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Clearwater Comprehensive Plan - Issues of Concern Regarding the Legg Mason Proposal , (bfO mf~ /lAASh'LiJfJ:l00T2JdcL ~ 1J'ltJLr-. '7/1&/(J5 [fp) l) Clearwater Comprehensive Plan Issues of Concern Regarding the Legg Mason Proposal FLD2008-02002 - 1590 Gulf Blvd. J CONSERVATION ELEMENT 25.6 Objective - jfhe City shall continue to protect beaches, sand dunes, and dune vegetation for their natural function and for their recreational oQen sQac~ t -- uses! --- Policies 25.6.1 Motor vehicles shall be prohibited from parking on all City beaches. 25.6.2 Unauthorized motor vehicles shall be prohibited from operating on the City's beaches and dunes. 25.6.3 Development and/or construction of any structures shall not be built seaward bf the Coastal Construction Control line, unless approved by the Florida' bepartment of Environmental Protection and the City of Clearwater} I . '25.6.4 Beach and beach dunes shall not be disturbed or destroyed by an'l form ot bonstruction or development with the exception of wooden boardwallf hructures which Qrovide access to and from beach areasJ 25.6.5 All beaches, dunes, and associated vegetation shall be protected by local ordinance. Je5.6.6 Shoreline development shall be prohibited from obstructing views of the 'Gulf of Mexico, Clearwater Harbor and Old TamQa Ba'[ where public access ir ~esignated.! - COMMENT: It is critical to note that a formal City public sidewalk access lies abutting along this entire project site on the South. vi j Conservation Needs Summary . irhe Qrotection, maintenance, and continued management of Clearwater's shorelines, especially its barrier island beach shorelines, is critical. These areas provide an important social and economic function as these natural resources for Clearwater's tourism industry. Clearwater Beach~ Sand Key', and the geographic proximity to Caladesi Island State Park are some of the JiiOSt'imQortant and unigue resources the City. Qossesses~ . 'Xl Scenic vistas shall remain designated as "scenic non-commercial corrido,;;." ~~ are specifically: Memorial Causewa~; Edgewater Drive; Courtney CamQbell I ~ '----" parkwa'i; Gulf ~oulevardJ Bayshore Boulevard; and Belleair Road between U.s. Highway 19 and Belcher Road. COMMENT: I believe this ties into again the desire to further intensify - by many fold - a Commercial operation on what is designated a non-commercial corridor. Some scenic non- commercial corridors on the main land in the County and City have not remained in this directed character. However, this area of Gulf Blvd. is solely residential. GOALS, OBJECTIVES AND POLICIES; FUTURE LAND USE 1.1.1 ~ny permanent and temporary alteration of DeQartment of Environmental ~ction (D.E.p.Uurisdictiona~non-jurisdictional wetlands, peach duner sensitive soils, or other natural systems ~all be prohibited unless such alter~ is fully consistent with all local, state, and federal regulations, mitigation and h,anagement Qlans, and QermittingJ~rocedures that may' be ap-Qlicable', including the wetland vegetative buffer requirement of the City's Community Development Code. COMMENT: I find it personally objectionable that it appears that the applicant may be seeking to not include improvements past approximately 49' from the CCCL Line in all plans submitted to the City. It appears to me that the City has a right to review, comment and make a recommendation of those plans. Further, it is believed that the requested 0' set back appears to not be in line with this element. FUTURE LAND USE ELEMENT ~ 3.2.3 tommercialland uses shall be located at the intersection of arterial or COI~ streets and should be sited in such a way' as to minimize the intrusion of off-site !!nQacts into residential neighborhoodsJ New plats and site plans shall discourage the creation of "strip commercial" zones by insuring that adequate lot depths are maintained and by zoning for commercial development at major intersections. COMMENT: The project is not located as indicated above. It is not located at any intersection. The obvious purpose of this element, in my mind, is that more impacting uses are located at points that can support the use and not be harmed by their activities. Further, the concern of commercial impacts is a serious liveable issue to this residential neighborhood, as supported by the recent City Commission vote not allowing higher hotel density specifically on Commercially . zoned parcels. These concerns are further raised by the applicant seeking significantly more impacts to the site, including an approximate 137 seat restaurant, 38 room hotel, bus and boat shuttles, the approximate 260% increase in height (and use...) and strong attractions for the general public above and beyond hotel guests. What is planned for the site far exceeds any ability whatsoever, in my opinion, to minimize any intrusions. COASTAL MANAGEMENT ELEMENT 23.1.2 pevelopment applications shall be reviewed to ensure that proposed,nevJ. ~evelopment or redevelopment will not encroach on or remove wetlands Q.!i . I . .- beaches. New development and redevelopment shall be gUided away from bnvironmentally- sensitive areas and into those most able to withstand imp-~cts' COMMENT: I have been informed by Nicole Elko, in the Pine lias County's Coastal Management Department, that the CCCL line is located 20' Gulfward of the Ultimar project (to the North of the project site and Cabana Condo's) and 10' Gulfward of the Dan's Island project (to the South of the project site). She communicated that before the last beach renourishment, waves were hitting against the Dan's island CCCL line. It appears that the proposal by Legg Mason would obviously have problems with that circumstance. The proposed zero foot setback, and the approximate 49' Gulfward proposal, and as I understand, a then proposed elevated structure, would literally be, in my opinion, so out of character, so far beyond what is present on Sand Key and that it could literally be termed a monstrosity. J 23.2.2 The sp-ecific and cumulative imp-acts of develo~ment and redevelopment u~ori wetlands, water quality, water quantity, wildlife habitat, and beach and dun~ systems shall be limited by: strict maintenance of existing setbac~ ~equirementsl adherence to storm water detention requirements, retaining all ~ublicl'l owned natural habitats in their undevelop-ed state and transfer of - development rights.