08/03/2010 - Special Meeting
COMMUNITY DEVELOPMENT BOARD SPECIAL MEETING MINUTES
CITY OF CLEARWATER
August 3, 2010
Present: Nicholas C. Fritsch Chair
Frank L. Dame Board Member
Doreen DiPolito Board Member
Richard Adelson Board Member
Brian A. Barker Board Member
Kurt B. Hinrichs 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 & Development Director
Gina Clayton Planning & Development Assistant Director
Tammy Vrana Planning Manager
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 – CONTINUED ITEMS: (Items 1-2)
Attorney for the Board Gina Grimes discussed procedural issues. Items C1a and C2 are
related and will be heard at the same time. Next, Item C1b will be heard.
1. Level Three Application
Case: LUZ2010-06002 – 3400 Gulf-to-Bay Boulevard (Related to DVA2010-06001)
Owner/Applicant: Clearwater Christian College Private School, Inc.
Representative: Katherine E. Cole, Esquire, and Johnson, Pope, Bokor, Rupple & Burns,
LLP (P.O. Box 1368, Clearwater, FL 33757-1368; phone: 727-461-1818; fax: 727-462-
0365).
Location: 131.05 acres located on the north side of Gulf-to-Bay Boulevard approximately
900 feet east of S. Bayshore Boulevard.
Atlas Page: 292B.
Request:
a)
Future Land Use Plan amendment from the Institutional (I), Commercial General (CG),
Preservation (P), Recreation/Open Space (R/OS), Residential Low (RL), and Water Categories
to Institutional (I), Preservation (P), Recreation/Open Space (R/OS), and Water Categories;
Type of Amendment: Large scale.
Proposed Use: Educational Facilities.
Neighborhood Associations: Del Oro Groves Estates Association and Clearwater Neighborhoods
Coalition.
Presenter: Lauren Matzke, AICP, Planner III.
Community Development Special 2010-08-03 1
AND
2. Level Three Application
Case: DVA2010-06001 – 3400 Gulf-to-Bay Boulevard (Related to LUZ2010-06002)
Owner/Applicant: Clearwater Christian College Private School, Inc.
Representative: Katherine E. Cole, Esquire, and Johnson, Pope, Bokor, Rupple & Burns,
LLP (P.O. Box 1368, Clearwater, FL 33757-1368; phone: 727-461-1818; fax: 727-462-
0365).
Location: 131.05 acres located on the north side of Gulf-to-Bay Boulevard approximately
900 feet east of S. Bayshore Boulevard.
Atlas Page: 292B
Request: Review of, and recommendation to the City Council, of a Development Agreement
between Clearwater Christian College Private School, Inc. (the property owner) and the City of
Clearwater as per Community Development Code Section 4-606.
Proposed Use: Educational Facilities uses of up to 170,000 square-feet of non-residential floor
area (0.149 Floor Area Ratio) and up to 750 Dormitory Beds/Residents (12.5 dwelling units per
acre) at a maximum height of 50 feet
Neighborhood Associations: Del Oro Groves Estates Association and Clearwater Neighborhoods
Coalition.
Presenter: Lauren Matzke, AICP, Planner III.
Case DVA2010-06001 and the future land use plan for Case LUZ2010-06002(a) were
heard first, followed by a hearing on the zoning request for Case LUZ2010-06002(b).
See Exhibits: Staff Report LUZ2010-06002 2010-08-03 (Future Land Use Plan
amendment information) and Staff Report DVA2010-06001 2010-08-03.
Member Dipolito moved to accept 1) Lauren Matzke as an expert witness in the fields of
historic preservation, annexations, land development codes and development code
amendments, and comprehensive planning; 2) Scott Rice as an expert witness in the fields of
civil engineering, land development, and environmental and hydraulic engineering; 3) Himanshu
Patni as an expert witness in the fields of traffic operations: speed studies, signs & markings,
ATMS/ITS deployment, traffic studies & fees, parking lot permits, ordinance review,
developmental impact on transportation, and network support; and 4) Ed Chesney as an expert
witness in the fields of environmental engineering, water quality, natural resources,
contamination assessment, and hazardous waste. The motion was duly seconded and carried
unanimously.
Planner III Lauren Matzke reviewed the Staff Report. Assistant Engineering Director
Scott Rice said the two-way easement to Coopers Point will improve access. Environmental
Manager Ed Chesney said he had reviewed environmental impacts and supported the project.
Attorney Katie Cole, representing the applicant, said the proposal would restore 99 acres
of stagnant swamp by improving tidal flow between the wetlands and Old Tampa Bay and, in
exchange, would fill in 7.8 acres of wetlands. She said two acres are dominated by Brazilian
peppers and a borrow pit.
Clearwater Christian College CFO Randy Livingston discussed accreditation mandates
and the college’s long-term and strategic planning processes which began in 2004. He said the
Community Development Special 2010-08-03 2
school has no athletic facilities, chapel, or fine arts building. He anticipated that future growth
would require additional infrastructure.
Member Barker moved to accept David Gildersleeve as an expert witness in the fields of
EARs (Evaluation & Appraisal Reports), comprehensive planning, zoning and land use studies,
DRIs (Developments of Regional Impact), PD&E (Project Development & Environmental)
Studies, land development regulations, waterfront planning and design, parks and recreation
master planning, development/ redevelopment studies and plans, public participation, and
charrette facilitation. The motion was duly seconded and carried unanimously.
David Gildersleeve, Senior Vice-President of Wade Trim, representing the applicant, said
the proposal is consistent with or furthers four goals in the City’s comprehensive plan, will exceed
State requirements for stormwater management and wetlands protection, and provides a
perpetual conservation easement over 99 acres. He said the project will enhance natural open
spaces, increase landscaping, improve the outdated campus, and provide an opportunity for
recreation. He said all requirements will be met to protect the eagle; wildlife in the wetlands will
improve. He said the property has no permanent housing. He said the proposal limits
development to less than what is currently permitted. He said approvals by eleven agencies,
including the Army Corps of Engineers, SWFWMD (Southwest Florida Water Management
District), US and Florida Fish and Wildlife Conservation Commission and FDEP (Florida
Department of Environmental Protection) are required. The 20-year development agreement
allows all mitigation to be completed before development begins.
Attorney Cole said the City is the first stop on a long road to permit this project. She said if
permitting agencies do not support the project, the City will rewind its approvals.
Member Barker moved to accept Thomas Cuba, Ph.D. as an expert witness in the fields
of scientific research, environmental management, bio-analysis, zoology, marine ecology, lake
management, aquatic and natural area weed control, surface water, ecology, planning, public
administration, permit application preparation and review, project ecological design, project
implementation, site remediation, and conflict resolution and abatement. The motion was duly
seconded and carried unanimously.
Thomas Cuba, Ph.D. with Delta Seven, representing the applicant, displayed a 1926
photograph of the site after the Courtney Campbell Causeway was built, showing the college
property had been used as a concrete land fill. The causeway blocks the bay’s east/west water
movement. He said until the City’s 2000 project improved circulation, the same water moved in
and out of Coopers Bayou, causing stagnation. He said this project would reopen the channel
in the mangrove swamp to improve water flow and refresh the system. He reviewed data
collected over the past decade which showed the majority of the swamp is muddy, shallow,
lacks fish, and much of the concrete fill is now covered with a layer of dirt. He said the
mangrove system is at an end of life phase. He said the site features Brazilian pepper trees
and other invasive species. He said the borrow pit is a dead zone. He said significant bacterial
growth is on the surface. He said the project is in contact with the Florida Fish and Wildlife
Conservation Commission regarding the eagle nest.
Member DiPolito moved to accept Abbey Naylor as an expert witness in the fields of
state and federal permitting, environmental site assessments, wetland jurisdictional
determinations, habitat mapping, vegetative and hydrologic monitoring, permit compliance, and
mitigation banking. The motion was duly seconded and carried unanimously.
Community Development Special 2010-08-03 3
Member Dame moved to accept Robert Pergolizzi as an expert witness in the fields of
transportation planning and as a certified planner. The motion was duly seconded and carried
unanimously.
Two people spoke in opposition to the project.
Jen Murphy requested to be accepted as an expert witness in the field of wildlife biology.
Attorney Cole objected as Ms. Murphy had not provided printed representation of her expertise.
Acting Member Carlough moved to accept Jen Murphy as an expert witness in the field of
wildlife biology. The motion was duly seconded. Members Dame, Adelson, and Hinrichs, Chair
Fritsch, and Acting Member Carlough voted “Aye”; Members DiPolito and Barker voted “Nay.”
Motion carried.
Ms. Murphy spoke in opposition to the project.
Barb Walker requested to be accepted as an expert witness in the field of eagles based on
her efforts on behalf of the Audubon Society. Attorney Cole objected to the request. Concern
was expressed that Ms. Walker does not have a college degree in a related field.
Acting Member Carlough moved to accept Barb Walker as an expert witness in the field of
eagles. The motion was duly seconded. Members Adelson and Hinrichs and Acting Member
Carlough voted “Aye”; Members Dame, DiPolito, and Barker, and Chair Fritsch voted “Nay.”
Motion failed.
Ms. Walker spoke in opposition to the project.
Mr. Chesney reviewed City plans in 1997 to develop Coopers Point when an eagle nest
was present. The new eagle nest is 9 feet from the college property and near the previous nest’s
position. Permits issued in 1996 allowed construction of dormitories within 300 feet of the eagle
nest. Since then, the eagle was delisted and rules changed. This first step in developing a
management plan for the eagles will consider the impact of wetland improvements and improved
water quality in Old Tampa Bay. The culvert’s size will be determined once hydrologic studies are
completed and the project is engineered. Studies also will discover the source of sediments
creating muck. He opined that the value of improved wetlands will more than offset the college’s
proposed development.
