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FLD2010-03007; 1934 HERCULES AVE N; MCDONALDS RESTAURANTFLD2010-03007 1934 N HERCULES AVE Date Received: 3/31/2010 MCDONALDS RES'lkURANT ZONING DISTRICT: C LAND USE: CG ATLAS PAGE: 253A CDB Meeting Date: July 20, 2010 Case Number: FLD2010-03007 Agenda Item: D. 2. Owner/Applicant: McDonalds Corporation Representative: Braulio Gr jales, High Point Engineering Address: 1934 N. Hercules Avenue CITY OF CLEARWATER PLANNING AND DEVELOPMENT DEPARTMENT STAFF REPORT GENERAL INFORMATION: REQUEST: Flexible Development application to permit a 607 square foot expansion for an existing restaurant in the Commercial (C) District with a lot area of 64,083 square feet, a lot width of 160 feet along Hercules Avenue and 100 feet along Sunset Point Road, a front setback (east along Hercules Avenue) of 12.6 feet (to existing pavement) and 71.7 feet (to proposed building), a front setback (south along Sunset Point Road) of 84 feet (to existing pavement), a side (north) setback of 10.1 feet (to existing pavement), 16.6 feet (to dumpster enclosure) and 63.8 feet (to existing building), a side (south) setback of 8.4 feet (to existing pavement) and 59.4 feet (to existing building), a side (east) setback of 5.5 feet (to existing pavement), a side (west) setback of 5 feet (to dumpster enclosure), 8.2 feet (to pavement) and 95.8 feet (to existing building), a building height of 20 feet (to highest architectural feature) and 38 off-street parking spaces, as a Comprehensive Infill Redevelopment Project under the provisions of Community Development Code Section 2-704.C, with a reduction to the perimeter landscape buffer along Hercules Avenue from 15 feet to 12.6 feet, as a Comprehensive Landscape Program under the provisions of Community Development Code Section 3-1202.G. CURRENT ZONING: Commercial (C) District CURRENT LAND USE PLAN CATEGORY: Commercial General (CG) PROPERTY USE: Current Use: Restaurant Proposed Use: Restaurant EXISTING North: Office (O) District Offices SURROUNDING South: Pinellas County C-2 Vacant Automobile Service ZONING AND USES: Station East: Open Space/Recreation Parks and Recreation Facility (OS/R) West: Institutional (I) District Nursing Home Community Development Board - July 20, 2010 FLD2010-03007 - Page 1 of 8 ANALYSIS: Site Location and Existing Conditions: The 1.471-acre subject property consists of two parcels. One parcel has 160 feet of frontage on the west side of N. Hercules Avenue, and the other has 100 feet of frontage on the north side of Sunset Point Road. The parcel fronting on Hercules Avenue is currently developed with a 3,130 square foot McDonald's restaurant with drive-thru and associated off-street parking. The parcel fronting on Sunset Point Road consists of additional associated off-street parking and a detention pond. The subject property is bordered on its north side by an office development; on the west by a nursing home; and at its southeast corner by a vacant automobile service station that is in unincorporated Pinellas County. Development Proposal: On March 31, 2010, a Comprehensive Infill Redevelopment Project application was submitted to renovate and expand the existing McDonald's fast food restaurant as follows: ¦ Enclose the existing outdoor seating area on the east side of the building within a 575 square foot addition and construct a new 32 square foot addition on the north side of the building; ¦ Reconfigure existing drive-thru lane from a single order point to side-by-side ordering; ¦ Replace existing double-dumpster enclosure with anew 10-foot by 24-foot enclosure; and ¦ Constructing a new architectural fagade. In addition to the above, the number of existing off-street parking spaces will be reduced from 43 to 38 (a reduction of 5 spaces) in order to accommodate the reconfiguration of the drive-thru system. However, the majority of the existing site improvements will remain unchanged with this proposal. Among the site improvements that are not changing is the location of the existing off-street parking adjacent to Hercules Avenue which has a setback that varies between 12.5 and 13.9 feet. As a result of this existing setback, the development proposal is being reviewed as a Comprehensive Infill Redevelopment Project. The development proposal's compliance with the various development standards of the Community Development Code (CDC) is discussed below. Floor Area Ratio (FAR): Pursuant to the Countywide Future Land Use Plan for the Commercial General (CG) land use category and CDC Section 2-701.1, the maximum allowable FAR is 0.55, which would allow for a maximum development size of 35,245 square feet on this parcel. The proposed would expand the existing development to 3,737 square feet or an FAR of 0.058, which is far below what may be permitted based upon the above Code provisions. Impervious Surface Ratio (ISR): Pursuant to CDC Section 2-701.1, the maximum allowable ISR is 0.90. The proposed ISR is 0.598, which is less then what may be permitted based upon the above Code provisions. Minimum Lot Area and Width: Pursuant to CDC Table 2-704, there is no minimum required lot area or lot width for a Comprehensive Infill Redevelopment Project. However, for a point of Community Development Board - July 20, 2010 FLD2010-03007 - Page 2 of 8 comparison, the minimum lot area requirement for restaurants is 10,000 square feet. The existing lot area for the subject property is 64,083 square feet (1.471 acres). For comparative purposes, the minimum lot width requirement for restaurants is 100 feet. The lot widths along Hercules Avenue and Sunset Point Road are 160 feet and 100 feet, respectively. The development proposal either meets or exceeds these comparative Code provisions for restaurants. Minimum Setbacks: Pursuant to CDC Table 2-704, there are no minimum setback requirements for a Comprehensive Infill Redevelopment Project. However, for a point of comparison, the minimum front setback requirement for a restaurant can range between 15 and 25 feet; and the side setback can range between zero and 10 feet. With regard to both the existing building and the proposed building additions, the minimum required setbacks will all be greatly exceeded. In addition, the required side (north) setback will also be met for all existing and proposed improvements. There are also three existing nonconforming setbacks (to pavement) that will continue to remain, and are as follows: ¦ The 12.6-foot front (east) setback from Hercules Avenue to the existing parking lot; ¦ The 8.4-foot side (south) setback to the existing parking lot; and ¦ The 5.5-foot side (east) setback to the existing parking lot. Each of the above setbacks have existed for many years and are mostly within the allowable range for a restaurant use in the Commercial (C) District. Further, requiring these existing improvements to be brought into full compliance with the Code would likely do more harm than good as established landscape materials and substantial amounts of off-street parking would be eliminated. The setbacks proposed for the new dumpster enclosure and reconfigured drive-thru are five feet and 8.2 feet, respectively; and are both within the allowable range set forth by the Code for a restaurant use in the Commercial (C) District. These setbacks, as well as the existing setbacks, can be supported based upon positive findings made with regard to CDC Section 2-704.C. Maximum Building Height: Pursuant to CDC Table 2-704, there is no maximum allowable height for a Comprehensive Infill Redevelopment Project. However, for a point of comparison, the maximum building height for restaurants can range between 25 and 50 feet. Following the completion of the proposed architectural facade, the height of the flat roof will remain at 17.92 feet; however a new architectural detail on the buildings east elevation (facing Hercules Avenue) will have a height of 20 feet. In either instance the height is well below that which may be permitted based upon the above Code provisions. Minimum Off-Street Parking: Pursuant to CDC Table 2-704, the minimum required parking for a Comprehensive Infill Redevelopment Project is determined by the Community