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FLD2008-05012, 2855 GULF TO BAY BLVD - October 21, 2008 - AMENDED STAFF REPORTCDB Meeting Date Case Number: Agenda Item: Owner/Applicant: Representative: Address: October 21, 2008 FLD2008-05012 D2 BVG Acquisition Inc. Marc Mariano and Bryan Zarlenga, Tampa Bay Engineering Group Inc. 2855 Gulf-to-Bav Boulevard CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT GENERAL INFORMATION: REQUEST: Flexible Development approval for the redevelopment of the overall 31.12 acre-property zoned Commercial (C) District, Office (O) District and proposed Medium High Density Residential (MHDR) District (companion rezoning Case No. REZ2008-07007) to permit a total of 229 attached dwellings (Independent Living Units) (73 units existing to remain; 156 units proposed), a total of 40 nursing home beds (proposed) and a total of 170 beds of assisted living facility (94 beds existing to remain; 76 beds proposed); (A) In the Commercial (C) District with a lot area of 2.45 acres, a lot width of 200 feet along Gulf to Bay Boulevard (north) and a total of 210 feet along Cross Blvd, a front (north) setback along Gulf to Bay Blvd of four feet (to existing sign) and 28 feet (to existing pavement), a front (east) setback along Cross Blvd of one-foot (to existing pavement), a front (north) setback along Cross Blvd of 25 feet (to proposed guardhouse), a side (east) setback of five feet (to existing pavement), a side (west) setback of two feet (to existing pavement), a side (north) setback of zero feet (to existing pavement) and a building height of 81 feet (to roof deck of existing assisted living facility building), as a Comprehensive Infill Redevelopment Project in the Commercial (C) District, under the provisions of Section 2-704.C; (B) In the proposed Medium High Density Residential (MHDR) District with a lot area of 28.33 acres, a lot width along Sky Harbor Drive of 282 feet, a reduction to the front (west) setback along Sky Harbor Drive from 25 to 21 feet (to existing building), a reduction to the side (east) setback from 10 to five feet (to existing pavement), a reduction to the side (west) setback at the southeast corner of the adjacent nursing home parcel from 10 to five feet (to proposed pavement), an increase to building height from 30 to 82 feet (to top of roof of proposed building) and a reduction to the required number of parking spaces from 583 to 426 parking spaces, as a Residential Infill Project under the provisions of Section 2-304.G; and (C) Reductions to perimeter buffers along Cross Blvd (east) from 10 feet to one-foot (to existing pavement), along the east side from seven to five feet (to existing pavement), along the west side from five to two feet (to existing pavement), along the north side from 10 feet to zero feet (to existing pavement) and at the southeast corner of the adjacent nursing home parcel from 10 feet to five feet (to proposed pavement), as a Comprehensive Landscape Program under the provisions of Section 3- Community Development Board - October 21, 2008 FLD2008-05012 - Page 1 of 1 1202.G. CURRENT ZONING: Commercial (C) District, Office (O) District and Medium Density Residential (MDR) District (proposed to be rezoned to Medium High Density Residential [MHDR] District under Case No. REZ2008-07007) CURRENT FUTURE Commercial General (CG), Residential/Office General (R/OG) and LAND USE CATEGORY: Residential Medium (RM) PROPERTY USE: Current Use: 229 Attached Dwellings (Independent Living Units) and a 94-bed Assisted Living Facility Proposed Use: 229 Attached Dwellings (Independent Living Units) (73 units existing to remain; 156 units proposed), a total of 40 Nursing Home beds (proposed) and a total of 170 beds of Assisted Living Facility (94 beds existing to remain; 76 beds proposed) EXISTING North: Commercial (C) District SURROUNDING Retail sales, restaurant and automobile service station uses ZONING AND USES: South: N/A Water (Tampa Bay) East: Commercial (C) and Medium Density Residential (MDR) Districts Restaurant, detached dwelling and vacant land West: Commercial (C), Medium High Density Residential (MHDR), Institutional (1) and Mobile Home Park (MHP) Districts Retail sales, nursing home, fire station and mobile home uses TTPn A TF. Due to an advertising error, the CDB continued this application from the September 16, 2008, to the October 21, 2008, CDB meeting. ANAT.VCTC- Site Location and Existing Conditions: The 31.12 total acres is generally located at 2855 Gulf-to-Bay Boulevard (south side of Gulf-to-Bay Boulevard between Cross Boulevard [east] and Sky Harbor Drive [west]). The overall site has three zoning districts, including 2.45 acres in the northeast corner of the site adjacent to Cross Boulevard zoned Commercial (C) District, 0.34 acres in the northwest corner of the site adjacent to Sky Harbor Drive zoned Office (O) District and the remaining 28.33-acres zoned Medium Density Residential (MDR) District. The area that is zoned C District is currently developed with an eight-story, 94-bed Assisted Living Facility (ALF) that will not be changed with this proposal. The area zoned O District is currently vacant land and the balance of the site, currently zoned MDR District, is developed with 62 single-story, attached dwelling buildings with a varying number of units in each building (total of 229 units) that have existed since the mid-1960's. The site is heavily wooded. On December 14, 2001, the Community Development Board (CDB) approved Case No. FL 01-10-33, a request to Terminate the Status of Nonconformity for the existing 94-bed ALF in the northeast corner of the subject property. The owners had anticipated selling off the northeast 2.45 acres with this ALF to a separate entity (which has not occurred). Community Development Board - October 21, 2008 FLD2008-05012 - Page 2 of 2 The adjacent HarbourWood Nursing Home was originally part of the subject property and has the same address as the subject property (2855 Gulf-to-Bay Boulevard). On April 21, 1994, City Council approved a Zoning Atlas Amendment (Case Number Z94-02) to Multiple-Family Residential "Sixteen" (RM-16) for this 2.71-acre area to increase the allowable density to permit the construction of a 120-bed nursing facility at this site. On January 5, 1996, the final site plan for Bayview Nursing Pavilion was approved which reflected the amended zoning district. Since then this facility functioned and operated with the approved density. With the adoption of the Community Development Code in January 21, 1999, the RM-16 zoning district was reclassified as the MDR District. The MDR District does not specifically authorize nursing homes as an allowable use in the District. As a result, the Bayview Nursing Pavilion became a nonconforming use. Intending to sell the nursing home to a separate entity, the owners requested a rezoning of the 2.71-acre area from MDR District to MHDR District for the purpose of having the nursing home as a conforming use (permitted in the MHDR District) under Case No. Z 01-05-01. This was subsequently rezoned by City Council and later sold to a separate entity. Since this nursing home (now the HarbourWood Nursing Home) does not front on a public road, the nursing home is accessed by an access easement. There are also other easements that provide for utilities and drainage, as well as for signage at the entrance on Sky Harbor Drive. Those properties immediately adjacent to the north that are on the south side of Gulf-to-Bay Boulevard