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02/15/2011 COMMUNITY DEVELOPMENT BOARD MEETING MINUTES CITY OF CLEARWATER February 15, 2011 Present: Thomas Coates Vice Chair Frank L. Dame Board Member Doreen DiPolito Board Member Richard Adelson Board Member Brian A. Barker Board Member Kurt B. Hinrichs Board Member Norma R. Carlough Acting Board Member Absent: Nicholas C. Fritsch Chair Also Present: Gina Grimes Attorney for the Board Leslie Dougall-Sides Assistant City Attorney Gina Clayton Planning & Development Assistant Director Robert Tefft Development Review Manager Patricia O. Sullivan Board Reporter The Vice Chair called the meeting to order at 1:00 p.m. at City Hall, followed by the Invocation and Pledge of Allegiance. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. C. APPROVAL OF MINUTES OF PREVIOUS MEETING: January 18, 2011 Member Dame moved to approve the minutes of the regular Community Development Board meeting of January 18, 2011, as recorded and submitted in written summation to each board member. The motion was duly seconded and carried unanimously. D - CONTINUED ITEM (Item 1): 1. Case: FLD2010-09027 – 1315 Cleveland Street Level Two Application Owner/Applicant: Nemishawn, Inc. Agent: Kevin Bessolo, Bessolo Design Group, Inc. (556 Central Avenue, St. Petersburg, FL 33701; phone: 727-894-4453; fax: 727-896-8662; email: kbessolo@bessolo.com). Location: 2.09 acres located on the south side of Cleveland Street between Fredrica Drive and Lady Mary Drive. Atlas Page: 287B. Existing Zoning: Commercial (C) District. Request: Flexible Development application to permit a Governmental use (WorkNet Pinellas), in the Commercial (C) District within the East Gateway Character District with a lot area of 91,093 square-feet, a lot width of 250 feet (along Cleveland Street), 364 feet (along Lady Mary Drive), 363 feet (along Fredrica Drive), a front (north) setback of 17.5 feet (to existing building), a front (west) setback of 10 feet (to existing pavement) and 83.5 feet (to existing building), a front (east) setback of 10 feet (to existing pavement) and 85.2 feet (to existing building), a side (south) setback of 15 feet (to existing pavement) and 155.4 feet (to existing building), a building height of Community Development 2011-02-15 1 23 feet (to midpoint of roof) and 111 parking spaces as Comprehensive Infill Redevelopment Project under the provisions of Community Development Code Section 2-704.C. Proposed Use: Governmental Use. Neighborhood Associations: East Gateway Business and Neighbors Association and Clearwater Neighborhood Coalition. Presenter: A. Scott Kurleman, Planner III. See Exhibit: Staff Report: FLD2010-09027 2011-02-21 Attorney for the Board Gina Grimes said after the November 16, 2010 meeting, Acting Member Carlough spoke with members of the public regarding questions she had posed. The conversation then diverged into substantive issues and was considered ex parte. In the interest of the parties and due process, Acting Member Carlough will recuse herself from voting on this item and participating in discussion. Ms. Grimes said the November 16, 2010 hearing for Case: FLD2010-09027 never was formally closed before it was continued. Staff has amended the application substantially. The applicant has the opportunity to make a presentation anew. Donna Maxa requested Party Status. Member Dame moved to grant Donna Maxa Party Status. The motion was duly seconded. Members Dame, DiPolito, Adelson, Barker, and Hinrichs, and Vice Chair Coates voted “Aye.” Acting Member Carlough abstained. Motion carried. Gilbert Jannelli requested Party Status. Member Hinrichs moved to grant Gilbert Jannelli Party Status. The motion was duly seconded. Members Dame, DiPolito, Adelson, Barker, and Hinrichs, and Vice Chair Coates voted “Aye.” Acting Member Carlough abstained. Motion carried. Member Barker moved to accept Scott Kurleman as an expert witness in the fields of zoning, site plan analysis, planning in general, landscape ordinance, tree ordinance, and code enforcement. The motion was duly seconded. Members Dame, DiPolito, Adelson, Barker, and Hinrichs, and Vice Chair Coates voted “Aye.” Acting Member Carlough abstained. Motion carried. Planner III Scott Kurleman reviewed the staff report. Property owner representative Craig Little said approval would benefit the area with onsite employees and by eliminating an empty building that attracts the homeless. WorkNet representative John Hixenbaugh said the proposal is consistent with the downtown development plan. He said setback issues are minor. He said WorkNet wanted to address neighborhood concerns; only two people attended the two open houses on January 21, 2011. He said WorkNet is a governmental use as the organization is funded by the Department of Labor and exists to maintain federal acts via interlocal agreement with Pinellas County. He said the facility will not provide a resource room and all clients will have appointments. He said Community Development 2011-02-15 2 the City’s Community Development Coordinator interpretation of Code found this to be a government use. He said WorkNet wants to partner with the community. In response to questions, Mr. Hixenbaugh said clients will be job seekers who qualify for the WorkNet program. He said staff will counsel them regarding job and training opportunities and provide some training, such as resume writing. He said WorkNet is not a public social services agency. Party Status Holder Donna Maxa opposed the request. She expressed concern that 200 unemployed people would be invited to the site daily. She said WorkNet is not a government agency and its presence will not improve the area. Party Status Holder Gilbert Jannelli said a WorkNet IRS submission indicates it is a social services agency. He said attracting the unemployed/underemployed who lack money will not improve this undeveloped section of town. Six people spoke in opposition to the application. Party Status Holder Maxa said WorkNet provides social services. Party Status Holder Jannelli said WorkNet is not a government use, even though it is funded by the government. Mr. Hixenbaugh said WorkNet exists due to its interlocal agreement with Pinellas County and is an extension of Pinellas County to accomplish federal legislation. He said while a few clients may be homeless, that is not a crime. The landlord will determine use for the building’s remaining space. He said the IRS definition is irrelevant. He said WorkNet is a government use in the business to help find jobs. Discussion ensued with comments that WorkNet is a fantastic organization and support expressed for WorkNet efforts. Concern was expressed that the Findings of Fact indicate that WorkNet provides social services, including counseling. It was felt that WorkNet is not similar to a Post Office and does not meet the definition of a government use. Planning and Development Assistant Director Gina Clayton said the WorkNet Office carries out a government function. Staff’s expert testimony confirmed that it is a government use. It was agreed that WorkNet operates on behalf of the federal government and enhances the welfare of the community. Member Barker moved to deny Case FLD2010-09027 based on the evidence and testimony presented in the application, the Staff Report and at today’s hearing, and hereby make the following Findings of Fact based on said evidence including testimony and hereby issue the Conclusions of Law that the application does not comply with City Code Section 2- 704.C as WorkNet is not a government use. The motion was duly seconded. Members Dame, DiPolito, Adelson, Barker, and Hinrichs voted “Aye”; Vice Chair Coates voted “Nay.” Acting Member Carlough abstained. Motion carried. Community Development 2011-02-15 3 E – CONSENT AGENDA: The following cases are not contested by the applicant, staff, neighboring property owners, etc. and will be approved by a single vote at the beginning of the meeting: (Items 1 – 3): 1. Case: FLD2010-12032 – 24244 U.S. Highway 19 North Level Two Application Owner/Applicant: Ashley Furniture Industries, Inc. Agent: Deighton Babis, Lyman Davidson Dooley, Inc. (5201 W. Kennedy Blvd., Suite 501, Tampa, FL 33609; phone: 813-288-9299; email: dbabis@lddi-tampa.com). Location: 4.08 acres located on the west side of U.S. Highway 19 N between Haas Avenue and Lawson Road. Atlas Page: 254B. Existing Zoning: Commercial (C) District. Request: Flexible Development application to permit retail sales and service in the Commercial (C) District with a lot area of 177,829 square-feet, a lot width of 244 feet (along U.S. Hwy 19 N), 560 feet (along Haas Avenue), 355 feet (along Lawson Road), a front (east) setback of 42.9 feet (to existing pavement) and 292 feet (to existing building), a front (north) setback of 10 feet (to existing pavement) and 20 feet (to existing building), a front (west) setback of 6.9 feet (to existing pavement) and 51.3 feet (to existing building), a side (south) setback of 4.3 feet (to existing pavement) and 102 feet (to existing building), a side (east) setback of zero feet (to existing pavement) and 76 feet (to existing building), a side (south) setback of zero feet (to existing pavement), a building height of 45 feet (to peak of roof), and 218 parking spaces as a Comprehensive Infill Redevelopment Project under the provisions of Community Development Code Section 2-704.C. and a reduction to the required west perimeter landscape buffer from 10 feet to seven feet, a reduction to the required south perimeter landscape buffer from five feet to zero feet, a reduction to the required foundation plantings from five feet to zero feet on the west and east facades and to allow interior landscape islands of less than 150 square-feet and less than eight feet in width from back of curb to back of curb as a Comprehensive Landscape Program under the provisions of Community Development Code Section 3-1202.G. Proposed Use: Retail Sales and Service. Neighborhood Association: Clearwater Neighborhood Coalition. Presenter: A. Scott Kurleman, Planner III. See Exhibit: Staff Report FLD2010-12032 2011-02-21 See page 5 for motion of approval. 