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LUZ2009-06001 - 2337 Gulf To Bay Blvd - Lokey Oldsmobile Inc - August 18, 2009LUZ2009-06001 2337 GULF TO BAY BLVD LOKEY OLDSMOBILE, INC. PLANNER OF RECORD: CLL ATLAS # 299A ZONING: MHP LAND USE: RM RECEIVED: 06/02/2009 INCOMPLETE: COMPLETE: MAPS PHOTOS: STAFF REPORT: DRC: CDB: CLWCoverSheet - ~` CDB Meeting Date Case Number: Owner/Applicant: Address: Agenda Item: August 18, 2009 LUZ2009-06001 Lokey_ Oldsmobile, Inc. 2337 Gulf to Bay Boulevard E-1 CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT BACKGROUND INFORMATION REQUEST: (a) Future land use plan amendment from the Residential Medium (RM) Classification to the Commercial General (CG) Classification. (b) Rezoning from the Mobile Home Park (MHP) (MHP) District to the Commercial (C) District. SITE INFORMATION PROPERTY SIZE: 26,702 square feet or 0.613 acres PROPERTY USE: Current Use: Vehicle Sales/Display Proposed Use: Vehicle Sales/Display PLAN CATEGORY: n_._...__. r..~~~..._.. T~,.,.:,1,...4:,.t r,r,..l:.,..., mr,r~ 1.U11G11L I.QIG~'Vl~'. riW1UGllL1Cl1 1V1GU1ull1 `1~1V1) Proposed Category: Commercial General (CG) ZONING DISTRICT: Current District: Mobile Home Park (MHP) Proposed District: Commercial (C) EXISTING North: Vehicle Sales/Display, Office, Restaurant, and SURROUNDING USES: Attached Dwellings West: Vehicle Sales/Display, Office South: Mobile Homes East: Vehicle Sales/Display, Office and Mobile Homes Community Development Boazd -August 18, 2009 -Case LUZ2009-06001 -Page 1 of 10 S:\Planning Department\CDB\Land Use Amendments\LUZ 2009U.UZ2009-06001 - 2337 Gulf to Bay Blvd -Lokey Oldsmobile, Inc\Staff Reports\LUZ2009-06001 StaffReport.doc ANAi.Y~i~: This future land use plan amendment and rezoning application involves property comprising approximately 0.613 acres in area located on the south side of Gulf to Bay Boulevard, approximately 1,090 feet west of Edenville Avenue and approximately 1,740 feet east of Belcher Road. This property has a future land use plan classification of Residential Medium (RM) and a zoning designation of Mobile Home Park (MHP). The applicant is requesting to amend the future land use plan classification of the site to the Commercial General (CG} classification and to rezone the property to the Commercial (C} District. The amendments will make the future land use plan and zoning atlas consistent with the actual use of the property since 1995, as well as the parcels to the east and west, which are under the same ownership. The property consists of an approximately 20,000 square foot vehicle display area, and approximately 6,000 square foot pervious surface (detention area and landscape islands). The property is located along an arterial street and is 280 feet deep. Historically the parcel was used to gain access to Hillcrest Mobile Home Park (MHP) to the south. Second Street, a private street within the Park, connected to Gulf to Bay Boulevard via the parcel. In January 1990 Lokey Oldsmobile, Inc. acquired the entire Hillcrest Mobile Home Park (MHP) and shortly after removed the existing mobile homes from the subject parcel and closed off access between it and the rest of the Park. Lokey Oldsmobile, Inc. had acquired the parcel to the east in 1988, while the parcel to the west has been an automobile dealership since 1959. In 1995 the subject parcel was approved for a Conditional Use (CU#95-37) to permit outdoor retail sales and/or storage of vehicles (the existing use on the contiguous parcels to the east and west). In 1996 Lokey Oldsmobile, Inc. declared a Unity of Title between the subject parcel and the adjacent parcel to the east and to the west. Currently, there is no cross-access between Hillcrest Mobile Home Park (MHP) and the subject parcel. A detention area in the southeast portion of the parcel, as well as a concrete wall extending nearly the entire length of the parcel, serve as buffers. It should also be pointed out that the current Residential Medium (RM) designation is incompatible with the Mobile Home Park (MHP) District. Approving the proposed future land use plan designation and zoning designation will bring the subject property into conformance with the Comprehensive Plan and Community Development Code. Although no plans have been submitted, the future land use plan amendment and rezoning make redevelopment of the parcel possible, in conjunction with the parcels to the east and west that are joined by a Unity of Title. In accordance with the Countywide Plan Rules, the future land use plan amendment is subject to approval by the Pinellas Planning Council and Board of County Commissioners acting as the Countywide Planning Authority. Based on the requested density, review and approval by the Florida Department of Community Affairs is required. Community Development Board -August 18, 2009 -Case LUZ2009-06001 -Page 2 of 10 S:\Planning Department\C D BU.and Use Amendments\LUZ 2009\LUZ2009-06001 - 2337 Gulf to Bay Blvd -Lokey Oldsmobile, Inc\Staff Reports\LUZ2009-06001 Staff Reportdoc I. CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN [Section 4- 602.F.1 and Section 4-603.F.1 and 2] Recommended Findings of Fact Applicable Goals, Objectives and Policies from the Clearwater Comprehensive Plan in support of the proposed land use plan amendment are as indicated below: A.2.2.1 Policy -Land Uses on the Comprehensive Land Use Plan Map shall generally be interpreted as indicated in the following table. The intensity standards listed in the table (FLOOR AREA RATIO -floor area ratio; ISR -impervious surface ratio) are the maximum allowed for each plan category, except where otherwise permitted by special area plans or redevelopment plans approved by the City Council. Consequently, individual zoning districts, as established by the City's Community Development Code, may have more stringent intensity standards than those listed in the table but will not exceed the maximum allowable intensity of the plan category, unless otherwise permitted by approved special area plans or redevelopment plans. Plan Classification Primary Uses Per Plan Cate o Max. Density/Intensity Per Plan Cate o Consistent Zoning Districts Residential Medium Moderate to High Density 15 Dwelling Units Per Medium Density (RM) Residential Acre; FAR 0.50; ISR 0.75 Residential (MDR); Medium High Density Residential (MHDR) Commercial General Office; Retail; Personal 24 Dwelling Units Per Commercial (C); (CG) Service; Overnight Acre; 40 Overnight Office (O) Accommodations; Accommodation Units Per 1 __ ;~lh.,lo~µle• \xlarel;0'use I > Acre' FAR n GG• TCA !1 O!1 I > > 1 I A.3 Goal -The City of Clearwater shall ensure that all development or redevelopment initiatives meet the safety, environmental, and aesthetic needs of the City through consistent implementation of the Community Development Code. A.6.2 Objective -The City of Clearwater shall continue to support innovative planned development and mixed land use development techniques in order to promote infill development that is consistent and compatible with the surrounding environment. A.6.2. I Policy - On a continuing basis, the Community Development Code and the site plan approval process shall be utilized in promoting infill development and/or planned developments that are compatible. A.6.2.2Policy -Encourage land use conversions on economically underutilized parcels and corridors, and promote redevelopment activities in these areas. Community Development Board -August 18, 2009 -Case LUZ2009-06001 -Page 3 of 10 S:\Planning Department\C D B\Land Use Amendments\LUZ 2009\L.UZ2009-06001 - 2337 Gulf to Bay Blvd - Lokey Oldsmobile, Inc\Staff Reports\LUZ2009-06001 Staff Reportdoc B.1.4 Objective -The City shall specifically consider the