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FLD2013-02005REQUEST: Flexible Development application to permit a 5,200 square foot Indoor Recreation/Entertainment use (martial arts studio) in the Commercial (C) District with a lot area of 16,988 square feet; a lot width of 100 feet; front (west) setbacks of zero feet (to existing pavement) and 38.18 feet (to building); side (north) setbacks of two feet (to existing pavement) and eight feet (to existing building); side (south) setbacks of zero feet (to existing pavement), two feet (to an existing concrete pad), and 26.60 feet (to building); rear (east) setbacks of 24 feet (to concrete pad) and 48 feet (to building); a building height of 12 feet; and 21 off - street parking spaces as a Comprehensive Infill Redevelopment Project under the provisions of Community Development Code Section 2- 704.C; and a reductions of the front (west) landscape buffer from 10 feet to zero feet the side (north) landscape buffer from 10 feet to zero feet (adjacent to existing parking) and two feet (adjacent to an existing walkway); side (south) landscape buffer from five feet to zero feet (adjacent to existing parking) and two feet (adjacent to an existing concrete pad); a reduction of the required foundation landscape area from five feet to zero feet; and a reduction of the interior landscaped island 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. GENERAL DATA: Agent ........................... Arcturas 407, LLC Applicant / Owner .............. Spencer & Associates Architecture (Steve Spencer) Location ........................... 407 S. Arcturas Avenue; the 0.39 acre site is located on the east side of S. Arcturas Avenue, approximately 260 feet north of Gulf to Bay Boulevard Property Size .................... 0.39 Acres Future Land Use Plan...... Commercial General (CG) Zoning .......................... Commercial (C) District Special Area Plan .............. N/A Adjacent Zoning... North: High Density Residential (HDR) District South: Commercial (C) District East. Commercial (C) District West: Commercial (C) District Existing Land Use ............. Office Use (vacant building) Proposed Land Use......... Indoor Recreation/Entertainment Level II Flexible Development A Application Review PLANNING DEVELOPMENT DIVISION pp DEVELOPMENT REVIE�TJ DIVISION ANALYSIS: Site Location and Existing Conditions: The 0.39 acre site is located on the east side of South Arcturas Avenue approximately 260 feet north of Gulf to Bay Boulevard. The subject property is comprised of one parcel with approximately 100 feet of frontage along South Arcturas Avenue. The subject property is zoned Commercial (C) District. South Arcturas Avenue is characterized by commercial uses at the intersection South Arcturas Avenue and Gulf to Bay Boulevard. An office use is located across South Arcturas Avenue to the west of the subject site. The subject site represents the northern edge of the C District and non - residential uses along South Arcturas Avenue. North of the subject site are a mix of residential uses ranging from single - family dwellings to duplexes (adjacent to the north of the subject site) to an 18 -unit, two - story apartment building. The properties to the south, east and west are presently developed with a small strip /shopping center (retail sales and service /restaurant uses), fast -food restaurants and offices, respectively. The site is developed with a 5,200 square foot, single -story building constructed in 1975 (according to Pinellas County Property Appraiser's records). The most recent use of the building was a call center (office). The building has been vacant for approximately three years according to the property owner. The site is accessed via two driveways with the CLEVELAND O GT g o a� p p a PROJECT z aAwaow O C SITE LAI GULF -TO -BAY 6LVo a o OPINE ST UruN p�< s F—D D GD 0 n� =n _Calms D=-F Fl LOCATION MAP north driveway providing access to the five on -site parking spaces. The southern driveway leads directly to a small paved area approximately 815 square feet in area. This area is not a designated parking area. The site includes five parking spaces located on the west side of the property and 18 parking spaces located on the north edge of the property adjacent to the south. These 18 spaces are the subject of a recorded easement dated March 1, 1978 between Kindercare Centers, Inc (subject site) and Tom and Vivian Falone (site adjacent to the south). However, the two eastern spaces are currently occupied by a dumpster leaving 16 spaces available. Therefore, a total of 21 parking spaces are available to the subject property. Four of the parking spaces exist within the required sight visibility triangles. Community Development Board — May 21, 2013 FLD2013 -02005 — Page 1 • V4CANT north driveway providing access to the five on -site parking spaces. The southern driveway leads directly to a small paved area approximately 815 square feet in area. This area is not a designated parking area. The site includes five parking spaces located on the west side of the property and 18 parking spaces located on the north edge of the property adjacent to the south. These 18 spaces are the subject of a recorded easement dated March 1, 1978 between Kindercare Centers, Inc (subject site) and Tom and Vivian Falone (site adjacent to the south). However, the two eastern spaces are currently occupied by a dumpster leaving 16 spaces available. Therefore, a total of 21 parking spaces are available to the subject property. Four of the parking spaces exist within the required sight visibility triangles. Community Development Board — May 21, 2013 FLD2013 -02005 — Page 1 PLANNING DEVELOPMENT Level II Flexible Development A pp lication Review DEVELOP¢NTREVIEW DIVISION The primary access to the building is provided via a ramp system along the west facade of the building. Secondary access is provided via a doorway on the east facade. A concrete pad approximately 335 square feet in area is located along the south property line to the southeast of the building. A second concrete pad approximately 222 square feet in area is located along the east side of the building and is covered by a permanent roof structure. The site includes a wood picket fence three feet in height at the northwest corner of the site adjacent to the two handicap parking spaces. There is no fencing along the north property line adjacent to the building. A wood fence six feet in height continues at the northeast corner of the building extending along the north property line to the east. A chainlink fence is located along the east property line. Development Proposal: The proposal is to establish an indoor recreation and entertainment use (martial arts studio) within the existing building and utilize the site essentially as it exists and providing additional landscaping. No other uses are proposed. The owner of the property intends to leave the site essentially as it is with regard to setbacks, vehicular circulation, and parking. Recent improvements to the site and building include: • An updated facade including new paint and stone facade along the base of the building on the west and south facades; and • Foundation landscaping added to the south facade of the building and includes palm trees and shrubs. The location and configuration of all on -site parking spaces will remain the same. No new asphalt is proposed, however, the only change with regard to the parking area(s) will be new striping as necessary. Proposed additional improvements to the site include landscape improvements with the addition of four accent trees with shrubs planted along the east property line. The martial arts studio