01/15/2013
COMMUNITY DEVELOPMENT BOARD MEETING MINUTES
CITY OF CLEARWATER
January 15, 2013
Present: Chair Nicholas C. Fritsch, Vice-Chair Thomas Coates, Member Frank L.
Dame, Member Richard Adelson, Member Brian A. Barker, Member Kurt B. Hinrichs,
Member Norma R. Carlough, Alternate Member Donald van Weezel
Also Present: Attorney for the Board Gina Grimes, Assistant City Attorney Leslie
Dougall-Sides, Planning & Development Director Michael Delk, Development Review
Manager Robert Tefft, Board Reporter Patricia O. Sullivan
A. CALL TO ORDER, INVOCATION, PLEDGE OF ALLEGIANCE
The Chair called the meeting to order at 1:00 p.m.
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: December18, 2012
Member Carlough moved toapprove the minutes of the regular Community
Development Board meeting of December 18, 2012, as recorded and submitted in
written summation to each board member. The motion was duly seconded and carried
unanimously. Alternate Member van Weezel did not vote.
D. CONSENT AGENDA: The following cases are not contested by the
applicant, staff, neighboring property owners, etc. and will be approved by
a single vote at the beginning of the meeting (Items 1-5):
1. Case: FLD2012-09016- 1960 Gulf-to-Bay Boulevard Level Two Application
Owner: Haddad Florida Realty, LLC.
Agent: Robert W. Case; LIS Engineering, LLC. (21430 Palm Beach Boulevard,
Alva, FL 33920; phone: (239) 693-9244; email: bobc@lisengineering.us)
Location: 0.75 acre on the northeast corner of Gulf-to-Bay Boulevard and South
Comet Avenue
Atlas Page: 289A
Zoning: Commercial (C) District
Request: Flexible Development application to permit a restaurant with a height of
22 feet, a front (west) setback of three feet (to drive-thru lane) and 16 feet (to
building), a front (south) setback of 10 feet (to drive-thru lane) and 39 feet (to
Community Development 1/15/2013 1
building), a side (east) setback of one foot (to parking) and 48.5 feet (to building),
a side (north) setback of 10 feet (to parking and dumpster enclosure) and 149
feet (to building) and 28 parking spaces (8.81 spaces per 1,000 square-feet of
Gross Floor Area) in the Commercial (C) District as a Comprehensive Infill
Redevelopment Project under the provisions of Community Development Code
(CDC) Section 2-704.C. and to reduce the front (west) landscape buffer from 10
feet to three feet (to drive-thru lane), reduce the front (south) landscape buffer
from 15 feet to 10 feet (to drive-thru lane), reduce the side (east) landscape
buffer from five feet to one foot, increase the number of parking spaces in a row
from 10 spaces to 11 spaces and eliminate the required foundation plantings
along the front (west) façade of the proposed building as part of a
Comprehensive Landscape Program under the provisions of CDC Section 3-
1202.G.
Proposed Use: Restaurant
Neighborhood Associations: Clearwater Neighborhoods Coalition, and Skycrest
Neighborhood Association
Presenter: Mark T. Parry, Planner III
See Exhibit: Staff Report FLD2012-09016 2013-01-15
See page 4 for motion of approval.
2. Case: FLD2012-11023 - 655 South Gulfview Boulevard Level Two Application
Owner: Clearwater Grande Development, LLC
Agent: Housh Ghovaee, CEO and Renee Ruggiero, Senior Project Planner,
Northside Engineering Services, Inc. (300 S. Belcher Road, Clearwater, FL
33765; phone: 727-446-8036; email: Renee@northsideengineering.net)
Location: 0.63 acre on the south side of S. Gulfview Boulevard, approximately
894 feet west of Gulf Boulevard
Atlas Page: 285A
Zoning: Tourist (T) District
Request: Flexible Development application to permit a 91-room overnight
accommodation use in the Tourist (T) District with a lot area of 27,446 square-
feet (0.63 acres), a lot width of 83.97 feet along South Gulfview Boulevard, front
(north) setbacks of zero feet (to existing brick pavers), 0.8 feet (to existing
covered wood deck), 8.1 feet (to proposed structure), and 19.7 feet (to existing
building); side (east) setbacks of zero feet (to existing wood frame structure), 6.5
feet (to structure), and 10 feet (to existing building); side (west) setbacks of zero
feet (to proposed canopy), four feet (to existing pavement), and 5.6 feet (to
existing structure); rear (south) setbacks of zero feet (to existing brick paver pool
deck), 14 feet (to cover wood structure), and 26.6 feet (to existing building); a
building height of 49.5 feet (from Base Flood Elevation to top of roof); and five
off-street parking spaces as a Comprehensive Infill Redevelopment Project
pursuant to Community Development Code Section 2-803.D; and an increase in
Community Development 1/15/2013 2
the maximum allowable density through the allocation of 60 overnight
accommodation units from the Hotel Density Reserve created pursuant to Beach
by Design; as well as a reduction to the required foundation landscaping width
along South Gulfview Boulevard from five feet to zero feet as part of a
Comprehensive Landscape Program pursuant to Community Development Code
Section 3-1202.G.
Proposed Use: Overnight Accommodations
Neighborhood Associations: Clearwater Beach Association and Clearwater
Neighborhoods Coalition
Presenter: Kevin W. Nurnberger, Planner III
See Exhibit: Staff Report FLD2012-11023 2013-01-15
See page 4 for motion of approval.
3. Case: FLD2012-11024 - 635 South Gulfview Boulevard Level Two Application
Owner: Clearwater Grande Development, LLC
Agent: Housh Ghovaee, CEO and Renee Ruggiero, Senior Project Planner,
Northside Engineering Services, Inc. (300 S. Belcher Road, Clearwater, FL
33765; phone: 727-446-8036; email: Renee@northsideengineering.net)
Location: 0.80 acre on the south side of S. Gulfview Boulevard, approximately
977.97 feet west of Gulf Boulevard
Atlas Page: 285A
Zoning: Tourist (T) District
Request: Flexible Development application to permit a 116-room overnight
accommodation use in the Tourist (T) District with a lot area of 35,174 square-
feet (0.80 acres), a lot width of 164.03 feet along South Gulfview Boulevard, front
(north) setbacks of zero feet (to pavement) and 4.8 feet (to building), side (east)
setbacks of zero feet (to pavement and canopy) and two feet (to building), side
(west) setbacks of zero feet (to pavement) and 8 feet (to building), rear (south)
setbacks of zero feet (to pavement) and 20.6 feet ( to building); a building height
of 150 feet (from Base Flood Elevation to roof slab) and 166 feet (to elevator
shaft room); and 247 off-street parking spaces as a Comprehensive Infill
Redevelopment Project pursuant to Community Development Code Section 2-
803.D; and an increase in the maximum allowable density through the allocation
of 76 overnight accommodation units from the Hotel Density Reserve created
pursuant to Beach by Design, as well as a reduction to the required foundation
landscaping width along South Gulfview Boulevard from five feet to 4.8 feet as
part of a Comprehensive Landscape Program pursuant to Community
Development Code Section 3-1202.G.
Proposed Use: Overnight Accommodations
Neighborhood Associations: Clearwater Beach Association and Clearwater
Neighborhoods Coalition
Presenter: Kevin W. Nurnberger, Planner III
Community Development 1/15/2013 3
See Exhibit: Staff Report FLD2012-11024 2013-01-15
Member Coates moved to approve Cases FLD2012-09016, FLD2012-11023, and
FLD2012-11024 on today’s Consent Agenda based on evidence in the record, including
the applications and the Staff Reports, and hereby adopt the Findings of Fact and
Conclusions of Law stated in the Staff Reports, with conditions of approval as listed.
The motion was duly seconded and carried unanimously. Alternate Member van
Weezel did not vote.
4. Case: DVA2012-11001 - 655 South Gulfview Boulevard Level Three Application
Owner: Clearwater Grande Development, LLC
Agent: Housh Ghovaee, CEO and Renee Ruggiero, Senior Project Planner;
Northside Engineering Services, Inc. (300 S. Belcher Road, Clearwater, FL
33765; phone: 727-446-8036; email: Renee@northsideengineering.net)
Location: 0.63 acre on the south side of S. Gulfview Boulevard, approximately
894 feet west of Gulf Boulevard
Atlas Page: 285A
Zoning: Tourist (T) District
Request: Review, and recommendation to the City Council, of a Development
Agreement between Clearwater Grande Development, LLC (the property owner)
and the City of Clearwater, providing for the allocation of 60 units from the Hotel
Density Reserve under Beach by Design.
Proposed Use: Overnight Accommodations
Neighborhood Associations: Clearwater Beach Association, Clearwater
Neighborhoods Coalition
Presenter: Kevin W. Nurnberger, Planner III
See Exhibit: Staff Report DVA2012-11001 2013-01-15
See page 5 for motion to recommend approval.
5. Case: DVA2012-11002 - 635 South Gulfview Boulevard Level Three Application
Owner: Clearwater Grande Development, LLC
Agent: Housh Ghovaee, CEO and Renee Ruggiero, Senior Project Planner;
Northside Engineering Services, Inc. (300 S. Belcher Road, Clearwater, FL
33765; phone: 727-446-8036; email: Renee@northsideengineering.net)
Location: 0.80 acre on the south side of S. Gulfview Boulevard, approximately
977.97 feet west of Gulf Boulevard
Atlas Page: 285A
Zoning: Tourist (T) District
Request: Review, and recommendation to the City Council, of a Development
Agreement between Clearwater Grande Development, LLC (the property owner)
Community Development 1/15/2013 4
and the City of Clearwater, providing for the allocation of 76 units from the Hotel
Density Reserve under Beach by Design.
Proposed Use: Overnight Accommodations
Neighborhood Associations: Clearwater Beach Association, Clearwater
Neighborhoods Coalition
Presenter: Kevin W. Nurnberger, Planner Ill
See Exhibit: Staff Report DVA2012-11002 2013-01-15
Member Coates moved to recommend approval of Cases DVA2012-11001 and
DVA2012-11002 on today's Consent Agenda based on evidence in the record, including
the applications and the Staff Reports, and hereby adopt the Findings of Fact and
Conclusions of Law stated in the Staff Reports. The motion was duly seconded and
carried unanimously. Alternate Member van Weezel did not vote.
E. ADJOURNMENT
The meeting adjourned at 1:13 p.m.
(00' Chair
Attest _C elopment Board
n/MA,Bard Reporter r
Community Development 1/15/2013 5
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Interdepartmental Correspondence Sheet
TO: Community Development Board Members
FROM: Robert Tefft, D welopment Review Manager
COPIES: Leslie Dougall-Sides, Assistant City Attorney; Susan Chase, Documents and Records
Specialist,/Pat Sullivan, Board Reporter
SUBJECT: Agenda Items for January 15,2013
DATE: January 08,201
CDB packets being distributed contain the following
Site investigation form
Unapproved minutes of previous meeting December 18,2012
Agenda
Level Two Applications (Items 1-3)
1. Case: FLD2012-09016— 1960 Gulf to B Boulevard Planner: Mark Parry, Planner III
Yes No
2. Case: FLD2012-1 1023—655 South Gulfview Boulevard Planner: Kevin Nurnberger,Planner III
Yes / No
3. Case: FLD2012- 1024—635 South Gulfview Boulevard Planner: Kevin Nurnberger, Planner III
Yes No
Level Three Applications (Items 1)
1. Case: DVA201 - 1001 —655 South Gulfview Boulevard Planner: Kevin Nurnberger,Planner III
Yes No
2. Case: DVA2Q1 11002—635 South Gulfview Boulevard Planner: Kevin Nurnberger, Planner III
Yes No
I have conducif ersonal investi?ation on the personal site visit to the following properties.
Signature. ,�1,��G 7 _ Date: /
N/d14/1. F---,-,-t-__<„.4.____
PRINT NAME
S:'IPlonning Department'('D B Agendas DRC&CDBICDB,.20l3llanuan 15,2013 1 Cover MEMO 2013.doc
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Interdepartmental Correspondence Sheet
TO: Community Development Board Members
FROM: Robert Tefft,Development Revie'v Manager
COPIES: Leslie Dougall-Sides, Assistant City Attorney; Susan Chase, Documents and Records
Specialist,/Pat Sullivan,Board Reporter
SUBJECT: Agenda Items for January 15,2013
DATE: January 08,201
CDB packets being distributed contain the following
Site investigation form
Unapproved minutes of previous meeting December 18,2012
Agenda
Level Two Applications (Items 1-3)
1. Case: FLD2012-09016— 1960 Gulf to Bay Boulevard Planner: Mark Parry, Planner III
Yes ,( No
2. Case: FLD2012-1 1023—655 South Gulfview Boulevard Planner: Kevin Nurnberger, Planner III
Yes No
3. Case: FLD2012-1 1024—635 South Gulfview Boulevard Planner: Kevin Numberger, Planner III
Yes No
Level Three Applications (Items 1)
1. Case: DVA2012-1 1001 —655 South Gulfview Boulevard Planner: Kevin Nurnberger,Planner III
Yes No
2. Case: DVA2012-11002—635 South Gulfview Boulevard Planner: Kevin Nurnberger, Planner III
Yes No
I have conducted a personal investigation on the personal site visit to the following properties.
Signature: Date: X15/i
2
riCHA gt' AVELSaN
PRINT NAME
S.Planning Department'C D BL9gendas DRC&CDBICDB12013 Januan 15,201311 Cover MEMO 2013.doc
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Interdepartmental Correspondence Sheet
TO: Community Development Board Members
FROM: Robert Tefft,Develc 2ment Review Manager
COPIES: Leslie Dougall-Sides, Assistant City Attorney; Susan Chase, Documents and Records
Specialist,/Pat Sullivan,Board Reporter
SUBJECT: Agenda Items for January 15,2013
DATE: January 08,201
CDB packets being distributed contain the following
Site investigation form
Unapproved minutes of previous meeting December 18,2012
Agenda
Level Two Applications (Items 1-3)
1. Case: FL 20 2-09016— 1960 Gulf to Bay Boulevard Planner: Mark Parry, Planner III
Yes No
2. Case: FLD2012-11023—655 South Gulfview Boulevard Planner: Kevin Nurnberger, Planner III
Yes No
3. Case: FLD2012-1 1024—635 South Gulfview Boulevard Planner: Kevin Nurnberger, Planner III
Yes Y No
Level Three Applications (Items 1)
1. Case: DVA201.2y11001 —655 South Gulfview Boulevard Planner: Kevin Nurnberger, Planner III
Yes No
2. Case: DVA2012,-1,1002—635 South Gulfview Boulevard Planner: Kevin Nurnberger, Planner III
Yes (�(� No
0
I have conducted a r erson ' vestigt on the personal site visit to the following properties.
Signature: I Date: / // '`f / 3
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PRINT NAME
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Intzrdepartmental Correspondence Sheet
TO: Community Development Board Members
FROM: Robert Tefft,Development Review Manager
COPIES: Leslie Dougall-Sides, Assistant City Attorney; Susan Chase, Documents and Records
Specialist,/Pat Sullivan,Board Reporter
SUBJECT: Agenda Items for January 15,2013
DATE: January 08,201
CDB packets being distributed contain the following
Site investigation form
Unapproved minutes of previous meeting December 18,2012
Agenda
Level Two Applications (Items 1-3)
1. Case: FLD2012-09016— 1960 Gulf to B_ay Boulevard Planner: Mark Parry, Planner III
Yes No
2. Case: FLD2012-1 1023—655 South Gulfview Boulevard Planner: Kevin Nurnberger, Planner III
Yes No
3. Case: FLD2012-11024—635 South Gulfview Boulevard Planner: Kevin Nurnberger, Planner III
Yes No X
Level Three Applications (Items 1)
1. Case: DVA2012-1 1001 —655 South Gulfview Boulevard Planner: Kevin Nurnberger, Planner III
Yes No
2. Case: DVA2012-11002—635 South Gulfview Boulevard Planner: Kevin Nurnberger, Planner III
Yes No
I have conducted a personal investigation on personal site visit to the following properties.
