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APP2004-00002 APP2004-00002 . D NSITY CALULATION NORTHSI E PLANNER OF RECORD: GLC ATLAS # ZONING: LAND USE: RECEIVED: 03/05/2004 INCOMPLETE: COMPLETE: MAPS: PHOTOS: STAFF REPORT: DRC: CDB: CLWCoverSheet .- " ~ , .~\ ' ; "Clearwater o~ ~ Plannmg Department 100 South Myrtle Avenue Clearwater, FIonda 33756 Telephone. 727-562-4567 Fax: 727-562-4576 -1..' j CASE #: --11J? 1'1. do '1- ()lJ 00 2.. DATE RECEIVED RECEIVED BY (staff initials) o SUBMIT ORIGINAL SIGNED AND NOTARIZED APPlICATIOH (J SUBMIT 12 COPIES OF THE ORIGINAL APPLICATION ~PPEAL TO THE COMMUNITY DEVELOPMENT BOARD - RESIDENTIAL $100 00 (J APPEAL TO THE COMMUNITY DEVELOPMENT BOARD - NON-RESIDENTIAL $250 00 (J APPEAl TO HEARING OFFICER $500 00 APP~AL APPLICATION Level One and Level Two Revtews (R.evtsed 02127/04) -PLEASE TYPE OR PRINT- APPLlCATIONlNOTlCE OF APPEAL (Code Section 4-502.A & B) Section 4-502.A. An appeal of a Level One approval (FlexIble standard Development) may be mibated by a property owner abutting the property whICh IS the subject of the approval wdhtn seven days of the date the DeveIoprnent Order IS ISSUed The filing of an appbcabonlnobce of appeal shan &BY the effect of the decision pending the final determination of the case. The heanng before the Commurnty Development Board shaH be scheduled at the first avadabIe meebng of the Board (sufficient to provlde notice under Section 4-206) and may be conbnued at that meeting of the Board so that the Board may receive more Information, cIanfication, or research , The Community Development Board shaft render a decISIon at the meeting but not later than 70 days from the recelpl: of the notice of appeal, unless the partles by mutual consent extend the tllne frame for the Board's decision unbl a subsequent meetmg Section 4-502.B: An appbcatlon/notI of appeal of appeal of any decision of the City, as provided In Section 4-501, may be Initiated by the applICant or any person granted party status WIthIn 14 days of the declston. Such application shall be filed with the CIty Clerk In a form specified by the Commumty Development Coordinator lden\Jfylng WIth specificity the basis for the appeal and accompanied by a fee as reqUired by Sect10n 4-202 E. The filing of an appIicationInot of appeal shaD stay the effect of the decisIOn pendmg the final determmabon of the case. A. APPELLANT AND AGENT INFORMATION: APPEllANT......., ~~~er:, ~b ~IT\e~+- MAlUNGADDREsa ;Xdlfw:~~~~ \)~ o.D.~~.'),l~ Lf'o.~ 3?> /ia~ PHONE NUMBER: ~/ lli4j,-q (0::) J FAX NUMBER. ':) 0 AGENT NAME. :eJ ' I, V ,'C5 FAXNUMBER '1 'd-l- ~41..o 430~Lo PHONE NUMBER ]'d.-i --Y43 - d-?Ko9 B. APPEAL INFORMATION CHECK THE SPECIFIC APPEAL ~ to the Cormrwmtv Development Board Orders, requiremenls. dec1sJons or determmations made by an adtmmstrabve official m the adrmmstrabon of the Community Development Code, except for enforcement actions a Admimslratlve Interpretations of the Community Development Code a Level One (Flelable standard Development and Mimmum standard) approval decISIons [] DenI8ls of any permit or IJCeJlSe ISSUed under the provlSlOllS of the Community Development Code a Any denials deemed to have occurred as result of the failure of the Commurnty Development Coordmator to act wdtlln the time "mils provided m this Commurnty Development Code .. ;J ~ .. .- ADDea/s to a heanng officer l:I DecISions of the Community Development Board regarding Level Two approvals l:I Decisions of the Community Development Board regarding Level One approvals l:I OTHER (as allowed by Code) ADDRESS OF SUBJECT APPEAL (If applicable) SPECIFIC CASE NUMBER TO BE APPEALED (If applicable) DATE OF DECISION C. BASIS OF APPEAL: explain In detail the baSIS for the appeal Use additional sheets If necessary &<2- Lx,,~\o,~ 11'11'1 J' D. SIGNATURE: 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 PlNELLAS h" i1=' Swom to and subscnbed before me thiS ....l.-- day of fu~h ,A D 200,"" to ~ and/or by ~u.s "" (;-~ , ~personally kn~s produced as Idenllficatlon ~ct\~~ Notary publiC, My commiSSion expires 151 d-DOJ S \Planning DepaJ1mentlApplicatJon Forms\deve/opment reVlewlAppeal ApplIcation 2002 doc " Ill, #< ,,'\ i*. *: ~ ~~i ....,~,~r.,~~~.. MY COMMISSION # DO 233928 EXPIRES August 15, 2007 Bonded Thru Notary Public Underwnters ExhibIt "A" to Appeal ApplIcatIOn ThIS IS an appeal of the method used by the CIty of Clearwater P1annmg Staff m detenmnmg the maXImum allowable density aVaIlable to a gIven site VIa the Transfer of Development Rights (TDR) process When calcu1atmg the number of allowable/transferable dwellmg/roommg urnts no roundmg up of numbers IS consIdered WIth thIS current calculatIOn as provIded m the example below, both the property owner and the CIty end up 10smg thousands of dollars m development potentIal and revenues For example 190 Brightwater Drive Property consists of .312 acres. Land use allows 30 dwelling units per acre. 30 x .312 = 9.36 units allowed. (9 units max per City of Clearwater - no rounding up) The TDR process limits the number of units that can be transferred to the site at 20% of the permitted development potential of the site. .20 x 9 = 1.8 units of additional density transferable to site. Per City Stafrs interpretation, a maximum of one (1) unit may be transferred to this site for a total of 10 units on site. The CIty of Clearwater P1annmg Staff does not recognIze the 8 as a urnt, therefore the developer IS lImIted to a maXImum transfer of one (1) umt to the sIte for a total of 10 umts Bv not roundmg up the final number (1 8) the property owner forfeIts thousands of dollars m development potentIal and the CIty loses addItIonal revenue that would be generated by the allowance of the one (1) addItIonal umt (Even If the TDR calculatIOn came to 1 99, the maXImum allowable urnts that could be transferred, per the CIty of Clearwater P1annmg Staff, are one (1) umt) By companson, the CIty of St Petersburg rounds up the final number, whIch would allow the same SIze SIte to ~nJoy a total of 11 dwellmg umts wlthm that murnclpalIty \ Weare askmg that the Commumty Development Board consIder tills current mterpretatIon by CIty Staff to not round up m theIr calculatIon and to consIder not only the thousands of dollars lost to the property owner but to the CIty as well m the way of revenue r ~, LETTER OF AUTHORIZATION This letter will serve as authorIzatIon for Housh Ghovaee with Nonhside Engineeriog Services, Inc. to act as an agent for~} \ ~y c. \\\\'5 ~ CJ~'rtYcj ~- ~ (Property Owner's Name) And to execute any and all documents related to secunng permits and approvals for the construction on the property generally located on the \ 00 ~ \~'1i-\i.;.;Q..,\(,' G ,[lie - , lying within ~ (Prope location) \\'\'\e\\o..5 County, State of 8.[)\\~.. /j/J1U/ ~c"f'(t ~e>:>, cft:\C-f>-r c+'- ~perty Owner Pnnt Name of prljperty Owner~\i'. ~ \1'\\"') J Q _ cP rf(.\.~'~ ~ .0. U\)( (0./~ 5\;;).. -CY-\lo~ - Address of Property Owner Telephone Number c.-,~-m.J ~C('". ~\ 5':jtdSl City/Stat /lip Code ( State of He rl-ria.. County 0:V\ -\\P \\('0 The foregoing Instrument was acknowledge before me this tC( ~ day ~ n C\-~I.ce, c+ Tu..:,;f\ of~ftCe\~k, 20t:~ by \<p\{.:.1'd KpOf<'5. as\t.\'l'\"'O of"'l . who s person~~~own~o has pr~duted ,.- as IdentIficatIon an w 0 (lid (did not) take an oath. r~ ~ .....". - IlEBRAANN HARRIS .., /i;""'i::~~- I,)' COMMISSION # 00 233928 \ ': ~* ~_ ~~ l:.'(',RES August 15. 2007 / '-:r 01 ~V. ell ,QGJilllllNolalVi'OOllCUl\dIlfWlIIIllS Ig ature} '"111' \ ._ _ Notary Public (SEAL ABOVE) CommISSion # -=:D1J d-:j3cr d{5 (~ \ ' \0.i(.\>{t'---,,\~'\+-~'(T1S(Name of Notary Typed, Printed or Stamped) NOrlhsille &~ Sewa& 11<<-, CIVIL · LAND PLANNING. ENVI RONMENTAL · TRANSPORTATION. March 5, 2004 REceiVED MAR 0 8 2004 PLANNING 0 CITY OF ClEEPARTMENT ARWATER We are requestmg an mterpretatIOn of SectIOn 4-1402 of the CIty of Clearwater Commuruty Development Code wIth regards to how you calculate the maxnllum 20 percent of the permItted development potentIal of a gIven sIte CIty of Clearwater Plannmg Department 100 S Myrtle Avenue Clearwater, Flonda 33758 Attn CyndI Tarapam, Plannmg DIrector Dear Ms Tarapam Many tImes we have been told by CIty Plannmg Staff that when calculatmg the allowable number ofumts whIch can be transferred to another SIte by way of the TDR process the final numbers are never "rounded up" One example IS a recent request for redevelopment at 190 Bnghtwater Dnve Lot area = 312 acres, Land use allows 30 umts per acre for attached dwellmgs, . 