FLD2015-10040 - Staff Report�
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MEETING DATE:
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COMMUNITY DEVELOPMENT BOARD
PLANNING AND DEVELOPMENT DEPARTMENT
STAFF REPORT
January 19, 2016
E.4.
FLD2015-10040
The Community Development Board is reviewing a proposed expansion of
the Clearwater Marine Aquarium in the Commercial (C) District for the
property located at 249 Windward Passage. The proposal includes a parking
garage, two buildings and dolphin tank. A two-year development order is
requested and allowable flexibility is requested from height, setback and
landscape requirements. (Sections 2-704.F and 3-1202.G)
Scott McClelland, Inside Out Group, Incorporated
Clearwater Marine Aquarium
249 Windward Passage; south side of Windward Passage approximately 210
feet west of Island Way
4.53 acres
Commercial General (CG)
Commercial (C) District
Commercial (C) and Medium Density Residential (MDR) Districts
Preservation (P) District
Commercial (C) and Preservation (P) Districts
Commercial (C) and Preservation (P) Districts
Aquarium and Marina
Aquarium and Marina
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ANALYSIS:
Location and Existing Conditions:
The 4.53-acre subject property is located on
the south side of Windward Passage
approximately 210 feet west of Island Way.
The property is comprised of three separate
parcels of land that when combined result in
an awkward property configuration. The
property is within the Commercial (C) District
and the Commercial General (CG) Future
Land Use Plan (FLUP) classification.
The immediate area is characterized by a
variety of uses including attached dwellings,
offices, marina, automobile service station,
restaurant, retail plaza and bank uses with
heights ranging from one to six stories.
The site is developed with the Clearwater
Marine Aquarium including a 28 slip marina
as described in detail later in this report.
Site History:
On May 17, 2011 the CDB approved the Level
II Flexible Development application
(FLD2011-02006) for the expansion of the
CMA to include the following:
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C
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The construction of an approximate 11,000
square feet of new floor area for the
Clearwater Marine Aquarium building to
include a new lobby and gift shop, as well
as a new outdoor tank exhibit area with a
660-seat outdoor stadium;
The construction of several new outdoor
aquatic tanks along the west side of the
Clearwater Marine Aquarium building;
The construction of a new 205-space, four-
level parking garage between the
Clearwater Marine Aquarium building and
Windward Passage;
The construction of a new 118-space
surface parking lot on the eastern third of
the subj ect property;
The construction of a new 12-foot to 14-
foot wide marina promenade along that
PROJECT
SITE
PLANNING & DE VELOPMENT
DEVELOPMENT REVIEW DIVISION
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portion of the property abutting the Mandalay Channel;
❑ The installation of a loading zone, dumpster enclosure and "T" turnaround for Fire
Department access at the termination of the right-of-way for Marina Way on the subject
property;
❑ The installation of perimeter, interior and foundation landscaping throughout the site; and
❑ The installation of stormwater drainage improvements including a vault beneath the surface
parking area.
The improvements have been constructed with the exception of 11,000 square feet of new floor
area for the CMA building which was to include a lobby, gift shop, outdoor tank exhibit area
with a 660-seat outdoor stadium and the 205-space parking garage.
On September 15, 2015 the Community Development Board (CDB) approved a Level II Flexible
Development application (FLD2015-06023) for the expansion of the Clearwater Marine
Aquarium (CMA) to include replacing two temporary structures (ticket booth/ kiosk and
concession stand/ gift shop/ pelican enclosure) constructed for filming of the two Dolphin Tale
movies with permanent structures. None of these improvements have been constructed.
Code Enforcement Analysis:
There is no active Code Compliance case for the subject property.
