FLD2013-08025As revised at the October
15,2013 CDB meeting
GENERAL DATA:
Agent...........................
Applicant / Owner .............
Location ..........................
Property Size ....................
COMMUNITY DEVELOPMENT BOARD
j,learWater
PLANNING AND DEVELOPMENT DEPARTMENT
STAFF REPORT
MEETING DATE:
October 15, 2013
AGENDA ITEM:
E.I.
CASE:
FLD2013 -08025
REQUEST:
Flexible Development application for a Termination of Status of Nonconformity for a
West:
64 -room Overnight Accommodation use with an accessory deck adjacent to the south
side of the site with a side (east) setback of zero feet, drive aisles between 18 and 22
feet in width and parking spaces between 15 and 17 feet in length and eight feet in
width under the provisions of CDC Section 6 -109 and to reduce the area of interior
landscaping from 10 percent to 6.5 percent of the vehicular use area as part of a
Comprehensive Landscape Program under the provisions of CDC Section 3- 1202.G.
GENERAL DATA:
Agent...........................
Applicant / Owner .............
Location ..........................
Property Size ....................
Future Land Use Plan......
Zoning ..........................
Special Area Plan ..............
Adjacent Zoning....
North:
South:
East:
West:
Existing Land Use .............
Proposed Land Us
E.D. Armstrong, III, and Katherine E. Cole; Hill Ward Henderson, P.A.
Ted and Maria Lenart, Trustees of Lenart Family Trust UTD December 20, 1991.
625 South Gulfview Boulevard; located along the south side of South Gulfview
Boulevard approximately 725 feet west of Parkway Drive and 300 feet east of the South
Gulfview Boulevard and Bayway Boulevard intersection.
0.69 acres
Resort Facilities High (RFH)
Tourist (T) District
Beach by Design South Beach/Clearwater Pass District
T District
Open Space /Recreation (OS /R) District
T District
T District
Overnight Accommodations (64 units)
+ earw to Level II Flexible Develo --i-A licati— Review PLANNING & DEVELOPMENT
p I'll DEVELOPMENT REVIEW DIVISION
ANALYSIS:
Site Location and Existing Conditions:
The 0.69 -acre site is located along the south side
of South Gulfview Boulevard approximately 725
feet west of Parkway Drive and 300 feet east of
the South Gulfview Boulevard and Bayway
Boulevard intersection. The subject property is
comprised of one parcel with a frontage of
approximately 120 feet along South Gulfview
Boulevard and 127 feet of frontage along the
water. The site is occupied by the Gulfview
Hotel, a 64 -unit overnight accommodation use
built, according to Pinellas County Property
Appraiser records, in 1972. The building is
approximately 50 feet in height as measured
from Base Flood Elevation (BFE). The subject
property is zoned Tourist (T) District with an
underlying Future Land Use Plan (FLUP)
category of Resort Facilities High (RFH). The
subject property is also located within the South
Beach /Clearwater Pass District of Beach by
Design.
Access to the site is provided by a pair of one -
way driveways with ingress provided at the west
side of the site and egress at the east side.
Parking is provided along the north and west
sides of the site. The building is located in the
southeast quadrant of the site. A pool area is
located along the southeast corner of the
building. The site enjoys direct access to a
narrow beach along Clearwater Pass although it
is important to note that the beach area is
adjacent to but not part of the subject site. A
legally permitted wood deck is located to the
south of the existing pool on the aforementioned
beach but not on the subject site and is zero feet
from the extended side (east) property line. An
existing freestanding sign is centrally located
along South Gulfview Boulevard approximately
10 feet from the north property line. The sign is
nonconforming with regard to height (14 feet)
and area (72 square feet).
S�
WXDKeV
Community Development Board — October 15, 2013
FLD2013- 08025— Page 1
+ earw to Level II Flexible f A li —i-io Rviw PLANNNG &DEVELOPMENT
I'll
DEVELOPMENT REVIEW DIVISION
. � �r-. ✓^..,�- .,�-�. - i� `avilkid�h�i'�t?��1�111�1V�`... a?771U _ lei; , ",
The immediate area is characterized by a variety of uses including overnight accommodation,
retail, outdoor recreation and entertainment, restaurant and attached dwelling uses with heights
ranging from one to 15 stories. The properties directly east and west of this property are
developed with overnight accommodation uses. The City's Beach Walk project has been
constructed transforming South Gulfview Boulevard to the north of this site into a winding
beachside promenade with lush landscaping, artistic touches and clear views to Clearwater's
award - winning beach and the water beyond.
Site History:
In 2001, the site was the subject of a Level I Flexible Standard Development application (FLS
01- 06 -50) which requested approval to conduct a retail sales and service business (beach chair
rental) as an accessory use to an existing overnight accommodations establishment. That case
was approved by the Community Development Coordinator based on a recommendation of
approval by the Development Review Committee (DRC) on July 27, 2001 with three conditions.
An active Business Tax Receipt (BTR9193561) for this accessory use is associated with the site
therefore this use is considered vested.
Development Proposal:
The application is a request for a Termination of Status of Nonconformity for a 64 -room
Overnight Accommodation use with an accessory deck adjacent to the south side of the site with
a side (east) setback of zero feet, drive aisles between 18 and 22 feet in width and parking spaces
between 15 and 17 feet in length and eight feet in width under the provisions of CDC Section 6-
109 and to reduce the area of interior landscaping from 10 percent to 6.5 percent of the vehicular
use area as part of a Comprehensive Landscape Program under the provisions of CDC Section 3-
1202.G. The specific details with regard to flexibility from the maximum intensity of use and
Flexible Standard Development parameters (the otherwise minimum level of review within the T
District) are examined in detail further in this report.
It should be noted that the ultimate goal of the applicant, as provided by the submitted
application and supporting documents, is to redevelop the site in its entirety, demolishing the
existing hotel and removing all structures from the site. The applicant has stated that any
wholesale redevelopment of the site will meet the requirements of the Code, either via a Level I
Flexible Standard or Level 11 Flexible Development application, as the case may be, and will also
fully comply with Beach by Design. The only nonconforming components of the site included in
the request include density, the location of the wood pool deck and the existing dimensional
aspects of the parking lot limited to drive aisle width and parking space length and width. It
should be noted that the applicant has concurrently submitted an application which requests
additional density from the Hotel Density Reserve (HDA2013- 08007).
Pursuant to CDC Sections 3- 1202.A.3 and 3- 1401.B.3 if an existing use is improved or
remodeled in a value of 25 percent or more of the valuation of the principal structure as reflected
on the property appraiser's current records a lot must be brought into full compliance with regard
to landscaping and parking (exclusive of the number of spaces which is addressed by zoning
districts in Article 2). While the applicant, as mentioned, does intend to redevelop site the
possibility remains that complete redevelopment of the site may prove impracticable. In such an
Corrununity Development Board — October 15, 2013
FLD2013- 08025— Page 2
+ earw to Level II Flexible f A li —i-io Rviw PLANNNG &DEVELOPMENT
I'll
DEVELOPMENT REVIEW DIVISION
. � �r-. ✓^..,�- .,�-�. - i� `avilkid�h�i'�t?��1�111�1V�`... a?771U _ lei; , ",
event the applicant may opt to implement significant upgrades to the interior and exterior of the
building. These improvements will likely exceed the 25 percent limit triggering landscape and
parking lot modifications. Such modifications, if implemented, will likely further reduce the
number of parking spaces rendering the continued use of the site, vis -a -vis the number of hotel
units, untenable. The existing deck to the south of the pool and building is a legally permitted
nonconforming accessory structure. The structure was permitted under building permit
BCP1996- 090025 in 1996. Retention of the deck is viewed by the applicant as a vital component
of the pool area which, in turn, is an important accessory feature of the hotel. To be clear, in the
event that the entire site is redeveloped any proposed building(s) along with the deck as well as
all parking spaces will be brought into full compliance with the CDC and Beach by Design via
outright removal or modification.
In summary, it must be made clear at the outset that City Staff is only considering the density,
deck location (zero foot side setback) and parking lot dimensional aspects for approval. This
stance is reflected throughout the analysis of this report and in the Summary section herein.
Special Area Plan:
Beach by Deslyn: South Beach /Clearwater Pass District
The City has demonstrated through the creation of Beach by Design and subsequent amendments
to this plan that it recognizes the need for pedestrian - friendly development in order to create a
vibrant active resort and waterfront destination serving tourists and locals alike. It is understood
that a broad range of uses including retail sales and service, hotels and motels and restaurants
contribute to the creation of the unique character and atmosphere that is Clearwater Beach. The
vision of the South Beach /Clearwater Pass District of Beach by Design recognizes that this
district is a distinctive area of mixed use, high -rise condominiums, low- to mid -rise hotels,
outdoor recreation and tourist- and neighborhood - serving retail uses. The document
acknowledges that development within the District may be inhibited by though the lack of
availability of off - street parking. This development would further the trend of quality
redevelopment and /or improvements of properties along South Gulfview Boulevard within the
District including the Harborview Grande, the Entrada and Shephard's.
Community Development Code
➢ Purpose, Intent and Basic Planning Objectives
The proposal is supported by 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.
Approval of the application will provide long -term assurance to the property owner that the
existing use will be able to be rebuilt, in the event of destruction of the building, to its current
density. In addition, the applicant is also seeking the ability, in the event that the wholesale
redevelopment of the site proves impracticable, to provide significant upgrades to the facade and
interior of the building in excess of 25 percent of the value of the building without triggering
requirements to bring the parking lot into dimensional compliance with the CDC. The request
will also allow the applicant to retain the existing legally permitted wood deck which is an
essential component of the site's pool. Staff is not recommending approval of the retention of
Corrununity Development Board — October 15, 2013
FLD2013- 08025— Page 3
+ earw to Level II Flexible f A li —i-io Rviw PLANNNG &DEVELOPMENT
I'll
DEVELOPMENT REVIEW DIVISION
. � �r-. ✓^..,�- .,�-�. - i� `avilkid�h�i'�t?��1�111�1V�`... a?771U _ lei; , ",
any other nonconforming component of the site, including height, number of parking spaces
and /or building setbacks. It is the stated intent of the applicant to submit an application for a
comprehensive redevelopment of the site as either a Level I Flexible Standard or, more likely, a
Level 11 Flexible Development application within the next 12 months. The applicant has already
submitted an application (HDA2013- 08007) requesting 39 units from the Hotel Density Reserve.
Allowing the existing density to be maintained on the site will provide the economic ability of
the applicant to redevelop the site in full accordance of Beach by Design and its accompanying
Design Guidelines. Therefore, the proposal supports this Code section.
Section 1- 103.B.2. Ensuring that development and redevelopment will not have a ne gative
impact on the value of surrounding properties and wherever practicable promotin dg evelopment
and redevelopment which will enhance the value ofsurroundingproperties.
Surrounding properties are generally developed with a myriad of uses indicative of a tourist
destination including overnight accommodations, retail sales and services, bars, nightclubs,
outdoor recreation and entertainment, restaurants and attached dwellings. The existing site has
been developed similarly to surrounding properties. In fact, several nearby overnight
accommodation uses have been the subject and approval of requests to increase density through
one mechanism or another including Termination of Status of Nonconformity, Transfer of
Development Rights, the Destination Resort Density Pool (defunct) and /or the Hotel Density
Reserve. Approving the application for Termination of Status of Nonconformity with regard to
density, pool deck location and the dimension components of the parking lot should not hinder
the redevelopment of adjacent properties nor adversely affect their value. To be clear, Staff is
not recommending approval of any other non - conforming component of the building or site such
as height, number of parking spaces and /or setbacks (exclusive of the deck at the southeast
corner of the site). The applicant has stated that the intent is to ultimately fully redevelop the site
in accordance with the CDC and Beach by Design. Staff further believes it reasonable to expect
that in the event the structure on site is damaged and /or destroyed to an extent of 50 percent of
more of its assessed value that redevelopment occur consistent with the provisions of the CDC
Beach by Design and its Design Guidelines. Regardless, the site and building are well -
maintained and if the only action which occurs on the site is the addition of the proposed
landscaping and the replacement of the freestanding sign with a Code - compliant sign that alone
would constitute a net improvement of the site and should have no negative impacts on the value
of surrounding properties. Therefore, the proposal supports this Code section.
Section 1- 103.B.3. StreLgtheniLg the city's economv and increasing its tax base as a whole.
Approving the application will provide a long -term assurance to the property owner that the
existing density may be re- established should the existing building be damaged or destroyed and
will provide the incentive for future improvements to the site whether those improvements be
limited to facade and interior updates or the wholesale redevelopment of the site. The intent of
the applicant is to eventually completely redevelop site with a new hotel which will meet the
requirements of Beach by Design including its Design Guidelines. Therefore, the proposal
supports this Code section.
Corrununity Development Board — October 15, 2013
FLD2013- 08025— Page 4
+ earw to Level II Flexible f A li —i-io Rviw PLANNNG &DEVELOPMENT
I'll
DEVELOPMENT REVIEW DIVISION
. � �r-. ✓^..,�- .,�-�. - i� `avilkid�h�i'�t?��1�111�1V�`... a?771U _ lei; , ",
Section 1- 103.D. It is the further purpose of this Development Code to make the beautification of
the ciby a matter of the hlyhest prioriby and to require that existing and future uses and structures
in the ciby are attractive and well - maintained to the maximum extent permitted by law.
The proposal, as detailed in this report, includes upgrades to the existing landscaping and the
replacement of the existing freestanding sign with a Code - compliant sign through a
Comprehensive Sign Program to be submitted to staff at a later date. Therefore, the proposal
supports this Code section.
Section 1- 103.E.5. Preserve the natural resources and aesthetic character of the community for
both the resident and tourist population consistent with the city's economic underpinnings.
While there are no natural resources associated with the lot, the proposal will increase the
aesthetics of the immediate area through the installation of additional landscaping and a new
Code - compliant freestanding sign. It will also contribute to the maintenance of hotel units
associated with a mid -priced hotel. Staff is not recommending approval of any nonconforming
component of the building or site other than that as specifically requested by the applicant which
includes only density, retention of the deck with a side (east) setback of zero feet and parking lot
dimensions limited to drive aisle width and parking space length and width. The applicant has
stated that the intent is to ultimately completely redevelop the site in accordance with Beach by
Design. Staff believes it reasonable to expect that in the event the structures on site are damaged
and /or destroyed to an extent of 50 percent of more of their assessed value that redevelopment
occur consistent with the provisions of Beach by Design and its Design Guidelines. Therefore,
the proposal supports this Code section.
