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. APPLICATION FOR S. PLAN APPROVAL
PLN'lNING & DEv'ELOPNIENT SERVICES ADIYlIN1STRATION
.'vfUNICIPAL SER VICES BlJILDING, lOC ~'OUTH MYRTLE A VENUE, 2nd FLOOR
PHONE (727)-562-4567 FAX (7'27) 562-4576
This form must be submitted for all applications for reSidential uses accessory uses. nonresloentlal uses fences.
Signs, '/estea ngnts de'/e!opment agre;ernents seawalls. docks, marinas and other marine structures an
APPLICANT, PROPERTY OWNER, AND AGENT INFORMATION:
DAY'IDN l\NDRLwS, INe.
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APPLICANT NAME
MAILING ADDRESS
2388 Gulf-to-Bay Boulevard, Clearwater, FL
33765
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,
PHONE Nur,1BER
(727) 799-4539
FAX NUMBER
PROP!:RTY OWNERS
DAY'IDN A"IDRE'1S, INC., a Florida corpxation
:~ L:S7 all o'.vr,e~s I
AGDJT NAME
TL'1JI"rIY A. JOHNSCN, JR., ESQUIRE
..."AILJNG ADDRESS
911 CHESTNUT STREET, P. O. BOX 1368, CLEARWATER, FL 33757-1368
(727) 462-0365
(727) 461-1818
FAX NUMBER
PHONE NUMBER
STREET ADDRESS:
2394 Gulf-to-Bay Boulevard
fEB2'A
PROPOSED DEVELOPMENT INFORMATION:
LEGAL DESCRIPTION:
See Exhibit "A" attached hereto.
PARCEL NUMBER:
18/29 16 00000/240 0700
PROPOSED USE AND SIZE:
Vehicle sales - 4,347 sq. ft. bui ding
SERVICES
CITY OF ClEARWAT
(numoer at dwe!llng unlls, hotel rooms or square footage of nonresidential use)
30,929 sq. ft. (.71 acre)
Requesting flexible development approval of Comprehensive Infill
Redevelopment Project described in detail On Exhibit "B" attachea.
:::CE3 '-HS .o.PDLlC";TION INVOLVE THE TRANSFE" CiF DE\;E~OPME:'JT RIGHTS7 '(::S _ NO ~
SIZE OF SITE.
DESCRIPTION OF REQUEST:
'he unoerSigned, acknowledge that all
,eoresentatlons made in this application
ar e rrJe ar'o accurate to the best of my
knov/lecce
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STATE OF FLORIDA, COUNTY OF PINELLAS
Sworn to and subscnbed before me this 23rd ,jay cf
January . .
~ ,to. 0 :X9( 2001 to Tle 3nd/sr
oy 'T'irmthy A. Johnson, Jr. 'Nho is::;e,sOn21!1
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"dyne t: Sears
Tumthy ''"d Johnson, Jr.
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FOR ?L,",^,\J,'\JING OFFICE USE OI\JL Y
L':',',JO USe DISTRICT OF PARCEL:
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FUTURE CESIGoJATION.
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. AFFIDA VIT TO AUTIifAIZE AGENT
J!A'lNING & DEVELDPIVfE.iVr SERv~ES ADl\1IN1STRATION
MUNTCIP.A2. SERvrCE3 BUILDING, 100 SOlrrn: MYRTI.E A VE1'."'1JE. 2f>d FLOOR
PHONE (7~7)-562-4567 FAX (727) 562-4576
STATE OF FLORIDA
COUNTY OF PINELLO.5
DA.Y"r~ A'7DREWS, INC... a Fl (")"r"] Q=l l-''!".Yr:-n~-i ("/,"'\
iN.;.me off 0111 property OWT1l1rs)
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Dayton Andrei,:s, rr-.::. is
1. Tnat~);the QWn6r(s) and reccro title ~,older(s) -:f U"',e following described crcpertj'
AODAEsS 0.. CENE?AL LOC':" TIC1~:
239':' Gul=-tc-Eay EDt.:.l.evard, Clea.:rw-a"=.eI, PI..
(Parcel )10. 2..8/29/1G/OOOOOj2t,O/0700)
That this property cons'titutes the property for which a reque~t for a:
Flexible developrrEI'.t approval cf a :::c..'"pr:;:hensive L'l:"ill Redevel~~t prcject
de:5cri.beG. in t..'1.e: attached appl:cat.i~n.
(N~[ure ~f raq'-lul)
That the undersigned (has/have) appcit"'ted and (does/do) ~PPQim
Tinothy A. Jon.""1.50n, Jr., E~re or W. A. Adams, Jr.
~s (1'1l5/tt1e:;r) i!l~cnt(~) :0 """cUI.. any petition~ or olher dClC'~~Qnts'1QCl!l~ry 10 'ltfee:t "yen ~Uion:
That this 3ffida\lit has been executed to rdu:e :r,e City :f Clearvv'ater, Florida to cor.s:der 2nd act
an the abcve descrbed property:
That (1I'we), the urdersigr-:ed authority. "'erety c~rtli'1 thst the foregcing is true ana ccrrec:.
DAYION ANDREW I Th"C. I a Florida cc:r:;oradon
By: S .\'
GN.ED
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ST~TE OF FLORIDA. COUNrf CF PI~..jELLAS
3w~ ane subscribed before 1"!e tMls c? /f+<'ud3y of
It} /-.1 U, {c ILl i 'J . ,A.._~. ~ 2cc } to me and/or
~y '--d-</~'G~. ~ JZ/"-c' 7<--Y' , wno is i:ersonaliy -...,
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I !{.#.)~" PATRICIA S. STEVENS
I.. [f';t."'. .,\, CCMMISSION = CC 797'.19
1y~;.1) . 'XPIRES Decemoer 27 2002
_ 'j'.9fll~"\' ':{)l'1d9d 'P'ru ,'JOTary PuOOc Unoerwnrers
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EXHIBIT .4
F:-or.-. tb~ S'n' ~O=;:le.:- :::.: _at lor Crul.: tc :s...y :::'a;...;eli. u.::nt l. (See p~..; c::;;:.~
57. ~.e M. ?ubli.:: :.e.::orci. of ?i.oe~. :'o~:Y. ?lon~1 ;!.. · POUl: ::of
5eg~Ulf;. run S-ou~ 8B. 57' 47" ~~:, 100 iel!": ~::>the 5::: ccroe:- or .a.le.
l..,ot l; :.Deoce r~ So;.;:::' 1- G=:' ~3" We.:, .l~~ we E~.t line of :.he SE ~J" a[}iW 1/-+
01 S.ctlOl\ lB. To...roa.=..p 29 South. R~i. 16 ::....t 2.f,I. 00 i..:; thence ~.;..:.
Norti:. 89. 40' 55" Wes:. ~oDE the ?-Ic.~~ riiht-a:-\Ir'~Y luHl a! C..l! t; B4y
3ocie......:-d.. (~H: hoe ~C:Ul.g 50 .leet K'ly of the ;:.a.s:-WelJ"t cemte:- l~ c!
iiUC S-ec;-ion 1B), lOCo :lL lee:; ~c=.=e :-;;:.r. No:-...:-. ~. 02' 13" ~lt: ;!.i.=i tt.lt
E.4.~: Enc o:i :.he ~O ;::;0; =~~~-oi-w<l.)' of ?c::-=......ooci .Ay~uc:. 2.68,2.5 ieet:::;
~~ of Begizmi..:::g.
EXHiD;, A
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EXHIBIT "B"
The applicant requests flexible development approval of a Comprehensive Infill
Redevelopment Project located at 2394 Gulf-to-Bay Boulevard. The proposed use of
the property is vehicle sales and display in association with the Dayton Andrews
dealership located across Fernwood Avenue at 2388 Gulf-to-Bay Boulevard.
The property was a mixed-use site used as a bar, window tinting business and car
stereo/security system sales and installation, prior to being purchased by the applicant
In February, 2000
Attached is a certified survey which shows the current location of the building on the
site, which will not change As shown on the enclosed site and landscape plan, the
applicant is proposing significant improvements to the site, including the follOWing
(1) Removal of two access drives on Gulf-to-Bay;
(2) Installation of a landscape buffer area surrounding the entire site:
(3) Replacement of a portion of a concrete walkway with interior landscaping;
(4) Installation/completion of sidewalk along Gulf-to-Bay; and
(5) Striping of customer parking area.
The reason for this request is a change in the ownership and use of the property.
Although the applicant is refurbishing the building, no structural changes are proposed
Due to existing conditions, including the property being a double-frontage lot of
substandard dimensions, the site does not comply with Code, as follows:
1. Asphalt pavement is located 10 feet from the right-of-way of Gulf-to-Bay
Boulevard and Code requires a 25-foot setback from the right-of-way The
applicant proposes a continuous 1 a-foot landscaped buffer area along Gulf-to-
Bay Boulevard.
2. Asphalt pavement abuts the right-of-way of Fernwood Avenue and Code requires
a 25-foot setback.
3 The site contains 26,700 sq. ft. plus 4,229 sq ft. of landscaped area within the
right-of-way. The minimum lot size in a "C" district is 40,000 square feet
Similarly, the width of the site is 1 00' where Code requires a 200' minimum lot
width
4 A portion of the building encroaches into the 1 A' side setback. It is located 3 feet
from the easterly property line.
------,
.
.
5 Asphalt pavement encroaches into the 1 A' rear setback.
6. The applicant is providing five (5) customer parking spaces and seeks approval
of a comprehensive parking plan. It is expected that the business will be
operated by no more than two employees at one time. The employees will park
at the nearby Dayton Andrews dealership located at 2388 Gulf-to-Bay Boulevard.
This request meets the criteria for approval of a Comprehensive Infill Redevelopment
Project, as follows:
1. The development or redevelopment of the parcel proposed for
development is otherwise impractical without deviations from the use,
intensity and development standards.
This is a very small commercial parcel - 26,700 sq. ft. - with double-frontage.
making it difficult to comply with Code lot size and setback requirements. The
property to the north is zoned residential and the property to the east is the
existing Sweetwaters' restaurant so enlargement of the site is not feasible.
2. The development of the parcel proposed for development as a
comprehensive infill redevelopment project will not materially reduce the
fair market value of abutting properties.
The proposed single use of the property and refurbishing of the site proposed by
the applicant are an enhancement to the area, especially when compared to the
prior mixed use of the property, including a bar.
3. The uses within the comprehensive infill redevelopment project are
otherwise permitted in the City of Clearwater.
The proposed use as vehicle sales and display IS one of the "minimum
development standard uses" in the Commercial district.
The parcel meets the minimum lot size and lot width under the flexible
development standards for vehicle sales/displays; however, it cannot meet the
flexible approval criteria for vehicle sales/displays because it adjoins a residential
district to the north.
4. The uses or mix of uses within the comprehensive infill redevelopment
project are compatible with adjacent land uses.
The proposed use of the site IS compatible with the adjoining uses along Gulf-to-
Bay--a restaurant and automobile dealership The applicant is proposing
buffering along the northerly property line that will make the site more compatible
with the residential parcel to the north than what currently exists
2
.
.
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.
The proposed use of this site is only feasible because of its proximity to the
applicant's other dealership.
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 site will be upgraded by numerous changes previously described, Including
removal of the access to Gulf-to-Bay and the landscape buffer surrounding the
site.
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 site is located on Gulf-to-Bay which is one of the focuses of the City's
beautification proJect. The proposed changes are a great enhancement to this
corner.
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.
As previously stated, compliance with setbacks, parking, etc. is not possible due
to the size and location of the parcel. Treatment of the use as a comprehensive
infill redevelopment project will allow the site to be improved.
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 prOViding adequate parking for its anticipated amount of
customers. Employees are existing employees of the nearby dealership and will
walk to the subject site. as will some customers. The use as vehicle sales is not
one which lends itself to a large volume of customers at any particular time
3
.
.
Section 3-913. General Standards for level one and level two approval
conditions:
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 applicant is not making structural changes to the building, although it will be
refurbished as shown on the elevation drawing submitted with this application
As previously discussed, the site will be improved with landscaping, which will
reduce the lot coverage. The proposed development will be in harmony with the
surrounding uses - Sweetwaters Restaurant to the east and the Dayton Andrews
dealership to the west. The property will be buffered from the residential parcel
to the north, which is an improvement to its existing condition.
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 change In use (from a multi-use parcel, including a bar) and the
improvements to the site will enhance the neighborhood and should improve
neighboring property values.
3. The proposed development will not adversely affect the health or safety of
persons residing or working in the neighborhood of the proposed use.
The removal of the access drives on Gulf-to-Bay and completion of the sidewalk
will improve safety in this area.
4. The proposed development is designed to minimize traffic congestion.
The proposed removal of the access to Gulf-to-Bay and the striping of
designated parking spaces will greatly improve the traffic flow in and out of the
site and reduce traffic congestion
5. The proposed development is consistent with the community character of
the immediate vicinity of the parcel proposed for development.
The proposed use is consistent with and will be used in conjunction with the
nearby automobile dealership The use of the site is oriented toward Gulf-to-Bay
and Fernwood and will not affect the adjoining restaurant property to the east. A
landscape buffer will be installed between the site and residential parcel to the
north
4
.
.
6. The design of the proposed development minimizes adverse effects,
including visual, acoustic and olfactory and hours of operation impacts, on
adjacent properties.
The change in use will improve the site with regard to acoustical and olfactory
conditions and the proposed landscaping will be a visual enhancement to the
area.
Irrigation:
The proposed landscaped areas Will be irrigated In accordance with Section 3-1202
(General Landscaping Standards) of the Code.
An automatic irrigation system will be provided and maintained in order to provide
complete water coverage for all landscaping materials. All irrigation systems connected
to the public potable water supply system shall include a backflow preventer at the
service connection. All irrigation systems shall be installed so as to minimize spray of
paved areas and sidewalks and shall Include a rain sensor/shut off device as reqUired
by Code. Underground irrigation will not be installed within the driplines of trees unless
root protection measures are provided If available, reclaimed water will be used for
Irrigation purposes.
#231654 v1
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'FRm1 : Par;aSoni ($ FAX SYSTEM.
PHmjE t~O.
8135270769 .
Oct. 19 2000 10:02AM P6
, 'JllU I AS [ill I1JTY, F:-nRIDA
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PREPARED BY AND RETURN TO;
Emil G. Pratesi, Esquire
Richards, Gilkey, Fite, Slaughter,
Pratesi & Ward, P.A.
1253 Park Street
Clearwater, Florida 33756
flC!13449 0")-J4-2000 16:25:4~
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CHANGE,
BY ,__ _____ DEPUTY ClH:k
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PIN[LLRS CO 8K 10B42 PG 1262
IIIIIIII~IIIIIIII~IIIIIIIIIIIIIIIIIIIIIIIIIIIIII
This Deed corrects the Legal Description in O.R. Book'
10501, page 951, Pub:!.ic Records of Pinellas . County,
Florida, on which Documentary Stamps have already been
paid. No additional consideration paid.
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CORRECTIVE WARRANTY DEED
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C~ ~'~~~ -=~= THIS INDENTURE, Made this ~ day of f:ehma~ ' 2000,
H - between THE OYSTER BAR OF CLEARWATER, INC., f k/a CLEARWATER'S
ORIGINAL OYSTER BAR, INC., a Florida corporation, whose address is
2400 Gulf to Bay Boulevard, Clearwater, Florida 33765, Grantor*,
and DAYTON ANDREWS, INC., a Florida corporation, whose address is
2388 Gulf to Bay Boulevard, Clearwater, Florida 33765 Grantee*,
WITNESSETH, That said Grantor, for and in consideration of the
sum of Ten Dollars, and other good and valuable considerations to
said grantor in. hand paid by said grantee, the receipt whereof is
hereby acknowledged, has granted, bargained and sold to the said
grantee, and grantee's heirs and assigns forever, the following
described land, si tuate, lying and being in Pinellas County,
Florida, to-wit:
SEE EXHIBIT IIA" ATTACHED HERETO AND MADE A PART HEREOF
Subject to taxes for the year 1999 and all subsequent years, and
Easements and Restrictions of Record.
Property Tax I.D. No.
18-29-16-00000-240-0700
Grantee's Tax I.D, No.
59-103030
and said grantor hereby fully warrant the title to said land, and
will defend the same against the lawful claims of all persons
whomsoever.
'*" "Grantor" and IIgranteell are used for singular or
plural, as context requires.
IN WITNESS WHEREOF, Grantor has hereunto set grantor's hand
and seal the day and year first above written.
Signed, sealed and delivered
in C".U," prese:lr:::e:
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ame: ......~ . wrer:".1
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Nam~A...u... C......~ ILL
THE OYSTER BAR OF CLEARWATER, INC.
a;J::;:j;~
Albert R. Gaskill, president
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PLAMmm p. OE\TLOPMENT
SERVICES
C'Y 0;' C.,,, ','F..1l
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PHm~E NO.
813527C1769 .
Oct. 19 2C1C1C1 1C1:C13AM P7
STATE OF FLORIDA
COUNTY OF PINELLAS
COUNTY FLR,
PINELLRS 10842 PG 1263
OFF ,REC,8K
I HEREBY. CERTIFY that on this day personally appeared before
me, an officer duly authorized to take acknowledgements, ALBERT R.
GASKILL, as president of The Oyster Bar of Clearwater, Inc., a
Flqrida corporation, who lS personally known to me or who has
produced as identification, and he
is the person described in and who executed the foregoing Warranty
Deed and he acknowledged then and there before me that he executed
the same f0T the purposes therein expressed, and that the said
Warranty Deed is th~ act. and deed of said corporation.
WITNESS my hand and official seal this q~ day of '&J:?YUa.'l '
2000. \ -
N~~i~~~
Notaf-y Public
My Commission expires
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8135270769 .
Oct. 19 2000 10:03AM P8
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PINE::lLAS
O~~,RE::C,8k COUNTY ~lA
10842 F'G 1264
LEGAL DESCRIPTION EXHIBIT PAft
Fro:zn ~he SW corner of Lot 1 of QuIf to J3ay Estates, Unit ,1 (See plat
book 57, page 24, Public Recor.ds of Pinellas County, Plorida) as a
Poi2:t of '~eginrH..<1g, J:li~ soue~ 88 df\grees r;7'~7;' Bas(;~ 1(;0 fef't to the
SP.: corn's;.:;;f s'-\;lrl:1.at .ft ::::l:":;'Ce :.'l:"\l!.1 'South It.~s'ree 02' 13 n W.st, alc;;.ng
tbe East .line of 'the,$E 1/4 of NW 1/4 of Section 18: Township 2s South,
Range 1.6 Bast 267.00 feet;' thence run North 89 degrees 40'55" West,
along the North right-of-way line to Gulf to Bay Boulevard, (said line
being 50 feet N~ly of the East-West center line of said Section 18),
100.01 feet.; t.hence run Nort.h 1 degree 02'13" East along tbe East line
of the 60 foot right-af-way of Fernwood Avenue, 269.25 feet to Point of
Beginning..
~in~las County Property Aeiser Information: 18 29 16 00000 24.0
Page 1 of5
Appraisal information
Building information
Map. 1.00 mile radius
1/8 mile aerial photo
Back to Search Page
~
FEB 2 0 2001
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View Comparable Non-Residential Sales =p:Iil!Ii
f- L () /-0 ( -ClI
Mass Appraisal is the systematic appraisal of groups of properties as of a given date using
standardized procedures and statistical testing. Its purpose is to provide an equitable and
efficient appraisal of all property in a jurisdiction for ad-valorem tax purposes.
We recognize that there is a reasonable range of values within which a property can sell. Our
Mass Appraisal Market Value tends toward the lower end of the range. Recent upgrades or
remodeling efforts completed by a seller in order to prepare a property for sale, especially those
on the interior of a building, are often not reflected in our Comparable Sales Value.
Finally, our values are historical and are developed using arms length sales from the three years
prior to January 1. For this reason, our values are generally lower than what a seller will ask
for a property in today's appreciating market.
Appraisal Information
18 I 29 / 16 / 00000 / 240 / 0700
11-Feb-ZOOI JiM SMith, CFA Pinellas County Property Appraiser 1Z:39:Z1
Non-Residential Property Address. Use. and Sales
COMparable sales value Prop Addr: Z394 GULF TO BAY BLUO
based on historical sales Census Trac t : Z61.03
frOM 1997 - 1999:
0 Sale Date OR Book/Page Price (Qual/UnQ) Vac/Irrlp
Plat InforMation 0 /1.914 4.115/ 93 95.000 (Q) I
0000: Book Pgs - 0 II. 913 4.115/ 93 95.010 (Q) I
0010: Book Pgs - 0 10 0/ 0 0 ( )
0010: Book Pgs - 0 10 0/ 0 0 ( )
2000 Value EXEMPTIONS
Just/Market: 31 Z. 100 HOMestead: 0 OwnerShip % .000
Historic : 0 Use %: .000
Assessed/Cap: 31 Z. 100 Tax Exerrlp t %: .000
Other ExeMp t : 0
Taxable: 31 Z. 100 Ag r icu 1 tural : 0
2000 TAX INFO Land InforMation
Fire District: Seawall: Frontage:
Tax District: CIII View:
Clearwater
00 Millage: ZZ.9935
I ~_,... e.":"".e!Io II......': f- 1:10..........1 I =_"..a I :::u.."'.....
file:IIC:\WI...\Pinellas County Property Appraiser Information 18 29 1600000240 0700.ht 02/17/2001
~inellas County Property Arer Information: 18 29 16 00000 24.0
Page 2 of5
L.0.1 11...1 ~ .LLC UII..L ~ L.o.IIU L.o.IIU L.a.II.....
00 Taxes: 1.190.01 Front x Depth Price Units Meth
1) 100 x ZU 10.00 Z6. 800.00 S
Special Tax: .00 2) 0 x 0 .00 .00
3) 0 x 0 .00 .00
4) 0 x 0 .00 .00
5) 0 x 0 .00 .00
6) 0 x 0 .00 .00
Total Land Value: ZU.OOO
Legal Description
(15-6) E 100FT OF S 318.Z5 FT OF SE 1/4 OF NW 1/4
LESS ST ON S
Building Information
18 / 29 / 16 / 00000 / 240 / 0700 :01
11-Feb-ZOOI Ji~ S~ithJ CFA Pinellas County Property Appraiser IZ:39:Z8
Co~~ercial Card 01 of I I~prove~ent Type: Retail Store
Property Address: Z394 GULF TO BAY BLUo Prop Use: 339 Land Use: II
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
Conc Block/Stucco
o
None
Masonr~ Pillar&Steel
Bar Joist/Rigid FraM
Built Up/Metal/G~ps
Ave rage
Carpet COMbination
P laste red Oi rect
6
Heating & Air Heating&Cooling Pckg
Fixtures IZ
Bath Tile
Electric
Shape Factor
Quali ty
Year Bu i It
Effective Age
Other Depreciation
Function Depreciation
Econo~ic Depreciation
None
Ave rage
Rectangle
Average
I. 964
Z5
o
o
o
sub Areas
Description Factor Area Description Factor Area
1) Base A rea 1.00 3.353 7) .00 0
2) Uti1it~ .40 104 8) .00 0
3) Garage .40 864 9) .00 0
4) Canop~ . Z5 I. I9Z 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
1) ASPHALT 8800 1.00 8.800 8.800 8.810
2) .00 0 0 0
3) .80 0 0 0
file://C:\WI...\Pinellas County Property Appraiser Information 18 29 1600000240 0700.ht
Year
999
o
o
02/17/2001
~infiJlas County Property Aeiser Information: 18 29 16 00000 24.0
Page 1 of5
Appraisal information
Building information
Map. 1.00 mile radius
1/8 mile aerial photo
Back to Search Page
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View Comparable Non-Residential Sales
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Mass Appraisal is the systematic appraisal of groups of properties as of a given date using
standardized procedures and statistical testing. Its purpose is to provide an equitable and
efficient appraisal of all property in a jurisdiction for ad-valorem tax purposes.
We recognize that there is a reasonable range of values within which a property can sell. Our
Mass Appraisal Market Value tends toward the lower end of the range. Recent upgrades or
remodeling efforts completed by a seller in order to prepare a property for sale, especially those
on the interior ofa building, are often not reflected in our Comparable Sales Value.
Finally, our values are historical and are developed using arms length sales from the three years
prior to January 1. For this reason, our values are generally lower than what a seller will ask
for a property in today's appreciating market.
Appraisal Information
18 / 29 / 16 / 00000 / 240 / 0700
I1-Feb-ZOOl JiM SMith, CFA Pine11as County Property Appraiser 1Z:39:Z1
Non-Residential Property Address. Use. and Sales
COl"'lParab 1e sales value Prop Addr: Z394 GULF TO BAY BLUD
based on historical sales Census Trac t : Z61.03
frOM 1997 - 1999:
0 Sale Date OR Book/Page Price (Qual/UnQ) Vac/II"lp
Plat InforMation 0 11. 914 4.115/ 93 95.000 (Q) I
0000: Book Pgs - 0 /1.913 4.115/ 93 95.080 (Q) I
0000: Book Pgs - 0 /0 0/ 0 0 ( )
0000: Book Pgs - 0 /0 0/ 0 0 ( )
2000 Value EXEMPTIONS
Just/Market: 31 Z. 100 HOMestead: 0 Ownership X .000
Historic : 0 Use %: .000
Assessed/Cap: 31 Z. 100 Tax ExeMpt X: .000
Other ExeMp t : 0
Taxable: 31 Z. 100 Agricul tural: 0
2000 TAX INFO Land InforMation
Fire District: Seawall: Frontage:
Tax District: CW View:
ClearllJater
00 Millage: ZZ.9935
I =-......,.... Q":_e. II.....~ ~ 1:=......1"11 I =-_..... I ::!::II..........
file://C:\WI...\Pinellas County Property Appraiser Information 18 29 1600000240 0700.ht 02/17/2001
~inenas County Property Arer Information: 18 29 16 00000 24.0
Page 2 of5
La.IIU ...}.J..LC UII.L .... L.a.IIU LQIIU L.0.1 au
00 Taxes: 7.190.07 Front x Depth Price Units Meth
1) 100 x 2n 10.00 26.800.00 S
Special Tax: .00 2) 0 x 0 .00 .00
3) 0 x 0 .00 .00
4) 0 x 0 .00 .00
5) 0 x 0 .00 .00
6) 0 x 0 .00 .00
Total Land Value: 2n.000
Legal Description
(15- 6) E 100FT OF S 318.25 FT OF SE 1/4 OF NW 1/4
LESS ST ON S
Building Information
18 / 29 / 16 / 00000 / 240 / 0700 :01
17-Feb-2001 JiM SMith, CFA Pinellas County Property Appraiser 12:39:28
COMMercial Card 01 of 1 IMproveMent Type: Retail Store
Property Address: 2394 GULF TO BAY BLUD Prop Use: 339 Land Use: 11
Structural Elements
Foundation
Floor SysteM
Exterior Wall
Height Factor
Party Wall
Structural FraMe
Roof FraMe
Roof Cover
Cabinet & Mill
Floor Finish
Interior Finish
Partition Factor
Spread/Hono Footing
Slab on Grade
Conc Block/Stucco
o
None
Hasonr~ Pillar&Steel
Bar Joist/Rigid FraM
Built Up/Hetal/G~ps
Average
Carpet COMbination
Plastered Direct
6
Heating & Air Heating&Cooling Pckg
Fixtures 12
Bath Tile
Electric
Shape Factor
Quality
Year Built
Effective Age
Other Depreciation
Function Depreciation
EconoMic Depreciation
None
Average
Rectangle
Average
1.964
25
o
o
o
Sub Areas
Description Factor Area Description Factor Area
1) Base Area 1.00 3.353 7) .00 0
2) Utilit~ .40 104 8) .00 0
3) Garage .40 864 9) .00 0
4) Canop~ .25 1.192 10) .00 0
5) .00 0 11) .00 0
6) .00 0 12) .00 0
Commercial Extra Features
Description DiMensions Price Units Value RCD
1) ASPHALT 8800 1.00 8.800 8.800 8.800
2) .00 0 0 0
3) _II I 0 0
file://C:\WI...\Pinellas County Property Appraiser Information 18 29 1600000240 0700.ht
Year
999
o
o
02/17/2001
~in~llas County Property .er Information: 18 29 16 00000 24.0
4)
5)
6)
.00
.00
.00
o 0
o 0
o 0
TOTAL RECORD VALUE:
Page 3 of5
o 0
o 0
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8,800
Map
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1/8 Mile Aerial Photograph
file://C:\WI...\Pinellas County Property Appraiser Information 18 29 1600000240 0700.ht 02/17/2001
. ~in~llas County Property ~er Information: 18 29 16 00000 24.0
Page 4 of5
Pinellas County Property Appraiser
Parcel Information
Back to_SearchJ>ag~
An explanation of this screen
file://C:\ WI...\Pinellas County Property Appraiser Information 18 29 1600000240 0700.ht 02/17/2001
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;inellas County Property +er Information: 18 29 16 00000 24.0
Page 5 of5
file://C:\WI...\Pinellas County Property Appraiser Information 18 29 1600000240 0700.ht 02/17/2001
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ANALYSIS:
The roughly rectangular site is 0.71 acres located on the northeast corner of Fernwood Avenue
and Gulf to Bay Boulevard. The lot has 100 feet of frontage on Gulf to Bay Boulevard (south),
and 267 feet of frontage on Femwood Avenue (west). The site contains one, single-story, 4,347
square foot masonry-block building. The building is painted a light-sand color. The structure was
built in 1964 and has been most recently occupied by a nightclub (closed August 19, 1999) and
two retail sales and service establishments (closed June 7, 2000). The existing building is
located 100 feet from the north (side) and three feet from the east (side) property lines and 39 feet
from the south (front) and 40 feet from the west (front) property lines. The applicant has located
vehicles for sale on every available portion of the lot resulting in inefficient vehicle circulation.
Vehicles have been located within all required setbacks and within the rights-of-way. The
structure and property have undergone some deterioration. There is no landscaping located on
the site.
The site is a comer lot and has two front setbacks along the south (Gulf to Bay Boulevard) and
west (Femwood Avenue) property lines. The property has two side setbacks along the east and
north property lines. The existing vehicle display area extends into the right-of-way along
Femwood Avenue (west) and is located directly adjacent to the Gulf to Bay right-of-way (south).
It contains 41 striped parking spaces. There is a 4,347 square foot, masonry block building on the
site that is painted a light-sand color and has a flat roof. There is no existing landscaping on the
site. There is a dumpster located within the right-of-way at the northwest comer of the site.
The applicant seeks approval of a vehicle sales and display establishment on the site that is
currently in operation. It has been operating illegally since 1999. The applicant expanded the
existing Dayton Andrews establishment (address) onto the subject site without submitting a site
plan application for a change use. The site has a current Code violation (case number COD 1999-
03456) regarding the existing, illegal vehicle sales and display. Numerous meetings have been
held with the applicant in efforts to resolve the violations resulting in the application. Staff
believes the entire Dayton Andrews establishment (2388 and 294 Gulf to Bay Boulevard) should
be brought into Code compliance with this expansion.
The site is located within a highly developed, commercial area on Gulf to Bay Boulevard
adjacent to single and multi-family dwellings to the north. The site is located across Femwood
Avenue from another property owned by the applicant. That property (2388 Gulf to Bay
Boulevard) is the site of Dayton Andrews, a legally operating, vehicle sales and display
establishment. The subject site is intended to operate in conjunction with and support of the
larger site immediately to the west (across Femwood Avenue). They are, however, two legally
separate lots. Minimal site improvements have been proposed for the site at 2388 Gulf to Bay
Boulevard including replacement of dead or dying plant material. This is considered basic
landscape maintenance and is a Code requirement for all property owners. No substantive
improvements are otherwise proposed for the 3.83-acre site.
