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FL00-10-46 Florida Marine & Resort Deve/opers~ Inc. 670 Island Way #305 Clearwater. Florida 33767 Phone: 407-421-4188 Email: dharriIl1@Yahoo.com Donald L. Harrill President Engineers - Surveyors - Planners Thomas G. Radcliffe, P.E. 29228 U.S. Hwy. 19 North Clearwater, Florida 33761 www.lbsonline.com Pinellas: (727) 784-3965 Pasco: (727) 842-7635 Fax: (727) 784-8153 tradcliffe@lbsonline.com Oct-16-00 09:34A L 10'/.'S Baur & Stevens 7277.9::53 CiTY Ufl CLhAKWAThK APPLICATION FOR SITE PLAN APPROVAL PLANNING & DEVELOPMENT SERVICES ADMINISTRATION ~UNICIPAL SERVICES BUlLOJl'.;G. 100 SOUTH MYRTLE AVENUE. 2'" ROOR PHONE (727)-562-4567 FAX (727) 562-4576 . This rorm must be submitted 'or all appllCJIlions ror ntsi~ential uses. accessory uses, nonresidenfial uses. rences Slllns. vesled nghts. development agreements. seawalls, docb. marinas and oilier marine struc1ullJls and home occupati;ns. APPLICANT, PROPERTY OWNER, AND AGENT INFORMATION: APPLICANT NAME: Florida Marine & Resort Developers, Inc. MAILING ADDRESS 2435 U.S. Hwv 19, Suite 350, Holiday, Florida 34691 PHONE NUMBER (727) 942-0733 FAX NUMBER i727) 944-3711 PROPERTY OWNERS Jim Dan Incorporated, a Florida Corporation (List all owners) JRrinto C~stpllRno & Elena Betes AGENT NAME Donald L. HRrri 1] MAILING ADDRESS 670 IslRnd WRY #305, on) 4!1?-'1?R? Clearwater, Florida 33767 FMNUMBER: (727)E~~~-~~1 J PHONE NUMBER PROPOSED DEVELOPMENT INFORMATION: STREET ADDRESS: gOO Nnrth nQ('PoJ ~ AUenl1P} r.J P.o1r1.1;:] t pr , Flchrin8 See Exhibit "A" attached hereto See Exhihit "R" Rtt8rhpd hprpt:o LEGAL DESCRIPTION: PARCEL NUMBER: PROPOSED USE AND SIZE: Spp F.xhi'hit "r" .o1tt::whpn hprptn (number 01 dwelling unilS, helte! rooms or square rootage or nonresidential use) SIZE OF SITE: B.Rg acres See Exhibit "D" attached hereto DESCRIPTION OF REQUEST: DOES THIS APPLICATION INVOLVE THE TRANSFER OF DEVELOPMENT RIGHTS? YES _ NO l I, the undersigned. acknowledge that all representations made in this application are true and accurate to the best of my knowled STATE OF FLORIDA, COUNTY OF PINEL~S sworlJ!:J~d before me ths I' Y--h- day of ,A.D.. to me and/or by 0 is personaUv ~S. produced. fjI2.... as pfication_ '1/ .... lr , l LD..>Utrt - XA..JL/ Notary public. my commlss""J'~"'~: Maureen 1 Peck l,,~~"".'if':. =..0;. .if September 24, 2004 . --( D" -%~OF',,-<$'- ...Jl.! QNDEDTHRUTROYfAININSURA~~E,~ r.t ZONING: J I ) '-./ '",,,,,,.., FU,TURE DESIGNATION: 'i.. 12. ~ ._ NORTH:{JHOt, AfIlItSOUTH I J L- EAST: '- WEST H"",.~,,'-.c. l v U , FUTURE LAND USE CLASSIFICATION OF ADJACEfJTF'ARCELS: NORTH: EAST:'':'''' WEST: rrql:!v. $.J FOR PLANNING OFFICE USE ONLY: LAND USE DISTRICT OF PARCEL: ZONING CLASSIFICATION OF ADJACENT PARCELS s: application fOlmsfdevelopment review/baSIC aippijC'atfon:doc P.02 I'........"." ,..' q.~ "~,,r. ',:(';1 '. ,"':;::... -' ,....,.: - ~' (~ "'-J' '-.i \);1 ~:; , bI ~ VI , -'~'''' \f\ \\\ OCT 20 '00 15:24 GB ....t,. 928 766060 ~ TO: P01 . CITY O' CLEARWATER AmOAVlT TO AurHOJUD AGINT ,tANNIN(; .. DIVII..ONINr tIIMCa AlMllU'ftAf1QN a4~"'AI. .'itCtlIUaCMNe. 5OO!IIUftt M'tI\'\~ -'vtlNut. ,... .\oOOIt ..... {'PIt)...... fAk~ ."S1I ~ v 1.