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FLD2009-02006; 3100 GULF TO BAY BLVD; CYCLE MASTERSFLD2009-02006 3100 GULF TO BAY BLVD Date Received: 2/6/2009 CYCLE MASTERS ZONING DISTRICT: C LAND USE: CG ATLAS PAGE: 292A CDB Meeting Date: July 20, 2010 Case Numbers: FLD2009-02006 Agenda Item: D. 4. Owner/Applicant: Donald AZE Culbertson, Successor Trustee for Pinellas 3100 Trust Representative: Pete Alfonso Jr., Pete Alfonso Jr. Architect Addresses: 3100 Gulf to Bay Boulevard CITY OF CLEARWATER PLANNING AND DEVELOPMENT DEPARTMENT STAFF REPORT GENERAL INFORMATION: REQUEST: Flexible Development application to permit Major Vehicle Service and Limited Vehicle Sales and Display in the Commercial (C) District with a lot area of 18,556 square feet; a lot width of 118 feet (along Gulf to Bay Boulevard) and 150 feet (along McMullen Booth Road); a building height of 15.5 feet (to flat roof); a front (south) setback of 8 feet (to canopy) and 10 feet (to pavement), a front (west) setback of zero feet (to pavement) and 42 feet (to building), a side (north) setback of 10 feet (to pavement) and 37.75 feet (to building), a side (east) setback of 2.9 feet (to pavement) and 21.4 feet (to building); and 12 parking spaces as a Comprehensive Infill Redevelopment Project under the provisions of Community Development Code Section 2-704.C, as well as a reduction to the interior landscape requirements from 10 percent to 0.94 percent; a reduction to the foundation landscaping from 5 feet to zero feet on the south facade and zero feet on the west facade; a reduction of the west landscape buffer from 15 feet to zero feet, the south landscape buffer from 15 feet to 12.2 feet, and the east landscape buffer from 5 feet to 2.9 feet as Comprehensive Landscape Program under the provisions of Community Development Code Section 3-1202.G. CURRENT ZONING: Commercial (C) District CURRENT LAND USE PLAN CATEGORY: Commercial General (CG) PROPERTY USE: Current Use: None Proposed Use: Major Vehicle Service and Limited Vehicle Sales/Display EXISTING North: Medium Density Residential (MDR) District SURROUNDING Attached Dwellings ZONING AND USES: South: Commercial (C) District Governmental East: Commercial (C) District Office West: Commercial (C) District Overnight Accommodations Community Development Board -July 20, 2010 FLD2009-02006 -Page 1 of 10 ANALYSIS: Site Location and Existing Conditions: The 0.43 acre site is located at the northeast corner of Gulf to Bay Boulevard and McMullen Booth Road. The subject property has approximately 118 feet of frontage along Gulf to Bay Boulevard and approximately 150 feet of frontage along McMullen Booth Road. The site, which is mostly paved with either asphalt or concrete, has an existing 3,137 square foot structure located on it. The last permitted use at the site was an automobile service station which closed on December 19, 2005. The site has been illegally operated for major vehicle service and limited vehicle sales/display since August 2008. Properties to the north are zoned Medium Density Residential (MDR) District and are developed with attached dwellings (Tradewinds Condominiums). Property to the east is zoned Commercial (C) District and is developed with an office. Both properties to the west and south are zoned Commercial (C) District and are developed with overnight accommodations (Fairfield Inn) and a storm-water retention facility respectively. Development Proposal: On February 2, 2009, a Comprehensive Infill Redevelopment Project application was submitted proposing major vehicle service and limited vehicle sales/display, which is currently operating illegally, at the subject parcel. The current tenant, whom was the past owner, is displaying and selling motorcycles, personal watercraft, lawn equipment and all terrain vehicles throughout the parcel. In addition, engine repair, painting and pinstriping, towing, rebuilding of motorcycles and bike salvage are being conducted illegally without a business tax receipt (occupational license). The existing structure has a building height of 15.5 feet and has been painted canary yellow since the illegal occupancy. The existing site is completely paved with the exception of the easternmost five feet and the northernmost five feet. Therefore, there is an existing setback of zero feet to pavement on both Gulf to Bay Boulevard and McMullen Booth Road. The existing gas canopy is proposed to remain and is setback eight feet from the front (south) property line and a new 10 foot wide landscape buffer is proposed. Regarding the front (west) property line the existing pavement is set back zero feet from the property line and is proposed to remain at zero feet. There is a proposed setback of 10 feet to pavement on the north property line and a proposed setback of 2.9 feet to pavement on the east property line. Regarding the building, no design elements as required pursuant to Community Development Code (CDC) Section 2-704.C are proposed. Floor Area Ratio (FAR): Pursuant to the Countywide Plan Rules and CDC Section 2-701.1, the maximum FAR for a property with a land use plan designation of Commercial General is 0.55. The existing building is 3,137 square feet resulting in a FAR of 0. 17, which is consistent with the above provisions. Impervious Surface Ratio (ISR Pursuant to CDC Section 2-701.1, the maximum allowable ISR is 0.90. The overall proposed ISR is 0.83, which is consistent with this Code provision. Minimum Lot Area and Width: Pursuant to CDC Section 2-704, the major vehicle service and limited vehicle sales and display uses are not specifically authorized in the Commercial (C) Community Development Board - July 20, 2010 FLD2009-02006 - Page 2 of 10 District and as such there is no specific minimum lot area and width denoted in Table 2-704. However, most uses in the Commercial (C) District have a minimum lot area requirement between 3,500 square feet and 40,000 square feet. Likewise most uses in the Commercial (C) District have lot width requirements between 30 feet and 200 feet. The subject property is consistent with these Code provisions. Minimum Setbacks: Pursuant to CDC Section 2-704, the major vehicle service and limited vehicle sales and display uses are not specifically authorized and as such there are no specific minimum setbacks denoted in Table 2-704. However, most uses in the Commercial (C) District have front setbacks from 15 feet to 25 feet and side setbacks from zero feet to 10 feet (corner lots have only front and side setback requirements). Both front setbacks are inconsistent with these Code provisions. The front (south) setback along Gulf to Bay Boulevard is proposed to be eight feet to existing canopy and 10 feet to pavement while the front (west) setback along McMullen Booth Road is proposed to be zero feet to pavement and 42 feet to building. The side (east) setback is proposed to be 2.9 feet to pavement and 21.4 feet to building and the side (north) setback is proposed to be 10 feet to pavement and 37.75 feet to building. Staff is not supportive of the proposed front setbacks or the side (east) setback as they do not provide for appropriate buffers and enhanced landscape design. Maximum Building Height: Pursuant to CDC Section 2-704, the major vehicle service and limited vehicle sales and display uses are not specifically authorized and as such there is no specific building height denoted in Table 2-704. However, most uses in the Commercial (C) District have maximum building heights between 25 feet and 50 feet. The proposal is consistent with the height allowances in the Commercial (C) District. Minimum Off-Street Parking: Pursuant to CDC Section 2-704, the major vehicle service and limited vehicle sales and display uses are not specifically authorized and as such there is