08/18/2009
COMMUNITY DEVELOPMENT BOARD MEETING MINUTES
CITY OF CLEARWATER
August 18, 2009
Present: Nicholas C. Fritsch Chair
Jordan Behar Board Member
Frank L. Dame Board Member
Doreen DiPolito Board Member
Richard Adelson Board Member
Brian A. Barker Board Member
Norma R. Carlough Acting Board Member
Absent: Thomas Coates Vice Chair
Also Present: Gina Grimes Attorney for the Board
Leslie Dougall-Sides Assistant City Attorney
Michael L. Delk Planning Director
Gina Clayton Assistant Planning Director
Patricia O. Sullivan Board Reporter
The Chair called the meeting to order at 1:00 p.m. at City Hall, followed by the Invocation
and Pledge of Allegiance.
To provide continuity for research, items are in agenda order although not
necessarily discussed in that order.
C. APPROVAL OF MINUTES OF PREVIOUS MEETING: July 21, 2009
Member Behar moved to approve the minutes of the regular Community Development
Board meeting of July 21, 2009, as recorded and submitted in written summation to each board
member. The motion was duly seconded and carried unanimously.
D. CONTINUED ITEMS: (Items 1-2)
1. Case: APP2009-00002 – 1520 McMullen-Booth Road
Owner: Goral Tov, Ltd.
Appellant: Todd Pressman
Agent: Todd Pressman (P.O. Box 6015, Palm Harbor, FL 34684; phone: 727-804-1760;
fax: 1-888-977-1179)
Location: 20.169 acres located at the southwest corner of McMullen-Booth Road and
State Road 590
Atlas Page: 274A
Zoning: Commercial (C) District
Request: An appeal from a Level One (Comprehensive Sign Program) approval decision
pursuant to Community Development Code Section 4-502.A, that the requested additional
attached sign as a Comprehensive Sign Program is inconsistent with the Non-Residential
Attached Sign review principles as set forth in Community Development Code Sections 3-
1806.B.3.a.i and ii; and the Comprehensive Sign Program review principles as set forth in
Community Development Code Sections 3-1807.C.1.a and b
Community Development 2009-08-18 1
Existing Use: Retail Sales and Services
Neighborhood Associations: Clearwater Neighborhoods Coalition and Del Oro Groves Estates
Presenter: Matthew Jackson, Planner II
See Exhibit: Staff Report APP2009-00002 2009-08-18.
Member Behar moved to accept Matthew Jackson as an expert witness in the fields of
zoning, site plan analysis, code administration and planning in general. The motion was duly
seconded and carried unanimously.
Planner II Matthew Jackson reviewed the staff report. He said most shopping centers on
McMullen-Booth Road are set back from the street. The City never allows signage on the rear of
buildings.
Todd Pressman, agent for the Bayside Bridge Plaza, reviewed the proposal to attach
lighted signage to the rear portion of the building that angles toward McMullen-Booth Road. He
described the sign, stating it would be visible to northbound traffic. He said shopping center
tenants are disadvantaged by the site’s unique topography; storefront signage cannot be seen
from McMullen-Booth Road due to a steep slope and landscaping. He presented photographs
taken from street level that show only the top of the center is visible. He said the sign could be
redesigned to meet staff objections. He said typical signage does not work in this location.
Discussion ensued. It was stated that the shopping center has monument signs on SR
590 and McMullen-Booth Road. In response to a question, Mr. Pressman said the monument
sign on McMullen-Booth Road is internally lit at night. It was said that staff had not misconstrued
nor incorrectly interpreted provisions of the Community Development Code as signage on the
rear of a building is not permitted.
Member Dame moved to deny the appeal, Case APP2009-00002, and affirm the Staff’s
development order denying the application based on the evidence and testimony presented in
the application, the Staff Report and at today’s hearing, and hereby adopt the Staff’s Findings of
Fact and Conclusions of Law stated in the Staff Report. The motion was duly seconded and
carried unanimously.
2. Level Three Application
Case: TA2009-01004 Amendments to the Community Development Code
Applicant: City of Clearwater, Planning Department
Request: Amendments to the Community Development Code to create a new Resort Attached
Dwellings use in the Tourist District, and to establish criteria addressing accessory uses for
overnight accommodations in the Commercial and Tourist Districts
Neighborhood Association: Clearwater Neighborhoods Coalition
Presenter: Lauren Matzke, Planner III
See Exhibit: Staff Report TA2009-01004 2009-08-18.
Assistant Planning Director Gina Clayton reviewed proposed amendments and staff’s
inspection of the site plans for new midsize hotels and those approved for construction. That
analysis indicates that interior accessory uses at midsize limited service hotels typically occupy
no more than 3% of the building gross floor area: 1) 2.11% of floor area at Ambiance on Kendall
Community Development 2009-08-18 2
Street; 2) 2.16% of floor area at Holiday Inn Express on Coronado; 3) 2.98% of floor area at
Fairfield (off the beach); 4) 4.5% of floor area at downtown Residence Inn; 5) proposed 14% of
floor area at Cabana Club on Sand Key; and 6) proposed 15.94% of floor area at Shepard’s
Concern was expressed that flag accessory use requirements vary. It was
recommended that the Code specify hotel accessory uses. Ms. Clayton said the Code defines
accessory uses. Lobbies, vending and ice machine rooms, hotel laundries, and guest rooms
are not considered accessory uses. Pool and outdoor dining areas are exempt from the limit.
Examples of interior accessory uses include meeting space, spas, workout rooms, and
breakfast areas. Some concerns in the Cedar Wood letter of opposition reference resort
amenities rather than those at a midsize hotel with a more residential feel. Assistant City
Attorney Leslie Dougall-Sides said the Code lists examples of accessory uses. It was felt that
the definition for “accessory use” is subjective and will make interpretation difficult.
Four people spoke: One supported the Resort Attached Dwellings use in the Tourist
District. One expressed concern that hotels have difficulty filling rooms midweek and need
more space for accessory uses. One recommended that staff meet with flags regarding
amenity requirements and consider traveler expectations. He stated that a beach location has
higher construction costs, higher room rates, longer stays, and tourists that require more
amenities than they would on the highway. He also said that hotels need to fill rooms with
wedding guests, etc. during the off season. One said parking requirements for additional
accessory uses would be too expensive to construct and encouraged increasing base limits to
at least 10% of building gross floor area.
Ms. Clayton discussed requirements should accessory uses exceed 5% of building
gross floor area at midsize beach hotels developed with density reserve units. She said this
amendment establishes Beach by Design criteria which limit accessory uses at hotel projects
that benefit from hotel density reserve units. Beach by Design intends midsize hotels with
limited amenities to be for guests, not to attract outside business. Planning Director Michael
Delk said staff had met with hotel operators while working on this amendment. Limits are not
intended to be a penalty. He reviewed staff efforts to establish the 1,385-unit hotel density
reserve, which was developed to replace approximately 3,000 beach motel units lost to
condominium construction, not to increase beach trip generation related to accessory uses.
Accessory use limits do not affect resort properties. Design guidelines will be reviewed at a City
Council Work Session in September.
Discussion ensued regarding the importance of room count, flag requirements for
amenities, and the difficulty in operating independent properties. Concern was expressed that
excessive restrictions would discourage new developers. It was noted that height and setbacks
are flexible. It was felt that the City wants to attract tourists to affordable beach hotels with
sufficient amenities. Support was expressed for staff to seek opinions from the professional
hotel community and flag developers regarding accessory use space requirements.
Member Behar moved to recommend approval of Case TA2009-01004 based on the
evidence and testimony presented in the application, the Staff Report and at today’s hearing,
and hereby adopt the Findings of Fact and Conclusions of Law stated in the Staff Report with
one condition: 1) After additional research, staff provide the City Council with information
regarding flag requirements for accessory uses. The motion was duly seconded and carried
unanimously.
Community Development 2009-08-18 3
E. CONSENT AGENDA: The following case is not contested by the applicant, staff, neighboring
property owners, etc. and will be approved by a single vote: (Item 1)
1. Case: LUZ2009-06001 – 2337 Gulf-to-Bay Boulevard Level Three Application
Owner/Applicant: Lokey Oldsmobile, Inc.
