09/18/2012
COMMUNITY DEVELOPMENT BOARD MEETING MINUTES
CITY OF CLEARWATER
September 18, 2012
Present: Chair Nicholas C. Fritsch, Member Frank L. Dame, Member Richard Adelson,
Member Brian A. Barker, Member Kurt B. Hinrichs, Member Norma R. Carlough, Acting
Member Donald van Weezel
Absent: Vice-Chair Thomas Coates
Also Present: Attorney for the Board Gina Grimes, Assistant City Attorney Leslie
Dougall-Sides, Planning & Development Assistant Director Gina Clayton, Long Range
Planning Manager Lauren Matzke, 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: July 17, 2012.
Noted were: 1) scrivener’s error and 2) re Case FLD2012-05011 - Member Coates not
listed as voting “Aye.”
Member Dame moved to approve the minutes of the regular Community Development
Board meeting of June 19, 2012, as corrected. The motion was duly seconded and
carried unanimously.
D. REQUEST FOR CONTINUANCE (Item 1) (Continue to March 19, 2013):
1. Case: FLD2012-06014 - 407 South Arcturas Avenue Level Two Application
Owner/Applicant: Arcturas 407, LLC
Agent: Anthony Saravanos, The Boardwalk Company (31640 US 19 N, Suite 1,
Palm Harbor, FL 34684; phone: 727-784-1007 x206; email:
asaravanos@boardwalkcompany.com)
Location: 0.39 acre located on the east side of South Arcturas Avenue
approximately 260 feet north of Gulf-to-Bay Boulevard
Atlas Page: 289A
Existing Zoning: Commercial (C) District
Request: Flexible Development application to permit a Retail Sales and Service
use (child daycare) of 5,200 square-feet in the Commercial (C) District with a lot
area of 16,988 square-feet; a lot width of 100 feet; with 21 parking spaces; a
Community Development 9/18/2012 1
front (west) setback of zero feet (to existing pavement); a side (north) setback of
two feet (to existing pavement) and eight feet (to existing building); a side (south)
setback of zero feet (to existing pavement) and two feet (to an existing concrete
pad); and four parking spaces located within required sight visibility triangles as
a Comprehensive Infill Redevelopment Project under the provisions of
Community Development Code Section 2-704.C and reduce the required front
(west) landscape buffer from 10 feet to zero feet adjacent to existing parking;
reduce the required side (north) landscape buffer from 10 feet to zero feet
adjacent to existing parking and two feet to an existing walkway; reduce the
required side (south) landscape buffer from five feet to zero feet to existing
parking and two feet to an existing concrete pad; reduce the required foundation
landscape area from five feet to zero feet; and reduce the required interior
landscaped area from 10 percent of the vehicular use area (404 square-feet) to
zero percent (zero square-feet) as a Comprehensive Landscape Program under
the provisions of 3-1202.G.
Proposed Use: Retail sales and service (child daycare)
Neighborhood Associations: Clearwater Neighborhoods Coalition and Skycrest
Neighborhood Association.
Presenter: Mark T. Parry, AICP, Planner III
See Exhibit: Memorandum FLD2012-06014 2012-09-18
Member Dame moved to continue Case FLD2012-06014 to March 19, 2013. The
motion was duly seconded and carried unanimously.
E. 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: TA2012-04004 - Amendments to the Community Development Code
Level Three Application
Applicant: City of Clearwater
Request: Amendments to the Community Development Code removing all
provisions related to the implementation of school concurrency.
Neighborhood Association: Clearwater Neighborhoods Coalition
Presenter: Catherine Lee, Planner III
See Exhibit: Staff Report TA2012-04004 2012-09-18
Member Barker moved to recommend approval of Case TA2012-04004 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.
Community Development 9/18/2012 2
F. LEVEL THREE APPLICATIONS (Items 1-2):
1.Case: HIS2012-00001 - 405 Cleveland Street Level Three Application
Owner/Applicant: City of Clearwater
Agent: Jeffrey Hartzog, Ruth Eckerd Hall, Inc. (1111 McMullen Booth Road,
Clearwater, FL 33759; phone: 727-791-7060).
Location: 0.144 acres located on the south side of Cleveland Street
approximately 50 feet east of Osceola Avenue.
Atlas Page: 286B
Zoning: Downtown (D) District.
Request: Removal of historic designation of 405 Cleveland Street (Parcel
Number 16-29-15-20358-002-0070) under the provisions of Section 4-607.F.
Existing Use: Theater
Neighborhood Association(s): Downtown Development Board, Clearwater
Neighborhoods Coalition.
Presenter: Lauren Matzke, AICP, Long Range Planning Manager
See Exhibit: Staff Report HIS2012-00001 2012-09-18
Cases HIS2012-00001 and HIS2012-00002 were presented at the same time.
Member Barker declared a conflict of interest.
Member Dame moved to accept Lauren Matzke as an expert witness in the fields of
historic preservation, annexations, land development codes and development code
amendments, and comprehensive planning for Cases HIS2012-00001 and HIS2012-
00002. The motion was duly seconded. Members Dame, Adelson, Hinrichs, and
Carlough, Acting Member van Weezel, and Chair Fritsch voted “Aye”; Member Barker
abstained. Motion carried.
Long Range Planning Manager Lauren Matzke reviewed the staff report. Staff opposes
the request.
Steve Fowler, representing Ruth Eckerd Hall, said originally Ruth Eckerd Hall planned
to restore both buildings. He said Ruth Eckerd Hall has purchased and plans to raze
the 409 Cleveland Street building and replace it with a 2-story building that replicates
the theater’s architecture. He expressed concern the theater may lose its historic
designation due to those efforts. He said maintaining the historic nature of the theater
requires replication of original interior features; however, the original design is unknown.
He said Ruth Eckerd Hall is concerned that preserving the Clearwater Evening Sun
Building and meeting Code would be cost prohibitive and would not result in a
remarkable looking 600 to 700-seat performing arts facility. He said differing façades
would not provide the sense of place a performing arts venue should have. He said
Community Development 9/18/2012 3
Ruth Eckerd Hall would try to save the Clearwater Evening Sun Building’s brick veneer
but would want to raze the building if that is not possible.
Assistant Planning & Development Director Gina Clayton discussed Certificates of
Appropriateness. She expressed concern that current plans would provide a false
sense of development for the theater and would be historically inaccurate.
In response to a suggestion that Ruth Eckerd Hall should work with the City and apply
for a Certificate of Appropriateness before making necessary changes, Mr. Fowler said
the theater’s façade was covered with stucco in the 1960s and the marquis, installed in
the mid 1920s, was destroyed. He did not know the condition of the façade under the
stucco and if historical materials would be available for restoration. He said the building
will have to meet Code, including wind load requirements. Ruth Eckerd Hall intends to
restore the theater’s original Mediterranean Revival façade and will continue to look at
restoring the Clearwater Evening Sun Building exterior.
In response to questions, Mr. Fowler reviewed interior plans, including new seats, a VIP
lounge, and exiting through the Clearwater Evening Sun Building and 409 Cleveland
Street. Ancillary services will be located in the 401 and 409 Cleveland Street buildings.