-, 12l"j~~l"~4tJlllaon --E.l..ea. D..rl;!.'" ....,.~....,... . UEn T . .A YU - -A ~ ..dIl:I - t. ,... (I... ..~.. DWrIIfft) 1M 'HOld WIle ~t)"" ~ ~..._ ~: _?~ ~r~h ~eola "~;te, elearw.~t1'l nO~l~A .... ..-. ..... --- Ll .."...... .... W"" J .boIIlio.. - ..4.t:.- v ~.""wMr .. J7l .& T - .. 2. .,...... ,.,~ ~$__ the PftltMIrty ,. ...... ......... .., a: tor r.or.-tfsidtntiel parting 1~ t!.bn;t~rJQQ ~ th r.tpr~tlta l'etai1! rista1J,ant. a c;.e. ri . ....~ ... , ,................. (haJIIMYf) '_1_... ~ AMI)...... .. ~. DQnalrlLL EAI'r.:Ul . ..........~...~..........,~- 1 - ,""- <t. ,.... __-" -.. ..... toiNMe.. C4tr ef -:.... .1tL .l'IettIIlO 1W~'" .._ ...... -&::nal'~; ..-"'~ . I """CIillo~ 1IIf.......... ......,. ~ CIIliIY'" ..~~ r~.'~ ~ I 1.~----- /f. .f. 11 ~ . I.... .-...-"-- '.'7'. { ...1 , P .: 111------ If' It lilt.. /) 7'-'-1"4- j' 1 /---.._~:::: , ......allllJ. .-.n. ...... '0-'1" '............1I..........~"U.~~.,-....... ,3() ... ~~._N":.:.Gl.:.=....~~'1. ~ ~+~~--.MA..._~. )\ .' ~/ !)-to o I \ ) ..-' \, \..... ~ ....--' .,IIl'O(,"-- ,~.::-;, -- _NIl _t.dx '. ~. J.__I'I. J ._-----~---,,-, .,~......~ -1'"''lI(1O~''''''' ------r-=.:.:aJ-~../~ Geraldine M BurkE' -~"" n 17;:-.1 ~,' *My Commission CC80302i Ie. Yr.. \~..\\. \~.JI.I \.r..~.-~\.... \ "".t\~ Expirp-s February 20, 2003 O . \~..)~.\J)\.~:::, ~\ ..~J...:~- , t < r:-....-' .-.".-- '\\ I ;l _.._-- l-------- PLAN 1-..1 It, \C::. g, erN OF. ,.. ,- '- - -~ -...=--'."-;:::- - - -. - ~ --~ ,.~) ! :'~ d (, I \ i i ~ ..,., · . ,~ ~, '~t\.\l;~ _ ~_~. _ 1 __ _ .!- __ _:,,_' ... ~ L. ... _ ., . ." J) ~ ': . THis INSTRUMENT PREPARED BY AND RETURN TO: I ~ \ \ \. ~ I ' ' " l' '.' ?' ,'." \ f ~ ,I ;f T I ,.J... I. 'I FREEDOM TITlE AGENCV/INC, ... {(~' j'1' ~SrC~~d'S~"" ' I ), \.\. L' U. 'd.~..v. 'li"~Fl\ i375S' j. j . ~ 'tJ " r ) \ . . \ > " I t I I ~ \ , , , '\ . . Iii , . P'o~y ,,.pP."~I.PlrctlldlnIKiCltlon (Folio) Numbers: {' " . ~ ' f , .- . Og/~9/15An8~/~02/00,11 I (~ -: : ( ,. : 'Grant... SS II: it; - . \),T .~,.., \ . \, ) J I . ) t ~\ ; 1 '1.,' } i " , ' ,\ I J' ... : ~ '/l J ~ ~ .J , THIS WARRANTY, DEED,'rnade' thl 1 Hh elIy or March, A,D, 1999 by Sara l. Stickier, II single woman, herein eillld'lh~' grl~tor: I; J.clnto:Cutellano and Elena Betes. husband snd wIfe whoso pOSI ortico eddress is 906 & 908 N.:OIc:'~O,latAy!n~,,!e, Clea~wate~, FL 33755, herllnlh~ cllled (hi G,"~'lHlS: ,w.."..et. \I'.' "".Ift ~".,I','"'.. -,'1"'0'- ."'~ -".fth'. ~CJ...d. lH th, pltll,. 10 Ihl, Inllrum.nl ."H~ '''', !'I.lrl. Ilg'] flJH".'''.IIloy.. .II"d "I'g". tJI ,"d.y.DU.lI" .ft4111 tfl. .wtel"." '11' "'''''1 of C:01'O"IIO.l\I) . '" t t , \ , " W'I.:r N:E;.~'slEI,T H: ThI_llhl,grlntor. for Ind In conslderlllon 01 the sum of TEN AND OO/I00'S ($10.00) Doller5 end other Vllulblt COf\sldtrlllonS. 'recllpt wh.rlof Is herlby IcI<nowledg.d. herlby grlnts, bargains, t ~lls. ellens. remises. releases, conveys Ind Confirms.. unto th. grlnt.. III thlt elrtlln land SHUIII In PINELlAS County. Slale 01 Flortde, Vll: . j -t >,:, ; SEE' EXHIBh'tfA" ATTACHED~ HERETO AND MADE A PART HEREOF i ,t i.;/'! ' I Subject to ea..ment.,'re.trlctlon. and reservallons of recordllnd to t8xell lor the year 1999 end there.fter ," . i . INST . 