500 N Fort Harrison Ave Clearwater FL

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2 OFFERING MEMORANDUM for OUR EXCLUSIVE LISTING of 500 N Fort Harrison Ave Clearwater FL PAGE: N Fort Harrison Ave Clearwater FL 3802 Ehrlich Road, Suite 303 Tampa, FL Office: Georgia Watson Broker

3 PROPERTY SUMMARY PROPERTY HIGHLIGHTS Sale Price: $340,000 Building Size (RSF): Lot Size: 1,486 SF.23 Acres Year Renovated: 2010 Vacant/Owner-User Permitted for expansion of additional 1060SF building. Wired for Security This property is located within The Old Bay District, which is the area previously known as the Northwest Periphery Plan area and the land south of Jones Street to Drew Street, is a transitional area between the Downtown Core and the low density residential areas to the north. North Fort Harrison Avenue Avenue, which is currently designated as Alternate U.S. Highway 19, is the main traffic corridor in this District, and serves as the northern most gateway into the Downtown area. PAGE: N Fort Harrison Ave Clearwater FL 3802 Ehrlich Road, Suite 303 Tampa, FL Office: Georgia Watson Broker

4 DEMOGRAPHICS from 2015 PAGE: N Fort Harrison Ave Clearwater FL 3802 Ehrlich Road, Suite 303 Tampa, FL Office: Georgia Watson Broker

5 Additional Information & Photos Vacant, Single Tenant, One Story, with excellent paved parking, contained on a highly visible corner lot, with iron fencing. Located in Historic Old Bay, at the corner of Ft Harrison and Georgia St Ehrlich Road, Suite 303 Tampa, FL Office: PAGE: N Fort Harrison Ave Clearwater FL Georgia Watson Broker

6 STREET VIEWs 3802 Ehrlich Road, Suite 303 Tampa, FL Office: PAGE: N Fort Harrison Ave Clearwater FL Georgia Watson Broker

7 INTERIOR PHOTOS 3802 Ehrlich Road, Suite 303 Tampa, FL Office: PAGE: N Fort Harrison Ave Clearwater FL Georgia Watson Broker

8 SURVEY 3802 Ehrlich Road, Suite 303 Tampa, FL Office: PAGE: N Fort Harrison Ave Clearwater FL Georgia Watson Broker

9 Boundary Survey 3802 Ehrlich Road, Suite 303 Tampa, FL Office: PAGE: 9 Georgia Watson Broker

10 AERIAL VIEW 3802 Ehrlich Road, Suite 303 Tampa, FL Office: PAGE: N Fort Harrison Ave Clearwater FL Georgia Watson Broker

11 FloorPlan 3802 Ehrlich Road, Suite 303 Tampa, FL Office: PAGE: 11 Georgia Watson Broker

12 Property Locator 3802 Ehrlich Road, Suite 303 Tampa, FL Office: PAGE: 12 Georgia Watson Broker

13 CONTACT GEORGIA WATSON PRESIDENT / BROKER GEORGIA@YELLOWTAILCOMMERCIAL.COM DIRECT (813) Ehrlich Road, Suite 303 Tampa, FL Office: PAGE: N Fort Harrison Ave Clearwater FL Georgia Watson Broker

14 CONFIDENTIAL MEMORANDUM The material contained in this Offering Brochure is furnished solely for the purpose of considering the purchase of the property within and is not to be used for any other purpose. This information should not, under any circumstances, be photocopied or disclosed to any third party without the written consent of the YELLOWTAIL COMMERCIAL REALTY LLC Advisor or Property Owner, or used for any purpose whatsoever other than to evaluate the possible purchase of the property. The only party authorized to represent the Owner in connection with the sale of the Property is the YELLOWTAIL COMMERCIAL REALTY LLC Advisor listed in this proposal, and no other person is authorized by the Owner to provide any information or to make any representations other than contained in this Offering Brochure. If the person receiving these materials does not choose to pursue a purchase of the Property, this Offering Brochure must be returned to the YELLOWTAIL COMMERCIAL REALTY LLC Advisor. Neither the YELLOWTAIL COMMERCIAL REALTY LLC Advisor nor the Owner make any representation or warranty, express or implied, as to the accuracy or completeness of the information contained herein, and nothing contained herein is or shall be relied upon as a promise or representation as to the future representation of the Property. This Offering Brochure may include certain statements and estimates with respect to the Property. These Assumptions may or may not be proven to be correct, and there can be no assurance that such estimates will be achieved. Further, the YELLOWTAIL COMMERCIAL REALTY LLC Advisor and the Owner disclaim any and all liability for representations or warranties, expressed or implied, contained in or omitted from this Offering Brochure, or any other written or oral communication transmitted or made available to the recipient. The recipient shall be entitled to rely solely on those representations and warranties that may be made to it in any final, fully executed and delivered Real Estate Purchase Agreement between it and Owner. The information contained herein is subject to change without notice and the recipient of these materials shall not look to Owner or the YELLOWTAIL COMMERCIAL REALTY LLC Advisor nor any of their officers, employees, representatives, independent contractors or affiliates, for the accuracy or completeness thereof. Recipients of this Offering Brochure are advised and encouraged to conduct their own comprehensive review and analysis of the Property. This Offering Brochure is a solicitation of interest only and is not an offer to sell the Property. The Owner expressly reserves the right, at its sole discretion, to reject any or all expressions of interest to purchase the Property and expressly reserves the right, at its sole discretion, to terminate negotiations with any entity, for any reason, at any time with or without notice. The Owner shall have no legal commitment or obligation to any entity reviewing the Offering Brochure or making an offer to purchase the Property unless and until the Owner executes and delivers a signed Real Estate Purchase Agreement on terms acceptable to Owner, in Owner s sole discretion. By submitting an offer, a prospective purchaser will be deemed to have acknowledged the foregoing and agreed to release the Owner and the YELLOWTAIL COMMERCIAL REALTY LLC Advisor from any lability with respect thereto. To the extent Owner or any agent of Owner corresponds with any prospective purchaser, any prospective purchaser should not rely on any such correspondence or statements as binding Owner. Only a fully executed Real Estate Purchase Agreement shall bind the property and each prospective purchaser proceeds at its own risk Ehrlich Road, Suite 303 Tampa, FL Office: PAGE: N Fort Harrison Ave Clearwater FL Georgia Watson Broker

