FLD2014-03009 - STAFF REPORTClearwater
MEETING DATE:
AGENDA ITEM:
CASE:
REQUEST:
GENERAL DATA:
Agent...........................
Owners .............................
Location ..........................
Property Size ....................
Future Land Use Plan......
Zoning ..........................
Adjacent Zoning.... North:
South:
East.
West.
Existing Land Use .............
Proposed Land Use........
COMMUNITY DEVELOPMENT BOARD
PLANNING AND DEVELOPMENT DEPARTMENT
STAFF REPORT
May 20, 2014
E.3
FLD2014 -03009
Flexible Development application to permit a 5,206 square foot restaurant with drive -
thin facilities in the Commercial (C) District with a lot area of 55,751 square feet, a
lot width of 150 feet along Gulf to Bay Boulevard, front (north) setback of 4.6 feet (to
proposed pavement for bike rack pad) and 52.7 feet (to proposed building), front
(west) setback of 8 feet (to proposed pavement) and 74.3 feet (to proposed building),
side (south) setback of 55.5 feet (to proposed pavement) and 205.6 feet (to proposed
building), side (east) setbacks of 4.5 feet (to pavement), 5 feet (to proposed pavement
for dumpster pad) and 29.9 feet (to proposed building), a building height of 15.58 (to
top of flat roof), 19.34 feet (to top of parapet) and 20.25 feet (to top of roof cap
element) and 47 off - street parking spaces as a Comprehensive Infill Redevelopment
Project pursuant to Community Development Code (CDC) Section 2- 704.E; an
increase in the height of a wall in the side (east) and rear (south) setbacks from six to
eight feet pursuant to CDC Section 3- 804.B.2; and a reduction to a portion of the front
(north) perimeter landscape buffer from 15 feet to 4.6 feet, a reduction to the front
(west) perimeter landscape buffer from 15 feet to 8 feet, a reduction to a portion of the
side (east) perimeter landscape buffer from five feet to 4.5 feet, a reduction in the
amount of interior landscape island trees required fiom 19 to 16, a reduction to the
foundation plantings along the north and west building facades fiom five feet to zero
feet and an increase in the percentage of accent trees fiom 25 to 33.3 percent, as part
of a Comprehensive Landscape Program pursuant to CDC Section 3- 1202.G.
Stephanie Tyrrell, McDonalds
Stowell, Allan J Family Trust
2871 Gulf to Bay Boulevard; Located at the southeast corner of Gulf to Bay Boulevard
and Cross Boulevard
1.28 acres
Commercial General (CG) and
Residential Medium (RM)
Commercial (C) and Medium Density
Residential (MDR) Districts
Commercial (C) District
Medium Density Residential (MDR)
C and MDR Districts
C and Medium High Density, (MHDR)
ma
Districts
.Restaurant (Vacant) � sf�F n,
Restaurant ......... m .....: ....v..w3::
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ANALYSIS:
Site Location and Existing Conditions:
The 1.28 acre site is located at the southeast
comer of Gulf to Bay Boulevard and Cross
Boulevard. The property has 150 feet of
frontage along Gulf to Bay Boulevard and
372.05 feet of frontage along Cross Boulevard.
This site is accessed from driveways on both
rights -of -way. The parcel contains a single -
story building currently vacant and previously
used for restaurant (Village Inn) use totaling
5,441 square feet.
The majority of the site is covered by
impervious surface consisting of the building
and a large asphalt area to the north, south and
west of the building. A total of 74 parking
spaces are on the site which is seven spaces
fewer than the 81 required by the vehicle sales
and display use. An enclosed dumpster pad is
located at the southwest comer of the parcel.
There is an existing freestanding sign along the
north property line that is non - conforming with
regard to height that will need to be removed.
The northern 372.05 feet of the property is
within the Commercial (C) District; the intent
and purpose of which is to provide the citizens
of the City of Clearwater with convenient
access to goods and services throughout the city
without adversely impacting the integrity of
residential neighborhoods, diminishing the
scenic quality of the city or negatively
impacting the safe and efficient movement of
people and things within the City of Clearwater.
