09/20/2011
COMMUNITY DEVELOPMENT BOARD MEETING MINUTES
CITY OF CLEARWATER
September 20, 2011
Present: Nicholas C. Fritsch Chair
Thomas Coates Vice-Chair
Doreen DiPolito Board Member
Richard Adelson Board Member
Frank L. Dame Board Member
Brian A. Barker Board Member
Kurt B. Hinrichs Board Member
Norma R. Carlough Alternate Board Member
Also Present: Gina Grimes Attorney for the Board
Leslie Dougall-Sides Assistant City Attorney
Michael Delk Planning & Development Director
Robert Tefft Development Review 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 - APPROVAL OF MINUTES OF PREVIOUS MEETING: August 16, 2011
Member Dame moved to approve the minutes of the regular Community Development
Board meeting of August 16, 2011, as recorded and submitted in written summation to each board
member. The motion was duly seconded and carried unanimously. Alternate Member Carlough
did not vote.
D – CONSENT AGENDA: Following cases are not contested by applicant, staff, neighboring property
owners, etc. and will be approved by a single vote at the beginning of the meeting: (Items 1 – 4)
1. Case: FLD2011-07025 – 1552 S. Myrtle Avenue Level Two Application
Owners/ Applicant: Religious Community Services, Inc.
Agent: Hodge Management, LLC (8770 Seminole Boulevard, Seminole, FL 33722);
phone: (813) 507-0506; fax: (813) 507-0505; email: Hodgellc@tampabay.rr.com)
Location: 1.37 acres is located on the west side of S. Myrtle Avenue at the intersection of
Howard Street and S. Myrtle Avenue.
Atlas Page: 313B
Zoning: Office (O) and the Medium Density Residential (MDR) Districts
Request: Flexible Development application to permit a 1,000 square-foot addition (for a
computer/storage room) to existing attached dwellings in the Office (O) District and the Medium
Density Residential (MDR) District with a lot area of 59,831 square-feet, a lot width of 164.07 feet,
front (east) setback of 4 feet (to pavement) and 25 feet (to structure) where 25 feet is allowable, a
side (south) setback of five feet (to structure) where five feet is allowable, a side (south) setback of
12.5 feet (to structure) where five feet is allowable, side (north) setback of 10 feet (to pavement)
Community Development 2011-09-20 1
and 12.5 feet (to structure) where 5 feet is allowable, a rear (west) setback of 47 feet (to structure)
where 10 feet is allowable, and a rear (west) setback of 40 feet (to structure) where 10 feet is
allowable, a building height of 12.4 feet (to midpoint of pitched roof), and sixteen parking spaces
under the provisions of Community Development Code Section 2-304, as well as a reduction to the
front perimeter buffer from 15 feet to 4 feet and a reduction to the side perimeter buffer from 10
feet to 5 feet, a request to reduce the Vehicular Use Area interior landscaping from 10 percent to
5.7 percent as a Comprehensive Landscape Program under provisions of Community
Development Code Section 3-1202.G., and a request of Termination of Status as a Nonconformity
under the provisions of Community Development Code Section 6-109.
Proposed Use: Computer Lab/Storage
Neighborhood Associations: Lake Belleview and Clearwater Neighborhoods Coalition
Presenter: Kevin W. Nurnberger, Planner III
See Agenda for Staff Report.
Member Dame moved to approve Case FLD2011-07025 on today’s Consent Agenda based
on evidence in the record, including the application and the Staff Report, and hereby adopt the
Findings of Fact and Conclusions of Law stated in the Staff Report, with conditions of approval as
listed. The motion was duly seconded and carried unanimously. Alternate Member Carlough did
not vote.
2. Case: FLD2011-06021 – 1020 N. Hercules Avenue Level Two Application
Owner/Applicant: City of Clearwater
Agent: Fowler Associates Architects, Inc. (1421 Court Street, #D, Clearwater, FL 33759);
phone: 727-449-2021; fax: 727-447-5339; email: fowlerarch@aol.com)
Location: 0.99 acre located at the northwest corner of N. Hercules Avenue and Palmetto
Street
Atlas Page: 271A
Zoning: Institutional (I) District
Request: Flexible Development Application to allow a change of use from a Governmental use to an
Automobile Service Station to permit a 14,387 square-foot Compressed Natural Gas Fueling Station
with a freestanding canopy to be used by the general public in the Industrial, Research, and
Technology (IRT) District with a lot area of 43,533.49 square-feet, a lot width of 173 feet, a front
(east) setback of 45 feet (to pavement), a side (north) setback of 37 feet (to pavement), a side
(south) setback of 64 feet (to pavement), and a rear (west) setback of 52 feet (to pavement), and a
height of 26.6 feet (to top of canopy), as a Comprehensive Infill Redevelopment Project, under the
provisions of the Community Development Code Section 2-1304.
Proposed Use: Compressed Natural Gas Fueling Station
Neighborhood Association: Clearwater Neighborhood Association
Presenter: Kevin W. Nurnberger, Planner III
See Agenda for Staff Report.
Member Coates moved to accept Kevin Nurnberger as an expert witness in the fields of
zoning, site plan analysis, planning in general, and code enforcement. The motion was duly
seconded and carried unanimously. Alternate Member Carlough did not vote.
Community Development 2011-09-20 2
In reference to a request by the applicant’s representative to pull the item from the Consent
Agenda, Planning & Development Director Michael Delk said staff can make the minor
amendment. The Item was not pulled.
See below for motion of approval.
3. Case: LUP2011-07002 – 1020 N. Hercules Avenue Level Three Application
(Related to FLD2011-06021, REZ2011-07004)
Owner/Applicant: City of Clearwater/Clearwater Gas System
Representative: Brian Langille, Clearwater Gas System (400 North Myrtle Avenue,
Clearwater, FL 33755; phone: 727-562-4900; email: brian.langille@myclearwater.com)
Location: 0.99 acre, located on the northwest corner of North Hercules Avenue and
Palmetto Street
Atlas Page: 271A
Request: Future Land Use Map amendment from Transportation Utility (T/U) to Industrial Limited
(IL).
Type of Amendment: Small scale
Proposed Use: Automobile Service Station (Compressed Natural Gas Fueling Station)
Neighborhood Association: Clearwater Neighborhoods Coalition
Presenter: Lauren Matzke, AICP, Planner III
See Agenda for Staff Report.
See below for motion to recommend approval
4. Case: REZ2011-07004 – 1020 N. Hercules Avenue Level Three Application
(Related to FLD2011-06021, LUP2011-07002)
Owner/Applicant: City of Clearwater/Clearwater Gas System
Representative: Brian Langille, Clearwater Gas System (400 North Myrtle Avenue,
Clearwater, FL 33755; phone: 727-562-4900; email: brian.langille@myclearwater.com)
Location: 0.99 acre, located on the northwest corner of North Hercules Avenue and
Palmetto Street
Atlas Page: 271A
Request: Zoning Atlas amendment from Institutional (I) to Industrial, Research and Technology
(IRT)
Type of Amendment: Small scale
Proposed Use: Automobile Service Station (Compressed Natural Gas Fueling Station)
Neighborhood Association: Clearwater Neighborhoods Coalition
Presenter: Lauren Matzke, AICP, Planner III
See Agenda for Staff Report.
Member Dame moved to approve Case FLD2011-06021 and recommend approval of
Cases LUP2011-07002 and REZ2011-07004 on today’s Consent Agenda based on evidence in
the record, including the application(s) and the Staff Report(s), and hereby adopt the Findings of
Fact and Conclusions of Law stated in the Staff Report(s). The motion was duly seconded and
carried unanimously. Alternate Member Carlough did not vote.
Community Development 2011-09-20 3
E -ADJOURN
The meeting adjourned at 1:15 p.m.
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Community Development 2011-09-20 4
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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 September 20,2011
DATE: September 15,2011
CDB packets being distributed on contain the following items:
Agenda
Site investigation form
Unapproved minutes of previous meeting
Level Two Applications (Item 1-2)
1. Case:FLD2011-07025— 1552 S.Myrtle Avenue
Yes No X
2. Case: FLD2011-06021— 1020 N. Hercules Avenue
Yes X No
LEVEL THREE APPLICATIONS(Item 1):
1. Case: LUP2011-07002—&REZ2011-07004 1020 N.Hercules Avenue (Related to
FLD2011-06021)
Yes /` No
I have conducted a personal investigation on the personal site visit to the following properties.
Signature: /1/2 Date: 912-0/i i
►Gff,r All 1--soN
PRINT NAME
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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 September 20,2011
DATE: September 15,2011
CDB packets being distributed on contain the following items:
Agenda
Site investigation form
Unapproved minutes of previous meeting
Level Two Applications (Item 1-2)
1. Case: FLD20 11-07025— 1552 S.Myrtle Avenue
Yes J( No
2. Case: FLD2011-06021— 1020 N. Hercules Avenue
Yes X No
LEVEL THREE APPLICATIONS(Item 1):
1. Case: LUP2011-07002—&REZ2011-07004 1020 N. Hercules Avenue (Related to
FLD2011-06021)
Yes � No
I have conducted a personal investigation on the ersonal site visit to the following properties.
Signature: Date: 00
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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 September 20,2011
DATE: September 15,2011
CDB packets being distributed on contain the following items:
Agenda
Site investigation form
Unapproved minutes of previous meeting
Level Two Applications (Item 1-2)
1. Case: FLD201 1-07025— 1552 S. yrtle Avenue
R
Yes No
2. Case: FLD2011-06021— 1020' . Hercules Avenue
Yes No
LEVEL THREE APPLICATIONS(Item 1):
1. Case: LUP2011-07002—&R1 Z2011-07004 1020 N. Hercules Avenue (Related to
FLD2011-06021) \\
Yes No NJ
I have conducte a tonal stigati i of' e personal site visit to the following properties.