Signature: Date: //S.' 3
Pry .(4,--NAME
S:APlanning Department l'D Bl4gendas DR('&CDBICDBi2013 January 15,201311 Cover MEAR)2013.doc
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Int:rdepartmental Correspondence Sheet
TO: Community Development Board Members
FROM: Robert Tefft,Development Re%iew Manager
COPIES: Leslie Dougall-Sides, Assistant City Attorney; Susan Chase, Documents and Records
Specialist,/Pat Sullivan, Board Reporter
SUBJECT: Agenda Items for January 15,2013
DATE: January 08,201
CDB packets being distributed contain the following
Site investigation form
Unapproved minutes of previous meeting December 18,2012.
Agenda
Level Two Applications (Items 1-3)
1. Case: FL 2012-09016— 1960 Gulf to Bay Boulevard Planner: Mark Parry, Planner III
Yes No
2. Case: FLD2012-1 1023—65 South Gulfview Boulevard Planner: Kevin Nurnberger,Planner III
Yes No
3. Case: FLD2012-11024—635 S outh Gulfview Boulevard Planner: Kevin Nurnberger, Planner III N--1
Yes No
Level Three Applications (Items 1)
1. Case: DVA2012-1 1001 —655 Sout ulfview Boulevard Planner: Kevin Nurnberger, Planner III
Yes No
2. Case: DVA2012-11002—635 South ulfview Boulevard Planner: Kevin Nurnberger, Planner III
Yes No
I have conclude a rss, 1 in esti2a ion o the .ersonal site visit to the following properties.
Signature: _ 1 _A; �� Date: i . / Y- ' ( 3
li / � .®' 1 (,a rC{ l
PRINT NAME
S:(Planning Department'('D B■Agendas DR('&CDB■CDB■2013 Junuary 15.201311 Cover.'IL t10 2013.doc
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Interdepartmental Correspondence Sheet
TO: Community Development Board Members
FROM: Rober Tefft,Development Review Manager
COPIES: Leslie Dougall-Sides, Assistant City Attorney; Susan Chase, Documents and Records
Specialist,/Pat Sullivan,Board Reporter
SUBJECT: Agenda Items for January 15,2013
DATE: January 08,201
CDB packets being distributed contain the following
Site investigation form
Unapproved minutes of previous meeting December 18,2012
Agenda
Level Two Applications (Items 1-3)
1. Case: FLD20J2-09016- 1960 Gulf to Bay Boulevard Planner: Mark Parry, Planner III
Yes No
2. Case: FLD2012-1 1023-655 South Gulfview Boulevard Planner: Kevin Numberger,Planner III
Yes 11 No
3. Case: FLD2012-1 1024-635 South Gulfview Boulevard Planner: Kevin Numberger, Planner III
Yes - No
Level Three Applications (Items 1)
1. Case: DVA2012-1 1001 -655 South Gulfview Boulevard Planner: Kevin Numberger, Planner III
Yes No
2. Case: DVA2012- 1002-635 South Gulfview Boulevard Planner: Kevin Numberger, Planner III
Yes No
I have conducted ,a0A-finnisiti..esti2ation on the personal site visit to the following properties.
117F-447. -
Signature: ,tom Date: ///3/
PRINT NAME
S:,Planning Department,C D BtAgendas DRC&CDBICDB■ 013■ anuary 15.2013!1 Cover MEMO 2013.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 January 15,2013
DATE: January 08,201
CDB packets being distributed contain the following
Site investigation form
Unapproved minutes of previous meeting December 18,2012
Agenda
Level Two Applications (Items 1-3)
1. Case: FLD2 2-09016— 1960 Gulf to Bay Boulevard Planner: Mark Parry, Planner III
Yes No
2. Case: FLD201�2-1 1023—655 South Gulfview Boulevard Planner: Kevin Nurnberger, Planner III
Yes ��// No
3. Case: FL(D20112-11024—635 South Gulfview Boulevard Planner: Kevin Nurnberger, Planner III
Yes `' No
Level Three Applications (Items 1)
1. Case: DVA20'-1 1001 —655 South Gulfview Boulevard Planner: Kevin Nurnberger,Planner III
Yes No
2. Case: DVA2012-11002—635 South Gulfview Boulevard Planner: Kevin Nurnberger, Planner III
Yes No
I have conducted a g ers ma!investi!ation on the s ersonal site visit to the following properties.
Signature: Date: Z 1-27 0 I (5
PRINT NAME
S\Plai ing Department C D B&Agendas L RC&CDB CD&2013Vunuan 15.2013',1 Cover MEAIO 2013.doc
LL
Ckarwater
U
Interdepartmental Correspondence Sheet
TO: Community Development Board Members
FROM: Robert Tefft,Development Review Manager
COPIES: Leslie Dougall-Sides, Assistant City Attorney; Susan Chase, Documents and Records
Specialist,/Pat Sullivan,Board Reporter
SUBJECT: Agenda Items for January 15,2013
DATE: January 08,201
CDB packets being distributed contain the following
Site investigation form
Unapproved minutes of previous meeting December 18,2012
Agenda
Level Two Applications (Items 1-3)
1. Case: FLD2012- 16- 1960 Gulf to Bay Boulevard Planner: Mark Parry, Planner III
Yes v' No
2. Case: FLD2012-11023—655 South Gulfview Boulevard Planner: Kevin Nurnberger,Planner III
Yes No
3. Case: FLD2012-11024—635 South Gulfview Boulevard Planner: Kevin Nurnberger, Planner III
Yes No
Level Three Applications (Items 1)
1. Case: DVA2012-1 1001 —655 South Gulfview Boulevard Planner: Kevin Nurnberger,Planner III
Yes d_ice No
2. Case: DVA2012-1102—635 South Gulfview Boulevard Planner: Kevin Nurnberger, Planner III
Yes No
I have conducted as•ers i nal investi Lion on the personal site visit to thefollowin, ors erties.
Signature: 4" V Date: IN/( 3
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PRINT NAME
S:'Planning Department'C D B'Agendas DRC&(DB!CDB.2013 Januan 15.2013 11 Cover MEMO 2013 do(
COMMUNITY DEVELOPMENT BOARD
PLANNING AND DEVELOPMENT DEPARTMENT
STAFF REPORT
January 15, 2013
MEETING DATE:
D.1.
AGENDA ITEM:
FLD2012-09016
CASE:
Flexible Development application to permit a restaurant with a height of 22 feet, a
REQUEST:
front (west) setback of three feet (to drive-thru lane) and 16 feet (to building), a front
(south) setback of 10 feet (to drive-thru lane) and 39 feet (to building), a side (east)
setback of one foot (to parking) and 48.5 feet (to building), a side (north) setback of
10 feet (to parking and dumpster enclosure) and 149 feet (to building) and 28 parking
spaces (8.81 spaces per 1,000 square feet of Gross Floor Area) in the Commercial (C)
District as a Comprehensive Infill Redevelopment Project under the provisions of
Community Development Code (CDC) Section 2-704.C. and to reduce the front
(west) landscape buffer from 10 feet to three feet (to drive-thru lane), reduce the front
(south) landscape buffer from 15 feet to 10 feet (to drive-thru lane), reduce the side
(east) landscape buffer from five feet to one foot, increase the number of parking
spaces in a row from 10 spaces to 11 spaces and eliminate the required foundation
plantings along the front (west) façade of the proposed building as part of a
Comprehensive Landscape Program under the provisions of CDC Section 3-1202.G.
GENERAL DATA:
Robert W. Case; LIS Engineering, LLC.
Haddad Florida Realty, LLC.
1960 Gulf to Bay Boulevard; northeast
corner of Gulf to Bay Blvd. and S.
Comet Ave.
0.75 acres
Commercial General (CG)
Future Land Use Plan......
Commercial (C) District
None
Special Area Plan..............
High Density Residential (HDR) District
Adjacent Zoning.... North:
Institutional (I) District
South:
Commercial (C) District
East:
Commercial (C) District
West:
Restaurant (fast food); detached
Existing Land Use.............
dwelling; mixed use (retail sales and
service and attached dwellings; currently
vacant)
Restaurant (fast food)
PLANNING & DEVELOPMENT
Level II Flexible Development Application Review
DEVELOPMENT REVIEW DIVISION
ANALYSIS:
HARDING
ST
Site Location and Existing Conditions:
SR-590
DREWST
CR-528
The 0.75 acre site is located at the northeast
corner of Gulf to Bay Boulevard and South
Comet Avenue. The subject site will be
ST
comprised of three properties, required to be
joined together through a Unity of Title prior to
PROJECT
the issuance of any permits, with approximately
SITE
100 feet of frontage along Gulf to Bay
^
Boulevard and 280 feet of frontage along South
GULF-TO-BAYBLVD
Comet Avenue. A detached dwelling is located
within a single, 2,332 square foot one-story
Turner
ParkDr
N
ST
building on the northern parcel. This site is
accessed from South Comet Avenue via a
DRUID
RD
ONST
driveway and a narrow walkway. The central
DR
LOCATION MAP
parcel contains a single-story building with a DR
retail sales and service use and a two-story
215
212
211212209209
214212
212
building with office and retail sales and service
LMDR
218
uses on the bottom floor and two dwelling units
on the second floor. The two buildings are
300
301
301
302
303303
302
attached to each other and total approximately
305
304304
306
305
304
305
306 HDR
I
306307
308
307
308
2,335 square feet. This site is accessed via a
310309308
311311
308
310
312
311
310
401
400
400
400401
short driveway at the southwest corner of the
401
400
2001
402
402403
402
408
405
404
site along South Comet Avenue and a longer
405
405
407
406
407
408
409
410409
408
411
409
410
411
driveway at the northwest corner of the site.
410
C
Please note that existing uses and building
square footages, based on site visits and City
and Pinellas County Property Appraiser
records, are made to the best of Staff ability.
I
The southern parcel contains a KFC restaurant
ZONING MAP
O
within a 3,102 square foot one-story building.
525535
The building is located directly at the southwest corner of the site along the south property line
of the site and includes a drive-through component located on the east side of the building.
Access to the site is provided via a two-way driveway at the southeast corner of the site along
Gulf to Bay Boulevard. A two-lane egress-only driveway is located at the northwest corner of
the site along South Comet Avenue. A total of 19 parking spaces are on the site including seven
angled parking spaces along the west side of the site which exist partially within and back out
into the South Comet Avenue right-of-way. The remaining 12 parking spaces are along the east
side of the parcel. While an enclosed dumpster pad is located at the northeast corner of the
parcel the dumpster is actively stored and serviced in the open directly along South Comet
Avenue just south of the aforementioned out-bound driveway. As mentioned a drive-through
lane exists on the east side of the building and continues along the north side of the building
where it exits to South Comet Avenue via the western driveway.
Community Development Board January 15, 2013
FLD2012-09016 Page 1 of 14
PLANNING & DEVELOPMENT
Level II Flexible Development Application Review
DEVELOPMENT REVIEW DIVISION
All three properties are within the Commercial
(C) District the intent and purpose of which is to
provide the citizens of the City of Clearwater
with convenient access to goods and services
throughout the city without adversely impacting
the integrity of residential neighborhoods,
diminishing the scenic quality of the city or
negatively impacting the safe and efficient
movement of people and things within the City of
Clearwater. The existing residential uses except
for the apartment units on the second floor of the
retail use are nonconforming uses within the C
District. The building which appears to contain
EXISTING SURROUNDING USES MAP
two apartment units on the second floor with
retail and office on the first floor is considered Mixed Use which is a conforming use within the
C District.
The immediate vicinity is characterized by a variety of non-residential uses including Clearwater
High School across Gulf to Bay Boulevard to the south, a Checkers fast food restaurant to the
east and a furniture store to the west. A variety of other fast food restaurants, offices, automotive
service stations and other retail sales and service establishments are located farther to the east
and west along Gulf to Bay Boulevard. The neighborhood to the north is within the High
Density Residential (HDR) district and consists primarily of attached dwellings (mostly duplex
and triplex units). Farther to the north, across Rainbow Drive, the zoning changes to Low
Medium Density Residential (LMDR) district where the neighborhood consists primarily of
detached dwellings. South Comet Avenue runs between Gulf to Bay Boulevard and Drew
Street.
Development Proposal:
The proposal is to join all three properties together into a single parcel through a Unity of Title
and remove all the buildings and other structures with the exception of a few light poles. The
northern two lots will be redeveloped with 17 parking spaces, a dumpster and a stormwater
facility. A 3,180 square foot, single-story restaurant is proposed to be constructed in the
southwest corner of the southern lot at the corner of South Comet Avenue and Gulf to Bay
Boulevard in roughly the same location and orientation as the existing restaurant. Eleven
parking spaces will be located along the east side of the site and the two-way driveway will be
maintained along Gulf to Bay Boulevard. The egress lane of the existing driveway will be a
right-in/right-out only. A second two-way driveway will be located at the northwest corner of
the site along South Comet Avenue. A drive-through lane will be located on the west side of the
building along South Comet Avenue. A walkway will connect the sidewalk within the Gulf to
Bay Boulevard right-of-way to entrances on the south and east sides of the building. A bike rack
is proposed at the southeast corner of the building. One freestanding sign is proposed at the
southwest corner of the site in addition to a preview menu board and an order menu board along
the north side of the building in conjunction with the drive-through lane. The latter two signs
should not be readily visible from off-site and do not count against the permitted number of signs
for the site. It should be mentioned that the proposed freestanding located at the southwest
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corner of the site is located approximately two feet from the front (south) property which does
not meet the minimum five foot setback required by Community Development Code (CDC)
Section 3-1807.B.1.c. In addition drawings of the sign which would otherwise provide such
details as dimensions, area, materials color(s) and height are not included with the submittal.
While attached signs are shown on the elevations on the south, east and west facades none of the
attached signs shown on the elevations are dimensioned allowing their areas to be determined.
In short, a sign package has not been submitted with this application and signage whether
indicated or not should not be considered as part of the request nor would any approval of this
proposal in any way imply approval of any sign.
While landscaping is proposed along all property lines of the site the buffer widths however, do
not meet the provisions of CDC Article 3 Division 12 with a three foot buffer along South Comet
Avenue where 10 feet is required, a one foot buffer more than half of the east side of the south
parcel where five feet is required and a 10 foot-wide landscape buffer along the front (south)
property line where 15 feet is required. The applicant has mitigated the dimensional deficiency
with regard to buffer width through the provision of landscape material in excess of the
minimum otherwise required by the CDC. In addition, the applicant is proposing to incorporate
seven feet of right-of-way along South Comet Avenue adjacent to the proposed drive-through
lane in addition to three feet of width on the property itself for a total landscape buffer width of
10 feet. The landscape plan includes a variety of shade, ornamental and palm trees (live oak,
covers (viburnum, Indian hawthorn, hibiscus, crinum lily, liriope and flax lily). The buffers will
be planted in such a manner as to create a tiered effect providing adequate buffers between the
subject property and adjacent rights-of-way and properties.
Special Area Plan:
None
Development Parameters
:
Floor Area Ratio (FAR)
Pursuant to the Countywide Plan Rules and CDC Section 2-701.1, the maximum FAR for
properties with a Future Land Use Plan (FLUP) designation of Commercial General (CG) is
0.55. The proposed FAR is 0.10, which is consistent with Code provisions.
Impervious Surface Ratio (ISR):
Pursuant to CDC Section 2-701.1, the maximum allowable ISR is 0.90. The overall proposed
ISR is 0.62, which is consistent with Code provisions.