Dr. Cuba said the level of degradation is not apparent without venturing into the swamp’s
interior. He said canoes only can access the upper bayou, not the degraded mangroves and low-
functioning marsh. He said the project will plant, not remove, roosting trees. He said the overall
effect of improved water quality will increase available food for the eagles, enhance the eagle
area, and keep eagles out of cell towers. He said eagles eventually will kill the tree in which they
are nesting; they relocate every 10 to 20 years. .
Abbey Naylor, Vice President/Senior Ecologist for Birkitt Environmental Services, Inc.,
representing the applicant, reviewed the plan for a mitigation bank and its extensive permitting
process. She said improvements must be completed before mitigation banking occurs. She
said in the agreement, 99 acres of restored wetlands, with a trust fund to manage and protect
them in perpetuity, will be conveyed to a local government for a perpetual conservation
Community Development Special 2010-08-03 4
easement. Attorney Cole said trenching, removal of exotic species, etc. are components of the
plan. If the mitigation bank is not approved, the project will not move forward. She said impacts
must be offset before credits can be yielded.
Discussion ensued regarding unintended consequences, such as the degradation of water
quality in Old Tampa Bay following construction of the causeway and later, the college, before
stricter stormwater rules were adopted. It was stated that this project provides an opportunity to
sacrifice a few acres of wetlands for significant wetland improvements, including the removal of
exotic plants, enhancement to stormwater run off, establishment of a mitigation bank, and
upgrading the wetlands preservation area. It was felt that organizations, such as SWFWMD,
EPA, etc. are more knowledgeable regarding these issues than the Board. Support was
expressed for moving forward with the proposal as this is just the first of many required steps.
Member Dame moved to recommend approval of the Future Land Use Plan amendment
for Case LUZ2010-06002 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. The motion was duly seconded. Members Dame, DiPolito,
Adelson, Barker, and Hinrichs, and Chair Fritsch voted “Aye”; Acting Member Carlough voted
“Nay.” Motion carried.
Member Dame moved to recommend approval of Case DVA2010-06001 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. The
motion was duly seconded. Members Dame, DiPolito, Adelson, Barker, and Hinrichs, and Chair
Fritsch voted “Aye”; Acting Member Carlough voted “Nay.” Motion carried.
The CDB (Community Development Board) recessed from 2:58 to 3:07 p.m.
1. Level Three Application
Case: LUZ2010-06002 – 3400 Gulf-to-Bay Boulevard (Related to DVA2010-06001)
Owner/Applicant: Clearwater Christian College Private School, Inc.
Representative: Katherine E. Cole, Esquire, and Johnson, Pope, Bokor, Rupple & Burns,
LLP (P.O. Box 1368, Clearwater, FL 33757-1368; phone: 727-461-1818; fax: 727-462-
0365).
Location: 131.05 acres located on the north side of Gulf-to-Bay Boulevard approximately
900 feet east of S. Bayshore Boulevard.
Atlas Page: 292B.
Request:
b)
Zoning Atlas amendment from the Institutional (I), Commercial (C), Preservation (P), and
Open Space/ Recreation (OS/R) Districts to Institutional (I), Preservation (P) and Open Space/
Recreation (OS/R) Districts.
Type of Amendment: Large scale.
Proposed Use: Educational Facilities.
Neighborhood Associations: Del Oro Groves Estates Association and Clearwater Neighborhoods
Coalition.
Presenter: Lauren Matzke, AICP, Planner III.
See Exhibit: Staff Report LUZ2010-06002 2010-08-03 (Zoning Atlas amendment
information)
Community Development Special 2010-08-03 5
Member DiPolito moved to accept 1) Lauren Matzke as an expert witness in the fields of
historic preservation, annexations, land development codes and development code
amendments, and comprehensive planning; 2) Scott Rice as an expert witness in the fields of
civil engineering, land development, and environmental and hydraulic engineering; 3) Himanshu
Patni as an expert witness in the fields of traffic operations: speed studies, signs & markings,
ATMS/ITS deployment, traffic studies & fees, parking lot permits, ordinance review,
developmental impact on transportation, and network support; and 4) Ed Chesney as an expert
witness in the fields of environmental engineering, water quality, natural resources,
contamination assessment, and hazardous waste. The motion was duly seconded and carried
unanimously.
Member Dame moved to include the record of today’s previous public hearing with this
item. The motion was duly seconded and carried unanimously.
Ms. Matzke reviewed the staff report.
Member Barker moved to reaccept 1) Thomas Cuba, Ph.D. as an expert witness in the
fields of scientific research, environmental management, bio-analysis, zoology, marine ecology,
lake management, aquatic and natural area weed control, surface water, ecology, planning,
public administration, permit application preparation and review, project ecological design,
project implementation, site remediation, and conflict resolution and abatement; 2) David
Gildersleeve as an expert witness in the fields of EARs, comprehensive planning, zoning and
land use studies, DRIs, PD&E Studies, land development regulations, waterfront planning and
design, parks and recreation master planning, development/ redevelopment studies and plans,
public participation, and charrette facilitation; and 3) Abbey Naylor as an expert witness in the
fields of state and federal permitting, environmental site assessments, wetland jurisdictional
determinations, habitat mapping, vegetative and hydrologic monitoring, permit compliance, and
mitigation banking; and The motion was duly seconded and carried unanimously.
Attorney Cole said the college is giving up several land uses to gain 6.71 acres of
Institutional zoning, which will allow the college to expand.
Representative Gildersleeve said the request is consistent with regulations. He said the
site’s current land use designation would permit the college to add more dormitory beds and non-
residential uses than is being requested. He said the site’s uplands are consistent with
Institutional zoning.
Member Dame moved to accept Clay Richardson as an expert witness in the fields of
water resource investigations, design and permitting of natural systems restoration, water
resource studies, environmental resource permitting, plans development, and cost estimating
for flood control in urban areas, natural systems restoration projects, canal dredging, telemetry
controlled weir design, and site and roadway drainage/storm sewer design. The motion was
duly seconded and carried unanimously.
Clay Richardson, of Wade Trim, representing the applicant, said the campus’ current
stormwater system does not function well; the proposed site plan meets current standards. He
said preliminary modeling of the mitigation plan shows a net improvement based on upgrades to
the tidal creek, enhancements to the mangroves, and improved circulation.
Community Development Special 2010-08-03 6
Ms. Naylor said this plan improves the entire area rather than just a small piece. She said
the Tampa Bay estuary program identified a need for mitigation banks for Tampa Bay. She said
rules for mitigation banks are more stringent than for mitigation projects. She said the project will
need to be monitored for several years to make certain that improvements have been successful.
Member Hinrichs moved to reapprove Robert Pergolizzi as an expert witness in the fields
of transportation planning and as a certified planner. The motion was duly seconded and
carried unanimously.
Concern was expressed that if mowing nearby grass bothers the eagles, than noise and
lighting from ball fields would be more disturbing. A condition was recommended that the eagle
nest must be abandoned for at least a year before ball fields could be constructed. Mr. Chesney
said as part of its management plan, the City never altered its schedule to mow Coopers Point.
The nest remained occupied this year while mowing occurred on two occasions. Staff may
reconsider the schedule. Assistant City Attorney Leslie Dougall-Sides said during the approval
process, the State can impose measures eliminating activities near the eagle nest. Appropriate
measures can be imposed at the site plan stage of the project.
Dr. Cuba said the applicant is following bald eagle guidelines. He suggested it would be
more appropriate for the Fish and Wildlife Conservation Commission to impose restrictions on
the plan. Attorney Cole said the applicant opposes the suggested condition. She worked with
City staff on development agreement language. She said if the Fish and Wildlife Conservation
Commission opposes the ball fields, they will not be built.
Member Barker moved to recommend approval of the zoning request for Case LUZ2010-
06002 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. The motion was duly seconded. Members Dame, DiPolito, Adelson, Barker, and
Hinrichs, and Chair Fritsch voted "Aye"; Acting Member Carlough voted "Nay." Motion carried.
Items not on the Agenda
Concern was expressed that special CDB meetings had been called twice this year. It
was hoped that future advertising glitches do not occur.
D - ADJOURN
The meeting adjourned at 3:35 p.m
air
Community Development Board
Community Development Special 2010-08-03 7
EXHIBIT: STAFF REPORT LUZ2010-06002 2010-08-03
CDB Meeting Date: August 3, 2010
Case Number: LUZ2010-06002 (Related to DVA2010-06001)
Owner/Applicant: Clearwater Christian College Private School, Inc.
Address: 3400 Gulf-to-Bay Boulevard
Agenda Item: C-1 (Related to C.2.)
CITY OF CLEARWATER
PLANNING & DEVELOPMENT DEPARTMENT
STAFF REPORT
BACKGROUND INFORMATION
REQUEST:
(a)Future Land Use Plan amendment from the Institutional (I),
Commercial General (CG), Preservation (P),
Recreation/Open Space (R/OS), Residential Low (RL) and
Water/Drainage Feature classifications to the Institutional
(I), Preservation (P), Recreation/Open Space (R/OS) and
Water/Drainage Feature classifications; and
(b)Rezoning from the Institutional (I), Commercial (C),
Preservation (P), Low Density Residential (LDR) and Open
Space/Recreation (OS/R) districts to the Institutional (I),
Preservation (P), and Open Space/Recreation (OS/R)
districts.
