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CAY 1475, LLCBEFORE THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA IN RE: CAY 1475, LLC, APPLICANT: LUP2011-01001/ ORDINANCE NO. 8254-11; AND REZ2011- 010011ORDINANCE NO. 8255-11,1475 SUNSET POINT ROAD ORDER OF THE CITY COUNCIL THIS CAUSE came on to be heard at the May 19, 2011 Clearwater City Council Meeting on Case No. LUP201 1 -01001 /Ordinance No. 8254-11, amending the future land use map from Residential Urban (RU), Residential/Office General (R/OG), and Commercial General (CG) to the Residential/Office/Retail (R/O/R) classification and Case No. REZ201 1- 01001 /Ordinance No. 8255-11, amending the zoning atlas of the City by rezoning from the Low Medium Density Residential (LMDR) and Office (O) Zoning Districts to the Commercial (C) Zoning District, for the property located at 1475 Sunset Point Road, consisting of a parcel located in the NW % of the SW % of Section 2, Township 29 South, Range 15 East, and part of Lot 9, Brentwood Estates. The matter was properly noticed and advertised pursuant to Community Development Code Section 4-206. The City Council conducted its review of the future land use map amendment request using the procedure specified in Community Development Code Section 4-603E. and the standards for review set forth in Section 4-603F. The City Council conducted its review of the rezoning request using the procedure specified in Community Development Code Section 4-602E. and the standards for review set forth in Section 4-602F. The Staff Report was presented by Planner III Catherine L. Lee. Planning and Development Director Michael L. Delk and Assistant Planning and Development Director Gina L. Clayton also addressed the City Council. The Record of the quasi-judicial hearing held before the City's Community Development Board [CDB] and recommendation of the CDB issued pursuant to Community Development Code Section 4-602D. were received by the City Council and are attached hereto and incorporated herein by reference. The City Council heard comment or argument from representatives of the applicant. The applicant presented a PowerPoint presentation and submitted one exhibit. One member of the public spoke in opposition to the application. One e-mail in opposition was received by staff and provided to the City Council. After hearing and considering the evidence, the City Council makes the following findings: Findings of Fact 1. This future land use map amendment application and zoning atlas amendment application involves a 1.52-acre parcel located on the south side of Sunset Point Road approximately 150 feet west of Highland Avenue. The subject property has Future Land Use Map classifications of Residential Urban (RU), Residential/Office General (R/OG), and Commercial General (CG) and zoning designations of Low Medium Density Residential (LMDR) and Office (O). The applicant is requesting to amend the future land use classification to the Residential/Office/Retail (R/O/R) classification and the zoning district to the Commercial (C) Zoning District. 2 2. A previous application for future land use map amendment to the Commercial General (CG) designation and rezoning to the Commercial (C) Zoning District, involving the same property [LUZ2010-06001], was heard at the July 20, 2010 Community Development Board meeting [denial was recommended] and was denied at the August 5, 2010 City Council meeting. 3. The instant application is accompanied by an application for a Development Agreement [Case No. DVA2011-01001 ]. The Development Agreement would limit several uses which are either not allowable on the subject property or are only allowable under restriction. The Development Agreement restrictions would be applicable for only a ten-year period. 4. The subject property is located on the section of Sunset Point Road between Kings Highway and North Highland Avenue. The character of the neighborhood is a mix of single-family residences, multi-family residences, retail, restaurants, offices, and a gas station. To the north and south are single-family homes with a future land use map category of Residential Urban (RU) and zoning district of Low Medium Density Residential (LMDR). To the east is a vacant automobile service station use not used as such since mid-2003 with a future land use map category of Commercial General (CG) and a Commercial (C) zoning district. To the west are nonconforming retail and printing shop uses with a future land use map category of Residential/Office General (R/OG) and Office (O) zoning district. Sunset Point Road west of Highland Avenue is primarily residential with some office, neighborhood retail, and institutional uses. Nonresidential parcels west of the subject property to King's Highway along 3 Sunset Point Road consist of a nonconforming retail store, a nonconforming daycare, a dentist office, a veterinary office [all from 1750 square feet to 4688 square feet], and three vacant lots. [A funeral home use was also approved under the Residential/Office/General category, allowable as an Institutional use under the Countywide Rules and as Retail under the Community Development Code; however, the associated development order expired without implementation of the use.] The subject property is located on a PSTA bus route, but is not located in or adjacent to an activity center. 5. The Citywide Design Structure, as shown on Map A-14, depicts the southeast corner of Sunset Point Road and Highland Avenue [currently developed as Sunset Square Shopping Center] as a Neighborhood Shopping Center. Such Centers are intended to fulfill the basic needs of residents within one mile of the Center. The two shopping centers at this southeast corner have 19,490 square feet of vacant commercial space. This designated Neighborhood Shopping Center does not include the property to the west of Highland Avenue as it recognizes that there is sufficient commercially designated land currently in place. The proposal to expand commercial use designations outside the Center creates more commercial land than is necessary to support basic needs of surrounding residents. Sunset Point Road is not a traditional commercial corridor. 