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MEETING DATE:
AGENDA ITEM:
CASE:
REQUEST:
GENERAL DATA:
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Applicant/ Owner... .........
Location ... ... . . . .. . . . . . .. .. .. . . .
Property Size .................. ..
FutuNe Land Use Plan......
Zoning .. . . .. .. . . .. .. . . .. .. . . .. ..
Special Area Plan .............
Adjacent Zoning.... North:
South:
East:
West:
Existing Land Use .............
COMMUNITY DEVELOPMENT BOARD
PLANNING AND DEVELOPMENT DEPARTMENT
STAFF REPORT
January 20, 2015
E.6
FLD2014-11029
Flexible Development application to permit a 762 square foot outdoor deck
addition for outdoor seating to an existing restaurant in the Commercial (C)
and Tourist (T) Districts with a lot area of 64,783 square feet, a lot width of
226.01 feet, a front (south) setback of zero feet (to existing pavement), 3.2 feet
(to existing building) and 2.8 feet (to proposed deck), a side (east) setback of
zero feet (to existing pavement) and 104.29 feet (to existing building), a side
(west) setback of zero feet (to existing pavement) and 20.1 feet (to existing
building), a rear (north) setback of 5.36 feet (to existing pavement) and 40.1
feet (to existing building), a height of 24.5 feet with 122 off-street parking
spaces as a Comprehensive Infill Redevelopment Project, pursuant to
Community Development Code (CDC) Section 2-803.D; and a reduction to the
width of the required perimeter (south) landscape buffer from 15 to 2.2 feet as
a Comprehensive Landscape Program pursuant to CDC Section 3-1202.G.
Robert E. Gregg
Clearwater Restaurant Properties, Inc.
2930 Gulf to Bay Boulevard; north side of South Gulf to Bay Boulevard,
approximately 840 feet west of South Bayview Avenue.
1.48 acres
Commercial General (CG) and Resort Facilities High (RFH)
Commercial (C) and Tourist (T) Districts
None
Tourist (T) and Mobile Home Park (MHP) Districts
Commercial (C) District
Tourist (T) and Commercial (C) Districts
(MHP) District
Restaurant
Proposed Land Use... ... ... Restaurant
,
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ANALYSIS:
Site Location and Existing Conditions:
The 1.48 acre site is located along the north side of
Gulf to Bay Boulevard approximately 840 feet west
of South Bayview Avenue with 226.01 feet of lot
frontage. The site is accessed via two existing
driveways into the subject property from Gulf to
Bay Boulevard. The existing development consists
of one two-story building with 10,784 square feet of
restaurant space, 471 square feet of outdoor patio
area, parking area and landscaping.
The south 270.04 feet of the subject property is
located within the Commercial (C) District with the
remaining north 211.51 feet located in the Tourist
(T) District. The intent of the C District is to provide
the citizens of the City of Clearwater with
convenient access to goods and services throughout
the city without adversely impacting the integrity of
residential neighborhoods, diminishing the scenic
quality of the city or negatively impacting the safe
and efficient movement of people and things within
the City of Clearwater. The intent of the T District is
that development be consistent with the Countywide
Future Land Use Plan. The Future Land Use Plan
categories are Commercial General (CG) and Resort
Facilities High (RFH). The purpose of the CG
category is to depict those areas of the county that
are now developed, or appropriate to be developed,
in a manner designed to provide community and
countywide commercial goods and services; and to
recognize such areas as primarily consistent with the
need, relationship to adjoining uses and with the
objective of encouraging a consolidated,
concentrated commercial cent providing for the full
spectrum of commercial uses. The purpose of the
RFH category 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.
PLANNING & DEVELOPMENT
DEVELOPMENT REVffiW DIVISION
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Community Development Board January 20, 2015
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The immediate vicinity is characterized by a variety of commercial uses including mobile home
park to the north, retail sales and services and attached dwellings to the south, overnight
accommodations to the east and social and community center to the west. The neighborhood
surrounding the subject property is zoned T District to the north, C District to the south and east
and Mobile Home Park (MHP) District to the west.
Code Enforcement Analysis:
There is one active Code Compliance case for the subject property (SW02014-07038) for which
a complaint was submitted that the proposed deck was under construction without a permit.
Development Proposal:
The proposal is to construct 762 square feet of outdoor deck for seating where 471 square feet of
outdoor deck exists for a total of 1,233 square feet of outdoor seating area. The entirety of the
proposed deck is to be located in the portion of property in the C District. The proposed deck
will be at the same grade as the existing and have a front (south) setback of 2.8 feet and not
protrude past the front of the south building fa�ade which faces Gulf to Bay Boulevard.
The existing building and parking area will remain unchanged and the outdoor deck does not
require additional parking. As such, there will be no impact upon the F.A.R., minimum lot area,
minimum lot size, maximum building height and parking standards. The development proposal's
compliance with those remaining applicable development standards of the Community
Development Code (CDC) is discussed below.
The application is being processed as a Comprehensive Infill Redevelopment Project application
as a 25 foot front setback is required either under minimum or flexible standard development
standards. Flexibility is allowed to be requested between 15 and 25 feet as part of a Level Two
application but the proposal includes the aforementioned front (south) setback of 2.8 feet which
exceeds the otherwise permissible flexibility.
Special Area Plan:
None
Community Development Code:
The proposal supports the general purpose, intent and basic planning objectives of the CDC as
follows:
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 uses consistent with the C and T
Districts and the proposed outdoor deck expansion should have no effect on those uses. The
surrounding land uses of hotel, mobile home park, retail sales and services, attached dwellings
and social and community center will continue to benefit from the full-service restaurant within
walking distance. The proposal is consistent with the existing level of design of the building and
site and provide for landscaping designed to enhance the site and surrounding properties. It is
Community Development Board January 20, 2015
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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 city a matter of the highestpriority 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 proposed outdoor seating expands an already attractive amenity to the restaurant use and the
perimeter landscaping proposed is of higher quality than the landscaping of the surrounding
properties.
Development Parameters:
Impervious Surface Ratio �ISR):
Pursuant to the Countywide Plan Rules and CDC Sections 2-701.1 (C District) and 2-1201.1 (T
District), the ma�cimum allowable ISR is 0.90 and 0.95, respectively. The overall proposed ISR
is 0.16, which is consistent with Code provisions.
Minimum Setbacks:
Pursuant to CDC Table 2-704, there are no minimum required setbacks for a Comprehensive
Infill Redevelopment Project. However, for a point of comparison, pursuant to CDC Table 2-
702 (C District the location of the proposed improvements), front setbacks to primary structures
are 25 feet. The proposed front (south) setback will be 2.8 feet to proposed deck and will not
extend past the south building facade. The remainder of the site will continue with the existing
conditions as follows, the front (south) setbacks are zero feet (to pavement) and 3.2 feet (to
building), the side (east) setbacks are zero feet (to pavement) and 104.29 feet (to building), the
side (west) setbacks are zero feet (to pavement) and 20.1 feet (to building) and the rear (north)
setbacks are 5.36 feet (to pavement) and 40.1 feet (to building).