are zoned C District and are developed with a restaurant and retail sales uses. The property immediately west of the ALF building is zoned C District and is currently vacant. Properties to the north across Gulf-to-Bay Boulevard are zoned C District and are developed with a variety of commercial uses, including restaurants, retail sales, an automobile service station and vehicle sales. The property to the east across Cross Boulevard is developed with a restaurant adjacent to Gulf-to-Bay Boulevard (zoned C District). The balance of the adjacent property to the east is zoned MDR District and is primarily vacant, but does include three detached dwellings close to the water. Properties to the west are developed with retail sales uses (Clearwater Mall; zoned C District), a City Fire Station (zoned Institutional (1) District) and a mobile home park (zoned Mobile Home Park (MHP) District). Development Proposal: The proposal is to redevelop the site by replacing 44 of the existing 62 attached dwelling buildings with a new, state-of-the-art building that will provide high quality adult living services to its residents. The existing eight-story, 94-bed ALF building in the northeast corner of the site (zoned C District) will be retained, as well as 18 of the existing attached dwelling buildings containing 73 units along the northern and western portions of the site. These existing buildings to be retained as part of this development proposal may be replaced in the future, but any future proposal will need to meet Codes in effect at that future time. The proposal includes the construction of a new building that will have 138 attached dwelling units, 76 ALF beds and 40 nursing home beds. The majority of the property is currently zoned MDR District, which does not permit nursing home uses. In order to permit the inclusion of the 40 nursing home beds within the new building, the applicant is requesting to rezone the area from MDR District to MHDR District, which permits nursing home uses (Case No. REZ2008-07007). The development proposal includes a side setback reduction for that portion of the property requested to be rezoned to MHDR District along the east property line from 10 feet to five feet (to existing pavement) and on the west side at the southeast corner of the adjacent nursing home parcel from 10 to five feet (to proposed pavement). The proposal also includes a height increase from 30 to 82 feet for the new building and the construction of a total of nine duplex attached dwelling buildings along the southern portion of the site closer to the water (six duplex buildings) and just south of the existing ALF building (three duplex buildings). These duplex buildings will provide residents with the highest level of independent living and will include garage parking. Community Development Board - October 21, 2008 FLD2008-05012 - Page 3 of 3 The development proposal further includes the retention of the vehicular circulation pattern through the private drives generally as they presently exist, the gating of the property with a manned entry gate south of Cross Boulevard and the installation of gates on Cross Circle to the south of the HarbourWood Nursing Home and north of the drive that goes out to Sky Harbor Drive, as well as the relocation of Loving Lane from south of the HarbourWood Nursing Home, where it presently exists on the HarbourWood Nursing Home property, to south of the HarbourWood Nursing Home property. The development proposal's compliance with the various development standards of the Community Development Code (CDC) is discussed below. Density: Pursuant to CDC Section 2-701.1, the maximum residential density for properties with a designation of Commercial General (CG) land use is 24 dwelling units per acre. Pursuant to CDC Section 2-1001.1, the maximum residential density for properties with a future land use plan designation of Residential/Office General (R/OG) is 15 dwelling units per acre. Finally, pursuant to CDC Section 2- 401.1, the maximum residential density for properties with a future land use plan designation of Residential Medium (RM) is 15 dwelling units per acre. Based on the size of each land use area of the site, a maximum of 487 dwelling units are possible on this overall site. When ALF and nursing home beds are equated to dwelling units (70 units), coupled with the existing/proposed 229 attached dwellings, a total of 299 dwelling units are proposed under this proposal, which is consistent with the Countywide Future Land Use Plan with regard to the maximum allowable density. Impervious Surface Ratio (LS.R.): Pursuant to CDC Section 2-701.1, the maximum allowable I.S.R. in the Commercial General (CG) category is 0.95. Pursuant to Section 2-1001.1 (Residential/Office General [R/OG] category) and Section 2-401.1 (Residential Medium [RM] category) of the Community Development Code, the maximum allowable I.S.R. in these two land use categories is 0.75. The overall existing I.S.R. is 0.382, while the proposed I.S.R. is 0.431 (based on the overall land area with CG, R/OG and RM land use categories), which is consistent with the Code provisions. Minimum Lot Area and Width: Pursuant to CDC Table 2-704 (C District), there is no minimum lot area and width for a Comprehensive Infill Redevelopment Project use. Comparatively, for those uses listed in CDC Table 2-704, the minimum lot area ranges from a low of 3,500 square feet to as much as 40,000 square feet, while the minimum lot width ranges from a low of 30 feet to as much as 200 feet. That portion of the subject property zoned C District is approximately 106,722 square feet (2.45 acres) in area and has a lot width of 200 feet along Gulf-to-Bay Boulevard (north) and a total of 210 feet along Cross Boulevard. The lot area and lot width for this portion of the proposal is consistent with these Code provisions. Likewise, pursuant to CDC Table 2-404 (MHDR District), there is no minimum lot area or lot width for a Residential Infill Project use. Comparatively, for uses listed in CDC Table 2-404, the minimum lot area is generally 15,000 square feet, while the minimum lot width is generally 150 feet. For that portion of the property proposed to be rezoned to MDR District, this is 28.33 acres in area with a lot width along Sky Harbor Drive of 282 feet. The lot area and lot width for this portion of the proposal is consistent with these Code provisions. It should be noted that the selling off of the 2.71-acre nursing home area did not trigger the requirement to file a subdivision plat, as a subdivision is the division of a lot into three or more lots. However, should there be a desire to sell off another portion of the property, a subdivision plat will be required to be filed and approved by the City (such as the possibility of selling off the area containing the high-rise ALF commercially-zoned portion of this site). Minimum Setbacks: Due to the value of the proposed improvements, in accordance with CDC Section 3- 1401.B.3, the subject property must be brought into full compliance with the parking requirements of the Community Development Board - October 21, 2008 FLD2008-05012 - Page 4 of 4 Code, which includes required setbacks. Pursuant to CDC Table 2-704 (C District), there are no required setbacks for a Comprehensive Infill Redevelopment Project use. However, from a comparative standpoint, for those uses in CDC Table 2-704, the minimum front setback ranges between 15 - 25 feet, the minimum side setback ranges between 0 - 10 feet