FLD2008-10030, 20060 US HWY 19 N - December 16, 2008
CDB Meeting Date: December 16, 2008
Case Numbers: FLD2008-10030
Agenda Item: D1
Owner/Applicant: Congo River Golf & Exploration Co.
Representative: Ty Maxey, Engelhardt, Hammer & Associates, Inc.
Address: 20060 US Highway 19 N
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
GENERAL INFORMATION:
REQUEST: Flexible Development approval to permit modifications due to an eminent
domain taking of property for additional right-of-way for an existing
outdoor recreation/entertainment use (miniature golf) in the Commercial
(C) District with a lot area of 75,664 square feet (1.737 acres), a lot width
of 480 feet, a front (east) setback of 0.5 feet (to existing pavement), a side
(north) setback of five feet (to existing concrete putting green and
pavement), a side (south) setback of four feet (to existing pavement), a
rear (west) setback of 30 feet (to existing concrete putting green), a
building height of 25 feet (to midpoint of pitched roof) and 51 parking
spaces, as well as the allowance of a three-year time frame to submit for a
building permit, as a Comprehensive Infill Redevelopment Project, under
the provisions of Section 2-704.C and a reduction to the perimeter
landscape buffer width on the east side from 15 feet to 0.5 feet (to existing
pavement), as a Comprehensive Landscape Program, under the provisions
of Section 3-1202.G.
CURRENT ZONING: Commercial (C) District
CURRENT FUTURE LAND Commercial General (CG)
USE CATEGORY:
PROPERTY USE: Current Use:Outdoor recreation/entertainment use (miniature golf)
Proposed Use: Outdoor recreation/entertainment use (miniature golf)
EXISTING North: Commercial (C) District Overnight accommodation use
SURROUNDING ZONING South: Commercial (C) District Vehicle sales/display
AND USES: East: Commercial (C) District Automobile service station and Retail
sales and services
West: Mobile Home Park Mobile Home Park
(MHP) District
ANALYSIS:
Site Location and Existing Conditions:
The 1.737 acres is located at the southwest corner of the intersection of US Highway 19 N and Druid
Road. The site is currently improved with an outdoor recreation/entertainment use (miniature golf).
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There exists to the north an overnight accommodation use. A vehicle sales/display (Lokey) establishment is
located to the south. Across US Highway 19 N are also commercial uses, including an automobile service
station and retail sales and services. The South Gate Mobile Home Park is located to the west of this
miniature golf establishment.
Development Proposal:
Improvements are planned to US Highway 19 N for the Gulf to Bay Boulevard and Seville
Boulevard/Druid Road intersections, consisting of widening and/or constructing overpasses at these
intersections. Frontage roads within the US Highway 19 N right-of-way will provide access to the local
businesses. In order to construct some of these roadway improvements, the State of Florida Department of
Transportation (FDOT) has purchased private property through the eminent domain procedures, including
the subject property. A 5,185 square-foot, triangular-shaped portion of the subject property has been
purchased from the subject property, with the shorter leg of the triangle on the north side. This triangular
area taken is presently primarily grass and a retention area, includes a freestanding sign, but does not affect
any parking, building or miniature golf playing area. The Stipulated Final Judgment was approved August
18, 2008, and was for a total of $2,175,000 plus $356,774.50 in attorney and expert witness fees and
costs. The applicant will be relocating the sign to the southern portion of the site. The applicant intends to
continue operation of the existing outdoor recreation/entertainment use (miniature golf).
Section 6-110.B of the Community Development Code states: “In the event that an eminent domain action
renders a site nonconforming with respect to the development standards of this Code, the property shall be
required to comply with the development standards to the maximum degree physically and financially
feasible as determined by the community development coordinator. The community development
coordinator may require mitigation and/or improvements to the site that are related to the specific
conditions of the site, that adequately improve the public safety issues of the site and which implement the
purposes of this Code.”
This proposal includes a reduction to the front (east) setback along US Highway 19 N from 25 feet to 0.5
feet (to existing pavement) and a reduction to the perimeter landscape buffer width on the east side from 15
feet to 0.5 feet (to existing pavement). The acquisition of this triangular portion of the subject property
creates a nonconformity, where the required front setback and landscape perimeter buffer have been
reduced below Code requirements, and as such can remain. However, the applicant is requesting approval
of these reductions to make the property conforming to Code requirements.
