Loading...
FLD2009-12044; 1454 GULF TO BAY BLVD; KYLE RETAILFLD2009-12044 1454 GULF TO BAY BLVD KYLE RETAIL PLANNER OF RECORD: S K ATLAS # 288A ZONING: C LAND USE: CG RECEIVED: 12/01 /2009 INCOMPLETE: COMPLETE: MAPS PHOTOS: STAFF REPOR"1': DRC CDB: CLW CoverSheet CDB Meeting Date: March 16, 2010 Case Number: FLD2009-12044 Agenda Item: Fl . Owner/Applicant: Term Kyle Jeffrey L. Kee Mar~yle Barbara M. Kyle, C/O Cobb, Je ES Representative: Northside En in~g Services, Inc Address: 1454 Gulf-to-Bay Boulevard CITY OF CLEARWATER PLANNING AND DEVELOPMENT DEPARTMENT STAFF REPORT GENERAL INFORMATION: REQUEST: Flexible Development application to permit a Termination of Status of Nonconformity for density to allow the continuation of one attached dwelling unit (where only 0.37 dwelling units is permitted today) in the Commercial (C) District, under the provisions of CDC Section 6-109, to permit a Mixed Use (Retail Sales and Services and one Attached Dwelling) with a lot area of 6,204 square feet, a lot width of 121 feet (Gulf to Bay Boulevard), 158 feet (San Remo Avenue), a building height of 20.2 feet (to roof deck), a front (west) setback of 3.2 feet (to existing building) and zero feet (to existing pavement), a front (east) setback of 2.4 feet (to existing building) and zero feet (to existing pavement), a side (north) setback of five feet (to existing building) and zero feet (to existing pavement) and zero off-street parking spaces, as a Comprehensive Infill Redevelopment Project under the provisions of Community Development Code (CDC) Section 2-704.C., a reduction to the perimeter landscape buffer along Gulf to Bay Boulevard from 15 feet to zero feet, a reduction to the side (north) landscape buffer from five feet to zero feet and a reduction to the required foundation landscaping along both the Gulf to Bay Boulevard facade and San Remo Avenue facade from five feet to zero feet as a Comprehensive Landscape Program, under the provisions of Community Development Code Section 3-1202.G., and a two-year development order. CURRENT ZONING: Commercial (C) District CURRENT LAND USE: Central Business District (CBD) DOWNTOWN REDEVELOPMENT PLAN CHARACTER DISTRICT: East Gateway Community Development Board -March 16, 2010 FLD2009-12044 -Page 1 of 11 PROPERTY USE: Current Use: Vacant Proposed Use: Mixed Use EXISTING North: Commercial (C) District SURROUNDING Day Labor Facility ZONING AND USES: South: Commercial (C) District Retail Sales/Services East: Medium Density Residential (MDR) District Overnight Accommodations West: Commercial (C) District Attached Dwellings ANALYSIS: Site Location and Existing Conditions: The 0.14-acre subject property is located at the northeast corner of Gulf-to-Bay Boulevard and San Remo Avenue. Located in the East Gateway District of Downtown, the District struggles with a negative image of crime due to the location of problematic uses such as day labor facilities, old motels and social service agencies that provide services to the homeless population. The commercial sector, where the subject property is located, is burdened with a declining business base, an array of deteriorating infrastructure, a mismatch of uses, and an increasing number of vacant storefronts. The subject property is shaped as a triangle and has two fronts and one side and is completely paved with the two-story building only about three feet from the front and side property lines. The existing 3,841 square foot structure was constructed in 1951 and contains 3,041 square feet of commercial space and an 800 square foot dwelling unit on the second floor. The building has been vacant since fall of 2003. To the north of the subject property is a day labor facility; to the east are overnight accommodations; to the west are attached dwellings; and to the south are retail sales/services. The overall site appearance is average and is targeted for redevelopment within the Clearwater Downtown Redevelopment Plan. Development Proposal: The proposal is to re-establish a retail sales/services use along with allowing the existing dwelling unit to remain through the termination of status of nonconformity for density. From 1975 to 2003 the subject property operated as a retail clock shop with one dwelling unit on the second floor. In 2004 the property was sold and has been vacant since. In 2009 the previous owner of the clock shop received the property back through the foreclosure process. Pursuant to Community Development Code (CDC) Section 6-102.E, if the use of a nonconforming structure is abandoned for a period of six consecutive months, the future use of the structure shall be brought into full compliance with all the requirements of the Development Code; thus the filing of a Comprehensive Infill Redevelopment application. The proposal includes extensive landscaping on the east side along San Remo Avenue and on the north adjacent to the day labor facility. The structure will be pressure cleaned and repainted. Awnings or other approved architectural details will be installed prior to the building being occupied to further improve the facade. No code compliant parking is located on the site and Community Development Board -March 16, 2010 FLD2009-12044 -Page 2 of 11 there is insufficient area to provide any code compliant parking. Currently, the site is using the paved area within the Gulf-to-Bay Boulevard right-of-way and the paved area on the property adjacent to San Remo Avenue to park vehicles. The paved area within the Gulf-to-Bay Boulevard right-of--way will remain until it is redeveloped as part of the streetscape improvement project envisioned in the Clearwater Downtown Redevelopment Plan; however the pavement located along San Remo Avenue will be removed for landscaping. It is noted that the City anticipates the streetscape project to begin in the East Gateway area in 2016; however there has been community discussion about accomplishing the streetscape improvements closer to the original timeline of 2012. With this major project scheduled for the near future, staff has concurred that it would serve no purpose to require the pavement to be removed in the Gulf-to- Bay Boulevard right-of--way at this time. Clearwater Downtown Redevelopment Plan: In addition to the Clearwater Comprehensive Plan, the Downtown Plan is the official statement of policy regarding the Downtown and in particular with regard to the use of land and public policies. All development of land, both public and private, undertaken within the Downtown shall be consistent with and further the goals of the Plan. The site is located within the East Gateway character district of the Clearwater Downtown Redevelopment Plan. This being the case the proposal is governed by Commercial District zoning with regard to intensity, density and setbacks while also having to be consistent with the East Gateway Character District policies. This area is envisioned to be a vibrant, stable, diverse neighborhood defined by its unique cultural base and mixed land uses. It will continue to be developed as a low and medium density residential neighborhood supported with neighborhood commercial and professional offices concentrated along the major corridors of Cleveland Street, Gulf-to-Bay Boulevard, Court Street and Missouri Avenue. The Clearwater Downtown Redevelopment Plan establishes criteria against which proposals to be located within the Plan boundaries are measured and are discussed below. The proposal is consistent with the Visions, Goals, Objectives and Policies of the Clearwater Downtown Redevelopment Plan including: 1. Vision: Downtown will be an integrated community with a mix of retail, residential, office and recreational opportunities. The development of a variety of residential projects to attract new residents to Downtown is critical to the success of a revitalized Downtown. The proposed use is such, as it will be a mixed use involving retail and a residential component. 2. Vision: The elimination of blighting conditions and the revitalization of the existing and expanded CRA are critical to the future health of Downtown. This proposal will allow a building that has been vacant since 2004 to be occupied and will include site improvements to upgrade the East Gateway character district. 3. Goal 1: Downtown shall be a place that attracts people for living, employment and recreation. The City shall encourage redevelopment that will attract residents and visitors to Downtown as a recreation, entertainment and shopping destination. The proposal will provide a living and employment component. Community Development Board -March 16, 2010 FLD2009-12044 -Page 3 of 11 4. Objective 1 E: A variety of businesses are encouraged to relocate and expand in Downtown to provide a stable employment center, as well as employment opportunities for Downtown residents. This proposal provides an opportunity for businesses to relocate and may create employment opportunities in Downtown. 5. Policy 2: The character of each district shall be reinforced through the site plan and design review process. Projects shall be consistent with and contribute positively to the vision of the character district in which it is located. The proposal is being processed as a Comprehensive Infill Redevelopment application and meets the district vision of providing neighborhood commercial and residential uses. 6. East Gatew~ Polic~7: Attract and assist existing retail and personal service establishments in order to create neighborhood employment opportunities. Retail uses are envisioned at street level and provide an opportunity for neighborhood employment. Downtown Design Guidelines: The Downtown Design Guidelines identify both appropriate and inappropriate direction with regard to various elements associated with new construction and renovations in the Downtown. A review of these Guidelines within the Plan was conducted and the following applicable items were identified: Pedestrian Circulation/Access: The Downtown Design Guidelines require clearly defined, safe, direct, convenient and landscaped pedestrian pathways between streets, parking areas and buildings. The proposal provides two direct, landscaped pedestrian pathways to the ingress/egress areas on the San Remo Avenue facade. Landscaping: The Downtown Design Guidelines require plant species that are appropriate to the space in which they will occupy with regard to water needs, growth rates, size, etc. in order to conserve water, reduce maintenance and promote plant health. The proposal includes some native species with appropriate maturity size to limit maintenance and conserve water. Building_Placement: The Downtown Design Guidelines require that buildings maintain the build-to line or the setback of the developments block. As previously noted, the existing building is nonconforming with regard to those setbacks established for the Commercial (C) District. However, the existing building is consistent with the guidelines established for development within the Downtown Plan area. As such, the requested reductions in setbacks can be supported. Primary and Corner Facades: The Downtown Design Guidelines state all facades shall utilize a change in plane, building wall projection or recess, variation in building height, storefront display windows and canopies and awnings. The existing building provides distinctive step backs, a variation in height, and storefront display windows on the Gulf-to-Bay Boulevard frontage and to provide additional architectural details awning are proposed on the storefronts. Community Development Code: A mixed use project is subject to the relevant review criteria of CDC Sections 2-701.1 and 2-704.C. Community Development Board -March 16, 2010 FLD2009-12044 -Page 4 of 11 Intensity: Pursuant to the Countywide Future Land Use Plan and CDC Sections 2-701.1, the maximum allowable intensity is a floor area ratio (FAR) of 0.55. The proposal is in compliance with the above as it has a FAR of 0.49. Densi Pursuant to the Countywide Future Land Use Plan and CDC Sections 2-701.1 the maximum density for properties with a designation of Commercial General is 24 dwelling units per acre. The mixed use calculation yielded 0.37 permissible dwelling units which would equate to zero dwelling units, currently one dwelling unit exists. The applicant is requesting Termination of Status of Nonconformity for density to maintain the one dwelling unit in a conforming manner (see discussion below). Termination of Status of Nonconformity: The development proposal includes a request for Termination of Status of Nonconformity for density (one dwelling unit; where 0.37 dwelling units are permitted today). The criteria for Termination of Status of Nonconformity, as per CDC Section 6-109 and outlined in the table below, including compliance with perimeter buffer requirements, the provision of required landscaping for off-street parking lots and bringing nonconforming signs, lighting and accessory uses/structures into compliance with the Code will be met with this development proposal. Consistent I Inconsistent 1. Perimeter buffers conforming to the requirements of Section 3-1202.D of the X Community Development Code shall be installed. 