15 Old Bay District The Old Bay Character District is generally bounded by Nicholson Street on the north, Blanche B. Littlejohn Trail and Myrtle Avenue on the on the east, Clearwater Harbor on the west and Drew Street on the south as illustrated on Map 8, page 57. There are 228 parcels totaling 81.5 acres of land within the District representing 15 percent of the total Downtown Plan area. Existing Character The Old Bay District, which is the area previously known as the Northwest Periphery Plan area and the land south of Jones Street to Drew Street, is a transitional area between the Downtown Core and the low density residential areas to the north. North Fort Harrison Avenue Avenue, which is currently designated as Alternate U.S. Highway 19, is the main traffic corridor in this District, and serves as the northern most gateway into the Downtown area. Old Bay is comprised of a mix of land uses including governmental, residential (including single-family dwellings), commercial, industrial, institutional and recreational. This mix, while giving the District great diversity, also results in incompatible development patterns and uses. The District s unique character is derived from its location along Clearwater Harbor and the significant number of older structures (greater than 50 years). The North Ward Elementary School, a National Register Historic site and the City of Clearwater s Partnership School, is located on the northern edge of the District, and is a neighborhood amenity. The location of North Fort Harrison Avenue and the high volumes of traffic on it essentially divide the District into two distinct sections and contribute to the lack of a cohesive identity. Furthermore, the most eastern portion of the District does not enjoy close proximity to the waterfront and the single-family residential uses are surrounded by nonconforming vehicle services and industrial uses. District Vision Uses The Old Bay District is envisioned to be a mixed-use neighborhood supporting the Downtown employment base with residential, limited neighborhood commercial and office uses. A variety of densities and housing styles are encouraged throughout the District, as well as renovations of existing older structures This District provides an opportunity for higher-density residential uses along Clearwater Harbor west of Osceola Avenue, provided such development is sensitive to the established low-rise historic character of the District. The eastern frontage of Osceola Avenue may retain its residential use, convert existing buildings to offices, redevelop with residential scale offices or combine these two uses on the same site. North Fort 63

16 Harrison Avenue is envisioned as the main commercial area providing neighborhood commercial uses on properties on both sides of the street. The area between North Fort Harrison Avenue and Garden Avenue should continue to be a mixed-use area permitting commercial and office development and encouraging the incorporation of residential uses in mixed-use projects. Properties located east of Garden Avenue may be redeveloped with residential uses, residential scale office development or a mix of these two uses. The parcel within the District east of the Pinellas Trail through to Myrtle Avenue is envisioned to remain as the City s Gas Department administrative offices and warehouse. Function The character of Old Bay should be strengthened through streetscape elements that identify the District as a Downtown neighborhood. Emphasis should be placed on tying the eastern and western sections of the entire District together by providing linkages between the waterfront and the Pinellas Trail. Public improvements to the Seminole Boat ramp will also enhance waterfront access and appearance. Development Patterns Greater heights in the higher density residential area west of Osceola Avenue may be considered. The development pattern in the balance of the District is expected to remain urban in character reflecting the low-rise scale (two to three stories) of the existing neighborhood. Renovation/restoration of existing historic homes is strongly encouraged and new development should provide references to the neighborhood s historic features in their design. Redevelopment should provide opportunities for comfortable pedestrian travel and access to public areas including the Seminole Street Launching Facility and Pinellas Trail. Prohibited Uses Automobile service stations, all types of vehicle sales and services, fast food restaurants with drive-through service, adult uses, industrial and problematic uses (examples include, but are not limited to, day labor, pawn shops, check cashing and blood plasma centers and body piercing and tattoo parlors). Intensity Floor Area Ratio (FAR) FAR; Density - West of North Garden Avenue: < 2 acres 25 units/acre > 2 acres 50 units/acre Between North Garden Avenue and the Pinellas Trail: < 1 acre units/acre > 1acre - 25 units/acre 64

