FLD2009-10038 - 27001 US HWY 19 N - ATOMIC TATTOOS LLCFLD2009-10038
27001 US HIGHWAY 19 N
ATOMIC TATTOOS LLC
PLANNER OF RECORD: MJJ
ATLAS # 221 B
ZONING: C
LAND USE: CG
RECEIVED: 10/02/2009
INCOMPLETE:
COMPLETE:
MAPS
PHOTOS:
STAFF REPORT:
DRC:
CDB:
CLWCoverSheet
CDB Meeting Date: December 15, 2009
Case Number: FLD2009-10038
Agenda Item: D. 2.
Owner: Bellwether Property FL, c/o Westfield Property
Applicant: Atomic Tattoos
Representative: Clay Montgomery
Address: 27001 U.S. Highway 19 North
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
GENERAL INFORMATION:
REQUEST: Flexible Development approval to permit a problematic use (tattoo
parlor) in the Commercial (C) District within an existing shopping
center and no changes to the building height, structure setbacks
parking or building as a Comprehensive Infill Redevelopment
Project, under the provisions of Community Development Code
Section 2-704.M.
CURRENT ZONING: Commercial (C) District
CURRENT FUTURE
LAND USE CATEGORY: Commercial General (CG) Category
PROPERTY USE: Current Use: Retail Sales and Services
Proposed Use: Problematic Use (Tattoo Parlor)
EXISTING North: Commercial (C) District
SURROUNDING Retail Sales and Service
ZONING AND USES: South: Commercial (C) and Medium High Density Residential
(MHDR) Districts
Retail Sales and Services and Attached Dwellings
East: Institutional (I), Medium Density Residential (MDR) and
Low Medium Density Residential (LMDR) Districts
Detached Dwellings
West: Commercial (C) and Office (O) Districts
Retail Sales and Services and Office
ANALYSIS:
Site Location and Existing Conditions:
The 22.95 acre subject property is located at the northeast corner of US Highway 19 N and
Countryside Boulevard. The site currently operates as the Westfield Countryside Shopping Mall
and has done so since prior to the adoption of the Community Development Code (CDC) in
1999. It is noted that the building, off-street parking area and landscaping are nonconforming
Community Development Board -December 15, 2009
FLD2009-10038 -Page lof 6
with regard to building height and setbacks to pavement as well as foundation, perimeter and
interior landscaping.
Development Proposal:
On October 2, 2009, a Comprehensive Infill Redevelopment Project application was submitted
for the subject property. The application proposes to establish a tattoo parlor (Atomic Tattoos) in
an existing tenant space (#1073) within the Westfield Countryside Shopping Center. According
to information provided to the City by Atomic Tattoos, the sale and creation of the tattoos
comprises more than 25 percent of the retail operations performed; therefore, pursuant to CDC
Section 8-102 the tattoo parlor is considered a problematic use and approval through the
Comprehensive Infill Redevelopment process is necessary.
The building in which Atomic Tattoos is proposing to locate is the primary building in the
Westfield Countryside Shopping Mall complex, which as previously stated has been in use prior
to the adoption date of the current Code. As was also previously noted, the proposal does not
contain any changes to either the existing shopping center building or the off-street parking area
and therefore there will not have an impact upon the F.A.R., I.S.R., minimum lot area/size,
maximum building height, minimum setback development standards or off-street parking
requirements of the Code. While the subject building does meet required building setbacks, there
exist the aforementioned non-conformities. However, to require the site to come into full Code
compliance to accommodate a proposed change of use for an existing tenant space would be
impractical and inappropriate.
Flexibility Criteria -Problematic Uses: Pursuant to CDC Section 2-704.M, problematic uses
are permitted within the Commercial (C) District provided the following Flexibility Criteria are
met:
1. Location:
a. The parcel proposed for development is not contiguous to a parcel of land which is
designated as residential in the Zoning Atlas; and
b. The use is not located within S00 feet of another problematic use.
The subject property is not contiguous to any parcels of land that are designated as residential
within the Zoning Atlas. Specifically, the property is surrounded by various rights-of--way
and does not abut any other parcel. Furthermore, the property is not located within 500 feet
of another problematic use. Based upon the above, the development proposal is consistent
with this criterion.
2. Design:
a. The building in which the use is located is painted or otherwise finished in materials and
colors which are muted; and
b. There are no security bars on the outside of doors or windows which are visible from a
public right-of--way.
Community Development Board -December 15, 2009
FLD2009-10038 -Page 2of 6
The exterior color scheme of the Mall consists of muted colors such as tan and gray. There
are no security bars on the outside of doors or windows which are visible from a public right-
of-way. All security bars are used on the interior store fronts each close of business day.
3. Signs: Any signage which has a height of greater than six feet is a part of a comprehensive
sign program.
The only signage that will be proposed is interior signage.
4. The building in which the use is located is a building which is conforming to all current land
development and building regulations.