2. Off-street parking lots shall be improved to meet the landscaping standards established N/A in Section 3-1202.E of the Community Development Code. 3. Any nonconforming sign, outdoor lighting or other accessory structure or accessory N/A use located on the lot shall be terminated, removed or brought into conformity with this development code. 4. The comprehensive landscaping and comprehensive sign programs may be used to X saiisfv the requiremenis of ibis seciion. ~ Pursuant to CDC Section 3-1202.D, the Gulf-to-Bay Boulevard frontage requires a 15-foot landscape buffer, the San Remo Avenue frontage requires a 10-foot landscape buffer and afive- foot landscape buffer on the north side. As discussed further, any opportunity to install landscaping has been utilized. There are no off-street parking lots nor nonconforming signs, lighting, accessory structures or uses located on the parcel. A Comprehensive Landscape Program has been submitted to satisfy the landscape requirements. ImRervious Surface Ratio (ISR): Pursuant to CDC Sections 2-701.1, the maximum allowable ISR is 0.90. The overall proposed ISR is 0.77, which is consistent with the above. Minimum Lot Area and Width: Pursuant to CDC Section 2-704, the minimum lot area for mixed use can range between 5,000 - 10,000 square feet. The overall site is 6,204 square feet of lot area. Pursuant to the same Table, the minimum lot width can range between 50 - 100 feet. The width of the lot along Gulf-to-Bay Boulevard is 121 feet and 158 feet along San Remo Avenue. The proposal is consistent with these Code provisions. Minimum Setbacks: Pursuant to CDC Section 2-704, the minimum front setback for mixed use can range between_15 - 25 feet and the side setback can range between 0 - 10 feet. The proposal includes a reduction. to the front (west) setback from 25 feet to 3.2 feet (to existing building) and Community Development Board -March 16, 2010 FLD2009-12044 -Page 5 of 11 zero feet (to existing pavement), a front (east) setback of 2.4 feet (to existing building) and zero feet (to existing pavement) and a side (north) setback of five feet (to existing building) and zero feet (to existing pavement). The side (north) setback falls within the flexibility range of 0 - 10 feet while both fronts do not; however it is consistent with the Comprehensive Infill Redevelopment provisions as well as the Building Placement Design Guidelines as set forth in the Clearwater Downtown Redevelopment Plan. As mentioned previously, the building presently occupies the majority of the site. Maximum BuildingLHeight: Pursuant to CDC Section 2-704, the maximum building height for mixed uses can range between 25 - 50 feet. The height of the existing building is 20.2 feet (to the roof deck). The proposal is consistent with these Code provisions. Minimum Off-Street Parkin: Pursuant to CDC Section 2-704, the minimum required parking for mixed use is two spaces per dwelling unit and 4 - 5 spaces per 1,000 square feet of gross floor area. Based upon the above, the one dwelling unit will require 2 parking spaces and the 3,041 square feet of retail sales/ services use will require 15 spaces for a total of 17 required parking spaces. The applicant has provided a parking demand study to substantiate the reduction by showing 27 on-street parking spaces within 1,000 feet. Additionally it showed that the peak parking demand in these spaces occurred at 4:00 PM with 11 percent occupied at that time. Additionally, over 20 percent of the households in the East Gateway have no car, the average number of households with no car in the county is nine percent; thus it is anticipated that with a variety of retail uses possible that there will be walk-up customers patronizing the site. The on- street parking spaces coupled with the anticipated walk-up customers substantiates the requested reduction. 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 triangle. No structures or landscaping is proposed within the site triangle. Solid Waste: The proposal will utilize two black barrels for refuse located at the northwest corner of the site. The proposal has been found to be acceptable by the City's Solid Waste Department. Landscaping: Pursuant to CDC Section 3-1202.D, this site is required to have a 15-foot wide landscape buffer along Gulf-to-Bay Boulevard, a 10-foot wide landscape buffer along San Remo Avenue and afive-foot wide landscape buffer along the north side. There is no opportunity for a landscape buffer along Gulf-to-Bay Boulevard as the building is located three feet from the property line. The proposal does provide for a generous buffer, up to 15 feet, along San Remo Avenue absent the area for trash staging and the area where the structure abuts the property line. Only 16 podocarpus are proposed along the north side as there is limited space for planting. Pursuant to CDC Section 3-1202.E.2, foundation plantings shall be provided within afive-foot wide landscape area along both the Gulf-to-Bay Boulevard and San Remo Avenue facades. Shrubs and weeping yaupon holly is proposed for the San Remo Avenue foundation facade but there is no opportunity for foundation planting on the Gulf-to-Bay Boulevard facade. Community Development Board -March 16, 2010 FLD2009-12044 -Page 6 of 11 Comprehensive Landscape Program: Pursuant to CDC Section 3-1202.G, the landscaping requirements contained within the Code can be waived or modified if the application contains a Comprehensive Landscape Program satisfying certain criteria. The following table depicts the consistency of the development proposal with those criteria: Consistent I Inconsistent 1. Architectural theme: a. The landscaping in a comprehensive landscape program shall be designed as a N/A N/A part of the architectural theme of the principle buildings proposed or developed on the parcel proposed for development; or b. The design, character, location and/or materials of the landscape treatment X proposed in the comprehensive landscape program shall be demonstrably more attractive than landscaping otherwise permitted on the parcel proposed for development under the minimum landscape standards. 2. Lighting: Any lighting proposed as a part of a comprehensive landscape program is X automatically controlled so that the lighting is turned off when the business is closed. 3. Community character.• The landscape treatment proposed in the comprehensive X landscape program will enhance the community character of the City of Clearwater. 4. Property values: The landscape treatment proposed in the comprehensive landscape X program will have a beneficial impact on the value of property in the immediate vicinity of the parcel proposed for development. 5. Special area or scenic corridor plan: The landscape treatment proposed in the N/A N/A 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. Code Enforcement Analysis: There are no outstanding Code Enforcement issues. COMPLIANCE WITH STANDARDS AND CRITERIA: The following table depicts the consistency of the development proposal with the standards as per CDC Table 2-701.1: Standard Proposed Consistent Inconsistent Density 24/dua (2) 1 dwelling unit X FAR 0.55 0.49 X Maximum ISR 0.90 0.77 X Minimum Lot Area 5,000- 10,000 sq. ft. 6,204 sq. ft. X Minimum Lot Width 50 - 100 feet Gulf-to-Bay Boulevard: 121 feet X San Remo Avenue: 158 feet Minimum Setbacks Front: 15 - 25 feet West: 3.2 feet (to existing building) X' 0 feet (to existing pavement) East: 2.4 feet (to existing building) 0 feet (to existing pavement) Side: 0 - 10 feet North: 5 feet (to existing building) X 0 feet (to existing pavement) Maximum Height 25 - 50 feet 20.2 feet (to roofdeck) X Minimum 2.0 spaces per unit 0 parking spaces X' Off-Street Parking 5/1,000 sq ft gfa (17 arkin s aces ~ See analysis in Staff Report Community Development Board -March 16, 2010 FLD2009-12044 -Page 7 of 11 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 I X 1,:«~ 'C. ,.,1 1,....,.,1 .1...... ,..... 4...7 1:,... ,.,. I. 11 F 1... C 11,....:.... parnulg arc juStiui.u va~~u vII u~uwuotrawu Cviiipuauw "w itu $i~ vi tug, iviiv~lug 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. Community Development Board -March 16, 2010 FLD2009-12044 -Page 8 of 11 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: 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. I 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 olfacto and hours of o eration im acts on adjacent ro erties. SUMMARY AND RECOMMENDATION: The Development Review Committee (DRC) reviewed the application and supporting materials at its meeting of January 7, 2010, 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: The Planning and Development Department, having reviewed all evidence submitted by the applicant and requirements of the Community Development Code, finds that there is substantial competent evidence to support the following findings of fact: 1. That the 0.14 acre site is located at the southeast corner of Gulf-to-Bay Boulevard and San Remo Avenue; 2. That the subject property is located within the Commercial (C) District and the Commercial General (CG) land use plan category; 3. That the development proposal is subject to the requirements of the Clearwater Downtown Redevelopment Plan as the property is located within the East Gateway character district; 4. That the existing site has no off-street parking spaces; 5. That the existing building and pavement is non-conforming with regard to setbacks and no changes are proposed to the location of the building; 6. The structure has a height of 20.2 feet to roof deck; 7. The proposal includes a reduction to the front (west) setback from 15 - 25 feet to 3.2 feet (to existing building) and zero feet (to existing pavement), a front (east) setback from 15 - 25 feet to 2.4 feet (to existing building) and aero feet (to existing pavement), and a reduction to the side (north setback from 0 - 10 feet to five feet (to existing building) and zero feet (to existing pavement; 8. The proposal includes reductions to the landscape buffer on the front (east) from 15 feet to zero feet and the side (north) setback from five feet to zero feet; 9. The proposal includes a reduction to the foundation landscape requirement on Gulf-to-Bay Boulevard from five feet to zero feet; 10. That the existing structure contains one dwelling unit where only 0.37 is allowed today; Community Development Board -March 16, 2010 FLD2009-12044 -Page 9 of 11 11. The submitted Parking Demand Study demonstrates the requested parking space reduction from 17 spaces to zero spaces is adequate; and 12. There are no outstanding Code Enforcement issues associated with the subject property. Conclusions of Law: The Planning and Development Department, having made the above findings of fact, reaches the following conclusions of law: 1. That the development proposal is consistent with the district vision of the East Gateway character district of the Clearwater Downtown Redevelopment Plan; 2. That the development proposal is consistent with the Standards as per Table 2-701.1 of the Community Development Code; 3. That the development proposal is consistent with the Flexibility criteria as per Section 2- 704.C of the Community Development Code; 4. That the development proposal is consistent with the General Standards for Level Two Approvals as per Section 3-913 of the Community Development Code; 5. The development proposal is consistent with the Flexibility criteria as per Section 3-1202.G of Community Development Code; and 6. That the development proposal is consistent with the provisions of the Termination of Status of Nonconformity criteria as per Section 6-109 of the Community Development Code. Based upon the above, the Planning and Development Department recommends APPROVAL of the Flexible Development application to permit a Termination of Status of Nonconformity for density to allow the continuation of one attached dwelling unit (where only 0.37 dwelling units is permitted today) in the Commercial (C) District, under the provisions of CDC Section 6-109, to permit a Mixed Use (Retail Sales and Services and one Attached Dwelling) with a lot area of 6,204 square feet, a lot width of 121 feet (Gulf to Bay Boulevard), 158 feet (San Remo Avenue), a building height of 20.2 feet (to roof deckl, a front (westl setback of 3.2 feet (to existing building) and zero feet (to existing pavement), a front (east) setback of 2.4 feet (to existing building) and zero feet (to existing pavement), a side (north) setback of five feet (to existing building) and zero feet (to existing pavement) and zero off-street parking spaces, as a Comprehensive Infill Redevelopment Project under the provisions of Community Development Code (CDC) Section 2-704.C., a reduction to the perimeter landscape buffer along Gulf to Bay Boulevard from 15 feet to zero feet, a reduction to the side (north) landscape buffer from five feet to zero feet and a reduction to the required foundation landscaping along both the Gulf to Bay Boulevard facade and San Remo Avenue facade from five feet to zero feet as a Comprehensive Landscape Program, under the provisions of Community Development Code Section 3-1202.G., and a two-year development order with the following conditions: Conditions of Approval: 1. That a building permit be obtained to stripe the required ADA compliant handicap parking space; 2. That a building permit be obtained for the proposed awnings; 3. That prior to the issuance of any building permits, any applicable Public Art and Design Impact Fee must be paid; 4. That prior to the issuance of any building permits, all applicable Parks and Recreation fees must be paid; Community Development Board -March 16, 2010 FLD2009-12044 -Page 10 of 11 5. That prior to the issuance of a certificate of completion or business tax receipt, whichever occurs first, all of the proposed landscaping shall be installed; 6. That prior to the issuance of a certificate of completion or business tax receipt, whichever occurs first, the building and all utility and meter boxes located on the building shall be painted; and 7. That the final design and color of the building is consistent with the plans approved by the CDB. Prepared by Planning and Development Department Staff: ATTACHMENTS: ^ Location Map ^ Aerial Map ^ Zoning Map ^ Existing Surrounding Uses Map ^ Photographs of Site and Vicinity ,~~~r,~- A. Scott Kurleman, Planner III S: IP/arming DepartmentlC D BIFLEX (FLD)IPendtng Casesl Up For The Next CDBIGuIf To Bay 1454 Kyle Retail (C) 2010.03 - SK11454 GTB Staff Report 2010 03-I ti. Docx Community Development Board -March 16, 2010 FLD2009-12044 -Page 11 of 11 Resume A. Scott Kurleman 100 South Myrtle Avenue Clearwater, FL 33756 727-562-4553 scott.kurleman(u~myclearwater.com PROFESSIONAL EXPERIENCE • Planner III • Planner II August 2008 to present June 2005 to August 2008 Regulate growth and development of the City in accordance with land resource ordinances and regulations related to community development. Landscape plan review including: conceptual, variance, and conditional use. Reviews and analyzes site plans and conducts field studies to determine the integrity of development plans and their compatibility with surroundings. Interdepartmental and zoning assistance. Respond as a City representative to citizens, City officials, and businesses concerning ordinances and regulations. Make recommendations and presentations at staff level at various review committees, boards, and meetings. • Land Resource Specialist City of Clearwater June 1996 to June 2005 Coordinates with City Legal Department to initiate legal proceedings for non-compliance with amity iaiid re.