The restaurant use is allowed in the C District
but the existing structures (pavement) as well as
parking are non - conforming with regard to
setbacks and number provided. The
landscaping on site is non - conforming with
regard to widths and amount of landscaping of
perimeter buffers, interior and building fagade
requirements. The southern 55.5 feet of the
subject property is located within the Medium
Density Residential (MDR) District and only
stormwater, no commercial use related
400 W 407
and Services
GULF- ro-aareLM
Retail Sales
a C and Services
n C
Vacant a
Attached
Dwellings
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improvements, are proposed.
The immediate vicinity is characterized by a variety of residential and non - residential lases
including an established mobile home park and retail plazas to the north across Gulf to Bay
Boulevard, proposed attached dwellings to the west, and a retail plaza to the east. Property to the
south is vacant. The mobile home park neighborhood to the north is within the Mobile Home
Park (MEP) District and the retail plazas are in the Commercial (C) District, to the east and west
properties are within the Commercial (C) District and to the south properties are zoned Medium
Density Residential (MDR).
Development Proposal:
The proposal is to demolish the existing building and dumpster enclosure to redevelop the
property with 5,206 square feet of restaurant use (McDonald's) with 47 parking spaces, a new
dumpster enclosure, a stormwater facility, and landscaping. The building is proposed to be
constructed generally in the northeast comer of the property oriented north to south. The
parking spaces will be located along the south and west side of the site. There are two driveways
proposed in the general area of two existing driveways; one each on Gulf to Bay Boulevard and
Cross Circle, both being two -way. A walkway will connect the sidewalk within the Gulf to Bay
right -of -way to the entrance on the north side of the building. One freestanding sign is proposed
on the north side of the site and attached signs are shown on all four elevation facades.
Drawings of the signs which would otherwise provide such details as dimensions, area, materials
color(s) and height are not included with the submittal. In short, a sign package has not been
submitted with this application and signage whether indicated or not should not be considered as
part of the request nor would any approval of this proposal in any way imply approval of any
sign.
An eight -foot wall is proposed at the southeast comer of the property. The wall will extend 90
feet north and 240 feet west. The purpose of the wall is to mitigate sound and visual impacts of
the development from the properties to the east and south, specifically any proposed residential
development. The wall will be designed to match the building materials and colors of the
principal building.
The perimeter, interior and building fagade landscaping proposed meets the provisions of
Community Development Code (CDC) Article 3, Division 12, with the exception of the
elimination of foundation landscaping along the north and west building facades, reduction to the
widths of the north, east and west perimeter landscape buffers, a reduction to the amount of
interior landscape island trees and an increase in the amount of accent trees. The applicant has
mitigated these deficiencies through the provision of landscape material in excess of the
minimum otherwise required by the CDC. The landscape plan includes a variety of shade,
ornamental and palm trees (southern red cedar, dwarf southern magnolia, silver buttonwood,
crepe myrtle, cabbage and royal palms), as well as shrubs and ground covers (yew pine, sand
cord grass, viburnum and parson juniper). The buffers will be planted in such a manner as to
create a tiered effect along the north and east property lines fronting the Gulf to Bay and Cross
Circle rights -of -way providing adequate buffers between the subject property and adjacent
rights -of -way. The proposed landscaping along the east property line is acceptable to buffer the
abutting commercial uses and the landscaping along the south property line in conjunction with
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the stormwater retention facilities, provides and appropriate buffer between the proposed
commercial use from any future residential development.
Special Area Plan:
None
Development Parameters
Floor Area Ratio (FAR):
Pursuant to the Countywide Plan Rules and CDC Section 2- 701.1, the maximum FAR for
properties with a Future Land Use Plan (FLUP) designation of Commercial General (CG) is
0.55. The proposed FAR is 0.11, which is consistent with Code provisions.
Impervious Surface Ratio (ISR
Pursuant to the Countywide Plan Rules and CDC Section 2- 701.1, the maximum allowable ISR
is 0.90. The overall proposed ISR is 0.81 for the portion of the property with the CG
designation, which is consistent with Code provisions.
Minimum Lot Area and Width:
Pursuant to CDC Table 2 -704, there is no minimum required lot area or lot width for a
Comprehensive Infill Redevelopment Project. However, for a point of comparison, pursuant to
CDC Table 2 -702, the required lot area and lot width are to be a minimum of 10,000 square feet
and 100 feet, respectively. The lot area is 55,751 square feet and the lot width is 150 feet along
Gulf to Bay Boulevard and 372.05 feet along Cross Circle which exceeds the otherwise
minimum area and width required by Code.