30 x 312 = 9 36 umts allowed, Per CIty of Clearwater, thIS would mean 9 umts max based on eXIstmg lot area If requestmg TDR 9 umts x 20 = 1 8 umts of addItIOnal densIty whIch can be transferred to thIS SIte, however, SInce Plannmg Staff does not "round up", we are lImIted to transferrmg only one (1) umt for a total of 10 umts on SIte If the final number were rounded up, 11 umts would be allowed In the past, we have also been told by CIty Plannmg Staff that even If the 20% equaled 1 99 umts, the property owner would stIll be lImIted to only one (1) umt of addItIonal densIty By not "roundmg up", the property owner loses thousands of dollars m development potentIal and the CIty loses thousands of dollars m revenues Please respond In wntmg as qmckly as pOSSIble to thIS request and feel free to contact me WIth any questIOns CPo, Debra A Hams ExecutIve VIce PresIdent/planner ,. / 601 CLEVELAND STREET, SUITE 930 CLEARWATER, FLORI DA 33755 NESADMIN@MINDSPRING COM NESTECH@MINDSPRING COM 727 ,443 2869 FAX 727 446, 8036 / r ") , -') ~ ~J'~L ~~~~~r:T/{~~ ~~~;,..'''''' ~ ~~,\I/, ~~ ti~~-_ - oo::xc~ "'r::~ ===- ~G ':.~~ - ~~' ~-~~~~,t~~~~ -~4TH\ '\..t~ ~.nrJJ"'tJ CITY OF CLEARWATER loNG RANGE PIANNING DEVELOPMENT REviEW PLANNING DEPARTMENT POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUn,OING, 100 SmITH MYRTIE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAX (J27) 562-4576 Apn121, 2004 Mr Housh Ghovaee NorthsIde Engmeermg ServIces, Inc 601 Cleveland Street, SUite 930 Clearwater, Flonda 33781 RE Development Order regardmg case APP2004-00002 - Calculation of MaXImum DensIty/IntensIty Dear Mr Ghovaee ThIS letter constItutes a Development Order pursuant to SectIon 4-206 D 6 of the Commumty Development Code On Apnl 20, 2004, the Commumty Development Board (CDB) reVIewed your appeal of the an admmIstratIve mterpretatIon of SectIon 4-1402 WIth regard to how to calculate the maXImum densIty/mtensIty of the pemntted development potential and allowable transfer of development nghts, of any gIven SIte, under the proVISIOns of Section 4-501 of the Commumty Development Code The Commumty Development Board demed the appeal applIcation because the appellant dId not show complIance WIth all of the followmg cntena 1) The deCISIon appealed from lTIlsconstrued or mcorrectly mterpreted the proVISIOns of the Commumty Development Code, and 2) That the deCISIOn will be In harmony WIth the general mtent and purpose of the Commumty Development Code, and 3) Will not be detnmental to the publIc health, safety and general welfare The Interpretation by the Planmng DIrector (as proVIded In the letter to Debra Hams on Apnl 9, 2004) was confirmed unammously by the members of the CDB An appeal of the CDB deCISIon must be mItIated WIthIn 14 days of the date of the deCISIOn by the Board The appeal penod for your case will expIre on May 4, 2004 If you have any questions, please call Lisa FIerce, ASSIstant Planmng DIfector, at 727-562-4561 CynthIa Tarapam, AICP Plannmg DIrector Cc LeslIe Dougall-SIdes, ASSIstant City Attorney S \Plannmg Department\C D B\APPEALS\CalrulatlOn of maxl/num denSity APP2004-00002\CalrulatlOn of maximum denSity Development Order dor BRIAN J AUNGST, MAYOR-COMMISSIONER WHITNEY GRAY, VICE MAYOR-COMMIS'iIONER HOYT HAMilTON, COMMISSIONLR FRANK HIBBARD, COMMISSIONrR * Bill JONSON, COMMISSIONFR "EQUAl EMPIOYMFNf AND MFIRMATIVE AC110N EMPIOYFR" " , , ) ORIGINAL I , CDB Meetmg Date Case Number Agenda Item Appellant Agent Apnl 20. 2004 APP2004-00002 F1 Roland Rogers Housh Ghovaee CITY OF CLEARWATER PLANNING DEPARTMENT STAFF SUMMARY OF EVENTS GENERAL INFORMATION: REQUEST: Appeal of an mterpretatIon of SectIon 4-1402 wIth regard to how to calculate the maximum denslty/mtenslty of the penmtted development potential and ,allowable transfer of development nghts, of any gIVen SIte BACKGROUND: The Plannmg DIrector met wIth Housh Ghovaee of Northslde Engmeenng Services, Inc (agent for appellant) to explam an mterpretatlOn of the Code wIth respect to calculatmg denslty/mtenslty A letter was later submItted to the Planmng Department by Debra Hams of Northslde Engmeenng Services, Inc requestmg an mterpretatlOn of SectlOn 4-1402 of the Code (Allocated Development Rights are Freely Transferable) (The Planmng Department's mterpretatIOn letter was prepared after the appeal was submItted, but IS consistent with the conversatlOn with the applIcant) ThIS appeal IS not specifIc to a subject SIte Attached IS the letter requestmg the mterpretatIon (ExhIbit "A"), the Planmng Department's response (mterpretatIOn) (Exhibit "B") and the Appeal applIcatlOn (Exhibit "e") Subsections 4 and 5 are applIcable to thiS case as follows 4-14024 For parcels receIvmg densIty/mtensIty transferred from a desIgnated envIronmental, open space, archaeologIcal, hIstoncal or archltecturally slgnzficant slte, densIty/mtenslty may not exceed 20 percent of the permltted development potentzal of the slte pnor to the transfer 4-14025 For parcels located wIthm an area deSIgnated Central Busmess DIStrlCt (CBD) or Communzty Redevelopment DIStrlCt (CRD) on the CountywIde Future Land Use Plan map or parcels governed by approved redevelopment or speczal area plans, a slte may only receIve densIty/mtensIty transferred from wIthm the CBD, CRD, redevelopment plan area or speczal area plan dIstnct, and may not exceed the otherwIse applzcable maxImum denSIty/mtensIty by 20 percent provzded that the governmg plan makes specIfic provlslOn for the use of transfer of development nghts In addltlOn to these Code sections, It IS Important to understand how denSIty IS calculated as proVIded m Code section IS 3-902 ComprehenSive Plan DensltIes/IntensltIes SubsectIon D states Staff Report - Commumty Development Board - Apnl 20, 2004 - Case APP2004-00002 - Page 1 y ) ) , 3-902 D When calculatmg the lot area and/or denslty/mtenslty of a property, the total of euher number shall not be rounded up to the next whole number ThIS provIsion means that densltIes/mtensItles are whole numbers and not fractions (e g 1 99 dwelhng Units IS equal to one dwellmg Unit) DensIty/mtensIty for any site IS lllmted to the maXImum development potential penmtted by the Future Land Use Element of the ComprehensIve Plan The consistent land use categones are enumerated under each of the 14 zOning dIstncts wlthm the Community Development Code The maxImum development potential IS expressed as maximum dwellmg Units per acre of land or maXImum floor area ratIOltmpervIOus surface ratio In order to detenmne maximum development potential, the followmg example shows each step m the calculatIOn 1) Calculatmg lot area 20,000 square foot lot dIvided by 43,560 (one acre) = 0 459 acres, 2) Calculatmg densIty/mtensIty SIte area = 0 459 acres multlphed by 30 dwellmg Units (penmtted densIty per acre) = 13 774 dwellmg Units, thIS IS rounded down to 13 dwellmg Units penmtted WhICh represents the maximum development potential of the sIte, and 3) Calculatmg maxImum densIty/mtenSIty WIth TDR process MaXImum penmtted density = 13 dwellmg Units (maxImum development potentIal of the site) multIphed by 20 percent transfer = 26, thIS IS rounded down to a maximum of two Units to be transferred, the overall density penmtted based on maxImum development potenttalls 15 total dwelhng Units, The pomts of disagreement between the appellant's agent and Staff are m the way denslty/mtenslty IS rounded down as Illustrated m #2 and #3 above The Code specIfically prohibits roundmg up to the next whole number (e g 1 1 through 1 99 stIll equals one dwellmg Unit) Roundmg up may artIfIcIally mflate the densIty and may exceed the maXImum development potentIal as regulated by ZOning dlstnct and land use category APPEAL PROCESS: Section 4-501 A 1 of the Community Development Code states that the Commumty Development Board has the authonty to hear appeals from administrative mterpretatIons of the development code The filIng of an apphcatIOn/nOtICe of appeal shall stay the effect of the decIsion pendmg the fmal determmatIOn of the case The City Attorney's office has opmed that, based on recent lItigatIOn, the case shall be legally noticed and placed on the next aVailable Community Development Board (CDB) agenda The CDB shall reVIew the applIcatIOn, the recommendatIOn of the Commumty Development Coordmator, conduct a quaSI-JudiCial publIc heanng on the apphcatIOn and render a deCISIOn m accordance With the provIsions of SectIOn 4-206 D The Board may grant the appeal, grant the Staff Report - Commumty Development Board - Apnl 20, 2004 - Case APP2004-00002 - Page 2 ') ) , appeal subject to specIfied condItIons or deny the appeal (ThIS IS a modIfIcatIOn from Code SectIon 4-504 B that states that the appeal shall be placed on the consent agenda of the next scheduled meetmg of the CDB and removed only by a vote of at least four members of the Board) In order to grant an appeal (overturnmg or modlfymg the decIsIOn under appeal), the CDB shall fmd that, based on substantial competent eVidence presented by the applIcant or other party, all of the followmg cntena are met 1) The decIsIOn appealed from, mIsconstrued or mcorrectly mterpreted the proVIsIOns of the Commumty Development Code, and 2) The deCISIon WIll be m harmony WIth the general mtent and purpose of the Commumty Development Code, and 3) The deCISIon Will not be detnm tal to and general welfare Prepared by Plannmg Department Staff' ATTACHMENTS Exhibits S \Planlllng Departmenf\C D B\APPEALS\CalculatlOn ofmaxllnum density APP2004-0000l\CalculatlOn of Maximum density - CDB Appeal Staff Report doc Staff Report - Commumty Development Board - Apnl 20, 2004 - Case APP2004-00002 - Page 3 '-.) - I ~ .