06/19/2012 MEETING MINUTES
COMMUNITY DEVELOPMENT BOARD
CITY OF CLEARWATER
June 19, 2012
Present: Chair Nicholas C. Fritsch, 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: Member Kurt B. Hinrichs
Also Present: Attorney for the Board Gina Grimes, Assistant City Attorney Leslie
Dougall-Sides, Planning & Development Director Michael L. Delk, Planning &
Development Assistant Director Gina Clayton, Planning 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.
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: May 15, 2011
Member Coates moved to approve the minutes of the regular Community Development
Board meeting of May 15, 2012, as recorded and submitted in written summation to
each board member. The motion was duly seconded and carried unanimously.
D. DIRTECTOR ITEM (Item 1)
1. Expert Witness List Addition
Member Dame moved to accept Mark Parry, Kevin Salzer, and Matthew
Anderson as expert witnesses and to include them in the City's Expert Witness Roster.
The motion was duly seconded and carried unanimously.
E. REQUEST FOR CONTINUANCE (Item 1) (Continue to July 17, 2012)
1. Case: FLD2012-04009/ PLT2012-04001 - 2881 Gulf to Bay Boulevard
Level Two Application Owner: Goodkids Village Inc.
Agent: Robert Pierro, Avid Group (2300 Curlew Road, Suite 201, Palm Harbor,
FL 34683; phone: 727-789-9500; fax: 727-784-76662; email:
bob.pierroavidgroup.com)
Location: 0.83 acre located on the south side of Gulf to Bay Boulevard,
approximately 215 feet west of Thornton Road
Community Development 6/19/2012 1
approximately 215 feet west of Thornton Road
Atlas Page: 300B
Existing Zoning: Commercial (C) District
Request: (1) Termination of Status of Nonconformity for setbacks (seven feet for
a front (north) setback (to existing parking) where a minimum of 15 feet is
required, six feet for a side (east) setback (to existing parking) where a minimum
of 10 feet is required and six feet for a side (west) setback (to existing pavement)
where a minimum of 10 feet would be required under current Code), and loading
space (where one loading space would be required under current Code) under
the provisions of Community Development Code (CDC) Section 6-109; (2) a
reduction to the front (north) perimeter landscape buffer from 15 feet to five feet
and a reduction to number of required shade trees in the perimeter landscape
buffers from 13 to eight, as part of a Comprehensive Landscape Program under
the provisions of CDC Section 3-1202.G.; and (3) Preliminary Plat approval for a
2-lot subdivision for retail sales and services.
Proposed Use: Retail Sales and Services
Neighborhood Associations: Clearwater Neighborhoods Coalition
Presenter: Matthew Jackson, Planner II
Member Coates moved to continue Cases FLD2012-04009/ PLT2012-04001 to July 17,
2012. The motion was duly seconded and carried unanimously.
F. CONSENT AGENDA: The following case is not contested by the applicant,
staff, neighboring property owners, etc. and will be approved by a single
vote at the beginning of the meeting (Item 1):
1. Case: TA2012-05006 - Amendments to the Community Development Code
Level Three Application Applicant: City of Clearwater
Request: Revisions to the Community Development Code providing for outdoor
cafés within certain areas of Beach Walk; amending location and design criteria;
authorizing service of alcoholic beverages in outdoor cafés under certain
circumstances; amending revocation criteria.
Neighborhood Association: Clearwater Neighborhoods Coalition, Clearwater
Beach Association
Presenter: Mark T. Parry, Planner III
See Exhibit: Staff Report: TA2012-05006 2012-06-19
In response to questions, Planning & Development Director Michael Delk said Britt’s
outdoor café extends farther north than would be allowed but uses the full sidewalk
width permitted by this amendment. Planner III Mark Parry said this change would add
to the zoning code the permitted sales of alcoholic beverages indoors and outdoors.
Community Development 6/19/2012 2
Member Coates moved to recommend approval of Case TA2012-05006 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.
G. LEVEL TWO APPLICATIONS (Item 1):
1. Case: FLD2012-03008 - 443 East Shore Drive Level Two Application
Owner/ Applicant: Louis Development LLC
Agent: Housh Ghovaee, CEO and Renee Ruggiero, Senior Project Planner,
Northside Engineering Services (300 S. Belcher Road, Clearwater, FL 33765
Phone: 727-443-2869; Fax: 727-446-8036; email:
renee@northsideengineering.net)
Location: 1.26 acres located at the northeast corner of East Shore Drive and
Papaya Street
Atlas Page: 267A
Existing Zoning: Tourist (T) District
Request: Flexible Development approval to permit 1) a 134-unit Overnight
Accommodation use (through an increase of the permitted density by the
allocation of 71 overnight accommodation units from the Hotel Density Reserve
created pursuant to Beach by Design) and 6,500 square-feet of restaurant use in
the Tourist (T) District with a lot area of 43,415 square-feet (0.99 acres), a lot
width of 315 feet along East Shore Drive and 137.72 feet along Papaya Street, a
front (west along East Shore Drive ) setback of zero feet (to building), a front
(south along Papaya Street) setback of 21.1 feet (to building) and three feet to
wood patio, a side (north) setback of 19 feet (to building), a side (east) setback
of 11.4 feet (to building), a building height of 84.2 feet (to midpoint of pitched
roof) and 193 parking spaces and 2) an accessory off-street parking lot in the T
District with a lot area of 11,514 square-feet (0.26 acres), lot widths of 100.4 feet
along East Shore Drive and Poinsettia Street, a front (east along East Shore
Drive) setback of 8.4 feet (to pavement), a front (west along Poinsettia Street)
setback of five feet (to pavement), a front (north) setback of five feet (to
pavement), a side (south) setback of five feet (to pavement) and 24 parking
spaces and a two year development order as a Comprehensive Infill
Redevelopment Project, under the provisions of Community Development Code
Section 2-803.C.
Proposed Use: Overnight Accommodations
Neighborhood Associations: Clearwater Neighborhood Coalition, Clearwater
Beach Association
Presenter: Matt Jackson, Planner II
See Exhibits: Staff Report: FLD2012-03008 2012-06-19
Revised Conditions of Approval FLD2012-03008 2012-06-19
Community Development 6/19/2012 3
Michael Foley requested Party Status as representative for the East Shore Motel.
Member Carlough moved to grant Michael Foley Party Status as representative for the
East Shore Motel. The motion was duly seconded and carried unanimously.
William Day requested Party Status.
Member Adelson moved to grant William Day Party Status. The motion was duly
seconded and carried unanimously.
Robert Morton requested Party Status.
Member Coates moved to grant Robert Morton Party Status. The motion was duly
seconded and carried unanimously.
Linda Morton requested Party Status.
Acting Member van Weezel moved to grant Linda Morton Party Status. The motion was
duly seconded and carried unanimously.
Paul Forlini requested Party Status.
Member Dame moved to grant Paul Forlini Party Status. The motion was duly
seconded and carried unanimously.
Member Dame moved to accept Matthew Jackson as an expert witness in the fields of
zoning, site plan analysis, planning in general, and landscape ordinance. The motion
was duly seconded and carried unanimously.
Planner II Matt Jackson reviewed the staff report and revised conditions of approval.
Access to the boardwalk will be off Papaya or through the building and restaurant; the
north side of the project will have fire access only.
Ken Reynolds, representative for the applicant, reviewed the project, stating it meets or
exceeds 28 criteria. Representative Renee Ruggiero said Beach by Design encourages
this use of the harbor front. She said the property will feature a national flagship,
enhance the beach, and increase property values, noting the surrounding area has had
few recent improvements. She said parking will exceed requirements, with spaces
designated for marina use. She said the project will contribute to the area’s economic
base and create jobs.
Party Status Holder Michael Foley distributed an overview of the project, including site
aerials and maps, provisions for the Beach by Design Marina District, Code, the
Community Development 6/19/2012 4
application, staff report, and development agreement. He said the proposal is not in
harmony with surrounding small parking lots, restaurants, mom and pop motels and
town homes, which are all less than 30 feet in height. He said Beach by Design views
the Marina District as a neighborhood, indicates that development opportunities are
limited, and does not contemplate use of a density pool. He said a 90-foot hotel with
more than 130 rooms is not in harmony with the community character and is not best for
the beach. He opposed the proposed density and scale and requested denial of the
request.
Party Status Holder William Day provided a video of his East Shore motel property that
showed nearby buildings and his property’s green space and open space. He said he
supports area improvements but not a 138-unit development. He said use of the
density pool is not appropriate as the area is not a tourist destination.
Member Carlough moved to grant speakers two additional minutes. The motion was
duly seconded and carried unanimously.
Mr. Day said he wanted the neighborhood cleaned up but opposed this project, which is
not in harmony with surrounding uses.