Sign tur _ yI Date: 9 ,
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S:\Planning Department\C D BlAgendas DRC&CDBICDB12011109 September 201111 Cover MEMO 2010.doc
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Interdepartmental Correspondence Sheet
TO: Community Development Board Members
FROM: Robert Tefft,Development Review Manager
COPIES: Leslie Dougall-Sides,Assistant City Attorney; Susan Chase,City Clerk Specialist;
Sue Diana,Assistant City Clerk;/Pat Sullivan,Board Reporter
SUBJECT: Agenda Items for September 20,2011
DATE: September 15,2011
CDB packets being distributed on contain the following items:
Agenda
Site investigation form
Unapproved minutes of previous meeting
Level Two Applications (Item 1-2)
1. Case: FLD201 1-07025 — 1552 S.Myrtle Avenue
/
Yes No t
2. Case: FLD2011-06021 — 1020 N. Hercules Avenue
Yes No
LEVEL THREE APPLICATIONS(Item 1):
1. Case: LUP2011-07002—&REZ2011-07004 1020 N. Hercules Avenue (Related to
FLD2011-06021)
Yes No
I have conducted a per.i: igation on the personal site visit to the following p operties.
Signature: ► Date:
L ,
PRINT NAME
S:(Planning Department\C D BlAgendas DRC&CDBICDBI2011109 September 201111 Cover MEMO 2010.doc
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Uearwater
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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 September 20,2011
DATE: September 15,2011
CDB packets being distributed on contain the following items:
Agenda
Site investigation form
Unapproved minutes of previous meeting
Level Two Applications (Item 1-2)
1. Case: FLD20 -07025— 1552 S.Myrtle Avenue
Yes No
2. Case: FLD201 -06021— 1020 N. Hercules Avenue
Yes No
LEVEL THREE APPLICATIONS(Item 1):
1. Case: LUP2011-07002—&REZ2011-07004 1020 N. Hercules Avenue (Related to
FLD2011-0660021)
Yes No
I hav' onducte, , ,erson ation t, ' e al site visit to the ollowin- ro erties.
c�Signatur= _ •.: ►� Date:
PRINT NAME
S:lPlanningDepartmentlC D BlAgendas DRC&CDBICDB12011109 September 201111 Cover MEMO 2010.doc
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Uearwater
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 September 20,2011
DATE: September 15,2011
CDB packets being distributed on contain the following items:
Agenda
Site investigation form
Unapproved minutes of previous meeting
Level Two Applications (Item 1-2)
1. Case:FLD2011-07 25— 1552 S.Myrtle Avenue
Yes No
2. Case: FLD2011-06021— 1020 N.Hercules Avenue
Yes No
LEVEL THREE APPLICATIONS(Item 1):
1. Case: LUP2011-07002—&REZ2011-07004 1020 N.Hercules Avenue (Related to
FLD2011-060 421)/
Yes - No
I have conducted a e .onal iestigation on the personal site visit to the following properties.
Signature: Date: ¶I
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S:(Planning DepartmentlC D BlAgendas DRC&CDBICDBI2011109 September 201111 Cover MEMO 2010.doc
EXHIBIT: STAFF REPORT FLD2011-07025 2011-09-20
CDB Meeting Date: September 20, 2011
Case Number: FLD2011-07025
Agenda Item: D. 1.
Owner/Applicant/Agent: Religious Community Services, Inc.
Address: 1552 South Myrtle Avenue
CITY OF CLEARWATER
PLANNING AND DEVELOPMENT DEPARTMENT
STAFF REPORT
GENERAL INFORMATION:
REQUEST: Flexible Development application to permit a 1,000 square foot
addition (for a computer/storage room) to existing attached dwellings in
the Office (O) District and the Medium Density Residential (MDR)
District with a lot area of 59,831 square feet, a lot width of 164.07 feet,
front (east) setback of 4 feet (to pavement) and 25 feet (to structure)
where 25 feet is allowable, a side (south) setback of five feet (to
structure) where five feet is allowable, a side (south) setback of 12.5
feet (to structure) where five feet is allowable, side (north) setback of
10 feet (to pavement) and 12.5 feet (to structure) where 5 feet is
allowable, a rear (west) setback of 47 feet (to structure) where 10 feet is
allowable, and a rear (west) setback of 40 feet (to structure) where 10
feet is allowable, a building height of 12.4 feet (to midpoint of pitched
roof), and sixteen parking spaces under the provisions of Community
Development Code Section 2-304, as well as a reduction to the front
perimeter buffer from 15 feet to 4 feet and a reduction to the side
perimeter buffer from 10 feet to 5 feet, a request to reduce the
Vehicular Use Area interior landscaping from 10 percent to 5.7 percent
as a Comprehensive Landscape Program under provisions of
Community Development Code Section 3-1202.G., and a request of
Termination of Status as a Nonconformity under the provisions of
Community Development Code Section 6-109.
ZONING DISTRICT: Office (O) and Medium Density Residential (MDR) Districts
FUTURE LAND USE
PLAN CATEGORY:Residential/Office General (R/OG) and Residential Urban (RU)
PROPERTY USE: Current: Attached Dwellings
Proposed: Attached Dwellings
EXISTING North: MDR District
SURROUNDING Attached Dwellings
ZONING AND USES: South: MDR and Commercial (C) Districts
Attached Dwellings and Assisted Living Facility
East: MDR District
Attached Dwelling
West: MDR District
Detached Dwellings
Community Development Board – September 20, 2011
FLD2011-07025 – Page 1
EXHIBIT: STAFF REPORT FLD2011-07025 2011-09-20
ANALYSIS:
Site Location and Existing Conditions:
The subject property is approximately 1.37 acres and is located on the west side of South Myrtle
Avenue at the intersection of Howard Street and South Myrtle Avenue. The property consists of
two parcels with differing zoning districts and future land use plan classifications. The
northernmost parcel (1.0 acres) has a future land use classification of Residential/Office General
(R/OG) and is zoned Office (O) District. The southernmost parcel (0.37 acres) has a future land
use classification of Residential Urban (RU) and is zoned Medium Density Residential (MDR)
District.
The property consists of the Religious Community Service Grace House, which was approved in
1995 as a 14-unit apartment complex with an administrative office and activity center. The
apartment complex consists of four buildings: an administrative office, a resident activity center,
and two apartment buildings. Also located on the property are a playground and 18 off-street
parking spaces. It is noted that the project is not classified as a residential shelter use. At the
time of its approval in 1995, it was determined that the operation, design, and ancillary facilities
would be the same as those provided in an typical apartment complex, particularly those run by
non-profit housing groups. Also, when this development was originally approved the zoning at
the time permitted attached dwellings on both parcels. With the adoption of the Community
Development Code in 1999, the zoning designations as well as the allowable uses for the subject
property were changed. These changes resulted in the northern portion of this development
being rendered a nonconforming use.
Development Proposal:
The application proposes a 1,000 square foot addition to the northernmost apartment building for
the purpose of a computer lab for the residents, and a small storage area. The addition will be set
back 12.5 feet from the north property line consistent with the existing building. The addition
will be a single-story masonry structure with similar architectural features to those structures
existing on site. There are eighteen parking spaces on site, but the building addition will result in
the loss of two parking spaces.
As a part of the request, the applicants have requested a termination of status as nonconformity
for the existing use. Such an action will allow the attached dwellings to legally exist on that
portion of the overall property that is within the O District; thereby allowing the applicants to
expand the building.
The proposal’s compliance with the applicable development standards of the Community
Development Code (CDC) is discussed below.
Density: Pursuant to the Countywide Plan Rules and Sections 2-301.1 and 2-1001.1, CDC,
properties with a future land use plan designation of RU are permitted a maximum of 7.5
dwelling units per acre, while properties with a designation of R/OG are permitted a maximum
of 15 dwelling units per acre. Taken together, the 1.37-acre subject property is permitted a
maximum of 17 attached dwelling units. The existing development consists of 14 attached
dwelling units.
Community Development Board – September 20, 2011
FLD2011-07025 – Page 2
EXHIBIT: STAFF REPORT FLD2011-07025 2011-09-20
Impervious Surface Ratio (ISR): Pursuant to the Countywide Plan Rules and Sections 2-301.1
and 2-1001.1, CDC, properties with a future land use plan designation of RU are permitted a
maximum ISR of .65, while properties with a designation of R/OG are permitted a maximum
ISR of .75. When averaged together, the 1.37-acre subject property has an ISR of .44 which is
well below Code which allows an average ISR of 0.70.
Minimum Lot Area and Width: As previously mentioned, the original development was
approved by the City as attached dwellings. The zoning district standards applied to this project
in the past most appropriately correspond to attached dwellings in the MDR District. Pursuant to
CDC Table 2-304, the minimum lot area requirement for attached dwellings is 10,000 square
feet. The subject property has a lot area of 59,831 square feet (1.37 acres). The minimum lot
width requirement for attached dwellings is 100 feet. The width of the property is 164.07 square
feet along South Myrtle Avenue. The proposal is consistent with these criteria.
Since subject property consists of two separate parcels of land, the applicant shall record a
Declaration of Unity of Title that states unequivocally that the entire property created by the
combination of Parcels #21-29-15-00000-440-2500 and 21-29-15-00000-440-2600 or portions
thereof by this development shall be regarded as unified under one title as an indivisible building
site, and that the property shall be henceforth considered as one plot or parcel of land.
Minimum Setbacks: Pursuant to CDC Table 2-304, the minimum setback requirement for
attached dwellings is a front of 25 feet, a side of 5 feet and a rear of 10 feet. As built, an existing
structure located at the front of the property does not comply with the front setback. The
structures have a front (east) setback of 4 feet (to pavement) where 25 feet is allowable. The
front setback cannot be met by the current request as it would result in the loss of two needed
parking spaces. The remaining structures side and rear setbacks are consistent with the criteria.
In regards to the setbacks for the building addition, it will be compliant with the setback
standards. The building addition will be setback approximately 154 feet from the front property
line. Also, it will have a side (north) setback of 12.5 feet where 5 feet is allowable and it will be
built consistent with existing structures. The new addition will meet the development standards
in CDC Section 2-304.
Maximum Building Height: Pursuant to CDC Table 2-304, the maximum building height for
attached dwellings can range between 30 and 50 feet. The proposed height of the building
addition is 12.4 feet (midpoint of pitched roof). The proposed building height is less than the
Code provisions.