Si�ht Visibility Triangles:
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. There are existing overhead utilities which serve the site running along Gulf
to Bay Boulevard and undergrounding of the utilities for an outdoor deck expansion is not
practical.
Landscapin�
Pursuant to CDC Section 3-1202.D, required perimeter buffers are based on adjacent uses and/or
street types. The required landscape buffer along the south property line to be affected by the
deck addition is 15 feet. The request includes a reduction of the buffer width from 15 to 2.8 feet.
Community Development Board January 20, 2015
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This proposal maintains the existing perimeter buffer along the south property line and continues
the buffer around the east side of the proposed deck. The perimeter buffer has a tiered effect
and is planted with annuals to be changed seasonally and perennials such as poinsettia, mum,
marigold and impatient. Directly behind the annuals and perennials will be a row of liriope with
a continuous row of flowering shrubs (jatropa) directly behind. Along the east side of the
proposed deck annuals and perennials will be planted as well as a cane palm tree with three
trunks.
Solid Waste:
The proposed project does not require or include any proposed changes to the existing dumpster
enclosure location or design.
Si�na�e:
There is an existing freestanding sign at the southeast corner of the property. No additional
signage is included in this application and all future signage will be required to meet the
applicable portions of the CDC.
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 located.
The proposal includes the 762 square foot expansion of the outdoor patio area of an existing two-
story restaurant use within the C and T Districts on Gulf to Bay Boulevard, approximately 840
feet west of South Bayview Avenue. The area features a variety of uses including mobile home
park, retail sales and services, overnight accommodations, restaurant, attached dwellings and
social and community center. 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 signi�cantly impair the value thereof.
The immediate area is built-out and the proposed deck expansion will expand an existing
amenity of the restaurant. The proposal will not impair the value of adjacent properties or hinder
their redevelopment. 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.
Community Development Board January 20, 2015
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DEVELOPMENT REVIEW DiVISION
Section 3-914.A.4. The proposed development is designed to minimize traffic congestion.
The existing parking area of 122 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. Therefore, the proposal is consistent with this CDC Section.
Section 3-914.A. S. The proposed development is consistent with the communiry character of the
immediate viciniry.
As previously discussed, the community character consists primarily of a variety of commercial
uses including mobile home park, retail sales and services, overnight accommodations,
restaurant, attached dwellings and social and community center. The outdoor deck expansion
will not protrude past the south building fa�ade and the setback is consistent with outdoor seating
located at 2800 Gulf to Bay Boulevard (Hooters) where the setback to building is 1.2 feet and
2820 Gulf to Bay (Pete and Shorty's) where the setback to building is approximately one foot.
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 deck
expansion will be designed to blend into the existing deck and the immediate area which will
provide an improved amenity for the existing commercial 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 Project:
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 from the use
and/or development standa�ds set forth in this zoning district.
The proposed restaurant improvement incorporates the existing principal structure and
outdoor decking. Furthermore, the setback reduction will facilitate not reducing the number
of off-street parking spaces. The applicant has provided for a development proportionately-
scaled to the site and consistent with the pattern of development in the area. 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.
Community Development Board January 20, 2015
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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 uses
including mobile home park, retail sales and services, overnight accommodations, restaurant,
attached dwellings and social and community center. The proposal should have no impact on
the ability of adjacent properties to redevelop or otherwise be improved. Therefore, the
proposal is consistent with this CDC Section.
4. Adjoining properties will not suffer substantial detriment as a result of the proposed
development.
As discussed in detail, the proposal is similar to and will support adjacent uses. In addition,
the proposed addition design, orientation, landscaping and site layout is similar to adjacent
properties. Therefore, the proposal is consistent with this CDC Section.
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
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 is a permitted use within the C and T Districts and is permitted by
the underlying future land use categories of CG and 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, all surrounding properties are developed with a variety of commercial
uses mobile home park, retail sales and services, overnight accommodations, restaurant,
attached dwellings and social and community center. 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.
b. The proposed development complies with applicable design guidelines adopted by the
city.
There are no formal design guidelines adopted by the City applicable to the site or area
Therefore, this criterion is not applicable to the proposal.
c. The design, scale and intensity of the proposed development supports the established or
emerging character of an area.
The proposal provides for the continued operation of an existing restaurant use similar in
type and site configuration to other existing surrounding. The property is located within
the C and T Districts and provides for a permitted use and therefore, the proposal is
consistent with this CDC Section.
Community Development Board January 20, 2015
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PLANNING & DEVELOPMENT
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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
■ Distinctive roofs forms.
Architectural elements are proposed for the deck including a fountain, railings and
balusters. The railings and balusters are consistent with the design elements found in the
newly remodeled restaurant entry. 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
the proposed deck and surrounding developments. The landscape design will present an
inviting Italian garden appearance and include a fountain. Additionally, the applicant has
submitted a Comprehensive Landscape Program 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 continue to
be enhanced with tiered landscaping including annuals, perennials and a continuous row
of flowering shrubs; 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
substantial competent evidence that he is entitled to the approval requested.
The applicant has adequately demonstrated through the submittal of substantial
evidence that the request is entitled to the approval requested as required by CDC
206.D.4.
to show by
competent
Section 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:
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
southern property line will continue to be enhanced with tiered landscaping including
annuals, perennials and a continuous row of flowering shrubs 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 applicant will ensure that all lighting meets the requirements of CDC Article 3 Division
13. Proposed outdoor lighting will compliment an outdoor night-time dining experience and
Community Development Board January 20, 2015
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there will be up lighting into the existing oak tree. Outdoor lighting will be automatically
controlled so that the lighting is turned off when the business is closed.
3. Community Character. The landscape treatment proposed in the Comprehensive Landscape
Program will enhance the community character of the Ciry of Clearwater.
The additional landscaping proposed for site in combination with the existing landscaping
will make the property more attractive thereby enhancing the community character.
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 provided landscaping around the proposed deck will improve the aesthetics of the site,
provide screening of the deck and should have a beneficial impact on surrounding properties.
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.
Gulf to Bay Boulevard is designated as a Primary Scenic Corridor within Section 3-1203 of
the CDC and within the Future Land Use Element (FLUE) of the City's Comprehensive
Plan. While a specific Corridor Plan has not been adopted the intent is clear in that
properties along designated Scenic Corridors such as Gulf to Bay Boulevard are expected to
provide landscaping at least consistent with the minimum standards set forth by the CDC if
not more. The proposal includes a landscape design which is more attractive that that as
required by the minimum standards of the CDC with regard to the numbers and arrangements
of plant material. As mentioned previously, the existing landscape plan provides for a tiered
effect along the south side of the site and south building fa�ade consisting of annuals,
perennials and a continuous row of flowering shrubs. Therefore, the proposal supports this
Code section.
