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FLD2015-04013 - Staff Reportc Y �1��.����.t�� MEETING DATE: AGENDA ITEM: CASE: COMMUNITY DEVELOPMENT BOARD PLANNING AND DEVELOPMENT DEPARTMENT STAFF REPORT January 19, 2016 E.1. FLD2015-04013 REQUEST: The Community Development Board (CDB) is reviewing a proposed medical clinic in the Commercial (C) District for the property located at 1314 South Missouri Avenue. The project height is 25 feet, includes 48 parking spaces, and requests allowable flexibility from setback and landscape requirements (2-704.F and 3-1202). GENERAL DATA: Agent... ... ... ... ... ... ... ... .. Applicant/ Owner... ....... Location . .. .. . . .. . .. . . . . . . . . . . .. Property Size ........................ Future Land Use Plan........... Special Area Plan Zoning... ... ... ... ... ... ... ... ... . .. Adjacent Zoning....... North: South: East: West: Existing Land Use ............. P�oposed Land Use... ... ... Dillon Alderman, Alderman Planning Company 1330 S. Missouri, LLC. 1314 S. Missouri Avenue; located on the west side of S approximately 200 feet south of the Lakeview Road and S intersection. 1.11 acres (48,320 square feet) Commercial General N/A Commercial (C) District Commercial (C) District Commercial (C) District Commercial (C) District Low Medium Density Residential (LMDR) District Medium Density Residential (MDR) District Retail Sales and Services (vacant) Medical Clinic Missouri Avenue Missouri Avenue ` li�e�l 1Yatl.l Level II Flexibie Development Application Review � ;.i .—.i :i�.-r i��% . .. .. . � ..,._.��✓v._i ^.�'� � ANALYSIS: Location and Existing Conditions: The 1.11 acre property is located on the west side of Missouri Avenue, approximately 200 feet south of Lakeview Road. The property is zoned Commercial (C) District with an underlying Future Land Use Plan designation of Commercial General (CG). The property presently consists of a vacant 16,282 square foot building that was most recently occupied by T'homasville Furniture. There is a 25-space off-street parking lot on the south side of the building, six (6) parking spaces at the southeast corner of the building that back-out on to Missouri Avenue, and substantial excess asphalt between the building and Missouri Avenue. There are a variety of non-residential uses along South Missouri Avenue including contractor, insurance and law offices, automobile service station, and two automobile body shops. The adjoining residential properties along South Michigan primarily consist of detached and attached dwellings in poor to fair condition. Code Compliance Analysis: There are no outstanding Code Compliance issues associated with the subject property. PLANNING & DHVELOPMENT DEVELOPMENT REVIEW DIVISION - � J -�- F- --.-r LAKEVIEW RO" W - - �--- a PROJECT ' �� I � SITE i j � — �; ? , ii i I _ ` , a i ; � i N --_.1 �- - ' ; i > SOUTH ST ¢ ' Q ,- -� Q - j i � Z � W I z ( a � w �� I�� a Q' � c� I°a, x � I U I � � � � � �� � _J i._� , � KINGSIEY ST O > �}{ar ST L i—� i ' 1. LOCATION MAP � � 7299 . ..1298 .. . � � �300 � ^ t300 - -.. . � ��n� ^ T' N 7308 :130f � � i , i__ ; ]�„(��313 ii�1; -73ii� . 1310 �� 1 ��' �3 1320. 319 � f374 1322 W f323 � �1334-Q f330: f315. 1318 W 13 7326 Z 1327 . . > 13 f330.� 1329 � - .. 1320 � 1330 = 7333 ■ 732T j 73 .V 1335 � W 7335 7336 � � O y 1339 1340 � Q 7337 f33C > 13 1340 7343 . O 1343 �D,� SOUTHST 1347 � g 1330 � �� y >> 1349'h �3��� 7345 1334 L�'D� -= 13 7336 1358 �3 r�en Development Proposal: � On September 16, 2008, the Community �298 �^�EV/EWRD Development Board approved a request on the �' ?�� Retail sales, office and service and Auto � " �.s subject property to establish a 16,374 square foot �,�os " medical clinic with 47 off-street parking spaces. ��.epair ,3�0 The development proposal consisted of Detached ; %! '3" �-' f314 demolishing a 9,195 square foot portion of the and � 1330� � � �3,8 building to make way for a 22-space off-street attached : � 4 73f5 ( „ZO Q parking lot at the north end of the property. In dwellings : ;�� J� :::- ,azz ; addition, the existing 25-space off-street parking 1338 y 134,_�,,,o� � offices & �324 �' lot at the south end of the property was to be "40 ;;� ; ;; Auto repair �328 reconfigured to meet current design standards, sourr; s 134 : %� 1330 and the existing back-out parking and excess 1350 13d8i! �" ,ass 1334 pavement along the east side of the building was 1352 1353 ��' 1338 1358 to be replaced by landscaping. The property EXISTING SURROUNDING USES MAP ^ owner failed to obtain a certificate of occupancy within the time frame established by the development order and the approval has since expired. Community Development Board - January 19, 2016 FLD2015-04013 — Page 1 > (' �T + 4� PLANNING & DEVELOPMENT _ L��i �taLel Level II Flexible DevelopmentApplication Review : ��i�_i��-�-.i . .. _. . ...... . . DEVELOPMENT REVIEW DIVISION �r�-.��.�.