17 Height West of Osceola Avenue: Between Drew and Georgia Streets 150 ; Between Georgia and Eldridge Streets 120 ; Between Eldridge Street and the Old Bay northern boundary 100 ; Between Osceola and Ft. Harrison Avenues and between Jones and Drew Streets 150 ; East of Osceola Avenue 40 Old Bay District Policies The following policies shall govern development within the Old Bay District, as well as City actions. Policy 1: The Public Incentives Amenities Pool shall not be available to any property located on the west side of Osceola Avenue between Eldridge Street and the northern boundary of the Old Bay character district. Policy 2: Connections from the Pinellas Trail through the neighborhood to Clearwater Harbor should be accomplished through signage, sidewalks and bicycle/pedestrian facilities. Policy 3: The Seminole Street Launching Facility should be maintained as a recreation site, recognized as an area attraction, and should be improved with the addition of elements such as picnic areas, park benches, landscaping, lighting and parking management. Policy 4: City rights-of-way that dead-end at the harbor shall be retained and improved for public access to the water. Policy 5: Clearwater Gas property should be landscaped, buffered and beautified appropriately. Policy 6: Existing commercial uses fronting on North Fort Harrison Avenue may be expanded or redeveloped through the block to North Osceola Avenue. If this occurs, it shall be adequately buffered from the surrounding properties with materials such as landscaping or fencing. Policy 7: New development on North Fort Harrison Avenue shall be oriented toward the street to encourage pedestrian activity and a dynamic street life. Policy 8: New development on Drew Street shall be oriented toward the street to encourage pedestrian activity. Policy 9: Mixed-use development that has office and retail uses on the first floor and residential uses above are encouraged along North Fort Harrison Avenue. 65

18 Policy 10: New construction and renovations of existing single-family platted areas east of Garden Avenue shall maintain the existing character of the neighborhood for lot size, setbacks and height. Policy 11: Preferred housing styles east of Osceola Avenue are single-family detached and townhouses. Attached dwellings in this area may be considered upon assembly of at least one acre and preferably one city block. 66

19 PART I - COMMUNITY DEVELOPMENT CODE ARTICLE 1. - GENERAL PROVISIONS ARTICLE 2. - ZONING DISTRICTS DIVISION 9. DOWNTOWN DISTRICT ("D") DIVISION 9. DOWNTOWN DISTRICT ("D") Section Intent and purpose. The intent and purpose of the Downtown District is to establish a mixed use downtown where citizens can work, live, and shop in a place which is the economic, governmental, entertainment and cultural focal point of a liveable city. Section Maximum development potential. It is the intent of the Downtown District ("D") that development be consistent with the Countywide Future Land Use Plan as required by state law. The uses and development potential of a parcel of land within the D District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designation of the property. For those parcels within the D District that have a Future Land Use of Central Business District ("CBD"), maximum development potential shall be as set forth for each classification of use and location in the approved redevelopment plan. (Ord. No , 13, ) Section Flexible standard development. The following uses are Level One permitted uses in the Downtown District subject to the standards and criteria set out in this section and other applicable provisions. Table "D" Flexible Standard Development Standards Use Max. Height (ft.) Min. Off-Street Parking Accessory Dwellings n/a n/a Alcoholic Beverage Sales per 1,000 GFA Attached Dwellings per unit Bars per 1,000 GFA Convention Center per 1,000 GFA Clearwater, Florida, Community Development Code Page 1

20 PART I - COMMUNITY DEVELOPMENT CODE ARTICLE 1. - GENERAL PROVISIONS ARTICLE 2. - ZONING DISTRICTS DIVISION 9. DOWNTOWN DISTRICT ("D") Indoor Recreation/Entertainment Facility per 1,000 GFA(1) Mixed Use Based upon specific use requirements Nightclubs per 1,000 GFA Offices per 1,000 GFA(1) Overnight Accommodations per unit Parking Garages and Lots 50 n/a Parks and Recreation Facilities 50 1 per 20,000 SF or as determined by the community development coordinator based on ITE Manual standards Places of Worship per 2 seats Public Transportation Facilities 10 n/a Restaurants per 1,000 GFA(1) Retail Plazas per 1,000 GFA Retail Sales and Service per 1,000 GFA(1) Social and Community Centers per 1,000 GFA Utility/Infrastructure Facilities n/a n/a (1) For those existing buildings/properties with frontage on Cleveland Street that are located between Osceola Avenue and Myrtle Avenue that have no existing off-street parking spaces, nor the ability to provide any off-street parking spaces, the use(s) of the buildings/properties may be changed without the off-street parking that would otherwise be required for the change of use being provided. Clearwater, Florida, Community Development Code Page 2

21 PART I - COMMUNITY DEVELOPMENT CODE ARTICLE 1. - GENERAL PROVISIONS ARTICLE 2. - ZONING DISTRICTS DIVISION 9. DOWNTOWN DISTRICT ("D") =_; Flexibility criteria: A. Accessory dwellings. One accessory dwelling, which is subordinate and accessory to a principal permitted use provided that: 1. Title to the accessory dwelling is vested in the ownership of the principal use; 2. The floor area of the accessory dwelling does not exceed 25 percent of the floor area of the principal use. B. Alcoholic beverage sales. 1. Height: The increased height results in an improved site plan and/or improved design and appearance; 2. Off-street parking: a. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or the physical context, including adjacent buildings and uses, are such that there is a high probability that patrons will use modes of transportation other than the automobile to access the use; b. Adequate parking is available on a shared basis as determined by all existing land uses within 1,000 feet of the parcel proposed for development or parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 3, Division 14; 3. Design. a. All street frontage is designed and used for commercial purposes; b. The design of all buildings complies with the Downtown District design guidelines in Division 5 C. Attached dwellings. D 1. Height: The increased height results in an improved site plan and/or improved design and appearance; 2. All street frontage is designed and used for commercial purposes or is designed so that the use functions in a way which will contribute to an active urban street environment; 3. Off-street parking: Adequate parking is available on a shared basis as determined by all existing land uses within 1,000 feet of the parcel proposed for development or parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 3, Division 14; 4. The design of all buildings complies with the Downtown District design guidelines in Division 5 Bars. 1. Height: The increased height results in an improved site plan and/or improved design and appearance; 2. Off-street parking: Clearwater, Florida, Community Development Code Page 3

