02/21/2012
COMMUNITY DEVELOPMENT BOARD MEETING MINUTES
CITY OF CLEARWATER
February 21, 2012
Present: Vice-Chair Thomas Coates, Member Frank L. Dame, Member Richard
Adelson, Member Brian A. Barker, Member Norma R. Carlough, Acting Member Donald
van Weezel
Absent: Chair Nicholas C. Fritsch, Member Kurt B. Hinrichs
Also Present: Attorney for the Board Gina Grimes, Assistant City Attorney Leslie
Dougall-Sides, Planning & Development Director Michael L. Delk, Board Reporter
Patricia O. Sullivan
A. CALL TO ORDER, INVOCATION, PLEDGE OF ALLEGIANCE
The Vice-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,
Carlough, Dame, Hinrichs, Alternate Member van Weezel, City Staff
C. APPROVAL OF MINUTES OF PREVIOUS MEETING: January 17, 2012
Member Dame moved to approve the minutes of the regular Community
Development Board meeting of January 17, 2012, as submitted in written summation to
each board member. 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: FLD2011-12042 - 1916 Calumet Street Level Two Application
Owner/Applicant: Robert I. Smith, Jr.
Agent: Barry P. Ullmann, Architect LLC (615 S. Missouri Ave. Suite B,
Clearwater, FL 33756; phone: 727-441-4405; fax: 727-441-4405; email:
Barryullmann@AOL.com)
Location: 0.41-acre property on the north side of Calumet Street, approximately
900 feet west of the intersection of Calumet Street and Hercules Avenue
Atlas Page: 262A
Existing Zoning: Industrial Research and Technology (IRT) District
Request: Flexible Development application to permit 7,300 square-feet of
Community Development Board 2/21/2012 1
warehouse and manufacturing in the Industrial Research and Technology (IRT)
District with a lot area of 18,014 square-feet, a lot width of 128.67 feet, a
front(south) setback of 1.09 feet (to pavement),and 27.09 feet (to building), a
side (west) setback of 17.6 feet (to building), a side (east) setback of 20.33 feet
(to building), a rear (north) setback of 32.63 feet(to building), a building height of
21.5 feet (to top of flat roof), and six parking spaces (0.82 per thousand feet of
floor area)as a Comprehensive Infill Redevelopment Project under the provisions
of Community Development Code Section 2-1301.1 and 2-1304.C, as well as a
reduction to the foundation landscape requirement on the front(south) façade
from five feet to zero feet and a reduction of the front(south) landscape buffer
from 10 feet to 1.09 feet, as part of a Comprehensive Landscape Program under
the provisions of Community Development Code Section 3-1202.G.
Proposed Use: Warehousing/ Manufacturing
Neighborhood Association: Clearwater Neighborhood Coalition
Presenter: Ellen Crandall, Planner II
See Agenda for Staff Report.
See page 3 for motion of approval.
2. Case: FLD2011-12043 - 433 Cleveland Street Level Two Application
Owner/ Applicant: Hawaiian Moon
Agent: Julius Keblinskas, Metro Architects, Inc. (218 N. Jefferson Avenue,
Clearwater, FL 33755; phone: 727-543-6061; email: jkeblinskas@gmail.com)
Location: 0.128-acre property at the southwest corner of Cleveland Street and
Fort Harrison Avenue
Atlas Page: 286B
Existing Zoning: Downtown (D) District
Request: Flexible Development application for the renovation of the existing floor
area to permit eight attached dwelling units in an existing building in the
Downtown (D) District with a building height of 28 feet (to top of flat roof) and 38
feet (to top of parapet) and zero off-street parking spaces as a Comprehensive
Infill Redevelopment Project under the provisions of Community Development
Code Section 2-903.C, as well as the allocation of one dwelling unit from the
Public Amenities Incentive Pool as per the Clearwater Downtown
Redevelopment Plan.
Proposed Use: Attached Dwellings
Neighborhood Association: Clearwater Neighborhood Coalition
Presenter: Matthew Jackson, Planner II
See Agenda for Staff Report.
See page 3 for motion of approval.
Community Development Board 2/21/2012 2
3. Case: FLD2011-11041 - 18401 US Highway 19 N Level Two Application
Owner: 18401 US Highway 19 N., LLC
Applicant: Absolute Security, Inc.
Agent: Robert Pergolizzi, AICP/PTP, Gulf Coast Consulting, Inc. (13825 Icot
Boulevard, Suite 605, Clearwater, FL 33760; phone: 727-524-1818; fax: 727-
524-6090; email: pergo@gulfcoastconsultinginc.com)
Location: 0.384-acre property 436 feet east of the intersection of Belleair Road
and US Highway 19 N
Atlas Page: 318A
Existing Zoning: Commercial (C) District
Request: Flexible Development application to permit an office use in the
Commercial (C) District with a lot area of 16,759 square-feet, a lot width of 148
feet, a front (south) setback of zero feet (to existing pavement) and 14.8 feet (to
existing building), a side (west) setback of zero feet (to existing pavement) and
7.18 feet (to existing building), a side (east) setback of zero feet (to existing
pavement) and 46.39 feet (to existing building), and a rear (north) setback of
zero feet (to existing pavement) and 14.83 feet (to existing building), a building
height of 41 feet (to top of flat roof), and 2 parking spaces as a Comprehensive
Infill Redevelopment Project, under provisions of the Community Development
Code Section 2-704.C., and a reduction to the south perimeter buffer from 10
feet to zero feet, a reduction to the required west perimeter buffer from 5 feet to
zero feet, a reduction to the east perimeter buffer from 5 feet to zero feet, a
reduction to the north perimeter buffer from 5 feet to zero feet, a reduction to the
foundation planting from 5 feet to zero feet on the south facade, a reduction to
the Vehicular Use Area interior landscaping from 10 percent to 7.7 percent as a
Comprehensive Landscape Program, under the provisions of the Community
Development Code Section 3-1202.G.
Proposed Use: Office
Neighborhood Association: Clearwater Neighborhood Coalition
Presenter: Kevin W. Nurnberger, Planner III
See Agenda for Staff Report.
In response to a question, Planner III Kevin Nurnberger said Conditions of
Approval are correct in the updated Staff Report.
Member Dame moved to approve Cases FLD2011-12042, FLD2011-12043, and
FDL2011-11041on 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), with conditions of approval as listed.
The motion was duly seconded and carried unanimously.
Community Development Board 2/21/2012 3
E. ADJOURNMENT
The meeting adjourned at 1:10 p.m.
Chair
Attes Community Development Board
1111 .-AtOPAZia.A
City of Clearwater
:oard Rep,
Community Development Board 2/21/2012 4
0, Clearwater
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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 February 21,2012
DATE: February 13, 2012
CDB packets being distributed contain the following
Agenda
Site investigation form
Unapproved minutes of previous meeting December 20,2011
Level Two Applications (Items 1-3)
1. Case: FLD201 1-12042— 1916 Calumet Street
Yes No
2. Case: FLD2011-11041 — 18401 US Highway 19 N
Yes No x
3. Case: FLD201 1-12043 —433 Cleveland Street
Yes No yk-
I have conducted a personal investigation on the e onal site visit to the following properties.
i
Signature: Date: 2-4
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PRINT NAME
S:1Planning Department I C D BlAgendas DRC&CDB I CDB 12012102 February 21,201211 Cover MEMO 2012.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, Documents and
Records Specialist,/Pat Sullivan,Board Reporter
SUBJECT: Agenda Items for February 21,2012
DATE: February 13,2012
CDB packets being distributed contain the following
Agenda
Site investigation form
Unapproved minutes of previous meeting December 20, 2011
Level Two Applications (Items 1-3)
1. Case: LD2011-12042— 1916 Calumet Street
Yes No
2. Case: FLD2011-11041 — 184 US Highway 19 N
Yes No
3. Case: FLD201 1-12043—433 Cleveland Street
N
Yes No
I have conducte ' pe n, estigtnay the personal site visit to the following properties.