Development Coordinator based on the specific use and/or ITE Manual standards. The off-street parking requirement for restaurants is between 7 and 15 spaces per 1,000 square feet of gross floor area, which for a 3,737 square foot restaurant would result in a requirement between 26 and 56 spaces. The subject property is currently developed with a total of 43 off-street parking spaces; however this will be reduced to 38 (10.16 spaces per 1,000 square feet of gross floor area) in order to Community Development Board - July 20, 2010 FLD2010-03007 - Page 3 of 8 accommodate the proposed drive-thru reconfiguration. The applicant prepared a parking demand study which through on-site analysis of the existing use has demonstrated that the proposed 38 off-street parking spaces will be adequate to meet the demand of the remodeled and expanded restaurant during all periods. As these 38 spaces are well within the acceptable range for restaurants, positive findings can be made with regard to the requested off-street parking reduction. Sight Visibility Triangles: Pursuant to CDC Section 3-904.A, to minimize hazards at the existing driveways, no structures or landscaping may be installed which will obstruct views at a level between 30 inches above grade and eight feet above grade within 20-foot sight visibility triangles. The proposal was reviewed by the City's Traffic Engineering Department and found to be acceptable. Landscaping: Pursuant to CDC Section 3-1202.D, there is a 15-foot wide perimeter buffer required along Hercules Avenue. The existing site improvements (i.e. off-street parking) are set back only 12.5 feet from the property line. As such, the minimum buffer width has not been provided along the entire east perimeter of the property, and the applicant has requested a reduction to this width as part of a Comprehensive Landscape Program. Comprehensive Landscape Program: Pursuant to CDC Section 3-1202.G, the landscaping requirements contained within the Code can be waived or modified if the application contains a Comprehensive Landscape Program satisfying certain criteria. The following table depicts the consistency of the development proposal with those criteria: Consistent I Inconsistent 1. Architectural theme: a. The landscaping in a comprehensive landscape program shall be designed as a N/A N/A part of the architectural theme of the principle buildings proposed or developed on the parcel proposed for development; or b. The design, character, location and/or materials of the landscape treatment X proposed in the comprehensive landscape program shall be demonstrably more attractive than landscaping otherwise permitted on the parcel proposed for development under the minimum landscape standards. 2. Lighting. Any lighting proposed as a part of a comprehensive landscape program is x automatically controlled so that the lighting is turned off when the business is closed. 3. Community character: The landscape treatment proposed in the comprehensive X landscape program will enhance the community character of the City of Clearwater. 4. Property values: The landscape treatment proposed in the comprehensive landscape X program will have a beneficial impact on the value of property in the immediate vicinity of the parcel proposed for development. 5. Special area or scenic corridor plan: The landscape treatment proposed in the X comprehensive landscape program is consistent with any special area or scenic corridor plan which the City of Clearwater has prepared and adopted for the area in which the parcel proposed for development is located. As previously noted, the existing off-street parking is set back only 12.5 feet from Hercules Avenue. Repositioning these parking spaces to meet Code and enable compliance with the minimum buffer width would also require the relocation of the adjoining drive aisle, modifications to other landscape islands, and would result in a conflict with the existing cross- Community Development Board - July 20, 2010 FLD2010-03007 - Page 4 of 8 access point with the office development to the north. Therefore, the development proposal retains the existing landscape buffer width as well as those materials already planted within and which exceed the minimum requirements of the Code. In addition to the above, the development proposal includes a new foundation planting area along the east building elevation that is twice the width required by the Code. This area will be planted with Chinese hibiscus and variegated flax lily, as well as groupings of cabbage palms at both ends of the foundation planting area. Based upon the above, positive findings can be made with regard to the proposed Comprehensive Landscape Program. Si nage: Pursuant to CDC Section 6-104.A, in the event a building permit is required for the redevelopment of a principal use/structure, signs on the parcel proposed for development shall be brought into compliance. No information with regard to signage was submitted as a part of this proposal so it is unclear at this time as to whether the existing signage is in compliance with Code. It is attached as a condition of approval that prior to the issuance of any building permit information is provided with regard to the existing signage and that if that signage is found to be nonconforming that it is brought into full compliance with the Code. Code Enforcement Analysis: There are no active Code Enforcement cases for the subject property. COMPLIANCE WITH STANDARDS AND CRITERIA: The following table depicts the consistency of the development proposal with the standards of the Commercial General (CG) land use category and the Commercial (C) District as per CDC Section 2-701.1 and Table 2-704: Standard Proposed Consistent Inconsistent FAR 0.55 0.058 X ISR 0.90 0.598 X Minimum Lot Area N/A 64,083 sq. ft. (1.471 acres) X Minimum N/A Hercules: 160 feet X Lot Width Sunset Point: 100 feet X Minimum Setbacks Front: N/A Hercules: 12.6 feet (to pavement) X 71.7 feet (to building) Sunset Point: 84 feet (to pavement) X Side: N/A North: 10.01 feet (to pavement) X 16.6 feet (to dumpster) 63.8 feet (to building) South: 8.4 feet (to pavement) X 59.4 feet (to building) East: 5.5 feet (to pavement) X West: 8.2 feet (to pavement) X 5.0 feet (to dumpster) 95.8 feet (to building) Maximum Height N/A 20 feet X Minimum 7-15 spaces per 1,000 SF GFA 38 parking spaces X' Off-Street Parking (26-56 spaces) (10.16 spaces per 1,000 SF GFA) I See analysis in Staff Report Community Development Board - July 20, 2010 FLD2010-03007 - Page 5 of 8 COMPLIANCE WITH FLEXIBILITY CRITERIA: The following table depicts the consistency of the development proposal with the Flexibility criteria as per CDC Section 2-703.C (Comprehensive Infill Redevelopment Project): Consistent Inconsistent 1. The development or redevelopment is otherwise impractical without deviations from X 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 X 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. 3. The development or redevelopment will not impede the normal and orderly X development and improvement of surrounding properties. 4. Adjoining properties will not suffer substantial detriment as a result of the proposed X development 5. The proposed use shall otherwise be permitted by the underlying future land use X 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 X 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 annronriate distances between buildings. Community Development Board - July 20, 2010 FLD2010-03007 - Page 6 of 8 COMPLIANCE WITH GENERAL STANDARDS FOR LEVEL TWO APPROVALS: The following table depicts the consistency of the development proposal with the General Standards for Level Two Approvals as per CDC Section 3-914.A: 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 of X adjacent land and buildings or significantly impair the value thereof. 3. The proposed development will not adversely affect the health or safety of persons X 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 vicinity. 