7470-05 STAFF REPORTS Other Submitted by: o None Appropriation Code: City Manager .,. "'., Printed on recycled paper CDB Date: Case Number: Owner/Applicant: Representative: Address: Agenda Item: December 20, 2005 LUZ2005-10013 City of Clearwater Planning Department Old Florida DIstrict D-3 To?fC- CITY OF CLEARWATER PLANNING DEPARTMENT ST AFF REPORT BACKGROUND INFORMATION REQUEST: (a) Future Land Use Plan amendment from the Residential High (RR) Classification to the Resort Facilities High (RFH) Classification; and (b) Rezoning from the Medium High Density Residential (MHDR) District to the Tourist (T) District. SITE INFORMATION PROPERTY SIZE: 7.94 acres PROPERTY USE: Current Use: Proposed Use: Single Family Residential, Multi-Family Residential & Overnight Accommodations Multi-Family Residential & Overnight Accommodations PLAN CATEGORY: Current Category: Proposed Category: Residential High (RR) Classification Resort Facilities High (RFH) Classification ZONING DISTRICT: Current District: Proposed District: Medium High Density Residential (MHDR) District Tourist (T) District EXISTING SURROUNDING USES: North: Single Family Residential South: Residential, Retail & Overnight Accommodations East: Residential, Retail & Overnight Accommodations West: Gulf of Mexico ReVIsed Staff Report - CIty Councll- March 2,2006 - Case LUZ2005-090I2 Page 1 ANALYSIS: The Planning Department undertook a study of the Old Florida District on Clearwater Beach to clarify the vision of the District and to eliminate any discrepancies between Beach by Design, the special area plan governing Clearwater Beach and the underlying land use and zoning. As a result of the ideas generated by four public meetings, as well as policy direction provided by City Council on August 29, 2005, the Planning Department has developed amendments to Beach by Design. Currently the Plan specifies that the "preferred form of development" include townhomes and single-family dwellings mid-rise in height. The proposed amendments specify that new development be in the form of attached dwellings and overnight accommodations throughout the / Distnct, as well as commercial uses along Mandalay Avenue. Additionally, the amendments V provide for a maximum building height of 65 feet in areas located 60 feet south of Somerset Street. At present, the Old Florida District has future land use plan (FLUP) designations of Resort Facilities High and High Density Residential and zoning categories of Tourist and Medium High Density Residential. In order to implement the proposed revisions to Beach by Design, it is necessary to amend the residentially designated area of the District (see Future Land Use Plan Map). This Future Land Use Plan (FLUP) amendment and rezoning application involves 43 parcels of land, approximately 7.94 acres in area generally located on Clearwater Beach between Mandalay A venue and the Gulf of Mexico between Kendall Street and the north side of Somerset Street. A mix of single-family residential, multi-family residential and overnight accommodation uses currently occupies the area. The site has a FLUP designation of Residential High (RR) and is zoned as a Medium High Density Residential (MHDR) District. These designations allow residential uses up to 30 units per acre and up to 50 feet in height. In order to allow the ~ additional use of overnight accommodations and development up to 65 feet in height, as proposed in the, amendments to Beach by Design, the Planning Department is requesting to amend the FLUP designation of the site to the Resort Facilities High (RFH) classification and to rezone it to the Tourist District. The Planning Department is also requesting that Beach by Design be amended to increase the allowable density of overnight accommodations from 40 units per acre to 50 units per acre. (See companion amendment to Beach by Design special area plan. In accordance with the Countywide Plan Rules, the land use plan amendment is subject to approval by the Pinellas Planning Council and Board of County Commissioners acting as the Countywide'Planning Authority. I. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN [Section 4-603.F.l] 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: Revised Staff Report - City Councll- March 2, 2006 - Case LUZ2005-1 00 13 Page 2 2.1.2 Policy - Renewal of the beach tourist district shall be encouraged through the establishment of distinct districts within Clearwater Beach, the establishment of a limited density pool of additional hotel rooms to be used in specified geographic areas of Clearwater Beach, enhancement of public rights-of-way, the vacation of public rights-of- way when appropriate, transportation improvements, inter-beach and intra-beach transit, transfer of development rights and the use of design guidelines, pursuant to Beach by Design: A Preliminary Design for Clearwater Beach and Design GUldelines. 2.2 Objective - The City of Clearwater shall continue to support innovative planned development and mixed land use development techniques in order to promote infill development that is consistent and compatible with the surrounding environment. 2.2.1 Policy - On a continuing basis, the Community Development Code and the site plan approval process shall be utilized in promoting infill development and/or planned developments that are compatible. 3.0 Goal - A sufficient variety and amount of future land use categories shall be provided to accommodate public demand and promote infill development. 5.1.1 Policy - No new development or redevelopment will be permitted which causes the level of City services (traffic circulation, recreation and open space, water, sewage treatment, garbage collection, and drainage) to fall below minimum acceptable levels. However, development orders may be phased or otherwise modified consistent with provisions of the concurrency management system to allow services to be upgraded concurrently WIth the impacts of development. , Recommended Conclusions of Law: The proposed plan amendment is 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 Resort Facilities High (RFH) category, as specified in Section 2.3.3.4.6 of the Countywide Rules, is to designate areas in the County that are now developed, or appropriate to be developed, in high density residential and resort, tourist facility use; and to recognize such areas as well-suited for the combination of residential and transient accommodation use consistent with their location, surrounding uses, transportation facilities and natural resource characteristics of such areas. The Resort Facilities High (RFH) category is generally appropriate to locations where unique recreational assets warrant the combination of permanent and temporary accommodations in close proximity to and served by the arterial and major thoroughfare network, as well as by mass transit. New development at this density will be discouraged in coastal high hazard areas and evacuation level "A" areas. ReVIsed Staff Report - CIty Council- March 2, 2006 - Case LUZ2005-1 00 13 Page 3 This area of Old Florida is located along the Gulf of Mexico and is accessed by Mandalay A venue, which is the major north-south arterial on North Clearwater Beach. The area is also served by mass transit by the Pinellas Suncoast Transit Authority. Additionally, this area is currently developed with a variety of residential and overnight accommodation uses and is adjacent to RFH designated land to the immediate east and south. Based on historical development patterns and current uses, this area has functioned as a tourist area. The current underlying future land use plan designation of Residential High allows residential development at 30 units per acre, which is consistent with the density allowed by the RFH land use category, The RFH designation would also allow overnight accommodation uses at a density of 40 units per acre. It should be noted however, that the emerging pattern of redevelopment has been residential in character throughout the entire Old Florida District. It should also be noted that the Planning Department, in a companion agenda item amending Beach by Design, is requesting to increase the allowable density of overnight accommodations from 40 units per acre to 50 units per acre. The Pinellas Planning Council (PPC) and Countywide Planning Authority (CPA) have policies that specifically address Countywide Future Land Use Plan amendments in the Coastal High Hazard Area (CHHA). The policy specifies that such amendments should generally be denied. However, approval may be granted upon a balancing of the following criteria, as determined applicable and significant to the amendment. A. Distinction between direct storm damage and damage to evacuation routes. The subject site is susceptible to storm damage due to the site's location on both the Intracoastal Waterway and the Gulf of Mexico in an AE flood zone, with the very western edge being located in a VE flood zone. The evacuation route is in close proximity to the Memorial Causeway Bridge via Mandalay Avenue. This evacuation route is adequate to serve the existing and proposed land use category. B. Access to Emergency Shelter Space and Evacuation Routes. Currently there is a shortage of emergency shelters countywide. However, as there is no change in the allowable residential density between the current zoning and future land use and the proposed zoning and future . land use, there should be no increase in the residential density. Emergency shelter planning provides for a percentage of residents that will utilize family, friend or hotel accommodations during evacuation situations and not emergency shelter space. As there is no increase in the allowable residential density, it will not have a negative impact on shelter space or evacuation routes. C. Utilization of Existing and Planning Infrastructure. This criterion is not applicable since the use of the site for the proposed residential purposes will not require the expenditure of public funds for the construction of new, unplanned infrastructure. D. Utilization of Existing Disturbed Areas. This criterion is not applicable since the site is currently developed and not a natural area. ReVIsed Staff Report - CIty Councll- March 2, 2006 - Case LUZ2005-1 00 13 Page 4 E, Maintenance of Scemc Qualities and Improvement of Public Access to Water. The subject site currently provides public access to the Gulf of Mexico at the end of the east- west streets that terminate at the Gulf. This will not change if the proposed amendment is adopted. F. Water Dependent Use. The site is currently occupied by residential and tourist areas, and not a water dependent use. G. Integral Part of Comprehensive Planning Process. The requested amendment has been initiated by the City of Clearwater as an integral part of its comprehensive planning process consistent with the City of Clearwater Comprehensive Plan. H. Part of Community Redevelopment Plan. The subj ect site is part of the Clearwater Beach Community Redevelopment District (CRD). The special area plan known as Beach by Design governs development in this area. The proposed land use plan amendment will implement revisions being processed concurrently to Beach by Design to allow overnight accommodations in this part of the CRD. 1. Overall Reduction of Density or Intensitv. The proposed amendment to the Resort Facilities High (RFH) category would allow a maximum permitted residential density of 30 dwelling units per acre, which is the same density as permitted by the current Residential High (RR) category. The proposed RFH category would also allow overnight accommodations at 40 units per acre; however, it should be noted that a companion agenda item includes an amendment to Beach by Design, which would increase this density to 50 units per acre. While the RFH category also allows commercial uses, the companion amendment to Beach by Design will preclude them from locating in this area. The allowable residential density under the existing and proposed land use categories could result in a maximum of 238 dwelling units if the entire 7.94 acres is developed with residential uses. Based on redevelopment trends occurring in this area of Clearwater Beach, as well as throughout Pinellas County, it is likely that the pattern of residential redevelopment will continue. Even if a portion of this area is redeveloped with overnight accommodations, no net increase in density in the Coastal High Hazard Area will occur because the Countywide Rules consider 50 hotel units per acre equivalent to 30 residential units per acre. 1. Clustering of Uses. The entire site is located within the Coastal High Hazard Area, therefore clustering uses of a portion of the site outSIde the CHHA is not possible. Recommended Conclusions of Law: The proposed plan amendment is consistent with the purpose and locational characteristics of the Countywide Plan. ReVIsed Staff Report - City Councll- March 2, 2006 - Case LUZ2005-1 00 13 Page 5 III. COMPATIBILITY WITH SURROUNDING PROPERTY/CHARACTER OF THE CITY & NEIGHBORHOOD [Sections 4-602.F.2 & 4-603.F.3] Recommended Findings of Fact: A variety of uses characterize the area to the east and south of the site. They include a mix of retail, residential and overnight accommodations. The area to the north is occupied by single family residences, while the area to the west is the Gulf of Mexico. The proposed Future Land Use Plan (FLUP) designation and rezoning are in character with the overall FLUP designation in the area and are compatible with the surrounding uses. The proposed Resort Facilities High (RFH) classification is consistent with the proposed use of the area for multi-family dwelling units and overnight accOlpmodations. Through a concurrent amendment to Beach by Design: A Preliminary Deslgn for Clearwater Beach and Design GUldelines (BBD), no retail or commercial will be allowed in the area proposed to be rezoned. The change in the zoning from Medium High Density Residential (MHDR) to Tourist (T) IS more compatible with the proposed height of certain portions ofthe district being permitted to 65 feet. Recommended Conclusions of Law: The proposed plan and zoning atlas amendments are compatible with surrounding properties and the character of the City and neighborhood. IV. SUFFICIENCY OF PUBLIC FACILITIES Recommended Findings of Fact: As stated earlier, the overall subject site is approximately 7.94 acres in area and is presently occupied by single family and multi-family residential, as well as overnight accommodations. The applicant is requesting to amend the FLUP designation of the site to the Resort Facilities High (RFH) and to rezone it to the TourIst (T) DIstrict. The current FLUP Residential High (RR) category permits a primary use of only residential. However, the Resort Facilities High (RFH) category permits the development of both residential and transient accommodations, as well as tourist facilities and offices. Roadways The accepted methodology for reviewing the transportation impacts of proposed plan amendments is based on the Pinellas Planning Council's (PPC's) traffic generation guidelines. The PPC's traffic generation rates have been calculated for the subject site based on the existing and proposed FLUP categories and are included in the next table that examines the maximum potential traffic of the future land use plan amendment from the Residential High (RR) to the Resort Facilities High (RFH) classification. Based on the 2005 Pinellas County Metropolitan Planning Organization (MPO) Level of Service Report, the segment of Mandalay Avenue in the Level of Service (LOS) Report that is most affected by traffic in the Old Florida District is the one that runs from Royal Way south to Pier 60 that has a LOS of C. ReVised Staff Report - City Councll- March 2, 2006 - Case LUZ2005-1 00 13 Page 6 MaXimum DaIl Added PotentIal Tn S Maximum PM Peak Hour Added PotentIal Tn S3 V olume of Mandalay Avenue from El Dorado CIrcle to Pier 60 13,939 15,392 16,400 1,008 LOS of Mandalay Avenue from Royal Way to Pier ~ C C C C N/A = Not A hcable LOS = Level ofSefVIce I = Based on PPC calculatIOns oftn s er acre er da for the Residential Suburban Future Land Use Cate or , 2 = Based on PPC calculatIOns oftn s er acre er da for the ResIdential Low MedIUm Future Land Use Cate or 3 = Based on MPO K-factor of 0 095 Source "The Count wide Plan Rules", as amended throu h Au ust 8, 2005 b the Pmellas Plannm Council Traffic from the subject site will be distributed to Mandalay Avenue. The site is currently accessed from the north and south along the beach corridor via that roadway. The proposed FLUP category of Resort Facilities High (RFH) could generate an increase in PM peak hour traffic on this segment of Mandalay Avenue by a total of 96 trips. Based on the volume/capacity ratio that takes into account the signalizatIOn and number of lanes, it will not result in the degradation of the existing LOS to the surrounding road network according to the City of Clearwater Engineering Department. Additionally, the concurrent Beach by Design amendment will preclude commercial or office uses from developing in this area. Specific uses that are permitted in the current and proposed zoning districts have also been analyzed for the level of vehicle trips that could be generated based on the Institute of Transportation Engineer's Trip GeneratlOn report. Please note that detached dwellings will not be permitted in the proposed zoning and future land use plan, but overnight accommodations will be. Below is this comparison in the change of land use that will be permitted. High-Rise ReSidentIal COndOmInIum/Townhouse Pro High-Rise ReSidentIal Condomimum/Townhouse Hotel N/A 996 o 91 o 3,243 2,247 242 151 The City of Clearwater Engineering Department has concluded that the transportation impacts associated with this land use plan amendment will not result in the degradation of the existing ReVised Staff Report - City Council- March 2, 2006 - Case LUZ2005-1 00 13 Page 7 LOS to the surrounding road network. The LOS in that section of Mandalay A venue will not be degraded if the site is used for overnight accommodations. Mass Transit The Citywide LOS for mass transit will not be affected by the proposed plan amendment. The total miles of fixed route service will not change; the subject site is located along an existing transit route named the Suncoast Beach Trolley with service along Mandalay Avenue from approximately 6:30 AM to 9:20 PM and virtually all headways are less than or equal to one hour. Service is provided by the Pinellas Suncoast Transit Authority (PST A) and the Trolley connects at various points to five different bus routes along the beach area, as well as has access to the Park Street Terminal in downtown Clearwater. Water The current and proposed FLUP categories could use up to 59,550 gallons per day. The proposed land use will not negatively affect the City's current LOS for water. Wastewater The current and proposed FLUP categories could produce up to 47,640 gallons per day. The proposed land use amendment will not negatively affect the City's current LOS for wastewater. Solid Waste , The current and proposed FLUP categories would result in the production of 604 tons of solid waste per year. The proposed land use and plan amendment will not negatively affect the City's current LOS for solid waste disposal. Recreation and Open Space The proposed future land use plan and zoning designations could permit the development of up to 238 units. However, payment of an Open Space, Recreation Land and Recreation Facility impact fee will not be required at this time; impact fees will be required as the sites are redeveloped with new uses that result in an increase in units. The amount and timing of this fee is dependent on the number of developed units and will be addressed and paid during the site plan reVIeW process. Recommended Conclusions of Law: It has been determined that the traffic generated by this plan amendment will not result in the degradation of the existing LOS to the surrounding road network. It has also been determined that the amendment and rezoning will not negatively affect the City's current level of service for mass transit, water, wastewater, solid waste, or recreation and open space. Based on the findings above, the proposed FLUP and rezoning does not require nor affect the provision of public services in a negative manner. ReVIsed Staff Report - CIty Councll- March 2, 2006 - Case LUZ2005-1 00 13 Page 8 V. IMPACT ON NATURAL ENVIRONMENT [Section 4-603.F.5.] Recommended Findings of Fact: As properties are redeveloped, site plan approval will be required. At that time, the stormwater management system will be required to meet all City and Southwest Florida Water Management District (SWFWMD) stormwater management criteria. Recommended Conclusions of Law: Water quantity and quality will be controlled in compliance with the Clearwater Comprehensive Plan. The entire area is located in either Flood Zone of AE or VE, but is entirely developed. Consequently, as the area is redeveloped, the natural environment will not be affected adversely. VI. LOCATION OF DISTRICT BOUNDARIES [Section 4-602 .F.6.] Recommended Findings of Fact: The location of the proposed Tourist (T) District boundaries are logical based on the historical use of this property and the majority of the remainder of the Old Florida District which is zoned as T. This rezoning will consolidate this site into the appropriate zoning district. It will blend into the existing zoning and uses of the Old Florida District. Recommended Conclusions of Law: The district boundaries are appropriately drawn in regard to location and classifications of streets and ownership lines. VII. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT CODE AND CITY REGULATIONS [Sections 2-701.1 & 4-602.F.1. and .2.] Recommended Findings of Fact: The existing future land use plan category and zoning district permits 30 dwelling units per acre. The proposed Resort Facilities High (RFO) land use category and Tourist (T) district also permits 30 dwelling units per acre, but also allows 40 units per acre for overnight accommodations. Recommended Conclusions of Law: The proposed use of this property as multi-family residential and overnight accommodations is consistent with the uses allowed within the Tourist (T) zoning district. 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 FLUP from the Residential High (RR) category to the Resort Facilities High (RFH) category and a rezoning from the Medium High Density Residential (MHDR) to the ReVIsed Staff Report - CIty Councll - March 2, 2006 - Case LUZ2005-1 00 13 Page 9 Tourist (T) District for the subject site is requested. This 7.94 acre site is compatible with the proposed use of the property for multi-family attached dwellings and overnight accommodations, and the proposed future land use plan amendment and rezoning is compatible with the existing neighborhood. The remainder of the Old Florida District consists of multi-family residential dwellings, overnight accommodations, retail and public uses. The Planning Department recommends the following actions on the request based on the recommended findings of fact and recommended conclusions of law: a) Recommend APPROV AL of the Future Land Use Plan amendment from the Residential High (RR) Classification to the Resort Facilities High (RFH) Classification; and b) Recommend APPROVAL of the rezoning from the Medium High Density Residential (MHDR) District to the Tourist (T) District. Prepared by Planning Department staff: Jh~ ~ Sharen J arzen, Planner III Attachments: Application Location Map Aerial Photograph of Site and Vicinity Land Use Plan Map Zoning Map Existing Surrounding Uses Site Photographs S IPlanmng DepartmentlC D BILand Use Amendments IL UZ 2005\LUZ2005-10013 Old Flonda Dlstnct. Cay ofClearwater1LUZ2005-10013 Staff Report doc ReVIsed Staff Report - CIty Councll- March 2, 2006 - Case LUZ2005-1 00 13 Page 10 10 clY ~ Clearwater City Commission Agenda Cover Memorandum \0 ",.f;{ session Item #. Final Agenda Item # Meeting Date: 01-19-06 SUBJECT/RECOMMENDATION: APPROVE the Future Land Use Plan Amendment from the Residential High (RR) Category to the Resort Facilities High (RFH) Category and Zoning Atlas Amendment from the Medium High Density Residential (MHDR) Distnct to the Tourist (T) District in the Old Florida District as defined in Beach by DesIgn: A Preltmmary DesIgn for Clearwater Beach and Design GUIdelines and PASS Ordinance #7547-06 and #7548-06 to amend the Future Land Use Plan Map and Zoning Atlas on first reading. (LUZ2005-10013) [8J and that the appropriate offiCials be authorized to execute same, SUMMARY: The subject site is comprised of 43 parcels of land totaling 7.94 acres in area located on Clearwater Beach generally between Mandalay A venue and the Gulf of Mexico between Kendall Street and the north side of Somerset Street. The applicant is requesting to amend the Future Land Use Plan Map designation of this site from the Residential High (RR) Category to the Resort Facilities High (RFH) Category and Zoning Atlas Amendment from the Medium High Density Residential (MHDR) District to the Tourist (T) District that will allow multi-family attached dwellings and overnight accommodations as the proposed uses for the property. The Planning Department determined that the proposed future land use plan amendment and rezoning applications are consistent with the following standards specified in the Community Development Code: · The proposed land use plan amendment and rezoning application are consistent with the Comprehensive Plan. . The proposed use is compatible with the surrounding area. · Sufficient public facilities are aVaIlable to serve the property. · The applicatIOns will not have an adverse impact on the natural environment. Please refer to the attached land use plan amendment and rezoning (LUZ2005-10013) report for the complete staff analysIs. In accordance with the Countywide Plan Rules, the land use plan amendment is subject to the approval of the Pmellas Plannmg Council and the Board of County Commissioners acting as the Countywide Planning Authority. Review and approval by the Florida Department of Community Affairs is not required. The Community Development Board reviewed these applications at its public hearing on December 20, 2005 and <./ 0' unanimously recommended approval of the application. ~.,(~ &.~ ~;;#rf\ 7-;-l.,r - ~ ~v SL(~ 6l{S ~ 1) CfJio ~u1/ I ,{c;~~ ?J!t~ I ({30 '2-- ~/CC- 'I ~1 ~~ ?-Rl? 3th , ':; 2,(\s,- , L--V /h~ ) Originating Dept.: '-" Reviewed by: Costs Legal Info Srvc N/A PLANNING DEPARTMENT Total (Sharen Jarzen) Budget N/A PubliC Works N/A User Dept.: Funding Source: Purchasing N/A DCM/ACM Planning Current FY CI Risk Mgmt N/A Other Attachments: Ordinance Nos. OP 7469-05 & 7470-05 STAFF REPORTS Other Submitted by: o None Appropriation Code: Citv Manager - ~1 Printed on recycled paper ..., ---ro ~~ CDB Date: Case Number: Owner/Applicant: Representative: Address: Agenda Item: December 20, 2005 LUZ2005-1 00 13 City of Clearwater Planning Department Old Florida District D-3 CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT BACKGROUND INFORMATION The Planning Department undertook a study of the Old Florida District on Clearwater Beach to clarify the vision of the District and to eliminate any discrepancies between Beach by Design, the special area plan governing Clearwater Beach and the underlying land use and zoning. As a result of the ideas generated by four public meetings, as well as policy direction provided by City Council on August 29, 2005, the Planning Department has developed amendments to Beach by Design. Currently the Plan specifies that the "preferred form of development" include townhomes and single-family dwellings mid-rise in height. The proposed amendments specify that all forms of new development be in the' form of attached dwellings and overnight accommodations throughout the District, as well as commercial uses along Mandalay Avenue. Additionally, the amendments provide for a maximum building height of 65 feet in areas located 60 feet south of Somerset Street. At present, the Old Florida District has future land use plan (FLOP) designations of Resort Facilities High and High Density Residential and zoning categories of Tourist and Medium High Density Residential. In order to implement the proposed revisions to Beach by Design, it is necessary to amend the residentially designated area of the District (see Future Land Use Plan Map). REQUEST: (a) Future Land Use Plan amendment from the Residential High (RR) Classification to the Resort Facilities High (RFH) Classification; and (b) Rezoning from the Medium High Density Residential (MHDR) District to the Tourist (T) District. SITE INFORMATION PROPERTY SIZE: 7.94 acres Staff Report - Commumty Development Board - December 20,2005 - Case LUZ2005-09012 Page 1 PROPERTY USE: Current Use: Proposed Use: Single Family Residential, Multi-Family Residential & Overnight Accommodations Multi-Family Residential & Overnight Accommodations PLAN CATEGORY: Current Category: Proposed Category: Residential High (RR) Classification Resort Facilities High (RFH) Classification ZONING DISTRICT: Current District: Proposed District: Medium High Density Residential (MHDR) District Tourist (T) District EXISTING SURROUNDING USES: North: Single Family Residential South: Residential, Retail & Overnight Accommodations East: Residential, Retail & Overnight Accommod,ations West: Gulf of Mexico ANALYSIS: This Future Land Use Plan (FLUP) amendment and rezoning application involves 43 parcels of land, approximately 7.94 acres in area generally located on Clearwater Beach between Mandalay A venue and the Gulf of Mexico between Kendall Street and the north side of Somerset Street. A mix of single-family residential, multi-family residential and overnight accommodation uses' currently occupies the area. The site has a FLUP designation of Residential High (RR) and is zoned as a Medium High Density Residential (MHDR) District. These designations allow residential uses up to 30 units per acre and up to 50 feet in height. In order to allow the additional use of overnight accommodations and development up to 65 feet in height, as proposed in the amendments to Beach by Design, the Planning Department is requesting to amend the FLUP designation of the site to the Resort Facilities High (RFH) classification and to rezone it to the Tourist District. In accordance with the Countywide Plan Rules, the land use plan amendment is subject to approval by the Pinellas Planning Council and Board of County Commissioners acting as the Countywide Planning Authority. I. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN [Section 4-603.F.l] 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: Staff Report - Commumty Development Board - December 20, 2005 - Case LUZ2005-1 00 13 Page 2 2.1.2 Policy - Renewal of the beach tourist district shall be encouraged through the establishment of distinct districts within Clearwater Beach, the establishment of a limited density pool of additional hotel rooms to be used in specified geographic areas of Clearwater Beach, enhancement of public rights-of-way, the vacation of public rights-of- way when appropriate, transportation improvements, inter-beach and intra-beach transit, transfer of development rights and the use of design guidelines, pursuant to Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines, 2.2 Objective - The City of Clearwater shall continue to support innovative planned development and mixed land use development techniques in order to promote infill development that is consistent and compatible with the surrounding environment. 2.2.1 Policy - On a continuing basis, the Community Development Code and the site plan approval process shall be utilized in promoting infill development and/or planned developments that are compatible. 3.0 Goal - A sufficient variety and amount of future land use categories shall be provided to accommodate public demand and promote infill development. 5.1.1 Policy - No new development or redevelopment will be permitted which causes the level of City services (traffic circulation, recreation and open space, water, sewage treatment, garbage collection, and drainage) to fall below minimum acceptable levels. However, development orders may be phased or otherwise modified consistent with provisions of the concurrency management system to allow services to be upgraded concurrently with the impacts of development. Recommended Conclusions of Law: The proposed plan amendment is 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 Resort Facilities High (RFH) category, as specified in Section 2.3.3.4.6 of the Countywide Rules, is to designate areas in the County that are now developed, or appropriate to be developed, in high density residential and resort, tourist facility use; and to recognize such areas as well-suited for the combination of residential and transient accommodation use consistent with their location, surrounding uses, transportation facilities and natural resource characteristics of such areas. The Resort Facilities High (RFH) category is generally appropriate to locations where unique recreational assets warrant the combination of permanent and temporary accommodations in close proximity to and served by the arterial and major thoroughfare network, as well as by mass transit. New development at this density will be discouraged in coastal high hazard areas and evacuation level "A" areas. Staff Report - Commumty Development Board - December 20,2005 - Case LUZ2005-10013 Page 3 ThIS area of Old Florida is located along the Gulf of Mexico and is accessed by Mandalay Avenue, which is the major north-south arterial on North Clearwater Beach. The area is also served by mass transit by the Pinellas Suncoast Transit Authority. Additionally, this area is currently developed wIth a variety of residential and overnight accommodation uses and is adjacent to RFH designated land to the immediate east and south. Based on historical development patterns and current uses, this area has functioned as a tourist area. The current underlying future land use plan designation of Residential High allows residential development at 30 units per acre, which is consistent with the density allowed by the RFH category. The RFH would also allow overnight accommodation uses at a density of 40 units per acre. It should be noted however, that the emerging pattern of redevelopment has been residential in character throughout the entire Old Florida District. The Pinellas Planning Council (PPC) and Countywide Planning Authority (CPA) have policies that specificalfy address Countywide Future Land Use Plan amendments in the Coastal High Hazard Area (CHHA). The policy specifies that such amendments should generally be denied. However, approval may be granted upon a balancing of the following criteria, as determined applicable and significant to the amendment. A. Distinction between direct storm damage and damage to evacuation routes. The subject site is susceptible to storm damage due to the site's location on both the Intracoastal Waterway and the Gulf of Mexico in an AE flood zone, with the very western edge being located III a VE flood zone. The evacuation route is in close proximity to the Memorial Causeway Bridge via Mandalay Avenue. This evacuation route is adequate to serve the existing and proposed land use category. B. Access to Emergency Shelter Space and Evacuation Routes. Currently there is a shortage of emergency shelters countywide. However, as there is no change in the allowable residential density between the current zoning and future land use and the proposed zoning and future land use, there should be no increase in the residential density. Emergency shelter planning provides for a percentage of residents that will utilize family, friend or hotel accommodations during evacuation situations and not emergency shelter space. As there is no increase in the allowable density, it will not have a negative impact on shelter space or evacuation routes. C. Utilization of Existing and Planning Infrastructure. This criterion is not applicable since the use of the site for the proposed residential purposes will not require the expenditure of public funds for the construction of new, unplanned infrastructure. D. Utilization of Existing Disturbed Areas. This criterion is not applicable since the site'is currently developed and not a natural area. Staff Report - Commumty Development Board - December 20,2005 - Case LUZ2005-10013 Page 4 "\ E. Maintenance of Scenic Qualities and Improvement of Public Access to Water. The subject site currently provides public access to the Gulf of Mexico at the end of the east- west streets that terminate at the Gulf. This will not change if the proposed amendment is adopted. F. Water Dependent Use. The site is currently occupied by residential areas, and not a water dependent use. G. Integral Part of Comprehensive Planning Process. The requested amendment has been initiated by the City of Clearwater as an integral part of its comprehensive planning process consistent with the City of Clearwater Comprehensive Plan. H. Part of Community Redevelopment Plan. The requested amendment is designated in a Community Redevelopment Plan as defined by Florida Statutes and is designated by Pinellas County as a Community Redevelopment District as a neighborhood that requires a special plan. I. Overall Reduction of Densitv or Intensity. The maximum permitted residential density of the subject site is currently 30 units per acre, which would permit a maximum of 238 dwelling units. The proposed amendment would also allow a maximum permitted residential density of 30 units per acre; thus there is no increase in allowable residential density. J. Clustering of Uses. The entire site is located within the Coastal High Hazard Area, therefore the clustering uses of a portion of the site outside the CHHA is not possible. While the requested amendment to the Future Land Use Plan category could place a net total of nine (9) additional residential dwelling units in the CHHA and subject the site to possible direct storm damage, the existing capacity-for the maximum potential of traffic generated by the amendment would not affect the evacuation route of the area. (See IV. Sufficiency of Public ,FacilIties section.) Recommended Conclusions of Law: The proposed plan amendment is consistent with the purpose and locational characteristics of the Countywide Plan. III. COMPATIBILITY WITH SURROUNDING PROPERTY/CHARACTER OF THE CITY & NEIGHBORHOOD [Sections 4-602.F.2 & 4-603.F.3] Recommended Findings of Fact: A variety of uses characterize the area to the east and south of the site. They include a mix of retail, residential and overnight accommodations. The area to the north is occupied by single family residences, while the area to the west is the Gulf of Mexico. . Staff Report - Cormnumty Development Board - December 20,2005 - Case LUZ2005-10013 Page 5 The proposed Future Land Use Plan (FLUP) designation and rezoning are in character with the overall FLUP designation in the area and are compatible with the surrounding uses. The proposed Resort Facilities High (RFH) classification is consistent with the proposed use of the area for multi-family dwelling units and overnight accommodations. Through a concurrent amendment to Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines (BBD), no retail or commercial will be allowed in the area proposed to be rezoned. The change in the zoning from Medium High Density Residential (MHDR) to Tourist (T) is more compatible with the proposed height of certain portions of the district being permitted to 65 feet. Recommended Conclusions of Law: The proposed plan and zoning atlas amendments are compatible with surrounding properties and the character of the City and neighborhood. IV. SUFFICIENCY OF PUBLIC FACILITIES Recommended Findings of Fact: As stated earlier, the overall subject site is approximately 7.94 acres in area and is presently occupied by single family and multi-family residential, as well as overnight accommodations. The applicant is requesting to amend the FLUP designation of the site to the Resort Facilities High (RFH) and to rezone it to the Tourist (T) District. The current FLUP Residential High (RH) category permits a primary use of only residential. However, the Resort Facilities High (RFH) category permits the development of both residential and transient accommodations, as well as tourist facilities and offices. Roadways The accepted methodology for reviewing the transportation impacts of proposed plan amendments is based on the Pinellas Planning Council's (PPC's) traffic generation guidelines. The PPC's traffic generation rates have been calculated for the subject site based on the existing and proposed FLUP categories and are included in the next table that examines the maximum potential traffic of the future land use plan amendment from the Residential High (RH) to the Resort Facilities High (RFH) classification. Based on the 2005 Pinellas County Metropolitan Planning Organization (MPO) Level of Service Report, the segment of Mandalay Avenue in the Level of Service (LOS) Report that IS most affected by traffic in the Old Florida District is the one that runs from Royal Way south to Pier 60 that has a LOS ofC. Staff Report - Commumty Development Board - December 20,2005 - Case LUZ2005-10013 Page 6 " /&- MaXImum Daily Added PotentIal Tn s 1,453 2,461 MaxImum PM Peak Hour Added PotentIal Tn S3 138' 234 V olume of Mandalay A venue from EI Dorado Circle to PIer 60 13,939 15,392 16,400 1,008 LOS of Mandalay Avenue from Royal Way to PIer ~ C C C C N/A = Not A hcable LOS = Level of Service 1 = Based on PPC calculatIOns oftn s er acre er da for the Residential Suburban Future Land Use Cate or , 2 = Based on PPC calculatIOns oftn s er acre er da for the Residential Low MedIUm Future Land Use Cate or 3 = Based on MPO K-factor of 0 095 Source, "The Coun wide Plan Rules", as amended thrau h Au ust 8, 2005 b the Pmellas Plannm Council The proposed FLUP category of Resort Facilities High (RFH) could generate an increase in PM peak hour traffic on this segment of Mandalay Avenue by a total of 96 trips. Based on the volume/capacity ratio that takes into account the signalization and number of lanes, it will not result in the degradation of the existing LOS to the surrounding road network according to the City of Clearwater Engineering Department. Additionally, the concurrent Beach by Design amendment will preclude commercial or office uses from developing in this area. Traffic from the subject site will be distributed to Mandalay Avenue. The site is currently accessed from the north and south along the beach corridor via that roadway. Specific uses that are permitted in the current and proposed zoning districts have also been analyzed for the level of vehicle trips that could be generated based on the Institute of Transportation Engineer's Trip GeneratlOn report. Please note that detached dwellings will not be permitted in the proposed zoning and future land use plan, but overnight accommodations will be. Below is this comparison in the change of land use that will be permitted. A hotel use, as opposed to a motel use, is a viable comparison, because according to the Trip Generation report, a hotel is defined as supporting facilities such as restaurants. As commercial or office uses will not be allowed in this area, a motel is used for a comparison. "19Y Motel - Occu led Rooms ......:;2.. I ' c65: , II / ~O~~I / Op Staff Report - Commumty Development Board - December 20, 2005 - Case LUZ2005-1 00 13 Page 7 The City of Clearwater Engineering Department has concluded that the transportation impacts associated with this land use plan amendment will not result in the degradation of the existing LOS to the surrounding road network. The LOS in that section of Mandalay Avenue will not change if the site is used for overnight accommodations. The net increase of PM peak trips will actually decrease if the sites are used for motel rooms, either occupied or unoccupied, as opposed to using the sites for single family detached dwellings. Also the net increase of average daily trips will decrease if the total number of motel rooms is used for a comparison. All overnight accommodations will be classified at a motel level, as hotels imply accessory se~ice or retail uses, and those uses will not be permitted in the area when it is rezoned. Mass Transit The Citywide LOS for mass transit will not be affected by the proposed plan amendment. The total miles of fixed route service will not change; the subject site is located along an existing transit route named the Suncoast Beach Trolley with service along Mandalay Avenue from approximately 6:30 AM to 9:20 PM and virtually all headways are less than or equal to one hour. Service is provided by the Pinellas Suncoast Transit Authority (PST A) and the Trolley connects at various points to five different bus routes along the beach area, as well as has access to the Park Street Terminal in downtown Clearwater. Water The current FLUP category could use up to 59,550 gallons per day. Under the proposed FLUP categories, water demand could approach approximately 79,400 gallons per day. The proposed land use will not negatively affect the City's current LOS for water. Wastewater The current FLUP category could produce up to 47,640 gallons per day. Under the proposed FLUP categories, sewer demand could approach approximately 63,520 gallons per day. The proposed land use amendment will not negatively affect the City's current LOS for wastewater. Solid Waste The current Residential High FLUP category would result in the production of 604 tons of solid waste per year. Under the proposed FLUP category, the proposed restaurant could generate 805 tons of solid waste per year. The proposed land use and plan amendment will not negatively affect the City's current LOS for solid waste disposal. Recreation and Open Space The proposed future land use plan and zoning designations will permit the development of up to 318 dwelling units. However, payment of an Open Space, Recreation Land and Recreation Facility impact fee will not be required at this time; impact fees will be required as the sites are redeveloped with new uses that result in an increase in units. The amount and timing of this fee is dependent on the number of developed units and will be addressed and paid during the site plan reVIew process. Staff Report - Commumty Development Board - December 20,2005 - Case LUZ2005-10013 Page 8 Recommended Conclusions of Law: It has been determined that the traffic generated by this plan amendment will not result in the degradation of the existing LOS to the surrounding road network. It has also been determined that the amendment and rezoning will not negatively affect the City's current level of service for mass transit, water, wastewater, solid waste, or recreation and open space. Based on the findings above, the proposed FLUP and rezoning does not require nor affect the provision of public services in a negative manner. V. IMPACT ON NATURAL ENVIRONMENT [Section 4-603.F.5.] Recommended Findings of Fact: As properties are redeveloped, site plan approval will be required. At that time, the stormwater management system will be required to meet all City and Southwest Florida Water Management District (SWFWMD) stormwater management criteria. Recommended Conclusions of Law: Water quantity and quality will be controlled in compliance with the Clearwater Comprehensive Plan. The entire area is located in either Flood Zone 6f AE or VE, but is entirely developed. Consequently, as the area is redeveloped, the natural environment will not be affected adversely. VI. LOCATION OF DISTRICT BOUNDARIES [Section 4-602 .F.6.] Recommended Findings of Fact: The location of the proposed Tourist (T) District boundaries are logical based on the historical use of this property and the remainder of the Old Florida District that is zoned as T that is not zoned for institutional or recreational uses. This rezoning will consolidate this site into the appropriate zoning district. It will blend into the existing zoning and uses of the Old Florida District. Recommended Conclusions of Law: The district boundaries are appropriately drawn in regard to location and classifications of streets and ownership lines. VII. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT CODE AND CITY REGULATIONS [Sections 2-701.1 & 4-602.F.1. and .2.] Recommended Findings of Fact: The existing future land use plan category and zoning district permits 30 dwelling units per acre. The proposed Resort Facilities High (RFO) land use category and Tourist (T) district also permits 30 dwelling units per acre, but also allows 40 units per acre for overnight accommodations. Staff Report - Commumty Development Board - December 20, 2005 - Case LUZ2005-100 13 Page 9 Recommended Conclusions of Law: The proposed use of this property as multi-family residential and overnight accommodations is consistent with the uses allowed within the development standards for the Tourist (T) zoning district. 