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FL02-03-07 .J....; . .. . CASE ,F'-~.07 DATE RECEIVED: , 0...... RECEIVED BY (staff initials): \,J MW ATLAS PAGE #: 2-' i B ZONING DISTRICT: c:... LAND USE CLASSIFICATION: ~ ZONING & LAND USE CLASSIFICA ION OF ADJACENT PROPERTIES: NORTH: c... SOUTH: M b (L. WEST: c..- EAST: c.. ~ ct; ; Clearwater u~ ~ Planning Department 100 South Myrtle Avenue Clearwater, Florida 33756 Telephone: 727-562-4567 Fax: 727-562-4576 ~ SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION J J SUBMIT 12 COPIES OF THE ORIGINAL APPLICATION including folded site plans SUBMIT APPLICATION FEE $ I z.. OS. O"V A. APPLICANT, PROPERTY OWNER AND AGENT INFORMA nON: (Section 4-202.A) rl\VlIC; .lr~'\1 L.;d.. ,S II I lilll' MAR 2 1 :J02 ; i: i Ii ,0 \'-' .1 __.______. ~_.J ' Pu"r, , '~',_:'~ :.Urr.. fJ: ::;VCSl APPLICANT NAME: PEi cR ((-1 AN F 1 L ,PPO (::11 C;f I: r:/-RW rEH . MAILING ADDRESS: \370 C.\..[VEL.J\NO STrz€e:.i'1 Cl-eAfZWAle-a.. ,Ft. >'37fS . . E-MAIL ADDRESS: "'- ,I A PHONE NUMBER: -C 71. 'i) .4, \ - 4 '1 00 CELL NUMBER: ( ; 1. .,) OS I C; - 4 ~0c1 FAX NUMBER: PROPERTY OWNER(S): M l C. H A. e. L. C . L. ~ l-'Il Re:: FLEXIBLE DEVELOPMENT APPLICATIO ,--~l COUlprehensive Inrill Redevelopment Project (Revisec:l7/16/01) 0 -PLEASE TYPE OR PRINT-use additional sbeeI8 as necessary I i1 \ € CK. NO. \'1~'L DAlE ~/'t.z/o1- AGENT NAME(S): \(e V I}J S L f.1 E ft.€ ~ ' , MAILING ADDRESS: ze (15 I~A V A'-' €fl Dlllv~ J l'AL-M 1-1 A t7..I?'on.. , FL 14 ~e 4- . ' (Must lnolude ALL owners) E.MAIL ADDRESS: ~tv'.w.k H t rlG I\,cQ fk e1J X (J.I""" {, (""'PHONE NUMBER: CELL NUMBER: Sf; -;7 c.'t FAX NUMBER: 5v~v1't" I1EAvil FII L SuR OlVU'I o,.J LEGAL DESCRIPTION: PARCEL NUMBER: PROPOSED USE AND SIZE: / 'Z,c:; (,) 8 i )(1 .1=1. (acres, square feet) / <;,500 .:t Co M Mt!l\.c. 1,,~AoTO S~ot..J ~cJN" -+ 1. D",,-€\...\,...I~ (number of dwelling units, hotel rooms or square footage of nonresidential use) PARCEL SIZE: DESCRIPTlONOFREQUEST(S):~E'OUq',O\o..l \JJ M\~. \-0, A.\teA. LANO Sc..AI'~ ~V~i=e(tr L~ 500 (include all requested code deviations; e.g. reduction in required number d parking spaces, speciIIc use, etc.) LY)(i' A c..Il f. DOES THIS APPLICATION INVOLVE THE TRANSFER OF DEVELOPMENT RIGHTS (TOR), A PREVIOUSLY APPROVED PLANNED UNIT DEVELOPMENT, OR A PREVIOUSLY APPROVED (CERTIFIED) SITE PLAN? YES _ NO ..x.. Of yes, attach a copy of the applicable documents) Page 1 of 6 _ FIeldbIe Development AppIIeatIon - comprehensive Infill RedevelOpment p~ City of Clearwater ~ . I I . . L SIGNATURE: J, the undersigned. acknowledge that all representations made in this application are true and accurate to the best of my knowledge and authorize City representatives to visit and photograph the property described in this application. STATE OF FLORIDA. COUNTY OF PINELLAS '7 ~ Sworn to and subscribed before me this ~ day of /Jet..... A.D. 20 C ~ to me and/or by . whOls personally known has as )L~~ Signature of property owner or representative ~ l.o~(:;A. M. AFFIDAVIT TO AUTHORIZE AGENT: Ace Liauors. Inc.. Michael C. Lawrence, President (Names of all property owners) 1. That (1 amJwe are) the owner(s} and record title holder(s) of the following described property (address or general location): 1751 Gulf-to-Bav Blvd., Clearwater, Florida 2. That this property constitutes the property for which a request for a: (describe request) ~€)JQ.lV~il",.) C)f= E){\Sil)ol'- ~l.JIl..rJIN(". rCl~ VSE t..S j>."N AULl) St--\U"""ctUUI-- -\0- i J'Z.€SlO!,..,iIA\,; Oc.--ElU.Nt... 3. That the undersigned (haslhave) appointed and (does/do) appoint: Kp.vin Sherer as (hisltheir) agent(s} to execute any petitions or other documents necessary to affect such petition; 3. That this affidavit has been executed to induce the City of Clearwater. Florida to consider and act on the above described property; 4. That the applicant acknowledges that all impact fees (part(s and recreation. traffic. etc.) will be paid PRIOR to the issuance of a building permit. certificate of occupancy. or other mechanism, whichever occurs first; 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 (I/we), the undersigned authority. hereby certify that the foregoing Is true and correct. , Liquors, Inc. Property Owner STATE OF FLORIDA, COUNTY OF PINB..LAS Bef.re "1''''''' o""a..~""', on """, doly comm"'Io"'" by lOa lows of lOa Statj> of Ronda, on "'is _I q 1.f.. day of iY'ALt."'- . ~6C\'\..- personally appeared rn IcbtCU ( C, b~wlC:;u:.-~ who having beenfirstdulyswom Deposes and says that he/she fully understands the contents of the affidavit that he/s~heSigned. .....-..............BAANt d~ MYCommiSSionEXPires:/"'IY-CXc::>r~~';~ ~.~. . <...-C'J=.-- . ~\c~ if~ itt.~\ ~ 1M4I1OOI. ry Public ,/ :;.~ !If:S : ~" OFf\; ",,, Fl':llida NoIarY " ;....~/:!~l:~~ ...,.,....'_ 'I'" l <lu................... S:IPlanning DepartmentlApplication Formsldevelopment reviewlcomprehensive infill Bpplicalion2.doc Page 6 of 6 - Flexible Development Application - Comprehensive Infill Redevelopment Project- City of Clearwater , ,~;:J:\~f,,'~:;;i~:;'?:tHS";-:~" ;~~~'f;,;'~L:~~,~'z;t~tti'~~]V] " roRM lio. '" ......:."'. "lu>-(Sl"~l.'f F~'.J . .' '7'7.0-5" 020:r " . ~ '''~E-'::'' .::.t~~~:..::.:: ~"~ :..l ; :~> " ,..: . ~_, ; .' -. 'I', ~. . r .:, '. -'''~./ . . i\;:':.:t '..: ';:~5':'.:.' ;..' ~;1it"L.. . o,~ ~ I" "'. '.;', .,: 0'. .~\~ ..:",:0. A\)~i'~r;i'~~R.9',.: ~!-';~::~ .,' .wludtg ')lUtttllJI; :~.~ "', '. ", '.:il:I~;;~i~ ;'i;''',:'''/< '.'> " .:~;~'~~ ~ ~:. .:. :....'., '. '. ~-~/:~.~ .~"~/:;~~~;i~; i:~f;~~ii~k:.~~;.;.-,/'.:;f: ~.:~\:t;.5l;'r,;~r:.: b~~' '. ,UU",,,,,.14o :f.. .....pl""'I.......I"I..i'.'..'..,.....t...~"'A.I/'h<.'~, ....i:f. " At ."r-,.I'1 <, ' '!~n~Ih;.,. ;~-' :~-':~:~~~::::~~"", :~j:~:~1:l~'E~ ::~;~;;:;~ ~1~::~~;h;;:;;:;~;;2~::~rj:;; ."J&: c"!.::; iSp~::~, :tf to ~'Y in ":';=:~Cf,::,~<,P~~~~4~j~$iJ "TI::~;;.t g~~~!~~~E=~~~'J . ~h:i"'" {n.... . himd paid.' by tM. aid, pa~ 0.' the- s~cond, parl/:~~ ':6cef,p.t. :W. Mr. ....... .~. r,... '..i8.~...'.. teljg....~...... .... ".'.'.:;i. . . w1edted, has panted, batt4tned and sold tott~ said party.Of~tM8e.t?(;m,di.f9.,.r'i '. . . 'Min. . and. . assigns for,eve , th?o following de.~c,.ibed land, situate .lifi..:nJanr!,......1J. e,."n. ,../1.'.... ......iff.~'.....i. ~County of . Pinel aEl .' . .....: ,$Uit8~fY'1 . . ridG. to u;it: J . i '. .".... '.. ";<:;.1 'Lots One {lL .0 .,(2) and the East ";entY";;fi\;~ feet'. .,i;'~>......;l (E.25') of Lot ree (3) / and all.of'Lot SiX. (6) '.in . .~;< ,. Block "CO' Of ~ u1iBBEAtrriFULstJimIVIsfOJ:l,.accOrdinq:"~'i'.tw: to themapfor P at thereof, as recorded l..n .pl.t bOOki":', .13,' Page 6l-, of t~e~ublic Rec;.ordSQfPin~ila8:Co.unt:y.'~{, .'. ..> 'Florida, .~geth r .with all improvem~ts thereon un~: .~~.,; , :::~~!r~: +1... e~.~.:.,ta.... r..erntlMsoif!t, "10 ;,....:::. i. ..de ~f.ji.~ tp ~a~ceftaln fir.t "'''<go ';"-..wli of Mueller with the pre-rnt! pr~clipal 1>alance of $107,409.99 .whl~.', I __a ..- aDd a91 tJ~ " ~. .: " '.', ~ ,..~' '~"i . ..4nd' ~ laid ':"rty of ~M ,.~~ ,rl ~ MrebyJUUy UXI;rlYU&t ~ tul8 . 8,~ ~,. J Gad will def8M. 1M,. Ba1J1.e, a IUt ~. claL71J.8. 0.( all psrB. OM Wko. 77&6 ...... '......':. ..' ..>...'.........'..:1 . . :.. -- t~ P4rl1!'of~ftrdpoitluu~ ~'~~" haIitlGltd Hal eM d.ag . y r"tlnt e umtuIJ, '. .. ....;.1 ,.~ '.' ~BtI :.' '''i l:j<'! . . . I 1.~, ~ ; ,-. . . .1 . .j'.r:':.:-.;~<~.;.~;; ,J/ i'-,: c. PROOF OF OWNERSHIP: (Secti ~-202.A) J SUBMIT A COPY OF THE TITLE INSURANCE POLICY, DEED TO THE PROPERTY OR SIGN AFFIDAVIT ATTESTING OWNERSHIP (see page 6) D. WRITTEN SUBMITTAL REQUIREMENTS: (Section 3-913.A) J Provide complete responses to the six (6) GENERAL APPLICABILITY CRITERIA: 1. The proposed development of the land will be in harmony with the scale, bulk, coverage, density and character of adjacent properties in which it is located. A ( il--llJ GofZ.n. '''''A A~/V4 fr..vL-~ TlJ !'.JAY / I CI-IAttAc" iEfl/,-e~ NoN - {lcrll'ENT,AL, nOMI""A/~Q /;J/T/./ oTJ.,/EJt, CoMME.}1.l.,/AL.. vItI C;vt:.H Ar CArl.. OeAlJ.n.JJ./~I'I. CArt ""ASW~r.. (;oAf <JiA7/opt eft:..... . r 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. THIf PRoParc::O RE:-D€Y~L."PMC:NT WIl_L €.JJLClUAAGr€ rll~'l/f-,(~ (le-I)EVEL.OPME..JJT O~ AfJJ"At€JJT" Pfl..(.J~fLf'€I At Pfl.oPcILTY VAlvE" I Wll,L IJr c1J J.-IAJJ'€f) AY -n-le !ZeN" VA7IfJ#J i~ iNE ~i/lIl(.,1vI1.E ~ L.ANI)JCfJ/J/~J. 11It1'lf.'VEA ..{'~1r. 3. The proposed development will not adversely affect the health or safety or persons residing or working in the neighborhood of the proposed use. , C I-l TJ..:l E p~ PoI€O c..l...A~~ I (. ,-~(t <;T~ ttE W 1I.." t-!o'" REAit: Af.J yo €AL.j1i (,) rt ~A1=€:"Y r~ ~ vEl. ~o HA-z..A~"ovJ MAI~tlIA,-f W IL.~ f3E. SToMP 0"" VfW. 4. The proposed development is designed to minimize traffic congestion. -r S H j..l E: lie: pn..E. ~ E: )J\ '-Y A. 'i TI4 ftE"E: f)ft/Ve W A yr. -n.le T?ItIV€.IJJA Y ON 4-lJl..~ -rei (;A. Y )S 10 BE RE t-10VEt> TL-l~rtEP,Y t'Z.€.OVC.lN', Tt'lAt=1=\L IIVI'PA(..Tf O~ rTVL.~ TtI f'3A'(. 5. The proposed development is consistent with the community character of the immediate vicinity of the parcel proposed for development. 'T~~ Ar:>,:r/~Lc.t.r( L.A~" USe. Tu J/J(' 5A~-r I r A erAS &. CSEn.v,c.~ <;TA-rI~JJ. 'ra IJ./ € /!JE.t'" J f A CoM Men..C,IA'- MCrrIf!L. 'He]€. Afl~ ~I M\I-"a.. ItJT~JI1Y u ~cr. 6. The design of the proposed development minimizes adverse effects, including visual, acoustic and olfactory and hours of operation impacts, on adjacent properties. II-lc J-4Q\J1\.f C'iF OP6J1A-r'OJJ At\.E Nofl/'ltlAL ~UrlJJefr f)A't I7t~/fwf, -rJ.J l! AOn ,.,,,,,) CJF ~C.Nc..t;. 'r ~ /.,Af.,J1') !(..A.f'IN'1 RvF':€fl.r AOJA(..eIVT' /(1 7Ht. flct/I) <!"~JJI.. N€/(,.I4AottJ./oc,n bJlL.l /-I-€LJI TCI MIJJIMrl ~ A"'Y VNIC~~€.E.tJ //f;t'A'-i.l -r c) -r 1-/ e N [ I fr/-IIJ afZ. f..!()C11) . Provide complete responses to the ten (10) COMPREHENSIVE INFILL REDEVELOPMENT PROJECTCRITERIA (as applicable): 1 . The development or redevelopment of the parcel proposed for development is otherwise impractical without deviations from the use, intensity and development standards. THE PRoPoS'Et? RE-t)e"el....of'M~^iT' 01== I'J.JIS il-rE lfoJVCJLVEf I\J.tJ AOOrfIU/.JAL l3ul AJl.E.,4, 0l2. PAvEl'>1ewT. -r~€ ~()IL-"l"-J'- \! T" AE' U"/LI~I? IJJ fir c.urutS.~T c'eI. 'THE. N€fIJ f)~VeLCJ('N~Ni ~-rAJJf')AAtJr CAN/va-r J1g ADJ.JEILEIJ To I~ I,'t cX/l1/#J. f-rA I~(,. 1=1' lI""'r" 2. The development of the parcel proposed for development as a comprehensive infill redevelopment project or residential infill project will not reduce the fair market value of abutting properties. (Include the existing value of the site and the proposed value of the site with the improvements. ) II4E. Pn.OPaSE\7 c.L.~<"<)lC.. "-A'(t. <)(.lOWfu>>M W tl....\.. Aoo C.t~AMc.Tf. & \'lFWN€.SS Tu A"-J OTI..te:.nWlfE fo.Je\CrI-\l'\ort\-.lCJCofJ c')tSoRE.. PRoPas€r.> L.Al-.)~ "APE 1M E iT N~F\T V I"lrtClVt-J t>, · 0 -::r V I. Er. Page 2 of 6 - Flexible Development Application - Comprehensive Infill Redevelopment Project- City of Clearwater 3. The uses within the comprehensive infill redevelopment project are otherwise permitted in the City 0 learwater. T""~ c..Uft.\'t~N-r C.ltY of C.(.,.e.A1l.WA"i€1\. l,A~" J)e"t.~ClPM€1/f (,tI~ Al-Lol.Alf CAft DEAt..E(\"<;'~IP.r (l. c;ea.Vlc..€' VIe! IJ./ CoMM€fl!./Al. /)JfTfl../Cr: 4. The uses or mix of use within the comprehensive infill redevelopment project are compatible with adjacent land uses. ----=rl.:J€ ADJ b-c.e.,.,rf '-~Nf) vt€, To '1J..1e EA 5'1 J r A ~A) &. Settv,,€" <;"1A'TI(1J1, To -rUE W~Si \f /::.. CC1MME:rLC...IA.L M~IE'-. -rf..lf RefIDErVe-Eo To TI-IE: 'SovTI--I If TtJ ne RvfCf€If,€Y) W'TH A FEJJa) l-ItEOCx-EJ " ,n.ee!'. 5. Suitable sites for development or redevelopment of the uses or mix of uses within the comprehensive infill redevelopment project are not otherwise available in the City of Clearwater. \' e: PRo Se""O SE C.t..A&)~IC. CAfl D AL..6".R n'El..l\~r 14€A.V\\...Y oN TovR,S'1' mA":~\c. ~lC..l-\' ONL..Y c,c:.c..uRr ON 1YtAJIJv..- A\ti'ertl AL~ SULI~ A.f c;.lJU: 'I" r;~y. C <;EE. ~t.:r"T~ 'F~ Afl..V\,()A 1'Z€Al..'T.Y) / 6. The development of the parcel proposed for development as a comprehensive intill redevelopment project will upgrade the immediate vicinity of the parcel proposed for development. <"7 1l-lE" ~€~()Vi\\IOt-JS T() -rl-H! A,rrtl'-JG- <)it1Uc..TVn.€ A.l...of\.lCr Wli\4 PRoPClre:o L..A~r?~C.A()INc.r 1~?~ClVE:ME.AJTr W/L..l- f. N 1-1 A ~ Co'- ".1/ f Parr..1 O~ o"F 11-1 E G-u L 1= 10 t; A Y (.c,1l fl.1 00 It . t>e.VE.\...uPMf.NI WI....L. PL.,,)' A. fZ,Qt...E. I)..) tHe. --1' rt () PE ft-f1 E. ~ iN II H I JJ llo-l ~ V I (. I N \...,. Y ~ 'F TI-1 d 7. The design of the proposed comprehensive infill redevelopment project creates a form and function that enhances the community character of the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. -,.. t I H \ J P~'PO<;EY.) R.e.Vr,..Al-.\"l.AT\O)J o'F 5 rTE: . 8. Flexibility in regard to lot width, required setbacks, height and off-street parking are justified by the benefits to community character and the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. A n _ ~E OtJc.. \1 o}..) It..) C::;€:i'~A...L.\L( & ~UFF€n.nJCr ARt! 1Zc:G?lJ~s-r€r) A.S NEc.eS$ArLY TD ACc.(Jf-to .A1f U,II-rtA71()j.J of AI-J 0(,1') riItIJC;1'vtZE AI-:JO 51-r€ OEVE:LOr"tfl? YEAI1S' A~(). 9. Adequate off-street parking in the immediate vicinity according to the shared parking formula in Division 14 of Article 3 will be available to avoid on-street parking in the immediate vicinity of parcel proposed for development. Ao €C!l UAiE: ?ARl'-INC( E>'.\ CiTI ON 11--1 I r <) ITE.. 1\.10 CJt--l ~-rnEE:.'"f t"A.RKll~ 4-- ~1-4 At..\.... J1f Re.oUtrt€O 10. The design of all buildings complies with the Tourist District or Downtown District design guidelines in Division 5 of Article 3 (as applicable). Use separate sheets as necessary. NIp. , Page 3 of 6 - Aexible Development Application - Comprehensive Infill Redevelopment Project- City of Clearwater E. SUPPLEMENTAL SUBMITTAL IREMENTS: (Section 4-202.A) '\w SIGNED AND SEALED SURVEY (including dimensions of property) - One original and 12 copies; ~~COPY OF RECORDED PLAT, as applicable; Oi/APRELlMINARY PLAT, as required; LOCATION MAP OF THE PROPERTY; Of TREE SURVEY (including existing trees on site and within 25' of the adjacent site, by species, size (DBH 4" or greater), and location, N k including drip lines and indicating trees to be removed); GRADING PLAN, as applicable SITE PLAN SUBMITTAL REQUIREMENTS: (Section 4-202.A) SITE PLAN with the following information (not to exceed 24" x 36"): All dimensions; North arrow; Engineering bar scale (minimum scale one inch equals 50 feet), and date prepared; Location map; Index sheet referencing individual sheets included in package; Footprint and size of all EXISTING buildings and structures; Footprint and size of all PROPOSED buildings and structures; All required setbacks; All existing and proposed points of access; All required sight triangles; Identification of environmentally unique areas, such as watercourses, wetlands, tree masses, and specimen trees, including description and location of understory, ground cover vegetation and wildlife habitats, etc; Location of all public and private easements; Location of all street rights-of-way within and adjacent to the site; Location of existing public and private utilities, including fire hydrants, storm and sanitary sewer lines, manholes and lift stations, gas and water lines; All parking spaces, driveways, loading areas and vehicular use areas, including handicapped spaces; Depiction by shading or crosshatching of all required parking lot interior landscaped areas; Location of all refuse collection facilities and enclosures (minimum 12'x10' clear space); Location of all landscape material; Location of all jurisdictional lines adjacent to wetlands; Location of all onsite and offsite storm-water management facilities; Location of all outdoor lighting fixtures; and Location of all existing and proposed sidewalks o 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 and 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 ~~~Ioor area ratio (FAR.) for all nonresidential uses @ REDUCED SITE PLAN to scale (a Yo X 11) and color rendering if possible 9 FOR DEVELOPMENTS OVER ONE ACRE, provide the following additional information on site plan: NJ..lL- 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 a" DBH or greater, reflecting size, canopy (drip lines) and condition of such trees ~ ~ ~ Page 4 of 6 - Flexible Development Application - Comprehensive Infill Redevelopment Project- City of Clearwater ~ G. LANDSCAPING PLAN SUBMITT EQUIREMENTS: (Section 4-11 02.A) ~ ~/~ '\L "'L ~/k '" '" "" ~/~ LANDSCAPE PLAN: All existing and proposed structures; Names of abutting streets; Drainage and retention areas including swales, side slopes and bottom elevations; Delineation and dimensions of all required perimeter landscape buffers; Sight visibility triangles; Delineation and dimensions of all parking areas including landscaping islands and curbing; Proposed and required parking spaces; Existing trees on-site and immediately adjacent to the site, by species, size and locations, including dripline (as indicated on required tree survey); Location, size, description, specifications and quantities of all existing and proposed landscape materials, including botanical and common names; Typical planting details for trees, palms, shrubs and ground cover plants including instructions, soil mixes, backfilling, mulching and protective measures; Interior landscaping areas hatched and/or shaded and labeled and interior landscape coverage, expressing in both square feet and percentage covered; Conditions of a previous development approval (e.g. conditions imposed by the Community Development Board); Irrigation notes REDUCED LANDSCAPE PLAN to scale (8 Yo X 11) (color rendering if possible) IRRIGATION PLAN (required for Level Two and Three applications) COMPREHENSIVE LANDSCAPE PROGRAM application, as applicable H. STORMWATER PLAN SUBMITTAL REQUIREMENTS: (City of Clearwater Design Criteria Manual and 4-202.A.21 ) ~ ~ ~ J (1\ I ~/1\ ~ Dwf~ STORMWATER PLAN including the following requirements: Existing topography extending 50 feet beyond all property lines; Proposed grading including finished floor elevations of all structures; All adjacent streets and municipal storm systems; Proposed stormwater detention/retention area including top of bank, toe of slope and outlet control structure; Stormwater calculations for attenuation and water quality; Signature of Florida registered Professional Engineer on all plans and calculations COPY OF PERMIT INQUIRY LETTER OR SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (SWFWMD) PERMIT SUBMITTAL (SWFWMD approval is required prior to issuance of City Building Permit), if applicable COPY OF STATE AND COUNTY STORMWATER SYSTEM TIE-IN PERMIT APPLICATIONS, if applicable ~ ~ I. BUILDING ELEVATION PLAN SUBMITTAL REQUIREMENTS: (Section 4-202.A.23) Required in the event the application includes a development where design standards are in issue (e.g. Tourist and Downtown Districts) or as part of a Comprehensive Infill Redevelopment Project or a Residentiallnfill Project. BUILDING ELEVATION DRAWINGS - all sides of all buildings including height dimensions, colors and materials REDUCED BUILDING ELEVATIONS - four sides of building with colors and materials to scale (8 Y. X 11) (black and white and color rendering, if possible) as required J. SIGNAGE: (Section 4-202.A.16) ~ Comprehensive Sign Program application, as applicable (separate application and fee required) Reduced signage proposal (8 Yo X 11) (color), if submitting Comprehensive Sign Program application K. TRAFFIC IMPACT STUDY: (Section 4-202.A.13 and 4-801.C) o Include as required if proposed development will degrade the acceptable level of service for any roadway as adopted in the Comprehensive Plan. t-t jl. Trip generation shall be based on the most recent edition of the Institute of Transportation Engineer's Trip General Manual. Refer to Section 4-801 C of the Community Development Code for exceptions to this requirement. Page 5 of 6 - Flexible Development Application - Comprehensive Infill Redevelopment Project- City of Clearwater II I, . . Commercial Division ~ARVIDA --' Realty Services March 19, 2002 Mark Perry, Senior Planner City of Clearwater Planning Department 100 S. Myrtle Avenue Clearwater, FL 33758 RE: 1751 GULF TO BAY BLVD CLEARWATER, FLORIDA Dear Mr. Perry: I am the Florida Commercial Director for Arvida Realty Services which has our corporate offices located here in Clearwater. We have 110 offices located in the state of Florida with 3,500 licensed sales professionals and 800 employees affiliated with the company. Arvida Realty Services is Florida's largest independent real estate brokerage firm and the 5th largest in the nation. We are owned by the St. Joe Company, a publicly held company based in Jacksonville and Florida's largest real estate operating company. My specific office is located at 1988 Gulf to Bay Blvd. where I supervise 400 commercial associates throughout our system. In a former career, I was the Chief Executive Officer of the Greater Clearwater Chamber of Commerce from 1974 to 1981 and am quite familiar with our city and its commercial components. With the exception of one Gulf to Bay property that is in excess of$I,OOO,OOO more expensive than the property located at 175 f Gulf to Bay, I am not aware of any property within the buyer's price range that meets the needed visibility and traffic counts identified by Peter Gianfilippo for his intended use. JAP/jdf paryllr 1988 Gulf-to-Bay Boulevard, Clearwater, FL 33765 Bus 727 461-6111 Fax 727 461-4145 a SIJOE company NYSE: JOE Kev. Scherer 727-14-7016 p. 1 FLORIDA ENGINEERING CONSULTANTS 2815 Kavalier Drive Palm Harbor, Florida 34684 Phone: (727) 458-7769 Fax: (7\~~~_~~__ \" ~ \ \ \ \\~\ May 3,2002 Mr. Wayne Wells City of Clearwater 100 S. Myrtle Ave. Clearwater, Florida 33758 Re: Peter Gianfilippo Proposed P.J.'S Auto World 1751 Gulfto Bay Blvd. Clearwater, Florida Dear Mr. Wells, I have spoken to Mr. GianFilippo regarding his proposed use of this existing site and reduction of required parking from the code requirements. His business of selling classic cars is achieved primarily by use of the internet. These buyers are from all over the world and generally know what they are looking for. His existing store on Cleveland Avenue in Clearwater generates a low volume of actual physical traffic, with as little as 10 to 15 people per day visiting the store. Usually these are tourists who see the cars and stop to window shop fOf average period of under 20 minutes. We are quite confident that the parking is adequate for this new showroom location. If you have any questions please do not hesitate to contact me at (727) 458-7769. Sincerely, f4~ Kevin Scherer .. . ~'ld'xJJr (1) 1'f1>1~1~tI ~~ t1J1~ (0) · f/Pf-f-F1T ro ro-rr.>ritt E;A<.oT ~ W < t&r~~60 / Pro.. . ~~1'"' (12.) PPll'l"ftl.9 ____~_ GULF TO BAY BLVD. ~ 1I?tA~~, (4 ) r~ ~;@ ~jf"Irr:I?'~ u_ R~E~ GREGG ARC HI TEe T U R E II - (, . 2963 Gull To Bay Boulevard, Suite 220 ~ ~f;~ " rp Clearwater, fl33759 . 727.796.8774 . 727.791.6942 fax .. 1i11 GULF TO BAY BLto. ;q-Il-oZ- f ,~ ~" 0/ o . I j. ' .! :' .1 ,\\\ L ~ OB 1) ~ 5 . , : ~.; t,: ..:J..-~ ! t~ ">,, I >~ .~ ~~' ~1\c. ,~ ,~~ -, " /")- ~~ ..~ ~ ! \ 1 ,I ! i ~: ; ~ Iii .\-: I i ~I .-11 ,~l '\Sj , ; I " '. ~ ~ ~ m. s ... ! ~ ~ 7L !::l 'Cj: 'i Cj= ~ rTl~ ::: ~ ~ ~: ~ ,0: d~~~ ~~ ~ ~:~~ ..G11~ f ,R- ~' t:/ o j, " .1 .nu ! i ',' r . ' ~ " ,Ou TS . ~:.! ~ ' ~:~ ~~ ":;>,' i >lr ~~~ , l.\:.. ~ ,~:J - \) ~~ ~L ..~ ~ ! \ ~ I I ; I I: ~! I . I : Ii t . \-~ I i ~I ....li ,~I ;~ : I .. ~ ~ - ~" ~ ~ ~ ""::E. !::l ,r M=~ V i ,0= ~ ~: ~ ,0: '~x~ :~ ~ ~: ;I~~ . .'. -== lit-Hill! ; .J:l 13 I II II ."! i t tt 'IT ~- i- S 1 ~ ~ ~. j _no' .' , I I . I ! . i I j. I I. I r. I I I \ , : i --_. I " i , i ! . ~ s:J1' .! i ',' " L i I ,,~:.,,;"~"+ . . . 1 ': '. r . ' I .. 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I, t. . i 1 ; , J I ~ , . i f s:Jl.: I ~.~ t?'~ .~~ ~:.,',:"\l', : '~ ; . . i :,1\L . . ,.j ,~~ ~,'J . , . ~~ :~L \ -Cj: Cj~ ~>- ~: 'Cj: a III .'\(\ <::) >< .fE c-..J ~ :: :::: c-..J r-- <; .... r-- :;;;; .g r- ,....: . t ~ => Ln r-- .,..." .,..." ~ ...... . , ~- '" $. ..... ~ m = cO::> ~ s 'S ~ -= "" =- ",. -= <=> = ~ = .== -= "" ~ c-..J e=:: ~ ~ ....~ '-.' .. ,;'" e . Din";~~~.-"".:i\. ~ : 1'''''''""''l )9/~4/2002 00:33 ~9/24/20e2 1~:58 , 7274413E09 . DAVIS CONSTRUCTION .. PAGE NO.E>56 02 171212 .'-, Frazer C) Hubbard' ?,.JJrandt \f) Trask L.L.P. Attorneys At Law September :~:4, 2002 Cyndi Tarapdni Administnltot, Pli!!nnlng Division CIty of Clearwater Clearwater I FlorIda 'J Re: Demolition and Building Permit AppNcent PJ's Allto World Propel'ty Location: 1751 GU'f-to-Siy Blvd. Clearwater, Flortda ~ )z..tl 0 L.. ? U- Cyil" -, . _ No ,e-rv-~1- v'"'~) b~\b4~d \:) '\.1\. C. ~ ,.. k..",C.L . W\J JOHN G, lfl.lB8A.RD M.fWt~ BJWftn' . 'rIfOM.U ]. '1'IWk . · Rlat:.\llDA..u.mcM'DU LYNN A.11lAtJBR Dear Ms. Tarcapani: I represent thl~ above referenced Company. PJ's A~o World wIshes to demorlSh a 'structure on fts properly and build new improvements, I have .been . Informed that the City Of Clearwater has not granted a demolition or building permit because of a billboard on the subject site. . . . My.client has !:,lven notice to the billboard company that Its month-to-month lease Is being terminated. Linder that lease, the billboard company, Viac:om, h~s untfl November 16, to remove Its bflltloard. A copy of the letter sent certified to V1acom is attached. Also attached is a COpy of thlt green card acknOWledgIng receipt of the letter of termination. My client has worked In good faith to try and comply wIth the city requirements so that it I2n obtain a demolition permit and a building pennlt. If PJ's Auto World Is required to wait until the blllboard Isactualfy tc;lm down, then It WIll suffer substantial and irreparable economic damage. If th!~ city wishes to hokt up on a certificab! of occupancy or have SQme other recoursff in the event the sign does not come down, then that would certainly be agreeable. However it Is Vi'!ry Impartc1nt that my client be allowed to start its demolition work and the reconstruction work as soon as possible. If you have any questions or concerns regarding this letter, please advise. .Sincerely. "" ~~~RASKLLP. Mark W. Brandt MW8lmwt c:c: P)'s Auto Won' l.\l)~ C)ffkl: /l,)r II ~Il ,~~ MlIil Sfte~l DJI1c:Uin. FI<lCil.lll j4<i9K Te~pholl" '27-?3.H)49-i ~~ll 127.734-:)581 -Fu -r--~;..~;:~ " t./mltt:d Lj'{lbf/j~y flWmlcll'ibtp ~9/24/2002 00:33 ~9/24/2e~2 1~:58 I .1 FrazeJ" Hubbard!. F~randl ~ Trask L. L. P. ^ttotn~ At Law 7274413E09 . DAVIS CONSTRUCTION . PAGE 03 NO.55b Vl:13 r"--' 1\ ) '-/ ,'-" I \c,,..! JOHl'iG.fttla\IJJ MMK.1ICANDf · 'J'ffOWAt J.11Wk 'IlCILUtDA.~ Ll'NN A. BaAVD FAX (813)886,,8744 . September] 7, 2002 .loeLittle Viacom Outduor 6904 ~pre~ Park Drive Tampa, Florlcla 33634-4462 Re: Blllboa"d on Gulf to Bay Blvd. aearwi~ter, Florida Properl:y Owner PJ's Au~o World, enc. Dear Mr. littlE: You and r hcwe spoken several times regarding your companys billboard on propertY recently purch.:lsect by mv client located at 1751 Gulf to Bay Blvd., Clearwater, Florida. As you are aware" the City of Clearwitter Is refusing to give my dlent any types of buildIng permit for derTlolltion and rehabilitation of the subject property as long as your. billboard remains. We t:lave asked Viacom to clear up thIs matter with the cIty. However the city IS refusing to ''Jive my client the permit It needs because your billboard has not been removed. This letter will therefore serve as notice that PJ1s Auto World is terminating the lease agreem@nt thai it has wlt~ VIaCQm ~fftl!qjye 60 days from the date of thIs letter pursuant to the letter mOllth-to-month lease agreement between my client's prede<<;es50r-;n-title and YOur company',!; predeces:Sior as lessee. I have prEMou!ily sent to yoU I copy ofthat letter agrE!ement. 1"1' ()fIi..:~ II"" II -/'I ~'I~ ,\I~, , 'ilr<;<;( Ih"w,t"1, I't.orl,l., .'1M~ 1i:1~ph'If"': 7' J-:-..,..\~"j.i\l~ ~~ "J;-:;"H'?~HI .1 I,illl/fllil 1.114/lllJly A,,'tfl4'rJlJ.lI/1 ~~!t .2,- --'( i..:",' ~9';24/2BB2 BB: 33 727441~9 B9/24/2la(;l:2 10: 58 . DAVIS CONSTRUCTION e PAGE B4 NO.o::'b l,II:l4 ;"'-"\ '-.../ "-'. (~-~) Joe LIttle Viacom Outdoor Page Two September,,17, 2002 You need to remove all gf the bllboerd structure, Induellng supports and any 8f1dllary Ind appurtenant equipment, fIXtures, structures and c:omponents for the bJDboafd no later than Ncwember 1', 2002. Please make Immediate afrangements with Peter Gla"""ppo of PJ's Auto World to begin removal of tile blllboe,d. SIncerely, FRAZER, HUI:JBARD, B~l i TRASK L.LP. /t1/W'~ .. Mark W. Brallldt MWB/mwI ee: 'J's Ai!to World fhier. Huhb:ml, Brandt ~ Tr:l.5k ~9!24/2002 00:33 0;1/24/2002 10;58 72744131209 . DAVIS CONSTRUCTION e PAGE 05 l'tU.O....)t.:1 IItJ--..I " " \-") ,'...'..... ~~, . 1~_1fl\..S._~ ittm "If~. DeIMIy i. Mrea. . I~nt ~ nlUlW .., ___ 01\ ......... 110 "'* W. -' ~ itl. Mia )'011. . .'ftIoh U111 ~ .., tM bIl* _lie ftlIIlp*., ')f'.on III ~ if.....-mM. 1. /~AddoInUl't1l; .J oe- l:tH e.. Vi Ac:.oM Ct.....+doe 12.. ,o~()4.CUp~~ The.k ~ l"AMPA.\~' ~S~q..- .. . 44~~ · " a.w. ~plI JIICGrtftIlI Milil 0 Ex,... MIll t:t ~ A:I ~~l fo(~,... C "... ..... C 0.0,1). . 4.~~"'F.wl ~_ 7QOa oa~o ODDS !718 771~ ~ "Il\jfft'" 10111WHi,'54t . UNITED STAT" ~08"AL SERvICE III , J fI'ItIt.a.. Mail ~4 Pees P.1d PmnllNa~ G-10 · Sender' PIeIIM 't . pnn your ".me, addren. and ZlP+4 in ,,,,, bole . ~WZIE.~w V 14C~n.-r/IVlA ~~~24/2002 00:33 7274413E09 . DAVIS CONSTRUCTION . PAGE 01 "FAX I Date 9/24/02 I Number of pages including cover sheet 5 TO Wayne Wells City of C'~arw;ater Senior Planne r FROM: Tony Davis Davis Exoavating Inc. 1583 S- Greenwood Ave. Clearwater, Florida 33756 Phone Fax Phone 562-~r.504 562-4576 Phone 727-443-6030 Fax Phone 727-441-3009 cc: REMARKS: o Urgent I2:l For your review rEI Reply ASAP 0 Please Comment RE: 1751 Gulfto Bc'.y Blvd. Peter Gianfilippo of PJ's Autcl World I pending demolition and building permit : Mr. Wells, Please find copies of letters from Mr. Gianfilippo's attorney, Mr. Brandt. These show clearly that is the intention of Mr. Giunfilippo to have the sign removed. This should clear up the issue that is preventing Davis Construction Company from obtaining the necessary permits. If you need the original letters to help expedite the situation, p'~~se let me know. Thank you for your considercltion, T any Davis ".'CTT,,, JJ'~f. ~ LOF rill........ ,\:-\ 1)~m, ~~ ,'~'" .-..,:.....~':. ~C::i~ \1, ~~ ~.. ,.. :''r\~/flJn ~ .. ...~~---~~; .-:::;. ';. === ~~ "1"'". - ;::::;. -:.?.A'..... - ~~~"i -~~;'m....~~\' #"...,~l~~'"" e e CITY OF CLEARWATER POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748 Ow HALL, 112 SOUTH OSCEOlA AVE:'<UE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4010 FAX (727) 562-4021 Ow ATIOR.'iEY'S OFFICE June 20, 2002 RECEIVED JUN 2 0 2002 PLANNING & IJEVELOPMENT SERVICES CITY OF CLEAJ-?WATER VIA FACSIMILE 784-7016 and Regular U.S. Mail Mr. Kevin Scherer Florida Coastal Engineering, Inc. 2815 Kavalier Drive Palm Harbor, FL 34684 Re: PJ's Auto World, 1751 Gulf-to-Bay Boulevard FL 02-03-07 Dear Mr. Scherer: I received your voicemail and fax requesting clarification of Condition #5 of the Development Order in Case No. FL 02-03-07, 1751 Gulf-to-Bay Boulevard. The billboard located on the property is considered by the City to be an illegal sign, pursuant to amortization proceedings begun in 1985, and has been found in violation of City Code by the Municipal Code Enforcement Board. The City therefore requires that it be removed or that compliance be had prior to the issuance of any building permits under the Development Order. This has been the City's consistent position with regard to development on all parcels on which illegal billboard exist. Records obtained by the City in litigation indicate that the current lease between National AdvertisingNiacom and PJ's Auto World is on a month-to-month basis. In National Advertisinq Company v. City of Clearwater, Pinellas County Case No. 00- 003844-CI-11, pending in Circuit Court, the billboard company is challenging various aspects of the City's sign code and amortization program. The case is to be set for trial sometime prior to September 30, 2002. I would anticipate appellate proceedings following any Final Judgment. Settlement discussions between the parties have not been productive. BRIAN J. AUN(;ST, MAYOR-COMMISSIONER WHIT1'EY GRAY, VICE MAYOR-CO~lMISSIONER HoYr HAM I I.TON, COM~lISSI01'ER FRANK HIBBARD. COMMISSIONER * BII.I.J01'SON, CO.\1.\IISSIONER "EQUAl. E.\lPl.OYMENT AND AFFIRMATIVE ACTION EMPl.OYER" .. e e Mr. Kevin Scherer Florida Coastal Engineering, Inc. Page Two June 20, 2002 In sum, the City must insist upon performance of the subject Condition #5 prior to any building permit issuance. Very truly yours, ;5r~1/vj- Bryan D. Ruff Assistant City Attorney BDR/grh Cc: Cyndi Tarpani, Planning Director Kevin Garriott, Chief Building Official LL . o >- f- - U FAX COVER MEMO CITY OF CLEARWATER PLANNING DEPARTMENT 100 S. MYRTLE AVE. CLEARW A TER, FL 33756 (727) 562-4567 FAX: (727) 562-4865 TO: \)~'It\ ~i FAX: .. 7 ~ '7 - '3 I ~ ) Phone: 72-v'" 4 7~ 7 FROM: W~~\J~\ \S Phone:~~z.~r1)+ DATE:c- -.1f1.uJQl. RE: /7-f"1 GIIH J.. E~ MESSAGE: C V 6 ~ f'4"~ J It ft-v NUMBER OF PAGES(INCLUDING THIS PAGE) 4- .. . . . . 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) 562-4576 LONG RANGE PLANNING DEVELOPMENT REvIEW June 6, 2002 Mr. Kevin Scherer 2815 Kavalier Drive Palm Harbor, FL 34684 RE: Development Order regarding Case FL 02-03-07 at 1751 Gulf to Bay Boulevard (PI's Auto World) Dear Mr. Scherer: This letter constitutes a Development Order pursuant to Section 4-206.D.6 of the Community Development Code. On May 21, 2002, the Community Development Board reviewed your application for Flexible Development approval to: (1) permit vehicle sales and display in the Commercial District adj acent to residentially zoned property with outdoor display of vehicles; (2) reduce the minimum lot area from 40,000 square feet to 25,087 square feet, (3) reduce the minimum lot width from 200 feet to 135 feet, (4) reduce the front (north) setback along Gulf to Bay Boulevard from 25 feet to 15 feet to pavement, (5) reduce the front (east) setback along Phoenix Avenue from 25 feet to one foot to existing building and to 10 feet to pavement, (6) reduce the side (south) setback from 10 feet to zero feet to dumpster and to five feet to building and pavement, (7) reduce the side (west) setback from 10 feet to five feet to building and pavement, (8) increase the gross floor area of an existing, accessory dwelling from 25 percent (1,534 square feet) to 30.4 percent (1,868 square feet) of the principal use, and (9) reduce the required number of parking spaces from 17 spaces to 12 spaces, as part of a Comprehensive Infill Redevelopment Project under the provisions of Section 2-704.B, with a Comprehensive Landscape Program under the provisions of Section 3-1202. The proposal is to redevelop the buildings and site for PI's Auto World, including the outdoor and indoor display and sales of vehicles. The Community Development Board (CDB) APPROVED the application with the following bases and conditions: Bases for Approval: 1. The proposal complies with the Flexible Development criteria as a Comprehensive rnfill Redevelopment Project per Section 2-704.B. 2. The proposal complies with the Flexible Development criteria as a Comprehensive Landscape Program under the provisions of Section 3-1202.G. 3. The proposal is in compliance with other standards in the Code including the General Applicability Criteria per Section 3-913. 4. The development is compatible with the surrounding area and will enhance other redevelopment efforts. BRIAN J. AUNGST, MAYOR-COMMISSIONER ED HART, VICE MAYOR-COMMISSIONER WHITNEY GRAY, COMMISSIONER HoYT HAMILTON, COMMISSIONER * BIUJONSON, COMMISSIONER "EQUAL EMPLOYMENT AND AFFIRMATNE ACTION EMPLOYER" . . June 6, 2002 Scherer - Page 2 Conditions of Approval: 1. That the vehicle display and sales be limited to classic, older cars and any change in the type of vehicle sales be evaluated for complementary operational characteristic and parking demand, and may require approval by the Community Development Board (CDB); 2. That outdoor vehicle display not encroach into any customer or employee parking space, drive aisles or greenspace area and be confined to the northernmost, angled parking area; 3. That the on-loading or off-loading of vehicles from any transport vehicle occur on-site and not within any abutting right-of-way; 4. That appropriate signage acceptable to the Traffic Operations Division be installed for the entrance-only northern driveway on Phoenix Avenue; 5. That no building permit be issued until the billboard is removed or compliance is achieved with all applicable sign ordinances; 6. That signage be architecturally integrated into the design of the site and building and meet Code (limited to a maximum of two freestanding signs with a total maximum sign area of 20 square feet, a maximum attached signage of 20 square feet, and a maximum window signage of eight square feet per window, not to exceed a cumulative of24 square feet); 7. That the design of the buildings be consistent with the conceptual elevations submitted to, or as modified by the CDB, and that color of the buildings be one of the two submitted color schemes, or as changed and acceptable to Staff; 8. That no outdoor loud speaker/public address or phone ringer system be permitted; 9. That the accessory building not be used, leased or rented separately from the principal use and not used as a dwelling; 10. That a City right-of-way permit be obtained for the awning and landscaping along Phoenix Avenue; and 11. That the landscape plan be amended to include additional plantings along Phoenix Avenue in the sight triangles, including jasmine and sable palms (with a clear trunk of 10 feet), to the satisfaction of Staff, prior to the issuance of any permits. Pursuant to Section 4-407, an application for a building permit shall be made within one year of Flexible Development approval (May 21, 2003). All required certificates of occupancy shall be obtained within one year of the date of issuance of the building permit. Time frames do not change with successive owners. The Community Development Board may grant an extension of time for a period not to exceed one year and only within the original period of validity. Please be aware that 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. In addition, please be aware that an appeal of a Level Two approval (Flexible Development) may be initiated by a property owner abutting the property which is the subject of the approval within 14 days of the date of the CDB decision. The filing of an application/notice of appeal shall stay the . . , . June 6, 2002 Scherer - Page 3 effect of the decision pending the final determination of the case. The appeal period for your case expired on June 4, 2002. If you have any questions, please do not hesitate to call Wayne M. Wells, AICP, Senior Planner, at 727 -562-4504. ~.. rM1/ Carlen Peterson, Chairperson Y II Y Community Development Board cc. Peter Gianfilippo, applicant/owners Robert Gregg, Architect S:\Planning Department\C D B\Flex\Innactive or Finished Applications\Gulf to Bay 1751 Gianfilippo - Approved\Gulf to Bay 1751 Development Order.doc . . P .J.'S AUTO WORLD INC. ---.. 