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Page 1
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The site has two curb cuts on Gulf to Bay Boulevard and two on Ferlmood .\\cnuc. \Vith the
exception of the northernmost curb cut on Fernwood Avenue, the other curb cuts are blocked by
display vehicles. The parking lot circulation is limited, although there is a drive aisle on the site
and display vehicles are in the right-of-way. There is a driveway connection between this site and
the property to the east (Sweetwater's Restaurant). There is no binding agreement related to this
joint access.
The proposal includes the application of a stucco finish and repainting the all sides of the
building. In terms oflandscaping, the project includes a 5.5-foot landscape buffer entirely within
the right-of-way along Fernwood Avenue (west), a six-foot buffer along the side (north) property
line, a five-foot buffer along the side (east) property line and a seven-foot buffer along the front
(Gulf to Bay Boulevard) property line. The minimal landscaping proposed does not meet Code.
Code requires a IS-foot landscape buffer along Gulf to Bay Boulevard and a 10-foot buffer along
Fernwood Avenue. Additional plantings are typically provided along road frontages in cases
where developments lack sufficient landscaping. Applications for infill projects and
Comprehensive Landscape Programs generally provide upgraded landscaping where possible to
mitigate deficiencies elsewhere on the site. Proposed shrub materials are species that will not
reach the required height of 36 inches in height within 12 months of issuance of a certificate of
occupancy; therefore, the proposed landscape buffers will not serve their intended purpose. Code
also requires that a shade tree be planted every 30 feet on center within all required landscape
buffers. No shade trees have been proposed. Deficiencies associated with this development are
not mitigated by this proposal. Additionally, the proposed buffer along the east property line will
not preclude the continued use of the cross access with the site to the east. In the event that this
application is approved, Staff believes a cross access agreement should be filed and recorded
with Pinellas County to maintain permanent legal access or a buffer extending the full length of
the east property line should be provided.
The proposal also includes removing access along Gulf to Bay Boulevard (south) leaving two
access points along Fernwood Avenue (west). The applicant is not, however, proposing to
remove the concrete apron from the curb cuts along Gulf to Bay Boulevard. This will result in an
aesthetically-unpleasing, unfinished appearance and may cause dangerous turning conflicts.
Parking will be revised to provide five parking spaces (including one, ADA-compliant, handicap
space) where 77 spaces are required.
Existing signage includes an approximately 48-square foot, 20-foot high freestanding sign. The
existing sign does not meet Code requirements due to size and height limitations. The applicant
is not planning to modify signage to meet the requirements of Code. The applicant proposes to
add a 20 square foot, attached sign on the south fac;ade of the building which is twice as large as
the Code permits. The site is entitled to one attached sign of 10 square feet and one freestanding
sign of 10 square feet. Signage is determined based upon one square foot of signage per 100
square feet of building fac;ade facing the street frontage from which the building is addressed.
The square footage of the fac;ade is 704 square feet.
Page 2
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The hours of operation for the site will be C):OO a.m. to C):OO p.m., Monday through Friday and
C):OO a.m. to 6:00 p.m. Saturday and Sunday. It is e:-.:pecrcd that there \\ill be no more th~ll1 three
employees on the site any time. The applicant has indicated that there will be approximately 35
vehicles on display on the site at any given time.
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CODE ENFORCEMENT ANALYSIS
The site has a current Code violation (case number CODI999-03456) regarding illegal vehicle
sales and display issued on August 11, 1999. The applicant converted the use of the property to
vehicle sales and display without meeting the Code requirements for a change of use. Numerous
meetings have been held with the applicant in an effort to resolve the violations. This application
is the applicant's attempt to resolve the Code violation.
C. FLEXIBILITY CRITERIA FOR COMPREHENSIVE INFILL REDEVELOPMENT
PROJECTS:
1. The development or redevelopment of the parcel proposed for development is
otherwise impractical without deviations from intensity and development
standards.
The property has been developed with an existing 4,347 square foot building and 41
parking spaces. The site, given the existing lot size and width, would meet Code
requirements for a multitude of uses requiring no special exemptions or deviations from
Code including retail sales and service, office and restaurant. - 'S~~'>"~<'V/ ON;' /=.
The proposal includes reducing the required parking by from 77 spaces to five.
Required parking is based on 2.5 spaces per 1,000 square feet of land area. Staff
believes that this method of calculating parking requirements for this use may be a
scrivener's error and has typically calculated parking space requirements for vehicle
sales and display establishments at 2.5 spaces per 1,000 square feet of gross floor area.
Using this formula, the parking requirement for this site would be 11 parking spaces.
The applicant has not provided a justification for any parking reduction.
The applicant is also proposing to reduce the required landscape buffer from 15 feet to
7.5 feet along Gulf to Bay Boulevard (south) and zero feet along Femwood Avenue
(west), in lieu of a required sidewalk, for the purposes of vehicle display. All proposed
shrub materials are species that will not exceed 24 inches in height and which does not
meet Code requirements that buffer material be able to reach and be maintained at a
height of at least 36 inches in height. The proposed landscape buffers will not serve
their purpose. Code also requires that a shade tree be planted every 30 feet on center
within all required landscape buffers. No shade trees have been proposed.
It should be noted that the City has typically required that landscaping exceed the
minimum Code requirements and that architectural upgrades are provided with
Comprehensive rnfill Redevelopment Projects.
Page 3
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-, The de\'e1opment of the parcel proposed for dc\'cloplllCllt, as a COlllprchcllSi\'c
Infill Redevelopment Project will not materially reduce the fair market value of
abutting properties.
The applicant has not provided any evidence that the proposed use will not materially
reduce the fair market value of abutting properties. The improvements proposed for this
site are minimal and are not in keeping with any other Comprehensive Infill
Redevelopment Project approved by the City. Changes proposed for the building only
include the application of a beige, stucco finish and a gray, stucco fascia on the south
and west fa<;ade. Site improvements include closing two existing driveways on Gulf to
Bay Boulevard but not removing the curb cuts.
The proposal also includes providing minimal landscaping which does not meet Code.
Code requires a 15- foot landscape buffer along Gulf to Bay Boulevard and a 10- foot
buffer along Femwood Avenue. Typical landscape buffers for Comprehensive Infill
Redevelopment Projects and/or Comprehensive Landscape Programs include a tiered
effect along all street frontages. Additional landscape requirements for frontages of
developments proposing a Comprehensive Infill Redevelopment Project and/or
Comprehensive Landscape Programs are usually mitigating deficiencies elsewhere on
the site. The proposal includes a 7.5 landscape buffer with no tiered effect along Gulf to
Bay Boulevard and a five-foot landscape buffer completely within the public right-of-
way along Femwood Avenue. This buffer has been proposed in lieu of a required
sidewalk. All proposed shrub materials are species that will reach a maximum height of
24 inches in height. This does not meet the Code requirement that buffer material be
able to reach and be maintained at a height of at least 36 inches in height. The proposed
landscape buffers will not serve their purpose. Code also requires that a shade tree be
planted every 30 feet on center within all required landscape buffers. No shade trees
have been proposed. Deficiencies associated with this development are not mitigated by
this proposal.
Code also requires a minimum of 10 percent interior landscape area based on the
amount of vehicular use area. The proposal includes approximately two percent interior
landscape area and includes two palm trees and six fountain grasses.
A new, 20 square foot attached sign is proposed on the south fa<;ade of the building that
does not meet Code requirements. The proposed sign exceeds Code requirements. In
this instance, this building is entitled to one, 10 square foot, attached sign. It is possible
for the sign area to be doubled to 20 square feet through a Comprehensive Sign
Program. An application for a Comprehensive Sign Program has not been submitted.
Page 4
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J. The lIses \vithin the CompreheilSi\c lllr:ll 1~l'den'l()plm'llt :'LJjC::t ;lr~' utLL'r.li,)L'
permitted in the District.
The Commercial District permits vehicle sales and display establishments. The
proposed use is a permitted use within the City of Clearwater.
4. The uses or mix of uses within the Comprehensive Infill Redevelopment Project
are compatible with adjacent land uses.
The surrounding uses are a mix of attached dwellings, commercial, vehicle sales and
display and retail sales and service uses. While vehicle sales and display, in and of itself,
may be compatible with adjacent land uses, the intensity of the use is not when no
meaningful buffer is provided. The applicant has literally covered almost every square
inch of the site with vehicles for sale leaving substandard (at best) vehicle circulation.
Vehicles have been located within all required setbacks and within the rights-of-way.
The expanded vehicle sales and display, as proposed, will not be compatible with and
may discourage other like redevelopment projects of neighboring sites.
5. Suitable sites for development or redevelopment of the uses or mix of uses with the
comprehensive in fill redevelopment project are not otherwise available in the City
of Clearwater.
The property is located within an intensely developed, commercial area of the City. The
renovation and expansion of the vehicle sales and display use, which does not meet
Code, is inconsistent with the redevelopment plans for Gulf to Bay Boulevard and the
City as a whole. In no instance, for any project located on Gulf to Bay Boulevard has
the required landscape buffer been reduced to less than 15 feet except for cases where
an existing building prevents such a buffer. Even in those situations, additional
landscape material was provided in the narrow buffer area. The site may be suitable for
its existing and intended use, but must adhere to landscape, parking and circulation
standards. Additional, the existing building should be upgraded. The only apparent
reason for this location is the site's adjacency to the larger, original vehicle sales and
display use to the west. However, the applicant has been unwilling to relate the two
sites and provide meaningful improvements to either property.
Page 5
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(). 'rhC' dC\'l'loprncllt of the parc~\: prupu:,.._<l ~'i)l' \.L..:vcii)iJU1Lilt ..L) ~t ~"~}d'j)f(':~...~L,:\ \-'
Infill Redevelopment Project will upgrade the immediate vicinity of the parcel
proposed for development.
Minimal landscaping along the perimeter of the site will not meet Code requirements.
Landscaping proposed for the front (west) property along Femwood Avenue will not be
located on the applicant's site but in the right-of-way. All proposed shrub materials are
species that will not exceed 24 inches in height and will not meet the Code requirement
that buffer material be able to reach and be maintained at a height of at least 36 inches
in height. The proposed landscape buffers will not serve their purpose. Code also
requires that a shade tree be planted every 30 feet on center within all required
landscape buffers. No shade trees have been proposed.
Minimal changes proposed for the building include the application of a beige, stucco
finish and a gray, stucco fascia on the south fayade. A new, 20 square foot, attached sign
proposed for the south elevation is twice the area allowed by Code. The economic value
of the structure and site is not expected to increase with the proposed enhancements and
will not compliment the neighborhood. The proposal is inconsistent with level of
architecture, landscaping and site design of other, previously approved, Comprehensive
Infill Redevelopment Projects, the redevelopment efforts of Gulf to Bay Boulevard and
the City as a whole.
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 improvements to the site and structure are minimal in nature and include
the application of a beige, stucco finish and a gray, stucco fascia on the south and west
fayade only and landscaping which will not meet the minimum requirements of Code.
The minimal investments made to this site are not expected to benefit the immediate
neighborhood and have little potential to influence adjacent property owners to further
improve their properties. The applicant has not adequately demonstrated that the
proposal provides a form and/or function that enhances the community character of the
immediate vicinity of the parcel or the City of Clearwater as a whole.
Page 6
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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.
The applicant has not adequately demonstrated that the proposed improvements to the
site and structure will result in increased property values and enhanced community
character. Setbacks on all sides will remain the same. Minimal changes to site and
building is proposed. The east setback will decrease from three feet to 1.6 feet with this
proposal. The applicant has not shown that there is adequate parking to meet the current
or future demand. The proposal is not in keeping with the emerging character of the
area, the continuing efforts of the private and public sector to improve the Gulf to Bay
Boulevard corridor or with revitalization efforts of the City as a whole. The limited
improvements to this site are not expected to promote reinvestment in the
neighborhood.
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 proposal includes a parking reduction from 77 spaces to five spaces. Required
parking is based on 2.5 spaces per 1,000 square feet ofland area. Staff believes that this
method of calculating parking requirements for this use may be a scrivener's error and
has typically calculated parking space requirements for vehicle sales and display
establishments at 2.5 spaces per 1,000 square feet of gross floor area. Using this
formula, the parking requirement for this site would be 11 parking spaces. The
applicant has not provided any information justifying a parking reduction from 11
spaces to five spaces. It is unclear how many spaces are needed to meet the demands of
the use.
Page 7
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D. GENERAL APPLICABILITY: 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 site currently includes vehicles on display for sale zero feet from all property lines.
There is currently no landscaping provided on the site. The landscaping included with
this proposal are a negligible improvement over what is there now. The proposal is
inconsistent with the redevelopment efforts initiated by the City along Gulf to Bay
Boulevard. The proposal includes the continued use of the site for vehicle sales and
display. The proposal also includes vehicle display areas located within all required
setbacks, eliminate all required interior landscape area, eliminate the required 10- foot
landscape buffer along Femwood Avenue (west) and reduce by half, the required
landscape buffer along the City's primary east-west corridor.
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 while the proposed use, in and of itself, will
be in compliance with that zoning, the proposal does not meet most of the Code
requirements. The proposal in inconsistent with redevelopment efforts initiated by the
City along Gulf to Bay Boulevard. The proposed development is not expected to
encourage appropriate redevelopment and use of adjacent land buildings.
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 development will .. adversely affect the health or safety or persons residing or
working in the neighborhood. The applicant has proposed to block, but not eliminate,
two driveways along Gulf to Bay Boulevard. The City's Traffic Operations Engineer
has asserted that leaving the two curb cuts along Gulf to Bay Boulevard is dangerous
and has required that they be removed with this proposal.
Page 8
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The applicant has proposed to block, but not eliminate, two driveways along Gulf to
Bay Boulevard. The City's Traffic Operations Engineer has asserted that leaving the
two curb cuts along Gulf to Bay Boulevard is dangero].ls and has required that they be
removed with this proposal. That requirement waJ<1.~hcluded with the submitted site
plan. The City's Traffic Operations Engineer also requires the removal of a second
driveway, located approximately 45 feet north of Gulf to Bay Boulevard, along
Fernwood Avenue. That requirement was also not included with the submission.
5. The proposed development is consistent with the community character of the
immediate vicinity of the parcel proposed for development.
The proposed development is inconsistent with the community character of the
immediate vicinity that includes an emerging redevelopment pattern of existing
commercial, overnight accommodation and other non-residential uses. The proposal
does not further the private and public sectors improvements along the Gulf to Bay
Boulevard corridor. At a minimum, other redevelopment projects have installed a 15-
foot wide landscape buffer along Gulf to Bay Boulevard and provided architectural
upgrades and enhancements to existing or proposed buildings.
6. The design of the proposed development minimizes adverse effects, including
visual, acoustic and olfactory and hours of operation impacts, on adjacent
properties.
The proposed development includes inadequate landscaping and the location of display
vehicles within all required setbacks. Vehicle display areas are currently and will
continue to be located directly on the front (west) property line along Fernwood
Avenue. Landscaping is proposed that will not adequately buffer the site, as all
proposed shrub materials are species that will not exceed 24 inches in height. This will
not meet the Code requirement that buffer material be able to reach and be maintained at
a height of at least 36 inches in height. The proposed perimeter landscaping will not
serve their intended purpose to buffer the site. Code also requires that a shade tree be
planted every 30 feet on center within all required landscape buffers. No shade trees
have been proposed.
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Page 9
.
.
SUMMARY AND RECOMMENDATION:
The application and supporting materials were reviewed by the Development Review Committee
on February 15, 2001. The proposal is not in compliance with the standards and criteria for
Flexible Development approval, with the maximum development potential, requirements of
Comprehensive Infill Redevelopment Projects, or with all applicable standards of the
Community Development Code.
The Planning Department recommends DENIAL of the Flexible Development approval to
permit vehicle sales and display in the Commercial District, for the site at 2394 Gulf to Bay
Boulevard, as part of a Comprehensive Infill Redevelopment Project with the following bases:
.
The proposed site improvements include minimal landscaping which do not meet the intent
of Code, the requirements for a Comprehensive Infill Redevelopment Projects and are
inconsistent with previously approved Comprehensive Infill Redevelopment Projects and the
redevelopment efforts along Gulf to Bay Boulevard;
The internal circulation is made difficult if not impossible;
The minimal improvements to the building do not meet the intent of Code, the requirements
for a Comprehensive Infill Redevelopment Projects and are inconsistent with previously
approved Comprehensive Infill Redevelopment Projects and the redevelopment efforts along
Gulf to Bay Boulevard; I "-
The existing and proposed signage does not meet Code requirements; - frr.fv"l'J n-ft.-uf
The two curb cuts along Gulf to Bay Boulevard will be closed offbut not removed creating a
danger to motorists; r f'I{I"'" ~ ~
Adequate parking is not provided; and
Adequate buffering is not provided between the subject site and adjacent residential uses to
the north.
.
.
.
.
.
.
Prepared by: Mark T. Parry, Planner
ATTACHMENTS:
Aerial Photograph of Site and Vicinity
Location Map
Future Land Use Map
Zoning Atlas Map
Application
Traffic Study
S:\Planning DepartmentlC D BIFLEX\Pending Applications I Gulf to Bay 2394 Dayton AndrewslGulfto Bay 2394 CDB Notes.doc
Page 10
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. CITY OF CLE:ltWATER
APPLICATION FOR SITE PLAN APPROVAL
PLANNING & DEVELOPlVIENT SERVICES ADlVIThTISTRATION
MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, 2nd FLOOR
PHONE (727)-562-4567 FAX (727) 562-4576
This form must be submitted for all applications for residential uses, accessory uses, nonresidential uses, fences,
Signs, vested rights, development agreements, seawalls, docks, marinas and other marine structu and home occupations.
2388 Gulf-to-Bay Boulevard,
APPLICANT, PROPERTY OWNER, AND AGENT INFORMATION:
DAY'IDN ANDREWS, INC.
APPLICANT NAME:
MAILING ADDRESS
PHONE NUMBER
PROPERTY OWNERS
AGENT NAME
MAILING ADDRESS
PHONE NUMBER
(727)799-4539
FAX NUMBER :
DAYTON ANDREWS, INC., a Florida cortX>ratio
(List all owners)
TIMJTHY A. JOHNSCN, JR., ESQUIRE
911 CHESTNUT STREET, P. O. BOX 1368, CLEARWATER, FL 33757-1368
(727) 4fiJ-1R1R
FAX NUMBER: (727) 462-0365
PROPOSED DEVELOPMENT INFORMATION:
2394 Gulf-to-Bay Boulevard
STREET ADDRESS:
LEGAL DESCRIPTION:
PARCEL NUMBER:
PROPOSED USE AND SIZE:
See Exhibit "A" attached hereto.
18/29/16/00000/240/0700
Vehicle sales - 4,347 sq. ft. building
(number of dwelling units, hotel rooms or square footage of nonresidential use)
30,929 sq. ft. (.71 acre)
Requesting flexible developrrent approval of Corrprehensive Infill
DESCRIPTION OF REQUEST:
Redeveloprrent Project described in detail on Exhibit "B" attached.
DOES THIS APPLICATION INVOLVE THE TRANSFER OF DEVELOPMENT RIGHTS? YES _ NO -X-
SIZE OF SITE:
I, the undersigned, acknowledge that all
representations made in this application
are true and accurate to the best of my
knowledge. I
/
/
STATE OF FLORIDA, COUNTY OF PINELLAS
23rd day of
2001 to me and/or
, who is personally
___ ;:t~
Sworn to and subscribed before me this
January ,A.D., ~
by 'Pi mthy A. Johnson, Jr.
known h~ ________
i~
NOa1~
my commission expires:
Signature f property owner or represen ative
Ti.nnbhy A. Johnson, Jr.
t.~
..'o't.....~./.. Jayne E. Sears
F:"( b"f;~ MY COMMISSION # CC646775 EXPIRES
~~'~'~":': September 2, 2001
....:,~.....\.~,' I
FOR PLANNING OFFICE USE ONLY:
LAND USE DISTRICT OF PARCEL:
ZONING CLASSIFICATION OF ADJACENT PARCELS
ZONING: C FUTURE DESIGNATION:
NORTH: rrll2.fZ- SOUTH~fll> EAST (
CD
WEST L..
FUTURE LAND USE CLASSIFICATION OF ADJACENT PARCELS: NORTH: SOUTH:
EAST
WEST:
S apolication forms/development review/basic application doc
2904 tg ~ 2iS. - f0t:.
FILE
F L (:) ( -cJ( .~)
FAX 727 441 8617 ,TOHNSO!\,BLAKELY [iJ002
. AFFIDAVIT TO AUTIIOAE AGENT
PLANNING & DEVELOPMENT SERVIClS-AD1\1INISTRA nON
MUNICIPAl.. SERVICES :BUILDING, 100 soum MYRTLE AVENUE, 2011 FLOOR.
PHONE (727)-562-4567 PAX (7'},1) 562-4576
STATE OF' FLORIDA
COUNTY OF PINELLAS
DAn'CN ~RE.WS. INC~. a F1Qrid? fYlrpn~ti n'l"l
(N~me off all propMv ClWI'l.rs)
Dayton A:ndre;:s, Inc. is .
1. That~);the owner{s) and record title holder(s) of the following described property:
ADDRESS O~ GENERAL LOCATION: 2394 Gulf-to-Eay Boulevard, Clea;r;wa-eer, FL
(Parcel No. 18/29/16/00000/240/0700)
I That tt,is property constitute3 the property for which a reque-5t for a:
Flexible davelopttEnt approval of a COll1f>iehensive Infill Redevelopnent Project
described in th@: attacherl application.
(Nature of requ.l)
That the undersigned (has/have) appointed and (does/do) appoint
Tim:::lthyA. Johnson, Jr., Esquire or W.A. Adams, Jr.
'1& (his/ttu:ir) agenl(s) to !!)(!!cUl" any p9titiOM or alher dOCtlmllnls nllell=s.ary to ",ff...,t ~ucn pet~ion:
That this affidavit has been executed to induce the City of Clearwater. Florida to consider and act
on the above described property:
That (1/we), the undersigned authority, hereby certify that the foregoing is true and correct.
DAYTON AND ,. :rNC., a. Flori& corporation
By: S
STI\TE OF FLORIDA, COUNTY OF ~1r.lELLAS
Sw~ a"d subscribed before me this c?~day of
a {c rG A.D., .:Hr 2co J to me andlor
by <. 'L / ~ I Wflo ;5 ~erson.aIlV
~ha.s ,oroduc;ed
.as identiffcatiOI'\:
, tI'Mll1'
j ~ :"'fr... PATRICIA S. STEVENS
..} ~*~ j*~ I;~V COMMISSION # CC 797149
~ ~""''''~~ , r.XPIRES: December 27,2002
_ ~P.f.lfl\" 8o~ded Thru Notary Public Underwriters
GNED (F'rf,lJwty Owner)
3lN EO (~rop@rt.,.. O;\iiar)
. ~''''''''',-'.'.n;~,.t\'4\~...",.....,....~~....~.
;NED (Froperty Cll/l'ler)
~olary public,
My ~ommission upir@s:
.'
'.
~
EXHIBIT,A
From the SW ~or:Der :11 Lot 1 oi G-u.H tc Bay Eata.te6, Unit 1 (See pl.t bool:
57. paie 24. Public R ecordil 01 PiAe~~ County. Floric:b.):u a. FaUlt at
aeg~\ni, rWl Sca~th 88- 571 ~7" E.:A.c;. 100 le8t tothe SE corner of aaid
Lot 1; thence ru.c South 1- OZ' 13" Weat, ...1W1~ the East Hna of the SE lit rI! NW 1/+
ai S.ctio.n lB. Towna.hip 29 South, R~i. lb E,&at 2.b7. 00 1..t; Ule~ce ~
North 89- 40' 55" West. .J.ODg the North =iiht-a!-way l~e of C~U to Ih,y
Bou.lev..rd. (...id line being 50 .feet N'ly of the !:a.at- Wc1Jt ctmter lw a!
.~id Sec~cm 18). 100. at i.et; tbe:oce ~ North 1. 02' 13" Ea.&t a.1ani the
~.t liD- ai the bO 1.00; riiht-oi-way of Fernwood. .AvCDue. ~o8. Z5 feet to
...Po Urt of Be i i::u:1 ing .
EXHIBIT. A
.
.
EXHIBIT "B"
The applicant requests flexible development approval of a Comprehensive Infill
Redevelopment Project located at 2394 Gulf-to-Bay Boulevard. The proposed use of
the property is vehicle sales and display in association with the Dayton Andrews
dealership located across Fernwood Avenue at 2388 Gulf-to-Bay Boulevard.
The property was a mixed-use site used as a bar, window tinting business and car
stereo/security system sales and installation, prior to being purchased by the applicant
in February, 2000.
Attached is a certified survey which shows the current location of the building on the
site, which will not change. As shown on the enclosed site and landscape plan, the
applicant is proposing significant improvements to the site, including the following:
(1) Removal of two access drives on Gulf-to-Bay;
(2) Installation of a landscape buffer area surrounding the entire site;
(3) Replacement of a portion of a concrete walkway with interior landscaping;
(4) Installation/completion of sidewalk along Gulf-to-Bay; and
(5) Striping of customer parking area.
The reason for this request is a change in the ownership and use of the property.
Although the applicant is refurbishing the building, no structural changes are proposed.
Due to existing conditions, including the property being a double-frontage lot of
substandard dimensions, the site does not comply with Code, as follows:
1. Asphalt pavement is located 10 feet from the right-of-way of Gulf-to-Bay
Boulevard and Code requires a 25-foot setback from the right-of-way. The
applicant proposes a continuous 10-foot landscaped buffer area along Gulf-to-
Bay Boulevard.
2. Asphalt pavement abuts the right-of-way of Fernwood Avenue and Code requires
a 25-foot setback.
3. The site contains 26,700 sq. ft. plus 4,229 sq. ft. of landscaped area within the
right-of-way. The minimum lot size in a "C" district is 40,000 square feet.
Similarly, the width of the site is 1 00' where Code requires a 200' minimum lot
width.
4. A portion of the building encroaches into the 1 0' side setback. It is located 3 feet
from the easterly property line.
.
.
5. Asphalt pavement encroaches into the 10' rear setback.
6. The applicant is providing five (5) customer parking spaces and seeks approval
of a comprehensive parking plan. It is expected that the business will be
operated by no more than two employees at one time. The employees will park
at the nearby Dayton Andrews dealership located at 2388 Gulf-to-Bay Boulevard.
This request meets the criteria for approval of a Comprehensive Infill Redevelopment
Project, as follows:
1. The development or redevelopment of the parcel proposed for
development is otherwise impractical without deviations from the use,
intensity and development standards.
This is a very small commercial parcel - 26,700 sq. ft. - with double-frontage,
making it difficult to comply with Code lot size and setback requirements. The
property to the north is zoned residential and the property to the east is the
existing Sweetwaters' restaurant so enlargement of the site is not feasible.
2. The development of the parcel proposed for development as a
comprehensive infill redevelopment project will not materially reduce the
fair market value of abutting properties.
The proposed single use of the property and refurbishing of the site proposed by
the applicant are an enhancement to the area, especially when compared to the
prior mixed use of the property, including a bar.
3. The uses within the comprehensive infill redevelopment project are
otherwise permitted in the City of Clearwater.
The proposed use as vehicle sales and display is one of the "minimum
development standard uses" in the Commercial district.
The parcel meets the minimum lot size and lot width under the flexible
development standards for vehicle sales/displays; however, it cannot meet the
flexible approval criteria for vehicle sales/displays because it adjoins a residential
district to the north.
4. The uses or mix of uses within the comprehensive infill redevelopment
project are compatible with adjacent land uses.
The proposed use of the site is compatible with the adjoining uses along Gulf-to-
Bay--a restaurant and automobile dealership. The applicant is proposing
buffering along the northerly prop$rty line that will make the site more compatible
with the residential parcel to the north than what currently exists.
2
.
.
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.
The proposed use of this site is only feasible because of its proximity to the
applicant's other dealership.
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 site will be upgraded by numerous changes previously described, including
removal of the access to Gulf-to-Bay and the landscape buffer surrounding the
site.
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 site is located on Gulf-to-Bay which is one of the focuses of the City's
beautification project. The proposed changes are a great enhancement to this
corner.
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.
As previously stated, compliance with setbacks, parking, etc. is not possible due
to the size and location of the parcel. Treatment of the use as a comprehensive
infill redevelopment project will allow the site to be improved.
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 providing adequate parking for its anticipated amount of
customers. Employees are existing employees of the nearby dealership and will
walk to the subject site, as will some customers. The use as vehicle sales is not
one which lends itself to a large volume of customers at any particular time.
3
I
I
.
.
Section 3-913. General Standards for level one and level two approval
conditions:
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 applicant is not making structural changes to the building, although it will be
refurbished as shown on the elevation drawing submitted with this application.
As previously discussed, the site will be improved with landscaping, which will
reduce the lot coverage. The proposed development will be in harmony with the
surrounding uses - Sweetwaters Restaurant to the east and the Dayton Andrews
dealership to the west. The property will be buffered from the residential parcel
to the north, which is an improvement to its existing condition.
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 change in use (from a multi-use parcel, including a bar) and the
improvements to the site will enhance the neighborhood and should improve
neighboring property values.
3. The proposed development will not adversely affect the health or safety of
persons residing or working in the neighborhood of the proposed use.
The removal of the access drives on Gulf-to-Bay and completion of the sidewalk
will improve safety in this area.
4. The proposed development is designed to minimize traffic congestion.
The proposed removal of the access to Gulf-to-Bay and the striping of
designated parking spaces will greatly improve the traffic flow in and out of the
site and reduce traffic congestion.
5. The proposed development is consistent with the community character of
the immediate vicinity of the parcel proposed for development.
The proposed use is consistent with and will be used in conjunction with the
nearby automobile dealership. The use of the site is oriented toward Gulf-to-Bay
and Fernwood and will not affect the adjoining restaurant property to the east. A
landscape buffer will be installed between the site and residential parcel to the
north.
4
j
.
.
6. The design of the proposed development mmlmlzes adverse effects,
including visual, acoustic and olfactory and hours of operation impacts, on
adjacent properties.
The change in use will improve the site with regard to acoustical and olfactory
conditions and the proposed landscaping will be a visual enhancement to the
area.
Irrigation:
The proposed landscaped areas will be irrigated in accordance with Section 3-1202
(General Landscaping Standards) of the Code.
An automatic irrigation system will be provided and maintained in order to provide
complete water coverage for all landscaping materials. All irrigation systems connected
to the public potable water supply system shall include a backflow preventer at the
service connection. All irrigation systems shall be installed so as to minimize spray of
paved areas and sidewalks and shall include a rain sensor/shut off device as required
by Code. Underground irrigation will not be installed within the driplines of trees unless
root protection measures are provided. If available, reclaimed water will be used for
irrigation purposes.
5
FROM: Panasonic FAX SYSTEM
.
PHmjE ~~O.
8135270769
. Oct. 19 2000 10:02AM P6
, ',i, ~.: ! . ili. 1,II,),i'l..i', ~ ~J' r.:'i: i.,! '.d)L!I;'1
j 'WU.i. AS cn:lNTY, FLORIDA
.. ~ .....'M.._...___..._......,_.__.___..._...._...______...............
PREPARED BY AND RETURN TO:
Emil G. Pratesi, Esquire
Richards, Gilkey, Fite, Slaughter,
Pratesi & Ward, P.A.
1253 Park street
Clearwater, Florida 33756
8C11.3449 0'i-1.4-2000 16 ~ 25: 49
~)l DED-DAYTON ANDREWS
OQOOOOOOOO
rf1~ fit; SPG:
RECORDING 003 PAGES 1
DOC STAMP ~ Dr,:21'j ,)
ACG
'"(If'
t:.rQ:
$15.00
$.70
TOT AL:
F' C;' lEeK AMT. TENDERED;
CHANGE:
BY __ _____ DEPUTY CLERK
$1.5.70
$15.'7D
$.00
."-'--
00-073909 MAR-14-2000 <4: 2Sp"
PINELLAS co 8K 10942 PG 1262
I mlm I~Ulm 11111.1111I mlUIIIIIIIIII~11 mil.
