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FLD2013-11041RECENE� DEC 16 2013 u K" DEP IRMEW CORWAM ° Clearwilml 0 1840 GUSTO BAY BLVD FLD2013 -11041 Response to Comments CTS Holdings, LLC Zoning: Commercial Atlas #: 289A 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): MAILING ADDRESS: PHONE NUMBER: EMAIL: AGENT OR REPRESENTATIVE: MAILING ADDRESS: PHONE NUMBER: EMAIL: ADDRESS OF SUBJECT PROPERTY: PARCEL NUMBER(S): LEGAL DESCRIPTION: PROPOSED USE(S): DESCRIPTION OF REQUEST: 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.): f —MEMO _ r � 1 Sr Planning & Development Department, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727 -562 -4567; Fax: 727 - 562 -4865 Page 1 of 8 Revised 01112 o Planning & Development Department Clearwater f Flexible P� Development Application P 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: ( i� .. A- L FUTURE LAND USE PLAN DESIGNATION: 'EXISTING USE (currently existing on site): L V, 'I ( �j PROPOSED USE (new use, if any; plus existing, if to remain): SITE AREA: t { sq. ft. + acres GROSS FLOOR AREA (total square footage of all Buildings): r Existing: 61 'Z f2 , 5 sq. ft. Proposed: I el S (a. 0 O sq. ft. 1. 1 Maximum Allowable: l 41. n 8 sq: ft. (0A)GROSS FLOOR AREA (total square footage devoted to each use, if there will be multiple uses): First use: 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): I co Existing: _ Proposed: • oil l Maximum Allowable: a 6 5 BUILDING COVERAGE /FOOTPRI rNT- (1�5'fltoo_r square footage of all buildings): Existing:,Gl_ `� (0 sq. ft. ( % of site) Proposed: 7, sq. ft. ( *0' 15 %of site) Maximum Permitted: 0 00 sq. ft. ( 55 00 % of site) GREEN SPACE WITHIN VEHICULAR USE AREA (green space within the parking.lot and interior of site; notperimeter buffer); Existing: sq. ft. ( tJ %of site) Proposed: sq. ft: %of'si #e) VEHICULAR USE AREA (parking spaces, drive aisles, loading area): i Existing: 0 sq. ft. i( ..% f -site) -, Proposed: ��i �s q• ft- ( r % of site) Planning & Development Department, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727 - 5624567; Fax: 727 -562 -4865 Page 2 of 8 Revised 01112 IMPERVIOUS SURFACE RATIO (total square footage of impervio s are divided by the total square footage of entire site): Existing: Proposed:] = �{ 3 ®% Maximum Permitted: 00 % ! 0' 00 ©� 4ENSITY (units, rooms or beds per acre): BUILDING HEIGHT: { f/ Existing: Existing: 15 to Proposed: Proposed: Maximum Permitted: - Maximum Permitted: i OFF - STREET PARKING: Existing: Proposed: Minimum Required: WHAT IS THE ESTIMATED TOTAL VALUE OF THE PROJECT UPON COMPLETION? � 6 p0600 ZONING DISTRICTS FOR ALL ADJACENT PROPERTY: North: _ �'� V S At" South: QJ Z c' " East: L 60 �l� OD West: 1 99 7-� STATE OF FLORIDA, COUNTY OF PINELLAS 1, the undersigned, acknowledge that all Sworn to and subscribed before me this day of representations made in this application are true and sl �3 to me and /or by accurate to the best of my knowledge and authorize �5 City repre tatives o vi ' nd photograph the who is ersonal y kno as property d s�b I i f thi a f' ation. produced _ _ as identification. or representative Notary peifilic, My commission expires: �x yy pubes State of Florida '� MY l FOMM scion nt1D3S784e ii tv�" Expires Gt17/2014 Planning & Development Department, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727 - 5624557; Fax: 727 - 562 -4865 Page 3 of 8 Revised 01/12 M. c Planning & Development Department Clearwater Flexible Development Application l� pF 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: .R' 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. W"-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 rights) -of -way within and adjacent to the site. I" &u 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.A5. PAU if this application is being submitted for the purpose of a boatlift, catwalk, davit, dock, marina, pier, seawall or other similar 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 �/�ivate and commercial docks. ld 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: .�l index sheet of the same size shall be included with individual sheet numbers referenced thereon. IGI North arrow, scale, location map and date prepared. ,/0 Identification of the boundaries of phases, if development is proposed to be constructed in phases. Py� 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. jaF Location, footprint and size of all existing and proposed buildings and structures on the site. Jd Location and dimensions of vehicular and pedestrian circulation systems, both on -site and off -site, with proposed points of access. ZI Location of all existing and proposed sidewalks, curbs, water lines, sanitary sewer lines, storm drains, fire hydrants and seawalls and any proposed utility easements. af 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 V­*" e Clearwater Storm-Drainage Design +a Gritena_manual may be required at time of building construction permit. 0 Lo" tion of solid waste collection, fat J114s,;required screening and provisions for accessibility for collection. NAU Location of off- street loading area, if required by Section 3 -1406. GAY All adjacent right(s) -of -way, with indication of centerline and width, paved width, existing median cuts and intersections and bus shelters. iCr- Dimensions of existing and proposed lot lines, streets, drives, building lines, setbacks, structural overhangs and building separations. Building or structure elevation drawings that depict the proposed building height and building materials. Planning & Development Department, 1 00 S: Myrtle Avenue, Clearwater, FL 33756, Tel: 727 - 562 -0567; Fax: 727 -562 -4865 Page 4 of 8 Revised 41112 _, Typical floor plans, including floor plans for each floor of any parking garage. -❑ Demolition plan. tr © Identification and description of watercourses; wetlands, tree masses, specimen trees, and other environmentally sensitive areas. Ps13 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. (vA6- 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. f] 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. i ] 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. U 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. 0" 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.. C/Deiineation and dimensions of all required perimeter landscaped buffers including sight iriangfes, if any_ Planning & Development Department, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727- 562 -4567; Fax. 727 -562 -4565 Page 5 6f a Revised 04112 -V Clearwater 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. 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. G V ��, y 1 VCJ ,., t �L V 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 - 5624567; Fax: 727 -562 -4865 Page 6 of 8 Revised 01112 o Planning & Development Department Clearwater _ Flexible Development Application 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). s � r • ♦ ♦ A a If i ' i oe V iri ,icy I i ♦ rV� ♦ _ ! • 2 ♦ M FAM '1' • ' ,OW �! : ` �� ►� I s. CA.i "-TN,g QOV CJ. ::�4 A eA - A) --441 S Mg. I U 0 �,� h-T-(*&40P - e") I tA fe-od 60t> 11Ik MTO S Chi' 6 , U> I MIME � 1 J • Planning & Development Department, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727 - 562.4567; Fax: 727 - 562 -4865 Page 7 of 8 Revised 01112 V ,pier 30, 2013 Holdings of Pinellas, LLC do'authorized Steve in partner of CTS HO Se obtaining permits and 1, Aaron Stuart, Mana au h ©rued agent for the purpose Spencer to act as my at 1840 Gul# to Bay, Clearwater, FL 34625. developing said property Aaron Stuart a State of Florida County of Pinellas On October 30, 2013, before me, Audrey Tate Fuson, personally appeared, Aaront Stuart, personally known to me WITNEO my hand a d Off Gia eal (notary signature) My Commission Ex ires: TATE . s21,2013 fL _, LL ° Clearwater Planning & Development Department Comprehensive Landscaping Application U IT IS INCUMBENT UPON THE APPLICANT TO SUBMIT COMPLETE AND CORRECT INFORMATION. ANY MISLEADING, DECEPTIVE, INCOMPLETE OR INCORRECT INFORMATION MAY INVALIDATE YOUR APPLICATION. ALL APPLICATIONS ARE TO BE FILLED OUT COMPLETELY AND CORRECTLY, AND SUBMITTED IN PERSON (NO FAX OR DELIVERIES) TO THE PLANNING & DEVELOPMENT DEPARTMENT BY NOON ON THE SCHEDULED DEADLINE DATE. A TOTAL OF 11 COMPLETE SETS OF PLANS AND APPLICATION MATERIALS (1 ORIGINAL AND 10 COPIES) AS REQUIRED WITHIN ARE TO BE SUBMITTED FOR REVIEW BY THE DEVELOPMENT REVIEW COMMITTEE. SUBSEQUENT SUBMITTAL FOR THE COMMUNITY DEVELOPMENT BOARD, IF NECESSARY, WILL REQUIRE 1S 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. PROPERTY OWNER (PER DEED): MAILING ADDRESS: PHONE NUMBER: EMAIL: AGENT OR REPRESENTATIVE: MAILING ADDRESS: PHONE NUMBER: EMAIL: ADDRESS OF SUBJECT PROPERTY: DESCRIPTION OF REQUEST: Specifically identify the request (include all requested code flexibility; e.g., reduction in required number of parking spaces, height, setback lot size, lot width, specific use, etc.): �s ► IM S r t -- STATE OF FLORIDA, COUNTY OF PINELLAS 1, the undersigned, acknowledge that all Sworn to and subscribed before me this day of representations made in this application are true and ) j(&r to me and /or by accurate to the best of my knowledge and authorize City repgqenta tiv s �t and photograph the , who IS ���as grope yrib in t plication. produced as identification. or My commission expires: bwa F wwwqwwn bolleme Planning & Development Department, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727 - 5624567; Fax: 727 - 5624865 Page 1 of 2 Revised 01112 Z5 4 � o Planning & Development Department AfWatff Comprehensive Landscaping Application Flexibility Criteria PROVIDE COMPLETE RESPONSES TO EACH OF THE FIVE (5) FLEXIBILITY CRITERIA EXPLAINING HOW, IN DETAIL, THE CRITERION IS BEING COMPLIED WITH PER THIS COMPREHENSIVE LANDSCAPING PROPOSAL 1. Architectural Theme: a. The landscaping in a Comprehensive Landscaping program shall be designed as a part of the architectural theme of the principal buildings proposed or developed on the parcel proposed for the development. b. The design, character, location and /or materials of the landscape treatment proposed in the Comprehensive Landscaping program shall be demonstrably more attractive than landscaping otherwise permitted on the parcel proposed for development under the minimum landscape standards. 2 Gghtfng. Any lighting proposed as a part of a Comprehensive Landscaping program is automatically controlled so that the lighting is turned off when the business is closed. 3. Community Character. The landscape treatment proposed in the Comprehensive Landscape Program will enhance the community character of the City of Clearwater. 4. Property Values. The landscape treatment proposed in the Comprehensive Landscaping program will have a beneficial impact on the value of the property in the immediate vicinity of the parcel proposed for development. 5. Special Area or Scenic Corridor Plan. The landscape treatment proposed in the Comprehensive Landscape Program is consistent with any special area or scenic corridor plan which the City of Clearwater has prepared and adopted for the area in which the parcel proposed for development is located. I� Ar Planning & Development Deparbnent, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727 - 562 -4567; Fax: 727 - 6624865 Page 2 of 2 Revised 01112 iS LLC do.-authorized Steve 1, Aaron Stuart, !nanI9",jg parfner of C-TS Holdings Of Pinellas, Spencer to ac, as my authorized agent for the purpose Obtaining Permits and developing said Property at 1840 Guff to Bay, Clearwater, F . L 34611- Aaron Stuart State of Florida County of Pinellas On October 30, 2033, before me, Audrey Tate Fuson, personally appeared, Aaron Stuart, personally known to me VVITNE!* my hand a '9d ofiicia al (notary signature} k My Commission 6 res: 2M*13 CITY OF CLEARWATER PLAY�VBVG cSi DEvEmmiLVT DEPARTMEVT `r'r•+' Q POST Orncr Boa 4743, CLrmwAm. FLORIDA 33758 -4748 Mumcimi SrxNzcrs BunDmc, 100 Sou -ICI M -im`LE AvEN E, CLEARwATER, FLORIDA 33756 TL7.EPHovE (727) 562 -4567 FAx (727) 562 -4576 RECENE® #Error DEC 16 2013 Case number: FLD2013 -11041 — 1840 GULF TO BAY BLVD PLANNING DEPARTMENT Owner(s): C T S Holdings Of Pinellas Llc PLANNING 4830 W Kennedy Blvd Ste 300 Tampa, FL 33609 -2521 PHONE: No phone, Fax: No fax, Email: No email Applicant: PHONE: No phone, Fax: No fax, Email: No email Representative: Steve Spencer °> J N M N cn W �t m Q a m oT LLT- E� Jv- E�21 0 J M U uS E T—omE CD a) V 0 ,c V- LL �UN 11/27/2013 1 DRC_Comments ". EQUAL ENIPLOY,MENT AND AffiRMAm E A("i'ION EMPLOYER" Po Box 306 Indian Rocks Beach, FL 33785 PHONE: 7275041175, Fax: No fax, Email: Sjs @spencerarch.Com Location: The subject property is located at 1840 Gulf to Bay Boulevard and consists of 0.46 acres (20,283.75 SF). The parcel is located along the north side of Gulf to Bay at the northwest corner of the intersection of Gulf to Bay with South Pegasus Avenue. Atlas Page: 289A Zoning District: Commercial Request: Flexible Development application to permit a 1,926 square foot fast food restaurant use with a drive thru in the Commercial (C) Zoning District with a lot area of 0.46 acres (22,283.75 square feet), lot widths of 135 feet (along Gulf to Bay), 150.25 feet (along Pegasus), a building height of 24.66 feet (top of parapet wall), front (south) setback of 31.92 feet (Gulf to Bay), front (east) setback of 38.5 feet (Pegasus), side (west) setback of one foot to dumpster enclosure, rear (north) setback of 15.25 feet to dumpster enclosure, and 10 off - street parking spaces as a Comprehensive Infill Redevelopment Project pursuant to Community Development Code (CDC) Section 2- 704.E. along with the reduction in the required foundation plantings and required buffer plantings as part of a Comprehensive Landscape Program pursuant to CDC Section 3- 1202.G. Proposed Use: Restaurants Neighborhood Association(s): Presenter: Melissa Baker, Planner II 11/27/2013 1 DRC_Comments ". EQUAL ENIPLOY,MENT AND AffiRMAm E A("i'ION EMPLOYER" The DRC reviewed this application with the following comments: Engineering Review Prior to Building Construction Permit: 1. As per Community Development Code Section 3- 1907B, Sidewalks /Bicycle paths and City Construction Standard Index No. 109 for Sidewalks, Applicant shall bring all sub - standard sidewalks and sidewalk ramps adjacent to or a part of the project up to standard, including A.D.A. standards (raised detectable tactile surfaces or truncated domes per FDOT Index #304 and 310 FY 2012/13). 2. As per Community Development Code Section 3-1908.B- Utilities- Generally, all utility facilities existing and proposed throughout the property served or to be served shall be shown on the construction improvement plans. 3. As per City of Clearwater Development Code 4 -201, please show all existing public utilities on the plans. 4. If the proposed project necessitates infrastructure modifications to satisfy site - specific water capacity and pressure requirements and /or wastewater capacity requirements, the modifications shall be completed by the applicant and at their expense. If underground water mains and hydrants are to be installed, the installation shall be completed and in service prior to construction in accordance with Fire Department requirements. 5. A City right of way permit is required for any work in Pegasus Avenue. Prior to Certificate of Occupancy: 1. Please provide a copy of an approved right -of -way permit from FDOT for any work in the Gulf to Bay right -of -way prior to the issuance of a building permit. General Notes: 1. Only Sheet AS1 was reviewed for General Engineering criteria. The additional details provided in the plan set may have been necessary for other departmental reviews to provide flexible development approval. Construction plans shall be reviewed in more detail prior to receipt of the building permit. 11/27/2013 2 DRC_Comments "EQt .k E:tipmo Nnrr kND AFFmi.k mT Acnov EMPLOYER" Environmental Review Prior to issuance of Building Permit: 1. Removal or abandonment of fuel tanks require approvals from Pinellas County Health Department and /or Florida Department of Environmental Protection; copies of approvals will be required at the time of Building Permit Review. 2. An Asbestos Survey is usually required prior to conducting any demolition or renovations. Contact Pinellas County Air Quality (727/464 -4422) for more information. 3. Provide erosion control measures on plans sheet and provide notes detailing erosion control methods. General Note(s): 1. DRC review is a prerequisite for Building Permit Review; additional comments may be forthcoming upon submittal of a Building Permit Application. 2. Offsite discharge of produced groundwater from dewatering shall comply with dewatering guidelines from Florida Department of Environmental Protection (FDEP), F.A.C. 62- 621(2). 3. Additional permits from State agencies, such as the Southwest Florida Water Management District or Florida Department of Environmental Protection, may be required. Approval does not relieve the applicant from the requirements to obtain all other required permits and authorizations. 11/27/2013 3 DRC_Comments Ept.aL BrnLwNtEvr xvn -A,FFIILi1kTR'F.Arrlo<v ENtptoIEx " Fire Review 1) Show location of fire hydrant for fire fighting use. Must be within 300 feet of building as hose lays and on same side of street as building. ACKNOWLEDGE PRIOR TO C.D.B. 2) Plan shows the canopy. Must meet the requirements of NFPA -1, 2009 edition (Florida) Chapter 18 Fire Department Access and Water Supply 18.2.3.4.1.2 Fire department access roads shall have an unobstructed vertical clearance of not less than 13 ft 6 in. (4.1 m). Please note that the City of Clearwater Fire & Rescue has a vertical clearance of 14 feet and signage showing height shall be posted ACKNOWLEDGE PRIOR TO C.D.B. 3) Must meet the requirements of NFPA -1, 2009 edition (Florida) Chapter 18 Fire Department Access and Water Supply 18.2.3.4.6 Grade. 18.2.3.4.6.2 The angle of approach and departure for any means of fire department access road shall not exceed 1 ft drop in 20 ft (0.3 m drop in 6 m) or the design limitations of the fire apparatus of the fire department, and shall be subject to approval by the AHJ.ACKNOWLEDGE PRIOR TO C.D.B. 4) Provide and show on the plan minimum 30 foot turning radius for emergency vehicle ingress and egress at all entrance and exits. ACKNOWLEDGE PRIOR TO C.D.B. 5)Provide and show on the site plan 24 ft width at driveways / drive aisles for emergency vehicle ingress and egress for front and rear parking lots ACKNOWLEDGE PRIOR TO C.D.B. 6) Property Address Requirements, must meet the requirements of City of Clearwater Ordinance 4138 -86 and the Florida Fire Prevention Code all non- residential properties must have numbers at least 6 (six) inches in height on the street side it faces in contrasting colors. ACKNOWLEDGE PRIOR TO C.D.B. 7) This is a D.R.C.approval only. Other issues may develop and will be addressed at building permit stage. ACKNOWLEDGE PRIOR TO C.D.B. 11/27/2013 4 DRC Comments "EQUAL ENIPLOINI EtiT A-Nfi AfFIRNmT[VF, AmON Empwynu Land Resource Review Land Resource Review 1. Prior to CDB: Provide an accurate tree survey showing all existing trees. Specifically there are two oaks in the northwest comer of the property and three bottle brush trees along the north property line. Also trees within 25 feet of the property that may be impacted by the development/redevelopment must be addressed. 2. Prior to CDB: Provide a tree inventory conducted by an ISA Certified Arborist rating all trees on the site and any adjacent trees within 25 feet that may be impacted by development/redevelopment. The City of Clearwater uses a 0-6 scale for rating trees. I can email a summary on this scale if needed. 3. Prior to CDB: Provide a Tree preservation plan (TPP) clarifying how the existing trees will be retained and protected in a viable and healthy state during and after the construction /redevelopment. The TPP must be developed by a certified arborist. TPPs typically clarify the location of any root pruning, tree barricades, etc. Specifically the asphalt by the 19 inch oak on the east property line is lifting /cracking presumably from roots. Clarify if and how this will be resurfaced and how damage to the tree and its root system will be mitigated. In the TPP clarify any /all crown raising needed for the proposed dumpster location under the existing tree canopy. Any and all pruning must be done by an ISA certified arborist. 4. Prior to CDB: Revise the proposed landscape plan so that the proposed landscape material meets City standards. Specifically palms must have a minimum of 10 feet clear trunk, not 8 or 6. 5. Prior to CDB: Clarify the dimension of the proposed landscape island. It appears to be 17 feet in width and this would be more appropriate for a shade tree or more than one palm. Or the site plan could be better revised to have additional landscape are added to the southwest buffer along Gulf to Bay to give the existing oaks more room as well as provide more buffering. 6. Prior to CDB: Revise the landscape plan to clearly and accurately show property lines and sight visibility triangles. 11/27/2013 5 DRC Comments "EQr;..A ENTLoi mi T kvn AfFmiATIVE Ar, nov Emrtoyx° Planning Review Planning Review General Site Plan and Application Comments 1. Please provide all dimensions on site plan and /or plans that are to scale. 2. Please provide accurate existing tree survey prepared by ISA Certified Arborist. 3. Please provide more details regarding the proposed landscaping materials, number and location. 4. Please provide site signage package for one -way drive aisles and circulation through site. 5. Please provide the proposed materials used for the exterior of the building. 6. Please provide all required sight visibility triangles on the site and landscape plans. 7. Please describe how the dumpster enclosure will be consistent with the proposed building. 8. Section 1406.6.2 requires that drive4hru facilities for restaurants shall provide sufficient stacking distance to accommodate eight vehicles as measured from the first point of transaction; please provide information regarding how the proposed layout meets this requirement. General Applicability Criteria 9. Criterion One: Please be specific regarding the way in which the proposed use is in harmony with the character of adjacent properties. 10. Criterion Two: Describe how the proposed project is appropriate for the subject property and specifically how it will enhance the adjacent properties. 11. Criterion Three: Describe the specific ways in which the proposed development will not adversely affect the health and safety. 12. Criterion Four: Please provide specific information regarding the site layout, drive -thru stacking area and vehicular movements through the site reducing the potential traffic congestion. 13. Criterion Five: Please describe how the proposed use is consistent with community character. 14. Criterion Six: Describe the unique design of the site, specific hours of operation and how the new landscaping will minimize adverse effects of the proposed development. 11/27/2013 6 DRC_Comments °EQ ..AL E ipmyidtEN'f A,,m AFFwi.km'E ACn0N brnoiEe Planning Review Flexibility Criteria: Comprehensive Infill Redevelopment 15. Criterion One: The application provides that the development is practical without deviations from the use set forth in the zoning district. Perhaps the Applicant was intending to state that the development is impractical without deviations from the parameters set forth in the zoning district, otherwise there would be no need to submit FLD application. 16. Criterion Two: Please provide specific information regarding the consistency with the Comprehensive Plan and General Purpose of the Commercial Zoning District. 17. Criterion Three: Please describe how the development will not impede development of and improvement to surrounding properties. 18. Criterion Four: Describe how the surrounding properties will not be negatively impacted by the proposed development. 19. Criterion Five: Please provide specifics regarding anticipated number of jobs created by proposed development. 20. Criterion Six: While commentary regarding the proposed design of the building has been provided specifics regarding architectural elements being incorporated has not been addressed. Additionally, the Applicant is requesting reduced landscaping through the Comprehensive Landscaping Program and yet states that enhanced buffering will be provided as part of the proposed project. Flexibility Criteria: Comprehensive Landscaping Application 21. Criterion One: Architectural Theme; The submitted Landscaping Plan does not provide enough detail to show how the landscaping design is part of the architectural theme. 22. Criterion Two: Lighting; The submitted plan does not identify proposed site lighting. 23. Criterion Three: Community Character; Please provide specifics regarding how the proposed landscaping will enhance the community character. 24. Criterion Four: Property Values; Please provide specifics regarding the way in which the proposed landscaping will increase the property values. 25. Criterion Five: Special Area or Scenic Corridor Plan; Not Applicable. Stormwater Review 1. Additional conditions may be forth coming based on the responses to the above conditions or to new information not on hand at time of review 11/27/2013 7 DRC Comments TQi AL BNiPLnYwENT At \TD AFFIltM:1m AMON E"1010-YIP" Traffic Eng Review Prior to Community Development Board: 1. For the drive through, provide provide sufficient stacking distance to accommodate eight vehicles as measured from the first point of transaction. (Community Development Code Section 3 -1406 B.). Passenger vehicle length shall be 19' per AASHTO standards. 2. Provide typical parking dimensions for all regular and accessible parking stalls including drive aisle widths. 3. Please show pedestrian access from the front entrance of the building to the public sidewalk per Florida Building Code. Prior to Building Construction Permit: 1. Show 20' x 20' sight visibility triangles at the driveway. There shall be no objects in the sight triangle over the City's acceptable vertical height criteria at a level between 30 inches above grade and eight feet above grade. (City's Community Development Code, Section 3 -904). 2. Provide accessible parking stall and accessible sign details compliant with City standards. The details can be accessed through the City's web address below, please use Index No. 118 & 119. http: //www. myclearwater.com /gov /depts /pwa/engin /Production /stddet/index.as P 3. Please provide a copy of an approved right -of -way permit from FDOT for any work in the Gulf to Bay right -of -way prior to construction in the right -of- way. General Notes: 1. Applicant shall comply with the current Transportation Impact Fee Ordinance and fee schedule and paid prior to a Certificate of Occupancy (C.O.). The TIF amount for the new dunkin donuts is $13,251.67 2. DRC review is a prerequisite for Building Permit Review; additional comments may be forthcoming upon submittal of a Building Permit Application. 11/27/2013 8 DRC_Comments "EQUAL E'N1PL0YME`T .kNTD -Aff t1 i.km E Acno EdfPLoin" ���sP�� Ls 'Co v�-� r �nnF -r�s U K16GAdJ NI (- � CD V- \1 I �A AI 6 A 1, ts 0 m -.1 t x u f 1:116 'I- I x 0 (K) s 5 Al 01111S m 10 too (�t�0t� T� InrI,tJD�i�i, S � �LL�r'f LoVaf�. o l A1�� rI�G�S _36 0 W'G�� /"'0 c 6- 5a 4 LL o Planning &Development Department Clearwater Flexible Application Development A lication p 0 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 ';ALLY= A�PLCCABILE tEQUIREMENTS OF THE COMMUNITY DEVELOPMENT CODE. FIRE DEPT PRELIMARY SITE PLAN REVIEW FEE: $200 2013 s ry APPLICATION FEE: 1205 PROPERTY OWNER (PER DEED): MAILING ADDRESS: PHONE NUMBER: EMAIL: AGENT OR REPRESENTATIVE: MAILING ADDRESS: PHONE NUMBER: EMAIL: ADDRESS OF SUBJECT PROPERTY: PARCEL NUMBER(S): LEGAL DESCRIPTION: n VIM, fii�moll," 99 �Ohkz � • r. PROPOSED USE(S): DESCRIPTION OF REQUEST: Specifically identify the request (include oil requested code flexibility, e.g., reduction in required number of parking spaces, height setbacks, lot size, lot width, specific use, etc.): M fWA. t'k'v alz-�' 4AIr- Planning & Development Department, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727 -562 -4567; Fax: 727 -562 -4865 Page 1 of 8 Revised 01/12 1 S�, o Clearwater 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: 1.../ FUTURE LAND USE PLAN DESIGNATION: EXISTING USE (currently existing on site): 0 V�j(� PROPOSED USE (new use, if any; plus existing, if to remain): i� S �fA SITE AREA: ' sq. ft. —.41 acres GROSS FLOOR AREA (total square footage of all buildings): Existing: , 5 C sq. ft. Proposed: `,7 p . D D sq. ft. Maximum Allowable: 41. (9 0 sq. ft. 64A)GROSS FLOOR AREA (total square footage devoted to each use, if there will be multiple uses): First use: 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): I CD Existing: Proposed: / o Ll Maximum Allowable: 065 BUILDING COVERAGE /FOOTPRINT (1" floor square footage of all buildings): Existing: Z -':5 6 sq. ft. ( % of site) Proposed: (o • 010 sq. ft. ( �r�� 15 % of site) Maximum Permitted: ((i- , 00 sq. ft. ( 7 p 0O % of site) GREEN SPACE WITHIN VEHICULAR USE AREA (green space within the parking lot and interior of site; not perimeter buffer): Existing: (9 sq. ft. ( © % of site) Proposed: �% sq. ft. ( -j % of site) VEHICULAR USE AREA (parking spaces, drive aisles, loading area): Existing: ©- /sq. ft. ( % of site) Proposed: 5, 7sq• ft. ((,5, Z, % 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 i pe' .oy areys710 divided by the total square footage of entire site): Existing: 2 � — 3 CJ Proposed: I 7i`�j �p c�� 7' 0 7 Maximum Permitted: ! d 0 0 d° nO o` CN 4ENSITY (units, rooms or beds per acre): BUILDING HEIGHT: t // Existing: _ Existing: 5 - O Proposed: _ _ Proposed- Maximum Permitted: - Maximum Permitted: 2,5' Ole OFF - STREET PARKING: Existing: Proposed: Minimum Required: WHAT IS THE ESTIMATED TOTAL VALUE OF THE PROJECT UPON COMPLETION? -!-$ f / 000,00 ZONING DISTRICTS FOR ALL ADJACENT PROPERTY: cc North: �q` Nit L" VMS L, South: i/ ZI — C C.i( �i R East: O — I k 0 `'� 0d West: II 2P 7, — R ev I iN v AWr — (-- &S -;f IrO rd STATE OF FLORIDA, COUNTY OF PINELLAS I, the undersigned, acknowledge that all Sworn to and subscribed before me this S day of representations made in this application are true and �� 13 accurate to the best of my knowledge and authorize Y J1 �—! to me and /or by City repres tatives o v�Iation. nd photograph the who is ersonal y know as property d� /jbed i thi a produced as identification. er or representative Notary ptgblic, My commission expires: 40 .& Notary Public State of Florida t4 �� Cheryl F Nierengarten a . My Commission DD967548 11 �° Expires 05117/2014 Planning & Development Department, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727 -562 -4567; Fax: 727 - 562 -4865 Page 3 of 8 Revised 01/12 o Planning & Development Department Clearwater Flexible Development Application 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. K'-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. Iv "u If this application is being submitted for the purpose of a boatlift, catwalk, davit, dock, marina, pier, seawall or other similar 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 %rivate and commercial docks. W 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 of the same size shall be included with individual sheet numbers referenced thereon. North arrow, scale, location map and date prepared. 4 Identification of the boundaries of phases, if development is proposed to be constructed in phases. PA19T 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. .Ef Location and dimensions of vehicular and pedestrian circulation systems, both on -site and off -site, with proposed points of access. Q Location of all existing and proposed sidewalks, curbs, water lines, sanitary sewer lines, storm drains, fire hydrants and seawalls and any proposed utility easements. d 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. A Location of solid waste collection facilities,-required screening and provisions for accessibility for collection. PAC] Location of off - street loading area, if required by Section 3 -1406. { a D ! N( A 0' All adjacent right(s) -of -way, with indication of centerline and width, paved width, existing median cuts and intersections and bus shelters. 0_ Dimensions of existing and proposed lot lines, streets, drives, building lines, setbacks, structural overhangs and building separations. ed Building or structure elevation drawings that depict the proposed building height and building materials. Planning & Development Department, 100 S: Myrtle Avenue, Clearwater, FL 33756, Tel: 727 - 562 -4567; Fax: 727 - 562 -4865 Page 4 of 8 Revised 01/12 _A C'- Typical floor plans, including floor plans for each floor of any parking garage. 'Cl Demolition plan. t4r 0 Identification and description of watercourses, wetland`, —tree masses, specimen trees, and other environmentally sensitive areas. �*0 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. kr'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. tOA6— A tree inventory, prepared by a certified arborist, of all trees four inches DBH or more that reflects the size, canopy, and WE-0 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. 16 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. '6 Existing trees on -site and immediately adjacent to the site, by species, size and location, including drip line. 0 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 01/12 o Planning & Development Department Clearwater Flexible Development Application S- c( k , A 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. 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. wdlf mlul f 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. r1FPARVJWM�'L=N Jill, 11110, IPA q��Jw.' 4. The proposed development is designed to minimize traffic congestion. <w�2 P(Ni�(i opnr:w -r riw imt- S —Ct0::nnA r( & 5. R The proposed development is consistent with the community character of the immediate vicinity of the parcel proposed for development. two P l T ��2 (,o Y AAW The design of the proposed development minimizes adverse effects, including visual, acoustic and olfactory and hours of operation impacts, on adjacent properties. M c o os 15--rA N I Planning & Development Department, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727 - 562 -4567; Fax: 727 - 562 -4865 Page 6 of 8 Revised 01112 r 5 Clearwater 0 Planning & Development Department bFlexible Development Application 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 SEPA SHEETS AS NECESSARY). _._ �( p� ° D 2. 