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 Table 2-704 (C District):
Standard Proposed Consistentl Inconsistent
Impervious Surface Ratio 0.90 and 0.95 (C and T 0.16 X
Districts)
Minimum Setbacks Front: South N/A 2.8 feet to proposed deck X
Zero feet to paving
Rear: North N/A 40.1 feet to building X
5.36 feet to paving
Side: East N/A 104.29 feet to building X
Zero feet to paving
West N/A 20.1 feet to building X
Zero feet to avin
' See analysis in Staff Report
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PLANNING & DEVELOPMENT
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Compliance with General Applicability Standards:
The following table depicts the consistency of the development proposal with the General
Standards for Level Two Approvals as per CDC Section 3-914.A:
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 ad'acent properties.
� See analysis in Sta,�'f Report
Consistent1 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. Community character. The landscape treatment proposed in the comprehensive
landscape program will enhance the community character of the City of Clearwater.
4. Property values. The landscape treatment proposed in the comprehensive landscape
program will have a beneficial impact on the value of property in the immediate
vicinity of the parcel proposed for development.
5. Specia! 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.
Community Development Board January 20, 2015
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Consistent� � Inconsistent
X
X
X
X
X
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Compliance with Flexibility Criteria: _
The following table depicts the consistency of the development proposal with the Flexibility
criteria as per CDC Section 2-704.E.1-6. (C District Comprehensive Infill Redevelopment
Project):
1. The development or redevelopment is otherwise impractical without deviations from
the use and/or development standards set forth in this zoning district.
Consistent' I Inconsistent
X
2. The development or redevelopment will be consistent with the goals and policies of X
the Comprehensive Plan, as well as with the general purpose, intent and basic
planning objectives of this Code, and with the intent and purpose of this zoning
district.
3. The development or redevelopment will not impede the normal and orderly X
development and improvement of surrounding properties.
4. Adjoining properties will not suffer substantial detriment as a result of the proposed X
development.
5. The proposed use shall otherwise be permitted by the underlying future land use X
category, be compatible with adjacent land uses, will not substantially alter the
essential use characteristics of the neighborhood; and shall demonstrate compliance
with one or more of the following objectives:
a. The proposed use is permitted in this zoning district as a minimum standard,
flexible standard or flexible development use;
b. The proposed use would be a significant economic contributor to the City's
economic base by diversifying the local economy or by creating jobs;
c. The development proposal accommodates the expansion or redevelopment of
an existing economic contributor;
d. The proposed use provides for the provision of affordable housing;
e. The proposed use provides for development or redevelopment in an area that is
characterized by other similar development and where a land use plan
amendment and rezoning would result in a spot land use or zoning designation;
or
£ The proposed use provides for the devetopment of a new and/or preservation of
a working waterfront use.
6. Flexibility with regard to use, lot width, required setbacks, height and off-street X
parking are justified based on demonstrated compliance with all of the following
design objectives:
a. The proposed development will not impede the normal and orderly
development and improvement of the surrounding properties for uses permitted
in this zoning district;
b. The proposed development complies with applicable design guidelines adopted
by the City;
c. The design, scale and intensity of the proposed development supports the
established or emerging character of an area;
d. In order to form a cohesive, visually interesting and attractive appearance, the
proposed development incorporates a substantial number of the following
design elements:
❑ Changes in horizontal building planes;
❑ Use of architectural details such as columns, cornices, stringcourses,
pilasters, porticos, balconies, railings, awnings, etc.;
❑ Variety in materials, colors and textures;
❑ Distinctive fenestration patterns;
❑ Building step backs; and
❑ Distinctive roofs forms.
e. The proposed development provides for appropriate buffers, enhanced
landsca e desi and a ro riate distances between buildin s.
� See analysis in Staff Report
Community Development Board January 20, 2015
FLD2014-11029- Page 11
� L�Vttil 1�lt�ll.� Level II Plexible Develo ment A lication Review PL`wrr�vG & DEV�LOpMErrr
P pp DEVELOPMENT REVIfiW DIVISION
� m _ �..:��:�:r .� _
SUMMARY AND RECOMMENDATION:
The Development Review Committee (DRC) reviewed the application and supporting materials
at its meeting of December 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 1.48 acre site is located on the north side of Gulf to Bay Boulevard, approximately
840 feet west of South Bayview Avenue;
Z. That the subject property is located within the Commercial (C) and Tourist (T) Districts and
the Commercial General (CG) and Resort Facilities High (RFH) Future Land Use Plan
categories;
3. That the proposal is to expand the outdoor seating area by 762 square feet and is subject to
the requisite development parameters per Article 2 Division 7 of the CDC;
4. That the site is currently developed with a full service restaurant;
5. That the subject property is comprised of one parcel with 226.01 feet of frontage along Gulf
to Bay Boulevard;
6. That the proposal includes a front (south) setback of zero feet (to paving) and 2.8 feet (to
proposed deck), a side (east) setback of zero feet (to pavement) and 104.29 feet (to building),
a side (west) setback of zero feet (to pavement) and 20.1 feet (to building), a rear (north)
setback of 5.36 feet (to pavement) and 40.1 feet (to existing building), a building height of
24.5 feet with 122 parking spaces; and
�. That there is one active stop work order case (SW02014-0738) for construction of the
proposed deck without a building permit.
Conclusions of Law:
The Planning and Development Department, having made the above findings of fact, reaches the
following conclusions of law:
1. That the development proposal is consistent with the pattern of development of the
surrounding neighborhood;
2. That the proposal is consistent with the general purpose, intent and basic planning objectives
of the CDC pursuant to CDC Section 1-103;
3. That the proposal is consistent with the intent of the C and T Districts and CG and RFH
FLUP classifications;
4. That the development proposal is consistent with the Standards pursuant to CDC Tables 2-
704 (C District) and 2-803 (T District);
5. That the development proposal is consistent with the General Standards for Level One and
Two Approvals pursuant to CDC Section 3-914.A;
6. That the development proposal is consistent with the Flexibility criteria pursuant to CDC
Section 2-704.E;
7. That the development proposal is consistent with the Flexibility criteria for a Comprehensive
Landscape Program CDC Section 3-1202.G; and
8. That the proposal is consistent with certain applicable portions of the Comprehensive Plan as
outlined in this report.
