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LUZ2010-06001; 1475 SUNSET POINT RD; BELLEAIR DEVELOPMENT LUZ2010-06001 1475 SUNSET POINT RD Date Received: 6/1/2010 11:23:25 AM Belleair Development ZONING DISTRICT: LAND USE: ATLAS PAGE: 261A CDB Meeting Date: July 20, 2010 Case Number: LUZ2010-06001 Owner/Applicant: Bank of America/Belleair Development Group, LLC Address: A Portion of 1475 Sunset Point Road Agenda Item: EE=6 CITY OF CLEARWATER PLANNING & DEVELOPMENT DEPARTMENT STAFF REPORT BACKGROUND INFORMATION REQUEST: (a) Future Land Use Map amendment from the Residential/Office General (R/OG) and Residential Urban (RU) classifications to the Commercial General (CG) classification; and (b) Rezoning from the Office (O) and the Low Medium Density Residential (LMDR) districts to the Commercial (C) district. SITE INFORMATION Property Size: 66,211 square feet or 1.52 acres Portion of Property Subject to Amendment: 53,578 square feet or 1.23 acres Property Use: Current Use: Bank (Not in use since 2007) Proposed Use: None Plan Category: Current Categories: Residential/Office General (RJOG) Residential Urban (RU) Proposed Category: Commercial General (CG) Zoning District: Current Districts: Office (O) Low Medium Density Residential (LMDR) Proposed District: Commercial (C) Existing Surrounding Uses: North: Single Family Residential South: Single Family Residential East: Vacant Gas Station West: Retail, Printers Community Development Board -July 20, 2010 -Case LUZ2010-06001 -Page I of 10 S:\Planning Department\C D B\Land Use Amendments\LUZ 2010\LUZ2010-06001 - 1475 Sunset Point Rd - Belleair Development Group, Li,??„tariRep;;rt\?L'°?.;i0-06GL1 St?:fi??;;on.doc ANALYSIS: The proposed amendment involves the north and west portions of a parcel located at 1475 Sunset Point Road, comprising approximately 1.23 acres. The amendment request is to change the current Residential/Office General (R/OG) and the Residential Urban (RU) future land use categories to the Commercial General (CG) future land use category and the Office (O) and the Low Medium Density Residential (LMDR) zoning categories to the Commercial (C) zoning category. The 0.29-acre remainder of the parcel, which fronts on Highland Avenue, is currently designated by the Commercial General (CG) future land use category and Commercial (C) zoning category. The subject property functioned as a bank beginning in 1965 and ending in May 2007 with the closure of Bank of America. The former bank site contains a building, parking lot, and entrance on the north portion of the property fronting on Sunset Point Road, and a drive through and drive isle traversing the eastern portion of the property, connecting to Highland Avenue. This land use amendment and rezoning application was not accompanied by an application for site redevelopment. Redevelopment of the site was discussed in concept with the applicant at the Planning & Development Department's Building Plan Review Committee meeting on April 7, 2010. At that time, the applicant did not identify a specific end use for the site. Earlier this year, a concept plan of the subject property showed the property as a Dollar General store and the parcel to the east as a Taco Bell fast-food restaurant with shared parking. A later rendering showed only the subject property as a Dollar General store. The applicant also stated that auto sales use was being considered for the property. At the July 7, 2010, BPRC meeting, the engineer for the property indicated that a Dollar General store and gas station were possible end uses of the subject property and the parcel to the east. In accordance with the Pinellas Planning Council Countywide Plan Rules, this future land use map 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. 1. CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN [Section 4-602.F.1 and 4-603.F.11 Recommended Findings of Fact The following objective and policies of the Clearwater Comprehensive Plan are not supportive of the proposed land use plan amendment: Policy A.2.2.3 Commercial land uses shall be located at the intersection of arterial or collector streets and should be sited in such a way as to minimize the intrusion of off-site impacts into residential neighborhoods. New plats and site plans shall discourage the creation of "strip commercial" zones by insuring that adequate lot depths are maintained and by zoning for commercial development at major intersections. Policy A.5.5.1 Development should be designed to maintain and support the existing or envisioned character of the neighborhood. Community Development Board -July 20, 2010 -Case LUZ2010-06001 -Page 2 of 10 SA\Planning Department\C D B\Land Use Amendments\LUZ 2010\LUZ2010-06001 - 1475 Sunset Point Rd - Belleair Development Group, -- LLC\Stai Repo , L1 U?20 i 0 0602. S s ;lx rtds; - - - Objective A.62 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. Recommended Conclusions of Law While commercial designation of the subject property would encourage land use conversion on an economically underutilized parcel and promote redevelopment activities (reference Policy A.6.2.2) through potential parcel consolidation with the commercially designated parcel at the roadway intersection, the potential extension of intensive commercial uses along the predominantly residential corridor could negatively impact adjacent neighborhoods. The proposed amendment would allow for additional uses not allowed under the subject property's current future land use and zoning designations. Some of these potential uses are incompatible with the surrounding environment and envisioned character of the neighborhood. Since no use is currently being proposed, it is not possible to know what off-site impacts the use will have on the single-family residential neighborhoods to the north and south. Sunset Point Road, west of Highland Avenue is primarily residential in nature with some office, neighborhood retail, and institutional uses. It is most appropriately suited for these uses and not commercial uses that generate citywide or countywide residents. II. CONSISTENCY WITH COUNTYWIDE PLAN RULES 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 Plan 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 site is located across the Sunset Point Road right-of-way from single family homes to the north. To the immediate south are also single family homes. A vacant gas station is located immediately east of the site. To the west are a small market and print shop, both nonconforming uses. Low Medium Density Residential, Office, and Commercial zoning districts surround the site. Locational Characteristics, as specified in Section 2.3.3.5.4, state that the Commercial General (CG) category is appropriate to locations in and adjacent to activity centers where surrounding land uses support and are compatible with intensive commercial uses; and in areas in proximity to and with good access to major transportation facilities, including mass transit. The subject property does not meet the locational characteristics stated above since it is not located in or adjacent to an activity center or a major transportation facility. However, the property is located on a PSTA bus route. Recommended Conclusions of Law The Sunset Point Road corridor, west of Highland Avenue, is not an area that is developed, or Community Development Board -July 20, 2010 - Case LUZ2010-06001 -Page 3 of 10 SAPlanping..nepartment\C D B\Land Use Amendments\LUZ 2010\LUZ2010-06001 - 1475 Sunset Point Rd - Belleair Development Group, LLC\Staff .'Zepor-C,LUZ2010-06001 Staff Reii3i Agc= - appropriate to be developed, in a way that provides community and countywide commercial goods and services. The site is not located in or adjacent to an activity center or a major transportation facility. The proposed plan amendment is not consistent with the purpose or the locational characteristics of the Countywide Plan Rules. III. COMPATIBILITY WITH SURROUNDING PROPERTY/CHARACTER OF THE CITY & NEIGHBORHOOD [Section 4-602.F.2, 4-602.F.3, 4-602.F.4, 4-603.F.3, and 4- 603.F.61 Recommended Findings of Fact The subject property is located on the south side of Sunset Point Road, between Kings Highway and North Highland Avenue. The character of the neighborhood is a mix of single family residences, multi-family residences, retail, restaurants, offices, and a gas station. To the north and south are single family homes with a future land use map category of Residential Urban (RU) and zoning district of Low Medium Density Residential (LMDR). The Residential Urban (RU) category permits 7.5 dwelling units per acre. The Low Medium Density Residential (LMDR) zoning district primarily permits residential uses. To the east is an automobile service station use with a future land use map category of Commercial General (CG) and a Commercial (C) zoning district. The Commercial General (CG) category permits 24 dwelling units per acre and a floor area ratio of 0.55. The Commercial (C) zoning district primarily permits offices, overnight accommodations, restaurants, and retail sales uses. The property has not been used as an automobile service station since July 2003 and has been vacant since that time. East of Highland Avenue, along Sunset Point Road, a windshield survey indicates a number of underutilized vacant commercial properties. To the west are nonconforming retail and printing shop uses with a future land use map category of Residential/Office General (R/OG) and Office (O) zoning district. The Residential/Office General (R/OG) category permits 15 dwelling units per acre and a floor area ratio of 0.50. The Office (O) zoning district primarily permits offices, places of worship and school uses. The retail use is a small neighborhood market, which shares a 4,392 square foot building with a print shop. The proposed Commercial General (CG) future land use category permits 24 dwelling units per acre and a floor area ratio of 0.55 and the proposed Commercial (C) zoning district primarily permits indoor recreation/entertainment, offices, overnight accommodations, restaurants, retail sales, and vehicle sales/displays uses. Therefore, the category and district as proposed do not appear appropriately located. Commercial uses are not compatible with single-family uses. A less intensive use, such as multi-family or office, would be more appropriate located contiguous to single-family homes and fit in with the character of Sunset Point Road west of Highland Avenue. This request is not compatible with the surrounding area and may unreasonably affect the use of the property in the area. Recommended Conclusions of Law The proposed future land use and zoning designation are not in character with the overall Future Land Use Map and zoning designations in the area. They are not compatible with surrounding uses and not consistent with the character of the immediate surrounding area and neighborhood. Community Development Board - July 20, 2010 - Case LUZ2010-06001 - Page 4 of 10 SAPlanrrng DeparrmenAC D R\Land Use AmendmentsU,UZ 2010\LUZ2010-06001 - 1475 Sunset Point Rd - Belleair Development Group, ;- LC,Staf:::Pport' LJZ2010-06 01 Staff Repo.-t.doc IV. SUFFICIENCY OF PUBLIC FACILITIES [Section 4-602.F.5 and 4-603.F.41 Recommended Findings of Fact The total area of the subject property is approximately 1.52 acres (66,211 square feet), of which 0.29 acres (12,632 square feet) is zoned Commercial (C), 1.15 acres (50,094 square feet) is zoned Office (O) and 0.08 acres (3,484 square feet) is zoned Low Medium Density Residential (LMDR). The Office (O) and Low Medium Density Residential (LMDR) zoned portions of the property are subject to the amendment request. The Residential/Office General (R/OG) future land use category permits 15 dwelling units per acre and a floor area ratio of 0.50. The subject property could yield a maximum of 17 dwelling units or 25,047 square feet of nonresidential floor area in the area currently designated Residential/Office General (R/OG). The Residential Urban (RU) future land use category permits 7.5 dwelling units per acre and a floor area ratio of 0.40. The portion of the subject property currently designated Residential Urban (RU) is too small to support even one dwelling unit because it was subdivided from the originally platted residential parcel to the south. The proposed Commercial General (CG) future land use category permits 24 dwelling units per acre and a floor area ratio of 0.55. Under the proposed Commercial General (CG) category, the subject property could yield 29 dwelling units or a floor area of 29,468 square feet. The proposed change to the Commercial General (CG) future land use category would provide for an increase of 4,421 square feet of buildable area on the subject property. The current Office (O) and Low Medium Density Residential (LMDR) zoning districts primarily permit residential, offices, places of worship and school uses. The proposed Commercial (C) zoning district primarily permits offices, overnight accommodations, restaurants, and retail sales uses. Roadways Table 1: Maximum Potential Traffic depicts traffic characteristics of the subject property based on the current and proposed Future Land Use Map designations. The table indicates the maximum potential trips generated by future land use category based on the traffic generation rates in the Countywide Plan Rules. The table also shows the potential roadway level of service impacts to Sunset Point Road under each scenario. Note: The Countywide Plan Rules traffic generation guidelines are the accepted methodology for reviewing the roadway impacts of proposed Future Land Use Map amendments. Sunset Point Road from Edgewater Drive to Keene Road currently operates at a level of service C, peak hour according to the Pinellas County Metropolitan Planning Organization 2009 Level of Service Report. Trips generated by the proposed future land use category would lower the operating level of service to D, peak hour. The adopted level of service standard for the roadway segment is D, peak hour. Table 2: Trip Generation Comparison by Zoning Designation, indicates the estimated trip generation for specific uses allowed in the current and proposed zoning districts based on the Institute of Transportation Engineer's (ITE) Trip Generation 8th Edition. The analysis compares trips generated by the former use of the subject property (drive-in bank) to uses representing the maximum development potential under the current and proposed zoning districts. Community Development Board - July 20, 2010 - Case LUZ2010-06001 - Page 5 of 10 SA\Planning Department\C D B\Land Use Amendments\LUZ 20MLUZ2010-06001. - 1475 Sunset Point Rd - Belleair Development Group, LL, ,LA4.r..epo:! ,UL2d:1 .? 