~(~~ ,~~~.",~CI~~ ~~)I/ B ~ ~~ tiC":) - - ~ '5lC'" ~r::~ - ~~~ "'\~~--=- ~ \.~JA~~"'~~\ -~JJ2.;.1.t1 CITY OF CLEARWATER loNG RANGE PIANNING DEVELOPMENT REvIEW PLANNING DEPARTMENT POST OFFICE Box 4748, CLFARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUIlDING, 100 SOlffH MYRnE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAX (727) 562-4576 Apnl 21, 2004 Mr Housh Ghovaee NorthsIde Engmeenng SerVIces, Inc 601 Cleveland Street, SUIte 930 Clearwater, Flonda 33781 RE Development Order regardmg case APP2004-00002 - Calculation of MaxImum DensIty/IntensIty Dear Mr Ghovaee ThIS letter constitutes a Development Order pursuant to SectIOn 4-206 D 6 of the Commumty Development Code On Apnl 20, 2004, the Commumty Development Board (CDB) revIewed your appeal of the an admmIstratIve mterpretatIOn of SectIOn 4-1402 wIth regard to how to calculate the maXImum densIty/mtensIty of the penrutted development potential and allowable transfer of development nghts, of any gIVen SIte, under the provISIOns of SectIOn 4-501 of the Commumty Development Code The Commumty Development Board demed the appeal applIcatIOn because the appellant dId not show complIance wIth all of the followmg cntena 1) The declSlon appealed from Ill1sconstrued or mcorrectly mterpreted the provlSlons of the Commumty Development Code, and 2) That the declSlon WIll be m harmony wIth the general mtent and purpose of the Commumty Development Code, and 3) WIll not be detnmental to the publIc health, safety and general welfare The mterpretatIOn by the Planmng DIrector (as prOVIded m the letter to Debra Hams on Apnl 9, 2004) was confirmed unammously by the members of the CDB An appeal of the CDB decIsIon must be mItIated wIthm 14 days of the date of the declSlon by the Board The appeal penod for your case WIll expIre on May 4, 2004 If you have any questIOns, please call LIsa FIerce, AssIstant Planmng DIrector, at 727-562-4561 CynthIa Tarapam, AICP Plannmg DIrector Cc LeslIe Dougall-SIdes, AssIstant City Attorney S \Planll!ng Departlllent\C D B\APPEALS\CalrulatlOn of maxllllum densIty APP2004-00002\CalrulatlOn of maxImum den~lty Development Order do, BRIAN J AUNGST, MAYOR-COMMISSIONER WHITNEY GRAY, VICE MAYOR-COMMIS~IONER HOYT HAMilTON, COMMISSIONLR FRANK HIBBARD, COMMISSIONfR * BlII JONSON, COMMISSIONFR "EQUAl EMPI OYMFN f AND ArFIRMATIVF AC1ION EM PI OYFR" , ' 4 ') ) ORIGINAL CDB Meetmg Date Case Number Agenda Item Appellant Agent Apnl 20, 2004 APP2004-00002 Fl Roland Rogers Housh Ghovaee CITY OF CLEARWATER PLANNING DEPARTMENT STAFF SUMMARY OF EVENTS GENERAL INFORMATION: REQUEST: Appeal of an mterpretatIon of SectIon 4-1402 with regard to how to calculate the maximum denslty/mtenslty of the penmtted development potentIal and allowable transfer of development nghts, of any gIVen SIte BACKGROUND: The Plannmg DIrector met With Housh Ghovaee of Northslde Engmeenng Services, Inc (agent for appellant) to explam an mterpretatlon of the Code WIth respect to calculatmg denslty/mtenslty A letter was later subnntted to the Planmng Department by Debra Hams of Northslde Engmeenng ServIces, Inc requestmg an mterpretatIon of SectIon 4-1402 of the Code (Allocated Development Rights are Freely Transferable). (The Planmng Department's mterpretatIOn letter was prepared after the appeal was submitted, but IS consistent With the conversatIon WIth the applIcant) ThIS appeal IS not specifIc to a subject SIte Attached IS the letter requestmg the mterpretatIOn (ExhIbIt "A"), the Plannmg Department's response (mterpretatIOn) (ExhIbit "B") and the Appeal applIcatIOn (EXhIbIt "C") SubsectIons 4 and 5 are applIcable to thiS case as follows 4-14024 For parcels receIvmg densItylmtenslty transferred from a deSIgnated envIronmental, open space, archaeologIcal, hIstoncal or archItecturally SIgnificant slte, densltylmtenslty may not exceed 20 percent of the permztted development potentzal of the SIte przor to the transfer 4-14025 For parcels located wlthm an area deSIgnated Central Busmess DIstnct (CBD) or Communzty Redevelopment DIStrlCt (CRD) on the Countywlde Future Land Use Plan map or parcels governed by approved redevelopment or specIal area plans, a szte may only receIve densItylmtenslty transferred from wIthm the CBD, CRD, redevelopment plan area or speczal area plan dIstnct, and may not exceed the otherwIse applzcable maxImum densItylmtenslty by 20 percent provIded that the governmg plan makes specIfic prOVIszon for the use of transfer of development nghts In additIon to these Code sections, It IS Important to understand how denSIty IS calculated as proVided In Code sectIon IS 3-902 Comprehensive Plan DenSltIes/IntenSltIes SubsectIon D states Staff Report - Commumty Development Board - Apnl 20, 2004 - Case APP2004-00002 - Page 1 y ) ) 3-902 D When calculatmg the lot area and/or denslty/mtenslty of a property, the total of euher number shall not be rounded up to the next whole number This provIsion means that densItIes/mtensItIes are whole numbers and not fractIons (e g. 1 99 dwellIng umts IS equal to one dwellIng umt) DensIty/mtensIty for any site IS lIrmted to the maximum development potentIal penmtted by the Future Land Use Element of the ComprehensIve Plan The conSIstent land use categones are enumerated under each of the 14 zomng dIstncts wlthm the Commumty Development Code The maJomum development potentIal IS expressed as maximum dwellIng umts per acre of land or maximum floor area ratIOhmpervIOus surface ratIo In order to detenmne maximum development potentIal, the followmg example shows each step m the calculatIon 1) Calculatmg lot area 20,000 square foot lot dIVided by 43,560 (one acre) = 0 459 acres, 2) Calculatmg denSIty/mtensIty SIte area = 0 459 acres multIplIed by 30 dwellIng umts (penmtted denSIty per acre) = 13 774 dwellmg umts, thiS IS rounded down to 13 dwellIng umts penmtted WhICh represents the maxImum development potentIal of the SIte, and 3) Calculatmg maXImum densIty/mtenslty WIth TDR process MaxImum penmtted denSity = 13 dwellmg umts (maXImum development potentIal of the site) multIplIed by 20 percent transfer = 26, thiS IS rounded down to a maximum of two umts to be transferred, the overall denSity penmtted based on maximum development potentIal IS 15 total dwellIng umts The pomts of dIsagreement between the appellant's agent and Staff are m the way denslty/mtenslty IS rounded down as Illustrated m #2 and #3 above The Code speCIfically prohibits roundmg up to the next whole number (e g 1 1 through 1 99 stIll equals one dwellmg umt) Roundmg up may artIficIally mflate the denSity and may exceed the maXImum development potentIal as regulated by zonmg dlstnct and land use category APPEAL PROCESS: SectIOn 4-501 A 1 of the Commumty Development Code states that the Commumty Development Board has the authonty to hear appeals from admmlstratIve mterpretatIons of the development code The fIlIng of an applIcatIon/notIce of appeal shall stay the effect of the deCISion pendmg the fmal determmatIOn of the case The City Attorney's office has opmed that, based on recent lItIgatIOn, the case shall be legally noticed and placed on the next aVailable Commumty Development Board (CDB) agenda The CDB shall reVIeW the applIcatIOn, the recommendatIOn of the Commumty Development Coordmator, conduct a quasI-Judicial publIc heanng on the applIcatIon and render a declSlon m accordance WIth the provlSlons of SectIon 4-206 D The Board may grant the appeal, grant the Staff Report - Community Development Board - Apnl 20, 2004 - Case APP2004-00002 - Page 2 ) ) ( ,I appeal subject to specified conditIons or deny the appeal (ThIS IS a modIfIcatIOn from Code SectIOn 4-504 B that states that the appeal shall be placed on the consent agenda of the next scheduled meetmg of the CDB and removed only by a vote of at least four members of the Board) In order to grant an appeal (overturnmg or modlfymg the deCISIOn under appeal), the CDB shall fmd that, based on substantial competent eVIdence presented by the applIcant or other party, all of the followmg cntena are met 1) The deCISion appealed from, misconstrued or mcorrectly mterpreted the proVISIOns of the Commumty Development Code, and 2) The declSlon Will be m harmony with the general mtent and purpose of the Commumty Development Code, and 3) The decIsIon WIll not be detnm tal to and general welfare Prepared by Plannmg Department Staff ATTACHMENTS Exhibits S \Planlllng Departmen^C D 8\APPEALSlCalculatlOn ofmaxll1lum denslly APP2004-00002\CalculatlOn of MaxImum demlly - CDS Appeal Staff Report doc Staff Report - Commumty Development Board - Apnl 20, 2004 - Case APP2004-00002 - Page 3 ~) /-j v ~~~" ~~;....-. ~~~ ~~I,\I,/ ~~ ~~:- - - "C::C'" !>Iii":" ==- ~: ~~ .. ~~; \,.