3. 4. 5. (AI --TR9 Y 111 ffliii��ii�iii MA =� ► • 7. WARM, Planning & Development Department, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727 -562 -4567; Fax: 727 - 562 -4865 Page 7 of 8 Revised 01112 �-LS > f/J II ti. Y o Planning & Development Department Clearwater Flexible pp Development Application p Affidavit to Authorize Agent /Representative 1. Provide names of all property owners on deed —PRINT full names: 2. That (I am /we are) the owner(s) and record title holder(s) of the following described property: 3. That this property constitutes the property for which a request for (describe request): 4. That the undersigned (has /have) appointed and (does /do) appoint: as (his /their) agent(s) to execute any petitions or other 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 (1 /we), the undersigned authority, hereby certify that the foregoing is true and correct. Property Owner Property Owner Property Owner Property Owner STATE OF FLORIDA, COUNTY OF PINELLAS BEFORE ME THE UNDERSIGNED, AN OFFICER DULY COMMISSIONED BY THE LAWS OF THE STATE OF FLORIDA, ON THIS DAY OF , PERSONALLY APPEARED WHO HAVING BEEN FIRST DULY SWORN DEPOSED AND SAYS THAT HE /SHE FULLY UNDERSTANDS THE CONTENTS OF THE AFFIDAVIT THAT HE /SHE SIGNED. Notary Public Signature Notary Seal /Stamp 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 October 30, 2013 I, Aaron Stuart, managing partner of CTS Holdings of Pinellas, LLC do authorized Steve Spencer to act as my authorized agent for the purpose obtaining permits and developing said property at 1840 Gulf to Bay, Clearwater, FL 34625. Aaron Stuart State of Florida County.of Pinellas On October 30, 2013, before me, Audrey Tate Fuson, personally appeared, Aaron Stuart, personally known to me WITNEq)S my hand and official ji, MY U OWA SON # DD93%87 EXPIM: November 21, 2013 Y Fl. Notu9 DiscoW AM Co. (notary signature) My Commission Expires: r! I Z=1 -1 1� NOV 0 1 2013 PI Q L.,_:. �5� erwater Planning & Dev elopment -..._ �a D�epai'tment +► U Comprehensive Landscaping Application IT IS INCUMBENT UPON THE APPLICANT TO SUBMIT COMPLETE AND CORRECT INFORMATION. ANY MISLEADING, DECEPTIVE, INCOMPLETE OR INCORRECT INFORMATION MAY INVALIDATE YOUR APPLICATION. ALL APPLICATIONS ARE TO BE FILLED OUT COMPLETELY AND CORRECTLY, AND SUBMITTED IN PERSON (NO FAX OR DELIVERIES) TO THE PLANNING & DEVELOPMENT DEPARTMENT BY NOON ON THE SCHEDULED DEADLINE DATE. A TOTAL OF 11 COMPLETE SETS OF PLANS AND APPLICATION MATERIALS (1 ORIGINAL AND 10 COPIES) AS REQUIRED WITHIN ARE TO BE SUBMITTED FOR REVIEW BY THE DEVELOPMENT REVIEW COMMITTEE. SUBSEQUENT SUBMITTAL FOR THE COMMUNITY DEVELOPMENT BOARD, IF NECESSARY, WILL REQUIRE 15 COMPLETE SETS OF PLANS AND APPLICATION MATERIALS (1 ORIGINAL AND 14 COPIES). PLANS AND APPLICATIONS ARE REQUIRED TO BE COLLATED, STAPLED AND FOLDED INTO SETS. THE APPLICANT, BY FILING THIS APPLICATION, AGREES TO COMPLY WITH ALL APPLICABLE REQUIREMENTS OF THE COMMUNITY DEVELOPMENT CODE. PROPERTY OWNER (PER DEED): MAILING ADDRESS: PHONE NUMBER: EMAIL: AGENT OR REPRESENTATIVE: MAILING ADDRESS: PHONE NUMBER: EMAIL: ADDRESS OF SUBJECT PROPERTY: DESCRIPTION OF REQUEST: 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.): � S � STATE OF FLORIDA, COUNTY OF PINELLAS 5+ I, the undersigned, acknowledge that all Sworn to and subscribed before me this day of representations made in this application are true and &y „� (.� a�r Q to me and /or by accurate to the best of my knowledge and authorize �� {�—'� City repr entativ It and photograph the who is ���as proper Drib in t a plication. produced as identification. ^ a „ , A , , or Notary' publi4, My commission expires: Cheryl F NWM sftn 848 Myc6m� -- Planning & Development Department, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727 - 562 -4567; Fax: 727 - 562 -4865 Page 1 of 2 Revised 01/12 Z5 s o� �4C earwater U Planning & Development Department Comprehensive Landscaping Application Flexibility Criteria PROVIDE COMPLETE RESPONSES TO EACH OF THE FIVE (5) FLEXIBILITY CRITERIA EXPLAINING HOW, IN DETAIL, THE CRITERION IS BEING COMPLIED WITH PER THIS COMPREHENSIVE LANDSCAPING PROPOSAL. 1. Architectural Theme: a. The landscaping in a Comprehensive Landscaping program shall be designed as a part of the architectural theme of the principal buildings proposed or developed on the parcel proposed for the development. OR b. The design, character, location and /or materials of the landscape treatment proposed in the Comprehensive Landscaping program . shall be demonstrably more attractive than landscaping otherwise permitted on the parcel proposed for development under the minimum landscape standards. 2. Lighting. Any lighting proposed as a part of a Comprehensive Landscaping program is automatically controlled so that the lighting is turned off when the business is closed. 3. Community Character. The landscape treatment proposed in the Comprehensive Landscape Program will enhance the community character of the City of Clearwater. 4. Property Values. The landscape treatment proposed in the Comprehensive Landscaping program will have a beneficial impact on the value of the property in the immediate vicinity of the parcel proposed for development. 5. Special Area or Scenic Corridor Plan. The landscape treatment proposed in the Comprehensive Landscape Program is consistent with any special area or scenic corridor plan which the City of Clearwater has prepared and adopted for the area in which the parcel proposed for development is located. 1 v 1G.?r Planning & Development Department, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727- 562 -4567; Fax: 727 -562 -4865 Page 2 of 2 Revised 01112 '�t ►�L � at Kim live I 1 10 GULF TO BAY BLVD FLD2013 -11041 CTS Holdings, LLC o� Zoning: Commercial Atlas #: 289A '� earwater� - - Deta hheiJDwe4lings ;�Juplexes.orAss IT IS INCUMBENT UPON THE APPLICANT TO SUBMIT COMPLETE AND CORRECT1NF INCOMPLETE OR INCORRECT INFORMATION MAY INVALIDATE YOUR APPLICATION. HY--- )evelopment Department _ ment Application atA — — essory�Use /Structures DECEPTIVE, 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 OR ARE TO BE SUBMITTED FOR REVIEW BY THE DEVELOPMENT REVIEW CbMf COMMUNITY DEVELOPMENT BOARD WILL REQUIRE 15 COMPLETE SETS OF PLAT AND 14 COPIES). PLANS AND APPLICATIONS ARE REQUIRED TO BE COLLATED, ST THE APPLICANT, BY FILING THIS APPLICATION, AGREES TO COMPLY WITH COMMUNITY DEVELOPMENT CODE. FIRE DEPT PRELIMARY SITE PLAN REVIEW FEE: $200 APPLICATION FEE: $300 PROPERTY OWNER (PER DEED): MAILING ADDRESS: PHONE NUMBER: EMAIL: AGENT OR REPRESENTATIVE: MAILING ADDRESS: PHONE NUMBER: EMAIL: ADDRESS OF SUBJECT PROPERTY: PARCEL NUMBER(S): LEGAL DESCRIPTION: tAt` NA D0 COPIES)'AS �tEQU1RE,� WITHIN FEE: LSSUBSEC.kUENT -SUBMITTAL' FOR THE }; L. -, 1ND'APPLICATION MATERIALS (1 6RIGiNAL ,EDANDdFOLDtD NTO!St'TS.: r"• "�/7, LLL APPLtCABLE•• REQU1REME bF THE a A li PROPOSED USE(S): ?-fj -S -f !�6"TC 0`'i DESCRIPTION OF REQUEST: 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.): Planning & Development Department, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727 - 562 -4567; Fax: 727 - 56211865 Page 1 of 7 Revised 01112 � .� e Planning & Development Department �awae Fl xi 1 D evelopment 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: a� L�4 FUTURE LAND USE PLAN DESIGNATION: C I (A- EXISTING USE (currently existing on site): I✓ ©� PROPOSED USE (new use, if any; plus existing, if to remain): SITE AREA: 1 "1 sq. ft. GROSS FLOOR AREA (total square footage of all buildings): Existing: l `l15.5Yj sq. ft. Proposed: C,C;l sq. ft. Maximum Allowable: . 66 sq. ft. GROSS FLOOR AREA (total square footage devoted to each use, if there will be multiple uses):CN A) First use: Second use: Third use: sq. ft. sq. ft. sq. ft. FLOOR AREA RATIO (total square foota a of all buildings divided by the total square footage of entire site): Existing:'y Proposed: 0019 Maximum Allowable: A !�? 5 BUILDING COVERAGE /FOOTPRINT (15` floor square footage of all buildin s): y Existing: q 6, 5;(p sq. ft. 4 d % of site) Proposed: (0 1 (�dri sq. ft. ( U L,-7_ % of site) Maximum Permitted: t d sq. % of site) GREEN SPACE WITHIN VEHICULAR USE AREA (green space within the parking lot and interior of site; not perimeter buffer): Existing: Q sq. ft. ( O % of site) Proposed: sq. ft. (-S % of site) VEHICULAR USE AREA (parking spaces, drive aisles, loading area): Existing: �jSq, ft. { _ % of site) Proposed: z, sq. ft. ( (02, j (p % of site) Planning & Development Department, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727 - 562 -4567; Fax: 727- 562 -4865 Page 2 of 7 Revised 01/12 IMPERVIOUS SURFACE RATIO (total square footage of impervious areas divided by the total square footage of entire site): Existing: 2, !'� ./ g J' ZJS 8V Proposed: 14, V90 , (p (O `7 -_2 Maximum Permitted: • 1 o DENSITY (units, rooms or beds per acre(o f� j Existing : / Proposed: Maximum Permitted: OFF - STREET PARKING: BUILDING HEIGHT: Existing: Proposed: Maxi 'um Permitted: t �b 15 r u Existing: Note: A parking demand study must be provided In conjunction with any request Proposed: ( to reduce the amount of required off - street parking spaces. Please see the Minimum Required: 14 adopted Parking Demand Study Guidelines for further information. WHAT IS THE ESTIMATED TOTAL VALUE OF THE PROJECT UPON COMPLETION? t$ �j, 01 00 ZONING DISTRICTS FOR ALL ADJACENT PROPERTY: North: South: East: West: STATE OF FLORIDA, COUNTY OF PINELLAS S-� I, the undersigned, acknowledge that all Sworn to and subscribed before me this day of representations made in this application are true and jn UV to me and /or by accurate to the best of my knowledge and authorize II --II City repres ntativesvisi nd photograph the who personally known as property re�s_�* edyin his p ation. produced as identification. representative C' My commission expires: Cheryl F Nierengarten f My Commission OD967US Planning & Development Department, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727 - 562 -4567; Fax: 727 - 562 -4865 Page 3 of 7 Revised 01112 o Planning & Development Department ,T� eamater Flexible Development A lication Site Plan Submittal Package Check list IN ADDITION TO THE COMPLETED FLEXIBLE DEVELOPMENT (FLD) APPLICATION, ALL FLD APPLICATIONS FOR A SINGLE - FAMILY DETACHED DWELLING, DUPLEX, OR ACCESSORY USE /STRUCTURE ASSOCIATED WITH EITHER A SINGLE- FAMILY DETACHED DWELLING OR DUPLEX SHALL INCLUDE A PLOT PLAN WITH THE FOLLOWING INFORMATION: Id/Responses to the General Applicability criteria as set forth in Section 3- 914.A. The attached Flexible Development Application / General Applicability Criteria sheet shall be used to provide these responses. f� 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. W/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. jam❑ 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. pp— If this application is being submitted for the purpose of a boatlift, catwalk, davit, dock, marina, pier, seawall or other similar 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. ftd A tree survey showing the location, DBH (diameter at breast height), and species on the parcel proposed for development with a DBH of four inches or more and identifying those trees proposed to be removed. ICJ A site plan with the following information: ;e-North arrow, scale, location map and date prepared. ❑ 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 ` ocation, setbacks and use of all existing and proposed building and structures. of all existing and proposed parking areas, sidewalks and driveways. Location, type of material and height of all existing and proposed fences. J, ( Location of all existing and proposed utilities, including water, sewer, gas, and stormwater. ld Location of all existing utility easements, including Official Records book and page numbers, and any proposed utility easements. it Building or structure elevation drawings that depict the proposed building height, building materials, and concealment of all mechanical equipment located on the roof. Planning & Development Department, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727 - 562 -4567; Fax: 727 - 562 -4865 Page 4 of 7 Revised 01/12 o Planning & Development Department IeAmater Flexible pp Development Application p 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. 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. 4& 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 adversely affect the health or safety or persons residing or working in the neighborhood of the proposed use. The proposed development is designed to minimize traffic congestion. S. The proposed development is consistent with the community character of the immediate vicinity of the parcel proposed for development. vt CA U14 V-e VAdw- 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 5 of 7 Revised 01112 LL o Planning & Development Department Y cle-amater Flexible PP Development Application p Flexibility Criteria PROVIDE COMPLETE RESPONSES TO THE APPLICABLE FLEXIBILITY CRITERIA FOR THE SPECIFIC USE(S) BEING REQUESTED AS SET FORTH IN THE ZONING DISTRICT(S) IN 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. 1=111KI11''I P, 111i MWO Mt, o. ! 2. 1 ,r _ ■ A ii ? 0 off CQ M11! 3. 4. �■ .li �� ■ �� r - �i z N- 0111"E' -11MM-1 Ram L�� An jr 20, 011.2. 0 r 1, 17.1 T rKME 21 Planning & Development Department, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727 - 562 -4557; Fax: 727 - 562 -4865 Page 6 of 7 Revised 01112 PLANNING & DEVELOPMENT CITY OF CLEARWATER POST OFFICE BOX 4748, CLEARWATER, FLORIDA 33758 -4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLEAvENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562 -4567 FAx (727) 562 -4865 October 23, 2014 Steve Spencer PO Box 306 Indian Rocks Beach, FL 33785 RE: Development Order - Case FLD2013 -11041 1840 Gulf to Bay Boulevard Time Extension Development Order Dear Mr. Spencer: On February 18, 2014, the Community Development Board (CDB) approved, subject to conditions, the above referenced Flexible Development application for a restaurant with a height of 24.67 feet, a front (south) setback of 33 feet (to building) and five feet (to parking), a front (east) setback of 38 feet (to building) and five feet (to parking), a side (north) setback of 52 feet (to building) and 18 feet (to parking), a side (west) setback of two feet (to dumpster enclosure) and zero feet (to parking) and 14 parking spaces (7.27 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.E. and to reduce the front (south) landscape buffer from 15 feet to five feet (to parking), reduce the front (east) landscape buffer from 15 feet to five feet (to parking), reduce the side (west) landscape buffer from five feet to zero feet, increase the side (north) landscape buffer from five feet to 18 feet and reduce the amount of required foundation plantings of the proposed building as part of a. Comprehensive Landscape Program under the provisions of CDC Section 3- 1202.G. Pursuant to Section 4 -407, CDC, the application for a building permit is required within one year of the date the CDB approved the request (by February 18, 2015). An extension of time to initiate a building permit may be granted by the community development coordinator provided it is for a period not to exceed one year, is for the project originally approved and provided good cause is shown and documented in writing within the original period of validity. On October 22, 2014, you submitted a request to the Community Development Coordinator to extend the deadline for the application for a building permit by one year (until February 18, 2016) due to the fact that negotiations with Jimmy Johns are on -going and the applicant does not want to lose the entitlements. s� "EQUAL EMPLOYMENT AND AFF kmT[vE ACTION EMPLOYER" October 23, 2014 Spencer — Page 2 In accordance Section 4 -407, CDC, I hereby APPROVE the requested one year time extension until February 18, 2016, in which to make an application for a building permit to construct those improvements originally approved by the CDB and subject to the same conditions of approval. If you have any questions, please do not hesitate to call Melissa Hauck - Baker, Planner II, at (727) 562 -4567, x -2855, or via email at melissa. hauck- baker@myclearwater.com. Respectfully, is D 1 , AICP Planning an Development Department Director LOFyE��i CITY OF CLEARWATER a. 4� POST OFFICE BOX 4748, CLEARWITER, FLORIDA 33758'4748 MUNICIPAL SERVICES BUHDING, 100 SOUTH MYRTLEAVENUE, CLEARWATER, FLORIDA 33 "756 - TELEPHONE (727) 562 -4567 FAX (727) 562 -4865 PLANNING & DEVELOPMENT February 25, 2014 Steve Spencer PO Box 306 Indian Rocks Beach, FL 33785 RE: Development Order - FLD2013 -11041 1840 Gulf to Bay Boulevard Dear Mr. Spencer: This letter constitutes a Development Order pursuant to Section 4- 206.D.6 of the Community Development Code. On February 18, 2014, the Community Development Board (CDB) reviewed your Flexible Development application to permit a restaurant with a height of 24.67 feet, a front (south) setback of 33 feet (to building) and five feet (to parking), a front (east) setback of 38 feet (to building) and five feet (to parking), a side (north) setback of 52 feet (to building) and 18 feet (to parking), a side (west) setback of two feet (to dumpster enclosure) and zero feet (to parking) and 14 parking spaces (7.27 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.E. and to reduce the front (south) landscape buffer from 15 feet to five feet (to parking), reduce the front (east) landscape buffer from 15 feet to five feet (to parking), reduce the side (west) landscape buffer from five feet to zero feet, increase the side (north) landscape buffer from five feet to 18 feet and reduce the amount of required foundation plantings of the proposed building as part of a Comprehensive Landscape Program under the provisions of CDC Section 3- 1202.G.. The CDB APPROVED the application with the following Findings of Fact, Conclusions of Law and Conditions of Approval: Findings of Fact The Planning and Development Department, having reviewed all evidence submitted by the applicant and requirements of the Community Development Code, finds that there is substantial competent evidence to support the following findings of fact: 1. That the 0.46 acre site is located at the northwest corner of Gulf to Bay Boulevard and South Pegasus 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; •«• "r., - r- 1, ...,..,..T A..,,, A,..,..... r........ .., 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 automobile service station with convenience store; - 6. The subject property is comprised of one parcel with approximately 135 feet of frontage along Gulf to Bay Boulevard and 150 feet of frontage along South Pegasus Avenue; 7. The proposal includes a front (south) setback of 33 feet (to building) and five feet (to parking), a front (east) setback of 38 feet (to building) and five feet (to parking), a side (north) setback of 10 feet (to dumpster enclosure) and 18 feet (to parking), a side (west) setback of two feet (to dumpster enclosure) and zero feet (to parking) and 14 parking spaces (7.27 spaces per 1,000 square feet of Gross Floor Area); 8. A front (south) landscape buffer of five feet (15 feet required), a front (east) landscape buffer of five foot (15 feet required), a side (north) landscape buffer of 18 feet (5 feet required) and a side (west) landscape buffer of zero feet (five feet required); 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 development proposal is consistent with applicable portions of the Comprehensive Plan including Future Land Use Plan Element Goal A.6, Objectives A.3.2 and A.6.4 and Policies A.2.2.3, A.3.2.1, A.5.5.1 and A.6.4.1; 3. That the development proposal is consistent with the general purpose, intent and basic planning objectives of the Community Development Code Sections 1- 103.B.1 — 3 and D; 4. That the development proposal is consistent with the Standards as per Table 2 -704 of the Community Development Code with regard to Comprehensive Infill Redevelopment Project; 5. That the development proposal is consistent with the Flexibility criteria as per Section 2- 704.E of the Community Development Code; 6. 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 7. That the development proposal is consistent with the Flexibility criteria for a Comprehensive Landscape Program CDC Section 3- 1202.G. Conditions of Approval: General /Miscellaneous Conditions 1. That the final design and color of the building be generally consistent with the elevations approved by the CDB; 2. That all signage be reviewed and approved pursuant to the City's sign ordinance and that the maximum square footage of any freestanding signs be limited to the minimum permitted by the CDC with regard to area, height and number without the opportunity to apply for a Comprehensive Sign Program; 3. That issuance of a development permit by the City of Clearwater does not in any way create any right on the part of an applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the City for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law; 4. That all other applicable local, state and /or federal permits be obtained before commencement of the development; Timing Conditions 5. That application for a building permit be submitted no later than February 1 -8, 2015, unless time extensions are granted pursuant to CDC Section 4 -407; 6. That prior to the issuance of any building permits, the Fire Department may require the provision of a Water Study performed by a Fire Protection Engineer in order to ensure that an adequate water supply is available and to determine if any upgrades are required by the developer due to the impact of the project. The water supply must be able to support the needs of any required fire sprinkler, standpipe and/or fire pump. If a fire pump is required, then the water supply must be able to supply 150 percent of its rated capacity; 7. That prior to the issuance of Certificate of Occupancy that all required Transportation Impact Fees be paid; 8. 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; 9. That prior to the issuance of any permits a final landscape plan which clearly shows all underground utilities on and adjacent to the site be submitted to and approved by Staff, 10. That prior to the issuance of any permits, any applicable Public Art and Design Program Impact Fees be paid; 11. That prior to the issuance of any permits, any applicable Parks and Recreation impact fees be paid; 12. That prior to the issuance of any permits all sub - standard sidewalks and sidewalk ramps adjacent to or a part of the project shall be shown on plans to be improved to meet the requirement of Local, State and/or Federal standards including ADA requirements (truncated domes per FDOT Index 4304); and 13. That prior to the issuance of any permit, all requirements of the General Engineering, Traffic Engineering and Fire Departments be addressed. Pursuant to CDC Section 4 -407, an application for a building permit or other approvals shall be made within one year of the date of Flexible Development approval (by February 18, 2015). All required certificates of occupancy shall be obtained within two years of the date of issuance of the initial building permit. The building permit must be obtained within six months of the initial permit application. This timeframe to obtain the initial building permit may be extended for an additional six months for cause by the Community Development Coordinator. Time frames do not change with successive owners. The Community Development Coordinator may grant an extension of time for the Flexible Development approval for a period not to exceed one year and only within the original period of validity. The issuance of this Development Order does not relieve you of the necessity to obtain any building permits or pay any impact fees that may be required. In order to facilitate the issuance of any permit or license affected by this approval, please bring a copy of this letter with you when applying for any permits or licenses that require this prior development approval. Additionally,- an appeal of a Level- -Two approval (Flexible Development) -may be- initiated pursuant to CDC Section 4- 502.B. If you have any questions, please do not hesitate to call Melissa Hauck - Baker, Planner II, at 727- 562 -4567 x2855 or via email at melissa. hauck- bakergmyclearwater.com. Sincerely, �ich' e elk, AICP Planning Director cc: CTS Holdings, LLC PLANNING & DEVELOPMENT CITY OF CLEARWATER POST OFFICE BOX 4748, CLEARWATER, FLORIDA 33758 -4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562 -4567 FAx (727) 562 -4865 February 25, 2014 Steve Spencer PO Box 306 Indian Rocks Beach, FL 33785 RE: Development Order - FLD2013 -11041 1840 Gulf to Bay Boulevard Dear Mr. Spencer: This letter constitutes a Development Order pursuant to Section 4- 206.D.6 of the Community Development Code. On February 18, 2014, the Community Development Board (CDB) reviewed your Flexible Development application to permit a restaurant with a height of 24.67 feet, a front (south) setback of 33 feet (to building) and five feet (to parking), a front (east) setback of 38 feet (to building) and five feet (to parking), a side (north) setback of 52 feet (to building) and 18 feet (to parking), a side (west) setback of two feet (to dumpster enclosure) and zero feet (to parking) and 14 parking spaces (7.27 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.E. and to reduce the front (south) landscape buffer from 15 feet to five feet (to parking), reduce the front (east) landscape buffer from 15 feet to five feet (to parking), reduce the side (west) landscape buffer from five feet to zero feet, increase the side (north) landscape buffer from five feet to 18 feet and reduce the amount of required foundation plantings of the proposed building as part of a Comprehensive Landscape Program under the provisions of CDC Section 3- 1202.G.. The CDB APPROVED the application with the following Findings of Fact, Conclusions of Law and Conditions of Approval: Findings of Fact The Planning and Development Department, having reviewed all evidence submitted by the applicant and requirements of the Community Development Code, finds that there is substantial competent evidence to support the following findings of fact: 1. That the 0.46 acre site is located at the northwest corner of Gulf to Bay Boulevard and South Pegasus 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; 5041 0'J "EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER" 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 automobile service station with convenience store; 6. The subject property is comprised of one parcel with approximately 135 feet of frontage along Gulf to Bay Boulevard and 150 feet of frontage along South Pegasus Avenue; 7. The proposal includes a front (south) setback of 33 feet (to building) and five feet (to parking), a front (east) setback of 38 feet (to building) and five feet (to parking), a side (north) setback of 10 feet (to dumpster enclosure) and 18 feet (to parking), a side (west) setback of two feet (to dumpster enclosure) and zero feet (to parking) and 14 parking spaces (7.27 spaces per 1,000 square feet of Gross Floor Area); 8. A front (south) landscape buffer of five feet (15 feet required), a front (east) landscape buffer of five foot (15 feet required), a side (north) landscape buffer of 18 feet (5 feet required) and a side (west) landscape buffer of zero feet (five feet required); 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 development proposal is consistent with applicable portions of the Comprehensive Plan including Future Land Use Plan Element Goal A.6, Objectives A.3.2 and A.6.4 and Policies A.2.2.3, A.3.2.1, A.5.5.1 and A.6.4.1; 3. That the development proposal is consistent with the general purpose, intent and basic planning objectives of the Community Development Code Sections 1- 103.B.1 — 3 and D; 4. That the development proposal is consistent with the Standards as per Table 2 -704 of the Community Development Code with regard to Comprehensive Infill Redevelopment Project; 5. That the development proposal is consistent with the Flexibility criteria as per Section 2- 704.E of the Community Development Code; 6. 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 7. That the development proposal is consistent with the Flexibility criteria for a Comprehensive Landscape Program CDC Section 3- 1202.G. Conditions of Approval: General /Miscellaneous Conditions 1. That the final design and color of the building be generally consistent with the elevations approved by the CDB; 2. That all signage be reviewed and approved pursuant to the City's sign ordinance and that the maximum square footage of any freestanding signs be limited to the minimum permitted by the CDC with regard to area, height and number without the opportunity to apply for a Comprehensive Sign Program; 3. That issuance of a development permit by the City of Clearwater does not in any way create any right on the part of an applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the City for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law; 4. That all other applicable local, state and/or federal permits be obtained before commencement of the development; Timing Conditions 5. That application for a building permit be submitted no later than February 18, 2015, unless time extensions are granted pursuant to CDC Section 4 -407; 6. That prior to the issuance of any building permits, the Fire Department may require the provision of a Water Study performed by a Fire Protection Engineer in order to ensure that an adequate water supply is available and to determine if any upgrades are required by the developer due to the impact of the project. The water supply must be able to support the needs of any required fire sprinkler, standpipe and/or fire pump. If a fire pump is required, then the water supply must be able to supply 150 percent of its rated capacity; 7. That prior to the issuance of Certificate of Occupancy that all required Transportation Impact Fees be paid; 8. 