Section 2 -401.1 Intent of the T District and RFH FL UP classification.
The CDC provides that it is the intent of the T District that development be consistent with the
Countywide Future Land Use Plan as required by state law. The uses and development potential
of a parcel of land within the T District shall be determined by the standards found in this
Development Code as well as the Countywide Future Land Use Designation of the property,
including any acreage or floor area restrictions set forth in the Rules Concerning the
Administration of the Countywide Future Land Use Plan, as amended from time to time. For
those parcels within the T District that have an area within the boundaries of and governed by a
special area plan approved by the City Council and the Countywide Planning Authority,
maximum development potential shall be as set forth for each classification of use and location
in the approved plan.
Section 2.3.3.4.6 of the Countywide Land Use Rules provides that the purpose of the RFH FLUP
classification is to depict those areas of the County that are now developed, or appropriate to be
developed, with high density residential and resort, tourist facility uses, and to recognize such
areas as well- suited for the combination of residential and temporary lodging use consistent with
their location, surrounding uses, transportation facilities and natural resource characteristics of
such areas.
The site has been developed with a hotel which is a use permitted by the RFH FLUP
classification.
Corrununity Development Board — October 15, 2013
FLD2013- 08025— Page 5
+ earw to Level II Flexible Develo --i-A li—fi— Review PLANNING &DEVELOPMENT
P I'll DEVELOPMENT REVIEW DIVISION
. � �r-. ✓^..,�- ,�-�. - i�` avilkid�hl�i'�t?��1�111�1V�`... a?771U _ lei; , ",
➢ Development Parameters
Densi .
Pursuant to the Countywide Future Land Use Plan Rules 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 0.69 -acre site, a maximum of 34 overnight
accommodation units would normally be permissible under current regulations. Therefore, the
site is overdense by 30 units. This Termination of Status of Nonconformity application includes
a request to permit the current density of 64 units to remain and be considered as conforming.
Impervious Surface Ratio (ISR
Pursuant to the Countywide Future Land Use Plan Rules and CDC Section 2- 801.1, the
maximum allowable ISR is 0.95. The existing ISR is 0.88, which is consistent with the Plan and
this Code provision. The site is currently consistent with these Code provisions.
Minimum Lot Area and Width:
Pursuant to CDC Table 2 -802, the minimum required lot area and width for an Overnight
Accommodation use is 20,000 square feet and between 100 and 150 feet, respectively. The
subject property is 29,888 square feet in area and 120 feet wide. The site is consistent with these
Code provisions.
Minimum Setbacks:
Pursuant to CDC Table 2 -802, the minimum required setbacks for an Overnight Accommodation
use are 10 to 15 feet (front), zero to 10 feet (sides) and 10 to 20 feet (rear). In addition, CDC
Section 3 -903 provides that parking lots shall be set back from front property lines a distance of
15 feet, and shall be set back from all other property lines a distance that is consistent with the
required perimeter landscape buffer width. For properties within the Tourist (T) District, the
setback for parking lots shall be based a dimension consistent with the existing/proposed
building setback, or at a dimension consistent with setbacks required or otherwise established by
Beach by Design, whichever is less. Section F of the Design Guidelines within Beach by Design
provides that all parking areas are to be separated from public rights -of -way by a landscaped
decorative wall, fence or other opaque landscape treatment of not less than three feet and not
more than 3.5 feet in height. Surface parking areas that are visible from public streets or other
public places must be landscaped such that the parking areas are defined more by their
landscaping materials than their paved areas when viewed from adjacent properties. The
required setback to parking is therefore, three feet.
The site has been developed with a front (north) setback of 103.5 feet (to building) and six feet
(to parking), a side (east) setback of five feet (to building), 3.7 feet (to parking), zero feet (patio
and deck) and 6.7 feet (to pool), a side (west) setback of 40.7 feet (to building) and 4.2 feet (to
parking), a rear (south) setback of 20.8 feet (to building), zero feet (to patio), 10 feet (to parking)
and four feet (to pool). The required setbacks to building and parking are consistent with the
CDC and Beach by Design. The existing patio, wood deck and pool are non - conforming with
regard to setback. The proposal is limited to a request for a Termination of Status of
Nonconformity for a 64 -room Overnight Accommodation use with an accessory deck adjacent to
the south side of the site with a side (east) setback of zero feet, drive aisles between 18 and 22
Corrununity Development Board — October 15, 2013
FLD2013- 08025— Page 6
+ earw to Level II Flexible Develo --i-A li—fi— Review PLANNING &DEVELOPMENT
P I'll DEVELOPMENT REVIEW DIVISION
. � �r-. ✓^..,�- ,�-�. - i�` avilkid�hl�i'�t?��1�111�1V�`... a?771U _ lei; , ",
feet in width and parking spaces between 15 and 17 feet in length and eight feet in width under
the provisions of CDC Section 6 -109.
Staff has not considered any nonconforming component of the building or site other than that as
specifically requested by the applicant which includes only density, retention of the deck with a
side (east) setback of zero feet) and parking lot dimensions limited to drive aisle width and
parking space length and width. In the event the building is damaged or destroyed to an extent of
50 percent or more of its assessed value setbacks would be addressed through the CDC and /or
Beach by Design, as applicable.
Maximum Building Heim
Pursuant to CDC Table 2 -802, the maximum height for Overnight Accommodations is 50 feet.
The existing building height is approximately 50 feet (from BFE), which is consistent with this
Code provision although it must be noted that an exact height was not provided so the actual
height may be slightly more or less than 50 feet. Regardless, the submitted request for
Termination of Status of Nonconformity does not specifically addresses the issue of height.
Furthermore, Staff is not recommending approval of any nonconforming component of the
building or site other than that as specifically requested by the applicant which includes only
density, retention of the deck with a side (east) setback of zero feet) and parking lot dimensions
limited to drive aisle width and parking space length and width. In the event the building is
damaged or destroyed to an extent of 50 percent or more of its assessed value height would be
addressed through the CDC and /or Beach by Design as applicable.
Minimum Off- Street Parkin,:
Pursuant to CDC Table 2 -802, the minimum off - street parking requirement Overnight
Accommodations is 1.2 spaces per unit. The existing hotel includes 64 units which require 77
spaces where 55 spaces including two handicap spaces exist (0.86 spaces per unit), which is
inconsistent with this Code provision. The applicant has stated that the site operates adequately
even given the low room -to- parking space ratio because parties often arrive in one vehicle but
rent out more than one room. Therefore, the site adequately operates, even during high season, at
a ratio of less than one parking space per room.
Staff is not recommending approval of any nonconforming component of the building or site
other than that as specifically requested by the applicant which includes only density, retention of
the deck with a side (east) setback of zero feet) and parking lot dimensions limited to drive aisle
width and parking space length and width. In the event the building is damaged or destroyed to
an extent of 50 percent or more of its assessed value parking would be addressed through the
CDC and /or Beach by Design as applicable.
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 such as
A/C compressors are located on the roof, screened and not visible from off site. Other
mechanical equipment such as pool pumps and filters are located within the pool area and fully
screened from adjacent properties by surrounding fencing or are located within the building.
Therefore, this CDC section is currently met.
Corrununity Development Board — October 15, 2013
FLD2013- 08025— Page 7
+ earw to Level II Flexible f A li —i-io Rviw PLANNNG &DEVELOPMENT
I'll
DEVELOPMENT REVIEW DIVISION
. � �r-. ✓^..,�- .,�-�. - i� `avilkid�h�i'�t?��1�111�1V�`... a?771U _ lei; , ",
Slyht Visibility Triangles:
Pursuant to CDC Section 3- 904.A, to minimize hazards at the existing driveways 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. This proposal has been reviewed by the City's Traffic Engineering Department and
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. There are no existing overhead utility lines, serving this site. Therefore, the
site is currently consistent with this Code requirement.
LandscapiLg:
The applicant has opted to utilize the Comprehensive Landscape Program pursuant to CDC Section
3- 1202.G and as permitted pursuant to CDC Section 6- 109.C.4. The criteria for a Comprehensive
Landscape Program are provided below:
1. Architectural theme.
a. The landscaping in a comprehensive landscape program shall he designed as a part
of the architectural theme of the principal buildings proposed or developed on the
parcel proposed for development; or
h. The deslyn, character, location and /or materials of the landscape treatment 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.
Pursuant to CDC Section 3- 1202.1), there are no perimeter buffers required in the
Tourist District for this site. This site does not meet the required minimum five -foot
wide foundation planting along the north side of the building although a planting area
three feet in width is provided. The site also includes perimeter landscape buffers along
the north side of the along South Gulfview Boulevard ranging between five and 15 feet
in width. Perimeter buffers five feet in width are along provided along the east and west
sides of the site. These buffer widths are consistent with the requirements of Beach by
Design as examined previously in this report. The site does not provide the required
amount of interior landscaping based on the amount of vehicular use area. The site
contains 15,250 square feet of vehicular use area which requires 1,525 square feet of
interior green space where approximately 1,000 square feet is provided. As mentioned,
the proposal includes the inclusion of foundation landscaping along the north side of the
building and additional landscaping including sabal palms, accent trees such as cassia
and /or silver buttonwood. The landscape design incorporates plant material that is
native and/or naturalized and salt tolerant, while providing visual interest. Plant species
include sabal palm, Washingtonian palm, ligustrum, Japanese blueberry, viburnum, bird
of paradise, firethorn, coontie, jasmine, dune sunflower and sand cord grass.
Corrununity Development Board — October 15, 2013
FLD2013- 08025— Page 8
+ earw to Level II Flexible Develo --i-A li —fion Review PLANNING &DEVELOPMENT
P I'll DEVELOPMENT REVIEW DIVISION
. � �r-. ✓^..,�- .,�-�. - i� `avilkid�h�i'�t?��1�111�1V�`... a?771U _ lei; , ",
While the site is deficient with regard to interior landscaping is exceeds the
requirements of the CDC and Beach by Design with the provision of perimeter
landscaping along east, west and north in excess of three feet in width. It should be
noted that the site currently does not meet CDC requirements with regard to the number
of parking spaces. Removing parking spaces by adding interior landscaping would
drive the development further into nonconformity with regard to parking. It should be
reiterated that the ultimate goal of the applicant is to completely redevelopment site with
a new hotel in complete compliance with the CDC and Beach by Design. All proposed
landscaping, as approved, will be required to be installed within one year of approval of
this application.
2. Lighting. Anv lighting DroDosed as a Dart of a comprehensive landscape program is
automaticallv controlled so that the lighting is turned off when the business is closed.
This criterion is not applicable to the subject site because the hotel does not close.
However, the applicant will ensure that all lighting meets the requirements of CDC
Article 3 Division 13. Outdoor Lighting.
3. Community character. The landscape treatment proposed in the comprehensive
landscape program will enhance the community character of the City of Clearwater.
The additional landscaping proposed for site in combination with the existing landscaping
will make the property more attractive thereby enhancing the community character.
4. Property values. The landscape treatment proposed in the comprehensive landscape
program will have a beneficial impact on the value of property in the immediate vi! in
of the parcel proposed for development.
Additional landscaping provided along the north facade of the building and within the
perimeter buffers along the north, east and west sides of the site as well as within the
interior of the site will improve the aesthetics of the site and should have a beneficial
impact on surrounding properties.
5. Special area or scenic corridor plan. The landscape treatment proposed in the
comprehensive landscape program is consistent with anv 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.
Perimeters buffers, as previously mentioned, are not required by the CDC in the T District
except as otherwise required by Beach by Design. Parking areas are required by Section
F of the Design Guidelines within Beach by Design to be buffered from public rights -of-
way by a landscape buffer at least three feet in width and 3.5 feet in height. The site
includes a perimeter buffer along South Gulfview Boulevard between five and 15 feet in
width which exceeds the requirement of Beach by Design.
Corrununity Development Board — October 15, 2013
FLD2013- 08025— Page 9
+ earw to Level II Flexible f A lictio Rviw PLANNNG &DEVELOPMENT
I'll
DEVELOPMENT REVIEW DIVISION
. � �r-. ✓^..,�- .,�-�. - i� `avilkid�h�i'�t?��1�111�1V�`... a?771U _ lei; , ",
Cnlld wt7vty
The proposal includes a small roll -out dumpster which is kept in a small enclosed space in the
northeast corner of the site. The dumpster is rolled out to a staging area along South Gulfview
Boulevard on collection days. The proposal has been found to be acceptable by the City's Solid
Waste and Fire Departments and no changes are proposed.
Slynage:
The proposal does not include a formal signage package however the applicant intends to either
submit a Comprehensive Sign Program application for a new freestanding sign or a Level I or
Level 11 application, as the case may be, for a complete redevelopment of the entire site within
one year of approval of this application. As mentioned, the existing sign is nonconforming with
regard to height (14 feet where six feet is permitted) and area (72 square feet where 24 square
feet is permitted).
➢ General Applicability Criteria Requirements
The proposal supports of the General Applicability requirements of this Code as follows:
Section 3- 914.A.1. The proposed development of the land will he in harmonv with the scale, bulk,
coverage, densiby and character of adjacent properties in which it is located.
The immediate area is characterized by a variety of uses including overnight accommodation,
retail, outdoor recreation and entertainment, restaurant and attached dwelling uses with heights
ranging from one to 15 stories. The properties directly east and west of this property are
developed with overnight accommodation uses. The existing site has been developed similarly
to surrounding properties with regard to height, intensity of use, setbacks and the like. In
addition several other properties in the area including 445 Hamden Drive, 100 Coronado Avenue,
and 430, 619 and 655 South Gulfview Boulevard have been the recipients of additional density
either through a Termination of Status of Nonconformity, a Transfer of Development Rights, the
Destination Resort Density Pool (defunct) and /or through the Density Reserve (current). As
mentioned, Staff recommends approval of the application only with regard to existing density, 64
hotel units where 34 are otherwise permitted. As it is the stated intent of the applicant to
redevelop the property in full accordance with Beach by Design Staff believes that any variation
from the requirements of the CDC with regard to development parameters including height,
parking and /or setbacks would have to consistent with applicable portions of Beach by Design.
