FLD2005-090977z))e(ooomo
FLD2005-09097
2760 GULF TO BAY BLVD
Date Received: 09/30/2005
AMSCOT
I ul SFP'3 0 W ILU
PLANNING & DEV'E.LC4`%1t ^!T SVC
CITY OF CU--'
ZONING DISTRICT: C
LAND USE: CG
ATLAS PAGE: 291A
PLANNER OF RECORD: Rim T
CLWCoverSheet
Ift
"" . ••, Planning Department
o.f .i'p ata
100 South Myrtle Avenue
r„."': Clearwater, Florida 33756
` Telephone: 727-562-4567
u Fax: 727-562-4865
? SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION
? SUBMIT 14 COPIES OF THE ORIGINAL APPLICATION Including
1) collated, 2) stapled and 3) folded sets of site plans
? SUBMIT APPLICATION FEE $
FAX NUMBER:
* NOTE: 15 TOTAL SETS OF INFORMATION REQUIRED (APPLICATIONS PLUS SITE PLAN SETS)
FLEXIBLE DEVELOPMENT APPLICATIONORIGINAL
(Revised 12/30/2004)
- PLEASE TYPE OR PRINT
A. APPLICANT, PROPERTY OWNER AND AGENT INFORMATION: (Code Section 4-202.A)
APPLICANT NAME: Amscot Corporation d/b/a Amscot Financial
MAILING ADDRESS: 600 N. Westshore Blvd., Suite 1200, Tampa, FL 33609
PHONE NUMBER: 813-637-6238 FAXNUMBER: 813-637-61.88
PROPERTY OWNER(S):
The Family Interest, Inc., a Florida corporation
(Must Include ALL owners as listed on the deed - provide original signature(s) on page 6)
AGENTNAME: R. Donald Mastry of Holland & Knight LLP
MAILING ADDRESS: 200 Central Ave., SUi.te 1600, St. Petersburg, FL 33701
PHONE NUMBER: 727-824-6140
CELL NUMBER:
40
CASE /V
DATE RECEIVED:
RECEIVED BY (staff initials):
ATLAS PAGE #:
ZONING DISTRICT:
LAND USE CLASSIFICATION:
SURROUNDING USES OF ADJACENT
PROPERTIES:
NORTH:
SOUTH:
WEST:
EAST:
727-822-8048
E-MAILADDRESS:.don.mastry@hklaw.com
B. PROPOSED DEVELOPMENT INFORMATION: (Code Section 4-202.A)
STREET ADDRESS of subject site: 2760 Gulf to Bay, Clearwater, Florid I l
11-
LEGAL DESCRIPTION. See attached Exhibit A. j
(if Rot listed here, please note the location of this document in the submittal)
PARCEL NUMBER: 17/29/16/00000/240/0120 19 235 s . f . --T,o,-7P0 2, 2 1=T`( nGe s PLANNING & OE4,'r i Jr ;„r_,d'I
PARCEL SIZE: ) `JC$
(acres, square feet)
PROPOSED USE(S) AND SIZE(S): Check cashing as part of Amscot business.
(number of dwelling units, hotel rooms or square footage of nonresidential use)
DESCRIPTION OF REQUEST(S): Flexible Development approval, to permit a problematic
Attach sheets and be specific when identifying the request (include all requested code deviations: e.g. reduction In required number of parking spaces, specific use, etc.)
use under the provisions of Section 2-704.L. See description of
proposed development attached as Exhibit B,.Section I.
Page 1 of 6 - Flexible Development Application 2005- City of Clearwater
? ORIGINAL.
DOES THIS APPLICATION INVOLVE THE TRANSFER OF DEVELOPMENT RIGHTS (TDR), A PREVIOUSLY APPROVED PLANNED UNIT
DEVELOPMENT, OR A PREVIOUSLY APPROVED (CERTIFIED) SITE PLAN? YES _ NO X (if yes, attach a copy of the applicable
documents)
C. PROOF OF OWNERSHIP: (Code Section 4-202.A.5)
0 SUBMIT A COPY OF THE TITLE INSURANCE POLICY, DEED TO THE PROPERTY OR SIGN AFFIDAVIT ATTESTING OWNERSHIP (see
page 6)
D. WRITTEN SUBMITTAL REQUIREMENTS: (Code Section 3.913.A)
2 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 Exhibit B, Section II, attached.
2. The proposed development will not hinder or discourage the appropriate development and use of adjacent land and buildings or significantly
Impair the value thereof.
3. The proposed development will not adversely affect the health or safety or persons residing or working in the neighborhood of the proposed
use.
4. The proposed development is designed to minimize traffic congestion.
5. The proposed development is consistent with the community character of the Immediate vicinity of the parcel,proposed for development.
6. The design of the proposed development minimizes adverse effects, including visual, acoustic and olfactory and hours of operation impacts,
on adjacent properties.
Provide complete responses to the applicable flexibility criteria for the specific land use as listed in
requested (use separate sheets as necessary) - Explain how each criteria is achieved, in detail:
See Exhibit B, Section III, attached. 111111 Sl:Q3 0 ?= U I
Page 2 of 6 - Flexible Development Application 2005- City of Clearwater
CCi, 4, 2 J:? - i 1: 33AM
1. STORMWATER PLAN SUBMITTAL REQUIREMENTS: (CRty,
Mumal and 4402,A.21)
OCT
2005
clan{?ot?n°'Di?mae?? ???a,Qe?
A BTORMWATRR NARRATIVE MUST BE SUBMITTED WITH ALL APPLICATIONS. All appteati na Mt Inva
addhlon or modliloatoa of impervious µ.rNae, including bulldinga, must Include a atoanw W;Waft Whet deMW%trrttaa cofnpirance with 1
City of 01aerweter 13torm Dralnsge Deaign Coterie margral. A ned',rdlor. IA hp@Mm auto area does not Wliltty as an waft lee
thin requir"sni.
if a plan Is not required, ft nafrative shall provide an exptanBtcn sa to why the eke le wompt,
a At s minimum, the 9TORMWATER PLAN shall Include the foiiewine:
Usctrhp WpwroOW axtendtng 59 feat beyond al properly lineal
Proposed gmellog Inducting erkhad floor elan" of d struotureel
AA ed)agent streets and municipal storm ayetsaro;
Proposed oWnwatsr cloodardraterdlon pros Including top of bank, too o/ slope and outlet ryort.rot alimcww.
A narrative des fling the pmpoesd stwimeter c%onirol plan including 9 eatculattons and data necessary lo demonsfraia, compOance with the
CRY rnonuei.
Signatun and anal of FWW Registered Prefoasional Engirow on all plane and calculations.
• 0 COPT OFP Mrr Il WPJIR OR snWa'fto` S" EST CRY of g FLORIDA fA A MA MMEW DIOT"ICr (OWFWMD) PEFkMrrSURMrrAL
D p
ont of sWm"ter plan requlremaMo (Appilom must initial cm of the 11okwingp
nhwetet plan no noted obwa Is included
is-ton
woter plan to not required and mcplonation narrative is aaachad. Af a minimum, a grading plan and kfnisbed floor aleaatlona shah b
torm
CAVTION - IF APPLICATION REVIEW RESULTS IN TNk REQUIREMENT FOR A STORMWATER PLAN AND
NONN HAS BEEN SUBMITTED, APPLICATION MUST BE RESUBMITTED AND SISNIIFICAN7 DISLA`f MAY
OCOUR.
If you have queftlons ragerding these requhem ob, eontaet the Cily Public Warne A&NnWn tton Engineering OKartment at (727) 542.4780.
F. SUPPLEMENTAL SUBMITTAL REQUIREMENTS: (Code Gedlorl 4^202,A)
0 SIGNED AND SEALED SURVEY pndudlng local deeotlptton Of property)- 0ns e46101 end 14 Capin''
10 TREE SURVEY (Including w haft *"o on alto end whNn x6' of ft ad)8eenl alto, by species, obw (DOM 4' or Waster?, and 100tion,
including dip Ones and Indloating trees to be removod) - p1osas desron around the a0drs0 freer.
0 LOCATION MAP OF THE PROPERTY;
0 PAR19NG DEMAND STUDY in cart1unctbn with a request to make deviations to the parking standards (le, Redoes number of Apseea), Pfkf
iw %he ubmlt of of thl9 epplloagon, the mafhodoiagy Of such sorely 911611 be Approved by the Community Daveiop wt Coordinator and atoll
be in awardanae with woepted tmffiO anginowing prirtelploe, The findings of the btt.dy W41 be used In determining whether or not
deviations to the peAft standeed6 arse approved,
Cl WRING PLAN, as sppkiabie;
0 PRELIMINARY PLAT, no required (Note: OWWing permite Will not be Issued At evidence of racording a final plat Is provided).
0. STM PLAN SUBMITTAL REQUIREMENTS: (SeDtlon 4-202A)
a arTE PLAN with the following information (not to sx=vd W x w):
AN dime Ofis;
North tarcrMi
Inlioneerieg bar scab (mWinum scale one Inch equals 50 feet), and data txepa.^ed.
Leeedhxh amp;
Index cheat roferemelfhg individual sheete Imaludad in pa*ogo;
Footprint and eke of all EXISTING bulidlogs and structures;
Footprint and also of all PROPOSSO buildings and owcturaa;
AA mquirwd s.tbaaka;
All o dWng and propeaed pointo of 40MOs;
A I,squired eight trlanglssl
idantmomn of Itmot nrnantally unique am", such as watercoursaa, WWAVde, tare mamas, and Apo4n%en
trees, tnduding description and locaddn of unaerstery, ground cover vegetation and wildlife hehltabr, ale;
Psge 2 of 0 - FlexWo Development Application 2ws- City of C1aawtar
of
Location of all public and private easements;
Location of all street rights-of-way within and adjacent to the site;
Location of existing public and private utilities, including fire hydrants, storm and sanitary sewer lines, manholes and lift stations, gas
and water lines;
All parking spaces, driveways, loading areas and vehicular use areas;
Depiction by shading or crosshatching of all required parking lot interior landscaped areas;
Location of all solid waste containers, recycling or trash handling areas and outside mechanical equipment and all required screening (per
Section 3-201(D)(i) and Index #701};
Location of all landscape material;
Location of all onsite and offsite storm-water management facilities;
Location of all outdoor lighting fixtures; and
Location of all existing and proposed sidewalks.
? 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 and driveways, expressed in square feet and percentage of the paved vehicular area;
Size and species of all landscape material;
Official records book and page numbers of all existing utility easement;
Building and structure heights;
Impermeable surface ratio (I.S.R.); and
Floor area ratio (F.A.R.) for all nonresidential uses.
? REDUCED SITE PLAN to scale (8'/I X 11) and color rendering if possible;
? FOR DEVELOPMENTS OVER ONE ACRE, provide the following additional information on site plan:
One-foot contours or spot elevations on site;
- Offsite elevations if required to evaluate the proposed stormwater management for the parcel;
- All open space areas;
_ Location of all earth or water retaining walls and earth berms;
Lot lines and building lines (dimensioned);
Streets and drives (dimensioned);
Building and structural setbacks (dimensioned);
Structural overhangs;
Tree Inventory; prepared by a "certified arborist", of all trees 8" DBH or greater, reflecting size, canopy (drip lines) and condition of such trees.