Agent: E.D. Armstrong III, Esquire and Johnson, Pope, Bokor, Ruppel & Burns, LLP (PO
Box 1368, Clearwater, FL 33757; phone: 727-461-1818; fax: 727-462-0365
Location: 0.613 acre located on the south side of Gulf-to-Bay Boulevard approximately
1,090 feet west of Edenville Avenue
Atlas Page: 299A
Zoning: Mobile Home Park (MHP) District
Request: 1) Future Land Use Plan amendment approval for one parcel located at 2337 Gulf-to-
Bay Boulevard (Parcel Number 18-29-16-00000-310-0710), to change from Residential Medium
(RM) category to Commercial General(CG) category; and 2) Zoning Atlas amendment approval
to change from Mobile Home Park (MHP) District to Commercial (C) District under the
provisions of Section 4-602 and Section 4-603
Proposed Use: Vehicle Sales/Display
Neighborhood Association: Clearwater Neighborhoods Coalition
Presenter: Cate Lee, Planner II
See Exhibit: Staff Report LUZ2009-06001 2009-08-18.
Member Behar moved to approve Case LUZ2009-06001 on today’s Consent Agenda
based on evidence in the record, including the application and the Staff Report, and hereby
adopt the Findings of Fact and Conclusions of Law stated in the Staff Report, with conditions of
approval as listed. The motion was duly seconded and carried unanimously.
F. LEVEL THREE APPLICATIONS: (Item 1)
1. Level Three Application
Case: TA2009-01002 Amendments to the Community Development Code
Applicant: City of Clearwater, Planning Department
Request: Amendments to the Community Development Code to bring consistency between the
Countywide Plan Rules and the Community Development Code, and address off-street parking
for overnight accommodations in the Tourist District, docks, site visibility triangles, site lighting,
design standards for parking lots and parking garages, off-street loading and vehicle stacking
spaces, hearing officer appeals, and transferred development rights
Neighborhood Association: Clearwater Neighborhoods Coalition
Presenter: Lauren Matzke, Planner III
See Exhibit: Staff Report TA2009-01002 2009-08-18.
Ms. Clayton reviewed amendments related to docks. Staff presented CDB (Community
Development Board) recommendations to the City Council, which then requested additional
CDB input related to docks. Harbormaster Bill Morris reported that reflective tape is required on
docks and on tie poles, which must be outside navigation channels. Tie poles are difficult to
light.
Community Development 2009-08-18 4
Discussion ensued. Concerns were expressed that amendments do not establish
parking spaces for compact cars nor reduce additional width requirements for spaces abutting
walls or columns. Ms. Clayton said the next Code rewrite will limit to 48 inches the height of
fences and landscaping in sight triangles on waterfront properties.
Member Dame moved to recommend approval of Case TA2009-01002 based on the
evidence and testimony presented in the application, the Staff Report and at today's hearing,
and hereby adopt the Findings of Fact and Conclusions of Law stated in the Staff Report with a
recommendation regarding Ordinance 8043-09 to strike parking requirement five on page 32,
which requires one-foot of additional width for parking spaces that abut a wall or a column. The
motion was duly seconded and carried unanimously.
F. DIRECTOR'S ITEM: (Item 1)
1, Historic Designation Process
Ms. Clayton reported in September, the CDB will consider its first case related to the
historic designation process.
G. ADJOURN
The meeting adjourned at 3:03 p.m.
~~
Ch 'r
Community Development Board
Community Development 2009-08-18
5
EXHIBIT: STAFF REPORT APP2009-00002 2009-08-18
CDB Meeting Date: July 21, 2009
Case Number: APP2009-00002
Agenda Item: D. 1.
Owner/Applicant: Goral, Tov Ltd.
Agent: Todd Pressman
Addresses: 1520 McMullen Booth Road
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
GENERAL INFORMATION:
REQUEST: An appeal from a Level One (Comprehensive Sign Program) approval
decision pursuant to Community Development Code Section 4-502.A,
that the requested additional attached sign as a Comprehensive Sign
Program is inconsistent with the Non-Residential Attached Sign review
principles as set forth in Community Development Code Sections 3-
1806.B.3.a.i and ii; and the Comprehensive Sign Program review
principles as set forth in Community Development Code Sections 3-
1807.C.1.a and b.
EXISTING ZONING / Commercial (C) District.
LAND USE: Commercial General (CG) Category.
PROPERTY USE: Current Use: Retail Sales and Service
Proposed Use: Retail Sales and Service
ADJACENT ZONING North: Institutional (I) Office
/ LAND USE: Office (O) Districts
South: Industrial/ Research Commercial Storage
and Technology (IRT) District
East: Pinellas County Retail
West: Medium High Density Attached Dwellings
Residential (MHDR) District
UPDATE:
The applicant has requested that the development proposal be postponed from the Community
Development Board (CDB) meeting of July 21, 2009. It is anticipated that the development proposal will
be before the Board at its meeting of August 18, 2009.
Prepared by Planning Department Staff: __________________________________________
Matthew J. Jackson, Planner II
ATTACHMENTS:
Resume
??
S:\Planning Department\C D B\Appeals\McMullen Booth 1520 Bayside Bridge Plaza (C)\Staff Report 07-21-2009 Continuance.doc
Community Development Board – July 21, 2009
APP2009-00002 – Page 1
EXHIBIT: STAFF REPORT APP2009-00002 2009-08-18
Matthew Jackson
100 South Myrtle Avenue
Clearwater, FL 33756
(727) 562-4836
matthew.jackson@myclearwater.com
PROFESSIONAL EXPERIENCE
??
Planner II
City of Clearwater, Clearwater, Florida October 2008 to present
Regulate growth and development of the City in accordance with land resource ordinances and
regulations related to community development. Landscape plan review including: conceptual, and
variance. Reviews and analyzes site plans and conducts field studies to determine the integrity of
development plans and their compatibility with surroundings. Interdepartmental and zoning
assistance. Respond as a City representative to citizens, City officials, and businesses concerning
ordinances and regulations. Make recommendations and presentations at staff level at various review
committees, boards, and meetings.
??
Planner
Calvin, Giordano and Associates May 2005 to Dec 2007
Fort Lauderdale, FL
Project manager for various development applications such as plat, site plan, rezoning and variances.
In-depth government agency, in-house and client coordination to ensure that the projects maintained
submittal schedules stayed within budget constraints and attained approval. Schedule and lead project
kick-off meetings, ensure municipal project conditions were resolved, produce supporting documents
and conduct site visits. Research and prepare due diligence reports including subject matter such as
zoning, land uses, density, available public utilities and land development costs. Member of
emergency mitigation committee formed to prepare and mitigate for natural or man-made disasters
affecting Calvin, Giordano and Associates and local municipalities.
??
Manager
Sep 1999 to Dec 2004
Church Street Entertainment
Orlando, FL
Supervised and managed daytime and nighttime operations of a bar and nightclub entertainment
complex including 100+ staff. Conducted hiring and training operations including security and
inventory control. Managed and reconciled nightly gross revenues as well as preparing and delivering
deposits. Assisted in taking inventory and preparing weekly inventory orders, marketing and special
events.
EDUCATION
??
MA in Urban and Regional Planning, Florida Atlantic University, Fort Lauderdale, Florida.
Graduated May, 2007
??
BA in Urban and Regional Planning, Rollins College, Winter Park, Florida.
Graduated May, 2004
Community Development Board – July 21, 2009
APP2009-00002 – Page 2
EXHIBIT: STAFF REPORT TA2009-01004 2009-08-18
CDB Meeting Date: August 18, 2009
Case Number: TA2009-01004
Ordinance Number: 8044-09
Agenda Item: D2
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
TEXT AMENDMENT
REQUEST: Amendments to the Community Development Code to create a new
Resort Attached Dwellings use in the Tourist District, and to establish
criteria addressing accessory uses for overnight accommodations in
the Commercial and Tourist Districts.
INITIATED BY: City of Clearwater Planning Department
BACKGROUND:
Tourism is an important aspect of the City of Clearwater’s economy and identity. The City
understands that tourists have a variety of preferences for the types of facilities they want to stay
in when visiting the City. The City has demonstrated through the creation of Beach by Design
and subsequent amendments to the plan that it recognizes the need for “destination resorts” as
well as “small and mid-size hotel rooms” to serve this population. This broad range of
accommodations types creates the unique character and atmosphere that is Clearwater Beach. In
order to accommodate those visitors that prefer a limited resort-type accommodation with a
residential feel and density, a new resort attached dwelling use is proposed to be created within
the Tourist District to accommodate this niche market. Modern hotels of all sizes provide their
guests with a variety of amenities, including restaurants, exercise rooms, meeting facilities, and
sundries shops. The City desires to establish limitations on the overall floor area dedicated to
such accessory uses in order to bring further clarification to accessory uses, to address the
parking demands created by such uses, and to provide guidance on when a grouping of uses
exceeds what is considered accessory to the primary use for the purposes of calculating
development potential. The proposed amendments address accessory uses for overnight
accommodations in both the Tourist and Commercial Districts.
