FLD2014-110320
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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
January 20, 2015
D.3.
FLD2014-11032
Flexible Development application to permit a restaurant with a height of 15
feet to roof structure (23 feet to highest architectural feature), a front (south)
setback of 89 feet (to building) and 15 feet (to paving), a front (west) setback
of 51 feet (to building) and 10 feet (to paving), a front (east) setback of 51 feet
(to building and 10 feet (to paving) a side (north) setback of 88 feet (to
building) and 10 feet (to paving), and 50 parking spaces (11.79 spaces per
1,000 square feet of Gross Floor Area) in the Commercial (C) District as a
Comprehensive Infill Redevelopment Project under the provisions of
Community Development Code (CDC) Section 2-704.C; to reduce the number
of required perimeter trees from 23 trees to 20 trees, increase the number of
parking spaces in a row from 10 spaces to 13 spaces and eliminate the required
foundation plantings along the front (west) fa�ade of the proposed building as
part of a Comprehensive Landscape Program under the provisions of CDC
Section 3-1202.G; and approval of a two-year Development Order.
Katherine E. Cole and E.D. Armstrong, III; Hill Ward Henderson
Trinity Presbyterian Church, a Florida non-profit corporation
2008 Gulf to Bay Boulevard; northeast corner of Gulf to Bay Boulevard and
South Hercules Avenue.
1.16 acres
Commercial General (CG)
Commercial (C) District
None
Institutional (I) District
Commercial (C) District
Commercial (C) District
Commercial (C) District
Retail Plaza (vacant)
Restaurant (fast food)
'_ �,riV[il n'aLel Level II Flexible DevelopmentApplication Review
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ANALYSIS:
Site Location and Existing Conditions:
The 1.16 acre site is located at the northeast
corner of Gulf to Bay Boulevard and South
Hercules Avenue. The subject site is also the
subject of a minor lot line adjustment
application (MIS2014-11001) dependent upon
the approval of this Flexible Development
application. Minor lot line adjustments are
processed administratively without a formal
public review. The minor lot line adjustment
will create two properties; a north property
(2001 Rainbow Drive) which currently contains
a place of worship and a south property which
is the subject of this Flexible Development
application. No requests for flexibility from
the CDC are requested for the north property.
The proposed subject property will be
comprised of three parcels or portions thereof
with approximately 220 feet of frontage along
Gulf to Bay Boulevard, and 230 feet of
frontage along both North Hercules and Cirus
Avenues. A retail plaza approximately 22,500
square feet in area exists at the southeast corner
of the site and is currently vacant. The site is
accessed from Gulf to Bay Boulevard via a
series of four curb cuts, a drop curb along the
entire length of the site along Cirus Avenue and
a driveway along South Hercules Avenue.
Please note that existing uses and building
square footages, based on site visits and City
and Pinellas County Property Appraiser
records, are made to the best of Staff ability.
The property is within the Commercial (C)
District the intent and purpose of which is to
provide the citizens of the City of Clearwater
with convenient access to goods and services
throughout the city without adversely
impacting the integrity of residential
neighborhoods, diminishing the scenic quality
of the city or negatively impacting the safe and
efficient movement of people and things within
the City of Clearwater.
The immediate vicinity is characterized by a
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variety of non-residential uses including Clearwater High School across Gulf to Bay Boulevard
to the south, a gas station to the east and a vacant parcel to the west. A variety of other fast food
restaurants, offices, automotive service stations and other retail sales and service establishments
are located farther to the east and west along Gulf to Bay Boulevard. The neighborhood to the
north is within the High Density Residential (HDR) district a.nd consists primarily of attached
dwellings (mostly duplex and triplex units). Farther to the north, across Rainbow Drive, the
zoning changes to Low Medium Density Residential (LMDR) district where the neighborhood
consists primarily of detached dwellings.
Code Enforcement Analysis:
There are no active Code Compliance cases for the subject property.
Development Proposal:
The proposal is to complete the submitted minor lot line adjustment as referenced above upon
approval of this Flexible Development application and remove the retail building at the southeast
corner of the site. A 4,240 square foot, single-story restaurant is proposed to be constructed
generally in the center of the site. A drive-through component is proposed along the east and
north sides of the building and 50 parking spaces will be provided along the north, west and
south sides of the site. Access to the site will be provided via a two-way driveway along Cirus
Avenue at the northeast corner of the site and a two-way driveway near the northwest corner of
the Site along Hercules Avenue. A one-way, right-out only driveway at the southeast corner of
the site is located along Cirus Avenue. No direct access is proposed along Gulf to Bay
Boulevard. Walkways will connect the sidewalks along Gulf to Bay Boulevard and Cirus
Avenue to the site. A bike rack is proposed at the southeast corner of the building. An outdoor
eating area is proposed at the southwest side of the building. One freestanding monument sign is
proposed at the southwest corner of the site in addition to a preview menu board and an order
menu board along the east side of the building in conjunction with the drive-through lane. The
latter two signs should not be readily visible from off-site and do not count against the permitted
number of signs for the site. In addition, drawings of the signs which would otherwise provide
such details as dimensions, area, materials color(s) and height are not included with the submittal
nor are they required to be at this point. While attached signs are shown on all elevations none
of the attached signs shown on the elevations are dimensioned allowing their areas to be
determined. In short, a formal sign package has not been submitted with this application and
signage whether indicated or not should not be considered as part of the request nor would any
approval of this proposal in any way imply approval of any given sign.
While landscaping is proposed along all property lines of the site the number of required
perimeter trees is three less than otherwise required. In addition, the proposal does not include
foundation landscaping along the west side of the building. The applicant has mitigated these
deficiencies through the provision of landscaping along all street frontages in excess of the intent
of the CDC. The CDC simply requires a hedge and one shade tree (or its equivalent of two
accent trees or three palms equaling one shade tree) per 35 feet of perimeter length less driveway
widths. The applicant has provided a lush landscape with a tiered effect along all three streets
consisting of groundcovers, low- and mid-sized shrubs as well as an overall creative and
attractive landscape design.
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Special Area Plan:
None
Comprehensive Plan:
The proposal is in support of the following Goals, Objectives andlor Policies of the City's
Comprehensive Plan as follows:
Future Land Use Plan Element:
Policy A.2.2.3 Commercial land uses shall be located at the intersection of arterial or collector
streets and should be sited in such a way as to minimize the intrusion of off-site impacts into
residential neighborhoods. New plats and site plans shall discourage the creation of "strip
commercial" zones by insuring that adequate Zot depths are maintained and by zoning for
commercial development at major intersections.
The proposal includes a commercial use located at the intersection of an arterial street and should
have no impact the residential neighborhood to the north because a church is located between
this residential neighborhood and the proposed restaurant. The proposal is largely consistent
with this Policy.
Objective A.3.2 — All development or redevelopment initiatives within the City of Clearwater
shall meet the minimum landscaping / tree protection standards of the Community Development
Code in order to promote the preservation of existing tree canopies, the expansion of that
canopy, and the overall qualiry of development within the City; and
Policy A.3.2.1 All new development or redevelopment of property within the City of Clearwater
shall meet all landscape requirements of the Community Development Code.
Gulf to Bay Boulevard is designated as a Primary Scenic Corridor within Section 3-1203 of the
CDC and within the Future Land Use Element (FLUE) of the City's Comprehensive Plan.
Primary scenic corridors are those roadways expected to have enhanced landscape standards
applied to properties along them. Furthermore, Gulf to Bay Boulevard is specifically listed as a
"Corridor to Redevelop" within the Linkages section of the FLUE of the Comprehensive Plan.
While the proposal does not provide the required foundation landscaping along the west fa�ade
of the building facing South Hercules Avenue, the requisite buffer width along all sides of the
site is demonstrably better than that as required by the minimum standards of Article 3 Division
12 of the CDC. The minimum buffer landscaping consists of a hedge and one shade tree every
35 feet. As mentioned previously, the proposed landscape plan provides for a tiered effect along
all street frontages consisting of a mix of groundcovers, low- to medium-sized shrubs as well as
shade, palm and ornamental trees. Therefore, the submittal supports this Objective and Policy.
Policy A. S. S.1 Development should be designed to maintain and support the existing or
envisioned character of the neighborhood.
The proposal provides for a use permitted as a minimum development standard within the C
District and a site design generally consistent with other development in the area along Gulf to
Bay Boulevard. Specifically, the proposal with regard to landscaping is consistent with other
properties which have been subject of Level I and Level II site plan approvals. In addition the
site design is consistent with the intent of the development parameters set by the Community
Development Code with regard to setbacks and landscaping. These development parameters
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were specifically created because many areas of the City were inconsistent with the appearance
and character desired by the citizens of Clearwater as evidenced by the creation and subsequent
adoption of the City's current Community Development Code. Therefore, the proposal supports
this Policy.
Goal A. 6- The City of Clearwater shall utilize innovative and flexible Planning and engineering
practices, and urban design standards in Order to protect historic resources, ensure
neighborhood Preservation, redevelop blighted areas, and encourage infill Development; and
Objective A.6.4 — Due to the built-out character of the ciry of Clearwater, compact urban
development within the urban service area shall be promoted through application of the
Cleanvater Community Development Code; and
Community Development Code:
The proposal supports the general purpose, intent and basic planning objectives of this Code as
follows:
Section 1-103.B.1. Allowing property owners to enhance the value of their property through
innovative and creative redevelopment.
The size, location and shape of the parcel are similar to other parcels in the area. The proposed
restaurant is consistent with the character of the area along Gulf to Bay Boulevard with regard to
use and the proposal will result in a project consistent with elements of the Comprehensive Plan,
as provided above. The proposed development is similar to the treatment other sites have
received in the area vis-a-vis landscaping and other site improvements as mitigation to justify
flexibility from certain the CDC requirements such as buffer width, setbacks and the permitted
number of parking spaces in a row. Therefore, the proposal supports this Code section.
Section 1-103.B.2. Ensuring that development and redevelopment will not have a negative
impact on the value of surrounding properties and wherever practicable promoting development
and redevelopment which will enhance the value of surrounding propet�ties.
Surrounding properties to the north include detached and attached dwellings and a place of
worship. Uses to the east and west include fast-food restaurants, offices and retail sales and
service. Clearwater High School is located farther to the south and west across Gulf to Bay
Boulevard. The proposed development provides not only for a much greater amount of
landscaping than exists but a landscape plan which provides for an appearance which will be
demonstrably better than the minimum otherwise required by the CDC. It is likely that
surrounding properties will have their values enhanced. It should be noted that several other
properties in the area along Gulf to Bay Boulevard have incorporated upgrades to their sites such
as new facades and landscaping, including sites located at 2094, 1996, 1928, 1916, 1960 and
1765 Gulf to Bay Boulevard. The proposal is consistent with the level of design (both site and
building) as applied to the aforementioned 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 Code section.