SITE INFORMATION
Property Size:
5,708,538 square feet or 131.05 acres
Property Use:
Current Use:College
Proposed Use: College
Plan Category:
Current Categories: Institutional (I)
Commercial General (CG)
Preservation (P)
Recreation/Open Space (R/OS)
Residential Low (RL)
Water/Drainage Feature
Proposed Categories: Institutional (I)
Preservation (P)
Recreation/Open Space (R/OS)
Water/Drainage Feature
Zoning District:
Current Districts: Institutional (I)
Commercial (C)
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Preservation (P)
Low Density Residential (LDR)
Open Space/Recreation (OS/R)
Proposed Districts: Institutional (I)
Preservation (P)
Open Space/Recreation (OS/R)
Existing
Surrounding Uses:
North: Wetlands
South: Visitors Center, Causeway, Tampa Bay
East: Open Space, Wetlands, Tampa Bay
West: Single and Multi-Family Residential, Vacant,
FDOT Office
ANALYSIS:
The proposed amendment involves four parcels of land, comprising approximately 131.05 acres,
located north of Gulf-to-Bay Boulevard east of Bayshore Drive. The amendment request is to
amend the future land use and zoning designations on approximately 13.35 acres of the subject
property from the current Institutional (I), Preservation (P), Recreation/Open Space (R/OS),
Commercial General (CG), Water/Drainage Feature and Residential Low (RL) future land use
categories to the Institutional (I), Preservation (P), Recreation/Open Space (R/OS) and
Water/Drainage Feature future land use categories and from the Institutional (I), Commercial
(C), Preservation (P), Low Density Residential (LDR) and Open Space/Recreation (OS/R)
zoning districts to the Institutional (I), Preservation (P), and Open Space/Recreation (OS/R)
districts.
The subject property contains areas where the future land use and zoning designations are not
consistent with the actual characteristics of the area. The City submitted administrative future
land use map changes to the Pinellas Planning Council consistent with the Countywide Rules to
change 4.05 acres of the subject property from Preservation (P) to Institutional (I) based on the
current jurisdictional wetland line. These areas were uplands already developed with buildings,
paved roads, a soccer field and a retention pond. The Countywide Planning Authority (CPA)
approved this change on July 13, 2010. Other Preservation (P) areas that are inaccurately
designated Commercial General (CG) and Residential Low (RL) are being addressed within this
amendment.
This amendment increases land designated Institutional (I) on the Future Land Use Map in order
to accommodate growth of the college that currently owns and operates on the property. A
development agreement has been submitted that establishes a master plan for the developed
portion of the property, which resides within the proposed boundaries of the Institutional (I) land
use category, and limits residential and nonresidential density (Case No. DVA2010-06001). The
development agreement proposes dividing the subject property into two areas, a Mitigation Area
(98.99 acres or 4,312,004 square feet) and a Master Plan Area (32.06 acres or 1,396,533 square
feet). No development would be allowed outside the boundaries of the Master Plan Area.
The applicant has developed a Mitigation Plan as part of the accompanying development
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agreement which addresses the objectives of hydrologic restoration and habitat enhancement.
This plan will require approval by the U.S. Army Corps of Engineers and the Southwest Florida
Water Management District (SWFWMD). Activities proposed include removal of Brazilian
pepper, creation of a hydraulic connection under Damascus Road to improve tidal exchange,
improvement to tidal systems to improve water circulation, and habitat restoration for areas
impacted by mosquito ditching. The applicant will address these objectives and place a
conservation easement on the Mitigation Area (98.99 acres) in perpetuity.
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.
I. CONSISTENCY WITH THE CITY’S COMPREHENSIVE PLAN [Section 4-602.F.1
and 4-603.F.1]
Recommended Findings of Fact
The following objective and policies of the Clearwater Comprehensive Plan are supportive of
the proposed land use plan amendment. Only those policies determined to be most relevant to
this case have been included.
Wetlands Protection Goals, Objectives and Policies:
GOAL A.1 The City of Clearwater shall continue to protect natural resources and systems
throughout the city and ensure that these resources are successfully integrated into the urban
environment through land development regulations, management programs, and coordination
with future land use intensities and categories.
Objective A.1.1 On an ongoing basis, natural resources and systems shall be protected through
the application of local, state, and regional regulations, mitigation and management plans, and
permitting procedures as well as through locally instituted land purchase programs focusing on
environmentally sensitive properties and significant open space areas.
Policy A.1.1.1 Any permanent and temporary alteration of Department of Environmental
Protection (D.E.P.) jurisdictional or non-jurisdictional wetlands, the jurisdictional
wetlands of the Southwest Florida Water Management District (SWFWMD), beach
dunes, sensitive soils, or other natural systems shall be prohibited unless such alteration is
fully consistent with all local, state, and federal regulations, mitigation and management
plans, and permitting procedures that may be applicable, including the wetland vegetative
buffer requirement of the City’s Community Development Code
Policy A.1.1.3 Environmentally sensitive wetlands subject to Department of
Environmental Protection (DEP) jurisdiction and the jurisdictional wetlands of the
Southwest Florida Water Management District (SWFWMD) shall be designated by
“Preservation” (P) zoning and prevented from being built upon except as permitted by the
Preservation Zoning District.
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Policy A.1.1.8 Mitigation plans for alteration of non-jurisdictional wetlands, beach dunes,
swamps, marshes, streams, creeks, one hundred (100) year flood plains, or lakes shall
require not less than a 1:1 ratio of mitigation land (on- or off-site) as approved by the
Engineering Department and/or City Council, and in coordination with the Southwest
Florida Water Management District (SWFWMD).
Objective D.3.3 Lower high water profiles during storm events, as necessary, to reduce house
flooding occurrences and to lessen the resulting adverse effects on public health, the natural
environment, public and private property.
Policy D.3.3.6 Limit development that will result in building(s) constructed within/or
over stormwater retention/detention ponds, streams or channels. All wetlands, streams,
channels, or other hydrologic features, whether wetlands, ponds or bodies of water
having intrinsic hydrologic, biologic and zoological functions with no distinction made in
regard to its status to whether it is man-made or natural shall be considered for a
Preservation Land Use Plan classification to ensure protection from development.
Policy D.3.3.8 Continue the established requirement of a twenty-five foot setback from
the tops of a bank from all wetlands whether natural or man-made, and require minimum
finished floor elevations in areas adjacent to lakes, bays, creeks, the Gulf of Mexico,
Tampa Bay and Old Tampa Bay, and other flood prone areas.
Objective D.3.5 Protect and enhance the quality of receiving waters by the use of “Best
Management Practices” in accordance with the adopted watershed management plans.
Policy D.3.5.2 Vegetated swales, sodding, and appropriate landscaping will be required
as components of the drainage system for natural filtration before final discharge into
receiving waters.
Policy D.3.5.6 Continue to identify impaired bodies of water and prioritize them for
improvement and enhancement.
GOAL E.2 Management of Clearwater’s coastal resources shall prohibit activities that would
damage or destroy the natural or built environment, or threaten human life die to hurricane
hazards, and shall promote activities that enhance the natural and built environment.
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.
Policy E.2.1.1 Restoration and enhancement of disturbed or degraded estuaries identified
by the Surface Water Improvement and Management (SWIM) program shall be
accomplished by strict regulation of proposed impacts to wetlands and by controls on the
operation and installation of marinas and other water-dependent uses.
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Policy E.2.1.2 Development applications shall be reviewed to ensure that proposed new
development or redevelopment will not encroach on or remove wetlands or beaches. New
development and redevelopment shall be guided away from environmentally sensitive
areas and into those most able to withstand impacts.
Policy E.2.1.8 Future land uses which are incompatible with the protection and
conservation of wetlands and wetland functions shall be directed away from wetlands.
Policy E.2.1.9 The type, intensity or density, extent, distribution and location of
allowable land uses and the types, values, functions, sizes, conditions and locations of
wetlands are land use factors, which shall be considered when directing incompatible
land use away from wetlands.
Policy E.2.1.10 Land uses shall be distributed in a manner that minimizes the effect and
impact on wetlands. The protection and conservation of wetlands by the direction of
incompatible land uses away from wetlands shall occur in combination with other goals,
objectives and policies in the comprehensive plan. Where incompatible land uses are
allowed to occur, mitigation shall be considered as one means to compensate for loss of
wetlands functions.
Objective F.1.5 The City shall continue to maintain the wetland inventory of 760 acres as
identified in the City’s 2005 Wetlands Survey.
Policy F.1.5.1 Wetlands shall not be dredged and filled or disturbed in any manner other
than by natural phenomenon and their natural functions shall be protected, except through
the implementation of State or City mitigation standards.
Policy F.1.5.3 The City shall protect and prevent disturbance of any natural wetland areas
whether publicly or privately owned, by utilizing assessments and authority provided by
the Florida Department of Environmental (FDEP), the Southwest Florida Water
Management District (SWFWMD), Pinellas County and the Army Corps of Engineer.
Policy F.1.5.4 The City shall within the limits of state legislation protect all mangrove
species from disturbance and/or destruction and to provide public awareness of mangrove
resources and their importance and value to the food chain of marine life through the
strict enforcement of the City tree protection ordinance.
Objective G.1.4 Preserve natural open space areas which constitute aesthetic, and/or ecological
community assets.
Policy G.1.4.3 Continue to designate appropriate land “Preservation” and
“Recreation/Open Space” in the Future Land Use Plan whenever feasible.
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Policy G.1.4.4 Preserve coastal and interior wetlands, floodways, floodplains, and other
environmentally significant areas to protect their aesthetic and environmental qualities
which benefit the City.
Stormwater Goals, Objectives and Policies:
Policy A.1.1.5 Stormwater shall be controlled through consistent application of local,
state, and federal regulations, mitigation and management plans, and permitting
procedures for both site-specific and basin-level development plans.
GOAL D.3 Provide the most cost effective and efficient provision of stormwater management
including the improvement and enhancement of stormwater quality discharging into local
receiving waters, and provide maximum practical protection to persons, property and the natural
environment.
Objective D.3.2 The City of Clearwater shall continue to develop watershed management plans
which should seek to identify, evaluate and implement the most cost effective and cost efficient
programs for stormwater management, including stormwater quantity and quality. These plans
should also address any projects included in the Pinellas County Surface Water Management
Plan for the implementation of all stormwater management, as well as recommended funding
sources.