Development Proposal:
The development proposal consists of demolishing a portion of the existing building as well as
the temporary structures (ticket booth/ kiosk and concession stand/ gift shop/ pelican enclosure)
constructed for filming of the Dolphin Tale movies. Two buildings (One and Two as shown on
the site plan), a two story dolphin pool and 437 space three story parking garage are proposed to
be constructed. Both Buildings One and Two will be four stories, 46.67 feet in height (from base
flood elevation to top of flat roo�. Building One will be 22,917 square feet with Building Two
49,643 square feet in area. The buildings are to be located on the south side of the parking garage
which itself will be constructed at the northwest corner of the property fronting Windward
Passage. Vehicular traffic is to access the garage from Windward Passage and exiting will occur
onto the adjacent property to the east currently operated as Island Way Grill. There will be an
elevated walkway connecting Buildings One and Two as well as the dolphin pool which is to be
located south of Building One.
The first two levels of Building One will contain animal life support systems with the third level
having a food court, coral reef exhibit and retail sales. Fourth level attractions include the
Winter's Dolphin Tale Adventure, traveling exhibit and coral ree� exhibit. The first two levels of
Building Two will contain conference, class and lab rooms. Ticketing, jewel and touch tanks will
occupy the third level. The fourth level will have a theatre, concession area, kitchen and seminar/
banquet room.
This development proposal is being reviewed as a Comprehensive Infill Redevelopment Project
(CIRP) as the existing development was approved through Level II CIRP application (FLD2011-
02006) and the proposal does not meet the minor revision criteria pursuant to CDC Section 4-
406. Specifically, the proposal results in a substantial change to the location of previously
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approved structures by removing the outdoor seating area and parking garage and adding
buildings one and two, the dolphin pool and 437 space parking garage.
Comprehensive Plan:
The proposal is supported by various Goals, Objectives andlor Policies of the City's
Comprehensive Plan as follows:
Future Land Use Plan Element
Policy A.3.2.1 - All new development or redevelopment of property within the City of Clearwater
shall rrteet all landscape requirements of the Community Development Code.
Objective A.6.6 - Tourism is a substantial element of the City's economic base and as such the
City shall continue to support the maintenance and enhancement of this important economic
sector.
The proposal, as discussed, meets the requirements of the CDC providing perimeter landscaping
along Windward Passage and interior landscape areas. The proposal includes the expansion of
the existing Clearwater Marine Aquarium and rehabilitation center which has operated on the
site since 1978 and also receives an adequate level of service. The proposed expansion will
allow the CMA to continue to support the tourist and residential bases by providing upgrades to
the site. Improvements include removing existing temporary structures and demolishing a
portion of the existing building to allow for two buildings, a dolphin pool and parking garage.
Also proposed is a landscape plan which Staff believes exceeds the intent of the CDC with
regard to overall planting design, the creation of a tiered effect along Windward Passage and
shade and palm species complementing the site plan which will improve the aesthetics of the
site. Therefore, the proposal supports these Objectives and Policies.
Community Development Code:
The development 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.
Section 1-103.B.2. Ensuring that development and redevelopment will not have a negative
impact on the value of surrounding properties and wherever practicable promoting development
and redevelopment which will enhance the value of surrounding properties.
The proposal includes the expansion of the existing Clearwater Marine Aquarium and
rehabilitation center that has served the immediate and surrounding properties since 1978.
Surrounding properties to the north, east and west have been developed with residential and a
variety of non-residential uses including attached dwellings, offices, marina, automobile service
station, restaurant, retail plaza and bank. The property owners will make improvements to the
site through replacing temporary structures needed during filming of the Dolphin Tale movies
with permanent Code compliant structures that include architectural treatments consistent with
the existing buildings. Existing and proposed landscaping will enhance the site with buffers
between the subject property and adjacent right-of-way. The value of the property is enhanced
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through the proposed permanent structures for the existing aquarium use of the property which
will continue to serve the surrounding community and City as a whole. Furthermore, it is
anticipated that the proposal will result in allowing the CMA to provide a positive impact on the
surrounding properties. Therefore, the proposal supports this Code section.
Section 2-701.1 Intent of the Commercial Zoning District and CG classification.
