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FLD2014-08024k l��c� � _� �a�r � MEETING DATE: AGENDA ITEM: CASE: REQUEST: GENERAL DATA: Agent... ... ... ... ... ... ... ... .. Applicant/ Owner... ... ... . Location .. . ... . .. .. . . .. ... ... . Property Size ... ... ... ... ... .. Future Land Use Plan... .. Zoning .. . . .. ... .. . ... ... ... ... .. Special Area Plan... ... ... .. Adjacent Zoning.... North: South: East: West.• Existing Land Use... ... .... Proposed Land Use... ... ... COMMUNITY DEVELOPMENT BOARD PLANNING AND DEVELOPMENT DEPARTMENT STAFF REPORT October 21, 2014 E. 3. FLD2014-08024 Flexible Development application to permit a 2,360 square foot addition for outdoor seating to an existing restaurant in the South Beach/Clearwater Pass District of Beach by Design within the Tourist (T) District with a lot area of 18,833 square feet, a lot width of 180 feet, a front (west) setback of zero feet (to pavement) and 4.83 feet (to porch columns), a side (north) setback of zero feet (to pavement and staircase), a side (south) setback of 2.5 feet (to pavement) and 2.42 feet (to dumpster enclosure), a rear (east) setback of zero feet (to pavement and dumpster enclosure), a height of 29.83 feet with 23 off-street parking spaces as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-803.D., Community Development Code, and a reduction in the required number of accent trees within the foundation landscaping from fve to zero as per the landscaping requirements as a Comprehensive Landscape Program under the provisions of Section 3-1202.G., Community Development Code. Fowler Associates Architects, Inc. Sofronas Family Revocable Trust 431 S. Gulfview Boulevard; east side approximately 350 feet south of Fifth Street. 0.43 acres Resort Facilities High (RFH) Tourist (T) District Beach by Design; Clearwater Pass Tourist (T) District Tourist (T) District Tourist (T) District Tourist (T) District Mixed Use (Restaurant/Residential) Mixed Use (Restaurant/Residential) of South Gulfview Boulevard, �,., «t r�^,� ! � � �, s� f' �`� .s., � �� % � :� �,� ,. z ' !�' � t :t�� ��� .. . � �� . ,:._ , F/' `; ;:,< � ;. , x � �., t � ���� �T �� ; . � � ,�{.,�. ;,� A. � . � �'���,�'-', ..—�, �.�°..1 � r �'` � � ��. �� .� �� t�' � �."� � �` :, � ►^:;� � �Y ;" �'�� �� : AERIAL MAP � Cl��l 1� �ll..l Level II Flexible Develo ment A lication Review pL`u�rrr�rrG & DEV�LOpMENT .. �..f,�_,.,.,�.�,_�,,�,�_. P PP DEVELOPMENTREVIEWDIVISION 1''�„%._. , ._ ..- ANALYSIS: Site Location and Existing Conditions: The 0.43 acre site is located along the east side of South Gulfview Boulevard, approximately 350 feet south of Fifth Street. The site is accessed via an existing driveway into the subject property from Gulfview Boulevard. The existing development consists of a two-story building with 8,918 square feet of restaurant space, 1,144 square feet of outdoor patio area, two attached dwellings on the second floor, parking area and landscaping. The subject property is located within the Tourist (T) District where the intent of the Tourist District is that development be consistent with the Countywide Future Land Use Plan. The Future Land Use Plan use is Resort Facilities High (RFH) where the intent and purpose of which is to depict those areas of the county that are now developed, or appropriate to be developed, in high density residential and resort, tourist facility use; and to recognize such areas as well-suited for the combination of residential and temporary lodging use consistent with their location, surrounding uses, transportation facilities and natural resource characteristics of such areas. The immediate vicinity is characterized by a variety of resort and tourist amenities including hotels, condominiums, retail, restaurants and access to the beach via the Beach Walk improvements. The neighborhood surrounding the subject property is zoned entirely within the Tourist (T) District except for the beach area which is located within the Open Space/Recreation (OS/R) District to the northwest. Development Proposal: The proposed project involves the expansion of the second floor balcony area facing Gulfview Boulevard for the purpose of adding outdoor seating to the existing restaurant. The balcony will be expanded by 2,360 square feet, a new stair tower and separate elevator tower will be constructed on either side of the existing main entrance steps. One of the two, second floor, attached dwellings will be reduced in square footage to accommodate the patio expansion. The first floor patio area and covered roof overhang will remain with the second floor balcony extension extending towards Community Development Board October 21, 2014 FLD2014-08024 — Page 1 � Cl��l 1'1'�Lt,l Level II Flexible Develo ment A lication Review PL^rrx�x� & neveLOrMErrr P PP DEVELOPMENT REVIEW DIVISION � �_�� ." � ,.�.�. _:. � the Gulfview Boulevard frontage. The stair and elevator towers will be finished with the same building materials and colors as the existing structure. The Mediterranean blue colored roof tiles and blue/white color scheme will be replicated through the second floor balcony expansion. The support columns and balcony railing will also match the existing building materials and colors. AYChitectural �levation, proposed wesleYn farade Architectural Elevation, pr�oposed northe�n farade Architectural Elevation, proposed southern fa�ade \ Special Area Plan: Beach bv Desi�n: South Beach/Clear�water Pass: The City has demonstrated through the creation of Beach by Design and subsequent amendments to this plan that it recognizes the need for pedestrian-friendly development in order to create a vibrant active resort and waterfront destination serving tourists and locals alike. It is understood that a broad range of uses including retail sales and service, hotels and motels and restaurants contribute to the creation of the unique character and atmosphere that is Clearwater Beach. This district is identified as a distinctive area of mixed use with high rise condominiums, resort hotels, recreation, tourist, and neighborhood serving retail uses. The Clearwater Pass side of the area is Community Development Board October 21, 2014 FLD2014-08024 — Page 2 � C�La�alt,.l Level II Flexible Develo ment A lication Review PLANNING& DEVELOPMENT P PP DEVELOPMENT REVIEW DIVISION u . . S„�a��.A"Y,�aE�:.". ` �:". . relatively robust, though the availability of off-street parking is a limiting factor in the revitalization efforts. The Clearwater Bay side properties are more modest in size and economic assessment with smaller motel properties which are relatively successful. The balance of the District is made up of commercial and retail properties which provide neighborhood service uses, entertainment options and tourist shops to both residents and visitors alike. The following Beach by Design, Design Guidelines are applicable to properties located within the "South Beach/Clearwater Pass" district and supersede the Community Development Code. Beach bv Design: Section VII. Design Guidelines: Beach by Design provides that the implementation of the document involves more than community redevelopment initiatives, it also involves private development and redevelopment that conforms to design objectives and principles established in Beach by Design. These objectives and principles will help the City promote safety, encourage cleanliness, and provide a comfortable environment. It should be noted that any issue not addressed in the Design Guidelines shall be governed by the requirements of the CDC. Furthermore, the Design Guidelines are intended to be administered in a flexible manner to achieve the highest quality built environment for Clearwater Beach. Section A specifically addresses the issue of density. The proposal includes an existing restaurant with 11,340 square feet of floor area and two attached dwellings within the two-story building results in a FAR of 0.62. The proposed open air seating area does not impact the existing FAR. The maximum Floor Area Ratio (FAR) of 1.0 allows up to 18,833 square feet of floor area. The proposal is consistent with Beach by Design and the CDC with regard to density and FAR. Section B specifically addresses height and is delineated in three subsections. Section B.1 provides that a height of up to 150 feet may be permitted where additional density is allocated to the development either by TDRs, or via the Destination Resort Density Pool pursuant to the CRD designation, or via the Hotel Density Reserve where the subject property is located between South Gulfview Boulevaxd and the Gulf of Mexico or on the west side of Coronado Drive. Otherwise, height is governed by the specific Beach by Design district or, lacking such direction, the CDC. The proposal provides for a building 32 feet in height which is consistent with this provision. Section B.2 requires that portions of any structures which exceed 100 feet are spaced at least 100 feet apart. This section also includes overall separation requirements for structures over 100 feet in height as two options: (1) no more than two structures which exceed 100 feet within 500 feet; or (2) no more than four structures which exceed 100 feet within 800 feet. Since no portion of the proposed building exceeds 100 feet in height this section is not applicable to the proposal. Section B.3 provides that the floorplate of any portion of a building that exceeds 45 feet in height is limited as follows: a) Between 45 feet and 100 feet the floorplate will be no greater than 25,000 square feet except for parking structures open to the public; and, b) Between 100 feet and 150 feet, the floorplate will be no greater than 10,000 squaxe feet; and, Community Development Board October 21, 2014 FLD2014-08024 — Page 3 0 ° �T�]} f� PLANNING & DEVELOPMENT : C Q� T�rLl�l��l Level II Flexible Development Application Review DEVELOPMENTREVIEW DIVISION � �w� ;� t�;� c) Deviations to the above floorplate requirements may be approved provided the mass and scale of the design creates a tiered effect and complies with the m�imum building envelop allowance above 45 feet as described in Section C. 1.4 of the Design Guidelines. Since no portion of the proposed building exceeds 100 feet in height this section is not applicable to the proposal. Section C addresses issues relating to design, scale and building mass. These topics are quantified in six parts as follows: Section C.1 requires buildings with a footprint of greater than 5,000 square feet or a single dimension greater than 100 feet to be constructed so that no more than two of the three building dimensions in the vertical or horizontal planes are equal in length. The proposed building footprint is approximately 11,441 square feet and the western farade is approximately 124.83 feet. While the building meets the square footage threshold, only one horizontal plane of the building extends for more than 100 feet and the fa�ade is broken into several architectural elements, none of which is greater than 100 feet. Therefore, the proposal is consistent with this section. Section C.2 requires no plane or elevation to continue uninterrupted for greater than 100 feet without an offset of more than five feet. No architectural element or portion of the fa�ade is greater than 100 feet. Section C.3 requires at least 60 percent of any elevation (with elevation being defined as that portion of a building that is visible from a particular point outside the parcel proposed for development) to be covered with windows or architectural decoration. The percentage of architectural decoration or windows of each of the facades is as follows; west elevation 79.2%, north elevation 64.3%, south elevation 66.5% and the east elevation which does not face a right-of-way. Therefore, this provision is supported by the proposal. Section C.4 provides that no more than 60 percent of the theoretical maximum building envelope located above 45 feet will be occupied by a building. The maximum building height will be 32 feet therefore; this section is not applicable to the proposal. Section C.5 requires that the height and mass of buildings will be correlated to: (1) the dimensional aspects of the parcel proposed for development and (2) adjacent public spaces such as streets and parks. The adjacent Gulfview Boulevard right-of-way is approximately 70 feet in width and the proposed height of 32 feet is significantly less than the permitted height of 100 feet. Given the height of the building there should be no negative effect on adjacent public spaces. Therefore, this provision is supported by the proposal. Section C.6 permits buildings to be designed for a vertical or horizontal mix of permissible uses. The development proposal will continue the existing uses of restaurant and attached dwellings, which is supported by this Guideline. Section D addresses the issues of sidewalk widths, setbacks and stepbacks. These topics are quantified in three parts as follows: Section D.1 The existing setback of 6.83 feet will be maintained along the western fa�ade except for the support columns of the expanded second floor balcony. At the base of each of Community Development Board October 21, 2014 FLD2014-08024 — Page 4 Y C�I.Nl r!'�l�l Level II Flexible Develo mentA lication Review PLANNING&DEVELOPMENT P PP DEVELOPMENT REVIEW DIVISION � �� �� �-.,, . the proposed support columns the setback will be reduced to 5.83 feet. The existing sidewalk as well as the existing landscaping within the front setback will not be impacted. Therefore, this Guideline is met by this proposal. Section D.2 provides that side and rear setbacks shall be governed by the provisions of the Tourist District; the existing side (north) setback to stairs is 0.33 feet and the existing rear (east) setback to paving is one foot; the existing conditions will not be impacted by the proposed project. Therefore, this Guideline is met by this proposal. Section D.3 addresses setbacks and stepbacks along Coronado and Hamden Drives. The proposal is not located along Coronado Drive or Hamden Drive, therefore this guideline is not applicable to the proposal. Section E addresses issues of street-level facades and the incorporation of human-scale features into the facades of buildings in three parts. Section E.1 requires that at least 60 percent of the street level facades (the portion of the building within 12 feet of grade) of buildings used for nonresidential purposes which abut a public street or pedestrian access way, will include windows or doors that allow pedestrians to see into the building, or landscaped or hardscaped courtyard or plazas, where street level facades are set back at least 15 feet from the edge of the sidewalk and the area between the sidewalk and the facade is a landscaped or hardscaped courtyard or plaza. In addition, parking structures should utilize architectural details and design elements such as false recessed windows, arches, planter boxes, metal grillwork, etc. instead of transparent alternatives. When a parking garage abuts a public road or other public place, it will be designed such that the function of the building is not readily apparent except at points of ingress and egress. The existing street level fa�ade is 47 percent open due to the existing ramped area and this condition is not being impacted by the proposed project. The project includes the expansion of the second floor patio area which will be 74 percent open and complies with this Guideline. No parking structures are proposed and this portion of the Guideline is not applicable. Section E.2 provides that window coverings, and other opaque materials may cover no more than 10 percent of the area of any street-level window in a nonresidential building that fronts on a public right-of-way. No window coverings are planned for the existing and new windows facing the street and therefore, this Guideline is not applicable. Section E.3 requires that building entrances should be aesthetically inviting and easily identified. The entrance to the building is generous in size and includes the addition of the elevator and stair towers to further accentuate the entrance. Therefore, this Guideline is met by this proposal. Section E.4 recommends the use of awnings and other structures that offer pedestrians cover from the elements especially at entryways. The existing restaurant has always used awning and canopies to protect the customers and this tradition will be maintained. Additionally, the second floor patio area will feature a covered roof area for protection of the customers. Therefore, this Guideline is met by this proposal. Community Development Board October 21, 2014 FLD2014-08024 — Page 5 � p���T + 4� PLANNING & DEVELOPMENT � C V(41 1'1'�l�1 Level II Flexible Development Application Review DEVELOPMENT REVIEW DIV[SION � *�.� , , , Section F addresses issues related to the treatment of parking areas. To create a well-defined and aesthetically appealing street boundary, all parking areas will be separated from public rights-of- way by a landscaped decorative wall, fence or other opaque landscape treatment of not less than three feet and not more than 3.5 in height. The existing parking area will remain as well as the existing landscaping surrounding the parking area will remain. The existing landscaping will be trimmed in order to ensure that open sight distance triangles are maintained, therefore, the project is consistent with this Guideline. Section G addresses issues related to signage. A sign package has not been included with the submittal. Any proposed signage will be required to meet the requirements of this section of Beach by Design and any applicable portions of the Community Development Code. Section H addresses issues related to sidewalks (also addressed in part by Section D, above) and provides that all sidewalks along arterials and retail streets should be at least 10 feet in width. The existing sidewalk is four feet in width and will not be impacted by the proposed project. The issue of expanding the sidewalk to comply with the required 10 foot width shall be acknowledged by the applicant in order to meet compliance with this Guideline. Section I addresses issues related to street furniture and bicycle racks. The project includes the installation of a new bike rack and the proposed location shall not impact existing landscaping. The bike rack will not impact the sidewalk or pedestrian traffic, which is consistent with this Guideline. Section J addresses issues related to street lighting. Street lighting installed by the City already exists along Gulfview Boulevard. Additional street lighting is not proposed with this development. Therefore, this section is not applicable to the proposal. Section K addresses issues related to fountains. A fountain is not proposed with this development. Therefore, this section is not applicable to the proposal. Section L addresses issues related to materials and colors. Finish materials and building colors are required to reflect Florida or coastal vernacular themes. The existing blue tile roof material will be utilized in the expanded second floor porch roof with architectural definition being provided at the terminus both the elevator and stair towers as well as at the northern corner of the expanded porch roof. The remainder of the blue, white and brown color scheme and existing building materials will either remain as existing or be replicated through the proposed expansion. The existing signage will remain in the location above the main entrance and additional proposed signage will be pursued through a separate application. The proposed color scheme and material schedule meets the requirements of this section. 