~ioura.e regulal oils. La11dJNape re-iii~peetivii prvgraiii. Piuits and dire~.ts prvgralii tv ensure that plant material installed per the approved landscape plan remains in a healthy growing condition in perpetuity and restores deficient landscaped with new plant material. Certificate of Occupancy Inspection. Perform inspections with contractors, owners, and City departments to monitor the installation of required landscape material per an approved site plan. Process tree permits ensuring that regulations governing the removal criteria are followed. Provide technical tree evaluations for structural defects, hazards, proper pruning, and identification for trees on public and private properties. • Account Manager Cherry Lake Farms, IMG Enterprise, Inc. 1993 - 1996 Groveland, FL Supervised and managed existing territory accounts, while handling a strategic marketing plan. Planned and directed in-field inspection program for landscape architects, municipalities and private corporations. Prepared technical training modules for corporate employees and customers regarding arboricultural techniques related to trees. • Licensed Marketing Representative Allstate Insurance Company 1991 - 1993 Clearwater, FL Field inspections of insured structures. Policy service and account maintenance. Store Manager William Natorp company, Inc. 1983 - 1991 Cincinnati, OH Managed a team of 20 sales people and sales associates in a landscape center. Responsible for teams of employees including but not limited to payroll, budgeting, sales, store and equipment maintenance, workplace safety, and advertising. Managed outdoor staff, merchandised and cared for all outdoor products. Responsible for all indoor staff and horticultural products. EDUCATION GRADUATE -Certificate: Communi , Development, UNIVERSITY OF SOUTH FLORIDA, TAMPA, FLORIDA. Currently pursuing. BS in Sustainability Management, ST. PETERSBURG COLLEGE, FLORIDA. Currently pursuing. BA in Business Administration, ST. LEO UNIVERSITY, ST. LEO, FLORIDA. Graduated July, 2002 Cum Laude. Major: Management AA in Business Administration, ST. PETERSBURG COLLEGE, FLORIDA. Graduated 1998. Major: Management. AS in Ornamental Horticulture, OHIO STATE UNIVERSITY, WOOSTER, Graduated 1984 Cum Laude. Major: Horticulture Technology with emphasis in Arhnrinnltnre ISA, International Society of Arboriculture, Certified Arborist, FL-0414. 1380 Z ~ ~ 1380 1377 ~oS r ' ~ ~ 1384 ~„"'wj ~9m ~ N N a~ N N ~ o rn o m N o °m °m 1 1383 A ~ Q Q Q Q ~ ~~- ~ .~ ~ p O p O I O -(ai - Ji 1401 N N ~' ± p ± ~ ~O! ° ^ l[ Q ~ r ~ ~ O1 `"' v cn 1403 i, w c ~, `" o~, C ~ Q 1 1405 1404 1405 1404 ~ 0 ~~ ~ -i 7C 7C r 1406 1406 1407 1406 ~ 90 ~ . Q > Q Q `G 0 ~~09 1408 ~q09 140 'y~i ~~ ~ ~` OD Q ,~ (D 1412 1413 1412 1413 1412 1410 O ~ Q 1414 1415 1414 1415 1414 a vF ~ Q 1416 1417 6 1 1416 ~ `~i ~' oO ~ O C 1418 8 1419 1419 1418 ~ s N _ Q 1421 1421 1420 p~~ ~ 1416 O Q 1423 2 1423 1422 ~ Q y~o 142 1418 1422 ~ r ~ ~ 1424 1425 1424 14 ~ ~ ` s 1427 1426 1427 ~ 142 1420 1428 1429 1428 142 '~i N 1430 1g3p ~ ~ 1426 F9 y~S 142 1428 O 1432 1433 1432 14 ~ Z 1434 1435 1434 5 ~~~ ~~6` ' S 1436 1437 1436 T~~o ~ 143 1430 ~ 1438 143 1438 z 1440 As o FQ ~ s ~ 1433 ^ 1442 1443 ',ys pSO 1432 V , 1445 's s yy qqg qqqqqq 446 1447 pC o m -~ o a o °p 1436 3 ~ ~ ~ _~ a D ~ ~ (~ ~ j ~ 145 1 1451 1450 ~ ~ s 1450 145 1453 Q ~ ~ 8 ~ ~ 6o N 14 ~ 1455 1454 (p N ~ ~~ 62 N 145 145 1457 1456 C~ 6~ ys ° 1459 1458 6' 1460 1459 1460 1461 1460 N O ~ ~ 1462 1462 1gg5 1464 1465 lggq ~ ~ ~ ss 1464 1466 b 1467 1466 D D IV 1466 1465 1468 1469 1468 1468 ~ X98 ~ ~'~~~ p 1468 1470 1471 ~ ~ O v~ ~ 1471 1470 1471 1472 1472 CD ~ ~ s 4 1475 N N S 1475 1474 O 1474 1477 1477 1476 1477 1476 - ~' ~ p 1478 1479 1472 1481 1478 1481 1478 1 1 1480 1480 1483 '°O' 1483 1482 1481 1487 1482 1485 ly S 1 ~ _ ot to e- ca ~8 1489 1486 1482 1489 1488 1489 -N°[ a Survey- W W a ~ m RD F- Z O ~ ~ U W ~ O ~ a a ~a 2nda ~~ FOREST RD a ~ > Cir z w = ~ ~ , = ~ RiDGEtryIpOD ST d v PINEWOOD ~ y 2 a a ~ Z ~, y aalcwooD °0 3 = ~ W z a U ~ CRESNIEW ST = ~ ~ z a a ~S~w~ ~ o a ° S ~ ~ o a o > ? Y ~ a w ~ > w c~ a ~ ~ ~ o ~~~J a ~ ~~~ ~ ~ Z~ ~ ~a~ ^~U~ ~O Y O PARLC sr g ~ ~ ~ PARK ~ CLEVELAND PROJECT Y ~~ ~~ o'G°°'c q C] ST_ ~ ~[ Z PIERCE U a SITE g HARVARD Y W Erargrser a Cog ~ z Jul -< PIatB ~ _ ~ FRANIQIN DARTMOUTH 7 ~ FRANlQpLjl ST m ~~p DE LEON ~9~ ST ROSA '~ ~ e`LO sT ~ ~ COURT ST SR-651 GULF-TO-BAY BLVD ~ a ROGERS ST W ~ W W > a SR-60 a ~ o a r-~a ~ p a a Qrz F ~ ~~ WW W z TURNER O d ~ ~ PINE ~ ST ST O ~ ~ ~ ~ w r0 j ~ -~ ~~~ ~ ~ U W } DRUiD ~ d LOCATION MAP Owner: Jeffrey L. Kyle Mary L. Kyle Case: FLD2009-12044 Terry R. Kyle Barbara M. Kyle Site: 1454 Gulf to Bay Boulevard Property Size: 0.14 Acres PIN: 1 4-29-1 5-4701 6-003-0 1 20 Atlas Page: 288A / I I 24 Q3 121 I19 18 117 16 I15 14 I13 12 111 10 19 8 1 7 6 15 4 ~ I /~ 20/ /0 18 I 17 18 15 14 13 12 11 1 I I 1 I //_ _\v~ ~j ° 25 ~ 7ZB 9E10 1 ~ 3 7 F18 9 ~ 41~ X13114 ~ Z I `+ •+ "' v`"v ° "a `~ h h ylm ml~ 013°$ N ~ m 40l o NI a m w ~ ~ a " PARK ST ~ ~a° e 111 Q W '° ~ ~ V °v: J "` 1 (n 31 1 ^~ 2 3 ~~ Q 4 5 6 _ Q ~A'IRs ~ - - 8 108 W 11 ~ ~~ ~,~ ~>~~~~ 9 11 Q h ~ I° I~ ~ I ~ ^ v h- v ~- 1~ v h- I I Ho 4 123 121 0 119 18117 16115 12111 1019 8I7 6 1514 3 12 I 1 14 13 ~2~ 10 9 8 6 5 1 4 3 1 10 110 111 a .. a .. v ~ ~ .. I o ~. a .. l v I .. ~ .. _ _ 2 11 11 ~ \ 10 11 ~ ~ ~1' ~ $ 16/ 61 '~ AgOj 12 ~~G. 'y 9~ u / \ 11 6 4A~~ ~~' ~~~ ~4 FRANKLIN ST Iv I°v va I vvI ala aIv MM "~v"' ~ 1~~ ~ 40 e. ~ n e~ t~ ~ 1 ~ ~ 1 rl ~ ~ r e~ t~ !. 1~ ^ 4 11 1 16 17 118 1 20 19 1 21 i 22 23 24 11 406 12 11 10 I g lI 1 6 1 5 4 I g O O~ ~~I a} ~~l NN ~O INa ao b N 407 ~ .°-.°. v..°. I ~ .°.I .`~ ."- I::.°_ I~ ~ ~ ~ .`*- PIERCE ST ~ 1 I ~ n .~ - ~ ems. ~ ~ ~ I ~ 1 202 - - - ~ ~ I ~~ A1~ ~,g ~ L' U ~ g ~ W ~~ 22 23 I 24 YUO ? 20 ,4113 IOV 2 l~ „ 1E~' 0 - 8 1I7 I6 ODAT~NS - -208 5 rol a 214 ~~ ~ I ~ ~1 60 Q Z J ~ FRANKLIN ST = ~ _ RETAIL SAI,~S/ RIP F.S ^ ~ ~ +~Ah d4 / ~~ e~ I a- E 1 A6 ~^b'ti 13 ~ ~ I 1 s 17 18 1 s o 21 2 308 ,~A 61z 6 ~A 30 3 1m .r ~1~ (o O ~ 'p ~. N a t. r. ro O N ^ ao ro v v v a5'O e V 31 v v v v 4 312 ~~ " m / ~ ~ ~ ~ 1 16 15 ^ 17 1 ~ ~bA$ / 118 2 404 1~ \ 3 11 4 G 1% T ~- - / 10/ ~ 5 4A~$/ y /~c / i l EXISTING SURROUNDING USES Owner: Jeffrey L. Kyle Case: FLD2009-12044 Mary L. Kyle Terry R. Kyle Barbara M. Kyle Site: 1454 Gulf to Bay Boulevard Property Size: 0.14 Acres PIN: 14-29-15-47016-003-0120 Atlas Page: 288A $ DE LEON ST ~oa~s -I .ndl -~ View of southeast corner of subject property. x , rY ^hy.t d5 ~ ~~ F.= +. v .,'9 View of property to the east of subject property (Overnight Accommodations). 1454 Gulf to Bay Boulevard FLD2009-12044 Page lof 1 View of west side of subject property. View of east side of subject property. View of property to the west of the subject property (Retail/Office/Attached Dwellings). View of property to the south of subject property (Retail). -:1 ",i ``;''~ ~ _. ', ~ t-. i ;; , i Northside EXHIBIT "B" TO FLEXIBLE DEVELOPMENT APPLICATION FOR COMPREHENSIVE INFILL REDEVELOPMENT PROJECT 1454 Gulf to Bay Boulevard Section B. Description of Request civil l..anr~ !'Iz~nning ~r~~ C7iii~;e;nce i~epr~rts f~~-~rarrir~~, I_~rrr1 Use, Annexatir~n ~tc~rrnwat~r ~'iar~agerr~ent Utility C~€~si~n Traffic, ~:arrstrzar~t~ic~n 6~clr~r7inis~tr-atic7n The Applicant, Mr. Terry Kyle proposes to retain an existing commercial building, legally constructed in 1951 which contains 3,041 square feet of retail/office area and one (1) accessory dwelling unit. The subject property is a 0.14 acre site bounded on the west by Gulf to Bay Boulevard, on the east and south by S. San Remo Avenue and a commercially developed site to the north. Specifically, the Applicant requests flexible development approval to. retain the use of the site and building for (3,041 sq ft retail/office and one (1) dwelling unit) with: a. a Lot Area of 6,204.00 square feet; b. a Lot Width of 121.20 feet on Gulf to Bay Boulevard, 158.60 feet on S. San Remo Avenue; c. an existing height (above BFE) of 20.2' to top of roof deck; d. an existing front (west) setback along Gulf to Bay Boulevard of 3.0' to existing building and 0' to existing pavement; e. an existing front (east) setback along San Remo Avenue of 2.40' to existing building and 0' to existing pavement; f. an existing side (north) setback of 5' to existing building and 1.65' to existing stairs; g. providing for no on-site parking spaces as historically exists, see provided Parking Study; h. an impervious surface ratio of .77 i. F.A.R. of 0.49 as a Comprehensive Infll Redevelopment Project, under the provisions of Section 2-704.C of the Code with reductions to the landscape requirements through a Comprehensive Landscape Application, a Two-Year Development Order and Termination of status as anon-conformity 30~ Soutl~~ i3~icher Ftc~az:1 C~Ic:;ii-wacer, (~1<~rirla ~37h5 1 (~:ch(i't),ut~~rclr~ic~i~enginE.c~rir~~servic:;t_s.~ >rrr 7"27 =i~~a ~tf?~;~) f=,r '12{ fi~lf~ £~0:3F> History The existing 3,841 sq ft structure was constructed in 1951 and contains 3,041 sq ft of commercial space and an 800 sq ft dwelling unit on the second floor. In 1975 the Kyle family; purchased the site and opened the "Kyle's Clock Shop" business, the Kyle family continued to operate the business at this location until 2004. In 2004 the Kyle family sold the property and while under new ownership the site became vacant. Unfortunately, in the summer of 2009 the Kyle family received the property back through foreclosure process. At this time the Kyle family discovered that due to lack of occupancy, while under the ownership of others, the site was no longer approved for use without re-approval through this process to re-establish .the use of the building and site as it has always been. The existing development, legally constructed in 1951, no longer meets current code requirements associated with the existing structure anal site design. Proposed Use The existing structure and site will be used much the same as it always has been, with some form of neighborhood commercial uses taking occupancy such as retail and/or a small office operation on the first floor and the re-occupation of the second floor accessory dwelling unit. Until this process is complete new tenants can not be solicited and therefore we can not offer the specif c businesses proposing occupancy. Any future proposed businesses will be required to obtain Certificates of Occupancies and meet the requirements associated with legal occupancy of the building. Section D. Written Submittal Requirements General Applicability Criteria: 1) 'The proposed development of the land will be in harmony with the :;scale, bulk, coverage, density and character of adjacent properties in which it is located. The bulk, coverage, density and scale of the surrounding commercial properties are very similar to the existing subject property as most were constructed in the same era and therefore are similar in site and building design. The sites to the south, west and north provide site and building designs of similar setback, building scale, bulk, coverage and density with parking similar to the subject site. Therefore, the proposed re-use of the existing building and site will be in harmony and character with the adjacent properties. 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. 2 Vacant buildings in an area generally have a negative impact on new development and re-development and can lower or impair property values. The proposed re- occupancy of the building and site will help to encourage new development and re-development of adjacent land, providing a positive affect on the property values of the surrounding land. 3) The proposed development will not adversely affect the health or 'safety of persons residing or working in the neighborhood of the proposed use. Typically vacant sites do not promote safety; active, vibrant and utilized -commercial properties reflect positively on the health and safety of residents and .workers in the area. The proposed re-use of the existing site and building will have positive affects on the health and safety of area residents and workers. The proposed street level retail and/or office activity will improve current safety '.conditions for the public in this very pedestrian oriented area. 