REZ2008-07007, 2855 GULF TO BAY BLVD - Continued from September 16, 2008 to October 21, 2008 - REVISEDCDB Meeting Date: September 16, 2008
Case Number: REZ2008-07007
Addresses: 2855 Gulf to Bay Boulevard
Agenda Item: F-2
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
BACKGROUND INFORMATION
OWNER/APPLICANT: BVG Acquisition, Inc.
REPRESENTATIVE: Katherine E. Cole, Esq.; Johnson, Pope, Bokor, Ruppel &
Burns, LLP (911 Chestnut Street, Clearwater, FL 33756)
LOCATION: 28.35 acres more or less, located approximately 150 feet
south of Gulf to Bay Boulevard between Cross Street (east)
and Sky Harbor Drive (west).
REQUEST: Rezoning from the Medium Density Residential (MDR)
District to the Medium High Density Residential (MHDR)
SITE INFORMATION
PROPERTY SIZE:
1,234,926 sq ft or 28.35 acres mol
DIMENSIONS OF THE
PROPERTY: Irregular (approximately 1,250 feet deep)
PROPERTY USES:
Current Uses: Detached Dwellings (Independent Living Units) and
Assisted Living Facility
Proposed Uses: Detached Dwellings (Independent Living Units), Assisted
Living Facility and Nursing Home [Life Care Center]
PLAN CATEGORY:
Current Category: Residential Medium (RM)
Proposed Category: Residential Medium (RM)
ZONING DISTRICT:
Current District: Medium Density Residential (MDR)
Proposed District: Medium High Density Residential (MHDR)
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EXISTING
SURROUNDING USES:
ANALYSIS:
North: Restaurants and Retail Sales
South: Mobile Home Park and Old Tampa Bay
East: Detached dwellings
West: Mobile Home Park and Clearwater Mall
This rezoning application involves 28.35 acres of property owned by BVG Acquisition, Inc. The
subject property is located approximately 150 feet south of Gulf to Bay Boulevard between Cross
Street (east) and Sky Harbor Drive (west). It is occupied by Bayview Gardens, which includes
229 attached dwellings (independent living units) and 94 assisted living facility beds. The
property has a Future Land Use Plan (FLUP) category of Residential Medium (RM) and is zoned
Medium Density Residential (MDR). The applicant is requesting to rezone the property to the
Medium High Density Residential (MHDR) District in order to redevelop the site into a life care
center consisting of 229 attached dwellings (independent living units), 170 assisted living facility
beds and 40 skilled nursing beds (see companion case FLD2008-05012). Nursing homes are not
permitted in the current Medium Density Residential (MDR) zoning district.
The underlying Residential Medium (RM) future land plan use category allows 15 units per acre.
Independent living units are considered dwellings for the purposes of density calculations.
Assisted living facilities and nursing homes are considered residential equivalent uses and for the
purposes of calculating density, 3.0 beds are equal to one dwelling unit. Since the land use
designation of the property is not changing, the maximum allowable density of the site is not
changing (425 dwelling units or 1275 beds or some combination thereof). The proposed
redevelopment of the site will result in a total of 299 units [229 dwelling units (independent units)
and 210 assisted living and nursing beds (which is equal to 70 units)].
The maps attached to the staff report illustrate the site boundaries with a red outline, which is
based on the property survey. The City's base maps show the existence of some upland to the
south of the outlined property. The base maps are inconsistent with the property survey and the
Engineering Department will correct the discrepancies.
L CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN [Section 4-602.F.1]
Recommended Findings of Fact
Applicable Goals, Objectives and Policies from the Clearwater Comprehensive Plan in support of
the proposed rezoning are as indicated below:
3.2.1 Policy - Land Uses on the Comprehensive Land Use Plan Map shall generally be
interpreted as indicated in the following table. The intensity standards listed in the table
(FAR - floor area ratio; ISR - impervious surface ratio) are the maximum allowed for each
plan category, except where otherwise permitted by special area plans or redevelopment
plans approved by the City Commission. Consequently, individual zoning districts, as
established by the City's Community Development Code, may have more stringent intensity
standards than those listed in the table but will not exceed the maximum allowable intensity
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REZ2008-07007 - Page 2 of 7
of the plan category, unless otherwise permitted by approved special area plans or
redevelopment plans.
Excerpt from Table
MAX. DENSITY/
PRIMARY CONSISTENT
PLAN INTENSITY PER
USES PER PLAN ZONING
CLASSIFICATION PLAN
CATEGORY DISTRICTS
CATEGORY
Medium Density Residential
Residential Medium Medium Density 15 Dwelling
(MDR); Medium High Density
(RM) Residential Units Per Acre
Residential (MHDR);
16. 1.1 Policy - Maintain sufficient residentially zoned acreage, of varying densities and locations,
to accommodate the existing and future housing needs of the City of Clearwater.