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; 9. That prior to the issuance of any permits a final landscape plan which clearly shows all underground utilities on and adjacent to the site be submitted to and approved by Staff; 10. That prior to the issuance of any permits, any applicable Public Art and Design Program Impact Fees be paid; 11. That prior to the issuance of any permits, any applicable Parks and Recreation impact fees be paid; 12. That prior to the issuance of any permits all sub - standard sidewalks and sidewalk ramps adjacent to or a part of the project shall be shown on plans to be improved to meet the requirement of Local, State and /or Federal standards including ADA requirements (truncated domes per FDOT Index #304); and 13. That prior to the issuance of any permit, all requirements of the General Engineering, Traffic Engineering and Fire Departments be addressed. Pursuant to CDC Section 4 -407, an application for a building permit or other approvals shall be made within one year of the date of Flexible Development approval (by February 18, 2015). All required certificates of occupancy shall be obtained within two years of the date of issuance of the initial building permit. The building permit must be obtained within six months of the initial permit application. This timeframe to obtain the initial building permit may be extended for an additional six months for cause by the Community Development Coordinator. Time frames do not change with successive owners. The Community Development Coordinator may grant an extension of time for the Flexible Development approval for a period not to exceed one year and only within the original period of validity. The issuance of this Development Order does not relieve you of the necessity to obtain any building permits or pay any impact fees that may be required. In order to facilitate the issuance of any permit or license affected by this approval, please bring a copy of this letter with you when applying for any permits or licenses that require this prior development approval. Additionally, an appeal of a Level Two approval (FlexiblE: Development) may be initiated pursuant to CDC Section 4- 502.B. If you have any questions, please do not hesitate to call Melissa Hauck - Baker, Planner II, at 727- 562 -4567 x2855 or via email at melissa. hauck- bakergmyclearwater.com. SincerelyAichel elk, AICP Planning Director cc: CTS Holdings, LLC I U_ °Clearwater CONSENT AGENDA COMMUNITY DEVELOPMENT BOARD Date: Tuesday, February 18, 2014 Time: 1:00 p.m. Place: 112 South Osceola Street, 3`d Floor, Clearwater, Florida, 33756 (City Hall Council Chambers) February 18, 2014 Welcome the City of Clearwater Community Development Board (CDB) meeting. The City strongly supports and fully complies with the Americans with Disabilities Act (ADA). Please advise us at least 72 hours prior to the meeting if you require special accommodations. Assisted listening devices are available. An oath will be administered swearing in all participants in public hearing cases. If you wish to speak please wait to be recognized, then state and spell your name and provide your address. Persons speaking before the CDB shall be limited to three minutes unless an individual is representing a group in which case the Chairperson may authorize a reasonable amount of time up to 10 minutes. Kindly refrain from conducting private conversations, using beepers, cellular telephones, etc. as they are distracting during the meeting. II Florida Statue 286.0105 states: Any person appealing a decision of this Board must have a II __________ _ record of the proceedings_ to _support such appeal,_ Community __Development_Code_Section_4 -_ zue -- requires tnat any- person seexmg to: personally tesnty, present evidence, argument and witness, cross - examine witnesses, appeal the decision and speak on reconsideration requests should request party status during the case discussion. Party status entitles parties to: personally testify, present evidence, argument and witnesses cross - examine witnesses, appeal the decision and speak on reconsideration requests. If you have questions or concerns about a case, please contact the staff presenter from the Planning and Development Department listed at the end of each agenda item at 727 -562 -4567. ww,A,.mvcleai-water.colu/gov/depts/Tlaiu-iinf4 Community Development Board Agenda — February 18, 2014 -- Page 1 of 4 A. CALL TO ORDER, INVOCATION, PLEDGE OF ALLEGIANCE B. ROLL CALL: Chair Coates, Vice Chair Dame, Members Adelson, Barker, Carlough, Hinrichs, van Weezel, Alternate Member Funk, City Staff C. APPROVAL OF MINUTES OF PREVIOUS MEETING: January 21, 2014 D. CITIZENS TO.BE HEARD RE: ITEMS NOT HEARD ON AGENDA E. CONSENT AGENDA: The following cases are not contested by the applicant, staff, neighboring property owners, etc. and will be approved by a single vote at the beginning of the meeting (Items 1 -4) 1. Case: FLD2013 -12045 — 802 North Fort Harrison Avenue Level Two Application (along with 806 North Osceola Avenue and 805 North Fort Harrison Avenue). Owner /Applicant: SCI Funeral Service FLA, Inc., Clearwater Bay Marina, LLC and Tawni C. Allen and Fred Kent Allen (deceased) Agent/Representative: Paul Bouldin; Harbor Bluff Retirement, Inc. (4030 Boy Scout Boulevard Suite 850, Tampa, FL 33607; (813) 387 -4747; email: Paul .bouldin@marcusmillichap.com) Location: 2.114 acres constituting six parcels generally located on the block bound by Nicholson Street (north), Seminole Street (south), North Osceola Avenue (west) and North Fort Harrison Avenue (east) Atlas Page: 277B Zoning: Downtown (D) District Request: Flexible Development application to permit 153 dwelling units including one existing single- family (to remain) and 152 attached dwelling units (including 48 dwelling units from the Public Amenities Incentive Pool) with a height of 43 feet as treasured from mean grade to the top of the roof structure with an additional nine feet to top of highest roof -top architectural detail /mechanical equipment screening (52 feet total), 134 parking spaces (including 10 handicap spaces) (0.88 parking space per dwelling unit) in the Downtown (D) District as a Comprehensive Infill Redevelopment Project, under the provisions of Community Development Code (CDC) Section 2- 903.D. Proposed Use: 153 dwelling units; Attached Dwellings (152 units); One existing single - family dwelling to remain Neighborhood Associations: Clearwater Neighborhood Coalition; Old Clearwater Bay Neighborhood Association Presenter: Mark T. Parry, AICP, Planner III Community Development Board Agenda — February 18, 2014 — Page 2 of 4 2. Case: FLD2013 -09033 — 141 1 Gulf to Bay Boulevard Level Two Application Owner: Gilbert Jannelli Agent/Representative: Randy Marks (1201 Fairway Ave. South, St. Petersburg, FL 33705; (727) 204 -2328; email: randall.marks.arch@pmail.com) Location: 0.70 acre property is located on the east side of South H?llcrest Avenue at the intersection. of South Hillcrest Avenue and Pierce Street Atlas Page: 288A Zoning: Commercial (C) District; Medium Density Residential (MDR) District Request: Flexible .Development approval to allow a non- residential off - street parking lot in the Medium Density Residential (MDR) District with a front (west) setback of 10 feet (to pavement) and 13 non - residential off - street parking spaces as a Residential Infill Project pursuant to Section 2- 204.E. as well as a reduction to the width of the south perimeter landscape buffer from ten feet to 6.1 feet; a reduction to the width dimension of one interior landscape island from eight feet curb to curb to 3.1 feet curb to curb as a Comprehensive Landscape Program pursuant to Section 3- 1402.G. Proposed Use: Non - residential parking Neighborhood Associations: Clearwater Neighborhood Coalition; East Gateway Business and Neighbors Association Presenter: Kevin W. Nurnberger, Planner III 3. Case: FLD2013- 12046/PLT2013 -12002 — 27001 US Highway 19 N Level Two Application Owner: JC Penney Properties, Inc. Agent/Representative: Chip Ashley, CEI Engineering (3108 SW Regency Parkway, Suite 2, Bentonville, AR 72712; (479) 273 -9476; email: cashley_@ceieng com) Location: 3.5 -acre property is located on the north side of Countryside Boulevard approximately 219 feet west of the Countryside Boulevard and Windwood intersection Atlas Page: 221 B Zoning: Commercial (C) District Request: Flexible Development application for (1) Termination of Status of Nonconformity for a Vehicle Service, Major use under the provisions of CDC Section 6 -109; (2) A Preliminary Plat for a Vehicle Service, Major use (2610 Countryside Boulevard) under the provisions of Article 4, Division 7, CDC. Proposed Use: Vehicle Service Major Neighborhood Associations: Clearwater Neighborhood Coalition Presenter: Kevin W. Nurnberger, Planner III Community Development Board Agenda — February 18, 2014 — Page 3 of 4 4. Case: FLD2013 -11041 — 1840 Gulf to Bay Boulevard Level Two Application Owner /Applicant: CTS Holdings, LLC Agent/Representative: Steve Spencer (PO Box 306, Indian Rocks Beach, FL 33785; (727)504 -1175; email: SJS@spencerarch.com) Location: 0.46 acres at the northwest corner of the intersection of Gulf to Bay Boulevard and Pegasus Avenue Atlas Page: 289A Zoning: Commercial (C) District Request: Flexible Development application to permit a restaurant with a height of 24.67 feet, a front (south) setback of 33 feet (to building) and five feet (to parking), a front (east) setback of 38 feet (to building) and five feet (to parking), a side (north) setback of 52 feet (to building) and 18 feet (to parking), a side (west) setback of two feet (to dumpster enclosure) and zero feet (to parking) and 14 parking spaces (7.27 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.E. and to reduce the front (south) landscape buffer from 15 feet to five feet (to parking), reduce the front (east) landscape buffer from 15 feet to five feet (to parking), reduce the side (west) landscape buffer from five feet to zero feet, increase the side (north) landscape buffer from five feet to 18 feet and reduce the amount of required foundation plantings of the proposed building as part of a Comprehensive Landscape Program under the provisions of CDC Section 3- 1202.G. Proposed Use: Restaurant Neighborhood Associations: Clearwater Neighborhood Coalition; Skycrest Neighborhood Association Presenter: Melissa Baker, Planner II F. ADJOURNMENT Community Development Board Agenda — February 18, 2014 — Page 4 of 4 Clear�c�ater COMMUNITY DEVELOPMENT BOARD w�- PLANNING AND DEVELOPMENT DEPARTMENT STAFF REPORT 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......... February 18, 2014 E.1. FLD2013 -11041 Flexible Development application to permit a restaurant with a height of 24.67 feet, a front (south) setback of 33 feet (to building) and five feet (to parking), a front (east) setback of 38 feet (to building) and five feet (to parking), a side (north) setback of 52 feet (to building) and 18 feet (to parking), a side (west) setback of two feet (to dumpster enclosure) and zero feet (to parking) and 14 parking spaces (7.27 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.E. and to reduce the front (south) landscape buffer from 15 feet to five feet (to parking), reduce the front (east) landscape buffer from 15 feet to five feet (to parking), reduce the side (west) landscape buffer from five feet to zero feet, increase the side (north) landscape buffer from five feet to 18 feet and reduce the amount of required foundation plantings of the proposed building as part of a Comprehensive Landscape Program under the rp ovisions of CDC Section 3- 1202.G. Steve Spencer CTS Holdings, LLC 1840 Gulf to Bay Boulevard; northwest corner of Gulf to Bay Blvd. and S. Pegasus Avenue 0.46 acres Commercial /General (C /G) Commercial (C) District None Commercial (C) District Commercial (C) District Commercial (C) District Commercial (C) District Automobile Service Station (vacant) Restaurant � � �rGULFJJ- �,IYdL'lD n f r T L _ vleal eater Level II Flexible Development Application Review ANALYSIS Site Location and Existing Conditions The 0.46 acre site is located at the northwest corner of Gulf to Bay Boulevard and South Pegasus Avenue, with approximately 135 feet of frontage along Gulf to Bay Boulevard and approximately 150 feet of frontage along South Pegasus Avenue. The site is accessed via existing driveway ingress /egress along Gulf to Bay Boulevard and South Pegasus Avenue. The parcel contains a single - story, former convenience store building with the fuel island canopy covering the former gas pump area and the existing building. The building is located in the middle of the lot and directly adjacent the driveway entrance off of Gulf to Bay Boulevard. The site features existing vehicular circulation from the driveways around the building and through the former gas pump area and back out to the driveways. While the site is predominately impervious surfaced with a combination of concrete and asphalt, there is only one designated handicap parking space. The existing trash enclosure is located on the northwest corner of the property directly adjacent the existing drainage swale. The subject property is located within the Commercial (C) District where 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 variety of non - residential uses including a Taco Bell fast food restaurant to the west, a McDonald's fast food restaurant across Pegasus to the east, a veterinarian office to the north and an Amscot facility as well as vacant land across Gulf to Bay Boulevard to the south. The PLANNING & DEVELOPMENT DEVELOPMENT REVIEW DIVISION u I — - L- u CLEVELAND ST I— a o K I� » 1, a W I& LLLJJJ / JN I o 0 RAINBOW Imo) �a � t NIO�ECT i I _ DuLF- F_ ear Biw GULF-TO-BAY eLw Jul TURNER BY ,SSaI LOCATION MAP RAINBOW CR �HDR M GULFMRAr BLW Is 8 i ZONING MAP s GUI TO -BAY BLVD rR �El BLEMAT d aJ s� USE EXISTING SURROUNDING USES MAP Community Development Board February 18, 2014 FLD2013 -11041 —Page 1 of 18 c _ a 0 s RAINBOW D DR at M. — U -2 0 F FA e a �. O 1 ! a r N (D GUI TO -BAY BLVD rR �El BLEMAT d aJ s� USE EXISTING SURROUNDING USES MAP Community Development Board February 18, 2014 FLD2013 -11041 —Page 1 of 18 Clearwater Level II Flexible Development Application Review PLANNING & DEVELOPMENT DEVELOPMENT REVIEW DMSION neighborhood surrounding the subject property is completely contained within the Commercial (C) District with 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. Site History In May of 1961 the Tenneco Oil Company received approval from the City of Clearwater to construct a gasoline service station which featured a mid - century modern designed service station with ample windows, flat cantilevered roof lines and an open floor plan. The strong vertical and horizontal lines of the building combined with the exterior glass and stone fagade captured the architectural style which had the intention of opening up interior spaces and bringing the outdoors in. fles� c5 ►1 S K�TGN __ , E yKE 57 WT is 14 TYpt Sketch from Tenneco Oil Company approved plan set, May 10, 1961. The structure was demolished and reconstructed as a Texaco gas station with a convenience store and canopy. The current day vacant structure was most recently operated as a Mobil gas station which was established in 2004. The former underground storage tanks were removed in June of 2013 and the business tax receipt expired on July 16, 2013. Architectural rendering for the proposed restaurant, south fagade. Development Proposal The existing 928 square foot, single -story building will be renovated and a 998 square foot addition will be added resulting in the proposed 1,926 square foot restaurant in roughly the same Community Development Board February 18, 2014 FLD2013 -11041 — Page 2 of 18 Cleo ate Level II Flexible Development Application Review PLANNING & DEVELOPMENT DEVELOPMENT REVIEW DIVISION orientation as the existing, vacant convenience store. Eleven parking spaces will be located along the east side of the site and the two -way driveway will be maintained along Gulf to Bay Boulevard and Pegasus Avenue. The existing islands will be reconfigured with vehicular circulation occurring only on the eastern side of each island. The drive -thru window will be located along the western side of the building, under the existing canopy. The drive -thru pattern will create a circular vehicular circulation pattern around the building from the menu board in the rear, under the canopy to the pick -up window and leaving the site either via one of the two driveways. The existing canopy will be modified with new column finishes and roof mounted signage is proposed as part of the incorporation of the canopy into the new design. It shall be noted that signage is not part of the review at this time and the Applicant is aware that signage will be handled under separate submittal. While landscaping is proposed as part of the project, the existing buffer widths on the subject property, do not meet the provisions of Article 3, Division 12, CDC, and the Applicant has submitted a Comprehensive Landscaping Application as part of the submittal. The proposed buffer along the Gulf to Bay Boulevard frontage will be 5 feet where 15 feet is required, a 5 foot buffer along the Pegasus Avenue frontage where 15 feet is required, an 18 foot buffer along the north property line where 5 feet is required and a zero foot buffer along the western property line where 5 feet is required. The existing configuration of the public right -of -way along the street frontages results in additional open space including the sidewalk and landscaping. The area provides a total of 12 feet from edge of pavement to proposed parking lot along Gulf to Bay and 18 feet along Pegasus. Additionally, the drainage area along the rear property line provides for an additional 15 feet of open space to the proposed landscaped buffer. Special Area Plan None Comprehensive Plan The proposal is in support of the following Goals, Objectives and/or Policies of the City's Comprehensive Plan as follows: Future Land Use Plan Element Policy A.2.2.3 Commercial land uses shall be located at the intersection of arterial or collector streets and should be sited in such a way as to minimize the intrusion of off -site impacts into residential neighborhoods. New plats and site plans shall discourage the creation of "strip commercial" zones by insuring that adequate lot depths are maintained and by zoning for commercial development at major intersections. The proposal includes a commercial use located at the intersection of an arterial street and is designed to minimize any impacts to the residential neighborhood to the north by utilizing the existing driveway openings and site circulation pattern designed to encourage vehicular traffic to access the site directly from Gulf to Bay or from Pegasus Avenue. 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 Community Development Board February 18, 2014 FLD2013 -11041 — Page 3 of 18 '• V�1.L11 1'�atff Level II Flexible Development Application Review PLANNING TDEVELOPMENT DEVELOPMENT REVIEW DIVISION Code in order to promote the preservation of existing tree canopies, the expansion of that canopy, and the overall quality of development within the City; and Policy A. 3.2.1 All new development or redevelopment of property within the City of Clearwater shall meet all landscape requirements of the Community Development Code. Gulf to Bay Boulevard is designated as a Primary Scenic Corridor within Section 3 -1203 of the CDC and within the Future Land Use Element (FLUE) of the City's Comprehensive Plan. Primary scenic corridors are those roadways expected to have enhanced landscape standards applied to properties along them. Furthermore, Gulf to Bay Boulevard is specifically listed as a "Corridor to Redevelop" within the Linkages section of the FLUE of the Comprehensive Plan. The applicant has submitted a Comprehensive Landscaping Application and while responses to the criteria were provided, the applicant did not specifically address the issue of enhanced landscaping along Gulf to Bay Boulevard. Policy A.5.5.1 Development should be designed to maintain and support the existing or envisioned character of the neighborhood. The proposal provides for a use permitted as a minimum standard development within the C District and a site design generally consistent with other development in the area along Gulf to Bay Boulevard. The development within the vicinity of the subject parcel is predominantly commercial uses with drive -thru facilities. As Gulf to Bay Boulevard is one of the City's main vehicular routes, it has been designed to accommodate vehicular traffic and is an area intended for commercial development. The proposed project will provide upgrades to the existing vacant site and provide for an active desirable use within a commercial area. 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.64 — Due to the built -out character of the city of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code; and Policy A. 6 4.1 - The development or redevelopment of small parcels [less than one (1) acre] which are currently receiving an adequate level of service shall be specifically encouraged by administration of land development and concurrency management regulatory systems as a method of promoting urban infill. The subject property is a former Mobil gasoline service station which has been vacant for the better part of a year and the gasoline storage tanks were removed in June of 2013. The property has been the subject of recent Code compliance issues with the City with respect to debris on -site which have been rectified. The re -use and redevelopment of the site into a use similar to the previous service station is not possible at this point in time. The property has sat vacant and available with no other viable re -use proposals or redevelopment options being submitted to the City. Due to its relatively narrow depth, the site is challenging to redevelop and the current proposal includes the rehabilitation and renovation of the existing structure and canopy into a restaurant with a drive - through lane. The continuation of the existing building and canopy with significant improvements and with an updated and improved site plan including landscaping is Community Development Board February 18, 2014 FLD2013 -11041 —Page 4 of 18 Level II Flexible Development Application Review PLANNING & DEVELOPMENT DEVELOPMENT REVIEW DIVISION an appropriate reuse of the site. This is the sort of project envisioned as an appropriate recipient of flexibility from the minimum development parameters as provided by the above Goal, Objective and Policy with regard to the size of the site (less than one acre), its location within the urban service area and an attractive, compact redevelopment plan. Therefore, the proposal supports this Goal, Objective and Policy. Community Development Code The proposal supports the general purpose, intent and basic planning objectives of the CDC as follows: Section 1- 103.B.1. Allowing property owners to enhance the value of their property through innovative and creative redevelopment. The location and shape of the parcel is similar to other parcels in the area, however, the size is slightly smaller than the majority of the parcels fronting along Gulf to Bay Boulevard. 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. As the proposed development will take place on a previously developed site, there are challenges with respect to landscaping buffers, building setback and configuration. The previous use of a gasoline service station provides a greater negative impact to the environment than the proposed 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. Surrounding properties to the subject property include a variety of commercial and non- residential uses consistent with the Commercial District and the redevelopment of the vacant, former gasoline service station into a viable restaurant use will enhance the immediate area. Uses to the east and west include fast -food restaurants, offices and retail sales and service. Clearwater High School is located farther to the southeast 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 current and previous condition of the site. It is likely that surrounding properties will have their values enhanced. The proposal is consistent with the level of design (both site and building) as applied to surrounding area properties and others throughout the City. It is anticipated that the proposal will result in a positive impact on those surrounding properties. Therefore, the proposal supports this Code section. Section 1 -103. B. 3. Strengthening the city's economy and increasing its tax base as a whole. The proposal includes the redevelopment of an existing, vacant gasoline service station and convenience store with a new fast -food restaurant with a drive -thru. 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. While the proposal is expected to have no net increase in the tax base as a whole, the overall result will be the renovation of a vacant building and dilapidated canopy structure through construction of a modified attractive building and the provision of landscaping in combination with site improvements which will support the intent of the 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 Community Development Board February 18, 2014 FLD2013 -11041 —Page 5 of 18 Level II Flexible Development Application Review PLANNING & DEVELOPMENT D_E_ VELOPMENT REVIEW DIVISION 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 adds to the enhancement of surrounding properties. Therefore, the proposal supports this Code section. Section 1 -103. D. It is the further purpose of this Development Code to make the beautification of the city a matter of the highest priority and to require that existing and future uses and structures in the city are attractive and well - maintained to the maximum extent permitted by law. The proposal includes a new fast -food restaurant with landscape buffers or portions thereof that are consistent with or slightly modified from the otherwise minimum required width and configuration. The applicant has demonstrated that the proposed building and site plan are more attractive than what is currently on the site. 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. While a specific Corridor Plan has not been adopted for the Gulf to Bay corridor, the intent is clear in that properties along a designated Scenic Corridors are expected to provide enhanced site landscaping. Section 2 -701 Intent of the C District and CG FLUP classification The CDC provides that it is the intent of the Commercial (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 (FLUP) 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 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. Section 2.3.3.5.4 of the Countywide Land Use Rules provides that the purpose of the Commercial General (CG) FLUP classification is to depict those areas of the county that are now developed, or appropriate to be 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 office; personal service /office support; retail commercial; commercial/business service; transient accommodation; wholesale /distribution; and storage /warehouse. The proposed restaurant with drive -thru is consistent with the permitted primary uses of the CG FLUP. Development Parameters Community Development Board February 18, 2014 FLD2013 -11041 —Page 6 of 18 II Flexible Development Application Review PLANNING & DEVELOPMENT DEVELOPMENT REVIEW DIVISION Floor Area Ratio (FARE: 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 0.10, which is consistent with Code provisions. Impervious Surface Ratio (ISR Pursuant to CDC Section 2- 701.1, the maximum allowable ISR is 0.90. The existing ISR is 0.84 and the proposed project will reduce that to an ISR of 0.74, 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 for a restaurant is a minimum of 10,000 square feet and 100 feet, respectively. The lot area is 20,283 square feet and the lot width is 135 feet which meet the Code requirements. 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, restaurant use, are 25 and 10 feet, respectively. Rear setbacks do not apply to the subject site as it is a corner lot with two front and two side setbacks under the provisions of Section 3- 903.D., CDC. The proposal includes front (south and east) setbacks to the building of 33 and 38 feet, respectively. The proposed side (north and west) setbacks to building are 52 and 54 feet, respectively and to dumpster enclosure the setback will be two feet (west) and 10 feet (north). Setbacks to parking are 15 feet from the front property line (south and east) and are otherwise based upon the required landscape buffer which is five feet for the north and west sides of the property. The proposed setback to parking or other like vehicular use areas along the front (south and east) are proposed to five feet and along the side (north and west) setbacks, 18 feet and zero feet, respectively. The proposal does not meet the minimum standards for landscaping buffers to parking or other like vehicular use areas and the applicant has included a Comprehensive Landscaping Application as part of the submittal. Maximum Building Heim Pursuant to CDC Table 2 -704, there is no maximum height for a Comprehensive Infill Redevelopment Project. However, for a point of comparison, pursuant to the aforementioned CDC Table 2 -702, the maximum allowable height for restaurant uses is 25 feet. The proposed building height of 24.67 feet is less than the maximum permitted height and is therefore consistent with the CDC. Minimum Off Street Parking: Pursuant to CDC Table 2 -704, the minimum off - street parking requirement, pursuant to CDC Table 2 -702, for restaurants is 7 -12 parking spaces per 1,000 square feet of gross floor area. This results in a requirement of 14 -23 parking spaces for a 1,926 square foot restaurant. The proposal provides 14 parking spaces or 7.3 spaces per 1,000 square feet of gross floor area. The applicant Community Development Board February 18, 2014 FLD2013 -11041 — Page 7 of 18 I` u; Level II Flexible Development Application Review PLANNING & DEVELOPMENT DEVELOPMENT REVIEW DIVISION has provided a Parking Demand Study (prepared by Gulf Coast Consulting) that found that a maximum of ten off - street parking spaces were occupied during any hour of the study period (weekday, lam -loam) at the comparable quick - service restaurant. As such, the parking demands for a quick - service restaurant with a drive -thru land are easily satisfied with the proposed 14 off - street parking spaces. A copy of the Study has been provided to the Board for their review. Mechanical Equipment: Pursuant to CDC Section 3- 201.D.1, all outside mechanical equipment must be screened so as not to be visible from public streets and/or abutting properties. The Applicant has not requested relief from this section and therefore approval of the proposed project shall be conditional upon the required screening of any proposed mechanical equipment. Additionally, this requirement was reviewed with the Applicant during the DRC meeting and the Applicant has responded that the project will comply. Sight Visibility Triangles: Pursuant to CDC Section 3- 904.A, no structures or landscaping may be installed which will obstruct views at a level between 30 inches above grade and eight feet above grade within 20- foot sight visibility triangles. This proposal has been reviewed by the City's Traffic Engineering Department and been found to be acceptable. Landscaping planted within the sight visibility triangles will need to be maintained to meet the Code requirements. This requirement was reviewed with the Applicant during the DRC meeting and the Applicant has responded that the project will comply. Utilities: Pursuant to CDC Section 3 -912, for development that does not involve a subdivision, all utilities including individual distribution lines must be installed underground unless such undergrounding is not practicable. All utilities which serve the site are currently underground. Additionally, this requirement was reviewed with the Applicant during the DRC meeting and the Applicant has responded that the project will comply. Landscaping_ Pursuant to CDC Section 3- 1202.1), required perimeter buffers are based on adjacent uses and/or street types. The required landscape buffers are 15 feet (south — arterial street), 10 feet (east — local street), and five feet (north, east — non - residential). In addition, Section 3- 1202.E., CDC, 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 12,145 square feet requiring 1,214 square feet of interior landscaped area. Section 3- 1202.E., CDC, requires that all facades facing a street must include a foundation planting area of at least five feet of depth along the entire facade excluding areas necessary for ingress /egress. This proposal provides buffer widths along the south (five feet), east (five feet), and west (zero feet) which do not meet the requirements of Section 3- 1202.D., CDC. The proposal otherwise meets the remaining requirements of Article 3, Division 12, CDC. It should be mentioned that the existing landscaping buffer areas are being enhanced through preservation of some of the existing planting materials as well as additional plantings being provided. Community Development Board February 18, 2014 FLD2013 -11041 —Page 8 of 18 Level II Flexible Development Application Review PLANNING & DEVELOPMENT DEVELOPMENT REVIEW DIVISION As noted, landscape buffer widths do not meet the provisions of Article 3, Division 12, 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. In addition, the applicant is proposing to incorporate a 504 square foot landscaping island along the western property line. Additionally, plantings will be incorporated along the south, east and north facing foundations of the proposed renovated structure. The landscape plan includes a variety of shade, ornamental and palm trees (live oak, crepe myrtle, Sylvester palm, bald cypress, eagleston holly and washington palm), as well as shrubs and ground covers (fire croton, holly, pringle, jasmin, liriope and ferns). 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. It should be noted that where the western buffer is zero feet in width the adjacent use consists of parking and landscaping for the Taco Bell fast -food restaurant. Solid Waste: A dumpster is proposed at the northwest corner of the site. The dumpster area will be screened by a solid wall with a finish to match the primary exterior color of the restaurant. The proposal has been found-to be acceptable by the City's Solid Waste and Fire Departments. Signal While signage has been depicted in the proposed drawings, signage is not being reviewed as part of the current submittal and will be handled under a separate future signage application. COMPLIANCE WITH GENERAL APPLICABILITY STANDARDS The proposal supports the General Applicability requirements of this Code as follows: Section 3- 914.A.1. The proposed development of the land will be in harmony with the scale, bulk, coverage, density and character of adjacent properties in which it is located. The proposal includes the conversion of the existing, vacant automobile service station with convenience store into a Dunkin Donuts restaurant with a drive -thru. The subject property is located within the Commercial District along Gulf to Bay Boulevard which is one of the main vehicular corridors through the City with a variety of retail sales, services, restaurants and automobile oriented uses. 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 will not impair the value of adjacent properties. Therefore, the proposal is consistent with this CDC Section. Section 3- 914.A.3. The proposed development will not adversely affect the health or safety of persons residing or working in the neighborhood. The 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. Community Development Board February 18, 2014 FLD2013 -11041 — Page 9 of 18 Level II Flexible Development Application Review PLANNING & DEVELOPMENT DEVELOPMENT REVIEW DIVISION The proposal has been designed to have a minimal effect on traffic congestion. The development of the vacant, former gasoline service station into a fast -food restaurant will cause the site to go from underutilized to providing a service within this commercial portion of the City. It is not anticipated that the proposed use will generate any additional traffic above what the previous commercial use generated. The improvements to the site include additional parking than previously provided and increased efficiency in vehicular circulation through the site. Therefore, the proposal is consistent with this CDC Section. The Applicant submitted a revised site plan on January 15, 2014 which details that the site will be able to accommodate eight cars stacking in the drive -thru lane from the pick -up window to ordering board and around the back of the building. 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 commercial and vehicular oriented uses including retail sales and service, overnight accommodations, auto service stations and restaurants. The modern architectural style of the building combined with lush landscaping will complement and enhance adjacent properties. Therefore, the proposal is consistent with this CDC Section. Section 3- 914.A.6. The design of the proposed development minimizes adverse effects, including visual, acoustic and olfactory and hours of operation impacts on adjacent properties. The design of the proposed development minimizes adverse visual and acoustic impacts on adjacent properties. There should be no olfactory impacts of any kind. The existing building and canopy will be renovated and an addition will be added to the building to provide efficient space to service the walk -in clientele as well as the drive -thru patrons. Therefore, the proposal is consistent with this CDC Section. COMPLIANCE WITH COMPREHENSIVE INFILL REDEVELOPMENT The proposal supports the specific Comprehensive Infill Redevelopment Project criteria pursuant to CDC Section 2- 704.E.1 -6 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 proposed project includes the rehabilitation of and renovation to the existing site structures and buildings. Additionally, the existing driveway openings along Gulf to Bay Boulevard and Pegasus Avenue will be utilized for the proposed project. While the proposed project will bring the site into compliance with many of the requirements of the CDC, full and complete compliance without flexibility is impossible due to the existing site constraints. 