2. Level Two Application Case: FLD2010-12033 – 311 S. Gulfview Boulevard (Related to DVA2010-12001) Owner/Applicant: L.O.M., Inc. Agent: Andy Goulish, PE, Finfrock Construction, Inc. (2400 Apopka Blvd., Apopka, FL 32703; phone: 407-293-4000; fax: 407-367-2468; email: agoulish@finfrockdmc.com). Location: 0.99 acre located between S. Gulfview Boulevard and Coronado Drive approximately 200 feet south of Third Street. Atlas Page: 276A. Existing Zoning: Tourist (T) District. Request: Flexible Development approval to permit Retail Sales and Services of 34,007 square- feet of floor area, a Restaurant of 9,018 square-feet of floor area and a Parking Garage of 344 parking spaces (including 44 accessory parking spaces for the Retail Sales and Services and Restaurant uses and 300 public parking spaces) with a lot area of 43,543 square-feet, a lot Community Development 2011-02-15 4 width of 180 feet on S. Gulfview Blvd (west) and 174 feet on Coronado Drive (east), a front (west) setback of zero feet (to building), a front (east) setback of 1.4 feet (to building), a side (north) setback of 0.2 feet (to building) and 0.9 feet (to sidewalk), a side (south) setback of zero feet (to building), a building height of 59.5 feet (to highest parking deck) and 344 parking spaces, as a Comprehensive Infill Redevelopment Project, under the provisions of the Community Development Code Section 2-803.C. Proposed Use: Retail Sales and Services of 34,007 square-feet of floor area, a Restaurant of 9,018 square-feet of floor area and a Parking Garage of 344 parking spaces (including 44 accessory parking spaces for the Retail Sales and Services and Restaurant uses and 300 public parking spaces) (0.99 Floor Area Ratio) at a height of 59.5 feet (to highest parking deck). Neighborhood Associations: Clearwater Beach Association and Clearwater Neighborhoods Coalition. Presenter: Robert G. Tefft, Development Review Manager. See Exhibit: Staff Report: FLD2010-12033 2011-02-21 Development Review Manager Robert Tefft said the applicant had agreed to an amendment to condition 5, “That, prior to the issuance of any building permits, the plans are revised so that the graphic banner is set back two feet (2’) from both sides of the recess along the west elevation.” Member Dame moved to approve Cases FLD2010-12032 and FLD2010-12033 on today’s Consent Agenda based on evidence in the record, including the applications and the Staff Reports, and hereby adopt the Findings of Fact and Conclusions of Law stated in the Staff Reports, with conditions of approval as listed except for Condition of Approval 5 for Case FLD2010-12033, which was amended as stated above. The motion was duly seconded and carried unanimously. 3. Level Three Application Case: DVA2010-12001 – 311 S. Gulfview Boulevard (Related to FLD2010-12033) Owner/Applicant: L.O.M., Inc. Agent: Andy Goulish, PE, Finfrock Construction, Inc. (2400 Apopka Blvd., Apopka, FL 32703; phone: 407-293-4000; fax: 407-367-2468; email: agoulish@finfrockdmc.com). Location: 0.99 acre located between S. Gulfview Boulevard and Coronado Drive approximately 200 feet south of Third Street. Atlas Page: 276A. Existing Zoning: Tourist (T) District. Request: Review of, and recommendation to the City Council, of a Second Amendment to a Development Agreement between L.O.M. Inc. (the property owner) and the City of Clearwater. Proposed Use: Retail Sales and Services of 34,007 square-feet of floor area, a Restaurant of 9,018 square-feet of floor area and a Parking Garage of 344 parking spaces (including 44 accessory parking spaces for the Retail Sales and Services and Restaurant uses and 300 public parking spaces) (0.99 Floor Area Ratio) at a height of 59.5 feet (to highest parking deck). Neighborhood Associations: Clearwater Beach Association and Clearwater Neighborhoods Coalition. Presenter: Robert G. Tefft, Development Review Manager. See Exhibit: Staff Report: DVA2010-12001 2011-02-21 Community Development 2011-02-15 5 Member Dame moved to recommend approval of Case DVA2010-12001 on today's Consent Agenda based on evidence in the record, including the application and the Staff Report, and hereby adopt the Findings of Fact and Conclusions of Law stated in the Staff Report. The motion was duly seconded and carried unanimously. F. ADJOURN Community Development 2011-02-15 6 The meeting adjourned at 2:21 p.m. EXHIBIT: STAFF REPORT FLD2010-09027 2011-02-15 CDB Meeting Date: February 15, 2011 Case Numbers: FLD2010-09027 Agenda Item: D. 1. Owner/Applicant: Nemishawn, Inc Representative: Kevin Bessolo, Bessolo Design Group, Inc. Addresses: 1315 Cleveland Street CITY OF CLEARWATER PLANNING AND DEVELOPMENT DEPARTMENT STAFF REPORT GENERAL INFORMATION: REQUEST: Flexible Development application to permit a Governmental use (WorkNet Pinellas) and Social/Public Service Agency use (Coordinated Child Care), in the Commercial (C) District within the East Gateway Character District with a lot area of 91,093 square feet, a lot width of 250 feet (along Cleveland Street), 364 feet (along Lady Mary Drive), 363 feet (along Fredrica Drive), a front (north) setback of 17.5 feet (to existing building), a front (west) setback of 10 feet (to existing pavement) and 83.5 feet (to existing building), a front (east) setback of 10 feet (to existing pavement) and 85.2 feet (to existing building), a side (south) setback of 15 feet (to existing pavement) and 155.4 feet (to existing building), a building height of 23 feet (to midpoint of roof) and 111 parking spaces as Comprehensive Infill Redevelopment Project under the provisions of Community Development Code Section 2-704.C. CURRENT ZONING: Commercial (C) District CURRENT LAND USE PLAN CATEGORY: Commercial General (CG) DOWNTOWN REDEVELOPMENT PLAN CHARACTER DISTRICT: East Gateway PROPERTY USE: Current Use: Vacant Proposed Use: Governmental Use EXISTING North: Commercial (C) District Overnight Accommodations SURROUNDING South: Commercial (C) District Attached Dwellings ZONING AND USES: East: Commercial (C) District Vehicle Service West: Downtown (D) District Attached Dwellings Community Development Board – February 15, 2011 FLD2010-09027 – Page 1 of 9 EXHIBIT: STAFF REPORT FLD2010-09027 2011-02-15 ANALYSIS: Site Location and Existing Conditions: The 2.09 acre site is located on the south side of Cleveland Street between Fredrica Drive and Lady Mary Drive, which is located in the East Gateway Character District of Downtown. The East Gateway is characterized by a mixed land use pattern of residential housing interspersed with pockets of poorly maintained rental properties and outdated strip commercial. The East Gateway struggles with a negative image of crime due to the location of problematic uses such as day labor facilities, old motels and social service agencies that provide services to the homeless population. This parcel was previously occupied by Aqua Clara Water Bottling and most recently as an office use for Energy Utility Consultant’s which closed in 2009 after a fire gutted the interior of the building. The building has since been made safe with the necessary interior renovations. The site contains an existing 12,265 square foot building and 111 parking spaces. To the north of the subject property, across Cleveland Street, is overnight accommodations (Regal Motel). To both the south and west are attached dwellings and to the east is vehicle service. Development Proposal: On September 1, 2010, a Comprehensive Infill Redevelopment application was submitted for the subject property. The impetus for the Comprehensive Infill Redevelopment application is the fact that the existing pavement at both the front (west) and front (east) is setback only 10 feet instead of 15 feet. Additionally the covered entry at the front (north) is setback only 17.5 feet instead of 25 feet. The application proposes to establish a governmental use within the existing 12,265 square foot building. WorkNet Pinellas will occupy approximately two thirds of the western portion of the building and Coordinated Child Care will occupy the remaining eastern third of the building. WorkNet Pinellas develops strategies to target the needs of employers then matches them to job seekers across the employment spectrum – from assisting those seeking entry level positions into the workforce to cultivating workers to fill coveted high skill/high demand positions. Coordinated Child Care provides resource and referral information for families seeking subsidized childcare and offers services for preschoolers in child care who have special needs. The existing building and associated off-street parking area will remain unchanged with the exception of the restriping of some parking spaces and a handicap walkway, ADA ramp modifications and the addition of three doors and two windows. As there will be no building additions or modifications to the existing site improvements, there will be no impact upon the F.A.R., I.S.R., minimum lot area/size, maximum building height and/or minimum setback development standards with this proposal. UPDATE: At its meeting of November 16, 2010, the Community Development Board (CDB) approved the request for a continuance for this case to January 18, 2011. At the January CDB meeting the applicant requested a continuance to the February 15, 2011 meeting to allow WorkNet Pinellas the opportunity to host an open house. The CDB approved the request for a continuance. An open house was held on January 21, 2011 at the WorkNet location on Barry Street. Community Development Board – February 15, 2011 FLD2010-09027 – Page 2 of 9 EXHIBIT: STAFF REPORT FLD2010-09027 2011-02-15 On February 2, 2011, the applicant made a written request to delete Coordinated Child Care from this application. Previously, WorkNet Pinellas was to occupy approximately two thirds of the western portion of the building and Coordinated Child Care was to occupy the remaining eastern third of the building. The current proposal will only include WorkNet Pinellas as a tenant who will be occupying 8,000 square feet on the western side of the building. The appropriate reviews and process will be followed upon securing a tenant for the remaining 4,265 square feet. WorkNet is federally funded for the purpose of carrying out the federal Workforce Investment Act of 1998 and the Florida Workforce Innovation Act. WorkNet Pinellas is funded by annual appropriation through the U.S. Department of Labor and other federal agencies. In the majority of the cases, federal monies that fund operations for WorkNet Pinellas are distributed by the federal government to the state and then ultimately forwarded to WorkNet Pinellas, who is defined as one of the 24 regional workforce boards located in Florida. WorkNet Pinellas does not provide any form of mental or physical rehabilitation; counseling or rehabilitation associated with recovery from addiction, dependency, or substance abuse; health care service; day labor services, or disbursement of public aid. WorkNet Pinellas does not operate a food pantry or any service intended to improve the living conditions of society. WorkNet Pinellas will only provide services to qualified jobseekers on an appointment only basis and there