no specific off-street parking requirement denoted in Table 2-704. However, for a point of comparison, within the Industrial Research and Technology (IRT) District, the only district that permits major vehicle service use, the minimum off-street parking requirement is four parking spaces per 1,000 square feet of gross floor area. Likewise, for a point of comparison the Tourist (T) District which permits Limited Vehicle Sales and Display, the minimum required off street parking is a range of 4 - 5 parking spaces per 1,000 square feet of gross floor area. Based upon the above, the 3,137 square foot building (1,566 square feet of vehicle service and 1,571 square feet of limited vehicle sales and display) requires 14 parking spaces and the proposal has provided for 12 spaces. The proposal is inconsistent with the parking standards set forth for this use in other zoning districts. Sight Visibility Triangles: Pursuant to CDC Section 3-904.A, to minimize hazards at the driveways, no structures or landscaping may be installed which will obstruct views at a level between 30 inches above grade and eight feet above grade within 20-foot sight visibility triangles. The proposal was reviewed by the City's Traffic Engineering Department and found to be acceptable with regard to this requirement. Signage: Pursuant to CDC Section 6-104, if a principal use/structure is vacant for a period of 180 days, signs on the parcel proposed for development shall be brought into compliance by Community Development Board - July 20, 2010 FLD2009-02006 - Page 3 of 10 obtaining a level one approval in accordance with the provisions of Article 4, Division 3. The existing non-conforming signs have been re-faced without a level one approval. Solid Waste: The proposal will utilize a refuse dumpster located at the northeast corner of the subject property. The refuse dumpster will be enclosed with a non opaque wooden fence material. The proposal has been found to be acceptable by the City's Solid Waste Department. Landscaping_ Pursuant to CDC Section 3-1202.D.1, this site is required a 15-foot wide landscape buffer along both Gulf to Bay Boulevard and McMullen Booth Road. A 10-foot wide landscape buffer is required along the north side of the property as it abuts residentially zoned property and a five foot wide landscape buffer is required along the east property line. The proposal includes a 10 foot wide landscape buffer along Gulf to Bay Boulevard, no landscape buffer along McMullen Booth Road, a 10 foot wide buffer along the north property line and a 2.9 foot wide buffer along the east property line. Regarding plant quantities the proposal includes only 43 shrubs and six shade tree equivalents for the buffer requirements. To just meet minimum landscape code buffer requirements the site is required 16 shade tree equivalents and 183 shrubs. Therefore, the proposal is deficient 10 shade tree equivalents and 140 shrubs for the buffer requirement. Pursuant to CDC Section 3-1202.E.2, foundation plantings shall be provided for 100 percent of a building fagade with frontage along a street right-of-way. The foundation plantings must be within an area that is a minimum of five feet wide and consist of at least two accent trees or three palm trees for every 40 linear feet of building fagade and one shrub for every 20 square feet of required landscape area. A minimum of 50 percent of the area shall contain shrubs with the remainder to be ground cover. Neither the Gulf to Bay Boulevard nor McMullen Booth Road building fagades has proposed foundation plantings to meet this requirement. To meet the above minimum requirement a total of 22 shrubs would be required, four accent trees and 150 groundcover plants, all of which this proposal is deficient in providing. Pursuant to CDC Section 3-1202.E.1, ten percent of the gross vehicular use area must be provided as landscape islands a minimum of 150 square feet in size. Only one interior landscape island (with one shade tree and no shrubs) has been proposed which equates to only 0.94 percent of the vehicular use area. To meet the above minimum requirement nine shade trees and 133 shrubs are required. Therefore, the proposal is deficient eight shade trees and 133 shrubs for the interior landscape requirement. In summary the proposal is deficient a total of 18 shade tree equivalents, 295 shrubs and 150 groundcover plants. While the applicant has requested deviations to the above requirements through the Comprehensive Landscape Program, they have failed to provide a demonstrably more attractive landscape treatment and the insignificant quantity and quality of the proposed landscape will not enhance the community character of the City or have a beneficial impact on the value of the property in the immediate vicinity. 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: Community Development Board - July 20, 2010 FLD2009-02006 - Page 4 of 10 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 N/A N/A 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 oronosed for development is located. Code Enforcement Analysis: On July 30, 2008 the current tenant inquired about opening a business at the subject property. At that time he was told that major vehicle service and limited vehicle sales and display was not a permitted use at that location. The current tenant proceeded to open the business without the proper license. Subsequent to the opening, there have been over 30 code cases at the subject property. Code violations included abandoned vehicles, overgrown property, illegal signage and operating a business without a business tax receipt. Case CDC2009- 00188 is an active Code Enforcement case that was heard before the Municipal Code Enforcement Board on May 28, 2009. The site was found in violation and has been accruing a $250 a day fine since June 11, 2009. Community Development Board - July 20, 2010 FLD2009-02006 - Page 5 of 10 COMPLIANCE WITH STANDARDS AND CRITERIA: The following table depicts the consistency of the development proposal with the standards as per CDC Tables 2-701.1: Standard Proposed Consistent Inconsistent Floor Area Ratio 0.55 0.17 X (FAR) Maximum ISR 0.90 0.83 X Minimum Lot Area 3,500 - 40,000 sq. ft. 18,556 sq. ft. X Minimum 30 - 200 feet Gulf to Bay Boulevard: 118 feet X Lot Width McMullen Booth Road: 150 feet Minimum Setbacks Front: 15 - 25 feet South: 8 feet (to canopy) X' 10 feet (to pavement) West: 42 feet (to building) X1 0 feet (to pavement) Side: 0 - 10 feet North: 37.75 feet (to building) X 10 feet (to pavement) East: 21.4 feet (to building) X 2.9 feet (to pavement) Maximum Height 25 - 50 feet 15.5 feet (to flat roof) X Minimum Limited Vehicle Sales/Display: 12 spaces X1 Off-Street Parking 4 -5spaces/1,000 sq ft gfa Major Vehicle Service: 4 spaces/1,000 sq ft gfa (14 total parking spaces required) I See analysis in StaffReport Flexibility Criteria: Pursuant to CDC Section 2-704.C. proposals must meet all six criteria of the Comprehensive Infill Redevelopment Project. The following criteria have not been met: 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 redevelopment is inconsistent with the Comprehensive Plan Policy A.3.2.1 which states that all new development or redevelopment of property within the City of Clearwater shall meet all landscape requirements of the Community Development Code. Additionally both the Comprehensive Plan and the Community Development Code have designated McMullen Booth Road as a scenic corridor which should have enhanced and differentiated landscape requirements. Further, the Comprehensive Plan Citywide Design Structure map# A-14 identifies the Courtney Campbell Causeway, adjacent to the subject site, lying within a Florida Scenic Highway and a Gateway to Clearwater. As discussed previously the proposal fails to meet the minimum landscape requirements, as well as those criteria for a Comprehensive Landscape Program. The redevelopment is inconsistent with the Comprehensive Plan Policy B.1.7.1 which states that the City shall support the mission and goals, objectives and strategies of the Courtney Campbell Causeway Florida Scenic Highway designation as approved by the City Council on July 15, 2004 for the causeway located between McMullen Booth Road and Veteran's Highway. By not providing enhanced landscape design the proposal fails to support the mission and goals, objective and strategies of the above. 