01/17/2012
COMMUNITY DEVELOPMENT BOARD MEETING MINUTES
CITY OF CLEARWATER
January 17, 2012
Present: Chair Nicholas C. Fritsch, Vice-Chair Thomas Coates, Member Frank L.
Dame, Member Richard Adelson, Member Brian A. Barker, Member Kurt B. Hinrichs,
Acting Member Norma R. Carlough
Absent: Member Doreen DiPolito
Also Present: Attorney for the Board Gina Grimes, City Attorney Pam Akin, Planning &
Development Director Michael L. Delk, Development Review Manager Robert Tefft,
Board Reporter Patricia O. Sullivan
A. CALL TO ORDER, INVOCATION, PLEDGE OF ALLEGIANCE
The Chair called the meeting to order at 1:00 p.m. at City Hall, followed by
the Invocation and Pledge of Allegiance.
B. ROLL CALL: Chair Fritsch, Vice Chair Coates, Members Adelson, Barker,
Hinrichs, Dame, DiPolito, Alternate Member Carlough, City Staff
C. APPROVAL OF MINUTES OF PREVIOUS MEETING: December 20, 2011
A scrivener’s error on page 20 was noted.
Member Coatesapprove the minutes of the regular Community Development
Board meeting of December 20, 2011, as corrected. The motion was duly seconded
and carried unanimously.
D. CONSENT AGENDA: The following cases are not contested by the
applicant, staff, neighboring property owners, etc. and will be approved by
a single vote at the beginning of the meeting (Items 1-3):
1. Case: FLD2011-10040 - 1456 Lakeview Road Level Two Application
Owner: /Applicant: City of Clearwater
Agent: Robert Fahey, City of Clearwater (100 S. Myrtle Ave., FL 33756; phone:
727-562-4608; fax: 727-562-4755; email: Robert.Fahey@myclearwater.com)
Location: The 1.65 acre property is located on the north side of Lakeview Road
approximately 167 feet west of the intersection of Highland Ave. and Lakeview
Road
Atlas Page: 307A
Community Development 1/17/2012 1
Existing Zoning: Institutional (I) District
Request: Flexible Development approval to permit a Utility/Infrastructure Facility
(water well) in the Institutional (I) District, with a lot area of 72,000 feet (1.65
acres), a lot width of 464.68 feet, a front (south) setback of 27 feet (to structure,
a side (west) setback of 168 feet (to structure), a side (east) setback of 304 feet
(to structure) and a rear (north) setback of 121 feet (to structure) as a
Comprehensive Infill Redevelopment Project under the provisions of Community
Development Code Section 2-1201.A.
Proposed Use: Utility/Infrastructure Facility (water well)
Neighborhood Associations: Lake Belleview Neighbors and Clearwater
Neighborhoods Coalition
Presenter: Kevin W. Nurnberger, Planner III
Member Coates moved to approve Case FLD2011-11040 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.
2. Case: CPA2011-10002 - Amendments to the Clearwater Comprehensive Plan
Level Three Application
Request: Amendments to the Clearwater Comprehensive Plan to add charter
schools to the definition of public educational facilities and to allow public
educational facilities in three additional land use categories.
Neighborhood Association: Clearwater Neighborhoods Coalition
Presenter: Catherine Lee, Planner III
Member Coates moved to recommend approval of Case CPA2011-10002 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. The motion was duly seconded and carried unanimously.
Pulled from Consent Agenda
3. Case: TA2011-10003 - Amendments to the Community Development Code
Level Three Application
Request: Amendments to the Community Development Code adding Schools as
an allowable use within the Commercial (C) District.
Neighborhood Association: Clearwater Neighborhoods Coalition
Presenter: Catherine Lee, Planner III
Community Development 1/17/2012 2
In reference to a concern regarding language related to light infiltration proposed
in Ordinance 8311-12, Section 2-703Q(5), Planning & Development Director Michael
Delk reviewed City criteria related to outdoor lighting.
Katie Cole, representative for the applicant, said Code language related to off-
street parking is acceptable.
Member Coates moved to recommend approval of Case TA20011-10003 based
on the evidence and testimony presented in the application, the Staff Report and at
today's hearing, and hereby adopt the Findings of Fact and Conclusions of Law stated
in the Staff Report and recommend that language related to outdoor lighting in parking
lots be rewritten to reflect Code. The motion was duly seconded and carried
unanimously.
E. DIRECTOR'S ITEM (Item 1):
1. Rules of Procedure, Article 4 Conduct of Meetings, Section 4 Order of Meeting:
Change the order in which meetings are conducted
Assistant Planning Director Gina Clayton recommended the board amend current
agenda order in the Rules of Procedure.
Member Coates moved to amend the agenda order in the Rules of Procedure.
The motion was duly seconded and carried unanimously.
F. ADJOURNMENT
The meeting adjourned at 1:17 p.m.
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Community Development 1/17/2012 3
Ckarwater
Interdepartmental Correspondence Sheet
TO: Community Development Board Members
FROM: Robert Tefft,Development Review Manager
COPIES: Leslie Dougall-Sides, Assistant City Attorney; Susan Chase, Documents and
Records Specialist,/Pat Sullivan,Board Reporter
SUBJECT: Agenda Items for January 17,2012
DATE: January 09, 2012
CDB packets being distributed contain the following
Agenda
Site investigation form
Unapproved minutes of previous meeting December 20,2011
Level Two Applications (Items 1)
1. Case:
Yes No
LEVEL THREE APPLICATIONS (Item 1):
1. Case: CPA2011-10002—Amendments to the Clearwater Comprehensive Plan
Yes No
2. Case: TA2011-10003—Amendments to the Community Development Code
Yes No
Director's Items (1):
1. Rules of Procedure, Section 4 Order of Meeting
Change the order in which meetings are conducted.
S:(Planning DepartmentkC D BlAgendas DRC&CDBICDBI2012101 January 17,201211 Cover MEMO 2012.doc
I have conducted t pe sona 'stijation on the personal site visit to the following properties.
Signature: /, _ �� _ � Date: 1 �J
PRINT NAME
S.\Planning Department\C D BlAgendas DRC&CDBICDB\2012101 January 17,201211 Cover MEMO 2012.doc
Uearwater
Interdepartmental Correspondence Sheet
TO: Community Development Board Members
FROM: Robert Tefft, Development Review Manager
COPIES: Leslie Dougall-Sides, Assistant City Attorney; Susan Chase, Documents and
Records Specialist,/Pat Sullivan,Board Reporter
SUBJECT: Agenda Items for January 17,2012
DATE: January 09,2012
CDB packets being distributed contain the following
Agenda
Site investigation form
Unapproved minutes of previous meeting December 20,2011
Level Two Applications (Items 1)
1. Case:
Yes No
LEVEL THREE APPLICATIONS(Item 1):
1. Case: CPA2011-10002—Amendments to the Clearwater Comprehensive Plan
Yes No
2. Case: TA2011-10003—Amendments to the Community Development Code
Yes X No
Director's Items(1):
1. Rules of Procedure, Section 4 Order of Meeting
Change the order in which meetings are conducted.
