03/19/2013
COMMUNITY DEVELOPMENT BOARD MEETING MINUTES
CITY OF CLEARWATER
March 19, 2013
Present: Vice-Chair Thomas Coates, Member Frank L. Dame, Member Richard
Adelson, Member Brian A. Barker, Member Kurt B. Hinrichs, Member Donald van
Weezel, Acting Member John Funk
Absent: Member Norma R. Carlough
Also Present: Attorney for the Board Gina Grimes, Assistant City Attorney Leslie
Dougall-Sides, Planning & Development Director Michael Delk, Assistant Planning &
Development Director Gina Clayton, Development Review Manager Robert Tefft, Board
Reporter Patricia O. Sullivan
A. CALL TO ORDER, INVOCATION, PLEDGE OF ALLEGIANCE
The Vice-Chair called the meeting to order at 1:00 p.m. followed by the invocation and
Pledge of Allegiance.
B. ROLL CALL: Vice Chair Coates, Members Adelson, Barker, Carlough,
Dame Hinrichs, van Weezel Alternate Member John Funk, City Staff
C. APPROVAL OF MINUTES OF PREVIOUS MEETING: February 19, 2012
Member van Weezel moved toapprove the minutes of the regular Community
Development Board meeting of February 19, 2012, as recorded and submitted in written
summation to each board member. The motion was duly seconded and carried
unanimously.
D. WELCOME NEW BOARD: John Funk
E. Recognition of Service: (Item 1):
1. Board Member Nick Fritsch
Previous Board Chair Nick Fritsch was thanked for his service and made parting
remarks.
F. CONSENT AGENDA: The following case is not contested by the applicant,
staff, neighboring property owners, etc. and will be approved by a single
vote at the beginning of the meeting: (Item 1)
1. Case: FLD2012-11026- 1990 Sunset Point Rd. Level Two Application
Owner: S & I Ventures LLC.
Community Development 3/19/2013 1
Agent: Elizabeth Abernethy, Stantec Consulting (2205 N. 20th Street Tampa FL
33605; Phone: 813-223-9500; email: Liz.Abernethy@stantec.com)
Location: 0.78-acre subject property is located at the northwest corner of Sunset
Point Road and N. Hercules Avenue.
Atlas Page: 253A
Zoning: Commercial (C) District
Request: Flexible Development application to permit 3,010 square-feet of
Automobile Service Station in the Commercial (C) district as a Comprehensive
Infill Redevelopment Project with a front setback (south) of 15 feet (to
pavement), a front (southeast) setback of 14.57 feet (to pavement), a front (east)
setback of 10.44 feet (to pavement) a side (west) setback of 4.69 (to pavement)
a side (north) setback of 11.45 feet (to building), a reduction to the required
parking from 15 to 12 parking spaces under the provisions of the Community
Development Code (CDC) Section 2-704.E., as well as reductions to the interior
island landscape area to 731 (3.5%) where 2,087 square-feet (10 %) is
required, the reduction of the foundation landscaping to zero feet where 5 feet is
required as a Comprehensive Landscape Program under the provisions of CDC
Section 3-1202.G.
Proposed Use: Automobile Service Station
Neighborhood Association(s): Clearwater Neighborhoods Coalition and Valencia
Park/ Cedar Groves HOA
Presenter: Ellen Crandall, Land Resource Specialist
See Exhibits: Staff Report FLD2012-11026 2013-03-19
Memorandum FLD2012-11026 2013-03-19
Member Dame moved to approve Case FLD2012-11026 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,
with conditions of approval as listed in the Staff Report and amended by Memorandum
i.e. Condition of Approval #1 to read: “That prior to the issuance of any building permits,
the fence for the lift station be revised to utilize colored PVC paneling complementary to
the dumpster enclosure and building façade.” The motion was duly seconded and
carried unanimously.