The CDC provides that it is the intent and purpose of the Commercial District is to provide the
citizens of the City of Clearwater with convenient access to goods and services throughout the
city without adversely impacting the integrity of residential neighborhoods, diminishing the
scenic quality of the city or negatively impacting the safe and efficient movement of people and
things within the City of Clearwater.
The proposal will provide for the expansion of the existing Clearwater Marine Aquarium. The
aquarium and rehabilitation center has existed at the site since 1978 and the improvements will
enhance the customer experience to the CMA and provide upgrades for the convenience and
safety of the visitors and staff. The nearby uses are residential and commercial and are expected
to continue to benefit from the operation of the CMA.
Compliance with Development Standards:
Floor Area Ratio (FAR�:
Pursuant to the Comprehensive Plan and CDC Section 2-701.1, the maximum floor area ratio
(FAR) for properties with a future land use plan designation of CG is 0.55. The proposed
expansion will result in a total gross floor area of 105,502 square feet at a FAR of 0.54, which is
consistent with Code provisions.
Impervious Surface Ratio (ISR�
Pursuant to the Comprehensive Plan and CDC Section 2-701.1, the maximum allowable ISR
within the CG FLUP category is 0.90. The overall proposed ISR of 0.89 is consistent with Code
provisions.
Minimum Lot Area and Width:
Pursuant to CDC Table 2-704, there is no minimum required lot area or lot width for a
Comprehensive Infill Redevelopment Project. The lot area of the subject property is 197,115
square feet (4.53 acres) while the lot width along Windward Passage is 546.3 feet. It is noted
that the lot area/width of the subject property exceeds that which is typical for uses in the C
District.
Minimum Setbacks:
Pursuant to CDC Table 2-704, there are no minimum required setbacks for a Comprehensive
Infill Redevelopment Project. The development proposal includes front (north) setbacks of zero
feet (to bus shelter) and 9.9 feet (to building), rear (south) setbacks of 11.9 feet (to building) and
zero feet (to marina promenade), side (east) setbacks of zero feet (to building) and zero feet (to
marina promenade), side (west) setbacks of 22.5 feet (to building) and zero feet (to marina
promenade), and side (north) setbacks of 30.5 feet (to building) and zero feet (to pavement).
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The existing rear and side (south, east and west) setbacks of zero feet accommodates the paver
brick promenade along the entire length of the waterfront property line. The promenade
provides a clearly defined path for pedestrian traffic along the waterfront and facilitates easy
access to the existing marinalboat slips. The side (east) setback of zero feet also accommodates
the parking garage to be constructed along the east property line where the exiting from the site
is to occur as well as maximizing the ability to provide on-site parking with no need to park off-
site as currently is necessary.
Maximum Buildin�Hei h�t�.
Pursuant to CDC Table 2-704, there is no maYimum height for a Comprehensive Infill
Redevelopment Project. The greatest height for the entire project is for the arched cover over the
new elevated walkway between Buildings One and Two with a height of 48 feet from base flood
elevation to the midpoint of arched roof. It is noted that the proposed height is within the
maximum range established for multiple uses within the C District and is compatible with the
surrounding buildings.
Minimum Off-Street Parkin�:
Pursuant to CDC Table 2-704, the minimum off-street parking requirement for a Comprehensive
Infill Redevelopment Project shall be determined by the Community Development Coordinator
based on the specific use and/or ITE Manual standards.
A parking requirement was established based upon a review of the ITE Manual. As the ITE
Manual does not include an aquarium land use category; alternate, similar comparables were
sought out within the ITE Manual for the proposed use/elements. The principal aquarium
building is most consistent with the Museum land use requiring 1.32 spaces per 1,000 square feet
or 89 spaces. The outdoor stadium/ tank area is consistent with the Live Theatre land use which
requires 1 space per 3 seats or 55 spaces. Building One and Two are most consistent with Indoor
Recreation/ Entertainment land use requiring three spaces per 1,000 square feet or 218 spaces.
Based upon the above, the combined total of required off-street parking spaces for the principal
aquarium building, the outdoor stadium/tank area, and the marina (14 spaces) is 376. The
application proposes 440 total off-street parking spaces (437 garage and three existing surface)
for the property, and therefore meets the requirements of CDC Table 2-704.