Section 1-103. B. 3. Strengthening the ciry's economy and increasing its tcrc base as a whole.
The proposal includes the redevelopment of a vacated and partially vacant site with a new
restaurant. The proposal will be consistent with the character of the area with regard to size,
scope and scale as compared with other properties in the neighborhood. The proposal is
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expected to have a net increase in the t� base as a whole through the demolition of an unused,
dated and obsolete building and the construction of a new more attractive building and the
provision of landscaping in excess of the intent of the minimum standards of the CDC. It is
largely beyond dispute that the City of Clearwater is largely built-out where the primary option
for improvement is the redevelopment and/or refurbishing of existing sites and buildings.
Improving a property typically results in an increase in its value thereby positively contributing
to the City's tax base and overall economy. The net result of the proposal will be another
attractive redevelopment in the community which can only further interest in the improvement of
surrounding properties. Therefore, the proposal supports this Code section.
Section 1-103. D. It is the further purpose of this Development Code to make the beautifacation of
the city a matter of the highest priority and to require that existing and future uses and structures
in the city are attractive and well-maintained to the ma�cimum extent permitted by law.
The proposal includes a new restaurant with landscape buffers that meet the minimum required
widths and also exceed the intent of the Code with regard to the amount of plant material. The
applicant has demonstrated that the proposed building and site plan are more attractive than what
is currently on the site and that the site and landscape plans are better that what would otherwise
be required by the CDC. The proposal with regard to site, landscape and building design is
consistent with other beautification efforts undertaken, encouraged and installed by the City and
private property owners in the City as a whole and along Gulf to Bay Boulevard specifically. As
discussed above, Gulf to Bay Boulevard is a designated Primary Scenic Corridor. While a
specific Corridor Plan has not been adopted the intent is clear in that properties along designated
Scenic Corridors such as Gulf to Bay Boulevard are expected to provide landscaping at least
consistent with the minimum standards set forth by the CDC if not more. The proposal includes
a landscape design which is more attractive that that as required by the minimum standards of the
CDC with regard to the numbers and arrangements of plant material. As mentioned previously,
the proposed landscape plan provides for a tiered effect along the south and west sides of the site
consisting of a mix of groundcovers, low- to medium-sized shrubs as well as shade, palm and
ornamental trees. Therefore, the proposal supports this Code section.
Section 2-701.1 Intent of the C District and CG FL UP classification.
The CDC provides that it is the intent of the C District 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. Furthermore, it is the intent of the C 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 C District shall be determined 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 Countywide Land Use Rules
concerning the Administration of the Countywide Future Land Use Plan, as amended from time
to time. For those parcels within the C District that have an area within the boundaries of and
governed by a special area plan approved by the City Council and the Countywide Planning
Authority, maximum development potential shall be as set forth for each classification of use and
location in the approved plan.
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Section 2.3.3.5.4 of the Rules provides that the purpose of the CG FLUP classification 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 center providing for
the full spectrum of commercial uses. Permitted Primary Uses include retail commercial.
Article 7 of the Rules provides that retail commercial uses include restaurants.
The site has been developed as a Retail Plaza. The proposal is to redevelop the site with a
restaurant which is a use permitted by the CG FLUP classification.
Development Parameters:
Floor Area Ratio (FAR):
Pursuant to the Countywide Plan Rules and CDC Section 2-701.1, the maximum FAR for
properties with a Future Land Use Plan (FLUP) designation of Commercial General (CG) is
0.55. The proposed FAR is 0.08, which is consistent with Code provisions.
Im,�ervious Surface Ratio (ISR�
Pursuant to CDC Section 2-701.1, the maximum allowable ISR is 0.90. The overall proposed
ISR is 0.72, which is consistent with Code provisions.
Minimum Lot Area and Width:
Pursuant to CDC Table 2-704, there is no minimum required lot area or lot width for a
Comprehensive Infill Redevelopment Project. However, for a point of comparison, pursuant to
CDC Table 2-702, Minimum Standard Development Standards, the required lot area and lot
width are to be a minimum of 10,000 square feet and 100 feet, respectively. The lot area is
50,622 square feet and the lot width is 220 feet exceeding and/or meeting the otherwise
minimum area and width required by Code.
Minimum Setbacks:
Pursuant to CDC Table 2-704, there are no minimum required setbacks for a Comprehensive
Infill Redevelopment Project. However, for a point of comparison, pursuant to CDC Table 2-
702, front and side setbacks to primary structures are 25 and 10 feet, respectively. Pursuant to
CDC Section 3-903.F parking lots shall be set back from front property lines a distance of 15
feet, and shall be set back from all other property lines a distance that is consistent with the
required perimeter landscape buffer width. The required landscape buffer for the side (north) side
of the site is five feet. Rear setbacks do not apply to the subject site as it is a corner lot with
three front setbacks and one side setback under the provisions of CDC Section 3-903.D. The
proposal includes a front (south) setback of 89 feet (to building) and 15 feet (to paving), a front
(west) setback of 51 feet (to building) and 10 feet (to paving), a front (east) setback of 51 feet (to
building and 10 feet (to paving) a side (north) setback of 88 feet (to building) and 10 feet (to
paving). The proposal does not meet the minimum standards for setbacks to paving on the front
(east and west).
Maximum Buildin� h�t�.
Pursuant to CDC Table 2-703, there is no maximum height for a Comprehensive Infill
Redevelopment Project. However, for a point of comparison, pursuant to the aforementioned
CDC Table 2-702, the m�imum allowable height for restaurant uses is 25 feet. The proposed
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building height of 15 feet to roof structure (23 feet to highest architectural feature) is less than
this allowable height and is therefore consistent with the CDC.
Minimum Off-Street Parkin�:
Pursuant to CDC Table 2-703, there is no minimum off-street parking requirement for a
Comprehensive Infill Redevelopment Project. However, for a point of comparison, pursuant to
CDC Table 2-702, the minimum required parking for restaurants is 12 parking spaces per 1,000
square feet of gross floor area. This results in a requirement of 51 parking spaces for a 4,242
square foot restaurant. The proposal provides 50 parking spaces or 11.79 spaces per 1,000
square feet of gross floor area. The difference is considered by Staff to be de minimus in nature
and the proposed number of parking spaces is expected to more than adequately serve the
redevelopment.
Mechanical Equipment:
Pursuant to CDC Section 3-201.D.1 and 3-903.I, all outside mechanical equipment must be
screened so as not to be visible from public streets and/or abutting properties. Mechanical
equipment will be located on the roof of the proposed building and will be concealed with
parapet walls on all sides.
Si�ht Visibility Triangles:
Pursuant to CDC Section 3-904.A, to minimize hazards at the proposed driveways on Gulf to
Bay Boulevard and South Belcher Road and at the intersection of Gulf to Bay Boulevard and
South Belcher Road, no structures or landscaping may be installed which will obstruct views at a
level between 30 inches above grade and eight feet above grade within 20-foot sight visibility
triangles. This proposal has been reviewed by the City's Traffic Engineering Department and
been found to be acceptable. Shrubbery planted within the sight visibility triangles will need to
be maintained to meet the Code requirements.
Utilities:
Pursuant to CDC Section 3-912, for development that does not involve a subdivision, all utilities
including individual distribution lines must be installed underground unless such undergrounding
is not practicable. Overhead utilities existing along the west side of the site along South
Hercules Avenue. These utilities will remain as they are. The applicant has contacted the
controlling utility (Duke Energy) which has said that they would not approve of undergrounding
these wires. In addition, the undergrounding of these utilities would necessitate the removal of
two mature live oaks which the applicant and the City mutually agree should be retained.
Landscapin�
As noted in the request, the proposal does not meet three components of the landscape portion of
the CDC including the provision of more than 10 parking spaces in row, the provision of the
required number of perimeter buffer trees and the provision of foundation landscaping on the west
side of the building. The applicant has opted to utilize the Comprehensive Landscape Program
pursuant to CDC Section 3-1202.G. The criteria for a Comprehensive Landscape Program are
provided below:
1. Architectural theme.
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a. The landscaping in a comprehensive landscape program shall be desi�ned as a part
of the architectural theme of the principal buildings proposed or developed on the
parcel proposed for develo�ment; or
b. The desiQn, character, location and/or materials of the landscape treatment proposed
in the comprehensive landscape pro,gram shall be demonstrably more attractive than
landscapin� otherwise permitted on the parcel proposed for development under the
minimum landscape standards.
Pursuant to CDC Section 3-1202.D, required perimeter buffers are based on adjacent
uses andJor street types. The required landscape buffers are 15 feet (south — arterial
street), 10 feet (west and east — local streets) and five feet (north — non-residential).
In addition, Section 3-1202.E provides that interior landscaping must be provided
which is equal to or greater than 10 percent of the vehicular use area. The proposed
vehicular use area is 28,839 square feet requiring 2,884 square feet of interior
landscaped area. Section 3-1202.E also provides that no more than 10 parking spaces
may be in a row. The landscape section also provides requirements for quantities of
plant material to be provided; one tree per 35 feet of perimeter (less driveways).
Finally, Section 3-1202.E requires that all facades facing a street must include a
foundation planting area of at least five feet of depth along the entire fa�ade
excluding areas necessary for ingress/egress.
This proposal provides buffer widths along the south (15 feet) and north, west and
east (10 feet) which meet or exceed the requirements of Section 3-1202.D. The
proposal also includes 3,876 square feet of interior landscape area which exceeds the
otherwise required amount of landscaped area. The proposal does not meet the
requirements of Section 3-1202.E in that 13 parking spaces in row are proposed and
foundation plantings along the west fa�ade are not provided. The proposal is required
to include 23 perimeter trees where 20 are provided (where two accent trees or three
palm trees equal one shade tree). The proposal otherwise meets the remaining
requirements of Article 3 Division 12 of the CDC.
The applicant has mitigated the dimensional deficiency with regard to buffer width
through the provision of landscape material in excess of the minimum otherwise
required by the CDC. The landscape plan includes a variety of shade, ornamental
and palm trees (live oak, winged elm, bald cypress and ribbon palm), as well as
shrubs and ground covers (viburnum, schefflera, bougainvillea, firecracker plant and
flax lily). The buffers will be planted in such a manner as to create a tiered effect
providing adequate buffers between the subject property and adjacent rights-of-way
and properties. Therefore, the proposal meets the intent of this CDC section.
