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FLD2010-05004; 2414 ENTERPRISE RD; DANIELSON LTDFLD2010-05004 2414 ENTERPRISE RD Date Received: 5/28/2010 3:22:44 PM Danielson, LTD ZONING DISTRICT: LAND USE: ATLAS PAGE: 232B PLANNER OF RECORD: S -K PLANNER: A. Scott Kurleman, Planner III CDB Meeting Date: August 17, 2010 Case Number: FLD2010-05004 Agenda Item: D. 2. Owner: Danielson, LTD. Address: 2414 Enterprise Road and 26034 U.S. Hwy 19 North CITY OF CLEARWATER PLANNING AND DEVELOPMENT DEPARTMENT STAFF REPORT GENERAL INFORMATION: REQUEST: Flexible Development application to permit an educational facility and retail sales and services in the Commercial (C) District with a lot area of 89,912 square feet, a lot width of 260 feet along Enterprise Road and 190 feet along U.S. Highway 19 North , a front (north) setback of 79.3 feet (to existing building), 4.6 feet (to pavement), a front (east) setback of 89.8 feet (to existing building), 38.17 feet (to pavement), a side (south) setback of 16 feet (to existing building), zero feet (to pavement), a side (east) setback of 24.1 feet (to existing building), zero feet (to pavement), a rear (south) setback of 100 feet (to existing building), 1.67 feet (to pavement), a side (west) setback of 48.9 feet (to existing building), 2.2 feet (to pavement), a building height of 15 feet (to top of flat roof) and 85 parking spaces, as a Comprehensive Infill Redevelopment Project under the provisions of Community Development Code (CDC) Section 2-704.C, with a reduction to the perimeter landscape buffer along Enterprise Road from 15 feet to 4.6 feet (to pavement), a reduction to the perimeter landscape buffer along U.S. Highway 19 from 15 feet to zero feet (to pavement), a reduction to the west perimeter landscape buffer from five feet to 2.2 feet (to pavement), a reduction to the south (rear) perimeter landscape buffer from five feet to 1.67 feet (to pavement), a reduction to the south (side) perimeter landscape buffer from five feet to zero feet (to pavement), a reduction to the east perimeter landscape buffer from five feet to zero feet (to pavement), a reduction to the interior landscape requirement from 12 percent to 10.8 percent of the vehicular use area, a reduction to the width of the foundation landscape area on the east from five feet to 1.1 feet, a reduction to the size of the interior landscape island from 150 square feet to 50 square feet and a reduction to the width of the interior landscape island from eight feet to five feet, as a Comprehensive Landscape Program under the provisions of CDC Section 3-1202.G. CURRENT ZONING: Commercial (C) District Community Development Board -August 17, 2010 FLD2010-06002 - Page 1 CURRENT LAND USE PLAN CATEGORY: Commercial General (CG) PROPERTY USE: Current Use: Vacant Proposed Use: Educational Facility and Retail Sales/Services EXISTING North: Commercial (C) District SURROUNDING Restaurant ZONING AND USES: South: Unincorporated, Institutional Utility/Infrastructure East: Commercial (C) District Retail Sales/Services West: Commercial (C) District Office ANALYSIS: Site Location and Existing Conditions: The 2.06 acre subject property is located at the southwest corner of U.S. Highway 19 North and Enterprise Road. The parcel is oddly shaped having two front property lines, three side property lines and one rear property line. Two structures exist on the site today, one addressed off of Enterprise Road and the other addressed off of U.S. Highway 19. The Enterprise Road structure is a 10,179 square feet structure in which the last use was a Morgan Stanley office that closed in August 2007. The U.S. Highway 19 structure is an 8,178 square foot structure in which the last use was Leather Express that closed in October 2009. A 40-foot wide right-of-way access easement exists to the east of the site along U.S. Highway 19. The site shares an ingress/egress area to U.S. Highway 19 along with driveway and access agreements with the site to the south which is currently vacant and has been so since November 2008. Another ingress/egress area exists on the Enterprise Road frontage. Pssghetti's restaurant is directly north of this site and an office complex is located west of the site. East of the site across U.S. Highway 19 a Chick-Fil-A as well as other restaurants and retail establishments and south of the site is a Progress Energy utility easement. Development Proposal: The proposal is to re-establish a retail sales/services use in the U.S. Highway 19 structure and an Education Facility use in the Enterprise Road structure. Pursuant to Community Development Code (CDC) Section 6-102.E, if the use of a nonconforming structure is abandoned for a period of six consecutive months, the future use of the structure shall be brought into full compliance with all the requirements of the Development Code; thus the filing of a Comprehensive Infill Redevelopment application. A tenant has not been secured for the proposed retail sales use however, Fasttrain will occupy the Enterprise Road structure. Fasttrain specializes in providing training and educational opportunities as nursing and healthcare technicians, computer technicians and IT specialist. Fasttrain works closely with minorities and others to gain government assistance with tuition. Both structures have been maintained well while they were vacant. The stucco structure on Enterprise Road currently has a substantial number of awnings, a distinctive roof form at the Community Development Board -August 17, 2010 FLD2010-06002 - Page 2 main entrance and the use of cornices along the roof line. The structure on U.S. Highway 19 is painted with a bold turquoise accent color and overall lacks visual interest. Other than re- painting the U.S. Highway 19 structure no architectural enhancements are proposed. While the applicant does not want to enhance the building architecturally, as the tenant is unknown at this time, it is a requirement under the Comprehensive Infill Project criteria. As the entire site is being reviewed for compliance with the Community Development Code, a condition of approval is attached that states prior to either building obtaining a Certificate of Occupancy or Business Tax Receipt the applicant must provide a substantial number of design elements such as the use of columns, cornices, stringcourses, pilasters, porticos, balconies or awnings to the U.S. Highway 19 structure. Regarding the site, the parking will be reconfigured and restriped to comply with ADA requirements and additional interior landscape islands are proposed along with enhanced buffers. The existing parking lot will remain with setbacks to pavement as follows: a front (north) setback of 4.6 feet, a front (east) setback of 38.17 feet, a side (south) setback of zero feet, a side (east) setback of zero feet, a rear (south) setback of 1.67 feet and a side (west) setback of 2.2 feet. The development proposal's compliance with the applicable development standards of the Community Development Code (CDC) is discussed below. Intensity: Pursuant to the Countywide Plan Rules and CDC Section 2-701.1, the maximum allowable intensity is a floor area ratio (FAR) of 0.55. The proposal is in compliance with the above as it has a FAR of 0.21. Impervious Surface Ratio (ISR): Pursuant to CDC Section 2-701.1, the maximum allowable ISR is 0.90. The overall proposed ISR is 0.71, which is consistent with the above. 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 comparison, the minimum lot area requirement for retail sales and services is 10,000 square feet and 40,000 square feet for educational facilities. The subject property is 89,912 square feet (2.06 acres). Also for comparative purposes, the minimum lot width requirement for retail sales and services is 100 feet and 200 feet for educational facilities. The lot widths along Enterprise Road and U.S. Highway 19 are 265 feet and 190 feet, respectively. While the development proposal does not meet the 200 feet lot width requirement for educational facilities, Staff has found that this minor reduction will not impede the normal and orderly development of the surrounding properties. 