6. The design of the proposed development minimizes adverse effects, including X visual, acoustic and olfactory and hours of operation impacts on adjacent properties. SUMMARY AND RECOMMENDATION: The Development Review Committee (DRC) reviewed the application and supporting materials at its meeting of May 6, 2010, and deemed the development proposal to be legally sufficient to move forward to the Community Development Board (CDB), based upon the following: Findings of Fact. The Planning and Development 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. The 1.471 acre subject property consists of two parcels, one fronting on N. Hercules Avenue and the other fronting on Sunset Point Road; 2. The subject property has 160 feet of frontage along N. Hercules Avenue, and 100 feet of frontage along Sunset Point Road; 3. The subject property is currently developed with a 3,130 square foot McDonald's restaurant with drive-thru, associated off-street parking and a detention pond; 4. The purpose of this application is to enclose the existing outdoor seating area and construct a new 32 square foot storage addition (a total of 575 square feet of new building area), as well as to reconfigure the drive-thru area, and provide a new architectural fagade; 5. This application is being processed as a Comprehensive Infill Redevelopment Project due to the ability for front setback flexibility for existing improvements that the restaurant use does not afford; 6. The proposed building additions will comply with all setback requirements; 7. The proposed drive-thru reconfiguration and dumpster enclosure require side (west) setbacks of 8.2 and five feet, respectively, where zero feet may be otherwise permissible; and 8. There are no active Code Enforcement cases for the subject property. Conclusions of Law. The Planning and Development Department, having made the above findings of fact, reaches the following conclusions of law: Community Development Board -July 20, 2010 FLD2010-03007 - Page 7 of 8 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 is consistent with the applicable Standards and Criteria as per Community Development Code Sections 2-701.1 and 2-704; 2. That the development proposal is consistent with the Flexibility criteria as per Community Development Code Section 2-704.C; and 3. That the development proposal is consistent with the General Standards for Level Two Approvals as per Community Development Code Section 3-914.A. Based upon the above, the Planning and Development Department recommends APPROVAL of the Flexible Development application to permit a 607 square foot expansion for an existing restaurant in the Commercial (C) District with a lot area of 64,083 square feet, a lot width of 160 feet along Hercules Avenue and 100 feet along Sunset Point Road, a front setback (east along Hercules Avenue) of 12.6 feet (to existing pavement) and 71.7 feet (to proposed building), a front setback (south along Sunset Point Road) of 84 feet (to existing pavement), a side (north) setback of 10.1 feet (to existing pavement), 16.6 feet (to dumpster enclosure) and 63.8 feet (to existing building), a side (south) setback of 8.4 feet (to existing pavement) and 59.4 feet (to existing building), a side (east) setback of 5.5 feet (to existing pavement), a side (west) setback of 5 feet (to dumpster enclosure), 8.2 feet (to pavement) and 95.8 feet (to existing building), a building height of 20 feet (to highest architectural feature) and 38 off-street parking spaces, as a Comprehensive Infill Redevelopment Project under the provisions of Community Development Code Section 2-704.C, with a reduction to the perimeter landscape buffer along Hercules Avenue from 15 feet to 12.6 feet, as a Comprehensive Landscape Program under the provisions of Community Development Code Section 3-1202.G, with the following conditions: Conditions of Approval: 1. That, prior to the issuance of any permits, evidence of filing a Declaration of Unity of Title in the public records of Pinellas County between all parcels involved in the application must be submitted to and approved by the Planning and Development Department; 2. That prior to the issuance of any building permit information is provided with regard to the existing signage and that if that signage is found to be nonconforming that it is brought into full compliance with the Code; and 3. That, prior to the issuance of any permits, the applicant shall provide a copy of an approved right-of-way permit from Pinellas County for sidewalk improvements proposed in Sunset Point Road (C.R. 588) and N. Hercules Avenue (C.R. 425). Prepared by Planning and Development Department Staff: Robert G. Tefft, Development Review Manager ATTACHMENTS: Location Map; Aerial Map; Zoning Map; Existing Surrounding Uses Map; and Photographs S: (Planning Department)CD BIFLEX (FLD)IPending cases)Up for the next CDBIHercules N 1934 McDonalds (C) 2010.07 - RPStaff Report.docx Community Development Board -July 20, 2010 FLD2010-03007 - Page 8 of 8 Robert G. Tefft 100 South Myrtle Avenue Clearwater, FL 33756 (727) 562-4539 robert.tefft(aD,myclearwater.com PROFESSIONAL EXPERIENCE ¦ Development Review Manager City of Clearwater, Clearwater, Florida August 2008 to Present Direct Development Review activities for the City. Supervise professional planners, land resource specialists and administrative staff. Conduct performance reviews. Serve as staff to the Community Development Board. ¦ Planner III City of Clearwater, Clearwater, Florida June 2005 to August 2008 Duties include performing the technical review and preparation of staff reports for various land development applications, the organization of data and its display in order to track information and provide status reports, and making presentations to various City Boards and Committees. ¦ Planner II City of Clearwater, Clearwater, Florida May 2005 to June 2005 Duties include performing the technical review and preparation of staff reports for various land development applications, the organization of data and its display in order to track information and provide status reports. ¦ Senior Planner City of Delray Beach, Delray Beach, Florida October 2003 to May 2005 Performed technical review of and prepared staff reports for land development applications such as, but not limited to: site plans, conditional uses, rezonings, land use amendments, and text amendments. Organized data and its display in order to track information and provide status reports. Make presentations to various City Boards. Planner City of Delray Beach, Delray Beach, Florida March 2001 to October 2003 Performed technical review of and prepared staff reports for land development applications such as, but not limited to: site plans, conditional use and text amendments. Organization of data and its display in order to track information and provide status reports. Provided in-depth training to the Assistant Planner position with respect to essential job functions and continuous guidance. Assistant Planner City of Delray Beach, Delray Beach, Florida October 1999 to March 2001 Performed technical review of and prepared staff reports for site plan development applications. Performed reviews of building permit applications. Provided information on land use applications, ordinances, land development regulations, codes, and related planning programs/services to other professionals and the public. EDUCATION Bachelor of Arts, Geography (Urban Studies), University of South Florida, 1999 ASSOCIATION MEMBERSHIP 0 American Planning Association :, f W W m UNIOrd STREET SET ON o ? Z MONICA s o d Nl inffsar Gate z? 0 o FRANCIS Z ? o DAWN RD DRIVE r) 0 U) CR-? 00 PaION TCLAI R RADCLIFFE DR N Cf) = ? J L) 9 U u DR S z Har: ?Q+ m HASTINGS LA ..:.LAk?....' :.`: rdur O EDA Q 1' ` o i a o LL, yq RTER OAKS DR BUFORD } • ... GAYLE ? `".': }:'.Jla?f}tBN;; 1?C:'U`i!', -:.'. ?•".v:. G .1 ueL1?Y.s?11 z BECK ?r Sun Ttea Z n Z SUN TREE pR I - ??2 ?