G. CONTINUED ITEMS (Items 1): (Continued from September 18, 2012)
1. Case: FLD2012-06014 - 407 South Arcturas Avenue Level Two Application
Owner/Applicant: Arcturas 407, LLC
Agent: Anthony Saravanos, The Boardwalk Company (31640 US 19 N, Suite 1,
Palm Harbor, FL 34684; phone: 727-784-1007 x206; email:
asaravanos@boardwalkcompany.com)
Location: 0.39 acre located on the east side of South Arcturas Avenue
Community Development 3/19/2013 2
approximately 260 feet north of Gulf-to-Bay Boulevard
Atlas Page: 289A
Existing Zoning: Commercial (C) District
Request: Flexible Development application to permit a Retail Sales and Service
use (child daycare) of 5,200 square-feet in the Commercial (C) District with a lot
area of 16,988 square-feet; a lot width of 100 feet; with 21 parking spaces; a
front (west) setback of zero feet (to existing pavement); a side (north) setback of
two feet (to existing pavement) and eight feet (to existing building); a side (south)
setback of zero feet (to existing pavement) and two feet (to an existing concrete
pad); and four parking spaces located within required sight visibility triangles as
a Comprehensive Infill Redevelopment Project under the provisions of
Community Development Code Section 2-704.0 and reduce the required front
(west) landscape buffer from 10 feet to zero feet adjacent to existing parking;
reduce the required side (north) landscape buffer from 10 feet to zero feet
adjacent to existing parking and two feet to an existing walkway; reduce the
required side (south) landscape buffer from five feet to zero feet to existing
parking and two feet to an existing concrete pad; reduce the required foundation
landscape area from five feet to zero feet; and reduce the required interior
landscaped area from 10 percent of the vehicular use area (404 square-feet) to
zero percent (zero square-feet) as a Comprehensive Landscape Program under
the provisions of 3-1202.G.
Proposed Use: Retail sales and service (child daycare)
Neighborhood Associations: Clearwater Neighborhoods Coalition and Skycrest
Neighborhood Association
Presenter: Mark T. Parry, AICP, Planner III
See Exhibit: Memorandum FLD2012-06014 2013-03-19
Development Review Manager Robert Tefft said this application was withdrawn; an
application for a different use of the subject property has been submitted.
Items Not on the Agenda:
Attorney for the Board Gina Grimes announced she will resign her position as the
board's attorney effective May 1, 2013, due to possible future conflicts of interest
associated with attorneys who have joined her firm.
H. ADJOURNMENT
The meeting as. rued at 1:20 p.m.
Attest dit Co i 3 unity Development Board
zeff 41
Board Reporter
Community Development 3/19/2013 3
-Not a Survey--Not to Scale-WEST CT WEST CT SUNSET GROVE LN SUNSET GROVE LN BARRINGTON DR NBARRINGTON DR N
EXHIBIT: STAFF REPORT FLD2012-11026 2013-03-19
COMMUNITY DEVELOPMENT BOARD
PLANNING AND DEVELOPMENT DEPARTMENT
STAFF REPORT
MEETING DATE:
March 19, 2013
AGENDA ITEM:
G.1.
CASE:
FLD2012-11026
REQUEST: Flexible Development approval to permit a 3,010 square foot Automobile Service
Station use in the Commercial (C) District with lot area of 34,155 square feet, lot widths
of 150 feet (Sunset Point Road) and 160 feet (Hercules Avenue), front (south) setbacks
of 25 feet (to canopy) and 15 feet (to pavement), a front (southeast) setback of 14.57
feet (to pavement), front (east) setbacks of 64.73 feet (to building) and 10.44 feet (to
pavement), side (west) setbacks of 44.18 feet (to building) and 4.69 (to pavement), side
(north) setbacks of 11.45 feet (to building) and 18 feet (to pavement), a building height
of 21.25 feet, and 12 off-street parking spaces as a Comprehensive Infill Redevelopment
Project pursuant to Community Development Code Section 2-704.E., as well as
reductions to the interior landscape island area to 731 square feet (3.5%) where 2,087
square feet (10%) is required, and a reduction of the foundation landscaping to zero feet
where five feet is required as a Comprehensive Landscape Program pursuant to
Community Development Code Section 3-1202.G.
GENERAL DATA:
Agent……………………… Elizabeth Abernethy; Stantec Consulting
Applicant / Owner……....... S & I Ventures LLC.
Location………….............. 1990 Sunset Point Road; the northwest corner of Sunset Point Rd. and N. Hercules Ave.
Property Size…................. 0.78 Acres
Future Land Use Plan...... Commercial General (CG)
Zoning…………………….. Commercial (C) District
Special Area Plan..............N/A
Adjacent Zoning.... North: Commercial (C) District
South: Commercial (C) District
East: Commercial (C) District
West: Commercial (C) District
Existing Land Use............. Automobile Service Station (abandoned)
Proposed Land Use………3,010 square feet)
Automobile Service Station (
N HERCULES AVE N HERCULES AVE
SUNSET POINT RD
SUNSET POINT RD
HARTF 240 70164 1413127250
PLANNING & DEVELOPMENT
Level II Flexible Development Application Review
DEVELOPMENT REVIEW DIVISION
LOS LOMAS DRLOMA LINDA WAYSAN MARINO WAYSAN SEBASTIAN WAYSANTIAGO WAY
ANALYSIS:
BUFORD
-Not a Survey-
KAMENSKY-Not to Scale-
MADRID
DEL BETMAR
TODD
Site Location and Existing Conditions:
DR
GAYLE
The 0.78-acre subject property is located at the
Utopian Dr W
MONTCLAIR
RD
northwest corner of Sunset Point Road and N.