Minimum Off-Street Parking: Pursuant to CDC Table 2-304, the minimum number of off-street
parking spaces for attached dwellings is two parking spaces per unit. However, this development
was approved at a parking ratio of 1.5 spaces per dwelling unit and it currently has 18 parking
spaces for existing dwelling units. As previously mentioned, the building addition will result in
the loss of two parking spaces. The applicants proposed to relocate the parking spaces but due to
the locations proximity to a mature oak tree, it was suggested by the City that they retain the tree.
Any further off-street parking would not be possible given the existing on-site improvements.
Although there will be less parking spaces then required by code, CDC Section 3-1404.E. allows
Community Development Board – September 20, 2011
FLD2011-07025 – Page 3
EXHIBIT: STAFF REPORT FLD2011-07025 2011-09-20
for a reduction of up to 25 percent in the required number of parking spaces if it is necessary to
preserve protected trees located on the parcel which the applicant has agreed to do. A parking
ratio of 1.5 spaces per unit would have required 21 spaces; with the reduction of 25 percent to
the required number of spaces, sixteen spaces would be necessary to meet criteria. Since the new
addition will be for the sole use of the residents, it is believed by Staff that the remaining 16
parking spaces will be adequate for the property.
The applicant has substantiated the reduction of parking spaces. They state that the RCS Grace
House concentrates its efforts on assisting families in returning to permanent housing. As a
result of family economic trauma, most families have sold valuable possessions including
vehicles. RCS Grace House provides transportation using a program van as well as providing
participants with bus passes. For the above findings, the proposed parking space arrangement is
acceptable by Staff.
Landscaping: A requirement of termination of status of nonconformity is that the landscaping on
the subject property shall be brought into compliance with CDC Section 3-1202.D.1. If the site
cannot be brought into compliance with the code then the Comprehensive Landscape Program
may be used to satisfy landscaping requirements. The applicant has asked for flexibility in front
and side perimeter landscape standards, and for a reduction to the interior landscape vehicular
use area from 10 percent to 5.7 percent through the Comprehensive Landscape Program.
Pursuant to CDC Section 3-1202.D.1, this site is required a fifteen-foot wide landscape buffer
along South Myrtle Avenue and ten-foot wide side and rear landscape buffers. As mentioned
above, the applicant asks for flexibility to allow a reduction to the front landscape buffer from
fifteen feet to four feet (along South myrtle Avenue) and a reduction in the side (south)
landscape buffer from ten feet to five feet. The adjoining parcel which is a part of this
development has an existing side perimeter landscape buffer that reduces down from ten feet to
five foot for a distance of 82 feet; however, the remaining 187 feet of that parcels side perimeter
meets the ten foot side perimeter buffer standard. A similar situation exists in the front
landscape buffer. A twenty-two foot landscape strip exists for most of the front yard perimeter;
however, it reduces down to four feet (for a distance of fifteen feet) to allow for needed parking
space on site. Due to the existing site conditions and necessary improvements to the site to
comply with termination of status of nonconformity to allow for the building addition through
the Comprehensive Landscape Program, existing perimeter landscape buffers widths cannot be
increased without altering the parking lot dimensions resulting in a reduction to the number of
parking spaces.
To mitigate for the deviations to the landscape buffer requirements the applicants propose to add
two shade trees (live oaks) to the front perimeter, nine small trees throughout the property for
shading and screening, new hedges, foundation plantings, and groundcover as well as retaining
existing live oak trees within the existing perimeter landscape buffers to make up for the
deficiency in the width of the buffers to visually enhance the property. They also propose to
replace an existing three foot high fence with a new three foot high fence in the front yard for
child security.
Community Development Board – September 20, 2011
FLD2011-07025 – Page 4
EXHIBIT: STAFF REPORT FLD2011-07025 2011-09-20
Pursuant to CDC Sections 3-1202.E.1 and 3-1202.E.2, a minimum of ten percent of the gross
Vehicular Use Area (VUA) shall be dedicated to parking lot interior landscaping. The applicant
has requested a reduction from the required ten percent to 5.7 percent for the parking lot interior
landscape standards. A previously mentioned, the building expansion will result in the loss of
two parking spaces. Although they are asking for a reduction, the plan will increase the existing
VUA percentage to 5.7 percent by converting a 117 square foot remnant of a parking space into
green space. For this finding and for the fact that the provision of green space is also in keeping
with the standards of termination of status of nonconformity, Staff supports the requested
reduction to the parking lot interior landscape area. However, the submitted landscape plan does
not indicate that this green space will be landscaped in accordance CDC Sections 3-1202.E;
therefore, the applicant shall plant one accent tree, shrubs, and groundcover within the new
parking lot green space.
Comprehensive Landscape Program: Pursuant to Section 3-1202.G of the Community
Development Code, the landscaping requirements contained within the Code can be waived or
modified if the application contains a Comprehensive Landscape Program satisfying certain
criteria. The following table depicts the consistency of the development proposal with those
criteria:
Consistent Inconsistent
1. Architectural theme:
a. The landscaping in a comprehensive landscape program shall be designed as a N/A N/A
part of the architectural theme of the principle buildings proposed or developed on
the parcel proposed for development; or
b. The design, character, location and/or materials of the landscape treatment X
proposed in the comprehensive landscape program shall be demonstrably more
attractive than landscaping otherwise permitted on the parcel proposed for
development under the minimum landscape standards.
2. Lighting: Any lighting proposed as a part of a comprehensive landscape program is X
automatically controlled so that the lighting is turned off when the business is closed.
3. Community character: The landscape treatment proposed in the comprehensive X
landscape program will enhance the community character of the City of Clearwater.
4. Property values: The landscape treatment proposed in the comprehensive landscape X
program will have a beneficial impact on the value of property in the immediate
vicinity of the parcel proposed for development.
5. Special area or scenic corridor plan: The landscape treatment proposed in the N/A N/A
comprehensive landscape program is consistent with any special area or scenic
corridor plan which the City of Clearwater has prepared and adopted for the area in
which the parcel proposed for development is located.
Solid Waste: The applicant has proposed no changes to the existing on site dumpster enclosure
or method of waste collection. The proposal has been found to be acceptable by the City’s Solid
Waste Department.
Sight Visibility Triangles: Pursuant to CDC Section 3-904.A, to minimize hazards at the
driveways, no structures or landscaping may be installed which will obstruct views at a level
between 30 inches above grade and eight feet above grade within 20-foot sight visibility
triangles. No structures or landscaping is proposed within the site triangles.
Community Development Board – September 20, 2011
FLD2011-07025 – Page 5
EXHIBIT: STAFF REPORT FLD2011-07025 2011-09-20
Signage: There is no existing signage and the applicant is not proposing any signage.
Code Enforcement Analysis:
There are no active Code Enforcement cases for the subject
property.
Termination of Status of Nonconformity: As mentioned previously, the development proposal
includes a request for termination of status of nonconformity to allow attached dwellings in the
Office (O) District. At this time, attached dwelling units are not an allowable use in the O
District, but were permitted when the property was developed in 1996. The sites attached
dwellings lost their conforming status when the City implemented the current Community
Development Code. However, the underlying land use category which is Residential/Office
General (R/OG) permits a mix of uses such as office, residential equivalent, and residential uses.
The criteria for termination of status of nonconformity, as per Section 6-109 and outlined in the
table below, including compliance with perimeter buffer requirements, the provision of required
landscaping for off-street parking lots and bringing nonconforming signs, lighting and accessory
uses/structures into compliance with the Code will be met with this development proposal.
Consistent Inconsistent
1. Perimeter buffers conforming to the requirements of Section 3-1202.D shall be X
installed.
2. Off-street parking lots shall be improved to meet the landscaping standards established X
in Section 3-1202.E.
3. Any nonconforming sign, outdoor lighting or other accessory structure or accessory X
use located on the lot shall be terminated, removed or brought into conformity with
this development code.
4. The comprehensive landscaping and comprehensive sign programs may be used to X
satisfy the requirements of this section.
Community Development Board – September 20, 2011
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EXHIBIT: STAFF REPORT FLD2011-07025 2011-09-20
COMPLIANCE WITH STANDARDS AND CRITERIA:
The following table depicts the consistency of the development proposal with the standards of
the R/OG future land use category and the MDR District per CDC Section 2-301.1 and Table 2-
304:
Standard Proposed Consistent Inconsistent
Density RU =7.5 du/ac (2 units) 14 existing attached dwelling units X
R/OG = 15 du/ac (15 units)
ISR 0.75/0.65 (0.70) 0.52/0.36 (0.44) X
Minimum Lot Area 10,000 sq. ft. 59,831 sq. ft. (1.37 acres) X
Minimum Lot Width 100 feet 164.07 feet X
Minimum Setbacks Front: 25 feet East: 4 feet (to pavement) X*
25 feet (to building)
Rear 10 feet West: 40 feet (to building) X
47 feet (to building)
Side: 5 feet North: 10 feet (to pavement) X
12.5 feet (to building)
South: 5 feet (to building) X
12.5 feet (to building)
Maximum Height 30-50 feet 12.4 feet (to midpoint of pitched roof) X
Minimum 2 spaces per unit 16 parking spaces X
Off-Street Parking (28 spaces)
*Existing conditions on site
COMPLIANCE WITH GENERAL STANDARDS FOR LEVEL TWO APPROVALS:
The following table depicts the consistency of the development proposal with the General
Standards for Level Two Approvals as per CDC Section 3-914.A:
Consistent Inconsistent
1. The proposed development of the land will be in harmony with the scale, bulk, X
coverage, density and character of adjacent properties in which it is located.
2. The proposed development will not hinder or discourage development and use of X
adjacent land and buildings or significantly impair the value thereof.
3. The proposed development will not adversely affect the health or safety of persons X
residing or working in the neighborhood.
4. The proposed development is designed to minimize traffic congestion. X
5. The proposed development is consistent with the community character of the X
immediate vicinity.
6. The design of the proposed development minimizes adverse effects, including X
visual, acoustic and olfactory and hours of operation impacts on adjacent properties.
Community Development Board – September 20, 2011
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EXHIBIT: STAFF REPORT FLD2011-07025 2011-09-20
SUMMARY AND RECOMMENDATION:
The Development Review Committee (DRC) reviewed the application and supporting materials
at its meeting of August 4, 2011, and deemed the development proposal to be legally sufficient to
move forward to the Community Development Board (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.The 1.37 acre subject property is located on the west side of South Myrtle Avenue at the
intersection of Howard Street and South Myrtle Avenue;
2.That the northern parcel is located within the Office (O) District with an underlying Future
Land Use Plan designation of Residential/Office General (R/OG).