will operate Monday through Friday between the hours of 11:00 a.m. to 1:00 p.m. and 5:00 p.m to 8:30 p.m and it will have Saturday hours of 11:00 a.m. to 1:00 p.m. The studio will have four classes per day with a maximum of ten students per class. Floor Area Ratio (FAR): Pursuant to the Countywide Plan Rules and CDC Section 2- 701.1, the maximum FAR for properties with a Future Land Use Plan (FLUP) designation of Commercial General (CG) is 0.55. The proposal is to maintain the existing square footage of 5,200 square feet of floor area which yields an FAR of 0.3 1, consistent with the Code. Community Development Board — May 21, 2013 FLD2013 -02005 — Page 2 ,. s LMDR P P „P s e RAIRBOW OR JIM00 o s o o, 0 C G-TO -BAY BLVD � _ I LGIDR ZONING MAP in height continues at the northeast corner of the building extending along the north property line to the east. A chainlink fence is located along the east property line. Development Proposal: The proposal is to establish an indoor recreation and entertainment use (martial arts studio) within the existing building and utilize the site essentially as it exists and providing additional landscaping. No other uses are proposed. The owner of the property intends to leave the site essentially as it is with regard to setbacks, vehicular circulation, and parking. Recent improvements to the site and building include: • An updated facade including new paint and stone facade along the base of the building on the west and south facades; and • Foundation landscaping added to the south facade of the building and includes palm trees and shrubs. The location and configuration of all on -site parking spaces will remain the same. No new asphalt is proposed, however, the only change with regard to the parking area(s) will be new striping as necessary. Proposed additional improvements to the site include landscape improvements with the addition of four accent trees with shrubs planted along the east property line. The martial arts studio will operate Monday through Friday between the hours of 11:00 a.m. to 1:00 p.m. and 5:00 p.m to 8:30 p.m and it will have Saturday hours of 11:00 a.m. to 1:00 p.m. The studio will have four classes per day with a maximum of ten students per class. Floor Area Ratio (FAR): Pursuant to the Countywide Plan Rules and CDC Section 2- 701.1, the maximum FAR for properties with a Future Land Use Plan (FLUP) designation of Commercial General (CG) is 0.55. The proposal is to maintain the existing square footage of 5,200 square feet of floor area which yields an FAR of 0.3 1, consistent with the Code. Community Development Board — May 21, 2013 FLD2013 -02005 — Page 2 PLANNING DEVELOPMENT Level II Flexible Development A pp lication Review DEVELOP¢NTREVIEW DIVISION Impervious Surface Ratio QSR): Pursuant to the Countywide Plan Rules and CDC Section 2- 701.1, the maximum ISR for properties with a Future Land Use Plan (FLUP) designation of Commercial General (CG) is 0.90. The proposal is to maintain the existing impervious surface ratio of 0.62, 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 -702, Minimum Standard Development Standards, the minimum lot area for Indoor Recreation/Entertainment is 10,000 square feet. The lot area is 16,988 square feet. Pursuant to the same Table, the minimum lot width for Indoor Recreation/Entertainment is 100 feet. The lot width along South Arcturas Avenue is 100 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 -702 (Minimum Standard Development Standards), the minimum front setback for Indoor Recreation/Entertainment is 25 feet (to building), the minimum side setback is 10 feet (to building and the minimum rear setback is 20 feet. Parking lots may be located at the otherwise required buffer width irrespective of setback requirements. The required setbacks for the subject site with regard to parking are 15 feet (west), 10 feet (north) and five feet (south). Parking is not proposed along the east property line. The proposal includes a front (west) setback of zero feet (to existing parking), a side (north) setback of two feet (to existing parking and concrete sidewalk) and eight feet (to existing building) and a side (south) setback of zero feet (to existing parking) and two feet (to an existing concrete pad). The existing setbacks do not meet the minimum standard development requirements of Code. Maximum Building Heim Pursuant to CDC Table 2 -704, there is no maximum height for a Comprehensive Infill Redevelopment Project. However, for a point of comparison, pursuant to the aforementioned CDC Table 2 -702, the maximum allowable height for Indoor Recreation/Entertainment use is 25 feet. The existing building height of 12 feet to the top of the roof structure is below the Code maximum. Minimum Off - Street Parking: Pursuant to CDC Table 2 -704, there is no minimum off - street parking requirement for a Comprehensive Infill Redevelopment Project. However, for a point of comparison, pursuant to CDC Table 2 -702, the minimum required parking for indoor recreation/entertainment is five parking spaces per 1,000 square feet of gross floor area. This results in a requirement of 26 parking spaces for a 5,200 square foot martial arts studio. The proposal includes five parking spaces provided on the subject site (including two handicap spaces) and 16 available spaces on the adjacent site to the south per the aforementioned parking easement. A total of 21 parking spaces are available for use by the subject site. The applicant has stated that the martial arts studio will operate Monday through Friday between the hours of 11:00 a.m. to 1:00 p.m. and 5:00 p.m to 8:30 p.m and it will have Saturday hours of 11:00 a.m. to 1:00 p.m. The studio will have four classes per day except for Saturdays with a maximum of ten students per class. Although there is no drop -off zone, the applicant anticipates that most parents of students will drop -off and pick -up students. Based on such information staff believes that 21 parking spaces shall be adequate for the use. However, it shall be a condition of Community Development Board — May 21, 2013 FLD2013 -02005 — Page 3 PEP DEVELOPMENT Level II Flexible Development A pp lication Review DEVELOPMENT REVI EW DIVISION approval that a minimum of 21 parking spaces shall be maintained for the use at all times for the proposed martial arts studio. Mechanical Equipment: Pursuant to CDC Section 3- 201.D.1, all outside mechanical equipment must be screened so as not to be visible from public streets and /or abutting properties. Mechanical equipment is located on top of the flat roof at the rear of the building, one mechanical unit is located on the rear and one mechanical unit is located on the side of the building. The intent is that it will remain in place with this proposal. However, Code requires that all outside mechanical equipment shall be completely screened on four sides by a fence, gate, wall, mounds of earth, or vegetation from view from public streets and abutting properties. The site plan does not show the mechanical equipment will be screened from view of abutting properties. It shall be a condition of approval prior to the issuance of Certificate of Occupancy or Competition that a site plan and architectural elevation plan shall be submitted depicting all mechanical equipment to be completely screened on four sides by a fence, gate, wall, mounds of earth, or vegetation from view from public streets and abutting properties. Sight Visibility Triangles: Pursuant to CDC Section 3- 904.A, to minimize hazards at the existing driveways on South Arcturas 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 site includes four existing parking spaces located