Minimum Setbacks:
Pursuant to CDC Table 2 -704, there are no minimum required setbacks for a Comprehensive
Infill Redevelopment Project. However, for a point of comparison, pursuant to CDC Table 2-
702, front and side setbacks to primary structures are 25 and 10 feet, respectively. Setbacks to
parking are based upon the required landscape buffers which for the front (north and west) are 15
feet, and five feet for the side (south and east). Rear setbacks do not apply to the subject site as it
is a corner lot with two front and two side setbacks under the provisions of 3- 903.D. The
proposal includes front (north and west) setbacks to the building of 52.7 and 74.3, respectively.
The proposed side (south and east) setbacks to building are 205.6 and 29.9 feet, respectively.
The proposed setback to parking or other like vehicular use areas along the front (north and west)
are proposed to be 4.6 and eight feet, respectively and 55.5 and 4.5 feet, respectively along the
side (south and east) setbacks.
Maximum Building Height:
Pursuant to CDC Table 2 -704, there is no maximum height for a Comprehensive Infill
Redevelopment Project. However, for a point of comparison, pursuant to the aforementioned
CDC Table 2 -702, the maximum allowable height for restaurant uses is 25 feet. The proposed
building height of 15.58 feet (to top of flat roof) is less than this allowable height and is therefore
consistent with the CDC.
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Minimum Off-street Parkin
Pursuant to CDC Table 2 -704, the minimum required parking for a Comprehensive Infill
Redevelopment Project is determined by the Community Development Coordinator based on the
specific use and /or ITE Manual standards. The off - street parking requirement for restaurants is
between 7 and 12 spaces per 1,000 square feet of gross floor area, which for a 5,206 square foot
restaurant would result in a requirement between 36 and 62 spaces. As previously noted, 47
parking spaces will be provided on site. For this reason, the applicant prepared a parking demand
study which through on -site analysis of four existing McDonald's restaurants located at 1934
North Hercules Avenue, 539 South Missouri Avenue, 29978 US Highway 19 North and 1860
Gulf to Bay Boulevard that demonstrated that the proposed 47 off - street parking spaces (at a 9.03
ratio) will be adequate to meet the demand of the restaurant during all periods. As these 47
spaces are well within the acceptable range for restaurants, positive findings can be made with
regard to the requested off - street parking reduction.
In regards to the drive -thru facility, restaurants shall provide sufficient stacking distance to
accommodate eight vehicles as measured from the first point of transaction as set forth in CDC
Section 3 -1406. A typical stacking space is 18 feet in length which would require 144 feet of
stacking from the first point of transaction. As there is stacking area in excess of 200 feet from
the first point of transaction, the stacking area is consistent with the CDC.
Mechanical Equipment:
Pursuant to CDC Section 3- 201.D.1, all outside mechanical equipment must be screened so as
not to be visible from public streets and /or abutting properties. Mechanical equipment will be
located on the roof of the proposed building and will be concealed with parapet walls on all
sides.
Sight Visibility Triangles:
Pursuant to CDC Section 3- 904.A, to minimize hazards at the proposed driveways on Gulf to
Bay Boulevard and Cross Circle, 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. The development proposal includes that all utilities are to be located
underground.
Landscaping:
Pursuant to CDC Section 3- 1202.1), required perimeter buffers are based on adjacent uses and /or
street types. Further, pursuant to CDC Section 3- 903.17, perimeter buffers to parking adjacent to
rights -of -way are required to be 15 feet. The required landscape buffers are 15 feet (north —
arterial street), 10 feet (west — local street) and (south — attached dwellings and like uses) and
five feet (east — non - residential). 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
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proposed vehicular use area is 27,549 square feet requiring 2,755 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 fagade excluding areas
necessary for ingress /egress.
This proposal provides a 15 foot buffer width along the majority of the north property line with a
small portion of the buffer width being 4.6 feet to accommodate a bike rack pad. Along the west
property line the width is reduced to eight feet and along the east property line the width is
reduced to 4.5 feet. A Code compliant buffer width is provided along the south property line.