� i��. .. . . � For this reason they are proposing to reestablish an approval for a 21,766 square foot medical clinic as a Comprehensive Infill Redevelopment Project as the proposal does not meet the applicable development standards of front and rear setbacks as well as the minimum required number of parking spaces. The open space on the north side of the building will be converted into a parking lot with 26 parking spaces. The parking lot and spaces will be code compliant. The existing parking lot on the south side of the building will be reconfigured to be a code compliant parking lot with 22 off-street parking spaces. Comprehensive Plan: The proposal is supported by the following Goal, Objective and Policy of the City's Comprehensive Plan as follows: Future Land Use Plan Element: Objective A.3.2 - All development or redevelopment initiatives within the City of Clearwater shall meet the minimum landscaping / tree protection standards of the Communiry Development Code in order to promote the preservation of existing tree canopies, the expansion of that canopy, and the overall quality of development within the City; and Policy A.3.2.1 - All new development or redevelopment of property within the City of Clearwater shall meet all landscape requirements of the Community Development Code Policy A. S. S.1 - Development should be designed to maintain and support the existing or envisioned character of the neighborhood. 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 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. Objective A.6.4 - Due to the built-out character of the city of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. The dominate land use to the east and south of the proposed project area is office use. The site plan and building design is consistent with the existing character and design nearby commercial properties. The nonconforming back-out parking spaces will be eliminated, the existing off-street parking lot located on the south side of property will be brought into compliance with current design standards which results in 22 parking spaces, and a new 26-space off-street parking lot will be constructed on the north side of the property. The proposal, which makes an appropriate reuse of the site and building while emphasizing enhanced aesthetics (landscaping) and a complete upgrading of the exterior of the building is the sort of project envisioned as an apt recipient of flexibility from the otherwise required development parameters as provided by the above Goals, Objectives and Policies with regard to its location within the urban service area and the provision of an attractive, compact redevelopment plan. Therefore, the proposal supports the above Goal, Policies and Objectives. Community Development Board — January 19, 2016 FLD2015-04013 — Page 2 ' li�L(�1 �al�� Level II Flexible Development Application Review - �ni'�i'v�.i . . ... . .. PLANNING & DEVELOPIv1ENT DEVELOPMENT REVIEW DIVISION Community Development Code: The proposal is supported by 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. Section 1-103. B. 2. Ensuring that development and redevelopment will not have a negative impact on the value of surrounding properties and wherever practicable promoting development and redevelopment which will enhance the value of surrounding properties. Section 1-103.B.3. Strengthening the city's economy and increasing its tax base as a whole. Section 1-103. D. It is the further purpose of this Development Code to make the beautification of the city a matter of the highest prioriry and to require that existing and future uses and structures in the city are attractive and well-maintained to the maximum extent permitted by law. The proposal includes the adaptive re-use of an under-utilized building. The applicant has demonstrated that the proposed upgrades to the building and site are considerably more attractive than what is there now. The proposal with regard to 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. This redevelopment project represents a substantial improvement upon the properties current situation and is most likely the best opportunity to obtain quality redevelopment of this property. Therefore, the proposal supports the above Code sections. Compliance with Development Standards for Comprehensive Infill Redevelopment Projects: Floor Area Ratio (FAR�: Pursuant to the Comprehensive Plan and CDC Section 2-701.1, the m�imum FAR for properties with a Future Land Use Plan (FLUP) designation of CG is 0.55. The proposed FAR is 0.45, which is consistent with Code provisions. Impervious Surface Ratio (ISRL Pursuant to the Comprehensive Plan and CDC Section 2-701.1, the maYimum allowable ISR within the CG FLUP category is 0.90. The overall proposed ISR is 0.76, 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 2-703, medical clinics are required a minimum lot area and lot width of 10,000 square feet and 100 feet, respectively. The subject property has a lot area of 48,320 