001. tdff Rep<.1,Ac _. - - - - _ Table 1: MAXIMUM POTENTIAL TRAFFIC Sunset Point Rd (Edgewater Dr to Keene Rd) Existing Conditions Current FLUMt Proposed FLUM2 Net New Trips Maximum Dail Added Potential Trips N/A 210 740 530 Maximum PM Peak Hour Added Potential Trips' N/A 19 70 51 Roadway Volume 9,965 10,175 10,705 530 Roadway Level of Service PM Peak Hour C C D D Adopted Roadway Level of Service Standard D Peak Hour Notes: N/A = Not Applicable. FLUM = Future Land Use Map, Clearwater Comprehensive Plan. 1. Based on Pinellas Planning Council (PPC) calculations of 178 trips per acre per day for the Residential/Office General (R/OG) Future Land Use Category and 68 trips per acre per day for the Residential Urban (RU) Future Land Use Category. 2. Based on PPC calculations of 487 trips per acre per day for the Commercial General (CG) Future Land Use Category. 3. Based on WO K-factor of 0.095. 4. Based on the 2009 Florida Department of Transportation Quality/Level of Service Handbook. Table 2: TRIP GENERATION COMPARISON BY ZONING DESIGNATION Avg. Net Change PM Peak PM Net Land Use Development Daily Average Trips Peak Change Potential Trips Daily Trips Average Trips P P k Rate Trps EXISTING DESIGNATIONS: "O" Zoning District ("R/OG" Future Land Use Category) General Office Building 25,047 SF6 275 N/A 1.49 37 N/A (11.01 trips/1,000 SF GFA Existing Drive-in Bank 10,586 SF7 1,568 N/A 25.82 273 N/A trips/ 1,000 SF GFA) 148.15 _ EXISTING DESIGNATIONS: "LMDR" Zoning District ("RU" Future Land Use Category) Single-Family Detached Housing3 0 DU 0 N/A 1.02 0 N/A 9.57 trips/unit) PROPOSED DESIGNATIONS: "C" Zoning District ("CG" Future Land Use Category) Example Uses New Car Sales 36,416 SF' 1,214 -354 2.59 94 -179 (33.34 trips/1,000 SF GFA) Fast-Food Restaurant w/ Drive-Through Windows 4,100 SF9 2,034 466 33.84 138 -135 (496.12 trips/1,000 SF GFA) Notes: GFA = Gross floor area. SF = Square foot. DU = Dwelling unit. N/A =Not applicable. 1. Institute of Transportation Engineer's Trip Generation 8`h Edition Land Use 710. 2. Institute of Transportation Engineer's Trip Generation 8th Edition Land Use 912. 3. Institute of Transportation Engineer's Trip Generation 8th Edition Land Use 210. 4. Institute of Transportation Engineer's Trip Generation 8th Edition Land Use 841. 5. Institute of Transportation Engineer's Trip Generation 8th Edition Land Use 934. 6. Total gross floor area ratio permitted by the underlying R/OG Future land use map category is 0.50. 7. The Pinellas County Property Appraiser website provides the square footage. 8. Total gross floor area ratio permitted by the underlying CG Future land use map category is 0.55. 9. Average square footage of a fast-food restaurant with a drive-through window. Community Development Board - July 20, 2010 - Case LUZ2010-06001 - Page 6 of 10 SAPlanning Department\C D B\Land Use Amendments\LUZ 2010\LUZ2010-06001 - 1475 Sunset Point Rd - Belleair Development Group, LLC\StaffReport\L,UZ;2A0.0)0(, SstunRef-ri.c':j: A specific use of the property has not been proposed by the applicant; therefore, two possible uses were analyzed in the Trip Generation Comparison by Zoning Designation table. Restaurant with drive-through window was chosen because it is an intensive use. Based on the ITE Trip Generation Manual, this use would result in 138 PM Peak trips. The new car sales use was chosen because the applicant's representative indicated that this was a use being considered. New car sales developed at the maximum intensity in the Commercial (C) District (36,416 square feet) would result in 94 PM Peak trips on Sunset Point Road. The drive-in bank use results in 273 PM Peak trips. Both of the possible uses analyzed generate fewer PM Peak trips than the drive-in bank use. Even though banks are considered an office use in the Community Development Code, the trip generation characteristics of this use is similar to restaurants, gas stations, and other service type uses. Mass Transit The citywide level of service for mass transit will not be affected by the proposed plan amendment. The total miles of fixed route service will not change. The subject property is located on a mass transit route. Potable Water The current future land use designation could use up to 2,660 gallons of potable water per day. Under the proposed future land use designation, potable water demand could approach approximately 2,946 gallons per day. There is a slight increase in consumption. Wastewater The current future land use designation could produce up to 2,144 gallons of wastewater per day. Under the proposed future land use designation, sewer demand could approach approximately 2,357 gallons per day. There is a slight increase in consumption. Solid Waste The current future land use designation could generate 47 tons of solid waste per year. Under the proposed future land use designation, 366 tons of solid waste could be generated per year. There is an increase in solid waste produced. 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. The amount and timing of this fee is dependent on the number of developed units and will be addressed and paid during the site plan review process. Public School Facilities Based on factors established by the Pinellas County School Board, the current Residential Office/General (R/OG) plan category (potential of 17 residential units) and Residential Urban (RU) plan category (potential of 0.60 residential units) could generate the following number of students. Elementary School: 0.15 students per unit x 17.60 units = 2.64 students Middle School: 0.07 students per unit x 17.60 units = 1.23 students Community Development Board -July 20, 2010 -Case LUZ2010-06001 -Page 7 of 10 SAPlannina Department\C D B\Land Use Amendments\LUZ 2010\LUZ2010-06001 - 1475 Sunset Point Rd - Belleair Development Grout), LLC\Staff Reaort\L"JZ2010-06001 Staff Repercwc ' -?` - High School: 0. 10 students per unit x 17.60 units = 1.76 students TOTAL = 5.63 students Based on factors established by the Pinellas County School Board, the proposed Commercial General (CG) plan category (potential of 29 residential units) could generate the following number of students. Elementary School: 0.15 students per unit x 29 units = 4.35 students Middle School: 0.07 students per unit x 29 units = 2.03 students High School: 0.10 students per unit x 29 units = 2.90 students TOTAL = 9.28 students An increase of 3.65 students could occur as a result of the proposed Future Land Use Map amendment. The subject property is located within Concurrency Service Area (CSA) D for elementary and Concurrency Service Area (CSA) C for middle schools. According to enrollment and capacity data from the Pinellas County School District, there is available capacity within both CSA D and C and the high school CSA to accommodate the potential additional students. Recommended Conclusions of Law Based upon the findings of fact, it has been determined that the traffic generated by the proposed Future Land Use Map amendment would degrade the existing level of service on Sunset Point Road or the operational efficiency of the signalized intersection. However, PM peak trips would be expected to decline. Further, there would be increased demand for potable water, wastewater, and solid waste service, although the increase would not negatively impact the City's ability to meet the adopted level of service standards for these public facilities. Open space and recreation facilities and mass transit will not be affected by the proposed amendments. V. IMPACT ON NATURAL ENVIRONMENT [Section 4-603.F.5.1 Recommended Findings of Fact No wetlands appear to be located on the subject property. This property is developed as a drive- in bank and has trees and landscaping on site. Recommended Conclusions of Law Based on current information, no wetlands appear to be located on the subject property. The intent of the new buyer is to redevelop the property in the future for a commercial use. 