6. The subject property functioned as a bank beginning in 1965 and ending in May 2007 with the closing of a Bank of America branch at the site. The former bank site contains a building, parking lot, and entrance on the north 4 portion of the property fronting on Sunset Point Road, and a drive-through and drive isle traversing the eastern portion of the property and connecting to Highland Avenue. The applicant intends to demolish the current building to redevelop the site. This future land use map amendment and rezoning application was accompanied by an application for site redevelopment as an 8230 square foot Family Dollar Store with associated parking, sidewalks, storm water management system, landscaping, driveways, utilities and associated infrastructure [FLS2011-02002]. This application was approved pursuant to Development Review Committee review on March 3, 2011, subject to the applicant's obtaining future land use map amendment and rezoning approval. 7. The proposed Residential/Office/Retail future land use category permits 18 dwelling units per acre and a floor area ratio of 0.40 and the proposed Commercial (C) zoning district primarily permits overnight accommodations, restaurants, and retail sales and services uses. The proposed future land use map amendment intensifies the uses allowed on the portion of the property that abuts single-family homes. If approved, this property would be the only property in this area with the Residential/Office/Retail designation. The proposed Commercial (C) Zoning District would permit four additional dwelling units but 6903 fewer square feet of nonresidential floor area on the subject property. The uses currently allowed in the Low Medium Density Residential (LMDR) Zoning District include attached and detached dwellings, community residential homes, non-residential off-street parking, parks and recreation facilities, schools, and 5 utility/infrastructure facilities. The Office (O) Zoning District primarily permits office, places of worship, and nursing homes. 8. Clearwater Comprehensive Plan Policy A.2.2.3 provides: Commercial land uses shall be located at the intersection of arterial or collector streets and should be sited in such a way as to minimize the intrusion of off-site impacts into residential neighborhoods .... site plans shall discourage the creation of "strip commercial" zones by insuring that adequate lot depths are maintained and by zoning for commercial development at major intersections. Goal A.5. provides: The City of Clearwater shall identify and utilize a citywide design structure comprised of a hierarchy of places and linkages. The citywide design structure will serve as a guide to development and land use decisions while protecting those elements that make the city uniquely Clearwater. Policy A.5.5.1 provides: Development should be designed to maintain and support the existing or envisioned character of the neighborhood. Objective A.6.2. provides: The City of Clearwater shall continue to support innovative planned development and mixed land use development techniques in order to promote infill development that is consistent and compatible with the surrounding development. Map A-14 and attachment, Neighborhood Shopping Centers and Surrounding Non-residential Uses, states that Neighborhood Centers typically consist of a limited number of commercial establishments that fulfill the basic needs of residents within one mile of the center. 9. The Pinellas County Countywide Plan Rules, Section 2.3.3.4.3., specify that the purpose of the proposed Residential/Office/Retail plan category 6 is to depict those areas of the County that are now developed, or are appropriate to be developed, in residential, office and/or retail commercial use, and to recognize such areas as well-suited for mixed-use of a residential/office/retail character consistent with the surrounding uses, transportation facilities and natural resource characteristics of such areas. Locational Characteristics specified in that Section indicate that the category is appropriate to locations where it would serve as a transition from an urban activity center or more intensive nonresidential use to residential, office or public/semi-public use; and in areas where the size and scale of development will accommodate true mixed residential, office and retail use. These areas are typically in proximity to and served by the arterial and major thoroughfare highway network in and adjacent to activity centers where mixed-use development allows interaction between uses and encourages mass transit and nonvehicular trips. 10. Community Development Code Section 4-603, Comprehensive plan amendments, provides as follows: A. Purpose and applicability. The city commission is hereby authorized to amend the text of the City of Clearwater's Comprehensive Plan and the Future Land Use Map in accordance with the procedures in this section and Florida law. B. Application requirementsrnitiation. 1. An amendment to the City of Clearwater's Comprehensive Plan and the Future Land use map may be initiated by the city commission, the community development board or the city manager. An amendment to the future land use map may be proposed by the owner of the property or his representative which is the subject of the amendment. An amendment to any other element of the plan may be proposed by an owner of property who has applied for development approval when an amendment to the 7 C. D. plan appears necessary to resolve a conflict between one or more provisions of the plan and the application for development approval. 