H. LANDSCAPING PLAN SUBMITTAL REQUIREMENTS: (Section 4-1102.A) D U U
? LANDSCAPE PLAN:
All existing and proposed structures;
- Names of abutting streets; SEP 3 Q 20 j
L
- Drainage and retention areas including swales, side slopes and bottom elevations; C../
- Delineation and dimensions of all required perimeter landscape buffers;
- Sight visibility triangles; PLANNING B DEVELU0,-itNj SVCc
- Delineation and dimensions of all parking areas including landscaping islands and curbing; CITY OF
Cl ?.? ;1ixi E }
- Proposed and required parking spaces;
- Existing trees on-site and immediately adjacent to the site, by species, size and locations, including driplines (as indicated on
required tree survey);
- Plant schedule with a key (symbol or label) indicating the size, description, specifications and quantities of all existing and proposed
landscape materials, including botanical and common names;
Location, size, and quantities of all existing and proposed landscape materials, indicated by a key relating to the plant schedule;
Typical planting details for trees, palms, shrubs and ground cover plants including instructions, soil mixes, backfilling, mulching and
protective measures;
Interior landscaping areas hatched and/or shaded and labeled and interior landscape coverage, expressing in both square feet and
percentage covered;
Conditions of a previous development approval (e.g. conditions imposed by the Community Development Board);
Irrigation notes.
? REDUCED LANDSCAPE PLAN to scale (8 % X 11) (color rendering if possible);
? IRRIGATION PLAN (required for level two and three approval);
? 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.
Page 4 of 6 - Flexible Development Application 2005- City of Clearwater
0
0, T. 210071 if . 3 ")AN1 HOLLAi????r N is it
N 0, 17 2
1, BUILDING mraVATION PLAN SUBMITTAL REQUIRE1tMENTS2.,faction 4-202A.23)
Required tprohe wN"e cell sp a aop?t dooa?damic metlt whom 116110 rds arS In WW (04, TW!iat and Do"Whn MOW' 61 92 part
Q BUILDING ELEVATION DRAWINM - ell sides of all buddings lndudtng heightdimsns;one, cation od malw1alm
0 REDUCED BUILDING, BLLVATIONS - lour aides cf WWI; with salons and materiale to ecaae ($ A X t i) (16" and waifs and color rendering, il'
poesibte) as negaired,
J: SIONA6i"et (Dlvleion 19. SIGNS I Spec tan 3.1908)
Ol All 8X OTING freestanding And Attached signs, Provide phetopreptg and dlmenelons (arse, height, etc.), €ndlcate WhAther they will be removed or
1o remain,
0 All PROPOWD frtgeatar4ng emi attached sdgne; Providedelelb loudlag location, sirs, Mlghl, oelora matarials and drsvren®; freastandysg sign;
shall Inc,ade the street sdlimts (numerals)
0 Camprehenahre 2E1r Program appkatian, as appllaabte (saparsts aa7liesgtlon and tee taquifad?,
12 P,eduosd signage proposal (114 X 111"' (coon, If submitting Comprehenalve Sign Progran; appllcst0n,
K. TRAFFIC IMPACT STUDYI (Section 4402.A.13 and 4$01.C)
0 Inducts P required by the Trafftc Operations Msruipw or hlafier deelgnev w If the proposed developr Al:
WIG daprada the omptable level of w%fts for ally ipadwey as adopted In tins Cornprshenslve Ptert.
Will genarato 100 or more now vshtgs diraetlonat trips per hoax mrWor 1000 or more new vehloie trips per day.
Will aRaot a nearby roadway aeolNeet end/or interesctlon wim live (5) repcriabte scridente wiftaln the prior twelve (121 morph period or that is
on tins OWO annual list of most hes1mous Intereactions.
Trip generation shag be bpced an o!s rrast resort edition of the inativis of Trrarrsportatim EnrgimWs (rM) Trip Genorai Manuel,
The Tieitlc Impact Study must bo pre retl i7 Accwdenm smith g'9cc*ing Meaiing` hold with the Tai G Opeeadlane Manw and the Pfarning
Deparim riff DaveWi meni itevlew Manager or their MOWN (r27•51124750)
n 4401 C of the Community Oevelopmam ludo for exftptlone to this requirement,
metst of hams Inroad ahtdy requires Tents (Appifarutt must initial one a? N tollowlng)t
'iteMc irrrpari Study is Utdsided. Tho study mua! ksdude a eutrln+siy iebla of Vs• and pockderelopment ieveis at servive for ell fsaadway
an each tumktg movement at all lraselaecHorta Idendflatf irti the t$r oping M0011itg,
Trades tmpset Study is not required.
CAUTION - IF APPLICATION REVIEW RESULTS IN THE REQUIREMENT FOR A TRAFFIC IMPACT STUDY
AND NONE HAS BEEN SUBMITTED, APPLICATION MUST 131 RI GUBMITTED AND SiGNIPiCANT DELAY MAY
OCCUR.
if you have questions regarding these requUementa, d the city Public Works AdminIst atim Englneering Department at (nr) oaa4750.
L SIONATURI::
I, Vm undersigned, acimwrrledga asst all representation made in this
application are true and accurate to the beat of my h,v Wedge and
autharlm epresent Wee x161 and photagrept, the properly
dsecri app n,
Bv: PE 1 0, etc.
24 ttiie of pcepany mm*r so/"r>BpreTarktivo
ETATS OF PLORICLy couR f of PINK AS
aubeartbed bellom me-thia day vt
0. 201 M me andinr by
4 0 (a poreanatkn-? ht;b
Phu -.. ,... A6
Notary ppuh ? ?
htycbrhMlWon ratp)rae:
Pbbwn Donate MOW
car tomMi1?3i0N # DDIIIN4 L
' no?rr,r?u" slP?c+r??Nc
Page 5 of 6 Flexible Developnt n Application ZOOS- City turwater
0
N
O
'a t~, t-
r,t, ?
ORIGINAL.
AFFIDAVIT TO AUTHORIZE AGENT:
The Family Interest, Inc., a Florida corporation
(Names of all property owners on deed - please PRINT full names)
f. That (I am/we are) the owner(s) and record title holder(s) of the following described property (address or general location):
0120
iled legal.
2. That this property constitutes the property for which a request for a: (describe request)
Flexible Development approval to permit a problematic use.under the
provisions of Section 2-704.L.
R. Donald Mastry of Holland &
3. That the undersigned (has/have) appointed and (does/do) appoint;
Kniqht LLP
as (his/their) agent(s) to execute 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 site visits to the property are necessary by City representatives in order to process this application and the owner authorizes City
representatives to visit and photograph the property described in this application;
6. That (1/we), the undersigned authority, hereby certify that the foregoing is true an ct.
Tnmkl
B
, Inc.
Property Owner
Property Owner
STATE OF FLORIDA,
COUNTY OF PINELLAS
Ifore me a undersi ne" officer duly commissi ad by th law o the S orida, on this a? day of
'o personally appeared who having been first duly sworn
De es and says that he/she fully understands the con ants of the affida ' that he/she
My Commission Expires:
MYCOMMISSION# DD211264 EXPIRES
May 23, 2007
BONDED THRU TROY FAIN INSURANCE INC
Iff'o R, 0- Vv7 17
F11";
S: (Planning DepartmentlApplication Formsldevelopment reviewlflex/ble development application 2005.doc D
I
i ,
SED 3 0 2005 I
i
Page 6 of 6 - Flexible Development Application 2005- City of Clearwater
FROM : WYATT&ASSOCIATES
ft PHONE NO. 813 287 2392
Exhibit A
Legal Description
0 Jul. 11 2005 11: 56AM P3
'AW1
OR lGINAI.
That portion of the Northwest'/ of Section 17, Township 29 South, Range 16
East, Pinellas County, Florida being further described as follows:
Commence at the center of said Section 17; thence along the East line of the
Northwest '/, of said Section 17, N00°19'21"W, 330.00 feet; thence along a line of
330.00 feet North of and parallel to the South line of the Northwest 1/4 of said
Section 17, S89°46'01"W, 490.32 feet to the intersection with the Northwesterly
line of an easement to Pinellas Water Co. as recorded in Deed Book 1465, Page
105, and the Point of Beginning, thence along said line S36°29'49"W, 283.14
feet, thence leaving said line NO0°19'21"W, 226.93 feet, thence N89°46'01"E,
169.68 feet to the Point of Beginning.
l L? Le UV E
SEp ,3 0
LANNING& DEVELQP&,HqT SVC!
----QTY Cj Ci.ZAtH6A1JEq
r
1. Description of Request.
•
ORIGINAL
EXHIBIT B
The applicant is seeking Flexible Development approval to permit a problematic use (check
cashing), under the provisions of Section 2-704.L.
Amscot Financial is a privately held company with approximately 65 locations currently open or
in the process of opening in the Tampa Bay area. Two Amscot locations in Clearwater are operating
at 922 South Missouri Avenue, and 1825 Gulf to Bay Boulevard. A third site is scheduled to open on
North Highland Avenue at Sunset Point Road. All of these sites were processed and approved as
Flexible Development "problematic uses". The proposed use of this site is identical to the other
Amscot locations in Clearwater.
The major components and percentages of the retail operations performed in an Amscot location are:
35% in the sale of money orders, 46% cashing payroll and government checks, 4% tax preparation
and IRS electronic filing, 14% cashing of deferred presentment checks, and 1% money
transmittal. The proposed hours of operation for Amscot are: Monday through Saturday, 7:00 a.m. -
10:00 p.m. and Sunday from 10:00 a.m. - 8:00 p.m. The number of employees runs two to three per
shift.
Because Amscot performs the service of check cashing, the City of Clearwater recognizes the use as
"problematic," under the Community Development Code. There is no indication that there have
been any unusual problems or police activity at Amscot's other two Clearwater locations. In
connection with the Flexible Development Application for the location at Missouri Avenue, the City
evaluated police response reports for the 1825 Gulf to Bay location and found that police calls there
were approximately equivalent to local banking facilities over the same period of time.
This site is part of a new larger banking/retail center that is under construction and was approved as
a Flexible Development Application bearing DRC No. 06-10-04. The site plan and other
supporting documents for this banking/retail center are contained in City of Clearwater File No.
FLS 2004-04026. The site plan shows two stand-alone buildings. Amscot proposes to locate in the
western building which is shown on the site plan as a 4,700 square foot building. Amscot is leasing
the southern 3,700 square feet of this building. The Flexible Development Application for the
banking/retail center was to allow a 15' setback to the parking lot pavement instead of the required
25' along Gulf to Bay. It should be noted that this variance was needed for the MacDill Credit
Union Building on the east side of the site, not for the building that will be occupied by Amscot.
l!n 1. U U Lg
SEa 3 0 2
PLANNING 8 )EVi: LOP EN i
. CA1Y QF Cl.Ua .ALr4L.9
so
II.
General Applicability Criteria (Section 3-913).
ORIGINAL
1. The proposed development of the land will be in harmony with the scale, bulk,
coverage, density, and character of adjacent properties in which it is located.
The proposal is to establish a typical Amscot retail outlet which includes a check
cashing facility located in 3,700 square feet of a 4,700 square foot building. The
building is part of a larger banking/retail center located in a commercial section of Gulf
to Bay totally surrounded by other commercial uses. This banking/retail center is in full
compliance with all City codes other than the front setback that was the subject of the
Flexible Development Application for the center. The proposal is similar is size and
scale to other commercial development in the area.
2. The proposed development will not hinder or discourage the appropriate
development and use of adjacent land and buildings or significantly impair the
value thereof.
The Amscot business should not create negative impacts on the surrounding
commercial properties. The other existing Amscot sites have not adversely affected
their neighbors and provide useful services to the surrounding commercial uses. This
particular facility is set back almost 100 feet from Gulf to Bay Blvd. There is a
retention pond on the property to the west and the property to the north is a parking lot
for a multi-story office building. The other building in this retail/banking center is a
federal credit union.
