Scan of Application
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CITY OF CLEARWATER
APPLICATION FOR ZONING ATLAS AMENDMENT
PLANNING DEPARTMENT
MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE A VENUE, 2nd FLOOR
PHONE (727) 562-4567 FAX (727) 562-4576
APPLICANT, PROPERTY OWNERS, AND AGENT INFORMATION:
Andrew R. Duff, Trustee U/A/O 9/7/88 known as Trust No. 202D229
APPLICANT NAME: r./n r.nnt:in~nt-;:)l Wi..,,)';:)t-/'> nl':C!n,..;;:,t-/'>C!
63 Kendrick Street, Needham, MA 02494-2708
MAILING ADDRESS:
PHONE NUMBER:
FAX NUMBER:
See Exhibit "A" attached.
PROPERTY OWNERS:
(List all owners)
AGENT NAME: E. D. Armstronq III, Esquire. Johnson, Pope, Bokor. Rup~e1 & Burns, LLP
MAILING ADDRESS: P. O. Box 1368, Clearwater, FL 33757-1368
PHONE NUMBER:
727-46b18l8
FAX NUMBER: 727-462-0365
SITE INFORMATION:
LOCATION: Easterly side of Gulf Boulevard, south of Sand Key Bridge
STREET ADDRESS: 1201 and 1241 Gulf BOll] evard
LEGAL DESCRIPTION: See Exhibit" B" attached.
PARCEL NUMBER:
20/29/15/73427/000/0020 and 20/29/15/73427/000/0010
EXISTING ZONING:
(Not zoned)
PROPOSED ZONING: Tourist (T)
LAND USE PLAN
CLASSIFICATION: Resort Facilities Hiqh (RFH)
Approx. 7,73[ acres
ORIGINAL
AiCSVJ=t'>
OCT 0 1 2007
SIZE OF SITE:
PlANNING DEPARTMENT
CRY OF CLEARWATER
REASON FOR REQUEST:
See Exhibit "C" attached.
igned. acknowledge that all
n$made in this application
accurate to the best of my
STATE OF FLORIDA, COUNTY OF PINELLAS
Sworn to and subscribed before me this '2.. f/."...... day of
September . A.D,.~ 2007 to me and/or
by E. D. Armstronq III ,who is personally
known h~ _ _______ as
identification,
N~t.~
my commission expires:
i~' Jay~e .E. Sears
~ . Expires September 2, 2009
.".18 --""'IiIl.'-...... eoo.aIW01t
Page 1 of 2
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CITY OF CLEARWATER
AFFIDAVIT TO AUTHORIZE AGENT
PLANNING It DEVELOPMENT SERVICES ADMINISTRATION
MUNICIPAL SERVICES BUILDING, 100 SOUI'H MYR1LE AVENUE. zwi FLOOR
PHONE (727)-562-4567 FAX (727) 562-4576
ANDREW R. DUFF, TRUSTEE U/A/D 9/7/88, KNOWN AS TRUST NO. 20330229
(Imne of .. property _rII)
1. That (I am/we are) the owner(s} and record title holder(s} of the following described property:
1201 Gulf Boulevard
parcel No. 20/29/15/73427/000/0020
(Acldreu or Gen_ 1.IlcIIIIon)
2. That this property constitutes the property for which a request for a:
Rezoning to Tourist (T)
(N8ture of .........,
3. That the undersigned (haslhave) appointed and (doeslclo) appoint E. D. Armstronq III. Esquire,
Johnson, Pope, Bokor, Ruppel & Burns, LLP, 911 Chestnut Street, C1ea:nrater, FL 33756
.. (/I111lhl1i') 1gent(a) to __ any petIllonIl or oilier dClcu-a _ry to lItrect auell petition;
4. That this affidavit has been executed to induce the City of Clearwater. Florida to consider and act
on the above desaibed property;
S. That (1Iwe), the undersigned authority. hereby certify that the
, Truste
Ct-tlO ~OUr Trust No. 2
aTA TE OF ....A1aA.- . L
COUNTY OF...... ~T
Before me the lIndJU'Bial18d. an officer duly commissioned by the IIlWI of the State ~ on this a I dllY of
Septe2llb8r , ~ personally appeared Andrew"R. OUff, Trustee* who having been ft~t duly lIWOm
depol88 and sa~ thathel8he fully underltandl the contents of the affidavit that helshe signed.
9/7/88, known as ,j? f_ .J. .
NO. 2030229 r Le.A.JtJ ~ "-l:Jtl-fU.---^-'
"'C7 U Notary Public
~~ JENNIFER R.GREEN ~
nrvlBlrlAIlIdavIIto Au1horiItI Agent I ~ :' " '(" ReSident StIMIl'Iit CountY
t. * I NotarY Public. State 01 OhiQ
'" C) ! My Commission Expires 08/261~
"'-':~I: ~ ,,~'
""l,;E 0 f ~,.""