Concern was expressed that Ruth Eckerd Hall had not objected to the Historic
designations in 2009 but now proposes to raze one of those buildings, which features
distinct architecture, and replace it with a new structure, creating a singular façade that
conceals the theater’s unique character. It was felt the public should be involved in this
decision. It was indicated that preserving the architecture of the Clearwater Evening
Sun Building and designing the new building at 409 Cleveland Street in a similar or
compatible style would be more visually interesting than replacing them with a
monolithic statement. It was noted the condition of the façades is unknown and it was
recommended that the cases be tabled until Ruth Eckerd Hall investigates the
possibility of rehabilitating the façades. Discussion ensued regarding the City’s
application and Certificate of Appropriateness processes and support was expressed for
Ruth Eckerd Hall to obtain a Certificate of Appropriateness.
Member Carlough moved to deny Case HIS2012-00001 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.
The motion was duly seconded.
As Ruth Eckerd Hall does not know if materials under the façade may be too
deteriorated to repair and meet hurricane Codes, it was recommended that the motion
include a condition that the CDB will reconsider the request if additional facts
demonstrate that restoration is not feasible.
Community Development 9/18/2012 4
Member Carlough agreed to amend the motion to accept the condition that the CDB will
reconsider the request if additional facts demonstrate that restoration is not feasible.
The seconder agreed.
Upon the vote being taken on the amended motion, Members Dame, Adelson, Hinrichs,
and Carlough, Acting Member van Weezel, and Chair Fritsch voted “Aye”; Member
Barker abstained. Motion carried.
2.Case: HIS2012-00002 - 401 Cleveland Street Level Three Application
Owner/Applicant: City of Clearwater
Agent: Jeffrey Hartzog, Ruth Eckerd Hall, Inc. (1111 McMullen Booth Road,
Clearwater, FL 33759; phone: 727-791-7060).
Location: 0.065 acres located on the southeast corner of Cleveland Street and
Osceola Avenue.
Atlas Page: 286B
Zoning: Downtown (D) District.
Request: Removal of historic designation of 401 Cleveland Street (Parcel
Number 16-29-15-20358-002-0071), under the provisions of Section 4-607.F
Existing Use: Office
Neighborhood Association(s): Downtown Development Board, Clearwater
Neighborhoods Coalition.
Presenter: Lauren Matzke, AICP, Long Range Planning Manager
See Exhibit: Staff Report HIS2012-00001 2012-09-18
Cases HIS2012-00001 and HIS2012-00002 were presented at the same time. See
above for additional discussion.
Member Barker declared a conflict of interest.
Member Dame moved to deny Case HIS2012-00002 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
with one condition that the CDB will reconsider the request if additional facts
demonstrate that restoration is not feasible.
In response to a comment, Steve Fowler, representing Ruth Eckerd Hall, said the
organization plans to restore the original façade, although the amount of original façade
that remains is unknown; the masonry building is approximately 100 years old. He
expressed concern it may be impossible to preserve the building as it would be difficult
to rehabilitate it sufficiently to meet current Code wind load standards. He said the
building would not need to meet current ADA (Americans with Disabilities Act)
standards but would require updated air-conditioning and electrical systems. If the
building can be saved, plans are to gut the interior.
Community Development 9/18/2012 5
Opposition was expressed to Ruth Eckerd Hall's proposal to feature a single
architectural style for the project. Comments were made that a mix of architectural
styles would provide a more attractive façade.
Ms. Clayton said the proposed alteration of the historic building's exterior is not
consistent with downtown guidelines.
The motion was duly seconded. Members Dame, Adelson, Hinrichs, and Carlough,
Acting Member van Weezel, and Chair Fritsch voted "Aye"; Member Barker abstained.
Motion carried.
Items not on the Agenda
It was requested that the CDB agenda discussion of Article III of the board's Rules and
Regulations regarding which member will chair a meeting when the Chair and Vice-
Chair are absent.
G. ADJOURNMENT
The meeting adjourned at 2:22 p.m.
hair
Attest/ Community Development Board
City of Clearwater
i -
hoard Rep,,
Community Development 9/18/2012 6
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME—FIRST NAME—MIDDLE NAME NAME OF BOARD,COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE
Barker,Brian Clearwater Community Development Board
MAILING ADDRESS THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON
4624 East Bay Drive,Suite 211 WHICH I SERVE IS A UNIT OF:
CITY COUNTY riCITY 0 COUNTY ❑OTHER LOCAL AGENCY
Clearwater, FL Pinellas NAME OF POLITICAL SUBDIVISION:
Clearwater
DATE ON WHICH VOTE OCCURRED MY POSITION IS:
September 18,2012 ❑ ELECTIVE p APPOINTIVE
WHO MUST FILE FORM 8B
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting
conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the
parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner,joint venturer, coowner of property, or corporate shareholder(where the shares of the corporation
are not listed on any national or regional stock exchange).
* * * * * * * * * * * * * * * *
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the meeting,who should incorporate the form in the minutes.
* * * * * * * * * * * * * * * *
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you
must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made
by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
• You must complete and file this form(before making any attempt to influence the decision)with the person responsible for recording the
minutes of the meeting,who will incorporate the form in the minutes. (Continued on other side)
•
APPOINTED OFFICERS (continued)
• A copy of the form must be provided immediately to the other members of the agency.
• The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You must disclose orally the nature of your conflict in the measure before participating.
• You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
Brian Barker , hereby disclose that on September 18 20 12
(a)A measure came or will come before my agency which(check one)
❑ inured to my special private gain or loss;
inured to the special gain or loss of my business associate, •
inured to the special gain or loss of my relative, •
HIS2012-00001 —405 Cleveland Street and HIS2012-00002—401 Cleveland Street
X inured to the special gain or loss of by
whom I am retained; or
A- vet),e t 4- Assoc caw
inured to the special gain or loss of ,which
is the parent organization or subsidiary of a principal which has retained me.
(b)The measure before my agency and the nature of my conflicting interest in the measure is as follows:
T Ke. oJoo 8r e - re-V--e-rn.L-ea_ n vs-frk
De wet 4. A 55a c t euezo, , LS -Fe r"-A9rnw-,g
c, U
y//r//z �=
Date Filed Signature
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED$10,000.
CE FORM 8B-EFF.1/2000 PAGE 2
EXHIBIT: STAFF MEMORANDUM FLD2012-06014 2012-09-18
MEMORANDUM
TO:
Community Development Board
FROM:
Mark T. Parry, Planner III
RE:
Request for Continuance to the March 2013 meeting
DATE:
September 18, 2012
The applicant requests a continuance of case FLD2012-06014 to the March 2013 meeting.
EXHIBIT: STAFF REPORT TA2012-04004 2012-09-18
CDB Meeting Date: September 18, 2012
Case Number: TA2012-04004
Ordinance Number: 8346-12
Agenda Item: E.1
CITY OF CLEARWATER
PLANNING & DEVELOPMENT DEPARTMENT
STAFF REPORT
REQUEST: Amendments to the Community Development Code – Ordinance No.