Policy D.3.2.3 All stormwater management improvements should seek to meet applicable
goals, guidelines, and regulations established to provide flood protection and pollution
abatement.
Policy E.2.1.4 The City shall work toward reducing the existing quantity and improving
the quality of stormwater runoff to estuarine and surface water bodies by ensuring that
development and redevelopment adheres to the treatment standards set forth in State
Water Policy, and complies with the retention and treatment requirements of Chapter 62-
25 F.A.C., the Environmental Resource Permitting Rules 40D-4, 40D-40, 40D-400,
F.A.C. of the Southwest Florida Water Management District (SWFWMD) and with any
more stringent local regulations.
Objective E.2.3 Clearwater Harbor and Tampa Bay are designated Outstanding Florida Waters
and are under a non-degradation rule. Clearwater will continue to manage stormwater runoff and
control erosion during construction to reduce waterborne sediments. As additional initiatives are
approved under the SWIM program, they will be considered for inclusion in the Community
Development Code.
Policy E.2.3.1 Restoration and enhancement of disturbed or degraded drainage systems
shall be implemented by upstream detention of stormwater, maintenance of existing
drainage channels, widening of bridges, culverts and other stormwater conveyance
structures.
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Objective F.2.1 The City shall continue to protect, improve and enhance surface waters from
stormwater runoff discharging into both interior and coastal surface waters.
Policy F.2.1.5 Management plans shall be developed for waterbodies with known or
suspected water quality problems in the City to include Tampa Bay, Clearwater Harbor,
Stevenson Creek, Allen's Creek, and Alligator Creek.
Threatened and Endangered Species Objectives and Policies:
GOAL E.2 Management of Clearwater’s coastal resources shall prohibit activities that would
damage or destroy the natural or built environment, or threaten human life die to hurricane
hazards, and shall promote activities that enhance the natural and built environment.
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.
F.1.3 Objective The City shall continue to maintain and enhance the City's wildlife and natural
native vegetation resources.
Policy F.1.3.1 Prohibit destruction and disturbance of all conservation land uses to
protect wildlife and plants especially those that are threatened or endangered species.
This policy shall include known, professional wildlife management and habitat
restoration techniques.
Coastal Storm Area Objectives and Policies:
Objective A.1.2 Population densities in the coastal storm areas are restricted to the maximum
density allowed by the Countywide Future Land Use Designation of the property, except for
specific areas identified in Beach by Design: A Preliminary Design for Clearwater Beach and
Design Guidelines, in which case densities identified in Beach by Design shall govern. All
densities in the coastal storm area shall be consistent with the Pinellas County Comprehensive
Emergency Management Plan and the Regional Hurricane Evacuation Study.
Policy A.1.2.2 Continue to cooperate with the Tampa Bay Regional Planning Council and
Pinellas County to meet the regional objectives for evacuation of permanent populations as well
as other emergency concerns.
Recommended Conclusions of Law
Although this application requests a change to the future land use map for lands currently
designated Preservation (P) which would impact existing wetlands, the proposed Mitigation
Plan, if approved by the U.S. Army Corps of Engineers and the Southwest Florida Water
Management District, will enhance existing, surrounding wetlands resulting in a net increase in
higher quality wetlands. All development will be limited to the lands designated Institutional (I),
and the Master Plan included within the proposed development agreement (Case No. DVA2010-
06001) includes a new stormwater management system and buffers between development and
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the surrounding wetlands consistent with the City’s Community Development Code. These
additional improvements to the site, coupled with the Mitigation Plan, will enhance the water
flow in the areas surrounding the uplands, consistent with the Comprehensive Plan Goals,
Objectives and Policies.
There is an active eagle nest immediately east of the subject area that is addressed in the
development agreement. Any development or construction activities related to this land use
change must comply with the state’s Bald Eagle Management Plan and any additional
regulations of the Florida Fish and Wildlife Conservation Commission.
The proposed land use change results in an increase in allowed residential density; however, this
density is limited by the development agreement to a maximum of 750 temporary residents
(dormitories). The development agreement also requires that a hurricane evacuation plan,
approved by the City, be developed in accordance with the Tampa Bay Regional Planning
Council recommendations for evacuation of a student population and include in its published
Safety Manual.
II. CONSISTENCY WITH COUNTYWIDE PLAN RULES
Recommended Findings of Fact
Proposed future land use categories on the subject property will include Institutional (I),
Preservation (P), Recreation/Open Space (R/OS) and Water/Drainage Feature. The developed
areas will be designated Institutional (I) and the remaining areas will be designated Preservation
(P), Recreation/Open Space (R/OS) and Water/Drainage Feature. Two land use categories,
Residential Low (RL) and Commercial General (CG), are being removed from the property as
these areas are primarily preservation areas that are inaccurately designated and will therefore be
more appropriately assigned to be consistent with the Countywide Rules as discussed below.
The purpose of the existing and proposed Institutional (I) category, as specified in Section
2.3.3.7.3 of the Countywide Rules, is to depict those areas of the county that are now used or
appropriate to be used, for public/semi-public institutional purposes; and to recognize such areas
consistent with the need, character and scale of the institutional use relative to surrounding uses,
transportation facilities, and natural resource features. This category is generally appropriate to
locations where educational, health, public safety, civic, religious and like institutional uses are
required to serve the community; and to recognize the special needs of these uses relative to their
relationship with surrounding uses and transportation access. The existing college and support
uses meet the intent of the Institutional (I) category.
The purpose of the existing and proposed Recreation / Open Space (R/OS) category as specified
in Section 2.3.3.7.2 of the Countywide Rules, is to depict those areas of the county that are now
used, or appropriate to be used, for open space and/or recreational purposes; and to recognize the
significance of providing open space and recreational areas as part of the overall land use plan.
This category is generally appropriate to those public and private open spaces and recreational
facilities dispersed throughout the county; and in recognition of the natural and man-made
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conditions which contribute to the active and passive open space character and recreation use of
such locations. There will be a net increase of 0.24 acres in the Recreation / Open Space (R/OS)
category, primarily at the northwest portion of the site along Bayshore Boulevard that is
currently designated Residential Low (RL).
The purpose of the existing and proposed Preservation (P) category as specified in Section
2.3.3.7.1 of the Countywide Rules, is to depict those areas of the county that are now
characterized, or appropriate to be characterized, as a natural resource feature worthy of
preservation; and to recognize the significance of preserving such major environmental features
and their ecological functions. This category is generally appropriate to those natural resource
features it is designed to recognize wherever they may appear and at a size significant to the
feature being depicted in relationship to its surroundings. In recognition of the natural conditions
which they are intended to preserve, these features will frequently occur in a random and
irregular pattern interposed among other categories.
The purpose of the existing and proposed Water/Drainage Feature category as specified in
Section 2.3.3.9.1 is to depict those water bodies and drainage features now committed to, or
proposed to be recognized for, these respective functions based on their physical characteristics
and use. Water bodies include ocean, estuary, lake, pond, river, stream and drainage detention
areas. Drainage features recognize existing natural and man-made drainage ways and water
bodies, and proposed drainage ways and water bodies, that are part of the Pinellas County Master
Drainage Plan, as subsequently refined through the individual Watershed Management Plans that
are shown in the Stormwater Management Element of the respective local government
Comprehensive Plans, or that are part of an approved site plan or other authorized development
order action of the local government with jurisdiction. This category is designed to reflect water
bodies and drainage features as defined herein and located on the Countywide Plan Map, as same
may be revised from time to time through the map amendment or map adjustment process, and
subject to their actual location on the ground.
The college campus site is located on Tampa Bay and is directly accessible from a main entrance
off the Courtney Campbell Causeway (Gulf-to-Bay Boulevard) which is designated a
Unique/Scenic View Corridor on the Pinellas Planning Council’s Scenic Non-Commercial
Corridor Map. The site is also adjacent to but not accessible from Bayshore Boulevard. The
intent and purpose of the Scenic/Noncommercial Corridor designation is to guide the
preservation and enhancement of scenic qualities, to ensure the integrity of the Countywide Plan
Map, and to maintain and enhance the traffic operation of these especially significant roadway
corridors in Pinellas County. Properties designated in the Unique/Scenic View subclassification
are characterized by their unique scenic, cultural, recreational or historic resources and typically
.
classified as Recreation/Open Space (R/OS) or Preservation (P)
The immediate area north of the Courtney Campbell Causeway (Gulf-to-Bay Boulevard) is
characterized by recreation/open space areas including a public beach and the City’s Visitors
Center, wetlands uses, and single and multi-family residential (with allowable densities ranging
between 7.5 units per acre to 15 units per acre) along Bayshore Drive. West of the subject
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property are mixed use residential/office/retail uses along Gulf-to-Bay Boulevard.
The subject property contains areas where the future land use and zoning designations are not
consistent with the existing character of the area. Recently, on July 13, 2010, the Countywide
Planning Authority (CPA) approved a request by the City for administrative adjustments to the
Future Land Use Map to change 4.05 acres of the subject property from Preservation (P) to
Institutional (I) based on the current jurisdictional wetland line. These areas are developed
uplands with existing buildings, paved roads, a soccer field and a retention pond for the college
campus. Other Preservation (P) areas on the subject property that are inaccurately designated
Commercial General (CG) and Residential Low (RL) are being addressed by this amendment.
This amendment increases land designated Institutional (I) on the Future Land Use Map in order
to accommodate expansion of the Clearwater Christian College campus that has existed on this
site and under the ownership of the college since 1967.
The accompanying proposed development agreement for the property establishes a master plan
for the developed portion of the property, consolidated within the proposed expansion of lands
designated Institutional (I) and limits associated with residential and nonresidential density for
the entire subject property (Case No. DVA2010-06001). The development agreement proposes
dividing the subject property into two areas, a Mitigation Area (98.99 acres or 4,312,004 square
feet) and a Master Plan Area (32.06 acres or 1,396,533 square feet), with no development being
allowed outside the boundaries of the Master Plan Area.