Signature: I f Date:
U k C/ r4 Lo czQ (4--
PRINT NAME
S.'(Planning Department I C D BlAgendas DRC&CDB I CDB 12012102 February 21,201211 Cover MEMO 2012.doc
CJearwater
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 February 21,2012
DATE: February 13,2012
CDB packets being distributed contain the following
Agenda
Site investigation form
Unapproved minutes of previous meeting December 20, 2011
Level Two Applications (Items 1-3)
1. Case: FLD201 1-12042— 1916 Calumet Street
Yes x No
2. Case: FLD2011-11041 — 18401 US Highway 19 N
Yes No
3. Case: FLD201 1-12043—433 Cleveland Street
Yes No
I have conducted a personal investigation on the personal site visit to the following properties.
Signature: ie,4,621 62etz,,,„ Date: 2/LIIJ
iGNAI-i9 /6 uo N
PRINT NAME
S:(Planning Department)C D BlAgendas DRC&CDBICDBI2012102 February 21,201211 Cover MEMO 2012.doc
CJearwater
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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 February 21,2012
DATE: February 13, 2012
CDB packets being distributed contain the following
Agenda
Site investigation form
Unapproved minutes of previous meeting December 20,2011
Level Two Applications (Items 1-3)
1. Case: FLD2011-12042— 1916 Calumet Street
Yes + No
2. Case: FLD2011-11041 — 18401 US Highway 19 N
Yes No
3. Case: FLD201 1-12043 —433 Cleveland Street
Yes cc No
I have conducted a per , • ation on the personal site visit to the following properties.
Signature: Date: 1-07/Z---
(1--4->%w L
PRINT NAME
S:\Planning DepartmentlCD BlAgendas DRC&CDBICDB\2012102 February 21,201211 Cover MEMO 2012.doc
O 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 February 21,2012
DATE: February 13, 2012
CDB packets being distributed contain the following
Agenda
Site investigation form
Unapproved minutes of previous meeting December 20,2011
Level Two Applications (Items 1-3)
1. Case: FLD201 1-12042— 1916 Calumet Street
Yes No
2. Case: FLD2011-11041 — 18401 US Highway 19 N
Yes No
3. Case: FLD2011-12043 —433 Cleveland Street
Yes ` No
I have conducted a perso 1 investi tion on the personal site visit to the followiln.properties.
Signature: Date: c� ail,'2
/)o0 of / co, j eez.e(
PRINT NAME
S:(Planning Department\CD BlAgendas DRC&CDBICDB12012102 February 21,201211 Cover MEMO 2012.doc
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CJearwater
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 February 21,2012
DATE: February 13, 2012
CDB packets being distributed contain the following
Agenda
Site investigation form
Unapproved minutes of previous meeting December 20, 2011
Level Two Applications (Items 1-3)
1. Case: FLD201 1-12042— 1916 Calumet Street
Yes No
2. Case: FLD2011-11041 — 18401 US Highway 19 N
Yes No
3. Case: FLD201l- 20� 43 —433 Cleveland Street
Yes No
I have conduct d a pers 1 al inv'sti. ation on the personal site visit to the followinj properties.
Signature: Date: 2-V Je). 02 21
PRINT NAME
S::(Planning Department\C D BlAgendas DRC&CDBI CDBI2012102 February 21,201211 Cover MEMO 2012.doc
EXHIBIT: STAFF REPORT FLD2011-12042 2012-02-21
CDB Meeting Date: February 21, 2012
Case Number: FLD2011-12042
Agenda Item: D. 1.
Owner/Applicant: Robert I. Smith, Jr.
Agent: Barry P. Ullmann
Address: 1916 Calumet Street
CITY OF CLEARWATER
PLANNING AND DEVELOPMENT DEPARTMENT
STAFF REPORT
GENERAL INFORMATION:
REQUEST: Flexible Development application to permit 7,300 square feet of
warehouse and manufacturing in the Industrial Research and
Technology (IRT) District with a lot area of 18,014 square feet, a lot
width of 128.67 feet, a front(south) setback of 1.09 feet (to
pavement),and 27.09 feet (to building), a side (west) setback of 17.6
feet (to building), a side (east) setback of 20.33 feet (to building), a rear
(north) setback of 32.63 feet(to building), a building height of 21.5 feet
(to top of flat roof), and six parking spaces (0.82 per thousand feet of
floor area)as a Comprehensive Infill Redevelopment Project under the
provisions of Community Development Code Section 2-1301.1 and 2-
1304.C, as well as a reduction to the foundation landscape requirement
on the front(south) façade from five feet to zero feet and a reduction of
the front(south) landscape buffer from 10 feet to 1.09 feet, as part of a
Comprehensive Landscape Program under the provisions of
Community Development Code Section 3-1202.G.
ZONING DISTRICT: Industrial, Research, and Technology (IRT) District
FUTURE LAND USE
PLAN CATEGORY:Industrial General (IG)
PROPERTY USE: Current: Vacant
Proposed: Warehousing and Manufacturing
EXISTING North: Unincorporated Pinellas County
SURROUNDING
Storm water retention pond
ZONING AND USES:
South: Industrial, Research, and Technology (IRT) District
Warehousing and Manufacturing
East: Industrial, Research, and Technology (IRT) District
Vehicle Service
West: Industrial, Research, and Technology (IRT) District
Vacant
Community Development Board – February 21, 2012
FLD2011- 12042 – Page 1
EXHIBIT: STAFF REPORT FLD2011-12042 2012-02-21
ANALYSIS:
Site Location and Existing Conditions:
The 0.41 acre property consists of a 7,300 square foot building with non-conforming back-out
parking spaces. The site has historically held industrial uses, most recently manufacturing as
Fairchilds Iron Works, however the site has been vacant for more than six months.
The surrounding properties, excluding the property to the north, are within the City of Clearwater
and the IRT District. The property to the south is a contractor’s office, the property to the east is
a vehicle repair, and the property to the west is currently vacant. The surrounding buildings are
industrial in appearance and have limited architectural improvements or aesthetics. The property
to the north is in unincorporated Pinellas County and is a large storm water retention pond.
Development Proposal:
The request proposes to use the existing 7,300 square foot building for warehousing and
manufacturing. The applicant proposes six off-street parking spaces, where 11 are required, and
has provided a parking demand study justifying the reduction. For this reason, the application has
been submitted as a Comprehensive Infill Redevelopment Project. The applicant is also
requesting the overhead utilities to remain as-is as relocating them underground is cost
prohibitive. The front (south) façade will be improved with awnings over the entrances .
The proposal’s compliance with the applicable development standards of the Community
Development Code (CDC) is discussed below.
Floor Area Ratio (FAR): Pursuant to the Countywide Plan Rules and CDC Section 2-1301.1, the
maximum allowable FAR is 0.75. The overall proposed FAR is 0.41, which is consistent with
the Code provisions.