RADCLIFFE
DR
SETONN
LANSING
Sun Tree Blvd
BECK
HERCULES
Radcliffe
Sun Tree
Clarendon
Hercules Avenue. The subject property is
DR
Trent
Chatham
Cir
Oak
ON
DR
comprised of one parcel with approximately 150
DR
SUN TREE
Bark
GT
HASTINGS
PROJECT
RIN
SITE
feet of frontage along Sunset Point Road and
fax
BAR
Hali
Peppermill
approximately 160 feet of frontage along N.
^
Ct
HASTINGS
LN
Hercules Avenue. The subject property is zoned
SUNSET POINT RD
Commercial (C) District. The intersection of
Sunset Grove Ln
Sunset Point and N. Hercules Avenue is
characterized by commercial uses. The subject site
is in the center of the Commercial district at this
LN
intersection. The C District
SUNNYDALE
BLVD
LOCATION MAP
extends to the north, south, east, and west,
1961
however, beyond the initial adjacent properties the
1962
BARRINGTON DR N
-Not a Survey-
-Not to Scale-
1967
LMDR
zoning is Office (O) to the north, Open Space
1955
19591963
1967
19711979
19751983
19871991
/Recreation (OS/R) to the east, Institutional (I) to
1965
OS/R
19461948
1948
1950
1944
N HERCULES AVE
the west and further to the west is Low Medium
O
1942
1940
LMDR
1941
Density Residential (LMDR). To the south, the
1938
1949
land is zoned Industrial Research and Technology
I
1934
1950
(IRT) and to the southeast is Medium Density
1909
Residential (MDR). The subject property is
1951
2048WELL
2046 SVC
1984
1980
1990
currently developed with 1,467 square foot of
1903
SUNSET POINT RD
Automobile Service Station use that was annexed
1969
1971
C
2001Traf
into the City in 2012. The building is currently
200220042006200820102012201420162022
20182020
2030
20242026202820322034203620382040
SUNSET GROVE LN
vacant.
MDR
2001
2005
20032007
2025
200920112013201520172019202120232031
2027
20292033
2035
20372039
WEST CT
1890
IRT
ZONING MAP
Development Proposal:
1881 B8
18862055 B40
1881 B6
1881 B9
2055 B39
The development proposal is to demolish the
9596 1961
100
7473
1962
60
60
60
BARRINGTON DR N
existing structure and build a new 3,010 square
-Not to Scale--Not a Survey-
1967
60
13/01
1955
19591963
1967
19711979
19751983
19871991
foot Automobile Service Station. The Automobile 16.86
A
C
108
107106
105
104
103102
109101
110
1965
Service Station definition includes facilities for
1948
1946 N HERCULES AVE
1948
117
1950
1944
Nursing
1942
38236
lubricating, minor repairs or vehicle service,
1940
1941
Home
1938
however no repair or service is proposed. A total of
1949
24/01
118
A
4.4
C
Restaurant
88046
1934
six gas pumps are proposed, as well as twelve
1950
125
1
1
Retail
parking spaces and landscaping improvements. 1909
Sales and
2
13/02
24/02 2048WELL
19512046 SVC
Automobile
Service
1984
126 1980
1990 100
1903
The development proposal’s compliance with the
Service
SUNSET POINT RD
55.857.557.5
50
57.5
51.6
Retail Sales
50
5960(S)
various development standards of the Community
StationS
50
Attached Dwellings
1969
1971
2001Traf
and Service
120
2002201020142016
20042006200820122022
201820202030
20262028203220342036
202420382040
Development Code (CDC) is discussed below.
61626364
2 656667
686970
7172737475
7677787980
1
110
60
59585756
55545352
515049
4847
4645444342
41
2001
200320052007
2025
200920112015201920212031
2013201720232027
1 20292033
2035
20372039
110
WEST CT
Floor Area Ratio (F.A.R.): Pursuant to Section 2-1890
3
1008
7
110
EXISTING SURROUNDING USES MAP
2
1881 B8
100
701.1,CDC, and the Countywide Plan Rules the
1886
2055 B40
1881 B6
1881 B9
70164
2055 B39
1
maximum allowable F.A.R. within the CG Future Land Use Plan Category is 0.55; therefore the
Community Development Board – March 19, 2013
FLD2012-11026 – Page 1
PLANNING & DEVELOPMENT
Level II Flexible Development Application Review
DEVELOPMENT REVIEW DIVISION
0.78 acre subject property is permitted a maximum of 18,791 square feet of gross floor area. The
development proposal is for only 3,010 square feet (0.088 FAR); thus the proposal is in
compliance with the above requirement.