( SUNSET POINT RD Sunset Grove La I-AR?TF O 'I l BLVD ST ®..? LOCATIONMAP Owner: McDonald's Corporation Case: FLD2010-03007 Site: 1934 Hercules Avenue Property Size: 1.47 acres PIN: 01-29-15-88046-000-0011 Atlas Page: 253A 01-29-15-88046-000-0020 ss ,?g6 ?ss8 ?1 1960 1961 1962 1961 1961 1962 0 Z , BARRINGTON DR N 1967 ? z ? ? ? ^ N T M f? L 1965 N c 1944 O OSIR v 1938 1941 7 O I 1934 a 'R rn ? m M a - 1909 Q co 2 ?' `':r•:+` W 1903 Z 2 S SET POINT RD SUNSET SUNSET POINT RD _ _ pOp pOp pO N 1' ao O N N N N N N N N N N N M M M N N N N N N N N N - - Q M p t? q - M n^ A M h f? O M O O O 0 0 O O p 0 p O N N N N N N N N N N N N N N N N L ? T ,690 1881138 ZONING MAP Owner: McDonald's Corporation Case: FLD2010-03007 Site: 1934 Hercules Avenue Property Size: 1.47 acres PIN: 01-29-15-88046-000-0011 Atlas Page: 253A 01-29-15-88046-000-0020 s A 9 9sa 7s 72 w 1960 1961 1962 71961 19 91 95 96 73 74 73 At 1962 60 ° c ?eii . 3S BARRINGTON DR N 1967 2 z 13/0, LO h m tp 1, to as °h as ^ ! " - a C- P :9 40 M e) C- ,- !- °' w a m 6.86 Ac 111 110 109 108 107 106 105 104 103 102 101 a? 1985 N 117a __ 1944 Parks and 11? f ? Recreation 38236 Facility 1938 1941 ? z4ro1 Ti9 118 4.4 Ac r -, L2 8046 1934 5 0 Nursing 1 0 1 124 - op ? e L Home , 1909 2 b i IIg 13ro2 ! e? Retail 127 126 O 00 a :a oo n = 1903 8 N N N Z N SUNSET POINT RD SUNSET POINT RD SUN POINT I Automobile N tl a0 N V' '? a0 O N e} r ao O 7 - _ N N O N N L N N N -- 2 Service : N N N N N 61 2 3 4 5 66 87 8 70 71 2 3 74 75 fi 7 0 Station 60 9 8 7 55 54 3 2 51 50 9 47 46 4 C 21 O O O O W e- M h Ch eM h f? W ' M O O O O N N M 1 N N N N N N N N N N N N N N N _- „0 N sD 1890 100 nb! e Home - - 2 O „0 EXISTING SURROUNDING USES MAP Owner: McDonald's Corporation Case: FLD2010-03007 Site: 1934 Hercules Avenue Property Size: 1.47 acres PIN: 01-29-15-88046-000-0011 Atlas Page: 253A 01-29-15-88046-000-0020 ,_ r Looking west from southernmost drive aisle along Hercules Avenue toward subject property. y- ' w k J. S Looking south along Hercules Avenue at front of subject property Looking west from Hercules Avenue along north property line 1934 N. Hercules Avenue FLD2010-03007 -, Rah Looking southwest toward existing building Looking north along drive aisle from Sunset Point Road HIGH PQINTIENGINEERING May 17, 2010 Mr. Matthew Jackson City of Clearwater Planning Department 100 S. Myrtle Avenue, Suite 210 Clearwater, Florida 33756 RE: RESPONSE TO DRC REVIEW COMMENTS McDONALD'S RESTAURANT REMODEL 1934 N. HERCULES AVENUE, CLEARWATER, FLORIDA 33763 CASE NUMBER: FLD2010-03007 Dear Mr. Jackson: In response to DRC review comments dated May 6, 2010, the following is being provided: Environmental Condition No comments. Please Note: An Asbestos Survey is usually required prior to conducting any demolition or renovations. Please contact Pinellas County Air Quality (464-4422) for further information. R=/ Please refer to revised Demolition and Tree Protection Plan sheet C-3. Fire Condition The re-design of the dumpster at the request of solid waste may impact my next review. Parks & Recreation Condition No issues - commercial remodel of restaurant, 19% increase in building size. Storm Water Condition General Note: 630 CHESTNUT STREET ¦ CLEARWATER, FLORIDA 33756 1 TEL. (727) 723-3771 EXT 333 ¦ FAX (727) 723-7150 Mr. Matthew Jackson May 17, 2010 Page 2 of 3 1. All resubmittals shall be accompanied with a response letter addressing how each department's condition has been met. R=/ Acknowledged. 2. DRC review is a prerequisite for Building Permit Review; additional comments may be forthcoming upon submittal of a Building Permit Application. R=/ Acknowledged. Solid Waste Condition The Dumpster enclosure needs to be realigned for access by Solid Waste Truck R=/ Please refer to revised Site Layout and Parking Plan sheet C-4.1. Traffic Engineering Condition General Note: Applicant shall comply with the current Transportation Impact Fee Ordinance and fee schedule and paid prior to a Certificate of Occupancy (C.O.). R=/ Acknowledged. Engineering Review Prior to the issuance of a Building Permit Applicant shall provide a copy of an approved right-of-way permit from Pinellas County for sidewalk improvements proposed in Sunset Point Rd. (C.R. 588) and Hercules Ave. (C. R. 425). R=/ On May 17, 2010 High Point Engineering conference called Patrick S. Fox from Pinellas County Public Works to inquire about the need for a Right-of-Way Utilization Permit. Mr. Fox indicated that in this case a Right-of-Way Utilization Permit is not necessary since the owner is only installing detectable warning surfaces on the existing sidewalk ramps at the driveway connections to Sunset Point Road (C.R. 588) and Hercules Avenue (C.R. 425). Land Resource Review 1. Show root prune requirements for the new curb under the canopy of the 12" tree north of the new dumpster pad prior to CDB. 630 CHESTNUT STREET ¦ CLEARWATER, FLORIDA 33756 1 TEL. (727) 723-3771 EXT 333 - FAX (727) 723-7150 Mr. Matthew Jackson May 17, 2010 Page 3 of 3 R=/ Please refer to revised Demolition and Tree Protection Plan sheet C-3. 2. Place a note on the plans to "Hand Remove Curb" for the portions that require removal under the canopies of the trees west of the parking lot prior to CDB. R=/ Please refer to revised Demolition and Tree Protection Plan sheet C-3. 3. Justify the reasoning for installing silt fence around the whole site. Erosion will not jump the curbs. Suggest placing erosion control at the storm inlets adjacent to the proposed construction. Revise prior to Building permit. R=/ Erosion can occur between demolition of existing curb and construction of new curb. Erosion control at the storm inlets adjacent to the proposed construction is already specified. The installation of silt fence was reduced to the area around the proposed construction. Please refer to revised Demolition and Tree Protection Plan sheet C-3. Plannina Review 1. Show all existing landscaping on plans so that it can be evaluated if existing landscaping meets current Code requirements. If landscaping is deficient, further comments will follow. Show on plans to be submitted for CDB. Plans must be submitted by noon 5.14.10. R=/ Please refer to revised Landscape Plan sheet L-1. 2. After revision of dumpster enclosure area revision per the Solid Waste request, further comments may be necessary. R=/ Acknowledged. If you have any questions regarding the information contained herein, please do not hesitate to contact me. Sincerely, HIGH POINT ENGINEERING, INC Braulio Grajales, P.E. Principal 630 CHESTNUT STREET ¦ CLEARWATER, FLORIDA 33756 1 TEL. (727) 723-3771 EXT 333 • FAX (727) 723-7150 lea Planning Department C rw 100 South Myrtle Avenue " ater Clearwater, Florida 33756 Telephone: 727-562-4567 Fax: 727-562-4865 0 SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION M SUBMIT 14 COPIES OF THE ORIGINAL APPLICATION - Plans and application are required to be collated, stapled, and folded into sets 14 SUBMIT FIRE PRELIMARY SITE PLAN: $200.00 9 SUBMIT APPLICATION FEE $ 1, 4 0 5. 0 0 CASE #: RECEIVED BY (staff initials): DATE RECEIVED: * NOTE: 15 TOTAL SETS OF INFORMATION REQUIRED (APPLICATIONS PLUS SITE PLAN SETS) FLEXIBLE DEVELOPMENT APPLICATION Comprehensive Infill Redevelopment Project (Revised 07/11/2008) PLEASE TYPE OR PRINT- A. APPLICANT, PROPERTY OWNER AND AGENT INFORMATION: (Code Section 4-202.A) APPLICANT NAME: MCDONALDS CORPORATION MAILING ADDRESS: 10150 HIGHLAND MANOR DRIVE SUITE 470, TAMPA FLORIDA 33610 PHONE NUMBER: (813) 630-9634 FAXNUMBER: _(813) 621-4073 CELL NUMBER EMAIL: PROPERTY OWNER(S): List ALL owners on the deed AGENT NAME: BRAULIO GRAJALES / HIGH POINT ENGINEERING MAILING ADDRESS: 630 CHESTNUT STREET, CLEARWATER, FLORIDA 33756 PHONE NUMBER: (727)723-3771 FAX NUMBER: (727) 723-7150 CELL NUMBER: EMAIL: BGRAJALESQHPE-. B. PROPOSED DEVELOPMENT INFORMATION: (Code Section 4-202.A) PROJECT NAME: MCDONALDS RESTAURANT REMODEL PROJECT VALUATION: $ 7 8, 0 0 0. 0 0 STREET ADDRESS 1934 NORTH HERCULES AVENUE, CLEARWATER, FLORIDA 3376 PARCEL NUMBER(S): 01/29/15/..88046/000/0011 & 01/29/15/88046/000/0020 PARCEL SIZE (acres): 1 . 