existing and planned LOS on the road network affected by a proposed development, when considering an amendment to the land use map, rezoning, subdivision plat, or site plan approval. The proposed amendment is consistent with the Comprehensive Plan for several reasons. The current Mobile Home Park (MHP) zoning is incompatible with the future land use plan designation of Residential Medium (RM) according to the Comprehensive Plan (see Policy A.2.2.1). By amending the future land use plan, the property achieves Goal A.3, which aims to ensure that all development is subject to consistent implementation of the Community Development Code. Through this amendment, the parcel also becomes consistent with the adjacent parcels to the east and west that are under common ownership. Achieving consistent zoning among the three parcels may encourage redevelopment of this underutilized property along a vital commercial corridor. Recommended Conclusions of Law The existing use developed on the site is compatible with the surrounding area. Land uses within the surrounding area include vehicle sales/display, offices, restaurants, attached dwellings, and mobile homes. In addition to the use being compatible, the proposed plan amendment also brings consistency between the future land use plan designation and the zoning designation. The proposed plan amendment is not in conflict with any Clearwater Comprehensive Plan Goals, Objectives or Policies, and is consistent with the Clearwater Comprehensive Plan. II. CONSISTENCY WITH COUNTYWIDE PLAN Recommended Findings of Fact The purpose of the proposed Commercial General (CG) category, as specified in Section 2.3.3.5.4 of the Countywide Rules, is to depict those areas of the County that are now developed, or appropriate to be developed, in a manner designed to provide community and countywide commercial goods and services; and to recognize such areas as primarily consistent with the need, relationship to adjoining uses and with the objective of encouraging a consolidated, concentrated commercial center providing for the full spectrum of commercial uses. The requested future land use plan category is appropriate due to the location of the subject parcel on the south side of Gulf to Bay Boulevard, between Belcher Road and Old Coachman Road, across the street from and between two parcels with the Commercial General (CG) future land use plan category. The use of the parcel is consistent with the purpose of the Commercial General (CG) classification. Recommended Conclusions of Law The proposed plan amendment is consistent with the purpose and locational characteristics of the Countywide Plan; therefore, the proposed amendment is consistent with the Countywide Plan. Community Development Board -August 18, 2009 -Case LUZ2009-06001 -Page 4 of 10 S:\Planning Department\C D B\Land Use Amendments\LUZ 2009U.UZ2009-06001 - 2337 Gulf to Bay Blvd- Lokey Oldsmobile, Inc\Staff Reports\LUZ2009-06001 Staff Report.doc III. COMPATIBILITY WITH SURROUNDING PROPERTY/CHARACTER OF THE CITY & NEIGHBORHOOD [Section 4-602.F.2 and 3 and Section 4-603.F.3] Recommended Findings of Fact The subject property is located on the south side of Gulf to Bay Boulevard, between Belcher Road and Old Coachman Road. This area has a variety of land uses. To the north across Gulf to Bay Boulevard, are automobile dealerships with a future land use plan classification of Commercial General (CG} and a Commercial zoning designation. This classification permits 24 dwelling units per acre and a floor area ratio of 0.55. The Commercial (C) designation primarily permits office, overnight accommodation, retail, and restaurant uses. To the immediate north, east and west are automobile dealership uses. The parcels to the east and west are part of the Saturn dealership, while the parcel to the north is a Chrysler and Jeep dealership. All have a future land use plan classification of Commercial General (CG) and a Commercial (C) zoning designation. This classification permits 24 dwelling units per acre and a FLOOR AREA RATIO of 0.55. The Commercial designation primarily permits office, overnight accommodation, retail sales, and restaurant uses. To the immediate south is a Mobile Home Park (MHP) use with a future land use plan classification of Residential Medium (RM) and a Mobile Home Park (MHP) zoning designation. This classification permits 15 dwelling units per acre and a floor area ratio of 0.50. The Mobile Home Park (MHP) designation primarily permits residential uses. Farther to the north and west, along Gulf-to-Bay Boulevard, are restaurant, office, overnight accommodations and retail uses, all contributing to the general character of the area as a commercial corridor. The properties farther to the south and east contain a variety of uses, with mobile homes being the most dominant. However, this area also contains office, overnight accommodations and retail sales uses. The Commercial General (CG) and Commercial (C) boundaries are appropriately located along Gulf to Bay Boulevard. This request will eliminate the legal nonconforming use on the site. This request is compatible with the surrounding area and does not conflict with the needs and character of the area. Also, this request will not adversely or unreasonably affect the use of the property in the area. Recommended Conclusions of Law The proposed future land use plan classification and zoning designation are in character with the overall future land use plan categories in the area. The amendment is compatible with the Residential Medium (RM) future land use plan designation to the south and consistent with the Commercial General (CG) classification to the east, west and north across Gulf to Bay Boulevard. Community Development Boazd -August 18, 2009 -Case LUZ2009-06001 -Page 5 of 10 S:\Planning Department\C D B\Land Use Amendments\LUZ 2009\LUZ2009-06001 - 2337 Gulf to Bay Blvd - Lokey Oldsmobile, Inc\Staff Reports\LUZ2009-06001 Staff Report doc The proposed amendments are compatible with surrounding uses and consistent with the character of the immediate surrounding area and neighborhood. IV. SUFFICIENCY OF PUBLIC FACILITIES [Section 4-602.F.5 and Section 4- 603.F.4] Recommended Findings of Fact The overall subject site is approximately 0.613 acres (26,702 square feet) in area and is developed as a vehicle sales/display use. The Residential Medium (RM) future land use designation permits 15 dwelling units per acre for residential uses. Under this current future land use plan category, nine dwelling units are permitted. The proposed Commercial General (CG) classification permits a floor area ratio of 0.55. Under the proposed Commercial General (CG) category, 14,686 square feet could be potentially constructed on this site. The current Mobile Home Park (MHP) zoning designation primarily permits residential use. The proposed Commercial zoning designation primarily permits retail sales and services, offices, restaurants and overnight accommodations. Roadways The accepted methodology for reviewing the transportation impacts of the proposed plan amendment is based on the Pinellas Planning Council's traffic generation guidelines. The Pinellas Planning Councils's traffic generation rates have been calculated for the subject site based on the existing and proposed Future land use plan categories and are included in the following table. M A Y7MT TM D(1TTi'NTT A T T12 A Ti FTf •1A1111~1 V 1 1 1 V 11J1 \ 11AL 11~C11 1 lt. Gulf to Bay Boulevard -Belcher Road to Old Current Existing Proposed Net New Coachman Road Situation Planl Plane Tri s Maximum Daily Added Potential Tri s N/A 59 285 226 Maximum PM Peak Hour Added Potential Tri s N/A 6 27 21 Volume of Gulf to Bay Boulevard -Belcher Road 53,500 53,441 53,500 59 to Old Coachman Road LOS of Gulf to Bay Boulevard -Belcher Road to F F F F Old Coachman Road N/A =Not Applicable LOS =Level-of-Service 1 =Based on PPC calculations of 96 trips per acre per day for the Residential Medium (RM) Future Land Use Category. 