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.3.1 — All signage within the City of Clea�vater shall be consistent with the Clea�vater sign code, as found within the Community Development Code, and all proposed Community Development Board October 21, 2014 FLD2014-08024 — Page 6 ' li�bRi 1'tLiLel Level II Flexible DevelopmentApplication Review . . �� K'.�� " : �. °: . signs shall be evaluated to determine their effectivenes� enhancing the safery and attractiveness of the streetscape. The proposal does not include a sign package at this committed to complying with a11 requirements of the CDC. Objective. PLANNING & DEVELOPMENT DEVELOPMENT REVIEW DIVISION in reducing visual clutter and in time. However, the applicant has Therefore, the proposal supports this Objective A.S.S — Promote high qualiry design standards that support Clearrvater's image and contribute to its identity. Policy A.S.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 standard development within the Tourist District and a site design generally consistent with other development in the area along Gulfview Boulevard. The immediate area surrounding the subject property is pedestrian- oriented with a variety of commercial uses providing amenities to the visiting tourist as well as resident of the community. The proposed project will provide upgrades to the existing site and provide for an active desirable use within the established commercial area. Objective A.6.4 — Due to the built-out character of the city of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code; 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. The subject property is a small parcel in comparison to the majority of surrounding parcels and as such provides for limited development and/or redevelopment options which would be consistent with the CDC. The proposed expansion of an existing restaurant will continue to provide a commercial amenity to the existing neighborhood. Objective A.6.6 - Tourism is a substantial element of the City's economic base and as such the City shall continue to support the maintenance and enhancement of this important economic sector. The proposed restaurant expansion will support the tourist base and the proposal meets this Objective. Policy A.6.8.3 - Where appropriate, development shall provide a sense of pedestrian scale on streets through minimal front setbacks, similar building heights, street trees and proportionality of building heights to street widths. The proposal includes expansion of the second floor outdoor patio seating area to an existing restaurant which already provides outdoor patio seating on the first floor. The combined first and second floor outdoor seating areas will enhance the interaction between the existing use, the attractive fa�ade and the inviting area to pedestrians through the maintained architectural character and overall building character. As explored in detail previously in this document, the proposal is consistent with the Design Guidelines of Beach by Design including those provisions addressing pedestrian scale, setbacks, stepbacks and proportionality vis-a-vis building height and street widths and supports this Policy. Community Development Board October 21, 2014 FLD2014-08024 — Page 7 ° r +pf� PLANNING & DEVELOPMENT � C��1 ��ll.l Level II Flexible Development Application Review DEVELOPMENT REVIEW DIVISION - ��; Community Development Code: The proposal supports the general purpose, intent and basic planning objectives of the CDC as follows: Section 1-103.B.1. Allowing property owners to enhance the value of their property through innovative and creative redevelopment. The location and shape of the parcel is similar to other parcels in the area, however, the size is slightly smaller than the majority of the parcels fronting along Gulfview Boulevard. The existing restaurant and proposed expansion is consistent with the character of the area along Gulfview Boulevard with regard to use and the proposal will result in a project consistent with elements of the Comprehensive Plan, as provided above. 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 include a variety of commercial and tourism related uses consistent with the Tourist District and the proposed restaurant expansion will enhance the immediate area. The surrounding land uses of hotels, retail, and beach areas will benefit from the continuation of the full-service restaurant within walking distance. The proposal is consistent with the level of design (both site and building) as applied to surrounding area properties and others throughout the City. It is anticipated that the proposal will result in a positive impact on those surrounding properties. Therefore, the proposal supports this CDC section. Section 1-103. D. It is the further purpose of this Development Code to make the beautification of the ciry 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 an expansion to an existing full-service restaurant with landscape planting areas and extensive outdoor customer area. The applicant has demonstrated that the proposed building and site plan are consistent with what is required by the CDC as well as Beach by Design. Section 1-103. E. 5. Preserve the natural resources and aesthetic character of the community for both the resident and tourist population consistent with the city's economic underpinnings. The development proposal will support both the resident and tourist populations with a full- service restaurant. The proposal will be consistent with regard to the desired form and function of the Design Guidelines of Beach by Design, therefore, the proposal supports this CDC Section. Section 2-801 Intent of the Tourist District and Resort High Facilities FLUP classification. The CDC provides that the Tourist (T) District may be located in more than one land use category. It is the intent of the T District that development be consistent with the Countywide Future Land Use Plan as required by state law. The uses and development potential of a parcel of land within the T District shall be detertnined by the standards found in this Development Code as well as the Countywide Future Land Use Designation of the property, including any acreage or floor area restrictions set forth in the Rules Concerning the Administration of the Countywide Future Land Use Plan, as amended from time to time. For those parcels within the T District that have an area within the boundaries of and governed by a special area plan Community Development Board October 21, 2014 FLD2014-08024 — Page 8 '�l�tt� 1'1' �Ll.i Level II Flexible Develo ment A lication Review pLnxrrING & DEV�LOPMErrr P pP DEVELOPMENTREVIEWDIVISION :, , ��,�_6 �� � approved by the city council and the countywide planning authority, ma�cimum development potential shall be as set forth for each classification of use and location in the approved plan. Section 2.3.3.4.6 of the Countywide Land Use Rules provides that the purpose of the Resort Facilities High (RFH) FLUP classification is to depict those areas of the county that are now developed, or appropriate to be developed, in high density residential and resort, tourist facility use; and to recognize such areas as well-suited for the combination of residential and temporary lodging use consistent with their location, surrounding uses, transportation facilities and natural resource characteristics of such areas. The proposed restaurant expansion is consistent with the permitted secondary uses of the RFH FLUP. Development Parameters: Floor Area Ratio (FAR� Pursuant to the Countywide Plan Rules and CDC Section 2-801.1, the maximum FAR for properties with a Future Land Use Plan (FLUP) designation of Resort Facilities High (RFH) is 1.0. The existing FAR is 0.62, which is consistent with the Countywide Plan Rules and the CDC. Impervious Surface Ratio (ISR� Pursuant to the Countywide Plan Rules and CDC Section 2-801.1, the maximum allowable ISR is 0.95. The existing ISR is 0.51 and the proposed project will have an ISR of 0.51, which is consistent with the Countywide Plan Rules and the CDC. Minimum Lot Area and Width: Pursuant to CDC Table 2-803, there is no minimum required lot area or lot width for a Comprehensive Infill Redevelopment Project. However, for a point of comparison, the required lot area and width for a restaurant is between 5,000 and 10,000 square feet and 50 and 100 feet, respectively. The lot area is 18,833 square feet and the lot width is 180 feet which is consistent with the requirements of the CDC. Minimum Setbacks: Pursuant to CDC Table 2-803, there are no minimum required setbacks for a Comprehensive Infill Redevelopment Project. The proposed building front (west) setback will be 4.83 feet to proposed support columns for the second floor balcony expansion. The remainder of the site will continue with the existing conditions as follows, the side setbacks will be zero feet (north) to an access staircase from second floor and 2.42 feet (south) to the existing dumpster enclosure and the rear (east) setback will be zero feet to the existing dumpster enclosure. The proposed project will reduce the existing front setback by two feet and the remainder of the existing conditions will not be impacted which is consistent with the requirements of the Comprehensive Infill Redevelopment project of the CDC. Maximum Building Hei h�t�. Pursuant to CDC Table 2-803, there is no maximum height for a Comprehensive Infill Redevelopment Project; however, the maximum allowable height for a restaurant can range between 25 and 100 feet. The proposed building will be a maximum of 29.83 feet which is consistent with the requirements of the CDC. Community Development Board October 21, 2014 FLD2014-08024 — Page 9 � Cl�.t1l 1'talel Level II Flexible Develo mentApplication Review PLANNING&DEVELOPIvIENT p DEVELOPMENT REVIEW DMSION - ` �: �" �: �� , ... . . Minimum Off-Street Parkin�: Pursuant to CDC Section 3-201.C., outdoor seating areas are exempt from parking requirements. As this proposal involves only the construction of 2,360 square feet of outdoor seating area, no off-street parking is required and the proposal is in compliance with Code. It is noted that 23 off-street parking space currently exist on-site and will be retained with this proposal. 