Pursuant to FLD2011-02006, a parking easement was recorded for 24 off-street parking spaces
for the 48-slip municipal marina. The municipal marina has been reconfigured and the number of
slips has been reduced to 28 slips requiring the aforementioned 14 parking spaces. The existing
parking easement will be released and a new parking easement be recorded for the 14 spaces.
It is important to note that during construction of the parking garage there will be no on-site
parking available. The applicant has indicated that they will utilize the City parking lot south of
Coachman Park during non-event hours. City staff agrees that along with their surface lot at 200
South Osceola and other parking facilities available as discussed in the submitted parking plan
narrative, that there will be adequate parking available during construction.
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Mechanical Equi ment:
Pursuant to CDC Section 3-201.D.1, all outside mechanical equipment must be screened on all
four sides so as not to be visible from public streets and/or abutting properties. There is existing
mechanical equipment located throughout the site screened from view by buildings, walls or
fencing.
Si�ht Visibili , Triangles:
Pursuant to CDC Section 3-904.A, to minimize hazards at the driveway on Windward Passage
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. Should this application be approved, all utilities serving the new buildings
must be located underground in compliance with the Code requirement.
Landsca�in�:
The applicant has opted to utilize the Comprehensive Landscape Program pursuant to CDC
Section 3-1202.G. The criteria for a Comprehensive Landscape Program are provided below:
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 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. Community character. The landscape treatment proposed in the comprehensive landscape
program will enhance the community character of the City of Cleanvater.
3. Property values. The landscape treatment proposed in the comprehensive landscape
program will have a beneficial impact on the value of property in the immediate vicinity of
the parcel proposed for development.
Pursuant to CDC Section 3-1202.D, there is a 15-foot wide landscape buffer required along the
north property line abutting Windward Passage and along the south, east and west property lines
abutting the Mandalay Channel/Causeway right-of-way. The proposal includes a reduction to a
portion of the landscape buffer along Windward Passage from 15 to zero feet (to bus shelter) and
a reduction to the Mandalay ChanneUCauseway landscape buffers from 15 feet to zero feet for
the existing marina promenade walkway.
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Pursuant to CDC Section 3-1202.D, there is a five foot wide landscape buffer required along the
east property line abutting the property to the east. The proposal includes a reduction from five
feet to zero feet for the parking garage.
Pursuant to CDC Section 3-1202.E, all facades facing a street must include a foundation planting
area of at least iive feet of depth along the entire fa�ade excluding areas necessary for
ingress/egress. The proposal cannot incorporate the foundation plantings along the north side of
the parking garage as the perimeter landscaping immediately abuts the structure.
As noted, the widths of portions of all perimeter north, south, east and west landscape buffers as
well as foundation plantings along the north building facade of parking garage do not meet the
provisions of CDC Article 3 Division 9. The applicant has mitigated the deficiencies through the
provision of landscape material in excess of the minimum otherwise required by the CDC where
adequate room is available. The landscape plan includes shade and palm trees (high rise live oak
and cabbage palms), as well as shrubs, vine and ground cover (Queen Emma crinum lily, Florida
privet, pink muhly, creeping fig, dwarf schillings holly and coontie palm). The landscaping along
Windward Passage will have a tiered effect to include high rise live oak and cabbage palm trees
as well as a variety of shrubs and groundcover. Along the north side of the parking garage facing
Windward Passage there will be a creeping fig living wall. The perimeter buffer and living wall
landscaping establishes a unified theme of the property that compliments the building
architecture.
The applicant has proposed a landscape plan taking full advantage of the site vis-a-vis available
space for planting and is acceptable to buffer the site from the abutting uses to the north and
west. Staff believes the proposal exceeds the intent of the CDC with regard to overall planting
design, the creation of a tiered effect along Windward Passage and shade and palm species
complement the site plan which will improve the aesthetics of the site, enhance the community
character and should have a beneficial impact on surrounding properties including property
values.