In order to mitigate impacts to wetlands in the Preservation (P) category to develop the proposed
Master Plan Area, the applicant proposes to address these objectives within a Mitigation Area
and to place a conservation easement on the Mitigation Area (98.99 acres) in perpetuity.
The request to amend the Future Land Use Map category on portions of the site from
Preservation (P) and Recreation / Open Space (R/OS) to Institutional (I) is consistent with the
applicable requirements of the Countywide Plan Rules Section 4.2.7.1.4, which allows a plan
amendment to a non-residential use on a Scenic Non-Commercial Corridor if it is a logical in-
fill, extension or terminus of an existing non-residential classification of an adjoining existing
non-residential use, the amendment is considered in relationship to the existing delineation of
surrounding categories, and the amendment is consistent with the purpose and intent of the
Scenic/Non-Commercial Corridor Element. The Institutional (I) category will allow the
extension of a non-residential classification for the expansion of the established college campus
and is consistent with the existing delineation of surrounding categories, and the purpose and
intent of the Scenic/Non-Commercial Corridor Element of the Countywide Plan. The proposed
preservation mitigation areas will enhance the existing wetlands in the Preservation (P) category.
Recommended Conclusions of Law
The proposed plan amendment is consistent with the purpose and locational characteristics of the
Countywide Plan Rules as well as the additional regulations set forth pertaining to Scenic/Non-
Commercial Corridors and the Scenic/Non-Commercial Corridor Element; therefore, the
proposed amendment is consistent with the Countywide Plan Rules.
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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.6]
Recommended Findings of Fact
The subject property is located on the north side of Gulf-to-Bay Boulevard at the easternmost
edge of the City of Clearwater boundaries. Development on the property is concentrated on the
upland area located in the southeast corner of the site which is currently designated Institutional
(I) and accessed by Damascus Road.
The Courtney Campbell Causeway / Gulf-to-Bay Boulevard is located on the south side of the
property. Area within the subject site is primarily wetlands which continue to the north and east.
To the west across Bayshore Drive are single and multi-family homes with Future Land Use
Map categories of Residential Urban (RU) and Residential Medium (RM) and zoning districts of
Low Medium Density Residential (LMDR) and Medium Density Residential (MDR). The
Residential Urban (RU) category permits 7.5 dwelling units per acre and the Residential Medium
(RM) permits 15 dwelling units per acre. The Low Medium Density Residential (LMDR) and
Medium Density Residential (MDR) zoning districts primarily permit residential uses.
The proposed Institutional (I) future land use category permits 12.5 dwelling units per acre and a
floor area ratio of 0.65 and the proposed Institutional (I) zoning district permits educational
facilities, schools, places of worship and governmental uses. The Preservation (P),
Recreation/Open Space (R/OS), and Water/Drainage Feature future land use categories
surrounding the Institutional (I) area have very limited development potential. The Preservation
(P) and Open Space/Recreation (OS/R) zoning districts allow recreational uses. These less
intensive districts are located adjacent to the residential districts west of the subject property.
Recommended Conclusions of Law
The proposed future land use and zoning designations are in character with the Future Land Use
Map and zoning designations in the area. They are compatible with surrounding uses and are
consistent with the character of the immediate surrounding area.
IV. SUFFICIENCY OF PUBLIC FACILITIES [Section 4-602.F.5 and 4-603.F.4]
Recommended Findings of Fact
The total area of the subject property is 131.05 acres (5,708,538 square feet), of which 82.32
acres (3,585,859 square feet) is designated Preservation (P), 22.87 (996,217 square feet) is
designated Water/Drainage Feature, 19.84 acres (864,230 square feet) is designated Institutional
(I), 3.41 acres (148,539 square feet) is classified Residential Low (RL), 1.05 acres (45,738
square feet) is designated Commercial General (CG), and 1.05 acres (45,738 square feet) is
designated Recreation/Open Space (R/OS) on the Future Land Use Map. An additional 0.56
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acres is unclassified right-of-way (Damascas Road). The site is currently developed with
educational facilities, dormitories, athletic fields and parking to support the college.
The future land use and zoning amendment request proposes an increase in the amount of land
designated Institutional (I) on the Future Land Use Map to 26.55 acres (1,156,518 square feet).
A development agreement has been submitted that proposes dividing the total property into two
areas, a Mitigation Area (98.99 acres or 4,312,004 square feet) and a Master Plan Area (32.06
acres or 1,396,533 square feet) (Case No. DVA2010-06001). No development will be allowed
outside the boundaries of the Master Plan Area. The proposed Master Plan area includes the
26.55 acres of Institutional (I) as well as some land designated Recreation/Open Space (R/OS)
and Preservation (P) on the Future Land Use Map. Because all current and proposed
development would be located within the Institutional (I) area, for the purposes of the public
facilities analysis, only those land use changes within the boundaries of the proposed
Institutional expansion area will be analyzed. For those land use designations where both
residential and nonresidential development is allowed, the current public facilities demand
analysis will utilize the most intensive use and density allowed.
The Institutional (I) future land use category permits 12.5 dwelling units per acre (residential
equivalent of 3 beds per unit) and a floor area ratio of 0.65. The subject property could yield a
maximum of 243 dwelling units (729 dormitory beds) or 551,556 square feet of nonresidential
floor area in the area currently designated Institutional (I) within the proposed Institutional (I)
expansion area. The Residential Low (RL) future land use category permits 5 dwelling units per
acre and a floor area ratio of 0.40. The portion of the subject property within the Institutional
expansion area designated Residential Low (RL) would allow up to 3 dwelling units (9
dormitory beds) or 12,197 square feet of nonresidential floor area. The Preservation (P) future
land use category permits a floor area ratio of 0.10, which could yield a maximum of 20,778
square feet of nonresidential floor area. The Recreation/Open Space (R/OS) future land use
category permits a floor area ratio of 0.25, which could yield up to 1,307 square feet of
nonresidential floor area within the proposed Institutional (I) expansion area. Water/Drainage
Feature and ROW do not have any development potential associated with the area.
Under the proposed Institutional (I) category, the subject area (26.55 acres total) could yield 331
dwelling units (993 dormitory beds) or a floor area of 751,736 square feet. Because the proposed
development agreement would limit the allowable development within the Master Plan area, and
all development will be within the Institutional expansion area, the public facilities demand
analysis for the proposed changes will be based on these proposed limits, which are up to
170,000 square feet of nonresidential floor area and up to 750 dormitory beds (equivalent of 250
dwelling units).
Roadways
The subject site is proposed to have direct access to Gulf-to-Bay Boulevard. According to the
traffic analysis submitted by the applicant and approved by the City’s Engineering Department,
potential traffic generation will be distributed along Gulf-to-Bay Boulevard in the following
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manner: 10% of the trips will be distributed east on Gulf-to-Bay Boulevard and 90% of the trips
will be distributed west on Gulf-to-Bay Boulevard. The traffic analysis submitted by the
applicant utilizes different segment beginnings and ends than those included within the Pinellas
County Metropolitan Planning Organization Level of Service Report; therefore, the following
table does not utilize the trip distribution percentages provided within the secondary analysis.
The resulting figures assume that the net new trips generated would be distributed onto one
single adjacent segment without consideration to direction of traffic, thus presenting the
maximum potential traffic to be generated on the segment by the proposed parcel and related
land use change.
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 Gulf-to-Bay Boulevard under the current and proposed future land use designations.
Note: The Countywide Plan Rules traffic generation guidelines are the accepted methodology for
reviewing the roadway impacts of proposed Future Land Use Map amendments.
Courtney Campbell Causeway from the Hillsborough County Line to Bayshore Boulevard
currently operates at a level of service F, 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 not further degrade the operating level of service, of the
PM peak hour.
Table 1: MAXIMUMPOTENTIAL TRAFFIC
(Proposed Institutional (I) area – 26.55 acres)
Gulf-to-Bay Boulevard:
Existing Current Proposed Net New
Courtney Campbell Causeway Segment
12
Conditions FLUM FLUM Trips
(Hillsborough County Line to Bayshore Blvd)
Maximum Daily Added Potential Trips N/A 3,777 5,098 1,321
Maximum PM Peak Hour Added Potential Trips 3 N/A 359 484 125
Roadway Volume 52,000 55,777 57,098 1,321
Roadway Level of Service PM Peak Hour F F 4 F 4 F 4
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 192 trips per acre per day for the Institutional (I) Future Land Use
Category (19.48 acres), 0.3 trips per acre per day for the Preservation (P) Future Land Use Category (4.77 acres), 3 trips per
acre per day for the Recreation/Open Space (R/OS) Future Land Use Category (0.12 acres) and 50 trips per acre per day for
the Residential Low (RL) Future Land Use Category (0.7 acres).
2. Based on PPC calculations of 192 trips per acre per day for the Institutional (I) Future Land Use Category.
3. Based on MPO 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, indicates the estimated trip
generation for specific uses allowed in the current and proposed zoning districts based on the
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th
Institute of Transportation Engineer’s (ITE) Trip Generation 8 Edition. The analysis compares
trips generated by the current enrollment of the current use of the subject property (college) to
the proposed maximum enrollment of the current use of the subject property (college) and a
more intensive institutional use allowed within the proposed Institutional District (church).