As previously discussed, Atomic Tattoos will occupy an interior storefront of the Westfield
Countryside Shopping Mall. Any non-conformities to the subject property existed at the date
of adoption of the current Code.
S. Front Setback: The reduction in front setback results in an improved site plan or improved
design and appearance.
This criterion is not applicable as no deviation to the front setback has been requested or is
necessary as part of this Flexible Development request.
6. Rear Setback:
a. The reduction in rear setback does not prevent access to the rear of any building by
emergency vehicles; and
b. The reduction in rear setback results in an improved site plan, more efficient parking, or
improved design and appearance and landscaped areas are in excess of the minimum
required.
This criterion is not applicable as no deviation to the rear setback has been requested or is
necessary as part of this Flexible Development request.
Based upon the above and subject to the attached condition of approval, the development
proposal will be consistent with the Flexibility Criteria to permit a problematic use within the
Commercial (C) District as per CDC Section 2-704.M.
Compliance with Standards and Criteria (CDC Section 2-701.1): The development proposal
to establish a problematic use (tattoo parlor) at the subject property will not have an impact on
the standards and criteria as they pertain to impervious service ratio, lot area, lot width, height,
setbacks and off-street parking.
General Applicability Standards (CDC Section 3-913.A): The following table depicts the
development proposals level of consistency with the General Applicability Standards as set forth
in CDC Section 3-913.A:
Community Development Board -December 15, 2009
FLD2009-10038 -Page 3of 6
Consistent Inconsistent
1. The proposed development of the land will be in harmony with the scale, bulk, X
coverage, density and character of adjacent properties in which it is located.
2. The proposed development will not hinder or discourage development and use X
of adjacent land and buildings or significantly impair the value thereof.
3. The proposed development will not adversely affect the health or safety of X
persons residing or working in the neighborhood.
4. The proposed development is designed to minimize traffic congestion. X
5. The proposed development is consistent with the community character of the X
immediate vicinitq.
6. The design of the proposed development minimizes adverse effects, including X
visual, acoustic and olfactory and hours of operation impacts on adjacent
Code Enforcement Analysis: There is no outstanding code enforcement issue associated with
this site.
SUMMARY AND RECOMMENDATION:
The Development Review Committee (DRC) reviewed the application and supporting materials
at its meeting of November 5, 2009, and deemed the development proposal to be sufficient to
move forward to the Community Development Board (CDB), based upon the following findings
of fact and conclusions of law:
Findings of Fact: The Planning Department, having reviewed all evidence submitted by the
applicant and requirements of the Community Development Code, finds that there is substantial
competent evidence to support the following findings of fact:
1. That the 22.95-acre subject property is located within the Commercial (C) District and the
Commercial General (CG) Future Land Use Plan category;
2. That the site is currently operates as the Westfield Countryside Shopping Mall and has done
so since prior to the adoption of the Community Development Code (CDC) in 1999;
3. That the proposal is to permit a problematic use (tattoo parlor) within an existing tenant space
of the existing main shopping center building with no increase in floor area;
4. That the building, off-street parking area and landscaping are non-conforming with regard to
building height and setbacks to pavement as well as foundation, perimeter and interior
landscaping;
5. The proposal has no impact upon the following development standards: F.A.R., I.S.R.,
minimum lot area/size, maximum building height or off-street parking requirements as they
presently exist; and
6. That there is no outstanding Code Enforcement issue with subject property.
Conclusions of Law: The Planning and Development Department, having made the above
findings of fact, reaches the following conclusions of law:
1. That the development proposal has been found to be in compliance with the Standards and
Criteria pursuant to CDC Section 2-701.1;
Community Development Board -December 15, 2009
FLD2009-10038 -Page 4of 6
2. That the development proposal has been found to be in compliance with the Flexibility
Criteria for a Problematic Use pursuant to CDC Section 2-704.M; and
3. That the development proposal has been found to be in compliance with the General
Applicability Criteria pursuant to CDC Section 3-913.A.
Based upon the above, the Planning and Development Department recommends APPROVAL of
the Flexible Development application to permit a problematic use (tattoo parlor) in the
Commercial (C) District within an existing shopping center and no changes to the building
height, structure setbacks parking or building as a Comprehensive Infill Redevelopment Project,
under the provisions of Community Development Code Section 2-704.M., with the following
condition of approval:
Condition of Approval:
1. That the Business Tax receipt be applied for within one year of the approval of this
application (December 15, 2010).