The proposal includes, in fulfillment of the Comprehensive Landscape Program intent, the planting of
additional shrubs to fill in gaps in the existing buffer hedge, additional shrubs and groundcovers to enhance
this front buffer and the planting of four additional trees to meet the perimeter buffer requirements. A
building permit is required for the installation of the proposed on-site improvements. With the construction
of the right-of-way improvements, the FDOT will reconstruct and re-orient the northern driveway to the
proposed frontage road. This re-orientation creates a triangular area on the north and west side of this new
northern driveway that is existing pavement left over from the existing driveway orientation. This leftover
paved, triangular area, which is directly related to the FDOT improvements as a result of the eminent
domain taking, becomes irrelevant and should be removed, the new pavement edge curbed and it should be
landscaped with shrubs and groundcovers in a manner acceptable to the Planning Department. The site
plan should also be corrected to show the concrete truck access approach apron outside of the dumpster
enclosure on the southeast side of the enclosure.
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The applicant is requesting a three-year development order due to construction timing of the FDOT US
Highway 19 N improvements. Section 4-407 specifies that an application for a building permit must be
submitted within one year of the date the CDB approves the project, unless otherwise specified under this
approval. The applicant checked with FDOT as to their timing schedule when requesting this extended
time frame.
Floor Area Ratio (FAR): Pursuant to the Countywide Future Land Use Plan, the maximum floor area ratio
for properties with a designation of Commercial General (CG) is 0.55. There is 905 square feet of
enclosed floor area on the property. The existing FAR is 0.0112. After the eminent domain taking of the
5,185 square feet of land, the proposed FAR is 0.0119, still way below the maximum allowable FAR.
Impervious Surface Ratio (I.S.R.): Pursuant to Section 2-701.1 of the Community Development Code, the
maximum allowable I.S.R. for properties with a designation of CG is 0.95. Not including the concrete
putting greens, sidewalks and other covered areas on the site, the proposed I.S.R. is 0.308 (paved areas +
enclosed floor area), which is consistent with the Code provisions.
Minimum Lot Area and Width: Pursuant to Table 2-704 of the Community Development Code, the
minimum lot area for outdoor recreation/entertainment uses is 20,000 square feet. The subject property
after the eminent domain taking is 75,663 square feet in area. Pursuant to the same Table, the minimum lot
width for outdoor recreation/entertainment uses is 100 feet. The lot width of this site along US Highway
19 N, after the eminent domain taking, is 470 feet. The proposal is consistent with these Code provisions.
Minimum Setbacks: Pursuant to Table 2-704 of the Community Development Code, the minimum front
setback for outdoor recreation/entertainment uses can range between 15 – 25 feet, the minimum side
setback is 10 feet and the minimum rear setback can range between 10 – 20 feet. The proposal includes a
front (east) setback of 0.5 feet (to existing pavement), a side (north) setback of five feet (to existing
concrete putting green and pavement), a side (south) setback of four feet (to existing pavement) and a rear
(west) setback of 30 feet (to existing concrete putting green). The side and rear setbacks are existing and
are not the subject of this application. The reduction to the front setback from 25 feet to 0.5 feet to the
northeast corner of the existing pavement is due to the eminent domain taking. The setback to the southeast
corner of the existing pavement scales to 25 feet (to the new property line). The proposal is consistent with
reduced setbacks in similar eminent domain takings on other properties for this US Highway 19 N corridor
and is necessary for the construction of the roadway improvements.
Maximum Building Height: Pursuant to Table 2-704 of the Community Development Code, the maximum
allowable height for outdoor recreation/entertainment uses is 25 feet. The tallest building on this site is 25
feet in height to the midpoint of the pitched roof, in compliance with Code requirements.
Minimum Off-Street Parking: Pursuant to Table 2-704 of the Community Development Code, the
minimum required parking is a range between 1 – 10 parking spaces per 1,000 square feet of land area (or
as determined by the Community Development Coordinator based on ITE Manual standards), or a range of
76 - 760 parking spaces. Currently there exist 51 parking spaces, which is not proposed to change. The
existing parking has appeared to be sufficient for this use over the years and is not a subject of this
application. Prior to the issuance of the required building permit, the site plan should indicate the width
dimensions of the drive aisle and parking spaces (regular and handicap).