22 PART I - COMMUNITY DEVELOPMENT CODE ARTICLE 1. - GENERAL PROVISIONS ARTICLE 2. - ZONING DISTRICTS DIVISION 9. DOWNTOWN DISTRICT ("D") a. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or the physical context, including adjacent buildings and uses are such that there is a high probability that patrons will use modes of transportation other than the automobile to access the use; b. Adequate parking is available on a shared basis as determined by all existing land uses within 1,000 feet of the parcel proposed for development or parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 3, Division 14; 3. Design: a. All street frontage is designed and used for commercial purposes; b. The design of all buildings complies with the Downtown District design guidelines in Division 5 E. Convention center. 1. The convention center is located on a parcel of land which is at least two acres in size; 2. Height: The convention center building will not obscure overwater vistas of any existing individual residential unit with a floor height of 35 feet; 3. Design. a. The façades of the convention center building or off-street parking facilities which serve the convention center are designed and used for commercial purposes; b. The design of all buildings complies with the Downtown District design guidelines in Division 5 F. Indoor recreation/entertainment facility. 1. The parcel proposed for development does not abut any property designated as residential in the Zoning Atlas. 2. Front setback: The reduction in front setback results in an improved site plan or improved design and appearance. 3. Side and rear setback: The reduction in side and/or rear setback is necessary to preserve protected trees and/or results in an improved site plan or more efficient design and appearance and results in landscaping in excess of the minimum required. G. Mixed use. 1. Height: The increased height results in an improved site plan and/or improved design and appearance; 2. Off-street parking: a. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or the physical context, including adjacent buildings and uses are such that there is a high probability that patrons will use modes of transportation other than the automobile to access the use; b. Adequate parking is available on a shared basis as determined by all existing land uses within 1,000 feet of the parcel proposed for development or parking is available through Clearwater, Florida, Community Development Code Page 4

23 PART I - COMMUNITY DEVELOPMENT CODE ARTICLE 1. - GENERAL PROVISIONS ARTICLE 2. - ZONING DISTRICTS DIVISION 9. DOWNTOWN DISTRICT ("D") any existing or planned and committed parking facilities or the shared parking formula in Article 2, Division Design: The design of all buildings complies with the Downtown District design guidelines in Division 5 H. Nightclubs. 1. Height: The increased height results in an improved site plan and/or improved design and appearance; 2. Off-street parking: a. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or the physical context, including adjacent buildings and uses are such that there is a high probability that patrons will use modes of transportation other than the automobile to access the use; b. Adequate parking is available on a shared basis as determined by all existing land uses within 1,000 feet of the parcel proposed for development or parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 3, Division 14; 3. Design: I. Offices. a. All street frontage is designed and used for commercial purposes; b. The design of all buildings complies with the Downtown District design guidelines in Division 5 1. Height: The increased height results in an improved site plan and/or improved design and appearance; 2. Off-street parking: a. Adequate parking is available on a shared basis as determined by all existing land uses within 1,000 feet of the parcel proposed for development, or parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 2, Division 14; b. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building will be used for storage or other non-parking demand-generating purposes. 3. Design: a. All street frontage is designed and used for commercial purposes; b. The design of all buildings complies with the Downtown District design guidelines in Division 5 J. Overnight accommodations. 1. Height: The increased height results in an improved site plan and/or improved design and appearance; 2. All street frontage is designed and used for commercial purposes; Clearwater, Florida, Community Development Code Page 5