ANALYSIS:
Proposed Ordinance No. 8044-09 includes amendments addressing the items listed above.
Below please find a description of each proposed amendment.
Community Development Board – August 18, 2009
TA2009-01004 – Page 1
EXHIBIT: STAFF REPORT TA2009-01004 2009-08-18
1. Resort Attached Dwellings Use
[Pages 8, 11 and 12 of Ordinance]
The proposed amendments to the Community Development Code include a new use called
“resort attached dwellings”. This new use is allowed only in the Tourist District and is
limited to residential density of 30 units per acre. This language mirrors that of the attached
dwellings use, with the addition of criteria for limited accessory uses. Accessory uses are
allowed, but their area cannot exceed 10 to 15 percent of the building footprint, and no
exterior signage is permitted.
2. Proposed Accessory Uses Requirements for Hotels in the Commercial and Tourist
Districts Approved through the DRC
[Pages 4, 7 and 8 of Ordinance]
The proposed amendments establish new flexibility criteria for accessory uses contained
within overnight accommodations in the Commercial and Tourist Districts. Accessory uses
must be incidental, subordinate, and customarily accessory to overnight accommodations.
The proposed amendment also establishes a maximum floor area for those accessory uses
located within the building interior, limiting them to 10 percent of the gross floor area of the
development. Since the City of Clearwater is a beach community, outdoor activities are
important, especially within the Tourist District. By only placing a limit on interior
accessory uses, other accessory uses such as outdoor pools and tiki bars are exempt from this
new limit. Signage for accessory uses must be subordinate to and incorporated into the
primary signage for the overnight accommodation use, and is limited in area.
Within the Tourist District, however, the maximum floor area for accessory uses within a
project that receives additional density from the Hotel Density Reserve (Reserve) established
in Beach by Design is limited to 5 percent of the gross floor area. Eligibility to receive
rooms from the Reserve requires that a project incorporate, meet and/or abide by certain
criteria, including that accessory uses should be consistent with the amenities typical of a
mid-size/limited service hotel (Beach by Design, 55). Additionally, developments that have
received additional density from the Destination Resort Density Pool in Beach by Design are
exempted from the new requirements because the intent of the Destination Resort Density
Pool was to create larger resorts, and required a certain level of accessory uses be
incorporated into the projects (Beach by Design,50).
3. Proposed Accessory Uses Requirements for Hotels in the Commercial and Tourist
Districts Approved through the CDB
[Pages 4, 10 and 11 of Ordinance]
For projects processed through the Flexible Development process, proposed provisions
would allow approval of up to 15 percent of the gross floor area for accessory uses if parking
is provided at the level required for the most intensive accessory use(s) for the portion of
accessory uses that exceeds 10 percent. Where a particular use within the District might have
a range of required parking, the lowest number of spaces required by the parking standard
will be used to calculate the required parking, since the parking standard for the primary use
(overnight accommodations) already assumes some limited amount of accessory uses.
Accessory uses must still be incidental, subordinate, and customarily accessory to overnight
accommodations. However, if the floor area dedicated to accessory uses within the interior
Community Development Board – August 18, 2009
TA2009-01004 – Page 2
EXHIBIT: STAFF REPORT TA2009-01004 2009-08-18
of the structure exceeds 15 percent of the building gross floor area, then all of the interior
accessory uses are considered additional primary uses when determining allowable density
and intensity for the site.
Within the Tourist District, projects that request additional rooms from the Hotel Density
Reserve (Reserve) established in Beach by Design and propose interior accessory uses that
comprise between 5 percent and 15 percent of the building gross floor area must calculate
their density to remove this percentage from their development potential. Staff research has
shown that the overall floor area dedicated to accessory uses within the small and mid-size
hotels desired through Beach by Design is generally consistent with the proposed lower
threshold of 5 percent. Some hotel projects may want to provide additional amenities to their
guests; the balance between allowing a limited amount of additional accessory uses and
accomplishing the goals set forth in Beach by Design can be achieved through the application
of this proposed provision.
Consistent with the Flexible Standard Development provisions, developments that have
received additional density from the Destination Resort Density Pool in Beach by Design are
exempted from the new requirements because the intent of the Destination Resort Density
Pool was to create larger resorts with a greater amount of amenities for their guests.
CRITERIA FOR TEXT AMENDMENTS:
Community Development Code Section 4-601 sets forth the procedures and criteria for
reviewing text amendments. All text amendments must comply with the following:
1. The proposed amendment is consistent with and furthers the goals, policies and
objectives of the Comprehensive Plan.
A review of the Clearwater Comprehensive Plan identified the following Goal, Objective,
and Policy which will be furthered by the proposed Code amendments:
Goal A.6 The City of Clearwater shall utilize innovative and flexible planning and
engineering practices, and urban design standards in order to protect historic
resources, ensure neighborhood preservation, redevelop blighted areas, and
encourage infill development.
Objective A.6.6 Tourism is a substantial element of the City’s economic base and as such
the City shall continue to support the maintenance and enhancement of
this important economic sector.
Policy A.6.6.1 The City supports and encourages the continued development and
redevelopment of overnight accommodation uses.
Community Development Board – August 18, 2009
TA2009-01004 – Page 3
EXHIBIT: STAFF REPORT TA2009-01004 2009-08-18
Findings
The proposed amendments are consistent with the Comprehensive Plan for several reasons. The
addition of the flexibility criteria addressing accessory uses in overnight accommodations
continues to encourage the development of hotels within the City of Clearwater. Similarly, the
creation of the new resort attached dwellings use provides another option for development on
certain parcels within the Tourist District. The proposed amendments encourage the
development of a variety of room types in which tourists can elect to stay.
2. The proposed amendment furthers the purposes of the Community Development Code
and other City ordinances and actions designed to implement the Plan.
The proposed text amendment will further the purposes of the Community Development
Code in that it will be consistent with the following purposes set forth in Section 1-103:
Section 1-103.B. It is the purpose of this Community Development Code to create value
for the citizens of the City of Clearwater by:
1. Allowing property owners to enhance the value of their property
through innovative and creative redevelopment;
2. Ensuring that development and redevelopment will not have a
negative impact on the value of surrounding properties and wherever
practicable promoting development and redevelopment which will
enhance the value of surrounding properties; and
3. Strengthening the city’s economy and increasing its tax base as a
whole.
Section 1-103.E.2 Protect the character and the social and economic stability of all parts of
the City through the establishment of reasonable standards which
encourage the orderly and beneficial development of land within the
City
Section 1-103.E.3 Protect and conserve the value of land throughout the city and the value
of buildings and improvements upon the land, and minimize the
conflicts among the uses of land and buildings.
Findings
These amendments are consistent with the Community Development Code because they enhance
property values by encouraging a variety of redevelopment projects including a mixture of
accessory uses within overnight accommodations and the development of resort attached
dwelling structures. Establishing criteria for overnight accommodations accessory uses
promotes development and redevelopment while ensuring that additional uses are of a reasonable
size. Continuing to encourage tourism strengthens the City’s economy. The standards
established by these amendments protect and enhance community character through the orderly
and beneficial development of land.
Community Development Board – August 18, 2009
TA2009-01004 – Page 4
EXHIBIT: STAFF REPORT TA2009-01004 2009-08-18
SUMMARY AND RECOMMENDATION:
The proposed amendments to the Community Development Code are consistent with and will
further the goals of the Clearwater Comprehensive Plan and the purposes of the Community
APPROVAL
Development Code. Based upon the above, the Planning Department recommends
of Ordinance No. 8044-09 that amends the Community Development Code.
Prepared by Planning Department Staff: __________________________________________
Lauren Matzke, Planner III
ATTACHMENT:
??Ordinance No. 8044-09
S:\Planning Department\Community Development Code\2009 Code Amendments\TA2009-01004 - Resort Dwellings\Staff Reports\Ordinance No
8044-09 CDB Staff Report 2009 08-12.doc
Community Development Board – August 18, 2009
TA2009-01004 – Page 5
EXHIBIT: STAFF REPORT LUZ2009-06001 2009-08-18
CDB Meeting Date: August 18, 2009
Case Number: LUZ2009-06001
Owner/Applicant: Lokey Oldsmobile, Inc.