2 =Based on PPC calculations of 465 trips per acre per day for the Commercial General (CG) Future Land Use Category. 3 =Based on MPO K-factor of 0.095. Specific uses in the current and proposed zoning districts have been analyzed for the number of vehicle trips that could be generated based on the Institute of Transportation Engineer's Trip Generation 8th Edition. Community Development Board -August 18, 2009 -Case LUZ2009-06001 -Page 6 of 10 S:\Planning Department\C D B\Land Use Amendments\LUZ 2009\LUZ2009-06001 - 2337 Gulf to Bay Blvd - Lokey Oldsmobile, Inc\Staff Reports\LUZ2009-06001 StaffReport.doc .FY ^d {: ~~ .~5'k'~~ ~~k~"' Jr ~l ;fir s a7 ~wr ' 1 'fi ~ .R C 1 a :~~ ~ S t~~:.~ ~ ~f.l -) ~l fJ~; 3 ! t ~ +"'~. < ti tYk ~ t ~ k, ~ ~ 1 3 i 1 ~f~~" _ ,._'~` "'s~~(i ~} ~ ~ ~ ~ * 'i ~~ '`~ ~ 4T.. ~ 1 ~ , ~~ _ ~ YYWYY ~, 1i ' ) 1 t t .apr: .. ~ ~ ~ ~ ~ ~ ! ~ ~1 ~ Y ~ 1,11 tf~ 1~ts { ' ~ i ~r~ ~ ~ '~ 31 ~ Existing MHP District / RM Maximum FUTURE LAND Development USE PLAN Potential Existing Mobile Home Park (MHP)1 (4.99 tri s/unit) 9 units3 45 N/A 0.59 5 N/A Existing Use and Proposed CDistrict/ Maximum CG FUTURE LAND Development USE PLAN Potential New Car Sales (33.34 tri s/1,000 sf fa) 14,686 sf 490 445 2.59 38 33 I =Institute of Transportation Engineer's Trip Generation 8 Edition Land Use 240 2 =Institute of Trans portation Engineer's Trip Generation 8`I' Edition Land Use 841 3 =Dwelling units per acre permitted by the underlying RM FUTURE LAND USE PLAN category is 15. 4 =Total gross floor area ratio permitted by the underlying CG FUTURE LAND USE PLAN category is 0.55. The 2008 Transportation Level of Service (LOS) manual from the Pinellas County Metropolitan Planning Organization assigned the Gulf to Bay Boulevard facility from Belcher Road to US 19 (and the segment from Belcher Road to Old Coachman Road) a Level of Service of F. The traffic analysis above compares the expected traffic generated by the existing zoning district (Mobile Home Park ('NIHP)) of the subject properly and the maximum development poteniiai allowed by the existing use (vehicle sales) and proposed Commercial (C) District and Commercial General (CG) future land use plan designation. Based on the Institute of Transportation Engineers Trip Generation Manual, new car sales developed at the absolute maximum intensity, 14,686 square feet, in the Commercial District would result in 38 PM Peak trips to Gulf to Bay Boulevard. The existing zoning district, Mobile Home Park (MHP), only results in 5 PM Peak trips to Gulf to Bay Boulevard. However, the property is already being used for new car sales and hasn't been used as a Mobile Home Park (MHP) since Lokey Oldsmobile, Inc. bought the property in 1990. In this situation the current use is the proposed use, even though the current zoning district is Mobile Home Park (MHP). Mass Transit The Citywide LOS for mass transit will not be affected by the proposed plan amendment. The total miles of fixed route service will not change. The subject site is located directly on the mass transit route along Gulf to Bay Boulevard. Community Development Board -August 18, 2009 -Case LUZ2009-06001 -Page 7 of 10 S:\Planning Department\C D B\Land Use Amendments\I.UZ 2009\LUZ2009-06001 - 2337 Gulf to Bay Blvd -Lokey Oldsmobile, Inc\Staff Reports\LUZ2009-06001 StaffReportdoc Water The current Future land use plan category could use up to 2,344 gallons per day. Under the proposed Future land use plan category, water demand could approach approximately 818 gallons per day. Since this is a decrease in use, the City's current LOS for water will not be negatively impacted. Wastewater The current Future land use plan category could produce up to 2,109 gallons per day. Under the proposed Future land use plan category, sewer demand could approach approximately 654 gallons per day. Since this is a decrease in use, the City's current LOS for wastewater will not be negatively impacted. Solid Waste The current Future land use plan category could generate 23 tons of solid waste per year. Under the proposed FUTURE LAND USE PLAN category, 68 tons of solid waste could be generated per year. The City of Clearwater Solid Waste Department has confirmed that the proposed land use will not negatively affect the City's current LOS for solid waste. Recreation and Open Space Due to the fact that the site is developed, the payment of Open Space, Recreation Land and Recreation Facility impact fees will not be required at this time. Should the site be redeveloped, the fees will be required prior to the issuance of a building permit. Recommended Conclusions of Law Based upon the findings of fact, it has been determined that the traffic generated by this plan amendment will not result in the degradation of the existing LOS to the adjacent roads beyond the requirements of the City's Comprehensive Plan. Further, there will be no impact to water, wastewater, and solid waste service since the existing and proposed use are the same. Should the parcel be redeveloped, it will be subject at that time to public facility concurrency requirements. Open space and recreation facilities and mass transit will not be affected by the proposed future land use plan category. V. IMPACT ON NATURAL ENVIRONMENT [Section 4-603.F.5.] Recommended of Findings of Fact No wetlands appear to be located on the subject site. This property is developed as an automobile dealership and has trees located in landscape islands and perimeter buffers. Community Development Board -August 18, 2009 -Case LUZ2009-06001 -Page 8 of 10 S:\Planning Department\C D BU.and Use AmendmentsU,UZ 2009\LUZ2009-06001 - 2337 Gulf to Bay Blvd - Lokey Oldsmobile, Inc\Staff Reports\LUZ2009-06001 StaffReport.doc Recommended Conclusions of Law Based on current information, no wetlands appear to be located on the subject site. The intent of the new buyer is to legalize anon-conforming use primarily for possible future redevelopment. The site is currently developed. Any redevelopment would require compliance with the City's tree preservation and storm water management requirements. VI. LOCATION OF DISTRICT BOUNDARIES (Section 4-602.F.6.J Recommended Findings of Fact The location of the proposed Commercial (C) District boundaries is consistent with the boundaries of the subject property, which is generally rectangular. The proposed Commercial (C) District is compatible with the surrounding mixture of uses. The location of the proposed Commercial District boundaries is logical and consolidates this property into the appropriate zoning district. The Commercial zoning district is consistent with the adjacent C zoning district to the immediate north, east and west; it is also compatible with the MHP zoning district located to the immediate south. Recommended Conclusions of Law The district boundaries are appropriately drawn in regard to location and classifications of streets, ownership lines, existing improvements and the natural environment. VII. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT CODE AND CITY REGULATIONS (Section 4-602.F.11 The proposed Commercial General (CG) future land use plan designation permits a floor area ratio of 0.55 while the existing Residential Medium (RM) designation permits a slightly less intensive floor area ratio of 0.50. The 0.90 impervious surface ratio of the proposed Commercial General (CG) designation is an increase from the current Residential Medium (RM) designation imperious surface ratio of 0.75. However, the current development of the property already exceeds the 0.75 impervious surface ratio (approximately 21,700 square feet of the parcel is pavement). The subject property does not meet the minimum required lot area (40,000 square feet) and lot width (200 feet) for the vehicle sales/display use in the Commercial (C) District. However, when combined with the parcels to the east and west under the existing unity of title, it exceeds these requirements (the parcels are approximately 4.73 acres in lot area and 737 feet in lot width). Therefore, the parcel meets the size requirements of the proposed Commercial General (CG) designation and the existing use of vehicle sales/display is permitted in the Commercial District. Community Development Boazd -August 18, 2009 -Case LUZ2009-06001 -Page 9 of 10 S:\Planning Department\C D B\Land Use Amendments\LUZ 2009\I,UZ2009-06001 - 2337 Gulf to Bay Blvd - Lokey Oldsmobile, Inc\Staff Reports\LUZ2009-06001 StaffReport.doc SUMMARY AND RECOMMENDATIONS An amendment of the future land use plan from the Residential Medium (RM) classification to the Commercial General (CG) classification for the subject site and rezoning from the Mobile Home Park (MHP) to the Commercial District is requested. The proposed site is developed as display space and parking lot for the adjacent automobile dealership. The request would bring existing uses into conformance. The subject property does not meet the minimum required lot area and lot width for the Vehicle Sales/Display use in the Commercial District; however, when combined with the parcels to the east and west under the existing Unity of Title, it exceeds these requirements. A mix of nonresidential and residential uses characterizes the surrounding area. The proposed future land use plan amendment is compatible with the existing area. The proposed Commercial General (CG) future land use plan more closely represents the actual use of the parcel, and is consistent with both the City and the Countywide Comprehensive Plans, Countywide Rules, is compatible with the surrounding area, does not degrade public services below acceptable levels, is compatible with the natural environment and is consistent with the development regulations of the City. Approval of this land use plan amendment does not guarantee the right to develop on the subject property. Transportation concurrency must be met, and the property owner will have to comply with all laws and ordinances in effect at the time development permits are requested. Based on the above analysis, the Planning Department recommends the following actions on the request: ACTION: a) Recommend APPROVAL of the Future land use plan amendment from the Residential Medium (RM) Classification to the Commercial General (CG) Classification; b) Recommend APPROVAL of the rezoning from the Mobile Home Park (MHP) District to the Commercial District; Prepared by Planning Department staff Attachments: Resume Application Location Map Aerial Photograph of Site and Vicinity Future Land Use Plan Map Zoning Map n 'i i~ ~~ Cate Lee, Planner II Existing Surrounding Use Map Site Photographs Community Development Board -August 18, 2009 -Case LUZ2009-0600] -Page 10 of 10 S:\Planning Department\C D B\Land Use Amendments\I,UZ 2009\LUZ2009-06001 - 2337 Gulf to Bay Blvd - Lokey Oldsmobile, Inc\Staff Reports\LUZ2009-06001 StaffReportdoc KWOOD ~ ;::I S i> ~~is~vao.~"' ~ ~ ~ ~. ._~...~..W_.~.__r._ .._:::~ NASH ST W ~ > ; ~ Q WHITMAN ST ¢ a t :~-:--.• WHITMAN ST CHAUCER ST W ~ CHAUCER ST .... Y ...______- SHELLEY ST w SHELLEY ST 5 ~ ~ GULF-TO-BAY BLVD ~~ i n LJ W x J W m k:`:''a F: i";~ I jai`:": `:I i~.~.' ' j ~~ 1':::.:' ~.~. a ~I Y~ m __.__.._ [.WnL.1U~.:: "Y:: :::.r~~~. HD o~ O ~-':':::_~~'::':~:~:~.- PROJECT BASCOM WAY p > p r I~ ~, U I I_ u - k .~.. ~__~ r~nuFwnnn RD RD m p ~' '~ G$1 ~ DR p ¢ ~ . O~ DR S ~ MINNEOLA RD ~ r.: ': 1:::: f,l FNMfI(1R an BURNICE DR LOCATION MAP Lokey Oldsmobile, Inc. Owners: Site: 2337 Gulf to Bay Boulevard Land Use Zoning From : RM MHP To: CG C Case: Property Size(Acres): LUZ2009-06001 0.613 PIN : I 18-29-16-00000-310-0710 Atlas Page: I 299A S:\Planning Department\C D B\Land Use Amendments\LUZ 2009\LUZ2009-06001 - 2337 Gulf to Bay Blvd -Lokey Oldsmobi]e, Inc\Ivfaps\LUZ2009-06001 LOCATION MAP.doc ' Y z ~T~Y~yo rti y ti srH S7 2X2 MAP Owners: Lokey Oldsmobile, Inc. Case: LUZ2009-06001 Site: 2337 Gulf to Bay Boulevard Property 0.613 Size(Acres): Land Use Zoning PIN : 18-29-16-00000-310-0710 From : RM MHP To: CG C Atlas Page: 299A S:\Planning Department\C D BU.and Use Amendments\LUZ 2009\LUZ2009-06001 - 2337 Gulf to Bay Blvd -Lokey Oldsmobile, Inc\MapsU.UZ2009-06001 2X2 Map.doc GULF-T0.BAY BLVD 5TH ST S:\Planning Department\C D B\Land Use Amendments\LUZ 2009\LUZ2009-06001 - 2337 Gulf to Bay Blvd - Lokey Oldsmobile, Inc\Maps\LUZ2009-06001 Aerial Photograph.doc ^138.8 ~ 4 1 f9 ~ ~ Q ~ ~... ~ ~ Q Z A -J ~~ tm N 50 ,5o soeR l ~ N l soaN l ~ ~ 1602 ~ 568 J R ~ 6+: ~ s r 594 597 596 595 zm R ~ o _ (C )Commercial "eneral ~ ~ ~ N ~ 1?j N N 850057 GULF-TO-BAY BLVD /~^\ 401 r _ 3 O ~ 0 ,z ~ ~~ ~ W om " ercia " Ge ral ^^^^^~ ^ ^ GULF-TO-BAY BLVD 1~ o, 303b) ~j(M~ /~~ ~~`S n ~,, b 3106F) m N 4 r l H ~ N` ± V`-^1 N (~`J N (1~VI) Residen ial o CG) Co mercial Genera ~ ~ L5z4 0 ~ ~ Med}~m '~ ~ A - (CG) C mmercial ~~ ~ srH sr ~' Ge eral ~~g 971.33 :. ~: gi~j..':::' ::' .:.:.::..:.:.:., : ': (RM) Residential Medium rH 5 sr 6TH ST -:':::;.-:::.:_:;::::;::'::::; :: :::.:.:::::::. 253 ::~~:: ~.':'.~:~.'::'.::-: ~: 3t~:: :::~: ~.~:::::;':^:+::::: ': ':::~::: :~: ~; :r 7TH ST ~. ':: >:' :...:.. .....:. .:; . O N sr 8TH FUTURE LAND USE MAP Owners: Lokey Oldsmobile, Inc. Case: LUZ2009-06001 Site: 2337 Gulf to Bay Boulevard Property Size(Acres): 0.613 Land Use Zoning PIN : 18-29-16-00000-310-0710 From : RM MHP To: CG C Atlas Page: 299A S:\Planning Department\C D B\Land Use AmendmentsU.UZ 2009U,UZ2009-06001 - 2337 Gulf to Bay Blvd -Lokey Oldsmobile, Inc\Maps\LUZ2009-06001 FUTURE LAND USE MAP.doc 138.8 ~ Q ~ ~ 0 `r. +.~ 1a0 N 50 1~ N ,~ Aso ~ ~ ~ ~ ~ 13 zsa.zs 310 R 1 N 1 N 1 N I N ~ ~ I I ' 1 80568 3463 5sa ~, 608 ~ 605 '804 (803 (602 L_ ~ ~ -~ ~, j /~ 597 596 595 g a Y// 2~ ~ ~ ~ ~ ~ o O ~ S ~ ~ r ~ ~ R r N ~ (~ C ~ ~~ N 17j N N ~ ~ c7 150 300 500.51 BO 1UDN GULF-TO-BAY BL VD GULF- -BAY BLVD ~ 3035) 96(M h ~~ 31 ~ N ~~NSS N cry N !~ x240 -' MHP~ ~ ~ ~ z y srH sr '` 9 971.33 ~.;:Si~gj.~'..:~:':'.:::.:;::':~: ~: ~~~'~~:::'.: ~'~:~~~ 8TH ST Lokey Oldsmobile, Inc. Owners: Site: 2337 Gulf to Bay Boulevard Land Use From : RM To: CG ZONING MAP Case: LUZ2009-06001 Property 0.613 Size(Acres): Zoning PIN : 18-29-16-00000-310-0710 MHP C Atlas Page: 299A S:\Planning Department\C D B\Land Use Amendments\LUZ 2009\LUZ2009-06001 - 2337 Gulf to Bay Blvd -Lokey Oldsmobile, Inc\Maps\LUZ2009-06001 ZONING MAP.doc 139 9 60 1:A ~ ~ yMl M ~ N I NI •N I N' N M ~~ N 28125 3~ 1~ ~ 113463 1 59a 4O~ ~ 8~ 1 ~ 1 ~ 1603 1 ~ ][n S 597596+595 ~ ~ ~ ~ y _ ~ a 2~ O ~ ~ ~ ~ ~ ~ ~ o ~ Q ~ ~ 0 Q ~ ~ uto Dealership Auto Dealership ~ ~ O J r„p N ~ D p L(, ~ fD ~ ta0 N 60 ~ .. ~ N ~~ N t'f cpc..'f~~ N N N 300 Epp % N '00.57 60 p tp MM 01 ~P) M `~R~`J ~ GULF- TO-BAY BLVD ~~~~~ GULF-TO-BAY BLVD 1~ ~/ 1~7 CS q 303(5) 98(M ~ .M ~ y3 v ! N 318W C: 0 N N ^r et ~" N N N H ~ ~ ~ ~ 1- 524 0 ~ ~ N ~ ~ ~ X ^1 M ~ ~ 162 Auto Dealership ~ 2 ~ 1 Bank 5rH sr '` ~,• Mobile Ho es .~~5, 922.13 Mobile Homes 5TH ST Mobile H :;:~;;:::e~..`~':'~.:>~'`.`:,~~~::'':`::.~::;.: .~.....'~'tli,..~t;r':.~ .::.:...:.:.:... :'::.~:~: ......: ......: :~:~~.: GDS `. £::::::: ~'.` ::'::::: :'.`.:'::::: ~ ~::~•;: 6TH ST ::::..w:::.:.:::'.::: ::::::.::: ..:.:.:::...~ _::. v/ .. 