Community Development Board January 20, 2015
FLD2014-11029- Page 12
� C1�.N1 YY�L�1 Level II Flexible Develo ment lication Review PLANMNG&DEVELOPMENT
P APP DEVELOPMENT REVIEW DIVISION
u. °� s<<,ac..., �:� . . . �
Based upon the above, the Planning and Development Department recommends APPROVAL of
the Flexible Development application to permit a 762 square foot outdoor deck addition for
outdoor seating to an existing restaurant in the Commercial (C) and Tourist (T) Districts with a
lot area of 64,783 square feet, a lot width of 226.01 feet, a front (south) setback of zero feet (to
existing pavement), 3.2 feet (to existing building) and 2.8 feet (to proposed deck), a side (east)
setback of zero feet (to existing pavement) and 104.29 feet (to existing building), a side (west)
setback of zero feet (to existing pavement) and 20.1 feet (to existing building), a rear (north)
setback of 5.36 feet (to existing pavement) and 40.1 feet (to existing building), a height of 24.5
feet with 122 off-street parking spaces as a Comprehensive Infill Redevelopment Project,
pursuant to Community Development Code (CDC) Section 2-803.D; and a reduction to the width
of the required perimeter (south) landscape buffer from 15 to 2.8 feet as a Comprehensive
Landscape Program pursuant to CDC Section 3-1202.G, subject to the following conditions:
Conditions of Approval:
1. That the final design of the deck be generally consistent with the plans approved by the CDB;
2. That the landscaping within the 20-foot sight visibility triangles be maintained and trimmed
in order to comply with CDC Section 3-904.4 requirements;
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 and/or federal permits be obtained before
commencement of the development;
5. That application for a building permit be submitted no later than January 20, 2016, unless
time extensions are granted pursuant to CDC Section 4-407;
6. That prior to the issuance of any building permits, the Fire Department may require the
provision of a Water Study performed by a Fire Protection Engineer in order to ensure that an
adequate water supply is available and to determine if any upgrades are required by the
developer due to the impact of the project. The water supply must be able to support the
needs of any required fire sprinkler, standpipe and/or fire pump. If a fire pump is required,
then the water supply must be able to supply 150 percent of its rated capacity;
7. That prior to the issuance of any permit, all requirements of the Engineering, Environmental
and Fire Departments be addressed;
8. That prior to the issuance of any building permits, the wooden deck slot width be provided;
and
9. That prior to the issuance of a Certificate of Occupancy, the Transportation Impact Fee be
paid.
Prepared by Planning and Development Department Staff:
att Jackson, Planner III
ATTACHMENTS: Resume, Photographs
Community Development Board January 20, 20l 5
FLD2014-11029- Page 13
Looking west at the location of the proposed deck.
Looking west at the landscaping along the south properiy
line and east of proposed deck.
Looking northwest at south side of property.
Looking east from location of proposed deck.
Looking west at south property line of 2800 Gulf to Bay
Boulevard (Hooters).
Looking west at south properiy line of 2820 Gulf to Bay
(Pete and Shorty's).
2930 Gulf to Bay Boulevard
FLD2014-11029
Matthew Jackson
100 South Myrtle Avenue
Clearwater, Florida 33756
(727)562-4504
matthew. iacksonna,mvclearwater.com
PROFESSIONAL EXPERIENCE
❑ Planner III February 2013 to present
City of Clearwater, Clearwater, Florida
Duties include performing the technical review and preparation of staff reports for various land
development applications, the organization of data and its display in order to track information and
provide status reports, and making presentations to various City Boards and Committees.
❑ Planner II
City of Clearwater, Clearwater, Florida May 2011 to February 2013
October 2008 to June 2010
Regulate growth and development of the City in accordance with land resource ordinances and
regulations related to community development. Landscape plan review including: conceptual, and
variance. Reviews and analyzes site plans and conducts field studies to determine the integrity of
development plans and their compatibility with surroundings. Interdepartmental and zoning
assistance. Respond as a City representative to citizens, City officials, and businesses concerning
ordinances and regulations. Make recommendations and presentations at staff level at various review
committees, boards, and meetings.
❑ Planner I
Calvin-Giordano and Associates, Fort Lauderdale, Florida May 2005 to December 2007
Project manager for various development applications such as plat, site plan, rezoning and variances.
In-depth government agency, in-house and client coordination to ensure that the projects maintained
submittal schedules stayed within budget constraints and attained approval. Schedule and lead
project kick-off ineetings, ensure municipal project conditions were resolved, produce supporting
documents and make site visits as well. Research and prepare due diligence reports including subject
matter such as zoning, land uses, densities, available public utilities and land development costs.
Member of emergency mitigation committee formed to prepare and mitigate for natural or man-made
disasters affecting Calvin, Giordano and Associates and local municipalities.
❑ Manager
Church Street Entertainment, Orlando, Florida September 1999 to February 2004
Supervised and managed daytime and nighttime operations of a bar and nightclub entertainment
complex including 100+ staff. Conducted hiring and training operations including security and
inventory control. Managed and reconciled nightly gross revenues as well as preparing and
delivering deposits. Assisted in taking inventory and preparing weekly inventory orders, marketing
and special events.
❑ Linguist
USArmy, Fort Campbell, KY October 1991 to October 1995
Maintain fluency in the Arabic language and knowledge of customs and culture as well as military
readiness for possible deployments or training operations. Co-managed intelligence gathering
operation in Haiti including coordination between multiple Special Forces units and civilian
authorities. Interpreter between U.S. and Egyptian soldiers during training exercises. Liaison
between Special Forces battalions to coordinate certification training.
EDUCATION
o Master of Arts, Urban and Regional Planning, Florida Atlantic University, 2007
❑ Bachelor of Arts, Urban and Regional Planning, Rollins College, 2004
LL
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Planning & Development Department
Flexible Development Application
Attached Dwellings, Mixed-Uses or Non-Residential Uses
IT IS INCUMBENT UPON THE APPLICANT TO SUBMIT COMPLETE AND CORRECT INFORMATION. ANY MISLEADING, DECEPTIVE,
INCOMPLETE OR INCORRECT INFORMATION MAY INVALIDATE YOUR APPLICATION.
ALL APPLICATIONS ARE TO BE FILLED OUT COMPLETELY AND CORRECTLY, AND SUBMITTED IN PERSON (NO FAX OR DELIVERIES)
TO THE PLANNING & DEVELOPMENT DEPARTMENT BY NOON ON THE SCHEDULED DEADLINE DATE.
A TOTAL OF 11 COMPLETE SETS OF PLANS AND APPLICATION MATERIALS (1 ORIGINAL AND 10 COPIES) AS REQUIRED WITHIN
ARE TO BE SUBMITTED FOR REVIEW BY THE DEVELOPMENT REVIEW COMMITTEE. SUBSEQUENT SUBMITTAL FOR THE
COMMUNITY DEVELOPMENT BOARD WILL REQUIRE 15 COMPLETE SETS OF PLANS AND APPLICATION MATERIALS (1 ORIGINAL
AND 14 COPIES). PLANS AND APPLICATIONS ARE REQUIRED TO BE COLLATED, STAPLED AND FOLDED INTO SETS.
THE APPLICANT, BY FILING THIS APPLICATION, AGREES TO COMPLY WITH ALL APPLICABLE REQUIREMENTS OF THE
COMMUNITY DEVEtOPMENT CODE.