8346-12
INITIATED BY: City of Clearwater Planning and Development Department
BACKGROUND:
This amendment to the Community Development Code is the final step in a multi-step process to
remove requirements for school concurrency from the City’s planning documents after the
Florida Legislature passage of the Community Planning Act in 2011, which removed state-
mandated concurrency requirements for schools for all local governments. City Council
approved an amendment to the Public Schools Interlocal Agreement that eliminated the sections
related to the implementation of school concurrency at their June 20, 2012 meeting. These
amendments to the Interlocal Agreement were approved in April 2012 by the Pinellas Schools
Collaborative. On August 16, 2012, Council approved amendments to the Clearwater
Comprehensive Plan that deleted goals, objectives, policies and maps relating to school
concurrency. The proposed amendments to the Community Development Code eliminate
provisions related to the implementation of school concurrency.
ANALYSIS:
Proposed Ordinance No. 8346-12 includes the following amendments:
1.Deletes Public School Facilities as a measure with which to judge issuance of a certificate
of concurrency/capacity (see page 2 of proposed ordinance).
2.Deletes Section 4-905 in it’s entirely, which sets forth procedures for implementing
public school facilities concurrency (see pages 2-6 of proposed ordinance).
3.Deletes the following definitions (see pages 6-7 of proposed ordinance):
Concurrency service area(s)
Five year facilities work program
Public school interlocal agreement
School capacity and level of service report
School concurrency approval
School district
School facility, public school facility, or educational facility
Community Development Board – September 18, 2012
TA2012-04004 – Page 1
EXHIBIT: STAFF REPORT TA2012-04004 2012-09-18
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.
Since the Clearwater Comprehensive Plan was amended to delete goals, objectives, policies
and maps implementing school concurrency, it is now necessary to amend the Code to delete
school concurrency implementation language. These amendments will allow the Code to be
consistent with the Comprehensive Plan.
2.The proposed amendment furthers the purposes of the Community Development Code
and other City ordinances and actions designed to implement the Plan.
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.
It is the purpose of this Development Code to implement the Comprehensive Plan of the
city; to promote the health, safety, general welfare and quality of life in the city; to guide
the orderly growth and development of the city; to establish rules of procedure for land
development approvals; to enhance the character of the city and the preservation of
neighborhoods; and to enhance the quality of life of all residents and property owners of
the city. (CDC Section 1-103.A).
This amendment is in accordance with the preceding amendment to the Comprehensive Plan
which also removed provisions related to school concurrency implementation.
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. Based upon the above, the Planning and Development Department
APPROVAL
recommends of Ordinance No. 8346-12 that amends the Community Development
Code.
Prepared by Planning and Development Department Staff:
__________________________________________
Catherine Lee, Planner III
ATTACHMENT:
Ordinance No. 8346-12
S:\Planning Department\Community Development Code\2012 Code Amendments\TA2012-04004 - Public School Facilities\Staff Report\TA2012-
04004 CDB Staff Report.doc
Community Development Board – September 18, 2012
TA2012-04004 – Page 2
EXHIBIT: STAFF REPORT HIS2012-00001 2012-09-18
CDB Meeting Date: September 18, 2012
Case Number: HIS2012-00001
Owner/Applicant: City of Clearwater/Ruth Eckerd Hall, Inc.
Address: 405 Cleveland Street
Agenda Item: E-2
CITY OF CLEARWATER
PLANNING & DEVELOPMENT DEPARTMENT
STAFF REPORT
GENERAL INFORMATION
REQUEST:
Removal of historic designation of the Capitol Theatre (405
Cleveland Street)
PROPERTY SIZE:
6,272 square feet or 0.144 acres
PROPERTY USE:
Current Use: Indoor Recreation (Performing Arts Theater)
Proposed Use: Indoor Recreation (Performing Arts Theater)
PLAN CATEGORY:
Central Business District (CBD)
ZONING DISTRICT:
Downtown (D)
EXISTING
North: Office and Vacant
SURROUNDING USES:
West: Office and Mixed Use
South: Office
East: Retail
ANALYSIS
Background
This application involves property known as the Capitol Theatre located on the south side of
Cleveland Street, one property east of Osceola Avenue in Downtown Clearwater. The theater
opened in 1921 and was designed by local prominent architect Lester Avery and owned by John
S. Taylor, State Representative for Hillsborough County from 1905 – 1910. The theater was
designed for silent movies as well as live performances and has been at the heart of Clearwater’s
cultural and entertainment scene for many years. In 1960 the Capitol Theatre sustained
Community Development Board – September 18, 2012 - Case HIS2012-00001 -Page 1 of 8
significant damage from Hurricane Donna. Major building alterations occurred at that time and
its operation transitioned to a movie theater until closed in 1980. Since that time the building has
been used for a variety of purposes including local theater productions, youth programs, a social
dance center and a church.
Architecturally the building is an excellent example of the ornate Mediterranean Revival style.
The original building façade was stucco with decorative details and expressed as two stories.
Across the front of the building was a flat canopy and above that were three arches with radiating
glass panes. There was an elaborate bell-shaped parapet in the center and on each side were
elements that appeared to be corner towers. There were many architectural details in these areas
of the façade that gave the building a very unique and interesting appearance. Significant
changes have been made to the building’s original appearance.
To further downtown redevelopment efforts the City of Clearwater entered into a partnership
with Ruth Eckerd Hall, Inc. regarding the purchase, rehabilitation, operation and maintenance of
this property. Ruth Eckerd Hall, Inc. agreed to manage and operate the Capitol Theatre in
conjunction with the adjacent Clearwater Evening Sun Building as a performing arts facility, and
to work with the city in securing and providing funding necessary for construction, operation and
maintenance of both properties.
On December 3, 2009, City Council approved Ordinance No. 8119-09, designating this property
as historic, finding that the building qualified for the classification of “excellent,” based on the
standards for designation outlined in the Community Development Code Section 4-607.F.2 and
3. In addition to a report on the physical description and historical significance of the building
and historical photographs, preliminary renderings for the restoration of the Capitol Theater and
Clearwater Evening Sun Building were submitted with the application for historic designation.
Plans included replacing the theater façade’s architectural details and materials and replacing the
1940’s signage.
Since Council approval of the historic designation, Ruth Eckerd Hall, Inc. has modified their
plans for the renovation of both the Capitol Theatre and the adjacent Clearwater Evening Sun
Building. The proposed exterior renovation of the two buildings materially alters this historic
property (as well as the historic Clearwater Evening Sun Building). The modified renovation
architecturally integrates the façade of the subject property with that of the Clearwater Evening
Sun Building so the two buildings appear to be one building. This proposed renovation will give
a false historic representation of the subject property due to the architectural changes to the
building and the fact that the two buildings will be read as one, whereby the theater will appear
to be located on the corner of Cleveland Street and Osceola Avenue. The proposed renovation
will remove the character-defining features that give the Capitol Theatre its architectural
significance, thereby materially altering this historic property.