3. The proposed development will not adversely affect the health or safety or persons
residing or working in the neighborhood of the proposed use.
The Amscot business will not adversely affect the health or safety or persons residing
or working in the neighborhood. An Amscot location is no different in appearance
to any other retail or banking establishment. There is no indication that police
activity is any higher at an Amscot location than at a standard banking facility.
4. The proposed development is designed to minimize traffic congestion.
The proposal is expected to have little or no increased effect on traffic congestion. The
site plan meets parking requirements. An Amscot location should not generate
traffic greater than any other retail or banking operation. There are no drive-through
facilities for the Amscot use. A traffic study was submitted as part of the Flexible
Development Application for this banking/retail site. The Amscot business operation
should not deviate from the traffic projected in that study. ?,...
p V?'_
SEa 3 0 2005. 11
2
?J
ORIGINAL
5. The proposed development is consistent with the community character of the
immediate vicinity of the parcel proposed for development.
Commercial uses surround this new retail/banking center, making the site consistent with
the community character of the immediate vicinity. This is a one story structure that meets
parking requirements and all other provisions of the Development Code. It fits nicely with
the surrounding character of commercial uses.
6. The design of the proposed development minimizes adverse effects, including
visual, acoustic and olfactory and hours of operation impacts, on adjacent
properties.
There are no anticipated adverse visual, acoustic, or olfactory impacts to adjacent
properties. There are no surrounding uses that will be affected by these hours of operation.
All surrounding uses are commercial in character with the surrounding zoning. The use to
the north is a parking lot for a multi-story office building further to the north. A
retention pond is located on the western property. There are commercial uses to the
south and east. An Amscot location does not generate visual, acoustic and olfactory
impacts on anyone any greater than a bank or other retail operation. It should also be
noted that this building is located almost 100 feet from Gulf to Bay.
III. Flexible Criteria for Problematic Uses in the C, Commercial District (Section 3-
704.L).
1. Location.
a. The parcel proposed for development is not adjacent to a parcel of land which is
designated as residential in the Zoning Atlas.
b. b. The use is not located within 500 feet of another problematic use.
This site is not adjacent to a parcel of land which is designated residential in the Zoning
Atlas. The check cashing use will not be located within 500 feet of another problematic
use.
2. Design.
a. The building in which the use is located is painted or otherwise finished in
materials and colors which are muted.
b. There are no security bars on the outside of the doors or windows which are
visible from a public right-of-way.
The building is taupe with white trim. It contains no security bars. There is a blue and
yellow illuminated awning along the south and east roof lines of the building. There is
no si age near these awnings. There is a non-illuminated awning of the same blue and
;$h va [? (%e (Rkance to the building where the Amscot sign is located,
SEp 3 0 2005
PLANNING & DEVEi.;.;P?,'* ? 1
FROM : WYATT&ASSOCIRTES to PHONE NO. : 813 287 2392
14?
This instrument was prepared
by and should be returned to:
Stephen M. Hudoba, Esquire, of
Hill, Ward & Henderson, P.A.
Sank of America Plaza, Suite 3700
101 East Kennedy Boulevard
Tampa, Florida 33602
4*Ju 1. 11 2005 11: 56AM P2
ORIGINAL
KARLEEN F. DE SLAKER, CLERK OF COURT
PINELLAS COUNTY FLORIDA
INST# 2004348024 0W30/200a at 03:23 PM
OFF REC BK: 13797 PG: 1678-1681
DocType:DEED RECORDING; $35.50
D DOC STAMP; 30.70
SPECIAL WARRANTY DEED
THIS SPECIAL WARRANTY DEED is made this .3* day of August, 2004, by and
between WYATT REAL ESTATE SERVICES, INC., a Florida corporation, whose post office
address is 1211 Westshore Boulevard, Suite 315, Tampa, Florida 33607 (hereinafter referred to
as the "Grantor"), and THE FAMILY INTEREST, INC., a Florida corporation, whose post office
address is 1.211 Westshore Boulevard, Suite 315, Tampa, Florida 33607 (hereinafter referred to
as the "Grantee").
WLTXVESSETH:
The Grantor, for and in consideration of the sum of Ten and No/100ths Dollars ($10.00)
and other good and valuable considerations, the receipt and sufficiency of which are hereby
acknowledged, hereby grants, bargains, sells, conveys, remises, releases and confirms unto the
Grantee, its successors and assigns, all that certain land situated in Pinellas County, Florida, to-
wit:
See Exhibit A attached hereto and incorporated herein by reference
subject to the matters set forth on Exhibit B attached hereto and
incorporated by reference herein.
TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging
or in anywise appertai'?'nng.
TO HAVE AND TO HOLD the same in fee simple forever.
The Grantor does hereby covenant that it warrants and will defend the same against the
lawful claims .of all persons whomsoever claiming by, through or under the Grantor but against
none other; subject, however, to those matters listed on Exhibit B attached hereto.
Property Appraiser's Id. No. 17/29/16/00000/240/0100
Tax Id. No. of Grantee: 20-1169033
?I D
SED 3 0 2005
U
2
FROM `: WYATT&ASSOCIATES PHONE NO. 613 267 2392 4*Jul. 11 2005 11:56AM P3
Exhibit A
ORIGINAL
Legal Description
That portion of the Northwest'/ of Section 17, Township 29 South, Range 16
East, Pinellas County, Florida being further described as follows:
Commence at the center of said Section 17; thence along the East line of the
Northwest '/, of said Section 17, N00°19'21"W, 330.00 feet; thence along a line of
330.00 feet North of and parallel to the South line of the Northwest '/d of said
Section 17, S89°46'01"W, 490.32 feet to the intersection with the Northwesterly
line of an easement to Pinellas Water Co. as recorded in Deed Book 1465, Page
105, and the Point of Beginning, thence along said line S36°29'49"W, 283.14
feet, thence leaving said line NOW19'21"W, 226.93 feet, thence N89046'0 1"E,
169.68 feet to the Point of Beginning.
a L C?
SSEP 3 0 2005
0
* ORIGINAL
separated from the sign. The 16 square foot Amscot sign is also blue and yellow and is
illuminated. This is consistent with the Amscot color combinations appearing at the
other locations in Clearwater. The building is located almost 100 feet from Gulf to Bay
with a nicely landscaped entry drive.
3. Signs. Any signage which has a height of greater than six feet is part of a
comprehensive sign program.
Amscofs building sign is only 16 square feet in size. It is blue and yellow and is
illuminated. Any free standing signage will be submitted by the owner of the shopping
center and will include an Amscot sign on the free standing shopping center sign.
4. The building in which the use is located is a building which is conforming to all
current land development and building regulations.
The proposed use will be in a building currently under construction that complies with
the approved site plan and building regulations. The proposed problematic use does not
change the configuration of the site or building.
5. Front setback: The reduction in front setback results in an improved site plan or
improved design and appearance.
This application does not change the approved front setback of the building.
6. Rear setback:
a. The reduction in rear setback does not prevent access to the rear of any
building by emergency vehicles;
b. The reduction in rear setback results in an improved site plan, more efficient
parking, improved design and appearance and landscaped areas are in excess
of the minimum required.
This application does not change the rear setback or access to the building by emergency
vehicles. The proposal does not affect the approved site plan or landscaping plan.
# 3023784_vl
2W5
ANNING8^DEVELQp;-t raraVCS?
4
FROM : WYRTT&ASSOCIRTES 49 PHONE NO. : 813 287 2392 Jul.111 2005 11:57AM P4
'?::a• rcO.t2 NIA lR'M?A`u •?J'^O
o ????'? ? ? ?
aa.nar) i?a?1T p- V
lt
-
-
.rwei
AMP
a R¦{ A ?I
3S7Yif3=
V
ILA
'
NY
Id
NY
Id ,Z„i O'['3A4tYS $1IIa
w n to r
?• M
i•.. .?::
WAa w. rriA« a.R'w,.w aaa? Mlan ?•r M ??' iM NO NM
r -
y
wr ... ? rr.
R 110 it'll INAL
11
?I 11
f
?I
a.. y `
•
- ••? i
R. I
d'i
III A619019 M! :! i f? Efts
04
oil,
!
}
A s 1
?I, 1 e «Y l ?; i ! I? '!
r
1
• #
? f I ? •?
` ?
I
t
a ? ? f
psi
3
1
e i
-?
IVA
,
! r i
p _HRFi
SEA 2005
f
r
D? "' 22
DLl
n D
r
= ?:
!?E r- m -
I D n
00 <
0 r-
' r
D
./ I
mo- Z J O
--O
o_ Z 1 r
fl-l r ?+ a
n ?
aZ
A n
j 0
O
?T
0
G1
Z
N
41
N ,ly z
C! ?f
C)
1
77
iv-
a
r
D
n
m
O
D
r
2 w
.............
AMSCOTCORPORATbN
ocncN
%THOMAS -T
NUM9EN 39893
SIGNBLAWNING COMP iNY,INC uWNON,:R.dm,Tnespm
uMS?uxr.a•wwrnvcNUxuo lvEC.s NUn?>sas
4590118TH AVENUE NORTH • CLEARWATER' 33762 uz+sKlNrm.n INblM05
?? Jpm
800-526-3325 * 727.573-7757 • FAX T' 328
?rE 7/21/05
AooaczsD? GULF TOBAV&SKYHARBOR
urr surf zALES aKErsr nu:Er or
CLEARWATER FL aEV KH RAH 1
NpNI:ADDEDWALLS NTOAMMNGSANDORAYS
nMi+KrJSros DAP-1.
?ANnIwEOASNOJEO ogrAT"
e
W.M4pN.,MAKLi AWN NDIHll93)
xs:ADpAWNWGInrpulK -5-n15 pvEVaEA xemsM.r o.re
O
c E=
r
C
Z
m
AMSCOT CORPORATION
CLEARWATER, FL
CD
i_le
JTm?
RIGHT ELEVATION
SCALE: 1/8" = 1'-0"
0
v `
''
O
C
1P
,
?
ca t
20'_0"
LEFT ELEVATION
SCALE: 1 /8" = V-0"
1
3'-11'
I
15'- 5"
- 3'-11
AWNING CUT OUT FOR SIGN
SCALE: 1/4"= l'-0"
1
-THIS AWNING IS NON-ILLUMINATED
AWNING LOGO SQ.FT.= 16
8'- 3'
2'- 10'
DIGITAL FACED WALL SIGN
T.11"
-. _i
d
x
a a
n
Y ;
7 3
x
S? o a ?
E ?
f F
i E
T
V ?
=m
a=?.
CL
v?LL
?W.
0
?I .tl °z r
_m
2 W .
yam
m ?o
O O
ao
<m
THIS AWNING IS NON-ILLUMINATED
1
3' 11"
- X-z-
20'-0"
37'-7"
f1YVIV IIVV LVUV ?V.r• 1.= I O nrvlrl?r? ?v?V ?y.r I.- c?
?D
11
411C
CITY OF C LEARWAT E R
PLANNING DEPARTMENT
POST OFFICE BOX 4748, CLEARWATER, FLORIDA 33758-4748
MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756
TELEPHONE (727) 562-4567 FAx (727) 562-4865
LONG RANGE PLANNING
DEVELOPMENT REVIEW
January 19, 2006
Mr. R. Donald Mastry
Holland & Knight, LLP
200. Central Avenue, Suite 1600
St. Petersburg, FL 33701
Re: FLD2005-09097 - 2760 Gulf to Bay Boulevard
Dear Mr. Mastry:
This letter constitutes a Development Order pursuant to Section 4-206.D.6. of the Community Development
Code. On January 17, 2006, the Community Development Board (CDB) reviewed your Flexible Development
request. to permit a Problematic Use within the Commercial (C) District under the provisions of Section 2-704.L.