This Dee~ correc~s the Legal Description in O.R. Book
1.0501, p.age 951, Pub:!.ic Records of. Pinellas . County,
Florida, on which Documentary Stamps have already .been
paid. No additional consideration paid.
3-
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CORRECTIVE WARRANTY DEED
...--.... .~- --
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HC6 ~~~~ -~~~twe;~I~i:D~:;:-:, B~~d~:h~~E~E'k~Y ~~C .~~%1~LEARWA;~~~ S
ORIGINAL.OYSTER BAR, INC., a Florida corporation, whose address' is
2400, Gulf to Bay Boulevard, Clearwater, Flor'ida 33765, Grantcir*,.
and DAYTON ANDREWS, INC., . a Florida corporation, whose address is
2388 Gulf to Bay Boulevard, Clearwater, Florida 33765 Grantee*,
WITNESSETH;, That said Grantor, for and in consideration of the
.stim of 'Ten. Dollars, and other good and valuable considerations to
said grantor in', hand paid by said grantee, the receipt whereof, is
. 'hereby 'acknowledged, has granted, bargained and sold to the said .
grEmtee, . and gr'antee' s- heirs and assigns forever, the following
described land, situate, lying and being in Pinellas County,
Florida, to-wit:
SEE EXHIBIT IIA" AT'l'ACHED HERETO AND MADE A PART HEREOF
Subject to taxes for the year 1999 and all subsequent years, and.
Easements and Restrictions of Record.
Property Tax I.D. No~
18-29-16-00000-240-0700
Grantee's Tax I.D. No.
59-103030
and said grantor hereby fully warrant the title to said land; and.
will defend the same against the lawful claims of all persons
whomsoever.
*"Grantor" and IIgrantee 11 are used for singular or
plural, as~context requires.
IN WITNESS WHEREOF, Grantor has hereunto set grantor's hand
and seal the day and year first above written.
Signed, sealed-and delivered
in C"..u.'prese:1oe:
k~' '.
VJ0 .. '~.,. "
. ame: . "-!laG- fJ ~r:;,~.l
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. Na ~..tooUl. C.....~Iu....
THE OYSTER BAR OF CLEARWATER, INC.
a ;;;;;:;r;~
Albert R.Gaskill, president
FROM : P~nasonic FAX SYSTEM
'10. ..
- .
.
PHONE NO.
8135270759
.
Oct. 19 2000 10:03AM P7
COUNTY fLR.
~lNELLRS 10842 pG 1263
Off ,RE:C.E3K
STATE OF FLORIDA
COUNTY OF PINELLAS
I HEREBY CERTIFY that on this day personally appeared before
me, an officer duly authorized to take acknowledgements, ALBERT R.
GASKILL, as president of The Oyster Bar of Clearwater, Inc., a
Florida corporation, who is personally known to me or who has
produced as identification, and he
is the person described in and who executed the foregoing Warranty
Deed and he acknowledged then and there before me that he executed
the same for the purposes therein expressed, and that the said
Warranty Deed is th~ aCl: and d.eed of said corporati.on.
WITNESS my hand and official seal this q~ day of &1:?vuttN ,
2000. ----y-
expires.
; . ""i('~' DAWN M..SHCRES
JtNt'/ . . ..
LW' ....t itt~'CC5UiIM
3 · . I - . EXPIlE8:......s.., .
/ M llIi'IIIIIlIW _. ~
EGP/ljw
c;:\\oIp5lVorms\oyster.wd
FROM : P~nasonic FAX SYSTEM
PHONE NO.
.
8135270769
.
PINE:LlAS
OF"F",RE:C.81<
.
. . ,,. .
LEGAL DESCRIPTION EXHIBIT ~Aft
Oct. 19 2000 10:03AM P8
COUNTY F"LA
J0842 Pc; 12S~
From the SW eorne;r of Lot 1 of aulf to Say Estates, Unit.1 (See pla,t
book 57, p~ge 24, Public, Records of Pinellas County, Florida) 'as a
poi!:.t of .~.egimi.to.9',. J.,i'l- Souti;t88 dfl}gree~ r;7'<'"J,;t Bast~ 1.nO fet!lt to the
SE eorne:.~';;f t.1'-l;t.l'i:':T,ot .~'i" :::l;"::.c:e :ru:n 'South 1t.~s'ree 02' 13 n W.st, . along
tbe Eaat.1i=e 'of 't.he. SE1/4 of NW 1/4 of Section 18; Township 2'9 South,
Range 16 Bast 267.'00' ,feet:' t.hence run North 89 de51rees 40' 55" Wes,t,
along t.he,North right.:-of-way line to Gulf to Bay Boulevard, (said line
being 50 feet N'ly of the East-West center line of said SeC!tion. 18l,
100.0J. feet.; t.hence run North 1 degx-ee 02'13" East along the East line
of the 60 foot right-of-way of Pernwood Avenue, 268.25 feet to Point of
Beginning.
Receipt No:
Date:
1199826435
1/25/2001
.
.
Line Items:
Case No
Tran Code
-MISC
Description
Mise Fees - 120,500.00 @ $0.01
Revenue Account No.
010-341405
Amount Due
$1,205.00
Payments:
Method
Cheek
Payer
WA ADAMS JR CONSTRUCTION
Bank No Acct Check No
9954
Amount Paid
TOTAL AMOUNT PAID:
$1,205.00
$1,205.00
r ..;::.1"&:'::1..111...:.011.1:0....'1.::1-......1; f..'III, "'II l.:l .....1 ,'11........'1:...1.]:.1.11.111 ICcWI'..:I:II:r,!'III:;-.1.:". _"'"1.111..;'1.1...1 .,:I...I...J::I......,;;.....1UI~
14/4./ :A3q~ ~~~- Cl!i~ I AT INVOCE AMOUNT
Vr::::t:'^ f W.A. ADAMS, Jr. coNSTiil1CTforJ INC. '4#" ~
~p , 2965 47TH AVENUE NORTH
C1.j:J~}OwJ2::!ETERSBURG. FLORIDA 33714-3935
SUNThUST
SUNTRUST BANK. TAMPA BAY
3601 34TH STREET NORTH
ST. PETERSBURG, FLORIDA 33713
63-656/631
9954
TO THE ORDER OF
DOLLARS
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JOHNSON, BLAKELY, POPE, BOKOR, RUPPEL & BURNS, P.A.
A TTORNEYS AND COUNSELLORS AT LA W
E. D. ARMSTRONG III
JOHN T. BLAKELY
BRUCE H. BOKOR
GUY M. BURNS
JONATHAN S. COLEMAN
MICHAEL T. CRONIN
ROBERT M. DAISLEY
ELIZABETH J. DANIELS
MARJON HALE
SCOTT C. ILGENFRJTZ
FRANK R. JAKES
TIMOTHY A. JOHNSON, JR.
SHARON E. KRJCK
ROGER A. LARSON
JOHN R. LAWSON, JR.'
MICHAEL G. LITTLE
MICHAEL C. MARKHAM
STEPHANIE T. MARQUARDT
A.R. "CHARLIE" NEAL
F. WALLACE POPE, JR.
ROBERT V. POTTER, JR.
DONALD P. REED
DARRYL R. RJCHARDS
PETER A. RJVELLINI
DENNIS G. RUPPEL'
CHARLES A. SAMARKOS
PHILIP M. SHASTEEN
JOAN M. VECCHIOLI
STEVEN H. WEINBERGER
AMBER F. WILLIAMS
JULIUS J. ZSCHAU
'OF COUNSEL
PLEASE REPLY TO CLEARWATER
FILE NO. 41033.101650
February 9, 2001
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Via Hand Delivery
Mr. Mark T. Parry, Planner
City of Clearwater Planning Dept.
100 South Myrtle Avenue
Clearwater, FL 33756
',Ill
.'"
,J
Re: Dayton Andrews Application for Flexible Development (FL01-01-03)
Dear Mark:
Enclosed are 13 sets of each of the following in connection with the referenced
application:
1) Existing and proposed front elevation (this is a revised version);
2) Existing and proposed left side elevation (west);
3) Existing right side (west) elevation and existing rear elevation;
4) Proposed site and landscape plan (revised) for 2394 Gulf-to-Bay; and
5) Proposed landscape plan for 2388 Gulf-to-Bay.
I will be on vacation the week of February 12. If you have any questions or
comments during that week, please call or e-mail TimJohnson(timj@jbpfirm.com)
directly. Thank you.
Sincerely,
~
Legal Assistant
alE
'FtOf-v( '.)J
#232997 v1 - Dayton Andrews/Mark Parry Ltr
CLEARWATER OFFICE
911 CHESTNUT STREET
POST OFFICE BOX 1368
CLEARWATER, FLORJDA 33757-1368
TELEPHONE: (727) 461-1818
TELECOPIER (727) 462-0365
TAMPA OFFICE
100 NORTH TAMPA STREET
SUITE 1800
POST OFFICE BOX 1100
TAMPA, FLORJDA 33601-1100
TELEPHONE (813) 225-2500
TELECOPIER (727)462-0365
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December 6, 200 I
Mr. Timothy A. Johnson, Jr., Esqum:
Jnhnson, Blakely, Pope, Bokor, Ruppel & BUllls, P.A
l) 11 Chestnut Street
Clearwater, FL 33757-1368
RE: Development Order regarding case FL 01-01-03 at 2394 Gulf-to-Bay Boulevard
Dear Mr. Johnson:
This letter constitutes a Development Order pursuant to Section 4-206 D.6 of the
Community Development Code. On April 17,2001, the Community Development Board
reviewed your application for Flexible Development approval to permit vehicle sales and
display in the Commercial District for the Dayton Andrews Jeep/Chrysler dealership,
with the following requests as part of a Comprehensive Infill Redevelopment Project:
1. To reduce the lot area from 40,000 square feet to 26,700 square feet;
2. To reduce the lot width from 200 feet to 100 feet;
3. To permit vehicle display within the required front setbacks along Gulf to Bay
Boulevard and Femwood A venue (Flexible Standard Development criteria - Section
2-704 T3);
4. To permit vehicle sales and display on a lot contiguous to property designated as
residential in the zoning atlas;
5. To permit vehicle sales and display on a lot with less than 7,000 square feet of
enclosed building (Flexible Standard Development criteria- Section 2-703 Tl);
6. To permit vehicle sales and display outside of an enclosed building (Flexible
Development criteria - Section 2-704 R3);
7. To reduce the required number of parking spaces from 77 spaces (2.5 spacesll ,000
square feet of land area) to 11 spaces;
8. To permit a reduction in landscape buffer from 15 feet to 7.5 feet on Gulf to Bay
Boulevard;
9. To permit a reduction in landscape buffer from 15 feet to zero feet on Femwood
Avenue; and
10. To reduce the landscape buffer from 12 feet to six feet along the north property line.
FILE
BRL-\N J. AU~;GST, !VIAYOI,COMMISS!ONER
.J.G. JOHNSON, VICE MAYOR.COMMISSIONER
ED HART, COMMISSIONER
\q'%;\
'C.by
"EQUAL EMPLOYMENT AND AFFIRMATiVE ACTION EMPLiJYHz"
BOB L.IARK, Lc>.v,nSSLJ:\JER
F. DAVID HFtviERlCK, COJ\[f'vIISSIONER
. .,-----
e
.
lkcemher (J, 20() I
Johnson - Page .:::
The proposal includes ~lpproval of a vehIcle sales and dIsplay estahlishment on the site
that is currently In operation. The proposal Includes the application of a sand-colored,
stucco finish along the south and east elevatIOns if the huIlding, landscaping to include a
5.5-foot landscape buffer entirely within the right-of-way along Femwood Avenue (west),
a six-foot buffer along the SIde (n0l1h) propeI1y line, a five-foot buffer along the SIde
(cast) propel1y line, and a 7.5-foot buffer along the front (Gulf-to-Bay Boulevard)
property line.
Based on the application, the Board found that the proposal is in compliance with the
standards and criteria for a Comprehensive Infill Redevelopment Project, the maximum
development potential standards and all other applicable standards of the Community
Development Code. The Community Development Board approved the application with
the following 11 conditions:
1. That a 10 foot landscape buffer to be provided along Gulf-to-Bay Boulevard and that
the comers at Gulf-to-Bay Boulevard and Femwood A venue to be improved with
planters, similar in design and plant species in lieu of IS-foot landscape buffer along
Gulf-to-Bay Boulevard to mitigate reduced width;
2. That a lO-foot landscape buffer to be installed within the Femwood A venue right-of-
way;
3. That all perimeter buffers include plant material that will reach and be maintained at a
height of at least 36 inches within 12 months of planting;
4. That all dead and dying plant material to be replaced prior to the issuance of a
Certificate of Occupancy;
5. That all new plant material at 2388 and 2394 Gulf-to-Bay Boulevard meet Code
minimum size requirements;
6. That all signage at 2394 Gulf-to-Bay Boulevard to comply with Code;
7. That the two dumpsters located at the northwest corner of 2388 Gulf-to-Bay
Boulevard to be enclosed by concrete block wall and chain link gate;
8. That the south entrance along Fernwood A venue for 2394 Gulf-to-Bay Boulevard site
be a right-in only with its width reduced to 18 feet;
9. That the exterior of building at 2394 Gulf-to-Bay Boulevard be finished as proposed
and overhead doors on west fac;ade to be painted to match the building;
10. That the vehicle display platform at southwest corner of 2388 Gulf-to-Bay Boulevard
be removed and replaced with three, single-vehicle display platforms, no closer than
five feet from Gulf-to-Bay Boulevard property line and no more than three feet in
height; and
11. That all landscaping be installed prior to issuance of a Certificate of Occupancy.
~....
.
.
DCCCllllk'l (, 21 ill I
j(lhnsoll f',l~'l"
Pursuant to Section --1--407, an appllcltlon for a building permit shall be made within one
year of Flexible Development approval (Apnl 17, 2002) and all required certificates of
occupancy shall be obtained wIthin one year of the date of issuance of the date of the
building permIt. TIme frames do nut 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 remember that a building permit and impact fees will be required prior to the
construction of the project. Should you have any questions, please contact Mark T Parry,
Planner at 727 - 562-4558.
fOt Gerald Figurski, Chairman
Community Development Board
Cc: Dayton Andrews, Owner
Oeri Doherty, Community Response Team
S:\Planning Department\C D B\FLEX\lnnactive or Finished Applications\Gulf to Bay 2394 Dayton Andrews - Approved\Gulf to Bay
2394 DEVELOPMENT ORDER.doc
.
C I T Y 0 F
.
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 RA."<GE PLANNING
DEVELOPMENT REVIEW
HOUSING DMSION
NEIGHBORHOOD SERVICES
March 26, 200]
Mr. Timothy A. Johnson, Jr., Esquire
Johnson, Blakely, Pope, Bokor, Ruppel & Bums, P.A
911 Chestnut Street
PO Box 1368
Clearwater, FL 33757-1368
RE: Community Development Board Meeting
Dear Mr. Johnson: F I L E
The application (FL 01-01-03) that you submitted for property located at 2394 Gulf to
Bay Boulevard has been scheduled to be reviewed by the Community Development
Board on April 17. 2001.
The meeting will take place at 1 :OOpm, 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 562-4558.
sinc~~7 yours, ___.-..~._.-------_._.--- ____-----.
. f .' ____- /
r .L~ /~---.- - .---~
Mark T. Parry
Planner
S:\Planning DepartmentlC D B\FLEX\Pending ApplicationslGulfto Bay 2394 Dayton Andrews I Gulf to Bay 2394 cdb letter II. doc
~
BR1-\J'.; J. AUNGST) lViAYOf(-:O!\lj\HSS(ONER
_.i,i=j. JOtfl':SOi"Jj 'VICE hl~A\"OR.-COMMISSIONER BOB CLAm,-; COMI\HSSU=>N2R
ED j-l,~{T, COMtvHSSIONER F. DAvlD I-IEI\iERlCKj COrvHviiS510i\:ER
"EQUAL EMPLOYMENT AND AFFIRMATl'lE ACTION Eiv(PLOYER"
. .
JOHNSON, BLAKELY, POPE, BOKOR, RUPPEL & BURNS, P.A.
ATTORNEYS AND COUNSELLORS AT LAW
E. D. ARMSTRONG III
JOHN T. BLAKELY
BRUCE H. BOKOR
GUY M. BURNS
JONATHAN S. COLEMAN
MICHAEL T. CRONIN
ROBERT M. DAISLEY
ELIZABETH J. DANIELS
MARION HALE
SCOTT C. ILGENFRITZ
FRANK R. JAKES
TIMOTHY A. JOHNSON, JR.
SHARON E. KRICK
ROGER A. LARSON
JOHN R. LAWSON, JR.'
MICHAEL G. LITTLE
MICHAEL C. MARKHAM
STEPHANIE T. MARQUARDT
A.R. "CHARLIE" NEAL
F. WALLACE POPE, JR.
ROBERT V. POTTER, JR.
DONALD P. REED
DARRYL R. RICHARDS
PETER A. RIVELLINI
DENNIS G. RUPPEL'
CHARLES A. SAMARKOS
PHILIP M. SHASTEEN
JOAN M. VECCHIOLI
STEVEN H. WEINBERGER
AMBER F. WILLIAMS
JULIUS J. ZSCHAU
'OF COUNSEL
PLEASE REPLY TO CLEARWATER
FILE NO. 41033.101650
March 8, 2001 (REVISED)
Via Facsimile (727)562-4576 & U.S. Mail
Mi. Mark T. Parry
Planning and Development Services
City of Clearwater
100 South Myrtle Avenue
Clearwater, FL 33576
Dayton Andrews, Inc. Request for FI".ellopment Approval
2394 Gulf to Bay Blvd. (Case No. FL.....
Re:
Dear Mark:
In response to your fax dated March 7, 2001, here is the information you
requested concerning the referenced property:
1. The hours of operation will be as follows: Monday through Friday from
9 a.m. to 9 p.m. During the winter months, they usually close at 8 p.m. Saturday and
Sunday from 9 a.m. to 6 p.m.
2. The number of employees will be a maximum of three. These employees
are working at the dealership located at 2388 Gulf to Bay and will be parking at that
location.
3. There will be a maximum of 35 vehicles displayed at one time.
CLEARWATER OFFICE
911 CHESTNUT STREET
POST OFFICE BOX 1368
CLEARWATER, FLORIDA 33757-1368
TELEPHONE (727) 461-1818
TELECOPIER (727) 462-0365
TAMPA OFFICE
100 NORTH TAMPA STREET
SUITE 1800
POST OFFICE BOX 1100
TAMPA, FLORIDA 33601-1100
TELEPHONE (813) 225-2500
TELECOPIER (727)462-0365
.
.
JOHNSON, BLAKELY, POPE, BOKOR, RUPPEL & BURNS, P.A.
A TTORNEYS AND COUNSELLORS AT LA W
Mr. Mark T. Parry
March 8, 2001
Page 2
I would appreciate your faxing a copy of your staff report, when completed, to my
legal assistant, Jayne Sears, at 462-0365. Thank you.
ruly yours,
~
imothy A. Johnson, Jr.
T AJ/js
cc: Mr. Bill Adams
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JOHNSON BLAKELY
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141001
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JOHNSON, BLAKEL'f, POPE, BOKOR, RUPPEL & BURNS, P.A.
911 Chestnut Street, P.O. Box 1368
Clearwater FL 33757-1368
Telephone: (727) 461-1818
Fax: (727) 441-8617
Facsimile Cover Sheet
To: Mark Parry
Company: City of Clearwater
Phone: 5624558
Fax: 562-4576
Wn
From:
Client Name:
Client/Matter Number:
Jayne E. Sears, Legal Asst.
Firm Charge
-3
Date:
Pages including this
cover page:
March 8, 2001
Comments
Attached is a REVISED letter describing the hours of operation.. I apologize for the omission of
the weekend hours.
lbc mfomli<1iou c:oalll;"e<! ;" tin. 1t".trI.mi..ion may be attomcy/elicat privileged aad tbcn:forc coa1idcatiaL 1bis iDformalion is iatcndcd ooly for the use of the
individual or canty IIUI1Cd Ilbove. Ir lhe reader or this message is not lIIe intellded recipienL you m: bcrcby uollfled that any disscmiDalioa, distribution or copy of this
collllDllllicatioll is stricdy prohibi1...J. I r yllu teeeive !ili. ttansmission in (!I'fOr or jf YOIl arc not the individual or cnlity named above, the receipt of this trall-'lDlission is
not intended to and d~ DOt W"~ive any privilege, attomey/client or otberwise. If YOIl have received this COIIIDIIDIicalion in error, please noti1Y \I!I by tclcphonc, conceL
and rc\QTT1 t:I1c original_I" lD WI at tho. above address via U.S. PoslaI ScNicc. YOIl will be reimbursed Cor any poatage or any other CXjlCJlSC auociated wilh the
mum of this dOC1llllCllt. n-lc YI)I1.
AMOUNT: $
Ol/08/01 THU 15:52 FAX 727 441 8617
.
JOHNSON BLAKELY
141002
.
,
JOHNSON, BLAKELY, POPE~ BOKOR, RUPPEL & BURNS, P.A.
ATTOll.NIlYS AND COI,lNSI!LLORS A'r tAW
E. D. ARM~'TRONG m
JOHN T. BLAKIiJ.Y
Bl~UCl! H. BOKOR
GUY M. 8URNS
JONAT.HAN S. COLEMAN
MICHAl1.L T. CRONIN
ROBERT M. DAISLI;y
ELI('.A61ITH1. DANIELS
MARlON HALl::
SCOIT C. lLOIiNFRllZ
I',RANK R. JAKES
TIMO'rHY A. JOHNSON. JR
SHARON E. KR:JCK
ROGER A. LARSON
10HN R. LAWSON, JR..
MICIlAUL G. LITTLE
MICHAEL C. MARKHAM
$TIi.PHANIE T. MARQUAR.OT
A.R. .CItAR.LIE"" NEAL
F. WALLACE POPE, 1R.
RORF.RT V. POTTER, JR.
DONALD 1'. RF.l!D
DARRYL R. RICHARDS
PETERA.lUVIU,LINI
OfNNIS G. RUPPIiL.
CHARLIiS A. SAMARKOS
PHILIP M. SHAS'}'cEN
JOAN M. VECCHIOU
S'!'l:iVF.N H. WEINBERGER
AMBERF. WILLIAMS
ll)I,.IUS 1. ZSCHAU
.01' COUNSEL
PlSASE REPLY TO CLf..ARWATER
FILENO. 41033.101650
March 8, 2001 (REVISED)
Via Facsimile (727)562-4576 & U.S. Mail
Mr. Mark T. Parry
Planning and Development Services
City of Clearwater
100 South Myrtle Avenue
Clearwater, FL 33576
Re: Dayton Andrews, Inc. Request for Flexible Development Approval
2394 Gulf to Bay Blvd. (Case No. FL-01-01-03)
Dear Marlc
In response to your fax dated March 7, 2001, here IS the information you
requested concerning the referenced property:
1. The hours of operation will be as follows: Monday through Friday from
9 a.m. to 9 p,m. During the winter months, they usually close at 8 p.m. Saturday and
Sunday from 9 a.m. to 6 p.m.
2. The number of employees will be a maximum of three. These employees
are working at the dealership located at 2388 Gulf to Bay and will be parking at that
location.
3. There will be a maximum of 35 vehicles displayed at one time.
CI.l'.ARWAT6R.OFFICIl
911 CtIIiSDlUT S'I'IU!:ET
I'OST OI'PlCl! BOX 13<.x
(LEARWATE.R. FLOltIOA 33757.1368
'I'HI.Il~HONE: (727) 461.1818
TELECOI'IIiIl (727) 402.o3r;j
l'AMPA Ol'FlCE
100 NORTH TAMPA STREET
SUITE 1800
PO.S1' OFf'lOl BOX lloo
MMPA. FLORIDA 33601.1100
'IElJl.PRONl! (K'~) ~:lS-2m
TEl.IlCOPII!R. (121)4(o~il<<I
03/08/01 THU 15:52 FAX 727 441 8617
.
JOHNSON BLAKELY
f4I 003
.
JOHNSON, BLAKELY, POPE, BOKOR, RUPPEL & BURNS, P.A.
ATTORNEYS ANO COUNSELLORS AT I.AW
Mr. Mark T. Parry
March 8, 2001
Page 2
I would appreciate your faxing a copy of your staff report, when completed, to my
legal assistant, Jayne Sears, at 462-0365. Thank you.
ve~
imothy A. Johnson, Jr.
T AJ/js
cc: Mr. Bill Adams
#234646 v1
03/07/01 WED 17: 10 FAX 727. 8617 JOHNSON BLAKELY .
JOHNSON, BLAKELY, POPE, BOKOR, RUPPEL & BURNS, P.A.
A 1"TORNEYS A.NI) COUNSELLORS AT LA W
f4I 001
It D. ARMSTRONG ill
JOHN 'r, BLAKElY
BRUCE It BOKOIt
GUY M, BURNS
JONATI-lAN S. COI.BMAN
MICilJ\EL T, CItONIN
ROSERT M,I)~y
EllZA8ETH 1. DA.NIRr..s
MAAION HALE
SCOTT C. ItGENfRITZ
rRANl<; R. JAKES
TIMOTHY A. 101lNSON, JR.
SHARON E. lQUCK
ROOER A. LARSON
JOHN R. LA W$ON. JR.,'
MICHAEL Q. Lm"t.E
MICHAEt. C. MARIO~AM
STEPIiANIE T, MARQUARDT
A,R. MCHARLIE" NEAL
F. W ALt.ACI! POpa JR.
RoOBERT Y. POlTER, 1R
DONAI..p P. ~
DARJ(YL It. RICJiAROS
PB'l"CRA. RIVeILlNI
I)6NNlS G. RUPPEL'
CHARLES A. &\MARKOS
PJiILIP M. S!iA.SiEEN
JOAN M. VECCHlOtI
~ H. WEJlIIBER.GER
AM13ER f'. WILllAMS
JUUUS I, ZSCHAu
'OF COUNSEL
PLEASE REPI. Y TO CLllARW ATER
March 7, 2001
Via Facsimile (727)562--4576 & U.S. Mail
Mr. Mark T. Parry
Planning and Development Services
City of Clearwater
100 South Myrtle Avenue
Clearwater, FL 33576
FILE 11/0. 41033.101650
ElL.E
.l~ 0 { ..." -O"J
Re: Dayton Andrews, Inc. Request for Flexible Development Approval.
2394 Gulf to Bay Blvd. (Case No. FL-Q1...Q1-03)
Dear Mark:
In response to your fax dated March 7, 2001, here IS the information you
requested concerning the referenced property~
1. The hours of operation will be Monday through Friday from 9 a.m. to
9 p.m. During the winter months, they usually close at 8 p.m.
2. The number of employees will be a maximum of three. These employees
are WOrking at the dealership located at 2388 Gulf to Bay and will be parking at that
location.
3. There will be a maximum of 35 vehicles displayed at one time.
I would appreciate your faxing a copy of your staff report, when completed, to my
legal assistant, Jayne Sears, at 462-0365. Thank you.
T AJljs
cc: Mr. Bill Adams
Cl.MIlWATl!R OmCl;
911 CHEStNUT S~l'
POsT OJll:lCl! BOX 1]61
CL.M lWATER, PLOJUD^ 337S7-1j68
TELJ!I'HONE: (727) 401.IHII
TBL.I1COP~R (727) 402..4365
T "NPA OFfICI!
100 NOR.TH TAWA ST1UiET
sum; 1800
!'On OIFI'CE BOx 1100
TAMPA. fLORJDA 33601-1100
'I1lLl;rHO~ (813) l25-~
TELECOPIl1lt (727)462-0365"
.
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
HOUSING DMSION
NEIGHBORHOOD SERVICES
Fcbmary 26, 2001
Mr. Timothy A. Johnson, Jr., Esquire
Johnson, Blakely, Pope, Bokor, Ruppel & Bums, P.A
911 Chestnut Street
PO Box 1368
Clearwater, FL 33757-1368
RE: Community Development Board Meeting (FLeJU
Dear Mr. Johnson:
The application that you submitted for property located at 1100 South Missouri Avenue
has been scheduled to be reviewed by the Community Development Board on March 20,
2001
The meeting will take place at 1 :OOpm, 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 562-4558.
Sincerely yours,
,.//',7
...r--"
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""_,~_,_... "._" '"0
/
Mark T. Parry
Planner
S:IPlanning DepartmentlC D BIFLEX1Pending ApplicationslGulfto Bay 2394 Dayton AndrewslGulfto Bay 2394 cdb letter. doc
BRIAN l AUNGST, MAYOR-COMMISSIONER
lB. JOHNSON, VICE MAYOR-COMMISSIONER
ED HART, COMMISSIONER
*
BOB ClARK, COMMISSIONER
F. DAVID HEMERICK, COMMISSIONER
"EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER"
.
..
JOHNSON, BLAKELY, POPE, BOKOR, RUPPEL & BURNS, P.A.
ATTORNEYS AND COUNSELLORS AT LAW
E. D ARMSTRONG III
JOHN T. BLAKELY
BRUCE H. BOKOR
GUY M. BURNS
JONATIfAN S. COLEMAN
MICHAEL T. CRONIN
ROBERT M. DAISLEY
ELIZABETIf 1. DANIELS
MARION HALE
SCOTT C. ILGENFRITZ
FRANK R. JAKES
TIMOTIfY A JOHNSON, JR.
SHARON E. KRICK
ROGER A LARSON
JOHN R. LAWSON, JR. *
MICHAEL G. LITTLE
MICHAEL C. MARKHAM
STEPHANIE T. MARQUARDT
AR. "CHARLIE" NEAL
F WALLACE POPE, JR.
ROBERT V. POTTER, JR.
DONALD P. REED
DARRYL R. RICHARDS
PETER A RIVELLINI
DENNIS G. RUPPEL*
CHARLES A SAMARKOS
PHILIP M. SHASTEEN
JOAN M. VECCmOLI
STEVENH. WEINBERGER
AMBER F. WILLIAMS
JULillS 1. ZSCHAU
*OF COUNSEL
PLEASE REPL Y TO CLEARWATER
FILE NO. 41033.101650
February 20,2001
Via Hand Delivery
Mr. Mark T. Parry, Planner
City of Clearwater Planning Dept.
100 South Myrtle Avenue
Clearwater, FL 33756
Re: Dayton Andrews Application for Flexible Development Approval
(FL01-01-03)
Dear Mark:
Enclosed are 13 sets of the revised plans/elevations pertaining to the
referenced application. If you have any questions, please feel free to call me.
Sincerely,
~t..~
Jayne E. Sears
Legal Assistant
encls.
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CLEARWATER OFFICE
9H CHE!ITNUT STREET
POST OFFICE BOX 1368
CLEARWATER, FLORIDA 33757.1368
TELEPHONE: (721) 461-1818
TELECOPIER (721) 462-0365
TAMPA OFFICE
100 NORTH TAMPA STREET
SUITE 1800
POST OFFICE BOX HOO
TAMPA, FLORIDA 33601-1100
TELEPHONE (813) 225.2500
TELECOPIER (721)462-0365
FAX MESSAGE
CITY OF CLEARWATER .
PLANNING DEPARTMENT
MUNICIPAL SERVICES BUlLDIN
100 S MYRTLE AVE.
PO BOX 4748
CLEARWATER, FL 33758-4748
OFFICE PHONE. (727) 562-4567
FAX PHONE. (727) 562-4576
TO:
Mr. Timothv A. Johnson~ Jr.. Esauire'Jolmson Blakelv. Pope. Bokor RUPDel &
Bums P.A.
FAX #: 727.462.0365
FROM:
DATE: January 31 2001
MESSAGE:
Tim,
The letter Cyndi mentioned in her voice mail will follow this sheet. Should you have any
questions, please do not hesitate in contacting me directly at 727.562.4558.
NUMBER OF PAGES (INCLUDING THIS PAGE): Three (3)
Page 2 - Letter to Timothy A. Johnson, Jr., Esquire
January 31, 2001
Submittal of the required information by February 22,2001 will result in a Development Review
Committee meeting on March 15, 2001 in the Planning Department conference room. Please
remember that separate applications and 13 full sets of surveys, site plans, etc., are required for a
complete submittal.