The proposal does not meet the requirements of Section 3- 1202.E in that foundation plantings
along the north and east facades are not provided. The proposal also includes a reduction to the
amount of interior landscape island trees required from 19 to 16 and an increase in the
percentage of accent trees from 25 to 33.3 percent.
As noted, the north, east and west landscape buffer widths and amount of interior landscape
island trees do not meet the provisions of CDC Article 3 Division 9. The applicant has mitigated
the deficiencies through the provision of landscape material in excess of the minimum otherwise
required by the CDC. The landscape plan includes a variety of shade, ornamental and palm trees
(southern red cedar, dwarf southern magnolia, silver buttonwood, crepe myrtle, cabbage and
royal palms), as well as shrubs and ground covers (yew pine, sand cord grass, viburnum and
parson juniper). The buffers will be planted in such a manner as to create a tiered effect along
the north and west property lines fronting the Gulf to Bay and Cross Circle rights -of -way
providing adequate buffers between the subject property and adjacent rights -of -way. The
proposed landscaping along the east property line is acceptable to buffer the abutting commercial
uses and the landscaping along the south property line in conjunction with the stormwater
retention facilities, provides and appropriate buffer between the proposed commercial use from
any future residential development.
Solid Waste:
A dumpster is proposed along the east property line approximately 90 feet north of the south
property line. The dumpster area will be screened by a solid wall with a stucco finish to match
the primary exterior color of the restaurant. The proposal has been found to be acceptable by the
City's Solid Waste and Fire Departments.
& nage:
The proposal includes a freestanding sign as indicated on Sheet C-4.1 of the site plan. In
addition, the submitted elevations indicate attached signage on all four facades. However a
formal signage package has not been presented at this time. Any forthcoming signage package
must meet Code requirements.
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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
Policy A.2.2.3 Commercial land uses shall be located at the intersection of arterial or collector
streets and should be sited in such a way as to minimize the intrusion of off-site impacts into
residential neighborhoods. New plats and site plans shall discourage the creation of "strip
commercial" zones by insuring that adequate lot depths are maintained and by zoning for
commercial development at major intersections.
The proposal includes a commercial use located at the intersection of an arterial and one local
street and is designed to minimize any impacts to any fiittiire residential neighborhood to the
south by locating the stormwater retention area and additional landscaping at the south side of
the side. As such, the proposal is largely consistent with this Policy.
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 quality of development within the City; and
Policy A.3.2.1 All new development or redevelopment of property within the City of Clearwater
shall meet all landscape requirements of the Community Development Code.
Gulf to Bay 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. Furthermore, Gulf to Bay Boulevard is specifically listed as a
"Corridor to Redevelop" within the Linkages section of the FLUE of the Comprehensive Plan.
While the proposal does not provide the required foundation landscaping along the north fagade
of the building facing Gulf to Bay Boulevard, the requisite buffer width along the front (north)
property line of the site along Gulf to Bay Boulevard 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. Also, and as mentioned
previously, the proposed landscape plan provides for a tiered effect along the north 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.
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 as a minimum development standard within the C
District and a site design generally consistent with other development in the area along Gulf to
Bay Boulevard. Specifically, the proposal with regard to landscaping is consistent with other
properties which have been subject of Level I and Level 11 site plan approvals. In addition, the
site design is consistent with the intent of the development parameters set by the Community
Development Code with regard to setbacks and landscaping. These development parameters
were specifically created because many areas of the City were inconsistent with the appearance
and character desired by the citizens of Clearwater as evidenced by the creation and subsequent
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adoption of the City's current Community Development Code. Therefore, the proposal supports
this 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 property owners to enhance the value of their property through
innovative and creative redevelopment.
The size, location and shape of the parcel are similar to other parcels in the area. The proposed
restaurant use is consistent with the character of the area along Gulf to Bay Boulevard with
regard to use and the proposal will result in a project consistent with elements of the
Comprehensive Plan, as provided above. 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 widths 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 include retail plazas and mobile home park. Uses to the east
and west include retail sales and service and proposed attached dwellings. The area to the south
is vacant and zoned residential (MDR). The proposed development (McDonald's) is a national
chain of restaurants desired and found in communities throughout the country. Furthermore, 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. Furthermore, an eight -foot wall matching the
materials and color of the principal building will mitigate any visual or sound impacts to any
future residential developments to the south. As such, it is likely that surrounding properties will
have their values enhanced. 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 city's economy and increasing its tax base as a whole.