S:(Planning Department\C D BlAgendas DRC&CDBICDBI2012101 January 17,201211 Cover MEMO 2012.doc
ill 1
I have conducted a personal investigation on the personal site visit to the following properties.
Signature: A Date: Y/7/12"/
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PRINT NAME
S:(Planning Department\C D BlAgendas DRC&CDBICDB12012101 January 17,201211 Cover MEMO 2012.doc
cie arwa: er
Interdepartmental Correspondence Sheet
TO: Community Development Board Members
FROM: Robert Tefft,Development Review Manager
COPIES: Leslie Dougall-Sides, Assistant City Attorney; Susan Chase, Documents and
Records Specialist,/Pat Sullivan, Board Reporter
SUBJECT: Agenda Items for January 17,2012
DATE: January 09,2012
CDB packets being distributed contain the following
Agenda
Site investigation form
Unapproved minutes of previous meeting December 20,2011
Level Two Applications (Items 1)
1. Case:
Yes No
LEVEL THREE APPLICATIONS (Item 1):
1. Case: CPA201 1-10002—Amendments to the Clearwater Comprehensive Plan
Yes No
2. Case: TA2011-10003—Amendments to the Community Development Code
Yes No
Director's Items (1):
1. Rules of Procedure, Section 4 Order of Meeting
Change the order in which meetings are conducted.
S.(Planning DepartmentlC D BlAgendas DRC&CDBICDBI2012101 January 17,201211 Cover h1EA1O 2012.doc
I have conducted a •ersonal investigation o 1 e personal site visit to the following properties.
Signature: Date: / /7 /2._.
jy^iaN garkc '
PRINT NAME
S.'IPlanning Department\C D BlAgendas DRC&CDBICDBI2012101 January 17,201211 Cover MEMO 2012.doc
Uearwater
U
Interdepartmental Correspondence Sheet
TO: Community Development Board Members
FROM: Robert Tefft,Development Review Manager
COPIES: Leslie Dougall-Sides, Assistant City Attorney; Susan Chase, Documents and
Records Specialist,/Pat Sullivan,Board Reporter
SUBJECT: Agenda Items for January 17,2012
DATE: January 09,2012
CDB packets being distributed contain the following
Agenda
Site investigation form
Unapproved minutes of previous meeting December 20,2011
Level Two Applications (Items 1)
1. Case: C .6 7) Zl/ `• / C
Yes No eJ
LEVEL THREE APPLICATIONS (Item 1):
1. Case: CPA20 1 1-1 0002—Amendments to the Clearwater Comprehensive Plan
Yes No
2. Case: TA2011-10003—Amendments to the Community Development Code
Yes No
Director's Items(1):
1. Rules of Procedure, Section 4 Order of Meeting
Change the order in which meetings are conducted.
S:Planning Department\C D BUAgendas DRC&CDBICDB12012101 January 17,201211 Cover MEMO 2012.doc
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I have conducted a sonaiinvestifatift n the personal site visit to the following properties.
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PRINT NAME
S:\Planning Department\C D BlAgendas DRC&CDBICDBI2012101 January 17,201211 Cover MEMO 2012.doc
Uearwater
Interdepartmental Correspondence Sheet
TO: Community Development Board Members
FROM: Robert Tefft,Development Review Manager
COPIES: Leslie Dougall-Sides, Assistant City Attorney; Susan Chase, Documents and
Records Specialist,/Pat Sullivan,Board Reporter
SUBJECT: Agenda Items for January 17,2012
DATE: January 09,2012
CDB packets being distributed contain the following
Agenda
Site investigation form
Unapproved minutes of previous meeting December 20,2011
Level Two Applications (Items 1)
1. Case: 74 1>•xO//— f/l7 4J / La 't �`
Yes No V
LEVEL THREE APPLICATIONS (Item 1):
1. Case: CPA2011-10002—Amendments to the Clearwater Comprehensive Plan
Yes No ✓ 4144tL
2. Case: TA2011-10003—Amendments to the Community Development Code
Yes No ✓ 4/4
Director's Items(1):
1. Rules of Procedure, Section 4 Order of Meeting
Change the order in which meetings are conducted.
S.(Planning DepartmentkC D BlAgendas DRC&CDBICDB12012101 January 17,201211 Cover MEMO 2012.doc
_
I have conducted a,)ersonal investi'ation on the •ersonal site visit to the following properties.
Signature:
Date: /L
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PRINT NAME
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• _
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Ckarwater
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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, Documents and
Records Specialist,/Pat Sullivan,Board Reporter
SUBJECT: Agenda Items for January 17,2012
DATE: January 09,2012
CDB packets being distributed contain the following
Agenda
Site investigation form
Unapproved minutes of previous meeting December 20,2011
Level Two Applications (Items 1)
1. Case:
Yes r No
LEVEL THREE APPLICATIONS(Item 1):
1. Case: CPA2011-100 2—Amendments to the Clearwater Comprehensive Plan
Yes No
2. Case: TA201j1 �-10003—Amendments to the Community Development Code
Yes t./ No
Director's Items(1):
1. Rules of Procedure, Section 4 Order of Meeting
Change the order in which meetings are conducted.
S:(Planning Department\C D BlAgendas DRC&CDBICDB12012101 January 17,201211 Cover MEMO 2012.doc
11"
I have conducted a personal investi tion on the personal site visit to the following operties.i
Signature: Date: i I 7 20 I .
PRINT NAME
S.Planning Department\C D BlAgendas DRC&CDBICDB12012101 January 17,201211 Cover MEMO 2012.doc
EXHIBIT: STAFF REPORT CPA2011-10002 2012-01-17
CDB Meeting Date:
Case Number:
January 17, 2012
Ordinance No.:
CPA2011-10002
Agenda Item:
8312-12
E.1. (Related to E.2)
CITY OF CLEARWATER
PLANNING & DEVELOPMENT DEPARTMENT
STAFF REPORT
REQUEST: Clearwater Comprehensive Plan Amendments Related to Charter
Schools and Public Educational Facilities
INITIATED BY: Inland Southeast Clearwater Development, LLC
At the July 19, 2011 Community Development Board meeting, the Board denied a Flexible
Development application (FLD2011-04017) involving a proposed charter school to be located on
a property, 21810 US Highway 19 North, classified as Commercial General (CG) on the Future
Land Use Map and in the Commercial (C) Zoning District. Policy J.2.1.3 of the Public School
Facilities Element of the Clearwater Comprehensive Plan identifies land use classifications in
which public educational facilities are an allowable use. Commercial General (CG) is not
included on this list, which was the reason the case was denied.
