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FLD2011-03014; 2241 NURSERY RD; CAFE CHARLIE FLD2011-03014 2241 NURSERY RD Date Received: 3/24/20114:28:35 PM Cafe Charlie ZONING DISTRICT: Commercial LAND USE: Commercial General ATLAS PAGE: 317A PLANNER OF RECORD: PLANNER: Kevin Nurnberger, Planner III CDB Meeting Date: June 21, 2011 Case Number: FLD2011-03014 Agenda Item: D. 2. Owner/Applicant: Tagaras, Ioannis V, Revocable Living Address: 2241 Nursery Road CITY OF CLEARWATER PLANNING AND DEVELOPMENT DEPARTMENT STAFF REPORT GENERAL INFORMATION: REQUEST: Flexible Development approval for a 2,100 square foot restaurant in an existing 2,728 square foot building in the Commercial (C) District with a lot area of 14,100 square feet, a lot width of 141 feet (along Nursery Road), front (north) setbacks of 7 feet (to pavement) and 24.7 feet (to building), side (east) setback of 10 feet (to building), rear (south) setbacks of zero feet (to pavement) and 19 feet (to building), side (west) setbacks of zero feet (to pavement) and 66 feet (to building), a building height of 24 feet (to midpoint of pitched roof), and 15 off-street parking spaces as a Comprehensive Infill Redevelopment Project under the provisions of Section 2-704, Community Development Code. ZONING DISTRICT: Commercial (C) District FUTURE LAND USE PLAN CATEGORY: PROPERTY USE: EXISTING SURROUNDING Commercial General (CG) Current: Retail Sales and Services Proposed: Restaurant North: High Density Residential (HDR) District Attached Dwellings ZONING AND USES: South: Office (O) District Offices East: Commercial (C) District - Bakery, Restaurant (take-out) West: Commercial (C) District Retail Sales and Services ANALYSIS: Site Location and Existing Conditions: The 0.32 acres is located at southeast corner of the Executive Place and Nursery Road (CR-474) intersection; approximately 307 feet east of the Belcher Road (CR-501) and Nursery Road (CR- 474) intersection. On site is a 2,728 square foot building with two tenant spaces and the site is completely built. A dry-cleaning service with drive-thru facilities currently occupies one of the units in a 544.8 square foot space. The site has direct access from Nursery Road, but also shares an access driveway from Nursery Road with the office building located directly behind the subject property. This shared driveway runs along the western property line of the subject property and Community Development Board - June 21, 2011 FLD2011-03014 -Page 1 allows vehicles to enter the shared driveway, circle onto the subject property to access the dry- cleaners drive-thru facility, and exit from the subject properties driveway onto Nursery Road. There are a total of seventeen off-street parking spaces provided on site including one handicap space for the two commercial uses. The previous use for the subject tenant space was a chiropractic office. To the north, directly across Nursery Road, is a high density residential subdivision known as Pinellas Groves. Located to the south of the site is an office building which consists of a dentist office. This office building is situated on a landlocked parcel that shares an access drive with the subject property. To the east and west are commercial properties which consist of a bakery, a take-out pizza shop, restaurant, and convenience store with a pharmacy. Development Proposal: The application proposes to utilize the existing 2,100 square-foot enclosed tenant space as a restaurant (cafe) where there was previously a chiropractic office. The only proposed changes to the structure are interior modifications to accommodate the cafe. There are no proposed site improvements other than restoring the landscaping to the landscape plan that was previously approved for this property. That landscape plan is compliant with current landscape standards. The site conforms to current standards for minimum lot area, minimum lot width, impervious surface ratio (I.S.R.) and floor area ratio (F.A.R.) and no changes are proposed. The existing building and pavement setbacks are nonconforming to current Code requirements and are not proposed to be modified. The existing building height for this tenant space is less than the maximum height for the minimum standard Code requirement. The shopping center has seventeen off-street parking spaces; two spaces