Party Status Holder Robert Morton expressed concern regarding separation between
him and the development’s parking lot that is proposed to abut his property. He
requested a wall be constructed so that hotel guests cannot access his property.
Party Status Holder Linda Morton said the large size of the building will obstruct water
views and is not in keeping with this real neighborhood, where long-time residents live
across the street. She did not think the proposed boardwalk will be functional as people
will not be able to walk beyond the subject property.
Party Status Holder Paul Forlini said he would support development of a smaller resort
and expressed concern the area is too small and roads too narrow to handle delivery
trucks. He opposed the request as the scale is too large.
Party Status Holder Michael Foley recommended the height be reduced. He opposed
the proposed scope and density of the project.
Party Status Holder William Day said he wants to see the subject property redeveloped
but felt this project does not make sense.
Mr. Reynolds said many neighborhoods feature tall buildings. He said Beach by Design
identifies the Marina District as a destination neighborhood and includes incentives for
increased building height to realize the plan’s vision. He said the application meets
Beach by Design requirements. He said no evidence indicates the project would impair
nearby property values.
Community Development 6/19/2012 5
In response to questions, Mr. Jackson said staff has not seen the property’s contract
with a flagship. He reviewed Beach by Design guidelines, noting this project represents
a preferred use for this tourist district. Beach by Design provides height incentives for
developments that aggregate small properties and construct a boardwalk. As
development progresses to the south, additional boardwalk will be constructed. The
parking lot will have a five-foot landscape buffer; to reduce crime, staff opposes a wall
or opaque fencing in this location. The proposal meets City traffic and delivery
requirements. Professional Engineer Jennifer Shannon reviewed the East Shore
stormwater project that will occur after construction of the proposed development and
will repave the road.
In response to a recommendation that public access to the north end of the boardwalk
be provided, Mr. Jackson said the property owner to the north and his representative
opposed public access to the landscaped area between the properties. It was felt that a
public boardwalk with limited access was troubling. Ms. Ruggiero said the developer
was willing to provide an easement along the property’s northern edge. Support was
expressed for extending public access from the boardwalk to the street on the
development’s northern edge. Mr. Jackson said staff would work with the developer.
In response to a question, Party Status Holder Day said he opposed public use of an
easement between his property and the development due to the large size of the
project.
Ms. Ruggiero said the shell path for firefighters planned along the northern edge of the
subject property could be upgraded to a pedestrian pathway but expressed concern
regarding liability issues. Mr. Reynolds said the developer would prefer to dedicate the
land from the boardwalk to the street to the City rather than providing an easement. Mr.
Delk said the City is not ready to accept a dedication. It was recommended the City and
developer negotiate use of that portion of the subject property for public access.
Discussion ensued with comments that while the height of the building may not comply
with current uses, this development reflects the City’s intent to redevelop the Marina
District. It was noted the era of mom and pop motels is over and the developer had
consolidated properties as envisioned by Beach by Design.
In response to a question, Assistant Planning & Development Director Gina Clayton
said Beach by Design had designated this location as the heart of the area with
restaurants, retail, and overnight accommodations as preferred uses. The permitted
height is based on lot size and property consolidation.
Member Coates moved to approve Case FLD2012-03008 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
Community Development 6/19/2012 6
with revised conditions of approval as provided, with new Condition 27 to read that the
applicant agreed to provide proper pedestrian access on the north side of the property
from the boardwalk to East Shore Drive. The motion was duly seconded and carried
unanimously.
The Community Development Board recessed from 2:46 to 2:52 p.m.
H. LEVEL THREE APPLICATIONS (Item 1):
1. Case: DVA2012-03001 - 443 East Shore Drive (Related to FLD2012-03008)
Level Three Application
Owner/ Applicant: Louis Development LLC
Agent: Housh Ghovaee and Renee Ruggiero, Northside Engineering Services
(300 S. Belcher Road, Clearwater, FL 33765 Phone: 727-443-2869; Fax: 727-
446-8036; email: renee@northsideengineering.net)
Location: 1.26 acres located at the northeast corner of East Shore Drive and
Papaya Street
Atlas Page: 267A
Existing Zoning: Tourist (T) District
Request: Review of, and recommendation to the City Council, of a Development
Agreement between Louis Development LLC (the property owner) and the City
of Clearwater as per Community Development Code Section 4-606.
Proposed Use: Overnight accommodations use of a total of 134 rooms (106.26
rooms/acre on total site) and a maximum of 6,500 square-feet (0.11 FAR on total
site) of amenities accessory to the hotel at a height of 84.2 feet (to midpoint of
roof).
Neighborhood Associations: Clearwater Neighborhood Coalition, Clearwater
Beach Association
Presenter: Matt Jackson, Planner II
Assistant City Attorney Leslie Dougall-Sides reported the public hearing for Case
DVA2012-03001 is scheduled for July 19, 2012 at 6:00 p.m.
See Exhibit: Staff Report: DVA2012-03001 2012-06-19
Michael Foley, representing the East Shore Motel, objected to the intense use of the
property, stating it is inconsistent with the Code, and recommended the project’s size be
reduced.
Member Coates moved to recommend approval of Case DVA2012-03001 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 that proper pedestrian access is to be provided on the north side of the
Community Development 6/19/2012 7
property from the boardwalk to East Shore Drive. The motion was duly seconded and
carried unanimously.
I. ADJOURNMENT
The meeting adjourned at 2:58 p.m. `S
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Attest Community Development Board
City of 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 June 19,2012
DATE: June14,2012
CDB packets being distributed contain the following
Site investigation form
Unapproved minutes of previous meeting May 15,2012
Agenda
Request for Continuance to the July 17, 2012 meeting (Items 1)
1. Case: FLD2012-04009/PLT2012-0 001 —2881 Gulf to Bay Boulevard
(Memorandum)
Yes No
Level Two Applications (Items 1)
1. Case. LD2012-03008—443 East Shore Drive
Yes No
Level Three Applications (Items 1-2)
1. Case:TA2012-01006—Amendments to the Community Development Code
Yes No
S.\Planning Department\C D BlAgendas DRC&CDBICDBI2012106 June 19,201211 Cover MEMO 2012.doc
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2. Case: UA2O12-03001 —443 East Shore Drive (Related to FLD2O12-03008)
Yes No
I have conduc a ers I al roves 'at': • on the personal site visit to the following properties.
Signatuke: , All A__ Date:
PRIN 'AME
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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 June 19,2012
DATE: June14,2012
CDB packets being distributed contain the following
Site investigation form
Unapproved minutes of previous meeting May 15,2012
Agenda
Request for Continuance to the July 17,2012 meeting (Items 1)
1. Case:FLD2012-04009/PLT2012-04001 —2881 Gulf to Bay Boulevard
(Memorandum)
Yes No k
Level Two Applications (Items 1)
1. Case:FLD2012-03008—443 East Shore Drive
Yes No
Level Three Applications (Items 1-2)
1. Case: TA2012-01006—Amendments to th Community Development Code
Yes No X
S.(Planning Department\C D BlAgendas DRC&CDBICDBI2012106 June 19,201211 Cover MEMO 2012.doc
2. Case: DVA2012-03001 —443 East Shore Drive (Related to FLD2012-03008)
Yes No
I have conducted a • -...vh.,; ation on the personal site visit to the following properties.
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Signature: /� Date: ��
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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 June 19,2012
DATE: June14,2012
CDB packets being distributed contain the following
Site investigation form
Unapproved minutes of previous meeting May 15,2012
Agenda
Request for Continuance to the July 17, 2012 meeting (Items 1)
1. Case: FLD2012-04009/PLT2012-04001 —2881 Gulf to Bay Boulevard
(Memorandum)
Yes x No
Level Two Applications (Items 1)
1. Case: FLD20-12-03008—443 East Shore Drive
Yes x No
Level Three Applications (Items 1-2)
1. Case: TA2012-01006—Amendments to the Community Development Code
Yes )C No
S:\Planning Department\C D BlAgendas DRC&CDBICDBI2012106 June 19,201211 Cover MEMO 2012.doc
AP
2. Case: DVA2012-03001 —443 East Shore Drive (Related to FLD2O12-03008)
Yes K No
I have conducted a ersonal investigation on the personal site visit to the following properties.