99-0796~3 MAR II. 1999 i 6! 16~M li ~: \ .. i PINELLAS COUNTY rLA, Orr.REC.8K'I0437 PO 139 t .; l, . , 1 lP.4ca .ABO\I[.ltft'lllN! fOO AECX>fV>I~O DATA, I';' 'l'-r,".-n < 10, JO .!()_GETHER, w"h I~ thl ttn_tl, h..IdHI~11 Ind lppunenlnee, therllo belonging or In anywiso epper1Q1ninQ. 87r.co..~ ,. '. . T.~ HAVE AND TO HOLD, thl lime In Itl Ilmplt lortvtr. I' . \' I r. ..- ,....""....~.-------._~.,~-,. ~---.....-------~.....~---. -~ , " .~ ,~, i~-- ,.~'\ I ,::-~\(~ L .:~il\c__~C_~.JJL.l.J i b- I Sara L. Stickier : .. r'":';-.'- ._':~.. 'l ~ rr I "~ Stclttvl, Cltlrwl'er, FL 3375S ' ~~~~.~_O I ~ i:~ !o <:{ ~ [;1 (ft ~ " i',I"r,~, . . ; "~'_~"'.Y.l~\i<'\"'~ '.,.... "r........;'. '. " i')" I l t " t. ?;, ! ' / ' i I . J ' . \ ' \.' ; '~ . ' . , I, '.' , '," ZUIIXT -^- P INELLAS, COUNTY FLA >~.1,'~ ',', . ! t ,; OFF,REC.8K 10437 PG ~ ~ _..' _!,.. -- - ~, - - .. , _, ,., _, _ , -.. ,.. 140 ;.1,\ 1:\ ~-.=."i/.~.~iJ,,~jl~".c.~.' ~t\.J~.r-~,i~l'.le~.,ot L<;r; \ 1,IUqck ~.J. A.. I l '- ~ f ',-..... I, t"'~,,'I<W:,:t ~,z;,41n9- J to lb. IMP; or plo t thG~f .. ~ ' "', .'l1lCO . -,.,\'IJi.!(,-I'~.. ~ 100"1' '1', , Pege ; tt. PUbl.ic Record. ot P1nell.. \ \. '/ ( ~ . . - e01aft .~ 'P.10it'U\"7 t," r .~ ' . I ' , ~, j '1< ~ " ~"'~J J ~/ l' ., ~"l ~. I , 'I l \ i Ii J _ f"' ~~\ I., f f ~ ~ f -'.: _ r f{" ,'.. f -I"~ J I Jf ' l \ i " > ' , " , ';~' i , ; ,t; I", 1lr I H, ~ J) S; '<lJ"~ ( f \. ; I .,' I .( I; .' ' . ;,} \\:~"~T.Ile.' ,...tJ.~o~.(...t'O.fi/~~~h,.tl!S.O feet ot. Lot ,1. 11QC}( ~t J. ^. 1'\ ( , i J:uql ?'(lUaDrn.~~,) ~c.or,~> ,to the up' or plat the~ot .. '.;" 'r oicfld "{nt1'1'.t/loOJl:f 1. hga U, Public ~.cord. ot P1n.lla., [ I 'CO\mty~' Plor1da! \ ~ . ; +. ~. ,~' .J -1 ~" t ~ .. 'r y,.. 11' , It ~ . , . ; ': '....: , f! l : AL80 'JOfOWM AS: . ' ~~~).~klW)'riJ,;'~~l~:'.Ol the, north 'lina of II:>t 1. eiOCk 2, ~.RMiSUPD;Y;@lQM~f";'~~~ .in Plctl!look,.l page ., o! ,1nellau ~$)~t:~\trtq~!itijtlil"M;IUI..1~.ekot: the '4.te,rly cUlb ana qutter on \ o'~ol~lA~Ui..1!.rf4l~~ls~!':'c:. l!ort~ 8,', cS.~r.e. )9' 5'" W..t 2.25 .; t~~'>:1~o!~-V.f~nl61~~~tt*;i~.,' Nor~h . 89, ;dtt9~.e' 39' 57. Wellt 158.94 " f~tJto~'~.1~onc;:r.ti{~ht. aaid' ,1\Onua.nt lying South '9 degx-.." 3'A5..'~tl_~.d1,~aO~,\'\1'I',~~,t;'*frOllan 1r()~ ~lll on. laid Not'th line, . t~!'~..~,80\it!lf~lt~~r",~ 1.0..'- E.18t ',~)~ll t..t to a concrete 1IOft~!,~':!t!i..nc.':l-.~thl":cS.gt"~ea 39' 5'7" ea.t 14).9. teet to back. oft..S:4:w..t.~lY:tCUz'bt ',tJwnce North 14 ~ctgre". 12' 57" Ea.t 65.0 t..t'.loncr~'-.1d'c\lrbttoipo1nt ot ~q1nn1nq. , . r~~~~ Ilg1.ii..n....T U U l PLANNING & DEVELOPMENT SERVICES CITY OF CLEARWATER l r-'" ' ;)1 '\:, I,'; I' . : i ~ .: ~ i L..../) iL~ , j , ' I, . 1: . " i" i,.' t . 'j. ~ .~ I, \ . . . . , i ~ ; \ ' \ "~. \. ..... 1 \. "I _____10!~7!2000 ~1~?2 ~E~T ~/: F~aURSK:&~A=~:~L; 548075~ 127 Q.14~71i j DANIEL J GRIEdIIlSQ OCT-iB-CO ~g:38; PAGE 01 ::IME 2/2 Oc~-l.-00 oe~~ L10varas Saur . Stevens 7271"'183 p.oe . CITY OF CL!ARWATER AFFIDAVIT TO AUTHORIZI ACENT PLANNDIC . lJIVILOIIlaCINT IaYICII ADMINlS11t4 nON MVNtCIPAL lIIMC:a IUl:.DINC. 100 SOU'IM ~ 4V1NU~. z-.-1..OO6it l'HONI (nJ)-Mz.... PAA ('m) .... li~ [') I'i ~~.r;:j-.r :: ~iW OAn 1TIrnTpnt~~~1 A Fln~t~R rnrpnr~tinn _..........