and the minimum rear setback ranges between 10 - 20 feet. An ALF use is not listed in the C District, and although its status as a nonconforming use was terminated through Case No. FL 01-10-33 in 2001, there are no comparative setbacks for an ALF in the C District. The proposal includes a front (north) setback along Gulf-to-Bay Boulevard of four feet (to existing sign) and 28 feet (to existing pavement), a front (east) setback along Cross Boulevard of one-foot (to existing pavement), a front (north) setback along Cross Boulevard of 25 feet (to proposed guardhouse), a side (east) setback of five feet (to existing pavement), a side (west) setback of two feet (to existing pavement) and a side (north) setback of zero feet (to existing pavement). With the exception of the proposed guardhouse, which has been designed to be set back 25 feet from the front property line at Cross Boulevard, all setbacks are to existing improvements (sign or pavement). Along the eastern property line, the site abuts an existing restaurant. The side setback to pavement within the Commercial District along the east property line south of Cross Boulevard should follow the side setback the CDB approves for the proposed MHDR District area (see discussion below). Likewise, pursuant to CDC Table 2-404 for the proposed MHDR District, required setbacks for a Residential Infill Project use are 10 - 25 feet front, 0 - 10 feet side, and 0 - 15 feet rear. The proposal includes a reduction to the front (west) setback along Sky Harbor Drive from 25 to 21 feet (to existing building), a reduction to the side (east) setback from 10 to five feet (to existing pavement) and a reduction to the side (west) setback at the southeast corner of the adjacent nursing home parcel from 10 to five feet (to proposed pavement). The applicant is not proposing to redevelop the northern area at this time. The request to reduce the front setback adjacent to Sky Harbor Drive to 21 feet recognizes the existing location of the attached dwelling building. Adequate buffering exists at this location to this building to mitigate any negative impacts. Along the eastern property line, the site abuts an existing detached dwelling on primarily vacant property. The existing pavement of the internal drive for this property is located five feet from the eastern property line. The proposal includes the installation of a six-foot high decorative fence as well as the installation of landscaping for buffering purposes within this existing five-foot wide area. The applicant is requesting a reduction to the required side setback to the existing five feet along this eastern property line. It should be noted that under the existing Medium Density Residential (MDR) District the side setback is only five feet. The increase to the required side setback of 10 feet, and the resultant request to reduce the side setback to five feet along this east side property line, is a result of the applicant's request to rezone this portion of the property to MHDR District to permit the nursing home component. While there exist established trees in close proximity to this eastern property line and pavement, it is Staff's determination that the 10-foot setback along this eastern property line can be provided due to the requirement to meet current Code requirements. Staff does acknowledge that the roadway has existed at this location at the five-foot setback since the mid-1960's and has not caused any negative impacts to-date (without the buffer landscaping proposed with this application). In order to provide the full 10-foot setback, the existing roadway and parking area on the west side of the roadway would need to be moved westward five feet. While there will be impacts to existing trees on both the east and west side of this roadway, these impacts are not severe enough to damage the adjacent existing trees. As such, Staff cannot support the requested reduction to the side setback at this location along this eastern property line. The proposal includes a reduction to the side (west) setback at the southeast corner of the adjacent nursing home parcel from 10 to five feet (to proposed pavement) due to the proposed realignment of Loving Lane. Community Development Board - October 21, 2008 FLD2008-05012 - Page 5 of 5 A six-foot high decorative fence and extensive landscaping is proposed adjacent to the HarbourWood Nursing Home. Staff does not have an issue with the reduction to the side setback at this location. In the future, the applicant intends to redevelop the existing ALF area, zoned C District, in the northeast corner of the site and the northern and western portion of the site where existing attached dwellings are presently being retained. These existing areas have structures close to property lines not meeting required setbacks. Staff does not generally have a problem with not bringing some of these existing areas into full compliance with required setbacks at this time, but expects full compliance in the future when these areas are redeveloped. Maximum Building Heim Pursuant to CDC Table 2-404, the allowable height for a Residential Infill Project is 30 feet, but this height may be varied based on compliance with the Residential Infill Project criteria. The proposal includes a height increase from 30 to 82 feet. This site has substantial changes in existing grades. The applicant has calculated the average contour level for this site at 12 feet. The proposed building is primarily a four-story building. Due to slopes on this site, the east side of the building will have a garden level, which will be five stories on this side of the building. A portion of the west side of the building is designed with only three floors. The overall height of 82 feet is also measured to the highest top of towers for the new building. From the average grade level, the building is 70.5 feet to the top of the parapet roof. Some of the towers above the roof are for elevators, stairs and mechanical rooms (which by Code may be a maximum of 16 feet above the flat roof), while others are purely decorative. The adjacent HarbourWood Nursing Home is two stories in height and the commercial uses along Gulf-to-Bay Boulevard are generally one-story in height. The detached dwelling to the east of the property is one-story in height and the mobile homes to the west of this site are also one-story in height. The adjacent fire station appears more as a two-story building due to the height necessary for the fire trucks. As stated earlier, the existing ALF building on this site is a total of eight-stories, although it would be viewed from Gulf-to-Bay Boulevard as seven stories. The existing ALF building is 81 feet in height to the flat roof deck. With the grade changes of the site, where the highest grades are close to Gulf-to-Bay Boulevard, coupled with the existing commercial buildings fronting on Gulf-to-Bay Boulevard screening views of the proposed building, the impact of this building will not appear as tall as it is advertised. The location of the building is more toward the middle to southern portion of the site, further reducing the height impacts from Gulf-to-Bay Boulevard. Staff finds the proposed new building compatible with the surrounding uses and the heights of these adjacent uses. Minimum Off-Street Parking: Pursuant to CDC Table 2-404, the minimum off-street parking required for Residential Infill Projects is two spaces per dwelling unit, but the standard is a guideline that may be varied based on the