REZ2013-05003,
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MEETING DATE:
AGENDA ITEM:
CASE:
REQUEST:
GENERAL DATA:
Agent... ... ... ... ... ... ... ... ...
Applicant / Owner .............
COMMUNITY DEVELOPMENT BOARD
PLANNING AND DEVELOPMENT DEPARTMENT
STAFF REPORT
July 16, 2013
G.l.
REZ2013-05003
To amend the present Zoning Atlas designation from the Office (0) District to the
Medium Density Residential (MDR) District.
Renee Ruggiero
Highland Group Clearwater, LLC
Location ........................... 1515 South Highland Avenue, located on the southeast corner of Nursery Road and
South Highland Avenue.
Property Size .................... 4.91 acres
ANALYSIS:
Site Location and Existing Conditions:
This case involves a 4.91-acre parcel located on the southeast
corner of Nursery Road and South Highland Avenue. The parcel,
addressed as 1515 South Highland Avenue, is owned by Highland
Group Clearwater, LLC. The parcel is primarily vacant land with a
drive isle near the eastern property line that connects to the
shopping center to the south (LaBelle Plaza); there are also
approximately 93 parking spaces on the southern portion of the
parcel that are used by LaBelle Plaza. In 2007 a development order
for the subject property was issued for 68 attached dwellings and
19,199 square feet of non-residential floor area (per a Court Order
and Stipulation which expired December 2011) through a Flexible
Development application (FLD2006-06036). The development
order expired in March 2010 when the building permit
requirement was not met.
Request:
The request is to change the property's Zoning Atlas designation
from the Office (0) District to the Medium Density Residential
(MDR) District. Both the current district (Office) and the proposed
district (Medium Density Residential) are consistent with the
underlying future land use map classifcation of Residential/Office
General (R/OG); therefore, no future land use map amendment is
required. While no application for development has been received
as of date, the Zoning Atlas Amendment application materials
indicate the desire for the subject site to be used as an assisted
living facility.
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LOC�4710N MAP
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����Lll 1t'�L�t Level III Zoning Atlas Amendment Application Review
The applicant understands all necessary approvals
and permits must be obtained before development of
the subject site occurs.
Vicinity Characteristics:
Adjacent to the property, to the north (across
Nursery Road) are single family homes, to the south
are retail sales and services uses, to the west (across
South Highland Avenue) are single family homes,
offices, and vacant lots, and to the east are
condominiums. Abutting the subject property are
three City of Clearwater Zoning Atlas designations
and one Pinellas County Zoning designation; the R-
3, Single Family Residential District (Pinellas
County) shares the largest portion of the linear
perimeter boundary with approximately 778 feet or
38 percent (see Figure 1). The area is characterized
by primarily residential development to the north
and east, primarily residential and office uses to the
west and primarily commercial uses to the south.
A complete listing of the surrounding land uses,
Future Land Use Map designations and Zoning Atlas
designations are shown in Table 1.
Figure 1. Abutting Zoning Atlas Designations
38%
6%
21%
■ Commercial (C)
Office (0)
Low Medium
Density Residential
(LMDR)
R-3, Single Family
Residential
(Pinellas County)
PLANNING & DEVELOPMENT
LONG RANGE DIVISION
Community Development Board — July 16, 2013
REZ2013-05003- Page 2 of 9
o (� p��+t�� } N PLP.DIIVING & DEVE.LOPMENT
� 1i �.t�l ►'i�iQl Level IIIZoningAtlasAmendmentApplication Review LONGRANGEDMSION
y...._ . �, e.. . ,�. . . ... .
Table 1. Surrounding Future Land Use and Zoning Designations
Land Use FLUM Desi ation Zonin Atlas Desi ation
Direction
North: Sin le famil homes Residential Low (RL R-3 Coun
East: Condominiums Residential Urban (RU) Low Medium Density
Residential MDR
South: Grocery store, retail sales and Commercial General (CG) Commercial (C)
services
Residential Low (RL); R-3 (County);
West: Single family homes, vacant ResidentiaUOffice General Low Medium Density
land ���G� Residential (LMDR);
Office O
REVIEW CRITERIA:
No amendment to the Zoning Atlas shall be recommended for approval or receive a final action
of approval unless it complies with the standards contained in Section 4-602.F, Community
Development Code. Table 2 below depicts the consistency of the proposed amendment with the
standards as per Section 4-602.F.
Table 2. Consistency with Community Development Code Standards
F.1 The proposed amendment is consistent with and furthers X
the goals, policies and objectives of the Comprehensive
Plan and furthers the purposes of this Development Code
and other city ordinances and actions designed to
implement the plan.
F,2 The available uses to which the properly may be put are X
appropriate to the property which is subject to the
proposed amendment and compatible with existing and
planned uses in the area.
F.3 The amendment does not conflict with the needs and X
character of the neighborhood and the city.
F.4 The amendment will not adversely or unreasonably affect X
the use of other property in the area.
F.5 The amendment will not adversely burden public X
facilities, including the traffic-carrying capacities of
streets, in an unreasonably or disproportionate manner.