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 retail sales and services can range between 15 and 25 feet and for educational facilities it is 25 feet; the side setback for retail sales and services can range between zero and 10 feet and for educational facilities it is 10 feet; and the rear setback for retails sales and services can range between 10 and 20 feet and for educational facilities it is 20 feet. With regard to the existing buildings, the minimum required setbacks are all be greatly exceeded; however flexibility has been requested with regard to the setbacks to the existing off-street parking and vehicular use areas. The request includes a front (north) setback of 4.6 feet (to Community Development Board - August 17, 2010 FLD2010-06002 - Page 3 pavement), a side (south) setback of zero feet (to pavement), a side (east) setback of zero feet (to pavement), a rear (south) setback of 1.67 feet (to pavement) and a side (west) setback of 2.2 feet (to pavement). Both the side (south) and side (east) setbacks to zero feet are to a common shared drive with the property to the south; therefore the request has support from Staff as these reduced setbacks are not visible. Likewise the rear setback of 1.67 feet to pavement abuts the 220 feet wide Progress Energy easement and is not visible to the public as this easement is planted entirely in greenspace. The front (north) setback of 4.6 feet and the side (west) setback of 2.2 feet are to existing parking spaces and there is no opportunity to remove pavement without impacting aisle widths or number of parking spaces. Overall, the setbacks to pavement as requested are acceptable to Staff. 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 retail sales and services can range between 25 and 50 feet and for educational facilities it is 25 feet. The existing buildings are 15 feet in height to the top of the roof, well below that which may be permitted based upon the above Code provisions. Minimum Off-Street Parkinw: 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 retail sales and services is 5 spaces per 1,000 square feet of gross floor area, which for 8,178 square feet of retail floor area results in a requirement of 41 spaces. The off- street parking requirement for educational facilities is one parking space per two students. The maximum amount of students in the Enterprise Road building will be 70, which results in a requirement of 35 spaces. Therefore the total off-street parking requirement for the development would be 76 spaces. The site currently has 91 spaces; however after placement of new interior landscape islands and solid waste refuse areas the site proposes 85 parking spaces, which is nine spaces in excess of the requirement. The possibility of converting the extra parking spaces to landscape islands was considered but since the Community Development Code only requires one parking space for every two students, the applicant felt that requirement did not address staffing at the school and eliminating those nine extra parking spaces would result in an inadequate number of parking spaces for instructors, office staff and counselors. Sight Visibility Triangles: Pursuant to CDC Section 3-904.A, to minimize hazards at the 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 triangle. No structures or landscaping is proposed within the site triangle. Solid Waste: The proposal will utilize two refuse dumpsters located between the two buildings on the rear side of the property. Both dumpsters will be enclosed and the proposal has been found to be acceptable by the City's Solid Waste Department. ig s: Pursuant to CDC Section 6-104.A., in the event a building permit is required for the redevelopment of a principal use/structure, or a principal use/structure is vacant for a period of 180 days, signs on the parcel proposed for development shall be brought into compliance by obtaining a level one approval in accordance with the provisions of Article 4, Division 3. The existing freestanding sign exceeds the allowable height of 14 feet. It is therefore attached as a Community Development Board -August 17, 2010 FLD2010-06002 - Page 4 condition of approval that the freestanding sign be brought into compliance prior to issuance of any permits. Landscaping: Pursuant to CDC Section 3-1202.D.1, this site is required a 15-foot wide landscape buffer along U.S. Highway 19 and Enterprise Road and a five-foot wide landscape buffer is required along all sides and the rear property line. The subject property has an existing 4.6-foot wide landscape buffer along Enterprise Road planted with oaks, shrubs and groundcover. Some areas of this buffer are sparse; as such another oak, Indian hawthorne and ligustrum are proposed to be planted. There is no opportunity to remove pavement and increase the setback nor increase the landscape buffer width as the structures are existing and the parking and drive aisle dimensions do not exceed code requirements. Along U.S. Highway 19 there is over 38 feet of green open space, unfortunately there is a 40-foot right-of-way access easement located there and the Department of Transportation precludes any plant material to be planted within this easement. Therefore, the request includes a reduction to this perimeter landscape buffer from 15 feet to zero feet. Both the side (east) and side (south) landscape buffer requirement of five feet will not be satisfied as this area abuts the shared driveway. The rear (south) landscape buffer exists and is only 1.67 feet in width. The rear buffer abuts the Progress Energy easement and has an existing hedge and the applicant has proposed to install four crape myrtles in this area as shade trees are prohibited near the easement. Likewise the side (west) landscape buffer exists and is only 2.2 feet wide. Fortunately the side (west) landscape buffer abuts a landscape buffer from the adjacent property allowing rooting area for shrub and tree planting in the areas where the existing buffer is sparse. Again, there is no opportunity to remove pavement and increase the setback or landscape buffer width. Pursuant to CDC Section 3-1202.E.2, foundation plantings shall be provided for 100 percent of a building facade with frontage along a street right-of-way. The foundation plantings must be within an area that is a minimum of five feet wide and consist of at least two accent trees or three palm trees for every 40 linear feet of building facade and one shrub for every 20 square feet of required landscape area. A minimum of 50 percent of the area shall contain shrubs with the remainder to be ground cover. The U.S. Highway 19 building facade has some existing shrubs and groundcover in a planting area with an existing width from zero feet to nine feet. Compounding the lack of planting space in some areas is an overhang extending beyond the existing width of the foundation planting area. For this reason the foundation area has no existing accent trees or palm trees and none are proposed. The U.S. Highway 19 facade will be augmented with shrubs and groundcover in the sparse areas. The Enterprise Road facade is approximately 180 feet long and the planting width ranges from five feet to 21 feet. The entire planting area contains some shrubs and groundcover. The first 105 feet of this planting area contain no accent or palm trees and none are proposed. It is therefore attached as a condition of approval that the applicant provide at least four accent trees or six palm trees, or combination of thereof, within the Enterprise Road facade planting area. Pursuant to CDC Section 3-1202.E.1, ten percent of the gross vehicular use area, or twelve percent of the gross vehicular use area if parking spaces are greater than or equal to 110 percent of the required parking, shall be provided as landscape islands a minimum of eight feet wide and 150 square feet in size. As 76 parking spaces are required and the application