Prepared by: Planning and Development Department Staff:
Matthe ckson, Planner II
ATTACHMENTS: Location Map; Aerial Map; Zoning Map; Existing Surrounding Uses Map; and Application
S: (Planning DepartmentlC D BIFLEX (FLD) (Pending cases) Up for the next CDBI US Hwy 19 N -Atomic Tattoos - (C) - 2009.12 - 12.15.09
CDB - MJl US Hwy 19 N -Atomic Tattoos - (C) - 2009.12 -Staff Report - MJ. doc
Community Development Board -December 15, 2009
FLD2009-10038 -Page Sof 6
Matthew Jackson
100 South Myrtle Avenue
Clearwater, Florida 33756
(727)562-4836
matthew. i ackson(a~myclearwater.com
PROFESSIONAL EXPERIENCE
^ Planner II
City of Clearwater, Clearwater, Florida October 2008 to Present
Regulate growth and development of the City in accordance with land resource ordinances and
regulations related to community development. Landscape plan review including: conceptual, and
variance. Reviews and analyzes site plans and conducts field studies to determine the integrity of
development plans and their compatibility with surroundings. Interdepartmental and zoning
assistance. Respond as a City representative to citizens, City officials, and businesses concerning
ordinances and regulations. Make recommendations and presentations at staff level at various review
committees, boards, and meetings.
^ Planner I
Calvin-Giordano and Associates, Fort Lauderdale, Florida May 2005 to December 2007
Project manager for various development applications such as plat, site plan, rezoning and variances.
In-depth government agency, in-house and client coordination to ensure that the projects maintained
submittal schedules stayed within budget constraints and attained approval. Schedule and lead
project kick-off meetings, ensure municipal project conditions were resolved, produce supporting
documents and make site visits as well. Research and prepare due diligence reports including subject
matter such as zoning, land uses, densities, available public utilities and land development costs.
Member of emergency mitigation committee formed to prepare and mitigate for natural or man-made
disasters affecting Calvin, Giordano and Associates and local municipalities.
^ Manager
Church Street Entertainment, Orlando, Florida September 1999 to February 2004
Supervised and managed daytime and nighttime operations of a bar and nightclub entertainment
complex including 100+ staff. Conducted hiring and training operations including security and
inventory control. Managed and reconciled nightly gross revenues as well as preparing and
delivering deposits. Assisted in taking inventory and preparing weekly inventory orders, marketing
and special events.
^ Linguist
US Army, Fort Campbell, KY October 1991 to October 1995
Maintain fluency in the Arabic language and knowledge of customs and culture as well as military
readiness for possible deployments or training operations. Co-managed intelligence gathering
operation in Haiti including coordination between multiple Special Forces units and civilian
authorities. Interpreter between U.S. and Egyptian soldiers during training exercises. Liaison
between Special Forces battalions to coordinate certification training.
EDUCATION
^ Master of Arts, Urban and Regional Planning, Florida Atlantic University, 2007
^ Bachelor of Arts, Urban and Regional Planning, Rollins College, 2004
Community Development Board -December 15, 2009
FLD2009-10038 -Page 6of 6
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EXISTING
Owner: Atomic Tattoos Case: FLD2009-10038
Site: 27001 US Highway 19 N Property Size:
PIN: 30-28-16-00000-410-0400 Atlas Page: 221 B
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LOCATION
Owner: Atomic Tattoos Case: FLD2009-10038
Site: 27001 US Highway 19 N Property Size:
PIN: 30-28-16-00000-410-0400 Atlas Page: 221 B
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ZONING
Owner: Atomic Tattoos Case: FLD2009-10038
Site: 27001 US Highway 19 N Property Size:
PIN: 30-28-16-00000-410-0400 Atlas Page: 221 B
" ~ Planning Department CASE #:
~ 100 South Myrtle Avenue RECEIVED BY (staff initials):
"- ~~ ~ ~~ Clearwater, Florida 33756 DATE RECEIVED:
~ ~ ' Telephone: 727-562-4567
Fax:T27-562.4865
SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION
SUBMR 14 COPIES OF THE ORIGINAL APPLICATION -Plans and
application are required to be collated, stapled, and folded into sets
SUBMIT FIRE PRELIMARY SITE PLAN: $200.00
SUBMR APPLICATION FEE $
* NOTE:16TOTAL 8ETS OF INFORMATION REQUIRED (APPLICATIONS PLUS SITE PLAN SETS}
FLEXIBLE DEVELOPMENT APPLICATION
- (Revised 07/I 1/2008)
PLEASE TYPE OR PRINT
A. APPLICANT, PROF
APPLICANT NAME: _.~.
MAILING ADDRESS:
PHONE NUMBER:
CELL NUMBER:
PROPERTY OWNER(S):
List AU. owners on the deed
AND AGENT
Section
~ ToMtc, Th~-Mt;~_~___-_
W /~ i~l ! ! A t , M at/1-[tJ rJ D t1 L 142C~r r) ~ L. ~~71'1
` ` FAX NUMBER:
~~~~'=-•--~~/~ _ EMAIL: .C~~G,~ _Gt'~O/Y{_C.~~dOS ' G4.!~2___..
~e u ~ .~ P ~4--c.~.v o ~ ~ p~_~ ~j _ --~-1- -=~~ ---- ~esT~l F,Z a ~PQ?cl-
AGENT NAME: Q~f~T~d NS ~RN~~~-_` _..._..~Js
MAILING ADDRESS: 2? 001 (dS ~W~__-~~i_-......N____~
PHONE NUMBER: '~21 79(Q ~ ~'~U - FAX NUMBER:
CELL. NUMBER: EMAIL:
(~o
B.