~ti;-<:~JJ.t~~~~ -~~~~t1 CITY OF CLEARWATER loNG RANGE PlANNING DEVELOPMENT REvIEW PlANNING DEPARTMENT POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTIE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAX (727) 562-4576 Apnl 21, 2004 Mr Housh Ghovaee NorthsIde Engmeenng ServIces, Inc 601 Cleveland Street, SUIte 930 Clearwater, Flonda 33781 RE Development Order regardmg case APP2004-00002 - CalculatIon of MaXImum DensIty/IntensIty Dear Mr Ghovaee ThIS letter constItutes a Development Order pursuant to SectIOn 4-206 D 6 of the Commumty Development Code On Apnl 20, 2004, the Commumty Development Board (CDB) revIewed your appeal of the an adnumstratIve mterpretatIon of SectIon 4-1402 WIth regard to how to calculate the maXImum densIty/mtensIty of the permItted development potentIal and allowable transfer of development nghts, of any gIven SIte, under the provIsions of SectIOn 4-501 of the Commumty Development Code The Commumty Development Board demed the appeal applIcatIon because the appellant dId not show complIance WIth all of the followmg cntena 1) The deCISIon appealed from nusconstrued or mcorrectly mterpreted the prOVIsIOns of the Commumty Development Code, and 2) That the deCISIOn WIll be m harmony WIth the general mtent and purpose of the Commumty Development Code, and 3) WIll not be detnmental to the publIc health, safety and general welfare The mterpretatIon by the Planmng DIrector (as proVIded m the letter to Debra Hams on Apnl 9, 2004) was confirmed unammously by the members of the CDB An appeal of the CDB deCISIon must be ImtIated wIthm 14 days of the date of the deCISIOn by the Board The appeal penod for your case WIll expIre on May 4, 2004 If you have any questIons, please call LIsa FIerce, ASSIstant Planmng DIrector, at 727-562-4561 CynthIa Tarapam, AICP Plannmg DIrector Cc LeslIe Dougall-SIdes, ASSIstant CIty Attorney S \Planmng Departmem\C D B\APPEALS\CalrulatlOn of maxImum denSIty APP2004-00002\CalrulatlOn of maxImum den~lty Development Order dol' BRIAN J AUNGST, MAYOR-COMMISSIONER WHITNEY GRAY, VICE MAYOR-COMMIS~IONER HOYT HAMilTON, COMMISSIONLR FRANK HIBBARD, COMMISSIONER * Bn J JONSON, COMMISSIONFR "EQUAl EMPI OYMFN rAND ArFIRMATIVF ACl ION EMPIOYFR" " ) ORIGINAL :~r CDB Meetmg Date Case Number Agenda Item Appellant Agent Apnl 20, 2004 APP2004-00002 Fl Roland Rogers Housh Ghovaee CITY OF CLEARWATER PLANNING DEPARTMENT STAFF SUMMARY OF EVENTS GENERAL INFORMATION: REQUEST: Appeal of an mterpretatIOn of Section 4-1402 wIth regard to how to calculate the maxImum denslty/mtenslty of the permItted development potentIal and allowable transfer of development nghts, of any gIVen SIte BACKGROUND: The Planmng DIrector met With Housh Ghovaee of NorthsIde Engmeenng Services, Inc (agent for appellant) to explam an mterpretatlon of the Code WIth respect to calculatmg denslty/mtenslty A letter was later submItted to the Planmng Department by Debra Hams of NorthsIde Engmeenng ServIces, Inc requestmg an mterpretatIOn of SectIon 4-1402 of the Code (Allocated Development RIghts are Freely Transferable) (The Planmng Department's mterpretatIOn letter was prepared after the appeal was submItted, but IS conSIstent With the conversatIon With the applIcant) ThiS appeal IS not speCIfIc to a subject site Attached IS the letter requestmg the InterpretatIon (ExhibIt "A"), the Planmng Department's response (InterpretatIOn) (ExhIbIt "B") and the Appeal applIcatIOn (ExhIbIt "C") SubsectIons 4 and 5 are applIcable to thiS case as follows 4-14024 For parcels recelvmg denslty/mtenslty transferred from a deslgnated envlronmental, open space, archaeologlcal, hlstoncal or archltecturally slgniflcant slte, denslty/mtenslty may not exceed 20 percent of the permltted development potentzal of the slte pnor to the transfer 4-14025 For parcels located wlthm an area deslgnated Central Busmess DlStrlct (CBD) or Communlty Redevelopment Dlstnct (CRD) on the Countywlde Future Land Use Plan map or parcels governed by approved redevelopment or speczal area plans, a sUe may only recelve denslty/mtenslty transferred from wlthm the CBD, CRD, redevelopment plan area or speczal area plan dlStrlct, and may not exceed the otherwlse applzcable maxlmum denslty/mtenslty by 20 percent provlded that the governmg plan makes speczftc prOVlSlOn for the use of transfer of development nghts In addition to these Code sections, It IS Important to understand how denSIty IS calculated as proVIded In Code section IS 3-902 ComprehenSive Plan DensltIes/Intensltles SubsectIon D states Staff Report - Commumty Development Board - Apnl 20, 2004 - Case APP2004-00002 - Page 1 l' ) l 3-902 D When calculatmg the lot area and/or denslty/mtenslty of a property, the total of elther number shall not be rounded up to the next whole number ThIS proVIsion means that densltIes/mtensItIes are whole numbers and not fractIOns (e g 1 99 dwellIng umts IS equal to one dwellIng umt) Denslty/mtensIty for any sIte IS lmnted to the maXImum development potential penrutted by the Future Land Use Element of the ComprehensIve Plan The consistent land use categones are enumerated under each of the 14 zonmg dIstncts wlthm the Commumty Development Code The maxImum development potentIal IS expressed as maximum dwellIng umts per acre of land or maximum floor area ratIOltmpervIOus surface ratIo In order to detenrune maximum development potentIal, the followmg example shows each step m the calculatIon 1) Calculatmg lot area 20,000 square foot lot dIvided by 43,560 (one acre) = 0 459 acres; 2) Calculatmg densIty/mtensIty SIte area = 0 459 acres multIplIed by 30 dwellmg umts (penrutted densIty per acre) = 13 774 dwellmg umts, this IS rounded down to 13 dwellmg umts penrutted WhICh represents the maximum development potentIal of the sIte, and 3) Calculatmg maxImum densIty/mtensIty WIth TDR process MaxImum penrutted denSity = 13 dwellIng umts (maximum development potentIal of the site) multIplIed by 20 percent transfer = 26, thIS IS rounded down to a maximum of two umts to be transferred, the overall densIty penrutted based on maxImum development potentIal IS 15 total dwellIng umts The pomts of disagreement between the appellant's agent and Staff are m the way denslty/mtenslty IS rounded down as Illustrated m #2 and #3 above The Code speCIfically prohibits roundmg up to the next whole number (e g 1 1 through 1 99 stIll equals one dwellmg umt) Roundmg up may artifICIally mflate the denSIty and may exceed the maXImum development potentIal as regulated by zomng dIstnct and land use category APPEAL PROCESS: SectIOn 4-501 A 1 of the Commumty Development Code states that the Commumty Development Board has the authonty to hear appeals from admmlstratIve mterpretatIons of the development code The filIng of an applIcatIOn/nOtIce of appeal shall stay the effect of the deCISIOn pendmg the fmal determmatIOn of the case The City Attorney's office has opmed that, based on recent lItIgatIOn, the case shall be legally noticed and placed on the next available Commumty Development Board (CDB) agenda The CDB shall review the applIcatIon, the recommendatIon of the Commumty Development Coordmator, conduct a quasI-JudIcial publIc heanng on the applIcatIOn and render a declSlon m accordance WIth the provIsions of SectIon 4-206 D The Board may grant the appeal, grant the Staff Report - Commumty Development Board - Apnl 20, 2004 - Case APP2004-00002 - Page 2 , appeal subject to specifIed condItIons or deny the appeal (ThIS IS a modIfIcatIOn from Code Section 4-504 B that states that the appeal shall be placed on the consent agenda of the next scheduled meetIng of the CDB and removed only by a vote of at least four members of the Board) In order to grant an appeal (overturnIng or modifYIng the declSlon under appeal), the CDB shall fInd that, based on substantIal competent eVIdence presented by the applIcant or other party, all of the follOWIng cntena are met. 1) The decIsIOn appealed from, mIsconstrued or Incorrectly Interpreted the provIsions of the Commumty Development Code, and 2) The decIsion Will be In harmony wIth the general Intent and purpose of the Commumty Development Code, and 3) The decIsIOn WIll not be detnm tal to and general welfare Prepared by Planmng Department Staff ATTACHMENTS ExhibItS S \Plannmg Departl1lent\C D BlAPPEALS\CalrulatlOn Ofl1laxLlIlUI1l density APP2004-00002\CalculatlOn of Maximum density - CDB Appeal Staff Report doc Staff Report - Commumty Development Board - Apnl 20, 2004 - Case APP2004-00002 - Page 3 ') -- ') ~\~~ 4~"~~~ ~~~,,\II/ ,l !;\ ~ ~~. -- ~~ ':.~~ - ~f! ...