Therefore, the proposal supports this Code section.
Section 3- 914.A.2. The proposed development will not hinder or discourage development and use
of adjacent land and huildin sg or si nif cantle impair the value thereof
Surrounding properties are generally developed with a myriad of uses indicative of a tourist
destination including overnight accommodations, retail sales and services, bars, nightclubs,
outdoor recreation and entertainment, restaurants and attached dwellings. The site has been
developed similarly to surrounding properties in that it is a use primarily serving tourists. It has
been operating in its current configuration for over 20 years without apparent detriment to
adjacent properties. Approving the application for Termination of Status of Nonconformity with
regard to density, the location of the wood deck (in place for approximately 17 years) and the
dimensional aspects of the parking lot should not hinder the redevelopment of adjacent properties
nor adversely affect their value. As mentioned, the only nonconforming components of the site
Corrununity Development Board — October 15, 2013
FLD2013- 08025— Page 10
+ earw to Level II Flexible f A li —i-io Rviw PLANNNG &DEVELOPMENT
I'll
DEVELOPMENT REVIEW DIVISION
. � �r-. ✓^..,�- .,�-�. - i� `avilkid�h�i'�t?��1�111�1V�`... a?771U _ lei; , ",
included in the request and subsequently supported by Staff are density, the pool deck and the
existing dimensional aspects of the parking lot limited to drive aisle width and parking space
length and width. Therefore, the proposal supports this Code section.
Section 3- 914.A.3. The proposed development will not adversely affect the health or safety of
persons residing or working in the neighborhood.
Approval of the application will permit the reestablishment of the existing density of 64 hotel
units in the event the building is damaged or destroyed. It will also allow the retention of the
existing parking and wood deck in the event that the building is improved in an amount in excess
of 25 percent of its assessed value. Finally, it will result, at the least, in additional landscaping
and new freestanding sign. The site has been in operation as a hotel for over 20 years without
detriment to surrounding properties. The approval of the application, with regard to density,
retention of the existing wood deck and the dimensional components of the parking lot will likely
have no effect on the health and /or safety of persons residing or working in the neighborhood.
Therefore, the proposal supports this Code section.
Section 3- 914.A.4. The proposed development is designed to minimize tra(fc congestion.
From an operations standpoint, minimal changes, if any, are proposed at this time. The primary
proposed changes will be aesthetic. Approval of the application will likely have minimal effect,
negative or otherwise, on traffic congestion. Therefore, the proposal supports this Code section.
Section 3- 914.A.5. The proposed development is consistent with the community character of the
immediate vicinity.
The immediate area is characterized by a variety of uses including overnight accommodation,
retail, outdoor recreation and entertainment, restaurant and attached dwelling uses with heights
ranging from one to 15 stories. The properties directly east and west of this property are
developed with overnight accommodation uses. The existing site has been developed similarly
to surrounding properties. It should be mentioned that many nearby properties have been
developed or improved in accordance with the requirements of Beach by Design and that Staff
believes that in the event that this site is redeveloped that such redevelopment, likewise, be
consistent with the requirements of Beach by Design. Therefore, the proposal supports this Code
section.
Section 3- 914.A.6. The design of the proposed development minimizes adverse effects, including
visual, acoustic and olfactory and hours of operation impacts on adjacent properties.
Approval of the application should not result in any adverse olfactory, visual and acoustic
impacts on adjacent properties. Although the ultimate intent is to redevelop the site in its entirety
the application in and of itself includes maintaining the existing hotel as is with the inclusion of
additional landscaping and a new Code - compliant freestanding sign. At such time as a wholesale
redevelopment proposal is received by the City for review this, as well as most of the other
criteria within this report, will be re- examined and applied specifically to any such proposal.
Therefore, the proposal supports this Code section.
➢ Termination of Status of Nonconformity Criteria Requirements
The proposal meets the specific criteria for Termination of Status of Nonconformity pursuant to
Section 6 -109 of this Code as follows:
Corrununity Development Board — October 15, 2013
FLD2013- 08025— Page 11
+ earw to Level II Flexible f A li —i-io Rviw PLANNNG &DEVELOPMENT
I'll
DEVELOPMENT REVIEW DIVISION
. � �r-. ✓^..,�- .,�-�. - i� `avilkid�h�i'�t?��1�111�1V�`... a?771U _ lei; , ",
1. Perimeter buffers conforming to the requirements of Section 3- 1202(D) shall be installed.
Perimeters buffers, as previously mentioned, are not required by the CDC in the T District
except as otherwise required by Beach by Design. Parking areas are required by Section F of
the Design Guidelines within Beach by Design to be buffered from public rights -of -way by a
landscape buffer at least three feet in width and 3.5 feet in height. The site includes a
perimeter buffer along South Gulfview Boulevard between five and 15 feet in width which
exceeds the requirements of Beach by Design.
2. Off - street parking lots shall be improved to meet the landscaping standards established in
Section 3- 1202(L.
CDC Section 3- 1202.E requires that 10 percent of vehicular use area of a site be dedicated to
landscaped area. The site includes approximately 1,000 square feet of interior green space
which constitutes 6.56 percent of the vehicular use area. Therefore, the amount of existing
interior green space is less than as required by the Code. The number of onsite parking
spaces also is less than required by the CDC. The applicant has asserted that further reducing
the amount of parking to accommodate additional interior landscaping would be detrimental
to the operations of the hotel. As mentioned, the applicants' ultimate desire is to completely
redevelop the site with a new hotel which will meet the requirements of the CDC and Beach
by Design. The proposal does include upgrades to the existing landscaping including
provision of additional plant material within the perimeter buffers and the interior of the site
including sabal palm, Washingtonian palm, ligustrum, Japanese blueberry, viburnum, bird of
paradise, firethorn, coontie, jasmine, dune sunflower and sand cord grass. It should be taken
into account that Beach by Design requires parking areas to be buffered with a landscape area
at least three feet in width where buffer widths five feet or greater area provided. A full
analysis of the landscape plan and the requirements of the Comprehensive Landscape
Program is provided previously in this report. Therefore, the proposal is consistent with this
CDC Section.
3. Anv nonconforming signs, outdoor 11yhtiLg or other accessory structure or accessory use
located on the lot shall be terminated, removed or brought into conformity with this
development code.
As mentioned, the applicant's ultimate goal is to completely redevelopment entire site with a
new hotel building. As such, the applicant commits to ensuring that any new development
will meet the requirements of the CDC and Beach by Design. In the event that a total
redevelopment of the site does not occur, the applicant has further committed to installing the
proposed improvements with regard to landscaping and signage and removing all
nonconforming signs, outdoor lighting and other accessory structures excluding the legally -
permitted wood deck located at the southeast corner of the building and pool within one year
of approval of this Termination of Status of Nonconformity. To reiterate, this deck is located
off of the subject site and is non - conforming however, the applicant has included the
retention of this feature as it is a vital component of the pool deck area. Therefore, the
proposal is consistent with this CDC Section.
Corrununity Development Board — October 15, 2013
FLD2013- 08025— Page 12
+ earw to Level II Flexible f A lictio Rviw PLANNNG &DEVELOPMENT
I'll
DEVELOPMENT REVIEW DIVISION
. � �r-. ✓^..,�- .,�-�. - i� `avilkid�h�i'�t?��1�111�1V�`... a?771U _ lei; , ",
4. The comprehensive landscaping and comprehensive sign program may he used to satin the
requirement of this section.
The applicant has submitted a Comprehensive Landscape Program with this Level H Flexible
Development review. The applicant asserts that the proposed landscaping is the maximum
practicable given the manner in which the site has been developed. As mentioned, the goal
of the applicant is to fully redevelop the site in accordance with the CDC and Beach by
Design. The applicant is aware that the existing freestanding sign does not meet the CDC
with regard to height and area. Because the applicant is exploring the option of changing
hotel branding they are unsure the final form a new Code - compliant sign will take.
Regardless, the applicant is committed to bringing the existing sign into conformance with
the Code within one year of approval of this application. Likewise, the applicant has also
committed to installing the submitted landscape plan within one year of approval of this
application barring the submittal of a Level I or Level H application for the wholesale
redevelopment of the site. Therefore, the proposal is consistent with this CDC Section.
5. The use and structure complies with the general standards for Level One and Level Two
approvals set forth in Section 3 -914.
As explored in detail previously, each General Applicability criterion has been fully and
satisfactorily addressed. Therefore, the proposal is consistent with this CDC Section.
➢ Burden of Proof
Section 4- 206.D.4: Burden of proof The burden of proof is upon the applicant to show by
substantial competent evidence that he is entitled to the approval requested.
The applicant has adequately demonstrated through the submittal of substantial competent
evidence that the request is entitled to the approval requested as required by CDC Section 4-
206.D.4.
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 as
per CDC Tables 2 -801.1 and 2 -802:
Corrununity Development Board — October 15, 2013
FLD2013- 08025— Page 13
Standard
Proposed
Consistent
Inconsistent
Density
50 hotel units /acre (34
93 hotel units /acre (64 units)
XI
units)
Impervious Surface Ratio
0.95
0.88
X
Minimum Lot Area
20,000
29,888 square feet (0.69 acres)
X
Minimum Lot Width
100 — 150 feet
120 feet
X
Minimum Setbacks
Front: 10 - 15 feet
North: 103.5 feet (to building);
XI
six feet (to parking)
XI
Side: 0 - 10 feet
East: 5 feet (to building);
XI
3.57 feet (to parking);
XI
zero feet (to patio and deck);
XI
6.7 feet (to pool)
XI
West: 40.7 feet (to building);
XI
4.2 feet to parking)
XI
Corrununity Development Board — October 15, 2013
FLD2013- 08025— Page 13
+ earw to Level II Flexible Develo --i-A lication Review PLANNING &DEVELOPMENT
P I'll DEVELOPMENT REVIEW DIVISION
. � �r-. ✓^..,�- ,�-�. - i�` avilkid�hl�i'�t?��1�111�1V�`... a?771U _ lei; , ",
I See analysis in Staff Report
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:
Standard
Proposed
Consistent
Inconsistent
Rear: 10 - 20 feet
South: 20.8 feet (to building);
XI
2. The proposed development will not hinder or discourage development and use of
XI
zero feet (to patio);
XI
3. The proposed development will not adversely affect the health or safety of persons
XI
10 feet (to parking);
XI
4. The proposed development is designed to minimize traffic congestion.
4 feet (to pool)
XI
5. The proposed development is consistent with the community character of the
Maximum Height
35 — 50 feet
approximately 50 feet (from BFE)
XI
Minimum
1.2 spaces unit (77
55 spaces including two handicap
visual, acoustic and olfactory and hours of operation impacts on adjacent properties.
XI
Off - Street Parking
I spaces)
I spaces (0.86 spaces per unit)
I See analysis in Staff Report
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:
I See analysis in Staff Report
COMPLIANCE WITH FLEXIBILITY CRITERIA:
The following table depicts the consistency of the development proposal with the Flexibility
criteria as per CDC Section 6 -109 (Termination of Status of Nonconformity):
Consistent
Inconsistent
L The proposed development of the land will be in harmony with the scale, bulk,
XI
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
XI
adjacent land and buildings or significantly impair the value thereof.
3. The proposed development will not adversely affect the health or safety of persons
XI
residing or working in the neighborhood.
4. The proposed development is designed to minimize traffic congestion.
XI
5. The proposed development is consistent with the community character of the
XI
immediate vicinity.
6. The design of the proposed development minimizes adverse effects, including
XI
visual, acoustic and olfactory and hours of operation impacts on adjacent properties.
I See analysis in Staff Report
COMPLIANCE WITH FLEXIBILITY CRITERIA:
The following table depicts the consistency of the development proposal with the Flexibility
criteria as per CDC Section 6 -109 (Termination of Status of Nonconformity):
I See analysis in Staff Report
Corrununity Development Board — October 15, 2013
FLD2013- 08025— Page 14
Consistent
Inconsistent
1. Perimeter buffers conforming to the requirements of Section 3- 1202(D) shall be
XI
installed.
2. Off - street parking lots shall be improved to meet the landscaping standards
XI
established in Section 3- 1202(E).
3. Any nonconforming signs, outdoor lighting or other accessory structure or accessory
XI
use located on the lot shall be terminated, removed or brought into conformity with
this development code.
4. The comprehensive landscaping and comprehensive sign program may be used to
XI
satisfy the requirement of this section.
5. The use and structure complies with the general standards for Level One and Level
XI
Two approvals set forth in Section 3 -914.
I See analysis in Staff Report
Corrununity Development Board — October 15, 2013
FLD2013- 08025— Page 14
+ earw to Level II Flexible Develo --i-A lication Review PLANNING &DEVELOPMENT
P I'll DEVELOPMENT REVIEW DIVISION
. � �r-. ✓^..,�- ,�-�. - i�` avilkid�hl�i'�t?��1�111�1V�`... a?771U _ lei; , ",
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:
I See analysis in Staff Report
SUMMARY AND RECOMMENDATION:
The Development Review Committee (DRC) reviewed the application and supporting materials
at its meeting of September 5, 2013, 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. The 0.69 -acre subject property consists of one parcel with a frontage of approximately 120
feet along South Gulfview Boulevard and 127 feet of frontage along the water and is located
along the south side of South Gulfview Boulevard approximately 725 feet west of Parkway
Drive and 300 feet east of the South Gulfview Boulevard and Bayway Boulevard
intersection;
2. That the subject property is located within the Tourist (T) District and the Resort Facilities
High (RFH) Future Land Use Plan category;
3. That the subject property is located in the Beach by Design South Beach /Clearwater Pass
District;
4. The proposal is to Terminate the Status of Nonconformity of the site with regard to density,
side (east) setback to existing deck and the dimensional aspects of the parking lot including
only drive aisle width and parking space length and width;
5. The existing building height is approximately 50 feet (from BFE);
Corrununity Developinent Board — October 15, 2013
FLD2013- 08025— Page 15
Consistent
Inconsistent
1. Architectural theme.
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
XI
proposed in the comprehensive landscape program shall be demonstrably more
attractive than landscaping otherwise permitted on the parcel proposed for
development under the minimum landscape standards
2. Lighting. Any lighting proposed as a part of a comprehensive landscape program is
XI
automatically controlled so that the lighting is turned off when the business is
closed.