1370 Cleveland Street t CLEARWATER, FL 33755 t U.S.A. Phone (727) 461-4900 t Fax (727) 447-8900 t Email P JAUTO@aol.com City of Clearwater Florida Planning Dept. 100 South Myrtle Ave. Clearwater, Florida 33756 To: Mr. Wayne Well Senior Planner Re: Property application for DRC approval and building permits. Re: Billboard at 1751 Gulf to Bay I would first like to say we totally support the city's plan and development to make Gulfto Bay a Scenic corridor. As a Clearwater businessman for over twenty (20) years, I have and will continue to support the city's efforts to improve the business areas of downtown Clearwater. Upon approval of our DRC application and building permits we intend to co-operate fully with The city staff, in whatever regulations are approved for outdoor advertising, and further agree not to Challenge any and all decisions made by the city for billboards or their removal. As we assume ownership of property, and a lease agreement for the sign from the Ace Liquor Stores and Vicom Sign Co. we hope for a quick & speedy settlement to this problem by all parties, for the best interest ofthe city of Clearwater. Since,relY, ,/ ,,' " / ~~ // / /;/ /" / ,//' / 7' /" "/'~/// - . -------- - J7f~/~4~ ~~/ " / {/ Peter GianfIlippo, ./ / Owner . . LL o >- f- u FAX COVER MEMO CITY OF CLEARW A TER PLANNING DEPARTMENT 100 S. MYRTLE AVE., 2nd Floor CLEARWATER, FL 33756 (727) 562-4567 FAX: (727) 562-4865 TO: Kevin Scherer FAX: 784-7016 Phone: FROM: Ci ty of Clearwater Phone: DATE: 5-13-02 SUBJECT: Strlff Rppnrt MESSAGE: For your records NUMBER OF PAGES(INCLUDING THIS PAGE) 12 \ i. RANSMISSION VERIFICATION REPORT X(l- 0 ~- D~-()1 TIME NAME FAX TEL 05/13/2002 14:13 PLAN 7275524575 7275524557 DATE, TIME FAX NO./NAME DURATION PAGE(S) RESULT MODE 05/13 14:05 97847015 00:07:59 12 OK STANDARD ECM . . CDB Meeting Date: May 21,2002 Case Number: FL 02-03-07 Agenda Item: El CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT OWNER/APPLICANT: Peter Gianfilippo LOCATION: 1751 Gulf to Bay Boulevard REQUEST: Flexible Development request to: (1) permit vehicle sales and display in the Commercial District adjacent to residentially zoned property with outdoor display of vehicles; (2) reduce the minimum lot area from 40,000 square feet to 25,087 square feet, (3) reduce the minimum lot width from 200 feet to 135 feet, (4) reduce the front (north) setback along Gulf to Bay Boulevard from 25 feet to 15 feet to pavement, (5) reduce the front (east) setback along Phoenix Ave- nue from 25 feet to one foot to existing building and to 10 feet to pavement, (6) reduce the side (south) setback from 10 feet to zero feet to dumpster and to five feet to building and pavement, (7) re- duce the side (west) setback from 10 feet to five feet to building and pavement, (8) increase the gross floor area of an existing, accessory dwelling from 25 percent (1,534 square feet) to 30.4 percent (1,868 square feet) of the principal use, and (9) reduce the required number of parking spaces from 17 spaces to 12 spaces, as part of a Compre- hensive Infill Redevelopment Project under the provisions of Sec- tion 2-704.B, with a Comprehensive Landscape Program under the provisions of Section 3-1202. PLANS REVIEWED: Site plan submitted by Kevin Scherer and Robert Gregg SITE INFORMATION: PROPERTY SIZE: 0.575 acres; 25,087 square feet DIMENSIONS OF SITE: 135 feet of width along Gulf to Bay Boulevard by 182.5 feet of depth along Phoenix Avenue PROPERTY USE: Current Use: Proposed Use: Retail sales and service (closed - Ace Liquors) Vehicle display and sales (with indoor and outdoor display) Page 1 . . PLAN CATEGORY: CG, Commercial General Classification ZONING DISTRICT: C, Commercial District ADJACENT LAND USES: North: Church and motel West: Motel East: Automobile service station and multi-family residential South: Single-family dwelling CHARACTER OF THE IMMEDIATE VICINITY: Nonresidential uses dominate Gulf to Bay Boulevard, while residential uses are located to the south. ANALYSIS: The rectangular site is 0.575 acres located at the southwest comer of Gulf to Bay Boulevard and Phoenix Avenue, approximately 600 feet west of Keene Road. The site has been developed commercially in the past for the retail sales of alcoholic beverages (Ace Liquor). The building has been vacant for at least a year. There is a second-floor, 1,868 square-foot, accessory dwelling on the south side of the main building. A two-story accessory building is located in the southwest comer of the site with a ground-floor garage and a second-floor apartment. The existing site is almost completely covered by impervious surfaces. Adjacent land uses fronting on either side of Gulf to Bay Boulevard are nonresidential and primarily commercial in character. An automobile service station exists to the east, a motel to both the west and northwest and a church directly north across Gulf to Bay Boulevard. Properties to the south are zoned for and developed with residential uses. A single-family detached dwelling is directly adjacent to the south, with a multi-family building to the southeast. The applicant seeks to redevelop the property to permit a classic car sales establishment (PI's Auto W orId), a use permitted as Flexible Standard and Flexible Development uses in the Commercial District. The request for this use, however, is being processed as a Comprehensive Infill Redevelopment Project due to necessary deviations from the standards and criteria for this use. The principal building is 6,138 square feet on the ground floor, with the 1,868 square feet accessory dwelling on the second floor. The existing commercial building is basically square- shaped and windowless. The applicant proposes to create windows on the ground floor commercial area to permit views of the vehicles displayed indoors. The fayade of the building will be significantly improved through the installation of the windows, stucco wall finish, canvas awnings over the storefront windows and the construction of parapets to hide rooftop air condensers. These parapets will also help mask the second-floor accessory dwelling from view from Gulf to Bay Boulevard. Indoor vehicle display of 4,620 square feet is proposed, with the floor area balance being for offices and vehicle detailing. There is no vehicle repair proposed at this location. The color of the buildings need to be one of the two submitted color schemes (soft pink or soft peach) or a color scheme changed and acceptable to Staff. Page 2 . . The proposal includes retaining the existing second-floor, accessory dwelling. It is 30.4 percent of the principal use floor area, which exceeds the current Code limitation of 25 percent. By virtue of being on-site, this dwelling will help provide security for the premises. The accessory dwelling will be repainted to match the rest of the building. The site design eliminates a driveway on Gulf to Bay Boulevard, which will bring the site into conformance with a Flexible Development criteria for vehicle display and sales that requires frontage on, but no access to, a major arterial. The proposal includes the removal of pavement along Gulf to Bay Boulevard to create a IS-foot wide landscape area with tiered landscaping, enhanced with trees and ground cover, adjacent to the angled outdoor vehicle display area. The two driveways on Phoenix Avenue will be defined through the elimination of pavement both on- site and in the right-of-way. The northern driveway will be directional as an entrance-only access point, which is preferred due to its proximity to the intersection with Gulf to Bay Boulevard. Appropriate signage will need to be installed for this directional traffic flow. The proposal includes a setback reduction from 10 feet to five feet to pavement and building along the south property line, and a six-foot high wood fence, hedge and trees as a buffer. Existing improvements restrict providing the full buffer width. A five-foot wide landscape area will also be created along the west property line. The removal of existing pavement and installation of landscaping will significantly enhance the appearance of this property, furthering redevelopment efforts along Gulf to Bay Boulevard. The proposal includes construction of a sidewalk and installation of trees and other landscaping within the Phoenix Avenue right-of-way, which will help soften the building views. The installation of landscaping within the right-of-way will require a right-of-way use permit. The hours of operation will be normal business day hours, generally Monday through Saturday between 9:00 a.m. and 6:00 p.m. (or 7:00 p.m. during daylight savings days). The proposal includes a reduction in the required amount of parking for the vehicle display and sales from 17 to 12 spaces. There are 2,080 square feet of outdoor vehicle display area and 4,620 square feet of indoor vehicle display area proposed. The applicant has indicated that many of his vehicles are sold over the internet, which reduces the need for on-site parking. Buyers of classic cars are looking at specific vehicles, arrive educated and spend less time on the site. A major reason the applicant has chosen a Gulf to Bay Boulevard location is the construction of the new bridge and rerouting of traffic to Court Street, which will reduce the visibility of his other location at 1370 Cleveland Street. Customers at the subject property will also be directed to the Cleveland Street store. As few as 10 to 15 customers a day are anticipated and many are tourists who spend an average of 20 minutes window-shopping. Delivery of "new" vehicles is usually one at a time. The delivery transport truck will need to be on-site and not within any right-of-way. The total impervious area will be reduced from 98.5 percent to 80.1 percent. With this reduction, the site is exempt from providing on-site stormwater retention. Code requires 10 percent of the vehicular use area to be interior islands to break up the pavement areas. The proposal provides 5.1 percent interior landscaping, which is acceptable under the provisions of a Comprehensive Landscape Program. The dumpster enclosure will be located at the southeast comer of the property, adjacent to the single-family dwelling. The enclosure is angled for ease of truck pickup and set back 12 feet from the Phoenix Avenue property line outside of visibility triangle Page 3 . . requirements. The comer of the enclosure is situated right along the south property line, which is the most optimal for this site. Existing signs on the site include two attached signs on the main building, a freestanding pole sign along Gulf to Bay Boulevard and a freestanding sign (billboard) in the northwest comer of the property. That sign is illegal and the property owner and sign owner have been found in violation of City Sign Code provisions. This billboard will need to be removed or brought into compliance with all applicable sign ordinances prior to the issuance of any building permit for this property. All other existing nonconforming signs will need to be brought into compliance with Code as part of this application. The applicant has proposed modifying the existing pole sign in the northeast comer of the property for the proposed use. The applicant has indicated that the Sign Code will be met. Sign Code provisions will limit the site to a maximum of two freestanding signs with a total sign area of 20 square feet, a maximum attached signage of 20 square feet, and a maximum window signage of eight square feet per window, not to exceed a cumulative of24 square feet. All signs need to be architecturally integrated into the design of the site and building. Should the applicant seek approval of a Comprehensive Sign Program at a later date, Staff would recommend one monument sign along Gulf to Bay Boulevard with sign area meeting Code, a maximum height of eight feet and with a solid base coordinated with the design and color ofthe building. CODE ENFORCEMENT ANALYSIS: The Municipal Code Enforcement Board found the property owner and sign owner in violation of Sign Code provisions for an illegal sign (billboard) on October 6, 2000. The Board required correction within 60 days after the Circuit Court's final judgment is entered or a fine of $250 per day will begin to run and will become a lien on the property. The Circuit Court case for National Advertising Co. v City of Clearwater is scheduled for trial on June 4-6, 2002. The City considers the property to be in violation of the Code of Ordinances. The City's previous Land Development Code required removal of the sign or compliance with Code provisions by January 19, 1996. It is the City's position that the sign became illegal as of that date, and that the previous Code sections carried over into the current Code by virtue of the transitional rules regarding amortization schedules. Legislation enacted in 2001 regarding certain billboards being removed as a condition of development approval and compensation for this is not applicable to the City of Clearwater per a specific exclusion. There is a lease between the property owner and National Advertising which may be cancelable or which may expire. This, however, is a private contractual matter between the two parties. The City has consistently taken the position with regard to other properties with similar illegal signs that no building permits will be issued until the sign is removed or sign compliance is achieved. None of the development proposals on these other properties have been in a posture to appear before the CDB. In order to be consistent with past City actions, the Board should place a condition upon approval that no building permit will be issued unless the existing sign is removed or compliance is met with all applicable sign ordinances. Page 4 . . A. COMPLIANCE WITH MAXIMUM DEVELOPMENT POTENTIAL STANDARD IN THE COMMERCIAL DISTRICT (Section 2-701.1): STANDARD REQUIRED/ EXISTING PROPOSED IN PERMITTED COMPLIANCE? FLOOR AREA 0.55 0.378 0.378 Yes RATIO (FAR) IMPERVIOUS 0.95 0.99 0.812 Yes SURFACE RATIO (ISR) B. FLEXIBLE DEVELOPMENT STANDARDS FOR COMPREHENSIVE INFILL REDEVELOPMENT PROJECTS IN THE COMMERCIAL DISTRICT (Section 2-704): STANDARD PERMITTED/ EXISTING PROPOSED IN REQUIRED COMPLIANCE? LOT AREA N/A 25,087 square 25,087 square Yes (minimum) feet feet LOT WIDTH N/A 135 feet (along 135 feet (along Yes (minimum) Gulf to Bay Gulfto Bay Blvd) Blvd) FRONT N/A North: zero feet North: 15 feet to Yes SETBACK to pavement; 61 pavement; 61 to building; feet to building; East: zero feet to East: 10 feet to pavement; one pavement; one feet to building feet to building REAR N/A N/A N/A N/A SETBACK SIDE N/A South: zero feet South: five feet Yes SETBACK to pavement; to pavement and five feet to building; zero building; feet to dumpster West: zero feet enclosure; to pavement; West: five feet to five feet to pavement and building building HEIGHT N/A 24 feet 24 feet Yes maximum PARKING Determined by 32 spaces 14 spaces total Yes SPACES the Community (12 spaces for minimum Development the vehicle sales; Director based 2 spaces for the on the specific accessory use and! or ITE dwelling) Manual standards Page 5 e . C. FLEXIBILITY CRITERIA FOR COMPREHENSIVE INFILL REDEVELOPMENT PROJECTS IN THE COMMERCIAL DISTRICT (Section 2-704.B): 1. The development or redevelopment of the parcel proposed for development is otherwise impractical without deviations from the use, intensity and development standards. The applicant is requesting to redevelop the subject property for vehicle display and sales, which is permitted as a Flexible Standard and Flexible Development use in the Commercial District. The request is being processed and reviewed as a Comprehensive Infill Redevelopment Project because the site cannot be developed for vehicle display and sales without deviations from the development standards and the Flexible Development criteria. The proposal includes reducing the minimum lot area from 40,000 square feet to 25,087 square feet and reducing the minimum lot width from 200 feet to 135 feet that is required for vehicle display and sales. These deviations requested provide for a smaller lot and smaller vehicle display area, however, the proposal is for the display and sales of classic, older cars on a limited scale. The site plan submitted provides for the outdoor display of only nine cars and 4,620 square feet of indoor display area which complies with the Flexible Development requirement of a minimum building floor area of 4,000 square feet. This site meets the lot area and lot width requirements for many other permitted uses in the Commercial District. The proposal includes a reduction in the required amount of parking for the vehicle display and sales from 17 to 12 spaces. Because many of the vehicles are sold via the internet, many buyers never visit the site, which reduces the need for on-site parking. Buyers of classic, older cars generally arrive educated and spend less time on the property. The applicant has indicated that as few as 10-15 customers a day are anticipated. Two parking spaces will be provided for the accessory dwelling. The site currently is almost entirely covered by impervious surfaces. The location of the existing buildings restricts the abilities to redesign the site for parking and display areas, while meeting parking design requirements. The Code setback requirements are 25-foot front and 10- foot side to building or pavement. Along Gulf to Bay Boulevard 15 feet will be provided, which is the minimum setback for parking lots as a Flexible Development. Pavement is proposed to be removed to varying depths from the Phoenix Avenue frontage to meet site constraints and Code requirements. Due to the location of the existing accessory building, a five-foot wide landscape buffer along the south and west sides of the property is provided. 2. The development of the parcel proposed for development as a Comprehensive Infill Redevelopment Project will not reduce the fair market value of abutting properties. The proposed vehicle display and sales use will help stabilize and enhance property values in the area by providing a redeveloped site and building. The building is presently Page 6 e . vacant, with the property currently assessed at a value of $389,100. With the redevelopment proposal, the assessed valuation is expected to increase to a minimum of approximately $500,000, which should have a beneficial effect on surrounding properties. 3. The uses within the Comprehensive Infill Redevelopment Project are otherwise permitted in the City of Clearwater. The City of Clearwater permits vehicle display and sales uses in the Commercial District as Flexible Standard and Flexible Development uses. 4. The use or mix of uses within the Comprehensive Infill Redevelopment Project is compatible with adjacent land uses. The subject property was developed commercially in the past for retail sales. Adjacent land uses to the east, north and west are nonresidential. Properties to the south and southeast are zoned for and developed with residential uses. The proposal includes the installation of a six-foot high wood fence along the south property line along with landscaping, which will sufficiently buffer the adjacent single-family dwelling. The proposed use should not generate any negative traffic impacts. With the site and building improvements proposed, the project is compatible with adjacent land uses. s. Suitable sites for development or redevelopment of the uses of mix of uses within the Comprehensive Infill Redevelopment Project are not otherwise available in the City of Clearwater. The site has previously been developed for a retail sales establishment. While many sales of vehicle occur utilizing the internet, the applicant asserts that the location of a classic car display and sales establishment relies heavily upon high volume traffic on a major roadway and a highly visible site. A major reason the applicant has chosen a Gulfto Bay Boulevard location is the construction of the new bridge and rerouting of traffic to Court Street, which will reduce the visibility of his other location at 1370 Cleveland Street. While vehicle display area may be limited, the applicant believes this site can provide the necessary attributes for a successful classic car sales establishment within the applicant's price range. Customers will also be directed to the applicant's other classic car store on Cleveland Street. 6. The development of the parcel proposed for development as a Comprehensive Infill Redevelopment Project will upgrade the immediate vicinity of the parcel proposed for development. The proposed redevelopment of this property will benefit the community both functionally and aesthetically. Windows will be added to the building fa9ades facing Gulf to Bay Boulevard and Phoenix Avenue to provide views of vehicles displayed indoors. The fa9ade of the building will be upgraded, presenting a more aesthetically attractive building, including parapet walls to minimize views of the accessory dwelling and roof-top air condensers. The site otherwise is entirely paved, including the abutting rights-of-way. The applicant proposes to remove much of the pavement along the rights- Page 7 . . of-way and install extensive landscaping. An existing driveway on Gulf to Bay Boulevard is proposed to be removed, providing for additional landscaped area along Gulf to Bay Boulevard. The proposal includes a five-foot wide landscape buffer along the south property line, to include a six-foot high wood fence and landscaping, which will significantly improve the compatibility with the adjacent single-family dwelling. Due to the existing building being located one-foot from the east property line along Phoenix Avenue, the proposal includes the installation of plantings within the Phoenix Avenue right-of-way as a means of softening the building's impact and views from Phoenix Avenue. Redevelopment of this dilapidated site with an attractive building and landscaping will further enhance the Gulf to Bay Boulevard corridor. The proposed improvements will influence other like redevelopment efforts within this vicinity and along Gulf to Bay Boulevard generally. 7. The design of the proposed Comprehensive Infill Redevelopment Project creates a form and function which enhances the community character of the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. The proposed redevelopment of this site will influence other like improvements of properties within the vicinity and along Gulf to Bay Boulevard generally. The City will benefit by having a revitalized site and building. The proposal includes the significant fayade improvements to the existing windowless building and the installation of well- designed landscaping, with enhanced buffering for the residential dwelling to the south. The existing billboard will need to be removed or brought into compliance with all applicable sign ordinances prior to the issuance of any building permits for this property. All other signage will need to comply with Code as well, which will provide for two freestanding signs with a maximum total sign area of 20 square feet, a maximum 20 square feet of attached signage and a maximum eight square feet per window, not to exceed a cumulative of 24 square feet, of window signage. All signs need to be architecturally integrated into the design of the site and building. 8. Flexibility in regard to lot width, required setbacks, height and off-street parking are justified by the benefits to community character and the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. A reduction in setbacks and parking is requested to permit the redevelopment of this dilapidated site. The reductions are necessary to accommodate an attractive building with adequate parking to serve the proposed use. The proposed development will aesthetically enhance the Gulf to Bay Boulevard corridor and the immediate area and significantly enhance the site's compatibility with the single-family dwelling to the south. 9. Adequate off-street parking in the immediate vicinity according to the shared parking formula in Division 14 of Article 3 will be available to avoid on-street parking in the immediate vicinity of the parcel proposed for development. The applicant is requesting a reduction of required parking from 17 to 12 parking spaces. Two parking spaces will be provided for the accessory dwelling. Much of the applicant's Page 8 . . business is conducted over the internet and not by walk in traffic. Buyers of classic, older cars generally arrive educated and spend less time on-site. The applicant is providing the two required parking spaces for the accessory dwelling. Due to the nature of this automobile dealer, the parking spaces proposed will be adequate. D. GENERAL APPLICABILITY (Section 3-913): Conditions which are imposed by the Community Development Coordinator and the Community Development Board pursuant to a Level One or a Level Two Approval shall ensure that: 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 area along Gulf to Bay Boulevard is characterized as nonresidential, dominated with commercial uses. This proposal includes redeveloping an existing windowless building to one with windows oriented toward Gulf to Bay Boulevard and Phoenix Avenue. The fa<;ade improvements will help transform this building into a more attractive one. Landscaping and enhanced buffering along all perimeters of the property will be installed. The improvements will further redevelopment efforts along Gulf to Bay Boulevard. 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 site is zoned Commercial District and the character and intensity of the proposed development will be in compliance with that zoning classification. The proposed development may encourage the like-redevelopment of other sites. Property values in the area should be enhanced by providing a redeveloped site with a remodeled building and increased landscaping. 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 proposed vehicle display and sales use should not create any adverse health or safety impacts in the neighborhood. The proposal includes landscaping in excess of Code requirements. A sidewalk will be constructed within the Phoenix Avenue right-of-way, providing for safe pedestrian traffic adjacent to this property. An existing driveway on Gulf to Bay Boulevard is also being removed, which will increase safety of motorists and pedestrians. 4. The proposed development is designed to minimize traffic congestion. The site presently has one driveway on Gulf to Bay Boulevard. This driveway is being removed with this proposal, which will improve traffic levels of service on that road. The frontage along Phoenix Avenue is one, common driveway with on-street parking. Much of the existing pavement will be removed within this right-of-way, defining the driveways Page 9 . . that will be retained. The northern driveway will be an entrance-only driveway, which will reduce traffic congestion at that intersection. Appropriate signage to identify the intended traffic flow will need to be installed. The applicant has submitted information regarding necessary parking, wherein less parking will be required than Code requires. Outdoor display of vehicles will need to be confined to the area along Gulf to Bay Boulevard, and not encroach into any required customer or employee parking space or within any drive aisle or driveway. Anyon-loading or off-loading of vehicles from any transport vehicle will occur on-site. 5. The proposed development is consistent with the community character of the immediate vicinity of the parcel proposed for development. The proposed development is consistent with the commercial character of the immediate vicinity and will raise the design standards, through attractive architecture, well-designed landscaping and improved signage. 6. The design of the proposed development minimizes adverse effects, including visual, acoustic and olfactory and hours of operation impacts, on adjacent properties. The hours of operation will be normal business day hours, generally Monday through Saturday between 9:00 a.m. and 6:00 p.m. (or 7:00 p.m. during daylight savings days). The dumpster will be fully enclosed and located for ease oftruck pickup outside of the visibility triangle. To minimize audible impacts on adjacent residential uses, no outdoor paging system or phone ringer system should be installed for the business. Vehicle display will be located adjacent to Gulf to Bay Boulevard, away from the residential uses. The landscape buffer, including the six feet high wood fence along the south property line, will help mitigate any potential negative impacts of the commercial business on the adjacent residential dwelling. SUMMARY AND RECOMMENDATION: The application and supporting materials were reviewed by the Development Review Committee on April 11, 2002. The Planning Department recommends APPROVAL of the Flexible Development application to: (1) permit vehicle sales and display in the Commercial District adjacent to residentially zoned property with outdoor display of vehicles; (2) reduce the minimum lot area from 40,000 square feet to 25,087 square feet, (3) reduce the minimum lot width from 200 feet to 135 feet, (4) reduce the front (north) setback along Gulf to Bay Boulevard from 25 feet to 15 feet to pavement, (5) reduce the front (east) setback along Phoenix Avenue from 25 feet to one foot to existing building and to 10 feet to pavement, (6) reduce the side (south) setback from 10 feet to zero feet to dumpster and to five feet to building and pavement, (7) reduce the side (west) setback from 10 feet to five feet to building and pavement, (8) increase the gross floor area of an existing, accessory dwelling from 25 percent (1,534 square feet) to 30.4 percent (1,868 square feet) of the principal use, and (9) reduce the required number of parking spaces from 17 spaces to 12 spaces, as part of a Comprehensive Infill Redevelopment Project under the provisions of Section 2-704.B, with a Comprehensive Landscape Program under the provisions of Section 3-1202, for the site at 1751 Gulf to Bay Boulevard, with the following bases and conditions: Page 10 . . Bases for Approval: 1. The proposal complies with the Flexible Development criteria as a Comprehensive Infill Redevelopment Project per Section 2-704.B. 2. The proposal is in compliance with other standards in the Code including the General Applicability Criteria per Section 3-913. 3. The development is compatible with the surrounding area and will enhance other redevelopment efforts. 4. The proposal complies with the Flexible Development criteria as a Comprehensive Landscape Program under the provisions of Section 3-1202.G. Conditions of Approval: 1. That the vehicle display and sales be limited to classic, older cars and any change in the type of vehicle sales be evaluated for complementary operational characteristic and parking demand, and may require approval by the Community Development Board (CDB); 2. That outdoor vehicle display not encroach into any customer or employee parking space, drive aisles or greenspace area and be confined to the northernmost, angled parking area; 3. That the on-loading or off-loading of vehicles from any transport vehicle occur on-site and not within any abutting right-of-way; 4. That appropriate signage acceptable to the Traffic Operations Division be installed for the entrance-only northern driveway on Phoenix Avenue; 5. That no building permit be issued until the billboard is removed or compliance is achieved with all applicable sign ordinances; 6. That signage be architecturally integrated into the design of the site and building and meet Code (limited to a maximum of two freestanding signs with a total maximum sign area of 20 square feet, a maximum attached signage of 20 square feet, and a maximum window signage of eight square feet per window, not to exceed a cumulative of 24 square feet); 7. That the design of the buildings be consistent with the conceptual elevations submitted to, or as modified by the CDB, and that color of the buildings be one of the two submitted color schemes, or as changed and acceptable to Staff; 8. That no outdoor loud speaker/public address or phone ringer system be permitted; 9. That the accessory building not be used, leased or rented separately from the principal use and not used as a dwelling; 10. That a City right-of-way permit be obtained for the awning and landscaping along Phoenix Avenue; and 11. That the landscape plan be amended to include additional plantings along Phoenix Avenue in the sight triangles, including jasmine and sable palms (with a clear trunk of 10 feet), to the satisfaction of Staff, prior to the issuance of any permits. Prepared by Planning Department Staff: _h~ '<U- 1"\, l J O.QQ. Wayne . Wells, AICP, Senior Planner ATTACHMENTS: Aerial Photograph of Site and Vicinity Location Map Zoning Atlas Map Application Page 11 It. >- u. . I- (j FAX COVER MEMO CITY OF CLEARWATER PLANNING DEPARTMENT 100 S. MYRTLE AVE. CLEARW A TER, FL 33756 (727) 562-4567 FAX: (727) 562-4865 TO:~\J\C'\ S c..\.Q..r~("' FAX: "7~+-70'~.. Phone: 7 ~ +, 70/lc, FROM: \-)~......s..... ~Q.~-1 Phone:~\c 2...-+..s- O~ DATE:c- -~J 13\JO 2... RE: 8- OZ".1))- 07 MESSAGE: NUMBER OF PAGES(INCLUDING THIS PAGE) 2-- ,. RANSMISSION VERIFICATION REPORT TIME 05/13/2002 08:57 NAME PLAN FAX 7275524575 TEL 7275524557 DATE,TIME FAX ~~O. /NAME DURATIOH PAGE(S) RESULT MODE 05/13 08:55 97847015 00:01:05 02 OK STANDARD ECM . . Bases for Approval: 1. The proposal complies with the Flexible Development criteria as a Comprehensive Infill Redevelopment Project per Section 2-704.B. 2. The proposal is in compliance with other standards in the Code including the General Applicability Criteria per Section 3-913. 3. The development is compatible with the surrounding area and will enhance other redevelopment efforts. 4. The proposal complies with the Flexible Development criteria as a Comprehensive Landscape Program under the provisions of Section 3-1202.G. Conditions of Approval: 1. That the vehicle display and sales be limited to classic, older cars and any change in the type of vehicle sales be evaluated for complementary operational characteristic and parking demand, and may require approval by the Community Development Board (CDB); 2. That outdoor vehicle display not encroach into any customer or employee parking space, drive aisles or greenspace area and be confined to the northernmost, angled parking area; 3. That the on-loading or off-loading of vehicles from any transport vehicle occur on-site and not within any abutting right-of-way; 4. That appropriate signage acceptable to the Traffic Operations Division be installed for the entrance-only northern driveway on Phoenix Avenue; 5. That no building permit be issued until the billboard is removed or compliance is achieved with all applicable sign ordinances; 6. That signage be architecturally integrated into the design of the site and building and meet Code (limited to a maximum of two freestanding signs with a total maximum sign area of 20 square feet, a maximum attached signage of 20 square feet, and a maximum window signage of eight square feet per window, not to exceed a cumulative of24 square feet); 7. That the design of the buildings be consistent with the conceptual elevations submitted to, or as modified by the CDB, and that color of the buildings be one of the two submitted color schemes, or as changed and acceptable to Staff; 8. That no outdoor loud speaker/public address or phone ringer system be permitted; 9. That the accessory building not be used, leased or rented separately from the principal use and not used as a dwelling; 10. That a City right-of-way permit be obtained for the awning and landscaping along Phoenix Avenue; and 11. That the landscape plan be amended to include additional plantings along Phoenix Avenue in the sight triangles, including jasmine and sable palms (with a clear trunk of 10 feet), to the satisfaction of Staff, prior to the issuance of any permits. Prepared by Planning Department Staff: Wayne M. Wells, AICP, Senior Planner ATTACHMENTS: Aerial Photograph of Site and Vicinity Location Map Zoning Atlas Map Application Page 11 .... .. . . . 