F.6 The district boundaries are appropriately drawn with due X
regard to locations and classifications of streets,
ownership lines, existing improvements and the natural
environment.
Community Development Board — July 16, 2013
REZ2013-05003- Page 3 of 9
° + 4+ PLANNING & DEVELOPMENT
� C Q��lel Level III Zoning Atlas Amendment Application Review LONGRANGEDIVISION
� �; _
RECOMMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW:
Consistency of Development with the Clearwater Comprehensive Plan and Community
Development Code and City Regulations [Section 4-602.F.1]
Recommended Findings of Fact:
Applicable goals, objectives and policies of the Clearwater Comprehensive Plan which support
the proposed amendment include:
Policy A.2.2.2 Residential land uses sha11 be sited on well-drained soils, in proximity to parks,
schools, mass transit and other neighborhood-serving land uses.
Goal A.4 The City shall not permit development to occur unless an adequate level of service is
available to accommodate the impacts of development. Areas in which the impact of existing
development exceeds the desired levels of service will be upgraded consistent with the target
dates for infrastructure improvements included in the applicable functional plan element.
Policy A.6.2.2 Encourage land use conversions on economically underutilized parcels and
corridors, and promote redevelopment activities in these areas.
Objective B.1.4 The City shall specifically consider the existing and planned LOS the road
network affected by a proposed development, when considering an amendment to the land use
map, rezoning, subdivision plat, or site plan approval.
Objective C.1.1 Assure an adequate supply of housing in Clearwater by providing for additional
new dwelling units in a variety of types, costs, and locations to meet the needs of the residents of
the City of Clearwater.
Recommended Conclusions of Law:
The request does not conflict with the goals, objectives and policies of the Clearwater
Comprehensive Plan and furthers said plan as indicated in the following. The proposed Medium
Density Residential (MDR) District provides a transition from the higher intensity commercial
uses to the south to the lower density single family homes to the north and is compatible with the
multi-family use to the east and lower density single family homes to the west. Although an
application for development has not been submitted at this time, the property owners have
indicated their intent to develop the subject property as an assisted living facility. This will add
to the availability of housing type choices in the vicinity and City. The subject site is located in
proximity to parks [Eagle Lake Park (Pinellas County) is approximately 1500 feet southeast of
the subject site], schools (two elementary schools, one middle school and one high school are
less than three miles from the subject site), mass transit (PSTA Route 73 operates on the segment
of South Highland Avenue abutting the subject site), and other neighborhood-serving uses (e.g.,
grocery store and bank to the south). In addition, the proposal does not degrade the level of
service for public facilities below the adopted standards (a detailed public facilities analysis
follows in this report). The parcel is vacant land, so the rezoning allows for the potential of
development of an economically underutilized parcel.
Community Development Board — July 16, 2013
REZ2013-05003- Page 4 of 9
� C1Ltil ►1'�L�1 Level III Zonin AdasAmendment lication Review PLANNING&DEVELOPMENT
9 APP LONG RANGE DIVISION
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Compatibility with Surrounding Property/Character of the City & Neighborhood [Section
4-602.F.2, 4-602.F.3 and Section 4-602.F.4]
Recommended Findings of Fact:
Existing surrounding uses consist of single family homes, condominiums, a grocery store,
various retail sales and services, a bank, and vacant land. The Zoning Atlas designations of
surrounding properties include Low Medium Density Residential (LMDR), R-3, Single Family
Residential (Pinellas County), Commercial (C), and Office (0).
The proposed Medium Density Residential (MDR) District primarily permits residential uses.
The intent of the Medium Density Residential (MDR) District is to protect and preserve the
integrity and value of existing, stable residential neighborhoods of inedium density while at the
same time, allowing a careful and deliberate redevelopment and revitalization of existing
neighborhoods in need of revitalization or neighborhoods with unique amenities which create
unique opportunities to increase property values and the overall attractiveness of the City.
The proposed Zoning Atlas designation will allow infill development of the subject property to
take place. A medium density residential use will serve as an appropriate transition from the
lower density residential areas to the north, east and west to the commercial and office uses to
the south, adding to the appeal of the neighborhood and overall attractiveness of the City.
Recommended Conclusions of Law:
The proposed Zoning Atlas designation is in character with the overall Zoning Atlas designations
in the area. Further, the proposal is compatible and consistent with the uses and character of the
surrounding properties and neighborhood in the vicinity of the subject property.
Sufficiency of Public Facilities [Section 4-602.F.5]
Recommended Findings of Fact:
To assess the sufficiency of public facilities needed to support potential development on the
property, the maximum development potential of the property under the present Future Land Use
Map designation and the present and requested Zoning designation were analyzed. Even though
this is a Zoning Atlas amendment application, maacimum development potential is based on the
underlying future land use, so for purposes of this analysis, sufficiency of public facilities is
based on the Future Land Use Map designation. Since there is no change to the Future Land Use
Map designation, there is no change to the development potential (i.e., dwelling units per acre or
floor area ratio).
The current Ofiice (0) District primarily permits office uses (see Table 3 for complete listing).