FIRE DEPT PRELIMARY SITE PLAN REVIEW FEE: $200
APPLICATION FEE: $1,205
:. �, R;.,.��dd'JP.E�i.;� OW9VER (PER DEED):
,-�" ` , � ":','; MAILING ADDRESS:
PHONE NUM�ER:
EMAIL:
AGENT OR REPRESENTATIVE:
MAILING ADDRESS:
,
PHONE NUMBER: "�'"�,"'? i �G}G�, � � ��"% Z
EMAIL: �G��L�,.� �, �(,.. � L��(`+� .
ADDRESS OF SUBJECT PROPERTY:
PARCEL NUMBER(S):
3'3��Cn
' ' • * � ,r► _,� :_ +� iC .+ '' � �' �'" � ?� ... ,.,�. �,r � �'
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PROPOSEDUSE(S): r�/'�" ,�,pQ� �/��-� �.�� �OI��N ��G�C ���M�pt`(�N�
DESCRIPTION OF REQUEST: �,,,�`'�,J�'�Q�j �'�✓ '��' ��'��..j� GL'��?2���j,��_
Specifically identify the request 2;%L
(include al! requested code ffexibility; �� ,� �..�� � R � � �'� ��� � � „I.� x �� J �
e.g., reduction in reguired number of ■' ' �
parking spaces, height, setbacks, lot'r� �°i.,,,,` �,� %%i� 'r'J � � N 2i I'� `�"��: �� i �'J`� � /J � fK � �� -�
size, !ot width, specific use, etc.): -rj„;.� '���,y�— ��..,'j�.,f'� �j,�"'�,��1 1D�1�'A i�( � 11.r1'� t w��
Planning & Development Department, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727-562-4567; Fax: 727-562-4865
Page 1 of 8 Revised 01/12
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Planning & Development Department
Flexible Development Application
Data Sheet
PLEASE ENSURE THAT THE FOLLOWING INfORMATION IS FILLED OUT, IN ITS ENTIRETY. FAILURE TO COMPLETE THIS FORM
WILL RESULT IN YOUR APPLICATION BEING FOUND INCOMPLETE AND POSSIBLY DEFERRED UNTIL THE FOLLOWING
APPLICATION CYCLE.
ZONING DISTRICT:
FUTURE LAND USE PLAN DESIGNATION:
EXISTING USE (currently existing on site):
/ '�
.� � � � �t � �
r
,.
,.' ). !� �1 � ' '► �
J
PROPOSED USE (new use, if any; plus existing, if to remain): �(��" r,jK:��i°j� � I I'`.1 ) p�.F� �"��j�1„ �b �����
SITE AREA: �o � �� �j�j sq. ft. +"� �''�7 �' acres
GROSS FLOOR AREA (total square footage of all buildings):
Existing� I(�j 7�i�' sq. ft. ,
Proposed: �����----- sq.ft. {�It9 `�h('Gi�Z���v'�
Maximum Allowable: � :` �y'iy �i sq. ffi.
,
GROSS FLOOR ARE.� (total square.foatage de�ioted to each use, if there will be multiple uses): ,
First use: s� p.,.'j. �-�- -. . sq. ft. � h1'iLY�• ib t�, . f
Second use: , F�'�j_� sq. ft. OlJ'�' t�e�l''2 j'aK L1G �FiU�✓'j-' .G` "'7 �!v� r`✓ � V�,
Third use:
sq. ft.
FLOOR AREA RATIO (total square footage of all buiidings divided bythe total square footage of entire site):
Existing: �� �f
�0 a
Proposed: � tQ , (p d�b � .
Maximum Allowable: �G� %
BUILDING COVERAGE/FOOTPRINT (1St floor square footage of all buildings):
Existing: �( sq. ft. ( �'�;�n �� % of site)
Proposed: ��, :�'� sq. ft. ( �� i�. % of site) -�'``/ ��"i—I 1��GFC, ���'rjGJ ��+�1R�'J
Maximum Permitted: __ !�p� sq. ft. ( �j'�J % of site)
GREEN SPACE WITHIN VEHICULAR USE AREA (green space within the parking lot and interior of site; not perimeter buffer):
Existing: �� p�' j sq. ft. ( �� % of site) ,
Proposed: "'�j �� j sq. ft. ( �, � % of site)
VEHICULAR USE AREA (parking spaces, drive aisles, loading area):
Existing: �_�_ sq. ft. ( % of site)
Proposed: � ��'j sq. ft. ( 1�% of site)
Planning & Development Department, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tei: 727-562-4567; Fax: 727-562-4865
Page 2 of 8 Revised 01/12
IMPERVIOUS SURFACE RATIO (total square footage of impervious areas divided by the total square footage of entire site):
Existing: �,�� �' �/ � �% °la�
Proposed: ��j Li-� � � �o �'Z�J
Maximum Permitted: �j� `��} � �( O �"e�
DENSITY (units, rooms or beds per acre):
Existing: � ��
Proposed:
Maximum Permitted:
OFF-STREET PARKING:
Existing: � 22
�
Proposed: � Z 2-
Minimum Required:
BUILDING HEIGHT: ,L � . � 11
Existing: Z "f
Proposed: "-'---�^�^"�
Maximum Permitted: �jQ �
WHAT IS THE ESTIMATED TOTAL VALUE OF THE PROJECT UPON COMPLETION? �� G,�Fj�d�
ZONING DISTRICTS FOR ALL ADJACENT PROPERTY:
North: ���'�j''� ' �i�� , ,�
South: �GG,?*1' 1.1.FJ12 _ F
East: �/' �
west: j`� �—I "P .
STATE OF FLORIDA, COUNTY OF PINELLAS
I, the undersigned, acknowledge that all Sworn to and subscribed before me this �✓C77 day of
representations made in this applicafion are true and �j.��p�, '�Vr � , to me and/or by
accurate to the best of my knowledge and authorize -{-
City representatives to visit and photograph the ��"J ��'�/'E�� Q , who is personally known has
pro�,� described in this application. produced as identification.
Signature"af'property
No�ary public�..J
My commission expires:
°��.. ' LYNN A MATiHEVYS
� �,... � c
* * MY COMMISSION i EE 129831
EXPIRES; Octo6er 13, 20t5
�'�� n�`�O! Bonded Thn+ Bu�t NdNY S�tce�
Planning & Development Department, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727-562-4567; Fax: 727-562-4865
Page 3 of 8 Revised 01l12
o Planning & Development Department
��l�arwater Flexible Develo ment A lication
P PP
� Site Plan Submittal Package Check list
IN ADDITION TO THE COMPLETED FLEXIBLE DEVELOPMENT (FLD) APPLICATION, ALL FLD APPLICATIONS SHALL INCLUDE A SITE
PLAN SUBMITTAL PACKAGE THAT INCLUDES THE FOLLOWING INFORMATION AND/OR PLANS:
� Responses to the flexibility criteria for the specific use(s) being requested as set forth in the Zoning District(s) in which the
subject property is located. The attached Flexible Development Application Flexibility Criteria sheet shall be used to provide
these responses.