'Additionally, environmentally speaking, approval of this request will allow the re- use of a structurally sound building and site rather than demolishing a perfectly ,good building, requiring utilization of new precious land materials and resources such as wood, petroleum and rock. The neighboring sites will have far less disruption through the proposed re-occupation of the existing site vs. the disruption associated with a site under construction. 4) The proposed development is designed to minimize traffic congestion. This small scale commercial development will not create traffic congestion; this portion of the Gulf to Bay corridor receives a much lower traffic rate than most portions of Gulf to Bay Boulevard especially since the re-direction of the Beach traffic and therefore experiences little to no back up of traffic. This portion of Gulf to Bay can easily handle the low number of trips generated by this minimal commercial development and one accessory dwelling unit. 5) The proposed development is consistent with the community character of the immediate vicinity of the parcel proposed for development. The site and building is clearly consistent with the character of the community as :,most developments were designed and built in the same time period and are very similar in design. The project offers a gentle transition from the commercial 'corridor along Gulf to Bay Boulevard and the medium density residential to the east. 6) The design of the proposed development minimizes adverse effects, including visual, acoustic and olfactory and hours of operation impacts on adjacent properties. ';The existing development and proposed re-use of the site will not cause adverse effects on adjacent properties. Future tenants/businesses taking occupation of the building will meet the use requirements of the district and code requirements .associated with acoustic, olfactory and hours of operation. The basic action of occupancy will result in immediate minimalization of and improvement to, any adverse effects the vacant site currently may have on the adjacent properties. Comprehensive Infill Redevelopment Project Criteria: 1. The development or redevelopment is otherwise impractical without ' deviations from the use and/or development standards set forth in this zoning district. The proposed deviations from Code are necessary and minimal in order to make re-use of this existing site. Certain deviations are necessary in order to accommodate the existing building and site legally developed in 1951. The re-use of this site meets the City's vision of encouraging the adaptive re-use of underutilized buildings in the event redevelopment is not feasible. The building is structurally sound and is in character with the surrounding structures. The site design is similar to the designs found on the majority of the surrounding commercial developments. Additionally, allowing the re-use of this existing building and site will provide positive momentum in a very poor economic time - and in a district that is currently struggling with vacant buildings and crime. Setbacks The relief sought from the setbacks are required and the minimum necessary to accommodate use of the existing building, pavement and sidewalks. The i property's irregular shape presents a hardship and results in the site having two legal. front yards and one side yard. Height The existing overall height of the building is 20.2' and is within allowable limits Parking The site has utilized the existing parking configuration since the original approval and construction in 1951; many of the developments in the vicinity, built in the .same era, provide similar parking situations. A formal Parking Study has been provided to offer verification of adequate public parking in the area to service the site. Please see provided Parking Study for additional information and discussion. 4 Two-Year Development Order The Applicant requests atwo-year development order due to market conditions. 2. The development or redevelopment will be consistent with the goals and policies of the Comprehensive Plan, as well as with the general purpose, intent and basic planning objectives of this Code, and with the intent and purpose of this zoning district. The subject site with the requested approval as a Comprehensive In-Fill Project is consistent with many of the goals and policies within the Comprehensive Plan associated with urban conservation and renewal. Retention of very low, low and medium priced housing is also called for within the Comprehensive plan. Retail and/or Office uses are permissible uses within the "Commercial" zoning district. The uses are also permissible within the "Commercial General" land use category. 3. The development or redevelopment will not impede the normal and orderly development and improvement of surrounding properties. The proposed project is compatible with the neighborhood, as is more particularly discussed in General Applicability Criteria 1 and Comprehensive Infi11 Criteria 4 below, and will not impede other development. The re-use of the site may encourage renovation or redevelopment of some of the other vacant sites in the vicinity. An occupied site with new businesses and tenants will certainly benefit the community as a whole and specifically this district. 4. Adjoining properties will not suffer substantial detriment as a result of the proposed development. The adjoining properties will not suffer detriment of any kind as a result of this proposal; actually the opposite is true, re-occupation of the property will improve the value of the adjoining properties as well as improving safety through the establishment of active businesses to help create a more vibrant and safe street presence. Illegal activity. is threatened by legal activity; the proposed re-occupation of the site will help to deter crime, loitering and vandalism. The building and site will be utilized in much the same manner as in the past 58 years and will not have a negative impact the surrounding site. 5 5. The proposed use shall otherwise be permitted by the underlying future land use category, be compatible with adjacent land uses, will not substantially alter the essential use characteristics of the neighborhood; and shall demonstrate compliance with one or more of the following objectives: a. The proposed use is permitted in this zoning district as a minimum standard, flexible standard or flexible development use; b. The proposed use would be a significant economic contributor to the City's economic base by diversifying the local economy or by creating jobs; c. The development proposal accommodates the expansion or redevelopment of an existing economic contributor; d. The proposed use provides for the provision of affordable housing; e. The proposed use provides for development or redevelopment in an area that is characterized by other similar development and where a land use plan amendment and rezoning would result in a spot land use or zoning designation; or f. The proposed use provides for the development of a new, and/or preservation of a working waterfront use. Retail and Office uses are permitted by the "Commercial General" land use category and in the "Commercial" zoning district as a minimum standard, flexible standard and flexible use. New jobs will be generated by the proposed re-occupation. The development offers an affordably priced dwelling unit and as previously discussed in General Applicability Criteria 1 the proposed project is compatible with the surrounding uses. 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. The proposed retail and/or office uses are permitted in the Commercial zoning district. As previously discussed in detail in General Applicability Criteria 1, the proposed re-occupation of the site will not impede the surrounding properties which are of similar size and use. The proposed project may stimulate additional business activity in this area and may encourage redevelopment of other sites. 6 b. The proposed development complies with applicable design guidelines adopted by the City. The East Gateway District of the Clearwater Downtown Redevelopment Plan indicates this area is burdened with a declining business base and an increasing number of vacant storefronts; it is envisioned that this area will continue to be a low and medium density residential neighborhood. supported with neighborhood commercial. and professional offices concentrated along the major corridors of Cleveland Street and Gulf to Bay. This proposal addresses the concerns and visions stated above by encouraging the business base, providing occupancy to a currently vacant storefront and by providing the desired low to medium neighborhood scale commercial development to support and compliment the surrounding low to medium residential neighborhood. The re-establishment of occupancy to the site will further the policies within the Downtown Redevelopment Plan to attract and assist existing retail and personal service establishments in order to create neighborhood employment opportunities, to encourage adaptive re-use of underutilized buildings and to maintain very low, low and medium priced dwellings. c. The design, scale and intensity of the proposed development supports the established or emerging character of an area; The majority of the surrounding sites were developed in the same era and therefore the design, scale and intensity of the existing development supports the established character. Please see Comp. Infill Criteria 4 for discussion of compatibility with the neighborhood. a. 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. 7 The existing building is cohesive, attractive and similar to the surrounding developments, offering an interesting and distinctive building appearance especially from the south where building line comes to a point to match the unique lay of the land. The building also :provides the desired changes in height and building lines along the east with distinctive stepbacks. b. The proposed development provides for appropriate buffers, enhanced landscape design and appropriate distances between buildings. The existing buffers are appropriate and reflective of the surrounding sites and the character of the East Gateway District. This redevelopment proposal includes the addition of new large landscape areas offering the desired enhancement of the site. Termination of status as non-conformity: A. ' A nonconforming use or structure may be deemed to be in conformity with the development code, and may thereafter be allowed to continue and to expand as a lawfully existing use or structure, if such use or structure is granted level two approval in accordance with the provisions of this section. The Applicant is requesting to retain the existing structure for retail and/or office use with an accessory dwelling unit through a level two approval process. B. A structure which is nonconforming with respect to density may be reconstructed on the same parcel with the same density provided Level Two approval is obtained and that: 1. Such reconstruction complies with all other requirements of this Community Development Codes; Reconstruction is not being requested as a part of this Comprehensive in- Fill Project. 2. Such reconstruction does not constitute a change in use. Reconstruction is not being requested as a part of this Comprehensive In- Fill Project. 8 C A level two approval shall not be granted to terminate status as a nonconforming use or structure unless the nonconformity is improved according to the following requirements: 1. - 3. Not applicable see 4. 4. The comprehensive landscaping and comprehensive sign programs may be used to satisfy the requirements of this Section. Please see Comprehensive Landscape Application and Narrative. A comprehensive sign application is not required as no signage currently exists on site; any new proposed signage will require approval and. will meet the code requirements. 2/16/2010 10:11 AM 9 ' ~~~~ Planning Department 100 South Myrtle Avenue Clearwater, Florida 33756 ~ s .`'`~-~'"`'`~-''"-~..~°y ~,~=``°``~ Tele hone: 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 ^ 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) 1' LLLi1LLL ~~~/ LL~1. 111 a'~ v 1 rA-~ppi.i~~ l inN Comprehensive Infill Redevelopment Project (Revised 07/11/2008) PLEASE TYPE OR PRINT A. APPLICANT, PROPERTY OWNER AND AGENT INFORMATION: (Code Section 4-202.A) APPLICANT NAME: Terry R. Kyle MAILING ADDRESS: 230 2nd Avenue S.W., Largo, FL 33770 PHONE NUMBER: 727-586 0495 FAX NUMBER: CELL NUMBER 727-412-1134 - ~ EMAIL: septer5l@tampa.rr.com PROPERTY OWNER(S): Kyle, Jeffrey L., Kyle Mary L., Kyle Terry R., Kyle, Barbara M., C/O Cobb, List ALL owners on the deed Jerry FSQ AGENT NAME: Northside 1';ngineering Services, Inc. - Renee Ruggiero, Senior Project Planner MAILING ADDRESS: 300 S. Belcher Road, Clearwater, FL 33765 PHONE NUMBER: 72 /-443-2869 FAX NUMBER: 7~ 7-44'0-8030' CELL NUMBER: 727-235-8475 EMAIL: renee@northsideengineering.net B. PROPOSED DEVELOPMENT INFORMATION: (Code Section 4-202.A) PROJECT NAME: 1454 Gulf. to Bay PROJECT VALUATION: ~ TBD STREET ADDRESS 1454 Gulf to Bay Blvd., Clearwat-er, FL 33755 TuLL_~~ PARCEL NUMBER(S):' 14-29-15-47016-003-0120 PARCEL SIZE (acres): ' . 