PROJECT NAME:
STREET ADDRESS
PARCEL NUMBER{S):
PARCEL SIZE (acres):
LEGAL DESCRIPTION:
LOPMENT INFORMATION: (Code Section 4-202.A)
~.~,CT~~~S Ca~n~~(S~~E PROJECT VALUATION: $ ~S V d O
_~'1 60 ~ ~.aS_--.._~.~Cr.N~!~-~...~._1~°t-----_~.]1......_.~~_~~,.w~~-cv_~..~,..._~3?~.I
-752- Ifs-110110-y1a_n~r~n
PARCEL SIZE (square feet):
PROPOSED USE(S): ~R0~1~fYi LyT(L C,L~~____,-TI47'7005 Q.N~ `~D1~{_ PS,CR-LCf~-
DESCRIPTION OF REQUEST:
Specificaly ldentiy the request
(include number of unite or square
footage ofnon-residential use and all
requested Dods deviations; e.g.
reduction in required number of
-L}•i-~- ~..._1~?t`S:LF.1C~-2__QQC.~I`~-Z _J.~_`Z~-S~____
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Page I of 7
DOES THiS APPLICATION INVOLVE THE TRANSFER OF DEVELOPMENT RIGHTS R R , A PREVIOUSLY APPROVED PLANNED UNIT
DEVELOPMENT, OR A PREVIOUSLY APPROVED (CERTIFIED) SITE PLAN? YES _ N~if yes, attach a copy otthe applicable documents)
C. PROOF OF OWNERSHIP: (Code Section 4-202.A.5)
SUBMIT A COPY OF THE TITLE INSURANCE POLICY, DEED TO THE PROPERTY OR SIGN AFFIDAVIT ATTESTING OWNERSHIP
(see page ~) ,
D. WRITTEN SUBMITTAL REQUIREMENTS: (Code Section 3-913.A)
Provide complete responses to the six (6) GENERAL APPLICABILITY CRITERIA - Explain ~ each criteria is achieved, in detail:
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.
"~-~~.F w~~.t, _ 3~ Nv ~~ N ~ ~~rE c.uPr+~fE~+-t , THE p Q.o PasE7~
It sE ~ s t~ 1 `f H (~- ~i-r c c.(-t` ~2-~ c-r~ _c~ ~ _.~ rte n~ ~c,~ -
2. The proposed development will not hinder or discourage the appropriate development and use of adjacent land and buildings or signrficantiy
impair the value thereof.
~Tt1~ (_tJCf}'t(~ti t s c u I?2eNT~y___ ~EV~"~.r,P~O _ Anj ij N
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A F F c- c r-C-'~ ~3 ~ -t r~rE P Qo ~'~scD ~tsE _
3 The proposed development will not adversely affect the health or safety or persons residing or working in the neighborhood of the proposed use.
~-,-i~ wc~ ~.<d N__ is Gu2(~L'f~YC.~ __~~:~~GE?f;D __.aN~ ~ a cK~
t ~ -C(-, i H~Y}~Trt ~~ s/~-FEZ ~ _ -To . _ p~l2soN5 ~t V t, NG c~ 2. woR..v~-cNG
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4. The proposed development is designed to minimize traffic congestion.
~ (~- ~~~ t G w t.t~.- t~;c11 ~c (1 FFC'L-c rip _ pay ~ t-~ t p eo Pas ~^D
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5 The proposed development is consistent with the community character of the immediate vicinity of the parcel proposed for development.
~l~i/ Si-rt% I S CutzQ~ N~c.~.-~ >~V~LUPN -? r.?i~. "71-iE P(ZoPoSGI~
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_ _ _ __
6. The design of the proposed development minimizes adverse effects, including visual, acoustic and olfactory and hours of operation impacts, on
adjacent properties.
1 ~~~(2_C. i:.,~tt.t__ -_3E r-~a Cl-t RNG.~ _. Ta --~~-t~ __ ~. KIST( NG S(TE
c f-t ~-fz.e ~ 2~ ~ r-~ ~:Y2 ~ w ~ (.c. `~~ ~ o A p v ~2.s~ _ ~ F F~~TS ~v
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Page 2 of 7
WRITTEN SUBMITTAL REQUIREMENTS: (Flexibility Criteria)
Provide complete responses to the applicable flexibility criteria for the spedfic Use as listed in each Zoning District to which the waiver is
requested (use separate sheets as necessary) - Explain ~ each criteria is achieved, in detail:
E. STORMWATER PLAN SUBMITTAL REQUIREMENTS: (City of Clearwater Storm Drainage Design Criteria
Manual and 4-202.A.21)
A STORMWATER NARRATIVE MUST BE SUBMITTED WITH ALL APPLICATIONS. All applications that involve addi•~~n
or modification of impervious surface, including buildings, must include a stormwater plan that demonsVates compliance with the City of
Clearwater Storm Drainage Design Criteria manual. A reduction in impervious surface area does not quality as an exemption to this requirement.