Signature: Date: 6/(02/1
PRINT NAME
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Interdepartmental Correspondence Sheet
TO: Community Development Board Members
FROM: Robert Tefft,Development Review Manager
COPIES: Leslie Dougall-Sides, Assistant City Attorney; Susan Chase, Documents and
Records Specialist,/Pat Sullivan,Board Reporter
SUBJECT: Agenda Items for June 19,2012
DATE: June 14,2012
CDB packets being distributed contain the following
Site investigation form
Unapproved minutes of previous meeting May 15,2012
Agenda
Request for Continuance to the July 17, 2012 meeting (Items 1)
1. Case: FLD2012-04009/PLT2012-04001 —2881 Gulf to Bay Boulevard
(Memorandum)
Yes No
Level Two Applications (Items 1)
1. Case: FLD2012-03008—443 East Shore Drive
Yes >e No
Level Three Applications (Items 1-2)
1. Case: TA2012-01006—Amendments to the Community Development Code
Yes No
2.`i�4�i.x1
41-em,
S.\Planning Department\C D BlAgendas DRC&CDBICDBI20/2106 June 19,201211 Cover MEMO 2012.doc
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2. Case: DVA2012-03001 —443 East Shore Drive (Related to FLD2O12-03008)
Yes >( No
I have conducted a #nal 'v vestiv •• on the personal site visit to the following properties.
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Signature: Date: 6 �`g/i Z
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PRINT NAME
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Interdepartmental Correspondence Sheet
TO: Community Development Board Members
FROM: Robert Tefft,Development Review Manager
COPIES: Leslie Dougall-Sides, Assistant City Attorney; Susan Chase, Documents and
Records Specialist,/Pat Sullivan,Board Reporter
SUBJECT: Agenda Items for June 19,2012
DATE: June14,2012
CDB packets being distributed contain the following
Site investigation form
Unapproved minutes of previous meeting May 15,2012
Agenda
Request for Continuance to the July 17,2012 meeting(Items 1)
1. Case: FLD2012-04009/PLT2012-04001 —2881 Gulf to Bay Boulevard
(Memorandum)
Yes No
A,
Level Two Applications (Items 1)
1. Case:FLD2012-03008—443 East Shore Drive
Yes No ,"-..
Level Three Applications (Items 1-2)
1. Case: TA2012-01006—Amendments to the Community Development Code
Yes No )(
S.\Planning Department\C D BlAgendas DRC&CDBICDBI2012106 June 19,201211 Cover MEMO 2012.doc
2. Case: DVA2012-03001 —443 East Shore Drive (Related to FLD2012-03008)
Yes X No
I have conducted a personal investigation on the personal site visit to the following properties.
Signature: Date: (OAge//.Z._
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PRINT NAME
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Interdepartmental Correspondence Sheet
TO: Community Development Board Members
FROM: Robert Tefft,Development Review Manager
COPIES: Leslie Dougall-Sides, Assistant City Attorney; Susan Chase, Documents and
Records Specialist,/Pat Sullivan, Board Reporter
SUBJECT: Agenda Items for June 19,2012
DATE: June14,2012
CDB packets being distributed contain the following
Site investigation form
Unapproved minutes of previous meeting May 15,2012
Agenda
Request for Continuance to the July 17,2012 meeting(Items 1)
1. Case: FLD2012-04009/PLT2012-04001 —2881 Gulf to Bay Boulevard
(Memorandum) /
Yes No V
Level Two Applications (Items 1)
1. Case: FLD2012-03008—443 East Shore Drive
Yes V No
Level Three Applications (Items 1-2)
1. Case:TA2012-01006—Amendments to the Community Development Code
Yes No a
S:(Planning Department\C D BlAgendas DRC&CDBICDB12012106 June 19,201211 Cover MEMO 2012.doc
2. Case: DVA2012-03001 —443 East Shore Drive (Related to FLD2O12-03008)
Yes No
I have conducted a •ersonal investi!atio on th• •ersonal site visit to the following properties.
Signature: / :�.ice /`t Date: CI /1� 1?
PRINT NAME
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S:IPlanntng Department\C D BlAgendas DRC&CDBICDBI2012106 June 19,201211 Cover MEMO 2012.doc
EXHIBIT: MEMORANDUM FLD2012-04009 2012-06-19
MEMORANDUM
TO:
Community Development Board
FROM:
Matt Jackson, Planner II
RE:
Request for Continuance to the July 17, 2012 meeting
DATE:
June 12, 2012
The Planning and Development Department requests a continuance of cases FLD2012-04009/
th
PLT2012-04001 to the July17 meeting.
EXHIBIT: STAFF REPORT TA2012-05006 2012-06-19
CDB Meeting Date: June 19, 2012
Case Number: TA2012-05006
Ordinance Number: 8331-12
Agenda Item: E-1
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
TEXT AMENDMENT
REQUEST: Amendments to the Community Development Code and the Code of
Ordinances – Ordinance No. 8331-12
INITIATED BY: City of Clearwater Planning Department
BACKGROUND:
The Community Development Code currently addresses sidewalk cafés located within public
right(s)-of-way specifically as they apply to properties within the Clearwater Downtown
Redevelopment Plan area and the Tourist District on Clearwater Beach. City Staff has been
made aware that a number of properties used as restaurants within the Tourist District on
Clearwater Beach along Beach Walk are oriented with their primary facades opening onto public
rights-of-way located within the Open Space/Recreation District. With the completion of Beach
Walk a number of requests have been made for the provision of outdoor cafés on Beach Walk.
These outdoor cafés would necessarily be located within the Open Space/Recreation District.
Outdoor cafés and the serving of alcohol are currently not permitted within the Open
Space/Recreation District. To address this the Planning Department proposes revisions to
Section 3-909.
ANALYSIS:
The proposed amendments to the Community Development Code provide for a definitive area on
Clearwater Beach within Beach Walk and within the Open Space/Recreation District in which
outdoor cafés may be located, establish additional location and design requirements for outdoor
cafés, provide the ability to serve alcohol at any legally permitted outdoor café and expand the
ability of the City to revoke the permit for any outdoor café. The review process to permit
outdoor cafés is not affected or modified by these amendments.
The current outdoor café provisions clearly envision outdoor cafés being located within rights-
of-way on Clearwater Beach. However, the fact that one of the prime tourist areas, Beach Walk,
exists within the Open Space/Recreation District was not adequately understood nor was the
ramifications as affecting the location of outdoor cafés. Staff has also taken notice that the
serving of alcoholic beverages is not specifically permitted within the public right-of-way. It is
Community Development Board – June 19, 2012
TA2012-05006 – Page 1
EXHIBIT: STAFF REPORT TA2012-05006 2012-06-19
generally agreed that the serving alcohol as part of the operations of an outdoor café is usual and
customary.
Permitting outdoor cafés and the serving of alcohol with specific design and locational
requirements as proposed by the submitted amendments will add to and support the active and
vibrant street life already well-established along Beach Walk and being established within the
Clearwater Downtown Redevelopment Plan Area. Outdoor cafés are specified in Beach by
Design as one of the catalysts which can contribute to the success of Beach Walk. Specifically,
in Section V. Catalytic Projects, subsection C. Beach Walk: The New South Gulfview Drive
outdoor cafés are envisioned along the east side of “the new South Gulfview” (Beach Walk).
The proposed amendments bring this vision to fruition further cementing Clearwater Beach as a
world-class resort destination. In addition, Section VII Design Guidelines maintains that outdoor
cafés are one of the contributing features essential to an active and pedestrian-friendly place in
the nonresidential environment. The Design Guidelines provide general direction with regard to
the placement of outdoor cafés and these amendments support the Guidelines and provide
additional supporting requirements which further define the locational criteria. Likewise,
outdoor cafés are also supported by The Clearwater Downtown Redevelopment Plan and the
Design Guidelines contained therein.
Proposed changes to requirements for outdoor cafes located within public right(s)-of-way
include:
Delineating the specific area within Beach Walk (page two of the proposed Ordinance)
where outdoor cafés are permitted;
A provision specifying dimensions and locations for outdoor cafés within public rights-
of-way within the Tourist and Open Space/Recreation Districts and Beach Walk (page
two of the proposed Ordinance);
A provision requiring all outdoor café permit requests regardless of location to be
accompanied by drawings indicating the location of the café and the extent of alcoholic
beverage sales (page two of the proposed Ordinance);
A provision allowing alcoholic beverages to be served in conjunction with legally
permitted outdoor cafés (page two of the proposed Ordinance); and
A provision allowing any outdoor café permit to be revoked should the café not meet the
City’s or public’s best interest or any other reason (page three of the proposed
Ordinance).
The amendments to Section 3-909 Outdoor Cafés located within public rights-of-way are logical
and support the goals, objectives and vision of Beach by Design and the Clearwater Downtown
Redevelopment Plan, clarify certain portions of Section 3-909 of the Community Development
Code, allow alcoholic beverages in a logical and controlled manner and are supported by the
City’s Comprehensive Plan and Community Development Code. Throughout the ordinance,
language was created to provide clear and concise direction for the provision of outdoor cafés.