~ ,. TP4It (I MW'M ..) ItIa owner(l~ " rtcQId. hotW(.} of.. ~_A... dac:tlbN ~: 900 &, ~~o Nt ~pf.l111 ~QI'\LJA. G1ett\4a.~er. Flor~d.a -~.....~ 2, TNiI.. P'CC*t~ conttihMI Iht ~ fvr wNcn . fIQlMt fGt a.: Flet:l.bb r-l~)npnept ~roval fo~ at~~cl:ied Qwelling8, ri?tall, ~* fi~eL marina and restl!l.urSI1t ~ "...... 3. TMI h loNIII~ed (htIiftM~ ~ and (dattJdo) ~ Donald L. Harrill ......IIIIIiIIaJ. ___..,..... "... ..........., ......~ ... .,... WI ....11 ... bH~ atcutlCllo iMuoI tIiI ~ of ClMN..,. . Ftw1cIIlo CGnIidIr and ect Oft "'.... detcrlbed prol*tf; 50 TNt <"WI). I~ l.tIderJigMd luehl)tlty. r\e~ Clrafy 'Mt1he ~ itlrut Md conecl --r~ Lu () / ......,....~U&. ./ ,,~J;lf;,;-!, Roberta J. Walker tt( h. "'f.'~Commissi()n # CO 890757 ,:.~.\~.. g Expires Nov. 28,2003 :1-'" - .. ~Thru "',.." 'W'iliiii.ir/!ing co., Inc. ~... J'I!.. ... ......... ~ WI tffai 11Il/'J fDcf .~.' ..~......... .... _ "" ftMftt ~~... g'~Ur'" 1M' 01l1li - If ,.'.;II~. I /..;.7 ~ ... Of " ~ ... Nr ..." coNItlI, ~ .. C"L. .1.......... .. ............" J d__.......................~,. tr@~rw ~w By _ - e EXHIBIT "A" LEGAL DESCRIPTION: Parcel 1: Lot 1 of Block 2, JA GORRA'S SUBDIVISION, according to the plat thereof recorded in Plat Book 1, page 44, of the Public Records of Pinellas County, Florida, excepting a portion being described as follows: Beginning at the intersection of the North line of Lot 1, Block 2 aforesaid and the back of the Westerly curb and gutter on Osceola Avenue and run thence N.89039'57"W., 2.25 feet to an iron axle; thence N.89039'57"W., 158.94 feet to a concrete monument, said monument lying S. 89039'57"E., 120.19 feet from an iron axle of said North line; thence S.01 01 O'49"E., 63.11 feet to a concrete monument; thence S.89039'57"E., 143.94 feet to the back of said Westerly curb; thence N.14012'57"E., 65.00 feet along said curb to Point of Beginning. All of Lots 2 and 3, Block 2, JA GORRA'S SUBDIVISION, according to the plat therefore recorded in Plat Book 1, page 44, of the Public Records of Pinellas County, Florida. Also, Lots 13, 14,22 and 23 of SUE BARCO SUBDIVISION, according to the plat therefore recorded in Plat Book 1, page 26, of the Public Records of Pinellas County, Florida. Including the following portion of Lot 22, described as, beginning at the Northeast corner of Lot 22 of SUE BARCO SUBDIVISION being recorded in Plat Book 1, page 26, of the Public Records of Pinellas County; run thence Southerly along the East boundary of Lot 22, 30.0 feet; thence N.89024'59"W., 136.63 feet; thence N.77000'39"W., 75.04 feet for a Point of Beginning; thence continue N.77000'39'W., 497.63 feet; thence S.62039'09"E., 356.26 feet; thence N.72054'13"E., 176.24 feet to the Point of Beginning. Together with all riparin rights and submerged lands thereto appertaining and subject to an existing 30 inch storm sewer easement along and across said property, together with the right to go upon said property for the purpose of repairing, replacing and maintaining said storm sewer and Less and except that portion of Lot 22 described as beginning at the Northeast corner of Lot 22, SUE BARCO SUBDIVISION as recorded