The proposed Medium Density Residential (MDR) District primarily permits residential uses. A
greater variety of uses is allowed in the existing Office (0) District. The proposed amendment to
the Medium Density Residential (MDR) District will decrease the number of allowable uses
from 24 to 14.
Community Development Board — July 16, 2013
REZ2013-05003- Page 5 of 9
a��1�(il �liilel Level III 2oning Atlas Amendment Application Review
u . `3�5�R..4,€ x. •. .. .
Table 3. Permitted Uses Comparison
PLANNING & DEVELOPMENT
LONG RANGE DMSION
Existing Office (0) District Proposed Medium Density
Residential MDR District
Communi Residenrial Homes u to 6 residents X
Detached Dwellin X
Offices X
Pazks and Recreation Facilides X
Places of Worshi X
Schools X
Accesso Dwellin X
Attached Dwellin X
Communi Residential Homes u to 14 residents X X
Detached Dwellin X
Educational Facilities X
Medical Clinic X
Nutsin Home X
Offices X
Off-Street Parkin X
Places of Worshi X
Public Trans ortation Facilities X
Restaurant X
Retail Sales and Service X
Schools X
TV/Radio Studios X
Utili /Infrastructure Facilities X X
Veterin Offices X
Assisted Livin Facilities X
Attached Dwellin X
Com rehensive Infill Redevelo ment Pro'ect X
Con e ate Caze X
Medical Clinic X
Mixed Use X
Non-Residential Off-Street Pazkin X
Nursin Homes X
Overni t Accommodations X
Pazks and Recreation Facilities X
Residential Infill Pro'ects X
Telecommunication Towers X
TV Radio Studios X
The future land use designation is typically used to examine impacts on public facilities;
however, a slightly different approach was taken to analyze potential impacts since there will be
no change to the Future Land Use Map. The existing Office (0) District primarily permits office
uses that measure intensity in terms of floor azea ratio; the proposed Medium Density Residential
(MDR) District primarily permits residential uses that measure intensity in terms of dwelling
units per acre. To measure impact to public facilities, the difference in impact between an office
use with a 0.50 floor area ratio (FAR) and a residential use with 15 dwelling units per acre, both
of which are the maximum FAR and units per acre allowable in the Office (0) and Medium
Density Residential (MDR) Districts with an underlying future land use of Residential/Office
General (R/OG), were compared. As shown in Table 4, the proposed
decreased demand of solid waste and an increase in demand of other
services, but will not degrade them below acceptable levels.
Community Development Board — July 16, 2013
REZ2013-05003- Page 6 of 9
change will result in
public facilities and
° Clearwater Level III Zonin Atlas Amendment A lication Review PLANNING & DEVELOPMENT
9 PP LONG RANGE DMSION
� ._�. �_��
Table 4. Public Facilities Level of Service Analysis
Net Capacity
Chan e Available?
Public Facility/Service Requested Medium
Current Office (0) Density Residential (MDR)
District District
(FAR 0. SO) 1 S units er acre
Streets 874 Trips 874 Trips 0 Yes
Potable Water 10,694 GPD 19,009 GPD 8,315 Yes
Wastewater 8,555 GPD 17,108 GPD 8,553 Yes
Solid Waste 288.7 Tons/Year 185.0 Tons/Year (103.7) Yes
Parkland 0.0 Acres 0.6 Acres 0.6 Yes
Notes:
1. Based on average daily trips per acreage figure, Pinellas County Countywide Plan Rules.
• ResidentiaUOffice General (R/OG) —178 vehicle trips per day per acre.
2. GPD — Gallons per day.
3. Based on 4.0 acres of arkland er 1,000 ersons and 2.2 ersons er unit.
The Trip Generation Comparison by Zoning Atlas Designation in Table 5 below indicates the
estimated trip generation for specific uses allowed in the current and proposed zoning districts
based on the Institute of Transportation Engineer's (ITE) Trip Generation 9`h Edition. The table
shows a decrease of 581 average daily trips and a decrease of 95 PM peak trips when comparing
the m�imum development potential of a typical office use in the Office (0) District to the
proposed assisted living use that would be allowed in the proposed Medium Density Residential
(MDR) District. Should the site be redeveloped as attached dwellings (residential
condominium/townhouse), there would be a potential decrease of 755 average daily trips and a
decrease of 121 PM peak trips, compared to a general office building developed at the highest
intensity allowed in the current Office (0) District.