If a plan is not required, the narrative shall provide an explanation as to why the site is exempt.
At a minimum, the STORMWATER PLAN shall include the following;
Existing topography extending 50 feet beyond aN property lineb
Proposed grading including finished floor elevations of all structures;
All adjacent streets and munidpal stone systems;
Proposed stortnwater detention/retention area including top of bank, toe of slope and outlet control structure;
A narrative describing the proposed stortnwater control plan including all calculations and data necessary to demonstrate compliance with
the City manual.
Proposed stortnwater detention/retention area inducting top of bank, tce of slope and outlet control structure;
Signature and seal of Fbrida Registered Professional Engineer on all plans and calculations.
COPY OF PERMIT INQUIRY LETTER OR SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (SWFWMD) PERMIT
SUBMITTAL (SWFWMD approval is required prior to issuance of City Building Permit), if applicable
ACKNOWLEDGEMENT Of STORMWATER PLAN REQUIREMENTS (Applicant must initial one of the following):
Stormwater plan as noted above is included
...
M Stormwater plan is not required and explanation narrative is attached. At a minimum, a grading plan and finished floor
t~~', ( elevations shall be provided.
CAUTION - IF APPLICATION REVIEW RESULTS IN THE REQUIREMENT FOR A STORMWATER PLAN
AND NONE HAS BEEN SUBMITTED, APPLICATION MUST BE RESUBMITTED AND SIGNIFICANT DELAY
MAY OCCUR.
Ii you have questions regarding these requirements, contact the City Public Works Administration Engineering Department at (727) 562-4750.
F. SUPPLEMENTAL SUBMITTAL REQUIREMENTS: (Code Section 4-202.A)
SIGNED AND SEALED SURVEY (including legal description of property) -One original and 1d copies;
' .{/-~ TREE SURVEY (including existing trees on site and within 25' of the adjacent site, by specles, size (DBH 4' or greater), and location,
v/'^ including drip lines and indicating trees to be removed) -please design around the existing trees;
/~/,~ TREE INVENTORY; prepared by a "certified arborist", of all Vees 4' DBH or greater, reflecting size, canopy (drip lines) and
L~ ~" condition of such trees;.
~"'j/YLOCATION MAP OF THE PROPERTY;
PARKING DEMAND STUDY in conjunction with a request to make deviations to the parking standards (ie. Reduce number of spaces).
Prior to the submittal of this application, the methodology of such study shall be approved by the Community Development Coordinator and
shatl be in accordance with accepted tratflc engineering principles. The findings of the study will be used in determining whether or not
deviations to the parking standards are approved;
tiZ~GRADING PLAN, as applicable;
PRELIMINARY PLAT, as required (Note: Building pernm~its will not be issued until evidence of recordtin~g a final plat is provided);
COPY OF RECORDED PLAT, as applicable; M ~~ ~ N ~ `~,/~ "~ - N D P4~T ~X.(S r5
f-o2 L6L-~7ranJ
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Page 3 of 7
G. SITE PLAN SUBMITTAL REQUIREMENTS: (Section 4-282.A)
SITE PLAN with the following infom~ation (not to exceed 24" x 36"):
Index sheet referencing individual sheets included in package;
North arrow;
Engjneering bar scale (minimum scale one inch equals 50 feet), and date prepared;
All dimensions;
Footprint and size of all EXISTING buildings and structures;
Footprint and size of all PROPOSED buildings and structures;
Atl required setbacks;
All existing and proposed points of access:
All required sight triangles;
Identification of environmentally unique areas, such as watercourses, wetlands, tree masses, and specimen trees, including
description and location of understory, ground cover vegetation and wildlife habitats, etc; Location of all public and private easements;
Location of all street rights-of-way within and adjacent to the site;
Location of existing public and private utilities, including fire hydrants, storm and sanitary sewer lines, manholes and lift stations, gas
and water lines;
All parking spaces, driveways, loading areas and vehicular use areas;
Depiction by shading or crosshatching of all required parking lot interior landscaped areas;
Location of all solid waste containers, recycling or trash handling areas and outside mechanical equipment and all required screening
{per Section 3-201(D)(i) and Index #701};
location of all landscape material;
Location of all onsite and otfsite storm-water management facilities;
location of all outdoor lighting fixtures;
Location of all existing and proposed sidewalks; and
Floor plan typipls of buildings for all Level Two approvals. A floor plan of each floor is required for any parking garage requiring a
Level Two approval.