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 Community Development Board - July 20, 2010 FLD2009-02006 - Page 6 of 10 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. While the proposed use is permitted in the underlying future land use category, the proposed use would not be compatible with adjacent residential land uses to the north and would alter the use characteristics of the neighborhood with the outdoor displays. Further, the proposal does not meet any of these six objectives above as follows: a. Neither major vehicle service nor limited vehicle sales and display is permitted in the Commercial District as a minimum standard, flexible standard or flexible development use;. b. The proposed use is not a significant economic contributor to the City's economic base; c. The development proposal does not accommodate the expansion or redevelopment of an existing economic contributor; d. The use has no provision for affordable housing; e. The proposed major vehicle service use is not in an area with other similar development. Major vehicle service is only permitted in the Industrial Research and Technology (IRT) District; and f. The proposed use does not provide for a new and/or preservation of a working waterfront use. 6. Flexibility with regard to use, lot width, required setbacks, height and off-street parking are justified based on demonstrated compliance with all five of the design objectives. The proposal fails to form a cohesive, visually interesting and attractive appearance by incorporating changes in horizontal building planes (structure is basically square); the building has no architectural details such as columns, cornices, stringcourses, pilasters, porticos, balconies, railings or awnings; there is no variety in materials, colors or textures; there are no distinctive fenestration patterns; there are no stepbacks and no distinctive roof forms. In fact, the proposal includes no architectural enhancements whatsoever. The second design objective the proposal fails to meet is that the development does not provide for appropriate buffers and enhanced landscape design. It is also noted that the flexibility criteria in the zoning district where limited vehicle sales and display is permissible, prohibits any outdoor displays and vehicle service. Additionally, flexibility criteria in the one zoning district where major vehicle service is permissible prohibits such use contiguous to a parcel of land which is designated as residential in the Zoning Atlas. Should this application be approved, limited vehicle sales would be done in conjunction with Community Development Board - July 20, 2010 FLD2009-02006 -Page 7 of 10 vehicle service, and such service would be done on a parcel contiguous to residentially zoned land, all of which is contrary to the aforementioned criteria. COMPLIANCE WITH FLEXIBILITY CRITERIA: The following table depicts the consistency of the development proposal with the Flexibility criteria as per CDC Section 2-704.C. (Comprehensive Infill Redevelopment Project): Consistent Inconsistent 1. The development or redevelopment is otherwise impractical without deviations from x the use and/or development standards set forth in this zoning district. 2. The development or redevelopment will be consistent with the goals and policies of X the Comprehensive Plan, as well as with the general purpose, intent and basic planning objectives of this Code, and with the intent and purpose of this zoning district. 3. The development or redevelopment will not impede the normal and orderly X development and improvement of surrounding properties. 4. Adjoining properties will not suffer substantial detriment as a result of the proposed x development. 5. The proposed use shall otherwise be permitted by the underlying future land use X category, be compatible with adjacent land uses, will not substantially alter the essential use characteristics of the neighborhood; and shall demonstrate compliance with one or more of the following objectives: a. The proposed use is permitted in this zoning district as a minimum standard, flexible standard or flexible development use; b. The proposed use would be a significant economic contributor to the City's economic base by diversifying the local economy or by creating jobs; c. The development proposal accommodates the expansion or redevelopment of an existing economic contributor; d. The proposed use provides for the provision of affordable housing; e. The proposed use provides for development or redevelopment in an area that is characterized by other similar development and where a land use plan amendment and rezoning would result in a spot land use or zoning designation; or f The proposed use provides for the development of a new and/or preservation of a working waterfront use. 6. Flexibility with regard to use, lot width, required setbacks, height and off-street X parking are justified based on demonstrated compliance with all of the following design objectives: a. The proposed development will not impede the normal and orderly development and improvement of the surrounding properties for uses permitted in this zoning district; b. The proposed development complies with applicable design guidelines adopted by the City; c. The design, scale and intensity of the proposed development supports the established or emerging character of an area; d. In order to form a cohesive, visually interesting and attractive appearance, the proposed development incorporates a substantial number of the following design elements: ? Changes in horizontal building planes; ? Use of architectural details such as columns, cornices, stringcourses, pilasters, porticos, balconies, railings, awnings, etc.; ? Variety in materials, colors and textures; ? Distinctive fenestration patterns; ? Building stepbacks; and ? Distinctive roofs forms. e. The proposed development provides for appropriate buffers, enhanced landscape design and atpprot)riate distances between buildings. Community Development Board - July 20, 2010 FLD2009-02006 -Page 8 of 10 COMPLIANCE WITH GENERAL STANDARDS FOR LEVEL TWO APPROVALS: The following table depicts the consistency of the major vehicle service and limited vehicle sales and display use with the General Standards for Level Two Approvals as per CDC Section 3-914.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 of X adjacent land and buildings or significantly impair the value thereof. 3. The proposed development will not adversely affect the health or safety of persons X residing or working in the neighborhood. 4. The proposed development is designed to minimize traffic congestion. X 5. The proposed development is consistent with the community character of the X immediate vicinity. 