are no services or facilities available to walk-ins. WorkNet Pinellas provides two services. One of which is to assist jobseekers with their job search through employability skills training and job search assistance to make them more marketable in the workforce. The second is to assist local companies and industries seeking to hire new employees with the selection and training of a qualified workforce. The staff meets with individuals on an appointment only basis to train people in resume writing, interviewing techniques, job search and matching assistance and labor market information for occupations in demand. WorkNet Pinellas will serve jobseekers that have been identified and/or assisted by other agencies or programs. Jobseekers will be referred by one of the following agencies or programs to WorkNet Pinellas: ?Trade Adjustment Assistance (TAA); ?Veterans; ?Reemployment and Emergency Assistance Coordination (REACT) Team; ?Persons with Disabilities; ?Welfare Transition Program; ?Non-Custodial Parent Employment Program (NCEP); and ?Food Stamp Employment and Training (FSET). Clearwater Downtown Redevelopment Plan: In addition to the Clearwater Comprehensive Plan, the Downtown Plan is the official statement of policy regarding the Downtown and in particular with regard to the use of land and public policies. All development of land, both public and private, undertaken within the Downtown shall be consistent with and further the goals of the Plan. The site is located within the East Gateway character district of the Clearwater Downtown Redevelopment Plan. This being the case the proposal is governed by the Commercial (C) District zoning with regard to intensity, density and setbacks while also having to be consistent with the East Gateway Character District policies. This area is envisioned to be a vibrant, stable, Community Development Board – February 15, 2011 FLD2010-09027 – Page 3 of 9 EXHIBIT: STAFF REPORT FLD2010-09027 2011-02-15 diverse neighborhood defined by its unique cultural base and mixed land uses. It will continue to be developed as a low and medium density residential neighborhood supported with neighborhood commercial and professional offices concentrated along the major corridors of Cleveland Street, Gulf-to-Bay Boulevard, Court Street and Missouri Avenue. Visions, Goals, Objectives and Policies: A review of the Clearwater Downtown Redevelopment Plan was conducted and the development proposal has been determined to be consistent with the following Visions, Goals, Objectives and Policies: Vision: Downtown will be an integrated community with a mix of retail, residential, office and recreational opportunities. The development of a variety of residential projects to attract new residents to Downtown is critical to the success of a revitalized Downtown. Vision: The elimination of blighting conditions and the revitalization of the existing and expanded CRA are critical to the future health of Downtown. Goal 1: Downtown shall be a place that attracts people for living, employment and recreation. The City shall encourage redevelopment that will attract residents and visitors to Downtown as a recreation, entertainment and shopping destination. Objective 1E: A variety of businesses are encouraged to relocate and expand in Downtown to provide a stable employment center, as well as employment opportunities for Downtown residents. Policy 1: The design guidelines establish the quality and design features expected for renovation, redevelopment and new construction in Downtown with which all projects must be consistent. East Gateway Character District Policies: The following policies governing development within the East Gateway character district have been reviewed and have been determined to be applicable to the development proposal: Policy 12: Encourage the adaptive re-use of underutilized buildings in the event redevelopment is not feasible. Downtown Design Guidelines: The Downtown Design Guidelines identify both appropriate and inappropriate direction with regard to various elements associated with new construction and renovations in the Downtown. A review of these Guidelines within the Plan was conducted and the following applicable items were identified: Block and Lot Characteristics: The Downtown Design Guidelines require the retention of the existing street grid pattern where it contributes to an active pedestrian environment. All three street frontages are being maintained with sidewalks to contribute to the pedestrian environment. Vehicular Circulation/Access and Parking: The Downtown Design Guidelines require parking lots to be as unobtrusive as possible and screened from view from rights-of-ways. The proposal provides for a landscape screening on all three rights-of-way. Community Development Board – February 15, 2011 FLD2010-09027 – Page 4 of 9 EXHIBIT: STAFF REPORT FLD2010-09027 2011-02-15 Landscaping: The Downtown Design Guidelines require plant species that are appropriate to the space in which they will occupy with regard to water needs, growth rates, size, etc. in order to conserve water, reduce maintenance and promote plant health. The proposal includes some native species with appropriate maturity size to limit maintenance and conserve water. Windows and Doors: The Downtown Design Guidelines require windows and doors that are appropriately sized for the scale and style of the building on which they are located. As discussed previously the only building modifications are the addition of windows and doors which have been found to be sized for the scale and style of the existing building. Community Development Code: A governmental use project is subject to the relevant review criteria of (CDC) Sections 2-701.1 and 2-704.C. Floor Area Ratio (FAR): Pursuant to the Countywide Plan Rules for the Commercial General (CG) land use category and (CDC) Section 2-701.1, the maximum allowable FAR is 0.55. The proposed governmental use will have a FAR of 0.13. Impervious Surface Ratio (ISR): Pursuant to the Countywide Plan Rules for the Commercial General (CG) land use category and CDC Section 2-701.1, the maximum allowable ISR is 0.90. The proposed ISR is 0.74, which is consistent with the 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 comparison, the minimum lot area for a governmental use is 10,000 square feet. Pursuant to the same Table, the minimum lot width is 100 feet. The lot width along Cleveland Street is 250 feet, the lot width along Lady Mary Drive is 364 feet and the lot width along Fredrica Drive is 363 feet all of which are consistent with the Code provisions for governmental uses. Minimum Setbacks: Pursuant to CDC Table 2-704, there are no minimum setbacks required for a Comprehensive Infill Redevelopment Project. However, for a point of comparison, the front setback for governmental uses is 25 feet, the side setback is 10 feet and the rear setback is 20 feet. There is no rear setback as this parcel has three fronts. The existing building has setbacks of a front (north) setback of 17.5 feet (to existing building), a front (west) setback of 10 feet (to existing pavement) and 83.5 feet (to existing building), a front (east) setback of 10 feet (to existing pavement) and 85.2 feet (to existing building), and a side (south) setback of 15 feet (to existing pavement) and 155.4 feet (to existing building). While all the existing setbacks do not meet the criteria of CDC Section 2-704; they are consistent with the Comprehensive Infill Redevelopment provisions. As mentioned previously there will be no building additions or modifications to the existing site improvements. Maximum Building Height: Pursuant to CDC Table 2-704, there is no maximum height for a Comprehensive Infill Redevelopment Project. However, for a point of comparison, the maximum height for a governmental use can range from 25 – 50 feet. The height of the existing building is 23 feet (to midpoint of roof). The proposal is consistent with this Code provision. Minimum Off-Street Parking: Pursuant to CDC Table 2-704, the minimum required parking for governmental uses is 4 parking spaces per 1,000 square feet of gross floor area. As such, 32 parking spaces are required for the 8,000 square feet tenant space. The site currently has 111 parking spaces. The proposal is consistent with this Code provision. Community Development Board – February 15, 2011 FLD2010-09027 – Page 5 of 9 EXHIBIT: STAFF REPORT FLD2010-09027 2011-02-15 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 triangles. No structures or landscaping is proposed within the site triangles. Solid Waste: The proposal will utilize a refuse dumpster located in the rear western area of the parking lot. The dumpster will be screened from the right-of-way with a stucco enclosure. The proposal has been found to be acceptable by the City’s Solid Waste Department. Landscaping: Pursuant to CDC Section 3-1202.D.1, this site is required a 15-foot wide landscape buffer along Cleveland Street, a 10-foot wide landscape buffer along both Lady Mary Drive and Fredrica Avenue and a south landscape buffer width of 10 feet. The existing landscaped buffer along Cleveland Street is 17.5 wide, the buffers along both Lady Mary Drive and Fredrica Avenue are 10 feet wide and the south landscape buffer is 15 feet wide. The proposal provides for replacement of any declining or missing shrubs. Pursuant to CDC Section 3-1202.E.2, foundation planting shall be provided for 100 percent of the building façade along a street right-of-way. A minimum five foot wide landscaped area shall be installed along the facades and landscaped with the required trees and shrubs. The proposal includes foundation landscaping of crape myrtles, viburnum and ground cover. Pursuant to CDC Section 3-1202.E.1, ten percent of the vehicular use area must contain landscape islands a minimum of 150 square feet in size. However, if the proposal includes 110 percent or more of the required parking, 12 percent of the vehicular use area must contain landscape islands. As the applicant has provided more than 110 percent of the required parking, 14.8 percent of the vehicular use area has been proposed to be interior landscape plantings. Code Enforcement Analysis: There are no outstanding Code Enforcement issues. 