Impervious Surface Ratio (ISR): Pursuant to the Countywide Plan Rules and CDC Section 2-
1301.1, the maximum allowable ISR is 0.95. The overall proposed ISR is 0.65, which is
consistent with the Code provisions.
Minimum Lot Area and Width: Pursuant to CDC Table 2-1304, there is no minimum required lot
area or lot width for a Comprehensive Infill Redevelopment Project. However, for a point of
comparison, the minimum lot area requirement for warehouse facility is 20,000 square feet. The
subject property has a lot area of 18,014 square feet (0.41 acres). The minimum lot width
requirement for a warehouse facility is 200 feet. The width of the subject property is 128.67 feet
along Calumet Street. The proposal is consistent with these criteria.
Minimum Setbacks: Pursuant to CDC Table 2-1304, there are no minimum setback requirements
for a Comprehensive Infill Redevelopment Project. However, for a point of comparison, the
minimum front setback requirement for warehouse facility is 20 feet while a minimum side
setback is 15 feet. Specific to this project is a front(south) setback of 1.09 feet (to pavement), and
27.09 feet (to building), a side (west) setback of 17.6 feet (to building), a side (east) setback of
20.33 feet (to building), a rear (north) setback of 32.63 feet(to building). The reduced front
setbacks are justified as these are necessary to provide the conforming off-street parking.
Enhancements will be made in the form of landscaping. Specifically the west side of the property
Community Development Board – February 21, 2012
FLD2011- 12042 – Page 2
EXHIBIT: STAFF REPORT FLD2011-12042 2012-02-21
will be improved with landscaping as well as the landscaping in the front parking islands. For
this reason, the application has been submitted as a Comprehensive Infill Redevelopment
Project.
Maximum Building Height: Pursuant to CDC Table 2-1304, there is no maximum allowable
height for a Comprehensive Infill Redevelopment Project. However, for a point of comparison,
the maximum building height for warehouse facility is 50 feet in height. The proposed height of
the building addition is 21.5 feet (to top of flat roof). The proposed building height is less than
the Code provisions.
Minimum Off-Street Parking: Pursuant to CDC Table 2-1304, the minimum required parking for
a Comprehensive Infill Redevelopment Project is determined by the Community Development
Coordinator based on the specific use and/or ITE Manual standards. The minimum off-street
parking requirement for warehouse or manufacturing facility uses is 1.5 spaces per 1,000 square
feet of gross floor area which requires the applicant to provide 11 parking spaces on site.
Currently, the property has non-conforming back-out parking spaces; however, the development
proposes 6 new off-street parking spaces located on the south side of the property. These off-
street parking spaces shall be designed in accordance with the standards set forth in CDC Section
3-1402. For this reason, a parking demand study was required to justify the reduction in off-
street parking.
The parking demand study found that 5 parking spaces will be adequate for this facility. A study
was conducted at 1914 Calumet which is a similar use of warehousing and manufacturing in the
same industrial park. The study was conducted between 8 am and 5 pm on a normal weekday,
Tuesday December 13, 2011. The counts were taken to determine the number of staff at the
facility and the number of parking spaces used at various times of day. As previously
mentioned, work performed within this facility includes manufactures, stores, repairs, and
distributes horse exercise equipment. Based on the parking demand study, the most heavily used
parking occurs on weekdays with a maximum of 2 parked vehicles, or 0.23 parking spaces per
thousand feet of floor area. The project site proposes 2-3 staff members and at 0.23 per thousand
would require 5 spaces. Based on the findings, the six parking spaces proposed is acceptable by
staff.
Landscaping: Pursuant to CDC Section 3-1202.D.1, this site is required a 15 foot wide landscape
buffer along Calumet Street, as well as 5 foot wide landscape buffers within each side and rear
yard. The east property line has a shared access agreement and does not require a landscape
buffer. The front landscape buffer is proposed at 1.09 feet and the foundation landscaping along
Calumet is reduced to zero to accommodate necessary compliant parking stalls. The landscape
buffer to the west will be increased to 17.6 feet in width and will have new shrubs and trees. The
buffer to the north currently has an existing oak and palms and is an existing drainage area. No
additional landscaping is provided to the north due to the existing drainage and trees. A condition
of approval has been added to ensure that all landscaping must be installed prior to receiving a
Certificate of Completion.
The landscape areas to the south will contain 100 percent shrubs and accent trees while the
landscape buffer to the west will have a solid hedge row and will have one shade tree one shade
Community Development Board – February 21, 2012
FLD2011- 12042 – Page 3
EXHIBIT: STAFF REPORT FLD2011-12042 2012-02-21
tree every 35 feet as set forth in CDC Section 3-1202.D. All proposed plant material shall be
Florida Grade No. 1 or better.
In regards to interior landscaping requirements, the vehicular use area is less than 4,000 square
feet and interior landscaping is not required set forth in CDC Sections 3-1202.E.1
Pursuant to CDC Section 3-1202.C, it shall be a condition of approval that the applicants install
an automatic permanent irrigation system providing complete water coverage for all required and
other landscaping materials and be maintained as a fully functioning system in order to preserve
the landscaping in a healthy growing condition or submit evidence that an irrigation system
exists that will provide complete water coverage for the new landscaping.
Solid Waste: The applicant has proposed no changes to the existing method of waste collection
and will continue to use black barrel pick-up. 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 any 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 structure or landscaping exceeding either 30 inches or more is proposed within the
site triangles.
Code Enforcement Analysis:
There are no active Code Enforcement cases for the subject
property.
COMPLIANCE WITH STANDARDS AND CRITERIA:
The following table depicts the consistency of the development proposal with the standards of
the Industrial General (IG) future land use plan category and the Industrial, Research, and
Technology (IRT) District as per CDC Section 2-1302 and Table 2-1304:
Standard Proposed Consistent Inconsistent
FAR 0.75 0.41 X
ISR 0.95 0.65 X
Minimum Lot Area N/A 1,8014 sq. ft. (0.41 acres) X
Minimum Lot Width N/A 128.67 feet X
Minimum Setbacks Front: N/A South: 1.09 feet (to pavement) X
27.09 feet (to building)
Side: N/A West: 17.6 feet (to building) X
North: 32.63 feet (to building) X
East: 20.33 feet (to building) X
Maximum Height N/A 21.5 feet (to flat roof) X
Minimum 1.5 spaces per 1,000 SF GFA 6 spaces X
Off-Street Parking
Community Development Board – February 21, 2012
FLD2011- 12042 – Page 4
EXHIBIT: STAFF REPORT FLD2011-12042 2012-02-21
COMPLIANCE WITH FLEXIBILITY CRITERIA:
The following table depicts the consistency of the development proposal with the Flexibility
criteria as per CDC Section 2-1304. (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.