Recommended Conclusions of Law
As stated earlier, the property has a future land use plan designation of Residential Medium (RM).
The Clearwater Comprehensive Plan and Community Development Code specifies that the
proposed Medium High Density Residential (MHDR) zoning district is consistent with the
Residential Medium (RM) category. The Medium High Density Residential (MHDR) District
provides a wider range of residential equivalent uses to be accommodated on this property and
enables a continuum of care to be provided in the proposed redevelopment. The Medium High
Density Residential (MHDR) District is located adjacent to the west of the site and is consistent
with the commercial and residential categories found to the north and east. The proposed
rezoning is therefore consistent with the Clearwater Comprehensive Plan.
II. COMPATIBILITY WITH SURROUNDING PROPERTY/CHARACTER OF THE
CITY & NEIGHBORHOOD [Sections 4-602.F.2, 4-602.F.3 & 4-602.F.4]
Recommended Findings of Fact
Gulf Boulevard Corridor
Gulf to Bay Boulevard is a six-lane roadway with a center turn lane, which carries vehicular traffic
between Tampa and Clearwater Beach. The surrounding area is characterized by commercial and
residential uses. The area has a mixture of commercial and residential plan categories that allow
for 15 (Residential Medium) to 30 (Residential High) dwelling units per acre.
Immediately to the north of the subject property is retail sales and service, restaurants, a nursing
home and a church. The property has zoning designations of Commercial (C) and Institutional (I)
with underlying future land use plan designations of Commercial General (CG) and Institutional
M.
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To the east are detached dwellings, Medium Density Residential (MDR) zoning and a Residential
Medium (RM) future land use plan category. To the south of the subject property is Old Tampa
Bay.
To the west is a nursing home, fire station, Clearwater Mall and a mobile home park. There are
zoning designations of Institutional (I), Office (O), and Mobile Home Park (MHP) and future land
use plan categories of Institutional (I) Commercial General (CG), Residential Office General
(R/OG), and Residential Low Medium (RLM).
Section 2-401 of the Community Development Code, titled "Intent and purpose" states:
The intent and purpose of the Medium High Density Residential District ("MHDR") is to
protect and preserve the integrity and value of existing, stable residential neighborhoods of
medium high density while at the same time, allowing a careful and deliberate
redevelopment and revitalization of existing neighborhoods in need of revitalization or
neighborhoods with unique amenities which create unique opportunities to increase
property values and the overall attractiveness of the City.
Recommended Conclusions of Law
The proposed rezoning is compatible with the surrounding residential, commercial, and
institutional uses. The proposed MHDR zoning district will be in character with the surrounding
properties and is consistent with the surrounding zoning. Furthermore, the existing use of the site
is consistent with the requirements of the proposed MHDR District and will enable the
revitalization of this site.
III. SUFFICIENCY OF PUBLIC FACILITIES [4-602.F.5]
Recommended Findings of Fact
As stated earlier, this rezoning application involves 28.35 acres of property. Based on a maximum
allowable density of 15 dwelling units per acre in the existing Residential Medium (RM) category
and proposed Medium High Density Residential (MHDR) zoning district, the property could
support 425 dwellings units/1,275 beds. The proposed redevelopment of the site will result in a
total of 299 units [229 dwelling units (independent living units) and 210 assisted living and
nursing beds (which is equivalent to 70 units)].
Roadways
Specific uses in the current and proposed zoning districts have been analyzed for the number of
vehicle trips that could be generated based on the Institute of Transportation Engineer's Manual,
as well as the specific proposal submitted in the companion case FLD2008-05012 (see agenda
item F.1).
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Existing M DR District
As Currently Developed
Continuing Care
Retirement 323 living
Community(1) accommodations
(2.91 trips/ (229 units + 94
accommodation) beds) 940 N/A 0.29 94 N/A
Existing MDR District
Maximum Development Potential
Residential Units(2)
(5.86 trips/unit) 425 units(3) 2,490 N/A 0.52 221 127
Assisted Living
Facility(4)
(2.74 trips/bed) 1,275(5) 3,493 N/A 0.38 484 390
Proposed NJ H DR District
Proposed Development
Continuing Care
Retirement 43 9 living
Community(1) accommodations
(2.91 trips/ (229 units + 170
accommodation) beds + 40 beds) 1277 N/A 0.29 127 33
Proposed M H DR District
Maximum Development Potential
Residential Units(2)
(5.86 trips/unit) 425 units(3) 2,490 0 0.52 221 127
Assisted Living
Facility(4)
(2.74 trips/bed) 1,275(5) 3,493 N/A 0.38 484 390
(1) Institute of Transportation Engineer's Trip Generation 7"' Edition Land Use 255, Continuing Care Retirement
Community - traffic generation is based on the total living units (units, rooms and beds) - not based on units as
determined by the City's method for calculating density for residential equivalent uses.