7TH ST 1.. ~~^ Z N ::$ :: hf 8TH ST EXISTING SURROUNDING USES MAP Owners: Lokey Oldsmobile, Inc. Case: LUZ2009-06001 Site: 2337 Gulf to Bay Boulevard Property Size(Acres): 0.613 Land Use Zoning PIN : 18-29-16-00000-310-0710 From : RM MHP To: CG C Atlas Page: 299A S:\Planning Department\C D BV.and Use Amendments\LUZ 2009\LUZ2009-06001 - 2337 Gulf to Bay Blvd -Lokey Oldsmobile, Inc\Maps\I,UZ2009-06001 EXISTING SURROUNDING USES MAP.docx LUZ2009-06001 Lokey Oldsmobile, Inc. 2337 Gulf to Bay Boulevard View looking west from the subject property View looking south at the subject parcel, 2337 Gulf to Bay Boulevard View looking east from the subject property View looking north from the subject parcel View looking west along Gulf to Bay Boulevard View looking east along Gulf to Bay Boulevard Cate Lee 100 South Myrtle Avenue Clearwater, FL 33756 727-562-4557 Catherine.lee(a~myclearwater.com PROFESSIONAL EXPERIENCE Planner II, Long Range Division City of Clearwater, Clearwater, Florida November 2008 to Present Responsible for numerous aspects of the Growth Management Act of Florida such as comprehensive planning, Future Land Use Plan amendments, rezonings, and annexations. Update Community Development Code by Ordinance. Prepare staff reports for the City Council and Community Development Board. Create maps for decision makers using Geographic Information Systems software. Planner I and Planner H, Development Review Division City of Clearwater, Clearwater, Florida March to October 2008 Provided information to the public concerning the City's Community Development Code, Clearwater Downtown Redevelopment Plan, Beach by Design and general zoning information. Reviewed building plans for compliance with the Community Development Code. Presented Flexible Standard Development applications before the Development Review Committee. • Research Assistant Geography Department, Brigham Young University, Provo, Utah September 2007 to January 2008 Contributed research on various land use and planning issues, including locally unwanted land uses and their roles in the American West for Dr. Richard H. Jackson, AICP. Teaching Assistant Geography Department, Brigham Young University, Provo, Utah January 2007 to December 2007 Explained North American land use patterns and concepts to students, including planning history and current practices. Graded student writing and exams, providing feedback for improvement and clarification of planning concepts. Planning Intern City of Port Angeles, Port Angeles, Washington May to August 2007 Assisted citizens at the zoning counter regarding the City's Municipal Code. Performed research related to intergovernmental cooperation, comprehensive plan amendments, and code changes. Presented research findings to the Planning Commission. EDUCATION Bachelor of Science in Urban, Rural and Environmental Planning, Brigham Young University, 2007 ASSOCIATION MEMBERSHIP • American Planning Association CITY OF CLEARWATER ~'~~ APPLICATION FOR '~I' COMPREHENSIVE PLAN AMENDMENT y =- ~ (INCLUDING FUTURE LAND USE MAP AMENDMENT) ~' PLANMNG DEPARTMENT MUNICIPAL SERVICES BUILDING,100 SOUTH MYRTLE AVENUE, 2nd FLOOR PHONE (727) 562-4567 FAX (727) 562-4576 APPLICANT, PROPERTY OWNERS, AND AGENT INFORMATION: Lokey Oldsmobile, Inc., a Florida corporation APPLICANT NAME: MAILING ADDRESS: 27758 U.S. Highway 19 North (Attn: Paul .IAkey) ea>:water, FL 6 - 0 PHONE NUMBER: (7,~7) 794-21_'~j FAX NUMBER: PROPERTY OWNERS: (Barns aS Appllcailt) (list all owners) ~p~~ i AGENT NAME: Johnson, Pope, AJflor, Rlap~pel & $t]YT1.S, LI,P P. O. Bctx 1368 MAILING ADDRESS: ClearwatPr__F'r. ~~7~,7-1~FR PHONE NUMBER: 727-461-1818 FAX NUMBER: 727-462-0365 SITE INFORMATION: LOCATION: Parcel located On south side o£ Gulf-to-Bay which is a portion of ex~.st~.r-g au ile dea3.ership at 2339 C~ilf-to-Bay Blvd. STREET ADDRESS: (None) LEGAL DESCRIPTION: ~' Exh]blt °A" attached. PARCEL NUMBER: 18~29~16~00000~310~0710 SIZE OF SITE: 95' x 280' (.61 acre) FUTURE LAND USE CLASSIFICATION: PRESEJ~S].dential Medila[t REQUESTED: COI[[BeI-C].al General ZONING CLASSIFICATION: PRESENT _~ PROPOSED7EXTAMENDMENT: NSA (use addkional paper if necessary) RE(~UESTED: C1~7tnEa?-cia1 I (We), the undersigned, acknowledge that all representations made in this application are true and accurate to the best of my/(our) knowledge. IAKEY , IlVC. er presentative Paul B. Lokey, President Signature of property owner or representative STATE OF FLORIDA, COUNTY OF PINELLAS Sworn to and subscribed before me this day of Mme' A.D., X09 to me by P , as ic]ent,~ho is personati known has produced ~L -~ L as identification. *of I,afiaev Oldsmobile, inc.. my commission expiros: MY COMMISSIpN q DD785 f.XNIR85 .tuly 07, 2012 Fl. Na,n, Omooum Assoc. EXHIBIT "A" Parcel ID#: 18/29/16/000001310/0710 Legal Description: The West 100 feet of the East 445.0 feet of the North 330 feet of the West 3/4 of the North '/Z of the NE '/4 of the SW '/4 of Section 18, Township 29 South, Range 16 East, less the north 50.0 feet for Gulf-to-Bay Boulevard. EXHIBIT "B" TO COMPREHENSIVE LAND USE PLAN AMENDMENT APPLICATION The subject property is a .61-acre parcel currently zoned Mobile Home Park (MHP) with an accompanying land use designation of Residential Medium. The parcel is part of an overall 4.7-acre site that is under the same ownership. The Applicant requests rezoning and a land use plan amendment to Commercial and Commercial General respectively. The reason for the change is to make the zoning and land use designation of the subject parcel (i) consistent with the existing (and historic) use of the parcel as part of the automobile dealership and (ii) consistent with the adjoining parcels to the east and west, which are under the same ownership and are zoned "C" with a land use designation of "CG." Standards: 1. The proposed amendment further implementation of the Comprehensive Plan consistent with the goals, policies and objectives of the Plan. The proposed changes are consistent with Goal A.2 of the Clearwater Comprehensive Plan which provides for commercial land uses to be located on arterial or collectors with minimal intrusion to residential neighborhoods, and for residential uses to be located on local and minor collectors. The residential designation of this .61-acre parcel was likely due to its use as an entrance to the mobile home park to the south many years ago. 2. The amendment is not inconsistent with other provisions of the Comprehensive Plan. The existing automobile dealership located on the property is currently a legal non-conforming use. The proposed changes will bring the project into compliance with Code, which will allow any future redevelopment as part of the overall 4.7-acre site under the same ownership. The Comprehensive Plan designates Gulf-to-Bay as a scenic corridor and a corridor for redevelopment. 3. The available uses to which the property may be put are appropriate to the property in question and compatible with existing and planned uses in the area. The land use plan amendment will not have an adverse effect on any of the existing improvements, or neighboring properties. The existing residential designation is on this parcel because many years ago it was part of an entrance to the mobile home park located to the south of the property. 4. Sufficient public facilities are available to serve the property. The current legal non-conforming use of the property is commercial. The parcel size is only .61 acre and the proposed land use plan amendment will not impact public facilities. Any future development of the parcel will be in conjunction with the adjoining parcels. All of the parcels are subject to a Unity of Title, a copy of which is attached. 5. The amendment will not adversely affect the natural environment. The property is currently part of the automobile dealership parking lot. There are no natural features on the site which will be impacted. 