square feet and a lot width of 512 feet, which are both far in excess of those requirements. Community Development Board — January 19, 2016 FLD2015-04013 — Page 3 � C��Ri fT[iLel Level II Flexible Develo ment lication Review PLnr�r�n�rG�nEVaLOrMENT p �p DEVELOPMENT REVIEW DIVISION u �./�it� �./��''i � : . . . � 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- 703 the front, side, and rear setbacks for a medical clinic are 25 feet, 10 feet and 20 feet, respectively. The existing building is generally not compliant with the above requirements. The building has a front (east) setback of 9.58 feet and a rear (west) setback of 4.47 feet. However, the setback from the side (south) property line is 116.69 feet and 112.75 feet from the side (north) property line. Each side setback is well in excess of minimum requirement. With regard to setbacks to pavement/parking, the majority of the property as it exists has been paved without the provision of any setback. The development proposal will modify this by providing a front (east) setback that varies between 12 feet and 15 feet, rear (west) setbacks to parking will be less than five feet for approximately 444 linear feet where the rear property line is 515 linear feet, a side (north) setback that varies between four feet and five feet (to pavement), and a setback of five feet from the side (south) property line. The setbacks are nearly consistent with the required setbacks set forth for parking lots in CDC Section 3-903.F. That section of code requires this project to have a 15 foot wide front setback, a side setback of five feet, and a rear setback of 12 feet. Maximum Building Hei�ht: Pursuant to CDC Table 2-704, there is no maximum height for a Comprehensive Infill Redevelopment Project. However, for a point of comparison, pursuant to CDC Table 2-703, the maximum allowable height for a medical clinic is 25 feet. The building has a height of 25 feet (to highest finished roof surface), which is consistent the Code provision. Minimum Off-Street Parking: Pursuant to CDC Table 2-704, Comprehensive Infill Redevelopment Projects shall have their minimum off-street parking requirement determined by the Community Development Coordinator based on the specific use and/or ITE Manual standards. However, for a point of comparison, pursuant to table in CDC Section 2-703, the minimum required parking spaces for a medical clinic is five parking spaces per 1,000 square feet of gross floor area. This results in a requirement of 109 off-street parking spaces for a 21,766 square foot building. The proposal provides 48 parking spaces or 23 spaces per 1,000 square feet of gross floor area which is well below the minimum number of required parking spaces. The applicant submitted a parking demand study which finds that the number of parking spaces provided will be adequate by careful management of client appointment times and number of doctors. In essence it is the property owner and occupying businesses which will be affected if clients cannot find a parking space on site. The Traffic Engineering Division agrees with the findings of the study. Therefore, the proposal supports the above Code sections. Mechanical Equipment: Pursuant to CDC Section 3-201.D.1, all outside mechanical equipment must be screened on all four sides so not to be visible from public streets and/or abutting properties. The site plan does Community Development Board - January 19, 2016 FLD2015-04013 — Page 4 � C�eNA 1'Yal�l Level II Flexible DevelopmentApplication Review PLANNING&DEVELOPMENT _ ������- . DEVELOPMENT REVIEW DIVISION ' ��r��rr� . . .. show the location of outside mechanical equipment on the north side of the building. Prior to the issuance of a building permit, the site plan shall provide a detail or note on the proposed method of screening the equipment similar to the note for the six foot masonry wall around the generator. In addition, it shall be a condition of approval that any electric and communication panels, boxes, and meters located on the exterior of the building is painted the same color as the building. Si�ht Visibiliiv Triangles: Pursuant to CDC Section 3-904.A, to minimize hazards at the proposed driveways on South Missouri Avenue, no structures or landscaping may be installed which will obstruct views at a level between 30 inches above grade and eight feet above grade within 20-foot sight visibility triangles. The plan has been reviewed by the City's Traffic Engineering Department and been found to be acceptable. Utilities: Pursuant to CDC Section 3-912, for development that does not involve a subdivision, all utilities including individual distribution lines must be installed underground unless such undergrounding is not practicable. All utilities which serve the site shall be underground or the applicant shall provide documentation from the utility companies if undergrounding the existing overhead utility lines is impractical. If