Impervious Surface Ratio (ISR): Pursuant to CDC Section 2-701.1, and the Countywide Plan
Rules the maximum allowable ISR is 0.90. The proposal is to maintain the existing impervious
surface ratio of 0.77, which is consistent with the Code.
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, pursuant to CDC Table 2-703, Flexible Standard Development Standards, the
minimum lot area for Automobile Service Station is 10,000 square feet. The lot area is 34,155
square feet. Pursuant to the same Table, the minimum lot width for Automobile Service Station
is 100 feet. The lot width along Sunset Point Road is 150 feet and the frontage along N. Hercules
Avenue is 160 feet. The proposal meets or exceeds these Code provisions.
Minimum Setbacks: Pursuant to CDC Table 2-704, there are no minimum required setbacks for a
Comprehensive Infill Redevelopment Project. However, for a point of comparison, pursuant to
CDC Table 2-703, Flexible Standard Development Standards, the minimum front setback for
Automobile Service Station uses is 25 feet (to building) and the minimum side setback is 10 feet
(to building). Parking lots may be located at the otherwise required landscape buffer width
irrespective of setback requirements. The required setbacks for the subject site with regard to
parking are 15 feet (south, southeast, and east) and five feet (north and west). Parking is not
proposed along the north property line.
The proposed building would have a front (south) setback of 25 feet (to canopy) and 15 feet (to
pavement), a front (southeast) setback of 14.57 feet (to pavement), front (east) setbacks of 64.73
feet (to building) and 10.44 feet (to pavement), side (west) setbacks of 44.18 feet (to building)
and 4.69 (to pavement), side (north) setbacks of 11.45 feet (to building) and 18 feet (to
pavement). The existing setbacks do not meet the minimum standard development requirements
of Code; however the proposed setbacks are requested through a Comprehensive Infill
Redevelopment and meet the code to the maximum extent practicable and are supportable.
Maximum Building Height: Pursuant to CDC Table 2-704, the maximum building height within
the C District is 25 feet. The proposed building measures 21.25 feet (to top of flat roof) which is
in compliance with the above requirement.
Minimum Off-Street Parking: Pursuant to the CDC Table 2-704, the required parking for
Automobile Service Station use within the C District is five parking spaces per thousand square
feet of gross floor area. The development proposal provides for 12 off-street parking spaces,
which equates to 3.9/1,000 GFA. The applicant has submitted a Parking Demand Study that
analyzed the parking demand for similar stores on similar roadways and the justification has
been determined to be satisfactory.
Solid Waste Containers and Mechanical Equipment: Pursuant to CDC Section 3-201.D.1, all
solid waste containers, recycling or trash handling areas and outside mechanical equipment shall
Community Development Board – March 19, 2013
FLD2012-11026 – Page 2
PLANNING & DEVELOPMENT
Level II Flexible Development Application Review
DEVELOPMENT REVIEW DIVISION
be completely screened from view from public streets and abutting properties by a fence, gate,
wall, mounds of earth, or vegetation. The proposed dumpster will be located within an enclosure
that is located behind the primary building. The enclosure will be constructed of like materials
and finishes to that of the building including stucco and stone. A lift station is proposed on the
north side of the building and is proposed to be screened with a black vinyl chain link fence.
Chain link is not sufficient to screen a lift station and a condition of approval has been added that
the fence material be revised to be consistent with the dumpster enclosure and building façade.
Sight Visibility Triangles: Pursuant to CDC Section 3-904.A, to minimize hazards at the
proposed driveways on Sunset Point Road and N. Hercules Avenue, 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 meets this requirement.