4 71 PARCEL SIZE (square feet): 64 , 0 8 3 LEGAL DESCRIPTION: SEE ATTACHED PROPOSED USE(S): DESCRIPTION OF REQUEST: SEE ATT Specifically identify the request (include number of units or square footage of non-residential use and all requested code deviations; e.g. reduction in required number of parking spaces, specific use, etc.) C:\Documents and Settings\derek.ferguson\Desktop\planning dept forms 0708\Comprehensive Infill Project (FLD) 2008 07-11.doc Page 1 of 8 DOES THIS APPLICATION INVOLVE THE TRANSFER OF DEVELOPMENT RIGHTS (TDR), A PREVIOUSLY APPROVED PLANNED UNIT C DEVELOPMENT, OR A PREVIOUSLY APPROVED (CERTIFIED) SITE PLAN? YES _ NO X (if yes, attach a copy of the applicable documents) C. PROOF OF OWNERSHIP: (Code Section 4-202.A.5) N SUBMIT A COPY OF THE TITLE INSURANCE POLICY, DEED TO THE PROPERTY OR SIGN AFFIDAVIT ATTESTING OWNERSHIP (see page 7) D. X 1. WRITTEN SUBMITTAL REQUIREMENTS: (Code Section 3-913.A) Provide complete responses to the six (6) GENERAL APPLICABILITY CRITERIA - Explain how each criteria is achieved, in detail: 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. SEE ATTACHED 2. The proposed development will not hinder or discourage the appropriate development and use of adjacent land and buildings or significantly impair the value thereof. SEE ATTACHED 3. The proposed development will not adversely affect the health or safety of persons residing or working in the neighborhood of the proposed use. SEE ATTACHED 4. The proposed development is designed to minimize traffic congestion. SEE ATTACHED 5. The proposed development is consistent with the community character of the immediate vicinity of the parcel proposed for development. SEE ATTACHED 6. The design of the proposed development minimizes adverse effects, including visual, acoustic and olfactory and hours of operation impacts, on adjacent properties. SEE ATTACHED C:\Documents and Settings\derek.ferguson\Desktop\planning dept forms 0708\Comprehensive Infill Project (FLD) 2008 07-11.doc Page 2 of 8 WRITTEN SUBMITTAL REQUIREMENTS: (Comprehensive Infill Redevelopment Project Criteria) 0 Provide complete responses to the six (6) COMPREHENSIVE INFILL REDEVELOPMENT PROJECT CRITERIA- Explain how each criteria is achieved, in detail: 1. The development or redevelopment is otherwise impractical without deviations from the use and/or development standards set forth in this zoning district. SEE ATTACHED 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 SEE ATTACHED 3. The development or redevelopment will not impede the normal and orderly development and improvement of surrounding properties. SEE ATTACHED 4. Adjoining properties will not suffer substantial detriment as a result of the proposed development. SEE ATTACHED 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. SEE ATTACHED 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. SEE ATTACHED C:\Documents and Setting s\derek.ferguson\Desktop\pl anning dept forms 0708\Comprehensive Infill Project (FLD) 2008 07-11.doc Page 3 of 8 E. STORMWATER PLAN SUBMITTAL Manual and 4-202.A.21) (City of Clearwater Storm Drainage Design Criteria ? A STORMWATER NARRATIVE MUST BE SUBMITTED WITH ALL APPLICATIONS. All applications that involve addition or modification of impervious surface, including buildings, must include a stormwater plan that demonstrates compliance with the City of Clearwater Storm Drainage Design Criteria manual. A reduction in impervious surface area does not qualify as an exemption to this requirement. IN 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 all property lines; ? Proposed grading including finished floor elevations of all structures; ? All adjacent streets and municipal storm systems; ? Proposed stormwater detention/retention area including top of bank, toe of slope and outlet control structure; ? A narrative describing the proposed stormwater control plan including all calculations and data necessary to demonstrate compliance with the City manual. ? Proposed stormwater detention/retention area including top of bank, toe of slope and outlet control structure; ? Signature and seal of Florida 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 Stormwater plan is not required and explanation narrative is attached. At a minimum, a grading plan and finished floor Q) G. X 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. If 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) N SIGNED AND SEALED SURVEY (including legal description of property) - One original and 14 copies; M TREE SURVEY (including existing trees on site and within 25' of the adjacent site, by species, size (DBH 4" or greater), and location, including drip lines and indicating trees to be removed) -please design around the existing trees; ? TREE INVENTORY; prepared by a "certified arborist", of all trees 4" DBH or greater, reflecting size, canopy (drip lines) and condition of N/A such trees; X LOCATION MAP OF THE PROPERTY; A 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 shall be in accordance with accepted traffic engineering principles. The findings of the study will be used in determining whether or not deviations to the parking standards are approved; D1 GRADING PLAN, as applicable; ? /A r PRELIMINARY PLAT, as required (Note: Building permits will not be issued until evidence of recording a final plat is provided); ?/A COPY OF RECORDED PLAT, as applicable; C:\Documents and Settings\derek.ferguson\Desktop\planning dept forms 0708\Comprehensive Infill Project (FLD) 2008 07-11.doc Page 4 of 8 G. SITE PLAN SUBMITTAL. REQUIREMENTS: (Section 4-202.A) 91 SITE PLAN with the following information (not to exceed 24"x 36"): X Index sheet referencing individual sheets included in package; X North arrow; X Engineering bar scale (minimum scale one inch equals 50 feet), and date prepared; X All dimensions; X Footprint and size of all EXISTING buildings and structures; X Footprint and size of all PROPOSED buildings and structures; X All required setbacks; X All existing and proposed points of access; X All required sight triangles; Identification of environmentally unique areas, such as watercourses, wetlands, tree masses, and specimen trees, including X description and location of understory, ground cover vegetation and wildlife habitats, etc; Location of all public and private easements; X 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 X and water lines; X All parking spaces, driveways, loading areas and vehicular use areas; X 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 X (per Section 3-201(D)(i) and Index #701}; X Location of all landscape material; X Location of all onsite and offsite storm-water management facilities; X Location of all outdoor lighting fixtures; X Location of all existing and proposed sidewalks; and Floor plan typicals of buildings for all Level Two approvals. A floor plan of each floor is required for any parking garage requiring a X Level Two approval. A SITE DATA TABLE for existing, required, and proposed development, in written/tabular form: EXISTING REQUIRED PROPOSED X Land area in square feet and acres; 64,083/1.471 64,083/1.471 NLA Number of EXISTING dwelling units; LT/A Number of PROPOSED dwelling units; X Gross floor area devoted to each use; 3 , 13 0 3 , 7 3 7 Parking spaces: total number, presented in tabular form with the X number of required spaces; 43 56 38 Total paved area, including all paved parking spaces & driveways, X expressed in square feet & percentage of the paved vehicular area; 3 0 , 6 0 5 2 9 , 7 5 7 Official records book and page numbers of all existing utility N/A easement; X Building and structure heights; 17.92 17.92 X Impermeable surface ratio (I.S.R.); and 0.595 0.90 0.598 X Floor area ratio (F.A.R.) for all nonresidential uses. 0.0488 0.55 0.0583 jQ REDUCED COLOR SITE PLAN to scale (8 '/ X 11); 19 FOR DEVELOPMENTS OVER ONE ACRE, provide the following additional information on site plan: X One-foot contours or spot elevations on site; X Offsite elevations if required to evaluate the proposed stormwater management for the parcel; X All open space areas; X Location of all earth or water retaining walls and earth berms; X Lot lines and building lines (dimensioned); X Streets and drives (dimensioned); X Building and structural setbacks (dimensioned); X Structural overhangs; C:\Documents and Settings\derek.ferguson\Desktop\planning dept forms 0708\Comprehensive Infill Project (FLD) 2008 07-11.doc Page 5 of 8 H. LANDSCAPING PLAN SUBMITTAL REQUIREMENTS: (Section 4-1102.A) X LANDSCAPE PLAN with the following information (not to exceed 24"x 36"): X All existing and proposed structures; X Names of abutting streets; X Drainage and retention areas including swales, side slopes and bottom elevations; X Delineation and dimensions of all required perimeter landscape buffers; X Sight visibility triangles; X 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 X tree surrey); Location, size, and quantities of all existing and proposed landscape materials, indicated by a key relating to the plant X schedule; Plant schedule with a key (symbol or label) indicating the size, description, specifications, quantities, and spacing requirements of all X existing and proposed landscape materials, including botanical and common names; Typical planting details for trees, palms, shrubs and ground cover plants including instructions, soil mixes, backfilling, mulching and X protective measures; Interior landscaping areas hatched and/or shaded and labeled and interior landscape coverage, expressing in both square feet and X percentage covered; K'?A Conditions of a previous development approval (e.g. conditions imposed by the Community Development Board); X Irrigation notes. 