"II'!IO'))','
ORIGINAL
RECEIVED
OCI 0 1 2007
PlANNING DEPARTMENT
CITY Of ClEARWATER
e
41
CITY OF CLEARWATER
AFFIDAVIT TO AUTHORIZE AGENT
PLANNING & DEVELOPMENT SERVICES ADMINISTRATION
MUNICIPAL SERVICES BUILDING. 100 SOUTH MYRTLE AVENUE. 2'" flOOR
PHONE (727)-562-4561 FAX (727) 562-4576
D. A. BENNETT COMPANY, a Florida corporat!on
(N8m8 01811 propel1y own....)
1. That (I amlwe are) the owner(s) and record title holder(s) of the following described property:
1241 G~lf Boulevard
Parcel No. 20/29/15/73427/000/0010
~a.., G8IllmII Loc8I1an)
2. That this property constitutes the property tor which a request for a:
Rezoning to Tourist (T)
(N8t1n of l'8q....t)
That the undersigned (haslhave) appointed and (does/do) appoint E. D. Arms.tron9 n.r, Esquire,
Pope, Boko~, Ruppel & Burns, LLP, 911 Chestnut Street, Clearwater, FL 33756
.nl(a) III gpc8ClIla lift)' pgII\Ionl 01 !'!her documenl6 neceSS8l)' III 81111d IUCh pelilllln:
That this affidaVit has been executed to induce the City of Clearwater, Florida to consider and act
.ol"lthe above described property;
STATE OF FLORIDA.
COUHTY OF PlNfUAS ~
Before me the undel1ligned, an officer duly COlTlf1'i....;oned by the laws of the Slate of Florida. on this ~ 7 day of
September, 2001pel1lOnally appeared ~ f". aennett,~ who having beitn 1\1111 duly sworn
.._...._~.,_..,_..._al.. .........-. ...... 4..~.
'.. Vice P.r:es.of D. A. Bennett ,,-,",y, ~ '
a Flo.r id~ corporatio.", on beh., of the ~. Z;,. .
corporat1.on, , L I .. Notary Public
My CommIssion Expires: 7/2bIO?
(I/we), the undersigned authority, hereby certify that the foregoing is true and correct.
~~qz;e:F10rida
prnperl'J~ A. Bennett, II, Vice Pres.
s: lIPplication lllrmsIdawlopman1 review1Allld8Y11 to AuthoIlze Agenl
MI"~"t.re.. Notary .Public StIle of Florida
~...~ NlIIlCJWl~1n
'l C .. .I My ConllnlI*ftD0431810
.~ ., ,., . Explrea 0712t12OO8
ORIGINAl..
RECEIVED
OCT 0 1 2007
PlANNJNe DEPARlMENr
cnv (')l: CL~A,~A~
e
EXHIBIT "A" TO
APPLICATION FOR ZONING ATLAS AMENDMENT
Parcel 1
Owner:
Andrew R. Duff, Trustee, U1A1D 9/7/88, known as
Trust No. 2030229
c/o Continental Wingate Associates
63 Kendrick Street
Needham, MA 02494-2708
Address of Property:
Parcell D #:
1201 Gulf Boulevard
20/29/15/73427/000/0020
Parcel 2
Owner:
D.A. Bennett Company
2623 McCormick Drive #101
Clearwater, FL 33759-1046
Address of Property:
ParcellD #:
1241 Gulf Boulevard
20/29/15/73427/000/0010
ORIGINAl.
RECEIVED
Gel u 1 2007
PlANNING DEPARTMENT
CRY Of CLEARWATER
e
EXHIBIT "B" TO
APPLICATION FOR ZONING ATLAS AMENDMENT
Parcel 1
Lot 2 of the recorded plat of SUBDIVISION OF RADISSON BA YSIDE HOTEL, in
Section 17 and 20, Township 29 South, Range 15 East, Pinellas County, Florida; more
particularly described as follows:
Commence at the Southwest corner of said Section 20, thence N. 01044'32" W., a
distance of 4182.26 feet along the Westerly right of way line of said Section 20 to a
point on the Easterly right of way line of Gulf Boulevard, State Road No. 699 (a 100 foot
right of way); thence along said Easterly right of way line, N. 42013'31"E., a distance of
1 078.05 feet for a Point of Beginning; thence continuing along said right of way line,
1074.72 feet; thence S.47046'29"E., a distance of 195.07 feet to an "X" cut on a
concrete seawall; thence continue S. 47046'29"E., to the mean high water line to a point
hereinafter referred to as POINT "A" as convenience, thence returning to the Point of
Beginning, run thence S. 47046'29"E., a distance of 107.10 feet; thence N. 42013'31"E.,
a distance of 5.00 feet; thence S.4r46'29"E., a distance of 87.99 feet to an "X" cut on
the seawall; thence meandering along said seawall and the mean high water line to
POINT "A", Containing 4.8 acres, more or less.