6. The design of the proposed development minimizes adverse effects, including X visual. acoustic and olfactorv and hours of operation impacts on adjacent properties. SUMMARY AND RECOMMENDATION: The Development Review Committee (DRC) reviewed the application and supporting materials at its meeting of November 5, 2009, and deemed the development proposal to be legally sufficient to move forward to the Community Development Board (CDB), based upon the following: Findings of Fact: 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. The 0.43 acre site is located at the northeast corner of Gulf to Bay Boulevard and McMullen Booth Road; 2. The subject property is adjacent to residentially zoned property; 3. Major Vehicle Service and Limited Vehicle Sales and Display are not permitted in the Commercial (C) District; 4. That the proposal does not include any architectural improvements; 5. That the subject property has frontage along a designated Scenic Corridor and a Florida Scenic Highway; 6. That the subject property is located within the Commercial (C) District and the Commercial General (CG) Land Use Plan category; 7. The applicant, proposes major vehicle service and limited vehicle sales and display uses to the subject property; 8. The existing structure is 15.5 feet in height to the flat roof, 9. The subject property has a lot width of 118 feet (along Gulf to Bay Boulevard) and 150 feet (along McMullen Booth Road); 10. The proposal includes a front (south) setback of 8 feet (to canopy) and 10 feet (to pavement), as well as a front (west) setback of zero feet (to pavement) and 42 feet (to building); Community Development Board - July 20, 2010 FLD2009-02006 - Page 9 of 10 11. The proposal includes a side (north) setback of 10 feet (to pavement) and 37.75 feet (to building), as well as a side (east) setback of 2.9 feet (to pavement) and 21.4 feet (to building); 12. The proposal includes 12 parking spaces where 14 parking spaces are required; 13. The proposal includes a reduction to the interior landscape requirement from 10 percent of the vehicular use area to 0.94 percent of the vehicular use area; 14. The proposal includes a reduction to the foundation landscaping from five feet to zero feet on the south facade and zero feet on the west facade; 15. The proposal includes a reduction to the west landscape buffer from 15 feet to zero feet, a reduction to the south landscape buffer from 15 feet to 12.2 feet, and a reduction to the east landscape buffer from five feet to 2.9 feet; and 16. There is an 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 front (south) setback of eight feet (to canopy), 10 feet (to pavement) and the front (west) setback of zero feet to pavement is not consistent with Comprehensive Infill Redevelopment Project criteria in CDC Section 2-704.C; 2. That the development proposal is consistent with the Floor Area Ratio and Impervious Surface Ratio Standards as per Table 2-701.1 of the Community Development Code; 3. That the development proposal is not consistent with the Flexibility criteria as per Section 2- 704.C of the Community Development Code; 4. That the development proposal is not consistent with the General Standards for Level Two Approvals as per Section 3-914.A of the Community Development Code; , 5. That the development proposal is not consistent with the Clearwater Comprehensive Plan; and 6. The development proposal is not consistent with the Flexibility criteria as per Section 3- 1202.G of Community Development Code. Based upon the above, the Planning and Development Department recommends DENIAL of the Flexible Development application to permit Major Vehicle Service and Limited Vehicle Sales and Display in the Commercial (C) District with a lot area of 18,556 square feet; a lot width of 118 feet (along Gulf to Bay Boulevard) and 150 feet (along McMullen Booth Road); a building height of 15.5 feet (to flat roof); a front (south) setback of 8 feet (to canopy) and 10 feet (to pavement), a front (west) setback of zero feet (to pavement) and 42 feet (to building), a side (north) setback of 10 feet (to pavement) and 37.75 feet (to building), a side (east) setback of 2.9 feet (to pavement) and 21.4 feet (to building); and 12 parking spaces as a Comprehensive Infill Redevelopment Project under the provisions of Community Development Code Section 2-704.C, as well as a reduction to the interior landscape requirements from 10 percent to 0.94 percent; a reduction to the foundation landscaping from 5 feet to zero feet on the south facade and zero feet on the west facade; a reduction of the west landscape buffer from 15 feet to zero feet, the south landscape buffer from 15 feet to 12.2 feet, and the east landscape buffer from 5 feet to 2.9 feet as Comprehensive Landscape Program under the provisions of Community Development Code Section 3-1202.G. Prepared by Planning and Development Department Staff: A. Scott Kurleman, Planner III ATTACHMENTS: Location Map; Aerial Map; Zoning Map; Existing Surrounding Uses Map; and Photographs Community Development Board - July 20, 2010 FLD2009-02006 - Page 10 of 10 Resume A. Scott Kurleman 100 South Myrtle Avenue Clearwater, FL 33756 727-562-4553 scott.ku rleman (k,'?mvelearwater.coln 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 City land resource regulations. Landscape re-inspection program. Plans and directs program to 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: Community 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 Arboriculture. ISA, International Society of Arboriculture, Certified Arborist, FL-0414. 1 22 12, 120 I ,9 I is 17 1 16 1 15 I _ 22410 F 13 0408 I I `? y - m c 213 219 225 z z 211 205 :''......: :::: :{: :• :: : : : 227 211 217 223 :. :: ; ; : :. .: .:"..::::'.j:':r:::::'• :..:.:.::.:..::.? 1 I 30 i3Eir'Nif?A? f?ON 207 209 215 221 X t 91660 300 e 9 22 1 21 20 119 1 18 1 I b576 1 224 O • 1- 0 _...:-•::'..• :::::: ....:...::: .:::::.:.•:,..•..,,. , :.:.•.: -.•': 367 m ??/:;::{:'•.':::?i'i'•:-.;' : :.:.:.::::.::.:'.=',';:::..::' ::':'i 369 3 I I ?- - -I ATTACHED DWELLINGS 1 I 1 361,363, W J 339 343 347 353 371 J 351 373 OVERNIGHT 337 341 345 349 355,357, 375 ACCOMMODATIONS 377 133 225 5 . 224 210 OFFICE O O 10 h A M q ^ 00 p pM my 223.17 100 .97 55.9 F n M F F ?"? 225.3 M 207.08 3 n GULF-TO- AY BL D e GULF-TO-BAYBLVD 0 ? sq pOj F 838 Csy O O F M W 1i. M M M 3106 O GOVERNMENTAL USE ?g3106 Q TRACT A m TRACT 8 O EXISTING SURROUNDING USES MAP Owner: Donald Aze Culbertson, Successor Trustee Case: FLD2009-02006 for Pinellas 3100 Trust Site: 3100 Gulf to Bay Boulevard Property Size: 0.43 Acres PIN: 16-29-16-00000-240-0500 Atlas Page: 292A I I_I I I I I I I d I c ?' 213 219 225 a 2 2 . 205 22 7 ... ,.. , ... ...., 211 23 ::::.?•.,-;:':::r''•:..•.:::.. I I 30 207 209 215 221 - - _ ? I I J m m .. 367 369 I I I Z W 361, 353 363, 371 W J J 339 347 343 351 373 ? Q Q 341 345 349 337 355,357, 375 l C 377 1 GULF-TO-BAY BL VD M M M G F-TO-BAYBLVD C7 m m a W W m m L- ? OS/R O ZONING MAP Owner: Donald Aze Culbertson, Successor Trustee Case: FLD2009-02006 for Pinellas 3100 Trust Site: 3100 Gulf to Bay Boulevard Property Size: 0.43 Acres PIN: 16-29-16-00000-240-0500 Atlas Page: 292A ST LU ; . a .:j': •..::+:::;_++I BAY LA ' u~i z Z : :`.Fea ervuood Y '..; - NbcDDreId Cleveland. ?J 0 Ea ad cry u p J LIJ o ai CKY m !'''CJ . ?f[J1j ti'J STREET . I v y. N ESS E "1 ?• 'Carolina ? GULF-TO-BAY BLVD rY ? TIM. •} i s- - - - - Z } 0 F.: ••:''.. G - - - PROJECT F m SITE - y` y T - LOCATION MAP Owner: Donald Aze Culbertson, Successor Trustee Case: FLD2009-02006 for Pinellas 3100 Trust Site: 3100 Gulf to Bay Boulevard Property Size: 0.43 Acres PIN: 16-29-16-00000-240-0500 Atlas Page: 292A "11t4 p o tx ? ? far 91? O le . 1 r J J t . ly - ,I ?_. r J J , irr I M1 Il ? ?? N? I 1 II J J a r'y '? ! ? # ' ? r :: I I I ! ,. ?,? ? ? ?' , + ? ?. . ? ,??? ? ? 'lam `? ? ; "'fir T ? .,; .. ?' ?.. JJ _ _ n ., 07 . Iy ? ._ 13`• fii .1 ??• SAS,. ^r.. ' -44{ / c Ll ,T L"LIIL+ ? U 7,c L-- L I/ V 1 ,? ' 'ti Irk Eli , rJ / l .' - .'fir (( - +I ,7a°"?'f•?SC"{t? ?„1 ??1 {t J I(-.? r. tai ,• ? ? Yrn??? ??, ? Ir - - ? tjf 'r/ , -f ? ? ? r? . . k , ` tr rr ? wr 9 14% 11 i- r .? t 6LUGma ? ?