14 Acres PARCEL SIZE (square feet): 6 , 204 SF LEGAL DESCRIPTION:; Knollwood Replat Blk.3 Lot 12 PROPOSED USE(S): Retail/Office with One (1) Dwelling Unit DESCRIPTION OF REQUEST: See Narrative Specifically identify the request ---_~___~_~~ (include number of units or square ---- -----------_ footage ofnon-residential use and all __ ____,-___,__,__._ requested code deviations; e.g. reduction in required number of -------------- parking spaces, specifc use, etc.) C:\Documents and Settingslderek.ferguson\Desktoplplanning dept forms 0708\Comprehensive Infill Project (FLD) 2008 07-11.doc Page 1 of 8 • DOES THIS APPLICATION INVOLVE THE TRANSFER OF DEVELOPMENT RIGHTS (T~R), A PREVIOUSLY APPROVED PLANNED UNIT 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 -Explain 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. SEE ATTACHED NARRATIVE 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. SEE ATTACHED NARRATIVE 3. The proposed development will not adversely affect the health or safety of persons residing or working in the neighborhood of the proposed use. SEE ATTACHED NARRATIVE 4. The proposed development is designed to minimize traffic congestion. SEE ATTACHED NARRATIVE 5. The proposed development is consistent with the cominuniiy character of the immediate vicinity of the parcel proposed for development. SEE ATTACHED NARRATIVE 6. The design of the proposed development minimizes adverse effects, including visual, acoustic and olfactory and hours of operation impacts, on adjacent properties. SEE ATTACHED NARRA`T'IVE C:\Documents and Settings\derek.ferguson\Desktop\planning dept forms 0708\Comprehensive Infill Project (FLD) 2008 07-11.doc Paye 2 of 8 WRITTEN SUBMITTAL REQUIREMENTS: (Comprehensive Infill Redevelopment Project Criteria) ^ Provide complete responses to the six (6) COMPREHENSIVE INFILL REDEVELOPMENT PROJECT CRITF_RIA -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 SEE ATTACHED NARRATIVE 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 SEE ATTACHED NARRATIVE ~__~ 3. The development or redevelopment will not impede the normal and orderly development and improvement of surrounding properties. SEE ATTACHED NARRATIVE 4. Adjoining properties will not suffer substantial detriment as a result of the proposed development. SEE ATTACHED NARRATIVE 5. The proposed use shall otherwise be permitted by the underlying future land use category, be compatible with adjacent land uses, will not substantially alter the essential use characteristics of the neighborhood; and shall demonstrate compliance with one or more of the following objectives: a. The proposed use is permitted in this zoning district as a minimum standard, flexible standard or flexible development use; b. The proposed use would be a significant economic contributor to the City's economic base by diversifying the local economy or by creating ~ti~ I~~.,; 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 propcs~d use prcvides for the development of a new and/or preserlatlnn of a .^ierkin9 waterfront ~i iga_ SEE ATTACHED NARRATIVE 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; Ll Building stepbacks; and ^ Distinctive roofs forms. e. The proposed development provides for appropriate buffers, enhanced landscape design and appropriate distances between buildings. SEE ATTACHED NARRATIVE C:\Documents and Settingslderek.fergusonlDesktop\planning dept forms 07081Comprehensive Infll Project (FLD) 2008 07-11.tloc Page 3 of 8 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, including 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 ^ At a minimum, the STORMWATER PLAN shall include the following; ^ Existing topography extending 50 feet beyond all properly 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 including all calculations and data necessary to demonstrate compliance with the City manual ^ Proposed stormwater detention/retention 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) __ _ _ stormwater plan as noted above is included X stormwater plan is not required and explanation narrative is attached. At a minimum, a grading plan and finished floor _ _ elevations shall be provided. Request is to retain existing building and .site improvements; no alterations requested. CAUTION - IF APPLICATION 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 requirerrrents, contact the City Public Works Administration Engineering Department at (727) 562-4750. F. SUPPLEMENTAL SUBMITTAL REQUIREMENTS: (Code Section 4-202.A) ~ SIGNED AND SEALED SURVF_Y (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 species, 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 N/Asuch trees; No Trees Exist on Site ~ LOCATION MAP OF THE PROPERTY; C2i 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; See Provided Parking Study ^ GRADING PLAN, as applicable; All Existing ^ PRELIMINARY PLAT, as required (Note: Building permits will not be Issued until evidence of recording a final plat is provided); N/A ^ COPY OF RECORDED PLAT, as applicable; N/A C:\Docurnents and Settinyslderek.fergusonlDesktop\planning dept forms 07081Comprehensive Infill Project (FLD) 200807-11.doc Page 4 of 8 G. SITE PLAN SUBMITTAL REQUIREMENTS: (Section 4-202.A) CAF 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 (minirnurn scale one inch equals 50 feet), and date prepared; u 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; All required sight triangles; Idenfificatibn 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 ofall outdoor lighting fixtures; Location of all 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 C~ SITE DATA TABLE for existing, required, and proposed development, in written/tabular form: Land area in square feet and acres; Number of EXISTING dwelling units; Number of PROPOSED dwelling units; 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; _.._.~_ Offcial 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. EXISTING REQUIRED PROPOSED See Site Data Table on Civil Cl.l I~ REDUCED COLOR SITE PLAN to scale (8'/zX 11); ^ N~~OR 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; C:1Documents and Settings\derek.fergusonlDesktop\planning dept forms 0708\Comprehensive Infll Project (FI_D) 2008 07-11.doc Page 5 of 8 H. LANDSCAPING PLAN SUBMITTAL REQUIREMENTS: (Section 4-1102.A) 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 eet an __ _ _ percentage. covered; Conditions of a previous development approval (e.g. conditions imposed by the Community Development Board); ~X Irrigation notes. ^ REDUCED COLOR LANDSCAPE PLAN to scale (8'/2 X 11); l~ 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) ^- BUILDING ELEVATION DRAWINGS -with the following information: All sides of all buildings Dimensioned See Photographs of Elevations on Civil Colors (provide one full sized set of colored elevations) Sheet C3 . 1 Materials ^ REDUCED BUILDING ELEVATIONS -same as above to scale on 8 %2 X 11 J. SIGNAGE: (Division 19. SIGNS /Section 3-1806) No Signage Exists on Site - Any New Proposed Signage Shall Require Permit ^ 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'/2 X 11) (color), if submitting Comprehensive Sign Program application. C:\Docurnents and Settings\derekferguson\Desktop\planning dept forms 0708\Comprehensive Infill Project (FLD) 2008 07-11.doc Page 6 of 8 K. TRAFFIC IMPACT STUDY: (Section 4-202.A.13 and 4-801.C) ^ Include if required by fhe Traffic Operations Manager or hislher 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 twelve (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 with 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 musi include a summary table of pre- and post-development levels of service for ail _ _ roadway legs and each turning movement at all intersections identified in the Scoping Meeting. XX Traffic Impact Study is not required. CAUTION - 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 requirernenfs, contact the City Public lNorks Administration Engineering Department at (727) 562- 4750. L. FIRE FLOW CALCULATIONS/ 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% of its rated capacity. Compliance with the 2004 Florida Fire Prevention Code to include NFPA 13, MFPA 14, NFPA 20, 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. XX Fire Flow Calculations/Water Study is not required. CAUTION - IF APPLICATION REVIEW RESULTS IN THE REQUIREMENT FOR A 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 in this application are true and accurate to the best of my knoy/le~lge and authorize City representatives to visit and pho o aph the property described in this application. re of property owner or representative STATE OF FLORIDA, COUNTY OF PINELLAS Sworn to and subs ribed before me this _~~ day of ~~~^•E`" t^fia~ *c~, A. D. 20 r~ to me arad~er»byd {9L?1.,1 ¢' 2 ~j°~'Yr who is pe sonally known has produced 1"~ ~ ~.,. , as identification. ,~ ^~ q' ~a Notary public, My commission expir~s: jf (~ , r ~ I~d~1'P,'1~I'df'C,t)1tiID~~. _ .LL Tl1l P'~17 n+1 CJ \~\J111111.I i~J1\/11 II L1.~JJ 1-1 i.1V C:ADocuments and Settingslderek.ferguson\Desktop\planning dept forms 0708\Comprehensiv~ lnfill ~~~j~u,J;(FI~)l~p0~;~7 5r,1?d~b Page 7 of B ;:,~~ ~e~l '~'hrir t~.d;urri~ Lunc?inh (.u., lair, ~S@AI.«m ~ CITY OF CLEARWATER ~~_~!- ¢ AFFIDAVIT TO AUTHORIZE AGENT y -- 04 PLANNING & DEVELOPMENT SERVICES ADMINISTRATION 9h'ATEaw MUNICIPAL SERVICES BUILDING, 100 SOUTI-I MYRTLE AVENUE, 2"`' FLOOR PHONE (727)-562-4567 FAX (727) 562-4576 (Name of all property owners) That (I am/we are) the owner(s) and record title holder(s) of the following described property: f,,..~y r- ,% (Nature of request) 3. That the undersigned (has/have) appointed and (does/do) appoint >!~7~?-~-~~SiG/t' any petitions or other documents necessary to affect such petition; 4. That this affidavit has been executed to induce the City of Clearwater, Florida to consider and act on the above described property; 5. That (I/we), the undersigned authority, hereby certify that the for gong is true and correct. `~~_._.,_ Property OSVne Property Owner r'~ ~a STATE OF FLORIDA, COUNTY OF PINELLAS ~'_„y,,' Before me the undersigned, an officer duly commissioned by the laws of the State of Florida, on this ~ day of ~~ . personally appeared ~ ~ ~ `~ ~ who having been first duly sworn deposes and says that he/she fully understands the contents of the affidavit that he/she signed. My Commission Expires: ~ ~.~/(g~~, f ~ S: application forms/development review/Affidavit to Authorize Agent ~'1~"°'~ Notary Public P~'~.I"1~',_I',.Y 1'UI:r 1,,,..4, iATp}~ Uf' TLI~zyy_R1DA r.;i,., `'t')G',;t~~ .~'a.~.I7.t ~~.. tTQf',1 /~Catttn~i~,ion #DDi>31433 -; 1~~_i~ir,~s: ICI/'~Y (13, '~t)7.(t ilondi:d t'hru F.lla.ztic i3or~di?!~' Co., Lnr.. (Address or General Location) 2: That this property constitutes the property for which a request for a: LETTER D F AUTI-I D RIZATI D N This letter will serve as authorization for Housh Ghovaee (agent Name) with Northside Engineering Serui`ce-s, Inc. to act as an agent for 1~ fir.( ~~ ~~::__~._-:,;~ `~.~c~:._;___~~_ ~~~ :~. ~ ~ ~ U (Prop~dty Owner's Name) '~`y, And to execute any and all documents related to securing permits and approvals for the construction on the property ;-~ roperty Loca Pinellas County, State off}FLORIDA Signature"of P~'" erty Owner `` ~ Address ofi Properly Owner City/S~at~/Lip Code ~generally,l~ c ted at /~, /.S'IC' ~' ~ ~~~~ Print Name of Property Owner: Title Telephone Number State of ~ ~ The foregoing instrument was acknowledge before me this ~ da Y County of ~ l t~~ ~ of _, 20 e~, by ~~ ~ ~~ who is personally known to me or who has produced ~ • ~°~ r~~2~,~' pUi3r >c s c~r~ o;µ ~a ~~~In ~. ~Oel . Cafn~~>~siorl#tkD5314~~ Cx~ires 1VIAY 03, 201(1 ~ansled ~9uu Aflautic Bonding Co., Inca as identification and who ~,i~ (did not) take an oath. s ~~ `~`°^°Y ~°~~~'° " ~' ~ Notary Public (Signature) Commission # ~~~, -~ ~~ (SEAL ABOVE) ~'~~Name of Notary Typed, Printed or Stamped) ~AM A. ~ ~ TT E R (~ ~ A U T I--I' C] ~ 1 ~ AT I C :Wl t'~I This letter will serve as authorization for Waush Ghovaee (agflnt Narnc) with NOirCH~~~o ~I~~I~nCeirln~_~Dr1t~e~S~ 1~1~. to act as an agent for ~VProperty owner's Nanl~?) And tc execute any and III documents related to securir7c~ permits ~ncl approvals for the construction nn the property generally located at ~. (Property location) Pin ll s _Caun~, St . t of FLURIdA. _ ~~ ~ignatr perty (~wr~er Print Nart~e o't Property Owner R,ddr~ss of ~'ro;,erty ~vh:nsr , ;, ,, ~lity ate~Z~ip od~~ ~_ ~ 1 ~~f rOr~~'J....-- ~) C J ll.~~~°J Title .,..--~--.... 1'olephone Number State of~~._,~,._ That fc,regc~ing instrument wes acknawiedge beiure ri°~d this ~„~ d=>y County ofi ~--YJ~1..t~~' of WL.I~, 2C1~, ~Y , °.f ~~t~~ 1_, I~ a .ti~~.,_~.9_Y~~~. ~ ~~ _~_~:.. J~ ~~ ~.~ .`' ~ w NoT'~9 2 ~ _ .. MY Conlm. Expires a = Marcli g, 20 r4 ~~ AUK L I G ~U~.. ors /r-~ ,~~ , o~ `A~o ~ COON >~`` OBAIA11I111~~~ (S~AI.. AB©VE) who is personally known to me or wtia his produced as identification ~nri who clid (did not) t~kc~ an oattr, -~~~!Y1, ., ~)~ Notary Public (Si ratul-e) ~ip171n1I5510n 7`~ E7 (Name of Notary Typed, Printed ar St~rnped) c.d IiHrl : rT Eo~~~. Div ..}~,o r~~r~~Trr,~~`: ~orr ;H~ ~~o~~ ;~~~~r: i~io~~ Northside x~p ~,,~~~stB~J~e,vP~ ~iPJtffGG('~L, ~C. January 07, 2010 Mr. Scott Kurleman Planner III City of Clearwater Planning Department 100 S. Myrtle Avenue, #210 Clearwater, FL 33756 RE: FLD2009-12044 1454 Gulf to Bay Boulevard Response to DRC Comments/Conditions NES# 928 Dear Mr. Kurleman: ~~~d~t~tl:u ~~?'~,aAo,G,~g~',INU^31d,~, • The following information is provided in response DRC Comments dated January 7, 2010. ENGINEERING (Prior to Issuance of Building Permit) Applicant shall obtain permanent address assignments from the Engineering Department NES Response: Per discussion at DRC site will. use the address of 1454 until permitting and occupancy is finalized. ENVIRONMENTAL No issues Please Note: An Asbestos Survey is usually required prior to conducting any demolition or renovations. Please contact Pinellas County Air Quality (464-4422) FIRE CONDITION (Prior to Issuance of Building Permit and/or Occupancy) NES Response: Items 1-4 are acknowledged and shall be met prior to issuance of building permit and/or occupancy should building permits not be required. HARBOR MASTER: No comments. LEGAL: No comments. LAND RESOURCES: No Issues. LANDSCAPING: No comments. PARKS AND RECREATION: No Issues -commercial property, less than 1 acre, bringing up to code. STORMWATER: No Issues. SOLID WASTE: 1. That '' dumpster service to be arranged with the Solid Waste Dept. prior to the issuance of an occupational license or certificate of occupancy. Dumpster enclosure to code, Residential unit will have to start service. Please contact Tom Glenn - 727-562-4930 NES RESPONSE: Acknowledged, prior issuance permit or Certificate of Occupancy, container and enclosure requirements shall be determined based upon actual end users and provided to the satisfaction of the Solid Waste Department. TRAFFIC ENGINEERING: The following to be addressed prior to a Building permit: 1. Provide wheel stops where parking stalls abut a sidewalk to prevent a parked vehicle from over hanging onto the pedestrian walkway. 