06-04-26City Council on 2026-06-04 6:00 PM
Meeting Time: 06-04-26 18:00
eComments Report
Meetings Meeting Agenda Comments Support Oppose Neutral
Time Items
City Council on 2026-06-04 6:00 PM 06-04-26 40 2 0 2 0'
18:00
Sentiments for All Meetings
The following graphs display sentiments for comments that have location data. Only locations of users who have commented
will be shown.
Overall Sentiment
MEM Support (0%) 11111.1111 Oppose (100%) MIN Neutral (0%)
MINI No Response (0%)
City Council on 2026-06-04 6:00 PM
06-04-26 18:00
Agenda Name
Comments Support Oppose Neutral
6.4 9907-26 Approve the Right -of -Way Vacation request from the Church 1 0 1 0
of Scientology Flag Service Organization for the city right-of-way more
particularly described as the southern portion of Garden Avenue abutting
Lots 6-11 together with that portion abutting the vacated 15 foot alley lying
between Lots 10 and 11 of Court Square Subdivision as recorded in Plat
Book 5, Page 53 of the Public Records of Pinellas County, Florida, and
pass Ordinance 9907-26 on first reading.
6.5 26-09b Approve a Development Agreement between MHG Palm 1 0 1 0
Pavilion Hotel, LP, Sixth Flag Planted LLC and the City of Clearwater for
property located at 10 Bay Esplanade and 18 Bay Esplanade; adopt
Resolution 26-09, and authorize the appropriate officials to execute same.
(HDA2026-03001)
Sentiments for All Agenda Items
The following graphs display sentiments for comments that have location data. Only locations of users who have commented
will be shown.
Overall Sentiment
Support (0%) I♦ Oppose (100%) MIMI Neutral (0%)
MOM No Response (0%)
Agenda Item: eComments for 6.4 9907-26 Approve the Right -of -Way Vacation request from the Church of Scientology Flag
Service Organization for the city right-of-way more particularly described as the southern portion of Garden Avenue abutting
Lots 6-11 together with that portion abutting the vacated 15 foot alley lying between Lots 10 and 11 of Court Square
Subdivision as recorded in Plat Book 5, Page 53 of the Public Records of Pinellas County, Florida, and pass Ordinance 9907-26
on first reading.
Overall Sentiment
NM Support (0%) NMI Oppose (100%) Neutral (0%)
MMII No Response (0%)
Vicki Lipsey
Location:
Submitted At: 1:33pm 06-03-26
I oppose vacating that portion of S Garden Ave because of the following:
1) most importantly, the street is in use by the public, including police and emergency vehicles
2) the street has been continuously maintained by the City using taxpayer funds
3) the street provides potential important egress from Court St.
4) that portion of S Garden Ave is currently the subject of a lawsuit filed by the ACLU and any vacation request
should be put on hold rather than potentially wasting taxpayer money undoing a vacation should the suit be
successful
Agenda Item: eComments for 6.5 26-09b Approve a Development Agreement between MHG Palm Pavilion Hotel, LP, Sixth Flag
Planted LLC and the City of Clearwater for property located at 10 Bay Esplanade and 18 Bay Esplanade; adopt Resolution 26-
09, and authorize the appropriate officials to execute same. (HDA2026-03001)
Overall Sentiment
Support (0%) MI= Oppose (100%) MIMI Neutral (0%)
MIMI No Response (0%)
o
Dennis McDermott
Location:
Submitted At: 4:49pm 06-03-26
The analysis of this proposal by City Planning appears to be deficient.
Beach by Design, a plan approved and adopted in 2001 based on data gathered in the late 1990's, includes a
robust discussion of Mobility issues related to the Beach.
Among other things, Beach by Design points out,
"...the primary mode of transportation on Clearwater Beach is the private automobile. Between 35,000 and
55,000 vehicles pass through the Beach Roundabout on a daily basis... a reflection of the lack of facilities to
accommodate alternative modes of transportation like sidewalks and bicycle paths. The "Jolly Trolley" is,
theoretically, an alternative mode of transportation; unfortunately, the Trolley is stuck in the same traffic as all of
the other vehicles on Clearwater Beach."
Beach by Design also informs us that it is a holistic plan, tied into the assumption that, "... the City of Clearwater
will... ration automobile access to Clearwater Beach, at least during periods of peak demand. Beach by Design
projects that the City will implement road network improvements, alternative modes of transportation and access
rationing..." (using a variety of suggested methodologies).
Until the City has completed its obligations under Beach by Design to appropriately address and solve the
existing transportation/mobility morass related to the beach — including traffic issues on the mainland related to
beach visits — I believe the City has no choice but to enact a development moratorium on the Beach and to
immediately halt any further issuance or extension of "Hotel Density Reserve" units.
Please reject Pending Resolution 26-09, and enact an immediate moratorium on any further development on
Clearwater Beach until a comprehensive and viable transportation/mobility plan has been completed and
approved as contemplated in Beach by Design.
Call, Rosemarie
From: Johnny Wheat <jwheat@go4b.com>
Sent: Wednesday, June 3, 2026 4:47 PM
To: ClearwaterCouncil
Subject: FW: Public Comment — Palm Pavilion Redevelopment Proposal
Attachments: Palm Pavillion Inn Redevelopment proposal.pdf; Prior Planning Approval Reference.pdf
CAUTION: This email originated from outside of the City of Clearwater. Do not click links or open attachments unless you
recognize the sender and know the content is safe.;
1
This message needs your attention
• This is their first email to you.
Mark Safe Report
+
ii
dl;
ac �
Powered by Mimecast1;
I was just informed that this is the official email address for sending public comments to become part of the public
record. I apologize if this is duplication.
Johnny
From: Johnny Wheat
Sent: Wednesday, June 3, 2026 11:11 AM
To: Bruce.Rector@MyClearwater.com; Ryan.Cotton@MyClearwater.com; Michael.Mannino@MyClearwater.com;
David.Allbritton@MyClearwater.com; Lina.Teixeira@MyClearwater.com; Rosemarie.Call@MyClearwater.com
Subject: Public Comment — Palm Pavilion Redevelopment Proposal
Dear Mayor and Councilmembers,
Please find attached my letter regarding the proposed hotel redevelopment project on North Clearwater
Beach.
(File # 26-09b - Development Agreement Hotel Density Reserve HDA2026-03001)
My wife and I are residents of Pura Vida Condominiums, and I respectfully ask that this correspondence
be included in the official public record for the upcoming hearing on Thursday June 4th and considered as
part of the Council's review of this application.
I have also attached a copy of the prior planning record referenced in the letter for convenience.
Thank you for your time, consideration, and service to the Clearwater community.
Respectfully,
5
Jonathan Wheat
Resident, Pura Vida Condominiums
North Clearwater Beach
6
CaII, Rosemarie
From: MARIANO LEGAZ <mariano.legaz@gmail.com>
Sent: Wednesday, June 3, 2026 5:49 PM
To: ClearwaterCouncil
Subject: Letter from Pura Vida Condo Association - Draft pending Board approval
Attachments: Pura Vida Board Letter to the City regarding the Palm Pavillion Inn redevelopment
proposal.docx
CAUTION: This email originated from outside of the City of Clearwater. Do not click links or open attachments unless you'
recognize the sender and know the content is safe.
This message needs your attention
• This is their first email to your company.
Mark Safe Report
Dear Members of the City Council,
ji
i'
{i
�i
,i,
Powered by Mimecast` ;
Please find attached a formal letter from the Board of Directors on behalf of Pura Vida, located at 15
Avalon St, Clearwater Beach, Florida, 33767.
We are writing to formally share our community's concerns and recommendations regarding the
Palm Pavilion Inn redevelopment proposal. As active constituents and property owners, we request
that this correspondence be officially reviewed and entered into the public record for the upcoming
council meeting on June 4th, 2026.