proposes 85 parking spaces, it has exceeded 110 percent of the required parking and must provide twelve Community Development Board -August 17, 2010 FLD2010-06002 - Page 5 percent of the gross vehicular use area in landscaping islands. The site proposes 10.8 percent of the vehicular use areas to be landscape islands including 699 square feet of additional interior landscape islands. Additionally, some of the islands are not eight feet wide or the minimum 150 square feet. While the proposal does increase the square footage of interior landscape islands it does not achieve the twelve percent requirement. As discussed previously the possibility of converting the extra parking spaces to landscape islands was considered but since the Community Development Code only requires one parking space for every two students, the applicant felt that requirement did not address staffing at the school and does not provide adequate parking spaces for instructors, office staff and counselors. To mitigate for the inadequate size of the interior islands, less than twelve percent of the vehicular use area devoted to interior landscape islands, the inadequate perimeter landscape buffer width and lack of accent or palm trees on the U.S. Highway 19 building fagade, the applicant has proposed to install landscaping in any area where there is opportunity to landscape. Several large "grass" islands have been converted to landscape islands and in addition to improved visual appearance these converted "grass" islands reduce maintenance costs, decrease the use of pesticides and herbicides and reduce irrigation requirements. Due to existing site constraints and the concern of adequate parking being available staff supports the requested landscape reductions. 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 part of N/A N/A 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 proposed X 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 N/A N/A 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 N/A N/A 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. Code Enforcement Analysis: There are no outstanding Code Enforcement issues associated with the subject property. Community Development Board -August 17, 2010 FLD2010-06002 - Page 6 COMPLIANCE WITH STANDARDS AND CRITERIA: The following table depicts the consistency of the development proposal with the standards and criteria as per CDC Sections 2-701.1 and 2-704: Standard Existing / Proposed Consistent Inconsistent F.A.R. 0.55 0.21 X I.S.R. 0.90 0.71 X Minimum Lot Area N/A 89,912 square feet X1 Minimum Lot Width N/A U.S. Highway 19 N 190 feet X1 Enterprise Road 265 feet Maximum Height N/A 15 feet X1 Minimum Setbacks Front: N/A U.S Hwy 19: 89.8 feet (to building) X1 38.17 feet (to pavement) Enterprise Road: 79.3 feet (to building) X1 4.6 feet (to pavement) Side: N/A South: 16 feet (to building) X1 0 feet (to pavement) East: 24.1 (to building) X1 0 feet (to pavement) West: 48.9 feet (to building) X1 2.2 feet (to pavement) Rear: N/A South: 100 feet (to building) X1 1.67 feet (to pavement) Minimum Retail Sales & Services: 85 parking spaces X Off-Street Parking 5 spaces/1,000 sf GFA (41 parking spaces) Educational Facilities: 1 space per 2 students (35 parking spaces) 1 See analysis in Staff Report. Community Development Board -August 17, 2010 FLD2010-06002 - Page 7 COMPLIANCE WITH FLEXIBILITY CRITERIA: The following table depicts the consistency of the development proposal with the Flexibility criteria as per CDC Section 2- 704.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 appropriate distances between buildings. Community Development Board -August 17, 2010 FLD2010-06002 - Page 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 July 1, 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. That the 2.06 acre subject property is located at the southwest corner of U.S. Highway 19 North and Enterprise Road; 2. That the subject property is located within the Commercial (C) District and the Commercial General (CG) Land Use Plan category; 3. The site was previously developed with a Morgan Stanley office in the Enterprise Road building that closed in August 2007, and the U.S. Highway 19 building was developed with Leather Express that closed in October 2009; 4. The proposal includes setback reductions to pavement from all property boundaries; 5. The proposal includes reductions to all perimeter landscape buffer requirements; 6. The proposal includes reductions to the foundation landscape fagade requirements and interior landscape requirements; 7. The proposal includes 85 parking spaces; 8. The existing structures are 15 feet in height; 9. There exists a freestanding sign that is nonconforming to current Code requirements; and 10. There is no outstanding Code Enforcement issues associated with the subject property. Conclusions of Law. The Planning Department, having made the above findings of fact, reaches the following conclusions of law: 1. That the development proposal is consistent with the Standards as per Tables 2-701.1. and 2- 704 of the Community Development Code; Community Development Board -August 17, 2010 FLD2010-06002 - Page 9 2. That the development proposal is consistent with the Flexibility criteria as per Section 2- 704.C of the Community Development Code; 3. That the development proposal is consistent with the General Standards for Level Two Approvals as per Section 3-914.A of the Community Development Code; and 4. The development proposal is consistent with the Flexibility criteria as per Section 3-1202.G of Community Development Code. Based upon the above, the Planning and Development Department recommends APPROVAL of the Flexible Development application to permit an educational facility and retail sales and services in the Commercial (C) District with a lot area of 89,912 square feet, a lot width of 260 feet along Enterprise Road and 190 feet along U.S. Highway 19 North, a front (north) setback of 79.3 feet (to existing building), 4.6 feet (to pavement), a front (east) setback of 89.8 feet (to existing building), 38.17 feet (to pavement), a side (south) setback of 16 feet (to existing building), zero feet (to pavement), a side (east) setback of 24.1 feet (to existing building), zero feet (to pavement), a rear (south) setback of 100 feet (to existing building), 1.67 feet (to pavement), a side (west) setback of 48.9 feet (to existing building), 2.2 feet (to pavement), a building height of 15 feet (to top of flat roof) and 85 parking spaces, as a Comprehensive Infill Redevelopment Project under the provisions of Community Development Code (CDC) Section 2-704.C, with a reduction to the perimeter landscape buffer along Enterprise Road from 15 feet to 4.6 feet (to pavement), a reduction to the perimeter landscape buffer along U.S. Highway 19 from 15 feet to zero feet (to pavement), a reduction to the west perimeter landscape buffer from five feet to 2.2 feet (to pavement), a reduction to the south (rear) perimeter landscape buffer from five feet to 1.67 feet (to pavement), a reduction to the south (side) perimeter landscape buffer from five feet to zero feet (to pavement), a reduction to the east perimeter landscape buffer from five feet to zero feet (to pavement), a reduction to the interior landscape requirement from 12 percent to 10.8 percent of the vehicular use area, a reduction to the width of the foundation landscape area on the east from five feet to 1.1 feet, a reduction to the size of the interior landscape island from 150 square feet to 50 square feet and a reduction to the width of the interior landscape island from eight feet to five feet, as a Comprehensive Landscape Program under the provisions of CDC Section 3-1202.G, subject to the following conditions: Condition of Approval: 1. That, prior to the issuance of a certificate of occupancy or business tax receipt, whichever occurs first, the four accent trees or six palm trees, or combination thereof, be installed in the Enterprise Road foundation landscaping; 2. That, prior to the issuance of any