3. Community character. The landscape treatment proposed in the comprehensive
XI
landscape program will enhance the community character of the City of Clearwater.
4. Property values. The landscape treatment proposed in the comprehensive landscape
XI
program will have a beneficial impact on the value of property in the immediate
vicinity of the parcel proposed for development.
5. Special area or scenic corridor plan. The landscape treatment proposed in the
XI
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.
I See analysis in Staff Report
SUMMARY AND RECOMMENDATION:
The Development Review Committee (DRC) reviewed the application and supporting materials
at its meeting of September 5, 2013, 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. The 0.69 -acre subject property consists of one parcel with a frontage of approximately 120
feet along South Gulfview Boulevard and 127 feet of frontage along the water and is located
along the south side of South Gulfview Boulevard approximately 725 feet west of Parkway
Drive and 300 feet east of the South Gulfview Boulevard and Bayway Boulevard
intersection;
2. That the subject property is located within the Tourist (T) District and the Resort Facilities
High (RFH) Future Land Use Plan category;
3. That the subject property is located in the Beach by Design South Beach /Clearwater Pass
District;
4. The proposal is to Terminate the Status of Nonconformity of the site with regard to density,
side (east) setback to existing deck and the dimensional aspects of the parking lot including
only drive aisle width and parking space length and width;
5. The existing building height is approximately 50 feet (from BFE);
Corrununity Developinent Board — October 15, 2013
FLD2013- 08025— Page 15
+ earw to Level II Flexible Develo --i-A li—fi— Review PLANNING &DEVELOPMENT
P I'll DEVELOPMENT REVIEW DIVISION
. � �r-. ✓^..,�- ,�-�. - i�` avilkid�hl�i'�t?��1�111�1V�`... a?771U _ lei; , ",
6. The existing parking lot includes 55 parking spaces including two handicap spaces or 0.86
parking spaces per unit;
7. The subject site is developed with a 64 unit hotel;
8. The existing development includes a front (north) setback of 103.5 feet (to building) and six
feet (to parking), a side (east) setback of five feet (to building), 3.7 feet (to parking), zero feet
(patio and deck) and 6.7 feet (to pool), a side (west) setback of 40.7 feet (to building) and 4.2
feet (to parking), a rear (south) setback of 20.8 feet (to building), zero feet (to patio), 10 feet
(to parking) and four feet (to pool); 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 proposal is currently inconsistent with certain Standards as per Tables 2 -801.1 and
2 -802 of the Community Development Code;
2. That application for a Termination of Status of Nonconformity as requested is consistent with
the Flexibility criteria as per Section 6 -109 of the Community Development Code;
3. That application for a Termination of Status of Nonconformity as requested is consistent with
the General Standards for Level One and Two Approvals as per Section 3 -914.A of the
Community Development Code;
4. That application for a Termination of Status of Nonconformity as requested is consistent with
the Intent and General Purposes of the Community Development including Sections 2- 801.1,
1- 103.13, D and E.5; and
5. That application for a Termination of Status of Nonconformity as requested is consistent with
Section 2.3.3.4.6 of the Countywide Land Use Rules with regard to use;
6. That the application is consistent with the requirement for the submittal of substantial
competent evidence as per CDC Section 4- 206.D.4.
Based upon the above, the Planning and Development Department recommends APPROVAL of
the Flexible Development application for a Termination of Status of Nonconformity for a 64-
room Overnight Accommodation use with an accessory deck adjacent to the south side of the site
with a side (east) setback of zero feet, drive aisles between 18 and 22 feet in width and parking
spaces between 15 and 17 feet in length and eight feet in width under the provisions of CDC
Section 6 -109 and to reduce the area of interior landscaping from 10 percent to 6.5 percent of the
vehicular use area as part of a Comprehensive Landscape Program under the provisions of CDC
Section 3- 1202.G subject to the following conditions:
Conditions of Approval:
General /Miscellaneous Conditions
1. That any future reconstruction and /or redevelopment require compliance with current Code
and /or Beach by Design requirements exclusive of density but including but not limited to
the dimensional aspects of any parking facility and the location of all structures including
the existing deck;
2. That the existing number of hotel units (64 units) may not be transferred from the subject
site;
Corrununity Development Board — October 15, 2013
FLD2013- 08025— Page 16
+ earw to Level II Flexible Develo --i-A lication Review PLANNING &DEVELOPMENT
P I'll DEVELOPMENT REVIEW DIVISION
. � �r-. ✓^..,�- ,�-�. - i� `avilkid�h�i'�t?��1�111�1V�`... a?771U _ lei; , ",
3. That any /all future signage meets the requirements of Code and be designed to match the
exterior materials and color of the primary building;
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 installation of all landscaping consistent with the approved landscape plan be
completed by October 15, 2014 or that a Level I or Level 11 application, as the case may be,
for the redevelopment of the entire site be submitted by that same date;
7. That all existing signs be brought into conformance with the Community Development
Code by October 15, 2014 or that a Level I or Level 11 application, as the case may be, for
the redevelopment of the entire site be submitted by that same date;
8. That in the event a Level I or Level 11 application, as the case may be, is submitted as
contemplated by Conditions 6 and 7, above, all CDC sections regarding the timing of the
review, approval, permit submittal and obtaining a Certificate of Occupancy be met and in
the event that any such applications are not approved either due to denial by the City or
withdrawal by the applicant that the landscaping be installed and all signage be made
conforming within three months of such denial or withdrawal, as the case may be;
9. That a right -of -way permit be secured prior to any work performed in the public right -of-
way;
10. 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 percent of its rated capacity; and
11. That prior to the issuance of any permit, all requirements of the General Engineering,
Stormwater Engineering, Traffic Engineering and Fire Departments be addressed.
Prepared by Planning and Development Department Staff.
ATTACHMENTS: Photographs
Mark T. Parry, AICP, Planner III
Corrununity Development Board — October 15, 2013
FLD2013- 08025— Page 17
;}
_,���-� ���-- -
Looking north�vest trom across S. Gul1't ic�� 131� �i
:_��...�
M.�"y�ti
Looking south from the north side of the site.
� _, p,..
���h
�� r� �'�� �
i�`������ �`�,+ �_ � �
�:�
E,xisting freestanding sign.
Luohing cast along north sidc of �ii,
� .....��`�� � � 4�
� 1 ��f y� �~' , °'i�" � t � Ri�
> �� �- ,� ��- ''�t` '1� , � r� �
� � �
i i ' r, �� x"� ..;�: 7�� �
s �,'� �,� � �. y , ��'�r�..a `4- �_,
i: i� . , ..: .�..� _ _ _ ..
� .�•Q y� '� , �Jlt
�..u�
. ly... . .r. '� ..
Looking south�vest from the north side of the site
Existing pool and wood deck. Wood deck exists oYf subject
SIYC.
625 South Gulfview Boulevard
FLD2013-08025
I►�/.���► � , � �
. .�...:���..�.:�
1655 Linwood Drive Tel: (727) 742.2461
Clearwater, FL 33755 E-mail: mparry tampabay.rr.com
SUMMARY OF QUALIFICATIONS
A dedicated, AICP certified professional Planner focused on contributing to the field of Urban Planning
experienced in public and private sector planning. An excellent communicator, able to effectively interact
with clients, local government officials and business professionals at all levels. Experienced in various
aspects of urban design and planning, zoning regulations and permitting.
OBJECTIVE
To secure a Planning position which will allow me to continue improving the built environment and my
community through sound and innovative planning and design principals.
EDUCATION
COOK COLLEGE, RUTGERS UNIVERSITY, New Brunswick, NJ
B.S. Landscape Architecture Major, Urban Planning Certification
B.S. Environmental Planning and Design
Certificate Urban Planning
Golden Key National Honor Society; Sigma Lambda A/pha
American Planning Association (Florida Chapter); member
AICP #020597
40-hour OSHA (Hazwoper) Training
PLANNER III PLANNING DEPARTMENT, CITY OF CLEARWATER 04/12 - Present
08/98 — 04/05
• Responsible for nonresidential and single/multi-family site plan review and permitting.
• Assist in the implementation and subsequent review of the Community Development Code.
. Responsible for assessing and writing Community Development Code amendments.
• Land Development Code development, interpretation and application.
• Provide, inspect and direct landscape review/design.
• Acting Development Review Manager 9/99 —11/99 and 01/05 — 03/05.
• Manage and direct Associate Planners.
• Review, process and present variance/conditional use, land use/zoning atlas amendment and annexation
applications at in-house and public review meetings.
• Principle Planner in creating and implementing Clearwater's Downtown Design Guidelines.
Assisted in the implementation and application of the Clearwater powntown Redevelopment Plan.
SENIOR PLANNER DEVELOPMENT 8� ENVIRONMENTAL SERVICES, CARDNO TBE 04/05 — 04/12
• Planner of record for Cities of Indian Rocks Beach, Seminole and Clearwater and Town of Belleair.
• Responsible for nonresidential and single/multi-family site plan review and permitting.
• Perform site design and inspections.
. Provide technical planning support for engineering department.
• Provide support for Zoning Code, Comprehensive Plan, Zoning and Land Use Plan amendments.
• Research and write Evaluation and Appraisal Reports.
• Create and update Special Area Plans/Form-based Codes.
. Provide CADD support.
• Assist with creating redevelopment marketing material.
• Perform technical environmental services including soil and groundwater sampling.
Designer/Owner GREENSCAPES-GLD, MARLBORO, NJ 9/92 - 6/98
• Founded and established a local garden and landscape business.
• Plan and oversee installation of commercial and residential landscaping projects utilizing a variety of CADD
and photo-manipulation programs.
• Develop and implement advertising programs, brochures and graphics.
• Estimate, bid and negotiate jobs.
• Source and negotiate purchase of materials and equipment.
• Manage, train and schedule installation crews.
Program Supervisor LONGSTREET FARM, MONMOUTH COUNTY PARK SYSTEM,
HOLMDEL, NJ
• Assisted in formulating and running children's summer program ("Hayseed").
• Created and coordinated daily programs and schedules for 6-9 year old groups.
• Supervised several other programs throughout the year.
• Created a demand which was finrice the program's capacity after the first year.
COMPUTER SKILLS
6/87 - 8/93
Access, Microsoft Office, Microsoft Works, ClarisWorks, MS Word, Land Designer Pro, Permit Plan,
Excel, Cornerstone, AutoCADD, PowerPoint, Publisher
° ���ar��t��
�
Plannfng & Development Qepartment
�iexib�e �eveiopment A.pplica�ion
Att�ached Dwellings, Mixed-Uses or Non-Residential Uses
iT IS I�ICEJMBENT LtPOn! T�IE APPLICAiVT TO SiFBMl7 CflMFI.ETE ANO CORRECf f�IFORMATIQN. ANY MISLEADII�G, QECEPTFVE,
INCOMPLETEOR INCflRitEC71NFORMA3'fUN MAY ENVALf�ATE YQUR APPLICA710N.
ALL AAPLICATi0iV5 ARETO SE FIILED QUT COMPf.ET�LY Al+iO COHR�CTiY, AND 5USiVItTTEO iN pERSaN �ND FAX flR.OEiNERIES)
7Q 7HE ptANNti�G & f3�VEEQPMHIVT D�PARTM�IVT 6Y NOON �N'fHE SGHEDULED D�AALiNE UATE.
A�'07RL OF 11 COMPLETE SE7S O� pLANS ANO APPLICAitON MATERIALS (1 pitIGINAt AND SO COPIESj AS R�QU1R@Q WIi�iIIY
RRE TQ BE SUBMiTTE� FOR REVIEW BY TH� il�VELOPMEN7 REV�EW COMM�TTEE. SUBS�t2UENT SUBMETTAL FQR THE
COMMUAlI'i'Y DEVELQRMENT BOAR� WiLL REQIl1R� i5 CQMpF,ETE SETS OF PLANS ANn A�P�ICATION MATE3ilAL5 (1 QRIGINAL
AND i4 COPIES]. PLRNS AND APPLiCATIQNS ARE REQUIRED TO $E COLLATED, S7APLED ANQ FLILDED INTO SETS.
THE APPLfCANT, BY FILING TH15 APPL[CAT10N, AGR�ES Ta COMPLY WITH ALL APpLICABLE REQIltREMENTS OF FHE
CQMMUF1i1TY dEV£LOP�VIEN1' CODE.
F1AE D�PT PRELiMARY SRE ?tAN RSVfEW FEE: $2p0
APPLICAFION FEE: $}.,2D5
PROPERTY OWNER {PER DEEDJ; Ted Lenart aRd Maria Lenart, TrtasEe�es of Lenart Family Trust UTD I]ecember 20, 1981
MAiLIfVG AaDRE55: 8556 W. Vl�nnemac, Noridge, Chicago, IL
PHQN£ 1VUMBER:
EMAIL:
AGENT OR REARESENiA'l1V�: �ill Ward Hendersors, P.A. (E.D. Armstrong 1i3, Esq. and Ka#herine E. Co[e, Esq.}
MAILIiVG ADDRESS: 391 Park Piace, Suite 240, Cleacwater, FL 33759-4904
PHdNE NUMBER: 727-25�-fi791
EMAII; kcole@hwhlaw.com
A�DRESS dF SU61EC7 PROPEFtTY: fi25 S. GUlfview BIVd., Cl�ar+nrater, FL 33767
PARCEL NUNiBER(Sj: 17-28-15-05004-0Q3-QOfiO
LEGAI. dESCRIPTION: See attached Exhibit A
PRQPOSEa USE{Sj: avernigMt accammodations
DESCRtP'f10N OF REQUEST: See attached Exhibit B
SpecifiEaUy identiJy the requesr
('rnclude al! requested code jfexibility;
e.g., reduct3on in requlred number of
pnrking spoces, heighf setbacks, !ot
size, fat widih, speti�c use, eic.);
Planning & Deveiopmerrt Departmeat,100 S. Myrtle Avenue, Clearwater, FL 33766, Tel: 727�'i62,4567; Fax: 727•562-d865
Page 1 vf 8 Rev�lsed 01fi2
° �learwat�r
�
U
Planning & Development Department
Flexible Development Application
Data Sheet
PLEASE ENSURE THAT THE FOLLOWING INFORMATION IS FILLED OUT, IN ITS ENTIRETY. FAILURE TO COMPLETE THIS FORM
WILL RESULT IN YOUR APPLICATION BEING FOUND INCOMPLETE AND POSSIBLY DEFERRED UNTIL THE FOLLOWING
APPLICATION CYCLE.