Community Development Board — July 16, 2013
REZ2013-05003- Page 7 of 9
� C�L�1 1'1�1�1 Level III Zonin Atlas Amendment lication Review PLANNING&DEVELOPMENT
9 APP LONG RANGE DIVISION
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Table S. Trip Generation Comparison by ZoningAtlas Designation
Avg. Net Change PM Peak Net
Development PM Peak Change
Land Use potential Daily Avg Daily Trips Avg Trips PM Peak
Trips Trips Rate Tri s
Existing Designation: Office (0) District
General Office Building #�
(11.03 tri s/1,000 SF GFA 106,939 SF'4 1,179 N/A 1.49 159 N/A
Proposed Designation: Medium Density Residential (MDR) District
Assisted Living (2.72 220 BedsS 598 (581) 0.29 64 (95)
tri s/Occu ied Bed
Residential
Condominium/Townhouse3 73 units6 424 (755) 0.52 38 (121)
5.81 tri s/unit
Abbreviations and Notes:
N/A = Not Applicable. SF = Square Feet GFA = Gross Floor Area
1. Institute of Transportation Engineer's Trip Generation 9th Edition Land Use 710.
2. Institute of Transportation Engineer's Trip Generation 9th Edition Land Use 254.
3. Institute of Transportation Engineer's Trip Generation 9th Edition Land Use 230.
4. Floor area ratio permitted by the underlying R/OG Future Land Use Map category is 0.50.
5. Tota1 dwelling units permitted by the underlying R/OG Future Land Use Map category is 15 units per acre. For the
purpose of calculating the mvcimum development potential, 3.0 beds shall be equivalent to one dwelling unit per the
Community Development Code.
6. Total dwellin units ermitted b the underl in R/OG Future Land Use Ma cate or is 15 units er acre.
Recommended Conclusions of Law:
Based upon the findings of fact, it is determined that the traffic generated by the proposed
amendment will not result in the degradation of the existing level of service on either Nursery
Road or South Highland Avenue. There is an increase in demand for potable water, wastewater
and parkland, but there is adequate capacity to accommodate the maximum demand generated by
the proposed amendment.
Location of District Boundaries [Section 4-602.F.6]
Recommended Findings of Fact:
The location of the proposed Medium Density Residential (MDR) District boundaries is
consistent with the boundaries of the subject property. The proposed Medium Density
Residential (MDR) District is compatible with the single family residential uses to the north and
west, the multifamily use to the east, and the commercial uses to the south.
Recommended Conclusions of Law:
The district boundaries are appropriately drawn in regard to location and classifications of
streets, ownership lines, existing improvements and the natural environment.
Community Development Board — July 16, 2013
REZ2013-05003- Page 8 of 9
� C�Q� T'� �Ll.l Level III Zoning Atlas Amendment Application Review PLANNING 8c DEVELOPMENT
. ,� � �.
LONG RANGE DMSION
REVIEW PROCEDURE:
Approval of the Zoning Atlas amendment does not guarantee the right to develop the subject
property. The property owner must comply with all laws and ordinances in effect at the time
development permits are requested, including transportation concurrency provisions of the
Concurrency Management System in Division 9, Community Development Code.
RECOMMENDATION:
Based on the foregoing, the Planning and Development Department recommends the following
action:
Recommend APPROVAL of the request for Zoning Atlas amendment from the Office (0)
District to the Medium Density Residential (MDR) District.
Prepared by Planning and Development Department Staff: �� '
Laure atzke, AICP
Long Range Planning Manager
ATTACHMENTS: Resume
Photographs of Site and Vicinity
Community Development Board — July 16, 2013
REZ2013-05003- Page 9 of 9
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View looking east at the subject property, 1501 S. Highland Ave.
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South of the subject property, frontage on S. Highland Ave.,
Publix grocery store
Across S. Highland Ave., west of the subject property, single
family homes
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View looking south at the subject property, 1501 S. Highland Ave.
Across S. Highland Ave., west of the subject property, vacant
Office zoned parcel
View looking northerly along S. Highland Ave.
REZ2013-05003
Highland Group Clearwater, LLC
1501 S. Highland Ave.
Page 1 of 2
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View looking southerly along S. Highland Ave.
West of the subject property, frontage on Nursery Road,
condominiums
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View looking westerly along Nursery Road
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North of the subject property, across Nursery Road, single
family homes
View looking easterly along Nursery Road
REZ2013-05003
Highland Group Clearwater, LLC
1501 S. Highland Ave.
Page 2 of 2
Resume
Lauren Matzke, AICP
100 South Myrtle Avenue
Clearwater, FL 33756
727-562-4547
lauren.matzke(u�mvclearwater.com
PROFESSIONAL EXPERIENCE
Long Range Planning Manager December 2011 to present
Planner III, Long Range Division October 2008 to December 2011
Planner II, Long Range Division September 2008 to October 2008
City of Clearwater, FL
Responsible for numerous aspects of the Growth Management Act of Florida such as comprehensive
planning, Future Land Use Plan amendments, rezonings, and annexations. Update Community
Development Codes by Ordinance. Prepare staff reports for the City Council and Community
Development Board. Responsible for providing informational assistance to the public and developers
concerning development plans. Coordinate and manage various projects. Serve as the city's
representative on countywide and regional planning agency committees.
Senior Planner February 2007 to September 2008
City of St. Pete Beach, FL
Implemented new legislative directives for Florida's growth management laws related to
governments' comprehensive planning and land development regulations. Served as staff to the City
Commission, Planning Board and Historic Preservation Board. Administered the land development
regulations, processed future land use plan amendments and rezonings. Responsible for the
preparation of special area plans.