If you have any questions, please do not hesitate to call me at 562-4558.
Sinces~ly yours,
/) --...7
f1i~ ~
Mark T. Parry
Planner
S:\Planning DeparlmcnllC 0 B\FLEX\Pcnding ApplicalionslGulflo Bay 2394 Dayton Andrews\Gulfto Bay 2394 incomplete.doc
.CITY
OF
CLEARWATER
PlANNING DEPARTMENT
POST OffiCE Box 4748, CLEARWATEK, FWRlDA 33758-4748
MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, ClEARWATER, FWRlDA 33756
TELEPHONE (727) 562-4567 FAX (727) 562-4576
loNG RA..'lGE PlANNING
DEVELOPMENTREvlg>;q
HOUSING DMSION
NEIGHBORHOOD SERVICES
January 31, 2001
Mr. Timothy A. Johnson, Jr., Esquire
Johnson, Blakely. Pope, Bokor, Ruppel & Bums, P.A.
911 Chestnut Street
P.O. Box 1368
Clearwater, FL 33757-1368 II! . . .
RE: Application for Flexible Standard Develo~on Andrews
Dear Mr. Johnson:
The PlaMing staff has reviewed your application as outlined above for the site at 2394 Gulf to
Bay Boulevard and determined that the application is incomplete.
The following information and/or items are required in order for the application to be entered
into the Department's filing system:
1. A site plan for both 2394 and 2388 Gulf to Bay Boulevard showing:
Existing and proposed conditions;
All dimensions;
Barscale;
Location of all refuse collection facilities and all required screening;
. Location of all onsite and offsite stoml.water management facilities;
Parking spaces - presented in tabular form with the number of required spaces;
Size and species of all landscape material;
Height and type of all outdoor lighting fixtures;
Official records book and page numbers of all existing utility easements;
Irrigation plan or notes; and
Signage.
2. Building Elevations (four sides including height dimensions, colors and materials).
3. A signed and sealed survey for property located at 2388 Gulf to Bay Boulevard.
I3RL\N J, AUNGST, MAYOR-COMMISSIONER
J.8 JOHI'SON, VICl, MAYOR-COMMISSIONER
Eo HAln, COMMIS.<;JONEIl
BOil CI.ARK, COMMISSIONER
ED HOOVER, CmIMISSIOl'ER
*
"EQUAL EMPLOYMENT ANI) AFFIRMATIVE ACTION EMPLOYER"
FlEtb"
.
CDB Meeting Date: April 17. 2001
Case Number: FL 01-01-03
Agenda Item: B3
CITY OF CLEARWATER
PLANNING DEPARTMENT
ST AFF REPORT
BACKGROUND INFORMATION:
OWNER:
Dayton Andrews, Inc. A Florida Company
LOCATION:
2394 Gulf to Bay Boulevard
REQUEST:
Flexible Development approval to permit vehicle sales and display
in the Commercial District with the following requests as part of a
Comprehensive Infill Redevelopment Project:
1. To reduce the lot area from 40,000 square feet to 26,700 square
feet;
2. To reduce the lot width from 200 feet to 100 feet;
3. To permit vehicle display within the required front setbacks
along Gulf to Bay Boulevard and Femwood Avenue (Flexible
Standard Development criteria - Section 2-704 T3);
4. To permit vehicle sales and display on a lot contiguous to
property designated as residential in the zoning atlas;
5. To permit vehicle sales and display on a lot with less than
7,000 square feet of enclosed building (Flexible Standard
Development criteria- Section 2-703 T 1);
6. To permit vehicle sales and display outside of an enclosed
building (Flexible Development criteria - Section 2-704 R3);
7. To reduce in required parking spaces from 77 spaces (2.5
spaces/l,OOO square feet ofland area) to 11 spaces;
8. To permit a reduction in landscape buffer from 15 feet to 7.5
feet on Gulf to Bay Boulevard;
9. To permit a reduction in landscape buffer from 15 feet to zero
feet on Femwood Avenue; and
10. To reduce the landscape buffer from 12 feet to six feet along
the north property line.
PLANS REVIEWED:
Site plan and parking analysis submitted by R. A. Bemzott &
Associates, Inc. - Architect
Page 1
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.
SITE INFORMATION:
PROPERTY SIZE: 0.61 acres; 26,700 square feet
DIMENSIONS OF SITE: 100 feet of width by 267 feet of depth
PROPERTY USE:
Current use:
Previous Use:
Proposed use:
Vehicle Sales and Display (Illegally operating; code violation
pending - COD 1999-03456)
Nightclub and Retail sales and service
Vehicle Sales and Display
PLAN CATEGORY:
CG, Commercial General Classification
ZONING DISTRICT:
C, Commercial District
ADJACENT LAND USES: North: Attached Dwellings
West: Vehicle Sales and Display
East: Restaurant
South: Mobile Home Park
CHARACTER OF THE
IMMEDIATE VICINITY: The immediate vicinity is dominated by residential uses to the
north and commercial uses to the south, east and west.
UPDATE:
This case was discussed at length at the March 20, 2001 Community Development Board (CDB)
meeting. The applicant presented new information and a revised site plan at the meeting that had
not been provided in the submittal reviewed by Staff or the CDB. The Board continued the case
to give Staff the ability to analyze the changes to the application. For the subject site at 2394 Gulf
to Bay Boulevard, the changes include the removal of the two curb cuts along Gulf to Bay
Boulevard, providing 11 parking spaces and providing shade trees along Femwood Avenue, Gulf
to Bay Boulevard and the north property line. At the larger site (2388 Gulf to Bay Boulevard),
changes include the addition of a three feet to the existing 3.5 foot wide landscape buffer along
Gulf to Bay Boulevard, and additional plantings along the main entrance at the comer of
Femwood Avenue and Gulf to Bay Boulevard and enclosing the existing dumpster at the
northwest comer of the site. The applicant will remove an elevated vehicle display structure on
the southwest comer of the site. It will be replaced with a metal display structure and two other
like structures will be added to the site along Gulf to Bay Boulevard. There have been several
changes to the staff report.
Page 2
.
.
ANALYSIS:
The rectangular site is 0.71 acres located on the northeast comer of Femwood Avenue and Gulf
to Bay Boulevard. The site is a comer lot and has two front setbacks along the south (Gulf to Bay
Boulevard) and west (Femwood Avenue) property lines. The property has two side setbacks
along the east and north property lines. The lot has 100 feet of frontage on Gulf to Bay
Boulevard (south), and 267 feet of frontage on Femwood Avenue (west). The site contains one,
single-story, 4,347 square foot masonry-block building. The building is painted a off-white color.
The structure was built in 1964 and has been most recently occupied by a nightclub (closed
August 19, 1999) and two retail sales and service establishments (closed June 7, 2000). The
existing building is located 100 feet from the north (side) and three feet from the east (side)
property lines and 39 feet from the south (front) and 40 feet from the west (front) property lines.
The applicant has located vehicles for sale on every available portion of the lot resulting in
inefficient vehicle circulation. Vehicles have been located within all required setbacks and
within the rights-of-way; the site contains 41 striped parking spaces. The structure and property
have undergone some deterioration. There is no landscaping located on the site. There is a
dumpster located within the right-of-way at the northwest comer ofthe site.
The applicant seeks approval of a vehicle sales and display establishment on the site that is
currently in operation. It has been operating illegally since 1999. The applicant expanded the
existing Dayton Andrews establishment (2388 Gulf to Bay Boulevard) onto the subject site
without submitting a site plan application for a change use. The site has a current Code violation
(case number COD 1999-03456) regarding the existing, illegal vehicle sales and display.
Numerous meetings have been held with the applicant in efforts to resolve the violations
resulting in the application. Staff believes the entire Dayton Andrews establishment (2388 and
2394 Gulf to Bay Boulevard) should be brought into Code compliance with this expansion.
The site is located within a highly developed, commercial area on Gulf to Bay Boulevard
adjacent to single and multi-family dwellings to the north. The site is located across Femwood
Avenue from another property owned by the applicant. That property (2388 Gulf to Bay
Boulevard) is the site of Dayton Andrews, a legally operating, vehicle sales and display
establishment. The subject site is intended to operate in conjunction with and support of the
larger site immediately to the west (across Femwood Avenue). They are, however, two separate
lots. Minimal site improvements have been proposed for the site at 2388 Gulf to Bay Boulevard
including replacement of dead or dying plant material. This is considered basic landscape
maintenance and is a Code requirement for all property owners. Proposed improvements include
enclosing a dumpster and installing additional plants along Gulf to Bay Boulevard within a 6.5-
foot wide landscape buffer where 15 feet is required. No substantive improvements are
otherwise proposed for the 3.83-acre site.
Page 3
.
.
The site has two curb cuts on Gulf to Bay Boulevard and two on Femwood Avenue. With the
exception of the northernmost curb cut on Femwood Avenue, the other curb cuts are blocked by
display vehicles. The parking lot circulation is limited, although there is a drive aisle on the site
and display vehicles are in the right-of-way. There is a driveway connection between this site and
the property to the east (Sweetwater's Restaurant). There is no binding agreement related to this
joint access.
The proposal includes the application of a stucco finish along the south and east elevations if the
building. It will be repainted. In terms of landscaping, the project includes a 5.5-foot landscape
buffer entirely within the right-of-way along Femwood Avenue (west), a six-foot buffer along
the side (north) property line, a five-foot buffer along the side (east) property line, and a 7.5-foot
buffer along the front (Gulf to Bay Boulevard) property line. The new site plan indicates an
optional sidewalk along Femwood Avenue. The 5.5-foot landscape buffer proposed along
Femwood Avenue is in lieu of a required four-foot sidewalk. The minimal landscaping proposed
does not meet Code. Code requires a 15- foot landscape buffer along Gulf to Bay Boulevard and a
10-foot buffer along Femwood Avenue. Additional plantings are typically provided along road
frontages in cases where developments lack sufficient landscaping.
Applications for infill projects and Comprehensive Landscape Programs generally provide
upgraded landscaping where possible to mitigate deficiencies elsewhere on the site. The
landscape plan, as proposed on paper and verbally at the previous CDB meeting still does not
meet the requirements of Code and is inconsistent with previously approved, Comprehensive
Infill Redevelopment Projects, the redevelopment efforts of Gulf to Bay Boulevard and the City
as a whole. Staff would recommend that a minimum of a 15-foot landscape buffer be located
along Gulf to Bay Boulevard and a 10-foot landscape buffer be located along Fernwood Avenue.
Staff would further recommend that the required 10-foot landscape buffer along Fernwood
Avenue be in addition to a required four-foot wide sidewalk to be located within the right-of-
way. Proposed shrub materials noted on the site plan are species that will not reach the required
height of 36 inches in height within 12 months of issuance of a certificate of occupancy;
therefore, the proposed landscape buffers will not serve their intended purpose. The applicant
stated at the CDB meeting on March 20, 2001 that the landscape plan would be revised to show
buffer material that will meet the requirements of Code but it has not been submitted to Staff.
The applicant met with Staff on April 5, 2001 and stated that, should the application be
approved, all buffers will consist of plant material that will reach a height of 36 inches within 12
months of planting. Should the application be approved, Staff would recommend that a
condition of such an approval be that a revised landscape plan be submitted to and approved by
Staff prior to the issuance of a Development Order. Code also requires that a shade tree be
planted every 30 feet on center within all required landscape buffers. Required number of shade
trees have been proposed; however, the size proposed (two-inch caliper) does not meet the Code
requirement of four-inch caliper. The applicant has stated that all trees will meet code
requirements. Staff would also recommend that, in the event the application is approved that the
required landscape plan show minimum Code plant sizes.
Page 4
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.
Deficiencies associated with this development are not mitigated by this proposal. Additionally,
the proposed buffer along the east property line will not preclude the continued use of the cross
access with the site to the east. The applicant has submitted a draft, unexecuted agreement. In
the event that this application is approved, Staff believes a cross access agreement should be filed
and recorded with Pinellas County to maintain permanent legal access or a buffer extending the
full length of the east property line should be provided. The applicant also stated at the last CDB
meeting that a legal cross-access agreement will be filed. Staff would recommend that proof of
such an agreement be submitted to Staff prior to the issuance of any permits.
The proposal also includes removing access along Gulf to Bay Boulevard (south) leaving two
access points along Femwood Avenue (west). The applicant is proposing to remove the concrete
apron from the curb cuts along Gulf to Bay Boulevard. Parking will be revised to provide 11
parking spaces (including one, ADA-compliant, handicap space) where 77 spaces are required.
Existing signage includes an approximately 48-square foot, 20- foot high freestanding sign. The
existing sign does not meet Code requirements due to size and height limitations. Although the
applicant has stated that all signage will be brought into compliance with Code, a Code-
compliant package has not been submitted. The applicant proposes to add a 20 square foot,
attached sign on the south fac;ade of the building that is twice as large as the Code permits. The
site is entitled to one attached sign of 10 square feet and one freestanding sign of 10 square feet.
Signage is determined based upon one square foot of signage per 100 square feet of building
fac;ade facing the street frontage from which the building is addressed. The square footage of the
fac;ade is 704 square feet. The square footage of attached and freestanding signs may be doubled
to 20 square feet each through a Comprehensive Sign Program. An application for a
Comprehensive Sign Program has not been submitted to Staff. In the event the application is
approved, Staff believes all signage should comply with Code.
The hours of operation for the site will be 9:00 a.m. to 9:00 p.m., Monday through Friday and
9:00 a.m. to 6:00 p.m. Saturday and Sunday. It is expected that there will be no more than three
employees on the site any time. The applicant has indicated that there will be approximately 35
vehicles on display on the site at any given time. The site may be too constrained to
accommodate this.
CODE ENFORCEMENT ANALYSIS:
The site has a current Code violation (case number CODI999-03456) regarding illegal vehicle
sales and display issued on August 11, 1999. The applicant converted the use of the property to
vehicle sales and display without meeting the Code requirements for a change of use. Numerous
meetings have been held with the applicant in an effort to resolve the violations. This application
is the applicant's attempt to resolve the Code violation.
Page 5
.
.
A. COMPLIANCE WITH MAXIMUM DEVELOPMENT POTENTIAL STANDARD
IN THE C, COMMERCIAL DISTRICT:
STANDARD PERMITTED/ EXISTING PROPOSED IN
REQUIRED COMPLIANCE?
FLOOR AREA 0.55 0.16 0.16 Yes
RATIO
IMPERVIOUS 0.95 0.98 0.85 Yes
SURFACE
RATIO
B. FLEXIBILITY STANDARDS FOR COMPREHENSIVE INFILL
REDEVELOPMENT PROJECTS IN THE C, COMMERCIAL DISTRICT:
STANDARD PERMITTED/ EXISTING PROPOSED IN
REQUIRED COMPLIANCE?
LOT AREA N/A 26,700 square 26,700 square Yes
minimum feet feet
LOT WIDTH N/A 100 feet 100 feet Yes
minimum
HEIGHT N/A 11 feet 12.33 feet Yes
maximum
FRONT YARD N/A West - 0 feet West - 0 feet Yes
SETBACK South - 0 feet South -7.5 feet
minimum
SIDE YARD N/A North - 0 feet North - 6 feet Yes
SETBACK East - 0 feet East - 5 feet
minimum (proposed along
the north half of
the property line.
The existing
building will
remain 3.5 from
the property line)
Page 6
.
.
STANDARD PERMITTED/ EXISTING PROPOSED IN
REQUIRED COMPLIANCE?
REAR YARD N/A N/A N/A N/A*
SETBACK
minimum
PARKING Determined by 41 11 spaces Yes**
SPACES the Community
minimum Development
Coordinator
based on the
specific use
and/or ITE
Manual standards
(11 spaces**)
* Comer lots have front and side setbacks but no rear setback requirement.
** The Community Development Code requires 2.5 spaces per 1,000 square feet of lot area
to calculate the required number of parking spaces. This is probably a scrivener's error.
Staff has used 2.5 spaces per 1,000 square feet of gross floor area (11 parking spaces
required) as the ratio for required parking for the existing 4,347 square foot building.
C. FLEXIBILITY CRITERIA FOR COMPREHENSIVE INFILL REDEVELOPMENT
PROJECTS:
1. The development or redevelopment of the parcel proposed for development is
otherwise impractical without deviations from intensity and development
standards.
The property has been developed with an existing 4,347 square foot building and 41
parking spaces. The site, given the existing lot size and width, would meet Code
requirements for a multitude of uses requiring no special exemptions or deviations from
Code including retail sales and service, office and restaurant.
The proposal includes reducing the required parking by from 77 spaces to 11 spaces.
Required parking is based on 2.5 spaces per 1,000 square feet of land area. Staff
believes that this method of calculating parking requirements for this use may be a
scrivener's error and has typically calculated parking space requirements for vehicle
sales and display establishments at 2.5 spaces per 1,000 square feet of gross floor area.
Using this formula, the parking requirement for this site would be 11 parking spaces.
Page 7
.
.
The applicant is also proposing to reduce the required landscape buffer from 15 feet to
7.5 feet along Gulf to Bay Boulevard (south) and zero feet along Femwood Avenue
(west), in lieu of a required sidewalk, for the purposes of vehicle display. Proposed
shrub materials are species that will not exceed 24 inches in height and which does not
meet Code requirements that buffer material be able to reach and be maintained at a
height of at least 36 inches in height. The applicant stated at the CDB meeting on March
20, 2001 that the landscape plan would be revised to show buffer material that will meet
the requirements of Code. Such has not been submitted to Staff. The proposed
landscape buffers will not serve their purpose. Code also requires that a shade tree be
planted every 30 feet on center within all required landscape buffers. While shade trees
have been proposed, the sizes specified on the landscape plan (two-inch caliper) do not
meet the Code requirement of four-inch caliper. The applicant met with Staff on April
5, 2001 and stated that, should the application be approved, all buffers will consist of
plant material that will reach a height of 36 inches within 12 months of planting.
Should the application be approved, Staff would recommend that a condition of such an
approval be that a revised landscape plan that includes minimum Code plant sizes be
submitted to and approved by Staff prior to the issuance of a Development Order.
The landscape plan, as proposed on paper and verbally at the previous CDB meeting
still does not meet the requirements of Code and is inconsistent with previously
approved, Comprehensive Infill Redevelopment Projects, the redevelopment efforts of
Gulf to Bay Boulevard and the City as a whole. Staff would recommend that a
minimum of a 15-foot landscape buffer be located along Gulf to Bay Boulevard and a
10-foot landscape buffer be located along Femwood Avenue. Staff would further
recommend that the required 10- foot landscape buffer along F emwood Avenue be in
addition to a required four-foot wide sidewalk to be located within the right-of-way.
It should be noted that the City has typically required that landscaping exceed the
minimum Code requirements and that architectural upgrades are provided with
Comprehensive Infill Redevelopment Projects. The landscape plan proposed does not
meet or exceed Code requirements.
2. The development of the parcel proposed for development, as a Comprehensive
Infill Redevelopment Project will not materially reduce the fair market value of
abutting properties.
The applicant has not provided any evidence that the proposed use will not materially
reduce the fair market value of abutting properties. The improvements proposed for this
site are minimal and are not in keeping with any other Comprehensive Infill
Redevelopment Project approved by the City. Changes proposed for the building only
include the application of a beige, stucco finish and a gray, stucco fascia on the south
and west fayade. Site improvements include closing two existing driveways on Gulf to
Bay Boulevard.
Page 8
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.
The proposal also includes providing minimal landscaping which does not meet Code.
Code requires a 15- foot landscape buffer along Gulf to Bay Boulevard and a 10- foot
buffer along Fernwood Avenue. Typical landscape buffers for Comprehensive Infill
Redevelopment Projects and/or Comprehensive Landscape Programs include a tiered
effect along all street frontages. Additional landscape requirements for frontages of
developments proposing a Comprehensive Infill Redevelopment Project and/or
Comprehensive Landscape Programs usually mitigate deficiencies elsewhere on the site.
The proposal includes a 7.5 landscape buffer with no tiered effect along Gulf to Bay
Boulevard and a five-foot landscape buffer completely within the public right-of-way
along Fernwood Avenue. This buffer has been proposed in lieu of a required sidewalk.
All proposed shrub materials are species that will reach a maximum height of 24 inches
in height. This does not meet the Code requirement that buffer material be able to reach
and be maintained at a height of at least 36 inches in height. Deficiencies associated
with this development are not mitigated by this proposal.
Code also requires a minimum of 10 percent interior landscape area based on the
amount of vehicular use area. The proposal includes approximately two percent interior
landscape area and includes two live oak trees and indian hawthorn.
A new, 20 square foot attached sign is proposed on the south fayade of the building that
does not meet Code requirements. The proposed sign exceeds Code requirements. In
this instance, this building is entitled to one, 10 square foot, attached sign. It is possible
for the sign area to be doubled to 20 square feet through a Comprehensive Sign
Program. An application for a Comprehensive Sign Program has not been submitted.
3. The uses within the Comprehensive Infill Redevelopment Project are otherwise
permitted in the District.
The Commercial District permits vehicle sales and display establishments. The
proposed use is a permitted use within the City of Clearwater.
4. The uses or mix of uses within the Comprehensive Infill Redevelopment Project
are compatible with adjacent land uses.
The surrounding uses are a mix of attached dwellings, commercial, vehicle sales and
display and retail sales and service uses. While vehicle sales and display, in and of itself,
may be compatible with adjacent land uses, the intensity of the use is not when no
meaningful buffer is provided. The applicant has literally covered almost every square
inch of the site with vehicles for sale leaving substandard (at best) vehicle circulation.
Vehicles have been located within all required setbacks and within the rights-of-way.
The expanded vehicle sales and display as proposed on the adjacent site may discourage
other like redevelopment projects of neighboring sites.
Page 9
.
.
5. Suitable sites for development or redevelopment of the uses or mix of uses with the
comprehensive in fill redevelopment project are not otherwise available in the City
of Clearwater.
The property is located within an intensely developed, commercial area of the City. The
renovation and expansion of the vehicle sales and display use, which does not meet
Code, is inconsistent with the redevelopment plans for Gulf to Bay Boulevard and the
City as a whole. In no instance, for any project located on Gulf to Bay Boulevard, has
the required landscape buffer been reduced to less than 15 feet except for cases where
an existing building prevents such a buffer. Even in those situations, additional
landscape material was provided in the narrow buffer area. The site may be suitable for
its existing and intended use, but must adhere to landscape, parking and circulation
standards. Additionally, the existing building should be upgraded. The only apparent
reason for this location is the site's adjacency to the larger, original vehicle sales and
display use to the west. However, the applicant has been unwilling to relate the two
sites and provide meaningful improvements to either property. Such improvements
would include a 15-foot wide landscape buffer along Gulf to Bay Boulevard with a
tiered effect.
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.
Minimal landscaping along the perimeter of the site will not meet Code requirements.
Landscaping proposed for the front (west) property along Femwood Avenue will not be
located on the applicant's site but in the right-of-way in lieu of a required sidewalk. All
proposed shrub materials are species that will not exceed 24 inches in height and will
not meet the Code requirement that buffer material be able to reach and be maintained at
a height of at least 36 inches in height. The proposed landscape buffers will not serve
their purpose. -The applicant stated at the CDB meeting on March 20, 2001 that the
landscape plan would be revised to show buffer material that will meet the requirements
of Code. A landscape plan showing buffer material that will meet the requirements of
Code has not been submitted to Staff. Should the application be approved, Staff would
recommend that a condition of such an approval be that a revised landscape plan
including Code compliant plants be submitted to and approved by Staff prior to the
issuance of any permits. Code also requires that a shade tree be planted every 30 feet on
center within all required landscape buffers. Required shade trees have been proposed,
however the sizes proposed (two-inch caliper) does not meet the Code requirement of
four-inch caliper. Staff would also recommend that, in the event the application is
approved that the required landscape plan show Code required plant sizes. Deficiencies
associated with this development are not mitigated by this proposal.
Page 10
.
.
Minimal changes proposed for the building include the application of a beige, stucco
finish and a gray, stucco fascia on the south fayade. A new, 20 square foot, attached sign
proposed for the south elevation is twice the area allowed by Code. The applicant stated
at the March 20, 2001 CDB meeting that all signage will be brought into compliance
with Code, however, an application for Comprehensive Sign Program under which an
increase in the amount of signage proposed would be permitted has not been submitted
to Staff for review. The economic value of the structure and site is not expected to
increase with the proposed enhancements and will not compliment the neighborhood.
The proposal is inconsistent with level of architecture, landscaping and site design of
other, previously approved, Comprehensive Infill Redevelopment Projects, the
redevelopment efforts of Gulf to Bay Boulevard and the City as a whole.
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 improvements to the site and structure are minimal in nature and include
the application of a beige, stucco finish and a gray, stucco fascia on the south and west
fayade only and landscaping which will not meet the minimum requirements of Code.
The minimal investments made to this site are not expected to benefit the immediate
neighborhood and have little potential to influence adjacent property owners to further
improve their properties. The applicant has not adequately demonstrated that the
proposal provides a form and/or function that enhances the community character of the
immediate vicinity of the parcel or the City of Clearwater as a whole.
8. Flexibility in regard to lot width, required setbacks, height, 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.
The applicant has not adequately demonstrated that the proposed improvements to the
site and structure will result in increased property values and enhanced community
character. Setbacks on all sides will remain the same. Minimal changes to site and
building is proposed. The proposal is not in keeping with the emerging character of the
area, the continuing efforts of the private and public sector to improve the Gulf to Bay
Boulevard corridor or with revitalization efforts of the City as a whole. The limited
improvements to this site are not expected to promote reinvestment in the
neighborhood.
Page 11
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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 proposal includes a parking reduction from 77 spaces to 11 spaces. Required
parking is based on 2.5 spaces per 1,000 square feet ofland area. Staff believes that this
method of calculating parking requirements for this use may be a scrivener's error and
has typically calculated parking space requirements for vehicle sales and display
establishments at 2.5 spaces per 1,000 square feet of gross floor area. Using this
formula, the parking requirement for this site would be 11 parking spaces.
D. GENERAL APPLICABILITY: 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 site currently includes vehicles on display for sale zero feet from all property lines.
There is currently no landscaping provided on the site. The landscaping included with
this proposal are a negligible improvement over what currently exists on site. The
proposal is inconsistent with the redevelopment efforts initiated by the City along Gulf
to Bay Boulevard. The proposal includes the continued use of the site for vehicle sales
and display. The proposal also includes vehicle display areas located within all required
setbacks, eliminating most required interior landscape area, eliminating the required 10-
foot landscape buffer along Femwood Avenue (west) and reducing by half, the required
landscape buffer along the north property line and the City's primary east-west corridor.
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 while the proposed use, in and of itself, will
be in compliance with that zoning, the proposal does not meet most of the Code
requirements. The proposal in inconsistent with redevelopment efforts initiated by the
City along Gulf to Bay Boulevard. The proposed development is not expected to
encourage appropriate redevelopment and use of adjacent land buildings.
Page 12
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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 site is located adjacent to residential zoned and used properties. There is no
pedestrian access currently available between the residential areas to the north and Gulf
to Bay Boulevard to the south. It is the City's goal to provide pedestrian access via
sidewalks throughout the City. Staff believes a sidewalk should be installed. The
development will adversely affect the health or safety or persons residing or working in
the neighborhood by not providing a continuous sidewalk along Fernwood Avenue.
4. The proposed development is designed to minimize traffic congestion.
The applicant has proposed to eliminate two driveways along Gulf to Bay Boulevard.
The City's Traffic Operations Engineer has asserted that leaving the two curb cuts along
Gulf to Bay Boulevard is dangerous and has required that they be removed with this
proposal. That requirement was included with the revised site plan. The City's Traffic
Operations Engineer also requires the designation of the second driveway, located
approximately 45 feet north of Gulf to Bay Boulevard, along Fernwood Avenue. That
requirement was also not included with the submission. A second option suggested by
The City's Traffic Operations Engineer for that driveway is to make it a right-in only
entrance. The applicant has verbally agreed with this condition. In the event that this
application is approved, Staff recommends that that driveway is either eliminated or that
it be made a right-in only.
5. The proposed development is consistent with the community character of the
immediate vicinity of the parcel proposed for development.
The proposed development is inconsistent with the community character of the
immediate vicinity that includes an emerging redevelopment pattern of existing
commercial, overnight accommodation and other non-residential uses. The proposal
does not further the private and public sectors improvements along the Gulf to Bay
Boulevard corridor. At a minimum, other redevelopment projects have installed a 15-
foot wide landscape buffer along Gulf to Bay Boulevard and provided architectural
upgrades and enhancements to existing or proposed buildings.
Page 13
.
.
6. The design of the proposed development mInimizes adverse effects, including
visual, acoustic and olfactory and hours of operation impacts, on adjacent
properties.
The proposed development includes inadequate landscaping and the location of display
vehicles within all required setbacks. Vehicle display areas are currently and will
continue to be located directly on the front (west) property line along Femwood
Avenue. A landscape plan showing buffer material that will meet the requirements of
Code has not been submitted to Staff. Landscaping is proposed that will not adequately
buffer the site, as all proposed shrub materials are species that will not exceed 24 inches
in height. This will not meet the Code requirement that buffer material be able to reach
and be maintained at a height of at least 36 inches in height. Code also requires that a
shade tree be planted every 30 feet on center within all required landscape buffers. Code
also requires that a shade tree be planted every 30 feet on center within all required
landscape buffers. Required shade trees have been proposed, however the sizes
proposed (two-inch caliper) does not meet the Code requirement of four-inch caliper.
Deficiencies associated with this development are not mitigated by this proposal. The
applicant stated at the CDB meeting on March 20, 2001 that the landscape plan would
be revised to show buffer material that will meet the requirements of Code but it has not
been submitted to Staff. The applicant met with Staff on April 5, 2001 and stated that,
should the application be approved, all buffers will consist of plant material that will
reach a height of 36 inches within 12 months of planting. Should the application be
approved, Staff would recommend that a condition of such an approval be that a revised
landscape plan be submitted to and approved by Staff prior to the issuance of a
Development Order.
Page 14
.
.
SUMMARY AND RECOMMENDATION:
The application and supporting materials were reviewed by the Development Review Committee
on February 15, 2001. The proposal is not in compliance with the standards and criteria for
Flexible Development approval, with the maximum development potential, requirements of
Comprehensive Infill Redevelopment Projects, or with all applicable standards of the
Community Development Code.
The Planning Department recommends DENIAL of the Flexible Development approval to
permit vehicle sales and display in the Commercial District, for the site at 2394 Gulf to Bay
Boulevard, as part of a Comprehensive Infill Redevelopment Project with the following five
bases:
· The proposed site improvements include minimal landscaping which do not meet the intent
of Code, the requirements for a Comprehensive Infill Redevelopment Projects and are
inconsistent with previously approved Comprehensive Infill Redevelopment Projects and the
redevelopment efforts along Gulf to Bay Boulevard. Landscape buffers along major arterial
roads, including Gulf to Bay Boulevard, are required to be 15 feet in width. The minimum
buffer width required for secondary streets, such as Femwood Avenue, is 10 feet. These are
the minimum width with in which appropriate landscaping may be located in order to
mitigate deficiencies elsewhere on the site. Possible solutions include reducing the amount
of building on site thereby reducing the amount of required parking and allowing additional
display and landscape area;
· The minimal improvements to the building do not meet the intent of Code, the requirements
for a Comprehensive Infill Redevelopment Projects and are inconsistent with previously
approved Comprehensive Infill Redevelopment Projects and the redevelopment efforts along
Gulf to Bay Boulevard;
· That a sidewalk is not provided along Femwood Avenue to ensure pedestrian safety;
· Adequate buffering is not provided between the subject site and adjacent residential uses to
the north. The proposal includes a landscape buffer along the north property line that varies
between six and five feet where the minimum buffer width is 10 feet; and
· Minimal improvements to the master site to the west are proposed where, generally,
redevelopment would address the entire site and use.