Minimum Lot Area and Width:
Pursuant to CDC Table 2-704, there is no minimum required lot area or lot width for a
Comprehensive Infill Redevelopment Project. However, for a point of comparison, pursuant to
CDC Table 2-702, Minimum Standard Development Standards, the required lot area and lot
width are to be a minimum of 10,000 square feet and 100 feet, respectively. The lot area is
32,539 square feet and the lot width is 100 feet exceeding and/or meeting the otherwise
minimum area and width required by Code.
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Minimum Setbacks:
Pursuant to CDC Table 2-704, there are no minimum required setbacks for a Comprehensive
Infill Redevelopment Project. However, for a point of comparison, pursuant to CDC Table 2-
702, front and side setbacks to primary structures are 25 and 10 feet, respectively. Setbacks to
parking are based upon the required landscape buffers which for the front (south and west) are 15
and 10 feet, respectively and 10 and five feet for the side (north and east), respectively. Rear
setbacks do not apply to the subject site as it is a corner lot with two front and two side setbacks
under the provisions of 3-903.D. The proposal includes front (south and west) setbacks to the
building of 39 and 15 feet, respectively. The proposed side (north and east) setbacks to building
are 149 and 48 feet, respectively. The proposed setback to parking or other like vehicular use
areas along the front (south and west) are proposed to ten feet and three feet, respectively and ten
feet and one foot along the side (north and east) setbacks, respectively. The proposal does not
meet the minimum standards for setbacks to building on the front (west) or to parking or other
like vehicular use areas on the front (south and west) and side (east).
Maximum Building Height:
Pursuant to CDC Table 2-703, there is no maximum height for a Comprehensive Infill
Redevelopment Project. However, for a point of comparison, pursuant to the aforementioned
CDC Table 2-702, the maximum allowable height for restaurant uses is 25 feet. The proposed
building height of 22 feet which is less than this allowable height and is therefore consistent with
the CDC.
Minimum Off-Street Parking:
Pursuant to CDC Table 2-703, there is no minimum off-street parking requirement for a
Comprehensive Infill Redevelopment Project. However, for a point of comparison, pursuant to
CDC Table 2-702, the minimum required parking for restaurants is 12 parking spaces per 1,000
square feet of gross floor area. This results in a requirement of 38 parking spaces for a 3,180
square foot restaurant. The proposal provides 28 parking spaces or 8.8 spaces per 1,000 square
feet of gross floor area. While this will constitute a net increase of nine parking spaces (47
percent) over what is currently provided on site it is still less than what is otherwise required by
the CDC. The amount of square footage of the restaurant will increase with the proposal by 78
square feet (0.25 percent) from 3,102 square feet to 3,180 square feet.
The applicant submitted a Parking Demand Study that indicates that one parking space per two
seats and one parking space per employee is an adequate parking ratio which has met the needs
of other like restaurants within the franchise. The proposal includes 44 seats (22 spaces) and
there will a maximum of six employees (six spaces) on site at any given time. This means that
the 28 proposed parking spaces will adequately serve the site. It should also be considered that
the restaurant has operated for years without incident with 19 parking spaces. The proposal will
result in a building with virtually the same amount of gross floor area as currently exists. If it is
accepted that the existing 19 parking spaces have adequately served the site for years and that the
78 square foot increase in floor area constitutes a de minimus change of less than one percent
then it is reasonable to assume that a 47 percent increase in the number of parking spaces will
more than adequately serve the redevelopment.
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Mechanical Equipment:
Pursuant to CDC Section 3-201.D.1, all outside mechanical equipment must be screened so as
not to be visible from public streets and/or abutting properties. Mechanical equipment will be
located on the roof of the proposed building and will be concealed with parapet walls on all
sides.
Sight Visibility Triangles:
Pursuant to CDC Section 3-904.A, to minimize hazards at the proposed driveways on Gulf to
Bay Boulevard and South Comet Avenue and at the intersection of Gulf to Bay Boulevard and
South Comet Avenue, 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
been found to be acceptable. Shrubbery planted within the sight visibility triangles will need to
be maintained to meet the Code requirements.
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. All utilities which serve the site are currently underground.
Landscaping:
Pursuant to CDC Section 3-1202.D, required perimeter buffers are based on adjacent uses and/or
street types. The required landscape buffers are 15 feet (south arterial street), 10 feet (west
local street), 10 feet (north attached dwellings) and five feet (east non-residential). In
addition, Section 3-1202.E provides that interior landscaping must be provided which is equal to
or greater than 10 percent of the vehicular use area. The proposed vehicular use area is 15,425
square feet requiring 1,543 square feet of interior landscaped area. Section 3-1202.E also
provides that no more than 10 parking spaces may be in a row. Finally, Section 3-1202.E
requires that all facades facing a street must include a foundation planting area of at least five
feet of depth along the entire façade excluding areas necessary for ingress/egress.
This proposal provides buffer widths along the south (10 feet), west (three feet on the subject
property and seven feet within the South Comet Avenue right-of-way) and east (one foot) which
do not meet the requirements of Section 3-1202.D. The proposal does not meet the requirements
of Section 3-1202.E in that 11 parking spaces in row are proposed and foundation plantings
along the west façade are not provided. The proposal otherwise meets the remaining
requirements of Article 3 Division 12 of the CDC. It should be mentioned that the one and three
foot buffers along the east and west property lines, respectively, extend for approximately 145
feet north from the south property line with the remainder of each buffer being approximately 35
feet in width.
As noted, landscape buffer widths do not meet the provisions of CDC Article 3 Division 12. The
applicant has mitigated the dimensional deficiency with regard to buffer width through the
provision of landscape material in excess of the minimum otherwise required by the CDC. In
addition, the applicant is proposing to incorporate seven feet of right-of-way along South Comet
Avenue adjacent to the proposed drive-through lane in addition to three feet of width on the
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property itself for a total landscape buffer width of 10 feet. The landscape plan includes a
variety of
cypress and sabal palm), as well as shrubs and ground covers (viburnum, Indian hawthorn,
hibiscus, crinum lily, liriope and flax lily). The buffers will be planted in such a manner as to
create a tiered effect providing adequate buffers between the subject property and adjacent
rights-of-way and properties. It should be noted that where the east buffer is one foot in width
the adjacent use consists of parking for the Checkers fast-food restaurant. There are also several
trees along the east property line but located on the adjacent property. Staff believes that
relocating the existing curb would possibly damage the root systems of those trees.
Solid Waste:
A dumpster is proposed at the northeast corner of the site. The dumpster area will be screened
by a solid wall with a stucco finish to match the primary exterior color of the restaurant. The
ire Departments.
Signage:
The proposal includes a freestanding sign as indicated on Sheet C2 of the site plan. In addition,
the submitted elevations indicate attached signage on the south, east and west facades. However
a formal signage package has not been presented at this time. Any forthcoming signage package
must meet Code requirements.
Comprehensive Plan:
The proposal is in support of the following
Comprehensive Plan as follows:
Future Land Use Plan Element
Policy A.2.2.3 Commercial land uses shall be located at the intersection of arterial or collector
streets and should be sited in such a way as to minimize the intrusion of off-site impacts into
residential neighborhoods. New plats and site plans shall discourage the creation of "strip
commercial" zones by insuring that adequate lot depths are maintained and by zoning for
commercial development at major intersections.
The proposal includes a commercial use located at the intersection of an arterial street and is
designed to minimize any impacts to the residential neighborhood to the north by locating the
bulk of the active use on the site at the southwest corner of the property at the intersection of
Gulf to Bay Boulevard and South Comet Avenue. The proposed drive-through exits to the two-
way drive at the south side of the site along Gulf to Bay Boulevard. A secondary access point is
located at the northwest corner of the site but is not expected to negatively impact the adjacent
residential neighborhood. The proposal is largely consistent with this Policy.
Objective A.3.2 All development or redevelopment initiatives within the City of Clearwater
shall meet the minimum landscaping / tree protection standards of the Community Development
Code in order to promote the preservation of existing tree canopies, the expansion of that
canopy, and the overall quality of development within the City; and
Policy A.3.2.1 All new development or redevelopment of property within the City of Clearwater
shall meet all landscape requirements of the Community Development Code.
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Gulf to Bay Boulevard is designated as a Primary Scenic Corridor within Section 3-1203 of the
Plan.
Primary scenic corridors are those roadways expected to have enhanced landscape standards
applied to properties along them. Furthermore, Gulf to Bay Boulevard is specifically listed as a
Linkages section of the FLUE of the Comprehensive Plan.
While the proposal does not provide the required foundation landscaping along the west façade
of the building facing South Comet Avenue, the requisite buffer width along the front (south and
west) property lines of the site along Gulf to Bay Boulevard and South Comet Avenue,
respectively, nor along a portion of the side (east) property line the landscape design is
demonstrably better than that as required by the minimum standards of Article 3 Division 12 of
the CDC. The minimum buffer landscaping consists of a hedge and one shade tree every 35 feet.
As mentioned previously, the proposed landscape plan provides for a tiered effect along the
south and west sides of the site consisting of a mix of groundcovers, low- to medium-sized
shrubs as well as shade, palm and ornamental trees. Therefore, the submittal supports this
Objective and Policy.
Policy A.5.5.1 Development should be designed to maintain and support the existing or
envisioned character of the neighborhood.
The proposal provides for a use permitted as a minimum development standard within the C
District and a site design generally consistent with other development in the area along Gulf to
Bay Boulevard. Specifically, the proposal with regard to landscaping is consistent with other
properties which have been subject of Level I and Level II site plan approvals. In addition the
site design is consistent with the intent of the development parameters set by the Community
Development Code with regard to setbacks and landscaping. These development parameters
were specifically created because many areas of the City were inconsistent with the appearance
and character desired by the citizens of Clearwater as evidenced by the creation and subsequent
Community Development Code. Therefore, the proposal supports
this Policy.
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; and
Objective A.6.4 Due to the built-out character of the city of Clearwater, compact urban
development within the urban service area shall be promoted through application of the
Clearwater Community Development Code; and
Policy A.6.4.1 - The development or redevelopment of small parcels [less than one (1) acre]
which are currently receiving an adequate level of service shall be specifically encouraged by
administration of land development and concurrency management regulatory systems as a
method of promoting urban infill.
Due to its relatively narrow width the site is challenging to redevelop with a restaurant with a
drive-through lane. The continuation of the existing use within a new building and with an
updated and improved site plan including extensive landscaping is an appropriate reuse of the
site. The proposal, which makes an efficient use of the site while emphasizing enhanced
aesthetics (landscaping) and safety (appropriate separation of pedestrian, travel and drive-
through lanes), is the sort of project envisioned as an appropriate recipient of flexibility from the
minimum development parameters as provided by the above Goal, Objective and Policy with
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regard to the size of the site (less than one acre), its location within the urban service area and an
attractive, compact redevelopment plan. Therefore, the proposal supports this Goal, Objective
and Policy.
Community Development Code:
The proposal supports the general purpose, intent and basic planning objectives of this Code as
follows:
Section 1-103.B.1. Allowing property owners to enhance the value of their property through
innovative and creative redevelopment.
The size, location and shape of the parcel are similar to other parcels in the area. The proposed
restaurant is consistent with the character of the area along Gulf to Bay Boulevard with regard to
use and the proposal will result in a project consistent with elements of the Comprehensive Plan,
as provided above. The proposed development is similar to the treatment other sites have
received in the area vis-à-vis landscaping and other site improvements as mitigation to justify
flexibility from certain the CDC requirements such as buffer width, setbacks and the permitted
number of parking spaces in a row. Therefore, the proposal supports this Code section.
Section 1-103.B.2. 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.
Surrounding properties to the north include attached dwellings. Uses to the east and west include
fast-food restaurants, offices and retail sales and service. Clearwater High School is located
farther to the south across Gulf to Bay Boulevard. The proposed development provides not only
for a much greater amount of landscaping than exists but a landscape plan which provides for an
appearance which will be demonstrably better than the minimum otherwise required by the CDC.
It is likely that surrounding properties will have their values enhanced. It should be noted that
several other properties in the area along Gulf to Bay Boulevard have incorporated upgrades to
their sites such as new facades and landscaping, including sites located at 2094, 1996, 1928,
1916 and 1765 Gulf to Bay Boulevard. The proposal is consistent with the level of design (both
site and building) as applied to the aforementioned properties and others throughout the City. It
is anticipated that the proposal will result in a positive impact on those surrounding properties.
Therefore, the proposal supports this Code section.
Section 1-103.B.3. Strengthening the city's economy and increasing its tax base as a whole.
The proposal includes the redevelopment of an existing fast-food restaurant with a new fast-food
restaurant. The proposal will be consistent with the character of the area with regard to size,
scope and scale as compared with other properties in the neighborhood. While the proposal is
expected to have no net increase in the tax base as a whole the overall result will be the
demolition of a dated and obsolete building and the construction of a new more attractive
building and the provision of landscaping in excess of the intent of the minimum standards of the
CDC. It is largely beyond dispute that the City of Clearwater is largely built-out where the
primary option for improvement is the redevelopment and/or refurbishing of existing sites and
buildings. Improving a property typically results in an increase in its value thereby positively
contriThe net result of the proposal will be
another attractive redevelopment in the community which can only further interest in the
improvement of surrounding properties. Therefore, the proposal supports this Code section.
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Section 1-103.D. It is the further purpose of this Development Code to make the beautification of
the city a matter of the highest priority and to require that existing and future uses and structures
in the city are attractive and well-maintained to the maximum extent permitted by law.
The proposal includes a new fast-food restaurant with landscape buffers or portions thereof that
are less than the otherwise minimum required width. The applicant has demonstrated that the
proposed building and site plan are more attractive than what is currently on the site and that the
site and landscape plans are better that what would otherwise be required by the CDC. The
proposal with regard to site, landscape and building design is consistent with other beautification
efforts undertaken, encouraged and installed by the City and private property owners in the City
as a whole and along Gulf to Bay Boulevard specifically. As discussed above, Gulf to Bay
Boulevard is a designated Primary Scenic Corridor. While a specific Corridor Plan has not been
adopted the intent is clear in that properties along designated Scenic Corridors such as Gulf to
Bay Boulevard are expected to provide landscaping at least consistent with the minimum
standards set forth by the CDC if not more. The proposal includes a landscape design which is
more attractive that that as required by the minimum standards of the CDC with regard to the
numbers and arrangements of plant material. As mentioned previously, the proposed landscape
plan provides for a tiered effect along the south and west sides of the site consisting of a mix of
groundcovers, low- to medium-sized shrubs as well as shade, palm and ornamental trees.
Therefore, the proposal supports this Code section.
Code Enforcement Analysis:
There are no active Code Compliance cases for the subject property.
COMPLIANCE WITH STANDARDS AND CRITERIA:
The following table depicts the consistency of the development proposal with the standards for
restaurant as per CDC Tables 2-701.1 and 2-704:
Standard Proposed Consistent Inconsistent
Floor Area Ratio 0.55 0.10 X
Impervious Surface 0.90 0.62 X
Ratio
Minimum Lot Area NA 32,539 square feet (0.75 acres) X
Minimum Lot Width NA 100 feet X
1
Minimum Setbacks (feet) Front: South: NA 39 feet to building/10 feet to paving X
1
West: NA 15 feet to building /3 feet to paving X
Side: North: NA 149 feet to building /10 feet to paving X
1
East: NA 48 feet to building /1 foot to paving X
Maximum Height (feet) NA 22 X
1
Minimum NA 8.81 spaces per 1,000 sq.ft. GFA (28 X
Off-Street Parking spaces)
1
See analysis in Staff Report
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COMPLIANCE WITH FLEXIBILITY CRITERIA:
The following table depicts the consistency of the development proposal with the Flexibility
criteria as per CDC Section 2-704.C. (Comprehensive Infill Redevelopment Project):
Consistent Inconsistent
1
1. The development or redevelopment is otherwise impractical without deviations from X
the use and/or development standards set forth in this zoning district.