is determined that the overhead wires can be placed underground, then provisions for the undergrounding of existing aboveground utility facilities in the public right-of-way and on-site must be completed prior to the issuance of a certiiicate of occupancy in a manner acceptable to the utility companies and the City. Landscapin� 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. a. The landscaping in a comprehensive landscape program shall be designed as a part of the architectural theme of the principal buildings proposed or developed on the parcel proposed for development; or b. The design, character, location andlor materials of the landscape treatment proposed in the comprehensive landscape program shall be demonstrably more attractive than landscaping otherwise permitted on the parcel proposed for development under the minimum landscape standards. 2. Lighting. Any lighting proposed as a part of a comprehensive landscape program is automatically controlled so that the lighting is turned off when the business is closed. 3. Community character. The landscape treatment proposed in the comprehensive landscape program will enhance the community character of the City of Clearwater. 4. Properry values. The landscape treatment proposed in the comprehensive landscape program will have a beneficial impact on the value of property in the immediate vicinity of the parcel proposed for development. Pursuant to CDC Section 3-1202.D and 3, required perimeter buffers are based on adjacent uses and/or street types. The required landscape buffers are 15 feet (east - arterial streets), 12 feet (west) where adjacent to residential uses, and five feet (north and south) where Community Development Board - January 19, 2016 FLD2015-04013 — Page 5 � C11.t41 ���L�l Level II Flexible Develo mentA lication Review PLANNING&DEVELOPMENT � ���.:�� p pp DEVELOPMENTREV�WDIVISION adjacent to nonresidential uses. 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 17,136 square feet requiring 1,713 square feet of interior landscaped area. Section 3-1202.E also provides that no more than 20 parking spaces may be in a row and that all interior landscape islands be the depth of a parking space and no less than 17 feet as measured form back of curb to back of curb. 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. The proposal is generally consistent with the requirements of Section 3-1202.E except for the provision of the foundation buffer along the east fa�ade. This buffer cannot be provided because the required foundation buffer is actually within the landscape buffer. It should be reiterated that the proposal is a change of use from retail sales and service to medical clinic, that there is little landscape provided at the time of the writing of this report and that most of the site is currently occupied with paving and building. The proposal is, in essence, a retrofit which provides for a full exterior renovation of the existing building, with 48 parking spaces and the most amount of landscaping given the space available. Staff believes that the applicant has made a good faith effort to meet the intent of the Code. The site currently includes little landscaping and is generally paved up to or within a couple of feet of any given property line. The largest open space area on the north side of the building will be removed for parking lot. The applicant is struggling to balance the adaptive reuse of the building including extensive exterior improvements along with providing Code- compliant parking spaces and lot. As such, the proposed landscape plan converts as much land as practical to landscaping. The proposal will improve the aesthetics of the site and should have a beneficial impact on surrounding properties. Therefore the proposal is consistent with this section of code. Notwithstanding, the landscape plan needs to be revised to correct a tree proposed to be planted within the paved area in the south parking lot. This tree needs to be shown to be planted within a landscape buffer. Also, the landscape plan also shows a tree to be planted at the bottom of the retention pond in the northwest corner of the property. The landscape plan does not provide a dimension from the proposed tree in the dry pond to top of bank. A revised landscape plan shall show the trees to be planted not more than six inches from top of bank as set forth in CDC Section 3-1202.D.3. The applicant will need to submit a revised landscape plan to be approved by staff prior to the issuance of any building permit. Solid Waste: The Solid Waste Department has required the applicant to provide a four yard dumpster on wheels that shall be rolled out to South Missouri Avenue on collection days. The applicant shall provide a staging area on South Missouri Avenue for the dumpster and the Solid Waste Department will work with the applicant to site the staging area in an appropriate location. This method of collection has been approved by the of the City's Solid Waste Department. Community Development Board - January 19, 2016 FLD2015-04013 — Page 6 '��1�a� 1'ttall.l Level II Flexible Development Application Review uv��� -. . . . .. �.r�.iv�.