Thank you for your time, leadership, and dedication to our community. We look forward to your
response.
Sincerely,
Mariano J. Legaz
11
CaII, Rosemarie
From: ryan.zaborske@gmail.com
Sent: Thursday, June 4, 2026 12:07 AM
To: Rector, Bruce; Cotton, Ryan; Mannino, Michael; Allbritton, David; Teixeira, Lina; Call,
Rosemarie; citycouncil@myclearwater.com
Cc: 'Melissa Ellingworth'; 'BOD Pura Vida'; City Clerk Department
Subject: ** Public Comment & Supplemental Materials for the Record - Item 8.5, Development
Agreement HDA2026-03001 - Palm Pavilion Hotel (June 4, 2026 Public Hearing)
Attachments: PALM_P Oral argument.pdf; Palm_Pavilion_Impact_Assessment.pdfi
Palm_Pavilion_Hotel_Opposition_Slides.pdf
CAUTION: This email originated from outside of the City of Clearwater. Do not click Links or r open attachments unless you'
recognize the sender and know the content is safe.
Dear Mayor Rector and Councilmembers Cotton, Mannino, Allbritton, and Teixeira,
Please find attached my written public comment and supplemental materials regarding the proposed Palm
Pavilion Hotel redevelopment project on North Clearwater Beach.
(File No. 26-09b — Development Agreement, Hotel Density Reserve — HDA2026-03001) (10 & 18 Bay Esplanade,
Clearwater Beach —Agenda Item 8.5)
My name is Ryan Zaborske, and my wife and I are residents of Pura Vida Condominiums at 15 Avalon Street,
directly neighboring the proposed project site. I respectfully request that this correspondence and all attached
materials be included in the official public record for the public hearing scheduled for Thursday, June 4, 2026, and
that they be considered as part of the Council's full review of this application.
The attached documents include:
1. Property Impact Assessment — A review of the project's anticipated effects on neighboring residential
properties, including view, noise, traffic, and property value impacts.
2. Written Public Comment — My prepared remarks opposing the project in its current form, with specific
requests for conditions the Council should consider if approval is pursued, including height reduction,
residential -side setbacks, upper -floor step -backs, and a reassessment of the Hotel Density Reserve.
3. Supplemental Presentation —A slide deck summarizing the hotel development trend on Clearwater
Beach versus residential development over the past six years, council member context, stakeholder
impact analysis, and a direct response to anticipated developer arguments.
My central concern is not growth itself, but balance. Since 2019, Clearwater Beach has added over 780 new hotel
rooms while adding fewer than 120 residential units. This project would claim 91 of the last remaining units in the
Beach by Design Hotel Density Reserve, leaving only 19 units after approval. I believe this milestone warrants a
deliberate pause to ask whether the current trajectory serves the long-term interests of the residents who call this
beach home, not only those who visit.
I intend to speak during the public comment period on Thursday and respectfully askforthe Council's full
consideration of these materials in advance.
Thank you for your time, your service, and your continued stewardship of Clearwater Beach.
1
Respectfully,
Ryan Zaborske
Pura Vida Condominiums, Unit 803, 15 Avalon Street, Clearwater Beach, FL ryan.zaborske@gmail.com
2
PERSONAL IMPACT ASSESSMENT 1 CONFIDENTIAL
PROPERTY IMPACT ASSESSMENT
Proposed Palm Pavilion Hotel — 10 & 18 Bay Esplanade, Clearwater Beach
Prepared for: Pura Vida Condominiums, 8th Floor Owner 1 June 2026
1. THE PROPOSED PROJECT
Developer: MHG Palm Pavilion Hotel LP & Sixth Flag Planted LLC I Location: 10 & 18 Bay Esplanade, Clearwater Beach
(North Beach)
Floor(s) Use
Floors 6-9
Floor 5
Floors 1-4
144 guest rooms
Amenity deck / pool
Parking garage — 173 spaces (back -of -house, mechanical, trash & laundry)
Total height: 75 feet (9 stories). Beach by Design permits up to 100 ft. Approval: City Council vote required to approve
Development Agreement. Public hearing: Thursday, June 4, 2026.
Timeline if approved: Site plan within 1 year -4 vertical construction within 4 years -4 CO within 6 years of site plan
approval.
2. WHAT THE PRIOR PLANNING RECORD REVEALS
The most important context for this project is what the City of Clearwater approved — and explicitly did not approve — in
August 2024.
The 2024 Approval Was Not an Endorsement of Redevelopment
In August 2024, the city approved Case FLD2024-02007 — a "termination of status of nonconformity" for the east parcel at
18 Bay Esplanade. The planning staff report explicitly stated: "No redevelopment is being proposed at this time." The
approval was granted solely to recognize the existing 30 -room inn as a legal nonconformity on a constrained historic site —
not to authorize future intensification.
The developer has now used that administrative approval as a springboard for a 144 -room, 9 -story hotel — a use never
contemplated in the 2024 record. This distinction is critical: the city's prior approval did not signal acceptance of large-scale
redevelopment.
The Density Escalation Is Extreme — Even by the City's Own Standards
Scenario
Units
Notes
Base zoning allows
2024 city approval (FLD2024-
02007)
14 units
30 units
Resort Facilities High @ 50 units/acre x 0.299
ac = 14 units
Recognized existing nonconformity —
explicitly not a redevelopment approval
Pura Vida Condos, 8th Floor 1 Clearwater Beach, FL 1 June 2026 1 Page 1
PERSONAL IMPACT ASSESSMENT 1 CONFIDENTIAL
Currently proposed 144 units
Requires 91 additional units from Hotel
Density Reserve; 10x the zoning baseline
Old Florida District Incompatibility
The property is located within Beach by Design's Old Florida District — a sub -area with specific guidelines emphasizing
lower -scale, historic coastal character. The district was designed to preserve the architectural scale and atmosphere that
distinguishes North Beach from the high-rise resort corridor to the south. A 9 -story, 144 -room hotel may be fundamentally
incompatible with the intent and planning principles of that district.
3. CRITICAL QUESTIONS NOT YET ANSWERED
As documented in resident letters submitted to the Council, the following analyses have not been presented in the public
record and should be required before any approval:
Study Missing Why It Matters
View & shadow
analysis
Utility capacity
analysis
Peak -condition traffic
study
Flood zone &
emergency access
Public benefit
justification
Has a visual impact or view corridor study been completed for neighboring
residences? Has a shadow study been done — particularly regarding impacts on
adjacent units and mature trees on the site?
Has water pressure, sewer capacity, stormwater management, and fire suppression
infrastructure been evaluated for a nearly 5x increase in hotel occupancy, including
peak tourism periods?
The submitted traffic study reflects average daily conditions. Has an analysis been
done for peak tourism scenarios, including rideshare drop-offs, service deliveries,
and pedestrian circulation?
The site is in the AE Flood Zone. Has a resiliency analysis been completed? Can
North Beach's road network support 144 -room hotel traffic load during a hurricane
evacuation order?
What specific public benefits justify granting 91 of the last remaining Hotel Density
Reserve units to a single private developer on a 0.299 -acre site?
4. DIRECT IMPACT ANALYSIS: PURA VIDA 8TH FLOOR
Likely Negative Factors
Factor Assessment
View Obstruction
At 75 ft / 9 stories, the hotel rises to roughly the same elevation as an 8th -floor unit.
Depending on your unit's orientation toward Bay Esplanade, east- or north -facing
views may be significantly blocked. No view corridor analysis has been conducted.
A building of this height and mass directly adjacent to a residential property will
Shadow Impact create significant shadow impacts — particularly in morning and early afternoon
hours. No shadow study has been presented.
Noise
Hotel operations generate sustained noise: 144 rooms of guest traffic, daily service
deliveries, trash pickup, HVAC rooftop equipment, and an active amenity deck on
Floor 5. A near -fivefold increase over the prior 30 -room inn.