ZONING DISTRICT:
FUTURE LAND USE PLAN DESIGNATION:
T - Tourist
RFH/P
EXISTING USE (currentiy existing on site): Hotel
PROPOSED USE (new use, if any; plus existing, if to remain): Hotel
SITE AREA: 29�$$$
sq. ft. 0.69
GROSS FLOOR AREA (total square footage of all buildings):
Existing: 32,020 sq. ft.
Praposed: 32,020 sq. ft.
Maximum Allowable: 59�776 sq. ft.
acres
GROSS FLOOR AREA (total square footage devoted to each use, if there will be multiple uses):
First use: N�A sq. ft.
Second use: N�A sq. ft.
Third use: N�A sq. ft.
FLOOR AREA RATIO (total square footage of all bui�dings divided by the total square footage of entire site):
Existing: 1.07
Proposed: 1.07
Maximum Allowable: 2-�
BUILOING COVERAGE/FOOTPRINT (is� floor square footage of all buildings):
Existing: 6,404 sq. ft. ( 21 •4 % of site)
Proposed: 6,404 sq. ft. ( 21•4 � of site)
Maximum Permitted: 28�394 sq. ft. ( 95 % of site)
GREEN SPACE WITHIN VEHICULAR USE AREA (green space within the parking lot and interior of site; not perimeter buffer):
Existing: 820 sq. ft. ( 2•7 �o of site)
Proposed: 820 sq. ft. ( 2•7 % of site)
VEHICULAR USE AREA (parking spaces, drive aisles, loading area):
Existing: 15,250 Sq_ ft. � 51.0
Proposed: 15,250 Sq, {�, ( 51.0
9�0 of site)
90 of site)
Planning & Development DeparUnent, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727-562-4567; Fax: 727-562-4865
Page 2 of 8 Revised 01/12
IMPERVIOUS SURFACE RATIO (total square footage of impervious areas divided by the total square footage of entire site):
Existing: 87•7
Proposed: $���
Maximum Permitted: 95
DENSITY (units, rooms or beds per acre):
Existing: 93 Units/ Acre
Proposed: 93 Units/ Acre
Maximum Permitted: 50 Units/ Acre
OFF-STREET PARKING:
Existing: �
Proposed: �
Minimum Required: ��
BUILDING HEIGHT:
Existing: 5 Stories
Proposed: 5 Stories
Maximum Permitted: 35'-100'
WHAT IS THE ESTIMATED TOTAL VALUE OF THE PROJECT UPON COMPLETION? $ N/A
ZONING DISTRICTS FOR AlL ADIACENT PROPERTY:
North: T
South: OS/R
East: T
West: T
STATE OF FLORIDA, COUNTY OF PINEILAS
I, the undersigned, acknowledge that all Sworn to and subscribed before me this
representations made in this application are true and
day of
accurate to the best of my knowledge and authorize . to me and/or by
City representatives to visit and photograph the . who is personally known has
property described in this application. produced __ as identification.
Signature of property owner or representafive Notary public,
My commission expires:
Planning 8 Development Department, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727-562-4567; Fax: 727-562-4865
Page 3 of 8 Revised 01/72
° Clearwater Planning & Development Department
Flexible Development Application
� Site Plan Submittal Package Check list
IN ADDITION TO THE COMPLETED FLEXIBLE DEVELOPMENT (FLD) APPLICATION, ALL FlD APPLICATIONS SHALL INCLUDE A SITE
PLAN SUBMIITAL PACKAGE THAT INCLUDES THE FOLLOWING INFORMATION AND/OR PLANS:
❑ Responses to the flexibility criteria for the specific use(s) being requested as set forth in the Zoning District(s) in which the
subject property is located. The attached Flexible Development Application Flexibility Criteria sheet shall be used to provide
these responses.
❑ Responses to the General Applicability criteria set forth in Section 3-914.A. The attached Flexible Development Application
General Applicability Criteria sheet shall be used to provide these responses.
❑ A signed and sealed survey of the property prepared by a registered land surveyor including the location of the property,
dimensions, acreage, location of all current structures/improvements, location of all public and private easements including
official records book and page numbers and street right(s)-of-way within and adjacent to the site.
❑ If the application would result in the removal or relocation of mobile home owners residing in a mobile home park as
provided in F.S. § 723.083, the application must provide that information required by Section 4-202.A.5.
❑ If this application is being submitted for the purpose of a boatlift, catwalk, davit, dock, marina, pier, seawall or other si milar
marine structure, then the app�ication must provide detailed plans and specifications prepared by a Florida professional
engineer, bearing the seal and signature of the engineer, except signed and sealed plans shall not be required for the repair
or replacement of decking, stringers, railing, lower landings, tie piles, or the patching or reinforcing of existing piling on
private and commercial docks.
❑ A site plan prepared by a professional architect, engineer or landscape architect drawn to a minimum scale of one inch equals
50 feet on a sheet size not to exceed 24 inches by 36 inches that includes the following information:
❑ Index sheet of the same size shall be included with individual sheet numbers referenced thereon.
❑ North arrow, scale, location map and date prepared.
❑ Identification of the boundaries of phases, if development is proposed to be constructed in phases.
❑ Location of the Coastal Construction Control Line (CCCL), whether the property is located within a Special Flood Hazard
Area, and the Base Flood Elevation (BFE) of the property, as applicable.
❑ Location, footprint and size of all existing and proposed buildings and structures on the site.
❑ Location and dimensions of vehicular and pedestrian circulation systems, both on-site and off-site, with proposed points
of access.
D Location of all existing and proposed sidewalks, curbs, water lines, sanitary sewer lines, storm drains, fire hydrants and
seawalls and any proposed ufility easements.
❑ Location of onsite and offsite stormwater management facilities as well as a narrative describing the proposed
stormwater control plan including calculations. Additional data necessary to demonstrate compliance with the City of
Clearwater Storm Drainage Design Criteria manual may be required at time of building construction permit.
❑ Location of solid waste collection facilities, required screening and provisions for accessibility for collection.
❑ Location of off-street loading area, if required by Section 3-1406.
❑ All adjacent right(s)-of-way, with indication of centerline and width, paved width, existing median cuts and intersections
and bus shelters.
❑ Dimensions of existing and proposed lot lines, streets, drives, building lines, setbacks, structural overhangs and building
separations.
❑ Building or structure elevation drawings that depict the proposed building height and building materials.
Planning $ Development Department, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727-562-4567; Fax: 727-562-4865
Page 4 of 8 Revised 01/12
❑ Typical floor plans, including floor plans for each floor of any parking garage.
❑ Demolition plan.
❑ Identification and description of watercourses, wetlands, tree masses, specimen trees, and other environmentaliy
sensitive areas.
❑ If a deviation from the parking standards is requested that is greater than 50% (excluding those standards where the
difference between the top and bottom of the range is one parking space), then a parking demand study will need to be
provided. The findings of the study will be used in determining whether or not deviations to the parking standards are
approved. Please see the adopted Parking Demand Study Guidelines for further information.
❑ A tree survey showing the location, DBH and species of all existing trees with a DBH of four inches or more, and identifying
those trees proposed to be removed, if any.
❑ A tree inventory, prepared by a certified arborist, of all trees four inches DBH or more that reflects the size, canopy, and
condition of such trees may be required if deemed applicable by staff. Check with staff.
❑ A Traffic Impact Study shall be required for all proposed developments if the total generated net new trips meet one or more
of the following conditions:
■ Proposal is expected to generate 100 or more new trips in any given hour (directional trips, inbound or outbound on the
abutting streets) and/or 1,000 or more new trips per day; or
■ Anticipated new trip generation degrades the level of service as adopted in the City's Comprehensive Plan to
unacceptable levels; or
■ The study area contains a segment of roadway and/or intersection with five reportable accidents within a prior twelve
month period, or the segment and/or intersection exists on the City's annual list of most hazardous locations, provided
by the City of Clearwater Police Department; or
■ The Traffic Operations Manager or their designee deems it necessary to require such assessment in the plan review
process. Examples include developments that are expected to negatively impact a constrained roadway or developments
with unknown trip generation and/or other unknown factors.
D A landscape plan shall be provided for any project where there is a new use or a change of use; or an existing use is improved
or remodeled in a value of 25% or more of the valuation of the principal structure as reflected on the property appraiser's
current records, or if an amendment is required to an existing approved site plan; or a parking lot requires additional
landscaping pursuant to the provisions of Article 3, Division 14. The landscape plan shall include the following information, if
not otherwise required in conjunction with the application for development approval:
❑ Location, size, description, specifications and quantities of all existing and proposed landscape materials, including
botanical and common names.
❑ Existing trees on-site and immediately adjacent to the site, by species, size and location, including drip line.
❑ Interior landscape areas hatched and/or shaded and labeled and interior landscape coverage, expressed both in square
feet, exclusive of perimeter landscaped strips, and as a percentage of the paved area coverage of the parking �ot and
vehicular use areas.
D Location of existing and proposed structures and improvements, including but not limited to sidewalks, walls, fences,
pools, patios, dumpster pads, pad mounted transformers, fire hydrants, overhead obstructions, curbs, water lines,
sanitary sewer lines, storm drains, seawalls, utility easements, treatment of all ground surfaces, and any other features
that may influence the proposed landscape.
❑ Location of parking areas and other vehicular use areas, including parking spaces, circulation aisles, interior landscape
islands and curbing.
❑ Drainage and retention areas, including swales, side slopes and bottom elevations.
0 Delineation and dimensions of all required perimeter landscaped buffers including sight triangles, if any.
Planning & Development Departrnent, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727-562-4567; Fax: 727-562-4865
Page 5 of 8 Revised 01/12
° lea
� � rwater
Planning & Development Department
Flexible Development Application
� General Applicability Criteria
PROVIDE COMPLETE RESPONSES TO EACH OF THE SIX (6) GENERAL APPLICABILITY CRITERIA EXPLAINING HOW, IN DETAIL, THE
CRITERIQN IS BEING COMPLIED WITH PER THIS DEVELOPMENT PROPOSAL.
1. The proposed development of the land will be in harmony with the scale, bulk, coverage, density and character of adjacent
properties in which it is located.
See Exhibit B
2. The proposed development will not hinder or discourage the appropriate development and use of adjacent land and buildings
or significantly impair the value thereof.
See Exhibit B
3. The proposed development will not adversely affect the health or safety or persons residing or working in the neighborhood
of the proposed use.
See Exhibit B
4. The proposed development is designed to minimize traffic congestion.
See Exhibit B
5. The proposed development is consistent with the community character of the immediate vicinity of the parcel proposed for
development.
See Exhibit B
6. The design of the proposed development minimizes adverse effects, including visual, acoustic and olfactory and hours of
operation impacts, on adjacent properties.
See Exhibit B
Planning 8 Development Department, 700 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727-562-4567; Fax: 727-562-4865
Page 6 of 8 Revised 01H2
° Clearwater
U
Planning & Development Department
Flexible Development Application
Flexibilitv Criteria
PROVIDE COMPLETE RESPONSES TO THE APPLICABLE FLEXIBILITY CRITERIA FOR THE SPECIFIC USE(S) BEING REQUESTED AS SET
FORTH IN THE ZONING DISTRICT(S) IN WHICH THE SUBJECT PROPERTY IS LOCATED. EXPLAIN HOW, IN DETAIL, EACH CRITERION
IS BEING COMPLIED WITH PER THIS DEVELOPMENT PROPOSAL (USE SEPARATE SHEETS AS NECESSARY).
1 See Exhibit B
2 See Exhibit B
3 See Exhibit B
4 See Exhibit 6
S See Exhibit B
6 See Exhibit B
� See Exhibit B
8 See Exhibit B
Planning 8 Development Departrnent, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727-562-4567; Fax: 727-562-4865
Page 7 of 8 Revised 01H2
o Planning & Development Department
���arwater Flexible Develo ment A lication
P PP
� Affidavit to Authorize Agent/Representative
1. Provide names of all property owners on deed — PRINT full names:
Ted Lenart and Maria Lenart, Trustees of Lenart
Family Trust UTD December 20, 1991
2. That (1 am/we are) the owner{s) and record title holder(s) of the following described property:
625 South Gul(view 81vd., Clearvvater, FL 33767
3. That this property constitutes the property for which a request for (describe request);
Terminatian of non-conforming status of existing overnight accommodations and grant of units from hotel density
reserve.
4. That the undersigned (has/have) appointed and (does/do) appoi�t:
Hill Ward Henderson, P.A. (E.D. Armstrong III, Esq. and Katherine E. Cole, Esq.)
as (his/their} agent(s) to execute any petitions or other documents necessary to affect such petition;
5. That this affidavit has been executed to induce the City of Clearwater, Florida to consider and act on the above described
property;
6. That site visits to the property are necessary by City representatives in order to process this application and the owner
authorizes City representatives to visit and photograph the property described in this appiication;
7. That (I/we), the undersigned authority, here certify that the foregoing is true and correct.
r
�.. P�- �r ����� ' c�'�/�r
'� ' Property Owner Property Owner
Ted Lenart, Trustee Maria Lenart, Trustee
Property Owner Property Owner
STATE OP FLORIDA, COUNTY OF PINELLAS
eEFORE ME THE UNDERSIGNED, AN OFFICER DULY COMMISSIONED BY THE LAWS OF THE STATE OF FLORIDA, ON
THIS � � �D DAY OF �',GC„f;�_ � � � 3 , PERSONALLY APPEARED
WHO HAVING BEEN FIRS7 DULY SWORN
DEPOSED AND SAYS THAT HE/SME FULLY UNDERSTANDS THE CONTENTS OF THE AFFIDAVIT THAT HE/SHE SIGNED.