6. The amendment will not adversely impact the use of the property in the immediate area. The neighbor to the south is a mobile home park which has been adjacent to the commercial use on the subject property for many years. Should the site be redeveloped, buffering between the uses will be addressed at the time of site plan review. #490979 v1 - Lokey/Exhibits to Rez/LUPA Apps CITY OF CLEARVVATER APPLICATION FOR ZONING ATLAS AMENDMENT PLANNING DEPARTMENT MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, 2°d FLOOR PHONE (727) 562-0567 FAX (7Z7) 562-4576 APPLICANT, PROPERTY OWNERS, AND AGENT INFORMATION: APPLICANT NAME: Lokey Oldsiroblle~.InC., a Florida.COrporation y MAILING ADDRESS: Clearwat:Px, FL 33761-4901 PHONE NUMBER: (727) . 799-2151 FAX NUMBER: PROPERTY OWNERS: (Sc~iC. aS Applicant) (List all owners) E. D. A~trong,IlI: Esqu~.re AGENT NAME: JOhTLSOIIR-~~-i Bo]cQr,_1 & BL~^SiS. LLP P. O. Box 1368 MAILING ADDRESS: ~~~ c~~8 PHONE NUMBER: 727-461-1818 FAX NUMBER: 727-462-0365 SITE INFOR TIO LOCATION: ~~ located on south side of C~ilf--too-Bay which is a portion of the ex~s gau ie pa - y STREET ADDRESS: (nOIlE') LEGAL DESCRIPTION: $eE' E~khibit °A° attached. PARCEL NUMBER: EXISTING ZONING: Nbblle HCZCte Park (1~iP) PROPOSED ZONING: COICitlel~Cia1 (C} LAND USE PLAN CLASSIFICATION: I~Sldent.].al MEd.1lAli (IiNl} - CotimerClal General (OG} 1S regt7ested SIZE OF SITE: 95' x 280' (.61 acre) REASON FOR REQUEST: Please See Exhibit "B" attached. I, the undersigned, acknowledge that all representations made in this application are true and accurate to the best of my knowledge. IAI~Y~AF.a1~I~IIE, INC. ignature of rfy owner or eniative au B. Lakey silent STATE OF FLORIDA, COUNTY OF PINELLAS Swom to and subscribed before me this day of Ma , A.D., 2009 to me and/or byPaul B. cey, as Pres. * ,who is personally known has produced rL D~ as identification. *of ?Alcey Ol e ' ~n Notary public, `~, P my Commission expi ~ My (:DMMISSION q DD7 5163 ~y'~7~o EXP~.RES-July 07, 2012 a~ t; Ndan U~scoum Assoc. Co. I$p(1-7-NO'f:1KY Page 1 of 2 EXHIBIT "A" Pa rce I I D#: 18/29/ 16/00000/310/0710 Legal Description: The West 100 feet of the East 445.0 feet of the North 330 feet of the West 3/4 of the North '/Z of the NE '/4 of the SW '/4 of Section 18, Township 29 South, Range 16 East, less the north 50.0 feet for Gulf-to-Bay Boulevard. EXHIBIT "B" TO ZONING ATLAS AMENDMENT APPLICATION The subject property is a .61-acre parcel currently zoned Mobile Home Park (MHP) with an accompanying land use designation of Residential Medium. The parcel is part of an overall 4.7-acre site that is under the same ownership. The Applicant requests rezoning and a land use plan amendment to Commercial and Commercial General respectively. The reason for the change is to make the zoning and land use designation of the subject parcel (i) consistent with the existing (and historic) use of the parcel as part of the automobile dealership and (ii) consistent with the adjoining parcels to the east and west, which are under the same ownership and are zoned "C" with a land use designation of "CG." 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 property has been owned by Lokey Oldsmobile, Inc. and operated as an automobile dealership since 1990. The proposed changes will allow the existing use to conform to Code. In the event the existing zoning of MHP were to remain in place on this .61-acre parcel, it will not be feasible to develop this parcel as residential, given its small size and its location between two existing Commercial parcels on Gulf-to-Bay. The proposed changes are consistent with Goal A.2 of the Clearwater Comprehensive Plan which provides for commercial land uses to be located on arterial or collectors with minimal intrusion to residential neighborhoods, and for residential uses to be located on local and minor collectors. The Comprehensive Plan designates Gulf-to-Bay as a scenic corridor and a corridor for redevelopment. Parcels on the north side of Gulf-to-Bay are also zoned "C" and designated "Commercial General." 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 "Commercial" permitted uses are appropriate for Gulf-to-Bay Boulevard frontage. Existing parcels to the east and west are also zoned "C" and are under the same ownership and Unity of Title with the subject property. 3. The amendment does not conflict with the needs and character of the neighborhood and the City. The character of this area is currently and has historically been commercial. 4. The amendment will not adversely or unreasonable affect the use of other property in the area. The proposed rezoning and land use plan amendment 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 historic use of the property. The parcel size is only .61 acre and will not impact public facilities. Any future development of the parcel will be in conjunction with the adjoining parcels. All of the parcels are subject to a Unity of Title, a copy of which is attached. 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 proposed rezoning will make the owner's entire 4.7-acre site have the same zoning and land use designation. The other parcels under the same ownership and Unity of Title are the following: Parcel No. 18/29/16/00000/310/0500 (2339 Gulf-to-Bay Boulevard) Parcel No. 18/29/16/00000/310/0600 Parcel No. 18/29/16/52460/000/0020 (2355 Gulf-to-Bay Boulevard) #490979 v1 - Lokey/Exhibits to Rez/LUPA Apps • tRtttttta.trx SaoKbee ~arrJE~rit•1id ttruuped ematepo) ~ waxawn cote ' t, ~ arlnUlt:Rf ttrra i, f. Oa9,03 eat:wK PINEL.L t1S CUUi•!7Y Fl.l1. tN:i7 a ~0-444662 . t R~MGO FORM tf . ~k:k* OFicICIRL RECORDS ~Ix# B~ODK 7F69 PAGE 1598 Tlli Mwtrtat:eot Rspgrvd b;: ;~t3lton A. Janesr Attflxney ,~ 1180 M.E. Clanaland Street . _? werwatezr P'L 34615 ~ rim "T~'Lt i~ . ~~ , t [tttp~r ~ 0} ~ 9 16 /1 /70258 3A 9 18!2 / 18/29/16/00000/310/07tt 3/29/16/703441204/100 9tG ®tYS •-r•,+ UIIE H?II PROr Bf M p t --'~-- 8r'FO! ADOYE M3 UIR AOtI 11EI'AND71i oN(A . i ifl E 1i 6 A ''! tM'Mraw wed txvein tlr wm "Lnt rarer" eaa "raraM Mety" 9uA wa!fudr riaauMe ud ylaNe. bMa, final ryrcnwi.n. aW w>rRru of i SaMrefs ani tht .raa..w and sFq ei eMirraMa~w r~M~wr an wear drain or Moaim.! ~ CIS ~iQl~$s~~~~, A~adc 21tu ~(~tt day o/ ~Gr•taQt~ , .4. D. 1990 €C[4 5crhti D. >rluerkin 8. S. No. 139-2b-5902 _! t' '•~d: . ~ i 1NT w R't~' s t i _' of tlrr. Cauretp rr( $drdBOtA to the $ente of FlOr1C18 part X of the Jtnl purl. and Lokey Oldsmobiier xna, i. D. No. of tlrt' ~'nunl}• of . rn the Mate OJ whose peat eJJtcs oddreta is ' 2339 Gui~-to-Bap Boulevard Clearwater., PL 34625 pa-t5r nJ flr~v{,,at•i•rinrl part. ~l~titfS3~~tr Tho! rlty eatd puny of tlta Jtrst port. Jor and rn eonatderalton o/ the awn of to h1Tn in baad Wald by the card party of the aerond part, the receipt wharoaJ is hc°er'~~°~ s edgod, Eras granted, bargai,tad, and sold to the aa+.I party of eFw second pors,itS aar~ asetg ru Jwerrer. !ha JnlGowiag desur6ad land, sttuate, and balny to the Coualy of Pint311aS State aJ Florida , to•wtf: l,nr-- ~~ - r; C ----- rrv ..------- Lands deaoribed in Exhibit A hexeu~n~tSa annexed. yY ~ rl ~ ~c:~uCY Cw::. rlT l jg 1~f:SO m,~ -'7{nd the sold party of tha Jtr:e part does hersby Jolly warrant the Mlle to acid land, and runt daJ.nd lha carne apa(n;t !!te law(ui dolma of aLl peraoru wkomaoawr. ~fi i~lE@55 ~ILGSf;a~r The said pare y aJ the Jrrse part has lrareuneo ae: his !rand and lest ehe day and Year Jiro! aboac wrlttan. ~.-3 ` Sign d. ~aled a d red n t arr<wence oJ: 1 lltrE+i..AIQEF r CI_EI~K ... :.....~~....-.t.ii~::..~" KftR JAH 5• ).440 4 S O1PM ...............» ......._..,..._ .........._. _............»