Residential Infill Project criteria of Section 2-404.F. The proposal includes a total of 229 attached dwelling units (independent living units) and a total of 116 new beds within the ALF and nursing home. These ALF and nursing beds equate to 39 dwellings based on conversion ratio of three beds equaling one dwelling unit. The 229 attached dwelling units and 39 equivalent dwelling units for the ALF and nursing home beds total 268 units. At two spaces per dwelling unit, a total of 536 parking spaces are required for the residentially zoned area. At a comparative parking ratio of one off-street parking space for each two beds in the ALF in the C District (94 existing beds), there are an additional 47 off-street parking spaces required. For all uses on the subject property, there are a total of 583 required off-street parking spaces. The development proposal includes a reduction to the required number of off-street parking spaces from 583 to 426. The applicant has submitted a Parking Sufficiency Study that has analyzed the existing conditions and the proposed development relating to parking demand. There are a total of 307 existing Community Development Board - October 21, 2008 FLD2008-05012 - Page 6 of 6 parking spaces serving the existing 229 attached dwelling units and 94 ALF beds in the high-rise structure at the northeast corner of the site. The proposal includes a total of 426 off-street parking spaces to support all of the end-users of the site (existing to remain and new units). Based upon the existing number of beds and dwelling units, as compared to the proposed number of beds and dwelling units, a total of 505 off- street parking spaces would be required by current Code for the existing conditions, versus a total of 583 off-street parking spaces for the proposed conditions. The Study indicates that the existing parking provided in close proximity to the existing uses of the site is 0.49 spaces per bed for the existing ALF and 0.87 spaces per dwelling unit for the attached dwellings. With the proposal, the proposed off-street parking for the existing ALF will remain at 0.49 spaces per bed, proposed off-street parking for the attached dwellings to remain in the northern and western portions of the site not being redeveloped will have 1.15 spaces per dwelling unit, proposed parking for the proposed nursing home and ALF beds will have 0.50 spaces per bed and the new attached dwellings will have 1.52 spaces per dwelling unit. The Study also analyzed parking needs for a similar senior living facility in Gainesville, Florida, and based upon the Institute of Traffic Engineer's Parking Generation, 3Yd Edition. The Study concludes that these comparative analyses confirm that the parking provided under this proposal will exceed the parking demands for residents, guests and facility staff. Planning Staff agrees with the findings of the Parking Sufficiency Study. The existing development fronts on Gulf-to-Bay Boulevard, Cross Boulevard and Sky Harbor Drive. Cross Boulevard extends only 150 feet south of Gulf-to-Bay Boulevard and dead ends into this development. Cross Boulevard provides access to the parking area north of the existing ALF building and access to the Village Inn Restaurant at the southeast corner of this intersection. Cross Boulevard otherwise continues southerly onto the subject property as a private drive (Cross Circle). Cross Circle provides access to units around the perimeter of the property, including the HarbourWood Nursing Home, and to Sky Harbor Drive. An interior drive (Loving Lane) bifurcates the property to the east and south of the HarbourWood Nursing Home. The proposal includes retaining the vehicular circulation pattern through the private drives in their basic locations as they presently exist as well as gating the property with a manned entry gate south of Cross Boulevard, and relocating Loving Lane from south of the HarbourWood Nursing Home, where it presently exists on the HarbourWood Nursing Home property, to south of the HarbourWood Nursing Home property. This relocation will convert the existing Loving Lane on the south side of the HarbourWood Nursing Home into a dead end drive. The proposal also includes the installation of gates on Cross Circle to the south of the HarbourWood Nursing Home and on Cross Circle north of the drive that goes out to Sky Harbor Drive. The installations of these gates continue to provide access for the HarbourWood Nursing Home from Sky Harbor Drive. However, access from Cross Boulevard to the HarbourWood Nursing Home will be severed. As stated earlier, the HarbourWood Nursing Home and Bayview Gardens developments share the same 2855 Gulf-to-Bay Boulevard address. There do exist building permit issues due to both properties having the same address. Either the address for the HarbourWood Nursing Home or the address for the subject property should be changed to eliminate this confusion. However, changing the address for the HarbourWood Nursing Home poses significant operational issues for the nursing home due to Medicare payment schedules and regulations, as an address change means Medicare payments would be halted for approximately three months. During this time the address is being approved and changed by Medicare, the nursing home would need to float their operating cost by the nursing home, placing a significant burden on the owners/management of the HarbourWood Nursing Home. This address issue continues to be unresolved. Staff has recommended a condition of approval that this address issue be acceptably resolved prior to the issuance of any permits for this project. Mechanical Equipment: Pursuant to CDC Section 3-201.D.1, all outside mechanical equipment must be screened so as not to be visible from public streets and/or abutting properties. The applicant is proposing mechanical equipment to be located on the flat roof of the new building, where parapet roofs will screen Community Development Board - October 21, 2008 FLD2008-05012 - Page 7 of 7 such mechanical equipment. The location of mechanical equipment for the nine new duplex units is not indicated on the plans, but may be expected to be located on the ground. The mechanical equipment for these duplex units must be screened from view in accordance with Code requirements and should be included as a condition of approval. Based upon the above, the development proposal is consistent with the Code with regard to screening of outdoor mechanical equipment. Sight Visibility Triangles: Pursuant to CDC Section 3-904.A, to minimize hazards at the driveway intersection with Gulf-to-Bay Boulevard, no structures or landscaping may be installed which will obstruct views at a level between 30 inches above grade and eight feet above grade within 20-foot sight visibility triangles. The proposed site and landscape design meets this requirement. Utilities: Pursuant to CDC Section 3-911, for development that does not involve a subdivision, all utilities, including individual distribution lines, shall be installed underground unless such undergrounding is not practicable. The civil site plan for this proposal indicates that all on-site electric and communication lines for the new building will be placed underground in conformance with this Code requirement. Existing overhead utilities for the buildings along the north and west sides being retained will remain overhead until these areas are redeveloped. Landscaping: Pursuant to CDC Section 3-1202.D.1, this site is required a 15-foot wide