Pura Vida Condos, 8th Floor 1 Clearwater Beach, FL 1 June 2026 1 Page 2
PERSONAL IMPACT ASSESSMENT 1 CONFIDENTIAL
Light Pollution
Construction
Disruption
Traffic & Access
Flood Zone Risk
An amenity deck and four floors of guest rooms will introduce sustained nighttime
lighting — especially from the pool and outdoor areas — directly facing neighboring
residential windows.
Vertical construction could begin as early as 2027-2028 and last 2-3 years. Expect
noise, crane activity, heavy truck traffic on adjacent residential streets, and reduced
desirability during that period.
The hotel will generate hundreds of additional vehicle trips daily. North Beach roads
are already congested at peak times. No peak -condition traffic analysis has been
presented to the Council.
The site is in the AE Flood Zone. A 144 -room hotel adds significant population density
to a hurricane evacuation zone with limited road access. Emergency access
implications have not been analyzed.
Neutral / Mixed Factors
Factor Assessment
This project claims 91 units from the Hotel Density Reserve, leaving only -19 units
Reserve Depletion remaining. This effectively limits future large-scale hotel development nearby —
though it also signals that the reserve's purpose has been exhausted.
Self -Contained The 173 -space garage meets code requirements. On -street parking spillover from
Parking hotel guests is unlikely to be a major issue.
Restaurant Crabby's Beachside Pavilion (formerly the Palm Pavilion restaurant) is preserved on
Preservation the west parcel. It was already sold, renovated, and reopened successfully in early
2026 — independently of this hotel project.
5. THE FISCAL ARGUMENT: HOTEL REVENUE IS NOT MATERIALLY BETTER THAN RESIDENTIAL
A common argument made in favor of hotel projects is that they generate more tax revenue for the city than residential
development. This claim deserves scrutiny — particularly on a constrained, premium beachfront site like this one.
Property Tax: Comparable Between Uses
A 144 -room, 9 -story hotel on a $23M land purchase will generate substantial property tax revenue. However, a comparable
residential development — say, 30-50 luxury beachfront condominiums on the same footprint — would likely be assessed
at similar or higher per-unit valuations, given that Clearwater Beach luxury condos regularly trade at $800K -$2M+ per unit.
The tax base difference between a high-end hotel and high-end residential on this site is likely negligible.
Where Bed Tax Revenue Actually Goes
The developer's 'tax revenue' argument relies heavily on bed tax (tourist development tax) as a benefit to
the city. The reality:
• Pinellas County bed tax is collected at the county level and allocated primarily to tourism marketing,
beach maintenance, and capital projects — not to the City of Clearwater's general fund.
• The city's direct fiscal benefit from hotel operations is largely limited to property tax — which, as
noted above, is comparable to what a residential development would produce.
• A residential development also produces year-round, stable property tax revenue with no seasonality
Pura Vida Condos, 8th Floor 1 Clearwater Beach, FL 1 June 2026 1 Page 3
PERSONAL IMPACT ASSESSMENT 1 CONFIDENTIAL
— unlike hotel revenue, which fluctuates significantly with tourism cycles, economic downturns, and
weather events.
Service Costs Offset Hotel Revenue
Hotels generate higher demands on city services than residential developments of comparable size: more public safety
calls, more beach cleanup and maintenance, more traffic enforcement, and greater strain on utilities. Residential owners —
particularly at the price point that Clearwater Beach commands — contribute to the tax base while generating lower per -
capita service demands.
Sales Tax: Indirect and Diffuse
Hotel proponents often cite indirect economic activity (visitor spending at restaurants, retail, charters) as a city benefit. This
spending generates state sales tax, only a fraction of which flows back to the municipality. Permanent residents also
generate local spending — and they do so year-round, supporting local businesses during the off-season when tourism
drops and the hotel's economic contribution is lowest.
FISCAL BOTTOM LINE: The net fiscal benefit of this hotel to the City of Clearwater — after accounting for
service costs, the county -level destination of bed taxes, and the comparable property tax yield from a
residential alternative — is not materially greater than what a high-end residential development would
produce. The economic argument for approval does not withstand scrutiny on fiscal grounds alone.
6. BOTTOM LINE & PROPERTY VALUE ASSESSMENT
The most material risk to your unit's value is view obstruction — particularly if your unit faces east (bay -side)
or north toward Bay Esplanade. At 75 feet, the hotel rises to approximately your floor level. A unit with an
unobstructed bay or northern view that is now partially or fully blocked could see a 5-15% reduction in
resale value based on comparable beachfront condo research, with the most acute impact during
construction and shortly after opening.
If your unit faces west toward the Gulf, impact is likely minimal, and the area -wide investment signal may
modestly support values over the longer term.
Additional Risk Factors Identified in Uploaded Documents
• The site is in the AE Flood Zone — adding hotel density increases evacuation risk for the entire North Beach corridor.
• No shadow, view corridor, or utility impact studies have been conducted. These gaps represent unresolved risk to
neighboring property owners.
• The Old Florida District character of North Beach is a key component of what makes this area desirable — and
therefore what supports property values. Erosion of that character through oversized hotel development is a long-
term value risk beyond just your specific unit.
• The Pura Vida Condominium Association Board has formally submitted written opposition, citing scale, density, flood -
zone concerns, and incompatibility with the Old Florida District.
• A prior resident letter (Wheat, Pura Vida) formally requests view/shadow/utility studies before approval —
establishing a documented public record of unresolved concerns.
Pura Vida Condos, 8th Floor 1 Clearwater Beach, FL 1 June 2026 1 Page 4
PERSONAL IMPACT ASSESSMENT 1 CONFIDENTIAL
Recommended Next Steps
• Review the site plan: Pull the conceptual site plan from Item 8.5's agenda attachments to confirm the hotel's exact
footprint relative to your unit's sightlines.
• Attend Thursday's hearing: Submit written comment or speak during public comment. Frame your concern around
the missing studies and the 2024 planning record — not just personal impact.
• Reference the prior planning approval: Cite Case FLD2O24-02007 and the explicit statement that 'no redevelopment
is being proposed.' This is the strongest procedural argument in the record.
• Consult a local appraiser: Request a unit -specific valuation opinion from a Clearwater Beach appraiser familiar with
beachfront condo comparables, ideally before and after the approval decision.
• Coordinate with the Pura Vida Board: The Board has already submitted formal opposition. Align your individual
comment with the Board's documented concerns for maximum impact.
Sources: Tampa Bay Times / Beacon Media (June 2026); City of Clearwater planning staff report (Item 8.5 & Case FLD2024-02007, August 2024); Beach by
Design / Old Florida District guidelines; Jonathan Wheat resident letter to Council (June 2026); Pura Vida Condominium Association Board letter (June
2026); Pura Vida owner research.
Pura Vida Condos, 8th Floor 1 Clearwater Beach, FL 1 June 2026 1 Page 5
Proposed Palm Pavilion Hotel
A Community Perspective
City Council Public Hearing 1 Clearwater Beach, FL 1 June 2026
Presented by Pura Vida Residents & Neighbors
Item 8.5 — Development Agreement for 144 -Room, 9 -Story Hotel at 10 & 18 Bay Esplanade
The Proposal at a Glance
Floors 6-9
144 Guest Rooms
Floor 5
Amenity Deck / Pool
Floors 1-4
Parking Garage (173 spaces)
9Stories/75ft
Location:
Developer:
Rooms:
Height:
Replaces:
Preserved:
Approval type:
Timeline:
10 & 18 Bay Esplanade, Clearwater Beach (North Beach)
MHG Palm Pavilion Hotel / Sixth Flag Planted
144 rooms — requiring 91 units from Hotel Density Reserve
75 feet (Beach by Design max: 100 ft)
Historic 30 -room Palm Pavilion Inn (demolished)
Crabby's Beachside Pavilion restaurant (west parcel)
Development Agreement — requires City Council vote
Site plan: 1 yr 1 Vertical construction: 4 yrs 1 CO: 6 yrs
Hotel Boom vs. Housing Drought: Clearwater Beach 2019-
2026
300 -
250 -
200 -
150 -
100 -
50 -
0
198
•
New Hotel Rooms by Project
248
144
150
CO°�. •.0C‘
��.