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 previously in this document. Therefore, the proposal is consistent with this CDC Section. Community Development Board February 18, 2014 FLD2013 -11041 —Page 10 of 18 II Flexible Development Application Review PLANNING & DEVELOPMENT DEVELOPMENT REVIEW DIVISION 3. The development or redevelopment will not impede the normal and orderly development and improvement of surrounding properties. As mentioned, all surrounding properties are developed with a variety of commercial and automobile oriented uses including restaurants, overnight accommodations, retail sales and services. The proposal should have no impact on the ability of adjacent properties to redevelop or otherwise be improved. Therefore, the proposal is consistent with this CDC Section. 4. Adjoining properties will not suffer substantial detriment as a result of the proposed development. As discussed in detail, the proposal is similar to and will support adjacent uses. In addition, the existing orientation of the building, proposed parking and site layout is similar to adjacent properties. Therefore, the proposal is consistent with this CDC Section. S. The proposed use shall otherwise be permitted by the underlying future land use category, be compatible with adjacent land uses, will not substantially alter the essential use characteristics of the neighborhood; and shall demonstrate compliance with one or more of six objectives: a. The proposed use is permitted in this zoning district as a minimum standard, flexible standard or flexible development use; The proposed restaurant use is a permitted use within the C District and the Gulf to Bay corridor is one of the primary vehicular routes serving the City and providing for similar type uses. Additionally, the proposed project will redevelop a former automobile service station which has sat vacant since spring of 2013 and has not been contributing to the economy of the City. The vacant site has also been the subject of previous Code issues and violations which have been completely abated. Therefore, the proposal is consistent with this CDC Section. 6 Flexibility with regard to use, lot width, required setbacks, height and off - street parking are justified based on demonstrated compliance with all of the following design objectives: a. The proposed development will not impede the normal and orderly development and improvement of the surrounding properties for uses permitted in this zoning district. As mentioned, surrounding properties are developed with a variety of uses typical of a commercial nature including hotels, retail, restaurants, and automobile oriented uses. 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. The subject property is not located within a special plan area and therefore, this CDC. Section is not applicable to the proposal. Community Development Board February 18, 2014 FLD2013 -11041 —Page 11 of 18 I Level II Flexible Development Application Review PLANNING & DEVELOPMENT DEVELOPMENT REVIEW DIVISION c. The design, scale and intensity of the proposed development supports the established or emerging character of an area. The proposal provides for a use similar in type and site configuration to other existing surrounding uses within this area of Gulf to Bay Boulevard. The property is located within the C District and provides for a permitted use and therefore, the proposal is consistent with this CDC Section. d. In order to form a cohesive, visually interesting and attractive appearance, the proposed development incorporates a substantial number of the following design elements: ■ Changes in horizontal building planes; ■ Use of architectural details such as columns, cornices, stringcourses, pilasters, porticos, balconies, railings, awnings, etc.; ■ Variety in materials, colors and textures; ■ Distinctive fenestration patterns; ■ Building step backs; and ■ Distinctive roofs forms. The proposed project involves the rehabilitation of the existing building and canopy structure. The resulting design continues the strong horizontal elements of the existing canopy as well as incorporating additional horizontal banding into the proposed expanded building. The proposed window fenestration will further define the horizontal emphasis and grounding of the structure. The proposed building addition will also provide a physical break in the canopy which will result in a cantilevered look as it extends over the walkway and drive -thru areas. The proposed orange "dunkin donuts" color banding will provide an accent to the building and further reinforces the horizontal emphasis of the design. The proposed new building entrance features a vertical element which helps to provide stability to the building as well as identify the user entrance. The exterior color and finishes include the majority of earth tones ranging from sand to slate gray with each color gradient defined through horizontal orientation. The proposed design also echoes back to similar design elements of a mid - century designed structure which was approved for the site in 1961 by the City of Clearwater. Therefore, the proposal is consistent with this CDC Section. e. The proposed development provides for appropriate buffers, enhanced landscape design and appropriate distances between buildings. The proposed project includes landscaping buffers and foundation plantings however, the Applicant has included a Comprehensive Landscaping Application. The required buffer areas for the subject property are 15 feet along Gulf to Bay (south), 15 feet along Pegasus (east) and five feet each along the western and northern property lines. The total square footage of each buffer area is as follows: 2,025 SF along the Gulf to Bay frontage, 1,500 SF along the Pegasus frontage, 750 SF along the western property line and 675 SF along the northern property line which results in a total of 4,950 square feet. As the proposed project is utilizing the existing building and paved portions of the lot, limitations exist with respect to landscaping. The proposed square footage of the buffers areas will be 590 SF along Gulf to Bay, 768 SF along Pegasus, 828 SF along the western property line and 2,009 SF along the northern property line resulting in a total of 4,196 square feet. Overall the proposed landscaping buffer area is deficient by 754 square feet of area which Community Development Board February 18, 2014 FLD2013 -11041 —Page 12 of 18 Level II Flexible Development Application Review PLANNING & DEVELOPMENT _DEVELOPMENTREVIEWDIVISION is a result of the project utilizing the existing building footprint and existing vehicular circulation areas. In order for the site to accommodate the additional landscaping buffer area approximately four parking spaces would need to be converted to landscaped areas thus reducing the amount of parking spaces from 14 to 10 spaces. The project is proposing 14 spaces which is 7.3 spaces per 1,000 square feet of gross floor area and is below the 50% requirement of 9.5 spaces per 1,000 square feet of gross floor area and the Applicant is required to provide a Parking Demand Study. Reducing the amount of off - street parking to accommodate landscaping would negatively impact the site circulation and further exacerbate the deficiency in the amount of parking. Additionally, the proposed project includes foundation plantings beds with extensive plant materials. Therefore, the proposal is consistent with this CDC Section. Section 4 -206 D. 4: Burden of proof. The burden of proof is upon the applicant to show by substantial competent evidence that he is entitled to the approval requested. The applicant has adequately demonstrated through the submittal of substantial competent evidence that the request is entitled to the approval requested as required by CDC Section 4- 206.D.4. Code Enforcement Analysis: There are no active Code Compliance cases for the subject property. COMPLIANCE WITH STANDARDS AND CRITERIA The following table depicts the consistency of the development proposal with the standards for restaurant as per CDC Tables 2 -701.1 and 2 -704: See analysis in Staff Report Community Development Board February 18, 2014 FLD2013 -11041 —Page 13 of 18 Standard Proposed Consistent Inconsistent Floor Area Ratio 0.55 0.10 X Impervious Surface Ratio 0.90 0.73 X Minimum Lot Area N/A 20,283 square feet (0.46 acres) X Minimum Lot Width N/A 135 feet X Minimum Setbacks Front: South: N/A 33 feet to building XI 5 feet to paving East: N/A 38 feet to building X' 5 feet to paving Side: North: N/A 10 feet to building X 18 feet to paving West: N/A 2 feet to building X' Zero feet to pavement Maximum Height N/A 24.67 feet X Minimum Determined by the community 7.27 spaces per 1,000 sq.ft. X' Off - Street Parking development coordinator GFA (14 spaces) based on the specific use and/or ITE Manual standards See analysis in Staff Report Community Development Board February 18, 2014 FLD2013 -11041 —Page 13 of 18 Level II Flexible Development Application Review 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.E.1 -6. (Comprehensive Infill Redevelopment Project): ' See analysis in Staff Report Community Development Board February 18, 2014 FLD2013 -11041 —Page 14 of 18 Consistent Inconsistent 1. The development or redevelopment is otherwise impractical without deviations from X' the use and/or development standards set forth in this zoning district. 2. The development or redevelopment will be consistent with the goals and policies of X' the Comprehensive Plan, as well as with the general purpose, intent and basic planning objectives of this Code, and with the intent and purpose of this zoning district. 3. The development or redevelopment will not impede the normal and orderly X' development and improvement of surrounding properties. 4. Adjoining properties will not suffer substantial detriment as a result of the proposed X' development. 5. The proposed use shall otherwise be permitted by the underlying future land use X' category, be compatible with adjacent land uses, will not substantially alter the essential use characteristics of the neighborhood; and shall demonstrate compliance with one or more of the following objectives: a. The proposed use is permitted in this zoning district as a minimum standard, flexible standard or flexible development use; b. The proposed use would be a significant economic contributor to the City's economic base by diversifying the local economy or by creating jobs; c. The development proposal accommodates the expansion or redevelopment of an existing economic contributor; d. The proposed use provides for the provision of affordable housing; e. The proposed use provides for development or redevelopment in an area that is characterized by other similar development and where a land use plan amendment and rezoning would result in a spot land use or zoning designation; or f. The proposed use provides for the development of a new and/or preservation of a working waterfront use. 6. Flexibility with regard to use, lot width, required setbacks, height and off - street X' parking are justified based on demonstrated compliance with all of the following design objectives: a. The proposed development will not impede the normal and orderly development and improvement of the surrounding properties for uses permitted in this zoning district; b. The proposed development complies with applicable design guidelines adopted by the City; c. The design, scale and intensity of the proposed development supports the established or emerging character of an area; d. In order to form a cohesive, visually interesting and attractive appearance, the proposed development incorporates a substantial number of the following design elements: ❑ Changes in horizontal building planes; ❑ Use of architectural details such as columns, cornices, stringcourses, pilasters, porticos, balconies, railings, awnings, etc.; ❑ Variety in materials, colors and textures; ❑ Distinctive fenestration patterns; ❑ Building stepbacks; and ❑ Distinctive roofs forms. e. The proposed development provides for appropriate buffers, enhanced landscape design and appropriate distances between buildings. X ' See analysis in Staff Report Community Development Board February 18, 2014 FLD2013 -11041 —Page 14 of 18 Level II Flexible Development Application Review PLANNING & DEVELOPMENT DEVELOPMENT REVIEW DIVISION COMPLIANCE WITH GENERAL APPLICABILITY STANDARDS The following table depicts the consistency of the development proposal with the General Standards for Level Two Approvals as per CDC Section 3- 914.A: I See analysis in StaffReport COMPLIANCE WITH COMPREHENSIVE LANDSCAPE PROGRAM STANDARDS The following table depicts the consistency of the development proposal with the Comprehensive Landscape Program as per CDC Section 3- 1202.G: Consistent Inconsistent 1. The proposed development of the land will be in harmony with the scale, bulk, X coverage, density and character of adjacent properties in which it is located. 2. The proposed development will not hinder or discourage development and use of X adjacent land and buildings or significantly impair the value thereof. 3. The proposed development will not adversely affect the health or-safety of persons X residing or working in the neighborhood. 4. The proposed development is designed to minimize traffic congestion. X 5. The proposed development is consistent with the community character of the immediate vicinity. X 6. The design of the proposed development minimizes adverse effects, including X Visual, acoustic and olfactory and hours of operation impacts on adjacent properties. I See analysis in StaffReport 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: Community Development Board February 18, 2014 FLD2013 -11041 —Page 15 of 18 Consistent Inconsistent 1. Architectural theme. a. The landscaping in a comprehensive landscape program shall be designed as a part of the architectural theme of the principal buildings proposed or developed on the parcel proposed for development; or b. The design, character, location and /or materials of the landscape treatment X proposed in the comprehensive landscape program shall be demonstrably more attractive than landscaping otherwise permitted on the parcel proposed for development under the minimum landscape standards 2. Lighting. Any lighting proposed as a part of a comprehensive landscape program is X automatically controlled so that the lighting is turned off when the business is closed. 3. Community character. The landscape treatment proposed in the comprehensive X landscape program will enhance the community character of the City of Clearwater. 4. Property 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 corridor plan which the City of Clearwater has prepared and adopted for the area in which the parcel proposed for development is located. Community Development Board February 18, 2014 FLD2013 -11041 —Page 15 of 18 a Level II Flexible Development Application Review PLANNING & DEVELOPMENT _ DEVELOPMENT REVIEW DIVISION SUMMARY AND RECOMMENDATION The Development Review Committee (DRC) reviewed the application and supporting materials at its meeting of December 5, 2013, and deemed the development proposal to be legally sufficient, based upon the following findings of fact and conclusions of law: Findings of Fact The Planning and Development Department, having reviewed all evidence submitted by the applicant and requirements of the Community Development Code, finds that there is substantial competent evidence to support the following findings of fact: 1. That the 0.46 acre site is located at the northwest corner of Gulf to Bay Boulevard and South Pegasus 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 Articl 2'Divisiorl 7 of the CDC; 5. That the site is currently developed with a vacant automobile service station with convenience store; 6. The subject property is comprised of one parcel with approximately 135 feet of frontage along Gulf to Bay Boulevard and 150 feet of frontage along South Pegasus Avenue; 7. The proposal includes a front (south) setback of 33 feet (to building) and five feet (to parking), a front (east) setback of 38 feet (to building) and five feet (to parking), a side (north) setback of 10 feet (to dumpster enclosure) and 18 feet (to parking), a side (west) setback of two feet (to dumpster enclosure) and zero feet (to parking) and 14 parking spaces (7.27 spaces per 1,000 square feet of Gross Floor Area); 8. A front (south) landscape buffer of five feet (15 feet required), a front (east) landscape buffer of five foot (15 feet required), a side (north) landscape buffer of 18 feet (5 feet required) and a side (west) landscape buffer of zero feet (five feet required); 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 development proposal is consistent with applicable portions of the Comprehensive Plan including Future Land Use Plan Element Goal A.6, Objectives A.3.2 and A.6.4 and Policies A.2.2.3, A.3.2.1, A.5.5.1 and A.6.4.1; 3. That the development proposal is consistent with the general purpose, intent and basic planning objectives of the Community Development Code Sections 1- I03.B.I — 3 and D; 4. That the development proposal is consistent with the Standards as per Table 2 -704 of the Community Development Code with regard to Comprehensive Infill Redevelopment Project; 5. That the development proposal is consistent with the Flexibility criteria as per Section 2- 704.E of the Community Development Code; 6. 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 Community Development Board February 18, 2014 FLD2013 -11041 —Page 16 of 18 II Flexible Development Application Review PLANNING & DEVELOPMENT DEVELOPMENT REVIEW DIVISION 7. That the development proposal is consistent with the Flexibility criteria for a Comprehensive Landscape Program CDC Section 3- 1202.G. Based upon the above, the Planning and Development Department recommends APPROVAL of the Flexible Development application to permit a restaurant with a height of 24.67 feet, a front (south) setback of 33 feet (to building) and five feet (to parking), a front (east) setback of 38 feet (to building) and five feet (to parking), a side (north) setback of 52 feet (to building) and 18 feet (to parking), a side (west) setback of two feet (to dumpster enclosure) and zero feet (to parking) and 14 parking spaces (7.27 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.E. and to reduce the front (south) landscape buffer from 15 feet to five feet (to parking), reduce the front (east) landscape buffer from 15 feet to five feet (to parking), reduce the side (west) landscape buffer from five feet to zero feet, increase the side (north) landscape buffer from five feet to 18 feet and reduce the amount of required foundation plantings of the proposed building as part of a Comprehensive Landscape Program under the provisions of CDC Section 3- 1202.G subject to the following conditions: Conditions of Approval: General /Miscellaneous Conditions 1. That the final design and color of the building be generally consistent with the elevations approved by the CDB; 2. That all signage be reviewed and approved pursuant to the City's sign ordinance and that the maximum square footage of any freestanding signs be limited to the minimum permitted by the CDC with regard to area, height and number without the opportunity to apply for a Comprehensive Sign Program; 3. That issuance of a development permit by the City of Clearwater does not in any way create any right on the part of an applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the City for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law; 4. That all other applicable local, state and/or federal permits be obtained before commencement of the development; Timing Conditions 5. That application for a building permit be submitted no later than February 18, 2015, unless time extensions are granted pursuant to CDC Section 4 -407; 6. That prior to the issuance of any building permits, the Fire Department may require the provision of a Water Study performed by a Fire Protection Engineer in order to ensure that an adequate water supply is available and to determine if any upgrades are required by the developer due to the impact of the project. The water supply must be able to support the needs of any required fire sprinkler, standpipe and/or fire pump. If a fire pump is required, then the water supply must be able to supply 150 percent of its rated capacity; 7. That prior to the issuance of Certificate of Occupancy that all required Transportation Impact Fees be paid; Community Development Board February 18, 2014 FLD2013 -11041 —Page 17 of 18 0 u Level II Flexible Development Application Review PLANNING & DEVELOPMENT DEVELOPMENT REVIEW DIVISION 8. 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; 9. That prior to the issuance of any permits a final landscape plan which clearly shows all underground utilities on and adjacent to the site be submitted to and approved by Staff; 10. That prior to the issuance of any permits, any applicable Public Art and Design Program Impact Fees be paid; 11. That prior to the issuance of any permits, any applicable Parks and Recreation impact fees be paid; 12. That prior to the issuance of any permits all sub - standard sidewalks and sidewalk ramps adjacent to or a part of the project shall be shown on plans to be improved to meet the requirement of Local, State and/or Federal standards including ADA requirements (truncated domes per FDOT Index #304); and 13. That prior to the issuance of any permit, all requirements of the General Engineering, Traffic Engineering and Fire Departments be addressed. �Ve_ Prepared by Planning and Development Department Staff: Melissa Hauck- Baker, AICP, Planner II Community Development Board February 18, 2014 FLD2013 -11041 —Page 18 of 18 Melissa H. Hauck- Baker, AICP, NJPP 100 South Myrtle Avenue Clearwater Florida 33756 727 -562- 4567 x2855 melissa. hauck- bakerAmyclearwater.com PROFESSIONAL EXPERIENCE • Planner II, Development Review Division - July 2013 to Present City of Clearwater, FL Provide professional urban planning services to citizens, City Officials and businesses regarding Land Development Review procedures and legal requirements of the Community Development Code for the City. Assist in the day to day planning and zoning operations as well as long range planning initiatives, interdepartmental cooperation and assistance. Conduct plan reviews, site investigations, report preparation, meeting attendance and presentation of findings as relating to proposed development projects and required regulatory review procedures. Professional Planner Consultant - March 2010 to June 2013 Melissa Hauck Baker, AICP, NJPP Provide consulting services to clients as requested for various residential and commercial scale projects as relating to the necessary zoning and planning review processes required by the specific governing entity. Supervise the preparation of reports and plans, conduct site visits, attend and present findings at municipal and all related public meetings, coordinate with applicant, various municipal staff and related professional consultants. Senior Associate — January 2005 to March 2010 Project Manager - April 2001 to January 2005 KEPG, LLC, Atlantic City, NJ Oversee consulting services provided to municipal clients in the area of zoning, planning, master planning and redevelopment planning. Review all proposed projects before any required municipal board, authority and commission as well as any additional jurisdictional requirement of other local, state and federal entities. Provide professional guidance regarding planning and zoning concepts, zoning ordinance development, urban design issues, master plans, and redevelopment plans as outlined within the New Jersey Municipal Land Use Law. Supervise the preparation of reports and plans, conduct site visits, attend and present findings at municipal and all related public meetings, coordinate with firm staff, various municipal staff and related consultants to effectuate an efficient and thorough review process. Zoning Administrator - June 1998 to April 2001 City Planner - November 1994 to May 1998 Historic Preservation Specialist - September 1993 to October 1994 City of Reading, PA Staff liaison and administrator to the Zoning Hearing Board, Planning Commission, Historic Architectural Review Board, Reading Redevelopment Authority and Fine Arts Board. Enforcement, interpretation and regulatory cooperation of the following ordinances; subdivision, land development, historic preservation, redevelopment and zoning. Provide assistance with downtown, neighborhood, comprehensive master plan, parks, recreation, and public property planning. Conduct site inspections, process violations, and pursue cases through the court system. Assist with review of proposed development projects in conjunction with planning, engineering, and building code staff as well as with the preparation of the Comprehensive Master Plan. Generate graphics for various presentations as required by the department. EDUCATION Bachelor of Landscape Architecture, State University of New York, Syracuse, 1993 LICENSES AND ASSOCIATION MEMBERSHIPS American Institute of Certified Planners #023351 (2009 to Present) American Planning Association (2001 to Present) Florida Chapter (2013 . to Present) New Jersey Chapter (2001 to 2012) Licensed New Jersey Professional Planner #331,I00609500 (2009 to Present) M W- tv M, i 0► Vl� PARKING STUDY FOR PROPOSED QUICK SERVICE RESTAURANT 1840 GULF TO BAY BOULEVARD CLEARWATER , FLORIDA PREPARED FOR: SPENCER & ASSOCIATES ARCHITECTURE, INC. PREPARED BY: GULF COAST CONSULTING, INC. FEBRUARY 2014 PROJECT # 14 -007 Robert Pergoli i ICP /PTP AICP #9023 /PTP #133 I. INTRODUCTION The applicant is seeking approval to utilize the building located at #1840 Gulf to Bay Boulevard as a small quick service restaurant with drive - through service. The property is located on the north side of Gulf to Bay Boulevard between Pegasus Avenue and Orion Avenue. (See Figure 1) The redevelopment of the property is the subject of a Flexible Development Application. This application requires an assessment of the parking adequacy for the operation and it was determined a parking study should be completed. As part of the redevelopment a parking lot will be constructed to include a total of 14 parking spaces. The building is proposed to contain 1,926 square feet of floor space and will be equipped with a drive - through lane. The exact user is unknown, however it is anticipated the quick service restaurant model will rely heavily on drive - through service, as well as walk -up service due to its proximity to Clearwater High School. II. METHODOLOGY Prior to conducting this analysis a methodology was established with the City of Clearwater staff. It was agreed GCC would conduct a parking accumulation study of a similar quick service restaurant on a normal weekday between 7 AM and 10 AM. The agreed to comparable restaurant is the Dunkin Donuts which is located at 4600 S. Missouri Avenue, just south of Turner Street. The Dunkin Donuts is open for breakfast, lunch and dinner, is located on a 0.48 acre site with 2,100 square feet of gross building area, and contains 25 code - compliant parking spaces. (23 standard + 2 handicapped) This Dunkin Donuts restaurant contains 8 tables and is open daily between 5 AM- 10 PM except for Sunday hours of 5 AM — 9 PM. The study area included the existing parking lot only since public parking lots are not in close proximity to the site. Both the existing Dunkin Donuts and the proposed quick service restaurant at the subject property are similar in building size, similar in lot size, and are both located in mixed -use areas containing some retail /commercial, offices, and moderate density residential uses nearby. Per the Community Development Code there is a minimum parking requirement of 7 -12 spaces per 1,000 square feet of restaurant space. According to strict interpretation of the code, the 1,926 square foot quick service restaurant would require between 13 and 23 parking spaces. The code provides for reducing the required number of parking spaces to recognize the special situations that exist. The Community Development Code allows a reduction in parking if the property will require fewer parking spaces due to unique operations or non - parking demand - generating functions. The applicant believes the quick service nature of the proposed development being located in a mixed -use area containing retail, residential, office and institutional uses will encourage drive - through and walk -up 1 patrons such that parking needs will be reduced. Clearwater High School is a large institutional use which is only 2- blocks to the east of the site. III. EXISTING PARKING CONDITIONS OF DUNKIN DONUTS Existing conditions were established by conducting parking lot counts between the hours of 7:00 AM and 10:00 AM on Tuesday February 4, 2014. The parking lot was checked every thirty minutes for the number of spaces that were occupied. The number of occupied spaces was noted and an accumulated total was obtained. Tuesday February 4, 2014 On Tuesday (normal weekday) parking demand varied significantly throughout the study period from a low of 3 occupied spaces (12 %) at 7 AM to a peak demand of 10 occupied spaces (40 %) at 8 AM. Table 1 provides a sub - hourly tabulation and Figure 2 provides a graph of sub - hourly parking space occupancy. Based on the data collected the Dunkin Donuts site has an actual peak parking demand of 4.76 spaces per 1,000 square feet of floor area. This ratio (10 spaces / 2,100 sf) may be transferred to similar quick service restaurants in similar areas. As such, the parking demand for the proposed quick service restaurant at 1840 Gulf to Bay Boulevard was calculated at 10 parking spaces. IV. FUTURE CONDITIONS WITH REDEVELOPMENT The proposed modifications would result in 14 on -site parking spaces. The site would require between 13 -23 parking spaces according to strict interpretation of the code. Using the data obtained from a comparable quick service restaurant the maximum demand for the proposed redevelopment would be 10 spaces, and 4 additional spaces would be available for overflow if needed. Therefore, the construction of the parking lot to contain 14 spaces will still provide adequate parking for the proposed operation at this site. V. CONCLUSION This analysis was conducted in accordance with a specific methodology established with City of Clearwater staff. This analysis demonstrates a maximum of 10 parking spaces were occupied during any hour of the study period at a comparable quick service restaurant, and that equates to 10 spaces for the proposed development. As such, the parking demands for a quick service restaurant with a drive - through lane are easily satisfied. With the redevelopment of site providing 14 parking spaces, the parking demands can be accommodated. The proposed 14 spaces falls within the range allowed by the Community Development Code and the flexibility may be granted by the Community Development Board. 2 TIME 7:00 AM 7:30 AM 8:00 AM 8:30 AM 9:00 AM 9:30 AM 10:00 AM TABLE 1 TUESDAY FEBRUARY 4, 2014 DUNKIN DONUTS PARKING LOT OCC. TOTAL % OCCUPIED 3 25 12% 7 25 28% 10 25 40% 6 25 24% 5 25 20% 6 25 24% 7 25 28% 20 19 18 17 16 15 14 13 v 12 L 11 cn 0 10 w a 9 V 8 V O 7 6 5 4 3 2 1 0 FIGURE 2 - TUESDAY FEBRUARY 4, 2014 7:00 AM 7:30 AM 8:00 AM 8:30 AM 9:00 AM 9:30 AM 10:00 AM TIME OF DAY A.