Environmental Specialist III August 2005 to February 2007
Florida Department of Environmental Protection, Tallahassee, FL
Served as primary reviewer of local government comprehensive plan amendments, sector plans and
evaluation and appraisal reports for the northwest region of Florida. Provided comments and
recommendations to the Florida Department of Community Affairs. Drafted policies and
comprehensive plan language regarding natural resource protection, assisting local government
representatives.
EDUCATION
Master's Degree in Urban and Regional Planning, Florida State University, 2006
Bachelor of Science in Design and Environmental Analysis, concentration in Gerontology, Cornell
University, 1998
LICENSES AND ASSOCIATION MEMBERSHIPS
American Institute of Certified Planners (2009 to Present)
American Planning Association (2003 to Present)
Florida Chapter (2005 to Present)
New York Metro Chapter (2003 to 2005)
�1
� C earwater
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Planning & Development Department
Zoning Atlas Amendment Application
ALL APPLICATIONS ARE TO BE FILLED OUT COMPLETELY AND CORRECTLY, AND SUBMITTED IN PERSON (NO FAX OR
DELIVERIES) TO THE PLANNING & DEVELOPMENT DEPARTMENT BY NOON ON THE SCHEDULED DEADLINE DATE.
A TOTAL OF li COMPLETE SETS OF APPLICATION MATERIALS (1 ORIGINAL AND 10 COPIES) AS REQUIRED WITHIN ARE TO
BE SUBMITTED FOR REVIEW BY THE DEVELOPMENT REVIEW COMMITTEE. SUBSEQUENT SUBMI7TAL FOR THE
COMMWVITY DEVELOPMENT BOARD WILL REQUIRE 15 COMPLETE SETS OF APPLICATION MATERIALS (1 ORIGINAL AND
14 COPIES). PLANS AND APPLICATIONS ARE REQUIRED TO BE COLLATED, STAPLED AND FOLDED INTO SETS.
IT IS INCUMBENT UPON THE APPLICANT TO SUBMIT COMPLETE AND CORRECT INFORMATION. ANY MISLEADING,
DECEPTIVE, INCOMPLETE OR INCORRECT INFORMATION MAY INVALIDATE YOUR APPLICATION.
THE APPLICANT, BY FILING THIS APPLICATION, AGREES TO COMPLY WITH ALL APPLICABLE REQUIREMENTS OF THE
COMMUNITY DEVELOPMENT CODE.
APPLICATION FEE:
$775 Rezoning Only
$0 If submitted concurrently with corresponding Future Land Use
Map Amendment (FLUM Amendment fee inclusive of rezoning)
PROPERTY OWNER(S)
(PER DEED): Highland Group Clearwater, LLC
MAILINGADDRESS: 5304 lst Avenue North, St. Petersburg, Florida 33710-8106
PHONE NUMBER: �z�_321-600�
EMAIL: keithbreadingpearthlink.net
AGENT OR REPRESENTATIVE: Renee Ruggiero
MAILING ADDRESS: 1453 Citrus Street Clearwater, Florida 33756
PHONE NUMBER: �2�-235-s4�5
EMAIL: Renee11463@gmail . com
ADDRE55 OF SUBJECT
PROPERTY (if applicable): � rj �� - � ,� �_1_ `
PARCEL NUMBER(S): 23-29-15-00000-3 0-0300
LEGAL DESCRIPTION: See �.ttached
�
REASON FOR REQUESTED Re-zoning of site to allow for Assisted Living Facility Use
AMENDMENT:
Planning � Development Department, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tet: 727-562-4567; Fax: 727-562-4$65
Page 1 of 5
Revised 03/12
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Planning & Development Department
Zoning Atlas Amen�iment Application
PLEASE ENSURE THAT THE fOLLOWING INFORMATtON IS FItLED OUT, IN iTS ENTIRETY, FAILURE TO COMPLETE THIS
FORM W1LL RESULT iN YOUR APPUCA770N BEING FpUND INCOMPLETE AND POSS�gL,Y DEFERRED U1�711. -r}�E FpLLOWING
APPUCAl101V CYCLE.
FUTURE CAND USE PLAN DESIGNATION
PRESENT:
REqUESTED: R/oG
ZONING DISTRICT
PRESENT:
REQUESTED:
Office
t�iedium Density Residential
SITE AREA: 237, 663. 36 MOL SQ- ft- 5.456 2��Dec���c�-'�`M yp ,.�.o
acres Pr� � �
�.a�.�, 3� c�-t�- (k��.,.�:.^ .� �,�..•�,� �,,�� � .
MAXIMUM ALtOWABtE DENSIT1f/1�11TElY51iY(S) :
Currer�t/fxisting
Future Land Use(s): ls r�PA
USE{Sj:
E�cisting (cu�rently on site
or prev�ous use if vacantj: virgin vacant r.ana
Proposed Future t.and Proposed (new use, if any;
Use(s) (if applicabie): i5 upA plus existing if to remain): Assisted �iving Facility
(units, rooms or beds per acre or non-
reside»tia! squore fooioge)
ZONING DISTRICTS FOR ALL ADlACENT PROPfRTY:
North: �
South: c
East: �R
Wesi: iu, and I,rIDR �
1, the und�
knowledge
Signature
STATE OF FLORIDA, tOUNTY OF PiNEUAS
� acknowledge tha# a!I representations made in this application are true and accurate to the best of my
uttiorize City representatives to visit and photograph the property described in this application.