The proposal includes the redevelopment of an existing vacant restaurant use with a new
McDonald's restaurant. 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. 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 refiirbishing of existing sites and buildings.
Improving a property typically results in an increase in its value thereby positively contributing
to the City's tax base and overall economy. The net result of the proposal will be another
attractive redevelopment in the community which can only further interest in the improvement of
surrounding properties. 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 restaurant use with landscape buffers or portions thereof that are
less than the otherwise minimum required width. The applicant has demonstrated that the
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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. The
proposal with regard to site, landscape and building design is consistent with other beautification
efforts undertaken, encouraged and installed by the City and private property owners in the City
as a whole and along Gulf to Bay Boulevard specifically. As discussed above, Gulf to Bay
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 to
Bay 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 north and east 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 proposal supports this Code section.
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
restaurant as per CDC Tables 2 -701.1 and 2 -704:
i See analysis in Staff Report
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Standard
Proposed
Consistent
Inconsistent
Floor Area Ratio
0.55
0.11
X
Impervious Surface Ratio
0.90
0.81
X
Minimum Lot Area
N/A
55,751 square feet (1.28 acres)
X
Minimum Lot Width
N/A
150 feet (Gulf to Bay Boulevard)
X
372.05 feet (Cross Circle)
Minimum Setbacks
Front: North: N/A
52.7 feet (to building)
X'
4.6 feet (to paving)
West: N/A
74.3 feet (to building)
X'
Eight feet (to paving)
Side: South: N/A
205.6 feet (to building)
X
55.5 feet (to paving)
East: N/A
29.9 feet (to building)
X'
4.5 feet (to paving)
Maximum Height
N/A
19.34 feet
X
Minimum Off- Street Parking
N/A
9.03 spaces per 1,000 sq.ft. GFA
X'
(47 spaces)
i See analysis in Staff Report
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COMPLIANCE WITH FLEXIBILITY CRITERIA:
The following table depicts the consistency of the development proposal with the Flexibility
criteria as per CDC Section 2- 704.C. (Comprehensive Infill Redevelopment Project):
i See analysis in Staff Report
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Consistent
Inconsistent
1. The development or redevelopment is otherwise impractical without deviations from
X'
the use and/or development standards set forth in this zoning district.
2. The development or redevelopment will be consistent with the goals and policies of
X'
the Comprehensive Plan, as well as with the general purpose, intent and basic
planning objectives of this Code, and with the intent and purpose of this zoning
district.
3. The development or redevelopment will not impede the normal and orderly
X'
development and improvement of surrounding properties.
4. Adjoining properties will not suffer substantial detriment as a result of the proposed
X'
development.
5. The proposed use shall otherwise be permitted by the underlying future land use
X'
category, be compatible with adjacent land uses, will not substantially alter the
essential use characteristics of the neighborhood; and shall demonstrate compliance
with one or more of the following objectives:
a. The proposed use is permitted in this zoning district as a minimum standard,
flexible standard or flexible development use;
b. The proposed use would be a significant economic contributor to the City's
economic base by diversifying the local economy or by creating jobs;
c. The development proposal accommodates the expansion or redevelopment of
an existing economic contributor;
d. The proposed use provides for the provision of affordable housing;
e. The proposed use provides for development or redevelopment in an area that is
characterized by other similar development and where a land use plan
amendment and rezoning would result in a spot land use or zoning designation;
or
f. The proposed use provides for the development of a new and /or preservation of
a working waterfront use.