2. Lightin�. An �Llighting proposed as a part of a comprehensive landscape program is
automatically controlled so that the li�� is turned off when the business is closed.
The applicant will ensure that all lighting meets the requirements of CDC Article 3
Division 13. Outdoor Lighting and is automatically controlled so that the lighting is
turned off when the business is closed.
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3. Community character. The landscape treatment proposed in the comprehensive
landscape program will enhance the communitv character o the Cit�of Clearwater.
The proposed landscape plan incorporates a tiered effect along all street frontages with
groundcover and low- and mid-sized shrubs rather than just a hedge and one shade tree
every 35 feet. The overall site plan is expected to be more attractive than as otherwise
required by the thereby enhancing the community character.
4. Property values. The landscape treatment proposed in the comprehensive landscape
pro�ram will have a beneficial impact on the value o�,propertv in the immediate vicinitX
of the parcel proposed for development.
The provided landscaping around and within the site will improve the aesthetics of the
site, effectively screen surface parking 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 anv special area or scenic corridor
plan which the Cit�of Clearwater has prepared and adopted for the area in which the
parcel propose�or development is located.
As noted elsewhere in this report, 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 the proposal does not provide
the required foundation landscaping along the west fa�ade of the building facing South
Hercules Avenue, the requisite buffer width along all sides of the site is demonstrably
better than that as required by the minimum standards of Article 3 Division 12 of the
CDC.
Solid Waste:
A dumpster is proposed at the northeast quadrant of the site. The dumpster area will be screened
by a solid wall with a stucco finish to match the primary exterior color of the subject building.
The proposal has been found to be acceptable by the City's Solid Waste and Fire Departments.
Signa�e:
A sign package has not yet been submitted. All signage for the site will have to be reviewed as
part of a comprehensive sign program pursuant to CDC Section 3-1807.B. While attached signs
are shown on the elevations none of the attached signs shown on the elevations are dimensioned
allowing their areas to be determined. In short, a sign package has not been submitted with this
application and signage whether indicated or not should not be considered as part of the request
nor would any approval of this proposal in any way imply approval of any sign.
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 a 4,242 square foot restaurant. The proposed building replaces a vacant
retail plaza. The subject site is surrounded by a myriad of uses indicative of an intensely
developed commercial corridor including such uses as retail sales and service, restaurant,
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automotive service stations, vehicle sales and display and office. The proposed restaurant will
constitute an appropriate use for the neighborhood. The proposal includes lush landscaping
which exceeds the intent of the CDC, and will complement and enhance surrounding properties.
Therefore, the proposal supports this Code section.
Section 3-914.A.2. The proposed development will not hinder or discourage development and
use of adjacent land and buildings or significantly impair the value thereof.
The proposal is, as discussed in relation to CDC Section 3-914.A.1, above, consistent with the
character of adj acent properties and with the overall approved site plan. The applicant has
shown through substantial competent evidence that the proposal is similar in nature vis-a-vis
form and fiznction to adjacent and nearby properties and the whole of the approved site plan.
The proposal is not expected to 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 o� safety of
peNSOns �esiding or working in the neighborhood.
The proposal will likely have no effect, negative or otherwise, on the health or safety of persons
residing or working in the neighborhood. Therefore, the proposal is consistent with this CDC
Section.
Section 3-914.A.4. The proposed development is designed to minimize traffic congestion.
Issues relating to traffic congestion have been mitigated with the previous approval of the overall
site plan. The replacement of a retail plaza with a restaurant will have a minimal if any effect on
traffic congestion. Therefore, the proposal is consistent with this CDC Section.
Section 3-914.A. S. 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 uses
indicative of an intensely developed commercial corridor. The proposal is for a modest, one-
story restaurant. 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 propertzes.
The design of the proposed development minimizes adverse visual and acoustic impacts on
adjacent properties. The use to the north, a place of worship, will be separated from the
restaurant site with a masonry wall six feet in height and landscaping. Therefore, the proposal is
consistent with this CDC Section.
Compliance with Comprehensive Infill Redevelopment Project Criteria:
The proposal supports the specific Comprehensive Infill Redevelopment Project criteria pursuant
to CDC Section 2-704.E as follows:
1. The development or redevelopment is otherwise impractical without deviations from the use
and/or development standards set forth in this zoning district.
The proposal includes a modest building centrally located on the site. In order to provide a
viably-sized building, adequate parking, stormwater and on-site circulation the applicant is
requesting flexibility from the CDC. The bulk of the request essentially includes a reduction
the required parking by one space and approval to provide setbacks to parking along the east
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and west sides of the site equal to the otherwise required landscape buffer width of 10 feet.
The only way to meet the required 15 foot setbacks along the east and west would be to
provide a drastically smaller building and/or the elimination of approximately 15 parking
spaces which would not result in a viable product. Deviating from the setback for parking
only standards of the C District is required in order to establish the proposed restaurant on the
site. Therefore, the proposal is consistent with this CDC Section.
2. The development or redevelopment will be consistent with the goals and policies of the
Comprehensive Plan, as well as with the general purpose, intent and basic planning
objectives of this Code, and with the intent and purpose of this zoning district.
The redevelopment of the site will be consistent with a variety of Goals, Objectives and
Policies of the City's Comprehensive Plan as well as with the general purpose, intent and
basic planning objectives of the CDC as examined in detail elsewhere in this document.
Therefore, the proposal will be found to be 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 uses indicative of a
dense commercial corridor. The proposal includes a 4,242 square foot restaurant. 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 surrounding uses vis-a-vis use along Gulf to
Bay Boulevard. Adjoining properties should not be affected by the proposal. 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
standa�d or flexible development use; and
c. The development proposal accommodates the expansion or redevelopment of an existing
economic contributor.
As mentioned previously, the CG FLUP permits restaurants per the Countywide Land Use
Rules. The proposal will provide for a viable commercial use on a largely vacant lot which
is anticipated to create approximately 55 new jobs. The proposed restaurant will be similar
in form and function to other uses in the area and as approved as part of the overall site plan.
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.
Community Development Board January 20, 2014
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As mentioned, surrounding properties are developed with a variety of uses typical of an
intensely developed commercial corridor. The proposed restaurant will support and
complement surrounding uses with regard to form and function. The proposal will have
no effect on the ability of surrounding properties to be redeveloped or otherwise
improved. Therefore, the proposal is consistent with this CDC Section.
b. The proposed development complies with applicable design guidelines adopted by the
city.
There are no 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 a use similar in scale and scope with other uses in the area.
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 eletnents:
■ Changes in horizontal building planes;
■ Use of architectural details such as columns, cornices, stringcourses, pilasters,
porticos, balconies, railings, awnings, etc.;
■ Variety in materials, colors and textures;
■ Distinctive fenestration patterns;
■ Building stepbacks; and
■ Distinctive roofs forms.
The architecture of the building provides for substantial articulation of the fenestration
through the use of farade offsets, canopies, windows and change of material and color.
Therefore, the proposal is consistent with this CDC Section.
e. The proposed development provides for appropriate buffers, enhanced landscape design
and appropriate distances between buildings.
The proposal provides for a building, the form of which is consistent with or more
attractive than that as already exists in the area. The proposed landscape also exceeds the
intent as otherwise required by the CDC. Therefore, the proposal is consistent with this
CDC Section.
Section 4-206.D.4: Burden of proof The burden o�proof is upon the ap�licant to show bv
substantial competent evidence that he is entitled to the ap.proval rec�uested.
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 Standards and Criteria:
The following table depicts the consistency of the development proposal with the standards for
Comprehensive Infill Redevelopment Projects as per CDC Tables 2-701.1 and 2-704. Additional
standards are added, as appropriate, from the Development Agreement, as amended and the
approved site plan:
Community Development Board January 20, 2014
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� l���l �►aLel Level II Flexible Development Application Review
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PLANNING & DEVELOPMENT
DEVELOPMENT REVIEW DIVISION
Standard Proposed Consistentt Inconsistent
Floor Area Ratio 0.55 0.80 X
Impervious Surface 0.90 0.72 X
Ratio
Minimum Lot Area NA 50,622 square feet (1.161 acres) X
Minimum Lot Width NA 220 feet X
Minimum Setbacks (feet) Front: South: NA 89 feet (to building) / 15 feet (to X
pavement)
West: NA 51 feet (to building) / 10 feet (to X
pavement)
East: NA 51 feet (to building) / 10 feet (to X
pavement)
Side: North: NA 88 feet (to building) /10 feet (to X
pavement)
Maximum Height (feet) 25 per approved site 15 feet to roof structure (23 feet to X
plan highest architectural feature)
Minimum Determined by the 50 spaces X
Off-Street Parking community
development
coordinator based on th
specific use and/or ITE
Manual standards
See analysis in Staff Repart
Compliance with General Applicability Standards:
The following table depicts the consistency of the development proposal with the General
Standards for Level One and Two Approvals as per CDC Section 3-914.A:
1. The proposed development of the land will be in 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, inciuding
visual, acoustic and olfactory and hours of operation impacts on adiacent nronerties.
See analysis in Staff Report
Community Development Board January 20, 2014
FLD2013-11039 - Page 13
Consistent� I Inconsistent
X
X
X
X
X
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PLANNING & DEVELOPMENT
DEVELOPMENT REVIEW DIVISION
Compliance with Flexibility Criteria:
The following table depicts the consistency of the development proposal with the Flexibility
criteria as per CDC Section 2-704.C. (Comprehensive Infill Redevelopment Project):
1. The development or redevelopment is otherwise impractical without deviations from
the use and/or development standards set forth in this zoning district.
2. The development or redevelopment will be consistent with the goals and policies of
the Comprehensive Plan, as well as with the general purpose, intent and basic
pianning objectives of this Code, and with the intent and purpose of this zoning
district.
3. The development or redevelopment will not impede the normal and orderly
development and improvement of surrounding properties.
4. Adjoining properties will not suffer substantial detriment as a resuit of the proposed
development.
5. The proposed use shall otherwise be permitted by the underlying future land use
category, be compatible with adjacent land uses, will not substantially alter the
essential use characteristics of the neighborhood; and shall demonstrate compliance
with one or more of the following objectives:
a. The proposed use is permitted in this zoning district as a minimum 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
parking are justified based on demonstrated compliance with all of the following
design objectives:
a. The proposed development will not impede the normal and orderly
development and improvement of the surrounding properties for uses permitted
in this zoning district;
b. The proposed development complies with applicable design guidelines adopted
by the City;
c. The design, scale and intensity of the proposed development supports the
established or emerging character of an area;
d. In order to form a cohesive, visually interesting and attractive appearance, the
proposed development incorporates a substantial number of the following
design elements:
❑ Changes in horizontal building planes;
❑ Use of architectural details such as columns, cornices, stringcourses,
pilasters, porticos, balconies, railings, awnings, etc.;
❑ Variety in materials, colors and textures;
❑ Distinctive fenestration patterns;
❑ Building stepbacks; and
❑ Distinctive roofs forms.
e. The proposed development provides for appropriate buffers, enhanced
landscane desi�n and anoronriate distances between buildines.