~'\:-==- ~,,~f ~rG;~~'t-...::r.i -4.4TE~ ~ ~t1 ~LFIJ';fJ CITY OF CLEARWATER loNG RANGE PlANNING DEVELOPMENT REviEW PLANNING DEPARTMENT POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUIlDING, 100 SOUTH MYRTIE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAX (J27) 562-4576 Apn121,2004 Mr Housh Ghovaee Northslde Engmeenng ServIces, Inc 601 Cleveland Street, SUIte 930 Clearwater, Flonda 33781 RE Development Order regardmg case APP2004-00002 - CalculatIOn of MaXImum DensIty/IntensIty Dear Mr Ghovaee ThIS letter constItutes a Development Order pursuant to SectIOn 4-206 D 6 of the Commumty Development Code On Apnl 20, 2004, the Commumty Development Board (CDB) reVIewed your appeal of the an adrrumstratIve mterpretatIon of SectIon 4-1402 WIth regard to how to calculate the maXImum densIty/mtensIty of the pemutted development potentIal and allowable transfer of development nghts, of any gIven SIte, under the prOVISIOns of SectIOn 4-501 of the Commumty Development Code The Commumty Development Board demed the appeal applIcatIOn because the appellant dId not show complIance WIth all of the followmg cntena 1) The deCISIOn appealed from rrusconstrued or mcorrectly mterpreted the provlSlons of the Commumty Development Code, and 2) That the deCISIOn WIll be m harmony WIth the general mtent and purpose of the Commumty Development Code, and 3) WIll not be detnmental to the publIc health, safety and general welfare The InterpretatIOn by the Planmng DIrector (as proVIded In the letter to Debra Hams on Apnl 9, 2004) was confirmed unammously by the members of the CDB An appeal of the CDB deCISIOn must be InItIated WIthIn 14 days of the date of the deCISIOn by the Board The appeal penod for your case WIll expIre on May 4, 2004 If you have any questIOns, please call LIsa FIerce, ASSIstant PlannIng DIrector, at 727-562-4561 CynthIa Tarapam, AICP Planmng DIrector Cc Leshe Dougall-SIdes, ASSIstant CIty Attorney S \Planning Departmen^C D 8\APPEALS\CalculatlOn of maximum denSity APP2004-00002\CalculatlOn of maximum den~/ty Development Order doc BRIAN J AUNGST, MAYOR-COMMISSIONER WHITNEY GRAY, VICE MAYOR-COMMIS~IONER HOYf HAMilTON, COMMISSIONLR FRANK HIBBARD, COMMISSIONrR @ Bill JONSON, COMMISSIONFR "EQUAl EMPI OYMFN rAND ArFIRMATIYF ACll0N EMPI OYFR" i) j 4 ') ) ORIGINAL CDB Meetmg Date Case Number Agenda Item Appellant Agent Apn120, 2004 APP2004-00002 Fl Roland Rogers Housh Ghovaee CITY OF CLEARWATER PLANNING DEPARTMENT STAFF SUMMARY OF EVENTS GENERAL INFORMATION: REQUEST: Appeal of an mterpretatlon of Section 4-1402 WIth regard to how to calculate the maxImum denslty/mtensIty of the perrmtted development potential and allowable transfer of development nghts, of any gIven SIte BACKGROUND: The Plannmg DIrector met WIth Housh Ghovaee of Northslde Engmeenng ServIces, Inc (agent for appellant) to explaIn an mterpretatIOn of the Code WIth respect to calculatmg denslty/mtensIty A letter was later submitted to the Planmng Department by Debra Hams of Northslde Engmeenng SerVices, Inc requestmg an mterpretatIon of SectIOn 4-1402 of the Code (Allocated Development RIghts are Freely Transferable) (The Planmng Department's mterpretatIOn letter was prepared after the appeal was submItted, but IS consistent With the conversation WIth the applIcant) ThIS appeal IS not speCifIC to a subject site Attached IS the letter requestmg the mterpretatIon (ExhIbit "A"), the Plannmg Department's response (mterpretatIOn) (ExhIbit "B") and the Appeal applIcatIOn (ExhIbIt "C") Subsections 4 and 5 are applIcable to thiS case as follows 4-1402.4 For parcels recezvmg denszty/mtenszty transferred from a deszgnated envzronmental, open space, archaeologzcal, hzstoncal or archztecturally szgnzficant szte, denszty/mtenszty may not exceed 20 percent of the permztted development potentzal of the szte pnor to the transfer 4-14025 For parcels located wzthm an area deszgnated Central Busmess Dzstnct (CBD) or Communzty Redevelopment Dzstrzct (CRD) on the Countywzde Future Land Use Plan map or parcels governed by approved redevelopment or speczal area plans, a szte may only recezve denszty/mtenszty transferred from wzthm the CBD, CRD, redevelopment plan area or speczal area plan dzstrict, and may not exceed the otherwzse applzcable maxzmum denszty/mtenszty by 20 percent provzded that the governmg plan makes speczftc provzszon for the use of transfer of development nghts In additIOn to these Code sections, It IS Important to understand how denSity IS calculated as proVided m Code sectIOn IS 3-902 ComprehenSive Plan DensltIes/Intensltles Subsection D states: Staff Report - Commumty Development Board - AprIl 20, 2004 - Case APP2004-00002 - Page 1 r ') ) , . 3-902 D When calculatmg the lot area and/or denslty/mtenslty of a property, the total of elther number shall not be rounded up to the next whole number ThIS provlSlon means that densltIes/mtensItIes are whole numbers and not fractIons (e g 1 99 dwellIng UnIts IS equal to one dwellmg UnIt) DensIty/mtenslty for any site IS lnruted to the maximum development potential penrutted by the Future Land Use Element of the ComprehensIve Plan The consistent land use categones are enumerated under each of the 14 zonmg dlstncts wlthm the CommunIty Development Code The maxImum development potentIal IS expressed as maXImum dwellIng UnIts per acre of land or maXImum floor area ratIOltmpervIOus surface ratIo In order to detenrune maximum development potentIal, the followmg example shows each step m the calculatIon 1) Calculatmg lot area 20,000 square foot lot dIvIded by 43,560 (one acre) = 0 459 acres, 2) Calculatmg densIty/mtensIty SIte area = 0 459 acres multIplIed by 30 dwellmg UnIts (penrutted densIty per acre) = 13 774 dwellIng UnIts, this IS rounded down to 13 dwellIng UnIts penrutted which represents the maXImum development potentIal of the sIte, and 3) Calculatmg maXImum densIty/mtenslty With TDR process Maximum penrutted denSIty = 13 dwellIng UnIts (maxImum development potentIal of the site) multIplIed by 20 percent transfer = 26, thIS IS rounded down to a maxImum of two UnIts to be transferred, the overall density penrutted based on maXImum development potentIal IS 15 total dwellmg UnIts The pomts of disagreement between the appellant's agent and Staff are m the way denslty/mtenslty IS rounded down as Illustrated m #2 and #3 above The Code specifically prohibits roundmg up to the next whole number (e g 1 1 through 1 99 stIll equals one dwellIng UnIt) Roundmg up may artificIally mflate the denSIty and may exceed the maXImum development potential as regulated by ZOnIng dlstnct and land use category APPEAL PROCESS: SectIOn 4-501 A 1 of the CommunIty Development Code states that the CommunIty Development Board has the authonty to hear appeals from admmlstratIve mterpretatIOns of the development code The filIng of an applIcatIOn/nOtIce of appeal shall stay the effect of the decIsion pendmg the fmal determmatIOn of the case The CIty Attorney's office has opmed that, based on recent lItIgatIOn, the case shall be legally noticed and placed on the next aVailable CommunIty Development Board (CDB) agenda The CDB shall review the applIcatIOn, the recommendatIOn of the CommunIty Development Coordmator, conduct a quaSI-JudIcial publIc heanng on the applIcatIOn and render a deCISIOn m accordance WIth the proVIsions of SectIOn 4-206 D The Board may grant the appeal, grant the Staff Report - Commumty Development Board - Apn120, 2004 - Case APP2004-00002 - Page 2 ') ') \ Il appeal subject to specIfied conditIons or deny the appeal (This IS a modIfIcatIOn from Code SectIOn 4-504 B that states that the appeal shall be placed on the consent agenda of the next scheduled meetmg of the CDB and removed only by a vote of at least four members of the Board) In order to grant an appeal (overturnmg or modIfymg the deCISIOn under appeal), the CDB shall fmd that, based on substantIal competent eVidence presented by the applIcant or other party, all of the followmg cntena are met 1) The decIsIOn appealed from, misconstrued or mcorrectly mterpreted the provlSlons of the Commumty Development Code, and 2) The decIsIOn WIll be m harmony WIth the general mtent and purpose of the Commumty Development Code, and 3) The decIsIOn Will not be detnm tal to and general welfare Prepared by Planmng Department Staff: ATTACHMENTS Exhibits S \Plannmg Department\C D B\APPEALS\CalculatlOn ofmaxllnum density APP2004-0000Z\CalculatlOn of MaxImum denmy - CDB Appeal Staff Report doc Staff Report - Commumty Development Board - Apnl 20, 2004 - Case APP2004-00002 - Page 3 ~ ~ '~7 I \ ~ *~/ ~ ~ \, - o FAX COVER MEMO CITY OF CLEARW A TER PLANNING DEPARTMENT 100 S. MYRTLE AVE., 2nd Floor CLEARWATER, FL 33756 (727) 562-4567 FAX: (727) 562-4865 TO: ~A -t1o<<15 FAX: -44(0.4 <60 ~Co - Phone: FROM: YlQJVl WATkJ'~ Phone: 5ro~ y-S t.o 1-2-~4-~ I~ 0 SUBJECT: /tpP JOoi/- ..OCC;D;).J DA TE: MESSAGE: NUMBER OF PAGES(INCLUDING THIS PAGE) ':B 1[1 I t lei F'EF'DF'T Apr. 13 2004 03:21PM YOUR LOGO YOUR FAX NO. Clt~OfClearwater-Plan Dept 727 562 4865 NO. OTHER FACSIMILE 01 94468036 START TIME USAGE TIME MODE PAGES RESULT Apr. 13 03:17PM 03'47 SND 10 OK TO TI.IRN OFF REPORT, PRESS '!"1eU' tt04. ~ SELECT OFF BY lJSING '+' OR '-'. FOR FAX ADVANTAGE ASSISTANCE, PLEASE CALL l-BOO-HELP-FAX (435-7329). 