The CDB APPROVED the application based upon the following Findings of Fact and Conclusions of Law and
subject to the attached conditions of approval:
Findings of Fact and Conclusions of Law:
1. That the 2.22-acre subject property is located within the Commercial (C) District and the Commercial
General (CG) Future Land Use Plan category;
2. That there are no pending Code Enforcement issues with subject property;
3. That positive findings were previously made for the subject property with regard to the Standards and
Criteria of Sections 2-701.1 and 2-704 as part of the Minimum Standard Development (building permit)
review process, and the development proposal will not have an impact upon these standards and criteria;
4. That a positive finding cannot be made for the development proposal with regard to the Flexibility Criteria
(Section 2-704.17), as the building in which the use is to be located is not finished in colors which are muted;
and
5. That a positive finding cannot be made for the development proposal with regard to the General
Applicability Standards (Section 3-913.A), as the proposal does not minimize the adverse visual effects on
adjacent properties.
Conditions of Approval:
1. That all Fire Department requirements be met, prior to the issuance of any permits;
2. That all Traffic Department requirements be met, prior to the issuance of any permits;
3. That all Transportation Impact Fees are paid prior to the issuance of a Certificate of Occupancy;
4. That all outstanding site issues associated with BCP2004-08760 are resolved prior to the issuance of a
certificate of occupancy;
FRANK HIBBARD, MAYOR
BILL. JONSON, VICI MAYOR JOHN DORAN, COUNCIL NIFMBER
HOYT HAMILTON, COUNCII.MEMBER CARLF.N A. PETFRSEN, COUNCII MEMBER
"EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION F,MPLOYER"
5. That the colors utilized by Amscot, whether it be for awnings, signage or other architectural elements, be
"muted" in accordance with the Flexibility Criteria of Section 2-704.F and consistent with the colors used
within the development;
6. That any/all signage for Amscot meets with the conditions of the Development Order issued for the
Comprehensive Sign Program approved on September 15, 2005 (SGN200-09014), and/or as amended by
subsequent applications;
.7. That the awnings proposed along the south, southeast and east facades are ell nated;
8. That the first building permit be applied for within one year (by January 17, 2007) of Community
Development Board approval; and
9. That the final Certificate of Occupancy be obtained within two years of issuance of the first building permit.
Pursuant to Section 4-407, an application for a building permit shall be made within one year of Flexible
Development approval (by January 17, 2007). All required Certificates of Occupancy shall be obtained within
two years of the date of issuance of the initial building permit. Please be advised that time frames do not change
with successive owners. The Community Development Coordinator may grant an extension of time for a period
not to exceed one year and only within the original period of validity. The CDB may approve one additional
extension of time after the Community Development Coordinator's extension to initiate a building permit
application.
The issuance of this Development Order does not relieve you of the necessity to obtain any building permits or
pay any impact fees that may be required. In order to facilitate the issuance of any permit or license affected by
this approval, please bring a copy of this letter with you when applying for any permits or licenses that require
this prior development approval.
Additionally, an appeal of a Level Two approval (Flexible Development) may be initiated pursuant to Section 4-
502.B. by the applicant or by any person granted party status within 14 days of the date of the CDB decision.
The filing of an application/notice of appeal shall stay the effect of the decision pending the final determination
of the case. The appeal period for your case expires on January 31, 2006 (14 days from the date of the CDB
decision).
Should you have any questions, please do not hesitate to contact Robert G. Tefft, Planner III at (727) 562-4539
or via e-mail at robert.tefftAMyclearwater.com.
Sincerely,
Michael De AI
Planning Director
S. IPlanning DepartmentlCD BIFLEX (FLD)Ilnactive or Finished Applications)Gulf to Bay 2760 Amscot (C) - ApprovedlGulf to Bay Blvd 2760 -
Development Order.doc
w
0 0
CITY OF CLEARWATER
PLANNING DEPARTMENT
POST OFFICE BOX 4748, CLEARWATER, FLORIDA 33758-4748
MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756
TELEPHONE (727) 562-4567 FAX (727) 562-4865
LONG RANGE PLANNING
DEVELOPMENT REVIEW
January 19, 2006
Mr. R. Donald Mastry
Holland & Knight, LLP
200 Central Avenue, Suite 1600
St. Petersburg, FL 33701
Re: FLD2005-09097 2760 Gulf to Bay Boulevard
Dear Mr. Mastry:
This letter constitutes a Development Order pursuant to Section 4-206.D.6. of the Community Development
Code. On January 17, 2006, the Community Development Board (CDB) reviewed your Flexible Development
request to permit a Problematic Use within the Commercial (C) District under the provisions of Section 2-704.L.
The CDB APPROVED the application based upon the following Findings of Fact and Conclusions of Law and
subject to the attached conditions of approval:
Findings of Fact and Conclusions of Law:
1. That the 2.22-acre subject property is located within the Commercial (C) District and the Commercial
General (CG) Future Land Use Plan category;
2. That there are no pending Code Enforcement issues with subject property;
3. That positive findings were previously made for the subject property with regard to the Standards and
Criteria of Sections 2-701.1 and 2-704 as part of the Minimum Standard Development (building permit)
review process, and the development proposal will not have an impact upon these standards and criteria;
4. That a positive finding cannot be made for the development proposal with regard to the Flexibility Criteria
(Section 2-704.F), as the building in which the use is to be located is not finished in colors which are muted;
and
5. That a positive finding cannot be made for the development proposal with regard to the General
Applicability Standards (Section 3-913.A), as the proposal does not minimize the adverse visual effects on
adjacent properties.
Conditions of Approval:
1. That all Fire Department requirements be met, prior to the issuance of any permits;
2. That all Traffic Department requirements be met, prior to the issuance of any permits;
3. That all Transportation Impact Fees are paid prior to the issuance of a Certificate of Occupancy;
4. That all outstanding site issues associated with BCP2004-08760 are resolved prior to the issuance of a
certificate of occupancy;
FRANK HIBBARD, MAYOR
BUJ. JONSON, VICE-MAYOR JOHN DORAN, COUNCILMEMBER
HOYT HAMILTON, COUNCILMEMBER CARLEN A. PETERSI:N, COUNCI MEMBER
"EQUAL EMPLOYMENT AND AFFIRMATIVi, ACTION EMPLOYER"
0
0
5. That the colors utilized by Amscot, whether it be for awnings, signage or other architectural elements, be
"muted" in accordance with the Flexibility Criteria of Section 2-704.F and consistent with the colors used
within the development;
6. That any/all. signage for Amscot meets with the conditions of the Development Order issued for the
Comprehensive Sign Program approved on September 15, 2005 (SGN2005-09014), and/or as amended by
subsequent applications;
7. That the awnings proposed along the south, southeast and east fagades are eliminated;
8. That the first building permit be applied for within one year (by January 17, 2007) of Community
Development Board approval; and
9. That the final Certificate of Occupancy be obtained within two years of issuance of the first building permit.
Pursuant to Section 4-407, an application for a building permit shall be made within one year of Flexible
Development approval (by January 17, 2007). All required Certificates of Occupancy shall be obtained within
two years of the date of issuance of the initial building permit. Please be advised that time frames do not change
with successive owners. The Community Development Coordinator may grant an extension of time for a period
not to exceed one year and only within the original period of validity. The CDB may approve one additional
extension of time after the Community Development Coordinator's extension to initiate a building permit
application.
The issuance of this Development Order does not relieve you of the necessity to obtain any building permits or
pay any impact fees that may be required. In order to facilitate the issuance of any permit or license affected by
this approval, please bring a copy of this letter with you when applying for any permits or licenses that require
this prior development approval.
Additionally, an appeal of a Level Two approval (Flexible Development) may be initiated pursuant to Section 4
502.B. by the applicant or by any person granted party status within 14 days of the date of the CDB decision.
The filing of an application/notice of appeal shall stay the effect of the decision pending the final determination
of the case. The appeal period for your case expires on January 31, 2006 (14 days from the date of the CDB
decision).
Should you have any questions, please do not hesitate to contact Robert G. Tefft, Planner III at (727) 562-4539
or via e-mail at robert.tefft(a)myclearwater.com.
Sincerely,
Michael elk, AI
Planning Director
S: (Planning Department)C D BIFLEX (FLD)Ilnactive or Finished Applications lGulf to Bay 2760 Amscot (C) - Approved)Gulf to Bay Blvd 2760 -
Development Order.doc
1.30 pm Case Number: FLD2005-09097 -- 2760 GULF TO BAY BLVD
Owner(s): Maedill Federal Credit Union
9927 Delaney Lake Dr
Tampa, Fl 33619
TELEPHONE: No Phone, FAX: No Fax, E-MAIL: No Email
Applicant Amscot
600 N Westshore Blvd Ste 1200
Tampa, F133609
TELEPHONE: 813-637-6238, FAX: 813-637-6188, E-MAIL: No Email
Representative: Holland & Knight
200 Central Avenue Ste 1600
St Petersburh, F133701
TELEPHONE: 727-824-6140, FAX: 727-822-8048, E-MAIL: No Email
Location: 2.22 acres located at the north side of the intersection of Gulf to Bay Boulevard and Sky Harbor Drive.
Atlas Page: 291A
Zoning District: C, Commercial
Request: Flexible Development approval to permit a Problematic Use within the Commercial (C) District under the
provisions of Section 2-704.L.
Proposed Use: Problematic uses
Neighborhood Clearwater Neighborhoods Coalition
Association(s): Clearwater, Fl 33761.
2544 Frisco Drive
TELEPHONE: 727-725-3345, FAX: No Fax, E-MAIL: Djw@gte.net
Presenter: Robert Tefft, Planner III
Attendees Included: -Da
The DRC reviewed this application with the following comments:
General Engineering: -? x
No Comments - `?i ?t+1on PY?
Environmental:
No Comments
Fire:
No Comments
Harbor Master:
No Comments
Legal:
No Comments
Land Resources:
No Comments
Landscaping:
No Comments
Parks and Recreation:
No Comments
Stormwater:
No Comments
Solid Waste:
I , That dumpster enclousure(s) needs to be constructed to City specifications.
Traffic Engineering:
1 . General note
Planning:
As of 10/21/2005 the site has some outstanding site issues that must be resolved prior to a
certificate of occupancy see BCP2004-08760.
Comply with the current Transportation Impact Fee Ordinance and fee schedule.
Development Review Agenda - Thursday, November 3, 2005 - Page 45
• •
Pursuant to Section 2-704.L. Lb, the proposed problematic use is located within 500 feet of
another problematic use at 2794 Gulf to Bay Boulevard (tatoo parlor). As such the proposed use
is not permissable.
2. Pursuant to Section 2-704.L.2.a, the building in which the proposed problematic use is to be
located shall be painted or otherwise finished in materials and colors which are muted. The
development proposal includes the installation of three (3) bright blue and yellow awnings as
well as bright blue and yellow signage, the provision of which is inconsistent with the above
restriction.
\/3 . Clarify how far the proposed awnings project from the building facade.
4'4 . Clarify how far the proposed signage projects from the building facade.