140
• o
88
~780
new hotel rooms added
(Clearwater Beach, 2019-2026)
~120
new residential units
(mostly luxury condos)
6.5:1 ratio — hotels outpacing
homes by 6.5x on Clearwater Beach
The Hotel Density Reserve is Almost Gone
Beach by Design created the Hotel Density Reserve 20+ years ago to modernize aging motels.
That mission is now complete — and the reserve is nearly depleted.
281 units USED
19
left
9 1
Units requested
by this project alone
19
Units remaining
after approval
0
Units reserved
for future housing
The Prior Planning Record — What the City Already
Approved
Density on 18 Bay Esplanade (0.299 acres)
14 units
Zoning allows
30 units
2024 approved (FLD2024-02007)
Now proposed
144 units
The 2024 Approval Was Never About Redevelopment
In August 2024, the city approved Case FLD2024-02007 — a "termination of
nonconforming status" for the 30 -room inn. The staff report explicitly stated: "No
redevelopment is being proposed at this time." That approval was granted to
preserve a constrained historic site. The developer has now used it as a
springboard for a 144 -room, 9 -story hotel — a use never contemplated by the
2024 record.
Old Florida District: Wrong Place for a 9 -Story Hotel
This property sits within Beach by Design's Old Florida District — a sub -area with
specific guidelines emphasizing lower -scale, historic coastal character. The district
was designed to protect the 'Old Florida' feel that distinguishes North Beach from
the high-rise resort zone to the south. A 9 -story, 144 -room hotel is fundamentally
incompatible with that vision and may not meet the intent of the district's
planning principles.
Critical Questions Not Yet Answered From the Public
Record
View & Shadow Studies
Has a visual impact or view corridor analysis been
performed for neighboring residential properties?
Has a shadow study been completed — particularly
regarding impacts on adjacent residences and mature
trees?
Flood Zone & Emergency Access
The site is in AE Flood Zone. Has a flood resiliency and
emergency evacuation analysis been completed? Can
North Beach roads support 144 -room hotel traffic during
a hurricane evacuation?
Utility Capacity
Has a utility capacity analysis been performed covering
water pressure, sewer capacity, stormwater
management, and fire suppression infrastructure during
peak tourism periods and storm events?
Public Benefit Justification
What specific public benefits justify granting 91
additional hotel units from the Density Reserve? What is
the community receiving in exchange for this significant
density allocation?
Peak -Condition Traffic
Has a traffic analysis been completed for peak tourism
conditions, including rideshare drop-offs, service
deliveries, and pedestrian circulation — not just average
daily traffic?
Precedent for North Beach
This decision may set the template for future large-scale
redevelopment across North Clearwater Beach. Has the
Council considered the precedent being established?
ilk OFFICIAL BOARD OPPOSITION:
The Pura Vida Condominium Association Board of Directors has formally submitted written opposition citing scale, density,
cumulative impacts, flood -zone resiliency, and incompatibility with the Old Florida District. The Board calls for a substantially
reduced -scale alternative.
Who Bears the Cost? Stakeholder Impact Analysis
Residents & Condo Owners
✓ Indirect area prestige (marginal)
X View loss, property value risk, noise, light, traffic,
privacy — no compensation
Local Small Businesses
✓ More visitor foot traffic
X Hotel keeps guests on -premises; corporate
amenities compete with independents
Tourism Industry
✓ Modern resort capacity; higher ADR; bed -tax
revenue
X Potential off-peak oversupply; resort saturation;
staff housing crisis
Workforce & Renters
✓ –150 permanent hotel jobs created
X No affordable housing added; workers can't afford
to live here; worsens commute
City of Clearwater
✓ Higher tax base; tourism revenue; Beach by
Design vision advanced
X Infrastructure strain; no new housing stock; long-
term community erosion
Anticipating the Developer — Claims vs. Reality
Developer Claim
"It meets Beach by Design — staff supports it."
"We're bringing jobs and tax revenue."
"We're saving the historic Palm Pavilion restaurant."
"Our traffic study shows no significant impact."
"The 2024 planning approval supports this project."
The Reality
Compliance s obligation. Council has discretion on the reserve. The Old Florida
District guidelines favor lower -scale development. With only 19 units left, now is
the time to recalibrate.
Mostly low-wage hospitality jobs. Workers can't afford to live here — they
commute, worsening traffic. A condo development would generate comparable
property tax with permanent residents.
Crabby's was already sold, renovated, and reopened successfully in 2026 —
independently of this hotel. Its survival does not offset the hotel's neighborhood
impacts.
The study reflects average conditions, not peak tourism gridlock. No rideshare,
delivery, or pedestrian circulation analysis for peak conditions has been presented.
Council members acknowledged cumulative strain.
The 2024 approval (FLD2024-02007) explicitly stated 'no redevelopment is being
proposed.' It recognized existing nonconforming density — it was never intended
to authorize a 144 -room, 9 -story hotel.
Could This Be Done Differently? Scope Reduction Options
If outright rejection is not on the table, the Council can — and should — impose meaningful conditions.
Reduce Building Height
Fewer Floors = Less Impact
The hotel's 4 parking floors + 5 hotel floors = 9 stories. Could 3 parking levels serve the
same need? Removing just 1 story brings the building below the 8th floor eyeline of
neighboring residences. Fewer floors = fewer rooms = less traffic, less noise, and less view
obstruction.
Developer pushback: "Economics don't pencil." Counter: They paid $23M knowing the
current rules. A smaller hotel is still a profitable hotel.
Upper -Floor Step -Backs
Reduce Visual Bulk on High Floors
Require the 7th -9th floors to step back from the building edge by 10-15 ft. This reduces
the 'wall' effect from a neighbor's perspective, allows more skylight, and improves
architectural character — consistent with Old Florida District principles.
This is a standard design requirement in many coastal cities and doesn't require
redesigning from scratch — just terracing the upper stories.
Require Meaningful Setbacks
Buffer the East Residential Side
Currently, no perimeter buffer is required in the Tourist District. The Council can condition
approval on a minimum setback from the east property line (adjacent to Pura Vida) —
preserving a view corridor and reducing shadow and privacy impacts.
Even a 15-20 ft setback on the residential side would be a meaningful concession that
costs the developer little in room count but matters enormously to neighbors.
Mixed -Use Alternative
Hotels AND Homes
What if the upper floors included residential condos rather than all hotel rooms? A mixed-
use approach — hotel on floors 1-6, condos on 7-9 — would reduce transient density, add
permanent residents, and still deliver economic value.
This is the model emerging in cities that recognize over -reliance on tourism erodes year-
round community vitality. Clearwater Beach should consider it.
Our Ask to the Council
1
2
Vote NO on the current proposal
The project as designed is too large, too tall, and too impactful for its residential neighbors and the Old Florida District. With only 19 reserve units left, this is
the wrong time for a maximalist hotel.
If approving, mandate a height reduction
Cap the hotel at 6-7 stories. Explore whether 3 parking floors can replace 4. Reducing height is the single most impactful condition for neighboring
residents.
Require east -side setbacks, step -backs, and missing studies
Impose a 15 -ft setback from the residential property line, upper -floor step -backs, and require view/shadow/utility/traffic studies before any approval —
questions the record currently cannot answer.
Pause and reassess the hotel density reserve
With the reserve nearly exhausted and the Old Florida District's character at stake, ask staff to review Beach by Design's vision for North Beach before
committing the last available units.
Clearwater Beach Deserves
Both:
Tourism AND Community
We welcome thoughtful development. We oppose a maximalist hotel that treats our
home as an afterthought.