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 FLUP from the Residential High (RR) category to the Resort Facilities High (RFH) category and a rezoning from the Medium High Density Residential (MHDR) to the Tourist (T) District for the subject site is requested. This 7.94 acre site is compatible with the proposed use of the property for multi-family attached dwellings and overnight accommodations, and the proposed future land use plan amendment and rezoning is compatible with the existing neighborhood. The remainder of the Old Florida District consists of multi-family residential dwellings, overnight accommodations, retail and public uses. The Planning Department recommends the following actions on the request based on the recommended findings of fact and recommended conclusions of law: a) Recommend APPROVAL' of the Future Land Use Plan amendment from the Residential High (RR) Classification to the Resort Facilities High (RFH) Classification; and b) Recommend APPROVAL of the rezoning from the Medium High Density Residential (MHDR) District to the Tourist (T) District. Prepared by Planning Department staff:~ ~ Sharen J arzen, PIa r III Attachments: Application Location Map Aerial Photograph of Site and Vicinity Land Use Plan Map Zoning Map Existing Surrounding Uses Site Photographs S IPlanning DepartmentlC D BILand Use AmendmentslLUZ 20051LUZ2005-10013 Old F10nda District. City ojClearwaterlLUZ2005-JO013 Staff Report doc Staff Report - Commumty Development Board - December 20, 2005 - Case LUZ2005-1 00 13 Page 10 Resume Sharen K. Jarzen, AICP 100 South Myrtle Avenue Clearwater, FL 33756 727-562-4626 sharen. i arzenla)mvclearwater.com PROFESSIONAL EXPERIENCE . Planner III Planning Department, City of Clearwater, FL 2005 to Present Develop, orgamze and complete all aspects of projects related to long range planning issues. . St. Patrick' Parish Jacksonville, FL 2003 to 2005 Managed the organizational needs of the parish with responsibilities for development issues, business affairs and facilities management. . City Parks, Recreation & Entertainment Department Jacksonville, FL 2001 to 2003 Managed a $20+ million capital project improvements program with over 200+ projects. Supervised the application and administration of grant funds. . Coastal Georgia Regional Development Center Brunswick, GA 2001 to 2001 Supervised the completion of planning studies and zoning/subdivision ordinances and managed the GIS. . Self-Employed Consultant Avon, IN 1998 to 2001 Developed comprehensive/strategic plans wIth a transportation element, conducted site analyses/reviews and obtained building permits, planning/zoning approvals and environmental permits for developers. . Indiana Department of Environmental Management (IDEM) Indianapolis, IN 1987 to 1998 Managed a statewide nonpoint source water management program with a $2 million annual budget for the IDEM administering 80+ state water projects. Administered it so effectively that it was recognized by the U.S. Environmental Protection Agency as one of the most improved programs in the Midwest. Supervised a state staff with responsibilities for project management, budgeting, planning and grantsmanship. Supervised up to ten employees and received recognition by my superior that I focused on results. Effectively managed the interaction of the IDEM water management program with multiple federal, state and local agencies. Received the mediation award from the Indiana Environmental InstItute for my achievements at promoting environmental quality through cooperative effort and communication. . Self Employed Consultant Akron, OR 1985 to 1987 Completed the economic and fiscal impacts portion of the environmental impact statement for the construction of a Chrysler manufacturing facility in Detroit, Michigan and conducted site feasibility studies for developers. . City Community Development Department Kent, OR 1984 to 1985 Admi~istered a Community Development Block Grant program on a local level and managed a grant/loan housing rehabilitation program in conjunction with a code enforcement program for low-income families. . County Regional Planning Commission Stark County, OR 1975 to 1984 Supervised staff with responsibilities for community deveiopment, grants procurement/administration, planning and housing rehabilitation, and researched and published reports on comprehensive plans that included land use policies, transportation facilities, downtown redevelopment, community facilities and historic preservation. EDUCATION Master of Arts ip Ge<?graphy, Georgia State University Bachelor of Arts in Sociology, Kent State University Postgraduate coursed in accounting and professional seminars concerning total quality management, grantsmanship, personnel management and development, federal procurement and downtown commercial revitalization. LICENSES & CERTIFICATES American Institute of Certified Planners American Planning Association Florida Planning Association EXPERT WITNESS IN: Comprehensive Planning Environmental Planning Land Use/Zoning Historic Preservation SHAREN K. JARZEN, AICP PROJECT SITE Atlas Page: 258A Site: From: To: Location Map Case: LUZ2005-10013 Property Size (Acres): Residentially Zones Area of the Old Florida District Land Use RH RFH 7.94 Zoning MHDR Number of Parcels 43 T j c). [:' I i" . , '. 9 , : [i '. {,:, I.' . . , fl,., , ~" ~ { " r :( i t , f~ , 1: " :! ~ , I~ " Di, \~lJ:..l . : I i----- I' . , . , , : . . ... ~ . " .t Aerial Photograph I Atlas Page: 258A Case: LUZ20~5-10013 Site: Residentially Zoned Area of the Old Property Size 7.94 Florida District (acres) Land Use Zoning From: Number of 43 RH MHDR Parcels To: RFH T - HJ~ 1 J @ 1 n I -" I ACACIA RrT STREET I ......... " '1 I I lJl 1 ~ SOMERSET , -- --. w \ Q :) - - z w rn ?( - - rJl '11 CAMBRIA STREET ~ - w E; I--- - :) rn z ~ ~FH I w > J - <C I--- ! IDLEWlLD STREET ..... ;:o,H ~I I r ..., ..-<. ~ ~ - GLENDALE ST GULF ROYAL WAY OF m l \t MEXICO / HEILWOOD ST - n\ BAY I-- , ~ - RlOS -' -rn Q rJl ,..--.-- AVA <C ! ~ l'~ i= R/~ tS I-- l;j - rJl it ffH E; - I-- z rn fr is \.----1 i5 D. - JUANITA W?(~ KENDALLST r--- ~ ' ........ ~ INS l \- I rR rfl ~ , , Future Land Use Plan Map Atlas Page: 258A Case: LUZ2005-10013 Site: Residentially Zoned Area of the Old Property Size 7.94 Florida District (acres) Land Use Zoning - From: Number of 43 RH MHDR Parcels To: RFH T =I!~ 1 wi I I @ h r1 L\a .,. .. \........ ACACIA 11.. . .., STREET I' I I Q) ~ SOMERSET ~ UJ \l ::l - z ----"\ UJ m :t ~ ------' CAMBRIA STREET i UJ 0 ::l m z I UJ > T <( r-------' ) IDlEWILDSTREET /~ I r- ~ ~ T !<> GLENDALE ST GULF ROYAL WAY OF m l ~ MEXICO HEILWOOO ST f-- \\~ I-- '\ - m AVA 4 )8/R Q ." I I: <( ! ~ 'i i= Iii _ Ul - ~ I-- U) z m ~ -fr 0 ~ ct 0. - C JUANITA KENDALLST -~ - ----' wAY '--- ~ \ \ II - ----' - I c -- I l m n Zoning Map Atlas Page: 258A Case: LUZ2005-10013 Site: Residentially Zoned Area of the Old Property Size 7.94 Florida District (acres) Land Use Zoning From: Number of 43 RH MHDR Parcels To: RFO T ,..........- I I @ will !l~ ~ H H p I \ ACACIJll~iD21p I SI . EET "'\ '7 I III 1 ~ SOMERSET ~ w \ ~C> . ,. . m Cl' Ul "11 CAMBRIA STREET ~at \ A ceo nu '} ODS z m I w > <( I IDLEWlLD STREET /0; I ~ .i "D . 'w \ ~ .....~ I. ..a: GLENDALE S1 GULF ROYAL WAY OF m l ~ MEXICO HEILWOOD ST f-- ~\~ f-- \ --1m ( 0 t/l AVA ~pen S , e~. '< ---' ~ - I ~~ ~ - (J) - --' E; ~ z m 6 - i! IT D. I-- a ~ JUANITA - KENDAlLS1 -~ ,.-----' wAY '-- ~ 1 ~ -- , - c I n m i- - 11 Surrounding Land Uses Map Atlas Page: 258A Case: LUZ2005-10013 Site: Residentially Zoned Area of the Old Property Size 7.94 Florida District (acres) Land Use Zoning From: RH MHDR Number of 43 Parcels To: RFH T The Chalets on White Sands at 14 Somerset Street. The Haddon House Inn at 12 Idlewild Street. -- ---- ----- - ~ ~~~ View looking west on Idlewild Street with Surfside Condo- miniums to the left. Old Florida District i ~ LUZ2005- 10013 The Suncoast Trolley that serves the area on Mandalay Avenue. \ , 2X2 Map Atlas Page: 258A Case: LUZ2005-1 00 13 Site: Residentially Zoned Area of the Old Property size 7.94 Florida District (acres) Land Use Zoning From: Number of 43 RH MBDR Parcels To: RFH T ORDINANCE NO. 7547-06 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY GENERALLY LOCATED ON CLEARWATER BEACH BETWEEN MANDALAY AVENUE AND THE GULF OF MEXICO BETWEEN KENDALL AND THE NORTH SIDE OF SOMERSET STREI;T EAST OF MANDALAY AVENUE IN THE OLD FLORIDA DISTRICT AS DESIGNATED BY BEACH BY DESIGN, THE SPECIAL AREA PLAN GOVERNING CLEARWATER BEACH FROM RESIDENTIAL HIGH TO RESORT FACILITIES HIGH; PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property as follows: Property See attached Exhibit A legal description (LUZ2005-10013) Land Use Cateqorv From: Residential High To: Resort Facilities High Future Land Use Plan Map See attached Exhibit B Section 2. The City Council does hereby certify that this ordinance is consistent with the City's comprehensive plan. Section 3. This ordinance shall take eff~ct immediately upon adoption, subject to the approval of the land use designation by the Pinellas County Board of County Commissioners, and subject to a determination by the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to 9 163.3189, Florida Statutes. The Community Development Coordinator is authorized to transmit to the Pinellas County Planning Council an application to amend the Countywide Plan in order to achieve consistency with the Future Land Use Plan Element of the City's Comprehensive Plan as amended by this ordinance. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk >-- ~ i ~l-- f w UJ 1--1 @ - g~ !Ii ~ I--- I--- ~ < I ACACIA RT STREET '- "'\ /1 I I <J> 1 ~ SOMERSET \ \ r--- ,.--- 1-1 \ \ w ::J f-- - z ~ I-- f-- rn <( (/) -u CAMBRIA STREET ~ - w E; I--- - ::J rn z ~ ~FHI - ~ IDLEWILD STREET ~ H ~ I r- --:1'\:" ~ 1--- \ - GLENDALE ST '--- - GULF ROYAL WAY OF m l ~ MEXICO HEILWOOD ST - n\ BAY - J 'I R/OS rn ~ - (/) AVA <( - ;2 - I L"- ~ ~ ~ R/~~S - w _(/) ...,. -'H Ei - (/) K 1 rn z n- o - - t=J a:: (l. Cl JUANITA --- WAY - J,JANT" KENDALL ST - L- ~ \...--- n - IN S ~ \...--- n I H If~ I-- \ \ \ Future Land Use Map Atlas Page: 258A Case: L UZ2005-1 0013 Site: Portions of Old Florida District Property size (acres) 8.0 Land Use Zoning From: RH (City) MHDR (City) # of parcels 43 To: RFH (City) T (City) , Exhibit B ORDINANCE NO. 7548-06 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN REAL PROPERTY GENERALLY LOCATED ON CLEARWATER . BEACH BEnNEEN MANDALAY AVENUE AND THE GULF OF MEXICO BEnNEEN KENDALL STREET AND THE NORTH SIDE OF SOMERSET STREET EAST OF MANDALAY AVENUE IN THE OLD FLORIDA DISTRICT AS DESIGNATED BY BEACH BY DESIGN, THE SPECIAL AREA PLAN GOVERNING CLEARWATER BEACH FROM MEDIUM HIGH DENSITY RESIDENTIAL TO TOURIST; PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the zoning atlas of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property in Clearwater, Florida, is hereby rezoned, and the zoning atlas of the City is amended as' follows: Property See attached Exhibit A legal description (LUZ2005-10013) Zoninq District From: Medium High Density Residential To: Tourist Zoninq Map See attached Exhibit B Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, subject to the approval of the land use designation set forth in Ordinance 7469-05 by the Pinellas County Board of County Commissioners, and subject to a determination by the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to 9163,3189, Florida Statutes. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Ordinance No. 7548-06 J~ J g~ I @ - ~ w I-- ~ ~ ~~ I--- - L\aJ1T . -n..- J ACACIA Jll' -.- en "- STREET '\ /" I 0:> ~ SOMERSET \ I - .--- 'H t----l w I--- ::> I-- z ~ - I--- m Cfl - "1J CAMBRIA STREET ~ I--- w ~ - I--- ::> m z I r---- I ~ T r-- <l: I--- 1 IDLEWILD STREET ~ I r- --< T 1 ~ GLENDALE ST GULF ROYAL WAY - .--- ~ OF m n MEXICO - I--- ,7\ HEILWOOD ST - t--- n\~ I-- ~m- 4 )S/R ('l ~ AVA <l: ~ - r"' - I L ~ :xJ ~ C I-- - W _Cfl ~ en m ~ z n- O - l"- ei: Cl. 0 L J JUANITA - KENDALL ST .---- ,.Y:1M- f- ..uNtTA. L..- ~ \ WAV \ - I z I--- c I l m ~ n \ \ \ \ Zoning Map Atlas Page: 258A Case: LUZ2005-10013 Site: Portions of Old Florida District Property size 7.94 (acres) Land Use Zoning From: RH (City) MHDR (City) # of parcels 43 To: RFO (City) T (City) Exhibit B \~ -....." ~ c.X:> B 'Clearwater City Commission Agenda Cover Memorandum ". ~~ ::;ession Item #: ... Final Agenda Item # Meeting Date: 01-19-06 SUBJECT/RECOMMENDATION: APPROVE the Future Land Use Plan Amendment from the Residential High (RR) Category to the Resort Facilities High (RFH) Category and Zoning Atlas Amendment from the Medium High Density Residential (MHDR) District to the Tourist (T) District in the Old Florida District as defined in Beach by Design: A Prelimznary Design for Clearwater Beach and Design Guidelines and PASS Ordinance #7547-06 and #7548-06 to amend the Future Land Use Plan Map and Zoning Atlas on first reading. (LUZ2005-10013) l8J and that the appropriate officials be authorized to execute same SUMMARY: The subject site is comprised of 43 parcels of land totaling 7.94 acres in area located on Clearwater Beach generally between Mandalay Avenue and the Gulf of Mexico between Kendall Street and the north side of Somerset Street. rhe applicant is requesting to amend the Future Land Use Plan Map designation of this site from the Residential High (RR) Category to the Resort Facilities High (RFH) Category and Zoning Atlas Amendment from the Medium High Density Residential (MHDR) District to the Tourist (T) District in order to allow proposed uses on the property. The Planning Department determined that the proposed future land use plan amendment and rezoning applications are consistent with the following standards specified in the Community Development Code: . The proposed land use plan amendment and rezoning application are consistent with the Comprehensive Plan. · The proposed use is compatible with the surrounding area. I CZ? "30 . Sufficient public facilities are available to serve the property. . The applications will not have an adverse impact on the natural environment. Please refer to the attached land use plan amendment and rezoning (LUZ2005-10013) report for the complete staff analysis. j In accordance with the Countywide Plan Rules, the land use plan amendment is subject to the approval of the Pinellas Planning Council and the Board of County Commissioners acting as the Countywide Planning Authority. Review and approval by the Florida Department of Community Affairs is not required. The Community Development Board reviewed these applications at its public hearing on December 20, 2005 and unanimously recommended approval of the application. Reviewed by: Originating Dept.: Costs Legal Info Srvc N/A PLANNING DEPARTMENT Total (Sharen Jarzen) Budget N/A Public Works N/A User Dept.: Funding Source: Purchasing N/A DCM/ACM Planning Current FY CI Risk Mgmt N/A Other Attachments: Ordmance Nos. OP 7469-05 & 7470.05 STAFF REPORTS Other Submitted by: Appropriation Code: City Manager o None -- ~., Printed on recycled paper \0. .::.. ~ ~ CDB Date: Case Number: Owner/Applicant: Representative: Address: Agenda Item: December 20, 2005 LUZ2005-10013 City of Clearwater Planning Department Old Florida District D-3 CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT BACKGROUND INFORMATION The Planning Department undertook a study of the Old Florida District on Clearwater Beach to clarify the vision of the District and to eliminate any discrepancies between Beach by Design, the special area plan governing Clearwater Beach and the underlying land use and zoning. As a result of the ideas generated by four public meetings, as well as policy direction provided by City Council on August 29, 2005, the Planning Department has developed amendments to Beach by Design. Currently the Plan specifies that the "preferred form of development" include townhomes and single-family dwellings mid-rise in height. The proposed amendments specify that all forms of new development be in the form of attached dwellings and overnight accommodations throughout the District, as well as commercial uses along Mandalay Avenue. Additionally, the amendments provide for a maximum building height of 65 feet in areas located 60 feet south of Somerset Street. At present, the Old Florida District has future land use plan (FLUP) designations of Resort Facilities High and High Density Residential and zoning categories of Tourist and Medium High Density Residential. In order to implement the proposed revisions to Beach by Design, it is necessary to amend the residentially designated area of the District (see Future Land Use Plan Map). REQUEST: (a) Future Land Use Plan amendment from the Residential High (RH) Classification to the Resort Facilities High (RFH) Classification; and (b) Rezoning from the Medium High Density Residential (MHDR) District to the Tourist (T) District. SITE INFORMATION PROPERTY SIZE: 7.94 acres Staff Report - Community Development Board - December 20,2005 - Case LUZ2005-090l2 Page 1 ~ PROPERTY USE: Current Use: Proposed Use: Single Family Residential, Multi-Family Residential & Overnight Accommodations Multi-Family Residential & Overnight Accommodations PLAN CATEGORY: Current Category: Proposed Category: Residential High (RR) Classification Resort Facilities High (RFH) Classification ZONING DISTRICT: Current District: Proposed District: Medium High Density Residential (MHDR) District Tourist (T) District --------- EXISTING SURROUNDING USES: North: Single Family Residential South: Residential, Retail & Overnight Accommodations East: Residential, Retail & Overnight Accommodations West: Gulf of Mexico ANALYSIS: This Future Land Use Plan (FLUP) amendment and rezoning application involves 43 parcels of land, approximately 7.94 acres in area generally located on Clearwater Beach between Mandalay Avenue and the Gulf of Mexico between Kendall Street and the north side of Somerset Street. A mix of single-family residential, multi-family residential and overnight accommodation uses currently occupies the area. The site has a FLUP designation of Residential High (RR) and is zoned as a Medium High Density Residential (MHDR) District. These designations allow residential uses up to 30 units per acre and up to 50 feet in height. In order to allow the additional use of overnight accommodations and development up to 65 feet in height, as proposed in the amendments to Beach by Design, the Planning Department is requesting to amend the FLUP designation of the site to the Resort Facilities High (RFH) classification and to rezone it to the Tourist District. In accordance with the Countywide Plan Rules, the land use plan amendment is subject to approval by the Pinellas Planning Council and Board of County Commissioners acting as the Countywide Planning Authority. I. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN [Section 4-603.F.l] 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: Staff Report - Commumty Development Board - December 20, 2005 - Case LUZ2005-1 00 13 Page 2 ~ 2.1.2 Policy - Renewal of the beach tourist district shall be encouraged through the establishment of distinct districts within Clearwater Beach, the establishment of a limited density pool of additional hotel rooms to be used in specified geographic areas of Clearwater Beach, enhancement of public rights-of-way, the vacation of public rights-of- way when appropriate, transportation improvements, inter-beach and intra-beach transit, transfer of development rights and the use of design guidelines, pursuant to Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines. 2.2 Objective - The City of Clearwater shall continue to support innovative planned development and mixed land use development techniques in order to promote infill development that is consistent and compatible with the surrounding environment. 2.2.1 Policy - On a continuing basis, the Community Development Code and the site plan approval process shall be utilized in promoting infill development and/or planned developments that are compatible. 3.0 Goal - A sufficient variety and amount of future land use categories shall be provided to accommodate public demand and promote infill development. 5.1.1 Policy - No new development or redevelopment will be permitted which causes the level of City services (traffic circulation, recreation and open space, water, sewage treatment, garbage collection, and drainage) to fall below minimum acceptable levels. However, development orders may be phased or otherwise modified consistent with provisions of the concurrency management system to allow services to be upgraded concurrently with the impacts of development. Recommended Conclusions of Law: The proposed plan amendment is 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 Resort Facilities High (RFH) category, as specified in Section 2.3.3.4.6 of the Countywide Rules, is to designate areas in the County that are now developed, or appropriate to be developed, in high density residential and resort, tourist facility use; and to recognize such areas as well-suited for the combination of residential and transient accommodation use consistent with their location, surrounding uses, transportation facilities and natural resource characteristics of such areas. The Resort Facilities High (RFH) category is generally appropriate to locations where unique recreational assets warrant the combination of permanent and temporary accommodations in close proximity to and served by the arterial and major thoroughfare network, as well as by mass transit. New development at this density will be discouraged in coastal high hazard areas and evacuation level "A" areas. Staff Report - Commumty Development Board - December 20,2005 - Case LUZ2005-10013 Page 3 This area of Old Florida is located along the Gulf of Mexico and is accessed by Mandalay Avenue, which is the major north-south arterial on North Clearwater Beach. The area is also served by mass transit by the Pinellas Suncoast Transit Authority. Additionally, this area is currently developed with a variety of residential and overnight accommodation uses and is adjacent to RFH designated land to the immediate east and south. Based on historical development patterns and current uses, this area has functioned as a tourist area. The current underlying future land use plan designation of Residential High allows residential development at 30 units per acre, which is consistent with the density allowed by the RFH category. The RFH would also allow overnight accommodation uses at a density of 40 units per acre. It should be noted however, that the emerging pattern of redevelopment has been residential in character throughout the entire Old Florida District. The Pinellas Planning Council (PPC) and Countywide Planning Authority (CPA) have policies that specifically address Countywide Future Land Use Plan amendments in the Coastal High Hazard Area (CHHA). The policy specifies that such amendments should generally be denied. However, approval may be granted upon a balancing of the following criteria, as determined applicable and significant to the amendment. A. Distinction between direct storm damage and damage to evacuation routes. The subject site is susceptible to storm damage due to the site's location on both the Intracoastal Waterway and the Gulf of Mexico in an AE flood zone, with the very western edge being located in a VE flood zone. The evacuation route is in close proximity to the Memorial Causeway Bridge via Mandalay Avenue. This evacuation route is adequate to serve the existing and proposed land use category. B. Access to Emergency Shelter Space and Evacuation Routes. Currently there is a shortage of emergency shelters countywide. The proposed amendment could result in a net increase of 9 units or approximately 20 people assuming that all acreage now containing single family homes were converted to overnight accommodations. Emergency shelter planning provides for a percentage of residents that will utilize family, friend or hotel accommodations during evacuation situations and not emergency shelter space. Not considering that decreased percentage, this increase is still minimal and will not have a negative impact on shelter space or evacuation routes. 'y 7 I C. Utilization of Existing and Planning Infrastructure. This criterion is not applicable since the use of the site for the proposed residential purposes will not require the expenditure of public funds for the construction of new, unplanned infrastructure. D. Utilization of Existing Disturbed Areas. This criterion is not applicable since the site is currently developed and not a natural area. E. Maintenance of Scenic Qualities and Improvement of Public Access to Water. The subject site currently provides public access to the Gulf of Mexico at the end of the east- Staff Report - Commumty Development Board - December 20,2005 - Case LUZ2005-10013 Page 4 west streets that terminate at the Gulf. This will not change if the proposed amendment is adopted. F. Water Dependent Use. The site is currently occupied by residential areas, and not a water dependent use. G. Integral Part of Comprehensive Planning Process. The requested amendment has been initiated by the City of Clearwater as an integral part of its comprehensive planning process consistent with the City of Clearwater Comprehensive Plan. H. Part of Community Redevelopment Plan. The requested amendment is designated in a Community Redevelopment Plan as defined by Florida Statutes and is designated by Pinellas County as a Community Redevelopment District as a neighborhood that requires a special plan. 1. Overall Reduction of Density or Intensity. The maximum permitted density ofthe subject site is currently 30 units per acre, which would permit a maximum of238 dwelling units. ,\'. / The proposed amendment would allow 40 units per acre for a maximum of 318 dwelling units. However, these 40 units per acre are only permitted for overnight accommodations. All new development that has been approved in the area in the last several years has been condominium development, not overnight accommodations. This trend is likely to continue, thus primarily limiting the construction of any new overnight accommodation units. Currently 0.61 acres are developed for motel use. It is highly unlikely that any more motels will be developed here. However, even assuming that every single family home were converted to a motel, this would only imply a net increase of nine (9) residential units in the area proposed for rezoning. J. Clustering of Uses. The entire site is located within the Coastal High Hazard Area, therefore the clustering uses of a portion of the site outside the CHHA is not possible. While the requested amendment to the Future Land Use Plan category could place a net total of nine (9) additional residential dwelling units in the CHHA and subject the site to possible direct storm damage, the existing capacity for the maximum potential of traffic generated by the amendment would not affect the evacuation route of the area. (See IV. Sufficiency of Public Facilities section.) Recommended Conclusions of Law: The proposed plan amendment is consistent with the purpose and locational characteristics of the Countywide Plan. Staff Report - Community Development Board - December 20,2005 - Case LUZ2005-10013 Page 5 III. COMPATIBILITY WITH SURROUNDING PROPERTY/CHARACTER OF THE CITY & NEIGHBORHOOD [Sections 4-602.F.2 & 4-603.F.3] Recommended Findings of Fact: A variety of uses characterize the area to the east and south of the site. They include a mix of retail, residential and overnight accommodations. The area to the north is occupied by single family residences, while the area to the west is the Gulf of Mexico. The proposed Future Land Use Plan (FLUP) designation and rezoning are in character with the overall FLUP designation in the area and are compatible with the surrounding uses. The proposed Resort Facilities High (RFH) classification is consistent with the proposed use of the area for multi-family dwelling units and overnight accommodations. Through a concurrent amendment to Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines (BBD), no retail or commercial will be allowed in the area proposed to be rezoned. The change in the zoning from Medium High Density Residential (MHDR) to Tourist (T) is more compatible with the proposed height of certain portions of the district being permitted to 65 feet. Recommended Conclusions of Law: The proposed plan and zoning atlas amendments are compatible with surrounding properties and the character of the City and neighborhood. IV. SUFFICIENCY OF PUBLIC FACILITIES Recommended Findings of Fact: As stated earlier, the overall subject site is approximately 7.94 acres in area and is presently occupied by single family and multi-family residential, as well as overnight accommodations. The applicant is requesting to amend the FLUP designation of the site to the Resort Facilities High (RFH) and to rezone it to the Tourist (T) District. The current FLUP Residential High (RR) category permits a primary use of only residential. However, the Resort Facilities High (RFH) category permits the development of both residential and transient accommodations, as well as tourist facilities and offices. Roadways The accepted methodology for reviewing the transportation impacts of proposed plan amendments is based on the Pinellas Planning Council's (PPC' s) traffic generation guidelines. The PPC's traffic generation rates have been calculated for the subject site based on the existing and proposed FLUP categories and are included in the next table that examines the maximum potential traffic of the future land use plan amendment from the Residential High (RR) to the Resort Facilities High (RFH) classification. Based on the 2005 Pinellas County Metropolitan Planning Organization (MPO) Level of Service Report, the segment of Mandalay Avenue in the Level of Service (LOS) Report that is most affected by traffic in the Old Florida District is the one that runs from Royal Way south to Pier 60 that has a LOS of C. Staff Report - CommunIty Development Board - December 20, 2005 - Case LUZ2005-l 00 13 Page 6 14 <~ if tie: +Man(l :It: }fl$" G;, - ,--<~~ Maximum Dail Added Potential Tri s Maximum PM Peak Hour Added Potential Trips3 Volume of Mandalay Avenue from EI Dorado Circle to Pier 60 13,939 15,392 16,400 1,008 LOS of Mandalay Avenue from Royal Way to Pier 60 C C C C N/ A = Not A licable LOS = Level of Service 1 = Based on PPC calculations of tn s er acre er da for the Residential Suburban Future Land Use Cate 0 2 = Based on PPC calculations oftri s er acre er da for the Residential Low Medium Future Land Use Cate 0 3 = Based on MPO K-factor of 0.095 Source: "The Coun ide Plan Rules", as amended throu h Au st 8, 2005 b the Pinellas Plannin Council. The proposed FLUP category of Resort Facilities High (RFH) could generate an increase in PM peak hour traffic on this segment of Mandalay Avenue by a total of 96 trips. Based on the volume/capacity ratio that takes into account the signalization and number of lanes, it will not result in the degradation of the existing LOS to the surrounding road network according to the City of Clearwater Engineering Department. Additionally, the concurrent Beach by Design amendment will preclude commercial or office uses from developing in this area. Traffic from the subject site will be distributed to Mandalay A venue. The site is currently accessed from the north and south along the beach corridor via that roadway. Specific uses that are permitted in the current and proposed zoning districts have also been analyzed for the level of vehicle trips that could be generated based on the Institute of Transportation Engineer's Trip Generation report. Please note that detached dwellings will not be permitted in the proposed zoning and future land use plan, but overnight accommodations will be. Below is this comparison in the change of land use that will be permitted. A hotel use, as opposed to a motel use, is a viable comparison, because according to the Trip Generation report, a hotel is defined as supporting facilities such as restaurants. As commercial or office uses will not be allowed in this area, a motel is used for a comparison. Existin Single Family Detached Housing NIA Motel- Occu ied Rooms 2,893 613 219 -24 Motel- All Rooms 1,788 -492 178 -65 Staff Report - Community Development Board - December 20,2005 - Case LUZ2005-10013 Page 7 The City of Clearwater Engineering Department has concluded that the transportation impacts associated with this land use plan amendment will not result in the degradation of the existing LOS to the surrounding road network. The LOS in that section of Mandalay Avenue will not change if the site is used for overnight accommodations. The net increase of PM peak trips will actually decrease if the sites are used for motel rooms, either occupied or unoccupied, as opposed to using the sites for single family detached dwellings. Also the net increase of average daily trips will decrease if the total number of motel rooms is used for a comparison. All overnight accommodations will be classified at a motel level, as hotels imply accessory service or retail uses, and those uses will not be permitted in the area when it is rezoned. Mass Transit The Citywide LOS for mass transit will not be affected by the proposed plan amendment. The total miles of fixed route service will not change; the subject site is located along an existing transit route named the Suncoast Beach Trolley with service along Mandalay Avenue from approximately 6:30 AM to 9:20 PM and virtually all headways are less than or equal to one hour. Service is provided by the Pinellas Suncoast Transit Authority (PST A) and the Trolley connects at various points to five different bus routes along the beach area, as well as has access to the Park Street Terminal in downtown Clearwater. Water The current FLUP category could use up to 59,550 gallons per day. Under the proposed FLUP categories, water demand could approach approximately 79,400 gallons per day. The proposed land use will not negatively affect the City's current LOS for water. Wastewater The current FLUP category could produce up to 47,640 gallons per day. Under the proposed FLUP categories, sewer demand could approach approximately 63,520 gallons per day. The proposed land use amendment will not negatively affect the City's current LOS for wastewater. / Solid Waste The current Residential High FLUP category would result in the production of 604 tons of solid waste per year. Under the proposed FLUP category, the proposed restaurant could generate 805 tons of solid waste per year. The proposed land use and plan amendment will not negatively affect the City's current LOS for solid waste disposal. Recreation and Open Space The proposed future land use plan and zoning designations will permit the development of up to 318 dwelling units. However, payment of an Open Space, Recreation Land and Recreation Facility impact fee will not be required at this time; impact fees will be required as the sites are redeveloped with new uses that result in an increase in units. The amount and timing of this fee is dependent on the number of developed units and will be addressed and paid during the site plan reVIeW process. Staff Report - CommunIty Development Board - December 20,2005 - Case LUZ2005-10013 Page 8 Recommended Conclusions of Law: It has been determined that the traffic generated by this plan amendment will not result in the degradation of the existing LOS to the surrounding road network. It has also been determined that the amendment and rezoning will not negatively affect the City's current level of service for mass transit, water, wastewater, solid waste, or recreation and open space. Based on the findings above, the proposed FLUP and rezoning does not require nor affect the provision of public services in a negative manner. V. IMPACT ON NATURAL ENVIRONMENT [Section 4-603.F.5.] Recommended Findings of Fact: As properties are redeveloped, site plan approval will be required. At that time, the stormwater management system will be required to meet all City and Southwest Florida Water Management District (SWFWMD) stormwater management criteria. Recommended Conclusions of Law: Water quantity and quality will be controlled in compliance with the Clearwater Comprehensive Plan. The entire area is located in either Flood Zone of AE or VE, but is entirely developed. Consequently, as the area is redeveloped, the natural environment will not be affected adversely. VI. LOCATION OF DISTRICT BOUNDARIES [Section 4-602 .F.6.] Recommended Findings of Fact: The location of the proposed Tourist (T) District boundaries are logical based on the historical use of this property and the remainder of the Old Florida District that is zoned as T that is not zoned for institutional or recreational uses. This rezoning will consolidate this site into the appropriate zoning district. It will blend into the existing zoning and uses of the Old Florida District. Recommended Conclusions of Law: The district boundaries are appropriately drawn in regard to location and classifications of streets and ownership lines. VII. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT CODE AND CITY REGULATIONS [Sections 2-701.1 & 4-602.F.1. and .2.] Recommended Findings of Fact: The existing future land use plan category and zoning district permits 30 dwelling units per acre. The proposed Resort Facilities High (RFO) land use category and Tourist (T) district also permits 30 dwelling units per acre, but also allows 40 units per acre for overnight accommodations. Staff Report - Commumty Development Board - December 20,2005 - Case LUZ2005-10013 Page 9 Recommended Conclusions of Law: The proposed use of this property as multi-family residential and overnight accommodations is consistent with the uses allowed within the development standards for the Tourist (T) zoning district. 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 FLUP from the Residential High (RH) category to the Resort Facilities High (RFH) category and a rezoning from the Medium High Density Residential (MHDR) to the Tourist (T) District for the subject site is requested. This 7.94 acre site is compatible with the proposed use of the property for multi-family attached dwellings and overnight accommodations, and the proposed future land use plan amendment and rezoning is compatible with the existing neighborhood. The remainder of the Old Florida District consists of multi-family residential dwellings, overnight accommodations, retail and public uses. The Planning Department recommends the following actions on the request based on the recommended findings of fact and recommended conclusions of law: a) Recommend APPROVAL of the Future Land Use Plan amendment from the Residential High (RH) Classification to the Resort Facilities H,igh (RFH) Classification; and b) Recommend APPROVAL of the rezoning from the Medium High Density Residential (MHDR) District to the Tourist (T) District. Prepared by Planning Department staff: ~~ Sharen J arzen, PI r III Attachments: Application Location Map Aerial Photograph of Site and Vicinity Land Use Plan Map Zoning Map Existing Surrounding Uses Site Photographs S IPlanmng DepartmentlC D BILand Use Amendments\LUZ 2005\LUZ2005-1 00 13 Old Flonda Dlstnct, City of CleafwaterlLUZ2005-1 00 13 Staff Report doc Staff Report - Community Development Board - December 20,2005 - Case LUZ2005-1 00 13 Page 10 "' i; ^' t" J f:"I:.(,r :::'h ... " .. ~\ i T j / \., , ~ " ,,(){l ~\::. II" "~ ....J;V>:>' ~"';' ~.\} ...--i." ,- ~~ I::; G'~~\, \II '!?/iYI'l ~ ~:- ~\S-t~~ - - 2~- ~--;~~~v. i ",11 -t'; - 'x. fli- ')C) ,..,<;'1l ''.. - '\"~'f) ~1?:~- " .~, :~~-;) ~ 'A:;I/"!;,, ,", ,-'\.'.~ ~ff/A"'#4AJJ' ~~<;'1 <=>"'#bAirE\to~~6 QUAg 00 CITY OF CLEARWATER PLANNING DEPARTMENT POS'I OFFICE Box 4748, Cl.EARWATER, FLORIDA 33758-4748 MUNICIPAl. SERVICES BUIlDING, 100 SOU1H MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAX (727) 562-4865 LONG RANGE PlANNING DEVELOPMENT REvIEW May 3, 2006 Ray Eubanks, Process Planning Manager Florida Department of Community Affairs Bureau of State Planning Plan Processing Section 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 RE: Second Submittal of Small Scale Future Land Use Plan Amendment for 2006 Dear Mr. Eubanks: Pursuant to Chapter 163.3187(1)( c), Florida Statutes, and Rule 9J -11, Florida Administrative Code, the City of Clearwater is hereby transmitting the second small scale Future Land Use Plan amendment adopted thus far in 2006. Currently, the total acres of small scale Plan amendments approved for 2006 is 15.267 acres. The adopting ordinance, public notice, maps and small scale Plan amendment submittal form are enclosed for the following amendment: 2005: City Case # LUZ2005-10013 7.94 acres If there are any questions, please contact Steven Brown, Long Range Planning Manager, via telephone at (727) 562-4558 or facsimile at (727) 562-4865. Thank you for your assistance in processing this amendment. Sincerely, Michael Delk, AICP Director Enclosures cc: Tampa Bay Regional Planning Commission FRANK HIBBARD, MAWJR 1311 LJOI\~ON, VI( r-MAYoR HOYI HAMil ION, COllN( II MI MIII'II * JOliN I)ORAI':, COl'!\( II \IDIIlI R CARlJ'N A 1'1 II R,J N, COlll':( II \11 IIBI R "EQlJAL EMI'l OYMEN'I AND AFFJl{MA'I'IVI A( lION EMI'l OH I{" ,r SMALL SCALE DEVELOPMENT AMENDMENT SUBMITTAL FORM 1. Name of Local Government ('; ry of ('1 p;:'lrW;:'lrpr Person completing this form stenen Yrown PLmnin" Phone number 727,15e2 Name of newspaper where notice of small scale development ~fidment was publisheJ 558 Tampa Tribune Date publication noticed 1 9 ,1 3 0 I 9 5 , 11,' 27,' 0 5 , 01,' 0 1/ 0 6 (Please attach a copy of the notice) 2. Number of acres of small scale development amendments contained in package: a. Within Urban Infill, Urban Redevelopment or Downtown Revitaliza- tion as defined by Section 163.3164, Florida Statutes (FS). 7 . 94 b. Within Transportation Concurrency Exception Area pursuant to Section 163.3180, FS c. Within Regional Activity Centers or Urban Central Business Districts pursuant to Section 380.06(2)(e), FS d. Outside categories a., b., and c. 3. Cumulative total number of acres of small scale development amendments for the calendar year: a. b. Categories listed in Item 2, a., b., and c. above. Categories listed in Item 2, d. above. 7 q4 7 1?7 4. Total number of acres of small scale development amendments in this package that are located within a coastal high hazard area as indentified in the comprehen- sive plan. 7 . 94 Pursuant to Rule 9J-l1.015(2), Florida Administrative Code, this form must be mailed with all small scale development amendments as defined by Section 163.3187(1)(c), FS to: Department of Community Affairs Bureau of State Planning Plan Processing Section 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 (850) 488-4925 FORM RPM-BSP-SMALL SCALE-1 Second Submittal 2006 Small Scale Development Amendments Second Amendment of 2006 LUZ 2005-10013 Old Florida District PROJECT SITE Atlas Page: 258A Site: From : To: .. KENDALL I I BAY D ROCKAWAY 3- Location Map Case: LUZ2005-10013 Residentially Zones Area of the Old Florida District Land Use RH RFH Zoning MHDR T Property Size (Acres): 7.94 Number of Parcels 43 fA ~ = @ WW Cl L> ::> '"rr ::>z ~ ~ ili~ ---f/ I ACACIA R rT STREET / '-- '\ /1 I I I I a> ~ -- -+- SOMERSET \ ~- r--, L1J \ \ \ :) - - z ~ - - J11 <( Ul " CAMBRIA STREET ~ - L1J Ei :) J11 Z i ~ FH ~ } IDLEWILD STREET ~ ~H ~ I r- .'- .1 ~ GLENDALE ST GULF ROYAL WAY .--- ~ ~ OF m l MEXICO ~ - HEILWOOD ST - ~ BAY - \ '\ RIDS ---IJ11 0 ~ AVA ~ - <( - .- I L j: ~ ~ RI~ IS - - L1J ---I Ul it rfH g - rJ) z T 5 - ,...- 0:: a. 1 0 JUANITA - KENDALL ST r-- ,.Y:tE!..- .AJ.....t. W>Y '--- ~ - 1 ~ INS ;z: rR c - I rr- [I J11 - Il \ \ \ \ Future Land Use Plan Map Atlas Page: 258A Case: LUZ2005-10013 Site: Residentially Zoned Area of the Old Property Size 7.94 Florida District (acres) Land Use Zoning From: N umber of 43 RH MHDR Parcels To: RFH T ORDINANCE NO. 7547-06 AN ORDINANCE OF THE CITY OF CLEARWATER, 'FLORIG>A.- AMENDING THE FUTURE LAND USE PLAN-'-~ - , ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY GENERALLY LOCATED ON CLEARWATER BEACH BETWEEN MANDALAY AVENUE AND THE GULF OF MEXICO BETWEEN KENDALL AND THE NORTH SIDE OF SOMERSET STREET EAST OF MANDALAY AVENUE IN THE OLD FLORIDA DISTRICT AS DESIGNATED BY BEACH BY DESIGN, THE SPECIAL AREA PLAN GOVERNING CLEARWATER BEACH FROM RESIDENTIAL HIGH TO RESORT FACILITIES HIGH; PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property as follows: Property See attached Exhibit A legal description (LUZ2005-10013) Future Land Use Plan Cateaorv From: Residential High To: Resort Facilities High Future Land Use Plan Map See attached Exhibit B Section 2. The City Council does hereby certify that this ordinance is consistent with the City's comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, subject to the approval of the land use designation by the Pinellas County Board of County Commissioners, and subject to a determination by the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act. pursuant to ~163.3189, Florida Statutes. The Community Development Coordinator is authorized to transmit to the Pinellas County Planning Council an application to amend the Countywide Plan in order to achieve Ordinance No 7547-06 ' consistency with the Future Land Use Plan Element of the City's comprehensive plan as amended by this ordinance. ---PASSED ON FIRST READING March- --2-. - 2006 PASSED ON SECOND AND FINAL READING AND ADOPTED March 16. 2006 =L~t/~ 'Frl:1'nk V. Hibbard Mayor Approved as to form: Attest: ~ ~:Ji,..o... Cynthia E. GQ>>deau City Clerk ' 2 Ordinance No 7547-06 EXHIBIT A Begin at NW corner of Lot 2, Block 1, of Clearwater Beach Subdivision, as recorded in plat book 11, page 5, of the public records of. Pinellas County Florida; thence South along the East line of Beach Drive, to the SW corner of the North ~ of Lot 2, Block 6; thence East along the South line of the North ~ of said Lot 2 and its Easterly extension, to the NE corner of Lot 13, said Block 6; thence South to the centerline of Avalon Street; thence West along the centerline of Avalon Street to the Northerly extension of the West line of Lot 5, Block 7; thence South to the SW corner of said Lot 5; thence East to the SE corner of Lot 7, said Block 7; thence North to the intersection of the Northerly extension of the West line of Lot 8, Block 2 of said Clearwater Beach Subdivision and the centerline of Somerset Street; thence East along said centerline to the centerline of Mandalay Avenue; thence South along said centerline to the centerline of Somerset Street; thence East along said centerline to the Southerly extension of the East line of Block 76 Mandalay Subdivision Unit 5 Replat, Plat Book 20 Page 48 of said public records; thence North to the NE corner of said Block 76; thence East to the Point of Beginning. 3 Ordinance No. 7547-06 - I!~ 1 I t--/ @ w~ ,.- 1 h H ~ I-- -1 ACACIA R 7 STREET - '\ /1 I 1 - - ~--- ~ SOMERSET r---, w \ P ~ f-- z ~ m ~ - CAMBRIA STREET w ~ ~ m z l ~FH I w n ~ I--- 100EWILO STREET ...,. ~H /: L I r- .n. ~ ~ - GLENDAlE ST GULF ROYAl WAY OF m n MEXICO I--- t-- I HEILWOOD ST I--- t-- n\~ - '\ RlOS ---'m f-"" AVA ~ ~ - \ ,.---- "V I L ~ R/~ IS l- I-- w f--- III ~ "'H - '" "K. m z IT 6 \..--- a: Q. 0 '-;,:;:- JUANITA KENOAlLST WAY - ,---- L..-.