(2) Institute of Transportation Engineer's Trip Generation 7"' Edition Land Use 230, Res. Condo/Townhouse
(3) Total dwelling units per acre permitted by the underlying Residential Medium (RM) future land use category of 15
units per acre - 15 x 28.35 acres = 425 units.
(4) Institute of Transportation Engineer's Trip Generation 7"' Edition Land Use 254, Assisted Living - traffic
generation is based on the number of occupied beds - not based on units as determined by the City's method for
calculating density for residential equivalent uses.
(5) Total beds permitted by the underlying Residential Medium (RM) future land use category - 425 maximum
allowable units x 3 beds = 1275 beds.
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The 2007 Transportation Level of Service (LOS) manual from the Pinellas County Metropolitan
Planning Organization assigned the Gulf to Bay Boulevard segment between Sky Harbor Drive
and Hampton Road a LOS of F. This proposed rezoning does not alter the maximum
development potential of the site, however, it does expand the available allowable uses to include
nursing homes and residential shelters. The site is currently developed with independent and
assisted living units and is not developed to the maximum allowed. The proposed redevelopment
will expand the number of assisted living facility units and add nursing beds as well but will not
approach the maximum allowed by the current future land use category. Based on the ITE Trip
Generation Manual the proposed redevelopment of the site will result in an increase of 33 PM
Peak trips compared to the existing development. This increase is minor and will not negatively
impact the LOS for Gulf-to-Bay Boulevard. In the event the site is redeveloped with either
residential uses or a development with more residential equivalent uses than proposed, a traffic
study would need to be submitted at the time of site plan review to ensure that transportation
concurrency requirements are met.
Mass Transit
The Citywide LOS for mass transit will not be negatively affected by the proposed zoning atlas
amendment. The total miles of fixed route service will not change; the subject site is located
along an existing transit route and headways are less than or equal to one hour.
Water
As no change is proposed to the underlying future land use designation, the proposed rezoning
will not impact the City's current LOS for water. Although redevelopment may generate a
greater demand for water, the City has adequate capacity to serve any increases.
Wastewater
As no change is proposed to the underlying future land use designation, the proposed rezoning
will not impact the City's current LOS for wastewater. Although redevelopment may create more
wastewater the City has adequate capacity to serve any increases.
Solid Waste
As no change is proposed to the underlying future land use designation, the proposed rezoning
will not impact the City's current LOS for solid waste disposal. Although redevelopment may
create additional solid waste, the City has adequate capacity to serve any increases.
Recreation and Open Space
impact fees may be required. This fee is addressed through the site plan process and any required
payment would be due prior to the issuance of building permits.
Recommended Conclusions of Law
Based upon the findings of fact, it has been determined that the traffic generated by this rezoning
will not negatively impact the existing LOS to the surrounding road network. Further, there is a
minimal impact to water, wastewater and solid waste service. Open space and recreation facilities
and mass transit will not be affected by the proposed zoning atlas amendment.
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IV. LOCATION OF DISTRICT BOUNDARIES [Section 4-602.F.6.]
Recommended Findings of Fact
The location of the proposed Medium High Density Residential (MHDR) District boundaries is
logical. It is compatible with the adjacent zoning districts located to the immediate north, east,
and west and to the south is Old Tampa Bay. The district boundaries are appropriately drawn in
regard to location and classifications of streets, ownership lines, existing improvements and the
natural environment.
Approval of this zoning atlas amendment does not guarantee the right to develop on the
subject property. Transportation concurrency must be met, and the property owner will have to
comply with all laws and ordinances in effect at the time development permits are requested.
SUMMARY AND RECOMMENDATION:
An amendment of the zoning atlas from the Medium Density Residential (MDR) District to the
Medium High Density Residential (MHDR) District for the subject property is requested. The
property exceeds the minimum lot area and lot width requirements for attached dwellings, an
assisted living facility and a nursing home. The proposed rezoning is compatible with the existing
neighborhood and is compatible with the existing future land use category and reflects the current
use of the property.
The proposed Medium High Density Residential (MHDR) District is consistent with the City
Comprehensive Plan, is compatible with the surrounding area, does not conflict with the needs
and character of the neighborhood and City, does not require nor affect the provision of public
services, and the boundaries are appropriately drawn.
Based on the above analysis, the Planning Department recommends APPROVAL of the
following action on the request:
Amend the zoning atlas designation of 2855 Gulf to Bay Boulevard from the Medium
Density Residential (MDR) District to the Medium High Density Residential (MHDR)
District.
Prepared by Planning Department staff:
Michael H. Reynolds, AICP, Planner III
Attachments:
Application
Location Map
Aerial Photograph
Future Land Use Map
Zoning Map
Existing Surrounding Uses Map
Site Photographs
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