Sworn to and subxribed before me this .Z,(O T�( day of
� ��L
� I3 . to me and/or by
_�L'! i Y� G�� I nIC� who is personally kr�own has
produced _ � as identification.
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SARAH HARV�Y
MY COMMISSiON � EE093218 Notary
EXPIRES June 11, 2015 My con
-Z�tS
��^Z^o� a�Pr++�t ��M. 100 S. Alyrtfo Avenw, Clea�, FL 3373id, Tel: 727-5a2-+16d7; fax: T27-5B2-4835
Ravlsed 03/12
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Planning & Development Department
Zoning Atlas Amendment
� Affidavit to Authorize AgentJRepresentative
1. Provide names of aii property owners on deed — PRINT full names:
Highland Group Clearwater, LLC
2. That (i am/we are) the owner(s) and record titie holder(s) of the fo!lowing described property:
23-29-i5-OOflfl0-340-03t3U Generally located at the SE corner of Highland and Nursery
3. That this property constitutes the property for which a request for (describe request):
Re-Zoning from Office to NIDR
4. That the ur�dersigned {has/have) appointed and (does/do) appoint:
Renee Ruggiero
as (his/their) agent(s) to execute any petitions ar other documents necessary to aff�ct such
petition;
5. That this affidavit has been executed to induce thQ City of Clearwaier, �lorida to conslder and act on the
above described property;
&. That site visits to the property are necessary by City representatives in order to process this appiication
and the own�r�thorizes City representatives to visii and phoiograph the property described in this
application; //� �
7. That (I/we),
i authority, hereby certify that the foregoing is true and correct.
STATf Of FLORIDA, COUNITY Of PINELLAS
Properiy Owner
Property Owner
BEFORE ME THE i3NDERSIGNED, A1V OFFlCER DULY COMMISSIONfD BY TF1f IAWS OF TFiE Si'ATE OF FiORiDA, ON
TNIS ��� DAY OF "�P,�4 L � �� PERSOI+fALLY APPEARED
�� �� �2-�� i�`+ WHO HAVi1VG BEEN FIRST DULY SWaRN
DFPOSED ANO SAYS THAT HEf�FE�FULLY UNDERSTANDS THE CONTENTS F TNE AFF1DAVtT TNAT NE/SHE SIGNED.
;��!'�""ti�;; 3ARAH HARVEY
�' '' MY COMMISSION # EE093218 �/
'•., p.,,`a!� EXPIRES Juna 11, 2015 Notary Pubtic Signature �� �'JF�+�I.�
(407� 398-0153 FloriOallotsryServi�e.wm
Notary ea amp My Commission Expires; �p�—� �—�i5
Ptanni� 3 D4va�opnfent �ttrrwrn, 1d0 S. !Myrtl� Avenu�. Cfaarwa6ar, FL 33758, Tel: 727-582-4367; Fa:: 727-662-4885
PagB 5 of 5
Ravl•sed 03/12
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Written Narrative to Zoning Atlas Amendment - Standards for Review
HIGHLAND GROUP CLEARWATER LLC
Parcel # 23-29-15-00000-340-0300
Vacant land at Southeast Corner of Highland Avenue & Nursery Road
1. The proposed amendment is consistent with and furthers the goals, policies and
objectives of the Comprehensive Pian and furthers the purpose of the Community
Development Code and other City ordinances and actions designed to implement the
Plan.
Below are some of the ways th,e proposed amendment further the goals, policies and
objectives of the Comprehensive Plan:
• The proposed amendment from Office to Medium Density Residential (MDR) is
considered compatible with the Countywide Future Land Use Designation of
Residential/OfFice General (R/OG) and is consistent with the Clearwater Comprehensive
Plan.
• The Needs Summary within the Future Land Section of the Comprehensive Plan
identifies Clearwater's economic base as tourism, retirement income, retailing and
services. Further stating, these sectors of the economy need to be maintained and
enhanced. The proposed amendment to MDR provides the necessary support to
promote a retirement income use such as an assisted living facility.
• The proposed amendment is compatible and therefore supported by the Community
Development Code as an infill development project.
• The Comprehensive Plan encourages land use conversions on economically
underutilized parcels and corridors offering support to promote redevelopment
activities in these areas.
• The amendment will help to facilitate the development of the abandoned, idled, and
underutilized property, bringing it back into productive use.
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2. The available uses to which the property may be put are appropriate to the property
which is subject to the proposed amendment and compatible with existing and
planned uses in the area.
The vacant 5 Acre (mol) site, together with its location at the intersection of Nursery
Road and Highland Avenue is perfectly situated and suited for the Medium Density
Residential Designation. The amendment will provide a medium density residential
district as a buffer between the existing Low Residential (RL) district (located north of
the site) and existing Commercial (C) designation to the south.