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 andlor abutting properties. The proposed project will not impact the existing mechanical equipment placement. Based upon the above, the development proposal is consistent with this Code provision. Sight Visibilit�Trian�les: Pursuant to CDC Section 3-904.A, no structures or landscaping may be installed which will obstruct views at a level between 30 inches above grade and eight feet above grade within 20- foot sight visibility triangles. The existing landscaping within the sight visibility triangles will be maintained and trimmed in order to comply with the CDC 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 existing underground, which is consistent with the CDC. Landscapin� Pursuant to CDC Section 3-1202.D, there are no perimeter buffers required in the Tourist District. However, pursuant to CDC Section 3-1202.E.2, foundation landscaping that is five feet in width is required. The applicant has submitted a Comprehensive Landscaping Application consistent with CDC Section 3-1202.G. The existing mature landscaping along the western foundation area will be retained through the proposed project and meets the five foot requirement. While the dimension is consistent, the number of accent trees is deficient with zero existing where five are required. The proposed landscaping plan identifies that the southern property line will be planted with plant materials including six cabbage palms with a continuous row of viburnum. The planting area along the northern portion of the driveway entrance will be planted with five sea grapes and 24 variegated jasmine. The proposed driveway entrance plantings will provide additional enhancement of that area while also maintaining the required sight visibility triangle. The existing and proposed landscaping plan is consistent with the CDC. Solid Waste: The proposed project does not include any proposed changes to the existing dumpster enclosure or solid waste removal from the site. Si n� a�e: While signage has been depicted in the proposed drawings, a formal sign package has not been submitted. All signage will be required to meet the applicable portions of the CDC and the Design Guidelines of Beach by Design. CommuniTy Development Board October 21, 2014 FLD2014-08024 — Page 10 ' Libtii VFRL�l Level II Flexible Develo mentA lication Review PLANNING&DEVELOPMENT P Pp DEVELOPMENTREVIEWDIVISION � . '�ai""".J�i�: : a . . .. Compliance with General Applicability Standards: 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 locatec� The proposal includes the 2,360 square foot expansion of the outdoor patio area of an existing two-story mixed use within the T District on Gulfview Boulevard, approximately 350 feet south of the intersection of Gulfview Boulevard with Fifth Street. The area features a variety of retail sales, services, overnight accommodations, restaurants and attached dwellings uses. The buildings along the eastern side of the street range from two to four stories while the western side of the street features multi-story attached dwellings and beachfront hotels. The proposed expansion will not impact the ability of the existing use to blend in with the existing development pattern, scale and character of the area and therefore, the proposal supports this CDC 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. Most of the immediate area is built-out and the proposed restaurant expansion will provide a viable use and serve as an additional amenity to the existing combination of area land uses. 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 safety of persons residing or working in the neighborhood. The proposed development will adhere to current building practices and laws as the existing restaurant operations are subject to the prevue of the health board which further ensures the health and safety of the customer base and immediate community. 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. Section 3-914.A.4. The proposed development is designed to minimize traffic congestion. The proposal has been designed to have a minimal effect on traffic congestion. It is anticipated that the site will depend on the existing customer base and captured trips resulting in a primarily pedestrian customer base. The existing parking area of 23 spaces will be retained through the proposed expansion project and the additional outdoor seating is exempt from parking requirements under CDC, Section 3-201.C. The proposal will not negatively impact existing traffic congestion and will in fact minimize traffic to the subject property as the majority of the customer base will be drawn from the immediate area of overnight accommodations and residential units. 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 a variety of commercial and tourist oriented uses including retail sales and service, overnight accommodations, and restaurants. The modern architectural style of the building combined with the open air concept of the outdoor patio axeas and proposed architectural detailing will complement and enhance adjacent properties. The existing building materials and color scheme will be utilized through Community Development Board October 21, 2014 FLD2014-08024 — Page 11 k C��tsl 1'T�L�I Level II Flexible DevelopmentApplication Review PLANNING&DEVELOPMENT DEVELOPMENT REVIEW DIVISION . ��� °. �`�. , � the architectural definition and building materials of the proposed building expansion. 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 proposed building expansion will be designed to blend into the existing structure and the immediate area which will provide an improved amenity for the existing tourist oriented uses. The hours of operation will remain the same as existing which is consistent with other surrounding uses. Therefore, the proposal is consistent with this CDC Section. Compliance with Comprehensive Infill Redevelopment: The proposal supports the specific Comprehensive Infill Redevelopment Project criteria pursuant to CDC Section 2-803.D.1-6 as follows: 1. The development or redevelopment is otherwise impractical without deviations fi�om the use and/or development standards set forth in this zoning district. The proposed restaurant improvements incorporate an existing structure and the location of the physical building maintains the existing setbacks with the exception of the support columns for the expanded second floor outdoor seating area. Without the minor front yard setback reduction for the new support columns, the new outdoor seating area cannot be constructed as the required cantilever would not be feasible. The open air concept restaurant will provide the terraced layout without requiring intrusion into the public right-of-way. The applicant has provided for a development proportionately-scaled to the site and consistent with the pattern of development in the area and as desired by Beach by Design. 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 development of the site will be consistent with a variety of 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 are developed with a variety of commercial and tourist oriented uses including restaurants, overnight accommodations, retail sales and services. 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. Community Development Board October 21, 2014 FLD2014-08024 — Page 12 � 1�� + 4+ PLANNING & DEVELOPMENT ; C Q�l 1't�L�l Level II Flexible Development Application Review DEVELOPMENT REVIEW DIVISION � ,:� �� ��:-� As discussed in detail, the proposal is similar to and will support adjacent uses. In addition, the proposed building addition design, orientation, landscaping and site layout 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: a. The proposed use is permitted in this zoning district as a minimum standard, flexible standard or flexible development use; The existing restaurant and attached dwellings are permitted uses within the T District and are permitted by the underlying future land use category of RFH. Therefore, the proposal is consistent with this CDC Section. 6. Flexibility with regard to use, lot width, required setbacks, height and off-street parking are justified based on demonstrated compliance with all of the following design objectives: a. The proposed development will not impede the normal and orderly development and improvement of the surrounding properties for uses permitted in this zoning district. As mentioned, surrounding properties are developed with a variety of uses including overnight accommodations, retail, restaurants, and tourist oriented uses. The proposed restaurant expansion will support and complement surrounding uses with regard to form and function as the construction will take place within the general footprint of the existing structure. The proposal will have no negative 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. The subject property is located within the "South Beach/Clearwater Pass" character district of Beach by Design and is consistent with the established criteria of the design guidelines as examined in detail in this report. 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 similar in type and site configuration to other existing surrounding uses within this area of Clearwater Beach. The property is located within the T District and provides for a permitted use and 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; Community Development Board October 21, 2014 FLD2014-08024 — Page 13 a p�1���] } 4. PLANNING & DEVEIAPMENT � C\.