FLD2009-07022 - 26200 US HWY 19 N - PSSGHETTI'S III LLCFLD2009-07022
26200 US HIGHWAY 19 N
PSSGHETTI'S III, LLC
PLANNER OF RECORD: WW
ATLAS # 232B
ZONING: C
LAND USE: CG
RECEIVED : 07/01 /2009
INCOMPLETE:
COMPLETE:
MAPS
PHOTOS:
STAFF REPORT:
DRC:
CDB:
CLWCoverSheet
CDB Meeting Date: September 15, 2009
Case Numbers: FLD2009-07022
Agenda Item: D.l .
Owner/Applicant: Pssghetti's III, LLC
Representative: Bill Kimpton
Address: 26200 U.S. Highway 19 N
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
GENERAL INFORMATION:
REQUEST: Flexible Development approval to permit a restaurant in the
Commercial (C) District with a lot area of 2.05 acres; a lot width
along US Highway 19 of 414 feet and along Enterprise Road of
276 feet; a front (east) setback of 74 feet (to building}, zero feet (to
existing roadway pavement of US Highway 19 N exit ramp), 40
feet (to existing parking lot pavement), 46.87 feet (to courtyard
patio} and 45 feet (to courtyard wall); a front (south) setback of 62
feet (to existing building), 10 feet (to existing pavement), 20 feet
(to outdoor cafe patio) and 10 feet (to courtyard wall); a side (west)
setback of 2.5 feet (to existing pavement); a side (north) setback of
7.5 feet (to existing pavement); a building height of 15.33 feet (to
roof deck); and 87 on-site parking spaces (with an additional 73
off-site parking spaces shared with adjacent shopping center), as a
Comprehensive Infill Redevelopment Project, under the provisions
of Community Development Code (CDC) Section 2-704.C; and a
reduction to the perimeter buffer along Enterprise Road from 15 to
10 feet (to existing pavement) and a reduction to the west side
perimeter buffer from five to 2.5 feet (to existing pavement), as a
Comprehensive Landscape Program, under the provisions of CDC
Section 3-1202.G.
CURRENT ZONING: Commercial (C) District
CURRENT FUTURE
LAND USE CATEGORY: Commercial General (CG)
PROPERTY USE: Current Use: Restaurant (under remodeling construction)
Proposed Use: Restaurant
EXISTING North: Commercial (C) District
SURROUNDING Retail Shopping Center
ZONING AND USES: South: Commercial (C) District
Retail sales and Restaurant
East: Commercial (C) District
Retail Shopping Center
West: Commercial (C) District
Restaurant and Retail Shopping Center
Community Development Board -September 15, 2009
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ANALYSIS:
Site Location and Existing Conditions:
The 2.05 acres is located at the northwest corner of US Highway I9 and Enterprise Road. The
site has been previously developed with a Rio Bravo Cantina Restaurant that closed for business
in November 2003. The site is an outparcel of the adjacent shopping center. Shared access and
parking spaces are part of the shopping center. The exit roadway from US Highway 19 N to
Enterprise Road is located on the subject property through a 40-foot wide right-of--way access
easement. Redevelopment of this property was commenced under Building Permit #BCP2007-
12191, issued February 18, 2008. Four plan amendments were issued, based solely on structural
drawings, which changed the location of the restaurant entrance from the southeast to the
northeast corner of the building. Complete revised architectural plans reflecting this revised
restaurant entrance have recently been submitted under BCP2007-12191E .for review for all
trades, pending approval of this request by the Community Development Board. The applicant
also discovered language in the recorded Declaration of Establishment of Protective Covenants,
Conditions and Restrictions, and Grants of Easement that creates issues with attempting to meet
the required Code setbacks, as approved under BCP2007-12191. The applicant has submitted
this application in an effort to meet required setbacks where possible.
Cody's Restaurant is directly to the west of this restaurant, sharing a common driveway and drive
aisle. Cody's food take out pick up access location is on the west side of this site. The rest of the
retail shopping center is to the west and north of the subject property. Additional retail sales
establishments, restaurant .and offices are located to the south across Enterprise Road. US
Highway 19 N separates the subject property .and the adjacent shopping center from other retail
shopping centers on the east side of US Highway 19 N.
Development Proposal:
The proposal is to permit the proposed restaurant with a different parking and dining
configuration than originally approved under BCP2007-12191, including an additional S 15
square feet of floor area. The restaurant will be a total of 10,693 square feet of floor area. The
restaurant entrance has been relocated to the northeast corner of the building to be closer to the
accessory parking spaces to the north of the building. An outdoor waiting courtyard area is
proposed on the east side of the building, to be surrounded by a six-foot high masonry wall to aid
in buffering the views and noise of US Highway 19 N traffic. An outdoor cafe is proposed on the
southeast and south sides of the restaurant, which will be similarly surrounded by a six-foot high
masonry wall for privacy, noise reduction and elimination of vehicular views. Both the outdoor
waiting courtyard and outdoor cafe areas will be landscaped on the inside and outside of the
walls. A dumpster enclosure has been relocated to the west side of the building in a location for
ease of truck pickup. An outdoor service area for the restaurant is proposed on the northwest
corner of the building, in proximity to the kitchen area and the dumpster location, which will be
enclosed with a 10-foot high masonry wall. The actual configuration of the outdoor service area
wall may slightly change to place more landscaping outside of the wall, which will be reviewed
at time of submission of an amendment to BCP2007-12191.
The main driveway on Enterprise Road will continue to provide access to this proposed
restaurant, Cody's Restaurant to the west and the rest of the retail shopping center. This western
Community Development Board -September 1 S, 2009
FLD2009-07022 -Page 2 of 11
north/south drive aisle will also continue to provide access to a driveway to US Highway 19 N
directly north of the subject property. The exit roadway from US Highway 19 N to Enterprise
Road will continue to be located on the east side of the subject property within the 40-foot wide
right-of--way access easement, which will include some site landscaping. A total of 87 of the
required 160 parking spaces will be located on the subject property, with the balance of 73 spaces
shared with the shopping center to the west and north. Parking spaces are proposed to remain at
their existing setback of 2.5 feet to pavement along the west side of the site, rather than the
required 10-foot setback. Parking spaces are proposed to be relocated along the north property
line from the existing five-foot setback to 7.5 feet, which is less than the required setback of 10
feet. Parking spaces are proposed on the south side of the site adjacent to Enterprise Road at a
10-foot setback, increased from the existing zero-foot front setback, but less than the required 25-
foot setback. Setback reductions for the parking lot are requested on the west, south and north
sides.
The restaurant is one-story in height. The facade of the restaurant is of varying heights to
emulate an Italian village. Exterior colors and details of the restaurant vary with the facade.
Four main building colors are proposed: Golden Leaf, Retro Avocado, Tibetan Orange and
Spiced Plum (it is noted that the color rendered elevations may not reflect ;the actual colors
proposed). The outdoor service area wall is proposed with a stone facade. Originally, there were
additional or divergent building colors proposed. Staff's concern with the bold color scheme is
compliance with CDC Section 3-910, which states "No building, or its ;.projections and
attachments, such as any sign or awning, shall be painted or otherwise...finished with a
predominant color which is garish, gaudy, loud, excessive, ostentatious or otherwise constitutes a
glaring and unattractive contrast to surrounding buildings." The applicant. contends that the
facade is attractive and will draw attention to the shopping center, hopefully.providing additional
customer traffic for the entire shopping center. There are no Design Guidelines for .this area- of ,
the city other than CDC Section 3-910 for review of the building colors.
The redevelopment of this site with the proposed restaurant as submitted will not impede the
normal and orderly development and improvement of surrounding properties, including the
adjacent Cody's Restaurant and shopping center. Upgrading of this property may encourage
redevelopment of other commercial properties within the surrounding area. Additionally, it does
not appear that adjoining properties will suffer substantial detriment as a result of the proposed
restaurant redevelopment.
Floor Area Ratio (FARE Pursuant to the Countywide Future Land Use Plan and CDC Section 2-
701.1, the maximum floor area ratio for properties with a designation of Commercial General
(CG) is 0.55. Based on the 2.05 acres, a maximum of 49,138 square feet of commercial floor
area is permissible under current regulations. The proposal is for 10,693 square feet, at a Floor
Area Ratio of 0.12, which is consistent with the Code provisions.
Impervious Surface Ratio (ISR Pursuant to CDC Section 2-701.1, the maximum allowable ISR
is 0.95. The proposed ISR is 0.54, which is consistent with the Code provisions.
Community Development Board -September 15, 2009
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Minimum Lot Area and Width: Pursuant to CDC Table 2-704, the minimum lot area for
restaurants can range between 3,500 - 10,000 square feet. The subject property is 89,342 square
feet of lot area. Pursuant to the same Table, the minimum lot width for restaurants can range
between 35 - 100 feet. The subject property has a lot width along US Highway 19 N of 414 feet
and along Enterprise Road of 276 feet. The proposal is consistent with these Code provisions.
Minimum Setbacks: Pursuant to CDC Table 2-704, the minimum front setback for restaurants
can range between 1 S - 25 feet and the minimum side setback can range between 0 - 10 feet
(structures on corner lots must meet front setbacks along rights-of--way and meet side setbacks
adjacent to the other property lines). These setbacks are being used as a guide, since this
proposal is being processed as a Comprehensive Infill Redevelopment Project due to the front
(south) setback proposed adjacent to Enterprise Road and the fact that the restaurant (through the
shopping center) takes direct access to US Highway 19 N (a major arterial street). The proposal
includes a front (east) setback from the US Highway 19 N property line of 74 feet (to building),
zero feet (to existing roadway pavement of US Highway 19 N exit ramp), 40 feet (to existing
parking lot pavement), 46.87 feet (to courtyard patio) and 45 feet (to courtyard wall). These front
setbacks are tempered by the exit roadway from US Highway 19 N to Enterprise Road, which is
located on the subject property through a 40-foot wide right-of--way access easement. The
proposal also includes a front (south) setback from Enterprise Road property line of 62 feet (to
existing building), 10 feet (to existing pavement), 20 feet (to outdoor cafe patio) and 10 feet (to
courtyard wall). The south setback to pavement is acceptable as the setback is actually increased
over the existing circumstance and the amount of visible landscaping is also similarly increased.
The reduced front setback to the outdoor cafe patio will not be seen by the general public,, as the
six=foot high courtyard wall screens view of this outdoor cafe. Landscaping: is provided on the
outside of the-wall, in conformance with Code provisions, for softening the: effects of the wall in
proximity to the property line.
The proposal also includes a side (west) setback of 2.5 feet (to existing pavement). Under
BCP2007-12191, the pavement was going to be cut back to the required 10-foot side setback;
however, the applicant discovered language in the recorded Declaration of Establishment of
Protective Covenants, Conditions and Restrictions, and Grants of Easement (Declaration) that
creates issues with attempting to meet the required Code setbacks. The applicant has submitted
this application in an effort to meet required setbacks where possible. Based on the requirements
of the Declaration, the applicant has indicated that approval from the adjacent shopping center
tenants and owners would be difficult, if not impossible, to obtain. The applicant has increased
the amount and size of landscaping (height and caliper) proposed throughout the site to offset
deficiencies at this location and along the north property line. While the west side of the property
abuts another restaurant (Cody's), this adjacent property also includes the stormwater retention
area for the subject property and shopping center, which softens the built environment and
parking areas.
The proposal includes a side (north) setback of 7.5 feet (to existing pavement). Under BCP2007-
12191, the pavement along this property line was also going to be cut back to the required 10-
foot side setback. The proposal increases the distance the existing pavement is located from the
north property line from five feet to 7.5 feet. The minimum landscape buffer along this property
Community Development Board -September 15, 2009
FLD2009-07022 -Page 4 of 11
line is five feet, which is being exceeded with this proposal (see Landscaping discussion below).
Reconfiguration of the pavement in this area of the site also closes the drive aisle closest to US
Highway 19 N, creates additional landscape area, increases the number of on-site parking spaces
and eliminates a vehicular traffic conflict point. Overall, the setbacks to pavement as requested
are acceptable to Planning staff and are consistent with the existing setbacks (to pavement) for
the adjacent shopping center.
Maximum Building Height: Pursuant to CDC Table 2-704, the maximum allowable height for
restaurants can range between 25 - 50 feet. The proposed building is a building height of 15.33
feet (to roof deck), which is below the Code maximum. Parapet heights vary on the building, but
do not exceed 25 feet in height. The proposal is consistent with these Code provisions.
Minimum Off-Street Parkin: Pursuant to CDC Table 2-704, the minimum required parking for
restaurants can range between 7 - 15 parking spaces per 1,000 square feet. Based on 10,693
square feet of floor area, a minimum of 75 - 160 parking spaces is required. There are 87
parking spaces proposed on-site, with 73 parking spaces on the shopping center site under the
recorded shared parking agreement (total of 160 spaces). The restaurant entrance has been
relocated to the northeast corner of the building to be closer to the accessory parking spaces to
the north of the building. The provided parking appears adequate for this restaurant, the adjacent
restaurant and the shopping center.
The exit roadway from US Highway 19 N to Enterprise Road will continue to be located on the
east side of the subject property within the 40-foot wide right-of--way access easement. The
proposal- continues to take driveway access from Enterprise Road at the same location as it has
existed since the original restaurants and shopping center was constructed. The drive -aisle just
north of Enterprise Road is wider (31.83 feet) than the minimum 24 feet to provide for the
turning movements for delivery and trash trucks that use this driveway. The off-site driveway to
US Highway 19 N directly north of the north property line, as well as other driveways for the
shopping center, will continue to provide access for customers of this restaurant to US Highway
19 N. Existing sidewalks within the rights-of--way and in the right-of--way access easement will
remain.
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. There will
be mechanical equipment located on top of the flat roof of the building. The parapets
surrounding the roof are of sufficient height to screen such views, based on building plans
available under BCP2007-12191E.
Sight Visibility Triangles: Pursuant to CDC Section 3-904.A, to minimize hazards at the
driveways, no structures or landscaping may be installed which will obstruct views at a level
between 30 inches above grade and eight feet above grade within 20-foot sight visibility
triangles. The landscape plan indicates compliance with these requirements. Shrubbery planted
within the sight visibility triangles will need to be maintained to meet the Code requirements.
Community Development Board -September 15, 2009
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Utilities: Pursuant to CDC Section 3-911, for development that does not involve a subdivision,
all utilities including individual distribution lines must be installed underground unless such
undergrounding is not practicable. Electric and communication lines for this restaurant will be
installed underground on-site in compliance with this requirement. Electric and communication
panels, boxes and meters located on the exterior of the building must be painted the same color
as the building.
Landscaping: Pursuant to CDC Section 3-1202.D, 15-foot wide perimeter buffers are required
along US Highway 19 N and Enterprise Road, whereas five-foot wide perimeter buffers are
required along the north and west property lines. This proposal includes a reduction to the
perimeter buffer along Enterprise Road from 15 to 10 feet (to existing pavement) and a reduction
to the west side perimeter buffer from five to 2.5 feet (to existing pavement), as part of a
Comprehensive Landscape Program. The reduction to the perimeter buffer along Enterprise
Road occurs only where the four parking spaces are located, as the landscape buffer to the east is
being provided on the outside and inside of the courtyard wall enclosing the outdoor cafe. This
buffer is being increased over the existing buffer along this frontage. Plantings within this buffer
will be greatly enhanced over the existing landscape material. The reduction to the perimeter
buffer along the west property line reflects the present width to the existing pavement. A hedge
will be re-established within this buffer. As part of the Comprehensive Landscape Program, due
to the present width of this buffer, the applicant proposes to plant required trees in other locations
of the site and in larger size to off-set this minimal planting area. This side of the property abuts
the stormwater retention pond for the shopping center. There is some Brazilian pepper. along
Enterprise Road that must be removed prior to the issuance of a Certificate of Completion.
This proposal complies with the minimum five-foot wide building foundation landscaping along
US Highway 19 N and Enterprise Road, which will be planted with a viburnam,and ixora hedging
with blueberry flax lilly groundcover, together with cabbage palms. Landscaping is also being
planted on the outside of the proposed courtyard walls, in accordance with Code requirements.
The outdoor waiting courtyard area and outdoor cafe area are being heavily planted: This
proposal complies with the interior landscape area requirements for the parking lot. In general, the
site is being heavily landscaped with a variety of trees, shrubs and groundcovers, with turf only
proposed along areas of the US Highway 19 N roadway. Landscape plantings will exceed
minimum Code requirements, even with the proposed reductions to perimeter buffers, and in
compliance with Comprehensive Landscape Program requirements.
Solid Waste: The proposal includes a dumpster enclosure located on the west side of the
restaurant, angled for ease of trash truck pickup from the main north/south drive aisle between
this restaurant and Cody's Restaurant to the west. The exterior of this dumpster enclosure will
need to be painted the same color as the building.