Address: 2337 Gulf to Bay Boulevard
Agenda Item: E-1
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
BACKGROUND INFORMATION
REQUEST:
(a) Future land use plan amendment from the Residential
Medium (RM) Classification to the Commercial
General (CG) Classification.
(b) Rezoning from the Mobile Home Park (MHP) (MHP)
District to the Commercial (C) District.
SITE INFORMATION
PROPERTY SIZE:
26,702 square feet or 0.613 acres
PROPERTY USE:
Current Use: Vehicle Sales/Display
Proposed Use: Vehicle Sales/Display
PLAN CATEGORY:
Current Category: Residential Medium (RM)
Proposed Category: Commercial General (CG)
ZONING DISTRICT:
Current District: Mobile Home Park (MHP)
Proposed District: Commercial (C)
EXISTING
North: Vehicle Sales/Display, Office, Restaurant, and
SURROUNDING USES:
Attached Dwellings
West: Vehicle Sales/Display, Office
South: Mobile Homes
East: Vehicle Sales/Display, Office and Mobile Homes
Community Development Board – August 18, 2009 - Case LUZ2009-06001 -Page 1 of 10
S:\psulliva\CDB - Community Development\0809 Exhibit Staff Report LUZ2009-06001 2009-08-18.docx
ANALYSIS:
This future land use plan amendment and rezoning application involves property comprising
approximately 0.613 acres in area located on the south side of Gulf to Bay Boulevard,
approximately 1,090 feet west of Edenville Avenue and approximately 1,740 feet east of Belcher
Road. This property has a future land use plan classification of Residential Medium (RM) and a
zoning designation of Mobile Home Park (MHP). The applicant is requesting to amend the
future land use plan classification of the site to the Commercial General (CG) classification and
to rezone the property to the Commercial (C) District. The amendments will make the future
land use plan and zoning atlas consistent with the actual use of the property since 1995, as well
as the parcels to the east and west, which are under the same ownership. The property consists
of an approximately 20,000 square foot vehicle display area, and approximately 6,000 square
foot pervious surface (detention area and landscape islands). The property is located along an
arterial street and is 280 feet deep.
Historically the parcel was used to gain access to Hillcrest Mobile Home Park (MHP) to the
south. Second Street, a private street within the Park, connected to Gulf to Bay Boulevard via
the parcel. In January 1990 Lokey Oldsmobile, Inc. acquired the entire Hillcrest Mobile Home
Park (MHP) and shortly after removed the existing mobile homes from the subject parcel and
closed off access between it and the rest of the Park. Lokey Oldsmobile, Inc. had acquired the
parcel to the east in 1988, while the parcel to the west has been an automobile dealership since
1959. In 1995 the subject parcel was approved for a Conditional Use (CU#95-37) to permit
outdoor retail sales and/or storage of vehicles (the existing use on the contiguous parcels to the
east and west). In 1996 Lokey Oldsmobile, Inc. declared a Unity of Title between the subject
parcel and the adjacent parcel to the east and to the west. Currently, there is no cross-access
between Hillcrest Mobile Home Park (MHP) and the subject parcel. A detention area in the
southeast portion of the parcel, as well as a concrete wall extending nearly the entire length of
the parcel, serve as buffers.
It should also be pointed out that the current Residential Medium (RM) designation is
incompatible with the Mobile Home Park (MHP) District. Approving the proposed future land
use plan designation and zoning designation will bring the subject property into conformance
with the Comprehensive Plan and Community Development Code. Although no plans have been
submitted, the future land use plan amendment and rezoning make redevelopment of the parcel
possible, in conjunction with the parcels to the east and west that are joined by a Unity of Title.
In accordance with the Countywide Plan Rules, the future land use plan amendment is subject to
approval by the Pinellas Planning Council and Board of County Commissioners acting as the
Countywide Planning Authority. Based on the requested density, review and approval by the
Florida Department of Community Affairs is required.
Community Development Board – August 18, 2009 - Case LUZ2009-06001 - Page 2 of 10
S:\psulliva\CDB - Community Development\0809 Exhibit Staff Report LUZ2009-06001 2009-08-18.docx
I. CONSISTENCY WITH THE CITY’S COMPREHENSIVE PLAN [Section 4-
602.F.1 and Section 4-603.F.1 and 2]
Recommended Findings of Fact
Applicable Goals, Objectives and Policies from the Clearwater Comprehensive Plan in support
of the proposed land use plan amendment are as indicated below:
A.2.2.1 Policy - Land Uses on the Comprehensive Land Use Plan Map shall generally be
interpreted as indicated in the following table. The intensity standards listed in the table
(FLOOR AREA RATIO – floor area ratio; ISR – impervious surface ratio) are the
maximum allowed for each plan category, except where otherwise permitted by special
area plans or redevelopment plans approved by the City Council. Consequently,
individual zoning districts, as established by the City’s Community Development Code,
may have more stringent intensity standards than those listed in the table but will not
exceed the maximum allowable intensity of the plan category, unless otherwise permitted
by approved special area plans or redevelopment plans.
Plan Classification Primary Uses Per Plan Max. Density/Intensity Consistent Zoning
Category Per Plan Category Districts
Residential Medium Moderate to High Density 15 Dwelling Units Per Medium Density
(RM) Residential Acre; FAR 0.50; ISR 0.75 Residential (MDR);
Medium High Density
Residential (MHDR)
Commercial General Office; Retail; Personal 24 Dwelling Units Per Commercial (C);
(CG) Service; Overnight Acre; 40 Overnight Office (O)
Accommodations; Accommodation Units Per
Wholesale; Warehouse Acre; FAR 0.55; ISR 0.90
A.3 Goal – The City of Clearwater shall ensure that all development or redevelopment
initiatives meet the safety, environmental, and aesthetic needs of the City through
consistent implementation of the Community Development Code.
A.6.2 Objective – The City of Clearwater shall continue to support innovative planned
development and mixed land use development techniques in order to promote infill
development that is consistent and compatible with the surrounding environment.
A.6.2.1 Policy - On a continuing basis, the Community Development Code and the site plan
approval process shall be utilized in promoting infill development and/or planned
developments that are compatible.
A.6.2.2Policy - Encourage land use conversions on economically underutilized parcels and
corridors, and promote redevelopment activities in these areas.
B.1.4 Objective - The City shall specifically consider the existing and planned LOS on the road
network affected by a proposed development, when considering an amendment to the
land use map, rezoning, subdivision plat, or site plan approval.
The proposed amendment is consistent with the Comprehensive Plan for several reasons. The
current Mobile Home Park (MHP) zoning is incompatible with the future land use plan
designation of Residential Medium (RM) according to the Comprehensive Plan (see Policy
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A.2.2.1). By amending the future land use plan, the property achieves Goal A.3, which aims to
ensure that all development is subject to consistent implementation of the Community
Development Code. Through this amendment, the parcel also becomes consistent with the
adjacent parcels to the east and west that are under common ownership. Achieving consistent
zoning among the three parcels may encourage redevelopment of this underutilized property
along a vital commercial corridor.
Recommended Conclusions of Law
The existing use developed on the site is compatible with the surrounding area. Land uses within
the surrounding area include vehicle sales/display, offices, restaurants, attached dwellings, and
mobile homes. In addition to the use being compatible, the proposed plan amendment also
brings consistency between the future land use plan designation and the zoning designation. The
proposed plan amendment is not in conflict with any Clearwater Comprehensive Plan Goals,
Objectives or Policies, and is consistent with the Clearwater Comprehensive Plan.
II. CONSISTENCY WITH COUNTYWIDE PLAN
Recommended Findings of Fact
The purpose of the proposed Commercial General (CG) category, as specified in Section
2.3.3.5.4 of the Countywide Rules, is to depict those areas of the County that are now developed,
or appropriate to be developed, in a manner designed to provide community and countywide
commercial goods and services; and to recognize such areas as primarily consistent with the
need, relationship to adjoining uses and with the objective of encouraging a consolidated,
concentrated commercial center providing for the full spectrum of commercial uses.