The requested Medium Density Residential (MDR) zoning district provides uses which
are appropriate and compatible with the surrounding Residential, Office and
Commercial uses. The proposed MDR designation primarily allows various types of
living units such as assisted living facilities, attached dwellings and community
residential homes; these uses are compatible with the existing surrounding residential,
office and commercial uses in the area.
3. The amendment does not conflict with the needs and character of the neighborhood
and city.
The proposed amendment to MDR and the uses available within the proposed district
will not be in conflict with the surrounding neighborhood; the amendment provides like
uses while offering the flexibility of assisted living facility uses.
Compliance with the Community Development Code further assures mitigation of any
anticipated conflicts through the installation of landscaping and buffer requirements;
together with densities, intensities and development standards offered within the MDR
district which are compatible with character of the neighborhood.
The proposed amendment of Medium Density Residential is in keeping with the
character of the surrounding neighborhood which is comprised of a mixture of single
family residences to the north and west, commercial and offices uses to the south and
southwest; and an attached dwel�ing unit development located just east of the site.
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4. The amendment will not adversely or unreasonably affect the use of other property in
the area.
An adverse impact on property in the area is not anticipated as a part of this
amendment from Office (0) to Medium Density Residential (MDR) as land values will
not suffer and the use of property in the area will not be negatively impacted.
5. The amendment will not adversely burden public facilities, including the traffic-
carrying capacities of streets, in an unreasonably or disproportionate manner.
Disproportionate burdens will not be placed upon public facilities through the approval
of this Zoning Atlas Amendment. Adequate services are available to service the site,
with the Developer paying all impact fees and costs associated with any future
development.
The amendment to Medium Density Residential (MDR) will allow additional uses such as
Assisted Living Facilities; these additional uses generally result in lower peak trips
based upon the following industry standard example:
Use: Assisted Living Facility (Example MDR District Use)
Factor: 0.22 trips per bed
Conversion: 6 beds = 1,000 sq. ft. Office
Use: Office Use (Current Office District)
Factor: 1.50 trips per 1,000 sq. ft.
6. The district boundaries are appropriately drawn with due regard to the locations and
classifications of streets, ownership lines, existing improvements and the natural
environment.
The boundaries of the proposed amendment are appropriate and follow the existing
outlines of the area currently designated Office (0) District; no changes are proposed to
boundaries only an amendment from Office to Medium Density Residential.
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3
I#: 2006042938 BK: 14912 PG: 2103, 02/03/2006 at 01:55 PM, RECORDING 2 PAGES
$18.50 D DOC STAMP COLLECTION $22400.00 KEN BURKE, CLERK OF COURT PINELLAS
COUNTY; FL BY DEPUTY CLERK: CLKDM82
RETURN�(�'rV
Keystone Title gency, inc.
�o�l.� 9735 U.S. Hwy. 19
Port Riche y, Florida 34668
I'rep.�red by �nd Relurn to:
Lisa Ferguson
�Ycst Co�st Title Agency, LLC
331 r\nlcote Rd, Suite 105
l�oirpon Springs, Florida 3J689 ,
incidcntal to issuance of a Title insrawue Polic�-
I'iic Number: 35S�SWC
General Warranty Deed
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�-ta�le diis P'ebru�ry 2, 2006 A.D. By Ldmund S. Whitson, Jr., a married man, 231 Windward Island, -- �
Cle�r«��ter, PL 33767, wltose mailing address is: 231 Windward Island, Clearwater, FL 33767, hereinat'ter called � -�
the grantor, to Ilighland Group Clean+�ater, I,LC, n Florida Limited Liability Company, whose post oFfice �,� �
address is: 710 South Fort I-[arrison Avenue, Clearwater, PL 33756, hereinafter called die grantee: �' �, ��
��
(lVlicnc��er uscd herein Ilm lern� "gronlor" and "grnnlee" include all ihe parties lo Iliis i�utrwnent and tlm licirs. legul represenlntir<s and assigne 91" �–'
inJr��iJuals. miJ tlic SucCCS.ors:inJossignSUfCOrpornlions) _ _
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Witncsseth, that the grantor, for aud in consideiation of the sum of Three Million Two I�Iundred � � �
T'Nous:ind
doll.u's & no cents, ($3,200,000.00) and other valuable conside-rations, receipt whereof is hereby acknowledged, herel�y S�rant:,'
bar,ains, sells, �liens, reinises, releases, conveys and confirms mito �he gran-tee, all tl�at certain land situ�le in Pinellas Counry, Fforid,�,
viz:
Scc Altached Scheduie A
Said �iroperty is not the homeslead of tlie Crantor(s) under �he laws and constitulion of the Stnre of F\fr,�Y�id �rjh�[�gitl,?c G, :r„c�(;} cr �urv
mcmbers of the household of Grantor(s) reside thcreon. �
ParcellD Number:23-29•IS-00000-340-0300 _
_ , ``
Subject tu covenanrs, conditions, restrictions, reservations, limitations; easements And agrePinents of record if any; taxes and
�;ssessincnts for the year aGoy and subsequent years; and �o all applicable zonind� ardinances anij/qr res�riuions and prohibitions imposed
C�)' °o�•rrnmental �udiori�ies, if nny. �
Togcllier with aU lhe tenements, hercJit�ments and appUrFenances th�reto belonging or in anywise appertainin�.