Community Development Board – June 19, 2012
TA2012-05006 – Page 2
EXHIBIT: STAFF REPORT TA2012-05006 2012-06-19
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/or Policies which will be furthered by the proposed Code amendments:
Future Land Use Element
Goal A.6 The City of Clearwater shall utilize innovative and flexible planning and
engineering practices, and urban design standards in order to protect historic
resources, ensure neighborhood preservation, redevelop blighted areas, and
encourage infill development.
Policy A.6.1.6 Land use decisions in Clearwater shall support the expansion of economic
opportunity, the creation of jobs and training opportunities as well as the
maintenance of existing industries through establishment of enterprise
zones, activity centers and redevelopment areas and by coordination with
the Chamber of Commerce, Tourist Development Council and other
economic development organizations and agencies.
Objective A.6.6 Tourism is a substantial element of the City’s economic base and as such
the City shall continue to support the maintenance and enhancement of
this important economic sector.
Policy A.6.8.1 Build active, attractive communities that are designed at a human scale
and encourage walking, cycling and use of mass transit.
Policy A.6.8.3 Where appropriate, development shall provide a sense of pedestrian scale
on streets through minimal front setbacks, similar building heights, street
trees and proportionality of building heights to street widths.
Findings
The proposed amendments are consistent with the Comprehensive Plan for several reasons. Use
of the public right-of-way by private enterprise encourages infill restaurant development due to
the addition of more seating, which increases the earning potential of an eating establishment and
makes it likelier for a business to be established and thrive. Increased seating capacity at an
eating establishment also expands economic opportunities by creating jobs, as more space for
patrons means more staff is needed to serve said patrons. An important element in generating
tourism is creating an inviting public realm. Outdoor cafes enrich the public realm by activating
Community Development Board – June 19, 2012
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EXHIBIT: STAFF REPORT TA2012-05006 2012-06-19
street life and providing a greater number and diversity of street furniture. Outdoor cafes, by
their very nature, are at a human scale and encourage walking.
2.The proposed amendment furthers the purposes of the Community Development Code.
The proposed text amendment will further the purposes of the Community Development
Code in that it will be consistent with the following purposes set forth in Section 1-103:
Allowing property owners to enhance the value of their property through innovative and
creative redevelopment (CDC Section 1-103.B.1).
Ensuring that development and redevelopment will not have a negative impact on the
value of surrounding properties and wherever practicable promoting development and
redevelopment which will enhance the value of surrounding properties (CDC Section 1-
103.B.2).
Strengthening the City’s economy and increasing its tax base as a whole (CDC Section 1-
103.B.3).
Protect the character and the social and economic stability of all parts of the City through
the establishment of reasonable standards which encourage the orderly and beneficial
development of land within the City (CDC Section 1-103.E.2).
Provide the most beneficial relationship between the uses of land and buildings and the
circulation of traffic throughout the city, with particular regard for safe and efficient
vehicular and pedestrian traffic movement (CDC Section 1-103.E.4).
Provide for open spaces through efficient project design and layout that addresses
appropriate relationships between buildings on the project site and adjoining properties,
including public rights-of-way and other public places (CDC Section 1-103.E.6).
Establish use limitations for specified uses consistent with the zoning district in which
they are allowed and the particular characteristics of such specified uses (CDC Section 1-
103.E.10).
Findings
These amendments are consistent with the Community Development Code because they enhance
property values by encouraging creative redevelopment through the use of public rights-of-way
as outdoor cafes. Outdoor cafes provide expanded capacity for eating establishments, increasing
the viability of the business, which strengthens the City’s economy. The standards established
by these amendments protect and enhance community character through the orderly and
beneficial development of land. The proposed standards will also clearly define and delineate
how and in what fashion outdoor cafés may be established.
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EXHIBIT: STAFF REPORT TA2012-05006 2012-06-19
3.The proposed amendment furthers the purposes of other City ordinances and actions
designed to implement the Plan.
The proposed text amendment will further be consistent with and in support of the purpose
and vision of Beach by Design as follows:
Prior to the development of Beach Walk, Beach by Design listed a variety of
detriments associated with Clearwater Beach including the observation that there
were “few opportunities for outside dining”. The document states that the
realignment of “South Gulfview to the west of its current alignment achieves multiple
purposes” one of which is the addition of “amenities such as safe and comfortable
areas for outdoor dining” Specifically outdoor cafés and other “seaside” amenities
are envisioned along the east side of “the new South Gulfview” (Beach Walk).
(Section V. Catalytic Projects, subsection C. Beach Walk: The New South Gulfview
Drive).
One of the prime Design Objectives of Beach by Design is to “To create inviting,
human scale “places” at the street level of all buildings” and to “ensure that the street
level of all buildings is pedestrian friendly” (Section VII. Design Guidelines Design
Objectives 1 and 6).
Beach by Design provides that “[o]utdoor café tables are also permitted in the public
space, subject to the requirements in Section H, Sidewalks (Section VII.D. Setbacks
and Stepbacks).
Beach by Design provides that “[p]ortions of required sidewalks may be improved for
nonpedestrian purposes including outdoor dining…provided that…movement of
pedestrians along the sidewalk is not obstructed…and… non-pedestrian
improvements and uses are located on the street side of the sidewalk.” (Section VII.H.
Sidewalks).
The proposed text amendment will further be consistent with and in support of the purpose
and vision of the Clearwater Downtown Redevelopment Plan as follows:
Appropriate: outdoor café is located directly on the sidewalk (Design Guidelines, New
Construction; Site Design; Site Elements).
Appropriate: decorative fencing provides the delineation for an outdoor café (Design
Guidelines, New Construction; Site Design; Fences and Walls).
Create opportunities for an active street life e.g. sidewalk cafes, special events, etc.
(Master Streetscape and Wayfinding Plan).
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EXHIBIT: STAFF REPORT TA2012-05006 2012-06-19
Findings
These amendments are consistent with Beach by Design and the Clearwater Downtown
Redevelopment Plan because they further each document’s stated objectives and/or visions to
encourage active and pedestrian-friendly streetscapes through, among other methods, the use of
public rights-of-way as outdoor cafés. As mentioned previously, outdoor cafés provide
expanded capacity for eating establishments, increasing the viability of the business, which
strengthens the City’s economy. The standards established by these amendments protect and
enhance community character through the orderly and beneficial development of land. The
proposed standards will also clearly define and delineate how and in what fashion outdoor cafés
may be established.
SUMMARY AND RECOMMENDATION:
The proposed amendments to the Community Development Code are consistent with and will
further the goals of the Clearwater Comprehensive Plan and the purposes of the Community
Development Code. The proposed amendments are also consistent with the purposes, visions
and design guidelines of Beach by Design and the Clearwater Downtown Redevelopment Plan.
APPROVAL
Based upon the above, the Planning Department recommends of Ordinance No.
8331-12 that amends the Community Development Code.
Prepared by Planning Department Staff: __________________________________________
Mark T. Parry, AICP, Planner III
ATTACHMENT:
Ordinance No. 8331-12
S:\Planning Department\Community Development Code\2012 Code Amendments\TA2012-05006 - Sidewalk Cafes\Ordinance No 8331-12 CDB
Staff Report 2012-06-19.doc
Community Development Board – June 19, 2012
TA2012-05006 – Page 6
EXHIBIT: STAFF REPORT FLD2012-03008 2012-06-19
CDB Meeting Date: June 19, 2012
Case Number: FLD2012-03008
Agenda Item: D. 1. (Related to E. 2.)
Owner/ Applicant: Louis Developments LLC
Representative: Renee Ruggiero, Senior Project Planner, Northside Engineering
Address: 443 East Shore Drive (including 460, 462, 463 and 465 East Shore Drive)
CITY OF CLEARWATER
PLANNING AND DEVELOPMENT DEPARTMENT
STAFF REPORT
GENERAL INFORMATION:
REQUEST: Flexible Development approval to permit 1) a 134-unit Overnight
Accommodation use (through an increase of the permitted density by
the allocation of 71 overnight accommodation units from the Hotel
Density Reserve created pursuant to Beach by Design) and 6,500
square feet of restaurant use in the Tourist (T) District with a lot area of
43,415 square feet (0.99 acres), a lot width of 315 feet along East Shore
Drive and 137.72 feet along Papaya Street, a front (west along East
Shore Drive) setback of zero feet (to building), a front (south along
Papaya Street) setback of 21.1 feet (to building) and three feet to wood
patio, a side (north) setback of 19 feet (to building), a side (east)
setback of 11.4 feet (to building), a building height of 85.5 feet (to
midpoint of pitched roof) and 193 parking spaces and 2) an off-street
parking lot in the T District with a lot area of 11,514 square feet (0.26
acres), lot widths of 100.4 feet along East Shore Drive and Poinsettia
Street, a front (east along East Shore Drive) setback of 8.4 feet (to
pavement), a front (west along Poinsettia Street) setback of five feet (to
pavement), a side (north) setback of five feet (to pavement), a side
(south) setback of five feet (to pavement) and 24 parking spaces and a
two year development order as a Comprehensive Infill Redevelopment
Project, under the provisions of Community Development Code Section
2-803.C.