Signage: There exists a freestanding sign located on the northern portion of the site within a
landscape island. It is unclear if this freestanding sign meets current Code requirements for sign
area and sign height. If nonconforming to Code requirements, CDC Section 6-104.A requires
this freestanding sign to be brought into compliance with current Code requirements. While this
application is being processed as a Comprehensive Infill Redevelopment Project, the flexibility
Community Development Board -September 15, 2009
FLD2009-07022 -Page 6 of 11
criteria for restaurants under CDC Section 2-704.M requires amonument-style freestanding sign
a maximum of six feet in height unless a taller sign is approved through the Comprehensive Sign
Program. Submitted building elevations indicate more than the permitted one attached sign. A
Comprehensive Sign Program may allow more than one attached sign. Prior to the issuance of a
Certificate of Completion for the restaurant, a Comprehensive Sign Program should be required
to be submitted to bring the existing freestanding sign into compliance with Code requirements,
where it would be designed as a monument-style sign matching the exterior materials and color
of the building, and to deal with desired attached signage.
Code Enforcement Analysis: There are no outstanding Code Enforcement issues associated
with the subject property.
COMPLIANCE WITH STANDARDS AND CRITERIA: The following table depicts the
consistency of the restaurant use with the standards as per CDC Tables 2-701.1 and 2-704:
Standard Pro osed Consistent Inconsistent
Floor Area Ratio 0.55 0.12 X
Impervious Surface Ratio 0.95 0.54 X
Minimum Lot Area 3,500 - 10,000 sq. ft. 89,342 sq. ft. X
Minimum Lot Width 35 - 100 feet US Highway 19: 414 feet X
Enterprise Road: 276 feet X
Minimum Setbacks Front: ] 5 - 25 feet East (US Highway 19 N): X~
74 feet (to building), zero
feet (to existing roadway
pavement of US Highway 19
N exit ramp), 40 feet (to
existing parking lot
' pavement), 4b.87 feet (to
courtyard patio) and 45 feet
(to courtyard wall)
South (Enterprise Road): X'
62 feet (to existing
building), ]0 feet (to
existing pavement), 20 feet
(to outdoor cafe patio) and
10 feet (to courtyard wall)
Side: 0- 10 feet North: 7.5 feet (to existing X~
pavement)
West: 2.5 feet (to existing X~
pavement)
Maximum Height 25 - 50 feet 15.33 feet (to roof deck);25 X
feet (to top of parapets)
Minimum 7 - 15 spaces per 1,000 square 87 on-site parking spaces X
Off-Street Parking feet (75 - 160 spaces) (with an additional 73 off-
site parking spaces shared
with adjacent shopping
center) (total of 160 spaces)
~ See analysis in Staff Report
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COMPLIANCE WITH FLEXIBILITY CRITERIA: The following table depicts the
consistency of the development proposal with the Flexibility criteria as per CDC Section 2-704.C
(Comprehensive Infill Redevelopment Project):
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 buildinQS.
~ See nnalysis in Stnff Report.
Community Development Board -September 15, 2009
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COMPLIANCE WITH GENERAL STANDARDS FOR LEVEL TWO APPROVALS: The
following table depicts the consistency of the overnight accommodation use with the General
Standards for Level Two Approvals as per CDC Section 3-913:
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 X
immediate vicinity.
6. The design of the proposed development minimizes adverse effects, including X
visual, acoustic and olfactory and hours of operation impacts on adjacent properties.
~ See analysis in Stajf Report.
SUMMARY AND RECOMMENDATION:
The Development Review Committee (DRC} reviewed the application and supporting materials
at its meeting of August 6, 2009, and deemed the development proposal to be legally sufficient to
move forward to the Community Development Board (CDB), based upon the following findings
of fact and conclusions of law:
Findings of Fact. The Planning 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. The 2.05 acres is located at the northwest corner of US Highway 19 N and Enterprise Road;
2. The site has been previously developed with a Rio Bravo Cantina Restaurant that closed for
business in November 2003;
3. The site is an outparcel of the adjacent shopping center;
4. The exit roadway from US Highway 19 N to Enterprise Road is located on the subject
property through a 40-foot wide right-of--way access easement;
5. Redevelopment of this property was commenced under Building Permit #BCP2007-12191,
issued February 18, 2008;
6. The recorded Declaration of Establishment of Protective Covenants, Conditions and
Restrictions, and Grants of Easement, that this property must comply with, creates issues
with attempting to meet the required Code setbacks (to pavement);
7. The restaurant entrance has been relocated from that originally approved under BCP2007-
12191 to the northeast corner of the building to be closer to the accessory parking spaces to
the north of the building;
8. The proposal includes a front setback reduction from the south property line adjacent to
Enterprise Road to the parking lot pavement;
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FLD2009-07022 -Page 9 of 11
9. The proposal includes side setback reductions to the north and west property lines for parking
lot pavement, where the parking areas for the subject property is adjacent to other property
within the shopping center;
10. The proposal includes reductions to perimeter buffer requirements along Enterprise Road and
along the west property line;
11. Required parking of 160 spaces is provided on-site (87 spaces) and off-site (73 spaces)
through a shared parking agreement with the adjacent shopping center;
12. The restaurant is one-story in height with a facade of varying heights to emulate an Italian
village and a bold exterior color scheme;
13. There exists a freestanding sign located on the northern portion of the site within a landscape
island that maybe nonconforming to current Code requirements for sign area and sign height;
and
14. There is no outstanding Code Enforcement issues associated with the subject property.
Conclusions of Law. The Planning Department, having made the above findings of fact, reaches
the following conclusions of law:
1. That the development proposal is consistent with the Standards as per Tables 2-701.1 and 2-
704 of the Community Development Code;
2. That the development proposal is consistent with the Flexibility criteria as per Section 2-
704.C of the Community Development Code;
3. That the development proposal is consistent with the General Standards for Level Two
Approvals as per Section 3-913 of the Community Development Code; and
4. The proposal is compatible with the adjacent land'uses.
Based upon the above, the Planning Department recommends APPROVAL of the Flexible
Development application to permit a restaurant in the Commercial (C) District with a lot area of
2.05 acres; a lot width along US Highway 19 of 414 feet and along Enterprise Road of 276 feet; a
front (east) setback of 74 feet (to building), zero feet (to existing roadway pavement of US
Highway 19 N exit ramp), 40 feet (to existing parking lot pavement), 46.87 feet (to courtyard
patio) and 45 feet (to courtyard wall); a front (south) setback of 62 feet (to existing building), 10
feet (to existing pavement), 20 feet (to outdoor cafe patio) and 10 feet (to courtyard wall); a side
(west) setback of 2.5 feet (to existing pavement};aside (north) setback of 7.5 feet (to existing
pavement); a building height of 15.33 feet (to roof deck); and 87 on-site parking spaces (with an
additional 73 off-site parking spaces shared with adjacent shopping center), as a Comprehensive
Infill Redevelopment Project, under the provisions of Community Development Code (CDC)
Section 2-704.C; and a reduction to the perimeter buffer along Enterprise Road from 15 to 10
feet (to existing pavement) and a reduction to the west side perimeter buffer from five to 2.5 feet
(to existing pavement), as a Comprehensive Landscape Program, under the provisions of CDC
Section 3-1202.G, with the following conditions:
Conditions of Approval:
1. That revised site and building plans be submitted as amendments to Building Permit
#BCP2007-12191, consistent with the final design and color of the building approved by the
CDB;
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2. That, prior to the issuance of an amended site plan permit under BCP2007-12191, permits be
obtained from the Florida Department of Transportation for all work proposed within the US
Highway 19 Nright-of--way or in the right-of--way access easement adjacent thereto;
3. That the exterior of this dumpster enclosure be painted the same color as the building;
4. That electric and communication panels, boxes and meters located on the exterior of the
building be painted the same color as the building;
5. That, prior to the issuance of a Certificate of Completion, a Comprehensive Sign Program be
submitted for attached signage and to bring the existing freestanding sign into compliance
with Code requirements and be designed as a monument-style sign to match the exterior
material and color of the building;
6. That, prior to the issuance of a Certificate of Completion, the increased quantities and size of
landscape materials (height and caliper) be planted, in accordance with the landscape plan
submitted with this application;
7. That Brazilian pepper along Enterprise Road be removed prior to the issuance of a Certificate
of Completion;
Prepared by Planning Department Staff: ' V(~ rh.Q. ,~
Wayne .Wells, AICP, Planner III
ATTACHMENTS:
^ Location Map
^ Aerial Map
^ Zoning Map
^ Existing Surrounding Uses Map
^ Photographs of Site and Vicinity
S: IPlnnning DepnrtmentlC D BIFLEX (FLDJIPentfing cnseslUp for the nest CDBI US Hwy !9 N 26200 Pssghetti's (CJ 2009.Oz - 9.15.09 CDB -
WWI US Hwy 19 N 26200 Staff Report.doc
Community Development Board -September 15, 2009
FLD2009-07022 -Page 11 of 11
Wayne M. Wells, AICP
100 South Myrtle Avenue, Clearwater, FL 33756
Phone: 727-562-4504 ~ Email: ~r~avne.tiiel(s~:?~nvclear«ater.co~n
PROFESSIONAL EXPERIENCE
^ Planner III
Planning Department, City of Clearwater, FL
November 2001 to Present
As part of the Development Review Division, prepared and presented staff reports for Flexible
Standard Development (staff-level cases), Flexible Development (public hearing cases) and Plats
before the Development Review Committee and the Community Development Board and
Development Agreements before the City Council; Reviewed building permits for Code
conformance; Prepared and/or assisted preparation of Code amendments; Provided public information
(via telephone, mail, email, zoning counter or predevelopment meetings).
^ Zoning Coordinator
Zoning Division, City of Pinellas Park, FL
March 1989 to November 2001
Acting Zoning Director; Represented the Zoning Division on cases and issues before the City
Council, Community Redevelopment Agency, Planning and Zoning Commission, Board of
Adjustment and outside agencies; Prepared and presented staff reports for land use plan amendments,
rezoned, planned unit developments, conditional uses, variances and site plans; Reviewed final site
plans and building permits for Code conformance; Prepared and/or assisted preparation of Code
amendments; Provided public information (via telephone, mail, zoning counter or predevelopment
meetings).
^ Program Manager, Zoning Branch
Manatee County Dept. of Planning and Development, Bradenton, FL June 1984. to March 1989
Trained and supervised three employees; Prepared and presented variances and appeals to the Board
of Zoning Appeals; Coordinated final site plan and building permit review for Code conformance;
Assisted in preparation of Code amendments; Provided public information (via telephone, mail,
zoning counter or predevelopment meetings). Interim Code Enforcement Manager- Managed the
Code Enforcement Section; Supervised six employees; Prosecuted cases before the Code
Enforcement Board; Investigated and prepared cases of alleged violations of land use and building
codes. Planner II, Current Planning Section -Prepared and presented staff reports for rezones,
planned developments, special permits, plats and mobile home parks to Planning Commission and
Board of County Commissioners; Reviewed final site plans and building permits for Code
enforcement; Assisted in preparation of Code amendments; Provided public information (via
telephone, mail, zoning counter or predevelopment meetings).
^ Planner I
Alachua County Dept. of Planning and Development, Gainesville, FL June 1980 to June 1984
Prepared and presented staff reports for rezones and special permits to Planning Commission and
Board of County Commissioners; Reviewed site plans and plats for Code conformance; Assisted in
preparation of Code amendments; Provided public information (via telephone, mail, zoning counter
or predevelopment meetings). Intern -Compiled and coordinated the Alachua County Information
and Data Book; Drafted ordinance revisions; General research.
^ Graduate Assistant
University of Florida Dept. of Urban and Regional Planning, Gainesville, FL 1979 to 1981
Coordinated downtown study for Mayo, FL; Coordinated graphics for Jefferson County
Comprehensive Plan.
^ Planning Technician
Planning Division, City of St. Petersburg, FL
1977 to 1 >79
Primarily prepared graphics, for both publication and presentation; Division photographer for 1'/z
years; Worked on historic survey and report.
EDUCATION
Master of Arts in Urban and Regional Planning (Degree not conferred; course work completed, thesis not
completed), University of Florida, 1981
Bachelor of Design in Architecture, University of Florida, 1976
LICENSES & CERTIFICATES
American Institute of Certified Planners
American Planning Association, Suncoast Section
L~
~~~~
August 24, 2009
Planning Department
City of Clearwater
100 S. Myrtle Street
Clearwater, FL 33756
RE: Psghetti's Restaurant - U.S. 19 at Enterprise Road
To Whom It May Concern:
We are very pleased to see that there is a new restaurant coming at U.S. 19 and Enterprise
Road, it is a welcome addition to this area. The design and colors are very appealing and it
is nice to see that there is new construction still in process in Clearwater. I look forward
to frequenting this establishment with clients and my family.
Sincerely,
~, ~/\
am A.
Exec tive
President
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- '~LOPMENT
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2605 ENTERPRISE ROAD EAST
SUITE 100
CLEARWATER, FL 33759-1067
Phone: 727-451-BANK
Fzx: 727-723-9493
www. oldhzrborbznk.com
August 17, 2009
Dear Mr. Wells,
Our conversation last Friday was very accommodating. Thank you. In reference to the
new building on the northwest side of Enterprise and US I9 N, is too colorful to say the
least. The neighborhood is not a honky tonk and doesn't deserve all those colors. I
understand the need to attract attention (a kind of a Shout Out!) but please try and get
through to them that they need to tone it down. Maybe three colors?
Your attention is well appreciated on this matter.
Thank you, ~
lorence Barresi
2640 Enterprise Rd E
Clearwater, FL 33759
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LOCATION MAP
Owner: Pssghetti's III, LLC Case: FLD2009-07022
Site: 26200 US Highway 19 N Property Size: 2.05 acres
PIN: 31-28-16-94130-000-0100 Atlas Page: 2328
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ZONING MAP
Owner: Pssghetti's III, LLC Case: FLD2009-07022
Site: 26200 US Highway 19 N Property Size: 2.05 acres
PIN: 31-28-16-94130-000-0100 Atlas Page: 2326
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EXISTING SURROUNDING USES MAP
Owner: Pssghetti's III, LLC Case: FLD2009-07022
Site: 26200 US Highway 19 N Property Size: 2.05 acres
PIN: 31-28-16-94130-000-0100 Atlas Page: 2328
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AERIAL MAP
Owner: Pssghetti's III, LLC Case: FLD2009-07022
Site: 26200 US Highway 19 N Property Size: 2.05 acres
PIN: 31-28-16-94130-000-0100 Atlas Page: 232B
26200 US Highway 19 N
FLD2009-07022
Sheet 1 of 2
View looking S from NE corner of property at N side of subject
property
View looking E from SW corner of property at subject building
View looking N from S property line at subject building
View looking S at E side of subject property (US 19 frontage
road is located on the subject property)
View looking E at southern portion of property S of subject
building (Enterprise Road is in background)
View looking S along W side of subject property with main
drive aisle from Enterprise Road (Cody's Restaurant to the right)
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26200 US Highway 19 N
FLD2009-07022
Sheet 2 of 2
View looking E at driveway to US Highway 19 N adjacent to
N side of subject property
View looking SW at Cody's Restaurant to W of subject property
View looking S at W side of property (Cody's Restaurant to
the right of photo)
View looking W at E side of Cody's Restaurant (food pickup
location)
L
View looking N at Red Lobster Restaurant (part of adjacent
shopping center)
View looking W at adjacent shopping center to N & W of
subject property
s
i ,ti 4 ~ ..
Clearwater
Planning Department
100 South Myrtle Avenue
Clearwater, Florida 33756
Telephone: 727-562-4567
Fax: 727-562-4865
^ SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION
^ SUBMIT 14 COPIES OF THE ORIGINAL APPLICATION -Plans and
application are required to be collated, stapled and folded into sets
c
CASE NUMBER:
RECEIVED BY (Staff Initials):
DATE RECEIVED:
* NOTE: A TOTAL OF 15 SETS OF THIS APPLICATION AND ALL SUPPORTING DOCUMENTATION IS REQUIRED TO BE SUBMITTED IN
CONJUNCTION WITH A COMPLETE LEVEL ONE OR LEVEL TWO APPLICATION.
COMPREHENSIVE LANDSCAPE PROGRAM
(Revised 04/24/2007)
PLEASE TYPE OR PRINT
APPLICANT, PROPERTY OWNER AND AGENT INFORMATION: (Code Section 4202.A)
APPLICANT NAME: Pssghetti' s III, LLC
MAILING ADDRESS: 3048 Gulf to Bay Blvd., Clearwater, FL 33759
PHONE NUMBER: 727'724-2600 FAX NUMBER: 727-789-0895
CELL NUMBER: EMAIL:
PROPERTY OWNER(S): Pssghetti's III, LLC
List ALL owners on the deed Frank Mongelluzzi, Anne Mongelluzzi
AGENT NAME: Bill Kimpton
MAILING ADDRESS: 605 Palm B1vd~DUnedin, FL 34698 ~~ 4
727-733-7500 727-733-7511
PHONE NUMBER: FAX NUMBER:
CELL NUMBER: 727-560-2277 EMAIL: .bill@kimptonlaw.com
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 the development.