The requested future land use plan category is appropriate due to the location of the subject
parcel on the south side of Gulf to Bay Boulevard, between Belcher Road and Old Coachman
Road, across the street from and between two parcels with the Commercial General (CG) future
land use plan category. The use of the parcel is consistent with the purpose of the Commercial
General (CG) classification.
Recommended Conclusions of Law
The proposed plan amendment is consistent with the purpose and locational characteristics of the
Countywide Plan; therefore, the proposed amendment is consistent with the Countywide Plan.
III. COMPATIBILITY WITH SURROUNDING PROPERTY/CHARACTER OF THE
CITY & NEIGHBORHOOD [Section 4-602.F.2 and 3 and Section 4-603.F.3]
Recommended Findings of Fact
The subject property is located on the south side of Gulf to Bay Boulevard, between Belcher
Road and Old Coachman Road. This area has a variety of land uses. To the north across Gulf to
Bay Boulevard, are automobile dealerships with a future land use plan classification of
Commercial General (CG) and a Commercial zoning designation. This classification permits 24
dwelling units per acre and a floor area ratio of 0.55. The Commercial (C) designation primarily
permits office, overnight accommodation, retail, and restaurant uses.
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To the immediate north, east and west are automobile dealership uses. The parcels to the east
and west are part of the Saturn dealership, while the parcel to the north is a Chrysler and Jeep
dealership. All have a future land use plan classification of Commercial General (CG) and a
Commercial (C) zoning designation. This classification permits 24 dwelling units per acre and a
FLOOR AREA RATIO of 0.55. The Commercial designation primarily permits office,
overnight accommodation, retail sales, and restaurant uses.
To the immediate south is a Mobile Home Park (MHP) use with a future land use plan
classification of Residential Medium (RM) and a Mobile Home Park (MHP) zoning designation.
This classification permits 15 dwelling units per acre and a floor area ratio of 0.50. The Mobile
Home Park (MHP) designation primarily permits residential uses.
Farther to the north and west, along Gulf-to-Bay Boulevard, are restaurant, office, overnight
accommodations and retail uses, all contributing to the general character of the area as a
commercial corridor. The properties farther to the south and east contain a variety of uses, with
mobile homes being the most dominant. However, this area also contains office, overnight
accommodations and retail sales uses.
The Commercial General (CG) and Commercial (C) boundaries are appropriately located along
Gulf to Bay Boulevard. This request will eliminate the legal nonconforming use on the site.
This request is compatible with the surrounding area and does not conflict with the needs and
character of the area. Also, this request will not adversely or unreasonably affect the use of the
property in the area.
Recommended Conclusions of Law
The proposed future land use plan classification and zoning designation are in character with the
overall future land use plan categories in the area. The amendment is compatible with the
Residential Medium (RM) future land use plan designation to the south and consistent with the
Commercial General (CG) classification to the east, west and north across Gulf to Bay
Boulevard.
The proposed amendments are compatible with surrounding uses and consistent with the
character of the immediate surrounding area and neighborhood.
IV. SUFFICIENCY OF PUBLIC FACILITIES [Section 4-602.F.5 and Section 4-
603.F.4]
Recommended Findings of Fact
The overall subject site is approximately 0.613 acres (26,702 square feet) in area and is
developed as a vehicle sales/display use. The Residential Medium (RM) future land use
designation permits 15 dwelling units per acre for residential uses. Under this current future land
use plan category, nine dwelling units are permitted. The proposed Commercial General (CG)
classification permits a floor area ratio of 0.55. Under the proposed Commercial General (CG)
category, 14,686 square feet could be potentially constructed on this site. The current Mobile
Home Park (MHP) zoning designation primarily permits residential use. The proposed
Commercial zoning designation primarily permits retail sales and services, offices, restaurants
and overnight accommodations.
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Roadways
The accepted methodology for reviewing the transportation impacts of the proposed plan
amendment is based on the Pinellas Planning Council’s traffic generation guidelines. The
Pinellas Planning Councils’s traffic generation rates have been calculated for the subject site
based on the existing and proposed Future land use plan categories and are included in the
following table.
MAXIMUMPOTENTIAL TRAFFIC
Gulf to Bay Boulevard – Belcher Road to Old Current Existing Proposed Net New
12
Coachman Road Situation Plan Plan Trips
Maximum Daily Added Potential TripsN/A59285226
3
Maximum PM Peak Hour Added Potential TripsN/A62721
Volume of Gulf to Bay Boulevard – Belcher Road 53,50053,44153,50059
to Old Coachman Road
LOS of Gulf to Bay Boulevard – Belcher Road to F F F F
Old Coachman Road
N/A = Not Applicable LOS = Level-of-Service
1 = Based on PPC calculations of 96 trips per acre per day for the Residential Medium (RM) Future Land Use Category.
2 = Based on PPC calculations of 465 trips per acre per day for the Commercial General (CG) Future Land Use Category.
3 = Based on MPO K-factor of 0.095.
Specific uses in the current and proposed zoning districts have been analyzed for the number of
vehicle trips that could be generated based on the Institute of Transportation Engineer’s Trip
th
Generation 8 Edition.
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Hotel Rooms/ Net Change of PM Net Change
Square Footage/ Daily Average Daily PM Trips Peak of PM Peak
Uses Residential Units Trips Trips Trips
Trips Average Rate
Existing MHP
District / RM Maximum
FUTURE LAND
Development
USE PLAN Potential
Existing Mobile
1
Home Park (MHP)
3
9 units 45 N/A 0.59 5 N/A
(4.99 trips/unit)
Existing Use and
Proposed C District/ Maximum
CG FUTURE LAND
Development
USE PLAN Potential
2
New Car Sales
4
14,686 sf 490 445 2.59 38 33
(33.34 trips/1,000 sf gfa)
th
1 = Institute of Transportation Engineer’s Trip Generation 8 Edition Land Use 240
th
2 = Institute of Transportation Engineer’s Trip Generation 8 Edition Land Use 841
3 = Dwelling units per acre permitted by the underlying RM FUTURE LAND USE PLAN category is 15.
4 = Total gross floor area ratio permitted by the underlying CG FUTURE LAND USE PLAN category is 0.55.
The 2008 Transportation Level of Service (LOS) manual from the Pinellas County Metropolitan
Planning Organization assigned the Gulf to Bay Boulevard facility from Belcher Road to US 19
(and the segment from Belcher Road to Old Coachman Road) a Level of Service of F. The
traffic analysis above compares the expected traffic generated by the existing zoning district
(Mobile Home Park (MHP)) of the subject property and the maximum development potential
allowed by the existing use (vehicle sales) and proposed Commercial (C) District and
Commercial General (CG) future land use plan designation. Based on the Institute of
Transportation Engineers Trip Generation Manual, new car sales developed at the absolute
maximum intensity, 14,686 square feet, in the Commercial District would result in 38 PM Peak
trips to Gulf to Bay Boulevard. The existing zoning district, Mobile Home Park (MHP), only
results in 5 PM Peak trips to Gulf to Bay Boulevard. However, the property is already being
used for new car sales and hasn’t been used as a Mobile Home Park (MHP) since Lokey
Oldsmobile, Inc. bought the property in 1990. In this situation the current use is the proposed
use, even though the current zoning district is Mobile Home Park (MHP).
Mass Transit
The Citywide LOS for mass transit will not be affected by the proposed plan amendment. The
total miles of fixed route service will not change. The subject site is located directly on the mass
transit route along Gulf to Bay Boulevard.
Water
The current Future land use plan category could use up to 2,344 gallons per day. Under the
proposed Future land use plan category, water demand could approach approximately 818
gallons per day. Since this is a decrease in use, the City’s current LOS for water will not be
negatively impacted.
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Wastewater
The current Future land use plan category could produce up to 2,109 gallons per day. Under the
proposed Future land use plan category, sewer demand could approach approximately 654
gallons per day. Since this is a decrease in use, the City’s current LOS for wastewater will not
be negatively impacted.
Solid Waste
The current Future land use plan category could generate 23 tons of solid waste per year. Under
the proposed FUTURE LAND USE PLAN category, 68 tons of solid waste could be generated
per year. The City of Clearwater Solid Waste Department has confirmed that the proposed land
use will not negatively affect the City’s current LOS for solid waste.
Recreation and Open Space
Due to the fact that the site is developed, the payment of Open Space, Recreation Land and
Recreation Facility impact fees will not be required at this time. Should the site be redeveloped,
the fees will be required prior to the issuance of a building permit.