within two site visibility triangles. There are no opportunities to move the parking spaces out of the sight visibility triangles without reducing the total number of available parking spaces and the proposal includes maintain the existing parking spaces where they are. However, this proposal has been reviewed by the City's Traffic Engineering Division and been found to be acceptable. Landscaping_ Pursuant to CDC Section 3- 1202.1), perimeter buffers are required for this site with 10 feet along the front (west) and side (north) and five feet along the rear (east) and side (south). The site, as developed, does not meet the landscape buffer perimeter requirements along the front (west) and sides (north and south) or the required foundation landscape that shall be provided for 100 percent of a building facade with frontage along a street right -of -way within a minimum five -foot wide landscaped area composed of at least two accent trees (or palm equivalents) or three palms for every 40 linear feet of building facade and one shrub for every 20 square feet of required landscaped area and interior landscape which requires a minimum of ten percent of the vehicle use area to be dedicated to green space due to the locations of existing paving and /or building. Landscaping has recently been installed which includes seven palm trees with groundcovers along the south facade of the building; however no foundation plantings for 100 percent of the front (west) building facade has been provided as required by Code. Opportunities to provide landscaping along the west facade of building do not exist due to the existence of a handicap accessible entrance. The existing tree canopy (on the east side of the site) and overhead power lines (along the south side of the site) will not accommodate additional shade trees elsewhere on the site. However, the application does include the provision of four new crape myrtle accent trees along the east property line. Solid Waste: A shared dumpster is located at the northeast corner of the adjoining property to the south. The applicant has provided a written agreement between the owners of the subject site and the owners of the adjacent site to the south which formalizes this share dumpster arrangement. The proposal has been found to be acceptable by the City's Solid Waste Department. Community Development Board — May 21, 2013 FLD2013 -02005 — Page 4 Level II Flexible Development A Application Review PLANNING DEVELOPMENT DIVISION pp DEVELOPMENT REVIEW DIVISION Signage: The proposal does not include any signage; however, two signs, one freestanding sign and one attached sign, are currently advertising the proposed use without a sign permit. It shall be a condition of approval that all existing and any 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 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 because the location of the parking spaces, building location, existing tree canopy and overhead utility line preclude the installation the requisite canopy trees, buffer widths and foundation and interior landscaping. However, the application does include the provision of four accent trees along the east property line meeting 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 or have made improvements to the site including landscaping and facade enhancements. The building has been vacant for approximately three years. The proposal will establish an allowable use within an existing building. 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, offices and fast -food restaurants with attached dwellings located to the north. These properties have been similarly developed with regard to setbacks (to pavement) and landscaping as the subject property. The proposed use will act as an appropriate transition between the more intense commercial activities to the south and the residential uses to the north. Section 1- 103.B.3. Strengthening the city's economy and increasing its tax base as a whole. Community Development Board — May 21, 2013 FLD2013 -02005 — Page 5 PLANNING DEVELOPMENT Level II Flexible Development A pp lication Review DEVELOPENT REVIEW DIVISION The proposal will establish a use in a building that has been vacant for three years. 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 proposal will establish an allowable use that will not devalue the land as the use serves as an appropriate transition use between the more intense commercial activities to the south and the residential uses to the north. 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 establishment of an indoor recreation/entertainment use (martial arts studio) on the subject property will not 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. 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: I See analysis in StaffReport Community Development Board — May 21, 2013 FLD2013 -02005 — Page 6 Standard Proposed Consistent Inconsistent FAR 0.55 0.31 X Impervious Surface Ratio 0.90 0.62 X Minimum Lot Area N/A 16,988 square feet (0.39 acres) X Minimum Lot Width N/A 100 feet X Minimum Setbacks Front: N/A West: 40 feet (to building) XI Zero feet (to pavement) Side: N/A North: 8 feet (to building) XI 2 feet (to pavement) South: 26 feet (to building) XI Zero feet (to pavement) Rear: N/A East: 48 feet (to building) X Maximum Height N/A 12 feet X Minimum N/A 21 parking spaces XI Off - Street Parkin I See analysis in StaffReport Community Development Board — May 21, 2013 FLD2013 -02005 — Page 6 Level II Flexible Development Application Review PLANNING & DEVELOPMENT 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 -704.0 (Comprehensive Infill Redevelopment Project): Community Development Board — May 21, 2013 FLD2013 -02005 — Page 7 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 — May 21, 2013 FLD2013 -02005 — Page 7 PEP DEVELOPMENT Level II Flexible Development A pp lication 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: COMPLIANCE WITH COMPREHENSIVE LANDSCAPE PROGRAM: 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. 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. X 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. X 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 PROGRAM: 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: SUMMARY AND RECOMMENDATION: The Development Review Committee (DRC) reviewed the application and supporting materials at its meeting of April 4, 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 — May 21, 2013 FLD2013 -02005 — Page 8 Consistent Inconsistent 1. Architectural theme. a) The landscaping in a comprehensive landscape program shall be designed X as a 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 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 X program is automatically controlled so that the lighting is turned off when the business is closed. 3. Community character. The landscape treatment proposed in the X comprehensive landscape program will enhance the community character of the City of Clearwater. 4. Property values. The landscape treatment proposed in the comprehensive X landscape 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 April 4, 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 — May 21, 2013 FLD2013 -02005 — Page 8 PEP DEVELOPMENT marwalur Level II Flexible Development A pp lication Review DEVELOPMENT REVIEW DIVISION ��' .,. t-.: � ,'�L�,a2��sxYr;��%✓f'2ZZZU�rr s ✓r:'.,.r ✓..:::.. ,.,r,. .... 