permits, the building elevations must be revised to incorporate a substantial number of design elements into the U.S. Highway 19 structure, such as columns, cornices, stringcourses, pilasters, porticos, balconies, and awnings, 3. That, prior to issuance of a certificate of occupancy or business tax receipt, whichever occurs first, the approved design elements on the U.S. Highway 19 fagade be constructed; 4. That, prior to the issuance of any permits, the proposed paint colors be approved by Planning Staff, 5. That, prior to the issuance of a certificate of occupancy or business tax receipt, whichever occurs first, the existing freestanding sign be brought into compliance with CDC Section 3- 1806; Community Development Board - August 17, 2010 FLD2010-06002 -Page 10 6. That a building permit be obtained for the parking lot improvements, landscaping and building improvements; 7. That, all signage be permitted separately; 8. That, prior to the issuance of a certificate of completion or business tax receipt, whichever occurs first, all of the proposed landscaping shall be installed; and 9. That any electric and communication panels, boxes, and meters located on the exterior of the buildings be painted the same color as the building Prepared by Planning and Development Department Staff: A. Scott Kurleman, Planner III ATTACHMENTS: Location Map; Aerial Map; Zoning Map; Existing Surrounding Uses Map; and Photographs of Site and Vicinity Community Development Board -August 17, 2010 FLD2010-06002 -Page 11 Resume A. Scott Kurleman 100 South Myrtle Avenue Clearwater, FL 33756 727-562-4553 scott.ku rleman(a,mvelearwater.com PROFESSIONAL EXPERIENCE • Planner III • Planner II August 2008 to present June 2005 to August 2008 Regulate growth and development of the City in accordance with land resource ordinances and regulations related to community development. Landscape plan review including: conceptual, variance, and conditional use. 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. • Land Resource Specialist City of Clearwater June 1996 to June 2005 Coordinates with City Legal Department to initiate legal proceedings for non-compliance with City land resource regulations. Landscape re-inspection program. Plans and directs program to ensure that plant material installed per the approved landscape plan remains in a healthy growing condition in perpetuity and restores deficient landscaped with new plant material. Certificate of Occupancy Inspection. Perform inspections with contractors, owners, and City departments to monitor the installation of required landscape material per an approved site plan. Process tree permits ensuring that regulations governing the removal criteria are followed. Provide technical tree evaluations for structural defects, hazards, proper pruning, and identification for trees on public and private properties. • Account Manager Cherry Lake Farms, IMG Enterprise, Inc. 1993 - 1996 Groveland, FL Supervised and managed existing territory accounts, while handling a strategic marketing plan. Planned and directed in-field inspection program for landscape architects, municipalities and private corporations. Prepared technical training modules for corporate employees and customers regarding arboricultural techniques related to trees. • Licensed Marketing Representative Allstate Insurance Company 1991-1993 Clearwater, FL Field inspections of insured structures. Policy service and account maintenance. Store Manager William Natorp company, Inc. 1983-1991 Cincinnati, OH Managed a team of 20 sales people and sales associates in a landscape center. Responsible for teams of employees including but not limited to payroll, budgeting, sales, store and equipment maintenance, workplace safety, and advertising. Managed outdoor staff, merchandised and cared for all outdoor products. Responsible for all indoor staff and horticultural products. EDUCATION GRADUATE - Certificate: Community Development, UNIVERSITY OF SOUTH FLORIDA, TAMPA, FLORIDA. Currently pursuing. BS in Sustainability Management, ST. PETERSBURG COLLEGE, FLORIDA. Currently pursuing. BA in Business Administration, ST. LEO UNIVERSITY, ST. LEO, FLORIDA. Graduated July, 2002 Cum Laude. Major: Management AA in Business Administration, ST. PETERSBURG COLLEGE, FLORIDA. Graduated 1998. Major: Management. AS in Ornamental Horticulture, OHIO STATE UNIVERSITY, WOOSTER, Graduated 1984 Cum Laude. Major: Horticulture Technology with emphasis in Arboriculture. ISA, International Society of Arboriculture, Certified Arborist, FL-0414. b$ T ? a d G y lsoo 26250 262 (? ? 262 6 Ap ,'? ?6?y1 V `S! RQ 'y 2626 G 0 A ' Q? 22 2 ry ?ryp RESTAURANT 262 rib 2621A RESTAURANT & RETAIL 210 00 A6 SALES 26 261 262 261 6111 2 ENTERPRISE RD 0 N N N 260 N e} N N 26p2A OFFICE RETAIL SALES 260 25982 910 25950 25 . • `.. '_','„ 25900 ' ° ' °.. ', • ° ' • • • , , , , . " 259 .. , e . v .: - 6656 Existing Surrounding Uses Map Owner: Danielson, LTD Case: FLD2010-05004 Site: 2414 Enterprise Road Property Size: 2.06 Acres 26034 U.S. H 19 PIN: 31-28-16-20345-000-0010 Atlas Page: 232B 211 a Z G o y e '? Gs MHD z y0 ?'ss 262 262 ° 2y,LAa Ap 262.,1 2 O V 26 a G? Gtr 262 p ?`C,v ? 2y23 2A ?` 2 V 2622p ?a? yy `_ 21A 26 1,6210 26200 2610 261 'b6111 m ?o v _A d. N N N N 26?? N N N X p2A MDR 2a 260 T 2 l 2698 :. .. • • 26950 26910 ... °' 590 ... `.. ... °. m .. .. • • . .. 259 Zoning Map owner: Danielson, LTD Case: FLD2010-05004 Site: 2414 Enterprise Road Property Size: 2.06 Acres 26034 U.S. Hwy 19 PIN: 31-28-16-20345-000-0010 Atlas Page: 232B / Barks C 0. r 1+Y l z R `rte Cedar"Iew Cf 4 rb/AjG o ?e O o O Gs m 79 ?? Cypress Bend Qr o C? z f ENTERPRISE RD ru If RD o - Millwood C== 11 El LLI b FOURTH AVE: J HIRD w PROJECT T ° SI''. AVF- -`{ FIRST A;dE N TRAM Ae[s+ari^ '«' QJ 4 . zirl 2N AYES » ? E^ ^W «^'?ranttstarr' .. ',? .. 1 . Location Map Owner: Danielson, LTD Case: FLD2010-05004 Site: 2414 Enterprise Road Property Size: 2.06 Acres 26034 U.S. Hwy 19 PIN: 31-28-16-20345-000-0010 Atlas Page: 2328 U. S. Hwy 19 building looking west U.S. Hwy 19 building looking south Enterprise Road building Enterprise Road building looking south 2414 Enterprise Road & 26034 U.S. Highway 19 N FLD2010-05004 Page 1 of 2 owl U. S. Hwy 19 building looking south Enterprise Road building looking east Foundation planting area to be improved f ?-t- 40 foot right-of-way easement on U.S. Hwy 19 Restaurant to the east of the subject property 2414 Enterprise Road & 26034 U.S. Highway 19 N FLD2010-05004 Page 2 of 2 Interior landscape island to be landscaped Restaurant to the north of the subject site Corner of U.S Hwy 19 and Enterprise Road FLD2010-05004 -- 2414 ENTERPRISE RD Owner(s): Danielson Ltd 11201 Corporate Cir N #120 St Petersburg, FL 33716-3701 PHONE: No phone, Fax: No fax, Email: No email Applicant: PHONE: No phone, Fax: No fax, Email: No email Representative: Thomas C. Nash, II, Esq. 625 Court Street Clearwater, FL 33756 PHONE: 7274418966, Fax: 7274428470, Email: Tcn@macfar.Com Location: 2.06 acres located at the southwest corner of U.S. Highway 19 North and Enterprise Road. Atlas Page: 2328 Zoning District: Request: Flexible Development application to permit an educational facility and retail sales and services in the Commercial (C) District with a lot area of 89,912 square feet, a lot width of 260 feet along Enterprise Road and 190 feet along U.S. Highway 19 North , a front (north) setback of 79.3 feet (to existing building), 4.6 feet (to pavement), a front (east) setback of 89.8 feet (to existing building), 38.17 feet (to pavement), a side (south) setback of 16 feet (to existing building), zero feet (to pavement), a side (east) setback of 24.1 feet (to existing building), 3.1 feet (to pavement), a rear (south) setback of 100 feet (to existing building), 1.67 feet (to pavement), a side (west) setback of 48.9 feet (to existing building), 2.2 feet (to pavement), a building height of 15 feet (to top of flat roof) and 91 parking spaces, as a Comprehensive Infill Redevelopment Project under the provisions of Community Development