Please vote to protect the residents who live here year-round.
"The measure of a great city is how it treats those who call it home — not just those who visit."
Cali, Rosemarie
From: ryan.zaborske@gmail.com
Sent: Thursday, June 4, 2026 12:23 AM
To: Rector, Bruce; Cotton, Ryan; Mannino, Michael; Allbritton, David; Teixeira, Lina; Call,
Rosemarie; citycouncil@myclearwater.com
Cc: City Clerk Department; cityattorney@myclearwater.com
Subject: Formal Objection - Failure to Provide Required Statutory Notice to Affected Property
Owners l Item 8.5 - Development Agreement HDA2026-03001 1 Palm Pavilion Hotel, 10
& 18 Bay Esplanade
CAUTION: This email originated from outside of the City of Clearwater. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
i
This message needs your attention
• No employee in your company has ever replied to this person.
Mark Safe Report
ti;
Powered by Mimecast; f
Dear Mayor Rector and Councilmembers Cotton, Mannino, Allbritton, and Teixeira,
I am writing as a resident and property owner at Pura Vida Condominiums, 15 Avalon Street, Clearwater Beach — a
property directly adjacent to the proposed Palm Pavilion Hotel redevelopment at 10 and 18 Bay Esplanade
(Agenda Item 8.5, Development Agreement HDA2026-03001).
I am raising a formal procedural objection prior to Thursday's scheduled public hearing and respectfully
requesting that the Council defer any vote on this Development Agreement until the issue described below is
confirmed and, if necessary, remedied.
The Issue: Apparent Failure to Provide Required Statutory Notice
Florida Statute §163.3225 governs the public hearing requirements for all development agreements and states,
unambiguously:
"Notice of intent to consider a development agreement shall also be mailed to all affected property owners before
the first public hearing."
I, along with my neighbors at Pura Vida Condominiums, have received no such mailed notice at any point during
this process — not before the May 18, 2026 work session, and not before the public hearing now scheduled for
June 4, 2026.
Pura Vida Condominiums is located at 15 Avalon Street, directly neighboring the subject parcels. Our building is,
to the best of my knowledge, well within the notification radius established by Clearwater Community
Development Code Section 4-206, which governs the notice and public hearing procedures for development
agreements and has been consistently cited as the applicable notice standard in prior Hotel Density Reserve
cases before this Council.
If the May 18, 2026 work session constituted or served as the first public hearing for purposes of §163.3225, then
the required mailed notice to affected property owners — including Pura Vida — should have been provided before
that date. To my knowledge, it was not.
If Thursday's hearing is in fact the first public hearing under the statute, then proper mailed notice was required to
be sent to all affected property owners before that hearing. Again, no such notice was received at our property.
1
In either case, the statutory requirement appears not to have been met with respect to our building and, I believe,
other neighboring residential properties.
Why This Matters
The notice requirement in §163.3225 is not a procedural formality — it is a substantive due process protection for
property owners whose interests are directly affected by a development agreement. Its purpose is precisely to
ensure that residents like those at Pura Vida have adequate time and opportunity to review the proposal, consult
with counsel, organize their response, and participate meaningfully in the public process.
A development agreement entered without proper statutory notice may be subject to legal challenge. More
importantly, proceeding to a final vote before confirming notice compliance would deny the affected residential
community the due process protections Florida law specifically provides for circumstances like this one.
Our Request
We respectfully request that the Council:
1. Confirm on the record at Thursday's hearing whether proper mailed notice was provided to all affected
property owners — including Pura Vida Condominiums at 15 Avalon Street — prior to the first public
hearing, as required by Florida Statute §163.3225 and CDC Section 4-206.
2. Defer the vote on Development Agreement HDA2026-03001 if it cannot be confirmed that all required
notices were properly issued and received within the required timeframe.
3. Direct staff to verify the notice list and provide documentation of which properties were notified, on what
date, and by what method.
We are not making this request to obstruct the development process. We are making it because the law exists to
ensure that permanent residents —the people who live on this beach year-round and whose property values,
quality of life, and neighborhood character are most directly affected — have a meaningful seat at the table. That
opportunity appears to have been denied to us through the lack of proper notice.
A proposed nine -story, 144 -room hotel that will rise directly adjacent to our residences, drawing 91 of the last
remaining units from the Hotel Density Reserve, is precisely the kind of significant development action for which
the Florida Legislature created mandatory notice requirements. We ask only that those requirements be honored.
I am happy to provide any additional information and am available to speak at Thursday's hearing. I also intend to
raise this matter formally during public comment.
Thank you for your attention to this issue and for your continued service to the Clearwater community.
Respectfully,
Ryan Zaborske Pura Vida Condominiums, Unit 803, 8th Floor 15 Avalon Street, Clearwater Beach, FL
ryan.zaborske(gmail.com 813.335.4138
Legal reference: Florida Statute §163.3225 (Public hearings — Development Agreements); Clearwater Community
Development Code Section 4-206 (Notice and public hearing requirements); Clearwater CDC Section 4-606.1
(Development Agreement amendments — notice requirements).
2
CaII, Rosemarie
From: Johnny Wheat <jwheat@go4b.com>
Sent: Wednesday, June 3, 2026 12:26 PM
To: Call, Rosemarie
Subject: FW: Public Comment — Palm Pavilion Redevelopment Proposal
Attachments: Palm Pavillion Inn Redevelopment proposal.pdf; Prior Planning Approval Reference.pdf
CAUTION: This email originated from outside of the City of Clearwater. Do not click links or open attachments unless you
'recognize the sender and know the content is safe.
1
This message needs your attention
• No employee in your company has ever replied to this person.
Mark Safe Report
Powered by Mimecast
Rosemarie, please confirm good receipt.
Thanks.
Johnny
From: Johnny Wheat
Sent: Wednesday, June 3, 2026 11:11 AM
To: 'Bruce.Rector@MyClearwater.com' <Bruce.Rector@MyClearwater.com>; 'Ryan.Cotton@MyClearwater.com'
<Ryan.Cotton@MyClearwater.com>;'Michael.Mannino@MyClearwater.com' <Michael.Mannino@MyClearwater.com>;
'David.Allbritton@ MyClearwater.com' <David.Allbritton@MyClearwater.com>; 'Lina.Teixeira@MyClearwater.com'
<Lina.Teixeira@MyClearwater.com>; 'Rosemarie.Call@MyClearwater.com' <Rosemarie.Call@MyClearwater.com>
Subject: Public Comment — Palm Pavilion Redevelopment Proposal
Dear Mayor and Councilmembers,
Please find attached my letter regarding the proposed hotel redevelopment project on North Clearwater
Beach.
(File # 26-09b - Development Agreement Hotel Density Reserve HDA2026-03001)
My wife and I are residents of Pura Vida Condominiums, and I respectfully ask that this correspondence
be included in the official public record for the upcoming hearing on Thursday June 4th and considered as
part of the Council's review of this application.
I have also attached a copy of the prior planning record referenced in the letter for convenience.
Thank you for your time, consideration, and service to the Clearwater community.
1
Respectfully,
Jonathan Wheat
Resident, Pura Vida Condominiums
North Clearwater Beach
2
Mayor and Members of the Clearwater City Council
City of Clearwater
Clearwater, Florida
Dear Mayor and Councilmembers,
My wife and I have lived at Pura Vida Condominiums on North Clearwater Beach for the
past five years. We chose this area because of its unique character, walkability, open
coastal atmosphere, and the balance that currently exists between tourism and residential
living. North Beach remains special because it still retains elements of the historic "Old
Florida" character that many coastal communities have already lost.