Solid Waste:
There are two existing dumpsters located south of the terminus of Marina Way. The dumpsters
are screened on the top and sides by stucco walls painted to match the building. The front of the
enclosure has white gates. The proposal has been found to be acceptable by the City's Solid
Waste and Fire Departments.
Signage:
Signage for the site was approved through Comprehensive Sign Program application CSP2013-
05003 and installed via sign permits SGN2013-07002 and SGN2013-07010. A sign package has
not yet been submitted with this application and signage, whether indicated or not, should not be
considered as part of the request nor would any approval of this proposal in any way imply
approval of any sign. Any future proposed signage not meeting the CSP2013-05003 approval
will need to be requested by amending the CSP2013-05003.
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Compliance with Specific Use Flexibility Criteria:
The proposal supports the specific Comprehensive Infill Redevelopment Project criteria pursuant
to CDC Section 2-704.F as follows:
The development or redevelopment is otherrvise impractical without deviations from the use
and/or development standards set forth in this zoning district.
Along the south, east and west property lines there is a zero-foot setback to existing
pavement (marina promenade). The promenade provides a clearly defined path for
pedestrian traffic along the waterfront and facilitates easy access to the existing marina/boat
slips. The side (east) setback of zero feet also accommodates the parking garage constructed
along the east property line where the existing of the site is to occur as well as maximizing
the ability to provide on-site parking with no need to park off-site as currently is required.
Removing existing pavement and relocating the parking garage would be impractical and
thus the impetus for deviations to the setback development standards. Therefore, the proposal
is consistent with this CDC Section.
2. The development or redevelopment will be consistent with the goals and policies of the
Comprehensive Plan, as well as with the general purpose, intent and basic planning
objectives of this Code, and with the intent and purpose of this zoning district.
As discussed previously, the development proposal is consistent with a variety of Goals,
Objectives and Policies of the City's Comprehensive Plan as well as with the general
purpose, intent and basic planning objectives of the CDC.
3. The development or redevelopment will not impede the normal and orderly development and
improvement of surrounding properties.
As discussed previously, the development proposal should have no impact on the ability of
adjacent properties to redevelop or otherwise be improved.
4. Adjoining properties will not suffer substantial detriment as a result of the proposed
development.
The only known detriment to the adjoining properties from the site is the availability of
adequate on-site off-street parking. The proposal includes a 437 space parking garage which
will allow all parking for the aquarium to occur on-site. As such, the lack of available
parking will be mitigated and it is not anticipated the proposal will have any substantial
detriment to the adjoining properties.
5. The proposed use shall otherwise be permitted by the underlying future land use category, be
compatible with adjacent land uses, will not substantially alter the essential use
characteristics of the neighborhood; and shall demonstrate compliance with one or more of
six objectives:
b. The proposed use would be a significant economic contributor to the City's economic
base by diversifying the local economy or by creating jobs;
The proposal will allow for the upgrade and continued operation of an economic
contributor to the City of Clearwater. Furthermore, the development will allow for the
expansion of education and community work offered to the City and visiting tourists.
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6. Flexibiliry with regard to use, lot width, required setbacks, height and off-street parking are
justified based on demonstrated compliance with all of the following design objectives:
a. The proposed development will not impede the normal and orderly development and
improvement of the surrounding properties for uses permitted in this zoning district.
b. The proposed development complies with applicable design guidelines adopted by the
city.
c. The design, scale and intensity of the proposed development supports the established or
emerging character of an area.
d. In order to form a cohesive, visually interesting and attractive appearance, the proposed
development incorporates a substantial number of the following design elements:
■ Changes in horizontal building planes;
■ Use of architectural details such as columns, cornices, stringcourses, pilasters,
porticos, balconies, railings, awnings, etc.;
■ Variety in materials, colors and textures,-
■ Distinctive fenestration patterns;
■ Building stepbacks; and
■ Distinctive roofs forms.
e. The proposed development provides for appropriate buffers, enhanced landscape design
and appropriate distances between buildings.