2. An application shall be submitted in a form provided by the community development coordinator, setting forth the purpose, scope and provisions of the proposed amendment. An application for a comprehensive plan amendment which does not affect an individual parcel of land, shall be accompanied by such data and analysis as would be required to support such an amendment under Florida Statutes. An application for a comprehensive plan amendment which does affect an individual parcel of land shall include the basic information required in Section 4-202(A), the fee required in Section 4-202(E) and the following: a. The proposed city future land use map classification or text amendment. b. An assessment, conducted in accordance with specific requirements of the community development coordinator, of the impact of the proposed change on the adequacy of public facilities, the environment, community character and the fiscal condition of the city. c. Such other information as may be required to demonstrate the proposed amendment complies with the standards set forth in 4-603(F). Staff review and report. After the community development coordinator has reviewed the application with the development review committee in accordance with the provisions of Section 4-202(C) and (D), he shall send a written report and recommendation to the community development board, with a copy of the applicant, setting forth whether the application should be approved, approved with conditions or denied and the grounds for such recommendation. Community development board review/recommendation. Upon receipt of the recommendation of the community development coordinator, the community development board shall conduct a public hearing on the application in accordance with the requirements of Section 4-206 and issue a recommended order to the city commission setting forth the board's findings in regard to whether the proposed amendment will satisfy the standards set forth in Section 4-603(F) and 8 may include any proposed modifications or conditions to the proposed amendment. E. City commission review/decision. Upon receipt of the recommended order of the community development board, the city commission shall conduct a public hearing in accordance with the provisions of Section 4-206 in order to determine if the proposed amendment should be transmitted to other agencies and governmental entities for review if required by Florida Statutes. If transmittal to other agencies is required, the city commission shall conduct another public hearing after such transmittal in accordance with the provisions of Section 4-206 in order to determine if the proposed amendment should be adopted. In acting on a proposed amendment, the city commission may accept, accept with modifications or conditions, or reject the proposed amendment. F. Standards for review. No amendment to the comprehensive plan or future land use map shall be approved unless it complies with the following standards: 1. The amendment will further implementation of the comprehensive plan consistent with the goals, policies and objectives contained in the plan. 2. The amendment is not inconsistent with other provisions of the comprehensive plan. 3. The available uses, if applicable, to which the property may be put are appropriate to the property in question and compatible with existing and planned uses in the area. 4. Sufficient public facilities are available to serve the property. 5. The amendment will not adversely affect the natural environment. 6. The amendment will not adversely impact the use of property in the immediate area. 11. Community Development Code Section 4-602, Zoning Atlas amendments, provides as follows: A. Purpose and applicability. It is the purpose of this section to establish a procedure for amending the Zoning Atlas of the city in accordance with Florida Statutes. 9 B. Applicationlinitiation requirements. An application for an amendment of the Zoning Atlas of the city may be initiated by the city commission, the community development coordinator, the community development board and by any person in conjunction with an application for development approval. Proposed Zoning Atlas amendment applications shall include such information as is applicable in Section 4-202(A) and the fee required by Section 4-202(E). C. Staff review and recommendation. After the community development coordinator has reviewed the application with the development r3eview committee in accordance with the provisions of Section 4-202(C) and (D), he shall send a written report and recommendation to the community development board, with a copy to the applicant, if any, setting forth whether the application should be approved, approved with conditions or denied and the grounds for such recommendation. D. Community development board review/recommendation. Upon receipt of the recommendation of the community development coordinator, the community development board shall conduct a public hearing on the application in accordance with the requirements of Section 4-206 and issue a recommended order to the city commission setting forth the board's findings in regard to whether the proposed amendment will satisfy the standards set forth in Section 4-602(F) and may include any proposed modifications or conditions to the proposed amendment. E. City commission review/decision. Upon receipt of the recommended order of the community development board, the city commission shall conduct a public hearing in accordance with the provisions of Section 4-206 and shall approve, approve with conditions or deny the amendment. Upon adoption of an ordinance amending the Zoning Atlas, the Zoning Atlas shall be