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) 562-4576 loNG RANGE PLANNING DEVELOPMENT REVIEW May 2, 2002 Mr. Kevin Scherer 2815 Kavalier Drive Palm Harbor, FL 34684 RE: Community Development Board Meeting regarding application for Flexible Development approval (FL 02-03-07) Flexible Development request to: (1) permit vehicle sales and display in the Commercial District adjacent to residentially zoned property with outdoor display of vehicles; (2) reduce the minimum lot area from 40,000 square feet to 25,087 square feet, (3) reduce the minimum lot width from 200 feet to 135 feet, (4) reduce the front (north) setback along Gulf to Bay Boulevard from 25 feet to 15 feet to pavement, (5) reduce the front (east) setback along Phoenix Avenue from 25 feet to one foot to existing building and to 10 feet to pavement, (6) reduce the side (south) setback from 10 feet to zero feet to dumpster and to five feet to building and pavement, (7) reduce the side (west) setback from 10 feet to five feet to building and pavement, (8) increase the gross floor area of an existing, accessory dwelling from 25 percent (1,534 square feet) to 30.4 percent (1,868 square feet) of the principal use, and (9) reduce the required number of parking spaces from 17 spaces to 12 spaces, as part of a Comprehensive Infill Redevelopment Project under the provisions of Section 2- 704.B, with a Comprehensive Landscape Program under the provisions of Section 3-1202. Dear Mr. Scherer: The Flexible Development application Flexible Development request to: (1) permit vehicle sales and display in the Commercial District adjacent to residentially zoned property with outdoor display of vehicles; (2) reduce the minimum lot area from 40,000 square feet to 25,087 square feet, (3) reduce the minimum lot width from 200 feet to 135 feet, (4) reduce the front (north) setback along Gulf to Bay Boulevard from 25 feet to 15 feet to pavement, (5) reduce the front (east) setback along Phoenix Avenue from 25 feet to one foot to existing building and to 10 feet to pavement, (6) reduce the side (south) setback from 10 feet to zero feet to dumpster and to five feet to building and pavement, (7) reduce the side (west) setback from 10 feet to five feet to building and pavement, (8) increase the gross floor area of an existing, accessory dwelling from 25 percent (1,534 square feet) to 30.4 percent (1,868 square feet) of the principal use, and (9) reduce the BRIAN J. AUNGST, MAYOR-COMMISSIONER ED HART, VICE MAYOR-COMMISSIONER WHITNEY GRAY, COMMISSIONER HoYT HAMILTON, COMMISSIONER * BILL]ONSON, COMMISSIONER "EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER" . . May 2, 2002 Scherer - Page Two required number of parking spaces from 17 spaces to 12 spaces, as part of a Comprehensive Infill Redevelopment Project under the provisions of Section 2-704.B, with a Comprehensive Landscape Program under the provisions of Section 3-1202 for property located at 1751 Gulf to Bay Boulevard has been scheduled to be reviewed by the Community Development Board on May 21, 2002. The meeting will take place on May 21, 2002, at 2:00 p.m. in the City Commission Chambers, 3rd floor of City Hall at 112 S. Osceola, Clearwater. If you have any questions, please do not hesitate to call me at 727-562-4504. Sincerely, ~~ell~~ Senior Planner Cc: Peter Gianfilippo, property owner Robert Gregg, Architect S:IPlanning DepartmentlC D BIFlexlPending caseslReviewed and PendinglGulfto Bay 1751 Gianfilippo I Gulf to Bay 1751 CDB Letter. doc ... . . . ~: 'C.~,-:~~~,:=~ .' ~~ \::~ll;:;;;;"~~~" """",./'1 TE\\..j~ #,""AI' CITY OF CLEARWATER LONG RANGE PLANNING DEVELOPMENT REvIEW HOUSING DMSION NEIGHBORHOOD SERVICES PlANNING DEPARTMENT POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTIE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAX (727) 562-4576 April 5, 2002 Mr. Kevin Scherer 2815 Kavalier Drive Palm Harbor, FL 34684 RE: Application for Flexible Development approval to reduce Flexible Development request (1) to reduce the minimum lot area from 40,000 square feet to 25,087 square feet, reduce the minimum lot width from 200 feet to 135 feet, reduce the front (north) setback from 25 feet to 12 feet to pavement, reduce the front (east) setback from 25 feet to one foot to building and to five feet to pavement, reduce the side (south) setback from 10 feet to five feet to building and pavement, reduce the side (west) setback from 10 feet to five feet to building and pavement to permit vehicle sales and display, with allowances to be located contiguous to residentially zoned property and with outdoor display of vehicles, (2) and to increase the gross floor area of an accessory dwelling from 25 percent (1,534 square feet) to 30.4 percent (1,868 square feet) of the principal use, both as part of a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-704.B, with a Comprehensive Landscape Program under the provisions of Section 3-1202 (Case No. FL 02-03-07, 1751 Gulf to Bay Boulevard). Dear Mr. Scherer: The Planning staff has reviewed your application to reduce Flexible Development request (1) to reduce the minimum lot area from 40,000 square feet to 25,087 square feet, reduce the minimum lot width from 200 feet to 135 feet, reduce the front (north) setback from 25 feet to 12 feet to pavement, reduce the front (east) setback from 25 feet to one foot to building and to five feet to pavement, reduce the side (south) setback from 10 feet to five feet to building and pavement, reduce the side (west) setback from 10 feet to five feet to building and pavement to permit vehicle sales and display, with allowances to be located contiguous to residentially zoned property and with outdoor display of vehicles, (2) and to increase the gross floor area of an accessory dwelling from 25 percent (1,534 square feet) to 30.4 percent (1,868 square feet) of the principal use, both as part of a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-704.B, with a Comprehensive Landscape Program under the provisions of Section 3-1202 at 1751 Gulf to Bay Boulevard. After a preliminary review of the submitted documents, staff has determined that the application is complete, pending the receipt of the following information by April 11, 2002: J1. Amend the site plan sheet C-1 for Land Use from "Commercial" to "Commercial General (CG)" and amend "Building Setbacks" to "Required Setbacks." Parking requirements for the vehicle sales and display is 2.5 spaces per 1,000 square feet of display area, plus two spaces for the accessory dwelling unit. The total amount of display area is indicated as 3,500 square feet, however, the interior display area must be included. Revise the parking calculations. @ BRIAN J, AUI'GST, MAYOR-COMMISSIOI'ER ED HART, VICE /IIJJ\YOR-COMMISSIOI'ER WHITNEY GK~Y, COMMISSIOi\ER HoYT HAMILTON, COMMISSIONER * BILL JONSON, COMMISSIONER "EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER" ~ J4. /5. 16. 7. J8. J9. /10. /11. 112. J 13. ~ .\; . . April 5, 2002 Scherer - Page 2 3. There is a detached two-story building in the southwest comer that is indicated as "garage and office." It is unclear whether the "office" proposed in this detached building is part of PI's Auto World or a separate tenant space. If a separate office tenant space, parking will need to be provided at the rate of four spaces per 1,000 square feet. It is assumed that the second floor will be utilized as the office. All Building Code requirements will be required for the second floor office, including handicap accessibility. The proposed use of this detached building must be better detailed, including required parking. It is also unclear whether there will be any automotive repair performed on the premises, and, if so, where. Please provided this information. Required drive aisles for two-way traffic is 24 feet wide. Drive aisles proposed on the north and south sides of the building are only 22 feet wide. Revise. Parking space length is 19 feet minimum for 90-degree spaces. It is recommended to reduce the spaces to 19 feet and increase the width of landscape areas and/or converted to required drive aisle widths. Parallel parking spaces are eight feet wide by 23 feet in length. Revise. Provide as part of the site data the following: a) include existing and proposed conditions, including the square footage and percentage of the lot area; b) include in building area the detached building in the southwest comer; c) provide the floor area ratio; d) provide the required and proposed amount of interior greenspace in square footage and as a percentage of the vehicular use area. Provide a four-foot wide sidewalk is required in the right-of-way of Phoenix Avenue. All landscaped areas on-site must be protected by concrete curbing. The proposed six-foot high wood fence along the south property line must be reduced to a maximum of three- feet high for the first 25 feet from Phoenix Avenue. Comply with all visibility triangle requirements. Show the visibility triangles on the site plan. Indicate on the site plan the location of all proposed awnings. It is noted that, due to the building's location one-foot from the east property line, the proposed awning on the east side will be within the City's right-of-way. Must provide the design, dimensions, square footage and height of all proposed freestanding and attached signage. Show the location of freestanding signage on the site plan. Submit a reduced site plan to scale (8 Yz x 11) and color rendering if possible. The Development Review Committee (DRC) will review the application for sufficiency at 1 :00 p.m. on April 11, 2002, in the Planning Department conference room - Room 216 - on the second floor of the Municipal Service Building, 100 South Myrtle Avenue, in Clearwater. You or a representative must be present to answer any questions that the DRC may have regarding your application. If you have any questions, please do not hesitate to call me at 727-562-4504. f'i~cerely yours, \"v~N.. ~. W ~ Wayne M. Wells, AICP Senior Planner Cc: Peter Gianfilippo S:IPlanning DepartmentlC D BIFlexlPending cases I Up for the next DRC\Gulfto Bay 1751 GianfilippolGulfto Bay 1751 Complete Letter. doc .. LL . u TO: FAX COVER MEMO CITY OF CLEARWATER PLANNING DEPARTMENT 100 S. MYRTLE AVE. CLEARW A TER, FL 33756 (727) 562-4567 FAX: (727) 562-4865 ~.,,\(\. S c...h.a..r~c 7f6+.701t4 FAX: Phone: .!. - ...... FROM: \-J~ \N~v Phone:--lIo'2.- +.f"o4- DA TE::_uAt/ ~ pL- REd 7 SI G III:f .j" .1J~ E111 ~ . -9 ~~,~ .~.)'- or \A. ~...A"..... i ~b L . A_ ) NUMBER OF PAGES(INCLUDING THIS PAGE)---=--3 RANSMISSION VERIFICATION REPORT~ TIME 04/10/2002 09:23 ~iAME PLAN FAX 7275624576 TEL 7275624567 DATE,TIME FAX NO./NAME DURATION PAGE(S) RESULT MODE 04/10 09: 21 97847015 00:01:23 03 OK STANDARD ECM d) Show lan.ing in the right of way. e) Provide 1 cape plan prior to CDB review . NOTES: . Revised site plans to be resubmitted to Staff DRAFT CONDITIONS OF DEVELOPMENT ORDER . Lunch 11:45 -12:45 DRAFT Case: FL 02-03-07 - 1751 Gulf to Bay Boulevard. Owner/Applicant: Mr. Peter Gianfilippo. Representative: Mr. Kevin Scherer. Location: 0.576 acres located on the southwest comer of Gulf to Bay Boulevard and Phoenix Avenue. Atlas Page: 297B Zoning: C, Commercial District Request: Flexible Development request (1) to reduce the minimum lot area from 40,000 square feet to 25,087 square feet, reduce the minimum lot width from 200 feet to 135 feet, reduce the front (north) setback from 25 feet to 12 feet to pavement, reduce the front (east) setback from 25 feet to one foot to building and to five feet to pavement, reduce the side (south) setback from 10 feet to five feet to building and pavement, reduce the side (west) setback from 10 feet to five feet to building and pavement to permit vehicle sales and display, with allowances to be located contiguous to residentially zoned property and with outdoor display of vehicles, (2) and to increase the gross floor area of an accessory dwelling from 25 percent (1,534 square feet) to 30.4 percent (1,868 square feet) of the principal use, both as part of a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-704.B, with a Comprehensive Landscape Program under the provisions of Section 3-1202. Proposed Use: The proposal includes redeveloping the existing site to allow vehicle sales and display, both indoor and outdoor, with a second-floor accessory dwelling. Presenter: Wayne M. Wells, Senior Planner Attendees included: City Staff: Mark Parry, Mike Gust, Tom Glenn, Wayne Wells, Don Melone, Lisa Fierce, Bob Maran and Joe Colbert Applicant/Representative: 1:00 p.m. The DRC reviewed these applications with the following comments: 1. Parks and Recreation: a) No comments 2. Stormwater: a) Need to provide calculations to show that enough reduction of impervious areas was done to eliminate detention pond requirement. Provide prior to CDB review. 3. Traffic ene:ineerine:: a) Relocate dumpster and remove asphalt; b) Install 4 ft. wide sidewalk along Phoenix - coordinate location with Landscaping & Engineering needs. c) The above (3 a - b) to be revised prior to review by CDB. 4. General ene:ineerine:: a) No comments 5. Plannine:: a) 6. Solid waste: a) Dumpster needs to be built to city specifications - revise site plan prior to review by CDB. DRC agenda - 4/11/01 - Page 8 '7. . Land resource: . a) No comm 8. Fire: a) . Provide a Fire Hydrant within 300 feet of the furthest comer of the building as per City of Clearwater Code, to be shown on Site Plan prior to review by CDB. b) Second (2nd) floor residential unit must have a one-hour fIre separation from rest of building as per Standard Building Code to be completed prior to issuance of any permits. 9. Landscaoinl!:: a) Right-of-way permit required for any landscaping in the r.o.w. - obtain written permission for Public Works prior to review by CDB; b) Revise plant sizes (palms) to meet Code requirements prior to review by CDB; c) Indicate ground cover in all landscape beds (i.e. Phoenix Avenue); d) Revise traffic flow to be one-way with angled parking to obtain at least 15 feet of landscaping along Gulf to Bay Blvd. e) All of the above (9 a - e) to be shown/clarifIed prior to review by CDB NOTES: . Revised site plans to be resubmitted to Staff by April 19, 2002 . CDB on May 21,2002 DRAFT DRAFT CONDITIONS OF DEVELOPMENT ORDER . That all Standard Building Code requirements be met prior to issuance of any permits. DRC agenda - 4/11/01 - Page 9 LL . o >- I- - () FAX COVER MEMO CITY OF CLEARWATER PLANNING DEPARTMENT 100 S. MYRTLE AVE. CLEARW A TER, FL 33756 (727) 562-4567 FAX: (727) 562-4865 Kn,,; <'\. 5 (.. ""'U:V' FAX: '~:"1'llr-n.:7.'372. - 7\00 Phone:~S &. 7 7~' FROM: \~\".L \ \~\~ " \ -w DATE:~ ~/~oz- Phone:_S \0 2.,.. - t ro4- RE: 17 SI G v)~"'" B"J-.l3kL MESSAGE: ('),.. "..~,~\ ~ ~Q.. ~\\tL a. NUMBER OF PAGES(INCLUDING THIS PAGE) 3 TIME 04/05/2002 13:57 HAtvlE PLAH FAX 7275524575 TEL 7275524557 DATE, TIME FAX NO.mAME DURATIOH PAGE(S) RESULT MODE RANSMISSIm~ VERIFICATION REPORT 04/05 13:55 917273727800 00:01:53 03 OK ST A~mARD ECM . . .I.#~ fit ...."" . ,Y''''r,,_~~_ ..',' .... ,~-- "," '.. . !, -~...' ..... ~.""...-~ *,,";I'~Jrl"" ~""' '1C"):-~L~'~ .... ~~lOl .. ('-- ~ ,:::::::::, . '" "~~ =='::'::: ~'" ... __~_WN__ ~'" ':.'$'\-.,.-- N_'~_ ,,~,~, "'4'A.~ill,-':-;;c;;':;;J"'(>~~"\ d' JI'. Tl:o '\ .. "'/'", l;; n,.,. '1110/' CITY OF CLEARWATER PLANNING DEPARTMENT POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRUE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAX (727) 562-4576 loNG RANGE PLANNING DEVELOPMENT REvIEW HOUSING DMSION NEIGHBORHOOD SERVICES April 5, 2002 Mr. Kevin Scherer 2815 Kavalier Drive Palm Harbor, FL 34684 RE: Application for Flexible Development approval to reduce Flexible Development request (1) to reduce the minimum lot area from 40,000 square feet to 25,087 square feet, reduce the minimum lot width from 200 feet to 135 feet, reduce the front (north) setback from 25 feet to 12 feet to pavement, reduce the front (east) setback from 25 feet to one foot to building and to five feet to pavement, reduce the side (south) setback from 10 feet to five feet to building and pavement, reduce the side (west) setback from 10 feet to five feet to building and pavement to permit vehicle sales and display, with allowances to be located contiguous to residentially zoned property and with outdoor display of vehicles, (2) and to increase the gross floor area of an accessory dwelling from 25 percent (1,534 square feet) to 30.4 percent (1,868 square feet) of the principal use, both as part ofa Comprehensive Infill Redevelopment Project, under the provisions of Section 2-704.B, with a Comprehensive Landscape Program under the provisions of Section 3-1202 (Case No. FL 02-03-07, 1751 Gulfto Bay Boulevard). Dear Mr. Scherer: The Planning staff has reviewed your application to reduce Flexible Development request (1) to reduce the minimum lot area from 40,000 square feet to 25,087 square feet, reduce the minimum lot width from 200 feet to 135 feet, reduce the front (north) setback from 25 feet to 12 feet to pavement, reduce the front (east) setback from 25 feet to one foot to building and to five feet to pavement, reduce the side (south) setback from 10 feet to five feet to building and pavement, reduce the side (west) setback from 10 feet to five feet to building and pavement to permit vehicle sales and display, with allowances to be located contiguous to residentially zoned property and with outdoor display of vehicles, (2) and to increase the gross floor area of an accessory dwelling from 25 percent (1,534 square feet) to 30.4 percent (1,868 square feet) of the principal use, both as part of a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-704.B, with a Comprehensive Landscape Program under the provisions of Section 3-1202 at 1751 Gulf to Bay Boulevard. After a preliminary review of the submitted documents, staff has determined that the application is complete, pending the receipt of the following information by April 11, 2002: 1. Amend the site plan sheet C-l for Land Use from "Commercial" to "Commercial General (CG)" and amend "Building Setbacks" to "Required Setbacks." 2. Parking requirements for the vehicle sales and display is 2.5 spaces per 1,000 square feet of display area, plus two spaces for the accessory dwelling unit. The total amount of display area is indicated as 3,500 square feet, however, the interior display area must be included. Revise the parking calculations. BRIAN J. AUi'\GST, M.'-.YOR-COMMISSIOi'\ER ED HART, VICE M.'-.YOR-COMMISSIONER WHITNEY GRAY, COOIMISSI00:ER HoYT HAMILTOi'\, COMMISSIONER * BILL]ONSON, COM~lISSIONER "EQUAL EMPLOYMENT AND AFFIR,\1ATIVE ACTION EMPLOYER" . . AprilS, 2002 Scherer - Page 2 3. There is a detached two-story building in the southwest corner that is indicated as "garage and office." It is unclear whether the "office" proposed in this detached building is part of PI's Auto World or a separate tenant space. If a separate office tenant space, parking will need to be provided at the rate of four spaces per 1,000 square feet. It is assumed that the second floor will be utilized as the office. All Building Code requirements will be required for the second floor office, including handicap accessibility. The proposed use of this detached building must be better detailed, including required parking. It is also unclear whether there will be any automotive repair performed on the premises, and, if so, where. Please provided this information. 4. Required drive aisles for two-way traffic is 24 feet wide. Drive aisles proposed on the north and south sides of the building are only 22 feet wide. Revise. 5. Parking space length is 19 feet minimum for 90-degree spaces. It is recommended to reduce the spaces to 19 feet and increase the width of landscape areas and/or converted to required drive aisle widths. 6. Parallel parking spaces are eight feet wide by 23 feet in length. Revise. 7. Provide as part of the site data the following: a) include existing and proposed conditions, including the square footage and percentage of the lot area; b) include in building area the detached building in the southwest corner; c) provide the floor area ratio; d) provide the required and proposed amount of interior greenspace in square footage and as a percentage of the vehicular use area. 8. Provide a four-foot wide sidewalk is required in the right-of-way of Phoenix Avenue. 9. All landscaped areas on-site must be protected by concrete curbing. 10. The proposed six-foot high wood fence along the south property line must be reduced to a maximum of three-feet high for the first 25 feet from Phoenix Avenue. 11. Comply with all visibility triangle requirements. Show the visibility triangles on the site plan. 12. Indicate on the site plan the location of all proposed awnings. It is noted that, due to the building's location one-foot from the east property line, the proposed awning on the east side will be within the City's right-of-way. 13. Must provide the design, dimensions, square footage and height of all proposed freestanding and attached signage. Show the location of freestanding signage on the site plan. 14. Submit a reduced site plan to scale (8 Yz x 11) and color rendering if possible. The Development Review Committee (DRC) will review the application for sufficiency at 1 :00 p.m. on April 11, 2002, in the Planning Department conference room - Room 216 - on the second floor of the Municipal Service Building, 100 South Myrtle Avenue, in Clearwater. Yau or a representative must be present to answer any questions that the DRC may have regarding your application. If you have any questions, please do not hesitate to call me at 727-562-4504. ~i~cerely yours, \.V~rL tv\.W~ Wayne M. Wells, AICP Senior Planner Cc: Peter Gianfilippo s: IPlanning DepartmentlC D BIFlexlPending cases I Up for the next DRCIGulf to Bay 1751 Gianfilippo IGulf to Bay 1751 Complete Letter.doc . 'I . . FORM 850-040-24 SYSTEMS PLANNING Page I of4 STATE OF FLORIDA DEPARTMENT OFSPORTA nON PROPOSED STATE HIGHWAY ACCESS CONNECTION NOTICE OF INTENT TO ISSUE PERMIT NOTE: THIS NOTICE OF INTENT IS ONLY VALID FOR I YEAR FROM SIGNING DATE IN PART 6 PART 1: APPLICATION INFORMATION APPLICATION NUMBER: 02-A-799-0082 CERT# 7099 3400 0016 2779 0831 Project Name: PJ's Auto World State Road NameINumber: SR601 Gulf to Bav Blvd. Section Number: 15040 Maintenance Office: PinelIas Maintenance I Brian A. Bennett. P.E. Permit Staff Representative Applicant: PJ's Auto World. (Responsible Officer): Mr. Peter Gianfilippo Mailing Address: 1370 Cleveland Street Clearwater Florida 33755 Telephone: (727) 461-4900 _8 ".' ~MDi YOU ARE HEREBY ADVISED: r' .~ 'j ~'r2 ~-,J ,,1.','/ The Florida Department of Transportation has completed its review of the subject connection permit Application received 09/05/2002 for consistency with Rule Chapters 14-96 and 14-97, F.A.C., and current Department spacing, location, and design criteria and hereby issues this "Notice of Intent" to: Issue the subject permit consistent with the permit Application. X Issue the subject permit consistent with the permit Application and subject to the attached provisions.( remove I existing driveway and replace with type F curb/ gutter). This notice of intent to issue a permit does NOT constitute Department permit issuance. The permit will be issued after the permittee shows proof that a valid local government development approval or development order has been given to the sites served by the connection and special provisions of the approval consistent with the permit applications and conditions previously noted. No connection work on the right-of-way shall be initiated until the Department Permit is actually issued. Any changes to the site(s) plan will require re-evaluation of the connection(s). This notice is valid for one year, from the date of issuance, and can only be extended with approval by the Department for problems outside the control of the applicant pursuant to Rule Chapter 14-96, F.A.C. This Notice of Intent is transferable as specified only in Rule Chapter 14-96, F.A.C. Continued next page ... . . FORM 850-040-24 SYSTEMS PLANNING 01/99 Page 2 of4 PART 3: CONDITIONS Conditions to be met before Permit will be issued: Standard: I. Development approval from the appropriate local government consistent with the Notice of Intent to Permit; 2. Assurance of performance pursuant to Section 334.187, Florida Statutes (if required); 3. Notification of all known right of way users affected by the connection(s); 4. Compliance with drainage requirements in Rule Chapter 14-86, F.A.C. Special: I Revise site plans to show correct state road number (SR 60). 2.Provide approved drainage permit or Letter of Exemption from F.D.O.T. District Drainage Department. 3 Revise site plans to indicate correct F.D.O. T. Standard Index to be used for the Maintenance of Traffic for the project. 4.Provide profile from CIL of SR 60 through the area of driveway removala showing new! existing elevation at all break points( front7 back of sidewalk[ no greater then 2% ADA standards], edge of pavement, right of way line) to insure proper grades. 5 Revise site plans to add note to saw cut existing asphalt roadway at driveway removal point. 6. Revise plans to add note as to the type and length of curb being added, and speciJ)- appropriate F.D.O.T. Index (# 300). 7 Revise plans to show upon driveway removal area to be returned to urban typical.( area between front of sidewalk and back of curb to be removed and restored with asphalt). Note: As a result of driveway closures reasonable access for this development to state road system (Sr 60) is to be by Phoenix Avenue only. NOTE: UPON RECEIVING AN APPROVED PERMIT, BEFORE CONSTRUCTION IS TO BEGIN, THE APPLICANT SHALL DELIVER TO THE DEPARTMENT PROOF OF INSURANCE VERIFYING THAT THE APPLICANT OR THE APPLlCANT=S CONTRACTOR HAS COVERAGE UNDER THE LIABILITY INSURANCE POLICY IN ACCORDANCE WITH THE REQUIREMENTS OF FLORIDA ADMINISTRATIVE CODE, RULE CHAPTER 14-96.007(5)(C) 6. If you should have any further questions, please contact Mr. Dan Karas of this office at (727) 570-5101. Use additional sheet if necessary . . FORM 850-00J-24 SYSTEMS PLANNING 01/99 Page 3 0(4 PART 4: NOTICE OF DEPARTMENT AUTHORITY 1. All approved connection(s) and turning movements are subject to the Department's continuing authority to revoke or modifY such connection(s) or turning movements in order to protect safety and traffic operations on the state highway or State Highway System. 2. Transportation Control Featnres in the state right-or-way. Transportation control features in the Department's right of way, including, but not limited to, traffic signals, medians, median openings, or any other transportation control features or measures in the state right of way are operational and safety characteristics of the State Highway and are not means of access. The Department may install, remove, or modify any present or future transportation control feature in the state right-of-way such as median opening, traffic control device, or a feature affecting turning movements through a connection, to make changes to promote safety in the right of way or efficient traffic operations on the highway. PART 5: DEPARTMENT CONTACT NAME: Dan Karas ADDRESS: 5211 ULMERTON ROAD CLEARWATER FLORIDA 33760 PHONE: (727) 570-5101 SIGNATIJRE OF DEPARTMENT OFFICIAL: PRINT OR TYPE NAME: Brian A. Bennett. P.E. PRINT OR TYPE POSmON: Pinellas Maintenance Engineer DATE: October 28.2002 PHONE: (727) 570 -5101 CC: D. Olson, N. Lataille, D. Karas, C. Gregory, R Hughes, K. Scherer, City of Clearwater file . . FORM 850-O4ll-24 SYSTEMS PLANNING 01/99 Page 4 of4 PART 7: APPEAL PROCEDURES In accordance with Section 120.57, Florida Statutes, you may request a formal proceeding pursuant to Section 120.57(1), Florida Statutes, if you disagree with the facts stated in notice of intent to issue permit (hereinafter "Notice"). If you do not disagree with the facts stated in the Notice, or if you would prefer an informal proceeding, you may request an informal proceeding pursuant to Section 120.57(2), Florida Statutes. You must mail or deliver the written request to: Clerk of Agency Proceedings Department of Transportation Haydon Burns Building 605 Suwannee Street, M.S. 58 Tallahassee, Florida 32399-0458 The written request for an administrative proceeding must conform to the requirements of Rules 28-106.104 and 28-106.111, Florida Administrative Code, and must be received no later than 21 days after you have received the Notice. If a timely written request for an administrative proceeding is not received, the Notice will become conclusive and final and Department action will be taken as stated in the Notice. THE WRITTEN REQUEST MUST CONTAIN THE FOLLOWING: 1. Your name, address, and telephone number, and the Department application number. 2. An explanation of how you are affected by the action described in the Notice. 3. A statement of how and when you received the Notice. 4. A statement of whether you disagree with the facts stated in the Notice and, if so, what facts are disputed. 5. A statement of whether you disagree with any non-factual matters in the Notice (e.g., policy or legal statements) and, ifso, what non-factual matters are disputed. 6. A statement of the basic facts that support opposition or modification to the action to be taken under the Notice. 7. A statement identifYing any rules or statutes that are relied upon to support opposition or modification to the action to be taken under the Notice. 8 A statement of the relief that you seek. 9. A statement whether you are requesting a formal or informal proceeding. ** 10. A statement of any other information that you contend is material. II. A complete copy of the Notice, including this Notice of Appeal Rights. **FORMAL Vs. INFORMAL PROCEEDING In accordance with Section 120.57, Florida Statutes, you may request either a formal proceeding pursuant to Section 120.57(1), Florida Statutes, or an informal proceeding pursuant to Section 120.57(2), Florida Statutes. However, to be entitled to a formal proceeding, there must be disputed issues of materials fact (i.e., filets at issue that are relevant under law or agency rule). If there are no disputed issues of material fact, an informal proceeding will be held. Ifvou do not expresslv reauest a formal proceedine., your request will be treated as a reauest for an informal proceeding. If a formal proceeding is requested and it is determined that you are entitled to a formal hearing, this matter will be referred to the Division of Administrative Hearings, where you may present witnesses and evidence and cross examine other witnesses before a hearing officer, who will issue a recommended order that will be reviewed by the Secretary of Transportation. You will be notified of the time, place, and date of the hearing by the Division of Administrative Hearings. If an informal proceeding is held, you will have to provide the Department with any written documentation or legal arguments which you wish the Department to consider. If yOU wish to make an oral presentation (in oerson or by teleohone). yOU must so state in your reauest for an informal proceedin!/.. You will be notified as to the time period within which to submit written documentation as well as a date at which an oral presentation may be made if you have requested such an opportunity. RECYCLED*, G:\Nip200IINlP0009McDonalads@IIek:.doc . . Wells, Wayne From: Sent: To: Cc: Subject: Fox, Mary Jo Thursday, November 07,2002 1 :09 PM Wells, Wayne Fierce, Lisa; Kronschnabl, Jeff; Hall, Bob RE: Billboard at 1751 Gulf to Bay Boulevard Wayne, I visited the site today and saw the billboard has been completely removed. Please see photos below. Mary Jo ~ ~ ~ MVC-003FJPG MVC-004F.JPG MVC-011FJPG -----Original Message----- From: Wells, Wayne Sent: Thursday, November 07,200211:41 AM To: Fox, Mary Jo Cc: Fierce, Lisa Subject: Billboard at 1751 Gulf to Bay Boulevard Mary Jo - Could you please visit 1751 Gulf to Bay Boulevard regarding the status of the billboard on the property. Currently, issuance of building permits are be withheld until the billboard is brought into compliance with Sign Code provisions, per the Development Order for Case No. FLD 02-03-07. Please let me know what you find out. Thanks. Wayne 1 . . J . ) . . . . . . Wells, Wayne From: Sent: To: Cc: Subject: Fierce, Lisa Wednesday, October 02, 2002 8:35 AM 'Bill Brinton' Dougall-Sides, Leslie; Tarapani, Cyndi; Wells, Wayne RE: 1751 G-T-B (Ace Liquors site) office - 727-796-8774 extension 331 or cell - 727-402-6200; please let me know if any changes in policy are made relative to requiring the removal of the billboard prior to building permits Lisa L. Fierce Assistant Planning Director City of Clearwater - Planning Department lfierce@clearwater-fl.com 727.562.4561 phone 727.562.4865 fax -----Original Message----- From: Bill Brinton [mailto:WBrinton@rtlaw.com] Sent: Tuesday, October 01, 2002 4:45 PM To: lfierce@clearwater-fl.com Cc: lsides@clearwater-fl.com Subject: 1751 G-T-B (Ace Liquors site) Need a telephone number for Bob Gregg, architect, that represents new property owner. CONFIDENTIALITY NOTICE: The information and all attachments contained in this electronic communication are legally privileged and confidential information, subject to the attorney-client privilege and intended only for the use of the intended recipients. If the reader of this message is not an intended recipient, you are hereby notified that any review, use, dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately of the error by return e-mail and please permanently remove any copies of this message from your system and do not retain any copies, whether in electronic or physical form or otherwise. Thank you. Rogers, Towers, Bailey, Jones & Gay, P.A. (904) 398-3911 1 j II , . . Wells, Wayne From: Sent: To: Cc: Subject: Wells, Wayne Thursday, September 12, 20024:02 PM Tarapani, Cyndi Garriott, Kevin; Akin, Pam; Dougall-Sides, Leslie; Fierce, Lisa RE: PJ's AutoWorld 1751 Gulf to Bay There is now a parcel tag for this property citing the D.O. condition. -----Original Message----- From: Tarapani, Cyndi Sent: Thursday, September 12, 2002 9:02 AM To: Fierce, Lisa; Akin, Pam; Dougall-Sides, Leslie Cc: Garriott, Kevin; Fox, Mary Jo; Wells, Wayne Subject: RE: PJ's AutoWorld 1751 Gulf to BAy good work lisa. Also good idea to make sure there is a parcel tag in permitplan to make sure this doesn't slip through the cracks. Thanks all. -----Original Message----- From: Fierce, Lisa Sent: Wednesday, September 11, 2002 6:01 PM To: Tarapani, Cyndi; Akin, Pam; Dougall-Sides, Leslie Cc: Garriott, Kevin; Fox, Mary Jo; Wells, Wayne Subject: RE: PJ's AutoWorld 1751 Gulf to BAy unable to reach bob gregg, i left a message on his voicemail indicating that the city is maintaining its position (taken when the staff report was prepared for the site plan case in may) that no building permits will be issued until the illegal sign is removed or sign compliance is achieved. the cdb imposed a condition stating same. wayne - need parcel tag in permit plan, if not there yet. Lisa L. Fierce Assistant Planning Director City of Clearwater - Planning Department Ifierce@clearwater-f1.com 727.562.4561 phone 727.562.4865 fax -----Original Message-nn From: Tarapani, Cyndi Sent: Wednesday, September 11, 2002 2:03 PM To: Akin, Pam; Dougall-Sides, Leslie Cc: Fierce, Lisa Subject: RE: PJ's AutoWorld 1751 Gulf to BAy ok, lisa-please call him. By the way, Pam, Bob Gray is a repeat customer and knows the drill. I think perhaps he was shopping the answer... surprise, surprise... -----Original Message----- From: Akin, Pam Sent: Wednesday, September 11, 2002 2:01 PM To: Tarapani, Cyndi; Dougall-Sides, Leslie Cc: Fierce, Lisa Subject: RE: PJ's AutoWorld 1751 Gulf to BAy No, I told him I would inquire and give you and Lisa the info, including his phone number. He claimed he was unable to get Lisa. Also he indicated this was a new owner. 