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 0.13 X I.S.R. 0.90 0.74 X Minimum Lot Area 10,000 square feet 91,093 square feet X Minimum Lot Width 100 feet 250, 363 and 364 feet X Maximum Building Height 25 - 50 feet 23 feet (to midpoint of roof) X Minimum Setbacks Front: 25 feet North: 17.5 feet (to building) X 17.5 feet (to pavement) West: 83.5 feet (to building) X 10 feet (to pavement) East: 85.2 feet (to building) X 10 feet (to pavement) Side: 10 feet South: 155.4 feet (to building) X 15 feet (to pavement) Minimum Off-Street Parking 4 spaces/1,000 sf GFA 111 parking spaces X (32 parking spaces) Community Development Board – February 15, 2011 FLD2010-09027 – Page 6 of 9 EXHIBIT: STAFF REPORT FLD2010-09027 2011-02-15 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 – February 15, 2011 FLD2010-09027 – Page 7 of 9 EXHIBIT: STAFF REPORT FLD2010-09027 2011-02-15 COMPLIANCE WITH GENERAL STANDARDS FOR LEVEL TWO APPROVALS: The following table depicts the consistency of the overnight accommodation use 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 October 7, 2010, and deemed the development proposal to be legally sufficient to move forward to the Community Development Board (CDB). Based upon the information/justification provided by the applicant, this request, which has deleted Coordinated Child Care from the application, has been found to be consistent with the definition of a Governmental use. The below original findings of fact, conclusions of law and conditions of approval remain unchanged other than three additional conditions of approval. 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 2.09 acre site is located on the south side of Cleveland Street between Fredrica Drive and Lady Mary Drive; 2.That the subject property is located within the Commercial (C) District and the Commercial General (CG) Land Use Plan category; 3.That the development proposal is subject to the requirements of the Clearwater Downtown Redevelopment Plan as the property is located within the East Gateway Character District; 4.That, the property is presently vacant; 5.The applicant, Nemishawn, Inc., proposes to establish a governmental use on the subject property; 6.That the proposal has no impact upon the following development standards: F.A.R., I.S.R., minimum lot area/size, setbacks and maximum building height, as they presently exist; 7.The proposal includes 111 parking spaces; and 8.There are no outstanding Code Enforcement issues associated with 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 – February 15, 2011 FLD2010-09027 – Page 8 of 9 EXHIBIT: STAFF REPORT FLD2010-09027 2011-02-15 1.That the development proposal is consistent with the district vision of the East Gateway Character District of the Clearwater Downtown Redevelopment Plan; 2.That the development proposal is consistent with the Standards as per Table 2-701.1 of the Community Development Code; 3.That the development proposal is consistent with the Flexibility criteria as per Section 2- 704.C of the Community Development Code; and 4.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. APPROVAL Based upon the above, the Planning and Development Department recommends of the Flexible Development application to permit a Governmental use (WorkNet Pinellas) and Social/Public Service Agency use (Coordinated Child Care), in the Commercial (C) District within the East Gateway Character District with a lot area of 91,093 square feet, a lot width of 250 feet (along Cleveland Street), 364 feet (along Lady Mary Drive), 363 feet (along Fredrica Drive), a front (north) setback of 17.5 feet (to existing building), a front (west) setback of 10 feet (to existing pavement) and 83.5 feet (to existing building), a front (east) setback of 10 feet (to existing pavement) and 85.2 feet (to existing building), a side (south) setback of 15 feet (to existing pavement) and 155.4 feet (to existing building), a building height of 23 feet (to midpoint of roof) and 111 parking spaces as Comprehensive Infill Redevelopment Project under the provisions of Community Development Code Section 2-704.C. with the following conditions: Conditions of Approval: 1.That, all landscaping be installed prior to the issuance of a business tax receipt; 2.That any electric and communication panels, boxes, and meters located on the exterior of the buildings be painted the same color as the building; 3.That a building permit be obtained for the proposed windows and doors; 4.That all signage be permitted separately; 5.That all handicapped parking spaces, aisles and accessible paths be designed in accordance with the applicable provisions of Chapter 11 of the Florida Building Code, prior to the issuance of a building permit; 6.That no facilities or services are provided for walk-in jobseekers; 7.That no resource room is open to the public; and 8.That no services that are provided by the agencies and/or programs that refer jobseekers to WorkNet Pinellas are performed on site. Prepared by Planning and Development Department Staff: ______________________________ A. Scott Kurleman, Planner III Community Development Board – February 15, 2011 FLD2010-09027 – Page 9 of 9 EXHIBIT: STAFF REPORT FLD2010-12032 2011-02-15 CDB Meeting Date: February 15, 2011 Case Number: FLD2010-12032 Agenda Item: D. 2. Owner/Applicant: Ashley Furniture Industries, Inc. Address: 24244 U.S. Hwy 19 North CITY OF CLEARWATER PLANNING AND DEVELOPMENT DEPARTMENT STAFF REPORT GENERAL INFORMATION: REQUEST: Flexible Development application to permit retail sales and service in the Commercial (C) District with a lot area of 177,829 square feet, a lot width of 244 feet (along U.S. Hwy 19 N), 560 feet (along Haas Avenue), 355 feet (along Lawson Road), a front (east) setback of 42.9 feet (to existing pavement) and 292 feet (to existing building), a front (north) setback of 10 feet (to existing pavement) and 20 feet (to existing building), a front (west) setback of 6.9 feet (to existing pavement) and 51.3 feet (to existing building), a side (south) setback of 4.3 feet (to existing pavement) and 102 feet (to existing building), a side (east) setback of zero feet (to existing pavement) and 76 feet (to existing building), a side (south) setback of zero feet (to existing pavement), a building height of 45 feet (to peak of roof), and 218 parking spaces as a Comprehensive Infill Redevelopment Project under the provisions of Community Development Code Section 2-704.C. and a reduction to the required west perimeter landscape buffer from 10 feet to seven feet, a reduction to the required south landscape buffer from five feet to zero feet, a reduction to the required foundation plantings from five feet to zero feet on the west and east facades and to allow interior landscape islands of less than 150 square feet and less than eight feet in width from back of curb to back of curb 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 Low (CL) and Residential/Office/Retail (R/O/R) PROPERTY USE: Current Use: Vacant Proposed Use: Retail Sales/Services Community Development Board – February 15, 2011 FLD2010-12032 – Page 1 EXHIBIT: STAFF REPORT FLD2010-12032 2011-02-15 EXISTING North: Unincorporated, Commercial SURROUNDING Vacant ZONING AND USES: South: Commercial (C) District Retail Sales and Service East: Mobile Home Park (MHP) District Mobile Homes West: Medium Density Residential (MDR) District Attached Dwellings ANALYSIS: Site Location and Existing Conditions: The 4.08 acre subject property is located on the west side of U.S. Highway 19 N. between Haas Avenue and Lawson Road. The property has three front property lines and three side property lines. A 43,683 square foot building (formerly Circuit City) presently exists on the site, as well as its associated off-street parking. There is a right-of-way access easement to the east of the site along U.S. Highway 19 N. The site shares an ingress/egress area to U.S. Highway 19 N. with the outparcel (FedEx Office) located at the southeast corner of the property. The site also has ingress/egress areas along Haas Avenue and Lawson Road. East of the site is an elevated area of U.S. Highway 19 N. and directly across U.S Highway 19 N. is a mobile home park which is not visible from the site. South of the site is shopping center with restaurants and retail establishments and north of the site are vacant buildings which once contained automobile service uses. Directly west of the site are attached dwellings (Sunset Point Townhomes). Development Proposal: The proposal is to re-establish a retail sales/service use in the existing 43,683 square foot 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. Ashley Furniture will occupy the existing building and proposes to install new storefront windows, awnings and a new raised entry with a standing seam metal roof. The existing building is finished with a stucco exterior with cornices, EFIS banding and faux columns. The building will be painted with four different colors including light beige, dark beige, tan and white. Regarding the site, the parking will be resealed and restriped and handicap access routes are proposed to comply with ADA requirements. Additional interior landscape islands are proposed along with enhanced buffers. The existing parking lot will remain with setbacks to pavement as follows: a front (east) setback of 42.9 feet, a front (north) setback of 10 feet, a front (west) setback of 6.9 feet, a side (south) setback of 4.3 feet, a side (east) setback of zero feet, a side (south) setback of zero feet. The development proposal’s compliance with the applicable development standards of the Community Development Code (CDC) is discussed below. Community Development Board – February 15, 2011 FLD2010-12032 – Page 2 EXHIBIT: STAFF REPORT FLD2010-12032 2011-02-15 Intensity: Pursuant to the Countywide Plan Rules and CDC Section 2-701.1, the maximum allowable intensity is a floor area ratio (FAR) of 0.45 for Commercial Low (CL) and 0.40 for Residential/Office/Retail (R/O/R). The proposal is in compliance with the above as it has a FAR of 0.25. Impervious Surface Ratio (ISR): Pursuant to CDC Section 2-701.1, the maximum allowable ISR is 0.85 for both CL and R/O/R. The overall proposed ISR is 0.81, 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. The subject property is 143,952 square feet (4.08 acres). Also for comparative purposes, the minimum lot width requirement for retail sales and services is 100 feet. The lot width along U.S. Highway 19 N. is 244 feet, along Haas Avenue it is 560 feet and along Lawson Avenue it is 355 feet. 