"OFFICIAL SEAL" ' � , � �
ANGELINE M. TERRANA
Notary Public, State of Illinas Notary Public Signature
Notary ommissi0n Expires 08-02-14 My Commission Expires: � 0%��/ /�_
T
Planning 8 Development Department, 100 S. Myrtle Avenue, Clearwater, PL 33756, Tel: 727-562-4567; Fax: 727-562-4865
Page 8 of e Revlsad 01l12
City of Clearwater
Flexible Development Application
Termination of Nonconforming Status
625 S. Gulfview Blvd.
Exhibit "A"
Legal Description
Lots 6 and 7, Block C, BAYSIDE SUBDIVISION NO. 5, according to the plat thereof, as recorded in Plat
Book 38, Page 38, of the Public Records of Pinellas County, Florida.
City of Clearwater
Flexibie Development Application
Termination of Nonconforming Status
625 S. Gulfview Blvd.
Exhibit "B"
Description of Request
The Property has operated as a successful mid-sized hotel on South Clearwater Beach for over
30 years. It currently has 64 standard overnight accommodation units. Since construction, the
City has amended its Community Development Code ("Code") and various aspects of the
existing development have become non-conforming as to the Code. The applicant requests to
terminate its non-conforming status as to density. While the applicant proposes to eventually
redevelopment the site pursuant to the existing Beach by Design guidelines. However, in the
event that redevelopment is not permitted in a timely manner, not approved, or not constructed,
the applicant desires to assure the continuing existence of its successful hotel operation.
Specifically, the Applicant requests the termination of nonconforming status for the Property with
the following development standards:
i. Lot size of 29,888 sq. ft. where a minimum of 10,000-20,000 is required;
ii. Lot width of 120 ft. where a minimum of 100 ft. —150 ft. is required;
iii. Height of approximately 55 ft. where a maximum height of 35-100 ft. is permitted;
iv. Front (north) setback of 103.5 ft. to building and 0 ft. to pavement where 0-15 ft. is
required;
v. Side (east) setback of 5 ft. to building and 4.2 ft. to pavement where 0-10 ft. is
required;
vi. Side (west) setback of 40.7 ft. to building and 4.2 ft. to pavement where 0-10 ft. is
required;
vii. Rear (south) setback of 20.8 ft. to building and 9.2 ft. to pavement where 0-20 ft. is
required;
viii. Parking of 54 spaces where 64 — 77 spaces are required;
ix. Density of 64 units (93 units/acre) where 34 (50 units/acre) are permitted;
Responses to Criteria — Termination of Non-conforming Status
1. Perimeter buffers conforming to the requirements of Section 3-1202(D) shall be
installed.
The property is located in the Tourist district and therefore is exempt from perimeter buffer
requirements.
2. Off-street parking lots shall be improved to meet the landscaping standards
established in Section 3-1202(E).
As permitted in the Code, the applicant will submit a Comprehensive Landscape Plan for compliance
with interior landscape requirements within the existing parking lot. An example of existing
landscape conditions and proposed improvements is enclosed with this application.
3. Any nonconforming signs, outdoor lighting or other accessory structure or accessory
use tocated on the lot shall be terrninated, removed or brought into conformity with
this development code.
The applicant will seek approval of a Comprehensive Sign Program application within a year of the
termination of nonconforming status. There is currently a sign which is nonconforming as to height
and which will be brought into compliance.
4. The comprehensive landscaping and comprehensive sign program may be used to
satisfy the requirement of this section.
The applicant anticipates use of the both the comprehensive landscaping and comprehensive sign
program to satisfy compliance with landscape and sign requirements. As an existing hotel, there is a
large amount of surface parking. Enclosed with this request is a comparison of the existing
landscaping requirements and proposed landscaping solutions.
5. The use and structure complies with the general standards for Level One and Level
Two approvals set forth in Section 3-914.
Overnight accommodations is a permitted use in the Tourist zoning district. The structure
complies with the dimensional standards outlined in the Code. The existing hotel does not
currently meet code as to its parking requirements; however, the use has successfully operated
as a mid-sized hotel for many years with the existing number of parking spaces.
General Applicability Criteria (Code sec. 3-914)
1. The proposed development of the land will be in harmony with the scale, bulk,
coverage, density and character of adjacent properties in which it is located.
The existing hotel is consistent with the character of the South Gulfview Boulevard hotels and
the Clearwater Pass character district as defined in Beach by Design. There are mid-sized
hotels on both sides of the existing hotel, including a newly-approved Hampton Inn adjacent to
an existing Quality Inn.
2. The proposed development will not hinder or discourage the appropriate development
and use of adjacent land and buildings or significantly impair the value thereof.
The Property is located on South Gulfview Boulevard which is undergoing a significant
redevelopment renaissance. To the east and west of the existing hotel are two existing hotels
that are both undergoing redevelopment consistent with Beach by Design. The termination of
nonconforming status of the 64 units insures that the existing property can remain competitive
with these new developments which are adjacent to the Property.
3. The proposed development will not adversely affect the health of safety or persons
residing or working in the neighborhood of the proposed use.
The existing hotel has operated for over 30 years without affecting the health and safety of
persons on South Clearwater Beach. To the contrary, termination of the nonconforming status
assures that the employees and guests of the hotel will continue to be able to use the Property
in its current status.
4. The proposed development is designed to minimize traffic congestion.
This is an existing hotel that has two accesses to S. Gulfview Blvd. to allow for patrons to easily
access the Property.
5. The proposed development is consistent with the community character of the
immediate vicinity of the parcel proposed for development.
The Clearwater Pass character district of Beach by Design encourages the development of
overnight accommodations. The existing hotel fits within the City's tourism goals of providing
affordable hotel rooms to patrons. The Clearwater Pass district is comprised currently of
successful, "modest" hotels (as stated in Beach by Design), restaurants, retail shops,
condominiums and entertainment opportunities.
6. The design of the proposed development minimizes adverse effects, including visual,
acoustic and olfactory and hours of operation impacts, on adjacent praperties.
The existing hotel has hours of operation and impacts similar to those of the adjacent properties
and the termination of its existing status will not adversely impact those properties.
City of Clearwater
Flexible Development Application
Termination of Nonconforming Status
625 S. Gulfview Bivd.
View of North Side of Existinq Hotel
c:
x��r o- ��;�-oa7a:�ry
.�ntr �� � iyv; ;� s.�vf,r�
This iaetrument prepassd hy
aad raturn Ca � ,/
x�Y �e�ACC�ccx. Eso.
PBACOCK & GAF'FN�Y, B.A.
2348 S�tsJast Poirit Raad, Buita E
Claarwdter� Florida 34fi25
�areel � 1?J29/i51b50041�03/OQ6R
Graatee &:S. Nc. �
'Ped i,c+narc �
Grantae 3.s. Na.
41nr1� l,cnnrk
��N���n� cauNrY ��A,
��r•.e�L�;.s�. 7��� r�a s���
�,.
�,�,.
,.
r 1
i�
5 �
s " 1
p�ARR7l3iT *}�i3�J�D � �- _� • `•
,� .
��
i ;�
TRx9 Xl1D6li2l]RE, mnde xi►is� 3rd dap of aanuary, 1992, bj���� ; i
8�11WAKL, �xC., a�'xorid� an�porabion (BEiIFPAKS� ItiC,, i� �h� �. �.•�,
rur�iviag aarporatlaa cf the atergrr of CLE11R1iB�'!!ft 88ACa `-��-`
LtBVLLOPltl�l�'�, x�C.. a Flerlda corpaxabi.ou aud 81�71i�11�R� IttC. � s
Flozida corgaratioa, datad seaami�ar 31, f991,j a:�osport�t3on
exieti.ng und$r the laws oE the Stata o� Eiorida, nstd hdviag itt�
Futinoipal placa et businaea in the County ai P3ne�lssi hni3 6taftit�
of Floxidai whase paet O�f,1.Ca addreas is 44`�5�3�kmda���D��fsi
Clearwater 9each, Flarida 34680, party ai the �i.sv�'t �'qrr}, -�nei �1�ri
LE�}IRT and kARiA LSNi�1tT� aa Txaa�ees Undar".I�eaaiCP��F,�3.1Y' Txu�t
Aatad �ecember 2U, 19li, whose mail�.ng n�d�'xgaa` �e 8555 West
winaemav. Naridga, Chiceqo. z3.lincis , ���� �Sh`p Coun�y a�
r.��k __ , sad stnta p€ zlli.s�oi�,.� ot� �ie3�agaond part.
� � . .
ei i�u:nrs trta� F�R��R VBED BRRt�ilif x�8 TBiW �, "BARxY" �,�titWL TitC7.VDE
REC � U fili�+' Fi$YR9� I�F.R6flN1UL R�'RPi9FiH�'�3'YV�� �tDCyC}�.980R9 1WA/OR
ris a�.-� A9dICil�iB 0!' '1H6 REfiPECY'2V£r'i���` ��SF 'L'ST. USE dP
sN'c 2R�, $Y�p�Y+Alt Ii[l}[AltR 6AAIa1+�.'S32CLYI�$ TtlL"''F�Id�RAT,�� AHD '.CSE
F�ts -� i+7+�1RAL TItE BINL�Ul.ARf 9$�' u8�, OP".AliY C�BNi�LB B1iiLLL ZN-
�'���' .�..�.... CL[!b8 A.Li. f3ENDEitB. � `. ,',� `�'
P!C _.__....� i�� `�'• .
qEV � � �
i � .
,' I'i�I �` �I E�'Q'$ Pi 'k' K t
7c1TAG,� ��SL)`� �� , .
That �he saitl-pOx�y� qE the iirst part, ior and in con�s.�cfexa�
tioA of the oum.-aE. A'aa YZa�.laxe end ather qaod and valua�6le
acneidara�ionsi r tc i����.a ��nd pa�.cl by the said p�rty ai ths
aecc�c� parx, ;h.�e rece,t�t whereof i� hereby aekaawlsdgad� hss
qrantad, ba�gained, an¢ eald to #he aeid garty af tha aecanel part
£oraver, the`,ib��.ogf.ng.'deacribed l�ttd, situate� lying aad heiag
in Che Count� Ytt giae�lae, nnd State oE Finr3dti, to-witi
. � �`
.\ \`44 ,�
. _ ',
t^. �. � .
, �
��0�6 `�i+�nnt1 7, BioCk C� SAYBIAB Eit�DIVY�TpK R0. 5i
- eac�rd� ta �h� pla� £heraaf, as r�oord�d ia Pl�t
`� `. Bao�ict 38, pega 38� a! �ita Pnbfio Repaxils o! Piaellaa
' ` Coy�q�y, 83arida.
.`. `� �
._ '
eobject to reatrictioas nad eaaemen�s ui raaard, and
tAxea for t�sa yaar i992 �nd subesqusnt ysara.
8uk�jaat Hrap�7lrout�� Hor�gago o! *vex dui• h�r�with�
ascuriag s promi�aory aota in the priac3pal aum c!
�2, 80D, 4Q0. Ot1.
o�„n � . v,�. ...<.�1.`�� cU
/_ �__ _�._ �`� . kulnpfpfa 7�r Pd.
KuAart !'. Llt t t�C urk, PMslias f.uuns�
�Y � Oup4N fJa�i
KAitL_EF'N P. I:�f.Hl.AIi�Rs CLF.RK
fi£CUI'iB UF�tYF'!£li FiY: �
,�
5 �
1 �
L t
,�
.-_�_ , ti
�
��_` - ��.�.
., -;� ,
, , � , � �..
.+
� ,,
. �� , ,
, . �,
.
.
... . .
� �, ,` .�
� , .�
tii
r�
! �
.'
f'iN£l.t.A�i COUN"fY FI.A.
L1�F.f'tEC.Iik 77$1 Pq 132f�
AND, the aaid party oE the #�,Zet part da�a hexaby fully
tau�raat Ckse tiCla ta said 1�nd, and will da�end the aame againat
the lnwial olaime o� A1}. perrand whomaoever.
i2I iiI19i�819 1{��RL4F� tha aaid party of �ha f.i.sat par� h�e
csosed thsae preaents to ba aignect in itn name hy ita Presidant
and ita aarporat� saal Ca �s aftixed, the day and yesr fl.rgt
above writtan.
(Corpnxats
seni?
A�teat•�l� r•� � ��
•Yi�7"r'R1I C. OR� eClR�pL'Y
�',
,.
„
��
BEAwA1t3�, 3HC., R F�arids _ � �
a0i'FlOCAtf.DA ' J ~ 1� Y�
� � _ �i .�
�` .
'' .
% � � t'ti
13X t y�/(•�i . '' i i
8V lf• x�Cll Yr k'r� �i������
8i c�c�. Bealad �snd 3ialivarad ia ', `.
Otsr �na� i `. `. ..
- .
. ,. , . �
` c` ``�'��
Et�sy F a �'� � ,� �` . `.�,
�^r . .- ^ _
r ♦ 1 � �'�' ' i
i _ � V
� 1 � iI 1ch i/! s'•� I� -_ '` \ `\ � � �
. � ( 1
� , ♦ 1 � \
i %� `I \ ♦ , \
/ /'/ v �` ,♦
�TA'#'� OR FI.4RIAA G) � � � +
COiTliTY Olr SIlt6LIil18 ) � ; `�t ` v
,t
.". � . � ,
T}IBR�BY C$1tTIFY, Thnt ari. th�a 9,r21-.day`��bf �a�tttexy, A.D.
1892 bafora me peraot�e�lly ap�ae�srad D�I�IQ i4.-�LlsY and W1tRREN G.
GCLUOti� 8rasideat and 6earata}s�� sea�po�ively of BEAi1AKS, I}tC. �
A 1T16x�.dA aorpara�iaa (aL�Y�1A3CL.; T1��.� � fs �I►� anrviviag
aorparstion of CLEAiiWA'��I[", S1:RG{� �'DSI�LOPKL�it� CU)il'ANY. INC. � �
F3.orida COC'pD�qt�Cl! au� B�AWAYtE ). IitC. , s F2ari�s aoepoxa�iou,
8sted paeeptbsr 31, 19,41j; a,�qorparptiaa exiating uader tlte laws
af �he 9tat� of Flosic��i, �kd afie Imo�dn to 6e the paraons d�aaribed
in and who exeaut���,tnp'�`or�gtri.ng convayar�ae, oad sevarally'
ackaowladgad the,'$irscutioh ��iareaf Ln be thair Erea act and dead
au auah offiee�`�; for'.t'�e�.u�es and purpaeen th�xein mentiansdF
anc! thst the� � aftixet� � ttiareto the officisi �aal oi said
aarparati,on,r�nnd'•the eaid;�detrumaat is the aat and daed of sa3d
C4Xp4XAtj.arl:� � � ` � �
.� ' i
W,TTH�E8� mj►, a�.gnature and ofiioial eeal st Clearwnter in tite
Cpqttty `oY; FitL�7,3ae, and 9tate of Ploritin� �he day nnd ye�tr laat
afc�g�aiZl..`. -" �
. + � �
. � � �
.