- ~ - ~ INS ~ , z I ~ ~fI c; ~ >---- m II \ Future Land Use Map Atlas Page: 258A Case: LUZ2005-10013 Site: Portions of Old Florida District Property size 8.0 (acres) Land Use Zoning From: RH (City) MHDR (City) # of parcels 43 To: RFH (City) T (City) Exhibit "B" Ordinance No. 7547-06 * * REVISED * * CITY OF CLEARWATER PUBLIC HEARING NOTICE LAND USE PLAN AND ZONING ATLAS AMENDMENTS NOTE: All persons wishing to address an item need to be present at the BEGINNING of the Community Development Board meeting. Those cases that are not contested by the applicant. staff. neighboring property owners. etc. will be placed on a consent agenda and approved by a single vote at the beginning of the meetinQ. The City of Clearwater, Florida, proposes to adopt the following ordinances: ORDINANCE NO. 7547-06 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY GENERALLY LOCATED ON CLEARWATER BEACH BETWEEN MANDALAY AVENUE AND THE GULF OF MEXICO BETWEEN KENDALL AND THE NORTH SIDE OF SOMERSET STREET EAST OF MANDALAY AVENUE IN THE OLD FLORIDA DISTRICT AS DESIGNATED BY BEACH BY DESIGN, THE SPECIAL AREA PLAN GOVERNING CLEARWATER BEACH FROM RESIDENTIAL HIGH TO RESORT FACILITIES HIGH; PROVIDING AN EFFECTIVE DATE. ORDINANCE NO. 7548-06 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN REAL PROPERTY GENERALLY LOCATED ON CLEARWATER BEACH BETWEEN MANDALAY AVENUE AND THE GULF OF MEXICO BETWEEN KENDALL STREET AND THE NORTH SIDE OF SOMERSET STREET EAST OF MANDALAY AVENUE IN THE OLD FLORIDA DISTRICT AS DESIGNATED BY BEACH BY DESIGN, THE SPECIAL AREA PLAN GOVERNING CLEARWATER BEACH FROM MEDIUM HIGH DENSITY RESIDENTIAL TO TOURIST; PROVIDING AN EFFECTIVE DATE. Schedule of Public Hearinas: ** Contd from 11/15/05 to Tuesday, December 20,2005 before the Community Development Board, at 2:00 p.m. **Thursday, January 19,2006 before the City Council (1st Reading), at 6:00 p.m. **Thursday. February 02,2006 before the City Council (2nd Reading), at 6:00 p.m. J All public hearings on the ordinances will be held in Council Chambers, 3rd floor of City Hall. 112 South Osceola Ave, Clearwater, Florida. (City of ClearwaterlA portion of the Old Florida District on Clearwater Beach) LUZ2005-10013 Interested parties may appear and be heard at the hearing or file written notice of approval or objection with the Planning Director or City Clerk prior to the hearing. Any person who decides to appeal any decision made by the Board or Council, with respect to any matter considered at such hearings. will need to request a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based per Florida Statute 286.0105. Community Development Code Sec 4-206 states that party status shall be granted by the Board in quasi-judicial cases if the person requesting such status demonstrates that s/he is substantially affected. Party status entitles parties to personally testify, present evidence, argument and witnesses, cross-examine witnesses, appeal the decision and speak on reconsideration requests, and needs to be requested and obtained during the case discussion before the CDB. An oath will be administered swearing in all persons giving testimony in quasi-judicial public hearing cases. If you wish to speak at the meeting, please wait to be recognized, then state and spell your name and provide your address. Persons without party status speaking before the COB shall be limited to three minutes unless an individual is representing a group in which case the Chairperson may authorize a reasonable amount of time up to 10 minutes. The Community Development Board will review the case and make a recommendation to the City CounCil for final disposition. Five days prior to the CDB meeting, staff reports and recommendations on the above requests will be available for review by interested parties between the hours of 8:30 a,m. and 4:30 p.m., weekdays, at the City of Clearwater, Planning Department, 100 S. Myrtle Ave., Clearwater, FL 33756. Please contact the Planning Department 562-4567 to discuss any questions or concerns about the project and/or to better understand the proposal. Michael Delk Cynthia E. Goudeau, CMC Planning Director City Clerk City of Clearwater PO, Box 4748, Clearwater, FL 33758-4748 A COPY OF THIS AD IN LARGE PRINT IS AVAILABLE IN OFFICIAL RECORDS & LEGISLATIVE SERVICES. ANY PERSON WITH A DISABILITY REQUIRING REASONABLE ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING SHOULD CALL (727) 562-4093 WITH THEIR REQUEST. Ad: 10/30/05, 11/27/05, & 01/01/06 .. I, Jarzen, Sharen From: Sent: To: Cc: Subject: Jarzen, Sharen Monday, April 03, 2006 3:56 PM 'Brinson, Ryan' Brown, Steven RE: Rezoining Case (LUZ2005-10013) for the Old Florida Distnct Related to Beach by Design Hi Ryan, just for the record (mainly for our case file), this is to confirm that according to our conversation, at least at this point, you already have any necessary maps for this case and do not need anything else. Thanks for your help. Sharen Jarzen, AICP Planning Department City of Clearwater 727-562-4626 -----Original Message----- From: Brinson, Ryan [mailto:rbrinson@co.pinellas.fl.us] Sent: Monday, April 03, 2006 11:45 AM To: Jarzen, Sharen Subject: RE: Rezoining Case (LUZ2005-10013) for the Old Florida District Related to Beach by Design You said that the Map changed as well? Could I please have a copy of that too. -----Original Message----- From: Sharen.Jarzen@myClearwater.com [mailto:Sharen.Jarzen@myClearwater.com] Sent: Monday, April 03, 2006 11:44 AM To: Brinson, Ryan Cc: Steven.Brown@myClearwater.com Subject: Rezoining Case (LUZ2005-10013) for the Old Florida District Related to Beach by Design Ryan, attached is the revised staff report that is in conformance with the most recent ordinance. <<LUZ2005-10013 Staff Report to PPC Based on City Council Final Version. doc>> Sharen Jarzen, AICP Planning Department City of Clearwater 727-562-4626 1 '.., Jarzen, Sharen From: Sent: To: Subject: Jarzen, Sharen Tuesday, April 11 J 20068:14 AM Brown, Steven RE: PAC 4/10/06 Thanks! Sharen Jarzen, AICP Planning Department City of Clearwater 727-562-4626 -----Onginal Message----- From: Brown, Steven Sent: Monday, April 10, 20064:18 PM To: Delk, Michael; Clayton, Gina; Jarzen, Sharen Subject: PAC 4/10/06 At the PAC meeting today, the Beach by Design amendments were recommended for approval and moved on to the PPC. At that same meeting ANX2005-09033 was also recommended for approval. Steven " 1 Jarzen, Sharen From: Sent: To: Subject: Brown, Steven Monday, April 1 0, 20064 18 PM Delk, Michael; Clayton, Gina; Jarzen, Sharen PAC 4/10/06 At the PAC meeting today, the Beach by Design amendments were recommended for approval and moved on to the PPC At that same meeting ANX2005-09033 was also recommended for approval Steven 1 Jarzen. Sharen From: Sent: To: Subject: Bnnson, Ryan [rbrinson@co pinellas.fl.us] Wednesday, Apnl 05, 2006 8 22 AM Jarzen, Sharen RE, Rezolnlng Case (LUZ2005-10013) for the Old Flonda Dlstnct Related to Beach by Design Thanks Sharen I believe we have everything thanks for your help. Ryan -----Original Message----- From: Sharen.Jarzen@myClearwater.com [mailto:Sharen.Jarzen@myClearwater.com] Sent: Monday, April 03, 2006 3:56 PM To: Brinson, Ryan Cc: Steven.Brown@myClearwater.com Subject: RE: Rezoining Case (LUZ2005-10013) for the Old Florida District Related to Beach by Design Hi Ryan, just for the record (mainly for our case file), this is to confirm that according to our conversation, at least at this point, you already have any necessary maps for this case and do not need anything else. Thanks for your help. Sharen Jarzen, AICP Planning Department Clty of Clearwater 727-562-4626 -----Original Message----- From: Brinson, Ryan [mailto:rbrinson@co.pinellas.fl.us] Sent: Monday, April 03, 2006 11:45 AM To: Jarzen, Sharen Subject: RE: Rezoining Case (LUZ2005-10013) for the Old Florida District Related to Beach by Design You said that the Map changed as well? Could I please have a copy of that too. -----Original Message----- From: Sharen.Jarzen@myClearwater.com [mailto:Sharen.Jarzen@myClearwater.com] Sent: Monday, April 03, 2006 11:44 AM To: Brinson, Ryan Cc: Steven.Brown@myClearwater.com Subject: Rezoining Case (LUZ2005-10013) for the Old Florida District Related to Beach by Design Ryan, attached is the revised staff report that is in conformance with the most recent ordinance. <<LUZ2005-10013 Staff Report to PPC Based on City Council Final Version. doc>> Sharen Jarzen, AICP Planning Department City of Clearwater 727-562-4626 1 Page 1 of3 Jarzen, Sharen From: Brown, Steven Sent: Wednesday, April 05, 2006751 AM To: Clayton, Gma; Jarzen, Sharen, Ready, Cky, Reynolds, Mike Subject: FW, Land Use Cases for April 06 - PPC's preliminary recommendation follow-up -----Original Message----- From: Brinson, Ryan [mailto:rbrinson@co.pinellasJl.us] Sent: Tuesday, April 04, 2006 3:31 PM To: bbray@ pinel las-park. com; buildinginspector@townofredingtonshores.com; cstrickl@largo.com; dneal@pinellas-park.com; dtaylor@irbcity.com; fairchilds@PCSB.org; fmetcalf@ci.gulfportJl.us; Clayton, Gina; gparadise@ci.oldsmar.fl.us; jdow@dunedinfl.net; jspeece@stpetebeach.org; julie. weston@stpete.org; kcampbell@dunedinfl.net; kholley@stpetebeach.org; Inayman@myindianshores.com; lrosetti@ci.treasure- island. fl. us; mbobowski@ci.seminole. fl. us; mdauph inais@ci.oldsmar.fl.us; mdelk@myclearwater.com; mely@ci.seminole.fl.us; millerj@PCSB.org; pcohen@ci.madeira-beach.fl.us; pklipple@ci.gulport.f1.us; rFhatman@ci.tarpon-springs.fl.us; rick. macaulay@stpete.org; rjarzen@largo.com; rpianta@cityofsafetyharbor.com; rri nzivillo@cityofsafetyharbor . com; rvi ncent@ci.tarpon-springs.fl. us; sdemerritt@mytreasureisland.org; Beardslee, Gordon R; Cueva, John F; Cassel, Paul T; Brown, Steven Cc: Healey, David P; Spratt, Stephen M Subject: Land Use Cases for April 06 - PPC's preliminary recommendation follow-up PLANNERS ADVISORY COMMITTEE ADVANCE NOTICE OF STAFF RECOMMENDA TIONS COUNTYWIDE PLAN MAP AMENDMENTS FOR APRIL OF 2006 The Pinellas Planning Council (PPC) and the Board of County Commissioners, in their capacity as the Countywide Planning Authority (CPA), will conduct public hearings on proposed map amendments to the "Countywide Future Land Use Plan for Pinellas County" (Countywide Plan Map), pursuant to the "Rules Concerning the Administration of the Countywide Future Land Use Plan," as amended (Countywide Rules), as set forth in the listing below. The PAC meeting date will be held on Monday, April 10, 2006, at 1 :30 PM. The PPC public hearing will be held on Wednesday, April 19, 2006, at 1 :00 PM. The CPA public hearing will be held on Tuesday, May 2, 2006, at 9:30 AM. The proposed Countywide Plan Map amendments are listed as follows: 1 ) CW 06-15 - Submitted by Pinellas County - 8.3 acres From: Industrial General To: Residential Urban and Recreation/Open Space Located on the south side of 52nd Avenue, southwest of the CSX railroad, north of Joe's Creek. 5/5/2006 Page 2 of3 Staff Recommendation: Amendment to RU and RlOS be approved. 2) CW 06-16 - Submitted by Pinellas County - 9.0 acres From: Industrial General To: Residential Urban and Recreation/Open Space Located on the southwest side of the CSX railroad, approximately 850 feet south of 54th Avenue N. Staff Recommendation: Amendment to RU and RlOS be approved. 3) CW 06-17 - Submitted by Pinellas County - 0.5 acres From: Residential Urban To: Commercial General Located on the north side of 21st Avenue SE, approximately 150 feet east of Seminole Boulevard. Staff Recommendation: Amendment to CG be approved. 4) CW 06-18 - Submitted by Pinellas County - 1.0 acre From: Residential Urban with Water/Drainage Feature Overlay, Residential/Office/Retail, and Preservation with Water/Drainage Feature Overlay To: Residential/Office/Retail Located approximately 280 feet west of US Alternate 19 and 440 feet south of Ulelah Avenue. Staff Recommendation: Amendment to RlO/R be approved. 5) CW 06-19 - Submitted by Dunedin - 0.2 acres From: Right of Way To: Residential Low Located on the west side of Belcher Road, west of Curlew Avenue. Staff Recommendation: Amendment to RL be approved. 6) CW 06-20 - Submitted by Redington Shores - 0.05 acres From: Residential High To: Residential/Office/Retail Located on the west side of Gulf Boulevard, approximately 160 feet south of 177th Terrace West. Staff Recommendation: Amendment to RlO/R be approved. 7) CW 06-21 - Submitted by Largo - 7.5 acres From: Industrial Limited To: Institutional 5/5/2006 Page 3 of3 Located on the north side of 142nd Avenue N., approximately 1,300 feet west of 58th Street N. Staff Recommendation: Amendment to I be approved. 8) CW 06-22 - Submitted by Largo - 4.5 acres From: Industrial Limited To: Institutional Located on the southeast corner of 58th Street N. and Myerlake Circle. Staff Recommendation: Amendment to I be approved. 9) CW 06-23 - Submitted by Largo - 2.3 acres From: Institutional To: Commercial General Located on the southeast corner of Walsingham Road and 137th Street N. Staff Recommendation: Amendment to CG be approved. 10) CW 06-24 - Submitted by Clearwater - 1.8 acres From: Commercial General To: Institutional Located on the north side of NE Coachman Road, approximately 170 feet west of Belcher Road. Staff Recommendation: Amendment to I be approved. 11 ) SPC 06-1 - Submitted by Clearwater Substantive amendments to Beach by Deign, which is a Special Area Plan for the Community Redevelopment District (CRD) on the Countywide Plan Map for a portion of Clearwater Beach. Staff Recommendation: Amendments to Beach by Design be approved. 5/5/2006 Jarzen. Sharen From: Sent: To: Cc: Subject: Jarzen, Sharen Monday, April 03, 2006 3 56 PM 'Brinson, Ryan' Brown, Steven RE, Rezoinlng Case (LUZ2005-1 0013) for the Old Florida District Related to Beach by Design Hi Ryan, just for the record (mainly for our case file), this is to confirm that according to our conversation, at least at this point, you already have any necessary maps for this case and do not need anything else. Thanks for your help. Sharen Jarzen, AICP Planning Department City of Clearwater 727-562-4626 -----Original Message----- From: Brinson, Ryan [mailto:rbrinson@co.pinellas.fl.us] Sent: Monday, April 03, 2006 11:45 AM To: Jarzen, Sharen Subject: RE: Rezoining Case (LUZ2005-10013) for the Old Florida District Related to Beach by Design You said that the Map changed as well? Could I please have a copy of that too. -----Original Message----- From: Sharen.Jarzen@myClearwater.com [mailto:Sharen.Jarzen@myClearwater.com] Sent: Monday, April 03, 2006 11:44 AM To: Brinson, Ryan Cc: Steven.Brown@myClearwater.com Subject: Rezoining Case (LUZ2005-10013) for the Old Florida District Related to Beach by Design Ryan, attached is the revised staff report that is in conformance with the most recent ordinance. <<LUZ2005-10013 Staff Report to PPC Based on City Council Final Version. doc>> Sharen Jarzen, AICP Planning Department City of Clearwater 727-562-4626 1 Jarzen. Sharen From: Sent: To: Subject: Jarzen, Sharen Monday, April 03, 2006 11 :49 AM 'Brinson, Ryan' RE' Rezoining Case (LUZ2005-1 0013) for the Old Florida District Related to Beach by Design The maps associated with this case don't change. I just sent you the e-mail regarding the maps. Please call if any questions. Sharen Jarzen, AICP Planning Department City of Clearwater 727-562-4626 -----Original Message----- From: Brinson, Ryan [mailto:rbrinson@co.pinellas.fl.us] Sent: Monday, April 03, 2006 11:45 AM To: Jarzen, Sharen Subject: RE: Rezoining Case (LU22005-10013) for the Old Florida District Related to Beach by Design You said that the Map changed as well? Could I please have a copy of that too. -----Original Message----- From: Sharen.Jarzen@myClearwater.com [mailto:Sharen.Jarzen@myClearwater.com] Sent: Monday, April 03, 2006 11:44 AM To: Brinson, Ryan Cc: Steven.Brown@myClearwater.com Subject: Rezoining Case (LU22005-10013) for the Old Florida District Related to Beach by Design Ryan, attached is the revised staff report that is in conformance with the most recent ordinance. <<LU22005-10013 Staff Report to PPC Based on City Council Final Version. doc>> Sharen Jarzen, AICP Planning Department City of Clearwater 727-562-4626 1 Jarzen, Sharen From: Sent: To: Cc: Subject: . Jarzen, Sharen Monday, April 03, 2006 11 44 AM Ryan Brinson (E-mail) Brown, Steven Rezolning Case (LUZ2005-1 0013) for the Old Flonda Dlstnct Related to Beach by Design Ryan, attached IS the revised staff report that is In conformance with the most recent ordinance, ~ LUZ200S-10013 Staff Report to ... Sharen J arzen, AICP Planning Department City of Clearwater 727-562-4626 1 CDB Date: Case Number: Owner! Applicant: Representative: Address: Agenda Item: December 20, 2005 LUZ2005-1 00 13 City of Clearwater Planning Department Old Florida District D-3, CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT BACKGROUND INFORMATION REQUEST: (a) Future Land Use Plan amendment from the Residential High (RR) Classification to the Resort Facilities High (RFH) Classification; and (b) Rezoning from the Medium High Density Residential (MHDR) District to the Tourist (T) District. SITE INFORMATION PROPERTY SIZE: 7.94 acres PROPERTY USE: Current Use: Proposed Use: Single Family Residential, Multi-Family Residential & Overnight Accommodations Multi-Family Residential, Overnight Accommodations & Restaurants PLAN CATEGORY: Current Category: Proposed Category: Residential High (RR) Classification Resort Facilities High (RFH) Classification ZONING DISTRICT: Current District: Proposed District: Medium High Density Residential (MHDR) District Tourist (T) District ' EXISTING SURROUNDING USES: North: Single Family Residential South: Residential, Retail & Overnight Accommodations East: Residential, Retail & Overnight Accommodations West: Gulf of Mexico Revised Staff Report - City Council- Apnl3, 2006 - Case LUZ2005-09012 Page 1 ANALYSIS: The Planning Department undertook a study of the Old Florida District on Clearwater Beach to ,clarify the vision of the District and to eliminate any discrepancies between Beach by Design, the special area plan governing Clearwater Beach and the underlying land use and zoning. As a result of the ideas generated by four public meetings, as well as policy direction provided by City Council on August 29, 2005 and January 19, 2006, the Planning Department has developed amendments to Beach by Design. Currently the Plan specifies that the "preferred form of development" include townhomes and single-family dwellings mid-rise in height. The proposed amendments specify that new development be in the form of attached dwellings and overnight accommodations throughout the District, as well as commercial uses along Mandalay Avenue, with waterfront restaurants along the Gulf of Mexico. Additionally, the amendments provide for a maximum building height of75 feet in areas located 60 feet south of Somerset Street. At present, the Old Florida District has future land use plan (FLUP) designations of Resort Facilities High and High Density Residential and zoning categories of Tourist and Medium High Density Residential. In order to implement the proposed revisions to Beach by Design, it is necessary to amend the residentially designated area of the District (see Future Land Use Plan Map). This Future Land Use Plan (FLUP) amendment and rezoning application involves 43 parcels of land, approximately 7.94 acres in area generally located on Clearwater Beach between Mandalay Avenue and the Gulf of Mexico between Kendall Street and the north side of Somerset Street. A mix of single-family residential, multi-family residential and overnight accommodation uses currently occupies the area. The site has a FLUP designation of Residential High (RH) and is zoned as a Medium High Density Residential (MHDR) District. These designations allow residential uses up to 30 units per acre and up to 50 feet in height. In order to allow the additional use of overnight accommodations and development up to 75 feet in height, as proposed in the amendments to Beach by Design, the Planning Department is requesting to amend the FLUP designation of the site to the Resort Facilities High (RFH) classification and to rezone it to the Tourist District. The Planning Department is also requesting that Beach by Design be amended to increase the allowable density of overnight accommodations from 40 units per acre to 50 units per acre. (See companion amendment to Beach by Design special area plan.) In accordance with the Countywide Plan Rules, the land use plan amendment is subject to approval by the Pinellas Planning Council and Board of County Commissioners acting as the Countywide Planning Authority. I. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN [Section 4-603.F.l] 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: ReVIsed Staff Report - City Council- Apnl3, 2006 - Case LUZ2005-10013 Page 2 2.1.2 Policy - Renewal of the beach tourist district shall be encouraged through the establishment of distinct districts within Clearwater Beach, the establishment of a limited density pool of additional hotel rooms to be used in specified geographic areas of Clearwater Beach, enhancement of public rights-of-way, the vacation of public rights-of- way when appropriate, transportation improvements, inter-beach and intra-beach transit, transfer of development rights and the use of design guidelines, pursuant to Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines. 2.2 Objective - The City of Clearwater shall continue to support innovative planned development and mixed land use development techniques in order to promote infill development that is consistent and compatible with the surrounding environment. 2.2.1 Policy - On a continuing basis, the Community Development Code and the site plan approval process shall be utilized in promoting infill development and/or planned developments that are compatible. 3.0 Goal - A sufficient variety and amount of future land use categories shall be provided to accommodate public demand and promote infill development. 5.1.1 Policy - No new development or redevelopment will be permitted which causes the level of City services (traffic circulation, recreation and open space, water, sewage treatment, garbage collection, and drainage) to fall below minimum acceptable levels. However, development orders may be phased or otherwise modified consistent with provisions of the concurrency managem'ent system to allow services to be upgraded concurrently with the impacts of development. Recommended Conclusions of Law: The proposed plan amendment is 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 Resort Facilities High (RFH) category, as specified in Section 2.3.3.4.6 of the Countywide Rules, is to designate areas in the County that are now developed, or appropriate to be developed, in high density residential and resort, tourist facility use; and to recognize such areas as well-suited for the combination of residential and transient accommodation use consistent with their location, surrounding uses, transportation facilities and natural resource characteristics of such areas. The Resort Facilities High (RFH) category is generally appropriate to locations where unique recreational assets warrant the combination of permanent and temporary accommodations in close proximity to and served by the arterial and major thoroughfare network, as well as by mass transit. New development at this density will be discouraged in coastal high hazard areas and evacuation level "A" areas. Revised Staff Report - City Council- April 3, 2006 - Case LUZ2005-10013 Page 3 This area of Old Florida is located along the Gulf of Mexico and is accessed by Mandalay Avenue, which is the major north-south arterial on North Clearwater Beach. The area is also served by mass transit by the Pinellas Suncoast Transit Authority. Additionally, this area is currently developed with a variety of residential and overnight accommodation uses and is adjacent to RFH designated land to the immediate east and south. Based on historical development patterns and current uses, this area has functioned as a tourist area. The current underlying future land use plan designation of Residential High allows residential development at 30 units per acre, which is consistent with the density allowed by the RFH land use category. The RFH designation would also allow overnight accommodation uses at a density of 40 units per acre. It should be noted however, that the emerging pattern of redevelopment has been residential in character throughout the entire Old Florida District. It should also be noted that the Planning Department, in a companion agenda item amending Beach by Design, is requesting to increase the allowable density of overnight accommodations from 40 units per acre to 50 units per acre. 'The Pinellas Planning Council (PPC) and Countywide Planning Authority (CPA) have policies that specifically address Countywide Future Land Use Plan amendments in the Coastal High Hazard Area (CHHA). The policy specifies that such amendments should generally be denied. However, approval may be granted upon a balancing of the following criteria, as determined applicable and significant to the amendment. A. Distinction between direct storm damage and damage to evacuation routes. The subject site is susceptible to storm damage due to the site's location on both the Intracoastal Waterway and the Gulf of Mexico in an AE flood zone, with the very western edge being located in a VE flo'od zone. The evacuation route is in close proximity to the Memorial Causeway Bridge via Mandalay Avenue. This evacuation route is adequate to serve the existing and proposed land use category. B. Access to Emergency Shelter Space and Evacuation Routes. Currently there is a shortage of emergency shelters countywide. However, as there is no change in the allowable residential density between the current zoning and future land use and the proposed zoning and future land use, there should be no increase in the residential density. Emergency shelter planning provides for a percentage of residents that will utilize family, friend or hotel accommodations during evacuation situations and not emergency shelter space. As there is no increase in the allowable residential density, it will not have a negative impact on shelter space or evacuation routes. C. Utilization of Existing and Planning Infrastructure. This criterion is not applicable since the use of the site for the proposed residential purposes will not require the expenditure of public funds for the construction of new, unplanned infrastructure. D. Utilization of Existing Disturbed Areas. This criterion is not applicable since the site is currently developed and not a natural area. Revised Staff Report - City Council- Apn13, 2006 - Case LUZ2005-10013 Page 4 E. Maintenance of Scenic Oualities and Improvement of Public Access to Water. The subject site currently provides public access to the Gulf of Mexico at the end of the east- west streets that terminate at the Gulf. This will not change if the proposed amendment is adopted. F. Water Dependent Use. The site is currently occupied by residential and tourist areas, and not a water dependent use. G. Integral Part of Comprehensive Planning Process. The requested amendment has been initiated by the City of Clearwater as an integral part of its comprehensive planning process consistent with the City of Clearwater Comprehensive Plan. H. Part of Community Redevelopment Plan. The subject site is part of the Clearwater Beach Community Redevelopment District (CRD). The special area plan known as Beach by Design governs development in this area. The proposed land use plan amendment will implement revisions being processed concurrently to Beach by Design to allow overnight accommodations in this part of the CRD. I. Overall Reduction of Density or Intensity. The proposed amendment to the Resort Facilities High (RFH) category would allow a maximum permitted residential density of 30 dwelling units per acre, which is the same density as permitted by the current Residential High (RH) category. The proposed RFH category would also allow overnight accommodations at 50 units per acre and a companion agenda item includes an amendment to Beach by Design, which would increase this density to 50 units per acre. As the RFH category also allows tourist facilities, the companion amendment to Beach by Design will provide for waterfront restaurants on properties fronting the Gulf of Mexico. The allowable residential density under the existing and proposed land use categories could result in a maximum of238 dwelling units if the entire 7.94 acres is developed with residential uses. Based on redevelopment trends occurring in this area of Clearwater Beach, as well as throughout Pinellas County, it is likely that the pattern of residential redevelopment will continue. Even if a portion of this area is redeveloped with overnight accommodations, no net increase in density in the Coastal High Hazard Area will occur because the Countywide Rules consider 50 hotel units per acre equivalent to 30 residential units per acre. J. Clustering of Uses. The entire site is located within the Coastal High Hazard Area, therefore clustering uses of a portion of the site outside the CHHA is not possible. Recommended Conclusions of Law: The proposed plan amendment is consistent with the purpose and locational characteristics of the Countywide Plan. Revised Staff Report - CIty Councll- Apnl3, 2006 - Case LUZ2005-10013 Page 5 III. COMPATIBILITY WITH SURROUNDING PROPERTY/CHARACTER OF THE CITY & NEIGHBORHOOD [Sections 4-602.F.2 & 4-603.F.3] Recommended Findings of Fact: A variety of uses characterize the area to the east and south of the site. They include a mix of retail, residential and overnight accommodations. The area to the north is occupied by single family residences, while the area to the west is the Gulf of Mexico. The proposed Future Land Use Plan (FLUP) designation and rezoning are in character with the overall FLUP designation in the area and are compatible with the surrounding uses. The proposed Resort Facilities High (RFH) classification is consistent with the proposed use of the area for multi-family dwelling units, overnight accommodations and tourist facilities. Through a concurrent amendment to Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines (BBD), only waterfront restaurants will be allowed in the area proposed to be rezoned. The change in the zoning from Medium High Density Residential (MHDR) to Tourist (T) is more compatible with the proposed height of certain portions of the district being permitted to 75 feet. Recommended Conclusions of Law: The proposed plan and zoning atlas amendments are compatible with surrounding properties and the character of the City and neighborhood. IV. SUFFICIENCY OF PUBLIC FACILITIES Recommended Findings of Fact: As stated earlier, the overall subject site is approximately 7.94 acres in area and is presently occupied by single family and multi-family residential, as well as overnight accommodations. The applicant is requesting to amend the FLUP designation of the site to the Resort Facilities High (RFH) and to rezone it to the Tourist (T) District. The current FLUP Residential High (RR) category permits a primary use of only residential. However, the Resort Facilities High (RFH) category permits the development of both residential and transient accommodations, as well as tourist facilities and offices. Roadways The accepted methodology for reviewing the transportation impacts of proposed plan amendments is based on the Pinellas Planning Council's (PPC's) traffic generation guidelines. The PPC's traffic generation rates have been calculated for the subject site based on the existing and proposed FLUP categories and are included in the next table that examines the maximum potential traffic of the future land use plan amendment from the Residential High (RR) to the Resort Facilities High (RFH) classification. Based on the 2005 Pinellas County Metropolitan Planning Organization (MPO) Level of Service Report, the segment of Mandalay Avenue in the Level of Service (LOS) Report that is most affected by traffic in the Old Florida District is the one that runs from Royal Way south to Pier 60 that has a LOS ofC. Revised Staff Report - CIty Council- April 3, 2006 - Case LUZ2005-10013 Page 6 Maximum Dail Added Potential Tri s Maximum PM Peak Hour Added PotentIal Tn S3 V olume of Mandalay Avenue from EI Dorado CIrcle to Pier 60 13,939 15,392 16,400 1,008 LOS of Mandalay Avenue from Royal Way to Pier 60 C C C C N/ A = Not A hcable LOS = Level of SerYlce 1 = Based on PPC calculatIOns oftn s er acre er da for the ResidentIal Suburban Future Land Use Cate 0 2 = Based on PPC calculations oftn s er acre er da for the ResidentIal Low MedIUm Future Land Use Cate 0 3 = Based on MPO K-factor of 0,095 Source "The Coun Wide Plan Rules", as amended throu h Au ust 8, 2005 b the Pmellas Plannm CouncIl. Traffic from the subject site will be distributed to Mandalay Avenue. The site is currently accessed from the north and south along the beach corridor via that roadway. The proposed FLUP category of Resort Facilities High (RFH) could generate an increase in PM peak hour traffic on this segment of Mandalay Avenue by a total of96 trips. Based on the volume/capacity ratio that takes into account the signalization and number of lanes, it will not result in the degradation of the existing LOS to the surrounding road network according to the City of Clearwater Engineering Department. Additionally, the concurrent Beach by Design amendment will preclude commercial or office uses from developing in this area. Specific uses that are permitted in the current and proposed zoning districts have also been analyzed for the level of vehicle trips that could be generated based on the Institute of Transportation Engineer's Trip Generation report. Please note that detached dwellings will not be permitted in the proposed zoning and future land use plan, but overnight accommodations will be. Below is this comparison in the change of land use that will be permitted. High-Rise ResidentIal CondominiumlT ownhouse Pro High-Rise ResidentIal CondominiumlT ownhouse Hotel N/A 996 o 91 o 3,243 2,247 242 151 The City of Clearwater Engineering Department has concluded that the transportation impacts associated with this land use plan amendment will not result in the degradation of the existing Revised Staff Report - City Council- Apnl3, 2006 - Case LUZ2005-10013 Page 7 LOS to the surrounding road network. The LOS in that section of Mandalay Avenue will not be degraded if the site is used for overnight accommodations. Mass Transit The Citywide LOS for mass transit will not be affected by the proposed plan amendment. The total miles of fixed route service will not change; the subject site is located along an existing transit route named the Suncoast Beach Trolley with service along Mandalay Avenue from approximately 6:30 AM to 9:20 PM and virtually all headways are less than or equal to one hour. Service is provided by the Pinellas Suncoast Transit Authority (PST A) and the Trolley connects at various points to five different bus routes along the beach area, as well as has access to the Park Street Terminal in downtown Clearwater. Water The current and proposed FLUP categories could use up to 59,550 gallons per day. The proposed land use will not negatively affect the City's current LOS for water. Wastewater The current and proposed FLUP categories could produce up to 47,640 gallons per day. The proposed land use amendment will not negatively affect the City's current LOS for wastewater. Solid Waste The current and proposed FLUP categories would result in the production of 604 tons of solid waste per year. The proposed land use and plan amendment will not negatively affect the City's current LOS for solid waste disposal. Recreation and Open Space The proposed future land use plan and zoning designations could permit the development of up to 238 units. However, payment of an Open Space, Recreation Land and Recreation Facility impact fee will not be required at this time; impact fees will be required as the sites are redeveloped with new uses that result in an increase in units. The amount and timing of this fee is dependent on the number of developed units and will be addressed and paid during the site plan reVIew process. Recommended Conclusions of Law: It has been determined that the traffic generated by this plan amendment will not result in the degradation of the existing LOS to the surrounding road network. It has also been determined that the amendment and rezoning will not negatively affect the City's current level of service for mass transit, water, wastewater, solid waste, or recreation and open space. Based on the findings above, the proposed FLUP and rezoning does not require nor affect the provision of public services in a negative manner. Revised Staff Report- City CouncIl- Apn13, 2006 - Case LUZ2005-10013 Page 8 V. IMPACT ON NATURAL ENVIRONMENT [Section 4-603.F.5.] Recommended Findings of Fact: As properties are redeveloped, site plan approval will be required. At that time, the stormwater management system will be required to meet all City and Southwest Florida Water Management District (SWFWMD) stormwater management criteria. Recommended Conclusions of Law: Water quantity and quality will be controlled in compliance with the Clearwater Comprehensive Plan. The entire area is located in either Flood Zone of AE or VE, but is entirely developed. Consequently, as the area is redeveloped, the natural environment will not be affected adversely. VI. LOCATION OF DISTRICT BOUNDARIES [Section 4-602 .F.6.] Recommended Findings of Fact: The location of the proposed Tourist (T) District boundaries are logical based on the historical use of this property and the majority of the remainder of the Old Florida District which is zoned as T. This rezoning will consolidate this site into the appropriate zoning district. It will blend into the existing zoning and uses of the Old Florida District. Recommended Conclusions of Law: The district boundaries are appropriately drawn in regard to location and classifications of streets and ownership lines. VII. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT CODE AND CITY REGULATIONS [Sections 2-701.1 & 4-602.F.1. and .2.] Recommended Findings of Fact: The existing future land use plan category and zoning district permits 30 dwelling units per acre. The proposed Resort Facilities High (RFO) land use category also permits 30 dwelling units per acre, but also allows 50 units per acre for overnight accommodations. The proposed accompanying amendments will also allow 50 units per acre in the Tourist (T) zoning district. Recommended Conclusions of Law: The proposed use of this property as multi-family residential and overnight accommodations is consistent with the uses allowed within the Tourist (T) zoning district. 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. Revised Staff Report - City Council- April 3, 2006 - Case LUZ2005-10013 Page 9 SUMMARY AND RECOMMENDATIONS An amendment of the FLUP from the Residential High (RH) category to the Resort Facilities High (RFH) category and a rezoning from the Medium High Density Residential (MHDR) to the Tourist (T) District for the subject site is requested. This 7.94 acre site is compatible with the proposed use of the property for multi-family attached dwellings, overnight accommodations and restaurants, and the proposed future land use plan amendment and rezoning is compatible with the existing neighborhood. The remainder of the Old Florida District consists of multi-family residential dwellings, overnight accommodations, retail and public uses. The Planning Department recommends the following actions on the request based on the recommended findings of fact and recommended conclusions of law: a) Recommend APPROVAL of the Future Land Use Plan amendment from the Residential High (RH) Classification to the Resort Facilities High (RFH) Classification; and b) Recommend APPROVAL of the rezoning from the Medium High Density Residential (MHDR) District to the Tourist (T) District. Prepared by Planning Department staff: Sharen J arzen, Planner III Attachmen ts: Application Location Map Aerial Photograph of Site and Vicinity Land Use Plan Map Zoning Map Existing Surrounding Uses Site Photographs S, IPlannmg DepartmentlC D BILand Use AmendmentslLUZ 20051LUZ2005-1 0013 Old FlOrida District, CIty of ClearwaterlLUZ2005-l 0013 Staff Repor to PPC Based on CIty CounCil Fmal VersIOn doc Revised Staff Report - City Council- Apn13, 2006 - Case LUZ2005-10013 Page 10 Jarzen, Sharefll From: Sent: To: Subject: Jarzen, Sharen Friday, March 31, 20062:49 PM Ryan Srinson (E-mail) SSD Ryan, attached are part of the graphics you requested. I'll have to send the staff photo page separately because of Its size Let me know if you need anything else, ~ ~ ~ ~ LUZ200S-10013, LUZ200S-1 00 13, LUZ200S-10013, LUZ200S-10013, Aenal.doc Location.doc Surrounding Use... Zoning.doc ~ LUZ200S-10013, Future Land Use... Sharen Jarzen, AICP Planning Department City of Clearwater 727-562-4626 1 Atlas Page: Site: From: To: Aerial Photograph 258A Case: LUZ2005-10013 Residentially Zoned Area of the Old Florida District Property Size (acres) 7.94 Land Use Zoning RH MHDR Number of Parcels 43 RFH T PROJECT SITE Atlas Page: 258A Site: From: To: z <( :::E .. KENDALL I I BAY D ROCKAWAY 3~ ROYAL AY U ~ BAY <( F m ti:i 9. "0 CIl "0 ,. Juanita Z ;o\Jl' - c Z D~ (j) ~ (TI ESPLANADE w Location Map Case: LUZ2005-10013 Residentially Zones Area of the Old Florida District Land Use RH RFH Property Size (Acres): 7.94 Zoning MHDR Number of Parcels 43 T ----1 nrr Jl 8 ~ -" "'- ACACI.A:~in!!le Fan- / I @ WW ~ffi lD~f-- n' I ~EET I ~__l__ '< SOMERSET CAMBRIA STREET w ~E> ~ A~co 1111 q[fatlons z w :;c \ \--"1 ~ - I'U' II m C/l " ~ ~ m i ----.J ~ I IDLE\NI LD STREET I r T1 ~ '.. .... .... 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'---- ~ w" ~ - \ \ I ~ c I l m - I \ \ Zoning Map Atlas Page: 258A Case: LUZ2005-10013 Site: Residentially Zoned Area of the Old Property Size 7.94 Florida District (acres) Land Use Zoning From: Number of 43 RH MHDR Parcels To: RFO T u~ 1 WW I I I CID ,,'" I I ~ ~ ~l "'z 0: W " ffi "'~ I o > I----- I o . \ ACACIA R rT I ""- STREET '\ /1 I I OJ ~~ ---- ~ . u. SOMERSET \ ,--- \ ----"l w \ ::> - - z m\ w ~ I--- - C/l ." CAMBRIA STREET ~ - w ~ I--- - ::> m z .FHI w ~ F - ~ IDLE\IIIILD STREET TIi ~H ~ I r- .ft... .1 ~ 1 - - - GLENDALE ST -- GULF ROYAL WAY OF m n ~ MEXICO - I------ HEILWOOD ST - ~ ~ \~ I - RlOS () ...----11Jl AVA '< ." <( .,,---,-~ ,-- RI~ I L ~ ~ :z S - - w - C/l -.:L: "':"IH ~ en K~ m z T (5 - <r a. 0 \ JUANITA c---- KENDALL ST r--~ - .,."" I-.... ~ w" l - - \ INS ~ ~ ~H c I m \.-- I \ \ \ Future Land Use Plan Map Atlas Page: 258A Case: LUZ2005~10013 , Site: Residentially Zoned Area of the Old Property Size 7.94 Florida District (acres) Land Use Zoning From: Number of 43 RH MHDR Parcels To: RFH T Jarzen. Sharen From: Sent: To: Subject: Jarzen, Sharen Wednesday, March 29, 2006 1 30 PM Brown, Steven FW. Revised BBD Ordinance - RFH Amendment FYI. Sharen Jarzen, AICP Planning Department City of Clearwater 727-562-4626 -----Original Message----- From: Crawford, Michael C [mailto:mcrawford@co.pinellas.fl.us] Sent: Wednesday, March 29, 2006 1:27 PM To: Jarzen, Sharen Cc: Brinson, Ryan Subject: RE: Revised BBD Ordinance - RFH Amendment Thank you. Ryan does need a few things and will be in touch shortly. Mike -----Original Message----- From: Sharen.Jarzen@myClearwater.com [mailto:Sharen.Jarzen@myClearwater.com] Sent: Wednesday, March 29, 2006 8:37 AM To: Crawford, Michael C Cc: Steven.Brown@myClearwater.comi Brinson, Ryan Subject: FW: Revised BBD Ordinance - RFH Amendment I was out of the office yesterday and found this e-mail when I returned this morning. Gina will be out of the office for the next 2 1/2 weeks, so I wanted to check with you and find out if you folks received everything you needed for the LUZ case and the BBD amendments in order to process them as planned. Thanks. Sharen Jarzen, AICP Planning Department Clty of Clearwater 727-562-4626 -----Original Message----- From: Clayton, Gina Sent: Monday, March 27, 2006 12:08 PM To: Jarzen, Sharen Subject: FW: Revised BBD Ordinance - RFH Amendment For the file (sorry if I already sent this to you.) -----Original Message----- From: Crawford, Michael C [mailto:mcrawford@co.pinellas.fl.us] Sent: Friday, March 17, 2006 4:16 PM To: Clayton, Gina ' Cc: Brinson, Ryani Schoderbock, Michael D Subject: RE: Revjsed BBD Ordinance - RFH Amendment 1 I talked with Dave and there may have been some miscommunicatlon about the need to process local FLUM amendments in Beach by Design as amendments to the CRD. After our discussion we concluded that we will need to process the amendment as "substantive" due to the change to your local map - RFH that is, and will add it to this month's legal ad. Would you send us the ordinance and attached maps for the area in question (going to RFH). We will add this item to the others items that we were looking at for last month (the height, setbacks, TORs, etc.). Thanks. Mike -----Original Message----- From: Gina.Clayton@myClearwater.com [mailto:Gina.Clayton@myClearwater.com] Sent: Friday, March 17, 2006 11:18 AM To: Crawford, Michael C Cc: Healey, David Pi Brinson, Ryani Schoderbock, Michael Di michael.delk@MyClearwater.com Subject: RE: Revised BBD Ordinance - RFH Amendment The amendment to our map was approved last night. Since your map has the CRD category, Mr. Healey advised us that we did not need to amend the Countywide Map. -----Original Message----- From: 'Crawford, Michael C [mailto:mcrawford@co.pinellas.fl.us] Sent: Friday, March 17, 2006 8:23 AM To: Clayton, Gina Cc: Healey, David Pi Brinson, Ryani Schoderbock, Michael 0 Subject: Revised BBD Ordinance - RFH Amendment Gina: Can you tell me when the RFH amendment for the 7-acres went through? We don't see an amendment being sent to us in our files. Any change in your Future Land Use Plan Map in the Beach by Design area would constitute an amendment to the CRD designation. Since Beach by Design was considered a special area plan used to support the CRD designation on the Countywide Plan Map, and since it in turn relied on the City's FLUM to control uses, densities, and intensities, any changes to the City's FLUM must be submitted for review by the PPC and CPA. Let me know what you find. Thanks for the help getting this cleared up. Mike Crawford, AICP Planning Manager Pinellas Planning Council -----Original Message----- From: Gina.Clayton@myClearwater.com [mailto:Gina.Clayton@myClearwater.com] Sent: Wednesday, March 15, 2006 11:19 AM To: Crawford, Michael C Cc: Brinson, Ryani Mike.Reynolds@myClearwater.com Subject: RE: Revised BBD Ordinance The majority of the Old Florida District was designated RFH when the plan was passed with the exception of the area west of Mandalay to the Gulf, north of around Avalon, which was designated RH. We just changed that area (about 7 acres) to RFH so that the entire district could have overnight accommodation uses (since there are many existing old overnight accommodations in this area). The historical future land use designation of the Mandalay frontage has been RFH. The existing restaurant (Palm Pavilion refer~nced is located on land that has 2 historically been designated RFH. Based on the revision Councll asked to be added, the Plan would allow the restaurant to be there, as well as any other newly designated RFH land fronting on the Gulf of Mexico. We do not believe this will likely occur because most of the properties fronting the Gulf are already developed with condos or have had condo projects approved. Since this restaurant provision was just added the ordinance, the staff report does not address the waterfront restaurant issue. Let me know if you need additional information - I would be happy to discuss. -----Original Message----- From: Crawford, Michael C [mailto:mcrawford@co.pinellas.fl.us] Sent: Wednesday, March 15, 2006 11:02 AM To: Clayton, Gina Cc: Brinson, Ryan Subject: RE: Revised BBD Ordinance Very helpful. Especially the understanding of the map boundaries. Can you tell us what the local land use category that will now allow restaurants is? Also, it appears as though the ordinance is allowing for "limited retail/commercial and mixed use development fronting Mandalay Avenue between Bay Espl~nade and Somerset Street," but am I correct in concluding that these are already allowed in your Future Land Use Plan and that the changes are just acknowledging this? Looks like only restaurants are new. Thank you. Mike -----Original Message----- From: Gina.Clayton@rnyClearwater.com [mailto:Gina.Clayton@myClearwater.com] Sent: Wednesday, March 15, 2006 10:18 AM To: Crawford, Michael C ' Cc: Brinson, Ryani Schoderbock, Michael Di Steven.Brown@myClearwater.com Subject: RE: Revised BBD Ordinance For clarification - the boundaries were not changed. The original language did not track with the boundaries shown in the Plan. The amendment provides an accurate description. If you look at the Countywide Map, the CRD includes the parcels on the north side of Somerset. Also, in Policy 2.1.3 of our Compo Plan states: "The area governed by BBD shall by recognized on the Countywide Future Land Use Map as a CRD. The area is bounded on the north by the line dividing the block between Acacia Street and Somerset Street, the Gulf of Mexico on the west, Clearwater Harbor on the east The intent of the additional waterfront restaurant language is to recognize an asset that currently exists in the Old Florida District. Hope this is helpful. Thanks. -----Original Message----- From: Crawford, Michael C [mailto:mcrawford@co.pinellas.fl.us] Sent: Wednesday, March 15, 2006 9:28 AM To: Clayton, Gina Cc: Biinson, Ryani 'Schoderbock, Michael 0 Subject: RE: Revised BBD Ordinance Thank you. We'll get it on this month's legal ad. This one will be considered a "substantive" amendment and be carried through our normal 3 map amendment process. That doesn't mean that you have more to do, only that the Council and CPA approve or deny as opposed to receipt and acceptance. The reason we must consider it this is because of the change in use (restaurants) and the previous version of the ordinance including the change in the district boundary. By the time we found the boundary change last month it was too late to include as a substantive - and since it was only the one lot depth change we didn't want to hold up the TORs. , Thanks. Mike -----Original Message----- From: Gina.Clayton@myClearwater.com [mailto:Gina.Clayton@myClearwater.com] Sent: Wednesday, March 15, 2006 8:59 AM To: Crawford, Michael C Cc: Steven.Brown@myClearwater.com Subject: Revised BBD Ordinance Mike - pursuant to our conversation, attached is the revised ordinance that council will consider on 1st reading on Thursday evening. <<3-06-06 Final BBD Ord. #7546-06.doc>> Gina L. Clayton Assistant Planning Director City of Clearwater gina.clayton@myclearwater.com 727-562-4587 4 Jarzen. Sharen From: Sent: To: Cc: Subject: Crawford, Michael C [mcrawford@co.pmellas fl.us] Wednesday, March 29, 2006 1 :27 PM Jarzen, Sharen Brinson, Ryan RE: Revised BBD Ordmance - RFH Amendment Thank you. Ryan does need a few things and will be in touch shortly. Mike -----Original Message----- From: Sharen.Jarzen@myClearwater.com [mailto:Sharen.Jarzen@myClearwater.com] Sent: Wednesday, March 29, 2006 8:37 AM To: Crawford, Michael C Cc: Steven.Brown@myClearwater.comi Brinson, Ryan Subject: FW: Revised BBD Ordinance - RFH Amendment I was out of the office yesterday and found this e-mail when I returned this morning. Gina will be out of the office for the next 2 1/2 weeks, so I wanted to check with you and find out if you folks received everything you needed for the LUZ case and the BBD amendments in order to process them as planned. Thanks. Sharen Jarzen, AICP Planning Department City of Clearwater 727-562-4626 -----Original Message----- From: Clayton, Gina Sent: Monday, March 27, 2006 12:08 PM To: Jarzen, Sharen Subject: FW: Revised BBD Ordinance - RFH Amendment For the file (sorry if I already sent this to you.) -----Original Message----- From: Crawford, Michael C [mailto:mcrawford@co.pinellas.fl.us] Sent: Frlday, March 17, 2006 4:16 PM To: Clayton, Gina Cc: Brinson, Ryani Schoderbock, Michael 0 Subject: RE: Revised BBD Ordinance - RFH Amendment I talked with Dave and there may have been some miscommunication about the need to process local FLUM amendments in Beach by Design as amendments to the CRD. After our discussion we concluded that we will need to process the amendment as "substantive" due to the change to your local map - RFH that is, and will add it to this month's legal ad. Would you send us the ordinance and attached maps for the area in question (going to RFH). We will add this item to the others items that we were looking at for last month (the height, setbacks, TORs, etc.). Thanks. Mike -----Original Message----- From: Gina.Clayton@myClearwater.com 1 [mailto:Gina.Clayton@myClearwater.com] Sent: Friday, March 17, 2006 11:18 AM To: Crawford, Michael C Cc: Healey, David Pi Brinson, Ryani Schoderbock, Michael Di michael.delk@MyClearwater.com Subject: RE: Revised BBD Ordinance - RFH Amendment The amendment to our map was approved last night. Since your map has the CRD category, Mr. Healey advised us that we did not need to amend the Countywide Map. -----Original Message----- From: Crawford, Michael C [mailto:mcrawford@co.pinellas.fl.us] Sent: Friday, March 17, 2006 8:23 AM To: Clayton, Gina Cc: Healey, David Pi Brinson, Ryani Schoderbock, Michael 0 Subject: Revised BBD Ordinance - RFH Amendment Gina: Can you tell me when the RFH amendment for the 7-acres went through? We don't see an amendment being sent to us in our files. Any change in your Future Land Use Plan Map in the Beach by Design area would constitute an amendment to the CRD designation. Since Beach by Design was considered a special area plan used to support the CRD designation on the Countywide Plan Map, and Slnce it in turn relied on the City's FLUM to control uses, densities, and intensities, any changes to the City's FLUM must be submitted for review by the PPC and CPA. Let me know what you find. Thanks for the help getting this cleared up. Mike Crawford, AICP Planning Manager Pinellas Planning Council -----Original Message----- From: Gina.Clayton@myClearwater.com [mailto:Gina.Clayton@myClearwater.com] Sent: Wednesday, March 15, 2006 11:19 AM To: Crawford, Michael C Cc: Brinson, Ryani Mike.Reynolds@myClearwater.com Subject: RE: Revised BBD Ordinance The majority of the Old Florida District was designated RFH when the plan was passed with the exception of the area west of Mandalay to the Gulf, north of around Avalon, which was designated RH. We just changed that area (about 7 acres) to RFH so that the entire district could have overnight accommodation uses (since there are many existing old overnight accommodations in this area). The historical future land use designation of the Mandalay frontage has been RFH. The existing restaurant (Palm Pavilion referenced is located on land that has h~storically been designated RFH. Based on the revision Council asked to be added, the Plan would allow the restaurant to be there, as well as any