• AERIAL MAP owner: Donald Aze Culbertson, Successor Trustee Case: FLD2009-02006 for Pinellas 3100 Trust Site: 3100 Gulf to Bay Boulevard Property Size: 0.43 Acres PIN: 16-29-16-00000-240-0500 Atlas Page: 292A View of outdoor display looking north. 3100 Gulf to Bay Boulevard Case Number FLD2009-02006 Page 1 of 3 View of existing pavement to remain. View of outdoor display looking east. View of outdoor display looking west. View of south side of existing building. View of existing pavement to remain. 3100 Gulf to Bay Boulevard Case Number FLD2009-02006 Page 2 of 3 View of interior repair garage. Residentially zoned property immediately north of the subject parcel. View of repair equipment. 3100 Gulf to Bay Boulevard Case Number FLD2009-02006 Page 3 of 3 View of north side of building. View of outdoor display looking north. Q F p i rn M'f ?r Q p ^ CA CJ GI or O m m z A ?, ?? qtr F i ( 44 \, y~ ? t ? \p nurn(n?' N1? l eq4? UDi i z ` t? 14, ?r? "1y yet 9 9 Tj 'A ilcoll A A9 !e w wO "r . -ii [T- ,„ P!5' t/i p "A g? 1 CN I rill . N r 2 1 pp Y I Ir/ry l? X1'1 ?i ?i 0) 4 'lip 03 m 6+r? dfY fb? .a K9 1110, ?r t?J h? H k? taryi}?? ?x t?;4t 1, Ail r1 ?l?x? ,i ?.1 A 1^t-1 I;a^?u;J 4`d b?nl d Q ?J t? L? C I t ?' n r• cc: N cm C) (t fn nt c7 p ML Z r.. f t 11??ffJJ t t) d Gt.'d;7 t7 Fr 3 wy m "wh n•I i' rte. pP t'fl CG € EWE n T, OR A EMO i S=Y V gam? Is=3 ) SF M Pis? YE - NO _ T Yes; atm? _ fVy y: e app iczWe documents) C. L-l SUSIM i A COP'S OF THE TM -E E I-NISU tf 4GE F'fl'... CYDE E0 ? f HE PROPERTY OIR SiGN . Fit7RV TTS-'fNG OW;* ERSHP (see Page , -.0" 2. 3. 4. 5. B. Provide =nolete r .s- u` The pn2posed deJetoum is located. The proposed deve,-r w it an L- all nd dings or significar impair t-he value thereof -0 j y,-IOC 4 The proposed devetepr[zent e- eyj4 n Safe The W-Vosed deve3opnent is ? 20 The proposed devetcpri-4-t is -fPrt ?'he design c# the adjacent pruapei-,ies- 't Ott i ? a: *- nruag v r nc i , Fognsve--com -it ?eyia,? 2 i =r .s s s :er; ;r, i Proms ?3r) 2008 07-11.0-oc Page 21-4 3 WRITTEN SUBMITTAL REQU REMENTS: (Comprehensive lnflll Redevelopment Project Criteria) Q Provide compete responses to the sic (6} COMPREHENSIVE INFI L Ri DEVELOPMEAfT PROJECT CRITERIA - Explain how each criteria is achieved, in data![- 1- The development or redevelopment is of ise wiprac lic al taithout deviations ft m the use and/or devefoprnent standards set forth in this zoning distti 5 64 2. The development or redevelopment vow be consistent with the goals and polsaes ot the Com reherrsiv+e Plan purpose, intent and basic plattrti:s-,g ob)eclives of the Code, and with the intent and p , as well as veith the general purpose of this zorirtg district -Me 47. iS 4*451'arAgr 5 l 3. The development or redevelopment ww not anpede the rxirrrral and orderty devekpne rt and y` errientt of surrounding properties. ILL= l L# G - r ....: c . - - - - 4- AgOk* g PiDpeflles will not surfer substantial deftnent as a resat of the proposed develo t 5- The PrOPOSed use shag Oftw se be €3eir tled by the underhying future Land use category, be mpt a with adjacent land uses, will not obj'?ectives alter the essential use characteristics of the neighborhood. and shall ?? cxa compliance wth one or more of the following a. The proposd use's Perrrtltlect in fret Zoning d as a minimum stand. b- ttexible The proposed use wool be a ? economic contributor to the t?tp's e jobs; base by Or the went use; e=mmy cu by creating c- The deft proposal iodates the aWnsion or redev rent of an existing econorric contrlbutor, d. The proposed use p for the Pr msaon ar e. T land he Proposed use provides for dent or redevelo is char?ed by t? simmer development and where a the d in an area that f_ The proposed use plan a Pry for Would r? in a spotbrsd use or 2oning designation; or > de' o ent of a new and#tr Mmwvatlon of a worisng water ro use X 42 6. Flexibility with regard to use, lot width, required se th e following design tbadcs, freight and oft Parlaurg are iustified based on denx:nstrated =PIranm with 211 of a_ The proposed b. The permitted in thisZn'ng dmb)& ill n impede the ttorrrtai and air deve t acrd tirtprcwernsnf of fire strirourxtinq pis ftx uses c. The design, proposed de and 't complles with ? design g? adopted by the City; d. T order to fi sc a cohesive. vis InterSity of the proposed de++efolxnent scrpporb the st5 red Or er g dwacter of an area; In ually the follow Changes ing deign elements interesting and at?ve appearance, the proposed devetopriren# motes a substantial number of in hwwnw boding colors and textures; uses' F+Sasters, tom, Wkoniet-, ra&XjS, amrings, at,; t $?? e The proposed development provides for apprgwlate buffers. enhanced W1KIsc3Pe design and aWopciatee distances between buildings, Vj S_111anntngDepartrnenllAwV=ilia. r _ --Q 1xrfls%L.ompfe live Ittfilf Prod (FLD) 2008 0711.doc Page 3 of 8 E. STORMWATER PLAN SUBMITTAL REQUIREMENTS: (City of Clearwater Storm Drainage Design Criteria Manual arat3 4.202-A.21) AA Q A STORMWATER NARRATrvr-- MUST BE SUBMITTED WITH ALL APPLICATIONS. Ag applications that involve addition or moffmatian of imper0ous su€i , inckxrm taawn*--. mug kwkxL- a slormwates plan that derrwztmtes canpiffranae vvm the city of Clearwater Storm Drainage Design Criteria Viral. A reduction in impervious since area does not qtwiify as an exemption to this requirement 13 If a plan is not required, the narrative she provide an axpiarsadun as to why #Ie site is exempt. Q At a minimum. the STORMWATER PLAN shall include the tottowin% ® Existing topography extending 50 feet beyond all property fines, © Proposed 9--ding inducting finished Boar e&.evations of all structures; D All atarent streets and municipal storm system Q PrOpowd stormwaterdetertt:otftetar t arm including tap of frank, die of slope and outlet control Stu=% Q A narrative describing the proosed st€ rmwater conbW plan including all Cekxftbo. and data necessary to dernortstram contpfiarice with the City manual- E3 Proposed stormwater detenfisutlretwn area including tap of tank, We of slope and outlet control structure; C3 Signature and seat of Florida Registered Pro%ssional Engineer an ag plans and cwcuiatjom. O COPY OF PERMr- INGWRY LE•r'iER OR SOLM-1WEST FLORIDA WATER MANAGEMENT DISTRICT (S'1Yt=VYMD) PERMIT SUBMITTAL (SWFWMD approval is required prior to issuance of City Building Permit), if all ocabie to ACKNOWLEDGEMENT OF STORMWATER PLAN RECH.I REMENTS (Applicant must initial crane of the folloMiri ). Stormwratw plan as noted above is included P t Stommater plan is not required and explanation narrative is alt _ At a ri-9nin um- a elevations shag be PlAded_ gradi og plan and 5nist?ed floor 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 qu%bom reoarrtirg Iha..se requernents, contact file City Pub&c Works Administratim En nrrg Depwtment at (727) 562-4750- F. SUPPLEMENTAL SUBM17 TAL REQUIREMENTS: (Code Sermon 4-202.A) C1 SIGNED AND SEALED SUR'JEY (mckKft ftz?d motion of property) - One odgtnal and 14 copies; 13 ,RREE ing drip RV lures and ding dst tr, tees an to be site and %ftin 25' of the asl nt s%-' by species , si (DW 4' or starand kxat?n, ?) -? desagn amend the existing to Q TREE INVENTORY. prepared by a 'beriffied arborist', of all trees 4' DBH or greater, such trem; r ectisrg size, canopy (ddP tines) and condition K LOCATION MAP Or THE PROPLERTY; X PARKING DEMAND STUDY in conjullcom with a n to make devrations to the Prior to the sribrrsi?t of ails apply, ttomet ( Reduce number of spaces shag be to accordance with 3CMPW traffic ? of such study sly be approved by the ( rrttrrir+riity DevPtsipnsenz Coon3mator and We& approve& devi2tiorts to the parking star?ards are engineering psin The Jindk gs of the study wig be used in deterrnining whether or not Q GRADING PLAN, as appkaW N/A D PRELIMINARY PLAT, as r ed tl\fpte. BuikkV I i will not be issued until evidence of recording a firud plat is pmvWedk O COPY OF RECORDED PLAT, as applicab,ie; is imanning DepartmentL Wica4an Fo nslDeveloprneit Rewewt2008 FormSIComprehensive ink Project (F D) 2408 07-11 hoc Page 4 of 8 G. SrrE PLAN SU13MfT'FAL REQUIREMENTS: (Section 4-2t?2.A) 0 SITE PLAN with the follvMng information (neat to exceed 24:x 36-Index sheet referencing inariduai sheets included in }-&ago- ' North arrow; Engineering bar scale (mir*mHn scab One inch equals bfl feet), and Gate prepared; All dimensiow, Footprint and size of all EXISTING buildings and structures; Footprint and size of all PROPOSED buildings and structures; fjcsA?T All required setbacks: )r? All exrsfing and primed Points of access; All required sight Wangles; Identification of envimnmentany unique areas, such as watercourses, wetlands, tree masses, and specirnen trees, including description and location: of undersfor};, ground cum vegetation and wild ife habitats, a= Location of all public and private easements; Location of all street right.