� See analysis in Staff Report
Community Development Board January 20, 2014
FLD2013-11039 - Page 14
Consistentl I Incons istent
X
X
X
X
X
X
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Compliance with Comprehensive Landscape Program Standards:
The following table depicts the consistency of the development proposal with the
Comprehensive Landscape Program as per CDC Section 3-1202.G:
Consistent� � Inconsistent
l. Architectural theme.
a. The landscaping in a comprehensive landscape program sha11 be designed as a
part of the azchitectural theme of the principal buildings proposed or developed
on the parcel proposed for development; or
b. The design, chazacter, location and/or materials of the landscape treatment X
proposed in the comprehensive landscape program shall be demonstrably more
attractive than landscaping otherwise permitted on the parcel proposed for
development under the minimum landscape standards
2. Lighting. Any lighting proposed as a part of a comprehensive landscape program is X
automatically controlled so that the lighting is turned off when the business is
closed.
3. Community character. The landscape treatment proposed in the comprehensive X
landscape program will enhance the community character of the City of Clearwater.
4. Properry values. The landscape treatment proposed in the comprehensive landscape X
program will have a beneficial impact on the value of property in the immediate
vicinity of the parcel proposed for development.
5. Special area or scenic corridor plan. The landscape treatment proposed in the NA NA
comprehensive landscape program is consistent with any special area or scenic
conidor plan which the City of Clearwater has prepared and adopted for the area in
which the narcel proposed for development is located.
� See analysis in Staff'Report
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 1.16 acre site is located at the northeast corner of Gulf to Bay Boulevard and South
Hercules Avenue;
2. That the subject property is located within the Commercial (C) District and the Commercial
General (CG) Future Land Use Plan category;
3. That the subject property is not located in a special plan area;
4. That the proposal is to construct a restaurant and is subject to the requisite development
parameters per Article 2 Division 7 of the CDC;
5. That the site is currently developed with a vacant retail plaza;
6. The subject property is comprised of three parcels or portions thereof with approximately
220 feet of frontage along Gulf to Bay Boulevard and 230 feet of frontage along South
Hercules and Cirus Avenues;
7. The proposal includes a restaurant with a height of 15 feet to roof structure (23 feet to highest
architectural feature), a front (south) setback of 89 feet (to building) and 15 feet (to paving), a
front (west) setback of 51 feet (to building) and 10 feet (to paving), a front (east) setback of
Community Development Board January 20, 2014
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51 feet (to building and 10 feet (to paving) a side (north) setback of 88 feet (to building) and
10 feet (to paving), and 50 parking spaces (11.79 spaces per 1,000 square feet of Gross Floor
Area);
8. A reduction in the number of required perimeter trees from 23 trees to 20 trees, increase the
number of parking spaces in a row from 10 spaces to 13 spaces and eliminate the required
foundation plantings along the front (west) fa�ade of the proposed building; and
9. There are no active Code Compliance cases for the subject property.
Conclusions of Law:
The Planning and Development Department, having made the above findings of fact, reaches the
following conclusions of law:
1. That the development proposal is consistent with the pattern of development of the
surrounding neighborhood;
2. That the proposal 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 District and CG FLUP classification;
4. That the development proposal is consistent with the Standards pursuant to CDC Table 2-
704;
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.
Based upon the above, the Planning and Development Department recommends APPROVAL of
the Flexible Development application to permit a restaurant with a height of 15 feet to roof
structure (23 feet to highest architectural feature), a front (south) setback of 89 feet (to building)
and 15 feet (to paving), a front (west) setback of 51 feet (to building) and 10 feet (to paving), a
front (east) setback of 51 feet (to building and 10 feet (to paving) a side (north) setback of 88 feet
(to building) and 10 feet (to paving), and 50 parking spaces (11.79 spaces per 1,000 square feet
of Gross Floor Area) in the Commercial (C) District as a Comprehensive Infill Redevelopment
Project under the provisions of Community Development Code (CDC) Section 2-704.C; to
reduce the number of required perimeter trees from 23 trees to 20 trees, increase the number of
parking spaces in a row from 10 spaces to 13 spaces and eliminate the required foundation
plantings along the front (west) farade of the proposed building as part of a Comprehensive
Landscape Program under the provisions of CDC Section 3-1202.G; and approval of a two-year
Development Order subject to the following conditions:
Conditions of Approval:
Timing Conditions:
1. 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 January 20, 2014
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: Vl�l ��l��l Level II Flexible Develo ment A lication Review PLANNING & DEVELOPMENT
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� ,a*�.�� ,. •. . ,
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;
2. That prior to the issuance of any building permits the location and visibility of electric
equipment (electric panels, boxes and meters) be reviewed and, if located exterior to the
building where visible from any street frontage, be shown to be painted the same color as the
portion of the building to which such features are attached;
3. That prior to the issuance of any permits all sub-standard sidewalks and sidewalk ramps
adjacent to or a part of the project shall be shown on plans to be improved to meet the
requirement of Local, State and/or Federal standards including A.D.A. requirements
(truncated domes per FDOT Index #304);
4. That, prior to the issuance of any building permits except for clearing and grubbing or the
provision of fill, the details for sub-surface detention and treatment system shall be submitted
to and approved by the Engineering Department; and
5. That, prior to the issuance of any building permits except for clearing and grubbing or the
provision of fill, the maintenance and operations plan for the stormwater system shall be
submitted to and approved by the Engineering Department.
, `�
"- -°-°°-_ ;.7'
Prepared by Planning and Development Department Staff: /�''�'` ,.-''f
Mark T. Parry, AICP, Planner III
Community Development Board January 20, 2014
FLD2013-11039 - Page 17
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2008 Gulf to Bay Boulevard
FLD2014-11032
MARK T. PARRY
1655 Linwood Drive Tel: (727) 742.2461
Clearwater, FL 33755 E-mail: mparry@tampabay.rr.com
SUMMARY OF QUALIFICATIONS
A dedicated, AICP certified professional Planner focused on contributing to the field of Urban Planning
experienced in public and private sector planning. An excellent communicator, able to effectively interact
with clients, local government officials and business professionals at all levels. Experienced in various
aspects of urban design and planning, zoning regulations and permitting.
OBJECTIVE
To secure a Planning position which will allow me to continue improving the built environment and my
community through sound and innovative planning and design principals.
EDUCATION
COOK COLLEGE, RUTGERS UNIVERSITY, New Brunswick, NJ
B.S. Landscape Architecture Major, Urban Planning Certification
B.S. Environmental Planning and Design
Certificate Urban Planning
Golden Key National Honor Society; Sigma Lambda A/pha
American Planning Association (Florida Chapter); member
AICP #020597
40-hour OSHA (Hazwoper) Training
PLANNER III PLANNING DEPARTMENT, CITY OF CLEARWATER 04/12 - Present
08/98 — 04/05
• Responsible for nonresidential and single/multi-family site plan review and permitting.
• Assist in the implementation and subsequent review of the Community Development Code.
• Responsible for assessing and writing Community Development Code amendments.
• Land Development Code development, interpretation and application.
• Provide, inspect and direct landscape review/design.
• Acting Development Review Manager 9/99 —11/99 and 01/05 — 03/05.
• Manage and direct Associate Planners.
• Review, process and present variance/conditional use, land use/zoning atlas amendment and annexation
applications at in-house and public review meetings.
• Principal Planner in creating and implementing Clearwater's Downtown Design Guidelines.
Assisted in the implementation and application of the Clearwater powntown Redevelopment Plan.
SENIOR PLANNER DEVELOPMENT 8� ENVIRONMENTAL SERVICES, CARDNO TBE 04/05 — 04/12
• Planner of record for Cities of Indian Rocks Beach, Seminole and Clearwater and Town of Belleair.
• Responsible for nonresidential and single/multi-family site plan review and permitting.
• Perform site design and inspections.
• Provide technical planning support for engineering department.
• Provide support for Zoning Code, Comprehensive Plan, Zoning and Land Use Plan amendments.
• Research and write Evaluation and Appraisal Reports.
• Create and update Special Area Plans/Form-based Codes.
• Provide CADD support.
• Assist with creating redevelopment marketing material.
• Perform technical environmental services including soil and groundwater sampling.
Designer/Owner GREENSCAPES-GLD, MARLBORO, NJ 9/92 - 6/98
• Founded and established a local garden and landscape business.
� Plan and oversee installation of commercial and residential landscaping projects utilizing a variety of CADD
and photo-manipulation programs.
• Develop and implement advertising programs, brochures and graphics.
• Estimate, bid and negotiate jobs.
• Source and negotiate purchase of materials and equipment.
• Manage, train and schedule installation crews.
Program Supervisor LONGSTREET FARM, MONMOUTH COUNTY PARK SYSTEM,
HOLMDEL, NJ
• Assisted in formulating and running children's summer program ("Hayseed").
• Created and coordinated daily programs and schedules for 6-9 year old groups.
• Supervised several other programs throughout the year.
• Created a demand which was twice the program's capacity after the first year.
COMPUTER SKILLS
6/87 - 8/93
Access, Microsoft Office, Microsoft Works, ClarisWorks, MS Word, Land Designer Pro, Permit Plan,
Excel, Cornerstone, AutoCADD, PowerPoint, Publisher
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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 DEVELOPMENT CODE.
FIRE DEPT PRELIMARY SITE PLAN REVIEW FEE: $200
APPLICATION FEE: $1,205
PROPERTY OWNER (PER DEED): Trinity Presbyterian Church, a Florida non-profit corporation
MAILING ADDRESS: 2001 Rainbow Drive, Clearwater, FL 33765
PHONE NUMBER: 727-446-6210
EMai�: info@trinityclearwater.com
AGENT OR REPRESENTATIVE: K8t1@ E. COI@, Esq., Hill Ward Henderson, P.A.