1
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.
1
3. The development or redevelopment will not impede the normal and orderly X
development and improvement of surrounding properties.
1
4. Adjoining properties will not suffer substantial detriment as a result of the proposed X
development.
1
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.
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.
1
6. Flexibility with regard to use, lot width, required setbacks, height and off-street X
parking are justified based on demonstrated compliance with all of the following
design objectives:
a.The proposed development will not impede the normal and orderly
development and improvement of the surrounding properties for uses permitted
in this zoning district;
b.The proposed development complies with applicable design guidelines adopted
by the City;
c.The design, scale and intensity of the proposed development supports the
established or emerging character of an area;
d.In order to form a cohesive, visually interesting and attractive appearance, the
proposed development incorporates a substantial number of the following
design elements:
Changes in horizontal building planes;
Use of architectural details such as columns, cornices, stringcourses,
pilasters, porticos, balconies, railings, awnings, etc.;
Variety in materials, colors and textures;
Distinctive fenestration patterns;
Building stepbacks; and
Distinctive roofs forms.
e.The proposed development provides for appropriate buffers, enhanced
landscape design and appropriate distances between buildings.
1
See analysis in Staff Report
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COMPLIANCE WITH GENERAL APPLICABILITY STANDARDS:
The following table depicts the consistency of the development proposal with the General
Standards for Level One 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
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.
1
See analysis in Staff Report
COMPLIANCE WITH COMPREHENSIVE LANDSCAPE PROGRAM STANDARDS:
The following table depicts the consistency of the development proposal with the
Comprehensive Landscape Program as per CDC Section 3-1202.G:
Consistent Inconsistent
Architectural theme.
1.
a.The landscaping in a comprehensive landscape program shall be designed as a
part of the architectural theme of the principal buildings proposed or developed
on the parcel proposed for development; or
b.The design, character, location and/or materials of the landscape treatment X
proposed in the comprehensive landscape program shall be demonstrably more
attractive than landscaping otherwise permitted on the parcel proposed for
development under the minimum landscape standards
Lighting.
2. Any lighting proposed as a part of a comprehensive landscape program is X
automatically controlled so that the lighting is turned off when the business is
closed.
Community character.
3. The landscape treatment proposed in the comprehensive X
landscape program will enhance the community character of the City of Clearwater.
Property values.
4. The landscape treatment proposed in the comprehensive landscape X
program will have a beneficial impact on the value of property in the immediate
vicinity of the parcel proposed for development.
Special area or scenic corridor plan.
5. The landscape treatment proposed in the NA NA
comprehensive landscape program is consistent with any special area or scenic
corridor plan which the City of Clearwater has prepared and adopted for the area in
which the parcel proposed for development is located.
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SUMMARY AND RECOMMENDATION:
The Development Review Committee (DRC) reviewed the application and supporting materials
at its meeting of December 6, 2012, and deemed the development proposal to be legally
sufficient, based upon the following findings of fact and conclusions of law:
Findings of Fact
The Planning and Development Department, having reviewed all evidence submitted by the
applicant and requirements of the Community Development Code, finds that there is substantial
competent evidence to support the following findings of fact:
1.That the 0.75 acre site is located at the northeast corner of Gulf to Bay Boulevard and South
Comet Avenue;
2.That the subject property is located within the Commercial (C) District and the Commercial
General (CG) Future Land Use Plan category;
3.That the subject property is not located in a special plan area;
4.That the proposal is to construct a restaurant and is subject to the requisite development
parameters per Article 2 Division 7 of the CDC;
5.That the site is currently developed with a restaurant, two single-family dwellings and a retail
sales and service establishment;
6.The subject property is comprised of three parcels with approximately 100 feet of frontage
along Gulf to Bay Boulevard and 280 feet of frontage along South Comet Avenue;
7.The proposal includes a front (west) setback of three feet (to drive-thru lane) and 16 feet (to
building), a front (south) setback of 10 feet (to drive-thru lane) and 39 feet (to building), a
side (east) setback of one foot (to parking) and 48.5 feet (to building), a side (north) setback
of 10 feet (to parking and dumpster enclosure) and 149 feet (to building) and 28 parking
spaces (8.81 spaces per 1,000 square feet of Gross Floor Area);
8.A front (south) landscape buffer of 10 feet (to drive-thru lane), a side (east) landscape buffer
of one foot, up to 11 parking spaces in a row without a landscape island and no foundation
plantings along the front (west) façade of the proposed building; and
9.There are no active Code Compliance 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 pattern of development of the
surrounding neighborhood;
2.That the proposal is consistent with applicable portions of the Comprehensive Plan including
Future Land Use Plan Element Goal A.6, Objectives A.3.2 and A.6.4 and Policies A.2.2.3,
A.3.2.1, A.5.5.1 and A.6.4.1;
3.That the proposal consistent with the general purpose, intent and basic planning objectives of
the Community Development Code Sections 1-103.B.1 3 and D;
4.That the development proposal is inconsistent with the Standards as per Table 2-702 of the
Community Development Code with regard to setbacks to building and pavement and the
number of parking spaces;
5.That the development proposal is consistent with the Flexibility criteria as per Section 2-
704.C of the Community Development Code;
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6.That the development proposal is consistent with the General Standards for Level One
Approvals as per Section 3-914.A of the Community Development Code; and
7.That the development proposal is consistent with the Flexibility criteria for a Comprehensive
Landscape Program CDC Section 3-1202.G.
APPROVAL
Based upon the above, the Planning and Development Department recommends of
the Flexible Development application to permit a fast-food restaurant with a height of 22 feet, a
front (west) setback of three feet (to drive-thru lane) and 16 feet (to building), a front (south)
setback of 10 feet (to drive-thru lane) and 39 feet (to building), a side (east) setback of one foot
(to parking) and 48.5 feet (to building), a side (north) setback of 10 feet (to parking and dumpster
enclosure) and 149 feet (to building) and 28 parking spaces (8.81 spaces per 1,000 square feet of
Gross Floor Area) in the Commercial District (C) as a Comprehensive Infill Redevelopment
Project, under the provisions of Community Development Code (CDC) Section 2-704.C. and to
reduce the front (west) landscape buffer from 10 feet to three feet (to drive-thru lane), reduce the
front (south) landscape buffer from 15 feet to 10 feet (to drive-thru lane), reduce the side (east)
landscape buffer from five feet to one foot, increase the number of parking spaces in a row from
10 spaces to 11 spaces and eliminate the required foundation plantings along the front (west)
façade of the proposed building as part of a Comprehensive Landscape Program under the
provisions of 3-1202.G subject to the following conditions:
Conditions of Approval:
General/Miscellaneous Conditions
1.That the final design and color of the building be consistent with the elevations approved by
the CDB;
2.That, should the fence along the north property line be removed or destroyed, a solid fence
six feet in height (within the limitations of the CDC) be installed along the north side of the
subject site except in the case of a letter of opposition by the property owner of that adjoining
property to the north;
3.That all and that the
maximum square footage of any freestanding signs be limited to the minimum permitted by
the CDC with regard to area, height and number without the opportunity to apply for a
Comprehensive Sign Program;
4.That issuance of a development permit by the City of Clearwater does not in any way create
any right on the part of an applicant to obtain a permit from a state or federal agency and
does not create any liability on the part of the City for issuance of the permit if the applicant
fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal
agency or undertakes actions that result in a violation of state or federal law;
5.That all other applicable local, state and/or federal permits be obtained before
commencement of the development;
Timing Conditions
6.That application for a building permit be submitted no later than January 15, 2014, unless
time extensions are granted pursuant to CDC Section 4-407;
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
Community Development Board January 15, 2013
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PLANNING & DEVELOPMENT
Level II Flexible Development Application Review
DEVELOPMENT REVIEW DIVISION
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 percent of its rated capacity;
8.That a Unity of Title and evidence of filing of same with the Pinellas County Clerk of the
Court be submitted to Staff prior to the issuance of any permits;
9.That prior to the issuance of Certificate of Occupancy that all required Transportation Impact
Fees be paid;
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 shown to 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 permits a final landscape plan which clearly shows all
underground utilities on and adjacent to the site be submitted to and approved by Staff;
12.That prior to the issuance of any permits a final landscape plan which includes an interior
green space sheet which clearly indicates all areas included as counting towards the interior
green space requirements of the CDC be submitted to and approved by Staff;
13.That prior to the issuance of any permits, any applicable Public Art and Design Program
Impact Fees be paid;
14.That prior to the issuance of any permits, any applicable Parks and Recreation impact fees be
paid;
15.That prior to the issuance of any permits all sub-standard sidewalks and sidewalk ramps
adjacent to or a part of the project shall be shown on plans to be improved to meet the
requirement of Local, State and/or Federal standards including A.D.A. requirements
(truncated domes per FDOT Index #304); and
16.That prior to the issuance of any permit, all requirements of the General Engineering, Traffic
Engineering and Fire Departments be addressed.
Prepared by Planning and Development Department Staff: ______________________________
Mark T. Parry, AICP, Planner III
ATTACHMENTS: Existing Surrounding Uses Map and Photographs
Community Development Board January 15, 2013
FLD2012-09016 Page 14 of 14
COMMUNITY DEVELOPMENT BOARD
PLANNING AND DEVELOPMENT DEPARTMENT
STAFF REPORT
MEETING DATE:
January 15, 2012
AGENDA ITEM:
D.2.
CASE:
FLD2012-11023 (Related to DVA2012-11001)
Flexible Development application to permit a 91-room overnight accommodation use in
REQUEST:
the Tourist (T) District with a lot area of 27,446 square feet (0.63 acres), a lot width of
83.97 feet along South Gulfview Boulevard, front (north) setbacks of zero feet (to
existing brick pavers), 0.8 feet (to existing covered wood deck), 8.1 feet (to proposed
structure), and 19.7 feet (to existing building); side (east) setbacks of zero feet (to
existing wood frame structure), 6.5 feet (to structure), and 10 feet (to existing building);
side (west) setbacks of zero feet (to proposed canopy), four feet (to existing pavement),
and 5.6 feet (to existing structure); rear (south) setbacks of zero feet (to existing brick
paver pool deck), 14 feet (to cover wood structure), and 26.6 feet (to existing building);
a building height of 49.5 feet (from Base Flood Elevation to top of roof); and five off-
street parking spaces as a Comprehensive Infill Redevelopment Project pursuant to
Community Development Code Section 2-803.D; and an increase in the maximum
allowable density through the allocation of 60 overnight accommodation units from the
Hotel Density Reserve created pursuant to Beach by Design; as well as a reduction to
the required foundation landscaping width along South Gulfview Boulevard from five
feet to zero feet as part of a Comprehensive Landscape Program pursuant to Community
Development Code Section 3-1202.G.
GENERAL DATA:
Northside Engineering Services, Inc. (Housh Ghovee and Renee Ruggiero)
Clearwater Grande Development, LLC
Applicant / Owner..............
655 South Gulfview Boulevard; located on the south side of South Gulfview Boulevard,
.......
approximately 894 feet west of Gulf Boulevard
0.63 Acres
Property ......
Resort Facilities High (RFH)
Future Land Use Plan
Tourist (T) District
Beach by Design (Clearwater Pass District)
Special Area Plan..............
Tourist (T) District
Adjacent Zoning... North:
Open Space/Recreation (OS/R) District
South:
Tourist (T) District
East:
Tourist (T) District
West:
Overnight Accommodations
Existing Land Use.............
Overnight Accommodations
D.2.
PLANNING & DEVELOPMENT
Level II Flexible Development Application Review
DEVELOPMENT REVIEW DIVISION
ANALYSIS:
Site Location and Existing Conditions:
The 1.438 acre subject property is located on
the south side of South Gulfview Boulevard
approximately 894 feet west of Gulf Boulevard.
The subject property is currently developed
with a 91-room hotel (Quality Inn) and its
associated parking lot. The existing building is
located on the east side of the site and oriented
north/south.
Retail Sales and services uses are located to the
north of the subject property. The adjacent
property to the west consists of the Econo
Lodge hotel. The adjacent parcel to the east
LOCATION MAP
consists of the Continental Towers
condominium property. The land area to the south consists of a beach that overlooks Clearwater
Pass.
Development Proposal:
The subject property consists of a existing 91-
room hotel (Quality Inn) and its associated
parking lot on 62,620 square feet of lot area
(1.43 acres). The owners of the property
propose to complete a minor lot adjustment
561
separating the hotel building from its parking
lot to create two lots of record to allow for the
development of a new mid-priced hotel
(Hampton Inn & Suites on Parcel B; see
Agenda Item D.3). The existing Quality Inn
hotel will then be situated on a parcel of land
(Parcel A) with a lot width of 83.97 feet (along
691
South Gulfview Boulevard) and 27,446 square
ZONING MAP
feet in lot area (0.63 acres).
The existing Quality Inn has 91 hotel rooms that were approved in the . The proposal
is to bring the density of the existing hotel to conform to current Code provisions through the
Hotel Density Reserve. Based on current Code provisions which allow fifty hotel units per acre,
ninety-one hotel rooms on the subject parcel exceed the number of allowable hotel rooms on a
lot with 62,620 square feet; only seventy-one hotel rooms are permitted on the subject parcel.
The existing use on site is nonconforming in regards to allowable number of hotel units per acre.
After the proposed minor lot adjustment, the nonconformity will increase.
As noted above, the owners propose to reduce the acreage of the Quality Inn parcel to 0.63 acres
(Parcel A). That amount of land area allows for a maximum of 31 hotel rooms based on
maximum density standards. However, Beach by Design allows for a maximum of 100 hundred
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DEVELOPMENT REVIEW DIVISION
hotel rooms to be allocated through the Hotel
Density Reserve to any development with a lot
size of less than 2.5 acres. For this reason the
owners of the Quality Inn hotel are proposing a
91-unit overnight accommodation use at a density
of 144.44 units per acre, which includes the
allocation of 60 units from the Hotel Density
Reserve under Beach by Design.
Also on this CDB agenda is a companion
Development Agreement (DVA2013-11001) that
must be approved by City Council, which
provides for the allocation of the 60 units from
the Hotel Density Reserve.
EXISTING SURROUNDING USES
In regards to off-street parking spaces, the
existing Quality Inn and proposed Hampton Inn
& Suites will share 252 off-street parking spaces through a shared parking and access agreement.
The first five levels of the Hampton Inn building will be a parking garage. Guests of both hotels
will access the parking garage from South Gulfview Boulevard through a shared driveway to the
garage entrance. The ground level will have eight designated check-in parking spaces. A ground
floor elevator lobby in the parking garage will take Hampton Inn guests to the main lobby.
Quality Inn guests will exit the parking garage and walk under a new covered pedestrian
walkway across the shared driveway to its
stated that the developer plans to obtain temporary parking locations and a valet service for
Quality Inn guests during the construction of the Hampton Inn.
The applicant will remove the existing canopy to add a new canopy that will cover the walkway
between the Hampton Inn property and Quality Inn property. Other proposed changes to the
hotel include adding architectural elements such as architectural trim banding and bahama
shutters to the façades. They will also paint the exterior of the building using colors that support
the coastal vernacular theme as set forth in the Beach by Design Guidelines. The primary color
of the building will be a light beige (ambitious amber) with a white (modern white) accent color.
The new canopy roof will be standing seam metal material teal green in color. The blue roof
color of the IHOP restaurant will remain the same.