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.6.1 Recommended Findings of Fact The location of the proposed Commercial (C) District boundaries is consistent with the boundaries of the subject property, which are irregularly shaped. The proposed Commercial (C) District boundaries would consolidate the subject property into a single zoning district. However, the proposed Commercial (C) District is not compatible with Community Development Board -July 20, 2010 -Case LUZ2010-06001 -Page 8 of 10 SAPlanninP Department\C D B\1:and Use Amcndments\LUZ 2010\LUZ2010-06001 - 1475 Sunset Point Rd - Belleair Development Group, L_C\SW1 l'.,;g,? t\LUZ201-0-0500: Staff Report.doc the single-family uses to the north and 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.11 The proposed Commercial General (CG) Future Land Use Map category permits a floor area ratio of 0.55 while the existing Residential Office/General (R/OG) and Residential Urban (RU) categories permit less intensive floor area ratios of 0.50 and 0.40, respectively. The 0.90 impervious surface ratio of the proposed Commercial General (CG) category is higher than the existing Residential Office/General (R/OG) category imperious surface ratio of 0.75 and Residential Urban (RU) category imperious surface ratio of 0.65. The subject property meets the minimum lot area of 40,000 square feet and lot width of 200 feet required for minimum standard uses in the Commercial (C) District. A survey of the property indicates that structures currently encroach into the required setback on the north, south, and west sides of the property. Since the property has been vacant more than six months (Bank of America closed in May 2007), any use of the property will require conformance with the current Code. Any development of the property that does not meet minimum standard requirements will be subject to the use criteria in the Flexible Standard Development process or Flexible Development process. These criteria may prohibit certain uses contiguous to residentially zoned properties (e.g., vehicle sales/display). SUMMARY AND RECOMMENDATIONS The request for amendment to the Future Land Use Map involves a change from the Residential Office/General (R/OG) and Residential Urban (RU) future land use categories to the Commercial General (CG) future land use category. Also involved is a request for rezoning from the Office (O) and the Low Medium Density Residential (LMDR) zoning districts to the Commercial (C) zoning district. The subject property is developed as a drive-in bank that has remained vacant since May 2007. Residential uses primarily characterize the surrounding area to the north and south, while low intensity office, retail, and institutional uses characterize the surrounding area to the east and west. The proposed amendment is compatible with the properties to the east and west, but not those to the north and south. The proposed amendment is inconsistent with the goals, objectives and policies of the Clearwater Comprehensive Plan. The proposed change is not compatible with low intensity uses in the surrounding area. Furthermore, the proposed amendment does not meet the purpose and locational criteria for the Commercial General (CG) designation in the Countywide Plan Rules. The current Office zoning district provides an appropriate transition between more intensive commercial uses to the east of the subject property and the single family use to the north and south. Based on the above analysis, the Planning and Development Department recommends the following actions on the request: Community Development Board - July 20, 2010 - Case LUZ2010-06001 - Page 9 of 10 SAPlanning Department\C D B\.,and Use Amendments\LUZ 2010\ UZ2010-06001 -.1475 Sunset Point Rd - Belleair Development Group, L" ?\ u i 'f porc\L Z2C' 0_u lil S';.f1 Pr?port_;i-o!- ACTION: Recommend DENIAL of the Future Land Use Map amendment from the Residential/Office General (R/OG) and Residential Urban (RU) categories to the Commercial General (CG) category and the rezoning request from the Office (O) and Low Medium Density Residential (LMDR) districts (County) to the Commercial (C) District. l Prepared by Planning & Development Department staff: Cate Lee, Planner II Attachments: Resume Application Location Map Aerial Photograph of Site and Vicinity Future Land Use Map Zoning Map Existing Surrounding Use Map Site Photographs Community Development Board - July 20, 2010 - Case LUZ2010-06001 - Page 10 of 10 SAPlanning Department\C D B\Land Use Amendments\LUZ 2010\LUZ2010-06001 - 1475 Sunset Point Rd - Be] leair Development Group, LLC\Staff RaroffULUZ20.0-06091 S-Q.C?tpU. we - ° k r. •;.•x. Cate Lee 100 South Myrtle Avenue Clearwater, FL 33756 727-562-4557 catherine.lee(a myclearwater.com PROFESSIONAL EXPERIENCE Planner II, Long Range Division City of Clearwater, Clearwater, Florida November 2008 to Present Responsible for numerous aspects of the Growth Management Act of Florida such as comprehensive planning, Future Land Use Plan amendments, rezonings, and annexations. Update Community Development Code by Ordinance. Prepare staff reports for the City Council and Community Development Board. Create maps for decision makers using Geographic Information Systems software. Planner I and Planner II, Development Review Division City of Clearwater, Clearwater, Florida March to October 2008 Provided information to the public concerning the City's Community Development Code, Clearwater Downtown Redevelopment Plan, Beach by Design and general zoning information. Reviewed building plans for compliance with the Community Development Code. Presented Flexible Standard Development applications before the Development Review Committee. • Research Assistant Geography Department, Brigham Young University, Provo, Utah September 2007 to January 2008 Contributed research on various land use and planning issues, including locally unwanted land uses and their roles in the American West for Dr. Richard H. Jackson, AICP. • Teaching Assistant Geography Department, Brigham Young University, Provo, Utah January 2007 to December 2007 Explained North American land use patterns and concepts to students, including planning history and current practices. Graded student writing and exams, providing feedback for improvement and clarification of planning concepts. • Planning Intern City of Port Angeles, Port Angeles, Washington May to August 2007 Assisted citizens at the zoning counter regarding the City's Municipal Code. Performed research related to intergovernmental cooperation, comprehensive plan amendments, and code changes. Presented research findings to the Planning Commission. EDUCATION Bachelor of Science in Urban, Rural and Environmental Planning, Brigham Young University, 2007 ASSOCIATION MEMBERSHIP 0 American Planning Association RD DR ErY A? o > C 1 CIR S 47d4" '.' •>• oR?R O KRUSE o 0 0 et.. O CIR {P,`9F •?' . '•" ® , .i Y W!LSON RD x N a. B-IZABETH LA `? LA ERIN ? ? P ? • • ° 1°•i"? °`°' SUNSET POIFIT RD OR PROJECT r? SPRING LA , Stevens Creekor SITE ?] ! I001H fl fl a t ' ° THAMES LA • ,.. v ?. e o JOEL LA N4 9ENTLIFf ° OTTEN T C-REENLEA • CAROL Y?v :j i • .I PEAVal i' °CAkIJLYN ?? WYDY LA ?