13 REDUCED COLOR LANDSCAPE PLAN to scale (8 Y3 X 11); COMPREHENSIVE LANDSCAPE 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. 1. BUILDING ELEVATION PLAN SUBMITTAL REQUIREMENTS: (Section 4-202.A.23) M BUILDING ELEVATION DRAWINGS -with the following information: X All sides of all buildings X Dimensioned X Colors (provide one full sized set of colored elevations) X Materials iI REDUCED BUILDING ELEVATIONS - same as above to scale on 8 Y2 X 11 J. SIGNAGE: (Division 19. SIGNS / Section 3-1806) 14 All EXISTING freestanding and attached signs; Provide photographs and dimensions (area, height, etc.), indicate whether they will be removed or to remain. M All PROPOSED freestanding and attached signs; Provide details including location, size, height, colors, materials and drawing; freestanding signs shall include the street address (numerals) ? Comprehensive Sign Program application, as applicable (separate application and fee required). N/A ? Reduced signage proposal (8 %X 11) (color), if submitting Comprehensive Sign Program application. N/A C:\Documents and Settings\derek.ferguson\Desktop\planning dept forms 0708\Comprehensive Infill Project (FLD) 2008 07-11.doc Page 6 of 8 J ? K. TRAFFIC IMPACT STUDY: (Section 4202.A.13 and 4-801.C) ? Include if required by the Traffic Operations Manager or his/her designee or if the proposed development: N/A • Will degrade the acceptable level of service for any roadway as adopted in the Comprehensive Plan. ¦ Will generate 100 or more newvehicle directional trips per hour and/or 1000 or more newvehicle 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 OTE) 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 ]3 Acknowledgement of traffic impact study requirements (Applicant must initial one of the following): Traffic Impact Study is included. The study must include a summary table of pre- and post-development levels of service for all roadway legs and each turning movement at all intersections identified in the Scoping Meeting. ?J,G ........ X.... ....... 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 questions 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 support the needs of any required fire sprinkler, standpipe and/or fire pump. If a fire pump is required the water supply must be able to supply 1'50:& of its rated capacity. Compliance with the 2004 Florida Fire Prevention Code to include NFPA 13, MFPA 14, NFPA 20, NFPA 291, and MFPA 1142 (Annex H) is required. D Acknowledgement of fire flow calculations/water study requirements (Applicant must initial one of the following): _ _ Fire Flow CalcelationsM/ater Study is included. X Fire Flow Calculations/Water 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). 562-4334. M. SIGNATURE: 1, the undersigned, acknowledge that all representations made in this application are true and accurate to the best of my knowl and authorize City representatives to visit and phot rap the property described' in this application. Signature of property owner or representative STATE OF FLORIDA, COUNTY OF PINE m to qnd subscribed before me this day of 9,0-A A L , A.D. 20 to me and/or by all who is personally known has produced t /1 as identification. 6,4 . _,4? No ry public, My commission expires: Q>h a //l11 , n C:\Documents and Settings`derek.ferguson\Desktop\pianning dept forms 0705 Comprehensive Infill Project (FLD) 2008 07-11.doc Page 7 of 8 rye ?. 4,,.,,lw,? 00 Po Notary Public State of Florida to ?cn Nona Carol Hamilton c My Commission DD798969 ;'t'orn. Expires 08118/2012 N. AFFIDAVIT TO AUTHORIZE AGENT: 1. Provide names of all property owners on deed - PRINT full names: MCDONALDS CORPORATION 2. That (I am/we are) the owner(s) and record title holder(s) of the following described property (address or general location): 1934 .NORTH .HERCULES__AVENUE, CLEARWATER?_---FLORIDA--337-63 _______--___-____ ................................. 3. That this property constitutes the property for which a request for a: (describe request) THE___PROPOSED__ REMODEL ,WILL_. CONSIST__.OF ADDING„ 575_,, SF.__SEATING .AREA, ._..,,._,.- A SIDE-BY-SIDE DRIVE THRU LANE, A NEW SIDEWALK AND ADDITIONAL LANDSCAPE. 4. That the undersigned (has/have) appointed and (does/do) appoint BRALTL O.._GRA. ALES.... I...HIGH.... P41NT.-EN(3................................ ............................................................................................ as (his/their) agent(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. That site vi : to the property are necessary by City representatives in order to process this application and the owner authorizes City represe tine to visit and photograph the property described in this application; That /we undersii ned authority, hereby certify that the foregoing is true and correct. ,lam ? ?t•-ADO ? froperIX Omer Property Owner Property Owner Property Owner STATE OF FLORIDA, COUNTY OF PINELLAS fore me the undersigned, an officer duty comrrussioned by the 1 ws of the State of Florida, on this / personally appeared-- Deposes and says tha? he fully understands the contents of the affidavit that he/she signed. Notary Seal/Stamp Notary My Commission Expires: - _?_ - day of who having been first duly swom 'yu igotary Public State of Florida tona Carol Hamilton C1 nd L atn\ C immission DD798969 c 08/18/201 enires 2 C:\Documents and Settings\derek.ferguson\Desktop\planning dept forms 0708\Comprehensive Infill Project (FLD) 2008 07-11.doc Page 8 of 8 FLEXIBLE DEVELOPMENT APPLICATION COMPREHENSIVE INFILL REDEVELOPMENT PROJECT MCDONALDS RESTAURANT REMODEL 1934 N. HERCULES AVENUE, CLEARWATER, FLORIDA 33763 HPE PROJECT: 09-003-MDC DATE: MAY 17, 2010 DESCRIPTION OF REQUEST: Flexible development approval for Comprehensive Infill Redevelopment Project as per the standards contained within Section 2-704 of the City of Clearwater Community Development Code with the following reductions: • The front setback to pavement along the East property boundary (Hercules Avenue) from 25 feet to 12.6 feet. • The side setback to pavement along the South property boundary from 10 feet to 8.4 feet. • The side setback to dumpster enclosure along the West property boundary from 10 feet to 5.0 feet. • The minimum off-street parking required from 56 spaces to 38 spaces. INTRODUCTION: The project site is located in Sunset Oaks Subdivision and is comprised of two parcels identified by Pinellas County Property Appraiser by parcel numbers: 01/29/15/88046/000/0011 and 01/29/15/88046/000/0020. The property is located on the northwest corner of Hercules Avenue (CR 425) and Sunset Point Road (CR 576) in Section 1, Township 29 South, Range 15 East within the incorporated area of the City of Clearwater. The total site area of the two parcels combined is approximately 1.471 acres (64,083 sf) and is bounded by Sunset Point Road to the south and Hercules Avenue to the east. The existing development includes a 3,130 sf restaurant building, 43 surface parking spaces, and a dry detention pond. The site address is 1934 Hercules Avenue, Clearwater, Florida 33763. The restaurant remodel will consist of adding 575 sf of enclosed seating area on the east side, adding 32 sf of enclosed storage area on the north side, constructing a new fagade, installing a side-by-side drive-thru lane, reducing the off-street parking supply from 43 spaces to 38 spaces and relocating the double dumpster enclosure. The setbacks, drainage, parking and landscaping are designed to support the proposed remodel. GENERAL APPLICABLE CRITERIA (Code Section 3-913.A) 1) The proposed development of the land will be in harmony with the scale, bulk, coverage, density and character of adjacent properties in which it is located. 