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 – February 21, 2012
FLD2011- 12042 – Page 5
EXHIBIT: STAFF REPORT FLD2011-12042 2012-02-21
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 January 5, 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.That the 0.41 acre subject property is located at the north side of Calumet Street roughly 900
feet west of Hercules Avenue;
2.That the subject property is located within the Industrial, Research and Technology (IRT)
District and the Industrial General (IG) Future Land Use Plan category;
3.The site is currently improved with a 7,300 square foot of gross floor building;
4.The subject property has a lot area of 18,014 square feet (0.41 acres), a lot width of 128.67
feet (along Calumet Street);
5.The maximum allowable FAR is 0.75, the proposed FAR is 0.41;
6.The maximum allowable ISR is 0.95, the proposed ISR is 0.65;
7.The application proposes to redevelop the building for warehousing and manufacturing and
redevelop the site with 6 parking stalls;
8.The building will be 21.5 feet in height (to flat roof) ;
9.The development proposes to increase the number of off-street parking spaces from zero to 6
spaces;
10.The submitted parking demand study demonstrates that 6 off-street parking spaces will be
adequate for parking needs for the warehouse and manufacturing facility during all periods of
hours of operation; and
11.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:
Community Development Board – February 21, 2012
FLD2011- 12042 – Page 6
EXHIBIT: STAFF REPORT FLD2011-12042 2012-02-21
1.That the development proposal is consistent with the Standards as per Section 2-1301.1 and
Table 2-1304 of the Community Development Code;
2.That the development proposal is consistent with the Flexibility criteria as per Section 2-
1304.C of the Community Development Code;
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; and
4.That the development proposal is consistent with the General Standards for Comprehensive
Landscape Program as per Section 3-1202.G. of the Community Development Code.
APPROVAL
Based upon the above, the Planning and Development Department recommends of
this Flexible Development application to permit a 7,300 square feet of warehouse and
manufacturing in the Industrial Research and Technology (IRT) District with a lot area of 18,014
square feet, a lot width of 128.67 feet, a front(south) setback of 1.09 feet (to pavement),and
27.09 feet (to building), a side (west) setback of 17.6 feet (to building), a side (east) setback of
20.33 feet (to building), a rear (north) setback of 32.63 feet(to building), a building height of
21.5 feet (to top of flat roof), and six parking spaces (0.82 per thousand feet of floor area)as a
Comprehensive Infill Redevelopment Project under the provisions of Community Development
Code Section 2-1301.1 and 2-1304.C, as well as a reduction to the foundation landscape
requirement on the front(south) façade from five feet to zero feet and a reduction of the
front(south) landscape buffer from 10 feet to 1.09 feet, as part of a Comprehensive Landscape
Program under the provisions of Community Development Code Section 3-1202.G., 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 an automatic permanent irrigation system shall be provided for complete water
coverage for all required and other landscaping materials and maintained as a fully
functioning system in order to preserve the landscaping in a healthy growing condition;
3.That prior to the issuance of a Certificate of Completion all of the proposed landscaping shall
be installed; and
4.That prior to the issuance of a Certificate of Completion, awnings shall be installed on the
entrances of the south building façade.
Prepared by Planning and Development Department Staff: ______________________________
Ellen Crandall, Planner II
ATTACHMENTS: Location Map; Aerial Map; Zoning Map; Existing Surrounding Uses Map; and Photographs
Community Development Board – February 21, 2012
FLD2011- 12042 – Page 7
EXHIBIT: STAFF REPORT FLD2011-12043 2012-02-21
CDB Meeting Date: February 21, 2012
Case Number: FLD2011-12043
Agenda Item: D. 3.
Owner / Applicant: Hawaiian Moon
Address: 433 Cleveland Street
CITY OF CLEARWATER
PLANNING AND DEVELOPMENT DEPARTMENT
STAFF REPORT
GENERAL INFORMATION:
REQUEST: Flexible Development application for the renovation of the existing
floor area to permit eight attached dwelling units in an existing
building in the Downtown (D) District with a building height of 28
feet (to top of flat roof) and 38 feet (to top of parapet) and zero off-
street parking spaces as a Comprehensive Infill Redevelopment
Project under the provisions of Community Development Code
Section 2-903.C, as well as the allocation of one dwelling unit
from the Public Amenities Incentive Pool as per the Clearwater
Downtown Redevelopment Plan.
ZONING DISTRICT: Downtown (D) District
FUTURE LAND USE
PLAN CATEGORY: Central Business District (CBD)
PROPERTY USE: Current: Vacant Offices, Restaurant and Retail
Proposed: Attached Dwellings, Restaurant and Retail
EXISTING North: Downtown (D) District
SURROUNDING
Restaurants, Offices and Retail Sales and Services
ZONING AND USES:
South: Downtown (D) District
Governmental Use
East: Downtown (D) District
Offices and Educational Facilities
West: Downtown (D) District
Retail Sales and Services and Restaurants
ANALYSIS:
Site Location and Existing Conditions:
The 0.128-acre subject property is located within the Downtown (D) District at the southwest
corner of Cleveland Street and Fort Harrison Avenue, which is within the Downtown Core
character district of the Clearwater Downtown Redevelopment Plan. The site is currently
developed with an 8,709 square foot, two-story building with no available off-street parking.
Currently Starbucks is operating in a potion of the first floor with the remainder of the building
being vacant.
Community Development Board – February 21, 2012
FLD2011-12043 – Page 1 of 7
EXHIBIT: STAFF REPORT FLD2011-12043 2012-02-21
Development Proposal:
On December 1, 2011, a Comprehensive Infill Redevelopment Project application was submitted
for the subject property. The application proposes to convert 4,492 square feet of existing vacant
office space within the second floor of the building into eight attached dwelling units. There is
no land available for off-street parking spaces and thus the requirement of the application being
processed as Comprehensive Infill Redevelopment Project.
Pursuant to Community Development Code (CDC) Section 2-903, there are several non-
residential uses (including restaurant, office and retail), along Cleveland Street between Osceola
Avenue and Myrtle Avenue that if there is no land available for off-street parking, no off-street
parking is required. Residential uses are not exempt from this off-street parking provision. As
such, in this staff report the off-street parking discussion will be focused solely on the proposed
attached dwelling units as no off-street parking is required for the existing vacant offices,
restaurant or retail.
Density: Pursuant to the Clearwater Downtown Redevelopment Plan, the allowable density is 70
dwelling units per acre. Based upon the size of the property and the amount of floor area to
remain for restaurant or retail use, the existing office space could be converted into seven
dwelling units at the aforementioned density. The development proposal’s compliance with the
requirements for this additional density form the Pool is discussed later in this staff report.
Maximum Building Height: Pursuant to the Clearwater Downtown Redevelopment Plan, the
maximum allowable height within the Downtown Core character district and along Cleveland
Street is to be consistent with the historic development pattern. The development proposal does
not contain any changes to the existing building and the building height is consistent with the
historic development pattern.
Minimum Off-Street Parking: As previously discussed, there is no land available for off-street
parking. Attached dwellings are required to provide a range of parking spaces between 1 and 1.5
spaces per attached dwelling unit. As such, the proposed change of use for the eight attached
dwelling units would increase the off-street parking requirement by an additional eight to 12
spaces. The application proposes eight parking spaces to be located in the Atrium Parking
Garage east of the subject property and within 1,000 feet. These parking spaces are to be
available for 24 hour access specific only to the attached dwelling units. The applicant’s
justification for providing eight parking spaces in lieu of 12 spaces is that “the dwelling units are
primarily designed for sole occupancy, providing an open floor plan without separate bedroom.”
After reviewing the floor plan staff agrees with this determination. It is attached as a condition
of approval that prior to the issuance of any building permits, the applicant must provide
documentation proving that the Atrium Parking Garage, or other comparable alternative, has
available parking in excess of Code requirements that can be assigned to this use, and that the
respective property owners enter into an agreement that secures the eight parking spaces for the
continued use of the eight attached dwelling units in perpetuity and that said agreement be
recorded with the Pinellas County Clerk of the Court with a copy of the recorded agreement
provided to the Planning and Development Department.