Community Development Code Division 10 Historic Preservation establishes standards for
approving changes to structures which have been designated historic, requiring certificates of
appropriateness to materially alter a historic property. Pursuant to Community Development
Code Section 3-1002, a historic property may be materially altered or relocated only after a six-
month written notice to the community development board by the property owner. Furthermore,
during the waiting period, the Code specifies “the City may conduct negotiations with the owner,
obtain a historic easement, or take appropriate action in order to preserve the property.” Instead
Community Development Board – September 18, 2012 - Case HIS2012-00001 - Page 2 of 8
of following this process or requesting a certificate of appropriateness, Ruth Eckerd Hall, Inc. is
requesting to de-designate this historic property.
Standards for Removal of Designation
Community Development Code Section 4-607.F. addresses the standards for historic
designation, including criteria for evaluating proposed historic properties and classification
levels related to how many of the criteria are satisfied. As stated, it was previously determined
that the Capitol Theatre could be classified as “excellent” because it satisfied three of the four
criteria outlined in the Code.
Community Development Code Section 4-607.G. Removal of designation states, “The removal
of the historic designation from a property or district shall follow the same procedures as were
used for its designation.” The Code, however, does not include different criteria to be considered
when a request is received to remove a historic designation.
Consistency with Criteria for Evaluating Proposed Historic Properties
The original request for historical designation evaluated the building against four criteria.
Because there is no specific set of criteria by which to evaluate the proposed removal of this
designation, this report will review the original findings and provide updated information from
the designation application.
Recommended Findings of Fact
The following criteria were used in evaluating the historic designation of the Capitol Theatre.
Whether the property is associated with events that have made a significant contribution to
the broad pattern of city, state or national history [CDC Section 4-607.F.2.a].
The Capitol Theatre’s contributions to the history of Clearwater are significant as it was the
cultural and entertainment center of the City and occupied a prime location on Clearwater’s
main street. Opening in 1921, the theater was equipped for live performances and silent
movies and was known to accommodate first run movies and traveling vaudeville acts.
During World War II the theater organized events called “Bank Night” whereby war bonds
were sold as part of cash prize lottery drawings enticing many people to attend the theater.
The Capitol Theatre sustained significant damage from Hurricane Donna in 1960 and the
repairs greatly changed the theater’s appearance. The building reopened as a movie theater
after the renovations and operated until 1980. In 1981 the Royalty Theater Company re-
established the property as a venue for the performing arts and changed the name to the
Royalty Theater. By 1995 the Royalty Theater was closed and the building was subsequently
used for a variety of purposes including youth programming, a social and sports dancing
center and lastly a church. [Included in 2009 staff report accompanying request for
designation]
Community Development Board – September 18, 2012 - Case HIS2012-00001 - Page 3 of 8
Whether the property is associated with the lives of persons significant in history [CDC
Section 4-607.F.2.b].
The property proposed for designation was built by John S. Taylor, a son of one of the area’s
earliest homesteaders. He served as State Representative for Hillsborough County from 1905
to 1910. Mr. Taylor was vocal in his support of the separation of Pinellas County from
Hillsborough County and lobbied the Florida Legislature to that end. His efforts were
successful and in 1911 Pinellas County was created. The Capitol Theatre remained in the
Taylor family estate until 1996. [Included in 2009 staff report accompanying request for
designation]
Whether the property possesses distinctive characteristics of a type, period or method of
construction or the representation of the work of a master, or the possession of artistic values
[CDC Section 4-607.F.2.c].
The Capitol Theatre is an excellent example of the elaborate Mediterranean Revival style.
The building was very unique to Cleveland Street due to its materials and the significant use
of architectural details. The building had a stucco front face with a flat canopy attached to
the main wall that effectively divided the façade into two stories. On the ground floor two
storefronts flanked the theater entry. Above the canopy the façade had three distinctive
sections. In the center above the canopy were three compass arches with radiating glass
panes and a wide stone molding. Above that was an elaborate bell-shaped parapet with a
Baroque inspired cusped molding. The top center portion of the parapet included a Roman
temple frame containing a plaque with “Capitol Theatre” inscribed on it. Above that at the
top center of the parapet was a Palladian styled triple arch applied on a projecting sill and
clamshell-shaped console. To either side of the center, the building plane projected which
gave the second floor above the storefronts the appearance of corner towers. This area was
defined by double-hung sash windows with stone surrounds and projecting sills. Above the
windows were shed roofs covered in green barrel tile roof flanked by corner pillars with
molded cornices.
The Capitol Theatre was designed by Lester Avery, a prominent area architect. Mr. Avery
designed several area buildings as well as the Harbor Oaks development, a National Register
Historic District. He also designed buildings in Fort Lauderdale and Miami. The theater was
constructed by John and Ivan Phillipoff who also built the Coachman Building in 1916 and
the Roebling Estate in Belleair. In addition to being a builder, Ivan Phillipoff served a
Deputy Tax Assessor for Pinellas County. [Included in 2009 staff report accompanying
request for designation]
Since the 2009 historic designation, Ruth Eckerd Hall, Inc. has decided to pursue renovations
that do not meet the design guidelines established in the Downtown Clearwater
Redevelopment Plan for the rehabilitation of historic structures. The application requesting
removal of the historic designation states that design changes to the project will include the
incorporation of the 401 Cleveland Street (Clearwater Evening Sun Building) and 409
Cleveland Street buildings into the exterior design of the Capitol Theatre, and that the
“original ticket office, shops and overall look will not be maintained.” The application did
not include any further information as to why this change in design was made. There was no
compelling evidence as to why the historic designation should be removed included within
the application.
Community Development Board – September 18, 2012 - Case HIS2012-00001 - Page 4 of 8
Whether the property yielded or may be likely to yield information important in prehistory or
history. [CDC Section 4-607.F.2.d].
There is no evidence that the Capitol Theatre yields information important in prehistory or
history. [Included in 2009 staff report accompanying request for designation]
Recommended Conclusions of Law
At this time, the Capitol Theatre remains eligible for historic designation. The property is
associated with events that have made a significant contribution to the broad patterns of
Clearwater history and is associated with the lives of persons significant in Clearwater’s history.
Current plans would eliminate the distinctive characteristics of a type, period and method of
construction; however, the original plans submitted with the request for designation in 2009
demonstrated that it was possible to maintain and/or restore these architectural characteristics
while rehabilitating the interior of the Capitol Theatre and adjacent Clearwater Evening Sun
Building provide the amenities required of modern theaters (e.g., dressing rooms, concession
stands, and additional restrooms).
Classification of Property
Recommended Findings of Fact
Community Development Code Section 4-607.F.3 specifies that historic properties shall be
classified as exceptional, excellent, notable or of value as part of the scene depending on the
number of designation criteria met. Based on the findings of fact and conclusions of law made
above, the Capitol Theatre currently meets three out of the four designation criteria including:
association with events that have made a significant contribution to the broad patterns of history;
association with the lives of persons significant in history; and association with distinctive
characteristics of a type, period or method of construction. Where the previous proposed
restoration plans intended to return the building to its original appearance, the new plans,
according to the application, involve integrating the Capitol Theatre façade into that of the
adjacent Clearwater Evening Sun Building. These changes would materially alter the theater and
create a false representation of the building’s historic location.