Table 2: TRIP GENERATION COMPARISON BY ZONING DESIGNATION
PM Peak Net
Avg. Net Change PM
Development Trips Change
Land Use Daily Average Peak
Potential Average PM Peak
Trips Daily Trips Trips
Rate Trips
EXISTING DESIGNATIONS: “I”, “P”, “OS/R” & “LDR” Zoning districts
( “I”, “P”, “R/OS”, “RL”, and “Water/Drainage Feature” Future Land Use categories)
University/College 1
3
575 students 1,369 0.21 121
N/A N/A
(2.38 trips/student)
PROPOSED DESIGNATIONS: “I” Zoning District (“I” Future Land Use Category)
1
University/College
4
925 students 2,202 833 0.21 194 73
(2.38 trips/student)
Church 2
5
751,736 SF 6,848 5,479 0.55 413 292
(9.11/1,000 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 th Edition Land Use 550.
th
2. Institute of Transportation Engineer’s Trip Generation 8 Edition Land Use 560.
3. Existing enrollment of Clearwater Christian College (2010).
4. Proposed enrollment of Clearwater Christian College.
5. Total gross floor area ratio permitted by the underlying I Future land use map category is 0.65.
Two possible uses were analyzed in the Trip Generation Comparison by Zoning Designation
table. University/College use reflects the current and proposed use of the subject area. Trip
generation rates for University/College uses are based on number of students, not density.
Based on the ITE Trip Generation Manual, this use and the increase in students would result in
an increase of 73 PM Peak trips. Church use was chosen because it is an intensive institutional
use. A church use developed at the maximum intensity in the Institutional (I) District (751,736
square feet) would result in an increase of 292 PM Peak trips on Gulf-to-Bay Boulevard
(Courtney Campbell Causeway). Both of the possible uses analyzed generate additional trips;
however, the Church use scenario analysis is for a greater development potential than the
proposed maximum density being limited by the Development Agreement accompanying this
application.
The traffic impact analysis submitted by the applicant used real time data to develop an accurate
volume count for the adjacent segments of Gulf-to-Bay Boulevard between McMullen Booth
Road and the Clearwater city limits, as well as for the intersections of Gulf-to-Bay Boulevard
and Bayshore Boulevard and Gulf-to-Bay Boulevard and Damascus Road. This study indicates
that the existing roadway levels of service on these segments is D, peak hour, and the signals are
operating at level of service C. The additional trips generated by the proposed changes to the site
will not negatively affect the level of service on Gulf-to-Bay Boulevard and the intersections will
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continue to operate at acceptable levels of service.
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 designations could use up to 66,835 gallons of potable water per day.
Under the proposed future land use designation, potable water demand could approach
approximately 82,100 gallons per day, which results in a net increase of 15,265 gallons.
Wastewater
The current future land use designations could produce up to 59,809 gallons of wastewater per
day. Under the proposed future land use designation, sewer demand could approach
approximately 72,190 gallons per day, which results in a net increase of 12,381 gallons.
Solid Waste
The current future land use designation could generate 988 tons of solid waste per year. Under
the proposed future land use designation, 2,157 tons of solid waste could be generated per year,
or an increase of 1,169 tons.
Recreation and Open Space
The City has sufficient parkland or recreational facility capacity to serve future development
under the proposed amendment. Open Space, Recreation Land and Recreation Facility impact
fees will be required for future development prior to the issuance of a building permit. Impact
fees will be determined as part of the development review process.
Public School Facilities
Based on factors established by the Pinellas County School Board, the current Institutional (I)
plan category (potential of 243 residential units) and Residential Low (RL) plan category
(potential of 3 residential units) could generate the following number of students.
Elementary School: 0.15 students per unit x 246 units = 36.90 students
Middle School: 0.07 students per unit x 246 units = 17.22 students
High School: 0.10 students per unit x 246 units = 24.60 students
TOTAL = 78.72 students
Based on factors established by the Pinellas County School Board, the proposed Institutional (I)
plan category (potential of 331 residential units) could generate the following number of
students.
Elementary School: 0.15 students per unit x 331 units = 46.65 students
Middle School: 0.07 students per unit x 331 units = 23.17 students
High School: 0.10 students per unit x 331 units = 33.10 students
TOTAL= 105.92 students
Community Development Board – August 3, 2010 - Case LUZ2010-06002 - Page 15 of 19
S:\psulliva\CDB - Community Development\0810a Exhibit Staff Report LUZ2010-06002 2010-08-03.docx
EXHIBIT: STAFF REPORT LUZ2010-06002 2010-08-03
An increase of 27.2 students could occur as a result of the proposed Future Land Use Map
amendment. The subject property is located within Concurrency Service Area (CSA) C 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 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 will not degrade the existing level of service on Gulf-to-Bay
Boulevard or the operational efficiency of the signalized intersections. 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.]
Recommended Findings of Fact
The total area of the subject property is 131.05 acres, characterized primarily by wetland habitat
currently designated Preservation (P) and Water/Drainage Feature on the Future Land Use Map
(105.19 acres total). Smaller portions of the wetland area are designated Residential Low (RL)
and Commercial General (CG) which is inconsistent with the physical characteristics of those
areas of the property (4.46 acres total). The proposed map amendments would expand the
existing Institutional (I) area by changing the designation of Preservation (P), Residential Low
(RL), Recreation/Open Space (R/OS), and Water/Drainage Feature to Institutional (I) on the
Future Land Use Map, resulting in 26.55 acres of land designated Institutional (I).
The applicant received approval of a Petition for Formal Determination of Wetlands and Other
Surface Waters from SWFWMD on December 3, 2009, approving their specific purpose wetland
survey depicting location of the upland areas within the property boundaries. Upon approval of
this land use map amendment, the applicant intends to apply for additional changes to the
jurisdictional wetland boundaries in order to accommodate additional development within the
proposed Institutional (I) area. Prior to any development or construction activities on the site,
permits would be required from the appropriate regulatory agencies including the U.S. Army
Corps of Engineers and SWFWMD.
The proposed plans would potentially impact 7.8 acres of habitat, a portion of which is currently
designated Institutional (I) on the Future Land Use Map. The applicant has provided a
Threatened and Endangered Species Report including an analysis of the species of animals and
habitat present within the area proposed to be impacted. Impacted habitat includes black
mangrove forest (2.48 acres), Brazilian pepper/landfill forest (1.75 acres), mixed grasses (1.55
acres), open water (1.11 acres) and small stands of pine and oak within the wetland boundaries.
According to this report, the majority of the areas being impacted are already degraded habitats;
however, 1.55 acres of high marine marsh dominated by specific species of mixed grasses (1.55
Community Development Board – August 3, 2010 - Case LUZ2010-06002 - Page 16 of 19
S:\psulliva\CDB - Community Development\0810a Exhibit Staff Report LUZ2010-06002 2010-08-03.docx
EXHIBIT: STAFF REPORT LUZ2010-06002 2010-08-03
acres) is functional habitat that would be impacted by the proposed plans, should they be
permitted by the appropriate regulatory agencies.
The applicant worked to minimize the impact to the high quality Preservation (P) areas, and has
submitted a Mitigation Plan for 99 acres of the wetlands area that would, according to the plan,
restore and enhance the degraded wetland ecosystem. The proposal addresses the objectives of
hydrologic restoration and habitat enhancement through the removal of Brazilian pepper,
restoration of habitat impacted by mosquito ditching, enhancing tidal creek flow, and creating a
hydraulic connection under Damascus Road.
The proposed land use change facilitates the development of a Master Plan for the college. The
accompanying development agreement (Case No. DVA2010-06001) limits any development to
the Institutional (I) area within the Master Plan and includes a new stormwater management
system and buffers between development and the surrounding wetlands consistent with the
Clearwater Community Development Code. A conservation easement would be placed on the
Mitigation Area in perpetuity, further restricting the future development potential within the
subject area.
Recommended Conclusions of Law
Based upon the findings of fact, it has been determined that although the proposal could result in
limited impacts to wetland habitat surrounding the college, the proposed mitigation strategies
could improve the overall wetland ecosystem. The applicant will need to receive further
approvals and permits from the appropriate regulatory agencies before any development could
take place. The Mitigation Plan, which would also need to be approved by the U.S. Army Corps
of Engineers and the Southwest Florida Water Management District, would result in a net
increase of higher quality wetlands, while impacts to higher quality habitat is being minimized
by the plan. Any development would require compliance with the City’s tree preservation,
stormwater management, and wetland buffer requirements.
VI. LOCATION OF DISTRICT BOUNDARIES [Section 4-602.F.6.]
Recommended Findings of Fact
Due to the development on the subject site being restricted to the southeast portion of the site, the
location of the proposed Institutional (I) boundaries is logical and an appropriate classification.
The district boundaries are appropriately drawn in regard to ownership lines and proposed master
plan and mitigation areas.
The proposed Preservation (P) boundaries will make the zoning designations of some areas
currently zoned Residential Low (RL) and Commercial (C) consistent with the actual
characteristics of the area. The proposed boundaries will continue to maintain an extensive
buffer between the college in the southeast corner of the subject site and the residential uses
approximately 1,800 feet to the west. The district boundaries are appropriately drawn in regard
to ownership lines and proposed master plan and mitigation areas.
Community Development Board – August 3, 2010 - Case LUZ2010-06002 - Page 17 of 19
S:\psulliva\CDB - Community Development\0810a Exhibit Staff Report LUZ2010-06002 2010-08-03.docx
EXHIBIT: STAFF REPORT LUZ2010-06002 2010-08-03
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 Institutional (I) future land use and zoning designations permit a floor area ratio of
0.65 and a 0.85 impervious surface ratio. The subject property meets the minimum lot area of
40,000 square feet required for educational facilities uses in the Institutional (I) zoning district.
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.
SUMMARY AND RECOMMENDATIONS
The request for amendment to the Future Land Use Map involves a change from the Institutional
(I), Commercial General (CG), Preservation (P), Recreation/Open Space (R/OS), Residential
Low (RL) and Water/Drainage Feature future land use categories to the (I), Preservation (P),
Recreation/Open Space (R/OS) and Water/Drainage Feature future land use categories. Also
involved is a request for rezoning from the Institutional (I), Commercial (C), Preservation (P),
Low Density Residential (LDR) and Open Space/Recreation (OS/R) zoning districts to the
Institutional (I), Preservation (P), and Open Space/Recreation (OS/R) zoning districts.