....._...._............... -=: _-__'~: _ ~ ~. ~_~ o STATE UY FLORIDA L .~-7 `. ' ,~•, "a'~_ y', :o t ~ C ~a `- COL'1TY OF P7CD7ELLA° j - ~' ~beton tm as t t;BRYBY C8R7'IFY that are t>tia'diy, , tftieer duly autYw:ierd in the State afarexid and in the Cormh afercaaid to tale arinowkdamonu, ptrwn+Jly ttppearrd 30FC•7 D. ELOERKIN to mr inovn to be the penoa detcrilxd in and «ho eaecated ttae tortgetrtg Instrumaat and h@ uktwwlydted It hrtare me ttut l1Ea carcutod tle lama. ',} H'1T:iFSS trey hand and oIlitia! ttal to the County and State tact Ftornaid thin 'I' dn7 aT ~gttu;~tat ~. A. 19 90. l tI01AP.Y PUDtIG ST~STE OF FiMIOA t , MY COMMISSION E%P. IrEC.29.IS93 ~ ~,.,»~,~/~'`nr~ ~».1.- .............»....,....-... ~~ anunrCr tuotf GfNCRAt IkS. UND. •••••-......,~:`?!~i+ivr.Si;Y ~r`'• ila r 4 Order: 052801 Doc: FLPINE:7169-01598 Page 1 of 4 Created By: wdeschenes Printed: 5/28/2009 7:12:52 AM EST d** OFFICIAL RCCORDS *Ac~ ' BROh 7169 PA13E iS99 ~ E~SL~IBIT A Reed bpto~s~an John b. R3derkia and Lokey oidsmobfie, inc. ,,, ' LEGAL DESCRYPT,zON OF Z2EAL PROPERTI', }tILLCR£ST MOBILE HOMB P{iRK ' Barth of Druid 8osdµ•Vw. •,~.• ~ ' Parcel. DTa._ 1s .'I"a,e S9a~ of the,:iE~ a!! the 654 of 5eetian 18, 5'ownnhip 29., soutti,•Ritagi~ :1G mat, L1:SS,A2+'ED. EXCBPT that gaxt • th~cat rich is ±aclvctezt• sai~hla'tha~ fal7.oati,ng deaaribeb ' tracts Sagsn at the Sou~seas~t~Qnxa~ .og tho RFC of the S'W~ of said Section; TowsasYt;,p aad•8a:ege, and thence run East a . ' di's~aee bf 39 :eet.ae~,ong as Easterly pmoja~eticai aF t3ae Sant2° lisle a£ said t7WK nfi 6A7~ •theucas un•~traxtlaer~Y is a straig7st: 13re • 1.330.85 feet inarm a7r :legs to a paint on aa.E&sstaerly 8ro~ect:3.On. of the DSOxt3a 13na ni t•2se Est ot.8'.4~, an8,wh3ch point 13:es 24.5 ' foet Fast af• L•'xe Maxtha~,wt ao~es •ofi• said af; ~ ttaenca, + ruu :['iast'erlY ?fb:6' tee-r+ 'ko .ths.•Ltacctlzsast' e:oxaer of said I,iW~' of -, 5*.4r' rt^..^.:.ass .. 5cuth• •a7.^.g the •East::~.ine,ot sA~,d of $W~ . . %33t1.85 ~anaat~mora Gr leas t:b po3~at:•'oi! bag3naiug as $ascrib--d ' ,~iu Final ~ctCZaafl, t'3.1®c? '.7ttaa l4, 19~a5 3.c1 Chaaa~cy Cxr3er Record 285, sun ~.go 46'7', as• ~,nstruttiant ~~to. •2AS70fsA, Chaneasrs! Case 2IO. 42.545 ~ '~.. ' ~TB~ I~SS i~xxi.daedea.tn C3.ty.•of°Cleaxwata3r, Florida, a muniai- pal aorparatian, fa~z stxaxst purg©ses;.,descx~ad as lallowsa " '.IYie Bootle 50 feet y'~• the>S+SesB '~S• feet` ofr t3io Eaa~t 923 feet nf' • the ATest 3/4 og t'ta~ Sou#it S/.4 ot• than tls~ of the Si~~ nt section ' 18, '3'gwaathip ,29; South; Range 3.6 East. . 712 AY50 S~CB • 'Y'he South 50 feat ai the. East• 521 feast of t:Ra3 SW~ ,of than N~ • of SW~ oz Snctiaa 7.6, Townsh3.p 29 Sau;'h, 8angad 16 F,a~at, - 14Ef7 x.1568 SiFB.7FCT '.L'O ~sgs+csnt f~o;n E18vea-Tani Tana., to BZor#.$a Power C+o::poratian dared ~tok+er, dA, 1.957'. recorded peaeadser 20~ - • X957, i.n O.lt. 235. pagt, 71, l~li,a• Retordas o~• Pinellas Cawxty, 9'lasida . N ' • E ' Parce~lgo~,?,a $8gia 8t the 'd7c~'thsaest canner oi' the of t9aa, w SY~dt+nf Sect~.ost 18, Tasvnslstp 29, .Snvth. 13as1ge i6 Enet1 run .. tEsaa2zce South 0°26.36" West fnr 1330.85 feast E°lpycg t'he torts. • acre liner the:sca Sout3a 89°+5`55°• Saar fox 628.52 feet along the fort care 2.ina to the 1?o3rit o~ ~eginningy tixenc~ run South 89 4C =S6" fast:- trs 39 teetf tAeace zua Dlorth 0°11,13" . •Eaat gar '665.59'~eety tl-.enca ruin DTOrt.Ii 89°.47`5" T°?~t for 33 ' ieaty trance taus S.auth Oo42'12" 'Y3'8st: for 665.62 feet ~:o the ; Poi.rst: of 3egi,'~,~ing: ~ . • 7~SS the 3auth 50 feat t2:ertaog 8aeded to ttio City. of C:earwater, f'c+r s'~est purpo;6s. . ' ~caal xYo. 3s The W 3j4 of the, btif'of 'etsa ~t ai' t;7ha SYia2 of 5+acti°n 18,, Towas~xt.p 29 Soutr+s~ RanScs 16 Bast, lase the DY+Cxth ` 33tf.0 feet taer'aof'. ' AISCs Z+EtSS P.r7D FJCCn:~ tha_ gta:t:.ai: Gt Sli3l3 aboV'e 3egcribad , • Rand in i~'3na1 Dearean ~i1ed Sena 10, 1555, iti Chazscs,~ry Ordatr l:acaCd 285, on Pagan 467, a.4 is~stsaima,nt 'DYra. 205706A, Chancery Case bJo. 4d, 546, bei.ng.at.Itezta.+.Esn'descr3be°d ass (Begin at tba ' xiW aer'nar og the 9iEiil of the SW~ at sections •18wZA•-16y thence ' ' S p0°24°36" W' 33Q.0 ta.et.for Point of 9eginningr thence a»ozatiriue $ OOb24 ° 3Cs" W, 335.•43 testy thaanee S 89°47 ° 51" S, , ' 33.0 faet7 thence ~twct~sytesterly°, •335.44 feet mars os: lcsa t° ' a ~.int J.ying & 89°d1'18" E 'af and 28.42 few from i~oitst: of Bag~.tuiing; thence N S9o41a19'° W, X8.42 feet to Point o£ Eegi.s~,~ia9x ALSCS the t'tasct 304.0 feet of t2ie„ ~' t: 445.0 feet of the Z1'arxth i 330 feet of the 'M7 3;4 og 't21v3 21o~t1/2 of ;kha 3~i ot..the Bfa~ 4x' &aatiosz 18, TewrBhip 29 GaL•~.ht~.Itari$'8 16 Elat, LEb"S !~a3 ~. DTc9~'ti'1 50,0 f®pt fors 6ult-•to-Say~$oulavard.. '~ . Order: 052801 Doc: FLPINE:7169-01598 Page 2 of 4 Created By: wdeschenes Printed: 5/28/2009 7:12:54 AM EST ..~ ,. ; ... „ . , i i j _.;~ STJSSECT 'rO: 1. Florida POwer Coraoration easement as to paresis 1, 2 and 3, recorded Llecember 2fl, 1957, in O.fc. Sook 235, Page 71, Pinellas County Records. 2, Basement to City of Clearvrater, recorded ?lurch 31, 29E4 , in O.Q. Sook 5722 , Page 8I2, Pinellas County Records, as to Pazcels 1. 2 and 3. 3. Terms of adsement recOZded April 24, 1959, in O.R. Sopk 3065, Page 405. Pinellas County ~coxds, as to South of Druid Road prupex#Y. 4. existing but not recorded utility and road easements. i 'r A . ~ t; i t~>ti OFr.iC7AL ~'4FC:URbS *** BOQK 7159 PAGE 1600 ' i"he I~iax'triwest Quarter (A1W~) of tlae S4vt~east craarter (S) of t2sa gwthme$t 4uart~ (S~ltj of section 7ttiglstesa (xe} ~ ~owa~ip '~yrenty-nine Sauth (~ 29 8)„ lanago ~sixteea Esgt (fit 16 s}; • being slafl depcrc3bed ass Lots ~tineteess (19} as,+tl a'waaty C.ao; da t2~a. sauffi,wast• Quarter (stet) of saifl sec~.exw 7a~ghteea (S.8) + accard3.tg to the tgap GrC 3P18.$ 4't~ ~'~~+~ CR4t7FS $tj$A~S1~8~ON, as 7:eCaocded 3.1i F3a't $ook Oaia =~.) • mgr Fifty-sine (55), of t2:e~ •pt~sl'~ xeaards of Pinellas County, • glorida, asndt •'khe 8'ifttien Moot (15 tt) strip of laac3 adjo3xiiag the Vieat (Y7} boundary of sai8 Iat ~Cwrsaig (aO} asrX to the YTegt a£ said West bau,n3asy ail withiri• tta3.d NFJ~1 aE SEljc of 5W~. , ,T~csS ~ AL9~ ~~PT t5se Diosrtb Fii'ty Feet (H 50 f't) of ttze abaaa deecxibod ~,e-rtds hexeto~occe ooa- veX+eB t.4 Yha ; j.~ csf Cs.Oa~t~taie, F3.oriti'a, facr r~at'r-at-way fct ~i^u3.i1 Road (axtaz:dad) . 'Y'OC3 ~ ,(~ w~xs asanitracy hewer and stazm ctiraiuage essexaan'~ mve~e ~ is a ~saoe~ti;oa of tot. Th3arty . (3t)} in iiMhs• S,q~xth~aest gua:ctce (s~~) , eccardi~ag to the .map of FrfQOtr•T.n~a GRO9E8 $tE8D2P1SIt~, as reaorde8 its ]?~~ $oo7c•a»e ~Z3, pale p3,:~ty-five . t55j, of *ha public records of Pinellaaa Cce~aty, k'~.ur$c3a, as particu~.arly 8esrri7~ed 3.a Easement reacarda3 osa April 24, 14.69, iti 0.3! : 8aok SO6S, l+age 4f)S, ref #'lae lwhlic reaoxde of-'2i7nellas s :~ Order: 052801 Doc: FLPINE:7169-01598 Page 3 of 4 Created By: wdeschenes Printed: 5/28/2009 7:12:55 AM EST ' HCLIDAg RANCH 1{OBILB H0~ PABX #** OFFICIAL REC4R~ X## Bt3L1K 7149 PAGE 1d01 f Lots k.3.even (1Z! azsd 'it7slve (l2) in the northwest: guartax (NW 1/4) ,. of Seati.+an .3i, 2cywnsh3p '29 saut2~, RF1Age ~.6 East t-ecoxdinq to tihe asap of P3neilas Gxoves, as rscor3s3 ire Plat Eook 1, page 56, of 4'he Publ~.c Records of Pin~e3las CoL.aty, Floridan Lessi anfl exce t the fallowing desexibesR perc:~la Begins at the Rortheast Corner o~said ~t 3.2 far the point of bQginnixxg; frosa the point of beginning tt:us estab~he8 run thence West 143.$3 fast, 2•hmnce South 2284.60 fact, thence East 15Q.55 feet, thence l+torrh 1284.6Q feet to the estabiishedt ' pa3at of beginning. 