other newly designated RFH land fronting on the Gulf of Mexico. We 'do not believe this will likely occur because most of the properties fronting the Gulf are already developed with condos or have had condo projects approved. Since this restaurant provision was just added the ordinance, the staff report does not address the waterfront restaurant issue. Let me know if you need additional information - I would be happy to discuss. -----Original Message----- From: Crawford, Michael C [mailto:mcrawford@co.pinellas.fl.us] Sent: Wednesday, March 15, 2006 11:02 AM 2 To: Clayton, Gina Cc: Brinson, Ryan Subject: RE: Revised BBD Ordinance Very helpful. Especially the understanding of the map boundaries. Can you tell us what the local land use category that will now allow restaurants is? Also, it appears as though the ordinance is allowing for "limited retail/commercial and mixed use development fronting Mandalay Avenue between Bay Esplanade and Somerset Street," but am I correct in concluding that these are already allowed in your Future Land Use Plan and that the changes are just acknowledging this? Looks like only restaurants are new. Thank you. Mike -----Original Message----- From: Gina.Clayton@myClearwater.com [mailto:Gina.Clayton@myClearwater.com] Sent: Wednesday, March 15, 2006 10:18 AM To: Crawford, Michael C Cc: Brinson, Ryani Schoderbock, Michael Di Steven.Brown@myClearwater.com Subject: RE: Revised BBD Ordinance For clarification - the boundaries were not changed. The original language did not track with the boundaries shown in the Plan. The amendment provides an accurate description. If you look at the Countywide Map, the CRD includes the parcels on the north side of Somerset. Also, in Policy 2.1.3 of our Compo Plan states: "The area governed by BBD shall by recognized on the Countywide Future Land Use Map as a CRD. The area is bounded on the north by the line dividing the block between Acacia Street and Somerset Street, the Gulf of Mexico on the west, Clearwater Harbor on the east The intent of the additional waterfront restaurant language is to recognize an asset that currently exists in the Old Florida District. Hope this is helpful. Thanks. -----Original Message----- From: Crawford, Michael C [mailto~mcrawford@co.pinellas.fl.us] Sent: Wednesday, March 15, 2006 9:28 AM To: Clayton, Gina Cc: Brinson, Ryani Schoderbock, Michael 0 Subject: RE: Revised BBD Ordinance Thank you. We'll get it on this month's legal ad. This one will be considered a "substantive" amendment and be carried through our normal map amendment process. That doesn't mean that you have more to do, only that the Council and CPA approve or deny as opposed to receipt and acceptance. The reason we must consider it this is because of the change in use (restaurants) and the previous version of the ordinance including the change in the district boundary. By the time we found the boundary change last month it was too late to include as a ,substantive - and since it was only the one lot depth change we didn't want to hold up the TORs. Thanks. Mike 3 -----Original Message----- From: Gina.Clayton@myClearwater.com [mailto:Gina.Clayton@myClearwater.com] Sent: Wednesday, March 15, 2006 8:59 AM To: Crawford, Michael C Cc: Steven.Brown@myClearwater.com Subject: Revised BBD Ordinance Mike - pursuant to our conversation, attached is the revised ordinance that council will consider on 1st reading on Thursday evening. <<3-06-06 Final BBD Ord. #7546-06.doc>> Gina L. Clayton Assistant Planning Director City of Clearwater gina.clayton@myclearwater.com 727-562-4587 4 Page 1 of 1 Jarzen, Sharen From: Jarzen, Sharen Sent: Wednesday, March 29, 2006 8:27 AM To: Brown, Steven Subject: FW: Substantive Plan Change Information Sharen Jarzen, AICP Planning Department City of Clearwater 727-562-4626 -----Original Message---n From: Clayton, Gina Sent: Thursday, March 23, 2006 9:37 AM To: 'Brinson, Ryan' Cc: Brown, Steven; Jarzen, Sharen Subject: RE: Substantive Plan Change Information Tell me If thiS is what you speCifically want: the land use plan amendment /staff report, the final version of the BBD amendments and staff report. Please note the the luz and BBD staff reports were not revised to reflect the waterfront restaurant language or the increase m height for overnight accommodations. Do we need to update those for you? -----Original Message----- From: Brinson, Ryan [mailto:rbrinson@co.pinellasJl.us] Sent: Thursday, March 23, 2006 9:30 AM To: Clayton, Gina Subject: Substantive Plan Change Information Gina, Because I have a variety of information pertaining to the changes in Beach by Design, do you mmd resendmg me (or I can pick up copies of) all of the approved ordinances with maps, and staff reports? I am preparing a legal ad and a staff report and just want to double check what we have has been fmallzed by you City Council. Thanks, Ryan 5/5/2006 Jarzen. Sharen From: Sent: To: Subject: Jarzen, Sharen Wednesday, March 29, 2006 8.26 AM Brown, Steven FW' Revised BBD Ordinance - RFH Amendment Sharen Jarzen, AICP Planning Department City of Clearwater 727-562-4626 -----Original Message----- From: Clayton, Gina Sent: Monday, March 27, 2006 12:08 PM To: Jarzen, Sharen Subject: FW: Revised BBD Ordinance - RFH Amendment For the file (sorry if I already sent this to you.) -----Original Message----- From: Crawford, Michael C [mailto:mcrawford@co.pinellas.fl.us] Sent: Friday, March 17, 2006 4:16 PM To: Clayton, Gina Cc: Brinson, Ryani Schoderbock, Michael 0 Subject: RE: Revised BBD Ordinance - RFH Amendment I talked with Dave and there may have been some miscommunication about the need to process local FLUM amendments in Beach by Design as amendments to the CRD. After our discussion we concluded that we will need to process the amendment as "substantive" due to the change to your local map - RFH that is, and will add it to this month's legal ad. Would you send us the ordinance and attached maps for the area in question (going to RFH). We will add this item to the others items that we were looking at for last month (the height, setbacks, TORs, etc.). Thanks. Mike -----Original Message----- From: Gina.Clayton@myClearwater.com [mailto:Gina.Clayton@myClearwater.com] Sent: Friday, March 17, 2006 11:18 AM To: Crawford, Michael C Cc: Healey, David Pi Brinson, Ryani Schoderbock, Michael Di michael.delk@MyClearwater.com Subject: RE: Revised BBD Ordinance - RFH Amendment The amendment to our map was approved last night. Since your map has the CRD.category, Mr. Healey advised us that we did not need to amend the Countywide Map. -----Original Message----- From: Crawford, Michael C [mailto:mcrawford@co.plnellas.fl.us] Sent: Friday, March 17, 2006 8:23 AM To: Clayton, Gina Cc: Healey, David Pi Brinson, Ryani Schoderbock, Michael 0 Subject: Revised BBD Ordinance - RFH Amendment 1 Gina: Can you tell me when the RFH amendment for the 7-acres went through? We don't see an amendment being sent to us in our files. Any change in your Future Land Use Plan Map in the Beach by Design area would constitute an amendment to the CRD designation. Since Beach by Design was considered a special area plan used to support the CRD designation on the Countywide Plan Map, and since it in turn relied on the City's FLUM to control uses, densities, and intensities, any changes to the City's FLUM must be submitted for review by the PPC and CPA. Let me know what you find. Thanks for the help getting this cleared up. Mike Crawford, AICP Planning Manager Pinellas Planning Council -----Original Message----- From: Gina.Clayton@myClearwater.com [mailto:Gina.Clayton@myClearwater.com] Sent: Wednesday, March 15, 2006 11:19 AM To: Crawford, Michael C Cc: Brinson, Ryani Mike.Reynolds@myClearwater.com Subject: RE: Revised BBD Ordinance The majority of the Old Florida District was designated RFH when the plan was passed with the exception of the area west of Mandalay to the Gulf, north of around Avalon, which was designated RH. We just changed that area (about 7 acres) to RFH so that the entire district could have overnight accommodation uses (since there are many existing old overnight accommodations in this area). The historical future land use designation of the Mandalay frontage has been RFH. The existing restaurant (Palm Pavilion referenced is located on land that has historically been designated RFH. Based on the revision Council asked to be added, the Plan would allow the restaurant to be there, as well as any other newly designated RFH land fronting on the Gulf of Mexico. We do not believe this will likely occur because most of the properties fronting the Gulf are already developed with condos or have had condo projects approved. Since this restaurant provision was just added the ordinance, the staff report does not address the waterfront restaurant issue. Let me know if you need additional information - I would be happy to discuss. -----Original Message----- From: Crawford, Michael C [mailto:mcrawford@co.pinellas.fl.us] Sent: Wednesday, March 15, 2006 11:02 AM To: Clayton, Gina Cc: Brinson, Ryan Subject: RE: Revised BBD Ordinance Very helpful. Especially the understanding of the map boundaries. Can you tell us what the local land use category that will now allow restaurants is? Also, it appears as though the ordinance is allowing for "limited retail/commercial and mixed use development fronting Mandalay Avenue between Bay Esplanade and Somerset Street," but am I correct in concluding that these are already allowed in your Future Land Use Plan and that the changes are just acknowledglng this? Looks like only restaurants are new. Thank you. 2 Mike -----Original Message----- From: Gina.Clayton@myClearwater.com [mailto:Gina.Clayton@myClearwater.com] Sent: Wednesday, March 15, 2006 10:18 AM To: Crawford, Michael C Cc: Brinson, Ryan; Schoderbock, Michael 0; Steven.Brown@myClearwater.com Subject: RE: Revised BBD Ordinance For clarification - the boundaries were not changed. The original language did not track with the boundaries shown in the Plan. The amendment provides an accurate description. If you look at the Countywide Map, the CRD includes the parcels on the north side of Somerset. Also, in Policy 2.1.3 of our Compo Plan states: "The area governed by BBD shall by recognized on the Countywide Future Land Use Map as a CRD. The area is bounded on the north by the line dividing the block between Acacia Street and Somerset Street, the Gulf of Mexico on the west, Clearwater Harbor on the east The intent of the additional waterfront restaurant language is to recognize an asset that currently exists in the Old Florida District. Hope this is helpful. Thanks. -----Original Message----- From: Crawford, Michael C [mailto:mcrawford@co.pinellas.fl.us] Sent: Wednesday, March 15, 2006 9:28 AM To: Clayton, Gina Cc: Brinson, Ryan; Schoderbock, Michael 0 Subject: RE: Revised BBD Ordinance Thank you. We'll get it on this month's legal ad. This one will be considered a "substantive" amendment and be carried through our normal map amendment process. That doesn't mean that you have more to do, only that the Council and CPA approve or deny as opposed to receipt and acceptance. The reason we must consider it this is because of the change in use (restaurants) and the previous version of the ordinance including the change in the district boundary. By the time we found the boundary change last month it was too late to include as a substantive - and since it was only the one lot depth change we didn't want to hold up the TORs. Thanks. Mike -----Original Message----- From: Gina.Clayton@myClearwater.com [mailto:Gina.Clayton@myClearwater.com] Sent: Wednesday, March 15, 2006 8:59 AM To: Crawford, Michael C Cc: Steven.Brown@myClearwater.com Subject: Revised BBD Ordinance Mike - pursuant to our conversation, attached is the revised ordinance that council will consider on 1st reading on Thursday evening. <<3-06-06 Final BBD Ord. #7546-06.doc>> Gina L. Clayton Assistant Planning Director City of Clearwater gina.clayton@myclearwater.com 3 Jarzen. Sharen From: Sent: To: Subject: Clayton, Gina Monday, March 27, 2006 12'08 PM Jarzen, Sharen FW: Revised BBD Ordinance - RFH Amendment For the file (sorry if I already sent this to you.) -----Original Message----- From: Crawford, Michael C [mailto:mcrawford@co.pinellas.fl.us] Sent: Friday, March 17, 2006 4:16 PM To: Clayton, Gina Cc: Brinson, Ryani Schoderbock, Michael 0 Subject: RE: Revised BBD Ordinance - RFH Amendment I talked with Dave and there may have been some miscommunication about the need to process local FLUM amendments in Beach by Design as amendments to the CRD. After our discussion we concluded that we will need to process the amendment as "substantive" due to the change to your local map - RFH that is, and will add it to this month's legal ad. Would you send us the ordinance and attached maps for the area in question (going to RFH). We will add this item to the others items that we were looking at for last month (the height, setbacks, TORs, etc.). Thanks. Mike -----Original Message----- From: Gina.Clayton@myClearwater.com [mailto:Gina.Clayton@myClearwater.com] Sent: Friday, March 17, 2006 11:18 AM To: Crawford, Michael C Cc: Healey, David Pi Brinson, Ryani Schoderbock, Michael Di michael.delk@MyClearwater.com Subject: RE: Revised BBD Ordinance - RFH Amendment The amendment to our map was approved last night. Since your map has the CRD category, Mr. Healey advised us that we did not need to amend the Countywide Map. -----Original Message----- From: Crawford, Michael C [mailto:mcrawford@co.pinellas.fl.us] Sent: Friday, March 17, 2006 8:23 AM To: Clayton, Gina Cc: Healey, David Pi Brinson, Ryani Schoderbock, Michael 0 Subject: Revised BBD Ordinance - RFH Amendment Gina: Can you tell me when the RFH amendment for the 7-acres went through? We don't see an amendment being sent to us in our files. Any change in your Future Land Use Plan Map in the Beach by Design area would constitute an amendment to the CRD designation. Since Beach by Design was considered a special area plan used to support the CRD designation on the Countywide Plan Map, and since it in turn relied on the City's FLUM to control uses, densities, and intensities, any changes to the City's FLUM must be submitted for review by the PPC and CPA. Let me know what you find. Thanks for the help getting this cleared up. 1 Mike Crawford, AICP Planning Manager Pinellas Planning Council -----Original Message----- From: Gina.Clayton@myClearwater.com [mailto:Gina.Clayton@myClearwater.com] Sent: Wednesday, March 15, 2006 11:19 AM To: Crawford, Michael C Cc: Brinson, Ryani Mike.Reynolds@myClearwater.com Subject: RE: Revised BBD Ordinance The majority of the Old Florida District was designated RFH when the plan was passed with the exception of the area west of Mandalay to the Gulf, north of around Avalon, which was designated RH. We just changed that area (about 7 acres) to RFH so that the entire district could have overnight accommodation uses (since there are many existing old overnight accommodations in this area). The historical future land use designation of the Mandalay frontage has been RFH. The existing restaurant (Palm Pavilion referenced is located on land that has historically been designated RFH. Based on the revision Council asked to be added, the Plan would allow the restaurant to be there, as well as any other newly designated RFH land fronting on the Gulf of Mexico. We do not believe this will likely occur because most of the properties fronting the Gulf are already developed with condos or have had condo projects approved. Since this restaurant provision was just added the ordinance, the staff report does not address the waterfront restaurant issue. Let me know if,you need additional information - I would be happy to discuss. -----Original Message----- From: Crawford, Michael C [mailto:mcrawford@co.pinellas.fl.us] Sent: Wednesday, March 15, 2006 11:02 AM To: Clayton, Gina Cc: Brinson, Ryan Subject: RE: Revised BBD Ordinance Very helpful. Especially the understanding of the map boundaries. Can you tell us what the local land use category that will now allow restaurants is? Also, it appears as though the ordinance is allowing for "limited retail/commercial and mixed use development fronting Mandalay Avenue between Bay Esplanade and Somerset Street," but am I correct in concluding that these are already allowed in your Future Land Use Plan and that the changes are just acknowledging this? Looks like only restaurants are new. Thank you. Mike -----Original Message----- From: Gina.Clayton@myClearwater.com [mailto:Gina.Clayton@myClearwater.com] Sent: Wednesday, March 15, 2006 10:18 AM To: Crawford, Michael C Cc: Brinson, Ryani Schoderbock, Michael Di Steven.Brown@myClearwater.com Subject: RE: Revised BBD Ordinance For clarification - the boundaries were not changed. The original language did not track with the boundaries shown in the Plan. The amendment provides an accurate description. If you look at the Countywide Map, the CRD includes the parcels on the north side of Somerset. Also, in Policy 2.1.3 of our Camp. Plan states: "The area 2 governed by BBD shall by recognized on the Countywide Future Land Use Map as a CRD. The area is bounded on the north by the line dividing the block between Acacia Street and Somerset Street, the Gulf of Mexico on the west, Clearwater Harbor on the east The intent of the additional waterfront restaurant language is to recognize an asset that currently exists in the Old Florida District. Hope this is helpful. Thanks. -----Original Message----- From: Crawford, Michael C [mailto:mcrawford@co.pinellas.fl.us] Sent: Wednesday, March 15, 2006 9:28 AM To: Clayton, Gina Cc: Brinson, Ryani Schoderbock, Michael 0 Subject: RE: Revised BBD Ordinance Thank you. We'll get it on this month's legal ad. This one will be considered a "substantive" amendment and be carried through our normal map amendment process. That doesn't mean that you have more to do, only that the Council and CPA approve or deny as opposed to receipt and acceptance. The reason we must consider it this is because of the change in use (restaurants) and the previous version of the ordinance including the change in the district boundary. By the time we found the boundary change last month it was too late to include as a substantive - and since it was only the one lot depth change we didn't want to hold up the TORs. Thanks. Mike -----Original Message----- From: Gina.Clayton@myClearwater.com [mailto:Gina.Clayton@myClearwater.com] Sent: Wednesday, March 15, 2006 8:59 AM To: Crawford, Michael C Cc: Steven.Brown@myClearwater.com Subject: Revised BBD Ordinance Mike - pursuant to our conversation, attached is the revised ordinance that council will consider on 1st reading on Thursday evening. <<3-06-06 Final BBD Ord. #7546-06.doc>> Gina L. Clayton Assistant Planning Director City of Clearwater gina.clayton@myclearwater.com 727-562-4587 3 Jarzen. Sharen From: Sent: To: Cc: Subject: Clayton, Gina Monday, March 20, 20068:17 AM 'Crawford, Michael C' Brinson, Ryan, Schoderbock, Michael D; Delk, Michael; Jarzen, Sharen; Brown, Steven RE. Revised BBD Ordinance - RFH Amendment ~ 'E!I ~ ~ ~ LUZ2005-10013 Staff Report to ... Ord. #7547-06, Land Use. doc LUZ2005-10013, LUZ2005-10013, Future Land Use... ZOnlng.doc Let me know if you need anything else. -----Original Message----- From: Crawford, Michael C [mailto:mcrawford@co.pinellas.fl.us] Sent: Friday, March 17, 2006 4:16 PM To: Clayton, Gina Cc: Brinson, Ryani Schoderbock, Michael 0 Subject: RE: Revised BBD Ordinance - RFH Amendment I talked with Dave and there may have been some miscommunication about the need to process local FLUM amendments in Beach by Design as amendments to the CRD. After our discussion we concluded that we will need to process the amendment as "substantive" due to the change to your local map - RFH that is, and will add it to this month's legal ad. Would you send us the ordinance and attached maps for the area in question (going to RFH). We will add this item to the others items that we were looking at for last month (the height, setbacks, TORs, etc.). Thanks. Mike -----Original Message----- From: Gina.Clayton@myClearwater.com [mailto:Gina.Clayton@myClearwater.com] Sent: Friday, March 17, 2006 11:18 AM To: Crawford, Michael C Cc: Healey, David Pi Brinson, Ryan; Schoderbock, Michael Di michael.delk@MyClearwater.com Subject: RE: Revised BBD Ordinance - RFH Amendment The amendment to our map was approved last night. Since your map has the CRD category, Mr. Healey advised us that we did not need to amend the Countywide Map. -----Original Message----- From: Crawford, Michael C [mailto:mcrawford@co.pinellas.fl.us] Sent: Friday, March 17, 2006 8:23 AM To: Clayton, Gina Cc: Healey, David P; Brinson, Ryan; Schoderbock, Michael 0 Subject: Revised BBD Ordinance - RFH Amendment Gina: Can you tell me when the RFH amendment for the 7-acres went through? We don't see an amendment being sent to us in our files. Any change in your Future Land Use Plan Map in the Beach by Design area would constitute an amendment to the CRD designation. Since Beach by Design was considered a special area plan used to support the CRD designation 1 on the Countywide Plan Map, and since it in turn relied on the City's FLUM to control uses, densities, and intensities, any changes to the City's FLUM must be submitted for review by the PPC and CPA. Let me know what you find. Thanks for the help getting this cleared up. Mike Crawford, AICP Planning Manager Pinellas Planning Council -----Original Message----- From: Gina.Clayton@myClearwater.com [mailto:Gina.Clayton@myClearwater.com] Sent: Wednesday, March 15, 2006 11:19 AM To: Crawford, Michael C Cc: Brinson, Ryani Mike.Reynolds@myClearwater.com Subject: RE: Revised BBD Ordinance The majority of the Old Florida District was designated RFH when the plan was passed with the exception of the area west of Mandalay to the Gulf, north of around Avalon, which was designated RH. We just changed that area (about 7 acres) to RFH so that the entire district could have overnight accommodation uses (since there are many existing old overnight accommodations in this area). The historical future land use designation of the Mandalay frontage has been RFH. The existing restaurant (Palm Pavilion referenced is located on land that has historically been designated RFH. Based on the revision Council asked to be added, the Plan would allow the restaurant to be there, as well as any other newly designated RFH land fronting on the Gulf of Mexico. We do not believe this will likely occur because most of the properties fronting the Gulf are already developed with condos or have had condo projects approved. Since this restaurant provision was just added the ordinance, the staff report does not address the waterfront restaurant issue. Let me know if you need additional information - I would be happy to discuss. -----Original Message----- From: Crawford, Michael C [mailto:mcrawford@co.pinellas.fl.us] Sent: Wednesday, March 15, 2006 11:02 AM To: Clayton, Gina Cc: Brinson, Ryan Subject: RE: Revised BBD Ordinance Very helpful. Especially the understanding of the map boundaries. Can you tell us what the local land use category that will now allow restaurants is? Also, it appears as though the ordinance is allowing for "limited retail/commercial and mixed use development fronting Mandalay Avenue between Bay Esplanade and Somerset Street," but am I correct in concluding that these are already allowed in your Future Land Use Plan and that the changes are just acknowledging this? Looks like only restaurants are new. Thank you. Mike -----Original Message----- From: Gina.Clayton@myClearwater.com [mailto:Gina.Clayton@myClearwater.com] Sent: Wednesday, March 15, 2006 10:18 AM To: Crawford, Michael C Cc: Brinson, Ryani Schoderbock, Michael 0; Steven.Brown@myClearwater.com Subject: RE: Revised BBD Ordinance 2 For clarification - the boundaries were not changed. The original language did not track with the boundaries shown in the Plan. The amendment provides an accurate description. If you look at the Countywide Map, the CRD includes the parcels on the north side of Somerset. Also, in Policy 2.1.3 of our Camp. Plan states: "The area governed by BBD shall by recognized on the Countywide Future Land Use Map as a CRD. The area is bounded on the north by the line dividing the block between Acacia Street and Somerset Street, the Gulf of Mexico on the west, Clearwater Harbor on the east The intent of the additional waterfront restaurant language is to recognize an asset that currently exists in the Old Florida District. Hope this is helpful. Thanks. -----Original Message----- From: Crawford, Michael C [mailto:mcrawford@co.pinellas.fl.us] Sent: Wednesday, March 15, 2006 9:28 AM To: Clayton, Gina Cc: Brinson, Ryan; Schoderbock, Michael 0 Subject: RE: Revised BBD Ordinance Thank you. We'll get it on this month's legal ad. This one will be considered a "substantive" amendment and be carried through our normal map amendment process. That doesn't mean that you have more to do, only that the Council and CPA approve or deny as opposed to receipt and acceptance. The reason we must consider it this is because of the change in use (restaurants) and the previous version of the ordinance including the change in the district boundary. By the time we found the boundary change last month it was too late to include as a substantive - and since it was only the one lot depth change we didn't want to hold up the TORs. Thanks. Mike -----Original Message----- From: Gina.Clayton@myClearwater.com [mailto:Gina.Clayton@myClearwater.com] Sent: Wednesday, March 15, 2006 8:59 AM To: Crawford, Michael C Cc: Steven.Brown@myClearwater.com Subject: Revised BBD Ordinance Mike - pursuant to our conversation, attached is the revised ordinance that council will consider on 1st reading on Thursday evening. <<3-06-06 Final BBD Ord. #7546-06.doc>> Gina L. Clayton Assistant Planning Director City of Clearwater gina.clayton@myclearwater.com 727-562-4587 3 CDB Date: Case Number: Owner/Applicant: Representative: Address: Agenda Item: December 20. 2005 LUZ2005-1 00 13 City of Clearwater Planning Department -Cnd-Florida District D-3 CITY OF CLEARWATER PLANNING DEPARTMENT ST AFF REPORT BACKGROUND INFORMATION REQUEST: (a) Future Land Use Plan amendment from the Residential High (RR) Classification to the Resort Facilities High (RFH) Classification; and (b) Rezoning from the Medium High Density Residential (MHDR) District to the Tourist (T) District. SITE INFORMATION PROPERTY SIZE: 7.94 acres PROPERTY USE: Current Use: Proposed Use: Single Family Residential, Multi-Family Residential & Overnight Accommodations Multi-Family Residential & Overnight Accommodations PLAN CATEGORY: Current Category: Proposed Category: Residential High (RR) Classification Resort Facilities High (RFH) Classification ZONING DISTRICT: Current District: Proposed District: Medium High Density Residential (MHDR) District Tourist (T) District EXISTING SURROUNDING USES: North: Single Family Residential South: Residential, Retail & Overnight Accommodations East: Residential, Retail & Overnight Accommodations West: Gulf of Mexico Revised Staff Report - City Council- March 2,2006 - Case LUZ2005-09012 Page 1 ANALYSIS: The Planning Department undertook a study of the Old Florida District on Clearwater Beach to clarify the vision of the District and to eliminate any discrepancies between Beach by Design, the special-area plan governing Clearwater Beach and the underlying land use and zoning. As a result of the ideas generated by four public meetings, as well as policy direction provided by City Council on August 29, 2005, the Planning Department has developed amendments to Beach by Design. Currently the Plan specifies that the "preferred form of development" include townhomes and single-family dwellings mid-rise in height. The proposed amendments specify that new development be in the form of attached dwellings and overnight accommodations throughout the District, as well as commercial uses along Mandalay Avenue. Additionally, the amendments provide for a maximum building height of 65 feet in areas located 60 feet south of Somerset Street. At present, the Old Florida District has future land use plan (FLUP) designations of Resort Facilities High and High Density Residential and zoning categories of Tourist and Medium High Density Residential. In order to implement the proposed revisions to Beach by Design, it is necessary to amend the residentially designated area of the District (see Future Land Use Plan Map). This Future Land Use Plan (FLUP) amendment and rezoning application involves 43 parcels of land, approximately 7.94 acres in area generally located on Clearwater Beach between Mandalay Avenue and the Gulf of Mexico between Kendall Street and the north side of Somerset Street. A mix of single-family residential, multi-family residential and overnight accommodation uses currently occupies the area. The site has a FLUP designation of Residential High (RH) and is zoned as a Medium High Density Residential (MHDR) District. These designations allow residential uses up to 30 units per acre and up to 50 feet in height. In order to allow the additional use of overnight accommodations and development up to 65 feet in height, as proposed in the amendments to Beach by Design, the Planning Department is requesting to amend the FLUP designation of the site to the Resort Facilities High (RFH) classification and to rezone it to the Tourist District. The Planning Department is also requesting that Beach by Design be amended to increase the allowable density of overnight accommodations from 40 units per acre to 50 units per acre. (See companion amendment to Beach by Design special area plan. In accordance with the Countywide Plan Rules, the land use plan amendment is subject to approval by the Pinellas Planning Council and Board of County Commissioners acting as the Countywide Planning Authority. I. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN [Section 4-603.F.l] 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: Revised Staff Report- City Council- March 2,2006 - Case LUZ2005-10013 Page 2 2.1.2 Policy - Renewal of the beach tourist district shall be encouraged through the establishment of distinct districts within Clearwater Beach, the establishment of a limited density pool of additional hotel rooms to be used in specified geographic areas of Clearwater Beach, enhancement of public rights-of-way, the vacation of public rights-of- way when appropriate, transportation -improvements, inter-beach and intra-beach transit; transfer of development rights and the use of design guidelines, pursuant to Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines. 2.2 Objective - The City of Clearwater shall continue to support innovative planned development and mixed land use development techniques in order to promote infill development that is consistent and compatible with the surrounding environment. 2.2.1 Policy - On a continuing basis, the Community Development Code and the site plan approval process shall be utilized in promoting infill development and/or planned developments that are compatible. 3.0 Goal - A sufficient variety and amount of future land use categories shall be provided to accommodate public demand and promote infill development. 5.1.1 Policy - No new development or redevelopment will be permitted which causes the level of City services (traffic circulation, recreation and open space, water, sewage treatment, garbage collection, and drainage) to fall below minimum acceptable 1eve~s. However, development orders may be phased or otherwise modified consistent with provisions of the concurrency management system to allow services to be upgraded concurrently with the impacts of development. Recommended Conclusions of Law: The proposed plan amendment is 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 Resort Facilities High (RFH) category, as specified in Section 2.3.3.4.6 of the Countywide Rules, is to designate areas in the County that are now developed, or appropriate to be developed, in high density residential and resort, tourist facility use; and to recognize such areas as well-suited for the combination of residential and transient accommodation use consistent with their location, surrounding uses, transportation facilities and natural resource characteristics of such areas. The Resort Facilities High (RFH) category is generally appropriate to locations where unique recreational assets warrant the combination of permanent and temporary accommodations in close proximity to and served by the arterial and major thoroughfare network, as well as by mass transit. New development at this density will be discouraged in coastal high hazard areas and evacuation level "A" areas. Revised Staff Report- City Council- March 2,2006 - Case LUZ2005-10013 Page 3 This area of Old Florida is located along the Gulf of Mexico and is accessed by Mandalay Avenue, which is the major north-south arterial on North Clearwater Beach. The area is also served by mass transit by the Pinellas Suncoast Transit Authority. Additionally, this area is currently developed with a variety of residential and overnight accommodation uses and is adjacent to RFH designated-land to the immediate east and south. Based-on-historical development patterns and current uses, this area has functioned as a tourist area. The current underlying future land use plan designation of Residential High allows residential development at 30 units per acre, which is consistent with the density allowed by the RFH land use category. The RFH designation would also allow overnight accommodation uses at a density of 40 units per acre. It should be noted however, that the emerging pattern of redevelopment has been residential in character throughout the entire Old Florida District. It should also be noted that the Planning Department, in a companion agenda item amending Beach by Design, is requesting to increase the allowable density of overnight accommodations from 40 units per acre to 50 units per acre. The Pinellas Planning Council (PPC) and Countywide Planning Authority (CPA) have policies that specifically address Countywide Future Land Use Plan amendments in the Coastal High Hazard Area (CHHA). The policy specifies that such amendments should generally be denied. However, approval may be granted upon a balancing of the following criteria, as determined applicable and significant to the amendment. A. Distinction between direct storm damage and damage to evacuation routes. The subject site is susceptible to storm damage due to the site's location on both the Intracoastal Waterway and the Gulf of Mexico in an AE flood zone, with the very western edge being located in a VE flood zone. The evacuation route is in close proximity to the Memorial Causeway Bridge via Mandalay A venue. This evacuation route is adequate to serve the existing and proposed land use category. B. Access to Emergency Shelter Space and Evacuation Routes. Currently there is a shortage of emergency shelters countywide. However, as there is no change in the allowable residential density between the current zoning and future land use and the proposed zoning and future land use, there should be no increase in the residential density. Emergency shelter planning provides for a percentage of residents that will utilize family, friend or hotel accommodations during evacuation situations and not emergency shelter space. As there is no increase in the allowable residential density, it will not have a negative impact on shelter space or evacuation routes. C. Utilization of Existing and Planning Infrastructure. This criterion is not applicable since the use of the site for the proposed residential purposes will not require the expenditure of public funds for the construction of new, unplanned infrastructure. D. Utilization of Existing Disturbed Areas. This criterion is not applicable since the site is currently developed and not a natural area. ReVIsed Staff Report - City Councll- March 2, 2006 - Case LUZ2005-10013 Page 4 E. Maintenance of Scenic Qualities and Improvement of Public Access to Water. The subject site currently provides public access to the Gulf of Mexico at the end of the east- west streets that terminate at the Gulf. This will not change if the proposed amendment is adopted. F. Water Dependent Use. The site is currently occupied by residential and tourist areas, and not a water dependent use. G. Integral Part of Comprehensive Planning Process. The requested amendment has been initiated by the City of Clearwater as an integral part of its comprehensive planning process consistent with the City of Clearwater Comprehensive Plan. H. Part of Community Redevelopment Plan. The subject site is part of the Clearwater Beach Community Redevelopment District (CRD). The special area plan known as Beach by Design governs development in this area. The proposed land use plan amendment will implement revisions being processed concurrently to Beach by Design to allow overnight accommodations in this part of the CRD. I. Overall Reduction of Densitv or Intensitv. The proposed amendment to the Resort Facilities High (RFH) category would allow a maximum permitted residential density of 30 dwelling units per acre, which is the same density as permitted by the current Residential High (RH) category. The proposed RFH category would also allow overnight accommodations at 40 units per acre; however, it should be noted that a companion agenda item includes an amendment to Beach by Design, which would increase this density to 50 units per acre. While the RFH category also allows commercial uses, the companion amendment to Beach by Design will preclude them from locating in this area. The allowable residential density under the existing and proposed land use categories could result in a maximum of238 dwelling units if the entire 7.94 acres is developed with residential uses. Based on redevelopment trends occurring in this area of Clearwater Beach, as well as throughout Pinellas County, it is likely that the pattern of residential redevelopment will continue. Even if a portion of this area is redeveloped with overnight accommodations, no net increase in density in the Coastal High Hazard Area will occur because the Countywide Rules consider 50 hotel units per acre equivalent to 30 residential units per acre. J. Clustering: of Uses. The entire site is located within the Coastal High Hazard Area, therefore clustering uses of a portion of the site outside the CHHA is not possible. Recommended Conclusions of Law: The proposed plan amendment is consistent with the purpose and 10cationa1 characteristics of the Countywide Plan. Revised Staff Report- CIty Council- March 2,2006 - Case LUZ2005-10013 Page 5 III. COMPATIBILITY WITH SURROUNDING PROPERTY/CHARACTER OF THE CITY & NEIGHBORHOOD [Sections 4-602.F.2 & 4-603.F.3] Recommended Findings of Fact: A variety of uses characterize the area to the east-and south of the site. They include a mix of retail, residential and overnight accommodations. The area to the north is occupied by single family residences, while the area to the west is the Gulf of Mexico. The proposed Future Land Use Plan (FLUP) designation and rezoning are in character with the overall FLUP designation in the area and are compatible with the surrounding uses. The proposed Resort Facilities High (RFH) classification is consistent with the proposed use of the area for multi-family dwelling units and overnight accommodations. Through a concurrent amendment to Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines (BBD), no retail or commercial will be allowed in the area proposed to be rezoned. The change in the zoning from Medium High Density Residential (MHDR) to Tourist (T) is more compatible with the proposed height of certain portions of the district being permitted to 65 feet. Recommended Conclusions of Law: The proposed plan and zoning atlas amendments are compatible with surrounding properties and the character of the City and neighborhood. IV. SUFFICIENCY OF PUBLIC FACILITIES Recommended Findings of Fact: As stated earlier, the overall subject site is approximately 7.94 acres in area and is presently occupied by single family and multi-family residential, as well as overnight accommodations. The applicant is requesting to amend the FLUP designation of the site to the Resort Facilities High (RFH) and to rezone it to the Tourist (T) District. The current FLUP Residential High (RH) category permits a primary use of only residential. However, the Resort Facilities High (RFH) category permits the development of both residential and transient accommodations, as well as tourist facilities and offices. Roadways The accepted methodology for reviewing the transportation impacts of proposed plan amendments is based on the Pinellas Planning Council's (PPC's) traffic generation guidelines. The PPC's traffic generation rates have been calculated for the subject site based on Ithe existing and proposed FLUP categories and are included in the next table that examines the maximum potential traffic of the future land use plan amendment from the Residential High (RH) to the Resort Facilities High (RFH) classification. Based on the 2005 Pinellas County Metropolitan Planning Organization (MPO) Level of Service Report, the segment of Manda1ay Avenue in the Level of Service (LOS) Report that is most affected by traffic in the Old Florida District is the one that runs from Royal Way south to Pier 60 that has a LOS of C. Revised Staff Report - City Council- March 2, 2006 - Case LUZ2005-1 00 13 Page 6 13,939 15,392 16,400 1,008 C C C C for the Residential Suburban Future Land Use Cate 0 . for the Residential Low Medium Future Land Use Cate 0 Traffic from the subject site will be distributed to Mandalay Avenue. The site is currently accessed from the north and south along the beach corridor via that roadway. The proposed FLUP category of Resort Facilities High (RFH) could generate an increase in PM peak hour traffic on this segment of Mandalay Avenue by a total of96 trips. Based on the volume/capacity ratio that takes into account the signalization and number of lanes, it will not result in the degradation of the existing LOS to the surrounding road network according to the City of Clearwater Engineering Department. Additionally, the concurrent Beach by Design amendment will preclude commercial or office uses from developing in this area. Specific uses that are permitted in the current and proposed zoning districts have also been analyzed for the level of vehicle trips that could be generated based on the Institute of Transportation Engineer's Trip Generation report. Please note that detached dwellings will not be permitted in the proposed zoning and future land use plan, but overnight accommodations will be. Below is this comparison in the change of land use that will be permitted. High-Rise Residential Condominium/Townhouse Pro High-Rise Residential Condominium/Townhouse Hotel N/A N/A 996 o 91 o 3,243 2,247 242 151 The City of Clearwater Engineering Department has concluded that the transportation impacts associated with this land use plan amendment will not result in the degradation of the existing Revised Staff Report - City Council - March 2, 2006 - Case LUZ2005-1 00 13 Page 7 LOS to the surrounding road network. The LOS in that section of Mandalay Avenue will not be degraded if the site is used for overnight accommodations. Mass Transit The Citywide~LOS-for mass transit will not be affected by the propn-sed-p1an amendment. The total miles of fixed route service will not change; the subject site is located along an existing transit route named the Suncoast Beach Trolley with service along Mandalay Avenue from approximately 6:30 AM to 9:20 PM and virtually all headways are less than or equal to one hour. Service is provided by the Pinellas Suncoast Transit Authority (PST A) and the Trolley connects at various points to five different bus routes along the beach area, as well as has access to the Park Street Terminal in downtown Clearwater. Water The current and proposed FLUP categories could use up to 59,550 gallons per day. The proposed land use will not negatively affect the City's current LOS for water. Wastewater The current and proposed FLUP categories could produce up to 47,640 gallons per day. The proposed land use amendment will not negatively affect the City's current LOS for wastewater. Solid Waste The current and proposed FLUP categories would result in the production of 604 tons of solid waste per year. The proposed land use and plan amendment will not negatively affect the City's current LOS for solid waste disposal. Recreation and Open Space The proposed future land use plan and zoning designations could permit the development of up to 238 units. However, payment of an Open Space, Recreation Land and Recreation Facility impact fee will not be required at this time; impact fees will be required as the sites are redeveloped with new uses that result in an increase in units. The amount and timing of this fee is dependent on the number of developed units and will be addressed and paid during the site plan reVlew process. Recommended Conclusions of Law: It has been determined that the traffic generated by this plan amendment will not result in the degradation of the existing LOS to the surrounding road network. It has also been determined that the amendment and rezoning will not negatively affect the City's current level of service for mass transit, water, wastewater, solid waste, or recreation and open space. Based on the findings above, the proposed FLUP and rezoning does not require nor affect the provision of public services in a negative manner. ReVIsed Staff Report - City Council- March 2, 2006 - Case LUZ2005-1 00 13 Page 8 V. IMPACT ON NATURAL ENVIRONMENT [Section 4-603.F.5.] Recommended Findings of Fact: As properties are redeveloped, site plan approval will be required. At that time, the stormwater ---management system will be required to meet all City-and-Southwest Florida Water Management District (SWFWMD) stormwater management criteria. Recommended Conclusions of Law: Water quantity and quality will be controlled in compliance with the Clearwater Comprehensive Plan. The entire area is located in either Flood Zone of AE or VE, but is entirely developed. Consequently, as the area is redeveloped, the natural environment will not be affected adversely. VI. LOCATION OF DISTRICT BOUNDARIES [Section 4-602 .F.6.] Recommended Findings of Fact: The location of the proposed Tourist (T) District boundaries are logical based on the historical use of this property and the majority of the remainder of the Old Florida District which is zoned as T. This rezoning will consolidate this site into the appropriate zoning district. It will blend into the existing zoning and uses of the Old Florida District. Recommended Conclusions of Law: The district boundaries are appropriately drawn in regard to location and classifications of streets and ownership lines. VII. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT CODE AND CITY REGULATIONS [Sections 2-701.1 & 4-602.F.1. and .2.] Recommended Findings of Fact: The existing future land use plan category and zoning district permits 30 dwelling units per acre. The proposed Resort Facilities High (RFO) land use category and Tourist (T) district also permits 30 dwelling units per acre, but also allows 40 units per acre for overnight accommodations. Recommended Conclusions of Law: The proposed use of this property as multi-family residential and overnight accommodations is consistent with the uses allowed within the Tourist (T) zoning district. 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 FLUP from the Residential High (RH) category to the Resort Facilities High (RFH) category and a rezoning from the Medium High Density Residential (MHDR) to the Revised Staff Report- CIty Council- March 2,2006 - Case LUZ2005-10013 Page 9 Tourist (T) District for the subject site is requested. This 7.94 acre site is compatible with the proposed use of the property for multi-family attached dwellings and overnight accommodations, and the proposed future land use plan amendment and rezoning is compatible with the existing neighborhood. The remainder of the Old Florida District consists of multi-family residential dwellings, overnight accommodations;retai1-and public uses. The Planning Department recommends the following actions on the request based on the recommended findings of fact and recommended conclusions of law: a) Recommend APPROVAL of the Future Land Use Plan amendment from the Residential High (RR) Classification to the Resort Facilities High (RFH) Classification; and b) Recommend APPROVAL of the rezoning from the Medium High Density Residential (MHDR) District to the Tourist (T) District. Prepared by Planning Department staff: Sharen J arzen, Planner III Attachments: Application Location Map Aerial Photograph of Site and Vicinity Land Use Plan Map Zoning Map Existing Surrounding Uses Site Photographs S \Planmng DepartmentlC D EILand Use AmendmentsILUZ 2005ILUZ2005-100 13 Old Florida District, City of ClearwaterlLUZ2005-100 13 Staff Report doc Revised Staff Report- City Council- March 2,2006 - Case LUZ2005-10013 Page 10 ORDINANCE NO. 7547-06 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN -Eb~M~NT OF THE COMPREHENSIVE PLAN - GF-1HE CITY, TO CHANGE THE LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY GENERALLY LOCATED ON CLEARWATER BEACH BETWEEN MANDALAY AVENUE AND THE GULF OF MEXICO BETWEEN KENDALL AND THE NORTH SIDE OF SOMERSET STREET EAST OF MANDALAY AVENUE IN THE OLD FLORIDA DISTRICT AS DESIGNATED BY BEACH BY DESIGN, THE SPECIAL AREA PLAN GOVERNING CLEARWATER BEACH FROM RESIDENTIAL HIGH TO RESORT FACILITIES HIGH; PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property as follows: Property See attached Exhibit A legal description (LUZ2005-10013) Land Use CateQorv From: Residential High To: Resort Facilities High Future Land Use Plan Map See attached Exhibit B Section 2. The City Council does hereby certify that this ordinance is consistent with the City's comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, subject to the approval of the land use designation by the Pinellas County Board of County Commissioners, and subject to a determination by the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to 9 163.3189, Florida Statutes. The Community Development Coordinator is authorized to transmit to the Pinellas County Planning Council an application to amend the Countywide Plan in order to achieve consistency with the Future Land Use Plan Element of the City's Comprehensive Plan as amended by this ordinance. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk - 1 I I @ w w g~ I ,,~ I g5~ P I--- ----i I \ '- ACACIA I RT STREET I "\ /1 I I I OJ - - - --- - ~ -- SOMERSET -- ~ w \ \ :;) - - z m \ w :( - - rJ> "" CAMBRIA STREET ~ - w E; - - :;) m z u FH I w ~ ~ - :( IDLEVVlLD STREET ~H \ ~ ~I I r- ftr.. A , ~ - - - GLENDALE ST -- GULF ROYAL WAY OF m n ~ MEXICO ;ZJ HEILWOOD ST t--- n\ BAY I--- J RlOS -lm Q rJ> AVA "" - <( "" ~ I L t: ~ RI~ tS - w _rJ> it ffH g - (/) z T 0 - a: Cl. j 0 JUANITA - .""". KENDALL ST r--- ~ ." '--- ~ \ 1 ~ ,- rR ~tI INS c I m I \ \ \ \ \ Future Land Use Plan Map Atlas Page: 258A Case: LUZ2005-10013 Site: Residentially Zoned Area of the Old Property Size 7.94 Florida District (acres) Land Use Zoning From: Number of 43 RH MHDR Parcels To: RFH T - 1 f @ '" '" " " '"rr "z 0: '" ~ ~ " " / 8 ~ L~ · I " . . /1. . nr. I I ACACIA STREET I /1 I 7 III - - -- - ~ - SOMERSET -- \ ----, w \ ::> - I-- z m \ w > - - <( (/) -u CAMBRIA STREET ~ - w ~ - - ::> m z , I w [ T - ~ IDLEV\IILD STREET ,...-- ~ \ I r- I-- ...-< ~ T f--- I---- a I---- GLENDALE ST GULF ROYAl WAY ~- OF m l MEXICO - HEILWOOD ST I - ~ BAY - \ \ '\ -1 ---'m AVA C l8/R Q ~ - <( -u ~ I L i= ~ - - W -..J (/) ~ en w z m > T 0 - ir 0- r- 0 JUANITA ---' ~ KENDAlLST WAY --" '---.: ~ w" m ,---- \ \ I z c - I l m I-- I \ Zoning Map Atlas Page: 258A Case: LUZ2005-10013 Site: Residentially Zoned Area of the Old Property Size 7.94 Florida District (acres) Land Use Zoning From: Number of 43 RH MHDR Parcels To: RFO T Jarzen, Sharen From: Sent: To: Cc: Subject: Jarzen, Sharen Friday, March 03, 2006 4:26 PM Michael C. Crawford (E-mail) Ryan Brinson (E-mail); Brown, Steven Beach by Design Amendment Importance: High I understand that the Beach by Design amendment was scheduled to be heard at the March 15 PPC meeting. However, I wanted to let you know that the case was continued at the March 2 City Council meeting, and will not actually be heard for its first reading until the March 16 Council meeting. Also, I wanted to let you know that the Council directed us revise the ordinance to incorporate vesting provisions for developments exceeding the height limitations, and provisions to allow restaurants on properties fronting the Gulf of Mexico. How do you want to proceed with this case in regard to its being heard by the PPC. Please let us know and we will respond accordingly. Thanks for your help! Sharen J arzen, AICP Planning Department City of Clearwater 727-562-4626 1 Jarzen. Sharen From: Sent: To: Subject: Jarzen, Sharen Friday, March 03, 2006 11: 17 AM Clayton, Gina REo Council approvals Thanks, Sharen J arzen, AICP Planning Department City of Clearwater 727-562-4626 --mOnglnal Message--m From: Clayton, Gina Sent: Friday, March 03,200611:00 AM To: Brown, Steven; Ready, Cky; Jarzen, Sharen; Reynolds, Mike Subject: Council approvals Last night Council approved the annexation of 3012 Grand View, The annexation of 2066 The Mall was passed on 1st reading, as well as the LUZ for the Old Florida District. Gina L. Clayton Assistant Planning Director City of Clearwater gl na.c layton@myclearwater.com 727-562-4587 1 Jarzen, Sharen From: Sent: To: Cc: Subject: Clayton, Gina Friday, February 17, 20064,35 PM Jarzen, Sharen Brown, Steven FW Beach by Design Amendments This is the reVised LUZ ordinance for Old Florida m--Onglnal Message--m From: Dougall-Sides, Leslie Sent: Fnday, February 17, 20064:34 PM To: Clayton, Gina Subject: RE: Beach by Design Amendments Does this look o.k" then? ~ 7547-06.doc -----Onglnal Message----- From: Clayton, Gina Sent: Fnday, February 17, 20064:27 PM To: Dougall-Sides, Leslie Subject: RE: Beach by Design Amendments We submit to the state once its approved, ItS a small scale amendment -----Onglnal Message--m From: Dougall-Sides, Leslie Sent: Fnday, February 17, 20064:25 PM To: Clayton, Gina Subject: RE: Beach by Design Amendments Should I eliminate the entire Section 3., or is the ordinance still subject to State review? -----Onglnal Message-m- From: Clayton, Gina Sent: Fnday, February 17, 2006 10:05 AM To: Dougall-Sides, Leslie Cc: Brown, Steven; Jarzen, Sharen Subject: RE: Beach by Design Amendments << File: Ord. #7547-06, Land Use.doc>> --mOnginal Message----- From: Dougall-Sides, Leslie Sent: Friday, February 17, 20069:11 AM To: Clayton, Gina Subject: RE: Beach by Design Amendments O.k" do you have the Ordinance No. for that Ordinance handy? m--Onglnal Message----- From: Clayton, Gina Sent: Thursday, February 16, 20065:06 PM To: Brown, Steven; Jarzen, Sharen Cc: Dougall-Sides, Leslie Subject: FW: Beach by Design Amendments Importance: High 1 FYI - see below I have sent Dave Healey at the PPC the BBD amendments He will get those on the March 15th PPC agenda Also, we discussed that the land use plan amendment for Old Flonda does not need to be reviewed since the CountYWide Map designation of Community Redevelopment Dlstnct will not change, Leslie - I believe thiS w,1I necessitate a change in the language In Section 3 of the land use plan amendment ordmance because It states that the adoption of the plan amendment IS subject to approval of the land use deSignation by the Plnellas County BCC. Can you make that change for the March 2nd Council meetln~? Thanks. Steven and Sharen - if you have any questions, please let me know, --mOnglnal Message----- From: Clayton, Gina Sent: Thursday, February 16, 2006 5:00 PM To: 'dhealey@plnellascounty.org' Cc: Delk, Michael Subject: Beach by DeSign Amendments Dave, Thanks for meeting with Michael and I today to discuss amendments proposed to Beach by Design Attached is the ordinance making amendments to the Old Florida District provisions, as well as clarifications for the use of TDR on Clearwater Beach and the increase in hotel density from 40 to 50 units per acre, The CDB will review the ordinance on Feb, 21st and City Council will have 1st reading on March 2nd and final reading on March 16th, I would appreciate it if you would review these special area plan amendments and determine whether they require a full review or If the amendments can be considered for receipt and file I very much appreciate your offer to review these amendments at the March 15th PPC meeting' I also want to confirm that the City will not submit the future land use plan amendment for the Old Florida District for your review since the changes only impact the City's Future Land Use Plan map and not the Countywide Map Additionally I would like to confirm our agreement With you to add the City's Future Land Use Plan Map for Clearwater Beach to Beach by Design. This will require an amendment to be made to plan and we hope to determine the tlmeframe for thiS amendment within the next month or soon. We will discuss with you once we know If other Beach by DeSign changes will be forthcoming, Thanks again for your time and input and for expediting the review of the attached ordinance If I can be of any assistance in the work you are doing on the hotel density Issue, please don't hesitate to contact me << File 2-09-06 Final BBD Ord #7546-06 to CDB.doc >> Gina L. Clayton Assistant Planning Director City of Clearwater glna.c1ayton@myclearwater.com 727-562-4587 2 ORDINANCE NO. 7547-06 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY GENERALLY LOCATED ON CLEARWATER BEACH BETWEEN MANDALAY AVENUE AND THE GULF OF MEXICO BETWEEN KENDALL AND THE NORTH SIDE OF SOMERSET STREET EAST OF MANDALAY AVENUE IN THE OLD FLORIDA DISTRICT AS DESIGNATED BY BEACH BY DESIGN, THE SPECIAL AREA PLAN GOVERNING CLEARWATER BEACH FROM RESIDENTIAL HIGH TO RESORT FACILITIES HIGH; PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property as follows: Property See attached Exhibit A legal description (LUZ2005-10013) Land Use Cateaorv From: Residential High To: Resort Facilities High Future Land Use Plan Map See attached Exhibit B Section 2. The City Council does hereby certify that this ordinance is consistent with the City's comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, subject to a determination by the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to 9 163.3189, Florida Statutes. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor ( Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Jarzen, Sharen From: Sent: To: Cc: Subject: Clayton, Gina Fnday, February 17, 2006435 PM Dougall-Sides, Leslie Jarzen, Sharen, Brown, Steven RE: Beach by Design Amendments looks great to me. -----Onglnal Message----- From: Dougall-Sides, Leslie Sent: Fnday, February 17, 20064:34 PM To: Clayton, Gina Subject: RE: Beach by Design Amendments Does thiS look o.k" then? << File' 7547-06,doc >> -----Onglnal Message----- From: Clayton, Gina Sent: Friday, February 17, 20064:27 PM To: Dougall-Sides, Leslie Subject: RE: Beach by Design Amendments We submit to the state once ItS approved. its a small scale amendment. -----Onglnal Message----- From: Dougall-Sides, Leslie Sent: Fnday, February 17, 20064:25 PM To: Clayton, Gina Subject: RE: Beach by Design Amendments Should I eliminate the entire Section 3 , or IS the ordinance still subject to State review? -----Onglnal Message----- From: Clayton, Gina Sent: Fnday, February 17, 2006 10:05 AM To: Dougall-Sides, Leslie Cc: Brown, Steven; Jarzen, Sharen Subject: RE: Beach by Design Amendments << File: Ord #7547-06, Land Use,doc>> -----Onglnal Message----- From: Dougall-Sides, Leslie Sent: Fnday, February 17, 20069:11 AM To: Clayton, Gina Subject: RE: Beach by Design Amendments Ok, do you have the Ordinance No for that Ordinance handy? -----Onglnal Message----- From: Clayton, Gina Sent: Thursday, February 16, 2006 5:06 PM To: Brown, Steven; Jarzen, Sharen Cc: Dougall-Sides, Leslie Subject: FW: Beach by Design Amendments Importance: High FYI - see below. I have sent Dave Healey at the PPC the BBD amendments, He Will get those on the March 15th PPC agenda Also, we discussed that the land use plan amendment for Old Flonda does not need to be reviewed since the CountYWide Map designation of Community 1 Redevelopment District will not change. Leslie - I believe this will necessitate a change In the language In Section 3 of the land use plan amendment ordinance because it states that the adoption of the plan amendment is subject to approval of the land use designation by the Pinellas County BCC, Can you make that change for the March 2nd Council meeting? Thanks, Steven and Sharen - if you have any questions, please let me know -----Original Message--m From: Clayton, Gina Sent: Thursday, February 16, 20065:00 PM To: 'dhealey@plnellascounty.org' Cc: Delk, Michael Subject: Beach by Design Amendments Dave, Thanks for meeting with Michael and I today to discuss amendments proposed to Beach by Design Attached is the ordinance making amendments to the Old FlOrida District provisions, as well as clarifications for the use of TDR on Clearwater Beach and the Increase in hotel density from 40 to 50 units per acre. The CDB will review the ordinance on Feb, 21st and City Council will have 1 st reading on March 2nd and final reading on March 16th, I would appreciate it If you would review these special area plan amendments and determine whether they require a full review or if the amendments can be considered for receipt and file. I very much appreciate your offer to review these amendments at the March 15th PPC meetingl I also want to confirm that the City will not submit the future land use plan amendment for the Old Florida District for your review since the changes only impact the City's Future Land Use Plan map and not the Countywide Map. Additionally I would like to confirm our agreement with you to add the City's Future Land Use Plan Map for Clearwater Beach to Beach by Design, This will require an amendment to be made to plan and we hope to determine the timeframe for thiS amendment within the next month or soon We will discuss with you once we know If other Beach by Design changes will be forthcoming, Thanks again for your time and input and for expediting the review of the attached ordinance. If I can be of any assistance In the work you are doing on the hotel density issue, please don't hesitate to contact me. << File: 2-09-06 Final BBD Ord #7546-06 to CDB,doc >> Gina L. Clayton Assistant Planning Director City of Clearwater gina.c layton@myclearwater.com 727-562-4587 2 ORDINANCE NO. 7547-06 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY GENERALLY LOCATED ON CLEARWATER BEACH BETWEEN MANDALAY AVENUE AND THE' GULF OF MEXICO BETWEEN KENDALL AND THE NORTH SIDE OF SOMERSET STREET EAST OF MANDALAY AVENUE IN THE OLD FLORIDA DISTRICT AS DESIGNATED BY BEACH BY DESIGN, THE SPECIAL AREA PLAN GOVERNING CLEARWATER BEACH FROM RESIDENTIAL HIGH TO RESORT FACILITIES HIGH; PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORI DA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property as follows: Property See attached Exhibit A legal description (LUZ2005-10013) Land Use Cateqorv From: Residential High To: Resort Facilities High Future Land Use Plan Map See attached Exhibit B Section 2. The City Council does hereby certify that this ordinance is consistent with the City's comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, subject to a determination by the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to ~ 163.3189, Florida Statutes. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides . Assistant City Attorney Cynthia E. Goudeau City Clerk Jarzen, Sharen From: Sent: To: Cc: Subject: Clayton, Gina Friday, February 17, 2006 11 :00 AM Brown, Steven Jarzen, Sharen RE: Beach by Design Amendments She prepares all of the LUZ ordinances and she is makmg the change. -----Onglnal Message----- From: Brown, Steven Sent: Fnday, February 17, 2006 10:25 AM To: Clayton, Gina Cc: Jarzen, Sharen Subject: RE: Beach by Design Amendments So does this mean that Leslie is going to make these changes, or are we? -----Onglnal Message----- From: Clayton, Gina Sent: Fnday, February 17, 2006 10:05 AM To: Dougall-Sides, Leslie Cc: Brown, Steven; Jarzen, Sharen Subject: RE: Beach by Design Amendments <<File Ord. #7547-06, Land Use, doc >> ) -----Original Message----- From: Dougall-Sides, Leslie Sent: Fnday, February 17, 20069:11 AM To: Clayton, Gina Subject: RE: Beach by Design Amendments O.k" do you have the Ordinance No, for that Ordmance handy? -----Onglnal Message----- From: Clayton, Gina Sent: Thursday, February 16, 2006 5:06 PM To: Brown, Steven; Jarzen, Sharen Cc: Dougall-Sides, Leslie Subject: FW: Beach by Design Amendments Importance: High FYI - see below, I have sent Dave Healey at the PPC the BBD amendments He will get those on the March 15th PPC agenda. Also, we discussed that the land use plan amendment for Old Florida does not need to be reviewed since the Countywide Map designation of Community Redevelopment District will not change Leslie - I believe this will necessitate a change In the language In Section 3 of the land use plan amendment ordinance because It states that the adoption of the plan amendment IS subject to approval of the land use designation by the Pinellas County BCC, Can you make that change for the March 2nd Council meeting? Thanks. Steven and Sharen - if you have any questions, please let me know. -----Onglnal Message----- From: Clayton, Gina Sent: Thursday, February 16, 2006 5:00 PM To: 'dhealey@pinellascounty.org' Cc: Delk, Michael Subject: Beach by Design Amendments Dave, Thanks for meeting with Michael and I today to discuss amendments proposed to Beach by Design, 1 Attached is the ordinance making amendments to the Old Florida District provisions, as well as clarifications for the use of TDR on Clearwater Beach and the increase in hotel density from 40 to 50 units per acre. The CDB will review the ordinance on Feb. 21st and City Council will have 1st reading on March 2nd and final reading on March 16th I would appreciate It if you would review these special area plan amendments and determine whether they require a full review or if the amendments can be considered for receipt and file. I very much appreciate your offer to review these amendments at the March 15th PPC meeting! I also want to confirm that the'Clty will not submit the future land use plan amendment for the Old FlOrida District for your review since the changes only impact the City's Future Land Use Plan map and not the Countywide Map, Additionally I would like to confirm our agreement with you to add the City's Future Land Use Plan Map for Clearwater Beach to Beach by Design. ThiS will require an amendment to be made to plan and we hope to determine the timeframe for thiS amendment within the next month or soon. We will discuss with you once we know if other Beach by Design changes will be forthcoming Thanks again for your time and input and for expediting the review of the attached ordinance. If I can be of any assistance in the work you are doing on the hotel density issue, please don't hesitate to contact me << File. 2-09-06 Final BBD Ord. #7546-06 to CDB,doc >> Gma L. Clayton Assistant Planning Director City of Clearwater g ina.c layton@myclearwater.com 727-562-4587 2 .~ ~ Jarzen, Sharen From: Sent: To: Cc: Subject: Clayton, Gina Fnday, February 17, 2006 10,05 AM Dougall-Sides, Leslie Brown, Steven, Jarzen, Sharen RE Beach by Design Amendments ~ o Ord. #7547-06, Land Use.doc -----Onglnal Message----- From: Dougall-Sides, Leslie Sent: Fnday, February 17, 20069:11 AM To: Clayton, Gina Subject: RE: Beach by Design Amendments Ok, do you have the Ordinance No for that Ordinance handy? -----Onglnal Message----- From: Clayton, Gina Sent: Thursday, February 16, 20065:06 PM To: Brown, Steven; Jarzen, Sharen Cc: Dougall-Sides, Leslie Subject: FW: Beach by Design Amendments Importance: High FYI - see below I have sent Dave Healey at the PPC the BBD amendments, He Will get those on the March 15th PPC agenda Also, we discussed that the land use plan amendment for Old Flonda does not need to be reviewed since the CountYWide Map designation of Community Redevelopment Distnct Will not change Leslie - I believe this Will necessitate a change In the language In Section 3 of the land use plan amendment ordinance because It states that the adoption of the plan amendment IS subject to approval of the land use designation by the Plnellas County BCC Can you make that change for the March 2nd Council meeting? Thanks Steven and Sharen - If you have any questions, please let me know -----Onglnal Messagen--- From: Clayton, Gina Sent: Thursday, February 16, 2006 5:00 PM To: 'dhealey@plnellascounty.org' Cc: Delk, Michael Subject: Beach by Design Amendments Dave, Thanks for meeting with Michael and I today to discuss amendments proposed to Beach by Design Attached IS the ordinance making amendments to the Old Florida Distnct provisions, as well as c1anficatlons for the use of TDR on Clearwater Beach and the Increase In hotel density from 40 to 50 units per acre The CDB Will review the ordinance on Feb, 21st and City Council Will have 1st reading on March 2nd and final reading on March 16th I would appreciate It If you would review these special area plan amendments and determine whether they require a full review or if the amendments can be conSidered for receipt and file I very much appreciate your offer to review these amendments at the March 15th PPC meeting I I also want to confirm that the City will not submit the future land use plan amendment for the Old Florida Dlstnct for your review since the changes only Impact the City's Future Land Use Plan map and not the CountYWide Map Additionally I would like to confirm our agreement With you to add the City's Future Land Use Plan Map for Clearwater Beach to Beach by Design, This will require an amendment to be made to plan and we hope to determine the tlmeframe for thiS amendment Within the next month or soon. We Will discuss with you once we know If other Beach by Design changes Will be forthcoming, 1 Thanks agam for your time and input and for expediting the review of the attached ordinance If I can be of any assistance m the work you are doing on the hotel density issue, please don't hesitate to contact me << File' 2-09-06 Fmal BBD Ord. #7546-06 to CDB doc >> Gma L. Clayton Assistant Plannmg Director City of Clearwater g Ina.c layton@myclearwater.com 727-562-4587 ',' 2 ,: ORDINANCE NO. 7547-06 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY GENERALLY LOCATED ON CLEARWATER BEACH BETWEEN MANDALAY AVENUE AND THE GULF OF MEXICO BETWEEN KENDALL AND THE NORTH SIDE OF SOMERSET STREET EAST OF MANDALAY AVENUE IN THE OLD FLORIDA DISTRICT AS DESIGNATED BY BEACH BY DESIGN, THE SPECIAL AREA PLAN GOVERNING CLEARWATER BEACH FROM RESIDENTIAL HIGH TO RESORT FACILITIES HIGH; PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property as follows: Property See attached Exhibit A legal description (LUZ2005-10013) Land Use Cateqorv From: Residential High To: Resort Facilities High Future Land Use Plan Map See attached Exhibit B Section 2. The City Council does hereby certify that this ordinance is consistent with the City's comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, subject to the approval of the land use designation by the Pinellas County Board of County Commissioners, and subject to a determination by the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to S 163.3189, Florida Statutes. The Community Development Coordinator is authorized to transmit to the Pinellas County Planning Council an application to amend the Countywide Plan in order to achieve consistency with the Future Land Use Plan Element of the City's Comprehensive Plan as amended by this ordinance. .' PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk Jarzen. Sharen From: Sent: To: Subject: Clayton, Gina Monday, February 13, 2006 9.41 AM Jarzen, Sharen Old Florida Importance: High ~ EJ Overall Reduclton of Density foo. Gma L. Clayton Assistant Planning Director City of Clearwater glna.clayton@myclearwater.com 727-562-4587 1 Old Florida Land Use Staff Report P.5 H. The subject site is part of the Clearwater Beach Community Redevelopment District (CRD). The special area plan known as Beach by Design governs development in this area. The proposed land use plan amendment will implement revisions being processed concurrently to Beach by Design to allow overnight accommodations in this part of the CRD. Overall Reduction of Density or Intensity. The proposed amendment to the Resort Facilities High (RFH) category would allow a maximum permitted residential density of 30 dwelling units per acre, which is the same density as permitted by the current Residential High (RR) category. The proposed RFH category would also allow overnight accommodations at 40 units per acre; however, it should be noted that a companion agenda item includes an amendment to Beach by Design, which would increase this density to 50 units per acre. While the RFH category also allows commercial uses, the companion amendment to Beach by Design will preclude them from locating in this area. The allowable residential density under the existing and proposed land use categories could result in a maximum of238 dwelling units if the entire 7.94 acres is developed with residential uses. Based on redevelopment trends occurring in this area of Clearwater Beach, as well as throughout Pinellas County, it is likely that the pattern of residential redevelopment will continue. Even if a portion of this area is redeveloped with overnight accommodations, no net increase in density in the Coastal High Hazard Area will occur because the Countywide Rules consider 50 hotel units per acre equivalent to 30 residential units per acre. Jarzen. Sharen From: Sent: To: Cc: Subject: Brown, Steven Friday, February 10, 2006 4:03 PM Clayton, Gina Delk, Michael, Jarzen, Sharen; Dougall-Sides, Leslie, Watkins, Sherry RE' Old Florida You have the LUZ in your box for reView, Let us know as soon as you have a chance to approve, and we will keep this movmg to Mike and meet that deadline Steven -----Onglnal Message----- From: Clayton, Gina Sent: Fnday, February 10, 20063:41 PM To: Brown, Steven; Jarzen, Sharen Cc: Delk, Michael; Dougall-Sides, Leslie; Watkins, Sherry Subject: Old Florida Importance: High The Old Florida amendments must be In FYI and to Cyndie G, on Monday by 12'00 In order to stay on the March 2nd Council agenda This means Michael must sign on Monday morning as well as Leslie If you have any questions, please let me know. I would Gina L. Clayton ASSistant Plannmg Director City of Clearwater g ma.c layton@myclearwater.com 727-562-4587 1 Jarzen, Sharen From: Sent: To: Subject: Jarzen, Sharen Friday, February 03, 2006 2 36 PM Brown, Steven LUZ2005-10013 Steve, attached for review is the report that contains text that was basically revised by yourself and the table revised by me (All changes are shown In yellow) I know that we had two questions One concerns the 400 dwelling Units shown on page 9 The other concerns the fact that we deleted the sentence "The existing capacity for the maximum potential of traffic generated by the amendment would not affect the evacuation route of the area. (See IV. Sufficiency of Public Facilities section.)" as it no longer seems to have any basis in fact if the 400 figure represents units that need to be evacuated during the normal process. Thanks! ! ~ ~ LUZ2005-10013 Staff Report-#3.... Sharen J arzen, AICP Plannmg Department City of Clearwater 727-562-4626 1 CDB Date: Case Number: Owner/Applicant: Representative: Address: Agenda Item: December 20, 2005 LUZ2005-10013 City of Clearwater Planning Department Old Florida District D-3 CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT BACKGROUND INFORMATION REQUEST: (a) Future Land Use Plan amendment from the Residential High (RH) Classification to the Resort Facilities High (RFH) Classification; and (b) Rezoning from the Medium High Density Residential (MHDR) District to the Tourist (T) District. SITE INFORMATION PROPERTY SIZE: 7.94 acres PROPERTY USE: Current Use: Proposed Use: Single Family Residential, Multi-Family Residential & Overnight Accommodations Multi-Family Residential & Overnight Accommodations PLAN CATEGORY: Current Category: Proposed Category: Residential High (RH) Classification Resort Facilities High (RFH) Classification ZONING DISTRICT: Current District: Proposed District: Medium High Density Residential (MHDR) District Tourist (T) District EXISTING SURROUNDING USES: North: Single Family Residential South: Residential, Retail & Overnight Accommodations East: Residential, Retail & Overnight Accommodations West: Gulf of Mexico Staff Report - Community Development Board - December 20,2005 - Case LUZ2005-09012 Page 1 ANALYSIS: The Planning Department undertook a study of the Old Florida District on Clearwater Beach to clarify the vision of the District and to eliminate any discrepancies between Beach by Design, the special area plan governing Clearwater Beach and the underlying land use and zoning. As a result of the ideas generated by four public meetings, as well as policy direction provided by City Council on August 29, 2005, the Planning Department has developed amendments to Beach by Design. Currently the Plan specifies that the "preferred form of development" include townhomes and single-family dwellings mid-rise in height. The proposed amendments specify that all forms of new development be in the form of attached dwellings and overnight accommodations throughout the District, as well as commercial uses along Manda1ay Avenue. Additionally, the amendments provide for a maximum building height of 65 feet in areas located 60 feet south of Somerset Street. At present, the Old Florida District has future land use plan (FLUP) designations of Resort Facilities High and High Density Residential and zoning categories of Tourist and Medium High Density Residential. In order to implement the proposed revisions to Beach by Design, it is necessary to amend the residentially designated area of the District (see Future Land Use Plan Map). This Future Land Use Plan (FLUP) amendment and rezoning application involves 43 parcels of land, approximately 7.94 acres in area generally located on Clearwater Beach between Mandalay Avenue and the Gulf of Mexico between Kendall Street and the north side of Somerset Street. A mix of single-family residential, multi-family residential and overnight accommodation uses currently occupies the area. The site has a FLUP designation of Residential High (RR) and is zoned as a Medium High Density Residential (MHDR) District. These designations allow residential uses up to 30 units per acre and up to 50 feet in height. In order to allow the additional use of overnight accommodations and development up to 65 feet in height, as proposed in the amendments to Beach by Design, the Planning Department is requesting to amend the FLUP designation of the site to the Resort Facilities High (RFH) classification and to rezone it to the Tourist Districf!;', The Planni1;lg, Dep~iim~pt is' af~o jtequestifigJrai<B~~ch lif; ~-A >"" >";'<<"<:W/~ ~/ > -.. ~>: ~'w~~~~~'< ~ ~~. ~z, , I ~ i< ,,, Design be amended to ii1cr~:~~,e;the allowabl~ densiiYL9J,py,ernignt ~ccofuni~~dalions"wfrom ~O unit? <, , " , , > ~~v~", ~ v ~ ~", > -' ,," ,,,.,<~,,~t'~~~~, '/ ,.,,,><> /~r' >>x,.h '" ~x<,;/:..:, <" B~!;~l(;re to 5,o:lli!H~, per"acr~:;:;(See ,COnlP",'M!!g,Il, ari1eJ!glll~p:rfb B(!J}c~},bxl)e~igr],;,special ,~~a:pmm~ In accordance with the Countywide Plan Rules, the land use plan amendment is subject to approval by the Pinellas Planning Council and Board of County Commissioners acting as the Countywide Planning Authority. I. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN [Section 4-603.F.l] 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: Staff Report - Community Development Board - December 20,2005 - Case LUZ2005-10013 Page 2 2.1.2 Policy - Renewal of the beach tourist district shall be encouraged through the establishment of distinct districts within Clearwater Beach, the establishment of a limited density pool of additional hotel rooms to be used in specified geographic areas of Clearwater Beach, enhancement of public rights-of-way, the vacation of public rights-of- way when appropriate, transportation improvements,- inter-beach and intra-beach transit, transfer of development rights and the use of design guidelines, pursuant to Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines. 2.2 Objective - The City of Clearwater shall continue to support innovative planned development and mixed land use development techniques in order to promote infill development that is consistent and compatible with the surrounding environment. 2.2.1 Policy - On a continuing basis, the Community Development Code and the site plan approval process shall be utilized in promoting infill development and/or planned developments that are compatible. 3.0 Goal - A sufficient variety and amount of future land use categories shall be provided to accommodate public demand and promote infill development. 5.1.1 Policy - No new development or redevelopment will be permitted which causes the level of City services (traffic circulation, recreation and open space, water, sewage treatment, garbage collection, and drainage) to fall below minimum acceptable levels. However, development orders may be phased or otherwise modified consistent with provisions of the concurrency management system to allow services to be upgraded concurrently with the impacts of development. Recommended Conclusions of Law: The proposed plan amendment is 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 Resort Facilities High (RFH) category, as specified in Section 2.3.3.4.6 of the Countywide Rules, is to designate areas in the County that are now developed, or appropriate to be developed, in high density residential and resort, tourist facility use; and to recognize such areas as well-suited for the combination of residential and transient accommodation use consistent with their location, surrounding uses, transportation facilities and natural resource characteristics of such areas. The Resort Facilities High (RFH) category is generally appropriate to locations where unique recreational assets warrant the combination of permanent and temporary accommodations in close proximity to and served by the arterial and major thoroughfare network, as well as by mass transit. New development at this density will be discouraged in coastal high hazard areas and evacuation level "A" areas. Staff Report - Community Development Board - December 20,2005 - Case LUZ2005-10013 Page 3 This area of Old Florida is located along the Gulf of Mexico and is accessed by Mandalay Avenue, which is the major north-south arterial on North Clearwater Beach. The area is also served by mass transit by the Pinellas Suncoast Transit Authority. Additionally, this area is currently developed with a variety of residential and overnight accommodation uses and is adjacent to RFH designated land to the immediate east and south. Based on historical development patterns and current uses, this area has functioned as a tourist area. The current underlying future land use plan designation of Residential High allows residential development at 30 units per acre, which is consistent with the density allowed by the RFH category. The RFH would also allow overnight accommodation uses at a density of 40 units per acre. It should be noted however, that the emerging pattern of redevelopment has been residential in character throughout the entire Old Florida District. IP:Silbultl ai~b Be:noted that the,P:PMlning , ^ A ' ~ "'~Y:::'<<~n~;:rx/'V,.n-'i' ~ "' ~s%~t J%G <,L~~'- J1Bb Department;1Elfn1a"c'ompanion' agendaf,iU;~rn>;amending' ~each byJ''Desig~~ids r~questlng to"'incr~asc;; Hie:,allowatj1~:'a~A~ifG::~f overnighuicc'5ililir6tl~tio~~';fr~rit40 uriits "(4:er li6re to" 50 ,~~ts~(!1~r actlg. ' , ' ,Y , ,',<0~""",,,,",,,,",,",,,, ,', ," ''', ," 11 ,,,',,, '" "~ ,h"" , The Pinellas Planning Council (PPC) and Countywide Planning Authority (CPA) have policies that specifically address Countywide Future Land Use Plan amendments in the Coastal High Hazard Area (CHHA). The policy specifies that such amendments should generally be denied. However, approval may be granted upon a balancing of the following criteria, as determined applicable and significant to the amendment. A. Distinction between direct storm damage and damage to evacuation routes. The subject site is susceptible to storm damage due to the site's location on both the Intracoastal Waterway and the Gulf of Mexico in an AE flood zone, with the very western edge being located in a VE flood zone. The evacuation route is in close proximity to the Memorial Causeway Bridge via Manda1ay Avenue. This evacuation route is adequate to serve the existing and proposed land use category. B. Access to Emergency Shelter Space and Evacuation Routes. Currently there is a shortage of emergency shelters countywide. However, as there is no change in the allowable residential density between the current zoning and future land use and the proposed zoning and future land use, there should be no increase in the residential density. Emergency shelter planning provides for a percentage of residents that will utilize family, friend or hotel accommodations during evacuation situations and not emergency shelter space. As there is no increase in the allowable density, it will not have a negative impact on shelter space or evacuation routes. C. Utilization of Existing and Planning Infrastructure. This criterion is not applicable since the use of the site for the proposed residential purposes will not require the expenditure of public funds for the construction of new, unplanned infrastructure. D. Utilization of Existing Disturbed Areas. This criterion is not applicable since the site is currently developed and not a natural area. E. Maintenance of Scenic Oualities and Improvement of Public Access to Water. The subject site currently provides public access to the Gulf of Mexico at the end of the east- Staff Report - Commumty Development Board - December 20, 2005 - Case LUZ2005-1 00 13 Page 4 west streets that terminate at the Gulf. This will not change if the proposed amendment is adopted. F. Water Dependent Use. The site is currently occupied by residential areas, and not a water dependent use. G. Integral Part of Comprehensive Planning Process. The requested amendment has been initiated by the City of Clearwater as an integral part of its comprehensive planning process consistent with the City of Clearwater Comprehensive Plan. H. Part of Community Redevelopment Plan. The requested amendment is designated in a Community Redevelopment Plan as defined by Florida Statutes and is designated by Pinellas County as a Community Redevelopment District as a neighborhood that requires a special plan. 1. Overall Reduction of Density or Intensitv. The proposed amendment would alse allow a ~'< ",>~,~ , ,Vd">-<<~,, < /"<::'<;1<:; maximum permitted residential density of 30 units per acre, whiell ~ouI4:::pernl!( a <,,~~'.<<'<,=x~<<>:<<_<<,,'<"'>:>:~ v,<<<""~~,, ? /v ~'""/ ,~'" ,,'<~~, ~~"v< ~ "'~'~'X" <~V?~"""'''"Y;'r~y;;~>:>;,~<, , -''<Y> V^ /~ v ,..-<J}'"~ maxirnlrtff:;:of 238';;'ie'sidentiaI:,'dwelling,: units ~it the entire:::? .9'4' acres is'~)developed~;as , -' ~ ,/:;~-";::',,v~~",.;~,.;a'''' '-'<<<>>~ ^ </V<' ><UV?/, ""V(~~~;ih~/,.~" ~?} <N1ii'., <,,1~~';> ~:<<:,,~> ..:*~t&i:: "/{~,'<,, ~,'- [(~~jS'~~1!~I~:::and'~Hts,~ ' wo,uW:i;:n,~Y :'~ep~~~~~~:::~~~r,'mcrease,"'m "'intensity. ,:,Jhe:Ji~[oP~~,~d am~n9Jl,!~,nt/;alorig):witl;t the cpmpaniOli amenatffen't to::Bea?h li~; D~~jgn" p'eing'proposed <.. Me" ~',(' :<px~~~;<<::>:i<<~Ax, < ' ,4~B~g~b.1{^ > > 00 ,~~x^ v" , ,/ ~-...,.. / 1llit4(^ < ~";~~< py: the )';Praiming:::Ueparttffent;;;,,\\:p:u1~ "ii}~~~~l~::~!he ,;~!lo~ab,!~ densitY'" fQp,:foV,~~fg~1 accqmmodationsfrom 40 unitsep~r';!l:<fJ;e.ii!Qii~Q:i}Yiits p~et:aC?r~. :W 'lil{ely '~cenario '!!light K1ie, ".. ' " ,,>. <'<~ "'<,.,.....,,.,,,<~~~,,?t> 4 " ,&t1h~ ~M~, j~~~x,^,> ""w'" H 0 ",. for th~ pr9peDY to be developed ,with 'aiIDi~ture of ii~~stJtat ~~ouJ;g: i~~luqx multi - famify ~ . .>' A . A A , . v/ X xv n,,. > -..~~~~, "Yili~~/ ~iBw(, x:w,y~" y~r~' " " . '~~ r'~~~~,~~tIal,~:,,;?vermgh~ accQ~g<!~t:W~~j;!;~g;:\;!!1e c2~niirr~Cl~,I' ~~es ~:thatw'arei;%typ~c~~lx ~~,~~91~!~g:,)YJJh overmgh( a9~~~Qg~tlQIJ:S2:as),accessory: uses. ,:~jhWwq1ll(U?,e ren~gtlve,of the,existing land uses,:in the area: '"':'''''';<XXX'';<':<,,"7''*~~:<''''' " v ,~,' ~,.,>,. < 'x~%Mr<~~w;"''')'< A previous, .studY':ot,:a;;;portion of the Old' FloriQ,~;;Di~1rict,:th~t: in~hlde,g:"this property . <;:~Yi~~:~;::i::~"(,,~~~ ,~~g,:<@~%.r . . ...)/ N" . dh. ,x< ~~(:;::q8:U;h. pomted out a,,!!lJX;J)f;:)Jses, wIthm that area. The'sJl1ay f6tlnd'ithaf;the pnm~ usesA:1H"tl}e MHDR zoniIig~~n~:mSi~~h~t is the subject oftl\i~'RtQ~~se~i;~~h~~nt;~er~:;ppro~jiP~iely >:"';<~""'''~'''%''',,>'~' [,. ;./ / ' ""~ -"~"<'lh/ "~" ...... ",,,. / ,"'" ~,':<~(~~, '"' _~x<<xx""x"'~l<"~~~ ~O percent ov~riifgh'Lac90mmodations, 36 percenI multi-family residences~"and a mixfure Qf sing1e-farfii1~::antl;"tluI)Iex, making "up ,the retffaimng;';t~ p~rcent. ii;;;is 'liKely" that the ~m~gr~;faini1)rand dup1eX,units will be absorbed into the overnight accomtffodations ,and ,~",<"", -,^"v/,,< '''' > ^ ~'y" , " > inulti~famjlx,:';~ses, raising1iijh~ii;;nQ1~n1i~lii;:mq~Jy, that,~iiJhe:;, fy,tuie,:, mix ~Qu1d include < vvvv~ ~x ;,C;"~~~";~~<Y> ~S;<.,+::~~~~ , > "hXL,j;"hWx~Wf%"~LA<:ldh"A:>:~%o:d,~n~,,,j~%A.yy{v;: ,. .;: # ,->.~%-~' ,,? , ",,<,,~ ~M,"v ,^y~M aRR1;g:~:!m~!~J*"57 percen'fov~1Tiigllr:ac~orpmodations' and"43 percent multi::fami1y. This would "mean that using this ,'foretast'"" a:"potentla1j:exists':for :'approximate1y"226';:overnight accomIno'dations :and,u1 02 minti~f~il' "'licii~j{o~Z(~fir~"? 9~ a~re~::;fo;{{{i tot~i 0{;~2?8' units* .< '~'" :, > ,~'{3n~~Z1:~~~ ,Y '>/~r~~\>{,,;::~,~><~~ Yx:~ ^'<,::^/.<)~:\S,~,,:t:%~~:~~gt;x^; ,~)T, ~~.2,.. ",~lr;i< ,,:~x: ,;;;y "d~~~/C ",NV= ~V^' whicli cOl:ll(trept~~~i![~,nytjn.gJ1~~~Sl,',Ot:;f)O ;to.tal:@if~'9V~!\'Wrrat ,W ct$'ent!y,pernljtted'. J. Clustering of Uses. The entire site is located within the Coastal High Hazard Area, therefore the clustering uses of a portion of the site outside the CHHA is not possible. ^ ~}",qm~x~~~",",M"'"<\'~~,<"u*:::r.:V""M~""~%pxw+,"rr' w > ~ ^ 'h' '^ , ::'--:::-::::Wx~" h,"~h ,.." ^ ~"" -.,.~ ^ ~ ,." [1,W reque~ted ~eridm:~~t,to the Futu~e, ~and Use~P~~!~,~~ul~ i~presen!,a n~t inqrease~in ~~U~i!Y,)ut~l!9yJ:q not"pl~9~ ,any ~agsli~i~nal dwelling;,unit~; iIi~;the1~~, arrsLpdul<k:ngJ Staff Report - Community Development Board - December 20,2005 - Case LUZ2005-10013 Page 5 sih51\~ct ,Jhe site,=~tb incr~asea;7,nos~ibli"'aire'cr~:stdtfu, diirriil'ge:;;over' 'thaC:whicli~:wou1d < " J v <<;<>.Hi!>.</ > '-",.~" v~ " ' .t'"..;..;,..r // >.~>.y.:<>:> //W,;-." ~;iV ~""/ ," ,.d M,n otlierw:is~':have;'occurred. ' . / /0' ~, ,'~~'^"~~^/ Recommended Conclusions of Law: The proposed plan amendment is consistent with the purpose and 10cational characteristics of the Countywide Plan. III. COMPATIBILITY WITH SURROUNDING PROPERTY/CHARACTER OF THE CITY & NEIGHBORHOOD [Sections 4-602.F.2 & 4-603.F.3] Recommended Findings of Fact: A variety of uses characterize the area to the east and south of the site. They include a mix of retail, residential and overnight accommodations. The area to the north is occupied by single family residences, while the area to the west is the Gulf of Mexico. The proposed Future Land Use Plan (FLUP) designation and rezoning are in character with the overall FLUP designation in the area and are compatible with the surrounding uses. The proposed Resort Facilities High (RFH) classification is consistent with the proposed use of the area for multi-family dwelling units and overnight accommodations. Through a concurrent amendment to Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines (BBD), no retail or commercial will be allowed in the area proposed to be rezoned. The change in the zoning from Medium High Density Residential (MHDR) to Tourist (T) is more compatible with the proposed height of certain portions ofthe district being permitted to 65 feet. Recommended Conclusions of Law: The proposed plan and zoning atlas amendments are compatible with surrounding properties and the character of the City and neighborhood. IV. SUFFICIENCY OF PUBLIC FACILITIES Recommended Findings of Fact: As stated earlier, the overall subject site is approximately 7.94 acres in area and is presently occupied by single family and multi-family residential, as well as overnight accommodations. The applicant is requesting to amend the FLUP designation of the site to the Resort Facilities High (RFH) and to rezone it to the Tourist (T) District. The current FLUP Residential High (RR) category permits a primary use of only residential. However, the Resort Facilities High (RFH) category permits the development of both residential and transient accommodations, as well as tourist facilities and offices. Roadways The accepted methodology for reviewing the transportation impacts of proposed plan amendments is based on the Pinellas Planning Council's (PPC's) traffic generation guidelines. The PPC's traffic generation rates have been calculated for the subject site based on the existing and proposed FLUP categories and are included in the next table that examines the maximum Staff Report - Community Development Board - December 20,2005 - Case LUZ2005-10013 Page 6 potential traffic of the future land use plan amendment from the Residential High (RH) to the Resort Facilities High (RFH) classification. Based on the 2005 Pinellas County Metropolitan Planning Organization (MPO) Level of Service Report, the segment of Mandalay Avenue in the Level of Service (LOS) Report that is most affected by traffic in the Old Florida District is the one that runs from Royal Way south to Pier 60 that has a LOS ofC. Maximum Dall Added Potential Tri s Maximum PM Peak Hour Added Potential Tri S3 V olume of Mandalay Avenue from El Dorado Circle to Pier 60 13,939 15,392 16,400 1,008 LOS of Mandalay Avenue from Royal Way to PIer 60 C C C C N/A = Not A hcable LOS = Level ofSefVIce I = Based on PPC calculatIOns oftri s er acre er da for the Residential Suburban Future Land Use Cate 0 . 2 = Based on PPC calculatIOns oftn s er acre er da for the ResidentIal Low MedIUm Future Land Use Cate 0 3 = Based on MPO K-factor of 0,095 Source "The Coun ide Plan Rules", as amended throu h Au ust 8, 2005 b the Pmellas Planmn Council The proposed FLUP category of Resort Facilities High (RFH) could generate an increase in PM peak hour traffic on this segment of Manda1ay Avenue by a total of 96 trips. Based on the volume/capacity ratio that takes into account the signalization and number of lanes, it will not result in the degradation of the existing LOS to the surrounding road network according to the City of Clearwater Engineering Department. Additionally, the concurrent Beach by Design amendment will preclude commercial or office uses from developing in this area. Traffic from the subject site will be distributed to Mandalay Avenue. The site is currently accessed from the north and south along the beach corridor via that roadway. Specific uses that are permitted in the current and proposed zoning districts have also been analyzed for the level of vehicle trips that could be generated based on the Institute of Transportation Engineer's Trip Generation report. Please note that detached dwellings will not be permitted in the proposed zoning and future land use plan, but overnight accommodations will be. Below is this comparison in the change of land use that will be permitted. A hotel use, as opposed to a motel use, is a viable comparison, because according to the Trip Generation report, a hotel is defined as supporting facilities such as restaurants. As commercial or office uses will not be allowed in this area, a motel is used for a comparison. Staff Report - Community Development Board - December 20,2005 - Case LUZ2005-10013 Page 7 Existin Smgle FamIly Detached Housing N/A Motel - AifRoW*niS ~2 <<<<~'*l -2,1, The City of Clearwater Engineering Department has concluded that the transportation impacts associated with this land use plan amendment will not result in the degradation of the existing LOS to the surrounding road network. The LOS in that section of Mandalay Avenue will not chan,ge if the si~~:;~~,~,:<~,sed. for ?vern~,~ht< a~comm<?~;~i~lrs," :,!h~~~~ti~nc~~~f ' ~~* tFiW,s. wi1~ ~ctu:u1y decr~,~~,~,~lI'th~ ~It~~~,.used for ~Rmo~~Jlt~&>!!!~; as op~o~,~~ J~U~lj!g slte~ fOJl;SIng~ [annly detayhed,d\\l:elhn~ Also the net Increase of average dally tnps WIll decrease If the total number of motel rooms is used for a comparison. All overnight accommodations will be classified at a motel level, as hotels imply accessory service or retail uses, and those uses will not be permitted in the area when it is rezoned. Mass Transit The Citywide LOS for mass transit will not be affected by the proposed plan amendment. The total miles of fixed route service will not change; the subject site is located along an existing transit route named the Suncoast Beach Trolley with service along Mandalay Avenue from approximately 6:30 AM to 9:20 PM and virtually all headways are less than or equal to one hour. Service is provided by the Pinellas Suncoast Transit Authority (PST A) and the Trolley connects at various points to five different bus routes along the beach area, as well as has access to the Park Street Terminal in downtown Clearwater. Water The current FLUP category could use up to 59,550 gallons per day. Under the proposed FLUP categories, water demand could approach approximately 79,400 gallons per day. The proposed land use will not negatively affect the City's current LOS for water. Wastewater The current FLUP category could produce up to 47,640 gallons per day. Under the proposed FLUP categories, sewer demand could approach approximately 63,520 gallons per day. The proposed land use amendment will not negatively affect the City's current LOS for wastewater. Solid Waste The current Residential High FLUP category would result in the production of 604 tons of solid waste per year. Under the proposed FLUP category, the proposed restaurant could generate 805 tons of solid waste per year. The proposed land use and plan amendment will not negatively affect the City's current LOS for solid waste disposal. Staff Report - Community Development Board - December 20,2005 - Case LUZ2005-10013 Page 8 Recreation and Open Space . The proposed future land use plan and zoning designations will permit the development of up to m AGO dwelling units. However, payment of an Open Space, Recreation Land and Recreation Facility impact fee will not be required at this time; impact fees will be required as the sites are redeveloped with new uses that result in an increase in units. The amount and timing of this fee is dependent on the number of developed units and will be addressed and paid during the site plan reVIew process. Recommended Conclusions of Law: It has been determined that the traffic generated by this plan amendment will not result in the degradation of the existing LOS to the surrounding road network. It has also been determined that the amendment and rezoning will not negatively affect the City's current level of service for mass transit, water, wastewater, solid waste, or recreation and open space. Based on the findings above, the proposed FLUP and rezoning does not require nor affect the provision of public services in a negative manner. V. IMPACT ON NATURAL ENVIRONMENT [Section 4-603.F.5.] Recommended Findings of Fact: As properties are redeveloped, site plan approval will be required. At that time, the stormwater management system will be required to meet all City and Southwest Florida Water Management District (SWFWMD) stormwater management criteria. Recommended Conclusions of Law: Water quantity and quality will be controlled in compliance with the Clearwater Comprehensive Plan. The entire area is located in either Flood Zone of AE or VE, but is entirely developed. Consequently, as the area is redeveloped, the natural environment will not be affected adversely. VI. LOCATION OF DISTRICT BOUNDARIES [Section 4-602 .F.6.] Recommended Findings of Fact: The location of the proposed Tourist (T) District boundaries are logical based on the historical use of this property and the remainder of the Old Florida District that is zoned as T that is not zoned for institutional or recreational uses. This rezoning will consolidate this site into the appropriate zoning district. It will blend into the existing zoning and uses of the Old Florida District. Recommended Conclusions of Law: The district boundaries are appropriately drawn in regard to location and classifications of streets and ownership lines. Staff Report - Community Development Board - December 20, 2005 - Case LUZ2005-1 00 13 Page 9 VII. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT CODE AND CITY REGULATIONS [Sections 2-701.1 & 4~602.F.1. and .2.] Recommended Findings of Fact: The existing future land use plan category and zoning district permits 30 dwelling units per acre. The proposed Resort Facilities High (RFO) land use category and Tourist (T) district also permits 30 dwelling units per acre, but also allows 40 units per acre for overnight accommodations. Recommended Conclusions of Law: The proposed use of this property as multi-family residential and overnight accommodations is consistent with the uses allowed within the development standards for the Tourist (T) zoning district. 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 FLUP from the Residential High (RR) category to the Resort Facilities High (RFH) category and a rezoning from the Medium High Density Residential (MHDR) to the Tourist (T) District for the subject site is requested. This 7.94 acre site is compatible with the proposed use ofthe property for multi-family attached dwellings and overnight accommodations, and the proposed future land use plan amendment and rezoning is compatible with the existing neighborhood. The remainder of the Old Florida District consists of multi-family residential dwellings, overnight accommodations, retail and public uses. The Planning Department recommends the following actions on the request based on the recommended findings of fact and recommended conclusions of law: a) Recommend APPROVAL of the Future Land Use Plan amendment from the Residential High (RR) Classification to the Resort Facilities High (RFH) Classification; and b) Recommend APPROVAL of the rezoning from the Medium High Density Residential (MHDR) District to the Tourist (T) District. Prepared by Planning Department staff: Sharen J arzen, Planner ill Staff Report - Community Development Board - December 20,2005 - Case LUZ2005-10013 Page 10 Attachments: Application Location Map Aerial Photograph of Site and Vicinity Land Use Plan Map Zoning Map Existing Surrounding Uses Site Photographs S IPlanmng DepartmentlC D BILand Use AmendmentslLUZ 2005ILUZ2005-l 0013 Old Florida DIstrict, City of ClearwaterlLUZ2005-l 0013 Staff Report doc Staff Report - Community Development Board - December 20, 2005 - Case LUZ2005-10013 Page 11 Jarzen, Sharen From: Sent: To: Subject: Brown, Steven Friday, January 27, 2006 7:59 AM Jarzen, Sharen FW. LUZ2005-10013 I would like to review your additions to this revision this morning, and get It to Gina for her reView, so, please forward it to me when you have completed, Thanks m--Onglnal Message-m- From: Brown, Steven Sent: Thursday, January 26, 2006 9:46 AM To: Jarzen, Sharen Subject: LUZ2005-10013 I have had a discussion with Gina regarding the staff report, and have made some revisions to it, and Included it on the S dnve as revisions that I made on 1/25/06. The changes that I made go through "Clustering of Uses" and are highlighted In yellow Please review the changes, and discuss with me your thoughts afterward, If we accept the changes, you Will still need to make the appropriate adjustments to the table and text that follow, analYZing service sufficiency. Thanks ~ LUZ2005-10013 Staff Report-ste... Steven 1 CDB Date: Case Number: Owner/Applicant: Representative: Address: Agenda Item: December 20, 2005 LUZ2005-10013 City of Clearwater Planning Department Old Florida District D-3 CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT BACKGROUND INFORMATION REQUEST: (a) Future Land Use Plan amendment from the Residential High (RH) Classification to the Resort Facilities High (RFH) Classification; and (b) Rezoning from the Medium High Density Residential (MHDR) District to the Tourist (T) District. SITE INFORMATION PROPERTY SIZE: 7.94 acres PROPERTY USE: Current Use: Proposed Use: Single Family Residential, Multi-Family Residential & Overnight Accommodations Multi-Family Residential & Overnight Accommodations PLAN CATEGORY: Current Category: Proposed Category: Residential High (RH) Classification Resort Facilities High (RFH) Classification ZONING DISTRICT: Current District: Proposed District: Medium High Density Residential (MHDR) District Tourist (T) District EXISTING SURROUNDING USES: North: Single Family Residential South: Residential, Retail & Overnight Accommodations East: Residential, Retail & Overnight Accommodations West: Gulf of Mexico Staff Report - Commumty Development Board - December 20,2005 - Case LUZ2005-09012 Page I ANALYSIS: The Planning Department undertook a study of the Old Florida District on Clearwater Beach to clarify the vision of the District and to eliminate any discrepancies between Beach by Design, the -~sp>ecial area plan governing Clearwater Beach and the-underlying land use and zoning. As a result of the ideas generated by four public meetings, as well as policy direction provided by City Council on August 29, 2005, the Planning Department has developed amendments to Beach by Design. Currently the Plan specifies that the "preferred form of development" include townhomes and single-family dwellings mid-rise in height. The proposed amendments specify that all forms of new development be in the form of attached dwellings and overnight accommodations throughout the District, as well as commercial uses along Mandalay A venue. Additionally, the amendments provide for a maximum building height of 65 feet in areas located 60 feet south of Somerset Street. At present, the Old Florida District has future land use plan (FLUP) designations of Resort Facilities High and High Density Residential and zoning categories of Tourist and Medium High Density Residential. In order to implement the proposed revisions to Beach by Design, it is necessary to amend the residentially designated area of the District (see Future Land Use Plan Map). This Future Land Use Plan (FLUP) amendment and rezoning application involves 43 parcels of land, approximately 7.94 acres in area generally located on Clearwater Beach between Mandalay Avenue and the Gulf of Mexico between Kendall Street and the north side of Somerset Street. A mix of single-family residential, multi-family residential and overnight accommodation uses currently occupies the area. The site has a FLUP designation of Residential High (RH) and is zoned as a Medium High Density Residential (MHDR) District. These designations allow residential uses up to 30 units per acre and up to 50 feet in height. In order to allow the additional use of overnight accommodations and development up to 65 feet in height, as proposed in the amendments to Beach by Design, the Planning Department is requesting to amend the FLUP designation of the site to the Resort Facilities High (RFH) classification and to rezone it to the Tourist District." In a companion agenda item, the' Planning Department is also requesting that the Tourist> DistriCt be amended to increase the allowable density of overnight accommodations from 40 units. per acre to 50 units per acre. In accordance with the Countywide Plan Rules, the land use plan amendment is subject to approval by the Pinellas Planning Council and Board of County Commissioners acting as the Countywide Planning Authority. Staff Report - Community Development Board - December 20,2005 - Case LUZ2005-10013 Page 2 I. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN [Sectio,n 4-603.F.l] Recommended Findings of Fact: Applicable Goals, Objectives and Policies from the Clearwater Comprehensive Plan in support ofthe proposed land use plan amendment are as indicated below: - --- 2.1.2 Policy - Renewal of the beach tourist district shall be encouraged through the establishment of distinct districts within Clearwater Beach, the establishment of a limited density pool of additional hotel rooms to be used in specified geographic areas of Clearwater Beach, enhancement of public rights-of-way, the vacation of public rights-of- way when appropriate, transportation improvements, inter-beach and intra-beach transit, transfer of development rights and the use of design guidelines, pursuant to Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines. 2.2 Objective - The City of Clearwater shall continue to support innovative planned development and mixed land use development techniques in order to promote infill development that is consistent and compatible with the surrounding environment. 2.2.1 Policy - On a continuing basis, the Community Development Code and the site plan approval process shall be utilized in promoting infill development and/or planned developments that are compatible. 3.0 Goal - A sufficient variety and amount of future land use categories shall be provided to accommodate public demand and promote infill development. 5.1.1 Policy - No new development or redevelopment will be permitted which causes the level of City services (traffic circulation, recreation and open space, water, sewage treatment, garbage collection, and drainage) to fall below minimum acceptable levels. However, development orders may be phased or otherwise modified consistent with provisions of the concurrency management system to allow services to be upgraded concurrently with the impacts of development. Recommended Conclusions of Law: The proposed plan amendment is 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 Resort Facilities High (RFH) category, as specified in Section 2.3.3.4.6 of the Countywide Rules, is to designate areas in the County that are now developed, or appropriate to be developed, in high density residential and resort, tourist facility use; and to recognize such areas as well-suited for the combination of residential and transient accommodation use consistent with their location, surrounding uses, transportation facilities and natural resource characteristics of such areas. The Resort Facilities High (RFH) category is Staff Report - Community Development Board - December 20, 2005 - Case LUZ2005-1 00 13r Page 3 generally appropriate to locations where unique recreational assets warrant the combination of permanent and temporary accommodations in close proximity to and served by the arterial and major thoroughfare network, as well as by mass transit. New development at this density will be discouraged in coastal high hazard areas and evacuation level "A" areas. This area of Old Florida is located along the Gulf of Mexico and is accessed by Mandalay Avenue, which is the major north-south arterial on North Clearwater Beach. The area is also served by mass transit by the Pinellas Suncoast Transit Authority. Additionally, this area is currently developed with a variety of residential and overnight accommodation uses and is adjacent to RFH designated land to the immediate east and south. Based on historical development patterns and current uses, this area has functioned as a tourist area. The current underlying future land use plan designation of Residential High allows residential development at 30 units per acre, which is consistent with the density allowed by the RFH category. The RFH would also allow overnight accommodation uses at a density of 40 units per acre. It should be noted however, that the emerging pattern of redevelopment has been residential in character throughout the entire Old Florida District. It shouldalso.be noted that the Planning Department, in a companion agenda item, is requesting an amendment ~o the Tourist District to i~crease the allowable density 'of overnight accommodations from 40 units. per acre to 50 units per acre. The Pinellas Planning Council (PPC) and Countywide Planning Authority (CPA) have policies that specifically address Countywide Future Land Use Plan amendments in the Coastal High Hazard Area (CHHA). The policy specifies that such amendments should generally be denied. However, approval may be granted upon a balancing of the following criteria, as determined applicable and significant to the amendment. A. Distinction between direct storm damage and damage to evacuation routes. The subject site is susceptible to storm damage due to the site's location on both the Intracoastal Waterway and the Gulf of Mexico in an AE flood zone, with the very western edge being located in a VE flood zone. The evacuation route is in close proximity to the Memorial Causeway Bridge via Mandalay Avenue. This evacuation route is adequate to serve the existing and proposed land use category. B. Access to Emergency Shelter Space and Evacuation Routes. Currently there is a shortage of emergency shelters countywide. However, as there is no change in the allowable residential density between the current zoning and future land use and the proposed zoning and future land use, there should be no increase in the residential density. Emergency shelter planning provides for a percentage of residents that will utilize family, friend or hotel accommodations during evacuation situations and not emergency shelter space. As there is no increase in the allowable density, it will not have a negative impact on shelter space or evacuation routes. Staff Report - Community Development Board - December 20, 2005 - Case LUZ2005-l 00 13 Page 4 C. Utilization of Existing and Planning Infrastructure. This criterion is not applicable since the use of the site for the proposed residential purposes will not require the expenditure of public funds for the construction of new, unplanned infrastructure. --D~trtilization of Existing Disturbed Areas. This criterion-is- not applicable since the site is currently developed and not a natural area. E. Maintenance of Scenic Qualities and Improvement of Public Access to Water. The subject site currently provides public access to the Gulf of Mexico at the end of the east- west streets that terminate at the Gulf. This will not change if the proposed amendment is adopted. F. Water Dependent Use. The site is currently occupied by residential areas, and not a water dependent use. G. Integral Part of Comprehensive Planning Process. The requested amendment has been initiated by the City of Clearwater as an integral part of its comprehensive planning process consistent with the City of Clearwater Comprehensive Plan. H. Part of Community Redevelopment Plan. The requested amendment is designated in a Community Redevelopment Plan as defined by Florida Statutes and is designated by Pinellas County as a Community Redevelopment District as a neighborhood that requires a special plan. I. Overall Reduction of Density or Intensity. The proposed amendment would alse allow a maximum permitted residential density of 30 units per acre, which would perrriit a maximum of 238 residential dwelling units if the entire 7.94 acres is'developed as residentfal, and which would not represent an increase in intensity. The proposed amendment, along with the companion amendment being proposed by the Planning Department would increase the allowable density for overnight accommodations from 40 units per acre to 50 units pet acre. A likely scenario might be for 'the propertY to be developed With a mixture of uses that would include m~lti-fami1y, residential, overnight accommodations and the commercial uses that are typically associated with overnight accommodations as accessory uses. This would be reflective of the existil).g land uses in the area. A - previous study of a portion of the Old Florida District that included this property pointed out a mix of uses within that area. The study found thatthe primary uses in the MHDR zoning district that is the subject of this proposed amendment, the primary uses are approximately 50% Overnight Accommodations, 36% Multi-family residences~ and a mixture of Single-family and Duplex making up the remaining 14%. It is likely that the single-family ,and duplex units will be absorbed into the overnight accommodations and multi-family uses, raising' the potential likely that the future mix would include approximately 57,% overnight accommodations and 43% multi-family. This would mean that using this forecast, a potential exists for approximately 226 overnight Staff Report - Community Development Board - December 20, 2005 - Case LUZ2005-1 00 13 Page 5 accommodations and 102 multi-family units on this 7.94 acres., for a total of 328 units, which could represent a net increase of 90 total units over what is currently permitted. J. C1ustl::~ring of Uses. The entire site is located within the Coastal High Hazard Area, therefore the clustering uses of a portion-of the site outside the CHHA is not possible. The requested amendment to' the Future Land Use Plan would represent a net increase in density would place any additional dwelling units in the CHHA and could 'not subject the' site to increased possible' direct storm damage over that which would otherwise have occurred. The existing ~apacity for the maximum potential of traffic generated by the amendment would not affect the evacuation route of the area. (See IV. Sufficiency of Public Facilities section.) Recommended Conclusions of Law: The proposed plan amendment is consistent with the purpose and 10cationa1 characteristics of the Countywide Plan. III. COMPATIBILITY WITH SURROUNDING PROPERTY/CHARACTER OF THE CITY & NEIGHBORHOOD [Sections 4-602.F.2 & 4-603.F.3] Recommended Findings of Fact: A variety of uses characterize the area to the east and south of the site. They include a mix of retail, residential and overnight accommodations. The area to the north is occupied by single family residences, while the area to the west is the Gulf of Mexico. The proposed Future Land Use Plan (FLUP) designation and rezoning are in character with the overall FLUP' designation in the area and are compatible with the surrounding uses. The proposed Resort Facilities High (RFH) classification is consistent with the proposed use of the area for multi-family dwelling units and overnight accommodations. Through a concurrent amendment to Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines (BBD), no retail or commercial will be allowed in the area proposed to be rezoned. The change in the zoning from Medium High Density Residential (MHDR) to Tourist (T) is more compatible with the proposed height of certain portions of the district being permitted to 65 feet. Recommended Conclusions of Law: The proposed plan and zoning atlas amendments are compatible with surrounding properties and the character of the City and neighborhood. IV. SUFFICIENCY OF PUBLIC FACILITIES Recommended Findings of Fact: As stated earlier, the overall subject site is approximately 7.94 acres in area and is presently occupied by single family and multi-family residential, as well as overnight accommodations. The applicant is requesting to amend the FLUP designation of the site to the Resort Facilities Staff Report - Community Development Board - December 20,2005 - Case LUZ2005-10013 Page 6 High (RFH) and to rezone it to the Tourist (T) District. The current FLUP Residential High (RH) category permits a primary use of only residential. However, the Resort Facilities High (RFH) category permits the development of both residential and transient accommodations, as well as tourist facilities and offices. Roadways The accepted methodology for reviewing the transportation impacts of proposed plan amendments is based on the Pinellas Planning Council's (PPC's) traffic generation guidelines. The PPC's traffic generation rates have been calculated for the subject site based on the existing and proposed FLUP categories and are included in the next table that examines the maximum potential traffic of the future land use plan amendment from the Residential High (RH) to the Resort Facilities High (RFH) classification. Based on the 2005 Pinellas County Metropolitan Planning Organization (MPO) Level of Service Report, the segment of Mandalay Avenue in the Level of Service (LOS) Report that is most affected by 1raffic in the Old Florida District is the one that runs from Royal Way south to Pier 60 that has a LOS of C. 13,939 15,392 16,400 1,008 c c c c for the Residential Suburban Future Land Use Cate 0 , for the Residential Low Medium Future Land Use Cate 0 The proposed FLUP category of Resort Facilities High (RFH) could generate an increase in PM peak hour 1raffic on this segment of Mandalay Avenue by a total of 96 trips. Based on the volume/capacity ratio that takes into account the signalization and number of lanes, it will not result in the degradation of the existing LOS to the surrounding road network according to the City of Ckarwater Engineering Department. Additionally, the concurrent I Beach by Design amendment will preclude commercial or office uses from developing in this area. Traffic from Staff Report - Commumty Development Board - December 20, 2005 - Case LUZ2005-1 00 13 Page 7 the subject site will be distributed to Mandalay Avenue. The site is currently accessed from the north and south along the beach corridor via that roadway. Specific USt:S that are permitted in the current and proposed zoning districts have also been analyzed-for-the level of vehicle trips that could be generated-based on the Institute of Transportation Engineer's Trip Generation report. Please note that detached dwellings will not be permitted in the proposed zoning and future land use plan, but overnight accommodations will be. Below ils this comparison in the change of land use that will be permitted. A hotel use, as opposed to a motel use, is a viable comparison, because according to the Trip Generation report, a hotel is defined as supporting facilities such as restaurants. As commercial or office uses will not be allowed in this area, a motel is used for a comparison. Existin Single Family Detached N/A N/A Housin Mote1- OCC11 ied Rooms 2,893 613 219 -24 Mote1- All Rooms 1,788 -492 178 -65 The City of Clearwater Engineering Department has concluded that the transportation impacts associated \vith this land use plan amendment will not result in the degradation of the existing LOS to the surrounding road network. The LOS in that section of Manda1ay Avenue will not change if thl.~ site is used for overnight accommodations. The net increase of PM peak trips will actually decrease if the sites are used for motel rooms, either occupied or unoccupied, as opposed to using the sites for single family detached dwellings. Also the net increase of average daily trips will decrease if the total number of motel rooms is used for a comparison. All overnight accommodations will be classified at a motel level, as hotels imply accessory service or retail uses, and those uses will not be permitted in the area when it is rezoned. Mass TransH The Citywide LOS for mass transit will not be affected by the proposed plan amendment. The total miles of fixed route service will not change; the subject site is located along an existing transit route: named the Suncoast Beach Trolley with service along Manda1ay A venue from approximately 6:30 AM to 9:20 PM and virtually all headways are less than or equal to one hour. Service is provided by the Pinellas Suncoast Transit Authority (PST A) and the Trolley connects at various points to five different bus routes along the beach area, as well as has access to the Park Street Terminal in downtown Clearwater. Staff Report - Commumty Development Board - December 20, 2005 - Case LUZ2005-100 13 Page 8 Water The current FLUP category could use up to 59,550 gallons per day. Under the proposed FLUP categories, ,vater demand could approach approximately 79,400 gallons per day. The proposed land use willi not negatively affect the City's current LOS for water. Wastewater The current FLUP category could produce up to 47,640 gallons per day. Under the proposed FLUP categories, sewer demand could approach approximately 63,520 gallons per day. The proposed land use amendment will not negatively affect the City's current LOS for wastewater. Solid Waste The current Residential High FLUP category would result in the production of 604 tons of solid waste per year. Under the proposed FLUP category, the proposed restaurant could generate 805 tons of solid waste per year. The proposed land use and plan amendment will not negatively affect the Ci1ly's current LOS for solid waste disposal. Recreation and Open Space The proposed future land use plan and zoning designations will permit the development of up to m 400 dwd1ing units. However, payment of an Open Space, Recreation Land and Recreation Facility impact fee will not be required at this time; impact fees will be required as the sites are redeveloped with new uses that result in an increase in units. The amount an~ timing of this fee is dependent on the number of developed units and will be addr.essed and paid during the site plan reVIew proCl;:SS. Recommended Conclusions of Law: It has been determined that the traffic generated by this plan amendment will not result in the degradation of the existing LOS to the surrounding road network. It has also been determined that the amendment and rezoning will not negatively affect the City's current level of service for mass transit, water, wastewater, solid waste, or recreation and open space. Based on the findings above, the proposed FLUP and rezoning does not require nor affect the provision of public services in a negative manner. V. IMPACT ON NATURAL ENVIRONMENT [Section 4-603.F.5.] Recommended Findings of Fact: As properties are redeveloped, site plan approval will be required. At that time, the stormwater management system will be required to meet all City and Southwest Florida Water Management District (SWFWMD) stormwater management criteria. Recommended Conclusions of Law: Staff Report - Community Development Board - December 20, 2005 - Case LUZ2005-1 00 13 Page 9 Water quantity and quality will be controlled in compliance with the Clearwater Comprehensive Plan. The el11tire area is located in either Flood Zone of AE or VE, but is entirely developed. Consequently, as the area is redeveloped, the natural environment will not be affected adversely. VI. LOC;1I.TION OF DISTRICTBOUNDARIES [Section 4-602 .F.6.] Recommended Findings of Fact: The location of the proposed Tourist (T) District boundaries are logical based on the historical use of this property and the remainder of the Old Florida District that is zoned as T that is not zoned for institutional or recreational uses. This rezoning will consolidate this site into the appropriate zoning district. It will blend into the existing zoning and uses of the Old Florida District. Recommended Conclusions of Law: The district houndaries are appropriately drawn in regard to location and classifications of streets and ownership lines. VII. COl'lSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT COnE AND CITY REGULATIONS [Sections 2-701.1 & 4-602.F.1. and .2.] Recommended Findings of Fact: The existing future land use plan category and zoning district permits 30 dwelling units per acre. The proposed Resort Facilities High (RFO) land use category and Tourist (T) district also permits 30 dwelling units per acre, but also allows 40 units per acre for overnight accommodations. Recommenclled Conclusions of Law: The proposed use of this property as multi-family residential and overnight accommodations is consistent with the uses allowed within the development standards for the Tourist (T) zoning district. 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 cIlevelopment permits are requested. SUMMARY,AND RECOMMENDATIONS An amendm,mt of the FLUP from the Residential High (RH) category to the Resort Facilities High (RFH) eategory and a rezoning from the Medium High Density Residential (MHDR) to the Tourist (T) District for the subject site is requested. This 7.94 acre site is compatible with the proposed use' of the property for multi-family attached dwellings and overnight accommodations, Staff Report - Community Development Board - December 20,2005 - Case LUZ2005-1 00 13 Page 10 and the proposed future land use plan amendment and rezoning is compatible with the existing neighborhood. The remainder of the Old Florida District consists of multi-family residential dwellings, overnight accommodations, retail and public uses. The Planning-Department recommends the following actions on-the-request based on the recommended findings of fact and recommended conclusions of law: a) Recommend APPROVAL of the Future Land Use Plan amendment from the Residential High (RH) Classification to the Resort Facilities High (RFH) Classification; and b) Recommlend APPROVAL of the rezoning from the Medium High Density Residential (MHDR) District to the Tourist (T) District. Prepared by Planning Department staff: Sharen J arzen, Planner III Attachmenti'i: Application Location Map Aerial Photograph of Site and Vicinity Land Use Plan Map Zoning Map Existing Sunounding Uses Site Photographs S'\Planmng DepartmentlC D BILand Use AmendmentsILUZ 2005ILUZ2005-10013 Old Florida DIStrict. City ofClearwaterlLUZ2005-10013 Staff Report doc Staff Report - Community Development Board - December 20, 2005 - Case LUZ2005-1 00 13 Page II Jarzen, Sharen From: Sent: To: Subject: Brown, Steven Wednesday, January 25, 20064:39 PM Jarzen, Sharen LUZ200510013 ThiS project is tracking along with the BBD, and I would like you to go Into the 2006 project log and correct the dates for CDB, agenda Cover to FYI, Items to City Clerk, PPC Submittal, PPC, CPA and Council 1st reading and Council 2nd reading to reflect the correct dates, Thanks Steven 1 Jarzen, Sharen From: Sent: To: Cc: Subject: Clayton, Gina Wednesday, January 25, 2006 3:50 PM Brown, Steven Jarzen, Sharen RE LUZ2005-10013 Perhaps we could sit down and discuss what reasonable assumptions should be made e g how much land do we anticipate will be used Ifor hotel purposes. Perhaps we could base on the amount of land currently used In area for those purposes (Sharen sholJld have this data) or anticipate that It IS likely that only one hotel could be supported and that might Involve one acre of land, etc, Is thiS due Into FYI on Feb 6th? Thanks -----Original Message- --- From: Brown, Steven Sent: Wednesday, January 25, 2006 1:51 PM To: Clayton, Gina Cc: Jarzen, Sharen Subject: LUZ200')-10013 I need to advise Sllaren as to what changes to make to the staff report for this case based on the proposed changes to BBD that could permit up to 50 units per acre on thiS property. She will of course have to revisit the Sufficiency of Services element as well to update It with the changed potential intensity. Please advise. 1 Jarzen, Sharen From: Sent: To: Subject: Brown, Steven Tuesday, January 24, 2006 11 :20 AM Jarzen, Sharen FW: LUZ205-10013 & BBD Amendments Have you checked these dates? nmOrlglnal Messagem-- From: Brown, ~;teven Sent: Thursda'(, January 19, 2006 11:51 AM To: Jarzen, ~;haren Subject: LUZ205-10013 & BBD Amendments Please check the dates for the Council meetings at which these two items are tracking currently, and make sure that the log has the correct dates, Thanks Steven 1 Jarzen. Sharen From: Sent: To: Cc: Subject: Jarzen, Sharen Tuesday, January 17, 2006 12:00 PM Clayton, Gina; Brown, Steven Delk, Michael RE' Old Florida LUZ Excellent ideal II Sharen J arzen, AICP Planning Department City of Clearwater 727-562-4626 -----Onglnal Message- --- From: Clayton, Gina Sent: Saturda!f, January 14, 2006 12:21 PM To: Brown, Steven; Jarzen, Sharen Cc: Delk, Michael Subject: Old Flonda LUZ I think It would be better to send the Old Florida LUZ and the amendments to BBD at the same time to the PPC than send the LUZ alone, Please make that change in the PPC schedule for these two Items (we won't really know thiS schedule until Council provides us direction on Thursday evening). Thanks, Gina L. Clayton Assistant Plannin~11 Director City of Clearwotel~ glnO.c layton@myclearwoter.com 727-562-4587 1 Jarzen. Sharen From: Sent: To: Cc: Subject: Clayton, Gina Saturday, January 14, 2006 12,21 PM Brown, Steven, Jarzen, Sharen Delk, Michael Old Florida LUZ I think it would be better to send the Old Florida LUZ and the amendments to BBD at the same time to the PPC than send the LUZ alone. Please make that change In the PPC schedule for these two items (we won't really know this schedule until Council provides lIIS direction on Thursday evening), Thanks Gina L. Clayton Assistant Planning Director City of Clearwater glna.c layton@myc learll~ater .com 727-562-4587 1 Jarzen. Sharen From: Sent: To: Cc: Subject: Clayton, Gina Saturday, January 14, 2006 12:16 PM Brown, Steven Jarzen, Sharen RE' Old Florida LUZ Staff Report In reviewing page 5 of I.he report, I'm not clear about the assumption made In I Overall Reduction of Density or Intensity need to discuss before going to Council If eXisting residential uses are converted to motels that should result In an Increase In overnight accommodations - not residential Units -----Onglnal Message----- From: Brown, Steven Sent: Tuesday, January 03, 2006 4:36 PM To: Clayton, Gina Cc: Jarzen, ';haren Subject: RE: Old Flonda LUZ Staff Report In reviewing this and talking to Sharen about It, it is clear that the staff report that went to the CDB postulated a development pattern of limited overnight accommodations (based on the trend In the area). It IS true that the LUZ if approved by Council will result in a potential increase in density of 80 Units for the 7 94 acres, were they all to develop as overnight accommodations. Also since we are preparing for Council a report and pOSSible amendments to the Development Codo that would incentlvlze overnight accommodations over condominiums, one could deduce from this that the City may be anticipating this higher density of overnight accommodations as a development pattern on the beach, It looks as j hough, rather than 9 additional Units, 80 additional Units will be possible if the proposed changes are made Without the benefit of knowing how Council will respond to any amendments that might be forthcoming that would be aimed at favoring overnight accommodations as the preferred development pattern on the beach, the assumption was made that the historic pattern would prevail Would you like the staff report to be revised to reflect the build-out potential as overnight accommodations, which will likely raise the general issue as a discussion piece, or wait to have that discussion when we have a proposal for them to consider for Incentives for hotel development? Steven --mOnglnal Mes~,age--m From: Clayton, Gina Sent: Tuesday, January 03, 2006 12:03 PM To: Brown, Steven Subject: Old Flonda LUZ Staff Report I think a correction may need to be made In this staff report, Page 4 and Page 5 reference 9 additional residential units being allowed. I'm not sure how this is pOSSible since residential density IS not changing. It is pOSSible under the LUZ for oVl3rnight accommodation units to be constructed where under the current zOning they cannot Can you review anc:llets discuss? Thanks. Gina L. Clay tOi" Assistant Planning Director City of Clearwater gina.c1ayton@myclearwater.com 727-562-4587 1 Jarzen, Sharen From: Sent: To: Subject: Brown, Steven Thursday, January 12, 2006 12'43 PM Jarzen, Sharen RE: Old Flonda LUZ Staff Report Thanks I would appreciate that, as I get asked about details like this by Gina and Mike Steven m--Onglnal Message- m From: Jarzen, Sharen Sent: Thursday, January 12, 2006 12:27 PM To: Brown, ';teven Subject: RE: Old Flonda LUZ Staff Report I have been corresponding with Cyndle via e-mail to get this straightened out I had no intention of letting this fall through the cracks. From now on, I'll include you as a cc on all e-malls regarding FYI so you can be appraised Thanks. Sharen Jarzen, AICP Planning Departml:mt City of Clearwatel~ 727-562-4626 -----Onglnal Mes~ ;age----- From: Brown, Steven Sent: Thursday, January 12f 2006 10:54 AM To: Jarzen, Sharen Subject: RE: Old Flonda LUZ Staff Report Please let me know if these are all done We do not want the Clerk pulling these from the agenda. Thanks Steven m--Onglnal Message----- From: Jarzen, Sharen Sent: ThursdaYf January 12, 20069:28 AM To: Brown, Steven Subject: RE: Old Flonda LUZ Staff Report Below is tile revised staff report with the changes marked In yellow, Let me know if thiS IS OK and I'll resubmit It to Cyndle when I do the other changes she requested on thiS case. Thanks << File: LUZ2005-10013 Staff Report,doc>> Sharen J(Jrzen, AICP Planning t)epartment City of Clearwater 727-562-4626 -----Onglnal Messagenm 1 From: Sent: To: Subject : Brown, Steven Thursday, January 12, 20068:56 AM, Jarzen, Sharen FW: Old FlOrida LUZ Staff Report Please make this change today, and make me a copy of the revised report to reView, ThankH Steven m--Ori!llnal Message--m From: Clayton, Gina Sent: Tuesday, January 10, 20064:18 PM To: Brown, Steven Subject.: RE: Old FlOrida LUZ Staff Report Overnl9ht accommodations are allowed at 40 units per acre through a flexible standard approval (DRC) If you look In the Code In the section before the use charts, you will see the allowable density - 30 residential units and 40 overnight accommodations Because there IS no difference in the allowable residential density between the existing RH designation and the proposed RFH designation, I do not understand how the report indicates there will be an increase In residential denSity This is what prompted my orlwnal e-mail I stili think the report needs to be revised The current RH designation does not allow oVernl!.lht accommodations n_ --Original Message----- Fmm: Brown, Steven Sent: Tuesday, January 10, 20064:06 PM To:: Clayton, Gina Subject: RE: Old FlOrida LUZ Staff Report Unless they do overnight accommodations under comp Infl II , right? --mOrlginal Message--n- From: Clayton, Gina Sent: Tuesday, January 10, 2006 3:55 PM To: Brown, Steven Subject: FW: Old FlOrida LUZ Staff Report Did you get my e-mail where I indicated that that we limit residential uses to 30 units per acre In the RH and the RFH land use category? Based on thiS - there should be no Increase In residential Units. --mOrlglnal Messagen--- From: Jarzen, Sharen Sent: Tuesday, January 03,20061:15 PM To: Brown, Steven Cc: Clayton, Gina Subject: RE: Old FlOrida LUZ Staff Report Under the future land use categories allowed for the MHDR District, the maximum dwelling Units permitted are 30 dwelling units/acre Under the countYWide future land use deSignation allowed under the proposed TOUrist District, the maximum dwelling units permitted are 40 dwelling units/acre for overnight accommodations That accounts for the difference. Steven, attached IS the staff report for the case. Let me know If you have any questions Thanks. << File: LUZ2005-10013 Staff Report doc>> Sharen J arzen, AICP Planning Department City of Clearwater 727-562-4626 2 -----Onglnal Message----- From: Brown, Steven Sent: Tuesday, January 03, 2006 12:57 PM To: Jarzen, Sharen Subject: FW: Old Flonda LUZ Staff Report please send me this staff report, so I can review this Issue, Steven -----Onglnal Message----- From: Clayton, Gina Sent: Tuesday, January 03, 2006 12:03 PM To: Brown, Steven Subject: Old Flonda LUZ Staff Report I think a correction may need to be made in this staff report Page 4 and Page 5 reference 9 additIonal residential units being allowed. I'm not sure how this IS possible since residential density is not changing. It IS possible under the LUZ for overnight accommodation units to be constructed where under the current zoning they cannot. Can you review and lets discuss? Thanks, Gina L. Clayton Assistant Planning Director City of Clearwater gina.c1ayton@myclearwater.com 727-562-4587 3 Jarzen, Sharen From: Sent: To: Subject: Jarzen, Sharen Thursday, January 12, 2006 12:27 PM Brown, Steven RE: Old Florida LUZ Staff Report I have been corresponding with Cyndie via e-mail to get thiS straightened out. I had no intention of letting thiS fall through the cracks From now on, I'll Include you as a cc on all e-mails regarding FYI so you can be appraised Thanks Sharen Jarzen, AICP Planning Department City of Clearwater 727-562-4626 -----Original Message-- --- From: Brown, Steven Sent: Thursda'{, January 12, 2006 10:54 AM To: Jarzen, Sharen Subject: RE: Old Florida LUZ Staff Report Please let me know If these are all done, We do not want the Clerk pulling these from the agenda, Thanks Steven -----Onglnal Message----- From: Jarzen, Sharen Sent: Thursday, January 12, 20069:28 AM To: Brown, Steven Subject: RE: Old Flonda LUZ Staff Report Below IS the revised staff report with the changes marked In yellow Let me know If this is OK and I'll resubmit It to Cyndle when I do the other changes she requested on this case Thanks << File: LUZ2005-10013 Staff Report.doc>> Sharen J arzen, AICP Planning Depar'tment City of Clearwater 727-562-4626 -----Onglnal Message----- From: Brown, Steven Sent: Thursday, January 12, 2006 8:56 AM To: Jarzen, Sharen Subject: FW: Old Flonda LUZ Staff Report Please mclke this change today, and make me a copy of the revised report to review, Thanks Steven -----Onglnal Message---n From: Clayton, Gina 1 Sent: Tuesday, January 10, 20064:18 PM To: Brown, Steven Subject: RE: Old Flonda LUZ Staff Report Overnight accommodations are allowed at 40 units per acre through a flexible standard approval (DRC) If you look in the Code in the section before the use charts, you will see the allowable density - 30 residential units and -40 overnight accommodations Because there is no difference in the allowable residential density between the eXisting RH designation and the proposed RFH designation, I do not understand how the report indicates there will be an increase in residential density ThiS IS what prompted my original e-mail. I stili think the report needs to be revised. The current RH designation does not allow overnight accommodations -m-On1jlnal Message----- From: Brown, Steven Sent: Tuesday, January 10, 20064:06 PM To: Clayton, Gina Subjed,,: RE: Old Flonda LUZ Staff Report Unless they do overnight accommodations under comp infill, right? -- --Onglnal Message----- Fmm: Clayton, Gina Sent: Tuesday, January 10, 20063:55 PM To:: Brown, Steven Subject: FW: Old Flonda LUZ Staff Report Did you get my e-mail where I indicated that that we limit residential uses to 30 units per acre In the RH and the RFH land use category? Based on this - there should be no Increase In residential Units -- --Onglnal Message----- From: Jarzen, Sharen Selllt: Tuesday, January 03,20061:15 PM To:: Brown, Steven Cc:: Clayton, Gina Subject: RE: Old Flonda LUZ Staff Report Under the future land use categories allowed for the MHDR District, the maximum dwelling units pe!rmitted are 30 dwelling units/acre Under the countywide future land use designation allowed under th(~ proposed Tourist District, the maximum dwelling units permitted are 40 dwelling units/acre for overnight accommodations That accounts for the difference. Steven, attached IS the staff report for th(~ case. Let me know if you have any questions, Thanks. << File: LUZ2005-10013 Staff Report,doc>> Sharen Jarzen, AICP Plnnnrng Department City of Clearwater 7?7-562-4626 -----Onglnal Message----- From: Brown, Steven Sent: Tuesday, January 03, 2006 12:57 PM To: Jarzen, Sharen Subject: FW: Old Flonda LUZ Staff Report please send me thiS staff report, so I can review thiS Issue. Steven -----Onglnal Message----- From: Clayton, Gina Sent: Tuesday, January 03,200612:03 PM To: Brown, Steven Subject: Old Florida LUZ Staff Report 2 I think a correction may need to be made In this staff report, Page 4 and Page 5 reference 9 additional residential units being allowed I'm not sure how this is possible since residential density is not changing. It is possible under the LUZ for overnight accommodation units to be constructed where under the current zoning they cannot. Can you review and lets discuss? Thanks, Gina L. Clayton Assistant Planning Director City of Clearwater gina.c1ayton@myclearwater.com 727-562-4587 3 Jarzen, Sharen From: Sent: To: Subject: Goudeau, Cyndie Thursday, January 12, 2006 10'55 AM Jarzen, Sharen Item #1830 HI Sharen - you have two of the attachments to this Item locked, When you get a chance, please unlock them thanks, Cymne 1 Jarzen, Sharen From: Sent: To: Subject: Brown, Steven Thursday, January 12, 20069'37 AM Jarzen, Sharen RE. Old FlOrida LUZ Staff Report ThiS looks fine, thanks, Steven -----Onglnal Message-- -- From: Jarzen, Sharen Sent: Thursday, January 12, 20069:28 AM To: Brown, Steven Subject: RE: Old Flonda LUZ Staff Report Below is the revised staff report with the changes marked in yellow Let me know if thiS IS OK and I'll resubmit it to Cyndle when I do the other changes she requested on this case. Thanks. <<File LUZ2005-"1 0013 Staff Report,doc >> Sharen Jarzen, AJ'CP Planning Department City of Clearwater 727-562-4626 -----Onglnal Mess,lge----- From: Brown, Steven Sent: Thursday, January 12, 2006 8:56 AM To: Jarzen, Sharen Subject: FW: Old Flonda LUZ Staff Report Please make thiS change today, and make me a copy of the revised report to review Thanks Steven -----Onglnal Messc:lge----- From: Clayton, Gina Sent: Tuesday, January 10, 20064:18 PM To: Brown, Steven Subject: RE: Old Flonda LUZ Staff Report Overnight accommodations are allowed at 40 Units per acre through a fleXible standard approval (DRC) If you look In the Code In the section before the use charts, you will see the allowable density - 30 residential Units and 40 overnight accommodations. Because there IS no difference in the allowable residential density between the eXisting RH deSignation and the proposed RFH deSignation, I do not understand how the report indicates there will be an Increase In residential density This is what prompted my original e-mail. I still think the report needs to be revised, The current RH designation does not allow overnight accommodations, -----Original r.1essage----- From: Brown, Steven Sent: Tuesday, January 10, 20064:06 PM To: Clayton, Gina Subject: RE: Old Flonda LUZ Staff Report Unless they do overnight accommodations under camp infill, right? 1 -----On!~lnal Message----- From: Clayton, Gina Sent: Tuesday, January 10, 2006 3:55 PM To: Brown, Steven Subject: FW: Old Flonda LUZ Staff Report Did YOll get my e-mail where I indicated that that we limit residential uses to 30 units per acre In the RH and thE:! RFH land use category? Based on this - there should be no increase In residential Units -----On(lH'lal Message----- From: Jarzen, Sharen Sent: Tuesday, January 03, 2006 1: 15 PM To: Brown, Steven Cc: Clayton, Gina Subject: RE: Old Flonda LUZ Staff Report Under the future land use categories allowed for the MHDR District, the maximum dwelling Units permitted are 30 dwelling Units/acre, Under the countywide future land use deSignation allowed under the proposed Tourist District, the maximum dwelling units permitted are 40 dwelling units/acre for overnight accommodations That accounts for the difference Steven, attached is the staff report for the case Let me know If you have any questions, Thanks << FII€!: LUZ2005-1 0013 Staff Report doc >> sharen Jarzen, AICP Planning Department City of Clearwater 727-562-4626 ---> -Onglnal Message----- From: Brown, Steven Sent: Tuesday, January 03, 2006 12:57 PM To: Jarzen, 5haren Subject: FW: Old Florida LUZ Staff Report ple;'3se send me this staff report, so I can review this issue. Steven ---- .Onglnal Message----- From: Clayton, Gina Senlt: Tuesday, January 03, 2006 12:03 PM To: Brown, Steven Sub:iect: Old Florida LUZ Staff Report I think a correction may need to be made In this staff report. Page 4 and Page 5 reference 9 additional residential units being allowed. I'm not sure how this is possible since residential density IS not changing, It is possible under the LUZ for overnight accommodation Units to be constructed where under the current zoning they cannot. Can you review and lets discuss? Thanks GInI:J L. Clayton Assistant Planning Director City of Clearwater gincll.c layton@myclearwater.com 727-562-4587 2 CDB Date: Case Number: Owner/Applicant: Representative: Address: Agenda Item: December 20, 2005 LUZ2005-1 00 13 City of Clearwater Planning Department Old Florida District D-3 CITY OF CLEARWATER PLANNING DEPARTMENT ST AFF REPORT BACKGROUND INFORMATION The Planning Department undertook a study of the Old Florida District on Clearwater Beach to clarify the visiion of the District and to eliminate any discrepancies between Beach by Design, the special area plan governing Clearwater Beach and the underlying land use and zoning. As a result of the ideas generated by four public meetings, as well as policy direction provided by City Council on August 29, 2005, the Planning Department has developed amendments to Beach by Design. Currently the Plan specifies that the "preferred form of development" include townhomes and single-family dwellings mid-rise in height. The proposed amendments specify that all forms of new development be in the form of attached dwellings and overnight accommodations throughout the District, as well as commercial uses along Mandalay Avenue. Additionally, the amendments provide for a maximum building height of 65 feet in areas located 60 feet south of Somerset Street. At present, the Old Florida District has future land use plan (FLUP) designations of Resort Facilities High and High Density Residential and zoning categories of Tourist and Medium High Density Residential. In order to implement the proposed revisions to Beach by Design, it is necessary to amend the residentially designated area of the District (see Future Land Use Plan Map). REQUEST: (a) Future Land Use Plan amendment from the Residential High (RR) Classification to the Resort Facilities High (RFH) Classification; and (b) Rezoning from the Medium High Density Residential (MHDR) District to the Tourist (T) District. SITE INFORMATION PROPERTY SIZE: 7.94 acres Staff Report - Community Development Board - December 20,2005 - Case LUZ2005-09012 Page 1 PROPERTY USE: Current Use: Proposed Use: Single Family Residential, Multi-Family Residential & Overnight Accommodations Multi-Family Residential & Overnight Accommodations PLAN CATEGORY: Current Category: Proposed Category: Residential High (RR) Classification Resort Facilities High (RFH) Classification ZONING DISTRICT: Current District: Proposed District: Medium High Density Residential (MHDR) District Tourist (T) District EXISTING SURROUNDING USES: North: Single Family Residential South: Residential, Retail & Overnight Accommodations East: Residential, Retail & Overnight Accommodations West: Gulf of Mexico ANALYSIS: This Future Land Use Plan (FLUP) amendment and rezoning application involves 43 parcels of land, approximately 7.94 acres in area generally located on Clearwater Beach between Manda1ay Avenue and the Gulf of Mexico between Kendall Street and the north side of Somerset Street. A mix of single-family residential, multi-family residential and overnight accommodation uses currently occupies the area. The site has a FLUP designation of Residential High (RR) and is zoned as a Medium High Density Residential (MHDR) District. These designations allow residential uses up to 30 units per acre and up to 50 feet in height. In order to allow the additional USt~ of overnight accommodations and development up to 65 feet in height, as proposed in the amendments to Beach by Design, the Planning Department is requesting to amend the FLUP designation of the site to the Resort Facilities High (RFH) classification and to rezone it to the Tourist District. In accordance with the Countywide Plan Rules, the land use plan amendment is subject to approval by the Pinellas Planning Council and Board of County Commissioners acting as the Countywide Planning Authority. I. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN [Section 4-603.F.l] 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: Staff Report - Community Development Board - December 20,2005 - Case LUZ2005-10013 Page 2 2.1.2 Policy - Renewal of the beach tourist district shall be encouraged through the estab lishment of distinct districts within Clearwater Beach, the establishment of a limited density pool of additional hotel rooms to be used in specified geographic areas of Clearwater Beach, enhancement of public rights-of-way, the vacation of public rights-of- way when appropriate, transportation improvements, inter-beach and intra-beach transit, trans Cer of development rights and the use of design guidelines, pursuant to Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines. 2.2 Objective - The City of Clearwater shall continue to support innovative planned development and mixed land use development techniques in order to promote infill devellopment that is consistent and compatible with the surrounding environment. 2.2.1 Policy - On a continuing basis, the Community Development Code and the site plan approval process shall be utilized in promoting infill development and/or planned developments that are compatible. 3.0 Goal - A sufficient variety and amount of future land use categories shall be provided to accommodate public demand and promote infill development. 5.1.1 Policy - No new development or redevelopment will be permitted which causes the level of City services (traffic circulation, recreation and open space, water, sewage treatment, garbage collection, and drainage) to fall below minimum acceptable levels. However, development orders may be phased or otherwise modified consistent with provisions of the concurrency management system to allow services to be upgraded concurrently with the impacts of development. Recommended Conclusions of Law: The proposed plan amendment is 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 purpOSI,~ of the proposed Resort Facilities High (RFH) category, as specified in Section 2.3.3.4.6 of the Countywide Rules, is to designate areas in the County that are now developed, or appropriate to be developed, in high density residential and resort, tourist facility use; and to recognize such areas as well-suited for the combination of residential and transient accommodation use consistent with their location, surrounding uses, transportation facilities and natural resource characteristics of such areas. The Resort Facilities High (RFH) category is generally appropriate to locations where unique recreational assets warrant the combination of permanent and temporary accommodations in close proximity to and served by the arterial and major thoroughfare network, as well as by mass transit. New development at this density will be discouraged in coastal high hazard areas and evacuation level "A" areas. Staff Report - Community Development Board - December 20, 2005 - Case LUZ2005-1 00 13 Page 3 This area of Old Florida is located along the Gulf of Mexico and is accessed by Mandalay Avenue, whi ch is the major north-south arterial on North Clearwater Beach. The area is also served by mass transit by the Pinellas Suncoast Transit Authority. Additionally, this area is currently dev'e10ped with a variety of residential and overnight accommodation uses and is adjacent to RFH designated land to the immediate east and south. Based on historical development patterns and current uses, this area has functioned as a tourist area. The current underlying future land use plan designation of Residential High allows residential development at 30 units per acre, which is consistent with the density allowed by the RFH category. The RFH would also allow overnight accommodation uses at a density of 40 units per acre. It should be noted however, that the emerging pattern of redevelopment has been residential in character 1ihroughout the entire Old Florida District. The Pinellas Planning Council (PPC) and Countywide Planning Authority (CPA) have policies that specifically address Countywide Future Land Use Plan amendments in the Coastal High Hazard Area (CHHA). The policy specifies that such amendments should generally be denied. However, approval may be granted upon a balancing of the following criteria, as determined applicable and significant to the amendment. A. Distinction between direct storm damage and damage to evacuation routes. The subject site is susceptible to storm damage due to the site's location on both the Intracoastal Waterway and the Gulf of Mexico in an AE flood zone, with the very western edge being locatled in a VE flood zone. The evacuation route is in close proximity to the Memorial Causeway Bridge via Manda1ay Avenue. This evacuation route is adequate to serve the existing and proposed land use category. C. Utilization of Existing and Planning Infrastructure. This criterion is not applicable since the Ulse of the site for the proposed residential purposes will not require the expenditure of pubhc funds for the construction of new, unplanned infrastructure. D. Utilization of Existing Disturbed Areas. This criterion is not applicable since the site is currently developed and not a natural area. Staff Report - Community Development Board - December 20, 2005 - Case LUZ2005-1 00 13 I ,I Page 4 E. Maintenance of Scenic Qualities and Improvement of Public Access to Water. The subject site currently provides public access to the Gulf of Mexico at the end of the east- west streets that terminate at the Gulf. This will not change if the proposed amendment is adopted. F. Water Dependent Use. The site is currently occupied by residential areas, and not a water dependent use. G. Integral Part of Comprehensive Planning Process. The requested amendment has been initialled by the City of Clearwater as an integral part of its comprehensive planning proce:ss consistent with the City of Clearwater Comprehensive Plan. H. Part of Community Redevelopment Plan. The requested amendment is designated in a Community Redevelopment Plan as defined by Florida Statutes and is designated by Pinellas County as a Community Redevelopment District as a neighborhood that requires a special plan. ~; 'mUhi:'~rnYftt~ ~si ' rillia:i'drtiSi " ,AliiI;.' ~? !VWi \1i1&' .' tit' "_hi , h 'ld /i1!%' '0ili' '1lG'" ,'f 'JW$F f 'viWou i henntha '1'mumi0, , ,~*" I' u J:1'AB, 'Wb' ,_ "'I!its' '*" ''''IM~ > 'i@i .,:v~ \\W'" < ..<h~ ",'"", , < ,<<~<<,c~ afso '~allow <it ma Urn, '*,;' i itted /i, aw, d' ,_ ,_, " , nt5\: iricre~e "In ~11 ' \1** r entia! ffl^"^~<<~'''H"<~ ~J..U,.A^m~A -=0 < <^^~"' 1. Clustering of Uses. The entire site is located within the Coastal High Hazard Area, therefore the clustering uses of a portion of the site outside the CHHA is not possible. While the re:quested amendment to the Future Land Use Plan category could place a net total of nine (9) additional residential dwelling units in the CHHA and subject the site to possible direct storm damage, the existing capacity for the maximum potential of traffic generated by the amendment would not affect the evacuation route of the area. (See IV. Sufficiency of Public Facilities section.) Recommended Conclusions of Law: The propose:d plan amendment is consistent with the purpose and locationa1 characteristics of the Countywide Plan. III. COMPATIBILITY WITH SURROUNDING PROPERTY/CHARACTER OF THE CITY & NEIGHBORHOOD [Sections 4-602.F.2 & 4-603.F.3] Recommended Findings of Fact: A variety of uses characterize the area to the east and south of the site. They include a mix of retail, residential and overnight accommodations. The area to the north is occupied by single family residences, while the area to the west is the Gulf of Mexico. Staff Report .. Commumty Development Board - December 20, 2005 - Case LUZ2005-1 00 13 Page 5 The proposed Future Land Use Plan (FLUP) designation and rezoning are in character with the overall FLUP designation in the area and are compatible with the surrounding uses. The proposed Resort Facilities High (RFH) classification is consistent with the proposed use of the area for mullti-family dwelling units and overnight accommodations. Through a concurrent amendment to Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines (BBD), no retail or commercial will be allowed in the area proposed to be rezoned. The change in the zoning from Medium High Density Residential (MHDR) to Tourist (T) is more compa1ible with the proposed height of certain portions of the district being permitted to 65 feet. Recommended Conclusions of Law: The proposed plan and zoning atlas amendments are compatible with surrounding properties and the character of the City and neighborhood. IV. SUFlj?ICIENCY OF PUBLIC FACILITIES Recommended Findings of Fact: As stated earlier, the overall subject site is approximately 7.94 acres in area and is presently occupied by single family and multi-family residential, as well as overnight accommodations. The applicant is requesting to amend the FLUP designation of the site to the Resort Facilities High (RFH) and to rezone it to the Tourist (T) District. The current FLUP Residential High (RR) category permits a primary use of only residential. However, the Resort Facilities High (RFH) category permits the development of both residential and transient accommodations, as well as tourist facilities and offices. Roadways The acceptl,~d methodology for reviewing the transportation impacts of proposed plan amendments is based on the Pinellas Planning Council's (PPC's) traffic generation guidelines. The PPC's traffic generation rates have been calculated for the subject site based on the existing and proposed FLUP categories and are included in the next table that examines the maximum potential traffic of the future land use plan amendment from the Residential High (RR) to the Resort Facilities High (RFH) classification. Based on th~ 2005 Pinellas County Metropolitan Planning Organization (MPO) Level of Service Report, the segment of Manda1ay Avenue in the Level of Service (LOS) Report that is most affected by 1raffic in the Old Florida District is the one that runs from Royal Way south to Pier 60 that has a LOS ofC. Staff Report . Community Development Board - December 20,2005 - Case LUZ2005-10013 Page 6 Maximum Da:ll Added PotentIal Tri s MaXImum PM Peak Hour Added PotentIal Tn S3 Volume ofM:mdalay Avenue from El Dorado Circle to PIer 60 13,939 15,392 16,400 1,008 LOS of Manclalay Avenue from Royal Way to PIer 00 C C C C N/ A = Not A h::able LOS = Level of Service I = Based on PPC calculatIOns oftn s er acre er da for the ResIdential Suburban Future Land Use Cate 0 2 = Based on PPC calculatIOns oftn s er acre er da for the ResidentIal Low MedIUm Future Land Use Cate 0 3 = Based on MF'O K-factor of 0,095 Source' "The Coun ide Plan Rules", as amended throu h Au ust 8, 2005 b the Pmellas Plannm CouncIl The proposed FLUP category of Resort Facilities High (RFH) could generate an increase in PM peak hour traffic on this segment of Manda1ay Avenue by a total of 96 trips. Based on the volume/capacity ratio that takes into account the signalization and number of lanes, it will not result in the degradation of the existing LOS to the surrounding road network according to the City of Clearwater Engineering Department. Additionally, the concurrent Beach by Design amendment will preclude commercial or office uses from developing in this area. Traffic from the subject site will be distributed to Mandalay Avenue. The site is currently accessed from the north and south along the beach corridor via that roadway. Specific uses that are permitted in the current and proposed zoning districts have also been analyzed for the level of vehicle trips that could be generated based on the Institute of Transportatinn Engineer's Trip Generation report. Please note that detached dwellings will not be permitted in the proposed zoning and future land use plan, but overnight accommodations will be. Below is this comparison in the change of land use that will be permitted. A hotel use, as opposed to a motel use, is a viable comparison, because according to the Trip Generation report, a hotel is defined as supporting facilities such as restaurants. As commercial or office uses will not be allowed in this area, a motel is used for a comparison. Existin Single FamIly Detached N/A N/A Housin Motel - OCCll ied Rooms 2,893 613 219 -24 Motel - All Rooms 1,788 -492 178 -65 Staff Report - Community Development Board - December 20,2005 - Case LUZ2005-10013 Page 7 The City of Clearwater Engineering Department has concluded that the transportation impacts associated with this land use plan amendment will not result in the degradation of the existing LOS to the surrounding road network. The LOS in that section of Mandalay Avenue will not change if the site is used for overnight accommodations. The net increase of PM peak trips will actually decrease if the sites are used for motel rooms, either occupied or unoccupied, as opposed to using the sites for single family detached dwellings. Also the net increase of average daily trips will decrease if the total number of motel rooms is used for a comparison. All overnight accommodations will be classified at a motel level, as hotels imply accessory service or retail uses, and those uses will not be permitted in the area when it is rezoned. Mass Transit The Citywide LOS for mass transit will not be affected by the proposed plan amendment. The total miles of fixed route service will not change; the subject site is located along an existing transit route named the Suncoast Beach Trolley with service along Manda1ay Avenue from approximately 6:30 AM to 9:20 PM and virtually all headways are less than or equal to one hour. Service is provided by the Pinellas Suncoast Transit Authority (PSTA) and the Trolley connects at various points to five different bus routes along the beach area, as well as has access to the Park Street Terminal in downtown Clearwater. Water The current FLUP category could use up to 59,550 gallons per day. Under the proposed FLUP categories, water demand could approach approximately 79,400 gallons per day. The proposed land use will not negatively affect the City's current LOS for water. Wastewater The current FLUP category could produce up to 47,640 gallons per day. Under the proposed FLUP categories, sewer demand could approach approximately 63,520 gallons per day. The proposed land use amendment will not negatively affect the City's current LOS for wastewater. Solid Waste The current Residential High FLUP category would result in the production of 604 tons of solid waste per year. Under the proposed FLUP category, the proposed restaurant could generate 805 tons of solid waste per year. The proposed land use and plan amendment will not negatively affect the City's current LOS for solid waste disposal. Recreation and Open Space The proposed future land use plan and zoning designations will permit the development of up to 318 dwelling units. However, payment of an Open Space, Recreation Land and Recreation Facility impact fee will not be required at this time; impact fees will be required as the sites are redeveloped with new uses that result in an increase in units. The amount and timing of this fee is dependent on the number of developed units and will be addressed and paid during the site plan reVIew process. Staff Report - Community Development Board - December 20, 2005 - Case LUZ2005-1 00 13 Page 8 Recommended Conclusions of Law: It has been determined that the traffic generated by this plan amendment will not result in the degradation of the existing LOS to the surrounding road network. It has also been determined that the amendment and rezoning will not negatively affect the City's current level of service for mass transit, water, wastewater, solid waste, or recreation and open space. Based on the findings above, the proposed FLUP and rezoning does not require nor affect the provision of public services in a negative manner. V. IMPACT ON NATURAL ENVIRONMENT [Section 4-603.F.5.] Recommended Findings of Fact: As properties are redeveloped, site plan approval will be required. At that time, the stormwater management system will be required to meet all City and Southwest Florida Water Management District (SWFWMD) stormwater management criteria. Recommended Conclusions of Law: Water quantity and quality will be controlled in compliance with the Clearwater Comprehensive Plan. The entire area is located in either Flood Zone of AE or VE, but is entirely developed. Consequently, as the area is redeveloped, the natural environment will not be affected adversely. , VI. LOCATION OF DISTRICT BOUNDARIES [Section 4-602 .F.6.] Recommended Findings of Fact: The location of the proposed Tourist (T) District boundaries are logical based on the historical use of this property and the remainder of the Old Florida District that is zoned as T that is not zoned for institutional or recreational uses. This rezoning will consolidate this site into the appropriate zoning district. It will blend into the existing zoning and uses of the Old Florida District. Recommended Conclusions of Law: The district boundaries are appropriately drawn in regard to location and classifications of streets and ownership lines. VII. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT CODE AND CITY REGULATIONS [Sections 2-701.1 & 4-602.F.1. and .2.] Recommended Findings of Fact: The existing future land use plan category and zoning district permits 30 dwelling units per acre. The proposed Resort Facilities High (RFO) land use category and Tourist (T) district also permits 30 dwelling units per acre, but also allows 40 units per acre for overnight accommodations. Staff Report - Community Development Board - December 20, 2005 - Case LUZ2005-1 00 13 Page 9 Recommended Conclusions of Law: The proposed use of this property as multi-family residential and overnight accommodations is consistent with the uses allowed within the development standards for the Tourist (T) zoning district. 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 FLUP from the Residential High (RR) category to the Resort Facilities High (RFH) category and a rezoning from the Medium High Density Residential (MHDR) to the Tourist (T) District for the subject site is requested. This 7.94 acre site is compatible with the proposed use of the property for multi-family attached dwellings and overnight accommodations, and the proposed future land use plan amendment and rezoning is compatible with the existing neighborhood. The remainder of the Old Florida District consists of multi-family residential dwellings, overnight accommodations, retail and public uses. The Planning Department recommends the following actions on the request based on the recommended findings of fact and recommended conclusions of law: a) Recommend APPROVAL of the Future Land Use Plan amendment from the Residential High (RR) Classification to the Resort Facilities High (RFH) Classification; and b) Recommend APPROVAL of the rezoning from the Medium High Density Residential (MHDR) District to the Tourist (T) District. Prepared by Planning Department staff: Sharen Jarzen, Planner III Attachments: Application Location Map Aerial Photograph of Site and Vicinity Land Use Plan Map Zoning Map Existing Surrounding Uses Site Photographs S IPlannmg DepartmentlC D EILand Use AmendmentslLUZ 2005\LUZ2005-10013 Old FlOrida District, City ofClearwaterlLUZ2005-10013 Staff Report. doc Staff Report - Community Development Board - December 20, 2005 - Case LUZ2005-1 00 13 Page 10 Jarzen, Sharen From: Sent: To: Subject: Brown, Steven Thursday, January 12, 20068.56 AM Jarzen, Sharen FW Old Florida LUZ Staff Report Please make this change today, and make me a copy of the revised report to review. Thanks Steven -----anginal Message----- From: Clayton, Gina Sent: Tuesday, January 10, 20064:18 PM To: Brown, Steven Subject: RE: Old Flonda LUZ Staff Report Overnight accommodations are allowed at 40 Units per acre through a flexible standard approval (DRC). If you look In the Code In the section before the use charts, you will see the allowable density - 30 residential units and 40 overnight accommodations Because there is no difference In the allowable residential density between the existing RH designation and the proposed RFH designation, I do not understand how the report indicates there will be an increase in residential density. This IS what prompted my onglnal e-mail I stili think the report needs to be revised The current RH designation does not allow overnight accommodations. -----anginal Message----- From: Brown, Steven Sent: Tuesday, January 10, 20064:06 PM To: Clayton, Gina Subject: RE: Old Flonda LUZ Staff Report Unless they do overnight accommodations under comp infill, nght? -----Onglnal Message----- From: Clayton, Gina Sent: Tuesday, January 10, 2006 3:55 PM To: Brown, Steven Subject: FW: Old Flonda LUZ Staff Report Old you get my e-mail where I indicated that that we limit residential uses to 30 units per acre In the RH and the RFH land use category? Based on thiS - there should be no Increase in residential Units. -----anginal Message----- From: Jarzen, Sharen Sent: Tuesday, January 03,20061:15 PM To: Brown, Steven Cc: Clayton, Gina Subject: RE: Old Flonda LUZ Staff Report Under the future land use categones allowed for the MHDR Dlstnct, the maximum dwelling units permitted are 30 dwelling Units/acre Under the countYWide future land use designation allowed under the proposed Tounst Dlstnct, the maximum dwelling units permitted are 40 dwelling units/acre for overnight accommodations. That accounts for the difference. Steven, attached is the staff report for the case. Let me know If you have any questions Thanks << File: LUZ2005-1 0013 Staff Report doc >> Sharen Jarzen, AICP Planning Department 1 City of Clearwater 727-562-4626 -----Onglnal Message--n- From: Brown, Steven Sent: Tuesday, January 03, 2006 12:57 PM To: Jarzen, Sharen Subject: FW: Old Flonda LUZ Staff Report please send me thiS staff report, so I can review this issue Steven -----anginal Messagen--- From: Clayton, Gina Sent: Tuesday, January 03, 2006 12:03 PM To: Brown, Steven Subject: Old Flonda LUZ Staff Report I think a correction may need to be made in this staff report. Page 4 and Page 5 reference 9 additional residential units being allowed. I'm not sure how this is possible since residential density IS not changing It is possible under the LUZ for overnight accommodation units to be constructed where under the current zOning they cannot. Can you review and lets discuss? Thanks. Gina L. Clayton Assistant Planning Director City of Clearwater glna.c layton@myclearwater.com 727-562-4587 2 Jarzen, Sharen From: Sent: To: Subject: Brown, Steven Tuesday, January 10, 2006 4:24 PM Jarzen, Sharen FW. Old Florida LUZ Staff Report Sharen, I see where she IS coming from now, would you please revise the report as requested. Simply stated, leaving aside our personal predictions about the potential, the code says exactly what Gina conveys below Thanks Steven -----anginal Message----- From: Clayton, Gina Sent: Tuesday, January 10, 20064:18 PM To: Brown, Steven Subject: RE: Old Flonda LUZ Staff Report Overnight accommodations are allowed at 40 units per acre through a flexible standard approval (DRC). If you look In the Code in the section before the use charts, you will see the allowable density - 30 residential Units and 40 overnight accommodations Because there is no difference in the allowable residential density between the eXisting RH designation and the proposed RFH designation, I do not understand how the report indicates there will be an increase In residential density This IS what prompted my original e-mail I stili think the report needs to be revised The current RH designation does not allow overnight accommodations. -----anginal Message----- From: Brown, Steven Sent: Tuesday, January 10, 20064:06 PM To: Clayton, Gina Subject: RE: Old Flonda LUZ Staff Report Unless they do overnight accommodations under comp Infill, right? -----anginal Message----- From: Clayton, Gina Sent: Tuesday, January 10, 2006 3:55 PM To: Brown, Steven Subject: FW: Old Flonda LUZ Staff Report Old you get my e-mail where I Indicated that that we limit residential uses to 30 Units per acre In the RH and the RFH land use category? Based on this - there should be no Increase In residential Units -----anginal Message---n From: Jarzen, Sharen Sent: Tuesday, January 03,20061:15 PM To: Brown, Steven Cc: Clayton, Gina Subject: RE: Old Flonda LUZ Staff Report Under the future land use categories allowed for the MHDR District, the maximum dwelling Units permitted are 30 dwelling units/acre. Under the countywide future land use deSignation allowed under the proposed TOUrist DiStrict, the maximum dwelling Units permitted are 40 dwelling units/acre for overnight accommodations. That accounts for the difference Steven, attached is the staff report for the case. Let me know if you have any questions Thanks << File: LUZ2005-10013 Staff Report.doc>> Sharen Jarzen, AICP 1 Plannlng Department City of Clearwater 727-562-4626 -----anginal Message----- From: Brown, Steven Sent: Tuesday, January 03, 2006 12:57 PM To: Jarzen, Sharen Subject: FW: Old Flonda LUZ Staff Report please send me thiS staff report, so I can review this Issue Steven -----anginal Message----- From: Clayton, Gina Sent: Tuesday, January 03, 2006 12:03 PM To: Brown, Steven Subject: Old Flonda LUZ Staff Report I think a correction may need to be made in this staff report. Page 4 and Page 5 reference 9 additional residential units being allowed. I'm not sure how this is possible since residential density IS not changing It IS possible under the LUZ for overnight accommodation units to be constructed where under the current zoning they cannot Can you review and lets discuss? Thanks. Gina L. Clayton Assistant Planning Director City of Clearwater glna.c1ayton@myclearwater.com 727-562-4587 2 Jarzen, Sharen From: Sent: To: Subject: Brown, Steven Tuesday, January 10, 2006 11:40 AM Jarzen, Sharen RE: LUZ2005-10013 You're on. Steven -----Onglnal Message----- From: Jarzen, Sharen Sent: Tuesday, January 10, 2006 10:29 AM To: Brown, Steven Subject: FW: LUZ2005-10013 10'00 AM on January 17 is fine with me, if It works for you Sharen Jarzen, AICP Planning Department City of Clearwater 727-562-4626 -----Onglnal Message----- From: Jarzen, Sharen Sent: Tuesday, January 10, 20068:19 AM To: Brown, Steven Subject: RE: LUZ2005-10013 Will do. Sharen J arzen, AICP Planning Department City of Clearwater 727-562-4626 -----Onglnal Messagen--- From: Brown, Steven Sent: Monday, January 09,20064:52 PM To: Jarzen, Sharen Subject: FW: LUZ200S-10013 I checked with Gina and she has indicated that we send these to PPC two days prior to the CC 1 st reading Please prepare thiS and review with me, the packet that you will be sending on Tuesday, January 17, 2006 I am free from 10.00 am on, so pick a time that day that you want to go over It, and confirm it with me. Steven -----Onglnal Message----- From: Brown, Steven Sent: Thursday, December 29, 2005 4:47 PM To: Jarzen, Sharen Cc: Ready, Cky; Reynolds, Mike Subject: FW: LUZ2005-10013 OOpSI make that February 3rd and 6th. n---Onglnal Message----- 1 From: Brown, Steven Sent: Thursday, December 29, 2005 4:42 PM To: Jarzen, Sharen Cc: Ready, Cky; Reynolds, Mike Subject: LUZ2005-10013 This small scale amendment is scheduled for first reading by the CC on January 19,2006 The process instructions call for us to send the .Item to the PPC after the first reading, however the Instructions also mention that the PPC will accept the submittal a couple of days prior to the first reading. I have asked Gina for clarification as to whether we want to send in advance of the first reading to minimize processing time, and will let you know what I learn. In the meantime, prepare to submit to PPC for this Item on January 17th to be ahead of their January 19th deadline for the February PPC Hearing We are going to begin to send small scale amendments to DCA as they are approved, rather than waiting till months later when we have several. Each Planner will be responsible for the DCA submittal for their amendments This means that you can begin preparing the DCA Small Scale Amendment submittal for thiS Item to be sent to DCA between December 3rd and 6th. Thanks 2 Jarzen, Sharen From: Sent: To: Subject: Jarzen, Sharen Tuesday, January 10, 2006 1029 AM Brown, Steven FW. LUZ2005-10013 1000 AM on January 17 IS fine with me, if It works for you. Sharen J arzen, AICP Planning Department City of Clearwater 727-562-4626 -----anginal Message----- From: Jarzen, Sharen Sent: Tuesday, January 10, 20068:19 AM To: Brown, Steven Subject: RE: LUZ2005-10013 WIll do Sharen J arzen, AICP Planning Department City of Clearwater 727-562-4626 -----Onglnal Message----- From: Brown, Steven Sent: Monday, January 09, 2006 4:52 PM To: Jarzen, Sharen Subject: FW: LUZ2005-10013 I checked with Gina and she has indicated that we send these to PPC two days prior to the CC 1 st reading Please prepare this and review with me, the packet that you will be sending on Tuesday, January 17, 2006 I am free from 10:00 am on, so pick a time that day that you want to go over it, and confirm It with me Steven -----anginal Message----- From: Brown, Steven Sent: Thursday, December 29, 2005 4:47 PM To: Jarzen, Sharen Cc: Ready, Cky; Reynolds, Mike Subject: FW: LUZ2005-10013 OOpSI make that February 3rd and 6th -----Original Message----- From: Brown, Steven Sent: Thursday, December 29, 2005 4:42 PM To: Jarzen, Sharen Cc: Ready, Cky; Reynolds, Mike Subject: LUZ200S-10013 This small scale amendment is scheduled for first reading by the CC on January 19,2006. The process instructions call for us to send the item to the PPC after the first reading, however the instructions also mention that the PPC will accept the submittal a couple of days prior to the first reading. I have asked Gina for clarification as to whether we want to send in advance of the first reading to minimize processing time, and will let you know what I learn. In the meantime, prepare to submit to PPC for this item on January 17th to be ahead of their January 19th deadline for the 1 February PPC Hearing. We are going to begin to send small scale amendments to DCA as they are approved, rather than waiting till months later when we have several. Each Planner will be responsible for the DCA submittal for their amendments This means that you can begin preparing the DCA Small Scale Amendment submittal for this Item to be sent to DCA between December 3rd and 6th. Thanks 2 Jarzen, Sharen From: Sent: To: Subject: Jarzen, Sharen Tuesday, January 10, 20068:19 AM Brown, Steven RE: LUZ2005-10013 Will do Sharen J arzen, AICP Planning Department City of Clearwater 727-562-4626 -----Origlnal Message----- From: Brown, Steven Sent: Monday, January 09, 2006 4:52 PM To: Jarzen, Sharen Subject: FW: LUZ2005-10013 I checked with Gina and she has indicated that we send these to PPC two days prior to the CC 1 st reading Please prepare this and review with me, the packet that you will be sending on Tuesday, January 17, 2006. I am free from 10:00 am on, so pick a time that day that you want to go over It, and confirm It with me Steven -----anginal Message----- From: Brown, Steven Sent: Thursday, December 29,20054:47 PM To: Jarzen, Sharen Cc: Ready, Cky; Reynolds, Mike Subject: FW: LUZ2005-10013 Oops! make that February 3rd and 6th. -----anginal Message----- From: Brown, Steven Sent: Thursday, December 29, 2005 4:42 PM To: Jarzen, Sharen Cc: Ready, Cky; Reynolds, Mike Subject: LUZ2005-10013 This small scale amendment is scheduled for first reading by the CC on January 19,2006 The process instructions call for us to send the item to the PPC after the first reading, however the instructions also mention that the PPC will accept the submittal a couple of days prior to the first reading. I have asked Gina for clarification as to whether we want to send in advance of the first reading to minimize processing time, and will let you know what I learn. In the meantime, prepare to submit to PPC for this item on January 17th to be ahead of their January 19th deadline for the February PPC Hearing. We are going to begin to send small scale amendments to DCA as they are approved, rather than waiting till months later when we have several. Each Planner will be responsible for the DCA submittal for their amendments. ThiS means that you can begin preparing the DCA Small Scale Amendment submittal for this item to be sent to DCA between December 3rd and 6th. Thanks 1 Jarzen, Sharen From: Sent: To: Subject: Brown, Steven Monday, January 09, 20064.52 PM Jarzen, Sharen FW. LUZ2005-10013 I checked with Gina and she has Indicated that we send these to PPC two days prior to the CC 1 st reading Please prepare this and review with me, the packet that you will be sending on Tuesday, January 17, 2006 I am free from 10:00 am on, so pick a time that day that you want to go over it, and confirm It with me Steven -----anginal Message----- From: Brown, Steven Sent: Thursday, December 29, 2005 4:47 PM To: Jarzen, Sharen Cc: Ready, Cky; Reynolds, Mike Subject: FW: LUZ2005-10013 Oops! make that February 3rd and 6th. -----anginal Message----- From: Brown, Steven Sent: Thursday, December 29,20054:42 PM To: Jarzen, Sharen Cc: Ready, Cky; Reynolds, Mike Subject: LUZ2005-1 00 13 This small scale amendment is scheduled for first reading by the CC on January 19,2006 The process instructions call for us to send the Item to the PPC after the first reading, however the instructions also mention that the PPC will accept the submittal a couple of days prior to the first reading. I have asked Gina for clarification as to whether we want to send In advance of the first reading to minimize processing time, and will let you know what I learn In the meantime, prepare to submit to PPC for thiS item on January 17th to be ahead of their January 19th deadline for the February PPC Hearing We are gOing to begin to send small scale amendments to DCA as they are approved, rather than waiting till months later when we have several Each Planner will be responsible for the DCA submittal for their amendments. This means that you can begin preparing the DCA Small Scale Amendment submittal for this item to be sent to DCA between December 3rd and 6th Thanks 1 Jarzen. Sharen From: Sent: To: Subject: Clayton, Gina Wednesday, January 04, 2006 2 09 PM Jarzen, Sharen; Brown, Steven RE: Old Florida LUZ Staff Report Residential High land use - Maximum dwelling Units IS 30 Units per acre Resort Facilities overlay - maximum dwelling units IS 30 Units per acres/40 transient accommodations per acre -----Onglnal Message-m- From: Jarzen, Sharen Sent: Tuesday, January 03,20061:15 PM To: Brown, Steven Cc: Clayton, Gina Subject: RE: Old Flonda LUZ Staff Report Under the future land use categories allowed for the MHDR District, the maximum dwelling units permitted are 30 dwelling units/acre. Under the countywide future land use designation allowed under the proposed Tourist District, the maximum dwelling units permitted are 40 dwelling units/acre for overnight accommodations. That accounts for the difference. Steven, attached IS the staff report for the case Let me know If you have any questions. Thanks << File' LUZ2005-10013 Staff Report doc>> Sharen J arzen, AICP Plannmg Department City of Clearwater 727-562-4626 mnOnglnal Messagenm From: Brown, Steven Sent: Tuesday, January 03, 2006 12:57 PM To: Jarzen, Sharen Subject: FW: Old FlOrida LUZ Staff Report please send me thiS staff report, so I can review this issue Steven ---nOnglnal Message----- From: Clayton, Gina Sent: Tuesday, January 03, 2006 12:03 PM To: Brown, Steven Subject: Old Flonda LUZ Staff Report I think a correction may need to be made in this staff report. Page 4 and Page 5 reference 9 additional residential units being allowed. I'm not sure how this is possible since residential density is not changing. It IS pOSSible under the LUZ for overnight accommodation units to be constructed where under the current zOning they cannot Can you review and lets discuss? Thanks. Gina L. Clayton Assistant Planning Director City of Clearwater glna.c layton@myclearwater.com 727-562-4587 1 Jarzen. Sharen From: Sent: To: Subject: Watkins, Sherry Wednesday, January 04, 2006 8:56 AM Clayton, Gina, Brown, Steven; Wells, Wayne; Jarzen, Sharen FW. CORRECTION!!! RE: Missed FYI deadlines for January 19 Council Mtg FYI- Sherry L Watkins Planning Department Administrative Analyst (727) 562-4582 shemj. watkins@myclearwater.com -----anginal Message----- From: Vaughan, Karen Sent: Tuesday, January 03, 20064:05 PM To: Watkins, Sherry Cc: Dewitt, Gina; Kaushal, Mona Subject: CORRECfION!1I RE: Missed FYI deadlines for January 19 Council Mtg The 2nd item below is wrong........ It should have been: BBD Amendments City of Clearwater Old Florida/Marina Res. District 1 st Reading The LUZ2005-1 0013 City of Clearwater Planning MHDR Area of Old Florida 1 st Reading is in FYI. So sorry for the confusion!!! Thanks! Karen Vaughan Sr. Staff Assistant Official Records and Legislative Services Phone: 727-562-4091 karen. vaughan@myclearwater.com -----anginal Message----- From: Vaughan, Karen Sent: Tuesday, January 03, 2006 3:48 PM To: Watkins, Sherry Cc: Dewitt, Gina; Kaushal, Mona Subject: Missed FYI deadlines for January 19 CounCil Mtg Sherry, The following items missed the deadline for the January 19th CounCil Mtg and will be moved to the Feb. 2nd mtg: DVA2005-00002A Clearwater Hyatt, 301 S Gulview Blvd - 1st Reading LUZ2005-10013 City of Clearwater Planning MHDR Area of Old Florida 1st Reading Thanks! Karen Vaughan Sr. Staff Assistant OffiCial Records and Legislative Services Phone: 727-562-4091 karen. vaughan@myclearwater.com 1 Jarzen, Sharen From: Sent: To: Cc: Subject: Brown, Steven Tuesday, January 03, 2006 4 36 PM Clayton, Gina Jarzen, Sharen RE: Old Florida LUZ Staff Report In reviewing this and talking to Sharen about It, It is clear that the staff report that went to the COB postulated a development pattern of limited overnight accommodations (based on the trend in the area). It is true that the LUZ if approved by Council Will result in a potential Increase In denSity of 80 Units for the 7 94 acres, were they all to develop as overnight accommodations Also since we are preparing for Council a report and pOSSible amendments to the Development Code that would mcentivize overnight accommodations over condominiums, one could deduce from this that the City may be anticipating this higher denSity of overnight accommodations as a development pattern on the beach It looks as though, rather than 9 additional units, 80 additional Units Will be pOSSible if the proposed changes are made Without the benefit of knOWing how Council Will respond to any amendments that might be forthcoming that would be aimed at faVOring overnight accommodations as the preferred development pattern on the beach, the assumption was made that the histOriC pattern would prevail. Would you like the staff report to be reVised to reflect the build-out potential as overnight accommodations, which Will likely raise the general issue as a discussion piece, or wait to have that discussion when we have a proposal for them to conSider for incentives for hotel development? Steven -----anginal Message----- From: Clayton, Gina Sent: Tuesday, January 03, 2006 12:03 PM To: Brown, Steven Subject: Old Flonda LUZ Staff Report I think a correction may need to be made in this staff report. Page 4 and Page 5 reference 9 additional reSidential Units being allowed. I'm not sure how thiS is pOSSible since residential density is not changing. It is possible under the LUZ for overnight accommodation units to be constructed where under the current zoning they cannot. Can you review and lets diSCUSS? Thanks. Gina L. Clayton Assistant Planning Director City of Clearwater gina.clayton@myclearwater:com 727-562-4587 1 Jarzen. Sharen From: Sent: To: Cc: Subject: Jarzen, Sharen Tuesday, January 03, 2006 1'15 PM Brown, Steven Clayton, Gina RE Old Florida LUZ Staff Report Under the future land use categories allowed for the MHDR District, the maximum dwelling Units permitted are 30 dwelling units/acre Under the countYWide future land use designation allowed under the proposed Tourist District, the maximum dwelling Units permitted are 40 dwelling units/acre for overnight accommodations. That accounts for the difference Steven, attached is the staff report for the case Let me know If you have any questions. Thanks ~ L:!I LUZ2005-10013 Staff Report.doc... Sharen Jarzen, AICP Planning Department City of Clearwater 727-562-4626 -----Onglnal Messagemu From: Brown, Steven Sent: Tuesday, January 03, 2006 12:57 PM To: Jarzen, Sharen Subject: FW: Old Flonda LUZ Staff Report please send me thiS staff report, so I can review this Issue Steven -----Onglnal Messageu--- From: Clayton, Gina Sent: Tuesday, January 03, 2006 12:03 PM To: Brown, Steven Subject: Old Flonda LUZ Staff Report I think a correction may need to be made in this staff report. Page 4 and Page 5 reference 9 additional residential Units being allowed. I'm not sure how this is possible since reSidential density IS not changing It IS possible under the LUZ for overnight accommodation units to be constructed where under the current zoning they cannot. Can you review and lets discuss? Thanks. Gina L. Clayton ASSistant Planning Director City of Clearwater glna.c layton@myclearwater.com 727-562-4587 1 CDB Date: Case Number: Owner! Applicant: Representative: Address: Agenda Item: December 20, 2005 LUZ2005-l 00 13 City of Clearwater Planning Department Old Florida District D-3 CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT BACKGROUND INFORMATION The Planning Department undertook a study of the Old Florida District on Clearwater Beach to clarify the vision of the District and to eliminate any discrepancies between Beach by Deslgn, the special area plan governing Clearwater Beach and the underlying land use and zoning. As a result of the ideas generated by four public meetings, as well as policy direction provided by City Council on August 29, 2005, the Planning Department has developed amendments to Beach by Design. Currently the Plan specifies that the "preferred form of development" include townhomes and single-family dwellings mid-rise in height. The proposed amendments specify that all forms of new development be in the form of attached dwellings and overnight accommodations throughout the District, as well as commercial uses along Mandalay Avenue. Additionally, the amendments provide for a maximum building height of 65 feet in areas located 60 feet south of Somerset Street. At present, the Old Florida District has future land use plan (FLUP) designations of Resort Facilities High and High Density Residential and zoning categories of Tourist and Medium High Density Residential. In order to implement the proposed revisions to Beach by Design, it is necessary to amend the residentially designated area of the District (see Future Land Use Plan Map). REQUEST: (a) Future Land Use Plan amendment from the Residential High (RR) Classification to the Resort Facilities High (RFH) Classification; and (b) Rezoning from the Medium High Density Residential (MHDR) District to the Tourist (T) District. SITE INFORMATION PROPERTY SIZE: 7.94 acres Staff Report - Commumty Development Board - December 20,2005 - Case LUZ2005-09012 Page 1 PROPERTY USE: Current Use: Proposed Use: Single Family Residential, Multi-Family Residential & Overnight Accommodations Multi-Family Residential & Overnight Accommodations PLAN CATEGORY: Current Category: Proposed Category: Residential High (RR) Classification Resort Facilities High (RFH) Classification ZONING DISTRICT: Current District: Proposed District: Medium High Density Residential (MHDR) District Tourist (T) District EXISTING SURROUNDING USES: North: Single Family Residential South: Residential, Retail & Overnight Accommodations East: Residential, Retail & Overnight Accommodations West: Gulf of Mexico ANALYSIS: This Future Land Use Plan (FLUP) amendment and rezoning application involves 43 parcels of land, approximately 7.94 acres in area generally located on Clearwater Beach between Mandalay Avenue and the Gulf of Mexico between Kendall Street and the north side of Somerset Street. A mix of single-family residential, multi-family residential and overnight accommodation uses currently occupies the area. The site has a FLUP designation of Residential High (RR) and is zoned as a Medium High Density Residential (MHDR) District. These designations allow residential uses up to 30 units per acre and up to 50 feet in height. In order to allow the additional use of overnight accommodations and development up to 65 feet in height, as proposed in the amendments to Beach by Design, the Planning Department is requesting to amend the FLUP designation of the site to the Resort Facilities High (RFH) classification and to rezone it to the Tourist District. In accordance with the Countywide Plan Rules, the land use plan amendment is subject to approval by the Pinellas Planning Council and Board of County Commissioners acting as the Countywide Planning Authority. I. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN [Section 4-603.F.l] 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: Staff Report - Commumty Development Board - December 20,2005 - Case LUZ2005-10013 Page 2 2.1.2 Policy - Renewal of the beach tourist district shall be encouraged through the establishment of distinct districts within Clearwater Beach, the establishment of a limited density pool of additional hotel rooms to be used in specified geographic areas of Clearwater Beach, enhancement of public rights-of-way, the vacation of public rights-of- way when appropriate, transportation improvements, inter-beach and intra-beach transit, transfer of development rights and the use of design guidelines, pursuant to Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines. 2.2 Objective - The City of Clearwater shall continue to support innovative planned development and mixed land use development techniques in order to promote infill development that is consistent and compatible with the surrounding environment. 2.2.1 Policy - On a continuing basis, the Community Development Code and the site plan approval process shall be utilized in promoting infill development and/or planned developments that are compatible. 3.0 Goal - A sufficient variety and amount of future land use categories shall be provided to accommodate public demand and promote infill development. 