[sl ►'t (�lel Level II Flexible Development Application Review DEVELOPMENT REVIEW DIVISION ��._ ���: ■ Building step backs; and ■ Distinctive roofs forms. The proposed restaurant is being development within the "South Beach/Clearwater Pass" character district of Beach by Design. The project will add vitality and promote context for the streetscape envisioned within the character district. The proposed architectural character incorporates elements anticipated within Beach by Design, and 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 proposed buffers and setbacks provide appropriate buffering and distances between buildings, similar to adjacent and surrounding developments. The landscape design will present an inviting topical appearance and meets the intent of Beach by Design. Additionally, the applicant has submitted a Comprehensive Landscaping Application as part of the submittal identifying that the existing landscaping is designed as part of the architectural theme of the building. As part of the proposed project the southern property line will be enhanced with new palms and replacement of the Sabal palms; 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. Compliance with Comprehensive Landscaping Flexibility Criteria: The proposal supports the specific Comprehensive Landscaping Flexibility Criteria pursuant to CDC Section 3-1202.G.1-5 as follows: 1. Architectural Theme. (a)The landscaping in a Comprehensive Landscaping program shall be designed as a part of the architectural theme of the principal buildings proposed or development on the parcel for the development. The existing mature front yard landscaping will remain as part of the proposed project. The proposed column installation for the second floor balcony expansion will not eliminate any of the existing plantings. The southern property line will be enhanced with new palm trees and replacement of sabal palms which is in keeping with the existing theme of the property. 2. Lighting. Any lighting proposed as part of a Comprehensive Landscaping program is automatically controlled so that the lighting is turned off when the business is closed. The existing lot lighting will not be impacted through the proposed project and will continue to be on only during existing operational hours and will remain as "turtle friendly." 3. Community Character. The landscape treatment proposed in the Comprehensive Landscape Program will enhance the community character of the City of Clearwater. The proposed landscaping, new and existing, is in keeping with the Beach by Design guidelines and will enhance the buffering of the property to the south. Community Development Board October 21, 2014 FLD2014-08024 — Page 14 ° �N n+ PLANNING & DEVELOPMENT � C Qt11 �ILL�� Level II Flexible Development Application Review nEVaLOr�rrr �v�w nivrsioN � � �°���_ 4. Property Values. The landscape treatment proposed in the Comprehensive Landscaping Program will have a beneficial impact on the value of the property in the immediate vicinity of the parcel proposed for development. The existing and proposed landscaping treatment as part of the proposed project will not only improve the value of the subject property but will provide additional buffering to the proposed restaurant development to the south. 5. Special Area or Scenic Corridor Plan. The landscape treatment proposed in the 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. The subject property is located within the South Beach/Clearwater Pass character district of Beach by Design and is consistent with other surrounding properties. 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 Redevelopment as per CDC Tables 2-803: Standard Proposed Consistent Inconsistent Floor Area Ratio 1.00 0.62 X Impervious Surface Ratio 0.95 0.51 X Minimum Lot Area N/A 18,833 square feet (0.43 acres) X Minimum Lot Width N/A 180 feet X Minimum Setbacks Front: West: N/A 4.83 feet to building X Zero feet to paving Rear: East N/A Zero feet to building X Zero feet to paving Side: North: N/A Zero feet to building X Zero feet to paving South: N/A 2.42 feet to building X 2.5 feet to paving Maximum Height N/A 29.83 feet X Minimum Determined by the community 23 spaces X� Off-Street Parking development coordinator based on the specific use and/or ITE Manual standards � See analysis in Staff Report Community Development Board October 21, 2014 FLD2014-08024 — Page 15 '. viL�l 1't�L�l Level II Flexible Development Application Review . . g'�3 ��, .:.,'. � ; . 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 Level Two Approvals as per CDC 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. 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 olfactory and hours of operation impacts on adjacent properties. 1 See arralysis in Staff Report Consistent I 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 parcel proposed for development; or b. The design, character, location and/or materials of the landscape treatment proposed in the comprehensive landscape program shall be demonstrably more attractive than landscaping otherwise permitted on the parcel proposed for development under the minimum landscape standards 2. Lighting. Any lighting proposed as a part of a comprehensive landscape program is automatically controlled so that the lighting is turned off when the business is closed. 3. Communiry 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 area or scenic conidor plan which the City of Clearwater has prepaxed and adopted for the area in which the narcel nronosed for develonment is located. Community Development Board October 21, 2014 FLD2014-08024 — Page 16 Consistent � Inconsistent X X X NA NA ° r�1� �T�l + f+ PLANNING & DEVELOPMENT : C el�l 1`!' f�l�l Levei II Flexible Development Application Review nEVELOrMErrr xEV�w ntvisiox � ��a�;��,...�., Compliance with Flexibility Criteria: The following table depicts the consistency of the development proposal with the Flexibility criteria as per CDC Section 2-803.D.1-6. (Comprehensive Infill Redevelo ment Project : Consistent Inconsistent 1. The development or redevelopment is otherwise impractical without deviations from X' the use and/or development standards set forth in this zoning district. 2. The development or redevelopment will be consistent with the goals and policies of X' the Comprehensive Plan, as well as with the general purpose, intent and basic planning objectives of this Code, and with the intent and purpose of this zoning district. 3. The development or redevelopment will not impede the normal and orderly XI 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 XI parking are justified based on demonstrated compliance with all of the following design objectives: a. The proposed development will not impede the normal and orderly development and improvement of the surrounding properties for uses permitted in this zoning district; b. The proposed development complies with applicable design guidelines adopted by the City; c. The design, scale and intensity of the proposed development supports the established or emerging character of an area; d. In order to form a cohesive, visually interesting and attractive appearance, the proposed development incorporates a substantial number of the following design elements: ❑ Changes in horizontal building planes; ❑ Use of architectural details such as columns, cornices, stringcourses, pilasters, porticos, balconies, railings, awnings, etc.; ❑ Variety in materials, colors and textures; ❑ Distinctive fenestration patterns; ❑ Building step backs; and 0 Distinctive roofs forms. e. The proposed development provides for appropriate buffers, enhanced landscape design and appropriate distances between buildings. � See analysis in Staff Report Community Development Board October 21, 2014 FLD2014-08024 — Page 17 P p�r�jr� + f. PLANNING & DEVELOPMENT � C Lttl 1T [tL�l Level II Flexible Development Application Review DEVELOPMENT REVIEW DIVISION � � ,.. SUMMARY AND RECOMMENDATION: The Development Review Committee (DRC) reviewed the application and supporting materials at its meeting of September 4, 2014, 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 0.43 acre site is located on the east side of Gulfview Boulevard, approximately 350 feet south of the intersection of Gulfview Boulevard with Fifth Street; 2. That the subject property is located within the Tourist (T) District and the Resort Facilities High (RFH) Future Land Use Plan category; 3. That the subject property is located within the "South Beach/Clearwater Pass" character district of Beach by Design; 4. That the proposal is to expand the second floor outdoor seating area by 2,360 square feet and is subject to the requisite development parameters per Article 2 Division 8 of the CDC; 5. That the site is currently developed with a full service restaurant and two attached dwelling units; 6. The subject property is comprised of one parcel with approximately 180 feet of frontage along Gulfview Boulevard; 7. The proposal includes a front (west) setback of zero feet (to paving) and 4.83 feet (to porch columns), a side (north) setback of zero feet (to paving and staircase), a side (south) setback of 2.5 feet (to paving) and 2.42 feet (to dumpster enclosure), a rear (east) setback of zero feet (to paving and to dumpster enclosure), a building height of 29.83 feet with 23 parking spaces; and, 8. 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 development proposal is consistent with the South Beach/Clearwater Pass character district of Beach by Design; 3. That the development proposal is consistent with the Design Guidelines of Beach by Design. 