•< lT LA $ krrL? a f SA?q o m m SANDY LA 3 t . ARY L RD $ M ' .?S • t. D D i . """ ROSEMONT DR a •,$ .i Cr ° . t TERRACE RD P - ?- GROVE,akcL UNW00 r=.•?°' °FLAGL FA1RMPNT LOGAN? E .?? r^e g•? FAIRMONT ST d r.-+ a ??,R ? ST SCO t. •+,'y?,ol/S,Lav ,v ?; .':.5 ?`-? > C PARKWOOD j ,s, e_i 'se w L 1 ST 1 9 WOODBINE i ? R 3? w ..?...a.y ...._.® c J J? i SHER D SPRINGPALF- ST ?Q SPRINC-0ALE GEN ST OJERLEA ST F° •°- F•.m w CARROLL- ST • i,4 ?., Rti i vi ENGNON ST DR PINE BR OOK DR p > 4? p E F-a a .- •• - ®,:.?:.?._ m j asce- ADMIRAL WOODSON LA WEBS 0 '?• J O r 9 = N HIBISCUS - ?° LOCATION MAP Owners: Bank of America Case: LUZ2010-06001 TOTAL PARCEL: 1.52 ACRES Site: A portion of 1475 Sunset Point Road Property Size(Acres): PORTION INCLUDED IN LUZ REQUEST: 1.23 ACRES Land Use Zoning PIN: 02-29-15-00000-320-0200 From : R/OG, RU O, LMDR To: CG C Atlas Page: 261 A S:\Planning Department\C D B\Land Use Amendments\LUZ 2010\LUZ2010-06001 - 1475 Sunset Point Rd - Belleair Development Group, LLC\Maps\LUZ2010-06001 LOCATION MAP.doex Z;i 11 {J O Q a O v o qa 1911 1915 1907 U WILSON RD 1909 1908 N p n N o `? A N v ?D rn zt 1904 Z 0 1905 ERIN LN Q 1904 1902 N ° o m ?`+ `b `? V 1900 O ° ° o J °m N N Q ? R a P ? ? ? Q 1900 1901 SUNSET POINT RD --------------- a a OG a s a s CG 1899 1898 1897 Q ?O H O Q ,p O Q 41 N Q SPRING LN 1877 1851 1874 v Q v 184 1849 1848 Ai 1 CG N PIV N M M ? 1845 O V R 1846 CG Q Q Q ? Q Q Q Z THAMES LN -j 1835 1844 `t a v v v "? v a 0 1831 W Q ? h? p . ry ? 1827 p^ 0. ? A? b^ b ° ° v v v a 1823Z 1840 1835 1824 JOEL LN = 2 U P ryO? R Z ?y P Z z P FUTURE LAND USE MAP Owners: Bank of America Case: LUZ2010-06001 TOTAL PARCEL: 1.52 ACRES Property Site: A portion of 147 5 Sunset Point Road Size(Acres ): PORTION INCLUDED IN LUZ REQUEST: 1.23 ACRES Land Use Zoning PIN: 02-29-15-00000-320-0200 From : R/OG, RU O, LMDR To: CG C Atlas Page: 261 A S:\Planning Department\C D B\Land Use Amendments\LUZ 2010\LUZ2010-06001 - 1475 Sunset Point Rd - Belleair Development Group, LLC\Maps\LUZ2010-06001 FUTURE LAND USE MAP.docx `r v o ^A^0. 1911 1915 1907 WILSON RD 1909 1908 o y ? o a a a a ? ?^ lsoa z a a p 1905 ERIN LN L D Q 1904 1900 O 1902 G N N M ? C h N ? ? ? r r ^ ^ ^ zt ^ 1900 1901 02 1?2 1898 ?° 1897 Y C C a l R 2RI G LN 10 1877 v v a v 1874 1844 1849 1848 1845 1846 c v Q v 1841 c v a 1840 Z LMDR THAMES LN Q 1835 1844 a a ? ? a ? ? ? a m N b ? ? W pp 1824 Q 1831 w 1827 Z ,?0?`0b^0 01` 0 ^0^,0? 0?`,? 1840 J 1835 1823 Z JOEL LN = L LL a P V ?V P P Q V P ? ZONING MAP Owners: Bank of America Case: LUZ2010-06001 TOTAL PARCEL: 1.52 ACRES Site: A portion of 1475 Sunset Point Road Property Size(Acres): PORTION INCLUDED IN LUZ REQUEST: 1.23 ACRES Land Use Zoning PIN: 02-29-15-00000-320-0200 From : R/OG, RU O, LMDR To: CG C Atlas Page: 261 A SAPlanning Department\C D B\Land Use Amendments\LUZ 2010\LUZ2010-06001 - 1475 Sunset Point Rd - Belleau Development Group, LLC\Maps\LUZ2010-06001 ZONING MAP.docx 28 29 30 4 31 - R ?9^ 35 42 21 1911 20 19 18 50 o id l In es tifiu ? WILS ON RD ,a o o 03 za z F, V) M `7 to a? Of ^ 1904 36 41 o z° 21 8773 - tg 17 ' 16 15 13 1905 37 40 N ERIN LN 20 19 • ? Q 1904 0 ^ N On M 1 "I"IF) FIIUI W) - ? V) 4 N 5 N 6 N 7 8 9 10 to 11 , 12900 O J 38 00o 1902 39 36 - 35 . - 34 33 I V tl' P V a 100 60 1900 1901 SUNSET POINT RD Q N ?i h .? M m Vacant Offic ?v ts 100 Pharmacy .ti w? 32M2 ' 310 2 Zce ff . ^^II ay I.? 1.52 Ac(c) ti "? 189 , 1898 Restauran 19 Z it 15 14 13 12 E t t 1897 Retail Sal es de ; ; D riv thru n Check Rest urant & Service SPRING L 3208 1877 88237 7 N 184, 85 6 8 7 88 14 89 0 L" 2 3 J& 4, 8 79 N 8 N 770,E 76 V 75 ao 4 3 0 72 77 r ? P 840 185, Cash aws 1849 Thrift1848 7 1845 Store 1848 Z '941 estauran Grocery J 3270 Store THAMES LN o ? 1V5 p 1844 61 62 63 64 65 66 67 68 69 70 56 ^ 55 N 54 N 53 C Cn 52 51 co 50 N 49 m 48 47 R tt R 7 e} R 1824 183?1 W Doctor Q ^ ti hPh06 4 ? l V27 Of 1lceS z 31/04 1840 60 1823 = 1835 JOEL LN = $ Z ( N 83.4 n R h h 0 0 V 01 r r r n 116 117 EXISTING SURROUNDING USES Owners: Bank of America Case: LUZ2010-06001 TOTAL PARCEL: 1.52 ACRES Property Site: A portion of 1475 Sunset Point Road Size(Acres): PORTION INCLUDED IN LUZ REQUEST: 1.23 ACRES Land Use Zoning PIN: 02-29-15-00000-320-0200 From : R/OG, RU O, LMDR To: CG C Atlas Page: 261 A SAPlanning Department\C D B\Land Use Amendments\LUZ 2010\LUZ2010-06001 - 1475 Sunset Point Rd - Belleair Development Group, LLC\Maps\LUZ2010-06001 EXISTING SURROUNDING USES MAP.docx S:\Planning Department\C D B\Land Use Amendments\LUZ 2010\LUZ2010-06001 - 1475 Sunset Point Rd - Belleair Development Group, LLC\Maps\LUZ2010-06001 AERIAL PHOTOGRAPH.docx LUZ2010-06001 Belleair Development Group, LLC 1475 Sunset Point Road View looking south at the subject parcel, 1475 Sunset Point Road East of the subject property WWI.. Across street, to north of the subject property West of the subject property View looking westerly along Sunset Point Road View looking easterly along Sunset Point Road CITY OF CLEARWATER APPLICATION FOR COMPREHENSIVE PLAN AMENDMENT (INCLUDING FUTURE LAND USE MAP AMENDMENT) PLANNING DEPARTMENT MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, 2°d FLOOR PHONE (727) 562-4567 FAX (727) 562-4576 APPLICANT, PROPERTY OWNERS, AND AGENT INFORMATION: APPLICANT NAME: -BSMI"f Al 11c' r MAILING ADDRESS: Please use agent PHONE NUMBER: FAX UMBER: PROPERTY OWNERS: -83rn - t 3,,k o (List all owners) AGENT NAME: Todd Pressman MAILING ADDRESS: P.O. BOX 6015, Palm Harbor, Florida PHONE NUMBER: 727-804-1760 FAX NUMBER: 1-888-977-1179 SITE INFORMATION: LOCATION: near SWC Sunset Point and Highland STREET ADDRESS: 1475 Sunset Point Road LEGAL DESCRIPTION: See survey PARCEL NUMBER: 02-29-15-00000-320-0200 SIZE OF SITE: 1.52 acres FUTURE LAND USE C? 4 CLASSIFICATION: PRESENT: R/OG CPtz- U REQUESTED: CG ZONING CLASSIFICATION: PRESENTO REQUESTED: C PROPOSED TEXT AMENDMENT: n/a < /-.-i .- (use additional paper if necessary) I (We), the undersigned, acknowledge that all STATE OF FLORIDA, COUNTY OF PJN?LLAS representations made in this application Sworn to and scribed before me this _ day of are true an a e the best my/(our) A.D., V8- to me knov. by who is pers nally kn wn has produced ?-??, < < v ?: t, ; Cwa-h' as identification. Sign of property o e representative • +?Y °v'•. JARED R. MY COMMISS& :a EXPIRES: Jun Si nature of prop! owner or representative Notary public, ary P odd Pressm ., Pressman & Assoc., Inc., AGENT my commission expires. f DD ^087319 20.2011 tic Underwriters PRESSMAN AND ASSOC., INC. GOVERNMENTAL AND PUBLIC AFFAIRS P.O. BOX 6015, PALM HARBOR, FL 34684 727-804-1760, FK (888) 977-1179 E-MAIL, PRESSINC@AOLCOM DRC Response Issues LUZ 2010-06001-1475 Sunset Point Rd. This communication includes all responses that were raised at the DRC meeting review: 1) Policy A.2.2.3: Development of the site would naturally be directed toward the arterial roadway and commercial activity and away from the residential uses. 2) Countywide Plan Rules, 2.3.3.5.4: There has been consistent, long term and intensive commercial development all along this node, including the introduction of new and changed businesses. This development has spanned the entire length of this intersection including many circumstances of residential uses abutting commercial uses. The long-term nature if this use is compatible with existing similar uses in the immediate vicinity. There are good transportation facilities in the area including mass transit. 