MAILING ADDRESS: 311 Pafk PIBC@, Suite 240, Clearwater, FL 33759
PHONE NUMBER: 727-724-3900
Ennai�: katie.cole@hwhlaw.com
ADDRESS OF SUBJECT PROPERTY: 2008 GUIf t0 Bay BIVd., Clearwater, FL
PARCEL NUMBER(S): POI'f1011 Of 13-29-15-00000-1
13-29-15-82530-001-0010
LEGAL DESCRIPTION: S@8 attaCh@CI EXhlblt ��A��
PROPOSED USE(5): R@StaU�aflt Wlth OUtdOOC CBfe
DESCRIPTION OF REQUEST: S@2 attaCh2d EXhlblt ��B��
Specifically identify the request
(include all requested code flexibility,�
e.g., reduction in required number of
parking spaces, height setbacks, lot
size, lot width, specific use, etc.):
13-29-15-00000-130-0200 and
Planning 8 Development Department, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727-562-4567; Fax: 727-562-4865
Page 1 of 8 Revised 07/12
0
� C earwater
U
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 IAND USE PLAN DESIGNATION:
EXISTING USE (currently existing on site):
Commercial
Commercial General
Vacant
PROPOSED USE (new use, if any; plus existing, �f to rema�n�: Restaurant with outdoor cafe
�� ���
SITE AREA:
sq. ft. 1.16 acres
GRO55 FLOOR AREA (total square footage of all buildings):
Existing: 32,477 sq. ft.
Proposed: 4,242 sq. ft.
Maximum Allowable: 27,842 sq. ft.
GROSS FLOOR AREA (total square footage devoted to each use, if there will be multiple uses)
First use: 4,242 sq. ft.
Second use: sq. ft.
Third use: sq. ft.
FLOOR AREA RATIO (total square footage of all buildings divided by the total square footage of entire site):
Existing: .64
Proposed: •�$
Maximum Allowable: .55
BUILDING COVERAGE/FOOTPRINT (15` floor square footage of all buildings):
Existing: 32,477 sq. ft. ( 64.1 % of site)
Proposed: 4,242 sq. ft. ( 8•4 % of site)
Maximum Permitted: 27,842 sq. ft. ( 55 % of site)
GREEN $PACE WITHIN VEHICULAR USE AREA (green space within the parking lot and interior of site; not perimeter buffer):
Existing: 10,967 sq. ft. ( 21.7 % of site)
Proposed: 3,876 sq. ft. ( � % of site)
VEHICULAR USE AREA (parking spaces, drive aisles, loading area):
Existing: 6,113 sq. ft. ( 12.1
Proposed: 28,839 sq. ft. ( 57.0
% 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
IMPERVIOUS SURFACE RATIO (total square footage of impervious areas divided by the total square footage of entire site):
Existing: 78.3%
Proposed: 71,7a/o
Maximum Permitted: QQ%
DENSITY (units, rooms or beds per acre):
Existing: N/A
Proposed: N/A
Maximum Permitted: N/A
OFF-STREET PARKING:
Existing: 7 SpaC@S
Proposed: 50 SpBCeS
Minimum Required: 51 SpBC@S
BUILDING HEIGHT:
Existing:
Proposed:
Maximum Permitted:
approx 20 ft.
Top of roof: 14'-3"; Highest parapet: 22'-8"; Main Parapet: 19'4"
25 ft.
WHAT IS THE ESTIMATED TOTAL VALUE OF THE PROJECT UPON COMPLETION? $ 4,000,000.00
ZONING DISTRICTS FOR ALL ADJACENT PROPERTY:
North: LMDR
South: C, I
East: HDR, I
West: HDR. C
STATE OF FLORIDA, COUNTY OF PINELLAS //�
I, the undersigned, acknowledge that all S orn to and subscribed before me this I O(•� day of
representations made in this application are true and , ���� J�� , to me and/or by
accurate to the best of my knowledge and authorize
City representatives to visit and photograph the �•�h'� � who is personally known has
property described in this ap c tion. pro c d as identification.
- 1 9�..� _
Signature of property owner or representative Notary publi �
My commission expires:
..^''!S,a!Qh� � � f=U69717
, �:.5 '�.avem er
:c, �aA Thru Notary PuWic Undervrtiten
Planning 8� Development Department, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727-562-4567; Fax: 727-562-4865
Page 3 of 8 Revised 01112
o � er Planning & Development Department
� C earwat 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 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
provided in F.S. § 723.083, the application must provide that information required by Section 4-202.A.5.
L�9 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 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.
B A site plan prepared by a professional architect, engineer or landscape architect drawn to a minimum scale of one inch equals
50 feet on a sheet size not to exceed 24 inches by 36 inches that includes the following information:
� Index sheet ofthe same size shall be included with individual sheet numbers referenced thereon.
B 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) of the property, as applicable.
� Location, footprint and size of all existing and proposed buildings and structures on the site.
� Location and dimensions of vehicular and pedestrian circulation systems, both on-site and off-site, with proposed points
of access.
� Location of all existing and proposed sidewalks, curbs, water lines, sanitary sewer lines, storm drains, fire hydrants and
seawalls and any proposed utility easements.
� location of onsite and offsite stormwater management facilities as well as a narrative describing the proposed
stormwater control plan including calculations. Additional data necessary to demonstrate compliance with the City of
Clearwater Storm Drainage Design Criteria manual may be required at time of building construction permit.
� Location of solid waste collection facilities, required screening and provisions for accessibility for collection.
L�1 Location of off-street loading area, if required by Section 3-1406.
C9 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: 727-562-4865
Page 4 of 8 Revised 07/12
� 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 information.
� A tree survey showing the location, DBH and species of all existing trees with a DBH of four inches or more, and identifying
those trees proposed to be removed, if any.
� A tree inventory, prepared by a certified arborist, of all trees four inches DBH or more that reflects the size, canopy, and
condition of such trees may be required if deemed applicable by staff. Check with staff.
� A Traffic Impact Study 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 locations, provided
by the City of Clearwater Police Department; or
■ The Traffic Operations Manager or their designee deems it necessary to require such assessment in the plan review
process. Examples include developments that are expected to negatively impact a constrained roadway or developments
with unknown trip generation and/or other unknown factors.
� A landscape plan shall be provided for any project where there is a new use or a change of use; or an existing use is improved
or remodeled in a value of 25% or more of the valuation of the principal structure as reflected on the property appraiser's
current records, or if an amendment is required to an existing approved site plan; or a parking lot requires additional
landscaping pursuant to the provisions of Article 3, Division 14. The landscape plan shall include the following information, if
not otherwise required in conjunction with the application for development approval:
� Location, size, description, specifications and quantities of 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.
B Interior landscape areas hatched and/or shaded and labeled and interior landscape coverage, expressed both in square
feet, exclusive of perimeter landscaped strips, and as a percentage of the paved area coverage of the parking lot and
vehicular use areas.
� Location of existing and proposed structures and improvements, including but not limited to sidewalks, walls, fences,
pools, patios, dumpster pads, pad mounted transformers, fire hydrants, overhead obstructions, curbs, water lines,
sanitary sewer lines, storm drains, seawalls, utility easements, treatment of all ground surfaces, and any other features
that may influence the proposed landscape.
� Location of parking areas and other vehicular use areas, including parking spaces, circulation aisles, interior landscape
islands and curbing.
� Drainage and retention areas, including swales, side slopes and bottom elevations.
� Delineation and dimensions of all required perimeter landscaped buffers including sight triangles, if any.
Planning � Development Department, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727-562-4567; Fax: 727-562-4865
Page 5 of 8 Revised 07/12
0
� C earwater
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.
See attached Exhibit "B" for responses 1-6
2. The proposed development will not hinder or discourage the appropriate development and use of adjacent land and buildings
or significantly impair the value thereof.
3. The proposed development will not adversely affect the health or safety or persons residing or working in the neighborhood
of the proposed use.
4. The proposed development is designed to minimize traffic congestion.
5. The proposed development is consistent with the community character of the immediate vicinity of the parcel proposed for
development.
6. The design of the proposed development minimizes adverse effects, including visual, acoustic and olfactory and hours of
operation impacts, on adjacent properties.
Planning & Development Department, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727-562-4567; Fax: 727-562-4865
Page 6 of 8 Revised 07/72
° learwater Planning & Development Department
� li 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 ZONING DISTRICT(S) IN WHICH THE SUBJECT PROPERTY IS LOCATED. EXPLAIN HOW, IN DETAIL, EACH CRITERION
IS BEING COMPLIED WITH PER THIS DEVELOPMENT PROPOSAL (USE SEPARATE SHEETS AS NECESSARY).
1 See attached Exhibit "B" for responses 1-8
2.
3.
4.
5.
6.
8.
Planning 8 Development Department, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727-562-4567; Fax: 727-562�865
Page 7 of 8 Revised 07/72
�
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Planning & Development Department
Flexible Development Application
� Affidavit to Authorize Agent/Representative
1. Provide names of all property owners on deed - PRINT full names:
Trinity Presbyterian Church, a Florida non-profit corporation
2. That (I am/we are) the owner(s) and record title holder(s) of the following described property:
See at#ached Exhibit "A"
3. That this property constitutes the property for which a request for (describe request):
Flexible Development Application
4. That the undersigned (has/have) appointed and (does/do) appoint:
Katie E. Cole, Esq., Hill Ward Henderson, P.A.
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%j�ie), the undersigned autl�rity,�heyeby certify
erty
Property Owner
is true and correct.
STATE OF FLORIDA, COUNTY OF PINELLAS
Property Owner
Property Owner
BEFORE ME THE UNDERSIGNED, AN OFFICER DULY COMMISSIONED BY THE LAWS OF THE STATE OF FLORIDA, ON
THIS DAYOF �V �1J'�'__�/y"', �!,�� �V � �"I , PERSONALLYAPPEARED
�� VY� �'� ��; V Yi�/1/` � i V � WHO HAVING BEEN FIRST DULY SWORN
DEPOSED AND SAYS THAT HE/SHE FULLY UNDERSTANDS THE CONTENTS OF THE AFFIDAVIT THAT HE/SHE SIGNED.
� �
o ry u 1 ae f a' �
JIEfi'P �2(vi. J� �.l u�
t � t� Commissia� FF 1� 89 i S -__ _- ------- —
�Yp�rce�osrosrto,s
v' 1I' �r. .+...a.. �.,;�.