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 the side setback for retail sales and services can range between zero and 10 feet. With regard to the existing building, the minimum required setbacks are all being greatly exceeded except for the front (north) setback of 20 feet (to existing building). This setback is to the existing building which cannot be moved and the entire setback area is greenspace. In addition, 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 10 feet (to existing pavement), a front (west) setback of 6.9 feet (to existing pavement), a side (south) setback of 4.3 feet (to existing pavement), a side (east) setback of zero feet (to existing pavement) and a side (south) setback of zero feet (to existing pavement). Both the side (south) and side (east) setbacks to zero feet are to a common shared drive and parking with the outparcel to the south; therefore the request has support from Staff as these reduced setbacks are not visible. The front (north) setback of 10 feet, the front (west) setback of 6.9 feet and the side (south) setback of 4.3 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. The proposed building height is 45 feet (to peak of roof). The proposed building height of 45 feet is within 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 retail sales and services is 5 spaces per 1,000 square feet of gross floor area, which for 43,683 square feet of retail floor area results in a requirement of 218 spaces. The site Community Development Board – February 15, 2011 FLD2010-12032 – Page 3 EXHIBIT: STAFF REPORT FLD2010-12032 2011-02-15 currently has 223 spaces; however after placement of new interior landscape islands the site proposes 218 parking spaces, which is meets the above Code requirements. 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 triangles. No structures or landscaping is proposed within the site triangles. Solid Waste: The proposal includes the provision of a trash compactor at the rear of the building. It will be screened with a six foot high masonry wall painted to match the building. The proposal has been found to be acceptable by the City’s Solid Waste Department. Utilities: Pursuant to CDC Section 3-912, all utilities including individual distribution lines must be installed underground unless such undergrounding is not practicable. Electric and communication lines for this development will be installed underground on site in compliance with this requirement. All electric panels, boxes and meters will be painted the same color as the building. Signs: 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. Three existing freestanding signs exceed the allowable height of 14 feet. It is therefore attached as a condition of approval that the freestanding signs be brought into compliance with CDC Section 3-1806 prior to issuance of a Certificate of Occupancy. Landscaping: Pursuant to CDC Section 3-1202.D.1, this site is required a 15-foot wide landscape buffer along U.S. Highway 19 N., a 10-foot wide landscape buffer along Haas Avenue and Lawson Road and a five-foot wide landscape buffer is required along all sides of the property. A 42-foot wide buffer along U.S. Highway 19 N. is proposed consisting of Florida elms and hundreds of shrubs and groundcover plantings. The proposed landscape buffer along Haas Avenue ranges from ten feet to 20 feet in width. The existing landscape buffer along Lawson Road is seven feet wide and contains a six foot tall privacy fence with the majority of the existing plant material in a state of decline. The proposal calls for replacing and augmenting the plant material in the existing buffer along Lawson Road. 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. The side landscape buffers range from 14 feet to zero feet in width. The only portion of the side landscape buffers with no landscape buffer is the area of the shared drive and shared parking where it is not possible to install a landscape buffer. Pursuant to CDC Section 3-1202.E.2, foundation plantings shall be provided for 100 percent of a building façade 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 façade 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 existing building has frontage along three street right-of- Community Development Board – February 15, 2011 FLD2010-12032 – Page 4 EXHIBIT: STAFF REPORT FLD2010-12032 2011-02-15 ways. The façade along Hass Avenue has a 20 foot wide area with the required plantings; however the U.S. Highway 19 N. façade and Lawson Road façade do not have foundation plantings or the opportunity to provide them. Pursuant to CDC Section 3-1202.E.1, ten percent of the gross vehicular use area shall be provided as landscape islands a minimum of eight feet wide and 150 square feet in size. The site proposes 12.74 percent of the vehicular use areas to be landscape islands. While 12.74 percent is proposed some of the islands are not eight feet wide or the minimum 150 square feet. As discussed previously five parking spaces will be removed and converted to interior landscape islands of the minimum width and size requirements. To mitigate for the inadequate size of the interior islands, lack of foundation plantings on two facades and inadequate perimeter landscape buffer width, the applicant has proposed to increase the buffer width along U.S. Highway 19 from 15 feet to 42 feet, increase the foundation planting width on the north façade from five feet to 20 feet, and accent shrubs and groundcover are proposed at the project entrances to create focal points. Due to existing site constraints 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 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 – February 15, 2011 FLD2010-12032 – Page 5 EXHIBIT: STAFF REPORT FLD2010-12032 2011-02-15 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. 0.45 (CL) 0.25 X 0.40 (R/O/R) I.S.R. 0.85 (CL) 0.81 X 0.85 (R/O/R) Minimum Lot Area N/A 143,952 square feet X 1 Minimum Lot Width N/A U.S. Highway 19 N 244 feet X 1 Haas Avenue 560 feet Lawson Road 355 feet Maximum Height N/A 45 feet X 1 Minimum Setbacks Front: N/A U.S Hwy 19: 292 feet (to building) X 1 42.9 feet (to pavement) Hass Avenue: 20 feet (to building) X 1 10 feet (to pavement) 1 X Lawson Road 51.3 feet (to building) 6.9 feet (to pavement) Side: N/A South: 102 feet (to building) X 1 4.3feet (to pavement) East: 76 feet (to building) X 1 0 feet (to pavement) Minimum Off-Street Parking 5 / 1,000 SF GFA 218 parking spaces X (218 parking spaces) 1 See analysis in Staff Report. Community Development Board – February 15, 2011 FLD2010-12032 – Page 6 EXHIBIT: STAFF REPORT FLD2010-12032 2011-02-15 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 – February 15, 2011 FLD2010-12032 – Page 7 EXHIBIT: STAFF REPORT FLD2010-12032 2011-02-15 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 January 6, 2011, 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 4.08 acre subject property is located on the west side of U.S. Highway 19 N. between Haas Avenue and Lawson Road; 2.That the subject property is located within the Commercial (C) District and the Commercial Low (CL) and Residential/Office/Retail (R/O/R) Land Use Plan categories; 3.The site was previously developed with a Circuit City retail store that closed in July 2009; 4.The proposal includes a setback reduction to the building on the north property line; 5.The proposal includes setback reductions to pavement from all property boundaries except the east; 6.The proposal includes reductions to the perimeter landscape buffer requirements; 7.The proposal includes reductions to the foundation landscape planting requirements; 8.The proposal includes 218 parking spaces; 9.The proposal includes a building height of 45 feet; 10.There exists three freestanding signs that are nonconforming to current Code requirements; and 11.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 – February 15, 2011 FLD2010-12032 – Page 8 EXHIBIT: STAFF REPORT FLD2010-12032 2011-02-15 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. APPROVAL Based upon the above, the Planning and Development Department recommends of the Flexible Development application to permit retail sales and service in the Commercial (C) District with a lot area of 177,829 square feet, a lot width of 244 feet (along U.S. Hwy 19 N), 560 feet (along Haas Avenue), 355 feet (along Lawson Road), a front (east) setback of 42.9 feet (to existing pavement) and 292 feet (to existing building), a front (north) setback of 10 feet (to existing pavement) and 20 feet (to existing building), a front (west) setback of 6.9 feet (to existing pavement) and 51.3 feet (to existing building), a side (south) setback of 4.3 feet (to existing pavement) and 102 feet (to existing building), a side (east) setback of zero feet (to existing pavement) and 76 feet (to existing building), a side (south) setback of zero feet (to existing pavement), a building height of 45 feet (to peak of roof), and 218 parking spaces as a Comprehensive Infill Redevelopment Project under the provisions of Community Development Code Section 2-704.C. and a reduction to the required west perimeter landscape buffer from 10 feet to seven feet, a reduction to the required south landscape buffer from five feet to zero feet, a reduction to the required foundation plantings from five feet to zero feet on the west and east facades and to allow interior landscape islands of less than 150 square feet and less than eight feet in width from back of curb to back of curb as a Comprehensive Landscape Program under the provisions of Community Development Code Section 3-1202.G., subject to the following conditions: Conditions of Approval: 1.That, prior to the issuance of a certificate of occupancy or business tax receipt, whichever occurs first, the existing freestanding signs be brought into compliance with CDC Section 3- 1806; 2.That a building permit be obtained for the parking lot improvements, landscaping and building improvements; 3.That, prior to issuance of building permits the site data table be revised to reflect the correct underlying land use, F.A.R. and I.S.R.; 4.That, all proposed signage be permitted separately; 5.That prior to the issuance of a building permit, a unity of title be submitted for lots 1,2,3,4,5,6,7 and 8; 6.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 7.