4. That the development proposal is consistent with applicable portions of the City's Comprehensive Plan including Future Land Use Plan Element Objectives and Policies; A.3.1, A.5.5, A.5.5.1, A.6.4, A.6.4.1, A.6.6 and A.6.8.3; 5. That the development proposal is consistent with the general purpose, intent and basic pl�nning objectiv�s of th� Community Devel�pment Code; 6. That the development proposal is consistent with the Standards as per Tables 2-801.1 and 2- 803, Community Development Code; 7. That the development proposal is consistent with the Standards as per Table 2-803 of the Community Development Code with regard to Comprehensive Infill Redevelopment Project; 8. That the development proposal is consistent with the Flexibility Criteria as per Section 2- 803.D of the Community Development Code; Community Development Board October 21, 2014 FLD2014-08024 — Page 18 ' vib(.ti ►'t(�lel Level II Flexible Develo mentA lication Review FLANNING&DEVELOPMENT p PP DEVELOPMENT REVIEW DIVISION ���s��. �•,.-, 9. That the development proposal is consistent with the General Standards for Level One and Level Two Approvals as per Section 3-914.A of the Community Development Code; 10. That the development proposal is consistent with the Comprehensive Landscaping Flexibility Criteria as per Section 3-1202.G(1-5) of the Community Development Code; and, 11. 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 pertnit a 2,360 square foot addition for outdoor seating to an existing restaurant in the South Beach/Clearwater Pass District of Beach by Design within the Tourist (T) District with a lot area of 18,833 square feet, a lot width of 180 feet, a front (west) setback of zero feet (to pavement) and 4.83 feet (to porch columns), a side (north) setback of zero feet (to pavement and staircase), a side (south) setback of 2.5 feet (to pavement) and 2.42 feet (to dumpster enclosure), a rear (east) setback of zero feet (to pavement and dumpster enclosure), a height of 29.83 feet with 23 off-street parking spaces as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-803.D., Community Development Code, and a reduction in the required number of accent trees within the foundation landscaping from five to zero as per the landscaping requirements as a Comprehensive Landscape Program under the provisions of Section 3-1202.G., Community Development Code, subject to the following conditions: Conditions of Approval: General/Miscellaneous Conditions: 1. That the final design and color of the building be generally consistent with the elevations approved by the CDB; 2. 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 minimum permitted by the CDC with regard to area, height and number without the opportunity to apply for a Comprehensive Sign Program; 3. 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; 4. That all other applicable local, state andlor federal permits be obtained before commencement of the development; Timing Conditions: 5. That application for a building permit be submitted no later than October 21, 2015, unless time extensions are granted pursuant to CDC Section 4-407; 6. That prior to the issuance of any permits all design considerations for construction within a flood zone be submitted to and approved by Staff; 7. 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 Community Development Board October 21, 2014 FLD2014-08024 — Page 19 '������u��� Level II Flexible Develo ment Application Review PLANNING & DEVELOPMENT P DEVELOPMENT REVIEW DIVISION - . . "°�� .. „ . .. .. 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; 8. That prior to the issuance of Certiiicate of Occupancy that all required Transportation Impact Fees be paid; 9. 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 ADA requirements (truncated domes per FDOT Index #304); and, 10. That prior to the issuance of any permit, all requirements of the General Engineering, Traffic Engineering and Fire Departments be addressed. Prepared by Planning and Development Department Staff: ��_� � Melissa Hauck- Baker, AICP, Planner II Community Development Board October 21, 2014 FLD2014-08024 — Page 20 /``�- � __ �. i� >�:,�,_ t '°�` LookinQ east from Gulfview Boulevard. � ,��1 � ,'pl �► �-�.. Looking southri�t fr��m ��iilfvie�r� Boulevard. �-_ _ � ..,.,.�-�, v...-rr-:-.:. �_;�-� ticcon�i tloor b�lcun� e��iil hc expandcd tu match i�irsi Iloor p�iuu sarca- Looking south�vest Yrom rear of� sub�ect propert}�. 431 South Gulfview FLD2014-08024 Melissa Hauck-Baker, AICP, NJPP 100 South Myrtle Avenue Clearwater Florida 33756 727-562-4567 a�2855 melissa.hauck-baker(a�mvclearwater.com PROFESSIONAL EXPERIENCE • Planner II, Development Review Division - July 2013 to Present City of Clearwater, FL Provide professional urban planning services to citizens, City Officials and businesses regarding Land Development Review procedures and legal requirements of the Community Development Code for the City. Assist in the day to day planning and zoning operations as well as long range planning initiatives, interdepartmental cooperation and assistance. Conduct plan reviews, site investigations, report preparation, meeting attendance and presentation of findings as relating to proposed development projects and required regulatory review procedures. Professional Planner Consultant - March 2010 to June 2013 Melissa Hauck Baker, AICP, NJPP Provide consulting services to clients as requested for various residential and commercial scale projects as relating to the necessary zoning and planning review processes required by the specific governing entity. Supervise the preparation of reports and plans, conduct site visits, attend and present findings at municipal and all related public meetings, coordinate with applicant, various municipal staff and related professional consultants. 5enior Associate — January 2005 to March 2010 Project Manager - Apri12001 to January 2005 KEPG, LLC, Atlantic City, NJ Oversee consulting services provided to municipal clients in the area of zoning, planning, master planning and redevelopment planning. Review all proposed projects before any required municipal board, authority and commission as well as any additional jurisdictional requirement of other local, state and federal entities. Provide professional guidance regarding planning and zoning concepts, zoning ordinance development, urban design issues, master plans, and redevelopment plans as outlined within the New Jersey Municipal Land Use Law. Supervise the preparation of reports and plans, conduct site visits, attend and present findings at municipal and all related public meetings, coordinate with firm staff, various municipal staff and related consultants to effectuate an efficient and thorough review process. Zoning Administrator - June 1998 to Apri12001 City Planner - November 1994 to May 1998 Historic Preservation Specialist - September 1993 to October 1994 City of Reading, PA Staff liaison and administrator to the Zoning Hearing Board, Planning Commission, Historic Architectural Review Board, Reading Redevelopment Authority and Fine Arts Board. Enforcement, interpretation and regulatory cooperation of the following ordinances; subdivision, land development, historic preservation, redevelopment and zoning. Provide assistance with downtown, neighborhood, comprehensive master plan, parks, recreation, and public property planning. Conduct site inspections, process violations, and pursue cases through the court system. Assist with review of proposed development projects in conjunction with planning, engineering, and building code staff as well as with the preparation of the Comprehensive Master Plan. Generate graphics for various presentations as required by the department. EDUCATION Bachelor of Landscap� Architecture, State Uni � ersity of 1`Tew York, S;�racuse, 199? LICENSES AND ASSOCIATION MEMBERSHIPS American Institute of Certified Planners #023351 (2009 to Present) American Planning Association (2001 to Present) Florida Chapter (2013 to Present) New Jersey Chapter (2001 to 2012) Licensed New Jersey Professional Planner #33LI00609500 (2009 to Present) .� �, LL ° � ear�va�ter � Planning & Development Department Flexible Development Application Attached Dwellings, Mixed-Uses or Non-Residential Uses IT IS INCUMBENT UPON THE APPLICANT TO SUBMIT COMPLETE AND CQRRECT INFORMATION. ANY MISLEADING, DECEPTIVE, INCOMPLETE OR INCORRECT INFORMATION MAY INVALIDATE YOUR APPLICATION. ALL APPLICATIONS ARE TO BE FILLED OUT COMPLETELY AND CORRECTLY, AND SUBMITI'ED IN PERSON (NO FAX OR DELIVERIES) TO THE PI.ANNING & DEVELOPMEIVT DEPARTMENT BY NOON ON THE SCHEDULED DEADLINE DATE. A TOTAI OF il COMPIETE 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 SUBMITTAI 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 FILIN6 THIS APPLICATION, AGREES TO COMPLY WITH ALL APPLICABIE REQUIREMENTS OF THE COMMUNITY DEVELOPMENT CODE. FIRE DEPT PRELIMARY SITE PLAN REVIEW FEE: $200 APPLICATION FEE: $1,205 PROPERTY OWNER (PER DEED): Softonas Family Revocable Trust / James Sofronas, Tre. MAILING ADDRESS: 431 S. Gulfview Blvd. Clearwater, FL 33767 PHONE NUMBER: (�27) 461-3329 EMAII: maltikatis@aol.com AGENT QR REPRESENTATIVE: Fowler Associates Architects, Inc. MAI�ING ADDRESS: 1421 Court St., Suite D, Clearwater, FL 33756 PHONE NUMBER: (727) 449-2021 EMAIL: fowlerarch@aol.com ADDRESS OF SUBJECT PROPERTY: PARCEL NUMBER(S): LEGAL DESCRIPTION: PROPOSED USE(S) 431 S. Guifview Blvd. Clearwater, FL 33767 07-29-15-S2380-000-0780 Lots 78, 79, 80 &3' of 58' of T/A Adjacent, Lloyd-White-Skinner Subdivision Mixed Use: Restaurant / Residential DESCRIPTION OF REQUEST: Remodel a portion of one of the second floor apartments and extend the current balcony Specifically identify the request to align with the ground floor patio areas; this new second floor patio seating area is (include oll requested code flexibility; approx. 2,360 s.f. and will seat approx. 155 customers. The ground floor patio seating e.g., reduction in required number of W��� be reduced by 312 s.f. to provide for stairs and elevator access. This will require parking spaces, height setbacks, lot si2e, lot width, specific use, etc.): 1. relief of required parking from 87 to 23 (existing on site) 2. relief from the required rear setback from 10' to 1' (@ parking lot; 16'@ structure) 3. relief from front yard setback of 0'-10" to 4'-10". 