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FLD2013-02004Y � ea��ater :J MEETING DATE: AGENDA ITEM: CASE: COMMUNITY DEVELOPMENT BOARD PLANNING AND DEVELOPMENT DEPARTMENT STAFF REPORT Apri129, 2013 c.l. FLD2013-02004 REQUEST: Flexible Development application to permit 23 attached dwellings with a height of 68 feet as measured from base flood elevation to the top of the roof deck (86 feet to the top of architectural roof embellishment features), front (east) setbacks of 99 feet (to building) and 10 feet (to parking), side (north) setbacks of nine feet (to building) and zero feet (to parking) and zero feet (to pavement including a sidewalk terminus), side (south) setbacks of 10 feet (to building and parking), nine feet (to swimming pool) and four feet (to patio), rear (west) setbacks as measured from the Coastal Construction Control Line (CCCL) of zero feet (to building and patio) and three feet (to pergola/trellis structure over the proposed spa/hot tub/fireplace, 46 parking spaces (including two handicap spaces) (rivo parking spaces per dwelling unit) in the Commercial (C) District as a Comprehensive Infill Redevelopment Project, under the provisions of Community Development Code (CDC) Section 2-704.E.; to permit a two foot building overhang (eve) to encroach seaward of the CCCL, under the provisions of CDC Section 3-905 and to reduce the front (east) landscape buffer from 15 feet to 10 feet (to parking), reduce the side (south) landscape buffer from 10 feet to four feet (to patio) and to modify the required number of shade trees from 40 canopy trees (or as otherwise provided via accent/palm trees) to 24 canopy trees as part of a Comprehensive Landscape Program under the provisions of 3-1202.G. GENERAL DATA: Agent........................... Applicant/ Owner. . .. . .... L oca tion . . . . . . . . . . . .. . . . . . . . . . Property Size ................. Future Land Use Plan Robert D. Hall; Curtis Gaines Hall Jones Architects, Inc. Taub Entities, LLC. .. 1590 Gulf Boulevard; west side of Gulf Boulevard approximately 300 feet south of Marina Del Rey Court and approximately 1,100 feet north of the City limits line between Clearwater and Belleair. 1.38 acres (0.96 acres within the Commercial District) Commercial General (CG), Recreation/Open Space (R/OS), Water Zoning .......................... Commercial (C), Open Space/Recreation (WOS) and Preservation (P) Districts Special Area Plan .............. None Adjacent Zoning.... North: South: East: West: Existing Land Use............ High Density Residential (HDR) District High Density Residential (HDR) District High Density Residential (HDR) District High Density Residential (HDR) District Restaurant (vacant) Proposed Land Use......... Attached Dwellings (23 units) o • : Clear�vater Level II Flexible Development Application Review y ' `;;�;".:nr4�;:::.. .. ANALYSIS: Site Location and Existing Conditions: The 1.38 acre site is located on the west side of Gulf Boulevard approximately 300 feet south of Marina Del Rey Court and approximately 1,100 feet north of the City limits line between Clearwater and Belleair. The subject site consists of one parcel with approximately 88 feet of frontage along Gulf Boulevard and 180 feet of frontage along the Gulf of Mexico. The property spans three zoning districts including Commercial (C), Open Space/Recreation (OS/R) and Preservation (P) and three corresponding Future Land Use Plan (FLUP) classifications; Commercial General (CG), Recreation/Open Space (R/OS) and Water. The portion of the site within the C district is 0.96 acres and landward of the Coastal Construction Control Line (CCCL). The remainder of the site is 0.42 acres and is seaward of the CCCL. It should be noted that Section 3-905 provides that the CCCL is the line of reference from which setbacks shall be measured along the Gulf of Mexico for buildings and structures. There is an existing seawall, presently buried beneath the sand, located approximately 25 feet west of the northwest corner of the existing building and approximately 50 feet from the CCCL in the southwest corner of the site. There is an existing perpetual easement for pedestrian passage located adjacent to the east side of the seawall. The subject property extends onto the beach area west of the seawall approximately 50 to 60 feet. Access to the site was provided (and incidentally will continue to be provided) via a two-way driveway at the northeast corner of the site along Gulf Boulevard. This driveway is part of an accesses easement with the property to the north (1586 Gulf Boulevard). A total of 45 parking spaces were on the site including three handicap spaces. Residential land uses dominate parcels fronting on either side of Gulf Boulevazd. Surrounding � PLANNING & DEVELOPMENT DEVELOPMENT REV�W DIVISION Community Development Board Apri129, 2013 FLD2013-02004 — Page 1 of 21 0 • : Clearwater Level II Flexible Development Application Review u � �« � PLANNING & DEVELOP&fENT DEVELOPMENT REVIEW DIVISION properties are within the High Density Residential (HDR) District with a FLUP classification of RH. The only other commercial uses are in the 1201 block of Gulf Boulevard approximately one mile north of the subject site (Shoppes of Sand Key). Site History: The site is irregularly shaped as a result of having previously been part of the Cabana Club residential property to the north as its clubhouse and "members only" restaurant for the condominiums, built in the early 1980s. This parcel was conveyed separately in the early 1990s, litigated and determined to be a legal parcel and subsequently operated as a public restaurant until its closing in 2007. The site was developed with a 10,502 square-foot building, with two stories over an open ground floor. The restaurant on the second and third floor was 7,054 square feet of enclosed floor area. There was an outdoor cafe on the third floor of 1,916 square feet overlooking the beach. A pool was adjacent to the restaurant building. The pool, patio area and building were demolished in the middle of February 2013 (BCP2013-02147). In 2000 the site was the subject of a land use plan map amendment and rezoning application (LUZ 00-OS-08) which proposed amending the FLUP category from CG to RH and the zoning from C to HDR district. That case was denied by the City Commission on September 21, 2000. A Flexible Development application (FL 00-OS-19) in conjunction with the land use plan map amendment and rezoning application to permit a 10-story (99-foot tall), 20-unit attached dwelling condominium project with the swimming pool located seaward of the CCCL was withdrawn due to the denial of the land use plan map amendment and rezoning application. The site has also been the subject of two other Flexible Development applications. On November 26, 2002 application FLD2002-09029 was approved with conditions by the Community Development (CDB). This request included reductions in the front (east) setback along Gulf Boulevard from 25 feet to five feet to pavement (existing), side (north) setback from 10 feet to zero feet (to existing building and pavement), side (south) setback from 10 feet to five feet (to pavement) and from 10 feet to 1.4 feet to existing pool deck and reduce the required number of parking spaces from 108 spaces to 46 spaces, as part of a Comprehensive Infill Redevelopment Project. The proposal included the re-establishment of a restaurant utilizing the existing setbacks to building and pavement. The restaurant building included separate restrooms and lockers for the pool and beach and the plan was to use the pool and beach, including the restrooms and lockers, for guests of the Belleview Biltmore Hotel only. A second Flexible Development (FLD2008-02002) was approved with conditions by the CDB on September 16, 2008 to permit a 38-unit overnight accommodation use in the C district with a reduction to the required lot width from 200 to 88.41 feet, a reduction to the front (east) setback from 25 to five feet (to pavement), a reduction to the side (north) setback from 10 to zero feet (to building), a reduction to the rear (west) setback from the CCCL from 20 to zero feet, to allow proposed temporary cabanas up to 25 feet west of the CCCL and an increase to building height from 25 to 67 feet, as a Comprehensive Infill Redevelopment Project, under the (then) provisions of Section 2-704.C; and a reduction to the front (east) perimeter buffer from 15 to five feet (to pavement), a reduction to the side (north) perimeter buffer from 10 to zero feet (to building and Community Development Board Apri129, 2013 FLD2013-02004 — Page 2 of 21 o (��p�� }p�. � � V1�AS n�bbi Level II Flexible Development Application Review u. .. ... s,. h. : .. . � PLANNING & DEVELOPMENT DEVELOPMENT REVIEW DIVISION pavement) and a reduction to the width of interior landscape islands from eight to 4.6 feet inside curbing, as a Comprehensive Landscape Program, under the provisions of Section 3-1202.G. The proposal was to redevelop the site with a 38-room, 67-foot tall, boutique overnight accommodation use with accessory uses including a restaurant, pool, men and women's locker rooms, exercise room and beachfront cabanas. The proposed hotel was to be operated by the same hotel operator as the Belleview Biltmore Hotel in the Town of Belleair, providing guests of the Belleview Biltmore Hotel with a beachfront experience. All submissions were highly publicized and scrutinized. As the two approved FLD applications did not come to fruition the approvals have since expired under the provisions of Community Development Code (CDC) Section 4-407. Development Proposal: The current proposal is to develop the site with a seven-story building (six living floors over one floor of parking) with 23 attached dwelling units (24 dwelling units per acre). It is important to note that all development will occur on the portion of the site within the C district and that this portion of the site is located entirely on the landward side of the CCCL. In short, the development potential of the site including density and Impervious Surface Ratio (ISR) is based solely on the 0.96 acre portion of the site within the C district. The site will maintain the existing driveway and the associated access easement with the neighboring property to the north. The site will include 29 surface parking spaces and 17 parking spaces under the building (constituting the bulk of first floor). Amenities will include a swimming pool and spa located in the southwest quadrant of the site, an exercise room located on the second floor and air-conditioned storage units located on the first (garage) floor. Two trash rooms are provided within the building on the first floor each of which will accommodate a pair of two cubic yard dumpsters. The dumpsters will be moved to a designated staging area along the south side of the shared access drive along the north side of the site within the parking lot. It should be noted that no parking spaces will be used or otherwise negatively impacted by the staging area. The dumpsters will be returned to the trash room after servicing by staff inembers of Resource Property Management (RPM). RPM staff will also perform other routine management and maintenance functions and this service agreement is included in the required Condominium Document submittal which has been accepted by the State of Florida. The applicant has blended this proposed attached dwelling development well into the fabric of this area through the location and modern architectural-styling of the building. As designed, the proposed building will aesthetically support the existing character of the neighborhood with clean building lines, an extensive use of windows and balconies on all facades and a significant partition of the building envelope. Existing residential developments that front on the Gulf of Mexico are typically situated with the longest dimension of the building on a north/south axis to maximize the number of residential units facing the water. The proposed seven-story building design is consistent with the bulk, coverage, density and character of Sand Key, but with a building substantially lower in height than most existing buildings that front on the Gulf of Mexico. As a point of reference the property to the north is developed with a nine-story building (eight stories over one floor of parking) and the site to the south contains a 12-story building (11 Community Development Board Apri129, 2013 FLD2013-02004 — Page 3 of 21 ° 1p�1.�1 }� • � � CiVN�l t►�l��Level II Flexible Develo ment lication Review PL^rrrr�NG�DEV�LOrMExT P APP DEVELOPMENT REV�W DIVISION L . .. ..w3 a .�, .. stories over one floor of parking). It is noted that there are no adopted design guidelines for this area of the City. While landscaping is proposed along all property lines of the site the buffer widths however, do not meet the provisions of CDC Article 3 Division 12 with a 10 foot buffer along Gulf Boulevard where 15 feet is required and a four foot buffer (adjacent to pool patio) along the south property line where 10 feet is required. Landscape buffers otherwise meet the minimum requirements of the CDC. The applicant has mitigated dimensional deficiencies with regard to buffer widths through the provision of landscape material in excess of the minimum otherwise required by the CDC. The landscape plan includes a wide variety of shade, ornamental and palm trees (live oak, silver buttonwood, white Geiger tree, Mexican Fan Palm, Washingtonian Palm and sabal palm) and shrubs and ground covers (viburnum, Indian hawthorn, hibiscus, duranta, flaa� lily and fountain grass). The buffers will be planted in such a manner as to create a lush tiered effect providing adequate buffers between the subject property and adjacent rights-of-way and properties. In addition, aluminum picket-style fence four-feet in height will extend along the property line in the vicinity of the swimming pool and patio in the southwest quadrant of the site. In addition a stucco-finished masonry wall four feet in height will partially surround the spa area at the southwest corner of the site. The proposed landscaping will support and complement landscaping in place on adjacent and nearby properties maintaining and enhance the high aesthetic level of quality for which Sand Key neighborhood of Clearwater is known. One freestanding sign 24 square feet in area is proposed along the east side of the site south of the existing driveway. The details of the sign are not included with this proposal however, the applicant has acknowledged that it is understood that signage will be addressed under separate building permits and will meet the requirements of CDC Article 3 Division 18. Special Area Plan: None Development Parameters Note: All development parameters are based only on the 0.96 acre portion of the site within the C district. In addition, as Attached Dwellings are not a listed permitted use within the C district and in an effort to provide reasonable points of comparison with regard to lot area and width, setbacks, height and off-street parking, these specific development parameters are compared to those as provided in CDC Section 2-502 HDR district. Densi : Pursuant to the Countywide Plan Rules and CDC Section 2-701.1, the m�imum density for properties with a FLUP designation of CG is 24 dwelling units per acre. The proposed density is 23 total dwelling units or 24 dwelling units per acre based on 0.96 acres, which is consistent with Code provisions. Impervious Sur ace Ratio (ISR� Pursuant to the Countywide Plan Rules and CDC Section 2-701.1, the m�imum allowable ISR is 0.90. The overall proposed ISR is 0.63, which is consistent with Code provisions. Community Development Board Apri129, 2013 FLD2013-02004 — Page 4 of 21 o . � Cle�r�vater Level II Flexible Development Application Review Y .��� a . . ' .. � PLANNING & DEVELOPMENT DEVELOPMENT REV�W DIVISION 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. In addition, there are no minimum standards for attached dwellings in the C district with which to compare the proposal. However, for a reasonable point of comparison, pursuant to CDC Table 2-502, Minimum Standard Development Standards, the required lot area and lot width for attached dwellings within the HDR district (the zoning designation of the surrounding properties) are a minimum of 15,000 square feet and 150 feet, respectively where the subject site area is 41,975 square feet and the width is 88 feet. Minimum Setbacks: Pursuant to CDC Table 2-704, there are no minimum required setbacks for a Comprehensive Infill Redevelopment Project. It should be noted that CDC Section 3-905 provides that the CCCL is the line of reference from which setbacks shall be measured along the Gulf of Mexico for buildings and structures. In addition, there are no minimum standards for attached dwellings in the C district with which to compare the proposal. However, for a reasonable point of comparison, pursuant to CDC Table 2-502, Minimum Standard Development Standards, front, side and rear setbacks to primary structures within the HDR district are 25, 10 and 15 feet, respectively. Setbacks to parking are based upon the required landscape buffers which for the front (east) is 15 feet and sides (north and south) and rear (west) 10 feet. The proposal includes a front (east) setback to the building of 99 feet. The proposed side (north and south) setbacks to building are nine and 10 feet, respectively. The side (south) setback is also nine feet (to pool) and four feet (to patio). The side (north) setback is also zero feet to sidewalk and existing shared drive aisle. To reiterate, the drive aisle is the subject of a shared access agreement with the property to the north and will be maintained with this proposal. The proposed rear (west) setback (as measured from the CCCL) is zero feet to building and pool patio and three feet to pergola. A small portion of the building overhangs the CCCL by approximately two feet. The proposed setback to parking along the front (east) is 10 feet and along the side (north and south) zero feet and 10 feet, respectively. Maximum Buildin� Heig�ht: Pursuant to CDC Table 2-703, there is no m�imum height for a Comprehensive Infill Redevelopment Project. However, for a point of comparison, pursuant to the aforementioned CDC Table 2-502, the m�imum allowable height for attached dwellings within the HDR district is 30 feet. The proposed building height is 68 feet and 82 feet to the top of the highest parapet wall and 86 feet to the top of roof top architectural embellishments. It should be noted that the roofline of the building is characterized by a variety of parapet wall heights and architectural embellishments which are