Notary Seal/Stamp
L�'� � 1 Notary Public Si natur
r j �
My Commission Expires: � `� � �
Planning & Development Department, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727-562-4567; Fax: 727-562-4865
Page 8 of 8 Revised 01/12
OLD REPUBLIG NATIONAL TITLE INSURANC'E CCIMPANY
GOMMI TMENT �
f�und f=ite iVumber. AgenCs Eile Re(�rence:
q4-2014-003(l28 t4-026
EXfIIBIT A
Being a parcel of land that is lying within the southwest quarter (SW 'l.� of the nartheast quarter
(NE'/.j of Section l3, Township 29 South, Range 15 East, Pinellas County, Fiorida and which is
more particu(arly described as follows:
Beginning at the intersection of the north right-af-way line of Gulf to Bay Bouleva�d (having a
100-foot wide right-of-way, a.k.a. State Road 6U) and the east right-of-way line of Hercules
Avenue, said east right-of-way line is 30.00 feet east and parallel to the west lien of said
southwest quarter (SW'/,); thence North 00°39'47" West along last said east right-of-way line a
distance of 230.00 feet; thence South 89°28'S1" East 220.11 feet to the intersectian of the west
right-of-way line of Sauth Cirus Avenue (having a 6q-foot wide right-of-wayj; thence snuth
00°40`52" East 230.00 feet along last said west right of way line to the intersectian of said �orth
right-af-way line of said Gulf to 6ay Boulevard (a.k.a. State Road 60j; thence North 89°28`51°
West along last said north right of way line a distance of 220.18 feet to the Point of Beginning.
form CF6 Exhibit A�rev. 12l1�)
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''� �TBINI`�Y PRBSBY'PEItIAN CHURCH, a non-profit Corporatlon,
3°� eer,sy:,:.r:� :a�ar the laKS of the State of Florida
wh�� �,ra/Jrae «Id.a„ s, 20�1 RainbuH Drive - C1eaz�rater, Florida
6srrinaJbr caUed t6e onmee: ' � :� 33 515 �
1L MN, k�.l �ne•�wlra�� et�� �me wa�ea�an�i�i � �i�ru�
�111RiL�lti 77��t 16� praeto►. (ar anel tn oonild�ralloa o( I►N su�n o/ i 10.00 ' and ollwr
wluaLb ou�ulde�allo��, rsalpl. urlisr�oJ b I�slry. acArnomledptd. /�erel►�r .yront�. bargatns. r�Ui. nlien�. ra-
mltts. ro�teua, cen►�rya and ose►�hnu unfe Ih� fleant��. all Ibaf ceelaln lan¢�U�c�1ii���pQ��'� 0
Coun�r. Flwtda. ws: ' 40 ' 7.0�
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Thati palrt of ths southwest Quarter (sw�) of the� .i•e4a.eD
'Northeset Quarter (N$�) of 9SCTION 13, TOi�13HIP �
29 SOUTH, RANQB 15 BAST, deacribed as folloxss �
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Begin at a point 50.0 feat North and 1tr0.0 Yeet
East of the SouthNest corner of the 3outhMeat
one-quartier .of the Northeast .one-quarter• of'
9ecttan 13, To�ship•29 9outh, Range 15 �ast '. .
�'or a point aP beginniag; and t'raa the' poiutib of ..
beginning thus establiehed� run thence !1 0 deB.
39' 47" W. a.distance of 150.0 teot• run theace .
N 89 deg . 22f 53* w. a distance of �10.0 feet to
the Sasterly ri�ght-of-Nay of Hercules Avenue••rwi
tt�encs N,0 deg. 39' 47" w. along said Baster�y'right-
oP-wap of He�culea Avenue a distnnce oP 129.0 Peet•
rna th�ace S�q deg. 22t 53„ E. a distance of 220..b
feet tio tkie Weaterly right-oP-May of Cirub A�enhie;
run theucs 3�0 deg . 39' �+T"• $• along sai'd Weatorly
rigbt-of-way of C3rus Avenue a dietance o! 280.0
feet mare or leas to the Northerly rfght ot way ot
(3u].!' to Bay Boulevard; run Lheaca N 69 deg . 22t 53° w.
along�the Northerly ri t-o�-way of said GulP to Bay
Bonls,�ar�u a dietance o�110.0. fest to the establiat►ed
�poiat ot beginning. �
It is Lhs intention of the (}rantbr herein NQtMA V. CU71,�Ei� � �
.to con�ep all of the landa prsaently ov�►ec� by her; Lhat xere �
acquired in Deed froa Margie McKee recorded in Deed Book 1386,
Page'201, Piaellas County recar�da• and aiso ac quired i,n Dead .
Pra� Warren,L. Young aud Rita M. �(oung� hfs rdts recorded in
ueea eook i56o,.page 583, Pinelle$ Countiy reoords. .
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I#: 2a10230005 BK: 17001 PG: 2467, 08/16/2010 at 08:47 AM, RECORDING 3 PAGES
$27.00 D DOC STAMP COLLECTION $4375.00 KEN BURKE, CLERK OF COURT PINELLAS
COUNTY, FL BY DEPUTY CLERK: CLKDU08
�� bY
Pamela Wright, an ertiployee of
Frst M�erican Title Inwrance Can�anY
1535 Highland Avenue
Clearwater, Florida 33756
(877)727-5923
Retum to: GraMee
Fle No.: 1038-2372647
Return Originel Doaum�nt to:
FIRST AMHRICAN TITLE
WARRENVILLE P03T CL081N(3
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277T5 Diehi Rd. WARRANTY DEED '�; �, ,�;
Werranville, IL 60555 � . , ,
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This indenture made on August 05, 2010 A.D., by � �� �� ,;�.,; ;"
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GTB Properties, LLP, a Floiida llmibed Uabili�yParti�ti�dy formeriy known as GTB
Propertiea, a Florida General Partnership, tbrmeHy ^knQv�i,3�s Gulf-bo-Bay Propertles, a
Florida General Partnership � � ; � �
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whose address is: 1188 Mandalay Poinit,�Gl �ea�v�1.�.FL 33765
hereinafter called the "grantor", to �,;,' �.; .,�' - -
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Trinity Presbyberian Churc�?,a'�lb�a�Non-Pl`ofit Corporation
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whose address is: 2001 iraitibo}�i;Driv�,`Clearwater, FL 33765
hereinafter called the "grarrt�e°;.' ��
(Which bemis "GraMor" and"Gr�6e,e"�baN�ndude singular or plural, corporadon or individual, and eitfier soc, and shall include heirs, legal
representatives, stxoe�a's'Snd a3s1�1►s o1�t+e �Same)
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Witnesseti�� tha't �he granl�x� for and in oonsideration of the sum of Ten Dollars, (�10.00) and other
valuable wn3ic�ra '�p�s,. [e�gipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens,
remises�releas�s, �onveys and oonfirms unto the granbee, all that oeitain land situate in
Pinel(as�ounty; �I�ida, to-wit:
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FRONrYFiE §Ql�THWEST CORNER OF SW 1/4 OF NE 1/4 OF SECTION 13, TOWNSHIP 29 SOUTH, RANGE
'. � 15 EAS%�Ft,UN THENCE NORTH 0°39'47" WEST 50.01 FEET TO THE NORTH LINE OF GULF TO BAY
��QULEVP�D; THENCE SOUTH 39°22'S3" EAST ALONG THE NORTI-I LINE OF GULF TO BAY BOULEVARD
3b��EET,YO POINT OF BEGINNING AND SOUTHWEST CORNER OF LOT HEREIN CONVEYED; THENCE
CAN�77NUE SOUTH 89°22'S3" EAST ALONG NORTH LINE OF GULF TO BAY BOULEVARD 110 FEEf;
THENCE NORTH 0°39'47" WEST 150 FEET; THENCE NORTH 89°22'S3" WEST PARALLEL WITH GULF TO
BAY BOULEVARD 110 FEET; THENCE SOUTH 0°39'47" EAST 150 FEET TO POINT OF BEGINNIN6,
PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA.
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Page 1 of 3
1038 - 2372647
PINEbLAS COUNTY FL OFF. REC. BK 17001 PG 2468
Parcel Identification Number: 13-29-15-00000-130-0300
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Subject to ali reservations, rnvenants, conditions, resMctions and easements of reoord and to all ,- ;; �, ��; �,
applicable zoning ordinances and/or restrictions imposed by govemmental authorities, if any. ,.',�� ,� ; "
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To Have and to Hold, the same in fee simple forever. ---�,��.� :�
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Md the grantor hereby oovenants with said grantee that the grarrtor is lawfully seized of said land`jrr fee"
simple; that the grantor has good right and lawful auttwrity to sell and convey said land;�t�at the gj'a�tor
hereby fully warrarrts the title bo said land and will defend the same against the 1�y�fii4tlairus�ofalY,�
persons whomsoever; and that said land is free of all encumbranoes except ta� aaruin��ub'sequent to
December 31st of 2010. �� `, � '
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In Witness Whereof, the said Grantor has caused this instrument to be executed ir� its �name, the day
and year first above written. ,°�
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GTB Properties, LLP, a Florida Limited Liability -; �, �� ��'�''�'-�
Partnership, fortne�ly known as GTB _ _ , '�; �, ��� `,
Properties, a Florida General Partnership, �;--�' '�; �, ��%
formerly known as Gulf-to-Bay Properties,� af ;°, '�'
Florida eral Partnership � �� ' '
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By:�Richard W. Cop,ey.A91GR�'�;�,
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Signed, a,, i � y► b[ir,presenc�:
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Vage 2 of 3
1038 - 2372647
PINE�,L'A.S COUNTY FL OFF. REC. BK 17001 PG 2469
State of Fiorida
County of Pinellas
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THE FOREGOING INSTRUMENT WAS ACKNOWLEOGED before me on —Y� �
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by Richard W. Cope, as MGR, on behalf of GTB Propertles, LLP, a Florida Limited Uahtjit�l.�' �,,
Partnership, formerly known as GTB Properties, a Florida General Partnership„fprm�J1►. `. `.
known as Gulf-fio-Bay Propertles, a Florida Gd�eral Partnership, existing under;tlie laws of the��%
State of F rida, who is/are personally known to me or who has/have produced a valid prYver's licen�e
as iden ' tlon. , ;--�% ��.��-- '���
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tary Public • . _ , ,
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(prinbed Mame) ,• , _ . �;,'Not�ry Public • St�te ot florid�
` �.`� _' � My Comm. Expires Se016. 2013
�� �� � � � sa;4�, �gA.� �OIIIf11�55�00 N �� � 424841
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My Commission expires� ��, �� ��"
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State of Florida � � � � ` �' � �
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County of Pinellas ,"• , , , ,
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THE FOREGOING INSTRUMENT'WAS ACKNOWL�DCED before me on .
by, as, on behalf o# GTB Pro�e�;LLP, a��jor�da Limited UaWlity Partnership, f�m�ly
known as GTB Properties,�°FIor,Ma'General Partnership, formerly known as Gulf-to-Bay
Properties, a Florida G�eFsl Pa�tae�ship xistlng under the laws of the State of Florida, who
is/are personally known Eo`meQr,who Fia&� produoed a valid driver's lioense as identification and who
did take an oath. Th.is �ioc�crierft has notarized pursuant to Florfda Statutes, Chapter 668.