Recommended Conclusions of Law
The Capitol Theatre is currently considered “excellent” as it meets the criteria established in
Community Development Code Section 4-607.F.a, b. and c. The proposed changes to the
exterior of the building would materially alter the historic character of the building as historic
materials would be covered and new architectural features added that create a false sense of
historical development. Changes to the façade of this degree would make it inappropriate for the
building to continue to be designated.
IMPACT OF HISTORIC DESGINATION
The historic designation of the Capitol Theatre in 2009 made it one of two locally designated
buildings in the city. The Florida Department of State Division of Historical Resources
Community Development Board – September 18, 2012 - Case HIS2012-00001 - Page 5 of 8
published a report titled “Economic Impacts of Historic Preservation in Florida” in 2010. This
report states that “Historic preservation activities in Florida, including the rehabilitation of
historic buildings, heritage tourism, the operation of history museums and activities generated by
Florida Main Street programs contribute some $6.3 billion annually to the state.” Additionally,
the report says, “The U.S. Advisory Council on Historic Preservation notes that historic
preservation is often cheaper than new construction, not only in the reconstruction process but
also in the return on investment brought through the revitalization of urban areas for both
residences and businesses. (U.S. Advisory Council on Historic Preservation, 2009).”
Several city plans contain policies related to the preservation and designation of structures within
the city, which can create a sense of place and time and maintain character that makes a city
unique.
Applicable Objectives and Policies from the Future Land Use Element of the Clearwater
Comprehensive Plan in support of the historic designation of the Clearwater Evening Sun
Building area as follows:
Policy A.5.5.2 - Preserve the unique qualities of Clearwater and its cultural heritage as
exemplified by historic buildings, landmarks, landscapes, streetscapes, lighting, and
building design.
Objective A.6.3 - The City shall encourage the implementation of historic overlay
districts, the maintenance of existing historic properties, and the preservation of existing
neighborhoods through the use of design guidelines and the implementation of the City’s
Community Development code.
Policy A.6.3.1 - The City Council shall consider designating historic properties and
districts within the City of Clearwater; designations shall be consistent with the standards
for designation found in the City’s Community Development Code. Procedures
identified in the Community Development Code should be amended to permit the City, in
addition to property owners, to initiate such designation.
Policy A.6.3.2 - Any changes to approved historic structures shall be approved by the
Community Development Board in accordance with the procedures and requirements
found in the Community Development Code.
The historic designation of the Capitol Theatre furthers the following policy of the Downtown
Clearwater Redevelopment Plan:
Policy 4: Renovation, rehabilitation and reuse of historic resources are encouraged. Flexibility
through the site plan review process should be utilized so that historic resources may
be retained and reused.
City plans also include policies related to the importance of economic development, particularly
in the downtown, which are relevant for consideration of the request to remove the historic
designation of the Capitol Theatre.
Applicable Objectives and Policies from the Future Land Use Element of the Clearwater
Comprehensive Plan as follows:
Community Development Board – September 18, 2012 - Case HIS2012-00001 - Page 6 of 8
Policy A.6.1.10 Clearwater will continue to support the tax increment financing program
and redevelopment efforts of the downtown area through activities of the economic
development office and actions of the City Council as the Community Redevelopment
Agency.
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.
The Downtown Clearwater Redevelopment Plan includes the following policy:
Policy 5: The City shall pursue various strategies, incentives and planning tools that will assist
in the preservation of historic resources.
The historic designation of this building requires any building improvements to be consistent
with the design guidelines established in the Downtown Clearwater Redevelopment Plan for the
rehabilitation of historic structures. Although it was anticipated that the historic designation of
the Capitol Theatre would strengthen the property’s eligibility to obtain historic preservation
grant/loan funding, Ruth Eckerd Hall, Inc. has indicated that historic preservation grant/loan
funding will not be required to complete the currently proposed project.
Strategy 20 of the Downtown Clearwater Redevelopment Plan supports locating a performing
arts theater in Downtown and providing assistance, as needed, with land acquisition, land
assembly, building rehabilitation and parking facilities development to support the use. In 2009,
the staff report stated that the historic designation of the Capitol Theatre would further
implementation of this policy. However, removal of the designation does not adversely affect
the implementation of this policy.
The Introduction of the Downtown Clearwater Redevelopment Plan identifies the purpose of the
plan, and states several reasons why a project like the designation and renovation of the Capitol
Theatre are important to the city:
There are several good reasons that downtown revitalization is important to all
Clearwater citizens. First, every city should have a unique place that fosters community
interaction and fun. Downtown should and can be that place for Clearwater residents
and tourists alike. Second, Downtown Clearwater is a reflection of how our forefathers
lived, worked and shopped. Clearwater’s past can be seen in its historic buildings in and
around Downtown and historic Coachman Park. We cannot envision and plan for the
future unless we are mindful of our past learning from our successes and failures.
SUMMARY AND RECOMMENDATION
The removal of the historic designation of the Capitol Theatre was requested by Ruth Eckerd
Hall, Inc. The building is an excellent example of the ornate Mediterranean Revival style and
one of the most significant buildings in downtown Clearwater. It served as the cultural heart of
Clearwater for many years and was one of the primary venues for motion pictures and live
theater in the area. It was designed by Lester Avery, a prominent area architect and owned by
Community Development Board – September 18, 2012 - Case HIS2012-00001 - Page 7 of 8
John S. Taylor, son of one of the first homesteaders in the Clearwater area and influential figures
in the creation of a separate Pinellas County. The Capitol Theatre is a historic property that
qualifies for the classification of “excellent” pursuant to the Community Development Code.
Policies within the Clearwater Comprehensive Plan and the Downtown Clearwater
Redevelopment Plan emphasize the importance of designating and preserving historic buildings,
and were considered as part of the original application to designate the Capitol Theatre, and
Community Development Code Division 10 Historic Preservation provides alternate processes
for requesting alterations to a historic property.
Based on the above analysis, the Planning and Development Department recommends the
following action on the request:
DENIAL
Recommend of the request to remove the historic designation of 405 Cleveland
Street, the Capitol Theatre.
Prepared by Planning & Development Department staff: _______________________________
Lauren Matzke, AICP
Long Range Planning Manager
Attachments:
Resume
Application to Remove Historic Designation
Location Map
Aerial Photograph of Site and Vicinity
Zoning Map
Site Photographs
Community Development Board – September 18, 2012 - Case HIS2012-00001 - Page 8 of 8
EXHIBIT: STAFF REPORT HIS2012-00002 2012-09-18
CDB Meeting Date: September 18, 2012
Case Number: HIS2012-00002
Owner/Applicant: City of Clearwater/Ruth Eckerd Hall, Inc.