Community Development Board – February 21, 2012
FLD2011-12043 – Page 2 of 7
EXHIBIT: STAFF REPORT FLD2011-12043 2012-02-21
Clearwater Downtown Redevelopment Plan:
The subject property is located within the Downtown Core character district of the Clearwater
Downtown Redevelopment Plan. The Clearwater Downtown Redevelopment Plan envisions the
district to continue to be a center of government including Pinellas County and City of
Clearwater governmental offices. The Downtown Core will continue to attract private offices
that desire to locate in close proximity to the government center, as well as offices attracted to
Clearwater for its size, central location and amenities. A key component to diversify the
Downtown Core is to attract residential uses with a variety of housing types and prices. Once a
residential base is in place, retail, restaurant and services will likely follow. The addition of the
proposed attached dwelling units is consistent with the envisioned residential uses within the
Downtown Core character district.
Public Amenities Incentive Pool: To assist in the transformation of downtown Clearwater into a
quality place in which to live, work and play, the Clearwater Downtown Redevelopment Plan
establishes a Public Amenities Incentive Pool of 2,296 dwelling units and 2,119,667 square feet
of floor area for non-residential uses. The applicant is proposing the use of one dwelling unit
from the Public Amenities Incentive Pool. The amenity provided by this development in order to
justify the request from the Pool is the provision of residential use consisting of eight dwelling
units (including the one unit requested from the Pool) in the Downtown Core. Based upon the
provision of this amenity, which is consistent with the Clearwater Downtown Redevelopment
Plan, the request for one dwelling unit from the Public Amenities Incentive Pool can be
supported.
Visions, Goals, Objectives and Policies: A review of the Clearwater Downtown Redevelopment
Plan was conducted and the following applicable Visions, Goals, Objectives and Policies were
identified:
Vision: Downtown Clearwater is a major center of activity, business and governments. The
proposed change of use will allow for the immediate use of an existing 4,492 square feet of
presently vacant floor area within the existing building. Based upon current tenant
information, the building is 50% occupied; therefore the existing development is not
operating in accordance with the above Vision statement. The proposed change of use will
generate new “traffic” that will help to stimulate the surrounding area and further this Vision
statement.
Vision: The revitalization of Downtown Clearwater is critical to the City’s overall success.
The City will use all tools and incentives available in the CRA to revitalize the Downtown.
The proposal includes using one unit from the Public Amenities Incentive Pool. This will
allow an additional dwelling unit not otherwise allowed per Code thereby increasing the
residential base needed to support a vibrant downtown area. Using the Public Amenities
Incentive Pool is consistent with this vision statement.
Vision: Downtown will be an integrated community with a mix of retail, residential, office
and recreational opportunities. The development of a variety of residential projects to attract
new residents to Downtown is critical to the success of a revitalized Downtown. The
proposal is a departure from historically approved residential projects such as Waters Edge
and Station Square. And while these developments provide a typical market rate residential
Community Development Board – February 21, 2012
FLD2011-12043 – Page 3 of 7
EXHIBIT: STAFF REPORT FLD2011-12043 2012-02-21
opportunity, both developments are plagued by vacancies. The proposed development
however, and due to the studio type design and lower rent of $600 per month, are anticipated
to be occupied and not remain vacant for any substantial time period. Based upon the above,
the development proposal will be consistent with this vision statement.
Objective 1G: Residential uses in Downtown are encouraged with a variety of densities,
housing types and affordability consistent with the character districts. As the development is
utilizing one unit from the Public Amenities Incentive Pool, a higher density is proposed than
otherwise allowed per the Downtown Redevelopment Plan. Furthermore and as previously
discussed, the proposal includes a departure from typical market rate dwelling units to studio
type apartments with anticipated lower rents. These provisions provide consistency with the
above objective.
Objective 1I: The City shall use all existing incentives to encourage Downtown housing and
shall evaluate other incentives to encourage residential uses to locate Downtown. As
previously discussed, the proposal includes requesting one unit from the Public Amenities
Incentive Pool thereby meeting the above objective.
Downtown Core Character District Policies: A review of the Downtown Core District Policies
was conducted and no applicable policies were identified.
Downtown Redevelopment Plan Design Guidelines: The development proposal does not include
any changes to the building’s exterior. However, after review of the existing building’s
architecture and design, it is found to be consistent with the Downtown Redevelopment Plan
Design Guidelines as the building has a distinctive base, middle and cap as well as a number of
listed architectural elements. These elements include but are not limited to a cornice, window
sills, door transoms, double door entrance, fixed plate glass window display and parapet.
Based upon the above and subject to the attached conditions of approval, the development
proposal has been found to be in compliance with the policies governing development within the
Clearwater Downtown Redevelopment Plan.
Code Enforcement Analysis:
There is no active Code enforcement case for the subject
property.
COMPLIANCE WITH STANDARDS AND CRITERIA:
The following table depicts the consistency of the development proposal with the standards and
criteria as per CDC Section 2-903 and the Clearwater Downtown Redevelopment Plan:
Standard Proposed Consistent Inconsistent
Density 70 units per acre 78.5 X 1
Maximum Building Height Consistent with the 38 feet (to top of parapet)/ X
historical development no change and is consistent
pattern with the historical
development pattern
Minimum Off-Street Parking 8-12 parking spaces Zero parking spaces X 2
1
See above discussions with regard to one dwelling unit being allocated from the Public Amenities Incentive Pool.
Community Development Board – February 21, 2012
FLD2011-12043 – Page 4 of 7
EXHIBIT: STAFF REPORT FLD2011-12043 2012-02-21
Standard Proposed Consistent Inconsistent
2 See above discussions with regard to Off-Street Parking requirements.
COMPLIANCE WITH FLEXIBILITY CRITERIA:
The following table depicts the consistency of the development proposal with the Flexibility
criteria as per CDC Section 2-903.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 stepbacks; and
Distinctive roofs forms.
e. The proposed development provides for appropriate buffers, enhanced landscape
design and appropriate distances between buildings.
Community Development Board – February 21, 2012
FLD2011-12043 – Page 5 of 7
EXHIBIT: STAFF REPORT FLD2011-12043 2012-02-21
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 January 05, 2011, and deemed the development proposal to be legally sufficient
to move forward to the Community Development Board (CDB).
Findings of Fact. The Planning and Development Department, having reviewed all evidence
submitted by the applicant and requirements of the Community Development Code, finds that
there is substantial competent evidence to support the following findings of fact:
1.That the 0.128 acre subject property is located at the southwest corner of Cleveland Street
and Fort Harrison Avenue;
2.That the property is located within the Downtown (D) District and the Central Business
District (CBD) future land use plan category;
3.That the property is subject to the requirements of the Clearwater Downtown Redevelopment
Plan with regard to use as it is located within the Downtown Core character district;
4.That the proposal consists only of a change of use from office to attached dwellings for a
portion of the existing building; and
5.That the proposed eight dwelling units require between 8 and 12 off-street parking spaces
and there is no available land for off-street parking spaces.
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 has been found to be in compliance with the applicable
Standards and Criteria as per CDC Section 2-903;
2.That the development proposal has been found to be in compliance with the Flexibility
criteria for a Comprehensive Infill Redevelopment Project as per CDC Section 2-903.C;
3.That the development proposal has been found to be in compliance with the General
Standards for Level Two Approvals as per CDC Section 3-914.A;
Community Development Board – February 21, 2012
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EXHIBIT: STAFF REPORT FLD2011-12043 2012-02-21
4.That the development proposal has been found to be in compliance with the requirements for
the Public Amenities Incentive Pool as per the Clearwater Downtown Redevelopment Plan;
and
5.That the development proposal has been found to be in compliance with the applicable
provisions of the Clearwater Downtown Redevelopment Plan.