3.That the southern parcel is located within the Medium Density Residential (MDR) District
with an underlying Future Land Use designation of Residential Urban (RU);
4.The subject property is the location of the Religious Community Service Grace House which
consists of a fourteen dwelling unit apartment complex with an administrative office and
activity center;
5.The apartment complex was approved as a residential development in 1995;
6.The application proposes a 1,000 square foot building addition for the purpose of a computer
lab for the residents use;
7.The proposed building addition will be 12.4 feet in height (to midpoint of pitched roof);
8.The new building addition will be set back 12.5 feet from the north property line;
9.The proposal includes a termination of status of nonconformity to allow the attached dwelling
units to exist legally in the Office (O) District;
10.The proposal will result in the loss of two parking spaces leaving a total of sixteen parking
spaces on site;
11.The proposed Comprehensive Landscape Program will provide additional landscaping within
the landscape perimeter buffers, interior parking lot area, along building foundations, and
throughout the site as well as retain existing live oak trees;
12.That, the 1.37-acre subject property is permitted a maximum of 17 attached dwelling units,
only 14 attached dwelling units exist on site which is below what is allowable;
13.That, the overall Impervious Surface Ratio is 0.44 which is less than the maximum allowable
of 0.70;
14.Based on the existing character of the surrounding area, the proposed building addition is
compatible and consistent with the character of the immediate area; and
15.There are no active Code Enforcement cases for the subject property.
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 proposal is consistent with the Flexible Development standards as per
Section 2-301.1 and Table 2-304 of the Community Development Code;
2.That the development proposal is consistent with the General Standards for Level Two
Approvals as per Section 3-914.A of the Community Development Code;
3.The proposal is consistent with the criteria of the Comprehensive Landscape Program as per
Section 3-1202.G of the Community Development Code; and
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EXHIBIT: STAFF REPORT FLD2011-07025 2011-09-20
4.The proposal is consistent with the criteria for Termination of Status as a Nonconformity per
Section 6-109 of the Community Development Code.
APPROVAL
Based upon the above, the Planning and Development Department recommends of
Flexible Development application to permit a 1,000 square foot addition (for a computer/storage
room) to existing attached dwellings in the Office (O) District and the Medium Density
Residential (MDR) District with a lot area of 59,831 square feet, a lot width of 164.07 feet, front
(east) setback of 4 feet (to pavement) and 25 feet (to structure) where 25 feet is allowable, a side
(south) setback of five feet (to structure) where five feet is allowable, a side (south) setback of
12.5 feet (to structure) where five feet is allowable, side (north) setback of 10 feet (to pavement)
and 12.5 feet (to structure) where 5 feet is allowable, a rear (west) setback of 47 feet (to structure)
where 10 feet is allowable, and a rear (west) setback of 40 feet (to structure) where 10 feet is
allowable, a building height of 12.4 feet (to midpoint of pitched roof), and sixteen parking spaces
under the provisions of Community Development Code Section 2-304, as well as a reduction to
the front perimeter buffer from 15 feet to 4 feet and a reduction to the side perimeter buffer from
10 feet to 5 feet, a request to reduce the Vehicular Use Area interior landscaping from 10 percent
to 5.7 percent as a Comprehensive Landscape Program under provisions of Community
Development Code Section 3-1202.G., and a request of Termination of Status as a Nonconformity
under the provisions of Community Development Code Section 6-109, subject to the following
conditions:
Conditions of Approval:
1.That, a building permit be obtained for the parking lot improvements, landscaping and
building improvements;
2.That, the applicant record a Declaration of Unity of Title with Pinellas County that combines
the parcels #21-29-15-00000-440-2500 and 21-29-15-00000-440-2600 together;
3.That, the applicant shall plant one accent tree, shrubs, and groundcover within the new
parking lot green space;
4.That, the applicant shall obtain a building permit for any new fencing on the subject property;
5.That, prior to the issuance of a building permit, all outstanding comments from the
Engineering Department shall be addressed; and
6.That, prior to the issuance of a building permit, all outstanding comments from the
Environmental Department shall be addressed.
Prepared by Planning and Development Department Staff: ______________________________
Kevin W. Nurnberger, Planner III
ATTACHMENTS: Location Map; Aerial Map; Zoning Map; Existing Surrounding Uses Map; and Photographs
S:\Planning Department\C D B\FLEX (FLD)\Pending cases\Up for the next CDB\S. Myrtle 1552 - Religious Community Services (O) (MDR) -
2011.xx - KWN\Religious Community Services Staff Report.docx
Community Development Board – September 20, 2011
FLD2011-07025 – Page 9
EXHIBIT: STAFF REPORT FLD2011-06021 2011-09-20
CDB Meeting Date: September 20, 2011
Case Number: FLD2011-06021
Agenda Item: D. 2.
Owner/Applicant: City of Clearwater
Representative: Fowler & Associates Architects
Address: 1020 N. Hercules Avenue
CITY OF CLEARWATER
PLANNING AND DEVELOPMENT DEPARTMENT
STAFF REPORT
GENERAL INFORMATION:
REQUEST: Flexible Development Application to allow a change of use from
Governmental Use to an Automobile Service Station to permit a 14,387
square foot Compressed Natural Gas Fueling Station with a
freestanding canopy to be used by the general public in the Industrial,
Research, and Technology (IRT) District with a lot area of 43,533.49
square feet, a lot width of 173 feet, a front (east) setback of 45 feet (to
pavement), a side (north) setback of 37 feet (to pavement), a side
(south) setback of 64 feet (to pavement), and a rear (west) setback of 52
feet (to pavement), and a height of 26.6 feet (to top of canopy), as a
Comprehensive Infill Redevelopment Project, under the provisions of
the Community Development Code Section 2-1304.
ZONING DISTRICT: Institutional (I) District
FUTURE LAND USE
PLAN CATEGORY: Transportation/Utility
PROPERTY USE: Current: Governmental Use
Proposed: Automobile Service Station
EXISTING North: Institutional Research Technology (IRT) District
SURROUNDING
Utility Buildings
ZONING AND USES:
South: Institutional (I) District
Airport
East: Institutional Research Technology (IRT) District
Retail Sales and Service
West: Institutional (I) District
Airport
ANALYSIS:
Site Location and Existing Conditions:
The subject development is being constructed on 0.99 acres of city property located at the
northwest corner of the intersection of N. Hercules Avenue and Palmetto Street. At present a
4,300 square foot utility facility exists on a part of the proposed land; the remainder of the site is
unused city property. Abutting the subject property to the west and south is the Clearwater
Community Development Board – September 20, 2011
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EXHIBIT: STAFF REPORT FLD2011-06021 2011-09-20
Executive Airpark. To the north are a few buildings used for private utility purposes. To the
east, across N. Hercules Avenue, is a retail sales and service use (costume shop).
Development Proposal:
The compressed natural gas fueling station is currently under construction. It was previously
reviewed and approved by the Planning and Development Department as a governmental use.
However, the City wishes to offer the services of the fueling station to the general public which
requires a change of use from a government use to an automobile service station. For this to
come about, the subject properties underlying Future Land Use Map designation must be
amended from Transportation Utility (T/U) to Industrial Limited (IL) and its zoning
classification amended from Institutional (I) District to Industrial, Research, and Technology
(IRT) District. A Zoning Atlas amendment and a Future Land Use Map amendment request
(REZ2011-07004 & LUP2011-07002) are proceeding concurrently with this application to
accomplish this. Staff used the standards set forth in the IRT District for an Automobile Service
Stations and Comprehensive Infill Redevelopment Projects to evaluate this development.
In regards to the proposal, the City will pave approximately 14,387 square feet of area to allow
for the compressed Natural Gas Fueling Station. It will include a gas compressor, storage tanks, a
freestanding pump island canopy, two fueling islands, and three engine fuel pumps. The existing
4,300 square foot utility facility will remain. The existing entrance to the site will be
reconstructed to provide a right-in/right-out driveway onto N. Hercules Avenue. An additional
two-way driveway will be constructed to allow vehicles access to the service road from the
station. Furthermore, the canopy design is innovative bringing green technology practices to the
project as it will accommodate future installation of solar panels that will power the fuel pumps
electronic panels.
In addition, the subject property consists of three separate parcels of land. For this reason, the
City shall record a Declaration of Unity of Title that states unequivocally that the entire property
created by the combination of recorded lots, plots, parcels, or portions thereof by this
development shall be regarded as unified under one title as an indivisible building site, and that
the property shall be henceforth considered as one plot or parcel of land.
Impervious Surface Ratio (ISR): Pursuant to the Countywide Plan Rules and CDC Section 2-
1301.1, the maximum allowable ISR is 0.85. The overall proposed ISR is 0.31, which is
consistent with the Code provisions.
Minimum Lot Area and Width: Pursuant to CDC Table 2-1304, there are no minimum required
lot area and width for an Automobile Service Station as a Comprehensive Infill Redevelopment
Project. However, as a point of comparison, pursuant to CDC Table 2-1303, the minimum lot
area for an Automobile Service Station is 20,000 square feet and the subject property is
43,533.49 square feet in area. The minimum required lot width is 100 feet and the width along
N. Hercules Avenue is 173 feet. The proposal is consistent with code standards.
Minimum Setbacks: Pursuant to CDC Table 2-1304, there are no minimum required setbacks for
a Comprehensive Infill Redevelopment Project. However, for a point of comparison, pursuant to
CDC Table 2-1303, the minimum setbacks for an Automobile Service Station are 20 feet (front),
Community Development Board – September 20, 2011
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EXHIBIT: STAFF REPORT FLD2011-06021 2011-09-20
15 feet (side) and 15 feet (rear). The proposal has a front (east) setback of 45 feet (to proposed
pavement), a side (north) setback of 37 feet (to proposed pavement), a side (south) setback of 64
feet (to pavement), and a rear (west) setback of 52 feet (to proposed pavement). This
development is consistent with the code. Furthermore, the only vertical structure being built is a
freestanding pump island canopy. This canopy will only cover the pump area. In pursuance of
CDC Section 3-908.B., the roof fascia of the canopy will be setback more than the minimum of
ten feet from any street right-of-way boundary and any side and rear property line. The
supporting posts or columns of the freestanding canopy shall not encroach into required
structural setbacks. No part of the freestanding canopy will encroach into or over a street right-
of-way.