Landscaping: Pursuant to CDC Section 3-1202.D, the required perimeter buffers are 15 feet in
width along the fronts (south, southeast, and east) and five feet in width along the sides (north
and west). The proposal includes the maximum practicable landscaping buffers and includes a 15
foot landscape buffer along Sunset Point Road, a 14.57 wide landscape buffer at the southeast
corner and a 10.44 foot wide buffer along N. Hercules Avenue. These buffers will have shade
trees, accent trees, and palms. These front buffers will also have a continuous hedge, shrubs, and
ground cover. The side (west) buffer will have shade tolerant accent trees. This side buffer is too
narrow for shade trees and there are existing shade trees on the adjacent property with large
established canopies that extend onto the subject site. Additional shade trees in the buffer would
be inappropriate for tree development. The side (north) buffer will have a continuous hedge,
ground cover and accent trees. This buffer is also too narrow for shade trees and there are also
existing shade trees on the adjacent property with established canopies. At the northwest corner a
stormwater pond is proposed. This is pond is behind the building and is not in the five foot
landscape buffers, however it is proposed to have landscaping on the top of bank. Ground cover
and a shade tree are proposed in the storm water area. This additional landscaping around the
pond is not required.
The interior landscaping required is ten percent of the total vehicular use area which would
require 2,087 square feet of interior landscaping. A total of 731 square feet of interior
landscaping is provided. The site cannot increase the interior landscaping without further
reducing the parking. The required five foot foundation landscaping is not being provided on the
south and east facades facing the adjacent right-of-way. The site is proposing the maximum
practical landscaping improvements and is focusing landscaping improvements in those area that
are most visible; the front buffers. In addition, the proposal will provide native tree and shrub
species as encouraged in the CDC. The provided trees will also be a larger caliper than required
by code. While smaller trees establish faster the larger trees are proposed to increase aesthetic
appeal. No turf is proposed in the buffers or interior landscape area and this will reduce the water
demand for irrigation. The proposed landscaping will be a significant improvement, is the
maximum practicable, and is supportable.
Utilities: Pursuant to CDC Section 3-912, all utilities, including individual distribution lines,
shall be installed underground unless such undergrounding is not practicable. It is attached as a
condition of approval that prior to the issuance of certificate of occupancy all on-site utility
Community Development Board – March 19, 2013
FLD2012-11026 – Page 3
PLANNING & DEVELOPMENT
Level II Flexible Development Application Review
DEVELOPMENT REVIEW DIVISION
facilities, whether they be existing or proposed, are to be placed underground as part of the
redevelopment of the site.
Signage: The proposal does not include any signage at this time. Any signage, if and/or when
proposed, must meet Code requirements.
Comprehensive Plan: The proposal is supported by various Goals, Objectives and/or Policies of
the City’s Comprehensive Plan as follows:
Future Land Use Plan Element
Policy A.3.2 Objective – All development or redevelopment initiatives within the City of
Clearwater shall meet the minimum landscaping / tree protection standards of the Community
Development Code in order to promote the preservation of existing tree canopies, the expansion
of that canopy, and the overall quality of development within the City.
The proposal includes a Comprehensive Landscape Program due to the reduction of a buffers,
interior landscaping, and foundation landscaping. However the proposal includes a majority of
compliant buffer widths, additional shade trees, accent trees, palms, hedges, shrubs, and ground
cover and meets the spirit of this objective to the maximum extent practicable.
Objective A.6.4 – Due to the built-out character of the city of Clearwater, compact urban
development within the urban service area shall be promoted through application of the
Clearwater Community Development Code.
The proposal addresses this Objective through the use of the Comprehensive Infill
Redevelopment Project as part of a Flexible Development application for the reuse of an existing
building and site which, without the requested deviations from Code would have its potential use
severely limited.
Community Development Code: The proposal is supported by the general purpose, intent and
basic planning objectives of this Code as follows:
Section 1-103.B.1. Allowing property owners to enhance the value of their property through
innovative and creative redevelopment.
The property owners will make improvements to the site including new building structure with
improved façade treatments and landscaping enhancements. The existing building and site were
previously used for an automobile service station. The proposal will re-establish that use within
a new building and improved site.
Section 1-103.B.2. Ensuring that development and redevelopment will not have a negative
impact on the value of surrounding properties and wherever practicable promoting development
and redevelopment which will enhance the value of surrounding properties.
Surrounding properties to the south, east and west have been developed with a variety of non-
residential uses including retail sales and services, fast-food restaurant, and automobile service
station. These properties have been similarly developed with regard to setbacks (to pavement)
and landscaping as the subject property.
Section 1-103.B.3. Strengthening the city's economy and increasing its tax base as a whole.
Community Development Board – March 19, 2013
FLD2012-11026 – Page 4
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The existing building is vacant. The proposal will re-establish a use for which the site was used,
while bringing a needed service to the neighborhood and the City of Clearwater as a whole.
Section 1-103.E.3. Protect and conserve the value of land throughout the city and the value of
buildings and improvements upon the land, and minimize the conflicts among the uses of land
and buildings
The proposed use is not anticipated to have any conflict with the surrounding uses of land. The
building was previously used for an automobile service station. The proposal will re-establish
that use within a new building and improved site.
