Legislation Details

File #: 26-1564A    Version: 1
Type: Zoning / Land Use and Related Item Status: Public Hearing
File created: 9/10/2026 Department: Board of County Commissioners
On agenda: 10/27/2026 Final action:
Title: Case No. FLU-26-02 (James Hamilton, DXD Capital) A request for a Future Land Use Map amendment from Residential/Office/Retail (4.16 acres) and Preservation (0.66 acre) to Commercial General (4.12 acres) and Preservation (0.70 acre) covering approximately 4.82 acres located at 28870, 28880, 28882, and 28910 U.S. Highway 19 North in unincorporated Clearwater.
Attachments: 1. Ordinance, 2. LPA Staff Report, 3. Case Maps, 4. Impact Assessment, 5. Traffic Analysis, 6. Business Impact Estimate, 7. Development Agreement, 8. Non-buildable Area, 9. Preservation Area, 10. Application Narrative, 11. Letter of Intent, 12. Survey, 13. Legal Description, 14. Certificate of Ownership, 15. Legal Ad, 16. Legal Ad Map, 17. Presentation, 18. Electronic Affidavit of Publication
Related files: 26-1561A

Subject:

Title

Case No. FLU-26-02 (James Hamilton, DXD Capital)
A request for a Future Land Use Map amendment from Residential/Office/Retail (4.16 acres) and Preservation (0.66 acre) to Commercial General (4.12 acres) and Preservation (0.70 acre) 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. FLU-26-02 is recommended for approval:

 

An ordinance approving the application of James Hamilton, DXD Capital, for a change in land use from Residential/Office/Retail (ROR) (4.16 acres) and Preservation (P) (0.66 acre) to Commercial General (CG) (4.12 acres) and P (0.70 acre) covering approximately 4.82 acres.

 

•                     The applicant is seeking a Future Land Use Map (FLUM) amendment on 4.82 acres of property fronting U.S. Highway 19 North.

•                     The request would allow redevelopment of four contiguous parcels into a self-storage facility, and drainage improvements.

•                     A companion Development Agreement request (Case No. DVA-26-02) is also proposed that would:

o                     Establish and map non-buildable (environmentally sensitive) areas;

o                     Establish a conservation easement; and

o                     Limit the subject property’s impervious surface ratio (ISR) to 0.70.

•                     The Development Agreement would also 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 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 0.9 miles south of Curlew Road and one (1) mile north of SR-580 (Main Street).  The north parcel currently contains a 9,376 square foot vacant restaurant building (former Hamburger Mary’s) constructed in 1985, the middle parcel is a surface parking lot, the southeast parcel has a 3,920 square foot strip retail structure built in 1991, and the southwest parcel contains a 57,272 square foot multi-story office building constructed in 1988. Curlew Creek crosses the subject property generally from the southeast to the northwest and is partially within a culvert.

The subject property is primarily designated Residential/Office/Retail (R/O/R) on the Future Land Use Map (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 mix of uses. Property immediately to the north of the subject property is also designated mostly R/O/R with a small strip of P at the far west end, as is property immediately to the south along US-19, across Boy Scout Road.  Property directly across US-19 to the east includes a mix of R/O/R, Commercial General (CG), and P.  Property adjacent to the west is designated Residential Urban (RU) and P.

The contract purchasers of the subject property 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, the applicants are requesting a FLUM amendment to CG. 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. Via a proposed companion Development Agreement (case # DVA-26-02), the ISR of the subject property will be limited to 0.70, which is less than both the current R/O/R and proposed CG land use categories.  This is being proposed to prevent the increase in ISR afforded by the CG land use category. The proposed Development Agreement also restricts the developable area of the property and requires a conservation easement on non-buildable areas. Approval of the companion Development Agreement is subject to approval of this FLUM amendment.

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 the Doral Village 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 existing office building on the site is much closer to the mobile home park than any future structure will be.

The subject property is not within the Coastal High Hazard Area (CHHA) or the Coastal Storm Area (CSA); 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 FLUM amendment will allow redevelopment of the subject property in a manner that is consistent with the land use character along US-19 and will assist in bringing the property up to modern zoning and development standards. Primarily through the companion Development Agreement, future development will be concentrated on the northeast portion of the site adjacent to US-19 away from much of Curlew Creek, the 25-year floodplain, and the mobile home park to the west.  Also, it 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, and extensive impervious parking areas will be removed. Staff find that the proposed FLUM amendment is consistent with the County Comprehensive Plan and recommend approval.

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Background Information:

The LPA recommended approval of the request during its September 9, 2026, public hearing (Vote six-zero (6-0).

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:

Ordinance
LPA Staff Report
Case Maps
Impacts Assessment
Traffic Analysis
Business Impact Estimate
Development Agreement
Preservation Area Map
Non-Buildable Area Map
Application Narrative
Letter of Intent
Survey
Legal Description
Certification of Ownership
Legal Ad
Legal Ad Map
Staff Presentation