- PENDIX A 7 i G®- ste earth feet 300 meters; 100 H640 o. 4Co Pm, z v _i�Ie earth feet 500 ``� meters 100 15-17 -ql it�-/ �2-c,641U0a/0a-?o 0 .4 F) aucs 2.,1 00 PARKING STUDY FOR PROPOSED QUICK SERVICE RESTAURANT 1840 GULF TO BAY BOULEVARD CLEARWATER , FLORIDA PREPARED FOR: SPENCER & ASSOCIATES ARCHITECTURE, INC. PREPARED BY: GULF COAST CONSULTING, INC. FEBRUARY 2014 PROJECT # 14 -007 l2ee9wil Robert Pergoliz i, CP /PTP AICP #9023 /PTP #133 I. INTRODUCTION The applicant is seeking approval to utilize the building located at #1840 Gulf to Bay Boulevard as a small quick service restaurant with drive - through service. The property is located on the north side of Gulf to Bay Boulevard between Pegasus Avenue and Orion Avenue. (See Figure 1) The redevelopment of the property is the subject of a Flexible Development Application. This application requires an assessment of the parking adequacy for the operation and it was determined a parking study should be completed. As part of the redevelopment a parking lot will be constructed to include a total of 14 parking spaces. The building is proposed to contain 1,926 square feet of floor space and will be equipped with a drive - through lane. The exact user is unknown, however it is anticipated the quick service restaurant model will rely heavily on drive - through service, as well as walk -up service due to its proximity to Clearwater High School. II. METHODOLOGY Prior to conducting this analysis a methodology was established with the City of Clearwater staff. It was agreed GCC would conduct a parking accumulation study of a similar quick service restaurant on a normal weekday between 7 AM and 10 AM. The agreed to comparable restaurant is the Dunkin Donuts which is located at 4600 S. Missouri Avenue, just south of Turner Street. The Dunkin Donuts is open for breakfast, lunch and dinner, is located on a 0.48 acre site with 2,100 square feet of gross building area, and contains 25 code - compliant parking spaces. (23 standard + 2 handicapped) This Dunkin Donuts restaurant contains 8 tables and is open daily between 5 AM- 10 PM except for Sunday hours of 5 AM — 9 PM. The study area included the existing parking lot only since public parking lots are not in close proximity to the site. Both the existing Dunkin Donuts and the proposed quick service restaurant at the subject property are similar in building size, similar in lot size, and are both located in mixed -use areas containing some retail /commercial, offices, and moderate density residential uses nearby. Per the Community Development Code there is a minimum parking requirement of 7 -12 spaces per 1,000 square feet of restaurant space. According to strict interpretation of the code, the 1,926 square foot quick service restaurant would require between 13 and 23 parking spaces. The code provides for reducing the required number of parking spaces to recognize the special situations that exist. The Community Development Code allows a reduction in parking if the property will require fewer parking spaces due to unique operations or non - parking demand - generating functions. The applicant believes the quick service nature of the proposed development being located in a mixed -use area containing retail, residential, office and institutional uses will encourage drive - through and walk -up 1 patrons such that parking needs will be reduced. Clearwater High School is a large institutional use which is only 2- blocks to the east of the site. III. EXISTING PARKING CONDITIONS OF DUNKIN DONUTS Existing conditions were established by conducting parking lot counts between the hours of 7:00 AM and 10:00 AM on Tuesday February 4, 2014. The parking lot was checked every thirty minutes for the number of spaces that were occupied. The number of occupied spaces was noted and an accumulated total was obtained. Tuesday February 4, 2014 On Tuesday (normal weekday) parking demand varied significantly throughout the study period from a low of 3 occupied spaces (12 %) at 7 AM to a peak demand of 10 occupied spaces (40 %) at 8 AM. Table 1 provides a sub - hourly tabulation and Figure 2 provides a graph of sub - hourly parking space occupancy. Based on the data collected the Dunkin Donuts site has an actual peak parking demand of 4.76 spaces per 1,000 square feet of floor area. This ratio (10 spaces / 2,100 sf) may be transferred to similar quick service restaurants in similar areas. As such, the parking demand for the proposed quick service restaurant at 1840 Gulf to Bay Boulevard was calculated at 10 parking spaces. IV. FUTURE CONDITIONS WITH REDEVELOPMENT The proposed modifications would result in 14 on -site parking spaces. The site would require between 13 -23 parking spaces according to strict interpretation of the code. Using the data obtained from a comparable quick service restaurant the maximum demand for the proposed redevelopment would be 10 spaces, and 4 additional spaces would be available for overflow if needed. Therefore, the construction of the parking lot to contain 14 spaces will still provide adequate parking for the proposed operation at this site. V. CONCLUSION This analysis was conducted in accordance with a specific methodology established with City of Clearwater staff. This analysis demonstrates a maximum of 10 parking spaces were occupied during any hour of the study period at a comparable quick service restaurant, and that equates to 10 spaces for the proposed development. As such, the parking demands for a quick service restaurant with a drive - through lane are easily satisfied. With the redevelopment of site providing 14 parking spaces, the parking demands can be accommodated. The proposed 14 spaces falls within the range allowed by the Community Development Code and the flexibility may be granted by the Community Development Board. 2 TIME 7:00 AM 7:30 AM 8:00 AM 8:30 AM 9:00 AM 9:30 AM 10:00 AM TABLE 1 TUESDAY FEBRUARY 4, 2014 DUNKIN DONUTS PARKING LOT OCC. TOTAL % OCCUPIED 3 25 12% 7 25 28% 10 25 40% 6 25 24% 5 25 20% 6 25 24% 7 25 28% 20 19 18 17 16 15 14 13 cn w 12 U a 11 p 10 w a 9 M v 8 V O 7 6 5 4 3 2 1 0 FIGURE 2 -TUESDAY FEBRUARY 4, 2014 7:00 AM 7:30 AM 8:00 AM 8:30 AM 9:00 AM 9:30 AM 10:00 AM TIME OF DAY •• �� t Gojgle earth feet 300 meters 100 feet 500 earth meters 100 I5 `Z,2/ I!�-/ �zU914/0Ua/oo-) p 6 .4 8 Au-c5 z, l 00 ������5 `,ITle PLANNING & DEVELOPMENT CITY OF CLEA-RWATER POST OFFICE BOX 4748, CLEARWATER, FLORIDA 33758 -4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAX (727) 562 -4865 MEMORANDUM TO: Community Development Board FROM: Melissa H. Baker, AICP, Planner 11 RE: FLD2013- 11041, Request of Continuance DATE: January 14, 2014 Upon further review of the application, staff has requested additional information from the applicant and anticipate that the item will be continued to the February 18, 2014 meeting. "EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER" CITY OF CLEARWATER NOTICE OF COMMUNITY DEVELOPMENT BOARD PUBLIC HEARINGS The Community Development Board of the City of Clearwater, Florida, will hold public hearings on Tuesday, January 21, 2014, beginning at 1:00 p.m., in the City Council Chambers, in City Hall, 3rd floor, 112 South Osceola Ave, Clearwater, Florida, to consider the following requests: NOTE: All persons wishing to address an item need to be present at the BEGINNING of the meeting. Those cases that are not contested by the applicant, staff, neighboring property owners, etc. will be placed on a consent agenda and approved by a single vote at the beginning of the meeting. CTS Holdings, LLC, 519 Pennsylvania Ave. is requesting Flexible Development application to permit a 1,926 square foot fast food restaurant use with a drive thru in the Commercial (C) Zoning District with a lot area of 0.46 acres (22,283.75 square feet), lot widths of 135 feet (along Gulf to Bay), 150.25 feet (along Pegasus), a building height of 24.66 feet (top of parapet wall), front (south) setback of 31.92 feet (Gulf to Bay), front (east) setback of 38.5 feet (Pegasus), side (west) setback of one foot to dumpster enclosure, rear (north) setback of ±5.25 feet to dumpster enclosure, and 10 off - street parking spaces as a Comprehensive Infill Redevelopment Project pursuant to Community Development Code (CDC) Section 2- 704.E. along with the reduction in the required foundation plantings and required buffer plantings as part of a Comprehensive Landscape Program pursuant to CDC Section 3- 1202.G.. (Proposed Use: Restaurant, fast food) at 1840 Gulf to Bay Blvd., Parcel No. 13- 29 -15- 00000 - 230 -0400. FLD2013 -11041 Assigned Planner: Melissa Hauck - Baker, Planner II (727) 562 -4567 ext. 2855 Interested parties may appear and be heard at the hearing or file written notice of approval or objection with the Planning and Development Director or City Clerk prior to the hearing. Any person who decides to appeal any decision made by the Board or Council, with respect to any matter considered at such hearings, will need to request a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based per Florida Statute 286.0105. Community Development Code Sec 4 -206 states that party status shall be granted by the Board in quasi-judicial cases if the person requesting such status demonstrates that s/he is substantially affected. Party status entitles parties to personally testify, present evidence, argument and witnesses, cross - examine witnesses, appeal the decision and speak on reconsideration requests, and needs to be requested and obtained during the case discussion before the CDB. An oath will be administered swearing in all persons giving testimony in quasi-judicial public hearing cases. If you wish to speak at the meeting, please wait to be recognized, then state and spell your name and provide your address. Persons without party status speaking before the CDB shall be limited to three minutes unless an individual is representing a group in which case the Chairperson may authorize a reasonable amount of time up to 10 minutes. Five days prior to the meeting, staff reports and recommendations on the above requests will be available for review by interested parties between the hours of 8:30 a.m. and 4:30 p.m., weekdays, at the City of Clearwater, Planning and Development Department, 100 S. Myrtle Ave., Clearwater, FL 33756. Please contact the assigned planner at 562 -4567 to discuss any questions or concerns about the project and /or to better understand the proposal and review the site plan. � r Michael Delk Planning and Development Director Rosemarie Call, MPA,CMC City Clerk City of Clearwater P.O. Box 4748, Clearwater, FL 33758 -4748 NOTE: Applicant or representative must be present at the hearing. YOU ARE BEING SENT THIS NOTICE IF YOU ARE THE APPLICANT OR OWN PROPERTY WITHIN 200 FT OF THE SUBJECT PROPERTY A COPY OF THIS AD IN LARGE PRINT IS AVAILABLE IN OFFICIAL RECORDS AND LEGISLATIVE SERVICES. ANY PERSON WITH A DISABILITY REQUIRING REASONABLE ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING SHOULD CALL (727) 562 -4093 WITH THEIR REQUEST. To learn more about presenting to Clearwater boards and City Council, go to http:// clearwater .granicus.comNiewPublisher.php ?view id =11 and click on "Resident Engagement Video." You can also check the informational video out from any Clearwater public library. Ad: 1/8/14 F i _ , _D2013 -11041 C/O HOGFISH GRILL JONES ROBERT L MORRIS BRIAN 18395 GULF BLVD STE 204 JONES BETTY J MORRIS CATHERINE INDIAN SHORES FL 33785 29081 US HIGHWAY 19 N LOT 385 1529 NURSERY RD CLEARWATER FL 33761 CLEARWATER FL 33756 MIKE LLC JASMINE NAIK DEVELOPMENT LLC C/O WEAVER ENTERPRISES INC 1814 GULF TO BAY BLVD 407 SAINT ANDREWS DR 2050 WEAVER PARK DR CLEARWATER FL 33765 BELLEAIR FL 33756 CLEARWATER FL 33765 JEM RESTAURANT GROUP OF FL INC HITCH JOSEPH A CHIVAS FRANK PO BOX 22246 510 VIRGINIA LN 18395 GULF BLVD STE 204 CHARLESTON SC 29413 CLEARWATER FL 33764 INDIAN SHORES FL 33785 C T S HOLDINGS OF PINELLAS LLC C/O REAL ESTATE PROPERTY TAX C/O HOGFISH GRILL 4830 W KENNEDY BLVD STE 300 PO BOX 1159 18395 GULF BLVD STE 204 TAMPA FL 33609 DEERFIELD IL 60015 INDIAN SHORES FL 33785 C/O VAZQUEZ JUAN MARIANI ARBEN MITCHELL JAY JOSEPH PO BOX 8589 MARIAN[ ALMA MITCHELL PATRICIA ALEXIS CLEARWATER FL 33758 525 KEENE RD S 402 S ORION AVE CLEARWATER FL 33756 CLEARWATER FL 33765 NATIONAL RETAIL PROPERTIES LP WEAVER ENTERPRISES INC CRUZ EMILIA 450 S ORANGE AVE STE 900 2050 WEAVER PARK DR 308 S ORION AVE ORLANDO FL 32801 CLEARWATER FL 33765 CLEARWATER FL 33765 JASMINE NAIK DEVELOPMENT LLC EDWARDS YACHT SALES INC CREST LAKE LLC 407 SAINT ANDREWS DR 18514 US HIGHWAY 19 N STE D2 1641 PALMETTO ST BELLEAIR FL 33756 CLEARWATER FL 33764 CLEARWATER FL 33755 JASMINE NAIK DEVELOPMENT LLC PATRICIO HORTENSIA VELOZ NELSON 407 SAINT ANDREWS DR 514 BROOKSIDE DR VELOZ ISIDRA BELLEAIR FL 33756 CLEARWATER FL 33764 12816 STANWYCK CIR TAMPA FL 33626 COMMERCIAL NET LEASE REALTY LP LAUER GAYLE A BAWI NASR -EDDIN A 450 S ORANGE AVE STE 900 520 BROOKSIDE DR PO BOX 7539 ORLANDO FL 32801 CLEARWATER FL 33764 CLEARWATER FL 33758 C/O COOPER MILLER STEVENS JUNE E KAVROULAKIS GEORGE 4465 W GANDY BLVD STE 800 PO BOX 5656 111 S CORONA AVE TAMPA FL 33611 CLEARWATER FL 33758 CLEARWATER FL 33765 BEAN LEEWARD J HAMMOND LUANNE S BEAN CATHERINE K 301 PEGASUS AVE 1611 MAPLE ST CLEARWATER FL 33765 CLEARWATER FL 33755 BEAN LEEWARD J PETZOLD GEORGE BEAN CATHERINE K 307 S PEGASUS AVE 1611 MAPLE ST CLEARWATER FL 33765 CLEARWATER FL 33755 EVANS EDWIN E REV TRUST BENSIMON AVRAHAM EVANS RANDALL SCOTT THE 721 MANDALAY AVE 1325 KINSMERE DR CLEARWATER BEACH FL 33767 TRINITY FL 34655 MC COWAN DOUGLAS H II BENSIMON AVRAHAM 47590 W ANN ARBOR RD 721 MANDALAY AVE PLYMOUTH MI 48170 CLEARWATER BEACH FL 33767 BLACKROCK ACQUISITIONS LLC 32 GLENHAVEN DR HAMPTON VA 23664 CRUZ JORGE F CRUZ RENE F 308 S PEGASUS AVE CLEARWATER FL 33765 HUGNEY MARGARET A 402 S PEGASUS AVE CLEARWATER FL 33765 COWDEN H DANIEL COWDEN LYNDA B 410 S PEGASUS AVE CLEARWATER FL 33765 PIETRYNIAK MAREK 1232 EDENVILLE AVE CLEARWATER FL 33764 WAUGH BRIAN J 407 S ORION AVE CLEARWATER FL 33765 S & I VENTURES LLC PO BOX 8589 CLEARWATER FL 33758 EVANS EDWIN E REV TRUST EVANS RANDALL SCOTT THE 1325 KINSMERE DR TRINITY FL 34655 YOKOYAMA ENTERPRISES LLC 55 VELMA DR LARGO FL 33770 ZIMMERMAN JAMES A 400 S CORONA AVE CLEARWATER FL 33765 COLE DEBRA L 2477 RAYMONT DR CLEARWATER FL 33763 7 ZADACH USA LLC PO BOX 3457 SEMINOLE FL 33775 O'BRIEN KIERAN T 2840 WEST BAY DR # 204 LARGO FL 33770 SKYCREST NEIGHBORHOOD ASSOC. Joanna Siskin 121 N. Crest Ave. CLEARWATER FL 33755 10:00 AM Case number: FLD2013 -11041 — 1840 GULF TO BAY BLVD Owner(s): C T S Holdings Of Pinellas Llc 4830 W Kennedy Blvd Ste 300 Tampa, FL 33609 -2521 PHONE: No phone, Fax: No fax, Email: No email Applicant: PHONE: No phone, Fax: No fax, Email: No email Representative: Steve Spencer Po Box 306 Indian Rocks Beach, FL 33785 PHONE: (727) 504 -1175, Fax: No fax, Email: Sjs @spencerarch.Com Location: The subject property is located at 1840 Gulf to Bay Boulevard and consists of 0.46 acres (20,283.75 SF). The parcel is located along the north side of Gulf to Bay at the northwest corner of the intersection of Gulf to Bay with South Pegasus Avenue. Atlas Page: 289A Zoning District: Commercial Request: Flexible Development application to permit a 1,926 square foot fast food restaurant use with a drive thru in the Commercial (C) Zoning District with a lot area of 0.46 acres (22,283.75 square feet), lot widths of 135 feet (along Gulf to Bay), 150.25 feet (along Pegasus), a building height of 24.66 feet (top of parapet wall), front (south) setback of 31.92 feet (Gulf to Bay), front (east) setback of 38.5 feet (Pegasus), side (west) setback of one foot to dumpster enclosure, rear (north) setback of ±5.25 feet to dumpster enclosure, and 10 off - street parking spaces as a Comprehensive Infill Redevelopment Project pursuant to Community Development Code (CDC) Section 2- 704.E. along with the reduction in the required foundation plantings and required buffer plantings as part of a Comprehensive Landscape Program pursuant to CDC Section 3- 1202.G. Proposed Use: Restaurants Neighborhood Clearwater Neighborhood Coalition Association(s): Presenter: Melissa Baker, Planner II 12/5/2013 12 DRC_ActionAgenda "EQUAL EmpLOYMENT A \'D AFFiRMATAT An -io, BOWYER" Workflow: Review Name Task Status _ Status Date Last Name. Determination of Complete Completeness 11/05/2013 Baker Engineering Review Comments 11/19/2013 Shannon Traffic Eng Review Comments 11/20/2013 Elbo Fire Review Comments 11/20/2013 Keller Parks and Rec Review No Comments No issues- commercial,project less than 1 acre.:; 11/20/2013 Reid Land Resource Review Comments 11/20/2013 Crandall Art Review No Reveiw Required 11121/2013 Hubbard 11/21/2013 - In response to. Ordinance No. 8481-.13 amending,the Community. Development.Code,:: Division 11, the mandatory Public Art requirement for development projects over.$&- million has transitioned to a. voluntary participation program available to:developers of projects of all values. Should the developer wish to invest in public artwork for: their project ., they are encouraged to contact the .City's Cultural Affairs Division at (727) 5624837. Solid Waste Review No Comments 11/22/2013 Pryor Stormwater Review No Comments 11/25/2013 Spearman Planning Review Comments 11/26/2013 Baker Environmental Review Comments 11/26/2013 Josuns Route to Meeting Ready for DRC 11/27/2013 Baker Harbor Master Review No Comments 11/27/2013 Baker 12/5/2013 13 DRC_ActionAgenda "EQUAL BIPLOYME IT AND AFFIRMATAT AaION Ejm.o .r," The DRC reviewed this application with the following comments: Engineering Review Prior to Building Construction Permit: 1. As per Community Development Code Section 3- 1907B, Sidewalks /Bicycle paths and City Construction Standard Index No. 109 for Sidewalks, Applicant shall bring all sub - standard sidewalks and sidewalk ramps adjacent to or a part of the project up to standard, including A.D.A. standards (raised detectable tactile surfaces or truncated domes per FDOT Index #304 and 310 FY 2012/13). 2. As per Community Development Code Section 3-1908.B-Utilities- Generally, all utility facilities existing and proposed throughout the property served or to be served shall be shown on the construction improvement plans. 3. As per City of Clearwater Development Code 4 -201, please show all existing public utilities on the plans. 4. If the proposed project necessitates infrastructure modifications to satisfy site - specific water capacity and pressure requirements and /or wastewater capacity requirements, the modifications shall be completed by the applicant and at their expense. If underground water mains and hydrants are to be installed, the installation shall be completed and in service prior to construction in accordance with Fire Department requirements. 5. A City right of way permit is required for any work in Pegasus Avenue. Prior to Certificate of Occupancy: 1. Please provide a copy of an approved right -of -way permit from FDOT for any work in the Gulf to Bay right -of -way prior to the issuance of a building permit. General Notes: 1. Only Sheet AS1 was reviewed for General Engineering criteria. The additional details provided in the plan set may have been necessary for other departmental reviews to provide flexible development approval. Construction plans shall be reviewed in more detail prior to receipt of the building permit. 12/5/2013 14 DRC_ActionAgenda "EQUAL EmpLoYMENT A \fi iFF1RMAIWE ACTION E\4PLOYER° Environmental Review Prior to issuance of Building Permit: 1. Removal or abandonment of fuel tanks require approvals from Pinellas County Health Department and /or Florida Department of Environmental Protection; copies of approvals will be required at the time of Building Permit Review. 2. An Asbestos Survey is usually required prior to conducting any demolition or renovations. Contact Pinellas County Air Quality (727/464 -4422) for more information. 3. Provide erosion control measures on plans sheet and provide notes detailing erosion control methods. General Note(s): 1. DRC review is a prerequisite for Building Permit Review; additional comments may be forthcoming upon submittal of a Building Permit Application. 2. Offsite discharge of produced groundwater from dewatering shall comply with dewatering guidelines from Florida Department of Environmental Protection (FDEP), F.A.C. 62- 621(2). 3. Additional permits from State agencies, such as the Southwest Florida Water Management District or Florida Department of Environmental Protection, may be required. Approval does not relieve the applicant from the requirements to obtain all other required permits and authorizations. 12/5/2013 15 DRC_ActionAgenda "EQUAL EmpLOYmENTT AND AFFIRDiATNE AmON Eki ipLoirER° Fire Review 1) Show location of fire hydrant for fire fighting use. Must be within 300 feet of building as hose lays and on same side of street as building. ACKNOWLEDGE PRIOR TO C.D.B. 2) Plan shows the canopy. Must meet the requirements of NFPA -1, 2009 edition (Florida) Chapter 18 Fire Department Access and Water Supply 18.2.3.4.1.2 Fire department access roads shall have an unobstructed vertical clearance of not less than 13 ft 6 in. (4.1 m). Please note that the City of Clearwater Fire & Rescue has a vertical clearance of 14 feet and signage showing height shall be posted ACKNOWLEDGE PRIOR TO C.D.B. 3) Must meet the requirements of NFPA -1, 2009 edition (Florida) Chapter 18 Fire Department Access and Water Supply 18.2.3.4.6 Grade. 18.2.3.4.6.2 The angle of approach and departure for any means of fire department access road shall not exceed 1 ft drop in 20 ft (0.3 m drop in 6 m) or the design limitations of the fire apparatus of the fire department, and shall be subject to approval by the AHJ.ACKNOWLEDGE PRIOR TO C.D.B. 4) Provide and show on the plan minimum 30 foot turning radius for emergency vehicle ingress and egress at all entrance and exits. ACKNOWLEDGE PRIOR TO C.D.B. 5)Provide and show on the site plan 24 ft width at driveways / drive aisles for emergency vehicle ingress and egress for front and rear parking lots ACKNOWLEDGE PRIOR TO C.D.B. 6) Property Address Requirements, must meet the requirements of City of Clearwater Ordinance 4138 -86 and the Florida Fire Prevention Code all non- residential properties must have numbers at least 6 (six) inches in height on the street side it faces in contrasting colors. ACKNOWLEDGE PRIOR TO C.D.B. 7) This is a D.R.C.approval only. Other issues may develop and will be addressed at building permit stage. ACKNOWLEDGE PRIOR TO C.D.B. A� P, 41 12/5/2013 16 D RC_ActionAgend a °EQUAL EmPLOYMENrT At \TD AFF1RMaTn %F. AMON b4Pmyu,° Land Resource Review Land Resource Review 1. Prior to CDB: Provide an accurate tree survey showing all existing trees. Specifically there are two oaks in the northwest corner of the property and three bottle brush trees along the north property line. Also trees within 25 feet of the property that may be impacted by the development/redevelopment must be addressed. 2. Prior to CDB: Provide a tree inventory conducted by an ISA Certified Arborist rating all trees on the site and any adjacent trees within 25 feet that may be impacted by development/redevelopment. The City of Clearwater uses a 0 -6 scale for rating trees. I can email a summary on this scale if needed. 3. Prior to CDB: Provide a Tree preservation plan (TPP) clarifying how the existing trees will be retained and protected in a viable and healthy state during and after the construction /redevelopment. The TPP must be developed by a certified arborist. TPPs typically clarify the location of any root pruning, tree barricades, etc. Specifically the asphalt by the 19 inch oak on the east property line is lifting /cracking presumably from roots. Clarify if and how this will be resurfaced and how damage to the tree and its root system will be mitigated. In the TPP clarify any /all crown raising needed for the proposed dumpster location under the existing tree canopy. Any and all pruning must be done by an ISA certified arborist. 4. Prior to CDB: Revise the proposed landscape plan so that the proposed landscape material meets City standards. Specifically palms must have a minimum of 10 feet clear trunk, not 8 or 6. 5. Prior to CDB: Clarify the dimension of the proposed landscape island. It appears to be 17 feet in width and this would be more appropriate for a shade tree or more than one palm. Or the site plan could be better revised to have additional landscape are added to the southwest buffer along Gulf to Bay to give the existing oaks more room as well as provide more buffering. 6. Prior to CDB: Revise the landscape plan to clearly and accurately show property lines and sight visibility triangles. 12/5/2013 17 DRC_ActionAgenda °EQoAL EMPLOYMENT AND AFFIRMATIVE AmON EMPLOYER" Planning Review Planning Review General Site Plan and Application Comments 1. Please provide all dimensions on site plan and /or plans that are to scale. 2. Please provide accurate existing tree survey prepared by ISA Certified Arborist. 3. Please provide more details regarding the proposed landscaping materials, number and location. 4. Please provide site signage package for one -way drive aisles and circulation through site. 5. Please provide the proposed materials used for the exterior of the building. 6. Please provide all required sight visibility triangles on the site and landscape plans. 7. Please describe how the dumpster enclosure will be consistent with the proposed building. 8. Section 1406.B.2 requires that drive -thru facilities for restaurants shall provide sufficient stacking distance to accommodate eight vehicles as measured from the first point of transaction; please provide information regarding how the proposed layout meets this requirement. General Applicability Criteria 9. Criterion One: Please be specific regarding the way in which the proposed use is in harmony with the character of adjacent properties. 10. Criterion Two: Describe how the proposed project is appropriate for the subject property and specifically how it will enhance the adjacent properties. 11. Criterion Three: Describe the specific ways in which the proposed development will not adversely affect the health and safety. 12. Criterion Four: Please provide specific information regarding the site layout, drive -thru stacking area and vehicular movements through the site reducing the potential traffic congestion. 13. Criterion Five: Please describe how the proposed use is consistent with community character. 14. Criterion Six: Describe the unique design of the site, specific hours of operation and how the new landscaping will minimize adverse effects of the proposed development. 12/5/2013 18 DRC_ActionAgenda "EQUAL EMPLOYMENT AND AFFIRhiaTINT, AC, ON EmPLOITRn Planning Review Flexibility Criteria: Comprehensive Infill Redevelopment 15. Criterion One: The application provides that the development is practical without deviations from the use set forth in the zoning district. Perhaps the Applicant was intending to state that the development is impractical without deviations from the parameters set forth in the zoning district, otherwise there would be no need to submit FLD application. 16. Criterion Two: Please provide specific information regarding the consistency with the Comprehensive Plan and General Purpose of the Commercial. Zoning District. 17. Criterion Three: Please describe how the development will not impede development of and improvement to surrounding properties. 18. Criterion Four: Describe how the surrounding properties will not be negatively impacted by the proposed development. 19. Criterion Five: Please provide specifics regarding anticipated number of jobs created by proposed development. 20. Criterion Six: While commentary regarding the proposed design of the building has been provided specifics regarding architectural elements being incorporated has not been addressed. Additionally, the Applicant is requesting reduced landscaping through the Comprehensive Landscaping Program and yet states that enhanced buffering will be provided as part of the proposed project. Flexibility Criteria: Comprehensive Landscaping Application 21. Criterion One: Architectural Theme; The submitted Landscaping Plan does not provide enough detail to show how the landscaping design is part of the architectural theme. 22. Criterion Two: Lighting; The submitted plan does not identify proposed site lighting. 23. Criterion Three: Community Character; Please provide specifics regarding how the proposed landscaping will enhance the community character. 24. Criterion Four: Property Values; Please provide specifics regarding the way in which the proposed landscaping will increase the property values. 25. Criterion Five: Special Area or Scenic Corridor Plan; Not Applicable. Stormwater Review 1. Additional conditions may be forth coming based on the responses to the above conditions or to new information not on hand at time of review 12/5/2013 19 DRC_ActionAgenda "EQUAL EMPLOYMENT AND _rjFFIRMATNF, AcfION E4tPL0YER° Traffic Eng Review Prior to Community Development Board: F,, . For the drive through, provide provide sufficient stacking distance to ccommodate eight vehicles as measured from the first point of transaction. Community Development Code Section 3 -1406 B.). Passenger vehicle ngth shall be 19' per AASHTO standards. . Provide typical parking dimensions for all regular and accessible parking �i stalls including drive aisle widths. 3. Please show pedestrian access from the front entrance of the building to ' the public sidewalk per Florida Building Code. V rior to Building Construction Permit: 1. Show 20' x 20' sight visibility triangles at the driveway. There shall be no objects in the sight triangle over the City's acceptable vertical height criteria at a level between 30 inches above grade and eight feet above grade. (City's Community Development Code, Section 3 -904). 2. Provide accessible parking stall and accessible sign details compliant with City standards. The details can be accessed through the City's web address below, please use Index No. 118 & 119. http: / /www. myclearvvater.com /gov /depts /pwa /eng in /P rod uction /stddet/index.as p 3. Please provide a copy of an approved right -of -way permit from FDOT for any work in the Gulf to Bay right -of -way prior to construction in the right -of- way. General Notes: 1. Applicant shall comply with the current Transportation Impact Fee Ordinance and fee schedule and paid prior to a Certificate of Occupancy (C.O.). The TIF amount for the new dunkin donuts is $13,251.67 2. DRC review is a prerequisite for Building Permit Review; additional comments may be forthcoming upon submittal of a Building Permit Application. 12/5/2013 20 DRC_ActionAgenda "EQUAL EMPLOYMENT A \TA AFF1RMkTn F. ACTION EMpLoYER° �v ,cJ &. r -14" - CITY OF CLEARWATER LQ; PLANNING & DEVELOPMENT DEPARniENT Posr OMT CE Box 4748, CM- ARWAUR, FLORmA 337584748 MUNICIPAL SER\RCES BUILDING, 100 SOuni MYRTLE AvENuE, CLEARWATER, FLoRmA 33756 E;�y, +' TELEPaoNE (727) 5624567 FAx (727) 5624865 November 5, 2013 STEVE SPENCER VIA FAX: PO BOX 306 INDIAN ROCKS BEACH, FL 33785 RE: FLD2013 -11041 -- 1840 GULF TO BAY BLVD -- Letter of Completeness Dear STEVE SPENCER: The Planning and Development staff has entered your application into the Department's filing system and assigned the case number: FLD2013- 11041. After a preliminary review of the submitted documents, staff has determined that the application is complete. The Development Review Committee (DRC) will review the application for sufficiency on December 5, 2013, in the Planning Department conference room -- Room 216 - on the second floor of the Municipal Services Building. The building is located at 100 South Myrtle Avenue in downtown Clearwater. You will be contacted by the Planning Department's Administrative Analyst within one week prior to the meeting date for the approximate time that your case will be reviewed. You or your representative (as applicable) must be present to answer any questions that the DRC may have regarding your application. Additional comments may be generated by the DRC at the time of the meeting. If you have any questions, please do not hesitate to contact me at 562- 4567x2855 or melissa.Hauck- Baker@myclearwater.com. Sincerely yours, Melissa Baker Planner II 11/5/2013 "EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER" Letter Of Completeness Inc. chitecture, er and AssOCA r FC B0x306 ,enc tn —atecture Rocks Beach, Florida 33785 Indian rjanning Consulting 7211449 - ,RCS(2724) S encer, NIX cell 7271504 -1175 Stephen J • p ember sgs @spencerarch:com, Step Architects M W American institute of A W WN spencerarch:cgm ,,,0003292 AR0014108 Municode Page 1 of 13 Clearwater, Florida, Community Development Code >> PART I - COMMUNITY DEVELOPMENT CODE >> ARTICLE 1. - GENERAL PROVISIONS >> ARTICLE 3. - DEVELOPMENT STANDARDS >> DIVISION 12. LANDSCAPINGITREE PROTECTION >> DIVISION 12. LANDSCAPINGITREE PROTECTION Section 3 -1201. Purpose. Section 3 -1202. General landscaping standards. Section 3 -1203. Scenic corridors. Section 3 -1204. Installation and maintenance. Section 3 -1205. Tree protection. Section 3 -1201. Purpose. It is the purpose of this division to establish minimum landscaping /tree protection standards in order to promote the preservation of existing tree canopies, to promote the expansion of that canopy and to promote the enhancement of the quality of existing and future development in the city. Section 3 -1202. General landscaping standards. A. Applicability. In general. All new landscaped areas shall be constructed in accordance with the standards in this division. 2. New uses. Any landscaped area serving a new use or a change of use shall satisfy the standards of this division. 3. Existing developed lots. Existing lots not meeting the requirements contained in this section shall be brought into full compliance under one or more of the following conditions: a• If an existing use is improved or remodeled in a value of 25 percent or more of the valuation of the principal structure as reflected on the property appraiser's current records. b• If an amendment, other than a minor amendment, is required to an existing approved site plan. C. If a parking lot requires additional landscaping pursuant to the provisions of Article 3 Division 14. 13. Plant material specifications. Except as provided in subsection (6) below, plant materials which are utilized to satisfy the landscaping required by this development code shall comply with the following minimum standards: 1 • Minimum plant material standards: PLANT IZE at installation QUALITYOTHER REQUIREMENTS http: // library. municode.comlprint.aspx?h= &amp;clientID= 13398 &amp;HTMRequest =htt... 1 11/14/2013 Municode Page 2 of 13 Shade 10' height Florida a. Use of live oak (City tree) is encouraged, Tree .5" caliper Grade however species diversity is preferred over 10 -19 2 1 monoculture. b. Must be planted a minimum of five feet from any impervious area. c. At least ten percent of the total number of trees shall be of a species which exhibits conspicuous flowering. Accent 8' height Florida 2 accent trees = 1 shade tree; unless overhead Tree " caliper Grade lines are unavoidable; no more than 25% of 1 required trees may be accent trees. Palm 10' clear trunk Florida an be used to satisfy 75% of tree requirement Tree Grade on Beach, Sand Key Et Island Estates, 25% 1 elsewhere in the City. Staggered clusters of 3 palm trees = 1 shade tree, except for specimen palm trees such as: phoenix canariensis (canary island date palm), phoenix dactylifera (edible ate palm) and phoenix reclinata (senegal date palm), which count as shade trees on a 1:1 ratio. Shrubs .) 18 -24" in height when used in a perimeter Florida Use of Hibiscus (City flower) is encouraged for buffer - planted every 36 ", (measured from the Grade non - required landscape plantings, especially enter of the shrub) providing a 100% #1 for accent marking at entrances and other continuous hedge which will be 36 ", high and points of high visibility. 80% opaque 12 months from the time a certificate of occupancy is received (excluding rives and visibility triangles where applicable) B.) 14 -24" in height when used for interior - planted every 30 " -36 ", respectively (measured from the center of the shrub) with a 3 gatton minimum Ground 1 gallon minimum - planted a maximum of 24" Florida Encouraged in lieu of turf to reduce irrigation Cover O.C. Grade needs. 1 Turf N/A Drought Turf areas should be consolidated and limited olerant o areas of pedestrian traffic, recreation and �arietiesjerosion control. 