APPROVAL
Based upon the above, the Planning Department recommends of the Flexible
Development application for the renovation of the existing floor area to permit eight attached
dwelling units in an existing building in the Downtown (D) District with a building height of 28
feet (to top of flat roof) and 38 feet (to top of parapet) and zero off-street parking spaces as a
Comprehensive Infill Redevelopment Project under the provisions of Community Development
Code Section 2-903.C, as well as the allocation of one dwelling unit from the Public Amenities
Incentive Pool as per the Clearwater Downtown Redevelopment Plan, with the following
conditions:
Conditions of Approval:
1.That this use (attached dwellings) shall be limited to a total of 4,492 square feet within the
building, and that any desired enlargement of floor area shall require a new application for
further review and approval by the CDB;
2.That the floor plan layout be consistent with those plans approved by the CDB;
3.That prior to the issuance of any building permits, the applicant must provide documentation
proving that the Atrium Parking Garage, or other comparable alternative, has available
parking in excess of Code requirements that can be assigned to this use, and that the
respective property owners enter into an agreement that secures the eight parking spaces for
the continued use of the eight attached dwelling units in perpetuity and that said agreement
be recorded with the Pinellas County Clerk of the Court with a copy of the recorded
agreement provided to the Planning and Development Department;
4.That prior to the issuance of any building permits, all Solid Waste conditions are met; and
5.That prior to the issuance of any building permits, all Fire conditions are met.
Prepared by Planning and Development Department Staff: ______________________________
Matthew Jackson, Planner II
Location Map; Aerial Map; Zoning Map; Existing Surrounding Uses Map; and Photographs of Site and Vicinity
ATTACHMENTS:
S:\Planning Department\C D B\FLEX (FLD)\Inactive or Finished Applications\Cleveland Street 0433 Studio 8 (D) 2012.02 - MJ\Staff Report
2012 02-21.docx
Community Development Board – February 21, 2012
FLD2011-12043 – Page 7 of 7
EXHIBIT: STAFF REPORT FLD2011-11041 2012-02-21
CDB Meeting Date: February 21, 2012
Case Number: FLD2011-11041
Agenda Item: D. 2.
Owner: 18401 US Highway 19 N, LLC
Applicant: Absolute Security, Inc.
Address: 18401 US Highway 19 North
CITY OF CLEARWATER
PLANNING AND DEVELOPMENT DEPARTMENT
STAFF REPORT
GENERAL INFORMATION:
REQUEST: Flexible Development application to permit an office use in the
Commercial (C) District with a lot area of 16,759 square feet, a lot width
of 148 feet, a front (south) setback of zero feet (to existing pavement)
and 14.8 feet (to existing building), a side (west) setback of zero feet (to
existing pavement) and 7.18 feet (to existing building), a side (east)
setback of zero feet (to existing pavement) and 46.39 feet (to existing
building), and a rear (north) setback of zero feet (to existing pavement)
and 14.83 feet (to existing building), a building height of 41 feet (to top
of flat roof), and 2 parking spaces as a Comprehensive Infill
Redevelopment Project, under the provisions of Section 2-704.C.,
Community Development Code, and a reduction to the south perimeter
buffer from 10 feet to zero feet, a reduction to the required west
perimeter buffer from 5 feet to zero feet, a reduction to the east
perimeter buffer from 5 feet to zero feet, a reduction to the north
perimeter buffer from 5 feet to zero feet, a reduction to the foundation
planting from 5 feet to zero feet on the south facade, a reduction to the
interior landscaping from 10 percent to 7.7 percent as a Comprehensive
Landscape Program, under the provisions of Section 3-1202.G.,
Community Development Code.
ZONING DISTRICT: Commercial (C)
FUTURE LAND USE
PLAN CATEGORY:Commercial General (CG)
PROPERTY USE: Current: Vacant
Proposed: Office use
EXISTING North: Commercial (C) District Vacant land/parking lot
SURROUNDING South: Commercial (C) District Office Use
ZONING AND USES:
East: Commercial (C) District Parking lot
West: Commercial (C) District Restaurant (vacant)
Community Development Board – February 21, 2012
FLD2011-11041- Page 1
EXHIBIT: STAFF REPORT FLD2011-11041 2012-02-21
ANALYSIS:
Site Location and Existing Conditions:
The 0.384 acre subject property is located 436 feet east of the intersection of Belleair Road and
US Highway 19 N. On-site is an existing two-story, 11,556 square-foot office building with 13
off-street parking spaces. This building has existed for several years and has been used for
various uses such as a bank, a consultant firm, and a communications company. Nevertheless,
the building has been vacant for more than six consecutive months and due to existing non-
conforming setbacks to pavement the application has been processed as a Comprehensive
Redevelopment Infill Project to reestablish the office use within the building.
The property is an outparcel to the former Levitz Plaza (subsequently known as Grant Plaza),
which was demolished a few years ago. Access is afforded to both Belleair Road and US
Highway 19 North through a cross access easement which blankets the entire shopping center
parcel and three adjoining outparcels. This easement also includes a shared parking agreement
amongst the parcels. Land uses within the surrounding area consist of three restaurants (New
York, New York, Starbucks and a former Sam Seltzer’s Steakhouse) and one retail sales and
services use (Verizon). Overall, there are 385 parking spaces available to be shared.
To the south, directly across Belleair Road is the Harbourside office building. Located to the
north and west are commercial properties that consist of restaurants and retails and service uses.
To the east is a parking lot. Further to the east is the Grand Bellagio residential subdivision.
Development Proposal:
On December 1, 2011, an application was submitted to establish an office use (Absolute
Security, Inc.) in the existing two-story 11,556 square-foot office building. There are no
proposed changes to the existing building; however the parking lot will be reconfigured to
provide code compliant drive aisles, parking stalls and a dumpster enclosure.
The reconfiguration of the parking lot will reduce the number of off-street parking spaces from
13 to two spaces. These parking spaces will be ADA compliant handicap accessible parking
spaces. Other site improvements include the expansion of an existing interior island to allow for
a handicap accessible pathway from the building to Belleair Road, the addition of two interior
landscape islands and a dumpster enclosure. The applicant intends to use this opportunity to add
and replace existing landscaping with Florida Grade #1 material or better.
As previously noted, the subject property is a part of an ingress/egress and parking easement
with the adjoining parcels which allows real property owners the right to relocate walkways,
driveways, and parking areas within the easement area, from time to time; provided, however,
that no building, other structure, or barrier of any kind shall be located on any parcel of real
property in a manner that will bar the free, reasonable, and convenient parking and passage of the
pedestrian and vehicular traffic. The proposed improvements to this site comply with the intent
of this easement.
The development proposal’s compliance with the various development standards of the
Community Development Code (CDC) is discussed below.
Floor Area Ratio: Pursuant to the Countywide Plan Rules and CDC Section 2-701.1, the
maximum allowable FAR is 0.55. The existing FAR is 0.69 and it will remain as is since there
are no proposed changes to the building. Although the FAR for this building is above the
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EXHIBIT: STAFF REPORT FLD2011-11041 2012-02-21
maximum allowable ratio, it was built on a small outparcel that when constructed was considered
to be a part of the former shopping center parcel which has a land area of approximately 19.07
acres. The proposed reuse of the existing building will not exacerbate the nonconformity.