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Page 3 of 3
1038 - 2372647
Flexible Development Approval
Comprehensive Infill Application
2008 Gulf to Bay Blvd.
Description of Request.•
The Applicant requests approval of a comprehensive infill redevelopment application for the
development of a Culver's restaurant on a parcel located on Gulf to Bay between Cirus and
Hercules Avenue. The approval includes three existing parcels — the two that front Gulf to Bay
and a portion of the Trinity Presbyterian Church parcel located to the North. Simultaneously
with this request, the Applicant is proposing a minor lot line adjustment, contingent upon the
demolition of the existing structure on the subject property and approval of the side setbacks
along the boundary of the remaining church property. Any signage illustrated is only for
demonstrative and planning purposes (i.e. Sheet C-4 of the site plan includes a monument sign).
The Applicant will submit an application for signage in the future.
A sit-down restaurant in the Commercial District:
a. Lot area of 22,000 where 3500-10,000 sq. ft. is required.
b. Lot width of 220 ft. where 35-100 ft. is required;
c. Height of 14'-3" to top of roof, 22'-8" to highest parapet, and 19'-4" to main parapet
where 25-50' is required;
d. Front (south) setback of 17.48 ft. to pavement and 89.82 ft. to building, where 15-25 ft. is
required;
e. Front (west) setback of 10.04 ft. to pavement and 51.28 ft. to building, where 15-25 ft. is
required;
f. Front (east) setback of 10 ft. to pavement and 51.28 ft. to building, where 15-25 ft. is
required;
g. Side (north) setback of 10 ft. to pavement and 89 ft. to building, where 0-10 ft. is required
h. Flexibility to the minimum standards for Parking, providing 50 spaces where 51 spaces
are required;
i. Minor lot line adjustment approval for the lot as shown on the surveys; and
j. Approval of a two-year development order.
Consistent with Code section 2-704 for Comprehensive Infill Redevelopment Projects, together
with approval of a minor lot line adjustment.
General Applicability Criteria
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.
Gulf to Bay Blvd. is a commercial corridor in the center of the City. It has several
retail and restaurant uses such as what is proposed, as well as various medical offices,
professional offices, and schools. The proposed development replaces an old retail
store and redevelops a vacant parcel (formerly a retail store). Culvers will be one-story
in height and comparable in scale and scope to the existing restaurants in the
surrounding area.
Page 1 of 6
2. The proposed development will not hinder or discourage the appropriate
development and use of adjacent land and buildings or significantly impair the
value thereof.
The proposed development will not hinder or discourage the appropriate development
of adjacent land and buildings. It is surrounded on three sides by right of way and the
fourth side by an existing church. Rather, the redevelopment of this parcel will
encourage other redevelopment on underutilized sites in this main Clearwater corridor.
Also, the proposed restaurant use is consistent with existing restaurant uses to the west
(KFC, Checkers), and continues the upscale redevelopment pattern that is occurring to
the east (mixed use development including Bob Evans, Starbucks, Wawa).
3. The proposed development will not adversely affect the health or safety or
persons residing or working in the neighborhood of the proposed use.
The proposed development includes connections to sidewalks for pedestrians,
landscaping along three rights of ways, and will create a nice entrance into a residential
area of the neighborhood on a corner that is currently in need of redevelopment. The
restaurant use will serve the adjacent church and nearby Clearwater High and
residences. Vehicular access to Gulf to Bay Boulevard is not proposed, but full access
is proposed along Hercules Ave. and Cirus Ave.
4. The proposed development is designed to minimize traffic congestion.
The proposed development has entrances on side streets rather than onto the state road,
Gulf to Bay, which will minimize traffic congestion. The parking areas are separated
from the drive through area to avoid conflict of drive through traffic with the vehicular
access points.
5. The proposed development is consistent with the community character of the
immediate vicinity of the parcel proposed for development.
The proposed restaurant development is consistent with the existing and recently
redeveloped properties along Gulf to Bay, which are generally commercial.
Immediately across Gulf to Bay is an old retail plaza including a pizza shop and sub
shop. To the east is 7-11 and Dairy Queen, and to the west is Checkers and KFC.
Culvers is consistent with both the existing and emerging community character in 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.
Page 2 of 6
The proposed restaurant use is separated from the residential uses to the north by the
existing church, which minimizes operational conflicts between the proposed use and the
residential areas. The restaurant will be additionally separated from the church by a 6
foot high masonry wall lined with a continuous row of 2 foot high shrubs within a 10 foot
landscape buffer. To the west is Hercules Avenue and a vacant lot, and to the east is
Cirus Avenue and 7-11. The western and eastern boundaries include 10 foot landscape
buffers, and the northern boundary fronting Gulf to Bay has a 15 foot landscape buffer,
both of which are comprised of continuous hedges (excluding access points) and a variety
of tree plantings. Further, the design of the new restaurant includes stucco and cultured
stone materials along with fabric and metal awnings, and decorative lighting.
Comprehensive Infill Redevelopment Criteria
1. The development or redevelopment is otherwise impractical without deviations from
the use and/or development standards set forth in this zoning district;
The site includes three frontages along rights of way. Adhering to a front setback of
15-25 ft. on each of these would create such a small developable area, that the use of
the property would be significantly diminished. The setback flexibility is only
reducing the front (west/east) setbacks along the two minor streets from 15-25 ft. to
10 ft. to parking/pavement. Generous building setbacks of 51.28 feet are included
along the western and eastern sides along with 10 foot landscape buffers as required.
2. The development or redevelopment will be consistent with the goals and policies of the
Comprehensive Plan, as well as with the general purpose, intent and basic planning
objectives of this Code, and with the intent and purpose of this zoning district;
The redevelopment is consistent with the Commercial General future land use and
Commercial zoning categories and the general purpose of providing services to residents
and businesses. Also, the proposed restaurant and setback variations are consistent with
the following goals, objectives, and policies of the Future Land Use Element of the City
of Clearwater Comprehensive Plan:
A. 6 GOAL - THE CITY OF CLEARWATER SHALL UTILIZE INNOVATIVE AND FLEXIBLE PLANNING
AND ENGINEERING PRACTICES, AND URBAN DESIGN STANDARDS IN ORDER TO PROTECT
HISTORIC RESOURCES, ENSURE NEIGHBORHOOD PRESERVATION, REDEVELOP BLIGHTED
AREAS, AND ENCOURAGE INFILL DEVELOPMENT.
A.6.1 Objective - The redevelopment of blighted, substandard, ine�cient and/or obsolete areas shall be a
high priority and promoted through the implementation of redevelopment and special area plans, the
construction of catalytic private projects, city investment, and continued emphasis on property
maintenance standards.
Page3of6
A.6.2 Objective — The City of Clearwater shall continue to support innovative planned development and
mixed land use development techniques in order to promote infill development that is consistent and
compatible with the surrounding errvironment.
Policy
A.6.2.1 On a continuing basis, the Community Development Code and the site plan approval process
shall be utilized in promoting infill development and/or planned developments that are compatible.
A.6.8 Objective - Identify those areas of the City that a�e appropriate for redevelopment as
livable communities and require that specific sustainable elements be used in the redevelopment of
these areas.
Policies
A.6.8.1 Build active, attractive communities that are designed at a human scale and
encourage walking, cycling and use of mass transit.
A.6.8.2 Encourage mixed-use development that includes a combination of compatible land
uses having functional interrelationships and aesthetic features.
3. The development or redevelopment will not impede the normal and orderly
development and improvement of surrounding properties;
The proposed development will not impede the development and improvement of
surrounding properties. Rather, it complements and is compatible with the emerging
upscale commercial redevelopment pattern in the area.
4. Adjoining properties will not suffer substantial detriment as a result of the proposed
development;
The adjoining church parcel, which is the seller of this property, will not be substantially
impacted. As part of the contract between the parties, the new restaurant will include a
masonry wall separating the properties. This 6 foot high masonry wall will be composed
of stucco matching the building color, and include a 2 foot high decorative railing lined
with a continuous row of hedges within a 10 foot landscape buffer.
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;
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;
Page 4 of 6
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.
The proposed restaurant is permitted in this district as a minimum standard; however,
the comprehensive infill application is required due to the three lot fronts that require
larger setbacks than if the two side streets were considered "side" setbacks. The
redevelopment of a vacant parcel and an unrented commercial space will generate tax
revenues and employment opportunities in the City. Specifically, the restaurant will
create 55 jobs. The proposed development is similar to other uses in the area.
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;
The proposed development does not impede development of other parcels.
Rather, there are significant setbacks on all four sides; however, the parcel is
surrounded by three rights of way thereby requiring greater setbacks than
otherwise would be required if there was only one frontage. Also, the setback
flexibility is only along the western and eastern sides to reduce the setback to
parking from 15 ft. to 10 ft., whereas the building setbacks are 51.28 ft.
b. The proposed development complies with applicable design guidelines adopted
by the city;
There are no specific design guidelines required by the City.
c. The design, scale and intensity of the proposed development supports the
established or emerging character of an area;
The design, scale and intensity of the proposed development is consistent with
the development pattern in the neighborhood, including other existing and newer
restaurants.
Page 5 of 6
1 �
d. In order to form a cohesive, visually interesting and attractive appearance, the
proposed development incorporates a substantial number of the following design
elements:
• Changes in horizontal building planes;
• Use of architectural details such as columns, cornices, stringcourses, pilasters,
porticos, balconies, railings, awnings, etc.;
• Variety in materials, colors and textures;
• Distinctive fenestration patterns;
• Building stepbacks; and
• Distinctive roof forms.
The design of the building is attractive and provides various architectural
details, including columns and awnings, as well as a variety of materials (stucco
and cultured stone), colors and textures. Also, the building design includes
parapet walls and building fa�ade articulation with fabric and/or metal awnings
and decorative lighting.
e. The proposed development provides for appropriate buffers, enhanced landscape
design and appropriate distances between buildings.
The proposed development includes enhanced buffering and landscape design
above what is required by the CDC. There are ten foot landscape buffers
surrounding the west, east and north sides of the property (excluding access points)
that incorporate continuous rows of shrubs and a variety of shade and accent trees.
The northern landscape buffer adjacent to the remaining church property only
requires a fence by code, but features the additional element of an attractive
masonry wall capped with a decorative railing.
The southern boundary along Gulf to Bay includes a 15 foot landscape buffer
comprised of a continuous row of hedges with clustering and planting of accent
and shade trees. All landscape buffers will utilize a tiered effect and a variety of
planting material in excess of what is required by the CDC.