Maximum Building Height: Pursuant to CDC Table 2-1304, there is no minimum required
building height for an Automobile Service Station as a Comprehensive Infill Redevelopment
Project. As a point of comparison, CDC Table 2-1303 allows for a maximum height of 30 feet
for Automobile Service Stations in the IRT District. The highest structure proposed for this
development is the canopy which will be 26.6 feet in height. This development is consistent with
the code.
Minimum Off-Street Parking: Pursuant to CDC Table 2-1304, there are no required off-street
parking spaces for an Automobile Service Station as a Comprehensive Infill Redevelopment
Project. However, as a point of comparison, CDC Table 2-1303 requires 4 parking spaces per
1,000 square feet of gross floor area. Nevertheless, no parking spaces are proposed nor are any
necessary on site. Payment method will be by key card requiring no attendant or employee on
site. No other services will be provided on site. A service parking and drive area has been
provided in case any mechanical equipment needs immediate or routine maintenance. This
proposal is consistent with the code.
Mechanical Equipment: Pursuant to CDC Section 3-201.D.1, all outside mechanical equipment
must be screened so as not to be visible from public streets and/or abutting properties. Based
upon the site and landscape plans submitted, all mechanical equipment on site will be adequately
screened from view. This proposal is consistent with the code.
Sight Visibility Triangles: Pursuant to CDC Section 3-904.A, to minimize hazards at the
driveway on N. Hercules Avenue; as well as the entrance onto the service drive, no structures or
landscaping may be installed which will obstruct views at a level between 30 inches above grade
and eight feet above grade within twenty-foot sight visibility triangles. As shown on the
submitted landscape plan, any proposed landscaping within the sight triangles meets this
criterion.
Landscaping: Pursuant to CDC Section 3-1202.D.1, this development is required to provide a
fifteen-foot wide landscape buffer along N. Hercules Avenue and a five-foot wide landscape
buffer along all side and rear property boundaries. The applicant’s submitted landscape plan
shows the development is compliant with these code standards. Also, CDC Section 3-1202.E.1,
requires ten percent of the gross vehicular use area shall be provided as landscape islands a
minimum of eight feet wide and 150 square feet in size with each island planted with one tree,
fifty percent shrubs, and groundcover in lieu of turf. Since this developments vehicular use area
Community Development Board – September 20, 2011
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EXHIBIT: STAFF REPORT FLD2011-06021 2011-09-20
is not a standard type parking area requiring the creation of interior islands, the applicant will
plant a number of trees, shrubs, and groundcover along the perimeter of the vehicle use area to
comply with the code. This developments landscape plan shows that a few existing trees will be
preserved while more than the required number of trees shall be planted. The additional trees
shall compliment the proposed shrubs and groundcover to provide a visually attractive landscape
and adequately screen the land use from view. The landscape plan includes a number of Florida
Grade #1 trees including crape myrtles and live oaks.
Solid Waste: The applicant has proposed to provide two thirty-two gallon trash bins on site. The
proposal has been found acceptable by the City’s Solid Waste Department.
Signage: No signage is proposed as a part of this application.
Code Enforcement Analysis:
There are no outstanding Code Enforcement issues associated
with the subject property.
COMPLIANCE WITH STANDARDS AND CRITERIA:
The following table depicts the
consistency of the development proposal with the standards as per CDC Section 2-1301.1 and
Table 2-1304:
Standard Proposed Consistent Inconsistent
ISR 0.85 0.31 X
Minimum Lot Area N/A 43,533.49 square feet (0.99 acres) X
Minimum Lot Width N/A 173 feet X
Minimum Setbacks Front: N/A East: 45 feet (to pavement) X
Side: N/A North: 37 feet (to pavement) X
South 64 feet (to pavement) X
Rear: N/A West: 52 feet (to pavement) X
Maximum Height N/A 26.6 feet (to top of canopy) X
Minimum Determined by the N/A X
Off-Street Parking Community Development
Coordinator based on the
specific use and/or ITE
Manual standards
COMPLIANCE WITH FLEXIBILITY CRITERIA:
As previously mentioned, the only
vertical structure being built is a freestanding pump island canopy. For this reason, the
application was reviewed as a Comprehensive Redevelopment Infill Project to allow Staff to
evaluate the architectural features and/or design of the freestanding canopy. This canopy will
only cover the pump area and will not encroach within any street right-of-way boundary or any
side and rear property line. The canopy will be 3,672 square feet and five feet in width. It
consists of a distinctive roof form that will accommodate future installation of solar panels. The
canopy design is innovative bringing green technology practices to the project.
Community Development Board – September 20, 2011
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EXHIBIT: STAFF REPORT FLD2011-06021 2011-09-20
The following table depicts the consistency of the development proposal with the Flexibility
criteria as per CDC Section 2-1304.C. (Comprehensive Infill Redevelopment Project):
Consistent Inconsistent
1. The development or redevelopment is otherwise impractical without deviations from X
the use and/or development standards set forth in this zoning district.
2. The development or redevelopment will be consistent with the goals and policies of X
the Comprehensive Plan, as well as with the general purpose, intent and basic
planning objectives of this Code, and with the intent and purpose of this zoning
district.
3. The development or redevelopment will not impede the normal and orderly X
development and improvement of surrounding properties.
4. Adjoining properties will not suffer substantial detriment as a result of the proposed X
development.
5. The proposed use shall otherwise be permitted by the underlying future land use X
category, be compatible with adjacent land uses, will not substantially alter the
essential use characteristics of the neighborhood; and shall demonstrate compliance
with one or more of the following objectives:
a. The proposed use is permitted in this zoning district as a minimum standard,
flexible standard or flexible development use;
b. The proposed use would be a significant economic contributor to the City’s
economic base by diversifying the local economy or by creating jobs;
c. The development proposal accommodates the expansion or redevelopment
of an existing economic contributor;
d. The proposed use provides for the provision of affordable housing;
e. The proposed use provides for development or redevelopment in an area
that is characterized by other similar development and where a land use plan
amendment and rezoning would result in a spot land use or zoning
designation; or
f. The proposed use provides for the development of a new and/or
preservation of a working waterfront use.
6. Flexibility with regard to use, lot width, required setbacks, height and off-street X
parking are justified based on demonstrated compliance with all of the following
design objectives:
a. The proposed development will not impede the normal and orderly
development and improvement of the surrounding properties for uses
permitted in this zoning district;
b. The proposed development complies with applicable design guidelines
adopted by the City;
c. The design, scale and intensity of the proposed development supports the
established or emerging character of an area;
d. In order to form a cohesive, visually interesting and attractive appearance,
the proposed development incorporates a substantial number of the
following design elements:
Changes in horizontal building planes;
Use of architectural details such as columns, cornices, stringcourses,
pilasters, porticos, balconies, railings, awnings, etc.;
Variety in materials, colors and textures;
Distinctive fenestration patterns;
Building step backs; and
Distinctive roofs forms.
e. The proposed development provides for appropriate buffers, enhanced
landscape design and appropriate distances between buildings.
Community Development Board – September 20, 2011
FLD2011-06021 – Page 5
EXHIBIT: STAFF REPORT FLD2011-06021 2011-09-20
COMPLIANCE WITH GENERAL STANDARDS FOR LEVEL TWO APPROVALS:
The
following table depicts the consistency of the development proposal with the General Standards
for Level Two Approvals as per CDC Section 3-914.A:
Consistent Inconsistent
1. The proposed development of the land will be in harmony with the scale, bulk, X
coverage, density and character of adjacent properties in which it is located.
2. The proposed development will not hinder or discourage development and use of X
adjacent land and buildings or significantly impair the value thereof.
3. The proposed development will not adversely affect the health or safety of persons X
residing or working in the neighborhood.
4. The proposed development is designed to minimize traffic congestion. X
5. The proposed development is consistent with the community character of the X
immediate vicinity.
6. The design of the proposed development minimizes adverse effects, including X
visual, acoustic and olfactory and hours of operation impacts on adjacent properties.
SUMMARY AND RECOMMENDATION:
The Development Review Committee (DRC) reviewed the application and supporting materials
at its meeting of August 4, 2011, and deemed the development proposal to be legally sufficient to
move forward to the Community Development Board (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.The 0.99 acres of city property is located at the northwest corner of the intersection of N.
Hercules Avenue and Palmetto Street;
2.The subject property is currently zoned Institutional (I) District with an underlying future
land use category of Transportation/Utility (T/U);
3.The subject property will be rezoned to Industrial, Research, and Technology (IRT) to allow
for the change of use from Governmental Use to an Automobile Service Station;
4.The subject property’s underlying Future land Use Map designation will be amended from
Transportation Utility (T/U) to Industrial Limited (IL);
5.The change of use will allow for the general public to utilize the Clearwater Natural Gas
Fueling Station;
6.The overall proposed I.S.R. is 0.31, which is consistent with the Code provisions;
7.That, the subject property has a lot area of 43,533.49 square feet and lot width of 173 feet,
which is consistent with the Code provisions;
8.The proposal includes setbacks of a front (east) setback of 45 feet (to proposed pavement), a
side (north) setback of 37 feet (to proposed pavement, a side (south) setback of 64 feet (to
pavement), and a rear (west) setback of 52 feet (to proposed pavement) which exceeds code
requirements;
9.The freestanding pump island canopy location is in compliance with CDC Section 3-908.B.;
10.The freestanding pump island canopy will be 26.6 feet in height, which is within the
allowable range for maximum height;
Community Development Board – September 20, 2011
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EXHIBIT: STAFF REPORT FLD2011-06021 2011-09-20
11.The landscape plan complies with the landscape code requirements for perimeter buffer
standards of the CDC;
12.The proposal is compatible with the adjacent properties; and
13.There are no outstanding Code Enforcement issues associated with the subject property.