Density: Pursuant to the Countywide Future Land Use Plan and CDC Section 2-801.1, the
maximum density for properties with a designation of Resort Facilities High is 50 overnight
accommodation units per acre. Based on the proposed minor lot adjustment the Quality Inn
property will have 27,446 square feet of land area (0.63 acres) zoned Tourist District; a
maximum of 31 overnight accommodation units are permissible under current regulations. The
applicants are requesting 60 hotel rooms from the Hotel Density Reserve, adopted as an
amendment to Beach by Design under Ordinance 7925-08. The overall density for this project is
144.44 overnight accommodation units/rooms per acre, which is below the maximum of 150
units per acre established in Beach by Design for projects that have acquired units from the Hotel
Density Reserve.
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DEVELOPMENT REVIEW DIVISION
Impervious Surface Ratio (ISR): Pursuant to CDC Section 2-801.1, the maximum allowable
I.S.R. is 0.95. The proposed I.S.R. is 0.93, which is consistent with the Code provisions.
Minimum Lot Area and Width: Pursuant to CDC Table 2-803, there are no minimum lot area
and lot width for Comprehensive Redevelopment Infill Projects; however, for comparison
purposes the minimum lot area for overnight accommodations can range between 10,000
20,000 square feet. The proposed Quality Inn property will consist of 27,446 square feet of lot
area. Pursuant to the same Table, the minimum lot width for overnight accommodations can
range between 100 150 feet. The proposed minor lot adjustment will create a parcel with a lot
width of 83.97 feet along South Gulfview Boulevard.
Staff supports the proposed lot width. The minor lot adjustment will allow for the Hampton Inn
& Suites property to be built. The redevelopment project will result in a total of 252 off-street
parking spaces available for two mid-priced hotels on Clearwater Beach that comply with the
standard development requirements for the number of parking spaces (1.2 spaces per unit) for
each hotel. The main structures of the hotels will be separated by a distance of 28 feet.
Minimum Setbacks: Pursuant to CDC Table 2-803, there are no minimum front, side, and rear
setbacks for Comprehensive Redevelopment Infill Projects; however, for comparison purposes
the minimum front setback for overnight accommodations can range between 0 15 feet, the
minimum side setback can range between 0 10 feet, and the minimum rear setback can range
between 0 - 20 feet. The development proposal includes front (north) setbacks of zero feet (to
existing brick pavers), 0.8 feet (to existing covered wood deck), 8.1 feet (to proposed pavement),
and 19.7 feet (to existing building); side (east) setbacks of zero feet (to existing wood frame
structure), 6.5 feet (to pool deck), and 10 feet (to existing building); side (west) setbacks of zero
feet (to proposed canopy), four feet (to existing pavement), and 5.6 feet (to existing structure);
rear (south) setbacks of zero feet (to existing brick paver pool deck), 14 feet (to cover wood
structure), and 26.6 feet (to existing building).
The requested setbacks will facilitate a new parking garage as a part of the redevelopment on the
adjacent parcel which will improve the existing parking conditions for the hotel. The existing
Quality Inn hotel will share a total of 252 off-street parking spaces with the new hotel on Parcel
B. The overall project will result in a total of 207 mid-priced hotel rooms on the beach with on-
site parking that is in compliance with Code provisions. For this reason, Staff supports the
requested reductions to setbacks.
Maximum Building Height: Pursuant to CDC Table 2-803, there is no minimum height
requirement for Comprehensive Redevelopment Infill Project; however, for comparison
purposes, Beach by Design restricts the height of overnight accommodations prescribed by its
respective zoning district which in the T District allows a height for overnight accommodation to
range between 35 100 feet. There are no proposed changes to the height of the hotel through
this application. The existing building is 49.5 feet in height from Base Flood Elevation (BFE) to
the top of roof, which is below the Code maximum.
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DEVELOPMENT REVIEW DIVISION
Minimum Off-Street Parking: Pursuant to CDC Table 2-803, the minimum required parking for
overnight accommodations is 1.2 parking spaces per unit, or a minimum of 109 parking spaces
for the Quality Inn hotel with 91 hotel rooms.
The minor lot adjustment and proposed redevelopment project will result in only five surface
parking spaces on the subject property. However, the minor lot adjustment will create an
adjoining parcel allowing for the development of a fifteen story Hampton Inn & Suites. The first
five levels of the Hampton Inn & Suites will consist of a 245 space parking garage with an
additional two surface parking spaces while the Quality Inn site will have five surface parking
spaces for a total number of 252 off-street parking spaces for both properties. The hotels will
share these spaces through a shared parking and access agreement.
Located within the hotel is a 3,534 restaurant (IHOP) which includes an outdoor seating area that
is for the use of hotel guests as well as tourists and beach goers. The square footage of the
restaurant is less than 15 percent of the overall gross floor area of the hotel; therefore, as set forth
in CDC Section 2-803.I.11, no additional parking spaces are necessary. The number of parking
spaces required by the requested number of hotel rooms for the overall project is 248 parking
spaces at 1.2 parking spaces per room. The number of parking spaces provided for both hotels
exceeds the minimum number of spaces required by Code. The project will result in a total of
207 mid-priced hotel rooms on the beach with on-site parking that is in compliance with Code
provisions. Prior to the issuance of a certificate of Occupancy, the owners shall submit evidence
of a recorded shared parking, pedestrian, and access agreement between the Hampton Inn &
Suites and Quality Inn properties.
Mechanical Equipment: Pursuant to CDC Section 3-201.D.1, all outside mechanical equipment
must be screened so as not to be visible from public streets and/or abutting properties. No new
mechanical equipment is shown on the plans; however, if additional equipment is added later, it
will be reviewed at the time of submission for a building permit. The existing location and
screening of mechanical equipment complies with this Code provision.
Sight Visibility Triangles: Pursuant to CDC Section 3-904.A, to minimize hazards at the
driveways on, and the street intersection of South Gulfview Boulevard, 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. Some existing landscaping
has been within the sight visibility triangle. These encroachments have been reviewed by the
the circumstances
of this site. Shrubbery planted within the sight visibility triangles will need to be maintained to
meet the Code requirements which specifies that landscaping will not obstruct views between 30
inches above grade and eight feet above grade.
Utilities: Pursuant to CDC Section 3-911, for development that does not involve a subdivision,
all utilities including individual distribution lines must be installed underground unless such
undergrounding is not practicable. Any changes to the electric and communication lines for this
hotel will be installed underground on-site in compliance with this requirement. The proposal
complies with this Code provision.
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DEVELOPMENT REVIEW DIVISION
Landscaping: Pursuant to CDC Section 3-1202.D, there are no perimeter buffers required in the
Tourist District for this overall site; however, 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 applicant requested a reduction to the foundation planting through a Comprehensive
Landscape program. The existing landscape foundation strip varies in width from five foot wide
to zero feet (0.8 inches) wide. The existing plantings are mature and consist of queen palm trees,
royal palm trees, and white fountain grasses. Staff believes the existing foundation plantings are
acceptable; however, the applicant shall restore and/or replace any unhealthy or dead
landscaping found within landscape strip with Florida Grade #1 plant material.
Solid Waste: The Quality Inn will utilize the trash room located on the first level of the
Hampton Inn & Suites parking garage. The trash room will be equipped with a garage door that
will allow Solid Waste access from South Gulfview Boulevard. The proposal has been found to
Signage: There is no sign request a part of this application; however, any future signage must
meet the requirements of Code and be architecturally integrated with the design of the building
with regard to proportion, color, material and finish and must be submitted to and approved by
Staff.
Additional Beach by Design Guidelines:
Beach by Design anticipates that properties located in the Clearwater Pass District will renovate
and revitalize in response to improving conditions on Clearwater Beach. This renovation of the
existing hotel and reconfiguration of the site is such a proposal. The proposed changes to the
subject property will remain consistent with surrounding development in this character district.
Section L.1 requires finish materials and building colors to reflect Florida or coastal vernacular
themes. The applicants propose to repaint the façade of the entire hotel to blend and be
compatible with the proposed Hampton Inn & Suites hotel. The colors of the building support the
coastal vernacular theme as set forth in the Beach by Design Guidelines. The primary color of
the building will be a light beige (Ambitious Amber) with a white (Modern White) accent color.
The various hotel roofs and canopy roof will be standing seam metal material teal green in color.
The blue roof color of the IHOP restaurant will remain the same.
Code Enforcement Analysis:
There are no outstanding Code Enforcement issues associated
with the subject property.
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DEVELOPMENT REVIEW DIVISION
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
Density 50 units/rooms per acre 91 units/rooms (144.44 units room X
(max. of 40 per acre: requesting 60 rooms
units/rooms) through Beach by Design Hotel
Density Reserve)
Impervious Surface Ratio 0.95 0.93 X
Minimum Lot Area N/A 26,447sq. ft. X
Minimum Lot Width N/A 83.97 feet (along S. Gulfview) X
Minimum Setbacks Front : N/A North: zero feet (to pavers) X
0.8 feet (deck)
8.1 feet (to structure)
19.7 feet (to building)
Side: N/A West: zero feet (to wood X
structure)
6.5 feet (to structure)
8 feet (to building)
East: Zero feet (to pavement X
and planters)
13.4 feet (to building)
Rear: N/A South: Zero feet (to pavement X
planters)
2.9 feet (to pool deck)
14.6 feet (to pool)
20.6 feet (to building)
Maximum Height 150 feet from BFE 49.5 feet (from BFE) X
through Beach by
Design
Minimum
1
Off-Street Parking N/A 5 parking spaces X
- See discussion under Minimum Off-Street Parking section.
1
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DEVELOPMENT REVIEW DIVISION
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.
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.
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Level II Flexible Development Application Review
DEVELOPMENT REVIEW DIVISION
COMPLIANCE WITH GENERAL STANDARDS FOR LEVEL TWO APPROVALS:
The
following table depicts the consistency of the overnight accommodation use with the General
Standards for Level Two Approvals as per CDC Section 3-914:
Consistent Inconsistent
1.The proposed development of the land will be in harmony with the scale, bulk, X
coverage, density and character of adjacent properties in which it is located.
2.The proposed development will not hinder or discourage development and use of X
adjacent land and buildings or significantly impair the value thereof.
3.The proposed development will not adversely affect the health or safety of persons X
residing or working in the neighborhood.
4.The proposed development is designed to minimize traffic congestion. X
5.The proposed development is consistent with the community character of the X
immediate vicinity.
6.The design of the proposed development minimizes adverse effects, including X
visual, acoustic and olfactory and hours of operation impacts on adjacent properties.
SUMMARY AND RECOMMENDATION:
The Development Review Committee (DRC) reviewed the application and supporting materials
at its meeting of December 6, 2012, and deemed the development proposal to be sufficient to
move forward to the Community Development Board (CDB), based upon the following findings
of fact and conclusions of law:
Findings of Fact
The Planning 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 1.438 acre subject property is located on the south side of South Gulfview Boulevard
approximately 894 feet west of Gulf Boulevard;
2.The subject property is currently developed with a 91-room hotel (Quality Inn) and its
associated parking lot;
3.That the subject property is located in the Tourist (T) District and the Resort High Facilities
(RFH) future land use plan category;
4.That the subject property is located in the Clearwater Pass District of Beach by Design and is
subject to all applicable requirements set forth therein;
5.The owners of the property propose to complete a minor lot adjustment separating the
Quality Inn hotel building from its parking lot to create two lots of record to allow for the
development of a Hampton Inn & Suites hotel;
6.The proposed Quality Inn parcel will have a lot width of 83.97 feet along South Gulfview
Boulevard and a lot area of 26,447 square feet;
7.The proposal is to bring the density of the existing hotel to conform with current Code
provisions through the Hotel Density Reserve;
8.The applicant proposes a mid-priced 91-unit overnight accommodation use at a density of
144.44 units/acre, which includes the allocation of 60 units from the Hotel Density Reserve
under Beach by Design;
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DEVELOPMENT REVIEW DIVISION
9.A companion Development Agreement (DVA2012-11001) that must be approved by City
Council is also on this CDB agenda is, providing for the allocation of the 60 units from the
Hotel Density Reserve;
10.The existing height of hotel is 49.5 feet from the Base Flood Elevation (BFE);
11.That the subject property will have five off-street parking spaces;
12.That the subject property will share a total of 252 off-street parking spaces and driveway
access with the proposed Hampton Inn & Suites property;
13.That the request includes reductions to the front (north) setbacks of zero feet (to existing
brick pavers), 0.8 feet (to existing covered wood deck), 8.1 feet (to proposed structure), and
19.7 feet (to existing building); side (east) setbacks of zero feet (to existing wood frame
structure), 6.5 feet (to structure), and 10 feet (to existing building); side (west) setbacks of
zero feet (to proposed canopy), four feet (to existing pavement), and 5.6 feet (to existing
structure); rear (south) setbacks of zero feet (to existing brick paver pool deck), 14 feet (to
cover wood structure), and 26.6 feet (to existing building)
14.That the maximum allowable I.S.R. is 0.95. The proposed I.S.R. is 0.93;
15.That the request includes a reduction to the required foundation landscaping width along
South Gulfview Boulevard from five feet to zero feet (0.8 inches);
16.There is no outstanding Code Enforcement issues associated with the subject property.
Conclusions of Law
The Planning and Development Department, having made the above findings of fact, reaches the
following conclusions of law:
1.That the 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 Comprehensive Landscape Program as
per Community Development Code Section 3-1202.G;
5.That the development proposal is consistent with the Clearwater Pass character district of
Beach by Design; and
6.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 91-room overnight accommodation use in the
Tourist (T) District with a lot area of 27,446 square feet (0.63 acres), a lot width of 83.97 feet
along South Gulfview Boulevard, front (north) setbacks of zero feet (to existing brick pavers),
0.8 feet (to existing covered wood deck), 8.1 feet (to proposed structure), and 19.7 feet (to
existing building); side (east) setbacks of zero feet (to existing wood frame structure), 6.5 feet (to
structure), and 10 feet (to existing building); side (west) setbacks of zero feet (to proposed
canopy), four feet (to existing pavement), and 5.6 feet (to existing structure); rear (south)
setbacks of zero feet (to existing brick paver pool deck), 14 feet (to cover wood structure), and
26.6 feet (to existing building); a building height of 49.5 feet (from base Flood Elevation to top
of roof); and five off-street parking spaces as a Comprehensive Infill Redevelopment Project,
under the provisions of Community Development Code Section 2-803.D; and (2) Increase in the
Community Development Board January 15, 2013
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DEVELOPMENT REVIEW DIVISION
permitted density by the allocation of 60 overnight accommodation units from the Hotel Density
Reserve created pursuant to Beach by Design as well as a reduction to the required foundation
landscaping width along South Gulfview Boulevard from five feet to zero feet as part of a
Comprehensive Landscape Program, under the provisions of the Community Development Code
Section 3-1202.G., subject to the following conditions of approval:
Conditions of Approval:
1.That approval of this Flexible Development application is subject to the approval of a
Development Agreement with the City (Case DVA2012-11001);
2.That prior to the issuance of any permit, a minor lot adjustment shall be recorded and
submitted consistent with the site plans approved by the Community Development Board;
3.That a demolition permit be obtained for the removal of any structures part of the Quality Inn
redevelopment proposal;
4.That no permits be issued for the Quality Inn property until appropriate cross access and
shared parking agreements serving the Hampton Inn & Suites property and the Quality Inn
property (FLD2012-11024/DVA2012-11002) are recorded in the public records;
5.That prior to the issuance of a Certificate of Occupancy, cross easements for drainage, fire
systems, maintenance etc. be recorded in the public records;
6.That the final design and color of the building be consistent with the elevations approved by
the CDB;
7.That any future freestanding signage must be monument-style meeting Code requirements
and be designed to match exterior materials and color of the building. Any proposed signage
for the hotel shall be reviewed and approved by Staff through a separate sign permit;
8.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;
9.That prior to the issuance of a Certificate of Occupancy, a hurricane evacuation plan for the
Quality Inn hotel be submitted and approved by the City for all Guests;
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, all requirements of General Engineering,
Stormwater Engineering, Traffic Engineering, and the Fire Department be addressed;
12.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;
13.That prior to the issuance of any Certificate of Occupancy, all utilities, including any
individual distribution lines serving this development within the right-of-way along the east
side of South Gulfview Boulevard must be installed underground.