• `� . +y,
� , ..._ _ �
`�` t
. ,
�` ` � ' RAY p A OCi(
�� �� . �
. -�� , l�ataxp Public
My Ccmmisaion expires�
d � �E��
1tfi�w�GwJYe]�.Mq
�0�t52];� ,�i�C
�i �E�-Srr14t1lEiE
REiDRD?t�'C
�i�r :Tn�1P5
�'H��fi A�1T.
�Jl-OS-9� i5:U6:C�
ir�r
! 31E��5n
? p?1 � 3ilU, �0
T(}Tl1�: 52? � 91U, 50
T�IAEREO� y?ir91�,59
t�IANG£: �O�QO
i .
�` �
, ��
,�
,�
- __,+
,
- .
.� .�.
.', �
, , `�� , .,
,� � , �
.�
`.��� , ,
��
. .
.�
.�
` `.
.'.�
`� � ..
�,
,%i
..�'�
City of Ciearwater
Flexible Development Application
Termination of Nonconforming Status
625 S. Gulfview Blvd.
Exhibit "B"
Description of Request
The Property has operated as a successful mid-sized hotel on South Clearwater Beach for over
30 years. It currently has 64 standard overnight accommodation units. Since the site's
development, the City has amended its Community Development Code ("Code") and various
aspects of the existing development have become non-conforming as to the Code. The
applicant requests to terminate the nonconformity of certain components of the site with regard
to density, parking lot dimensions (specific to aisle width, parking spaces width and depth), and
the location of an existing wood deck. The applicant hopes to eventually redevelop the site
pursuant to the existing Beach by Design guidelines; however, in the event that redevelopment
is not permitted in a timely manner, not approved, or not constructed, the applicant desires to
assure the continuing existence of its successful hotel operation.
The existing site is developed as to the below standards:
i. Lot size of 29,888 sq. ft. where a minimum of 10,000-20,000 is required;
ii. Lot width of 120 ft. where a minimum of 100 ft. —150 ft. is required;
iii. Height of approximately 55 ft. (five stories) where a maximum height of 35-100 ft. is
permitted;
iv. Front (north) setback of 103.5 ft. to building and six feet to pavement where 0-15 ft.
is required;
v. Side (east) setback of 5 ft. to building, zero feet (to patio and deck), 6.7 feet (to pool)
and 3.57 ft. to pavement where 0-10 ft. is required;
vi. Side (west) setback of 40.7 ft. to building and 4.2 feet to pavement where 0-10 ft. is
required;
vii. Rear (south) setback of 20.8 ft. to building, zero feet (to patio), 10 feet (to parking)
and four feet (to pool)where 0-20 ft. is required;
viii. Parking of 55 spaces where 64 — 77 spaces are required with a size of not less than
eight feet in width and 16.5 feet in length and drive aisles not less than 20 feet in
width;
ix. Density of 64 units (93 units/acre) where 34 units (50 units/acre) are permitted; and
x. Rear deck with a zero setback where 10 ft. is required.
1
Responses to Criteria — Termination of Non-conforming Status
1. Perimeter buffers conforming to the requirements of Section 3-1202(D) shall be
installed.
The property is located in the Tourist district and therefore is exempt from perimeter buffer
requirements. In light of the restricted amount of space on the site, the applicant has proposed
a landscape plan that increases the perimeter buffer in lieu of interior landscape parking
requirements. The site includes a perimeter buffer along South Gulfview Boulevard between
five and 15 feet in width which exceeds the requirements of Beach by Design.
2. Off-street parking lots shall be improved to meet the landscaping standards
established in Section 3-1202(E).
As permitted by the Code, the applicant has concurrently submitted a Comprehensive
Landscape Plan for compliance with interior landscape requirements within the existing parking
lot. A plan with the existing landscape conditions and proposed improvements is enclosed with
this application. Any additional reduction in parking to accommodate larger parking spaces or
more interior landscaping hinders the operational capacity of the hotel. In the event the site is
completely redeveloped, the parking and landscape requirements would be assessed; however,
there is limited opportunity to make additional changes.
3. Any nonconforming signs, outdoor lighting or other accessory structure or
accessory use located on the lot shall be terminated, removed or brought into
conformity with this development code.
As the size of the site presents clear development constraints, the existing parking to room ratio
is important for the applicant to maintain.
The applicant will seek approval of a Comprehensive Sign Program application within a year of
the termination of nonconforming status. There is currently a freestanding sign which is
nonconforming as to height (11 ft. where 6 feet is available) which will be brought into
compliance (or replaced) in conjunction with the Comprehensive Sign Program. The new sign
will be Code-compliant. The design of the new sign is dependent upon the final, approved
landscaping plan, the flag associated with the hotel, and other redevelopment options at the
site. The redevelopment of new hotels in the immediate vicinity adds to the factors the applicant
will consider when designing the new sign package for the hotel.
The property owner submitted and received City approval on 9/3/96 for the deck seaward of the
seawall pursuant to application BCP1996-090025. Consistent with many of the commercial and
multifamily properties, such structures are placed outside of the property line on sovereign lands. The
existing deck was specifically proposed as a"pool deck" per the application processed by the City and
saved in the City's microfiche system.
Pursuant Code section 3-601, the approved deck complies with the "new Dock" standards for length
and width but does not meet the minimum setback standard on the southwest property line. The
applicant requests the termination of this noncor�forming setback.
The existing sign does not comply with Beach by Design standards as it is taller than the currently
permitted monument sign and has a larger sign area. The existing sign has a total height of 13'-11"
and an overall sign face area of 108 sf where 6'-0" high and 72 sf is allowable. The sign sits 10'-0" back
from the R.O.W. of Gulf Boulevard where the allowable setback is 5'. The applicant will submit a
comprehensive sign application as allowed by Code Section 6-109(C)4 and replace the nonconforming
sign within one year of approval of the nonconforming status of the property.
4. The comprehensive landscaping and comprehensive sign program may be used
to satisfy the requirement of this section.
The applicant has submitted a comprehensive landscape application concurrent with this
application and anticipates the submittal of a comprehensive sign program to satisfy compliance
with landscape and sign requirements. As an existing hotel, there is a large amount of surface
parking and the attached landscape plan shows how this area will be upgraded to meet current
code requirements as to termination of nonconforming status. Enclosed with this request is a
comparison of the existing landscaping requirements and proposed landscaping solutions. Prior
to any changes and within the one year timeframe specified by code, the Applicant will submit a
comprehensive sign program application for the approval of a new sign package, including the
removal of the existing, nonconforming freestanding sign.
5. The use and structure complies with the general standards for Level One and
Level Two approvals set forth in Section 3-914.
Overnight accommodations is a permitted use in the Tourist zoning district. The structure
complies with the dimensional standards outlined in the Code. The existing hotel does not
currently meet code as to its parking requirements (ratio or size of parking space); however, the
use has successfully operated as a mid-sized hotel for many years with the existing number of
parking spaces. See applicant's response to the General Applicability Criteria below.
General Applicability Criteria (Code sec. 3-914)
1. The proposed development of the land will be in harmony with the scale, bulk,
coverage, density and character of adjacent properties in which it is located.
The existing hotel is consistent with the character of the South Gulfview Boulevard hotels and
the Clearwater Pass character district as defined in Beach by Design. There are mid-sized
hotels on both sides of the existing hotel, including a newly-approved Hampton Inn adjacent to
an existing Quality Inn and Shepard's Beach Resort (which is currently undergoing a complete
renovation, addition and redevelopment).
2. The proposed development will not hinder or discourage the appropriate development
and use of adjacent land and buildings or significantly impair the value thereof.
3
The Property is located on South Gulfview Boulevard which is undergoing a significant
redevelopment renaissance. To the east and west of the existing hotel are two existing hotels
that are both undergoing redevelopment consistent with Beach by Design. The termination of
nonconforming status of the existing 64 units insures that the existing property can remain
competitive with these new developments which are adjacent to the Property.
3. The proposed development will not adversely affect the health of safety or persons
residing or working in the neighborhood of the proposed use.
The existing hotel has operated for over 30 years without affecting the health and safety of
persons on South Clearwater Beach. To the contrary, termination of the noncanforming status
assures that the employees and guests of the hotel will continue to be able to use the Property
in its current status.
4. The proposed development is designed to minimize traffic congestion.
This is an existing hotel that has two driveway accesses to S. Gulfview Blvd. to allow for patrons
to easily access the Property. The site has operated successfully for over 20 years without
issue.
5. The proposed development is consistent with the community character of the
immediate vicinity of the parcel proposed for development.
The Clearwater Pass character district of Beach by Design encourages the development of
overnight accommodations. The existing hotel fits within the City's tourism goals of providing
affordable hotel rooms to patrons as stated in Beach by Design regarding the establishment of
the hotel density reserve. The Clearwater Pass district is comprised currently of successful,
"modest" hotels (as stated in Beach by Design), restaurants, retail shops, condominiums and
entertainment opportunities.
6. The design of the proposed development minimizes adverse effects, including visual,
acoustic and olfactory and hours of operation impacts, on adjacent properties.
The existing hotel has hours of aperation and impacts similar to those of the adjacent properties
and the termination of its existing status will not adversely impact those properties.
as6o12o�s
�
LL
� .:• : !:.' : :.'.. '.
} C �arwater
U
Planning & Development Department
Comprehensive Landscaping Application
IT IS INCUMBENT UPON THE APPLICANT TO SUBMIT COMPLETE AND CORRECT INFORMATIOM. ANY MISLEADING, DECEPTIVE,
INCOMPIETE OR INCORRECT INFORMATION MAY INVALIDATE YOUR APPLICATION.
ALL APPLICATIONS ARE TO BE FILLED Ot'JT COMPLETELY AND CORRECTLY, AND SUBMITTED IN PERSON (NO FAX OR DELIVERIESj
TO THE PLANNINC., & DEVELOPMENT DEPARTMENT BY NOQN ON THE SCHEDULED DEADUNE DATE. '
A TOTAL OF li CUMPLETE SETS QF PLANS AND APPLICATION MATERIALS �1 ORIGINAL AND 10 COPIES) AS REQUIRED WITHIN
ARE TO BE SUBMITTEO FOR REVIEW BY THE DEVELOPMENT REVIEW COMMITTEE. SUBSEQUENT SUBMITTAL FOR THE
COMMUNtTY DEVELOPMENT BOARD, IF NECESSARY, WILL REQUIRE 15 COMPLEfE SETS OF PLAIVS AND APPLICATION
MATERIALS (1 ORIGINAL AND 14 COPIES). PLANS AND APPLICATIONS ARE REQUIRED TO BE COLLATED, STAPLED AND FOLDED
INTO SETS.
TNE APPLfCANT, BY FILIIVG THIS APPLICATION, AGREES TO CpMPLY WITH ALL APPLICABLE REQUIREMENTS O� THE
COMMUNITY DEVELOPMENT CODE.
PROPERTY OWNER (PER DEED): Ted & Maria LEnart, Trustees of the Lenart Family Trust u/t/d Dec. 20, 1991
MAILIN� ADDRE55: 8556 W. Winnemac, Noridge, Chicago, IL � •
PHONE NUMBER:
EMAIL:
AGENT OR REPRESENTATIVE: Hill Ward Henderson (E.D. Artnstrong 111 or Katherine E. Cole)
MAILING ADQRESS: 311 Park Place Suite �d0 C:IParwater FI �3759 '
PHONE NUMBER: 727-259-6791
EMAlL: �� h law.00m
ADORESS OF SUBJECT PROPERTY: 625 S. Gulfview Blvd.
DESCRIPTION OF REQUEST: Comprehensive Landscape Appiciation approval to accompany the oompanion
spec�irnlh� ldentify rhe request terminati�n of non-�nforming staws application.
(indude al! requested code flexlbillty;
e.g., reduuction in required number of
parking spoces, height, setbacks, lot
size, bt width, specij7c use, etc.J:
STATE OF FLORIDA, COUNTY OF PUIIELLAS //� �
I, the undersigned, acknowledge that all Swo to and subscribed before me this 1—I � day of
representations made in this application are true and �i3 . to me and/or by
accurate to the best of my knowledge and authorize
City representatives to visit and photograph the who is person�lly known has
property described in this application.
of property own�"r or
Noiary pu4na,`J
My commission expires:
as identification.
CJIROI.d FiARUEY
BaMedllrnNkry
Planning 8 Development Department,100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727-562-4567; Fax: 727-562-4865
Page 1 of 2 Revised 01H2
o � � Planning & Development Deparhnent
� C earwate Com rehensive Landsca in A lication
p P g PP
� Flexibility Criteria
PROVtDE COMPLETE RESPONSES TO EACH OF THE FIVE (5) FLEXIBILlTY CRITERIA IXPLAINING HOW, IN DETAI�, THE CRITERION
IS BEING COMPUED WITH PER THIS COMPREHENSIVE LANDSCAPING PROPOSAL
1. Architedural Theme:
a. The landscaping in a Comprehensive Landscaping program shall be designed as a part of the architectural theme of the
principal buildings proposed or developed on the parcel proposed for the development.
UR
b. The design, charader, location and/or materials of the landscape treatment proposed in the Comprehensive Landscaping
program shall be derr�nstrably more attractive than landscaping othervvise permitted on the parcel proposed for
devebpment under the minimum landscape standards.
The interior landscape requirement is under the required 10% and perimeter landscape is not
required in this zone. Increasing the interior landscape area would necessarily require a loss in parking
which is already deficient. The landscape program will greatly increase the existing perimeter landscape.
2. Lighting. Any lighting proposed as a part of a Comprehensive Landscaping program is automatically controlled so that the
lighting is turned off when the business is closed.