deemed amended as of the effective date of the ordinance. The community development coordinator shall revise and may republish from time to time the Zoning Atlas or portions thereof as amended, but a failure to revise or republish shall not affect the validity of any ordinance amending the Zoning Atlas. F. Standards for review. No amendment to the Zoning Atlas shall be approved unless the city commission finds that such amendment complies with the following standards: 1. The proposed amendment is consistent with and furthers the goals, policies and objectives of the 10 comprehensive plan and furthers the purposes of this Development Code and other city ordinances and actions designed to implement the plan. 2. The available uses to which the property may be put are appropriate to the property which is subject to the proposed amendment and compatible with existing and planned uses in the area. 3. The amendment does not conflict with the needs and character of the neighborhood and the city. 4. The amendment will not adversely or unreasonably affect the use of other property in the area. 5. The amendment will not adversely burden public facilities, including the traffic-carrying capacities of streets, in an unreasonably or disproportionate manner. 6. The district boundaries are appropriately drawn with due regard to locations and classifications of streets, ownership lines, existing improvements and the natural environment. 12. The Community Development Board reviewed this application at its meeting of May 17, 2011. The staff recommendation was that the Board recommend denial of the application to the City Council. A motion was made by the Board to recommend approval of the application based upon the Board's findings of fact and conclusions of law. The motion passed by a vote of four to three. Conclusions of Law 1. The Sunset Point Road corridor west of Highland Avenue is not an area that is developed or is appropriate to be developed in a way that provides community and countywide commercial goods and services. The site is not located in or adjacent to an activity center or major transportation facility. The proposed extension of commercial uses along the predominantly residential Sunset Point Road corridor could negatively impact the adjacent single-family 11 residential neighborhoods to the north and south by introducing a point of destabilization. 2. The proposed plan amendment is not consistent with the purpose or locational characteristics set forth in Countywide Plan Rule 2.3.3.4.3. for the Residential/Office/Retail (R/O/R) designation. 3. The proposed future land use category is not appropriately located, as some of the proposed uses are incompatible with the surrounding environment and envisioned character of the neighborhood. The proposed amendment would allow for additional uses not allowed by two of the three subject property's current future land use designations. The proposed use is not a true mixed office/residential/retail use. A less intensive use, such as office, would be more appropriate located, as here, contiguous to single-family homes and would be a better fit with the character of Sunset Point Road west of Highland Avenue. The existing Residential/Office General designation is more appropriate to the character of the neighborhood and allows for the transition from commercial properties to the east to residential properties to the north, south and west. The request is not compatible with the surrounding area and may unreasonably affect the use of property in the area. 4. Additional commercial (retail) acreage in the vicinity is unneeded to serve the neighborhood residents and the existing future land use category already serves as a transition from the Neighborhood Center to surrounding residential uses. The potential extension of intensive commercial uses along the 12 predominantly residential corridor could negatively impact adjacent neighborhoods. 5. The proposed future land use and zoning designations are not in character with the overall future land use map and zoning designations in the area, and are not compatible with surrounding uses and not consistent with the character of the immediate surrounding area and neighborhood. 6. The proposed future land use amendment and rezoning are inconsistent with the goals, objectives, and policies of the Clearwater Comprehensive Plan, in particular Policies A.2.2.3 and A.5.5.1 and Objective A.6.6.2. 7. Pursuant to Community Development Code Section 4-603E., no future land use amendment shall be approved unless the City Council finds that the amendment complies with each and every standard 1. through 6. Because based upon the above Findings of Fact the application fails to comply with each and every standard, and in particular does not comply with the standards set forth in Section 4-603F.1., 4-603F.3., and 4-603F.6., the City Council hereby determines that the application in Case Number LUP2011-01001 for future land use map amendment is DENIED. 8. Pursuant to Community Development Code Section 4-602F., no zoning atlas amendment shall be approved unless the City Council finds that the amendment complies with each and every standard 1. through 6. Since the City Council denied the application for future land use map amendment, substantial competent evidence presented to the City Council demonstrated that the 13 application for rezoning does not comply with the standard set forth in Section 4- 602F.1. Further, the application does not comply with the standards set forth in Section 4-602F.2., 4-602F.3, and 4-602F.4. Therefore, the City Council hereby determines that the application in Case Number REZ201 1 -01001 for zoning atlas amendment is DENIED. Approved as to form: Leslie K. Dougall S es Assistant City Atto ey r Frank V. Hibbard Mayor Rosemarie Call City Clerk 14