51TE DATA TABLE for existing, required, and proposed development, in writtenttabular form:
EXISTING REQUIRED PROPOSED
Land area in square feet and acres;
Number of EXISTING dwelling units;
Number of PROPOSED dwelling units; _,
Gross floor area devoted to each use;
_. .. _
Parking spaces: total number, presented in tabular form with the
number ofrequired spaces;
Total paved area, including all paved parking spaces 8 driveways,
expressed in square feet 8 percentage of the paved vehicular area;
Official records book and page numbers of all existing utility
easement;
Building and structure heights;
Impermeable surface ratio (LS.R.); and
Floor area ratio (F.A.R.) for all nonresidential uses.
__ _ _
REDUCED COLOR SITE PLAN to scale (8'/: X 11};
FOR DEVELOPMENTS OVER ONE ACRE, provide the following additional information on site plan:
One-foot contours or spot elevations on site;
Offsite elevations if required to evaluate the proposed storrttwater management for the parcel;
All open space areas;
Location of all earth or water retaining walls and earth berms;
Lot lines and building lines (dimensioned};
Streets and drives (dimensioned):
Building and structural setbacks (dimensioned);
Structural overhangs;
C rpocuments antl SettinpsWerek.ferqusontDesktoplplannirg dept forms 0708~r1exiDle Development (FlD) 2008 07-17 dOt
Page 4 of 7
H. LANDSCAPING PLAN SUBMITTAL REQUIREMENTS: (Section 4-1102.A)
LANDSCAPE PLAN with the following information (not to exceed 24' x 36"):
All existing and proposed structures;
Names of abutting streets;
Drainage and retention areas including swales, side slopes and bottom elevations;
Delineation and dimensions of all required perimeter landscape buffers;
Sight visibility triangles;
Delineation and dimensions of all parking. areas including landscaping islands and curbing;
Existing trees on-site and immediately adjacent to the site, by species. size and locations, including driplines (as indicated on required
tree survey};
Location, size. and quantities of afl existing and proposed landscape materials, indicated by a key relating to the plant
schedule;
Plant schedule with a key (symbol or label) indicating the size, description, specifications, quantities, and spacing requirements o` all
existing and proposed landscape materials, including botanical and common names;
Typical planting details for trees, palms, shrubs and ground cover plants inGuding instructions, soil mixes, backfilting, mulching and
protective measures;
Interior landscaping areas hatched and/or shaded and labeled and interior landscape coverage, expressing in both square feet and
percentage covered;
Conditions of a previous development approval (e_g. conditions imposed by the Community Development Board);
Irrigation notes.
REDUCED COLOR LANDSCAPE PLAN to scale (8'/r X t 1);
COMPREHENSIVE tANDSCAPE PROGRAM application, as applicable. Landscape associated with the Comprehensive Landscape
Program shall exceed minimum Code requirements to offset the areas where minimum Code will not be met.
I. BUILDING ELEVATION PLAN SUBMITTAL REQUIREMENTS: (Section 4-202.A.23)
BUILDING ELEVATION DRAWINGS -with the following information;
All sides of all buildings;
Dimensioned;
Colors (provide one full sized set of colored elevations);
Materials;
REDUCED BUILDING ELEVATIONS -same as above to scale on 8 %: X 11.
J. SIGNAGE: (Division 19. SIGNS /Section 3-1806)
All EXISTING freestanding and attached signs; Provide photographs and dimensions (area, height, etc.), indicate whether they will be
removed or to remain.
All PROPOSED freestanding and attached signs; Provide details including location, size, height, colors, materials and drawing;
freestanding signs shall include fhe street address (numerals)
Comprehensive Sign Program application, as applicable (separate application and fee required).
Reduced signage proposal (8 '/: X 11) (color), if submitting Comprehensive Sign Program application.
C-'.Documents and Seuingslderek fergusomDeektop~planning dept forms 07081FIexIDle Development (FLO) 2008 07.17.doc
Paec ~ id7
K. TRAFFIC IMPACT STUDY: (Section 4-202.A.13 and 4-801.C)
Include if required by the Traffic Operations Manager or his/her designee or if the proposed development:
Will degrade the acceptable level of service for any roadway as adopted in the Comprehensive Plan.
Will generate 100 or more new vehicle directional trips per hour and/or 1000 or more new vehicle trips per day.
Will affect a nearby roadway segment and/or intersection with five (5) reportable accidents within the prior twelve (12) month period or
that is on the City's annual list of most hazardous intersections.
Trip generation shall be based on the most recent edition of the Institute of Transportation Engineer's (ITE) Trip General Manual.
The Traffic Impact Study must be prepared in accordance with a "Scoping Meeting" held with the Traffic Operations Manager and the
Planning Department's Development Review Manager or their designee (727-562-4750)
Refer to Section 4-801 C of the Community Development Code for exceptions to this requirement.
Acknowledgement of traffic impact study requirements (Applicant must initial one of the following):
Traffic Impact Study is inGuded. The study must incude a summary table of pre- and post-development levels of service for all
roadway legs and each fuming movement at all intersections identified in the Scoping Meeting.