are designated for the dry-cleaner service use. The remaining fifteen parking spaces are available for the restaurant (cafe) use. Based upon Section 3-1405, Community Development Code (CDC) for shared parking and the existing/proposed uses, the subject property would require a minimum of 21 off-street parking spaces, or 4 spaces more than presently existing. No additional off-street parking is proposed as part of this application and the addition of any further off-street parking would not be possible given the existing on-site improvements. The applicant's concept for this establishment (Cafe Charlie) is that of a high-end cafe that.also serves select beer and wine. Many varieties of coffee, tea, ciders, hot chocolate, and fruit smoothies will be offered. Desserts, pastries, and cold sandwiches will be also offered. Food and all coffee house items will be available during all operating hours. The applicant will not offer for on-premise consumption more than beer and wine and will not offer any enticing alcoholic drink specials (such as, but not limited to, ladies night or quarter beer night). The proposed hours of operation are 8:00 am to 11:00 pm Sunday through Thursday and 7:00 am to 2:00 am on Friday and Saturday. During weekdays, the applicant proposes no music played loud enough to impede low decibel conversation or reading activities indoors; however, the applicant wishes to provide live acoustic music indoors at weekends. Comprehensive Infill Redevelopment Project Criteria: Pursuant to Section 2-704, CDC, the uses allowed within the Commercial (C) District are subject to the standards and criteria set forth in this Section. Among those criteria established for the review of Comprehensive Infill Redevelopment Projects is the following: Community Development Board - June 21, 2011 FLD2011-03014 - Page 2 6. Flexibility with regard to use, lot width, required setbacks, height and off-street parking are justified based on demonstrated compliance with all of the following design objectives: a. The proposed development will not impede the normal and orderly development and improvement of the surrounding properties for uses permitted in this zoning district; b. The proposed development complies with applicable design guidelines adopted by the City; c. The design, scale and intensity of the proposed development supports the established or emerging character of an area; d. In order to form a cohesive, visually interesting and attractive appearance, the proposed development incorporates a substantial number of the following design elements: ? Changes in horizontal building planes; ? Use of architectural details such as columns, cornices, stringcourses, pilasters, porticos, balconies, railings, awnings, etc.; ? Variety in materials, colors and textures; ? Distinctive fenestration patterns; ? Building step backs; and ? Distinctive roofs forms. e. The proposed development provides for appropriate buffers, enhanced landscape design and appropriate distances between buildings. As previously noted, the proposal does not contain any changes to either the existing shopping center building or the off-street parking area, and while the proposal will meet some of the above criteria, it cannot meet others without being required to modify the existing architectural elevations of the shopping center. However, to require such changes simply to accommodate the proposed use for an existing tenant space may be impractical and inappropriate. Minimum Off-Street Parking: Pursuant to Table 2-704, CDC, the minimum required- parking for a Comprehensive Infill Redevelopment Project is determined by the Community Development Coordinator based on the specific use and/or ITE Manual standards. The off-street parking requirement for restaurants is between 7 and 15 spaces per 1,000-.square feet of gross floor- area, which for a 2,100 square foot restaurant would result in a requirement between 14 and 31 spaces. Furthermore, CDC Section 3-1405 provides a shared parking table to determine the minimum number of parking spaces for a building with two or more uses. In this case, a dry-cleaning service and restaurant will require between 21 and 33 shared parking spaces on site. The range of parking spaces includes factoring in the flexibility in required parking spaces for both-uses in _ CDC