BACKGROUND:
After discussions with the applicant’s representatives, Planning and Development Department
staff agreed to support an application for a Comprehensive Plan amendment aimed at clarifying
the definition of public educational facilities and to include the Commercial General (CG) future
land use classification within Policy J.2.1.3. On November 1, 2011 Inland Southeast Clearwater
Development, LLC submitted applications for a Comprehensive Plan amendment and a text
amendment to the Community Development Code, which is being processed concurrently with
this case (see TA2011-10003).
According to Chapter 1002.33, Florida Statutes, all charter schools in Florida are public schools.
To further clarify this point within the Clearwater Comprehensive Plan, the proposed
amendment to Policy J.2.1.2 modifies the definition of public educational facilities to include
charter schools.
ANALYSIS:
The proposed amendment to Policy J.2.1.3 adds the Residential High (RH),
Residential/Office/Retail (R/O/R) and Commercial General (CG) future land use classifications
to the list of allowable categories for the public educational facilities use. Staff included the
R/O/R classification within the amendment because the Commercial (C) Zoning District is
consistent with both the Commercial General (CG) and Residential/Office/Retail (R/O/R) future
land use classifications. It was determined that the Residential High (RH) future land use
classification should be included within Policy J.2.1.3 because schools are an allowable use in
Community Development Board – January 17, 2012
CPA2011-10002 – Page 2
the Medium High Density Residential (MHDR) and High Density Residential (HDR) zoning
districts, which are consistent with the Residential High (RH) future land use classification.
Charter schools generally have different operating characteristics, such as smaller student
enrollment and targeted disciplines, which may mean that smaller buildings and campuses are
EXHIBIT: STAFF REPORT CPA2011-10002 2012-01-17
needed, atypical of the large acreage requirements of traditional public schools. Because the city
is nearly built-out, allowing schools in additional future land use classifications will broaden
location opportunities by providing more potential redevelopment sites for charter schools.
Pursuant to Community Development Code Section 4-603.F., no amendment to the
Comprehensive Plan shall be approved unless it complies with the following standards:
STANDARDS FOR REVIEW:
1. The amendment will further implementation of the Comprehensive Plan consistent with the
goals, policies and objectives contained in the Plan.
The proposed amendments to the Clearwater Comprehensive Plan are consistent with
existing goals, objectives, and policies in the Plan. Future Land Use Element Goal A.2 states
that a sufficient variety and amount of future land use categories shall be provided to
accommodate public demand and promote infill development. Allowing schools in more
future land use categories will accommodate the exhibited public demand for charter schools
in commercial categories. This may also promote infill development, as it expands allowable
uses. Policy A.2.2.1 states the Residential High (RH) future land use classification is
consistent with the Medium High Density Residential (MHDR) and High Density Residential
(HDR) zoning districts which already allow schools as a use in the Community Development
Code. Therefore, the proposed amendment will bring consistency between the Community
Development Code and the Clearwater Comprehensive Plan. Public School Facilities
Element Policy J.1.2.7 states the City and the School District shall recognize charter schools
as public school facilities. Therefore, the proposed amendment to the Policy J.2.1.2, which
adds charter schools to the definition of public educational facilities, is consistent with Policy
J.1.2.7.
2. The amendment is not inconsistent with other provisions of the Comprehensive Plan.
The proposed amendment will clarify the definition of public educational facilities and list
three new future land use classifications in which they will be allowed. These proposed
amendments are not inconsistent with other provisions of the Comprehensive Plan.
3. The available uses, if applicable, to which the property may be put are appropriate to the
property in question and compatible with existing and planned uses in the area.
The proposed amendments will affect properties citywide; therefore the compatibly of uses
will be assessed on a case-by-case basis. Projects must comply with compatibility criteria
proposed through the associated text amendment (see staff report for TA2011-10003).
Ordinance No. 8312-12
ORDINANCE NO. 8312-12
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING
AMENDMENTS TO THE COMPREHENSIVE PLAN OF THE CITY BY
AMENDING THE PUBLIC SCHOOL FACILITIES ELEMENT BY ADDING
CHARTER SCHOOLS TO THE DEFINITION OF PUBLIC EDUCATIONAL
FACILITIES AND ADDING THE COMMERCIAL GENERAL (CG),
RESIDENTIAL/OFFICE/RETAIL (R/O/R) AND RESIDENTIAL HIGH (RH)
FUTURE LAND USE CLASSIFICATIONS TO THE LIST OF
CLASSIFICATIONS THAT ALLOW PUBLIC EDUCATIONAL FACILITIES;
PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE
DATE;
WHEREAS the Local Government Comprehensive Planning and Land
Development Regulation Act of Florida empowers and requires the City Council of the
EXHIBIT: STAFF REPORT CPA2011-10002 2012-01-17
City of Clearwater to plan for the future development and growth of the City, and to
adopt and periodically amend the Comprehensive Plan, including elements and
portions thereof; and
WHEREAS, the City desires to allow schools, including charter schools, in the
Commercial General (CG), Residential/Office/Retail (R/O/R) and Residential High (RH)
future land use classifications; and
WHEREAS, Florida Statutes 1002.33 recognize all charter schools in Florida as
public schools; and
WHEREAS, amendments to the Comprehensive Plan have been prepared in
accordance with the applicable requirements of law, after conducting appropriate
planning analysis and public participation through public hearings, opportunity for
written comments, open discussion and the consideration of public and official
comments; and
WHEREAS, the Community Development Board, serving as the designated
Local Planning Agency for the City, has held a public hearing on the proposed
amendments and has recommended adoption of the proposed Comprehensive Plan
amendments; and
WHEREAS, the proposed amendments have been transmitted to the Florida
Department of Economic Opportunity (DEO) for review and comments, and the
objections, recommendations and comments received from the Florida Department of
Economic Opportunity have been considered by the City Council, together with all
comments from local regional agencies and other persons, in preparing the final draft of
the amendments; and
WHEREAS, the City Council finds it necessary, desirable and proper to adopt
the amendments to the objectives and policies of the Comprehensive Plan in order to
reflect changing conditions; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
2 Ordinance No. 8312-12
Section 1. That Policies J.2.1.2 and J.2.1.3 of Goal J.2 of the Clearwater
Comprehensive Plan, page J-7, are hereby amended to read as follows:
* * * *
J.2.1.2 For purposes of Objective J.2.1, public educational facilities are defined as
elementary schools, special education facilities, alternative education facilities,
middle schools, high schools, and area vocational-technical schools of the
Pinellas County School District and those charter schools whose charter has
been approved by the Pinellas County School District pursuant to F.S. Chapter
1002.33.