2. Include a detail sheet of a City standard accessible parking space and sign. 3. Accessible parking space shall be to current ADA standards including accessible ramp. 4. Bring all parking stalls to current City standards and show proposed pavement marking dimensions for parking stalls. 5. Attain aright-of--way permit prior to construction. NES RESPONSE: Several of the comments above were deleted/removed based upon subsequent meetings with Staff and it was determined that the parking spaces located along Gulf to Bay may remain until the Streetscape Program for area is ready to commence. At such time the City will notify the property owner and compliance will be required as per the plan in place at that time. Three new on- street parallel parking spaces are provided on revised plans along San Remo as per our discussion at the subsequent meeting. The Demolition plan has been revised to show removal of the majority of the +pavement in the rear of the building (eastern) except for required walkways and such. The existing handicap parking space is shown on the plans with the require 5' access aisle and signage as per code. A trash staging area has been provided with a note which states "Exact container and enclosure requirements to be determined by Solid Waste Department based upon actual end user". Please also see response to Solid Waste Department Comment. All work shall be completed prior to Certificate of Occupancy as per our discussion at subsequent meeting. GENERAL NOTE(s): 1. Applicant shall comply with the current Transportation Impact Fee Ordinance and fee schedule and paid prior to a Certificate of Occupancy (C.O.) 2. DRC review is a prerequisite for Building Permit Review; additional comments may be forthcoming upon submittal of a Building Permit Application. NES RESPONSE: Above General Notes acknowledged. PLANNING: 1. Remove pavement at extreme southern corner ofproperty and provide landscaping. NES RESPONSE: Per discussion with Scott Kurleman this requirement has been deleted. 2. A condition of the DO, will be that (1) the mildew and rust is removed from the building and then painted and (2) all meters and utility boxes on the building are painted the same color as the building. NES RESPONSE: Acknowledged. 3. Provide an analyst based on mixed use requirements. NES RESPONSE: Per discussion with Scott Kurleman as a Comprehensive In-Fill Project the required columns of the Site Date table should indicate N/A; this requirement has been deleted. 4. Narrative states an ISR of 0.88 and site plan states 0.94? NES RESPONSE: After the required changes associated with the removal of the majority of the asphalt in the rear of the building and the required installation of the new landscaping the revised number of ISR is.077, please see revised narrative and site data table. 5. Termination of Status of Nonconformity is no longer needed. NES RESPONSE: Acknowledged. 6. Remove parking in Right - of -Way and explore the possibility of providing parallel parking on Cleveland Street. NES RESPONSE: Through subsequent meetings it was determined that the parking in the ROW does not need to be removed until the Streetscape Program is in place and ready to move forward. Three parallel parking spaces have been added within the ROW of San Remo as per your request. 3 7. Revise. Survey has an incorrect lot number, plat book and page member. NES RESPONSE: Please see revised corrected survey. 8. Provide a site plan delineating the off street parking surplus as described in the parking demand study. NES RESPONSE: Please see aerial map within the Parking Study which identies the location of the off-street parking surplus. 9. Revise. Wall on North is not shown on site plan or survey. NES RESPONSE: Wall is not located within. property boundary, wall is located on the property to the north. 10. Provide awnings or other architectural features as required under Comp Infill #6. d. NES RESPONSE: Acknowledged, prior to issuance of building permit above referenced comment must be complied with. Thank for the opportunity to address these outstanding issues; I trust that this information will be sufficient to allow the project to move forward. However, should you require additional information or clarification, please contact me and I will respond immediately to any outstanding concerns or questions you may have. Sincerely, -° ~:. f°' j ~~ ~~~ ~~~.. Renee Ruggiero, Project Planner cc: NES file 928 4 IN TI-IE CIRCUIT COURT IN AND FOR f'INEI_LAS COUNTY, FLORIDA CIRCUIT CIVIL CASE NO. 08-014860-CI-15 JEFFRF_Y L. KYLE and MARY L. Ll~~°~ ~5~~,' 4;'' ~%'C ~~;~~~'~~~~~'~~ ` ~~~ ~~ ". KYLE, his wife; and TERRY R. KYLE and BARBARA M. KYLF_, his wife, VS Plaintiff,. JACOB KORKIS and CITY OF CLEARWATER, Defendants. KEN BURKE, CLERK OF COURT PINELLAS COUNTY FLORIDA INST# 2009164893 06/24/2009 at 08:49 AM OFF REC BK: 16622 PG: 51-51 DocType:DEED / t~ I~ 41'i~IS~q'I lif ~ c~.iy i:i l~~. µ~ d t ~( ,~ I1 1il'~4q ,il i. _ t ~f tr9'ci.£ 1 t)t.ti~f7~i , .v, µ4 ~.j p:~..,•.~S ~_~ti :.~ ~. ''._ f 11Z11111.~ Vtli,/~y CERTIFICATE t~F TITLE ~'~ ~~,. ,-•.' j,: The undersigned Clerk ofthe Circuit Court certifiesthat he executed and filed a Certificate of Sale in this action on June 3, 2009, forthe property described herein and that no objections to the sale have been filed within the time for filing objections. The following property in Pinellas County, Florida: l_ot 12, Block 3, of KNOLLWOOD REPEAT, according to the map or plat thereof,. as recorded in Plat Book 21, Page 70, of the Public Records of Pinellas County, Florida Property Address: 1454 Gulf-To-Bay, Clearwater, FL 33756 was sold to: Jeffrey L. Kyle and I`~lary L. Kyle, his wife, and Terry R. h:yle and Barbara M. Kyle, hiswife whose address'is` C/O Jerry C. Cobb, Esquire, 501 WITNESS;my hand and seal of this Court on ., _ , ;I, F ~, ~- ,, ~ ~ ;. .s ,:: n; ~ ~..,1] ~'' say (COUrtrSP~ir~, , s ~' ,v,~ ~,~ ~~' r Copies furnished to;,•" S. Ft. Harrison Ave., #206, Clearwater, FL 33756 ~' ~ z ~,~ t ' ~~,~;,;. , 2 0 0 9. ~,~KEN BURKE CLERK OF CIRCUIT COURT , eputy Clerk JERRY G. COBB,:ESQUIRE, 501 S. Ft. Harrison Ave., #206, Clearwater, FL CITY OF CLE;ARWATER, Attention: Camilo A. Soto, Assistant CityAttorney, 112 S P.O. Box 478; Clearwater, FL •33758-4748 JACOB KORKIS, 1001 Pearce Drive, #310, Clearwater, FL 33764 ' K(I;I .t" I 33756-,.1 ~:1-, . , i i ,....-', 1 ~ ; 1;: 1 ! l 1 :: .Osceala Av~n,u~,! „ I,, 1 . ,. , ., ,. I::...,.I ,::::, : 1.... I ~ ~:::::: •.. r,:'r ~I ,..~ C~'I . ~..I ~ .:::P ~! . ...;..1 ........ ,... ~::I.: i ~' .. ~::.... ;......,i. . . ~i is . ... :. 1..~, .•..I...~ ......... :: u • i~..... ;!~ I.. ~i. ... , l ~ , ...,..! :: is 1...1...1 I..,...r. I'' :1 '::: ~::i .... ':~ 1 ..._ . ~:::... ~... . I;1„•. ........1 ........ : I I :::....1 1 :: .. ...... ..... ...:.., :. I .... ~..1 ' I.....::1 i .:I ...~vl N THE CIRCUIT COURT IN AND FOR PINELI_AS COUNTY, FLORIDA CIRCUIT CIVIL CASE NO. 08-014860-CI-15~ JEFFREY l_. KYLE and MARY L. KYLF_, his wife,'and TF_RRY R. KYLE and BARBARA' M. KYLE, his wife, Plaintiff,', vs. JACOB KORKI~ and CITY OF CLEARWATER, Defendants. CERTIFICATE OF NC7 DISBURS~IVIE~ITS The undersigned Clerk of the Circuit Court certifies that he disbursed the proceeds received from the sale of the property as provided in the Order of Final Judgment to the persons and in the amounts as follows: NAME FOR AMOUNT No monies received or disbursed by the Clerk The property herein foreclosed having been Purchased by the PlaintiFfs TOTAL: 0 ,,. WITNESS my hand and seal of this Court on ~~: , 200. ~~ KEN BURKE CLERK OF CIRCUIT COURT (Court Seal) - -:~ ~ , ~ ~~ Deputy Clerl< Copies furnished to: JERRY C. COBB, ESQUIRE, 501 S. Ft. Harrison Ave., #206, Clearwater, FL 33756 CITYOF CLEARWATER, Attention: Camilo A. Soto, Assistant CityAttorney, 112 S. Osceola Avenue, P.O. Box 4748, Clearwater, FL 33758-4748 JACOB KORKIS, 1001 Pearce Drive, #310, Clearwater, Fl_ 33764 IN THE CIRCUIT COURT IN AND FOR PINELLAS COUNTY, FLORIDA CIRCUIT CIVIL CASE NO. OB-014B60-CI-15 JEFFREY L. KYLF_ and MARY L. tPr ~t~%,~~~~1~?!r~ ~ ~"~~,~ ~\~` -~ KYLE, his wife;;and TERRY R. KYLE and BARBARAM. KYLE, his wife, KEN BURKE, CLERK OF COURT P la l n trFf'„ PINELLAS COUNTY FLORIDA INST# 2009164893 06/24/2009 at 08:49 AM OFF REC BK: 16622 PG: 51-51 VS. DocType:DEED JACOB KORK(S and CITY OF CLEARWATER', Defendants. _W - ~i.~+~'.kEF;Ol4..~°t'r.t ti, ~ .I1: i i~ I'....., ~/.'~..."~. i i CERTIFICATE ~F TITLE ~'/ ~~.r -.~~ ~ ~..~ ~~~ .~,~ ~i°,,~ ~i,ii, ,:~;~~~4b 1 The undersigned Clerk ofthe Circuit Court certifies that he executed and filed a Certificate of Sale in this action on June 3, 2009, forthe property described herein and that no objections to the sale have been filed within the time for filing objections. The following property in Pinellas County, Florida: Lot 12, i3lock 3, of KNOLLWOOD REPEAT, according to the map or plat thereof, as recorded in Plat Book 21, Page 70, of the Public Records of Pinellas County, Florida Property Address: 1454 Gulf-To-Bay, Clearwater, FL 33756 was sold to: Jeffrey L. I{yle grid Mary L. Kyle, his wife, and Terry R. Kyle and Barbara M. Kyle, his wife whose address is: C/O Jerry C. Cobb, Esquire, 501 S. Ft. Harrison Ave., #206, Clearwater; FL 33756 WITNESS my hand and seal of this Court on ~~ ~'~'~~~~~~ ~1~==~ _, 2009. ~, , ' .,,~t,,, s~~KEN BURKE f \ ~ k~<t'ga aye ,. n CLERK OF CIRCUIT COURT ,~ 1 U U /~ 4 ,. ,~ ~~-~ _.(~C~~.III ~e44 C~~1~1 ~~~ ~J'../( ~l, a/~~J~pd~',~~~/~/1~:~'~~'re- f~~"`y ,,~u.~,,,..,~~..:.. , ~ ~'C.'::,~ - ~ '~. eputy Clerl< ~ ~- -~~, ~,•~ it ~;'. ~ i~~ii ~i Copies furnished to,~ , .:' ~ ~~- ~:.,~ i..~...~ JERRY C. COBB, .ESQUIRE, 501 S: Ft. Harrison Ave., #206, Clearwater, FL 33756-~ ~ ~ '~ ;`; ~ '„ ; ',~' ~,; , ;: CITY OF CLEARWATER, Attention: Camilo A. Soto, Assistant CityAttorney, 112 S. Osc~r~la Av~F1Ul;~;';; : i;; ;;i ,;,, ,_, P.O. Box 4748,, Clearwater, FL 33758-4748 i. i ~ ~ ~ .~ :": JACOB KORKIS, 1001 Pearce Drive, #310, Clearwater, FL 33764 1 i ~'~ ' I ~ i ~~~ i ,,. ,.. ,..., ,;..... ,. , i-... ,,...... , ....; .: ,.., .::::;. i ~~::,::~ .,... ; ,~ ,.. _, . :: '::; i.,.,..i i.....~ i.! i:;r........:i f.;"7 i,,,.,,i ~,.....~ i i c'.. ~ ~ CS :~ r. .:. i::'".5 i...~.1 ..... .... li"i IN THE CIRCUIT COURT IN AND FOR P(NELLAS COUNTY, FLORIDA CIRCUIT CIVIL CASE NO. 08-014860-CI-15 JEFFREY L. KYLE and MARY L. KYLE, his wife,:and TERRY R. KYLE and BARBARA M. KYLE, his wife, Plaintiff, vs. JACOB KORKIS and CITY OF CLEARWATER, Defendants. CERTIFICATE OF fV~ ®ISi3URSEIVIENT~ The undersigned Clerk of the Circuit Court certifies that he disbursed the proceeds received from the sale of the property as provided in the Order of Final Judgment to the persons and in the amounts as follows: NAiVIE FOR AMOUNT No monies received or disbursed by the Clerl< The property herein foreclosed having been Purchased by the Plaintiffs TOTAL: 0 WITNESS m hand and seal of this Court on ~~~~~'~`~~~~~~~'~~ 2009. Y , ~~~ KEN BURKE CLERK OF CIRCUIT COURT (Court Seal) ; ~~ >~ Deputy Clerl< Copies furnished to: JF_RRY C. COBS, ESQUIRE, 501 S. Ft. Harrison Ave., #206, Clearwater, FL 33756 CITY OF CLEARWATER,, Attention: Camilo A. Soto, Assistant CityAttorney, 112 S. Osceola Avenue, P.O. Box 4748, Clearwater, FL 33758-4748 JACOB KORKIS; 1001 Pearce Drive, #310, Clearwater, FL 33764 s-~ -- ) ~1. ~ ~=1 1NST #~ 93-364277 DEC 16, 1993 3:54PM PINELLAS COUNTY FLA. This Instrument Prepared OFF.REC.HK 85D5 PG 583 By and Return te: (pmy) John E. Slaughter, Jr., Esquire Richards, Gilkey, Fite, Slaughter, Pratesi & Ward, P.A. 1253 1°ark Street Clearwater, Florida 39616 PERSONAL REPRESENTATIVE'S DEED TIiIS I17DENTURE, made this ~~ day of December, A.D. 1993, between Jeffrey E. Kyle and Terry R. Kyle, as Co-Personal Representatives of the Estate of Anne E. Kyle, Deceased and Jeffrey '4~uc~~'~~"~' E. Kyle, a married man, Individually and Terry R. Kyle, an arc unmarried man, Individually, Grantors, and KYLE'S CLOCK SHOP, INC.,,- Ds ----~' a Florida corporation and whose mailing address is 1454 Gulf To Hey.' ~T - Boulevard, Clearwater, Florida 34616, Grantee. , F13f~S I ~ M1T _---- W I T N E S S E T H ~~ ~, P/C - -~% ` 2uti' That the Grantors, Individually, as residuary beneficiaries - under Item Five of the Last Will and Testament of Ann¢~E. Kyle\\ ~~'~~~^LI.~~~'-, dated December 18, 1989 and as Co-Personal Representativles of thA J Estate of Anne E. Kyle, Deceased, pursuant to the general power anc`l, authority of sale contained in the Last Wi11 and Testament~o~'s'aid Decedent, in the Circuit Court for Pinellas County, Florida, Probate Division Number 93-1367-E3 in consideration of the payment of the sum of Ten Dollars ($10.00) and,`pther valuable considerations, receipt of which is hereby ackt~owled~e~, have granted, bargained, sold, aliened, remised~~i-eJ.ease~l,`,o6nveyed and confirmed, and by these presents does gran, \ baztia~.n,. sell, alien, remise, release, convey and confirm unto the\\~radtee;.its heirs and assigns forever, all of the right, t~tl~e and\'~rtterest of Anne E. Kyle,; Deceased, in and to the £ollowing`,d~scr',~J~ed premises situate in Pinellas County, Florida, to w,i~t:'; \ // ` \~ V ""Lot Twelve (12), Block ~T,{~ree (~3) ~qf KNOLLWOOD REPEAT, according to the map or p14i~ thered,f'I as recorded in Plat -Book 21, Page 70, of thie Public Records of Pinellas County, .Florida. ~ ~ ~ -- .