6. Flexibility with regard to use, lot width, required setbacks, height and off -street
X'
parking are justified based on demonstrated compliance with all of the following
design objectives:
a. The proposed development will not impede the normal and orderly
development and improvement of the surrounding properties for uses permitted
in this zoning district;
b. The proposed development complies with applicable design guidelines adopted
by the City;
c. The design, scale and intensity of the proposed development supports the
established or emerging character of an area;
d. In order to form a cohesive, visually interesting and attractive appearance, the
proposed development incorporates a substantial number of the following
design elements:
❑ Changes in horizontal building planes;
❑ Use of architectural details such as columns, cornices, stringcourses,
pilasters, porticos, balconies, railings, awnings, etc.;
❑ Variety in materials, colors and textures;
❑ Distinctive fenestration patterns;
❑ Building stepbacks; and
❑ Distinctive roofs forms.
e. The proposed development provides for appropriate buffers, enhanced
landscape design and appropriate distances between buildings.
i See analysis in Staff Report
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COMPLIANCE WITH GENERAL APPLICABILITY STANDARDS:
The following table depicts the consistency of the development proposal with the General
Standards for �evel Two Approvals las per CDC Section 3- 914.A: _ - I comment [wtls]: Level Two Approvals
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:
Consistent
Inconsistent
1. The proposed development of the land will be in harmony with the scale, bulk,
X
coverage, density and character of adjacent properties in which it is located.
2. The proposed development will not hinder or discourage development and use of
X
adjacent land and buildings or significantly impair the value thereof.
3. The proposed development will not adversely affect the health or safety of persons
X
residing or working in the neighborhood.
4. The proposed development is designed to minimize traffic congestion.
X
5. The proposed development is consistent with the community character of the
immediate vicinity.
X
6. The design of the proposed development minimizes adverse effects, including
X
visual, acoustic and olfactory and hours of operation impacts on adjacent properties.
COMPLIANCE WITH COMPREHENSIVE LANDSCAPE PROGRAM STANDARDS:
The following table depicts the consistency of the development proposal with the
Comprehensive Landscape Program as per CDC Section 3- 1202.G:
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FLD2014 -03009 —Page 10
Consistent
Inconsistent
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 parcel proposed for development; or
b. The design, character, location and/or materials of the landscape treatment
X
proposed in the comprehensive landscape program shall be demonstrably more
attractive than landscaping otherwise permitted on the parcel proposed for
development under the minimum landscape standards
2. Lighting. Any lighting proposed as a part of a comprehensive landscape program is
X
automatically controlled so that the lighting is turned off when the business is
closed.
3. Community character. The landscape treatment proposed in the comprehensive
X
landscape program will enhance the community character of the City of Clearwater.
4. Property vahtes. The landscape treatment proposed in the comprehensive landscape
X
program will have a beneficial impact on the value of property in the immediate
vicinity of the parcel proposed for development.
5. Special area or scenic corridor plan. The landscape treatment proposed in the
NA
NA
comprehensive landscape program is consistent with any special area or scenic
corridor plan which the City of Clearwater has prepared and adopted for the area in
which the parcel proposed for development is located.
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SUMMARY AND RECOMMENDATION: - - - comment [wu2]: Bold
The Development Review Committee (DRC) reviewed the application and supporting materials
at its meeting of April � 03, 2014 and deemed the development proposal to be legally sufficient, - - - comment [wu3]: This maybe the wrong dace
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 1.28 acre site is located at the southeast corner of Gulf to Bay Boulevard and Cross
Circle;
2. That the subject property is located within the Commercial (C) and Medium Density
Residential (MDR) Districts and the Commercial General (CG) and Residential Medium
(RM) Future Land Use Plan categories;
3. That the subject property is not located in a special plan area;
4. That the proposal is to construct a restaurant use and is subject to the requisite development
parameters pursuant to Article 2 Division 7 of the CDC;
5. That the site is currently developed with a vacant restaurant (Village Inn) use;
6. That the subject property is comprised of one parcel with 150 feet of frontage along Gulf to
Bay Boulevard and 372.05 feet of frontage along Cross Circle;
7. That the proposal includes a front (north) setback of 4.6 feet (to proposed pavement for bike
rack pad) and 52.7 feet (to proposed building), front (west) setback of 8 feet (to proposed
pavement) and 74.3 feet (to proposed building), side (south) setback of 55.5 feet (to proposed
pavement) and 205.6 feet (to proposed building), side (east) setbacks of 4.5 feet (to
pavement), 5 feet (to proposed pavement for dumpster pad) and 29.9 feet (to proposed
building), a building height of 15.58 (to top of flat roof), 19.34 feet (to top of parapet) and
20.25 feet (to top of roof cap element) and 47 off - street parking spaces (9.03 spaces per
1,000 square feet of Gross Floor Area);
8. That the proposal includes a reduction to a portion of the front (north) perimeter landscape
buffer from 15 feet to 4.6 feet, a reduction to the front (west) perimeter landscape buffer from
15 feet to 8 feet, a reduction to a portion of the side (east) perimeter landscape buffer from
five feet to 4.5 feet, a reduction in the amount of interior landscape island trees required from
19 to 16, a reduction to the foundation plantings along the north and west building facades
from five feet to zero feet and an increase in the percentage of accent trees from 25 to 33.3
percent; and
9. 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 A.3.2 and A.6.4 and Policies A.2.2.3,
A.3.2.1 and A.5.5.1;
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3. That the proposal consistent with the general purpose, intent and basic planning objectives of
CDC Sections 1- 103.B.1 — 3 and D.;
4. That the development proposal is consistent with the Flexibility criteria pursuant to CDC
Section 2- 704.E.;
5. That the development proposal is consistent with the General Standards for �evel Two
Approvals pursuant to CDC Section 3- 914.A.; and , - comment [wu4]: Level Two
6. That the development proposal is consistent with the Flexibility criteria for a Comprehensive
Landscape Program pursuant to CDC Section 3- 1202.G.