2• Required landscaping that incorporates existing trees, in particular any native plant material, is strongly encouraged and credit for the use of such materials shall be given against the requirements of this division. 3. Plant materials shall be those which are native to Central Florida, considered Florida - friendly plant materials, requiring minimal amounts of water, fertilizers and pesticides, and which are recommended in the Plant Guide of the Southwest Florida Water Management District are strongly encouraged. 4. A minimum variety of tree species shall be provided: each species shall provide a minimum of ten percent of the total number of trees. Total No. Minimum No. of Trees of Species 1 -9 1 10 -19 2 http: / /library.municode.com/ print. aspx? h =& amp; clientID = 13398 &amp;HTMRequest =htt... 11/14/2013 r Municode Page 3 of 13 5. No prohibited trees shall be installed in any required landscaped areas or elsewhere in the city. 6. The city manager may modify the size specifications of the trees required in this section only if the applicant for development approval demonstrates to the city manager that such size is not readily available in the market area and that the proposed landscaping treatment is equal to or superior to the landscaping which would have been provided with the larger trees. C. Irrigation. For multifamily and nonresidential properties an automatic permanent irrigation system providing complete water coverage for all required and other landscaping materials shall be provided and maintained as a fully functioning system in order to preserve the landscaping in a healthy growing condition. 2. If a single - family dwelling is required to install landscaping and an irrigation system is not installed to maintain that landscaping, then a hose bib shall be installed a maximum of 50 feet from the required landscaping. 3. All irrigation systems connected to the public potable water supply system shall include a backflow preventer at the service connection. 4. All irrigation systems shall be installed so as to minimize spray upon any impervious surface, such as sidewalks and paved areas. 5. All irrigation systems shall include a rain sensor /shut off device to avoid irrigation during periods of sufficient rainfall. 6. Underground irrigation shall not be installed within the driplines of existing trees unless root protection measures are provided. 7. If available, reclaimed water shall be used for irrigation purposes. D. Perimeter buffers. Except in the downtown or tourist districts, excluding the Old Florida District where landscaping requirements are defined in Beach By Design: A Preliminary Design for Clearwater Beach and Design Guidelines, or in designated scenic corridors with approved special plans, landscaping shall be installed in a perimeter buffer in accordance with the standards in this division and the following table: Perimeter landscaping requirements: PROPOSED USE ADJACENT USE NON- RESIDENTIAL ATTACHED DWELLINGS DETACHED DWELLING AND LIKE USES 12' min. wide buffer 10' min. wide buffer Detached dwelling 1 Tree /35' 1 Tree /35' 100% Shrubs 100% Shrubs 6' within 3 ears_ 6' within 3 ears T min. wide buffer 10' min. wide or 7' min. wide buffer Nonresidential ith decorative fence /wall 1' ' A ^ _ 1 Tree /35' UV I�Cm 9 i50.2 75 .2s http: // library. municode. com /print.aspx ?h= &amp;clientID= 13398 &amp;HTMRequest =htt... 11/14/2013 I C Municode Page 4 of 13 2. Front slopes of stormwater retention areas may comprise up to 50 percent of any required landscape buffer width, provided that the slope is 4:1 or flatter and all required shrub plantings are not more than six inches below the top of the bank and provided that the buffer width is at least five feet in width. 3. Notwithstanding the provisions in subsection (1) above, any parcel of land subject to the provisions of this division, which exceeds one acre in size, shall have a minimum perimeter buffer width of ten feet. 4. Notwithstanding the provisions in subsection (1) above, the required landscaping materials in a perimeter buffer may be increased if the prescribed landscaping has little buffering value for an adjacent less intensive use due to unusual topographic conditions or where other unique circumstances exist, such as swales, which merit special landscaping treatments. E. Interior landscaping. Minimum interior landscaping standards — parking lots: Landscaping for the interior of parking lots shall be provided in accordance with the following table: Paved Vehicular Use Area (sq. ft. ) 1 Tree /35' Size (sq. ft.) of Interior Island 100% Shrubs Required Trees /Plants in Interior Islands > 4,000 a. 10% of 100% Shrubs Attached dwellings and like uses 10' min. wide buffer 10' min. wide buffer 1 Tree /35' 1 Tree /35' curb to back of curb 100 %Shrubs —" 100% Shrubs ehicular 15' min. wiBZbuffe—rl 15' min. wide buffer Arterial or Collector Right -of -Way 1 Tre 35' 1 Tree /35' 100% Shrubs - 100% Shrubs 1`0' min. wwide buffer \ 10' min. wide buffer Local Street Right -of -Way 1 Tree /35' 1 Tree /35' gross 1 100% Shrubs 100% Shrubs 2. Front slopes of stormwater retention areas may comprise up to 50 percent of any required landscape buffer width, provided that the slope is 4:1 or flatter and all required shrub plantings are not more than six inches below the top of the bank and provided that the buffer width is at least five feet in width. 3. Notwithstanding the provisions in subsection (1) above, any parcel of land subject to the provisions of this division, which exceeds one acre in size, shall have a minimum perimeter buffer width of ten feet. 4. Notwithstanding the provisions in subsection (1) above, the required landscaping materials in a perimeter buffer may be increased if the prescribed landscaping has little buffering value for an adjacent less intensive use due to unusual topographic conditions or where other unique circumstances exist, such as swales, which merit special landscaping treatments. E. Interior landscaping. Minimum interior landscaping standards — parking lots: Landscaping for the interior of parking lots shall be provided in accordance with the following table: Paved Vehicular Use Area (sq. ft. ) Required Interior Island (sq. ft. Size (sq. ft.) of Interior Island Dimension of Interior Island Required Trees /Plants in Interior Islands > 4,000 a. 10% of 150 sq. ft. minimum 8' greenspace from back of 1 Tree /island min. (unless gross curb to back of curb existing trees are being ehicular preserved to meet interior use area tree requirement) or 12% of 1 Tree/ 150 square feet of gross required greenspace vehicular Shrubs: 50% required area if greenspace parking Groundcover shall be utilized paces for required greenspace in are lieu of turf greater than or http: / /library.municode.coml print. aspx? h =& amp; clientID = 13398 &amp;HTMRequest =htt... 11/14/2013 Municode Page 5 of 13 2. Foundation plantings shall be provided for 100 percent of a building facade with frontage along a street right -of -way, excluding space necessary for building ingress and egress, within a minimum five -foot wide landscaped area composed of at least two accent trees (or palm equivalents) or three palms for every 40 linear feet of building facade and one shrub for every 20 square feet of required landscaped area. A minimum of 50 percent of the area shall contain shrubs with the remainder to be ground cover. F. Fences and walls. If a fence or wall in the front setback for any use exceeds 36 inches, landscaping shall be provided on the right -of -way side of the fence or wall (but not within the right -of -way) or vines shall be installed at intervals along the entire fence or wall, appropriate to the species, sufficient to provide coverage at maturity. uomprenensive ianascaprng program. i ne ianascaping- requirements -oT -iris aivislon -may -I waived or modified as a part of a Cevel One or'Lvel`Two approval; as the - case - may -be, if the application for development approval includes a comprehensive landscape program which satisfies the following criteria: 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. http: / /library.municode.com/ print. aspx? h =& amp; clientID = 13398 &amp;HTMRequest =htt... 11/14/2013 Municode Page 6 of 13 The design, character, location and /or materials of the landscape treatment proposed in the comprehensive landscape program shall be demonstrably more attractive than landscaping otherwise permitted on the parcel proposed for development under the minimum landscape standards. ��� j l(rl 0 Lighting. Any lighting proposed as a part of a comprehensive landscape program is automatically controlled so that the lighting is turned off when the business is closed. 3. Community character. The landscape treatment proposed in the comprehensive landscape program will enhance the community character of the City of Clearwater. 4. Property values. The landscape treatment proposed in the comprehensive landscape program will have a beneficial impact on the value of property in the immediate vicinity of the parcel proposed for development. 5. Special area or scenic corridor plan. The landscape treatment proposed in the comprehensive landscape program is consistent with any special area or scenic corridor plan which the City of Clearwater has prepared and adopted for the area in (fA which the parcel proposed for development is located. (Ord. No. 6526 -00, § 1, 6- 95-00; Ord. No. 6928 -02, §§ 53; 54, 5 -2 -02; Ord. No. 7576 -06, § 3, 2 -2 -06; Ord. No. 7631- 06; § 15, 11 -2 -06; Ord. No. 7835 -07, § 15, 1- 97 -08; Ord. No. 8070 -09, § 8, 12 -3 -09) Section 3 -1203. Scenic corridors. A. Purpose. The purpose of designating primary and secondary scenic corridors is to establish areas in the city which have particular significance, in terms of tourism, economic development or community character, and which therefore should have enhanced and differentiated landscaping requirements. It is anticipated that specific corridor plans will be approved by the city commission for each corridor and that when such plans are adopted, they shall constitute the requirements for landscaping along these corridors. B. Primary corridors. 1 • Bayshore Boulevard 2. Belcher Road 3. Causeway Boulevard 4. Chestnut Street 5. Cleveland Street 6. Coronado Drive 7. Court Street 8. Courtney Campbell Causeway 9. Druid Road 10. East Shore Drive 11. Fort Harrison Avenue 12. Gulf Boulevard 13. Gulf to Bay Boulevard 14. Gulfview Boulevard 15. Hamden Drive 16. Mandalay Avenue 17. Marianne Street 18. McMullen -Booth Road 19. Memorial Causeway http: // library. municode. com / print. aspx? h =& amp; clientID = 13398 &amp;HTMRequest =htt... 11/14/2013 Municode 20. Missouri Avenue 21. Pierce Boulevard 22. Poinsetta Street 23. State Road 580 24. U.S. 19 C. Secondary corridors. 1 • Bayshore Drive 2• Belleair Road 3. Countryside Boulevard 4. Curlew Road 5• Drew Street 6. East Avenue 7. Edgewater Drive 8. Enterprise Road 9• Hampton Road 10. Hercules Avenue 11. Highland Avenue 12• Keene Road 13. Lakeview Road 14. Landmark Drive 15. Myrtle Avenue 16. Northeast Coachman Road 17. Nursery Road 18. Old Coachman Road 19• State Road 590 20. Sunset Point Road Section 3 -1204. installation and maintenance. Page 7 of 13 A. All required landscaping shall be installed in accordance with an approved landscape plan, including all specified conditions to a particular development approval, and inspected prior to the issuance of a certificate of occupancy. In the event there are any changes to the approved landscape plan, such changes must be reviewed and approved and noted on the plan prior to notification for the final inspection for a certificate of occupancy. B• All landscaped areas must be covered with shrubs, ground cover, turf, three inches of organic mulch or other suitable material which permits percolation. Where mulch is used, it must be protected from washing out of the planting bed. Inorganic mulch, such as gravel or rock, should only be used where washouts occur. Plastic sheets shall not be installed under mulches. C. Trees which are balled and burlapped must have the burlap removed or folded down at the time of planting. All twine or rope must be removed. If wire baskets are used, the upper rows must be cut before planting. If stakes or guy wires are used to support a tree, the wire must be covered with protective material where it is in contact with the tree and the stakes or guy wires must be removed after one year. D. http: // library. municode. com /print.aspx ?h= &amp;clientID= 13398 &amp;HTMRequest =htt... 11/14/2013 Municode Page 8 of 13 All landscaping required by this division must be protected from vehicular and pedestrian traffic by the installation of curbing and wheel stops, or other protective devices along the perimeter of any landscaping which adjoins vehicular use areas or sidewalks. These protective devices shall have a minimum height of six inches above grade. E. Landscaping shall be installed in a manner which minimizes conflicts between the landscaping and signage and utilities. F. No parking, display of vehicles or outdoor storage or display of merchandise is permitted in or over any required landscaped area, nor are vehicles permitted to overhang any required landscaped area. G. Soil in which required landscaping is to be installed must be generally indigenous to the locale. Soil must be loose, friable and free of limestone and other construction materials, roadbase material, rocks, weeds, grasses, hardpan clay or other debris. pH shall be adjusted where necessary to be compatible with the plant species being installed. Soil shall be slightly swaled to retain surface stormwater. Backfill soil material shall be thoroughly watered in and around plant root balls to prevent any air pockets. The use of amended and enriched soils may be required where necessary to increase the water retention capabilities of soils in order to reduce the amount of watering needed to meet the landscaping's water requirements. H. To minimize traffic hazards, at street or driveway intersections, all landscaping installations must provide unobstructed views in accordance with the sight triangle requirements in Article 3, Division 9. 1. The owner and tenant, if any, are jointly and severally responsible for the regular and continuous maintenance and protection of all required landscaping, including the irrigation system, which shall be maintained in a healthy growing condition so as to present a neat and orderly appearance, free from refuse, debris and weeds. J. Required shade trees planted shall not be topped, shaped or severely pruned, but must be allowed to grow to maturity and attain their natural form so that crown development is not inhibited. K. All landscaping near public sidewalks must be maintained to allow unobstructed passage of pedestrians. L. Dead, declining, missing and diseased plant material shall be replaced with healthy material of similar type in keeping with the landscaping requirements at the time of original planting and in accordance with the approved landscape plan. M. Landscaping will be inspected periodically by the City, but not less frequently than every three years to ensure that proper maintenance is provided. (Ord. No. 6526 -00, § 1, 6- 15 -00; Ord. No. 6928 -02, § 55, 5 -2 -02) Section 3 -1205. Tree protection. A. Removal permit — Required. No person may remove or cause to be removed any protected tree or any palm with a ten -foot clear and straight trunk without first having procured a permit as provided in Article 4, Division 12. B. Criteria for issuance of a removal permit. I • No permit shall be granted for the removal of a specimen or historic tree. 2. In determining whether or not a required removal permit shall be granted, the community development coordinator shall consider the following: a• The condition and location of the protected tree, specimen tree stand, or palm with respect to species, tree structure, competition, disease, insect attack, http: / /library.municode.com/ print. aspx? h =& amp; clientID = 13398 &amp;HTMRequest =htt... 11/14/2013 Municode Page 9 of 13 danger of falling, proximity to existing or proposed structures and interference with utility services. b. Protected trees, specimen tree stands, and palms shall be preserved to the maximum extent possible and reasonable flexibility in the design of permitted uses shall be granted, within the parameters of the zoning district within which the property is located, in order to ensure such preservation. C. Whether protected trees or palms can be successfully relocated on -site in order to accommodate the proposed development. d• If a protected tree or palm must be removed in order to permit an economic use of the property which would otherwise be permitted, the applicant must give the city a reasonable opportunity to relocate the tree to another site in accordance with the provisions of Section 3- 1205(C) and replace protected trees on -site in accordance with the provisions of Section 3- 1205(D) or pay into the city's tree bank for every protected tree that is removed in accordance with the provisions in Section 3- 1205(D). 3. Expiration. Tree removal permits shall be valid for a period of six months from the date of issuance. Extensions may be granted by the community development coordinator or designee for good cause. C. Relocation by city or county. The applicant for a tree removal permit may authorize the city to enter upon the property and remove a tree or palm at the city's expense prior to the owner's proposed removal, if in the opinion of the city manager, such tree is of sufficient value to warrant relocation by the city. The city manager, in deciding whether to accept or reject such a donation, shall consider the tree's physical condition, health or other circumstances, such as potential damage to utility lines, that may be anticipated to occur during such relocation as well as the city's need for the proposed donation. Such donated trees will be utilized for landscaping on public lands or as otherwise determined by the city manager. D. Tree and palm requirements and replacements. Tree and palm replacements shall be in compliance with Section 3- 1202(8)(1) and the following: 1 Attached dwellings and non - residential properties. The total amount of DBH removed from a multi - family or non - residential site shall be replaced on an inch - for -inch basis. 2. Single- family detached dwelling and two- family attached dwelling properties. The following shall govern the minimum number of trees that shall be required on a single - family or two- family lot. Required Number of Trees on Single—Family and Two-Famil y Lots Lot Size (square footage) Number of Required Trees Less than 5,000 5,000- 10,000 10,001- 15,000 Over 15,001 18 3. When the community development coordinator determines that there is not sufficient space available to replace the equivalent of all protected trees on -site in accordance http: // library. municode. com / print. aspx? h =& amp; clientID = 13398 &amp;HTMRequest =htt... 11/14/2013 Municode Page 10 of 13 with these requirements, the remaining DBH deficit shall be met by paying a fee of $48.00 per inch of DBH to the tree bank. The community development coordinator may determine that certain protected trees are not required to be replaced based on certain criteria, including but not limited to, species, health, hazards, or other conditions. 4. Monies paid to the tree bank in this manner shall be used for tree planting projects on public lands within the city and for other urban forestry enhancement projects designated by the city manager. 5. Conditions and specifications. a• Characteristics. The replacement trees shall have at least equal shade potential, screening properties and other characteristics comparable to those of the trees for which a removal request has been submitted. The specific locations and design of required replacement trees shall be in accordance with proper urban forestry practices and as approved by the city manager. b. Size. Replacement trees shall be in compliance with the size and quality standards set forth in Section 3- 1202.6.1. C. Species. The city may require that the species of the replacement trees be the same as those for which removal is being requested, or may require such replacement trees to be of a species native to the West Central Florida area. Exotic, "naturalized" trees or palms may be used to meet replacement requirements only with the consent of the city manager. d. Native understory plant and enhanced tree protection credit. Native vegetation such as ground cover, shrubs and small trees growing as understory plants to large shade trees are often critical to the survival of a tree that is to remain after development. Therefore, to promote the survival of protected trees after construction, the city manager may reduce the total tree replacement requirements by ten percent if native understory vegetation is allowed to remain within allotted green areas around the subject trees and /or enhanced tree protection methods are utilized such as chain link fence barricades, root aeration systems, cabling and bracing, mulching, fertilization and water during construction activities. The city manager may allow such reduction only upon a determination that the understory vegetation contains valuable native plants that are desirable in an urban environment, and will significantly enhance the subject trees' chance of survival. Native vegetation utilized to meet tree replacement requirements will be noted on an approved site plan by size, species and total area covered. In addition, the native plant material will be maintained in a healthy growing condition, and replaced by comparable plants approved by the city manager should the plants decline. e. Credit for required landscaping. Any landscaping required to be installed by Section 3 -1202 or 3 -1203 may be used as credit against tree replacement requirements. r Credit for undeveloped multi - family and commercial property. Twenty -five percent of the DBH of the trees existing on an undeveloped property zoned MHDR, HDR, or any commercially designated property shall be permitted to be removed with no requirements for tree replacements. This removal allowance may be used only one time on any particular site. 9- Waiver of replacement trees'specifications. The community development director may waive the characteristics, or species, of the replacement trees http: // library. municode. comlprint.aspx ?h= &amp;clientID= 13398 &amp;HTMRequest =htt... 11/14/2013 Municode Page 11 of 13 only if the applicant for development approval demonstrates to the community development coordinator that such size is not readily available in the market area and that the proposed landscaping treatment with replacement trees is equal to or superior to the landscaping which would have been provided with the larger trees. h. Waiver of replacement requirements for public utilities projects. The community development coordinator may exempt the city from the tree replacement requirements solely for public utilities projects. E. Protective barrier requirements and protection during construction activities. A protective barrier shall be place around all protected trees prior to land preparation or construction activities according to the following: a• At or greater than the full dripline of all species of mangroves and sabal palm trees; b• At or greater than the full dripline of all protective native pine trees and other conifer tree species; C. At or greater than two- thirds of the dripline of all other protected species; d• At or greater than the full dripline of trees within a specimen tree stand. 2. Protective barriers are to be constructed using no less than two -inch by two -inch lumber of upright posts. Upright posts are to be at least four feet in length with a minimum of one foot anchored in ground and three feet above ground. Upright posts are to be placed at a maximum distance of eight feet apart. Horizontal rails are to be constructed using no less than one inch by four inch lumber and shall be securely attached to the top of the upright post. The community development coordinator must approve any variation from the above requirements. 3. Whenever a protective barrier is required, it shall remain in place until all construction activity is terminated. The area within the barrier limits shall remain undisturbed by any activity during construction. Native ground cover and understory vegetation existing within the barriers shall remain throughout construction. Exotic plant species may be removed providing written consent is obtained from the community development coordinator. Plant species removed with the consent of the coordinator may be removed only by manual labor utilizing hand tools or by other approved methods. 4. Prior to the erection of any required protective barrier, all surface foreign material, trash or debris shall be removed from the area to be enclosed by the barrier, and after erection of the barrier no such material or litter shall be permitted to remain within the protected area. No equipment, chemicals, soil deposits or construction materials shall be placed within such protective barriers. 5. Large areas on a development site, where land preparation and construction activities will not occur, or where heavy machinery will not venture, shall not require protective barriers as otherwise required by Section 3- 1205(E)(1) above. Such areas shall be delineated at the point of interface, using a woven fabric ribbon or other materials approved by the community development coordinator. Approved materials shall be attached to two -inch by two -inch upright posts. Upright posts shall be made of wood or other suitable material approved by the community development coordinator, be at least four inches in height and be spaced no more than 50 feet apart. No ropes or ribbons shall be attached to any protected tree. The community development coordinator shall make the final determination as to the location of the protective barrier. http: / /library.municode.com/ print. aspx? h =& amp; clientID = 13398 &amp;HTMRequest =htt... 11/14/2013 Municode Page 12 of 13 6. No signs, building permits, wires or other attachments of any kind shall be attached to any protected tree or palm. Guy wires designed to protect trees are excluded, however, from this prohibition. 7. At all times, due care shall be taken to protect the critical root zone of trees protected by this section, and root pruning requirements shall apply to such trees. F. Proper tree care; prohibited tree pruning. When construction activities affect protected trees so that the critical root zoned is disturbed, or when pruning must be performed on a tree's crown, adherence to the following arboricultural techniques is required: a• When the critical root zone will be disturbed, affected roots must be severed by clean pruning cuts at the point where construction impacts the roots. Roots can be pruned by utilizing trenching equipment designed for this purpose or by hand digging a trench and pruning roots with a pruning saw, chain saw or other equipment designed for tree pruning. Roots located within the critical root zone that will be impacted by construction must be pruned to a depth of 18 inches below the existing grade or to the depth of disturbance if less than 18 inches from the existing grade. When underground utility lines are to be installed within the critical root zone, the root pruning requirements may be waived if the lines are installed via tunneling or directional boring as opposed to open trenching. b• When pruning lateral branches of protected trees, the proper pruning techniques as described herein, must be followed. Flush cuts (pruning cuts that remove the branch collar) and stub cuts (cuts that leave a stub on the tree) are improper pruning techniques. Any tree that has been improperly pruned will not be recognized as a tree left on the property in a healthy growing condition; and therefore will not be utilized to meet tree replacement requirements. 2. It shall be unlawful to remove from a protected tree more than 30 percent of a tree's foliage during a period of one year. 3• It shall be unlawful to perform the techniques of topping or other pruning techniques that remove the vertical leader stems of protected trees except to the extent permitted by this section. 4. When trees must be topped, such as in instances where there is interference with overhead wires or nearby structures, a tree removal permit shall first be obtained. The community development coordinator will determine if the tree can tolerate the necessary pruning, or if the tree should be removed. The community development coordinator will indicate on the permit that the removal of the tree will be permitted, or will modify the permit to allow the necessary pruning, or may deny the permit. 5. When determining whether more than the allowed 30 percent of a tree's crown has been pruned, the community development coordinator shall use the following information to make a decision: a• The quantity and diameter of vertical stems pruned; b• Typical crown characteristics of the affected tree species; C. Aerial photographs or other recent photographs that would indicate the tree's appearance prior to pruning; d• Testimonials from eyewitnesses as to the tree's former appearance; e. Remains of foliage debris on the site. Q http: // library. municode. com /print.aspx ?h= &amp;clientID =133 98 &amp;HTMRequest =htt... 11/14/2013 Municode Page 13 of 13 Based on the above information, a written report shall be prepared citing all evidence used to support the claim of violation. The violation shall be treated as an illegal tree removal and process accordingly. G. Protection of tree trunks. It shall be unlawful to use tree spikes or other devices that damage tree trunk tissue of protected trees. (Ord. No. 6417 -99, § 8, 8- 19 -99; Ord. No. 6526 -00, § 1, 6- 15-00; Ord. No. 6928 -02, §§ 56-60, 5 -2 -02, Ord. No. 7835 -07, § 16, 1- 17 -08, Ord. No. 8349 -12, § 32, 9 -6 -12) http: // library. municode. com / print. aspx? h =& amp; clientID = 13398 &amp;HTMRequest =htt... 11/14/2013 I r i., � ��,�.� y�. �� � ° �`� I I v;, � o �I 1,2-c)c),b — 11((. (213 2- K,e-A. 2, 3 lk.3t - ;411�. 