N.A.
OR
b. 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.
The renovation of this restaurant site does not provide an opportunity to upgrade the site to
the requirements of the CDC. Landscape buffers and setbacks are less than required widths, trees
are not located in the desired locations and the tree spacing is irregular. Compensation for the
deviations from the requirements includes the•proposed increase the number of trees required on
the site and the increase in size of the trees to be installed versus the CDC requirements.
C:IDocuments and Settingslderek.fergusonlDesktoplplanningforms 07071Comprehensive Landscape Procyam 04-24-07.doc
Page 1 of 2
2. COMMUNITY CHARACTER: ,
The landscape treatment proposed in the Comprehensive Landscape Program will enhance the community character of the City of Clearwater.
The proposed increase in the number of palms/trees and the size of trees will provide more shade
for the parking lot and building. The palms and trees will also provide additional visual
bufferin f the buildin from the ad'acent roadwa s.
3. PROPERTY VALUES:
The landscape treatment proposed in the Comprehensive Landscape Program will have a beneficial impact on the value of the property in the
immediate vicinity of the parcel proposed for devebpment.
The installation of larger caliper trees and more trees than required by CDC will enhance the
aesthetic appeal of the Pssghetti's property. Installation of a high quality of the landscape
4. 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.
N. A.
THE LANDSCAPING REQUIREMENTS OF ARTICLE 3, DIVISION 12 MAY BE WAIVED OR MODIFIED AS A PART OF A LEVEL ONE OR LEVEL
TWO APPLICATION, AS THE CASE MAY BE, IF THE APPLICATION FOR DEVELOPMENT APPROVAL INCLUDES A COMPREHENSIVE
LANDSCAPE PROGRAM, WHICH SATISFIES THE ABOVE CRITERIA. THE USE OF LANDSCAPE PLANS, SECTIONS /ELEVATIONS,
RENDERINGS AND PERSPECTIVES MAY BE NECESSARY TO SUPPLEMENT THE INFORMATION PROVIDED ON THIS WORKSHEET.
SIGNATURE:
I, the undersigned, acknowledge that all representations made in
this application are true and accurate to the best of my
knowledge and o ze City representatives to visit and
photograph the ope described in this application.
or
STATE OF FLORIDA, COUNTY OF PINELLA~
Swo n to and syb~scribed before me this ~ day of
" ,iS T , A.Q. 20 to me and/or by
', ~ '1 ~ z,-.who is personally known has
produced O/'f-v w's L~<<- ~,-v~ ~-
as identification.
f
Np ary public,
~y commission expires:
01P'iv P`B~~r~ JUANITA B. BRIMER
a+ ° c Notary Public - Stata Of FIOriAO
"sue ' ~ My Commi=tiar- Expires Jun 18, 4011
''%.r o°:. Cammiafon / DD 85386
o~
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Page 2 of 2
s ..
Clearwater
Planning Department
100 South Myrtle Avenue
Clearwater, Florida 33756
Telephone : 727-562-4567
Fax: 727-562865
^ SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION
^ SUBMIT 14 COPIES OF THE ORIGINAL APPLICATION -Plans and
application are required to be collated, stapled, and folded into sets
^ SUBMIT FIRE PRELIMARY SITE PLAN: $200.00
^ SUBMIT APPLICATION FEE $
CASE #:
RECEIVED BY (staff initials):
DATE RECEIVED:
* NOTE: 15 TOTAL SETS OF INFORMATION REQUIRED (APPLICATIONS PLUS SITE PLAN SETS)
FLEXILE REVEL®PMENT APPLICATION
Comprehensive Infill Redevelopment Project
(Revised 07/11/2008)
PLEASE TYPE OR PRINT
A. APPLICANT, PROPERTY OWNER,lAND AGENT INFO~R/MATION: (Code Section 4-202.A)
APPLICANT NAME: -- ~5`.~~~~."~ ~5._.. ~~~--j -I"'`"~`..'- -- ------
Q i ,r- --- -- -- ---
MAILING ADDRESS: - //ss j i k~~~CI. ~~ w _ t'" 1,. ~~~~Q _ -
._ t ....
PHONE NUMBER: '7-Z"..j ~ ] ~4 _• Z~?C~C) ... FAX NUM ER. 1 ~'L.-]_" l ~~ _ a~~ ~J __ - - ... ---
CELL NUMBER
EMAIL:
PROPERTY OWNER(S):.. ~ r
List ALL owners on the deed ~ ~ tt ~ k ~~ ~ ~~ ~ ``,u ~ ~ , ~ h h ~ ~G ~,` Z't,.~ Z 2 1 _
~------- ---------r--- -- ---
AGENT NAME: ~ t_` l__-~~~.~R E;'7 ~ V~. ._ ---- -- __ - _...__.
MAILING ADDRESS: ~? U_~ __.t'CA.,.rc1----~'.~lu. c~ ~ t!t--- ~l._ 3 y_l~9 ~
_. ~ .._ Y1::~ C~ t _ -- -_---
PHONE NUMBER: "T ~`7' 'j ?~ ~j _--~5~%CJ~ --- FAX NUMBER -~_7 '~.-""I _ "'I ~J 7-1-~'1 J~--- - - ----
CELL NUMBER: --'~~"~, ~~= ~/Z_"'~"j EMAIL: b t '~,_ c~~L.i(-p.~7_I oY_'L~~-lW__GGLyI ___
B. PROPOSED DEVELOPMENT INFORMATION: (Code Section 4-202.A)
PROJECT NAME: ~°a ~ ~~ t (L~ i PROJECT VALUATION: $ ~ ~,(~ L~ C~C~ . ~~ c:i
STREETADDRESS ~ ~ /^~ ( { r ~ `
--~'.l`~..L_~l,.L_.---4-5~_.._..fTl.ts.)" ----19-j~.l'ZGL.YlA3Cti~ef I--~~---
PARCEL NUMBER(S): ~~ - ( ^~ ~ -- Q t p p
~.1 _--~ ~ -- . ~ ~-- y i_ ~ ° Lib ---- --- -- -_.
PARCEL SIZE (acres): t~j' c~ ~ Y ~ ~ PARCEL SIZE (square feet):
LEGAL DESCRIPTION: ~,~..~~1 _ ~ ~.~ ...~~ y; rl~uYZ ti~ C`c~~~v~~ \Gl~ CiGLG CY~~ -~-tJ -N., Y~_ `~ a ~_ + [+
----
r r -r
PROPOSED USE(S): `_. _.t''~.'~'C1l.w.irrt-r,-''~"~ - -- -- -- -_ ----- - ----- --..-_.._
DESCRIPTION OF REQUEST:
Specifically identify the request
(include number of units or square
footage of non-residential use and all
requested code deviations; e.g.
reduction in required number of
parking spaces, specific use, etc.)
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Page 1 of 8
For page 1 Of 8 Section B -Description of Request:
We are requesting the change of setbacks as required for the West property boundary to
a 2.5 foot setback where a 10 foot setback is required and on the North property
boundary a change to a 5 foot setback where a 10 foot setback is required and on the
South property boundary a change to a 10 foot setback where a 25 foot setback is
required. This parcel is part of The Village at Countryside Shopping Center and the
owner of this parcel is subject to the Covenants and Restrictions for this shopping center
as recorded in Pinellas County Records O.R. 5658, page 1622 through 1648, on
December 8, 1983, document number 83245122, a copy of which has been included.
The modifications required to the site and existing parking lot to provide for the required
setbacks will have direct adverse impact to the neighboring businesses and will cause
undue harm to the value, safety and traffic flow of the shopping center in general. The
original development and construction of this existing shopping center did not meet
today's setback requirements and restrictions that define a set back as the distance from
the property line to be the edge of asphalt. Requiring that these modifications be made
to this one site is in direct conflict with the Covenants and Restrictions of The Village at
Countryside Shopping Center that this owner is bound to and will also adversely affect
the adjacent business and building owners.
The Project was permitted under the requirements that were meant to meet the
minimum standards of current codes, however at the time of the original permit issuance
this was not seen as an adverse requirement that would impact the adjacent businesses
and building owners. One of the requirements is that the main driveway, between this
business and the adjacent business to the West, be narrowed to 24 feet. This was to
allow for the removal of 7.5 feet of asphalt and base material to allow for the planting of
a shrub and tree row, which would provide fora 10 foot setback and landscape buffer
from the property line to the edge of asphalt. This would effectively block view and
access to the adjacent business, as well as narrowing a main drive that is traveled by
delivery trucks of all sizes, trash pickup and the necessary service trucks that service
each of these restaurants such as pumping of grease traps and removal of solid waste.
The narrowing of the drive will cause safety issues as well as the potential blocking of
traffic when deliveries to either business are being made. The original entrance of this
building was located at the South east corner. This was on the opposite side of the
parking lot and did not allow for easy access to the building from the parking lot. The
building entrance is now proposed for the North East corner which will allow for safer
and more efficient access from the parking lot. It will also allow for the removal of
additional impervious surfaces which will increase the ability to add green space and
outdoor dining opportunities. The set back variance on the North and South boundaries
are also being requested to allow for existing parking and for safe access to the existing
parking lot.
t ... ~
HOES THIS APPLICATION INVOLVE THE TRANSFER OF DEVELOPMENT RIGIjTS (TDR), A PREVIOUSLY APPROVED PLANNED UNI
DEVELOPMENT, OR A PREVIOUSLY APPROVED (CERTIFIED) SITE PLAN? YES ~ NO _ (if yes, attach a copy of the applicable documents)
C. PROOF OF OWNERSHIP: (Code Section 4-202.A.5)
^ SUBMIT A COPY OF THE TITLE INSURANCE POLICY,.,DEED TO THE PROPERTY OR SIGN AFFIDAVIT ATTESTING OWNERSHIP. (see
page 7) ,
D. WRITTEN SUBMITTAL REQUIREMENTS: (Code Section 3-913.A)
^ Provide complete responses to the six (6) GENERAL APPLICABILITY CRITERIA - F~cplain how each criteria is achieved, in detail:
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.
-- -
-- -- --- ..r._- _-_ - -- -~ ~. ~ _ _ __ ~~ ,~c~ ~ ~~..~ _. ---- _ __ _ _ __
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 of persons residing or working in the neighborhood of the proposed use.
4. The proposed development is designed to minimize traffic congestion.
5. The proposed development is consistent with the community character of the immediate vicinity of the parcel proposed for development.
6. The design of the proposed development minimizes adverse effects, including visual, acoustic and olfactory and hours of operation impacts, on
adjacent properties.
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' ~ ..
Response to Section D -Page 2 of 8
1. This project encompasses the remodeling of an existing building and the site
mod cations as required. The use of the building will remain the same as
originally developed. This building was formerly Rio Bravo Restaurant that
closed in November 2003. The business directly to the West is Cody's
Restaurant. This restaurant is part of The Village at Countryside Shopping
Center, which also contains the Red Lobster Restaurant to the North. It is
located at the North West corner of the intersection of US19 and Enterprise
Road. This area is all commercial businesses and restaurants. The building is
an existing free standing structure that is not out of scale with the adjacent
structures.
2. The existing structure was in condemnation when the owner purchased. The
development of the site and the building is in accordance with the previous use,
that of a restaurant as stated in response #1. The redevelopment of the
business and the proposed improvements to the building and the site will not only
enhance the overall perception of the shopping center, it will bring new jobs and
perhaps new business activity to some of the now vacant office buildings to the
South.
3. As part of the site redevelopment, we propose to eliminate the drive around the
building and close the entrance to the parking directly off the service road
entrance to the main parking lot. This will improve the pedestrian walk way and
entrance to the shopping center and will reduce vehicular conflicts in the parking
lot at the main entrance. Vehicle stacking areas where entrance is to a main
roadway from the parking lots are being added and sidewalk connections from
the building sidewalk to the public walk along US 19 are also being added.
Improvements to the walkway entrance on the West side of the parking lot into
Cody's will be curbed and landscaping added. This will eliminate the parking
space that are now directly in front of the walkway and provide a safer entrance
for the pedestrians.
4. The existing traffic flow will remain the same. No new entrances from the service
road on the East side or from Enterprise road to the South will be added.
Improvements will be made to provide stacking lanes at the existing road entry
areas. Site triangles will be maintained at all intersections within the parking lot.
Additional signage is proposed to maintain correct traffic flow. The entrance to
the restaurant parking off the entry drive on the North East corner of the property
will be closed. This will eliminate crossing over of cars as they immediately enter
the parking lot. This will greatly reduce vehicular conflicts and provide safer
means of ingress and egress to the shopping center as a whole.
5. The Village at Countryside Shopping Center is an existing shopping center that
contains restaurants and retail stores. The improvements being made to this
structure will not change its original use, that of a restaurant, nor does it
negatively impact the community character of the immediate neighboring
• r
commercial businesses or offices. This project improves a vacant and
deteriorating site and brings a viable new business to the shopping center.
Providing jobs and increased public awareness to the shopping center as a
whole.
6. As has been mentioned this building was in disrepair and was vacant. The site in
general was neglected and had become an eyesore. The improvements being
made will provide an attractive facade that will attract attention to the shopping
center and hopefully provide additional customer traffic for all surrounding
businesses. The dumpster location will be installed on an angle to allow easy
access for the removal of solid waste. It will be enclosed in a masonry enclosure
that will be finished to match the building with an attractive gate to shield view of
the dumpster. The additional landscape proposed will provide a more natural feel
for this major intersection along US19 and will greatly improve the South end of
the shopping center. This landscape areas and the outdoor dining area
surrounded by the masonry walls will provide a quality outdoor dining experience
by eliminating the vehicular traffic noise and exposure to the traffic itself. The
adjacent business, Cody's Restaurant, will operate during the same hours that
this proposed restaurant will be operating. All adjacent properties are
commercial and the use of the property is in compliance with zoning and the
original use of the site. There are no adverse effects to any adjacent properties.
t ~ ~
WRITTEN SUBMITTAL REQUIREMENTS: (Comprehensive Infill Redevelopment Project Criteria)
^ Provide complete responses to the six (6) COMPREHENSIVE INFILL REDEVELOPMENT PROJECT CRITERIA -Explain how each criteria is
achieved, in detail:
1. The development or redevelopment is otherwise impractical without deviations from the use and/or development standards set forth in this
zoning district.
--
2. The development or redevelopment will be consistent with the goals and policies of the Comprehensive Plan, as well as with the general
purpose, intent and basic planning objectives of this Code, and with the intent and purpose of this zoning district
3. The development or redevelopment will not impede the normal and orderly development and improvement of surrounding properties.
4. Adjoining properties will not suffer substantial detriment as a result of the proposed development.
_..
5. The proposed use shall othewise 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 vrith one or more of the following
objectives:
a. The proposed use is permitted in this zoning district as a minimum standard, flexible standard or flexible development use;
b. The proposed use would be a significant economic contributor to the City's economic base by diversifying the local economy or by creating
jobs;
c. The development proposal accommodates the expansion or redevelopment of an existing economic contributor;
d. The proposed use provides for the provision of affordable housing;
e. The proposed use provides for development or redevelopment in an area that is characterized by other similar development and where a
land use plan amendment and rezoning would result in a spot land use or zoning designation; or
f. The proposed use provides for the development of a new and/or preservation of a working waterfront use.
6. Flexibility with regard to use, lot width, required setbacks, height and off-street parking are justified based on demonstrated compliance with all of
the following design objectives:
a. The proposed development will not impede the normal and orderly development and improvement of the surrounding properties for uses
permitted in this zoning district;
b. The proposed development complies with applicable design guidelines adopted by the City;
c. The design, scale and intensity of.the proposed development supports the established or emerging character of an area;
d. In order to form a cohesive, visually interesting and attractive appearance, the proposed development incorporates a substantial number of
the following design elements:
^ Changes in horizontal building planes;
^ Use of architectural details such as columns, cornices, stringcourses, pilasters, porticos, balconies, railings, awnings, etc.;
^ Variety in materials, colors and textures;
^ Distinctive fenestration patterns;
^ Building stepbacks; and
^ Distinctive roofs forms.
e. The proposed development provides for appropriate buffers, enhanced landscape design and appropriate distances between buildings.
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Page .3 of 8
'~,.