J.2.1.3 Public educational facilities of the School District are an allowable use within the
following land use categories in the City:
• Residential Estate
• Residential Suburban
• Residential Low
• Residential Urban
• Residential Low Medium
• Residential Medium
• Residential High
EXHIBIT: STAFF REPORT CPA2011-10002 2012-01-17
• Residential/Office Limited
• Residential/Office General
• Residential/Office/Retail
• Institutional
• Commercial General
* * * *
Section 2. Should any part or provision of this Ordinance be declared by a
court of competent jurisdiction to be invalid, the same shall not affect the validity of the
Ordinance as a whole, or any part thereof other than the part declared to be invalid.
Section 3. This ordinance shall become effective when the Department of
Economic Opportunity issues a final order determining the adopted amendment to be in
compliance, or the Administration Commission issues a final order determining the
adopted amendments to be in compliance, in accordance with Section 163.187 or
163.3189, F.S., as amended.
PASSED ON FIRST READING _____________________
PASSED ON SECOND AND FINAL _____________________
READING AND ADOPTED
__________________________
Frank Hibbard
3 Ordinance No. 8312-12
Mayor-Councilmember
Approved as to form: Attest:
__________________________ __________________________
Leslie Dougall-Sides Rosemarie Call
Assistant City Attorney City Clerk
Catherine Lee, LEED Green Associate
100 South Myrtle Avenue
EXHIBIT: STAFF REPORT TA2011-10002 2012-01-17
CDB Meeting Date: January 17, 2012
Case Number: TA2011-10003
Ordinance Number: 8311-12
Agenda Item: E.2 (Related to E.1)
CITY OF CLEARWATER
PLANNING & DEVELOPMENT DEPARTMENT
STAFF REPORT
REQUEST: Amendments to the Community Development Code – Ordinance No.
8311-12
INITIATED BY: Inland Southeast Clearwater Development, LLC
BACKGROUND:
At the July 19, 2011 Community Development Board meeting, the Board denied a Flexible
Development application (FLD2011-04017) involving a proposed charter school to be located on
a property, 21810 US Highway 19 North, classified as Commercial General (CG) on the Future
Land Use Map and in the Commercial (C) Zoning District. The primary reason for this denial
was that the Community Development Code does not list schools as a permitted use in the
Commercial (C) District (Article 2, Division 7) and the Clearwater Comprehensive Plan does
not permit schools in the Commercial General (CG) Future Land Use Map classification.
After discussions with the applicant’s representatives, Planning and Development Department
staff agreed to support an application for a text amendment to the Community Development
Code which adds schools as an allowable use in the Commercial (C) District, provided certain
criteria are met at the flexible standard development or flexible development approval levels. On
November 1, 2011 Inland Southeast Clearwater Development, LLC submitted applications for a
text amendment to the Community Development Code and a Comprehensive Plan amendment,
which is being processed concurrently with this case (see CPA2011-10002).
ANALYSIS:
Proposed Ordinance No. 8311-12 includes the following amendments:
1. Adds schools to the list of permitted uses in the Commercial (C) District (Chart 2-100,
Permitted Uses).
2. Adds the schools use to the Commercial (C) District as a flexible standard development
use, and adds flexibility criteria addressing side and rear setbacks, location, compatibility
and traffic circulation (e.g., drop-off areas and site access) (see pages 4-5 of proposed
ordinance).
Community Development Board – January 17, 2012
TA2011-10003 – Page 2
3. Adds the schools use to the Commercial (C) District as a flexible development use, and
adds flexibility criteria addressing lot size and area, setbacks, location, compatibility and
traffic circulation (see page 7 of proposed ordinance).
4. Amends the definition of school to include charter schools approved by the Pinellas
County School Board pursuant to 1002.33 Florida Statutes.
CRITERIA FOR TEXT AMENDMENTS:
Community Development Code Section 4-601 sets forth the procedures and criteria for
reviewing text amendments. All text amendments must comply with the following.
1. The proposed amendment is consistent with and furthers the goals, policies and
objectives of the Comprehensive Plan.
A review of the Clearwater Comprehensive Plan identified the following Goal, Objective and
Policy which will be furthered by the proposed Code amendments:
EXHIBIT: STAFF REPORT TA2011-10002 2012-01-17
Goal A.2 A sufficient variety and amount of future land use categories shall be
provided to accommodate public demand and promote infill development.
Allowing schools in the Commercial (C) District will accommodate the exhibited public
demand for charter schools in commercial categories. This may also promote infill
development, as it expands allowable uses.
Objective A.2.2 Future Land Use in the City of Clearwater shall be guided by the
Comprehensive Land Use Plan Map and implemented through the City’s
Community Development Code. Map categories are further defined in
Policy #A.2.2.1 below.
The proposed text amendment will create implementation criteria for schools in the
Commercial (C) District in new future land use classifications being proposed through
CPA2011-10002.
Policy J.1.2.7 Consistent with Sections 1002.33(1) and 1002.33(2), F.S., the City and the
School District shall recognize charter schools as public school facilities.
Such facilities shall serve to expand the school capacity of the School
District and are a potential option for mitigating the impact that new
Residential Approvals may have on public school facilities.