Conclusions of Law. The Planning and Development Department, having made the above
findings of fact, reaches the following conclusions of law:
1.That the proposal is consistent with the Standards as per Community Development Code
Sections 2-1301.1 and 2-1304 of the Community Development Code;
2.That the proposal is consistent with the Flexibility criteria as a Comprehensive Infill
Redevelopment Project as per Community Development Code Section 2-1304.C; and
3.That the development proposal is consistent with the General Standards for Level Two
Approvals as per Section 3-914.A. of the Community Development Code.
APPROVAL
Based upon the above, the Planning and Development Department recommends of
Flexible Development Application to allow a change of use from Governmental Use to an
Automobile Service Station to permit a 14,387 square foot Compressed Natural Gas Fueling
Station with a freestanding canopy to be used by the general public in the Industrial, Research, and
Technology (IRT) District with a lot area of 43,533.49 square feet, a lot width of 173 feet, a front
(east) setback of 45 feet (to pavement), a side (north) setback of 37 feet (to pavement), a side
(south) setback of 64 feet (to pavement), and a rear (west) setback of 52 feet (to pavement), and a
height of 26.6 feet (to top of canopy), as a Comprehensive Infill Redevelopment Project, under the
provisions of the Community Development Code Section 2-1304, subject to the following
conditions:
Conditions of Approval:
1.That the subject property shall be rezoned from Institutional (I) District to Industrial,
Research, and Technology (IRT) District;
2.That the subject property’s underlying Future Land Use Map designation shall be amended
from Transportation Utility (T/U) to Industrial Limited (IL);
3.That prior to the issuance of a Certificate of Occupancy as an Automobile Service Station,
the applicant shall submit evidence of the approved Zoning Amendment and Future Land
Use amendment from the Countywide Planning Agency;
4.That the architectural design and elevations of the proposed freestanding canopy be
consistent with the conceptual design and elevations submitted to, or as modified by, the
CDB; and
5.That the City shall record a Declaration of a Unity of Title with Pinellas County between all
parcels involved in the application.
Prepared by Planning & Development Dept. Staff:
Kevin W. Nurnberger, Planner III
ATTACHMENTS: Location Map; Aerial Map; Zoning Map; Existing Surrounding Uses Map; and Photographs
S:\Planning Department\C D B\FLEX (FLD)\Pending cases\Up for the next CDB\N. Hercules Ave. 1020 - Natural Gas Station (I) 2011.xx -
KWN\Natural Gas 1020 N. Hercules Staff Report.docx
Community Development Board – September 20, 2011
FLD2011-06021 – Page 7
EXHIBIT: STAFF REPORT LUP2011-07002 2011-09-20
CDB Meeting: September 20, 2011
Case Number: LUP2011-07002
Applicant: City of Clearwater/Clearwater Gas System
Address: 1020 North Hercules Avenue
Agenda Item: E.1 (Related to D.2 and E.2)
STAFF REPORT
LAND USE PLAN AMENDMENT
I.GENERAL INFORMATION
Request:
To amend the present Future Land Use Map designation from
Transportation/Utility (T/U) to Industrial Limited (IL)
Location:
1020 North Hercules Avenue, located on the northwest corner of North
Hercules Avenue and Palmetto Street, adjacent to Clearwater Air Park
Site Area:
43,124 square feet or 0.99 acres MOL
II.BACKGROUND
This case involves a 0.99-acre property located at the northwest corner of North Hercules
Avenue and Palmetto Street, adjacent to Clearwater Air Park, and is owned by the City of
Clearwater. The property is comprised of three parcels and is currently being redeveloped
by Clearwater Gas System as a compressed natural gas fueling station limited to municipal
vehicle use. The station is designed to have four dispensers which can service up to eight
vehicles at one time, but will be unmanned. There is a gate station (i.e., above ground gas
piping, valves, and regulators) located on the southern portion of the property, which will
remain on the property.
The request is to change the property’s Future Land Use Map designation of
Transportation/Utility (T/U) to Industrial Limited (IL). A request for a rezoning of the
property from Institutional (I) to Industrial, Research and Technology (IRT) is being
processed concurrently with this case (see REZ2011-07004).
Clearwater Gas System has indicated that the intended future use of the property will be a
public compressed natural gas fueling station, which will serve other utility companies’
compressed natural gas vehicles (e.g., Verizon) as well as vehicles in the city’s fleet that
have been converted to operate on natural gas (e.g., municipal waste vehicles). The
proposed change in use from “government use” to “automobile service station” necessitated
a change in the Future Land Use Map designation and associated zoning district (see
companion Flexible Development application FLD2011-06021). The public use of the
fueling station is not allowed in the current Institutional (I) zoning district. The approval of
the change in use is subject to the approval of the amendment to the Future Land Use Map
designation and rezoning applications.
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III.SITE AND VICINITY CHARACTERISTICS
A.Site Characteristics
The property is currently being developed as a limited use compressed natural gas fueling
station to serve municipal vehicles. The existing gate station will remain on the site.
Adjacent to the property, to the east, are retail stores and offices, to the west and south is the
Clearwater Air Park, and to the north is a private utility company.
B.Surrounding Future Land Use and Zoning Designations
Existing Conditions
Direction
Land Use FLUM Designation Zoning Atlas
Designation
North: Private Utility Industrial Limited (IL) Industrial, Research and
Company Technology (IRT)
East: Retail Industrial Limited (IL) Industrial, Research and
Offices and Residential/Office Technology (IRT) and
General (R/OG) Office (O)
South: Clearwater Air Park Transportation/Utility Institutional (I)
(T/U)
West: Clearwater Air Park Transportation/Utility Institutional (I)
Offices (T/U)
C.Uses and Intensities Allowed by Present and Requested Future Land Use
Designations
Present FLUM Designation Requested FLUM Designation
Transportation/Utility (T/U) Industrial Limited (IL)
Primary Uses: Airports; marinas; utility Light Manufacturing; Overnight
facilities Accommodations;
Research/Development;
Wholesale; Warehouse
Maximum Density: N/A 50-75 Overnight
Accommodation units per acre
[Subject to Master Development
Plan requirements in the
Countywide Plan Rules]
Maximum FAR 0.70; ISR 0.90 FAR 0.65; ISR 0.85
Intensity:
Consistent Zoning Institutional (I) Industrial, Research and
Districts: Technology (IRT)
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EXHIBIT: STAFF REPORT LUP2011-07002 2011-09-20
IV.REVIEW CRITERIA
No amendment to the Comprehensive Plan or Future Land Use Map shall be recommended
for approval or receive a final action of approval unless it complies with the standards
contained in Section 4-603.F, Community Development Code.
A.Consistency with the Clearwater Comprehensive Plan [Section 4-603.F.1]
Recommended Findings of Fact:
Applicable goals, objectives and policies of the Clearwater Comprehensive Plan which
support the proposed amendment include:
Goal A.2 A sufficient variety and amount of future land use categories shall be provided
to accommodate the public demand and promote infill development.
Objective A.2.1 Public institutions, such as hospitals, parks, utility facilities and
government facilities, shall be provided sufficient land area to accommodate identified
public needs.
Policy A.2.1.1 Utility facilities shall continue to be allowed in all City of Clearwater
land use categories and zoning districts consistent with City regulations.
Policy A.2.2.4 Industrial land uses shall be located along arterial or major collector
streets, with rail access if possible. Siting and operation of industrial land uses should
not create adverse off-site impacts, particularly as these off-site impacts may degrade
residential areas.
Policy B.1.3.1 Requests for amendment to the Future Land Use Map will have an
analysis of traffic impacts.
Objective B.1.4 The City shall specifically consider the existing and planned LOS the
road network affected by a proposed development, when considering an amendment to
the land use map, rezoning, subdivision plat, or site plan approval.
Recommended Conclusions of Law
The request does not conflict with the goals, objectives and policies of the Clearwater
Comprehensive Plan and furthers said plan as indicated in the following. The proposed
public natural gas vehicle filling station is compatible with the mix of uses in the area.
The expansion of access to natural gas promotes the use of compressed natural gas
vehicles in the private sector. In addition, the proposal does not degrade the level of
service for public facilities below the adopted standards (a detailed public facilities
analysis follows in this report).
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EXHIBIT: STAFF REPORT LUP2011-07002 2011-09-20
B.Consistency with the Countywide Plan Rules
Recommended Findings of Fact:
Section 2.3.3.6.1 of the Countywide Plan Rules states that the purpose of the Industrial
Limited (IL) future land use classification is to depict those areas of the county that are
now developed, or appropriate to be developed, in a limited industrial manner; and so as
to encourage the reservation and use of consolidated areas for industrial and
industrial/mixed-use in a manner and location consistent with surrounding use,
transportation facilities, and natural resource characteristics. Section 2.3.3.6.1 also states
that the Industrial Limited (IL) future land use classification is generally appropriate to
those locations with sufficient size to encourage an industrial park arrangement, as well
as integrated industrial/mixed-use projects, with provision for internal service access in
locations suitable for light industrial use with minimal adverse impact on adjoining uses;
and served by the arterial and thoroughfare highway network, as well as mass transit.
The subject property is located on the west side of North Hercules Avenue (a signalized
arterial road), between Drew Street and Sunset Point Road (both signalized arterial
roads), an area that contains a mix of industrial, institutional, office and retail uses.
Future use of the subject property, with a public compressed natural gas fueling station,
is consistent with the purposes of the Industrial Limited (IL) future land use category
and compatible with surrounding properties and the neighborhood.
Recommended Conclusions of Law
The proposed Future Land Use Map amendment is consistent with the purpose and
locational characteristics of the Countywide Plan Rules.
C. Compatibility with Surrounding Property/Character of the City & Neighborhood
[Section 4-603.F.3 and Section 4-603.F.6]
Recommended Findings of Fact:
Existing surrounding uses consist of the Clearwater Air Park and associated buildings, a
private utility company, and retail stores. Not immediately adjacent, but in close
proximity to the subject site, are offices. The future land use designations of surrounding
properties include Industrial Limited (IL), Residential/Office General (R/OG) and
Transportation/Utility (T/U). The proposed public compressed natural gas fueling station
on the subject property is compatible with the surrounding properties and neighborhood.