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 0.39 acre site is located on the east side of South Arcturas Avenue approximately 260 feet north of Gulf to Bay Boulevard; 2. That the subject property is located within the Commercial (C) District and the Commercial General (CG) Future Land Use Plan category; 3. The proposal is to locate a indoor recreation/entertainment use within an existing 5,200 square foot building; 4. The existing building height is 12 feet to the highest roof structure; 5. The proposal includes 21 parking spaces with five parking spaces located on the subject site and 16 parking spaces located on the adjacent property to the south which are made available through a recorded easement dated March 1, 1978; 6. The subject property is comprised of one parcel with approximately 100 feet of frontage along South Arcturas Avenue; 7. The proposal includes a front (west) setback of zero feet (to pavement), a side (south) setback of zero feet (to pavement), a side (north) setback of eight feet (to building) and two feet (to pavement); 8. The proposal includes a landscape buffer along the north side of zero feet (adjacent to existing parking) and two feet (to an existing sidewalk), along the south side of zero feet (adjacent to existing parking and two feet (to an existing concrete pad) and along the west side of zero feet (adjacent to existing parking); 9. The proposal includes the elimination of the requirement to provide a five -foot wide foundation planting along west facade of the building; 10. The proposal includes the elimination of the requirement to provide a minimum of 10 percent (404 square feet) interior landscaped area as based on the vehicular use area; 11. The proposal includes four parking spaces within the required sight visibility triangles at the northwest and southwest corners of the site; and 12. There are no active Code Compliance 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 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- 704.0 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. Based upon the above, the Planning and Development Department recommends APPROVAL of the Flexible Development application to permit a 5,200 square foot Indoor Recreation/Entertainment use (martial arts studio) in the Commercial (C) District with a lot area of 16,988 square feet; a lot width of 100 feet; front (west) setbacks of zero feet (to existing pavement) and 38.18 feet (to building); side (north) setbacks of two feet (to existing pavement) Community Development Board — May 21, 2013 FLD2013 -02005 — Page 9 ' �1��1 Yy�Ll-�Level II Flexible Develo ment A lication Review PLa�MC&oevELOrMENT _ .�,.��.;��„ , p pP DEVELOPMENT REVIEW DIVISION '°�'::-:.��?. . > .�:a,��...;� .. and eight feet (to existing building); side (south) setbacks of zero feet (to existing pavement), two feet (to an existing concrete pad), and 26.60 feet (to building); rear (east) setbacks of 24 feet (to concrete pad) and 48 feet (to building); a building height of 12 feet; and 21 off-street parking spaces as a Comprehensive Infill Redevelopment Project under the provisions of Community Development Code Section 2-704.C; and a reductions of the front (west) landscape buffer from 10 feet to zero feet the side (north) landscape buffer from 10 feet to zero feet (adjacent to existing parking) and two feet (adjacent to an existing walkway); side (south) landscape buffer from five feet to zero feet (adjacent to existing parking) and two feet (adjacent to an existing concrete pad); a reduction of the required foundation landscape area from five feet to zero feet; and a reduction of the interior landscaped island 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., subject to the following conditions: Conditions of A�proval: 1. That prior to the issuance of any building permit, all existing and any 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; 2. That prior to the issuance of a Certificate of Occupancy or Completion, all proposed site improvements including landscaping and restriping of parking area shall be installed and completed as approved by Community Development Board; 3. That prior to the issuance of a Certification of Occupancy or Completion, the selection of species of accent trees be coordinated and approved by City Staff and installed as consistent with the site plan approved by the Community Development Board; 4. That prior to the issuance of Certificate of Occupancy or Completion, that a site plan and building elevation plan shall be submitted that shows all mechanical equipment to be completely screened on four sides by a fence, gate, wall, mounds of earth, or vegetation from view from public streets and abutting properties; 5. That a minimum of 21 parking spaces be maintained for use at all times for the proposed martial arts studio; 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; and 7. That prior to the issuance of a Certificate of Occupancy or Completion, all comments from Land Resources and the Fire Department shall be addressed. Prepared by Planning and Development Department Staff: Kevin . Numberger,Planner III ATTACHMENTS:Photographs of Site and Vicinity Community Development Board—May 21,2013 FLD2013-02005—Page 10 Kevin W.Nurnberger 100 S Myrtle Avenue Clearwater,FL 33756 727-562-4567ext2502 kevin.nuniber,�er cu.m�rclearwater.com PROFESSIONAL EXPERIENCE Planner III March 2011 to present Planner II October 2010 to March 2011 City of Clearwater, Clearwater, Florida Duties include performing the technical review and preparation of staff reports for various land development applications, the organization of data and its display in order to track information and provide status reports, and making presentations to various City Boards and Committees. Planner County of York, Yorktown, Virginia 2007 to 2009 Reviewed residential, commercial and mixed use development site plans to ensure compliance with planning, zoning, subdivision, historic preservation, and environmental standards as well as design criteria, specifications, regulations, codes and ardinances. Led pre-application meetings with residents, neighborhood organizations, contractors, and developers regarding future projects which included state and local government agencies. Site Assistant Gahan and Long Ltd, Belfast, Northern Ireland 2006 to 2007 Enforced Article 3 of the Planning Order (NI) with land owners, developers and district councils on procedures relating to archaeological and built heritage remains on proposed development sites. On site assistant to project manager during the archeological process throughout the pre-development stage. Development Planner Versar Inc, Fort Story/Fort Eustis, Virginia 2005 to 2006 Developed survey strategies for the Cultural Resource Manager by reviewing local and state planning documents, the Secretary of the Interior's Standards for Preservation Planning on Federal installations, the Virginia Department of Histaric Resources, the Virginia Department of Transportation plan, and Virginia Power's public utility plan in the predevelopment stages of new development and building expansion projects to ensure protection of historie properties. City Planner City Planning Commission, New Orleans, Louisiana 2000 to 2005 Primary subdivision planner assisting applicants throughout the subdivision process in accardance with the zoning and subdivision regulations of the City of New Orleans. Reviewed various zoning and conditional use applications. Prepared and presented staff reports to the City Planning Commission and Board of Zoning Adjustments. EDUCATION University of New Orleans,LA MA Urban and Regional Planning(2004) State University of New York at Buffalo,NY BA Anthropology(1999) • o (' .r��7 } p PLANNING&DEVELOPMENT : V �Al r��b�l Level II Flexible Development Application Review nEVaLOrMENr�v�w DivisioN � � w;;< and eight feet (to existing building); side (south) setbacks of zero feet (to