ZONING DISTRICT: Tourist (T)
FUTURE LAND USE
PLAN CATEGORY: Resort Facilities High (RFH)
BEACH BY DESIGN
CHARACTER
DISTRICT:Marina District
PROPERTY USE: Current: Vacant overnight accommodations. (42 units)
Proposed: 134 Overnight Accommodation units, Restaurant of 6,500
square feet of floor area and 201 parking with a 0.11 Floor
Area Ratio at a height of 85.5 feet (to midpoint of pitched
roof).
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EXHIBIT: STAFF REPORT FLD2012-03008 2012-06-19
EXISTING North: Tourist (T) District
SURROUNDING Overnight Accommodations
ZONING AND USES: South: Tourist (T) District
Overnight Accommodations
East: Tourist (T) District
Overnight Accommodations
West: Open Space/Recreation (OS/R) District
Intracoastal Waterway
ANALYSIS:
Site Location and Existing Conditions:
The 1.26-acre subject property is located at the northeast corner of East Shore Drive and Papaya
Street which is within the “Marina” District of Beach by Design. The majority of the site is
currently vacant with the remainder of the area developed with three single-story buildings
containing 42 overnight accommodation units.
Development Proposal:
The proposal is to redevelop the site with a 134-unit mid-priced hotel including a 6,500 square
foot restaurant. The building will be seven stories with the parking on the first three levels and
includes a boardwalk along the intracoastal with a minimum width of 15 feet. The proposal
includes a tropical modern architecture, which is appropriate for this waterfront property and
complements the tropical vernacular envisioned in Beach by Design. The building mass consists
of a three-story base, two towers at the north and south sides of the building and a main tower in
the middle of the building. The ground floor building design at the entrance to the development
on East Shore Drive is opened up to the greatest extent possible in order to create a prominent
entrance and space that is inviting to the public. Two water features flank the pedestrian
entrance, a structural glass awning extends over the pedestrian entry and the building wall on the
north half of the facade has been pulled back to allow for space to provide amenities such as
public art or pedestrian seating. Smaller scale decorative louvered sunshades, aluminum
railings, coral stone elements and standing seam metal roof elements are also included.
The site is designed with three driveways on East Shore Drive (two for the hotel and one for the
accessory parking lot). For the hotel, the southern driveway will be entrance only and the
northern driveway exit only.
The building is designed with the passenger drop-off and main pedestrian entrance on the ground
level. This lowest level provides elevator and stair building access areas, a restaurant facing the
intracoastal, boardwalk, trash staging area and nine parking spaces. Levels two and three are
parking areas and each contains 84 parking spaces of which four are handicapped on each level.
Level four is the main lobby level and includes the check-in area, hotel units, hotel
administrative office, exercise room, laundry area, bar, café dining, media area, storage area,
vending machines and pool area including cabanas. Levels five through seven consists of 36
hotel units on each floor.
The materials and color of the building will support the tropical modern architecture and its
natural surroundings. The base of the building will be painted beige accented with coral stone
architectural details. The remainder of the building will be painted tan also with sandstone
architectural details. The roof will be standing seam metal light green in color. The window
mullions, railings and pool trellis will be white.
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EXHIBIT: STAFF REPORT FLD2012-03008 2012-06-19
A 50-slip dock previously approved under FLD2009-02009 is also to be constructed. Of the
total number of slips, 32 will be available to the public with the remaining 18 slips dedicated to
the hotel. The 32 public slips (marina) require a total of 16 off-street parking spaces.
The applicant is requesting a two-year development order which staff has historically supported
in conjunction with projects of similar scope. Community Development Code (CDC) Section 4-
407 specifies that an application for a building permit must be submitted within one year of the
date the CDB approves the project, unless otherwise specified under this approval.
Also on this Community Development Board (CDB) agenda is a companion Development
Agreement (DVA2012-03001) that must be approved by City Council, which provides for
general and specific parameters of the project and other design considerations.
The development proposal’s compliance with the various development standards of the (CDC) is
discussed below.
Floor Area Ratio (FAR): Pursuant to the Countywide Plan Rules and CDC Section 2-801.1, the
maximum FAR for properties with a future land use plan designation of Resort Facilities High is
1.0. The proposal is for a total of 6,500 square feet of floor area (accessory restaurant) at a FAR
of 0.11, which is consistent with the Code provisions.
Impervious Surface Ratio (ISR): Pursuant to the Countywide Plan Rules and CDC Section 2-
801.1, the maximum allowable ISR is 0.95. The proposed ISR is 0.84, which is consistent with
the Code provisions.
Minimum Lot Area and Width: Pursuant to CDC Table 2-803, there is no minimum lot area or
width requirement for Comprehensive Infill Redevelopment Projects. The subject property has a
lot area of 54,929 square feet. The lot width of the hotel portion of the subject property along
East Shore Drive is 315 feet and 130.84 feet along Papaya Street. The lot widths of the parcel
containing the off-street parking lot along East Shore Drive and Poinsettia Street are 100.4 feet.
Minimum Setbacks: Pursuant to CDC Table 2-803, there are no minimum setback requirements
for Comprehensive Infill Redevelopment Projects. The development proposal (hotel portion)
includes a front (west along East Shore Drive) setback of zero feet (to building), front (south
along Papaya Street) setbacks of 21.1 feet (to building) and three feet (to wood patio), a side
(north) setback of 19 feet (to building) and a side (east) setback of 11.4 feet (to building). The
off-street parking lot has a front (east along East Shore Drive) setback of 8.4 feet, a front (west
along Poinsettia Street) setback of five, a side (north) setback of five feet and a side (south)
setback of five feet.
Maximum Building Height: Pursuant to CDC Table 2-803, there is no maximum allowable
height for Comprehensive Infill Redevelopment Projects. Pursuant to the Marina Character
District standards of Beach by Design; the maximum building height for those properties having
more than one acre on both sides of East Shore Drive is 80 feet. Pursuant to the definition of
height as set forth in Article 8, CDC, elevator equipment rooms are permitted to project up to 16
feet higher than the allowable maximum height. The subject property aggregate (both sides of
East Shore Drive) lot area is 1.26 acres and the proposed building height is 73.75 feet to
Community Development Board – June 19, 2012
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EXHIBIT: STAFF REPORT FLD2012-03008 2012-06-19
midpoint of pitched roof and 85.5 feet to midpoint of pitched roof for the elevator tower, which
is consistent with the above referenced provisions.
Minimum Off-Street Parking: Pursuant to CDC Table 2-803, the minimum off-street parking
requirements for Comprehensive Infill Redevelopment Projects shall be as determined by the
Community Development Coordinator based on the specific use and/or ITE Manual standards.
However, and as a point of reference, Table 2-803 requires 1.2 spaces per overnight
accommodations unit and one space per two dock slips. The 6,500 square feet of restaurant does
not require parking as it is accessory to the hotel and less than 15 percent of the overall gross
floor area of the development. The development proposal includes 134 overnight
accommodations units and 32 slips for the public requiring a total of 177 spaces. 201 parking
spaces are provided exceeding the off-street parking requirement.
Parking for the hotel guests, employees and users of the marina is provided in a parking garage
(177 spaces) in the first three levels of the hotel as well as a surface parking lot (24 spaces) on
the west side of East Shore Drive for a total of 201 parking spaces. Of the 201 spaces, 185
spaces are dedicated to the hotel at 1.38 parking spaces per hotel room. The remaining 16 spaces
are dedicated for marina parking.
Mechanical Equipment: Pursuant to CDC Section 3-903.H.1, mechanical equipment shall be
screened from any public right-of-way and adjacent properties. The proposal includes
mechanical equipment located on the second, third and fourth levels of the building including
HVAC. All mechanical equipment will be screened from view from adjacent property owners
by walls.
Sight Visibility Triangles: Pursuant to CDC Section 3-904.A, to minimize hazards at street or
driveway intersections, 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. As previously discussed there are three driveways on East Shore Drive (two
for the hotel and one for the parking lot). The proposal has been reviewed by the City’s Traffic
Engineering Department and been found to be acceptable.
Utilities: Pursuant to CDC Section 3-912, for development that does not involve a subdivision,
all utilities, including individual distribution lines, must be installed underground unless such
undergrounding is not practicable. Electric and communication lines for this development will
be installed underground on-site in compliance with this requirement. The location of proposed
electric panels, boxes and meters for this development is unknown presently. If located exterior
to the building, to ensure views are minimized, this electrical equipment should be painted the
same color as the building. The location and potential views of such electrical equipment will be
addressed at the building permit stage.