3) Community development code section 4-603.F.3: Compatibility of this use has been established over the long term with existing similar uses in the vicinity. The development patterns of the past have established certain uses to exist in compatibility with other uses that have existed for a long time. 4) Community development code section 4-602F.1: This criterion or situational issue is understood. 5) Policy A.5.5.1 of the City's Comprehensive Plan: The use proposed does maintain and support the existing character of the neighborhood. CITY OF CLEARWATER PLANNING DEPARTMENT MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, 2nd FLOOR PHONE (727)-562-4567 FAX (727) 5624576 INFORMATION REQUIRED FOR APPLICATIONS FOR COMPREHENSIVE PLAN AMENDMENTS ((INCLUDING FUTURE LAND USE MAP AMENDMENT) Please submit 15 copies of the attached Application for Comprehensive Plan Amendment and the following supplemental information: A legal description of the property. If the property is not a platted lot of record, a current boundary survey prepared, signed and sealed by a land surveyor currently registered in the State of Florida. Proof of ownership, including a copy of the deed, title insurance policy, or other instrument demonstrating ownership. Names of all persons or corporations having a contractual interest in the property. An assessment of the impacts of the proposed change on the adequacy of public facilities, the environment, community character and the fiscal condition of the City Information that demonstrates that the proposed amendment complies with the following standards: 1. The proposed amendment furthers implementation of the Comprehensive Plan consistent with the goals, policies and objectives of the Plan. 2. The amendment is not inconsistent with other provisions of the Comprehensive Plan. 3. The available uses to which the property may be put are appropriate to the property in question and compatible with existing and planned uses in the area. 4. Sufficient public facilities are available to serve the property. 5. The amendment will not adversely affect the natural environment. 6. The amendment will not adversely impact the use of property in the immediate area. Attendance at Public Hearings The applicant or applicant's representative should be present at both the Community Development Board and City Commission public hearings. Belleair Development Group Comp. Plan Amendment Response to Standards for Review 1) The proposal is consistent with the goals and policies in regard that this proposal does provide an infill rejuvenation of a blighted site and it is located along an intersection of higher intensity and is located adjacent to similar uses. Comprehensive planning policy: A.6.4 Objective - Due to the built-out character of the city of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. This policy also includes looking at smaller parcels, but the direction is that development should be looked at existing sites and should be accomplished thru assistance with the CDB. Comprehensive planning policy: A.2.2.3 Commercial land uses shall be located at the intersection of arterial or collector streets and should be sited in such a way as to minimize the intrusion of off-site impacts into residential neighborhoods. New plats and site plans shall discourage the creation of "strip commercial" zones by insuring that adequate lot depths are maintained and by zoning for commercial development at major intersections. This policy does recognize the locational aspects of this site as it spans a high intensity traffic corner and this site is currently planned to be re-developed along with the commercial corner parcel. There is plenty of commercial development at this commercial node, in fact the commercial node matching to the East of the intersection exists with commercial categories. So in parity in regard to configuration, the Commercial level has existed to the East much further than the West - and has worked fine. Comprehensive planning policy: A.6 GOAL - 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. A.6.1 Objective - The redevelopment of blighted, substandard, inefficient and/or obsolete areas shall be a high priority and promoted through the implementation of redevelopment and special area plans, the construction of catalytic private projects, city investment, and continued emphasis on property maintenance standards. Pg. 2 Belleair The uses at this intersection are older and some are blighted. Especially the site under consideration has been boarded up, is unsightly and is a negative element in this vicinity. This proposal will bring investment, improvement and a new use to add to the immediate area. 2) By following the principals and directives noted above - basic objectives of the City and the Comprehensive Plan - this proposal is not inconsistent with other elements of the Plan. Because the site is well fit into the existing node and can protect residential uses surrounding, the site is not inconsistent with the Comp. Plan. 3) The category proposed meets and integrates with the existing commercial uses at the intersection node. The uses at the node are well established and are needed commercial uses for neighborhood and community support. The uses that would be permissible under the commercial category would be everyday activities and shopping needs of the immediate community. The reinvestment and renovation would also be a tremendous improvement or the immediate area- versus having a closed and boarded 2 story structure as a blighted mess. Again, the category would allow the integration of the parcels together to make a use that would be an asset to the community and remove blight from the area. These uses have been existing for a long time in the position they exist and they have worked well with integration with the surrounding residential community. You also need to look no further than the depth of the commercial on the opposite side of Highland, running East of Highland. In that regard the commercial category runs far deeper than the depth from Highland running West. In fact it is significantly deeper and shares the same configuration in regard to its association with residential use. Even more important is that intensive commercial uses abut this site - where they do not on the east side. 4) As the prior use was a high impact office use and was in combination a part of the whole commercial node, and that access is gained on 2 major rights of way, the transportation impact will be minimal as compared to the prior use. 5) the site will be required to restore any natural and landscaping facility to the standard of the code and it will be a huge improvement to what is currently at the site now. Any trees that are substantial will be protected or mitigated. 