The hotel is o}�en o gi�ests 24 ho�rs a d?y i in� rea ig t; � is contiroLled to minimi2e im�act to
surrounding properties and is consistent with the lighting on other commercial properties on S. Gulfview
B v. Any ture propose an scaUe accent i tin� " e in co ormance wi is zone s reauirements.
3. Community Character. The landscape treatment proposed in the Comprehensive Landscape Program will enhance the
community character of the City of Clearwater.
the perimeter landscape will enhance the site's appeal and
without impairing vehicular on site views in the parking area by overplanting the existing interior area.
4. Property Values. The {andscape treatment proposed in the Comprehensive Landscaping program will have a beneficial impad
on the value of the property in the immediate vicinity of the parcei proposed for development.
A visually attractive, low maintenance and climate appropriate landscape will compliment other asset& of
the property to appreciate overall value, particulazly because this property has architecturally aged in
appearance. u rty an scapes increase a guest s rst unpression an unproves merc an ising possi ties.
5. Special Area or Scenic Corridor Plan. The landscape treatment proposed in the 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.
This property is subject to the requrements and �uidelines set forth in the City of Clearwater's
"Beach By Design". The attached plan shall be proposed to be in conformance with this program.
Planning & DevelopmeM Departrnent,100 S. Myrtle Avenue, Clea�v�ra�er, FL 33756, Tel: 727-662-4567; Fax: 727�62-4865
Page 2 of 2 Revised 01112
City of Clearwater
Responses to Comments
625 S GULFVIEW BLVD
FLD2013-08025
Engineering Review
Prior to the Building Construction Permit:
NOTE: there is no proposed building construction permit other than the work required
by the Code, section 3-1202, for compliance with the termination of non-conforming
status. As such, while the applicant acknowledges the comments as indicated below,
the engineering and stormwater comments would not be addressed at all during this
process. Any building permit for the site would be specific to the implementation of the
Comprehensive Landscape Program, applied for in conjunction with this application,
and the installation of a new sign on the property.
1. City GIS indicates that there is an ingress/egress easement along the southern
property line as per Record Document Book 5776, P 115-118, 120123. Please
show this easement on the site plan.
Acknowledged. See revised site plan.
2. As per Section 3-1909, Easements, Section D, no permanent structures,
including masonry or block fences, shall be located in an easement. Please
consult with City staff on this issue, if needed.
Acknowledged. This is a request for termination of
nonconforming status and does not include any request that
would trigger the requirements of sec. 3-1909.
3. As per Community Development Code Section 3-1907B, Sidewalks/Bicycle paths
and City Construction Standard Index No. 109 for Sidewalks, Applicant shall
bring all sub-standard sidewalks and sidewalk ramps adjacent to or a part of the
project up to standard, including A.D.A. standards (raised detectable tactile
surfaces or truncated domes per FDOT Index #304 and 310 FY 2012/13).
Acknowledged. This is a request for termination of
nonconforming status and does not include any request that
would trigger the requirements of sec. 3-1909.
4. If the proposed project necessitates infrastructure modifications to satisfy site-
specific water capacity and pressure requirements and/or wastewater capacity
requirements, the modifications shall be completed by the applicant and at their
expense. If underground water mains and hydrants are to be instalied, the
installation shall be completed and in service prior to construction in accordance
with Fire Department requirements.
Acknowledged. This is a request for termination of
nonconforming status and does not include any request that
would trigger the requirements of sec. 3-1909.
Environmental Review
1. DRC review is a prerequisite for Building Permit Review; additianal comments may
be forthcoming upon submittal of a Building Permit Application.
Acknowledged.
2. Additional permits from State agencies, such as the Southwest Florida Water
Management District or Florida Department of Environmental Protectian, may be
required. Approval does not relieve the applicant from the requirements to obtain
all other required permits and authorizations.
Acknowledged.
Land Resource Review
1. Clarify if any palms are proposed to be removed. Several existing palms are not
shown on the landscape plan, however the majority of them are less than 10 feet
of ctear trunk and would not require a tree removal permit. Clarify.
Acknowledged. See revised plans.
2. Provide a landscape plan that clearly shows property lines and sight visibility
triangle. Please be aware plant material in the sight visibility triangles must be
maintained at 30 inches or less. Please choose plant material accordingly.
Acknowledged. See revised plans.
3. DRC review is a prerequisite for Building Permit Review, additional
comments may be forthcoming upon submittal of a Building Permit
Application.
Acknowledged.
Planning Review
1. Consider revising the request to only include a Termination of Status of
Nonconformity for density. Essentially, the argument is that you are looking to
retain the current density on site and plan on clearing the site and providing a new
Beach by Design-compliant development. If that is the intent then whether the
hotel is demolished by chance or design the existing height, parking count, setbacks,
etc. should not matter. Plus we need to iron out some time lines - generally, permits
need to be applied for within one year of FLD approval, obtained within six months of
that, etc. In the event that the hotel stays the way it is we need some hard time lines by
which landscaping, lighting, signage, etc. is brought up to Code either flat out or via a
Comp. Landscape or Sign Program, as the case may be.
As the size of the site presents clear development constraints, the existing parking to
room ratio is important for the applicant to maintain as well as the exisfing deck to the
rear of the property. As such, the request is to terminate nonconforming status as to the
structure, parking, acxessory structures and density. The standard in the Code is
compliance with the It is important to the applicant to retain these aspects to continue
to operate as a successful mid-sized hotel. Pursuant to the Code section 6-109, the
applicant must complete landscaping, lighting and signage requirements within one
year of approval. The applicant has provided a Comprehensive Landscape Application
that will provide the basis for compliance with the perimeter buffers required by sec. 6-
109(C)(1). The applicant will submit an a comprehensive sign program application at
the time the sign is proposed to be upgraded for conformity.
2. Please provide the phone number and email address of the property
owners on the application.
The property is owned by a trust with several beneficiaries. There is not a
common phone number/email for the property owner hence the use of the agent.
3. Clarify the circumstances under which the wood deck adjacent to the pool was
constructed. It appears that the deck is not located on the subject property and I cannot
find any permits for it. As such, the deck is a nonconforming accessory structure. CDC
Sec. 6-109 requires that, as a criteria of approval of a TOS, that any nonconforming
signs, outdoor lighting or other accessory structure or accessory use located on the lot
shall be te�rninated, removed or brought into conformity with this development code. In
short, the deck has to go.
The property owner submitted and received City approval on 9/3/96 for the deck seaward of
the seawall pursuant to application 96090025. Consistent with many of the commercial and
multifamily properties, such structures are placed outside of the properly line on sovereign
lands. In this instance, the ownership of such lands is unclear as the property seaward of the
existing seawall has fluctuated through the years based upon the natural accretion and
reliction of sand as well as renourishment activities on other sites; therefore, the mean high
water line has also fluctuated along this property line. Tin 1984, the Ciiy requested and
received an easement for non-exclusive access to this area indicating ownership vested in the
upland property owner. The existing deck was specifically proposed as a"pool deck" per the
application processed by the City and saved in the City's microfiche system.
Pursuant Code section 3-601, the approved deck complies with the "new Dock" standards for
length and width but does not meet the minimum setback standard on the southwest property
line. The applicant requests the termination of this nonconforming setback.
4. Clarify if there is any additional existing building height for mechanical equipment
or architectural features.
There are four air condfioning units on the roof which are currently not screened with
architectural features.
5. Clarify that the building height of 55 feet is measured from base flood
elevation (BFE).
The height of 55 feet is an estimate based upon the existing five stories. The 55'
elevation is measured from the existing ground at elev. 7.0+/-. BFE in this area is 12.0.
6. Clarify if inechanical equipment is screened from view from adjacent properties
and rights-of-way. This includes equipment such as air conditioning units, pool
pumps, pool filter, etc.
Equipment on the roof is not visible from the street or adjacent properties
at �round level as it is shielded by elements of the building . Pool
equipment is enclosed in a room attached to the west side of the building
facing the pool and so is not visible by patrons or neighbors.
7. Please provide sight visibility triangles on the landscape plan.
Acknowledged. See revised plan.
8. Clarify the means by which solid waste is accommodated. Clarify where the
dumpster is located and how it is screened.
Solid waste is collected in a roll-out dumpster container enclosed in the opaque fence
container yard on the S.E. corner of the parking lot. On pick-up days hotel personnel roll
the container out to the street just before pick up and roll the container back into the
enclosure right afterwards.
9. Clarify if the applicant considers this hotel a mid-priced hotel. This is not a vital statistic
but I would like to include that in the staff report if true. I do not need to know room
rates.
The hotel is considered somewhat between "budget" and "mid-priced." The property formerly
operated as a budget Econo-Lodge but the intent, if these nonconformities are terminated, to
do work to the property that will upgrade the property and provide the owner the opportunity
to charge somewhat higher room rates. The hotel does not include restaurant and meeting
spaces that other mid-prioed hotels include and therefore room rates would not increase
dramatically.
10. Clarify how parking works given a low, existing ratio.
The general clientele comes as a family that rents more than one room but travels together in
one car, or, flies to the beach and uses public transportation to reach the hotel. The existing
parking area provides the minimum necessary for the hotel to operate at its current density.
11. There is a fenced area near the street in the parking lot which is not indicated on the
submitted survey. Clarify what this area is and indicate it on the site plan.
Please see revised site plan. The fenced in areas are for dumpster storage. The area will
be shown on the site plan.
12. Clarify the amount of interior green space as based on the vehicular use area. The
application provides that there is 2.7 percent of green space where the submitted site
indicates that there is 24.1 percent.
The submitted site plan shows 24.1 % of landscaped area which includes the perimeter buffer
area. The application shows 2.7% of landscaped area which excludes the perimeter buffer
area as requested specifically on the application.
13. Be aware that any encroachments into the 18 foot Building Code structural setbadc from
the seawall be submitted to and approved by the Building Official prior to the issuance of
any permit. It should be noted that the Building Official is authorized by the Board of
Adjustment and Appeal to process and approve administrative variances for such
encroachments provided the seawall has been re�ngineered and re-constructed to
acxommodate the new construction.
Adcnowledged.
14. I would like to tighten up the landscape plan to settle on a more exact plan with regard
to plant species. In addition, please provide some sort of shrub or groundcover material
in the foundation landscaping.
Please see revised landscape plan.
15. Criterion 1- You may want to discuss other increases in density either through a
Termination of Status of Nonconformity, TDR and/or through the Density Reserve
associated with other sites in the area.
See revised Ex. B
16. Criterion 2- 6- no comments.
17. Criterion 1- provide a brief discussion with regard to the upgrades proposed for the
landscaping and what landscaping is in place now. While perimeter bufFers are not
required it appears that buffers are in place so one could argue that, in some ways,
existing conditions exc�ed what Code requires which is a good thing.
The existing landscape has extensive palm plantings. Over 50 mature palms
exist and some like number of immature palms also exist (they are not shown on
the plan). The buffer landscape on the perimeter on the north and south property
allow space for the addition of a quantity of ornamental trees and the internal
parking isle and planters around the building allow for more space to plant these
trees and palms. This allows the total quantity of palms and trees to exceed the
code minimum plantings that would be required if just the interior parking isle was
planted.
18. Criterion 2- provide a brief narrative discussing what landscaping is in plaoe in the
interior and how the lack of area otherwise required is mitigated by other aspects of
the landscape plan as proposed.
As indicated in #17, the existing mature palms on the site allow for understory
space in which to plant ornamental trees. This allows for overlapping canopies of
existing and proposed trees which requires less ground area for planting.
Therefore the lack of physical ground space is made up in actual number of
palms and trees and potential canopy space.
19. Criterion 3- Provide a discussion with regard to how the existing sign will be brought
into conformance with Code. Include details about the existing sign such as height,
area, dimensions, setback, etc. In addition, the wood deck which exists afF of the
subject site needs to be addressed as this appears to be a nonconforming
accessory structure.
The existing sign does not comply with Beach by Design standards as it is taller
than the currently perm�ted monument sign and has a larger sign area. Existin�
sign has a total height of 13'-11" and an overall sign face area of 108 sf where 6'-0'
high and 72 sf is allowable. The sign sites 10'-0" back from the R.O.W. af Gulf
Boulevard where the allowable setback is 5'.
The applicant will subm� a comprehensive sign application as allowed by Code
section 6-109(C}4 and replace the nonconforming sign within one year of approval
of the nonconforming status of the property.
As stated in the answer to Planning Comment #3, the existing wooden deck was
originally permitted in 1996 by the city of Clearwater. It is an accessory use ancillary
to the primary upland use and conforming as to use and size. There is a
nonconforming setback and the applicant requests this nonconformity ta be
terminated consistent with this application.
20. Criterion 4- A Comprehensive Landscape Program application is required at this
time and we at least need to know what sort of plans you have with regard to the
existing freestanding sign.
See attached Comprehensive Landscape Program.
21. Criterion 5- Submittal of a Comprehensive Landscape Program and Comprehensive
Sign Program will handle this criterion.
Adcnowledged.
Disclaimer
Please be aware that additional comments may be generated at or subsequent to the
DRC meeting based upon applicant response to DRC comments.
Please review the stated request closely. It is ultimately the responsibility of the applicant to
ensure that the request and submitted proposal are accurate and consistent with each other.
Stormwater Review
�. Project engineer shall access the existing storm system and call
out on plans required maintenance for customer to perform.
There is no proposed construction. In the event the site is redeveloped, the
applicant will submit a site plan application that will comply with the city's
stormwater requirements. Pursuant to code section 6-109, stormwater is not an
area of review for this request.
2. If modfication to existing system or new system is needed,
contractor shall submit a signed and sealed as-builts certifying by the engineer of record
that the stormwater system was built per design and meets all regulations.
Acknowledged.
General Comments:
�. All resubmittals shall be accompanied with a response letter
addressing how each department condition has been met.
2. DRC review is a prerequisite for Building Permit Review; additional
comments may be forthcoming upon submittal of a Building Permit Application
Traffic Eng Review
�. No Transportation Impact Fee due at this time because no new
increase in hotel units or change of use.
Acknowledged.
2. DRC review is a prerequisite for Building Permit Review;
additional comments may be forthcoming upon submittal of a Building Permit
Application.
Adcnowledged.
477�823v1