.15 . While the center awning has been identified as non-illuminated, clarify whether the two other
awnings are illuminated or non-illuminated.
i;6 .? Please be advised that a Comprehensive Sign Program was recently approved for the subject
property (09/15/05), which allowed for 40 square feet of internally illuminated channel letters on
the south building facade of the subject tenant space. The proposed signage is inconsistent with
this approval with regard to the style of the signage and the location of the signage and must be
modified so as to be consistent with the previous Comprehensive Sign Program approval.
Other:
No Comments
Notes: This application has been deemed insufficient to proceed before the Community Development Board (CDB). Please submit
revised plans and.application package on or before Noon, November 30, 2005, for review by the DRC on January 5, 2006.
Development Review Agenda - Thursday, November 3, 2005 - Page 46
i •
LONG RANGE PLANNING
DEVELOPMENT REVIEW
October 11, 2005
Mr. R. Donald Mastry
Holland & Knight, LLP
200 Central Avenue, Suite 1600
St. Petersburg, FL 33701
CITY OF C LEARWATE R
PLANNING DEPARTMENT
POST OFFICE BOX 4748, CLEARWATER, FLORIDA 33758-4748
MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756
TELEPHONE (727) 562-4567 FAx (727) 562-4576
Re: FLD2005-09097 - 2760 Gulf to Bay Boulevard - Letter of Completeness
Dear Mr. Mastry:
The Planning Staff has entered your application into the Department's filing system and assigned the case
number FLD2005-09097. After a preliminary review of the submitted documents, staff has determined that the
application is complete.
The Development Review Committee (DRC) will review the application for sufficiency on Thursday,
November 3, 2005, in the Planning Department conference room - Room 216 - on the second floor of the
Municipal Services Building at 100 South Myrtle Avenue. Please contact Sherry Watkins, Administrative
Analyst, at (727) 562-4582 no earlier than one week prior to the meeting date for the approximate time that your
case will be reviewed. You or your representative (as applicable) must be present to answer any questions that
the DRC may have regarding your application. Additional comments may be generated by the DRC at the time
of the meeting.
Should you have any questions, please do not hesitate to contact me at (727) 562-4539 or via e-mail at
robert.tefft(cbmyclearwater. com.
Sincerely yours,
Robert G. Tefft, Planner III
Planning Department
City of Clearwater
Tel: (727) 562-4539
Fax: (727) 562-4865
BRIAN J. AUNGSI', MAYOR
FRANK HIBBARD, VICE MAYOR HOYI' I L1,NIICI'ON, COUNCI1 MEMBER
BILL JONSON, COUNCILMEMBER ® CARLEN A. PETERSEN, COUNCILMEMBER
"EQUAL E viPLOYMENT AND AFFIRMAIIVF. ACTION EMPLOYER"
Oct. 11 2005 10:42AM
YOUR LOGO City0fClearwater-Plan Dept
YOUR FAX NO. 727 562 4865
NO. OTHER FACSIMILE START TIME USAGE TIME MODE PAGES RESULT
01 98228048 Oct.11 10:41AM 00'56 SND 02 OK
TO TURN OFF REPORT, PRESS 'MENU' #04.
THEN SELECT OFF BY USING '+' OR
FOR FAX ADVANTAGE ASSISTANCE, PLEASE CALL 1-800-HELP-FAX (435-7329).
0
CITY OF CLEARWATER LL
PLANNING DEPARTMENT °
Clearwater
100 SOUTH MYRTLE AVENUE
ION
CLEARWATER, FLORIDA 33756 U
TEL: (727) 562-4567 FAX: (727) 562-4865
FACSIMILE COVER SHEET
Date:
To:
From:
Re:
October 11, 2005
R. Donald Mastry, Holland & Knight, (727) 822-8048
Robert G. Tefft, Planner III
FLD2005-09097 - 2760 Gulf to Bay Boulevard (Amscot)
Number of Pages Including Cover Sheet: 2
Comments:
"Please confirm receipt via e-mail at: robert.teffta,mycleanvater.com **
** Visit the Planning Department online at www.myclearwater.com **
Holland+Knic
.%t
ORIGINAL
October 6, 2005
VIA HAND DELIVERY
Robert G. Tefft, Planner III
Planning Department
City of Clearwater
100 South Myrtle Avenue
Clearwater, Florida 33756
is
Holland & Knight LLP
200 Central Avenue. Suite 1600
St. Petersburg, FL 33701-3326
www.hklaw.com
Tel 727 896 7171
Fax 727 822 8048
Stephen C. Chumbris
727 824 6132
steve.chumbris@hklaw.com
l f}
Re: FLD2005-09097 - 2760 Gulf to Bay Boulevard
Dear Mr. Tefft:
This is in response to your Letter of Incompleteness dated October 3, 2005, addressed to
R. Donald Mastry of our firm. I contacted you regarding the items referenced in your letter and
based upon my understanding of our conversation please find enclosed the following:
1. Page 3 of the Flexible Development Application with initials of applicant acknowledging
storm-water plan requirements together with 14 additional copies.
2. Page 5 of the Flexible Development Application with initials of applicant acknowledging
traffic impact study requirements together with 14 additional copies.
3. A signed, sealed survey of the subject property together with 14 additional copies.
4. Site plan together with 14 additional copies.
5. Fifteen black and white, 8 1/2 x 11, copies of the building elevations showing the awning.
Thank you very much for processing these additions to the Flexible Development
Application and please let me know if there is anything further that you need.
Sincerely,
Stephen C. humbris
Z4
HOLLAND & KNIGHT LLP
0 0
LONG RANGE PLANNING
DEVELOPMENT REVIEW
October 3, 2005
Mr. R. Donald Mastry
Holland & Knight, LLP
200 Central Avenue, Suite 1600
St. Petersburg, FL 33701
CITY OF C LEARWAT E R
PLANNING DEPARTMENT
POST OFFICE BOX 4748, CLEARWATER, FLORIDA 33758-4748
MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756
TELEPHONE (727) 562-4567 FAx (727) 562-4576
Re: FLD2005-09097 - 2760 Gulf to Bay Boulevard - Letter of Incompleteness
Dear Mr. Mastry:
The Planning Staff has entered your application into the Department's filing system and assigned the case
number FLD2005-09097. After a preliminary review of the submitted documents, staff has determined that the
application is incomplete with the following comments:
1. The submitted Flexible Development Application is incomplete with regard to the acknowledgement of
stormwater plan requirements;
2. The submitted Flexible Development Application is incomplete with regard to the acknowledgement of
traffic impact study requirements;
3. As per Section F of the Flexible Development Application, provide a signed and sealed survey of the subject
property;
4. Pursuant to Section G of the Flexible Development Application, a site plan is required to be submitted. The
site plan shall include information as referenced, in the aforementioned Section G.
5. The "full-size" architectural elevations submitted are inconsistent with the reduced architectural elevations
with regard to the proposed awnings.
Section 4-202 of the Community Development Code states that if an application is deemed incomplete, the
deficiencies of the application shall be specified by Staff. No further development review action shall be taken
until the deficiencies are corrected and the application is deemed complete. Please resubmit by Noon, Monday,
October 10, 2005.
Should you have any questions, please do not hesitate to contact me at (727) 562-4539 or via e-mail at
robert.tefft@myclearwater.com.
Sincerely yours,
Robert G. Tefft, Planner III
Planning Department
City of Clearwater
Tel: (727) 562-4539
Fax: (727) 562-4865
BRIAN J. AUNGST, MAYOR
FRANK HIBBARD, VICE MAYOR HOYr HAMILTON, COUNCILMEMBER
BILL JONSON, COUNCIL.MEMBER ® CARLEN A. PETERSEN, COUNCILMEMBER
"EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER"
0 0
Oct. 03 2005 03:00PM
YOUR LOGO CityOfClearwater-Plan Dept
YOUR FAX NO. 727 562 4865
NO. OTHER FACSIMILE START TIME USAGE TIME MODE PAGES RESULT
01 98228048 Oct.03 02:59PN 00'59 SND 02 OK
TO TURN OFF REPORT, PRESS 'MENU' #04.
THEN SELECT OFF BY USING '+' OR
FOR FAX ADVANTAGE ASSISTANCE, PLEASE CALL 1-600-HELP-FAX C435-73297.
0
CITY OF CLEARWATER
PLANNING DEPARTMENT
100 SOUTH MYRTLE AVENUE
CLEARWATER, FLORIDA 33756
TEL: (727) 562-4567 FAX: (727) 562-4865
0
Clearwater
FACSIMILE COVER SHEET
Date: October 3, 2005
To: R. Donald Mastry, Holland & Knight, (727) 822-8048
From: Robert G. Tefft, Planner III
Re: FLD2005-09097 / 2760 Gulf to Bay
Number of Pages Including Cover Sheet: 2
Comments:
** Please confirm receipt via e-mail at: robert.te((t(a?myclearwater.coni **
** Visit the Planning Department online at www.myclearwater.com **
0
CDB Meeting Date:
?. Case Number:
Agenda Item:
Owner:
Applicant:
Representative:
Address:
January 17, 2006
FLD2005-09097
E. 2.
The Family Interest, Inc.
Amscot Corporation d/b/a Amscot Financial
R. Donald Mastry, Holland & Knight, LLP.
2760 Gulf to Bay Boulevard
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
GENERAL INFORMATION:
0
REQUEST: Flexible Development request to permit a Problematic Use within the
Commercial (C) District under the provisions of Section 2-704.L.
EXISTING ZONING: Commercial (C) District.
EXISTING LAND USE: Commercial General (CG) Category.
PROPERTY USE: Current Use: Vacant.
Proposed Use: Problematic Use (Check Cashing).
ADJACENT ZONING / North: Commercial (C) District / Offices.
LAND USE: South: Commercial (C) District / Restaurant and Vacant.
East: Commercial (C) District / Retail Sales and Service.
West: Commercial (C) District / Restaurant and Vacant.
ANALYSIS:
Site Location and Existing Conditions:
The 2.22 acre subject property, which is located at the north side of the intersection of Gulf to Bay
Boulevard and Sky Harbor Drive, is zoned Commercial (C) with an underlying Future Land Use Plan
(FLUP) category of Commercial General (CG). It is noted that prior to 2005, the subject property existed
as a vacant lot.
According to the City's records, a Flexible Standard Development application (FLS2004-04026) was
approved on June 10, 2004, for the construction of a 6,600 square foot building (MacDill Federal Credit
Union) with attached drive-thru facility on the eastern half of the site, and a 4,700 square foot retail
building consisting of two bays on the western half of the site. The approval also included a reduction to
the front (south) setback from 25 feet to 15 feet to the parking lot pavement.
Subsequent to the approval of the Flexible Standard Development application, several building permits
were issued, and the associated on-site improvements are nearing completion, and the property owner is
in the process of acquiring tenants for the retail bays.
Development Proposal:
Pursuant to Section 8-102, check cashing centers are considered a problematic use; and pursuant to
Section 2-704, problematic uses are permitted within the Commercial (C) District subject to the approval
of a Flexible Development application.
Community Development Board - January 17, 2006
Case FLD2005-09097 - Page i
•
Amscot Financial is proposing to occupy the 3,700 square foot retail bay, which fronts Gulf to Bay
Boulevard. According to information provided to the City by Amscot, check cashing comprises 46
percent of the retail operations performed by Amscot. Therefore, Amscot is considered to be a
problematic use and requires the approval of a Flexible Development application prior to occupying the
site.
Flexibility Criteria - Problematic Uses: Pursuant to Section 2-704.L, problematic uses are permitted
within the Commercial (C) District provided the following Flexibility Criteria are met:
1. Location:
a. The parcel proposed for development is not contiguous to a parcel of land which is designated as
residential in the Zoning Atlas; and
b. The use is not located within 500 feet of another problematic use.