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 – February 15, 2011 FLD2010-12032 – Page 9 EXHIBIT: STAFF REPORT FLD2010-12032 2011-02-15 Community Development Board – February 15, 2011 FLD2010-12032 – Page 10 EXHIBIT: STAFF REPORT FLD2010-12033 2011-02-15 CDB Meeting Date: February 15, 2011 Case Number: FLD2010-12033 (Related to DVA2010-12001) Agenda Item: E. 2. Owner/Applicant: L.O.M., Inc. Representative: Andy Goulish, PE, Finfrock Construction, Inc. Address: 311 S. Gulfview Boulevard CITY OF CLEARWATER PLANNING AND DEVELOPMENT DEPARTMENT STAFF REPORT GENERAL INFORMATION: REQUEST: Flexible Development approval to permit Retail Sales and Services of 34,007 square feet of floor area, a Restaurant of 9,018 square feet of floor area and a Parking Garage of 344 parking spaces (including 44 accessory parking spaces for the Retail Sales and Services and Restaurant uses and 300 public parking spaces) with a lot area of 43,543 square feet, a lot width of 180 feet on S. Gulfview Blvd (west) and 174 feet on Coronado Drive (east), a front (west) setback of zero feet (to building), a front (east) setback of 1.4 feet (to building), a side (north) setback of 0.2 feet (to building) and 0.9 feet (to sidewalk), a side (south) setback of zero feet (to building), a building height of 59.5 feet (to highest parking deck) and 344 parking spaces, as a Comprehensive Infill Redevelopment Project, under the provisions of the Community Development Code Section 2-803.C. CURRENT ZONING: Tourist (T) District CURRENT FUTURE LAND USE PLAN CATEGORY: Resort Facilities High (RFH) BEACH BY DESIGN CHARACTER DISTRICT:Beach Walk PROPERTY USE: Current Use: Under construction, but previously approved for Retail Sales and Services of 34,183 square feet of floor area, a Restaurant of 6,887 square feet of floor area and a Parking Garage of 349 parking spaces (including 49 accessory parking spaces for the Retail Sales and Services and Restaurant uses and 300 public parking spaces) (0.94 Floor Area Ratio) at a height of 59.5 feet (to highest parking deck) Community Development Board – February 15, 2011 FLD2010-12033 – Page 1 of 8 EXHIBIT: STAFF REPORT FLD2010-12033 2011-02-15 Proposed Use: Retail Sales and Services (and Beach Walk Thru Area) of 34,007 square feet of floor area, a Restaurant of 9,018 square feet of floor area and a Parking Garage of 344 parking spaces (including 44 accessory parking spaces for the Retail Sales and Services and Restaurant uses and 300 public parking spaces) (0.99 Floor Area Ratio) at a height of 59.5 feet (to highest parking deck) EXISTING North: Tourist (T) District SURROUNDING Mixed Use (Overnight accommodations and ZONING AND USES: Attached dwellings) and Parking Garage South: Tourist (T) District Overnight accommodations East: Tourist (T) District Overnight accommodations and Retail sales West: Open Space/Recreation (OS/R) District Clearwater Beach ANALYSIS: Site Location and Existing Conditions: The 0.99-acre subject property is located between S. Gulfview Boulevard and Coronado Drive approximately 200 feet south of Third Street. At its meeting of December 15, 2009, the Community Development Board (CDB) approved a Flexible Development application (FLD2009-09032) to permit 34,183 square feet of retail sales and services floor area, 6,887 square feet of restaurant floor area, and a 349 space parking garage (49 parking spaces for the retail sales and services and restaurant uses, and 300 public parking spaces) with a lot area of 43,543 square feet, a lot width of 180 feet on S. Gulfview Blvd. (west) and 174 feet on Coronado Drive (east), a front (west) setback of zero feet (to building), a front (east) setback of 1.4 feet (to building), a side (north) setback of 0.2 feet (to building) and 0.9 feet (to sidewalk), a side (south) setback of zero feet (to building), a building height of 59.5 feet (to highest parking deck) and 349 parking spaces, as a Comprehensive Infill Redevelopment Project. A companion Development Agreement (DVA2009-00004) was recommended for approval by the CDB at its meeting of January 5, 2010, and approved by the City Council at its meeting of February 18, 2010. Development Proposal: The development proposal is to permit 30,211 square feet of retail sales and services floor area, 9,018 square feet of restaurant floor area and a 344 parking space parking garage (44 parking spaces for the retail sales and services and restaurant uses, and 300 public parking spaces). This application would result in 176 square feet less retail sales and services floor area, 2,131 square feet more restaurant floor area, and 5 fewer parking spaces for the retail/restaurant uses than previously approved. The FAR would be increased by 0.05; however the height (to highest parking deck) would remain the same and no further flexibility with regard to setbacks will be required. Community Development Board – February 15, 2011 FLD2010-12033 – Page 2 of 8 EXHIBIT: STAFF REPORT FLD2010-12033 2011-02-15 It is noted that the advertisement for this application denoted a retail floor area of 34,007 square feet. In addition to the actual “retail sales and services” floor area, this square footage includes the dedicated Beach Walk Thru Area which functions more as a common space that is open 24 hours a day, 7 days a week as a publicly accessible corridor between Coronado Drive and the Beachwalk Promenade. The actual, correct square footage for the “retail sales and services” area of the building is 30,211 and all calculations with regard to this application other than Floor Area Ratio have been made based upon this figure. Also on this CDB agenda is a companion amendment to the previously approved Development Agreement (DVA2010-12001) that must be approved by City Council, which provides for specific parameters of the 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 Plan Rules and CDC Section 2-801.1, the maximum FAR for properties with a designation of Resort Facilities High is 1.0. The proposal is for a total of 43,025 square feet of floor area (34,007 square feet of retail (and Beach Walk Thru Area) and 9,018 square feet of restaurant) at a FAR of 0.99, which is consistent with the Code provisions. Impervious Surface Ratio (ISR): Pursuant to the Countywide Plan Rules and CDC Section 2- 801.1, the maximum allowable ISR is 0.95. The proposed ISR is 0.94, which is consistent with the Code provisions. Minimum Lot Area and Width: Pursuant to CDC Table 2-803, there is no minimum lot area or width requirement for Comprehensive Infill Redevelopment Projects. The subject property has a lot area of 43,543 square feet and lot widths along S. Gulfview Boulevard and Coronado Drive of 180 feet and 174 feet, respectively. These are the same figures as were previously approved under FLD2009-09032. Minimum Setbacks: Pursuant to CDC Table 2-803, there are no minimum setback requirements for Comprehensive Infill Redevelopment Projects. The development proposal includes a front (west) setback of zero feet (to building), a front (east) setback of 1.4 feet (to building), side (north) setbacks of 0.2 feet (to building) and 0.9 feet (to sidewalk), and a side (south) setback of zero feet (to building). These are the same setbacks as were previously approved under FLD2009-09032. Maximum Building Height: Pursuant to CDC Table 2-803, there is no maximum allowable height for Comprehensive Infill Redevelopment Projects. The proposed building is 59.5 feet to the highest parking deck, which is the same height as was previously approved under FLD2009- 09032. Minimum Off-Street Parking: Pursuant to CDC Table 2-803, the minimum off-street parking requirements for Comprehensive Infill Redevelopment Projects shall be as determined by the Community Development Coordinator based on the specific use and/or ITE Manual standards. Community Development Board – February 15, 2011 FLD2010-12033 – Page 3 of 8 EXHIBIT: STAFF REPORT FLD2010-12033 2011-02-15 The development proposal includes the provision of 344 off-street parking spaces. Of these spaces, 44 are to specifically serve the proposed retail and restaurant uses, while the remaining 300 will be for public parking. The figures represent a reduction of five (5) off-street parking spaces from that which was previously approved. It is noted that the five (5) eliminated off- street parking spaces have come from those set-aside for the retail and restaurant use and not from the pool of public parking spaces. During development of the building permit plans (and subsequent reviews by the City and our Parking Consultant) the Americans with Disabilities Act (ADA) compliant off-street parking spaces were relocated north of the elevators. This provided a net loss of four (4) parking spaces due to the clearance requirements of the door which accessed the north stair tower. In addition, a parking space in the employee parking area needed to be removed to meet the required vertical clearance and to improve the functionality of the parking space. The resulting number of off- street parking spaces (344) is still within the low/high off-street parking space requirement range provided in the revised Parking Reduction Study. The Study has been reviewed by Traffic Engineering and the Planning Departments and been found to be acceptable. Mechanical Equipment: As a part of this development proposal, the applicant intends to construct a surf machine within the retail space that will provide a full interactive experience for customers. To accomplish this, a necessary mechanical equipment room is proposed adjacent to the north stair tower. The surf machine requires filtration equipment and chemicals (chlorine) to maintain the cleanliness of the water, and its own HVAC equipment to remove latent chlorine and provide fresh conditioned air. Along with the dedicated HVAC equipment, the proposed mechanical equipment room will also house the filtration equipment and power controller. The only access to the room will be from the egress sidewalk located along the northwest corner of the structure. Sight Visibility Triangles: Pursuant to CDC Section 3-904.A, to minimize hazards at the proposed driveway on Coronado Drive, 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 has been reviewed by the City’s Traffic Engineering Department and been found to be acceptable. Utilities: Pursuant to CDC Section 3-912, for development that does not involve a subdivision, all utilities, including individual distribution lines, must be installed underground unless such undergrounding is not practicable. Electric and communication lines for this development will be installed underground on-site in compliance with this requirement. It is unknown of the location of proposed electric panels, boxes and meters for this development. If located exterior to the building, to ensure views are minimized, this electrical equipment should be painted the same color as the building. The location and potential views of such electrical equipment will be addressed at the building permit stage. Landscaping: The landscape plan remains largely unchanged from the prior approval with only relatively minor changes occurring in plant material quantities. The landscape plan complies with all applicable requirements of Article 3, Division 12 of the CDC, as well as those deviations granted by the Board previously through the Comprehensive Landscape Program. Community Development Board – February 15, 2011 FLD2010-12033 – Page 4 of 8 EXHIBIT: STAFF REPORT FLD2010-12033 2011-02-15 Solid Waste: The proposal will utilize roll out dumpsters for trash removal. Dumpsters will be located within the truck loading area behind metal screening doors. On trash days, the dumpsters will be staged in front of the truck loading area. Should the number of dumpsters be inadequate to handle the trash demand of the retail sales and restaurant uses, or should the storage area for the dumpsters be of inadequate size, any additional dumpsters will need to be located within a properly screened area acceptable to the City to avoid unsightly views. This proposal remains unchanged from the prior approval which was found to be acceptable by the City’s Solid Waste Department. Beach by Design Guidelines: The prior development proposal was found to be compliant with Sections C.1, C.2, C.3, and C.4 and the proposal currently before the Board remains substantially consistent with that proposal with the exception of Section C.2. Section C.2 requires no plane or elevation to continue uninterrupted for greater than 100 feet without an offset of more than five feet. All façades of the building have been designed in compliance with this requirement, with the largest linear dimension of approximately 99 feet along the eastern portion of the north facade. All other portions of the building façade are modulated with at least a five-foot deviation, whether along the street frontages or on the north or south sides of the building. However, the graphic banner proposed along the west elevation is mounted at the front of the required building recess and effectively obscures the recess. As such, it is attached as a condition of approval that prior to the issuance of any building permits that the graphic banner must be fully set back within the recess in order to comply with this requirement. 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 as per CDC Section 2-801.1 and Tables 2-802 and 2-803: Standard Proposed Consistent Inconsistent Floor Area Ratio 1.0 43,025 square feet (0.99) X Impervious Surface Ratio 0.95 0.94 X Minimum Lot Area N/A 43,543 sq. ft. X Minimum Lot Width N/A Gulfview: 180 feet X Coronado: 174 feet X Minimum Setbacks Front: N/A West: Zero feet (to building) X East: 1.4 feet (to building) X Side: N/A North: 0.2 feet (to building) X 0.9 feet (to sidewalk) South: Zero feet (to building) X Maximum Height N/A 59.5 feet (to highest parking deck) X Minimum Off-Street Parking N/A 344 parking spaces X (44 Retail/Restaurant; 300 public) Community Development Board – February 15, 2011 FLD2010-12033 – Page 5 of 8 EXHIBIT: STAFF REPORT FLD2010-12033 2011-02-15 COMPLIANCE WITH FLEXIBILITY CRITERIA: The following table depicts the consistency of the development proposal with the Flexibility criteria as per CDC Section 2-803.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 a. 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 – February 15, 2011 FLD2010-12033 – Page 6 of 8 EXHIBIT: STAFF REPORT FLD2010-12033 2011-02-15 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 January 6, 2011, 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 0.99-acre subject property located between S. Gulfview Boulevard and Coronado is Drive, approximately 200 feet south of Third Street; 2.That the proposal includes the construction of 34,007 square feet of retail sales and services floor area (and Beach Walk Thru Area), 9,018 square feet of restaurant floor area, and a 344 space parking garage (44 spaces for the retail sales and services and restaurant uses, and 300 public parking spaces); 3.That the proposed setbacks are consistent with those previously approved by the CDB as part of FLD2009-09032; 4.That the proposed building height is consistent with that previously approved by the CDB as part of FLD2009-09032; 5.That the proposed 344 off-street parking spaces constitutes a reduction of 5 spaces from the prior approval, which is supported by a Parking Reduction Study; 6.That there are no active Code Enforcement cases for the subject property; and 7.That a companion Second Amendment to the Development Agreement (DVA2010-12001) that must be approved by City Council is also on this CDB agenda, which provides for specific parameters of the project. 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 Standards as per Community Development Code Tables 2-801.1, 2-802 and 2-803; Community Development Board – February 15, 2011 FLD2010-12033 – Page 7 of 8 EXHIBIT: STAFF REPORT FLD2010-12033 2011-02-15 2.That the development proposal is consistent with the Flexibility criteria as per Community Development Code Section 2-803.C; 3.That the development proposal is consistent with the General Standards for Level Two Approvals as per Community Development Code Section 3-914.A; and 4.That the development proposal is consistent with the Design Guidelines of Beach by Design. APPROVAL Based upon the above, the Planning and Development Department recommends of the Flexible Development approval to permit Retail Sales and Services of 34,007 square feet of floor area (and Beach Walk Thru Area), a Restaurant of 9,018 square feet of floor area and a Parking Garage of 344 parking spaces (including 44 accessory parking spaces for the Retail Sales and Services and Restaurant uses and 300 public parking spaces) with a lot area of 43,543 square feet, a lot width of 180 feet on S. Gulfview Blvd (west) and 174 feet on Coronado Drive (east), a front (west) setback of zero feet (to building), a front (east) setback of 1.4 feet (to building), a side (north) setback of 0.2 feet (to building) and 0.9 feet (to sidewalk), a side (south) setback of zero feet (to building), a building height of 59.5 feet (to highest parking deck) and 344 parking spaces, as a Comprehensive Infill Redevelopment Project, under the provisions of the Community Development Code Section 2-803.C, with the following conditions: Conditions of Approval: 1.That approval of this Flexible Development case is subject to the approval of a Development Agreement with the City (Case DVA2010-12001); 2.That the final design and color of the building be consistent with the architectural elevations approved by the CDB; 3.That, prior to the issuance of any building permits, any applicable Public Art and Design Impact Fee be paid; 4.That, prior to the issuance of any building permits, all site data and calculations denoted on the plans are revised to be consistent and correct; 5.That, prior to the issuance of any building permits, the plans are revised so that the graphic banner is fully set back within the recess on the west elevation; 6.That, prior to the issuance of a Certificate of Occupancy, an easement be recorded for that portion of the deceleration lane and the public sidewalk that is located on the subject property; 7.That, prior to the issuance of a Certificate of Occupancy, any electric equipment (electric panels, boxes and meters) located exterior to the building where visible from adjacent roadways, be painted the same color as the building; 8.That, in the event the number of dumpsters be inadequate to handle the trash demand of this development and/or the storage area for the dumpsters be of inadequate size, any additional dumpsters be located within a properly screened area acceptable to the City; and 9.That an emergency power source be included in the parking garage and be designed to provide power for all garage lighting, one elevator and the parking access and revenue control system. 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 Community Development Board – February 15, 2011 FLD2010-12033 – Page 8 of 8 EXHIBIT: STAFF REPORT FLD2010-12033 2011-02-15 S:\Planning Department\C D B\FLEX (FLD)\Pending cases\Up for the next CDB\Gulfview S 311 Surf Style (T) 2011 02-15 - RT\Staff Report 2011 02-15.docx Community Development Board – February 15, 2011 FLD2010-12033 – Page 9 of 8 EXHIBIT: STAFF REPORT DVA2010-12001 2011-02-15 CDB Meeting Date: February 15, 2011 Case Number: DVA2010-12001 (Related to FLD2010-12033) Agenda Item: F. 1. Owner/Applicant: L.O.M., Inc. Representative: Andy Goulish, PE, Finfrock Construction, Inc. Address: 311 S. Gulfview Boulevard CITY OF CLEARWATER PLANNING AND DEVELOPMENT DEPARTMENT STAFF REPORT GENERAL INFORMATION: REQUEST: Review of, and recommendation to the City Council, of a Second Amendment to a Development Agreement between L.O.M. Inc. (the property owner) and the City of Clearwater. CURRENT ZONING: Tourist (T) District CURRENT FUTURE LAND USE PLAN CATEGORY: Resort Facilities High (RFH) BEACH BY DESIGN CHARACTER DISTRICT: Beach Walk PROPERTY USE: Current: Under construction, but previously approved for Retail Sales and Services of 34,183 square feet of floor area, a Restaurant of 6,887 square feet of floor area and a Parking Garage of 349 parking spaces (including 49 accessory parking spaces for the Retail Sales and Services and Restaurant uses and 300 public parking spaces) (0.94 Floor Area Ratio) at a height of 59.5 feet (to highest parking deck) Proposed: Retail Sales and Services (and Beach Walk Thru Area) of 34,007 square feet of floor area, a Restaurant of 9,018 square feet of floor area and a Parking Garage of 344 parking spaces (including 44 accessory parking spaces for the Retail Sales and Services and Restaurant uses and 300 public parking spaces) (0.99 Floor Area Ratio) at a height of 59.5 feet (to highest parking deck) EXISTING North: Tourist (T) District Mixed-Use and Parking Garage SURROUNDING South: Tourist (T) District Overnight accommodations ZONING AND USES: East: Tourist (T) District Overnight accommodations and Retail sales and services West: Open Space/Recreation Clearwater Beach (OS/R) District Community Development Board – February 15, 2010 DVA2010-12001 – Page 1 of 3 EXHIBIT: STAFF REPORT DVA2010-12001 2011-02-15 ANALYSIS: Site Location and Existing Conditions: The 0.99-acre subject property is located between S. Gulfview Boulevard and Coronado Drive approximately 200 feet south of Third Street. At its meeting of January 5, 2010, the Community Development Board (CDB) recommended that the City Council approve a Development Agreement between L.O.M. Inc. (the property owner) and the City of Clearwater. This Development Agreement (DVA2009-00004), which was approved by the City Council at its meeting of February 18, 2010, allowed for the development of 34,183 square feet of retail sales and services floor area, 6,887 square feet of restaurant floor area, and a 349 parking space parking garage (49 parking spaces for the retail sales and services and restaurant uses, and 300 public parking spaces). The Development Agreement also established a maximum Floor Area Ratio (FAR) of 0.94, and height of 59.5 feet (to highest parking deck). A First Amendment to this Development Agreement (revising previously established commencement and completion dates) was recorded with Pinellas County on October 28, 2010. Development Proposal: The Development Agreement includes a companion Flexible Development application (FLD2010-12033) to permit 34,007 square feet of retail sales and services floor area (and Beach Walk Thru Area), 9,018 square feet of restaurant floor area and a 344 parking space parking garage (44 parking spaces for the retail sales and services and restaurant uses, and 300 public parking spaces). This application would result in 176 square feet less retail sales and services floor area (and area devoted to the Beach Walk Thru Area), 2,131 square feet more restaurant floor area, and 5 fewer parking spaces for the retail/restaurant uses than previously approved. The FAR would be increased by 0.05; however the height (to highest parking deck) would remain the same. Development Agreement: The purpose of this amendment is to reestablish the scope of the project with regard to the developable square footage for the retail and restaurant uses, and the off-street parking to be provided for those uses. The amended Development Agreement will remain in effect for a period not to exceed five (5) years following the completion date of the project and includes the following main provisions: Establishes that the term “Project” means, generally, the development and construction of a ? 