5.1.1 Policy - No new development or redevelopment will be permitted which causes the level of City services (traffic circulation, recreation and open space, water, sewage treatment, garbage collection, and drainage) to fall below minimum acceptable levels. However, development orders may be phased or otherwise modified consistent with provisions of the concurrency management system to allow services to be upgraded concurrently with the impacts of development. Recommended Conclusions of Law: The proposed plan amendment is 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 L Recommended Findings of Fact: The purpose of the proposed Resort Facilities High (RFH) category, as specified in Section 2.3.3.4.6 of the Countywide Rules, is to designate areas in the County that are now developed, or appropriate to be developed, in high density residential and resort, tourist facility use; and to recognize such areas as well-suited for the combination of residential and transient accommodation use consistent with their location, surrounding uses, transportation facilities and natural resource characteristics of such areas. The Resort Facilities High (RFH) category is generally appropriate to locations where unique recreational assets warrant the combination of permanent and temporary accommodations in close proximity to and served by the arterial and major thoroughfare network, as well as by mass transit. New development at this density will be discouraged in coastal high hazard areas and evacuation level "A" areas. Staff Report - CommunIty Development Board - December 20,2005 - Case LUZ2005-10013 Page 3 This area of Old Florida is located along the Gulf of Mexico and is accessed by Mandalay Avenue, which is the major north-south arterial on North Clearwater Beach. The area is also served by mass transit by the Pinellas Suncoast Transit Authority. Additionally, this area is currently developed with a variety of residential and overnight accommodation uses and is adjacent to RFH designated land to the immediate east and south. Based on historical development patterns and current uses, this area has functioned as a tourist area. The current underlying future land use plan designation of Residential High allows residential development at 30 units per acre, which is consistent with the density allowed by the RFH category. The RFH would also allow overnight accommodation uses at a density of 40 units per acre. It should be noted however, that the emerging pattern of redevelopment has been residential in character throughout the entire Old Florida District. The Pinellas Planning Council (PPC) and Countywide Planning Authority (CPA) have policies that specifically address Countywide Future Land Use Plan amendments in the Coastal High Hazard Area (CHHA). The policy specifies that such amendments should generally be denied. However, approval may be granted upon a balancing of the following criteria, as determined applicable and significant to the amendment. A. Distinction between direct storm damage and damage to evacuation routes. The subject site is susceptible to storm damage due to the site's location on both the Intracoastal Waterway and the Gulf of Mexico in an AE flood zone, with the very western edge being located in a VE flood zone. The evacuation route is in close proximity to the Memorial Causeway Bridge via Mandalay Avenue. This evacuation route is adequate to serve the existing and proposed land use category. B. Access to Emergency Shelter Space and Evacuation Routes. Currently there is a shortage of emergency shelters countywide. The proposed amendment could result in a net increase of 9 units or approximately 20 people assuming that all acreage now containing single family homes were converted to overnight accommodations.' Emergency shelter planning provides for a percentage of residents that will utilize family, friend or hotel accommodations during evacuation situations and not emergency shelter space. Not considering that decreased percentage, this increase is still minimal and will not have a negative impact on shelter space or evacuation routes. C. Utilization of Existing and Planning Infrastructure. This criterion is not applicable since the use of the site for the proposed residential purposes will not require the expenditure of public funds for the construction of new, unplanned infrastructure. D. Utilization of Existing Disturbed Areas. This criterion is not applicable since the site is currently developed and not a natural area. E. Maintenance of Scenic Qualities and Improvement of Public Access to Water. The subject site currently provides public access to the Gulf of Mexico at the end of the east- Staff Report - Community Development Board - December 20,2005 - Case LUZ2005-10013 Page 4 west streets that terminate at the Gulf. This will not change if the proposed amendment is adopted. F. Water Dependent Use. The site is currently occupied by residential areas, and not a water dependent use. G. Integral Part of Comprehensive Planning Process. The requested amendment has been initiated by the City of Clearwater as an integral part of its comprehensive planning process consistent with the City of Clearwater Comprehensive Plan. H. Part of Community Redevelopment Plan. The requested amendment is designated in a Community Redevelopment Plan as defined by Florida Statutes and is designated by Pinellas County as a Community Redevelopment District as a neighborhood that requires a special plan. I. Overall Reduction of Density or Intensitv. The maximum permitted density ofthe subject site is currently 30 units per acre, which would permit a maximum of238 dwelling units. The proposed amendment would allow 40 units per acre for a maximum of 318 dwelling units. However, these 40 units per acre are only permitted for overnight accommodations. All new development that has been approved in the area in the last several years has been condominium development, not overnight accommodations. This trend is likely to continue, thus primarily limiting the construction of any new overnight accommodation units. Currently 0.61 acres are developed for motel use. It is highly unlikely that any more motels will be developed here. However, even assuming that every single family home were converted to a motel, this would only imply a net increase of nine (9) residential units in the area proposed for rezoning. 1. Clustering of Uses. The entire site is located within the Coastal High Hazard Area, therefore the clustering uses of a portion of the site outside the CHHA is not possible. While the requested amendment to the Future Land Use Plan category could place a net total of nine (9) additional residential dwelling units in the CHHA and subject the site to possible direct storm damage, the existing capacity for the maximum potential of traffic generated by the amendment would not affect the evacuation route of the area. (See IV. Sufficiency of Public Facilities section.) Recommended Conclusions of Law: The proposed plan amendment is consistent with the purpose and locational characteristics of the Countywide Plan. Staff Report - Commumty Development Board - December 20,2005 - Case LUZ2005-10013 Page 5 III. COMPATIBILITY WITH SURROUNDING PROPERTY/CHARACTER OF THE CITY & NEIGHBORHOOD [Sections 4-602.F.2 & 4-603.F.3] Recommended Findings of Fact: A variety of uses characterize the area to the east and south of the site. They include a mix of retail, residential and overnight accommodations. The area to the north is occupied by single family residences, while the area to the west is the Gulf of Mexico. The proposed Future Land Use Plan (FLUP) designation and rezoning are in character with the overall FLUP. designation in the area and are compatible with the surrounding uses. The proposed Resort Facilities High (RFH) classification is consistent with the proposed use of the area for multi-family dwelling units and overnight accommodations. Through a concurrent amendment to Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines (BBD), no retail or commercial will be allowed in the area proposed to be rezoned. The change in the zoning from Medium High Density Residential (MHDR) to Tourist (T) is more compatible with the proposed height of certain portions of the district being permitted to 65 feet. Recommended Conclusions of Law: The proposed plan and zoning atlas amendments are compatible with surrounding properties and the character of the City and neighborhood. IV. SUFFICIENCY OF PUBLIC FACILITIES Recommended Findings of Fact: As stated earlier, the overall subject site is approximately 7.94 acres in area and is presently occupied by single family and multi-family residential, as well as overnight accommodations. The applicant is requesting to amend the FLUP designation of the site to the Resort Facilities High (RFH) and to rezone it to the Tourist (T) District. The current FLUP Residential High (RR) category permits a primary use of only residential. However, the Resort Facilities High (RFH) category permits the development of both residential and transient accommodations, as well as tourist facilities and offices. Roadways The accepted methodology for reviewing the transportation impacts of proposed plan amendments is based on the Pinellas Planning Council's (PPC's) traffic generation guidelines. The PPC's traffic generation rates have been calculated for the subject site based on the existing and proposed FLUP categories and are included in the next table that examines the maximum potential traffic of the future land use plan amendment from the Residential High (RR) to the Resort Facilities High (RFH) classification. Based on the 2005 Pinellas County Metropolitan Planning Organization (MPO) Level of Service Report, the segment of Mandalay Avenue in the Level of Service (LOS) Report that is most affected by traffic in the Old Florida District is the one that runs from Royal Way south to Pier 60 that has a LOS of C. Staff Report - Community Development Board - December 20, 2005 - Case LUZ2005-1 00 13 Page 6 Maximum DaII Added Potential Tn s Maximum PM Peak Hour Added PotentIal Tn S3 Volume of Mandalay Avenue from EI Dorado CIrcle to Pier 60 13,939 15,392 16,400 1,008 LOS of Mandalay Avenue from Royal Way to PIer 60 C C C C N/ A = Not A hcable LOS = Level of Service I = Based on PPC calculatIOns oftn s er acre er da for the Residential Suburban Future Land Use Cate 0 . 2 = Based on PPC calculatIOns oftn s er acre er da for the Residential Low MedIUm Future Land Use Cate or 3 = Based on MPO K-factor of 0.095 Source: "The Coun wide Plan Rules", as amended thrau h Au ust 8, 2005 b the Pmellas Plannm Council The proposed FLUP category of Resort Facilities High (RFH) could generate an increase in PM peak hour traffic on this segment of Mandalay Avenue by a total of 96 trips. Based on the volume/capacity ratio that takes into account the signalization and number of lanes, it will not result in the degradation of the existing LOS to the surrounding road network according to the City of Clearwater Engineering Department. Additionally, the concurrent Beach by Design amendment will preclude commercial or office uses from developing in this area. Traffic from the subject site will be distributed to Mandalay Avenue. The site is currently accessed from the north and south along the beach corridor via that roadway. Specific uses that are permitted in the current and proposed zoning districts have also been analyzed for the level of vehicle trips that could be generated based on the Institute of Transportation Engineer's Trip Generation report. Please note that detached dwellings will not be permitted in the proposed zoning and future land use plan, but overnight accommodations will be. Below is this comparison in the change of land use that will be permitted. A hotel use, as opposed to a motel use, is a viable comparison, because according to the Trip Generation report, a hotel is defined as supporting facilities such as restaurants. As commercial or office uses will not be allowed in this area, a motel is used for a comparison. Existin Single Family Detached N/A N/A Housmg Motel - Occu ied Rooms 2,893 613 219 -24 Motel - All Rooms 1,788 -492 178 -65 Staff Report - Community Development Board - December 20, 2005 - Case LUZ2005-1 00 13 Page 7 The City of Clearwater Engineering Department has concluded that the transportation impacts associated with this land use plan amendment will not result in the degradation of the existing LOS to the surrounding road network. The LOS in that section of Mandalay Avenue will not change if the site is used for overnight accommodations. The net increase of PM peak trips will actually decrease if the sites are used for motel rooms, either occupied or unoccupied, as opposed to using the sites for single family detached dwellings. Also the net increase of average daily trips will decrease if the total number of motel rooms is used for a comparison. All overnight accommodations will be classified at a motel level, as hotels imply accessory service or retail uses, and those uses will not be permitted in the area when it is rezoned. Mass Transit The Citywide LOS for mass transit will not be affected by the proposed plan amendment. The total miles of fixed route service will not change; the subject site is located along an existing transit route named the Suncoast Beach Trolley with service along Mandalay Avenue from approximately 6:30 AM to 9:20 PM and virtually all headways are less than or equal to one hour. Service is provided by the Pinellas Suncoast Transit Authority (PSTA) and the Trolley connects at various points to five different bus routes along the beach area, as well as has access to the Park Street Terminal in downtown Clearwater. Water The current FLUP category could use up to 59,550 gallons per day. Under the proposed FLUP categories, water demand could approach approximately 79,400 gallons per day. The proposed land use will not negatively affect the City's current LOS for water. Wastewater The current FLUP category could produce up to 47,640 gallons per day. Under the proposed FLUP categories, sewer demand could approach approximately 63,520 gallons per day. The proposed land use amendment will not negatively affect the City's current LOS for wastewater. Solid Waste The current Residential High FLUP category would result in the production of 604 tons of solid waste per year. Under the proposed FLUP category, the proposed restaurant could generate 805 tons of solid waste per year. The proposed land use and plan amendment will not negatively affect the City's current LOS for solid waste disposal. Recreation and Open Space The proposed future land use plan and zoning designations will permit the development of up to 318 dwelling units. However, payment of an Open Space, Recreation Land and Recreation Facility impact fee will not be required at this time; impact fees will be required as the sites are redeveloped with new uses that result in an increase in units. The amount and timing of this fee is dependent on the number of developed units and will be addressed and paid during the site plan reVIew process. Staff Report - Community Development Board - December 20,2005 - Case LUZ2005-10013 Page 8 Recommended Conclusions of Law: It has been determined that the traffic generated by this plan amendment will not result in the degradation of the existing LOS to the surrounding road network. It has also been determined that the amendment and rezoning will not negatively affect the City's current level of service for mass transit, water, wastewater, solid waste, or recreation and open space. Based on the findings above, the proposed FLUP and rezoning does not require nor affect the provision of public services in a negative manner. V. IMPACT ON NATURAL ENVIRONMENT [Section 4-603.F.5.] Recommended Findings of Fact: As properties are redeveloped, site plan approval will be required. At that time, the stormwater management system will be required to meet all City and Southwest Florida Water Management District (SWFWMD) stormwater management criteria. Recommended Conclusions of Law: Water quantity and quality will be controlled in compliance with the Clearwater Comprehensive Plan. The entire area is located in either Flood Zone of AE or VE, but is entirely developed. Consequently, as the area is redeveloped, the natural environment will not be affected adversely. VI. LOCATION OF DISTRICT BOUNDARIES [Section 4-602 .F.6.] Recommended Findings of Fact: The location of the proposed Tourist (T) District boundaries are logical based on the historical use of this property and the remainder of the Old Florida District that is zoned as T that is not zoned for institutional or recreational uses. This rezoning will consolidate this site into the appropriate zoning district. It will blend into the existing zoning and uses of the Old Florida District. Recommended Conclusions of Law: The district boundaries are appropriately drawn in regard to location and classifications of streets and ownership lines. VII. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT CODE AND CITY REGULATIONS [Sections 2-701.1 & 4-602.F.1. and .2.] Recommended Findings of Fact: The existing future land use plan category and zoning district permits 30 dwelling units per acre. The proposed Resort Facilities High (RFO) land use category and Tourist (T) district also permits 30 dwelling units per acre, but also allows 40 units per acre for overnight accommodations. Staff Report - Commumty Development Board - December 20,2005 - Case LUZ2005-10013 Page 9 Recommended Conclusions of Law: The proposed use of this property as multi-family residential and overnight accommodations is consistent with the uses allowed within the development standards for the Tourist (T) zoning district. 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 FLUP from the Residential High (RR) category to the Resort Facilities High (RFH) category and a rezoning from the Medium High Density Residential (MHDR) to the Tourist (T) District for the subject site is requested. This 7.94 acre site is compatible with the proposed use of the property for multi-family attached dwellings and overnight accommodations, and the proposed future land use plan amendment and rezoning is compatible with the existing neighborhood. The remainder of the Old Florida District consists of multi-family residential dwellings, overnight accommodations, retail and public uses. The Planning Department recommends the following actions on the request based on the recommended findings of fact and recommended conclusions of law: a) Recommend APPROVAL of the Future Land Use Plan amendment from the Residential High (RR) Classification to the Resort Facilities High (RFH) Classification; and b) Recommend APPROVAL of the rezoning from the Medium High Density Residential (MHDR) District to the Tourist (T) District. Prepared by Planning Department staff: Sharen J arzen, Planner III Attachments: Application Location Map Aerial Photograph of Site and Vicinity Land Use Plan Map Zoning Map Existing Surrounding Uses Site Photographs S IPlannmg DepartmentlC D BILand Use AmendmentslLUZ 20051LUZ2005-10013 Old FlOrida District, City ofClearwaterlLUZ2005-JO013 Staff Report doc Staff Report - CommunIty Development Board - December 20,2005 - Case LUZ2005-10013 Page 10 Jarzen. Sharen From: Sent: To: Subject: Brown, Steven Tuesday, January 03, 2006 12:57 PM Jarzen, Sharen FW: Old Florida LUZ Staff Report please send me this staff report, so I can review this Issue. Steven nmOnglnal Messagenn- From: Clayton, Gina Sent: Tuesday, January 03, 2006 12:03 PM To: Brown, Steven Subject: Old Flonda LUZ Staff Report I think a correction may need to be made in this staff report Page 4 and Page 5 reference 9 additional residential units being allowed. I'm not sure how thiS is possible since residential density IS not changing It is possible under the LUZ for overnight accommodation units to be constructed where under the current zoning they cannot. Can you review and lets discuss? Thanks. Gina L. Clayton Assistant Plannmg Director City of Clearwater gma.clayton@myclearwater.com 727-562-4587 1 Jarzen, Sharen From: Sent: To: Cc: Subject: Brown, Steven Thursday, December 29, 20054'47 PM Jarzen, Sharen Ready, Cky; Reynolds, Mike FW: LUZ2005-10013 Oops I make that February 3rd and 6th. _m-Onglnal Messagemn From: Brown, Steven Sent: Thursday, December 29, 2005 4:42 PM To: Jarzen, Sharen Cc: Ready, Cky; Reynolds, Mike Subject: LUZ2005-10013 ThiS small scale amendment is scheduled for first reading by the CC on January 19,2006. The process instructions call for us to send the Item to the PPC after the first reading, however the instructions also mention that the PPC will accept the submittal a couple of days prior to the first reading. I have asked Gina for clarification as to whether we want to send in advance of the first reading to minimize processing time, and will let you know what I learn In the meantime, prepare to submit to PPC for thiS item on January 17th to be ahead of their January 19th deadline for the February PPC Hearing. We are going to begin to send small scale amendments to DCA as they are approved, rather than waiting till months later when we have several. Each Planner will be responsible for the DCA submittal for their amendments. This means that you can begin preparing the DCA Small Scale Amendment submittal for this item to be sent to DCA between December 3rd and 6th Thanks 1 Jarzen, Sharen From: Sent: To: Cc: Subject: Brown, Steven Thursday, December 29, 20054 42 PM Jarzen, Sharen Ready, Cky; Reynolds, Mike LUZ2005-10013 This small scale amendment is scheduled for first reading by the CC on January 19,2006. The process Instructions call for us to send the item to the PPC after the first reading, however the instructions also mention that the PPC will accept the submittal a couple of days prior to the first reading. I have asked Gina for clarification as to whether we want to send In advance of the first reading to minimize processing time, and will let you know what I learn In the meantime, prepare to submit to PPC for this Item on January 17th to be ahead of their January 19th deadline for the February PPC Hearing We are going to begin to send small scale amendments to DCA as they are approved, rather than waiting till months later when we have several. Each Planner will be responsible for the DCA submittal for their amendments This means that you can begin preparing the DCA Small Scale Amendment submittal for this item to be sent to DCA between December 3rd and 6th. Thanks , 1 Jarzen, Sharen From: Sent: To: Subject: Jarzen, Sharen Tuesday, December 13, 20054'28 PM Brown, Steven Old Florida Steven, per our discussion, I have made all the changes to the three case files associated with Old Florida As I mentioned, I would highly recommend that Gina look at them again, as some of the changes were extensive, and this IS a tOpiC that will generate a lot of discussion by the public Hopefully, the changes related to the BBD document will be finalized soon, as the time to get them duplicated and sent to the COB is growing short Thanks. Sharen Jarzen, AICP Plannmg Department City of Clearwater 727-562-4626 1 Jarzen. Sharen From: Sent: To: Subject: Jarzen, Sharen Tuesday, December 13, 2005 4:08 PM Bertels, Paul RE: LOS Thanks, Paull Sharen Jarzen, AICP Planning Department City of Clearwater 727-562-4626 ---nOnglnal Message-un From: Bertels, Paul Sent: Tuesday, December 13, 2005 4:02 PM To: Jarzen, Sharen Subject: RE: LOS That won't show up til next year. Paul Bertels Manager Traffic Operations Division 727.562.4794 Paul.Bertels@MyC/earwater.com n---Onglnal Message----- From: Jarzen, Sharen Sent: Tuesday, December 13, 2005 10:52 AM To: Bertels, Paul Subject: LOS Paul, has a new LOS been established for that portion of SR 60 that includes the new bridge west to the roundabout? Thanks. Sharen J arzen, AICP Planning Department City of Clearwater 727-562-4626 1 Jarzen, Sharen From: Sent: To: Subject: Kambourolias, Sam Tuesday, December 13,20053:16 PM Jarzen, Sharen Map Name location Map Old Florida Dlstr... 1 PROJECT SITE Pier 60 Atlas Page: 258A Site: From: To: z <: :E I BAY D ROCKAWAY 3 ROYAL AY D ~ BAY <: t= ill ~ Q -u (/) -u r Juanita z ;cD". - c z D~ (/l E; rn ESPLANADE w o (( Location Map Case: LUZ2005-10013 Residentially Zones Area of the Old Florida District Property Size (Acres): 7.94 Land Use RH RFH Zoning MHDR Number of Parcels T 43 Jarzen, Sharen From: Sent: To: Subject: ~w ;g - legaLdescrpltion.do c Cky Ready Planner II City of Clearwater (727) 562-4553 Ready, Cky Tuesday, December 13, 2005 2:49 PM Jarzen, Sharen . legal 1 Legal Description Begin at NW comer of Lot 2, Block 1, of Clearwater Beach Subdivision, as recorded in plat book 11, page 5, of the public-records of Pinellas County Florida; thence South h along the East line of Beach Drive, to the SW comer of the North ~ of Lot 2, Block 6; thence East along the South line of the North ~ of said Lot 2 and its Easterly extension, to the NE comer of Lot 13, said Block 6; thence South to the centerline of Avalon Street; thence West along the centerline of Avalon Street to the Northerly extension of the West line of Lot 5, Block 7; thence South to the SW comer of said Lot 5; thence East to the SE comer of Lot 7, said Block 7; thence North to the intersection of the Northerly extension of the West line of Lot 8, Block 2 of said Clearwater Beach Subdivision and the centerline of Somerset Street; thence East along said centerline to the centerline of Mandalay A venue; thence South along said centerline to the centerline of Somerset Street; thence East along said centerline to the Southerly extension of the East line of Block 76 Mandalay Subdivision Unit 5 Replat, Plat Book 20 Page 48 of said public records; thence North to the NE comer of said Block 76; thence East to the Point of Beginning. Jarzen, Sharen From: Sent: To: Subject: Kambourolias, Sam Tuesday, December 13, 2005 10:41 AM Jarzen, Sharen Map Name ~ ~ location Map Old Florida Distr... 1 PROJECT SITE Atlas Page: 258A Site: From: To: Pier 60 o ~ 0"0 'OJ gO UJ 'OUo-r. 5 d ffi IRIS iDJ~~( D~ ASTER D ACACIA ST .~..... ~ oST ~D IDLEWILD c=:J GLENDALE HElL WOOD c=::J AVALON c=::J KENDALL c:=:::J BAY .0 3- BAYMONT ST 5g0~ti~~g SANM co UJ tr o :z: en PAPAYA ST l~n~E j ~ ~ ~ i? (/0 Location Map Case: LUZ2005-10013 Residentially Zones Area of the Old Florida District Land Use RH RFH Property Size (Acres): 7.94 Zoning MHDR Number of Parcels 43 T Jarzen, Sharen From: Sent: To: Subject: Jarzen, Sharen Tuesday, December 13, 20059:03 AM Kambourolias, Sam Maps for Old Florida Importance: High Sam, could you please change the northern boundary on the attached project "Location Map" so that it corresponds with the northern boundary on the attached "Future Land Use Plan Map." Thanks!! I appreciate it! ~Kl --== .- location Map Old Florida Dlstr... @ Future Land Use.doc Sharen J arzen, AICP Planning Department City of Clearwater 727-562-4626 1 Atlas Page: 258A Site: From: To: @ PROJECT SITE Location Map Case: LUZ2005-10013 Property Size (Acres): Residentially Zones Area of the Old Florida District Land Use RH RFH 7.94 Zoning MHDR Number of Parcels 43 T - 1 @ WW "IT r-- I ~ffi ~ :c ., " 11 ACACIA U STREET I ...... " /1 I I a> - -- - - -- ~ SOMERSET II UJ \ 0 ~ f-- Z UJ m ;;: (/l -u CAMBRIA STREET ~ - UJ ~ ~ m z ~ ~FH I UJ 1 ~ ;;: f---- J IOLE\I\IILO STREET ~ ~H ~ I r-- -I-'- ~ \ s ~ GLENOALE ST GULF ROYAL WAY ,---- ~ OF m l MEXICO I---- - HEILWOOO ST I---- - ~ BAY - \ \ '\ RlOS -I -"m Q (/l AVA -u <( -u - ~ I L ~ ~ r- RI~ ~S - - UJ r-- (/l ....-.....: "'H ~ en K 1 m z 6 0:: T 0- U 0 I JUANITA - KENOALL ST -~ --' JUANITA W^' ~ ~ - ~ \ INS ~ c --' I R If1 [l m ~ n I-- \ \ Future Land Use Plan Map Atlas Page: 258A Case: LUZ2005-10013 Site: Residentially Zoned Area of the Old Property Size 7.94 Florida District (acres) Land Use Zoning From : Number of 43 RH MHDR Parcels To: RFH T ...--.. Jarzen, Sharen From: Sent: To: Subject: Erin Dorn@dca.stateJl.us Monday, October 10, 2005250 PM Jarzen, Sharen RE: DCA 05-1 for the City of Clearwater Sharen, When we reVlew mlxed-use land use designations, we look at the proportions that are laid out in the Land Development Regulations - i.e. 30% office, 30% retail, 40% residential and the maximum development potential under each type of use. This can get complicated when there are a range of percentages for each land use type. In that case, I think that as long as you have a reasonable, professionally acceptable way of figuring your maximum development potential you should be fine. If you're still unsure, you can submit your methodology to DCA before you submit your amendments, and we will do a courtesy review and let you know if we see any maJor problems. I've got copies of the North Redington Beach CHHA stuff for you, although I have not yeat made it to the mail room. I should make it down there sometime today or tomorrow. Erin <Sharen.Jarzen@my Clearwater. com> To 10/07/2005 04:02 PM <Erin.Dorn@dca.state.fl.us> cc SubJect RE: DCA 05-1 for the City of Clearwater Erin, I had just a qUlck questlon about a mixed-use land use category (Resort Facilities High) that would allow a range of uses including residential, overnight accommodatlons and retail/commercial. Does DCA have expectations about how we determine the maXlmum development potential in an area like this in order to determine traffic impacts? As an example, should we base our analysis on the hlghest traffic generating use, or would DCA support assumptions about the llkely mix of uses as a basis of analysis? Thanks for your help. Have a good weekend. Sharen Jarzen, AICP Planning Department Clty of Clearwater 727-562-4626 ,tl",_ '. 1 ~ -----Original Message----- From: Erin.Dorn@dca.state.fl.us [mailto:Erin.Dorn@dca.state.fl.us] Sent: Tuesday, October 04, 2005 4:59 PM To: Jarzen, Sharen Subject: RE: DCA 05-1 for the Clty of Clearwater Sharen, We would need the same data and analysls that would be supplied when any land use change is proposed: public facilities (avallable potable water, sanitary sewer, and storm water capacity to meet demand at maximum development potential), maintenance of the LOS for transportation, etc. Since the overlay would most likely be applied to areas that are already developed, I don't think that we would need a detalled Natural Resources assessment, and since the amendment doesn't increase residential denslties, schools would not need to be addressed. Although not required and generally not an issue for tourist accomodations, it would be good for the City to indlcate how they plan to coordinate with the County on hurricane evacuation times if the overlay were to be applied in the CHHA. I have an excellent example from North Redington Beach If you are interested. Let me know if you have any more questions. Erin <Sharen.Jarzen@my Clearwater. com> To 10/04/2005 04:21 PM <Erin.Dorn@dca.state.fl.us> cc Subject RE: DCA 05-1 for the City of Clearwater Erin, As a follow-up, my supervisor requested that I check to see what type of data and analysls you would need when the Resort Facllltles Overlay was applied to a specific parcel In the future. Would this be the same type of information that we currently send you for an amendment, or would you need additlonal data and analysis? This is in reference to the "Recommendation" section in your "OBJECTIONS, RECOMMENDATIONS, AND COMMENTS REPORT" dated August 26, 2005 for CPA2004-12001. As always, thanks for your help. Sharen Jarzen, AICP Planning Department City of Clearwater 727-562-4626 -----Orlglnal Message----- From: Jarzen, Sharen Sent: Frlday, September 30, 2005 8:11 AM To: 'Erin.Dorn@dca.state.fl.us' SubJect: RE: DCA 05-1 for the City of Clearwater 2 ~~ Thanks for your help, Erin. I really appreciate it! Sharen Jarzen, AICP Planning Department Clty of Clearwater 727-562-4626 -----Original Message----- From: Erin.Dorn@dca.state.fl.us [mailto:Erin.Dorn@dca.state.fl.us] Sent: Wednesday, September 28, 2005 2:08 PM To: Jarzen, Sharen Subject: Re: DCA 05-1 for the City of Clearwater Sharen, The addltion looks good - it's much more clear now. Let me know if you need anything else. Erin L. Dorn, Senior Planner Division of Communlty Planning Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 Phone: (850) 922-1798 Fax: (850) 488-3309 <Sharen.Jarzen@my Clearwater. com> To 09/27/2005 11:05 AM <erln.dorn@dca.state.fl.us> cc Subject DCA 05-1 for the City of Clearwater Erin, I just faxed you the page in the Ordinance that we will change In order to make It more clear that the Resort Facilities Overlay would be applied through a land use plan amendment. As such, we did not submit a map, as the plan classification will not be applied as an overlay to one specific area, but instead will be applied on a case-by-case basls In eliglble zonlng district categories. Let me know what you think after you've had a chance to review it. If you have any questions, please don't hesitate to call me at the number shown below. Thanks for your help' Sharen Jarzen, AICP Planning Department 3 City of Clearwater 727-562-4626 Please note: Florida has a very broad publlc records law. Most wrltten communications to or from state officials regarding state buslness are public records available to the public and medla upon request. Your e-mail communications may be subject to public disclosure. Please note: communications public records communications Florida has a very broad public records law. Most written to or from state offlclals regarding state business are available to the public and media upon request. Your e-mail may be subject to public disclosure. 4 \.....-- U1ZOS- 1()()13 ~J "- ~ v:' , ," * * REVISED * * CITY OF CLEARWATER PUBLIC HEARING NOTICE LAND USE .PLAN AND ZONING ATLAS AMENDMENTS NOTE: All oersons wishinQ to address an item need to be oresent at the BEGINNING of the Community Develooment Board meetinQ. Those cases that are not contested bv the aoolicant. staff. neiQhborinCl orooertv owners. etc. will be olaced on a consent aQenda and aooroved bv a sinQle vote at the beQinninQ of the meetinQ. The City of Clearwater, Florida, proposes to adopt the following ordinances: ORDINANCE NO. 7547-06 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY GENERALLY LOCATED ON CLEARWATER BEACH BETWEEN MANDALAY AVENUE AND THE GULF OF MEXICO B!;TWEEN KENDALL AND THE NORTH SIDE OF SOMERSET STREET EAST OF MANDALAY AVENUE IN THE OLD FLORIDA DISTRICT AS DESIGNATED BY BEACH BY DESIGN, THE SPECIAL AREA PLAN GOVERNING CLEARWATER BEACH FROM RESIDENTIAL HIGH TO RESORT FACILITIES HIGH; PROVIDING AN EFFECTIVE DATE. ORDINANCE NO. 7548-06 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN REAL PROPERTY GENERALLY LOCATED ON CLEARWATER BEACH BETWEEN MANDALAY AVENUE AND THE GULF OF MEXICO BETWEEN KENDALL STREET AND THE NORTH SIDE OF SOMERSET STREET EAST OF MANDALAY AVENUE IN THE OLD FLORIDA DISTRICT AS DESIGNATED BY BEACH BY DESIGN, THE SPECIAL AREA PLAN GOVERNING CLEARWATER BEACH FROM MEDIUM HIGH DENSITY RESIDENTIAL TO TOURIST; PROVIDING AN EFFECTIVE DATE. Schedule of Public Hearinas: ** contd from 11/15/05 to Tuesday, December 20,2005 before the Community Development Board, at 2:00 p.m. **Thursday, January 19, 2006 before the City Council (1st Reading), at 6:00 p.m. **Thursday, February 02, 2006 before the City Council (2nd Reading), at 6:00 p.m. All public hearings on the ordinances Will be held in Council Chambers, 3rd floor of City Hall, 112 South Osceola Ave, Clearwater, Florida. (City of Clearwater/A portion of the Old Florida District on Clearwater Beach) LUZ2005-10013 Interested parties may appear and be heard at the hearing or file written notice of approval or objection with the Planning Director or City Clerk prior to the hearing. Any person who decides to appeal any decision made by the Board or CounCil, With respect to any matter considered at such hearings, will need to request a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based per FlOrida Statute 286.0105. Community Development Code Sec 4-206 states that party status shall be granted by the Board in quasi-judicial cases If the person requesting such status demonstrates that s/he is substantially affected. Party status entitles parties to personally testify, present evidence, argument and witnesses, cross-examine Witnesses, appeal the decision and speak on reconsideration requests, and needs to be requested and obtained during the case discussion before the cDB. An oath will be administered swearing in all persons giVing testimony in quasI-judicial public hearing cases. If you wish to speak at the meeting, please walt to be recognized, then state and spell your name and prOVide your address. Persons without party status speaking before the CDB shall be limited to three minutes unless an individual is representing a group in which case the Chairperson may authOrize a reasonable amount of time up to 10 minutes. The Community Development Board will review the case and make a recommendation to the City Council for final diSpOSition. Five days prior to the COB meeting, staff reports and recommendations on the above requests Will be available for review by interested parties between the hours of 8:30 a m and 4 '30 pm, weekdays, at the City of Clearwater, Planning Department, 100 S Myrtle Ave, Clearwater, FL 33756. Please contact the Planning Department 562-4567 to diSCUSS any questions or concerns about the project and/or to better understand the proposal. Michael Delk Cynthia E. Goudeau, CMC \ .' -, .~ ~",' ) J Planning Director City Clerk City of Clearwater P.O. Box 4748, Clearwater, FL 33758-4748 A COpy OF THIS AD IN LARGE PRINT IS AVAILABLE IN OFFICIAL RECORDS & LEGISLATIVE SERVICES. ANY PERSON WITH A DISABILITY REQUIRING REASONABLE ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING SHOULD CALL (727) 562-4093 WITH THEIR REQUEST. Ad: 10/30/05, 11/27/05, & 01/01/06 . * * REVISED * * CITY OF CLEARWATER PUBLIC HEARING NOTICE LAND USE PLAN AND ZONING ATLAS AMENDMENTS NOTE: All persons wishinQ to address an item need to be present at the BEGINNING of the Community Development Board meetinQ. Those cases that are not contested by the applicant. staff, neiQhborinQ property owners. etc. will be placed on a consent aQenda and approved by a sinQle vote at the beQinninQ of the meetinQ. The CIty of Clearwater, Flonda, proposes to adopt the follOWing ordinances: ORDINANCE NO. 7547-06 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY GENERALLY LOCATED ON CLEARWATER BEACH BETWEEN MANDALAY AVENUE AND THE GULF OF MEXICO BETWEEN KENDALL AND THE NORTH SIDE OF SOMERSET STREET EAST OF MANDALAY AVENUE IN THE OLD FLORIDA DISTRICT AS DESIGNATED BY BEACH BY DESIGN, THE SPECIAL AREA PLAN GOVERNING CLEARWATER BEACH FROM RESIDENTIAL HIGH TO RESORT FACILITIES HIGH; PROVIDING AN EFFECTIVE DATE. ORDINANCE NO. 7548-06 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN REAL PROPERTY GENERALLY LOCATED ON CLEARWATER BEACH BETWEEN MANDALAY AVENUE AND THE GULF OF MEXICO BETWEEN KENDALL STREET AND THE NORTH SIDE OF SOMERSET STREET EAST OF MANDALAY AVENUE IN THE OLD FLORIDA DISTRICT AS DESIGNATED BY BEACH BY DESIGN, THE SPECIAL AREA PLAN GOVERNING CLEARWATER BEACH FROM MEDIUM HIGH DENSITY RESIDENTIAL TO TOURIST; PROVIDING AN EFFECTIVE DATE. Schedule of Public Hearin~s: ** Contd from 11/15/05 to Tuesday, December 20,2005 before the Community Development Board, at 2:00 p.m. **Thursday, January 19,2006 before the City CounCil (1st Reading), at 6:00 p.m. **Thursday, February 02, 2006 before the City CounCil (2nd Reading), at 6:00 p.m. All public hearings on the ordinances will be held in CounCil Chambers, 3rd floor of City Hall, 112 South Osceola Ave, Clearwater, FlOrida. (City of Clearwater/A portion of the Old Florida District on Clearwater Beach) LUZ2005-10013 Interested parties may appear and be heard at the hearing or file written notice of approval or objection with the Planning Director or City Clerk prior to the hearing. Any person who deCides to appeal any decision made by the Board or Council, with respect to any matter considered at such hearings, will need to request a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and eVidence upon which the appeal IS to be based per FlOrida Statute 286.0105. Community Development Code Sec 4-206 states that party status shall be granted by the Board In quasI-Judicial cases If the person requesting such status demonstrates that s/he IS substantially affected. Party status entitles parties to personally testify, present evidence, argument and witnesses, cross-examine witnesses, appeal the deCision and speak on reconsideration requests, and needs to be requested and obtained dUring the case discussion before the CDB An oath will be administered swearing in all persons giVing testimony In quasi-judicial public hearing cases. If you wish to speak at the meeting, please wait to be recognized, then state and spell your name and provide your address. Persons without party status speaking before the COB shall be limited to three minutes unless an individual IS representing a group in which case the Chairperson may authorize a reasonable amount of time up to 10 minutes. The Community Development Board Will review the case and make a recommendation to the City Council for final disposition. Five days prior to the COB meeting, staff reports and recommendations on the above requests will be available for review by interested parties between the hours of 8:30 a m. and 4:30 p.m., weekdays, at the CIty of Clearwater, Planning Department, 100 S. Myrtle Ave., Clearwater, FL 33756. Please contact the Planning Department 562-4567 to diSCUSS any questions or concerns about the project and/or to better understand the proposal. Michael Delk Cynthia E. Goudeau, CMC , -'" Planning Director City Clerk City of Clearwater P.O Box 4748, Clearwater, FL 33758-4748 A COpy OF THIS AD IN LARGE PRINT IS AVAILABLE IN OFFICIAL RECORDS & LEGISLATIVE SERVICES. ANY PERSON WITH A DISABILITY REQUIRING REASONABLE ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING SHOULD CALL (727) 562-4093 WITH THEIR REQUEST. Ad: 10/30/05, 11/27/05, & 01/01/06 ~ ALBRECHT, YVETTE 16 ASHENDEN WALK FARNHAM COMMON BUCKS SL2 3UF 00009- UNITED KINGDOM KRAMER, TERESA A RADFORD, MAXWELL M 55 LAUREL ST CLEARWATER FL 33767 - 1106 CHARBONEAU, RENEE A PO BOX 914 BRANDON FL 33509 - 0914 PRESTON, MICHAEL G TRE 419 EASTSHORE DR CLEARWATER FL 33767 - 2028 P R M II INV CORP INC 584 BAY ESPLANADE CLEARWATER FL 33767 - 1613 HESS PROPERTIES II LLC 305 WINDWARD IS CLEARWATER FL 33767 - 2328 PENTHOUSE SHORES ASSN INC 661 POINSETTIA AVE CLEARWATER FL 33767 - 1561 NICHOLAS, JERRY 3002 STRAWBERRY RD #OFC PASADENA TX 77502 - 5230 LA RISA DEVELOPMENT CO LLC 880 MANDALA Y AVE # C-908 CLEARWATER FL 33767 - 1219 LEWINSKI, WOJCIECH LEWINSKI, HANNA 60 SOMERSET # 3 CLEARWATERFL 33767 -1543 ~ DEAN REAL ESTATE INV INC 647 BAY ESPLANADE CLEARWATER FL 33767 - 1617 KRAMER, TERESA A RADFORD, MAXWELL M 55 LAUREL ST CLEARWATER FL 33767 - 1106 CZIPRI, BRENDA K TRE 334 EAST LAKE RD STE 338 PALM HARBOR FL 34685 - 2427 DE BENEDITTIS, FRANK DE BENEDITTIS, NANCY 4602 104TH ST CORONA NY 11368 - 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1431 721 MANDA LAY AVE CLEARWATER FL 33767 - 1431 CLEARWATER FL 33767 - 1431 CHITRANEE-B INC KRITIKOS, EV A HENIGAR, ROBERT L 1003 BA Y ESPLANADE DEGAN, ALDO HENIGAR, INGRID S CLEARWATERFL 33767 - 1019 2115 MA YFLOWER BLVD 724 BRUCE AVE OAKVILLE ON L6H 4E6 00030- CLEARWATER FL 33767 - 1415 CANADA JOHNSON, GREGG C HARROD, HOW ARD ANDRESON,CONSTANCE JOHNSON, LILLIAN I HARROD, BETTY J 712 BRUCE AVE 720 BRUCE AVE 716 BRUCE AVE CLEARWATER FL 33767 - 1415 CLEARWATERFL 33767 -1415 CLEARWATER FL 33767 - 1415 SCHAMBER, PATSY TRE MILLHOUSE, DEAN A GARRIS, BERLE SR 708 BRUCE AVE GILL; SHARON R GARRIS, ANNE M CLEARWATER FL 33767 - 1415 704 BRUCE AVE 38 ACACIA ST CLEARWATER FL 33767 - 1415 CLEARWATER FL 33767 - 1403 TSAMBIS, MARY MAXWELL, GORDON W JR TRE CABLE, EILEEN B 34 ACACIA ST 733 MANDALA Y AVE HULSEN, GAIL P CLEARWATER FL 33767 - 1403 CLEARWATER FL 33767 - 1432 737 MANDALA Y AVE' CLEARWATER FL 33767 - 1432 ZIMMERMAN, MICHAEL K MC GOVERN, PAULINE CIUCEVICH, JOSEPH F III ZIMMERMAN, CANDY B 2107 MARIANNA ST 736 BRUCE AVE 741 MANDA LAY AVE TAMPA FL 33612 - 7555 CLEARWATER FL 33767 - 1418 CLEARWATER FL 33767 - 1432 GARCIA, WILLIAM JOHNSON, WILLIAM K RIV AIS, JOSEPH C JR GARCIA, ANITA JOHNSON, SUE A RIV AIS, JUDY H 2206 AVALON AVE 730 BRUCE AVE 737 BRUCE AVE JOLIET IL 60435 - 5420 CLEARWATER FL 33767 - 1418 CLEARWATER FL 33767 - 1419 -- HANS, FREDERIC FERGUSON, LOIS J THOMAS, DIANE B HANS, LYNNE 51 OLD TURNPIKE RD THOMAS, TERRY N 1929 RIVER SOUND DR OLDWICK NJ 08858 - 2 BIG BEAR LN KNOXVILLE TN 37922 - 5660 PALM COAST FL 32137 - 9356 WHITING, J RODGER JAMES, KRISTINE M DVORNIK, DONALD F HARRAH, HAROLD D 53 IRIS ST DVORNIK, SUSAN E 929 LANTANA AVE CLEARWATER FL 33767 - 1425 52 ASTER ST CLEARWATER FL 33767 - 1127 CLEARWATER FL 33767 - 1406 WOEMPNER, JOACHIM HARKINS, FRANCES E HORGAN, DANIEL B REINSTAEDTLER, DIETER 57 IRIS ST HORGAN, ROISIN A 55 IRIS ST CLEARWATER FL 33767 -1425 71 0 BA Y ESPLANADE CLEARWATER FL 33767 - 1425 CLEARWATER FL 33767 - 1408 PUTYRSKI, ANNE M SONDERMANN, WILFRIED & COMB, JEAN J 56 ACACIA ST HELGARD 287 PILGRIM CLEARWATER FL 33767 -1405 SONDERMANN, WILFRIED BEN BIRMINGHAM MI 48009 - 4610 52 ACACIA ST CLEARWATER FL 33767 - 1405 LOCKE, WILLIAM R NAPOLI, JOHN D DANIEL, HAROLD M 47 ACACIA ST 709 BRUCE AVE DANIEL, JANICE V CLEARWATER FL 33767 -1404 CLEARWATER FL 33767 - 1416 713 BRUCE AVE CLEARWATER FL 33767 - 1416 GLEASON, WILLIAM J BROUZET, THIERRYM GIRDLER, JEAN C TRE GLEASON, KRISTIN J 57 ASTER ST GIRDLER, NICHOLAS M TRE 53 ASTER ST CLEARWATER FL 33767 - 1407 732 BA Y ESPLANADE CLEARWATERFL 33767 -1407 CLEARWATER FL 33767 - 1410 SAGONIAS, NICK EST MURPHY, VICKI A MASTORIDES, NICHOLAS 235 OLD OAK CIR FALASKY, DOROTHY A MASTORIDES, LACEY PALM HARBOR FL 34683 - 5862 PO BOX 3505 2187 VIOLA DR CLEARWATER BEACH FL 33767 CLEARWATER FL 33764 - 3738 - 8505 WELPTON, MARY ELIZABETH WEYANT, JAMES RIll SAGONIAS; ST AMA TINA 462 MAIN ST STE 300 CARDONI-WEYANT, KRIST! A 235 OLD OAK CIR WATERTOWN MA 02472 - 2246 51 ACACIA ST PALM HARBOR FL 34683 - 5862 CLEARWATERFL 33767 -1404 LOCKE, WILLIAM R LEARY, EDWARD B JR TRE BUNDY, THOMAS C 47 ACACIA ST PMB 331 43 ACACIA ST CLEARWATER FL 33767 - 1404 30 JERICHO TPKE CLEARWATER FL 33767 - 1404 COMMACK NY 11725 - 3009 OSTROWSKI, JOZEF ZANET, PIETRO J FICKEL, TERRENCE L OSTROWSKI, RENATA ZANET, MICHELINA FICKEL, RANDALL L 39 ACACIA ST 5062 STOUFFVILLE RD RR#4 9917 ARCHER LN CLEARWATER FL 33767 - 1404 STOUFFVILLE ON L4A 7X5 DUBLIN OH 43017 - 7977 00030 - - - - - SMITH, MARK A W ELLS, DARCY LiTTLER, BRUCE C SMITH, CHARLENE S NALEY, STEPHEN LITTLER, CAROL A 701 BAY ESPLANADE 705 BAY ESPLANADE 711 BAY ESPLANADE CLEARWATER FL 33767 - 1409 CLEARWATERFL 33767 -1409 CLEARWATER FL 33767 - 1409 ROBERDS, ROGER 0 MERRIAM, RICHARD P BROWN, DEBRA P ROBERDS, ELEANOR A 717 BAY ESPLANADE GARRICK, EARL T 715 BAY ESPLANADE CLEARWATERFL 33767 -1409 723 BA Y ESPLANADE CLEARWATER FL 33767 - 1409 CLEARWATER FL 33767 - 1409 GALASSO, MICHAEL MARTUCCI, MICHAEL OHLEYER, SUSAN TRE GALASSO, DA WN MARTUCCI, ELIZABETH 733 BAY ESPLANADE LAND 727 BA Y ESPLANADE AVE 731 BAY ESPLANADE TRUST CLEARWATER FL 33767 - 1409 CLEARWATERFL 33767 -1437 2445 TAMPA RD STE B PALM HARBOR FL 34683 - 5849 STAUTZ, BETSY H HUPP, ANDREW J MENNA, ARMELIA 739 BA Y ESPLANADE HUPP, LILY 755 BA Y ESPLANADE CLEARWATER FL 33767 - 1437 745 BAY ESPLANADE CLEARWATER FL 33767 - 1412 CLEARWATER FL 33767 - 1437 WILLIAMS, CHRISTIAN J BROWNE, PATRICK T COYNE, JAMES P 729 BRUCE AVE 727 BRUCE AVE 190 HYATT AVE CLEARWATER FL 33767 - 1417 CLEARWATER FL 33767 - 1417 YONKERS NY 10704 - 3601 JENSEN, ERIKA H TRE 723 BRUCE AVE CLEARWATER FL 33767 - 1417 LINDBLOM, TIMOTHY ROBKE, MOLLY 721 BRUCE AVE CLEARWATERFL 33767 -1417 DORMADY, DONALD R 26 EDINBORO eIR CHALFONT PA 18914 - 2262 DORMADY, DONALD 26 EDINBORO CIR CHALFONT PA 18914 - 2262 BONNINGTON, ROSEMARIE S BONNINGTON, ALEXANDER D 732 BAY ESPLANADE CLEARWATER FL 33767 - 1410 FURNISS, J STEVEN FURNISS, ROBIN Z 730 BAY ESPLANADE CLEARWATER FL 33767 - 1410 GALLAGHER, PATRICKJ GALLAGHER, BEVERLY B 726 BAY ESPLANADE CLEARWATER FL 33767 - 1410 CDB Date: Case Number: Owner/Applicant: Representative: Address: December 20, 2005 LUZ2005-10013 City of Clearwater Planning Department Sharen J arzen, Planning Department Staff Old Florida District Sign Posting Acknowledgement I hereby acknowledge receiving a notification sign to post on the property I own and/or represent that is undergoing either an annexation, land use plan amendment and/or rezoning, and will post the sign on the subject property so that it is readable from the most significant adjacent road a minimum of 15 days before the Public Hearing. 5 h a ('~ T O-.rz.-elr-- Print Name \ ~ -;} -O~ Date oIM~ . Sign Name ~ Posting Date - No Later Than: Public Hearing Dates - CDB: 12-20-2005 12-05-2005 CC: 01-19-2006 CC: 02-02-2006 -. .............-..... / -"'-'< //~ -.. / ....,..-, ,../ / Northwest Corner of Avalon Street and Mandalay Avenue Documentation of Sign Postings Signs Posted on December 2, 2005 Photos Taken on December 5, 2005 LUZ2005-10013 Southwest Corner of Heilwood Street and Mandalay Avenue ~\ Southwest Corner of Idlewild Street and Mandalay Avenue ~/ I. // e/ Northeast Comer of Mandalay A venue and Somerset Street Southwest Comer of Cambria Street and Mandalay Avenue ------- Northwest Comer of Somerset Street and Bay Esplanade Sign Postings #) LUZ2005- 10013 Northwest Comer of Glendale Street and Mandalay Avenue t CITY OF CLEARWATER PUBLIC HEARING NOTICE LAND USE PLAN AND ZONING ATLAS AMENDMENTS NOTE: All persons wishinq to address an item need to be present at the BEGINNING of the Community Development Board meetinq. Those cases that are not contested by the applicant. staff. neiqhborinq property owners. etc. will be placed on a consent aqenda and approved by a sinqle vote at the beqinninq of the meetinq. The City of Clearwater, Florida, proposes to adopt the follOWing ordinances: ORDINANCE NO. 7547-06 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY GENERALLY LOCATED ON CLEARWATER BEACH BETWEEN MANDALAY AVENUE AND THE GULF OF MEXICO BETWEEN KENDALL AND THE NORTH SIDE OF SOMERSET STREET EAST OF MANDALAY AVENUE IN THE OLD FLORIDA DISTRICT AS DESIGNATED BY BEACH BY DESIGN, THE SPECIAL AREA PLAN GOVERNING CLEARWATER BEACH FROM RESIDENTIAL HIGH TO RESORT FACILITIES HIGH; PROVIDING AN EFFECTIVE DATE. ORDINANCE NO. 7548-06 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN REAL PROPERTY GENERALLY LOCATED ON CLEARWATER BEACH BETWEEN MANDALAY AVENUE AND THE GULF OF MEXICO BETWEEN KENDALL STREET AND THE NORTH SIDE OF SOMERSET STREET EAST OF MANDALAY AVENUE IN THE OLD FLORIDA DISTRICT AS DESIGNATED BY BEACH BY DESIGN, THE SPECIAL AREA PLAN GOVERNING CLEARWATER BEACH FROM MEDIUM HIGH DENSITY RESIDENTIAL TO TOURIST; PROVIDING AN EFFECTIVE DATE. Schedule of Public Hearinas: Tuesday, November 15, 2005 before the Community Development Board, at 1.00 p.m. Thursday, December 15,2005 before the City Council (1st Reading), at 6:00 p.m. Thursday, January 19,2006 before the City Council (2nd Reading), at 6:00 p.m. All public hearings on the ordinances Will be held in Council Chambers, 3rd floor of City Hall, 112 South Osceola Ave, Clearwater, FlOrida. (City of ClearwaterlA portion of the Old Florida District on Clearwater Beach) LUZ2005-10013 Interested parties may appear and be heard at the hearing or file written notice of approval or objection With the Planning Director or City Clerk prior to the hearing. Any person who decides to appeal any decision made by the Board or Council, with respect to any matter considered at such hearings, Will need to request a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings IS made, which record Includes the testimony and evidence upon which the appeal is to be based per Florida Statute 286.0105. Community Development Code Sec 4-206 states that party status shall be granted by the Board In quasI-Judicial cases If the person requesting such status demonstrates that s/he IS substantially affected. Party status entitles parties to personally testify, present eVidence, argument and witnesses, cross-examine Witnesses, appeal the deciSion and speak on reconsideration requests, and needs to be requested and obtained dUring the case diSCUSSion before the cDB. An oath Will be administered swearing in all persons giVing testimony In quasI-Judicial public hearing cases. If you Wish to speak at the meeting, please wait to be recognized, then state and spell your name and proVide your address. Persons without party status speaking before the cDB shall be limited to three minutes unless an individual IS representing a group in which case the Chairperson may authOrize a reasonable amount of time up to 10 minutes. The Community Development Board Will review the case and make a recommendation to the City Council for final disposition. Five days prior to the COB meeting, staff reports and recommendations on the above requests Will be available for review by interested parties between the hours of 8.30 a.m. and 4:30 p.m., weekdays, at the City of Clearwater, Planning Department, 100 S Myrtle Ave, Clearwater, FL 33756. Please contact the Planning Department 562-4567 to discuss any questions or concerns about the project and/or to better understand the proposal. Michael Delk Planning Director Cynthia E. Goudeau, CMC City Clerk 1-- r, City of Clearwater P.O Box 4748, Clearwater, FL 33758-4748 A COPY OF THIS AD IN LARGE PRINT IS AVAILABLE IN OFFICIAL RECORDS & LEGISLATIVE SERVICES. ANY PERSON WITH A DISABILITY REQUIRING REASONABLE ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING SHOULD CALL (727) 562-4093 WITH THEIR REQUEST. Ad: 10/30/05, 11/27/05, & 01/01/06