General purpose and Intent of the Commercial Zoning District (Section 2-701): The intent and
purpose of the Commercial District is to provide the citizens of the City of Clearwater with
convenient access to goods and services throughout the city without adversely impacting the
integrity of residential neighborhoods, diminishing the scenic quality of the city or negatively
impacting the safe and efficient movement of people and things within the City of Clearwater.
The proposal will provide a needed use conveniently located at an intersection. The surrounding
uses are Commercial and the use will not negatively affect residential properties as they are not
adjacent to the site. The proposal includes re-utilizing the site as an automobile service station
with a new and improved building and improved site landscaping to the maximum extent
practicable.
Code Enforcement Analysis:
There are no active Code Compliance 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 Tables 2-701.1 and 2-704:
Standard Proposed Consistent Inconsistent
FAR 0.55 0.88 X
Impervious Surface Ratio 0.90 0.77 X
Minimum Lot Area N/A 34,155 square feet (0.78 acres) X
Minimum Lot Width N/A 150 feet (Sunset Point Road) X
160 feet (N. Hercules Avenue)
Minimum Setbacks Front: N/A East: 64.73 feet (to building) X
10.44 feet (to pavement)
South: 25 feet (to canopy) X
15 (to pavement)
Side: N/A North: 11.45 feet (to building) X
10 feet (to sidewalk)
West: 44.18 feet (to building) X
4.69 feet (to pavement)
Maximum Height N/A 21.25 feet X
Minimum N/A 12 parking spaces X
Off-Street Parking (3.9 spaces per 1,000 sf GFA)
Community Development Board – March 19, 2013
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PLANNING & DEVELOPMENT
Level II Flexible Development Application Review
DEVELOPMENT REVIEW DIVISION
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.
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PLANNING & DEVELOPMENT
Level II Flexible Development Application Review
DEVELOPMENT REVIEW DIVISION
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.
COMPLIANCE WITH COMPREHENSIVE LANDSCAPE PROGRAMS:
The following table depicts the consistency of the development proposal with the General
Standards for Level Two Approvals as per CDC Section 3-1202.G:
Consistent Inconsistent
1. Architectural theme.
a) The landscaping in a comprehensive landscape program shall be designed as a X
part of the architectural theme of the principal buildings proposed or developed
on the parcel proposed for development; or
b) The design, character, location and/or materials of the landscape treatment N/A N/A
proposed in the comprehensive landscape program shall be demonstrably more
attractive than landscaping otherwise permitted on the parcel proposed for
development under the minimum landscape standards.
2. Lighting. Any lighting proposed as a part of a comprehensive landscape program is X
automatically controlled so that the lighting is turned off when the business is
closed.
3. Community character. The landscape treatment proposed in the comprehensive X
landscape program will enhance the community character of the City of Clearwater.
4. Property values. The landscape treatment proposed in the comprehensive landscape X
program will have a beneficial impact on the value of property in the immediate
vicinity of the parcel proposed for development.
5. Special area or scenic corridor plan. The landscape treatment proposed in the X
comprehensive landscape program is consistent with any special area or scenic
corridor plan which the City of Clearwater has prepared and adopted for the area in
which the parcel proposed for development is located.
SUMMARY AND RECOMMENDATION:
The Development Review Committee (DRC) reviewed the application and supporting materials
at its meeting of February 7, 2013, 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 and conclusions of law:
Community Development Board – March 19, 2013
FLD2012-11026 – Page 7
PLANNING & DEVELOPMENT
Level II Flexible Development Application Review
DEVELOPMENT REVIEW DIVISION
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 0.78-acre subject property is located at the northwest corner of Sunset Point Road
and N. Hercules Avenue;
2.That the subject property is located within the Commercial (C) District and the Commercial
General (CG) Future Land Use Plan category;
3.That the property was recently annexed into the City in 2012;
4.That the existing improvements on the site will be demolished;
5.That the proposal includes the development of 3,010 square feet of floor area for an
Automobile Service Station with twelve parking spaces;
6.That the proposal includes a building height of 21.25 feet to top of flat roof;
7.That the proposal for the automobile service station use does not include facilities for
lubricating, minor repairs or vehicle service;
8.That the proposal includes a
front (south) setbacks of 25 feet (to canopy) and 15 feet (to pavement),
a front (southeast) setback of 14.57 feet (to pavement), front (east) setbacks of 64.73 feet (to building)
and 10.44 feet (to pavement), side (west) setbacks of 44.18 feet (to building) and 4.69 (to pavement),
side (north) setbacks of 11.45 feet (to building) and 18 feet (to pavement);
9.That the proposal includes front landscape buffer widths of 15 feet along Sunset Point Road
and 10.44 feet along N. Hercules Avenue;
10.The proposal includes the reduction of the required ten percent (2,087 square feet) interior
landscaped area as based on the vehicular use area to 3.5 percent (731 square feet);
11.That the proposal includes the elimination of the requirement to provide a five-foot wide
foundation planting along south and east façades of the building;
12.That the proposal includes large windows, and finish treatments such as stucco, scored
stucco, cornices, stone, and a metal canopy; and
13.That there is no active Code Enforcement case 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 Tables 2-701.1 and 2-
704 of the Community Development Code;
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.That the development proposal is consistent with the Comprehensive Landscape Program
standards as per Section 3-1202.G.