24 PART I - COMMUNITY DEVELOPMENT CODE ARTICLE 1. - GENERAL PROVISIONS ARTICLE 2. - ZONING DISTRICTS DIVISION 9. DOWNTOWN DISTRICT ("D") 3. Off-street parking: Adequate parking is available on a shared basis as determined by all existing land uses within 1,000 feet of the parcel proposed for development or parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 3, Division 14; 4. The design of all buildings complies with the Downtown District design guidelines in Division 5 K. Parking garages and lots. 1. The parcel proposed for development is not contiguous to land designated as residential in the Zoning Atlas; 2. Access to and from the parking garage or lot shall be based on the findings of a transportation analysis approved by the city; 3. The stacking spaces available for cars waiting to pass through a parking ticket dispenser or booth to enter the garage or lot shall be based on the design and size of the garage or lot; 4. Any frontage along a public street is designed and improved to be similar in character and use to other uses and structures fronting on each street for a distance of 250 feet in either direction along the street or the nearest intersections, whichever is less; 5. Parking structures are designed, constructed and finished so that the structure of the garage is architecturally compatible with the design and character of adjacent principal uses; 6. The design of all buildings complies with the Downtown District design guidelines in Division 5 L. Parks and recreation facilities. 1. The proposed use is compatible with the surrounding properties. 2. Off-street parking is screened from adjacent parcels of land and any street by a landscaped wall or fence of at least four feet in height. 3. All outdoor lighting is designed so that no light fixtures cast light directly on adjacent land used for residential purposes. 4. Adequate parking is available on a shared basis as determined by all existing land uses within 1,000 feet of the parcel proposed for development, or parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 2, Division 14. M. Places of worship. 1. Access: The use of the parcel proposed for development will not involve direct access to a major arterial street; 2. Height: a. The increased height results in an improved site plan, landscaping areas in excess of the minimum required and/or improved design and appearance; b. The increased height will not reduce the vertical component of the view from any adjacent residential property; 3. Off-street parking: The total number of off-street parking spaces including off-site parking spaces within 600 feet of the parcel proposed for development will be available on a shared basis to meet the peak period demands of the facility; Clearwater, Florida, Community Development Code Page 6

25 PART I - COMMUNITY DEVELOPMENT CODE ARTICLE 1. - GENERAL PROVISIONS ARTICLE 2. - ZONING DISTRICTS DIVISION 9. DOWNTOWN DISTRICT ("D") 4. The design of all buildings complies with the Downtown District design guidelines in Division 5 N. Public transportation facilities. 1. The public transportation facilities are not located within 1,000 feet of another public transportation facility unless necessary to serve established transit stops with demonstrated ridership demand; 2. The public transportation facilities are designed, located and landscaped so that the structure of the facilities are screened from view from any residential use or land designated as residential in the Zoning Atlas; 3. Any lighting associated with the public transportation facilities is designed and located so that no light is cast directly on any residential use or land designated as residential in the Zoning Atlas; 4. The design of all buildings complies with the Downtown District design guidelines in Division 4 O. Restaurants. 1. Height: The increased height results in an improved site plan and/or improved design and appearance; 2. All street frontage is designed and used for commercial purposes; 3. Off-street parking: a. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or the physical context, including adjacent buildings and uses are such that there is a high probability that patrons will use modes of transportation other than the automobile to access the use; b. Adequate parking is available on a shared basis as determined by all existing land uses within 1,000 feet of the parcel proposed for development, or parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 3, Division The design of all buildings complies with the Downtown District design guidelines in Division 5 P. Retail plazas. 1. Height: The increased height results in an improved site plan and/or improved design and appearance; 2. The design of all buildings complies with the Downtown District design guidelines in Division 5 3. Restaurants within the shopping center may occupy up to 25 percent of the total gross floor area of the shopping center. Any restaurant, or fraction thereof, that exceeds 25 percent must provide off-street parking at a rate consistent with the parking requirement for the restaurant use in the district. 4. All shopping center buildings, including outbuildings, must be unified in terms of color, materials, and architectural style. Q. Retail sales and service. Clearwater, Florida, Community Development Code Page 7

26 PART I - COMMUNITY DEVELOPMENT CODE ARTICLE 1. - GENERAL PROVISIONS ARTICLE 2. - ZONING DISTRICTS DIVISION 9. DOWNTOWN DISTRICT ("D") 1. Height: The increased height results in an improved site plan and/or improved design and appearance; 2. Off-street parking: a. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or the physical context, including adjacent buildings and uses are such that there is a high probability that patrons will use modes of transportation other than the automobile to access the use; b. Adequate parking is available on a shared basis as determined by all existing land uses within 1,000 feet of the parcel proposed for development or parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 2, Division 14; 3. The design of all buildings complies with the Downtown District design guidelines in Division 5 R. Social and community centers. 1. The parcel proposed for development does not abut any property designated as residential in the Zoning Atlas. 2. Front setback: The reduction in front setback results in an improved site plan or improved design and appearance. 3. Side and rear setback: The reduction in side and/or rear setback is necessary to preserve protected trees and/or results in an improved site plan or more efficient design and appearance and results in landscaping in excess of the minimum required. S. Utility/infrastructure facilities. 1. Any above ground structure other than permitted telecommunication towers and utility distribution lines located on or along a rear lot line shall be screened from view by a landscaped opaque wall or fence which is at least two-thirds the height of the above ground structure and shall be landscaped with trees which will five years after installation substantially obscure the fence or wall and the above ground structure; 2. Any above ground structure other than permitted telecommunication towers and utility distribution lines located on or along a rear lot line shall be screened from view by a wall which is an extension of an architectural treatment of a principal building; 3. The design of all buildings complies with the Downtown District design guidelines in Division 5 (Ord. No , 1, ; Ord. No , 22 25, ; Ord. No , 14, ; Ord. No , 6, ; Ord. No , 1, ; Ord. No , 7, ; Ord. No , 15, 16, ) Section Flexible development. The following uses are Level Two permitted uses in the Downtown District subject to the standards and criteria set out in this section and other applicable provisions. Clearwater, Florida, Community Development Code Page 8