Code (CDC) Section 2-704.C, with a reduction to the perimeter landscape buffer along Enterprise Road from 15 feet to 4.6 feet (to pavement), a reduction to the west perimeter landscape buffer from five feet to 2.2 feet (to pavement), a reduction to the south (rear) perimeter landscape buffer from five feet to 1.83 feet (to pavement), a reduction to the south (side) perimeter landscape buffer from five feet to zero feet (to pavement), a reduction to the east perimeter landscape buffer from five feet to zero feet (to pavement), a reduction to the interior landscape requirement from 10 percent to 6.8 percent of the vehicular use area, a reduction to the width of the foundation landscape area on the east from five feet to 1.1 feet, a reduction to the size of the interior landscape island from 150 square feet to 50 square feet and a reduction to the width of the interior landscape island from eight feet to five feet, as a Comprehensive Landscape Program under the provisions of CDC Section 3-1202.G. Proposed Use: Neighborhood Association(s): Presenter: A. Scott Kurleman, Planner III The DRC reviewed this application with the following comments: Fire Review All dumpsters, and any associated screening which consists of combustible fencing around the dumpster pad shall have a minimum separation from the nearest building or building overhang of ten feet (10') ACKNOWLEDGE PRIOR TO CDB RESPONSE: Dumpster and dumpster enclosure have been revised so as to maintain 10' distance from building. Traffic Eng The following items shall be addressed prior to CDB: Review 1. Provide accessible parking stall and sign details compliant with current City standards. (Use Index No. 118 & 119) http://www.myclearwater.com/gov/depts/pwa/engin/Production/stddeVindex aso RESPONSE: Parking stall and plan details have been revised per City standards. 2. Provide an accessible route from a building's accessible entrance to a public sidewalk compliant with Florida Accessibility Code for Building Construction Chapter 11, Section 11-4.3.2. RESPONSE: Accessible route has been shown per Florida Accessibilty Code for Building Construction Chapter 11, Section 11-4.3.2. 3. Provide detectable curb ramp surface (truncated domes) at all existing point of access and where accessible route enters a travelway. (Use FDOT detail. hftp://www.dot.state.fl.us/rddesign/rd/RTDS/08/304.pdf RESPONSE: Truncated domes have been shown per FDOT requirements. 4. Show 20'x 20' sight visibility triangles at the driveway. There shall be no objects in the sight triangle which does not meet the City's acceptable vertical height criteria at a level between 30 inches above grade and eight feet above grade. (City's Community Development Code, Section 3-904). RESPONSE: Currently coordinating with City to use as existing or as otherwise modified. 5. Provide wheel stops for parking stalls abutting sidewalk to prevent a vehicle from overhanging onto a sidewalk. RESPONSE: Wheel stops have been added on plans. 6. Applicant shall bring all substandard sidewalk ramps adjacent entrance drive(s) up to standard, including A.D.A. (Truncated domes per D.O.T. Index #304.) RESPONSE: All revisions have been made to reflect details per code requirements. General Note(s): 1) Applicant shall comply with the current Transportation Impact Fee Ordinance and fee schedule and paid prior to a Certificate of Occupancy (C.O.). No impact fees due per City Engineering Department. 2) DRC review is a prerequisite for Building Permit Review; additional comments may be forthcoming upon submittal of a Building Permit Application. Environmental Please Note: An Asbestos Survey is usually required prior to conducting any demolition Review or renovations. Please contact Pinellas County Air Quality (464-4422) for further information. RESPONSE: Asbestos survey will be provided prior to demolition. Planning 1. Parcel size in acres in not correct. Revise. Review RESPONSE: Parcel size has been corrected on application. 2. Parcel size in square feet is stated as 87,120 on application and 89,912 on site plan. Correct RESPONSE; Parcel size has been corrected on application. 3. Comprehensive Infill Criteria #1 - Explain how the development is impractical without deviations as listed in the revised request. RESPONSE: See application. 4. Comprehensive Infill Criteria #2 - Explain how the redevelopment is consistent with the goals and policies in the Comprehensive Plan (which ones), and how it is consistent with the general purpose, intent, and basic planning objectives of this Code and with the intent and purpose of this zoning district. RESPONSE: See application. 5. Comprehensive Infill Criteria #3 - Explain how the redevelopment will not impede the development of surrounding properties. RESPONSE: See application. 6. Comprehensive Infill Criteria #6d - Incorporate a substantial number of the listed design elements in the building architecture. RESPONSE: See application and revised building elevations. 7. Hedge material replaced where it is currently missing is not enhanced landscape design or appropriate buffers as required. See later comments regarding landscaping. RESPONSE: See revised Landscape Plan. 8. Make a notation on site plan that the current freestanding sign is both nonconforming and unlawful pursuant to CDC Sections 6-104A. &B. and will be removed. Development Order Condition. RESPONSE: Existing signs will be altered to comply with current sign codes. 9. Provide lot width on site data table for both Enterprise and US 19. RESPONSE: Reflected on revised site data table. 10. Revise site data table to reflect landscape interior requirement as 10 percent not 6 percent. RESPONSE: Site data table has been revised to reflect minimum of 10%. Planning 11. As the site has 15 extra parking spaces than required, remove parking spaces to Review meet landscape buffer requirements and interior landscape requirements. RESPONSE: Parking spaces have been removed to add additional green space. Please see revised Landscape Plan. 12. Regarding the Comprehensive Landscape Program application criteria 1, you must fulfill either a. or b. In the case of b. demonstrate how the propsed shrub infill is demonstrably more attractive than that required under minimum landscape standards. 3 RESPONSE: We are requesting buffer reduction which does not allow for improvement other than replacing shrubs and foliage as shown on original Landscape Plan. 13. Regarding the Comprehensive Landscape Program application criteria 3, explain how the proposed landscape treatment will enhance the community character of the City of Clearwater. RESPONSE: Non-conforming interior green space will be improved to meet current City standards. 14. Regarding the Comprehensive Landscape Program application criteria 4, demonstrate how the landscape treatment in the Comprehensive Landscape Program will have a beneficial impact on the value of property in the immediate vicinity. RESPONSE: All existing landscaping will be improved. Additional landscaping will be added to new greenspace areas. Some greenspace areas now consisting of grass will be improved with plants and ground cover foliage. The improvements in the landscape will make the parcel more aesthetically pleasing to the general public and therefore have a positive economic impact on surrounding properties. 15. Provide a detailed description of the proposed educational facility use. Staff must be able to explain the proposed use both in writing and verbally. RESPONSE: Fasttrain II, Inc. is the tenant that will be occupying the building. Fasttrain has been in business in Florida for over ten (10) years and specializes in providing training and education opportunities to students of all ages and backgrounds. Examples include: nursing and health care technicians, computer technicians, IT specialists and other similar type vocations. Fasttrain works closely with minorities and others to gain government assistance with tuition. Fasttrain prides itself on producing quality employees for businesses in our community and throughout the State of Florida. The facility will contain classrooms so as to accomplish the foregoing. 