Allowing schools in the Commercial (C) District will provide more choice for charter
schools, which are recognized as public school facilities, to locate. Charter schools generally
have different operating characteristics, such as smaller student enrollment and targeted
disciplines, which may mean that smaller buildings and campuses are needed, atypical of the
Ordinance No. 8311-12
ORDINANCE NO. 8311-12
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING
AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE; BY
AMENDING ARTICLE 2, ZONING DISTRICTS, BY ADDING SCHOOLS
TO CHART 2-100 PERMITTED USES IN THE COMMERCIAL
DISTRICT; BY AMENDING TABLES 2-703 AND 2-704 AND SECTIONS
2-703.Q AND 2-704.Q, BY ADDING FLEXIBILITY CRITERIA RELATING
TO SCHOOLS IN THE COMMERCIAL DISTRICT; BY AMENDING
ARTICLE 8, DEFINITIONS AND RULES OF CONSTRUCTION,
SECTION 8-102, DEFINITIONS, BY REVISING THE DEFINITION OF
SCHOOLS TO PROVIDE CONSISTENCY WITH STATE REGULATIONS
REGARDING CHARTER SCHOOLS; CERTIFYING CONSISTENCY
WITH THE CITY’S COMPREHENSIVE PLAN AND PROPER
ADVERTISEMENT; PROVIDING FOR SEVERABILITY; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Florida Statutes 1002.33 recognizes all charter schools in Florida as public
schools; and
WHEREAS, it is desirable to allow schools in the Commercial zoning district and to set
forth criteria for said schools; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. That Article 2, Zoning Districts, CHART 2-100 Permitted Uses, of the
Community Development Code, be, and the same is hereby amended to read as follows:
CHART 2-100 PERMITTED USES
Use Categories LDR LMDR MDR MHDR HDR MHP C T D O I IRT OSR P CRNCOD IENCOD
Residential
Accessory dwellings X X X X X X
EXHIBIT: STAFF REPORT TA2011-10002 2012-01-17
Attached dwellings X X X X X X X
Community residential homes X X X X X X X X
Detached dwellings X X X X X X X X
Mobile homes X
Mobile home parks X
Residential infill projects X X X X X X X
Nonresidential
Adult uses X X
Airport X
Alcoholic beverage sales X X X
Animal grooming and or boarding X X X
Assisted living facilities X X X X
Automobile service stations X X
Cemeteries X
2 Ordinance No. 8311-12
Comprehensive infill
redevelopment project (CIRP) X X X X X X X
Congregate care X X X X
Convention center X
Educational facilities X X X X
Governmental uses X X X X X X
Halfway houses X
Hospitals X
Indoor recreation/entertainment X X X X
Light assembly X
Manufacturing X
Marinas X
Marinas and marina facilities X X X X
Medical clinic X X X X
Mixed use X X X X
Nightclubs, taverns and bars X X X X
Non-residential off-street parking X X X X
Nursing homes X X X X
Offices X X X X X X
Off-street parking X X
Open space X
Outdoor recreation/entertainment X X X X
Outdoor retail sales, display and/or
storage X X
Overnight accommodations X X X X X X X X
Parking garages and lots X X X X X X
Parks and recreation facilities X X X X X X X X X X X X
Places of worship X X X X
Problematic uses X
Public facility X X
Publishing and printing X
Public transportation facilities X X X X X X X
Research and technology use X
Residential shelters X X X
Resort Attached Dwellings X
Restaurants X X X X X X
Retail sales and services X X X X X X X X
RV parks X
Salvage yards X
Schools X X X X X X X X
Self-storage warehouse X X
Social and community centers X X X X
Social/public service agencies X X X X
Telecommunications towers X X X X X
TV/radio studios X X
3 Ordinance No. 8311-12
Utility/infrastructure facilities X X X X X X X X X X X X X X X
Vehicle sales/displays X X
Vehicle sales/displays, limited X X
Vehicle sales/displays, major X
Vehicle service X
Vehicle service, limited X
Vehicle service, major X
Veterinary offices X X X X
EXHIBIT: STAFF REPORT TA2011-10002 2012-01-17
Wholesale/distribution/warehouse
facility X
Section 2. That Article 2, Zoning Districts, Division 7, Commercial District (C),
Section 2-703, Table 2-703 and Section 2-703.Q, of the Community Development Code, is
hereby amended by adding subsection Q, Schools, and relettering the subsequent subsections
as appropriate:
Section 2-703. - Flexible standard development.
The following uses are Level One permitted uses in the "C" District subject to the
standards and criteria set out in this Section and other applicable provisions of Article 3.
Table 2-703. "C" District Flexible Standard Development Standards
Use
Min. Lot Area
(sq. ft.)
Min. Lot
Width (ft.)
Max.
Height
(ft.)
Min.
Front
(ft.)*
Min. Side
(ft.)
Min. Rear
(ft.)
Min. Off-Street
Parking Spaces
Accessory Dwellings n/a n/a n/a n/a n/a n/a 1 space per unit
Adult Uses 5,000 50 25 25 10 20 5 per 1,000
GFA
Alcoholic Beverage Sales 10,000 100 25 25 10 20 5 per 1,000
GFA
Automobile Service Stations 10,000 100 25 25 10 20 5/1,000 SF
GFA
Educational Facilities 40,000 200 25 25 10 20 1 per 2 students
Governmental Uses(1) 10,000 100 25—50 25 10 20 4 spaces per
1,000 GFA
Indoor Recreation/Entertainment 5,000—10,000 50—100 25 25 10 20 3—5/1000 SF
GFA or 3—
5/lane, 1—
2/court or
1/machine
Medical Clinics 10,000 100 25 25 10 20 2—3/1,000
GFA
Nightclubs 10,000 100 25 25 10 20 10 per 1,000
GFA
Offices 5,000—10,000 50—100 25—50 25 0—10 10—20 3—4 spaces
per 1,000
GFA>
Off-Street Parking 10,000 100 n/a 25 10 20 n/a
Outdoor Retail Sales, Display and/or 20,000 100 25 25 10 20 5 per 1,000 SF
4 Ordinance No. 8311-12
***********
Flexibility criteria:
***********
Q. Social and community centers.
Q. Schools.
1. The parcel proposed for development fronts on a major arterial street;
2. All off-street parking is located at least 200 feet from any property
EXHIBIT: STAFF REPORT TA2011-10002 2012-01-17
designated as residential in the Zoning Atlas;
3. Side and rear setback.
a. The reduction in side and rear setback does not prevent access to
the rear of any building by emergency vehicles;
b. The reduction in side and rear setback results in an improved site
plan, more efficient parking or improved design and appearance;
c. The reduction in side and rear setback does not reduce the
amount of landscaped area otherwise required;
4. Compatibility: The parcel proposed for development, if located within a
parcel with multiple tenants, does not contain adult uses, alcohol
beverage sales (package), nightclubs or problematic uses, and is not
located within 500 feet of a parcel of land used for purposes of adult uses,
alcohol beverage sales (package), nightclubs or problematic uses;
5. All outdoor lighting is designed and located so that no light fixture is within
200 feet from the nearest existing building used for residential purposes
and so that no light falls on residential property;
6. A drop-off area shall be provided that can accommodate a vehicle
stacking area adequate to meet the demand, based on the number of
Storage of outdoor
display area
Overnight Accommodations 20,000—
40,000
150—200 25—50 25 0—10 10—20 1 per unit
Places of Worship(2) 20,000—
40,000
100—200 25—50 25 10 20 .5-1 per 2 seats
Public Transportation Facilities(3) n/a n/a 10 n/a n/a n/a n/a
Restaurants 5,000—10,000 50—100 25—35 25 0—10 10—20 7—15 spaces
per 1,000 GFA
Retail Sales and Services 5,000—10,000 50—100 25-35 25 0—10 10—20 4—5 spaces per
1,000 GFA
Schools 40,000 200 25 25 0-10 10-20 1 per 3 students
Social and Community Centers 3,500—10,000 35—100 25—35 25 0—10 10—20 4—5 spaces per
1,000 GFA
Utility/Infrastructure Facilities(4) n/a n/a 20 25 10 20 n/a
Vehicle Sales/Displays 20,000—
40,000
150—200 25 25 10 20 2.5 spaces per
1,000 of lot
sales area
Veterinary Offices or Animal
Grooming and Boarding
10,000 100 25 25 10 20 4 spaces per
1,000 GFA
5 Ordinance No. 8311-12
students, the grade levels, and the estimated number of students who
can walk or ride the bus to the school. The drop-off area shall be adjacent
to a sidewalk or landing area which connects to the main entrance of the
school;
7. A circulation plan shall be submitted by the applicant that demonstrates
how students will access the site from adjacent roadways and once on
site, ensures a safe flow of traffic that does not create conflicts between
student drop-off area, potential van and bus drop-off area, parking,
access driveway, pedestrian and bicycle paths on the site.