used to aesthetic ends as well as to effectively screen mechanical equipment. Minimum Off-Street Parkin�: Pursuant to CDC Table 2-703, there is no minimum off-street parking requirement for a Comprehensive Infill Redevelopment Project. However, for a point of comparison, pursuant to CDC Table 2-502, the minimum required parking for attached dwellings within the HDR district is two parking spaces per dwelling unit resulting in a requirement of 46 parking spaces for 23 dwelling units. The proposal provides 46 parking spaces or two spaces per dwelling unit. Community Development Board Apri129, 2013 FLD2013-02004 — Page 5 of 21 o • : Clearwater Level II Flexible Development Application Review uz,�... .... . � PLANNING&DEVELOP�NT DEVELOPMENT REVIEW DIVISION Mechanical Equipment: Pursuant to CDC Sections 3-201.D.1 and 3-903.I, all outside mechanical equipment must be screened so as not to be visible from public streets and/or abutting properties. Mechanical equipment will either be placed inside the building or on the roof. Mechanical equipment will be located on the roof of the proposed building and will be centrally located and screened by parapet walls on all sides. While certain mechanical equipment (A/C units) placed on the roof will be visible from taller buildings, staff has determined that the intent of this Section was not to screen mechanical equipment from every possible viewpoint including those from the sky and that it is not practicable to fully screen the equipment from every conceivable viewpoint. Mechanical equipment will be screened from view from the ground from adjacent properties and from the street right-of-way. Therefore, the proposal meets the intent of this CDC section. Sight Visibili. Trian les: Pursuant to CDC Section 3-904.A, to minimize hazards at the proposed driveway on Gulf Boulevard, 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. This proposal has been reviewed by the City's Traffic Engineering Department and been found to be acceptable. Shrubbery planted within the sight visibility triangles will need to be maintained to meet the Code requirements. Utilities: Pursuant to CDC Section 3-912, for development that does not involve a subdivision, all utilities including individual distribution lines must be installed underground unless such undergrounding is not practicable. All utilities which serve the site are currently underground. Landscapin� Pursuant to CDC Section 3-1202.D, required perimeter buffers are based on adjacent uses and/or street types. The required landscape buffers are 15 feet (east — arterial street), 10 feet (west — Gulf of Mexico) and 10 feet (north and south — attached dwellings). In addition, Section 3- 1202.E provides that interior landscaping must be provided which is equal to or greater than 10 percent of the vehicular use area. The proposed vehicular use area is 11,868 square feet requiring 1,187 square feet of interior landscaped area. Section 3-1202.E also provides that no more than 10 parking spaces may be in a row. Finally, Section 3-1202.E requires that all facades facing a street must include a foundation planting area of at least five feet of depth along the entire fa�ade excluding areas necessary for ingress/egress. This proposal provides reduced buffer widths along the east (10 feet to parking) and south (10 feet to parking and four feet to patio) which do not meet the requirements of Section 3-1202.D. The proposal otherwise meets the remaining requirements of Article 3 Division 12 of the CDC. As noted, certain landscape buffer widths do not meet the provisions of CDC Article 3 Division 12. The applicant has mitigated dimensional deficiencies with regard to buffer widths through the provision of landscape material in excess of the minimum otherwise required by the CDC. The landscape plan includes a wide variety of shade, ornamental and palm trees (live oak, silver buttonwood, white Geiger tree, Mexican Fan Palm, Washingtonian Palm and sabal palm) and shrubs and ground covers (viburnum, Indian hawthorn, hibiscus, duranta, fl� lily and fountain grass). The buffers will be planted in such a manner as to create a lush tiered effect providing Community Development Board Apri129, 2013 FLD2013-02004 — Page 6 of 21 0 • : Clearwater Level II Flexible Development Application Review � .. .. .g. ,. . . . � PLANNING & DEVELOPMENT DEVELOPMENT REVIEW DIVISION adequate buffers between the subject property and adjacent rights-of-way and properties. In addition, aluminum picket-style fence four-feet in height will extend along the property line in the vicinity of the swimming pool and patio in the southwest quadrant of the site. In addition, a stucco-finished masonry wall four feet in height will partially surround the spa area at the southwest corner of the site. The proposed landscaping will support and complement landscaping in place on adjacent and nearby properties maintaining and enhancing the high aesthetic level of quality for which the Sand Key neighborhood of Clearwater is known. Solid Waste: Two trash rooms are provided within the building on the first floor and will each accommodate a pair of two cubic yard dumpsters. The dumpsters will be moved to a designated staging area along the south side of the shared access drive along the north side of the site within the parking lot. It should be noted that no parking spaces will be used or otherwise negatively impacted by the staging area. The dumpsters will be returned to the trash room after servicing. The proposal has been found to be acceptable by the City's Solid Waste and Fire Departments. Si�nage: The proposal indicates the location of a freestanding sign on Sheets L2.00 and L3.00 of the site plan. The details of the sign have not yet been determined however, the applicant has acknowledged that it is understood that signage will be addressed under separate building permits and will meet the requirements of CDC Article 3 Division 18. Comprehensive Plan: The proposal is in support of the following Goals, Objectives and/or Policies of the City's Comprehensive Plan as follows: Future Land Use Plan Element Objective A.1.2 — Population densities in the coastal storm areas are restricted to the maximum densiry allowed by the Countywide Future Land Use Designation of the property, except for specific areas identified in Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines, in which case densities identified in Beach by Design shall govern. All densities in the coastal storm area and shall be consistent with the Pinellas County Comprehensive Emergency Management Plan and the Regional Hurricane Evacuation Study. The proposal provides for 23 dwelling units where 23 units are permitted and is therefore consistent with the otherwise permitted density allowed by the Countywide Future Land Use Designation of CG. Policy A.2.2.2 - Residential land uses shall be sited on well-drained soils, in proximiry to parks, schools, mass transit and other neighborhood-serving land uses. The proposed residential use is located on a well-drained site close to parks (Clearwater Community Sailing Center, Sand Key Park, Pier 60, Clearwater Beach Library & Rec. Center/Pool, McKay Playfield and Mandalay Park) mass transit (PSTA T Route) and other neighborhood-serving land uses (restaurant, retail and other commercial uses). There are no schools located on Clearwater Beach. Therefore, the submittal supports this Policy. Community Development Board Apri129, 2013 FLD2013-02004 — Page 7 of 21 0 • � Clearwater Level II Flexible Development Application Review � ..,, �r� ._ . .. � PLANNING & DEVECOPMENT DEVELOPMENT REVIEW DIVISION Objective A.3.2 — 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 qualiry of development within the City; and Policy A.3.2.1 All new development or redevelopment of properry within the City of Clearwater shall meet all landscape requirements of the Communiry Development Code. Gulf Boulevard is designated as a Primary Scenic Corridor within Section 3-1203 of the CDC and within the Future Land Use Element (FLUE) of the City's Comprehensive Plan. Primary scenic corridors are those roadways expected to have enhanced landscape standards applied to properties along them. While the proposal does not provide the required buffer width along the east property line along Gulf Boulevard or along the south property line adjacent to the proposed pool patio the landscape design is demonstrably better than that as required by the minimum standards of Article 3 Division 12 of the CDC. The minimum buffer landscaping consists of a hedge and one shade tree every 35 feet. As mentioned previously, the proposed landscape plan provides for a tiered effect along the south and west sides of the site consisting of a mix of groundcovers, low- to medium-sized shrubs as well as shade, palm and ornamental trees. Therefore, the submittal supports this Objective and Policy. Objective A. S. S- Promote high qualiry design standards that support Clearwater's image and contribute to its identity. Policy A.5.5.1 Development should be designed to maintain and support the existing or envisioned character of the neighborhood. The proposal provides for a use permitted by the underlying CG FLUP classification and consistent with surrounding uses. In addition, the site design is consistent with and complements other development in the area along Gulf Boulevard and is consistent with the intent of the development parameters set by the Community Development Code with regard to setbacks and landscaping. Therefore, the proposal supports this Objective and Policy. Goal A. 6- The Ciry of Clearwater shall utilize innovative and flexible Planning and engineering practices, and urban design standards in Order to protect historic resources, ensure neighborhood Preservation, redevelop blighted areas, and encourage infill Development; and A.6.1 Objective - The redevelopment of blighted, substandard, inefficient andlor obsolete areas shall be a high prioriry and promoted through the implementation of redevelopment and special area plans, the construction of catalytic private projects, ciry investment, and continued emphasis on properry maintenance standards; and Objective A.6.4 — Due to the built-out character of the ciry of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Communiry Development Code; and Policy A.6.4.1 - The development or redevelopment of small parcels [less than one (1) acreJ which are currently receiving an adequate level of service shall be specifically encouraged by administration of land development and concurrency management regulatory systems as a method of promoting urban infill. As mentioned previously the site is irregularly shaped and spans three zoning districts and two FLUPs. The proposal includes the redevelopment of a vacant lot along one of the main Community Development Board Apri129, 2013 FLD2013-02004 — Page 8 of 21 o ! : Cllearwater Level II Flexible Development Application Review u r�m°,�... � PLANNING & DEVELOPMENT DEVELOPMENT REV�W DIVISION thoroughfares through Sand Key and Clearwater Beach with attached dwellings. The redevelopment of the site with a new building and with an updated and improved site plan including extensive landscaping is an appropriate reuse of the site. The proposal, which makes an efficient use of the site while emphasizing enhanced aesthetics (landscaping) and complementing surrounding uses (attached dwellings), is the sort of project envisioned as an appropriate recipient of flexibility from the minimum development parameters as provided by the above Goal, Objectives and Policy with regard to the size of the site (the developable portion of the site within the C district is less than one acre), its location within the urban service area and an attractive, compact redevelopment plan. Therefore, the proposal supports this Goal, two Objectives and Policy. Community Development Code: The proposal supports the general purpose, intent and basic planning objectives of this Code as follows: Section 1-103.B.1. Allowing properry owners to enhance the value of their property through innovative and creative redevelopment. The proposed attached dwelling use is consistent with the character of the area along Gulf Boulevard with regard to use and the proposal will result in a project consistent with elements of the Comprehensive Plan, as provided above. The proposal makes efficient use of an odd-shaped parcel. The proposed development is similar to the treatment other sites have received in the area vis-a-vis landscaping and other site improvements as mitigation to justify flexibility from certain the CDC requirements such as buffer width, building height and setbacks. Therefore, the proposal supports this Code section. 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 north, south and east include attached dwellings. The proposed development provides not only for a much greater amount of landscaping than exists but a landscape plan which provides for an appearance which will be demonstrably better than the minimum otherwise required by the CDC. It is likely that surrounding properties will have their values enhanced by the proposal. It is anticipated that the proposal will result in a positive impact on those surrounding properties. Therefore, the proposal supports this Code section. Section 1-103.B.3. Strengthening the ciry's economy and increasing its tax base as a whole. The proposal includes the redevelopment of an existing lot with an attached dwelling use with 23 dwelling units. As mentioned, the site has been the subject of two approved Flexible Development applications. However, the associated developments promised by each application failed to materialize. As such the site has sat vacant for years and has deteriorated in that time. The proposal will be consistent with the character of the area with regard to size, scope and scale as compared with other properties in the neighborhood. The proposal is expected to have a net increase in the tax base as a whole with the construction of a new attractive building with 23 dwelling units and the provision of landscaping in excess of the intent of the minimum standards of the CDC. It is largely beyond dispute that the City of Clearwater is largely built-out where the primary option for improvement is the redevelopment and/or refurbishing of existing sites and Community Development Board Apri129, 2013 FLD2013-02004 — Page 9 of 21 ° (��p�1�Tq} pt� � � PLANNING & DEVELOPMENT � ViVN�I t1fL1�\.l Level II Flexible Development Application Review nEVELOrMENr xEV�w nrvcsiox � � �� ��� _. buildings. This is especially true for the Sand Key neighborhood where the subject site is the only undeveloped parcel on the island. Therefore, the proposal supports this Code section. Section 1-103.D. It is the further purpose of this Development Code to make the beautification of the city a matter of the highest priority and to require that existing and future uses and structures in the city are attractive and well-maintained to the maximum extent permitted by law. The proposal includes a new 23-unit attached dwelling with landscape buffers or portions thereof that are less than the otherwise minimum required width. The applicant has demonstrated that the proposed building and site plan are more attractive than what is currently on the site and that the site and landscape plans are better that what would otherwise be required by the CDC to meet minimum standards. The proposal with regard to site, landscape and building design is consistent with other beautiiication efforts undertaken, encouraged and installed by the City and private property owners in the City as a whole and specifcally along Gulf Boulevard. As discussed above, Gulf Boulevard is a designated Primary Scenic Corridor. While a specific Corridor Plan has not been adopted the intent is clear in that properties along designated Scenic Corridors such as Gulf Boulevard are expected to provide landscaping at least consistent with the minimum standards set forth by the CDC if not more. The proposal includes a landscape design which is more attractive that that as required by the minimum standards of the CDC with regard to the numbers and arrangements of plant material. As mentioned previously, the proposed landscape plan provides for a tiered effect along the east side of the site consisting of a mix of groundcovers, low- to medium-sized shrubs as well as shade, palm and ornamental trees. Therefore, the proposal supports this Code section. The proposal supports the General Applicability requirements of this Code as follows: Section 3-914.A.1. The proposed development of the land will be in harmony with the scale, bulk, coverage, density and character of adjacent properties in which it is located. The proposal includes a 23-unit attached dwelling within a single seven-story building with six floors of living space above one floor of parking. The subject site is surrounded by attached dwellings in buildings ranging from nine to 16 stories. The proposal includes lush landscaping which exceeds the intent of the CDC and will complement and enhance surrounding properties. Therefore, the proposal supports this Code section. Section 3-914.A.2. The proposed development will not hinder or discourage development and use of adjacent land and buildings or significantly impair the value thereof. The proposal is, as discussed in relation to CDC Section 3-914.A.1, above, consistent with the character of adjacent properties. The applicant has shown through substantial competent evidence that the proposal is similar in nature vis-a-vis form and function to adjacent and nearby properties. As mentioned, this site is the only undeveloped property on Sand Key with all other properties and specifically adjacent properties fully developed primarily with attached dwellings. The proposal will not impair the value of adjacent properties. Therefore, the proposal is consistent with this CDC Section. Section 3-914.A.3. The proposed development will not adversely affect the health or safery of persons residing or working in the neighborhood. The proposal will likely have no effect, negative or otherwise, on the health or safety of persons residing or working in the neighborhood. Therefore, the proposal is consistent with this CDC Section. Community Development Board Apri129, 2013 FLD2013-02004 — Page 10 of 21 � Cle�rwater � Level II Flexible Development Application Review u . ��e�'" .. . . .. • PLANNING & DEVELOPMENT DEVELOPMENT REV�W DIVISION Section 3-914.A.4. The proposed development is designed to minimize traffic congestion. The proposal will likely have minimal effect, negative or otherwise, on traffic congestion. Uses otherwise permitted on the commercially zoned site including retail sales and service, restaurant and overnight accommodations typically generate more traffic than would be expected from the proposed 23-unit attached dwelling use. Therefore, the proposal is consistent with this CDC Section. Section 3-914.A.5. The proposed development is consistent with the community character of the immediate vicinity. As previously discussed, the community character consists primarily of multi-story attached dwellings with up to 16-stories. The proposal is for a 23-unit attached dwelling within a single seven-story building lower than surrounding buildings. The modern architectural style of the building combined with lush landscaping will complement and enhance adjacent properties. Therefore, the proposal is consistent with this CDC Section. Section 3-914.A.6. The design of the proposed development minimizes adverse effects, including visual, acoustic and olfactory and hours of operation impacts on adjacent properties. The design of the proposed development minimizes adverse visual and acoustic impacts on adjacent properties. There should be no olfactory impacts of any kind. The building will be situated along the west side of the site similarly to adjacent properties with surface parking along the east side of the site also similar to adjacent properties. The only active use area of the proposal will be the pool and patio area located at the southwest corner of the site. This area will be screened with fencing, a wall and landscaping and will be adjacent to surface parking located on the property adjacent to the south. Therefore, the proposal is consistent with this CDC Section. The proposal supports the specific Comprehensive Infill Redevelopment Project criteria of this Code as follows: Section 2-704.E. Comprehensive infill redevelopment projects. 