Recommended Conclusions of Law
Based upon the findings of fact, it has been determined that the traffic generated by this plan
amendment will not result in the degradation of the existing LOS to the adjacent roads beyond
the requirements of the City’s Comprehensive Plan. Further, there will be no impact to water,
wastewater, and solid waste service since the existing and proposed use are the same. Should the
parcel be redeveloped, it will be subject at that time to public facility concurrency requirements.
Open space and recreation facilities and mass transit will not be affected by the proposed future
land use plan category.
V. IMPACT ON NATURAL ENVIRONMENT [Section 4-603.F.5.]
Recommended of Findings of Fact
No wetlands appear to be located on the subject site. This property is developed as an
automobile dealership and has trees located in landscape islands and perimeter buffers.
Recommended Conclusions of Law
Based on current information, no wetlands appear to be located on the subject site. The intent of
the new buyer is to legalize a non-conforming use primarily for possible future redevelopment.
The site is currently developed. Any redevelopment would require compliance with the City’s
tree preservation and storm water management requirements.
VI. LOCATION OF DISTRICT BOUNDARIES [Section 4-602.F.6.]
Recommended Findings of Fact
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The location of the proposed Commercial (C) District boundaries is consistent with the
boundaries of the subject property, which is generally rectangular. The proposed Commercial
(C) District is compatible with the surrounding mixture of uses.
The location of the proposed Commercial District boundaries is logical and consolidates this
property into the appropriate zoning district. The Commercial zoning district is consistent with
the adjacent C zoning district to the immediate north, east and west; it is also compatible with the
MHP zoning district located to the immediate south.
Recommended Conclusions of Law
The district boundaries are appropriately drawn in regard to location and classifications of
streets, ownership lines, existing improvements and the natural environment.
VII. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT
CODE AND CITY REGULATIONS [Section 4-602.F.1]
The proposed Commercial General (CG) future land use plan designation permits a floor area
ratio of 0.55 while the existing Residential Medium (RM) designation permits a slightly less
intensive floor area ratio of 0.50. The 0.90 impervious surface ratio of the proposed Commercial
General (CG) designation is an increase from the current Residential Medium (RM) designation
imperious surface ratio of 0.75. However, the current development of the property already
exceeds the 0.75 impervious surface ratio (approximately 21,700 square feet of the parcel is
pavement). The subject property does not meet the minimum required lot area (40,000 square
feet) and lot width (200 feet) for the vehicle sales/display use in the Commercial (C) District.
However, when combined with the parcels to the east and west under the existing unity of title, it
exceeds these requirements (the parcels are approximately 4.73 acres in lot area and 737 feet in
lot width). Therefore, the parcel meets the size requirements of the proposed Commercial
General (CG) designation and the existing use of vehicle sales/display is permitted in the
Commercial District.
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SUMMARY AND RECOMMENDATIONS
An amendment of the future land use plan from the Residential Medium (RM) classification to
the Commercial General (CG) classification for the subject site and rezoning from the Mobile
Home Park (MHP) to the Commercial District is requested. The proposed site is developed as
display space and parking lot for the adjacent automobile dealership. The request would bring
existing uses into conformance. The subject property does not meet the minimum required lot
area and lot width for the Vehicle Sales/Display use in the Commercial District; however, when
combined with the parcels to the east and west under the existing Unity of Title, it exceeds these
requirements. A mix of nonresidential and residential uses characterizes the surrounding area.
The proposed future land use plan amendment is compatible with the existing area.
The proposed Commercial General (CG) future land use plan more closely represents the actual
use of the parcel, and is consistent with both the City and the Countywide Comprehensive Plans,
Countywide Rules, is compatible with the surrounding area, does not degrade public services
below acceptable levels, is compatible with the natural environment and is consistent with the
development regulations of the City.
Approval of this land use plan amendment does not guarantee the right to develop on the
subject property.
Transportation concurrency must be met, and the property owner will have to
comply with all laws and ordinances in effect at the time development permits are requested.
Based on the above analysis, the Planning Department recommends the following actions on the
request:
ACTION:
APPROVAL
a) Recommend of the Future land use plan amendment from the Residential
Medium (RM) Classification to the Commercial General (CG) Classification;
APPROVAL
b) Recommend of the rezoning from the Mobile Home Park (MHP) District to
the Commercial District;
Prepared by Planning Department staff: _______________________________
Cate Lee, Planner II
Attachments:
Resume Existing Surrounding Use Map
Application Site Photographs
Location Map
Aerial Photograph of Site and Vicinity
Future Land Use Plan Map
Zoning Map
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EXHIBIT: STAFF REPORT TA2009-01002 2009-08-18
CDB Meeting Date: August 18, 2009
Case: TA2009-01002
Ordinance No.: 8043-09
Agenda Item: E2
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
TEXT AMENDMENT
REQUEST: Amendments to the Community Development Code to bring
consistency between the Countywide Plan Rules and the
Community Development Code, and address off-street parking
for overnight accommodations in the Tourist District, docks, site
visibility triangles, site lighting, design standards for parking lots
and parking garages, off-street loading and vehicle stacking
spaces, hearing officer appeals, and transfer of development
rights.
UPDATE: The Community Development Board (CDB) reviewed the
proposed text amendment at its meeting of June 16, 2009. The
Board unanimously recommended the amendment for approval,
with exception to the sections addressing docks, site visibility
triangles, and design standards for parking lots and parking
garages.
The Planning Department recommended to the City Council that
action be taken on the ordinance as proposed. The Island Estates
Neighborhood Plan Objective 2.a. states “Preserve water views
by restricting the height of fences and structures in the
waterfront yard and by maintaining established side building
setbacks, rear building setbacks and site triangles.” The existing
Community Development Code language is consistent with this
Plan. Additionally, proposed language addressing parking space
design where columns adjoin a space is intended to clarify
existing Section 3-1402.A which states “… Parking space
dimensions shall be revised where necessary to provide safe and
efficient vehicular movement where columns, walls or other site
conditions impede maneuverability or vision.”
This item was continued by the City Council at its July 16, 2009
meeting with the request that staff incorporate a maximum
length limitation within the proposed amendments for docks.
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This change was substantive and required a change to the
ordinance title, and is therefore being brought back to the
Community Development Board for review. Council is seeking
comment and recommendation by the Board on the new Dock
provisions (see pages 23-26 of revised Ordinance 8043-09).
The ordinance has been revised to reflect the Council’s
recommendation; however, the staff report has not been changed.
Major changes to Ordinance 8043-09 include:
Docks, boatlifts and service catwalks that serve single-family or
two-family dwellings:
??
Establishes maximum length of 250 feet and limits the
distance tie poles can project beyond docks (Section 3-
601.C.1.b).
??
Creates two-tier approach to deviations, including
requirement that any request for deviation to the 250 foot
maximum be considered by the Community Development
Board, and only under certain conditions including
environmental constraints (Section 3-601.C.1.g).
??
Exempts properties on the east side of Clearwater Harbor
adjacent to the mainland from certain deviation limits
because of shallow water depths in the area (Section 3-601-
C.1.g.iv).
Commercial Docks:
??
Establishes maximum length of 250 feet and limited the
distance tie poles can project beyond docks (Section 3-
601.C.3.h.ii).
??
Includes additional requirements for deviation requests,
such as incorporating language similar to the County’s
variance criteria (Section 3-601-C.3.i).
??
Exempts properties on the east side of Clearwater Harbor
adjacent to the mainland from certain deviation limits
because of shallow water depths in the area (Section 3-601-
C.3.i.vi).
INITIATED BY: City of Clearwater Planning Department
BACKGROUND:
Countywide Plan Rules Article 3, Division 3.2, require that land development regulations
be consistent with the criteria and standards set forth in the Countywide Rules. In
keeping with this requirement, in 2007 the Pinellas Planning Council (PPC) reviewed
community development codes of all Pinellas County municipalities to compare their
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EXHIBIT: STAFF REPORT TA2009-01002 2009-08-18
codes with the Countywide Plan Rules. These reviews resulted in consistency reports
indicating areas of the Code that may be inconsistent with the Countywide Plan Rules.
The Planning Department met with PPC staff to review the Clearwater Consistency
Report and come to an agreement as to which amendments were necessary to address the
PPC’s concerns. These amendments address those consistency issues as well as other
issues identified as part of the annual code update process. Suggested amendments have
been collected from the Planning Department, Engineering Department, Marine and
Aviation, and the City Attorney’s Office. Staff discussions occurred to make certain that
the amendments are workable and not in conflict with other City codes and processes.