5: 2, 6 1 I o 2f-O c C> COMMERCIAL CLASSIFICATION — (cont'd) Z3.3,OCategory /Symbol —Commercial General (CG) Purpose — It is the purposes of this category 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. Use Characteristics — Those uses appropriate to and consistent with this category include: • Primary Uses — Office; Personal Service /Office Support; Retail Commercial; Commercial /Business Service; Transient Accommodation; Wholesale /Distribution; Storage/Warehouse. • Secondary Uses — Commercial Recreation; Residential Equivalent; Institutional; Transportation /Utility; Accessory Residential Dwellings. Locational Characteristics — This category is generally appropriate to locations in and adjacent to major employment centers where surrounding land uses support and are compatible with intensive commercial use; and in areas in proximity to and with good access to major transportation facilities, including mass transit. General commercial uses should not be located on road segments between two sequential intersections of traffic facilities, shown on the MPO Long Range Highway Plan, unless more than 50 percent of the total road frontage is developed as existing permanent commercial development. Standards — Shall include the following: Residential Equivalent Use — Shall not exceed a density of 50 beds per acre. [10 -18] Transient Accommodation Use — Shall not exceed: (1) forty (40) units per acre; or (2) in the alternative, if designated on the Zoning Atlas with the Transient Accommodation Use Overlay, the following density and intensity standards shall apply to permanent transient accommodation uses, subject to a project meeting the requirements of Section 138- 1262(d) of the Pinellas County Land Development Code (which include execution of a development agreement): sixty (60) units per acre; a floor area ratio (FAR) of 1.2; and an impervious surface ratio (ISR) of 0.90. [08-681,[10-18] Nonresidential Use — Except as provided for in the above standards for transient accommodation use, shall not exceed a floor area ratio (FAR) of.35; for appropriate storage /warehouse uses as defined by the Zoning Regulations, the FAR shall not exceed 0.50; shall not exceed a maximum impervious surface ratio (ISR) of 0.90. [08 -68] See `Additional Standards' section of this table. Zoning Compatibility - The following zoning districts are compatible with the Commercial General (CG) land use category: C -1 Neighborhood Commercial District C -2 General Retail Commercial and Limited Services District C -3 Commercial, Wholesale and Warehousing District P -1 General Professional Office District P -1A Limited Office District CP -1 Commercial Parkway District CP -2 Commercial Parkway District C -T Overlay Transient Accommodation Use Overlay DCA 10-01 / ORD. 10 -18 / 3 -16 -10 C� oaf p�, 6 o\ , - I" A, 3 �. �. I FLUM Categories, Descriptions & Rules 25 1, Municode Section 1 -103. General purposes. Page 1 of 2 A. It is the purpose of this Development Code to implement the Comprehensive Plan of the city; to promote the health, safety, general welfare and quality of life in the city; to guide the orderly growth and development of the city; to establish rules of procedure for land development approvals; to enhance the character of the city and the preservation of neighborhoods; and to enhance the quality of life of all residents and property owners of the city. B. It is the purpose of this Community Development Code to create value for the citizens of the City of Clearwater by: 1 Allowing property owners to enhance the value of their property through innovative and creative redevelopment; 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; and 3. Strengthening the city's economy and increasing its tax base as a whole. C. It is the further purpose of this Development Code to promote economic development, neighborhood revitalization, and regional cooperation to sustain efforts through which development will protect regionally significant water and other environmental resources. D. It is the further purpose of this Development Code to make the beautification of the city a matter of the highest priority and to require that existing and future uses and structures in the city are attractive and well- maintained to the maximum extent permitted by law. E. It is the further purpose of this Development Code to: 1 Provide for adequate light, air and privacy; secure safety from fire, flood and other damage; prevent overcrowding of the land and undue congestion of population; and improve the quality of life for the citizens of the city; 2. Protect the character and the social and economic stability of all parts of the city through the establishment of reasonable standards which encourage the orderly and beneficial development of land within the city; 3. Protect and conserve the value of land throughout the city and the value of buildings and improvements upon the land, and minimize the conflicts among the uses of land and buildings; 4. Provide the most beneficial relationship between the uses of land and buildings and the circulation of traffic throughout the city, with particular regard for safe and efficient vehicular and pedestrian traffic movement; 5. Preserve the natural resources and aesthetic character of the community for both the resident and tourist population consistent with the city's economic underpinnings; 6. Provide for open spaces through efficient project design and layout that addresses appropriate relationships between buildings on the project site and adjoining properties, including public rights -of -way and other public places; 7• Protect and improve the quality of water resources and wetlands in both interior and coastal areas and preserve floodplains, drainageways, and other natural areas having beneficial hydrological characteristics and functions; $• Establish zoning districts of a size, type, location and with standards that reflect the existing and desirable characteristics of a particular area within the city; http: // library. municode. com / print. aspx? h =& amp; clientID = 13398 &amp;HTMRequest = http... 12/4/2013 v' 10 � Municode Page 2 of 2 9. Establish permitted uses corresponding with the purpose and character of the respective zoning districts and limit uses within each district to those uses specifically authorized; 10. Establish use limitations for specified uses consistent with the zoning district in which they are allowed and the particular characteristics of such specified uses; 11. Enumerate density, area, width, height, setback, coverage and like requirements for each district, and make appropriate distinctions between categories of use within districts, based on the general purposes of this article, the Comprehensive Plan, and existing and desired community characteristics; and 12. Coordinate the provisions of this Development Code with corollary provisions relating to parking, fences and walls, signs, and like supplementary requirements designed to establish an integrated and complete regulatory framework for the use of land and water within the city. (Ord. No. 6526 -00, § 1, 6- 15-00; Ord. No. 8310 -12, § 11 2 -2 -12) Section 1 -104. Jurisdiction and applicability. A. This Development Code shall govern the development and use of land and structures within the corporate limits of the city. B. No building, structure, water or land shall be used or occupied, and no building, structure, or land shall be developed unless in conformity with all of the provisions of the zoning district in which it is located, all applicable regulations, and all development approvals. Section 1 -105. Comprehensive plan. The Comprehensive Plan of the City of Clearwater is the official statement of policy of the city in regard to the use of land and all use or development of land undertaken pursuant to this Development Code shall be consistent with the Comprehensive Plan. Section 1 -108. Future land use map. A. Countywide consistency. Applications for development approval shall be consistent with the provisions of this Community Development Code and the Countywide Future Land Use Plan as required by state law. Development potential is based on the applicable zoning district and as permitted by the Countywide Future Land Use Plan Designation. In cases where there is a difference between the density permitted in the zoning district and that which is permitted by the land use classification, the more restrictive shall prevail. In addition, uses of land shall be consistent with uses permitted in the assigned zoning district as well as the uses permitted by the Countywide Future Land Use Plan Designation. B. Map adjustments. Plan map boundary adjustments for Water /Drainage Feature, Preservation and Recreation /Open Space categories may be made by the Community Development Coordinator provided that such map adjustments are consistent with a jurisdictional boundary determination under state agency rules which is consistent with such rules; or are consistent with an approved site or project plan for a body of water or drainage feature; or are consistent with the purpose and characteristics of the particular category being adjusted and are based upon a finding of appropriateness by the Community Development Coordinator that such adjustment is de minimis in extent and effect. (Ord. No. 8070 -09, § 1, 12 -3 -09) http://Iibrary.municode.com/print.aspx?h=&amp;clientlD=l 3 3 9 8 &amp;HTMReque st= http... 12/4/2013 COMMERCIAL CLASSIFICATION — (cont'd) Category /Symbol — Commercial General (CG) Purpose — It is the purposes of this category 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. Use Characteristics — Those uses appropriate to and consistent with this category include: Primary Uses — Office; Personal Service /Office Support; Retail Commercial; Commercial /Business Service; Transient Accommodation; Wholesale /Distribution; Storage/Warehouse. Secondary Uses — Commercial Recreation; Residential Equivalent; Institutional; Transportation /Utility; Accessory Residential Dwellings. Locational Characteristics — This category is generally appropriate to locations in and adjacent to major employment centers where surrounding land uses support and are compatible with intensive commercial use; and in areas in proximity to and with good access to major transportation facilities, including mass transit: General commercial uses should not be located on road segments between two sequential intersections of traffic facilities, shown on the MPO Long Range Highway Plan, unless more than 50 percent of the total road frontage is developed as existing permanent commercial development. Standards — Shall include the following: Residential Equivalent Use — Shall not exceed a density of 50 beds per acre. 110 -181 Transient Accommodation Use — Shall not exceed: (1) forty (40) units per acre; or (2) in the alternative, if designated on the Zoning Atlas with the Transient Accommodation Use Overlay, the following density and intensity standards shall apply to permanent transient accommodation uses, subject to a project meeting the requirements of Section 138- 1262(d) of the Pinellas County Land Development Code (which include execution of a development agreement): sixty (60) units per acre; a floor area ratio (FAR) of 1.2; and an impervious surface ratio (ISR) of 0.90. [08-681,[10-181 Nonresidential Use — Except as provided for in the above standards for transient accommodation use, shall not exceed a floor area ratio (FAR) of.35; for appropriate storage /warehouse uses as defined by the Zoning Regulations, the FAR shall not exceed 0.50; shall not exceed a maximum impervious surface ratio (ISR) of 0.90. I08 -681 See `Additional Standards' section of this table. Zoning Compatibility - The following zoning districts are compatible with the Commercial General (CG) land use category: C -1 Neighborhood Commercial District C -2 General Retail Commercial and Limited Services District C -3 Commercial, Wholesale and Warehousing District P -1 General Professional Office District P -1A Limited Office District CP -1 Commercial Parkway District CP -2 Commercial Parkway District C -T Overlay Transient Accommodation Use Overlay DCA 10 -01 / ORD. 10 -18 / 3 -16 -10 FLUM Categories, Descriptions & Rules 25 h�� 12 7-12- / 1 0(�)6 \"q C, c-'-ork ov\ 1 � 0 C� Li CU [- I � C, ��MA d-T) VAhk `2� 1 v� � r mom Izf C-1 0 113 T-u&l ( 3 W� ;6 G6, s GG7 GL� GC.7 GG, .pz� tj9) 23, it2 3 Active Inspections/Workflow Engineering Review Scheduled Status Disp Done By 10/25/2013 10/25/2013 FAX: Scheduled Status Permit Verification Scheduled Status Disp Done By 10/31/2013 110/31/2013 Route to Review Jordan Planning Review Scheduled Status Disp Done By 10/25/2013 10/25/2013 Disp Done By Completed Inspections/Workflow OWNER BUILDER PHONE: Application Submittal FAX: Scheduled Status Disp Done By 10/25/2013 10/25/2013 Route to Review Jordan Fire Review Scheduled Status Disp Done By 10/3112013 10/25/2013 Revision Needed Keller PEOPLE Name Phone /Fax { Role: Owner - Builder OWNER BUILDER PHONE: FAX: PRIMARY OWNER CARLOS A PEREZ PHONE: 4054120738 400 CEDAR ST FAX: 33755 -3004, CLEARWATER FL 6(j �Alg- , (�1�7 / 2o 2g3.�5 ISR .`10 InfoSummary Property Appraiser General In' nation Page 1 of 5 r Interaztive Map of this parcel Sales Query Back to Query Results New Search Tax Collector Home Page Contact Us WM Portability Calculator 13- 29 -15- 00000 - 230 -0400 Online Property Record Card Data Current as of November 01, 2013 Print Radius Improvement Value Search per F.S. 553.844 Ownership/Mailing Ownership/Mailing Address Site Address C T S HOLDINGS OF PINELLAS Homestead Use Percentage: 0.00% LLC 1840 GULF TO BAY BLVD 4830 W KENNEDY BLVD STE 300 CLEARWATER 33765 - TAMPA FL 33609 -2521 Historic: No Prope , Use: 1122 (Convenience Store (7 -11, Circle K, drive through)) =In Living Units: 0 [click here to hide] 2013 Legal Description FROM SW COR OF NW 1/4 RUN E 410 FT(S) TH N 50 FT TO POB TH N 150 FT TH E 135 FT TH S 150 FT TH W 135 FT TO POB 2013 Exemptions 8 File for Homestead Exemption 2013 Parcel Use Just/Market Homestead Use Percentage: 0.00% Homestead: No Government: No Non - Homestead Use Percentage: 100.00% Classified Agricultural: No Institutional: No Historic: No Recording 2013 Parcel Information 2013 Trim Notice IL 17748/0504 ® 11 Sales Query 12103026602 NON EVAC 2013 Preliminary Value Information Year Save -Our- Just/Market Assessed Value/ Coun Homes cap Value SOH Cap Taxable Value 2013 No $362,000 $362,000 $362,000 School Municipal Taxable Taxable Value Value $362,000 $362,000 [click here to hide] Value History as Certified (yellow indicates correction on file) Year Save -Our- Just/Market Evacuation Zone Coun Most Recent Sales Census Homes Cap Plat Recording Comparison Tract (NOT the same as a FEMA Book/Page $362,000 $362,000 $362,000 $362,000 Flood Zonel $361,500 IL 17748/0504 ® 11 Sales Query 12103026602 NON EVAC 2013 Preliminary Value Information Year Save -Our- Just/Market Assessed Value/ Coun Homes cap Value SOH Cap Taxable Value 2013 No $362,000 $362,000 $362,000 School Municipal Taxable Taxable Value Value $362,000 $362,000 [click here to hide] Value History as Certified (yellow indicates correction on file) Year Save -Our- Just/Market Assessed Value/ Coun School Municipal Homes Cap Value SOH Cap Taxable Value Taxable Value Taxable Value 2013 No $362,000 $362,000 $362,000 $362,000 $362,000 2012 No $361,500 $361,500 $361,500 $361,500 $361,500 2011 No $365,000 $365,000 $365,000 $365,000 $365,000 http: / /www.pcpao.org /general.php ?strap= 152913000002300400 11/l/2013 Property Appraiser General In` nation Page 2 of 5 2010 No $394,000 $394,000 $394,000 $394,000 $394,000 2009 No $450,000 $450,000 $450,000 $450,000 $450,000 2008 No $471,400 $471,400 $471,400 $471,400 $471,400 2007 No $477,000 $477,000 $477,000 N/A $477,000 2006 No $495,300 $495,300 $495,300 N/A $495,300 2005 No $442,900 $442,900 $442,900 N/A $442,900 2004 No $399,500 $399,500 $399,500 N/A $399,500 2003 No $386,700 $386,700 $386,700 N/A $386,700 2002 No $323,500 $323,500 $323,500 N/A $323,500 2001 No $321,400 $321,400 $321,400 N/A $321,400 2000 No $329,200 $329,200 $329,200 N/A $329,200 1999 No $325,500 $325,500 $325,500 N/A $325,500 1998 No $321,100 $321,100 $321,100 N/A $321,100 1997 No $335,600 $335,600 $335,600 N/A $335,600 1996 No $336,300 $336,300 $336,300 N/A $336,300 2012 Tax Information Ranked Sales (what are Ranked sales ?) See all Click Here for 2013 Tax Bill Tax District: CW transactions 2013 Final Millage Rate 21.4949 Sale Date Book/Page Price O/U V/I 2013 Est Taxes w/o Cap or 781 $7,.15 28 May 13611/ ® $568 ' 000 U I Exemptions 2004 1952 A significant change in taxable value may occur 24 Dec 10351/ $394,700 Q I when sold due to changes in the market or the 1998 2026 removal of exemptions. Click here for more 02 Oct 07393/ $469,700 Q I information. 1990 0136 Jul 1983 05557/ $161,500 M 0909 0 2013 Land Information Seawall: No Frontage: None View: Land Unit Total Land Use Units Adiusted Method Size Value Adiustments Value Stores, 1 Story 135x150 13.00 20250.0000 1.0000 $263,250 SF (11) [click here to hide] 2013 Building 1 Structural Elements Back to Top Site Address: 1840 GULF TO BAY BLVD CLEARWATER 33765- Quality: Average Square Footage: 882.00 Foundation: Continuous Footing Floor System: Slab On Grade http: / /www.pcpao.org /general.php ?strap= 152913000002300400 11/1/2013 Property Appraiser General In' nation Exterior Wall: Siding Average Roof Frame: Bar Joint/Rigid Frame Roof Cover: Blt Up Metal /Gypsum Stories: l Living units: 0 Floor Finish: Hard Tile Interior Finish: Dry Wall Fixtures: 4 Year Built: 1985 Effective Age: 22 Cooling: Heat & Cooling Pkg Description Base Page 3 of 5 42 RA S Open plot in New Window Building 1 Sub Area Information Buildina Finished Ft Gross Area Ftz Factor Effective Ft 882 882 1.00 882 Total Building finished SF: 882 Total Gross SF: 882 Total Effective SF: 882 [click here to hide] 2013 Extra Features Description Value/Unit Units Total NewValue Depreciated Value Year CANOPY $15.00 3,500.00 $52,500.00 $26,775.00 1985 ASPHALT $1.75 6,952.00 $12,166.00 $12,166.00 0 CONC PAVE $4.00 5,250.00 $21,000.00 $21,000.00 0 [click here to hide] Permit Data Permit information is received from the County and Cities. This data may be incomplete and may exclude permits that do not result in field reviews (for example for water heater replacement permits). Any questions regarding permits should be directed to the permitting office in which the structure is located. Permit Number �j Description 11 Issue Date No Permit Data Found http: / /www.pcpao.org /general.php ?strap = 152913000002300400 Estimated Value 11/1/2013 Property Appraiser General Ir' nation ..m e � w.w Page 4 of 5 Interactive Map of this parcel Sales uer Back to OuervResults New Search Tax Collector Home Page Contact Us http: / /www.pcpao.org /general.php ?strap = 152913000002300400 II/l/2013 Page 1 of 1 http: / /www.loopnet.com/ Attachments /6/F /6 /Xy_6F69EB40 -3EC9- 4766- B7C2- 83C4EAE9... 11/7/2013 r� 2.3.3.5 COMMERCIAL CLASSIFICATION - CONT. 2.3.3.5.4 Cate2ory /Symbol - Commercial General (CG). Purpose - It is the purpose of this category 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. Use Characteristics - Those uses appropriate to and consistent with this category include: • Primary Uses - Office; Personal Service /Office Support; Retail Commercial; Commercial/ Business Service; Temporary Lodging; Wholesale/Distribution (Class A); Storage /Warehouse (Class A); • Secondary Uses - Commercial Recreation; Residential; Residential Equivalent; Institutional; Transportation /Utility; Recreation/Open Space; Research/Development; Light Manufacturing /Assembly (Class A) Locational Characteristics - This category is generally appropriate to locations in and adjacent to activity centers where surrounding land uses support and are compatible with intensive commercial use; and in areas in proximity to and with good access to major transportation facilities, including mass transit. Traffic Generation Characteristics - The standard for the purpose of calculating typical traffic impacts relative to an amendment for this category shall be 487 trips per day per acre. Density /Intensity Standards - Shall include the following: • Residential Use - Shall not exceed. twenty -four (24) dwelling units per acre. • Residential Equivalent Use - Shall not exceed an equivalent of 2.0 to 3.0 beds per permitted dwelling unit at 24 dwelling units per acre. The standard for the purpose of establishing relative intensity and potential impacts shall be the equivalent of 2.5 beds per dwelling unit. • Temporary Lodging Use - Shall not exceed: 1) forty (40) units per acre; or 2) in the alternative, upon adoption of provisions for compliance with Section 4.2.7.6, the density and intensity standards set forth in Table 3 therein. • Nonresidential Use - Shall not exceed a floor area ratio (FAR) of .55, nor an impervious surface ratio (ISR) of .90, except as provided for in Section 4.2.7.6. The standard for the purpose of establishing relative intensity and potential impacts shall be a FAR of .33 and an ISR of .68. • Mixed -Use - Shall not exceed, in combination, the respective number of units per acre and floor area ratio permitted, when allocated in their respective proportion to the net land area of the property. Other Standards - Shall include the following: • Acreage Limitations - Institutional; Transportation/Utility Use - Shall not exceed a maximum area of five (5) acres. Any such use, alone or when added to existing contiguous like use(s), which exceeds this threshold shall require a plan map amendment which shall include such Countywide Plan Rules 2 -30 June 20, 2011 .— use and all contiguous like uses. Research/Development; Light Manufacturing /Assembly (Class A) Use - Shall be allowed in this category only on the basis of and pursuant to local government standards which address, as a minimum, the following criteria in relationship to the nature of the proposed use: 1. Neighboring uses and the character of the commercial area in which it is to be located; 2. Noise, solid waste and air quality emission standards; 3. Hours of operation; 4. Traffic generation; and 5. Parking, loading, storage, and service provisions. Countywide Plan Rules 2 -31 June 20, 2011 C�l 10 Y, lq, 0 l CJ' -K 13 5 C �-,o Z9 5,- �q 0 'S 16P �yY sr �U� se" -P(SOO�) Pay 393 P?5A I-) � 2. ?NJ I b 246- co� �q 0 'S 16P �yY sr �U� se" -P(SOO�) Pay 393 P?5A I-) � 2. ?NJ I b Ordinance Number 8331 -12 8343 -12 8346 -12 8349 -12 l �T , 8371 -13 Supp. No. 32 TABLE OF AMENDMENTS Date 7 -19 -12 8 -16 -12 11- 1 -12 93:Nva 3- 6 -13 Section 1 1 2 2(Exh. 1) 1 2 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Iv v' 15 16 17 18 19 20 21 22 23 24 25 /� ^ 26 U v � 27 28 29 30 31 32 33 34 35 1 2 3 4 5 TOA:15 Section this Code 3 -909 A.1., C.6., 7., D.14., E.5. 8 -102 Rpld 3- 1801 -3 -1807 Added 3- 1801 -3 -1809 Rpld 4- 903.A.7. Rpld 4 -905 8 -102 Chart 2 -100 2- 402(Table 2 -402) 2- 403(Table 2 -403) 2- 404(Table 2 -404) Rpld 2 -404 G. 2- 702(Table 2 -702) 2- 703(Table 2 -703) 2 -703 E., J., K., N., T., X. 2- 704(Table 2 -704) 2 -704 B., C., Q., Y. 2- 802(Table 2 -802) 2 -802 A., D., K., M., R., S., T. 2- 803(Table 2 -803) 2 -803 C., H., I., L., M. 2- 902(Table 2 -902) 2 -902 D., P. 2- 903(Table 2 -903) 2 -903 B., S. 2- 1002(Table 2 -1002) 2- 1003(Table 2 -1003) 2 -1003 F., J., K 2- 1004(Table 2 -1004) Rpld 2 -1004 A.,F, G., H. 2 -1203 K. 2- 1302(Table 2 -1302) 2- 1303(Table 2 -1303) 2 -1303 A., U. 2- 1304(Table 2 -1304) 2 -1304 B., E., G. 3 -601 C.Le. 3 -801 3 -804 3 -805 3 -807 3 -1205 B.3. 3 -2103 K. 4 -302 A. 8 -102 3 -908 D. 3 -1808 CA. 6 -106 App. A, § V(1) 2.066 S� 2� �e, � S 1 -10 MECHANICAL DETAILS (YARD) I -11 MECHANICAL DETAILS (YARD) 11 WIELECTRICAL WIRING DIAGRAMS FOR 'PUMPS, ETC. -12 ISLAND DETAILS -I3 ISLAND � SIGN DETAILS "'/ PAINT SCHEDULE -14 ROOF SIGN DETAILS -15 TYPICAL.. TOKWEIM DISPENSER SYSTEM t-- WASOuNd IDE LS. V4 Z .4? III li D q HEY TO SECTION CO ICETCN SERVICE S TA-T IO o TYPe TL- 1100 TENNECC r acs of AWnW r J G I I b1z- - T� - UA,. a. 301 PIERCE ST 1 -10 MECHANICAL DETAILS (YARD) 10 -11 !MECHANICAL. DETAILS (YARD)II -- WIE,L.ECTRICAL -12 ISLAND DETAILS -i3 ISLAND 4 SIGN DETAILS "'/ PAINT SCHEDULE -14 RO O F= SIGN DETAILS -15 TYPICAL TOKWE.IM D15PEN5ER SY5TEM WIRING DIAGRAMS FOR PUMPS) ETC. Damn -raa has -F,a D[Us�7/ 2G •.1� + *f O&r%l� N..04a4 SaCT�N a+ V l KEY TO 5ECTION CO i S t= RVICE S T A, -7 14 *1 TYPE Tg- 11OD t-Ifili ..a.a+... ' Rtrtag"ca TENNECC � r ce�M71E1�T �F Y • !Air D Map Request Planner Name: Melissa Baker, AICP, PP Case Number: FLD201 3 -1 1 041 Date Requested: November 5, 2013 Date Requested for (date): November 15, 2013 Maps Requested ® Location Map ® Aerial Map ® Zoning Map ® Existing Surrounding Uses Map Required Documents to be submitted to Engineering ® Legal Description Le6A1_ O� Sulevey ® Survey(Please return) ® Map with Proposed Site Highlighted IN ADDITION TO THE REQUESTED MAPS, PLEASE PROVIDE ERIFICATION THAT THE LEGAL DESCRIPTION WE HAVE PROVIDED IS CORR C AND C ATE. Thomas Mahony PSM, Geographic Technology Manage Vignat e Map Nam e ' Owner: CTS Holdings of Pinellas, LLC Case: FLD2013 -11041 / Site: 1840 Gulf to Bay Blvd. �_ Property Size: 0.46 acres PIN: 13- 29 -15- 00000 - 230 -0400 Atlas Page: 289A / O . CLEVELAND ST O y ti z, W Q W i (� Z Z Q D fl� U > W W Q O Q > Q W Z Q Q w Q D W O a O W Q � O W w m U) U cn RAINBOW DFC) 2 PROJECT SITE GULF -TO -BAY BLVD GULF -TO -BAY BLVD > Cn D Q m Z J w 0 z m Q z Cn D > o o a Q X > co m TURNER ST w O I Q PINE ST Q � Z J O 0 J LL Q m co LOCATION MAP Owner: CTS Holdings of Pinellas, LLC Case: FLD201 3 -1 1 041 Site: 1840 Gulf to Bay Blvd. Property Size: 0.46 acres PIN: 13- 29 -15- 00000 - 230 -0400 Atlas Page: 289A E r• t 4 a � . OF ` •, > 40 n i !''qsw AR wato w s AV JM1 AERIAL MAP Owner: CTS Holdings of Pinellas, LLC Case: FLD2013 -1 1041 Site: 1840 Gulf to Bay Blvd. Property Size: 0.46 acres Atlas Page: 289A PIN: 13- 29 -15- 00000 - 230 -0400 LI RAINBOW DR o GULF -TO -BAY BLVD a 301 ° 301^ 303 302 Z N 307 m J `^ 301 Q 303 305 400 307 304 304A 404 407 406 505 3046 411 �R 306 H 306A 3068 Y 309 308 308 Q 308A Q 310 ; 7403 310 Z 311 400 400 402 0 Q) 402112 402 a LU V% 405 407 409 410 411 o GULF -TO -BAY BLVD LU N Q 7 z 301 303 a 301 405 405 a 301 ° '4 300 303 302 Z N 307 306 J `^ 311 Q 310 400 401 402 405 404 407 406 505 409 411 �R b 0 LU N Q 7 z 301 303 a 301 405 405 Q 301 ° '4 300 303 302 305 304 307 306 309 308 311 313 310 400 401 402 405 404 407 406 408 409 411 410 b 0 LU N Q 7 z 301 303 a 301 405 405 ZONING MAP Owner: CTS Holdings of Pinellas, LLC Case: FLD201 3 -1 1 041 Site: 1840 Gulf to Bay Blvd. Property Size: 0.46 acres PIN: 13- 29 -15- 00000 - 230 -0400 Atlas Page: 289A p� h Of W m m %2 m w w ro Y Q Q 510 m 511 512 513 ZONING MAP Owner: CTS Holdings of Pinellas, LLC Case: FLD201 3 -1 1 041 Site: 1840 Gulf to Bay Blvd. Property Size: 0.46 acres PIN: 13- 29 -15- 00000 - 230 -0400 Atlas Page: 289A O O Go co 1 301 �ca Go oD oD O 8 Of 10 300 307 2 7 304 306 W 3 6 3 1308 O Q 2 3048 LO 310 Z 311 4 400 5 307 86 306 B 30 4021/2 CO) 2310: C2=2 p I •l O � O O r � m off-Sim J 13 219 RAINBOW DR Q�OI e� Yi 301~ °p -"-,o N q Of 10 300 a�`' ^'" 1 303 303 305 302 304A 2 2 3048 n n 30 06A 9 307 86 306 B 30 08 3 3 308A Q 311 310 j 8 31 401 400 4 4 C) 403 402 a 32/os �p h 400 405 32/03 2 6 55 407 5 513 409 0 410 411 5 23/03 23/04 I 409 NO T Go] 411 i 13 21 y h E 301 f GULF -TO -BAY BLVD Of 10 300 303 302 305 304 n n 2 9 307 B 306 30 308 31 3 34 8 31 Go 310 Z 505 N 1.63 Acp 32/os �p 51° 400 S 32/03 2 4� 55 402 405 513 0404 407 406 5 409 6 408 411 410 23/05 O m O Q Z 301 C) 30 30 60 0 " GULF -TO -BAY BLVD O 0 33 1 N 55 b n Ol 50 m -0 e b n n Go Go co ao 32!0 4 1 � 34 ED Go Z 505 1.63 Acp 32/os 51° 511 S 32/03 2 33 55 512 513 EXISTING SURROUNDING USE MAP Owner: CTS Holdings of Pinellas, LLC Case: FLD201 3 -1 1 041 Site: 1840 Gulf to Bay Blvd. Property Size: 0.46 acres PIN: 13- 29 -15- 00000 - 230 -0400 Atlas Page: 289A 405 I 23/07 " J m LL J S CORONA AVE NO 301S >100218 co LL O H =U' — S PEGASUS AVE 0 J 0° NI ` INlJaln Q -- o — S ORION AVE u- 0 J m Q m LL -- J p ENUS AVE S..KEENE RD........... — KEr, -r 1.. I O RECEWD - o Mayberry Tree Consulting LLC DEC 16 2013 J N PLANNING r�M m 04 Tree Inventory Report CLEARWATER 1840 Gulf -to -Bay Boulevard Q a Clearwater, Florida O�y December 9, 2013 LL a) E AU E V—.2 a1 Prepared by: Alan Mayberry, Consulting Arborist O � � ISA Certified Arborist #SO -0305 O N a = 0) OOJ,U) 'c r LL�UN Prepared for: Spencer and Associates Architecture Inc. The following report is submitted by Alan Mayberry, Consulting Arborist, and includes findings I believe are accurate based on my education, experience and knowledge in the field of Arboriculture. My findings are clinical in nature and based on scientific research in the field of Arboriculture. In addition, my findings are based on personal observations of over 30 years of experience in the broad field of Arboriculture. I have no interest personally or financially in this property other than the preparation of this report and I believe my report is factual and unbiased. The purpose for this report is to conduct an assessment of trees at the subject property in respect to their health and structure and considerations for preservation potential. Site Overview The subject property is a commercial site composed of trees planted for landscape code purposes. The tree canopy is dominated by live oak (Quercus virginiona) trees and the majority of the trees are growing within landscape buffers that are too small to accommodate shade tree species. In general, the condition of the site trees reflects overall neglect. The irrigation system if it exists is not operable evidenced by dieback in tree canopies. The trees have not been structurally pruned and consequently most of the trees have developed codominant trunks with some having included bark. The pruning cuts are mostly improper flush cuts performed to raise branches for clearance. Tree roots have damaged the sidewalk and pavement in a few locations and curbs have caused some roots to circle within the narrow landscape buffers. In addition, essentially all of the previous shrub species have died and the landscape buffers have been infiltrated by the invasive exotic Brazilian pepper (Schinus terebinthifolius) and carrotwood (Cupaniopsis onacardioides) trees. The existing landscape buffer adjacent to Gulf —to —Bay Boulevard is not wide enough to contain the live oak tree or any shade tree species. In addition to rooting area constraints there is an overhead utility wire present. l recommend accent tree or palm species for this location. The buffer along Pegasus Avenue is also too narrow to accommodate shade tree 1 species unless the sidewalk is shifted to the east and part of the landscape buffer is <ive the city right of way. The rear green space which includes a retention area contains ak trees t hat have good structure and health. These trees represent the best opportun preservation if the area is preserved as green space. The following tree inventory provides an overall condition rating for all trees and palms defined as protected species by the provisions of City of Clearwater Code. All protected trees on site with a trunk diameter of 4" and greater and palm species with a 10' clear trunk and greater are included in the tree inventory. In addition, all protected trees located within 25' of the property line which will be impacted by the proposed site development will be assessed. The overall condition rating used in this report reflects an assessment of a tree's health, structural integrity and to a lesser degree its aesthetic contribution. The Tree Inventory Data section which follows the tree inventory provides an explanation of the rating system and how individual trees are scored and evaluated. The methodology for conducting this tree assessment is a Level 2: Basic Assessment Process, as defined in the International Society of Arboriculture's Best management Practices, Tree Risk Assessment. Trees are assessed by visual observation of the foliage, major scaffold branches, secondary branches, the trunk and portions of the root system that are visible. NOTE: A tree inventory is typically valid for 3 -5 years. However, events such as drought, lightning, mechanical root damage, freeze, improper maintenance and severe storms can downgrade the rated value of a tree. Conversely, remedial maintenance can upgrade the value. If you suspect that a tree has been adversely affected, have the tree inspected by a qualified International Society of Arboriculture (ISA) Certified Arborist. NOTE: Whenever possible it is advised to adhere to inventory recommendations when selecting trees to be preserved. For example, trees or palms rated 4.0 and higher are strong candidates to be considered for preservation, while trees or palms rated 2.0 and lower should be removed unless otherwise noted in the inventory. Trees or palms rated 2.5 are generally recommended for removal unless remedial work is performed to upgrade them. Trees or palms rated 3.0 and 3.5 are average trees that have good potential and are worthy of preservation efforts. NOTE: Tree size references trunk diameter in inches for trees (measured at 4.5' above grade unless the tree forks below that point - then the diameter is measured at the narrowest area between grade and the fork. Palm species are measured in feet of clear trunk (the distance in feet from grade to where the first frond emanates from the trunk. NOTE: Any references in the following tree inventory recommending tree pruning should only be performed by International Society of Arboriculture (ISA) Certified Arborists skilled in pruning to the standards defined in the American National Standards Institute (ANSI) publication, ANSI -A300 Part 1: Tree, Shrub and Other Woody Plant Maintenance — standards 2 Practices, Pruning and the International Society of Arboriculture's companion publication: Best Management Practices, Tree Pruning (Revised 2008). NOTE: Any reference to future monitoring of trees or further inspections of trees should only be performed by ISA Certified Arborists who have verifiable proof that they have attended and received CEU's (continuing educational units) in ISA supported tree hazard risk assessment seminars. NOTE: Any recommendations for cabling and bracing of trees in this tree inventory should only be performed by ISA Certified Arborists skilled in this arboricultural practice and in conformance with the methodology as defined within the International Society of Arboriculture's publication: Best Management Practices, Tree Support Systems: Cabling, Bracing, Guying and Propping (Revised). NOTE: Any recommendations in this tree inventory for structural pruning should only be performed by ISA Certified Arborists skilled in this type of pruning and in conformance with the methodology as defined within the International Society of Arboriculture's publication: Best Management Practices, Tree Pruning (Revised 2008). This tree inventory was conducted on December 8, 2013 The following tree inventory starts with tree #1 and ends with tree #12. Numbered aluminum tags are placed on the trunk of each tree in the field. All trees and palms are numbered on the proposed site plan. Tree Inventory Tree # Size Species Rating NOTE: Trees #1- #3 are located within a 4.5' wide landscape buffer adjacent to Gulf- to -Bay Boulevard. 1. 12" live oak (Quercus virginiana) 2.0 - Comments: This tree is located in a 4.5' wide non - irrigated landscape buffer adjacent to Gulf to Bay Boulevard. The tree has an overhead utility wire through the upper canopy. The trunk forms codominant scaffold branches with included bark 6.5' above grade. The trunk and lower scaffold branches have previous flush cuts. The main leader is 75% dead. The crown density is low and the live crown ratio is 35 %. The trunk flare is against the sidewalk. Recommend removal of this tree due to poor overall health and structure. Recommend removal. 3 2. 15 "' live oak (Quercus virginiana) 2.0 Comments: The trunk of this tree forms a tri- dominant trunk 5' above grade with tight angled v- shaped crotches that will soon become included. The three major scaffold branches have considerable dieback preventing the possibility of developing a central leader. The trunk has a flush cut that stripped during pruning on the east side 7' above grade. The overall pruning is poor. The tree also has a branch graft that now appears to be a branch with a hole as one of the grafted branches was removed. The foliage reflects a tree in stress as the tree has uncharacteristically small leaves with some chlorosis present. The crown density is below average. Recommend removal due to poor health and structure. Recommend removal. 3. 12" live oak (Quercus virginiana) 2.5 Comments: This tree has average health. The leaves are somewhat small for a live oak but the branch tips are foliated and the crown displays growth at the tips. The crown density is average and the live crown ratio is 55 %. The trunk forms 2 codominant branches 5.5' above grade that will soon be included. Two additional codominant branches are formed 6" higher. There is a flush cut in the crotch of one of the codominant branches where another codominant branch was removed. The wound is not closing properly and the resulting decay will weaken the structure at this point. This tree currently has sufficient health but the poor structure and location of the tree do not warrant preservation. Recommend removal. Note: Trees #4 & #5 are located in a landscape buffer along Pegasus Avenue. 4. 17" live oak (Quercus virginiana) 3.0 Comments: This tree is located in a triangular shaped landscape island that is 9' wide where the trunk is located. The trunk is 2' 7" from the sidewalk. The crown density is average and the live crown ratio is approximately 55 %. The leaf size is normal and the tips are foliated. The trunk forms a codominant 9' above grade that has a wide u- shaped crotch. The tree would be difficult to prune into a central leader tree but the crotch will not develop included bark, so the best strategy for pruning if the tree is preserved, is to periodically perform reduction cuts to reduce weight on the two codominant branches. The tree has experienced numerous pruning cuts made to accommodate the tree to its environment. The tree has good structure and sufficient health to warrant preservation. The tree however, will likely cause structural damage to the sidewalk in the future and is too close to be root pruned. If this tree is preserved, the sidewalk may have to be shifted to the east in the future. This appears to be a viable option as there is sufficient green space between the sidewalk and the edge of pavement of Pegasus Avenue. The vehicular use area to the west of the landscape island will not be disturbed during the construction process so root loss is not expected to occur. Recommend preservation as this tree provides tree canopy along the Gulf -to -Bay corridor. If preserved the tree canopy will need to be raised to a minimum height of 15' over the street and vehicular use area. Recommend preservation. 