Section 2-703. The applicant proposes 15 parking spaces; which includes one handicap space, which is near the minimum number of spaces for restaurants; however, as previously stated a minimum of 21 off-street parking spaces is required according to the shared parking table in CDC Section 3-1405. As noted above, the minimum number of parking spaces for the proposed use is available on the subject property. Due to the number of off-street parking spaces and on-site improvements, no space is available to provide additional parking stalls. Therefore, Staff recommends that the Community Development Board - June 21, 2011 FLD2011-03014 - Page 3 seating capacity of the restaurant (caf6) be limited to only allow up to 40 seats. Such a measure should ensure no parking issues for the existing and proposed commercial uses on site. Solid Waste: The dumpster will be located behind the building in an enclosed area for such use. The location allows for trouble-free access for solid waste vehicles. The size and location of the proposed dumpster has been found to be acceptable by the City's Solid Waste Department and Fire Department. Landscaping: The ability to meet the Code requirements for perimeter areas is restricted by the property configuration, building location, stormwater requirements and the provision of the greatest number of parking spaces possible. Given these design constraints, the applicant proposes to restore the landscaping on site to the approved landscape plan approved when this site was developed. The approved landscape plan is compliant with current landscape standards. The landscaping improvements will enhance the visual appearance of the subject property along Nursery Road. Signage: It is attached as a condition that any signage proposed for this development applies for approval through the Comprehensive Sign Program or obtain an approved sign permit. Code Enforcement Analysis: There are no active Code Enforcement cases for the subject property. COMPLIANCE WITH STANDARDS AND CRITERIA: The following table depicts the consistency of the development proposal with the standards of the Commercial General (CG) land use category and the Commercial (C) District as per Section 2-701.1., CDC and Table 2-704, CDC: Standard Proposed Consistent Inconsistent FAR 0.55 0.19 X ISR 0.90 0.72 X Minimum Lot Area N/A 14,100 sq. ft. (.323 acres) X Minimum Lot Width N/A 141 feet X Minimum Setbacks Front: N/A North: 7 feet (to pavement) X 24.7 feet (to building) Side: N/A East: 10 feet (to building) X West: 0 feet (to pavement) X 66 feet (to building) Rear: N/A South: 0 feet (to pavement) X 19 feet (to building) Maximum Height N/A 24 feet X Minimum 7-15 spaces per 1,000 SF GFA 15 parking spaces - X Off-Street Parking (14-31 spaces) i Reflects existing conditions on-site (based on the submitted site plan) that are not being altered or approved by the proposed application. Community Development Board - June 21, 2011 FLD2011-03014 - Page 4 COMPLIANCE WITH FLEXIBILITY CRITERIA: The following table depicts the consistency of the development proposal with the Flexibility criteria as per Section 2-703.C., CDC (Comprehensive Infill Redevelopment Project): 1. The development or redevelopment is otherwise impractical without deviations from 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 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 development and improvement of surrounding properties. 4. Adjoining properties will not suffer substantial detriment as a result of the proposed development 5. The proposed use shall otherwise be permitted by the underlying future land use category, be compatible with adjacent land uses, will not substantially alter the essential use characteristics of the neighborhood; and shall demonstrate compliance with one or more of the following objectives: a. The proposed use is permitted in this zoning district as a minimum standard, flexible standard or flexible development use; b. The proposed use would be a significant economic contributor to the City's economic base by diversifying the local economy or by creating jobs; c. The development proposal accommodates the expansion or redevelopment of an existing economic contributor; d. The proposed use provides for the provision of affordable housing; e. The proposed use provides for development or