Page 15
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.
Should the application be approved, Staff recommends the following 12 conditions:
1. That the proposed 7.5 foot landscape buffer be increased to 10 feet at the subject site along
Gulf to Bay Boulevard and the comers at Gulf to Bay Boulevard and Femwood Avenue be
improved as planters similar in design and plant species in lieu of a IS-foot landscape buffer
along Gulf to Bay Boulevard to mitigate the reduced width; or that a IS-foot landscape buffer
will be provided along Gulf to Bay Boulevard which will require the demolition of a portion
of the structure;
2. That a 10-foot landscape buffer be installed along Femwood Avenue;
3. That all perimeter buffers consist of plant material that will reach and be maintained at a
height of at least 36 inches within 12 months of planting;
4. That all dead and dying plant material be replaced prior to the issuance of a certificate of
occupancy;
5. That all new plant material to be located at 2388 and 2394 Gulf to Bay Boulevard meet the
minimum size requirements of Code;
6. That all signage on the site located at 2394 Gulf to Bay Boulevard comply with Code (i.e.
existing, freestanding sign at 20 feet in height and approximately 64 square feet in area);
7. That a four-foot sidewalk be installed along Femwood Avenue within the right-of-way;
8. That the two dumpsters at the northwest comer of the site located at 2388 Gulf to Bay
Boulevard are enclosed by a concrete block wall and chainlink gate;
9. That a cross access agreement be executed prior to the issuance of a Development Order;
10. That the south entrance along Femwood Avenue for the site at 2394 Gulf to Bay Boulevard
be a right-in only and the width may be reduced to 18 feet;
11. That the exterior of the building located at 2394 Gulf to Bay Boulevard be finished as
proposed and that the overhead doors on the west fayade be painted to match the rest of the
building; and
12. That the existing vehicle display platform located at the southwest comer of 2388 Gulf to
Bay Boulevard be removed and replaced with three, single vehicle display platforms located
no closer that ten feet from the front (south) property line along Gulf to Bay Boulevard and a
maximum of five feet in height.
Prepared by: Mark T. Parry, Planner
~
_______------- d____/
../
ATTACHMENTS:
Aerial Photograph of Site and Vicinity
Location Map
Future Land Use Map
Zoning Atlas Map
Application
Traffic Study
\ IMS2IPDSIPlanning DepartmentlC D BIFLEXiPending App/icationslGulfto Bay 2394 Dayton A ndrews I Gulf to Bay 2394 STAFF
REPORT 1I.doc
Page 16
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OCL CATEGORY REPORT
Date Printel 2/21/2001
~
Business Name/Address
Owner/Mailing Address
DICK NORRIS BmCK PONTIAC. GM DICK NORRIS BUICK PONTIAC GMC,
1133 CLEVELAND 1133 CLEVELAND ST
OCL9011421
727-446-9581
Date Opened 8/18/1999
CLEARWATER,FL 33755 ISS
1.00 62-02-19801-23, Lie: 04164, Bus phone: (727) 446-9581;
727-787-8663
ATTTOWAY I,INCOI,N MRRCTTRY
2085 GULF TO BAY
AUTOWAY MOTORS LLC
19660 US HIGHWAY 19 N
OCL9027831
(727) 466-2000
Date Opened
CLEARWATER,FL 33764 ISS
62-02-000956-23, Lie: 02355, Bus phone: (727) 466-2000
LOKRY OLDSMOBILR INC
2339 GULF TO BAY
LOKEY OLDSMOBILE INC
2339 GULF TO BAY BLVD
OCL9062591
Date Opened 3/7/1984
CLEARWATER,FL 33765-4102 ISS
Bus phone: (727) 799-2151 VENDING MACHINES ON
OCL-0005014
AUTOWAY LINCOLN-MERCURY
2092 GULF TO BAY
AU TOW A Y MOTORS LLC
19660 US HIGHWAY 19
OCL9137621
(727) 466-2000
Date Opened 8/5/1988
CLEARWATER,FL 33764
Lie: 02356, Bus phone: (727)466-2000
ISS
DA YTON ANDREWS INC
2388 GULF TO BAY
DA YTON ANDREWS
2388 GULF TO BAY BLVD
OCL9034111
727-799-4539
Date Opened
MV-01638
SATURN OF CLEARWATER INC
2340 GULF TO BAY
CLEARWATER,FL 33765-4103 ISS
1.00 62-02-028423-23, Bus phone: (727) 799-4539 Lie: 08415, Bus
phone: (727) 530-0648
LOKEY OLDSMOBILE INC
2339 GULF TO BAY BLVD
OCL9098601
(727) 799-2151
Date Opened 3/3/1986
CLEARWATER,FL 33765-4102
Bus phone: (813) 799-2151 Lie: 05164
ISS
b
m!;
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Business Name/Address
Owner/Mailing Address
FREEDOM FORD INC
24825 US HIGHWAY 19
FREEDOM FORD INC
24825 US HIGHWAY 19 N
OCL9050511
(727) 797-2277
Date Opened
CLEARWATER,FL 33763-3902
owners ph 727-797-2277
ISS
STTNSET PONTIAC GMC TRTTCK SOT:
19320 US HIGHWAY 19
SUNSET PONTIAC GMC TRUCK SOUTH
19320 US HIGHWAY 19 N
OCL9201921
(727) 536-1967
Date Opened 7/17/1992
CLEARWATER,FL 33764-3176 ISS
ADD COKE MACHINE 10/95,Bus phone: (727) 536-1967
DIMMITT CHEVROLET INC
25485 US HIGHWAY 19
DIMMITT CHEVROLET INC
25485 US 19 N
OCL9019751
727-791-1818
Date Opened 4/25/1991
CLEARWATER,FL 33763
1.00 Lie: 06205, Bus phone: (813) 791-1818
ISS
CROWN AClJRA
18911 US HIGHWAY 19
CROWN MOTORS OF CLEARWATER
18911 US HIGHWAY 19 N
OCL-0005080
727-507-8866
Date Opened 12/1/1999
CLEARWATER,FL 33764
ISS
AUTOWAY DODGE
19500 US HIGHWAY 19
KENYON DODGE INC
19660 US HIGHWAY 19 N
A TTN PAT VTrHTrH
CLEARWATER,FL 33764
1.00 Lie: 02010, Bus phone: (727) 533-4000
OCL9035401
(727) 533-4000
Date Opened
ISS
LARRY DIMMITT CADILLAC INC
25191 US HIGHWAY 19
LARRY DIMMITT CADILLAC INC
25191 US HIGHWAY 19 N
OCL9025781
797 -7070
Date Opened 1/1/1993
CLEARWATER,FL 33763-2102 ISS
1.00 62-02-030639-23, Lie: 04448, Bus phone: (813) 797-7070
MAZDA VILLAGE
21154 US HIGHWAY 19
RONALD MUELLER
21154 US HIGHWAY 19 N
OCL9135451
(727) 530-0602
Date Opened 6/6/1988
CLEARWATER,FL 33765-2854
1.00 Lie: 06872, Bus phone: (813) 791-8171
ISS
7
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l7
Business Name/Address
.
.
17
'.
Owner/Mailing Address
LOKEY MERCEDES BENZ
19820 US HIGHWAY 19
LOKEY MOTOR CO INC
19820 US HIGHWAY 19
OCL9098481
(727) 789-1371
Date Opened 2/27/1986
CLEARWATER,FL 33764 ISS
ADD COKE MACHINE 10/95, Bus phone: (727) 789-1371 Bus
phone: (727) 530-1661
CLEARWATER MTTSTTRlSHT
21699 US HIGHWAY 19
SONIC A UTOMOfIVE CLEARWATER I
21699 US HIGHWAY 19 N
OCL9154171
727-799-6400
Date Opened 9/1/1989
CLEARWATER,FL 33765 ISS
Lie: 01017, Bus phone: (813) 799-6400
COl\1PTROLLER 799-1234 MIKE MCCARTY - PHONE
CALL MADE 12/12/97.
SONIC AUTOMOfIVE CLEARWATER IN OCL9061171
21799 US HIGHWAY 19 N
CLEARWATER TOYOTA
21799 US HIGHWAY 19
727-799-1234
Date Opened 1/25/1984
CLEARWATER,FL 337652835
Lie: 03296, Bus phone: (813) 799-1234
ISS
LOKEY TNFTNTTT
19740 US HIGHWAY 19
LOKEY MOTOR CO
19740 US HIGHWAY 19
OCL9187971
(727) 789-1371
Date Opened 10/2/1991
CLEARWATER,FL 33764 ISS
ADDED CATEGORY 8/21/92 lM, Bus phone: (727) 531-4774
OWNER'S PHONE530-1661
US AUTOMOTIVE CORP
635 BELLEAIR
635 BELLEAIR RD
(727) 849-7135
Date Opened 11/14/1985
CLEARWATER,FL 33756-2106 ISS
Lie: 02329, Bus phone: (727) 849-7135 bus name change from
U S AUTOMOTIVE CORP TO BROKER'S INC 9/12/97 1M
P .T'S AUTO WORLD TNC
1370 CLEVELAND
PETER GIANFILIPPO
1370 CLEVELAND ST
OCL9224601
(727) 736-1926
Date Opened 2/10/1994
CLEARWATER,FL 33755-5105 ISS
SALES ONLY, Bus phone: (727) 461-4900 ------ added
merchant category...see casenotes 7/14/00
KOTAKTS ATTTO BODY SHOP TNC
1141 COURT
KOTAKIS AUTO BODY SHOP INC
1141 COURT ST
OCL9007561
(727) 595-7766
Date Opened
CLEARWATER,FL 33756-5748 ISS
62-02-55066-23, Lie: 01367, Lie: 08577, Bus phone: 447-1952
7
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Business Name/Address
.
lC.7
Owner/Mailing Address
CONNELLY'S TIRE AND ATTTO REP;! JOSEPH CONNELLY JR
1821 DREW 1821 DREW ST
OCL9038951
(727) 724-1984
Date Opened
CLEARWATER,FL 33765-2918 ISS
1.00 62-02-080080-25, ADD COKE MACHINE 10/95, Lie: 04486,
Bus phone: (813) 447-1296
SPORT TTTIUTY PERFORMANCE CF STEVE EISEMAN, SPORT UTILITY CTR
1902 DREW 1902 DREW ST
727 -461-6955
Date Opened 7/15/1991
HENRY STTMNERS TTSED CARS INC
2165 DREW
727-461-3105
Date Opened 9/24/1992
SALE OF ONLY USED MOTOR
VEHICLES
FISCHER MOTORS INC
1749 DREW
(727) 443-4721
Date Opened 7/25/1985
SKYCREST ATTTO SALES
2004 DREW
(727) 789-6887
Date Opened 9/28/1995
T M .1 ENTERPRISES
1335 FT HARRISON
(727) 461-4883
Date Opened 11/6/1991
.1 .T'S AUTO AND TRUCK SALES
1216 FT HARRISON
(727) 446-6176
Date Opened 1/10/1997
STATE DEALER'S LICENSE VI
22400
OCL9184151
CLEARWATER,FL 33765 ISS
1.00 1/96 NEW OWNER/ADD MERCH, Lie: 08221, Bus phone:
(813) 461-6955 COKE MACH ADDED 10/95 3/27/98 NEW
OWNER & BUSINESS NAME. OLD NAME ALTERNATIVE
FOUR WHEEL INC, NEW NAME SPORT UTILITY
PERFORMANCE CENTER.
HENRY SUMNER OCL9204991
2165 DREW ST
CLEARWATER,FL 33765-3219
1.00 Other: DON'T DO, REPAIRS FOR THE PUBLIC.
ISS
GARY AND R FISCHER
2089 RIDGELANE RD
OCL9090581
CLEARWATER,FL 33755-1268 ISS
62-02-098227-23, Lie: 00566, Bus phone: (813) 441-9998
MICHAEL VLAMAKIS
2004 DREW ST
OCL9319501
CLEARWATER,FL 33765
Lie: 08741, Bus phone: (813) 446-1957
REN
TED JUHL
1335 FT HARRISON AVE
OCL9004701
CLEARWATER,FL 33756 ISS
Lie: 06604, Bus phone: (727) 461-4883; OWNERS PHONE
(727)441-2197
JOHN OLSON
1967 EDGEWATERDR
OCL9340051
CLEARWATER,FL 33755-1418 ISS
1.00 VEHICLE SALES ONL Y/SS, Lie: 08211, BUS PH: (727)
446-6176; HOME PHONE 727-449-9388
7
4
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Business Name/Address
.
.
Z7
Owner/Mailing Address
P .J'S ATTTO WORLD TNC
1594 FT HARRISON
PJ'SAUTOWORLDINC
1594 S FT. HARRISON A V
OCL9016371
(727) 736-1926
Date Opened
CLEARWATER,FL 33756 ISS
SALES ONLY, ADD COKE MACHINE 1O/95,Bus phone:
(727) 461-5001
ATTTO OTTTLRT TNC
603 FT HARRISON
MICHAEL WHALON
16104 3RD STREET EAST
OCL-0006650
(727) 443-1308
Date Opened
REDINGTON BEACH,FL 33708
1.00 USED AUTOMOBILE DEALERSHIP
ISS
T M .T RNTRRPRTSRS
1345 FTHARRISON
TED JUHL
1345 S FT HARRISON AVE
OCL-0007421
727-461-7733
Date Opened
CLEARWATER,FL 33756
Used Car Dealer
ISS
WHEELS PUTS TNC
1315 FT HARRISON
WHEELS PLUS INC
1315 S FT HARRISON AVE
OCL-0000728
441-9422
Date Opened
CLEARWATER,FL 33756 ISS
USED AUTO SALES; DAVID RICE, PRES. BUSINESS
PHONE #441-9422
ANDY'S SPORTS CAR CENTER
500 FTHARRISON
ADRIANO BATTAGLINI
406 VENETIAN DR
OCL9154051
727-446-4594
Date Opened 9/1/1989
CLEARWATER,FL 33755-1750 ISS
GARAGE MV-03379, Lie: 02154, owners ph 443-3824
EASY RIDE AUTO SALES TNC
613 FTHARRISON
LASZLO VARGA
10158 106TH TERRACE N, APT E
OCL-0007049
446-6433
Date Opened 12/1/2000
LARGO,FL 33773
USED CAR AUTO SALES
ISS
CLEARWATER AUTOMOTIVE TNC
205 GREENWOOD
FRANK MCKINLEY
205 S GREENWOOD AVE
OCL9004141
(727) 446-1076
Date Opened 1/1/1995
CLEARWATER,FL 33756-5714 ISS
62-02-89119-23, ADD COKE MACHINE 10/95, Lie: 01291,
Bus phone: (813) 446-1076
7
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Business Name/Address
e
"7C(
Owner/Mailing Address
CADTLLAC RANCH
1501 GREENWOOD
(727) 785-7671
Date Opened 12/18/1992
STTRF. SAVF. ATTTOS TNC
1698 GULF TO BAY
(727) 443-0988
Date Opened
GOT ,DF.N CT ,ASSTCS
1928 GULF TOBA Y
(727) 449-1963
Date Opened 1/20/1995
G C TTNC
1715 HERCULES
(727) 443-1557
Date Opened 9/1/1989
HARBORSTDE AUTO SALES TNC
1890 HERCULES A
727 -446-1464
Date Opened 6/5/2000
STATE OF FLORIDA VI28546
ALEX'S HOUSE OF VOLKSW AGENS
1401 MISSOURI
727-443-4825
Date Opened
ROGER OWENS
1480 MISSOURI
446-4736
Date Opened
D AND G AUTO INC
140 ANNWOOD RD
OCL9209271
PALM HARBOR,FL 34685-1901
Lie: 06512, Bus phone: (813) 442-5189
ISS
SURE SAVE AUTOS INC
1698 GULF TO BAY BLVD
OCL-0003222
CLEARWATER,FL 33755
AUTOMOTIVE SALES
ISS
WEBSTER CLASSIC AUCTIONS INC
1928 GULF TO BAY BLVD
OCL9308891
CLEARWATER,FL 33765-3539 ISS
1.00 NO REPAIRS, Lie: 06385, Bus phone: (813) 726-1957
G C IINC
2370 BELLEAIR RD
OCL9154351
CLEARWATER,FL 33764-1730
Lie: 04906, Bus phone: (813) 442-9668
ISS
HARBORSIDE AUTO SALES IN C OCL-0006088
1890 N HERCULES AVE
T INTT A
CLEARWATER,FL 33765 REN
1.00 ROBERT HUNT PRES ET AL+USED AUTO SALES
GOLDIE SABO
1401 S MISSOURI AVE
OCL9004441
CLEARWATER,FL 33756-2248
Lie: 02552, Bus phone: (727) 443-4825
ISS
ROGER OWENS
1480 S MISSOURI AVE
OCL9031511
CLEARWATER,FL 33756-3219
Lie: 09129, Bus phone: (727) 446-4736
ISS
1
h
Lf(
Business Name/Address
.
.
l( (
'.
Owner/Mailing Address
TTNJVRRSAL MOTORS OF CLRARWA PETERNIKITOPOULOS
614 MISSOURI 614 S MISSOURI AVE
OCL9012411
(727) 796-3417
Date Opened 10/1/1997
MV-08591
D.T FORRTGN ATTTOMOTJVR
1460 MISSOURI
CLEARWATER,FL 33756-5915 ISS
ADD COKE MACHINE 10/95, Lie: 05716, Bus phone: (727)
796-3417
D J FOREIGN AUTOMOTIVE
1460 S MISSOURI AVE
OCL9004541
(727) 442-2695
Date Opened
CLEARWATER,FL 33756-3219 ISS
1.00 Lie: 02945,1998 LIC:09144 STATE LICENSE EXPIRES
8-17-2001
PAGANO ATTTO DRTATT,
1200 MYRTLE
SAM PAGANO, JR
1200 MYRTLE AVE N
OCL-0001318
813-447-7787
Date Opened 12/16/1997
CLEARWATER,FL 33755
ISS
HOWARD .TTMMTE'S USED TRUCKS 1 HOWARD JIMMIE
609 SEMINOLE 609 SEMINOLE ST
OCL9024231
727-443-1448
Date Opened
CLEARWATER,FL 33755-3865 ISS
1.00 62-02-110916-23, Lie: 05421, Bus phone: 727-443-1448
EXOTIC CAR INC
18514 US HIGHWAY 19 A
JAMES RAY
18514 US HIGHWAY 19 N
(
OCL9202331
(727)535-3000
Date Opened 7/24/1992
CLEARWATER,FL 33764-2764 ISS
Lie: 01517, Bus phone: (727) 535-3000, Owner's home phone
(727) 726-5552
PREFERRED CAR SALES INC
24639 US HIGHWAY 19
PREFERRED CAR SALES INC
24639 US HIGHWAY 19
OCL-0000086
813-712-9292
Date Opened 6/10/1997
CLEARWATER,FL 33763
ISS
LOKEY PRE OWNED
19936 US HIGHWAY 19
LOKEY MOTOR CO
19936 US HIGHWAY 19
OCL9180841
(727) 789-1371
Date Opened 5/15/1991
SALE OF ONLY USED MOTOR
VEHICLES
CLEARWATER,FL 33764 ISS
1.00 NO REPAIRS, Bus phone: (727) 530-1661 OWNERS PHONE
530-1661
I
7
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Business Name/Address
.
.
l(F
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Owner/Mailing Address
AVIS RF,NT A CAR
801 CLEVELAND
AVIS RENT A CAR
801 CLEVELAND ST
OCL9128651
Date Opened 2/11/1988
CLEARWATER,FL 33755-4509
1.00 Lie: 07246, Bus phone: 442-4119
ISS
F,NTF,RPRISF, RF,NT A CAR
1200 COURT
ENTERPRISE RENT A CAR OCL-9185941
6800 N DALE MABRY HIGHWAY
STTTTF 1 'iR
TAMPA,FL 33614 ISS
1.00 bus #446-1125, moved from 1133 Cleveland St 5/27/97
813-887-4299
Date Opened 8/12/1991
STTNSHINF, TTSF,D FTTRNITTTRF,
699 DREW
THOMAS DUTIRY
699 DREW ST
OCL9021541
(727) 734-7175
Date Opened
CLEARWATER,FL 33755-4109 ISS
62-02-078551-29, Bus phone: (813) 441-4210 Other: 96/FICT,
62-02-078552-23, Lie: 01533, Bus phone: (727) 441-4210
CONNELLY'S TIRE AND AUTO REP) JOSEPH CONNELLY JR
1821 DREW 1821 DREW ST
OCL9038951
(727) 724-1984
Date Opened
CLEARWATER,FL 33765-2918 ISS
1.00 62-02-080080-25, ADD COKE MACHINE 10/95, Lie: 04486,
Bus phone: (813) 447-1296
DUBE'S TEXACO
1759 DREW
DUBE'S TEXACO STATION INC
1759 DREW ST
OCL9045931
Date Opened
CLEARWATER,FL 33755-6218
1.00 MV-06146, Lie: 03776, Bus phone: (813) 442-2095
62-02-082300-25
ISS
CLEARWATER RENT A CAR. TNC
41 FT HARRISON
CLEARW ATER RENT A CAR, INC
41 N. FT. HARRISON
OCL-0002454
443-6464
Date Opened 6/1/1997
CORP #P99000053940
ENTERPRISE RENT A CAR
2430 GULF TO BAY
CLEARWATER,FL 33755 ISS
VEHICLES TO BE KEPT AT SEPARATE LOCATION PER S.
GLATTHORN AND L. AGHEMO.
ENTERPRISE LEASING CO
6800 N DALE MABRY #158
OCL9335741
813-887-4299
Date Opened 10/4/1996
TAMPA,FL 33614
Lie: 05894 BUSINESS PHONE: (727) 791-6605
ISS
I
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Business Name/Address
.
.
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OwnerIMailing Address
GTTLF RENT-A-CAR INC
1384 GULF TO BAY
GULF RENT -A-CAR IN C
1384 GULF TO BAY BLVD
OCL-0003185
727-446-2855
Date Opened 1/5/1999
CLEARWATER,FL 33755 ISS
1.00 AUTOMOBILE RENTALS BUSINESS PHONE 727-446-2855;
OWNER'S PHONE IS 727-443-4853
PREFERRED RENT-A-CAR. INC.
715 GULFVIEW
MICHAEL KASTRENASKES
19206 US 19 NORTH
OCL-0004440
535-9891
Date Opened 9/1/1999
CLEARWATER,FL 33764
ISS
FTTN SHACK
521 GULFVIEW
FUN GUY ENTERPRISES OCL-0006621
521 S GULFVIEWBLVD
469-8885
Date Opened
CLEARWATER,FL 33767 ISS
ATTRACTION TICKET SALES & RENTALS
ENTERPRISE RENT A CAR
445 HAMDEN
ENTERPRISE LEASING CO OCL9341681
6800 N DALE MABRY HIWY #158
(727) 446-4190
Date Opened 2/13/1997
TAMPA,FL 33614 ISS
Lie: 09743, Bus phone: (813) 446-4190
GULF RENT A CAR INC
529 HOWARD
JOHN GIANFILIPPO OCL9016111
529 HOWARD CT
(727) 446-2855
Date Opened
CLEARWATER,FL 33756-1101 ISS
ADD COKE MACHINE 10/95, Lie: 07893, Bus phone: (727)
736-1926
U HAUL CLEARWATER
201 MlSSOURI
U HAUL CO OF WEST COAST
201 MISSOURI AVE S
OCL9020191
46 I -2532
Date Opened 1/1/1995
CLEARWATER,FL 33756
1.00 owners ph 727-461-2532
ISS
NICHOLS AND DIMES INC
614 MlSSOURI
PETER NICHOLS
6 14 S MISSOURI AVE #B
OCL-0002819
441-4511
Date Opened
CLEARWATER,FL 33756
ISS
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Business Name/Address
.
.
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Owner/Mailing Address
PINELLAS RENT A CAR INC
19206 US HIGHWAY 19
PINELLAS RENT A CAR INC
19206 US HIGHWAY 19 N
OCL9011821
(727) 531-8062
Date Opened
CLEARWATER,FL 33764 ISS
62-02-066000-23, Lic: 04603, Bus phone: (813) 535-9891
IT HATH, CO OF FLORIDA
23917 US HIGHWAY 19
U HAUL CO OF FLORIDA
PO BOX 21517
OCL-0006145
ENTERPRISE RENT A CAR
19400 US HIGHWAY 19
PHOENIX,AZ 85036 ISS
truck rental, hitch installation, merchant, indoor storage, LP gas
sales
owners ph 602-263-6745
ENTERPRISE LEASING CO OCL-0006636
6800 N DALE MABRY #158
Date Opened 6/21/2000
Trucks
813-887-4299
Date Opened 9/25/2000
TAMPA,FL 33614 ISS
andrew taylor, president; bob albrecht, vice president/general
manager; john brueggin, vice president of finance
RITE WAY PACKAGING & SHWPIN( RITE WAY PACKAGING & SHIPPING
20505 US HIGHWAY 19 20505 US HIGHWAY 19 N STE 23
OCL-0006391
726-0010
Date Opened
CLEARWATER,FL 33764 ISS
MAILING, PACKAGING & ADDRESSING userd Furniture
Sales, Movinhg Furniture 20 Spaces allotted to U-haul units.
FREEDOM FORD INC
24825 US HIGHWAY 19
FREEDOM FORD INC
24825 US HIGHWAY 19 N
OCL9050511
(727) 797-2277
Date Opened
CLEARWATER,FL 33763-3902
owners ph 727-797-2277
ISS
CARTEMPS USA
18481 US HIGHWAY 19
SPIRIT RENT-A-CAR, INC
18481 US HIGHWAY 19
OCL9335001
(305) 522-0000
Date Opened 9/20/1996
CLEARWATER,FL 33764
Lic: 04917, Bus phone: (813) 524-7795
ISS
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-
www.chevrolet.com
BUICK SALES & SERVICE
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www.AutoNationDirect.com
The Largest Selection
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BUICK@ .
.
For the car that
fits your needs
plus dependable
service and parts
SEE YOUR
NEAREST DODGE
DEALER 100AV.
CLEARWATER{
AUTOWAY DODGE ..
19400 US Hwy 19 N
ST PETERS.
DAYTON ANDREWS DO
2301 34th St N Sl Pel
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Dayton Andrews~ In~ a Horida Company
2394 Gulf to Bay Boulevard
FL 01-01-03
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, - . ...~~ '.Taliah<l..c;:.~e. ';!orida 3239<J-OSOO
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August 1, 1995
Mr.. Steven E. Hagenau
/2388 Gutf To Bay Boulevard
Clearwater. FL 34625
SUBJECT: Motor Vehicle Repair Shop Registration #MV-01~
Your application fuf regiStration as a motorvehlicle repair shop as
by section 559.9"...4. Florida Statutes. has been receIved and processed.
Your registration c~ficate appears below. ThIS certificate should be
detached aJonQ the doned line and affixed to the sign which will be mailed to you
under separate cover. The sign must be posted In a cons,,;cuous location at your
place of business. ThIs reglSt:ation certificate WIll exptre August 14. 1996.
Your registration number IS required by law to be rnaced on your invoices
and '$timate forms. The registrafton number is also reqUired to be Included in
advartisemeots whICh are placed .n ~ newspaper. magazme or dIrectory.
If you have any questions. please do not hesItate to call the DivisIOn of
Consumer ServICes, Bureau of Motor VehICle Repa/f. at 800-435-7352 or
904-922-1159.
c... ._.
--~.-.
~- ,---_.-.~ -~----------~-~._._---~ .__..~~...~._--_.
State of Florida
Department of Agriculture and Consumer Services
OMslOn of Consumer SeMces
T .3RahassH. Florida 32399-0800
~tf"cate No.:
De te IE""'....:
r_ Mount:
Motor Vehicle Repair
Registration Certilicate
ChIpt{,/ 559. FtoocII S!at*s
GOOO CRy ~ THE LOCATor llST6) BElOW
Dayton Andrews Ine.
2388 Gulf To Bay Boulevard
Clearwater, FL 34625
.
.
Dayton Andrews - 2388 and 2394 Gulf to Bay Boulevard
1) Unapproved vehicle sales at 2388 G2B.
fJU
FL (:) 1-0 1.c1~
Outstandinq Violations
2) Conditions related to 11-13-97 variance for auto ramp at 2394 G2B that have not
been met:
a. The structure shall be relocated within 90 days to provide a minimum 10-foot
setback from the Gulf to Bay Boulevard right-of-way - NOT DONE.
b. Within 120 days, landscaping shall be installed in the aforementioned 10-foot
strip to provide 100% coverage. The buffer shall consist of shrubs at least 18
inches in height at the time of planting. Prior to installation, a landscape plan
shall be submitted to the City's Environmental Official and shall be subject to
approval by the Official. Failure to maintain the buffer in a healthy condition shall
void the variance. - NOT DONE.
01-29-01
I
I ~
.
.
.
(Cont. from 2/4/93) Variances to Sign Regulations for property (Dayton Andrews. Inc.)
located at 2388 Gulf-to-Bay, Sec. 18-29-16, M&B 24.05 & 24.06, and Gulf to Bay
Estates, Unit 3, Lots 594-597 (Massey Motors. Inc. SV92-26)(PLD)
(Cont. from 2/4/93) Variances to Sign Regulations for property (Lokey Oldsmobile.
Inc.) located at 2339 Gulf-to-Bay, Sec. 18-29-16, M&B 31.05, and Lokey FRe., Lot 2
(Lokey. McFarland. Flaws & Barnett Banks Trust Co. SV92-44)(PLD)
Mr. Polatty reported the application for a lesser variance as promised by the applicant has
not been received. Mr. Polatty said staff would have no problem with a variance for a
smaller sign. It was noted although 64 square feet is the allowable area, the requested
signs are in the 80 square feet range. Mr. Wright shared pictures with the Commission
members. Mr. Polatty will confirm whether each of the three businesses has a separate
occupational license.
C7. Dayton Andrews. Inc. for a setback variance of 20.42 ft to allow an auto ramp 4.58
ft from the Gulf-to-Bay Blvd. right-of-way where a minimum setback of 25 ft is
required at 2388 Gulf-to-Bay Blvd, Sec 18-29-16, M&B 24.06, together with Gulf-
to-Bay Estates Unit 3, Lots 594-597, zoned CG (General Commercial). V 97-73
Mr. Richter presented background information and written staff recommendations,
stating the applicant uses a vehicle display structure currently located 4.58 feet from the
right-of-way within the Gulf-to-Bay Boulevard setback. Concerns were expressed the
structure presents an unattractive, stark appearance, and poses a safety hazard by
diminishing visibility for motorists leaving the site. Staff recommended moving the
structure back ten feet from the right-of-way, providing skirting to screen the under
structure, and installing low shrubs to soften its appearance. Staff recommended
approval with six conditions.
Bill Adams, construction contractor representing the applicant, said such display
ramps are common at auto dealerships. The applicant plans to landscape along the right-
of-way in front of the ramp in conjunction with construction in the rear for which
variances were previously obtained. He stated additional landscaping would be difficult
because the are beneath the ramp is totally paved. He did not feel the ramp obstructs
view any more than the automobiles displayed for sale in the area. He submitted a
photograph of conditions on the property along the right-of-way, noting the view of the
ramp is obscured by a sign. He felt the owner might object to moving the ramp back to
ten feet from the right-of-way. Discussion ensued regarding use of the ramp for
automobile storage and display. One member suggested allowing adequate time to
resolve various issues associated with the request, and time frames were discussed.
No verbal or written support or opposition was expressed.
w
t
.
.