landscape buffer along Gulf-to-Bay Boulevard, a 10-foot wide landscape buffer along both Cross Boulevard and Sky Harbor Drive, a 10-foot wide buffer (or seven-foot wide with a decorative fence/wall) adjacent to nonresidential uses and a 10-foot buffer adjacent to attached dwellings or like uses. This proposal includes reductions to perimeter buffers along Cross Boulevard (east) from 10 feet to one-foot (to existing pavement), along the east side from seven to five feet (to existing pavement), along the west side from five to two feet (to existing pavement), along the north side from 10 feet to zero feet (to existing pavement) and at the southeast corner of the adjacent nursing home parcel from 10 feet to five feet (to proposed pavement). Due to the deteriorating condition of the attached dwelling buildings on this campus, the redevelopment of this site has been crafted from a site and building design to maintain site roadway circulation in their current locations to minimize loss of tree canopy. The site is heavily wooded with primarily oaks. Instead of creating many buildings across this campus similar to what exists, the applicant has chosen to create one new building with multiple stories to minimize the impacts on these existing trees. While there will be efficiency from a building standpoint to having the residents in one building, there is also site efficiency with this design by minimizing the building footprint on the site. Parking areas for the new building will be landscaped to meet Code requirements. Due to the value of the proposed improvements, in accordance with CDC Section 3-1202.A.3, the subject property must be brought into full compliance with the landscape requirements of the Code. The proposal is to construct a new building with the new parking areas meeting those landscape requirements. There are existing areas of the site that are not proposed for redevelopment where landscaping does not meet these current Codes. In the future the applicant intends to redevelop the existing ALF area, zoned C District, in the northeast corner of the site and the northern and western portion of the site where existing attached dwellings are being retained. These existing areas have structures close to property lines within required buffers. The applicant is enhancing landscaping along the frontages adjacent to Gulf-to-Bay Boulevard and Sky Harbor Drive, as these areas are those viewed by the traveling public along these roadways. Staff does not generally have a problem with not bringing some of these existing areas into full compliance at this time, but expects full compliance in the future when these areas are redeveloped. Community Development Board - October 21, 2008 FLD2008-05012 - Page 8 of 8 Adjacent to Gulf-to-Bay Boulevard, the existing parking lot for the ALF building is set back 28 feet from the front property line, exceeding the 15-foot required landscaped buffer. This existing parking lot is screened from view of Gulf-to-Bay Boulevard and Cross Boulevard by a six-foot high masonry wall. Existing landscaping on the outside of this screen wall is being enhanced along Gulf-to-Bay Boulevard, as this is the primary entrance to this property. Since the pavement of this parking lot exists one-foot off the front property line of Cross Boulevard, the request includes a reduction to the required 10-foot landscape buffer along this roadway, as there is little area for enhanced landscaping. The existing hedge on the outside of the screen wall is being retained. Likewise, this existing parking lot is located two feet from the west property line, encroaching into the required five-foot perimeter buffer. There is an existing hedge and other landscaping on the west side of this parking lot. The property to the west of this existing parking lot is currently vacant (except for a billboard). Along the eastern property line, the site abuts an existing restaurant and primarily vacant property zoned for attached dwellings. A 10-foot wide perimeter buffer, or seven-foot wide with a decorative fence/wall, is required along this eastern property line adjacent to nonresidential uses. Adjacent to attached dwellings or like uses (which Staff is considering the primarily vacant property to the east), a 10-wide perimeter buffer is required. The existing pavement of the internal drive for this property is located five feet from the eastern property line. The proposal includes the installation of a six-foot high decorative fence as well as the installation of a continuous hedge and trees (planted where there are gaps within the existing tree canopy) within this existing five-foot wide area along the east property line. The applicant is requesting a reduction to the required buffer along this property line from seven feet adjacent to the restaurant and from 10 feet for the primarily vacant property to the existing five-foot width. Any decision by the CDB regarding the buffer width along the east property line should be made in concert with the decision on the required side setback along this eastern property line (see also discussion under "Minimum Setbacks" above). While there exist established trees in close proximity to this eastern property line and pavement, it is Staff's determination that the seven-foot wide and 10-foot wide buffer (and side setback to pavement) along this eastern property line can be provided. Staff does acknowledge that the roadway has existed at this location at a five-foot distance since the mid-1960's and has not caused any issues to-date. In order to provide the full seven-foot wide and 10-foot wide buffer, the existing roadway and parking area on the west side of the roadway would need to be moved westward two to five feet (depending on the decision regarding the required side setback to be applied). While there will be impacts to existing trees on both the east and west side of this roadway, these impacts are not severe enough to damage the adjacent existing trees. As such, Staff cannot support the requested reduction to the perimeter buffer at this location along this eastern property line. Any approval of this application should include a condition requiring the full seven-foot and 10-foot wide buffer along this eastern property line. The applicant is enhancing the perimeter buffer along the western property line adjacent to the City's Fire Station, HarbourWood Nursing Home and the mobile home park. The required 10-foot wide buffer is being maintained along this western property line, except in one location. The proposal includes a reduction to the perimeter buffer from 10 to five feet at the southeast corner of the adjacent nursing home parcel for the realignment of Loving Lane. A six-foot high decorative fence is proposed adjacent to the HarbourWood Nursing Home. Extensive landscaping is proposed along the common property line with the nursing home. An existing six-foot chain link fence along the west property line adjacent to the mobile home park will be retained and extensive landscaping installed as part of the perimeter buffer to screen views of adjacent buildings and parking spaces. Staff does not have any issues with the reduction to the buffer width at this location. As part of the City's landscape re-inspection process, landscape materials have died or been removed without permits and have not been replaced to comply with approved landscape plans on file with the City, as identified under Case No. CDC2008-02198. Replacement of these landscape materials will be