To [l:rve .�nd fo Hold, die same in fee simple�for�yen,' �
And Uie granlor hereby covenan[s with,s5jd grani¢e jhat tlie gr�ntor is lawfully seized of said land in fee simple; th�t the
�ranwr has good righi and lawful authoriry lo sell and sodKe��said land; �hat 1he grantor hereby fiilly warrants the tiNe to said land and "�il I
Jefcncf ihe same �gpII1SI fllf IT�4'fUI CI811715 0(BII�C7"�OI15 \Vlioiu'soever; and tha� said land is free of all encumbrances except taxes accruin�
subscqucni lo Dccembcr 31 ��Opy --
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I n�Yi(ness Whercof, the 4aid grantor has�signed and sealed these presenls the day and year first above written.
^� � � � � \
1'i���ed, se� %�d ni��l d i ed i�� �ur��i�sei2�e' �
�-/ �� / ✓_ `` � _— � - —(Seal)
�
mund 5. � ifson, Jr.
- � ., --- �
_____-�/__I��CI_ /fCFi ____" _ —
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c, ����� � r�����.d ri:�n�� -- — -� �AL�� _ �eil�^ ----
(Seal)
Slaie of Florida
Counly ul PinellaS
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llic luregoin_ insu�un;rnt was ackno�eledged brfar� ebruary 2, Z006,,by E iund S. �VI� n, , a married man, �vl�o is%are
pcisonalh knu��-n to ine or �vho lias prodi d drivers license �� 'dentificatioi � �
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p�✓�� Usi A Ferguwn Nntx^_ I'in ic 1
j MyCpnmiyaronDOtl�e41 C n F.yrfn�s!' � )
�ar�� �P��lanuary03.2007 ' Se91:, —�-��--��—�—
��_.,i'. C'I��,�c� �i��li�.,ilu:�l l4nri;iiiie' D+�d
PIN&LLAS COUNTY FL OFF. REC. BK 14912 PG 2104
Legal Description
A parccl of land in the SW %, of Section 23, Township 29 South, Range IS East, Pinellas County,
Florida, being more particularly described as follows:
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Commence at the Northeast comer of the SE % of the S W'/< of said Section 23, and go North
89°OT57" West, 800.38 feet, along the I�rortli boundary of the SE %. of the SW '/� of said Section --
23, also being the centerline of Nursery Road, to the Point of Beginning; thence South 00°21'40" ,' �
Last, 360.44 feet; thence South 89°40'43" West, 263.09 feet; thence South 00°19'17" East, i� \� `
21 1.81 feet; thence South 89°40'43" West, 245.00 feet to a point on the East right-of-way line of ,-- �
I-Iighland Avenue; thence North 00°19' 17" West, 582.79 fect along said East right-of-way line to� �,' -' --
a point on the I�'orth boundary of the SE '/. of the S W'/. of said Section 23, also being the �,� ��
centerline of Nursery Road; thence South 89°07'S7" Gast, 507.95 feet along said North boundary', �� `�
(the centerline of Nursery Road) to the Point of Beginning. LESS: Ri�ht of Way for Nursery �'
Road. � -
"I�ogether with Reciprocal Easement, Restrictions, and Operation Agreement recor`decl.in Official
Records Book 8324, Page 831, as amended by instrument recorded in Official Recordg�Bpok ,
8428, Page 2327, of the Public Records of Pinellas County, Plorida. �
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LEGAL DESCRIPT/ON
DESCR/PTION.• OVERALL
A parcel of /and in the Southwest 9/4 of Section 23, Township 29 South, Range 15 East,
Pinellas County, Florida, being more particularly described as fol%ws:
Commence at the northeast corner of the Southeast 9/4 of the Southwest 1/4 of said
Section 23, and go N.89°07'S7"W., 800.38 feet, along the north boundary of the
Southeast 1/4 of the Southwest 9/4 of said Section 23, also being the centerline of
Nursery Road, to the Point of Beginning; thence, S.00°21'40"E., 360.44 feet; thence,
S.89°40'43"W., 263.09 feet; thence, S.00°19'17"E., 219.81 feet; thence, S.89°40'43"W.,
245.00 feet to a point on the east right-of-way line of High/and Avenue; thence,
N.DO°19'17"W., 582.79 feet a/ong said east right-of-way line to a point on the north
boundary of the Southeast 9/4 of the Southwest 1/4 of said Section 23, also being the
centerline. of Nursery Road; thence, S.89°07'57"E., 507.95 feet along said north boundary
( the centerline of Nursery Roac� to the Point of Beginning.
LESS: Right-of-way fo� Nursery Road.
Together with Reciprocal Easement, Restrictions, and Operation Agreement recorded in
O�cia! Records Book 8324, Page 83 9, being amended in O�cial Records Book 8428,
Page 2327, of the Public Records of Pinellas County, Florida.