Impervious Surface Ratio (ISR): Pursuant to the Countywide Plan Rules and CDC Section 2-
701.1, the maximum allowable ISR is 0.90. The existing ISR is 0.95. Although the ISR for this
site is above the maximum allowable ratio, it was included in the overall ISR of former shopping
center parcel; yet, after construction of the proposed improvements, the ISR will be 0.92, which
while still nonconforming, will reduce the existing nonconformity.
Minimum Lot Area and Width: Pursuant to CDC Table 2-704, there is no minimum required lot
area or lot width for a Comprehensive Infill Redevelopment Project. However, for a point of
comparison, the minimum lot area requirement for an office use is 10,000 square feet. The
subject property has a lot area of 16,759 square feet which exceeds the Code provision. The
minimum lot width requirement for an office use is 100 feet. The width of the subject property is
148 feet along Belleair Road which exceeds the Code provision.
Minimum Setbacks: Pursuant to CDC Table 2-704, there are no minimum setback requirements
for a Comprehensive Infill Redevelopment Project. However, for a point of comparison, the
minimum front setback requirement for an office use can range between 15 to 25 feet, side
setback can range between zero to 10 feet, and rear setbacks can range between 10 to 20 feet.
With regard to setbacks, no changes are proposed to the site that would affect the existing
setbacks to any structure. For this reason, flexibility has been requested with regard to each
setback which includes a front (south) setback of zero feet (to existing pavement) and 14.8 feet
(to existing building), a side (west) setback of zero feet (to existing pavement) and 7.18 feet (to
existing building), a side (east) setback of zero feet (to existing pavement) and 46.39 feet (to
existing building), and a rear (north) setback of zero feet (to existing pavement) and 14.83 feet
(to existing building). The setbacks to existing structures are acceptable to Staff.
Maximum Building Height: Pursuant to CDC Table 2-704, there is no maximum allowable
height for a Comprehensive Infill Redevelopment Project. However, for a point of comparison,
the maximum building height for an office use can range between 25 and 50 feet. The existing
building height is 41 feet (to top of flat roof). The proposed building height is within the range
set forth by Code provisions.
Minimum Off-Street Parking: Pursuant to CDC Table 2-704, the minimum required parking for a
Comprehensive Infill Redevelopment Project is determined by the Community Development
Coordinator based on the specific use and/or ITE Manual standards. The off-street parking
requirement for an office use is between 3 and 4 spaces per 1,000 square feet of gross floor area,
which for an 11,556 square-foot building would result in a requirement between 33 and 46
spaces. After proposed parking lot improvements permitted by the easement, there will be two
off-street parking spaces remaining on site. These spaces will be ADA compliant parking stalls
with aisle and ramps. Further loss of existing parking spaces are the result of the parking lot
being brought into compliance with the parking lot standards for parking stall and drive aisle
width set forth in CDC Section 3-1402.A. Currently there are 13 parking spaces on site and
when these parking spaces are augmented to standards, four parking spaces are lost leaving only
9 spaces. However, the increase in area of each parking space leaves portions of these 9 spaces
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EXHIBIT: STAFF REPORT FLD2011-11041 2012-02-21
off-site thereby discounting them from the required number of parking spaces. The addition of
the required dumpster enclosure has no consequence on the number of parking spaces on site.
Nevertheless, no additional off-street parking spaces are proposed nor can any additional parking
spaces be added given the proposed modifications to bring the parking lot into compliance with
Code standards.
Additionally, a 20 foot right-of-way easement covers the proposed parking spaces on the subject
property along Belleair Road. CDC Section 3-1402.E states that off-street parking spaces within
a right-of-way easement shall not be counted towards the required number of off-street parking
spaces. The applicant has been made aware of this code provision. For this reason, Staff
recommended that the applicant seek to have this right-of-way easement vacated to utilize the
parking spaces. It has been found that the City of Clearwater holds the right-of-way easement.
The City has offered to vacate the portion of the easement from the north side of the sidewalk
along Belleair Road to its end on the subject parcel; thereby eliminating the easement on the
property. However, if the right-of-way easement cannot be vacated then the applicant shall be
required to again modify the parking lot to provide ADA compliant parking spaces that have
access to the building. The applicant understands that this shall be a condition of approval. It is
also attached as conditions of approval that wheel stops are provided at the east end of each
proposed parking space the length of the east property line, and that one 12 foot x 35 foot
loading space be located along the north side of the building as near as possible to the entrance.
To determine if adequate parking will be available for the office use as proposed, Staff required
the applicant to provide the number of existing parking spaces within the easement area. The
applicant’s representative submitted information based on their field observations that 385
parking spaces are available for shared use. Based on the fact that the easement runs perpetually
with the land and not with the land uses, and taking into account surrounding land uses and each
uses parking needs, it has been determined that the balance of required off-street parking spaces
has been met. If the right-of-way easement is vacated, Staff believes that adequate parking is
available for the proposed use.
Landscaping: Pursuant to CDC Section 3-1202.D.1, this site is required a 10 foot wide landscape
buffer along Belleair Road and five-foot landscape buffers along the rear and side property lines.
The request is for flexibility for a reduction to the south perimeter buffer from 10 feet to zero
feet, a reduction to the required west perimeter buffer from 5 feet to zero feet, a reduction to the
east perimeter buffer from 5 feet to zero feet, and a reduction to the north perimeter buffer from
5 feet to zero feet. Due to the existing site conditions and necessary improvements to the site,
front, side, and rear perimeter buffers cannot be provided without altering the parking lot
dimensions resulting in a reduction to the number of parking spaces and width of the drive aisles.
As previously noted, a right-of-way easement covers the proposed parking spaces on the subject
property along Belleair Road. If the right-of-way easement cannot be vacated, then in addition
to providing ADA compliant parking spaces that have access to the building, the applicant shall
be required to provide a 10 foot-wide landscape perimeter buffer along Belleair Road as set forth
in CDC Section 3-1202.D. The applicant also understands that this shall be a condition of
approval. As noted earlier, the City of Clearwater holds the right-of-way easement and it has
offered to vacate a portion of the easement from the north side of the sidewalk onto the subject
parcel. The vacation of this portion of the easement will preserve a mature landscape buffer
along Belleair Road that compliments the architectural style of the building.
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Pursuant to CDC Section 3-1202.E.1, 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. At
present 882 square-feet of green space is dedicated to interior landscaping which is 5.3 percent of
the total vehicular use area. One existing interior island will be increased in area and after the
reconfiguration of the parking lot, the remnant parking spaces will be converted into two
landscape islands. This added green space will increase the interior landscaping percentage from
5.3 percent to 7.7 percent and it will also reduce the Impervious Surface Ratio from 0.95 to 0.92;
thereby lessening the nonconformity.
Pursuant to CDC Section 3-1202.E.2, foundation plantings shall be provided for 100 percent of a
building façade with frontage along a street right-of-way. Based on the site design, no 5 foot-
wide foundation landscape area can be created along Belleair Road. Landscaped green space
does exist within the corner recesses of the building. Each corner consists of a tree, shrubs and
groundcover. The applicants propose to prune some existing trees and replace other trees with
accent trees (crape myrtles), shrubs and groundcover to mitigate for the deficiency in foundation
landscape standards. Due to the site constraints staff supports the requested reduction to
foundation landscape standard.