27 PART I - COMMUNITY DEVELOPMENT CODE ARTICLE 1. - GENERAL PROVISIONS ARTICLE 2. - ZONING DISTRICTS DIVISION 9. DOWNTOWN DISTRICT ("D") Table "D" District Flexible Development Standards Use Max. Height (ft.) Min. Off-Street Parking Alcoholic Beverage Sales per 1,000 GFA Animal Boarding 30 4 per 1,000 GFA Attached Dwellings per unit Comprehensive Infill Redevelopment Project n/a Determined by the community development coordinator based on the specific use and/or ITE Manual standards Educational Facilities /1000 GFA Governmental Uses per 1,000 GFA Indoor Recreation/Entertainment Facility per 1,000 GFA(1) Limited Vehicle Sales and Display per 1,000 GFA Marinas and Marina Facilities 30 1 space per 2 slips Mixed Use Based upon specific use requirements Nightclubs per 1,000 GFA Offices per 1,000 GFA(1) Overnight Accommodations per unit Public Facilities per 1,000 GFA Clearwater, Florida, Community Development Code Page 9

28 PART I - COMMUNITY DEVELOPMENT CODE ARTICLE 1. - GENERAL PROVISIONS ARTICLE 2. - ZONING DISTRICTS DIVISION 9. DOWNTOWN DISTRICT ("D") Restaurants per 1,000 GFA(1) Retail Sales and Service per 1,000 GFA(1) Social/Public Service Agencies per 1,000 GFA Telecommunication Towers Refer to Section n/a Veterinary Offices 30 4 per 1,000 GFA (1) For those existing buildings/properties with frontage on Cleveland Street that are located between Osceola Avenue and Myrtle Avenue that have no existing off-street parking spaces, nor the ability to provide any off-street parking spaces, the use(s) of the buildings/properties may be changed without the off-street parking that would otherwise be required for the change of use being provided. Flexibility criteria: A. Alcoholic beverage sales: 1. Height: a. The parcel proposed for development is located to the west of Myrtle, south of Drew and north of Court; b. The increased height results in an improved site plan and/or improved design and appearance; 2. All street frontage is designed and used for commercial purposes; 3. Off-street parking: a. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or the physical context, including adjacent buildings and uses are such that there is a high probability that patrons will use modes of transportation other than the automobile to access the use; b. Adequate parking is available on a shared basis as determined by all existing land uses within 1,000 feet of the parcel proposed for development, or any parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 2, Division 14. Clearwater, Florida, Community Development Code Page 10

29 PART I - COMMUNITY DEVELOPMENT CODE ARTICLE 1. - GENERAL PROVISIONS ARTICLE 2. - ZONING DISTRICTS DIVISION 9. DOWNTOWN DISTRICT ("D") 4. The design of all buildings complies with the Downtown District design guidelines in Division 4 B. Animal Boarding. 1. The parcel is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas. 2. The use of the parcel does not involve animal confinement facilities that are open to the outside. 3. Animals may have supervised outdoor exercise but only between 7:00 a.m. 9:00 p.m. In no case shall animals be left unsupervised while outdoors. 4. Accessory boarding facilities shall contain waste control facilities and an air-handling system for disinfection and odor control. 5. The design of all buildings complies with the Downtown District design guidelines in Division 5 C. Attached dwellings. 1. Height: a. The parcel proposed for development is located to the west of Myrtle, south of Drew and north of Court; b. The increased height results in an improved site plan and/or improved design and appearance; c. The height may be increased to one hundred and fifty feet (150') if the parcel proposed for development fronts on Clearwater Bay or is only separated from Clearwater Bay by a public open space or right-of-way. 2. All street frontage is designed and used for commercial purposes or is designed so that the attached dwellings function in a way which will contribute to an active urban street environment; 3. Off-street parking: a. The physical characteristics of the proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building for storage or other non-parking demandgenerating purposes or that the nature of the individual dwelling units and their location is likely to lead to dependency on non-automobile modes of transportation; b. Adequate parking is available on a shared basis as determined by all existing land uses within one thousand (1,000) feet of the parcel proposed for development, or parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 3, Division The design of all buildings complies with the Downtown District design guidelines in Division 5 D. Comprehensive infill redevelopment projects. 1. The development or redevelopment is otherwise impractical without deviations from the use and/or development standards set forth in this zoning district; 2. The development or redevelopment will be consistent with the goals and policies of 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; Clearwater, Florida, Community Development Code Page 11

30 PART I - COMMUNITY DEVELOPMENT CODE ARTICLE 1. - GENERAL PROVISIONS ARTICLE 2. - ZONING DISTRICTS DIVISION 9. DOWNTOWN DISTRICT ("D") 3. The development or redevelopment will not impede the normal and orderly development and improvement of surrounding properties; 4. Adjoining properties will not suffer substantial detriment as a result of the proposed development; 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 the following objectives: a. The proposed use is permitted in this zoning district as a minimum standard, flexible standard or flexible development use; 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; c. The development proposal accommodates the expansion or redevelopment of an existing economic contributor; d. The proposed use provides for the provision of affordable housing; e. The proposed use provides for development or redevelopment in an area that is characterized by other similar development and where a land use plan amendment and rezoning would result in a spot land use or zoning designation; or f. The proposed use provides for the development of a new, and/or preservation of a working waterfront use. 6. Flexibility with regard to use, lot width, required setbacks, height and off-street 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. Clearwater, Florida, Community Development Code Page 12