in Plat Book 1, page 26 of the Public Records of Pinellas County, Florida, and run thence Southerly along the East boundary of said Lot 22, 30.0 feet; thence N.89024'59"W., 136.63 feet; thence N.77000'39"W., 572.67 feet for a Point of Beginning; thence continue N.77000'39"W., 309.67 feet; thence N.27"20'51"E., 76.79 feet; thence S.62039'09"E., 300.00 feet for a Point of Beginning, together with all riparian rights and submerged lands thereto appertaining. Further less that part beginning at the point in the East boundary of Lot 22, 30.0 feet Southerly along said boundary from the Lot's northeast corner; and run thence Southwesterly in a straight line 136.63 feet to a point in the South boundary of said Lot, which is 131.8 feet Westerly along said boundary from the Lot's Southeast corner; run thence Southeasterly along said boundary to said Southeast corner; and thence Northerly along the Lot's East boundary, 29.56 feet to the Point of Beginning. Also, that part of an unnamed street unofficially known as Nicholson Street in the City of Clearwater, Florida, begin Lot 3 of said JA GORRA'S SUBDIVISION on the North and Lots 13 and 23 of SUE BARCO SUBDIVISION on the South, and which les West of a straight line extending from the Southeast corner of said Lot 3 to the Northeast corner of said Lot 13; and ALSO that part of an unnamed street lying between Lots 13, 14 and 15 of SUE BARCO SUBDIVISION on the East, and Lots 22 and 23 of said subdivision on the West, and North of a straight line connecting the Southern boundaries of said Lots 15 and 22, and ALSO all land and submerged lands adjacent to the property hereinbefore described and owned by CLEARWATER - e From the Northeast corner of the Southwest % of Section 9, Township 29 South, Pinellas County, Florida; run thence West 1226.61 feet; thence South 16.27 feet; thence S.14045'32"W., 65.0 feet to the Point of Beginning; thence .89003'OO"W., 143.94 feet to a concrete monument; thence N.00037'00'W., 63.11 feet to a concrete monument; thence N.89010'02"W., 120.19 feet to an axle on the ordinary high water mark of Clearwater Bay; thence along the seawall N.89026'34"W., 658.99 feet; thence along the Easterly right of way of the Intercoastal Waterway S.10033'57"W., 247.76 feet; thence S.62039'09"E, 444.45 feet to a concrete monument; thence N.72054'13"E., 176.24 feet to a concrete monument; thence S.7rOO'39"E., 75.04 feet to a concrete monument; thence S.89024'59"E., 136.63 feet to a concrete monument; thence S.15006'21 "W., 29.56 feet to a concrete monument; thence S.7rOO'39"E., 30.0 feet to a concrete monument; thence N.1 0006'21 "E., 59.56 feet; thence S.7rOO'39"E., 100.0 feet to a concrete monument; thence N.04052'52"E., 155.25 feet; thence N.14035'13"E., 162.20 feet to a concrete monument; thence N.16010'34"E., 30.00 feet to a concrete monument; thence N.1601 0'34"E., 30.00 feet to a concrete monument, being the Point of Beginning; LESS the following described property beginning at the East % corner of Section 9, Township 29 South, Range 15 East, Pinellas County, Florida; and run thence West 1252.72 feet; thence South 113.62 feet to a point on the Westerly right of way line of Osceola