required Community Development Board - October 21, 2008 FLD2008-05012 - Page 9 of 9 as part of the proposed construction of the improvements under this proposal, unless it is determined by the Planning Department that replacement should be initiated at an earlier date. Solid Waste: With this redevelopment proposal, the applicant is proposing a compactor solid waste dumpster within an enclosure on the west side of the new building as part of the loading area. Trash throughout the campus will be collected by maintenance employees and disposed in the compactor. The proposal has been found to be acceptable by the City's Solid Waste Department. Signage: The subject property currently includes a monument-style, freestanding sign on Gulf-to-Bay Boulevard west of Cross Boulevard and a monument-style, freestanding sign within a landscape median within the entrance driveway at Sky Harbor Drive. These signs are intended to be retained, but with a face change to reflect the name change to Bella Terra on the Bay. Environmental Features: The site contains a tidal inlet/creek that is located at the southeast corner of the property, actually extending onto the property to the east, and meandering northward through the site to the west of the existing ALF building. This environmental feature of the site is located within FEMA flood zone AE. No residential building, existing or proposed, is located within the FEMA Flood Zone AE. Additionally, no assisted living facility or nursing home beds are located within a designated Coastal Storm Area nor the area inundated by a category two hurricane. The applicant is providing the required wetland buffers along this tidal inlet/creek. Water/Sewer: The applicant needs to continue to work with the Engineering and Fire Departments to resolve water, sewer and fire line issues. There are issues with the water distribution system that may develop stagnation problems and looping the water main through the site to Sky Harbor Drive may resolve these issues. The proposal includes sanitary sewer lines designed under stormwater ponds, which is not desired. Additionally, a looped unrestricted water line for fire hydrants is necessary for this site. Prior to the issuance of any permits, the applicant must resolve these issues with the Engineering and Fire Departments. Code Enforcement Analysis: There is an active Code Enforcement case for this property dealing with noncompliant landscaping (CDC2008-02198). Any approval of this application will require the installation of landscaping to bring the site back into compliance. Community Development Board - October 21, 2008 FLD2008-05012 - Page 10 of 10 COMPLIANCE WITH STANDARDS AND CRITERIA: The following table depicts the consistency of the development proposal with the standards and criteria as per CDC Sections 2-701.1 and 2-401.1 and Tables 2-704 and 2-404: Standard Proposed Consistent Inconsistent Density 24 dwelling units per acre in CG land 299 dwelling units X use, 15 dwelling units per acre in R/OG and RM land use categories (maximum of 487 dwelling units) I.S.R. 0.95 in CG land use; 0.75 in R/OG 0.431 overall X and RM land use categories Minimum N/A' C District: 2.45 acres, X Lot Area MHDR (proposed) and O Districts: 28.33 acres Minimum N/Al Gulf-to-Bay Blvd: 200 feet X Lot Width Cross Blvd: 210 feet (total) Minimum Front: Setbacks C District: N/A' Gulf-to-Bay Blvd (north): Xz 4 feet (to existing sign); and 28 feet (to existing pavement) Cross Blvd (east): 1-foot (to existing pavement) Cross Blvd (north): 25 feet (to proposed guardhouse) MHDR District: 10 - 25 feet' Sky Harbor Drive (west): Xz 21 feet (to existing building) Side: C District: N/A' East: Xz 5 feet (to existing pavement) West: 2 feet (to existing pavement) North: Zero feet (to existing pavement) MHDR District 0 - 10 feet' East: Xz 5 feet (to existing pavement) North: 23 feet (to existing building) West: 10 feet (to existing building; and 5 feet (to pavement) Rear: C District: N/A' N/A (part of applicant's property - no X separate lots) MHDR District: 0 - 15 feet' 72 feet (to building) X Maximum C District: N/A' 81 feet (to roof deck of existing ALF Xz Height building) MHDR District: 30 feet' 82 feet (measured to the highest top Xz of towers for the new building) Minimum Two spaces per dwelling unit 426 parking spaces Xz Off-Street (total of 583 required parking spaces)' Parkin Based on Comprehensive Infill Redevelopment Project and Residential Infill Project standards See analysis in StaffReport Community Development Board - October 21, 2008 FLD2008-05012 - Page 11 of 11 Community Development Board - October 21, 2008 FLD2008-05012 - Page 12 of 12 COMPLIANCE WITH FLEXIBILITY CRITERIA: The following table depicts the consistency of the development proposal with the Flexibility criteria as per CDC Section 2-704.C (Comprehensive Infill Redevelopment Project): Consistent Inconsistent 1. The development or redevelopment is otherwise impractical without deviations X from the use and/or development standards set forth in this zoning district. 2. The development or redevelopment will be consistent with the goals and policies of X the Comprehensive Plan, as well as with the general purpose, intent and basic planning objectives of this Code, and with the intent and purpose of this zoning district. 3. The development or redevelopment will not impede the normal and orderly X development and improvement of surrounding properties. 4. Adjoining properties will not suffer substantial detriment as a result of the X proposed development 5. The proposed use shall otherwise be permitted by the underlying future land use X category, be compatible with adjacent land uses, will not substantially alter the essential use characteristics of the neighborhood; and shall demonstrate compliance with one or more of the following objectives: a. The proposed use is permitted in this zoning district as a minimum standard, flexible standard or flexible development use, b. The proposed use would be a significant economic contributor to the City's economic base by diversifying the local economy or by creating jobs, c. The development proposal accommodates the expansion or redevelopment of an existing economic contributor, d. The proposed use provides for the provision of affordable housing, e. The proposed use provides for development or redevelopment in an area that is characterized by other similar development and where a land use plan amendment and rezoning would result in a spot land use or zoning designation; or f The proposed use provides for the development of a new and/or preservation of a working waterfront use. 6. Flexibility with regard to use, lot width, required setbacks, height and off-street X parking are justified based on demonstrated compliance with all of the following design objectives: a. The proposed development will not impede the normal and orderly development and improvement of the surrounding properties for uses permitted in this zoning district, b. The proposed development complies with applicable design guidelines adopted by the City, c. The design, scale and intensity of the proposed development supports the established or emerging character of an area, d. In order to form a cohesive, visually interesting and attractive appearance, the proposed development incorporates a substantial number of the following design elements: ? Changes in horizontal building planes; ? Use of architectural details such as columns, cornices, stringcourses, pilasters, porticos, balconies, railings, awnings, etc., ? Variety in materials, colors and textures, ? Distinctive fenestration patterns, ? Building stepbacks; and ? Distinctive roofs forms. e. The proposed development provides for appropriate buffers, enhanced landscape design and appropriate distances between buildings. 