The subject property is developed as a college. The site is surrounded by preservation and
wetland areas to the north and east, the Courtney Campbell Causeway to the south, and
residential uses to the west. The proposed amendment is compatible with the existing
neighborhood. The use and density of this property is proposed to be limited through a
companion development agreement application (Case No. DVA2010-06001).
The proposed Institutional (I), Preservation (P), Recreation/Open Space (R/OS) and
Water/Drainage Feature Future Land Use Map classifications and Institutional (I), Preservation
(P), and Open Space/Recreation (OS/R) zoning districts are consistent with both the City
Comprehensive Plan and the Countywide Rules, are compatible with the surrounding area, do not
degrade public services below acceptable levels, are compatible with the natural environment
with the approval of the Mitigation Plan and the granting of a conservation easement over lands
designated Preservation (P) are consistent with the development regulations of the City.
Approval of this land use map 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 and Development Department recommends the
following actions on the request:
ACTION:
Community Development Board – August 3, 2010 - Case LUZ2010-06002 - Page 18 of 19
S:\psulliva\CDB - Community Development\0810a Exhibit Staff Report LUZ2010-06002 2010-08-03.docx
EXHIBIT: STAFF REPORT LUZ2010-06002 2010-08-03
APPROVAL
Recommend of the Future Land Use Map amendment from the Institutional (I),
Commercial General (CG), Preservation (P), Recreation/Open Space (R/OS), Residential Low
(RL) and Water/Drainage Feature categories to the Institutional (I), Preservation (P),
Recreation/Open Space (R/OS) and Water/Drainage Feature categories and the rezoning
request from the Institutional (I), Commercial (C), Preservation (P), Low Density Residential
(LDR) and Open Space/Recreation (OS/R) districts to the Institutional (I), Preservation (P),
and Open Space/Recreation (OS/R) districts.
Prepared by Planning & Development Department staff: _______________________________
Lauren Matzke, AICP, Planner III
Attachments:
Resume
Application
Location Map
Aerial Photograph of Site and Vicinity
Current Future Land Use Map
Proposed Future Land Use Map
Current Zoning Map
Proposed Zoning Map
Existing Surrounding Use Map
Site Photographs
Community Development Board – August 3, 2010 - Case LUZ2010-06002 - Page 19 of 19
S:\psulliva\CDB - Community Development\0810a Exhibit Staff Report LUZ2010-06002 2010-08-03.docx
EXHIBIT: STAFF REPORT DVA2010-06001 2010-08-03
CDB Meeting Date: August 3, 2010
Case Number: DVA2010-06001 (Related to LUZ2010-06002)
Agenda Item: C.2. (Related to C.1.)
Owner/Applicant: Clearwater Christian College Private School, Inc.
Representative: Katherine E. Cole, Esquire, Johnson, Pope, Bokor, Ruppel & Burns, LLP
Address: 3400 Gulf-to-Bay Boulevard
CITY OF CLEARWATER
PLANNING AND DEVELOPMENT DEPARTMENT
STAFF REPORT
GENERAL INFORMATION:
REQUEST: Review of, and recommendation to the City Council, of a
Development Agreement between Clearwater Christian College
Private School, Inc. (the property owner) and the City of
Clearwater as per Community Development Code Section 4-606.
CURRENT/PROPOSED Current: Institutional (I), Commercial (C), Open
ZONING DISTRICTS: Space/Recreation (OS/R), and Preservation (P)
Districts
Proposed: Institutional (I), Open Space/Recreation (OS/R), and
Preservation (P)
CURRENT/PROPOSED Current: Institutional (I), Commercial General (CG),
FUTURE LAND USE Preservation (P), Recreation/Open Space (R/OS),
MAP CATEGORIES: Residential Low (RL), and Water/Drainage Feature
Proposed: Institutional (I), Preservation (P), Recreation/Open
Space (R/OS), and Water/Drainage Feature
PROPERTY USE: Current: Educational Facilities uses
Proposed: Educational Facilities uses of up to 170,000 square feet
of nonresidential floor area (0.149 Floor Area Ratio)
and up to 750 Dormitory Beds/Residents (12.5 dwelling
units per acre) at a maximum height of 50 feet
EXISTING North: Preservation (P) and Open Space/Recreation (OS/R)
SURROUNDING Districts
ZONING AND USES: Open Space and Wetlands
South: Preservation (P) and Open Space/Recreation (OS/R)
Districts
Tourist Information, Causeway and Tampa Bay
East: Preservation (P) and Open Space/Recreation (OS/R)
Open Space and Tampa Bay
West: Low Medium Density Residential (LMDR), Medium
Density Residential (MDR), Mobile Home Park
(MHP), and Commercial (C)
Community Development Board – August 3, 2010
DVA2010-06001 – Page 1 of 5
EXHIBIT: STAFF REPORT DVA2010-06001 2010-08-03
Residential uses, Governmental use, and Vacant
ANALYSIS:
Site Location and Existing Conditions:
The 131.05-acre site is located on the north side of Gulf-to-Bay Boulevard east of Bayshore
Boulevard. The subject property is developed with the Clearwater Christian College. The
subject property has approximately 1,440 feet of frontage along Gulf-to-Bay Boulevard adjacent
to Florida Department of Transportation (FDOT) right-of-way and approximately 1,670 feet of
frontage along Bayshore Boulevard.
Properties to the north and east of the subject property are zoned Preservation (P) and Open
Space/Recreation (OS/R) districts and are primarily wetlands and open space comprising
Coopers Bayou and Tampa Bay. Properties to the south are zoned Open Space/Recreation
(OS/R) and Preservation (P) districts. This land includes the Clearwater Visitors Center, the
Courtney Campbell Causeway (Gulf-to-Bay Boulevard) and associated FDOT right-of-way.
Across Gulf-to-Bay Boulevard is Tampa Bay. The adjacent property to the southwest is zoned
Commercial (C) District. One lot is developed with a FDOT office, and the others are vacant.
Properties to the west across Bayshore Boulevard are zoned Low Medium Density Residential
(LMDR), Medium Density Residential (MDR), and Mobile Home Park (MHP) Districts and are
developed with attached and detached dwellings.
Development Proposal:
There is a companion application to amend the Future Land Use Map categories for the subject
properties from Institutional (I), Commercial General (CG), Preservation (P), Recreation/Open
Space (R/OS), Residential Low (RL), and Water/Drainage Feature categories to Institutional (I),
Preservation (P), Recreation/Open Space (R/OS), and Water/Drainage Feature categories, and to
rezone this area from Institutional (I), Commercial (C), Open Space/Recreation (OS/R), and
Preservation (P) districts to Institutional (I), Open Space/Recreation (OS/R), and Preservation (P)
districts (LUZ2010-06002). This Future Land Use Map amendment would expand the portion of
the property designated Institutional (I) and appropriately designate areas within the College
property where the future land use designation and zoning are inconsistent with the surrounding
areas or the actual use of the property.
The development proposal divides the subject site into two areas, a Master Plan Area (32.06
acres) and a Mitigation Area (98.99 acres). The Master Plan Area consists of the proposed
Institutional (I), Preservation (P) and Recreation/Open Space (R/OS) land use designations.
Development would be concentrated within the proposed Institutional (I) area and shall be in
substantial conformance with the proposed Master Plan. The Master Plan depicts proposed
locations for additional athletics fields and reconfigured parking as well as expansion of the
college’s residential dormitories and administrative space. The Mitigation Area would be
designated Preservation (P), Water/Drainage Feature, and Recreation/Open Space on the future
land use map. There would be no development potential within the Mitigation Area because of a
conservation easement, to be granted in perpetuity.
Development Agreement:
The proposed Institutional (I) Future Land Use Map category for the portion of the subject
property developed by the college and where future expansion is proposed would permit a
maximum floor area ratio (FAR) of 0.65 and a maximum density of 12.5 dwelling units per acre.
Community Development Board – August 3, 2010
DVA2010-06001 – Page 2 of 5
EXHIBIT: STAFF REPORT DVA2010-06001 2010-08-03
The purpose of this Development Agreement is to establish a Master Plan and Mitigation Plan
for the Clearwater Christian College that serves as a mechanism to conceptually plan for the
campus expansion and acknowledging the wetland impacts that would occur.
Based on the proposed Institutional (I) lot area (1,156,518 square feet; 26.55 acres) and the
maximum FAR, an institutional use could be developed with a maximum of 751,736 square feet
of nonresidential floor area; however, the college is comprised of residential (dorms) and
nonresidential (classrooms and administrative offices) space so a mixed-use calculation is
required. The Development Agreement proposes a maximum of 170,000 square feet of
nonresidential floor area. Based on the allowable FAR of 0.65, a total of 261,540 square feet of
land is need to support these uses. The remainder of the Institutional (I) area (894,978 square
feet or 20.54 acres), could be developed with a maximum of 256 dwelling units or 768 dormitory
beds (3 beds is the equivalent of 1 dwelling unit). The Development Agreement proposes a
maximum of 750 dormitory beds.
The proposed Development Agreement will be in effect for a period not to exceed twenty (20)
years and includes the following main provisions:
Is not effective until final approval and effectiveness of the amendment of the future land
?
use map categories and rezonings under LUZ2010-06002;
Requires the Developer to seek approval from the appropriate state and federal agencies
?
(Southwest Florida Water Management District, Florida Department of Environmental
Protection, U.S. Army Corps of Engineers) for an approved mitigation plan in the
Mitigation Plan Area prior to the issuance of land clearing and building permits;
Is not effective until final approval of the wetland Mitigation Plan in the Mitigation Bank
?
Area by the U.S. Army Corps of Engineers;
In the event final approvals of the Future Land Use Map categories, rezonings, or
?
Mitigation Plan are not satisfied within twelve (12) months, the City and Developer agree
to terminate this agreement;
Sets out the Developer’s transportation obligations, including:
?