The subject property is not contiguous to any parcels of land that are designated as residential within
the Zoning Atlas. Specifically, the property is surrounded by property that is designated as
Commercial (C) District. Further, the property is not located within 500 feet of another problematic
use. Based upon the above, the development proposal is consistent with this criterion.
2. Design:
a. The building in which the use is located is painted or otherwise finished in materials and colors
which are muted; and
b. There are no security bars on the outside of doors or windows which are visible from a public
right-of-way.
No security bars were approved as part of the Flexible Standard Development review process for the
subject property, and none are proposed with this application. However, this application does
propose the installation of awnings along the south, southeast and east fagades of the building. The
awnings are proposed to be finished in colors (bright yellow and blue) that are not "muted" as
required by this criterion, and further are inconsistent with the overall color scheme for the
development.
It is noted that the building that Amscot occupies at 922 South Missouri Avenue, has a color scheme
consisting of taupe as the primary building color with red and white as accent colors. With the
approval of the Flexible Development application (FLD2003-05023) for Amscot at this location,
Amscot was required to use this color scheme for its signage. The thinking behind this was that all
the signage on site would be consistent with one another and with the building in regard to color; and
thus Amscot would not "stand out" from the other tenants by the use of bright or loud colors.
The building that Amscot is currently proposing to occupy has a color scheme consisting of beige as
the primary building color with white as an accent color. The signage for MacDill Federal Credit
Union on the eastern half of the subject property will consist of blue and red with white trim. As
such, rather than recommend denial of this application based upon the proposed use of "loud" colors
for the awnings, it is instead attached as a condition of approval that the colors utilized by Amscot,
whether it be for awnings or signage, be "muted" in accordance with this criterion and consistent
with the colors used within the development. Based upon the above and subject to the attached
condition of approval, the development proposal will be consistent with this criterion.
3. Signs: Any signage which has a height of greater than six feet is a part of a comprehensive sign
program.
Community Development Board - January 17, 2006
Case FLD2005-09097 - Page 2
• •
At this time, no specific signage is proposed for Amscot. A Comprehensive Sign Program
(SGN2004-09014) was previously approved for the subject property, and said approval will govern
the signage for the proposed use. However, it is recommended that a condition of approval be made
that any/all signage for Amscot is provided in colors that are "muted" in accordance with these
Flexibility Criteria. Based upon the above, the development proposal will be consistent with this
criterion.
4. The building in which the use is located is a building which is conforming to all current land
development and building regulations.
As previously stated, the building in which Amscot is proposing to locate is presently under
construction, and was approved through the City's Flexible Standard Development approval process.
This approval did allow for a reduction to the front (south) setback from 25 feet to 15 feet to the
parking lot pavement; however no deviations were requested or approved for the actual building in
which Amscot is proposing to locate. Based upon the above, the development proposal is consistent
with this criterion.
5. Front Setback: The reduction in front setback results in an improved site plan or improved design
and appearance.
This criterion is not applicable as no deviation to the front setback has been requested or is necessary
as part of this Flexible Development request.
6 Rear Setback:
a. The reduction in rear setback does not prevent access to the rear of any building by emergency
vehicles; and
b. The reduction in rear setback results in an improved site plan, more efficient parking, or
improved design and appearance and landscaped areas are in excess of the minimum required.
This criterion is not applicable as no deviation to the rear setback has been requested or is necessary
as part of this Flexible Development request.
Based upon the above and subject to the attached condition of approval, the development proposal will
be consistent with the Flexibility Criteria to permit a problematic use within the Commercial (C) District
as per Section 2-704.L.
Compliance with Standards and Criteria (Sections 2-701.1 and 2-704): The development proposal to
establish a problematic use (check cashing) at the subject property will not have an impact on the
standards and criteria as they pertain to impervious service ratio, lot area, lot width, height, setbacks and
off-street parking. Positive findings with regard to these items were made as part of the Flexible
Standard Development (FLS2004-04026) review process for the buildings that are presently under
construction.
Community Development Board - January 17, 2006
Case FLD2005-09097 - Page 3
General Applicability Standards (Section 3-913.A): The following table depicts the development
proposals level of consistency with the General Applicability Standards as set forth in Section 3-913.A:
Consistent Inconsistent
1. The proposed development of the land will be in harmony with the scale, bulk, X
coverage, density and character of adjacent properties in which it is located.
2. The proposed development will not hinder or discourage development and use X
of adjacent land and buildings or significantly impair the value thereof.
3. The proposed development will not adversely affect the health or safety of X
persons residing or working in the neighborhood.
4. The proposed development is designed to minimize traffic congestion. X
5. The proposed development is consistent with the community character of the X
immediate vicinity.
6. The design of the proposed development minimizes adverse effects, including X
visual, acoustic and olfactory and hours of operation impacts on adjacent
As previously stated, the development proposal consists of the installation of awnings along the south,
southeast and east facades of the building. While the color of the proposed awnings and their
inconsistency with Section 2-704.L was discussed previously, it is also noted that the use of awnings is
inappropriate for the architecture of the building. The subject building consists of shed-style, asphalt
shingle awnings projecting approximately five feet from above the storefronts on the south and east
facades of the building, and a portico with facade gable roof on the southeast facade of the building. As
such, providing additional awnings above those that already exist on the south and east facades would be
redundant and negatively affect the architectural appearance -of the building. This is equally true for
providing an awning on the entablature of the portico on the southeast facade of the building, as
providing said awning would have an adverse effect on the visual impact of the building on adjacent
properties. Based upon the above, a positive finding can only be made with regard to the General
Applicability Standards of Section 3-913.A, with the elimination of the proposed awnings, which is
attached as a condition of approval.
Code Enforcement Analysis:
There are no outstanding code enforcement issues associated with this site.
SUMMARY AND RECOMMENDATION:
The Development Review Committee reviewed the application and supporting materials on November 3,
2005. The Planning Department recommends APPROVAL of the Flexible Development request to
permit a Problematic Use within the Commercial (C) District under the provisions of Section 2-704.L for
the site located at 2760 Gulf to Bay Boulevard, based upon the following Findings of Fact and
Conclusions of Law and conditions of approval:
Findings of Fact and Conclusions of Law:
1. That the 2.22-acre subject property is located within the Commercial (C) District and the
Commercial General (CG) Future Land Use Plan category;
2. That there are no pending Code Enforcement issues with subject property;
3. That positive findings were previously made for the subject property with regard to the Standards
and Criteria of Sections 2-701.1 and 2-704 as part of the Minimum Standard Development (building
permit) review process, and the development proposal will not have an impact upon these standards
and criteria;
Community Development Board - January 17, 2006
Case FLD2005-09097 - Page 4
4. That a positive finding cannot be made for the development proposal with regard to the Flexibility
Criteria (Section 2-7041), as the building in which the use is to be located is not finished in colors
which are muted; and
5. That a positive finding cannot be made for the development proposal with regard to the General
Applicability Standards (Section 3-913.A), as the proposal does not minimize the adverse visual
effects on adjacent properties.
Conditions of Approval:
1. That all Fire Department requirements be met, prior to the issuance of any permits;
2. That all Traffic Department requirements be met, prior to the issuance of any permits;
3. That all Transportation Impact Fees are paid prior to the issuance of a Certificate of Occupancy;
4. That all outstanding site issues associated with BCP2004-08760 are resolved prior to the issuance of
a certificate of occupancy;
5. That the colors utilized by Amscot, whether it be for awnings, signage or other architectural
elements, be "muted" in accordance with the Flexibility Criteria of Section 2-704.F and consistent
with the colors used within the development;
6. That any/all signage for Amscot meets with the conditions of the Development Order issued for the
Comprehensive Sign Program approved on September 15, 2005 (SGN2005-09014), and/or as
amended by subsequent applications;
7. That the awnings proposed along the south, southeast and east facades are eliminated;
8. That the first building permit be applied for within one year (by January 17, 2007) of Community
Development Board approval; and
9. That the final Certificate of Occupancy be obtained within two years of issuance of the first building
permit.
Prepared by: Planning Department Staff:
Robert G. Tefft, Planner III
ATTACHMENTS:
Photographs of Site and Vicinity
Location Map
Aerial Map
Future Land Use Map
Zoning Map
Existing Surrounding Uses Map
Application
S:IPlanning DepartmentlCD BIFLEX (FLD)IPending cases)Upfor the next CDBIGulfto Bay Blvd 2760 Amscot (C) 01-17-06(R7)IGu4(to Bay
Blvd 2760 -Staff Report 01-17-06doc
Community Development Board - January 17, 2006
Case FLD2005-09097 - Page 5
Robert G. Tefft
100 South Myrtle Avenue
Clearwater, FL 33756
(727) 562-4539
robert.tefftnmYclearwater.com
PROFESSIONAL EXPERIENCE
• Planner III
City of Clearwater, Clearwater, Florida
• Planner II
City of Clearwater, Clearwater, Florida
• Senior Planner
City of Delray Beach, Delray Beach, Florida
June 2005 to Present
May 2005 to June 2005
October 2003 to May 2005
Performed technical review of and prepared staff reports for land development applications such as,
but not limited to: site plans, conditional uses, rezonings, land use amendments, and text
amendments. Organized date and its display in order to track information and provide status reports.
Make presentations to various City Boards.
• Planner
City of Delray Beach, Delray Beach, Florida
March 2001 to October 2003
Performed technical review of and prepared staff reports for land development applications such as,
but not limited to: site plans, conditional use and text amendments. Organization of data and its
display in order to track information and provide status reports. Provided in-depth training to the
Assistant Planner position with respect to essential job functions and continuous guidance.
• Assistant Planner
City of Delray Beach, Delray Beach, Florida
October 1999 to March 2001
Performed technical review of and prepared staff reports for site plan development applications.
Performed reviews of building permit applications. Provided information on land use applications,
ordinances, land development regulations, codes, and related planning programs/serv ices to other
professionals and the public.
FniTC'ATION
• Bachelor of Arts, Geography (Urban Studies), University of South Florida, 1999
LICENSES & CERTIFICATES
• American Planning Association
Community Development Board - January 17, 2006
Case FLD2005-09097 - Page 6
Tidem ark Adva ntage
File Edit Options Window Help
' v J
Exit Nlw
........... ____ opv.
_ Ti-,k List OBE
_ Gl
r ..........
_={
close Edit Flioje<t or,gp Add _ Crewe parttl Activity Pn'Pk Fb,; Valuation C*,nd4? C-,--,c N*tet Tag- Do-; ?m^^ca Gl?. `
t?dS rirr?l
ar i? EIS (H H.h _,HER
(?a:eJ = 1 _,_JJJ ,,
tau iii X194 C:ULF -DJ BL'',1Ci ?lry?ter# i?+::L 0?11LO??J ?91,?.?
_ ?. _ - -
PPJ# C)CL-0012069 ?'roipct BETH SCHACHER Enun2mic
Ge:soti ption: PERMAi E[,.T A.EUP
License Caleclory
1011000 T??T <Of-, F,A.RLOR
e
PEPI?rIAJ,']E[%IT MAKE
?1
Zonm.a
0
ption _ ptgiec
ELECTR, !C .VALUED;;T y1800SIGN INSPECT,C AMERICAN GENERAL FI
THE' :>, PER SECTION 13 4.011 MAY REMAIN FLEE ARNOLD& ASSOCL4
......... ....