I understand that redevelopment is part of the continued evolution of Clearwater Beach,
and I am not opposed to redevelopment itself. However, I am concerned that the Palm
Pavillion Inn redevelopment proposal represents a dramatic increase in intensity that goes
far beyond simple redevelopment. The project would increase lodging from approximately
30 rooms to 144 rooms on just over one acre while also seeking 91 additional hotel units
from the Hotel Density Reserve.
The prior city planning record for this property (which I have attached for convenience)
acknowledged that the site was already significantly nonconforming in density, with 30
units existing where only 14 units were permitted. That approval was based on preserving
the existing historic inn use on a constrained site — not on supporting a dramatic increase
in scale and intensity through a 144 -room, 9 -story redevelopment.
One of the major concerns for residents in neighboring condominiums, including Pura
Vida, is that the proposed height and massing of the structure would significantly alter
existing southwest sightlines and views toward the beach and Gulf that are currently
enjoyed by numerous residences. More broadly, this project risks changing the open
coastal character and visual experience of the surrounding neighborhood.
In addition to the visual impact, I am concerned about the cumulative effects on traffic,
congestion, pedestrian safety, rideshare and service activity, noise, evacuation capacity,
infrastructure demand, and the overall quality of life for residents who live in this area year-
round.
I am also concerned about whether the existing public infrastructure is capable of
supporting a nearly fivefold increase in hotel occupancy on this site. Questions remain
regarding potential impacts on water pressure, sewer capacity, stormwater management,
emergency access, fire suppression capability, and overall utility resilience during peak
tourism periods and hurricane events.
The property is also located within the Beach by Design area and the Old Florida District.
While thoughtful redevelopment can and should occur, I respectfully question whether a 9 -
story hotel of this scale is truly compatible with the planning principles, neighborhood
character, and lower -scale coastal environment that have historically defined North Beach.
I am also concerned that a project of this scale may not be in the long-term best interests
of Clearwater Beach or North Beach as a whole. The unique character, walkability, and
lower -scale coastal environment of this area are part of what make Clearwater Beach
attractive to both residents and visitors. Continued over -intensification risks eroding the
very qualities that contribute to the community's identity and long-term appeal.
I respectfully ask the Council to consider whether granting such a significant density
increase is truly consistent with the long-term vision of Clearwater Beach and whether
sufficient public benefits are being provided in exchange for the additional development
rights being requested.
I would also ask:
• Has a visual impact or view corridor analysis been performed for neighboring residential
properties?
• Has a shadow study been completed, particularly regarding impacts on neighboring
residences and mature trees?
• Has a utility capacity analysis been performed regarding water, sewer, stormwater, and
fire suppression infrastructure?
• Has a traffic, rideshare, delivery, and pedestrian circulation analysis been completed for
peak tourism conditions?
• Why is a project of this scale necessary for this particular site?
• What specific public benefits justify granting 91 additional hotel units from the Hotel
Density Reserve?
This decision will not only affect one property. It may establish a meaningful precedent for
future large-scale redevelopment requests throughout North Clearwater Beach. I
encourage the Council to proceed cautiously and require a clear demonstration that the
long-term public benefits outweigh the impacts on the surrounding residential community
and the historic character of North Beach.
Thank you for your time and consideration.
Jonathan Wheat
Resident, Pura Vida Condominiums
North Clearwater Beach
CLEARWATER
BRIGHT AND BEAt TT7 FM. • BAY TO BEACH
PLANNING & DEVELOPMENT DEPARTMENT COMMUNITY
DEVELOPMENT BOARD STAFF REPORT
MEETING DATE:
AGENDA ITEM:
CASE:
REQUEST:
August 8, 2024
E.1
FLD2024-02007
Flexible Development approval for a termination of status of
nonconformity to recognize the nonconforming hotel density of 30
units where 14 are permitted for property located at 18 Bay
Esplanade in the Tourist District. A comprehensive landscaping
program is proposed for perimeter buffer flexibility. (Community
Development Code Sections 6-109.6.1, B.2,C and 3-1202.G)
GENERAL DATA:
Agent Brian J. Aungst, Jr., Macfarlane Ferguson & McMullen
Owners Palm Pavilion Inc.
Location 18 Bay Esplanade; located between Bay Esplanade and Kendall
Street approximately 150 feet west of the intersection of Mandalay
Avenue and Bay Esplanade
Property Size 0.299 acres
Future Land Use Resort Facilities High (RFH)
Zoning Tourist (T) District
Special Area Plan Beach by Design
Adjacent Zoning ... North: Tourist (T) District
South: Institutional (I) and Open Space/Recreation (OS/R) Districts
East: Tourist (T) District
West: Tourist (T) District
Existing Land Use Overnight Accommodations
Proposed Land Use Overnight Accommodations
Gina L. Clayton
100 South Myrtle Avenue
Clearwater, Florida 33756
727-562-4587
gina.clayton@mvclearwater.com
PROFESSIONAL EXPERIENCE
• Planning and Development Director
City of Clearwater, FL July 2019 —to present
• Planning and Development Director Interim
City of Clearwater, FL May 2019 —July 2019
Responsible for the day-to-day planning, zoning, building and code compliance operations. Serve as staff to the Community
Development Board, Municipal Code Enforcement Board and City Council.
• Assistant Planning and Development Director
• Assistant Planning Director
City of Clearwater, FL
September 2009 to April 2019
April 2005 —September 2009
Responsible for assisting the Planning and Development Director in directing the day-to-day planning, zoning, building and
code compliance operations including the supervision of the Long Range Planning, Development Review Development Service
Center and Code Compliance Managers, as well as the Building Official. Serve as staff to the Community Development Board,
Municipal Code Enforcement Board and City Council. As Assistant Planning Director filled similar role, except only responsible
for planning and zoning operations.
• Long Range Planning Manager
City of Clearwater, FL
2001 to 2005
Responsible for numerous aspects of the Growth Management Act of Florida including comprehensive planning, future land use
plan amendments, rezonings, and annexations. Supervised long range planning staff. Served as staff to the Community
Development Board and presented long range cases/issues to the City Council. Responsible for the preparation of special area
plans and the site plan review process within the Downtown Plan area. Served as the city's representative on countywide and
regional planning agency committees.
• Senior Planner
City of Clearwater, FL 1999 to 2001
Responsible for various long rang planning projects/studies including the preparation of major amendments to the Community
Development Code, updates of special area plans, and the development of neighborhood plans and text amendments to the
Comprehensive Plan. Served as staff to the Community Development Board, presented projects to the City Council and served
as the city's representative on the Pinellas Planning Council's Planners Advisory Committee.
• Community Development Director
City of Indian Rocks Beach, FL 1997 to 1999
Responsible for the administration of the city's planning, building and code enforcement functions. Served as staff to the City
Commission, Planning and Zoning Board and Board of Adjustments and Appeals. Administered the land development
regulations, processed future land use plan amendments and rezonings. Prepared numerous amendments to the land
development code and conducted special planning studies. Responsible for the administration of the Community Rating System
and the flood regulations. Served as the city's representative on countywide and regional planning agency committees.
• Planner
City of Solon, OH 1993 to 1996
Responsible for drafting significant portions of a new zoning code. Drafted a new sign ordinance and new driveway regulations.
Prepared proposal for CDBG funding for downtown streetscape project and prepared requests for proposals for master land
use plan and master recreation plan.
• City Planner
City of Avon Lake, OH 1991 to 1993
Responsible for the administration of the planning functions of the City. Served as staff to the City Council and as Secretary to
the Planning Commission. Administered subdivision regulations and zoning code. Updated planning documents including the
Future Land Use Plan and the Comprehensive Park and Recreation Plan. Revised sections of the Avon Lake Subdivision
Regulations and zoning code.