1 See analysis in StaffReport Community Development Board - October 21, 2008 FLD2008-05012 - Page 13 of 13 COMPLIANCE WITH FLEXIBILITY CRITERIA: The following table depicts the consistency of the development proposal with the Flexibility criteria as per CDC Section 2-404.F (Residential Infill Project): Consistent Inconsistent 1. The development or redevelopment of the parcel proposed for development is X otherwise impractical without deviations from one or more of the following: intensity; other development standards. 2. The development of the parcel proposed for development as a residential infill X project will not materially reduce the fair market value of abutting properties. 3. The uses within the residential infill project are otherwise permitted in the district. X 4. The uses within the residential infill project are compatible with adjacent lands X uses. 5. The development of the parcel proposed for development as a residential infill X project will upgrade the immediate vicinity of the parcel proposed for development. 6. The design of the proposed residential infill project creates a form and function which enhances the community character of the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. 7. Flexibility in regard to lot width, required setbacks, height and off-street parking X are justified by the benefits to community character and the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole 1 See analysis in StaffReport COMPLIANCE WITH GENERAL STANDARDS FOR LEVEL TWO APPROVALS: The following table depicts the consistency of the development proposal with the General Standards for Level Two Approvals as per CDC Section 3-913: 1. The proposed development of the land will be in harmony with the scale, bulk, coverage, density and character of adjacent properties in which it is located. 2. The proposed development will not hinder or discourage development and use of adjacent land and buildings or significantly impair the value thereof. 3. The proposed development will not adversely affect the health or safety of persons residing or working in the neighborhood. 4. The proposed development is designed to minimize traffic congestion. 5. The proposed development is consistent with the community character of the immediate vicinity. 6. The design of the proposed development minimizes adverse effects, including visual, acoustic and olfactory and hours of operation impacts on adjacent 1 See analysis in StaffReport Consistent Inconsistent X X X X X X SUMMARY AND RECOMMENDATION: The Development Review Committee (DRC) reviewed the application and supporting materials at its meetings of June 5, 2008, and August 7, 2008, and deemed the development proposal to be sufficient to move forward to the Community Development Board (CDB), based upon the following findings of fact and conclusions of law: Community Development Board - October 21, 2008 FLD2008-05012 - Page 14 of 14 Findings of Fact. The Planning Department, having reviewed all evidence submitted by the applicant and requirements of the Community Development Code, finds that there is substantial competent evidence to support the following findings of fact: 1. The 31.12 total acres is located generally at 2855 Gulf-to-Bay Boulevard (south side of Gulf-to-Bay Boulevard between Cross Boulevard [east] and Sky Harbor Drive [west]); 2. The overall site has three zoning districts, including 2.45 acres in the northeast corner of the site adjacent to Cross Boulevard zoned Commercial (C) District, 0.34 acres in the northwest corner of the site adjacent to Sky Harbor Drive zoned Office (O) District and the 28.33-acre balance zoned Medium Density Residential (MDR) District; 3. There is a companion request to rezone the MDR District to Medium High Density Residential (MHDR) District under REZ2008-07007 to permit the nursing home beds desired under this proposal; 4. The area zoned Commercial District is currently developed with an eight-story, 94-bed Assisted Living Facility (ALF), which is not proposed to be changed. The area zoned Office District is currently vacant land with no buildings located on it. The balance of the site currently zoned MDR District is developed with 62 one-story, attached dwelling buildings with varying number of units in each building (total of 229 units) that have existed since the mid-1960's; 5. The existing eight-story, 94-bed ALF building in the northeast corner of the site (zoned Commercial District) will be retained with this proposal, as well as 18 of the existing attached dwelling buildings containing 73 units along the northern and western portions of the site; 6. The proposal includes the construction of a new building that will have 138 attached dwelling units, 76 ALF beds and 40 nursing home beds; 7. The proposal includes a height increase from 30 to 82 feet for the new building. This site has substantial changes in existing grades with the average contour level for this site at 12 feet. The overall height of 82 feet is measured to the highest top of towers for the new building. From the average grade level, the building is 70.5 feet to the top of the parapet roof, 8. The proposal also includes the construction of nine duplex attached dwelling buildings along the southern portion of the site closer to the water and just south of the existing ALF building; 9. In the Commercial District, there are no required setbacks for a Comprehensive Infill Redevelopment Project use; 10. The proposal includes a front (north) setback along Gulf-to-Bay Blvd of four feet (to existing sign) and 28 feet (to existing pavement), a front (east) setback along Cross Blvd of one-foot (to existing pavement), a front (north) setback along Cross Blvd of 25 feet (to proposed guardhouse), a side (east) setback of five feet (to existing pavement), a side (west) setback of two feet (to existing pavement) and a side (north) setback of zero feet (to existing pavement); 11. In the proposed MHDR District, required setbacks for a Residential Infill Project use are 10 - 25 feet front, 0 - 10 feet side and 0 - 15 feet rear. The proposal includes a reduction to the front (west) setback along Sky Harbor Drive from 25 to 21 feet (to existing building), a reduction to the side (east) setback from 10 to five feet (to existing pavement) and a reduction to the side (west) setback at the southeast corner of the adjacent nursing home parcel from 10 to five feet (to proposed pavement); 12. The proposed change to the zoning of the property to MHDR District to permit the nursing home beds within the proposed new building increases the side setback to 10 feet, whereas the existing MDR District side setback is five feet; 13. The minimum required parking for Residential Infill Projects is two parking spaces per dwelling unit, but the standard is a guideline that may be varied based on the Residential Infill Project criteria of Section 2-404.F; 14. For all uses on the subject property, the number of overall required spaces totals 583 parking spaces. The proposal includes a reduction to the required number of parking spaces from 583 to 426 parking spaces. The applicant has submitted a Parking Sufficiency Study that has analyzed the existing conditions and the proposed