°RAZ•ZEUS LOUNGE
TROPHY CLEANERS
I TRAP TROPHYCLEANERS
-)CIM AND NEW OFFICE, INTERIOR REMODEL. TROPHY CLEANERS
R SENSORS, 81 MOTIO N (SOCCER SUPPLY
iubu PATTAYA THAI RESTAL
r
OCL•0008644 2794 GULF TO BAY BLVD IS5 INSURANCE AGENCY 'GRADDY INSURANCE C
BCP199&020509 2794 GULF TO BAY BLVD ?a Am
,
a RET _ TEAR OFF AND REROOF TAR AND GRAVEL DECK EXISTING REPLACE bbl TH 3 PLY FIBERGLAIWESLEY CONSTRUCT,*
BCP1995-110035 r...
..
..
2794 GULF TO BAY BLVD RET RUN LINES FROM TANK TO MATER HEATER AND DRYER ;HAIR SAY
BCP1995.100086 2794 GULF TO BAY BLVD
m ._ RET INTERIOR REMODEL IFOR AMERICAN LANDMARK HOMES LAND DEVELOPM ENT AND CUSTOMAMERICAN LANDMARK
BCP2003.06277 '2794 GULF TO BAY BLVD CMP CHO OF SUPPLIER-SET 3120 TANKS AND CONNECT TO EXISTING LINE RAZZLES
6CP1995.080776 j2794 GULF TO BAY BLVD 'CHIP 3 PACKAGE UNIT CHANGE OUTS 808 CATS SPORTS BAF "I .
BC P`1995-06689 2794 GULF TO BAY BLVD CMP INTERIOR BUILD OUT FOR BEAUTY SALON ,REC I, DANSK PLAZA Ll
BCP1991.060242 `2794 GULF TO BAY BLVD ;CMP REMODELING SPACE FROM BICYLE SHOP TO DRY CLEANERS
_.. .......... .._....._.......... _.. , . _ ..._,....
.. TROPHY DRY CLEANEF
BCP19%-050523 2794 GULF TO BAY BLVD
_ __ ____.___._...... - .,.._ ,_..,, CMP . _.
ADD OUTLETS FOR COFFEE MACHINE AND COOLERS; SIGN HOOKUP.
-____ _ . _,_. . ...._._..._ ................. 1BAGEL STORE
...._._ _ _
._ .. ,.. .. __.
OC'LS223801 2794 GULF TO BAY BLVD 1 MOV Lic: 00936, Bus phone: (813) 791-3788 .
;NETWORK ENGINEERIt
Ready
;Start ' , ® , j ?Tnbox tyticrosoft UL?klook Tidemark Advantage ;?OGlearwater zoning - micro.., 2.11 PPIi
Black LoAcate Hell) Exit C-Iodes ?w? ??a +??'?ater Lonin
AR
b. tx
r? 1
Layers
UAft Ad we
f -f W 0
Parcel
Information
Streets
Parcels
r r Future Land Use
r- Zoning
r. Pinellas County
17 Aerial Photo •
r FO,,h Map A -,,. .Ry
;S' Legend
S` ?y ?f } 3
, CSC,
, y!
w
W
a
# W
M
..
Z X34' S i
?
l1 12760 GULF-TO-BAY BLVD 76
?_._.._._ _
Click on a number to locate the address on the map
Then press on the toolbar;
2 60 GULF-TO-BAY BLVD i 6 .
!Click on clots around the mark unW you find the parcel of interest.
0
_ - _ .___ __ _.._ _ _...._ ,?
? Scale; 1.2,293 Map: 266441,79, 1318766.38--Image: 447, 41.4. ? Localintra;iet
Mart ? Tf box - C?licrosoftutlorl Tidemark Ad ra?taQe Clearwater Zonis - Mi... 1`
® r " Ri i 9 2:11 PM
0 ?_r 0
LL
DREW
$T
>
w BAY
U
0
CemDriCpe Cir. Y
@
Oere O Fm
Mtl
'V
r p LJ
a G
VMNLA -AVE
I? 1Bf1Y fl. -
JON
Q }a}??cv
?$
]
m DDNNN
R
ST
Q
TENNE
$? ?
I
? ?- CadII18 rsay
a ??
$.P- SD OULF TO MY BLVD
a ? o
y
y ? G Gag1
YG
y
m
RD B
y.[
PROJECT
SEV LLE BLVD SITE
PEARCE DR
w DR
Q t < 6 ?
?QQj ye( 1ROPC IRLS DR
a?
,d
o
Location Map
Owner. The Family Interest, Inc. Case: FLD2005-09097
Site: 2760 Gulf to Bay Boulevard Property
Size Acres : 2.22
Atlas
Page: 291 A
PIN: 17-29-16-00000-240-0120
S.\Planning Department\C D B\FLEX (FLD)\Pending cases\Up for the next CDB\Gulf to Bay Blvd 2760 Amscot
(C) - 01-17-06(RT)\Maps\Gulf to Bay Blvd 2760 - Location Map.doc
Size Acres : 2.22
Atlas
Page: 291A
PIN: 17-29-16-00000-240-0120
S:\Plonnina Department\C D B\FLEX (FLD)\Pendina cases\Uo for the next CDB\Gulf to Bav Blvd 2760 Amscot
(C) - 0 1- 17-06(RT)\Mops\Gulf to Bay Blvd 2760 - Aerial Map.doc
• •
\
\
MO/R `------J
I
?-375
O
I-------- 375
I i ---- ,
I _
II I
II
I CG
281
I
N
R
N
N I
O 7
^ J
O I
1
N _ I i
,
GULF-TO-BAY BLVD
Tl
N
r--
---- L-------------------------------'
------
??"'- e O
m
535
1 4 1 520 }
624 y t-RIt/I -1-?\
.
-
-----------------------
r
Future Land Use Plan Map
Owner. The Family Interest, Inc. Case: FLD2005-09097
Site: 2760 Gulf to Bay Boulevard Property
Size Acres : 2.22
Atlas
Page: 291 A
PIN: 17-29-16-00000-240-0120
SAPlanning Department\C D B\FLEX (FLD)\Pending cases\Up for the next CDB\Gulf to Bay Blvd 2760 Amscot
(C) - 01-17-06(R7)\Mops\Gulf to Bay Blvd 2760 - Future Land Use Map.doc
• •
I ?
1_375t1J
D
I----------?
1-----.-.-.---:11 375
---------------
r---- ?Qy
l 1 1 it ? Z
I
I I
28
I ? 1 I jL---------- '
I L
--L?- ? t Q, r--?
I ?
-- I
I
g
`. I 2 1
I e Q l rJ
^
H
`! N
?
n!. I N N I
GULF-TO-BAY BLVD
----------------
I
I
--------------
Li
I
I i --------------------------------'
1- ------? r"'-l 535
11
O
543
` 520
-1`r -
-
-
1VIDR
524
r
I-A
----------
-------
------- '
I
-
I
t
Zoning Map
Owner. The Family Interest, Inc. Case: FLD2005-09097
Site: 2760 Gulf to Bay Boulevard Property
Size Acres : 2.22
Atlas
Page: 291 A
PIN: 17-29-16-00000-240-0120
S:\Planning Department\C D B\FLEX (FLD)\Pending cases\Up for the next CDB\Gulf to Bay Blvd 2760 Amscot
(C) - 01- l 7-06(R7)\Maps\Gulf to Bay Blvd 2760- Zoning Map.doc
•
U
/
/ \\? vas
'
!I !
J
Offices ._----_,
L ,
j 375
Offices 1
0
a
0
,---------
-1
--- -_? g 375
i----I?
` --- -------
Aetail
Retta
rant
1 R
* tauran? Vacant I
Sales and__-;
28
I
O
N O
N O
N N
N Q I Q
° I m
- M I N I /J
I ° I
GULF-TO-BAY BLVD
N -?
N --
Iiestauxun Retail
---------z~ ---------------------I
I
Sales and
,
-------------
?
----1-------- Gover'imeii jal O
535
Retail Salese
1 520
and Services >-
543
r?.w
524 h
Attached
Dwellings _,-
? I
'
__.---___________________ ! y
Existing Surrounding Uses Map
Owner. The Family Interest, Inc. Case: FLD2005-09097
Site: 2760 Gulf to Bay Boulevard Property
Size Acres : 2.22
Atlas
Page: 291 A
PIN: 17-29-16-00000-240-0120
SAPianning Department\C D B\FLEX (FLD)\Pending cases\Up for the next CDB\Gulf to Bay Blvd 2760 Amscot
(C) - 0 1- 1 7-06(RT)\Maps\Gu1f to Bay Blvd 2760 - Existing Surrounding Map.doc
0
E
The proposed location of
Amscot at 2760 Gulf to
Bay Boulevard as viewed
from Gulf to Bay.
The front (east) facade of
the existing Amscot located
at 922 South Missouri
Avenue.
rr
low,
2760 Gulf to Bay Boulevard
FLD2005-09097
AMSCOT CORPORATION
CLEARWATER, FL
NOTE 3'
30'PROJECTION
ILLUMINATED AWNING
WNATED
NOTE:
30' PROJECTION
I,
I RIGHT ELEVATION
SCALE: 1/8" = V-0"
THIS AWNING IS NON-ILLUMINATED
33'-0'
NOTE:
30"PROJEcnON--I--- - - _ / T
f
1
I LEFT ELEVATION AWNING I OGO SQ FT 16
ll SCALE: 1 /8" = V-0"
AWNING 1 OGO SQYT.= 23
20 , NOTE:
30' PROJECTION
ILLUMINATED AWNING
FUTURE TENANT 3'-11"
J/ ? l
I
o =
0
2
aa?
V axLL
o *
? W
= v
_ • n
ao?
a_:
Han
= m
M
m ?
N
e°
AWNING LOGO SQ.Fr. 16
53'-0"
i
-Iona
Tr
•
r
r
IN ¦ EN
4? r
v C
a
?t W?.t :,
_. 0
•
CITY OF CLEARWATER
NOTICE OF COMMUNITY DEVELOPMENT BOARD PUBLIC HEARINGS
The Community Development Board of the City of Clearwater, Florida, will hold public
hearings on Tuesday, January 17, 2006, beginning at 1:00 PM, in the City Council Chambers, in
City Hall, 3rd floor, 112 South Osceola Ave, Clearwater, Florida, to consider the following
requests:
NOTE: All persons wishing to address an item need to be present at the BEGINNING of the
meeting. Those cases that are not contested by the applicant, staff, neighboring property
owners, etc. will be placed on a consent agenda and approved by a single vote at the
beginning of the meeting.
1. (Cont'd from 12-20-05) Miriam Cebula and Harley & Sharon Evans are requesting
Flexible Development approval to permit 27 attached dwelling units in the High Density
Residential (HDR) District / Island Estates Neighborhood Conservation Overlay District
(IENCOD) with an increase to ht from 30 ft to 79 ft (to roof deck) with an additional 90 inches
for perimeter parapets (from roof deck); a reduction to the front (west) setback from 25 ft to 21 ft
(to building) and 12 ft (to pavement), a reduction to the rear (east) setback from 15 ft to zero ft (to
pavement), a reduction to the side (north) setback from 10 ft to 6 ft (to building) and 3 ft (to
pavement), and a reduction to the side (south) setback from 10 ft to 8 ft (to building/pavement) as
part of a Residential Infill Project under the provisions of Sec 2-504.F; and a reduction to the
widths of the perimeter landscape areas along the sides (north/south) of the property as a
Comprehensive Landscape Program under the provisions of Sec 3-1202.G. (Proposed Use:
Attached Dwellings) at 125 & 143 Island Way, Island Estates of Clearwater, Lots 4 & 5.