1 . .. .. -----Original Message- From: Tarapani, Cyndi Sent: Wednesday, September 11, 2002 12:29 PM To: Dougall-Sides, Leslie Cc: Fierce, Lisa; Akin, Pam Subject: RE: PJ's AutoWorld 1751 Gulf to BAy . Thanks Leslie. As a matter of policy I do not think we should consider an agreement like Car Spa's. The extenuating circumstances re Car Spa are that the seller did not disclose to the buyer of the violation and so we gave the buyer some leeway. Those facts are not the same for Pj"s- same owner and we notified the owner during the review period of how we would treat their billboard. No need for any leniency. Pam-are you going to call back Bob Gray? If so, please refer him back to Lisa who will hold steady with the development order already issued. Thanks. -----Original Message----- From: Dougall-Sides, Leslie Sent: Wednesday, September 11, 2002 12:23 PM To: Tarapani, Cyndi Subject: FW: PJ's AutoWorld 1751 Gulf to BAy Sorry, should have copied you on this... -----Original Message----- From: Dougall-Sides, Leslie Sent: Wednesday, September 11, 2002 12:02 PM To: Akin, Pam Cc: Fierce, Lisa Subject: FW: pJ's AutoWorld 1751 Gulf to BAy The new statute does not change this. This issue was analyzed during preparation of the staff report and I provided a legal analysis sheet to Planning. New Seciton 70.20 provides exception language: nor shall the provisions ofthis section apply to any signs that are the subject of an ordinance providing an amortization period, which period has expired, and which ordinance is the subject of judicial proceedings that were commenced on or before January 1, 2001. The P.J.'s sign is one of the National Advertising signs that are the subject of our pending litigation. The only written settlement agreement was with the Car Spa new property owners. The City agreed to withdraw its MCEB Order and during the Abatement Period prior to lease expiration, code provisions are to be applied as if the BB does not exist. Car Spa agreed to remove the BB at the expiration of the lease. If PJ's wants to explore entering into a similar agreement we could do that. -----Original Message----- From: Akin, Pam Sent: Tuesday, September 10, 20023:51 PM To: Tarapani, Cyndi; Fierce, Lisa Cc: Dougall-Sides, Leslie Subject: PJ's AutoWorld 1751 Gulf to BAy I recieved a call today from Bob Gray,796-8774, architectect for the above site. The site currently is (closed) liquor store close to Pep Boys. There is a billboard on the property. We have conditioned the permit on the removal of the billboard. Leslie does the new staute change this? Haven't we agreed to permits before but no signs if the property owner agreed to remove the sign at the end of the lease term? 2 1l, . e Location: 0.17 acres located on the east side of East Skyline Drive, approximatel 450 feet north of Sunset Point Road. Atlas Page: 254B. Request: (a) Annexation of 0.17 acres to the City of Clearwater; (b) Land Use Plan amendment from RL, Residential Low (Co Low (Clearwater); and (c) Rezoning from R-3, Residential, Single Family Dis Medium Density Residential District (Clearwater). Presenter: Gina Clayton, Long Range Planning Mana ACTION: Approved - 7:0 3. Case: LUZ 02-02-01 - 2551 Harn Bo vard Level Three Application Owner/Applicant: James G. Nicho & Anastesia S. Nichols/Long Bow Corporation. Location: 0.74 acres located 0 he south side of Harn Boulevard, approximately 420 feet west of U.S. 19 No Atlas Page: 309B. Request: (a) Land Use Pia mendment from CG, Commercial General Classification to RH, Residential High Clas . cation; and (b) Rezoning from , Commercial District to MHDR, Medium High Density Residential District. Presenter: Gi Clayton, Long Range Planning Manager. ACTION: PROVED - 7:0 Case: FL 02-03-07 - 1751 Gulf-to-Bay Boulevard Level TwoApplication Owner/Applicant: Mr. Peter Gianfilippo. Representative: Mr. Kevin Scherer. Location: 0.576 acres located on the southwest corner of Gulf-to-Bay Boulevard and Phoenix Avenue. Atlas Page: 297B. Zoning: C, Commercial District. Request: Flexible Development request to: (1) permit vehicle sales and display in the Commercial District adjacent to residentially zoned property with outdoor display of vehicles; (2) reduce the minimum lot area from 40,000 square feet to 25,087 square feet, (3) reduce the minimum lot width from 200 feet to 135 feet, (4) reduce the front (north) setback along Gulf-to-Bay Boulevard from 25 feet to 15 feet to pavement, (5) reduce the front (east) setback along Phoenix Avenue from 25 feet to one foot to existing building and to 10 feet to pavement, (6) reduce the side (south) setback from 10 feet to zero feet to dumpster and to five feet to building and pavement, (7) reduce the side (west) setback from 10 feet to five feet to building and pavement, (8) increase the gross floor area of an existing, accessory dwelling from 25 percent (1,534 square feet) to 30.4 percent (1,868 square feet) of the principal use, and (9) reduce the required number of parking spaces from 17 spaces to 12 spaces, as part of a Comprehensive Infill Redevelopment Project under the provisions of Section 2-704.B, with a Comprehensive Landscape Program under the provisions of Section 3-1202. Proposed Use: A 6,138 square foot car dealership with indoor and outdoor display, an existing 1,868 square foot attached, second-floor accessory dwelling and existing 1,472 square foot garage/office. Presenter: Wayne M. Wells, Senior Planner. acd502 2 OS/21/02 l " . . ACTION: Approved - 7:0 - With Conditions: 1) That the vehicle display and sales be limited to classic, older cars and any change in the type of vehicle sales be evaluated for complementary operational characteristic and parking demand, and may require approval by the Community Development Board (COB); 2) That outdoor vehicle display not encroach into any customer or employee parking space, drive aisles or greenspace area and be confined to the northernmost, angled parking area; 3) That the on-loading or off-loading of vehicles from any transport vehicle occur on-site and not within any abutting right-of-way; 4) That appropriate signage acceptable to the Traffic Operations Division be installed for the entrance-only northern driveway on Phoenix Avenue; 5) That no building permit be issued until the billboard is removed or compliance is achieved with all applicable sign ordinances; 6) That signage be architecturally integrated into the design of the site and building and meet Code (limited to a maximum of two freestanding signs with a total maximum sign area of 20 square feet, a maximum attached signage of 20 square feet, and a maximum window signage of eight square feet per window, not to exceed a cumulative of 24 square feet); 7) That the design of the buildings be consistent with the conceptual elevations submitted to, or as modified by the COB, and that color of the buildings be one of the two submitted color schemes, or as changed and acceptable to staff; 8) That no outdoor loud speaker/public address or phone ringer system be permitted; 9) That the accessory building not be used, leased or rented separately from the principal use and not used as a dwelling;1 0) That a City right-of-way permit be obtained for the awning and landscaping along Phoenix Avenue; and 11) That the landscape plan be amended to include additional plantings along Phoenix Avenue in the sight triangles, including jasmine and sable palms (with a clear trunk of 10 feet), to the satisfaction of Staff, prior to the issuance of any permits. acd502 3 OS/21/02 . . COMMUNITY DEVELOPMENT BOARD MEETING CITY OF CLEARWATER May 21,2002 Present: Carlen A. Petersen David Gildersleeve Shirley Moran Alex Plisko Ed Hooper John Doran Kathy Milam Vice Chair Board Member Board Member Board Member Board Member Board Member Alternate Board Member - Voting Absent: Edward Mazur, Jr. Board Member Also Present: Leslie Dougall-Sides Cynthia Tarapani Gina Clayton Patricia O. Sullivan Assistant City Attorney Planning Director Long Range Planning Manager Board Reporter The Chair called the meeting to order at 2:00 p.m. at City Hall, followed by the Invocation and Pledge of Allegiance. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. A. APPROVAL OF MINUTES OF PREVIOUS MEETING: April 16, 2002 In reference to page 4, paragraph 1, and page 17, paragraphs 2,4, and 5, Member Doran indicated he had voted "Aye," in favor of the actions. Member Hooper moved to approve the minutes of the regular meeting of April 16, 2002, as amended. The motion was duly seconded and carried unanimously. B. ELECTION OF OFFICERS: Chair and Vice Chair Member Gildersleeve moved to appoint Carlen A. Petersen as Chair and Ed Hooper as Vice-Chair. The motion was duly seconded and carried unanimously. C. REQUEST FOR CONTINUANCE: The following case is requested to be continued to the June 18, 2002, CDB meeting. (Item 1): 1. Case: FL 02-02-03 - 18 Glendale Street Level Two Application Applicant: Mr. Scott Ogilvie. Location: 0.1 O-acres located on the north side of Glendale Street, approximately 150 feet west of Mandalay Avenue. Atlas Page: 258A. Zoning: MHDR, Medium High Density Residential District. Request: Mcd0502 1 OS/21/02 FILE I-~- - . . Flexible Development approval to reduce the required front (south) setback from 25 feet to 1.6 feet (to deck) along Glendale Street and to reduce the side (west) setback from 10 feet to 1.9 feet (to deck), as a Residentiallnfill Project under the provisions of Section 2-404. Proposed Use: A 264 square foot wood deck as accessory to an existing dwelling. Presenter: Wayne Wells, Senior Planner. Member Hooper moved to continue Item 01, Case: FL02-02-03 to June 18, 2002. The motion was duly seconded and carried unanimously. D. CONSENT AGENDA: The following cases are not contested by the applicant, staff, neighboring property owner, etc. and will be approved by single vote at the beginning of the meeting. (Items 1-5) 1. Case: ANX 02-02-03 - 25633 U.S. 19 North Level Three Application - Continued item Owner/Applicant: Lawrence H. Dimmitt, III. Agent: Harry S. Cline Esquire. Location: 1.04 acres located on the east side of U.S. 19 North and west of Lake Chautauqua and north of First Avenue North. Atlas Page: 233A. Request: (a) Annexation of 1.04 acres to the City of Clearwater; (b) Land Use Plan amendment from R/O/R, Residential/Office/Retail (County) to R/O/R, Residential/Office/Retail (City); and (c) Rezoning from CP-l, Commercial Parkway District (County) to C, Commercial District (Clearwater). Presenter: Gina Clayton, Long Range Planning Manager. This property is approximately 1.04 acres in area and is located south of the Cypress Point Shopping Center, east of U. S. 19 North and north of First Avenue North. The applicant is requesting this annexation in order to bring this property into the City of Clearwater. No sewer or water service is required at this time. The property is contiguous with the existing City boundaries to the north, south and west, therefore, the proposed annexation is consistent with Florida Statutes with regard to voluntary annexation. The subject site is currently used for vehicle service and parking and the applicant is not proposing to change this. It is proposed that the property have a Future Land Use Plan designation of Residential/Office/Retail (R/O/R) and a zoning category of Commercial (C). The Planning Department recommends: approval of the annexation of the property located at 25633 U. S. 19 North; approval of the Residential/Office/Retail plan (R/O/R) category pursuant to the City's Comprehensive Plan; and approval of the Commercial (C) zoning district pursuant to the City's Community Development Code. AND 2. Case: ANX 02-03-05 - 1931 East Skyline Drive Level Three Application Owner/Applicant: Lois A. Conley. Mcd0502 2 OS/21/02 . .~ Location: 0.17 acres located on the east side of East Skyline Drive, approximately 450 feet north of Sunset Point Road. Atlas Page: 254B. Request: (a) Annexation of 0.17 acres to the City of Clearwater; (b) Land Use Plan amendment from RL, Residential Low (County) to RL, Residential Low (Clearwater); and (c) Rezoning from R-3, Residential, Single Family District (County) to LMDR, Low Medium Density Residential District (Clearwater). Presenter: Gina Clayton, Long Range Planning Manager. The subject property is located at 1931 East Skyline Drive on the east side of East Skyline Avenue, approximately 450 feet north of Sunset Point Road. The applicant is requesting this annexation in order to receive City sewer service. This property is contiguous with the existing City boundaries to the north, south and west, therefore, the proposed annexation is consistent with Florida Statutes with regard to voluntary annexation. The subject site is occupied by an existing single-family detached dwelling and it is proposed that the property have a Future Land Use Plan designation of Residential Urban (RU) and a zoning category of Low Medium Density Residential (LMDR). The Planning Department recommends the following actions: approval of the annexation of the property located at 1931 East Skyline Drive; approval of the Residential Urban category pursuant to the City's Comprehensive Plan; and approval of the Low Medium Density Residential (LMDR) zoning district pursuant to the City's Community Development Code. AND 3. Case: LUZ 02-02-01 - 2551 Ham Boulevard Level Three Application Owner/Applicant: James G. Nichols & Anastesia S. Nichols/Long Bow Corporation. Location: 0.74 acres located on the south side of Ham Boulevard, approximately 420 feet west of U.S. 19 North. Atlas Page: 309B. Request: (a) Land Use Plan amendment from CG, Commercial General Classification to RH, Residential High Classification; and (b) Rezoning from C, Commercial District to MHDR, Medium High Density Residential District. Presenter: Gina Clayton, Long Range Planning Manager. The subject site is 36,590 square feet in area or 0.84 acres and is currently vacant. It is zoned Commercial (C) and has a Future Land Use Plan classification of Commercial General (CG). The applicant is proposing to amend the Future Land Use Plan to designate this property Residential High (RH) and to rezone it to the Medium High Density Residential (MHDR) District in order to develop it, along with the parcel to the south, with attached dwellings. The current Commercial (C) District does not permit residential development outside of a mixed use development. In accordance with the Countywide Plan Rules, the land use plan amendment is subject to approval by the Pinellas Planning Council and Board of County Commissioners acting as the Countywide Planning Authority. Due to the allowable density of the Residential High Future Mcd0502 3 OS/21/02 . . Land Use Plan category, review and approval by the Department of Community Affairs is required. The Planning Department recommends: Amend the Future Land Use Plan designation of 2551 Harn Boulevard (Portion of Metes & Bounds 14/08 in Section 19, Township 29 South, Range 16 East) from Commercial General (CG) to Residential High (RH); and Amend the Zoning District designation of 2551 Harn Boulevard (Portion of Metes & Bounds 14/08 in Section 19, Township 29 South, Range 16 East) from Commercial from Commercial (C) to Medium High Density Residential (MHDR). AND ~4 Case: FL 02-03-07 - 1751 Gulf-to-Bay Boulevard Level Two Application Owner/Applicant: Mr. Peter Gianfilippo. Representative: Mr. Kevin Scherer. Location: 0.576 acres located on the southwest corner of Gulf-to-Bay Boulevard and Phoenix Avenue. Atlas Page: 297B. Zoning: C, Commercial District. Request: Flexible Development request to: (1) permit vehicle sales and display in the Commercial District adjacent to residentially zoned property with outdoor display of vehicles; (2) reduce the minimum lot area from 40,000 square feet to 25,087 square feet, (3) reduce the minimum lot width from 200 feet to 135 feet, (4) reduce the front (north) setback along Gulf-to-Bay Boulevard from 25 feet to 15 feet to pavement, (5) reduce the front (east) setback along Phoenix Avenue from 25 feet to one foot to existing building and to 10 feet to pavement, (6) reduce the side (south) setback from 10 feet to zero feet to dumpster and to five feet to building and pavement, (7) reduce the side (west) setback from 10 feet to five feet to building and pavement, (8) increase the gross floor area of an existing, accessory dwelling from 25 percent (1,534 square feet) to 30.4 percent (1,868 square feet) of the principal use, and (9) reduce the required number of parking spaces from 17 spaces to 12 spaces, as part of a Comprehensive Infill Redevelopment Project under the provisions of Section 2-704.B, with a Comprehensive Landscape Program under the provisions of Section 3-1202. Proposed Use: A 6,138 square foot car dealership with indoor and outdoor display, an existing 1,868 square foot attached, second-floor accessory dwelling and existing 1,472 square foot garage/office. Presenter: Wayne M. Wells, Senior Planner. The rectangular site is 0.575 acres located at the southwest corner of Gulf-to-Bay Boulevard and Phoenix Avenue, approximately 600 feet west of Keene Road. The site has been developed commercially in the past for the retail sales of alcoholic beverages (Ace Liquor). The building has been vacant for at least a year. There is a second-floor, 1,868 square-foot, accessory dwelling on the south side of the main building. A two-story accessory building is located in the southwest corner of the site with a ground-floor garage and a second-floor apartment. The existing site is almost completely covered by impervious surfaces. Adjacent land uses fronting on either side of Gulf-to-Bay Boulevard are nonresidential and primarily commercial in character. An automobile service station exists to the east, a motel to both the west and northwest and a church directly north across Gulf-to-Bay Boulevard. Mcd0502 4 OS/21/02 . . Properties to the south are zoned for and developed with residential uses. A single-family detached dwelling is directly adjacent to the south, with a multi-family building to the southeast. The applicant seeks to redevelop the property to permit a classic car sales establishment (PJ's Auto World), a use permitted as Flexible Standard and Flexible Development uses in the Commercial District. The request for this use, however, is being processed as a Comprehensive Infill Redevelopment Project due to necessary deviations from the standards and criteria for this use. The principal building is 6,138 square feet on the ground floor, with the 1,868 square feet accessory dwelling on the second floor. The existing commercial building is basically square- shaped and windowless. The applicant proposes to create windows on the ground floor commercial area to permit views of the vehicles displayed indoors. The fa~ade of the building will be significantly improved through the installation of the windows, stucco wall finish, canvas awnings over the storefront windows and the construction of parapets to hide rooftop air condensers. These parapets will also help mask the second-floor accessory dwelling from view from Gulf-to-Bay Boulevard. Indoor vehicle display of 4,620 square feet is proposed, with the floor area balance being for offices and vehicle detailing. There is no vehicle repair proposed at this location. The color of the buildings need to be one of the two submitted color schemes (soft pink or soft peach) or a color scheme changed and acceptable to Staff. The proposal includes retaining the existing second-floor, accessory dwelling. It is 30.4 percent of the principal use floor area, which exceeds the current Code limitation of 25 percent. By virtue of being on-site, this dwelling will help provide security for the premises. The accessory dwelling will be repainted to match the rest of the building. The site design eliminates a driveway on Gulf-to-Bay Boulevard, which will bring the site into conformance with a Flexible Development criteria for vehicle display and sales that requires frontage on, but no access to, a major arterial. The proposal includes the removal of pavement along Gulf-to-Bay Boulevard to create a 15-foot wide landscape area with tiered landscaping, enhanced with trees and ground cover, adjacent to the angled outdoor vehicle display area. The two driveways on Phoenix Avenue will be defined through the elimination of pavement both on-site and in the right-of-way. The northern driveway will be directional as an entrance-only access point, which is preferred due to its proximity to the intersection with Gulf-to-Bay Boulevard. Appropriate signage will need to be installed for this directional traffic flow. The proposal includes a setback reduction from 10 feet to five feet to pavement and building along the south property line, and a six-foot high wood fence, hedge and trees as a buffer. Existing improvements restrict providing the full buffer width. A five-foot wide landscape area will also be created along the west property line. The removal of existing pavement and installation of landscaping will significantly enhance the appearance of this property, furthering redevelopment efforts along Gulf-to-Bay Boulevard. The proposal includes construction of a sidewalk and installation of trees and other landscaping within the Phoenix Avenue right-of-way, which will help soften the building views. The installation of landscaping within the right-of-way will require a right-of-way use permit. The hours of operation will be normal business day hours, generally Monday through Saturday between 9:00 a.m. and 6:00 p.m. (or 7:00 p.m. during daylight savings days). The proposal includes a reduction in the required amount of parking for the vehicle display and sales Mcd0502 5 OS/21/02 . . from 17 to 12 spaces. There are 2,080 square feet of outdoor vehicle display area and 4,620 square feet of indoor vehicle display area proposed. The applicant has indicated that many of his vehicles are sold over the internet, which reduces the need for on-site parking. Buyers of classic cars are looking at specific vehicles, arrive educated and spend less time on the site. A major reason the applicant has chosen a Gulf-to-Bay Boulevard location is the construction of the new bridge and rerouting of traffic to Court Street, which will reduce the visibility of his other location at 1370 Cleveland Street. Customers at the subject property will also be directed to the Cleveland Street store. As few as 10 to 15 customers a day are anticipated and many are tourists who spend an average of 20 minutes window-shopping. Delivery of "new" vehicles is usually one at a time. The delivery transport truck will need to be on-site and not within any right-of-way. The total impervious area will be reduced from 98.5 percent to 80.1 percent. With this reduction, the site is exempt from providing on-site stormwater retention. Code requires 10 percent of the vehicular use area to be interior islands to break up the pavement areas. The proposal provides 5.1 percent interior landscaping, which is acceptable under the provisions of a Comprehensive Landscape Program. The dumpster enclosure will be located at the southeast corner of the property, adjacent to the single-family dwelling. The enclosure is angled for ease of truck pickup and set back 12 feet from the Phoenix Avenue property line outside of visibility triangle requirements. The corner of the enclosure is situated right along the south property line, which is the most optimal for this site. Existing signs on the site include two attached signs on the main building, a freestanding pole sign along Gulf-to-Bay Boulevard and a freestanding sign (billboard) in the northwest corner of the property. That sign is illegal and the property owner and sign owner have been found in violation of City Sign Code provisions. This billboard will need to be removed or brought into compliance with all applicable sign ordinances prior to the issuance of any building permit for this property. All other existing nonconforming signs will need to be brought into compliance with Code as part of this application. The applicant has proposed modifying the existing pole sign in the northeast corner of the property for the proposed use. The applicant has indicated that the Sign Code will be met. Sign Code provisions will limit the site to a maximum of two freestanding signs with a total sign area of 20 square feet, a maximum attached signage of 20 square feet, and a maximum window signage of eight square feet per window, not to exceed a cumulative of 24 square feet. All signs need to be architecturally integrated into the design of the site and building. Should the applicant seek approval of a Comprehensive Sign Program at a later date, Staff would recommend one monument sign along Gulf-to-Bay Boulevard with sign area meeting Code, a maximum height of eight feet and with a solid base coordinated with the design and color of the building. On April 11 , 2002, the Development Review Committee reviewed the application and supporting materials. The Planning Department recommends approval of the Flexible Development application to: (1) permit vehicle sales and display in the Commercial District adjacent to residentially zoned property with outdoor display of vehicles; (2) reduce the minimum lot area from 40,000 square feet to 25,087 square feet, (3) reduce the minimum lot width from 200 feet to 135 feet, (4) reduce the front (north) setback along Gulf to Bay Boulevard from 25 feet to 15 feet to pavement, (5) reduce the front (east) setback along Phoenix Avenue from 25 feet to one foot to existing building and to 10 feet to pavement, (6) reduce the side (south) setback from 10 feet to zero feet to dumpster and to five feet to building and pavement, (7) reduce the side (west) setback from 10 feet to five feet to building and pavement, (8) Mcd0502 6 OS/21/02 . . increase the gross floor area of an existing, accessory dwelling from 25 percent (1,534 square feet) to 30.4 percent (1,868 square feet) of the principal use, and (9) reduce the required number of parking spaces from 17 spaces to 12 spaces, as part of a Comprehensive Infill Redevelopment Project under the provisions of Section 2-704.B, with a Comprehensive Landscape Program under the provisions of Section 3-1202, for the site at 1751 Gulf-to-Bay Boulevard, with the following bases and conditions: Bases for Approval: 1) proposal complies with the Flexible Development criteria as a Comprehensive Infill Redevelopment Project per Section 2-704.B; 2) proposal is in compliance with other standards in the Code including the General Applicability Criteria per Section 3-913; 3) development is compatible with the surrounding area and will enhance other redevelopment efforts; and 4) proposal complies with the Flexible Development criteria as a Comprehensive Landscape Program under the provisions of Section 3-1202.G and Conditions of Approval: 1) That the vehicle display and sales be limited to classic, older cars and any change in the type of vehicle sales be evaluated for complementary operational characteristic and parking demand, and may require approval by the Community Development Board (CDB); 2) That outdoor vehicle display not encroach into any customer or employee parking space, drive aisles or greenspace area and be confined to the northernmost, angled parking area; 3) That the on-loading or off-loading of vehicles from any transport vehicle occur on-site and not within any abutting right-of-way; 4) That appropriate signage acceptable to the Traffic Operations Division be installed for the entrance-only northern driveway on Phoenix Avenue; 5) That no building permit be issued until the billboard is removed or compliance is achieved with all applicable sign ordinances; 6) That signage be architecturally integrated into the design of the site and building and meet Code (limited to a maximum of two freestanding signs with a total maximum sign area of 20 square feet, a maximum attached signage of 20 square feet, and a maximum window signage of eight square feet per window, not to exceed a cumulative of 24 square feet); 7) That the design of the buildings be consistent with the conceptual elevations submitted to, or as modified by the CDB, and that color of the buildings be one of the two submitted color schemes, or as changed and acceptable to staff; 8) That no outdoor loud speaker/public address or phone ringer system be permitted; 9) That the accessory building not be used, leased or rented separately from the principal use and not used as a dwelling;10) That a City right-of-way permit be obtained for the awning and landscaping along Phoenix Avenue; and 11) That the landscape plan be amended to include additional plantings along Phoenix Avenue in the sight triangles, including jasmine and sable palms (with a clear trunk of 10 feet), to the satisfaction of Staff, prior to the issuance of any permits. Member Gildersleeve moved to approve Items D1, D2, D3, and D4, with conditions as listed, Cases ANX 02-02-03, ANX 02-03-05, LUZ 02-02-01, and FL02-03-07. The motion was duly seconded and carried unanimously. 5. Case: FL 02-03-08 - 200 Brightwater Drive Level Two Application Owner: Ms. Elfriede Siedler. Applicant: Mr. Roland Rogers. Representative: Mr. Housh Ghovaee, Northside Engineering, Inc. Location: 0.54 acres located on the north side of Brightwater Drive, approximately 1 ,500 feet east of Hamden Drive. Atlas Page: 276 A. Zoning: T, Tourist District. Request: Flexible Development approval to permit attached dwellings within the Tourist District with a reduction in the side (east and west) setbacks from 10 feet to five feet (to building); reduction in Mcd0502 7 OS/21/02 . . the rear (north) setback from 10 feet to nine feet (to pool); and permit parking that is designed to back into the public right-of-way, under provisions of Section 2-803 as a Comprehensive Infill Redevelopment Project and Section 3-1402 (C). Proposed Use: A 33,660 square foot building with 10 attached dwelling units. Presenter: Wayne Wells, Senior Planner. The rectangular site is 0.54 acres located on the north side of Brightwater Drive, approximately 1,500 feet east of Hamden Drive. It is located along a highly developed area within Clearwater Beach and has along frontage Clearwater Bay. The site is located within the Small Motel District of Beach By Design which provides for the redevelopment of Brightwater Drive with townhomes between two and four stories above required parking. The site has four, masonry block buildings containing 19 hotel rooms. Three of the existing buildings are one-story and the fourth is two-stories. The buildings are between 10 feet and 25 feet in height and used as overnight accommodations and associated accessory uses. A 5,500 square foot structure containing 12 units and manager's quarter is located at the northwest corner of site. A 2,250 square foot building is located in the center of the site and contains three units. A 540 square foot structure is located in the center of the site along Brightwater Drive and contains one unit. The fourth structure is 1,000 square feet and contains two units. The site has one, undefined, existing driveway along most of the south property line (Brightwater Drive). It includes 21 "back out" parking spaces that extend into the right-of-way. The site is currently nonconforming with regard to existing "back out" parking and rear, front and side setbacks. The site is also deficient in the required number of parking spaces (29 spaces). The site also contains two docks including a 404 square foot dock on the west side of the site and 220 square foot dock is located on the east side of the site. These will be removed as part of the site's redevelopment. Any future docks will need to meet Code and may require a Level Two, Flexible Development review (if greater than 500 square feet in area). The proposal includes removing all existing buildings and pavement and constructing a 33,660 square foot building. It will be 35 feet in height with two floors of living area above one floor of ground-level parking. The building will contain 10 dwelling units, each approximately 3,366 square feet in area. The proposed building will be located between five and 30 feet from any property line. The parking under the building will include 20 spaces that exceed Code requirements. Each unit will have a separate driveway along Brightwater Drive accessing individual two-car garages. The design requires that cars continue to be backed out into the right-of-way to exit the site. The development will operate as and have the characteristics of single-family homes and will include individual garages. The site is located at the terminus of a cul-de-sac with little traffic. Driveways, a minimum of 20 feet in length, are provided for each unit. This will permit a vehicle to completely "back out" of the garage, thus eliminating the garage walls as a potential view obstruction of the sidewalk and street. From a traffic standpoint, this concept may be acceptable on a low volume cul-de-sac such as this. It should not be considered, however, as precedent for deviation from the engineering policy of permitting "back out" movement into the right-of-way for single-family residential uses only. The request is to permit attached dwellings within the Tourist District with a reduction in the side (east and west) setbacks from 10 feet to five feet (to building); reduction in the rear (north) setback from 10 feet to nine feet (to pool); and permit parking that is designed to back into the public right-of-way, under the provisions of Section 2-803 as a Comprehensive Infill Redevelopment Project and Section 3-1402 (C). Section 3-1402 provides that with the Mcd0502 8 OS/21/02 . . exception of parking spaces for detached dwellings, no off-street parking spaces shall be designed so that a vehicle is required to back into a public right-of-way. The proposal will bring the site into compliance with Code in terms of number and location of parking spaces and front and rear setbacks. The reduction in side (east and west) setbacks from 10 to five feet will allow a greater front setback with additional landscaping and a more economically, viable project. The Building Code requires an 18-foot separation between structures and the seawall. Adjustments may be reviewed by the Building Official. The Mediterranean architecture of the buildings will include neutral-color (sand) stucco, terra-cotta color barrel tile roof, and a significant number of windows and balconies on all elevations. The trim and detail color will be terra cotta. The building will also be articulated with the eastern-most units setback 25 feet farther to the north than the western-most units. This will provide for greater interest and landscaping along Brightwater Drive. The landscape plan exceeds the requirements of Code utilizing a variety of colorful groundcovers (including lantana and Aztec grass), shrubs (including Indian hawthorn and viburnum) and Sabal palms. The landscape plan also includes a variety of interesting specimen plants including variegated ginger and Bird of Paradise. The applicant will remove all signs. No new signs are proposed with this development. Solid waste will be removed via black barrel service for each unit. All required Parks and Recreation fees will be required to be paid prior to the issuance of any building permits. All stormwater requirements have been met. The Planning Department recommends approval of the Flexible Development application for Flexible Development approval to permit attached dwellings within the Tourist District with a reduction in the side (east and west) setbacks from 10 feet to five feet (to building); reduction in the rear (north) setback from 10 feet to nine feet (to pool); and permit parking that is designed to back into the public right-of-way, under the provisions of Section 2- 803 as a Comprehensive Infill Redevelopment Project and Section 3-1402 (C) for the site at 200 Brightwater Drive, with the following bases and conditions: Bases for Approval: 1) The proposal complies with the Flexible Development criteria as a Comprehensive Infill Redevelopment Project per Section 2-804 B; 2) The proposal complies with the Flexible Development criteria for docks per Section 3-601.C.3; 3) The proposal is in compliance with other standards in the Code including the General Applicability Criteria per Section 3-913; and 4) The development is compatible with the surrounding area and will enhance other redevelopment efforts; Conditions of approval: 1) That the final design and color of the building be consistent with the conceptual elevations submitted or as modified by the CDB; 2) That any future dock meet Code requirements; 3) That all required Parks and Recreation fees will be required to be paid prior to the issuance of any building permits; and 4) That all applicable requirements of Chapter 39 of the Building Code be met related to seawall setbacks. In response to a question, Housh Ghovaee, Representative, stated the current docks will be removed and replaced with a new catwalk and docks, which will require permits and adherence to State regulations. A public hearing will be necessary if the docks are larger than 500 square feet. Mcd0502 9 OS/21/02 . . In response to a question, Planning Director Cyndi Tarapani said the project will be credited for previous uses and pay Parks & Recreation fees for additional uses. In response to a comment, Senior Planner Wayne Wells agreed the building to the west also has a 5-foot setback. Member Gildersleeve moved to approve the Flexible Development application for Flexible Development approval to permit attached dwellings within the Tourist District with a reduction in the side (east and west) setbacks from 10 feet to five feet (to building); reduction in the rear (north) setback from 10 feet to nine feet (to pool); and permit parking that is designed to back into the public right-of-way, under the provisions of Section 2-803 as a Comprehensive Infill Redevelopment Project and Section 3-1402 (C) for the site at 200 Brightwater Drive, with the following bases and conditions: Bases for Approval: 1) The proposal complies with the Flexible Development criteria as a Comprehensive Infill Redevelopment Project per Section 2- 804 B; 2) The proposal complies with the Flexible Development criteria for docks per Section 3- 601.C.3; 3) The proposal is in compliance with other standards in the Code including the General Applicability Criteria per Section 3-913; and 4) The development is compatible with the surrounding area and will enhance other redevelopment efforts; Conditions of approval: 1) That the final design and color of the building be consistent with the conceptual elevations submitted or as modified by the CDB; 2) That any future dock meet Code requirements; 3) That all required Parks and Recreation fees will be required to be paid prior to the issuance of any building permits; and 4) That all applicable requirements of Chapter 39 of the Building Code be met related to seawall setbacks. E. CONTINUED ITEMS: (Items 1-2): 1. Case: ANX 02-02-04 - 2301 Chautauqua Avenue (Proposed) Level Three Application- continued item Owner/Applicant: Lawrence H. Dimmitt, III & Larry H. Dimmitt, Jr. Agent: Harry S. Cline Esquire Location: 23.0 acres located on the east side of Chautauqua Avenue and west of Lake Chautauqua, approximately 700 feet east of U. S. 19 North. Atlas Pages: 233A & 244A. Request: Annexation of 23.0 acres to the City of Clearwater (Land Use Plan amendment and Rezoning pending # LUZ 02-02-02.) Presenter: Gina Clayton, Long Range Planning Manager. This annexation involves four parcels of land consisting of Metes and Bounds 24/03, 24/04,31/01 and Lot 4, Block 38, Unit NO.1 - Section A Chautauqua "On the Lake," which are located on the east side of Chautauqua Avenue, west of Lake Chautauqua, approximately 700 feet east of U.S. 19 North. These properties are approximately 23.0 acres in area and are occupied by two single-family dwellings, tennis courts and other accessory structures. These properties are contiguous with the existing City boundaries to the north and east, therefore, the proposed annexation is consistent with Florida Statutes with regard to voluntary annexation. A companion application to change the Future Land Use Plan category of this site from Residential Suburban and Preservation to Residential Urban and Preservation, and to rezone it from Rural Residential (R-R) to Low Medium Density Residential (LMDR) is being processed concurrently with this annexation request in LUZ 02-02-03 (see agenda item C-3.) M~~~ 10 0~21ro2 !- . . Based on the above analysis, the Planning Department recommends approval of the annexation of properties located at 2301 Chautauqua Avenue. In response to a question, Long Range Planning Manager Gina Clayton stated the applicant is aware the annexation will proceed, whether or not the Land Use Plan Amendment and Rezoning requests in Item E2 are approved. Member Hooper moved to approve the annexation of properties located at 2301 Chautauqua Avenue. The motion was duly seconded and carried unanimously. 