1. The development or redevelopment is otherwise impractical without deviations from the use andlor development standards set forth in this zoning district. The site has largely sat vacant for approximately six years. Proposals to amend the zoning and FLUP classification have failed. Proposals to reestablish a restaurant use and establish overnight accommodations have not only failed to materialize but were controversial, divisive and contentious. These uses were seen by the public as incongruous with adjacent attached dwelling uses. The fact of the matter is that not only have efforts to amend the zoning and FLUP classifcation to match adjacent properties and, in fact, the larger surrounding neighborhood failed but efforts to establish uses consistent with the existing C district caused no small amounts of consternation and concern with many area residents. The logical conclusion is that (outside of prohibiting any development whatsoever on the subject site) only an attached dwelling (a use consistent with adjacent properties) but at a lower density than that of adjacent properties is acceptable. Surrounding uses are within the RH FLUP which permits up to 30 dwelling units per acre. As such, the 0.96 acre site (not including the portion of the site within the R/OS and P districts) would otherwise permit up to 28 dwelling units if it were in the same FLUP classification as all surrounding properties. Therefore, the current proposal which includes a single, seven-story building with 23 attached dwelling units Community Development Board Apri129, 2013 FLD2013-02004 — Page 11 of 21 �° • PLANNING & DEVELOPMENT Clearwater Level II Flexible Development Application Review � DEVELOPMENT REVIEW DIVISION � ��.� is a reasonably expected design solution. The proposed use is consistent with established uses on adjacent properties and is at a lower permitted density than those properties. Therefore, a reasonable conclusion is that the redevelopment of the site is otherwise impractical without deviations from the use and development standards as otherwise provided in the C district. Therefore, the proposal is consistent with this CDC Section. 2. The development or redevelopment will be consistent with the goals and policies of the Comprehensive Plan, as well as with the general purpose, intent and basic planning objectives of this Code, and with the intent and purpose of this zoning district. The redevelopment of the site will be consistent with a variety of Goals, Objectives and Policies of the City's Comprehensive Plan as well as with the general purpose, intent and basic planning objectives of the CDC as examined in detail previously in this document. Therefore, the proposal is consistent with this CDC Section. 3. The development or redevelopment will not impede the normal and orderly development and improvement of surrounding properties. As mentioned, all surrounding properties aze developed with attached dwellings between nine- and 16-stories. The proposal includes 23 attached dwellings within a building consisting of seven-stories. The proposal should have no impact on the ability of adjacent properties to redevelop or otherwise be improved. Therefore, the proposal is consistent with this CDC Section. 4. Adjoining properties will not suffer substantial detriment as a result of the proposed development. As discussed in detail, the proposal will include a lesser density and height as compared to adjoining properties and proposed attached dwellings are consistent with the uses established on surrounding properties. In addition, the placement of the building, accessory uses and parking is similar to adjacent properties. Therefore, the proposal is consistent with this CDC Section. S. The proposed use shall otherwise be permitted by the underlying future land use category, be compatible with adjacent land uses, will not substantially alter the essential use characteristics of the neighborhood; and shall demonstrate compliance with one or more of six objectives: 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; As mentioned previously, the CG FLUP classification permits residential uses at a density of 24 units per acre. The proposal includes attached dwellings at a density of 24 units per acres (23 units total). The proposal is consistent with and will not alter the essential use characteristics of the neighborhood which consist of attached dwellings taller than that proposed. As mentioned, a land use plan amendment and rezoning application was denied by the City Commission in 2000. The primary reason for denying a zoning and/or land use amendment application would be to prevent a spot zoning/land use designation. Since this application was denied it follows that the proposed rezoning and land use amendment constituted spot zoning/land use designation. Therefore, the proposal is consistent with this CDC Section. Community Development Board Apri129, 2013 FLD2013-02004 — Page 12 of 21 o (��p����J ♦p�. • : lilbA�l �1R1.�.1 Level II Flexible Development Application Review ua . PLANNING & DEVELOPMENT DEVELOPMENT REVIEW DIVISION 6. Flexibiliry with regard to use, lot width, required setbacks, height and off-street parking are justified based on demonstrated compliance with all of the following design objectives: a. The proposed development will not impede the normal and orderly development and improvement of the surrounding properties for uses permitted in this zoning district. As mentioned, surrounding properties are developed with attached dwellings and have a high pertnitted density than the subject site. The proposed attached dwelling use will be less intense than surrounding attached dwellings and will be contained within a lower building. The proposal will have no effect on the ability of surrounding properties to be redeveloped or otherwise improved. Therefore, the proposal is consistent with this CDC Section. b. The proposed development complies with applicable design guidelines adopted by the city. There are no design guidelines adopted by the City which are applicable to the subject site or the surrounding neighborhood. Therefore, this CDC Section is not applicable to the proposal. c. The design, scale and intensity of the proposed development supports the established or emerging character of an area. The proposal provides for a use identical to those uses established in the surrounding area only within a building lower than surrounding properties. In addition, the overall development potential vis-a-vis m�imum dwelling units per acre is less than surrounding properties. Therefore, the proposal is consistent with this CDC Section. 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. The architecture of the building provides for substantial articulation of the fenestration through the use balconies, railings, windows and a significant building offset which essentially bifurcates the overall building envelope. The longest horizontal building plane is approximately 56 feet in length with most other planes between eight and 16 feet in length. Therefore, the proposal is consistent with this CDC Section. e. The proposed development provides for appropriate buffers, enhanced landscape design and appropriate distances between buildings. The proposal provides for a building less intense than surrounding uses with regard to overall number of dwelling units, maximum development potential and height. The building location along the west side of the site is consistent with surrounding development patterns. The proposal includes a lush landscape which exceeds the Community Development Board April 29, 2013 FLD2013-02004 — Page 13 of 21 o • : Clearwater Level II Flexible Development Application Review u. ..a e _. � � . . � PLANNING & DEVELOPI�NT DEVEIAPMENT REVIEW DIVISION intent of the CDC. The proposed building will be approximately 150 feet away from the adjacent building to the south and approximately eight feet from the adjacent building to the north. It should be mentioned that the building to the north is located along the two site's common property line and includes building overhangs which extend over this property line and onto the subject site. Therefore, the proposal is consistent with this CDC Section. Section 4-206.D.4: Burden of proof. The burden of proof is upon the applicant to show by substantial competent evidence that he is entitled to the approval requested. The applicant has adequately demonstrated through the submittal of substantial competent evidence that the request is entitled to the approval requested as required by CDC Section 4- 206.D.4. 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 for Comprehensive Infill Development Projects as per CDC Tables 2-701.1 and 2-704: Standard Proposed Consistent Inconsistent Density 24 dwelling units 23 dwelling units X per acre (24 dwelling units per acre) Impervious Surface Ratio 0.90 0.63 X Minimum Lot Area N/A 59,956 square feet (1.38 acres); overall X site 41,975 square feet (0.96 acres); portion within the C district Minimum Lot Width N/A 88 feet X Minimum Setbacks Front: N/A 99 feet (to building) X� Ten feet (to pavement) Side: N/A North: Nine feet (to building) X� Zero feet (to pavement) South: Ten feet (to building) X� Four feet (to patio) Nine feet (to pool) Rear: N/A Zero feet (to building) Zero feet (to patio) Maximum Height N/A 68 feet (to roof structure) X� 86 feet (to rooftop architectural detail) Minimum N/A 2 spaces per dwelling unit (46 spaces) X Off-Street Parkin � See analysis in Sta„�%Report Community Development Board Apri129, 2013 FLD2013-02004 — Page 14 of 21 0 • � ClLearwater Level II Flexible Development Application Review u �t'�', t;:.. . . . • 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.E. (Comprehensive Infill Redevelopment Project): 1. The development or redevelopment is otherwise impractical without deviations from the use and/or development standards set forth in this zoning district. 2. The development or redevelopment will be consistent with the goals and policies of the Comprehensive Plan, as well as with the general purpose, intent and basic planning objectives of this Code, and with the intent and purpose of this zoning district. 3. The development or redevelopment will not impede the normal and orderly development and improvement of surrounding properties. 4. Adjoining properties will not suffer substantial detriment as a result of the proposed development. 5. The proposed use shall otherwise be permitted by the underlying future land use category, be compatible with adjacent land uses, will not substantially alter the essential use characteristics of the neighborhood; and shall demonstrate compliance with one or more of the following objectives: a. The proposed use is permitted in this zoning district as a minimum standazd, flexible standazd 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 azea that is chazacterized by other similar development and where a land use plan amendment and rezoning would result in a spot land use or zoning designation; or f. The proposed use provides for the development of a new and/or preservation of a working waterfront use. 6. Flexibility with regard to use, lot width, required setbacks, height and off-street parking are justified based on demonstrated compliance with all of the following design objectives: a. The proposed development will not impede the normal and orderly development and improvement of the sunounding 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 azea; 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.; ❑ Vaziety in materials, colors and textures; ❑ Distinctive fenestration patterns; ❑ Building stepbacks; and ❑ Distinctive roofs forms. e. T'he proposed development provides for appropriate buffers, enhanced landscape desiQn and appropriate distances between buildines. � See analysis in Sta,�'Report Community Development Boazd Apri129, 2013 FLD2013-02004 — Page 15 of 21 Consistent I Inconsistent X� X� X1 X� X1 0 • � Clearwater Level II Flexible Development Application Review u. :�. �e.=.z,. . . • PLANNING & DEVELOPMENT DEVELOPMENT REVIEW DIVISION COMPLIANCE WITH GENERAL APPLICABILITY STANDARDS: The following table depicts the consistency of the development proposal with the General Standards for Level One and Two approvals as per CDC Section 3-914.A: 1. The proposed development of the land will be in hazmony with the scale, bulk, 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 adjacent land and buildings or significantly impair the value thereof. 3. The proposed development will not adversely affect the health or safety of persons residing or working in the neighborhood. 4. The proposed development is designed to minimize traffic congestion. 5. The proposed development is consistent with the community character of the immediate vicinity. 6. The design of the proposed development minimizes adverse effects, including visual, acoustic and olfactorv and hours of operation impacts on adiacent properties. � See analysis in Sta,�`'Report Consistent � Inconsistent X X� X� X� X� X� COMPLIANCE WITH COMPREHENSIVE LANDSCAPE PROGRAM STANDARDS: The following table depicts the consistency of the development proposal with the Comprehensive Landscape Program as per CDC Section 3-1202.G: 1. Architectural theme. a. The landscaping in a comprehensive landscape program shall be designed as a part of the architectural theme of the principal buildings proposed or developed on the pazcel 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 amactive 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 automatically controlled so that the lighting is turned off when the business is closed. 3. Community character. The landscape treatment proposed in the comprehensive landscape program will enhance the community character of the City of Clearwater. 4. Property values. The landscape treatment proposed in the comprehensive 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 comprehensive landscape program is consistent with any special azea or scenic corridor plan which the City of Cleazwater has prepazed and adopted for the area in which the narcel vrovosed for develonment is located. � See analysis in Sta�j''Report Community Development Board Apri129, 2013 FLD2013-02004 — Page 16 of 21 Consistent X1 X X� X' NA Inconsistent NA o ��pr���n+ p� � ���1�.A�1 �►Al\.l Level II Flexible Development Application Review ° �..r..r�..�..��/y.. .e.x..t°..i ..... . . . . � PLANNING & DEVELOPMENT DEVELOPMENT REV�W DMSION SUMMARY AND RECOMMENDATION: The Development Review Committee (DRC) reviewed the application and supporting materials at its meeting of March 7, 2013 and deemed the development proposal to be legally sufficient, based upon the following findings of fact and conclusions of law: 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 1.38 acre site is located on the west side of Gulf Boulevard approximately 300 feet south of Marina Del Rey Court and approximately 1,100 feet north of the City limits line between Clearwater and Belleair; 2. That the subject site is located within the C(0.96 acres) and OS/R and P(0.42 acres) Districts; 3. That the subject property is located within the CG (0.96 acres) and Recreation/Open Space R/OS and Water (0.42 acres) FLUP categories; 4. That the developable portion of the site which provides any intensity of use including density and ISR consists of the 0.96 acres within the C district and CG FLUP category; 5. The subject site consists of one parcel with approximately 88 feet of frontage along Gulf Boulevard and 180 feet of frontage along the Gulf of Mexico; 6. 7. 8. E 10. 