The southern driveway will remain in its current location with the roadway improvements. The existing
northern driveway currently accesses the Druid Road/US Highway 19 N frontage road located in a
northerly orientation. With the proposed roadway improvements, the frontage road is being moved and this
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northern driveway will be re-oriented to an east/west orientation. With this re-orientation, there is a
triangular paved area of the existing driveway that will no longer be necessary for the functioning of this
driveway. Staff recommends this triangular paved area be removed, the new pavement edge curbed and it
be landscaped with shrubs and groundcovers in a manner acceptable to the Planning Department.
Landscaping: The existing site meets the perimeter landscape buffer width requirement of a minimum of 15
feet along US Highway 19 N. As part of the eminent domain taking, the proposal includes a reduction to
the buffer width from 15 feet to 0.5 feet (to existing pavement), as part of a Comprehensive Landscape
Program. The applicant is proposing to plant additional shrubs to fill in gaps in the existing buffer hedge,
plant additional shrubs and groundcovers to enhance this front buffer and plant four additional trees to
meet the perimeter buffer requirements. This meets the intent of the Comprehensive Landscape Program,
where additional plantings exceeding minimum Code requirements are proposed to offset the areas where
minimum Code requirements are not being met. The applicant is proposing red jatropha shrubs to fill in
the hedge where there are gaps. Razzleberri fringe flower is proposed to surround the four proposed little
gem magnolia trees in areas where there is no existing tree canopy. Yellow allamanda and fountain grass
are proposed at the base of the relocated sign.
Code Enforcement Analysis:
There are no outstanding Code Enforcement issues associated with the
subject property.
COMPLIANCE WITH STANDARDS AND CRITERIA:
The following table depicts the consistency
of the overnight accommodation use proposal with the standards as per Tables 2-701.1 and 2-704 of the
Community Development Code:
Standard Proposed Consistent Inconsistent
FAR 0.55 0.0119 X
I.S.R. 0.95 0.308 (paved areas + X
enclosed floor area)
Lot Area 20,000 sq. ft. 75,663 sq. ft. X
Lot Width 100 feet 470 feet X
1
Setbacks Front: 15 – 25 feet 0.5 feet (to existing X
pavement)
2
Side: 10 feet North: Five feet (to existing X
concrete putting green and
pavement)
2
South: Four feet (to X
existing pavement)
2
Rear: 10 – 20 feet 30 feet (to existing X
concrete putting green)
Height 25 feet 25 feet (to the midpoint of X
the pitched roof)
2
Off-Street 1 – 10 parking spaces per 1,000 square 51 parking spaces X
Parking feet of land area (or as determined by
the Community Development
Coordinator based on ITE Manual
standards) (76 - 760 spaces)
1
See analysis in Staff Report
2
Existing condition and not a subject of this application
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COMPLIANCE WITH FLEXIBILITY CRITERIA:
The following table depicts the consistency of the
development proposal with the Flexibility criteria as per Section 2-704.C of the Community Development
Code (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;
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Use of architectural details such as columns, cornices, stringcourses,
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pilasters, porticos, balconies, railings, awnings, etc.;
Variety in materials, colors and textures;
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Distinctive fenestration patterns;
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Building stepbacks; and
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Distinctive roofs forms.
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e. The proposed development provides for appropriate buffers, enhanced
landscape design and appropriate distances between buildings.
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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 Section 3-913 of the Community Development Code:
Consistent Inconsistent
1. The proposed development of the land will be in harmony with the scale, bulk, X
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 X
adjacent land and buildings or significantly impair the value thereof.
3. The proposed development will not adversely affect the health or safety of persons X
residing or working in the neighborhood.
4. The proposed development is designed to minimize traffic congestion. X
5. The proposed development is consistent with the community character of the X
immediate vicinity.
6. The design of the proposed development minimizes adverse effects, including X
visual, acoustic and olfactory and hours of operation impacts on adjacent
properties.