2. Case: LUZ 02-02-03 - 2301 Chautauqua Avenue (Proposed) Level Three Application Owner/Applicant: Lawrence H. Dimmitt, III & Larry H. Dimmitt, Jr. Agent: Harry S. Cline, Esquire. Location: 23.0 acres located on the east side of Chautauqua Avenue and west of Lake Chautauqua Avenue, approximately 700 feet east of U. S. 19 North. Atlas Pages: 233A & 244A. Request: (a) Land Use Plan amendment from RS, Residential Suburban & P, Preservation (County) to RU, Residential Urban and P, Preservation (City) (Pending Case ANX 02-02-04); and (b) Rezoning from R-R, Rural Residential District (County) to LMDR, Low Medium Density Residential & P, Preservation Districts (City) (Pending Case ANX 02-02-04). Presenter: Gina Clayton, Long Range Planning Manager. This Future Land Use Plan amendment and rezoning application is requested by the applicants in order to allow residential development (attached townhouses) at 7.5 units per acre on this vacant 23 acre site. The subject site is located on the east side of Chautauqua Avenue and west of Lake Chautauqua, approximately 700 feet east of U.S. Highway 19 North. Two single-family dwellings, tennis courts and other accessory structures occupy the site. Wetlands, approximately 2.56 acres in area, are located adjacent to Lake Chautauqua and a pond is located in the northeasterly portion of the site. This site is now in the County and is zoned Rural Residential (R-R). The majority of the site has a Future Land Use Plan (FLUP) classification of Residential Suburban (RS), which permits 2.5 dwelling units per acre and the most easterly portion of the site has a designation of Preservation (P). A companion application to annex the subject property into the City of Clearwater is being processed concurrently with this land use plan amendment and rezoning ANX 02-02-04 (see Agenda Item C-2). In accordance with the Countywide Plan Rules, the land use plan amendment is subject to approval by the Pinellas Planning Council and Board of County Commissioners acting as the Countywide Planning Authority. Due to the size of the plan amendment, review and approval by the Department of Community Affairs is required. The Planning Department recommends: Amend the Future Land Use Plan designations of 2301 Chautauqua Avenue from Residential Suburban and Preservation to Residential Urban and Preservation; and Amend the Zoning District designations of 2301 Chautauqua Avenue from Rural Residential (R-R)/County to Low Medium Density Residential (MHDR) and Preservation (P). Mcd0502 11 OS/21/02 . . In response to a question, Ms. Clayton said the traffic study addresses impacts on US 19N. The project would require roads south of the site to be widened, at the developer's expense. The projected impact on US 19N would be less than 1 %, which is considered insignificant. In response to a question, Ms. Clayton said the project proposes to cluster development away from stands of trees and sensitive environments. Multi-family housing has less traffic impact than single-family residences. The applicants' tree survey of the property, which is not final, has identified a significant number of trees greater than 4 inches in diameter. Harry Cline, Representative, said the parcel cannot be developed with single-family residences as 900-feet on the parcel's west side is contiguous with a commercial use. He said the proposed zoning is the lowest level of density the property owner can market. Robert Pergolizzi, Representative, submitted his resume, indicating he is a Certified Planner with relevant experience in land use/zoning, DRI traffic studies, roadway corridor planning/alternative systems studies, traffic operation studies/designs, and access permits. He testified that large lots on this site are not appropriate as no buffer exists with commercial uses. He said zoning that allows 7.5-units per acre would serve as a transition between commercial property and 2.5-unit per acre zoning. He displayed a map of US 19N, between Gulf-to-Bay Boulevard and SR 580, and stated current zoning is an anomaly, when compared with other properties near the highway. He supported the staff report on issues related to traffic impacts. FOOT (Florida Department of Transportation) plans to channelize the median opening at 1st Avenue to allow southbound US 19N traffic to turn left at the intersection but block 1st Avenue traffic from turning left onto US 19N and heading south. Member Gildersleeve moved that Robert Pergolizzi is qualified as an expert witness for issues related to planning and transportation. The motion was duly seconded and carried u nan i mously. Mr. Cline stated six nearby residents have sent a volume of mail and e-mails objecting to the request. He said the proposal will not expand retail or commercial uses onto the subject property. The project will not develop land zoned for preservation. He said the low density zoning designation next to a commercial property has not encouraged development. While parking is a permitted use under Low Medium Density Residential zoning, he testified the property owner would not use the site for that purpose and had withdrawn a related application with the County. He said the proposed changes provide a good solution. Six people spoke in opposition to the request, stating the development will harm the neighborhood's ambiance and create traffic pollution. It was felt the road provides an adequate buffer from commercial uses. Ms. Tarapani said a traffic study was required for the proposed project. In response to a question, she indicated single-family residences produce more trips per unit than town homes as houses are larger and have more residents. In response to a question, Mr. Pergolizzi said the site's current zoning is rural residential, permitting 2.5 units per acre, each up to 45 feet in height. It was felt the site differs from other properties near US 19N as it backs up to Lake Chautauqua. Mr. Cline said the City is not prepared to purchase the property for a park. It was noted the COB must approve the site plan and that related traffic issues will be resolved. It was Mcd0502 12 OS/21/02 .. . . indicated the applicant could have requested significantly denser zoning. Concern was expressed the area is unique and rural and should retain its single-family residence zoning. It was stated neighborhood homeowners had purchased their properties based on the area's rural atmosphere. Concern was expressed the proposed density is too great and triples current zoning limits. Member Hooper moved to amend the Future Land Use Plan designations of 2301 Chautauqua Avenue from Residential Suburban and Preservation to Residential Urban and Preservation. The motion was duly seconded. Members Hooper, Doran, and Gildersleeve, and Alternate Member Milam voted "Aye"; Members Moran and Plisko and Vice-Chair Petersen voted "Nay." Motion carried. Member Hooper moved to amend the Zoning District designations of 2301 Chautauqua Avenue from Rural Residential (R-R)/County to Low Medium Density Residential (MHDR) and Preservation (P). The motion was duly seconded. Members Hooper, Doran, and Gildersleeve, and Alternate Member Milam voted "Aye"; Members Moran and Plisko and Vice-Chair Petersen voted "Nay." Motion carried. F. DIRECTOR'S ITEMS: Ms. Tarapani suggested the July meeting be rescheduled. Member Gildersleeve moved to reschedule the July 2002 COB meeting to July 23, 2002. The motion was duly seconded and carried unanimously. Ms. Tarapani reported at the June 18, 2002 meeting, sign litigation and the Island Estates overlay district will be discussed. G. ADJOURNMENT The meeting adjourned at 3:35 p.m. Mcd0502 13 OS/21/02 , o . >- I- Revised 5/20/02 u AGENDA FILE fu) D~/07 /u] COMMUNITY DEVELOPMENT BOARD Date: Tuesday, May 21,2002 Time: 2:00 pm Place: 112 South Osceola Street, 3rd Floor, Clearwater, Florida, 33756 (City Hall Commission Chambers) The City of Clearwater strongly supports and fully complies with the Americans with Disabilities Act (ADA). Please advise us at least 72 hours prior to the meeting if you require special accommodations. Assisted listening devices are available. Kindly refrain from using beepers, cellular telephones and other distracting devices during the meeting. Florida Statue 286.0105 states: Any person appealing a decision of this Board must have a record of the proceedings to support such appeal. If you have questions or concerns about a case, please contact the staff presenter from the Planning Department listed at the end of each agenda item at 727-562-4567. CALL TO ORDER, INVOCATION, PLEDGE OF ALLEGIANCE ROLLCALL Vice-Chair Petersen Doran Gildersleeve Hooper Moran Mazur Plisko Alternate member (Milam) City Staff A. APPROVAL OF MINUTES OF PREVIOUS MEETING: April 16, 2002 B. ELECTION OF OFFICERS: Chair and Vice Chair CDB agenda - 5/21/02 - Page 1 . . C. REQUEST FOR CONTINUANCE: The following case is requested to be continued to the June 18, 2002, CDB meeting. (Item 1): 1. Case: FL 02-02-03 - 18 Glendale Street Level Two Application Applicant: Mr. Scott Ogilvie. Location: O.lO-acres located on the north side of Glendale Street, approximately 150 feet west of Mandalay A venue. Atlas Page: 258A. Zoning: MHDR, Medium High Density Residential District. Request: Flexible Development approval to reduce the required front (south) setback from 25 feet to 1.6 feet (to deck) along Glendale Street and to reduce the side (west) setback from 10 feet to 1.9 feet (to deck), as a Residential Infill Project under the provisions of Section 2-404. Proposed Use: A 264 square foot wood deck as accessory to an existing dwelling. Presenter: Wayne Wells, Senior Planner. D. CONSENT AGENDA: The following cases are not contested by the applicant, staff, neighboring property owner, etc. and will be approved by single vote at the beginning of the meeting. (Items 1-5) 1. Case: ANX 02-02-03 - 25633 U.S. 19 North Level Three Application - Continued item Owner/Applicant: Lawrence H. Dimmitt, III. Agent: Harry S. Cline Esquire. Location: 1.04 acres located on the east side of U.S. 19 North and west of Lake Chautauqua and north of First A venue North. Atlas Page: 233A. Request: (a) Annexation of 1.04 acres to the City of Clearwater; (b) Land Use Plan amendment from R101R, Residential/OfficelRetail (County) to R101R, Residential/OfficelRetail (City); and (c) Rezoning from CP-I, Commercial Parkway District (County) to C, Commercial District (Clearwater). Presenter: Gina Clayton, Long Range Planning Manager. 2. Case: ANX 02-03-05 - 1931 East Skyline Drive Level Three Application Owner/Applicant: Lois A. Conley. Location: 0.17 acres located on the east side of East Skyline Drive, approximately 450 feet north of Sunset Point Road. Atlas Page: 254B. Request: (a) Annexation of 0.17 acres to the City of Clearwater; (b) Land Use Plan amendment from RL, Residential Low (County) to RL, Residential Low (Clearwater); and (c) Rezoning from R-3, Residential, Single Family District (County) to LMDR, Low Medium Density Residential District (Clearwater). Presenter: Gina Clayton, Long Range Planning Manager. CDB agenda - 5/21/02 - Page 2 * 4. I 3. Case: LUZ 02-02-_ 2551 Ham Boulevard Level Three .ication Owner/Applicant: James G. Nichols & Anastesia S. NicholslLong Bow Corporation. Location: 0.74 acres located on the south side of Ham Boulevard, approximately 420 feet west of U.S. 19 North. Atlas Page: 309B. Request: (a) Land Use Plan amendment from CG, Commercial General Classification to RH, Residential High Classification; and (b) Rezoning from C, Commercial District to MHDR, Medium High Density Residential District. Presenter: Gina Clayton, Long Range Planning Manager. Case: FL 02-03-07 - 1751 Gulf to Bay Boulevard Level Two Application Owner/Applicant: Mr. Peter Gianfilippo. Representative: Mr. Kevin Scherer. Location: 0.576 acres located on the southwest comer of Gulf to Bay Boulevard and Phoenix Avenue. Atlas Page: 297B. Zoning: C, Commercial District. Request: Flexible Development request to: (1) permit vehicle sales and display in the Commercial District adjacent to residentially zoned property with outdoor display of vehicles; (2) reduce the minimum lot area from 40,000 square feet to 25,087 square feet, (3) reduce the minimum lot width from 200 feet to 135 feet, (4) reduce the front (north) setback along Gulf to Bay Boulevard from 25 feet to 15 feet to pavement, (5) reduce the front (east) setback along Phoenix A venue from 25 feet to one foot to existing building and to 10 feet to pavement, (6) reduce the side (south) setback from 10 feet to zero feet to dumpster and to five feet to building and pavement, (7) reduce the side (west) setback from 10 feet to five feet to building and pavement, (8) increase the gross floor area of an existing, accessory dwelling from 25 percent (1,534 square feet) to 30.4 percent (1,868 square feet) of the principal use, and (9) reduce the required number of parking spaces from 17 spaces to 12 spaces, as part of a Comprehensive Infill Redevelopment Project under the provisions of Section 2-704.B, with a Comprehensive Landscape Program under the provisions of Section 3-1202. Proposed Use: A 6,138 square foot car dealership with indoor and outdoor display, an existing 1,868 square foot attached, second-floor accessory dwelling and existing 1,472 square foot garage/office. Presenter: Wayne M. Wells, Senior Planner. 5. Case: FL 02-03-08 - 200 Brightwater Drive Level Two Application Owner: Ms. Elfriede Siedler. Applicant: Mr. Roland Rogers. Representative: Mr. Housh Ghovaee, Northside Engineering, Inc. Location: 0.54 acres located on the north side of Brightwater Drive, approximately 1,500 feet east of Harnden Drive. Atlas Page: 276 A. Zoning: T, Tourist District. Request: Flexible Development approval to permit attached dwellings within the Tourist District with a reduction in the side (east and west) setbacks from 10 feet to five feet (to building); reduction in the rear (north) setback from 10 feet to nine feet (to pool); and permit parking that is designed to back into the public right-of-way, under provisions of Section 2-803 as a Comprehensive Infill Redevelopment Project and Section 3-1402 (C). Proposed Use: A 33,660 square foot building with 10 attached dwelling units. Presenter: Wayne Wells, Senior Planner. CDB agenda - 5/21/02 - Page 3 . E. CONTINUED IT.: (Items 1-2): . 1. Case: ANX 02-02-04 - 2301 Chautauqua A venue (Proposed) Level Three Application- continued item Owner/Applicant: Lawrence H. Dimmitt, ITI & Larry H. Dimmitt, Jr. Agent: Harry S. Cline Esquire Location: 23.0 acres located on the east side of Chautauqua A venue and west of Lake Chautauqua, approximately 700 feet east of U. S. 19 North. Atlas Pages: 233A & 244A. Request: Annexation of 23.0 acres to the City of Clearwater (Land Use Plan amendment and Rezoning pending # LUZ 02-02-02.) Presenter: Gina Clayton, Long Range Planning Manager. 2. Case: LUZ 02-02-03 - 2301 Chautauqua A venue (Proposed) Level Three Application Owner/Applicant: Lawrence H. Dimmitt, ITI & Larry H. Dimmitt, Jf. Agent: Harry S. Cline, Esquire. Location: 23.0 acres located on the east side of Chautauqua A venue and west of Lake Chautauqua Avenue, approximately 700 feet east of U. S. 19 North. Atlas Pages: 233A & 244A. Request: (a) Land Use Plan amendment from RS, Residential Suburban & P, Preservation (County) to RU, Residential Urban and P, Preservation (City) (Pending Case ANX 02-02-04); and (b) Rezoning from R-R, Rural Residential District (County) to LMDR, Low Medium Density Residential & P, Preservation Districts (City) (Pending Case ANX 02-02-04). Presenter: Gina Clayton, Long Range Planning Manager. F. DIRECTOR'S ITEMS: G. ADJOURNMENT S:\Planning Departmenf'.,c D Blagenoos DRC & CDB\CD/II200NJ5 - MAY\CDB consent agenda May 21, 2002.doc CDB agenda - 5/21/02 - Page 4 I , . . CDB Meeting Date: May 21. 2002 Case Number: FL 02-03-07 Agenda Item: El OWNER/APPLICANT: LOCATION: REQUEST: PLANS REVIEWED: SITE INFORMATION: PROPERTY SIZE: DIMENSIONS OF SITE: PROPERTY USE: Current Use: Proposed Use: CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT Peter Gianfilippo 1751 Gulf to Bay Boulevard Flexible Development request to: (1) permit vehicle sales and display in the Commercial District adjacent to residentially zoned property with outdoor display of vehicles; (2) reduce the minimum lot area from 40,000 square feet to 25,087 square feet, (3) reduce the minimum lot width from 200 feet to 135 feet, (4) reduce the front (north) setback along Gulf to Bay Boulevard from 25 feet to 15 feet to pavement, (5) reduce the front (east) setback along Phoenix Ave- nue from 25 feet to one foot to existing building and to 10 feet to pavement, (6) reduce the side (south) setback from 10 feet to zero feet to dumpster and to five feet to building and pavement, (7) re- duce the side (west) setback from 10 feet to five feet to building and pavement, (8) increase the gross floor area of an existing, accessory dwelling from 25 percent (1,534 square feet) to 30.4 percent (1,868 square feet) of the principal use, and (9) reduce the required number of parking spaces from 17 spaces to 12 spaces, as part of a Compre- hensive Infill Redevelopment Project under the provisions of Sec- tion 2-704.B, with a Comprehensive Landscape Program under the provisions of Section 3-1202. Site plan submitted by Kevin Scherer and Robert Gregg 0.575 acres; 25,087 square feet 135 feet of width along Gulf to Bay Boulevard by 182.5 feet of depth along Phoenix Avenue Retail sales and service (closed - Ace Liquors) Vehicle display and sales (with indoor and outdoor display) Page 1 . . PLAN CATEGORY: CG, Commercial General Classification ZONING DISTRICT: C, Commercial District ADJACENT LAND USES: North: Church and motel West: Motel East: Automobile service station and multi-family residential South: Single-family dwelling CHARACTER OF THE IMMEDIATE VICINITY: Nonresidential uses dominate Gulf to Bay Boulevard, while residential uses are located to the south. ANALYSIS: The rectangular site is 0.575 acres located at the southwest comer of Gulf to Bay Boulevard and Phoenix Avenue, approximately 600 feet west of Keene Road. The site has been developed commercially in the past for the retail sales of alcoholic beverages (Ace Liquor). The building has been vacant for at least a year. There is a second-floor, 1,868 square-foot, accessory dwelling on the south side of the main building. A two-story accessory building is located in the southwest comer of the site with a ground-floor garage and a second-floor apartment. The existing site is almost completely covered by impervious surfaces. Adjacent land uses fronting on either side of Gulf to Bay Boulevard are nonresidential and primarily commercial in character. An automobile service station exists to the east, a motel to both the west and northwest and a church directly north across Gulf to Bay Boulevard. Properties to the south are zoned for and developed with residential uses. A single-family detached dwelling is directly adjacent to the south, with a multi-family building to the southeast. The applicant seeks to redevelop the property to permit a classic car sales establishment (PI's Auto World), a use permitted as Flexible Standard and Flexible Development uses in the Commercial District. The request for this use, however, is being processed as a Comprehensive Infill Redevelopment Project due to necessary deviations from the standards and criteria for this use. The principal building is 6,138 square feet on the ground floor, with the 1,868 square feet accessory dwelling on the second floor. The existing commercial building is basically square- shaped and windowless. The applicant proposes to create windows on the ground floor commercial area to permit views of the vehicles displayed indoors. The fa9ade of the building will be significantly improved through the installation of the windows, stucco wall finish, canvas awnings over the storefront windows and the construction of parapets to hide rooftop air condensers. These parapets will also help mask the second-floor accessory dwelling from view from Gulf to Bay Boulevard. Indoor vehicle display of 4,620 square feet is proposed, with the floor area balance being for offices and vehicle detailing. There is no vehicle repair proposed at this location. The color of the buildings need to be one of the two submitted color schemes (soft pink or soft peach) or a color scheme changed and acceptable to Staff. Page 2 . . The proposal includes retaining the existing second-floor, accessory dwelling. It is 30.4 percent of the principal use floor area, which exceeds the current Code limitation of 25 percent. By virtue of being on-site, this dwelling will help provide security for the premises. The accessory dwelling will be repainted to match the rest of the building. The site design eliminates a driveway on Gulf to Bay Boulevard, which will bring the site into conformance with a Flexible Development criteria for vehicle display and sales that requires frontage on, but no access to, a major arterial. The proposal includes the removal of pavement along Gulf to Bay Boulevard to create a IS-foot wide landscape area with tiered landscaping, enhanced with trees and ground cover, adjacent to the angled outdoor vehicle display area. The two driveways on Phoenix Avenue will be defined through the elimination of pavement both on- site and in the right-of-way. The northern driveway will be directional as an entrance-only access point, which is preferred due to its proximity to the intersection with Gulf to Bay Boulevard. Appropriate signage will need to be installed for this directional traffic flow. The proposal includes a setback reduction from 10 feet to five feet to pavement and building along the south property line, and a six-foot high wood fence, hedge and trees as a buffer. Existing improvements restrict providing the full buffer width. A five-foot wide landscape area will also be created along the west property line. The removal of existing pavement and installation of landscaping will significantly enhance the appearance of this property, furthering redevelopment efforts along Gulf to Bay Boulevard. The proposal includes construction of a sidewalk and installation of trees and other landscaping within the Phoenix Avenue right-of-way, which will help soften the building views. The installation of landscaping within the right-of-way will require a right-of-way use permit. The hours of operation will be normal business day hours, generally Monday through Saturday between 9:00 a.m. and 6:00 p.m. (or 7:00 p.m. during daylight savings days). The proposal includes a reduction in the required amount of parking for the vehicle display and sales from 17 to 12 spaces. There are 2,080 square feet of outdoor vehicle display area and 4,620 square feet of indoor vehicle display area proposed. The applicant has indicated that many of his vehicles are sold over the internet, which reduces the need for on-site parking. Buyers of classic cars are looking at specific vehicles, arrive educated and spend less time on the site. A major reason the applicant has chosen a Gulf to Bay Boulevard location is the construction of the new bridge and rerouting of traffic to Court Street, which will reduce the visibility of his other location at 1370 Cleveland Street. Customers at the subject property will also be directed to the Cleveland Street store. As few as 10 to 15 customers a day are anticipated and many are tourists who spend an average of 20 minutes window-shopping. Delivery of "new" vehicles is usually one at a time. The delivery transport truck will need to be on-site and not within any right-of-way. The total impervious area will be reduced from 98.5 percent to 80.1 percent. With this reduction, the site is exempt from providing on-site stormwater retention. Code requires 10 percent of the vehicular use area to be interior islands to break up the pavement areas. The proposal provides 5.1 percent interior landscaping, which is acceptable under the provisions of a Comprehensive Landscape Program. The dumpster enclosure will be located at the southeast comer of the property, adjacent to the single-family dwelling. The enclosure is angled for ease of truck pickup and set back 12 feet from the Phoenix Avenue property line outside of visibility triangle Page 3 . . requirements. The comer of the enclosure is situated right along the south property line, which is the most optimal for this site. Existing signs on the site include two attached signs on the main building, a freestanding pole sign along Gulf to Bay Boulevard and a freestanding sign (billboard) in the northwest comer of the property. That sign is illegal and the property owner and sign owner have been found in violation of City Sign Code provisions. This billboard will need to be removed or brought into compliance with all applicable sign ordinances prior to the issuance of any building permit for this property. All other existing nonconforming signs will need to be brought into compliance with Code as part of this application. The applicant has proposed modifying the existing pole sign in the northeast comer of the property for the proposed use. The applicant has indicated that the Sign Code will be met. Sign Code provisions will limit the site to a maximum of two freestanding signs with a total sign area of 20 square feet, a maximum attached signage of 20 square feet, and a maximum window signage of eight square feet per window, not to exceed a cumulative of24 square feet. All signs need to be architecturally integrated into the design of the site and building. Should the applicant seek approval of a Comprehensive Sign Program at a later date, Staff would recommend one monument sign along Gulf to Bay Boulevard with sign area meeting Code, a maximum height of eight feet and with a solid base coordinated with the design and color of the building. CODE ENFORCEMENT ANALYSIS: The Municipal Code Enforcement Board found the property owner and sign owner in violation of Sign Code provisions for an illegal sign (billboard) on October 6, 2000. The Board required correction within 60 days after the Circuit Court's final judgment is entered or a fine of $250 per day will begin to run and will become a lien on the property. The Circuit Court case for National Advertising Co. v City of Clearwater is scheduled for trial on June 4-6, 2002. The City considers the property to be in violation of the Code of Ordinances. The City's previous Land Development Code required removal of the sign or compliance with Code provisions by January 19, 1996. It is the City's position that the sign became illegal as of that date, and that the previous Code sections carried over into the current Code by virtue of the transitional rules regarding amortization schedules. Legislation enacted in 2001 regarding certain billboards being removed as a condition of development approval and compensation for this is not applicable to the City of Clearwater per a specific exclusion. There is a lease between the property owner and National Advertising which may be cancelable or which may expire. This, however, is a private contractual matter between the two parties. The City has consistently taken the position with regard to other properties with similar illegal signs that no building permits will be issued until the sign is removed or sign compliance is achieved. None of the development proposals on these other properties have been in a posture to appear before the CDB. In order to be consistent with past City actions, the Board should place a condition upon approval that no building permit will be issued unless the existing sign is removed or compliance is met with all applicable sign ordinances. Page 4 . . A. COMPLIANCE WITH MAXIMUM DEVELOPMENT POTENTIAL STANDARD IN THE COMMERCIAL DISTRICT (Section 2-701.1): STANDARD REQUIRED/ EXISTING PROPOSED IN PERMITTED COMPLIANCE? FLOOR AREA 0.55 0.378 0.378 Yes RATIO (FAR) IMPERVIOUS 0.95 0.99 0.812 Yes SURFACE RATIO (ISR) B. FLEXIBLE DEVELOPMENT STANDARDS FOR COMPREHENSIVE INFILL REDEVELOPMENT PROJECTS IN THE COMMERCIAL DISTRICT (Section 2-704): STANDARD PERMITTED/ EXISTING PROPOSED IN REQUIRED COMPLIANCE? LOT AREA N/A 25,087 square 25,087 square Yes (minimum) feet feet LOT WIDTH N/A 135 feet (along 135 feet (along Yes (minimum) Gulf to Bay Gulf to Bay Blvd) Blvd) FRONT N/A North: zero feet North: 15 feet to Yes SETBACK to pavement; 61 pavement; 61 to building; feet to building; East: zero feet to East: 10 feet to pavement; one pavement; one feet to building feet to building REAR N/A N/A N/A N/A SETBACK SIDE N/A South: zero feet South: five feet Yes SETBACK to pavement; to pavement and five feet to building; zero building; feet to dumpster West: zero feet enclosure; to pavement; West: five feet to five feet to pavement and building building HEIGHT N/A 24 feet 24 feet Yes maximum PARKING Determined by 32 spaces 14 spaces total Yes SPACES the Community (12 spaces for minimum Development the vehicle sales; Director based 2 spaces for the on the specific accessory use and! or ITE dwelling) Manual standards Page 5 e . C. FLEXIBILITY CRITERIA FOR COMPREHENSIVE INFILL REDEVELOPMENT PROJECTS IN THE COMMERCIAL DISTRICT (Section 2-704.B): 1. The development or redevelopment of the parcel proposed for development is otherwise impractical without deviations from the use, intensity and development standards. The applicant is requesting to redevelop the subject property for vehicle display and sales, which is permitted as a Flexible Standard and Flexible Development use in the Commercial District. The request is being processed and reviewed as a Comprehensive Infill Redevelopment Project because the site cannot be developed for vehicle display and sales without deviations from the development standards and the Flexible Development criteria. The proposal includes reducing the minimum lot area from 40,000 square feet to 25,087 square feet and reducing the minimum lot width from 200 feet to 135 feet that is required for vehicle display and sales. These deviations requested provide for a smaller lot and smaller vehicle display area, however, the proposal is for the display and sales of classic, older cars on a limited scale. The site plan submitted provides for the outdoor display of only nine cars and 4,620 square feet of indoor display area which complies with the Flexible Development requirement of a minimum building floor area of 4,000 square feet. This site meets the lot area and lot width requirements for many other permitted uses in the Commercial District. The proposal includes a reduction in the required amount of parking for the vehicle display and sales from 17 to 12 spaces. Because many of the vehicles are sold via the internet, many buyers never visit the site, which reduces the need for on-site parking. Buyers of classic, older cars generally arrive educated and spend less time on the property. The applicant has indicated that as few as 10-15 customers a day are anticipated. Two parking spaces will be provided for the accessory dwelling. The site currently is almost entirely covered by impervious surfaces. The location of the existing buildings restricts the abilities to redesign the site for parking and display areas, while meeting parking design requirements. The Code setback requirements are 25-foot front and 10- foot side to building or pavement. Along Gulf to Bay Boulevard 15 feet will be provided, which is the minimum setback for parking lots as a Flexible Development. Pavement is proposed to be removed to varying depths from the Phoenix Avenue frontage to meet site constraints and Code requirements. Due to the location of the existing accessory building, a five-foot wide landscape buffer along the south and west sides of the property is provided. 2. The development of the parcel proposed for development as a Comprehensive Infill Redevelopment Project will not reduce the fair market value of abutting properties. The proposed vehicle display and sales use will help stabilize and enhance property values in the area by providing a redeveloped site and building. The building is presently Page 6 . . vacant, with the property currently assessed at a value of $389,100. With the redevelopment proposal, the assessed valuation is expected to increase to a minimum of approximately $500,000, which should have a beneficial effect on surrounding properties. 3. The uses within the Comprehensive Infill Redevelopment Project are otherwise permitted in the City of Clearwater. The City of Clearwater permits vehicle display and sales uses in the Commercial District as Flexible Standard and Flexible Development uses. 4. The use or mix of uses within the Comprehensive Infill Redevelopment Project is compatible with adjacent land uses. The subject property was developed commercially in the past for retail sales. Adjacent land uses to the east, north and west are nonresidential. Properties to the south and southeast are zoned for and developed with residential uses. The proposal includes the installation of a six-foot high wood fence along the south property line along with landscaping, which will sufficiently buffer the adjacent single-family dwelling. The proposed use should not generate any negative traffic impacts. With the site and building improvements proposed, the project is compatible with adjacent land uses. 5. Suitable sites for development or redevelopment of the uses of mix of uses within the Comprehensive Infill Redevelopment Project are not otherwise available in the City of Clearwater. The site has previously been developed for a retail sales establishment. While many sales of vehicle occur utilizing the internet, the applicant asserts that the location of a classic car display and sales establishment relies heavily upon high volume traffic on a major roadway and a highly visible site. A major reason the applicant has chosen a Gulf to Bay Boulevard location is the construction of the new bridge and rerouting of traffic to Court Street, which will reduce the visibility of his other location at 1370 Cleveland Street. While vehicle display area may be limited, the applicant believes this site can provide the necessary attributes for a successful classic car sales establishment within the applicant's price range. Customers will also be directed to the applicant's other classic car store on Cleveland Street. 6. The development of the parcel proposed for development as a Comprehensive Infill Redevelopment Project will upgrade the immediate vicinity of the parcel proposed for development. The proposed redevelopment of this property will benefit the community both functionally and aesthetically. Windows will be added to the building fa<;ades facing Gulf to Bay Boulevard and Phoenix Avenue to provide views of vehicles displayed indoors. The fa<;ade of the building will be upgraded, presenting a more aesthetically attractive building, including parapet walls to minimize views of the accessory dwelling and roof-top air condensers. The site otherwise is entirely paved, including the abutting rights-of-way. The applicant proposes to remove much of the pavement along the rights- Page 7 . . of-way and install extensive landscaping. An existing driveway on Gulf to Bay Boulevard is proposed to be removed, providing for additional landscaped area along Gulf to Bay Boulevard. The proposal includes a five-foot wide landscape buffer along the south property line, to include a six-foot high wood fence and landscaping, which will significantly improve the compatibility with the adjacent single-family dwelling. Due to the existing building being located one-foot from the east property line along Phoenix Avenue, the proposal includes the installation of plantings within the Phoenix Avenue right-of-way as a means of softening the building's impact and views from Phoenix Avenue. Redevelopment of this dilapidated site with an attractive building and landscaping will further enhance the Gulf to Bay Boulevard corridor. The proposed improvements will influence other like redevelopment efforts within this vicinity and along Gulf to Bay Boulevard generally. 7. The design of the proposed Comprehensive Infill Redevelopment Project creates a form and function which enhances the community character of the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. The proposed redevelopment of this site will influence other like improvements of properties within the vicinity and along Gulf to Bay Boulevard generally. The City will benefit by having a revitalized site and building. The proposal includes the significant fayade improvements to the existing windowless building and the installation of well- designed landscaping, with enhanced buffering for the residential dwelling to the south. The existing billboard will need to be removed or brought into compliance with all applicable sign ordinances prior to the issuance of any building permits for this property. All other signage will need to comply with Code as well, which will provide for two freestanding signs with a maximum total sign area of 20 square feet, a maximum 20 square feet of attached signage and a maximum eight square feet per window, not to exceed a cumulative of 24 square feet, of window signage. All signs need to be architecturally integrated into the design of the site and building. 8. Flexibility in regard to lot width, required setbacks, height and off-street parking are justified by the benefits to community character and the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. A reduction in setbacks and parking is requested to permit the redevelopment of this dilapidated site. The reductions are necessary to accommodate an attractive building with adequate parking to serve the proposed use. The proposed development will aesthetically enhance the Gulf to Bay Boulevard corridor and the immediate area and significantly enhance the site's compatibility with the single-family dwelling to the south. 9. Adequate off-street parking in the immediate vicinity according to the shared parking formula in Division 14 of Article 3 will be available to avoid on-street parking in the immediate vicinity of the parcel proposed for development. The applicant is requesting a reduction of required parking from 17 to 12 parking spaces. Two parking spaces will be provided for the accessory dwelling. Much of the applicant's Page 8 . . business is conducted over the internet and not by walk in traffic. Buyers of classic, older cars generally arrive educated and spend less time on-site. The applicant is providing the two required parking spaces for the accessory dwelling. Due to the nature of this automobile dealer, the parking spaces proposed will be adequate. D. GENERAL APPLICABILITY (Section 3-913): Conditions which are imposed by the Community Development Coordinator and the Community Development Board pursuant to a Level One or a Level Two Approval shall ensure that: 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 area along Gulf to Bay Boulevard is characterized as nonresidential, dominated with commercial uses. This proposal includes redeveloping an existing windowless building to one with windows oriented toward Gulf to Bay Boulevard and Phoenix Avenue. The fayade improvements will help transform this building into a more attractive one. Landscaping and enhanced buffering along all perimeters of the property will be installed. The improvements will further redevelopment efforts along Gulf to Bay Boulevard. 