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Prepared by Planning and Development Department Staff:
Kevin W. Nurnberger, Planner III
ATTACHMENTS: Photographs of Site and Vicinity
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COMMUNITY DEVELOPMENT BOARD
PLANNING AND DEVELOPMENT DEPARTMENT
STAFF REPORT
MEETING DATE:
January 15, 2012
AGENDA ITEM:
D.3.
CASE:
FLD2012-11024 (Related to DVA2012-11002)
Flexible Development application to permit a 116-room overnight accommodation use
REQUEST:
in the Tourist (T) District with a lot area of 35,174 square feet (0.80 acres), a lot width
of 164.03 feet along South Gulfview Boulevard, front (north) setbacks of zero feet (to
pavement) and 4.8 feet (to building), side (east) setbacks of zero feet (to pavement and
canopy) and two feet (to building), side (west) setbacks of zero feet (to pavement) and 8
feet (to building), rear (south) setbacks of zero feet (to pavement) and 20.6 feet ( to
building); a building height of 150 feet (from Base Flood Elevation to roof slab) and
166 feet (to elevator shaft room); and 247 off-street parking spaces as a Comprehensive
Infill Redevelopment Project pursuant to Community Development Code Section 2-
803.D; and an increase in the maximum allowable density through the allocation of 76
overnight accommodation units from the Hotel Density Reserve created pursuant to
Beach by Design, as well as a reduction to the required foundation landscaping width
along South Gulfview Boulevard from five feet to 4.8 feet as part of a Comprehensive
Landscape Program pursuant to Community Development Code Section 3-1202.G.
GENERAL DATA:
Northside Engineering Services, Inc. (Housh Ghovee and Renee Ruggiero)
Clearwater Grande Development, LLC
Applicant / Owner..............
635 South Gulfview Boulevard; located on the south side of South Gulfview Boulevard,
.......
approximately 977.97 feet west of Gulf Boulevard
0.80 Acres
......
Resort Facilities High (RFH)
Future Land Use Plan
Tourist (T) District
Beach by Design (Clearwater Pass District)
Special Area Plan..............
Tourist (T) District
Adjacent Zoning... North:
Open Space/Recreation (OS/R) District
South:
Tourist (T) District
East:
Tourist (T) District
West:
Overnight Accommodations
Existing Land Use.............
Overnight Accommodations
D.3.
PLANNING & DEVELOPMENT
Level II Flexible Development Application Review
DEVELOPMENT REVIEW DIVISION
ANALYSIS:
Site Location and Existing Conditions:
The 1.438 acre subject property is located on
the south side of South Gulfview Boulevard
approximately 894 feet west of Gulf Boulevard.
The subject property is currently developed
with a 91-room hotel (Quality Inn) and its
associated parking lot. The existing building is
located on the east side of the site and oriented
north/south.
Retail Sales and services uses are located to the
north of the subject property. The adjacent
property to the west consists of the Econo
Lodge hotel. The adjacent parcel to the east
LOCATION MAP
consists of the Continental Towers
condominium property. The land area to the south consists of a beach that overlooks Clearwater
pass.
Development Proposal:
The subject property consists of a 91-room
hotel (Quality Inn) and its associated parking
lot on 62,620 square feet of lot area (1.438
acres). The owners of the property propose to
complete a minor lot adjustment separating the
561
hotel building from its parking lot to create two
lots of record (Parcels A & B) to allow for the
development of a new mid-priced hotel
(Hampton Inn & Suites). The existing Quality
Inn hotel will then be situated on a parcel of
land with a lot width of 83.97 feet (along South
Gulfview Boulevard) and 27,446 square feet in
691
lot area (0.63 acres)(see Agenda Item D.2).
ZONING MAP
The proposed Hampton Inn & Suites will be
164.03 feet (along Gulfview Boulevard) and 35,174 square feet of lot area (0.80 acres).
-
unit overnight accommodation use. The building will be fifteen stories with a base foot print of
21,866 square feet. The building will be of a tropical modern architecture, a Key West Coastal
Design, which is appropriate for the waterfront property and compliments the Florida coastal
vernacular envisioned by Beach by Design.
The first five stories will be a parking garage consisting of a total of 245 parking spaces,
approximately fifty parking spaces per level. The existing Quality Inn and proposed Hampton
Inn & Suites will share the off-street parking spaces located in the garage through a shared
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parking and access agreement. Guests of both
hotels will access the parking garage from South
Gulfview Boulevard through a shared driveway
to the garage entrance. The ground level will
have eight designated check-in parking spaces. A
ground floor elevator lobby in the parking garage
will take Hampton Inn guests to the main lobby,
administrative offices, and hotel registration on
the sixth floor. This proposal also includes a
ground-level pool located to the south of the hotel
building adjacent to the Clearwater Pass beach
area. The sixth floor will also have 3,400 square
feet of amenities located in the hotel that consists
of a breakfast area, two meeting rooms, a
business center, suit shop, and a fitness center.
EXISTING SURROUNDING USES
The sixth floor will also have 10,713 square foot
terrace that includes outdoor seating areas and a
bar that will overlook Clearwater Pass and the Gulf of Mexico.
The seventh through eleventh floors will be 9,023 square feet and mostly consist of hotel rooms.
The twelfth through fifteenth floors will consist of hotel rooms with floor areas ranging between
8,623 square feet of area and 7,969 square feet of area. The building will be 150 feet in height
from base flood elevation to the roof slab and 166 feet to the top of building which is a small
elevator shaft tower.
The materials and color of the building support the tropical modern architecture and its natural
surroundings. The base of the building (parking garage) will be a brown color with a White
Duck (white) architectural details. The remainder of the building will be painted Ambitious
Amber (light beige) with White Duck (white) architectural details. The various tower roofs and
main roof will be standing seam metal material colonial red in color. Proposed canopies along
the first floor will be colonial red in color to match the roof color. The window mullions and
balconies will be white in color.
The proposal is to construct a 116-unit overnight accommodation use at a density of 143.74 units
per acre, which includes the allocation of 76 units from the Hotel Density Reserve under Beach
by Design. Also on this CDB agenda is a companion Development Agreement (DVA2013-
11002) that must be approved by City Council, which provides for the allocation of the 76 units
from the Hotel Density Reserve. This Development Agreement provides for the mandatory
evacuation/closure of the hotel in the event of the posting of a hurricane watch including
Clearwater Beach by the National Hurricane Center, which also complies with Beach by Design
criteria. The applicant indicates room rates for this hotel will be between $89-$160 range. It
also complies with the Beach by Design criteria that access to all rooms be through a lobby and
internal corridors.
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The subject development proposal is located in the Clearwater Pass character district established
in Beach by Design. Beach by Design anticipates that properties located in the Clearwater Pass
District will renovate and revitalize in response to improving conditions on Clearwater Beach.
This project is such a proposal which is consistent with the vision for the district. The
development of a mid-priced hotel on the subject property is also consistent with surrounding
development in this character district.
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.
Density: Pursuant to the Countywide Future Land Use Plan and CDC Section 2-801.1, the
maximum density for properties with a designation of Resort Facilities High is 50 overnight
accommodation units per acre. Based on the proposed minor lot adjustment the Hampton Inn &
Suites property will have 35,174 square feet of land area (0.80) acres zoned Tourist District, and
a maximum of 40 overnight accommodation units are permissible under current regulations. The
proposal also requests 76 hotel rooms from the Hotel Density Reserve, adopted as an amendment
to Beach by Design under Ordinance 7925-08. The overall density for this project is 143.74
overnight accommodation units/rooms per acre, which is below the maximum of 150 units per
acre established in Beach by Design for projects that have acquired units from the Hotel Density
Reserve.
Impervious Surface Ratio (ISR): Pursuant to CDC Section 2-801.1, the maximum allowable
I.S.R. is 0.95. The proposed I.S.R. is 0.89, which is consistent with the Code provisions.
Minimum Lot Area and Width: Pursuant to CDC Table 2-803, there are no minimum lot area
and lot width for Comprehensive Redevelopment Infill Projects; however, the minimum lot area
for overnight accommodations can range between 10,000 20,000 square feet. The proposed
Hampton Inn & Suites property will consist of 35,174 square feet of lot area. Pursuant to the
same Table, the minimum lot width for overnight accommodations can range between 100 150
feet. The proposed minor lot adjustment will create a parcel with a lot width of 164.03 feet along
South Gulfview Boulevard. While the proposal is a Comprehensive Infill Redevelopment Project
use, the proposed parcel of land complies with the lot width and area standards established for
overnight accommodation uses.
Minimum Setbacks: Pursuant to CDC Table 2-803, there are no minimum front, side, and rear
setbacks for Comprehensive Redevelopment Infill Projects; however, the minimum front setback
for overnight accommodations can range between 0 15 feet and the minimum side setback can
range between 0 10 feet. The development proposal includes a front (north) setback of 0.8 feet
(to proposed structure) and 4.8 feet (to proposed building); side (east) setbacks of zero feet (to
proposed pavement and canopy), two feet (to proposed building), and 13.4 feet (to proposed
building); side (west) setbacks of zero feet (to proposed pavement) and eight feet (to proposed
building); rear (south) setbacks of zero feet (to proposed pavement and planters), 2.9 feet to
proposed (proposed paver pool deck), 14.6 feet (to proposed pool), and 20.6 feet ( to proposed
building).
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An underlying aspect of this proposed development project is the approval of the proposed minor
lot adjustment necessary to create the separate parcel of land to allow for the Hampton Inn &
Suites to be built. As noted earlier, although there are no minimum lot width and lot area
requirements for a Comprehensive Infill Redevelopment Project, the proposed Hampton Inn &
Suites parcel will exceed the minimum development standards. The requested setback
reductions are based on location of proposed lot lines to the buildings base or the parking
garage. To develop the property with the sufficient number of parking spaces for both hotels, the
parking garage needs to be five levels with approximately 50 parking spaces per level with a
building foot print of 21,866 square feet as well as 21,866 square feet per level. Other front,
side, and rear setbacks are requested which include setbacks to the proposed shared driveway
along the east side of building, a pedestrian walkway along the west side of building, and
setbacks to planters and pool deck along the rear of the property; however, these setback requests
will allow the parking garage to comply with the interior dimensional standards for parking
garages and to meet the standard of 1.2 parking spaces per hotel unit for the each hotel. The
setback requests still allow for landscaping along the front and west side to soften the scale and
proximity of the building to pedestrians either on the public right-of-way or those using the
pathway between the Hampton Inn & Suites building and the Econo Lodge to the west. Staff
supports the requested setbacks reductions which will allow for an overnight accommodation on
the beach with adequate parking on site.
Maximum Building Height: Pursuant to CDC Table 2-803, the maximum allowable height for
overnight accommodations can range between 35 100 feet. The proposed building is 150 feet
in height from Base Flood Elevation (BFE) to the flat roof, which is above the Code maximum;
however, as this property is located within the Clearwater Pass character district of Beach by
Design and the owners are requesting 76 hotel rooms from the Hotel Density Reserve, as set
forth in Beach by Design Section B.2, the maximum height of the hotel can be 150 feet in height
provided that there is no more than one other building more than 100 feet in height within 500
feet of the proposed development site. According to City records, the only building within 500
feet of the proposed Hampton Inn & Suites site that exceeds 100 feet in height in the Continental
Towers which is located approximately 136 feet to the south west of the proposed site.
The building elevation plans show an overall building height of 166 feet. The Code makes
allowances for mechanical equipment enclosures and elevator rooms to project sixteen feet
above the roof. The project includes an elevator tower which permits the addition sixteen feet in
height; therefore, the overall height of the hotel complies with Code.
Minimum Off-Street Parking: Pursuant to CDC Table 2-803, the number of parking spaces shall
be determined by the community development coordinator based on the specific use and or ITE
manual standards. The minimum required parking for overnight accommodations is 1.2 parking
spaces per unit, or a minimum of 139 parking spaces for the Hampton Inn & Suites hotel with
116 hotel rooms. The proposal includes constructing two surface level parking spaces on site
and a garage with 245 parking spaces for the use of the proposed Hampton Inn & Suites and
adjacent existing Quality Inn hotel. An additional five surface parking spaces will be located on
the Quality Inn site for an overall total of 250 parking spaces for both properties. The number of
hotel rooms for both hotels will be 207 rooms which require 248 parking spaces. The plans show
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that 252 parking spaces at a ratio of 1.2 spaces per unit will be provided. The proposal is
compliant with this Code provision.
The proposal includes 3,400 square feet of amenities located in the hotel on the sixth floor that
consists of a breakfast area, two meeting rooms, a business center, suit shop, and a fitness center.
The sixth floor will also have 10,713 square foot terrace that includes outdoor seating areas and a
bar that will overlook Clearwater Pass and the Gulf of Mexico. Code requires additional parking
spaces if interior accessory uses square footage exceeds fifteen percent of the overall gross floor
area of the building. The square footage of the interior amenities is less than fifteen percent of
the overall gross floor area of the hotel; therefore, as set forth in CDC Section 2-803.I.11, no
additional parking spaces are necessary.
As stated above, the proposed Hampton Inn & Suites and existing Quality Inn hotel will share
the proposed seven surface parking spaces, 245 parking spaces located within the parking
garage, pedestrian access to and from the garage on both properties, and driveway access to and
from the parking garage. Prior to the issuance of a certificate of Occupancy, the owners shall
submit evidence of a recorded shared parking, pedestrian, and access agreement between the
Hampton Inn & Suites and Quality Inn properties.
Mechanical Equipment: Pursuant to CDC Section 3-201.D.1, all outside mechanical equipment
must be screened so as not to be visible from public streets and/or abutting properties. There will
be mechanical equipment located on top of the flat roof slab that will be completely screened by
an eight foot in height roof enclosure. No other mechanical equipment is shown on the plans;
however, if additional equipment is added later, it will be reviewed at the time of submission for
a building permit. The location and screening of mechanical equipment complies with this Code
provision.
Sight Visibility Triangles: Pursuant to CDC Section 3-904.A, to minimize hazards at the
driveway on South Gulfview Boulevard, 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. Approximately 12.5 square feet of area of the hotel building is
proposed within the sight visibility triangles. To reduce potential pedestrian-automobile conflict
at the driveway entrance, the applicants propose to install decorative red colored pavers with a
distinctive pattern to provide a visual mark to pedestrians using the public right-of-way, clearly
identifying the entrance. Shrubbery planted within the sight visibility triangles will need to be
maintained to meet the Code requirements. Nevertheless, the encroachments have been reviewed
because the
applicant will provide other pedestrian and vehicular warning devices such
as traffic signals or
flashing warning signs at the driveway entrance to the site.
Utilities: Pursuant to CDC Section 3-911, 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 hotel will be
installed underground on-site in compliance with this requirement. Electric panels, boxes and
meters are proposed to be located on the fifth level of the parking garage within an enclosed
room. The proposal complies with this Code provision.
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The site plans shows a portion of the building will be built in a Florida Power Corporation
easement. Prior to the issuance of any permits, the applicant shall provide documentation that
the easement is vacated or that Florida Power Corporation approves of the construction in the
easement.