Member Jonnatti moved to grant the variance as requested because the applicant has
substantially met all of the standards for approval as listed in Section 45.24 of the Land
Development Code, subject to the following conditions: 1) This variance is based on the
application for a variance and documents submitted by the applicant, including maps,
plans, surveys, and other documents submitted in support of the applicant's request for a
variance. Deviation from any of the above documents submitted in support of the request
for a variance regarding the work to be done with regard to the site or any physical
structure located on the site, will result in this variance being null and of no effect; 2) The
requisite building permit(s) shall be obtained within 30 days from the date of this public
hearing; 3) The structure shall be relocated within 90 days to provide a minimum 10 foot
setback from the Gulf-to-Bay Boulevard right-of-way; 4) Within 90 days, the structure
shall be outfitted with skirting that is complementary to the structure's appearance;
5) Within 90 days, paving shall be removed from in front of the structure to provide a
permeable strip for landscaping which measure at least 10 feet in width; and 6) Within
120 days, landscaping shall be installed in the aforementioned 10 foot strip to provide
100 percent coverage. The buffer shall consist of shrubs at least 18 inches in height at the
time of planting. Prior to installation, a landscape plan shall be submitted to the City's
Environmental Official and shall be subject to approval by the Official. Failure to
maintain the buffer in a healthy condition shall void the variance. The motion was duly
seconded. Members, Schwob, Johnson, Jonnatti and Stuart voted "Aye;" Member Gans
voted "Nay." Motion carried.
C6. Davton Andrews. Inc. To permit vehicle service (expansion of existing facilities) at
2388 Gulf to Bay Blvd, Gulf to Bay Estates, Lots 594-597 and Sec 18-29-16, M&B
24.06, zoned CG (General Commercial). CD 96-51
Ms. Glatthorn presented written background information, stating the applicant wishes
to expand vehicle service at the existing car dealership by constructing a 4,500 square foot
structure for parts and new car preparation. She discussed proposed placement and parking
calculations and residential buffering requirements. Staff felt conditions support the request
and recommended approval with six conditions.
One member pointed out, because the subject property is adjacent to a residential
area, the hours of operation should be listed. Another member indicated this is not a new
business and limiting the hours of operation is not as critical as providing a solid block wall
to buffer the noise impacts of a new activity closer to the residential area
Bill Adams, representing the applicant, stated four bays are proposed for getting new
cars ready for sale or delivery. The remainder of the building is for excess parts storage,
replacing a semi-trailer that had been used for parts storage in that location for many years.
Mr. Adams inquired whether it would be possible to locate the new structure to the
west of the existing body shop, instead of in the location specified on the site plan. He noted
such a change would require a different building configuration, but they would still need
4,500 square feet. Discussion ensued regarding the proposed new location. Several concerns
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and questions were raised regarding potential impacts to residential areas to the north and
west, code restrictions related to major vehicle repairs, and orientation of doors, windows and
a solid wall for sound buffering. Ms. Glatthorn noted a revised plan would be needed and
staff would have to work out the details with the applicant regarding parking layout,
landscaping, etc. Lengthy discussion ensued, reiterating the considerations involved in
relocation.
No verbal or written support or opposition was expressed.
Member Kunnen moved to approve regarding Item C6, CD 96-51, relocating a
4,500 square foot building, at least 75 feet to the east of the west property line off Shelly
Street, with a six foot solid wall, fmished on both sides, to be located along the west
property line, with no doors or openings on the north side of the building except a
personnel door, if required. There was no second.
One member pointed out the motion only applies to relocating the building.
Mr. Kunnen stated that was his intention, and if an alternation location cannot be worked
out, the applicant would have to come back with a new request. Mr. Adams clarified the
applicant would like approval of a 4,500 square foot building today, and if possible,
authorization for staff approval of reconfiguration details. If the application is continued
30 days, Mr. Adams stated the applicant will ask for a larger building. Ms. Glatthorn
recommended a continuance to allow time to do the appropriate site plan work. Concerns
were reiterated regarding buffering adjacent properties.
Member Kunnen moved to continue Item C6, CD 96-51, to the meeting of
November 5,1996. The motion was duly seconded and carried unanimously
C3. (Cont. from 10/1/96) Dayton Andrews, Inc. To permit vehicle service ( expansion of
existing facilities) at 2388 Gulf to Bay Blvd, Lots 594-597 and Sec 18-29-16, M&B
24.06, zoned CG (General Commercial). CD 96-51
Ms. Glatthorn presented written background information, stating this application was
continued for the applicant to submit a revised plan showing the proposed new building
in a different location on the northeast comer of the site, and to address staff concerns
about the new location. The City Traffic Engineer reviewed the revised plan and made
three recommendations. Staff felt conditions support the request and recommended
approval with four conditions. In response to questions, it was indicated a condition
prohibiting outdoor speakers is standard when a commercial area abuts residential
properties. Five additional handicapped parking spaces are needed for code compliance.
Bill Adams, representing the applicant, said the proposal has been expanded to 5,340
square feet. He said the recommended conditions are acceptable. Board members felt
additional exterior landscaping is desirable.
No verbal or written support or opposition was expressed.
Member Bickerstaffe moved to approve ItemC3, CD 96-51, subject to the following
conditions: 1) The applicant shall obtain the requisite building permit, certificate of
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occupancy and occupational license within six months from the date of this public
hearing; 2) All site lighting shall be equipped with a 900 cutoff mechanism, with the light
being directed downward and away from adjoining residential properties and street
rights-of-way prior to issuance of the requisite occupational license; 3) Subject to
approval by the Traffic Engineer, the plan shall be revised to include five additional
handicapped parking spaces; and the" motorcycle and compact parking" note shall be
removed from the plan; 4) There shall be no outdoor speakers (existing or proposed) for
the entire site; and 5) Exterior landscaping shall be installed along Shelly Street, in
accordance with City Code. The motion was duly seconded and carried unanimously.
C7. Dayton Andrews, Inc. for a setback variance of 10.45 ft to allow a proposed building
14.55 ft from the Shelly S1. right-of-way where a minimum setback of 25 ft is required at
16, M&B 24.06 together with Estates, Unit 3, Lots 594-597, zoned CG (General
Corrnnercial). VR 96-83
Mr. Richter presented background information and written staff recorrnnendations. He
stated the applicant wishes to construct a new building toward the rear of an existing auto
dealership property. He noted an opportunity exists to improve landscaping in the
unpaved areas around the entire property perimeter. Staff felt conditions support the
request and recorrnnended approval with five conditions. In response to a question, it was
indicated required Development Review Committee site plan review has not been
conducted.
Bill Adams, construction contractor, spoke on behalf of the applicant. He agrees with
staffs recorrnnended conditions. He said several of the conditions were imposed by the
Planning and Zoning Board when they approved a conditional use permit for this
building. He reported the landscaping package includes a plan to improve the area around
the old oak tree.
Member Johnson moved to grant the variance(s) as requested because the applicant has
substantially met all of the standards for approval as listed in Section 45.24 of the Land
Development Code, subject to the following conditions: 1) These variances are based on
the variance application and documents submitted by the applicant, including maps,
plans, surveys, and other documents submitted in support of the applicant's variance
request. Deviation from any of the above documents submitted in support of the variance
request regarding the work to be done with regard to the site or any physical structure
located on the site, will result in these variances being null and of no effect; 2) The
requisite building permit(s) shall be obtained within one year from the date of this public
hearing; 3) The applicant shall landscape the permeable areas around the perimeter of this
property. A landscape plan shall be submitted to the City Environmental Official for
review and approval, prior to installation. No Certificate of Occupancy shall be issued for
the new building until landscaping is installed in accordance with the plan; 4) There shall
be no outdoor speakers; and 5) All site lighting shall be equipped with a 900 cutoff
mechanism, with the light being directed downward and away from adjoining residential
properties and street rights-of-way. The motion was duly seconded and carried
unanimously.
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Item #B2 - 2394 Gulf-to-Bav Boulevard: Davton Andrews, Inc. - Owner/ Applicant.
Request Flexible Development approval to permit vehicle sales/display in
Commercial District as part of a Comprehensive Infill Redevelopment Project: 1)
reduce lot size from 40,000 square-feet to 26,700 square-feet; 2) reduce lot width
from 200 feet to 100 feet; 3) permit vehicle display within front setbacks along
Gulf-to-Bay Boulevard & Fernwood Avenue; 4) permit vehicle sales/display on lot
contiguous to property designated in zoning atlas as residential; 5) permit vehicle
sales/display on lot with less than 7,000 square feet of enclosed building; 6) permit
vehicle sales/display outside enclosed building; 7) reduce parking spaces from 77 to
11 spaces; 8) reduce landscape buffer from 15 feet to 7.5 feet on Gulf-to-Bay
Boulevard; 9) reduce landscape buffer from 15 feet to zero feet on Fernwood
Avenue; and 10) reduce landscape buffer from 12 feet to six feet along north
property line at Sec. 18-29-16, M&B 24.07. FL 01-01-03
ACTION - APPROVED - 7:0 - with conditions: 1) landscape buffer to be increased
to 10 feet along Gulf-to-Bay Boulevard & corners at Gulf-to-Bay Boulevard and
Fernwood Avenue to be improved with planters, similar in design and plant species
in lieu of 15-foot landscape buffer along Gulf-to-Bay Boulevard to mitigate reduced
width; 2) 10-foot landscape buffer to be installed within Fernwood Avenue right-of-
way; 3) all perimeter buffers to include plant material that will reach and be
maintained at a height of at least 36 inches within 12 months of planting; 4) all
dead and dying plant material to be replaced prior to the issuance of a certificate of
occupancy; 5) all new plant material at 2388 and 2394 Gulf-to-Bay Boulevard to
meet Code minimum size requirements; 6 ) all signage on 2394 Gulf-to-Bay
Boulevard site to comply with Code; 7) two dumpsters at northwest corner of 2388
Gulf-to-Bay Boulevard to be enclosed by concrete block wall & chain link gate; 8)
cross access agreement to be executed prior to issuance of Development Order; 9)
south entrance along Fernwood Avenue for 2394 Gulf-to-Bay Boulevard site to be a
right-in only with its width reduced to 18 feet; 10) exterior of building at 2394 Gulf-
to-Bay Boulevard to be finished as proposed and overhead doors on west fac;:ade to
be painted to match building; 11) vehicle display platform at southwest corner of
2388 Gulf-to-Bay Boulevard to be removed and replaced with three, single-vehicle
display platforms, no closer that five feet from Gulf-to-Bay Boulevard property line
and no more than three feet in height; and 12) all landscaping to be installed prior to
issuance of a certificate of occupancy and that a corrected site plan reflecting
planned landscaping materials be filed with the City prior to issuance of
Development Order.
acd040 1
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04/17/01
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Subject:
Gust, Mike
Friday, May 11, 2001 5:41 PM
Tarapani, Cyndi
Parry, Mark; Fierce, Lisa; Quillen, Michael; Bertels, Paul; Melone, Donald; Sides, Ken; Boler,
Ray; Johnson, Gary; Breland, Eleanor
Dayton Andrews - conversion of old Powderhorn Pub property to car sales - NE corner of
Gulf to Bay & Fernwood
ffl:f:-G9P'
Fierce, Lisa
From:
Sent:
To:
Cc:
This is to document Traffic issues related to the action agenda summary notes for subject item (approved with conditions)
of the Community Development Board Meeting of April 17, 2001. Approval request item 7 to reduce parking spaces from
77 to 11 spaces - this item was not supported by Traffic during the review process due to the potential negative impact to
the adjoining residential neighborhood. Condition (2) - 10 foot landscape buffer to be installed within Fernwood Avenue
right-of-way. Upon checking the site plan submitted to the CDB, I found the required sidewalk along Fernwood labeled
"optional" - Traffic still considers it a required installation, with ADA compliance concerns if it is not provided, and the
standard provision that all conflicting utilities are to be relocated at the developers expense. Any landscaping in the right-
of-way requires a R/W permit with maintenance responsibility provisions. Condition (3) - all perimeter buffers to include
plant material that will reach and be maintained at a height of at least 36 inches within 12 months of planting. Given the
proposed location/height of the plantings and displayed vehicles, entensive adjustments may be necessary to maintain
adequate site distance for motorists exiting the site (view of oncoming traffic and pedestrians).
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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,
April 17, 2001, beginning at 1:00 p.m., in the City Commission Chambers, in City Hall, 3rd floor, 112 South
Osceola A venue, Clearwater, Florida, to consider the following requests:
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1. (cont. from 03120/01) Dayton Andrews. Inc. are requesting a flexible development approval to permit vehicle
sales and display in the Commercial District with the following requests as part of a Comprehensive lnfill
Redevelopment Project: 1) To reduce the lot area from 40,000 sq ft to 32,929 sq ft; 2) To reduce the lot width
from 200 ft to 100 ft; 3) To permit vehicle display within the required front setbacks along Gulf to Bay Blvd. and
Fernwood Ave. (Flexible Standard Development criteria - Section 2-704 T3); 4) To permit vehicle sales and
display on a lot contiguous to property designated as residential in the zoning atlas; 5) To permit vehicle sales
and display on a lot with less than 7,000 sq ft of enclosed building (Flexible Standard Development criteria -
Section 2-703 Tl); 6) To permit vehicle sales and display outside of an enclosed building (Flexible Development
criteria - Section 2-704 R3); 7) To reduce in required parking spaces from 77 spaces (2.5 spaces/lOOO sq ft of
land area) to 5 spaces; 8) To permit a reduction in landscape buffer from 15 ft to 7.5 ft on Gulf to Bay Blvd; and
9) To permit a reduction in landscape buffer from 15 ft to zero ft on Fernwood Ave. at 2394 Gulf to Bay Blvd.,
Sec. 18-29-16, M&B 24.07. FL 01-01-03
2. Ronald W. & Laurie E. Anderson are requesting a flexible development approval to reduce the side (south)
setback from 15 ft to 10 ft, reduce the front (west) setback along Eagle Trail from 20 ft to 8 ft, and permit a
chain link fence and 6 ft brick wall in the front setback along Eagle Trail, as part of a Residential Infill Project at
2988 Ea2le Estates Cir. E., Eagle Estates, Lot 59. FL 01-02-11
3. Windin2 Wood Condominium X / J.C. Dubois are requesting a flexible development approval to increase
the height of patio fencing from 4 ft to 6 ft as part of a Residential Infill Project at 2634 Barkdale Ct., Winding
Wood Condominium X. FL 01-02-06
4. Kelley Investment & Mana2ement Corp. / Paul Kelley are requesting a flexible development approval of a
reduction in the required number of parking spaces from 8 spaces to 6 spaces, approval of a parking lot layout from
what is otherwise required by Code and a reduction in the minimum lot width from 100 feet to 56 feet, as part of a
Comprehensive Infill Redevelopment Project and Comprehensive Landscape Program at 667 Bay Esplanade. Unit
#5.6. and 7, Mandalay Unit No.5 Replat, Blk 77, Lot 7. FL 01-02-08
5. PACT. Inc. / City of Clearwater are requesting a flexible development approval to permit the expansion of
an indoor recreation/entertainment use, and reduce the side (west) setback from 10 ft to zero ft, as part of a
Comprehensive Infill Redevelopment Project at 1111 McMullen Booth Rd., Sec. 09-29-16, M&B 24.03 &
24.04. FL 01-02-10
6. K. B. Investment Group. Inc. are requesting a flexible development approval to permit attached dwellings in
the LMDR District within more than two buildings, on a lot which was not vacant as of the date of the adoption
of the Community Development Code and is not a corner lot, as part of a Residential Infill Project at 7 S.
McMullen Booth Rd., Sec. 16-29-16, M&B 21.09. FL 00-11-53
7. Charles W. Hamrick. Dorothy E. Hamrick. Richard L. Kamensky. TRE & Elizabeth Plecker (Sun Ketch
Construction / Tom Quareteti, V.P.) are requesting a flexible development approval, as part of a Residential
Infill Project, to permit attached dwelling in the LMDR District within more than two buildings, on a lot that was
not vacant on the date of the adoption of the Code, with a reduction in front setbacks (along the two, internal,
private roads) from 25 ft to 21 ft, reduction in rear setback (internal property lines only) from 15 ft to 13 ft,
reduction in the side setbacks (internal property lines only) from 10 ft to 8.5 ft, and reduction in side setbacks
from 10 ft to zero ft for common wall construction for all buildings at 1601 E. Druid Rd., Sec. 14-29-15, M&B
43.10,43.11,43.12, and 43.16. FL 00-11-60 / PLT 00-11-05
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8. Thompson Executive Center Partnership Number Two are requesting a flexible development approval to
reduce the front setback from 25 ft to 20 ft, reduce the side (east) setback from 20 ft to 5 ft, reduce the side
(west) setback from 20 ft to zero ft and to reduce the rear setback from 20 ft to 8 ft, reduce the minimum lot area
from 10,000 sq ft to 7,492 sq ft, and reduce the minimum lot width from 100 ft to 55.5 ft, as part of a
Comprehensive Inftll Redevelopment Program with a Comprehensive Landscape Program at 812 Pinellas St.,
Milton Park, Elk 10, Lot 13 and South 1/2 of vacated alley adjoining on the North. FL 01-02-07
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 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 REQUIRING REASONABLE ACCOMMODATION IN ORDER TO
PARTICIPATE IN THIS MEETING SHOULD CALL THE CITY CLERK DEPT WITH THEIR
REQUEST AT (727) 562-4090.
Ad: 03/31/01
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Item #C2 - 601 N. Belcher Road: Luverne M, Loken, TRE/ United Bank & Trust
Company - Owner/Applicant. Request flexible development approval to reduce
south front setback along Sharkey Road from 25 feet to 5 feet, reduce west front
setback along Belcher Road from 25 feet to 15 feet, reduce north front setback
along NE Coachman Road from 25 feet to 15 feet, permit parking within
Institutional District, and increase area of a retail sales and service use from 10%
(1,433 square feet) to 18% (2,500 square feet) in the Office District, as part of a
Comprehensive Infill Redevelopment Project at Sec. 07-29-16, M&B 32.031.
FL 01-01-04
ACTION - APPROVED - 4:2 With conditions: 1) building architecture be revised to
include a sloped roof or similar architectural features and 2) all signage to meet
Code.
Item #C3 - 1100 S. Missouri Avenue: The Clearwater Group, Ltd. - Owner/
Applicant. Request amendment to previously approved Certified Site Plan (Sunshine
Mall) to authorize a change of use for undeveloped parcels from commercial to
multi-family, totaling 155 units and 15,602 square-feet of existing commercial use
at Sec. 15-29-15, M&B 34.01 and Sec. 22-29-15, M&B's 21.12 & 21.13.
FL 01-01-05
ACTION - APPROVED - 5:0 With conditions: 1) final design of buildings to be
consistent with conceptual elevations submitted or as modified by the COB; 2) site
density be limited to 156 dwellings units and 15,602 square feet of non-residential
uses or be based on a conversion rate as outlined in the staff report; and 3) all
signage comply with Code.
Item #C4 - 2394 Gulf-to-Bay Boulevard: Davton Andrews, Inc. - Owner/Applicant.
Request Flexible Development approval to permit vehicle sales/display in the
Commercial District: 1) reduce lot area from 40,000 square-feet to 32,929 square-
feet; 2) reduce lot width from 200 feet to 100 feet; 3) permit vehicle display within
front setbacks along Gulf-to-Bay Boulevard & Fernwood Avenue; 4) permit vehicle
sales/display on lot contiguous to property designated as residential in zoning atlas;
5) permit vehicle sales/display on lot with less than 7,000 square-feet of enclosed
building; 6) permit vehicle sales/display outside an enclosed building; 7) reduce
required parking spaces from 77 spaces to 5 spaces; 7) permit reduction in
landscape buffer from 15 feet to 7.5 feet on Gulf-to-Bay Boulevard; and 8) permit a
reduction in landscape buffer from 1 5 feet to zero feet on Fernwood Avenue as part
of a Comprehensive Infill Redevelopment Project at Sec. 18-29-16, M&B 24.07.
FL 01-01-03
ACTION - CONTINUED TO APRIL 17, 2001 - 6:0
acd0301
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03/20/01
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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,
March 20,2001, beginning at 1:00 p.m., in the City Commission Chambers, in City Hall, 3rd floor, 112 South
Osceola A venue, Clearwater, Florida, to consider the following requests:
1. (cont. from 02/20/01) Thanh Phuoc & Kimtruc Thi Nl?:uyen are requesting a flexible development approval
of a nightclub within the Commercial District, with a redeuction in the required number of parking spaces from
20 spaces to 18 spaces, as a Comprehensive Infill Redevelopment Project with Comprehensive Landscape
Program at 3006 Gulf-to-Bay Blvd., Bay View City Sub, Blk 8, Lots 8, 9, 10 & 1/2 of vac alley on N less Rd.
right-of-way on S. FL 00-08-33
2. Ernest H. McDowell is requesting a flexible development approval to reduce the rear setback from 25 ft to 5
ft, as part of a Residential Infill Project at 42 Midway Islands, Island Estates of Clearwater Unit 3, Lot 8. FL
01-01-02
3. Luverne M. Loken, TRE (United Bank and Trust Company) are requesting a flexible development approval
to reduce the front (south) setback along Sharkey Rd. from 25 ft to 5 ft, reduce the front (west) setback along
Belcher Rd. from 25 ft to 15 ft, reduce the front (north) setback along Northeast Coachman Rd. from 25 ft to 15
ft, permit parking within the Institutional District and to increase the area of a retail sales and service use from
10% (1,433 sq ft) to 18 % (2,500 sq ft) in the Office District, as part of a Comprehensive Infill Redevelopment
Project at 601 N. Belcher Rd., Sec. 07-29-16, M&B 32.031. FL 01-01-04
4. Clearwater Retail Group are requesting an amendment to a previouslly approved Certified Site Plan
(Sunshine Mall) that authorizes a change of use for undeveloped parcels (from commercial to multi-family)
totalling 155 unit apartment complex and 15,602 sq ft of existing commercial use at 1100 S. Missouri Ave., Sec.
15-29-15, M&B 34.01 and Sec. 22-29-15, M&B's 21.12 & 21.13. FL 01-01-05
5. Dayton Andrews, Inc. are requesting a flexible development approval to permit vehicle sales and display in
the Commercial District with the following requests as part of a Comprehensive Infill Redevelopment Project: 1)
To reduce the lot area from 40,000 sq ft to 32,929 sq ft; 2) To reduce the lot width from 200 ft to 100 ft; 3) To
permit vehicle display within the required front setbacks along Gulf to Bay Blvd. and Fernwood Ave. (Flexible
Standard Development criteria - Section 2-704 T3); 4) To permit vehicle sales and display on a lot contiguous to
property designated as residential in the zoning atlas; 5) To permit vehicle sales and display on a lot with less
than 7,000 sq ft of enclosed building (Flexible Standard Development criteria - Section 2-703 Tl); 6) To permit
vehicle sales and display outside of an enclosed building (Flexible Development criteria - Section 2.704 R3); 7)
To reduce in required parking spaces from 77 spaces (2.5 spaces/lOOO sq ft of land area) to 4 spaces; 8) To
permit a reduction in landscape buffer from 15 ft to 7.5 ft on Gulf to Bay Blvd; and 9) To permit a reduction in
landscape buffer from 15 ft to zero ft on Fernwood Ave. at 2394 Gulf to Bay Blvd., Sec. 18-29-16, M&B
24.07. FL 01-01-03
6. Bav View Hotel, Inc. (Fred & Vivian Whalen) are requesting a flexible development approval to permit
direct access onto an arterial road (Edgewater Dr.) with a reduction in front setback along Edgewater Dr. from
25 ft to 10 ft, and reduction in north and east side setbacks from 10 ft to 5 ft, as a Comprehensive Infill
Redevelopment Project with Comprehensive Landscape Program at 1919 Edl?:ewater Dr., Sunset Point and
Replat, Lot 2 & 3 less Rd & Blk A, part of Lot 5. FL 00-12-63
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.
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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 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 A V AILABLE IN THE CITY CLERK DEPT. ANY
PERSON WITH A DISABILITY REQUIRING REASONABLE ACCOMMODATION IN ORDER TO
PARTICIPATE IN THIS MEETING SHOULD CALL THE CITY CLERK DEPT WITH THEIR
REQUEST AT (727) 562-4090.
Ad: 03/03/01
4:15 p.m.
Case: FLS 00-11-75 -tl Bayway Boulevard e
Owner: Va1entinos Koumoulidis
Applicant: Trigg Skipper
Location: 0.177 acres located on the north side of Bayway Boulevard, approximately 300 feet east
of South Gulfview Boulevard.
Atlas Page: 285A.
Zoning: T, Tourist District.
Request: Flexible Standard approval to permit a new nightclub.
Proposed Use: A 1,500 square foot nightclub with existing apartments on the upper floor.
Presenter: W. Ryan Givens, Planner.
The DRC reviewed this application with the following comments:
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4:30 p.m. Case: FL 01-01-03 - 2394 Gulf to Bay Boulevard
Owner/Applicant: Dayton Andrews, Inc.
Location: 0.71 acres located on the northeast comer of Gulf to Bay Boulevard and Femwood
A venue
Atlas Page: 290A
Zoning: C, Commercial District.
Request: Flexible Development approval to allow vehicle sales and display in the Commercial
District with a Comprehensive Landscape Program, with the following requests as part of a
Comprehensive Infill Redevelopment Project:
1. A reduction in lot area from 40,000 square feet to 32,929 square feet;
2. A reduction in lot width from 200 feet to 100 feet;
3. A reduction in front (south) setback from 25 feet to 7.5 feet for vehicle display;
4. To allow vehicle display within the required front setback (Flexible Standard Development criteria -
Section 2-704 T3);
5. To allow vehicle sales and display on a lot contiguous to property designated as residential in the
zoning atlas;
6. To allow vehicle sales and display on a lot with less than 7,000 square feet of enclosed building
(Flexible Standard Development criteria- Section 2-703 Tl);
7. To allow vehicle sales and display outside of an enclosed building (Flexible Development criteria -
Section 2-704 R3); and
8. A reduction in required parking spaces from 77 spaces (2.5 spaces/lOOO square feet of land area) to 4
spaces.
9. To permit a reduction in landscape buffer from xx feet to zero feet.
Proposed Use: Vehicle sales and display in the Commercial District
Presenter: Mark T. Parry, Planner.
The DRC reviewed this application with the following comments:
1) The dumpster needs to be out of the right of way and enclosed; should consolidate all dumpsters in one location
and enclose them all;
2) Correct the address on the application and site plans;
3) Need 15 landscape buffer along gulf to bay and 10 feet on buffer with tiered effect
4) Need 4-foot sidewalk on femwood with utility relocation at owner's expense
5) All parking needs to be dimensioned and meet city standards with handicap spaces
6) Show circulation on site with arrows
7) Hatch or shade display area
8) Show shared access agreement between this site and Sweetwater's restaurant or provide full landscape buffer
along the east property line;
9) Need fdot driveway removal permit along gulf to bay boulevard prior to any building permit;
10) Better address the infill criteria
DRC action agenda - 02/15/01 - Page 6
11) Add bar scale to all plans I
12) Add data table with required and pr posed parking spaces
13) Add size and species of all landscape material
14) Need official records book and page number of all ex. Utility easements
15) Provide existing and proposed ISR
16) Provide existing property value and post improvement property value
17) All signs to be brought into conformance with code - provide dimensions and details;
18) List specifics of how property will be upgraded
19) Need parking study to defend parking reduction
20) Close curb cut on the south end of site along femwood
21) Clarify improvements to building
22) Upgrade look of building, including sloped roof
23) Provide building elevations directions
24) Provide irrigation plan and/or notes
25) 15 sets of revised site plans including signed/sealed surveys are required by February 20,2001 in order to be
scheduled for review by the CDB at its March 20, 2001 meeting.
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agenda 02-15-0J.doc
DRC action agenda - 02/15/01 - Page 7
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522 Edenville Avenue
Clearwater, FL 33764
March 9, 2001
Mr. Mark Pany
City of Clearwater
Community Development Board
P.O. Box 4748
Clearwater, FL 33758-4748
Dear Mr. Parry:
W1
We are opposed to granting a zoning change for Dayton Andrews, Inc. Our first objection is to
item four in the request. This is not in keeping with stated commitments of the City of Clearwater to
prevent iDfiinpment of commercial operations on the residences in the neighborhood. These residences
would obviously be nesatively impacted by having a business adjacent to them with its accompanying
noise and disruption without an ICCeptable buffer zone.
The second objection deal. with items 8 and 9. This is in direct contrast to the beautification plan
that wu adopted by the City and is stilJ in the process of completion. This reduction (really elimination) of
a landscape buffer would be done to the detriment of the entire Clearwater City community.
Therefore, we respectfully request that the application of Dayton Andrews, Inc. for a zoning
change be denied.
. ;,f'iq It; ...
;jJIlCil
"?\<<r'
/)
~. ,,;Sincerely, 21
. / / 7'. 1
/Y~-L,,"/ .~ ~
Howar~er & Carol T. Andorfer
'.1..
I q Ifli
.),
r~Af
I'
.
1/<<10411 A. ~hn~Y\ .)J.. CS~.
q I ( Ches+nu+ $5+,
CJ ectn,c.n./-*er) f7L ~31S'1
OYSTER BAR OF CLEARWATER IN
2400 GULF TO BAY BLVD
CLEARW(.~ TER FL
3~-)765 4309
ROPHI '"
ROPH
C/O
990
ATLA
990
-:!::f'1-:!::'?R r.;.r.;.10
WESTERN AUTO SUPPLY CO
C/O ADVANCE STORES CO
TAX DEPT
PO BOX 2710
ROANOKE VA ~;P-l()()1 - c}'7 ( D
'?Ar't()1 ':>71 r't
CLE
GULF TO BAY M/H PARK
PARTNr::RSf-"! I P
8500 UU1ERTON RD
LP,RGO FL
33771 3842
LOKEY OLDSMOBILE INC
2339 GULF TO BAY BLVD
CLEARWATER FL
3:3l65 4.102
TWIN LAKES INC
24.19 GULF TO BAY BLVD
CLEARWATER FL
33765 4356
ANCIL, RUTH tvl
518 EDENVILLE AVE
CLEARWA TEF~ FL
33764 6336
FilE
\ q\
rnP
.
~ .3 q '-I &- i-u ~"'-l (3 ~.~
fL 61-0/ -03 CDB Lf-/7-o I
ILfS l UJ KJ qF)
ROPH I [:" ALAN
FWPHIE" RALPH
C/O COHEN" JEFFREY J.
990 HAMMOND DR NE STE 990
~~:~:~~T~ ~ ~~~ 363d-&.,. 56;1/
ROPHIE
ROPH I ,
C/O C E
990 ~
ATLANTA GA
990
-:!::f....Z00 h t:::: 1 0
SATURN CLEARWATER INC
2336 GULF TO BAY BLVD
CLEAR(i.JA TER FL
3~37 65 4103
DAYTON ANDREWS INC
2388 GULF TO BAY BLVD
CLEARWATER FL
33765 4.1.03
./
RO
ALLEY. REHBAUM & CAPES
ASSURANCE INC
2433 GULF TO BAY BLVD
CLEAR\.vATER FL
33765 4323
DOBRICIC. RADMILA
2431 GULF TO BAY BLVD
CLEARWATER FL.
:3::Sl65 4310
ANDORFER. HOWARD W JR
ANDORFER" CAROL T
301 WOODHOLLOW RD
PO BOX 32
GREAT RIVER NV
11 7~9 C'I():~?
.- c-. :1 r.r":~-
I i I! i \,
./':=:_~-----l ! "
,! ~
I( I !
3 I; l~j
....__J
, .' .:')~ ,- ~.JT
.
e
GORHAM. OLGA L
GLEHN, EUNICE E
600 EDENVILLE AVE
CLEARWATER FL
33764 6338
CLEARWATER UNDERWRITERS
2433 GULF TO BAY BLVD
CLEARWATER FL
33765 4323
CAPES
CAPES
AY BLVD
243
BL.VD
CU:, E
33765 4:523
BLISS, KRISTI L
301 KIL.l"iER AVE
CLEAR(.I.IATER FL
33765 4335
ROSS. 1^!ANDA J
2442 SHEL.LEY ST
CLEARWA TE~R FL
33765 4341
BOUNSENGSAY. KHAMTHOUL
BOUNSEHGSAY, PHANSEY
311 KIL.MER AVE
CLEAR(.I.IATER FL.