Landscaping: Pursuant to CDC Section 3-1202.E.1, 10% of the gross vehicular use area shall be
provided within interior landscape islands. The interior landscape area (parking lot) is 8,316
square feet in area and 1,468 square feet (17.6 percent of the vehicular use area) of landscaping
is proposed. Sabal and washingtonia palm trees with a variety of underplantings are to be
planted.
Community Development Board – June 19, 2012
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EXHIBIT: STAFF REPORT FLD2012-03008 2012-06-19
Pursuant to CDC Section 3-1202.E.2, foundation plantings shall be provided for 100 percent of a
building facade with frontage along a street right-of-way, excluding space necessary for building
ingress and egress, within a minimum five-foot wide landscaped area. The proposal includes
foundation plantings along the north, south and west building facades within, at a minimum,
five-foot wide landscape buffer along the entire building facades excluding space necessary for
building ingress and egress. The foundation plantings areas will be planted with silver
buttonwood, giant bird of paradise trees, a variety of palm trees and underplantings.
The submitted landscape plan complies with Section 3-1202 for interior parking lot and
foundation landscaping and should provide adequate visual relief from the scale of the parking
levels and structures.
Solid Waste: The proposal will utilize a trash compactor and trash staging area located at the
southwest corner of the building that is enclosed by walls on three sides. There will be an access
gate on East Shore Drive. The proposal also includes landscaping to provide visual relief from
the compactor walls. To shield the view of the compactor from guest rooms above, a trellis with
mesh screening is provided.
Signage: No freestanding or attached signage is proposed at this time. And while due to site
constraints freestanding signage is not expected, freestanding signage in the Tourist District is
restricted to a maximum height of four feet, or six feet through a Comprehensive Sign Program.
Any approval of this application should include a condition allowing for freestanding signage,
where such future freestanding signage must be a monument-style sign meeting Code
requirements and be designed to match the exterior materials and color of the building. Any
proposed attached signage not meeting minimum Code requirements will be approved through a
Comprehensive Sign Program.
Additional Beach by Design Guidelines: Section C.1 requires buildings with a footprint of
greater than 5,000 square feet to be constructed so that no more than two of the three building
dimensions in the vertical or horizontal planes are equal in length. The proposed building
footprint is approximately 32,319 square feet. The project’s overall horizontal plane dimensions
are 266 feet along East Shore Drive (west) and on the east side of the building, and 121.5 feet
along Papaya Street (south) and the north side of the building, while the vertical plane is 84.5
feet from ground level to midpoint of the pitched roof. As such, the building is consistent with
this guideline.
Section C.2 requires no plane or elevation to continue uninterrupted for greater than 100 feet
without an offset of more than five feet. All facades of the building are greater than 100 feet in
length and include a minimum of one vertical step back per facade to be consistent with the
aforementioned provision.
Section C.3 requires at least 60 percent of any elevation to be covered with windows or
architectural decoration. All building elevations contain windows, and architectural details such
as aluminum railings, raised architectural details and changes in materials and colors. The
following table outlines the percentages which are consistent with the aforementioned provision.
Community Development Board – June 19, 2012
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EXHIBIT: STAFF REPORT FLD2012-03008 2012-06-19
Exterior Finishes and Openings Percentages Table
North Elevation South Elevation East Elevation West Elevation
Windows 22% Windows 22% Windows 25% Windows 27%
Architectural Details 43% Architectural Details 41% Architectural Details 40% Architectural Details 47%
Total: 65% Total: 63% Total: 65% Total: 74%
Section C.4 requires that no more than 60 percent of the theoretical maximum building envelope
located above 45 feet be occupied by a building. Based on the building envelope measurements
provided by the applicant, 50 percent of the theoretical maximum building envelope is located
above 45 feet. As such, the proposal is consistent with the aforementioned provision.
Section E.1 requires that at least sixty percent 60 percent of the street level facades of buildings
used for nonresidential purposes which abut a public street or pedestrian access way, will be
transparent. The street-level windows along Papaya Street and the west side of the building are
consistent with this provision as much as practicable. Along the west building facade fronting
East Shore Drive, the intent of the provision is met through the removal of as much of the ground
floor facade wall as much as practicable to create a space inviting to the public.
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 as per CDC Section 2-801.1 and
Table 2-803 and beach by Design;
Standard Proposed Consistent Inconsistent
Floor Area Ratio 1.0 0.72 X
Impervious Surface Ratio 0.95 0.84 X
Minimum Lot Area N/A 54,929 sq. ft. X
Minimum Lot Width N/A 315 feet (hotel - East Shore) X
130.84 feet (hotel - Papaya Street) X
100 feet (parking lot - East Shore) X
Minimum Setbacks Front : N/A (Hotel) South: 21.1 feet (to building) X
3 feet (to wood patio)
West: Zero feet (to building) X
Side: N/A (Hotel) North: 19 feet (to building) X
East: 211.4 feet (to building) X
Front: N/A East: 8.4 feet (to pavement) X
(Accessory Parking Lot)
West: 5 feet (to pavement) X
Side: N/A North: 5 feet (to pavement) X
(Accessory Parking Lot)
South: 5 feet (to pavement) X
Maximum Height 80 feet through Beach 85.5 feet (midpoint of pitched roof X
by Design of elevator shaft)
Minimum
Off-Street Parking N/A 201 parking spaces X
Community Development Board – June 19, 2012
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EXHIBIT: STAFF REPORT FLD2012-03008 2012-06-19
COMPLIANCE WITH FLEXIBILITY CRITERIA:
The following table depicts the
consistency of the development proposal with the Flexibility criteria as per CDC Section 2-803.C
(Comprehensive Infill Redevelopment Project):
Consistent Inconsistent
1. The development or redevelopment is otherwise impractical without deviations from X
the use and/or development standards set forth in this zoning district.
2. The development or redevelopment will be consistent with the goals and policies of X
the Comprehensive Plan, as well as with the general purpose, intent and basic
planning objectives of this Code, and with the intent and purpose of this zoning
district.
3. The development or redevelopment will not impede the normal and orderly X
development and improvement of surrounding properties.
4. Adjoining properties will not suffer substantial detriment as a result of the proposed X
development.
5. The proposed use shall otherwise be permitted by the underlying future land use X
category, be compatible with adjacent land uses, will not substantially alter the
essential use characteristics of the neighborhood; and shall demonstrate compliance
with one or more of the following objectives:
a. The proposed use is permitted in this zoning district as a minimum standard,
flexible standard or flexible development use;
b. The proposed use would be a significant economic contributor to the City’s
economic base by diversifying the local economy or by creating jobs;
c. The development proposal accommodates the expansion or redevelopment of
an existing economic contributor;
d. The proposed use provides for the provision of affordable housing;
e. The proposed use provides for development or redevelopment in an area that is
characterized by other similar development and where a land use plan
amendment and rezoning would result in a spot land use or zoning designation;
or
f. The proposed use provides for the development of a new and/or preservation of
a working waterfront use.
6. Flexibility with regard to use, lot width, required setbacks, height and off-street X
parking are justified based on demonstrated compliance with all of the following
design objectives:
a. The proposed development will not impede the normal and orderly
development and improvement of the surrounding properties for uses permitted
in this zoning district;
b. The proposed development complies with applicable design guidelines adopted
by the City;
c. The design, scale and intensity of the proposed development supports the
established or emerging character of an area;
d. In order to form a cohesive, visually interesting and attractive appearance, the
proposed development incorporates a substantial number of the following
design elements:
Changes in horizontal building planes;
Use of architectural details such as columns, cornices, stringcourses,
pilasters, porticos, balconies, railings, awnings, etc.;
Variety in materials, colors and textures;
Distinctive fenestration patterns;
Building step backs; and
Distinctive roofs forms.
e. The proposed development provides for appropriate buffers, enhanced
landscape design and appropriate distances between buildings.
Community Development Board – June 19, 2012
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EXHIBIT: STAFF REPORT FLD2012-03008 2012-06-19
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 meetings of April 05 and May 03, 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 1.26-acre subject property is located at the northeast corner of East Shore Drive and
Papaya Street;
2.The site is comprised of three parcels, two on the east and one on the west side of East Shore
Drive;
3.That the subject property is located in the Tourist (T) District and the Resort Facilities High
(RFH) future land use plan category;
4.That the subject property is located within the Marina District of Beach by Design and is
subject to all applicable requirements set forth therein;
5.That a companion Development Agreement (DVA2012-03001) which must be approved by
City Council is also on this CDB agenda and provides for specific parameters of the project,
the project approval and commencement of construction timing provisions and other design
considerations;
6.That the properties are previously developed with three single-story buildings containing 42
overnight accommodation units which are to be demolished;
7.That the proposal includes the construction of a 134-unit mid-priced hotel including a 6,500
square foot restaurant, and 201 parking spaces;
8.That the proposal (hotel portion) includes a front (west along East Shore Drive) setback of
zero feet (to building), a front (south along Papaya Street) setback of 21.1 feet (to building)
and three feet to wood patio, a side (north) setback of 19 feet (to building) and a side (east)
setback of 11.4 feet (to building).