Response to Numbers 1 through 6 -Page 3 of 8
Comprehensive Infill Redevelopment Project Criteria
1. This parcel is part of The Village at Countryside Shopping Center and the owner
of this parcel is subject to the Covenants and Restrictions for this shopping
center as recorded in Pinellas County Records O.R. 5658, page 1622 through
1648, on December 8, 1983, document number 83245122
The modifications required to the site and existing parking lot to provide for the
required setbacks will have direct adverse impact to the neighboring businesses
and wilt cause undue harm to the value, safety and traffic flow of the shopping
center in general. The original development and construction of this existing
shopping center did not meet today's setback requirements and restrictions that
define a set back as the distance from the property line to be the edge of asphalt.
Requiring that these modifications be made to this one site is in direct conflict
with the Covenants and Restrictions of The Village at Countryside Shopping
Center that this owner is bound to and will also adversely affect the adjacent
business and building owners.
The Project was permitted under the requirements that were meant to meet the
minimum standards of current codes, however at the time of the original permit
issuance this was not seen as an adverse requirement that would impact the
adjacent businesses and building owners. One of the requirements is that the
main driveway, between this business and the adjacent business to the West, be
narrowed to 24 feet. This was to allow for the removal of 7.5 feet of asphalt and
base material to allow for the planting of a shrub and tree row, which would
provide fora 10 foot setback and landscape buffer from the property line to the
edge of asphalt. This would effectively block view and access to the adjacent
business, as well as narrowing a main drive that is traveled by delivery trucks of
all sizes, trash pickup and the necessary service trucks that service each of
these restaurants such as pumping of grease traps and removal of solid waste.
The narrowing of the drive will cause safety issues as well as the potential
blocking of traffic when deliveries to either business are being made. The original
entrance of this building was located at the South east corner. This was on the
opposite side of the parking lot and did not allow for easy access to the building
from the parking lot. The building entrance is now proposed for the North East
corner which will allow for safer and more efficient access from the parking lot.
The set back variance on the North and South boundaries are also being
requested to allow for existing parking and for safe access to the existing parking
lot and to allow for the new outdoor patio dining areas.
2. It is our intent to provide redevelopment features that will be consistent with the
goals and policies of the Comprehensive Plan and Code; however the original
development of this shopping center was done with the plan and consideration of
all parcels being treated as one. The additional requirement of buffers and
increased setbacks to be in compliance to the new definition of "structures" will
cause adverse effects to neighboring property owners. It is our intent to provide
the additional safety requirements as they pertain to the parking lot and the
additional landscape as required that can be installed in the space as provided.
3. The surrounding properties are fully developed. The redevelopment of this site
will not impede a normal redevelopment of the adjacent or surrounding
properties. In fact the investment in the improvements being made to this parcel
and building should provide incentive to the surrounding properties to reinvest in
their properties over time and improve their value.
4. The redevelopment of this parcel will enhance the existing properties. This
redevelopment project will result in a new building and site that will increase
adjacent property values and bring increased business to the shopping center.
5. The proposed use is in compliance with zoning and a restaurant is permitted
within the Commercial General land use category. The use of the building will
remain the same as originally developed. This building was formerly Rio Bravo
Restaurant that closed in November 2003. The business directly to the West is
Cody's Restaurant. This restaurant is part of The Village at Countryside
Shopping Center, which also contains the Red Lobster Restaurant to the North
and numerous retail businesses and offices.
The improvements being made to this site will have no negative impact on the
community character of the immediate neighboring commercial businesses or
offices. This project will improve a vacant and deteriorating site and brings a
viable new business to the shopping center. Providing jobs and increased public
awareness to the shopping center as a whole. It is anticipated that 75 to 90 new
full and part time jobs will be created by this restaurant. This new business
should have a positive economic impact on the area and provide a positive
economic impact to the City of Clearwater.
6. The setback modifications as requested will not impede any additional
development. All properties adjacent to this property are fully developed. Any
additional remodeling will not be affected by this properties redevelopment. We
are also in compliance with the emerging character of this area. The proposed
landscape and buffers will enhance this property and all surrounding properties.
As can be seen on the proposed elevations the use of extensive trim details, wall
caps, columns, balconies, railings, etc., will make the property visually interesting
and attractive. The use of landscape garden areas will provide additional buffers
to the roadways. It is the buffer between properties that are not practical.
' ,
E. STORMWATER PLAN SUBMITTAL REQUIREMENTS: (City of Clearwater Storm Drainage Design Criteria
Manual and 4-202.A.21)
^ A STORMWATER NARRATIVE MUST BE SUBMITTED WITH ALL APPLICATIONS. All applications that involve addition
or modification of impervious surface, includirig buildings, must include a stormwater plan that demonstrates compliance with the City of
Clearwater Storm Drainage Design Criteria manual. A reduction in impervious surface area does not qualify as an exemption to this requirement.
^ If a plan is not required, the narrative shall provide an explanation as to why the site is exempt.
^ Existing topography extending 50 feet beyond all property lines;
^ Proposed grading including finished floor elevations of all structures;
^ All adjacent streets and municipal storm systems;
^ Proposed stormwater detention/retention area including top of bank, toe of slope and outlet control structure;
^ A narrative describing the proposed stormwater control plan induding all calculations and data necessary to demonstrate compliance with
the City manual.
^ Proposed stormwater detentionlretention area including top of bank, toe of slope and outlet control structure;
^ Signature and seal of Florida Registered Professional Engineer on all plans and calculations.
^ COPY OF PERMIT INQUIRY LETTER OR SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (SWFWMD) PERMIT
SUBMITTAL (SWFWMD approval is required prior to issuance of City Building Permit), if applicable
^ ACKNOWLEDGEMENT OF STORMWATER PLAN REQUIREMENTS (Applicant must Initial one of the following):
_____ ____ _ Sto~mwater plan as noted above is included
Stormwater plan is not required and explanation narrative is attached. At a minimum, a grading plan and finished floor
elevations shall be provided.
CAUTION - IF APPL{CATION REVIEW RESULTS IN THE REQUIREMENT FOR A STORMWATER PLAN
AND NONE HAS BEEN SUBMITTED, APPLICATION MUST BE RESUBMITTED AND SIGNIFICANT DELAY
MAY OCCUR.
If you have questions regarding these requirements, contad the City Public Works Administration Engineering Department at (727) 562-4750.
F. SUPPLEMENTAL SUBMITTAL REQUIREMENTS: (Code Section 4-202.A)
^ SIGNED AND SEALED SURVEY (including legal description of property) -One original and 14 copies;
^ TREE SURVEY (including existing trees on site and within 25' of the adjacent site, by spedes, size (DBH 4" or greater), and location,
including drip lines and indicating trees to be removed) -please design around the existing trees;
^ TREE INVENTORY; prepared by a "certified arborist", of all trees 4" DBH or greater, reflecting size, canopy (drip lines) and condition of
such trees;
^ LOCATION MAP OF THE PROPERTY;
^ PARKING DEMAND STUDY in conjunction with a request to make deviations to the parking standards (ie. Reduce number of spaces).
Prior to the submittal of this application, the methodology of such study shall be approved by the Community Development Coordinator and
shall be in accordance with accepted traffic engineering principles. The findings of the study will be used in determining whether or not
deviations to the parking standards are approved;
^ GRADING PLAN, as applicable;
^ PRELIMINARY PLAT, as required (Note: Building permits will not be issued until evidence of recording a final plat is provided);
^ COPY OF RECORDED PLAT, as applicable;
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Response to Section E on page 4 of 8 Storm Water narrative:
The storm water system is master planned and is part of The Village of Countryside Shopping Center. It
will not be affected by the redevelopment of the site. We will not be adding additional impervious areas
or changing the original design or use of the storm water drainage system as originally installed. We are
proposing the removal of the drive and entry as shown on the original approved plans which will
increase the pervious area on the site and will decrease roof runoff.
Response to Section F on page 4 of 8 regarding the parking demand study
The building will require 157 spaces per development code. There are 90 spaces on site and 67 provided
off this parcel by use of the parking agreement as stated in covenants and restrictions of this
development which refers to all parking as common to all users.
.G. SITE PLAN SUBMITTAL REQUIREMENTS: (Section 4-202.A)
^ SITE PLAN with the following information (not to exceed 24" x 36"):
Index sheet referencing individual sheets included in package;
North arrow;
------ _
Engineering bar scale (minimum scale one inch equals 50 feet}, and date prepared;
All dimensions;
Footprint and size of all EXISTING buildings and structures;
Footprint and size of all PROPOSED buildings and structures;
All required setbacks;
All existing and proposed points of access,
Ali required sight triangles;
Identification of environmentally unique areas, such as watercourses, wetlands, tree masses, and specimen trees, including
__ description and location of understory, ground cover vegetation and wildlife habitats, etc; Location of all public and private easements;
Location of all street rights-of--way within and adjacent to the site;
Location of existing public and private utilities, including fire hydrants, storm and sanitary sewer lines, manholes and lift stations, gas
____ _ and water lines;
All parking spaces, driveways, loading areas. and vehicular use areas;
Depiction by shading or crosshatching of all required parking lot interior landscaped areas;
Location of all solid waste containers, recycling or trash handling areas and outside mechanical equipment and all required screening
__ _ {per Section 3-201(D)(i) and Index #701};
Location of all landscape material;
Location of all onsite and offsite storm-water management facilities;
Location of all outdoor lighting fixtures;
Location of ali existing and proposed sidewalks; and
Floor plan typicals of buildings for all Level Two approvals. A floor plan of each floor is required for any parking garage requiring a
Level Two approval.
^ SITE DATA TABLE for existing, required, and proposed development, in written/tabularfoan:
EXISTING REQUIRED PROPOSED
Land area in square feet and acres;~~'~-~Q ~ ~.L`~S,l.~'+>~S ~_ Jr'~rY+Z- - ~i`~^~..
Number of EXISTING dwelling units; __%~~_ ____~_~"~ ___ N~~4 _.____
_ - Number of PROPOSED dwelling units; _ ,V~/t- _, ___ %~/.4 ___ __-_!~~,______
Gross floor area devoted to each use;
Parking spaces: total number, presented in tabular form with the
___ __ number of required spaces;
Total paved area, including all paved parking spaces & driveways,
____ expressed in square feet & percentage of the paved vehicular area; .
Official records book. and page numbers of all .existing utility
_ easement;
Building and structure heights;
Impermeable surface ratio (I.S.R.); and
Floor area ratio (F.A.R.) for all nonresidential uses.
--- ~`~..-- --- -- --- ~ s 7 ---- - i 5 '7
2 2. ~ ------- -- - --Z 5 -- -- -- --~ S__
• // •°~ti
^ REDUCED COLOR SITE PLAN to scale (8 Y X 11);
^ FOR DEVELOPMENTS OVER ONE ACRE, provide the following additional information on site plan:
One-foot contours or spot elevations on site;
Offsite elevations if required to evaluate the proposed stormwater management for the parcel;
All open space areas;
Location of all earth or water retaining walls and earth berms;
Lot lines and building lines (dimensioned);
Streets and drives (dimensioned);
Building and structural setbacks (dimensioned);
Structural overhangs;
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•
ki. LANDSCAPING PLAN SUBMITTAL REQUIREMENTS: (Section 4-1102.A)
Q~ LANDSCAPE PLAN with the following information (not to exceed 24" x 36"):
All existing and proposed structures;
Names of abutting streets;
.Drainage and retention areas including swales, side slopes and bottom elevations;
Delineation and dimensions of all required perimeter landscape buffers;
_--
Sight visibility triangles;
Delineation and dimensions of all parking areas including landscaping islands and curbing;
Existing trees on-site and immediately adjacent to the site, by species, size and locations, including driplines (as indicated on required
_____ tree survey);
Location, size, and quantities of all existing and proposed landscape materials, indicated by a key relating to the plant
___ schedule;
Plant schedule with a key (symbol or label) indicating the size, description, specifications, quantities, and spacing requirements of all
_____ existing and proposed landscape materials, including botanical and common names;
Typical planting details for trees, palms, shrubs and ground cover plants including instructions, soil mixes, backfilling, mulching and
___ protective measures;
Interior landscaping areas hatched and/or shaded and labeled and interior landscape coverage, expressing in both square feet and
____ _ percentage covered;
Conditions of a previous development approval. (e.g. conditions imposed by the Community Development Board);
Irrigation notes.
Ed'` REDUCED COLOR LANDSCAPE PLAN to scale (8'/= X 11);
l3'' COMPREHENSIVE LANDSCAPE PROGRAM application, as applicable. Landscape associated with the Comprehensive Landscape
Program shall exceed minimum Code requirements to offset the areas where minimum Code will not be met.
I. BUILDING ELEVATION PLAN SUBMITTAL REQUIREMENTS: (Section 4-202.A.23)
l~" BUILDING ELEVATION DRAWINGS -with the following information:
~ All sides of all buildings
Dimensioned
Colors (provide one full sized set of colored elevations)
~ Materials
C7 REDUCED BUILDING ELEVATIONS -same as above to scale on 8'/= X 11
J. SIGNAGE: (Division 19. SIGNS /Section 3-1806)
^ All EXISTING freestanding and attached signs; Provide photographs and dimensions (area, height, etc.), indicate whether they will be
removed or to remain.
^ All PROPOSED freestanding and attached signs; Provide details including location, size, height, colors, materials and drawing;
freestanding signs shall include the street address (numerals)
^ Comprehensive Sign Program application, as applicable (separate application and fee required).
^ Reduced signage proposal (8 % X 11) (color), if submitting Comprehensive Sign Program application.
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,K. TRAFFIC IMPACT STUDY: (Section 4-202.A.13 and 4-801.C)
^ Include if required by the Traffic Operations Manager or his/her designee or if the proposed development:
Will degrade the acceptable level of service for any roadway as adopted in the Comprehensive Plan.
Will generate 100 or more new vehicle directional trips per hour and/or 1000 or more new vehicle trips per day.
Will affect a nearby roadway segment and/or intersection with five (5) reportable accidents within the prior tvdelve (12) month period or
that is on the City's annual list of most hazardous intersections.
Trip generation shall be based on the most recent edition of the Institute of Transportation Engineer's (ITE) Trip General Manual.
The Traffic Impact Study must be prepared in accordance with a "Scoping Meeting" held v~ith the Traffic Operations Manager and the
Planning Department's Development Review Manager or their designee (727-562-4750)
Refer to Section 4-801 C of the Community Development Code for exceptions to this requirement.
^ Acknowledgement of traffic impact study requirements (Applicant must initial one of the following):
Traffic Impact Study is included. The study must include a summary table of pre- and post-development levels of service for all
_ roadway legs and each turning movement at all intersections identified in the Scoping Meeting.
___ ~('raffic Impact Study is not required.
CA ON - IF APPLICATION REVIEW RESULTS IN THE REQUIREMENT FOR A TRAFFIC IMPACT
STUDY AND NONE HAS BEEN SUBMITTED, APPLICATION MUST BE RESUBMITTED AND
SIGNIFICANT DELAY MAY OCCUR.
If you have questions regarding these requirements, contact the City Public Works Administration Engineering Department at (727) 562-
4750.
L. FIRE FLOW CALCULATIONSI WATER STUDY:
Provide Fire Flow Calculations. Water Study by a FIRE PROTECTION ENGINEER to assure an adequate water supply is available and to determine if
any upgrades are required by the developer due to the impact of this 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 the water supply must be able to supply 150°k of its rated capacity. Compliance with
the 2004 Florida Fire Prevention Code to include NFPA 13, MFPA 14, NFPA Z0, NFPA 291, and MFPA 1142 (Annex H) is required.
^ Acknowledgement of fire flow calculations/water study requirements (Applicant must initial one of the following):
_____ Fire Flow Calculations/Water Study is included.
~~~/ Fire Flow Calculations/V1/ater Study is not required.
--1~ r--
UTION - IF APPLICATION REVIEW RESULTS IN THE REQUIREMENT FORA FIRE FLOW
CALCULATIONS/ WATER STUDY AND NONE HAS BEEN SUBMITTED, APPLICATION MUST BE
RESUBMITTED AND SIGNIFICANT DELAY MAY OCCUR.
If you have questions regarding these requirements, contact the City Fire Prevention Department at (727) 562-4334.
M. SIGNATURE:
I, the undersigned,. acknowledge that all representations made STATE F FLORIDA, COUNTY OF PIN
in this application are true and accurate to the best of my Sw rn t and subscribed before me this ay of
knowledge and authorize City representatives to visit and , A.D. 20 to me and/or by
photograph th property described in this application. who is personally known has
/ p ~ d
s i ntification.