Traffic Impact Study is not required.
CAUTION - IF APPLICATION REVIEW RESULTS IN THE REQUIREMENT FOR A TRAFFIC IMPACT STUDY
AND NONE HAS BEEN SUBMITTED, APPLICATION MUST BE RESUBMITTED AND SIGNIFICANT DELAY
MAY OCCUR.
If you have questidns regarding these requirements, contact the City Public Works Administration Engineering Department at (727) 562-
4750.
L. FIRE FLOW CALCULATIONS/ WATER STUDY:
Provide Fire Flow Calculations. Water Study by a FIRE PROTECTION ENGINEER to assure an adequate water supply is available and to determine if
any upgrades are required by the developer due to the impact of this project. The water supply must be able to suppoR the needs of any required fire
sprinkler, standpipe and/or fire pump. It a fire pump is required the water supply must be able to supply 150% of its rated capacity. Compliance with
the 2004 Florida Fire Prevention Code to include NFPA 13, MFPA 14, NFPA 20, NFPA 291, art~l MFPA 1142 (Annex H) is required.
Acknowledgement of fire flow calculationshvater study requirements (Applicant must initial one of the following):
Fire Flow Ca~ulalions/Water Study is inGuded.
Fire Flow CalculalionsM/ater Study is not required.
CAUTION - IF APPLICATION REVIEW RESULTS IN THE REQUIREMENT FOR A FIRE FLOW
CALCULATIONS/ WATER STUDY AND NONE HAS BEEN SUBMITTED, APPLICATION MUST BE
RESUBMITTED AND SIGNIFICANT DELAY MAY OCCUR.
If you have questions regarding these requirements, contact the City Fire Prevention Department at (727} 562at334.
M. SIGNATURE:
I, the undersigned, acknowledge that all representations made
in this application are true and accurate to the hest of my
knowledge and authorize City representatives to visit and ,
photograph the property described in this applicaton.
Signa property owner or representative
STATE OF FLORIDA, COUNTY OF PINELLAS
Sw~ tp ~ Q sutfscribi:d before me this day of
~ ~,~' {ap {t.. , R.D. 20 to me and/or by
who is rsonally known has
produced FL m ~ - 1151 "? a - ~Nt = b
as identification.
Notary public, G ~ - ~ , i
My commission expires:
C tDocumants and Settingsberek feryusonlDeskto0tplaminp depl forms 07081Fkxible Development (FLD) 2008 07.1 t Doc
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L
N. AFFIDAVIT TO AUTHORIZE AGENT:
1. Provide names of all property owners on deed -PRINT full names:
2. That (I amMre are) the owner(s) and record title holder(s) of the following described property (address or general locallon):
~s ~-+\ v-~4w /F'7° ~`'t N~ ~~-~4.2- w ~~ ~~- _ 3 3- 7d '?-----------
3. That this property constitutes the property for which a request fora: (describe request)
____TA~T'mO _.._~"to P ----~ n~ c~! ~sT F~ ~tD Gc9~S~.t. i 12`~s ~~J~ _~!t vf_z~L. _ __
4. That the undersigned (has/have) appointed and (doesldo) appoint:
as (his/their) agenl(s} to execute any petitions or other documents necessary to affect such petition;
5. ~ That this affidavit has been executed to induce the City of Clearwater, Florida to consider and act on the above described property;
6. vThat site visits to the property are necessary by City representatives fn order to process this application and the owner authorizes City
representatives to visit and photograph the properly described in this application;
7. That (I/vve), the undersigned authority, hereby certify that the foregoing is true and correct.
- Property O r _ _`- Property Owner
-- ----- Prope Owner_ ---- - -- -Property Owner
STATE OF FLORIDA,
COUNTY OF PINEL~AS
rBefore me the undersigned, an officer duly commissioned by the laws of the St to of Flo a, on this ~~~ ~_ day of
`~ . - --- - personally appeared Y ~S _ who having been first duly sworn
Deposes and says that he/she fully understands the contents of the a~}d t that he/sh^e si-gnetl'~`
~N`r puti Notary Public Stale of Fiorido
~ `\-`y
?o ^ ,lucfith 1. Smith
~r u" My Cortlmfsslon 00892695 _
for r~oa Expires Ofi104/261 1
Notary SealfS V"~+"4fv My Commission
C:\DOCUments end Setltngslderek,fergusonlDaskroptplannhg dept forms 0706\Ftextble Oevelapment (FLD) 20oa 07.11.doc
Page 7 of 7
Property Appraiser General Information http://www.pcpao.or~Jgeneral.php?strap=16283000000410020•
Interactive Map of this Sales Back to Query New Tax Collector Home Questior/Comment about this
ap rcel Q~ Results Search Paae page
30-28-16-00000-410-0200
Portability Data Current as of September 22, 2009 Print
Calculator [4:12 pm Tuesday September 22]
Ownership/Mailing Address Site Address
BELLWETHER PROP FLA
CIO WESTFIELD PROPERTY TAX 27001 US HIGHWAY 19 N
DEPT CLEARWATER 33761
PO BOX 130940 .