31 PART I - COMMUNITY DEVELOPMENT CODE ARTICLE 1. - GENERAL PROVISIONS ARTICLE 2. - ZONING DISTRICTS DIVISION 9. DOWNTOWN DISTRICT ("D") E. Educational facilities. 1. The parcel proposed for development fronts on a road with at least four lanes. 2. The proposed development does not have an accessway which connects to a local street at a point more than 100 feet from the four lane road on which the parcel proposed for development fronts. 3. Height: The increased height results in an improved site plan and/or improved design and appearance. F. Governmental uses. 1. Height: a. The parcel proposed for development is located to the west of Myrtle, south of Drew and north of Court; b. The increased height results in an improved site plan and/or improved design and appearance; 2. All street frontage is designed and used for commercial purposes or comparable governmental service purposes; 3. Off-street parking: a. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building for storage or other non-parking demandgenerating purposes or the physical context, including adjacent buildings and uses are such that there is a high probability that patrons will use modes of transportation other than the automobile to access the use; b. Off-street parking: Adequate parking is available on a shared basis as determined by all existing land uses within 1,000 feet of the parcel proposed for development, or parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 3, Division The design of all buildings complies with the Downtown District design guidelines in Division 5 G. Indoor recreation/entertainment facility. 1. Off-street parking: a. Adequate parking is available on a shared basis as determined by all existing land uses within 1,000 feet of the parcel proposed for development, or parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 3, Division 14; b. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or the physical context, including adjacent buildings and uses are such that there is a high probability that patrons will use modes of transportation other than the automobile to access the use. 2. Height: a. The parcel proposed for development is located to the west of Myrtle, south of Drew and north of Court; Clearwater, Florida, Community Development Code Page 13

32 PART I - COMMUNITY DEVELOPMENT CODE ARTICLE 1. - GENERAL PROVISIONS ARTICLE 2. - ZONING DISTRICTS DIVISION 9. DOWNTOWN DISTRICT ("D") b. The increased height results in an improved site plan and/or improved design and appearance. H. Limited vehicle sales/display. 1. The use of the parcel proposed for development shall be located in an enclosed structure. 2. The use of the parcel proposed for development shall have no outdoor displays. 3. No vehicle service shall be provided on the parcel proposed for development. 4. Off-street parking: a. Adequate parking is available on a shared basis as determined by all existing land uses within 1,000 feet of the parcel proposed for development, or parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 3, Division 14; b. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building will be used for storage or other non-parking demand-generating purposes. I. Marinas and marina facilities. 1. The parcel proposed for development is not located in areas identified in the Comprehensive Plan as areas of environmental significance including: a. The north end of Clearwater Beach; b. Clearwater Harbor grass beds; c. Cooper's Point; d. Clearwater Harbor spoil islands; e. Sand Key Park; f. The southern edge of Alligator Lake. 2. No commercial activities other than the mooring of boats on a rental basis shall be permitted on any parcel of land which is contiguous to a parcel of land which is designated as residential in the Zoning Atlas, unless the marina facilities are totally screened from view from the contiguous land which is designated as residential and the hours of operation of the commercial activities are limited to the time period between sunrise and sunset; and 3. The design of all buildings complies with the Downtown District design guidelines in Division 5 4. All marina facilities shall comply with the commercial dock requirements set forth in Section C.3 and the marina and marina facilities requirements set forth in Section J. Mixed use. 1. Height: The increased height results in an improved site plan and/or improved design and appearance; 2. Off-street parking: a. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or the physical context, including adjacent buildings and uses are such that there is a high Clearwater, Florida, Community Development Code Page 14

33 PART I - COMMUNITY DEVELOPMENT CODE ARTICLE 1. - GENERAL PROVISIONS ARTICLE 2. - ZONING DISTRICTS DIVISION 9. DOWNTOWN DISTRICT ("D") probability that patrons will use modes of transportation other than the automobile to access the use; b. Adequate parking is available on a shared basis as determined by all existing land uses within 1,000 feet of the parcel proposed for development or parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 2, Division 14; 3. The design of all buildings complies with the Downtown District design guidelines in Division 5 K. Nightclubs. 1. Height: a. The parcel proposed for development is located to the west of Myrtle, south of Drew and north of Court; b. The increased height results in an improved site plan and/or improved design and appearance; 2. All street frontage is designed and used for commercial purposes; 3. Off-street parking: a. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or the physical context, including adjacent buildings and uses are such that there is a high probability that patrons will use modes of transportation other than the automobile to access the use; b. Adequate parking is available on a shared basis as determined by all existing land uses within 1,000 feet of the parcel proposed for development or parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 3, Division The design of all buildings complies with the Downtown District design guidelines in Division 5 L. Offices. 1. Height: a. The parcel proposed for development is located to the west of Myrtle, south of Drew and north of Court; b. The increased height results in an improved site plan and/or improved design and appearance; 2. All street frontage is designed and used for commercial purposes; 3. Off-street parking: Adequate parking is available on a shared basis as determined by all existing land uses within 1,000 feet of the parcel proposed for development, or parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 3, Division 14; 4. The design of all buildings complies with the Downtown District design guidelines in Division 5 M. Overnight accommodations. Clearwater, Florida, Community Development Code Page 15