Comprehensive Landscape Program: Pursuant to CDC Section 3-1202.G., 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 N/A N/A
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: Currently there is no dumpster enclosure on the subject property. The Solid Waste
Department is requiring the applicant to provide a 2 yard dumpster (8’ x 10’) on site at the
northeast corner of the property; however in this location a portion of the dumpster pad extends
beyond the property line into the drive-aisle. Staff agrees that the dumpster be located at the
northeast corner; however, the entire dumpster pad and enclosure shall be situated completely on
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EXHIBIT: STAFF REPORT FLD2011-11041 2012-02-21
the property. Also, as set forth in CDC Section 3-201.D, the dumpster enclosure must be made
of materials which are consistent with those used in the architectural style of the principal
building. The revised location of the dumpster location 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. All existing and proposed landscaping within the site triangle will either be 30 inches
below grade or eight feet above grade.
Signage: The applicant is not proposing any signage concurrent with this development proposal,
however, any future signage must meet the requirements of the Code and be architecturally
integrated with the design of the building with regard to proportion, color, material, and finish as
part of a final sign package through a separate sign permit submitted to and approved by Staff.
Code Enforcement Analysis:
There are no active Code Enforcement cases for the subject
property.
COMPLIANCE WITH STANDARDS AND CRITERIA:
The following table depicts the consistency of the development proposal with the standards of
the Commercial General (CG) land use category and the Commercial (C) District as per CDC
Section 2-701.1 and Table 2-704:
Standard Proposed Consistent Inconsistent
FAR 0.55 0.69 X*
ISR 0.90 0.92 X*
Minimum Lot Area N/A 16,759 sq. ft. (0.38 acres) X
Minimum Lot Width N/A 148 feet X
Minimum Setbacks Front: N/A North: Zero feet (to pavement) X
14.83 feet (to building)
South: Zero feet (to pavement) X
14.8 feet (to building)
Side: N/A East: Zero feet (to pavement) X
46.39 feet (to building)
West: Zero feet (to pavement) X
7.18 feet (to building)
Maximum Height N/A 41 feet (to flat roof) X
Minimum 3-4 spaces per 1,000 SF GFA 2 parking spaces X*
Off-Street Parking (33-46 spaces)
*See Discussion
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COMPLIANCE WITH FLEXIBILITY CRITERIA:
The following table depicts the consistency of the development proposal with the Flexibility
criteria as per CDC Section 2-704.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.
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.
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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 January 5, 2012, 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.That the 0.384 acre property is located 436 feet east of the intersection of Belleair Road and
US Highway 19 N;
2.That the subject property is located within the Commercial (C) District and the Commercial
General (CG) Future Land Use Plan category;
3.That the site is currently improved with an 11,556 square foot office building;
4.That the application proposes to utilize the building as a office use;
5.That the subject property is presently non-conforming with respect to the existing building
and pavement not meeting the minimum required setbacks;
6.That the subject property is developed with a total of 13 off-street parking spaces, after
reconfiguration of the parking lot the site will have 2 off-street parking spaces which, as a
whole, is presently nonconforming with respect to the provision of off-street parking;
7.That a right-of-way easement along Belleair Road covers six off-street parking spaces that
cannot be counted towards meeting the off-street parking requirements;
8.That the subject property is a part of an ingress/egress and parking easement which
encompasses the entire 19.07 acre former shopping center;
9.That the parking easement consists of 385 off-street parking spaces which will cover the
balance of off-street parking spaces that cannot be provided on the subject property;
10.That no additional off-street parking is proposed as part of this application and the addition
of any further off-street parking would not be possible given the existing on-site
improvements;
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11.That the maximum allowable FAR for the Commercial General (CG) is 0.55. The existing
Floor Area Ratio is 0.69. There are no proposed changes to the building; yet, when this
building was constructed it considered to be a part of the former shopping center which has a
land area of approximately 19.07 acres.
12.That the maximum allowable ISR for the Commercial General (CG) is 0.90. The existing
ISR is 0.94 and, after construction of the proposed improvements, the ISR will be 0.92,
which while still nonconforming, will reduce the existing nonconformity; and
13.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 Standards as per Section 2-701.1 and
Table 2-704, Community Development Code;
2.That the development proposal is consistent with the Flexibility criteria as per Section 2-
704.C., Community Development Code;
3.That the development proposal is consistent with the General Standards for Level Two
Approvals as per Section 3-914.A., Community Development Code; and
4.The proposal is consistent with the criteria of the Comprehensive Landscape Program as per
Section 3-1202.G., Community Development Code.
APPROVAL
Based upon the above, the Planning and Development Department recommends of
the Flexible Development application to permit an office use in the Commercial (C) District with
a lot area of 16,759 square feet, a lot width of 148 feet, a front (south) setback of zero feet (to
existing pavement) and 14.8 feet (to existing building), a side (west) setback of zero feet (to
existing pavement) and 7.18 feet (to existing building), a side (east) setback of zero feet (to
existing pavement) and 46.39 feet (to existing building), and a rear (north) setback of zero feet
(to existing pavement) and 14.83 feet (to existing building), a building height of 41 feet (to top of
flat roof), and 2 parking spaces as a Comprehensive Infill Redevelopment Project, under
provisions of Section 2-704.C., Community Development Code, and a reduction to the south
perimeter buffer from 10 feet to zero feet, a reduction to the required west perimeter buffer from
5 feet to zero feet, a reduction to the east perimeter buffer from 5 feet to zero feet, a reduction to
the north perimeter buffer from 5 feet to zero feet, a reduction to the foundation planting from 5
feet to zero feet on the south facade, a reduction to the Vehicular Use Area interior landscaping
from 10 percent to 7.7 percent as a Comprehensive Landscape Program, under the provisions of
Section 3-1202.G., Community Development Code, subject to the following conditions:
Conditions of Approval:
1.That prior to the issuance of any building permit, the applicant shall provide documentation
that the City of Clearwater right-of-way easement or portion thereof on the subject property
has been vacated, or if the easement has not been vacated, then the applicant must provide a
10-foot wide perimeter landscape buffer along Belleair Road as per CDC Section 3-1202.D.,
as well as ADA compliant parking spaces that have access to the building as per CDC
Section 3-1409;
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2.That a building permit be obtained for the parking lot, dumpster enclosure and landscaping
improvements;
3.That the dumpster enclosure shall be located completely on the subject property out of the
drive-aisle;
4.That the dumpster enclosure shall be constructed of materials which are consistent with
those used in the architectural style of the principal building as set forth in CDC Section 3-
201.D;
5.That wheel stops shall be provided within each parking space that extends across the east
property line;
6.That one 12-foot x 35-foot loading space shall be located along the north side of the building
as near as possible to the entrance as per CDC Section 3-1406.A.;
7.That any future signage must meet the requirements of Code and be architecturally integrated
with the design of the building with regard to proportion, color, material and finish as part of
a final sign package submitted to and approved by Staff;
8.Prior to the issuance of building permits, the Fire Department may require the provision of a
Water Study performed by a Fire Protection Engineer in order to ensure that adequate water
supply is available and to determine is any upgrades are required by the developer due to the
impact of the project. The water supply must be able to support the needs of any required
fire sprinkler, standpipe, and/or fire pump. If a fire pump is required, then the water supply
must be able to supply 150% of its rated capacity; and
9.That prior to the issuance of a Certificate of Completion, all of the site improvements shall be
installed and completed as approved by the Community Development Board.
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
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