�' Responses to the General Applicability criteria set forth in Section 3-914.A. The attached Flexible Development Applicafion
General Applicability Criteria sheet shall be used to provide these responses.
�' A signed and sealed survey of the property prepared 6y a registered land surveyor including the location of the property,
dimensions, acreage, locafion of all current structures/improvements, location of all public and private easements inciuding
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
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
marine structure, then the application must provide detailed plans and specifications prepared by a Florida professionai
engineer, bearing the seal and signature of the engineer, except signecl 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 ane inch equals
SO feet on a sheet size not to exceed 24 inches by 36 inches that includes the following information:
❑ Index sheet of the same size shall be included with individual sheet numbers referenced thereon.
❑ North arrow, scale, location map and date prepared.
❑ Identification of the boundaries of phases, if development is proposed to be constructed in phases.
' 0 Location of the Coastal Construction Control Line (CCCL), whether the property is located within a Special Flood Hazard
Area, and the Base Flood Elevation (BFE) of the property, as applicable.
❑ Location, footprint and size of all existing and proposed buildings and structures on the site.
❑ Location and dimensions of vehicular and pedestrian circulation systems, both on-site and off-site, with proposed points
of access.
❑ Location of all exisfing and proposed sidewalks, curbs, water lines, sanitary sewer lines, storm drains, fire hydrants and
seawalls and any proposed utility easements.
❑ Location of onsite and offsite stormwater management facilities as well as a narrative describing the proposed
stormwater control plan including calculations. Additional data necessary to demonstrate compliance with the City of
Clearwater Storm Drainage Design Criteria manual may be required attime 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 & Development Department, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727-562-4567; Fax: 727-562-4865
Page 4 of 8 Revised 01/12
❑ Typical floor plans, including floor plans for each floor of any parking garage.
❑ Demolition plan.
❑ Identification and description of watercourses, wetlands, tree masses, specimen trees, and other environmentally
sensitive areas.
❑ If a deviation from the parking standards is requested that is greater than 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 informafion.
❑ A tree sunrey showing the locafion, DBH and species of all existing trees with a DBH of four inches or more, and idenfifying
those trees proposed to be removed, if any.
❑ A tree inventory, prepared by a certified arborist; of all trees four inches DBH or more that reflects the size, canopy, and
condition of such trees may be required if deemed applicable by staff. Check with staff.
❑ A Traffic Impact Study 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 and/or intersection with five reportable accidents within a prior twelve
month period, or the segment and/or intersection exists on the City's annual list of most hazardous {ocafions, provided
by the City of Clearwater Police Department; or
■ The Traffic Operations Manager or their designee deems it necessary to require such assessment it� the p9ar7 r�vievv
process. Examples include developments that are expected to negatively impact a constrained roadway or d�velopments
with unknown trip generation and/or other unknown factors.
0 A lands�ape plan shall be providect for any project where there is a new use or a change of use; or. an existing use is improyed-
or remodeled in a value of 25% or more of the valuation of the principal structure as reflected on the pro�aerty appr-aiser's
� current records, or if an amendment is required to an existing approved site plan; or a parking IQf requirec aciditior�al
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 and interior tandscape coverage, expressed both in square
feet, exclusive of perimeter landscaped strips, and as a percentage of the paved area coverage of the parking lot and
vehicular use areas.
❑ Location of existing and proposed structures and improvements, including but not limited to sidewalks, walls, fences,
pools, patios, dumpster pads, pad mounted transformers, fire hydrants, overhead obstructions, curbs, water lines,
sanitary sewer lines, storm drains, seawalls, utility easements, treatment of all ground surfaces, and any other features
that may influence the proposed landscape.
❑ Location of parking areas and other vehicular use areas, including parking spaces, circulation aisles, interior landscape
islands and curbing.
❑ Drainage and retention areas, including swales, side slopes and bottom elevations.
❑ Delineation and dimensions of all required perimeter landscaped buffers including sight triangles, if any.
Planning & Development Department, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727-562-4567; Fax: 727-562-4865
Page 5 of 8 Revised 01/12
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Planning & Development Department
Flexible Development Application
General Applicability Criteria
PROVIDE COMPLETE RESPONSES TO EACH OF THE SIX (6) GENERAL APPLICABILITY CRITERIA EXPLAINING HOW, IN DETAIL, THE
CRITERION IS BEING COMPLIED WITH PER THIS DEVELOPMENT PROPOSAL.
1. The proposed development of the land will be in harmony with the scale, bulk, coverage, density and character of adjacent
properties in which it is located. ,
t� c�i�ca� �-N�� .s�c,� t r�r�(�� w i�t �a�" l� �ta��(r-�a�ra�'���
u, ��� -I��PJ �Y�t� u � � !� � nt� a�.i `V1 I�, �.�n �i� r�ic�
�(�'�"k�T� �.,1'���c�' � V 1'1 W�,� 1�'1GY'�°�(.� t�`�'1� C�CJf1 V G�l�i C:� ��11�'� E�i?�
�
2. The proposed development will not hinder or discourage the appropriate development and use of adjacent land and buildings
or significantly impair the value thereof.
�"n� C���G1 c'�2�r�k fiJ �� C'U�', �t ��� (�Z hZ�✓y''►-P� �C��
C� I�/lc� �'��Tl..�_`-�•� � s,� �c'�C� l�(9'v� w� � l 1� �1 I��1�%11�� '�Y� �1 ��--
��� .
3. The proposed developrr�ens wili not a.dversely affect the health or safety or persons residing or working in the neighb�sr6�nc�d
of the proposed use.
, ,
_"�►� . c�cr�4dZ �"'�',l<ca%�n.-�1�� b� �t ��i`U� ��Vl�'�.�' !vi �"1�'... _ .
��.r�t� i��v�+ ' 1�7z�uv�� 1��.,� ��,�t� c,�a vv��av�P�� l�c����
� t�� ��i.Ul�iM� �1� �i�/1 G✓��•P�� C� �"VlM��2 � _
4. The proposed development is designed to minimize traffic congestion.
C�'+.
S. The proposed development is consistent with the community character of the immediate vicinity of the parcel proposed for
development. „
The design of the proposed development minimizes adverse effects, including visual, acoustic and olfactory and hours of
operation impacts, on adjacent properties. ,
1� �(1 G� �� 111 C�Lt1 �
Planning & Development Department, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727-562-4567; Fax: 727-562-4865
Page 6 of 8 Revised 01/12
%
o (� Planning & Development Department
� t� ea�Wa��r Flexible Develo ment Ap lication
p p
" ' Flexibility Criteria
PROVIDE COMPLETE RESPONSES TO THE APPLICABLE FLEXIBILITY CRITERIA FOR THE SPECIFIC USE(S) BEING REQUESTED AS SET
FORTH IN THE ZONING DISTRICT(S) IN 1MHICH THE SUBJECT PROPERTY IS LOCATED. EXPLAIN HOW, IN DETAIL, EACH CRITERION
IS BEING COMPLIED WITH PER THIS DEVELOPMENT PROPOSAL (USE SEPARATE SHEETS AS NECESSARY).