16. Provide square footages for all interior landscaping. Note that foundation landscaping and buffer landscaping may not be included in this calculation unless those are being exceeded by code requirements. RESPONSE: See revised Landscape Plan to comply with current City standards. 17. Provide wheel stops in all parking spaces abutting landscape. RESPONSE: Wheel stops have been reflected on Sheet A-1. Planning 18. Provide additional landscape material in the front (east) foundation area at 26034 Us Review Hwy 19 site. RESPONSE: See revised Landscape Plan reflecting additional landscape material. 19. While the site plan indicates tree and shrub coverage on the west side of the site, many trees and shrubs are in decline and some palms which have grown in on their own do not count as trees due to the lack of size. One shade tree or two accent trees are required every 35 feet as well as 100 percent shrub coverage in the buffer. RESPONSE: See revised Landscape Plan. 20. The west side (foundation area) of the 2414 Enterprise Rd site has large gaps with no landscaping. RESPONSE: See revised Landscape Plan. 4 21. To the south of the 2414 Enterprise site there is a large island planted with turf grass. Convert this and any other turf grass area into landscape areas to help create enhanced landscape design and reduce maintenance costs of mowing, irrigation, and pesticide use. RESPONSE: See revised Landscape Plan. 22. Acknowledge that the parking lot will be restriped. RESPONSE: Yes, parking lot will be restriped. Planning 23. Revise request to :Flexible Development application to permit an educational facility Review and retail sales and services in the Commercial (C) District with a lot area of 89,912 square feet, a lot width of 260 feet along Enterprise Road and 190 feet along U.S. Highway 19 North , a front (north) setback of 79.3 feet (to existing building), 4.6 feet (to pavement), a front (east) setback of 89.8 feet (to existing building), 38.17 feet (to pavement), a side (south) setback of 16 feet (to existing building), zero feet (to pavement), a side (east) setback of 24.1 feet (to existing building), 3.1 feet (to pavement), a rear (south) setback of 100 feet (to existing building), 1.67 feet (to pavement), a side (west) setback of 48.9 feet (to existing building), 2.2 feet (to pavement), a building height of 15 feet (to top of flat roof) and 91 parking spaces, as a Comprehensive Infill Redevelopment Project under the provisions of Community Development Code (CDC) Section 2-704.C, with a reduction to the perimeter landscape buffer along Enterprise Road from 15 feet to 4.6 feet (to pavement), a reduction to the west perimeter landscape buffer from five feet to 2.2 feet (to pavement), a reduction to the south (rear) perimeter landscape buffer from five feet to 1.83 feet (to pavement), a reduction to the south (side) perimeter landscape buffer from five feet to zero feet (to pavement), a reduction to the east perimeter landscape buffer from five feet to zero feet (to pavement), a reduction to the interior landscape requirement from 10 percent to 6.8 percent of the vehicular use area, a reduction to the width of the foundation landscape area on the east from five feet to 1.1 feet, a reduction to the size of the interior landscape island from 150 square feet to 50 square feet and a reduction to the width of the interior landscape island from eight feet to five feet, as a Comprehensive Landscape Program under the provisions of CDC Section 3-1202.G. RESPONSE: Request as stated on application has been revised. Planning Provide crape myrtles or other accent trees in buffer near Progress Energy easement. Review RESPONSE: See revised Landscape Plan. Engineering General Note: All resubmittals shall be accompanied with a response letter addressing Review how each department condition has been met. General Note: If the proposed project necessitates infrastructure modifications to satisfy site-specific water capacity and pressure requirements and/or wastewater capacity requirements, the modifications shall be completed by the applicant and at their expense. If underground water mains and hydrants are to be installed, the installation shall be completed and in service prior to construction in accordance with Fire Department requirements. General Note: DRC review is a prerequisite for Building Permit Review; additional comments may be forthcoming upon submittal of a Building Permit Application. h:\tcn\first group\2414 enterprise road\dre comments - response.doc 5 :, Planning Department f Cleamater 100 South Myrtle Avenue Clearwater, Florida 33756 Telephone: 727-562-4567 Fax: 727-562-4865 ? SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION ? SUBMIT 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 ? SUBMIT APPLICATION FEE 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: DANIELSON, LTD. MAILING ADDRESS: 11201 Danka Circle N._, St._ Peterburg. FL 33716 PHONE NUMBER: FAX NUMBER: CELL NUMBER EMAIL: PROPERTY OWNER(S): DANIELSON,--LTDJ , a _Fl-ox -da-__I..imiteA partnership--__- List ALL owners on the deed AGENT NAME: THOMAS C. NASH, II ESQ...... MAILING ADDRESS: Post Office Box 1669, Clearwater, FL 33757 PHONE NUMBER: (]27)441-8 66 _ FAX NUMBER: __U27) 442-847( CELL NUMBER: EMAIL: tcn@macfar.com B. PROPOSED DEVELOPMENT INFORMATION: (Code Section 4-202.A) PROJECT NAME: PROJECT VALUATION: $ STREET ADDRESS PARCEL NUMBER(S): 31-28-16-20345-000-0010 ----- -- - - - - PARCEL SIZE (acres): 2.-0 acres PARCEL SIZE (square feet): 89,912 LEGAL DESCRIPTION: Legal_ description will not fit on lines provided;_please see legal--description--an_-.Schedule _"A"__to__this---- applicat-ion.- PROPOSED USE(S): DESCRIPTION OF REQUEST: 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.) ---application--. r CADocuments 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 (TOR), A PREVIOUSLY APPROVED PLANNED UNIT DEVELOPMENT, OR A PREVIOUSLY APPROVED (CERTIFIED) SITE PLAN? YES _ NO _ (if yes, attach a copy of the 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 7) D. 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: 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. The two existin build" __con_form,---._ No exterior-work_-. s_ to be dwne 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. surraunding_hu.ildings ire __.Ther-e-i&_no _impact__on___the__surro_und.ing_. g.rn_perties- -__The_ Retail / Office & Restaurants. 3. The proposed development will not adversely affect the health or safety of persons residing or working in the neighborhood of the proposed use. The work to be _performed is interi --al.te_ra on only- The___temants--sha11__ha-ve no life safety impact. on the neighborhood - - 4. - --------- - - ------- The proposed development is designed to minimize traffic congestion. The nav.ing.,___parky? ng and curb c t s are-existing_._-- o-.new__garkis-b.eing-- adde d . -------- 5. The proposed development is consistent with the community character of the immediate vicinity of the parcel proposed for development. __The__tTaa_b.uid ings_on t h e s l t P we.r-P _hu i 1 t i n 1 9 91 Th P___a dj-a_cen t hi i i] d_ins_ - - ----- ---- ------ were also built in the 1990s._ -- 6. The design of the proposed development minimizes adverse effects, including visual, acoustic and olfactory and hours of operation impacts, on adjacent properties. The_Prroposed adult learninf tenant has two shifts: 8:30 a,»s to 12:30 p m, and 6:00 p.m, to-10:00 P I MTh.e_ h9urs o£--__9perati_on.__impact.s..__on_.