The site is not within any special area plan and the proposal has been developed within
the standards of the C District and CG land use plan designation. Surrounding properties
are developed with commercial and residential uses between one and six stories in height.
All proposed buildings are to have a consistent colar scheme matching the existing
building colors which are cream, and light and dark aqua. The window fenestration
pattern of the proposed buildings is to also be consistent with the existing. On the north
fa�ade of the garage facing Windward Passage there will be a living wall on the first
three floors of the fa�ade with the top portion of the wall curving across the entire face of
the garage. Faux windows are also proposed on the garage north fa�ade. The color
scheme, living wall and faux windows provide a design that mitigates the appearance and
function of the garage except at points of ingress and egress. There will also be a curved
truss system covering the elevated walkway between Buildings One and Two as well as
the dolphin pools building containing six pools which has curved not angular corners.
From base flood elevation to the midpoint of the arched cover for the walkway between
the buildings is 48 feet, the m�imum height proposed for the project.
The existing landscape buffer along the north property line is receiving additional
landscaping upgrading the buffering for the site to the residential development on the
north side of Windward Passage.
The proposal, including building design, removing off-site parking, appropriate landscape
buffers and appropriate buffers between buildings including a vehicular travel path for
emergency services along the south side of Buildings One and Two, will benefit the area;
and therefore will have no effect on the ability of surrounding properties to be
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redeveloped or otherwise be. Therefore, the proposal is consistent with this CDC
Section.
Compliance with General Applicability Standards:
The proposal supports the General Applicability requirements of this Code as follows:
Section 3-914.A.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; and,
Section 3-914.A.2. The proposed development will not hinder or discourage development and
use of adjacent land and buildings or significantly impair the value thereof,• and,
Section 3-914.A.3. The proposed development will not adversely affect the health or safety of
persons residing or working in the neighborhood; and,
Section 3-914.A.4. The proposed development is designed to minimize traffic congestion; and,
Section 3-914.A. S. The proposed development is consistent with the community character of the
immediate vicinity; and,
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.
The subject site is surrounded by a myriad of uses indicative of a intensely developed
commercial area including attached dwellings, offices, marina, automobile service station,
restaurant and retail plaza uses with heights ranging from one to six stories. The proposal will
likely have no effect, negative or otherwise, on the health or safety of persons residing or
working in the neighborhood. Naturally, the expansion will increase the amount of traffic in the
area. However, this expected increase in traffic has been mitigated by providing more than the
Code required parking on-site where currently when the on-site surface parking area is full,
parking occurs off-site and on-street. This, along with vehicular traffic exiting through the
property to the east, will have a beneficial effect on traffic congestion along Windward Passage.
The design of the proposed development minimizes adverse visual and acoustic impacts on
adjacent properties by locating the parking garage along the north property line with the
proposed buildings and dolphin tank to the south of the garage. This will mitigate any adverse
acoustic impact from the expansion. Due to the high-quality exterior fa�ade design of the parking
garage, there will be no adverse visual impacts. The north property line will receive landscaping
providing buffering of the site from the residential use to the north. The proposal will not impair
the value of adjacent properties nor prevent or discourage their redevelopment. Therefore, the
proposal supports this Code section.
SUMMARY AND RECOMMENDATION:
The Development Review Committee (DRC) reviewed the application and supporting materials
at its meeting of November O5, 2015 and deemed the development proposal to be legally
sufficient to move forward to the Community Development Board (CDB).