` :Subject to easemexf~s, restr~:ations and reservations of record and taxas~~and',assey~ments for the year 1993 and thereafter. ,~ :,Parcel #14;'29'-15~.70'1~6'1703-0120 ~~` T2'iis pro~,ert~'ib oat the homestead of Jaffrey L. Kyle and T,eY~y R 7tyle. ., fThis~Deed ism being recorded to correct a scrivener's error in 'thee\xc~arital ~iiatus of Terry R. Kyle in that certain Personal >"Re~res~ntativrt's Deed recorded in O.R. Hook 8494, Page 1009, of the Pt1ia1}c Records of Pinellas County, Florida. ~~~I'o-\~AVE AND TO BOLD all and singular the above granted pr~e3~se~s,- d~,ogether with the appurtenances and every part thereof Ltnta the Grantee, its heirs and assigns forever. ~~ ~~~ `\ ', 1'fY' WITNESS WHEREOF, the Grantor, as Co-Personal Representa- tive~s aforesaid, have hereunto set their hands and seals on the day aryd,'year first above written. '83gned, sealed and delivered in our presence as witnesses: i Primss Na e: erTc JEF L K LE, ndividually LA\v OfFIC C30R , ~ an o ersonal epresentative RIOIInflD$, GILHEV, FITe, . ~7~. , ~ of the Estate of Anne E. Kyle, SLAUGRTER, PRnTE51 r t W' ness Name. ; ~\1~6,y Deceased & WnRD, r.n. J I ,f CLEaRWATF. P. FLO RIDn ICARLEEN F. DEBLAKER, CLERK RECORD VERIFIED BY:(tF .'. I I 1 I ~1 II ---_. I -. '~ ` `\ II . ~ _ , -- .` \ ~~ ' I I~ PINELLAS COUNTY FLA. OFF.REC.BK 8505 PC, .584 lAW OFFIC E.^. OF R (CHARDS. GILNEV. FIT F. SLAUGNTEp. PRATES( 6 WARD, P.A. CLEARW/~TE R. FLO RIDn ~J . Print Witness Name: e~}rq r J Pri Wi e s Name. STATE'OF FLORIDA COUNTY OF PINELLAS --~"~~ . TERRY R. KY ~, Indiv.d ly and as Co-Personal Represe ative of the Estate of Anne E. Kyle, ,•!/,~ Deceased - o ary c Commission No. CP 1..10,5/ _ '-- ,. My Commission expires: \ ` ~ \ ~ . ~ ~' __ R~r,';"•'jjf. TIFFANY KINWORTHY ; u co s ax ~ c tf n # r us~ s~ sl c z ~~ , 1 p(PINfB: Aueua118, 1808 , i i i ''/.,p~~.~' Balled Tluu !b'Jry NBRC UndrwAtNr -- I HEREBY CERTIFY that on this day personally appeared before. me, an officer duly authorized to take acknowledgements, J'EFFREY~T,~ KYLE, Individually and as Co-Personal Representative of the Estate of Anne E. Kyle, Dec ased, who is personally known to me car--~~k~s, pr-edu;eed 7`j~(,~ -as--ident-r~.iea-t-ign .aftd~ hE:, is the person described in and .who executed the ~ ~ersonal• Representatives' Deed, and he acknowledged then and there; ]before ~~~, that he executed the same for the purposes therein expressed. ~~ !WITNESS my hand and official seal this ~ day of Des@t~ex; 1993, 1 ' ~~ Name• Notary/~PUb ~ commissi~dp Nq:,~ ./ My~ C,ommissi,dn expires: _ _ `,~tiSwFjjy ~ ~TIFFA'NYgNWORTHY _ , : l.; ~~ `M~"FaMUS.sror~ ~ cc rtosie ' ~~ ~ a IRES: Aupuri /B. ID08 STATE OF FLORIDA '~ 1~ •°~r,."'~ T""'r~ornrP"°°`uldvrnron COUNTY QF PINELLAS ~,'~ ~ ~~ I HEREBY CERTIFY that, d~`~hig`day,personally appeared before me, an officer duly authgtizetl,to take acknowledgements, TERRY R. KYLE,, Individually and ah Cot.~ei•~bnal Representative of the Estate of Anne >;. Kyle, Decees`ed,~who is~personally known to me ~wh.~-ham preeltt+ced '~)~Q.. ~ '-en and he is the person ,flescrib~n and who executed the Personal Representatives.'" heed„sand tle acknowledged then and there before me that he executdd`th~,same tai the purposes therein expressed. 'WITNE5S_ni~liaRd`and official seal. this _[~'yday of December, 1993. "',' ~. `, 1 , ~~ ~ I 1 ~ ~ , 1 ~ ~` . ~. i ~ i i ~` ~ --' Na , inwo '- N t i . ':;111;,1,; i $1f1:50 i•, air SR .'1 11 1 11 _ 11 ---_1 . -'-- ~. `~ `~ ~. I ~. . ~ -- .\ , ~~ ' 1 .~ II..~^I t HCC011Ui!'ll": f~[•.C i~S,d illl:: t:i -- -... ~~ ^ U5 _. ,...... liJ'f . _. .._ ~PfG _,_,. ...._ GE~~T __ -._._. FEE S _____ . !.4~i F .----._ I R'3V ---•-•• -.. I `rii rai..J~_~ µ~ r?:u ~. 1 ~'; i~_ r' j ,. 1.~ 1 v l c. .. I.A W fll'1 ICI "• 111 f31CI1A IIIY. GII. M I" V, I I11 SLAI KrI II FII. 1'11A 11 it 6 WAH111~ A CI.l:A IIWA 1111,11 id.i11A INST y 93-354230 DCC 7, 1993 4:51 Ph] 'Phis Instrument Prepared Hy and Return to: (pmy) John E. Slaughter, Jr., Esquire Richards, Gilkey, Fite, Slaughter, Pratesi & fJard, P.A. 1253 Park Street Clearwater, Florida 34616 PINELLAS COUNTY FLA. OFF.RLC.BK 8494 PG 1009 PERSONAL REPREBENTATIVE'9 p~ED THIS INDENTURE, made this _(Q___h day of pecember, A.D. 1993, between Jeffrey E. xyle and Terry R. Kyle, as Co-Personal Representatives of the Estate of Anne E. Kyle, Deceased and Jeffrey E. Kyle, a married man, Individually and Terry R. Kyle, a married man, Individually, Grantors, and KYLES CLOCK 5!iOP, INC., a Florida, corporation and whose mailing address is 1454 Gulf To Bays Boulevard, Clearwater, Florida 34616, Grantee. ~~ ,: W I T N E S S E T H ~,' That the Grantors, Individually, as residuary benefic.i!aries under ,Item Five of the Last Will and Testament of Anne E~.. `XYle dated December 18, 1989 and as Co-Personal Representatives o~~the~ Estate of Anne E. Kyle, Deceased, pursuant to the general power anH~ authority of sale contained in the Last Will and ~'egtament of said Decedent, in the Circuit Court for Pinellas Cqugty, Florida, Probate Division Number 93-1367-E3 in consideration~of,tha.l5ayment of the sum of Ten Dollars ($10.00) ~~nd~ ottiex',~yaluable considerations, receipt of which is herebX~aekt~owled~}ed, have granted, bargained, sold, aliened, remis$d, rA~hpas~d,. ~mnveyed and confirmed, and by these presents does gfaht, barla3n, sell, alien, remise:, release, convey and confirm unto thB,Gren~ee, its heirs and assigns forever, all of the right,,t~f#e 'anti. inberest of Anne E. Kyle, !)eceased, in and to the fol],6yr~ng deschibe~'premises situate in Pinellas County, Florida, to Wik: ~;`I , I 1 I , hot Twelve (12) , 81o~k`, Tfirsr~'-(-3') ~' oP KNOLL1400D REPEAT, according to the map~of plat`~here~f as recorded in Plat Hook 21, Page 70, of'the~.Pu61tG Records of Pinellas County, Florida. `. ~ ' ~., Subject to easements;~restrictions and reservations of record and ,t<axes,'~nd`~a~sessments for the year 1993 and thereafter. ~. . ` Parcel ~~~ ,2'9.-7.~-X1,7016-003-0120 , ` This~~I'p~operty`li~$ nbt the homestead of Jeffrey L. Kyle agFl Teary R. Kyle. ~ ,, `~ -_Tb HAd>r ,~ TO HOLD all and singular the above granted prgm~$e~~-i;oc~ether with the appurtenances and every part thereof wntq the Grantee, its heirs and assigns forever. ~~Ifb, 4>iITNESS WHEREOF, the Grantor, as Co-Personal Representa- tives~aft5resaid, have hereunto sat .their hands and seals on the day and,'y~ar first above written. . . ,signed`, sealed and delivered in our presence as witnesses: Pript Wltness Nam '. ~rFL JEFF KY' , Ind v dually J and s o-Personal Representative `/ i of the Estate of Anne E. Kyle, Pr W n ss Name: „~;.,,,~~;1j1,,Deceased V~ , . I 11 II I I . I ''- __. I - '-. `. ,\ ~ ,\~ .~ , 1 . , ~ ~~ 1 ~1 ~ , I ,/ . . ~` - - ~1 1 I „ , !<ARGEEN F. DE[1LA1(ER, C'LERi< RECORD VERIFIED.BY: ?G, PINELLAS COUNTY FLA. OFF.REC.©K E3494 PG 1010 Pr nt Witness Name: riic TERRY R. LE, Ind ually and ~ as Co-Personal Rep entative of 2?c r ~ ~ ~ tho Estate of Anne E. Kyle, P L W es Name ~rl•11~ Deceased STATE ~F FLORIDA COUNTY OF PINELLAS T HEREBY CERTIFY that on this day personally appeared before me, an officer duly authorized to take acknowledgements, JEFFREY L. KYLE, Individually and as Co-Personal Representative of the Estate of Anne E. Kyle, Deceased, who is personally known to me a;F-wl~o-l~p- pxsdueed JO /l~ a-s i~}et~-i-f-ica~ion ar~3, hay is the person described nn a~nd~who executed the peraanal Representatives Deed, and he acknowledged then and there be$dre me that he executed the same for the purposes therein expresaedl. WITNESS my hand and afficial seal this ~~h day of Decem~b@r',- 1993. ~- t : j. ~ ~'~ `. ..! CL c Nat ` I I In Not ry Pu t, commission >~o.,'~[~'1{, My Cgmmiss~on',cxp res: ~~ ,_:::-1- M~ coAldlsswtr+~ cczwele STATE OF FLORIDA ' ++ ounr~e~a+tto,toae ! ~ AaIGrATnlutla}dyt~ula...+M. COUNTY.: OF PINELLAS '' ~ ~ I ! ~~ I'HEREHY CERTIFY that QxF`t~iis`daq-personally appeared before me, an officer duly authori~~d t~q tak8-acknowledgements, TERRY R. KYLE, Individually and as'~o-Perso7tal~Representative of the Estate of Anne E. Kyle, Deceased;, who','rs peY'gonally known to me c>x..wlie-#-as ~eduead 1'),~ ,, .. ~ as-~dan# iP.d.ca-ti,c~~ and he is the person dgdcY`ibed~~`~ n and -who executed the Personal Representatives' Q~®3, ~11d ha~eCknowledged then and there before me that he executed `t Fie Q~me for~t'he purposes therein expressed. WITNESS-'iny_fial3d`a`nd official seal this le+`~'~' day of December, 1993 . ,'~~ ~ `~ i I I ~ ~ ~ I ~ I I ' ' ~ ZLtI .` -- ~~ Na ~, G __ -- ;' --~~; Notary b c - Commission No. r?j [~_ `, ` - .' --_ My Commission exp res. `~~.`'` ~ nM"h~~ TIFFANYKIIIWORTHY MY PAAt1A45910N ! CC 2?6SIi *+ ~ _ ! ~_ , LXIMIIE9: Mplut IA, 19p0 , xt1a. Oaldd nuu Ilollry wao 1M~Y.wMn -- JI,UInUli JPII !~-G;"'1J 1o: ~U:~U gal C~L'-ftYLL r,:.LUnUlrlu i ~~ lu, ~G LwW llll~lC l:ti (II' i;lil. ? I r'.I'Ir t VLL:i.. I -Llti~ 1- ~ ~Itil, r U N I[II Al11Y.,. GII NI:'/ I'111.. SLAUO.ncl.,rl.nnal - IUIP,L: --^---- .~11..cU r.wwHn.rn __ fli'I;.lCIIL'CG~U; r1 ),, ::U n ewpww n:n. n.;aunw ;r1(II'IUC: $U. U~ ~. I , ,'~ ~~ I I ,. .. .. .. II ''--_ ~ . ,\ ~ \ , I .' ~ „ . `. ` ~ > ~~ ,I .~ .... I#: 2009164893 BK: 16622 PG: 51, 06/24/2009 at 08:49 AM, RECORDING 1 KEN Bt~RKE, rLERK OF COURT PINELLAS COUNTY, FL BY DEPUTY CLERK: CLKDUI7 IN THE CIRCUIT COURT IN AND FOR PINELLAS COUNTY, FLORIDA ; ', CIRCUIT CIVIL CASE NO. 08-014860-CI-15 ', ', JEFFREY L. KYLE and MARY L. ~ ~'~"-'....- q~ ~ ~ ~. - - ~ , ~'~ u~:s~o KYLE, his wife, and TERRY R. KYLE ~~' ~.~~ ~~,; and BARBARA M. KYLE, his wife, ;"<; ,~',% Plaintiff, __ ,',- ~, ~,', ,~~, ,, ,, , vs. ~ , -- ~~ ,,, JACOB KORKIS and CITY OF ,',~' -' _ _ CLEARWATER, ; ; ', `, Defendants. '. ' ~ _ _ -' ' / peuxnentery lax Pd. ~ ~~`~~ t lniangible 7ax'Pd. ~~ ~ Ace, Cferk: P'nellas County , CERTIFICATE OF TXT~~ ~ . ,\' ~ ~l ~ ~d~- oA-„'h, ~'°'k ,~ ,, ,, ~ , ., , ~ , Thevndersigned Clerk ofthe Circuit CQart~r~ifies th~t he executed and filed a Certificate of Sale in this action on June 3, 2009, forthe property dest;r~,tied~herein and that no objections to the sale have been filetl within the time for filing°obj~c#~ons. ,%,% The following property in Pihetias~Courity,-Frorida: Lot 12, Block 3, of KNOl~L1(VOq{~ REPI,AT, according to the map or plat thereof, as recorded in Plat BogK,21, ;P~ge,70, of the Public Records of Pinellas County, Florida Property Address: 1454 Gt~jf~r~,t~ay, ~tearwater, FL 33756 was sold to: Jeffrey L:Byte artd~~llary L. Kyle, his wife, and Terry R. Kyle and Barbara M. Kyle, his wife ,, , , whose address is: ~/p Jerry C:;CoC~b, Esquire, 501 S. Ft. H rrison Ave., #206, Clearwater, FL 33756 WITNESS~~,y~~,,d an~i''seal of this Court on , 2009. ,~~;;,~,~`~-~"f'~~ KEN BURKE ' ~~ CLERK OF CIRCUIT COURT .liA~~~. ~~ ~~ i ~ ', :'~ %''" ~'~a' ~~'ti": ", eputy Clerk r ~, ~ , . , ~~A ~.~ ,. Copies '~drnish~d'fo;,- r+ ~ JERRY~C, GOBB,.EFQUIRE, 501 S. Ft. Harrison Ave., #206, Clearwater, FL 3375 ~- ~ ~ ~ ~ ~ CITY OF CLE}CR.VyA~'ER, Attention: Camilo A. Soto, Assistant CityAttomey,112 S. Osc~la Av P.O. Box 4748 Clearwater, FL 33758-4748 ~" JACOB KOF2KIS, 1001 Pearce Drive, #310, Clearwater, FL 33764 ~ ~ ~ ~_~ =" o ~~~ ~~' ~~ .. ~ ~~~ ~~ ~~~~~ ~~ ~.~`"~ ~ :~ ~~ {~~ PARKING REDUCTION STUDY FOR 1452-1454 GULF-to-BAY BOULEVARD CLEARWATER, FLORIDA PREPARED FOR: Terry Kyle PREPARED BY: GULF COAST CONSULTING, INC. REVISED JANUARY 2010 PROJECT # 09-037 Robert Perg i ;AICP, PTP AICP #9023, P #133 I. INTRODUCTION The applicant proposes to retain the site as currently developed which was formerly Kyle Clock Shop and obtain development approval to include retail/office uses as well as an apartment, located on the northwest corner of Gulf- to-Bay Boulevard and San Remo Avenue. (See Figure 1) There are un-striped parking spaces along both frontages however, these spaces are in the rights-of- way but have been used by customers since the building was constructed in 1951. According to the City of Clearwater Community Development Code they are considered non-functioning spaces and cannot be counted towards the on-site parking requirement. In addition landscaping on the site is minimal. This study was revised based on DRC comments from January 7, 2010. The Property is the subject of a Comprehensive Infill Redevelopment in the Commercial "C" zoning district which requests a reduction in required parking, to accommodate the 3,041 square feet of retail space, and one apartment unit on the second floor. This request requires an assessment of the parking characteristics of the site and availability of on-street parking in the surrounding neighborhood. Based on City of Clearwater requirements, on-site parking should include 5 spaces per 1,000 square feet of retail space, and 2 spaces per accessory dwelling unit. This would result in a code requirement of 17 total parking spaces (15 for the retail, and 2 for the apartment). Per Section 3-1405 "Shared Parking" of the Community Development Code the peak shared parking requirement is 17 spaces between 9 AM and 4PM on weekends, and normal weekday parking would be 16 parking spaces between 6 PM and midnight as shown below. Land Use Weekday 12 - 6 AM Weekday 9AM - 4PM Weekday 6PM-12 PM Weekend 9AM - 4PM Weekend 6 - 12 PM Retail 5% (1) 70% (11) 90% (14) 100% (15) 70% (11) Residential 100% (2) 60% (1) 90% (2) 80% (2) 90% (2) Total 3 12 16 17 13 II. EXISTING