Signature of r p t w r r representative b'
Y
~ ~ ~ Notary Public -State of Florldtt
My Comm. Expires Jul ~, 2019
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Page 7 of 8 __ _ __ ~~~ `
N. AFFIDAVIT TO AUTHORIZE AGENT:
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 (address or general location):
3. That this property constitutes the property for which a request for a: (describe request) i _ i
\lcr.roc,~,~cz...._~-D._Pv:t~P~v:..k~__._'.~~a~tc_k.~-~!'~`-~___C~.t.U.~~L~-~o~-~_. '~o--C~~ucla~ir'tit~„T
_ ---
cx. v. _ - r
,t1.v~d'SCcI~?~-- ~T- - G~C~ir-ctS _~YLr/~ ~'r'S;_t~i-.'G`'C~--- Y]~ti~~evS ----------
4. That the undersigned (has/have) appointed and (does/do) appoint: U
tipal__6:1~~IG_~~i~~t~..~~w-~--t~i_W~_..-----------tryln4~~_-~12~1-r73"3_- ~_Sf~O-------------------
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 pr~perty are necessary by City representatives in order to process this application and the owner authorizes City
representatives to visit nd photogfaph the property described in this application;
7. That (I/we), th~ersi~ge8~~ffQ~~r~,~~certify t~ o egoing is true and correct.
Property Owner
Property
STATE OF FLORIDA,
COUNTY OF PINELLAS
ore me the undersigned, an officer duly commissioned by the laws of he State oyfyF~lorida, on this -_~~- _ day of
~-L~_ ~-p~-v_ ~_ _ personally appeared ~l~Q t~1 ~'~' ~]"1(1~- t ' ~N _ ~~ ~2.~ who having been first duly sworn
D poses and says that he/she fully understands the contents of the affidavit that he/she sig~ed. ,-.
Notary Seal/Stamp
My
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Page 8 of 8
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alaending sad restating is its sntirety that certain Declara-
~+ tion of £atabliahsient of Protective Covenants, CorditionR
H sad Restrictiozu, and Grante of Easements recorded r'IarCh 19,
C 1981, in B.R. Bock Slo4, at Paqe 67, as modified by instru-
~ ~ meats recorded"March 17, 1982, in O.R. Book 5322, at Page
~ ~ I477 and recorded June 3, 1982, in O.it. Hook 5356, at Page
-n
IlOS, all of the Public Records of Piuell:s County, Florida;
~ all of the foragoinQ fastruments being saperseded by this
~ ~ ~ Daclaration_
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N ~ ~ CONTEPITS ?g9R .-
.~ ~ I. DEFINITIONS .............................._..... 3
dCb ~ '•
~ ,ei II. USES ........ ...................., 5
i9A.U • .............
2.1 Use 3n General ................ 5
2.2 Usa•iteatrfctfon ....... ,.. ........._.
2.3 Easemeata for Accsae, Utilities~utd Drainage 5
2. ~ Ccsmmo>7 Area uses ....... _ 9
2.5 Easement for #laintana~a ..................... y
2.5 C~tmaercial Trucks, Trailers,~Campers -..... i
sad Boats ....._. II
2.7 Property to be Kcpt~in Ciean~and~Saaitary.~-~•
Condit#on .-__--• ~ 11
2.6 Noise, Light sad Other~Emissiona.. ~. ,I,~ ~~~ I2
2.9 Major User to Comply xlth itegulations......_._ 1.2
2.10 Be~ildinq and Cotamnn Area Reatrxctions....._.. 12
IZZ. ARL7iTT£GTURAL CONTKOL .......... .......... ....... 22
3.1 Prior Sub3aission of Pl:aa ................. 12
3.2 ...
Liability of Lane anti; Architectural Control
committee ...
3.3
Eater2or Appeara~tcea an3~Lar-dscaping
. 14
3.4 ._
Care and Appearance of Property.
-... ... lg
3.5 .
Telephone, Electric and Cas Undergro:snd~~~~~~~ 14
Serer#ce ._...
3.6 ....
...._.. .._...........
Drainage ......
15
3.7 ........,.
Fences....... ...................... 15
......
3.9 .
.......................
Hefgtst ...... 16
3.10 ...
Apprcval Not Unr
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4.1 Cossion 11:vn ia~-rovaaieats .................. i6
4.2 Coaawe J1rea ltai~eaaace ands Iuaurance ......... 1?
~.3 Pond Charge For Retsntion Pond ................ 1?
4.4 De34rguent Paymsats .... .................... 18
4.5 Power to Regulate Coswwa~Area .._..... ._.... 18
V. lQSCELLl1t1E0U5 PAOViSIONS .......................... 18
S.1 Panics Bound .. ... ...............:..... 18
S.2 Covenants to Run t~tith•Land ................... 14
5.3 Duration .................................. 19
5.4 ~a~arability ......... ............."..,..... 18 _..
5.3 Enforeeuent ....................---........... 14
S.6 Coacleauiation ................................. 20
5.7 Notices ....................................... so
5.8 Captions .................................... 20
b.9 Attorna~.`a Feaa .............................. 20
b_10 Breach - ----...-•----• .................... 20
3.11 No Dsdication ........,...... .. .............. 21
S.I2 Dispute ...................................... Z1
5.13 Conwyattcea.~bordinate _...........---....... 21
5.24 Jlniendmant .................................... 21
Acknflwledgment ................_._.........-•-•---------- 23
E~IISIi 'A" - The Property .............................. 24 ~~
E18IBIT '8" - Site Plan ................................ 25
~ZSIT "G" - TRII Parcel ................................ 25
E70iI8I2 "D" - Office Building .... ..... . . .. . • - - . - ...... ::7 ~•~ -
. 4i I T N £ ~ -S E T FI: ~ *~•
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iiHEREAS, Lane is the owner of that certain real ~-,•`
groparty iowted in the City of Clearwater, County of l'ineilws,
State of Florida, amore particularly described is FarhiYiit ~1!' i..
attached hereto and by this reference wade a part h3rea€; snd -
{
iifiEREAS, Lase has previo¢sly subjected acid praperty ~~.'
to the covenaats, conditions and restrictions set forth 1n
iastruarenta recorded in O.&_ 3ook 5164, at Page 67, and in O.R. t.i
Book 5312. rt Page I47?, and ih C. :. Book 5356, at Page 1205, .~
all of the Public Rec:arda of Pinellas County,- Florida, all in r
order to grant certain eaaesaants, and establish a gms-eral Fri an .
of iaprove:ent of said property as a chapping center and
pr7tsssional office comF:lea end for the siutual benefit of tha
owners of any arsd all portions thereof and. their respective
heirs, successors, assigns, grantees, mortgageaa and tansnts,
pttrsnant to tbib documeat; and
i~TH£hEAS, Lane afshes to clarify the terms and pro-
viaiana of tha forsgoinq inatruiaents by incarparatinq all of
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saes into thi: instrument, vitsout aaterial ~aodificatioa of
said terau and provisions, and pursuant to its rights under
Section 5.14 of the instrutrents described above, Laae is snti-
tled to aaend said idstzvments so long as no firmer or Major
User (as defined therein and bereinaftar) is sot unreasonably
prejudiced thereby:
HdF}, TBEAEFORE, Lana Boas hereby establish the
asrendsd and restatad covenants, conditioaa arad restrictions
hareinatter sat forth, a~ amends and restates the easements
IIereinafter described., is Nett of and :s a restatement of all
of the fvsegoinq inatru3aanta, which art auperceded in their
eatsrety by this instrument, as foliaws:
I. DEFiKiTIO~+iS .
1.1 "Architectaral Control Committee" or the
"Comsittee" shall mean and refez to a caemittee which shall
exercise the powrra granted herein, :-he membsrs' of rdsiah shall
be appointed fray titre to time by Lane and its successors and
assigns to whoa Lane apecif#ca11y assigns such paver of ap-
poiatarent. The address of tt-e Architecura3_ Control Committee
for the purpose of this Declaration shall bs~c% The Lane
Co~sany, Ltd., 22$0 V.S. Bigbaay 19 Korth, 5t:ite 228, Clear-
water. Florida 33525, or ouch other address as may be desig-
nated from xinr~e to time by an asendement to this Declaration
fxeruted solely by Lase.
1.2 "Site Plan" shall :wean the location of rise
Building Areas and Cosmos AreaE Indic:fed on the Site Plan
aime:ed is Exhibit "B" hereto.
~~ 1.3 'TRU Parcel" shall wean the area described
on Exhibit 'C" annexed hereto.'TRl3" shall mean TRU fealty Corporation,
a Deiaxare corporation.
3.4 "Building Area" shall seen and refer to
say portion of the Property rtltjch is improved by an office,
ccarercial or retail bt:ildinq for private uas, including aay~
patio, baleony, courtyard or t3~e like which fa not included
within the exterior walla of a buildi.na but is adjacent to
and ttstd exclusively by the Chrrer, !sa j or User (a } or User of as
office, cosettiertial or retail building. The term "Building
Area" shall sot include any parking arena, landscaped areas,
roads, walks, exterior corridors, siderrallts, or any utility,
service or storage rooms used by or for the benefit~of aub-
atantlally alI Owner, Major Users or Usern.
1.5 "Comeon Area' ac °~ammon Rreas" shall mean
and safer to say rtes within the Property except those arses
designated Eros rise to time as included within the Building
Area or othatsiiar excluded froe~ Chia definition, including
without limitation parkla9 stets, landscaped aress, drivevay~s,
roads, walks, corridors, malls, public stairs, ramps, employee
or t.ens7et vs3iicular parking arena and say tranaportatior, area
or facility, air quality monitoring Bite, surface or storm
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a 25658 r~~1625
eater holdiaq or treataaeaL sits or facility serving or looted
upon the Property. 'Conseoa lireu' shall not laclude any ot-
tice or casaiercial building for privates use nox or hereafter
toastructed u~ the Troperty sad s1~all not include any patio,
b+aleony, oovxtyar~i, or other are: pot included Within a build-
ing but designated snd used exclusively for the benefit of less
than all Major [Tsars.
1.6 'Pond Rrea Charge" shall ateaa and refes to
all caste apd expenses of maiataiaiaq the retention ponds nor
or hereafter located within the Property. The texas "Pond A:ez
Charges" shall eat include axpaasec of inftial iastaliation or
landacapipq of said retention ponds.
1.? 'Declaratiop' shall aean sad refer to this
instst~pt, tagttber ~fth alI exhibits, amendments and aupple-
aepts hereto, if espy, as su~y be adopted from time to Baia in
tits supper hereipafter provided.
1.8 "Major User' shall bcsn and refer to any
Qvner or lessee or sublessee in posatsaioa of as Occupied Area
under a deed, lease or subloasa having an original term of
twatg (20) years or mare, or,in tl:: abseaee of say such leases
or sublessee, the Otirt-er of such Occupied Rraa. "Urea" shall
refer to any at3ser part;: occupying suc3~ Occupied Ares.
1.9 "t~ccupaacy Days' shall mean and refer to
the aunber of days iz daisy ~ given year on Which a !fa j or User is
actuilly entitled to occupy an Occupied Are: under the teases
of a lease, sublease or deed; provided, however, that na Major
User ahail be deemed entitled to occupy an Occupied Area unless
and until a Certificate of Occupancy (temporary or peraazseat)
bees been issued by the appropria4e goversuoaatal authvritiea for
the building of wh!ch Euclt Occupied Brea is a part.
2.10 °Occupied Area" shall mean and refer to the
total square taotagc of floor arts withiA the Building Ares
~rhic}s is ormed acid/or seed (ahetber eacloaed or uncncloaedy by
say individual Major User_
1.21 "OEfice Property' shall Wean sad refer to
those portions of the ?roperty n~rr~or hereafter described in
Exhibit 'D' attached herete"
1.12 'Qvner' shall Wean apd refer to any owrser
in fee siepla now or he_estter of the Property or any portion
of the Property.
1.13 "Property' shall siean sad refer to 'the Taal
property awra particularly described in Exhibit 'R".
1_14 "leetricted Area" shall mean and refer to
the area oatlined in yellow on Exhibit "B' attached.
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II. USES.
~_ 2.1 Use in General. The Property, cansistinq
of both the Baildinq Araa and the Common Arena, shall be used
for cowmercia? purposes only, including without limitation the
operation of aerchandizinq establishments, r~stauraats, and
profeaaional offices. Ho portion of the Property shall be used
or operated as a discotheque, bar or cocktai: lounge (except in
connection with a restaurant whose primary function is the
service of food) theatre, boraling alley, •katinq rink, railer
disco or catering hall, or funeral parlor, or for the sale of
portwgcaphic literature or material, or as an adult book store
or sa-called "head shop" or for a widen or other ga~ae arcade,
flea a~arkst, or for a use trhich would be noxious or immoral or
ot]~rrisa constitute amoral turpituda or constitute sn undigni-
fiad, aimutable use.
2.2 Uea Restrictian_ No builiinq which is not
pranently constructs or un er construction on any portion of the
Property, outside of the TRU Parcel, may be used for the sale of
toys, gsmea, juvenile furniture, juvenile sporting goods, wheal
goods, and ottxx related items customarily carried by modern
toy stores except far the incidental r.ale of such items. '°!-e
sale or use G£ more than either 1,000 sgecare feet or lOt of the
floor area of a stare for the sale of such goods in the aggregate
shall not be deemed incidental and therefore shall constitute a
violation hereof_
2.3 Easements for Access, Utilities, and Drain-
age, The easamenta hereinafter established in each instance
shall run for the period of the dur:Lion of the effectiveness
of this Leclaratian as provided for in Section 5.3 hereinbelow
set forth, and shall be appurtenant to each and every portion
of the Property, and in each instance shall be non-exclusive
and for ttte reciprocal use and benefit of and in common with
all dwners of any portion of t2-.e Property, their heirs,
executors, adaiafatratora, successors, tranaferses,~assigaa,
tesiacsts and subtenants:
[a) An easement is hereby estnbliahed
for the parking of~passeng~r vehic:es and the
pedestrian and vehicular traffic of all Owners,
their heirs, executors, adcinistratora, succaa-
sors, transfereaa, assigns, tenants and sub-
tenants, and the officers, agents, directors,
employees, custaaers, Visitors, liw.nssas and
invitees of any of them, and the ingress sad
egress of said persons end the passenger
vehicles there ~f to ana fros~ any portion of the
Common Area atui the public streets adjacent to
the Common Area, which .easement shell encumber
•11 portions of the Common Area coroaonly used
and designated far such purpeses. Noiwith-
standinq the foregoing the Office Fraperty shall
not have the benefit of, and shall nat~be
burdened by, the easement otherviee~creatad
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far ouch parking granted hereunder but such
exception shall not limit the scope of ttee
•u~-ent herein establistesQ for ingress and
egress over arses caraNaetly used and deaignrtec±
for such purposes, includiaa roads within the
Offices Property.
(b) An eaaetncnt is hereby established
encumbering tJne Common Area far the inat:al-
lation, maintenance and operation of drainage
facilities and public or private utility ser-
vices aervinq the Property; including without
limitation vaults, manholes, meters. pipelines,
valves, hydrants, sprinkler controls, sewage
f:cilities and electric aced telephone conduits
and related facilities all of ttleich, whenever
possible, ateall be even with or belox ground
level or the level of any surface improvements,
and further including without lia~itat±on poles
or other above surface installations necessary
for the operation of public or private utility
services serving the Property, provided that
access to and from any portion of the Property
shall not be unreasonably impeded by such
installation, maintenance and operation of
public utility services serving the Property.
Any drainage facilities installed andlor
a~intained within the Common Area shall be
inst;lied and/ar maintained in accordance with
all applicable govarnn!ental regulations. Lane
hereby reserves the right to record, and all
Oumers aruijor•Kajor Oscrs Hereby agree to join
in, any easement agreement for drair_a?e purposca
or for utility services in the Caamoa Areas
reasonably recluired by the City of C:earstater of
any other gavarnmental authority or agency Eeav-•
ing jurisdiction over the Property ar any pro-
dder of utility services W the Property, pro-
vided that sue:e easement a~eement will not
unreasonably interfere with mercantile,
commercial and pzofeasional business operations
upon the Property. The coat of installation srai
maintenssece of utility services installed
subsequent to the date hereof, and the cast of
preparing and recordiaq any easement agreement
in ::onnectian therewit2e, shall be borne
eaclusivsly by the Owner or Owners of those
portiana of the Property served by such
aewices, whetter or not such services relate to
any portion of tlie~ Coma~an Area. 2lothinq in this
subparagraph (b) shall be deeased to be a current
dedication or grant of easement in favor of the
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City of Clearwater, any provider of utility
services to the Property or the general pteblic,
it beinq"the fnteation of Laae that this
Declaration shall be strictly lisiitad and for
the purposes herein eaprossed. Ncthiay in this
subparagraph (b} shall licit the sight of any
Or~ner to challenge anf condemnation or other
proceeding fastigatsd by the City of Clearwater
or any other governmeatai auibority or agency
beviaq jursidiction over the Praperty. In the
event any 44.~ner yr Dlajor user ah:ll require
specific utility easesents in order to serve
improvemtats constructed or to be constructed on
the Property or any part thereof, 1.tme and each lEt~
Oder agrees to grant such easements so long as such
easements da not mr¢easnnahly iraGesfere with ,
cosa~azr3al and ~ofessional. ti.,es~Q ~ upan
tl~e p-Y-
2.4 Comawa Area Usea. 'The tern "Coamioa ]lrea"
or "Coawwn Areas",.aa used herein, and the easements granted
therefore shall contessplate the following uses of such
laaedeati: ~
(a} The larking of pasaeagcr vehicles,
excluding coamerciai t:vcks, sad the peckatrian
sad vehicular traffic lupus areas designated sad
commonly used for such purposes) of all persons
wtaa sow own, hold or hereafter axn or hold,
portions of real property withla the Prcperty,
or any leasehold estate createzk therein; ur any
other interest therein;,aad the respective
hairs, successors, assigns, grantees, laort-
gtagees, ttrnants or-subtenaats thereof; sad the
officers, directors, concessioa8ires, agents,
employsea, customers, •isitors apd other Ii-
ceasess earl inviteeR of env of them.