redevelopment in an area that is characterized by other similar development and where a land use plan amendment and rezoning would result in a spot land use or zoning designation; or f. The proposed use provides for the development of a new and/or preservation of a working waterfront use. 6. Flexibility with regard to use, lot width, required setbacks, height and off-street parking are justified based on demonstrated compliance with all of the following design objectives: a. The proposed development will not impede the normal and orderly development and improvement of the surrounding properties for uses permitted in this zoning district; b. The proposed development complies with applicable design guidelines adopted by the City; c. The design, scale and intensity of the proposed development supports the established or emerging character of an area; d. In order to form a cohesive, visually interesting and attractive appearance; the proposed development incorporates a substantial number of the following design elements: ? Changes in horizontal building planes; ? Use of architectural details such as columns, cornices, stringcourses, pilasters, porticos, balconies, railings, awnings, etc.; ? Variety in materials, colors and textures; ? Distinctive fenestration patterns; ? Building step backs; and ? Distinctive roofs forms. f. The proposed development provides for appropriate buffers, enhanced landscape design and appropriate distances between buildings. i See above discussion with regard to Comprehensive Infill Redevelopment Project criteria Consistent I Inconsistent X X X X X X' Community Development Board - June 21, 2011 FLD2011-03014 -Page 5 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 Section 3-914.A., CDC: 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 olfactorv and hours of operation impacts on adiacent vroverties. SUMMARY AND RECOMMENDATION: The Development Review Committee (DRC) reviewed the application and supporting materials at its meeting of May 5, 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. The 0.323 acres is located on the south side of Nursery Road approximately 307 feet east of the Belcher Road and Nursery Road intersection; 2. That the subject property is located within the Commercial (C) District and the Commercial General (CG) Future Land Use Plan category; 3. The site is currently improved with an approximate 2,728 square-foot, two tenant shopping center; 4. There is an existing drive-thru dry-cleaning s ervice occupying one ten ant space on the subject property; 5. The application proposes to utilize a 2,100 square-foot- vacant tenant space previously a chiropractic office to be used as a restaurant (cafd); 6. The subject property is presently non-conforming with respect to the existing shopping center building and off-street parking area not meeting the minimum required setbacks; 7. There are no proposed site improvements other than restoring the landscaping to current landscape standards; 8. The proposal is to permit a cafd with on-premise consumption of beer and wine within one tenant space in the existing shopping center; 9. The proposal has no impact upon the following development standards: F.A.R., I.S.R., minimum lot area/size and maximum building height, as they presently exist; 10. The proposed use will not exacerbate the existing nonconforming setbacks for the shopping center building or the off-street parking area; 11. The subject property is developed with a total of 17 off-street parking spaces, which, as a whole, is presently nonconforming with respect to the provision of off-street parking; Community Development Board - June 21, 2011 FLD2011-03014 - Page 6 12. Of the 17 off-street parking spaces on site, 15 will be available for the restaurant use; 13. No additional off-street parking is proposed as part of this application and the addition of any further off-street parking would not be possible given the existing on-site improvements; and 14. There are no active Code Enforcement cases for the subject property. Conclusions of Law. The Planning and Development Department, having made the above findings of fact, reaches the following conclusions of law: 1. That the development proposal is consistent with the Standards as per Section 2-701.1 and Table 2-703, CDC; 2. That the development proposal is