Avenue for a Point of Beginning of a 10.0 feet wide easement area, said easement area extending 5.0 feet either side of the following described centerline which bears N.75057'57"W., 139.83 feet, thence N.44057'57"W., 80.0 feet; thence N.86030'19"W., 260.0 feet to the end of the said easement. LESS canal right of way more particularly described as beginning at a point on the Easterly right of way line of "Cut P-37" of the Intercoastal Waterway Canal marked by the point of intersection of said Easterly right of way line with the "seawall" along the Northerly side of "Seminole Fill", said point being 161.24 feet South and 2283.45 feet West of the East % corner of Section 9, Township 29 south, Range 15 East, Pinellas County, Florida, (coordinates of P.O.B., X-240, 746.74, Y-1, 324,297.27); thence run S.12009'33"W., along said Easterly right of way line 135.0 feet, more or less, to the waters of "Clearwater Harbor"; thence meander the Easterly shore line of "Clearwater Harbor" in a Northwesterly, Northerly and Easterly direction to the Point of Beginning. Also that portion ofland being described as beginning at a point 11.55 feet South and 1507.98 feet West of the East % corner of Section 9, Township 29 South, Range 15 East, run N.89047'23"W., 658.99 feet; thence S.10047'28''W., 25.43 feet; thence S.00012'37'W. 45.0 feet; thence S.89047'23"E., 216.0 feet; thence N.00012'37"E., 20.0 feet; thence S.89047'23"E., thence S.Oo012'37"W., 110.0 feet; thence S.86002'27"E., 260.0 feet; thence along the shore line to the left, whose chord bears N.Or15'49"W., 178.51 feet to the Point of Beginning. Parcel 2: That part of Government Lots 2 and 3 of Section 9, Township 29 South, Range 15 East, Pinellas County, Florida described as follows: From a Point of Beginning at Northeast corner of Block 2 of JA GORRA'S SUBDIVISION, according to the plat thereof recorded in Plat Book 1, page 44, of the Public Records of Pinellas County, Florida, run thence North 160 East along Westerly boundary line of Osceola Avenue. 99.54 feet more or less to Southwest corner of Intersection of said Westerly boundary line with South boundary line of Cedar Street; thence West, along said South boundary line. 64.91 feet; thence Southwesterly parallel to said Westerly boundary line of said Osceola Avenue. 97.22 feet more or less to a point on North boundary line of said Block 2, of said JA GORRA'S SUBDIVISION; thence East along said North boundary line, 65 feet to the Point of Beginning. LESS that portion of above described tract lying Westerly of a line described as follows: e e Commencing at Northeast corner of said Block 2 of JA GORRA'S SUBDIVISION; run thence West along North line of said subdivision, 50.15 feet to a Point of Beginning of said line; thence Northerly 97.22 feet more or less to a point in South boundary line of Cedar Street; said point being 64.91 feet West of Southwest corner of said Cedar Street and Osceola Avenue, said point also being the Point of Ending of said described line. Parcel 3: Lots 1,2, 3, 8 and 9 in FT BLISH SUBDIVISION, Clearwater Florida, according to the map or plat thereof recorded in Plat Book 1, page 27, of the Public Records of Pinellas