R. Social and community centers.
EXHIBIT: STAFF REPORT TA2011-10002 2012-01-17
***********
Section 3. That Article 2, Zoning Districts, Division 7, Commercial District (C),
Section 2-704, Table 2-704 and Section 2-704.Q, of the Community Development Code, is
hereby amended by adding subsection Q, Schools, and relettering the subsequent subsections
as appropriate:
Section 2-704. - Flexible development.
The following uses are Level Two permitted uses in the "C" District subject to the
standards and criteria set out in this section and other applicable provisions of Article 3.
Table 2-704. "C" District Flexible Development Standards
Use
Min. Lot Area
(sq. ft.)
Min. Lot
Width
(ft.)
Max.
Height
(ft.)
Min.
Front
(ft.)
Min. Side
(ft.)
Min. Rear
(ft.)
Min. Off-Street
Parking
Alcoholic Beverage Sales 5,000—10,000 50—100 25 15—25 0—10 10—20 5 per 1,000 GFA
Comprehensive Infill
Redevelopment Project
n/a n/a n/a n/a n/a n/a Determined by the
community
development
coordinator based
on the specific use
and/or ITE
Manual standards
Indoor Recreation/Entertainment 3,500—10,000 30—100 25—50 15—25 0—10 10—20 3—5/1000 SF
GFA or 3—5/lane,
1—2/court or
1/machine
Light Assembly 5,000—10,000 50—100 25 15—25 0—10 10—20 4—5 spaces per
1,000 GFA
Limited Vehicle Service 5,000—10,000 50—100 25 15—25 0—10 10—20 4—5 spaces per
1,000 GFA
Marinas and Marina Facilities 5,000—20,000 50 25 25 10 20 1 space per 2 slips
Mixed Use 5,000—10,000 50—100 25—50 15—25 0—10 10—20 4—5 spaces per
1,000 GFA and 2
spaces per
residential unit
Nightclubs 5,000—10,000 50—100 25 15—25 0—10 10—20 10 per 1,000 GFA
Offices 3,500—10,000 30—100 25—50 15—25 0—10 10—20 3—4 spaces per
6 Ordinance No. 8311-12
1,000 GFA
Off-Street Parking 10,000 100 n/a 15—25 0—10 10—20 n/a
Outdoor Recreation/Entertainment 20,000 100 25 15—25 10 10—20 1—10 per 1,000
SQ FT of land
area or as
determined by the
community
EXHIBIT: STAFF REPORT TA2011-10002 2012-01-17
development
coordinator based
on ITE Manual
standards
Overnight Accommodations 20,000—
40,000
100—200 25—50 15—25 0—10 10—20 1 per unit
Problematic Uses 5,000 50 25 15—25 10 10—20 5 spaces per 1,000
SF GFA
Restaurants 3,500—10,000 35—100 25—50 15—25 0—10 10—20 7—15 spaces per
1,000 GFA
Retail Sales and Services 3,500—10,000 30—100 25—50 15—25 0—10 10—20 4—5 spaces per
1,000 GFA
RV Parks 40,000 200 25 15—25 20 10—20 1 space per RV
space
Schools 30,000-40,000 100-200 25-50 15-25 0-10 10-20 1 per 3 students
Self Storage 20,000 100 25 15—25 10 10—20 1 per 20 units plus
2 for manager's
office
Social/Public Service Agencies(1) 5,000—10,000 50—100 25—50 15—25 0—10 10—20 3—4 spaces per
1,000 GFA
Telecommunication Towers 10,000 100 Refer to
section 3-
2001
25 10 20 n/a
Vehicle Sales/Displays 10,000—
40,000
100—200 25 15—25 10 10—20 2.5 spaces per
1,000 SQ FT of
lot area
Veterinary Offices or Grooming
and Boarding
5,000—10,000 50—100 25 15—25 0—10 10—20 4 spaces per 1,000
GFA
***********
Flexibility criteria:
***********
Q. Self Storage.
Q. Schools.
1. The parcel proposed for development fronts on a major arterial street;
2. All off-street parking is located at least 200 feet from any property
designated as residential in the Zoning Atlas;
3. Lot area and/or lot width: The reduction shall not result in a building which
is out of scale with existing buildings in the immediate vicinity;
4. Height.
7 Ordinance No. 8311-12
a. The increased height results in an improved site plan, landscaping
area in excess of the required minimum and/or improved design
and appearance;
b. The increased height will not materially reduce the vertical
component of view from a parcel of land which is designated as
low density residential in the Zoning Atlas;
5. Front setback: The reduction in front setback results in an improved site
plan or improved design and appearance;
6. Side and rear setback.
a. The reduction in side and rear setback does not prevent access to
the rear of any building by emergency vehicles;
EXHIBIT: STAFF REPORT TA2011-10002 2012-01-17
b. The reduction in side and rear setback results in an improved site
plan, more efficient parking or improved design and appearance;
c. The reduction in side and rear setback does not reduce the
amount of landscaped area otherwise required;
7. Compatibility: The parcel proposed for development, if located within a
parcel with multiple tenants, does not contain adult uses, alcohol
beverage sales (package), nightclubs or problematic uses, and is not
located within 500 feet of a parcel of land used for purposes of adult uses,
alcohol beverage sales (package), nightclubs or problematic uses;
8. All outdoor lighting is designed and located so that no light fixture is within
200 feet from the nearest existing building used for residential purposes
and so that no light falls on residential property;
9. A drop-off area shall be provided that can accommodate a vehicle
stacking area adequate to meet the demand, based on the number of
students, the grade levels, and the estimated number of students who
can walk or ride the bus to the school. The drop-off area shall be adjacent
to a sidewalk or landing area which connects to the main entrance of the
school;
10. A circulation plan shall be submitted by the applicant that demonstrates
how students will access the site from adjacent roadways and once on
site, ensures a safe flow of traffic that does not create conflicts between
student drop-off area, potential van and bus drop-off area, parking,
access driveway, pedestrian and bicycle paths on the site.
R. Self storage.
***********
Section 4. That Article 8, Definitions and Rules of Constructions, Division 2,
Definitions, of the Community Development Code, is hereby amended as follows:
Section 8-102. Definitions.
***********
School means an elementary, middle, or high school, and exceptional learning center
and also includes charter schools approved by the Pinellas County School Board
pursuant to 1002.33 Florida Statutes.