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 site is zoned Commercial District and the character and intensity of the proposed development will be in compliance with that zoning classification. The proposed development may encourage the like-redevelopment of other sites. Property values in the area should be enhanced by providing a redeveloped site with a remodeled building and increased landscaping. 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 proposed vehicle display and sales use should not create any adverse health or safety impacts in the neighborhood. The proposal includes landscaping in excess of Code requirements. A sidewalk will be constructed within the Phoenix Avenue right-of-way, providing for safe pedestrian traffic adjacent to this property. An existing driveway on Gulf to Bay Boulevard is also being removed, which will increase safety of motorists and pedestrians. 4. The proposed development is designed to minimize traffic congestion. The site presently has one driveway on Gulf to Bay Boulevard. This driveway is being removed with this proposal, which will improve traffic levels of service on that road. The frontage along Phoenix Avenue is one, common driveway with on-street parking. Much of the existing pavement will be removed within this right-of-way, defining the driveways Page 9 . . that will be retained. The northern driveway will be an entrance-only driveway, which will reduce traffic congestion at that intersection. Appropriate signage to identify the intended traffic flow will need to be installed. The applicant has submitted information regarding necessary parking, wherein less parking will be required than Code requires. Outdoor display of vehicles will need to be confined to the area along Gulf to Bay Boulevard, and not encroach into any required customer or employee parking space or within any drive aisle or driveway. Anyon-loading or off-loading of vehicles from any transport vehicle will occur on-site. 5. The proposed development is consistent with the community character of the immediate vicinity of the parcel proposed for development. The proposed development is consistent with the commercial character of the immediate vicinity and will raise the design standards, through attractive architecture, well-designed landscaping and improved signage. 6. The design of the proposed development minimizes adverse effects, including visual, acoustic and olfactory and hours of operation impacts, on adjacent properties. The hours of operation will be normal business day hours, generally Monday through Saturday between 9:00 a.m. and 6:00 p.m. (or 7:00 p.m. during daylight savings days). The dumpster will be fully enclosed and located for ease of truck pickup outside of the visibility triangle. To minimize audible impacts on adjacent residential uses, no outdoor paging system or phone ringer system should be installed for the business. Vehicle display will be located adjacent to Gulf to Bay Boulevard, away from the residential uses. The landscape buffer, including the six feet high wood fence along the south property line, will help mitigate any potential negative impacts of the commercial business on the adjacent residential dwelling. SUMMARY AND RECOMMENDATION: The application and supporting materials were reviewed by the Development Review Committee on April 11, 2002. The Planning Department recommends APPROVAL of the Flexible Development application to: (1) permit vehicle sales and display in the Commercial District adjacent to residentially zoned property with outdoor display of vehicles; (2) reduce the minimum lot area from 40,000 square feet to 25,087 square feet, (3) reduce the minimum lot width from 200 feet to 13 5 feet, (4) reduce the front (north) setback along Gulf to Bay Boulevard from 25 feet to 15 feet to pavement, (5) reduce the front (east) setback along Phoenix Avenue from 25 feet to one foot to existing building and to 10 feet to pavement, (6) reduce the side (south) setback from 10 feet to zero feet to dumpster and to five feet to building and pavement, (7) reduce the side (west) setback from 10 feet to five feet to building and pavement, (8) increase the gross floor area of an existing, accessory dwelling from 25 percent (1,534 square feet) to 30.4 percent (1,868 square feet) of the principal use, and (9) reduce the required number of parking spaces from 17 spaces to 12 spaces, as part of a Comprehensive Infill Redevelopment Project under the provisions of Section 2-704.B, with a Comprehensive Landscape Program under the provisions of Section 3-1202, for the site at 1751 Gulfto Bay Boulevard, with the following bases and conditions: Page 10 . . Bases for Approval: 1. The proposal complies with the Flexible Development criteria as a Comprehensive Infill Redevelopment Project per Section 2-704.B. 2. The proposal is in compliance with other standards in the Code including the General Applicability Criteria per Section 3-913. 3. The development is compatible with the surrounding area and will enhance other redevelopment efforts. 4. The proposal complies with the Flexible Development criteria as a Comprehensive Landscape Program under the provisions of Section 3-1202.G. Conditions of Approval: 1. That the vehicle display and sales be limited to classic, older cars and any change in the type of vehicle sales be evaluated for complementary operational characteristic and parking demand, and may require approval by the Community Development Board (CDB); 2. That outdoor vehicle display not encroach into any customer or employee parking space, drive aisles or greenspace area and be confined to the northernmost, angled parking area; 3. That the on-loading or off-loading of vehicles from any transport vehicle occur on-site and not within any abutting right-of-way; 4. That appropriate signage acceptable to the Traffic Operations Division be installed for the entrance-only northern driveway on Phoenix Avenue; 5. That no building permit be issued until the billboard is removed or compliance is achieved with all applicable sign ordinances; 6. That signage be architecturally integrated into the design of the site and building and meet Code (limited to a maximum of two freestanding signs with a total maximum sign area of 20 square feet, a maximum attached signage of 20 square feet, and a maximum window signage of eight square feet per window, not to exceed a cumulative of24 square feet); 7. That the design of the buildings be consistent with the conceptual elevations submitted to, or as modified by the CDB, and that color of the buildings be one of the two submitted color schemes, or as changed and acceptable to Staff; 8. That no outdoor loud speaker/public address or phone ringer system be permitted; 9. That the accessory building not be used, leased or rented separately from the principal use and not used as a dwelling; 10. That a City right-of-way permit be obtained for the awning and landscaping along Phoenix Avenue; and 11. That the landscape plan be amended to include additional plantings along Phoenix Avenue in the sight triangles, including jasmine and sable palms (with a clear trunk of 10 feet), to the satisfaction of Staff, prior to the issuance of any permits. Prepared by Planning Department Staff: _lh~ "'- 1"\, l J D~ Wayne . Wells, AICP, Senior Planner ATTACHMENTS: Aerial Photograph of Site and Vicinity Location Map Zoning Atlas Map Application Page 11 ~ NDRTH 1" 1320' Location Map Michael C Lawcrence 1751 Gulf to Bay Blvd FL 02-03-07 ADMIRAL WOOOSON lA I~I N . ~ HIBISCUS ST, "I rs . I IE "' i? II> " >' VJ .. 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W w t ~~ ::> 5 4 3 2 1 ::> 4 3 2 1 33 ." ___~EPLAT C z z w 4 .3 2 1 "il ~ ~ ::> il> 511 : z '" 6 512 '" 511 510 ~ 511 ...... 510 513 7 513 6 5 512 5136 CO 5 '" 512 I 515 9 8 074 X [51b 19-100 '" 517 516 151\ Jt h~ 514 '" 515 t':l 01<1 II> r--- . =-=- z 70 0 8 7 0 519 11 ...J 10 520 ~ CE ...... :::E J: ~~~ /, ~,~ g 519 f\9 518 I ::> f--~522 0.. t\ 9 520 521 10 t: ...J 525 13 r: I.L. ... 0 525 0- t\ i::.:... 524 \.: V 522 32/ 523 '-.: '/ 522 a:: <( 15 \" :/~ 526 52512 11 524 12 0 527 ::...: 14528 525 11 <J a::: !932/ TOWN CENTER 526 531 '""": 530 529 14 1 3 528 52714 13 526 w CONDOO 533 17 ~_'65~ z A, 538 W !Z3132/ ~2 535 536 16 . 15 UJ 19 ~ 18 5331 6 15 530 ~ 537 ~f$2 538 ~ 535 534 535 541 21 18 32/ 20 540 17 18 17 4. I ~ I ,..: 0 g FLEXIBLE DEVELOPMENT REQUEST to ~ ~ -0 ~ OWNER: Michael C. Lawerence CASE FL 02-03-07 ~ ~ 1751 Gulf to Bay Boulevard I PROPERTY SIZE (ACRES): 0.58 i SITE: ii ~ tl PIN: 14129115185960100310010 .'" 2 ATLAS Q. 2978 -0 PAGE: c: ~ w 1"+/ VI 1'1 210 IL 'L ,~ '- 4 2 210 209 f---- --- 215 215 13 13 13 13 215 14/08 212 215 13 212 215 212 13 5 3 216 219 14/09 0 14 14 14 <:> 14 14 14 0 <:> 6 4 216 '" '" ~ 219 ~ 219 218 !:: 223 RAINBOW DRIVE 301 C~:g~ Ol _~I 301 !:: ~ ;;;; ~ ...,,, '" - 300 . 301 ~~!:;:;;: gs :;;: ~ 300 ~ ~{'-.(t!_ ~ i2 f;; f:; 300 W ..... O')l() l'-.. - 0-- ~ ~~ ~ i( ~ 301 ~ ~ ~ ~ ::> <:> cc 0 ~ 1"""" ~ ~ !:: 8 300 ~~ 1 ~ ~ """" ~~~~ --........... ~t::t::8-302 -< """ ""to-to- ~ I 302 --.......... --... ..... ..... - ..... ............. ..... C 303 -< 303 303 1 1 302 303 1 8 302 301 1 , 304 304 305 0:: 305 305 304 305 304 -< 2 2 E306 }!:! 2 7 z 2 2 II) 7 0:: 306 0:: 2 307 - - 0:: 307 306 i2 307 -< 307 307 ::E 306 309 308 ~ 309 308 -< 309 308 3 6 310 3 6 II) 308 rn 3 3 3 310 3 6 ::> 311 vi 311 310 Z 309 311 310 ~ 401 400 r-- .- 400 ,,"' 401 403 400 4 4 5 4 5 4 vi 4 5 403 40Z 403 402 4 vi 311 401 402 404 405 404 14/10 14/11 14/16 14/17 407 O~ 14/21 >- "N <:: 406 407 406 ~ ~ 0 ce 14/23 \ ~ ~ 14/12 408 e u ,.., 0 . 40j <(\0; ~~ ~ o IX) "" 410 ~ I ( ~ n ... 412 v:(t'4$ ~5 ;j " OJ 0J ~ '" ... 14/14 11014/19 C;j 0J <)) - 14/13 14 /10" 0J CJ _ -< fl, ~ "" 414 ppO t ;'0' ~2g '<;t 14/24 <:> ..,. 0 ~ I Tlla IS lOT A h z <:> ~ 1nl>d.0. ~ <l:l SUIIwY :5 ::: -< !:: 416 t ., " to- t) t t t ~ ~ z ::> GULF TO BAY BLVD 0 <ri S~R. 60 'ce ,IV1\) ~ I""", ;;;; g;-~ llQ!' ,::, '" "'to- O)- '" to-- ~. ~ " \-- -.: ~t:: ~ ..,...,. ..,...,. ..,.", ~~ ~J\ , ;;: ""'" 0) <:;~ ~t. to-l'- ~~ t~ "to- ~~ "" <>:I 0) a'll rV': -- ()I\ t:: ~~ t:: ~ <>:I.. \ cg1 )~ ~:n -I:' "t~ 2 1 ., ~\,i '" 0.( 4 ~/ W 4 3 2 1 ~ .ndi z ::> --_.....1 ~ .. '\i .1 ,,; z 1 511 I 6 512 -< ~~ lfe ~"'V' 510 ~ 511 510 513 7 5 512 -< 5136 5 512 W 515 9 8 074 X 515 ::> 517 516 Z 8 514 -< 515 514 Z 519 -~o W 517 7 516 0 8 7 ~ 11 0 a:: -< :x:: 521 10 518 0 519 9 518 I y~ 0- 9 520 ..J 52110 co 525 1~ ",/ l.L. - ~ 525 j 522 523 522 32 -< 52,7t{\J~"~ . .p' 5~ 52512 11 524 12 11 Ii 0 II) '" i\: #!!' 14 528 525 U 0:: 529 f O~1 1rw 529 526 1s27 1 4 13 526 w 32 530 14 13528 ~ ::E 533 16532 Z 538 3 - W 531 ~ 2 536 16 15 w 32, a. 535 19 15 530 ~ ; 537 18 5331 6 j: 3 542 538 535 534 535 N 541 21 18 32, N \ 20540 17 18 17 0 ~ ~ t ,..; o 3 ii ~ EXISTING SURROUNDING USES ~ OWNER: : -~ SITE: .. ~ .., ~ o n: -g II ...J <. liJ Michael C. Lawerence CASE FL 02- 03- 07 PROPERTY SIZE (ACRES): 0.58 1751 Gulf to Bay Boulevard PIN: 14/29/15/86950/003/0010 ATLAS 2978 PAGE: ~1 GULF TO BAY BL~ E .". ,L. . "'0 c: o u Q.) rn ~ t;i Q.) ~ en en c: c: ....... .- ~= g ~ - "'0 ~ I.. Q.) 0 .- 0 :>~ gp o ~ t;i ~ t':l .- Q.)- gpi? .- Q.) ~o.. o 0 o I.. _ 0.. ~..s:::: Q.) ..... ._ ::l :> ~ ..... en rn c: t':l .- Q.)- ..s::::- ..... Q.) ::l ~ 0"'0 rn I.. gpg :.g~ 0"'0 o c: - 0 ~ U Q.) Q.) ._ rn :>~ ~ o a ~ > ~ (1) ~ ~ r~ ~ t- V 0 cr co~ ,.-...4 I lr) ~8 t" cd Q ,.-...4 co ~ --=.P"-_~.o;---~~-~t?; . I' I. ~ ~ ~ S 1: ~ Ii . .-.!Ii ......... AI I!IiI..- - ""_ :.ll::.:!,-_ "I~ "i~ I I ,. I I " I~' . - I .. 'I i:' ~ , i i , G (/rDli~c.{T-=- " -:~~(t1i I r--IVl _:- ,-,-t-bJ~ - ~~~ ~-1~.J,If.1~b!ft:t.1.? ,'11 \ -~ul;f r~~F~~'~,:'~~~:--~~~.~-:~-===- 'A'- ," . ',. ...~... ,~,' ", . ,.. >c-:- ".'.' ",u', I ". RGEG GREGG lam A~ :1, CHI If' C I U R f [I (1'11' . : Ii", - l' ..-.: -,: 1-' ~r! Ii:. 'tl I~" ~ ;- ,:~:: 1~ , 1963 Gulf 10 Bay Boulevanl. Suile110 Clearwater, FL 33759 . 717.796.6774 717.791.6941 fal . ,1. ~. l-u I ; .~. ",'~~ '>< -i :~ ~fh.0 ~ ..-', ~~ . ~-a.~~~ ~ .~. ~~a ~ ~,~ ~ . .~. t:/ 4- ! i : ! 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Wells, Wayne From: Sent: To: Subject: Dougall-Sides, Leslie Friday, May 03, 2002 5:35 PM Wells, Wayne RE: FLD 02-03-07,1751 Gulf to Bay Boulevard, PJ's Auto World I don't see the revised language re billboard being removed OR brought into compliance with applicable codes... -----Original Message----- From: Wells, Wayne Sent: Friday, May 03, 20024:49 PM To: Bertels, Paul; Albee, Rick; Carrier, AI; Colbert, Joseph; Dougall-Sides, Leslie; Glenn, Tom; Gluski, Roberta; Gust, Mike; Melone, Donald; Parry, Mark; Richter, Debbie Subject: FLD 02-03-07, 1751 Gulf to Bay Boulevard, PJ's Auto World Forty lashes with the non-wet noodle for me. Please forgive me (for I don't know what I am doing). Revised plans have come in for this project for your review. One site plan package is on the file cabinets by the planning conference room. Could you please (pretty please) come by on Monday, 5/6/02, and check the plans against your prior comments (see below) and then revise your comments in Permit Plan appropriately. This item is on the next CDB agenda. I need to make sure your comments are addressed. If you have questions, see me or call me at 562-4504. Thanks. 1 :00 p.m. Case: FL 02-03-07 - 1751 Gulf to Bay Boulevard. Owner/Applicant: Mr. Peter Gianfilippo. Representative: Mr. Kevin Scherer. Location: 0.576 acres located on the southwest comer of Gulfto Bay Boulevard and Phoenix Avenue. Atlas Page: 297B Zoning: C, Commercial District Request: Flexible Development request (1) to reduce the minimum lot area from 40,000 square feet to 25,087 square feet, reduce the minimum lot width from 200 feet to 135 feet, reduce the front (north) setback from 25 feet to 12 feet to pavement, reduce the front (east) setback from 25 feet to one foot to building and to five feet to pavement, reduce the side (south) setback from 10 feet to five feet to building and pavement, reduce the side (west) setback from 10 feet to five feet to building and pavement, to permit vehicle sales and display, with allowances to be located contiguous to residentially zoned property and with outdoor display of vehicles, (2) and to increase the gross floor area of an accessory dwelling from 25 percent (1,534 square feet) to 30.4 percent (1,868 square feet) of the principal use, both as part ofa Comprehensive Infill Redevelopment Project, under the provisions of Section 2-704.B, with a Comprehensive Landscape Program under the provisions of Section 3-1202. Proposed Use: The proposal includes redeveloping the existing site to allow vehicle sales and display, both indoor and outdoor, with a second-floor accessory dwelling. Presenter: Wayne M. Wells, Senior Planner Attendees included: City Staff: Mark Parry, Mike Gust, Tom Glenn, Wayne Wells, Don Melone, Lisa Fierce and Bob Maran ApplicantlRepresentative: Mr. Kevin Scherer, Bob Gregg Jim Parker, Daniel Hayes and PJ Gianfilippo The DRC reviewed these applications with the following comments: 1. Parks and Recreation: a) No comments 2. Stormwater: a) Need to provide calculations to show that enough reduction of impervious areas was done to eliminate detention pond requirement. Provide prior to CDB review. 3. Traffic ene:ineerine:: a) Relocate dumpster and remove asphalt; b) Install 4 ft. wide sidewalk along Phoenix - coordinate location with Landscaping & Engineering needs. c) The above (3 a - b) to be revised prior to review by CDB. 4. General ene:ineerinl!: a) No comments 1 . . Wells, Wayne From: Sent: To: Subject: Dougall-Sides, Leslie Thursday, May 02,20022:31 PM Fierce, Lisa; Wells, Wayne Billboard Lease, 1751 Gulf-to-Bay, Ace Liquors property Importance: High I am faxing you paperwork re the billboard lease between Ace Liquors, Inc. and National Advertising Company. The lease was terminated as of 1995, and the parties appear to be on a month to month rental agreement with Ace Liquors, at its sole discretion, able to require removal of the billboard upon giving 60 days' written notice. 1 . . FAX MESSAGE City of Clearwater, Florida Office of the City Attorney Phone Number (727) 562-4010 Fax Number (727) 562~4021 TO: Lisa Fierce and Wayne Wells LOCATION: Development Division, Planning Services FAX NO.: 4576 FROM: Leslie K. Dougall-Sides, Assistant City Attorney DATE: May 2, 2002 TIME: NUMBER OF PAGES OF THIS MESSAGE (INCLUDING THIS PAGE): 13 MESSAGE: Attached for your information is a copy of correspondence and attachments received from Bill Brinton. 10'd lc0Vc9S~c~ 3Jl~~O S,^3N~Oll~ AllJ ~S:vl c00c-c0-^~W . ROGERS . TOWERS BAILEY JONES & GAY, P.A. WILLIAM D. BRINTON (904) 346-5537 WBRINTON@RTLAW,COM ATTORNEYS AT LAW April 30, 2002 Leslie K. Dougall-Sides, Esq. Assistant City Attorney City of Clearwater 112 S. Osceola Street Clearwater, FL 33756 RE: National Outdoor Advertising v. City of Clearwater Dear Leslie: RECErVED MAY 022002 CITY ATTORNEY RIVEP.PLACE TOWER 1301 RIVERPLACE BLVD. surrn 1500 lACKSONVILLE. pt. 32207-181 1 TJ;!LEPHONE (904) 398-3911 FAX (9lJ4) 396-0663 Please find enclosed copies of the leases pertaining to the billboard stlucture located on the Ace Liquors site. s~ ~f D. Brinton WDB/lat Enclosure C:\NrPortbl\JAX\LA1\557397 _I.DOC G0'd IG0PG9S~G~ 3Jl~~O S,A3N~Oll~ AllJ ~S:pl G00G-G0-A~W . . N.Hional A,h"t1nising Cor. 6850 SQuth Iiarlt:Jtl Avenue: Bedford Park. lL 60501.1900 7084966500 708 496 6503 Fal( 800571 8080 3NI November 30, 1995 Donald 0 McFarland, Esq McFARLAND, GOULb, LYONS & SULLIVAN, PA 311 South Missouri Avenue Clearwater FL 34616 REFERENCE: Lease #436--05446B/05447B Property Owner - Ace Liquors, Inc Dear Mr McFarland: Enclosed please find a fully e~ec.uted copy of the letter renewal for the above referenced outdoor advertising structure located on the above referenced property" In order for me to change our records showing Ace Liquors as the property owner, it will be necessary for me to receive a complete mailing address, tax identification number and a copy of the deed showing the transfer of ownership. If I can be of any further assistance, please do not hesitate to con~t me at 1-800- 571-8080. Sincerely, [0"d lc0vc9SLcL 3Jr~~O S,A3N~Oll~ AlrJ LS:vl c00c-c0-A~W . . McFARLAND, COULD, LYONS ~ SULLIVAN, P. A. ATTORNEYS AT LAW .$~'L~in.5 r:Jhe 'Ja.M-fila. 23a.y m'tLc1 9".. O~n 35 <y~a.u DONAill O. McFARLANtl NORlUS So COULD (RET.l GAAY W. LYONS o-roa ^ ~tJU..IV^N GREGOR.Y 1. I'ER:ENlCH t?sy;: 1/ '? \ ,/'i ) 311 S. MlSSOURJ ....VENUE CLEAIlWATE.It, FlOltlDA 34616 TELEPHONE (813) 46l -ill! fN( r 813) 461 - 6430 November 16, 1995 Mr. GlennK. Allison National Advertising Company 6904 Cypress Park Drive Tampa, FL 33634 Re: Ace Liquors, Inc. ~~ :rLllfw6 '5'7' 9;>/3 ....;. Dear Mr. Allis: As your records will reflect, I represent the owners of the .above sign, First, let me advise you that the real estate upon which this sign is located is now owned by and in the name of Ace Liquors, Inc., a Florida corporation. It is no longer owned by Mr. and Mrs. Golden. The responsible officer .of Ace Liquors, Inc., who has authority over this responsibility, is Nancy Lawrence, president. I think you will also remember that by letter of September 28, 1994, your company was advised of the terms of the lease agreement between Mr. and Mrs. Golden and National Advertising Company. You acknowledged the forgoing terms by your letter of October 17, 1994 which included a response that the structure would be removed in October, 1995. The structure has not been removed as of the date of this communication. To the contrary, you company's home office in Bedford Park, Illinois has provided a check in the amount of $3,000 for the period November 1, 1995 through November 1, 1996. This arrangement is not satisfactor:y. The check will not be negotiated unless the provisions sugg~6ted heretofore are accepted by National Advertising Company. I wish to confirm for the landlord that the lease for the structure has been and is terminated. The landlord would offer in lieu a month to month agreement to allow the structure to remain on the property at the rate of $250 per month with the provision that the landlord can require the structure to be removed from the premises at the landlord's sole discretion upon giving sixty days written notice to the company requiring such removal within said time frame. In the event the landlord requires the removal of the structure, the pre-paid rent v0'd lG0VG9S6G6 3Jl~~O S,A3N~Oll~ AllJ 6S:vl G00G-G0-A~W . . Mr. Allis November 16, 1995 Page :2 in the original amount of $3,000 for the period of November 1, 1995 through November 1, 1996 will be pro-rated and the non-earned portion thereof refunded to National Advertising Company. If the foregoing is agr-eed upon by National Advertising Company, please execute the enclosed copy acknowledging such acceptance and return the same to me. r would suggest that one of the major concerns that the landlord has had for an extended period is the aggravation from birds and pigeons which use the str-ucture as a roost. While you company has in the past p!"ornised to remecy the situat.ion either by prohibiting the birds use of the structure or cleaning the residue from their occupancy, you have not been diligent and it has really upset my clients. I would therefore suggest if you wish' to continue this relationship that somebody tend to the birds on a regular basis. Very .:truly yours, ._ . (_:.~RJ~J~ Donald O. McFarland, Esq. DOM:js Enclosure cc: Nancy Lawrence Approved and Agreed to: By: 1rtZ' ,ef*,tl/I fi~"7fHiC ~ ~. Title: S0'd lc0vc9S6C6 3JI~~O S,^3N~Oll~ ^lIJ BS:vl c00c-c0-^~W Iii .. 01 tc<{ U I ~ ~ THIS AGREEMENT. made rhis. 10th day 01_"".," "JS.~ruarY . 192L. by ;':InO berweer iJ 0 Cl Thollla~ p.. Gol den Jr. . ..01 _.;.~.1rwater. J'-lorida , n!!reinaftel:c."1l1ed 1M L~:;;50r. ~nd NaltOnal Advertising Company. or 6t:'dford Park. illinoIs, hll'rEM<Jttcr called the Lessee WITNESSETH: /, ' '" ,..~, ""~< ."', _". ,.. em.., '" ,,. ,..,.. M"" ,_, "~ ,", '''''' '" oM '" =~,,,.' " ," ...., ,. .. 'oru'''. ".. IOUOWII19' ~Jt:!'sCTlO~d hlr~rnl'!;;~~. ler 'h~ j:)LlIDQ"fE~ ot crc::cllr"'l~ anc m~inlaH-'lng i1d.,.t:'TII~r''\Q dl~pliaY~ ~;J:Jlnl~d, ,~tl~crafl~ed. Of11"'t14;o'cJ. lllllmln~'l~:d. f)t nlrt,.~r'Wj~e). I lnt;:hJdlng rlect!'SS9''f SIrlJr:turt;t50., dr.vu:t!'~, powe' ;>OIf3'fo .1nn c:anfleCllon; / 2 1hC pr\>perly ",,'e'~ dem,sed 's IOCilted .100ut ~ m,leS N-F.-S.~I ..... .l<;~f!!!'1Pr. ~qil.~ . . . '. . , ...,............ on I . ,. n N_i:'@''Ii ..de 01 Roule NO. . . . ~.~-:-~.q . . . . . . lor doopl"y(1l1Ia(;/n9 !',.@S.@ucn le.!I~d ptO;>erlV t>8,ng [l~n of 111~ Lo.oor', proP"r1y sllualed on //7. ..J:f5 'rD'wn'h'~o' ,..<;:~.~~f.~~~.~~....."""'''''''''''''''''''''''''' counlvoj~".gj,~lhs }.,I', V:" -';e 01. . . , . , , . . r~~~.1:d!l-. . . . . . . . . . . . . . . . . . . . . . (It Legal Dsr.crtplion is (eO~trod. ".,,, 'ev"',,'" !liae ne,ee'.) 0/ i~r'~ /;:I:'l'~ I~r:: ~~*~:~~~'~"$11 $~"f~;~m"'~'l~~n.",::'~!.} '," ~ ~;:~~~~~e.. ~-::=~~d.::;~~ ~:~~::atr~ .." fOrth:~~,:~ l ..~. di,' / continue therealte" i!l4'-1h(' ....,.......' _I .J _ _______. r..l 1 J,C 0 1 ~ ..L.'. .-----~4tV'" "1 1rl?'" year to )leaf. Of'! the S3Ime :11,m6. \,In~1 tcrmtn.led .:1$ or anv ~ JJ:;" sullSeQucnl ;lnn.v"rSary ollne Il"ecl,ve dale by wl,nen nOllClI 1;11 'ertnlnSllon gIven nOI\8$$ Ihan ""'V dayS P"O! 10 suen ann.versa,y dale by e.me<lhe L8$$Or or ..~~ ~{.''''-r/ ).~Jee'4. In cOns,derallOn ollne lorego"'9 and Ihe rnulual prom...,. "ere,n contained, an<l Olh"r good and V8lu~ble consIderation. In! Le9!ee a9,ees 10 pal/In! ". ~. -< V...{A.A:SSQr.t the rate... v ....-' ,-- r_ 1-L.1' po, I"J_ _I. ~~... II - .J'_...1_,._. ~__~..~___.t... 1 7"'~~~~ 1\'0 I / ro'" 01 $ 3. 000* pr:r y"~r for $ueh per,oels oll.me a. Ille el.sp'ay($) COnlempl~led hereunder Israrel in pOsItion. SuCh yearly rental '5 I" be D~oQ oil "~ . . a<l_anCB (.ubjeel 10 a;30 dat delay Io,r p,oce.sIfIgl w,1tI supplement':lf)' adl\,l~tmenlS 10 be m~d" prom~lIy whee In" :l.d_erlr~or'g SIJlu. <>1 lI.e O'SplllylSI IS cl1ange~. . ~ ~ /. Wh~n re;,lSjbt~, the Pi3ymef'[ date will be OIdl\151ed to' COll"Cldl@ "",tn ~n an()I'/SfSi1ry of the erfcc11'1c !:1,3r~ Renl ~h~11 be d~emed to tr,,;ve been mace 01"1 Ihe d,3I~~! <lJ qJ......cj ~h~duleO lJnl~$.;i Le~or noIHI~~ Le~gee Of non-receipt 0' t).8:yrl1€mt, . ~)'~ -ID !;. ADDITIONAL Pt90VI${ON$. The provl~la"'~ p,.t\t$d on the t~versc hereof ar'~ t'leoreby Jncorpori:3ted herei" by Speti(i~ ,el~r~r'e~ [11t~,elo 3i1d constiJulea ..' Z .0: pan Ollhl~ ogre"menl . ~A'/'1" ~:., f! -"~~J./"::I~.. I .':....i. ?;r) . t:~ :i( c I ' ? ')2_ I r.; CJ .1 -' c co .itj c:l!!~~ -' '-' T"I Q (l;~~ t!ia:Z :;: d1 ...,. Z ..... ~: ~I- 'D~ 0. c:: +.. ->- ~ ~ ;:;; t.:> r:: <;) 'JJ W en ~ - < -.i 0:: II S IJ.J tJ 6 J ~ c < ~.......:: ". . . :::i'JST ;11' :::'rF'r~ ~~ ,. ",JI"~~ ..E.2QL~.s.....f.a..t:.k......D.ti lie T--oa, Florid~ 33634 813/888-5541----- STANbAilD LI:ASE AGREErv'!':N1' P".;;;p~;~.;r~Y'; Mike Pliloui..n, RER National Advertising Company 6904 Cypress P..rk Orive Tampa, FL 33634 NATIONAL ADVERTISING COMPANY 813/888-5541 (Sub.idiaty of Minnesota Mining f, M~nul'IC:IlJlIng Co., Home Office: B~dford ParI<, Illinois 6r s~ 2 - :I. ~) 1 ::? .:: ~. ~~ f, :1, ~:~ f;' t: 19?~~ ~9.C.,) ...,~ltfL6..lL-_. 5l,47B Pl~ELLAS COUNTY FLf OFF~REC~I,BI< 787]. PG 232 AI=lEA SKETCH OF L.EASED PREMISES APDENDUM NORn: OJ P_5CZ"'f:.j)~~) . lOx40 RSC ~. ~u SI7.e .................,....... Fl. DS' . . *1. HAGL ........ 'If;'!''' . . . .. . .. Ft EOF'.._.....__.~Fb.~ Ft Power. . . . . . . . . MJY . . . . . . , . , Ft. . l'le M' 2.. MIleage Panel .............. . . . t. RiitV Location Slaked ..;..;..;.;....... c--'" Di~play ~a[;in9 . .TO:tbJ.... ./CJ ,~ -r:a/ 1 L~ssee agree5 to pay rental s~ated in PaLagraph 4 or 15% of gross in~Qmc derived from such Sign, less appli~ablc agency fees, whichever is greater. The lessee will, on a regular basis clean or C~U5e to be ~leancd the bi~d droppings which accumulate beneath the sign on the p,i;l-king lot of the Lessor. L~ssee will affirIDatively see to ~he periodic cleaning as needed of said bird droppings. /' ~.- .r '. ~ 'J{ ,""'" ~ ~_ ,-1-7) ~nm::.' ~/f' z-- ~ -:-~,{_y~~_-__ 10 m" wd! bl~"'n 10 boJbe .,,,reoo do.cribecl)'1 /7. ~ and who /! ~~ :.:-' . i.," /'.J!...)l, ., ,.. ... ...,,1 .:,.....") , ~ Jl _.--=':"L , :!Jw"e'" ._ _ 'TC!~!~~~ ,r ;. .~., ,. ~...-_._-_._.- A:::::~D:ed tw ~J...~VE"TISIN,:. CQM-P;/l;t'~5Sf;;: ..~~~_.~~~~~~- ----..-.- -- "'L.'_'~ ...... ,;,.. "'t.-._ _- ":0 -_ '-~.::-:< ----- ..(' (~U 3) 44 Ei ~ ~\l~f;..$;~:e; " . ----.- -.---.-.... 018-10-36J 3 /1 ~,~,;,' ?n~,'. :'Ju;.~~~--.' 5~7r7il'i~i70i:' .\' ::~.:~;~;::~.. . 90"d lc017c9SLGc!.. 8S:171 c.~~C-C0-A~W 3JI~~O S,A3N~Oll~ AlIJ J . . S;ANOAADL~AS~AGREEMcNT ;::'nr~ f1~b~. R c;k'll,S.t--:J (j..!P . J1E~..Lr.:::; CQUrH'r' FL.f', OF?REC.BK 7871 PG 333 I; In :". ~ven! ol.nv C"lJn,~ ,,' """''''$1-'001 1"_ ~rCl')I"fv ".,~to~ '''a~.jct. !r'~ L"ssc' BQ'r.",:O n~I,!- !".L,,~s..q i'lrCmotly 01 .uc" ~r,~n~e. and lhe L.ssor ~I~O ~'.'~"' 10 9"P ~"r. n"'", Own"r lOr In.'' "'"l1en "otl~e ~I m. ~""Sll'nCI' olin'S ,~,.e ,.nol 10 o~I'"'' a '''1'\' ",r',,'" ~~ .ven n~"" "wner T Unl"" ,"..~dIC.lIy ~l~f~C elM""". ,..r~.n I". L.s.or Iqcr.Senrs ."d .",.rrantS ,"., rre ,. .'II.e' In" Own." 0' fhp. .l\g.'" o' Ih" c:',,"... .:..1 1M crop.",y n"r'~,n 0'9mIS..a. <lno I"a'"'' r.~. 'ull .vtnClII'. 'e .,nl.' '1'\10 In" I"dse Tnr. L~"o' ~(lv.nal1l. ~nd warr.ntS Ih.: ii,,,.. Le~.~" .".11 ".U In~ renl.1 jS nq":<I1 O"~V'O"O ana I.hall Oe9p a"d p"dorm ,,,. "tn", c"."".nl~ ,,~reln .1"lod. tnel..""". Sn.111 ,n" may. oe.c..t)ly ~nd Qu.elly h.ve. nold "r.o enloy Ih" us. or Ihe pr.""Hs nc""~ <!.""S<!;J lor [hit le'n, ot In,!'.: l~ast!. SI.Jr.n use TO Inc:tud~ acc~s La th~ gila" O'llcr i.i"~ lano!!:. unacr rnp' ':cnlrol 101 It'll!:! Le;::;or B Nq,"'"' !"', Le~;Qr nO' ",e l'l~.oe ~na" DO;> ~ouna O. "oy "g,eem"nl 0' r~\:l,..enl"'lon. expre"ed or ,mpli.O. nOI conr.."".: ~e'e'" Th" Ico." snail bo;> deEtmt'd 10 "8v" be"" ..(;c:~pl ec and ,1.le'~'s e",orce'b'e onl~ up"" Ine ",ccpl",ee "..r",OI r.>y Ihe l",.."e ,n 1M "J~ce prQv.",,<I. ~.OIl<l\"l.ng ~lIcn aconel""c". 'I ;n.1I ,nu re 10 Inr. O",(,~lll "I bno oc blnd,ng ,IPon I~e oan.... he,elO /lno 10 I"",r r",.pecl,ve len.nl~. n",..., succes.OrS. pcr>ona. Il'pre.."tal,.es. ~x~cuIO'S. aemlll"tr;'l O,S. ~r'a an.gn. 9 In Ihe..v.nt ,""llhe pOIl.on of Ihe Lesso"s ;>,op<:"" (l(:Cui:l'"d DV Ih. Le~"e"S di$pl.vS IS Ie ". .",prove<l "y e,,,CI,n!;,, o-:rm;,flenT prov.le co,",,",,'c.al Dr 'es.. oenl..IDu,II;lIng ,S ..v';J'lnccd oy a Du.lolmg :l",r'll,t. reoul""9 'emov,,1 01 Les."eS d..pl"yS. Ih..L"Sso' mev le'm,na'" Ih.. Le.SeVOQn glV,n!,lltve ~al'Stlen'n..ty 190) ctav~ wrll:." "ollce oll.,m.n"llon. logelher w,lh "cOpy 01 Ihr. Duila.ng befIT"'- SEtnl by raglsl.rel;l """I 10 ellhe' tne LeS$",e .1'10...,. 0 IlIce or Ih", BI.nch Olll(;a 1..1.'<1,0 nO upon :h", LeSsor', 'eluntl,ng I~ '''''' LeSSee Ihe 'cnl p'e_,o".ly l!Ja'/l lor I"e une.~rre<l oort.on Of Ih.. Le8Se oorvo"" 'he .~rmln"l.on da.e 0"'" Ihe '0:81 CO$I Oll"" conslruc"a" ;;nd tr.,,'emoval '" Less!',!,' dl.pI8y~. Ie.. 1, 180lh 01 ~uch cost t<;>r r.~cr' 1,.11 m<;>nU' 01 thIS Lea~" pt,or 10 Ihe nallCe 01 Ic,mm,,100n. r he Lr.""" 89'ee5 toremoyc 'IS o'l'SP'avS ....'t"'" I~e n,nely 190\ ".y ;;t8roool. II the Ltl"'or ~o..s nol commence :he cOnslrucliOn w.!h,n (llnely (\/0) I;l.y, ,It.' I"e ct,.play' "..v~ 08en 'emOyeO. 'hel.~5'~" m.y. ,1 'I. Oullon, re.(I51J.e thl' Lease Ov wrill..n no(fe~ 10 Ih.,Lesser, ."d II so relnslaled. rl"le Le~"~' agrees 10 ,e,mo",." Ih.Less". I", lIS ,,,,~sonahlr "",penses.n '''pl~ctng the Lessr,e'. <I.splays on I"e Lessor's propef'ly If any polllon5011h", p'ooer1y ..re (10'10 be u"lI~ed 10' such b",rld,ng, Ih., Lessee ha$lh" opl,on Iou'" Ihe'",,','n,n!lpor',on nn :11... sa me l",rnoS e.ceplll"l.llne renl ~h.lI11eeQI.III'bly leouctl<:lll Ine h.ghw.y Yre'" ollne ellspl.y 's If!"" t"an "'nalll..... b..lorethe.,gn was mo"ea. TII'" 'gnl ollermln.llon .t"le~ her"'" .h,'l nOI e. ,.1 ""0 c~nnell:J. e.e'c.sed il tne dsm"ed p.emlSc' ."all be condrmn.,1l ar I'~O" by P(lWer 01 "mlfll!"I dom;:!in. Of ,I Ihe prope'ly IS COnvey<:el 10 .i1.... t=nl.fY ;u:,.ng a~ 01 On tr~h3tf 0' any pUblic entity, whicn noss the power 0' emlt\enl (:to'rt1e~n 10. II ot any Iomr. I"e h'Clh""~y v,."" 01 the l.e~"'~'s d'Spl~y. IS obslrucl",<I or Ol:>$cu'EtI;l, a' the "<lv"rli.in~ valueot Ih" displays i~ imJ'a.'ed or dimlni.M",d, or !he usa 0' ,nsl"II",o," 01 SI.Ch <I,.;>layS '5 ore..nled or re~lncl"d by l~'" or by the Les...e'5 ,n.D.IoIV 10 oblB.n .ny ,.eees5ary p"r."iU or hcen..,~. or .Illle I.s~~ IS un"tol...lor any P8"od 01 "''1ely l'i.lOl coml..cul"'e d~Y' 0' ""or9, 10 s",cure anl;l m"nl,.n a ~uilaDltl ~olv"rt"ong cOM'aet 101 me d'Spl"y., 0' il Il\e'e oc(:vr; a divarSlOn oIlrarlic 110m. or a Ch.n9",n the direcl.o" 01 .r"t1le on l\;QhWily"~~a,ng pilSIIM. Le5584'" ol..plaY$, ~"'" Less.. l1"ey, Ol ,I. oOI.on, te,mon",. '''''S le~5e l>y ~Ivino . lie l.es::orti"~..n (15) days ",rille" ~oN:c. a.n<:lll"l'" L8$$or .:Igr".' to r91un<l 11) lhe 1.9$59'" 1M 'Etnl pr~v.ousIY 1I,,,d lOt ll"l~ unexp""" ponlon Ollll!~ leaee. lIanV of lh~ conditions de.C/flled ,n "US para' ~,,,,ph snall.;ol ,,"y tlmelemporalilye~lst I""nl"'e Lessee m.y. at II. o"l.on. '"slelld of l",rm.nal.ng Ih.slease, be.,nlllled loan all,,'..,mcnl 01 remp..yablehel.u"oerdur,n~ Ihel!J.r.od s~Ch cood.l.ons or any 01 me'll .,oi'l. and 10 Il"Ie '"Iund oniny relll paiil'illacN::If'lce lor Ihe petiod ol...ch abatemenl. 1 ,. All slrUClvrr:s. cli5p1ar.< .nd ""alell"l.. bl"ced upon Ih.. said property lIy Ihe lessee areLI;"S.e'S t'"Q''' liolures and ~uipm",nt.lnd",,"1I b", ao'ld remain Ihl' Les' s8e'S property. ancl m~y to" removed by the 1.8$=e .I..ny \1m. blior 10 Q' .."l\l"" r"'"S0n.:lbl" I,me .1I.r the le,minal,on ollhl, II''''''' Of any eOI",n.;on In!fI!lClI, The I.essor . agre8$ 10 ..l1owlhe \.8"'''''' lull access to In" property o~cupiC<l by !tie d..pl~ys lor Ihe purpo~! 0/ 8r",(:1II'0. m3inl.;II,ng. Cl1anging or "",,,,,ing Ih. displaji; al any lime. .' . .._.1 :..._~.., .' " _.. _..., ...... ..... . . .._n . . ,.~- 12. The lessor agr~es not 10 <;>rect or permit any ollie' lI"rtv to erl'cl .:Inv aoverli5;in9 diSplays 0' cine' Bclv",rti..ng mall", on any p;;-opert)' oWnea orconllolledlly the le...or wllni~ a radiUS of ... nun(lr~d (600) 10.8t QI Lessee'; d,.~I"ys. nor 10 permll.ny Olh"r obsln,(;!I0" 10 parl.~lIy or cOniPl~lelV ott.culeltle normal highW.y v,... of $91C eli.plays, alld Ih. LesS"" 'S hero by 3uthom:el;ll0 rentOV~ .:Iny SuCh olh.r ad_erl,s,ng dl.ploy or <;llher Ob'lfuct,on Al 'I. opbon. , J. The Le.s;'" a9rs!'s 10 save the Lcs.O' ha,",18$' IrOITl any "nd alf cl~imS or d",mancl. on accounl ell bOdi'y U1JUry or physical propc~y dAmage, caused by or re,"ullinQ Irom ~ny ""gl'Oent or willful acl of In" LeS!!ee'5 ~gont5 or embloyell& In Ihe eonsltoJcl;on, ma;"len~nl;l:, r",pair, cnange Qr r~mO.II 01 Ihe I.esset!'. displays on Ih~ p,op",rty. and .~ree. to carry, "IllS o""n CC'I .nd ""pens". "d~Quale publiC ".bililY InsurallCe cov.Tir'9 any SUCh conlingency 50 long ", InIS leas! $hall r"m.in." eltec!. TI'oe Lessor .g'.....1O 5a'elh~L.ss"e harml.",s ItOm any "nd .Jill! ClaIm. or demAnds on .:Iceounl 0/ bcdily .njvry Qr p"ysical property d.m.geeauslld by or r<,~ulllng Irom .ny lleQhgenl or wililul ael tit In. Les501 . . Parcel I 14/29/85950/001/0010 L8GAL DESCRIPTION OF lIOA$I:D PREMIS5S (lOr record.ng aurpQ.es)._ Suburb 8e.u~iful Dlk C LQt. 1. 2. A E 25 Ft. of Lot 3 aud all of Lot 6. 1~22.f~:~ D1 YAP. ~04 no_~~ ~J: ::.,\~.: I fi'~."""".!'1_'t'..I,,-- ~::. L. U flU! "I~ i '~.l'j 1:';_: 5r"l.ol ~In.e.~ 1n C-ounly 01 P "Jl~ [11. <; 0" Ihis .._.__~.. CHECK Ar1T~ .rOTAC: TENDE~~ED: CH:\NGE: ,~~ : ',."-;,' '~-.i Lf.. ~IL; ss. '. ' '~ij= U:: ) ~~y 01 _i..). ,4 LCJt 19.9~. belo'" ma. JLaY-Alpc?Il) 6 J;ljt,e/)!r'}5- (Print NaMe 01 NQI"tyl . .................................. . .................. ..... ........ .. 19..... OF! EARLIE". THIS LOe... TION HIl,S Se5N OCCUI'I!iiO ay THE EX IS TING SIGN STAUCHJRI;: WI1IC~RE-H"'S NOW B~COM[ LESSOR'S aWN F'RO?i:RTV. ilNO L t'llH /t(8Y ,4l.S$IGNS TO LESS!;;;: ALL O~ LESSOlirs RIGHTS TO,\l".Jtltf "'YfilUCTvAE' .,', ' . , ~, . ./;'. . V~(..... ( ~f5~~f~Rl'.) ,S- (/.) ~,-, cv." ~- '=,/,> ~" ....0""""1. '40..'""", ~ Cr ...., V\ <J. :"/. ,,~.'..., Jr.t +~ ,,:v 1. . Thoraa. A. Golden Jr.' IIIe unders.gnel;l off'c~r. pe'son.lly 'l!Jpe8rel;l -.. - ~Ilo...n 10 me I!)' !l;l1i.llllCIO';ty ptoven} 10 be the person w,",O'5e name IS 5ubSCrtbedtQr"e3bOv9In$trument. and b~in9.nIOr'medQt1hecOntentsot s.n~ IT1Slrufr'len'. aCKnQwledg~dtnat he or r,hF: vDlunliiUlI e,l(c:cu1ed' Ihe !t.an1e tor the useS ana DU'rooseS neretn f;onl..,n~d _ /" .,' : y In wItness whereOf. I n,,,~ ht:r~unto se1 my hand 8f'1d Offl(;~011 seal. V ......,....,.{. ~ "i..~. r. 1 -.!. It...h~..f... .~~ (b'nll.~iJ~'bOWUNG Official Notary Seal _.~,~_--No1~~'ic, Stale 01 Florida My Comm~El:P. Jan. ;; 1. 199~ C<<Jmmis:lion No. CC080304 eXISlING SiAUCTUFlE: LEASE Le:SSOR WARFlANTS THAT SINCE <:-':.'UJ CCUTlrniS6-JQn e:J;P"~~ --.-- ..., . ... . f .... ..'....:.~~~.~ - '----..--,.,.. ll:to_._... r.- or. !l--: ~ c.... '\f., ,~~, "',.'":" ... ~ >(,.':':'~.:~~.-: -'. ....:.:;." " ,:l~ L0'd lc0t7c9SLGL 3Jl~~O S,A3N~Oll~ AllJ 6S:t71 G00G-c0-A~W " . . McFARLAND. GOULD. LYONS /3 SULLIVAN, P, A. ATTOR.NEYS AT LAW 's'-T.t;Ti.nf) fJlu: 9ampa J3~!J ,dhuJ, 9DI Oan ;JO r:y&.a'l.~ DONALO O. MGFARLAND NORRl5 S. COUL-D GARY W. LyONS CHUCK ^. SULLlV^N DJ\NliiL S. GOULD GREGORY J. PER~NICH 311 S. MIS::;OURI AVENUE: CLEAR.WATER., FLOP-IDA 34GlG tELEPHONE {813) 461-1111 I'M (8131 4,;1.6430 T-'lMPA 223'5647 January 6, 1992 National Advertising Company 6904 Cypresspark Drive Tampa, Florida 33634-462 In Re: Thomas A. Golden, Jr. Lease NO. 5446B Gentlemen: The undersigned, as attorney for Lessors, pursuant to the authority granted by the signature of the Lessor below, "requests that the Lease Agreement bet~een National Advertising and Golden for the sign facility at 1751 GUlf-tc-Bay Boulevard, Clearwater, Florida be amended to provide that the Les~ee will, on a regular basis, clean or cause to be cleaned the bird droppings which accumulate beneath the sig.n on the parking lot of the Lessor. Lessee ~ill affirmatively see to the periodic cleaning as needed of sai 'rd droppings. tJ.-+~ 4/~d-r&1,-,- THOMAS A. GOLDEN, JR. .d ,r- Approved National Advertising Company BY~~ .---~ f I::! 314,;) - ~ a.,J' .- .\ .J ')..-Lt,4.0 {. ......... . c..A_COI.: .l.-...:..,..:.: )'".r' /. +c. ~.,-L. i.:...J..k.,-o \....',i;"'GL.L tJu...."?- D {I I. ..., . f u"'1 ,.., ..c)' ..... -. ... ~.~J.......(..l;\...(.r.' u..._ l?""1,- '. ....~,\(,;...l.l ~" "- t! 1._ /._., '.1. I ~.->r\....'. 3)1~~O S,A3N~Oll~ All) 00:Sl c00c-c0-AtJW 80'd lc0pc9S6C6 i\." 4l oc "' i::: I 't ).... .f? -g '\,..... ,,- ~ --3 .g ,1 '" .-- \-.!"l ~ 01 . . IV) .!!! '<l: t;l I .!!! E ~ u E ~ 08 ~ "i, 't " ^ ). <:. "- A. :.J :,.. ~ -s Q c.. Qj E (; I.J... .'0 "5.~u II> UJ 0 C; .-a; ZQ; Co;;m . ". > a:~< '0 rJ q !.S?c. w 4.l . ~'.a: ~ z" . (p ;;; o ;>. Q) '0 Q) uti. ~ w wU) ~;:: <r;ffi E ;> z~ . . STANDAAO LEASE AGAEEMEN r ~otm~6S. Rnis..d6/81 6904 Cypresspark DrivE T~ Ft ~::!h3<1-46L 813/888-5541 Lme. _ 54468 BrDnch Ol'oCS NATIONAL ADVERTISING COMPANY (Subsidiary of Minnesota Mlfllng & Manufacturing Co.) Home Office: Bedford Park, Illinois 60501 THIS AGREEMENT. made this 26th day 01 - August .19 Jlli_, by and between Thomas A. Golden, Jr. 01 Clearwater, Florida hereinafter calJeClthe LeSsor, and National Advertising CompOIny, of Beoford Park. Illinois. hereinafter c;;ai~d tne Lessee. WITNESSETH: 1. TheLl'sso' hArally leases unl01helesaee. .ndlheLe'5ee ne'ebvrellSesfrom IheLesSOr.IMuSellnd pene..ion 01 Iheporhonto be OCcupieaeHh"lOllo"', 'ng d~cribed premiS".. lor Ih" pu'paSV$ 01 e'VCUn!lanC ma,nlaln'I'lI ad.erIt5in~ dl$p1aVi (Pli1nted. 'VneCtOriZed. p,inled, iUumm;lllld. or olhel'Wlte), including ('l.EI'C~liaf'Y .truetur~s. devjces, power poJcs ..nO connitchon,;, 2. Th~ prOper'lytl",ein demi.ca IS 10<;;lled ~I;>O"I 2 . 5 mlle$ N-E-'S-@>Ol , " , , ~S,-:- ,1 ~. .................... . , " " ,,,................ . an ~ theN-E-&-W Sid" of Roule No. ... SR-;-,6Q,."",., lOf di8p1ay(s) lacongN-$-$-eS~Ch IV88edPrOP~nv being p~rIOllhel.eS&O'..prupe(ly.;lu~ledon E Ih" Tuwn:lnip 0' ... (1. e.~.T:'Wp. t.e.r:. .. .... . .... ."............................... CollnlY 01 P, ne 11 as tf ~eol... .JJ.Qr~.9.~........ ....,..,.', ....,.. ....., (II lega' Dese';pllonls ,aQulred. see rever&l! aide lIe,lOQl.j ~~ o 3. T~ocrihi""a~e 011.,11 CQmmenc:eon 11 /1 19~. and ullles r 'naled oar~l!r in the m;,"n<Jrh8re.nalle'aellorth.sh.:allcanlin~ laran . Inlllallerm OI.