39,229 square feet retail/commercial project with 44 parking spaces, and a commercial parking garage containing 300 parking spaces open to the public; Separates the project into a Retail Unit(s) (total of 43,025 square feet of retail/commercial ? floor area on the ground floor consisting of approximately 34,007 square feet of retail space [does not include the Beach Walk Thru Area], 9,018 square feet of restaurant space and 44 parking spaces on the second floor); and Includes the formation of a three-unit condominium for the project consisting of a Parking ? Unit and two (2) Retail Units, one of which will include approximately 9,018 square feet of restaurant space and the other of which will include the remainder of the Retail Unit (approximately 34,007 square feet of retail space, the Beach Walk Thru Area, and 44 parking spaces). Community Development Board – February 15, 2010 DVA2010-12001 – Page 2 of 3 EXHIBIT: STAFF REPORT DVA2010-12001 2011-02-15 The CDB has been provided with the most recent copy of the proposed Second Amendment to the Development Agreement. The City Council may enter into Development Agreements to encourage a stronger commitment on comprehensive and capital facilities planning, to ensure the provision of adequate public facilities for development, to encourage the efficient use of resources, and to reduce the economic cost of development. The CDB is required to review the proposed Development Agreement and make a recommendation to the City Council. SUMMARY AND RECOMMENDATION: The Development Review Committee (DRC) reviewed the application and supporting materials at its meeting of January 6, 2011, and deemed the development proposal to be legally sufficient to move forward to the 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 0.99 acres is located between S. Gulfview Boulevard and Coronado Drive approximately 200 feet south of Third Street; 2.That the property is located within the Tourist (T) District and the Resort Facilities High (RFH) Future Land Use Plan category; and 3.That the development proposal is subject to the requirements of Beach by Design and the Design Guidelines contained therein as the property is located within the Beach Walk character district. Conclusions of Law: The Planning and Development Department, having made the above findings of fact, reaches the following conclusions of law: 1.That the amended Development Agreement implements and formalizes the requirements for the construction of on-site and off-site improvements under the related site plan proposal (FLD2010-12033); 2.That the amended Development Agreement complies with the standards and criteria of Community Development Code Section 4-606; 3.That the amended Development Agreement is consistent with and furthers the Visions, Goals, Objectives and Policies of the Comprehensive Plan; and 4.That the amended Development Agreement is consistent with the Visions, Goals, Objectives and Policies of Beach by Design and the Beach Walk character district. Based upon the above, the Planning and Development Department recommends the APPROVAL , and recommendation to the City Council, of a Second Amendment to a Development Agreement between L.O.M. Inc. (the property owner) and the City of Clearwater as per Beach by Design and Community Development Code Section 4-606, for the property at 311 S. Gulfview Boulevard. Prepared by Planning and Development Department Staff: ______________________________ Robert G. Tefft, Development Review Manager ATTACHMENTS: Development Agreement with Exhibits; Location Map; Aerial Map; Future Land Use Map; and Zoning Map Community Development Board – February 15, 2010 DVA2010-12001 – Page 3 of 3 EXHIBIT: STAFF REPORT DVA2010-12001 2011-02-15 S:\Planning Department\C D B\FLEX (FLD)\Pending cases\Up for the next CDB\DVA2010-12001 - Gulfview S 311 Surf Style (T) 2011 02-15 - RT\DVA Staff Report 2011 02-15.docx Community Development Board – February 15, 2010 DVA2010-12001 – Page 4 of 3 LL Clearwater U Interdepartmental Correspondence Sheet TO: Community Development Board Members FROM: Robert Tefft, Development Review Manager COPIES: Leslie Dougall-Sides, Assistant City Attorney; Susan Chase, City Cleric Specialist; Sue Diana, Assistant City Clerk; /Pat Sullivan, Board Reporter SUBJECT: Agenda Items for February 15, 2011 DATE: February 10, 2011 CDB packets being distributed on contain the following items: Agenda Site investigation form Unapproved minutes of previous meeting CONTINUED ITEM 11_tem Ik Case: FLD2010-09027 -1315 Cleveland Street Level Two Applications (Item) Case: FLD2010-12032 - 24244 U.S. Highway 19 North Yes No 2. Case: FLD2010/12033-- 311 S. Gulfview Boulevard (Related to DVA2010-12001) Yes No LEVEL THREE APPLICATIONS Item 1): I- Case: Case: DVA2010-12001 - 311 S. Gulfview Boulevard (Related to FLD2010-12033) Yes No I have conducted a erson inv sti on on the personal site visit to the following ro ernes. Signature: Date: 2 5 ICun.? l3• H?+?Cz?c.?'c5 PRINT NAME S: (Planning Departmen6C D &4gendas DRC & CDBICDBI2011 W February 201111 Cover MEMO 2011. doc S 0 Clearwater U Interdepartmental Correspondence Sheet TO: Community Development Board Members FROM: Robert Tefft, Development Review Manager COPIES: Leslie Dougall-Sides, Assistant City Attorney; Susan Chase, City Clerk Specialist; Sue Diana, Assistant City Clerk; /Pat Sullivan, Board Reporter SUBJECT: Agenda Items for February 15, 2011 DATE: February 10, 2011 CDB packets being distributed on contain the following items: Agenda Site investigation form Unapproved minutes of previous meeting CONTINUED ITEM (Item 1): Case: FLD2010-09027 -1315 Cleveland Street Level Two Applications (Item 1-2) 1. Case: FLD2010-12032 - 24244 U.S. Highway 19 North Yes No / 2. Case: FLD2010-12033 - 311 S. Gulfview Boulevard (Related to DVA2010-12001) Yes No LEVEL THREE APPLICATIONS (Item 1): 1. Case: Case: DVA2010-12001 - 311 S. Gulfview Boulevard (Related to FLD2010-12033) Yes No X Signature: y _ Date: 46 PRINT NAME S: (Planning DepartmentlC D BW gendas DRC & CDBICDBI201I W2 February 201111 Cover MEMO 2011. doc LL } Clearwater U Interdepartmental Correspondence Sheet TO: Community Development Board Members FROM: Robert Tefft, Development Review Manager COPIES: Leslie Dougall-Sides, Assistant City Attorney; Susan Chase, City Clerk Specialist; Sue Diana, Assistant City Clerk; /Pat Sullivan, Board Reporter SUBJECT: Agenda Items for February 15, 2011 DATE: February 10, 2011 CDB packets being distributed on contain the following items: Agenda Site investigation form Unapproved minutes of previous meeting CONTINUED ITEM (Item 1): Case: FLD2010-09027 -1315 Cleveland Street Level Two Applications Item 1-2 1. Case: FLD2010-12032 - 24244 U.S. Highway 19 North Yes No 2. Case: FLD2010-12033 - 311 S. Gulfview Boulevard (Related to DVA2010-12001) Yes -)<' No LEVEL THREE APPLICATIONS (Item 1): 1 _ Case: Case: DVA2010-12001 - 311 S. Gulfview Boulevard (Related to FLD2010-12033) Yes x No Date: Z 15 11 Signature: &J'42?j wji4-2?- i G hep-p .dfi?? 1 N PRINT NAME S: (Planning Depardnen6C D BWgendas DRC & CDBICDBI2011 W2 February 2011 11 Cover MEMO 2011.doc I "e: Clearwater U Interdepartmental Correspondence Sheet TO: Community Development Board Members FROM: Robert Tefft, Development Review Manager COPIES: Leslie Dougall-Sides, Assistant City Attorney; Susan Chase, City Clerk Specialist; Sue Diana, Assistant City Clerk; /Pat Sullivan, Board Reporter SUBJECT: Agenda Items for February 15, 2011 DATE: February 10, 2011 CDB packets being distributed on contain the following items: Agenda Site investigation form Unapproved minutes of previous meeting CONTINUED ITEM (Item 1): Case: FLD2010-09027 -1315 Cleveland Street Level Two Applications (Item 1-2) 1. Case: FLD2010-12032 -- 24244 U.S. Highway 19 North Yes No 2. Case: FLD2010-12033 - 311 S. Gulfview Boulevard (Related to DVA2010-12001) yes No LEVEL THREE APPLICATIONS (Item I): I - Case: Case: DVA2010-12001 - 311 S. Gulfview Boulevard (Related to FLD2010-12033) Yes V11 No PRINT NAME I have conduc reda em al invest on t Personal site visit to the following ro erties. Sig Date: Q;x?A-??D a= I k , s S: IPlanndngDepartmentlC D Bl4gendas DRC & CDBICDB12011102 February 201111 Cover MEMO 2011-doc Clearwater TO: Community Development Board Members FROM: Robert Tefft, Development Review Manager U Interdepartmental Correspondence Sheet COPIES: Leslie Dougall-Sides, Assistant City Attorney; Susan Chase, City Clerk Specialist; Sue Diana, Assistant City Clerk; /Pat Sullivan, Board Reporter SUBJECT: Agenda Items for February 15, 2011 DATE: February 10, 2011 CDB packets being distributed on contain the following items: Agenda Site investigation form Unapproved minutes of previous meeting CONTINUED ITEM (Item 1): Case: FLD2010-09027 -1315 Cleveland Street Level Two Applications (Item 1-2) 1. Case: FLD2010-12032 - 24244 U.S. Highway 19 North Yes No 2. Case: FLD2010-12033 - 311 S. Gulfview Boulevard (Related to DVA2010-12001) Yes No LEVEL THREE APPLICATIONS (Item 1): Case: Case: DVA2010-12001 - 311 S. Gulfview Boulevard (Related to FLD2010-12033) Yes No Signature: PRINT NAME Date: S: IPlanntng DepartmentlC D BlAgendas DRC & CDBVDM201 h02 February 201111 Cover MEMO 2011.doc