The amendments improve the administration of the Code or regulations imposed, in order
to better reflect City development patterns and improve internal processes.
ANALYSIS:
The Planning Department is recommending a total of 45 amendments to the Community
Development Code. Some amendments present a change in current policy or a new
policy. Other amendments are editorial in nature or are refinements to existing
Community Development Code sections.
Please find below a summary of the most noteworthy proposed amendments organized by
Code Article. A brief summary of other amendments is also provided herein, and a
complete summary of amendments is attached. Also attached is Ordinance No. 8043-09
which includes all of the specific amendments. Within the ordinance document, text that
is underlined indicates proposed language and text containing strikethroughs indicate
deletions.
Article 2 – Zoning Districts
Permitted Uses Location
??(Chart 2-100 of Ordinance, Pages 14,15, 20, 21 and 22)
Ordinance No. 8043-09 provides an updated summary use chart, which correctly
indicates where land uses are permitted within zoning districts. This chart provides
an at-a-glance understanding of what uses are permitted and where they are
permitted.
The Outdoor Recreation/Entertainment use is proposed to be removed as an allowable
Level One permitted use in the Institutional and Preservation Districts. Public
Transportation Facilities are proposed to be removed as an allowable Level One
permitted use in the Open Space/Recreation zoning district. These proposed changes
ensure the districts’ uses are consistent with the Countywide Plan Rules.
Overnight Accommodations in the Tourist District
??(Pages 10 and 12 of
Ordinance)
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These amendments change the parking requirement for proposed Overnight
Accommodation projects within the Tourist District. The Flexible Standard
Development or Level One parking requirements for Overnight Accommodations use
is proposed to increase from 1 space per unit to 1.2 spaces per unit. A range of 1 to
1.2 spaces per unit is established for parking requirements for Overnight
Accommodations permitted through the Flexible Development or Level Two process
in the Tourist District, and flexible criteria addressing the same are added. The
amendments will ensure that overnight accommodations will provide adequate
parking for both guests and employees of the hotels, and were based on Institution of
Transportation Engineers (ITE) standards for resort hotels.
Use Limitations
??(Pages 16 – 20 of Ordinance)
This amendment applies limitations to certain uses within the Industrial, Research and
Technology (IRT) and Open Space/Recreation (OSR) districts, consistent with the
Countywide Plan Rules.
??
In the IRT district, office, vehicle service, vehicle sales/display, and major
vehicle sales/displays uses in the Industrial General (IG) future land use
designation are allowed only as accessory uses.
??
Prior to this amendment the existing size limitation for vehicle services uses in
the Industrial Limited (IL) future land use designation applied to vehicle
service uses. This amendment will limit size for major vehicle sales/displays
in both the IL and IG land use designations and vehicle service in IL.
??
This amendment also amends the size limitations for Restaurants within IL,
increasing it from 2 ½ acres to 5 acres.
??
Prior to this amendment a future land use map amendment was required for a
utility/infrastructure use in excess of 10 acres. After the amendment, future
land use map amendments will be required for utility/infrastructure uses in
excess of 5 acres.
??
Manufacturing uses in the IRT district are limited consistent with the
Countywide Plan Rules.
??
Outdoor recreation/entertainment uses in OSR are limited to golf courses and
clubhouses.
Article 3 – Development Standards
Docks
??(Pages 22 – 24 of Ordinance)
This amendment sets forth further restrictions for deviations to length requirements
for docks that serve new single-family or two-family dwellings, limiting deviations to
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EXHIBIT: STAFF REPORT TA2009-01002 2009-08-18
no more than 50 percent of the length requirements or 25 percent of the width of the
waterway, whichever is less. This same restriction is applied to commercial docks.
Additional amendments to the commercial docks section clarify that deviations will
only be considered through a Level Two approval process to minimize impacts for
environmental, navigational or recreational area issues.
Lighting within Sea Turtle Nesting Areas
??(Page 28 and 29 of Ordinance)
This amendment establishes lighting standards for light sources on Clearwater Beach
and Sand Key. The proposed standards include the consideration of positioning and
the use of shielding and low wattage bulbs as ways to reduce potential impacts on sea
turtle nests along the beaches. To be in keeping with current evidence that lighting
impacts sea turtle nesting areas, the proposed changes expand the existing language to
provide better protection, and are consistent with similar ordinances in Pinellas
County beach communities.
Parking Garage and Parking Lot Design Amendments
??(Pages 29 – 32 of
Ordinance)
This amendment provides additional design standards for parking garages. The
amendment establishes minimum clear heights throughout the garage for parking
spaces and ingress/egress drive aisles to these spaces. Minimum lighting levels for
garages with public access are set at minimum Illuminating Engineering Society
standards. The amendment also addresses parking space design when columns
project into a space. The amendment includes stacking distances when barrier gates
are used within a garage, and provides standards for the slope of ramps. The
amendment removes minimum distances between rights-of-way and the first parking
space in a parking lot.
Article 4 – Development Review and Other Procedures
Hearing Officer Appeals
??(Page 33 of Ordinance)
As requested by the Legal Department, this amendment updates the appropriate
method of recording Community Development Board meetings from audiotape
recordings to streaming video available on the City’s website. Additionally, the time
allowed for filing a motion to supplement the record is extended from 10 days to 30
days.
Transfer of Development Rights
??(Page 33 and 34 of Ordinance)
These amendments expand requirements applicable to the transfer of development
rights (TDRs) as set forth in the Countywide Future Land Use Plan. The amendments
address consistency of use characteristics between sending and receiving parcel plan
categories, restrictions on TDRs associated with the coastal storm area, and
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EXHIBIT: STAFF REPORT TA2009-01002 2009-08-18
development right restrictions on parcels in the Preservation and Recreation/Open
Space future land use plan categories.
Other Amendments
Proposed Ordinance 8043-09 includes a significant number of amendments that the
Planning Department believes will assist residents and staff but do not have major policy
implications. These amendments include:
??
Providing for an increased level of consistency among the Code, other law or
rules, including the Countywide Plan Rules and the Countywide Future Land Use
Map;
??
Clarifying the application of the sight visibility triangle by replacing images and
removing language that was unclear and applying the sight visibility triangle to all
waterfront properties;
??
Establishing a buffer requirement within the Transportation/Utility future land use
category when lands are adjacent to another land use category other than
Industrial General or Industrial Limited;
??
Replacing graphics to clarify City requirements for site lighting; and
??
Amending the definitions section with regard to “retail sales and services” and
“vehicle sales/displays” to allow the sale, retail and/or repair of bicycles within
the Commercial District, correcting the definition for “floor area ratio”, and
including definitions for “beach access point”, “Clearwater Beach”, “deflected
light”, “gross land area” and “Sand Key”.
CRITERIA FOR TEXT AMENDMENTS:
Code Section 4-601 specifies the procedures and criteria for reviewing text amendments.
Any code amendment must comply with the following.
1. The proposed amendment is consistent with and furthers the goals, policies,
objectives of the Comprehensive Plan.
Below is a selected list of goals, policies, and objectives from the Clearwater
Comprehensive Plan that are furthered by the proposed amendments to the Community
Development Code.
Policy A.2.2.8 All land use categories on the Future Land Use Map shall be
consistent with the density and intensity standards and other
standards contained in the Pinellas Planning Council Countywide
Plan Rules, including criteria and standards for nomenclature,
continuum of plan classifications and categories, use and locational
characteristics, map delineation, other standards, and special rules.
Community Development Board – August 18, 2009
TA2009-01002 – Page 6
EXHIBIT: STAFF REPORT TA2009-01002 2009-08-18
Policy H.1.1.8 The City shall coordinate with Pinellas Planning Council the
definition and calculations for mixed uses, strategies regarding
infill development, land assembly, land use conservations, and
annexations to promote redevelopment.
The proposed amendments include the addition of language ensuring the City’s
Zoning Atlas will be consistent with the Countywide Future Land Use Map.
Additional language is proposed within each zoning district to reinforce
consistency with the Countywide Plan Rules. Further limitations to any uses are
proposed consistent with the Countywide Plan Rules.
Objective A.6.6 Tourism is a substantial element of the City’s economic base and
as such the City shall continue to support the maintenance and
enhancement of this important economic sector.
Policy A.6.6.1 The City supports and encourages the continued development and
redevelopment of overnight accommodation uses.