Address: 401 Cleveland Street
Agenda Item: E-3
CITY OF CLEARWATER
PLANNING & DEVELOPMENT DEPARTMENT
STAFF REPORT
GENERAL INFORMATION
REQUEST:
Removal of historic designation of the Clearwater Evening
Sun Building (401 Cleveland Street)
PROPERTY SIZE:
2,808 square feet or 0.065 acres
PROPERTY USE:
Current Use: Office Building
Proposed Use: Indoor Recreation (Performing Arts Theater)
PLAN CATEGORY:
Central Business District (CBD)
ZONING DISTRICT:
Downtown (D)
EXISTING
North: Office and Vacant
SURROUNDING USES:
West: Mixed Use
South: Office
East: Indoor Recreation (Performing Arts Theater) and
Retail
ANALYSIS
Background
This application involves a property known as the Clearwater Evening Sun Building located on
the southeast corner of Cleveland Street and Osceola Avenue in Downtown Clearwater. The
building was constructed in 1914 and housed one of Clearwater’s first newspapers, the
Clearwater Evening Sun, started by Willis B. Powell. Architecturally the building is an example
of commercial Masonry Vernacular with beautiful brick detailing and an interesting fenestration
Community Development Board – September 18, 2012 - Case HIS2012-00002 -Page 1 of 8
pattern of groups of four double-hung sash windows on each floor. The building has had
significant changes made to the exterior including the application of stucco, brick and vertical
wood siding as well as the addition of a balcony with wrought iron railing and oversized
clamshells awnings on the second floor. Most changes appear to be reversible.
To further downtown redevelopment efforts the City of Clearwater entered into a partnership
with Ruth Eckerd Hall, Inc. regarding the purchase, rehabilitation, operation and maintenance of
this property. Ruth Eckerd Hall, Inc. agreed to manage and operate the Clearwater Evening Sun
Building in conjunction with the adjacent Capitol Theatre as a performing arts facility, and to
work with the city in securing and providing funding necessary for construction, operation and
maintenance of both properties.
On December 3, 2009, City Council approved Ordinance No. 8118-09, designating this property
as historic, finding that the building qualified for the classification of “excellent,” based on the
standards for designation outlined in the Community Development Code Section 4-607.F.2 and
3. In addition to a report on the physical description and historical significance of the building
and historical photographs, preliminary renderings for the restoration of the Clearwater Evening
Sun Building and Capitol Theater were submitted with the application for historic designation.
Since Council approval of the historic designation, Ruth Eckerd Hall, Inc. has modified their
plans for the renovation of both the Clearwater Evening Sun Building and the adjacent Capitol
Theatre. The proposed exterior renovation of the two buildings materially alters this historic
property (as well as the historic Capitol Theatre). The modified renovation architecturally
integrates the façade of the subject property with that of the Capitol Theatre so the two buildings
appear to be one building. This proposed renovation will give a false historic representation of
the subject property due to the architectural changes to the building and the fact that the two
buildings will be read as one. The proposed renovation will remove the character-defining
features that give the Clearwater Evening Sun Building its architectural significance, thereby
materially altering this historic property.
Community Development Code Division 10 Historic Preservation establishes standards for
approving changes to structures which have been designated historic, requiring certificates of
appropriateness to materially alter a historic property. Pursuant to Community Development
Code Section 3-1002, a historic property may be materially altered or relocated only after a six-
month written notice to the community development board by the property owner. Furthermore,
during the waiting period, the Code specifies “the City may conduct negotiations with the owner,
obtain a historic easement, or take appropriate action in order to preserve the property.” Instead
of following this process or requesting a certificate of appropriateness, Ruth Eckerd Hall, Inc. is
requesting to de-designate this historic property.
Standards for Removal of Designation
Community Development Code Section 4-607.F. addresses the standards for historic
designation, including criteria for evaluating proposed historic properties and classification
levels related to how many of the criteria are satisfied. As stated, it was previously determined
that the Clearwater Evening Sun Building could be classified as “excellent” because it satisfied
three of the four criteria outlined in the Code.
Community Development Board – September 18, 2012 - Case HIS2012-00002 - Page 2 of 8
Community Development Code Section 4-607.G. Removal of designation states, “The removal
of the historic designation from a property or district shall follow the same procedures as were
used for its designation.” The Code, however, does not include different criteria to be considered
when a request is received to remove a historic designation.
Consistency with Criteria for Evaluating Proposed Historic Properties
The original request for historical designation evaluated the building against four criteria.
Because there is no specific set of criteria by which to evaluate the proposed removal of this
designation, this report will review the original findings and provide updated information from
the designation application.
Recommended Findings of Fact
The following criteria were used in evaluating the historic designation of the Clearwater Evening
Sun Building.
Whether the property is associated with events that have made a significant contribution to
the broad pattern of city, state or national history [CDC Section 4-607.F.2.a].
The Clearwater Evening Sun Building has contributed to the history of Clearwater in several
important ways. It has had a major influence on the social and community life of Clearwater
both through its key location on Cleveland Street, the City’s main street, and through its
important commercial tenants. Of particular significance is its original occupant, the
Clearwater Evening Sun, one of the City’s first newspapers. The building has also housed
several very prominent businesses with long tenancies including the Betty Lane Dress Shop
(almost 20 years) and most recently Pat Lokey (approximately 10 years). [Included in 2009
staff report accompanying request for designation]
Whether the property is associated with the lives of persons significant in history [CDC
Section 4-607.F.2.b].
The property proposed for designation was the home of the Clearwater Evening Sun founded
in 1914 by Willis B. Powell. Prior to that, Mr. Powell owned the Independent, a weekly
newspaper founded in 1906. In 1907 Mr. Powell changed the paper’s format and it became
St. Petersburg’s first daily newspaper, the Evening Independent. The newspaper’s editorials
and the owner’s political influences contributed to the separation of Pinellas County from
Hillsborough County in 1912 and the designation of Clearwater as the county seat in 1917.
David O. Batchelor bought the Clearwater Evening Sun in 1916 and operated it until he sold
it and the building in 1924. The property ultimately reverted back to Mr. Batchelor during
the Great Depression and remained in the Batchelor family until 1977. [Included in 2009
staff report accompanying request for designation]
Whether the property possesses distinctive characteristics of a type, period or method of
construction or the representation of the work of a master, or the possession of artistic values
[CDC Section 4-607.F.2.c].
After the fire of 1910 that destroyed all of the commercial wooden structures on the north
side of Cleveland Street in the block between Ft. Harrison and Osceola Avenues, all
Community Development Board – September 18, 2012 - Case HIS2012-00002 - Page 3 of 8
structures had to be constructed of masonry or brick construction. The Clearwater Evening
Sun Building had to comply with this new requirement and is an outstanding example of
commercial Masonry Vernacular. The building is a two-story structure built of red brick
with decorative brickwork in horizontal and vertical patterns. Its fenestration is arranged in
groups of four double-hung sash windows on each floor. A total of five bays are located
along Osceola Avenue and one bay along Cleveland Street. The building also had a metal
canopy on the Cleveland Street façade supported by chains. [Included in 2009 staff report
accompanying request for designation]
Since the 2009 historic designation, Ruth Eckerd Hall, Inc. has decided to pursue renovations
that do not meet the design guidelines established in the Downtown Clearwater
Redevelopment Plan for the rehabilitation of historic structures. The application requesting
removal of the historic designation states that design changes to the project will include the
elimination of “the commercial Masonry Vernacular architecture (red brickwork detailing,
siding, arched openings, windows, and balcony),” in order to seamlessly incorporate the
façade into the exterior design of the Capitol Theater. The application did not include any
further information as to why this change in design was made. There was no compelling
evidence as to why the historic designation should be removed included within the
application.