(b) The ingress and egrreas (over arena
commonly used and designated for suet purposes)
of any of the above-designated persons and the
paeaeager vehicles thereof to and frog any
portion of the Common hrea and the public
streets ad}ac~st to the Cosuoon Area.
(c) The installation, maintenance and
operation within t3~e confines of tt~e Gammon Area
of public utility services servirq tht Property,
including without limitation drainage
facilities, vaults, manholes, meters, pipelines,
valves, hS~draats, sprinkler controls, conduits
and relwted facilities and sewage Eacilities,
all of"which (except hgtiirants) shall, wherever
reasonably feasible, be even with ar below the
level of any surface te~+ravements; my poles or
other abovr-surface installations ah:ll be
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Eocated so that there sha12 be unimpeded access
for vehicles end trucks to and from the loading
areas of say building sow or hereafter erected
oa the Property, and all croaearas and pole
racks and the like attacleed there~o shall
provide adequate clearance for a1L pedeatrirns
sad veleicies.' . _-~ - -- ---"`--
Any additional, or changes to, above surface
improvements within the Restricted Area which
xould nu~terially affect traffic flaw or decrease
the amber of parking spaces shall be subject to
ttee prior approval of the Oeteeer and Major user
of flea TRO Parcel, which shall root be unreaaon-
eibiy xitltheld. lfo such improvements shall be
scads to the TRtf Parcel xithout the consent of
the oereeer and 34ajor Uaer thereof, in their
sole discretion_
(d) The morement of pedtatriana and
passenger vei~iclas {within ar+aa commonly used
and designated for ouch purports} between
s~ercantile, bsaesiaesr and professional estab-
lishments, and occupants thereof, located or
to be located within the Property.
{e) The installation sad saintenance of
such facilities for the comfort and convenience
of eurtosesrs, visitors, invitees, licensees, ani
patroaa of isarcantile, business sad profeaaioaal
esta}slishmenta, and occupants tlaareof, loc:tad
or to ba located upon the Property rr any por-
tion thereof {as, far ezamepis, mail hexes,
public teleghoaes, newspapers dispensers,
bsac}aes) as the Camera sway from time to time
deem appropriate. ~
]!ny additional, or changes to, above surface
i..~:_c-e'er-tents within the Restricted Brea which
~rouid materially affect traffic flow or decrease
the number of parking spaces sh:il be subject to
the prior approval of the 6wner and t'tajor User
of the T!{U Parcel, which shall not be vrireason-
ably withheld_ Rio such improvements shall be
made to the TRU Parcel without the consent of
the Owner and lEajor User hereof, i their
sole discretion_
{f) Tt,:s rartstruction, maintenance, repair,
replacement; rearrangeesent and reconstruction of
parking sites or stalls, priva~e streets, side-
walks, malls, reaps, driveways, lance, curbs,
getters, traffic control areas, signals, traffic
islands, traffic sad parking lighting ~aciiities
(aubje.-_t to appropriate governmental approval)
and sign pylons !with a~cpropriate underground
electrical connectioees}, as the Architectural
Control Committee may approve in vritinq at
locations also approved in writing by the
Architectural Control Coasaittee.~ -
Any zdditional, or changes to, above surface
improvements within the Restricted Area which
would materially affect traffic flrn.+ or decrease
the n:embAr of parking spaces shall be sub3ert to
the prior approval of the Omer and Major user
of the TRE3 Parcel, which shall not be unreason-
ably withheld. Rio sqc*. improvements shall be
made to tte TRC~ Parcel without the consent of
the Owner and r5ajor L'ser thereof , ir. their
soJ.e discretion.
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(q) The construction, maintenance, repair,
replacement and reconstruction ~f any land-
scaping auterial or any wall of landscaper! area,
including planters, planting boxes, edgezs and
dacorativa walls, all as suy be req~,tirsd by
appropriate governmental authority or as may be
datemed desirable by the Architectural Control
Coarmittel. - -"--
Any additional, or changes to. above surface
impraves~ent..^ within the Restricted Area which
wall siste[fally affect traffic floe or decrease
the neaober of perking spneea shall ba subject to E~ ,
the prior approval of the Owner and i~la jor tiger z..:..
of the TAU Parcel, which shall not be unreason- {
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a#ly withheld. No sash iriprove;aents shall be .
elude to the TRU Parcel without the consent of
the Owner and Major User thereof, in their
sole discretion.
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(h) The ingraaa and egreaa (aver araaa ;4
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commonly used and designated for ouch purposes) :~:
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of delivery and service trucks and vehicles to _
and from the Property or any portion thereof and
the public streets adjacent to the Property, for E
the delivery of goods, zrares, merchandise and -.
the r+andition of services to all persons who now
owe, hold, or hereafter oirn or hold portions of t~~:
the Property, or any lsasehold astute or any :.~~'
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other interest therein, and the respective ~ r-_.:',;
heirs, auccesaors, grantees, tenants, or sub-
tenants thereof; and the officers, directors, ;_`~:`~:
coacessioaairea, agents, employees and ii.eaaees t.: ~:
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of any of them_ .
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(iy The temporary parking or atandiaq of
trucks, trsctora, trailers. and other delivery
vehicles used in conjunction with the exerciaa
of any of r1:e matters described in paragrtph (h) .-
immediatel~ above, provided that such temporary ,;.:.:
standing or garking does not unre:sona223y -
iaterfera with other uses of the Common Areas, .. ~ ~-
as herein set forth and provided that such ~'
parking or standing is limited to arsas_
indcicated on the Site Plan or approved by the Owner - '"
aiad Ftajor User of the TRU Paroel if Ioeated within the .-
Aestrict€d Area, which approval shall not be
unreasonably xithheld if not located on the
2RU Par•~el.
{j) The parking of vehicles of employees
of any business located on the Froperty, such
use lasing subject to the provisions of Paragraph
4.5 hez-einafter set fort8_ J~.
{k) Inatallatian, removal, repair, re- ~,;
placement, and maintenance of building canopies ..
over pedcatrian sidewalks together with canopy
suppazt coluara upon and over such sidewalks and -
other portions of the Common Area,E
Any additional, or cha~iges to, above surface
improvements within the Restricted Area v:,ich
would materially affect traffic flaw or decrease
the number of parking spaces shall be subject to
the prior approval of tiie Owner and liajor User
of tl-e T7lU parcel, which shall not be unreasan-
t-bly withheld. No such improvements shah be
made to the TRU Parcel without t~:e consent of
the Ownez and Major User thereof, in their
sole discretion.
-9-
~. ~. 5658 ~~*~iS~i
(1- gueZe advtrtisinq or identification
signs of buildup occupants as say be dasiGe:d to
be attachtd to or a-ountad upon such canopies or
ot2eerwi~ tioSitite:d upon a building xithu the
property, provided such signs shall not extend
above t]tt rooSliats, and provided such signs
roved by tht Architectural Control
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Co~aittee, ii raquirtd under Section 3.1. .
(ee) The insta.llatian, rtaioval, rtpiace- ~ ~ -
~
lrrxt, repair, use sad aaiattnaace of host bibbs, -
stsndpipe~, fits host conatctions, doxnspouts,
,
yard or floodlights- or subsurface building ~~
:
faemdatioas, et. any tins situated upon nay _ ~
portion of the Property- '=~:.
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(n) Provided it would not praveset a r.a ~~
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soaablt floc of vehicular traffic and service ~
to ether i~uildiags, the conetn:ctioa, repair,
`
roconstructiaa, and operation of a rau:l end
loading dock ad jaeant and appurtwnant to t+'ee '°:
~
batildinq within the Property which it i^ to 6Yrv2ce ~ ;~~
Aay additional, or changes to, above surface
iwpraveeDeaGs rithia the Restricted Area which
would waterial2y affect traffic flow of decrease
tba rwwber of parking spaces shall be sutiject to
tht Prior approval of the Owner sad Ma~oz Usez
of the TAO Parctl, xhich shall not be unreason-
ably withheld. !QO such iptprovemettts shall be
lade to the TRU parcel without the consort of
flee O~aa'ier sad Major user thereof, iz~ their
sale discretion.
{off Provided it xvuld not prevent a z+ea- #=''
aonable flour of vehicular traffic, and subject ' ~_~
to the mviaians Of Paragr %-- ~`-
i~eclaratfon, tY~3 construction, repair, Teton- ~,..,
atruction, sad optrstion of trash roo~rts~ and/or '~-~ -
trash bias adjacent to lice building within the : "-~-
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Property urhich fa to bt aerv3ced- therreby~, .
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flay additicuial, ar changes to, above surface - ~
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~.eprov~ameats within tx4 Restricted Area which .
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woe:id wateriallp affect traffic flow or decrease ~
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flee nawbor.oi parking spaces shall be subject to ?=---
the prior approval of the Owner and Major User ~°
of the SRO Parcel, which shalt not be uniea8on- '-:-•
ably withtield. Ra such i~rovements shall ba i:=--:
wade to the'2R0 Parcel without the consent o~ Y..
tine Omer and Major User thereof, in their
sole discretion. .
(pl The opening thereunto of doors of a ~= ;
contiguous build;nq which optn outward.
-.
(Qr The taeeporiry erectiDA of ladders,
scaffolding and 6tar! front barricades during --
periods at ccaatruction, rataodalinq or repair of
buildings sad building appurtenances, upon tht e
condition, havtver, that such construction, -
reaiodeliag ar repair is diligeatlp ptrforaeed and
such ladders, scaffolding and barricades there- -.
upon art prowptly removed and provided each ite~as
are not utifited during the eooAths of October,
Rovemb-r or December Within the Restricted Area
or the areas outlined in brawn and pink on the Site Plaa
10
so loiq as TR11 or its subsidiary or affiliate
is the Owner or Major User of TRU Parcel.
All the uses permitted within the Common Area
al~all be weed with reason and judgment so as not to interfere
with the primary use of said Coeaeoa Area, which is to provide
parking and access to the buildings upon the Property for the
custaanrs, Patrons and invitees of those businesses conducted
withiA the Property. No use of the Coffin Arts shall
unreasonably interfere xith the business activities of any Uwner or
!!afar vser_
2.5 Easement for Maintenance. The eaee:nent
hereinafter established shall run far the period of duration of
this Declaration anti shall be appurtenant to a,nd for the bene-
fit of each a~ et~erY portion of the Property. An easement is
lsereby established enc•.wberinrf the Comsoh Area in favor of Laos
sad the ArchiLCtural Control Committee, and thrir represen-
tatives, agents, employees, successors ant essigas, for access
to exercise ant perform the powers and duties granted and
designated under the testa of this Declaration.
2.6 Cammerciai Tsycka, Trailers: CaRpera and
BO:ta. Ei0 trllCks or~coamerical vehicles, caatoers, recreational
vehicles; mobile bases, motor hones, boats, house trailers,
boat trailers, or trailers of every other description shall be
permitted to be parisad for any aubstanial length of time or to
ba ati~retd at say place on the Property unless parked or stored
within garages cr other enclosures approved by the Architectual
Control Committee xhereby such vehicles cannot bs: seen from
within or without the Property. This prohibitiaa against park-
inq and -bsiorinq may be waived in xriting by the ,lrchitectural
Control Cosmittee if approved in"writing by the Omar or l:ajor
User of the TRD Parcel if located xithin the Restricted -
i-raia '. ~ and is any event shall sot apply to temporary
ptrnung of trucks and commercial vehicles (such as for pick-up,
delivery and other commercial aervicea), or to ~ehiclea parked
vn a construction site, grovided such construction has been
approved in xriting by the Architectural Control Committee and
approves in writing by the Oamer or Maior User of the TRU
Psrcel if located within the Restricted Area. _
2.7 Property to bo_iCept in Clean and Sanitary
Cassdition. The Property at all times shall be kept clean an*i
frz-a from versin, pests, rubbish and any other nuisance. Na
trash or garbage of any kind shall be burned tpon the Property_
Ho garbage, reft.ae or rubbish shall 6e deposited or kept on the
Propertyr except in a suitable container. All equipment for the
^torage ar disposal of ruck material shall ba kept in a clean
sad sanitary canditioa. Containers shall be placed in an
uadergrouad receptacle, or shall be reasonably shielded by
feacinq approved by the Architectural Contrel Committee ao
that tJ~e container is not visible to the public, or shall be
approved in location and design by the Architectur:l Control
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Coetat:ttee. The Property at all times shall be leapt in a clean,
. safe end sanitary condition in accordance with all requirement
or requlatlona frog tiros to time of the City of Clearwater
and; or Pinellas County, Florida, hr any other governmental
authority having jurisdiction. ?ate general provisions of this
. cownaut shall be interpreted as consistent with and not in
derogation of the provisions oI paragraph 4.5 of this Declara-
tion.
2.A Moise Lf tend Other Eaiaaions. Each
!!aloe User agrrses sw4: to use or allow the use of any media in
aap.per*!ort of tAe Property that shall be deemed objectionable
to.Lans or other tEajvr Users, such as loudspeakers, flashing
li4Yt:a, phonographs or radio broadcasts used in a taanner to be
heard outside any Occupied Area and no sales, entertainment,
atadteeraent or promotional activity shall be permitted xithin the
C33ascn Area without the xritten conaenr of the Owner and Major
iSs~tr of the I'RU Parcel,xithin ttte Restricted Area.
Ho Major User shall permit tae emission of odors
from suc2t !sajor User's Occupied Area.
2.8 !la;or User to Coaply xittt Aequlations.
iihenever a Major Vaer ar tht employees, tenants, o: subtenants
of ax:l- Major User perform or arrange for the performance of anp
vork on ar about such Major Uaer'a Occupied Area, all auah work
shall bE in accordance with the laxa of the State of Floriria
aa3 all directions and raquiationa of any govertvnerital agencies
having jurisdiction and shall be subject to flee approv:l of the
Architectural Control Coamittee if required under Article III
hereof sad sot ba carried as in the iaonths of October, Hoveaber
and December xithaut the consent of the Owner and Major "•avr at
tht TEED Parcel (if they or an affiliated or relate4 entity is
the Omer or Major Uaer of the TRU Parcel) if within the area
outiinsd in , g• ,ink act ttte Site Plan. Each Major User shall comply
xith ell tequiremerita of Iax Sa effect frnm tine to tine
relating to the Property or such Major User's use t_-tereof.
2.10 Building and Gomnon Area Restrictions.
do building shall be Constructed xithia the Restricted Area other
than as indicated on th., Site Plan. No bail3ing shall be constructed
in excess of one story (nat exceeding 18 feet in heinht+F :+i thin the
area outlined in red an Exhibit 8. No buildings shall be constructed
xithin tbt area outlined in brawn on Exhibit S in excess of 27,075
square.fzet of floor area and such area shall contain at least as
many parking spaces as ere indicated on Exhibit H within such area.
~!@En~O, cortstrnction sha~ll~~be Qerformed in s ch lea" of ~~
~`°~~i~~~dv~t~ ~~ ttte mocEths.~or,~t~lpr~r, ~r a~~.
decrease thesno~nbe~ofaparlcingjspacesRortmateraallyaaffert ~e13
parking Layout or traffic pattern without the approval of the Owner
and 1'[ajor E'ser of the TRU Parcel, which approval shall not be
unreasonably withheld.
IIi. ARCAZTECT[JRAL GOtiTROL.
3.1 Prior S•.tbmission of Plans. *!o building,
s+all, pavetaettt or other structt:re or improvement of any nature shall
be erecter or placed in the Property ar materially changed in its
exterior appearance until a set of construction plans and
specifications and a plan showing the
•F,xcludinq air conditionin3 unit.