9.That the proposal (off-street parking lot) includes a front (east along East Shore Drive)
setback of 8.4 feet, a front (west along Poinsettia Street) setback of five feet, a side (north)
setback of five feet and a side (south) setback of five feet;
Community Development Board – June 19, 2012
FLD2012-03008 – Page 8 of 10
EXHIBIT: STAFF REPORT FLD2012-03008 2012-06-19
10.That the proposal incorporates a height bonus pursuant to the Marina District of Beach by
Design by providing a boardwalk with a minimum width of 15 feet;
11.That the proposal includes large expanses of windows, sunshades (providing windows
screening from the sun) and finishes commonly found in tropical vernacular architecture such
as coral stone and standing seam metal;
12.That a 50-slip dock previously approved under FLD2009-02009 is to be constructed; and
13.That 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 Community
Development Code Tables 2-801.1 and 2-803;
2.That the development proposal is consistent with the Flexibility criteria as per Community
Development Code Section 2-803.C;
3.That the development proposal is consistent with the General Standards for Level Two
Approvals as per Community Development Code Section 3-914.A;
4.That the development proposal is consistent with the Marina character district of Beach by
Design; and
5.That the development proposal is consistent with the Design Guidelines of Beach by Design.
APPROVAL
Based upon the above, the Planning and Development Department recommends of
the Flexible Development approval to permit 1) a 134-unit Overnight Accommodation use
(through an increase of the permitted density by the allocation of 71 overnight accommodation
units from the Hotel Density Reserve created pursuant to Beach by Design) and 6,500 square feet
of restaurant use in the Tourist (T) District with a lot area of 43,415 square feet (0.99 acres), a lot
width of 315 feet along East Shore Drive and 137.72 feet along Papaya Street, a front (west
along East Shore Drive) setback of zero feet (to building), a front (south along Papaya Street)
setback of 21.1 feet (to building) and three feet to wood patio, a side (north) setback of 19 feet
(to building), a side (east) setback of 11.4 feet (to building), a building height of 85.5 feet (to
midpoint of pitched roof) and 193 parking spaces and 2) an off-street parking lot in the T District
with a lot area of 11,514 square feet (0.26 acres), lot widths of 100.4 feet along East Shore Drive
and Poinsettia Street, a front (east along East Shore Drive) setback of 8.4 feet (to pavement), a
front (west along Poinsettia Street) setback of five feet (to pavement), a side (north) setback of
five feet (to pavement), a side (south) setback of five feet (to pavement) and 24 parking spaces
and a two year development order as a Comprehensive Infill Redevelopment Project, under the
provisions of Community Development Code Section 2-803.C., subject to the following
conditions of approval:
Conditions of Approval:
1.That approval of this Flexible Development case is subject to the approval of a Development
Agreement with the City (Case DVA2012-03001);
2.That commencement of construction occur by the date as set out in Development Agreement
DVA2012-03001;
3.That prior to the issuance of any permits, a Declaration of Unity of Title combining parcels
08-29-15-16434-003-0080, 08-29-15-16434-002-0100 and 08-29-15-16434-003-0100 be
recorded in the public records and a copy of said recorded document be provided to the
Planning and Development Department;
4.That any applicable Public Art and Design Impact Fee be paid prior to the issuance of any
permits;
Community Development Board – June 19, 2012
FLD2012-03008 – Page 9 of 10
EXHIBIT: STAFF REPORT FLD2012-03008 2012-06-19
5.That all Parks and Recreation fees be paid prior to the issuance of any permits;
6.That prior to the issuance of any building permits, the Traffic Engineering condition be met;
7.That prior to the issuance of any building permits, the Fire Department may require the
provision of a Water Study performed by a Fire Protection Engineer in order to ensure that an
adequate water supply is available and to determine if 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.
8.That prior to the issuance of any building permits, the materials and the final design of the
boardwalk as well as the provision of any easements require by the City, be coordinated
between the applicant and the City;
9.That, prior to the issuance of a Certificate of Occupancy, an easement be recorded for that
portion of the public boardwalk that is located on the subject property;
10.That the books and records pertaining to use of each hotel room be open for inspection by
authorized representatives of the City, upon reasonable notice, in order to confirm
compliance with the Hotel Density Reserve criteria of Beach by Design as allowed by
general law;
11.That all open spaces will be landscaped with Florida Grade #1 plant material with an
automatic irrigation system;
12.That all utilities, including individual distribution lines, must be installed underground unless
undergrounding is not practicable;
13.That where door openings create a conflict with pedestrian traffic, the width of the boardwalk
be widened to a minimum of 15 feet excluding opened doors;
14.That electric panels and meters for this development, if proposed to be outside and in view of
adjacent rights-of-way and properties be painted the same color as the building; and
15.That any future freestanding signage must be monument-style meeting Code requirements
and be designed to match exterior materials and color of the building.
Prepared by Planning and Development Department Staff: ______________________________
Matt Jackson, Planner II
ATTACHMENTS: Location Map; Aerial Map; Zoning Map; Existing Surrounding Uses Map; and Photographs
Community Development Board – June 19, 2012
FLD2012-03008 – Page 10 of 10
EXHIBIT: REVISED CONDITIONS OF APPROVAL
FLD2012-03008 2012-06-19
MEMORANDUM
TO:
Community Development Board
FROM:
Matt Jackson, Planner II
RE: -
FLD2012-03008Revised Staff Report Conditions
DATE:
June 19, 2012
Listed below are the revised conditions of approval. Please disregard the conditions of approval
in the staff report.
Conditions of Approval:
1.That approval of this Flexible Development case is subject to the approval of a
Development Agreement with the City (Case DVA2012-03001);
2.That commencement of construction occur by the date as set out in Development
Agreement DVA2012-03001;
3.That the final design and color of the building be consistent with the elevations
approved by the CDB;
4.That any future freestanding signage must be monument-style meeting Code
requirements and be designed to match exterior materials and color of the building;
5.That all open spaces will be landscaped with Florida Grade #1 plant material with an
automatic irrigation system;
6.That the books and records pertaining to use of each hotel room be open for
inspection by authorized representatives of the City, upon reasonable notice, in order
to confirm compliance with the Hotel Density Reserve criteria of Beach by Design as
allowed by general law;
7.That boatlifts, fueling capabilities and dry storage facilities or any like structures and/
or uses of any kind are prohibited;
8.That signage be permanently installed on the docks or at the entrance to the docks
containing words warning boaters of the existence of protected sea grasses and
manatees in the vicinity;
9.That prior to the issuance of any building permits, a Declaration of Unity of Title
combining parcels 08-29-15-16434-003-0080, 08-29-15-16434-002-0100 and 08-29-
15-16434-003-0100 be recorded in the public records and a copy of said recorded
document be provided to the Planning and Development Department;
10.That prior to the issuance of any building permits, the location and visibility of
electric equipment (electric panels, boxes and meters) be reviewed and, if located
exterior to the building where visible from any street frontage, be painted the same
color as the portion of the building to which such features are attached;
11.That prior to the issuance of any building permits, any applicable Public Art and
Design Impact Fee be paid;
EXHIBIT: REVISED CONDITIONS OF APPROVAL
FLD2012-03008 2012-06-19
12.That prior to the issuance of any building permits all Parks and Recreation fees be
paid;
13.That prior to the issuance of any building permits, the Traffic Engineering condition
be met;
14.That prior to the issuance of any building permits, the Fire Department may require
the provision of a Water Study performed by a Fire Protection Engineer in order to
ensure that an adequate water supply is available and to determine if 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.