• Zoning Administrator 1988 to 1991
General Development Planner 1987 to 1988
City of Cleveland Heights, OH
Responsible for administering the zoning code which included the preparation of all research, agendas, legal notices, action
sheets and resolutions related to variance and special exception requests. Presented zoning cases to the Board of Zoning
Appeals, Planning Commission, Board of Control and City Council. Supervised zoning secretary and intern. Prior to that
responsible for preparing the City's first Strategic Development Plan. Compiled and analyzed demographic, housing, economic
and land use data. Developed techniques for citizen participation and effective input from the Planning Commission in the
strategic planning process. Conducted research on various issues including poverty, historic preservation and residential and
commercial code enforcement methods.
EDUCATION
Master's Degree in Urban and Regional Planning, Virginia Polytechnic Institute and State University, 1986
Bachelor of Arts in History with a minor in Community Planning, Appalachian State University, 1984
PROFESSIONAL MEMBERSHIPS & ACTIVITIES
Pinellas County Historic Preservation Board - 2013 — 2019
Chair, Toolbox Committee, 2013 — 2019
Pinellas County Historic Preservation Advisory Board - 2009 — 2013
Chair, Toolbox Committee, 2010 — 2013
Urban Land Institute, 2013 - Present
American Planning Association, 1987 — Present
Florida Planning Association, 1997 — Present
Ohio Planning Conference (OPC), a Chapter of the American Planning Association, 1987-1996
Co -Director, Cleveland Section of OPC, 1994-1996
Chair of Annual Zoning Workshop, Cleveland Section of OPC, 1994 and 1995.
Coordinator and Moderator, "The Basics of Zoning and the Tools for Managing Change," 1995
Speaker, "Job of the Zoning Administrator," 1994
Looking north along Bay Esplanade .
Looking south into the site from Kendall Street .
Looking west along Bay Esplanade
Looking south into the site from Kendall Street
Looking north towards pool area from southeast corner of
property
Looking southwest at property along Kendall Street.
18 Bay Esplanade
FLD2024-02007
Level II Flexible Development Application Review
Planning & Development Department
Development Review Division
BACKGROUND
Location and Existing Conditions
The 0.299 -acre property is comprised of one parcel of land
located between Bay Esplanade and Kendall Street,
approximately 150 feet west of Mandalay Avenue.
Approximately 50 feet of lot frontage abuts Bay Esplanade and
100 feet abuts Kendall Street.
The property is located in the Tourist (T) zoning district and has
a consistent future land use designation of Resort Facilities
Hight (RFH). The property is also governed by the Clearwater
Beach special area plan, Beach by Design, and is located in the
Old Florida District. The subject property is surrounded by a mix
of uses including overnight accommodations, attached
dwellings, retail and restaurant uses, public parking, and a
governmental use (fire station). Properties designated Tourist
(T) District are adjacent to the west, north, and east.
Institutional (I) and Open Space/Recreation (OS/R) zoned
property is located to the south.
The site is located in the AE Flood Zone and includes two at -
grade buildings. The three-story building fronting Bay
Esplanade was constructed in 1951 and the one-story building
was constructed in 1945. The site includes a swimming pool
and has five parking spaces accessed from Kendall Street. A
nonconforming pole sign is located on the north side of the
property projecting into the Kendall Street right-of-way.
In 1985 the owner of the property filed a declaration of
nonconforming density with the city indicating there were 28
hotel units plus three units that were being occupied by the
manager. Based on this information it appears the hotel was
constructed with 31 units.
Code Compliance Analysis
There are no active Code Compliance cases for the subject
property.
DEVELOPMENT PROPOSAL
The proposal is a termination of status of nonconformity for the
existing overnight accommodation use. Based on the current
land use and zoning, this property is allowed 14 overnight
accommodation units. Today there are 30 units and the
-
4
J-- �r
1 C1S
nth
1
1' 11
A: ,,
. L J I t
••'M.atio14.13
R
2
sesimu.
rt0
;C
• g'
t's•
5 6. 7:
8
C
4A,
N
L.�.J
r
14 13 12
v
11,
V):
81
‘
3
r
.
PLANAR(
a
EXISTING SURROUNDING USES MAP
applicant is requesting to terminate the nonconforming density pursuant to Community Development
Code Section 6-109.B. No redevelopment is being proposed at this time.
Because the buildings were constructed over 70 years ago, the site does not meet current setback/buffer
requirements. As illustrated on the survey the existing site improvements are located less than one foot
Community Development Board —August 8, 2024
FLD2024-01003 — Page 2
Level II Flexible Development Application Review
Planning & Development Department
Development Review Division
from both the Bay Esplanade and Kendall Street rights-of-way precluding the addition of a perimeter
landscaping buffer. The existing landscaping improvements adjacent to Kendall Street are located in the
right-of-way. Due to these existing site conditions, the applicant has filed a Comprehensive Landscape
Program application requesting flexibility from the buffer requirement as such improvements cannot be
physically provided. To upgrade the site the applicant is proposing to remove some pavement to create a
landscaped walkway to the pool, as well as provide additional landscaping to an existing planter located
adjacent to the fence which is along the property boundary of what is Lot 7. Approximately 27 Pitch Apple
shrubs are being added to the site. Additionally, the applicant is removing the nonconforming pole sign
located on the north side of the property. Below is the landscaping plan which illustrates the
improvements proposed for the site.
r
ANALYSIS
N 6•ZA'TY • 100.00'
r
s 1
Po�
BLOCK 8 y11 OT T
:.,;�.. LOCK
ONST. S.O' WIOE CONC. WALL('.
r
WY
100.21'(Y) 1001P)
NU
nIrl 1 �n�n I ,
CONST. 3' WIDE LANDSCAPED
STRIP. 6 PITCH APPLE SHRUBS
(CLUSIA ROSEA 'NANA')
" CONST. 3.0' WIDE LANDSCAPED
STRIP; 13 PITCH APPLE SHRUBS
(CLUSIA ROSEA 'NANA')
Al ilk AI- it IL -
N awe • q.N'6R
N M24'16 . 50.00
T
NO
'CLU[
OT 9
'PLANT 63 PITCH APPLC
SHRUBS BETWEEN THE 1
EXISTING PITCH APPLE SHRUBS
1 TO CREATE A HEDGE (FIELD ,
VERIFY LOCATIONS AND
pUMBER REQUIRED
.)
Termination of status of nonconformity requires a level two approval pursuant to Community
Development Code Section 6-109.8.1 As the current building improvements are proposed to remain at
this time, the applicant must demonstrate compliance with the provisions of Community Development
Code Section 6-109.0 which require improvements in perimeter buffers and parking lot landscaping
requirements, as well as the removal of nonconforming signs, outdoor lighting, or other accessory
structure/use. A Comprehensive Landscaping Program may be used to satisfy landscaping needs. Below
is an analysis of these requirements.
Community Development Board —August 8, 2024
FLD2024-01003 — Page 3
Level 11 Flexible Development Application Review
Planning & Development Department
Development Review Division
Community Development Code Section 6-109.0 - Termination of Status of A Nonconformity
1. Perimeter buffers conforming to the requirements of Section 3-1202(D) shall be installed.
Community Development Code Section 3-1202(D) states that perimeter buffers for properties
located within the Old Florida District are governed by Beach by Design. Section A.6.a of the Old
Florida District requires a ten (10) foot landscape buffer along street frontages except that
properties 35 feet and below in height may be granted flexibility in the required setback, in which
case the entire setback shall be landscaped. The existing buildings are one and three stories in
height and are Tess than 35 feet, therefore, flexibility is permitted.
Due to the existing site conditions, there is no space to accommodate the addition of a perimeter
buffer. A landscaped planter exists in the public right-of-way that provides limited landscaping
along a portion of Kendall Street. According to city records, this planter was a condition of a
Planning and Zoning Board action related to a fence. In lieu of perimeter landscaping, some
internal landscaping enhancements are proposed in the only area on the site where any new
planting area could be installed.