Community Development Board — January 19, 2016
FLD2015-10040 — Page 10
' C��..cu r1'�Lel Level II Flexibie Develo ment PLANNING&DEVELOPMENT
L,�.��.�M� p Application Review nHVELOrMENr xEV�w nrvisioN
Findings of Fact:
The Planning and Development Department, having reviewed all evidence submitted by the
applicant and requirements of the Community Development Code, finds that there is substantial
competent evidence to support the following findings of fact:
1. That the 4.53-acre subject property is located on the south side of Windward Passage
approximately 210 feet west of Island Way;
2. That the subject property is zoned Commercial (C) District with an underlying future land
use plan designation of Commercial General (CG);
3. That the property is developed with the Clearwater Marine Aquarium;
4. That the subject property is comprised of three parcels with approximately 416 feet of
frontage along Windward Passage;
5. That the previously approved 660 seat stadium will no longer be part of the site plan;
6. That the proposal is to construct two buildings, parking garage and dolphin pool;
7. That the building setbacks are 9.9 feet (front), 11.9 feet (rear), zero and 22.5 feet (side);
8. That the pavement setbacks are zero feet (front, sides and rear);
9. That the building will have a height of 48 feet from base flood elevation to midpoint of
arched roof;
10. That based upon discussions with the applicant and the City's Traffic Engineering staff, as
well as in reviewing comparable land uses in the ITE Manual, the off-street parking
requirement for the development proposal has been determined to be 376 parking spaces and
440 parking spaces are proposed; and
11. That there are no active Code Compliance cases for the subject property.
Conclusions of Law:
The Planning and Development Department, having made the above findings of fact, reaches the
following conclusions of law:
1. That the development proposal is consistent with CDC Section 1-103 (General Purpose);
2. That the development proposal is consistent with CDC Table 2-701.1 (Ma�cimum
Development Potential);
3. That the development proposal is consistent with CDC Table 2-704 (Flexible Development
Standards);
4. That the development proposal is consistent with CDC Section 2-704.F (Flexibility Criteria);
5. That the development proposal is consistent with CDC Section 3-914.A (General Standards
for Level Two Approvals);
6. That the development proposal is consistent with CDC Section 3-1203.G (Comprehensive
Landscape Program); and,
7. That the development proposal is consistent with applicable components of the City's
Comprehensive Plan.
The Planning and Development Department, having made the above findings of fact and
conclusions of law, recommends APPROVAL of application FLD2015-10040, subject to the
following conditions:
Community Development Board — January 19, 2016
FLD2015-10040 — Page 11
' C����l�l Level II Flexible Develo ment PL^xrrING & DEV�LOPMENT
_ p Application Review DEVELOPMENT REVIEW DIVISION
Conditions of Approval:
General/Miscellaneous Conditions
1. That any future signage meet the approved Comprehensive Sign Program CSP2013-05003 or
a CSP amendment application be submitted;
2. That the application for a building permit be submitted no later than January 19, 2018, unless
time extensions are granted pursuant to the CDC;
3. That all irrigation systems be connected to the City reclaimed water system where available
per Clearwater Code of Ordinances, Article IX, Reclaimed Water System, Section 32.376.
Reclaimed water lines axe available in the Windward Passage right-of-way;
Timin� Conditions — Prior to Building Permit
4. That the final design, color, and elevations of the proposed buildings be generally consistent
with the conceptual design, color, and elevations approved by the CDB;
5. That the site and building be designed to accommodate all accessibility requirements;
6. That habitable buildings must be constructed to meet all flood zone construction
requirements;
7. That no deliveries or bus staging will occur in the public right-of-way;
8. That the site plan be corrected to reflect Building One to be four levels;
9. That the location and visibility of electric equipment (electric panels, boxes and meters) be
reviewed and, if located exterior to the building where visible from any street frontage, be
shown to be painted the same color as the portion of the building to which such features are
attached;
10. That prior to the issuance of any building pertnit, all General Land Resource and Parks and
Recreation conditions are met;
11. That the existing Parking Easement granting an easement from the Clearwater Marine
Aquarium to the City for 24 off-street parking spaces on the subject property be released;
12. That a new Parking Easement granting an easement from the Clearwater Marine Aquarium to
the City for municipal slip off-street parking spaces on the subject property is recorded in the
Public Records;
13. That the site plan be updated to reflect the appropriate off-street parking spaces as "Reserved
for Municipal Slip Usage";
14. That the Fire Department may require the provision of a Water Study performed by a Fire
Protection Engineer in order to ensure that an adequate water supply is available and to
determine if any upgrades are required by the developer due to the impact of the project. The
water supply must be able to support the needs of any required fire sprinkler, standpipe
and/or fire pump. If a fire pump is required, then the water supply must be able to supply
150% of its rated capacity;
15. That proof of recording a unity of title for the three parcels (08-29-15-00000-130-0700, 08-
29-15-43380-003-0050 and 08-29-15-43380-003-0070) be submitted to the Planning and
Development Department;
16. That a copy of a recorded access agreement with the property to the east be submitted; and
Community Development Board — January 19, 2016
FLD2015-10040 — Page 12
' v\ iN ��Lel Level II Flexible Development Application Review PLANNING & DEVELOPMENT
DEVELOPMENT REVIEW DIVISION
Timing Conditions — Prior to Issuance of Certificate of Occupancy
17. That all utilities, including individual distribution lines serving this development within the
right-of-way along the north property line, must be installed underground unless
undergrounding is not practicable.