33765 4335
GROW ,. THOM(.~S M
1967 VALL.EY DR
DUNED I N Fl_
34698
FORMELIO. BRIAN
212 KIL.MER AVE
CLEARWATER FL
33765 4332
FORMELIO, JAt'iES
Fom1EL 10, t1ARY
216 K I L,MER AYE
CLEAR~\!ATER FL.
~53765 4332
HENNIGER, KENT S
3000 MERRILL AYE
CLEARWA TER FL.
33759 3429
EDGERTON, JON F
300 KILt'iER AYE
CLEARWATER FL
33765 4334
SOUTHALL, IAN B
306 KILMER AVE
CLEAR~~A TER FL.
33765 4334
THOMf~S" OWEH A
THm1AS " NA VET
310 KILMER AVE
CLEARWATER FL
33765 4334
PIHA. (.I.IILFRED D
PINr-l, MURIEI_ A
2408 SHELLEY ST
CL.EARWATER FL
33765 4339
RHODUS, DEANH M
2404 SHELL.EY ST
CLEARWATER FL
337'65 4339
GARCIA, LINDA
2400 SHELLEY ST
CLE:r~RWATER FL
33765 4339
DAVIS FAMILY TRUST
1217 PONCE DE LEON BLVD
CL_E{)j;~I,.,!ATER FL
2~37,56.
HOLMAN. ROBERT L
HOLt'iAN. SUSAl'.! t1
956 WINDING OAKS DR
PALM Hrlr;~BOR FI_
34683 6647
t'ilLLS. F\ ED~~AFW
MILLS, MARGARET J
217 EVEL Yr~ AVE
CLEARWATER FL
33765 4306
ALONZO, GUSTAVa
ALONZO, MARIA R
213 EYELYN AVE
CLEARWATER FL
33765 4306
,JOYCE" DAV I 0 D
JO'y'CE, l_ I SA L
209 EVELYH AYE
CLEARWATEr~ FL
33765 4306
BORGAN, BARBARA L
205 EVEL.YN AYE
CLEARWATER FL
33765 4306
FISK. DURWOOD & GLADYS TRUS
BANK OF AMERrCA-RPMC~9913605
PO BOX 830155
DAL.LAS TX
7528;5 01.5,:;,
GARDESKI, ROBERT
PELESCAK, DONNA
115 EVELYt'-! AVE
CLEARlAlATER FL
337'65 4304
STROUSE, NORMA F~
200 EVELYN AVE
CLEARWATER FL
337'65 4305
HOHIMER, DAVID E
HOH I MER, MARY K.
208 EVEL.Yt~ (iVE
CLEARWATER FL.
337'65 4305
JOHNSON, SCOTT M
JOHNSON, KATIE L.
216 EVEL.YN AVE
CL.EAR\.~ATER FL.
337'65 4305
CALVERT, JASON K
CALVERT, ASHLEY L.
304 EVEL.YN ~WE
CL.EAR(.I,IATER FL.
337'65 4307'
IGINAL
BLVD
AREr~CE L
337'
RICHMOND, KENNETH A
RICHMOND, KATHY A
301 S FERNWOOD AVE
CL.EARlAIATER FL.
337'65 4210
TARANTULA, PATRICIA E
4415 BLACK FOREST WAY
GAINESVILLE FL
32605 1623
DOL.E. LAWRENCE H
211 S FERNWOOD AVE
CLEARWATER FL
~33765 4208
STELLMACH, LEILA
117 S FERNWOOD AVE
CLEARWATER FL
3~S7 65 4206
SIDLOW. CHARLES
216 S FERNWOOD AVE
CLEARWATER FL
33765 4207
.
e
GAL.IOTO, TRACI
116 EVEL.YN AVE
CL.E{iRWATER FL.
:)3765 430~3
WATSON" RANDY R
204 EVELYN AVE
CLEARWATER FL
337,~,5 4:::;0.::,
lA100D" MICHAEL L
21.2 EVEL Yt,1 AVE
CLEARlAlA TER FL
33765 4:305
PATTON. LAWRENCE D
PA TTON. Dr4(.1,1N t_
300 EVELYN AVE:
CL.Et0,R\.I,IATER FL
337 65 4~507
THOMAS, I'I/A J
308 E\i'EL YN ,tjVE
CLEARWATER FL
3~S765 4307
YOUNGBLOOD. CLARENCE L.
1270 BUR I"i r4 AVE
CLEARW~HER FL.
33764 5020
TOKARSK. r, .]AN
TOK.ARSK I" ZOF I t0r
92 COMMONWEAL.TH AVE
PISCr4TA~\!AY t~<J
0885,4:~,428
HARKINS, DEBRA A
225 S FERNWOOD AVE
Ct_EARliJATER FL
33765 4208
CARROLL. ROBERT J
CARROL.L." BETH A
950 PINE HILL. RD
PALM Hr4RBOR FL
34683 3013
BIXBY, HELENE M
201 S FERNWOOD AVE
CLEAR(.I,IATER FL
337'65 4208
NICHOLSON. ANNE D
870 VIRGINIA ST I 316
DUNEDIN FL
34698 6742
ANCEL., GERARD A
2:384 CH~~UCER ST
CLEARWATER FL
337'65 4203
.
e
FRONCZAK. STEPHANIA
5337 CHARLOTTE AVE ~ B2
NEW PORT RICHEY FL
34652 3449
MURPHY. CANDICE A TRUST
CIO MURPHY. R E JR TRE
8508 SW 1ST PL.
GAH~ESVIL.LE FL
32607 1425
AVERBECK, ROGER J
ARDES" SHANNON
2371 CHAUCER ST
CLEAR~\IATER FL
33765 4204
PEKARCIK, FRANTISEK
237"7 CHAUCER ST
CLEARWATER FL.
:33765 4204
VENTOURIS ,. JAMES
VENTOURIS. THERESA
4328 AUSTON (h)AY
PALM HARBOR FL
34685 4017
SPAULDING. NICOLE
300 S FERNWOOD AVE
CL.EAR~Jt~TER FL
3~3765 4209
MORRISON. HOLLY M
L.AMKIN. DOUGLAS T
310 FERN\hJOOD AVE
CL.EAm~ATER FL
33765 4209
NICHOLS.. PETER G
237'7 WHIn1At~ ST
CLEARWATER FL
33765 4243
AUDET, REAL J
AUDET. SIDNIE C
6 BAUSCH LN
CHITTENDEN VT
05737 9877
WATERHOUSE. RICHARD A
WATERHOUSE" CHRISTINA A
2375 ~JHITM(~N ST
CL_E:AR\.\'A TER FL
3.3765 4243
SCHLEIT, DAVID C
20 BOUTILIERS GROVE
DARTMOUTH NS B2X 2W1
CANADA
RICHERT. CARROLL L TRE
RICHERT" WILMA R TRE
162 COL.UMBUS RD
t10UNT VERNot~ OH
43050 40:39
BOWER. BARBARA A
2347 CHAUCER ST
CLEAR~JA TER Fl.
::5:5765 4204
SANKNER~ STEPHEN C
SM~Kt,!EJ<. MAR lEE
2351 CHAUCER ST
CL.EAml)(4TER FL
::53.,65 4204
PLANTE, RENEE L.
2359 CHAUCER ST
CLEARWATER FL.
33765 4204
AL.DR I CH" DI~L.E J
ALDRICH" DEBORAH L
2365 CHAUCER ST
CLEAR\.\IATER FL.
33.,65 4204
.
MC FARL.AND" DONAL.D 0 TRE
FLAWS. MAGNUS JR TRE
LOKEY, EARLE B_ TRUST
POBOX 8510
CLEARWATER FL 3~7sg'- ~SIO
-:>.;;::t:7SP pr:,1f'!
TER INC
Y BL.VD
CLE
.
.
.
WATER INC
BAY BL.VD
FL
.
L.OKEY OLDSMOBILE
233~'" F-' BAY
CL.E \hJ FL
337 '"
INC
BLVD
SOUTHTRUST BANK 9511
WEST FLORIDA MKT-PROP MGMT
C/O MCNAMARA ASSSOCIATES
2000 C SHAKE RAG HILL.
~~~~~T~~~<C1 CITY GA 302.loCf-33C,,/
SHELLEY GARDENS CONDO ASSN
2366 SHELL.EY ST
CL.EARWATER FL.
:53765 4257
.
.
.
.
.
.
.
HONDRAS, CHARL.ES
HONDRAS, JUANITA
116 VIEW ST
DR~lCLJT MA
01826 5646
NOWAK, KAY F
2770 MEADOW GATE WAY
L.OG{-lNV I L.L.E GA
30052 4978
.
.
KNAPP. JOHN A ,1R
32 MEADOWBROOK RD
SHERBORN MA
Ol770 1317
.
e
BRUMMITT. MALCOLM
BRUMMITT. JOSEPH M JR
2366 SHELLEY ST ~ 4
CLEAR\.\IA TER FI_
33765 4257
SANBORN. SARAH F
2366 SHELLEY ST f 5
CLEARWATER FL
33765 4257
KNAPP. JOHN A .]R
2 t1EADOWBFWOK RD
SHERBORN MA
01770 1::n 7
RADOSAVLJEVIC. ANA
2366 SHELLEY ST f 7
CLEARWA TER FL.
33765 4257
HAYNES. CHARLES S
560 THORNHILL DR f 112
C(~ROL STREAM IL
60188 271~;
MIRANDA. JOSE
MIRANDA. SUE E
2366 SHELLEY ST I 9
CLEARWATER FL.
33765 4257
HORSMA~~. JOHN (~I
HORSMAN. SHIRLEY E
LOT 7 CON6 SUNNIDALE RR1
NEW L.OWEL.L. ON L.OM 1NO
CANADA
BLACKLEY, FRANK M
BLACKLEY, HELEN B
118 URBAN DR
CARY NC
27511 3534
SIGNS. GEORGE 1_
SH:;t~S. PAt"lELA M
10127 SEYMOUR AVE
SCHILLER PARK IL
60176 1809
HANRAHAN. CORNELIUS
PO BOX 5
MAHOPPtr.:; FALL.S NY
105042 0005
GAZDZIK. BRUNO
ZDANOWICZ. BARBARA
6029 N MASON AVE
CHICAGO IL.
60646 3905
FAIST. "HLLIAM R
FAIST. PHYL.LIS J
2366 SHELLY ST I 16
CL.EAF<~WATER FL
33765 42.507
SHELLEY GARDENS UNIT 2
CONDO ASSOCIATION
2353 SHELL.EY ST f 7
CL.EARWATER FL
33765 4244
CHAROCOPOS. EVANGELOS
CHAROCOPOS. EL.EFTHERIA
2 NEAPOLITAN DR
SCARBOROUGH ON M1P 48
CANADA
LAWLESS, BERNARD J
610 HAWTHORN DR
DOVER OH
44622
PIDGEON. MARGARET A
2353 SHELLEY ST f 3
(~L_EAR(I\IA TER FL.
32;765 4233
ANTOKAS. JOHN
AtHOKAS. r.\t1AL.I A
47 HIGHLA~m RO
GLEN COVE t~Y
11542 2624
ANTONIADES. GEORGE
AtHmUADES. t1AFN
1551 OHIO AVE
PAU1 HARBOF<~ FL.
34683 4635
KIPRIADIS. PETER
KIPRIADIS. MARIE
2353 SHELLEY ST f 6
CLEARWATER FL.
33765
GARRETT. FRANK A
2353 SHELLEY ST f 7
CLE~~RWA TER FL
33765 423:3
KANEY. TERRENCE J
59 BAKER CT
L.ACKAWANNA NY
14218 1719
HASNV. A~1EF?A
2353 SHELLEY ST f 9
CL.EARIAlATER FL
3:5765 4244
e
e
KANE, JOHN 0
KANE, MARY A
70 MAPLEPORT CRES
E 10 RR tH
SAUBLE BCH ON NOH 2GO
f"'~f"\^
S" GEORGE f<
S . ~'jARY
HAVE
f~RBOR FL
4635
PHILIPPOU, PHILIPPOS
PHILIPPOU, JOANNA
64 REVL.IS CRES
SCARBOROUGH ON M1V 1E9
CANADA
u- 'Z
1'1' ,}
SCHWARZ, BEGNNER M
SCHWARZ. CL.AUDIA Y
1520 ALBEMARL.E CT
DUt'-J.EDIN FL.
34698 2321
SCHWARZ. BEGNNER M
SCH,^I~. _A J Y
l::"" . - (".'
~~;;~ .," ~LA . ", r
30::.1698 2:321
PIDGEON, PEGGY
2353 SHEL.lEY ST #' 16
CLEARWATER Fl
33765 4233
KOR08AREV, EL.ANA
KOROBAREV. SmH A
76 BANFF RD
TORONTO ON M4S 2V5
CANADA
GONZALEZ, YOLANDA M
31 BLAIR L.N
WEST SENECA NY
14224 3655
DOUGLAS. ISABEL E
10 BAKER ST #'7
WASAGA BEACH ON LOL 2P
CANADA
DETHERS, CATHERINE M
659 CRESCENT AVE
BUFFALO NY
14216 3413
RYDER, ,JOHN
2353 SHEL.lEY RD #' 21
CLEARW{HER FL
33765 4233
HOLDREN, EVERETT P
GUNNER. KATHLEEN
250 TUDOR BLVD
WEST SENECA NY
14220
CLE
33765 4233
PHILIPPOU, PHILIPPOS
PHIL~.P ,.] 'H~A
64F .. S SENT
SCFlR I ~~ ~11 V 1E9
CANADA
7
,.'
GUESNO. DOLORES ESl
10 KRISTIN CT
BAY SHORE NY
11706 4000
HOLDREN, EVERETT P
HOLDREN. JOANNE A
250 TI..JDOF,: BLVD
~\JE3T SEi"'J.ECA NY
14220
FITZGERALD. LORETTA B TRE
2348 SHEL.L.EY 3T #' 3
CLEAR\,\!,~ TER FL
:~):S765 iA1251~~;
HUNTER" REI'')ISE V
HU~~TEF?, DIP,N(~ Pi
1465 CL.EVELAND ST
C:: L, E: (~I R I.,,) ,0, T E F: I::: L,
337'5.::1 5:?()(~~
MOSER" DOt-,!N{~ D
2348 SHEL.LEY ST #' 5
CL,E{~RI.I'!{l TEf~ FL.
~:;3'7t,l':) ~~~25~3
:--IOL"STNER" HEL,EN
HLJ~,jt.,!" EVEL,Y~~
116 ROSSt100RE DR
~'!EW AL,B(~NY IN
47150 4529
:{N{~PP" KATHR'i'N [vi
2348 3HEL.LEY ST #'7
CU~~AF~\"!,~TER FL
33765 4258
ARGENTO. EILEEN
FlRGENIO. LOUIS
76 PALMER ST
STA~'jFORD CT
06907 20:$4
..
e
e
RUT SKI " ANDRE\!.,I 3
5273 ELECTRIC AVE
HAMBURG NY'
14075 2980
RUTSI<. I. \IJ {I L. TEFx
Bm~~1AN., EL(.4 I rJ.E
~$7 3ESS I CA LN
DE PE: 1,1,1 NY
1404.3 4785
SCOTT, .JAMES B
62 ELMORE DR
ROCHESTER NY'
1.4606 3428
KNOTT, DONAL.D J
}<,NOTT, Mf-:,RYANN
2348 SHEL.L.EY ST I 12
CL.EARI,I,IA TER FL.
3:3765 4258
PARTRIDGE, MARY A
2348 SHEL.LEY ST I 13
CLEARI,IJA TER FL.
33765 4258
BURGER. MIL.DRED T
488 TYLER OR
NEW AU3ANY IN
47150 4437
SHELL.EY GARDENS UNIT 4
CONDO ASSOCIATION
2344 SHEL.LEY ST I 7
CLEAR~\IATER FL
33765 4232
VONDERAU. MICHAEL
VONDERAU. GREGORY
1.517 KIL.L.MALL.IE L.N
rJ.EW HAVEr" I r"
46774 2229
SANDERS, ALICE M
2344 SHELLEY ST I 2
CLEARWATER FL
33765 4200
M,~L.l_OFxY. LINDA l"j
2344 SHELLEY ST I 3
CLEARl'l'A TER FL
:33765 4200
.JONES, SHARON B
JONES, CHRISTOPHER
2344 SHELLEY ST I 4
CLEARWATER FL
337'65 4200
BEUCLER, JAMES
44 (~ARF I E],~D S'T
REVERE MA
02151 3626
KRAUT, LEO
2344 SHEL.L.EY ST I 6
CLEARWATER FL.
33765 4232
FREDIN. MILDRED I
PERKINS. CHARLOTTE L.
2344 SHELLEY ST I 7'
CL.EARWATER FL
33765 4232
PASCHAL, CLAYTON 0
2344 SHELLEY ST I 8
CLEARWATER FL
33755
URYASZ, PRZEMYSL.AW SAWALA
2344 SHELLY ST I 9
CLEAR(!.,I{i TER FL
3:3765 4231
O'DONNELL., ANN
C/o O'DONNELL, ROBERT
3745 W 76TH ST
CHICAGO IL
60652 1338
TAPANKIDIS. SOPHIA P
PROTOPOULOS. PROCOPIOS
2344 SHELLEY ST I 11
CLEARWr::\ TER FL.
33765 4231
hARTIN, MARIE l/J
2344 SHELLEY ST I 12
CLEARl!.,lA TER FL
33765 4231
AL. I, L.UZ
2344 SHELLEY ST I 13
CL.EARWATER FL
:~;3765 4212
SERAGOS-KARABETSIAN K
LAPPOS, SUSArJ. S
51 GINGERWOOD ST
KIRKLAND PO H9S 1R9
CANADA
ZISIMATOS, NICK
ZISH1ATOS, r'1ARY
466 DES ERABL.ES ST
ILE PERROT PO J7V 7R5
CANADA
CUNDIFF. 3AMES 0 SR
CUNDIFF. JUDITH A
2915 WINCHESTER RD
JEFFERSONVLLE IN
47130 5340
3'1.5" D
. 70
.j.3<6~O
cOJfv
.
This instrument was prepared by
and return to:
Timothy A. Johnson, Jr., Esquire
Johnson, Blakely, Pope, Bokor,
Ruppel & Burns, PA
P. O. Box 1368
Clearwater, FL 33757-1368
RECIPROCAL EASEMENT AGREEMENT
THIS AGREEMENT is entered into on March _, 2001, between DAYTON
ANDREWS, INC., a Florida corporation ("Andrews") and THE OYSTER BAR OF
CLEARWATER, INC., a Florida corporation ("Sweetwater's").
R E C I TAL S:
--------
A. Andrews is the owner of the real property located in Pinellas County,
Florida, described in Exhibit "A" attached hereto and incorporated herein ("Andrews
Property").
B. Sweetwater's is the owner of the real property located in Pinellas County,
Florida, described in Exhibit "B" attached hereto and incorporated herein (the
"Sweetwater's Property").
C. Andrews has requested and Sweetwater's has agreed to grant, a non-
exclusive, perpetual easement for ingress and egress over that portion of the
Sweetwater's Property that from time to time constitute driveways ("Andrews Driveway
Easement"), which easement shall benefit the Andrews Property.
D. Sweetwater's has requested and Andrews has agreed to grant, a non-
exclusive, perpetual easement for ingress and egress over the portion of the Andrews
Property that from time to time constitute driveways ("Sweetwater's Easement"), which
easement shall benefit the Sweetwater's Property.
E. The parties desire to enter into this Agreement for the purpose of
evidencing their respective rights and obligations in connection with their use and
enjoyment of the reciprocal easements granted herein.
.
.
,
NOW, THEREFORE, in consideration of the mutual covenants contained herein
and for other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the parties hereby covenant and agree as follows:
1. Recitals. The foregoing recitals are true and correct and are
incorporated herein by reference.
2. Grants of Easements.
a. Andrews Easement. Sweetwater's hereby gives, grants and
conveys to Andrews, its successors, assigns, guests and invitees, a perpetual non-
exclusive easement for vehicular and pedestrian ingress and egress over the Andrews
Easement.
b. Sweetwater's Easement. Andrews hereby gives, grants and
conveys to Sweetwater's, its successors, assigns, guests and invitees, a perpetual non-
exclusive easement for vehicular and pedestrian ingress and egress over the
Sweetwater's Easement.
3. Insurance.
a. General Public Liability Insurance. Each party shall obtain and
keep in full force and effect during the term of this Agreement, comprehensive public
general liability insurance against all hazards arising out of or in connection with the use
and enjoyment of the Easement. The comprehensive public general liability insurance
policies shall name Sweetwater's and Andrews as additional insureds (pertaining only
to the easement areas), with a single limit in an amount not less than $1,000,000.00.
The responsibility of obtaining the comprehensive public general liability insurance in
accordance with this subparagraph 3(a) and the cost and expense incurred therewith,
shall be borne by each party as to its own insurance policy.
b. General. The parties hereto may increase the limit of the insurance
coverage set forth herein or may obtain additional insurance coverages for risks or in
amounts as reasonably agreed upon by the parties hereto, other than those specified in
this Section 3, as may reasonably be required from time to time to protect against
additional exposure hereafter created by the parties' use of the easement areas or by
law. All insurance maintained by the parties hereunder shall be procured from
insurance companies rated "A" or better by Best's. Within ten (10) days after written
demand by either party hereto, the other party shall deliver to the requesting party
evidence of compliance with the insurance requirements set forth herein.
4. Indemnification. Each party hereby agrees to indemnify and hold
harmless the other party, its successors and assigns, from any loss, cost, damage or
expense including, without limitation, attorneys' fees, incurred by the other party and
-2-
.
.
.
arising from or out of the breach or default by the indemnifying party of any of the terms
or conditions hereof.
5. Reservation and Riqht in Owner. The easements granted hereby are
subject to a reservation and right in Sweetwater's and Andrews to construct and
maintain on the Sweetwater's Property and the Andrews Property, respectively, any
improvements they, in their sole and absolute discretion, deem appropriate, and to
relocate driveways on the respective properties.
6. Attorneys' Fees, Etc. Should either party employ an attorney or attorneys
to enforce any of the provisions hereof, or to protect its interest in any matter arising
hereunder, or to recover damages for the breach hereof, the party prevailing shall be
entitled to recover from the other party all reasonable costs, charges and expenses,
including attorneys' fees, the value of time charged by paralegals and/or other staff
members operating under the supervision of an attorney, and other legal costs,
expended or incurred in connection therewith, before, during and subsequent to any
litigation, including arbitration and appellate proceedings.
7. Notices. Any notice to be given to or served upon any party hereto, in
connection herewith, must be in writing, and may be given by hand delivery, facsimile,
certified mail or guaranteed overnight delivery service, return receipt requested, and
shall be deemed to have been given and received when a certified letter containing
such notice, properly addressed, with postage prepaid, is deposited in the United
States Mail or when delivered into the custody of the overnight delivery service. If given
otherwise than by certified mail or guaranteed overnight delivery service, it shall be
deemed to have been given when delivered to and received by the party to whom it is
addressed. Notices shall be given to the parties hereto at the following addresses:
FOR SWEETWATER'S:
FOR ANDREWS:
The Oyster Bar of Clearwater, Inc.
2400 Gulf-to-Bay Boulevard
Clearwater, Florida 33765
Dayton Andrews, Inc.
2388 Gulf-to-Bay Boulevard
Clearwater, Florida 33765
Either party hereto may, at any time by giving five (5) days' written notice to the other
party hereto, designate any other address in substitution of the foregoing address to
which notice shall be given and other parties to whom copies of all notices hereunder
shall be sent.
8. Scope of Easements. Sweetwater's hereby covenants with Andrews that
the Andrews Easement is free from all liens and encumbrances whatsoever, except
mortgages of record, and that Sweetwater's has good right and authority to grant the
easement. Andrews hereby covenants with Sweetwater's that the Sweetwater's
Easement is free from all liens and encumbrances whatsoever, except mortgages of
-3-
.
.
"
record, and that Andrews has good right and authority to grant the easement. The
Andrews Easement granted herein shall run with the land and shall burden and benefit
the Sweetwater's Property and the Andrews Property, respectively, and shall inure to
the benefit of Andrews, its successors and assigns in perpetuity. The Sweetwater's
Easement granted herein shall run with the land and shall burden and benefit the
Andrews Property and the Sweetwater's Property, respectively, and shall inure to the
benefit of Sweetwater's, its successors and assigns in perpetuity.
9. Taxes. All real property ad valorem taxes, assessments and other
governmental liens on the Andrews Easement shall be the obligation of Sweetwater's,
its successors and assigns, as the fee simple owner of the easement areas. All real
property ad valorem taxes, assessments and other governmental liens on the
Sweetwater's Easement shall be the obligation of Andrews, its successors and assigns,
as the fee simple owner of the easement area.
10. Modification or Amendment. This Agreement may not be modified in any
respect whatsoever, or rescinded, in whole or in part, except with the written consent of
Sweetwater's and Andrews, or their respective successors, and joined by the holders of
any recorded real estate mortgages encumbering any of the Sweetwater's Property or
the Andrews Property, in a written instrument duly recorded in the Public Records of
Pinellas County, Florida.
11. Governinq Law. This Agreement shall be construed, governed,
interpreted and enforced in accordance with the laws of the State of Florida.
IN WITNESS WHEREOF, the undersigned have executed this Agreement as of
the day and year first above written.
WITNESSES:
DAYTON ANDREWS, INC., a
Florida corporation
Signature
By:
Dayton T. Andrews, President
(Corporate Seal)
Print name
Address:
2388 Gulf-to-Bay Blvd.
Clearwater, FL 33765
Signature
Print name
-4-
.
Signature
Print name
Signature
Print name
STATE OF FLORIDA
COUNTY OF PINELLAS )
.
THE OYSTER BAR OF CLEARWATER,
INC., a Florida corporation
By:
Albert R. Gaskill, President
(Corporate Seal)
Address:
2400 Gulf-to-Bay Blvd.
Clearwater, FL 33765
The foregoing instrument was acknowledged before me this _ day of March,
2001 by Dayton 1. Andrews, as President of DAYTON ANDREWS, INC., a Florida
corporation, on behalf of said corporation. He [is personally known to me] [has
produced as identification].
Notary Public
Print name
My commission expires:
-5-
.
.
STATE OF FLORIDA )
COUNTY OF PINELLAS )
The foregoing instrument was acknowledged before me this _ day of March,
2001, by Albert R. Gaskill, as President of THE OYSTER BAR OF CLEARWATER,
INC., a Florida corporation, on behalf of said corporation. He [is personally known to
me] [has produced as identification].
Notary Public
Print name
My commission expires:
Exhibit "A" - Andrews Property
Exhibit "B" - Sweetwater's Property
03/13/0111:05AM d-1
41033.101650
#235025 v1 - Dayton Andrews/Reciprocal Esmt
-6-
.
.
EXHIBIT "A"
From the SW corner of Lot 1 of Gulf to Bay Estates, Unit 1 (See Plat Book 57, Page 24,
Public Records of Pinellas County, Florida) as a Point of Beginning, run South
88057'47" East, 100 feet to the SE corner of said Lot 1; thence run South 1002'13"
West, along the East line of the SE ~ of the NW ~ of Section 18, Township 29 South,
Range 16 East 267.00 feet; thence run North 89040'55" West; along the North right-of-
way line of Gulf-to-Bay Boulevard (said line being 50 feet N'ly of the East-West center
line of said Section 18) 100.01 feet; thence run North 1002'13" East along the East line
of the 60 foot right-of-way of Fernwood Avenue, 268.25 feet to the Point of Beginning.
.
.
EXHIBIT "B"
A t:ract of land. in th~ SQut.h half of S~cticn 18, '1'ownahip 29 So~thf
Rang~ ~6 Ea.t, and mora p.rt~cu1arly deecribed aa fellcw.:
E8gin ~t: t.he Sout.h'-Il!!Iet cOrtler ot ehe NE 1/4 ot S~ceion 19 I 'l'cwnahip
29 South, R~9~ 15 East; run th~ce S 83 deg~eee, 40'SS~ ~., along
tpe Eaat~~eat centerline of a~id Section lB. 200.00 !eett the.~~ H
1 d8gr:O 02'13- E., 330.02 feet. to the south line of Gull tc Say
Acre~ 18t Addition as r8corde~ in ~lae ~ook 52. PagB 55, c~ ~ha
~ublic ae~~~ of ~inell~~ cou~ty, flcria~: ~henC8 N B9 degrees,
41'1$" WI' along the So~th line of .ai~ Gulf to Bay Acrea let
Add1ticn: 200.00 feet ~c th= North-SOuth centerline of said S~~t:1.cn
18; thence S 1 Qegres O~'13. W" along the North-SQuth c~nter11ne
o! said S4ct1Qn 18 330.00 !e$C to the Point of Seg1nning, less the
south 50. a teet c! road risht:. of WSYI lying in and b=ing in
Pinellas count:.y, Florida I
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Printed from Mdc1296.doc (20-Mav-99)
~================================'~=====
C7. Dayton Andrews, Inc. for a setback variance of 10.45 ft to allow a
propo~~d building 14.55 ft from the Shelly St. right-of-way where a
;11inimum setback of 25 ft is required at ~~_~';Ba~_~Sec 18-29-
16, M&B 24.06 together with Gulf to B Estates, Unit 3, Lots 594-597,
zoned CG (General Commercial).
"Dc A 'is
I~/ta-!(.
Mr. Richter presented background information and written staff
recommendations. He stated the applicant wishes to construct a new
building toward the rear of an existing auto dealership property. He
noted an opportunity exists to improve landscaping in the unpaved areas
around the entire property perimeter. Staff felt conditions support the
request and recommended approval with five conditions. In response to a
question, it was indicated required Development Review Committee site plan
review has not been conducted.
Bill Adams, construction contractor, spoke on behalf of the applicant
He agrees with staff's recommended conditions. He said several of the
conditions were imposed by the Planning and Zoning Board when they
approved a conditional use permit for this building. He reported the
landscaping package includes a plan to improve the area around the old oak
tree.
Member Johnson moved to grant the variance(s) as requested because
the applicant has substantially met all of the standards for approval as
listed in Section 45.24 of the Land Development Code, subject to the
following conditions: 1) These variances are based on the variance
application and documents submitted by the applicant, including maps,
plans, surveys, and other documents submitted in support of the
applicant's variance request. Deviation from any of the above documents
submitted in support of the variance request regarding the work to be done
with regard" to the site or any physical structure located on the site,
will resul~in these variances being null and of no effect; 2) The
requisite building permit(s) shall be obtained within one year from the
date of this public hearing; 3) The applicant shall landscape the
permeable areas around the perimeter of this property. A landscape plan
shall be submitted to the City Environmental Official for review and
approval, prior to installation. No Certificate of Occupancy shall be
issued for the new building until landscaping is installed in accordance
with the plan; 4) There shall be no outdoor speakers; and 5) All site
lighting shall be equipped with a 900 cutoff mechanism, with the light
being directed downward and away from adjoining residential properties and
street rights-of-way. The motion was duly seconded and carried
unanimously.
Printed from Mpz11a96.doc (24-Mav-99)
~================================'4It======
C3. (Cont. from 10/1/96) Dayton Andrews, Inc. To permit vehicle service
expan~ion of existing facilities) at ~va;,~'XBIY~" Gulf to Bay
Estates, Lots 594-597 and Sec 18-29-16, M&B 24.06, zoned CG (General
Commercial) .
t-''tL 1I/~/qv> .
Ms. Glatthorn presented written background information, stating this
application was continued for the applicant to submit a revised plan
showing the proposed new building in a different location on the northeast
corner of the site, and to address staff concerns about the new location.
The City Traffic Engineer reviewed the revised plan and made three
recommendations. Staff felt conditions support the request and
recommended approval with four conditions. In response to questions, it
was indicated a condition prohibiting outdoor speakers is standard when a
commercial area abuts residential properties. Five additional handicapped
parking spaces are needed for code compliance.