The proposed Industrial Limited (IL) future land use category permits 50 to 75 overnight
accommodation units per acre [subject to Master Development Plan requirements
contained within the Countywide Plan Rules] and a floor area ratio (FAR) of 0.65. The
future land use designations of surrounding properties include Industrial Limited (IL),
Residential/Office General (R/OG) (15 Dwelling Units Per Acre; FAR 0.50), and
Transportation/Utility (T/U) (FAR 0.70).
Recommended Conclusions of Law
The Industrial Limited (IL) future land use classification requested is consistent with the
surrounding future land use classifications that exist in the vicinity of the subject
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property. The proposed future land use designation will allow the development of a
public compressed natural gas fueling station at a density and scale that is consistent
with existing industrial, transportation/utility, retail and office uses in the vicinity of the
subject property. As such, the proposed amendment will allow development that is in
character with the surrounding area.
The proposed Industrial Limited (IL) future land use designation is in character with the
overall Future Land Use Map designations in the area. Further, the proposal is
compatible with surrounding uses and consistent with the character of the surrounding
properties and neighborhood.
D. Sufficiency of Public Facilities [Section 4-603.F.5]
Recommended Findings of Fact:
To assess the sufficiency of public facilities needed to support potential development on
the property, the maximum development potential of the property under the present and
requested Future Land Use Map designations was analyzed (see Table 1). The request
for amendment to the Industrial Limited (IL) Future Land Use Map category would
decrease the amount of development potential allowed on the site (see Table 1 below).
Table 1. Development Potential for Existing & Proposed FLUM Designations
Present FLUM Requested FLUM
Net Change
Designation Designation
“T/U” “IL”
0.99 AC 0.99 AC
Site Area
(43,124 SF) (43,124 SF)
Maximum
30,187 SF 28,031 SF -2,156 SF
Development
0.70 FAR 0.65 FAR -0.05 FAR
Potential
Abbreviations:
FLUM – Future Land Use Map DUs – Dwelling units
AC – Acres FAR – Floor area ratio
SF – Square feet
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EXHIBIT: STAFF REPORT LUP2011-07002 2011-09-20
As shown in Table 2 below, the proposed change will not degrade public facilities and
services below acceptable levels.
Table 2. Public Facilities Level of Service Analysis
Maximum Potential Impact to Public
Net Capacity
Facilities/Services
Change Available?
Public
Present FLUM
Facility/Service
Requested FLUM
Designation
Designation “IL”
“T/U”
Streets 16 Trips 1 176 Trips 1 160 Yes
Potable Water 3,019 GPD 2 1,725 GPD 2 -1,294 Yes
Wastewater 2,415 GPD 2 1,380 GPD 2 -1,035 Yes
Solid Waste 445 Tons/Year 254 Ton/Year 191 Yes
Parkland 0.0 Acres 3 0.0 Acres 3 0 Yes
Public School
3
Facilities Yes
Elementary 0 Students 0 Students 0 Yes
Middle 0
School 0 Students 0 Students Yes
High School 0 Students 0 Students 0 Yes
Notes:
1. Based on average daily trips per acreage figure, Pinellas County Countywide Plan Rules.
-
Transportation/Utility (T/U)
-
Industrial Limited (IL)
2. GPD – Gallons per day.
3. Based on 4.0 acres of parkland per 1,000 persons and 2.2 persons per unit.
4. Pinellas County School Board student generation rate per unit:
-
Elementary School: 0.15 students per unit x 0 units
-
Middle School: 0.07 students per unit x 0 units
-
High School: 0.10 students per unit x 0 units
As shown in Table 3 below, the potential additional maximum daily trips associated
with the requested for amendment to the Industrial Limited (IL) Future Land Use
designation would not lower the operating level of service for North Hercules Avenue.
The proposed compressed natural gas fueling station will service vehicles in the
municipal fleet; therefore, some trips on this segment of North Hercules Avenue will be
shifted from the existing municipal fleet diesel fueling station located along the same
segment of North Hercules Avenue to the new compressed natural gas fueling station.
This transition will occur over time as the city converts its fleet to compressed natural
gas. This will be the only compressed natural gas fueling station in Pinellas County, so
for other vehicles utilizing the facility, it will be a destination.
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EXHIBIT: STAFF REPORT LUP2011-07002 2011-09-20
Table 3: Maximum Potential Traffic
Net
Drew Street Existing Current Proposed
New
12
(US 19 to McMullen Booth Road) Conditions FLUM FLUM
Trips
Potential Additional Maximum Daily Trips N/A 16 176 160
Potential Additional Maximum PM Peak N/A 2 17 15
3
HourTrips
Roadway Volume 15,029 4 15,045 5 15,205 5 275
Roadway Level of Service PM Peak Hour B 4 B 5 B 5
Adopted Roadway Level of Service Standard D Peak Hour
Abbreviations and Notes:
N/A = Not Applicable.
FLUM = Future Land Use Map, Clearwater Comprehensive Plan.
1. Based on PPC calculations of 16 trips per day per acre in the Transportation Utility (T/U) future land use category for
Municipal/Public Utilities.
2. Based on PPC calculations of 178 trips per day per acre in the Industrial Limited (IL) future land use category.
3. Based on MPO K-factor of 0.095.
4. Source: Pinellas County Metropolitan Planning Organization 2010 Level of Service Report.
5.
Based on a comparison between the Pinellas County Metropolitan Planning Organization 2010 Level of Service Report
and the 2009 Florida Department of Transportation Quality/Level of Service Handbook.
Recommended Conclusions of Law
Based upon the findings of fact, it is determined that the traffic generated by the
proposed amendment will not result in the degradation of the existing level of service on
North Hercules Avenue. There is an increase in demand of solid waste service, but there
is adequate capacity to accommodate the maximum demand generated by the proposed
amendment and the proposed public compressed natural gas fueling station will service
a smaller population than a typical automobile service station. Furthermore, potable
water, wastewater, parkland, recreation facilities, public school facilities and mass
transit will not be affected by the proposed amendment.
E. Impact on Natural Resources [Section 4-603.F.5]
Recommended Findings of Fact:
No wetlands appear to be located on the subject property. The property is currently
being redeveloped as a compressed natural gas fueling station limited to municipal
vehicle use, and is proposed to open to the public. There are trees and landscaping on
site, and the site is compliant with city stormwater requirements.
Recommended Conclusions of Law
Based on current information, no wetlands appear to be located on the subject property.
The intent of the applicant is to change the use of the redeveloped property from a
compressed natural gas fueling station limited to municipal vehicle use to one that is
open to the public. The proposed redevelopment is required to be compliant with the
City’s tree preservation and storm water management requirements.
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EXHIBIT: STAFF REPORT LUP2011-07002 2011-09-20
V.REVIEW PROCEDURE
Approval of the Future Land Use Map amendment does not guarantee the right to develop
the subject property. The 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 size of the parcel, review and approval by the Florida
Department of Economic Opportunity (Division of Community Planning) is not required.
The property owner must comply with all laws and ordinances in effect at the time
development permits are requested, including transportation concurrency provisions of the
Concurrency Management System in Division 9, Community Development Code.
VI.RECOMMENDATION
Based on the foregoing, the Planning and Development Department recommends the
following action:
Recommend APPROVAL of the request for Future Land Use Map amendment from the
Transportation/Utility (T/U) classification to the Industrial Limited (IL) classification.
Prepared by Planning & Development Department staff: _______________________________
Lauren Matzke, AICP
Planner III
Attachments:
Resume
Application for Future Land Use Plan Amendment
Location Map
Aerial Photograph of Site and Vicinity
Future Land Use Map
Zoning Map
Existing Surrounding Use Map
Site Photographs
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EXHIBIT: STAFF REPORT REZ2011-07004 2011-09-20
CDB Meeting: September 20, 2011
Case Number: REZ2011-07004
Applicant: City of Clearwater/Clearwater Gas System
Address: 1020 North Hercules Avenue
Agenda Item: E.2 (Related to D.2 and E.1)
STAFF REPORT
ZONING ATLAS AMENDMENT
I.GENERAL INFORMATION
Request:
To amend the Zoning Atlas designation from the Institutional (I) District to
the Industrial, Research and Technology (IRT) District
Location:
1020 North Hercules Avenue, located on the northwest corner of North
Hercules Avenue and Palmetto Street, adjacent to Clearwater Air Park
Site Area:
43,124 square feet or 0.99 acres MOL
II.BACKGROUND
This case involves a 0.99-acre property located at the northeast corner of North Hercules
Avenue and Palmetto Street, adjacent to Clearwater Air Park, and is owned by the City of
Clearwater. The property is comprised of three parcels and is currently being redeveloped
by Clearwater Gas System as a compressed natural gas fueling station limited to municipal
vehicle use. The station is designed to have four dispensers which can service up to eight
vehicles at one time, but will be unmanned.There is a gate station (i.e., above ground gas
piping, valves, and regulators) located on the southern portion of the property, which will
remain on the property.
The request is to change the property’s Zoning Atlas designation of Institutional (I) to
Industrial, Research and Technology (IRT). A Flexible Development application and a
request for a future land use amendment of the property from Transportation/Utility (T/U) to
Industrial Limited (IL) are being processed concurrently with this case (see LUP2011-07002
and FLD2011-06021) so the fueling station can be open to the public.
III.SITE AND VICINITY CHARACTERISTICS
A.Site Characteristics
The property is currently being developed as a limited use compressed natural gas fueling
station to serve municipal vehicles. The existing gate station (i.e., above ground gas piping,
valves, and regulators) will remain on the site. Adjacent to the property, to the east, are
retail stores and offices, to the west and south is the Clearwater Air Park, and to the north is
a private utility company.
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B.Surrounding Future Land Use and Zoning Designations
Existing Conditions
Direction
Land Use FLUM Designation Zoning Atlas
Designation
North: Private Utility Industrial Limited (IL) Industrial, Research and
Company Technology (IRT)
East: Retail Industrial Limited (IL) Industrial, Research and
Offices and Residential/Office Technology (IRT) and
General (R/OG) Office (O)
South: Clearwater Air Park Transportation/Utility Institutional (I)
(T/U)
West: Clearwater Air Park Transportation/Utility Institutional (I)
Offices (T/U)
IV.REVIEW CRITERIA
No amendment to the Zoning Atlas shall be recommended for approval or receive a final
action of approval unless it complies with the standards contained in Section 4-602.F,
Community Development Code.