34 PART I - COMMUNITY DEVELOPMENT CODE ARTICLE 1. - GENERAL PROVISIONS ARTICLE 2. - ZONING DISTRICTS DIVISION 9. DOWNTOWN DISTRICT ("D") 1. Height: a. The parcel proposed for development is located to the west of Myrtle, south of Drew and north of Court; b. The increased height results in an improved site plan and/or improved design and appearance; 2. All street frontage is designed and used for commercial purposes; 3. Off-street parking: Adequate parking is available on a shared basis as determined by all existing land uses within 1,000 feet of the parcel proposed for development, or parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 3, Division 14; 4. The design of all buildings complies with the Downtown District design guidelines in Division 5 N. Public facilities. 1. Height: a. The parcel proposed for development is located to the west of Myrtle, south of Drew and north of Court; b. The increased height results in an improved site plan and/or improved design and appearance; 2. All street frontage is designed and used for governmental customer service purposes or is designed and/or screened to contribute to an active urban street environment; 3. Off-street parking: a. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or the physical context, including adjacent buildings and uses are such that there is a high probability that patrons will use modes of transportation other than the automobile to access the use; b. Adequate parking is available on a shared basis as determined by all existing land uses within 1,000 feet of the parcel proposed for development, or parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 3, Division The design of all buildings complies with the Downtown District design guidelines in Division 5 O. Restaurants. 1. Height: a. The parcel proposed for development is located to the west of Myrtle, south of Drew and north of Court; b. The increased height results in an improved site plan and/or improved design and appearance; 2. All street frontage is designed and used for commercial purposes; 3. Off-street parking: Clearwater, Florida, Community Development Code Page 16

35 PART I - COMMUNITY DEVELOPMENT CODE ARTICLE 1. - GENERAL PROVISIONS ARTICLE 2. - ZONING DISTRICTS DIVISION 9. DOWNTOWN DISTRICT ("D") a. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or the physical context, including adjacent buildings and uses are such that there is a high probability that patrons will use modes of transportation other than the automobile to access the use; b. Adequate parking is available on a shared basis as determined by all existing land uses within 1,000 feet of the parcel proposed for development, or parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 3, Division The design of all buildings complies with the Downtown District design guidelines in Division 5 P. Retail sales and services. 1. Height: a. The parcel proposed for development is located to the west of Myrtle, south of Drew and north of Court; b. The increased height results in an improved site plan and/or improved design and appearance. 2. Off-street parking: a. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or the physical context, including adjacent buildings and uses are such that there is a high probability that patrons will use modes of transportation other than the automobile to access the use; b. Adequate parking is available on a shared basis as determined by all existing land uses within 1,000 feet of the parcel proposed for development, or parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 3, Division The design of all buildings complies with the Downtown District design guidelines in Division 5 Q. Social/public service agencies. 1. Height: a. The parcel proposed for development is located to the west of Myrtle, south of Drew and north of Court. b. The increased height results in an improved site plan and/or improved design and appearance. 2. All street frontage is designed and used for customer service purposes or is designed and/or screened to contribute to an active street environment; 3. Off-street parking: a. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or the physical context, including adjacent buildings and uses are such that there is a high Clearwater, Florida, Community Development Code Page 17

36 PART I - COMMUNITY DEVELOPMENT CODE ARTICLE 1. - GENERAL PROVISIONS ARTICLE 2. - ZONING DISTRICTS DIVISION 9. DOWNTOWN DISTRICT ("D") probability that patrons will use modes of transportation other than the automobile to access the use. b. Adequate parking is available on a shared basis as determined by all existing land uses within 1,000 feet of the parcel proposed for development, or parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 3, Division The design of all buildings complies with the Downtown District design guidelines in Division 5 5. The parcel proposed for development does not abut any property designated as residential in the Zoning Atlas. 6. The social/public service agency shall not be located within 1,000 feet of another social/public service agency. R. Telecommunication towers. 1. No telecommunication tower is located on Clearwater Beach. 2. If the telecommunication tower is located within a scenic corridor designated by the City of Clearwater or a scenic noncommercial corridor designated by the Pinellas Planning Council, the applicant must demonstrate compliance with the design criteria in those designations. 3. The design and construction of the telecommunication tower complies with the standards in Article 3 Division 21 S. Veterinary offices. 1. The parcel proposed for development is not contiguous to a parcel of land, which is designated as residential in the Zoning Atlas; 2. Boarding of animals shall only be allowed if accessory to a veterinary office and/or grooming business; 3. The use of the parcel proposed for development does not involve animal confinement facilities that are open to the outside; 4. Animals may have supervised outdoor exercise but only between 7:00 a.m. - 9:00 p.m. In no case shall animals be left unsupervised while outdoors; 5. Accessory boarding facilities shall contain waste control facilities and an air-handling system for disinfection and odor control; and 6. Design: The design of all buildings complies with the Downtown District design guidelines in Division 5 (Ord. No , 1, ; Ord. No , 26, ; Ord. No , 3, ; Ord. No , 10, ; Ord. No , 6, 7, ; Ord. No , 7, ; Ord. No , 2, ; Ord. No , 17, 18, ) Clearwater, Florida, Community Development Code Page 18

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