existing pavement), two feet (to an existing concrete pad), and 26.60 feet (to building); rear (east) setbacks of 24 feet (to concrete pad) and 48 feet (to building); a building height of 12 feet; and 21 off-street parking spaces as a Comprehensive Infill Redevelopment Project under the provisions of Community Development Code Section 2-704.C; and a reductions of the front (west) landscape buffer from 10 feet to zero feet the side (north) landscape buffer from 10 feet to zero feet (adjacent to existing parking) and two feet (adjacent to an existing walkway); side (south) landscape buffer from five feet to zero feet (adjacent to existing parking) and two feet (adjacent to an existing concrete pad); a reduction of the required foundation landscape area from five feet to zero feet; and a reduction of the interior landscaped island 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., subject to the following conditions: Conditions of A�proval: 1. That prior to the issuance of any building permit, all existing and any 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; 2. That prior to the issuance of a Certificate of Occupancy or Completion, all proposed site improvements including landscaping and restriping of parking area shall be installed and completed as approved by Community Development Board; 3. That prior to the issuance of a Certification of Occupancy or Completion, the selection of species of accent trees be coordinated and approved by City Staff and installed as consistent with the site plan approved by the Community Development Board; 4. That prior to the issuance of Certificate of Occupancy or Completion, that a site plan and building elevation plan shall be submitted that shows all mechanical equipment to be completely screened on four sides by a fence, gate, wall, mounds of earth, or vegetation from view from public streets and abutting properties; 5. That a minimum of 21 parking spaces be maintained for use at all times for the proposed martial arts studio; 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 andlor fire pump. If a fire pump is required, then the water supply must be able to supply 150 percent of its rated capacity; and 7. That prior to the issuance of a Certificate of Occupancy or Completion, all comments from Land Resources and the Fire Department shall be addressed. Prepared by Planning and Development Department Staff: Kevin .Nurnberger,Planner III ATTACHMENTS:Photographs of Site and Vicinity Community Development Board—May 21,2013 FLD2013-02005—Page 10 Kevin W.Nurnberger 100 S Myrtle Avenue Clearwater,FL 33756 727-562-4567ext2502 kevin.nurnberge�.myc learwater.com PROFESSIONAL EXPERIENCE Planner III March 2011 to present Planner II October 2010 to March 2011 City of Clearwater, Clearwater, Florida Duties include performing the technical review and preparation of staff reports for various land development applications, the organization of data and its display in order to track information and provide status reports, and making presentations to various City Boards and Committees. Planner County of York, Yorktown, Virginia 2007 to 2009 Reviewed residential, commercial and mixed use development site plans to ensure compliance with planning, zoning, subdivision, historic preservation, and environmental standards as well as design criteria, specifications, regulations, codes and ordinances. Led pre-application meetings with residents, neighborhood organizations, contractors, and developers regarding future projects which included state and local government agencies. Site Assistant Gahan and Long Ltd, Belfast, Northern Ireland 2006 to 2007 Enforced Article 3 of the Planning Order (NI) with land owners, developers and district councils on procedures relating to archaeological and built heritage remains on proposed development sites. On site assistant to project manager during the archeological process throughout the pre-development stage. Development Planner Versar Inc, Fort Story/Fort Eustis, Virginia 2005 to 2006 Developed survey strategies for the Cultural Resource Manager by reviewing local and state planning documents, the Secretary of tl�e Interior's Standards for Preservation Planning on Federal installations, the Virginia Department of Historic Resources, the Virginia Department of Transportation plan, and Virginia Power's public utility plan in the predevelopment stages of new development and building expansion projects to ensure protection of historic properties. City Planner City Planning Commission, New Orleans, Louisiana 2000 to 2005 Primary subdivision planner assisting applicants throughout the subdivision process in accordance with the zoning and subdivision regulations of the City of New Orleans. Reviewed various zoning and conditional use applications. Prepared and presented staff reports to the City Planning Commission and Board of Zoning Adjustments. EDUCATION University of New Orleans,LA MA Urban and Regional Planning(2004) State University of New York at Buffalo,NY BA Anthropology(1999) ...�.., .� .�:�` • ,,v2�'�.�s-. - k�.�� .z, � �:.*�: � - ' � Y „ � �„.r-� .. .. n�'�i - � _ .� _ ��:kV»� _. . .. ....; ' _ . w � � c 1 1 I - ` . ` �� - - �=-. - _._ ,- --- � -- ,,, A .,._ x-__ ` , ,�R�•-�---` y�=.,. . _� . .�.:,__ , , , , � - , _ �.._ - - �_ .�� ,� . -..� � " �.�r,�� E � �� - �,�; .� y . �; � �� ;,�� -„,r. ,' , : : y k 1 >� '� �' . ' - +r � �' - r ..,,,_ . �c+ . . �3"x.,Yu.� "�,'�p k*,� . ,$�' �'.� � . .. Y. .. . <. . . .� .. .�.� .,. ._ N�e : , . .. .» ...,..' .�.tSyj1 - �N'�'�'' .. ,��`w 4 <{�4 . . �1L:-.. .`;� 1.. i . �w ` . p� � .: .,- . �.-.. �.�.y� _N .i A„^�^e� ' W��z a r�q,dr�..;. °�,"�� '>'- .t. � . . _ r,:�� , ... . � _ ?1 Looking NE at subject property from S.Areturas Ave. Looking E at subject property from S. Arcturas Ave. ` — — , — .��' _ � � in � ��-+�r+ . �;> x �: � � �� a� �;_ � �. ,:� � �, � �� „ � , :�€� �r ..J1�.��rt i� S�gP'. . �� 1, . ��, ��. `,J�� n � � �� .'i . :_ . _ : . � y 1 � , � —;-� ._c, _ _ -:�s�.. `� ��v� �� r, ""x`��#�� :/ ��'` � .+�4 `'��.�. y.,. �ke�`,.� iL ,,. s ..t'f�iTv��4yy�i, xtv ky`��„� ,� :,r- a,.� ^5"`•"'.-.�':.'S.Y�:.�c��> �..�� . &lni�7' , v. . . � � .. �:,t" ,.`u°�+±e.� L:. t - . ..i... � { .. .. .. , �i. Looking S along thc fl�ont of the building I,00kinQ N ai subject property �rom propert��adjacent to thc •+��''�: FF � ,..� � � , �:. � �, � , , �i�� ' � �� ' , ;��tr �` ; � ��_ ` � � �� .� � ;e �, _� '"'`� h�,s .� � �r�. � . c" c�$ :,H M 3't d-. � ' 7=f . � rv�rra� ,a. �k��4'� ��. as �'� . ��"fi�''y4` � � � �i4�� t j r.sS.t 's `� E r �. �y4f'f'�t"'�k%'�r�^�' i� . ,� Y . +i�'#`;2 �� ,,��y �' j.. � :¢ T��,A�4,i�' F �- �3�� ,�" � `W� 'J ��,,y��'�`7��,��+1.5 ��u� � i z�i ��- 'aAV 'e9. � �Y I �c �f '+.c �' �y .r r�y7 t,. '�{.Y � ,.y}L¢f � a � �� .4.i. �F�r�) `�!� I� a^f 7'� ti,y�' � ��...�t A IT��t.�£i'��,��S �. . �'i.R.3i'{��AC d"t . .�1:�'✓ .�,'}qlFP-c4$� . .,t 4_, .5...�- l_ �".''1'1 „ , _ � � _ �,hc ncn�th side of thc site 407 South Arcturas Avenue FLD2013-02005 e- 407 S AfZGTURAS AVE � � � FLD2013-02005 o - - � � �� Fle7'�l Manal Arts Studio Zoning:Commercial Atlas#:289A � Attached Dwe, IT IS iNCUMBENT UPON THE APPLICAIVT TO SUBMIT COMPLETE AND CORRECT I(VFORMATION. ANY MISLEADIN6, DECEPTIVE, INCOMPLETE OR tPtCORRECT INFORMATION MAY INVALtDA7E YOUR APPLICATtON. ALL APPLICATIONS ARE TO BE FtLLED OUT COMPLETELY AND CORRECTLY,AND SUBMITTED tN PERSON(NO FAX OR DELIVERtES} TO THE PLAIVNING&DEVELOPMENT aEPARTMENT BY NOON ON THE SCHEDULED DEADLINE DATE. A TOFAL OF 11 COMPlETE SETS OF PLANS AND APPLICATION MATERIALS(1 ORiGiNAL AND 10 COPiES)AS REQUIRED WITHIN ARE TO BE SUBMITTED FOR REVlEW BY THE DEVELOPMENT REVIEW GOMMITTEE_ SUBSEQUENT SUBMITTAL FOR THE COMMIlNITY DEVELOPMEN7 BOARD WILL REQUIRE 15 COMPLETE SETS OF PLANS AND APPLICATION MATERIALS(2 ORIGINAL AND 14 COPiES). PLANS AND APPLICATIONS ARE REQUIRED TQ BE COLLATED,STAPLED AND FOLDED INTO SETS. TkE APPLICANT, BY FILING THiS APPLICATION, AGREES TO COMPLY WITH ALL APPLICABLE REQUIREMENTS OF THE COMMUNITY DEVELOPMENT CODE. FIRE DEPT PRELIMARY SITE PLAN REVIEW FEE: $200 APPLiCA710N FEE: $1,205 PROPERTY OWNER(PER DEED): ` MAILINGADDRESS: �✓ � 1 � ` �� J _ �7��, � PHONE NUMBER: �° 1 = C>� � �� EMAIL: IJ� � s � + �-�/ ��.