4 5. 20" live oak (Quercus virginiona) 2.5 Comments: This tree is located in a 4.5' wide landscape buffer with the trunk located 1' 4" from the west island curb which also appears to be next to underground storage tanks. The tree appears to already be damaging the concrete on the west side and the sidewalk on the east side. The trunk of this tree forms a codominant 5' above grade that has a very small u- shaped crotch that will likely become included in the future. One scaffold branch then forms an included codominant branch just above the main codominant. The crown density is above average with deep green leaves of normal size. The live crown ratio is 50 %. The tree would require a lot of structural pruning over a long time period to develop good structure. In addition, the roots will continue to damage the asphalt and sidewalk. The only possibility for preservation for this tree is to increase the landscape buffer east and west and attain a minimum width of 12', otherwise recommend removal. Recommend preservation. 6. 6" laurel oak (Quercus lourifolio) 2.5 Comments: This tree is growing within three trunks of a bottlebrush tree. The trunk has a straight central leader form but has some damage from the bottlebrush trunks that appears minor. There is a flush cut 4' above grade which has produced considerable callus tissue and should close without significant decay. The crown is very restricted and would need structure pruning to develop a single leader tree. The crown density is average and the tips display vigorous growth. The tree has sufficient health and structure to warrant preservation, however the existing swale 2' north of the trunk and the proposed pavement on the south side are not favorable for future growth and stability. Recommend removal. 7. 611, 611, 8" bottlebrush (Callistemon rigidus) 2.0 Comments: This tree has three trunks that are attached at the base forming a basal codominant attachment that is showing some deterioration. There is a small wound on the tension side of a trunk leaning to the west and some dieback in the crown. The bottlebrush is prone to basal failure when it reaches maturity. Recommend removal. 8. 6" bottlebrush (Callistemon rigidus) 2.0 Comments: This tree has sufficient health but has a structural concern. The trunk is leaning and attached to the decaying stump of a previously existing and larger codominant trunk. The previous trunk prohibited the formation of adequate tension roots needed to support the lean. In addition, the decay will likely progress into the subject tree as there is a graft present. Recommend removal. 9. 6" bottlebrush (Callistemon rigidus) 2.0 5 Comments: This tree has a severe lean and is also attached to the decaying trunk that tree #8 is attached to at the base. The tree leans to the west and,is also compromised in its ability to form adequate tension roots. Recommend removal. 10. 28" live oak (Quercus virginiana) 4.0 Comments: This tree has very good structure and health. The crown density is good and the live crown ratio is 75 %. The foliage is deep green and the tips display vigorous growth. The trunk is located 7' behind the existing curb. A large branch was removed from the trunk via a flush cut 6' above grade on the south side but it has closed successfully. The trunk forms a codominant 12' above grade but the attachment appears strong as it has a wide u- shaped crotch. The two scaffold branch fork and support healthy canopies with good structure. This is a high quality tree and is recommended for preservation. There is a shed west of the tree that does not have a floor. It is recommended that all existing structures not related to the new site development be removed from this area by hand labor. In addition, prevent any grubbing activities in the existing green area that will disturb roots. Recommend preservation. 11. 19" live oak (Quercus virginiana) 3.5 Comments: This tree is growing adjacent to the wooden stockade fence surrounding the shed and the trunk is growing into and damaging the roof of the shed. The trunk forms codominant scaffold branches 6' above grade with a wide u- shaped attachment and the codominant branches continue to fork and produce u- shaped crotches giving the tree overall good structure. The tree is one -sided due to its location of 6.5' from tree #10. The live crown ratio is 40% and the crown density average. The tips are foliated. This is a good tree that has an underdeveloped canopy due to competition from the larger 28" diameter live oak. The trees can coexist in this green space. Recommend preservation. NOTE: Tree #12 is an off -site tree growing within a landscape buffer of the adjacent site to the west. 12. 10" live oak (Quercus virginiana) 3.0 Comments: This tree is located off -site growing within a landscape buffer of the adjacent property to the west. The tree is located behind a 13" high concrete retai proposed site development should not cause a significant impace's root system due to the retaining wall. The canopy of this tree will need to be Ak This concludes the tree inventory. The following is an explanation of he ee inventory rating system. Tree Inventory Data A tree inventory is a written record of a tree's condition at the time of inspection. It is a valuable tool to prioritize tree maintenance and remove trees with problems that could lead C to failure and cause personal injury or property damage. The tree inventory lists four codes, tree #, trunk diameter, tree species, and overall condition rating. It also includes a comment section with specific supportive data for the rating. The following is an explanation of the data used in the inventory: Tree# - location - Each tree is assigned a number for reference in the inventory that corresponds with a number on the site plan or a number on a tree tag that identifies the location of the tree in the field. Size —Tree size is a measure of the tree's trunk diameter measured at 4.5' above grade. if the trunk forks at 4.5' above grade the diameter is measured at the narrowest trunk diameter below the fork. Palm species are measured in feet of clear trunk (C.T.). Species — Each tree is listed by its common and botanical name the first time it is listed in the inventory. For simplicity, the tree is listed by its common name thereafter. Condition Rating — The condition rating is an assessment of the tree's overall structure and systemic health. Elements of structure include: 1) the presence of cavities, decayed wood, split, cracked, rubbing branches etc., 2) branch arrangements and attachments, i.e., well - spaced scaffold branches vs. several branches emanating from the same area on the trunk, codominant stems vs. single leader trunk, and presence of a branch bark ridge vs. included bark. Elements of systemic health relate to the tree's overall energy system measured by net photosynthesis (food made) vs. respiration (food used). A tree with good systemic health will have a vascular system that moves water, nutrients and photosynthate within the tree as needed. Indicators of a healthy systemic system used in the overall condition rating include: 1) live crown ratio (the percentage live crown a tree has relative to its height, 2) crown density (density of the foliage), 3) tip growth (foliated branch tips and shoot elongation) The overall condition rating also takes into consideration the species, appearance and any unique features. The rating scale is 0 -6 with 0 being a dead tree and 6 a specimen. Increments of 0.5 are used to increase accuracy. Examples of the tree rating system are as follows: 0- A dead tree 1- A tree that is dying, severely declining, hazardous, harboring a communicable disease or a tree designated by the State of Florida's Exotic Pest Plant Council as a category #1 ecological pest e.g., Brazilian pepper tree (Schinus terebinthifolius). A tree with a rating of 1 should be removed as it is beyond treatment and is a threat to cause personal injury or property damage or is an invasive species. 2 — A tree exhibiting serious structural defects such as codominant stems with included bark at or near the base, large cavities, large areas of decayed wood, crown dieback, cracked /split 7 scaffold branches etc. In addition, a tree with health issues such as low energy, low live crown ratio, serious disease or insect problems, nutritional deficiencies or soil pH problems. A tree with a rating of #2 should be removed unless the problem(s) can be treated. A tree with a #2 condition rating will typically require a considerable amount of maintenance to qualify for an upgrade of the condition rating. 3- A tree with average structure and systemic health and with problems that can be corrected with moderate maintenance. A tree with a codominant stem not in the basal area that will be subordinated or cabled and braced or a codominant stem that will soon have included bark can be included as a #3. A tree with a rating of #3 has average appearance, crown density and live crown ratio and should be preserved if possible. 4- A tree with a rating of 4 has good structure and systemic health with minor problems that can be easily corrected. The tree should have an attractive appearance and be essentially free of any debilitating disease or insect problem. The tree should also have above average crown density and live crown ratio. Mature trees exhibiting scars, old wounds, small cavities or other problems that are not debilitating can be included in this group particularly if they possess unique form or other aesthetic amenities relating to their age. A tree with a rating of 4 is valuable to the property and should be preserved. 5 — A tree with live crown ratio of at least 65 %, very good crown density, exceptional structure and systemic health and virtually free of debilitating insect or disease problems or nutritional deficiencies. A tree in this category should have a balanced crown with exceptional aesthetic amenities. A tree in this category should be of a species that possesses characteristics inherent to longevity and withstanding construction impacts. A tree with a #5 rating lends considerable value to the site and should be incorporated into the site design. A tree with a #5 rating is worthy of significant site plan modification to ensure its preservation. 6 — A specimen tree. A specimen tree is a tree that possesses a combination of superior qualities in regards to systemic health, structural strength, crown density, live crown ratio, form (balanced crown), overall aesthetic appeal, size, species, age and uniqueness. A great effort should be made to preserve a specimen tree including shifting structures that would adversely impact the tree. In addition, a specimen tree should have an undisturbed rooting area equal to its dripline (equal to the branch spread) to grow in. Only an experienced and competent International Society of Arboriculture (I.S.A.) Certified Arborist should be allowed to perform maintenance on a specimen tree. Comments: The comment section serves to note observations relative to the tree but not covered in the inventory data or expands on information in the inventory data. It may include maintenance recommendations to improve the tree's overall condition rating. It may also have recommendations on whether to remove or preserve a tree. H. J _ lip ■ �// oaT4 e• Rio`, 0-4 As OAF ./ 4EXISTIW2 lGUR13 — SR \! 15 .I -- EXISTNCs MWVERTY LM R�TSY 1840 GULF TO BAY B LVD= FLD2013 -11041 -• ..; Response to Comments -- -,.M._ •� - - -ti••u ' CTS Holdings, LLC Zoning: Commercial 'Atlas #: 289A CD C n N Dunkin Donuts Plant List t4 @n c 5a rNii � S nd rd to a t WR 3 Washingtonla robusta Washington Palm 10' Cr A AF 1 Acacia fameslana Sweet Acada 8' M 2' Cal. Standard `J CV 13 Codeum varlegatum Mammy Croton 18" ht Full / 3 gal 17 ES 60 Eugenia spp. Dwarf Simpson Stoppers JJJ" ht full / 3 gal ' Sr 66 Scheffiera trinettes Trinette Arboricola 18' M Full / 3 gal • , SA 2S SchefRera arboricola Green Arborioola 18' M Full / 3 gal • PM 18 Podocarpus maki'Pringles' Dwarf Pringle Podomrpus 18' ht Full / 3 gal Tl 150 Trachelos iRLI permum Variegated Confederate Full / 1 gal Jasminoldes Jasmine - AD 60 Asparagus densiflorus Foxtail Fern, WII / 1 gal Q A LS S7 Uriope spp. Emerald Goddess Uriope Full / 1 gal NS 100 Nephroteph spp. Sword Fem WII /lgal ` LANDSCAPE NOTES I ' 1) ALL TREES, PALMS, SHRUBS, GROUNDCOVERS AND OTHER PLANTS SHALL CONFORM TO THE STANDARD OF FLORIDA GRADE NO.1 OR BETTER AS d) GIVEN IN THE LATEST EDITION OF GRADES AND STANDARDS FOR NURSERY ! PLANTS BY FLORIDA DEPARTMENT OF AGRICULTURE PART 1 AND 2. ALL PLANTS TO BE HEALTHY, VIGOROUS MATERIAL, FREE OF PESTS AND DISEASE. 2) ALL PLANT BEDS TO BE MULCHED TO A THREE (3) INCH DEPTH WITH CLEAN, WEED FREE MULCH. 3) IRRIGATION SHALL PROVIDE 100 %COVERAGE TO PROPOSED LANDSCAPING AND SOD AREAS. 4) TREES TO HAVE IRRIGATION BUBBLERS TO PROVIDE ADEQUATE WATER TILL i ESTABLISHMENT. ltXlST) NCT- i Ll17C OflF� RECEIVED `v DEC 16 2013 nANNM EXPARInAENr Cm OF CLEARWAM . svEwALK ViA 3 LANDSCAPE PLAN V Drawn Date Scale OF& N %Job No Sheet $8 a ..:1 0 4 �1. <D 8 22 W KEY QUAN. BOTANICAL NAME COMMON NAME < < SPECIFICATIONS y <D C.4 G yr�� 8 7- TD 4 Taxodium distichum Bald Cypress 10' ht 25" [al. • •�f, 3 a 0 ■ir PS 2 Phoenix s "G c1 sylvestris S 0) g No U 4 lagerstromla India Natchez Crape Myrtle 10' ht 25' C Ny $ /T cal. ' Natchez' Standard E E a n .a C IA 4 Ilex X attenuate Eagieston Holly 2.S' Cal. i C- to a t WR 3 Washingtonla robusta Washington Palm 10' Cr A AF 1 Acacia fameslana Sweet Acada 8' M 2' Cal. Standard `J CV 13 Codeum varlegatum Mammy Croton 18" ht Full / 3 gal 17 ES 60 Eugenia spp. Dwarf Simpson Stoppers JJJ" ht full / 3 gal ' Sr 66 Scheffiera trinettes Trinette Arboricola 18' M Full / 3 gal • , SA 2S SchefRera arboricola Green Arborioola 18' M Full / 3 gal • PM 18 Podocarpus maki'Pringles' Dwarf Pringle Podomrpus 18' ht Full / 3 gal Tl 150 Trachelos iRLI permum Variegated Confederate Full / 1 gal Jasminoldes Jasmine - AD 60 Asparagus densiflorus Foxtail Fern, WII / 1 gal Q A LS S7 Uriope spp. Emerald Goddess Uriope Full / 1 gal NS 100 Nephroteph spp. Sword Fem WII /lgal ` LANDSCAPE NOTES I ' 1) ALL TREES, PALMS, SHRUBS, GROUNDCOVERS AND OTHER PLANTS SHALL CONFORM TO THE STANDARD OF FLORIDA GRADE NO.1 OR BETTER AS d) GIVEN IN THE LATEST EDITION OF GRADES AND STANDARDS FOR NURSERY ! PLANTS BY FLORIDA DEPARTMENT OF AGRICULTURE PART 1 AND 2. ALL PLANTS TO BE HEALTHY, VIGOROUS MATERIAL, FREE OF PESTS AND DISEASE. 2) ALL PLANT BEDS TO BE MULCHED TO A THREE (3) INCH DEPTH WITH CLEAN, WEED FREE MULCH. 3) IRRIGATION SHALL PROVIDE 100 %COVERAGE TO PROPOSED LANDSCAPING AND SOD AREAS. 4) TREES TO HAVE IRRIGATION BUBBLERS TO PROVIDE ADEQUATE WATER TILL i ESTABLISHMENT. ltXlST) NCT- i Ll17C OflF� RECEIVED `v DEC 16 2013 nANNM EXPARInAENr Cm OF CLEARWAM . svEwALK ViA 3 LANDSCAPE PLAN V Drawn Date Scale OF& N %Job No Sheet $8 a ..:1 0 4 �1. svEwALK ViA 3 LANDSCAPE PLAN V Drawn Date Scale OF& N %Job No Sheet $8 a ..:1 0 4 �1. NEW DUMPSTER ENCLOSURE `-- EXISTING RTY EXISTMCs fl a 54'•6" EXISTNG NEW CURD LANDSCAPE AREA 0 EXISTING OVES&EAD O r I I NEW AREA I I NEW CURD r,-. . ir:�._________ NEW CURB —� OEXISTING 1 0 � I w w w EXISTING SIDEWALK EXISTMG O 33'-4" SWALE 6 EXISTING CURB J/ NEW RAMP ` NEW LANDSCAPE AREA NEW CURD NEW LANDSCAPE AREA _ -1 7 I i I I i I EXISTING CURB — EXISTNG SIDEWALK GULP TO MAY 15LVO 4 �m � J lY • 1 EXISTM LANDSCAPE / AREA Revisions I Date I By 1 1840 GULF TO BAY BLVD FLD2013 -11041 Response to Comments CTS Holdings, LLC Zoning: Commercial Atlas #• 289A EXISTMG . PROPERTY LINE w Z w , } a o 'PV',��T/� -ems 4 in s o � RECEND DEC 16 2013 WANN NG MAaM AW CAY OF CM WAM 19V41 1WWNf0f--y c E CD $ C h N iy Inc H M LL 04 • m 'mom= a qq C� W� Zt- L 2� 2� A� 1 a W W< Z J 7 D. Check S Date Some s 0 Job No Sheet -y T t✓ 0 CAV- `Co p(,& VA-L"rl h ( t ) � 16 , 6";l L57 LATJa ?AM's 501 vt 0 P+ 0, c- t RV A lacillp" WwZ, •1 OVERHEAD CANOPY r I., �7 olosEo sim PLAN GULF TO 5AY 5LVD avGALE: 1116" - V-0" 10 LU =3 z lu N =3 lu O (L d) 3 2 Ll-I 6 3 2 Ll-I 1 NEW Tr�{EE 1 l DUMPST£R EXISTING PROPEFZTY ENCL may\ IS DRAMAG£ SUTALE Lr1,IE T1qA fG=F;: t O EXIST[Wa NEW LANDSCAPE i EXtSTNG I NEW LANDSCAPE AREA ' I I NEW Cuter i NEW CUF45 JE NEW RAMP NEW LANDSCAPE IC AREA t iq rn EXISTWA EXISTING \ CURB � PROPERTY LINE EXISTING SIDEWALK GULF TO ISAY 5LV0 X/�7� l �RE.� �V"�QIGI•�i%� X�l��/��I�� �7/f/i�V /C�� �I�Gi/I:��IV� Tree Preservation Specifications m NEW CURB NEW LANDSCAPE AREA i I I I I I . J EXISTMG SIDEWALK 4 Tree Preservation Plan prepared by Alan Mayberry ISA Certified Arborist #SO -0305 11 71 r IJ iw EXISTING PROPERTY LINE 1. All pruning shall be performed by an International Society of Arboriculture (ISA) Certified Arborist and in accordance with the pruning standards and practices defined in the American National Standards Institute (ANSI) publication, ANSI -A300 Part 1: Tree, Shrub and Other Woody Plant Maintenance — standards Practices, Pruning and the International Society of Arboriculture's companion publication: Best Management Practices, Tree Pruning (Revised 2008). Pruning locations shall be delineated by cross - hatching. The canopies of trees W #4 & #10 shall be raised to a minimum height of 15' over streets and on -site vehicular use areas and to a 3 minimum height of 10' over sidewalks or grade. All Z deadwood one inch in diameter and greater shall be w removed. All defective branches shall be removed or } corrected. Tree #4 shall be structurally pruned using reduction cuts to reduce weight over codominant scaffold braches. 40 14. The dumpster pad within the critical root zone of tree #10 will be constructed to a depth of no greater than 4 ". The area for the pad will be graded by hand in the presence of an ISA Certified Arborist. Any visible roots impacted by the dumpster pad preparation will be pruned via a hand pruning saw at a minimum distance of 6" from the pad and then backfilled with existing soil. The area to be hand root pruned is delineated by a dotted line within the tree barricade line. 4.5. Existing landscape material located within the i driplines of trees #4, 10 & 11 and that will be replaced, shall be removed by hand labor. i RECEI OI TREE PRESERVATION PLAN c EE 2. All pruning shall be performed prior to construction equipment entering the site. C N co 'Q �3. Tree barricades meeting the City of Clearwater fA d specifications shall be installed around protected t]�n N trees in the locations delineated by XXXX -ing on the my =Ep tree preservation page. Tree barricades shall remain OCO U 2- erected at all times until approved for removal by N. the City's Land Resource Specialist. Specification for C r.- tree barricades are as follows: Barricades shall be chin- constructed using 2" x 2" lumber for upright posts. Upright posts are to be 4' in height with 1' anchored O in the ground and 3' extending upright above grade. Upright posts shall be placed at a maximum distance Zof 6' apart. Horizontal rails are to be constructed using 1" x 4" lumber and shall be securely attached to the top of the upright posts. 14. The dumpster pad within the critical root zone of tree #10 will be constructed to a depth of no greater than 4 ". The area for the pad will be graded by hand in the presence of an ISA Certified Arborist. Any visible roots impacted by the dumpster pad preparation will be pruned via a hand pruning saw at a minimum distance of 6" from the pad and then backfilled with existing soil. The area to be hand root pruned is delineated by a dotted line within the tree barricade line. 4.5. Existing landscape material located within the i driplines of trees #4, 10 & 11 and that will be replaced, shall be removed by hand labor. i RECEI OI TREE PRESERVATION PLAN c EE C N co d gs fA MLLNW t]�n N my =Ep (D OCO U a 0 N. Cc V � ¢ C r.- chin- a U$ 2 n W< 4 z Od 2 ?. o O U' Drawn J> Check Date �Z • q' scale !� Job No Sheet I"•Pr NEW EXISTING DUMPSTER PROPERTY ENCLOSURE LINE EXISTINGjDRA,INA,GE SWALE ow-lu 81-8.1 EXISTING CURES 20' SITE TRIANGLE -ji NEW CUR5 m NEW L AREA ii NEW RAMPI NEW LANDSCAPE EXISTING CUF;z5 J. AREA EXISTING CURB NEW LANDSCAPE Cc% 20' SITE TRIANGLE LINE AREA EXISTING + EXISTING SIDEWALK x Zo LU GULF To BAY IBLvo ii EXISTING LANDSCAPE 20'-0" 0 AREA EXISTING OVERHEAD CANOPY f NEW LANDSCAPE AREA 28-14" NEW FLUSH CURB — — — — — — — — — — — - NEW CURS EXISTINGjDRA,INA,GE SWALE ow-lu 81-8.1 EXISTING CURES 20' SITE TRIANGLE -ji NEW CUR5 m NEW L AREA ii FA 20, SITE TRIANGLE EXISTING PROPERTY LINE c(l W X lu lu > NEW RAMPI NEW LANDSCAPE EXISTING CUF;z5 J. AREA EXISTING EXISTING 20' SITE C`UR� PROPERTY TRIANGLE Cc% 20' SITE TRIANGLE LINE EXISTING + EXISTING SIDEWALK x EX)kTING SIDEWALK LU GULF To BAY IBLvo FA 20, SITE TRIANGLE EXISTING PROPERTY LINE c(l W X lu lu > ts M -i L 11 -- . - �, I a J o0 > rn C14 co ii cW 0 LL E U I T- ,LD Mw Ir- -0 -j L) U) oi E (D T- '-- 0) E 0 Q 0*4 -a 0 co -J LL a) o ,5; U)'a Of U N RECEIVED JAN 15 2014 MQM* DEPARP&M CM OF CLEAR M 01 PROPOSED SITE PLAN 0---ALE: 1116" = 1'-0" 1 i2 I E E 0 E zM 6m Z 0 (L M LAJ Fn 3 m LLI Ld LLI(n 0 o (n > 0 > a r z 0 0 0 0 r - z W Z C) :3 't o in Date: 12.12.13 REF J: N/A AZP Job: 13 -171 Shee AS 1 o x LU L EXISTING LANDSCAPE AREA ts M -i L 11 -- . - �, I a J o0 > rn C14 co ii cW 0 LL E U I T- ,LD Mw Ir- -0 -j L) U) oi E (D T- '-- 0) E 0 Q 0*4 -a 0 co -J LL a) o ,5; U)'a Of U N RECEIVED JAN 15 2014 MQM* DEPARP&M CM OF CLEAR M 01 PROPOSED SITE PLAN 0---ALE: 1116" = 1'-0" 1 i2 I E E 0 E zM 6m Z 0 (L M LAJ Fn 3 m LLI Ld LLI(n 0 o (n > 0 > a r z 0 0 0 0 r - z W Z C) :3 't o in Date: 12.12.13 REF J: N/A AZP Job: 13 -171 Shee AS 1 �'U �LKIN� Job urte-2 u F77&y 1840 k_.'LFW BAY BLVD FLD2013 -11041 Response to Comments CTS Holdings, LLC Zoning: Commercial Atlas #: 289A G SA l-D 2 Ol - 1 C) - le� +D (AV (,� To F��y 0.- 1'V-oQoSED SoV'CVI �-L�-Vk'CIvFJ ExtsTtNl� SovTN �l.�.vb'(�oN � N . Y Y 9, 24' -6" AFF. _--- - - -_� TOP OF MONOLITH PARAPET DRIVETMRU AL- TOP OF — — CANOPY ✓" COFF[E ..011E ?" — -- 14' -0" AFF. BOTTOM OF — -_ -- CANOPY TOP OF SLAB �01PROPOSED SOUTH ELEVATION SCALE: 1 18" = I' -0" ( FROPOSEC? Di EAST ELEVATION SCALE: 1 /5" = 1' -0" RECEIVED y a — . zw U m � 0 m o Z o D c t � 3 O Z - o U Z o 0 p '* c p a 1 REF # : N/A Drawn: AZP Job: 13 -171 Sheet Ala *' 24' -6" AFF. 7C • j - -r --- - - -_f� TOP OF MONOLITH AFF. -� DUNKIN -1 DONUT - -- - - - f -�� TOP OF PARAPET - COFFEE JNORE' 16' -5" AFF --- - - - - -- TOP OF CANOPY — — — — — — —� 14' -0" AFF. ` BOTTOM OF CANOPY RECEIVED y a — . zw U m � 0 m o Z o D c t � 3 O Z - o U Z o 0 p '* c p a 1 REF # : N/A Drawn: AZP Job: 13 -171 Sheet Ala 77-77477- �77 77 7 l i i 7/,, ---- - - - - -- -1 -- GIULf TO t5AY i it I EL01 4-j Z z Q n 'Z v ) IQ V a-- 7- Z O J J it '� � � '1 Ih �•I I ~' NOV 01 2013 FIR PROPOSED SITE PLAN SGALE: 1116" = I'-m" 9 i �2 Y^ n� L J. A �I Z �aw o rn � ^fly m y o ° ' H ZED ZW.. O CL W O W 2 >0 W (n G `o w a o N v �° 2 F-- > °> > m o o Z >, 4 C O m o fY � o L } E 5 0 o Z w o U o W Z O O o °.°_ `- t e `c Data: 10. 30. 13 REF # : N/A Orawn: AZP Job: 13 -171 Sheet AS 1 hem Q r c • ^ i Q � - Q°i,� 3 z �Z z Wraw 0 aaa� ° � m99 tiw� p D 0 Z" 6m Z 0aW Q W 2 LLI > U W (/� p 0 0 f A o > °> > m o Z � o Le p o� 0 0 i Z_ = v x Y (3 v o W Z M g c 0 p a z S Dote: 12. 12. 13 REF N/A Drown: QP Job: 13 -171 Sheet AS1 W, k. �'&,. Ago * ,s fie+ - I • R.. .� W. VOL -� 'o t' • • W► JL . R ` E ism J ! a 3SWI, •' l`y \.e�J ;mot f' 1 KR r • . ' � R �1 A --gg T Y__ J ) cS �1 A --gg T '' i �. Y � I L � + 7 i � i�O�OS�I� UJ�ST ���1�,4T101�1 SCALE= i /S" 1' -0" �,., Y G.._= .._ 2 i�Oi�OS�1� NO�T� �LEY,4tION SCALE: 1 /S" = I' -m" _� ���; N � Lt � � ^ O SN `. � � ti . E � � -i�t U . � Q Q � � Y 4 .' G � _ o _ � S � >: 3 ti 3 o = ti n °a p -��) g. � pa g] ozom_C4�^ �U��� z E ��o� �AP'a �°��q> 0 ®�� -JI w Zm ZW. ci a W p W S > U W (/� D 0 w a o N v �° H > °> > °° c c Z >, � oOm°� � p o 0 � � o Z_ = _ °o ci yxj Y � U O Z o 0 � � � C `0 0 .- a t 0 c Date: 10. 30. 13 ' REF � N/A Drawn: AZP �4 WAV�,H• B�-00 PARCEL LOY 6,BWC9 A NO I.D. CMO%,M OF nORMA- IDA 27D'0300 PARCEL #1 z'I'K -wo F.C.I.R. -5 _ LRIF72 CERTIFIED TO.- * JET AGE FUEL„ INC, 13, TON"SHIP 29 50VTH, THAN PINELLAIB COUNTY. FLORIDA GR "wDMS10N VNiT C q BLOCK A µ DAWL B• LY DAA0 Cysq.t! asboz GULF TO DAY DMEVARD STATE ROAD 60 100' PUBLIC RIGHT OF WAY 78' PAVEMENT WIDTH ,�A K CORNER OF 8 ABORTIONS Ca SME OF P_ A VgMW ® SWAY MMOME OBSERVED AS A PART OF THIS SURVEY, UNLESS 07HERN'SE SHOWN. SHRUBS WERE NOT �E (0 00tORMW 93CMM MMO@R e Lm, Paz 7/P ftPRlAL 0 Vann MEme F CJA FM CMPCD &W RW W X., FV" "PM OW ROD Apx/ Nw mm PX RAC. ! aw LCI.R SR wm mm RW L& LKgmm susN S 02 MD MEA9i,AMMUVT PWY FlOVACr FENGE WAVAQM COMB OVf ~ N47M VALW AA' AN CGW MM RRE l/M NT IRi NOW FiMOC' T ® mwmw MAww ® MCA NO OMM rWW OR SET Replat� Lard Su�rveyoorr anddlMopper Lost Dote of FIdd Sunray. 11 -15-12 000 OFAROUT PCP FE NMM aV= FONT ! MAl60.0 CL ® Moarrrn NE71 LEGAL DESCRIPTION. THAT PART OF THE SOUTHWEST 114 OF THE NORTHWEST 114 OF SECTION 13, TOWNSHIP 29 SOUTH. RAW 15 EAST, PINELLAS COUNTY, FLORIDA, DESCRIBED AS FOLLOVIS BEGINNING AT THE SOUTHEAST CORNER OF LOT A BLOC( A. UNIT C SKYCREST SUBDIVISION, AS RECORDED IN PLAT BOOK 28, PAGE 30. OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. FOR A POINT OF BEGNNNG; RUN THENCE S O= V28* $ ALONG THE WEST RIGHT OF WAY LINE OF PEGASUS AVENUE, 1500 FEET, THENCE N 89' 72'53' W. ALONG THE NORTH RIGHT OF WAY LINE OF GULF TO BAY BOULEVARD, 135.0 FEET; THENCE N 003J 28' W, 1500 FEET; THENCE S 89-2253- & ALONG THE SOUTH LINE OF SAID LOT A 135.0 FEET TO THE POINT OF 8EGNNNG SVRVEYOR S NOTES. 1) THIS IS A BOUNDARY SURVEY OF THE ABOVE DESCRIBED TRACT OF LAND ONLY. MADE CN E GROUND UNDER THE SUPERVISION OF A FLORIDA RECIS700 LAND SURVEYOR AND MAPPER, AND EXCEEDS THE MINIMUM TECHNICAL STANDARD FOR HORIZONTAL AND VERTICAL ACCURACY FOR THIS PROPERTYS EXPECTED USE 2) BEARNGS REFERENCED TO THE WEST LINE OF PEGASUS AVENUE AS BEING S 0033°28' & PER DEED. 3) THIS SURVEY WAS CONDUCTED FOR THE PURPOSE OF A BOUNDARY SURVEY ONLY AND IS NOT INTENDED TO DELINEATE THE REGULATORY JURISDICIION OF ANY FEDERAL, STATE; REGONAL OR LOCAL AGENCY, BOARD, COMMISSION OR DRIER SIMILAR ENTITY. I 4) THIS SURVEY WAS CONDUCTED WITHOUT THE BENEFLTW AN ABSTRACT OF 171L& THORFFO F- THERE MAY BE OTHER EASSWENM RIGHTS -OF -WAY, SETBACK LINES, AGREEMENTS, RESERVATIONS, RESTRICTIONS, OR OTHER ftaAR MATTERS OF PUBLIC RECORD. NOT DEPICTED ON THIS SURVEY. i �� 1 fill 3 R� z O _V) ILL) Of Rft m co O Q)Q L JJ j W� �z oa e� DRAWN BY: 5) NO UNDERGROUND UTiUTIES, UNDERGROUND ENCROACHMENTS, BUILDING FOVNDA77ONS WERE CHECKED BY: OBSERVED AS A PART OF THIS SURVEY, UNLESS 07HERN'SE SHOWN. SHRUBS WERE NOT _ SCALE: LOCATED, UNLESS OTHERWISE SHOWN. �® 1 ° =20' 6) 7HIS SURVEY NOT VAUD W17HOUT THE SIGNATURE AND 1NE ORIGN PARTY CHIEF: FLORIDA LICENSED SURVEYOR AND MAPPER FIELD BOOK: - PAGE: - .; THE PROPERTY SHOWN HEREON APPEARS TO FALL WITHIN FLOOD QQ���� kk55�� S�Mf�� THE FLOOD INSURANCE RATE 3 Tit MAP 12103C COMMUNITY PANEL NUMBERZ011��H7FMAP REId9Ei 5/17/01 ° : LMNMIG DEPAaf W cttY OF CLEAR xw t Alex B. TRompmm Jr.. P.LS Date: ' Replat� Lard Su�rveyoorr anddlMopper Lost Dote of FIdd Sunray. 11 -15-12 �� 1 fill 3 R� z O _V) ILL) Of Rft m co O Q)Q L JJ j W� �z oa e� DRAWN BY: DFP CHECKED BY: A8T _ SCALE: DATE: 1 ° =20' 12 -1 -12 PARTY CHIEF: DP FIELD BOOK: - PAGE: - CAD FILE: ACAD - MOBILE JOB NUMBER: 1212 - 100 -104 SHEET 1 of +/ -5,25' I NEW EXISTING DUMPSTER PROPERTY ENCLOSURE LINE EXISTING WALE ye r ZWm Mom cbwm w-jw Oy a R I F] NEW CURB 7 1 V) • i z IZZ EXISTING 0 O L NEW RAMP L NEW LANDSCAPE CURB 15 z AREA = 320 Qi z N% EXISTING EXISTING M EXISTING PROPERTY LANDSCAPE RB LINE AREA Do►. 10. 30. 13 RV # OVA ql�or Dmwn; AV EXISTWx SIDEWALK EXISTING SIDEWALK Job., 13-171 I - 1 0 PFROPOSEDISITE PLAN CoULF TO DAY SLV0 SCALE: 1/16" a V-0" AS1.j EXISTING L 71 i rA NO V 0 1 2013 EXISTING PROPERTY INE LINE iv 13--4" EXISTING NEW CURB LANDSCAPE AREA lu > NEW CURB NEW LANDSCAPE EXISTING AREA OVERT -EAD CANOPY NEW LAN9C8APE ARE A NEW CURB ,,/ X L-- — — — — — — — — — — -- lu ye r ZWm Mom cbwm w-jw Oy a R I F] NEW CURB 7 1 V) • i z IZZ EXISTING 0 O L NEW RAMP L NEW LANDSCAPE CURB 15 z AREA = 320 Qi z N% EXISTING EXISTING M EXISTING PROPERTY LANDSCAPE RB LINE AREA Do►. 10. 30. 13 RV # OVA ql�or Dmwn; AV EXISTWx SIDEWALK EXISTING SIDEWALK Job., 13-171 I - 1 0 PFROPOSEDISITE PLAN CoULF TO DAY SLV0 SCALE: 1/16" a V-0" AS1.j L 71 i rA NO V 0 1 2013 -C ye r ZWm Mom cbwm w-jw Oy a R I F] NEW CURB 7 1 V) • i z IZZ EXISTING 0 O L NEW RAMP L NEW LANDSCAPE CURB 15 z AREA = 320 Qi z N% EXISTING EXISTING M EXISTING PROPERTY LANDSCAPE RB LINE AREA Do►. 10. 30. 13 RV # OVA ql�or Dmwn; AV EXISTWx SIDEWALK EXISTING SIDEWALK Job., 13-171 I - 1 0 PFROPOSEDISITE PLAN CoULF TO DAY SLV0 SCALE: 1/16" a V-0" AS1.j PROPOSED SOUTH ELEVATION �01 SCALE: 1/5" - 1'-0" 1 102 1 PROPOSED EAST ELEVATION SCALE: 1/8" = V-011 tz =�Ui C vi AI m r %Z 0 p g 0 U) O CO I-- . ZM 10. 30. 13 ZW . N/A Qa_M W AZP viom 13-171 0 C, 0 >L) w v) 00 _0 4' C" C Cl. 0 10. 30. 13 REF N/A O.--Z O AZP Job: 13-171 0 C, 0 Z I-N n 00 0 C Date: 10. 30. 13 REF N/A Drawn: AZP Job: 13-171 Shoot A-1 a 1. �01PROPOSED WEST ELEVATION SCALE: 118" - 1' -0" r r yLT CSI PROPOSED NORTH ELEVATION SCALE: 1/8" = 1' -0" Y k � k L � d l� �I W a H Zm ZW.� 0aW FAOM V) v v H- > t �.m p Z v c Q � U Y C v Z q - 0 D 0 c REF / : N/A Drawn: AZP Job: 13 -171 Sheet A 1 b .Lj L 1=101412� 1WXMr_AWAM#jX�jM FJ.R. -5/8" NO I.D. cp MIA I F. 1. R. -518" NO I.D. CA m P.O.B. THE SOUTHEAST CORNER OF LOT 5, BLOCK A • a I E C. 1. R. — 5/8 L.B.#7258 rt N. R/W LINE) I CA, 4 T I - ASPHALT PARKING In 1 4 CL W 4 nR, n" 1��- CR 44" `- ASPHALT PARKING—) DOUBLE DETECTOR CHECK VALVES 8- CONCRETE CURB 9 135.00'(D) STATE ROAD 60 100' PUBLIC RIGHT OF WAY 78' PAVEMENT WIDTH r SIGN rdiffiflm� 9-- I R C) C) 0 --j LL- --j Lj- -_j 00 DRAWN BY: DFP LL Q AMEWA77014S 9. EP EDGE OF PAVEMENT Q SANITARY MANHOLE 0 ELECTRIC BOX Ca CL S1W SIDEWALK Z) - Q as DIW DRIVEWAY FQ1 E UNDERGROUND ELECTRIC MARKER W n CONC CONCRETE 2) PHONE BOX CONCRETE LIGHT POLE SKYCREST SUBDIVISION, AS RECORDED IN PLAT BOOK 28, PAGE 30, (y) CN 24 (N TYP TYPICAL WATER METER POINT OF BEGINNING; RUN THENCE S 00 33'28" E, ALONG THE WEST a- Q: FCLR. FOUND CAPPED IRON ROD F.C.1,R. FOUND CAPPED IRON ROD 89722753" W, ALONG THE NORTH RIGHT OF WAY LINE OF GULF TO Z 11 F.P.K.IDISK FOUND P.K. NAIL & DISK &C.LR- SET CAPPED IRON ROD THENCE S 89 22'53" E, ALONG THE SOUTH LINE OF SAID LOT 5, 6 C) E L.B. LICENSED BUSINESS (P) FIELD MEASUREMENT SvRVEYOR's NOTES: ct pVGy PRIVACY FENCE (P) PLAT MEASUREMENT CONC. CONCRETE THE GROUND UNDER THE SUPERVISION OF A FLORIDA REGISTERED LAND SURVEYOR AND CL c, wV ACCURACY FOR THIS PROPERTY'S EXPECTED USE. @> WATER VALVE A/C AIR COND177ONER PER DEED. c a X 3) THIS SURVEY WAS CONDUCTED FOR THE PURPOSE OF A BOUNDARY SURVEY ONLY, AND IS WVF WOOD FENCE NOT INTENDED TO DELINEATE THE REGULATORY JURISDICTION OF ANY FEDERAL, STATE; Q3 FIRE HYDRANT DRAINAGE MANHOLE 4) THIS SURVEY WAS CONDUCTED WITHOUT THE BENEFIT OF AN ABSTRACT OF TITLE, -.j TRANSFORMER N.C.F. NO CORNER FOUND OR SET AGREEMENTS, RESERVATIONS, RESTRICTIONS, OR OTHER SIMILAR MATTERS OF PUBLIC RECORD, Lu NOT DEPICTED ON THIS SURVEY. oCO CLEANOUT co PCP PERMANENT CONTROL POINT C=) a OBSERVED AS A PART OF THIS SURVEY, UNLESS OTHERWISE SHOWN. SHRUBS WERE NOT c4 LOCATED, UNLESS OTHERWISE SHOWN. MAILBOX POWER P OLE FLORIDA LICENSED SURVEYOR AND MAPPER. MONITOR WELL 7) THE PROPERTY SHOWN HEREON APPEARS TO FALL WITHIN FLOOD ZONE "X", AS SHOWN ON 9-- I R C) C) 0 --j LL- --j Lj- -_j 00 DRAWN BY: DFP LL Q 9. LECYAL VESCPJMON. Ca CL THAT PART OF THE SOUTHWEST 114 OF THE NORTHWEST 114 OF Z) - SECTION IJ, TOWNSHIP 29 SOUTH, RANGE 15 EAST PINELLAS Q ca CN COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 5, BLOCK A, UNIT C SKYCREST SUBDIVISION, AS RECORDED IN PLAT BOOK 28, PAGE 30, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, FOR A POINT OF BEGINNING; RUN THENCE S 00 33'28" E, ALONG THE WEST RIGHT OF WAY LINE OF PEGASUS AVENUE, 150.0 FEET; THENCE N 89722753" W, ALONG THE NORTH RIGHT OF WAY LINE OF GULF TO BAY BOULEVARD, 135.0 FEET, THENCE N 00-33'28- W 150.0 FEET, THENCE S 89 22'53" E, ALONG THE SOUTH LINE OF SAID LOT 5, 135.0 FEET TO THE POINT OF BEGINNING. SvRVEYOR's NOTES: 1) THIS IS A BOUNDARY SURVEY OF THE ABOVE DESCRIBED TRACT OF LAND ONLY MADE ON THE GROUND UNDER THE SUPERVISION OF A FLORIDA REGISTERED LAND SURVEYOR AND MAPPER, AND EXCEEDS THE MINIMUM TECHNICAL STANDARD FOR HORIZONTAL AND VERTICAL ACCURACY FOR THIS PROPERTY'S EXPECTED USE. 2) BEARINGS REFERENCED TO THE WEST LINE OF PEGASUS AVENUE AS BEING S 00-3Y28" E, PER DEED. 3) THIS SURVEY WAS CONDUCTED FOR THE PURPOSE OF A BOUNDARY SURVEY ONLY, AND IS NOT INTENDED TO DELINEATE THE REGULATORY JURISDICTION OF ANY FEDERAL, STATE; REGIONAL OR LOCAL AGENCY, BOARD, COMMISSION OR OTHER SIMILAR ENTITY. 4) THIS SURVEY WAS CONDUCTED WITHOUT THE BENEFIT OF AN ABSTRACT OF TITLE, THEREFORE, THERE MAY BE OTHER EASEMENTS, RIGHTS—OF—WAY, SETBACK LINES, AGREEMENTS, RESERVATIONS, RESTRICTIONS, OR OTHER SIMILAR MATTERS OF PUBLIC RECORD, NOT DEPICTED ON THIS SURVEY. co 5) NO UNDERGROUND UTILITIES, UNDERGROUND ENCROACHMENTS, BUILDING FOUNDATIONS WERE C=) a OBSERVED AS A PART OF THIS SURVEY, UNLESS OTHERWISE SHOWN. SHRUBS WERE NOT c4 LOCATED, UNLESS OTHERWISE SHOWN. 6) THIS SURVEY NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 7) THE PROPERTY SHOWN HEREON APPEARS TO FALL WITHIN FLOOD ZONE "X", AS SHOWN ON THE FLOOD INSURANCE RATE MAP- 12103C, COMMUNITY PANEL NUMBER 0190 H. MAP REVISED 5/17/05. Date Signed. Alex B. Thomp State of Flori 11-15-12 Registered Land Su V I-I Qpper Lost Date of Field Survey — 9-- I R C) C) 0 --j LL- --j Lj- -_j 00 DRAWN BY: DFP