8nct Less also that pant of Lets li ax:+9 7~2 .: ; 3ying r~ithia 87 #'est of the Eaxt and West center ]ine of section 31, t R'a~rnship 29 South, Range 15, . SVrsJtECZ' 2'0: 1. easement to FLcriBa POwer Cox"poret3on reaor8ed January 15, 1969, in O.R. Hoak 2983, Page 163, Pinellas CQUnty Records. 2. 7asement to down of Largo recorded December 7, 1970, in O.R. 73nok 3x41, Page 555, Pixtaiia.s Ca~.~n'ty recs~rP.s. 3. Rsaervations net fart: in that Certain Warranty Deed recorded ' is Dead Hcok 1632, Fage 473, Pinoiias County Records. 4. ~isti.nq but net recorded utility and road oasements. r A .~ l t d Order: 052801 Doc: FLPINE:7169-01598 4 ~ 1. J u f Page 4 of 4 Created By: wdeschenes Printed: 5/28/2009 7:12:56 AM EST n~ 1N5'1' q yb-233by1 AUG 26, 1996 5:22PM OFF. REC.BN 9994 PG 1195 iCOWt179 erK OA-26-1996 16i19t42 RECORli 16 ~ITf CIfAAIIATt]t/LdIET IIIDSIq 1 {15.00 LIESK AM1.TE14FlE9e 115.00 CWIIGEi f.00 DECLARATION OF UNITY OF TITLE 01 RECORDING lt>:C t)5 >rrr t~Fs P/C x~v ~rornL/~ao S'~' KNOW AL.L MEN 8Y THESE PRESENTS, that pursuant to the ordinances of the Ciiy of CNa+vlrater pertaining to the issuance of sign variances and sign permits, the undersigned, bsrtlg the fee cnmsr of the real properties described in Exhibit "A," attached itsrato•(tlts'Property'~, silwted in the City of Clearwater, County of Pinellas anti StaDe of Fbrida, do hereby make the following decaration of conditions, IimitaGons and restrictions on said lands, hereafter to be known and referred to as a DECLARATION OF UNITY OF TITLE, as to the following particulars: 1. Ttia' the Property shell hereafter be regaided as and is hereby dedared to bs unified solely with regard to the allowable freestanding signage, and for no other 2. That the owners andlor business owners operating bus'ufesses on the Property have received sign variance approvals that from the City of Clearwater, the latest of which was granted by the City Commission on June 20, 1998. 3. That the City requlnd, as a condition of approval of the latest sign vsriarics appMgtiort (S1/a1~10), L':&: Gsc!2?~'~0.^. ed Unity of T:!9 ba flied for the PropsAy so that the Property would henceforth be considered as one plot or parcel of land, soby as it relates to alktwabla freestanding signage. 4. That ttte City approved three (3) freestanding signs to be located on the Property, the square footage (sign arse) of which are 83.44.7, and 32 square feet. 5. That thk Dedarailon of Unity of Title shall constitute a covenant to run with the land, ss provkNd by law, and shall be binding upon the undersigned, and the Heirs, successors and asslgra of the undersigned, and all parties chiming under them until such tuns as the same may hs released in writing. under the order of the City Manager of the City of Clsarvvater. Notwlth:landing the above, this Declaration shad suLOrnatially bnniriats it the agorwble signage on the Property is brought into compGarics with the City ordinances then in effect. '~ ~ e i This instrument vas papered by en0 tetum to' E.D. MMSTONd III, ESQUIRE JOHNSON, BLAKELY, ETAL P. O. BOX 1369 CLEARWATER. R. 31817-1389 ~...~ I .,,,±,.,~ H..,w...~- ~~ .. , .. a :~ ~ ` ~ ,~.>s. ~ ~ i °~. is 's .. aF ~, . . 'n` ~.- PINELLAS COUNTY FLA. OFF.°..^_.BK 9444 PG 1296 8. Thst tl» ursierslpnad also sprees that this instrument shall be recorded in the public raoards of Pinellas County, Fbrida. 1946 at ~' seams witrNSSed and adcnawledped this l 3~day of ~. STATE OF FLORIDA ) O L e mo naturo ~.At~Z. ~ c.o ~cL( Paul B. Lokey, president :,~.~,~..::,-,,:~-~,~.:.~ru.,:,: COUNTY OFPINELLAS ) ..~ _....,. _..,.r.,.,,.::~~;:~;~,:~:.~-~- BEFORE !~ persorraNy appeared PAUL B. LOttEY, to me known to be the Person dsscnbed M and who executed the foropoinp .instrument, and who adcnawtadped to ms ttre execution thereof to be his free act and deed for the use and Purpose herein mentioned~~ y krawn to me er-produeed WETNESS my hand end ofNdat seal this 13 ~ of . X996 ~- Notary Print MY Commission Expiros: waser.aa ~~~ ~4~ ~. ~~~ . ~t~«. t j~ ICC~1S3~ ~l ~~~ a :. ~. ~ ~r~~f~at y ,~ Print name PARCEL A-1: SOUTH SIDS OF GULF TO BAY: P7NELLA3 COUNTY FLA. OFF,REC_BK 9444 PG 1197 EXIBIT "A" Lands lying in the :~e^t 1/2 of Section 78, Tou•.::.,=.a 2~i south, Range 16 Sast, Piaellae County, Florida and bei:.y no;,~ particularly described as follows: The North .330 feet of the West 3/4 of the Northeast 1/4 of the Southwest 1/4 of Section 38, Township 29 South, Range 16 East; LESS AND B7CCSPT, the part identified as: The East 445 feet of the said tract] also, LESS the North 50 feet of said tract for right-of-way for Gulf to Bay Boulevard; also LESS, that part of caption land descriLed in final decree filed June 10, 1955, in Chancery Order recorded 285 on page 467, as Instrumeat 205706A, Chancery Case No. 42,546, being otherwise described as: Hegin at the Southeast corner of the Northwest 2/4 of the Southwest 1/4 of Section 18, Township 29 South, Range 16 ~ast, and thence run East, a diatan~e of 39.0 feet along an Easterly projection of the South line of said Northwest 1/9 of Southwest 1/4; thence run Northerly in a straight line 1330.65 feet MORE OR LESS to a point in an Easterly projection of the North line of thr Northwest 1/4 of the Southwest 1/4 and which-~poi^nt-~lie's`n1-9:~6~={-23.92) feet Sast of the Northeast corner of said Northwest 1/4 of Southwest 1/4; thence run Westerly 24.6 feet (23.92 feet) to the Northeast corner of said Northwest 1/4 of Southwest 1/4; thence run South along the East line of said Northwest 1/4 of Southwest 1/4 1330.85 feet MORE OR LESS to the POZNT OF HsaINNINa. AND PARCEL A-2 The bleat 160 feet of the North 330 feet of the East 315 feet of the bleat 3/4 of the North 1/2 0! the Northeast 1/4 of the Southwest 1/4 of sectioa 18, Township 29 South, Range 26 Heat, lying in Pinellas County, Plorida, LESS the road right-of-way oa the North. PARCEL A-3: Also the bleat 100.0 feet of the East 445:0 feet of the North 330 feet of the W 3/4 of the North 1/2 of the NE 1/4 of the SW 1/4 of Section 1H, Township 29 South, Range 16 East, LSSS the North 50.0 feet for Gulf-To-Bay Boulevard. i sica .i)o-. 1 ,:: CITY OF CLEARWATER ,~'~ ~ AFFIDAVIT TO AUTHORIZE AGENT a ° PLANNING & DEVELOPMENT SERVICES ADMINISTRATION 9yA ~~ MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, 2's FLOOR PHONE (727)-562-4567 FAX (727) 562-4576 Lokey Oldsmobile, Inc. (Name of all property owners) 1. That (I am/we are) the owner(s) and record title holder(s) of the following described property: Parcel #18/29/16/00000/310/0710 (Address or General Location) 2, That this property constitutes the property for which a request fora: Rezoning to "C" and land use plan amendtipnt to "CG" (Nature of request) 3. That the undersigned (hasltlave) appointed and (does/do) appoint E. D. Arnlstrong III, Esquire and Johnson, Popp, Bokor, Koppel & Burns, LLP as (hislfheir) agent(s) to execute any pe6lbns or other documerrts necessary to affect such petition; 4. That this affidavit has been executed to induce the City of Clearwater, Florida to consider and act on the above described property; 5. That (I/we), the undersigned authority, hereby certify that the foregoing is true and correct. IIrE, P party Prope ner STATE OF FLORIDA, Paul B. IAkey, President COUNTY OF PINELLAS Before me the undersigned, an officer duly commissioned by the laws of the State of Florida, on this _~ day of June 2009 personally appeared Paul B. IAkeV * who having been first duly sworn deposes and says that he/she fully understands the contents of the affidavit that he/she signed. *as President of Inkey Oldsmt~bile, Inc. ~, Notary Public My Commission Expires: S: application forms/development review/Affidavit to Authorize Agent ,..~~aU6~ Jayne E. Sears :fi :Commission # DD449633 ~~~ Expires September 2, 2009 ~I1fiN a~n+eti trrp groin • inwnnea, inc. 000,11'Sd0c9