consistent with the Flexibility criteria as per Section 2- 704.C., CDC; and 3. That the development proposal is consistent with the General Standards for Level Two Approvals as per Section 3-914.A., CDC. Based upon the above, the Planning and Development Department recommends APPROVAL of Flexible Development approval for a for a 2,100 square foot restaurant in an existing 2,728 square foot building in the Commercial (C) District with a lot area of 14,100 square feet, a lot width of 141 feet (along Nursery Road), front (north) setbacks of 7 feet (to pavement) and 24.7 feet (to building), side (east) setback of 10 feet (to building), rear (south) setbacks of zero feet (to pavement) and 19 feet (to building), side (west) setbacks of zero feet (to pavement) and 66 feet (to building), a building height of 24 feet (to midpoint of pitched roof), and 15 off-street parking spaces as a Comprehensive Infill Redevelopment Project under the provisions of Section 2-704, Community Development Code, subject to the following conditions: Conditions of Approval: 1. That, prior to the issuance of any building permits, all outstanding comments from the Engineering Department are addressed; 2. That, prior to the issuance of a Certificate of Completion or Business Tax Receipt, whichever may occur first, the applicant must have installed any/all landscape materials missing from the subject property as per the previously approved landscape plan for the site, and that these materials being installed are to be Florida Grade #1; 3. That when the owner/applicant applies for a Business Tax Receipt (BTR) with the;.City of Clearwater for a restaurant at 2241 Nursery Road the restaurant shall be limited to allow up to 40 seats maximum; 4. That on-premise consumption of alcoholic beverages be limited to beer and wine (2-COP) and there be no package sales in sealed containers of liquor; 5. That there be no enticing alcoholic drink specials, such as, but not limited to, ladies-night-or quarter beer night; and 6. That food and all coffee house items are available during all operating Prepared by Planning and Development Department Staff. Kevin V. Nurnberger, Planner III ATTACHMENTS: Location Map; Aerial Map; Zoning Map; Existing Surrounding Uses Map; and Photographs Community Development Board - June 21, 2011 FLD2011-03014 - Page 7 S: )Planning DepartmentlC D BIFLEX (FLD) (Pending cases) Up for the next CDBWursery 2241 Cafe Charlie (C) 2011.xx - KWMStaff Report.docx Community Development Board - June 21, 2011 FLD2011-03014 - Page 8 r J, - o EAKEVI HABERSHAA9 0 9 g LL ?10 VIOLA DR U aAlBORNE p =, n Y LN CAK GRCTJE DR > MORNINGSIDE DR ??s z a L ^ . DIPLOMAT DR 9 .CyiJFPTiS' 'D ° N p. ¢ HARN tm? W ?Q +f { cJS z Q J ? ? 3 LLJ 3: C L EM/CYY ® m .`CClh?Is d z GT e -. . C FAIRBANKS p • ' 6 J n WILLIAMS DR ? ILI Q ATTACHE : BARQEL(NJA •[)R . 9 C ENAN < ' L L © r/ 7 AIL O SUh'IMl w ?[ ` [ U YAX z U - : CR-474 5 _: 9 "AURSE 3' s J s PROJECT NA. SITE ?AV ?x!DR a a . s Piese?ve° WISTFUL m 2 SANTA (JlZ .-: LOCATION Owner: Tagaras, loannis V., Revocable Living Trust Case: FLD201 1-0301 4 Site: 2241 Nursey Road Property Size: .323 acres/ 14,098 sq. ft. PIN: 19-29-16-00000-330-0300 Atlas Page: 317A avow 1443 1445 ' '0- 441 8 1447 2230 tL. 128 11449 451 _ ? 'a W 1453 y ?:' . y a 1455 1483 . i 1465 E 1487 1489 A c (c 1471 1475 : •° 1480 1477 9 10 11 i i8 4 1488 1481 ?? . a. • ?c•; z 1492 111 ; Zu. r o L 150 N ,. . Q •• Y co o _ 1492 } $ V O o 4vos j 1499 N j ,ao 14$$ m O N NURSERY RD 33roe, 114 180(3) `b. 3P 14i N 1500 150 h N d 01 g 3303 i N N N E N 172 200 1502 1505 33roe 1M y ' ,y e 33718 . 23005 X1545 O ? 33/07 33189 ° ?• ' 1 231 .j ` 1550 2 W EXISTING USE Owner: Tagaras, loannis V., Revocable Living Trust Case: FLD201 1-0301 4 Site: 2241 Nursey Road Property Size: .323 acres/ 14,098 sq. ft. PIN: 19-29-16-00000-330-0300 Atlas Page: 317A 1443 1445 f,441 1447 2230 ' 1446 1449 1451 1?7q°. a 2 1453 h 1455 1463 1465 1467 .. - • ^ .??`. ' 1469 1471 1475 4Y' •" 1480 1477 ,46, HDR . - ?a •'? , " 1486 z ,492 LD co N N O 1492 LDR C, 1499 N N 1496 Q N y 0 W N 1500 X / U N N N N W CO) 1505 1502 N O eN N` MDR 1545 MHDR 1550 ".1551`. ... ZONING Owner: Tagaras, loannis V., Revocable Living Trust Case: FLD2011-03014 Site: 2241 Nursey Road Property Size: .323 acres/ 14,098 sq. ft. PIN: 19-29-16-00000-330-0300 Atlas Page: 317A