Prepared by Planning and Development Department Staff:
att Jackson, Senior Planner
ATTACHMENTS: Photographs, Resume
Community Development Board — January 19, 2016
FLD2015-10040 — Page 13
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249 Windward Passage
FLD2015-10040
Matthew Jackson
100 5outh Myrtle Avenue
Clearwater, Florida 33756
(72'7) 562-4504
matthew.iackson an,mvclearwater.com
PROFESSIONAL EXPERIENCE
❑ Senior Planner February 2013 to present
City of Clearwater, Clearwater, Florida
Duties include performing the technical review and preparation of staff reports for various land
development applications, the organization of data and its display in order to track information and
provide status reports, and making presentations to various City Boards and Committees.
❑ Planner II
City of Clearwater, Cleanvater, Florida May 2011 to February 2013
October 2008 to June 2010
Regulate growth and development of the City in accordance with land resource ordinances and
regulations related to community development. Landscape plan review including: conceptual, and
variance. Reviews and analyzes site plans and conducts field studies to determine the integrity of
development plans and their compatibility with surroundings. Interdepartmental and zoning
assistance. Respond as a City representative to citizens, City officials, and businesses concerning
ordinances and regulations. Make recommendations and presentations at staff level at various review
committees, boards, and meetings.
❑ Planner I
Calvin-Giordano and Associates, Fort Lauderdale, Florida May 2005 to December 2007
Project manager for various development applications such as plat, site plan, rezoning and variances.
In-depth government agency, in-house and client coordination to ensure that the projects maintained
submittal schedules stayed within budget constraints and attained approval. Schedule and lead
project kick-off ineetings, ensure municipal project conditions were resolved, produce supporting
documents and make site visits as well. Research and prepare due diligence reports including subject
matter such as zoning, land uses, densities, aeailable public utilities and land development costs.
Member of emergency mitigation committee formed to prepare and mitigate for natural or man-made
disasters affecting Calvin, Giordano and Associates and local municipalities.
❑ Manager
Church Street Entertainment, Orlando, Florida September 1999 to February 2004
Supervised and managed daytime and nighttime operations of a bar and nightclub entertainment
complex including 100+ staff. Conducted hiring and training operations including security and
inventory control. Managed and reconciled nightly gross revenues as well as preparing and
delivering deposits. Assisted in taking inventory and preparing weekly inventory orders, marketing
and special events.
❑ Linguist
USArmy, Fort Campbell, KY October 1991 to October 1995
Maintain fluency in the Arabic language and knowledge of customs and culture as well as military
readiness for possible deployments or training operations. Co-managed intelligence gathering
operation in Haiti including coordination between multiple Special Forces units and civilian
authorities. Interpreter between U.S. and Egyptian soldiers during training exercises. Liaison
between Special Forces battalions to coordinate certification training.
EDUCATION
❑ Master of Arts, Urban and Regional Planning, Florida Atlantic University, 2007
❑ Bachelor of Arts, Urban and Regional Planning, Rollins College, 2004