11. That the subject property is not located in a special plan area; The site is irregularly shaped, having previously been part of the Cabana Club residential property to the north as its clubhouse and "members only" restaurant for the condominiums, built in the early 1980s; That this parcel was conveyed separately in the early 1990s, litigated and determined to be a legal parcel, and has been operated as a public restaurant with no association to any hotel and with only 49 existing parking spaces until 2007 when it closed; That the City Council on September 21, 2000, denied a land use plan map amendment to change the land use category from Commercial General (CG) to Residential High (RH) and to rezone from Commercial (C) District to High Density Residential (HDR) District. A companion Flexible Development application to permit a 10-story (99-foot tall), 20-unit attached dwelling condominium project with the swimming pool located seaward of the Coastal Construction Control Line was subsequently withdrawn; That on November 19, 2002, the CDB approved a Flexible Development application to permit the re-establish of the restaurant use on this property, utilizing the existing setbacks to building and pavement, not only for guests of the hotel but open to the general public. This application included use of the pool and beach, and its restrooms and lockers, for guests of the Belleview Biltmore Hotel only; That on September 15, 2008, the CDB approved a Flexible Development application to permit a 38-room, 67-foot tall, boutique overnight accommodation use with accessory uses including a restaurant, pool, men and women's locker rooms, exercise room and beachfront cabanas with reductions in lot width and setbacks and an increase in height. The proposed hotel was to be operated by the same hotel operator as the Belleview Biltmore Hotel in the Town of Belleair, providing guests of the Belleview Biltmore Hotel with a beachfront experience on this property; Community Development Board Apri129, 2013 FLD2013-02004 — Page 17 of 21 : Cllearwater � Level II Flexible Development Application Review u&^F: v,. . �� � • PLANNING & DEVELOPMENT DEVELOPMENT REVIEW DIVISION 12. That the site was developed with a 10,502 square-foot building, with two stories over an open ground floor. The restaurant on the second and third floor was 7,054 square feet of enclosed floor area. There was an outdoor cafe on the third floor of 1,916 square feet overlooking the beach. A pool was adjacent to the restaurant building and that the pool, patio area and building were demolished in the middle of February 2013 (BCP2013-02147); 13. That there is an existing seawall, presently buried beneath the sand, located approximately 25 feet west of the northwest corner of the existing building/CCCL and approximately 50 feet from the CCCL in the southwest corner of the site. There is an existing perpetual easement for pedestrian passage located adjacent to the east side of the seawall. The subject property extends onto the beach area west of the seawall between 50 and 60 feet; 14. That the surrounding area is dominated by residential development in a built-out condition; 15. That the adjacent Cabana Club condominium building is located at a zero-foot setback on two sides with this site (a third boundary is less than required setbacks) and the condominium building roof eaves overhang the subject site; 16. That this site shares a common driveway with the Cabana Club condominiums, which will be maintained in its present location; 17. That the proposal is to construct a 23-unit attached dwelling with a height of 68 feet as measured from Base Flood Elevation to the top of the roof deck and 86 feet to the top of roof architectural embellishments and is subject to the requisite development parameters per Article 2 Division 7 of the CDC; 18. That the proposal includes front (east) setbacks of 99 feet (to building) and 10 feet (to parking), side (north) setbacks of nine feet (to building) and zero feet (to parking) and zero feet (to pavement including a sidewalk terminus and drive aisle), side (south) setbacks of 10 feet (to building and parking), nine feet (to swimming pool) and four feet (to patio), rear (west) setbacks as measured from the Coastal Construction Control Line (CCCL) of zero feet (to building and patio) and three feet (to pergola/trellis structure over the proposed spa/hot tub/fireplace, 46 parking spaces (including two handicap spaces) (two parking spaces per dwelling unit); 19. That the proposal includes a two foot building overhang (eve) to encroach seaward of the CCCL; 20. That the proposal includes a front (east) landscape buffer of 10 feet (to parking), a side (south) landscape buffer of four feet (to patio); and a reduction in the requisite number of canopy trees; 21. That both sand dunes and sea oats are resources protected by the State; and 22. That 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 pattern of development of the surrounding neighborhood; 2. That the proposal is consistent with applicable portions of the Comprehensive Plan including Future Land Use Plan Element Goal A.6 Objectives, , Objectives A.1.2, A.3.2, A.5.5, A.6.1 and A.6.4 and Policies A.2.2.2, A.3.2, A.3.2.1, A.5.5.1 and A.6.4.1; 3. That the proposal consistent with the general purpose, intent and basic planning objectives of the Community Development Code Sections 1-103.B.1 — 3 and D; Community Development Board Apri129, 2013 FLD2013-02004 — Page 18 of 21 o • : Clearwater Level II Flexible Development Application Review � �v�ee • PLANNING & DEVELOPMENT DEVELOPMENT REVIEW DIVISION 4. That the development proposal is consistent with the Flexibility criteria as per Section 2- 704.E of the Community Development Code; 5. That the development proposal is consistent with the General Standards for Level One Approvals as per Section 3-914.A of the Community Development Code; 6. That the development proposal is consistent with the Flexibility criteria for a Comprehensive Landscape Program CDC Section 3-1202.G; and 7. That the application is consistent with the requirement for the submittal of substantial competent evidence as per CDC Section 4-206.D.4. Based upon the above, the Planning and Development Department recommends APPROVAL of the Flexible Development application to permit 23 attached dwellings with a height of 68 feet as measured from base flood elevation to the top of the roof deck (86 feet to the top of architectural roof embellishment features), front (east) setbacks of 99 feet (to building) and 10 feet (to parking), side (north) setbacks of nine feet (to building) and zero feet (to parking) and zero feet (to pavement including a sidewalk terminus), side (south) setbacks of 10 feet (to building and parking), nine feet (to swimming pool) and four feet (to patio), rear (west) setbacks as measured from the Coastal Construction Control Line (CCCL) of zero feet (to building and patio) and three feet (to pergola/trellis structure over the proposed spa/hot tub/fireplace, 46 parking spaces (including two handicap spaces) (two parking spaces per dwelling unit) in the Commercial (C) District as a Comprehensive Infill Redevelopment Project, under the provisions of Community Development Code (CDC) Section 2-704.E; to permit a two foot building overhang (eve) to encroach seaward of the CCCL, under the provisions of CDC Section 3-905 and to reduce the front (east) landscape buffer from 15 feet to 10 feet (to parking), reduce the side (south) landscape buffer from 10 feet to four feet (to patio) and to modify the required number of shade trees from 40 canopy trees (or as otherwise provided via accent/palm trees) to 24 canopy trees as part of a Comprehensive Landscape Program under the provisions of 3-1202.G subject to the following conditions: Conditions of Approval: General/Miscellaneous Conditions 1. That the final design and color of the building be consistent with the elevations approved by 2 �� C� the CDB; That all signage be reviewed and approved pursuant to the City's sign ordinance and that the maximum square footage of any freestanding signs be limited to the minimutn permitted by the CDC with regard to area, height and number without the opportunity to apply for a Comprehensive Sign Program and that such signage be designed to match the exterior materials and color of the building; That issuance of a development permit by the City of Clearwater does not in any way create any right on the part of an applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the City for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law; That all other applicable local, state and/or federal permits be obtained before commencement of the development; Community Development Board Apri129, 2013 FLD2013-02004 — Page 19 of 21 ° ater • li ' n R view : Vi�Al �t Level II Flexible Development App cado e u � PLANNING & DEVELOPMENT DEVELOPMENT REVIEW DMSION Timing Conditions - items required prior to issuance of Building Permit 5. That application for a building permit be submitted no later than April 16, 2014, unless time extensions are granted pursuant to CDC Section 4-407; 6. That sea-turtle friendly light iixtures be employed with the site design, with compliance demonstrated on plans acceptable to the Environmental Engineering Division, prior to the issuance of building permits; 7. That a drainage easement be in place or that a temporary construction agreement to tie into the stormwater pipe on the Cabana Club property immediately to the north of the subject site be recorded with the Clerk of the Court and that evidence of same be submitted to Staff prior to the issuance of a building permit; 8. 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 iire pump is required, then the water supply must be able to supply 150 percent of its rated capacity; 9. That prior to the issuance of any building permits the details of the dumpster screen are submitted to and approved by Staff. The dumpster screen is required to match the fit and finish of the building; 10. That prior to the issuance of any building permits a final landscape plan which indicates the location of all underground utilities is submitted to and approved by Staff; 11. That prior to the issuance of any building permits the location and visibility of electric equipment (electric panels, boxes and meters) be reviewed and, if located exterior to the building where visible from any street frontage, be shown to be painted the same color as the portion of the building to which such features are attached; 12. That prior to the issuance of any permits a final landscape plan which clearly shows all underground utilities on and adjacent to the site be submitted to and approved by Staff; 13. That prior to the issuance of any permits, any applicable Public Art and Design Program Impact Fees be paid; 14. That prior to the issuance of any permits, any applicable Parks and Recreation impact fees be paid; 15. That prior to the issuance of any permits all sub-standard sidewalks and sidewalk ramps adjacent to or a part of the project shall be shown on plans to be improved to meet the requirement of Local, State and/or Federal standards including A.D.A. requirements (truncated domes per FDOT Index #304); 16. That no work beyond the Coastal Construction Control Line (CCCL) shall commence prior to issuance of permits from both the City of Clearwater and the FDEP; 17. That sand dunes and sea oats may not be removed, trimmed or altered prior to the issuance of all required permits from the Florida Department of Environmental Protection Bureau of Beaches and Coastal Systems; 18. That prior to the issuance of any permit, all requirements of the General, Stormwater and Traffic Engineering and Fire Departments be addressed; Community Development Board Apri129, 2013 FLD2013-02004 — Page 20 of 21 0 ('�p���n} • : VivA,l �t81��� Level II Flexible Development Application Review u .. .�#^�" . • PLANNING & DEVELOPMENT DEVELOPMENT REVIEW DIVISION Timing Conditions - items required prior to issuance of Certificate of Occupancy 19. That a drainage easement agreement with the Cabana Club property immediately to the north of the subject site be recorded with the Clerk of the Court and that evidence of same be submitted to Staff prior to the issuance of a Certificate of Occupancy; and 20. That prior to the issuance of Certificate of Occupancy that all required Transportation Impact Fees be paid. __--- �.� Prepared by Planning and Development Department Staff: � -- -' J A1"TACHMENTS: Photographs Mark T. Parry, AICP, Planner III Community Development Board Apri129, 2013 FLD2013-02004 — Page 21 of 21 � MARK T. PARRY 1655 Linwood Drive Tel: (727) 742.2461 Clearwater, FL 33755 E-mail: mparry@tampabay.rr.com SUMMARY OF QUALIFICATIONS A dedicated, AICP certified professional Planner focused on contributing to the field of Urban Planning experienced in public and private sector planning. An excellent communicator, able to effectively interact with clients, local government officials and business professionals at all levels. Experienced in various aspects of urban design and planning, zoning regulations and permitting. OBJECTIVE To secure a Planning position which will allow me to continue improving the built environment and my community through sound and innovative planning and design principals. EDUCATION COOK COLLEGE, RUTGERS UNIVERSITY, New Brunswick, NJ B.S. Landscape Architecture Major, Urban Planning Certification B.S. Environmental Planning and Design Certificate Urban Planning Go/den Key National Honor Society; Sigma Lambda A/pha American Planning Association (Florida Chapfer); member AICP #020597 40-hour OSHA (Hazwoper) Training PLANNER III PLANNING DEPARTMENT, CITY OF CLEARWATER 04/12 - Present 08/98 — 04/05 • Responsible for nonresidential and single/multi-family site plan review and permitting. • Assist in the implementation and subsequent review of the Community Development Code. • Responsible for assessing and writing Community Development Code amendments. • Land Development Code development, interpretation and application. • Provide, inspect and direct landscape review/design. • Acting Development Review Manager 9/99 —11/99 and 01/05 — 03/05. • Manage and direct Associate Planners. • Review, process and present variance/conditional use, land use/zoning atlas amendment and annexation applications at in-house and public review meetings. • Principle Planner in creating and implementing Cleanivater's Downtown Design Guidelines. Assisted in the implementation and application of the Clearwater powntown Redevelopment Plan. Senior Planner DEVELOPMENT & ENVIRONMENTAL SERVICES, CARDNO TBE 04/05 — 04/12 • Planner of record for Cities of Indian Rocks Beach, Seminole and Clearwater and Town of Belleair. • Responsible for nonresidential and single/multi-family site plan review and permitting. • Perform site design and inspections. • Provide technical planning support for engineering department. • Provide support for Zoning Code, Comprehensive Plan, Zoning and Land Use Plan amendments. � Research and write Evaluation and Appraisal Reports. • Create and update Special Area Plans/Form-based Codes. • Provide CADD support. • Assist with creating redevelopment marketing material. • Perform technical environmental services including soil and groundwater sampling. Designer/Owner GREEN�ES-GLD, MARLBORO, NJ • 9/92 - 6/98 • Founded and established a local garden and landscape business. • Plan and oversee installation of commercial and residential landscaping projects utilizing a variety of CADD and photo-manipulation programs. • Develop and implement advertising programs, brochures and graphics. • Estimate, bid and negotiate jobs. • Source and negotiate purchase of materials and equipment. • Manage, train and schedule installation crews. Program Supervisor LONGSTREET FARM, MONMOUTH COUNTY PARK SYSTEM, HOLMDEL, NJ • Assisted in formulating and running children's summer program ("Hayseed"). • Created and coordinated daily programs and schedules for 6-9 year old groups. • Supervised several other programs throughout the year. • Created a demand which was finrice the program's capacity after the first year. COMPUTER SKILLS 6/87 - 8/93 Access, Microsoft Office, Microsoft Works, ClarisWorks, MS Word, Land Designer Pro, Permit Plan, Excel, Cornerstone, AutoCADD, PowerPoint, Publisher .� � � 1590 GULF BLVD ' FLD2013-02004 1 LL Taub Entities, LLC o ��� Zoning: Con-imercial � , U . SEE ATTACHED Planning & Development Department t'aS #: 3, �A Development Application AtL[tCneu ���.,�....,�S, Mixed-Uses orNon-Residential Uses IT IS INCUMBENT UPON THE APPLICANT TO SUBMIT COMPLETE AND CORRECT INFORMATION. ANY MISLEADING, DECEPTIVE, INCOMPLETE OR INCORRECT INFORMATION MAY INVALIDATE YOUR APPLICATION. ALL APPLICATIONS ARE TO BE FILLED OUT COMPLETELY AND CORRERLY, AND SUBMITTED IN PERSON (NO FAX OR DELIVERIES) TO THE PLANNING & DEVELOPMENT DEPARTMENT BY NOON ON THE SCHEDULED DEADLINE DATE. A TOTAL OF 11 COMPLETE SETS OF PLANS AND APPLICATION MATERIALS (1 ORIGINAL AND 10 COPIES) AS REQUIRED WITHIN ARE TO BE SUBMITTED FOR REVIEW BY THE DEVELOPMENT REVIEW COMMITTEE. SUBSEQUENT SUBMITTAL FOR THE COMMUNITY DEVELOPMENT BOARD WILL REQUIRE 15 COMPLETE SETS OF PLANS AND APPLICATION MATERIALS (1 ORIGINAL AND 14 COPIES). PLANS AND APPLICATIONS ARE REQUIRED TO BE COLLATED, STAPLED AND FOLDED INTO SETS. THE APPLICANT, BY FILING THIS APPLICATION, AGREES TO COMPLY COMMUNITY DEVELOPMENT CODE. PIRE DEPT PRELIMARY SITE PLAN REVIEW FEE: $200 APPLICATION FEE: $1,205 PROPERTY OWNER (PER DEED): MAILING ADDRESS: PHONE NUMBER: EMAIL: AGENT OR REPRESENTATIVE: MAILING ADDRESS: PHONE NUMBER: EMAIL: ADDRESS OF SUBJECT PROPERTY: PARCEL NUMBER(S): LEGAL DESCRIPTION: PROPOSED USE(S): DESCRIPTION OF REQUEST: Specifically identify the request (include all requested code flexibility; e.g., reduction in required number of parking spaces, height, setbacks, lot size, lot width, specific use, etc.J: OF THE Planning 8� Development Department, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727-562-4567; Fax: 727-562-4865 Page 1 of 8 Revised 01/12 ,.. �� . ° 1 arwater ��e U • '`"—'Ptamm�� g'�T'Se-ve opment Department Flexible Development Application Data Sheet PLEASE ENSURE THAT THE FOLLOWING INFORMATION IS FILLED OUT, IN ITS ENTIRETY. FAILURE TO COMPLETE THIS FORM WILL RESULT IN YOUR APPLICATION BEING FOUND INCOMPLETE AND POSSIBLY DEFERRED UNTIL THE FOLLOWING APPLICATION CYCLE. ZONING DISTRICT: FUTURE LAND USE PLAN DESIGNATION: EXISTING USE (currently existing on site): . PROPOSED USE (new use, if any; plus existing, if to remain): SITE AREA: sq. ft. GROSS FLOOR AREA (total square footage of all buildings): Existing: sq. ft. Proposed: sq.ft. Maximum Allowable: sq. ft. acres GROSS FLOOR AREA (total square footage devoted to each use, if there will be multiple uses): First use: sq. ft. Second use: sq. ft. Third use: sq. ft. FLOOR AREA RATIO (total square footage of all buildings divided by the total square footage of entire site): Existing: Proposed: Maximum Allowable: BUILDING COVERAGE/FOOTPRINT (1't floor square footage of all buildings): Existing: sq. ft. ( % of site) Proposed: sq. ft. ( % of site) Maximum Permitted: sq. ft. ( �o of site) GREEN SPACE WITHIN VEHICULAR USE AREA (green space within the parking lot and interior of site; not perimeter buffer): Existing: sq. ft. ( % of site) Proposed: sq. ft. ( �o of site) VEHICULAR USE AREA (parking spaces, drive aisles, loading area): Existing: sq. ft. ( Propased: sq.ft. ( % of site) % of site) Pianning 8 Development Department, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727-562-4567; Fax: 727-562-4865 f`, Page 2 of 8 Revised 01112 , d �U� i� �1 �rl �� �4 �`�� FEB 0 � 2013 � ( ! F'L��rWING S n�''.