�� AGENT OR REPRESENTATIVE: ''� n S O � S i�?i�'�'� MAILING ADDRESS: , L`�lt� i � � PHONE NUMBER: • - �Z EMAIL: �j- �� j �� 1"t � �' ADDRESS OF SUBJECT PROPERTY: �� U � (/ L �� PARCEL NUMBER(S): � 77� 7i C("�,`��Z 7i� ` C�O� = O D j D LEGAL DESCRIPTION: � D 7� � � PROPOSED USE(S}: �,�(�j�( �I,,,� ��_Cj�� DESCRIPTION OF REQUEST: ��-�� /��X�� Specifically identify the request (indude all requested code flexibility; , ` O D U � e.g., reduction in required number of � � � parking spaces, height, setbacks, lot size,lot width,specific use,etc.J: � Planning&Development Departrnent,100 S.Myrtle Avenue,Clearwater,FL 33756,Tel:727-562-4567;Fax:727-562-4865 Page 1 of 8 Revised 01l12 �� . o } Planning&Development Department > �i��',��t�C�r Flexible Develo ment Application p � Data Sheet PLEASE ENSURE THA7 THE FaL10WING lNFORMATION l5 FILLED OUT, IN ITS ENTtRETY. FAILURE TO COMPLE7E THIS FORM WILL RESULT IN YOUR APPLtCAT10N BEtN6 FOUND INCOMPLETE AND POSSIBLY DEFERRED UNTIt THE FOLLOWIN6 APPUCATION CYCLE. ZONING DISTRICF: l t�' ��Tv�� FUTURE LAND USE PLAN dESIGtVAT10N: EXISTING USE(currently existing on site): _��`� � ��./ � ��!�� PROPQSED USE(new use,if any;plus existing,if to remain): ��`G? �` �C V ��'�� V �r�� SITE AREA: �,� . �� Sq-ft- � r�j c� acres GROSS FLOOR AREA(total square footage of all buildings): Existing: E7 sq.ft. Proposed: c7(� sq.ft. Maximum Allowable: sq.ft. GROSS FIOOR AREA(total square footage devoted to each use,if there will be muRiple uses): First use: Sa•ft- Second use: �� sq.ft. Third use: �}� sq.it. FLOOR AREA RATIO(total square footage of ail buildings divided by the total square footage of entire site): Existing: , 7i. Proposed: �'�a,'ji� Maximum Allowable: BUILDING COVERAGE/FOOTPRINT(1�`floor square footage of all buildings): Existing: � ` ('� sq.ft. ( f1� %of site) Proposed: °I sq.ft. ( `"2 p r' �� %of site} Maximum Permitted: sq.ft. ( %ot site) GREEN$PACE WlTHtN VEHICUtAR USE AREA(green space within the parking lot and interior of site;not perimeter buffer): Existing: �, ,?�Sq•ft• � �� %of site) � � s ft. %of site Proposed: r q• � � VEHICULAR USE AREA(parking spaces,drive aisles,loading area): Existing: , (^Q G sq•ft. ( �J %of site} � Proposed: �(? 0 sq.ft. ( � %of site) Pianning&Development Department,100 S_Myrtle Avenue,Ctearwater,FL 33756,Tel:727-562-4567;Fax:727-562-4865 Page 2 of 8 Revised 01/12 , t � � , iMPERVIOUS SURFACE RATIO(total square footage of impervious areas divided by the total square footage of entire site): Existing: {) • + �� '� i �� Proposed: ��.� � % s �Q�j Maximum Permitted: DENSfTY(units,rooms or beds per acre}: BUILDING HEIGHT: t Existing: ��_ Existing: � ?j Proposed: _�j ,�T_ Proposed: �� Maximum Permitted: Maximum Permitted: OFF-STREET PARKING: Existing: Proposed: Minimum Required: WHAT iS THE ESTIMATED TOTAL VALUE OF THE PROIECT UPOIV COMPLETION? $ �T_ ZONING DISTRICTS FOR ALL ADIACENT PROPERTY: Nortn: �'�Z O — �b J�� so�tn: �1 �- 1r y �,�=�� East: 'l, `� Z �O � '�'�c ��_�(7l`�17 West: 7 �i�� J ' � �(7� ' STATE OF FLORIDA,COUNTY OF PINELLAS ) � - 1, the undersigned, acknowledge that all Sworn to and subscribed before me this `t'�_— day of representations made in this application are true and Z.D�_.to me and/or by accurate to the best of my knowledge and authorize �;,�t �,�t S . City representatives to visit and photograph the �%�G I�t Q who is personaliy known has property described in this appli ion_ produced �/! rC 1�5 � /«�u- as identification. � - G Signature of pr erty owner or representative Notary public, My commission expires: .,'':�!`Y"�:�°•-.. MEIJSN�•�IDT �: � 1�`COqNuNSSibN�#�EE-f58 �'i�%��' Baided 71au Notary Pubkc Underwr�ers Planning 8�Development Department,100 S.Myrtle Avenue,Clearwater,FL 33756,Tel:727-562-4567;Fax:727-562-4865 Page 3 of 8 Revised 01t12 1 I' 4 t � o Planning&Development Department � �,, �� Flexible Develapment Application � Site Plan Submittal Package Check list IN ADDITION TQ THE COMPLETED FLEXIBLE DEVELOPMENT(FLD)APPLICATtON,ALL FLD APPLICATIONS SHALL INCLUDE A SITE PLAN SUBMITfAI PACKAGE THAT INCLUDES THE FOLLOWING INFORMATIQN AIVD/OR PLANS: �C.1 Responses to the flexibility criteria for the specific use(s} being requested as set forth in the Zoning District(s} in which the subject property is located. The attached Flexible Development Appfication Flexibility Criteria sheet shall be used to provide these responses. � Responses to the 6eneral Applicability criteria set forth in Section 3-914.A. The attached Flexible Development Application 6eneral Applicability Criteria sheet shall be used to provide these responses. ( U� A signed and sealed survey of the property prepared by a registered land surveyor including the location of the property, `�� dimensions, acreage, location of all current structures/improvements, location of all pubtic and private easements including official records book and page numbers and street right(s)-of-way within and adjacent to the site. N� If the application would result in the removal or relocation of mobile home owners residing in a mobile home park as provided in F.S.§723.083,the application must provide that information required by Section 4202.A.5. hj�E] If this application is being submitted for the purpose of a boatlift,catwalk,davit, dock, marina, pier,seawall or other si milar marine structure, then the application must provide detailed pfans and specifications prepared by a Florida professional engineer,bearing the seal and signature of the engineer, except signed and sealed plans shall not be required for the repair or replacement of decking, stringers, railing, lower landings, tie piles, or the patching or reinforcing of existing piling on rivate and commercia{docks. � A site plan prepared by a professional architect,engineer or landscape architect drawn to a minimum scale of one inch equals 50 feet on a sheet size not to exceed 24 inches by 36 inches that includes the following information: ❑ Index sheet of the same size shal!be included with individual sheet numbers referenced thereon. 0 North arrow,scale,location map and date prepared. 0 Identification of the boundaries of phases,if development is proposed to be constructed in phases. „.