Assigned Planner: Robert G. Tefft, Planner III. FLD2005-07062
2. Church of Scientology Flag Svc Org Inc, and Church of Scientology Religious Trust, are
requesting Flexible Development approval for a 54,761 sq ft office with accessory basement
dining with an increase to building ht from 30 ft to 77 ft (to roof deck); and a reduction to the
parking requirement from 240 to 87 parking spaces (inclusive of the existing 76 room hotel and
the proposed 54,761 sq ft office) as part of a Comprehensive Infill Redevelopment Project, under
the provisions of Sec 2-903.C. (Proposed Use: Offices) at 400 & 410 Jones St, 410 N Ft.
Harrison Ave, and 221 & 301 N. Osceola Ave, Kingston, T.H. Property, Lots 1- 3 & W '/z VAC
Alley Adj on E; Cate's, A.B. & Jennie Sub, Lots 1-7 incl & Vac Alley betw & Bergen's Repl Blk
A & Blk B & Vac Alley; Hayden's Estate Revised, Lots 1 & 4 & '/2 Vac Alley adj on W; Jones'
Sub of Nicholson's, Blk 2, part of Lots 1 & 2, & less RD R/W on NW. Assigned Planner:
Robert G. Tefft, Planner III. FLD2005-08085
3. The Family Interest Inc. are requesting Flexible Development approval to permit a
Problematic Use within the Commercial (C) District under the provisions of Sec 2-704.L.
(Proposed Use: Problematic Use) at 2760 Gulf to Bay Blvd, Sec 17-29-16, M&B 24.01.
Assigned Planner: Robert G. Tefft, Planner III. FLD2005-09097
4. Miriam Cebula, and Harley & Sharon Evans are requesting Flexible Development approval
for a 2,193 sq ft, 10 wet slip commercial dock as an amenity to a 27-unit condominium
development, under the provisions of Sec 3-601. (Proposed Use: Attached dwellings) at 125 &
143 Island Way, Island Estates of Clearwater, Lots 4 & 5. Assigned Planner: Robert G. Tefft,
Planner III. FLD2005-11106
Interested parties may appear and be heard at the hearing or file written notice of approval or
objection with the Planning Director or City Clerk prior to the hearing. Any person who decides
to appeal any decision made by the Board or Council, with respect to any matter considered at
such hearings, will need to request a record of the proceedings and, for such purpose, may need to
ensure that a verbatim record of the proceedings is made, which record includes the testimony
and evidence upon which the appeal is to be based per Florida Statute 286.0105. Community
Development Code Sec 4-206 states that party status shall be granted by the Board in quasi-judicial
cases if the person requesting such status demonstrates that s/he is substantially affected. Parry
status entitles parties to personally testify, present evidence, argument and witnesses, cross-examine
witnesses, appeal the decision and speak on reconsideration requests, and needs to be requested and
obtained during the case discussion before the CDB.
An oath will be administered swearing in all persons giving testimony in quasi-judicial public
hearing cases. If you wish to speak at the meeting, please wait to be recognized, then state and
spell your name and provide your address. Persons without party status speaking before the CDB
shall be limited to three minutes unless an individual is representing a group in which case the
Chairperson may authorize a reasonable amount of time up to 10 minutes.
Five days prior to the meeting, staff reports and recommendations on the above requests will be
available for review by interested parties between the hours of 8:30 a.m. and 4:30 p.m.,
weekdays, at the City of Clearwater, Planning Department, 100 S. Myrtle Ave., Clearwater, FL
33756. Please contact the case presenter, at 562-4567 to discuss any questions or concerns about
the project and/or to better understand the proposal and review the site plan.
Michael Delk
Planning Director
Cynthia E. Goudeau, CMC
City Clerk
City of Clearwater
P.O. Box 4748, Clearwater, FL 33758-4748
NOTE: Applicant or representative must be present at the hearing.
A COPY OF THIS AD IN LARGE PRINT IS AVAILABLE IN OFFICIAL RECORDS
AND LEGISLATIVE SERVICES. ANY PERSON WITH A DISABILITY REQUIRING
REASONABLE ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS
MEETING SHOULD CALL (727) 562-4093 WITH THEIR REQUEST.
Ad: 01/02/06
FLD2005-09097 = 22?
CALIFORNIA STATE TEACHERS RETI CLANT INC
3645 RUFFIN RD # 310 400 W 15TH ST # 1700
SAN DIEGO CA 92123 - 1887 AUSTIN TX 78701 - 1678
CLEARWATER MALL
PO BOX 4900
SCOTTSDALE AZ 85261 - 4900
Clearwater Neighborhoods Coalition
Doug Williams, President
2544 Frisco Drive
Clearwater, FL 33761
GLENBOROUGH FUND VIII
400 S EL CAMINO REAL
SAN MATEO CA 94402 - 1704
LIMITED PROPERTIES INC
P O BOX 4946
CLEARWATER FL 33758 - 4946
PARK PLACE BLDG LTD
3225 AVIATION AVE STE 700
COCONUT GROVE FL 33133 - 4741
TARGET CORP
1000 NICOLLET MALL TPN-12J
MINNEAPOLIS MN 55403 - 2542
WYATT REAL ESTATE SERVICES
INC
1211 WESTSHORE BLVD STE 314
TAMPA FL 33607 - 4615
HAMPTON CENTER INC
3001 EXECUTIVE DR # 250
CLEARWATER FL 33762 - 5324
MACDILL FEDERAL CREDIT UNION
9927 DELANEY LAKE DR
TAMPA FL 33619 - 5071
R. Donald Mastry
Holland & Knight, LLP
200 Central Avenue, Suite 1600
St. Petersburg, FL 33701
U S RESTAURANT PROP
12240 INWOOD RD STE 300
DALLAS TX 75244 - 8047
•CLANT INC
PO BOX 916464
LONGWOOD FL 32791 - 6464
FAMILY INTEREST, THE INC
1211 WESTSHORE BLVD STE 315
TAMPA FL 33607 - 4615
HAMPTON ROAD DEV LLP
107 HAMPTON RD STE 200
CLEARWATER FL 33759 - 4960
MORTON PLANT LIFE SVC
ATTN: JUDY CUNNINGHAM
2855 GULF TO BAY BLVD
CLEARWATER FL 33759 - 4087
ST PETERSBURG, CITY OF
PO BOX 2842
ST PETERSBURG FL 33731 - 2842
WOLLOWICK, HERBERT E
WOLLOWICK, JANE B
104 DRIFTWOOD LN
LARGO FL 33770 - 2601
t
CITY OF CLEARWATER
PLANNING DEPARTMENT
POST OFFICE. BOX 4748, CLEARWATER, FLORIDA 33758-4748
MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756
TELEPHONE (727) 562-4567 FAX (727) 562-4865
LONG RANGE PLANNING
DEVELOPMENT REVIEW
January 19, 2006
Mr. R. Donald Mastry
Holland & Knight, LLP
200 Central Avenue, Suite 1600
St. Petersburg, FL 33701
Re: FLD2005-09097 - 2760 Gulf to Bay Boulevard
Dear Mr. Mastry:
This letter constitutes a Development Order pursuant to Section 4-206.D.6. of the Community Development
Code. On January 17, 2006, the Community Development Board (CDB) reviewed your Flexible Development
request to permit a Problematic Use within the Commercial (C) District under the provisions of Section 2-704.L.
The CDB APPROVED the application based upon the following Findings of Fact and Conclusions of Law and
subject to the attached conditions of approval:
Findings of Fact and Conclusions of Law:
1. That the 2.22-acre subject property is located within the Commercial (C) District and the Commercial
General (CG) Future Land Use Plan category;
2. That there are no pending Code Enforcement issues with subject property;
3. That positive findings were previously made for the subject property with regard to the Standards and
Criteria of Sections 2-701.1 and 2-704, as part of the Minimum Standard Development (building permit)
review process, and the development proposal will not have an impact upon these standards and criteria;
4. That a positive finding cannot be made for the development proposal with regard to the Flexibility Criteria
(Section 2-704.17), as the building in which the use is to be located is not finished in colors which are muted;
and
5. That a positive finding cannot be made for the development proposal with regard to the General
Applicability Standards (Section 3-913.A), as the proposal does not minimize the adverse visual effects on
adjacent properties.
Conditions of Approval:
1. That all Fire Department requirements be met, prior to the issuance of any permits;
2. That all Traffic Department requirements be met, prior to the issuance of any permits;
3. That all Transportation Impact Fees are paid prior to the issuance of a Certificate of Occupancy;
4. That all outstanding site issues associated with BCP2004-08760 are resolved prior to the issuance of a
certificate of occupancy;
FRANK HIBBARD, MAYOR
BIH.I. JONSON, VICE-MAYOR JOHN DORAN, COUNCDNIFMBFR
HOYT HAMILTON, COUNCILMEMBER CAM.FN A. PFTERSEN, COUNCH NIEMBER
"EQUAL EMPLOYMENT AND AFFIRMATIVI; ACTION EMPLOYER"
-1 1
5. That the colors utilized by Amscot, whether it be for awnings, signage or other architectural elements, be
"muted" in accordance with the Flexibility Criteria of Section 2-704.F and consistent with the colors used
within the development;
6. That any/all signage for Amscot meets with the conditions of the Development Order issued for the
Comprehensive Sign Program approved on September 15, 2005 (SGN2005-09014), and/or as amended by
subsequent applications;
7. That the awnings proposed along the south, southeast and east fagades are eliminated;
8. That the first building permit be applied for within one year (by January 17, 2007) of Community
Development Board approval; and
9. That the final Certificate of Occupancy be obtained within two years of issuance of the first building permit.
Pursuant to Section 4-407, an application for a building permit shall be made within one year of Flexible
Development approval (by January 17, 2007). All required Certificates of Occupancy shall be obtained within
two years of the date of issuance of the initial building permit. Please be advised that time frames do not change
with successive owners. The Community Development Coordinator may grant an extension of time for a period
not to exceed one year and only within the original period of validity. The CDB, may approve one additional
extension of time after the Community Development Coordinator's extension to initiate a building permit
application.
The issuance of this Development Order does not relieve you of the necessity to obtain any building permits or
pay any impact fees that may be required. In order to facilitate the issuance of any permit or license affected by
this approval, please bring a copy of this letter with you when applying for any permits or licenses that require
this prior development approval.
Additionally, an appeal of a Level Two approval (Flexible Development) may be initiated pursuant to Section 4-
502.B. by the applicant or by any person granted party status within 14 days of the date of the CDB decision.
The filing of an application/notice of appeal shall stay the effect of the decision pending the final determination
of the case. The appeal period for your case expires on January 31, 2006 (14 days from the date of the CDB
decision).
Should you have any questions, please do not hesitate to contact Robert G. Tefft, Planner III at (727) 562-4539
or via e-mail at robert.tefft@myclearwater.com.
Sincerely,
Michael elk, AI
Planning Director
S: (Planning DepartmentIC D BIFLEX (FLD)Ilnactive or Finished ApplicationsIGulf to Bay 2760 Amscot (C) - Approved)Gulf to Bay Blvd 2760 -
Development Order.doc
CITY OF CLEARWATER
PLANNING DEPARTMENT
4??yTER;?°' Posr OFFICE Box 4748
CiLEARWATER, FLORIDA 3 3 7 58-4748
Mr. R. Donald Mastry
Holland & Knight, LLP
200 Central Avenue, Suite 1600
St. Petersburg, FL 33701