***********
8 Ordinance No. 8311-12
�
1456 LAKEVIEW RD
Date Received: 11/1/2011 9:44:41 AM
City of Clearwater Safety Village Well Site
ZONING DISTRICT: Institutional
LAND USE: Institutional
ATLAS PAGE: 307A
PLANNER OF RECORD:
PLANNER: Kevin Nurnberger, Planner III
. '>
CDB Meeting Date: Janliary 17, 2012
Case Number: FLD2011-11040
Agenda Item: D. 1.
Owner/Applicant: City of Clearwater
Representative: Robert S. Fahey
Addresses: 1456 Lakeview Road
CITY OF CLEARWATER
PLANNING AND DEVELOPMENT DEPARTMENT
STAFF REPORT
GENERAL INFORMATION:
REQUEST: Flexible Development approval to permit a Utility/Infrastnicture
use (Water Well) in the Institutional (I) District with a lot area of
72,000 feet (1.65 acres), a lot width of 464.68 feet, a front (south)
setback of 27 feet (to structure), a side (west) setback of 168 feet
(to structure), a side (east) setback of 304 feet (to structure), and a
rear (north) setback of 121 feet (to structure) as a Comprehensive
Infill Redevelopment Project under the provisions of Community
Development Code Section 2-1204.A.
ZONING DISTRICT: Institutional (I) District
FUTURE LAND USE
PLAN CATEGORY: Institutional (I)
PROPERTY USE: Current: Governmental Use
Proposed: Governmental Use, Utility/Infrastructure Use
EXISITNG North: Low Medium Density Residential (LMDR) District
SURROUNDING Detc�ched Dwellings
ZONING AND USES: South: Institutional (I) District and
Medium Density Residential (MDR) District
Church, School, Attachecl Dwellings
East: Commercial (C) District
Automobile Service Station
West: Low Medium Density Residential (LMDR) District
Detached Dwellings
ANALYSIS:
Development Proposal:
On November l, 201 l, a Comprehensive Infill Redevelopment Project application was submitted
for a Utility/Infrastruchlre use (water production well) at 1456 Lakeview Road. The 1.65 acre
property is approximately 167 feet west of the intersection of Highland Avenne and Lakeview
Road and is the location of an existing City of Clearwater Fire Station. The well pad site will be
situated toward the southwest portion of this property. The current zoning and future land use
plan designation of the property are both Institutional (I). Detached dwellin� uses exist to the
Con�munity Developinent Board—January 17, 2012
FLD201 1-1 1040—Page 1
. '•
north and west, while commercial use are to the east, and to the south is a church and school, as
well as attached dwelling uses.
As a part of the City Master Plan, the City of Clearwater Public Utilities Department is makin�
every effort to supply more potable water from local resources rather than relying on regional
water suppliers. The proposed water production well is being developed according to the Florida
Administrative Code and Southwest Florida Water Management District (SWFWMD)
regulations. The proposed water production well will withdraw water from the aquifer, that
water will then be transferred to City Water Treatment Plants to be treated and become drinking
water. The water will be withdrawn using a motor and submersible pump. As the motor and
pump are located below ground there will be negligible effects acoustically and there will be no
odor from the proposed wells thereby eliminating any olfactory effects.
Pursuant to the Section 2-1203.M.1., Community Development Code (CDC), any above grotmd
structure, other than permitted telecommunication towers and utility distribution lines located on
or along a rear lot line, shall be screened from view by a landscaped opaque wall or fence which
is at least two-thirds the height of the above grotmd structure, landscaped with trees which will
five years after installation substantially obscure the fence or wall and the above ground
structure. It is noted that the proposed water production site does do not comply with the above
criteria; thus the filing of a Comprehensive Infill Redevelopment Project application. However,
site location for water production wells is complex due to strict requirements of the Florida
Administrative Code. Per the Florida Administrative Code, new water production wells that
supply a public water system shall be no closer than 200 feet from any on-site sewage treatment
and disposal systems. They shall be located no closer than 100 feet from other sanitary hazards
that pose a potentially hi�h nsk to ground water qtiiality and public health and shall be located no
closer than 50 feet from other sanitary hazards that pose a moderate risk to ground water and
- - � - - - - . _ _ -- - - �
pllblic health. Additionally, the srtes should be "m area iree trom", or at least not sub�ect to,
intmdation with surface drainage and floodwater. In other words, a water production well site
should be above a 100-year flood plain. In addition, both SWFWMD and the Department of
Homeland Security restrict any screening or landscaping around the proposed well site.
SWFWMD restricts landscape areas from being installed near the well site as the landscape
material will invite pesticides, herbicides and fertilizers to leach into the groundwater, thus
contaminating the area. To prevent any tampering with the water production wells, the
Deparhnent of Homeland Seclirity restricts any visibility barriers that would obstruct the view of
the well.
The maximum allowable Impervious Surface Ratio (ISR) for the property is 0.85, which is being
met on the site. The existing ISR for the property is 0.60 and does not significantly change with
the addition of the proposed 264 square foot well pad.
Pursuant to CDC Table 2-1204, there are no minimum required setbacks for a Coinprehensive
Infill Redevelopment Project. However, for a point of comparison, pursuant to CDC Table 2-
1203, the front setbacic for Utility/Infrastructure uses can range between 15 — 25 feet, the side
setback is 10 feet, and the rear setback can range between 15 — 20 feet. The proposed well site
will be set back 27 feet from the front (south) property 1ine, 121 feet from the rear (north)
Community Development Board—January 17,2012
FLD201 1-1 1040—Page 2
property line, 168 feet from the side (west) property line, and 304 feet from the side (east)
property line, which exceed these Code provisions.
Visible above ground will be telemetry antennas a maximum of 40 feet in height; piping and gate
valves approximately nine feet in height; electrical components completely screened in cabinetry
approximately six feet in height; six foot high green vinyl clad chain link fencing; and security
lighting approximately 16 feet above ground. All of the above ground components will be
located on a 12-foot by 22-foot concrete pad.
The City of Clearwater currently has 32 active water production wells throughout the City.
There have been no impacts on adjacent properties from the existing 19 active water production
wells since their inception five years ago.
COMPLIANCE WITH STANDARDS AND CRITERIA:
The following table depicts the consistency of the development proposal with the standards of
the Institutional (I) District and Institutional (I) future land use plan category as per Sections 2-
1201.1 and 2-1204, CDC:
Standard Proposed Consistent Inconsisteut
FAR 0.65 0.15 X
ISR 0.85 0.60 X
1�9inimum Lot Area N/A 72,000 square feet(1.65 acres) X
lVlinimum Lot Width N/A 464.68 feet X
IViinimum Setbacks Front: N/A South: 27 feet X
Side: N/A East: 304 feet X
West: 168 feet X
Rear: N/A North 121 feet X
Nlaximum Height N/A 40 feet to top of wireless X
communication tower
Mininmm Off-Street Parking N/A Zero parking spaces X
Conmiunity Development Board—January 17, 2012
FLD20ll-ll 040—Page 3
COMPLIANCE WITH FLEXIBILITY CRITERIA:
The following table depicts the consistency of the development proposal with the Flexibility
criteria as per CDC Section 2-1204.A (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 sha11 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
worl<ing waterfront use.