�� Location of the Coastal Construction Control Line (CCCI),whether the property is located within a Special Flood Hazard �.. Area,and the Base Flood Elevation(BFE)of the property,as applicable. ,(�] Location,footprint and size of all existing and proposed buildings and structures on the site. � Location and dimensions of vehicular and pedestrian circulation systems, both on-site and off-site,with proposed points of access. � Location of all existing and proposed sidewalks, curbs, water lines, sanitary sewer lines, storm drains, fire hydrants and seawalls and any proposed utility easements. � Location of onsite and offsite stormwater management facilities as well as a narrative describing the proposed stormwater control plan including calculations. Additional data necessary to demonstrate compliance with the City of Clearwater Storm Drainage Design Criteria manual may be required at time of building construction permit. � Location of solid waste collection facilities,required screening and provisions for accessibility for collection. �Location of off-street loading area,if required by Section 3-1406. �All adjacent right(s)-of-way,with indication of centerline and width, paved width, existing median cuts and intersections � and bus shelters. �mensions of existing and proposed lot►ines, streets, drives, building lines, setbacks, structural overhangs and building ' separations. �� Buifding or structure elevation drawings that depict the proposed building height and building materials. Planning&Development Department,100 S.Myrtle Avenue,Clearwater,FL 33756,Tel:727-562-4567;Fax:727-562�865 Page 4 of 8 Revised 01/12 d . f �V� Typical floor pians,including floor plans for each floor of any parking garage_ Demolition plan. Identification and description of watercourses, wetlands, tree masses, specimen trees, and other environmentally sensitive areas. �" If a deviation from the parking standards is requested that is greater than 5Q96 (exciuding those standards where the difference between the top and bottom of the range is one parking space), then a parking demand study will need to be provided. The findings of the study will be used in determining whether or not deviations to the parking standards are approved.Please see the adopted Parking Demand Study Guidelines for further information. i ��A tree survey showing the{ocation, DBH and species of all existing trees with a DBH of four inches or more, and identifying those trees proposed to be removed,if any. ��`-��A tree inventory, prepared by a certified arborist, of alt trees four inches DBH or more that reflects the size, canopy, and condition of such trees may be required if deemed applicable by staff.Check with staff. �j�A Traffic(mpact Study shall be required for all proposed developments if the total generated net new trips meet one or more �� of the following conditions: � Proposal is expeded to generate 100 or more new trips in any given hour(directional trips,inbound or outbound on the abutting streets)and/or 1,000 or more new trips per day;or ■ Anticipated new trip generation degrades the level of service as adopted in the City's Comprehensive Plan to unacceptable levels;or • The study area contains a segment of roadway and/or intersection with five reportable accidents within a prior twelve month period, or the segment and/or intersection exists on tfie City's annual list of most hazardous locations, provided by the City of Clearwater Police Department;or ■ The Traffic Operations Manager or their designee deems it necessary to require such assessment in the pfan review process. Examples include developments that are expected to negatively impact a constrained roadway or developments / with unknown trip generation and/or other unknown factors. ��A landscape ptan shall be provided for any project where there is a new use or a change of use;or an existing use is improved or remodeled in a value of 25% or more of the valuation of the principal structure as reflected on the property appraiser's •t .1 + .,� i" '`i'�s ZrNiv�°v .�i�a° r�u � ... v r�:L�no Int ron�iiro� M�e�itinna� CUffefli reeords, vi it ai� Sii�ci�uiiici�� u �cyU�� .. o�� ..�� e � �-��• landscaping pursuant to the provisions of Article 3, Division 14. The landscape plan shall include the following information,if not otherwise required in conjunction with the application for development approval: � Location, size, description, specifications and quantities of all existing and proposed landscape materials, including botanical and common names. H�fl Existing trees on-site and immediately adjacent to the site,by species,size and location,including drip line. ❑ Interior landscape areas hatched and/or shaded and labeled and interior landscape coverage, expressed both in square feet, exclusive of perimeter landscaped strips, and as a percentage of the paved area coverage of the parking lot and vehicular use areas. C�Location of existing and proposed structures and improvements, including but not timited to sidewalks, walls, fences, • pools, patios, dumpster pads, pad mounted transformers, fire hydrants, overhead obstructions, curbs, water lines, sanitary sewer lines,storm drains,seawalls, utility easements,treatment of all ground surfaces, and any other features that may influence the proposed landscape. � Location of parking areas and other vehicular use areas, including parking spaces, circulation aisles, interior landscape � „ / islands and curbing. �`t�� t� Drainage and retention areas,including swales,side slopes and bottom elevations. ��0 Delineation and dimensions of all required perimeter landscaped buffers including sight triangles,if any. Ptanning&Development Department,100 S.Myrtle Avenue,Clearwater,FL 33756,Tel:727-562-4567;Fax:727-562-4865 Page 5 of 8 Revised 01l12 J 1 � � o } Planning&Developme�t Deparhnent � � ��t�� Flexible Develo ment A plication P P � Affidavit to Authorize Agent/Representative 1. Provide names of all property owners on deed—PRINT full names: -G -��-�_�-a-� �.�,� 2. That(I am/we are)the owner(s)and record title holder(s)of the following described property: /�!i ¢�e01��C! .rt,l�.�•/C �qY.�` 3. That this property constitutes the property for which a request for(describe request): k. 4. That the undersigned(has/have)appointed and(does/do)appoint: S�,r'�.. .ri�'�4.�t e.�.,r' as(his/their)agent(s)to execute any petitions or other documents necessary to affect such petition; 5. That this affidavit has been executed to induce the City of Ciearwater, Florida to consider and act on the above described property; 6_ That site visits to the property are necessary by City representatives in order to process this application and the owner authorizes Gty representatives to visit and photograph the property described in this application; /�/. 1 J_____�J L�_i. L�.��L.. "L. L_�aL_L_'__.'_' J 'f. it18i�i/V+ie),iiie iiiiuet�igiieu ai.iinu�iiy�IICICUy lCl LIIY llldl UIC IVIC�VII1�I�U UC GIW IViICIL_ Pr perty Ow r Property Owner Property Owner Property Owner STATE OF FLORIDA,COUNTY OF PINELLAS BEFORE ME THE UNDERSIGIVED,AN OFFICER DULY COMMISSIONED BY THE LAWS OF THE STATE OF FLORIDA,ON 1�� THIS l DAY OF Z�t 3 , PERSONALLY APPEARED IYt� (�I^0.�� SC�It)C.t AC✓ WHO HAVING BEEN FIRST DULY SWORN DEPOSED AND SAYS THAT HEJSHE FULLY UNDERSTANDS THE CONTENTS OF THE AFFlDAVIT THAT HE/SHE SIGNED. �!P" Ma1SAC.SCFfldIDT ` n "�� = MY(�MMISSION#EE 156872 ( :*. •*_ � �:. 'a; EXPIRES:February 3,2016 ''�;�,��:�` 9a�dedT►�ut�an'�u�e�� Notary Pubiic S gnature Notary Seai/Stamp My Commission Expires: Pianning&Development Department,100 S.Myrtie Avenue,Clearwater,FL 33756,Tei:727-562-4567;Fax:727-562-4865 Page 8 of 8 Revised 01/1 Z + , • � 3 ' Hello my name is Mike�chweiger,residemt of Clea�vvater and c�mmerciai RE broker 27 yeazs l. I have owned the pmpe9rty at 407 S_Archiras for 6 years_ 2_ Redeveloped it twice started with a butt ugly building and transformed it into a nice looking building. 3. This building was built in conjunction with Einstein Bagei pmperty ne�rt door later separated but operates cohesiveiy along with the Arby's. 4. There is over 100,0U0sf of office available along GTB j�between Keene and Belcher and more retail_ Less than 1 mi1e. 5. The property is zoned commercial and other uses have wanted to use the property but the set b�ck requirement has moved it from level l to level 2. The setbacks on this praperty cannot change without a serious negative impa�ct on the property. 6. It was built that way and I have l�ad it studied to the conclusion it cannot be made better than it currently is. 7. The survey shows it has plenty of green area just not were code wan#s i� In fact it is mostly green area. 8. I have spent over S24,000 an the last remodel with$�4,000 of that to make a landscape area ne�rt to the building that was all concrete_ �. i�4 twh.