1, CDB Meetmg Date Case Number Agenda Item Appellant Agent Aonl 20, 2004 APP2004-00002 Fl Roland Rogers Housh Ghovaee CITY OF CLEARWATER PLANNING DEPARTMENT STAFF SUMMARY OF EVENTS GENERAL INFORMATION: REQUEST: Appeal of an mterpretatIon of SectIOn 4-1402 with regard to how to calculate the maximum denslty/mtenslty of the penmtted development potentIal and allowable transfer of development nghts, of any given sIte BACKGROUND: The Plannmg Director met wIth Housh Ghovaee of Northslde Engmeenng Services, Inc (agent for appellant) to explam an mterpretatIOn of the Code with respect to calculatmg denslty/mtenslty A letter was later submItted to the Planmng Department by Debra Hams of Northslde Engmeenng Services, Inc requestmg an mterpretatIon of SectIOn 4-1402 of the Code (Allocated Development Rights are Freely Transferable) (The Planmng Department's mterpretatIOn letter was prepared after the appeal was submItted, but IS consIstent With the conversatIOn With the applIcant) ThIS appeal IS not speCifiC to a subject sIte Attached IS the letter requestmg the mterpretatIOn (EXhibIt "A"), the Planmng Department's response (mterpretatIOn) (ExhIbit "B") and the Appeal applIcatIon (ExhibIt "C"). SubsectIOns 4 and 5 are applIcable to thiS case as follows 4-14024 For parcels recelvmg denslty/mtenslty transferred from a deslgnated envlronmental, open space, archaeologlcal, hlstoncal or archltecturally slgmficant slte, denslty/mtenslty may not exceed 20 percent of the pemutted development potentwl of the slte prwr to the transfer 4-14025 For parcels located wlthm an area deslgnated Central Busmess DlStrlCt (CBD) or Commumty Redevelopment DlStrlCt (CRD) on the Countywlde Future Land Use Plan map or parcels governed by approved redevelopment or specwl area plans, a slte may only recelve denslty/mtenslty transferred from wlthm the CBD, CRD, redevelopment plan area or specwl area plan dlstrlct, and may not exceed the otherwlse appltcable maxlmum denslty/mtenslty by 20 percent provlded that the governmg plan makes speclftc prOVlSlon for the use of transfer of development nghts In addItIOn to these Code sectIOns, It IS Important to understand how denSIty IS calculated as proVided m Code sectIOn IS 3-902 ComprehenSive Plan DensItles/IntensltIes SubsectIOn D states Staff Report - Commumty Development Board - Apnl 20, 2004 - Case APP2004-00002 - Page 1 '1 . appeal subject to specIfIed condItions or deny the appeal (ThIS IS a modificatIOn from Code SectIOn 4-504 B that states that the appeal shall be placed on the consent agenda of the next scheduled meetIng of the CDB and removed only by a vote of at least four members of the Board) In order to grant an appeal (overturnIng or modifYIng the decIsion under appeal), the CDB shall fmd that, based on substantial competent eVidence presented by the apphcant or other party, all of the follOWIng cntena are met 1) The decIsIOn appealed from, misconstrued or Incorrectly mterpreted the provISIons of the Commumty Development Code, and 2) The deCISion Will be In harmony With the general Intent and purpose of the Commumty Development Code, and 3) The decIsIOn Will not be detnm tal to the pubhc health, safety and general welfare ) /l' ~ Prepared by Planmng Department Staff JLt/! ATTACHMENTS ExhibItS S \Plannmg Departmen^C D B\APPEALS\CalculatlOn ofmaxlIIlum density APP2004-00002\CalculatlOn of MaxmlUm denJlty - CDB Appeal Staff Report doc Staff Report - Commumty Development Board - AprIl 20, 2004 - Case APP2004-00002 - Page 3 Nonhsi_e &~ Sew<<u 11<<-, CIVIL. LAND PLANNING. ENVI RONMENTAL . TRANSPORTATION. March 5, 2004 RECEIVED MAR 0 8 2004 PLANNING CITY OF CPEEPARTMENT A RWATER We are requestmg an mterpretatIon of SectIOn 4-1402 of the CIty of Clearwater Cornmumty Development Code wIth regards to how you calculate the maxImum 20 percent of the permItted development potentIal of a gIven SIte CIty of Clearwater Plannmg Department 100 S Myrtle Avenue Clearwater, Flonda 33758 Attn Cyndl Tarapam, Plannmg DIrector Dear Ms Tarapam Many tImes we have been told by CIty Plannmg Staff that when calculatmg the allowable number ofumts whIch can be transferred to another SIte by way of the TDR process the final numbers are never "rounded up". One example IS a recent request for redevelopment at 190 Bnghtwater Dnve Lot area = 312 acres, Land use allows 30 unItS per acre for attached dwellmgs, 30 x 312 = 9 36 umts allowed, Per CIty of Clearwater, thIS would mean 9 unItS max based on eXlstmg lot area If requestmg TDR 9 umts x 20 = 1 8 unItS of addItIonal densIty wrnch can be transferred to thIS SIte, however, smce Plannmg Staff does not "round up", we are limIted to transfemng only one (1) umt for a total of 10 umts on SIte If the final number were rounded up, 11 umts would be allowed. In the past, we have also been told by CIty Plannmg Staff that even If the 20% equaled 1 99 unItS, the property owner would still be limIted to only one (1) umt of addItional densIty By not "roundmg up", the property owner loses thousands of dollars m development potential and the CIty loses thousands of dollars m revenues Please respond m wntmg as qmckly as pOSSIble to thIS request and feel free to contact me WIth any questIOns illQ, Debra A Hams ExecutIve ViCe Presldent/Planner 601 CLEVE:LAN D STRE El, SUITE 930 CLEARWATER, FLORIDA 33755 NESADMIN@MINDSPRING COM N ES TECH@MINDSPRING COM 727 ' 443 . 2869 FAX 727 . 446 . 8036 tKih61T fjl(l! j~DUlTl7.ITQQo ~~~\~LOF rNt Q~~ A~~ ~,.,"U~IJ~)'~ ~'t~v.J ~;..~Cl. ~~l\l, -~~ o~ .1 ~~"-.> -..{~nrl ":. ..... ~ ~~:=__ - '~'l r::' =-~- /1""'>,;l>l "'~':.=" :;;::-.qq blf' ~ - --- L"!::'1q "'~~ - -==-. t'~~~ ~ '/;;;:r---- ,",,, .~ ~ rYA ~-#".I:1'-" ~Vt'~ ~#-q~I~1\'g'f' CITY OF CLEARWATER LONG RANGE PlANNING DEVELOPMENT REviEW PLANNING DEPARTMENT POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTIE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAX (727) 562-4576 Apnl 9, 2004 Ms Debra A Hams Northslde Engmeenng SerVices, Inc 601 Cleveland Street, SUIte 930 Clearwater, FL 33755 Re CalculatIOn of MaxImum DenSIty - Zomng InterpretatIOn Letter Dear Ms Hams The purpose of thiS letter IS to respond to your request for an mterpretatIon of SectIOn 4-1402 of the Commumty Development Code with regard to calculatIOn maXImum denslty/mtenslty under the Transfer of Development Rights (TDR) proVISIOns for any given site Both Code SectIOn 4-14024 and 4-1402 5 are relevant and restnct denslty/mtenslty transferred to a maximum of 20 percent of the pemutted development potentIal of the SIte pnor to the transfer Code SectIon 3-902 D states that when calculatmg the lot area and/or denslty/mtenslty of a property, the total of either number shall not be rounded up to the next whole number As an example, thIS means that should the density calculatIOn result m 13 77 dwellmg umts (or some other fractIOn) the density would be equal to the rounded down whole number or 13 dwellIng umts Addmg 20 percent density through the TDR process would result m two addItIonal dwellmg umts (13 dwellIng umts multiplIed by 0 2 transferred density = 2 6, thIS IS rounded down to two additIonal umts, the resultmg density with TDR would equal 15 dwellmg umts) Your appeal case Will be reviewed by the Commumty Development Board on Apnl 20, 2004 Please contact me a 7-562-4561 with any questIOns S IPw""mg D'p""m,"^C D IMPPEA""C,i, "i,,,~:fl~L14_o~12:!,,"g "=''''"''' <hm,,,y - """p"'"''"<< ,,,,,, <In, BRIAN J AUNGST, MAYOR-COMMISSIONER WHITNEY GRAY, VICE MAYOR-COMMISSIONFR HOYf HAMlI TON, COMMI'iSIONER FRAN" HIBBARD, COMMISSIONhR * BlIl JONSON, COMMISSIONFR "EQUAl EMPIOYMfNf AND ArFIR1\lo\TIVE ACTION EMPIOYFR" , , ;, Clearwater o~ ~ Plannmg Department 100 South Myrtle Avenue Clearwater, Ronda 33756 TeIephone.7Zl-SU.-45Ol Fax: 7Zl-562~6 CASE #: t(J) - {1;VD"- DATE RECEIVED RECEIVED BY (staff Imtials): o SUBMIT ORIGINAL SIGNED AND NOTARIZED APPUCATlON o SUBMIT 12 COPIES OF THE ORIGINAL APPUCATlON ~PPEAL TO THE COMMUNITY DEVELOPMENT BOARD - RESIDENTIAL $100.00 a APPEAL TO THE COMMUNITY DEVELOPMENT BOARD - NON-RESIDENTlAL $250.00 a APPEAL TO HEARING OFFICER $500.00 APPEAL APPLICATION Level One aud Level Two Revu:ws (Revised 02127/04) -PLEASE TYPE OR PRINT- APPUCATIONINOTlCE OF APPEAL (Code Section 4-502.A & B) Section 4-502.A: An appeaJ of a Level One approval (Flexible Standard Development) may be tnibated by a property owner abutting the property which is the subject of the approval WIthin seven days of the date the Development Order IS ISSued. The filing of an appIicabonInobc of appeal shaD Ey the effect of the decision pending the final determmatlon of the case. The heanng before the Communily Development Board shaD be scheduled at the first avadabIe meetmg of the Board (suffiClent to prtMde nobce under Section 4-206) and may be continued at that meeting of the Board so that the Board may receNe more InfOrmation, cIanfication, or research. The Commumty Development Board shall render a decision at the meeting but not later than 70 days from the receipt of the notice of appeal, unless the parties by mutual consent exlend the bme frame for the Board's decision until a subseq'Jent meeting. Section 4-502.8: An appbcationInoti of appeal of appeal of any decision of the City, as provided In Section 4-501, may be mitiated by the appI1cant or any person granted party status wdhln 14 days of the decision. SUch appIlcation shaD be filed with the City Clerk m a form specified by the Commumty Development Coordinator ldentIfymg with spedficity the basis for the appeal and accomparued by a fee as reqwred by SedJon 4-202.E. The fiIlng of an appIicationfnot of appeal shall stay the effect of the decision pencfmg the final detenmnalJon of the case. A. APPEUANT AND AGENT INFORMATION: APPEUANTNAIIE. ~~~ ~c.e"" ~ ~m€~+- MAlUNGADORESS: ~ i?l,\~~0\Q~ D.,,+~~C:lf~~ 3?'