-,eal& Iromlh" lirsl dBvaf IIIII' firs' monllllollowln~ ere<:IIQn OIIM ~d dl$plaYl5)I"ereinal1~ ".ller;I.IIl.~f1.e""II datlfl,andallllllcorllinue at ~e.tl. .' arloye",. Qnlhenmeterms.unlille,min"t"";l.olanYSllIl5eQUentanlli- 0( ~:; OIlhe "reellve dale by "'rltlen noti"" 0' '",minlllion given nOlles. Ih"n .i~ "v. pnor Ie such annIV8':;el)' dale by eilh"r theLe.so, or 1.I15$e8 -. 4. In consideration 0111'1. IOr"liloing and IlIe mutual promi.... ~rqjn containea. and ollie' gac>d ~nd valullble cOn.id"ralion: Ihe Le$8ee aQree810 pay Ihe Lessor lIlIhe ,&1" olS N I A OJ-- per y""r lor 5...eh p8nod' 01 I'",e as the dlSl)laVr s) contemplated hereundef is(lI,e) nol in~d.~rt ,s,ng POMiOn. andlltlhelaleol :' S 3.000* P'" year lor ouc;Il periodS oltlme as lhe display,s) cont~mlllaled IIereuMel is(are) in t>osilion. SUC;Ilyearly remal i~ 10 be p"id ;n"dvanw (sUl)Itc:1 . 10 a 30 day delay to, Ilrocessing) wilh supplementsI)' .Pd;<lSlmenIS 10 De made promPtly wnen 1Il~ adverli~g ~ID'U' of U>e dl$p1ay(l) is Changed. Wilen leilsible, the P<1yment dale..iII be adjusted'e coinciaewilhan ann'Ver$;lry 01 Itle ellecllve dillS. Renl51la1l be Cleemed to h.~ be"n m..aeon Ine date(s) sche<lUledullle~SLe'$ot nOlili.... Les$se 01 nO,,"lllC8lpl 01 payment 5 AOPITtONAL PAOVISIONS. The provision. prinled en In.. ~v"rsl'h"'CQf arA horl'by tncorporp'ed here,I'> by .p"cilic;re.erenc;e Ihe'eloand COnsHtul"" .. p..rI 0' lhi. :;agrl'...ment. AAEASKETCH OF LEASED PREMISES NORTH ~ U) o 0. Size ...._..1P..~..4P........" Ft. HAGL ....................... Ft EQP. ..,..... ............ .____ Ft ~ower ....."..,............. Ft MileagePanel ., _......... ..... Mi Lociltion Staked. . . . . . . . . . , . . . . Oisplay FaCing .... . . _ _ . . . . . . . . 1. Lessee agrees to pay rental stated in Paragraph 4 or 15% of gross income derived from such sign, less applicable agency fees, whichever i 5 greater. *ADDENDUM 'j.. A)J P -T1 (; '- 3b/3 SS # and/or Taxpayer 1.0. # lL. U1 lL. o Thnmil<; A GOl.den, ,lr __.'.... . B.~0~~ X' y. .~- ($,gns7.;';;;- ;------ 1751 Gulf-BaY~ Blvd F1ML .,llni3"'SaolreS'$\ ...J! earwatel", j (Cil)~C~~;.~-_._.. ._. f. (0"'~~" APPROVED: (Tenanll (If appl;cablel .~ !~~~C~~~ Q.. 60'd lG017G9Sal, 3Jl~~O S,A3N~Oll~ AllJ 00:S1 G00G-G0-A~W ci z ci 'g 0>> 11. CL ;; ~ 0 E ci. 0 a. l1.. 0<( - ~ u ~ U .. w .2 a: i llJ a: i "i; 'iij Il ,. > a; <( 0<( . . . . --. v, Q.l a: c: , ,g "0 '" C ~ 1 '0; "g, '" <( !!! u I <I> ~ 'E 'E 0 u (,,) STANDARD LEASE ACiFlEf:ME1N I ~ot'm G'6S, A~t(lsed6.'e t 6904 Cypresspark Driv~ T~mpa, FL 3~h14-462- 813/888-5541 L~n@. 5446B ;hun.CR NATIONAL ADVERTISING COMPANY (Subllldtary 01 Mlnne~oll Mining & M llnUJIlc:h.rlng Co.) Hom@ OfficE!: Bedford Park, IlIInol!l 60501 August Thomas A. Golden, Jr. 0' Clear~Qtert Florida hereinafter called lhllles~or, and National Advertising Company. of Bedford Pllrk, Illinois. hereinafter called Ihe lessee. THIS AGREEMENT. made this 26th clay of , , 9 ~. by and between WITNESSETH: 1 The I,..S$O' "..,.,by ,,,.... unlolheLe..ee, .nd Ih9L....1/tI her~byl....R. J'omlheI,R~'(l'.th9\ISe9n<lpos~enio'\ Of '''" po,ljoOllob..,el:upiedollh,; lollow. ing d<>S<;llb'<J pr.mlse., 'or Ihe pllrpO'e8 01 "'''cling IIncl m.int.ining II<I,.,llSing <li,plav. (pain'ecl, 'QII,c/orlllld. p"nleC. III\lmlneteer. 0' ol~e....is,,), including necessary slruclurrs, devicc':ii, pOWI" pole'end con~fion~. 2. Th. p,op"lyht't1n elernlseCis IOC.I.d.baul-2....5._ mile.N-E-S-eol .... .l.!?:~.1 ~...........,',.,.,.".., ....",..,............ ,on lha N-E~.W 51Ce 01 AO\lI~ NO. . . . ~R ~.~Q. .. .. .. .. . fOf" <li.pl.yl.ll.cing N,~ S .e>5Ueh leesecl prOPerly bflng pat' Ollto. LutofS p,operly .lIu810<1 In IhtTowlI$hlpol ",,~l~~J:'w!'!t.~r. ....... n... ................................ . Counlyol Pi ne 11 as Sial. 01 . " . . f J .Q.17~. ~~.. .. , . .. , . , n . . __. . .. .. . .. .. . .. .(lIl"g,,1 D.5c,iplion i. ,"qui,..d, 511' '.'.15, .11l8 l\,rl'Q' I .. Tht lermOl Ihisiease!ll'lallcommeneeQn 11/1 11I.J!!:l.l'nd \InleG.I"mlnsled es,lIe' In I~ mann~llf/einlnerSf"Orlll.~hIIlCOl'llinuelonn inilillle.rm 0/ IeI' Yller. Irom 11\9 II/'sl era)' 01111. lirs I month loll owing "'(leI ion 011"" adverllslng <llspley( 511 herelnS/ler celled"l toe elleCIlVtdal'"I. and." all contlnu. lher..ller. .llh"aptian ollhet.ense.lora lIecond le,m oIlenyurs, IIn<ll""r..lle, I,om ye.r lay.". Qn lhe .ame lermS.unU"errnil'IIeCIISOllnYSUllaequenlanfti-' ""...ry of Ih" "rr.clive <lale by wrlllen nol;ee 0' lelmi""liOn g",.n 1'01 I".. than sioly <lay. prior 10 .u(:h Dnn"'"r~9ry elale by ell he' IIle LesSOl 0' Lellte.,. It. 'n con;i(l(t,,,'iol"l or thll!' It;'regoin9 and Ih&l' mutu:il prQml~es her,.n cont'tned'. and ottler good ~'~d va'uable cOn::!;ider..ticn, the Lezn .gr~~5 t~ PilY the Ln60' 81 The ,"t. Of $ N/ A pe' r9i" 10' $11<:1\ per.ods olli,..e a, lhe <llsplay(sl cO"lemp'~'.d her.uncl.r is(a,., nol In a(l'9rll.lnllpQ"lfon.8ncl~ IllerlleO' $ 3.000* /l'" y.a, lor sueh p(',lo<l501Ii,.,.,as I,.,,, di'pl~V(') "onlem"I.I"d he'.uncler i., .r., In poslt,on. SUCh yearly ,enlalis 10 lie plld in .d"....I:" (subjec' to I 3D d~, er.IIlY for proc.s.ing) wilh supplemenlary adjusl.nenls 10 b"n'I.d"p.O"'J)tI, ..~.n Ih" .<I."rti.rng slatu. of 'he C1~pley(sll, Ch.nll.<I. Wh@fll"ISibl.,lho pay men, dlle ",ill be adiuSI.dla coinc:id" wilh an 8nnove'51'y 01 Ihe erreclive dale fl."lahall b. de.med 10 h.,e b"en made on Ihe Clale(s) sclledUled unlell Ul'S801 . nolill.5 1,85i8a or non-/ace1p! 01 tl3ym"nl. . 5. ADDITIONl\l PROVISIONS. The p'o~I'lons Il/inl.,d Qrllhe rev.t,eher.of .t" ~er.by incorporated he,,,;n by spQclllcreh>r(Onc<tth,reto aM COllaUlul.. D p.rt ollhlS 8!lr'em~1\1 . , AREASKETCH OFLEASED PREMISES NORTH Size , . , . . . , J P. , ~, .49. . . . . . . . . . Fl. t ~ Q HAGL . . . . . . . . . . . . . . . . . . 0 . . . ~ Ft ~ ., l1, EOP., .....,. Fl w tl: Z ............ ...... 3: Qo Power ......,..' 11......-...- Ft Z Mileage Panel . ..... ........... MI Location Slaked . ..... ,. ,.. ..0. B I- Display Facjn~ lFl . ~ .. . . , . . I . ~ . . . . . II! 0 LJ 0.. >- 1tI -0 ~ ';:;ii. ~1.loI Wl;/'l::i ';;I-~ <(ffi~ ~>o ~~lt *ADDENDUM 1. Lessee agrees to pay rental stated in Paragraph 4 or 15% .~f gross income derived from such sign, less applicable agency fees, whichever is greater. 1-~11 NI:.SS 5S # and/or Taxpayer 1.0. N II.. (fJ x u.. o J;;~ec\Jled by Le:>sor in the presence 01: ;(WliNESS APPROVED: ~.T.hQmi'l <; A r.n 1 rlen ,lr (Pril'l Le~.or'JNe"'''') (Owner! (T",,~ntJ )c" B y: (II al>plic"bJe) 15;gnlllU'IIJ 1751 Gplf-Bay- Blvd (M.lII'1lj1 AdC1enl ~l..1..earwater, FL 33515 (Cily. C;Ou,.,ly. 51.le) Accepted by: NATIONAL ADVER'fIS1NG COMPANY,LESSEE f3y: 'It 0T'd lG017G9SLGL 3)I~~O S,A3N~Oll~ All) 10:S1 G00G-G0-A~W ,- . .. . ':"'<':'~5~~1' ~~~~~"~:." STANDAROlEA$EAGREtiMSNT ':'" :'!l~~ri~f:~;~;{:~~'G.. ,: ;'~.:. ~'orM6.~$ a A.VI."tlIll81 ' ""', "<t'f"P~lifU~;''M.:. ..... ,..' , ' ., . .'" "}~~',".:-:::l .. 6. In lhe e~iml or any c"al1ge of Own<:r.hip t;I1lM properly he,eby le;ued, theLe~sor 8gf"e~ 10 notify the L~sse!l promptly t;Illvc~ change, inifil'i'tl/ssbt Jijo' ;1grE/es: 10 !live the new OWner 10rm~1 wrillen nollce 01 the exi$l~nce or Ihis lease and 10 deliver a COpy thereor to sueh new <)wne/, ':~",:': ",: '::.'. , 7. Unl"ss speclficetlY slaled Olh"r....." hl1reln, Ihe Lena' letJre~enls and ...."..nt. Ih.t he i. "i1h'" fhe' Owner or the Agel'll 01 IIle Owner Olllie'l>r<ip~ity;l\e;irln demised. ;,"<1lh,,' he hillS lun .aulht;lrity 10 enter Into tillS lease. Th~ Lessor covenants and warrants thalli the Lessee shall pay Ih" farHat;ls h(>rorn provided IInd ~h.ll keep "nil perform the Oll\erCoYenants herein slarell. Ih" L".gel1 sl1alland may. p"IoCellbly and 'lui"Uy have.lw/<1 "nd enjoy Ihe use ot tl"1e premises herein d"misad rotlh" Il:fm or Ih;9 teaS". .ud. use 10 ineluda ae:cess to tile site oyer any lands under Ihe conlrol ollhe Lessor. . :. . , ,. . , . . . 8. Neither lhe Lessor nor 1M Les,~~ .h~1I b~ bound by any agrecm"nl or rl/P,esenlal/on. expressed or implied. not ~onlalned "creln. Thi~ les3eahall b~(l"emed 10 ntlve been acr:epred .al'ld il~ terms enlorceable only upon tho; acceptance hereol by the LC$.See in the Sp~c:e pro~ld9d, FollOWIng suel"1 aceeptance, II s'1\<1illlnure 101M 0lOn9fll of ~n(j be b.nding upon the parties herat." ond IQ lheir respeelive t"n.."ls. t't"ir$. ~ucCeSSor5. personal representallves. "'cclllors. admlni:itrU,to~S.,~nd ~~slg~..... 9. In I"" evcnllh~llho porlion ollhe Lessor's prOperly aCCllPled by Ine Lessee's d;$playS i~ 10 be improvlld by \Irec!lng B permanent private eom,;,,,,el.1 or ..,..1., rt<:rnlial bvilding. as evidenced by B bui'd~ng pr.rmil, reqllirinll remO'lal 01 Lessee'S display~. 'he,Le5s.or m~y lermlnal.e ",is Lease. upon giving 11\01 Lesseo nf(loly (90) day!!: """Ilen nollce 01 lermi...alion. logelh\lr WIth II copy of the bUilding permll, ,"nll:Jy regl$lerell mSltlo either tne Leasee s Home 01"C8 or I"e arllMttOIflc;ill htled, arid upon . the Lesso"s refunding 10 Ihe L....ee Iho rent previously paid for Ihll unexp"eC portion 01 lI\lsLesso beyond Ihe lermintllion dalo plu, the lalil COIl of llie COnstrueI/o" a"d Ihe ,..mov,,1 01 Lll"see's dIsplays. less 1/1 BOln 01 such c:o.I'oreaCI1 full monlh olin's Lease prior to Ihe notie:eol torminalion. The Leasee egreeslcte/nllyelt~ dilPhtYI' Within 'he ninely f90) dav period. IIlhe Lessor Ilo.~ nol commence the Con.lruCliQn wilhin ninRly (90) days aneflnedtsplays hev.. be.,n r.mo~d.lheLef.$ll&m8Y alii!!: option. 'ei"sla'e lhis Le""e by wrillJi1n notice to 'he Lessor. st'ld il 50 r9In.lated: the leSlIor agrees to 'elmburs" Ihe Ll'..ee lor Ill' reasonable e>iPtlris'e!iin ti!pI8C;;I~g Ih8 Lesse,., c;liSpl"Y'" on 111r.l,eS.$or'$ proper1Y,lIan,!, porlioJisQlthe prop~rty are n~llo be t1liHzlI'd '!I' suc:h building. !"eLelsl.'a has IheopliOI'lIOuscil"'"romaltllngpotllonon, lhe same terms. excepllhal Ihl! re.nl shall be eqUitably reduced illhe hIghway View ollhe d.splav 1& les51t1an what ,'wasb"lnrethll$llInwas mO'feel. TherlghlollerrrilnatiQn' stal..d h",,,in ~hall nol axisl and cannol be exereised if Ihll demi&eel prer1l1ses .h~1I be cond"mned or laken by power 01 eminent domain. or IltI'Ie proPerty II conveyed 10' an anlilY acting as oron b"""H QI ~ny publicenHIY wMlen ha, 1...11' power ot emmel'll clomain. ' ".." ,,:,;,"',;, ,:-"', ..,:: , .', . ~:,' ',I"~: ...~.':')1'~ :.,'" .. 10. If OIl any time Ine highway view ollhr. L~'$ee's displays is obslructed or obscured. onhe adverfialng valLieol lhll' c;lispl~Y$ i, impelred or dinii~lillifwj.or Ih.. use:' or Inslallalion or Sur;h displilY:S is prevenled ()l" restrlcled!:ty l.,w or by lI>e Lessee's Inabilily 10 obltlin any n"C:~$S;IrY permlf1; or IlcenSEt8. or Uln'a lllSaMls Uhlllb,le.for lIny: ' perioC of ninety (90) consecullve dtlys or rnor~. 10 $vcure and malnlain a 'uil:oble advertising conlr~Cllor !he dlsplaya. or 111t\~re oeeul'$" dlyersl(ln'.OU~IlIi:'lrdm. Dr iI' cnange In Ille direeliol'l of Irilllie: on highways leading pasll"\! Le:ss~e's displays. IIle Lessee may. allts oplion. 1"'min"l!' Ihi, lease by giving II\Ii L"..orllltlt'" tiS) daYI. ..rillen 11~lie:e. and Ihe~8$Soregreelllo refund 10 Ille LeS.oe Ihl' re,,1 pre"iously paid lOr Ih" unexpir"d pottion 01 mis lesse.1I any olllle c:on(lltlonlt l:Ie'ia"I~'ln Ihlspare- :' gr"ph shall at ariy IlmelemporarHy exist.lhen thvL8nee may, allls oplion. ins lead a1lerminating lttislesse. be enlllled 10 IIln ;\bal~rnunl of ral1lpeytible!iereunderiluring '..::. lI1e period such condili(>n$ or any at Il1em slelsl. ancllo Ihe: rolund 01 any rei'll pail1 in advlIl'le\! lor In.. p1;lriod 01 such abatement.. '.: I.,; .:H!;:io':", \, ..:;. . r 11. All slrVClures, dlsplayslInd malerflll, p1ilted upon Ihell8ld pro~rty by IheLlI'sse\! ftr..Les'ee's IriJde lixlures and eQUlpm~nl. il~'d Ih~ll ~i .."J:ii~.il1lk. L98" .' sce', property. aM May be rc:mt;lvud by Ihe LeSll89 aleny lime prior 10 or wllnin a reasonsbletlme alter Ille lermlnallon 0' l!lis lease or .ri)"e..lent'loil,ffi8i'iOt.ThillllSSlIr;:; ag,ees 10 allow tho L.Iil$Mle lull aecesalo Ine property ol::c:upied by Ille displays lot ,Ih.. putf'OSe 01 "reeling, m"inlilinin~. changing or r8mnYln~t~~,~~~~,~~.~~!:;llij'I...fii' 12, The LessOf ~g'~es 1'10110 orect or permit any olMr parly 10 erecl any advertising diSplayS Or Olher ~dvar1i,jnll mailer on sny prc)pert~ D"'"etI"OieO'l'1irbriitd by' , Ihe Lessor wiltlin a radiUS ot six hunl1rec;l/600)lcel 01 lessee's displ"y$'. nor 10 perrnilany olMr obslructlon 10 parlially QrCOmplfltety obscure Ihs normal.htghwlIY vlow of said O'i$pl~y~. illM ThB le&see iSherelly aull1Oriz~l1lo fl/fT10Va any such olher "c;lvcrli,irt9 di$pliJY or olherobs\rucllon allls opUon. '.' ';;:; ,'-',: ;"~,:>.,.;, ',:,;:~.. .' ,'. 13. The Lessee 4grce$ 10 saVB Ihe:.l.es&or harmleS!l frOm ~ny and all claim& or demandS on accounl 01 IlOdily inju,;y or p'hys;c~i' Ptoperty'~~~~~;~'i-~ia\'t;or ~r.: resulling hOrn "ny negligenl or willful ael 01 tho: LlIs~ee's agenls or eMployc\!s in IhO I:on~lrur;lion. ma;n1enance. repelr. change or rllmov., 01 the L.,s.'I' dl.pfayson . Ihe properly. and 89rce$lo carry. a.lls own co,1 3nd ~xpenS8. adeQuale publi.; liability insuranc;., "ovuring any suer. conllngency so.loft9.~ lI~i$le'~.lhill",fflalii In '.~' elled. Thc Le~sor agreeslo sav..lh., L8.$~8e llitlmleSS from any and all claims or demands on account 01 bOdily il'lil,lty or physical property.~A'!'.!llt !:auied,~'9U'!iu'lInli'~; Irom "ny neg"genl or w.tIIut illcl 011 he Lessor. " '~"',." : <\ '''';:''' /<:,'''',>,A!~.;.\ii':''''~'''' ',' ,'_ '~';'~~:i"'~':':'lr~~l~:;;~i~li~.:: . : PARCEL #14/29/85950/003/0010 .,1:\.;,.::<;';:;;:.:>2(',/:.' ,:; & E 25FT OF LOr 3 AND AL L OF LOT 'tL';~i,f:T~ri:;:7!..i~~'..:.:. ..;.~. . ..;:;):~~~~J~ Lf!GAL DESCRIPTION OF' LEASE:D PFlEMISES Clor recording purpose$); SUBURB BEAUTIFUL BLK CLOTS 1, 2, . .. . ::::" . I u. ;::'::;Flij~t'~ On Ihis day 01 - 19 ~, belor.. mo. (print Name orNOltlryfi.3!:;.';';'::;:",;' . ': the undersigned omcer. f'ersonally appe~r"c;I . _ k';O~rtlon;"i~/~8'1'~'aciOfIlY provenjlo b" the person Whose ~rne 1& subscribed 10 Ihu aoovelnSlrumQnl. and belnglnlormed o/ll'lI'e:onrenls of said Inslrument aCl\nowledged 'ihal heorslle vOII,l(\ta~lly e~eeullld Ihe sail'll! lor l/1e U&llS ancl purposn hore;n conlained. '.. . ,. '. III WllnO;SIl whereol. I have l1ereunlo ~..I my hand and otticlal $Bal. EXISTING STRUCTURE LEASE; lESSOR WAI'\RANTS THAT SINCe ...............,..............................".,.................................................. 19".......... 01'1 EARI,.IER THIS LOCATION HIlS BEEN OCCUPIED By THEiOXISTING SIGN STRUCTURE, WHICH STRUCTUFlE HAS NOW aeCOMELESSOR'S OWN PROPe'RTY. ANO LESSOR HE:R!;elV ASSIGNS TO LESsee ALL OF LESSOR'S RIGl-1is TO SUCH S'l'RUCTURI;. (S Igl1alure 01 QUicer) ~. .' :I.:.:..:n..ir;~....:.,~,:.i;:. ~:. (Tills of Orlieer) My Comml&Slon E~p'res ,~ ,: ;,', lli-.....-.....~. (LESSORS ) SIGNATI)AE '. .r '. J. .,.; . :: ::" :..:;.....,~! r., ,.' ,.. .. , ~ .' .., ~ ,. . n'd lc0t7c9SL.cL. 3Jl~~O S,A3N~Oll~ AllJ 10:S1 c00c-c0-mw ~"" ,_ J.,_'A~l'n~"i"~'- dIsfurbecf 'areas such as pond sftes or stockpile areas. It should be construJf prior to the associated area b~in~ _urbe~. . An inte~im CAD detail e STPD has been sent to the dlstrl~nd IS Included In Appendix , r 1-"'1~"-"~1--'-'-~""" DRAINAGE INFORMATION: . SITE CURRENTLY DRAINS TO CONC. GUTTERS IN BOTH PHOENIX STREET & GULF TO BAY AND INTO AN EXISTING CURB INLET IN GULF TO BAY BLVD. EXISTING DRAINAGE PATTERNS ARE TO BE MAINTAINED & IMPERVIOUS AREAS SHALL BE DECREASED QUAUFYING THE SITE FOR AN EXEMPTION FROM SWFWMD REQU,IREMENTS. UTILITY INFORMATION: POTABLE WATER & SANITARY SEWER SERVICE IS CURRENTLY fROVIDED BY CITY OF CLEARWATER. :ELECTRIC SERVICE TO BE PROVIDED BY FLORIDA POWER. -/. I~ @ . ':ii'') ,f .:I..) , ,.";l \/ "!' i C/l5 \ ,,'<w.'- \... \ >.." \, ,f ,.- ^R~) ;;., ~,;;') (,.~.. ~ ..,.-,......~" DRAINAGE CALCULATIONS EXISTING PERVIOUS AREAS = 370 SO. FT. OR 1.4 % EXISTING IMPERVIOUS AREAS = 24,717 SO. FT. OR 98.5 % f)/f ' ~ I.f 9'15(, ...:; of ;) C/I 2 f!1S PROPOSED PERVIOUS AREAS = 4,975 SO. FT. OR 19.8 % PROPOSED IMPERVIOUS AREAS = 20,112 SO. FT. OR 80.1 % ",. <' .., IMPERVIOUS AREAS TO BE REDUCED BY = 4,605 SQ. FT. OR 18.35% ~ ( .",;,> f AREA TABULATIONS (PROPOSED ) . l l,. . ~ so. FT. ACRES PERCENT ;; " "'I", ,/ "\ EXISTING BUILDING 6,874 0.15 27.2 % " .l ) .i " .. / ' ,( \ ASPHAL T / VUA 12.349 0.28 48.8 % ) ~ t''l'- CONCRETE AREAS 889 0.02 3.5 % \ ~7 TOTAL GREEN SPACE 4.975 0.13 19.8 % (f{( i :. TOTAL SITE AREA 25,087 0.58 100 " II - Ie - C ) I An ~'t' - \ fit,?! fic' ~s roC - ~ 8 -. 'I 7S) ('1, ').) ( , ? ) A c ') ..,~ C f 5 v-t'<"( . 2. goo fr' J t . IF ~ .. . . ZONING DISTRICTS ~ 2-703 4. b. The increased height will not reduce the vertical component of the view from any adjacent residential prop- erty. Signs: No sign of any kind is designed or located so that any portion of the sign is more than six feet above the finished grade of the front lot line of the parcel proposed for development unless such signage is a part of an approved compre- hensive sign program; 5. Side and rear setback: 4 a. The reduction in si?e and rear set- back does not prevent access to the rear of any building by emergency vehicles; b. The reduction in side and rear set- back results in an improved site plan, more efficient parking or improved design and appearance; c. The reduction in side and rear set- back does not reduce the amount of landscaped area otherwise required. 6. Off-street parking: a. The physical characteristics of a pro- posed building are such that the likely uses of the property will re- quire fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building will be used for storage or other non-parking demand-generat- ing purposes; b. Fast food restaurants shall not be eligible for a reduction in the num- ber of off-street parking spaces. R. Retail sales and service. 1. Lot size and width: The parcel proposed for development was an existing lot ofless than 10,000 square feet and was not in common ownership with any contiguous property on May 1, 1998. 2. Height: a. The increased height results in an improved site plan, landscaping ar- Supp. No.1 CD2:53 eas in excess of the mInImUm re- quired or improved design and ap- pearance; b. The increased height will not reduce the vertical component of the view from any contiguous residential prop- erty. 3. Side and rear setback: a. The reduction in side and rear set- back does not prevent access to the rear of any building by emergency vehicles; b. The reduction in side and rear set- back results in an improved site plan, more efficient parking or improved design and appearance; ,c. The reduction in side and rear set- back does not reduce the amount of landscaped area otherwise required. 4. Off-street parking: The physical character- istics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building will be used for storage or other non-parking demand-generating purposes. S. Utility / infrastructure facilities. 1. No above ground structures are located adjacent to a street right-of-way; 2. Any above ground structure other than permitted telecommunication towers and utility distribution lines located on or along a rear lot line shall be screened from view by a landscaped opaque wall or fence which is at least two-thirds the height of the above ground structure and shall be landscaped with trees and hedges which five years after installation will substantially obscure the fence or wall and the above ground structure. G) Vehicle sales / displays. 1. The gross floor area of enclosed buildings is at least 7,000 square feet; Fle;<~bl.. S~~d .. ~ ,. . . I ~ 2-703 COMMUNITY DEVELOPMENT CODE 2. The parcel proposed for development is not contiguous to a parcel ofland which is designated as residential in the Zoning Atlas; 3. No area suitable for the display of vehi- cles for sale is located within the front setback of the parcel proposed for devel- opment; 4. Provision is made to dim outdoor lighting at all times when the automobile sales and service uses is not open to the public to that level necessary to maintain \he security of the premises; 5. The use of the parcel proposed for devel- opment fronts on but will not involve direct access to a major arterial street. U. Veterinary offices, or animal grooming / boarding. 1. The parcel proposed for development is not contiguous to a parcel ofland which is designated as residential in the Zoning Atlas; 2. The use of the parcel proposed for devel- opment does not involve animal confine- ment facilities that are open to the out- side. (Ord. No. 6417-99, ~ 3, 8-19-99; Ord. No. 6526-00, ~ 1, 6-15-00) Section 2-704. Flexible development. The following uses are Level Two permitted uses in the "C" District subject to the standards and criteria set out in this section and other applicable provisions of Article 3. Table 2-704. .e. District Flexible Development Standf:lrds Min. Lot Max. Min. Min. Lot Area Width Height Front Min. Side Min. Rear Min. Off-Street Use (sq. ft.) (ft.) (ft.) (ft.) (ft.) (ft.) Parking Alcoholic Beverage Sales 5,000-10,000 50-100 25 15-25 0-10 10-20 5 per 1,000 GFA Determined by the community development Comprehensive Infill coordinator nla nla nla nla nla nla based on the Redevelopment Project(l) specific use and/or ITE Manual stan- dards Light Assembly 5,000-10,000 50-100 25 15-25 0-10 10-20 4-5 spaces per 1,000 GFA Limited Vehicle Service 5,000-10,000 50-100 25 15-25 0-10 10-20 4-5 spaces per 1,000 GFA Mixed Use 5,000-10,000 50-100 25-50 15-25 0-10 10-20 4-5 spaces per 1,000 GFA Nightclubs 5,000-10,000 50-100 25 15-25 0-10 10-20 10 per 1,000 GFA Offices 5,000-10,000 50-100 25-50 15-25 0-10 10-20 3-4 spaces per 1,000 GFA Off-Street Parking 10,000 100 nla 15-25 0-10 10-20 nla Supp. No.1 CD2:54 ~. " . . ZONING DISTRICTS ~ 2-801.1 .~~ f\p-\ City of Clearwater or a scenic noncommer- cial corridor designated by the Pinellas Planning Council, the applicant must dem- onstrate compliance with the design cri- teria in those designations. 3. The design and construction of the tele- communication tower complies with the standards in Article 3 Division 21. Vhicle sales / displays. 1. The gross floor area of enclosed buildings is at least 4,000 square fee~ 2. The parcel proposed forp.evelopment is not contiguous to a parcelofland which is designated as residential in the Zoning Atlas; 3. The display of vehicles for sale shall be located within an enclosed building; 4. The use of the parcel proposed for devel- opment fronts on but will not involve direct access to a major arterial street. 5. Lot area and width: The reduction in lot area and/or width will not result in a building which is out of scale with exist- ing buildings in the immediate vicinity of the parcel proposed for development. 6. Front setback: The reduction in front set- back results in an improved site plan or improved design and appearance. 7. 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 re- sults in an improved site plan, more efficient parking, or improved de- sign and appearance and landscaped areas are in excess of the minimum required. S. Veterinary offices, grooming and boarding. 1. The parcel proposed for development is not contiguous to a parcel ofland which is designated as residential in the Zoning Atlas; Supp. No.3 2. The use of the parcel proposed for devel- opment does not involve animal confine- ment facilities that are open to the out- side. 3. Lot area and width: The reduction in lot area and width will not result in a build- ing which is out of scale with existing buildings in the immediate vicinity of the parcel proposed for development. 4. Side and rear setback: a. The reduction in side and/or rear setback does not prevent access to the rear of any building by emer- gency vehicles. b. The reduction in side and/or rear setback results in an improved site plan, more efficient parking, or im- proved design and appearance and landscaped areas are in excess of the minimum required. 5. Front setback: The reduction in front set- back results in an improved site plan or improved design and appearance. (Ord. No. 6526-00, ~ 1,6-15-00; Ord. No. 6680-01, ~ 3, 4-5-01) DIVISION 8. TOURIST DISTRICT ("T") Section 2-801. Intent and purpose. The intent and purpose of the Tourist District (liT") is to provide a safe and attractive tourist destination in the City of Clearwater with a full complement of tourist accommodations and con- venient access to goods and services. Section 2-801.1. Maximum development po- tential. The Tourist District ("T") may be located in more than one land use category. It is the intent of the T District that development be consistent with the Countywide Future Land Use Plan as required by state law. The development potential of a parcel of land within the T District shall be determined by the standards found in this Devel- opment Code as well as the Countywide Future Land Use Designation of the property. For those parcels within the T District that have an area CD2:63 . . Wells, Wayne From: Sent: To: Subject: Fox, Mary Jo Friday, April 12, 2002 8:53 AM Wells, Wayne FW: Billboard/ redevelopment FYI -----Original Message-m- From: Dougall-Sides, Leslie Sent: Thursday, April 11, 2002 2:49 PM To: Fox, Mary Jo Cc: Akin, Pam; Fierce, Lisa; 'Wbrinton@rtlaw.com' Subject: RE: Billboard/ redevelopment The City has consistently taken the position in three other redevelopment cases involving billboards that the property must come into compliance with the land development code, including compliance with the sign code provisions on freestanding and other signs, prior to approval of a development order. These cases are: Stowell, 2815-2817 GTB; Car Spa, 2516 GTB; and Bayrock, 2760 GTB. CS/HB 715, now signed into law, provides that a requirement that a lawfullv erected sign be removed as a condition of development approval constitutes a compelled removal requiring payment of compensation. However: 1. the sign may not have been lawfully erected; 2. that section is not applicable where an ordinance provides an amortization period which has expired and which is the subject of judicial proceedings commenced on or before 1/1/2001, which is Clearwater's situation; and 3. the legislation is not effective until July 1, 2002. Therefore the legislation does not have the legal effect of authorizing redevelopment without the sign code requirements being met. You do not state at what stage the applicant is currently. Legally this application would be addressed the same as were the other three; please research those cases as to whether they were not processed, not scheduled for ORC, or were scheduled but a 0.0. was not issued because condition of compliance with sign code [reduction in size of sign to meet parameters] was not met. -----Original Message-m- From: Fox, Mary Jo Sent: Thursday, April 11, 2002 2:00 PM To: Dougall-Sides, Leslie Cc: Akin, Pam; Kronschnabl, Jeff; Tarapani, Cyndi; Fierce, Lisa; Parry, Mark Subject: Billboard/ redevelopment Leslie, a prospective owner of 1751 Gulf To Bay Blvd. (The old Ace Liquor Store) is in ORC requesting redevelopment of the property to bring in a car dealership. When properties redevelop they are required to bring the property up to current code including their signage. This location happens to have a billboard on it that we are currently in litigation with the owners. Lisa is wondering how this affects the ORC process. Can you advise? 1 . . LEGAL UPDATE FOR STAFF REPORT CASE NO. FL 02-03-07 1751 GULF TO BAY BOULEVARD APPLICANT: PETER GIANFILlPPO; OWNER: ACE LIQUORS, INC. This property was the subject of Municipal Code Enforcement Board Case No. 32-00 regarding an illegal sign located on the property. An order [copy attached] was issued by the MCEB on October 6, 2000 finding the property owner, Ace Liquors, Inc., and the sign owner, Infinity Outdoor, Inc., [predecessor of National Advertising, Inc.] in violation of Code Sections 3-1803(Y) and 3- 1806(B)(1 )c, d, e, and f. The violation is to be corrected within 60 days after the Circuit Court's final judgment is entered in National Advertisinq Co. v. City of Clearwater, Case No. 99-3844-CI-11, or a $250.00 fine per day will begin to run and will become a lien on the property. National appealed the Board's order to Circuit Court. and that appeal has been stayed pending the outcome of the other referenced case. In that case, National Advertising has sued the City alleging that the sign code is defective and unenforceable for various reasons, and seeking money damages regarding seven signs it owns, including the sign on the subject property. That case is scheduled for trial on June 4-6, 2002. The City considers the property to be in violation of the Code of Ordinances. The City's previous land development code required removal of the sign or compliance with code provisions by January 19. 1996. It is the City's position that the sign became illegal as of that date, and that the previous code sections carried over into the new code by virtue of the transitional rules regarding amortization schedules. Legislation enacted in 2001 regarding certain billboards being removed as a condition of development approval and compensation for this is not applicable to the City of Clearwater per a specific exclusion. There is a lease between the property owner and National Advertising which may be cancelable or which may expire; however, this is a private contractual matter between the two. The City has consistently taken the position with regard to other properties with similar illegal signs that no building permits will issue until the sign is removed or sign compliance is had. These properties are: 2815-2817 Gulf to Bay [Stowall property]; 2760 Gulf to Bay [Bayrock property]; and 2516 Gulf to Bay [Car Spa property]. None of the development proposals on these properties have been in a posture to appear before the COB. In order to be consistent with past City actions, the Board should place a condition upon approval that no building permit will issue unless the existing sign is removed or compliance is had with all applicable sign ordinances. , . . CITY OF CLEARWATER, Petitioner, MUNICIPAL CODE ENFORCEMENT BOARD OF THE CITY OF CLEARWATER, FLORIDA Case No. 32-00 ) ) ) ) ) ) ) ) ) ) ) ) 1751 Gulf to Bay Boulevard, Clearwater, Fl Suburb Beautiful, Blk C, Lots 1, 2 & E 25' of lot 3 and all of lot 6 v. Ace liquors, Inc 1751 Gulf to Bay Blvd. Clearwater, FL 33755 & Infinity Outdoor Inc Corporations Service Company, R.A. 1201 Hays Street Tallahassee,FL 32301 Respondentls). The Municipal Code Enforcement Board has heard testimony at its regular meeting held on September 27, 2000, and based on the evidence issued its Findings of Fact, Conclusions of law, and Order as follows: FINDINGS OF FACT After hearing testimony of Code Inspector Mary Jo Fox and Development Services Director Jeff Kronschnabl for City; Attorney Glenn Smith, Florida Department of Transportation Right-of-Way Administrator Susan Rosetti and Advertising General Manager Patti Blass for Infinity Outdoor, Inc. (there was no representative present for Ace liquors, Inc.), and viewing the evidence, City Exhibits 1-17 (As to property owner: Ex. 1 - 1994 amortization letter; Ex. 2 - 2000 amortization letter; Ex. 3 - notice of violation with certified mail receipt; Ex. 4 - 6/16/00 affidavit of posting; Ex. 5 - code sections cited; Ex. 6 - property appraiser printout; Ex. 7 - composite photos; Ex. 8 - affidavit of violation/request for hearing; and Ex. 9 - notice of hearing (covers both property owner and billboard owner). As to billboard owner: Ex. 10 - 1994 amortization letter; Ex. 11 - 2000 amortization letter; Ex. 12 - notice of violation with certified mail receipt; Ex. 13 - 6/16/00 affidavit of posting; Ex. 14 - code sections cited; Ex. 15 - property appraiser printout; Ex. 16 - composite photos; and Ex. 17 - affidavit of violation/request for hearing) and Infinity Outdoor, Inc. Exhibits 1-17 (Ex. 1 - notice of violation, lease, permit; Ex. 2 - map re outdoor advertising regulatory jurisdictions; Ex. 3 - Clearwater Code; Ex. 4 - Ordinance 6348-99; Ex. 5 - Clearwater Land Development Regulations, Article 1: General Provisions; Ex. 6 - Clearwater Land Development Regulations, Article 3: Development Standards, Division 18 Signs; Ex. 7 ~ Clearwater Land Developments, Article 4: Development Review and Other Procedures, Section 4.609 Vested Rights; Ex. 8 - Clearwater Land Development Regulations, Article 6: Nonconformity Provisions; Ex. 9 - Clearwater Land Development Regulations, Article 8: Definitions and. Rules of Construction; Ex. 10 - 7/21/00 letter to John Asmar from Marilyn Mullen Healy, Esq.; Ex. 11 - 9/8/00 letter to Marilyn. Mullen Healy, Esq. from Ralph Stone; Ex. 12 - Complaint for Declaratory and Injunctive Relief and Damages in case styled: National Advertising Company vs. City of Clearwater, in the Sixth Judicial Circuit, in and for Pinellas County, Florida; Case #99-3844-CI-11; Ex. 13 - Palm Beach County National Utility Company, Inc. vs. Palm Beach County Health Department, 390 So.2d1151Fla. 4th DCA 1980); Ex. 14 - R. K. Overstreet, as Tax Collector of Dade County, et al. vs. Robert L. Blum, etc., et ai, 227So.2d197(Fla. S.Ct. 1969); Ex. 15 - State of Florida ex reI. Joseph J. Springer vs. Montie Smith, as Chief of Police, City of Dania, 189 So.2d8461Fla. 4th DCA 1966); Ex. 16 - Clearwater Code See 44.58 Illegal Signs, Supplement No.1 0; and Ex. 17 - 23 USCA ~ 131 lq) - (t)), it is evident the property is in violation of Sections 3-1803(Y) 3, 18061B)(1 )c, d, e, & f. Specifically, Sections 3-18031Y) 3, 18061B)( 1 )c, d, e, & f and Section 44.55(3)(b) of the previous Found in Violation " . . land development code required sign compliance or removal by 1/19/96. The billboard/sign still exists as a nonconforming sign. The transitional rules of the current land development regulations . Secs. 1-106.B and 106.G require that signs/billboards not lawfully existing at the time of this development code be brought into compliance with this code. The billboard/sign fails to be lawful under the current code. CONCLUSIONS OF lAW Infinity Outdoor, Inc. and Ace Liquors, Inc. by reason of the foregoing are in violation of Secs. 3-1803(Y), 3-1806(B)(1)c, d, e, & f of the Code of the City of Clearwater, Florida, in that the Respondents have failed to remedy the cited violation(s). ORDER It is the Order of the Board that Infinity Outdoor, Inc. and Ace Liquors, Inc. are to correct the aforesaid violation within 60 days after the court's final judgment in National Advertising Company vs. City of Clearwater Case #99-3844-CI-11. The burden shall rest upon Infinity Outdoor, Inc. and Ace Liquors, Inc. to request a reinspection by the Code Inspector to verify compliance with this Order. In the event the aforesaid violation is found, in subsequent proceedings by this Board, not to have been corrected by the specified compliance date, Infinity Outdoor, Inc. and Ace Liquors, Inc. may each be ordered to pay a fine in the amount of two hundred fifty and no/100 dollars ($250.00) per day for each day the violation continues beyond the specified compliance date. If Infinity Outdoor, Inc. and Ace Liquors, Inc. do not comply within the time specified, a certified copy of the Order imposing the fine may be recorded in the Public Records of Pinellas County, Florida, and once recorded shall constitute a lien against any real or personal property owned by Infinity Outdoor, Inc. and any real or personal property owned by Ace Liquors, Inc. pursuant to Chapter 162 of the Florida Statutes. Any aggrieved party may petition the Board to reconsider or rehear any Board Order resulting from a public hearing. A petition for rehearing must be made in writing and filed with the Board Secretary no later than thirty days after the execution of the Order and prior to the filing of any appeal. Upon receipt of the petition, the Board will consider whether or not to reconsider or rehear the case. The Board will not hear oral argument or evidence in determining whether to grant the petition to reconsider or rehear. DONE AND ORDERED this 6th of October, 2000 at Clearwater, Pinellas County, Florida. Attest: Municipal Code Enforcement Board City of Clearwater, Florida ~ Mary K ia a Board Secretary -1.,A'-,_ Sent by certified mail with return October, 2000. receipt requested, to the Respondents this 6th day of ~ Mary K. ian Board Secretary Please Return to: City of Clearwater, City Clerk Dept. P.O. Box 4748 Clearwater, FL 33758-4748 Found in Violation \. . u... o 4/10/02 >- >- u Note: Times are subject to change. DRAFT ACTION AGENDA DEVELOPMENT REVIEW COMMITTEE Thursday, April 11, 2002 9:00 a.m. Staff Review 10:00 a.m. Case: FLS 02-03-24- 3049 Homestead Oaks Drive Owner/Applicant: Mr. Gregory Day Location: 0.28 acres located on the south side of Homestead aks Drive, approximately 300 feet west of McMullen Booth Road. Atlas Page: 256A Zoning: LDR, Low Density Residential District Request: Flexible Standard development request to r ouce the side (east) setback from 15 feet to 10 feet to a proposed pool deck and screen enclosur , under the provisions of Section 2-103.A. Proposed Use: The application includes an in- ound pool and surrounding patio with screen enclosure in association with an existing one-sto , single-family dwelling. Presenter: Wayne Wells, Senior Planner. Attendees included: City Staff: Mark Parry, Tom Glenn, W ne Wells, Don Melone, Lisa Fierce, Rick Albee and Bob Maran Applicant/Representative: Mr. Gre ory Day The DRC reviewed these applications with the ti 1. Parks and Recreation a) No comments 2. Stormwater: a) Show a cross sec on on the plan with existing and proposed elevations. (This is required because the sit as a steep grade drop off from north to south and a small retaining wall may be need tl along side and rear. The 15 foot setback may be needed for the grade change if a all is not used and a cross section will clarify this need). Provide prior to the issuan e of a Development Order. 