The proposed amendments provide for enhanced parking requirements for
overnight accommodations within the Tourist District, and establish flexible
criteria for hotels depending on room size.
Objective E.2.1 The City shall continue to protect coastal wetlands, estuaries and
wildlife habitats to maintain or increase the acreage for threatened
and endangered species populations.
Objective E.2.2 Clearwater's barrier islands include natural resources which shall
be preserved from encroachment and development.
Policy F.1.3.5 Adopt and continue administering regulations providing for the
protection of threatened and endangered species and species of
special concern.
The proposed amendments include lighting standards intended to increase the
protection of sea turtles nesting on area beaches.
2. The proposed amendments further the purposes of the Community
Development Code and other City ordinances and actions designed to
implement the Plan.
The proposed text amendments include a broad range of regulations ranging from
permitted uses, standards, procedures, and definitions. The proposed amendments are
consistent with the provisions of Section 1-103 that lists the purposes of the Code.
Community Development Board – August 18, 2009
TA2009-01002 – Page 7
EXHIBIT: STAFF REPORT TA2009-01002 2009-08-18
SUMMARY AND RECOMMENDATION:
The proposed amendments to the Community Development Code are consistent with and
will further the goals of the Clearwater Comprehensive Plan and the purposes of the
Community Development Code. The amendments further those development goals
established in the Code, and existing Community Development Code provisions are
amended to better reflect City development patterns and improve internal processes.
APPROVAL
Based upon the above, the Planning Department recommends of Ordinance
No. 8043-09 that amends the Community Development Code and the Code of
Ordinances.
Prepared by Planning Department Staff: _______________________________________
Lauren Matzke, Planner III
ATTACHMENTS:
??Ordinance No. 8043-09
S:\Planning Department\Community Development Code\2009 Code Amendments\TA2009-01002 - Code V PPC
Consistency\Staff Report\Drafts\Ord No 8043-09 Code V - Revised CDB Staff Report REV 7-31-09.docx
Community Development Board – August 18, 2009
TA2009-01002 – Page 8
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Interdepartmental Correspondence Sheet
TO:
Community Development Board Members
FROM:
Robert Tefft, Development Review Manager
COPIES:
Leslie Dougall-Sides, Assistant City Attorney; Susan Chase, City Clerk Specialist;
Sue Diana, Assistant City Clerk; /Pat Sullivan, Board Reporter
SUBJECT:
DATE:
Agenda Items for August 18, 2009
August 1136, 2009
CDB packets being distributed on contain the following items:
Agenda
Site investigation form
Unapproved minutes of previous meeting July 21, 2009
Continued Items (Items 1-2)
1. Case: APP2009-00002- 1520 McMullen Booth Road
2. TA2009-01004 Amendments to the Community Development Code
Level Three Applications (Items 1-2)
1. Case: LUZ2009-06001- 2337 Gulf to Bay Blvd
2. TA2009-01002 Amendments to the Community Development Code
Signature:
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PINT NAME
S.IPlanning DepartmentlC D BlAgendas DRC & CDBICDB\2009\08 August 18,2009\1 Cover MMO 08.182009.doc
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Interdepartmental Correspondence Sheet
TO:
Community Development Board Members
FROM:
Robert Tefft, Development Review Manager
COPIES:
Leslie Dougall-Sides, Assistant City Attorney; Susan Chase, City Clerk Specialist;
Sue Diana, Assistant City Clerk; /Pat Sullivan, Board Reporter
SUBJECT:
DATE:
Agenda Items for August 18, 2009
August 1136, 2009
CDB packets being distributed on contain the following items:
Agenda
Site investigation form
Unapproved minutes of previous meeting July 21, 2009
Continued Items (Items 1-2)
1. Case: APP2009-00002- 1520 McMullen Booth Road
2. TA2009-01004 Amendments to the Community Development Code
Level Three Applications (Items 1-2)
1. Case: LUZ2009-06001- 2337 Gulf to Bay Blvd
2. TA2009-01002 Amendments to the Community Development Code
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Date:
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S:IPlannmg DepartmentlC D BlAgendas DRC & CDBICDBI2009\08 August 18,200911 Cover MMO 08.182009.doc
~ Clearwater
()
Interdepartmental Correspondence Sheet
TO:
Community Development Board Members
FROM:
Robert Tefft, Development Review Manager
COPIES:
Leslie Dougall-Sides, Assistant City Attorney; Susan Chase, City Clerk Specialist;
Sue Diana, Assistant City Clerk; /Pat Sullivan, Board Reporter
SUBJECT:
DATE:
Agenda Items for August 18,2009
August 1136, 2009
CDB packets being distributed on contain the following items:
Agenda
Site investigation form
Unapproved minutes of previous meeting July 21,2009
Continued Items (Items 1-2)
1. Case: APP2009-00002- 1520 McMullen Booth Road
2. TA2009-01004 Amendments to the Community Development Code
Level Three Applications (Items 1-2)
1. Case: LUZ2009-06001- 2337 Gulf to Bay Blvd
2. TA2009-01002 Amendments to the Community Development Code
Signature:
S.IPlanning DepartmentlC D BlAgendas DRC & CDBICDB\2009\08 August 18,200911 Cover MMO 08. 18. 2009. doc
~ Clearwater
()
Interdepartmental Correspondence Sheet
TO:
Community Development Board Members
FROM:
Robert Tefft, Development Review Manager
COPIES:
Leslie Dougall-Sides, Assistant City Attorney; Susan Chase, City Clerk Specialist;
Sue Diana, Assistant City Clerk; /Pat Sullivan, Board Reporter
SUBJECT:
DATE:
Agenda Items for August 18,2009
August 1136, 2009
CDB packets being distributed on contain the following items:
Agenda
Site investigation form
Unapproved minutes of previous meeting July 21, 2009
Continued Items (Items 1-2)
1. Case: APP2009-00002- 1520 McMullen Booth Road
2. TA2009-01004 Amendments to the Community Development Code
Level Three Applications (Items 1-2)
1. Case: LUZ2009-06001- 2337 Gulf to Bay Blvd
2. TA2009-01002 Amendments to the Community Development Code
Signature: Date:
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PRINT NAME
S:\Planning DepartmentlC D BlAgendas DRC & CDB\CDBI2009\08 August 18,200911 Cover MMO 0818.2009.doc
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Interdepartmental Correspondence Sheet
TO:
Community Development Board Members
FROM:
Robert Tefft, Development Review Manager
COPIES:
Leslie Dougall-Sides, Assistant City Attorney; Susan Chase, City Clerk Specialist;
Sue Diana, Assistant City Clerk; /Pat Sullivan, Board Reporter
SUBJECT:
DATE:
Agenda Items for August 18, 2009
August 1136, 2009
CDB packets being distributed on contain the following items:
Agenda
Site investigation form
Unapproved minutes of previous meeting July 21,2009
Continued Items (Items 1-2)
1. Case: APP2009-00002- 1520 McMullen Booth Road
2. TA2009-01004 Amendments to the Community Development Code
Level Three Applications ( Items 1-2)
1. Case: LUZ2009-06001- 2337 Gulf to Bay Blvd
2. TA2009-01002 Amendments to the Community Development Code
Signature:
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PRINT NAME
S:\Planning DepartmentlC D BlAgendas DRC & CDBlCDB\2009108 August 18, 2009\1 Cover MMO 08. 18. 2009. doc
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Interdepartmental Correspondence Sheet
TO:
Community Development Board Members
FROM:
Robert Tefft, Development Review Manager
COPIES:
Leslie Dougall-Sides, Assistant City Attorney; Susan Chase, City Clerk Specialist;
Sue Diana, Assistant City Clerk; /Pat Sullivan, Board Reporter
SUBJECT:
DATE:
Agenda Items for August 18,2009
August 1136, 2009
CDB packets being distributed on contain the following items:
Agenda
Site investigation form
Unapproved minutes of previous meeting July 21, 2009
Continued Items (Items 1-2)
" 1. Case: APP2009-00002- 1520 McMullen Booth Road
2. TA2009-01004 Amendments to the Community Development Code
Level Three Applications (Items 1-2)
"- 1. Case: LUZ2009-06001- 2337 Gulf to Bay Blvd
2. TA2009-01002 Amendments to the Community Development Code
S.IPlanning DepartmentlC D BlAgendas DRC & CDBICDB\2009\08 August 18,200911 Cover MMO 08182009.doc