�
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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
�:
° � ater
� '� ���
Planning & Development Department
Flexible Development Application
° Affidavit to Authorize Agent/Representative
1. Provide names of all property owners on deed — PRINT full names:
CL6Pt2.la►�i �� �CSi�t��-�N i �R-o�Cd�'�E$ 1►.)G-
2. That (I am/we are) the owner(s) and record title holder(s) of the following described property:
2q 30 ��+�F T� (3��( f��u p.
3. That this property constitutes the property for which a request for (describe request):
4. That the undersigned (has/have) appointed and (does/do) appoint:
as (his/their) agent(s) to execute any petitions or other c%cuments necessary to afPect such petition;
5. That this affidavit has been executed to induce the City of Cle�rwater, Floria�a to consider- and act on the above described
property;
6. That site visits, to the property are necessary by City representatives in order� to �rocess tf�is ap�lication and the owner
authorizes City representatives to visit and photograph the property described in this applic�tion;
7. That (I/we), the nder 'g ed authority, hereby certify that the foregoing is true and correct.
.
Property Owner Property Owner
Property Owner Property Owner
STATE OF FLORIDA, COUNTY OF PINELLAS
BEFORE ME THE UNDERSIGNED, AN OFFICER DULY COMMISSIONED BY THE LAWS OF THE STA7E OF FLORIDA, ON
THIS � DAY OF �(i`17�I�C,V ,��� , PERSONALLY APPEARED
_��QSi D I�v�IVI.O WHO HAVING BEEN FIRST DULY SWORN
DEPOSEb AND SAYS THAT HE/SHE FULLY UNDERSTANDS THE CONTENTS OF THE AFFIDAVIT THAT HE/SHE SIGNED.
,
,..�;Rr ��; Nicole A. Smith
=:°: '�? Commission # FF 167471
_�•,�.: �: Expires: OCT 09, 2018
�.,'�� �,�' BONDED THRU Nota Public Si nature
,,,, iSC lLOR[DA NOTARY, LLC ry g
Notary SeaUStamp My Commission Expires: �� � 1� ��
Planning & Development Department,100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727-562-4567; Fax: 72T-562-4865
Page 8 of 8 Revised 01/12
° �learwater
U
Planning & Development Department
Comprehensive Landscaping Application
IT IS INCUMBENT UPON THE APPLICANT TO SUBMIT COMPLETE AND CORRECT INFORMATION. ANY MISLEADING, DECEPTIVE,
INCOMPLETE OR INCORRECT INFORMATION MAY INVALIDATE YOUR APPLICATION.
ALL APPLICATIONS ARE TO BE FILLED OUT COMPLETELY AND CORRECTLY, AND SUBMITTED IN PERSON (NO FAX OR DELIVERIES)
TO THE PLANNING & DEVELOPMENT DEPARTMENT BY NOON ON THE SCHEDULED DEADLINE DATE.
A TOTAL OF 11 COMPLETE SETS OF PLANS AND APPLICATION MATERIALS (1 ORIGINAL AND 10 COPIES) AS REQUIRED WITHIN
ARE TO BE SUBMITTED FOR REVIEW BY THE DEVELOPMENT REVIEW COMMITTEE. SUBSEQUENT SUBMITTAL FOR THE
COMMUNITY DEVELOPMENT BOARD, IF NECESSARY, WILL REQUIRE 15 COMPLETE SETS OF PLANS AND APPLICATION
MATERIALS (1 ORIGINAL AND 14 COPIES). PLANS AND APPLICATIONS ARE REQUIRED TO BE COLLATED, STAPLED AND FOLDED
INTO SETS.
THE APPLICANT, BY FILING THIS APPLICATION, AGREES TO COMPLY WITH ALL APPUCABLE REQUIREMENTS OF THE
COMMUNITY DEVELOPMENT CODE.
PROPERTY OWNER (PER DEED):
MAILING ADDRESS:
PHONE NUMBER:
EMAIL: .�l9G � �a� 1�d �/. � ��i� r � � ,
AGENT OR REPRESENTATIVE:
MAILING ADDRESS:
PHONE NUMBER:
EMAIL: �}'.2r('�'�Z,,� � ���,,,, �'%I"r°'�:
ADDRESS OF SUBJECT PROPERTY: Z,� � p v�-���""j "f "�j �� �' ��
DESCRIPTION OF REQUEST:
Specifically identify the request
finclude all requested code flexibility,•
e.g., reduction in required number of
' parking spaces, height, setbacks, lot
size, !ot width, specific use, eTc.):
STATE OF FLORIDA, COUNTY OF PINELLAS
I, the undersigned, acknowledge that all Sworn to and subscribed before me this � b day of
representations made in this application are true and �,�Z�i�,,, ._ �G' ,�. L
accurate to the best of my knowledge and authorize _�_� to me and/or by
City representatives to visit and photograph the �Q.� who is personally known has
p ope scribed in this application. - �—
produced _ as identification.
Signature of propert wner re re tative Notary pu Ji , �o.�,aw�PU�,c �y�AM,qT�HE1NS
, My commission expires �� * MYCOMMiSSION�EE12983F
`"$�of+��— cAndln'ChN81AlQ1lFMllty 0�
Planning ffi Development Department, 160 S. Myrtie Avenue, Ciearwater, FL 33756, Tel: 727-562-4567; Fax: 727-562-4865
Page 1 of 2 Revised 01/12
�
LL
° l arwater
� � �
�
Planning & Development Department
Comprehensive Landscaping Application
� Flexibility Criteria
PROVIDE COMPLETE RESPONSES TO EACH OF THE FIVE (5) FLEXIBILITY CRITERIA EXPLAINING HOW, IN DETAIL, THE CRITERION
IS BEING COMPLIED WITH PER THIS COMPREHENSNE LANDSCARING RROPOSAL.
1. Architectural Theme:
a. The landscaping in a Comprehensive Landscaping prpgram shall be designed as a part of the architectural theme of the
principal buildings proposed or developed on the parcel proposed for the development.
�..{(� I�N (D�Gl�P21V t,� A1..t�P.t� �i"1�-✓ �-�/J�j �t-�� t� '��J�'j'�
t�✓10��i ��� �r�� �i�ir'�w '�:ii— YCI\�. . ,�tiS1L43lYL" � T�I�+G.V�►V ��'%�! .Y
`V''� V'!''t� � 1'=c�J�1 ��� �.�'�'"!'�� tJ47 "(�''= F�D��� �%��� j-���,�� ,
OR
b. The design, character, location and/or materials of the landscape treatment proposed in the Comprehensive Landscaping
program shall be demonstrably more' attractive than landscaping otherwise permitted on the parcel proposed for
development under the minimum landscape standards.
