Subject:
Title
Case No. DVA-26-02 (James Hamilton, DXD Capital)
A request for a Development Agreement that limits the buildable area, limits the maximum impervious surface ratio to 0.70, and requires a conservation easement on certain areas of the property covering approximately 4.82 acres located at 28870, 28880, 28882, and 28910 U.S. Highway 19 North in unincorporated Clearwater.
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Recommended Action:
Recommended Action
Based upon the evidence and findings contained in the staff report and attachments, Case No. DVA-26-02 is recommended for approval:
A resolution approving the application of James Hamilton, DXD Capital, for a Development Agreement that limits the buildable area, limits the maximum impervious surface ratio (ISR) to 0.70, and requires a conservation easement on certain areas of the subject property.
• The applicant is seeking a Development Agreement on 4.82 acres of property fronting U.S. Highway 19 North.
• The Development Agreement would limit where future development could occur on the property, which is covered by the 100-year floodplain and partially within the 25-year floodplain.
• The intent is to reduce potential impacts to the floodplain and improve current site conditions.
• The proposed future use is a self-storage facility.
• A companion Future Land Use Map (FLUM) amendment request (Case No. FLU-26-02) is also proposed.
• The Local Planning Agency recommended approval of the request (Vote six -zero.
o No one from the public appeared in favor or opposition.
o No correspondence was received.
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Strategic Priorities:
Prosperity and opportunity
3.3 Increase workforce opportunities.
3.5 Foster business growth.
Summary:
Summary
The subject property consists of four (4) parcels totaling 4.82 acres located at 28870, 28880, 28882, and 28910 US 19 in unincorporated Clearwater. It is on the west side of US-19 approximately halfway between Curlew Road and SR-580. The site currently contains a vacant restaurant building, a strip retail structure, a multi-story office building, and surface parking. Curlew Creek crosses it generally from the southeast to the northwest and is partially within a culvert. The property is primarily designated Residential/Office/Retail (R/O/R) on the FLUM with a strip of Preservation (P) running diagonally across following the course of Curlew Creek. It is zoned entirely Commercial Parkway (CP). The land use and zoning designations allow for a broad mix of uses.
The applicants are proposing to demolish all the existing structures and redevelop the property as a self-storage facility, which is not an allowable use in the R/O/R land use category. As a result, they are requesting a FLUM amendment to Commercial General (CG) via companion case # FLU-26-02. While CG allows self-storage facilities, it also allows a higher maximum ISR than R/O/R (0.75 vs. 0.90). ISR is a measure of intensity of hard surfaced development on a site (e.g., buildings, parking lots, etcetera). It is calculated by dividing the square footage of the area of all impervious surfaces on the site by the square footage of net land area. ISR is particularly significant on the subject property because of Curlew Creek and the fact that it is partially within the 25-year floodplain. An important purpose of the proposed Development Agreement is to prevent the increase in ISR afforded by the CG land use category. It limits the maximum ISR to 0.70, which is less than the maximum allowed under the existing R/O/R land use category. Approval of the Development Agreement is subject to approval of the companion FLUM amendment.
To further help protect the floodplain, the Development Agreement also limits the buildable area of the property and requires a conservation easement to be in place over the non-buildable areas prior to final certificate of occupancy for the project. The non-buildable area represents the non-culverted section of Curlew Creek (which will remain Preservation on the FLUM) and generally includes 25-foot-wide setbacks from the top of bank on both sides of the creek. The total size of the non-buildable area is approximately 62,500 square feet (1.43 acres), which is almost 30.0% of the subject property. The Development Agreement does not limit the property to a specific use as a wide range of uses are appropriate on the subject property given its location along US-19. Any future redevelopment under the CG land use category would be bound by the requirements of the Development Agreement, whether it is a self-storage facility or another allowable use. Because the existing CP zoning district allows self-storage facilities, no companion zoning change is required or proposed.
The subject property is surrounded by nonresidential uses on three (3) sides. An office complex is to the north, a strip retail center and offices are to the south across Boy Scout Road, and a strip retail center and a recently built self-storage facility are to the east across US-19. Notably, the property with the self-storage facility to the east also went through a land use amendment from R/O/R to CG back in 2019. To the west of the subject property is the southeast corner of a large mobile home park. Due to the location of the non-buildable area, much of the future development will concentrate on the northeast portion of the subject property and away from the residential to the west.
The subject property is not within the Coastal High Hazard Area (CHHA); however, it is within the 100-year floodplain and partially within the 25-year floodplain. The non-buildable area required by the Development Agreement will help minimize impacts on the 25-year floodplain. Any impacts that do occur on the floodplain will have on-site compensatory requirements that will be administered during site plan review and permitting.
In conclusion, the proposed Development Agreement will reduce potential impacts on the floodplain and will improve current site conditions on the subject property. Three (3) underutilized existing buildings will be demolished, extensive impervious parking areas will be removed, and future development will be concentrated on the northeast portion of the site adjacent to US-19 away from the residential use to the west and much of Curlew Creek and the 25-year floodplain. The restrictions and requirements of the Development Agreement will ‘run with the land’ and remain in place under any future ownership changes or redevelopment projects under the CG future land use category. Because of the overall betterment of site conditions and reduced impact on the floodplain, staff find that the proposed Development Agreement is consistent with the County Comprehensive Plan and recommends its approval, subject to the approval of the companion FLUM amendment request.
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Background Information:
The LPA recommended approval of the request during its September 9, 2026, public hearing (Vote six (6)- zero (0)).
Surrounding property owners within 250 feet of the subject property were notified by mail and a sign advertising the public hearing was posted on the subject property.
Fiscal Impact:
N/A.
Staff Member Responsible:
Gregg Mims, Director, Housing and Community Development
Glenn Bailey, Planning Manager, Housing and Community Development, presenter
Partners:
N/A.
Attachments:
Resolution
LPA Report
Development Agreement
Case Maps
Legal Description
Certifications of Ownership
Survey
Preservation Area Map
Non-Buildable Area Map
Application Justification
Letter of Intent
Legal Ad
Legal Ad Map
Presentation