/&,~ PHONE NUMBER: t2 d-/ )- ~/.-q fo?1 ') FAX NUMBER: ":) , I, AGENT NAME. :e.J FAX NUMBER' >z d-I- '-i:4l? -<303to PHONE NUMBER: J'd.-l ---YL\3 - d-"3c.o9 B. APPEAL INFORMATION CHECK THE SPECIAC APPEAL ~ to the Commumtv DeveloDment BeanJ OY Orders, requuemenls, decisions or deterrmnatJOns made by an admmlSlratJve official m the admmJslration of the Community Development Code, except for enforcement actions o AdmInlSlJative i1lh::lptetmor1s of the Community DewIopment Code a lew!I One (FIelabIe Standard Development and Mimmum Standard) approval decisions (J 0emaIs of any pennit or license ISSUed under the provisions of the Communlly DeweIoprnent Code Q Any denials deemed to have occurred as result of the failure of the Community Development CoordInalor to act wdhm the time Iimtls provided m this Community Development Code . , , Appeals to a heannq officer o DeciSIons of the Commumty Development Board regarding Level Two approvals o DecISions of the Community Development Board regarding Level One approvals o OTHER (as allowed by Code) ADDRESS OF SUBJECT APPEAL (If applicable) SPECIFIC CASE NUMBER TO BE APPEALED (If applicable) DATE OF DECISION C. BASIS OF APPEAL: ExplaIn In detail the baSIS for the appeal Use acJdlbonal sheets If necessary ~<2- 9 -X~~\ol~ II ~'l D. SIGNATURE: I, the undersigned, acknowledge that all representations made In thiS application are true and accurate to the best of my knowledge I I STATE OF FLORIDA, COUNrv OF PINEllAS r;" i1:- Swom to and subscnbed before me thIS ..:.L...- day of ~~ A.D 20 to and/or by . ~~\..c...~-L. s personally 1m s produced Identlficatlon ~~~/O N~pool~. ~ My commissIOn expires Pr IS, 'd-OO'J ",lIf", S IPtannlng DepartmenMppllcatlon Formsvtevelopment rewew'AppeaI AppllCa1/on 2002.doC {."i30 '.~ MY COMMISSION # DD 233928 ~ ~E EXPIRES August 15, 2007 "'J.;r F' rlI Bonded Thru Notary Public Underwnters 'fl",t1\ ExhIbIt "A" to Appeal ApphcatIOn ThIS IS an appeal of the method used by the CIty of Clearwater Plannmg Staffm deterrmmng the maxmmm allowable densIty aVaIlable to a gIVen SIte VIa the Transfer of Development RIghts (TDR) process When calculatmg the number of allowable/transferable dwellmg/roommg umts no roundmg up of numbers IS consIdered WIth tills current calculatIOn as provIded m the example below, both the property owner and the CIty end up losmg thousands of dollars m development potential and revenues For example 190 Brightwater Drive Property consists of .312 acres. Land use allows 30 dwelling units per acre. 30 x .312 = 9.36 units allowed. (9 units max per City of Clearwater - no rounding up) The TDR process limits the number of units that can be transferred to the site at 20% of the permitted development potential of the site. .20 x 9 = 1.8 units of additional density transferable to site. Per City Staff's interpretation, a maximum of one (1) unit may be transferred to this site for a total of 10 units on site. The CIty of Clearwater Planmng Staff does not recognIze the 8 as a umt, therefore the developer IS lrrmted to a maxrmum transfer of one (1) unIt to the SIte for a total of 10 umts By not roundmg up the final number (1 8) the property owner forfeIts thousands of dollars m development potentIal and the CIty loses addItIonal revenue that would be generated by the allowance ofthe one (1) addItIonal unIt (Even If the TDR calculatIOn came to 1 99, the maxImum allowable umts that could be transferred, per the CIty of Clearwater Planmng Staff, are one (1) unIt) By companson, the CIty of St Petersburg rounds up the fmal number, WhICh would allow the same SIze SIte to enJoy a total of 11 dwellmg umts wltilln that munIclpahty Weare askmg that the Commumty Development Board consIder tlus current mterpretatIOn by CIty Staff to not round up m theIr calculatIOn and to consIder not only the thousands of dollars lost to the property owner but to the CIty as well m the way of revenue LETTER OF AUTHORIZATION This letter will serve as authorizatIon for Housh Ghovaee with Nortbside Engineering Services, Inc. to act as an agent fo~ ') \ 1}tc-' \\\'6 cf:.. CJ -fti"f'UJaj ~- L.lC.-- (Property Owner's Name) And to execute any and all documents related to secunng permits and approvals for the constructIon on the property generally located on the \0..0 ~\~~~, ~\(\)€_ ,Iyingwithin ~ ~rope Location) &5 County, Stat: of Rex,'&:.. \\p\c"f'ct f2cqen, ~C-0l (~ gna of Property Owner Pnnt Name of PrGperty Owner A L\.)\"'i\ t6: \\\'6 '0 Q _ cPC}fc\,\10)~~ \ ,Q.U\)( (fI,/lfl 5\~ -Cy-\tc,? Address of Property Owner Telephone Number c..,''-t-1R \ 1)eQ(' "'" ,F\ '2:\ tc& I City/Staf /lip Code ( State of He ,irieL County o;V\"'\\P \\('.,~ The foregoing Instrument was acknowledge before me thiS tct,.th- day ~ n ~F\Ce, ce- Tu...J:f\ of..\J2Ce'Mbtx. 20()~ ~~~\{~"T'd \<-.pC{~. as\h\~ "I' . who s personally known to me or 0 has produted ,..- ,LJL as IdentIfication an Id (did not) take an oath. ~ ....... " - DEBRA ANN HARRIS ; lft,At-"'! :p.q~" I;ll COMMISSION # OD 233928 , ~*. .~ t. X?\RES August 15. 2.007 ~h. "-:"0.,.-$/ 1\l"'lfJ3'J 11UU Notarf PtiiIc llnd9IWftl8fS 'f),IlLII ,'" - Notary Public (SEAL ABOVE) Ig ature) Commission # ~ J.-~3ld{( ,~ ~. \0 it 'D~'-..a~,\t, '~Name of Notary Typed, Pnnted or Stamped) Page 1 of 1 Fierce, Lisa From: Tarapanl, Cyndl Sent: Monday, March 08, 2004 2 33 PM To. 'Debra Hams' Cc: Fierce, Lisa Subject: RE TDR calculation Deb1a-I did get your letter and we are p1epallng a response Then you can attach your letter and our response to the appeal appl1cat:1on As we discussed Fnday, tlus will be scheduled f01 the Apr1l20 CDB Thanks Cyndl Tarapam Planrung Dltector (727)562-4547 cyncl1 tarapam@MyClearwater com -----Onglnal Message----- From: Debra Hams [mallto:debra@northsldeenglneenng.com] Sent: Monday, March 08,200412:43 PM To: Tarapanl, Cyndl Subject: TDR calculation Cyndl, FYI - earlier today I dropped off a letter to your attentIon asking for an official interpretation of the TDR 20% calculation process Our client IS eagerly awaiting a response so that we can continue With the appeal process as we discussed last week Thanks for all of your help I Debra Hams 3/812004 CL W CoverSheet " ..' APP2004-00002 . Date Received: 03/05/2004 ZONING DISTRICT: LAND USE: ATLAS PAGE: PLANNER OF RECORD: L F Receipt #: 1200400000000002348 Date: 03/05/2004 3/5/2004 113458AM Line Items. Case No Tran Code Description Revenue Account No Amount Paid APP2004-00002 Appeals Fee - ResIdentIal 010-341262 Lme Item Total: 10000 $100.00 Payments: " Method Payer Bank No Account No Confirm No How Received Amount Paid Check TWIN PALMS OF CLEARWATER Jmc LLC 1033 In Person 100 00 Payment Total: $100.00 N ~ ~ ~ ~ ~ ~ THIS IS NOT A PERMIT. This IS a receipt for an application for a permit This application Will be reviewed and you Will be notified as to the outcome of the application cRecelpl 'PI Page I of I t-, .. cmlGtNAL CDB Meetmg Date Case Number Agenda Item Appellant Agent Apnl 20, 2004 APP2004-00002 Fl Roland Rogers Housh Ghovaee CITY OF CLEARWATER PLANNING DEPARTMENT ST AFF SUMMARY OF EVENTS GENERAL INFORMATION: REQUEST: Appeal of an mterpretatIOn of SectIOn 4-1402 wIth regard to how to calculate the maXImum densIty/mtensIty of the penmtted development potentIal and allowable transfer of development nghts, of any gIven sIte BACKGROUND: The Planmng DIrector met wIth Housh Ghovaee of NorthsIde Engmeenng ServIces, Inc (agent for appellant) to explam an mterpretatIOn of the Code wIth respect to calculatmg densIty/mtensIty A letter was later sublTIltted to the Planmng Department by Debra Hams of NorthsIde Engmeenng ServIces, Inc requestmg an mterpretatIOn of SectIOn 4-1402 of the Code (Allocated Development RIghts are Freely Transferable) (The Planmng Department's mterpretatIOn letter was prepared after the appeal was submItted, but IS consIstent WIth the conversatIOn WIth the applIcant) ThIS appeal IS not speCIfIc to a subject SIte Attached IS the letter requestmg the mterpretatIOn (ExhIbIt "A"), the Planmng Department's response (mterpretatIOn) (ExhIbIt "B") and the Appeal applIcatIOn (ExhIbIt "C") SubsectIOns 4 and 5 are applIcable to thIS case as follows 4-14024 For parcels recelvmg densuy/mtenslty transferred from a deslgnated envlronmental, open space, archaeologlcal, hlstoncal or archuecturally slgnificant slte, denslty/mtenslty may not exceed 20 percent of the pennltted development potentlal of the sUe prwr to the transfer 4-14025 For parcels located wlthm an area deslgnated Central Busmess D1Strlct (CBD) or Commumty Redevelopment Dlstnct (CRD) on the Countywlde Future Land Use Plan map or parcels governed by approved redevelopment or speczal area plans, a slte may only recelve denslty/mtenslty transferred from wlthm the