-. ad_.anent__t_r_operties C:\Documents and Settings\derek.ferguson\Desktop\planning dept forms 0708\Comprehensive Infill Project (FLD) 2008 07-11.doc Page 2 of 8 WITTEN SUBMITTAL REQUIREMENTS: (Comprehensive Infill Redevelopment Project Criteria) 3 Provide complete responses to the six (6) COMPREHENSIVE INFILL REDEVELOPMENT PROJECT CRITERIA - Explain how each criteria is achieved, in detail: 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 ATTA"HED ----- -------- -------- --- - ----- --------- 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 #s 1, 2 and 3 above. _ 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.; IY Variety in materials, colors and textures; Qf Distinctive fenestration patterns; lir Building stepbacks; and 6d' Distinctive roofs forms. e. The proposed development provides for appropriate buffers, enhanced landscape design and appropriate distances between buildings. Buffers will be added as part of an overall enhanceL_Laa_s, design. _ Current fawned graenG?_ra_.r_e_w1I i bp improared with plants and ornamental along with aesthetic landscape materials C:\Documents and Settings\derek.ferguson\Desktop\planning dept forms 0708\Comprehensive Infill Project (FLD) 2008 07-11.doc Page 3 of 8 E. STORMWATER PLAN SUBMITTAL REQUIREMENTS: (City of Clearwater Storm Drainage Design Criteria Manual and 4-202.A.21) - IDA "WEE- 5Ya'01H • )s P(tXP PUi ? 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. ? If aplan is not required, the narrative shall provide an explanation as to why the site is exempt ? Ala 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. O COPY OF PERMIT INQUIRY LETTER OR SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (SWFWMD) PERMIT SUBMITTAL (SWF WMD approval is required prior to issuance of City Building Permit), if applicable ? ACKNOWLEDGEMENT OF STORMWATER PLAN REQUIREMENTS (Applicant must initial one of the following): - --- -Stormwaler plan as noted above is included - -- - - - YStormwater plan is not required and explanation narrative is attached. At a minimum, a grading plan and finished floor 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) SIGNED AND SEALED SURVEY (including legal description of property) - One original and 14 copies; lY 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; O TREE INVENTORY; prepared by a "certified arborisC, of all trees 4" DBH or greater, reflecting size, canopy (drip lines) and condition of such trees; LOCATION MAP OF THE PROPERTY: O 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; ? GRADING PLAN, as applicable; O PRELIMINARY PLAT, as required (Note: Building permits will not be issued until evidence of recording a final plat is provided); ? COPY OF RECORDED PLAT, as applicable; S:\Planning Depatime nt\Application Forms\Development Review\2QO8 Forms\Ccmprehensive Infill Project (FLD) 2008 07-11.doc Page 4 of 8 G. SITE PLAN SUBMITTAL REQUIREMENTS: (Section 4-202.A) p SITE PLAN with the following information (not to exceed 24" x 36"): Index sheet referencing individual sheets included in package; North arrow; J Engineering bar scale (minimum scale one inch equals 50 feet), and date prepared, -? All dimensions; - Footprint and size of all EXISTING buildings and structures: ,I& Footprint and size of all PROPOSED buildings and structures; All required setbacks; v/ All existing and proposed points of access; All required sight triangles; including Identification of environmentally unique areas, such as watercourses, wetlands, tree masses, and specimen trees. W-1 ?115, 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 offsite storm-water management facilities; Location of all outdoor lighting fixtures; 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 Ilk Level Two approval. r RITF DATA TABLE for existing, required, and proposed development, in written/tabular form: D PROPOSED O O 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 of required spaces; ? Total paved area, including all paved parking spaces & driveways, expressed in square feet 8 percentage of the paved vehicular area; V' Official records book and page numbers of all existing utility _ easement, Building and structure heights; Impermeable surface ratio (I.S.R.); and Floor area ratio(F.A.R.) for all nonresidential uses. REDUCED COLORSITE PLAN to scale (8'h X 11); EXISTING REQUIRE aq,el12 sF _A _o0 eo),°l IZJ _0 0 n' 9 ut S CL' f?l ?viEY S SrJ - ? f q o _ m o -1 - FOR DEVELOPMENTS OVER ONE ACRE, provide the following additional information on site plan: One-foot contours or spot elevations on site; !JC` Oflsite elevations if required to evaluate the proposed stormwater management for the parcel; f All open space areas; Location of all earth or water retaining walls and earth berms; V/ Lot lines and building lines (dimensioned); Streets and drives (dimensioned); ? Building and structural setbacks (dimensioned); .JIA. Structural overhangs; 1 ,J- S:\Planning Department\Application Forms\Development Review\2008 Forms\Comprehensive Infill Project (FLD) 2008 07-11.doc Page 5 of 8 H LANDSCAPING PLAN SUBMITTAL REQUIREMENTS: (Section 4-1102.A) k,L L"Ari D scAP11 N k, t S LANDSCAPE PLAN with the following information (not to exceed 24" x 36"): All existing and proposed structures; Names of abutting streets; J 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 all existing and proposed landscape materials, indicated by a key relating to the plan schedule; Plant schedule with a key (symbol or label) indicating the size, description, specifications, quantities, and spacing requirements of all _ 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 protective measures; ? Interior landscaping areas hatched and/or shaded and labeled and interior landscape coverage, expressing in both square feet an _ percentage-covered-.- __ Conditions of a previous development approval (e.g. conditions imposed by the Community Development Board); O Irrigation notes. ? REDUCED COLOR LANDSCAPE PLAN to scale (8 Y2 X 11); W0101 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. 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 81/2 X 11 J. SIGNAGE: (Division 19. SIGNS 1 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 the street address (numerals) ? Comprehensive Sign Program application, as applicable (separate application and fee required). ? Reduced signage proposal (8 Y2 X 11) (color), if submitting Comprehensive Sign Program application. 08 Forms\Comprehensive Infill Project (FLD) 2008 07-11.doc SAPlanning Dp,?adment\Application Forms\Development Reevie 0 8 Page 6 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 included. The study must include a summary table of pre- and post-development levels of service for all ,Ool _ roadway legs and each turning movement at all intersections identified in the Scoping Meeting. Traffic Impact Study is not required. CA ION - 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 150% 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. ? Acknowledgement of fire flow calculations/water study requirements (Applicant must initial one of the following): ITION ire Flow Calculations/Water Study is included. Fire Flow Calculations/Water Study is not required. - 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: I, the undersigned, acknowledge that all in this application are true and accurat knowledge and aut City repres t photograph th pe described in i Signature of property owner rtions made STATE OF FLORIDA, COUNTY OF PINELLAS of my Sworn to and subscribed before me this 9YO day of sit and Jt7 L`( A.D. 20 to to me and/or by m who is personally known has produeati as ideNo r My commission expires: C:\Documents and Setting s\derek.ferguson\Desktop\planning dept forms 0708\Comprehensiv I II ;t (F??vth?zuUty ?V_Mff4739 Page 7 of 8 ,4 =, My Commission ? or r?° Expires 07120/2011 :SCHEDULE A to ITE11 B. PROPOSED DEVELOPMENT INFORMATION jCode Section 4-202.Al FLEXIBLE DEVELOPMENT' APPLICATION DANIELSON, LTD. A parcel of land lying in the Northeast 1/4 of Section 31 , Township?? 28 Scuth, Range 16 East. Clearwater, Pinellas County, Florida, tieing more Particularly described as follows: Commence at the Northwest corner of the Northeast 1/4 of Segt,i151--',31, ., • *cwrshi p 29 South, Range 16 East, Clearwater, Pinellas' Colegty. Florida; thence S.00.32'36'E., along the West line of said%K6,tNeast './4, for 1329.98 feet: thence S.89.59'50"E., for 1728.T3:sae?,t0 the Point of Beginning; thence N.00.00' 10"E. , for 303.6f fee^tthe Southerly right-of-Nay line of Enterprise Road, sand rigWr0f-way being 60.00 ---feet i-n width; thence Northeattgrly?