Community Development Board – March 19, 2013
FLD2012-11026 – Page 8
PLANNING & DEVELOPMENT
Level II Flexible Development Application Review
DEVELOPMENT REVIEW DIVISION
APPROVAL
Based upon the above, the Planning and Development Department recommends of
the Flexible Development approval to permit a 3,010 square foot Automobile Service Station use
in the Commercial (C) District with lot area of 34,155 square feet, lot widths of 150 feet (Sunset
Point Road) and 160 feet (Hercules Avenue), front (south) setbacks of 25 feet (to canopy) and 15
feet (to pavement), a front (southeast) setback of 14.57 feet (to pavement), front (east) setbacks
of 64.73 feet (to building) and 10.44 feet (to pavement), side (west) setbacks of 44.18 feet (to
building) and 4.69 (to pavement), side (north) setbacks of 11.45 feet (to building) and 18 feet (to
pavement), a building height of 21.25 feet, and 12 off-street parking spaces as a Comprehensive
Infill Redevelopment Project pursuant to Community Development Code Section 2-704.E., as
well as reductions to the interior landscape island area to 731 square feet (3.5%) where 2,087
square feet (10 %) is required, and a reduction of the foundation landscaping to zero feet where
five feet is required as a Comprehensive Landscape Program pursuant to Community
Development Code Section 3-1202.G., subject to the following conditions:
Conditions of Approval:
1.That prior to the issuance of any building permits, the fence for the lift station be revised to
be consistent with the dumpster enclosure and building façade;
2.That prior to the issuance of certificate of occupancy all on-site utility facilities, whether they
be existing or proposed, are to be placed underground as part of the redevelopment of the
site;
3.That any/all future signage must meet the requirements of Code and be architecturally
integrated with the design of the building with regard to proportion, color, material and finish
as part of a final sign package submitted to and approved by Staff prior to the issuance of any
permits which includes:
(a)All signs fully dimensioned and coordinated in terms of including the same color and
font style and size; and
(b)All signs be constructed of the highest quality materials which are coordinated with the
colors, materials and architectural style of the building; and
4.That the fit, finish and materials of proposed improvements to the site and/or building be
consistent with those approved by Community Development Board;
5.That prior to the issuance of a Certificate of Occupancy, all proposed site improvements
including but not limited to installation of landscaping and fencing be installed to the
satisfaction of City Staff; and
6.That prior to the issuance of any building permits, the Fire Department may require the
provision of a Water Study performed by a Fire Protection Engineer in order to ensure that an
adequate water supply is available and to determine if any upgrades are required by the
developer due to the impact of the project. The water supply must be able to support the
needs of any required fire sprinkler, standpipe and/or fire pump. If a fire pump is required,
then the water supply must be able to supply 150 percent of its rated capacity.
Prepared by Planning and Development Department Staff: ______________________________
Ellen Crandall, Land Resource Specialist
ATTACHMENTS: Photographs
Community Development Board – March 19, 2013
FLD2012-11026 – Page 9
EXHIBIT: Memorandum FLD 2012-11026 2013-03-19
MEMORANDUM
TO:
Community Development Board
FROM:
Ellen Crandall, Land Resource Specialist
RE:
Revision to Condition of Approval #1 for FLD2012-11026
DATE:
March 18, 2013
At the proposal of the applicant and with the approval of Planning and Development Staff
Condition of Approval #1 for FLD2012-11026 has been revised to:
1.That prior to the issuance of any building permits, the fence for the lift station be
revised to utilize colored PVC paneling complementary to the dumpster enclosure and
building façade;
EXHIBIT: MEMORANDUM FLD2012-06014 2013-03-19
MEMORANDUM
TO:
Community Development Board
FROM:
Mark T. Parry, Planner III
RE:
Withdrawal of application FLD2012-06014
DATE:
March 19, 2013
Staff has determined that the application is withdrawn due to inaction on the part of the applicant.