Landscaping: Pursuant to CDC Section 3-1202.D, there are no perimeter buffers required in the
Tourist District for this overall site; however, 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 applicant has requested a reduction to the foundation landscaping from five feet to 4.8 feet
thorough the Comprehensive Landscape Program. The proposal includes foundation plantings
along the north building façade along South Gulfview Boulevard within a five foot wide
landscaped area except for the northeast corner of the property where the location of the building
reduces the width of the landscaped area to 4.8 feet. The foundation planting area will be
planted with palm trees, beach naupaka, and green carpet natal plum. The underplantings will not
interfere with the proposed window canopies or shutters on the north façade, and the foundation
landscaping should provide adequate visual relief from the scale of the parking levels and
structures. All landscaping plants and trees shall be Florida Grade #1 plant material with an
automatic irrigation system.
Solid Waste: Hotel housekeeping staff will remove trash from units and transport the trash to the
trash chute room on the sixth floor. Trash will travel down the chute to the trash room located on
the first level of the parking garage. The trash room will be equipped with a garage door that
will allow Solid Waste access to the trash room from South Gulfview Boulevard. The proposal
Signage: The proposal includes a monument-style sign along South Gulfview Boulevard;
however, no detail of the proposed sign was included in the site plans. No signage is being
reviewed as a part of this development application. Any monument sign shall not exceed six feet
in height per parcel for development in the Tourist District. Any proposed signage shall be
reviewed by Staff to ensure the signs comply with Code requirements through a separate sign
permit or be reviewed through a Comprehensive Sign Program application.
Additional Beach by Design Guidelines: As previously noted, Section B.2 allows for a
maximum height of 150 feet in height from the base flood elevation for overnight
accommodations provided that there is no more than one other building more than 100 feet in
height within 500 feet of the proposed development site. According to City records, the only
building within 500 feet of the proposed Hampton Inn & Suites site that exceeds 100 feet in
height in the Continental Towers which is located approximately 136 feet to the south west of the
proposed site whereby the proposed height is compliant with the guidelines.
Section B.3. requires that the floorplate of any portion of the building that is between forty-five
feet and one hundred feet in height will be no greater than 25,000 square feet except for
structures open the public. The sixth floor, seventh floor, eighth floor, ninth floor, and tenth
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DEVELOPMENT REVIEW DIVISION
floor are the floor levels that make up the floorplates between forty-five feet and one hundred
feet. The sixth floor will have 11,209 square foot of floor area. The seventh through tenth floors
will be 9,023 square feet of floor area. Each of these floor levels comply with the guidelines. The
guidelines also require that the floor levels between one hundred feet and one hundred fifty feet
have floorplates no greater than 10,000 square feet. The eleventh floor starts at one hundred feet;
it will be 9,023 square feet and the twelfth floorplate will be 8,623 square feet. The thirteenth,
fourteenth, and fifteenth floorplates will be 7,696 square feet. The gradual reduction in floor
area per level creates a wedding cake affect as required. The proposed building is in compliance
with the 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 21,866 square feet. The
ong South Gulfview
Boulevard, 245 feet along the west side of the property, 220 feet along the east side of the
property, while the vertical plane is approximately 163.1 feet from grade to the top of the tallest
roof. None of these dimensions are equal. Modulation of the building massing, especially on the
eastern and southern façade, also provides considerable dimensional variation.
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 greater than 100 feet in
length include a minimum of one vertical stepback per façade 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. The applicant has calculated the total square footage shown in the
following table:
Exterior Finishes and Openings Percentages Table
Total square footage of Percentage of Elevation as
Total square footage Architectural Architectural Decoration
Building Elevation shown on elevation Decoration/Windows /Windows
North 21,990 15,552 70.70%
East 24,966 15,319 61.36%
South 21,992 13,530 61.50%
West 24,962 16,785 67.20%
The above table outlines the percentages which are consistent with the aforementioned provision.
Section C.4 states that no more than 70 percent of the theoretical maximum building envelope
located above forty-five feet will be occupied if the property is located between Gulfview
Boulevard and the Gulf of Mexico. In addition, the parcel must be less than 2.0 acres and obtain
rooms from the Hotel Density Reserve. The applicant has calculated the overall proposed
building mass above 45 feet at 28.7 percent. The proposed theoretical building envelop complies
with this Beach by Design guideline.
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DEVELOPMENT REVIEW DIVISION
Section L.1 requires finish materials and building colors to reflect Florida or coastal vernacular
themes. The materials and color of the building support the tropical modern architecture and its
natural surroundings. The base of the building (parking garage) will be brown color with White
Duck (white) architectural details. The remainder of the building will be painted Ambitious
Amber (light beige) with White Duck (white) architectural details. The various tower roofs and
main roof will be standing seam metal material colonial red in color. The window mullions and
balconies will be white in color.
In addition, Section L.1 requires all awnings to contain a minimum of at least three distinct
colors where bright colors shall be limited to trims and accents. Proposed awnings along the first
floor will be only one color, colonial red to match the roof color. The applicants shall revise the
color of proposed the awnings to meet the minimum three distinct colors as set forth in
guidelines.
Code Enforcement Analysis:
There are no outstanding Code Enforcement issues associated
with the subject property.
COMPLIANCE WITH STANDARDS AND CRITERIA:
The following table depicts the
consistency of the development proposal with the standards as per CDC Section 2-801.1 and
Table 2-803 and Beach by Design;
Standard Proposed Consistent Inconsistent
Density 50 units/rooms per acre 116 units/rooms (143.74 units X
(max. of 40 room per acre: requesting 76
units/rooms) rooms through Beach by Design
Hotel Density Reserve)
Impervious Surface Ratio 0.95 0.89 X
Minimum Lot Area N/A 35,174square feet X
Minimum Lot Width N/A 164.03 feet X
Minimum Setbacks Front : N/A (Hotel) North: 0.8 feet (to pavement) X
4.8 feet (to building)
Side: N/A (Hotel) West: Zero feet (to pavement) X
8 feet (to building)
East: Zero feet (to pavement) X
13.4 feet (to building)
Rear N/A (hotel) South: Zero feet (to pavement) X
20.6 feet (to building)
Maximum Height 150 feet from BFE 150 feet (from BFE to top of roof X
through Beach by slab) and 166 feet (to top of
Design elevator room)
Minimum N/A 247 parking spaces X
Off-Street Parking
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COMPLIANCE WITH FLEXIBILITY CRITERIA:
The following table depicts the
consistency of the development proposal with the Flexibility criteria as per CDC Section 2-803.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.
1
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.
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.
1
See discussion below
Community Development Board January 15, 2013
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DEVELOPMENT REVIEW DIVISION
The applicant states that adjoining properties will not suffer substantial detriment as a result of
the proposed development. Sight lines from the existing Quality Inn were taken into account and
helps shape the form of the Hampton Inn parking garage. Sight lines were preserved from the
balconies to the beach A conditioned space for the trash room inside the parking garage will
control the olfactory concerns and noise will be handled by the owner and his operational
control.
In regards to the adjacent Econo Lodge property, the visual impact has been lessened as much as
possible by providing the required ten foot setback from the subject property line along the west
side property line where the Econo Lodge building is directly affected by the Hampton Inn
building.
The site plan also shows that a landscape promenade will be provided between the buildings.
Any music playing from the proposed Hampton Inn sixth floor terrace will be coming from two
stories above the last habitable floor of the Econo Lodge; any speakers will be directed to the
Code of
Ordinances which regulates the times of bar operations. Mechanical equipment is buffered and
concealed within the mansard screening roof level above the fifteenth floor. As noted above,
conditioned space for the trash room inside the parking garage will control the olfactory
concerns.
s above as well as their statement regarding the side
(west) setback. Although, the request requires a side (west) setback of eight feet, the reduction to
setback is towards the front of the property not near the area of the property where the Hampton
Inn building will be nearest to the Econo Lodge building. The applicant is providing the
standard ten foot side (west) setback along most of the west property line where the Econo
Lodge building is built directly on the property line.
COMPLIANCE WITH GENERAL STANDARDS FOR LEVEL TWO APPROVALS:
The
following table depicts the consistency of the overnight accommodation use with the General
Standards for Level Two Approvals as per Section 3-914.A., CDC:
Consistent Inconsistent
1.The proposed development of the land will be in harmony with the scale, bulk, X
coverage, density and character of adjacent properties in which it is located.
2.The proposed development will not hinder or discourage development and use of X
adjacent land and buildings or significantly impair the value thereof.
3.The proposed development will not adversely affect the health or safety of persons X
residing or working in the neighborhood.
4.The proposed development is designed to minimize traffic congestion. X
5.The proposed development is consistent with the community character of the X
immediate vicinity.
6.The design of the proposed development minimizes adverse effects, including X
visual, acoustic and olfactory and hours of operation impacts on adjacent properties.
Community Development Board January 15, 2013
FLD2012-11024 Page 10
PLANNING & DEVELOPMENT
Level II Flexible Development Application Review
DEVELOPMENT REVIEW DIVISION
SUMMARY AND RECOMMENDATION:
The Development Review Committee (DRC) reviewed the application and supporting materials
at its meeting of December 6, 2012, and deemed the development proposal to be sufficient to
move forward to the Community Development Board (CDB), based upon the following findings
of fact and conclusions of law:
Findings of Fact
The Planning Department, having reviewed all evidence submitted by the applicant and
requirements of the Community Development Code, finds that there is substantial competent
evidence to support the following findings of fact:
1.The 0.80 acre subject property is located on the south side of South Gulfview Boulevard
approximately 997.97 feet west of Gulf Boulevard;
2.The subject property is currently developed with a 91-room hotel (Quality Inn) and its
associated parking lot;
3.That the subject property is located in the Tourist (T) District and the Resort High Facilities
(RFH) future land use plan category;
4.That the subject property is located in the Clearwater Pass District of Beach by Design and is
subject to all applicable requirements set forth therein;
5.The owners of the property propose to complete a minor lot adjustment separating the
Quality Inn hotel building (Parcel A) from its parking lot to create two lots of record to allow
for the development and the Hampton Inn & Suites (Parcel B);
6.The proposed Hampton Inn & Suites parcel will have a lot width of 164.03 feet along South
Gulfview Boulevard and a lot area of 35,174 square feet;
7.The proposal is to construct a mid-priced 116-unit overnight accommodation use at a density
of 143.74 units/acre, which includes the allocation of 76 units from the Hotel Density
Reserve under Beach by Design;
8.A companion Development Agreement (DVA2012-11002) that must be approved by City
Council is also on this CDB agenda, provides for the allocation of the 76 units from the Hotel
Density Reserve;
9.The hotel is proposed at a height of 150 feet from the Base Flood Elevation (BFE) to the roof
slab and 166 feet to top of elevator room;
10.That the hotel is allowed a height of 150 from BFE provided the Development Agreement
allocating rooms from the Hotel Density Reserve is approved by City Council;
11.That the hotel will be only one of two buildings within five hundred feet of the project site
with a height of 100 feet as set forth in Beach by Design guidelines;
12.That the hotels floorplates between forty-five feet and one hundred feet will be less than
25,000 square feet as set forth in Beach by Design guidelines;
13.That the hotels floorplates between one hundred feet and one hundred fifty feet will be less
than 10,000 square feet as set forth in Beach by Design guidelines;
14.That no more than two of three building dimensions of the hotel in the vertical or horizontal
planes are equal in length as set forth in Beach by Design guidelines;
15.That all of the hotels facades greater than 100 feet in length include one vertical stepback per
façade as set forth in Beach by Design guidelines;
16.That the maximum building envelope above forty-five feet of the hotel will be 28.7 percent,
less than the allowable 70 percent as set forth in the Beach by Design guidelines;
Community Development Board January 15, 2013
FLD2012-11024 Page 11
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Level II Flexible Development Application Review
DEVELOPMENT REVIEW DIVISION
17.That the proposal includes large expanses of windows, canopies, shutters, balconies and
finishes commonly found in the tropical vernacular such as ambitious amber and standing
seam metal roofs;
18. The first five levels of the hotel will provide a total of 245 parking spaces with two surface
parking spaces on site with driveway access onto South Gulfview Boulevard;
19.The proposed Hampton Inn & Suites property will share parking and driveway access with
the existing Quality Inn hotel;
20.The proposal includes a front (north) setback of 0.8 feet (to proposed structure) and 4.8 feet
(to proposed building); side (east) setbacks of zero feet (to proposed pavement and planters),
two feet (to proposed building), and 13.4 feet (to proposed building); side (west) setbacks of
zero feet (to proposed pavement) and eight feet (to proposed building); rear (south) setbacks
of zero feet (to proposed pavement and planters), 2.9 feet to proposed (proposed paver pool
deck), 14.6 feet (to proposed pool), and 20.6 feet ( to proposed building);
21.That the maximum allowable I.S.R. is 0.95. The proposed I.S.R. is 0.89;
22.That the request includes a reduction to the required foundation landscaping width from five
feet to 4.8 feet;
23.That a portion of the proposed building will be built in a Florida Power Corporation
easement;
24.There is no outstanding Code Enforcement issues associated with the subject property.
Conclusions of Law
The Planning and Development Department, having made the above findings of fact, reaches the
following conclusions of law:
1.That the 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 Clearwater Pass 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 application to permit a 116-room overnight accommodation use in the
Tourist (T) District with a lot area of 35,174 square feet (0.80 acres), a lot width of 164.03 feet
along South Gulfview Boulevard, front (north) setbacks of zero feet (to pavement) and 4.8 feet
(to building), side (east) setbacks of zero feet (to pavement and canopy) and two feet (to
building), side (west) setbacks of zero feet (to pavement) and 8 feet (to building), rear (south)
setbacks of zero feet (to pavement) and 20.6 feet ( to building); a building height of 150 feet
(from Base Flood Elevation to roof slab) and 166 feet (to elevator shaft room); and 247 off-street
parking spaces as a Comprehensive Infill Redevelopment Project pursuant to Community
Development Code Section 2-803.D; and an increase in the maximum allowable density through
the allocation of 76 overnight accommodation units from the Hotel Density Reserve created
pursuant to Beach by Design, as well as a reduction to the required foundation landscaping width
along South Gulfview Boulevard from five feet to 4.8 feet as part of a Comprehensive Landscape
Community Development Board January 15, 2013
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PLANNING & DEVELOPMENT
Level II Flexible Development Application Review
DEVELOPMENT REVIEW DIVISION
Program pursuant to Community Development Code Section 3-1202.G., 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 DVA2012-11002);
2.That a minor lot adjustment plat as approved by the Community Development Board shall be
recorded and submitted prior to the issuance of any permit;
3.Prior to the issuance of any permits, the applicant shall provide documentation that the
Florida Power Corporation easement is vacated or that Florida Power Corporation approves
of the construction in the easement;
4.That a demolition permit be obtained for the removal of all structures a part of the Hampton
Inn & Suites development proposal;
5.That no permits be issued for the Hampton Inn & Suites property until appropriate cross
access and shared parking agreements serving the Hampton Inn & Suites property and the
Quality Inn property (FLD2012-11023/DVA2012-11001) are recorded in the public records;
6.That prior to the issuance of a Certificate of Occupancy, cross easements for drainage, fire
systems, maintenance etc. be recorded in the public records;
7.That the final design and color of the building be consistent with the elevations approved by
the CDB;
8.That the awning colors be revised to meet the guidelines which state that awnings shall be a
minimum of three distinct colors as set forth in Beach by Design;
9.That any future freestanding signage must be monument-style meeting Code requirements
and be designed to match exterior materials and color of the building. Any proposed signage
for the hotel shall be reviewed and approved by Staff through a separate sign permit;
10.That all landscaping plants and trees shall be Florida Grade #1 plant material with an
automatic irrigation system;
11.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;
12.That prior to the issuance of a Certificate of Occupancy, a hurricane evacuation plan for the
Hampton Inn & Suites hotel be submitted and approved by the City for all Guests;
13.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;
14.That prior to the issuance of any building permits, any applicable Public Art and Design
Impact Fee be paid;
15.That prior to the issuance of any building permits all Parks and Recreation fees be paid;
16.That prior to the issuance of any building permits, all requirements of General Engineering,
Stormwater Engineering, and Traffic Engineering shall be addressed;
17.That prior to the issuance of any building permits, all comments from the Fire Department
shall be addressed;
18.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
Community Development Board January 15, 2013
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DEVELOPMENT REVIEW DIVISION
South Gulfview Boulevard, as applicable, must be installed underground unless
undergrounding is not practicable;
19.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; and
Prepared by Planning and Development Department Staff:
Kevin W. Nurnberger, Planner III
ATTACHMENTS: Photographs of Site and Vicinity
Community Development Board January 15, 2013
FLD2012-11024 Page 14
COMMUNITY DEVELOPMENT BOARD
PLANNING AND DEVELOPMENT DEPARTMENT
STAFF REPORT
MEETING DATE:
January 15, 2012
AGENDA ITEM:
E.1.