•, alcnj; said right-of-way line, being_a curve-concave--to--ti?e:l+lor?ttsw?tist-i -Aa•Fing a radius of 740.00 feet; a central angle of ae:a- ar., arc Iangth of 193.62 feet to a Point of Tangency; thence N' 57'4^' l0_E.. , ? - for 52.14 feet to the Point of Curvature of a c!yr"v?--rrghcave the Sou;_west_henca__Scu-theas_erly-along-satd curie. ?hayhq a radius of 25.^4 rest and a..ten:r.al ..angle of 83'09'50' for 36.29 feet Point cf Compound Curvature with a curvy ?cncave to the Scuts"=wes t . said curve being the Waste-ly right-ef-wa;.`1ine.YS U.S.Mi^ahwa, 14, said right-cf-way being 200.00 feet 19-Atidehiv.tlience Southerly alcr.g said t srve, and said right-cf-way lute'; .havirY? a radius cf 2764.91 feet and a central angle of 03.24?fYQ'` `fbr 157.83 feet; ='•:er.ce 0 leaving said right-cf-way. 5.57'h,;10;1q., fcr 245.00 'eat; thence S.27'02'34"E., for 160.57 feet:- thendpp, N.89.59'SO"W., for 220.00 feet tc .the Point of 9eginninj-. (n1Yd. ti?-town as OARP•Y! 'S, according to plat thereof recorded ir. i#P,lat 9$61:'9n. Pages 78 and 79. °t'=tic Record= cf Pinellas Ccun--y,'. `Flor j'd'a; LESS that Portion conveyed tc the State ^... Florida fqr, -i%ght7o#=wby by Deed -recordet'' -!rr'0:4:9cok •6354, Page 1253. Pinellas CtxZtnt;; -FeCOrds, being further described as % follows: " I Commence"-on the Nbt(therjy boundary of Section 31. Township 29 Scuth, the P.ange 16 East"' ,,'et ..'a 'Pyint 1275 .00 feet N . 89 • 35' 37" E .. of Northwest corneil% w;F,'the Northeast 1/4 of said Section 31; run chence feet to the beginning of a curve concave tc the Westerily. '%re nq, a radius of 2864.79 feet: thence rur. Scucherly along said( icurve %TS6:21 feet through a central angle of 03'09' 5 '•" to the end,.of'sa4d Q'V'rve: thence S.50.15' 10"W.. 140.00 feet fcr a Point of Beginrr4,rg-.,t Once S.57.28'42"W., 33.90 feet to the Beginning of a zurve ccr`C)jvQr-moo the Northerly, having a radius of. 740.ee feet; theheg_ T-?sr?'_.?•Westerly along said curve 24 .31 feet through a concral ap'.?1e" 'of-0-1!52'56" to the End of said curve and the Beginning of a cu?w,Q "_:=- ncave to the Southerly, having a -radius of 80.00 fee:; ;her.Ce ?f:bm a tangent bearing of N.59'21'37"E., rur. Easterly along `Said aLsrve 73.06 feet through a central angle of 52.19:24" to the '.rnd b said curve and the Beginning of a curve concave to the Wet.tewrIy, having a radius of 2724.79 feet; thence from a tangent bearing of N.39'13'53"W.. run Northwesterly alcr.S said curve 33.02 fee: through a central angle of 00141'39" to the End of said curve and the ocin; .- 9eginning. :y \ .?? "Ale % 5L?a119Y' • •?. 1 1 EXISTING SITE/LANDSCAPE PLAN A-t aswe i••ao•-a• . SITE OAT.A aura. v.+. ..?.+.. SCHEDULE "B" to FLEXIBLE DEVELOPMENT APPLICATION [Comprehensive Infill Redevelopment Project] FLD2010-05004 - 2414 ENTERPRISE ROAD B. PROPOSED DEVELOPMENT INFORMATION: (Code Section 4-202.A) Description of Request: Flexible Development application to permit an educational facility and retail sales and services in the Commercial (C) District with a lot area of 89,912 square feet, a lot width of-260 feet along Enterprise Road and 190 feet along U.S. Highway 19 North , a front (north) setback of 79.3 feet (to existing building), 4.6 feet (to pavement), a front (east) setback of 89.8 feet (to existing building), 38.17 feet (to pavement), a side (south) setback of 16 feet (to existing building), zero feet (to pavement), a side (east) setback of 24.1 feet (to existing building), 3.1 feet (to pavement), a rear (south) setback of 100 feet (to existing building), 1.67 feet (to pavement), a side (west) setback of 48.9 feet (to existing building), 2.2 feet (to pavement), a building height of 15 feet (to top of flat roof) and 91 parking spaces, as a Comprehensive Infill Redevelopment Project under the provisions of Community Development Code (CDC) Section 2-704.C, with a reduction to the perimeter landscape buffer along Enterprise Road from 15 feet to 4.6 feet (to pavement), a reduction to the west perimeter landscape buffer from five feet to 2.2 feet (to pavement), a reduction to the south (rear) perimeter landscape buffer from five feet to 1.83 feet (to pavement), a reduction to the south (side) perimeter landscape buffer from five feet to zero feet (to pavement), a reduction to the east perimeter landscape buffer from five feet to zero feet (to pavement), a reduction to the interior landscape requirement from 10 percent to 6.8 percent of the vehicular use area, a reduction to the width of the foundation landscape area on the east from five feet to 1.1 feet, a reduction to the size of the interior landscape island from 150 square feet to 50 square feet and a reduction to the width of the interior landscape island from eight feet to five feet, as a Comprehensive Landscape Program under the provisions of CDC Section 3-1202.G. h:\tcn\first group\2414 enterprise road\schedule b.docx SUPPLEMENTAL WRITTEN SUBMITTAL REQUIREMENTS [Comprehensive Infill Redevelopment Project Criteria] FLD2010-05004 -- 2414 ENTERPRISE ROAD 1. The development or redevelopment is otherwise impractical without deviations from the use and/or development standards set forth in this zoning district. The project was originally planned based on then existing code requirements. Due to the location of the building on the site, existing parking configurations and landscaping plans and locations it will be extremely costly to redesign, replace or reconfigure the overall project and building without deviations from the current code requirements. While the applicant can meet certain new code requirements without tremendous expense, all such requirements cannot be met. To do so would be impractical due to many factors, including expense. 2. The development or redevelopment will-be=consistent with-the goats 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 site was previously used as a record store, stock brokerage office, insurance office and general office. Due to the economy the site has been vacant for an extended period of time. The project was originally developed in accordance with the general goals of good and proper planning. The redevelopment will be consistent with the goals and policies of the Comprehensive Plan in that the project is located on a major roadway with excellent access and visibility. The use is consistent with surrounding uses and does not intrude into any residential development. The design of the building is sufficient but will be made more aesthetically pleasing as part of the redevelopment. Also, due to upgraded landscaping and new green areas, the overall project will fulfill the goals of the Code and Comprehensive Plan by providing an updated and more aesthetically pleasing look and feel. ADA requirements will be updated making the project safer for the handicapped and the general public at large. 3. The development or redevelopment will not impede the normal and orderly development and improvement of surrounding properties. The subject property will have an overall positive economic impact on surrounding properties. This project will have no impediment on surrounding development but will instead be a leading project to which other surrounding properties will aspire. Adjoining areas are mostly already developed. This redevelopment will be consistent with other development in the vicinity. 4. Adjoining properties will not suffer substantial detriment as a result of the proposed development. The subject property will have an overall positive economic impact on surrounding properties. This project will have no impediment on surrounding development but will instead be a leading project to which other surrounding properties will aspire. Due to the quality of this redevelopment, surrounding properties will be positively affected from an economic standpoint. S. See #s 1, 2 and 3 above. See application. h:\tcn\first group\2414 enterprise road\supplemental written submittal requirements.docx