Whether the property yielded or may be likely to yield information important in prehistory or
history. [CDC Section 4-607.F.2.d].
There is no evidence that the Clearwater Evening Sun Building yields information important
in prehistory or history. [Included in 2009 staff report accompanying request for
designation]
Recommended Conclusions of Law
At this time, the Clearwater Evening Sun Building remains eligible for historic designation. The
property is associated with events that have made a significant contribution to the broad patterns
of Clearwater history and is associated with the lives of persons significant in Clearwater’s
history. Current plans would eliminate the distinctive characteristics of a type, period and
method of construction; however, the original plans submitted with the request for designation in
2009 demonstrated that it was possible to maintain and/or restore these architectural
characteristics while rehabilitating the interior of the Clearwater Evening Sun Building to serve
as lobby space and other functions related with the operation of the restored Capitol Theatre next
door.
Classification of Property
Recommended Findings of Fact
Community Development Code Section 4-607.F.3 specifies that historic properties shall be
classified as exceptional, excellent, notable or of value as part of the scene depending on the
number of designation criteria met. Based on the findings of fact and conclusions of law made
above, the Clearwater Evening Sun Building currently meets three out of the four designation
criteria including: association with events that have made a significant contribution to the broad
patterns of history; association with the lives of persons significant in history; and association
Community Development Board – September 18, 2012 - Case HIS2012-00002 - Page 4 of 8
with distinctive characteristics of a type, period or method of construction. Where the previous
proposed restoration plans intended to return all the significant character-defining features and
details of the building to their original appearance, the new plans, according to the application,
involve integrating the Clearwater Evening Sun Building façade into that of the adjacent Capitol
Theatre. These changes would materially alter this building.
Recommended Conclusions of Law
The Clearwater Evening Sun Building is currently considered “excellent” as it meets the criteria
established in Community Development Code Section 4-607.F.a, b. and c. The proposed changes
to the exterior of the building would materially alter the historic character of the building as
historic materials would be covered and new architectural features added that create a false sense
of historical development. Changes to the façade of this degree would make it inappropriate for
the building to continue to be designated.
IMPACT OF HISTORIC DESGINATION
The historic designation of the Clearwater Evening Sun Building in 2009 made it the first locally
designated building in the city. The Florida Department of State Division of Historical
Resources published a report titled “Economic Impacts of Historic Preservation in Florida” in
2010. This report states that “Historic preservation activities in Florida, including the
rehabilitation of historic buildings, heritage tourism, the operation of history museums and
activities generated by Florida Main Street programs contribute some $6.3 billion annually to the
state.” Additionally, the report says, “The U.S. Advisory Council on Historic Preservation notes
that historic preservation is often cheaper than new construction, not only in the reconstruction
process but also in the return on investment brought through the revitalization of urban areas for
both residences and businesses. (U.S. Advisory Council on Historic Preservation, 2009).”
Several city plans contain policies related to the preservation and designation of structures within
the city, which can create a sense of place and time and maintain character that makes a city
unique.
Applicable Objectives and Policies from the Future Land Use Element of the Clearwater
Comprehensive Plan in support of the historic designation of the Clearwater Evening Sun
Building area as follows:
Policy A.5.5.2 - Preserve the unique qualities of Clearwater and its cultural heritage as
exemplified by historic buildings, landmarks, landscapes, streetscapes, lighting, and
building design.
Objective A.6.3 - The City shall encourage the implementation of historic overlay
districts, the maintenance of existing historic properties, and the preservation of existing
neighborhoods through the use of design guidelines and the implementation of the City’s
Community Development code.
Policy A.6.3.1 - The City Council shall consider designating historic properties and
districts within the City of Clearwater; designations shall be consistent with the standards
for designation found in the City’s Community Development Code. Procedures
Community Development Board – September 18, 2012 - Case HIS2012-00002 - Page 5 of 8
identified in the Community Development Code should be amended to permit the City, in
addition to property owners, to initiate such designation.
Policy A.6.3.2 - Any changes to approved historic structures shall be approved by the
Community Development Board in accordance with the procedures and requirements
found in the Community Development Code.
The historic designation of the Clearwater Evening Sun Building furthers the following policy of
the Downtown Clearwater Redevelopment Plan:
Policy 4: Renovation, rehabilitation and reuse of historic resources are encouraged. Flexibility
through the site plan review process should be utilized so that historic resources may
be retained and reused.
City plans also include policies related to the importance of economic development, particularly
in the downtown, which are relevant for consideration of the request to remove the historic
designation of the Clearwater Evening Sun Building.
Applicable Objectives and Policies from the Future Land Use Element of the Clearwater
Comprehensive Plan as follows:
Policy A.6.1.10 Clearwater will continue to support the tax increment financing program
and redevelopment efforts of the downtown area through activities of the economic
development office and actions of the City Council as the Community Redevelopment
Agency.
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.
The Downtown Clearwater Redevelopment Plan includes the following policy:
Policy 5: The City shall pursue various strategies, incentives and planning tools that will assist
in the preservation of historic resources.
The historic designation of this building requires any building improvements to be consistent
with the design guidelines established in the Downtown Clearwater Redevelopment Plan for the
rehabilitation of historic structures. Although it was anticipated that the historic designation of
the Clearwater Evening Sun Building would strengthen the property’s eligibility to obtain
historic preservation grant/loan funding, Ruth Eckerd Hall, Inc. has indicated that historic
preservation grant/loan funding will not be required to complete the currently proposed project.
Strategy 20 of the Downtown Clearwater Redevelopment Plan supports locating a performing
arts theater in Downtown and providing assistance, as needed, with land acquisition, land
assembly, building rehabilitation and parking facilities development to support the use. In 2009,
the staff report stated that the historic designation of the Clearwater Evening Sun Building would
further implementation of this policy. However, removal of the designation does not adversely
affect the implementation of this policy.
Community Development Board – September 18, 2012 - Case HIS2012-00002 - Page 6 of 8
The Introduction of the Downtown Clearwater Redevelopment Plan identifies the purpose of the
plan, and states several reasons why a project like the designation and renovation of the
Clearwater Evening Sun Building are important to the city:
There are several good reasons that downtown revitalization is important to all
Clearwater citizens. First, every city should have a unique place that fosters community
interaction and fun. Downtown should and can be that place for Clearwater residents
and tourists alike. Second, Downtown Clearwater is a reflection of how our forefathers
lived, worked and shopped. Clearwater’s past can be seen in its historic buildings in and
around Downtown and historic Coachman Park. We cannot envision and plan for the
future unless we are mindful of our past learning from our successes and failures.