Based upon the above, the Planning and Development Department recommends APPROVAL of
the Flexible Development application to permit a 5,206 square foot restaurant with drive -thru
facilities in the Commercial (C) District with a lot area of 55,751 square feet, a lot width of 150
feet along Gulf to Bay Boulevard, front (north) setback of 4.6 feet (to proposed pavement for
bike rack pad) and 52.7 feet (to proposed building), front (west) setback of 8 feet (to proposed
pavement) and 74.3 feet (to proposed building), side (south) setback of 55.5 feet (to proposed
pavement) and 205.6 feet (to proposed building), side (east) setbacks of 4.5 feet (to pavement), 5
feet (to proposed pavement for dumpster pad) and 29.9 feet (to proposed building), a building
height of 15.58 (to top of flat roof), 19.34 feet (to top of parapet) and 20.25 feet (to top of roof
cap element) and 47 off - street parking spaces as a Comprehensive Infill Redevelopment Project
pursuant to Community Development Code (CDC) Section 2- 704.E; an increase in the height of
a wall in the side (east) and rear (south) setbacks from six to eight feet pursuant to CDC Section
3- 804.B.2; and a reduction to a portion of the front (north) perimeter landscape buffer from 15
feet to 4.6 feet, a reduction to the front (west) perimeter landscape buffer from 15 feet to 8 feet, a
reduction to a portion of the side (east) perimeter landscape buffer from five feet to 4.5 feet, a
reduction in the amount of interior landscape island trees required from 19 to 16, a reduction to
the foundation plantings along the north and west building facades from five feet to zero feet and
an increase in the percentage of accent trees from 25 to 33.3 percent, as part of a Comprehensive
Landscape Program pursuant to CDC Section 3- 1202.G., subject to the following conditions:
Conditions of Approval:
1. That the final design and color of the building be generally consistent with the architectural
elevations approved by the CDB;
2. That any /all fiiture signage meets the requirements of Code and be designed to match the
exterior materials and color of the primary building;
3. That all nonconforming signage be removed or otherwise be brought into conformance with
the CDC within one year of approval of this application request or before certificate of
occupancy, whichever occurs first;
4. 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 fiilfill the obligations imposed by a state or federal
agency or undertakes actions that result in a violation of state or federal law;
5. That all other applicable local, state and /or federal permits be obtained before
commencement of the development;
6. That application for a building permit be submitted no later than May 20, 2015, unless time
extensions are granted pursuant to CDC Section 4 -407;
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That prior to the issuance of any building permits, the Fire Department may require the
provision of a Water Study performed by a Fire Protection Engineer in order to ensure that an
adequate water supply is available and to determine if any upgrades are required by the
developer due to the impact of the project. The water supply must be able to support the
needs of any required fire sprinkler, standpipe and /or fire pump. If a fire pump is required,
then the water supply must be able to supply 150 percent of its rated capacity;
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; and
That prior to the issuance of any building permits; all Land Resource requirements shall be
addressed.
Prepared by Planning and Development Department Staff:
ATTACHMENT: Resume
Community Development Board May 20, 2014
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Matt Jackson, Planner III