�� �� ..�i��i�J�i� ,'!' ��l � �� �7(�%?�1 �2�i�''�i�'C���
�.� L-�b� ��2v�lt�t�C�J�' � ►�.s j�j,�2�.��tv' �I�-,�►G�
.'P�DJR�aG'�1�" �T�—�1 �t..� s �r�t���r? ��
2. Lighting. Any lighting proposed as a part of a Comprehensive Landscaping program is automatically controlied so that the
lighting is turned off when the business is closed.
"�'.�'— ��.41-��"! 9� l� � 1 �_�,, 1�� 1�� �(�v -� � 1-�'�-p � i�l �� �
��fi-e.�����1�r�� I ti-T 1� �''+�V ��'�"1�-1i�' `�'�"�
"j��� C,�N�Y��
3. Community Character. The landscape treatment proposed in the Comprehensive Landscape Program will enhance the
community character of the City of Clearwater.
'-if# 1� 'I,^../,►v r�Gr�� ``t'���'�`�'1,�1�" ..� �%10 G Q�P�� � �,oaJ'
�1�,.� �.�_� �'�'.,.� �►�1`�n C��'I�S,
' 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 parcei proposed for development.
- -�' '(�`�-c��`��21...r�1`.-��� ;��f�--� �.�—��� �-��?�t�"�-�ia��'
� �- �� M �r� �1 � ,: _�� '��. 1�rvt /��:�G' �.�—v u t�i��'
,
'�„�+� � �l.�.� � 1� fi� �,� --�P�-."�.-�`2t~' �1z ���-G�� �P�f'I �
5. Specia! Area or Scenic Corridor Pfan. 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.
��
Planning &.Development Department, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727-562-4567; Fax: 727-562-4865
Page 2 of 2 Revised 01/12
Detail by Entity Name
Detail by Entity Name
Florida Profit Corporation
CLEARWATER RESTAURANT PROPERTIES, INC.
Filinq Information
Document Number P10000024520
FEI/EIN Number 800569003
Date Filed 03/18/2010
State FL
Status ACTIVE
Principai Address
2504 W AZEELE
TAMPA, FL 33609
Changed: 03/21/2012
Mailinq Address
2504 W AZEELE
TAMPA, FL 33609
Changed: 03/21/2012
Reqistered Aqent Name & Address
MACISAAC, STEPHEN JESQ
2525 PARK CITY WAY
TAMPA, FL 33609
Name Changed: 03/21/2012
Address Changed: 03/21/2012
Officer/Director Detail
Name 8� Address
Title D
ORSINO, JOSEPH
2504 W AZEELE
TAMPA, FL 33609
Annual Reports
Report Year Filed Date
Page 1 of 2
httn: //search. sunbiz. or�/Inquiry/ComorationSearch/SearchResultDetaiUEntityName/dom... 10/ 16/2014
Property Appraiser General Information
Page 1 of 5
Interactive M:ap of this parcel Sales Query Back to Queiy Results New Search TaY Collector F-.{ome Pa�e Contact Us WM
17-29-16-00000-140-0400
Compact Property Record Card
Portability Data CUrr'eilt aS Of Radius Impravement Value
Calculator Oetober 16, 2014 �'mai.l Print �earch ner F.S. 553.844
Ownership/Mailing Address Site Address
CLEARWATER RESTAUR.ANT
PROPERTIES INC 2930 GULF TO BAY BLVD
1502 S HOWARD AVE CLEARWATER
TAMPA FL 33606-3128
Prot�ert�se: 2125 (Restaurant, Cafeteria (Steak & Ale, Pizza Hut)) Living Units:
0
[click here to hide] Legal Description
PT OF SE 1/4 OF NE 1/4 OF SEC 17-29-16 DESC FROM SE COR OF NE 1/4 TH S89D 46'01 "W
930.1OFT TH NOOD 37'02"E SO.OIFT FOR POB TH S89D46'O1 "W 136FT TH NOOD 37'Q2"E
180FT TH N89D46' Ol "E 136FT TH NOOD37'02"E 311FT(S) TH S89D57'25"E 82�T' T'� '
SOOD37'02"W 211.51 FT TH N89D46'O1 "E 8FT TH SOOD37'02"W 280.04FT TH S89I�46'O1 "W
90.OlFT TO POB LESS S lOFT FOR RD R/W CONT 1.48 AC(C) '
2015 Exemptions
Homestead: No
� File f`or Homestead
Government: No
2015 Parcel ITse
Homestead Use Percenta�e: 0.00%
Institutional: No �— Historic: No III Non-Homestead Use Classified
Percentage: 100.00% Agricultural: No
Parcel Information 2014 Notice of Proposea 1'roner .ty Taxes (TRIM Natice}
2014 Interirn Value Information
Ye� Just/M. arket Assessed Value/ County Schoal Municipal
Value SOII Cap Taxable Vahie Taxable Va1ue Taxable Value
2014 $1,058,000 $1,058,000 $1,058,000 $1,058,000 $1,058,000
[click here to hide] Value History as Certified (yellow indicates correction on file)
Year �Iomestead Just/Market
Exemption Value
� 2014 No $1,058,000
Assessed
Va1ue/
SOH Cap
$1,058,000
Coun School Munici�al
Taxable Value Taxable Value Taxable Vaiue
$1,058,000 $1,058,000 $1,058,000
http://www.pcpao.org/general.php?pn=162917000001400400 10/16/2014
��
IMIv � ��C�C�I� �G��lf�b C�Oo ���C��J���IC����
303 Arlington Avenue, West
Oldsmar, FL. 34677
Stan DeFreitas
Arborist
November 7, 2014
Robert Gregg
Design iT Architecture
630 Chestnut Street
Clearwater, FL 33756
Dear Bob,
813-925-3030
Fax:813-925-3031
As per our meeting this morning, 11/7/14, my inspection of the oaks at 2930 Gulf-to-Bay Blvd.
Clearwater, FL produced these findings.
First, I did a site survey and drew on the partial site plan the location of the oaks in reference
to the proposed deck and existing property. There should be no reason why this deck would
cause any adverse problems to these Live oaks on the property. These trees are known to be
hardy and long-lived.
If I can be of any further assistance, please contact me.
.
Stan DeFreitas �
Certified Arborist
#SO1000A valid through 6/30/2016
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FECOROS OF RNELLAS COUNtt. FLOR�W.
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UNE 0� TIE SVD SEG1qN; TMENCE KONG 1NE SMD IJNE, N 00']]'OI.6' E, �0.01' R1
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REVISIONS DATE INV NO
REV6E DESCPIPIIONS/ IDD. O.R.'e }R2-10 Y010-158
A�D O.R. SI11, PACE 12]1 4-0i-10 2010-IJ6
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