-of-gray within and ad M to the site; Location of existing pubic and p ivate- ul"iities, rig fire hydrants, storrn and sarria.y sewer lines, marftles and lift stations, gas and water lines, Gt Ali Ping spaces. dAveway's. loading areas and vehicular use areas; Depiction by sling or crmsj ring of ati n red parking lot inte W tandscaped areas; Location of all sof d waste containers. recycling or basis handling areas and outside mechanical equipment and all required screening {per Section 3-201(D l( and Index #701}; Location of all landscape material. W-A Location of all onsite and offsite stouri water ananage nt facames; Location of all outdoor fighting trxtures; Location of all existing and Proposed sidewa and Floor Plait typicals of buildings for all Level Two approvals. A floor plan off each floor is r eQuked or any parking ga-rages requiring a Level Tina apprtnral_ D SITE DATA TABLE for a fisting, required, and proposed development, in writfenpabuiar frrnn_ Land area In square feet and ages; Nurnber of EMSTING ding um-, tt to Number of PROPOSED dyge3ting uFuts; -?_ Gross fm-area devoted to each use; Pairing spaees_ total nwriber, press in tabular kxrn with the number of required spaces: Total paved area, including art paved park- g EXISTitIv REQUIRED PROPOSED expressed in,-Auare feet & p dnve?rays. OifCia! recorr3s book and of the paved v ierrtar area, page numbers of all existing utifity easement Building and structure heigtxt: ImPerrneabie surface ratio {1-S_R.); and I It 1A Flow area ratio (FAR.) for all nonresidential uses_ D ?'rRE?DUCED COLOR SITE PLAN to scale ,,51/ X 13}: 0 FOR DEVELOPMENTS OVER ONE ACRE, provide the fbIkr ing afttionat information on site plan_ 1A One-feat contours or spot elevations on site; Offside eevatf= If requires} fo evaluate ft proms storrrtwater rrtanagernent ior the parcel; All open space areas; Location of afi earth or stater retaining wafts and earth banns; T Lot lines and buffing tines (dkne,,?,ne4 Streets and drives (dimensioned); _ Building and structural setbacks (dirnena§oned). Structural overhangs; --tanning DepartmentliAppi catim RxrnslDevel-'Y'vnent Reviewk2038 Fof,-V1siComp`e'1er=ve tnfil! Prot (FLD) 2008 07-1 3.doc Page 5 of 8 H. LANDSCAPING PLAN SUBMITTAL REQUIREMENTS: (Section 4-1102.A) 13 LANDSCAPE PLAN with the following n,foimation (not to exceed 24' x 36): All existing and proposed structures, Names of abutting streets; Drainage and retention Gress inck4ing awailes. side sk4„s and botten i elevations,; Delineabori and dimensions cu all reqrired perimeter lar ape buffers; Sight visib7ily triangles; Det€neation and dimensions of am harking areas irx*jding landscapes islands and c'rj*g= X tree Existing tees Ora-site and ilia amt to the sifts, € y spay, size and locations. including d0pliness (as indicated on required Lof--#M, size. and quantities of all existing] and PYDPosed hndsca? rateriats. indicted by a key relating to the plant _ schedule; Plant schedule with a key (symbol or latrel) Wficaling the s€Za, description, specificauons existing and proposed l quantities. and spacing requirements of all mahmvb. incluift botanical and cjnon names; Tprot ? rnting deest-? for trees. fists. shrubs ?i ground comes plants including instructions. soil mixes. ba ckfitl?ng. mulching and Interior landscaping areas hatched andlor shaded and labeled and interior landscape coverage. exp-essing in both square feet and percentage covered. Conditions of a previous developfl'tetrt approval (e.9- conditions imposed by the Community Development Boardk Irrigation notes a REDUCED COLOR LANDSCAPE PLAN to stale (s 35 X 2I ): © COMPREHENSIVE LANDSCAPE PROGRAM W50WWn, as applicable. Landscape assoc,;ated with the Comprehensive Landscape Program shall exceed minirrain Code requirements to oft5et the areas where minimum) Code Will not be met. I. BUILDING ELEVATION PLAN SUBM17TAL. REQUIREMENTS: (Section 4-2()2.A.23) A BUILDING ELEVAMON DRAWINGS - With the fogoing infbrma#M: All sides of all buildings _ Dknensioned X Colors (provide one tul€ sized set of cored ele? rtions) Mated2ls © REDUCED BUILDING ELEVATIONS - same as alcove to scale on 8 % X 11 J. SIGNAGE. (Division 19. SIGNS/ Section 3-1806) All E)OSTING moved to remain ndrng and a W sigr? pt°?e 0 re 01091`30s and dirr? (ate, hit etc.), indicate whether they will be g AD standindinng Mg freestanding and attached . dp?? including k3calion, size height, CD10s, rriatenals and drawing; freestanding signs shall ir4me Ihe stmt ate O Compmhenswe Sign PrOgiarn applicat'on as apple (separate appiication and tee rewred)_ D Reduced signage propel (8 Y: X 11) (color), if suta-nltt ng Comprehensive Sign Program acatsl"sca€ion_ S:4Planning Depart it;A ly€ Itet Pcgrnsit3evetop t Pevllrti2C108 Pt sxCmprehenstve innq rproiect (PLD) 2008 07-i 3.cioc Page 5 of 8 K. TRAFFIC IMPACT STUDY. (Section 4-2022. r3 and 4-801.C) I Ll Include if required by the Traffic 0peati0rrs Wriager or bL ,er designee or the proposed da vrelogn t Wig degrade the at eptabLe level of servir„a for any roadway as adopt in the Ccxxrirr,*,ensrve r fan. Will generate 100 or more new vehicle dirtctimiil WPs Per hour andfor 1000 or more new vel icle 'M? per- dav- VM affect a nearby roadway segment and/or ink vnth rve (5) reportable accidents vlthin fie prior twelve (12) month period or that is on the City's annual list of most hazardous 'ate, rsp? Trip generation shall be based an the most scent edition of the Institute of Transportation Engineees OTE) Trip General Manuai. The Traffic impact SbAy must be prepared in accordance with a 'Scying Meeting' tad vAth fine Traffic fl bons Manager and the Planning Departrnenrs Develop rent Rerjew tvianager or ftmir desWee (727 562-475(2} Refer to Section 4-801 C Of the Cam=unity Develripr€wa Code for exceptions to Ws requirement. Q A owlet#gerrsent of frafrrc npact s" s Wrerrieri (Applicant must initial we t?f # fclfcv rig) Traffic irnpad Study is inckule d. The study must include a summary sable of pre- and pus Dl- =k roadway teas and each ? rrtt rsent at all Fnterse?or? identified in the 5cap n_q i ?m?ri levels of service for all Traffic Impact Study is not rel . CAUTION - IF APPLICATION REVIEW RESULTS IN THE REQUIREMENT FOR A TRAFFIC IMPACT STUDY AND A BIAS SIGNiFICAN BEEN -%MMrr ED, APPLICATION MUST BE RESUBMITTED SIGNIFICANT DELAY Y MAY €')CCUR. If you 4750_ have questions regarr!irug time regsuremenfs. contact the City Public Woft Administration Engtrz ir;9 NpaTtrneni at (727) 562 L. FIRE FLOW CALCULATIONS} MATER STUDY: Pt upgra Fire Flow Maier Study by a FIRS= PROTECTION ENGIM-=R to am-tre an adequate waiter supply is available and to determine if spy up r, standpipe required fire ? due to the inVact of tires prcoa Tice water super. must be able to support the needs of any required fire an0or ptrrnp. If a fine punt is rid Ifle water sarppty must be able tts supply 150° of ifs rated Compliance with ft 2? FI? c.n n,i C M-• xl --4-t!FP A'.3. A-4r A 1, `:SAM, NSA 291, a, A.'FP :T2'r " u- q?? }x'iFY2w t xt+s t -qtrifr;ii_ 0 Acicrsawtedgernent Of Tire flow cxicsilaHWWWMer Sh* r?Lit7irerrierl$ IApplicant roust k#tial one of rite k1loviing): Fue Flow CatculatimmMWer StL* is inchMec€_ T, - Fire RON Cakulatiansh'Va#er 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 OCCUk if you have questions regarding gk-?S9 re?ntS, contact ft Cfiy Fire Rftwd on Dint at (727) 50"2-4334_ M. SIGNATURE_ in this nom. loge `fro. all repr?stati(m rnade in are bVe and acanale tts ft hest of rtty owled" phol? authorize Cfty r4resent2tiveS to visit and Y de=In this flon- SI'A7E OF F=L;pi E0, COUNTY OF PIN ?