1 The surrounding sites are developed with a mixture of retail, office, service establishments, institutional, attached dwellings, and recreational. The scale, bulk, coverage, density and character of the existing restaurant are appropriate and consistent with the approved development trend in the surrounding area. The proposed expansion will increase the building's Floor Area Ratio from 0.049 to 0.058 and the site's Impervious Surface Ratio from 0.595 to 0.598. Nevertheless, the site will continue in harmony with the scale, bulk, coverage, density and character of the existing built environment in the vicinity. 2) The proposed development will not hinder or discourage the appropriate development and use of adjacent land and buildings or significantly impair the value thereof. Upon completion, the restaurant remodel and subsequent improvements will increase the value of the subject site, thereby providing a positive influence on the surrounding property values. The proposed expansion will improve the appearance of the existing building, improve interior traffic circulation, and reduce the vehicular use area all of which will further promote development and investment in the area. 3) The proposed development will not adversely affect the health or safety of persons residing or working in the neighborhood of the proposed use. No health or safety concerns are anticipated with the restaurant remodel as the existing site adheres to all required visibility triangles, provides responsible site drainage and provides nicely landscaped yards. 4) The proposed development is designed to minimize traffic congestion. The site will continue providing efficient traffic circulation so as not to adversely impact the surrounding street network. 5) The proposed development is consistent with the community character of the immediate vicinity of the parcel proposed for development. The restaurant remodel will reflect a modern architectural style which uses a mix of construction materials such as stone, metal, glass and stucco to create presence and distinction. It will create an elegantly appointed elevated facade improving the character of the existing site. The fagade will also provide a visual relief, interest and street appeal. Through the use of sustainable materials and symmetrical design, the proposed remodel will enhance the look of Hercules Avenue while remaining harmonious with existing development in the area. 6) The design of the proposed development minimizes adverse effects, including visual, acoustic and olfactory and hours of operation impacts, on adjacent properties. 2 No adverse effects relating to visual, acoustic, olfactory or hours of operation issues will be created by the proposed remodel. No visual obstructions are being created and the current hours of operation will not change. COMPREHENSIVE INFILL REDEVELOPMENT CRITERIA (Code Section 2-704 (C)) 1) The development or redevelopment is otherwise impractical without deviations from the use and/or development standards set for in this zoning district. To keep the proposed remodel practical, the following reductions are requested: Front and Side Setbacks: The existing front setback to pavement along the east property boundary (Hercules Avenue) and the side setback to pavement along the south property boundary are required to keep the existing cross access with the property to the north and the existing angled parking on the north and south side of the restaurant. The proposed reduction of side setback to dumpster enclosure along the West property boundary from is required to provide sufficient space for the proposed side-by-side drive-thru bypass lane. The need for side-by-side drive-thru bypass lane is necessary to create efficient traffic circulation within the site. Parking: A reduction of required off-street parking is requested to preserve ten large live oak trees located along the east side of the existing pond. The reduction of off-street parking supply is supported in the attached parking demand study. 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. The request to reduce front and side setbacks and off-street parking will not provide negative effects on the adjacent properties and surrounding areas which is a goal and policy of the comprehensive plan. After the remodel, the restaurant will continue to serve the needs of the surrounding neighborhoods by providing convenient access to goods without adversely impacting the safe and efficient traffic circulation or diminishing the scenic quality of Hercules Avenue. 3) The development or redevelopment will not impede the normal and orderly development and improvement of surrounding properties. The expanded restaurant is consistent with the scale and intensity of surrounding development. Thus, the restaurant expansion will not impede the normal and orderly redevelopment and improvements of the surrounding areas. To the contrary, the proposed remodel will have a positive effect on surrounding property values by promoting further investment in this area. 4) Adjoining properties will not suffer substantial detriment as a result of the proposed development. Adjoining properties will not suffer any detriment as a result of the proposed remodel. To the contrary, the restaurant expansion will be consistent with the character of surrounding development providing further encouragement for redevelopment in the area. 5) The proposed use shall be otherwise be permitted by 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 Restaurant use is permitted within the Commercial "C" zoning district as minimum standard, flexible standard and flexible development. 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 After the remodel, the restaurant will continue to provide economic activity and support to the local tax base. c. The development proposal accommodates the expansion or redevelopment of an existing economic contributor The proposed expansion of the seating and storage areas as well as the implementation of a side-by-side drive-thru will improve operations and will expand business activity on the area. d. The proposed use provides for the provision of affordable housing N/A e. The proposed use provides for the 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 rezoning designation 4 N/A f. The proposed use provides for the development of a new and/or preservation of a working waterfront use N/A 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 Restaurant use is permitted within the Commercial "C" zoning district. The proposed remodel will not impede the normal and orderly development and improvement of the surrounding properties. In addition, the proposed expansion will bring additional encouragement for improvement and redevelopment in the area. b. The proposed development complies with applicable design guidelines adopted by the City N/A. c. The design, scale and intensity of the proposed development support the established or emerging character of an area The proposed expansion will be consistent with the approved development trend in the vicinity, the established character of the area and the existing built environment. The proposed remodel includes a Floor Area Ratio of 0.058 and an Impervious Surface Ratio of 0.598. These parameters are below the maximum development potential set for the Commercial General "CG" future land use designation (i.e. 0.55 Floor Area Ratio and 0.95 Impervious Surface Ratio). d. In order to form a cohesive, visually, interesting and attractive appearance, the proposed development incorporates a substantial number of the following design elements: (x) Changes in horizontal building planes (x) Use of architectural details such as columns, cornices, stringcourses, pilasters, porticos, balconies, railings, awnings, etc (x) Variety in materials, color and texture () Distinctive fenestration patterns () Building setbacks () Distinctive roof forms 5 e. The proposed development provides for appropriate buffers, enhanced landscape design and appropriate distance between buildings. The existing site provides appropriate landscape buffers along Hercules Avenue and the north, south and west property boundaries. Further, the buffers along the north, south and west property boundaries include mature live oaks trees that create a positive visual effect on pedestrians and upgrade the look of surrounding sites. 