Community Development Board — August 8, 2024
FLD2024-01003 — Page 4
Level 11 Flexible Development Application Review
Planning & Development Department
Development Review Division
2. Off-street parking lots shall be improved to meet the landscaping standards established in
Section 3-1202.E
According to the site data table, the existing parking vehicular use area is 3,614 square feet in
area. Community Development Code Section 3-1202.E requires parking lots greater than 4,000
square feet to provide certain landscaping standards. Based on the size of the parking lot, no
improvements are required.
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 noted earlier, there is an existing nonconforming pole sign on the property that will be
removed to comply with this criterion. There is no outdoor lighting on the site.
4. The comprehensive landscaping and comprehensive sign program may be used to satisfy the
requirement of this section.
As discussed above the comprehensive landscaping program is being requested to satisfy the
requirements of the perimeter buffer requirements due to the location of existing site conditions.
5. The use and structure complies with the general standards for Level One and Level Two
approvals set forth in Section 3-914.
See below for a discussion of compliance with the general applicability standards set forth in
Community Development Code Section 3-914.
Community Development Board — August 8, 2024
FLD2024-01003 — Page 5
Level 11 Flexible Development Application Review
Planning & Development Department
Development Review Division
Comprehensive Landscaping Program
The applicant has applied for the comprehensive landscaping program according to Code Section 3-
1202.G which allows modifications to landscaping requirements. The request is for flexibility to not
provide a landscape buffer along the street frontages as required by Beach by Design as there is no
physical space to provide any landscaping in these areas.
COMPREHENSIVE LANDSCAPING
CRITERIA
FINDINGS
Section — 3-1202. G.1.a or b -
Architectural Theme
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.
Not applicable as the existing building locations preclude the
applicant's ability to provide any landscaping along the north or
south perimeter of the property. There is a planter located between
the pool and sidewalk along Kendall Street consisting of foxtail
palms, and giant white birds of paradise located in the public right -
of -way.
Section 3-1202.G.2 Lighting
Any lighting proposed as a part of a
comprehensive landscape program is
automatically controlled so that the
lighting is turned off when the business is
closed.
Not applicable as no lighting is proposed nor exists on the property.
Section 3-1202.G.3 Community character.
The landscape treatment proposed in the
comprehensive landscape program will
enhance the community character of the
City of Clearwater.
The removal of pavement and the addition of landscaping in the
interior of the site will provide a more attractive entry to the pool
area and slightly reduce the site's total impervious area. The
improvement enhances the visual aesthetics of this area of the site
which will have a positive impact.
Section 3-1202.4. Property values. The
landscape treatment proposed in the
comprehensive landscape program will
have a beneficial impact on the value of
property in the immediate vicinity of the
parcel proposed for development.
Additional new landscaping will enhance the visual impression of
the site, in addition to providing investment in the property which
will have a positive impact and therefore the perceived value of the
adjacent properties.
Community Development Code Section 3-914. General Applicability Standards
The proposal supports the General Applicability standards of this Code as follows.
GENERAL APPLICABILITY STANDARDS
FINDINGS
Section 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.
The existing one and three-story buildings will continue to be used
for overnight accommodations. The property is located in a mixed -
use area with a variety of new and older improvements. No changes
are currently proposed for the hotel so the existing site coverage
and density will remain and are in harmony with the surrounding
uses.
Section 3-914.A.2. The proposed
development will not hinder or discourage
development and use of adjacent land and
The site is located in the tourist area of Clearwater Beach and the
surrounding properties are fully developed. The continued use of
the site for overnight accommodation will not discourage uses or
the redevelopment of any adjacent properties that are occupied by
Community Development Board — August 8, 2024
FLD2024-01003 — Page 6
Level 11 Flexible Development Application Review
Planning & Development Department
Development Review Division
buildings or significantly impair the value
thereof.
overnight accommodations and attached dwellings to the north, a
vacant restaurant and automobile service station to the east, Fire
Station 47 and public parking lot to the south, and restaurant to the
west.
Section 3-914.A.3. The proposed
development will not adversely affect the
health or safety of persons residing or
working in the neighborhood.
The overnight accommodation use will continue to operate as it
currently does and is compatible with the surrounding
neighborhood. The continuance of the use is not anticipated to
adversely affect the health and safety of the residents in the area.
Section 3-914.A.4. The proposed
development is designed to minimize traffic
congestion.
No changes are being made to the number of hotel units on the site
or to the points of ingress/egress. The continued use of the hotel
will not impact traffic in the area. Overflow parking will continue to
be accommodated on the adjacent property to the west which is
under the same ownership.
Section 3-914.A.5. The proposed
development is consistent with the
community character of the immediate
vicinity.
Clearwater Beach is a mixed-use activity center, and this area of
North Beach has a variety of uses. The hotel is a permitted use in
the Tourist zoning district and is consistent with the community
character.
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 existing buildings are proposed to remain with no exterior
changes proposed that would have adverse impacts on adjacent
properties.
It should be noted that the Conservation and Coastal Management Policy CCM 5.1.5 of Clearwater 2045
states the following:
Allow for the redevelopment of structures in the AE and V Zones where damage is greater than
50% of the assessed value prior to damages, consistent with adopted densities or as -built
densities at the time of the storm damage and in accordance with applicable codes, the CDC, and
FEMA requirements.
The proposed termination of the nonconforming density will enable the reconstruction of as -built density
in the AE Flood Zone as contemplated by this Comprehensive Plan policy.
RECOMMENDATION
The Development Review Committee (DRC) reviewed the application and supporting materials at the DRC
meeting on June 6, 2024. The Planning and Development Department, having reviewed all materials
submitted by the applicant and the requirements of the Community Development Code, recommends the
following findings of facts and conclusions of law.
Recommended Findings of Fact
1. The 0.229 -acre site is located between Bay Esplanade and Kendall Street west of the intersection of
Mandalay Avenue and Bay Esplanade.
2. The property is located in the Tourist (T) Zoning District and the Resort Facilities High (RFH) Future
Land Use Category.
3. The property is located in the AE Flood Zone.
4. A total of 31 units were constructed on this site and currently 30 exist.
5. A substantial area of the site is occupied by buildings and pavement.
6. New landscaping is proposed for the paved area located south of the swimming pool.
Community Development Board —August 8, 2024
FLD2024-01003 — Page 7
Planning & Development Department
Level 1I Flexible Development Application Review Development Review Division
7. There are no active Code Compliance cases for the subject property.
Recommended Conclusions of Law
1. The existing overnight accommodations use is permitted in the Tourist (T) District.
2. Clearwater 2045, the City's Comprehensive Plan contemplates the reconstruction of as -built densities
in the AE and V Zones.
3. The development proposal is consistent with the criteria outlined in Code Section 6-109.0 for
termination of status as a nonconforming use.
4. The development proposal is consistent with the Comprehensive Landscaping Program criteria
outlined in Code Section 3-1202.G
5. The development proposal is consistent with the General Standards for Level One and Two Approvals
outlined in Code Section 3-914.
Based on the above -recommended findings of fact and conclusions of law, the Planning and
Development Department recommends APPROVAL of application FLD2024-02007 subject to the
following conditions:
Conditions of Approval
General/Miscellaneous Conditions
1. Revise the proposed landscaped walkway layout to the satisfaction of the Planning and Development
Staff (Land Resources) to ensure access to the pool equipment is maintained.
2. Provide additional plantings and replace the stones with mulch in the existing planter located in the
Kendall Street right-of-way to the satisfaction of Planning and Development Staff (Land Resources) no
later than August 8, 2025 pursuant to Community Development Code Section 6-109.B.3.
3. All landscaping and concrete areas shall present a neat and orderly appearance free from debris and
weeds.
4. All applicable state or federal permits shall be obtained for the subject project prior to the
commencement of development as defined under Fla. Stat. § 380.04.
Prepared by Planning & Development Department:
Gina L. Clayton,
Planning and Development Director
ATTACHMENTS: Resume, Photographs
Community Development Board — August 8, 2024
FLD2024-01003 — Page 8