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location of the improvsesent sad a )andaeapinq plan therefor
hwe i~en apprrovsd in wr3titlg' bp~ trrr nrc:ri tectierat Cbntro!
i+o>Dnittea which approval shall not be anreasoranI'y~
withheld. Each building, wall, pavesaent, or other structure
or :.mpravem~ent of any nature at-d tt-e landscaping upon the
Pra~perty shall be erected or placed upon the Property or
a+atc:ialiy altered in -its exterior appearance only in
accordaaca with the glans
seed specifieations sad plot plan ao approved.. Any material
change in the exterior appearance of azy building, wall, pave-
ment, other structure or iapravsaant, say m:tarsal change in
the existing ground slsvation, and say eaateriai change in the
a~srance of the iandscapiaq eha11 be deemed ar alteration
requizing approval_ Any change which affects only the interior
apperarance or ets~ucture of a bvilding and shall not have any
effsct autsid! of an occupied Area shall not be deemtd an
alteration requiring approval_ Ia the event the Architectural
Control Cosoaeittse shall fail to approve or disapprove a gro-
pased ><iteration, or any other matter requiring approvak hcrs-
t2s:dcr, within thirty (33) days after receipt of plans and
apecificatioas sufficient t~ demonstrate the characteC and the
Sapad of the propoand alteration or other matter, then such
progossd alteration or other matter shall be deesaed to have
bees approved by the Caermeittee. Ti-e Architectural Control
Com~eittee shall have the po-+er to promulgate reasonable rules
and raqulatiaas necessary to carry out the pruvisians and
itttsnt of this paragraph. The Committee easy designate a repre-
sentative to act for the Committee. Neither the Cosuaittee, nor
its daaignatsd representative, shall ba cuts*_led to any eoenpen-
sation far services performed pursuant to this Declaration.
The Architectural Control Committee shall sxercise all rights
and powsra gra:,ted to the Committee hereunder until a written
ateu:edmeat to this Declaration signed on behalf of Lane 1s
recorded in the Public Records of Pincllaa County, Florida.
indicating that (a) suc:e rights an3 powers have beta assigned
to say person or persons that Lases, is its sole diacretian, may
choose Lo succerd to sorb rights awd powers, ar (b} Lstee has
surrendered its rights and powers hereunder sad that the Archi-
tectural Control Cosmaittce is abolished. If the Mrchitectural
ontrol Caroenittee is abolished as aforesaid, any ter.7ns
of ti:ia Declaration which expressly relate to the Committee
shall be randsred roil and void, but all other terms sad. provi-
siona of tlsis Declaration shall retain full force and ef.°ect.
lioiiith¢ttnding say other term or provision hereof, in no event
shall any permanent building bs constructed xithin the follow-
ing described area: 50 feet north of the mast northern exterior
wail of true "Red Lobster Restaurant," as hereinafter defined;
75 feat vest of the moat xestern exterior wall of the said "Red
Labater Restaurant" and 200 feet south ox the cost aouthern~
exterior wall of the said "Red Lobster Restaurant." For pur-
poeer of the preceding sentence, it is assumed that 41.5. Eligh-
xay 19 tuna apzth and south, ti-.at thew e~oat northern wa21 of the
said "Aed Lobster Raataurtuet" is perpendicular to said LI.S.
Hi,~avay lg, and that the term "Red Lobster Restaurant" refers
to the building to be constructed by General Mills Reataurar_t
Group, inc. open a portion of the Property purchased by acid
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"~Y:~
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corporation o~ or about May 28, 1982. No building or other
above surfaces improvement shall be constructi+d within the
Rrstricted Aria without the consent of thci Owner or Najor
Oser of the TRU Parcel.
3.2 Liabilit of Lace and Architectural Control
Comsiittw. NeitnFr e, tae Arc tactura Contro ttee,
representatives azd successors, shell be liable in
damages far actions taken is good Paith, to anyone
stsbsiittinq plans for approval or to any Owner
or !lajor User by reason of mistake in judgment, negligence or
nos-feaaance a« Lane, the Committee, its members, agents or
smgloyees, ariaiag out of or in connection v~ith the approval or
disapproval or failure to approve any plans, or the failure of
wch playa to confona to appllcabls lava, ordinances, codas and
regulations. Anyone suk+mltting plans to the Architectural Con-
Lrol Comsittee far aporovel, by ~ct:e svbasltting of such plans;
end any owner or Maier Jeer by acquiring an interest in cry
portioa~of the Property, agrees that such person shall not
bring any action or c1aiA for any such damages against Lane,
We Architectural Control Coaamittse, or their agents, employ-
ees, successors and assigns,
3.3 Exterior Appearances and Landscaping. 'The
paint, coating, stain and other exterior finishing colors,
aiding, stucco sad other exterior finishes oa ail strutturea
within the Property stoat be approved by the Architectural
Control Committee before initial installation, but may be
maintained as that originally installed .without prior approval
of the Architectural Control Committee. Prior written approval
of the Architectural Control Couunittee shall be ntczssary be-
fore any such exterior finishing color or finish is materially
cbaaged by any person or entity other than Lane. The lar~d-
acaping, including without limitation, the trees, shrubs,
latms, !loser beds, i+al.kvays and ground elevations, shall ba
a~+r~ove3 prior to iastaliation by the Architectural Control
Committee and shall be maintained as originally installed,
unless the prior approval for any changes proposed by any
person rr entity other than Lane 1s obtained from the Archi-
tectural Control^.ommittee which approval shall not be un-
reasonably vit_hbeid. Aluminum foil shall not be placed on
windows or glass doors. No visible antenna of any kind shall
be psrmitted on the Property or upon any improvement tbtreoa,
unless tine Architectural Control Committee approves such
antenna in xriting, which approval shall not b~ unreasonably
withheld_ The 1rchitectural .:.ontrol Committee shall have the
power to promulgate reasonable, non-discriminatory rule anti
regulations, which do not impose auditions! fees au any fTrner
or Major .User, to the extent necessary to carry
out the provisions and intent of this paragraph.
3.4 :.are a-td AppsaranCe of Yro erYy. The
structures ani grounds vitain the Property also!! be mainttin~d
in a neat and attractive canner by the Owner_ or Major UFer.
Upon any o-.mer's or Hajor User's failure to maintain t3sc
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es:cerior of any structure on each O+mer's portion of the
Property or to ataintain the grouada and other 1 rovrteenis
within such Owner's portion of the Property, th~Architectxsr:l
Control Comsittae, at its option. after giving tho defaulting
Ovncr twenty (ZO) days written notice and opportunity to cure
the default, say make repairs and is~prove the epgearance of
such Owner's portion of the Property in a reasonable and work- _,.
aintliks Banner unless such failure could not be cured srithfn
such tteestty (2Q) days period sad Owner has cammenced•. to so care '
within such period and thes~eafoer diligently pd0oeads adth such cure do
o~Q1,sdQn. The Owner of such portion of
ttte.Proparty shall reimburse :he Architectural Control Commit- '
Lee for any work above required, and to secure such reimburae-
ment, the A rchitectural Control Cosssit'tee shall have a lieu
upon such portioa of *.he property ~nforcesbta as heroin pro- -
aided. Upon performing the Work herein provided, ti~.s A rchi- •
tectural Control Committee shell be entitled to till in the
P:zhlic Records of Pinellas County, Florida, a notice of its -
claist of Ifen by virtae of this contract xith the Owner. Said
notice ehali state the cost of said work and shall contain a
dsscr`+pt7.ou of that pcrtioa of the Property aq:lost which the
eafarcestert of the lien Ss sought. The lien herein provided -
for shall date frog eke time that the"work is completed, b:~t
shall not be binding against creditors, or subsequent pur-
chsssrs for a valuable consideration arsd Mithout notico, until
said notice is recorded: and shall be s:=hordinate t0 any •
mortgage recorded prior to the recording of such notice. The ~ j -:
lies herein. provided for shall be~due and payable faa~thwith ~'
upon the c:ampletion of the wrk and ii• net gal-d, aaLd lien
may be enforced by foreclosure in the same manner as a Aortgage. The
amount duo and secure3 By said lien ahaii bear interest from
the date of recor3iaq said notice of lien at the highest rate
permitted by Florida lax, an6 in any action to enforce payment -
the Architectural Cancrol Committee s?sali be Entitled to re-
~ovar costs and attorney's fees. The lien herein gravided for
shall Da csubordiaate [e the lien of any mortgage encsmberinq "f
.any portion of the Property, in favor of any inatituGional -
lsndt:r.or mortgage company; provided, haxever, that soy such .
mortgages whea'in possession and any purchaser at any fore-
closure sale, and all persons claitting by, through or under
such mortgagee or purchaser, shall hold title avbject to the ~.
ohligatians and liens herein provided.`
3.5 Telephone, Electric and Gas Underground -
5ervicea. Unless the Architectural Control Corouitue shall
o'.herxiae agree is writing, a13 ir,.provements on the Proper*.g '
must bt seaved underground by telephone, electric power and gas '"'
service, to the extent such services are provided.
3.6 Drainage_ ko charges in elevation of any ~:
portion of the Property shall be wade which xill cause undue
hardship to any adjoining portion of the Property 1n connectlan
with surface water drainage_ This paragraph to in a~:dition to
and not in iiaitation of the general_proviaiona of Paragraph
3.1 of this Oecleration regs:iring approval of the A:chitectural
Control Committee prior to a.~y changr_ in elevation.
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E. ~. 5658 e~ 163?
3.7 Fences. No fence shall be installed upon
the property vnlsss sad until a plan showing the location,
type, sateriala and colors of the proposed fencing shall love
been approved is y~ritinQ by t'3ia Architectural Oontrol Comsit-
tN.
3.8 Sig_.- No sign of say kind or sign pylon
shall be erected, placed, taaintained, or materially altered, in
s samier which would safari:lly affrct its exterior appearance,
titithout the consent of the Architectural Cloaror sigaierected,
Piotvithatacxiinq the faragoiaq, any sign pY
plsced, saiataiaed, or altered oa any part of the Property
shs1l contain ao advertisement of nay business ertcrprise which
1s not an occuFant of soa+e portion of tht Property.
3.9 HAi t. Na building shall be erected or
maintai:fed oa any portior. of the Property, which building is
greater than thirty two (32) feet in height, unless than re-
atriction is specifically Waived in writing by the Architec-
tural Control Comaittee.
3_10 Approval Not Unreasonably Withheld.
1~erever hernia the approval of the Architectural Control
Coaueittae is required, such approval shall not be unreasonably
yithheld.
Z V . COMlSON AREAS
4.1 Coae#on Area Im]rrovemsnta_ Prior Lo the
occupancy of nay building ~esrecteal upon any portion of_ the Prop-
erty, alI portiarus of the Common Area adjacent to such building
acd included within that portion of the Property leased or
ownsd by the Major Uaer of the real property ia-Froved by such
building, shall be improved by such Major User in accarda~:e
tirith plans approved pursuant to the terms of Paragraph 3.1
hereof, i.acludiag without .limitation s:zch improvements es
sidewslka, landscaping and pavement for parkir_q and service.
During the course of constzuction, alteration or improve~uent
of any building which may( ~~ or hereafter be constructed upon the
Property, portions of the Common Area immediately adjacent to
such building may be used by the Major Uaer thereof far the
taa~Iwra~-y storage of construction materials and equip.~eeat used
and to be usesd in connection therewith, provided that such use
thereof does not unreasonably in=erSere with the nonaai use of
the Cowman Area. No 5uilding, fence, wall, he3ge or barricade
shall be erected ar maintained upon the Comr..on Area, e:xceut in
accarc:ance with the terms of this Declaration; provided,
however, that temgurary construction fancinq may be erected
upon Lye Conanon AreR daring construction or rrmodellr+_i1, since
it is the intention of the parties berets in astablishiny this
covepant that tae movement of pedeftrisns sad vehicles betreen
tT,e mercantile, business and prafesaionai establishsKenta
located and to 5e located upon the Property and to sad from the
public streets shall not 5e unreasonably impadcd and na such
construction or barricades in_cUnnectiun therewith shall be
P=rsiitted in the area outlined in brown daring the months
of October, November sad December. The_improvomer_t aadjor
use of any portion of the Property for parking or
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service shall net be construed as a temporary or permanent
inclusion thereof within the Cotmaor. Area, ss herein defined,
and tuck poztiont aay at any tine thereafter be improved with
buildings and appurtenances as herein contemplated. Notwith-
ttaading aay other provision contained herein; Lane shall not
be entitled to aaterially alter aay portion of the Cotetnton Area
which has Daea improved is accordance with this Paragraph 4.1
sad which is included within any portion of the Property owned
by levy Mlajox IIser other thaw Lane, unless Lane shall h:n first
obtained the written consent of such F[ajor User to such teate-
rial altsration.
4_2 Common Area Maintenance and Insurance. As
stated ist Section 3_4, each owner shall be responsible for the
tpaiateaance and regain of that por*ion of the Property owned by
such owner, except that all retention ponds within the Property
shall be maintained ar caused to be tt-a'.tataiuad )sy Lane, its
successors and asaigra. Fn no event rhall Lase be liable in
damage• or athcrwise as a result of this okliga:ton for main-
teaanee unless caused Dy grace negligence en tht part of Lane.
Each own+rir shall aaintain general public liability insurance
aQsitsst claims for personal injury, death or groperLy daaags
occurring in, upon. or shout the portion of the Property owned
by arch Owner, and each Owner sh~ail indemnify and hold htrmlasa
Lane (rota any end all claims, costs and expenses xhataosvsr
arising nut of any injury or damage occurring within. the por-
tion of t3-e Property oti-ned by such Owner, cue t:o say cause
other than gross negligence on the part of :.one, including
without IitaitYtion attorney's fees and costs incurred by Lane
in defending ltaatt against such claims or in sstablishinrj its
rights= to indemnity hereunder .
4.3 Pond Area Char a for Retention bond. Each
E4ajaz User stta.ll be response a or is groport Dante share
of the Poad Area Charge for the retention pond located
ttorthwast of the T8f7 Parcel, which proportionate share slsall
be an ataount equal to the total Po_°td Area Charge multiplied
by a fraction:
(ii The numerator-of which shall be the
total square footage xithin the occupied Area
£or such t~fajor User, multiplied bf the number
of Occupancy Days of the Major L'ser for the
year; and
(ill The denominator of which shall be~
t5e total square footage of floor area within
buildings which are permitted to be befit on
the TRU Parcel and that portion of says Property
Lying northwest of the TRIG Parcel, multiplied
by Three Hundred and Sixty-Pews (365).
For purpasaa of deteraucinq any !Enjoy User's proportionate
share of Pond 'Area Charge, any changes fn :ha square footage
of such I4ajor User's Occupied Area, ar any chacsge is tht total
square foatags of Building Area vithi.n the Property, shall be
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effecti:-~ on tha first day of the next succeeding month fallow-
inq such change. From tine to tune, but no sore frequently
than swathly, Lane shall compute the actual fatal Pond Area
Charge sccrusd since t31a last billing date, aAd shall bill
each lEajor vssr for its proportionate share of such Pond Are:
Charge, and each Major User shall pay Co Lane its proportionate
share within thirty {30) days of Lane's billing therefor. The
proviaioxui v£ tlxia paragraph shall survive the ternfnation of
this Declaratioa_
4.4 Deiiagueat Pa-~¢Snts. If any assessment
requirsd undr_ the pracedinq par:graph is sot paid when due,
the eaa~e shall be deemed delinquent, sad the amount thereof
shall bear interest tlieraafter at the highest rate allowed by
Florida law until paid. Lane f a hereby irrevocably authcrizec3
sad empowered to prac$ed in the everk of any such default to
collect such delinquent assessment, together with interest
tberaon, and together with any recording fees, titlo costa,
court coats and attoraey`a €eea, all of Which shall be secured
by a lien aclainat that portion of the Property owned by the
defw~lltinq Owner. Said lien shall be effective upon filing a
notice of the lies 1a tha Public Records of Pinellas County,
€lorida, which notj.ce shall state the ttapaid amount of the
individual assessment, a descrfptioa of that portion of the
Property to +rhich the claisE of lisc~ relate., and the name of
the defiultinq Owner. Such lien shall be prior to an}' other
lira or claiie acquired of record subsequent to the ti~ae of
eatabliahinq such lien, and auy be enforced and foraclosed in a
suit ar :coon brought by Laac in :ay court of competent
jurisdiction fa the same aianaar as a~mortgage. Such lien shall,
notwithstanding the foregoing, be subordicate to the lien or
charge flf say mortgage, deed of trust or other encumbrance
recorded prior to tine recordation of t1e notice of Tien.
4.5 Poxes to Regv:c~te Go:mnan Area. Lane, with
the canxnt of the i~Sajor Users.{including Lane) of a majority
of the squs:e fact of tba Buildisiq Ares, •tQay at anytime and
from time to time proffiulgate reasonable and rya-discriazinatary
riles asx3 reguiati.ons for the use of the Common pres.