•'EI.O?t�1�NT �EFT IMPERVIOUS SURFACE RATIO (total square footage of impervious areas divided by . Existing: Proposed: Maximum Permitted: DENSITY (units, rooms or beds per acre) Existing: Proposed: Maximum Permitted: OFF-STREET PARKING: Existing: Proposed: Minimum Required: 0 BUILDING HEIGHT: Existing: Proposed: Maximum Permitted: WHAT IS THE ESTIMATED TOTAL VALUE OF THE PROJECT UPON COMPLETION? $ ZONING DISTRICTS FOR ALL ADJACENT PROPERTY: North: South: East: West: STATE OF FLORIDA, COUNTY OF PINELLAS I, the undersigned, acknowledge that all Sworn to and subscribed before me this day of representations made in this application are true and accurate to the best of my knowledge and authorize . to me and/or by City representatives to visit and photograph the , who is personally known has property described in this application. produced as identification. Signature of property owner or representative Notary public, . My commission expires: Planning & Development Department, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727-562-4567; Fax: 727-562-4865 Page 3 of 8 Revised 01/12 � , ., p'' • �(:� � � �'' � - � �- �_ ; � � i� �FEg 0� 2013� � . �,. ..- � � , _ LL F�t.�.r�rn�c� � o� : r.+.c,�nt. fJT :CF' artment o �Plannf �EDf�'b'� p } Clearwater ll�atlo � Flexible Development App n � Site Plan Submittal Package Check list IN ADDITION TO THE COMPLETED FLEXIBLE DEVELOPMENT (FLD) APPLICATION, ALL FLD APPLICATIONS SHALL INCLUDE A SITE PLAN SUBMITTAL PACKAGE THAT INCLUDES THE FOLLOWING INFORMATION AND/OR PLANS: �;` 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 Application Flexibility Criteria sheet shali be used to provide )these responses. � Responses to the General Applicability criteria set forth in Section 3-914.A. The attached Flexible Development Application General Applicability Criteria sheet shall be used to provide these responses. �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 public and private easements including official records book and page numbers and street right(s)-of-way within and adjacent to the site. -f3• 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 4-202.A.5. �61 If this application is being submitted for the purpose of a boatlift, catwalk, davit, dock, marina, pier, seawall or other similar marine structure, then the application must provide detailed plans 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 private and commercial 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 shall be included with individual sheet numbers referenced thereon. ,,� North arrow, scale, location map and date prepared. -E3 Identification of the boundaries of phases, if development is proposed to be constructed in phases. � Location of the Coastal Construction Control Line (CCCL), 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. �I Location and dimensions of vehicular and pedestrian circulation systems, both on-site and off-site, with proposed points .� of access. 1� Location of all existing and proposed sidewalks, curbs, water lines, sanitary sewer lines, storm drains, fire hydrants and seawalis 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. ❑ Ali adjacent right(s)-of-way, with indication of centerline and width, paved width, existing median cuts and intersections and bus sheiters. ❑ Dimensions of existing and proposed lot lines, streets, drives, building lines, setbacks, structural overhangs and building separations. � Building or structure elevation drawings that depict the proposed building height and building materials. �I�J �+� Planning & Development Department, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727-562-4567; Fax: 727-562-4865 Page 4 of 8 Revised 01/72 l • c ���,�� � �� �� � r FEB 0� 2013 ►�� i ❑ Typical floor plans, including floor plans for each floor of any parking garag�. F'i.�IVNi;�iG & D�': r.�.QPivi��lT �CFi � ❑ Demolition plan. ' t':I�Y�F�y'"F1nV'u'�_,FF2._,_,_ ❑ 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 50% (excluding 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. ❑ A tree survey showing the location, 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 all 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. ❑ A Traffic Impact Study shali be required for all proposed developments if the total generated net new trips meet one or more of the following conditions: ' ■ Proposal is expected 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 leveis; 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 the 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 plan 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 plan 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 current records, or if an amendment is required to an existing approved site plan; or a parking lot requires additional 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 ail existing and proposed landscape materials, including botanical and common names. ❑ Existing trees on-site and immediately adjacent to the site, by species, size and location, including drip line. �i1 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. �] Location of existing and proposed structures and improvements, including but not limited 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. ❑ Drainage and retention areas, including swales, side slopes and bottom elevations. ❑ Delineation and dimensions of all required perimeter landscaped buffers including sight triangles, if any. Planning 8 Development Department, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727-562-4567; Fax: 727-562-4865 y` Page 5 of 8 Revised 01/12 � � ����� �t� � j FEB 01 2013 ; � � F��r�N��G s n��: ��.a�,���L �a �_ _=c� � o �nm"g"�`Qeveiopment� artment �} Cl�ar�ater Flexible Develo}u� ment A lication r r pp � General Applicability Criteria PROVIDE COMPLETE RESPONSES TO EACH OF THE SIX (6) GENERAL APPLICABILITY CRITERIA EXPLAINING HOW, IN DETAII, 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. 2. The proposed development will not hinder or discourage the appropriate development and use of adjacent land and buildings or significantly impair the value thereof. 3. The proposed development will not adversely affect the health or safety or persons residing or working in the neighborhood ofthe proposed use. 4. The proposed development is designed to minimize traffic congestion. 5. The proposed development is consistent with the community character of the immediate vicinity of the parcel proposed for development. 6. The design of the proposed development minimizes adverse effects, including visual, acoustic and olfactory and hours of operation impacts, on adjacent properties. 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 y'� LJ �. ° �l�ar�vat�r � U �l���l� i�i ��� ' i� FEB 01 2013 ��, PLANNI;�G &'L��': t;`•_C�Pi�ti.�JT :CF7 Flexible Development Application Flexibilitv Criteria PROVIDE COMPLETE RESPONSES TO THE APPLICABLE FLEXIBILITY CRITERIA FOR THE SPECIFIC USE(5) BEING REQUESTED AS SET FORTH IN THE ZONING DISTRICT(5) IN WHICH THE SUBJECT PROPERTY IS LOCATED. EXPLAIN HOW, IN DETAIL, EACH CRITERION IS BEING COMPLIED WITH PER THIS DEVELOPMENT PROPOSAL (USE SEPARATE SHEETS AS NECESSARY). 1. 0 2. 3 a. �� 6. r� s. Planning 8 Development Department, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727-562-4567; Fax: 727-562-4865 Page 7 of 8 Revised 01/12 � ,, • � L�, l�i �� I i ;`j [!; I t; I �? I� i �I� �EB 0 � 2013 i ►� � ....�� ,~ L .�'� � ...� � � F'LCNIJIN� & D�'�EI.C:�fi4i:.�JT:�EwT o Plan ' ' ���part,�nent ������rwater Flexible Develo ment A lication � p pP � Affidavit to Authorize Agent/Represeritative 1. Provide names of all property owners on deed — PRINT full names: 2. That (I am/we are) the owner(s) and record title holder(s) of the following described property: 3. That this property constitutes the propert'y for which a request for (describe request): 4. That the undersigned (has/have) appointed and (does/do) appoint: 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 Clearwater, 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 City representatives to visit and photograph the property described in this application; 7. That (I/we), the undersigned authority, hereby certify that the foregoing is true and correct. Property Owner Property Owner Property Owner Property Owner STATE OF FLORIDA, COUNTY OF PINELLAS I BEFORE ME THE UNDERSIGNED, AN OFFICER DULY COMMISSIONED BY THE LAWS OF THE STATE OF FLORIDA, ON THIS DAY OF , , PERSONALLY APPEARED WHO HAVING BEEN FIRST DULY SWORN DEPOSED AND SAYS THAT HE/SHE FULLY UNDERSTANDS THE CONTENTS OF THE AFFIDAVIT THAT HE/SHE SIGNED. I Notary Seal/Stamp Notary Public Signature My Commission Expires: Planning 8 Development Department, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727-562-4567; Fax: 727-562-4865 Page 8 of 8 Revised 07/12 - � �l`' • PROPERTY OWNER (PER DEED): MAILING ADDRESS: PHONE NUMBER: EMAIL: AGENT OR REPRESENTATIVE: MAILING ADDRESS: PHONE NUMBER: EMAIL ADDRESS OF SUBJECT PROPERTY PARCEL NUMBER(S): LEGAL DESCRIPTION: PROPOSED USE(S) • Flexible Development Application Attached Dwellings Taub Entities, LLC 921 Anchoraee Road, Tampa, FL 33602 �813) 763-8828 Taubventures (cr��verizon,net Curts Gaines Hall Jones Architects Inc. (Robert D. Hall, AIA) 1213 E. 6`� Avenue, Tampa, FL 33605 �813) 228-8000 bob(a�c�hi architects.com 1590 Gulf Boulevard Clearwater, FL 33767 19-29-15-00000-340-0110 See Attached Survey Cover Sheet Comprehensive Infill RedeveloQment Pr�ect — Attached Dwellin�s � j ...._ _.._ _ �`,�,.`_'� w , �-, +�.-�j �� �; � `- i'c } iu M G 1_". V l.. E,`_� r � J. � , � N � <'� y,. �,_-�.`�.�� .— �l,U�' 4 d;: ; � p:�',� � �'�;�� � ' V � `>'' I ��R�;� ��� `" �`� 1��.-``�:� _:.-� _`.i '� '� ;.� DESCRIPTION OF REQUEST: Flexible Development a�plication to permit attached dwellin�s with 23 dwellin� Specifically identify the request (include all units with a height of 67'-4" as measured from the base flood elevation to the ton of requested code,jlexibiliry; e.g., reduction in the roof deck (81'-0" to t� of west & 86'-3" to top of east, architectural roof required number of parking spaces, height, embellishment features) front (east) setbacks of 98'-7" (to buildin�,) and 10 feet (to setbacks, lot size, lot width, specific use, parking side (north) setbacks of 9 feet (to building) and 7 feet (to narkin�) and 0 etc.): feet (to pavement includin� a drive-aisle side south) setbacks of 10 feet (to buildin� and 10 feet (to uarkin�) 9 feet (to swimming_pool) and 4 feet (to natiol. rear (west) setbacks (as measured from the Coastal Construction Control Line) of 0 feet (to building and �atio) and 3 feet (to ner�olaltrellis structure over the nronosed spa/hot tub/fire-place 46 parking, svaces (includin� 2 handicap spaces) (2 parking �acesper dwellinp unit) in the Commercial District (C) as a Comnrehensive Infill Redevelopment Project under the provisions of Community Develonment Code �CDCI Section 2-704 E and to reduce the front (east landscape buffer from 15 feet to 10 feet (to parkin�) reduce the side (south) landscape buffer from 10 feet to 4 feet (to �atio as part of a Comprehensive Landscape Pro�am under provisions of 3-1202-G. Page 1 of 8 ZONING DISTRICT: C� FUTURE LAND USE PLAN DESIGNATION: EXISTING USE (currently existing on site): � Flexible Development Application Data Sheet Commercial District "C" (C) / OSR&P Hi�h DensitYResidential (HDR) / OSR&P Commercial General (CG) Water & Recreation Open Snace (R/OSl PROPOSED USE (new use, if any; plus existing, if to remain): Comprehensive Infill Redevelopment Project - Attached Dwellin�s SITE AREA: 59 956 sq ft Overall Parcel (OA) / 41 975 sq. ft. Commercial (Cl 1 376 acres (OAl /.96 acres (C) .41 (OSRPI GROSS FLOOR AREA (total square footage of all buildings): Existing: 14,013 sa ft. Proposed: 74,558 sa ft. Maximum Allowable: n/a sq. 8. GROSS FLOOR AREA (total square footage devoted to each use, if there will be multiple uses) First Use: 74,558 sq. ft. Second Use: n/a sq. ft. Third Use: n/a sq. 8. FLOOR AREA RATIO (total square footage of all buildings divided by the total square footage of entire site): Existing: .23 (OA) / .33 (C) Proposed: 1.22 (OAZ/ 1.75 (C) Maximum Allowable: .55 (C) / n/a - Flexible Development (FD) BUILDING COVERAGE/FOOTPRINT (1�` floor square footage of all buildings): Exiting: 14,013 sq. ft. �23% of site (OA) / 33% of site (Cl 1 Proposed: 13,927 sq. ft. �23% of site (OA) / 33% of site (Cl 1 M�imum Permitted: n/a ��� � ¢ .:_ _�, t�_ !; t i � r ; L'"" — � � y. � ,� � �� � t .L� � ' -'�� � � � 'J `__ .. � � �, «< , ja, t._.�,, �9 � �v � <( i `i� _ �,:�.s �.�t v—=� �n ,!� c�5� �'�r � �' �:at„� � �. � � �'�,h'� � � .� � �,<<r�,�" , '� "�------d.�-=--�,.�" ��. ; ��� .,,`.��v ' � 9 GREEN SPACE WITHIN VEHICULAR USE AREA (green space within the parking lot and interior of site; not perimeter buffer): Existing: 2.794 sq. ft. (5% of site (OA) / 7% of site (Cl 1 Proposed: 2,306 sq. ft. (4% of site (OAl / 6% of site (Cl 1 VEHICULAR USE AREA (parking spaces, drive isles, loading area): Existing: 18,360 sq. ft. (31% of site (OAl / 44% of site (Cl 1 Proposed: 11,868 sq. ft. (20% of site (OA) / 28% of site (C) ) IMPERVIOUS SURFACE RATIO (total squaze footage of impervious areas divided by the total square footage of entire site): Existing: 54% (OA) / 77% (C) Proposed: 44% (OA /��) Maximum Permitted: 90% (C) / n/a (FD) DENSITY (units, rooms or beds per acre) Existing: 24 DU/AC (Cl / n/a (FD) Proposed: 24 DU/AC (C) x.96 Acres = 23 Dwelling Units MaYimum Permitted: 24 DU/AC *(Underl�g Future Land Use Desi ng ationl Page 2 of 8 • BUILDING HEIGHT: Existing: 3 Stories (+/- 35 ft.) Proposed: 7 Stories (74'-0") Maximum Permitted: n/a (FD) OFF-STREET PARKING Existing: 45 spaces (42 reg. + 3 HC) Proposed: 46 spaces (44 re�. + 2 HC) (23 covered + 23 uncovered� Minimum Required: 46 spaces _, 2/LTnit (2 HC min.) • WHAT IS THE ESTIMATED TOTAL VALUE OF THE PROJECT UPON COMPLETION? ZONING DISTRICTS FOR ALL ADJACENT PROPERTY: North: Hi ng Densitv Residential District (HDR) South: High Density Residential District (HDR� East: Hi�h Density Residential District (HDR) West: Open Space Recreation & Preservation (Gulf of Mexico� STATE OF FLORIDA, COUNTY OF PINELLAS I, the undersigned, acknowledge that all representations made in this application are true and accurate to the best of my knowledge and authorize City representatives to visit and photo aph the property described in this application. ignatur o property owner or r�esentative Sworn to and subscribed before me this /� r day of ��� R U 1� �y , 2013, to me and/or by � , who is personallv known has produced as identification. J � Notary ubl' Page 3 of 8 6.65 M ��ti ��' �,,.,1 JOAN M. MiLLER � �'� �y Pu01k - Sbte ol flprid� a '3 � Comm. Expins Apr 1?. 20/3 �'�' Commltslon Ar ''��,q; ;;�.�•'� DO t62,09 BondM � M� �+►f� Man. . • s Flexible Development Application General Applicability Criteria The proposed development of the land will be in harmony with the scale, bulk, coverage, density and character of adjacent properties in which it is located. The proposed develo�ment is of a lesser scale bulk covera�e and densitv than that of all the adiacent properties althouQh it is of similar character and the same use. As a Residential Condominium with onlv 7 stories of current-market beach front des�n it will be completely harmonious with its 8, 11 and 16 storv neighbors Although the neiphbarhood displavs a varietv of scale, bulk, coverage, densitv and character the proposed project's architecture is a�propriatel�distinctive from vet harmonious with its nei bors. 2. The proposed development will not hinder or discourage the appropriate development and use of adjacent land and buildings or significantly impair the value thereof. The proposed devel�ment is on the last and onlv development parcel and based on its total comnatibilitv of use size and character will onlv enhance the value and future redevelopment potential of all adjacencies. Further all surroundin� uses to the north south and east are attached dwellinps and have lone since been developed. 3. The proposed development will not adversely affect the health or safety or persons residing or working in the neighborhood of the proposed use. The proposed development will not adversely affect the health safety of the neighborhood in that it is an arrarherl riwPll;no ncP cnrrn,mr�Prl hv attache�l c�wellinn nces �nlv at a scale and scone less than surround' ��� ��` �^ ��""""'� developments. 4. The proposed development is designed to minimize traffic congestion. The proposed development will utilize existing vehicular accesspoints that will be im�roved with resurfacing repavin� and concrete paver enhancements. The existin� cross access easements with the propertyto the north will be completelv honored. The proposed development is consistent with the community character of the immediate vicinity of the parcel proposed for development. —!�' .:.. �....._ _ ;... � �_'.' r.a � –�.�',._ . � -� ce'; .; M �;��L. r-"=I � � .;::;;L'ti � ' N i��, �� u� — ,� � ;,� y � � � �\� ; � „- ; : �: � �---_-•� ..._ i r § �� � � il._=`'`,� Q a ^-?t�3 R� * � �Lr__��� � ?f-9 �t � •_... �.._ _! ; r ,i Although the developments in the immediate vicinitv have long since been completed a consistent --_—__ .__' _ �_,_ `''_.:� characteristic is their contem�orary architecture with the exception of the parcel to the immediate north, which is stYlistic and in keepine with a"Grande Florida" theme similar to the famous and historic Biltmore Hotel for which it was desig,ned to mimic. The proposed development improves upon those diverein� characteristics with an architectural design that is both contempararv and thematia The "Nautical" or "Ocean Liner" architectural aesthetic inherent in the proposed development blends a consistene ��of architectural character of the Sand Kev Communitv. It is also consistent in that it is a waterfront condominium setback from Gulf Boulevard in a similar and respectful manner. 6. The design of the proposed development minimizes adverse effects, including visual, acoustic and olfactory and hours of operation impacts, on adjacent properties. The proposed developmentprovides for boundarv landscape buffering in excess of the surroundin� properties, therebv screening t�possible adverse effect of the surface �arking. The proposed development's buildin�ght and footprint are less than that of the surroundin�parcels, reducin� any adverse effect of a development that could be taller and larger in bulk than its neighbors. The proposed residential use is consistent with the surrounding uses thereby minimizing �v adverse effects of the existin� commercial use in terms of eliminatin� olfactory, acoustic and hours of operation effects. Page 6 of 8 ., � Flexible Development Application Flexibility Criteria The proposed redevelopment is impractical without a deviation of permitted use to attached residential for this parcel which is zoned Commercial "C. The proposed development, while inconsistent with the Commercial zonin� district it is consistent with the underlyin� Commercial General Future Land Use Plan classification and the surroundin� properties. Past efforts to develop the property with more intense commercial uses were inherently more adverse and resulted in tremendous onnosition and ultimately disapproval. 