6) With similar uses in the abutting and immediate area, and with enough separation factors between the residential and the proposed commercial, the category will be a good fit into the community. Again, approximately 150'to 160' exist between this site and the residential directly across the street. With Sunset Point Road as a barrier, and new landscaping, and 2 access points on two separate major roadways, there will be no impacts to the residential. Both this residential to the North - and the South - are well protected, but have been in a configuration with intensive commercial uses for a very long time. The critical factor, again, is that this site has fallen in a very bad state of disrepair and this application promises to bring vitality, investment and badly needed renovation to this site - rather than see the site fall into greater disrepair. V r C z I ? J 4? --+ ac W _J x a: J Wo Ur -' O as s` Fom U" FLMMA W--, 0?'d p.? . C e p ) ))7 --11-11 ' • rom/f to w• JYinrAaiunrs Jq nlyd. M - R 2237 io,,104 t n U r 10, Made this tit?iE.r day of A. D. 196.5 , ? i Between FIVE POINTS HOLDING COMPANY a corporation esistirt.j under the laws of the State of Florida havinj its principal place of business in the County of Pinellas and State of Florida party of the first part, and THIRD CITY NATIONAL BANK OF CLEARWATER, whose address is: S,:nseL Point; Rd & Hlghlan r.venue of the County of Pinellas and State of Florida part y of the second part, Vi ltnesseth, That the said party of the first part,_for and in consideration of i the sum of TEN DOLLARS and other valuable considerations ----?ollons, i to %t in hand paid, the receipt iuhereoj is hereby 6 cRnoicledged, has grunted, bar- gained, sold, aliened, remised, released, conveyed and confirmed, and by these presents dot.h grant, hargain, sell, alien, remise, release, ronvey and confirm unto ?i the said party of the second part, and its successors ----heirs-and assigns forever, all that certain parcel of land'lying and being in the ('aunty of Pinellas and Stale of Florida, morr, parlirularly dcsrrihed as folloics: From the Northeast corner of the Northwest 1/4 of the Southwest 1/4 of Section 2, Township 29 South, Range 15 East, run S. 0007'42" F:., along the East line of the said Northwest 1/4 of the Southwest 1/4 50.00 feet; thence run N. 89029'42" W., parallel to the East-Wust I center line of said Section 2, 50.00 feet; thence run S. 0007'42" E., along the Westerly right-of-way line of Highland Avenue 175 feet for a Point of Beginning; thence continue S. 0007'42" E,, along said right-of-way line 75 feet; thence run N. 89029'42" W., 170.02 feet; thence run N. 0007142" W., along the East line of Lot 8 of Brentwood I Estates (See Plat Book 59, Page 28, Public Records of Pinellas County, Florida), 15.77 feet to the Northeast corner of said Lot 8; thence run N. 57 19'07" W., 124.72 feet to the Northeast corner of Lot 10 of said Brentwood Estates; thence run N. 89026'15" W., along the North line of I Lots 10 thru 12 of Brentwood Estates, 175.15 feet; thence run N. 0007'42" W., 167.63 feet; thence run S. 8902942" E., along the South right-of-way line of Sunset Point Road (said line being 50 feet South I of and parallel to the East-West center line of said Section 2) 300 feet; thence run S. 0007'42" E., 175 feet; thence S. 89029'42" E., 150 feet to P.O.B., being a portion of the NW 1/4 of the SW 1/4 of Section 2-29-15 and being in part a portion of Lot 9, of Brentwood Estates. Subject to easements and restrictions of record. Together with all the tenements, hereditamenta and appurtenances, with every privilege, right, title, interest and estate, reversion, remainder and easernent thereto belonging or in anywise appertaining: To Have and to Hold the same in fee simple .4nd the said party of the first part dolJt covenant tuitle the said party of the second part that it is lawfully seized of the said prentises; that they are free 91,all incurn.brances, and that it has good right and lawful authority to sell the agm.e; and the, suid party of the first part does hereby fully warrant the title to said larid; and will defend the same against the law/u.1 claint..r of all persons whoirt.soevcr, hi Wilnt-NN N%`h r4-tl1, the said party of the. first part has caused these presents tube signed in its name by its President, and its corporate seal to be affixed, (Corporate the day and year above written. Seal) .gttcst:... ._.. _... F QidTS?l .INS COMPANY By C" Jet signed Seriieaanti Urlivered in Our Presence: Donald E,Bleakley, Pttsid t, V -T w y ? C n x r ? p ' O STA E,,' F= I_OFlIDA _ ?' D•.CU!fF::i::?'' c;T:N? 1AY. = Y. 19900. State of Florida, K Gounty of PINELLAS 1 HEREBY CERTIFY, That on this bday of efore W personally appeared DONALD E. BLEAKLEY ! A. D. 19 65, xmd Presid en t xmid x unth i of FIVE POINTS HOUSING COMPANY , a corporation under the laws of the State of Florida , to me known to he the persons described in and who executed the forej!oin f conveyance to THIRD CITY NATIONAL BANK OF CLEARWATER and severally aeknowledded the execution thereof to he their free act and deed as such officers, for the uses and purposes therein mentioned; and that they affixed thereto the offleial seal of said corporation., and the said instrument is the act and deed of said corporation. WITNESS my signature and official seal at Clearwater in the County of Pinellas and State of Florida, the day and year last aforesaid. 6 .Mq Com10-vSi0n. Kxpiirs N0 IARY FUB017 SIAII of IIOR19A d tA65t MY COMMISSION MINIS AUG. I. 1%9 W N 10.09a t..wV W. r010 w D.9?17.pOIn R. 2237 F1 105 L.L r , _ U LI.HP1 X) L: r w A O w A O t 0 z i.? EXHIBIT A LAND That certain parcel of land lying and being in the County of Pinellas and State of Florida, more particularly described as follows: From the Northeast comer of the Northwest % of the Southwest K of Section 2, Township 29 South, Range 15 East, run S. 0°07'42" E., along the East line of the said Northwest J, of the Southwest Vs 50.00 feet, thence run N. 89929'42° W., parallel to the East-West center line of said Section 2, 50.00 feet; thence run S, 0°07'42" E., along the Westerly right-of-way line of Highland Avenue 175 feet for a Point of Beginning; thence continue S. 0°0742' E., along said right-ofway line 75 feet; thence run N. 89°29'42" W., 170.02 feet; thence run N. 0°07'42" W., along the East lino of Lot 8 of Brentwood Estates (See Plat Book 69, gage 28, Public Records of Pinellas County, Florida), 16.77 feet to the Northeast comer of said Lot 8; thence run N. 57°19007" W., 124,72 feet to the Northeast comer of Lot 10 of said Brentwood Estates; thence run N. 89°26'15" W., along the North fine of Lots 10 thru 12 of Brentwood Estates, 17515 feet; thence run N. 0007'42' W.; 167.63 feet; thence run S. 89129142" E., along the South right-or-way line of Sunset Point Road (said line being 50 feet South of and parallel to the East-West center line of said Section 2) 300 feet; thence run S. 0°07'42" E., 1 75 feet; thence S. 89°29'42" E., 150 feet to P.Q:B,, being a portion of the NW ; of the SW A of Section 2-29-15 and being In part a portion of Lot 9, of Brentwood Estates. (Leg-if Descriptions for the Property to be verified by title commitment and survey.) LEGALEAST•tt 1616900-v 1-Consolid;ition_1.1?-1 4b_5unset_Pnint_,.Coninct.DOC Page 15 CITY OF CLEARWATER APPLICATION FOR ZONING ATLAS AMENDMENT PLANNING DEPARTMENT MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, 2na FLOOR PHONE (727) 562-4567 FAX (727) 562-4576 APPLICANT, PROPERTY OWNERS, AND AGENT INFORMATION: Rnnk- APPLICANT NAME: l,-1 c?? 12P?,° MAILING ADDRESS: Please use agent PHONE NUMBER: 727-804-1760 / FAX NUMBER: PROPERTY OWNERS: SOM(List all owners) AGENT NAME: Todd Pressman MAILING ADDRESS: PO BOX 6015, Palm Harbor, Fl 36684 PHONE NUMBER: 727-804-1760 FAX NUMBER: 1-888-977-1179 SITE INFORMATION: LOCATION: near SWC Sunset Point and Highland STREET ADDRESS: 1475 Sunset Point Road LEGAL DESCRIPTION: see survey PARCEL NUMBER: 02-29-15-00000-320-0200 EXISTING ZONING: O PROPOSED ZONING: C LAND USE PLAN CLASSIFICATION: R/OG SIZE OF SITE: 1.52 acres REASON FOR REQUEST: Commercial use is appropriate I, the undersigned, acknowledge that all STATE OF FLORIDA, COUNTY OF PINELLAS representations made in this application Swor to and subscribed before me this ?t - day of are true an urate to the best of my , A.D.,,MdO? to me and/or know) e. by T-rjg ,. who is personally known ha produced identification. Sig ture of pr erty owner epresenta Notary public, my commission expires: o d Pressman, Pres. Pr Assoc., Inc. -_-JARED R. MOLL !1Y COMMISS!ON a DD 68?319 I a•< ,•o. EXPIRES: June 20, 2011 Page 1 of 2 CITY OF CLEARWATER PLANNING DEPARTMENT R. MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, 2nd FLOOR 99?ATE?