Parcel 2
Lot 1, SUBDIVISION OF RADISSON BA YSIDE HOTEL, according to the plat thereof as
recorded in Plat Book 101, Page 35, Public Records of Pinellas County, Florida, more
particularly described as follows:
A portion of Section 20, Township 29 South, Range 15 East, Pinellas County, Florida,
being more fully described as follows:
Commence at the Southwest corner of said Section 20; thence N01044'32" W., 4182.26
feet along the Westerly line of said Section to a point on the Easterly right of way line of
Gulf Boulevard, a 100 foot right of way; thence along said Easterly right of way line,
N42013'31"E., 426.71 feet to the POINT OF BEGINNING; thence continuing along said
right of way line, 651.34 feet; then S.47046'29"E., 107.10 feet; thence N 42013'31"E,
5.00 feet; thence S. 47046'29"E., 87.99 feet to an "X" cut on a concrete seawall; thence
continue S. 47a46'29"E to the mean high water line to a point hereinafter referred to as
point "An for convenience; thence returning to the POINT OF BEGINNING; run
S.47046'29"E., 195.1Q feet to an "X" cut on a concrete seawall; thence continue
S.4r46'29" E. to the mean high water line; thence along said water and winding
therewith in a NQrtheasterly direction to the aforementioned point "A".
ORIGINAl.
RECEIVED
OCT 0 1 2007
PlANNING OFP.6PTMENr
em
\,,'0
e
EXHIBIT "C" TO
APPLICATION FOR ZONING ATLAS AMENDMENT
The subject property consists of approximately 7.73 acres and is currently developed
with a hotel and retail uses. The property was included in the Settlement Agreement
between U.S. Steel and City of Clearwater, dated October 17, 1986, No. 78-4765-7 and
amended February 4, 1987, No. 83-14905-7 ("Settlement Agreement"). Per the terms
of the agreement, the Settlement Agreement expired October 17, 2006. The property
was developed in accordance with Sections 12 and 16 of the Settlement Agreement
and accordingly, retained a zoning of Business (B). This zoning district no longer exists
and therefore the property is currently not zoned. The land use designation of the
property is Resort Facilities High (RFH). The Applicant requests rezoning to Tourist in
order to zone the property consistent with its existing use and compatible with the
existing land use designation.
Standards:
1. The proposed amendment is consistent with and furthers the goals,
policies and objectives of the Comprehensive Plan and furthers the
purposes of the Community Development Code and other City
ordinances and actions designed to implement the Plan.
The Tourist zoning category allows the existing uses of the property to
conform to Code and is reflective of the traditional use of these parcels.
Hotel and retail shops have operated at this location since their
construction in 1989. The requested Tourist zoning district is compatible
with the existing land use designation of Resort Facilities High.
The Comprehensive Plan designates land use elements which encourage
the renewal of the beach tourist district (Policy 2.1.2) and mixed use
development (Obj. 2.2).
The Plan provides for the Resort Facilities High land use designation to be
paired with zoning categories of High Density Residential, Tourist, or
Commercial (Policy 3.2.1). This proposed rezoning reflects the actual use
of the site and is compatible with the current land use.
2. The available uses to which the property may be put are appropriate to
the property that is subject to the proposed amendment and compatible
with existing and planned uses in the area.
The current uses have been in existence at this location for 18 years and
are compatible with the other residential and tourist uses on Sand Key.
ORIGINAl.
RECEIVED
OCT 0 1 2001.
P~NNI~ m'!>^l'l~~ENT
t....l,y Ui' """.",~ "~,,,'..;~R
e
3. The amendment does not conflict with the needs and character of the
neighborhood and the City.
The amendment will not impact the current uses, which are compatible
with the neighborhood. The current use provides retail and restaurant as
well as a hotel. The property is located at the northeast end of Sand Key,
just south of the bridge and beach area owned by the City of Clearwater.
To the south of the property is a condominium development. The uses
across Gulf Boulevard from the property are a public park, hotel, and high-
rise condominiums,
4. The amendment will not adversely or unreasonable affect the use of
other property in the area.
The rezoning will not have an adverse effect on any of the existing
improvements, or neighboring properties.
5. The amendment will not adversely burden public facilities, including the
traffic-carrying capacities of streets, in an unreasonably or
disproportionate manner.
The proposed zoning is consistent with the existing use of the property
and the underlying land use plan. Consistent with the Comprehensive
Plan, Section 5, any future development must not negatively impact
existing infrastructure. The rezoning of this property does not impact the
infrastructure as existing uses are consistent with the zoning and land use.
6. The district boundaries are appropriately drawn with due regard to
locations and classifications of streets, ownership lines, existing
improvements and the natural environment.
The application includes two entire parcels, which is all of the land owned'
by the participating land owners.
#415686 vi - Cedarwood/Exhibits to Rezoning App
ORIGINAl
RECENED
OCT 0 1 2007
PlANNING DEPARTMENT
CITY OF ClFA,r:lUI^teR