CBD, CRD, redevelopment plan area or speczal area plan dlstnct, and may not exceed the otherwlse appllcable maxlmum denslty/mtenslty by 20 percent provzded that the governmg plan makes speclftc provlswn for the use of transfer of development nghts In addItIOn to these Code sectIOns, It IS Important to understand how denSIty IS calculated as prOVIded m Code sectIon IS 3-902 ComprehensIve Plan DensItIes/IntensItIes SubsectIOn D states Staff Report - Commumty Development Board - Apnl 20, 2004 - Case APP2004-00002 - Page 1 . - i 3-902 D When calculating the lot area and/or densIty/intensIty of a property, the total of eIther number shall not be rounded up to the next whole number ThIS proVIsIOn means that densItIes/mtensItIes are whole numbers and not fractions (e.g. 1 99 dwelhng umts IS equal to one dwelhng umt) DensIty/mtensIty for any SIte IS hrruted to the maXImum development potential perrrutted by the Future Land Use Element of the ComprehensIve Plan The consIstent land use categones are enumerated under each of the 14 zomng dIstncts wIthm the Commumty Development Code The maxImum development potential IS expressed as maXImum dwelhng umts per acre of land or maXImum floor area ratIol1mpervIOus surface ratio In order to determme maXImum development potential, the followmg example shows each step m the calculatIOn 1) Calculatmg: lot area 20,000 square foot lot dIVIded by 43,560 (one acre) = 0 459 acres, 2) Calculatmg densIty/mtensIty SIte area = 0 459 acres multIphed by 30 dwelhng umts (perrrutted densIty per acre) = 13 774 dwelhng umts, thIS IS rounded down to 13 dwelhng umts perrrutted WhICh represents the maXImum development potential of the SIte, and 3) Calculatmg: maXImum densIty/mtenSIty WIth TDR process MaXImum perrrutted densIty = 13 dwellmg umts (maxImum development potential of the SIte) multIphed by 20 percent transfer = 26, thIS IS rounded down to a maxImum of two umts to be transferred, the overall densIty perrrutted based on maXImum development potential IS 15 total dwelhng umts The pomts of dIsagreement between the appellant's agent and Staff are m the way densItyl1ntensIty IS rounded down as Illustrated m #2 and #3 above The Code specIfIcally prohIbItS roundmg up to the next whole number (e g 1 1 through 1 99 still equals one dwellmg umt) Roundmg up may artifICIally mflate the densIty and may exceed the maXImum development potentIal as regulated by zomng dIstnct and land use category APPEAL PROCESS: SectIon 4-501 A 1 of the Commumty Development Code states that the Commumty Development Board has the authonty to hear appeals from admImstratIve mterpretatIons of the development code The fIlmg of an apphcatIOn/nOtIce of appeal shall stay the effect of the deCISIOn pendmg the fmal determmatIon of the case The City Attorney's offIce has opmed that, based on recent htIgatIOn, the case shall be legally noticed and placed on the next aVailable Commumty Development Board (CDB) agenda The CDB shall reVIew the apphcatIOn, the recommendation of the Commumty Development Coordmator, conduct a quasI-JudIcIal pubhc heanng on the apphcatIon and render a declSlon m accordance WIth the proVIsIons of SectIon 4-206 D The Board may grant the appeal, grant the Staff Report - CommunIty Development Board - Apnl 20, 2004 - Case APP2004-00002 - Page 2 appeal subject to specIfIed condItIons or deny the appeal (ThIS IS a modIfIcatIOn from Code SectIon 4-504 B that states that the appeal shall be placed on the consent agenda of the next scheduled meetIng of the CDB and removed only by a vote of at least four members of the Board) In order to grant an appeal (overturnIng or modIfYIng the deCISIon under appeal), the CDB shall fInd that, based on substantIal competent eVIdence presented by the applIcant or other party, all of the follOWIng cntena are met 1) The deCISIon appealed from, mIsconstrued or Incorrectly Interpreted the prOVISIOns of the CommunIty Development Code, and 2) The deCISIOn WIll be In harmony WIth the general Intent and purpose of the CommunIty Development Code, and 3) The deCISIon WIll not be detnm tal to the publIc health, safety and general welfare J /l' ~ Prepared by PlannIng Department Staff v(M ATTACHMENTS ExhIbItS S \Pla/llllllg Departmen^C D /J\APPEALS\CalculatlOn of maxu/lum density APP2004-00002\CalculatlOn of MaxImum demlty - CDB Appeal Staff Report doc Staff Report - Commumty Development Board - AprIl 20, 2004 - Case APP2004-00002 - Page 3 ~ gUUaUffQ,.Q, ~6g~~LoF 71ft. """"<:>-, ~~~~ ~....cu~~~~j:)'X" ~lS"" I ~...~~ ~~~,} //!jJ~ljn-'" ~ ':. tjC":l.~- # . 00;:('1 ~r::~ - ~~ ..rt' - - ~~ ':.?~.. - ,"~..'" ~~~;~-U'"j~~..~ ....~.p-"')1TE~,~:f~,1 #-171"'" CITY OF CLEARWATER LoNG RANGE PlANNING DEVELOPMENT REviEW PLANNING DEPARTMENT POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUllnING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAX (727) 562-4576 Apnl 9, 2004 Ms Debra A Hams NorthsIde Engmeenng ServIces, Inc 601 Cleveland Street, SUite 930 Clearwater, FL 33755 Re CalculatIon of MaXImum Density - Zomng InterpretatIon Letter Dear Ms Hams The purpose of thIS letter IS to respond to your request for an mterpretatIon of SectIOn 4-1402 of the Commumty Development Code wIth regard to calculatIOn maXImum densIty/mtensIty under the Transfer of Development RIghts (TDR) provlSlons for any gIven SIte Both Code SectIon 4-14024 and 4-1402 5 are relevant and restnct densIty/mtensIty transferred to a maXImum of 20 percent of the permItted development potentIal of the SIte pnor to the transfer Code SectIon 3-902 D states that when calculatmg the lot area and/or densIty/mtensIty of a property, the total of eIther number shall not be rounded up to the next whole number As an example, thIS means that should the densIty calculatIOn result m 13 77 dwellIng umts (or some other fractIOn) the densIty would be equal to the rounded down whole number or 13 dwellIng umts Addmg 20 percent densIty through the TDR process would result m two addItIonal dwellIng umts (13 dwellmg umts multIplIed by 0 2 transferred densIty = 2 6, thIS IS rounded down to two addItIonal umts, the resultmg densIty wIth TDR would equal 15 dwellmg umts) Your appeal case WIll be revIewed by the Commumty Development Board on Apnl 20, 2004 Please contact me a 7-562-4561 wIth any questIons S \Pla1l111llg Departmellf..C D B\APPEALS\Calr ulatwll ofmaxl/llum demlty APP2004-0000Z\call ulatlllg mQJCl/IlUm demlty - lIIterpretatwIIletter dOL BRIAN J AUNGS1, MAYOR-COMMISSIONER WHITNEY GRAY, VICE MAYOR-COMMl~SIONFR HoYr HAMILTON, COMMISSIOI\ER FRANK HIBBARD, COMMISSIONeR * Bill JONSON, COMMISSIONFR "EQUAl EMPI OYMFN r A.ND ArFIRMATIVE ACTION EMPI OYFR" ') .. 1J~~ ~i.1\~~!-OF 7/(rff~ ..~'.I..,~,i"'iP ~h~ !~ ~~ I t#i~,..."" ~C3$-.-,\ '/ I ~ ~ ';. '~n~- tJ ~OO::C"" '"'r.::':."::=""" ~Ili ~~~ ~~ ":.,Y..6+- JJ'~1.' -.;:~$;~LO~\~~' ""~~TE~,t#__t1 '~1J11 CITY OF CLEARWATER LoNG RANGE PLANNING DEVELOPMENT REvIEW PIANNING DEPARTMENT POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTI.E AVENUE, CLEARWATER. FLORIDA 33756 TELEPHONE (727) 562-4567 FAX (127) 562-4576 Apn121,2004 Mr Housh Ghovaee NorthsIde Engrneerrng ServIces, Inc 601 Cleveland Street, Smte 930 Clearwater, Flonda 33781 RE Development Order regardrng case APP2004-00002 - CalculatIOn of MaXImum DensIty/IntensIty Dear Mr Ghovaee ThIS letter constrtutes a Development Order pursuant to SectIOn 4-206 D 6 of the Commumty Development Code On Apnl 20, 2004, the Commumty Development Board (CDB) revIewed your appeal of the an admrmstratrve rnterpretatron of Sectron 4-1402 WIth regard to how to calculate the maXImum densIty/rntensIty of the penrutted development potentral and allowable transfer of development nghts, of any gIven SIte, under the proVISIOns of Sectron 4-501 of the Commumty Development Code The Commumty Development Board demed the appeal applIcatron because the appellant dId not show complIance WIth all of the followmg cntena 1) The deCISIOn appealed from mrsconstrued or rncorrectly rnterpreted the provIsIOns of the Commumty Development Code, and 2) That the deCISIon WIll be rn harmony WIth the general mtent and purpose of the Commumty Development Code, and 3) WIll not be detnmental to the publIc health, safety and general welfare The rnterpretatIOn by the Plannmg DIrector (as prOVIded rn the letter to Debra Hams on Apnl 9, 2004) was confirmed unammously by the members of the CDB An appeal of the CDB deCISIOn must be ImtIated wIthrn 14 days of the date of the deCISIon by the Board The appeal penod for your case wIll expIre on May 4, 2004 If you have any questrons, please call LIsa FIerce, ASSIstant Plannrng DIrector, at 727-562-4561 CynthIa Tarapam, AICP Plannrng DIrector Cc LeslIe Dougall-SIdes, ASSIstant CIty Attorney S \PLanlllng Department\C D B\APPEALS\CaLcuLatlOn of maxl/Ilum density APP2004-00002\CaLcuLatloll of maximum demlty DeveLopment Order doc BRIAN J AUNGST, MAYOR-COMMISSIONER WHITNEY GRAY, VICE MAYOR-COMMISSIONER HOYT HAMIlTON, COMMISSIONLR FRANK HIBBARD, COMMISSIONrR * Bill JONSON, COMMISSIONFR "EQUAl EMPIOYMFNf AND MFIRMATIVF AC110N EMPI OYFR"