��.,^� � � . PLANNING & DEVELOPMENT DEVELOPMENT REVIEW DIVISION Signage: 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. 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. Section 3-914.A.3. The proposed development will not adversely affect the health or safery of persons residing or working in the neighborhood. Section 3-914.A.4 - The proposed development is designed to minimize traffic congestion. Section 3-914.A.5. The proposed development is consistent with the community character of the immediate vicinity. Section 3-914.A.6. The design of the proposed development minimizes adverse effects, including visual, acoustic and olfactory and hours of operation impacts on adjacent properties. The existing building includes a recently updated fa�ade that should improve the character of the area. The height and setbacks of the building are consistent with the commercial buildings in the immediate area. The removal of nonconforming back out parking spaces on South Missouri and the addition of standard curbs along the properties frontage on South Missouri Avenue will improve the safety of clients entering the building or pedestrians walking past the building. The proposal does not include any adverse affects as the hours of operation will be during the daytime and there is no proposed lighting on the building or in the parking lot that would negatively impact adjacent commercial or residential properties. This development proposal represents a substantial improvement upon the properties current situation and is most likely the best opportunity to obtain quality redevelopment of this property. Therefore, the proposal supports the above Code sections. Section 4-206.D.4: Burden of proof. The burden of proof is upon the applicant substantial competent evidence that he is entitled to the approval requested. The applicant has adequately demonstrated through the submittal of substantial evidence that the request is entitled to the approval requested as required by CDC 206.D.4. to show by competent Section 4- Compliance with Specific Use Flexibility Criteria: The proposal supports the specific medical clinic criteria pursuant to CDC Section 2-704.F; however only those criteria applicable to the development proposal are discussed below with the original numbering from the CDC maintained for clarity and continuity: Community Development Board - January 19, 2016 FLD2015-04013 — Page 7 ' li�L�i 1`ttiL�l Level II Flexible Development Application Review PLANNING & DEVELOPMENT DEVELOPMENT REVIEW DIVISION 1. The development or redevelopment is othenvise impractical without deviations from the use and/or development standards set forth in this zoning district. 2. The development or redevelopment will be consistent with the goals and policies of the Comprehensive Plan, as well as with the general purpose, intent and basic planning objectives of this Code, and with the intent and purpose of this zoning district. 3. The development or redevelopment will not impede the normal and orderly development and improvement of surrounding properties. 4. Adjoining properties will not suffer substantial detriment as a result of the proposed development. 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 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, andlor 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 c. � city,- The design, scale and intensiry of the proposed development supports the established or emerging character of an area; 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 design and appropriate distances between buildings. buffers, enhanced landscape Community Development Board — January 19, 2016 FLD2015-04013 — Page 8 ' C�l.tll �!' �Ll.l Level II Flexible Develo ment PLANNING & DEVELOPMENT j�^N��^,, p Application Review DEVELOPMENT REVIEW DIVISION `�J�_M�'�.�^�./ �. � . The surrounding properties will not suffer substantial detriment because the building is built and proposed to be improved and reused. The redevelopment of the site will bring the property back into use. The building is still undergoing fa�ade improvements which include decorative columns and cornices, stonewark to give textural and visual interest with new windows and doors creating a distinctive fenestration pattern. The roof line incorporates parapet walls which provide varied roof form and height. This development proposal represents a substantial improvement upon the properties current situation and is most likely the best opportunity to obtain quality redevelopment of this property. Therefore, the proposal supports the above Code sections. SUMMARY AND RECOMMENDATION: The Development Review Committee (DRC) reviewed the application and supporting materials at