�.�j^'.`.t.?.oti�4�.,r^��,�,�,c 1Mla�t tl�i�Ym�j v;ntl�ti��.,Ptlr�,rl�r�,c a�ri m�yP�t approval to be used as is now and in the future unless a redevelopment of the property occurs which is unlikely in the ne� 10 years. x fi'`� ^i �p � , � �: ��,. 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'�'�.....__ �� .. ...,,.,�r�.:.�-..._. �. � .t . .. _,ro-._ . .,... . . � . -' ... . - _.�_ _ ._ .. ._.. .._. � . . . .� _ . :, z -.:�- , ""':�_`-""�-R...� . . , �� : . . - _-_. . � i � � r � I � ► ,i= ,� � ''�. ', '' I � I � �� • � � ► ♦ � r � � ,I � r r' J 0' cu p� �' o �� I I�! !M,,� ' � ��1�'�i1�'�'�i U°"0� ��s' �i(�V�.QQ��N 1 FI' p�''��C�i IT N �``` � � �- �a'` /$' rn •r c �� F o �� s.S I6' I Gc� � p °�� i � 0 V do1' � � S" t4' r�a+r > ,� 5• 15' � �� ' i' d� �� ' � , M ,g Cfl �a' w oFf�t.� � ��`5 o'��tC�i ia �o� � i1' ' � u...�`""'"�s t 3' Gtr'lh1�961�co ► �o.� �v'Cv �t,fl t i ' • �. t i�' a . a i� O � � 6� ', . �9, (5r�:. AC o Planning&Development Department � � ��er Flexible Deve�o ment A lication p Pp � General Applicability Criteria PROVIDE COMPLETE RESPONSES TO EACH OF THE SIX(6) 6ENERAL APPLICABILITY CRITERIA EXPLAINING HOW, tN DETAIL,THE CRITERION IS BEING COMPLIED WITH PER THIS DEVELOPMENT PROPOSAL. 1. The proposed development of the land will be in harmony with the scale, bulk, coverage, density and character of adjacent properties in which it is located. ;��ts t�� t s �.�1 k-F��1.o+.9Y w 1'CVt '`C�f� ��-�-��1�l� D t� �• 2_ The proposed development will not hinder or discourage the appropriate development and use of adjacent land and buiidings or significantly impair the value thereof. � � 6 1� � g �r� �D.� a�G'f'_��C �.��}'�—�I1.S L�� 3. The proposed development will not adversely affect the health or safety or persons residing or working in the neighborhood of the proposed use. ��;� � �T_��i ��V ;Q��°t l/ l� 1'Y� � '�, �� t-� � l� �.(� �i � ��(, c�� ,��t ��.��• 4. The proposed development is designed to minimize traffic congestion. ��-�--� L� � '-��+�i-+�� s� � u x � � �.r�,�i�.��r l��:�� t.k�' S , 5. The proposed development is consistent with the community character of the immediate vicinity of the parcel proposed for development. �L-►,r I,�c� �—��--��t,�� .(� C-� t`1t�U�J i'C�` f �ir�T �Y/ � ��I�� .. � �, C�.� 1 �1. 1 _ y 6. The design of the proposed development minimizes adverse effects, including visual, acoustic and olfactory and hours of operation impads,on adjacent properties. -�'t�.I.� �(,l�t P�� t�k� ��t LY � i� � '' � G Qu �� t�� Planning 8 Development Department,100 S.Myrtle Avenue,Clearwater,FL 33756,Tel:727-562-4567;Fax:727-562-4865 Page 6 of 8 Revised 01/12 s . j j o Planning&Develapment Departrnent � ��ear�a�er Flexible Develo ment Application p � Flexibility Criteria PROVIDE COMPLETE RESPQNSES TO THE APPUCABLE FLEXIBILI7Y CRITERIA FOR THE SPECIFIC USE(5}BEING REQUESTED AS SET FORTH IN THE ZONING DtSTRICT(S)IN WHICH THE SUBIECT PR�PERTY iS LOCATED. EXPLA�N HOW,IN DETAtL,EACH CRITERION IS BEING COMPLIED WITH PfR THIS DEVELOPMENT PROPOSAL(USE SEPARATE SHEETS AS NECESSARY). �. -�> ��C.�N� ��i't�r�/��r��i�.�rt: 1�I�C� �� t t A��o�s �t't 'GL� �- �� 'G� 1�) ��,- ��— 2�t1,t�r(� ��-r�'� z. � � Gon�rt � uv � � (n o r�� tC�t�� n�� Gflt1��. �'(.,�L_�-�JP � 9t� ��`� � �4S i�� Pt��.v�� Y UV V 3- ��f-1, � �i�t.�,�-�3��. t � P�� N-O-'l �� l�l�(� �'C �M,� ��—��A�, R� c��( 4''��v't ��,��n��.� � sv��o t�st� Q��z � �S - 4- �r�� i, � � ��C �� r�-�f� A��cS t n1�L IJ10 �-��r.F•t . 5 � �i�ti �n� .�,c,� o ao6S - �' � rt1�� N-� b 6- �� f�'�f�L l N� tr S� ��t w n/b� LT,d-�, M e��'(i � 8�-0��' 5��1�Y? �� n&��r�-�,t,�, s,r��u�r+� ��?��I,�r ,��n��1,��-!irr��io C.e�'I��G��-1-1 D� �iG��P-�.�bc/�'J��4�J (.e�1,?(�G�iJ �) �tzS-tl�-6 G�r��'t�l�/_( �. g. 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PI�tiYilk4 b Oe°t'CIG�e.n([lN�:�r�tti�t�rL IUU S.M'/+'tIC�kv!"'il�ttn,'�.e'�9�r,ea�lkHr. �L J3T5fi, Trr1.7Z7-�83-i�5fi7,F.u.727-Sb2#�s5 �a��a�af Z -• - . Fcev��c!j 41t't� Comprehensive Infill Redevelopment Project 1. The development of this existing building into a indoor recreation is practical without deviations from the development standards for the purpose of use as a indoor recreation. Everything meets city codes except for the 15 feet setback which is allowed to be 0 setback with phase 2 of planiung. 2. Yes,the development will be consistent with goals, and policies of the comprehensive plan. It is also consistent with general purpose, intent, and consistent with the basic planning objectives of the city codes. 3. The development of this proposed indoor recreation will not impede the normal and orderly development of the surrounding properties, or cause any delay of any kind to adjacent properties. 4. The development of this proposed indoor recreation in this already developed building will not cause any harm or damage of any kind to the surrou.nding properties. The development of this proposed indoor recreation will prosper the value of the adjacent properties. Sa. Yes,the proposed development is permitted in the zoning districts as it already zoned for commercial use,the only thing standing in the way is 15 feet setback that new developments must meet, and this development already exists and is over 25 years of age. Sb. Yes,the new use as a indoor recreation will be significant economic contributor to the city's economic base. The newly proposed indoor recreation will add/create few jobs and bring new clients to the already existing adjacent businesses. The indoor recreation will prosper the area with new visitors that will drive in the area and add/give more business to the surrounding restaurants, gas stations, and retail stores. Sc. Yes,the development of this indoor daycare will add a positive contribution to the economic base of the area. The development already exists and the only factor in the way is 15 feet setback that is allowed to be 0 setback with phase 2 of planning development. Sd. N/A Se. The newly proposed indoor recreation is seeking a zoning designation for a special use. The development has been in a vacant status for over 3 years and is causing no economic contribution to the area and to the city. Other similar properties do not meet 15 feet setback that are open for the public and are doing business, and contributing to the economic base of the city. See attached photos. Sf. N/A ba. The development of the proposed indoor recreation will not impede the normal, and orderly development of the adjacent properties. It will nat impede any improvements of any kind to the surrounding properties. The development of this proposed indoor recreation will bring nothing but prosperity to the surrou.nding businesses. New visitors and potential clients will drive into the area and cause positive econamical impact to the nearby restaurants, gas stations, and retail establishments. 6b. N/A 6c. The development was a indoor recreation for 25 years, and since it was shutdown many improvements ha.d been done t� it. The building had a makeover and is updated fram both the interior and exterior.New landscaping that brings out the beauty of this building. See attached photos. 6d. The buiiding is very attractive and it had been updated and looks amazing compared to many adjacent pro�erties. The photos attached for your view will give you a comprehensive overview of the building and its condition and attractiveness. 6e. The building already exists and meets all the buffers, and appropriate distances between buildings. The building is totally updated and meets the required parking codes. 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