2. The proposed redevelopment will be consistent with the goals objectives and policies of the Comprehensive Plan Specifically the proposed develo�ment u�holds the oa�protect the natural resource of the Water & Recreation Open S�ace Use to the west by adherin� to the objective of the regulation and �ermitting�procedures as well as with the policv of prohibiting any alteration of the beach dunes and vegetation. The development adheres to the stated policies and Codes of the Citv and all FDEP & F.E.M.A. guidelines with respect to development regulations and stormwater mana�ement. Further the oa�promote infill development is�articularly �ermane to the proposed development's residential use of the essentiall�s�ot zoned commercial parcel given that consistencv with the predominance of the surrounding residential uses will be achieved. 3. The pxoposed redevelopment will not impede the normal and orderlv development and improvement of surroundin�pro�erties as no proposed elements impose on or conflict with any surroundin� properties, nor do the proposed uses pose any impediments or conflicts. All the surroundin� nroperties are alreadv developed and improved with attached dwellin� uses. 4. Adjoinin�properties will not suffer substantial detriment as a result of the proposed redevelopment and in fact will be enhanced as a result. The existin� abandoned commercial development has caused substantial detriment and is bein� removed entirely for this development. The proposed development is similar to surroundin� uses yet the scale and scope is less intense. 5. The proposed use is otherwise permitted by the future land use cate�orv for 24 DU per acre and as such is completely compatible with adjacent land uses, will not substantially alter the essential use characteristics of the nei�hborhood and will in fact enhance those use characteristics bv infilling the same use. The proposed redevelopment is attached dwellings as a Comprehensive Infill Redevelopment Project within the Commercial District as a Flexible Development Use, therefore meetin� S.a. In addition despite the fact that the existin�zonin� and land use classification of Commercial and Commercial General, respectively, constitute spot zoning and that past efforts to rezone and reclassifv the propertv to HDR and RH, respectively, bringing the site into conformity with surroundin� properties were denied by Citv Council. The current proposal will result in a use (attached dwellin�s) that is identical to surroundin�properties largel s���.e. 6. Flexibility with regard to use and required buffering are justified based on compliance with the followin� desi n�objectives: a. The proposed development does not impede normal or orderly development and improvement of any surroundin� property as the proposed residential use is consistent with all surroundin� properties and as such is compatible. The surroundin�properties are completelv developed. �� � r� I ' �1i`' � �y� r ��:�,``�'� , Pa e6of8 �� ���....�_��� :l:_�_I_'�. ii �. g ` '� � � . .__ ' � , ;, i� �� � N�AR 15 2013 � �' ;' i�.:9L�.� �� ,.,., � ,` F'i��l�h`�IVt.: G'.. i�:�.�"1,C.1 �...�...,�`''' 'f"� ... . �.�J� � iT._,� �;� Cl.�i"�:i�Vj��,:.i �:F�_.._„� .� s • Page 7 of 8 b. There are no applicable desi�n �uidelines in this area and as such the proposed development cannot comply. c. The proposed development desi�n is of a scale and intensity that supports the established character of the area At only 7 stories and 23 dwelling units, the proposed proiect has the ��ropriate scale relationshi�to its ne�hbors to the north south and east, which are 8, 11, 8 and 16 stories respectively and yet contain many more attached dwellin� units than the proposed project which is less in scale and intensitv. d. In order to form a cohesive visually interesting and attractive appearance, the proposed development incorporates the following desi�n elements: • Changes in horizontal building�lanes on every elevation. • Use of architectural details such as columns, cornices, projections, balconies, �lass railings, etc. • Distinctive fenestration patterns at windows and doors. • Si�nificant building step-backs undulations and articulation at corners and ed�es. • Distinctive roof forms at various hei�hts of the building and particularly at the main roof si�y the project's visual character and identitv. This identity is somewhat thematic emplo�in� the architectural aesthetic of "Ocean Liner" or "Streamlined Modern" whereas the tall roof embellishments svmbolize the top decks and stacks of luxury ships or a� e. The proposed development provides for buffers all of which are �reater than its nei�hbors to the north and south b�almost double although the front (east) buffer is reduced from the required 15 feet alon� Gulf Blvd. to 10 feet thereby enhancing the overall landscape desi�n. Visuallv interesting,_paver patterns and pool area desi�n features such as a low walled, landscaped & fenced S�a & Outdoor Fireplace Per og la r� eativ contributes to the landscape / hardscape environment creating an important outdoor space as the project transitions scale from the buildin� to the beach. The angled building site_placement and extensive buildin� plan articulation provides for appropriate building_separa�ions and setbacks whereb�onlv limited buildin� corners are near adjacent structures and boundarv lines. The proposed buildin� elevations emplov varyin� roof �arapet and embellishment hei�hts therebv creatin� interesting skyline that is both appropriate to the architectural stvle (see 6.d.) and provides transition of scale from the different hei�ht nei�hbors to the north (8 stories) and south (11 staries . �'� IC ����) �'-� �'�' , i � �� _. - - ' �i „�, �e.-� 9 C ' � �1 ^��" � ...i : . y� ..� �. �'�, . . ._ . _ � .. -. � � ; .... . .., _.. . , � �' � �`-� _.:� ►.�� I�'? l5 ► J� �I �; FEB G��: s �3 �; PLANNING & DE�iE .,..•.',t�r,dT DEPT ! Flexible Development Application t to Authorize Agent / Representative 1. Provide names of all property owners on deed — PRINT full names: Taub Entities, LLC 2. That (I am/we are) the owner(s) and record title holder(s) of the following described property: 1590 Gulf Boulevard Clearwater. FL 33767 Parcel # 19-29-15-00000-340-0110 3. That this property constitutes the property for which a request for (describe request): Comprehensive Infill Redevelo�ment Project to allow for a 23 unit attached dwelling condominium on propertv zoned Commercial "C" in consideration of the underlving.Future Land Use Desi�ation of a residential use at 24 DU per acre The onlv reductions requested are front and rear landscape buffers. The front vard buffer reduction is from I S ft. to 10 ft and the rear vard buffer reduction is from I S ft. to 0 ft. at or near the partial rear buildinQ corner and the Coastal Construction Control Line (CCCL). The proposed buffers are demonstrated in this application as appropriate and exceed the existin¢ buffers at the adjacent and surrounding,�roperties. 4. That the undersigned (has/have) appointed and (does/do) appoint: Curts Gaines Hall Jones Architects, Inc. (Robert D. Hall, AIA) 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 Clearwater, Florida to consider and act on the above described property; 6. That site visits to the properiy are necessary by City representatives in order to process this application and the owner authorizes City representatives to visit and photograph the property described in this application; 7. That (I/we), the undersigned authority, hereby certify that the foregoing is true and correct. �'tan � . � � � �l°.i�� �� LLC. Property Owner Property Owner Property Owner STATE OF FLORIDA, COUNTY OF PINELLAS BEFORE ME THE UNDERSIGNED, AN OFFICER DULY OMMISSIONED BY THE LAW OF THE STATE OF FLORID ON THIS S.� DAY OF �bRlJf3� , 2013, PERSONALLY APPEARED �jQ! fiil% ��U b WHO HA ING BEEN FIRST DULY SWORN DEPOSED AND SAYS THAT HE/SHE FULLY UNDERSTANDS THE CONTENTS OF THE AFFIDAVIT THAT HE/SHE SIGNED. JOAN M. MIILEA Notary Public • St,te of Florida My Comm. Expfr�a Apr 12. 201; Commission A� DO 862409 Page 8 of 8 Notary Public Signature • PROPERTY OWNER (PER DEED): Taub Entities, LLC u Comprehensive Landscaping Application MAILING ADDRESS: 921 Anchora�e Road, Tampa, FL 33602 PHONE NUMBER: (813) 763-8828 EMAIL: Taubventuresna,verizon,net AGENT OR REPRESENTATIVE: Curts Gaines Hall Jones Architects, Inc. (Robert D. Hall, AIA) MAILING ADDRESS: 1213 E. 6'�' Avenue, Tampa, FL 33605 PHONE NUMBER: (813) 228-8000 EMAIL: b��hjarchitects.com ADDRESS OF SUBJECT PROPERTY: 1590 Gulf Boulevard, Clearwater, FL 33767 PARCEL NLJMBER(S): 19-29-15-00000-340-0110 LEGAL DESCRIPTION: See Attached Survey Cover Sheet PROPOSED USE(S) Comprehensive Infill Redevelopment Project – Attached Dwellinss �.-`"_? � � � � �i M I.t' � °---� c� a � N Ci � --�� � _ � t,� �. '_ a , �� Q � � � Z z � � "—c a DESCRIPTION OF REQUEST: Flexible Development apnlication to permit attached dwellings with 23 dwelling Specifically identify the request (include all units with a height of 67'-4" as measured from the base flood elevation to the top of requested code,Jlexibility; e.g., reduction in the roof deck (81'-0" to top of west & 86'-3" to top of east, architectural roof reguired number of parking spaces, height, embellishment featuresl, front (east) setbacks of 98'-7" (to building) and 10 feet (to setbacks, lor size, !ot widrh, speciJic use, parkin ),�north) setbacks of 9 feet (to buildin�) and 7 feet (to parking and 0 etc.): feet (to pavement including a drive-aisle), side (south) setbacks of ] 0 feet (to building and 10 feet (to parking), 9 feet (to swimming pool) and 4 feet (to patio�, rear (west) setbacks (as measured from the Coastal Construction Control Line, of 0 feet (to buildin�patio) and 3 feet (to per�ola/trellis structure over the proposed spa/hot tub/fire-place, 46 parkine spaces (includin� 2 handicap spaces) (2 parkin� spaces per dwelline unit) in the Commercial District (C as a Comnrehensive Infill Redevelopment Project, under the provisions of Community Development Code (CDC) Section 2-704.E. and to reduce the front (east) landscape buffer from 15 feet to 10 feet (to parking;), reduce the side (southl landscape buffer from 10 feet to 4 feet (to patio) as part of a Comprehensive Landscape Program under provisions of 3-1202-G. 1590 GULF BLVD FLD2013-02004 Attached Dwellings Taub Entities, LLC Zoning: Commercial Atlas#: 311A Page 1 of 8 . ,� � • City Of Clearwater —Comprehensive Landscaping Application Flexibility Criteria. Responses: Architectural Theme 1a. The landscape theme for the Finale on Sand Key condominium project will marry the proposed condominium building architecture to the site by transitioning the scale of the building through the thoughtful use of landscape, hardscape, fencing and/or walls. This will be most evident from views from Gulf Boulevard toward the building and from the beach to the pool area and building beyond. The public will encounter a softened landscaped edge at the R.O.W. that will be a combination of landscape materials including stately palm trees, low shrubs, groundcovers, and clear signage that anchors the center of the property. The entry will be clearly defined for ease of traffic entering and exiting the site. A mature mixture of shade, palm and accent trees in the parking islands, as well as around the base of the building, will provide the human scale element that is desired on this type of project. The pool area fencing is composed of 4ft. aluminum picket, white, powder coated fencing combined with a 4ft. painted stucco & masonry curved wall that supports a radiused white aluminum trellised Spa & Outdoor Fireplace Pergola, visually anchoring the SW corner of the Pool & Deck spaces transitioning the scale of the building toward the beach. The Pool Deck area will be surfaced with neutral, light, earth-tone concrete pavers in a visually contextual pattern designed & selected to compliment the building architecture. There is no other fencing or walls along the boundaries except for a Project Entry Sign & Wall combination shown immediately south of the entrance drive. This wall and sign will be similar to the Spa Pergola wall and building architecture designed in a contemporary and streamlined motif. The landscaping is designed to blend the settings of the hardscape features (Building, Spa Pergola, Pool & Deck and Entry Sign) back into the surrounding environments of beach, Gulf Boulevard and adjacent properties. For example, the plantings are designed to flow in and around the pool fencing to help reduce the visibility of the required fencing and promote a softer setting for the pool and transition to the beach. Similarly, the Building and Entry Sign will have surrounding plantings to accentuate focus of the pertinent elements of entry identification while screening and buffering the parking and roadways. Lighting 2. All landsca e li htin includin at� wa and ool li htin will meet all cit uidelines for p g g� gp � Y p g g Yg illumination and cut off criteria as we�ll as mandatory guidelines for turtle nesting. All landscape exterior lighting at a minimum will hajve a photocell control to initialize the lights turning on with a timer attached to control when the light is shut-off. Some security and egress lighting by ,„ • . � • code may stay illuminated longer than landscape lighting per code. All lighting will also take into account glare from the surrounding properties. Community Character 3. The City of Clearwater, especially the beach community, is noted for its extraordinary beach front multi-family residential and hospitality properties that are well conceived and maintained. The Proposed Condominium on Sand key will add to the portfolio of successful properties along this unique part of the beach. From the beachside, as well as from Gulf Boulevard, the appearance of a well landscaped property demonstrates the quality and types of property that benefits the existing residents and attracts new prospective buyers to the area. The materials chosen to punctuate the landscape and hardscape will be consistent with the overall community character while maintaining its unique character. A buffer will be added to the north, south and southeast portion of the site that will be planted beyond the code minimum with sabal palms, viburnum hedge, ornamental grasses, silver buttonwoods, and various other plant varieties. On the southwest corner a fence will be added to buffer the public beach walk/ adjacent residential building from the proposed pool. The fence will be landscaped to provide privacy to the residents of the proposed project. Along the south property line, we will seamlessly transition the buffer into the existing planted public beach access by adding like species of sabal palms and understory shrubs. When complete, the applicant's buffer, added to the city's landscape, will be more substantial and attractive than before. Property Values: 4. The change from a cabana beach club, with most of the site dedicated to surface parking, to a more dense residential condominium, with a well thought out landscape, will enhance the property values as well as support an increased tax base for the City. It has been well documented that the value of properties with mature trees/ palms and well-designed landscape has a positive impact on property values. The proposed landscape goes beyond the standard city code requirement of a hedge and trees every 35'. A combination of landscape materials including stately palm trees, low shrubs, accent shrubs, and groundcovers will be used throughout the site to provide a lush landscape complimenting the building. Landscape is also the one property value that increase over time with a well maintained site. Layering of shrubs, groundcovers and accents will produce a more aesthetically pleasing view of the property and add to the portfolio of well executed projects along Gulf Boulevard. In most cases, required tree heights and calipers would be exceeded giving the property an imjnediate "grown-in" look and ensure a seamless transition into the surroundings. Special Area or Scenic Corridor S.The project does not fall under a scenic corridor. � � � ti�� , � � , �� k �� ��� �� �3, � j �� " �rv 15"� ��Y U� ,°tt�t�3;r 'y4 ~��� d �' ��'3� . : � C u r t s G a i n e s ❑ H a I I J o n e s Architects 1213 East 6th Avenue, Tampa, Florida, 33605-4905 Voice (813) 228-8000 Fax (813) 228-0770 Web Site cghjarchitects.com FL Cert #AAC001590 March 15, 2013 Mr. Mark Parry, Planner III City of Clearwater Planning & Development Department 100 South Myrtle Avenue P.O. Box 4748 Clearwater, FL 33758-4748 RE: FLD2013-02004 —1590 GULF BOULEVARD Dear Mark: ;,�'" � � ��' � � ��� � '�:, i � � �s r � � c; ' � �`y � �� � �; � ; II .1 � .�-� ' � ,`i 1 � �. � k.. ��� �� , „ ��, � � 5 2413 �I..a-.� ,`I� �`�t+tlw�• p �� ,.,�„d„-...��' ',����'� F'.E.r' � !� q.-..^""'; ��� � � 1 , 31: r r'y �� ����i1�1�°�E�. �'' �' � a P �'���� ��� " �IT ��-`,� ."" - M..s Please find attached our response to your comments pertaining to our application for the project referenced above. For clarity, we have utilized your word document and have inserted our responses after each comment in blue italics. This is in addition to and serves as a guide to the attached revised application and accompanying 15 sets of drawings. The responses are based on our understanding of the issues and concerns raised in your comments and as discussed at our Sufficiency Determination DRC meeting held on March 7, 2013. As we discussed at that meeting there may be some items for which further discovery or detail may need clarification beyond this formal response and it is our intent to comply fully with those expectations prior to the CDB Public Hearing on April 16, 2013. erely, Robert D. Hall, AIA AR0014106 Executive Vice President Curts Gaines Hall Jones Architects, Inc. Cc: Mr. Brian N. Taub / Taub Entities, LLC Mr. Alan C. Bomstein / President Creative Contractors Mr. Toxey Hall, P.E. / President Clearview Land Design Mr. Steven T. Wilcox, P.E. / Clearview Land Design Mr. Hunter Booth, ASLA / Booth Design Group 1590 GULF g�Vp FLD2013-02p04 Attached DwellingS Taub Entities, LLC Zoning: Commercial Atlas #: 311A ____ _ _ _ _ _ f! � � 1 � ��1 � ('i � �,^� �^ i � �v 1 i �. � i � , j'; i , , � � ` I � �i � ._.. ,.....�.. � � t � li E� f�� MAR 1� Z��� w.'+' ' I �'_...> •e 4 `- - _�,,,,,.-. ' � !1 � PG4P,INI?dG & �)E,O`� �" r.� y C�_liN i . � 1 ...;. ...--- r.irv c�r c_r_-a,�;s,N,_;_� r��� �,.�� Engineering - m,a Prior to Building Construction Permit: 1. All sub-standard sidewalks and sidewalk ramps adjacent to or a part of the project shall be brought up to standard, including A.D.A. standards (truncated domes per FDOT Index #304). Acknowledqed. 