Page 6 of 6
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October 28, 2014
Mr. Robin Kendall, PE
EMK Consultants of Florida, Inc
7815 North Dale Mabry Highway, S-200
Tampa, Florida 33614
Dear Mr. Kendall,
Re:
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Existing Tree Inventory and Ratings
Culver's @ Gulf to Bay and Hercules
The existing trees on the site have been assessed according to The City of Clearwater's Tree
Rating System. All of the existing trees on the site have been marked with a number that
corresponds with the numbers shown on the Table on page two, so they can be identified in the
field. These trees are shown on the Tree Preservation Plan along with their number, size, rating
and status. The City of Clearwater rating system numbers are explained below:
0 = Dead - require removal
1= Poor (nearly dead, hazardous) - require removal
2= below Average (declining, diseased, poor structure, potential hazard) - Require Removal
3= Average (worthy of preservation but has some minor problems, minor decline, tip die-back,
minor inclusion) - Problems can be corrected
4= Above Average (rather healthy tree with very minor problems)
5 = Outstanding (very healthy)
6= Specimen (unique in size, age, exceptional quality)
Trees rated 0-2 should be removed because they pose a hazard - no replacement required, trees
rated 3 are worthy of preservation but could be sacrificed to allow additional preservation of trees
rated 4-6 and trees rated 6(very rarely used) are trees that cannot be removed.
In general, the existing trees on this site are in good condition. See page two for tree table with
conditions.
Sincerely,
� ��
.``�, �
L. Alyson Utter
Anderson Lesniak Limited, Inc.
ISA Certified Arborist FL-6158A
Tree Inventory for Culver's @ Gulf to Bay and Hercules Avenue - Page 1
Existinq Tree Table with Citv of Clearwater Condition Ratinqs
Ta No. S ecies DBH Ratin
60 Live Oak 17" 4
61 Live Oak 19" 3
62 Live Oak 14" 4
63 Washin ton Palm 14" 4
Tree Inventory for Culver's @ Gulf to Bay and Hercules Avenue - Page 2
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PROPOSED FLOOR PL�4N
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DRAINAGE REPORT
r�•�
Culver's Restaurant
Gulf to Bay Bivd & Hercules Ave
Clearwater, Florida
PREPARED FOR
4200 LLC
2551 N. Wahl Avenue
Milwaukee, WI 53211
November 3, 2014
C nt� f ori
7815 N Dale Mabry Highway
Tampa, FL 33614
(813) 931-8900
Culver's Restaurant
Gulf to Bay Bivd & Hercules Ave
Port Richey, Fiorida
Drainage Report
EMK Project No. 31336.02
0
Table of Contents
Section
1. Introduction
ll. Pre-Developed Conditions
111. Post-Developed Conditions
IV. Storm-Water Management Summary
V. Appendices
a. NRCS MAP
b. FEMA Floodplain Area Maps
c. Treatment/Attenuation calculations
d. Pipe Capacity Calcu/ations
e. Pre /Post-Developed Delineated easin Maps
PG. NO.
1
2
3
4
A
8
C
D
E
I. Introduction:
Culver's proposes to construct a new restaurant. The proposed project site is approximately 1.16 acres and is
located on the northeast quadrant of the intersection of Gulf to Bay Boulevard (SR 60) & Hercules Avenue. The
site is situated in Clearwater, Pinellas County, in Section 13, Township 29 S., Range 15 E.
The site had been developed as a day care and ancillary church facility and has recently been partially razed. The
land cover is in good condition. The prevailing soil types on site consist of Urban Land, as shown in the NRCS soil
survey and attached geotechnical report. The existing site slopes from the east to the west and south, where
rainfall runoff flows directly into the existing gutters of Hercules Avenue and Gulf to Bay Boulevard. According to
the Flood �nsurance Rate Maps, Community Panel Number 109 of 327, Map Number 12103C0109H dated May 17,
2005, this site is within Flood Zone "X".
The proposed storm-water management system will provide water quality treatment and attenuation for the
proposed improvements. Treatment and attenuation will be provided by the proposed Detention with Effluent
Filtration System consisting of a series of storm chambers providing attenuation and a sand filter bed providing
treatment. Post-developed peak discharge flow for 24-hour, 25-year event SWFWMD storm event will be less than
that in the pre-developed condition. Discharge to the FDOT R/W in SR 60 will consist only of effluent from the
treatment bed. The storm chambers will be constructed within the southern portion of the property; effluent from
the treatment bed will discharge to the existing curb inlet lying within the R/W of SR 60 at the NE quadrant of the
intersection of Hercules Avenue. Seasonal high groundwater elevation within the site is 68.2-feet, based on a
geotechnical report provided by Conestoga-Rovers & Associates (please see attached).
I1. Pre-Developed Conditions:
Pre-Basin
Area = 1.16 acres
• Hydraulic soil group (HSG) of site classified as:
0 100% Urban Land
• Land use is defined as:
o Urban; fully developed:
■ Good condition
III. Post-Developed Conditions:
Post-Basin
Area = 1.16 acres
• Hydraulic soil group (HSG) of site classified as:
0 100% UrbanLand
• Land use is defined as:
o Urban; fully developed:
■ Good condition
IV. Storm-water Management Summary:
The existing site consists of 22% pervious area. The proposed site consists of 28� pervious area. The majority of
the site (1.03 acres) drains to the Hercules Boulevard R/W. The remainder (0.13 acres) drains to the SR 60 R/W.
The proposed storm-water system will treat and attenuate 2,626 cf, discharging the treatment effluent to an inlet
in the SR 60 R/W. The maximum flow from the treatment effluent is 141 cfh, or 0.04 cfs. Storm-water runoff in
excess of the attenuation volume (2,630 cf) will discharge through DS No. 2 and over the proposed driveway
pavement weir at a crest of 72.15 to the Hercules Avenue R/W.
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Soil Map—Pinellas County, Florida
(31336.02 CULVERS CLEARWATER)
327490
327400 327410 327420 327430 3D440 327450 327460 327470 327480 327490 327500 327510
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�, Map Scale: 1:685 if printed on A landscape (11" x 8.5") sheet.
p Mders
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Map projection: Web Mer�hor Caner mordina6es: WGS84 Edge tia: UTM Zone 17N WC',S84
USDA Natural Resources Web Soil Survey
� Conservation Service National Cooperative Soil Survey
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9/25/2014
Page 1 of 3
MAP LEGEND
Area of Interest (AOI)
� Area of Interest (AOI)
Soils
� Soil Map Unit Polygons
,� Soil Map Unit Lines
� Soil Map Unit Points
Special Point Features
(o� Blowout
� Borrow Pit
� Clay Spot
Closed Depression
'�! Gravel Pit
„ Gravelly Spot
t�t Landfill
�� Lava Flow
,� Marsh or swamp
� Mine or Quarry
� Miscellaneous Water
� Perennial Water
E,.r Rock Outcrop
.1�.. Saline Spot
P , Sandy Spot
� Severely Eroded Spot
?: Sinkhole
�
�. Slide or Slip
� Sodic Spot
�
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s'�
�r
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Soil Map—Pinellas County, Florida
(31336.02 CULVERS CLEARWATER)
Spoil Area
Stony Spot
Very Stony Spot
Wet Spot
Other
Special Line Features
Water Features
Streams and Canals
Transportation
� Rails
� Interstate Highways
. ._ US Routes
Major Roads
Local Roads
Background
- Aerial Photography
MAP INFORMATION
The soil surveys that comprise your AOI were mapped at 1:24,000.
Warning: Soil Map may not be valid at this scale.
Enlargement of maps beyond the scale of mapping can cause
misunderstanding of the detail of mapping and accuracy of soil line
placement. The maps do not show the small areas of contrasting
soils that could have been shown at a more detailed scale.
Please rely on the bar scale on each map sheet for map
measurements.
Source of Map: Natural Resources Conservation Service
Web Soil Survey URL: http://websoilsurvey.nres.usda.gov
Coordinate System: Web Mercator (EPSG:3S57)
Maps from the Web Soil Survey are based on the Web Mercator
projection, which preserves direction and shape but distorts
distance and area. A projection that preserves area, such as the
Albers equal-area conic projection, should be used if more accurate
calculations of distance or area are required.
This product is generated from the USDA-NRCS certified data as of
the version date(s) listed below.
Soil Survey Area: Pinellas County, Florida
Survey Area Data: Version 9, Dec 6, 2013
Soil map units are labeled (as space allows) for map scales 1:50,000
or larger.
Date(s) aerial images were photographed: Dec 17, 2013—Feb
28, 2014
The orthophoto or other base map on which the soil lines were
compiled and digitized probably differs from the background
imagery displayed on these maps. As a result, some minor shifting
of map unit boundaries may be evident.
USDA Natural Resources Web Soil Survey 9/25/2014
� Conservation Service National Cooperative Soil Survey Page 2 of 3
Soil Ma�Pinellas County, Florida
Map Unit Legend
Pinellas County, Florida (FL103)
Map Unit Symboi Map Unit Name Acres in AOI
30 Urban land
-- -- -- -
Totals for Area of Interest I
USDA NaturalResources
� Conservation Service
Web Soil Survey
National Cooperative Soil Survey
1.7
1.7
31336.02 CULVERS CLEARWATER
Percent of AQI
100.0%
100.0%
9/25/2014
Page 3 of 3
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Appendix C:
Treatment/Attenuation calculations
SITE DESCRIPTION: EXISTING
31336.02 CULVER'S CLEARWATER
Description Area (s� Percentage C
buildings 32,477 64% 0.95
sidewalk 1,065 2% 0.95
pavement 6,113 12% 0.95
pond n/a 1.00
open space 10,967 22% 0.20
Total 50,622 100%
C
total
0.61
0.02
0.11
0.00
0.04
SITE DESCRIPTION: PROPOSED
31336.02 CULVER'S CLEARWATER
Description Area (s� Percentage C �
total
buildings 4,242 8% 0.95 0.08
sidewalk 3,208 6% 0.95 0.06
pavement 28,839 57% 0.95 0.54
pond n/a 1.00 0.00
open space 14,333 28% 0.20 0.06
Total 50,622 100% 0.74
Delta C
Tc
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A
Delta Q
V
RTV
1/2 C
total
0.30
0.01
0.06
0.00
0.02
0.39
= 0.34
=15 minutes
=7.3 in/hr at Tc = 15 minutes for the 25-year storm
=1.16 acres
=2.92 cfs
=2,626 cf
=2,109 cf
Appendix E:
Pre-/Post-Developed Delineated Basin Maps
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