6. Flexibility with regard to use, lot width, required setbacks, height and off-street N/A N/A
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 siurounding 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, cotnices, stringcourses,
pilasters,porticos,balconies,railings,awnings,etc.;
❑ Variety in materials,colors and textures;
❑ Distinetive fenestration pattems;
❑ Building stepbacks;and
❑ Distinctive roofs forms.
c. The proposed development provides for appropriate buffers,enhanced landscape
design and a propriate distances between buildin s.
Conu�lwiity Development Board—January 17,2012
FLD201 1-1 1040—Page 4
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
l. The proposed development of the land will be in hannony 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
�. 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 roperties.
SUNIMARY AND RECOMMENDATION:
The Development Review Committee (DRC) reviewed the application and supporting materials
at its meeting of December l, 2011, and deemed the development proposal to be legally
sufficient to move forward to the Community Development Board (CDB).
Findinas of Fact. The Planning and Development Department, having reviewed all evidence
submitted by the applicant and reqtiiirements of the Community Development Code, finds that
there is substantial competent evidence to support the followiilg findings of fact:
l. That the proposed Utility/Infrastructure use (water well) will be located on the 1.65 acre
subject property that is approximately 167 feet west of the intersection of Highland Avenue
and Lakeview Road;
2. That the subject property is located within the Institutional (I) District and Institutional (I)
Future Land Use Plan category; and
3. The proposed well site will be set back 27 feet from the front (south) property line, 121 feet
from the rear (north) property line, 168 feet from the side (west) property line, and 304 feet
from the side (east) property line in compliance with code provisions.
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 applicable Standards as per CDC
Sections 2-1201.1 and 3-1204;
2. That the development proposal is consistent with the Flexibility criteria for a Comprehensive
Infill Redevelopment Project as per CDC Section 2-1204.A; and
3. That the development proposal is consistent with the General Standards for Level Two
Approvals as per CDC Section 3-914.A.
Based upon the above and subject to the attached condition, the Planning and Development
Departmeilt recommends APPROVAL of the Flexible Development application to permit a
Utility/Infrastnicture use (water well) in the Institutional (I) District with a lot area of 72,000 feet
(1.65 �cres), a lot width of 464.68 feet, a froi�t (south) setback of 27 feet (to stnicture) a side
Commlmity Development Board—Jantiary 17, 2012
FLD201 1-1 1040—Page 5
(west) setback of 168 feet (to structure), a side (east) setback of 304 feet (to structure) and a rear
(north) setback of 121 feet (to stnicture) as a Comprehensive Infill Redevelopment Project under
the provisions of Section 2-1204.A., Commtmity Development Code.
Condition of A�roval:
1. That the final design of all structures be consistent with the plans approved by the CDB.
Prepared by Planning and Development Department Staff:
evin W. Nurnberger, Planner III
ATTACHMENTS: Location Map;Aerial Map;Zoning Map;Existing Surrounding Uses Map;Photographs of Site and Vicinity
Conwlunity Development Board—Jai7uary 17, 2012
FLD2011-ll040—Page 6
v •
Kevin W.Nurnberger
100 S Myrtle Avenue
Clearwater,FL 33756
727-562-4567ext2502
kevin.nurnber�ernmvc lea����ateT-.com
PROFESSIONAL EXPERIENCE
Planner III March 2011 to present
Planner II October 201 D to March 2011
Ciry of Clearwater, Clearwater, Florida
Duties include performing the technical review and preparation of staff reports for various land
development applications, the organization of data and its display in order to track information and
provide status reports, and making presentations to various City Boards and Committees.
Planner
County of York, Yorktown, Virginia 2007 to 2009
Reviewed residential, commercial and mixed use development site plans to ensure compliance with
planning, zoning, subdivision, historic preservation, and environmental standards as well as design
criteria, specifications, regulations, codes and ordinances. Led pre-application meetings with residents,
neighborhood organizations, contractors, and developers regarding future projects which included state
and local government agencies.
Site Assistant
Gahan and Long Ltd, Belfast, Northern Ireland 2006 to 2007
Enforced Article 3 of the Planning Order (NI) with land owners, developers and district councils on
procedures relating to archaeological and built heritage remains on proposed development sites. On site
assistant to project manager during the archeological process throughout the pre-development stage.
Development Planner
Versar Inc, Fort Story/Fort Eustis, Virginia 2005 to 2006
Developed survey strategies for the Cultural Resource Manager by reviewing local and state planning
documents, the Secretary of the Interior's Standards for Preservation Planning on Federal installations,
the Virginia Department of Historic Resources, the Virginia Department of Transportation plan, and
Virginia Power's public utility plan in the predevelopment stages of new development and building
expansion projects to ensure protection of historic properties.
City Planner
City Planning Commission, New Orleans, Louisiana 2000 to 2005
Primary subdivision planner assisting applicants throughout the subdivision process in accordance with
the zoning and subdivision regulations of the City of New Orleans. Reviewed various zoning and
conditional use applications. Prepared and presented staff reports to the City Planning Commission and
Board of Zoning Adjustments.
EDUCATION
University of New Orleans,LA
MA Urban and Regional Planning(2004)
State University of New York at Buffalo,NY
BA Anthropology(1999)
.
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LOCATION
Owner: City Of Clearwater Case: FLD201 1-1 1 040
Site: 1456 Lakeview Road Property Size: 1.6 acres
PIN: 23-29-15-00000-220-0100 Atlas Page: 307A
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Owner: City Of Clearwater Case: FLD201 1-1 1 040
Site: 1456 Lakeview Road Property Size: 1.6 acres
PIN: 23-29-15-00000-220-0100 Atlas Page: 307A
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EXISTING CONDITIONS
Owner: City Of Clearwater Case: FLD201 1-11040
Site: 1456 Lakeview Road Property Size: 1.6 acres
PIN: 23-29-15-00000-220-0100 Atlas Page: 307A
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AERIAL
Owner: City Of Clearwater Case: FLD201 1-1 1040
Site: 1456 Lakeview Road Property Size: 1.6 acres
PIN: 23-29-15-00000-220-0100 Atlas Page: 307A
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Looking south from Well Pad location across I,akcvic�v Road. Looking east along Lakeview Road at Fire House on subject
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Looking north towards subject property at safety village from Looking east along Lakeview Road at subject property.
Lakeview Road.
1456 Lakeview Road
FLD2011-11040