1Po#.iaititstasuiing air other tern! or proTision f~ereof, no changes
or additional improvements to the Coau~on Areas shall be
permitted which wonlil adversely affect the TRU
Parcel sad no rules and regulations shall be adcsptcd which
would impose additional charges or fees or eapenses upon the
Owner or Major User of the TRU t'arcel without the
approval of sane. -
D. PSISCELLAHEOUS PROViSIOVS_
5.1 Parties Bound. Each and ell of the fore-
gaing covenants, cosu'ations and restrictions shall apply to
and bind the parties here*_o, ar~i each and all of the Owners
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sad each and alI of their respective heirs, succeaaars,
traaafer.~es, assigns, granters, mortgagees, tenants, and
subt~ants; and tde same and each of thou are hereby iaposad
pursuant to a gsnsral play for the ieprovement and use of the
Property and are designed for the mutual benefit of said
Owners, tenants, subtenants, and occupants of any and all
portioaa thereof; and the same shall obligate, inure to, and
pass with each sad every portion thereof, and shall remain in
force p=ad effect as hereinafter provided. Breach of any of
t3aa covansnt,e ar restrictions cantsinsd in this Daciarstion
stall.not defeat or render invalid the lien of any mortgage
or deed of trust asda in good fait2s and for value as to the
Braperty or anp part thereof; but s12 of the fozrgoin4 Pro-
visions, restrictions and covenants shall be binding Arad
affective against any Mayor user and/or any Owner xhoee title
thereto is acquired by forecloacxra, trustee's sale, or other-
viae.
5.2 Covenants to Run 4tiLh Land. 1111 of the
provisions of this Declaration ai~all be covenants running xith
the land pursuant to applicable lax_ It is expr•:aaly agreed
that each covenant to do or refrain from doing some act on the ~-
Property as Lha covenantor:
(a) is for the benefit of the land of the
covvenantee;
(b) runs with both the land o~+ned by *~e
covenantor and the land ow~eed 5y the covenantee;
and
(c) shall benefit and be binding upon each
svcceaaive owner dyrinq his oxnership of any
portion of the Property sad each peraGn having
say interest therein derived tl:roigh any Owner.
5.3 Duration. The covenants contained in this
Declaration shall continue in perpetuity; provided, howover,
that the same say be terminated by the unani~saue written
agreenrnt a: all Owners and all Major Vsers.
5.4 Severabiiity_ Invalidation o: any asQ of
the ~ovena.~ta, conditions, restrictions, or other arocisions
herein contained by judgment or court order shad in no-vsy
affect any of the other covenants, conditions, restrictions ar
provisiatia hereof, and the same aha12 remain in full force and
effect .
5.5 Enforcement. T31is Declaration shall create
privity of contract and estate with and among alI grantees of
all or say part of the Property, a7d *heir respective heirs,
executors, administrators, auccesaars, transferees and assigns.
Ia the event of a breach or attesptec3~or threatened breach by
say I4ajor Qser of any +~f the terms, covenants, and conditions
hireaf, env one ar more yr all of the (~,rlers or t:a7or ilser~
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shall be entitled forthxith to full and adequate relief from
ties eotesegceences of such breach, by iajeuection and all other
available legal sad equitable reenediea. Ttee rea~edfes of aaY
oese or sore or all Owners specified herein shall be cumulative
as to each and as to all. -
5.6 Condemnation. Ia the-event of condemnation
{including xithout limitation a voluntary sale or transfer to
any condemnor, either under threat of condemnation or while
legal proceedings for condeaueation are proceeding) by any duly
constituted authority for a public or quasi-public use of all
or say part of the Prope=ty, that portion of the award at-
tributable to the value of any land and improvements xithin the
Common Area sv taken shall be payable only to the Owner thereof -,.
and ao claim thereon shall be wade by any other owners; pm-
vided, however, all other dwners may File collateral claims
with the condemning authority over and above flee value of the
land so taken; grovided further, hoxever, that the Owner of ±he
portion of the Common Area so condemned shall procaptly repair
aru! restore the remaining portion of the .:ommon Area owed by
e~uch Owner as neat as practicable to the condition of saeae
immediately prior to such condemnation. rio other Omer shall ~
be•required to aa;ce any contribution For the cost of such
restoration_ '
5.7 Notice_ Aay notice required or pereaitted
under the terser hereof shall be in wrttir_g a.-ed shall t» deemed
given whe_~e personally delivered or when mails-ci by certified ar
registered mail, postage prepaid, return receipt requested,
addressed to any party other than Lane at such party's last
kaovn address, and addrtssed to Lang et 2280 U.S. Highway 14
North, Suite 228, Clearwater, Fioriaa 33515, or such other
address as may he designated froca time to time by an amendment
to this~Dsclaratioa executed by Lane.
5.6 Captioas_ The captions heeding the various
sec±loAS of this 13eciaratian sre for convenience and identifi-
cation only and shall not be deemed to litait or define the
cantenta of the respective sections.
5.4 Attorney's Fees. In the event that suit
is brought for the enforcement of this Declaration or as the
result of any alleged breach hereof, the prevai?.ing party or
parties to such suit shall be entitled to be paid reasonable
attorney's .fees, and any judgment or decree re-sdered shall
iaLlude an awzrd thereof.
5.10 Breach. It is expressly agreed tt•.at na
breach of this Declaration shall entitle any Owner to cancel,
reercind, or otherwise te:~ninate this Declaration, but sLCh
li~oitation shall not affect in any manner any other rights
which such Omer a~ay have hereunder by reason of any breast:
of this Declaratian.
5.10-A Esforceahilit Ii any term ar provision
hereof shall be invalid or unen~ aa61e under applicable taw as
to any person or circumstances, such shall not affect the validity
o= enfozceabflit}• of the remainder ai such provision or this
Declaratian. Ir. no avast shall Lane rave any liability Whatsoever
Lo any person or entity xhomsoever as a result of the Jxevaiidity
or unenfoiceahility of any part hereof in any manner whatsoever.
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5.11 ido Dedication. t~Eothing herein contained
shall be deemed to be a gift or dedication of any portion of
the Property to the Qenera2 public, or for the general public,
or for any F+ublic purpose whatsoever, it being the intention of
Lane that this Declaration shall be strictly limited to and for
the purposes herein expressed.
5.12 Dispute. Any controversy or claim aria-
inq out of or relating to this Declaration, except as otherwise
provided for herein. shall be settled by arbitration is accor-
dance with the Rules of the American Arbitration Association,
and 3udgment upon the award rendered by the arbitrator{$) eaag
be entered in say court having jurisdiction. Such arbitration
groceedingt shall be commenced by either Lane, a Major Usar or
Owner, by delivery of written notice to the opposing party and
to the Aaerican Arbitration Association requesting arbitration
an3 setting forth the nature of the dispate to be arbitrated_
5.13 Comreyancea 5uborclinate. All conveyances
of say portion of the Property subsecr.~ert to the recordation
hereof shall ba subject and subordinate to the ter¢s and provi-
sions hereof.
5.14 Amendment. Lane rereby reaer_ves the
right, for as long sa Lane shall be a Major User of any portion
of the Property, to amend this Declaration from tide to time by
recorded aa-enda-ent .executed solely by Lane ~ which .shall not
require the joinder of any other Owner or other person oz entity,
provided that such aaendment shall not unreasonably prejudice
the rights of any Owner or N.ajor User, and grovided each amendment
affects areas located outside of the TRU Parcel and the Restricted
Urea only, and provided that no change iaay be made Which would in
any Way affect the TRU Parcel or the operation thereof or the
rights or obligations of.the owner or Major Vser of the TBQ Parcel,
or the restrictions contained in paragragta 2.10, Without the prior
Written approval of the Owner and k":ajor User of the TRV Parcel
in their sole discretion. Any amendmen±
or aiodificati~on to cr of this Declaration, a:tecuted by Lane :utd
recorded aa. aforesaid shall da;.e back to March 19, 1881, the
date of recording the original Declaration described in the
preamble to this Declaration, shall in no way affect the pri-
oFity of this Declaration, and shall be binding upon and inure
to the benE~it of a~l persons who acquire any intec~est of
record, in the Property or any part thereof, from and after
March 19. 1961, being the effective date of said origj~nal
Declaration. From and after such time as Lane is no longer a
lKajor Vser of any portion of the Property, this Declaration may
be amended by an amendment executed and duly acknowledged by
seventy-five pssrcent {75x} of the then Major Users of thz
kroperty sad recorded in the Public Records of Pinellas County,
Florida; provided, Locrever, that so long as Lane is the atimer
and holder of any mortgage encumbering the Property or any part
thereof, no aisesxlment hereto s]~ali be effective vnLesa executed
by Lane, and provided such amendment affects areas located outside
of the TRU Parcel and the Restricted Area only, and provided that
no change say be made which would in any Tray affect the 'f'RU Parcel
or the operation thereof or the rights or obligations of the owner
or ?lajor seer of the TRU Parcel, or thQ restrictions contained in
paragraph 2.t0, witLout the prior Written approval of the Owner
and Major Geer of the 'PRV Parcel in their sole discretion. Exicept
as set forth above, all anpendaeents hereto shall be effective upon
the date of recordation and shall affect all Cwners and Najor
Users and each and every portion of the Property.
-21-
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33! 1tiTNESS I~i~REQF, this iwtrumeut is axocuted by
Last as of tt~ day aad year first abaw t~trittea.
CJlI~AN7, LTD. , a
Ka ~ 1#aited partnerst~i~ .
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TDe far inq natriment wa~s~le~gad More n4
Chia dty of ~/~~C1FI~t 2983. by dXE- ~- land as .
lSatsagiaq Dttteral Partner of TSE L75NE CO~1P LTD., a ii
ton Iitoited partnership. on brhalf of avid txsershig_
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The Ri~e^ ;o~tslned on the plait deaigi~atad as The Villayi
1lt Countryside, ~ awbdivisioq lying Zn sasrtions 30 anC 31,
lbvnsbip 28 south, ~4'e 16 East, Clearxater, Pinellar County,
- ~ - ~ Florfd:.
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Exhibit 'C"
TRU Farrel
6.1. ~~ PA6f 1~7 !'_..~
TTtuft portion of parcel 4r, the Yillage at Countryside ss
recorded is Plat Hook 86, pegs 6 Public Rscocds of Pinellas
Country, f'lori3a_ Mlora particularly described as follorasc
8egianinq at the Northeasterly corner cf Parcel S, the
Pillage at Cout~tryaide as recorded in Plat Book 86, pare 6
Public Records of 8inallas Country, Flarida; thence South-
iresteriy end Santtheasterly along the boundary of said parcel
-ay ttte follavinq fora calla 1) S.47t06'06"i~i., 280.00 feet; 2)
42t5s`54°`E., 162.35 fact; thence S,47fOb'05"K, 344.0$'Eeet to a
point on s curve; theca along the arc of acurve to the right,
radius li3.82 fast, arc 21.77 feet, cY,or.i bC.ib345`15W., 22.74
fast to a point of tangeney; thence K.11316'30"w, 82.81 feet to
a point of cares; thence along the arc of • curve to tilt left,
radius IS.00 feet, arc 26.44 Pest, chord N.61t4b'30'ii., 23.15
test to a point of tangency; thence S.57t43'30"i1., 29.70 feet;
thence N.42i53'S4'N., 137.00 feet; thence N.06tS3.'41"W., 59.58
feet; .thence N.24t05`38"w., 71.57 feet; thence No.4?t06'OS"E.,
288/Cest; thence ti.42t53'S4"k., ?5.01 feet; thence
1Q.4?t06'06"E., 250.00 feet to a point on the 14esteriy right-
of-t+ap line of [F.S. Sigmrey No. •19 (A 200' R/t~ij; thence
S.42tS3'S4"E. Alanq said line 268.04 feet to the paint of
beginning.
Containing 4.500 acres acre or lees_
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That area of the Property bounden by: (i} the north-
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Pssghetti's -Color Samples
26200 US Hwy 19
Clearwater, Florida
#1
By: BEHR
Golden Leaf
# IJL, 150-1
#3
BCP2007-12191
#2
By: BEHR
Retro Avocado
# UL 200-20
#4
By: BEHR By: BEHR
Spiced Plum Tibetan Orange
# UL 100-22 # UI, 120-19
~~~~~~~°~~'s ~~s~~~~~~~
NORTH ELEVATION
EAST ELEVATION
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WEST ELEVATION
SOUTH ELEVATION
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1. SffEAt:EMOE FfISi840 AND PROPOSED-88,3/280. FT. ROB PCRES)
2. ZOMNG: C'
9. IAND USE: COMMERCL1l GENERAL
4. BUILDWO APFA PROPOSED-10,eB33Q. Ff.
6. SETBAC89: REQUIRED: FRONT- 26 SIDE-18
PROPOSED: FRONT-9d.0 TO BULDING, 5A TO CW4IfYARD WALL,
B.BTTO COIRifVARG PATN).1].&' TO OUTDOOR GIFE PATIO
PROPOSED: SIDE- 20.8 TOIXIiDDOR CAFE PATq,11.0 TO WALL
8. MA%IAAIM BULLOING HFIGLff: ALLOWED-26 PROP09ED-26
]. FLOORAREA RAl10 (FARJ
MAXIMUM ALLOWED-0.55
PROPOSED 10,IT/R&t12-.120R 129L
8. IMPEIMOUS SURFACE MTq
MWBIIIM REQUIRED 85140E TOTALAPFA
E%1571N0 BUILDING AREA 8.88280. Fi.
PROPOSED BUILDING AREA t0,d]150. FT.
FXISIMM WAlI(WAYAREA 3,BN SQ. FT.
PROPOSED WAULWAVMEA 8,452 SD. Ff.
EJO6iN0 PAVEMENT AREAMW 50.839 S0. FT.
PROPOSED PAVEMENTAREA 98,818 SD. FT.
ISR Ebs11NG Bd,1pMBB,942 - D.n oR nx
16R PROPOSED W,BIQRB,3/2 - Ob10R W%
8. wiFI80R LNNSCAPIIIG
MINIMUM REWIRED 10%OF VFHICUTAA USE AREA
VE111CWAUSE AREA 38,81850. Ff.
PEWBiED BlIERIOR UNOSGIPE APFA 9,885 SO. Ff.
Pi10PO8ED INIERgR UNDSGWE AREA 15BD 50. Ff.
MINMUM OJIERIOR 191MlD EQUPLIOOR OREAIER 7HPN 1&1 SO. FT.
10. PMpNG REWIREMENIS
15 SPACES PER 1000 S0. R. OF BUBDWO AREA
PROPOSED: 10.88:V7000x 16 - t805PACE5 (INIXi1DE58 MC SPACES)
B] SPACER PROVIDED ON SDE WIiH ]3 PROVIDED UNDFASFIAfiED
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d. macartney Wilson a.i.a.
archftect 8 associates, p.a. LIC. N0. AACOOt481 STATE OF R~I~A
RESLSTEREDAR;kViTECT
LIG N~. ARQ~96>~
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~ U~ a P55GHETTI'S RESTAURANT ~ '$t5"""°""``"''"'°"'""'°"'"'"~
26200 US HIGHWAY 19 N., GLEARWATER, FL 33761 ~. ~ e ~ 6 ~ ~n'=~e-~:oo ~" m-a~s+tt~
C. M4CARfNEY WILS~V AZ'HITELT RESERVES -15 :1A1'ICM LAW LORYRIGhT VJD OTHER P~O~IY kISHTS IN THESE BANS ANC CON'S THEY SHALL NO" BE UEID LR REFkODULFJ WITH.'J,T MI5 FERMI551CN
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30i FELT DRY-IN ON ~y (4`~ RY'CD%' P YW.^./A
CEHEVTITIOJS ~AkGE (CAT - THICKNE~ TO EE %' THICK a£k
FRAMING - j'E THICK GVER MP.cGfJRY. F4RaE C04T RnIGi-IE` IN
AccamAN~ wITH'ASm <E• ~OI.IREt~ElVTS
LEGGR<TIVE STOt~ ~ENE:R - INSTALLATION TC EE IN
ACCIX~ANCE WITH 7405.E FEC
ALL 901(5 / rETER~ / W4u- PENETRATIONS Ei1ALL ~ FAINTED
IN CAOR CF THE BUIlDIN6 PDJA'-..ENT TO IT
FUTURE 51>NAGE TO CONFOW-I WITH CITY CF CLEARU/ATE2 SIGN
ORDINANCE
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archftect 6 associates, p.a. LIC. N0. AA0001491 TATE OF FLORIDA
RESISTEItEDAROFHTEOT
LIC. N~ ARODOS59E
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26200 US HIGHWAY 19 N., GLEARWATER, FL 33761 ~
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D. H4OARtNEY W1LOV AYyHITE.'T RESERVES -IS OIX'1'I,'.fJ LAW OOpYRIGHT 4ND OIFIFR 73Jf~Rfl' RIGHTS IN THEGE RANG AND G'7N' S THE'! 41W.L NJ BE U~ Oft ~J'EJ WITIW MI5 GEA'ILSIGN