its meeting of November 5, 2015 and deemed the development proposal to be legally sufficient to move forward to the Community Development Board (CDB). Findings of Fact: The Planning and Development Department, having reviewed all evidence submitted by the applicant and requirements of the Community Development Code, iinds that there is substantial competent evidence to support the following findings of fact: 1. That the 1.11 acre subject property is located at the west side of South Missouri Avenue approximately 200 feet south of the Lakeview Road and S. Missouri Avenue intersection; 2. The property is zoned Commercial (C) District with a future land use designation of Commercial General (CG); 3. That the proposal is for a 21,766 gross floor area medical clinic with 48 off-street parking spaces; 4. The building will have a height of 25 feet to highest finished roof; 5. That the request includes a front (east) setback of 9.58 feet (to building) and a rear (west) setback of 4.47feet (to building). However the setback from the side (south) property line is 116.69 feet (to building); and the side (north) setback is 112.75 feet (to building); 6. That the proposed overall ISR will be 0.76; 7. That the proposed FAR will be 0.45; 8. That the proposal includes a request to reduce the front (east) landscape buffer from 15 feet to nine feet, reduce the side (north) landscape buffer from five feet to four feet and reduce the rear (west) landscape buffer of from 12 feet to four feet, a reduce the required number of canopy trees, eliminate the required interior landscape and eliminate the required foundation plantings along the front (east) fa�ade of the existing building as part of a Comprehensive Landscape Program under the provisions of CDC Section 3-1202; and 9. That there are no outstanding Code Enforcement issues associated with the subject property. Conclusions of Law: The Planning and Development Department, having made the above findings of fact, reaches the following conclusions of law: l. That the development proposal is consistent with the applicable Goals, Objectives, and Policies of the Comprehensive Plan; Community Development Board — January 19, 2016 FLD2015-04013 — Page 9 > (� �rr� + f� PLANNING & DEVELOPMENT . l� ��� Y1 Lll�l Level II Flexible Development Application Review � ���i-��v-�.� _. . DEVELOPMENT REVIEW DIVISION 2. That the development proposal is consistent with the Standards as per Tables 2-701.1 and 2- 704 of the Community Development Code; 3. That the development proposal is consistent with the Flexibility criteria as per Section 2- 704.F of the Community Development Code; 4. That the development proposal is consistent with the General Standards for Level Two Approvals as per Section 3-914.A of the Community Development Code; and 5. That the development proposal is consistent with the Flexibility criteria for a Comprehensive Landscape Program as per CDC Section 3-1202.G. Based upon the above, the Planning and Development Department recommends APPROVAL of application FLD2015-04013, subject to the following conditions: Conditions of Approval: l. That the application for a building permit be submitted no later than January 19, 2017, unless time extensions are granted pursuant to the CDC; 2. That the final design, color, and elevations of the building be generally consistent with the conceptual design, color, and elevations approved by the CDB; 3. That prior to the issuance of any permits except for clearing and grubbing, demolition or the provision of fill, the applicant shall show the method of screening the outdoor mechanical equipment on the landscape plan; 4. That any electric and communication panels, boxes, and meters located on the exterior of the building be painted the same color as the building; 5. That any future signage must meet the requirements of Code and be architecturally integrated with the design of the building with regard to proportion, color, material and finish as part of a final sign package submitted to and approved by Staff; 6. That prior to the issuance of any building permit except for clearing and grubbing, demolition or the provision of fill, all Engineering conditions are met; 7. That prior to the issuance of any building permit except for clearing and grubbing, demolition or the provision of fll, all Solid Waste conditions are met; 8. That prior to the issuance of any permits except for clearing and grubbing, demolition or the provision of fill, the applicant shall revise the landscape plan to correct a proposed tree to be planted in the south parking lot and to remove a proposed tree to be planted at the bottom of the retention pond in the northwest corner of the property; 9. That prior to the issuance of a Certificate of Occupancy, all of the proposed landscaping shall be installed; 10. That prior to the issuance of any Certificate of Occupancy, all utilities, including individual distribution lines serving this development within the right-of-way along the South Missouri Avenue, as applicable, must be installed underground unless undergrounding is not practicable; 1 l. That issuance of a development permit by the City of Clearwater does not in any way create any right on the part of an applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the City for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law; and 12. 