A.Consistency of Development with the Clearwater Comprehensive Plan and
Community Development Code and City Regulations [Section 4-602.F.1 and 4-
602.F.2]
Recommended Findings of Fact:
Applicable goals, objectives and policies of the Clearwater Comprehensive Plan which
support the proposed amendment include:
Goal A.2 A sufficient variety and amount of future land use categories shall be provided
to accommodate the public demand and promote infill development.
Objective A.2.1 Public institutions, such as hospitals, parks, utility facilities and
government facilities, shall be provided sufficient land area to accommodate identified
public needs.
Policy A.2.1.1 Utility facilities shall continue to be allowed in all City of Clearwater
land use categories and zoning districts consistent with City regulations.
Policy A.2.2.4 Industrial land uses shall be located along arterial or major collector
streets, with rail access if possible. Siting and operation of industrial land uses should
not create adverse off-site impacts, particularly as these off-site impacts may degrade
residential areas.
Policy B.1.3.1 Requests for amendment to the Future Land Use Map will have an
analysis of traffic impacts.
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Objective B.1.4 The City shall specifically consider the existing and planned LOS the
road network affected by a proposed development, when considering an amendment to
the land use map, rezoning, subdivision plat, or site plan approval.
Recommended Conclusions of Law
The request does not conflict with the goals, objectives and policies of the Clearwater
Comprehensive Plan and furthers said plan as indicated in the following. The proposed
public natural gas vehicle filling station is compatible with the mix of uses in the area.
The expansion of access to natural gas promotes the use of compressed natural gas
vehicles in the private sector. In addition, the proposal does not degrade the level of
service for public facilities below the adopted standards (a detailed public facilities
analysis follows in this report).
B.Compatibility with Surrounding Property/Character of the City & Neighborhood
[Sections 4-602.F.3 and 4-602.F.4]
Existing surrounding uses consist of the Clearwater Air Park and associated buildings, a
private utility company, and retail stores. Not immediately adjacent, but in close
proximity to the subject site, are offices uses. The future land use designations of
surrounding properties include Industrial Limited (IL), Residential/Office General
(R/OG) and Transportation/Utility (T/U). The proposed public compressed natural gas
fueling station on the subject property is compatible with the surrounding properties and
neighborhood.
The proposed Industrial, Research and Technology (IRT) District primarily permits
government uses, retail sales and services, research and technology uses, offices, and
utility/infrastructure facilities. All of these uses are in the general vicinity of the subject
parcel, two of which are immediately adjacent (government uses and retail sales and
services).
The proposed Zoning Atlas designation will allow the development of a public
compressed natural gas fueling station at a density and scale that is consistent with
existing industrial, transportation/utility, retail and office uses in the vicinity of the
subject property. As such, the proposed amendment will allow development that is in
character with the surrounding area.
Recommended Conclusions of Law
The proposed Zoning Atlas designation is in character with the overall Zoning Atlas
designations in the area. Further, the proposal is compatible with surrounding uses and
consistent with the character of the surrounding properties and neighborhood. The
Industrial, Research and Technology (IRT) zoning district requested is consistent with
the surrounding zoning districts that exist in the vicinity of the subject property, and is
therefore consistent with the surrounding area.
C.Sufficiency of Public Facilities [Section 4-602.F.5]
Recommended Findings of Fact:
To assess the sufficiency of public facilities needed to support potential development on
the property, the maximum development potential of the property under the present and
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requested Future Land Use Map and Zoning designations were analyzed. The request for
amendment to the Industrial Limited (IL) Future Land Use Map category would
decrease the amount of nonresidential floor area permitted by 2,156 square feet on the
subject property.
Table 1. Development Potential for Existing & Proposed FLUM Designations
Present FLUM Requested FLUM
Net Change
Designation Designation
“T/U” “IL”
0.99 AC 0.99 AC
Site Area
(43,124 SF) (43,124 SF)
Maximum
30,187 SF 28,031 SF -2,156 SF
Development
0.70 FAR 0.65 FAR -0.05 FAR
Potential
Abbreviations:
FLUM – Future Land Use Map DUs – Dwelling units
AC – Acres FAR – Floor area ratio
SF – Square feet
The proposed change in designation would allow a decrease in the allowable Floor Area
Ratio (thus a decrease in square footage).
The current Institutional (I) District primarily permits school, church, public office and
hospital uses. The proposed Industrial, Research and Technology (IRT) District
primarily permits government uses, retail sales and services, research and technology
uses, offices, and utility/infrastructure facilities.
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EXHIBIT: STAFF REPORT REZ2011-07004 2011-09-20
Table 2. Public Facilities Level of Service Analysis
Maximum Potential Impact to Public
Net Capacity
Facilities/Services
Change Available?
Public
Present FLUM
Facility/Service
Requested FLUM
Designation
Designation “IL”
“T/U”
Streets 16 Trips 1 176 Trips 1 160 Yes
Potable Water 3,019 GPD 2 1,725 GPD 2 -1,294 Yes
Wastewater 2,415 GPD 2 1,380 GPD 2 -1,035 Yes
Solid Waste 445 Tons/Year 254 Ton/Year 191 Yes
Parkland 0.0 Acres 3 0.0 Acres 3 0 Yes
Public School
3
Facilities Yes
Elementary 0 Students 0 Students 0 Yes
Middle 0
School 0 Students 0 Students Yes
High School 0 Students 0 Students 0 Yes
Notes:
1. Based on average daily trips per acreage figure, Pinellas County Countywide Plan Rules.
-
Transportation/Utility (T/U)
-
Industrial Limited (IL)
2. GPD – Gallons per day.
3. Based on 4.0 acres of parkland per 1,000 persons and 2.2 persons per unit.
4. Pinellas County School Board student generation rate per unit:
-
Elementary School: 0.15 students per unit x 0 units
-
Middle School: 0.07 students per unit x 0 units
-
High School: 0.10 students per unit x 0 units
The Trip Generation Comparison by Zoning Atlas Designation in Table 3 below
indicates the estimated trip generation for specific uses allowed in the current and
proposed zoning districts based on the Institute of Transportation Engineer’s (ITE) Trip
th
Generation 8 Edition. The table shows that while the development of a
Gasoline/Service Station would generate an increase of 1,347 trips per day compared to
the existing Gate Station, the proposed change in zoning designation would not generate
any additional trips beyond those already allowed by the permitted redevelopment of the
parcel as the same use in the Institutional District. The proposed compressed natural gas
fueling station will service vehicles in the municipal fleet; therefore, some trips on this
segment of North Hercules Avenue will be shifted from the existing municipal fleet
diesel fueling station located along the same segment of North Hercules Avenue to the
new compressed natural gas fueling station. This transition will occur over time as the
city converts its fleet to compressed natural gas. There are few people in the general
public that own natural gas vehicles at this time, so trips generated are not expected to
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be as high as those generated by a regular gasoline/service station until natural gas
vehicles become more readily available.
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EXHIBIT: STAFF REPORT REZ2011-07004 2011-09-20
Table 3: Trip Generation Comparison by Zoning Atlas Designation
PM Net
Net
Avg. Peak PM Change
Development Change
Land Use Daily Trips Peak PM
Potential Avg Daily
Trips Avg Trips Peak
Trips
Rate Trips
Existing Designation: Institutional District
Gate Station 1 30,187 SF 3 2 N/A 0 0 N/A
Gasoline/Service 30,187 SF 3 1,349 N/A 15.65 125 N/A
2
Station (168.56
trips/vehicle fueling
position)
Proposed Designation: Industrial, Research and Technology District
Gasoline/Service 28,031 SF 4 1,349 0 15.65 125 0
2
Station(168.56
trips/vehicle fueling
position)
Abbreviations and Notes:
N/A = Not Applicable. SF = Square Feet GFA = Gross Floor Area
1. Existing Gate Station generates no more than two trips per day per Clearwater Gas System representative.
2. Institute of Transportation Engineer’s Trip Generation 8th Edition Land Use 944.
3. Total gross floor area ratio permitted by the underlying Transportation/Utility Future Land Use Map category is 0.70.
4. Total gross floor area ratio permitted by the underlying Industrial Limited Future Land Use Map category is 0.65.
Recommended Conclusions of Law
Based upon the findings of fact, it is determined that the traffic generated by the
proposed amendment will not result in the degradation of the existing level of service on
North Hercules Avenue. There is an increase in demand of solid waste service, but there
is adequate capacity to accommodate the maximum demand generated by the proposed
amendment and the proposed public compressed natural gas fueling station will service
a smaller population than a typical automobile service station. Furthermore, potable
water, wastewater, parkland, recreation facilities, public school facilities and mass
transit will not be affected by the proposed amendment.
D.Location of District Boundaries [Section 4-602.F.6]
Recommended Findings of Fact:
The location of the proposed Industrial, Research and Technology (IRT) District
boundaries is consistent with the boundaries of the subject property.
The proposed Industrial, Research and Technology (IRT) District boundaries would
consolidate the subject property into a single zoning district. The proposed Industrial,
Research and Technology (IRT) District is compatible with the retail and office uses to
the east, utility use to the north, and Clearwater Air Park to the west and south.
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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.
V.REVIEW PROCEDURE
Approval of the Zoning Atlas amendment does not guarantee the right to develop the subject
property. The property owner must comply with all laws and ordinances in effect at the time
development permits are requested, including transportation concurrency provisions of the
Concurrency Management System in Division 9, Community Development Code.
VI.RECOMMENDATION
Based on the foregoing, the Planning and Development Department recommends the
following action:
Recommend APPROVAL of the request for Zoning Atlas amendment from the Institutional
(I) District to the Industrial, Research and Technology (IRT) District.
Prepared by Planning & Development Department staff: _________________________
Lauren Matzke, AICP
Planner III
Attachments:
Resume
Application for Future Land Use Plan Amendment
Location Map
Aerial Photograph of Site and Vicinity
Future Land Use Map
Zoning Map
Existing Surrounding Use Map
Site Photographs
Community Development Board – August 16, 2011 - Case REZ2011-01002 -Page 8 of 8
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