Staff has attempted to contact the applicant without response. No further action is required.
jçater
Interdepartmental Correspondence Sheet
TO: Community Development Board Members
FROM: Robert Tefft,Development Review Manager
COPIES: Leslie Dougall-Sides, Assistant City Attorney; Susan Chase, Documents and Records
Specialist,/Pat Sullivan,Board Reporter
SUBJECT: Agenda Items for March 19,2013
DATE: March 14,2013
CDB packets being distributed contain the following
Site investigation form
Unapproved minutes of previous meeting February 19 2013
Agenda
Continued Items (Items 1)
1. Case: FLD2012-06014 407 South Arcturas Avenue Planner: Mark Parry
Yes No
Level Two Applications (Items 11
1. Case: FLD20 -11026 1990 Sunset Point Road Planner: Ella Crandall
Yes No
I have conducted a iersonal inve tiiation on the personal site visit to the follow• Q properties.
Signature: lot O A'L Date: / /
PRINT NAME
S:IPlanning DepartmentAC D BlAgendas DRC&CDBICDB!2013103 March 19,201311 Cover MEMO 2013.doc
Ckarwater
U
Interdepartmental Correspondence Sheet
TO: Community Development Board Members
FROM: Robert Tefft, Development Review Manager
COPIES: Leslie Dougall-Sides, Assistant City Attorney; Susan Chase, Documents and Records
Specialist,/Pat Sullivan,Board Reporter
SUBJECT: Agenda Items for March 19,2013
DATE: March 14,2013
CDB packets being distributed contain the following
Site investigation form
Unapproved minutes of previous meeting February 19 2013
Agenda
Continued Items (Items 1)
1. Case: FLD2012-06014 407 South Arcturas Avenue Planner: Mark Parry
Yes No
Level Two Applications (Items 1)
1. Case: FLD2012-11026 1990 Sunset Point Road Planner: Ella Crandall
Yes A_ No
I have conducted a personal investigation on the personal site visit to the following properties.
Signature: A Date: 3/4
! i3
PRINT NAME
S:\Planning Department'C D B\Agendas DRC&CDBICDB12013\03 March 19,2013d Cover MEMO 2013.doc
LL
k
U
Interdzpartmental Correspondence Sheet
TO: Community Development Board Members
FROM: Robert Tefft, Development Review Manager
COPIES: Leslie Dougall-Sides, Assistant City Attorney; Susan Chase, Documents and Records
Specialist,/Pat Sullivan, Board Reporter
SUBJECT: Agenda Items for March 19,2013
DATE: March 14,2013
CDB packets being distributed contain the following
Site investigation form
Unapproved minutes of previous meeting February 19 2013
Agenda
Continued Items (Items 1)
1. Case: FLD2012-06014 407 South Arcturas Avenue Planner: Mark Parry
Yes No
Level Two Applications (Items 1)
1. Case: FLD2012-11026 1990 Sunset Point Road Planner: Ella Crandall
Yes No
I have conducted a •' _ al investi!ation on the •er •nal site visit to the ollowi ! •ro•erties.
Signature: Date:
r an .Far► ye r
PRINT AME
S:'Planning Department■C D Bilgendas DRC&CDBlCDB12013103 March 19,201311 Cover MEMO 2013.doc
c), Clearwater
Interdepartmental Correspondence Sheet
TO: Community Development Board Members
FROM: Robert Tefft, Development Review Manager
COPIES: Leslie Dougall-Sides, Assistant City Attorney; Susan Chase, Documents and Records
Specialist,/Pat Sullivan, Board Reporter
SUBJECT: Agenda Items for March 19,2013
DATE: March 14,2013
CDB packets being distributed contain the following
Site investigation form
Unapproved minutes of previous meeting February 19 2013
Agenda
Continued Items (Items 1)
1. Case: FLD2012-06014 407 South Arcturas Avenue Planner: Mark Parry
Yes No
Level Two Applications (Items 1)
1. Case: FLD2012-11026 1990 Sunset Point Road Planner: Ella Crandall
Yes No
I have conducted pers al investigation on the personal site visit to the following properties.
Signature: Date: 3 /t�J Ij 3
0Ald c,7�'�
PRINT NAME
S:(Planning Department\C D BlAgendas CRC&CDBICDBI2013103 March 19,2013 1 Cover MEMO 2013.doc