15.That prior to the commencement of construction. A copy of the SWFWMD and/ or
FDEP Permit and any other applicable environmental permits, Corps of Engineer’s
Permit and proof of permission to use State submerged land, if applicable, be
submitted to the Planning and Development Department;
16.That the applicant finance, coordinate and oversee the construction of a publicly-
accessible boardwalk (including an access point from Papaya Street) extending from
Papaya Street to the northern edge of the subject property as portrayed in the
submitted application and that such boardwalk and access point be constructed in its
entirety;
17.That the location of the boardwalk be consistent with the plans approved by the CDB
or as otherwise determined/required by City Staff;
18.That where door openings create a conflict with pedestrian traffic, the width of the
boardwalk be widened to a minimum of 15 feet excluding opened doors;
19.That the fit, finish, materials and installation methodology of the proposed boardwalk
(including built-in lighting, benches and trash receptacles) and the access point at
Papaya Street be coordinated with and approved by City Staff prior to the issuance of
any permits;
20.That an easement be granted permitting free and clear access by the public of the
proposed boardwalk for the entire length of the boardwalk including a well-marked
access point at the southern termini of the proposed length of boardwalk;
21.That the final location of the sidewalk along East Shore Drive and Papaya Street be
consistent with the plans approved by the CDB or as otherwise determined/required
by City Staff;
22.That the fit, finish, materials, installation methodology of the sidewalk and
associated sidewalk amenities (such as benches, trash receptacles, trees, lighting) be
coordinated with and approved by City Staff prior to the issuance of any permits;
23.That the location of sidewalk amenities be coordinated with and approved by City
Staff prior to the issuance of any permits;
24.That prior to the completion of the dock, the upland improvements in accordance with
the previously approved FLD2009-02009 or the current plans must be completed
consistent with the associated timelines and conditions as appropriate thereto;
25.That prior to the issuance of any Certificate of Occupancy for the overnight
accommodations, a Certificate of Occupancy for the publicly-accessible boardwalk is
granted; and
EXHIBIT: REVISED CONDITIONS OF APPROVAL
FLD2012-03008 2012-06-19
26.That prior to the issuance of any Certificate of Occupancy, all utilities, including
individual distribution lines serving this development within the right-of-way along
the east side of East Shore Drive and/ or the north side of Papaya Street, as
applicable, must be installed underground unless undergrounding is not practicable.
EXHIBIT: STAFF REPORT DVA2012-03001 2012-06-19
CDB Meeting Date: June 19, 2012
Case Number: DVA2012-03001 (Related to FLD2012-03008)
Agenda Item: E. 2. (Related to D. 1.)
Owner/ Applicant: Louis Developments LLC
Representative: Renee Ruggiero, Senior Project Planner, Northside Engineering
Address: 443 East Shore Drive (including 460, 462, 463 and 465 East Shore Drive)
CITY OF CLEARWATER
PLANNING AND DEVELOPMENT DEPARTMENT
STAFF REPORT
GENERAL INFORMATION:
REQUEST: Review and recommendation to the City Council, of a
Development Agreement between Louis Development LLC (the
property owner) and the City of Clearwater as per Beach by Design
and Community Development Code (CDC) Section 4-606.
ZONING DISTRICT: Tourist (T) District
FUTURE LAND USE
PLAN CATEGORY: Resort Facilities High (RFH)
BEACH BY DESIGN
CHARACTER
DISTRICT: Marina District
PROPERTY USE: Current: The majority of the subject property is vacant with the
remaining area containing three single-story structures
providing 42 overnight accommodations units.
Proposed: 134 Overnight Accommodation units, Restaurant of
6,500 square feet of floor area and 201 parking spaces
(including 10 handicapped spaces) with a 0.72 Floor
Area Ratio at a height of 84.2 feet (to midpoint of
pitched roof).
EXISTING North: Tourist (T) District
SURROUNDING Overnight Accommodations
ZONING AND USES: South: Tourist (T) District
Overnight Accommodations
East: Tourist (T) District
Overnight Accommodations
West: Open Space/Recreation (OS/R) District
Intracoastal Waterway
Community Development Board – June 19, 2012
DVA2012-03001 – Page 1 of 4
EXHIBIT: STAFF REPORT DVA2012-03001 2012-06-19
ANALYSIS:
Site Location and Existing Conditions:
The 1.26-acre subject property is located at the northeast corner of East Shore Drive and Papaya
Street which is within the “Marina” District of Beach by Design. The majority of the site is
currently vacant with the remainder of the area developed with three single-story buildings
containing 42 overnight accommodation units.
Development Proposal:
The proposal is to redevelop the site with a 134-unit mid-priced hotel including a 6,500 square
foot restaurant. The building will be seven stories with the parking on the first three levels and a
boardwalk along the intracoastal with a minimum width of 15 feet. The proposal includes a
tropical modern architecture, which is appropriate and complements the tropical vernacular
envisioned in Beach by Design, and includes a boardwalk along the intracoastal with a minimum
width of 15 feet.
A 50-slip dock previously approved under FLD2009-02009 is also to be constructed. Of the
total number of slips, 32 will be available to the public with the remaining 18 slips dedicated to
the hotel. The 32 public slips (marina) require a total of 16 off-street parking spaces.
Parking for the hotel guests, employees and users of the marina is provided in a parking garage
(177 spaces) in the first three levels of the hotel as well as accessory surface level parking lot (24
spaces) on the west side of East Shore Drive with a total of 201 parking spaces. Of the 201
spaces, 185 spaces are dedicated to the hotel at 1.38 parking spaces per hotel room. The
remaining 16 spaces are dedicated for marina parking. 10 handicapped parking stalls are
provided in the hotel parking area.
Development Agreement:
The Development Agreement is a requirement for the allocation of hotel units from the Hotel
Density Reserve, adopted as an amendment to Beach by Design under Ordinance 7925-08 on
July 17, 2008. A total of 1,385 hotel rooms are available under the Hotel Density Reserve and
this proposal requests the allocation of 71 units from it. The City has established the
Development Agreement format as a means to facilitate the allocation of the units and to set
forth appropriate provisions related to the development of the property. The proposed
Development Agreement will be in effect for a period not to exceed ten (10) years, meets the
criteria for the allocation of units from the Hotel Density Reserve under Beach by Design and
includes the following main provisions:
Provides for the allocation of 71 units from the Hotel Density Reserve;
Provides for a 15-foot boardwalk along the seawall of the property and to permit the
general public to enter upon and traverse the boardwalk at all times;
Requires the developer to obtain building permits and certificates of occupancy in
accordance with Community Development Code (CDC) Section 4-407;
Community Development Board – June 19, 2012
DVA2012-03001 – Page 2 of 4
EXHIBIT: STAFF REPORT DVA2012-03001 2012-06-19
Requires the return of any hotel unit obtained from the Hotel Density Reserve that is not
constructed;
For units allocated from the Hotel Density Reserve, prohibits the conversion of any hotel
unit to a residential use and requires the recording of a covenant restricting use of such
hotel units to overnight accommodation usage; and
Requires a legally enforceable mandatory evacuation/closure covenant that the hotel will be
closed as soon as practicable after a hurricane watch that includes Clearwater Beach is
posted by the National Hurricane Center.
The Community Development Board (CDB) has been provided with the most recent
Development Agreement.
The City Council may enter into Development Agreements to encourage a stronger commitment
on comprehensive and capital facilities planning, to ensure the provision of adequate public
facilities for development, to encourage the efficient use of resources, and to reduce the
economic cost of development. The CDB is required to review the proposed Development
Agreement and make a recommendation to the City Council.
SUMMARY AND RECOMMENDATION:
The Development Review Committee (DRC) reviewed the application and supporting materials
at its meetings of April 5 and May 3, 2012, and deemed the development proposal to be legally
sufficient to move forward to the CDB, based upon the following:
Findings of Fact: The Planning and Development Department, having reviewed all evidence
submitted by the applicant and requirements of the Community Development Code, finds that
there is substantial competent evidence to support the following findings of fact:
1.The 1.26-acre subject property is located at the northeast corner of East Shore Drive and
Papaya Street;
2.That the property is located within the Tourist (T) District and the Resort Facilities High
(RFH) Future Land Use Plan category;
3.That the development proposal is subject to the requirements of Beach by Design and the
Design Guidelines contained therein as the property is located within the Marina character
district.
Conclusions of Law: The Planning and Development Department, having made the above
findings of fact, reaches the following conclusions of law:
1.That the Development Agreement implements and formalizes the requirements for the
construction of on-site and off-site improvements under the related site plan proposal
(FLD2012-03001);
2.That the Development Agreement complies with the standards and criteria of Section 4-606
of the Community Development Code;
3.That the Development Agreement is consistent with and furthers the Visions, Goals,
Objectives and Policies of the Comprehensive Plan; and
Community Development Board – June 19, 2012
DVA2012-03001 – Page 3 of 4
EXHIBIT: STAFF REPORT DVA2012-03001 2012-06-19
4.That the Development Agreement is consistent with the Visions, Goals, Objectives and
Policies of Beach by Design and the Beach Walk character district.
Based upon the above, the Planning and Development Department recommends the
APPROVAL
, and recommendation to the City Council, of a Development Agreement between
Louis Developments LLC (the property owner) and the City of Clearwater as per Beach by
Design and Community Development Code Section 4-606, for the property at 443 East Shore
Drive (including 460, 462, 463 and 465 East Shore Drive).
Prepared by Planning and Development Department Staff:
Matt Jackson, Planner II
ATTACHMENTS:
Development Agreement with Exhibits
Location Map
Aerial Map
Future Land Use Map
Zoning Map
Community Development Board – June 19, 2012
DVA2012-03001 – Page 4 of 4