development relating to parking demand; Community Development Board - October 21, 2008 FLD2008-05012 - Page 15 of 15 15. This site is required a 15-foot wide landscape buffer along Gulf-to-Bay Boulevard, a 10-foot wide landscape buffer along Cross Boulevard and Sky Harbor Drive, a 10-foot wide buffer (or seven-foot wide with a decorative fence/wall) adjacent to nonresidential uses and a 10-foot buffer adjacent to attached dwellings or like uses; 16. This proposal includes reductions to perimeter buffers along Cross Blvd (east) from 10 feet to one-foot (to existing pavement), along the east side from seven to five feet (to existing pavement), along the west side from five to two feet (to existing pavement), along the north side from 10 feet to zero feet (to existing pavement) and at the southeast corner of the adjacent nursing home parcel from 10 feet to five feet (to proposed pavement); 17. There is an active Code Enforcement case for this property dealing with noncompliant landscaping (CDC2008-02198). Conclusions of Law. The Planning Department, having made the above findings of fact, reaches the following conclusions of law: 1. That the development proposal is consistent with the Standards as per Sections 2-701.1 and 2-401.1 and Tables 2-704 and 2-404 of the Community Development Code; 2. That the development proposal is consistent with the Flexibility criteria as per Section 2-704.C of the Community Development Code; 3. That the development proposal is consistent with the Flexibility criteria as per Section 2-404.F of the Community Development Code; 4. That the development proposal is consistent with the General Standards for Level Two Approvals as per Section 3-913 of the Community Development Code; and 5. The proposal is compatible with the adjacent land uses. Based upon the above, the Planning Department recommends APPROVAL of the Flexible Development approval for the redevelopment of the overall 31.12 acre-property zoned Commercial (C) District, Office (O) District and proposed Medium High Density Residential (MHDR) District (companion rezoning Case No. REZ2008-07007) to permit a total of 229 attached dwellings (Independent Living Units) (73 units existing to remain; 156 units proposed), a total of 40 nursing home beds (proposed) and a total of 170 beds of assisted living facility (94 beds existing to remain; 76 beds proposed); (A) In the Commercial (C) District with a lot area of 2.45 acres, a lot width of 200 feet along Gulf to Bay Boulevard (north) and a total of 210 feet along Cross Blvd, a front (north) setback along Gulf to Bay Blvd of four feet (to existing sign) and 28 feet (to existing pavement), a front (east) setback along Cross Blvd of one-foot (to existing pavement), a front (north) setback along Cross Blvd of 25 feet (to proposed guardhouse), a side (east) setback of five feet (to existing pavement), a side (west) setback of two feet (to existing pavement), a side (north) setback of zero feet (to existing pavement) and a building height of 81 feet (to roof deck of existing assisted living facility building), as a Comprehensive Infill Redevelopment Project in the Commercial (C) District, under the provisions of Section 2-704.C; (B) In the proposed Medium High Density Residential (MHDR) District with a lot area of 28.33 acres, a lot width along Sky Harbor Drive of 282 feet, a reduction to the front (west) setback along Sky Harbor Drive from 25 to 21 feet (to existing building), a reduction to the side (west) setback at the southeast corner of the adjacent nursing home parcel from 10 to five feet (to proposed pavement), an increase to building height from 30 to 82 feet (to top of roof of proposed building) and a reduction to the required number of parking spaces from 583 to 426 parking spaces, as a Residential Infill Project under the provisions of Section 2-304.G; and (C) Reductions to perimeter buffers along Cross Blvd (east) from 10 feet to one-foot (to existing pavement), along the west side from five to two feet (to existing pavement), along the north side from 10 feet to zero feet (to existing pavement) and at the southeast corner of the adjacent nursing home parcel from 10 feet to five feet (to proposed pavement), as a Comprehensive Landscape Program under the provisions of Section 3-1202.G, with the following conditions: Community Development Board - October 21, 2008 FLD2008-05012 - Page 16 of 16 Conditions of Approval: 1. That approval of this application is subject to the approval of the companion rezoning Case No. REZ2008-07007; 2. That the final design and color of the building be consistent with the conceptual elevations approved by the CDB; 3. That a subdivision plat be required to be approved for any future division of this property into additional lots; 4. That the existing eight-story ALF building zoned Commercial District be limited to a maximum of 94 beds and the new building be limited to a maximum of 76 ALF beds and 40 nursing home beds; 5. That, prior to the issuance of any permits, the applicant assist the City with resolving the address issue for the adjacent HarbourWood Nursing Home created by the gating of the subject property; 6. That approval of this application does not waive full compliance with the parking, landscaping or underground utility requirements for the ALF area zoned Commercial District and the northern and western areas where existing attached dwellings are being retained as part of this application, however, full compliance is expected when these existing areas are redeveloped in the future; 7. That landscaping that has died or been removed without approvals identified under Case No. CDC2008-02198 be replaced as part of the construction of these improvements, unless it is determined by the Planning Department that replacement be initiated at an earlier date; 8. That, prior to the issuance of any permits, civil and landscape plans be revised to provide a 10-foot wide setback and landscape buffer along the eastern property line; 9. That, prior to the issuance of building permits for the duplex buildings, mechanical equipment for these new duplex buildings be screened from view in accordance with Code requirements; 10. That existing overhead utilities serving buildings along the north and west sides of the site that are being retained under this proposal be placed underground when these areas are redeveloped; 11. That any freestanding signage be a monument-style sign, designed to match the exterior materials and colors of the building, and be limited to a maximum height of six feet; 12. That, prior to the issuance of any permits, the applicant resolve water, sewer and fire line issues with the Engineering and Fire Departments; 13. That, prior to the issuance of any permits, compliance with all requirements of General Engineering, Traffic Engineering and Stormwater Engineering be met; and 14. That any applicable Public Art and Design Impact Fee be paid prior to the issuance of any permits. Prepared by Planning Department Staff: Wayne M. Wells, AICP, Planner III ATTACHMENTS: ? Location Map ? Aerial Map ? Zoning Map ? Existing Surrounding Uses Map ? Photographs of Site and Vicinity Community Development Board - October 21, 2008 FLD2008-05012 - Page 17 of 17 S: )Planning DepartmentlC D BIFLEX (FLD) )Pending cases)Up for the next CDBIGulf to Bay 2855 Bella Terra on the Bay (C, O &MDR) - 10.21.08 CDB - WWIGulf to Bay 2855 StaffReport - 10.21.08 CDB. doc Community Development Board - October 21, 2008 FLD2008-05012 - Page 18 of 18