4. relief from side yard setback of 0'-10' to 0'-4" (to existing exit stairs) Planning & Development Deparfinent, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727�62-4567; Fax: 727-562-d865 Page 1 af 8 Revised 01/12 � Y • LL ° C earwater U Planning & Development Department Flexible Development Application Data Sheet PLEASE ENSURE THAT THE FOLLOWING INFORMATION IS FILIED OUT, IN ITS ENTIRETY. FAILURE TO COMPLETE THIS FORM WILL RESULT IN YOUR APPIICATION BEING FOUND INCOMPIETE APID POSSIBLY DEFERRED UNTIL THE FOLLOWING APPUCATION CYCLE. ZONII�G DISTRICT: FUTURE LAND USE PLAN DESIGNATION: EXISTIN6 USE (currently existing on sitej: Tourist(T) Resort Facilities High (RFH) Mixed Use: Restaurant and Residential PROPOSED USE (new use, if any; plus existing, it to remain): Mixed Use: Restaurant and Residential SITE AREA: 18,833 sq. ft. 0.43 acres GROSS FLOOR AREA (total square footage of all buildings): Existing: 8,91$ (enclosed) sq. ft. (10,062 s.f. including patio areas) Proposed: 8,918 (enclosed) sq. ft. (11,441 s.f. including patio areas) Maximum Allowable: 18,833 sq. ft. GROSS FLOOR AREA (total square footage devoted to each use, if there will be multiple uses): First u�e: (Restaurant) 5,535 sq. ft. (4,854 s.f. gr. flr. + 681 s.f. sec. flr) Second use: (Residential) 2,601 sq. ft. (3,282 s.f. less 681 s.f.) Third use: (Patio seats) 3,204 sq. ft. (844 s.f. gr. flr. + 2,360 s.f. second flr.) FLOOR AREA RATIO (total square footage of all buildings divided by the total square footage of entire site): Existing: 8,141 s.f. = 0.42 (9,292 s.f. incl. patio seating = 0.49) Proposed: 8,136 s.f = 0.43 (11,340 s.f. incl. patio seating = 0.62) Maxirr�um Allowable: 18,833s.f.= 1.00 BUILDING COVERAGE/FOOTPRINT (1�` floor square footage of all buitdings): Existing: 5,535 sq. ft. ( 29.4 % of site) (6,679 S.F. w/ patio = 35.5%) Proposed: 5,847 sq. ft. ( 31.0 % of site) (6,679 S.F. w/ patio = 35.5%) Maxim�um Permitted: 18,833 sq. ft. ( 100.0 % of site) GREEIV SPACE WITHIN VEHICULAR USE AREA (green space within the parking Iot and interior of site; not perimeter buffer): Existing: 107 sq. ft. ( �•57 % of site) Proposed: 107 sq. ft. ( 0.57 . % of site) VEHICULAR USE AREA (parking spaces, drive aisles, loading area): Existing: 9,647 sq. ft. ( 51.2 Propo�ed: 9,647 sq. ft. ( 51.2 % of site) % of site) Planning & Development Department, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727-562-4567; Fax: 727-562-4865 Page 2 of 8 Revised 01/12 � Y IMPERVIOUS SURFACE RATIO (total square footage of impervious areas divided by the totat square footage of entire site): Existing: 0.51 Proposed: 0.51 Maximum Permitted: 0.95 DENSITY (units, rooms or beds per acre): BUILDING HEIGHT: Existing: 2 Existing: 29'-10" from grade (25'-6" flr. to flr.) Proposed: 2 Proposed: Same Maximum Permitted: 12.9 Maximum Permitted: 25' to 35' OFF-STREET PARKING: Existing: 23 Proposed: 23 Minimum Required: 39 to 83 WHAT IS THE ESTIMATED TOTAL VALUE OF THE PROJECT UPON COMPLETION? $ 115,700.00 ZONING DISTRICTS FOR ALL ADJACENT PROPERTY: North: Tourist (Ovemight Accommodations) South: Tourist (Retail / New Restaurant) East: Tourist (parking for overnight accommodations) West: Tourist (S. Gulfview Blvd./ Beach) 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 pu6lic, My commission expires: Planning & Development Departrnent, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727�62-4567; Fax: 727-562-4865 Page 3 of 8 Revised 01/12 .* LL o Planning & Development Department r earwat�r Flexible Develo ment A lication � p pp � Site Plan Submittal Package Check list IN ADDITION TO THE COMPLETED FLEXIBIE DEVELOPMENT (FLD) APPLICATION, ALL FLD APPLICATIONS SHALL INCLUDE A SITE PIAN SUBMITTAL PACKAGE THAT INCLUDES THE FOLIOWING 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 shail be used to provide these responses. � Responses tn 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. ❑ If the application would result in the removal or relocation of mobile home owners residing in a mobile home park as N/A provided in F.S. § 723.083, the application must provide that information required by Section 4-202.A.5. ❑ If this application is being submitted for the purpose of a boatlift, catwalk, davit, dock, marina, pier, seawall or other si milar N/A 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: �1 Index sheet of the same size shall be included with individual sheet numbers referenced thereon. � North arrow, scale, location map and date prepared. � 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) ofthe property, as applicable. SEE FEMA MAP, ATfACHED. � Location, footprint and size of all existing and proposed buildings and structures on the site. � Location and dimensions of vehicular and pedestrian circulation systems, both on-site and off-site, with proposed points of access. � Location of all existing and proposed sidewalks, curbs, water lines, sanitary sewer lines, storm drains, fire hydrants and seawalts 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 demonsfirate compliance with the City of Clearwater Storm Drainage Design Criteria manual may be required at time of building construction permit. � Location of solid waste collection facilities, required screening and provisions for accessibility for collection. � Location of off-street loading area, if required by Section 3-1406. � All adjacent right(s)-of-way, with indication of centerline and width, paved width, existing median cuts and intersections and bus shelters. � 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. Planning 8 Development Department, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727-562-4567; Fax: 72�-562-4865 Page 4 of 8 Revised 01l12 .� � Typicai floor plans, including floor plans for each floor of any parking garage. N/Ap Demolition plan. N/AO Identification a�d description of watercourses, wetlands, tree masses, specimen trees, and other environmentally sensitive areas. $I 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. N/AC] 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. N/AO 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 shall 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 levels; or ■ The study area contains a segment of roadway andjor intersertion 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. N/A❑ 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 all 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. ❑ Interior landscape areas hatched and/or shaded and labeled a�d interior landscape cove�age, 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, �re 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 & Development Department, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727-562-4567; Fan: 727-562-4865 Page 5 of 8 Revised 01/12 ° C earwater � Planning & Development Departrnent Flexible Development Application " General Applicability Criteria PROVIDE COMPLETE RESPONSES TO EACH OF THE SIX (6) GENERAL APPLICABILIT1( CRITERIA EXPLAINING HOW, IN DETAII, THE CRITERION IS BEIN6 COMPLIED WITH PER THIS DEYELOPMENT 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. The remodeling and expansion of the patio seating is in keeping with the scale and density of the neighborhood and adjacent properties and is in keeping with the tourist character of the Beach. 2. The p�oposed development will not hinder or discourage the appropriate development and use of adjacent land and buildings or significantly impair the value thereof. Because the "footprinY' of the existing structure will change slightly, no adjacent properties will be impacted. In fact, this project will encourage pedestrian traffic and provide altemate dining experiences for tourists and residents alike. 3. The proposed development will not adversely affect the health or safety or persons residing or working in the neighborhood of the proposed use. This expansion is for an existing use and will not impact health or safety of individuals in the neighborhood. 4. The proposed development is designed to minimize traffic congestion. The parking requirements will be expanded for the additional enclosed restaurant space (681 s.f.) but no additional parking is required for patio /sidewalk cafe type seating. 5. The proposed development is consistent with the community character of the immediate vicinity of the parcel proposed for development. Outdoor restaurant seating is encouraged by the tourist market and the expansion of the existing is consistent with the character of the adjacent properties and of the district. 6. The design of the proposed development minimizes adverse effects, including visual, acoustic and olfactory and hours of operation impacts, on adjacent properties. As this is an expansion of an existing use, no adverse effects will be impacted on adjacent properties. Planning & Development Department, 700 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727-562-4567; Fax: 727-562-4865 Page 6 of 8 Revised 01/12 LL o + Planning & Development Department } C+��Wt�1,Cr Flexible Develo ment A lication p pp " Flexibility Criteria PROVIDE COMPLETE RESPONSES TO THE APPLICABLE FLEXIBILITY CRITERIA FOR THE SPECIFIC USE�S) BEING REQUESTED AS SET FORTH IN THE 20NING DISTRICT(S) IN WHICH THE SUBJECT PROPERTY IS LOCA7ED. EXPLAIN HOW, IN DETAIL, EACH CRITERION IS BEING COMPLIED WITH PER THIS DEVELOPMENT PROPOSAL (USE SEPARATE SHEETS AS NECESSARY). BEACH BY DESIGN 1. See the attached. Z Stormwater 3. L! 6. 8. 8. The existing and new roof elements will continue tp be equiped with gutters and dowlspouts and the westerly roofs will continue to drain to the existing detention areas in the front. Planning & Development Department, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727-562-4567; Fax: 727-562-4865 Page 7 of 8 Revised 01/12 ° Clear�vater Planning & Development Department Flexible Development Application � Affidavit to Authorize Agent/Representative 1. Provide names of all property owners on deed - PRINT fuil names: Safronas Family Revocable Trust / James Safronas, Tre. 2. That (I am/we are) the owner(s) and record title holder(s) of the following described property: 431 S. Gulfview Blvd. Clearwater, FL 33767 3. That this property constitutes the property for which a request for (describe request): Remodel existing residential unit to allow for additional restaurant area and patio seating. 