2. If the proposed project necessitates infrastructure modifications to satisfy the site-specific water capacity and pressure requirements and/or wastewater capacity requirements, the modifications shall be completed by the applicant and at their expense. If the underground water mains and hydrants are to be installed, the installation shall be completed and in service prior to construction in accordance with Fire Department requirements. Acknowledged. 3. The potable water line and fire line shall be separate taps on the water main. Acknowledged. 4. Pinellas County Utilities supplies the reclaimed water for the Sand Key area not the City of Clearwater. If potable water is desired for irrigation, then please contact Robert Peacock at 464-3764 or Todd Tamburg at 464-4231 of Pinellas County Utilities. Acknowledged. Prior to Certificate of Occupancy: 1. The Owner shall submit one set of as-built drawings signed and sealed by a State of Florida Registered Professional Engineer for the installation of all water, sanitary sewer and storm structures installed at the site. These drawings shall be sent to the Engineering Department, Municipal Services Building, 100 South Myrtle Avenue, Room 220. The City inspector will field verify the submitted as-builts for accuracy. Once the Owner has a set of City approved as-builts, the Owner shall provide a total of five sets of as-builts to the City and a Certificate of Occupancy shall be issued. Acknowledged. --ALL COMMENTS ACKNOWLEDGED AT MARCH 7, 2013 DRC MEETING.--JWS Environmental General Note(s) 1. DRC review is a prerequisite for Building Permit Review; additional comments may be forthcoming upon submittal of a Building Permit Application. Acknowledged. 2. No light shall be visible or extend in areas identified as Sea Turtle Nesting Areas during the nesting season (May 1 to October 31). Those areas where security and public safety require lighting, alternative light management approaches shall be applied. Provide evidence of sea turtle-friendly lighting in accordance with City code and state laws prior to the issuance of building permits. A note has been added to sheet L2.00 covering all turtle related exterior lighting. Permit Plans will conform to all applicable standards. 3. The property owner shall be advised that Florida Statute (Subsection 161.053) prohibits construction of structures seaward of the Coastal Construction Control Line (CCCL), excavation and removal of beach material, alteration of existing ground elevations, damaging sand dunes or vegetation growing on them. Any alteration or removal of dunes and/or beach vegetation requires approval from the City and a permit from the Florida Department of Environmental Protection (FDEP). Please acknowtedge prior to Development Order or Community Development Board. Acknowledged. � _ f.;__F� ;�-w"_ 4 ►, � ` ►.!, i^` P r � � . � ;�_.�s��.� MA� 15 2013 _�, .� �N i �'....._. ri!"" }L1' � � i� '..'la �� L�r� i �� � ��V��,i'�i�31�. , . � � _�.� � � �:!}� C F:t a t:,Y ...o-�., w 4. Prior to issuance of building permit, provide stormwater vault specifications showing the vault provides water quality benefits and provide a vault maintenance schedule that has been signed and accepted by the owner. **APPLICANT STATED THAT THERE WILL BE NO VAULTS ONSITE.--JWS **APPLICANT ACKNOWLEDGED COMMENTS AT 7 MARCH 2O13 DRC MEETING. DURING THE MEETING STAFF AL50 INFORMED THEM THAT THE BUILDING OVERHANG WHICH IS CURRENTLY SHOWN OVER THE CCCL LINE COULD BE PROBLEMATIC.—JWS Applicant acknowledges that any local DEP jurisdictional permitting required as a result of construction activity and any permanently overhanging building features will be obtained prior to or as a portion of building permitting. Fire 1) Provide Fire Flow Calculations Water Study by a FIRE PROTECTION ENGINEER to assure an adequate water supply is available and to determine if any upgrades are required by the developer due to the impact of this project. Calculations Water Study due ACKNOWLEDGE PRIOR TO BUILDING PERMIT Acknowledged. 2) Must Comply with Ordinance No. 7617 06 Radio System Regulations for buildings, install 911 Radio Repeater Antenna Booster System ACKNOWLEDGE PRIOR TO C.D.B. Acknowledged. 3) Automatic Class I wet standpipe with fire pump providing 100 psi at roof Fire Pump SHALL be above Base Flood Elevation. The system shall be designed so as not to incorporate Pressure Regulating Devices (PRD). The system must be designed as a zoned system. This provides a safe operating condition for firefighters that will use the system. If the design of the system requires PRDS they will be required to be Elkhart Adjustable devices. ACKNOWLEDGE PRIOR TO C.D.B. Acknowledged. 4) Plan shows 5 inch storz connection the Fire Department Connection SHALL be a two and one half inch Siamese connection listed for such use and Knox Locking Caps to be provided .Need to relocate Fire Department Connections to the street on Gulf Blvd. All Fire Department Connections shall be located on the private property unless an exception is issued in writing by the Authority Having Jurisdiction (AHJ) Such connection shall be a two and one half inch Siamese connection verified by AHJ ACKNOWLEDGE PRIOR TO C.D.B. Acknowledged. Please refer to revised sheet C1.00 dated 03.15.13 for these revisions. Fire Department Connection will be a 2-1/2" (two and one half inch) Siamese connection listed for such use, with Knox Locking Caps provided. The Fire Department Connection has been shown to be installed at the southeast corner of the project. 5) A hard road surface able to support the weight of Fire Apparatus prior to any building construction being started. Required Standpipe Systems shall be in place before construction can proceed to the next level. ACKNOWLEDGE PRIOR TO C.D.B. Acknowledged. 6) Fire Department Connections shall be identified by a sign that states No Parking, Fire Department Connection and shall be designed in accordance with Florida Department of Transportation standards for information signage and be maintained with a clearance of 7 1/2 feet in front of and to the sides of appliance as per Florida Fire Prevention Code 2010 edition. The Fire Department Connections will be required to show the address to which building it serves. ACKNOWLEDGE PRIOR TO C.D.B. Acknowledged. Please refer to revised sheet C1.00 dated 03.15.13 for the location of the Fire Department Connections. Proper signage and clearances will be provided. � � 7) Where underground water mains and hydrants are to be installed, they shall be installed, completed, and in service prior to construction as per NFPA 241. All underground fire lines and hydrants must be installed by a contractor with a class I,II or V license. ACKNOWLEDGE PRIOR TO C.D.B. Acknowledged. 8) The relocated Double Detector Check Valve needs to be moved to the street side. The existing building does not show how this fire system is being fed Please verify that they have a separate systems. Please contact Mr: Terry Labelle Public Utilities Coordinator (727) 562 4960 extension 7227 for installation of Double Detector Check Valves. PRIOR TO C.D.B. Please refer to revised sheet C1.00 for this relocated Valve. The Double Check Detector Valve Assembly has been shown to be installed at the southeast corner of the project. At the time of this resubmittal, we are excavating the site to determine the locations of the existing underground water lines and fire lines. We will continue to coordinate relocation of existinq utilities with Terry LaBelle and James Keller. 9) Sheet C1.00 indicates proposed location of new fire hydrant, Clearances of 7 1/2 feet in front of and to the sides of the fire hydrant, with a 4 foot clearance to the rear of the hydrant are required to be maintained as per NFPA 1. Note that a Fire Department Connection shall have a fire hydrant within ACKNOWLEDGE PRIOR TO C.D.B. Please refer to revised sheet C1.00 for the location of the new fire hydrant. All required clearances will be provided. 10) Please provide a fire department truck access route on this plan showing how a fire apparatus will maneuver, note if the truck passes under a Porteco the height must be at 14 feet ACKNOWLEDGE CONDITION PRIOR TO C.D.B. Please refer to revised sheet A2.00 for the required fire department truck access route. Please note that this route was coord+nated with the fire reviewer and accepted prior to this re-submittal. Also note that there are no Portecos on the project for which the fire department truck would traverse. 11) Provide and show on the plan minimum 30 foot turning radius for emergency vehicle ingress and egress at all entrance and exits ACKNOWLEDGE PRIOR TO C.D.B. Please refer to revised sheet A2.00 for the required fire department truck access route showing all dimensions including 30 turning radii. 12) Please show how firefighter access around the building will meet the requirements of NFPA-1, 2009 edition Chapter 18 18.2.3.2 Access to Building. 18.2.3.2.2.1 When buildings are protected throughout with an approved automatic sprinkler system that is installed in accordance with NFPA 13, NFPA 13D, or NFPA 13R, the distance in 18.2.3.2.2 shall be permitted to be increased to 450 ft(137 m).ACKNOWLEDGE PRIOR TO C.D.B. Please refer to revised sheets A2.00 for the depiction of firefighter access around the building. As discussed and agreed to in the DRC meeting the plan provides for firefighter emergency access paths and gates to the north and south sides of the building. The Garage Level Plan on sheet A2.10 indicates that the entries to the building are within 50 feet of the fire department apparatus. Also as discussed in the DRC meeting the entire south side of the proposed property is bound by an existing 5 ft. wide Public eeach Access Sidewalk providing additional access along the south boundary. Also discussed and subsequently aqreed to by the fire reviewer is the location and access to the Fire Pump Room located on the second level. All required fire separations, signage and access will be provided. Please see sheet A2.20. 13) The fire hydrant is shown coming off after the Double Detector Check Valve, must come off before the Double Detector Check Valve. ACKNOWLEDGE PRIOR TO C.D.B. _ .,�.v„� „»�,.�.��.�. .-, Please refer to revised sheet C1.00 for rhe relocation of these devices. E� ��j r; `' r� j �� V!' !`� ��� Land Resource Review: ', � . ' � _.,.�.,.,I � � 1 �.� l�i ; � f � ,r,� .'�-.' ,„., �, , f � � � ..� ,:"",.....,� N , F t� 1 � � � I� ; k� s� MAR 15 20i3 ����; ,�.� � �._..._.._.-, ..._._i " ; r .,�:,� . C�:`;;,��-! rT :; EN�i �� f'L Ivt�liR(,� ,�'d� ' R.,�.��.��.'y's r�F C'..�,F fuF":'r� .._�..... . • � • Planning General Site Plan and Application Comments 1.:, The stated request is incorrect. Please update the application with the following request: Flexible Development application to permit attached dwellings with 23 dwelling units with a height of 74 feet as measured from base flood elevation to the top of the roof deck (83 feet to the top of architectural roof embellishment features), front (east) setbacks of 64 feet (to building) and 10 feet (to parking), side (north) setbacks of nine feet (to building) and seven feet (to parking) and zero feet (to pavement including a sidewalk and drive aisle), side (south) setbacks of 10 feet (to building) and 10 feet (to parking), nine feet (to swimming pool) and four feet (to patio), rear (west) �setbacks (as measured from the Coastal Construction Control Line) of zero feet (to building and patio) and three feet (to pergola/trellis structure over the proposed spa/hot tub fast-food, 46 parking spaces (including two handicap spaces) (two parking spaces per dwelling unit) in the Commercial District (C) as a Comprehensive Infill redevelopment Project, under the provisions of Community Development Code (CDC) Section 2-704.E. and to reduce the front (east) landscape buffer from 15 feet to 10 feet (to parking), reduce the side (south) landscape buffer from 10 feet to four feet (to patio) as part of a Comprehensive Landscape Program under the provisions of 3-1202.G. Please refer to the revised Application, page 1 of 8 for these corrections. 7�, Correct the application to indicate the actual land use plan classifications of Commercial General (CG), Water and Recreation/Open Space (R/OS). Please refer to the revised Application, page 2 of 8 for these corrections. 3.; Although a note listing typical parking space dimensions is provided please revise the site plan to provide typical parking space dimensions. Parking spaces are required to be eight feet by 18 feet clear. Drive aisles must be 24 feet in width. Handicap spaces are to be 12 feet by 18 feet with a five foot aisle or in accordance with the standards set forth in F.S. 316.1955(3), as may be amended from time to time. Please refer to revised sheet A2.00 for these dimensions. Please clarify the height of the structure. Keep in mind that parapet walls constructed on �uildings with flat roofs shall be permitted to extend not higher than 42 inches over the maximum height specified for the zoning district in which the building is located. The elevations show "roof embellishments" which extend about nine feet above the stated height of 74 feet. Please refer to additional dimensions on revised sheets A3.10, A3.20, A3.30 & A3.40 clarifying the height of the structure and all related parapets and appurtenances. In addition, please note that professional architectural renderings have been completed since the original application submittal and are included here on sheet A3.00 for clarity of the overall architectural appearance. They replace the 2 dimensional color elevations. Please note that these drawings by nature are artistic and must be viewed in conjunction with all the other supporting drawings and information. Also note that some of the originally submitted dimensions were in error typographically and have since been corrected. The structure height as measured from the BFE to the Roof Deck is actually 67'-4". Since there is no maximum height for the zoning district the parapets are appropriate to the architectural design including requirements for roof top emergency and maintenance access and mechanical equipment screening 5:'� It appears that a portion of sidewalk along then north property line extends off site - please clarify this. Please refer to revised sheet A2.00. The parking area and sidewalk in question were reconfigured to accommodate the fire department truck access requirements and as such the walk has been shortened. The third surface parking space NE of the Carport has also been reconfigured. This was reviewed by Mark Parry prior to this resubmittal and accepted as shown, pending the review and subsequent ,,�rpproval by the fire reviewer, (refer to Fire Review items #10 & 11 aboveJ. '�';' Revise the site plan to clearly show all property lines. I understand that there is a lot going on �and the shape of the site is unusual but the property lines are hard to follow especially along the north side of the site. f �_ -.... ' _..' .v� �� , ;f � ; � � i , � I�� � � , \�i � , f t �� i�..� � �. i.:: 3 4 �r i. �.� {� �.w ..,_.,..,�.► ,.�. ..a�..�._� L+ � � F� ;4�j� MAR 15 2013 �, � �_�_... ���� � • Please refer to revised sheet A2.00 for revised property line depiction. 7. Clarify what the relatively thick dashed line running roughly east to west near the north property line is. This was clarified during the DRC meeting as the overhang of the building to the north of the subject property. This line is identified on the Survey sheet 2 of 2 and on sheet A2.00. 8. Provide a landscape sheet which clear shows through hatching or shading all interior green space as related to interior vehicular use area(s). Please refer to revised sheet L2.00. 9. Clarify how mechanical equipment will be placed and screened on the site. Please refer to revised sheets A1.00 & A2.00 for a general depiction of roof top mechanical equipment. As described in the DRC meeting the mechanical systems are typical residentia! type "Split DX Systems". There will be an "Air Handler" to each dwelling unit and other conditioned building spaces placed within closets inside the building and their corresponding "Condensing Unit" placed on raised equipment racks on the roof, generally as shown. These equipment racks are positioned toward the center of the roof generally over the spaces they serve and away from the exterior parapet walls so as best to conceal them from view from the Public Right of Way and Adjacent Properties as required by the Development Code Standards, Section 3-903, 1 Mechanical Equipment. The screening of the equipment is provided by the combination of the positioning of the equipment and the location and relative height of the roof parapets. A"Mechanical Equipment Screening Diagram" used during the DRC meeting to aid in the description has been attached to this response letter for your edification. 10. Clarify what the rectangles and other objects are in the right-of-way near the southeast corner of the site (standard objects such as fire hydrants and the like are understood). Please refer to the Survey for a description of existing items shown in the R.O.W. For clarity these miscellaneous items have been removed from the Architectural Site Plans, sheets A1.00 & A2.00. 11. Clarify if any fencing is proposed on the site. If so, please provide details including height, color and materials. As required by Code, 4 ft. high pool area access fencing is shown on sheets A1.00, A2.00, C1.00, L2.00 & L3.00 and generally extends from the NW corner of the building to the SW corner parallel to and approximately 6" to 12" inside the westerly and southerly boundaries and intersecting with a radiused 4 ft. high, painted stucco & masonry wall (matching the building finishJ surrounding the Spa/Fire Place Pergola. This fencing will be a white powder-coated aluminum picket fence per code requirements including access gates as shown. These access gates will have hardware per code for pool fencing and also for fire department access. 12. Provide required sight visibility triangles on the site plan (sheet A.2.00). b Please see revised sheet A2.00 for these triangles. �.3. Clarify that adjacent utilities are currently underground (Staff does believe this to be the case but we do need to confirm). If there are any aboveground utilities they will need to be placed underground with this proposal. We agree that there are no above ground adjacent utilities other than what is required for fire and domestic valves. 