SUMMARY AND RECOMMENDATION:
The Development Review Committee (DRC) reviewed the application and supporting materials at its
meeting of November 6, 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:
Findings of Fact:
1. 1.737 acres is located at the southwest corner of the intersection of US Highway 19 N and Druid Road;
2. The site is currently improved with an outdoor recreation/entertainment use (miniature golf);
3. Roadway improvements are planned for US Highway 19 N for the Gulf to Bay Boulevard and Seville
Boulevard/Druid Road intersections by the State of Florida Department of Transportation, consisting
of the widening and/or constructing overpasses at these intersections;
4. In order to construct roadway improvements to US Highway 19 N, the FDOT has purchased private
property through the eminent domain procedures, including a 5,185 square feet, triangular-shaped
portion of the subject property;
5. A Stipulated Final Judgment was approved August 18, 2008, for a total of $2,175,000 plus
$356,774.50 in attorney and expert witness fees and costs, for this portion of the subject property;
6. This triangular area taken is presently primarily grass and a retention area, includes a freestanding
sign, but does not affect any parking, building or miniature golf playing area;
7. The existing freestanding sign will be relocated by the applicant to the southern portion of the site;
8. The acquisition of this triangular portion of the subject property creates a nonconformity, where the
required front setback and landscape perimeter buffer have been reduced below Code requirements;
9. The applicant is requesting approval of a reduction to the front (east) setback and a reduction to the
perimeter landscape buffer width along US Highway 19 N from 25 feet to 0.5 feet (to existing
pavement) to make the property conforming to Code requirements;
10. The proposal includes, in fulfillment of the Comprehensive Landscape Program intent, the planting of
additional shrubs to fill in gaps in the existing buffer hedge, additional shrubs and groundcovers to
Community Development Board – December 16, 2008
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enhance this front buffer and the planting of four additional trees to meet the perimeter buffer
requirements;
11. The northern driveway will be re-oriented with the roadway construction, which creates, as a result of
this re-orientation, a triangular area on the north and west side of the new northern driveway that is
existing pavement left over from the existing driveway orientation. This triangular paved area becomes
irrelevant and should be removed;
12. Section 4-407 specifies that an application for a building permit must be submitted within one year of
the date the CDB approves the project, unless otherwise specified under this approval;
13. The proposal includes a request for a three-year development order due to construction timing of the
FDOT US Highway 19 N improvements; and
14. There are no outstanding Code Enforcement issues associated with the subject property.
Conclusions of Law:
1. That the development proposal is consistent with the Standards as per Tables 2-701.1 and 2-704 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; and
3. That the development proposal is consistent with the General Standards for Level Two Approvals as
per Section 3-913 of the Community Development Code.
APPROVAL
Based upon the above, the Planning Department recommends of the Flexible Development
application to permit modifications due to an eminent domain taking of property for additional right-of-way
for an existing outdoor recreation/entertainment use (miniature golf) in the Commercial (C) District with a
lot area of 75,664 square feet (1.737 acres), a lot width of 480 feet, a front (east) setback of 0.5 feet (to
existing pavement), a side (north) setback of five feet (to existing concrete putting green and pavement), a
side (south) setback of four feet (to existing pavement), a rear (west) setback of 30 feet (to existing
concrete putting green), a building height of 25 feet (to midpoint of pitched roof) and 51 parking spaces, as
well as the allowance of a three-year time frame to submit for a building permit, as a Comprehensive Infill
Redevelopment Project, under the provisions of Section 2-704.C and a reduction to the perimeter landscape
buffer width on the east side from 15 feet to 0.5 feet (to existing pavement), as a Comprehensive Landscape
Program, under the provisions of Section 3-1202.G, with the following conditions:
Conditions of Approval:
1. That application for a building permit to construct the on-site improvements be submitted no later than
December 16, 2011, unless time extensions are granted pursuant to Section 4-407 of the Community
Development Code;
2. That, prior to the issuance of the building permit, the site plan be revised to show the following:
a. the leftover paved, triangular area adjacent to the west and north of the new northern driveway be
removed, the new pavement edge curbed and this area be landscaped with shrubs and groundcovers
in a manner acceptable to the Planning Department;
b. indicate the width dimensions of the drive aisle and parking spaces (regular and handicap); and
c. correctly show the concrete truck access approach apron outside of the dumpster enclosure on the
southeast side of the enclosure.
Prepared by Planning Department Staff: __________________________________________
Wayne M. Wells, AICP, Planner III
ATTACHMENTS:
Location Map
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Aerial Map
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Zoning Map
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Existing Surrounding Uses Map
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Photographs of Site and Vicinity
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S:\Planning Department\C D B\FLEX (FLD)\Pending cases\Up for the next CDB\US Hwy 19 N 20060 - Congo River Golf (C) - 12.16.08 CDB -
WW\US Hwy 19 N 20060 Staff Report.doc
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