Bill Adams, representing the applicant, said the proposal has been
expanded to 5,340 square feet. He said the recommended conditions are
acceptable. Board members felt additional exterior landscaping is
desirable.
~ .
No verbal or written support or opposition was expressed.
Member Bickerstaffe moved to approve Item C3, CU 96-51, subject to
the following conditions: 1) The applicant shall obtain the requisite
building permit, certificate of occupancy and occupational license within
six months from the date of this public hearing; 2) All site lighting
shall be equipped with a 900 cutoff mechanism, with the light being
directed downward and away from adjoining residential properties and
street rights-of-way prior to issuance of the requisite occupational
license; 3) Subject to approval by the Traffic Engineer, the plan shall be
revised to include five additional handicapped parking spaces; and the "
motorcycle and compact parking" note shall be removed from the plan; 4)
There shall be no outdoor speakers (existing or proposed) for the entire
site; and 5) Ext~rior landscaping shall be installed along Shelly Street,
in accordance with City Code. The motion was duly seconded and carried
unanimously.
Printe'd from mdcl197.doc (09-Ja.. '8)
~'=================================' =====
C7. Dayton Andrews, Inc. for a setback variance of 20.42 ft to allow an
a,uto l~mp 4.58 ft from the Gulf-to-Bay Blvd. right-of-way where a minimum
setback of 25 ft is required at __.~t~.:1l.JJfl):;> Sec 18-29-16, M&B
24.06, together with~~t-t~-Bay Estates Unit 3, Lots 594-597, zoned CG (
General Commercial)~~~~~~
bc:.A'!S
11/13/'17.
Mr. Richter presented background information and written staff
recommendations, stating the applicant uses a vehicle display structure
currently located 4.58 feet from the right-of-way within the Gulf-to-Bay
Boulevard setback. Concerns were expressed the structure presents an
unattractive, stark appearance, and poses a safety hazard by diminishing
visibility for motorists leaving the site. Staff recommended moving the
structure back ten feet from the right-of-way, providing skirting to
screen the under structure, and installing low shrubs to soften its
appearance. Staff recommended approval with six conditions.
Bill Adams, construction contractor representing the applicant, said such
display ramps are common at auto dealerships. The applicant plans to
landscape along the right-of-way in front of the ramp in conjunction with
construction in the rear for which variances were previously obtained. He
stated additional landscaping would be difficult because the are beneath
the ramp is totally paved. He did not feel the ramp obstructs view any
more than the automobiles displayed for sale in the area. He submitted a
photograph of conditions on the property along the right-of-way, noting
the view of the ramp is obscured by a sign. He felt the owner might
object to mo~ing the ramp back to ten feet from the right-of-way.
Discussion ensued regarding use of the ramp for automobile storage and
display. One member suggested allowing adequate time to resolve various
issues associated with the request, and time frames were discussed.
No verbal or written support or opposition was expressed.
Member Jonnatti moved to grant the variance as requested because the
applicant has substantially met all of the standards for approval as
listed in Section 45.24 of the Land Development Code, subject to the
following cenditions: 1) This variance is based on the application for a
variance and documents submitted by the applicant, including maps, plans,
surveys, anp other documents submitted in support of the applicant's
request for a variance. Deviation from any of the above documents
submitted in support of the request for a variance regarding the work to
be done with regard to the site or any physical structure located on the
site, will result in this variance being null and of no effect; 2) The
requisite building permit(s) shall be obtained within 30 days from the
date of this public hearing; 3) The structure shall be relocated within 90
days to provide a minimum 10 foot setback from the Gulf-to-Bay Boulevard
right-of-way; 4) Within 90 days, the structure shall be outfitted with
skirting that is complementary to the structure's appearance; 5) Within 90
days, paving shall be removed from in front of the structure to provide a
permeable strip for landscaping which measure at least 10 feet in width;
and 6) Within 120 days, landscaping shall be installed in the
aforementioned 10 foot strip to provide 100 percent coverage. The buffer
shall consist of shrubs at least 18 inches in height at the time of
planting. Prior to installation, a landscape plan shall be submitted to
the City's Environmental Official and shall be subject to approval by the
Official. Failure to maintain the buffer in a healthy condition shall
void the variance. The motion was duly seconded. Members, Schwob, Johnson,
Jonnatti and Stuart voted "Aye;" Member Gans voted "Nay." Motion carried.
..
. .
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Fierce, Lisa
From:
Sent:
To:
Cc:
Subject:
Doherty, Geri
Monday, November 15, 1999 8:05 AM
Stone, Ralph
Hardin, Cyndi; Fierce, Lisa; Kronschnabl, Jeff
RE: Dayton Andrews Code Violation
Thanks, Ralph. I'll let you know when I hear back from Tim Johnson.
-----Original Message-----
From: Stone, Ralph
Sent: Friday, November 12, 1999 5:05 PM
To: Doherty, Geri
Cc: Hardin, Cyndi
Subject: RE: Dayton Andrews Code Violation
either me or cyndi whoever is avail; lisa fierce should sit in also
-----Original Message-----
From: Doherty, Geri
Sent: Friday, November 12, 1999 1 :39 PM
To: Stone, Ralph
Cc: Kronschnabl, Jeff; Parry, Mark
Subject: Dayton Andrews Code Violation
Attorney Tim Johnson wants to meet with me regarding the illegal Jeep sales and display on
Gulf-to-Bay which I have cited Dayton Andrews for. I am hoping that someone from Planning
can be there to explain exactly what the City requires for approval. Mark Parry and I met with
the contractor on 09-02-99 and Mark explained the landscaping, etc. requirements. I have
notes from this meeting, but cannot answer in-depth legal questions. Who do you think
should meet with Attorney Johnson and I?
.
.
Fierce, Lisa
From:
Sent:
To:
Cc:
Subject:
Doherty, Geri
Tuesday, January 11, 2000 11 :21 AM
Hardin, Cyndi
Kronschnabl, Jeff; Hall, Bob; Fierce, Lisa
RE: Dayton Andrews
Cyndi, I spoke with Tim Johnson today. Dayton Andrews gave him incomplete plans around
Christmas. Mr. Johnson is meeting with Dayton Andrews' contractor again today and expects to
submit a plan by the end of the week.
-----Original Message-----
From: Hardin, Cyndi
Sent: Wednesday, January 05, 2000 10:46 AM
To: Doherty, Geri
Cc: Kronschnabl, Jeff; Hall, Bob; Fierce, Lisa
Subject: RE: Dayton Andrews
I have not seen any plans-Tim Johnson said that they would be forthcoming in 2-3 weeks. I suspect that the
timeframe slipped due to holidays. Perhaps Tim needs a reminder?
-----Original Message-----
From: Doherty, Geri
Sent: Tuesday, January 04, 2000 3:33 PM
To: Hardin, Cyndi
Cc: Kronschnabl, Jeff; Hall, Bob; Fierce, Lisa
Subject: Dayton Andrews
Our meeting with Dayton Andrews was on November 30, 1999. At that time Dayton Andrews
said they would review the information we gave them regarding the new code requirements
and past conditions of approval and get back with us with their plans for all of the property.
We did not give them a deadline.
Do you know if Dayton Andrews has brought forth any plans?
.
.
Fierce, Lisa
From:
Sent:
To:
Cc:
Subject:
Doherty, Geri
Friday, April 07, 20004:13 PM
Hall, Bob
Fierce, Lisa
Meeting re Dayton Andrews on Monday, April 1 0 at 9 a.m.
Bob, since I am off on Monday, I will not be attending this meeting with Dayton Andrews attorney Tim
Johnson, Lisa Fierce and Mark Parry. It concerns the Dayton Andrews Jeep sales lot which has
resulted in them needing to submit a site plan for the entire site.
Our concerns include the Jeep lot placed with out City approval and 3 prior approvals (a conditional
use & 2 variances) which had conditions that were never met. Lisa has all this information.
1 let Mark know that I cannot be there and I will follow up to find out what the results of the meeting
are.
.
~0~ JhJ~
Fierce, Lisa
From:
Sent:
To:
Subject:
Parry, Mark
Tuesday, February 29,20003:16 PM
Hardin, Cyndi; Fierce, Lisa
FW: Tracking-Dayton Andrews
I reviewed it. The landscape plan proposed is deficient in oh so many ways. Buffer widths are all too narrow, the number
of trees are too few. There is almost no interior landscaping. Buffer hedges are missing on most of the northwestern
portion of the site. There was actually very little for me to review. I'd be happy to draft up a landscape plan. It may take
some time. We're running at about 200% right now.
Mark
-----Original Message-----
From: Fierce, Lisa
Sent: Tuesday, February 29, 20003:04 PM
To: Parry, Mark
Subject: FW: Tracking-Dayton Andrews
yes, we are swamped. can you review this one this week? i need to tell cyndi
-----Original Message-----
From: Hardin, Cyndi
Sent: Tuesday, February 29, 2000 1 :48 PM
To: Chaplinsky, Paula
Cc: Fierce, Lisa
Subject: RE: Tracking-Dayton Andrews
we are reviewing the plan in house to see how it meets the code requirements. Lisa, please give me an update on status
and anticipated review date. thanks.
-----Original Message-----
From: Chaplinsky, Paula
Sent: Monday, February 28,20005:31 PM
To: Hardin, Cyndi
Subject: FW: Tracking-Dayton Andrews
Can you give us more information on this? I am tracking this item for John Asmar. Thanks.
-----Original Message-----
From: Fierce, Lisa
Sent: Wednesday, February 23, 2000 9:27 AM
To: Chaplinsky, Paula
Subject: RE: Tracking-Dayton Andrews
i dont know about the january dates, but cyndi, jeff, geri and i met with those guys on february 10 about the gulf to
bay site. they gave us a site plan to review.
-----Original Message-----
From: Chaplinsky, Paula
Sent: Tuesday, February 22, 20003:44 PM
To: Kronschnabl, Jeff; Doherty, Geri; Hall, Bob
Cc: Fierce, Lisa; Hardin, Cyndi
Subject: Tracking-Dayton Andrews
Tim Johnson was given incomplete plans by Dayton Andrews. They were to
meet on January 11th. Tim Johnson was to submit another plan by Jan
15th. What is the status on this? I am tracking this item for John
Asmar. Thanks.
Paula Chaplinsky
City of Clearwater
. 'ADAMS TANK & LIFT, INC.. ~.'
8440 - 43rd Street North. Pinellas Park, FL 33781 .
Ph. (813) 546-0558
Fax. (813) 545-8398
Lie. # PC C050767
P.
1 of 1
Date: October 27 1998
Quotation # dm 102782.pm5
Registration #
Reference #
.
~.
To:
Dayton Andrews, Inc.
2388 Gulf To Bay Boulevard
Clearwater, Florida 33765
Charles E. Flatley 799-4539 fax 796-0079
'\ OCT 2 9 1998
Attn:
~- .-.,
I
I '
CONTRACT PROPO~"-"_u ...
We are pleased to submit this proposal based on our interpretation of your requirements as follows:
Scope of Work:
1. Form and pour tank pad approximately 12 ft. x 7 ft. x 6 in. reinforced by #5 rebar.
2. Furnish and install one (1) 1,000 gallon UL. 142 double wall Highland tank with ladder and pump porch.
3. Furnish and install all necessary tank vents, emergency vents, overspill container, gauges, vent alarm and
necessary piping to complete system.
4. Install existing pump on new pump porch mounted on new slab at end of tank.
5. Furnish and install six (6) bumper post to protect tank.
6. Pressure test system and put on line.
Notes:
A) Electrical by others.
PAYMENT TERMS: Payment is due upon completion of the work and should be made to the principal office of Adams Tank &
Lift, Inc. in Pinellas County, FL. Only past due or unpaid balance shall accrue interest at the rate of 1 1/2% per month. Purchases
further agrees to pay Adams Tank & Lift, Inc. reasonable attorneys fees and court costs if this account is placed in the hands
of an attorney for collection.
ACCEPTANCE: This proposal, when accepted by the Purchaser, and final approval of seller' s Official Officer, will constitute a bona fide
contract between us, subjectto allterms and conditions onthe reverse side. It is expressly agreedthatthere are no promises, agreements
or understandings, oralorwritten, not specified inthis proposal. '
NOTE: TERMS AND CONDITIONS ON REVERSE SIDE.
Dayton Andrews, Inc.
COrfllany Name
Adams Tank & Lift, Inc.
Signature
Date:
Dick Maloleosv / Sales
Sales RepIllSeI1lative
Date:
Signature of Officer
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MANHOLES & SPILL CONTAINERS
I 517 SERIES I
3 1/2 GALLON
AST SPILL CONTAINER
FiG 517
.
Installed on aboveground storage tanks
lor Ihe purpose of conlaining small spills
and drips from the fill nozzte. 3 1/2
gallon capacity. Spun steel conslruc-
tion. Lockable, and painted white.
FIG 517 - Spill Containment. Male (NPT) riser connection.
FIG 517 F - Spill Conlainrnent. 'F,emate (NPT) riser conneclion.
FIG 517 WO - WASTE OIL CONTAINMENT - Removable screen on
inside 01 conlainer so used IiIters etc. can be allowed 10 drain.
SIZE
2". .
4"....
FIG 519
FIG 519
9"...
12"...
WEIGHT
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... AVAIILABLE SOON
519 I
WATERTIGHT
MONITORING WELL
MANHOLE
Premium grade Monitoring Well Man-
hole. Fully watertight. one-piece Cast
Iron ring and skirl. Permanent black
Iriangle on white warning decal with
brass well plate for stamping well
number, Buna-N (replaceable seal),
Stainless Steel bolt machined with
a-ring groove. made 10 slay on cover
when removed,
...... 32 Ills
70lbs
FIG 519 A - Same as FfG 5t9. bul with Aluminum cover.
12"
FIG 356
NOTE: U.S. Federal UST
Regulations require spill con-
lainrnenl for fill porls. These
types of fill boxes. when used
alone, will nor comply.
FIG 356
C~sllron body (ril11). Brass cover.
Buna.N G~skel
SIZE
2"
212"
T. .
.1"
WEIGHT
. 3.751bs
. ....61bs
.. 7.75 Ibs
131bs
.60 Ills
I 356 & 357 8 I
FLUSH FILL BOX
Traditional fill box. Fits standard riser
pipe with cover flush wilh driveway
surface. Gaskel provides water-tight
seat. Wrench furnIshed wllh box,
FIG 357 B
FIG 357 B - Sellle.proof Iype with
lockable inner br~ss cap. Casllron
body. Brass cover. BunaN gaskel.
SIZE
2"
3"
,I"
WEIGHT
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... 25.25 Ih"
:nr;lh:,
FIG 518
.
5-10
71/2 GALLON .
AST SPILL CONTAINER
Inslalled on abovegr ound slOl age lanks
lor the purpose of conlaining small spills
and drips from Ihe fill nozzle. 5 '/2
gallon capacity. Lockable. with drain
valve and vented lid. Connecls 10 4"
mate (NPT) riser. and is painled while
onlhe outside sur lace only.
CONSTRUCTION DETAILS
Spun steel body and lid ( 14 ga.), Brass drain valve, Viton dr ain a-ring.
FIG 524
FIG 420 - 16 ga. sl\irt - 3/8" 4-way Floor Pia Ie (cover)
20" x 20" x 10" deep skirt... ..............
FIG 424 - 14 ga. skirl - 3/8" 4-way Floor Plate (cover)
24" x 2"" x to" df!f!P sldrl.. ...............
FIG 524 - 14 ga. skill - 3/8" 4-way Floor Plate (cover)
?4" x ?.f" x ?tl" rh!f.p '~kilt. . .. . .. .......
SIZE
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FIG 819
SIZE
Above Liquid lype
18.....
20".
24....... ........
Below LiquId Type
t8....
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24"
FIG 420/424
WEIGHT
. ................. 2151bs
819
NON-PRESSURE
STORAGE MANHOLE
Inslalled on atmospheric aboveground
slorage tanks providing a manway hatch
lor access inside Ihe tank. All Carbon
Sleel construclion. Bolls. nuls and gas-
kets are available. Double Punched
version is also available.
.
WEIGHT
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.........._ ..63 Ills
.801bs
.................. . 621bs
... 711bs
...92Ibs
I 420 424 & 524
SQUARE MANHOLE
Square box to provide access to equip-
ment elc. on driveway surface.
FIG 420 & 424 - Knock-down slyle for
service slallons. Requires assembly
(minimal) at jobslte,
FIG 524 - Remedialion type used for
site clean-up. Boll down. gaskeled
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sembled. all welded conslruclion.
WEIGHT .
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971bs
. "^
~AT-A-GLAN~
Direct Reading Gauge
One of the Industry's Most Popular Gauges
Indicator Disc (butyrate)
Plastic Assembly Nut (butyrate)
Gasket (duro nitrile)
Steel Rod (gall'Qnized or stainless)
Noncorrosive brass riveted
assembly.
Calibration (aClylic)
Standard NPT Bushing (cast aluminum)
Distributed By:
ADAMS TANK & LIFT, INC.
8440-43rd Street North
Pine lias Park, Florida 33781
Phone (727) 546-0558 Fax (727) 545-8398
1-800-542-0558
Direct mechanical action, reliable construction and
"at-a-glance" readability make this gauge a perfect
choice for tanks with depths up to 12'.
. Patented calibration assembly withstands pressure
of 70 lbs. per sq. inch.
. Double plastic dome is almost indestructible.
. "Gallon" readout available for Standard 275 Gal.
Oval Tanks.
. All "internal tank" parts available in stainless steel.
. Repair parts available.
Choose the model which
best fits your tank: Type
D-2 For 2" tank openings.
Type D-11/2 For 11/2"
tank openings.
Please specify model
and tank depth when
ordering. Packed
individually.
Float (Nitrophyl, polyurethane
coated cork, foam polyethelene,
or stainless steel.)
Float (Nitrophyl, polyurethane
coated cork, foam polyethelene,
or stainless steel.)
KRueCieR~CiAUCies
941-D Ashwaubenon St. _ Green Bay, WI 54304
Phone: 414-336-2227 Fax: 414-336-6888
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PINE"S COU~TY HEALTH DEPART~T
FLORIDA DEPARTMENT OF
James T. Howell, M.D., M.P.H.
Secretary
Lawton Chiles
Governor
HEAL T
CONSTRUCTION PLAN REVIEW
PROVISO LETTER
OCT 2 9 1998
Facility: 528520592
Dayton Andrews Chrysler-Plymouth
2388 Gulf to Bay Blvd
Clearwater
On October 27, 1998, plans submitted
Inc. [PCC #050767] were reviewed for
Administrative Code, Chapter 62-761.
describe:
on behalf of Adams Tank & Lift,
compliance with Florida
The submitted documents
~l4t~ '~'Rernova1..- . ga Ion undergrouna-gaso-l:~ne-t:.ank ann ;:)ssocia ted
{y~" g.
I ~ Installation of a 1,000 Highland aboveground storage tank unit,
with a dispenser "pump porch", spill containment, overfill Kreuger
gauge. Interstitial sampling will be by manual method.
. Performance of closure sampling.
The following conditions, although not specified on the plans are
required by this agency:
. Be advised that the underground tank system is equipped with an
impressed current cathodic protection system - this will need to
be disconnected.
. Complete "Underground storage System Installation and Removal Form
for Certified Contractors" & submit to agency upon project
completion.
The environmental consultant is: Evans Environmental
The tank system owner is: Dayton Andrews Inc.
Telephone: (813) 538-7277
Environmental Engineering
FAX: (813) 538-7293
4175 East Bay Drive, Suite 300,'Clearwater, FL 33764
.
.
LOCATION:
2394 Gulf to Bay Boulevard
REQUEST:
Flexible Development approval to permit vehicle sales and display
in the Commercial District with the following requests as part of a
Comprehensive Infill Redevelopment Project:
1. To reduce the lot area from 40,000 square feet to 26,700 square
feet;
2. To reduce the lot width from 200 feet to 100 feet;
3. To permit vehicle display within the required front setbacks
along Gulf to Bay Boulevard and Femwood Avenue (Flexible
Standard Development criteria - Section 2-704 T3);
4. To permit vehicle sales and display on a lot contiguous to
property designated as residential in the zoning atlas;
5. To permit vehicle sales and display on a lot with less than
7,000 square feet of enclosed building (Flexible Standard
Development criteria- Section 2-703 Tl);
6. To permit vehicle sales and display outside of an enclosed
building (Flexible Development criteria - Section 2-704 R3);
7. To reduce in required parking spaces from 77 spaces (2.5
spacesll ,000 square feet ofland area) to 11 spaces;
8. To permit a reduction in landscape buffer from 15 feet to 7.5
feet on Gulf to Bay Boulevard;
9. To permit a reduction in landscape buffer from 15 feet to zero
feet on Femwood Avenue; and
10. To reduce the landscape buffer from 12 feet to six feet along
the north property line.
UPDATE:
This case was discussed at length at the March 20, 2001 Community Development Board (CDB)
meeting. The applicant presented new information and a revised site plan at the meeting that had
not been provided in the submittal reviewed by Staff or the CDB. The Board continued the case
to give Staff the ability to analyze the changes to the application. For the subject site at 2394 Gulf
to Bay Boulevard, the changes include the removal of the two curb cuts along Gulf to Bay
Boulevard, providing 11 parking spaces and providing shade trees along Femwood Avenue, Gulf
to Bay Boulevard and the north property line. At the larger site (2388 Gulf to Bay Boulevard),
changes include the addition of a three feet to the existing 3.5 foot wide landscape buffer along
Gulf to Bay Boulevard, and additional plantings along the main entrance at the comer of
Femwood Avenue and Gulf to Bay Boulevard and enclosing the existing dumpster at the
northwest comer of the site. The applicant will remove an elevated vehicle display structure on
the southwest comer of the site. It will be replaced with a metal display structure and two other
like structures will be added to the site along Gulf to Bay Boulevard. There have been several
changes to the staff report.
Page 1
.
.
ANALYSIS:
The applicant has located vehicles for sale on every available portion of the lot resulting in
inefficient vehicle circulation. Vehicles have been located within all required setbacks and
within the rights-of-way; the site contains 41 striped parking spaces. The structure and property
have undergone some deterioration. There is no landscaping located on the site.
The applicant seeks approval of a vehicle sales and display establishment on the site that is
currently in operation. It has been operating illegally since 1999. The applicant expanded the
existing Dayton Andrews establishment (2388 Gulf to Bay Boulevard) onto the subject site
without submitting a site plan application for a change use. The site has a current Code violation
(case number COD1999-03456) regarding the existing, illegal vehicle sales and display.
Numerous meetings have been held with the applicant in efforts to resolve the violations
resulting in the application. Staff believes the entire Dayton Andrews establishment (2388 and
2394 Gulf to Bay Boulevard) should be brought into Code compliance with this expansion.
The subject site is intended to operate in conjunction with and support of the larger site
immediately to the west (across Femwood Avenue). They are, however, two separate lots.
Minimal site improvements have been proposed for the site at 2388 Gulf to Bay Boulevard
including replacement of dead or dying plant material. This is considered basic landscape
maintenance and is a Code requirement for all property owners. Proposed improvements include
enclosing a dumpster and installing additional plants along Gulf to Bay Boulevard within a 6.5-
foot wide landscape buffer where 15 feet is required. No substantive improvements are
otherwise proposed for the 3.83-acre site.
The proposal includes the application of a stucco finish along the south and east elevations if the
building. It will be repainted. In terms of landscaping, the project includes a 5.5-foot landscape
buffer entirely within the right-of-way along Femwood Avenue (west), a six-foot buffer along
the side (north) property line, a five-foot buffer along the side (east) property line, and a 7.5-foot
buffer along the front (Gulf to Bay Boulevard) property line. The new site plan indicates an
optional sidewalk along Femwood Avenue. The 5.5-foot landscape buffer proposed along
Femwood Avenue is in lieu of a required four-foot sidewalk. The minimal landscaping proposed
does not meet Code. Code requires a 15-foot landscape buffer along Gulf to Bay Boulevard and a
10-foot buffer along Femwood Avenue. Additional plantings are typically provided along road
frontages in cases where developments lack sufficient landscaping.
Applications for infill projects and Comprehensive Landscape Programs generally provide
upgraded landscaping where possible to mitigate deficiencies elsewhere on the site. The
landscape plan, as proposed on paper and verbally at the previous CDB meeting still does not
meet the requirements of Code and is inconsistent with previously approved, Comprehensive
Infill Redevelopment Projects, the redevelopment efforts of Gulf to Bay Boulevard and the City
as a whole. Staff would recommend that a minimum of a 15-foot landscape buffer be located
along Gulf to Bay Boulevard and a 10-foot landscape buffer be located along Femwood Avenue.
Staff would further recommend that the required 10-foot landscape buffer along Femwood
Avenue be in addition to a required four-foot wide sidewalk to be located within the right-of-
Page 2
.
.
way. Proposed shrub materials noted on the site plan are species that will not reach the required
height of 36 inches in height within 12 months of issuance of a certificate of occupancy;
therefore, the proposed landscape buffers will not serve their intended purpose. The applicant
stated at the CDB meeting on March 20, 2001 that the landscape plan would be revised to show
buffer material that will meet the requirements of Code but it has not been submitted to Staff.
The applicant met with Staff on April 5, 2001 and stated that, should the application be
approved, all buffers will consist of plant material that will reach a height of 36 inches within 12
months of planting. Should the application be approved, Staff would recommend that a
condition of such an approval be that a revised landscape plan be submitted to and approved by
Staff prior to the issuance of a Development Order. Code also requires that a shade tree be
planted every 30 feet on center within all required landscape buffers. Required number of shade
trees have been proposed; however, the size proposed (two-inch caliper) does not meet the Code
requirement of four-inch caliper. The applicant has stated that all trees will meet code
requirements. Staff would also recommend that, in the event the application is approved that the
required landscape plan show minimum Code plant sizes.
Deficiencies associated with this development are not mitigated by this proposal. Additionally,
the proposed buffer along the east property line will not preclude the continued use of the cross
access with the site to the east. The applicant has submitted a draft, unexecuted agreement. In
the event that this application is approved, Staff believes a cross access agreement should be filed
and recorded with Pinellas County to maintain permanent legal access or a buffer extending the
full length ofthe east property line should be provided. The applicant also stated at the last CDB
meeting that a legal cross-access agreement will be filed. Staff would recommend that proof of
such an agreement be submitted to Staff prior to the issuance of any permits.
The proposal also includes removing access along Gulf to Bay Boulevard (south) leaving two
access points along Femwood Avenue (west). The applicant is proposing to remove the concrete
apron from the curb cuts along Gulf to Bay Boulevard. Parking will be revised to provide 11
parking spaces (including one, ADA-compliant, handicap space) where 77 spaces are required.
Existing signage includes an approximately 48-square foot, 20- foot high freestanding sign. The
existing sign does not meet Code requirements due to size and height limitations. Although the
applicant has stated that all signage will be brought into compliance with Code, a Code-
compliant package has not been submitted. The applicant proposes to add a 20 square foot,
attached sign on the south fayade of the building that is twice as large as the Code permits. The
site is entitled to one attached sign of 10 square feet and one freestanding sign of 10 square feet.
Signage is determined based upon one square foot of signage per 100 square feet of building
fayade facing the street frontage from which the building is addressed. The square footage of the
fayade is 704 square feet. The square footage of attached and freestanding signs may be doubled
to 20 square feet each through a Comprehensive Sign Program. An application for a
Comprehensive Sign Program has not been submitted to Staff. In the event the application is
approved, Staff believes all signage should comply with Code.
Page 3
,
.
CODE ENFORCEMENT ANALYSIS:
The site has a current Code violation (case number COD 1999-03456) regarding illegal vehicle
sales and display issued on August 11, 1999. The applicant converted the use of the property to
vehicle sales and display without meeting the Code requirements for a change of use. Numerous
meetings have been held with the applicant in an effort to resolve the violations. This application
is the applicant's attempt to resolve the Code violation.
SUMMARY AND RECOMMENDATION:
The application and supporting materials were reviewed by the Development Review Committee
on February 15, 2001. The proposal is not in compliance with the standards and criteria for
Flexible Development approval, with the maximum development potential, requirements of
Comprehensive Infill Redevelopment Projects, or with all applicable standards of the
Community Development Code.
The Planning Department recommends DENIAL of the Flexible Development approval to
permit vehicle sales and display in the Commercial District, for the site at 2394 Gulf to Bay
Boulevard, as part of a Comprehensive Infill Redevelopment Project with the following five
bases:
.
The proposed site improvements include minimal landscaping which do not meet the intent
of Code, the requirements for a Comprehensive Infill Redevelopment Projects and are
inconsistent with previously approved Comprehensive Infill Redevelopment Projects and the
redevelopment efforts along Gulf to Bay Boulevard. Landscape buffers along major arterial
roads, including Gulf to Bay Boulevard, are required to be 15 feet in width. The minimum
buffer width required for secondary streets, such as Femwood Avenue, is 10 feet. These are
the minimum width with in which appropriate landscaping may be located in order to
mitigate deficiencies elsewhere on the site. Possible solutions include reducing the amount
of building on site thereby reducing the amount of required parking and allowing additional
display and landscape area;
The minimal improvements to the building do not meet the intent of Code, the requirements
for a Comprehensive Infill Redevelopment Projects and are inconsistent with previously
approved Comprehensive Infill Redevelopment Projects and the redevelopment efforts along
Gulf to Bay Boulevard;
That a sidewalk is not provided along Femwood Avenue to ensure pedestrian safety;
Adequate buffering is not provided between the subject site and adjacent residential uses to
the north. The proposal includes a landscape buffer along the north property line that varies
between six and five feet where the minimum buffer width is 10 feet; and
Minimal improvements to the master site to the west are proposed where, generally,
redevelopment would address the entire site and use.
.
.
.
.
Page 4
,
.
Should the application be approved, Staff recommends the following 12 conditions:
/1. That the proposed 7.5 foot landscape buffer be increased to J.Q feet at the subject site along
Gulf to Bay Boulevard and the corners at Gulf t~ Bay Boulevard and Fernwood Avenue be
improved as planters similar in design and plant species in lieu of a IS-foot lands~cape buffer
along Gulf to Bay HoutevalJ to llliligate the reduceoW1dth; or that a IS-foot landscape buffer
will be provided along Gulf to Bay Boulevard which will require the demolition of a portion
of the structure;
~. That a 10-foot landscape buffer be installed along Fernwood Avenue;,'''' i'cJU/
/3. That all perimeter buffers consist of plant material that will reach and be maintained at a
height of at least 36 inches within 12 months of planting;
/4. That all dead and dying plant material be replaced prior to the issuance of a certificate of
occupancy;
/5. That all new plant material to be located at 2388 and 2394 Gulf to Bay Boulevard meet the
minimum size requirements of Code;
/' 6. That all signage on the site located at 2394 Gulf to Bay Boulevard comply with Code (i.e.
existing, freestanding sign at 20 feet in height and approximately 64 square feet in area);
fI 0 id e . 0 en It'
'/8. That the two dumpsters at the northwest corner of the site located at 2388 Gulf to Bay
Boulevard are enclosed by a concrete block wall and chainlink gate;
/ 9. That a cross access agreement be executed prior to the issuance of a Development Order;
/ 10. That the south entrance along Fernwood Avenue for the site at 2394 Gulf to Bay Boulevard
.I be a right-in only and the width may be reduced to 18 feet;
11. That the exterior of the building located at 2394 Gulf to Bay Boulevard be finished as
proposed and that the overhead doors on the west fac;ade be painted to match the rest of the
.. building; and
/ 12. That the existing vehicle display platform located at the southwest corner of 2388 Gulf to
Bay Boulevard be removed and replaced with three, single vehicle display platforms located
no closer that~ feet from the front (south) property line along Gulf to Bay Boulevard and a
maximum of ffire feet in height. ,
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S:IPlanning DepartmentlC D BIFLEXlPending ApplicationslGulfto Bay 2394 Daytron AndrewslGu'fto Bay 2394If~B Notes lI.doc
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Dayton Andrews~ Inc; a Honda Company
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FL 01-01-03
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