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 Community Development Board — January 19, 2016 FLD2015-04013 — Page 10 � C�eal �alet Level II Flexible Develo ment A lication Review PLANNING & DEVELOPMENT j� p pp DEVELOPMENT REVIEW DIVISION �-�..r�..--�.�_i-.� . " . . adequate water supply is available and to determine if any upgrades are required by the developer due to the impact of the project. The water supply must be able to support the needs of any required fire sprinkler, standpipe and/or fire pump. If a fire pump is required, then the water supply must be able to supply 150% of its rated capacity. Prepared by Planning and Development Department Staff: Kevin . berger, Senior Planner ATTACHMENTS: Photographs of Site and Vicinity Community Development Board - January 19, 2016 FLD2015-04013 - Page 11 � °.:��;. � Y .ie..sT+'a�+t.;..����rte�:;i�a a;� � . ' li � � .�... � -.°�- a r.: : . , R , rn X - ^� ?, �_-; / _ � _ �r � ._ �I'. iil �ii� ;� ��� , _ `��. � �r � �,- _ ���`..;� � . :� � = �� .a :.� �_ � S . ;:�����__. ..'^sm��° , � c�uun� buil�i�ug. ,��i� ,�u. ul subject prop�ri�, � � , � �v_ _ �� 1r� � �a! 'n4�'. � _ �4 H l r � t ,✓ . . :� r � � S �* � i� ...:.H' f .. . . �'k" �'�:.w ;' . � taC.: ` _.. . I�,iii� i _ .. . ' � .,� ..� ., � . +""- ..�, : - �,�� s �:��� y . '^�t 't4�' _- � �'�;�::�. .. : � ; '... _ «;,, ,.w-. „, . , sa � .� �_� _ � `,�-r�" � ��.., r ' J.t�.r,•_.� � � ; , . , . . .`;} -*°". . � . . �.� R4 . . Looking west from south parkine lot z _��, ,.� � �� ' � , � , ,, �. .�: �� , -��.....�._ �,� .� - r„ �,�3 .. . _._ 7� �... . _ � �M � '\ .._.� � � ra : ��.r. �.,....^— � ' � - ' ' _ ' � �t � ��R � � � ����ll����i�� I'2. t ` qy. � "a`� �. \ v. � ,.J��r � � � . , . . � '!'3 .. . , � �,kic � y�, . �� ' t ... S . � a � • 'ix� � �: i 4r � �,�'�'�. �Y �7 � ;� 4 V!1 � .. � �� �, . ��� .��,.�i�..,���,• � .�`�� 4� �' 3� . . ��:� ` . . . . . � � . . . . . .. . . � i��l�'il � in���i;�. 1314 South Missouri Avenue FLD2015-04013 Kevin W. Nurnberger 100 S Myrtle Avenue Clearwater, FL 33756 727-562-4567ext2502 kevin.nurnber er ,mvclearwater.com PROFESSIONAL EXPERIENCE Senior Planner ,September 201 S to present Planner III March 2011 to September 201 S Planner II October 2010 to March 2011 City of Clearwater, Clearwater, Florida Duties include performing the technical review and preparation of staff reports for various land development applications, the organization of data and its display in order to track information and provide status reports, and making presentations to various City Boards and Committees. Planner County of York, Yorktown, Virginia 2007 to 2009 Reviewed residential, commercial and mixed use development site plans to ensure compliance with planning, zoning, subdivision, historic preservation, and environmental standards as well as design criteria, specifications, regulations, codes and ordinances. Led pre-application meetings with residents, neighborhood organizations, contractors, and developers regarding future projects which included state and local government agencies. Site Assistant Gahan and Long Ltd, Belfast, Northern Ireland 2006 to 2007 Enforced Article 3 of the Planning Order (NI) with land owners, developers and district councils on procedures relating to archaeological and built heritage remains on proposed development sites. On site assistant to project manager during the archeological process throughout the pre-development stage. Development Planner Versar Inc, Fort Story/Fort Eustis, Virginia 2005 to 2006 Developed survey strategies for the Cultural Resource Manager by reviewing local and state planning documents, the Secretary of the Interior's Standards for Preservation Planning on Federal installations, the Virginia Department of Historic Resources, the Virginia Department of Transportation plan, and Virginia Power's public utility plan in the predevelopment stages of new development and building expansion projects to ensure protection of historic properties. City Planner City Planning Commission, New Orleans, Louisiana 2000 to 2005 Primary subdivision planner assisting applicants throughout the subdivision process in accordance with the zoning and subdivision regulations of the City of New Orleans. Reviewed various zoning and conditional use applications. Prepared and presented staff reports to the City Planning Commission and Board of Zoning Adjustments. EDUCATION University of New Orleans, LA MA Urban and Regional Planning (2004) State University of New York at Buffalo, NY BA Anthropology (1999)