#iecs More * this day of me andfOr vrho ins IssoriaH; kriavilrt by invuLicea has Signature of property owner or represe tafft. cwwnis---? eWff : NOTARY PUBLIC-STATE 1F 17ARIDA -1 010,j j (Exp ires: 24, 2012 ATt- S:"anning DepartmenhAppliraftn Farms 13eueloprrient Reviexrt2sit2g i-tzsns Page 7 of $ lCorripiehertsive lnffi Prflject (F!D) 2008 07-11.60c N. AFFIDAVIT TO AUTHORIZE AGENT: 1. Provide names of all property owners on deed - PRINT full names: P,vtald 424 06beir an- 31f S 5?o?e lih:e ?i 2. That (I amiwe are) the owner(s) and record title holder(s) of the following described property (address or general location): Do C-4 u t rb SO!, /3 cW G'11f-*.rUw,4 3 S' 3_ That this property constitutes the property for which a request for a: (describe reques--t)// 4. That the u ersigned (hasthave) appointed nd (does/do) appoint: as (his/their) agent(s) to execute any petitions or other documents necessary to affect such petition; 5. That this affidavit has been executed to induce the City of Clearwater, Florida to consider and act on the above described property; 6. That site visits to the 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; 7 That (I l the understgned authority, hereby certify_IAt the foregoing is true and correct. Property Owner Property Owner Property Owner Property Owner STATE OF FLORIDA, COUNTY OF PINELLAS Before me the undersigned, an officer duly commissioned by the laws of the State of Florida, on this day of ? D personally appeared ?q L (1 C(`? {?_ (? S(??L who having been first duly sworn Deposes and says that he/she fully understands the contents of the affi vit that he/she signed. Nota u Signature N3tarySean3tamb- ` - My Commission Expires: Notary Fubec Stabs of Florida + Nancy J Scott My Commission DD875m Ep m 06/ orn C014 S:1Planning DepartmenWplication Fonns\Development Review12008 Forms\Comprehensive,nfill Project (FLD; 20u3 07-;1.doc - Page 8 of 8 ADDENDUM TO FLEXIBLE DEVELOPMENT APPLICATION To whom it may concern. On January 15, 2010 Donald Aze Culbertson became the Successor Trustee for Pinellas 3100 Trust (UTD) May 9, 2008. After much research and trying to work with The City of Clearwater codes and administrators that in turn has place hardships on this property's tenant and the property owner, Pinellas 3100 Trust. It is alleged that the City of Clearwater Ordinance No. 6348-99, Including but not limited to Section No. 6-102, Section No. 6-103, Section No. 6-104 is unconstitutional. Please approve this Flexible Development Application with as few changes as possible and be advised that this request for Flexible Development Application is for the purpose of completing a Lease that was entered into the 12th day of May 2008. The property owner and/or the property mortgagee and/or the Tenant were never advised of Ordinance No. 6348-99 by the title company, attorneys and/or others prior to closing. I received this information on May 20, 2010 in hard copy from The City of Clearwater records. The Tenant on this Lease has had many hardships placed on them due to past denials for the use as intended prior to the inception date of May 21, 1999 that Ordinance No. 6348-99 took effect on the property. The property owner and the tenant need the right to operate their business and this property as it was prior to May 21, 1999 that includes but not limited to a small engine repair and sales center that includes the repair, sales of accessories and products that have less than 150 HP and not to exceed 1800 CC in size that include items as follows; 1. All Terrain Vehicles (ATV). 2. Lawn Equipment. 3. Mopeds. 4. Motorbikes. 5. Motorcycles. 6. Motor Scooters. 7. Personal Water Craft. The City of Clearwater codes and administrators has place hardships on this property owner. Request is herby made that The City of Clearwater release any and all fines, code violations andrjudgments against the property for actions of the tenant. Donald Aze Culbertson, Successor Trustee For Pinellas 3100 Trust 04129/2010 13:08 7275300331 CU`BEPTSQN:TRUSTEE PAGE 02 NOTICE FOR TOLMNA'130N 4F TRUSTM STATE OF Florida KEN BL"M CLERK OF COURT P lB CoUR77 FLORIDA C6UNTY OF P iwilas aF REC aa: i PS: Szs-M DOCTypt:4JOT4CE RECORnUk xsSM Pt onally appeared befm me the imdemSped audxn*, Donald kM G?lbcrtson, Truster For Fuftaft Club Trust, Affiant, wt v, being by me, first duly swo m u pm oath, deposes and dvit L l ; 11w A is 100% Aew6ciaay "mid Pari3r" to a Lsttd Twat Amt uaair UM docu nveM bow as NwHas 3100 Trust doed the 4th day of MW, 21818 executed by and b the AfftwA and Scott Bdwm as Tnu k* (" &x=d Pwq-') for Pinellas 3100 Trust, rre*nvd to is such, Agreemeatt as the Tom. 2. Said Laud Trust Agreemea was exam d on the 9th dry of May, 2€108 and gook own= Wp to a parcel of land situate to the County of Pinelta4, State of Florida, uaoru filly deicribed as- Legal Description; The Soutb 221 feet of the West 193 feet of cwvmmag Lot 2, &wfi n 16, Township 29 South. Range 16 East, Piuel County, Floridan LASS toad rigbt-of-w AND LF.SS property deed in Oidix of`farl ng rwor&d m Officsl Rids Book 6$61, Page 981, Public Rand of Piadlss Comady, Fkxide; .ALso LESS poaperty gibed in Warranty Dead to P9ncllas Cmmty, Flmi& mcarded at official r s Bock 82:17, Page 744, Public Rw"& of Pintas County, Flori& Halving a Strom Address of; 3100 Gulf To Bay Blvd., Clear9va tm, Florid, 33759-4505 3. chip; Trustee's Quit Claim Dmd dated M" 12th 2008, Rt? Book "Pap . 4. Twduntionwbich shall become a ve Sanufty 15, 2010 as per lotto (oWy at wjwd) to SCOW B , T=Me C Sect Forty"} dated January ,5, 2010. 5_ Donald Aze Culbertson, Shall serve as Suwoessm Timbee wmkv the saute tmw as oudmed uwkr the original M st doGUttnwms for Pinellas 3100 Trust UTD the 9th day of May, 2008. f la'51 LXMM An Culbertson, Tmqter- For Futam Club Trust; B ciary 04%23/2010 13:08 7275300331 STATE OF Florida c6UNTY QP Pieilas) CULBERTSCIN, TRUSTEE PAGE 03 I HEREBY CERTIFY on this day befbw m an officcr dntp authorized in the Ste and Cwmty ahrea id to take acknorwledgmcuts, ply appmtd I ld Aze CuUmbon, to be known through identification to be the person described in and wbo executed the foregoimg i as augoo and who ackwwkdged before me that he a od the same as bin owa. free act and will. WI'T'NESS my band and offiew seal in the County and state afaremd this Tith day of d4tgffy, 2010. WOMNANM#mKM rtir», Zane Nay 'his Domm ent Prepared By; Donaid Am Culbertson as Trustee 310 TRiJS M mss 01 !. t 10 04729/2010 1#: 20081$6324 $1M0 D DOC COUN?y, FI. BY (',ryp.retl b,; and ROHM Lbretere 13:08 7275300331 CULBERTSON:TRUSTEE EX: 16257 PG- 1391, 05/19/2008 at 12:50 PM, RECORDING 1 PAGES STAMP COLLECTION $3677,10 MEN DUPIm, CL?VX OF COURT PINELt,AB DEPUTY CLERIC: r-LM4013 BgWty lyattetsai Tipe J.LC 31564 U* Hwy 19 N. PRIM, YI }rber, FL 34b$4 727.3211¢529 File Na riber: 08-5753 Above'Mtr 1,104 rbr Rocaftj PAGE 04 Trustee's Quit Claim Deed This {Wk Claim Deed m¦de tbiac 120 414y of Mtiy, 2M between R. Jay