4. That the undersigned (has/have) appointed and (does/do) appoint: Fowler Associates Architects, Inc. Stephen R. Fowler, AIA, NCARB 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. t.� � _.. ameS Sofronas, Pr perty Owner Property Owner Property Owner STATE OF FLORIDA, COUNTY OF PINELLAS Property Owner BEF�RE ME THE UNDERStGNED, AN OFFICER DULY COMMISSIONED BY THE LAWS OF THE STATE OF FLORIDA, ON �1 +-�. �2v 1 � TH�S �—I DAY OF �� , , PERSONALLY APPEARED L�- YY��-' WHO HAVING BEEN FIRST DULY SWORN DEPOSED AND SAYS THAT HE/SHE FULLY UNDERSTANDS THE GONTENTS O�E AFFIDAVIT THAT HE/SHE SIGNED. `��uJ,,,r �p �,,� , K.�'ii'�' ��� i f`"` �r�.K-�'V' - - - - - - - --- Notary Seal/Stamp My Commission Planning 8 Development Departrnent, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727-562-4567; Fax: 727-562-4865 Page S of 8 Revissd 01/12 �r SECTION 2-203. D. Comprehensive infill redevelopment projects. 1. The development or redevelopment is otherwise impractical without deviations from the use and/or development standards set forth in this zoning district; Without the minor front yard setbacks, far the new co�umns, the new patio seating area cannot be cnnstructed as the required cantiiever is not feasible. 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; This small addition to the existing restaurant will p�ovide additional outdoor patio seating for customers and provide views of the Gulf waters which are currently partially blocked by the duries. In addition, the expansion will fur#her enhance khe fa�ade by addir�g twa v�rtical elements ta a rather simple elevatinn. 3. The development or redevelopment will not impede the normal and orderly development and improvement of surrounding properties; Because the remodeliny/addition is 85% interior, the surrounding properties are not impacted nor impeded their potential redevelopment. 4. Adjoining properties will not suffer substantial detriment as a result of the proposed development; The only exterior addition to the facility will be toward the street, and therefare, adjacent properties are not impacted. 5. The proposed use shall otherwise be permitted by the underlying future land use category, be compatible with adjacent land uses, will not substantially alter the essential use characteristics of the neighborhood; and shall demonstrate compliance with one or more of the following objectives: a. The proposed use is permitted in this zoning district as a minimum standard, flexible standard or flexible development use; The current use is Mixed Use (Restaurant/Residential), which is a permitted use in this zoning district. 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; ihe increase of 2,048 5.�. �af patio seating (approximately 135 new seats) will be a great impact to the job marker, sales taxes, and visitor destinations. c. The development proposal accommodates the expansion or redevelopment of an existing economic contributor; This addition and remodeling to an existing Seactr landmark will greatly coniribute to the local economy. d. The proposed use provides for the provision of affordable housing; Since the current owners of the facility plan to continue to live there, and the remaining smaller apartment, will not be rented; but rather be available to their family and guests, no affordable housing stock is anticipated. 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 Because this project is an expansion to an already permitted use in an area of similar tourist activities, no zoning change is required and therefare no "spot zoning" is required. f. The proposed use provides for the development of a new, and/or preservatian of a working waterFront use. The expansion to the existing restaurant facility will enable many more tourists and local guests to further enjoy views of the Beach, and will not impact on the waterfront. 6. Flexibility with regard to use, lot width, required setbacks, height and off-street parking are justified based on demonstrated compliance with all of the following design objectives: a. The proposed development will not impede the normal and orderly development and improvement of the surrounding properties for uses permitted in this zoning district; Because the majority of the expansion will be internal to the "footprint" of the existing structure, adjacent properties will not be hindered in any future redevelopment. b. The proposed development complies with applicable design guidelines adopted by the city; This expansion complies with the spirit and intent of "Beach by Design" as outlined therein. c. The design, scale and intensity of the proposed development supports the established or emerging character of an area; The scale and design of this expansion is in keeping with the "neighborhood fabric" of the Beach and the immediate 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; The addition of the vertical elements and covered patio to the north makes for a more interesting facade • Use of architectural details such as columns, cornices, stringcourses, pilasters, porticos, balconies, railings, awnings, etc.; The increase of baicony/patio seating spaces and railings, as well as a r�ew colonnade satisfies this design element request. • Variety in materials, colors and textures; Additional glazed roof tile, to match the existing, as well as a glass faced elevator and stair tower and umbrellas will pravide a visual variety af colo�s. • Distinctive fenestration patterns; The introduction of the glass faced stairs, elevator hoist way and elevator cab will provide some very exciting fenestration elements. • Building stepbacks; and The existing building "footprint" and flat fa�ade will be enhanced by the introduction of the vertical elements which will require a reduction in the existing front setback from 6'-10" at the narrowest point to 4'-10" to the face of the new column. • Distinctive roofs forms. The new stair tower and elevator as well as the new cnvered seating element at the north will provided the desired interesting roof forms and offer relief from the upper floor flat roofs. e. The proposed development provides for appropriate buffers, enhanced landscape design and appropriate distances between buildings. The existing building "footprinY' provides for littfe buffering along the north�rly property line, however this area is heavily landscaped and provides privacy between the two properties. The existing parking area cannot provide for landscaping along the east property line and the landscaping material along the southerly property line will be enhanced. The lush landscaping along the S. Gulfview Blvd. R.O.W. will be maintained. ,� , ; BEACH BY DESIGN, DESIGN GUIDELINES:. A Density: 1. The maximum allowed floor area ratio (FAR) for non-residentiai development is 1.0; this project has a FAR of 0.62; weil below the threshold. 2. No TDR's will be used for this project. B. Height: 1. The maximum height altowed is 100', whereas this development will have a maximum height of 32'. 2. No portion of this project will exceed 100'. 3. No floorplate of this project will exceed 45'. C. Design, Scale and Mass of Buildings: 1. The west facade is greater than 100' (124'-10"), however the facade is broken into several architectural elements, none of which is greater than 100', to comply with the massing guidelines. 2. No architectural element or portion of the facade is greater than 100'. 3. The percents of architectural decoration or windows is as follows: West Elevation: 79.2% North Elevation: 64.3% South Elevation: 66.5% East Elevation (does not face R.O.W.): 31.9% 4. N/A. 5. With the addition of the elevato� and stair tower, the mass and scale of the facade will be in keeping with the pedestrian scale of Beach Walk . 6. N/A. D. Setbacks and Step backs: 1. Rights-of-Way: The existing setback of 6'-10" will be reduced by 12, but only at the new structural columns needed to support the new second floor balconies. The existing sidewalks wilt not be impacted. 2. Side and Rear Setbacks: These are addressed in the Flexible Development Application. 3. N/A ( Coronado and Hamden Drives) E. Street-Level Facades: 1. a.& b. The street level facade (the lower 12') is 47% due to the existing ramped area. However the open area of the new patio area is 74% open to the street. b. N/A. (Parking Structures). 2. No window coverings are planned for the existing and new windows facing the street. 3. The building entrance will be destinctive and inviting with the addition of the elevator and stair towers. 4. This iandmark restaurant has always used awnings and canopies to protect its customers and this tradition. � , a F. Parking Areas: 1. The existing parking area landscape buffers are to remain and due to the required sight triangles, no additionad landscaping or screening walls wili be installed. G. Signage: 1. A comprehensive sign application wiil be submitted for the additional signage. H. Sidewalks: 1. The existing sidewalks and "Beach Walk" landscaping will remain.. I. Street Furniture and Bike Racks: 1. A new 5 ststion bike rack will be installed to encourage ridership.. J. Street Lighting: 1. No additional street lighting is required nor necessary. K. Fountains: 1. Fountains are to be added. L. Materials and Colors: 1. The architectural theme of the existing will be expanded and enhansed as indicated in the proposed exterior elevations. Dc16NYs PNMING LOf LIWT!/ FlkiUlff NOT QI PI67PER1T. TTP. 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