SUMMARY AND RECOMMENDATION
The removal of the historic designation of the Clearwater Evening Sun Building was requested
by Ruth Eckerd Hall, Inc. The building, one of two designated locally as historic, remains an
excellent example of commercial Masonry Vernacular and is one of the oldest commercial
buildings in downtown. It was the home of one of Clearwater’s first newspaper and is associated
with Willis B. Powell and the Batchelor family both of whom are both important to Clearwater’s
history. The Clearwater Evening Sun Building is a historic property that qualifies for the
classification of “excellent.” Policies within the Clearwater Comprehensive Plan and the
Downtown Clearwater Redevelopment Plan emphasize the importance of designating and
preserving historic buildings, and were considered as part of the original application to designate
the Clearwater Evening Sun Building, and Community Development Code Division 10 Historic
Preservation provides alternate processes for requesting alterations to a historic property.
Based on the above analysis, the Planning and Development Department recommends the
following action on the request:
DENIAL
Recommend of the request to remove the historic designation of 401 Cleveland
Street, the Clearwater Evening Sun Building.
Prepared by Planning & Development Department staff: _______________________________
Lauren Matzke, AICP
Long Range Planning Manager
Attachments:
Resume
Application to Remove Historic Designation
Location Map
Aerial Photograph of Site and Vicinity
Zoning Map
Community Development Board – September 18, 2012 - Case HIS2012-00002 - Page 7 of 8
Site Photographs
Community Development Board – September 18, 2012 - Case HIS2012-00002 - Page 8 of 8
O
}u_ Uearwater
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Interdepartmental Correspondence Sheet
TO: Community Development Board Members
FROM: Robert Tefft,Development Review Manager
COPIES: Leslie Dougall-Sides, Assistant City Attorney; Susan Chase, Documents and Records
Specialist,/Pat Sullivan,Board Reporter
SUBJECT: Agenda Items for September 18,2012
DATE: September 11,2012
CDB packets being distributed contain the following
Site investigation form
Unapproved minutes of previous meeting July 17,2012
Agenda
Request to Continue to the March 19,2013 meeting(Items 1)
1. Case: FLD2012-06014—407 South Arcturas Avenue
Level Three Applications (Items 1-3)
1. Case: T)01 4004—Amendments to the Community Development Code
Yes No
2. Case: HIS201200001 —405 Cleveland Street
Yes / No
3. Case: H1S201 0001 —401 Cleveland Street
Yes No
I have conducted a personal investi'ation on the personal site visit to the follow• g pro,erties.
Signature: 11 \ Date:
P Z
K,A. ..c ( ``1,pct, CAS
PRINT NAME
S:IPlannrng Department\C D BlAgendas DRC&CDBICDBI2012109 September 18,201211 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 September 18,2012
DATE: September 11,2012
CDB packets being distributed contain the following
Site investigation form
Unapproved minutes of previous meeting July 17,2012
Agenda
Request to Continue to the March 19, 2013 meeting(Items 1)
1. Case: FLD2012-06014—407 South Arcturas Avenue
Level Three Applications (Items 1-3)
1. Case: TA2012-04004—Amendments to the Community Development Code
Yes No
2. Case: HIS2012-00001 —405 Cleveland Street
Yes No
3. Case: HIS2012-00001 —401 Cleveland Street
Yes No
I have conduc¢d a rso l inesti io n the personal site visit to the following properties.
.Signature: I Date: 7 y, )‘_,
k Cd7e( c, L2 , /72---
PRINT NAME
S.•\Planning Department\C D BlAgendas DRC&CDBICDBI2012109 September 18,201211 Cover MEMO 2012.doc
LL
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_} Uearwater
Interdepartmental Correspondence Sheet
TO: Community Development Board Members
FROM: Robert Tefft, Development Review Manager
COPIES: Leslie Dougall-Sides, Assistant City Attorney; Susan Chase, Documents and Records
Specialist,/Pat Sullivan,Board Reporter
SUBJECT: Agenda Items for September 18,2012
DATE: September 11,2012
CDB packets being distributed contain the following
Site investigation form
Unapproved minutes of previous meeting July 17,2012
Agenda
Request to Continue to the March 19,2013 meeting(Items 1)
1. Case: FLD2012-06014—407 South Arcturas Avenue
Level Three Applications (Items 1-3)
1. Case: TA2012-04004—Amendments to the Compi • Development Code
Yes No
2. Case: HIS2012-00001 —405 Cleveland Street
Yes / No
3. Case: HIS2012-00001 —401 Cleveland Street
Yes V1 No
I have conclude/ a personal invest:!,,tion on the personal site visit to the following properties.
Signature: , ` Jr /161, Date: t v' 13—
- �.
L {. I T�
PRINT NAME
S.(Planning Department\C D BlAgendas DRC&CDBICDBI2012109 September 18,201211 Cover MEMO 2012.doc
LL
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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 September 18,2012
DATE: September 11,2012
CDB packets being distributed contain the following
Site investigation form
Unapproved minutes of previous meeting July 17,2012
Agenda
Request to Continue to the March 19,2013 meeting(Items 1)
1. Case: FLD2012-06014—407 South Arcturas Avenue
Level Three Applications (Items 1-3)
1. Case: TA2012-04004—Amendments to the Community Development Code
Yes No
2. Case: HIS2012-00001 —405 Cleveland Street
Yes No
3. Case: HIS2012-00001 —401 Cleveland Street
Yes f' '; No
I have conducted a •ersonal investi'ation on the •ersonal si ' isit to thejollowing properties.
Signature: `, ` ! ,te: Or//2-_,
ro
AY) 3Ar,-er
PRINT NAME
S:\Planning Department1C D BlAgendas DRC&CDBICDBI2012109 September 18,201211 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 September 18,2012
DATE: September 11,2012
CDB packets being distributed contain the following
Site investigation form
Unapproved minutes of previous meeting July 17,2012
Agenda
Request to Continue to the March 19,2013 meeting(Items 1)
1. Case: FLD2012-06014—407 South Arcturas Avenue
Level Three Applications (Items 1-3)
1. Case: TA20 - 4I41—Amendments to the Community Development Code
Yes No
2. Case: HIS2012-00001 —405 Cleveland Street
Yes . No
3. Case: HIS2012-00001 —401 Cleveland Street
Yes / No
I have conducted , 1 ers t , investig t 1 n on the personal site visit to the following properties.
Signature: Date: f r o Z
ric klaldi u t.) LA 1ReZ /
PRINT NAME
S:\Planning DepartmentlC D BlAgendas DRC&CDBICDB12012109 September 18,201211 Cover MEMO 2012.doc
LL
ci çaater
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 September 18,2012
DATE: September 11,2012
CDB packets being distributed contain the following
Site investigation form
Unapproved minutes of previous meeting July 17,2012
Agenda
Request to Continue to the March 19,2013 meeting(Items 1)
1. Case: FLD2012-06014—407 South Arcturas Avenue
Level Three Applications (Items 1-3)
1. Case: TA2012-04004—Amendm-nts to the Community Development Code
Yes No A'
2. Case: HIS2012-00001 —405 Cleveland Street
Yes No
3. Case: HIS2012-00001 —401 Cleveland Street
Yes No
I have conducted I , ' ,, • estigation on the personal site visit to the followin'properties.
Signature: .... � Date: /7,/
PRINT NAME
S:(Planning Department\C D BlAgendas DRC&CDBICDB12012109 September 18,201211 Cover MEMO 2012.doc