sarplsy a Trustee(s) of the 'Me Ea6ste of- AM5 Pa#olctety rrrc., which caw is pending to the tlniled State 8asiaapay QMxM wukgc Iliaaict of ilcodA, Tampa ?' `•' ^ ' Dt 10ft Case No. 05-7A426-KM a+bw pw 6ffi" tddss is FO Box 271216 Tlanips, FL 33688. Grantor and P4teB? - 3100 'fr et U7'A W Scott a tmat as traeeee, with the thbi power std mdhmity to pr~, conserve, se11, cdnAey, lease, entnunbm and to athxtcisc itlanage and diopose of said mAd property ptasuant to P.S. 6$9.0"1, %*d. post 011-1 address ii 310Q Gulf to 13ay Blvd, Clearwater. FL 33759, Cnraatee: ` tWWi;va' Pry1 Mein the krmr "pastor" ad 'Smome• i Wde at tae panics m Oil .wa,.ese,n rW t,- bon. icyfi *+P'baM66?. wad M ip. eC leswittaata wad the mceemm and amps oreopmwiaas, V *Mx wad enema) WIt1Dt atih, that said grantor, for arrd in co csiderarion of the stag of T'Ehi AM) Noll 00 QOLLAltS'(4in-00) atjd odter good "vahatble oooaderation to said Brndoe in iced paid by said Vateae, the mat* **6F a ber4b}^sp1MWwkdged. does bwi*y rendw. mleam and quimlaWn to the said grantee, and gtaowe's hclrs std tttgigaw.?trnci27, a(l tits r*, Title, irttetrst Bait and denww which granoot has in still to the following described Eanyt situate,,1j4n;,ii t hciap in Pine0le County, Risrida to-wit F The Soatt? 221 TM of the Wqt 183 feet of Garerertreat Mesa. 3assseie l.f. 2tlr?rjt>? Zg $pytq Rsnpt 16 Taat. rwelas Carsty, lrtarm*, IM Md righasti-tvay; A PcoPs!9I re.dt.e fig Unarm of Taking racarded Is 1!MM Rmrdr Meek 6060, trap s raw Ret4sds ttEi?lae8ar county Norldit: ALSO LtS3 preperty d+rserihed is WxJnv1M" Dte s a! riot m 001400, Florida recorded in dincial Records kiosk $237, Toe 744. Public Rae wds sF bleUaa ,Cattaoy. Flartda. To Ht appertah the use' l 'Me Prol the abot Attthmji 363, as originals in Wit Signori, a State al County The for lBstatlc t (Nerary weal Ideatltlcatlsn Nundsart t612R'16190*M4 fie s stud to DQid, the sane 6Pg4ti+W Al wid) and ejrfgyt(c the idpmrltnaacoa thereto belonging or in anywise g, and all the estate, right, title. interest,,ikn, 4iq'A d aids whatsoever of granftkXs, eiWer ir, lam or equity, for refit and profit of the said grantee forgret;' ti ry is sold AS is, with no wWurentieegtats? and is b+ ft sold in accordance with the teruu and conditions of rnentioued Bankruptcy r".otpx"s_ ptc>?er 5. 2007 Order Omating Trustee's Eniagency Mutiou For Order g the Sate of Real krcpersy'sjee aakd Mearq All Liens. Clairm and Bnctunbraaees Pursuant to 1 t U. S. C. Section ivadcd, by the Banklm Courth'Q[der O?aRinE Agreed Mat6a For Order Entvmt4 Closing of $ale, the ling filed in the official tetords of the 8ar> Er Cow. 1 t 1 Ss W hereof, gta r has46arentrto jet gTamor's hand and seal the day std year first above writkn. Icd and Fit:i9vttc+l,+n o+Ai%tasutce r i^ riS lt.t x. ,? f,J2.`i r? ae insdturtent was acknowledged before ene this 121St day 6f ou?py R. Ian Ha pley- as 7rustee(e) of the "i3 Peooletum Inc.. wtbieh is pcudkg6 In the IToited St.sea II y , Middle Dlattivt of Florida, TmnM C"t No. 03-24426-K , why `j is ptaa,.ny 6,., ow a drivvT v licum as idcntif emion. J N - - ._- Atom K t1'r00f #00" r tAa11 art aa0Mlry,taee Ye11 l'"Cied Name: My Cottsnission Expires: noublaTUna. 04,-/29/ 2010 13:08 7275300331 CULBERTSON:TRUSTEE PAGE 05 !r. pj*WM*W" TO AUrWMW WAAFMT' o_ DMdl1A?n?s???gwyew??aedMM-p?/T4f??c Gwj 1 Z. •,? ? '' 9- ? ?.? d thr ? PR??? 4 +?+mk ?. T#?lwhflrcw?l?Mp?p?MRr¦?s.??M??M+?+??q ?. TI?ItiN???1?111Ma?ttueili/1?? wpm, r}a¦rl?ti?¦CM. a?1 ?rrssa?w?dos.?•.+sa.???o?t..?le?1SK ?. 1l I?w.,?rwr..r.».¦.r?I?aa?,?M••wc?.rar..?rwr l% stoM?0estonsa0 pupwv. ¢ a+ • .ys?.?apw?w+.w..?ilt4 ++ + rrw.rvpoowsw? ?+[?so rsuAasrer coy w?i??ee?awl i???rr?rA?MMtrafra m? 7! tfiR?M I11R *owns STATE OF FLORIDP% COMM! V 4*F wwAerl IRa?ta?t?r MUiblreamgem*awbot in?IdR mills arm l?wors Ii?ef?rs NAT S, M2 doy of ????v eG0' SS Melr? is a??rwwrr ??'?? lurt p? tit 7MiM os_?t„dae ?+wesse PETE ALFONSO JR. r? ARCHITECT SEPTEMBER 111, 2009 CITY OF CLEARWATER PLANNING DEPARTMENT 100 S. MYRTLE AVE 4LEARWATER, FLORIDA RE: FLD 2009-02008 3100 GULF TO BAY BLVD TO WHOM IT MAY CONCERN WE ARE REQUESTING DEVIATIONS FROM MAJOR VEHICLE SERVICE TO LIMITED VEHICLE SALES & DISPLAY. IF YOU HAVE ANY QUESTIONS PLEASE CALL ME. PETE ALFONSO JR. ARCHITECT 5001 N. NESP.ASKAAVE. su[TE 9 TAMPA, FL. 33603 PH. (813) 231-5800 FAX. (813) 231-5810 Y ca, water u 100 South Myrtle Avenue Clearwater, Florida 33756 Telephone: 727-562-4567 Fax: 727-5624865 ? SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION ? SUBMIT 14 COPIES OF THE ORIGINAL APPLICATION - Plans and application are required in be collated, stapled and folded into sets RECEIVED BY (Staff Ini ials): DATE RECEIVED: * NOTE: A TOTAL OF 15 SETS OF THIS APPLICATION AND ALL SUPPORTING DOCUMENTATION IS REQUIRED TO BE SUBMITTED IN CONJUNCTION WITH A COMPLETE LEVEL ONE OR LEVEL TWO APPLICATION. COMPREHENSIVE LANDSCAPE PROGRAM (Revised 03/29/2006) "PLEASE TYPE OR PRINT- APPLICANT, PROPERTY OWNER AND AGENT INFORMATION: (Code Section 4-202.A) APPLICANT NAME: e- $ MAILING ADDRESS: D ( e MS h" _Q r - H,, 3 PHONE NUMBER: C3 Z3?-5-10 0 CELL NUMBER: 13 '? d 4' PROPERTY OWNER(S): GO "? (iytLt,t1 s 14 list ALL owners on the deed AGENT NAME: Pe?e_ r MAILING ADDRESS: 40 L P S L! ftit 6 3 PHONE NUMBER 2.7jt-,4m00 FAX NUMBER: 3 [ O CELL NUMBER D E-MAIL ADDRESS: 0 0(_, 1. ARCHITECTURAL THEME: a. The landscaping in a Comprehensive Landscape Program snail be designed as a part of the architectural theme of the principal buildings proposed or developed on the parcel proposed for the development t n ` ? e ?a x?S ca.?a i n? yt3 t u t.a?-e (Ju -: fix' t iL S_ , ea 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 othervvise permitted on the parcel proposed for development under the minimum landscape standards. S:U'la°nin9 Departmer:AAppNcafian FormsWeve%prrent revmwt2006 Forms) Comprehensive Landscape Program 2006.doc Page 1 of 2 r ' 2. LIGHTING: Any lighting proposed as a part o: a Comprehensive Landscape Program is automaticaliy controlled so that the lighting is turned off when the business is closed. 3. CONfF,(t'UM T Y CHARACTER. The landscape treatment proposed in the Comprehensive Landscape ..-P--r f t't r will enhance the community character of the City of w-" u"r- 14 S, f'ipw It 4. PROPER -11 VALUES: 5. SPECIAL AREA OR SCENIC CORRIDOR PLAN: the Janus ar u u s n. .-:': ..j c. 3= . r a °1t vu. plan ?¢i iGl the City of Clearv.,ate, has prepared and adopted for the area in which the parcel proposed for development is located- I Ht LAN136CAPl,NG REQUIREMENT S OF ARTICLE 3, DIVISION 12 MAY BE WAIVED OR MODIFIED AS A PART OF A LEVEL ONE OR LEVEL IWO APPLICATION AS THE CASE %1AY ^E c THE i"n C:, .?,? A-1101, ` ^.R DEVEi Env, APPROVAL INCLUDES A COMPREHENSIVE i;ti(;S:nPc _CO`. -y't t, -0i!---H7 - -?.`z, v :_ -v i- CFUA 't sit "SE OF t.AN"SCAPE PLANS, SEC i IONS / ELEVATIONS, RENDERINGS AND PERSPECTIVES MAY BE NECESSARY TO SUPPLEMENT THE INFORMATION PROVIDED ON THIS WORKSHEET. SIGNATURE: 1, the undersigned, acknowledge that ail representations made in this application are true and accurate to the best of my knowledge and authorize City represen=tatives to visit and Ir1..?..;.,,,,;v u _..YrI<catson_ ---z -------- - -- - Signature of prope owner or representative STA T E OF FLORIDA. COUNTY OF PINELLAS Sworn to and s=ubscribed before me this-2 #s day of i aIC A n- 20 to me and!or by o - scnalty knmun has produced lti't'ARY t?tratt rr rr a rrr OF FM as identification. ••••, Frances Mart h r IMAY 25 Notary public M WED i dRU BTLA.NM6 B oP7B GC My commission expires: S:VPlanning tDepartmentAppficadon Formstdevefopment reviewQ006 FormislComrrehensive Landscape Program 2006.doc Page 2 of 2 ite ........::?G Y:::µv:....,''.... ..... C:,. 11Ciic..j a1 liwact on the value of the oroo tiV in 1hP +>?. t+ y.ca" i,av„ Q Utift