6 Clearwater Planning Department 100 South Myrtle Avenue Clearwater, Florida 33756 Telephone: 727-562-4567 Fax: 727-562-4865 SUBMIT ORIGINAL SIGNED AND NOTARVED APPLICATION SUBMIT 14 COPIES OF THE ORIGINAL APPLICATION -Plans and application are required to be collated, stapled and folded into sets CASE NUMBER: RECEIVED BY (Staff Initials): DATE RECEIVED: * NOTE: A TOTAL OF 15 SETS OF THIS APPLICATION AND ALL SUPPORTING DOCUMENTATION IS REQUIRED TO BE SUBMITTED IN CONJUNCTION WITH A COMPLETE LEVEL ONE OR LEVEL TWO APPLICATION. COMPREHENSIVE LANDSCAPE PROGRAM (Revised 0412412007) PLEASE TYPE OR PRINT- APPLICANT, PROPERTY OWNER AND AGENT INFORMATION: (Code Section 4-202.A) APPLICANT NAME: MCDONALDS CORPORATION MAILING ADDRESS: 10150 HIGHLAND MANOR PHONE NUMBER: ($13) 630-9634 CELL NUMBER: PROPERTY OWNER(S): List ALL owners on the deed AGENTNAME: BRAULIO GRAJALES / HI MAILING ADDRESS: 630 CHESTNUT STREET, PHONE NUMBER: (727) 723-3771 CELL NUMBER: FAX NUMBER: _($13) 621- EMAIL: NT ENGI EARWATER FLORIDA 33756 FAXNUMBER: (727) 723-7150 EMAIL: BGRAJALESQHPE-FL. COM 1. ARCHITECTURAL THEME: a. The landscaping in a Comprehensive Landscape Program shall be designed as a part of the architectural theme of the principal buildings proposed or developed on the parcel proposed for the development. NZA OR b. The design, character, location and/or materials of the landscape treatment proposed in the Comprehensive Landscape Program shall be demonstrably more attractive than landscaping otherwise permitted on the parcel proposed for development under the minimum landscape standards. SEE ATTACHED C:1Documents and SeffingsWerekferguson%De&Vopip/anninglonna 07071Comprehensive Landscape Program 04-24.07.doc Page 1 of 2 2. COMMUNITY CHARACTER: The landscape treatment proposed in the Comprehensive Landscape Program will enhance the community character of the City of Clearwater. SEE ATTACHED 3. PROPERTY VALUES: The landscape treatment proposed in the Comprehensive Landscape Program will have a beneficial impact on the value of the property in the immediate vicinity of the parcel proposed for development. SEE ATTACHED 4. SPECIAL AREA OR SCENIC CORRIDOR PLAN: The landscape treatment proposed in the Comprehensive Landscape Program is consistent with any special area or scenic corridor plan which the City of Clearwater has prepared and adopted for the area in which the parcel proposed for development is located. SEE ATTACHED THE LANDSCAPING REQUIREMENTS OF ARTICLE 3, DIVISION 12 MAY BE WAIVED OR MODIFIED AS A PART OF A LEVEL ONE OR LEVEL TWO APPLICATION, AS THE CASE MAY BE, IF THE APPLICATION FOR DEVELOPMENT APPROVAL INCLUDES A COMPREHENSIVE LANDSCAPE PROGRAM, WHICH SATISFIES THE ABOVE CRITERIA. THE USE OF LANDSCAPE PLANS, SECTIONS / ELEVATIONS, RENDERINGS AND PERSPECTIVES MAY BE NECESSARY TO SUPPLEMENT THE INFORMATION PROVIDED ON THIS WORKSHEET. SIGNATURE: I, the undersigned, acknowledge that all representations made in this ap oa are true and accurate to the best of my know) dge an authorize City representatives to visit and phot raph the property described in this application. of property owner or STATE .3 FLORIDA, COUNTY a OF PIN his I f) '$ Sw m to .3 d subscribed before me this ; ay of A.D. 20 O to me and/or by 'IL AN who is personally known has as My cdmmission expires: Florida roar "? w=Hamilton M8969 NExC:tDocumenis and Setiingslderekf ergusonU)esktoplp/anningforms 0707tComprehensive Landscape Program 04-2407.doc Page 2 of 2 COMPREHENSIVE LANDSCAPE PROGRAM MCDONALDS RESTAURANT REMODEL 1934 N. HERCULES AVENUE, CLEARWATER, FLORIDA 33763 HPE PROJECT: 09-003-MDC DATE: MAY 17, 2010 DESCRIPTION OF REQUEST To allow the following landscape reductions: - The landscape buffer along the East property boundary (Hercules Avenue) from 15 feet to 12.6 feet. INTRODUCTION: The project site is located in Sunset Oaks Subdivision and is comprised of two parcels identified by Pinellas County Property Appraiser by parcel numbers: 01/29/15/88046/000/0011 and 01/29/15/88046/000/0020. The property is located on the northwest corner of Hercules Avenue (CR 425) and Sunset Point Road (CR 576) in Section 1, Township 29 South, Range 15 East within the incorporated area of the City of Clearwater. The total site area of the two parcels combined is approximately 1.471 acres (64,083 sf) and is bounded by Sunset Point Road to the south and Hercules Avenue to the east. The existing development includes a 3,130 sf restaurant building, 43 surface parking spaces, and a dry detention pond. The restaurant remodel will consist of adding 575 sf of enclosed seating area on the east side, adding 32 sf of enclosed storage area on the north side, constructing a new fagade, installing a side-by-side drive-thru lane, reducing the off-street parking supply from 43 spaces to 38 spaces and relocating the double dumpster enclosure. The setbacks, drainage, parking and landscaping are designed to support the proposed remodel. 1. ARCHITECTURAL THEME a. The landscaping in a comprehensive landscape program shall be designed as a part of the architectural theme of the principal buildings proposed or developed on the parcel proposed for development N/A b. The design, character, location and/or materials of the landscape treatment proposed in the comprehensive landscape program shall be demonstrably more attractive than landscaping otherwise permitted on the parcel proposed for development under the minimum landscape standards • A balanced design for the new foundation landscape that mixes palms, flowering shrubs and variegated small plantings. • A balanced design for two new interior landscape islands within the proposed side- by-side drive-thru lane that mixes palms, flowering and non flowering shrubs of different sizes, and variegated small plantings and ground cover. The landscape plan preserves 32 mature and young live oak trees, five sycamore trees, eight cypress trees and 23 young crape myrtles. Further, one live oak tree, 12 sabal palms, 20 chinese hibiscus, 30 sand cord grass, 54 indian hawthorne and 210 variegated flax lilies will be added to the existing landscape treatment. 2. LIGHTING Any lighting proposed as a part of a comprehensive landscape program is automatically controlled so that the lighting is turned off when the business is closed Existing outdoor lighting will continue meeting the City of Clearwater Community Development Code. 3. COMMUNITY CHARACTER The landscape treatment proposed in the comprehensive landscape program will enhance the community character of the City of Clearwater The proposed planting materials will enhance the look of the expanded building and surrounding properties. 4. PROPERTY VALUES The landscape treatment proposed in the comprehensive landscape program will have a beneficial impact on the value of property in the immediate vicinity of the parcel proposed for development The number, size, quality of the proposed plantings and the balanced design for the new foundation landscape and the two new interior landscape islands within the proposed side-by-side drive thru lane will offer upgraded and positive value to the immediate vicinity. 5. SPECIAL AREA OR SCENIC CORRIDOR PLAN The landscape treatment proposed in the comprehensive landscape program is consistent with any special area or scenic corridor plan which the City of Clearwater has prepared and adopted for the area in which the parcel proposed for development is located The existing mature live oak trees create a positive visual effect on pedestrians and vehicles driving on Hercules Avenue. 2