CASE:
DVA2012-11001 (Related to FLD2012-11023)
Review, and recommendation to the City Council, of a Development Agreement
REQUEST:
between Clearwater Grande Development, LLC (the property owner) and the City of
Clearwater, providing for the allocation of 60 units from the Hotel Density Reserve
under Beach by Design.
GENERAL DATA:
Northside Engineering Services, Inc. (Housh Ghovee and Renee Ruggiero)
Clearwater Grande Development, LLC
Applicant / Owner..............
655 South Gulfview Boulevard; located on the south side of South Gulfview Boulevard,
.......
approximately 894 feet west of Gulf Boulevard
0.63 Acres
......
Resort Facilities High (RFH)
Future Land Use Plan
Tourist (T) District
Beach by Design (Clearwater Pass District)
Special Area Plan..............
Tourist (T) District
Adjacent Zoning... North:
Open Space/Recreation (OS/R) District
South:
Tourist (T) District
East:
Tourist (T) District
West:
Overnight Accommodations
Existing Land Use.............
Overnight Accommodations
E.1.
PLANNING & DEVELOPMENT
Level II Flexible Development Application Review
DEVELOPMENT REVIEW DIVISION
ANALYSIS:
Site Location and Existing Conditions:
The 1.438 acre subject property is located on
the south side of South Gulfview Boulevard
approximately 894 feet west of Gulf
Boulevard. The subject property is currently
developed with a 91-room hotel (Quality Inn)
and its associated parking lot.
Development Proposal:
Currently the existing 62,640 square feet of lot
area (1.438 acre) subject property consists of a
Quality Inn hotel and its associated parking lot.
The applicant proposes to separate the parking
lot area from the existing hotel building
through a minor lot adjustment to create two
LOCATION MAP
separate lots of record (Parcels A & B). The
Quality Inn will be situated on Parcel A with
27,446 square feet of lot area (0.63 acres) while
the remaining 35,174 square feet of lot area
(Parcel B) will be redeveloped with a fifteen-
story mid-priced hotel (Hampton Inn & Suites).
The existing Quality Inn currently has 91 hotel
561
rooms. The proposal is to bring the density of
the existing hotel to conform to current Code
provisions through the Hotel Density Reserve
after the minor lot adjustment. Based on
current Code provisions which allow fifty hotel
units per acre, only 31 hotel rooms are
691
allowable on a parcel of land with 0.63 acres
ZONING MAP
(27,446 square feet of lot area). However,
Beach by Design allows for a maximum of 100 hundred hotel rooms to be allocated through the
Hotel Density Reserve to any development with a lot size of less than 2.5 acres. For this reason
the owners of the Quality Inn hotel are proposing to retain the 91-unit overnight accommodation
by requesting 60 units from the Hotel Density Reserve at a density of 144.44 units per acre
which is below the maximum density of 150 units per acre as set forth in Beach by Design
special area plan.
This development agreement to allow for a total of 91 hotel rooms (144.44 rooms per acre on net
lot acreage, including the allocation of 60 units from the Hotel Density Reserve) includes a
companion Flexible Development application (FLD2012-11023). The existing Quality Inn will
share parking with the new Hampton Inn & Suites. A total of 252 parking spaces will be
provided between the two proposed lots. Five off-street parking spaces will be located on the
Quality Inn property with the remaining 247 off-street parking spaces provided through a shared
access and parking agreement within the garage of the Hampton Inn & Suites. The number of
Community Development Board January 15, 2013
DVA2012-11001 Page 1
PLANNING & DEVELOPMENT
Level II Flexible Development Application Review
DEVELOPMENT REVIEW DIVISION
parking spaces provided for both overnight
accommodations complies with the development
standards of 1.2 spaces per unit as set forth in the
Community Development Code.
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 were
established under the Hotel Density Reserve
where currently a total of 947 units are available
within the density reserve; this development
agreement proposal requests the allocation of 60
EXISTING SURROUNDING USES
units from it. The City has established criteria to
facilitate the allocation of the units. Such criteria
includes that accessory uses shall be consistent with a hotel; that no hotel room can be converted
to a residential use; that access to the hotel room must be through a lobby and internal corridors;
that the hotel shall establish a reservation system with a lobby/front desk area; and that the
development shall comply with the Metropolitan Planning Organizations (MPO) countywide
approach to the application of the concurrency management for transportation facilities. The
proposed redevelopment project meets the above criteria.
The proposed Development Agreement will be in effect for a period not to exceed twenty (20)
years, meets the aforementioned criteria for the allocation of units from the Hotel Density
Reserve under Beach by Design and also includes the following main provisions required for the
allocation of hotel units:
Provides for the allocation of 60 units from the Hotel Density Reserve;
Requires the developer to obtain building permits and certificates of occupancy in
accordance with Community Development Code (CDC) Section 4-407;
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.
Community Development Board January 15, 2013
DVA2012-11001 Page 2
PLANNING & DEVELOPMENT
Level II Flexible Development Application Review
DEVELOPMENT REVIEW DIVISION
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 meeting of December 6, 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 and conclusions of law:
Findings of Fact
The Planning and Development Department, having reviewed all evidence submitted by the
applicant and requirements of the Community Development Code (CDC), finds that there is
substantial competent evidence to support the following findings of fact:
1.That the 1.438 acre subject property is located on the south side of South Gulfview
Boulevard approximately 894 feet west of Gulf Boulevard;
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 applicants are requesting 60 units from the Hotel Density Reserve;
4.That the existing hotel will be situated on a parcel of land with a lot width of 83.97 feet
(along South Gulfview Boulevard) and 27,446 square feet of lot area;
5.That the proposed density is 144.44 units per acre is below the maximum density of 150 units
per acre as set forth in Beach by Design special area plan;
6.That the hotel has a reservation system with an internal lobby front desk area;
7.That all accessory uses are consistent with a typical mid-priced hotel;
8.That access to the overnight accommodation units shall be provided through a lobby with
internal corridors;
9.That the Traffic Engineering Department accepts the findings of the submitted Traffic Impact
Study which indicates that the proposed redevelopment project will not degrade the Level of
Service (LOS D or better) on surrounding transportation facilities nor adversely affect the,
nearby signalized intersections which is consistent with Metropolitan Planning Organizations
concurrency management for transportation facilities;
10.That the development proposal is subject to the requirements of Beach by Design, the Design
Guidelines contained therein as the property is located within the Clearwater Pass character
district and the criteria for allocation of units from the Hotel Density Reserve.
Conclusions of Law
The Planning and Development Department, having made the above findings of fact, reaches the
following conclusions of law:
Community Development Board January 15, 2013
DVA2012-11001 Page 3
PLANNING & DEVELOPMENT
Level II Flexible Development Application Review
DEVELOPMENT REVIEW DIVISION
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
(FLD2012-11023);
2.That the Development Agreement complies with the standards and criteria of CDC Section
4-606;
3.That the Development Agreement is consistent with and furthers the Visions, Goals,
Objectives and Policies of the Comprehensive Plan;
4.That the Development Agreement is consistent with the Visions, Goals, Objectives and
Policies of Beach by Design and the Clearwater Pass District; and
5.That the Development Agreement complies with the criteria in Beach by Design for the
allocation of units from the Hotel Density Reserve.
Based upon the above, the Planning and Development Department recommends the
APPROVAL
, and recommendation to the City Council, of a Development Agreement between
Clearwater Grande Development, LLC and the City of Clearwater, providing for the allocation
of 60 units from the Hotel Density Reserve under Beach by Design, for the property at 655 South
Gulfview Boulevard.
Prepared by Planning and Development Department Staff:
Kevin W. Nurnberger, Planner III
ATTACHMENTS: Photographs of Site and Vicinity
Community Development Board January 15, 2013
DVA2012-11001 Page 4
COMMUNITY DEVELOPMENT BOARD
PLANNING AND DEVELOPMENT DEPARTMENT
STAFF REPORT
MEETING DATE:
January 15, 2012
AGENDA ITEM:
E.2.
CASE:
DVA2012-11002 (Related to FLD2012-11024)
Review, and recommendation to the City Council, of a Development Agreement
REQUEST:
between Clearwater Grande Development, LLC (the property owner) and the City of
Clearwater, providing for the allocation of 76 units from the Hotel Density Reserve
under Beach by Design.
GENERAL DATA:
Northside Engineering Services, Inc. (Housh Ghovee and Renee Ruggiero)
Clearwater Grande Development, LLC
Applicant / Owner..............
635 South Gulfview Boulevard; located on the south side of South Gulfview Boulevard,
.......
approximately 977.97 feet west of Gulf Boulevard
0.80 Acres
......
Resort Facilities High (RFH)
Future Land Use Plan
Tourist (T) District
Beach by Design (Clearwater Pass District)
Special Area Plan..............
Tourist (T) District
Adjacent Zoning... North:
Open Space/Recreation (OS/R) District
South:
Tourist (T) District
East:
Tourist (T) District
West:
Overnight Accommodations
Existing Land Use.............
Overnight Accommodations
E.2.
PLANNING & DEVELOPMENT
Level II Flexible Development Application Review
DEVELOPMENT REVIEW DIVISION
ANALYSIS:
Site Location and Existing Conditions:
The 1.438 acre subject property is located on the
south side of South Gulfview Boulevard
approximately 894 feet west of Gulf Boulevard.
The subject property is currently developed as
BAYSIDE
the parking lot for a 91-unit hotel (Quality Inn).
Development Proposal:
Currently the existing 62,640 square feet of lot
area (1.438 acre) subject property consists of a
S
Quality Inn hotel and its associated parking lot.
The applicant proposes to separate the parking
PROJECT
SITE
lot area from the existing hotel building through
a minor lot adjustment to create two separate
lots of record (Parcels A & B).
LOCATION MAP
This development agreement includes a
companion Flexible Development application
P
(FLD2012-11024) to permit a fifteen-story
overnight accommodation use (Hampton Inn &
Suites) with 116 rooms, 247 off-street parking
spaces located in a five-level garage, and
associated accessory uses to be built on 561
proposed Parcel B. The minor lot adjustment
T
and redevelopment proposal will result in a
hotel with a density of 143.47 rooms per acre on
net lot acreage, including the allocation of 76
units from the Hotel Density Reserve on a lot of
OS/R
35,174 square feet of lot area which is below the
P
maximum density of 150 units per acre set forth 691
in Beach by Design special area plan. A total of
ZONING MAP
252 parking spaces will be provided through a
shared parking and access agreement between the new parcels of land. Five off-street parking
spaces will be located on the proposed Quality Inn property with the remaining 247 off-street
parking spaces provided through a shared access and parking agreement within the garage of the
Hampton Inn & Suites. The number of parking spaces complies with the development standards
of 1.2 spaces per unit as set forth in the Community Development Code.
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 were established under the Hotel Density Reserve
where currently a total of 947 units are available within the density reserve; this development
agreement proposal requests the allocation of 76 units from it. The City has established the
criteria that shall be met to facilitate the allocation of the units. Such criteria includes that
Community Development Board January 15, 2013
DVA2012-11002 Page 1
PLANNING & DEVELOPMENT
Level II Flexible Development Application Review
DEVELOPMENT REVIEW DIVISION
accessory uses shall be consistent with a hotel;
that no hotel room can be converted to a
residential use; that access to the hotel room must
be through a lobby and internal corridors; that the
hotel shall establish a reservation system with a
lobby/front desk area; and that the development
shall comply with the Metropolitan Planning
Organizations (MPO) countywide approach to
the application of the concurrency management
for transportation facilities. The proposed
redevelopment project meets the above criteria.
The proposed Development Agreement will be in
effect for a period not to exceed twenty (20)
years, meets the aforementioned criteria for the
allocation of units from the Hotel Density
Reserve under Beach by Design and includes the
EXISTING SURROUNDING USES
following main provisions:
Provides for the allocation of 76 units from the Hotel Density Reserve;
Requires the developer to obtain building permits and certificates of occupancy in
accordance with Community Development Code (CDC) Section 4-407;
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.
Community Development Board January 15, 2013
DVA2012-11002 Page 2
PLANNING & DEVELOPMENT
Level II Flexible Development Application Review
DEVELOPMENT REVIEW DIVISION
SUMMARY AND RECOMMENDATION:
The Development Review Committee (DRC) reviewed the application and supporting materials
at its meeting of December 6, 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 and conclusions of law:
Findings of Fact
The Planning and Development Department, having reviewed all evidence submitted by the
applicant and requirements of the Community Development Code (CDC), finds that there is
substantial competent evidence to support the following findings of fact:
1.That the 1.438 acre subject property is located on the south side of South Gulfview
Boulevard approximately 894 feet west of Gulf Boulevard;
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 applicants are requesting 76 units from the Hotel Density Reserve to allow for a 116
room mid-priced hotel;
4.The subject development proposal will be located on a parcel of land with a lot width of
164.03 feet (along South Gulfview Boulevard) and 35,174 square feet of lot area;
5.That the proposed density of 143.47 units per acre is below the maximum density of 150
units per acre set forth in Beach by Design special area plan;
6.That the hotel will have a reservation system with an internal lobby front desk area;
7.That all accessory uses are consistent with a typical mid-priced hotel;
8.That access to the overnight accommodation units shall be provided through a lobby with
internal corridors;
9.That the Traffic Engineering Department accepts the findings of the submitted Traffic Impact
Study which indicates that the proposed redevelopment project will not degrade the Level of
Service (LOS D or better) on surrounding transportation facilities nor adversely affect the
nearby signalized intersections which is consistent with Metropolitan Planning Organizations
concurrency management for transportation facilities;
10.That the development proposal is subject to the requirements of Beach by Design, the Design
Guidelines contained therein as the property is located within the Clearwater Pass character
district and the criteria for allocation of units from the Hotel Density Reserve.
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
(FLD2012-11024);
2.That the Development Agreement complies with the standards and criteria of CDC Section
4-606;
3.That the Development Agreement is consistent with and furthers the Visions, Goals,
Objectives and Policies of the Comprehensive Plan;
4.That the Development Agreement is consistent with the Visions, Goals, Objectives and
Policies of Beach by Design and the Clearwater Pass District; and
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PLANNING & DEVELOPMENT
Level II Flexible Development Application Review
DEVELOPMENT REVIEW DIVISION
5.That the Development Agreement complies with the criteria in Beach by Design for the
allocation of units from the Hotel Density Reserve.
Based upon the above, the Planning and Development Department recommends the
APPROVAL
, and recommendation to the City Council, of a Development Agreement between
Clearwater Grande Development, LLC and the City of Clearwater, providing for the allocation
of 76 units from the Hotel Density Reserve under Beach by Design, for the property at 655 South
Gulfview Boulevard (future property address of 635 South Gulfview Boulevard).
Prepared by Planning and Development Department Staff:
Kevin W. Nurnberger, Planner III
ATTACHMENTS: Photographs of Site and Vicinity
Community Development Board January 15, 2013
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