CARLSBAD CA 92013-0940
Property Use: 1528 (Enclosed Mall (Countryside, Tyrone)) Living Units: 0
Improvement Value
per F.S. 553.844
R17 4
.~
~.
[click here to hide] Legal Description
FROM NE COR OF SE 1/4 TH S 63FT FOR POB TH S 895.63FT TH S48DW 67.14FT TH N 873.43FT
TH W 870FT TH S05DE 337FT TH N83DE 108FT TH S07DE 974.53FT TH CUR RT RAD 990FT ARC
95.46FT CB 578DW 95.42FT TH N07DW 437.43FT TH S83DW 132FT TH N07DW 36FT TH S83DW
75FT TH N07DW 28FT TH S83DW 16 FT TH N07DW 117FT TH S83DW 302FT TH S07DE 61 FT TH
S83DW 16FT TH S07DE 29FT TH S83DW 230FT TH S07DE 465.23FT TO N R/W OF COUNTRYSIDE
BLVD TH SW'L-Y ALG RNV 538FT(S) TH CUR RT RAD 67FT ARC 109.24FT CB N70DW 99FT(S) TH
NW'LY 552.92FT ALG E'LY R/W OF US HWY 19TH N83DE 607.05 FT TH N07DW 540FT TH N83DE
430FT TH S07DE 85FT TH N83DE 15FT TH S07DE 55FT TH N83DE 96FT TH S07DE 64 FT TH
N83DE 98FT TH N07DW 64FT TH N83DE 96FT TH N07DW 20FT TH N83DE 60FT TH N07DW 346FT
TH S83DW 60 FT TH N07DW 121.99FT TH W 239.84FT TH N 67FT THE 1372.56FT TO POB CONT
22.95AC(C)
2009 Exemptions
Homestead: No Save-Our-Homes Cap Percentage: 0.00% "! Non-Homestead 10% Cap: Yes
Government: No Institutional: No Agricultural: $0 Historic: $0
. 2009 Parcel Information Original Trim Notice
Most Recent Conveyance Sales Comparison Census Tract Plat Book/Page
05917/0467 Sales Query 121030268121
2009 Value Information (PRELIMINARY)
Assessed
Year Save-Our-Homes JusUMarket Value/ County School Municipal
Value SOH Cap Taxable Value Taxable Value Taxable Value
2009 No 5119,500,000 $119,500,000 $119,500,000 $119,500,000 5119,500,000
[click here to hide] Value History .
Year Save-Our-Homes Just/Market AValue/d
Value SOH Cap
2008 No $123, 950, 000 $123, 950, 000
2007 No $119,800,000 $119,800,000
2006 No $117,500,000 $117,500,000
2005 No $108,000,000 $108,000,000
2004 No $99,750,000 $99,750,000
2003 No $95,000,000 $95,000,000
County School Municipal
Taxable Value Taxable Value Taxable Value
$123, 950, 000 $123, 950, 000 $123, 350, 000
$119,800,000 N/A $119,800,000
$117,500,000 N/A $117,500,000
$108,000,000 N/A $108,000,000
$99,750,000 N/A $99,750,000
$95, 000, 000 N/A $95, 000, 000
I of 6 9/22!2009 4:15 Ply
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Westfield, L_L_C,_.i ~--: i ~e~ `"
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Written Submittal Requirements for Flexible Development Application
FLD2009-10038
Problematic uses. 2-704.M
1. Location.
a. The parcel proposed for development is not contiguous to a parcel of land which is designated as
residential in the Zoning Atlas; There is no residential property that is contiguous to the location of the
proposed site.
b. The use is not located within 500 feet of another problematic use; There is no existing problematic use
within 500 feet of the location of the proposed site.
2. Design.
a. The building in which the use is located is painted or otherwise finished in materials and colors which
are muted; Current Westfield Mall property meets these specifications.
b. There are no security bars on the outside of doors or windows which are visible from a public right-ofway;
Current Westfield Mall property meets these specifications.
3. Signs. Any signage which has a height of greater than six feet is a part of a comprehensive sign program;
Interior tenant, no exterior signage.
4. The building in which the use is located is a building which is conforming to all current land
development and building regulations. Building is the existing Westfield Mall shopping center and is
currently conforming to all applicable laws and regulations.
5. Front setback: The reduction in front setback results in an improved site plan or improved design and
appearance. None requested
6. Rear setback: None requested
a. The reduction in rear setback does not prevent access to the rear of any building by emergency vehicles.
b. The reduction in rear setback results in an improved site plan, more efficient parking, or improved
design and appearance and landscaped areas are in excess of the minimum required.
The proposed location is in an existing, freestanding, enclosed shopping mall. The neighboring
community will not be effected by the operation at the proposed site. There will be no negative impact
resulting from opening in this location.