•??0? PHONE (727)-562-4567 FAX (727) 562-4576 SUPPLEMENTAL INFORMATION REQUIRED FOR APPLICATIONS FOR ZONING ATLAS AMENDMENTS Please submit 15 copies of the attached Application for Zoning Atlas Amendment and the following supplemental information: A legal description of the property. If the property is not a platted lot of record, a current boundary survey prepared, signed and sealed by a land surveyor currently registered in the State of Florida. Proof of ownership, including a copy of the deed, title insurance policy, or other instrument demonstrating ownership (Only 1 copy is required). Names of all persons or corporations having a contractual interest in the property. A copy of any existing deed restrictions to which the City is a part relating to the property. Any request for a rezoning which is inconsistent with the Future Land Use designation in the Comprehensive Plan must be accompanied by an application for a Future Land Use Plan Amendment. Attendance at Public Hearings The applicant or applicant's representative should be present at both the Community Development Board and City Commission public hearings. Standard for Review All approvals of zoning atlas amendments must comply with the following standards: 1. The proposed amendment is consistent with and furthers the goals, policies and objectives of the Comprehensive Plan and furthers the purposes of the Community Development Code and other City ordinances and actions designed to implement the Plan. 2. The available uses to which the property may be put are appropriate to the property that is subject to the proposed amendment and compatible with existing and planned uses in the area. 3. The amendment does not conflict with the needs and character of the neighborhood and the City. 4. The amendment will not adversely or unreasonable affect the use of other property in the area. 5. The amendment will not adversely burden public facilities, including the traffic-carrying capacities of streets, in an unreasonably or disproportionate manner. 6. The district boundaries are appropriately drawn with due regard to locations and classifications of streets, ownership lines, existing improvements and the natural environment. Page 2 of 2 Belleair Development Group Zoning Amendment Response to Standards for Review 1) The proposal is consistent with the goals and policies in regard that this proposal does provide an infill rejuvenation of a blighted site and it is located along an intersection of higher intensity and is located adjacent to similar uses. Comprehensive planning policy: A.6.4 Objective - Due to the built-out character of the city of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. This policy also includes looking at smaller parcels, but the direction is that development should be looked at existing sites and should be accomplished thru assistance with the CDB. Comprehensive planning policy: A.2.2.3 Commercial land uses shall be located at the intersection of arterial or collector streets and should be sited in such a way as to minimize the intrusion of off-site impacts into residential neighborhoods. New plats and site plans shall discourage the creation of "strip commercial" zones by insuring that adequate lot depths are maintained and by zoning for commercial development at major intersections. This policy does recognize the locational aspects of this site as it spans a high intensity traffic corner and this site is currently planned to be re-developed along with the commercial corner parcel. There is plenty of commercial development at this commercial node, in fact the commercial node matching to the East of the intersection exists with commercial categories. So in parity in regard to configuration, the Commercial level has existed to the East much further than the West - and has worked fine. Comprehensive planning policy: A.6 GOAL - 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. A.6.1 Objective - The redevelopment of blighted, substandard, inefficient and/or obsolete areas shall be a high priority and promoted through the implementation of Pg. 2/Belleair redevelopment and special area plans, the construction of catalytic private projects, city investment, and continued emphasis on property maintenance standards. The uses at this intersection are older and some are blighted. Especially the site under consideration has been boarded up, is unsightly and is a negative element in this vicinity. This proposal will bring investment, improvement and a new use to add to the immediate area. 2) There are intensive uses that abut this site. To the immediate East is an existing gasoline station. To the immediate West is a convenience/food store, a printing store and a number of other intensive commercial type enterprises. While residential uses are present across the street, there is a reasonable distance between the uses - approximately 150' to 160' directly - along with Sunset Point road separating the uses. The long term existence of commercial uses along Sunset Point - both East and West of the Highland intersection - has been a long standing posture and one that works well. This proposed use will join a long term existence of strong commercial uses at this intersection and along Highland Avenue to the South. 3) The category proposed meets and integrates with the existing commercial uses at the intersection node. The uses at the node are well established and are needed commercial uses for neighborhood and community support. The uses that would be permissible under the commercial category would be everyday activities and shopping needs of the immediate community. The reinvestment and renovation would also be a tremendous improvement or the immediate area- versus having a closed and boarded 2 story structure as a blighted mess. 4) Again, the category would allow the integration of the parcels together to make a use that would be an asset to the community and remove blight from the area. With similar uses in the abutting and immediate area, and with enough separation factors between the residential and the proposed commercial, the category will be a good fit into the community. These uses have been existing for a long time in the position they exist and they have worked well with integration with the surrounding residential community. 5) As the prior use was a high impact office use and was in combination a part of the whole commercial node, and that access is gained on 2 major rights of way, the transportation impact will be minimal as compared to the prior use. 6) This is certainly the case. You need to look no further than the depth of the commercial on the opposite side of Highland, running East of Highland. In that regard the commercial category runs far deeper than the depth from highland running West. In fact it is significantly deeper and shares the same configuration in regard to its association with residential use. Even more important is that intensive commercial uses abut this site - where they do not on the east side.