14. Clarify how solid waste will be handled. The trash room is seen on Sheet A2.10 but clarify how staging will physically operate - it does not appear that the turning radii will work. Please refer to revised sheets A2.00 & A2.10 for the location of the trash dumpster staging area and a description of how the staging will physically operare. This is as discussed in the DRC meeting with solid waste. 15. Clarify how the crushed shell paths leading to the beach will be contained. Keep in mind that any encroachment seaward of the CCCL required FDEP review and approval. This is not likely to be approved by FDEP nor would the City support this. A boardwalk would more likely to be supported by FDEP and the City. Bear in mind that anything extending seaward of the CCCL required FDEP approval in R ��y �, ,,;"� "`.� . ' � �- � i i � ' � ;'1 � , ti i � ! , r, �, , �� � i', i�� i I_� ' i k i ; � � . __.___�...u._._ . '. � , „ r!`�I� M�Rt�?013 I�"�.i?� y _ � � � �. • � addition to a Level II review (which this application currently is). The point being that if you decide to come back later with a boardwalk or any other structure extending beyond the CCCL which is not included in this request you will be going back through the entire Flexible Development process so it is probably better to request such encroachments now rather than later. The crushed shell path portions extending beyond the CCCL have been deleted. The remaining paths landward of the CCCL will be contained by metal edging that is 4" deep and secured with stakes that ,� tend 16" below grade. �;1.6.. The building overhangs past the CCCL which will require FDEP review and approval. 'Pl�ease refer to the response at the end of the Environmental review. 4`#�17. Clarify what the mustard-yellow area which includes the proposed cabanas is. It appears that ry`th� area between the pool patio and the cabanas will be paved but it is not called out as to what exactly the surface is. Please refer to revised sheets A1.00 & A2.00. The undulating form represents the roof of the Pool & Beachside Cabanas. The color has been changed to more accurately represent the decorative waterproof coating that covers this concrete slab roof. Please also refer to sheet A3.00 for more visual clarification to this and other items, such as the circles questioned next. 18r Clarify what the dashed circles are in the above-mentioned mustard-yellow area near the proposed cabanas. See the response to item 17 above. �9. Clarify what the architectural roof embellishments are - are they shade structures for rooftop occupancy? The architectural roof embellishments are strictly decorative and have no provisions for use as rooftop shade structures. They do provide additional screening for roof top mechanical equipment but that is not their primary function. Please refer to sheets A3.00, A3.10, A3.20, A3.30 & A3.40 (Renderings and Elevations) for visual clarification of these decorative features. They are composed of painted stucco & masonry parapet walls decorated with painted aluminum trim in 'fin — like" patterns. 20. Please provide a scale and north arrow on the landscape plans. All revised Landscape plans now have a scale and north arrow. �. Please include all underground and overhead utilities on the landscape plan. The proposed FDC, DCDV & Water Meter/Backflow Preventer Assemblies have been show in the vehicular use island in the SE corner of the property inside the buffer. Currently there is a great deal of discussion with the City Utility and Fire Departments and investigation by the developer as to the location of several existing utilities serving the property to the north (Cabana ClubJ that will ultimately have to be relocated back on to their property. The underground utility piping plan will be shown on the l�ndscape plan once those locations have been verified and prior to the building permit application. 2�. Per CDC Section 3-1204.B all landscaped areas must be covered with shrubs, ground cover, turf, three inches of organic mulch or other suitable material which permits percolation. Where mulch is used, it must be protected from washing out of the planting bed. Inorganic mulch, such as gravel or rock, should only be used where washouts occur. Plastic sheets shall not be installed under mulches. The shell areas indicated on Sheet L3.00 are not permitted and must be replaced with organic mulch material. Shell mulch removed from plans. Shell paths remain. 23. The total number of canopy trees required on the site is 40. The total number of canopy trees (including conversions) is 18. This results in a deficit of 22 canopy trees. With regard to conversions, three palm trees equal one canopy tree (with the exception of specimen palms where one counts as one canopy tree) and two accent trees equal one canopy tree. Up to 25 percent (10) of the required number of canopy trees may be accent trees. This allows (at a two for one conversion) up to 20 accent trees to replace 10 canopy trees. In addition up to 25 percent of the canopy trees may be replaced with palm trees at a ratio of three for one. That would be 10 shade trees replaced with 30 palm trees. The ,-�.,� ,.,_ 4 � ` � __.. � i '"i � , I ' � , � ; �i J `i I � I r. ' r 61 ` M 1.�_...,_'.__.__........�,__.v"",_ . �� �i � !, . . . . -��-.k � . _ ri_ ��..�� MAR 15 2�1i3 � , ; � � L_J landscape plans are short the requisite number of trees. On a related note, I have a concern with regard to the numbers of different species proposed for the site. There are an awful of low quantities. For example, on the entire site there is proposed exactly one Ti plant and exactly one tree form ligustrum. There are 40 proposed species of plants. Of those 12 (30 percent) include quantities of four or less. I understand that the goal is to produce a lush tropical effect however, my worry is that we are heading from a landscape design into a horticultural collection resulting in an overall disjointed effect. I would like to see the number of species reduced and the shell areas along the east and at the southeast corner of the site fully planted. Please refer to sheet L3.00. The plan has been revised to show maximum amount of the required amount of trees that can be accommodated on site. Comments have been noted for the quantities of specified species. It was stated in the DRC meeting that the city staff would work with the owner and landscape at'chitect to gain relief to the code required trees per the flexible development application. '�4. Please clarify if any signage is proposed. Be aware that signage is handled through separate p�rmits and are not included with building permits for site or shell work. Signage has been identified on sheets L2.00 & L3.00 for reference with the general size and shape. All final signage details will be submitted for permit and conform to city standards. General Applicability Criteria Comments 25. Criterion 1- No comments. �6. Criterion 2- It may bear mentioning that all surrounding uses (at least to the north, south and �ast) are attached dwellings and all those properties have long since been developed. 27. Criterion 3- Clarify how existing infrastructures of transportation, access, utilities, etc. are ir�proved with the proposal. Perhaps a more reasonable approach would be to say that the proposal will not adversely affect the health or safety of people in the area in that it is an attached dwelling use surrounded by attached dwelling use only at a scale and scope fess than surrounding developments. 28. Criterion 4- If you are suggesting that traffic congestion will be minimized with certain features � provide a narrative as to what those features are. It may be sufficient to talk about how existing accesses point are to remain and be improved with new pavement and that the existing cross access easement with the property to the north will be honored. 2�. Criterion 5- Perhaps clarify in what specific ways the proposal improves upon the character of the immediate vicinity as stated in the response in the application. 3�. Criterion 6- Include a discussion about screening, buffering and height and how these elements reduce and/or eliminate and adverse effects. Please refer to the revised Criterion 2— 6 on the revised application for specific responses to e,ach of these comments. Comprehensive Infill Redevelopment Project (CIRP) Criteria Comments 31. Criterion 1- Perhaps include a discussion as to how the proposal, while inconsistent with the Commercial zoning district, is consistent with the underlying Commercial General Future Land Use Plan classification and surrounding properties. The discussion may also touch upon past efforts to develop the property with commercial uses and the difficulties and opposition which surrounded those proposals. 32. Criterion 2- It may be worthwhile to provide any pertinent examples from the Goals, Objectives and Policies of the City Comprehensive Plan which support the requested variations from the Code. In addition, it may also be wise to include the Code sections which deal with the purpose of the zoning district and the intent and purpose of the Code. The basic sweeping generalization that the proposal meets the goals, objectives and policies of the Comprehensive Plan does not go far enough. 33. Criterion 3- You may want to include a discussion as to how all surrounding properties are already developed and improved with attached dwellings. ! �::'r; I-� �� �-� i'';�` � °.; �� � �,� ��_ � ,� � � , � � '� � J �� ) � "'I I..�.. { 1 � „' tl . � � 1 � � r �I ��. ��°--j'�J � MAR 15 �Oi3 � � ' � � - -_ _ _ _ _ _ _. _ . _ , _ _ _ .�„� . • � 34. Criterion 4- Clarify how existing conditions on the site have caused detrimental effects on neighboring properties. Perhaps including a discussion as to how the proposal is similar to surrounding uses and that the scale and scope of the project is less intense that surrounding properties. 35. Criterion 5- Perhaps clarify your response by stating that the proposed use is attached dwellings as a Comprehensive Infill Redevelopment Project within the Commercial District. CIRPs are permitted in the Commercial district as a Flexible Development use therefore 5.a. is met. In addition, despite the fact that the existing zoning and land use classification of Commercial and Commercial General, respectively, constitute spot zoning, past efforts to rezone and reclassify the property to HDR and RH, respectively, bringing the site into conformity with surrounding properties were denied by City Council. The current proposal will result in a use (attached dwellings) that is identical to surrounding properties largely satisfying 5.e. '36. Criterion 6- Simply restating the criteria is not sufficient. For example, in addressing 6.b you state that the proposal complies with applicable design guidelines. That is factually inaccurate as there are no design guidelines in this area. Provide some additional information or detail with regard to 6a, d and e. Include discussions about fencing, landscaping widths on abutting properties to the north and south, specific architectural treatments (you touch on this as you address 5.d). Please refer to the revised Criterion 1— 6 on the revised application for specific responses to each of these comments. Comprehensive Landscape Program Criteria Comments 3a. Criterion 1- A mention is made of the use of landscaping, hardscape, fencing and/or walls. We need to know now if we are using fencing, walls, both and the heights, colors, fit and finish of these items. It is also mentioned that there will be a"possible combination of landscape materials". Out of curiosity, what would constitute an impossible combination of landscape materials? The plans show an aluminum picket, 4 ft., white, powder coated pool fencing and 4ft. painted stucco & masonry curved wall in combination with a radiused white aluminum trellised Spa & Outdoor Fireplace Pergola, visually anchoring the SW corner of the Pool & Deck spaces transitioning the scale of the building toward the beach. The Pool Deck area will be surfaced with neutral, light, earth-tone concrete pavers in a visually contextual pattern designed & selected to compliment the building architecture. There is no other fencing or walls along the boundaries except for a Project Entry Sign & Wall combination shown immediately south of the entrance drive. This wall and sign will be similar to the Spa Pergola wall and building architecture designed in a contemporary and streamlined motif. The landscaping is designed to blend the settings of the hardscape features (Building, Spa Pergola, Pool & Deck and Entry SignJ back into the surrounding environments of beach, Gulf Boulevard and adjacent properties. For example; the plantings are designed to flow in and around the pool fencing to help reduce the visibility of the required fencing and promote a softer setting for the pool and transition to the beach. Similarly, the euilding and Entry Sign will have surrounding plantings to accentuate focus of the pertinent elements of entry identification while screening and buffering the parking and roadways. 38': Criterion 2- No comments. 39. Criterion 3- Perhaps add to your discussion some details with regard to buffering widths, types of plant materials, screening from adjacent properties, etc. For both the south and north property lines the landscape buffer is meant to help pprtially shield and reduce the scale of the lower portion of the building from the ROW and adjacent properties and vice versa. Clustering palms and layering of shrubs will be implemented due to the reduced space available. Along the south property line, we will seamlessly transition the buffer, into the existing planted public beach access by adding like species of sabal palms and understory shrubs so that, when complete, the applicants buffer added to the city's landscape would be more substantial than before. 40. Criterion 4- Perhaps add to your discussion something about how the landscaping proposed will be better than that otherwise required. �� "�� y I �,,�--� �:,W� 1 �Y,y �' � � � �..�__...� i �, � ! _ ! �� ` � �". .�_ W....,.a _ � ' � : � i ��,�J �a� � 5 �� �� � ; ` � ; d � N `,.,. „� .: � � ��r Criterion 3- Perhaps add to your discussion some details with regard to buffering widths, types of plant materials, screening from adjacent properties, etc. For both the south and north property lines the landscape buffer is meant to help partially shield and reduce the scale of the lower portion of the building from the ROW and adjacent properties and vice versa. Clustering palms and layering of shrubs will be implemented due to the reduced space available. Along the south property line, we will seamlessly transition the buffer, into the existing planted public beach access by adding like species of sabal palms and understory shrubs so that, when complete, the applicants buffer added to the city's landscape would be more substantial than before. 4(Y: Criterion 4- Perhaps add to your discussion something about how the landscaping proposed will be better than that otherwise required. Code minimums for tree spacing and the amount of shrubs required, especially in the parking areas visible from Gulf Boulevard, will be exceeded. Layering of shrubs, groundcovers and accents will produce a more aesthetically pleasing view of the property and add to the portfolio of well executed projects along Gulf Boulevard. In most cases, required tree heights and calipers would be exceeded giving the property an immediate "grown-in" look and ensure a seamless transition into to the surroundings. 41: Criterion 5- This is actually not applicable as the City does not have a Scenic Corridor plan in place for this area. Acknowledged. Parks and Recreation Due to the valuation of this project at $6,500,000, the Public Art and Design Program fee will be due and payable on this project prior to the issuance of a Building Construction Permit. This fee may be substantial and it is recommended that you contact Christopher Hubbard at 727-562-4837 to discuss the fee assessment. The required Public Art & Design Program will be properly addressed when appropriate. Solid Waste You will need to have a staging area for Dumpsters to be placed out for collection days. Please refer to the response to this comment in # 14 under Planning above. Stormwater Prior to CDB: 1) Please provide either an easement or mutual use agreement for the stormwater tie in. Please refer to the attached exhibit demonstrating the easement granting mutual access and utility conveyance between Taub Entities (Finale ApplicantJand Belleview (Cabana Club ParcelJ as " Taub — Belleview — Title Binder; pages 297-305". Prior to Building Permit: 1) Please provide comprehensive stormwater calculations. 2) Please provide detailed stormwater infrastructure information. Including: Pipe sizes, pipe inverts, Structure Sizes, Structure Inverts, elevations etc. General Note: 1) DRC review is a prerequisite for Building Permit Review. Additional comments �-��: upon submittal of a Building Permit Application. ;� �ga F� w' be forthcoming .�.-...1 +.,"..� �? j'i; � ,� q....-a.. ,, I '°; '' � ,., ��� i�� _ l�� ��: °1 **COMMENTS ACKNOWLEDGED AT 7 MARCH 2O13 DRC MEETING.--JWS ' � ' � � ¢ � �' ` g�.�� MAR 1 5 2�13 �� ���;� � � j�,,..�..�. ��L..�.{���i1K�:i C:t 4.i��: f',�..C3�(!�°�'.! v� ��Li" I. � t,��.•,� _ , . _ ,:�;� �, . F.,�,;ru�.rr� � . . � � 4. Pedestrian - vehicular conflicts shall be avoided whenever possible. Where unavoidable, active warning devices such as traffic signals or flashing warning signs/devices and/or physical barriers such as vehicular actuated gates shall be provided to warn the pedestrian and slow vehicular traffic. S.Lighting levels in parking garages having public access shall meet or exceed the current minimum Illuminating Engineering Society (IES) standards. 6. Columns shall not encroach into the required area of a parking space except at the end of a parking space where another parking space or a wall abuts the parking space. Such projection shall not encroach into the corner of a parking space by more than one foot in any direction, front to back or side to side. 7. Show 20' x 20' sight visibility triangles at the driveway. There shall be no objects in the sight triangle over the City's acceptable vertical height criteria at a level between 30 inches above grade and eight feet above grade. (City's Community Development Code, Section 3-904). General Note(s): 1. DRC review is a prerequisite for Building Permit Review; additional comments may be forthcoming upon submittal of a Building Permit Application. **APPLICANT ACKNOWLEDGED COMMENTS DURING 7 MARCH 2O13 DRC MEETING.--JWS **IT WAS NOTED DURING THE MEETING THAT THE ADA/ACCESSIBLE PATHWAY TO THE PUBLIC BEACH ACCESS ON THE SOUTH SIDE OF THE PROPERTY WAS LOCATED BEHIND BACK-OUT PARKING. 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