3. Traffic en ineer' a) No co ents 4. General en i eerin : a) No omments 5. Plannilll!: a) 0 comments 6. Solid WI ste: a No comments DRC agenda - 4/11/01 - Page 1 Case: FL 02-03-0.51 Gulf to Bay Boulevard. Owner/Applicant: Mr. Peter Gianfilippo. Representative: Mr. Kevin Scherer. Location: 0.576 acres located on the southwest comer of Gulf to Bay Boulevard and Phoenix Avenue. Atlas Page: 297B Zoning: C, Commercial District Request: Flexible Development request (1) to reduce the minimum lot area from 40,000 square feet to 25,087 square feet, reduce the minimum lot width from 200 feet to 135 feet, reduce the front (north) setback from 25 feet to 12 feet to pavement, reduce the front (east) setback from 25 feet to one foot to building and to five feet to pavement, reduce the side (south) setback from 10 feet to five feet to building and pavement, reduce the side (west) setback from 10 feet to five feet to building and pavement, to permit vehicle sales and display, with allowances to be located contiguous to residentially zoned property and with outdoor display of vehicles, (2) and to increase the gross floor area of an accessory dwelling from 25 percent (1,534 square feet) to 30.4 percent (1,868 square feet) of the principal use, both as part of a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-704.B, with a Comprehensive Landscape Program under the provisions of Section 3-1202. Proposed Use: The proposal includes redeveloping the existing site to allow vehicle sales and display, both indoor and outdoor, with a second-floor accessory dwelling. Presenter: Wayne M. Wells, Senior Planner Attendees included: City Staff: Mark Parry, Mike Gust, Tom Glenn, Wayne Wells, Don Melone, Lisa Fierce and Bob Maran Applicant/Representative: Mr. Kevin Scherer, Bob Gregg Jim Parker, Daniel Hayes and PJ Gianfilippo 1:00 p.m. . The DRC reviewed these applications with the following comments: 1. Parks and Recreation: a) No comments 2. Stormwater: a) Need to provide calculations to show that enough reduction of impervious areas was done to eliminate detention pond requirement. Provide prior to CDB review. 3. Traffic en2ineerin2: a) Relocate dumpster and remove asphalt; b) Install 4 ft. wide sidewalk along Phoenix - coordinate location with Landscaping & Engineering needs. c) The above (3 a - b) to be revised prior to review by CDB. 4. General en2ineerin2: a) No comments 01/ DRC agenda - 4/11lcl- Page 10 5. Plannin~: . . a) Amend th plan sheet C-l for Land Use from "Comme ' to "Commercial General (CG)" and amend "Building Setbacks" to "Required Setbacks." b) Parking requirements for the vehicle sales and display is 2.5 spaces per 1,000 square feet of display area, plus two spaces for the accessory dwelling unit. The total amount of display area is indicated as 3,500 square feet, however, the interior display area must be included. Revise the parking calculations. c) There is a detached two-story building in the southwest comer that is indicated as "garage and office." It is unclear whether the "office" proposed in this detached building is part of PI's Auto World or a separate tenant space. If it is a separate office tenant space, parking will need to be provided at the rate of four spaces per 1,000 square feet. It is assumed that the second floor will be utilized as the office. All Building Code requirements will be required for the second floor office, including handicap accessibility. The proposed use of this detached building must be better detailed, including required parking. It is also unclear whether there will be any automotive repair performed on the premises, and, if so, where. Please provide this information. d) Required drive aisles for two-way traffic is 24 feet wide. Drive aisles proposed on the north and south sides of the building are only 22 feet wide. Revise. e) Parking space length is 19 feet minimum for 90-degree spaces. It is recommended to reduce the spaces to 19 feet and increase the width oflandscape areas and/or converted to required drive aisle widths. f) Parallel parking spaces are eight feet wide by 23 feet in length. Revise. g) Provide as part of the site data the following: a) include existing and proposed conditions, including the square footage and percentage of the lot area; b) include in building area the detached building in the southwest comer; c) provide the floor area ratio; d) provide the required and proposed amount of interior green space in square footage and as a percentage of the vehicular use area. h) Provide a four-foot wide sidewalk is required in the right-of-way of Phoenix Avenue. i) Concrete curbing must protect all landscaped areas on-site. j) The proposed six-foot high wood fence along the south property line must be reduced to a maximum of three-feet high for the first 25 feet from Phoenix Avenue. k) Comply with all visibility triangle requirements. Show the visibility triangles on the site plan. 1) Indicate on the site plan the location of all proposed awnings. It is noted that, due to the building's location one-foot from the east property line, the proposed awning on the east side will be within the City's right-of-way. m) Must provide the design, dimensions, square footage and height of all proposed freestanding and attached signage. Show the location of freestanding signage on the site plan. n) Submit a reduced site plan to scale (8 ~ x 11) and color rendering if possible. 0) Submit proposed building elevations for all sides of both the principal and accessory buildings. p) Billboard (not shown on site plans) will need to be removed. q) Submit information regarding the color and material of the proposed awnings. r) Submit paint chip samples for building colors. s) Will need a right-of-way permit for awning to overhang the right-of-way of Phoenix Ave. Awning must have nine feet of clearance. t) Dumpster enclosure to match color and material of building. u) Screen mechanical equipment from view. v) The above (5 a - u) to be revised/clarified prior to review by CDB unless specifically required otherwise. 6. Solid waste: a) Dumpster needs to be built to city specifications - revise site plan prior to review by CDB. 7. Land resource: a) No comments OfV DRC agenda - 4/11/~ - Page 11 . 8. Fire:. . a) Provide a Hydrant within 300 feet of the furthest com ' the building as per City of Clearwater Code, to be shown on Site Plan prior to review by CDS. b) Second (2nd) floor residential unit must have a one-hour fIre separation from rest of building as per Standard Building Code to be completed prior to issuance of any permits. 9. Landscapin2:: a) Right-of-way permit required for any landscaping in the r.o.w. - obtain written permission for Public Works prior to review by CDB; b) Revise plant sizes (palms) to meet Code requirements prior to review by CDB; c) Indicate ground cover in all landscape beds (i.e. Phoenix Avenue); d) Revise traffic flow to be one-way with angled parking to obtain at least 15 feet of landscaping along Gulf to Bay Blvd. e) All of the above (9 a - d) to be shown/clarified prior to review by CDB NOTES: . Ernail comments to Kevin Scherer at kevinscherer@medxchange.com . Revised site plans to be resubmitted to Staff by April 19, 2002 . CDB on May 21,2002 . Will need to confer with Legal on the status of the bill board issue - provide to applicant copies of current status; . Applicant will provide to the City the details of their agreement with the media company; . Staff will confIrm that a r.o.w. permit will be granted to the applicant at time of permitting for landscaping within the r.o.w. DRAFT CONDITIONS OF DEVELOPMENT ORDER · That all Standard Building Code requirements be met prior to issuance of any permits. OV DRC agenda - 4/11/?'1- Page 12 ~mmunltY Response Tea. Planning Oept. Cases - ORC Case NO.P-O d-O~-OJ Meeting Date:~ Lo?tion:_1 J S ~ ~ ~u ~t;= I Current Use: ',I or~' T- ~ L,~~ ~ive Code Enforcement caseQes: ~ss number~(nO) (vacant land) ~andSCaPlng (Ye~C ~rown (yes . w1>ebris (yesQ ~rative vehicle(s) (yeW ~;ng(s) (good)~pOOr) (vacant land) ~g @ (good) (dilapidated) (broken and/or missing pieces) ~9ood)~!J)pOOr) (garish) ~rass Parking (yes)~ ~idential Parking Violations (yes)~ ~ge (none)~ (not ok) (billboard) ~~ (n/~~andiCapped) (needs repaving) ~umpster (enclosed) (not enclosed) f\.cy~ ~tdoor storage (yes) GJ Comments/Status Report (attach any pertinent documents): Date of Review:~~ ~f!)D,}- Revised 03-29-01 Reviewed by: . . From: Planning Department - WD..M~ \Je.-\\s Planntr Requesting Maps FLEXIBLE DEVELOPMENT MAP REQUEST Please prepare the following maps: 1. Color Aerial Photograph with the property outlined and streets marked. 2. Location Map 3. Flexible Development Request Map 4. Existing Surrounding Uses Map Requested on: 02- For Completion by: + ~ ~ 1-- Survey Attached: I I Legal Description Attached: Comments: ..... u~. Will aJs f1 N,u) Y ~ hu-\- 2..- ~ ~ ~ OWNER: M-,ck-e} C~ l-A.w~~ SITE: /7 SJ G.;H t-o B (S\v'd CASE: FL 02-"'0.3 -07 PROPERTY SIZE (ACRES:) O. S"7..l PIN: 14/1...'} \s) 8~'.sb)Ot)3) 0010 ATLAS PAGE: Z- '17 B . . Text for surrounding land use maps for CDB cases Revised 1/12/01 Use correct spelling Do not abbreviate Choose from the following land use terms: 0 Community residential home 0 Public transportation facility 0 Adult use 0 Research/technology use 0 Airport , Residential shelter 0 Assisted living facility Restaurant , Auto service station 0 Retail 0 Cemeteries 0 RV park 0 Congregate care 0 Salvage yard 0 Convention center 0 School 0 Educational facility (e.g. junior ~ Self storage college, technical school) Single-family residential 0 Governmental use 0 Social/community center 0 Halfway house 0 Social/public service agency 0 Hospital 0 Telecommunications tower 0 Indoor recreation/entertainment 0 TV/radio studio 0 Light assembly 0 Utilitylinfrastructure facility 0 Manufacturing 0 Vehicle sale/display 0 Marina 0 Vehicle service 0 Medical clinic 0 Veterinary office ~ Mobile home park 0 Wholesale/warehouse Multi-family residential 0 Nightclub 0 Nursing home 0 Office 0 Open space J Outdoor recreation/entertainment Overnight accommodation 0 Park 0 Parking garage r; Parking lot Place of worship 0 Problematic use \\MS2\PDS\Planning Department-C D B\maps\Textfor surrounding land use maps for CDB cases.dpc 1". 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I.....",! ~ I I 2 I 3 I I 2 I ,,, 13: 12 ~ .., z.:;:;.... .::-;:::::::.:::~~:. 30BA ~ CITY OF CLEARWATER L~ .1Ir~ AICII VICINITY I (re::.M~ PlIIElLAS COUIITY, ~IlWA O. ,,\ I. PREPARED BY 2 ~ ,if PUBlJC 1I0RKS ADMINISTRATION ~ -===- ~ 100 S- ")f"tl~ [.l~.'~~~~~.,. rl 33758 ~~ ~ Ph.: ('13)~2-.750. rOI: C813}526-475~ t:!!ltK hllp:/ /."..cI'O'''C1I..,.-fl.com/t''q~...../ DiK'lalmer: Public /(IfQl'lTIalTon dolo Is turnl,n~ by tn. City or Cltorwattr PUDllc Worle. Admnl.trollon/Ero91n.erlroq, orod mu.t b. a~plfod orod Vied by the leel~le,., with the urodetstandltlo. that the data rl'cli'ted ''''In t'01l1'c:t1'Cl 'or Itle purpOH' of dnelop"9 0 qropl'llc ""raslructure iflver'ltory. As suctl, t,,~ City of Clear....at..r PWA/( mole.. no ""orronlle., .Il,P/....ltd 01 Impll.d. ~c.rnlf\9 tn. accuracy, completeness. rellablll1y, 0( suitability of this dolo for al'lY athltf portlcular II>>. Furthrrrnore. It'le City of C1eo'....aler PWA/( as.u,.... "0 Ilobilit, whot.e...., oneciot..d .It" the uu or m~se or .uC'h dolo. ; = Thl.. ...tlo.. polJiI' I.. subjret to piI'rlodlc: ct,oMJe... For lnformoUOll about lot.., rnl'51Ol'l. pleo~ C'al! PW.../t or vIsit our WlI'b s:ll.. EB o I 100 I 600 I 00. .~ CD 5N ", i .. ~ I-- 200 400 I I SCALE: ," - '00' I-- LEGEND: r- I--~ to -)> ~ @ BLOCK NUMBER 1234 LOT ADDRESS CITY LIMITS LINE I-- EzEa ~~~I~~ ~~~~R;A~~~P~~~Y LIMITS ... AGREEMENT TO ANNEX . CITY OWNED PROPERTY MDR ZONING DESIGNATION - ZONE LINE I REVISED: 10/20/99. ZONING ATLAS NE 1/4 OF SECTION 12888 14 - 29 S - 15 E u;~~ PUbliC' Informollon dota I. fu/n'tnd by the City or CI.or_ol.r PUblIc l'Iorh Admlnlttrotlon/(nqlt1..,lnq. and mUll b. oc:c.plecl 0,.,6 u.l'd by lhe rec1plf'nt wItt! the ",,..dcfS1o,.,dl,...; Ihot ttlC' doto r~ul'ted .OS c:oIl..cted 'tX ,,.... purpOSf' 0' d..~oph9 (I 9"a,,"'c Il'lfrastruclilrR InVer'ltOl")'. As wc"'. t"e City or Cleoflirrotrf PWA/E male.. ,.,0 wOl'ro,.,".., el{prRlIltd or Imp/lecl. conctrnln<J Ihe accuracy. comp/etene-n. fellablllty, 01 ,u1t<mlllly 0' th" doto for any olh..r pO/Heulor u,e. F'urlh..rrnOf., the CIty of C1e"r....aler PWA/E ossumes "0 1I0blllly _notsoC'Wf onocl'aled ..,11'" the uu or mJ""sl' of suC'to dolo. '; fal(; Thl, ,lile. ~.. i, _b~ct t.. ",.rIDdIe chCN'lqu. FOI' lr1fOfmatlo" about lole.t ,e\'l's1C.i\' pIt-ow C'oN PWA/E Of "jslt our Web sit... EB fOO I 200 I '00 , 600 ..J SCALE: ," z '00' LEGEND: @ BLOCK NUMBER 1234 LOT AODRESS CITY LIMITS LINE BBE3 SHAOED AREA - PROPERTY OUTSIDE CLEARWATER CITY LIMITS ... AGREEMENT TO ANNEX . CITY OWNED PROPERTY M D R ZONING DESIGNATION - ZONE liNE I REViSED: 11/17/99 ZONING ATLAS SE 1/4 OF SECTION /2978 14 - 29 S - 15 E -tt GULF TO BAY BLVD. -------------- i EMOVE EXISTING DRIVEVlAY CONC. GUTTER. REPLACE VI I [VI CURB &GUTTER SECTIONS. XISTING CONC. SIDEVlALK TO EMAIN. ---------- - EXISTING 2' CURB .. GUTTER EXISTING CURB INLET :MOVE EXISTING ASPHALT :,1 I ~,II %1' WI 1.&.1'1 j::lll Ell, >1, . 'I \011 \:111 ~:I ~III xII Will ~ o-V ~ ~:!5' ,I " " \:1 ~I ~ ~I ~ II ~ n I, -l ~ I, I, 0 ~EXISTING PoP. I, 'vi IlIGHT II II I- wlll..J ij ~II ~ ",",I'j 0. ....,. v) j::ljl < ~ If I ~ ~ . I, (I) \0, X ~ \!J ,I w =,1 W t:; II > 8,:1 ~ n CONC. :'1 ~ ~--'vIHEEl STOPS ~:!5'+- ~ -=- -=- -=- ~1 n I' . ~ " ~ 'il ~ "'=:: :1, 32' I' I' M ~ ru 1 III I, II II t<O g; 26' 'i I- 4 EMPLOYEE P RKING SPACES TYPo 5' ~::~~~~~--:~-:~:s----~r--=-=1-44j).1'-~~~~~2~;;;;t~~::~X~k---~-------~ PRIVACY FENCE EX~~n~~/'p, EXISTING CONC. DRIVE\4AY RESIDENCE 45' R.O, 'vi ....:l ~ o ~ ~ o E-< 00 ..... t.!j z e:: 00 ~ REMOVE 3' EXISTING ASPHALT EXISTING 5' CONC. SIDE'vIAlK TO REMAIN -- --1 REMOVE ~~:r;~ ASPtW-T ~ __ OEMO"" ~ T: EXI~- ~ASPH RElINE LL \ ~'ISTING:ASPHALT 1 ' I I EXISTING ASPHALT + DRIVEVlAY ., EXISTING ASPHAL T -", . - ' EXIST 5' CONC. SIDEW'ALK 77' \" w ~~ ~~ ~j::l <% 0.< ..J ~oll <I- zt..J V)~ <tu. L.:lV) z< ... l;;~ ....0 Xx L.Jw ~ 20' 24' / / F'RONT ENTRY 1 ' l-- I @ >- <t ~ W > ...... Cl! t:l I- ...J ~ ~ (I) <t L:J Z .... I- (I) .... x w PROPOSED AUTO SHOWROOM 6,138 SQ.FT. BLDG. HT.= 15' . I~ ~ C\l l~ ~ U It'l j::l . ~z\!) ..J < 'lit < ..J ;): oll ~ .... It'l . a.: O"l>- I- !i o u j::l I- L.J ..J ~ < 15 s: ~ It'l 0. < \0 a...I ('I) i ~ 25' 'J . - 8' 44' N D ~ CoNC. DUMPSTER PAD .. ~/6' FENCE !ErC'CSUO~ III d I EXISTING RESIDENTIAL UNIT (SECOND FLOOR) 1,868 SQ.FT. BLDG. UT.= 24' EXISTING GARAGE & OFFICE 736 SQ. FT. EXISTING ASPHALT DRIVEW'AY - I ~ EXISTING ASPHALT ... ... MDR o o -.:t t EXISTING f"IRE ~ HYDRANT IN NORTH R,o.'vI. Dr TURNER ST. /' ............ ~ W l- t- :::l \:1 011 I"'l ~ :::l U N \!J % .... I- (I) ... X W . ~I- >C5 <~ > :><~ 1--11- Z~ ~~ O~ ~~ P-ccu . . ... pinellas County Property APprlr Information: 14291585950003 OW Page 2 of6 14 / 29 / 15 / 85950 / 003 / 0010 l1-Apr-ZOOZ JifTl SfTlith. CFA Pinellas County Property Appraiser 13:01:1Z Non-Residential Property Add ress. Use. and Sales COfTlparable sales value Prop Addr: 1151 GULF TO BAY BLUD based on historical sales Census Tract: Z66.01 frofTl 1997 - 2000: 0 Sale Date OR Book/Page Price (Qual/UnQ) Vac/lfTlp Plat InforfTlation 0 /1, 914 4.Zii/ 33Z 19Z.000 (Q) I lU5: Book 013 Pgs 061- 0 /0 0/ 0 0 ( ) 0000 : Book Pgs - 0 /0 0/ 0 0 ( ) 0000 : Book Pgs - 0 /0 0/ 0 0 ( ) 2001 Value EXEMPTIONS Just/Market: 389.100 HOfTlestead: 0 Ownership 1 .000 Historic : 0 Use l: .000 Assessed/Cap: 389.100 Tax ExefTlp t l: .000 Other ExefTlp t : 0 Taxable: 389.100 Agricul tural: 0 2001 Tax InforfTlation Land InforfTlation District: CW Seawall: Frontage: Clearwater View: 01 Mi lIage: Z3.0915 Land Size Unit Land Land Land Front x Depth Price Units Meth 01 Taxes: 8.981. Z4 1} 135 x 183 10.00 Z4.105.00 S Special Tax .00 2} 0 x 0 .00 .00 3} 0 x 0 .00 .00 Without the Save-Our-HofTles 4} 0 x 0 .00 .00 cap, 2001 taxes would have 5} 0 x 0 . 00 .00 been: 8.981.Z4 6} 0 x 0 .00 .00 Without any exefTlptions, Total Land Value: Z41.050 2001 taxes would have been: 8.981.Z4 Short Legal SUBURB BEAUTIFUL BLK C. LOTS 1,Z & E Z5FT Description OF LOT 3 AND ALL OF LOT 6 Building Information . Building 1 . Building2 Building #1 http://pao.co.pinellas.fl.us/htbinfcgi-scr3?0=1&a=1&b= 1 &c=I&r=.16&s=4&t=1 &u=O&p=... 4/17/2002 Pinellas County Property APpr.r Information: 1429 15 85950003 O. Page 3 of6 14 / 29 / 15 / 85950 / 003 / 0010 :01 17-Apr-2002 Ji~ S~ith, CFA Pinellas County Property Appraiser 13:01:13 Co~~ercial Card 01 of 2 I~prove~ent Type: Retail w/Apts Above Property Address: 1751 GULF TO BAV BLVD Prop Use: 327 Land Use: 12 structural Elements Foundation Floor Syste~ Exterior Wall Height Factor Party Wall structural Fra~e Roof Fra~e Roof Cover Cabinet & Mill Floor Finish Interior Finish Partition Factor Spread/Mono Footing Slab on Grade Cone Block/Stucco o None Masonry Pillar&Steel Gable & Hip Co~position Shingle Ave rage Carpet Co~bination Drywall o Heating & Air Heating&Cooling Pckg Fixtures 8 Bath Tile Electric Shape Factor Quality Year Bu il t Effective Age Other Depreciation Function Depreciation Econo~ic Depreciation Half Wall Average Rectangle Average 1. 960 30 o o o Sub Areas Description Factor Area Description Factor Area 1) Base Area 1. 00 4.408 7) .00 0 2) Utility .55 1. 540 B) .00 0 3) Open Porch .30 30 9) .00 0 4) Apart~ent 1. 10 1. 946 10) .00 0 5) Canopy .25 32 11) .00 0 6) Office Area 1. 05 180 12) .00 0 Commercial Extra Features Description Di~ensions Price Units Value RCD Year 1) ASPHALT 8500SF 1. 00 8.500 0 8.500 999 2) .00 0 0 0 0 3) .00 0 0 0 0 4) .00 0 0 0 0 5) .00 0 0 0 0 6) .00 0 0 0 0 TOTAL RECORD VALUE: 8.500 Building #2 http://pao.co.pinellas.fl.us/htbinlcgi-scr3?0=I&a=l&b=1 &c=1 &r=.16&s=4&t=1 &u=O&p=... 4/1712002 Pinellas County Property APprlr Information: 14291585950003 O. Page 4 of6 14 / 29 / 15 / 85950 / 003 / 0010 :02 17-Apr-ZOOZ Ji~ S~ith, CFA Pinellas County Property Appraiser 13:01:1Z Co~~ercial Card OZ of Z I~prove~ent Type: Res Comm Use Property Address: 1751 GULf TO BAY BLUD Prop Use: 3Z7 Land Use: lZ structural Elements Foundation Floor Syste~ Exterior Wall Height Factor Party Wall Structural Fra~e Roo f Fra~e Roof Cover Cabinet & Mill Floor Finish Interior Finish Partition Factor continuous footing Slab on Grade Conc Block/Stucco o None None flat Built Up/.....ood Average Carpet Combination Dryuall o Heating & Air Hone Fixtures Bath Tile Electric Shape Factor Quality Year Built Effective Age Other Depreciation Function Depreciation Econo~ic Depreciation 3 .....all Only Average Rectangle Average 1. 966 30 o o o Sub Areas Description Factor Area Description Factor Area 1) Base Area 1. 00 736 7) .00 0 2) Garage . Z5 736 B) .00 0 3) .00 0 9) .00 0 4) .00 0 10) .00 0 5) .00 0 11) . 00 0 6) .00 0 12) .00 0 commercial Extra Features Description Di~ensions Price Units Value RCD Year 1) .00 0 0 0 0 2) .00 0 0 0 0 3) .00 0 0 0 0 4) .00 0 0 0 0 5) .00 0 0 0 0 6) .00 0 0 0 0 TOTAL RECORD VALUE: 0 Map With Property Address (non-vacant) ~~[t][!]~~ http://pao.co.pinellas.fl.us/htbinlcgi-scr3?0=I&a=l&b= 1 &c=1 &r=.16&s=4&t=1 &u=O&p=... 4/17/2002 Pinellas County Property APpr.r Information: 1429 15 85950003 O. 14/18 ~lW~ AVE () O'J (\J IS~D~.C t;'VE 5T.PAUL'S LUTHERAN CHURCH 1~0a..~ o Ttr o ;""'" - il,,-,l'i) o m 0J o OJ 0 172~ 1736 0 ~~iFS %LJI8 0 (1.1 0 fl..! 145 100 ;e. 25m3,) Page 5 of6 In :Y' '-, 0.; o " rl") 't (\J ; (\J .IT1' GUf TO o ( if) u ~o 14/21 1755 UJ 1751 GULr 168~ 1735 GT~r TO :J GULr 'r~ Z TO 17jti- X l.LJ ~UO I > 511 PHOENIX c( PHOENIX AVE AVE PL~~~5A PHOENIX I 518 AVE PHOENIX rL~CfA PLUM05A AVE AVE PHOEN IX ~L~epA c( PLUMOSA AVE '" AVE La.J LaJ ~ =' PHOENIX FL ~CfA ::J PLUMOSA Z AVE Z AVE PLUMOSA 536 LaJ La.J ...J PHOENIX > > AVE AVE 0- ct 1760 < PLUMOSA TURNER AVE 1752 . .~:::lg... 5T BLVD 1/8 Mile Aerial Photograph http://pao.co.pinellas.fl.us/htbinlcgi-scr3?0=I&a=1 &b=1 &c=1 &r=.16&s=4&t=1 &u=O&p=... 4/1712002 Pinellas County Property APp.r Information: 14291585950003 O. Page 6 of6 Pinellas County Property Appraiser Parcel Information Back to Search Page An explanation of this screen http://pao.co.pinellas.fl.us/htbin/cgi-scr3 ?0=1 &a=l &b=l &c=l &r=.16&s=4&t=1&u=0&p=... 4/1712002 . . FL 02-03-07 1751 Gulf To Bay Blvd Date received: 3/21/02 PJ's Auto World ZONING DISTRICT: C LAND USE:CG Surrounding Properties: North: C/CG South: MDR/RU East: C/CG West: C/CG . . t It - 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, May 21, 2002, beginning at 2:00 p.m., in the City Commission Chambers, in City Hall, 3rd floor, 112 South Osceola A venue, Clearwater, Florida, to consider the following requests: NOTE: All persons wishing to address an item need to be present at the BEGINNING of the meetinl!. 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. Michael C Lawrence/Peter Gianfilippo (Ace Liquors, Inc.) is requesting a flexible development approval to (1) permit vehicle sales and display in the Commercial District adjacent to residentially zoned property with outdoor display of vehicles; (2) reduce the minimum lot area from 40,000 square feet to 25,087 square feet, (3) reduce the minimum lot width from 200 feet to 135 feet, (4) reduce the front (north) setback along Gulf to Bay Boulevard from 25 feet to 15 feet to pavement, (5) reduce the front (east) setback along Phoenix Avenue from 25 feet to one foot to existing building and to 10 feet to pavement, (6) reduce the side (south) setback from 10 feet to zero feet to dumpster and to five feet to building and pavement, (7) reduce the side (west) setback from 10 feet to five feet to building and pavement, (8) increase the gross floor area of an existing, accessory dwelling from 25 percent (1,534 square feet) to 30.4 percent (1,868 square feet) of the principal use, and (9) reduce the required number of parking spaces from 17 spaces to 12 spaces, as part of a Comprehensive Infill Redevelopment Project under the provisions of Section 2- 704.B, with a Comprehensive Landscape Program under the provisions of Section 3-1202. (Proposed Use: A 6,138 square foot car dealership with indoor and outdoor display, an existing 1,868 square foot attached, second-floor accessory dwelling and existing 1,472 square foot garage/office) at 1751 Gulf to Bay Blvd., Suburb Beautiful, Blk C, Lots 1,2,6, & part of Lot 3. FL 02-03-07 2. Elfriede Siedler, TRE/Roland Rogers are requesting a flexible development approval to permit attached dwellings within the Tourist District with a reduction in the side (east and west) setbacks from 10 feet to five feet (to building); reduction in the rear (north) setback from 10 feet to nine feet (to pool); and permit parking that is designed to back into the public right-of-way, under the provisions of Section 2-803 as a Comprehensive Infill Redevelopment Project and Section 3-1402 (C). (Proposed Use: A 33,660 square foot building with 10 attached dwelling units.) at 200-208 Brightwater Dr., Bayside Sub #2, Lots 31-33. FL 02-03-08 Interested parties may appear and be heard at the hearings or file written notice of approval or objection with the Planning Director or City Clerk prior to the hearings. Any person who decides to appeal any decision made by the Board, with respect to any matter considered at such hearings, will need 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. All individuals speaking on public hearing items will be sworn in. 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, or call (727) 562-4567. Lisa Fierce Planning Department 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. YOU ARE BEING SENT THIS NOTICE IF YOU ARE THE APPLICANT OR OWN PROPERTY WITHIN 500 FT. OF THE SUBJECT PROPERTY. A COpy OF THIS AD IN LARGE PRINT IS AVAILABLE IN THE CITY CLERK DEPT. ANY PERSON WITH A DISABILITY REQillRING REASONABLE ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING SHOULD CALL THE CITY CLERK DEPT WITH THEIR REQUEST AT (727) 562-4090. . e Ad: 05/05/02 . . Pe-4er G-l'AtJYI'UfPD 12>10 CI~ ~t- G{~~l r::l 33755 ~:JJ $:herer ~~/S WA~~t;y"*ur ~~M ~b0, f:-L 3lflc~+ ,:'} /} ~~ if } ~ ", r r PAPAS, NICOLAS PAP(.'iS, 11(.'iR I {) l800 GULF TO BAY BLVD CLEARWf~TER FL 33765 3412 PINELLAS COUNTY ATTN:ENGINEERING RD R/W DIV 315 COURT ST CLEARWATER FL 33756 INGRAM, CARY G INGRAM, FELICIE 52.5 S KEENE RD CLEARWATEF~ FL 33756 6248 ********** ********** PO BOX 22 CLEAR\tJATER FL 33757 0022 ATHANASOPOULOS, ANTONIO ATHANASOPOULOS, PANAYIOTI 604 FLORIDA AVE CLEAR\tJATER FL 33756 6218 PI 1'1E L LA~ .,~fJUM,.y ATTJ*ENGINEERINGR/W DIV 3l.5 COURT ST CLEARWATER FL 33?_.5_~ 5ls>~~ FRANCE, ELIZABETH A FRf~NCE, JOHt,J, V l629 CLEVELAND ST CLEAf-<WATER FL 3375.5 6102 BJORNBERG, JACK G ~L743 RAINBOW Df-< CLEARWATER FL 337.5.5 6564 ST PAULoS LUTHERAN CHURCH 407 S Sf~TURI-4 AVE CLEARWATER FL 33755 65.5l ST PAULoS LUTHERAN_f~YRCH 407 S SA T'JRN/AVE CLE.ARIN'AiER .' FL 3375.56.55l PINELLAS COUNTY..,~~ f~TTH ENGIJ~i~R/W DIV 315 s;g~.'ST "..Ck:t;~F<WA T E R F L ... 3:37.56 R P REALTY INC C/O PRAMATARIS, JAMES 2l ALEXAI-4DER fWE F{.)RMIl-4GDALE NY ll73.5 l603 CHACHULA, RUSSELL W 40l S M{1RS AVE CLEARv.IA TER FL 3375.5 6565 PINELLAS CO C/O EN 315 ST 3-'i"RWATER FL 33756 5165 P I ~"J,ELLAS COU~HY 31.5 COURT ST CLEARItJATER FL 33756 5165 TOWNSEND, JAMES W TRE TOWNSEND, JAHICE M TRE 405 S DUHCAN AVE CLE(~F~WATER FL 337.55 6417 HARF~ IS, EARL W HARRIS, MARGARET M 406 S JUPITER AVE CLEARWATER FL 337.55 6517 HICHOLS, WALTER G WAL.DROl-4, SAL.L. Y J 407 S DUNCAN AVE CLEAR(tJATER FL 337.55 6417 ~nl nFN_ THOMAS A TRE COLDWELL BANKR RESIDENTIAL REAL EST t\ TE I NC 1724 GULF TO BAY B~ CLEARWATER FL 337.55 6504 BUC'iACKl, .JUZl:::.r PO BOX 10.'-' CLEARWATE L 3~57.57 DUNNE, JOHN P TRE ,10833 70TH AVE SEMINOLE FL ~53T12 OJ ROCCA PARTNERSHIP 1736 GULF TO BAY BLVD CLEARWATER FL 3:5755 6504 YEGGE, GERALD J YEGGE, TINA G TRE 807 ISLAND WAY CLEARWATER FL 33767 1826 HOPP, JOHN F TRE HOPP, CAROLYN M TRUST 1772 GULF TO BAY BLVD CLEARWATER FL 33755 6.507 PINELLAS COUNT AT TN ENG ING R/W DIV 315 '.T ST ARI;.JA TER FL 337.56 BEL-DENT INC 8401 36TH AVE N ST PETERSBURG FL 33710 SUBWAY DEVELOPMENT INC 2471 MC MULLEN BOOTH RD I 31 CLEARWATER FL 33759 13.51 PINELLAS COUNTY ATTN:ENGIN ~~~NG R/W DEPT 315 C ST CLP~ WATER FL ,337.56 BYARS, TRACY A BY(')RS, LINDA G 1730 MARION ST CLEARWATER FL 33756 6227 PRIOLO, BELINDA J 1736 MARION ST CLEARWATER FL 337.56 6227 DROZDIK, ROBERT 1740 MARION ST CLEARWATER FL 33756 6227 KING, JAMES 0 KING, JUDY 0 1743 TURNER ST CLEARWATER FL 33756 6240 ********** ********** 1739 TURNER ST CLEAR\,o,JATER FL 337.56 6240 AYERS, J'AMES T PO BOX 62.55 CLEARWATER FL 33758 62.5.5 SCHAFFNER, DONALD C SCHAFFNER, DOROTHY J 10.56 STEPHEN FOSTER DR LARGO FL 33771 1308 ,,~ SPECK, CARL H TRE TRUST 2-.19--91 238 N HAMBDEN ST CHARDON OH 44024 1124 KONRAD, MAREK 1719-1721 TURNER ST CLEARWATER FL 337.56 LIU, SAM C LIU, JUDY Y 8861 N MAGNOLIA AVE SANTEE CA 92071 4526 ZIEGLER, JODY M .538 PLUMOSA AVE CLEARWATER FL 3~57 56 PETERS, MARY C 542 PLUMOS~~ AVE CLEARWATER FL 33756 623.5 JENSEN, HOLGER B 544 PLut10SA AVE CLEARWATER FL 33756 6235 UMIKER, PATRICIA A 401 S DUNCAN AVE CLE(iRI"JATER FL 33755 6417 HADDEN, MARGARET A C/O NETTLING, ARLENE POA 4061 WESTMINSTER LN STOW OH 44224 BLOUGH, SCOTT MU0LINS, VIVIAN . 307 S JUPITER AVE CLEARWATEF~ FL 33755 6516 DASKAL, STACEY 313 S JUP.' RAVE CLEARWATE L 33755 6516 LOUKIDIS, JOHN LOUKIDIS, CHRYSANTHE 403 S JUPITER AVE CLEARWATER FL. 33755 6518 DI ROCCA PARTNERSHIP 1736 GULF TO BAY BLVD CLEARWATER FL 3~37 55 6504 DI ROCCA PTNSHP 1736 GULF TO BAY BLVD CLEARWATER FL 33755 6504 DI ROCCA RTNSHP 1736 Gut:F TO BAY BLVD CLE:~~nER FL. ,;rt:ti 55 6504 GASTON SERVICES INC PO BOX 98 CL.EARWATER FL 33757 0098 SHEVCHIK, MARK R SHEVCHIK, TAMARA 2165 MARIL.YN ST CLEARWATER FL 33765 TURNER, JERALD B TRE TURNER, MARY H TRE 2281 MINNEOLA RD CLEARWATER FL 33764 4965 ST PAUL' S LUTHERA~L",.CW~H 407 S SA TUR~~\fE"" CLEAR~cl~~"'FL 3~7.t3:s" 6 551 PI NELLAS COUNTY ,_.~N" ATTN: ENGINE~G R!W DEPT 315 CQUR'rST CLEA~WATER FL 33756 5165 MC MUL.L.EN, D GUY PROP INC PO BOX 91 CLEARI,I.)A TER FL 3~3757 0091 PINELLAS CO~~~~.o,' ATTN: ENG:U::j,~NG R/W DIV 315 coUR'f"'" ST ,..."""" CLfi.-AAvJATER FL --' 33756 5165 PENZINER, DENISE R 5.15 FLORIDA AVE CLEARWATER FL 33756 62.15 PINELLAS COUNTY f~TTN: ENGINE~~DIV ~.15 , S9-U~ ~\oI)~TER FL 33756 5.165 CASSIDY, JACQUELYN S Cf~SS I DY. JOHN W 5.19 FLORIDA f~VE CLEARWATER FL 33756 62.15 PAPAS. MENIOS PAPAS. POPI 2.124 PLEASANT PKWY CLEARWATER FL 33764 4866 MILLER, J'ERALYN .1323 WEBER DR CLEARWATER FL 33764 3665 PI NELL.AS COUNTY...,.,.. 'f~ T T N E NG I NJ,;,~;.p~'rf-!G F-~ / I....) D I V 31.5 CO~ST CU;:.Af<WATER FL ;:;3756 5.165 PI NELLAS COUNTY ..-'''-',.,, ATTN: ENGIN~!W DIV 315 COUB-~T ,,,,t.JO'iI" CLEAAWATER FL 33756 5.165 P I i'~ELL~AS COUNT'{ _.w'V~~" ATTN: ENGlt~TRQ' R!W DIV 3.15 C~ST ",.- CI,..J.?(JiRWA TER FL 33756 5165 PINELLAS COUNTY ATTN: R!W SPECIAL ACCTS 3.15 COURT ST CLEARW{-'iTEF~ FL 33756 5.165 PINELLAS COUNTY ~ ATTN ENGINEER .~/W D1\i 315 COU T CL- ATER FL 756 5.165 PI NELLAS COUNTY ,",,&#' f~TTN: ENGINEER~ DIV 315 COUR~'" CL~R FL 33756 5.165 PINELLAS COUNTY , ATTN: ENGI~~~1i/w 3.15 CO~T C~.fi#f~WATER FL ,,33756 5.165 DIV DEMOSTHENIS, STAVROS DEMOSTHENIS, PANAGIOTA .1.187 NORWOOD AVE CLEARWATER FL 33756 4545 NICOVIC, GEORGE .17.16 BALt'iORAL DF~ CLEARI,I.)A TER FL 33756 3663 '~~'_"""'''''''''''''''''''~'O''',''''''''4'''''''''''''''''''"''''''~''''...C..,.""""""."?',,""h., o tC,F'rORELLA .1716 BALMORAL DR. CLEARItJATER FL 337 56 ~3663 NICOVIC, FIORELLA TSOLIS, LYCOURGOS 1716 BALMORAL DR CLEAF~WATER FL 33756 3663 GAV IN, ....JOSEPH 525 PHOENIX {iVE CLEARv.)ATEf~ FL . ~337 56 (t STAWICKI, JOHN P 527 PHOENIX AVE CLEARWATER FL 33756 6228 ,. ACE LIQUORS INC 439 ISLAND WAY CLEARWATER FL ~53'16 7 / . . GOLDEN, LOLITA A TRUST C/O GOLDEN, THOMAS A JR 439 ISLAND WAY CLEARWATER FL 33767 2139 . . IANNUCCILLI, LUIGI 1735 GULF TO BAY BLVD CLEARWATER FL 33755 6503 . . TSOLIS, LYCOURGOS /'.!ICOVIC, GEORGE 524 PHOENIX AVE CLEARWATER FL 33756 6229 . . DE VOE, RICHARD A 530 PHOENIX AVE CLEARWATER FL ~537 56 6229 . . BOOSALIS, PETER C BOOSALIS, BESSIE 12 WORSLEY CT. UNIONVILLE ON L3R IV4 CANADA . . EVERYBODY'S TABERNACLE INC .t120 N BETTY LN CLEARv.JATER FL 33755 3303 '. ,. ),:,. OWENS, ROBERT OWENS, ROBERTA 1180 7TH ST S SAFETY HARBOR FL 34695 4212 . NIEVES, JESSE NIEVES,MA8Y,C . YOUNGBLOOD, CLARENCE L 1270 BU. ~VE CLEI~RW(~ FL . 3:37()4 .51:)20 . YOUNGBLOOD, CLARENCE L 1270 BURM(i .,&ty:ji~$' ' CL E A RJN.A1"ER FL. ~3-764 5020 . . YOUNGBLOOD, CLARENC;:,j;"L 1270 BURM f?1...",A>Vf!'~""~".'''''''' -~ C L E {iE~.wF-l I E R FL. ;5~nS4 5020 . AMERICAN LEGION TURNER-BRANDON POST 7 1760 TURNER ST CLEARWATER FL 33'156 6247 . o IANNUCCILLI, LUIGI CARDONE, MARIA 1735 GULF TO BAY BLVD CLEARWATER FL 33755 6503 . o TAFF, MICHAEL A 1475 S HARISTON RD STONE MOUNTAIN GA 30058 . . PETERSON, KENNETH D PETERSON, WENDY C 1810 DRUID RD E CLEARWATER FL 33764 4628 (I) . LITTLE, MONA 527 PLUI10SA AVE CLEARv.JATER FL 33756 6234 . . SCOTT, ROBERT W SCOTT, BETTY J 10 SKYVIEW TER HOLLISTON MA 01746 2405 . . BAILEY, JAMES L BAILEY, MARY L 535 PLUMOSA AVE CLEARW?'ITER FL 33756 6234 . . MC ABEE, NATHANIEL T 1752 TURNER ST CLEARWATER FL 33756 624.1 . . HAMILTON, BRUCE R HAMILTON, NONA C 545 PLUMOSA AVE CLEARWATER FL 33756 6234 . . T 7 . . R . 608 CLEARWATER 33756 6231 . TELLEZ, MIGUEL A 614 PHOENIX {)\J'E CLEARWATH~ FL 33756 6231 . SCHROEDER, TIMOTHY R 608 PHOEN6 AVE CLEARWATE_:L 33"156 6231 WEISS, JULIAN TRE WEISS. HELEN TRE 1520 GULF TO BAY BLVD CLEARWATER FL 33755 6313 PEP BOYS-MANNY. MOE & JACK 3111 W ALLEGHENY AVE PHILADELPHIA PA 19132 11.16 CIRCLE K PROPERTIES INC PROPERTY TAX, DC17 ~00030 PO BOX 52085 PHOENIX AZ 85072 2085 TOWN CENTRE CONDO ASSN 581 S DUNCAN AVE CLEARWATER FL 3~57 56 6256 COLEMAN, JEFFERY P 581 S DUNCAN AVE CLEARWATER FL 33756 COL.EI1AN, JE~Y P 581 S D.~~e~fI AVE CLE~~A"fER FL ~"'56 FREY. DAVID J 2335 EDGE WATER LN L.ARGO FL 33774 1023 PETERS, R TIMOTHY PETERS, RUTH A 2394 ALLIGATOR CREEK RD CLEARWATER FL 33765 2205 UNITED BANK & TRUST CO 333 3RD fiVE N ST PETERSBURG FL 33701 M I L.L.ER, t1ERR I L Y ROSENBLATT, DAVID 573 S DUNCAN AVE ~ 2 CLEARIAlA TER FL 33756 6256 MOORE. ROBERT H TRE MOORE, ERICA S TRE 2191 BURNICE DR CLEARWATER FL 33764 4859 VITREO-RETINAL ASSO TAMPA B 4600 N HABAN(\,"}~NE STE 3 TAMPA Fl,...,0d"""0"'~" ".".?I'''''' ~ 3,3614'> 7123 VITREO-RETINAL ASSOCIATES TAMP{i BAY INC 4600 N HABANA AVE STE 3 TAMPA FL 33614 7123 BATTISTA, JOHN M BATTISTA, DOREEN M 561 S DUNCAN AVE CLEARWATER FL 33756 6255 HOME FASHION PARTNERS PO BOX 18614 TAMPA FL. 33679 GRIFFIN, DAVID W 565 S DUNCAN AVE CLEARWATER FL 33756 AYERS, SACLARIDES & CO PA 567 S DUNCf~N AVE CLEARWATER FL ~53"156 6255 AYERS, SACLABJOES &. CO PA 567 S DU!;;i~ AVE CkE~SWf1'fER FL 3~3756 6255 ADVANCED LOGICS INC 555 S DUNCAN AVE CLEARWATER FL 33"156 6255 ADVANCED LOG;CS INC 555 S[).ldN9~N' AVE CL.EARt1fATER FL 33756 6255 ADVANCED LOGICS INC 555 S DlJ,NCAN'A\t:E:::?"::':: CLEAR\liA-rER Ft 33756'6255 HOME FASHION PARTNERS PO BOX 18614 TAMPA FL 33679 HOME FASHION P~~~~~ PO BO X ." +~<t.;.~::::::._~_._,",.''"'''. Tl)t:-;LP*" r: C V:33679 r , ~' ~, . , . "- 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) 562-4576 LONG RANGE PLANNING DEVELOPMENT REvIEW June 6, 2002 Mr. Kevin Scherer 2815 Kavalier Drive Palm Harbor, FL 34684 RE: Development Order regarding Case FL 02-03-07 at 1751 Gulf to Bay Boulevard (PJ's Auto World) Dear Mr. Scherer: This letter constitutes a Development Order pursuant to Section 4-206.D.6 of the Community Development Code. On May 21, 2002, the Community Development Board reviewed your application for Flexible Development approval to: (1) permit vehicle sales and display in the Commercial District adjacent to residentially zoned property with outdoor display of vehicles; (2) reduce the minimum lot area from 40,000 square feet to 25,087 square feet, (3) reduce the minimum lot width from 200 feet to 135 feet, (4) reduce the front (north) setback along Gulf to Bay Boulevard from 25 feet to 15 feet to pavement, (5) reduce the front (east) setback along Phoenix Avenue from 25 feet to one foot to existing building and to 10 feet to pavement, (6) reduce the side (south) setback from 10 feet to zero feet to dumpster and to five feet to building and pavement, (7) reduce the side (west) setback from 10 feet to five feet to building and pavement, (8) increase the gross floor area of an existing, accessory dwelling from 25 percent (1,534 square feet) to 30.4 percent (1,868 square feet) of the principal use, and (9) reduce the required number of parking spaces from 17 spaces to 12 spaces, as part of a Comprehensive Infill Redevelopment Project under the provisions of Section 2-704.B, with a Comprehensive Landscape Program under the provisions of Section 3-1202. The proposal is to redevelop the buildings and site for PJ's Auto World, including the outdoor and indoor display and sales of vehicles. The Community Development Board (CDB) APPROVED the application with the following bases and conditions: Bases for Approval: 1. The proposal complies with the Flexible Development criteria as a Comprehensive Intill Redevelopment Project per Section 2-704.B. 2. The proposal complies with the Flexible Development criteria as a Comprehensive Landscape Program under the provisions of Section 3-1202.G. 3. The proposal is in compliance with other standards in the Code including the General Applicability Criteria per Section 3-913. 4. The development is compatible with the surrounding area and will enhance other redevelopment efforts. BRIAN J. AUNGST, MAYOR.COMMISSIONER ED HART, VICE MAYOR.COMMISSIONER WHITNEY GRAY, COMMISSIONER HoYT HAMILTON, COMMISSIONER (it) BIU]ONSON, COMMISSIONER "EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER" June 6, 2002 Scherer - Page 2 Conditions of Approval: 1. That the vehicle display and sales be limited to classic, older cars and any change in the type of vehicle sales be evaluated for complementary operational characteristic and parking demand, and may require approval by the Community Development Board (CDB); 2. That outdoor vehicle display not encroach into any customer or employee parking space, drive aisles or greenspace area and be confined to the northernmost, angled parking area; 3. That the on-loading or off-loading of vehicles from any transport vehicle occur on-site and not within any abutting right-of-way; 4. That appropriate signage acceptable to the Traffic Operations Division be installed for the entrance-only northern driveway on Phoenix Avenue; 5. That no building permit be issued until the billboard is removed or compliance is achieved with all applicable sign ordinances; 6. That signage be architecturally integrated into the design of the site and building and meet Code (limited to a maximum of two freestanding signs with a total maximum sign area of 20 square feet, a maximum attached signage of 20 square feet, and a maximum window signage of eight square feet per window, not to exceed a cumulative of24 square feet); 7. That the design of the buildings be consistent with the conceptual elevations submitted to, or as modified by the CDB, and that color of the buildings be one of the two submitted color schemes, or as changed and acceptable to Staff; 8. That no outdoor loud speaker/public address or phone ringer system be permitted; 9. That the accessory building not be used, leased or rented separately from the principal use and not used as a dwelling; 10. That a City right-of-way permit be obtained for the awning and landscaping along Phoenix Avenue; and 11. That the landscape plan be amended to include additional plantings along Phoenix Avenue in the sight triangles, including jasmine and sable palms (with a clear trunk of 10 feet), to the satisfaction of Staff, prior to the issuance of any permits. Pursuant to Section 4-407, an application for a building permit shall be made within one year of Flexible Development approval (May 21, 2003). All required certificates of occupancy shall be obtained within one year of the date of issuance of the building permit. Time frames do not change with successive owners. The Community Development Board may grant an extension of time for a period not to exceed one year and only within the original period of validity. Please be aware that 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. In addition, please be aware that an appeal of a Level Two approval (Flexible Development) may be initiated by a property owner abutting the property which is the subject of the approval within 14 days of the date of the CDB decision. The filing of an application/notice of appeal shall stay the 0Jv , ~ June 6, 2002 Scherer - Page 3 effect of the decision pending the final determination of the case. The appeal period for your case expired on June 4, 2002. If you have any questions, please do not hesitate to call Wayne M. Wells, AICP, Senior Planner, at 727 -562-4504. O;;~. Carlen Peterson, Chairperson Community Development Board cc. Peter Gianfilippo, applicant/owners Robert Gregg, Architect S:\Planning Department\C D B\Flex\Innactive or Finished Applications\Gulfto Bay 1751 Gianfilippo - Approved\Gulfto Bay 1751 Development Order.doc