?
Dedication of perpetual easement of approximately 1.01 acres for ingress/egress to
Coopers point Bayou property adjacent to Master Plan Area;
?
Construction of the Coopers Point Access in conjunction with the construction of
the Master Plan;
Requires that all improvements be constructed, if at all, pursuant to the Master Plan;
?
Establishes boundary change procedures in the event that the agency permitting process
?
results in changes to the proposed wetland jurisdictional boundary line as depicted on the
Master Plan;
Community Development Board – August 3, 2010
DVA2010-06001 – Page 3 of 5
EXHIBIT: STAFF REPORT DVA2010-06001 2010-08-03
Requires developer to obtain and maintain any approvals and permits necessary from the
?
United States Fish and Wildlife Service and the Florida Fish and Wildlife Conservation
Commission ("FWC"), including any required FWC permit for the construction near an
active eagle nest;
The City Council may enter into Development Agreements to encourage a stronger commitment
on comprehensive and capital facilities planning, to ensure the provision of adequate public
facilities for development, to encourage the efficient use of resources, and to reduce the
economic cost of development. The CDB is required to review the proposed Development
Agreement and make a recommendation to the City Council.
SUMMARY AND RECOMMENDATION:
The Development Review Committee (DRC) reviewed the application and supporting materials
at its meeting of July 1, 2010, and deemed the development proposal to be legally sufficient to
move forward to the CDB, based upon the following:
Findings of Fact: The Planning and Development Department, having reviewed all evidence
submitted by the applicant and requirements of the Community Development Code, finds that
there is substantial competent evidence to support the following findings of fact:
1.That the 131.05-acre site is located on the north side of Gulf-to-Bay Boulevard east of
Bayshore Boulevard;
2.That there is a companion application to amend the Future Land Use Map categories for the
subject properties from Institutional (I), Commercial General (CG), Preservation (P),
Recreation/Open Space (R/OS), Residential Low (RL), and Water/Drainage Feature
categories to Institutional (I), Preservation (P), Recreation/Open Space (R/OS), and
Water/Drainage Feature categories, and to rezone this area from Institutional (I), Commercial
(C), Open Space/Recreation (OS/R), and Preservation (P) districts to Institutional (I), Open
Space/Recreation (OS/R), and Preservation (P) districts (LUZ2010-06002);
3.That the proposed Institutional (I) Future Land Use Map category portion of the subject
property developed by the college and where future expansion is proposed permits a
maximum floor area ratio (FAR) of 0.65 and a maximum density of 12.5 dwelling units per
acre;
4.That the purpose of this Development Agreement is to establish a Master Plan and Mitigation
Plan for the Clearwater Christian College; and
5.That a procedure is established for boundary changes that may be required in the event that
the agency permitting process results in changes to the proposed wetland jurisdictional
boundary line as depicted on the Master Site Plan.
Conclusions of Law: The Planning and Development Department, having made the above
findings of fact, reaches the following conclusions of law:
1.That the Development Agreement implements and formalizes the maximum requirements for
the construction of on-site and off-site improvements under the related site plan proposal
(FLD2010-06001);
2.That the Development Agreement complies with the standards and criteria of Section 4-606
of the Community Development Code;
Community Development Board – August 3, 2010
DVA2010-06001 – Page 4 of 5
EXHIBIT: STAFF REPORT DVA2010-06001 2010-08-03
3.That the Development Agreement is consistent with and furthers the Visions, Goals,
Objectives and Policies of the Comprehensive Plan.
Based upon the above, the Planning and Development Department recommends the
APPROVAL
, and recommendation to the City Council, of a Development Agreement between
Clearwater Christian College Private School, Inc. (the property owner) and the City of
Clearwater as per Community Development Code Section 4-606, for the property at 3400 Gulf-
to-Bay Boulevard.
Prepared by Planning and Development Department Staff:
__________________________________________
Lauren Matzke, AICP, Planner III
ATTACHMENTS:
Development Agreement with Exhibits
?
Staff Resume
?
Location Map
?
Aerial Map
?
Current Future Land Use Map
?
Proposed Future Land Use Map
?
Current Zoning Map
?
Proposed Zoning Map
?
S:\Planning Department\C D B\Development Agreements (DVA)\DVA2010-06001 - Gulf to Bay 3400 (I - Proposed + P - proposed) 2010.07
DRC - LKM\DVA2010-06001 Gulf to Bay 3400 DVA Staff Report for 8 3 10 CDB.docx
Community Development Board – August 3, 2010
DVA2010-06001 – Page 5 of 5
Clearwater
Interdepartmental Correspondence Sheet
TO:
FROM:
COPIES:
Community Development Board Members
Robert Tefft, Development Review Manager
Leslie Dougall-Sides, Assistant City Attorney; Susan Chase, City Clerk Specialist;
Sue Diana, Assistant City Clerk; /Pat Sullivan, Board Reporter
SUBJECT: Agenda Items for August 03, 2010
DATE: July 26, 2010
CDB packets being distributed on contain the following items:
Agenda
Site investigation form
Unapproved minutes of previous meeting
LEVEL THREE APPLICATIONS (Items 1-2):
1. Case: LUZ2010-06002 - 3400 Gulf-to-Bay Boulevard
Yes X No
(Related to DVA2010-06001)
2. Case: Case: DVA2010-06001 - 3400 Gulf-to-Bay Boulevard (Related to LUZ2010-06002)
Yes C No
on
Signature:
to the
Date: 912-110
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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: Agenda Items for August 03, 2010
DATE: July 26, 2010
CDB packets being distributed on contain the following items:
Agenda
Site investigation form
Unapproved minutes of previous meeting
LEVEL THREE APPLICATIONS (Items 1-2):
1. Case: LUZ2010-06002 - 3400 Gulf-to-Bay Boulevard (Related to DVA2010-06001)
Yes
No
2. Case: Case: DVA2010-06001 - 3400 Gulf-to-Bay Boulevard (Related to LUZ2010-06002)
Yes No
I have conducted a personal investigation on the personat site visa to
Signature: Date:
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Interdepartmental Correspondence Sheet
TO:
FROM:
COPIES:
Community Development Board Members
Robert Tefft, Development Review Manager
Leslie Dougall-Sides, Assistant City Attorney; Susan Chase, City Clerk Specialist;
Sue Diana, Assistant City Clerk; /Pat Sullivan, Board Reporter
SUBJECT: Agenda Items for August 03, 2010
DATE: July 26, 2010
CDB packets being distributed on contain the following items:
Agenda
Site investigation form
Unapproved minutes of previous meeting
LEVEL THREE APPLICATIONS (Items 1-2):
1. Case: LUZ2010-06002 - 3400 614f--to-Bay Boulevard (Related to DVA2010-06001)
11 1
Yes
2. Case: Case: DVA2010-06001 - 3400 Gulf-to-Bay Boulevard (Related to LUZ2010-06002)
Yes
No
No
S:IPlanning DepartmentlCD BUgendas DRC & CDkCDB12010W August 03, 2010 Special CDB meetingq Cover MEMO 2010.doc
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Interdepartmental Correspondence Sheet
TO:
FROM:
COPIES:
Community Development Board Members
Robert Tefft, Development Review Manager
Leslie Dougall-Sides, Assistant City Attorney; Susan Chase, City Clerk Specialist;
Sue Diana, Assistant City Clerk; /Pat Sullivan, Board Reporter
SUBJECT: Agenda Items for August 03, 2010
DATE: July 26, 2010
CDB. packets being distributed on contain the following items:
Agenda
Site investigation form
Unapproved minutes of previous meeting
LEVEL THREE APPLICATIONS (Items 1-2):
1. Case: LUZ2010-06002 - 3400 Gulf-to-Bay Boulevard
Yes ?' No
(Related to DVA2010-06001)
2. Case: Case: DVA2010-06001 - 3400 Gulf-to-Bay Boulevard (Related to LUZ2010-06002)
Yes No
I have conducted a
Signature:
site
Date: 7A I
PRINT NAME
S: (Planning DepartmentlC D BUgendas DRC & CDB(CDB12010W August 03, 2010 Special CDB meetingll Cover MEMO 2010.doc
0 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: Agenda Items for August 03, 2010
DATE: July 26, 2010
CDB packets being distributed on contain the following items:
Agenda
Site investigation form
Unapproved minutes of previous meeting
LEVEL THREE APPLICATIONS (Items 1-2):
1. Case: LUZ2010-06002 - 3400 Gulf-to-Bay, Boulevard (Related to DVA2010-06001)
Yes No
2. Case: Case: DVA2010-06001 - 3400 Gulf-to-Bay Boulevard (Related to LUZ2010-06002)
Yes Nof
have conducted a personal investigation an. the personal site visit to
Signature: r c n' ?? i Date: `. U
PRINT NAME
S: (Planning DepartmentlC D BUgendas DRC & CDBICDBI2010W August 03, 2010 Special CDB meetingll Cover MEMO 2010.doc
Clearwater
Interdepartmental Correspondence Sheet
TO:
FROM:
COPIES
Community Development Board Members
Robert Tefft, Development Review Manager
Leslie Dougall-Sides, Assistant City Attorney; Susan Chase, City Clerk Specialist;
Sue Diana, Assistant City Clerk; /Pat Sullivan, Board Reporter
SUBJECT: Agenda Items for August 03, 2010
DATE: July 26, 2010
CDB packets being distributed on contain the following items:
Agenda
Site investigation form
Unapproved minutes of previous meeting
LEVEL THREE APPLICATIONS (Items 1-2):
1. Case: LUZ2010-06002 - 3400 Gulf-to-Bay Boulevard
Yes, No
(Related to DVA2010-06001)
2. Case: Case: DVA 010-06001 - 3400 Gulf-to-Bay Boulevard (Related to LUZ2010-06002)
Yes No
on
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