CONDITIONS The City of Clearwater has requested a detailed analysis estimating the number of parking spaces available to service the proposed project based on site specific conditions. Section 2-902 of the Community Development Code specifically considers parking spaces within 1000 feet of the principal uses which they serve. On-street parking is available along San Remo Avenue, Franklin Street and Pierce Street. Although these are unmarked spaces parallel parking can, and does occur on these public streets. Based on field review, there axe seven (7) parking spaces along Franklin Street between San Remo Avenue and Highland Avenue, there are nine (9) parking spaces along San Remo Avenue between Franklin Street and Pierce Street, and there are eleven (11) parking spaces on San Remo Avenue 1 N I PROJECT LOCATION - 1454 Gulf-To-Bay IrRO.IECTNO: ' 09-037 Gulf Coast Consulting, Inc. DATE: Land Development Consulting ~ ~ 2009 DRAWN BY: G.J.S. FIGURE: 1 between Pierce Street and Park Street. There are a total of 27 potential parallel parking spaces well within 1000 feet of the site. Existing parking characteristics were established by conducting hourly parking observations between 10 AM - 7 PM on Wednesday November 18, 2009. The results of these observations axe shown in Table 1. At the time the observations were conducted, the building was vacant and the apartment had a tenant. TABLE 1 1452-1454 GULF-to-BAY BLVD. -PARKING OBSERVATIONS III. TIl~IE OF DAY OCCUPIED_SPACES 10 AM 2 11 AM 2 12 NOON 0 1PM 0 2PM 2 3PM 2 4 PM 3 SPM 1 6PM 2 7PM 1 TOTAL SPACES % OCCUPIED 27 7% 27 7% 27 0% 27 0% 27 7% 27 7% 27 11% 27 4% 27 7% 27 4% Peak parking demand occurred at 4:00 PM when the parking spaces were 11 occupied with 3 cars parked on the streets. Parking demand is relatively low and some daytime parking appears to be related to the nearby Able Body temporary labor office. COMPARISON OF FUTURE SUPPLY AND DEMAND Upon reuse of the property the code-required parking demand is 17 spaces. The on-street parking supply within 1000 feet is 27 spaces of which .a minimum 24 are available at any given time of the business day. Therefore, adequate parking is available to accommodate the code-required demand. In addition, the plan shows 10 parking spaces along Gulf-to-Bay Boulevard that are immediately adjacent to the site, and 3 parallel spaces along San Remo Avenue that are immediately adjacent to the site. As such, there is a supply of 40 total spaces (27 on-street + 13 adjacent to the site). The types of retail stores anticipated would primarily serve the neighborhood thereby encouraging walking rather than using a car to get to the site. The proposed supporting retail uses are in character with the district vision of the East Gateway District of the Downtown Clearwater area, and would primarily serve to support the low and medium density residential development in the district. Much of this area is rental housing that would benefit by new retail uses within easy walking distance. 2 IV. CONCLUSION This analysis was conducted based upon actual observations and reasonable assumptions regarding the parking characteristics of retail space and an apartment. The recommended parking supply for the project is 16-17 parking spaces. The parking lot on-site could support up to 19 parking spaces however, since these would be partially in the right-of--way of Gulf-to-Bay Boulevard and San Remo Avenue and/or would require backing into these rights-of--way they cannot be considered code compliant parking spaces. A detailed survey of on- street parking within 1000 feet of the site demonstrates 27 total parallel parking spaces are available and under peak conditions 24 locations are unoccupied. Therefore the parking demand can be satisfied with neaxby on-street parking. Also there are 13 spaces immediately adjacent to the site that can be used. This analysis demonstrates the re-use of the buildings for retail services can be accommodated with the proposed zero (0) code compliant on-site parking spaces and justifies a reduction from the code-required 17 paxking spaces. 3 To view most current version, visit www.municode.com. Section 3-1405. Shared parking. DEVELOPMENT STANDARDS '~ j~ ~----- --- ----- --- - - -. § 3-1405 ~ ~ ~~ ' ~ ~~~, (~ 'ICE ~'~ \~~~ 1 (,_)_, ~ ~~ ATE R _ (~ 1 ~1 _ 1 SHARED PARKING Z. ~5 ~ V C Yl~- 1~ WEEKDAY WEEKEND USE Night Midnight 6 a.m. Day 9 a. m. 4 p.na. Evening 6 p. nt. Midnight Day 9 a. m. 4 p.m. Evening 6 p. m. Midnight .Residential ~ 100% I 60% ~ 90% ~ 80% 2 90% Goy; ernment 5% 100% 0% 0% 0% Office and Marinas 5% 100% 10% 10% 5% Retail ~ 5% l l 70% ~ g- 90% ~~ 100% ~ I 70% Overnight Accommodations 80% 80% 100% 80% 100% Restaurant 10% 50%o 100% 50% 100% Entertainment 10% 40% 100% 80% 100% Places of Worship 0% 20% 10% 100% 20%o Others 100% 100% 100% 100% 100% Supp. No. 17, Rev. ~2 ~ ~ -~ ~3 CD3:53 Supplement 24, June 2009 PARKING OCCUPANCY OBSERVATIONS WEDNESDAY NOVEMBER 18, 2009 TIME 10:00 AM 11:00 AM 12:00 PM 1:00 PM 2:00 PM 3:00 PM 4:00 PM 5:00 PM 6:00 PM 7:00 PM FRANKLIN ST. SAN REMO (FRANKLIN-PIERCE) SAN REMO )PIERCE-PARK) TOTAL OCC. TOTAL OCC. TOTAL OCC. TOTAL OCC. TOTAL % OCCUPIED 0 7 2 9 0 11 2 27 7% 0 7 2 9 0 11 2 27 7% 0 7 0 9 0 11 0 27 0% 0 7 0 9 0 11 0 27 0% 0 7 2 9 0 11 2 27 7% 0 7 2 9 0 11 2 27 7% 0 7 3 9 0 11 3 27 11% 0 7 1 9 0 11 1 27 4°h 0 7 2 9 0 11 2 27 7% 0 7 1 9 0 li 1 27 4% f f 1 ~ I ' ~ ~^ ~ /~ ~ ~ is ~ l ', Y ~ y T.~. ~ ~' ~ ,~ ~ ~ , M 1 , f ti s ~ 4 R ~~ sw~ ~ '~arJr'~ /i^ ~ ~ , r , ... ~~ ~. ,, ~-, ~-- t ar ~~ ~, t ~ iwA?ti' ~ i~ ~ ' ~ ~ Vim,; ~a+~ 7 ~ (", .n _~.~ r ,. ~ Y ~Y1," ~ 'f`' ~ ' ~'~ #, . a 2'4' ~ ~- a l ,, . ' n~, V, • ~ y t.\ ~„~.. • ~' ~ .~ ~ v ~ ^' ,^ V• ~ ~J~ ~• s~l .. ~ S~i r ~ i • 1 RY 1.. Y . 'v ! '4 /' ~ } u. a ~ Y ~ v Rd .~. .,M a .1~. k~ .t V.~ • _ ~__ ~ _~_..__ .W.i __ ~ ~~~~rk .. ~ i N _ ` a]eW~ :~~`" y °"" . ~'^ ~ ` ~ 7, ~ ~ ~~ ~ 9V. ~ ~ ~ . ~"+I ~ pf~ ~~'g i, , ~Y ~ ~ O J~ ., , Vi _~ ~ M ~ ~ e ~ ~. O W A. yy~ f ~ ~ ~ _,{ ~ !7 ,, : /T~J ~ A 'x r M 4 V 1 a x ~ ~ ~ ~ ~~ ,,. s ' +` `M "~ ... n Y a ~ ~ I M1fl. ~,a ill'/ ~ a k ~t'~ ,,,.. y ..... ~ y :r91~ k'~iY~~ wMl~ .~"• ~~~~~ . J~ 'i ,Ifi. ~~... ~3~ ..~1'l;,.E . ,r i . I .:. . ~~ r„°..+R~R'. ~YTaHi~ Clearwater Planning Department 100 South Myrtle Avenue Clearwater, Florida 33756 Telephone: 727-562-4567 Fax: 727-562-4865 CASE NUMBER: RECEIVED BY (Staff Initials): DATE RECEIVED: ^ 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 * 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. C®1liIPIaEHENSI~E I~ANDSC~PE PIS®GI3AM (Revised 04/24/2007) PLEASE TYPE OR PRINT APPLICANT, PROPERTY OWNER AND AGENT INFORMATION: (Code Section 4-202.A) APPLICANT NAME: Terry R. Kyle MAILING ADDRESS: 230 2nd Avenue S.W., Largo, FL. 33770 PHONE NUMBER: 727-586-0495 FAX NUMBER: CELL NUMBER: 727-412-1134 EMAIL: Septer5l@tampabay.rr.com PROPERTY OWNER(S): Kyle, Jeffrey L., Kyle, Mary L Kyle, TerryR., Kyle, Barbara M., C/O Cobb, List ALL owners on the deed Jerry ESQ AGENT NAME: Northside Engineering Services, Inc. - Renee Ruggiero, Senior Project Planner MAILING ADDRESS: 300 S. Belcher Roadr__Clearwater, FL 33765 ~~ _„__ __~_~ PHONE NUMBER: 727-443-2869 FAX NUMBER: 727-446-8036 CELL NUMBER: 727-~~,5_~q_y_5 __~ EMAIL: ~gn~g~north~~d~eBg.~~gri.nc~.nei~~~ 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. The existing site and building do not present an architectural theme, however to offer improvement to the site, the majority of the rear of the building along San Remo Avenue is proposed to be landscaped as per the City's request except where a conflict with walkway, door-or~other item exists~.,_,___ _ ____ ._.Y._ ._.,~-- 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. C:IDocuments and Settingslderek.fergusonlDesktoplplanningforms_07071Comprehensive Landscape Program 04-24-07.doc Page 1 of 2 w 2. COMMUNITY CHARACTER: The landscape treatment proposed in the Comprehensive Landscape Program will enhance the community character of the City of Clearwater. Many of the surrounding site were constructed in the early 1950's and do not provide landscaping; _...__ ..._...__ _..__. .. ._~._._____.__._.___ _ .~__.._ .__..__ w....__~__......_________~_ __..____w______._.__._..___.___.__.~_._..._ _._____~.~______.__ the proposed landscape design will enhance the site and community character. 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 development. The proposed improvements will provide a positive impact on the value of the land and the surrounding land values. 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 ClearwateC has prepared and adopted for the area in which the parcel proposed for development is located. N/A TI-IE LANDSCAPING REQUIREMENTS OF ARTICLE 3, DIVISION 12 MAY BE WAIVED OR MODIFIED AS /{ PART QF 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, SECTfONS / ELEVATIONS, RENpERINGS AND PERSPECTIVES MAY BE NECESSARY TO SUPPLEMENT THL INFORMATION PROVIDED ON THIS WORKSI-IFFY. SIGNATUF'ZE: I, th a 'er ~ ~ ~d,'acknowledge that all represenfafans made in this ap lic~ Eton are .true and accurate to the best of my knowlet~ge and ai.tthorize City representatives to visa and photog"rap the property described in this application. STATE OF FLOP.IDA, COUNTY OF PINELLAS Sworrt to and subs ribed before me this_~4~7~11ay of ~ t`;~~1 ~",.~w , A.D. 20 ~ ~~ to me a~~t~dt`b"~° ~~ ~~~o V~~ „w~.~4 ,who is personally known has produced ~,~ , as identification. . ;rty owner or re Notary public, ' My commission expires: ~~~ ~ ~ '~,~~ ,~ ~rd~)~~~~I~~~ I~u~~Llr-~~r~~TC or r~,o~u~a fern A. C~oel CrltrJmissiori # r)D53143f3 ~~ ~x~ires: 1~7AY 03, 2010 . Bonded 'I'hru hzJanl c }3ondin~ Co„ ,Tne. C:IDorumentsand Setfingslderelcferguson10es1<foplplanningforms_07071Comprehensive Landscape Program 04-2~-07.doc Page 2 of 2 i i A~~ ~ f~ C 1\ ~ ~ i /a•~ N 49'43'52 E 102.3 ~ . ~~ ASPHALT ~~ ~; _/~ .~~"~ ~i ~ (' ~ ~'~! ` ~ ' r~ 7C rd. Y P ' ~ , a. ~~ K N r~ ~ ' w ~ s ~~ ~ ~ ~. N ~ ~ k ~ N ~ CC ~ Z M1i' ~ ~~ `~.J, ~ /~ ~ ~ ~~~~ -~ ~ ~ a "'~ti ~ ~~. 4T a6 S z~ i ~ 4^ ~ ~~ ~I ~1,~0 .~~Rra ~ ti ~~~e~R~ o °~,y ~~~ ~~ g ~_ ~~~~~ ~~~ , ~~•~~~ ~~ ~~~ ~ North i~ p C_ fNR. LAND PLANNR+IG [NVRONM[NTAL • TRANNORTATION ~-S ~. mn a 0' RRWQiT IRCN fEPICE ~r SECTION 14, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA Boundary Survey LEGAL DESCRIPTION: LOT 12, BLOCK 3, KNOLLWOOD REPEAT, ACCORDING TO THE PLAT THEREOF, RECORDED 1N PLAT BOOK 21, PAGE 70 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. CERTIFIED T0: JEFFERY L. KYLE MARY L. KYLE TERRY R. KYLE BARBARA M. KYLE ~Qy ~. Qy Jao'~y ~G . P1G~,~ ~P~d` \ ~ EN \ h°~ WITNESS, CORNER ~ 1.00' N.W. P~~ /P~Q~ ,, \ 1.8' \ ~aG~ 1`~~ ~,~ ~~c~' p~ ~ 6 °~ ~' pG ~~~ „~1 Q . c,°`' s I ~ . Gj`L '; ~~ 9J. GP5 1 ~ FP, 9' \ ~~ C~~ G~5 has ~ ~v,`' `~ e~. ~ ~ &~` ~, \ ,y0~ \ ~'PJ. ti ~ ~ n sA ~ 12.3' \ 9.P~ ~ \ ~,ti9 0 ~7ASS~ti A`yT~ ~j,~~ ~I ~// ~ I •~+. ,, ;- s~, \ . ~9.8' % /tf~ \ ~~ / Ci0 ~J O ~i~ \ ~ ; ~' 'fi ~~', ~ - ,; O oti F~ ~ s ~tn~ ~':. ~y~ '~' ~ ~ ~o ~G ~ 12.a'. '~ 9a 9h~, ~ ~ r, <. ~ sa .% v ' ~'P ~ ~~~ 'b \~ -o~Q2 SANI:T~RY ~` M.~IHOLE / it O : ~` °ti '~ \ ~~ %/ /'~~` o~ti / •1,p0~` J ~r ? /;, 00, \~ `G~ ~,, ~ O~ `~ '"v v \~~ \ ~ LEGEND POC - PoMI et Commencement FIR - Found iron Red. k Cep POB - Pelnt of Bepinntn99 (SR)) -Data par Descri tion FiP .Found Iran Plpe FPP p (M) Measured Doto =Found Phehed Pipe FOP -Found Open Pipe de Cap (((C - Calculated Dote PCP -permanent Conlyd Polnl PQ(s -Pope (s) fCM .found Concrete Monument 0. - tNflcid Record Book P: B. Plel Book R PRM -permanent Reference Monument SIR -set Iron k Cap 1/2' L5. /4626 = Rodlue e - Oeito Mgle LB Corperote Certifleala Number PL5 - Profeeslonoi lane Surveyor EP -Edge of Pavement R/W - RI hl-of- CS - Cenerete Stob CONC. rV n ,y 2.6' 5• ~~ m V FIR 5/S' ~ ASPHALT SCALE 1" =20~ 0' 20' 40' 60' DMH -Storm SeweryMonhda 5/W Sidewalk MES -Mitered End SeeUen 5MN Soniiery Sewer Monhde Q - Centerline CTV -Cable Tv Servlee 1, GUY D. HALE, THE SURVEYOR iN RESPONSIBLE CHARGE, HEFEBY CERTIFY THAT co - SenHory clean at WV -Water valve THE SURVEY REPRESENTED HEREON AND THAT SAID ABOVE GROUND SURVEY AND TOB Top of Bonk TOS =Toe of Slope M1 1 W TEIE - Telephone Servlee GV .Cote Vdve SKETCH ARE ACCURATE TO THE BEST OF MY KNOWLEDGE AND BELIEF. !FURTHER CERTIFY THAT THIS SURVEY MEETS THE MINIMUM TECHNICAL STAND . - ater Meter L/P Ligqht Pde PP - Utllil Pd --E-- Overlieed W1rn FHA -Fire Hydrant Assembly ARDS IN SECTION 472.027, F RIDA STATUTES (OR RULE CHAPTER 61G17-6..., F.A.C.) SURVEY NOT VALID UN EALED y e GW aY ~fe ELEC =Power Tronsforrner ELEV. - Etewtlon A MBO SED SEAL. ~~ JRVEY IS SUBJECT TO A T1TL E SEARCH FOR EASEMENTS, ~ f~/7 F A D ASIS OF O / RINGS ARE PLAT UNLESS OIHERWIS~STA D NO GUY D. HALE P ,/.1626 NDERGRWND LOCATED UNLES S SHOWN HEREON , dqg NUMBER.•2009078 DA1~•09/25/2GtC9 14.7' I E.P, FIR 5/8° ( --~- w Z ~ ~ `' / I ~ ~ x W ~ i~ i Z ~, ~ m GAS o ~ to `° p W q to ~ z w O /~ I (~ .. ~ 0 0 e O o ~ O ~ J - W ~ ' 2 (( // L..L- a `' ._ ............. Q Y~ Q m 8s U.._-. Z..:_.. ~ Y n ~ o a' N - 32.7' GUYHALELAND SURI/EY/NG ~~ 3QOA SOUTH BEL CHER ROAD CLEARWA TER, FLORIDA 33765 X727) 734-4266 FAX (727J 734-3228 ~~ P0R0H 19.3' 20.5' KITCHEN BATH BEDROOM IJNNG ROOM DEN BEDROgA 2ND FLOOR PLAN w INE OF I p BLDG. ABOVE I J ~' 9 25' 14.55' aAniROOM M,~ CASHIER o~ICE 96.3' w N N ~~ boa` ~~ SCALE: ,'=20' ~~ FLOOR PLAN BU/LD/NG COI/ERAGE.- 3, 04~ S.F. GROSS FLOORAREA: 3,84 S.F. 1 f •~~ r~ c i~ ~, o ~~ ~~ ~~.. ~ `o is 0 4}~ R~~ ~~ ~ ~~~ a ° yO,p §9 l ~~ £ ~~ b ~~ ' ;~~ rs ~'~ ~~ ~4LaC3[1MC ~~4G pdG^QM 145E F TO BAY BLVD. ~ CLEARWATER, FLORIDA f __ e~~s w~ _ _~~ ~ ~ ~ ~ ~ Nor~hsiae g ~" " ~ ~~ sue. ~~. ~ ? ° WL • LANY LMNNN6 • QIYRONMBVTA~ • TRANNORTATpN ' ~ n D a fOVTM iR<NiL LOAD ITIT) «]-left iAN: IT]T) ff6#oM W ATA, iIOLCA f]TN -MAL: Ti<N (d NOL1NfOYNGNDRNGIifT