County. Parcel 4: The West 150 feet of the East Yz of the North 66 feet of the South Yz of the Northwest % of the Northwest % of the Northeast % of Section 33, Township 31 South, Range 16 East, Pinellas County, Florida. Parcel 5: Lot 1 of SUE BARCO SUBDIVISION, according to the map or plat thereof as the same appears of record of Plat Book 1, page 26, of the Public Records of Pinellas County, Florida. Parcel 6: Lot 10 of F.T. BLISH SUBDIVISION, according to the map or plat thereof as the same appears of record in Plat Book 1, page 27, of the Public Records of Pinellas County, Florida. Parcel 7: Beginning at the Northwesterly corner of Lot 10 of F.T. BLISH SUBDIVISION, according to the plat thereof recorded in Plat Book 1, page 27, of the Public Records of Pinellas County, Florida; thence run Westerly along the projection of the Northerly line of said Lot 10,23.7 feet; thence Southerly along the Easterly right-of-way line of Osceola Avenue as it existed August 30, 1939 and now exists, 46 feet; thence Easterly along the projection of the Southerly Line of said Lot 10, 12 feet to the Southeasterly corner of said Lot Ten; thence Northerly along the Westerly boundary of said Lot 10, 50.064 feet to Point of Beginning. Parcel 8: Lot 1, Block 2 of JA GORRA SUBDIVISION, according to the map or plat thereof recorded in Plat Book 1, page 44, of the Public Records of Pinellas County, Florida. By e . NAMES OF ALL PERSONS HAVING CONTRACTUAL INTEREST IN PROPERTY Donald L. Harrill 670 Island Way #305, Clearwater, Florida 33767 Gerald A. Figurski 2435 US. Highway 19, Suite 350, Holiday, Florida 34691 J. Ben Harrill 2435 US. Highway 19, Suite 350, Holiday, Florida 34691 ~ Florida Mame & Resort Developers, Inc. 2435 US. Highway 19, Suite 350, Holiday, Florida 34691 WIiffi ~ ~ W lay===-- e PARCEL NUMBERS 09-29-15-02718-000-0130 09-29-15-02718-000-0230 09-29-15-32184-001-0010 09-29-15-32184-002-0020 09-29-15-09252-000-0010 09-29-15-32184-002-0011 EXHIBIT "B" e r~ilE G \TI 1 \\ =-\ \~ y --:::=:: - . A!!jacent Property Owners City of Clearwater 112 South Osceloa Ave. Clearwater, Florida Pine lIas COlmty School Board C/o Superintendent 301 4th S1. S. W., Largo, Florida J ancinto Castelllano & Elena Betes 908 North Osceola Ave. Clearwater, Florida 33755 Dr. & Mrs. S. R. Morgan 301 Cedar Street Clearwater, Florida 33755 Moss Feaster Funeral Home C/o SCI Funeral Services Corporation Property Tax Department P. O. Box 130548 Houston, Texas 77219-0548 Mr. Fred Allen 806 North Osceola Ave. Clearwater, Florida 33755 Christine Kische- W olbrandt 303 Cedar Street Clearwater, Florida 33755 ilf[[@ ~ 0 m 111~ U1J ' ~ By___ ... . . EXHIBIT "e" (REVISED 11/13/00) The applicant proposes to develop 140 attached dwellings in an eight (8) story structure elevated over parking at a height not exceeding one hundred feet (100'). The project will include a restaurant of seven thousand square feet, a ship's store/marina office of two thousand square feet, an office building of four thousand five hundred square feet, a one hundred twelve wet slip marina, and 381 parking spaces. The project will consist of the redevelopment of the existing full service marina and boatyard into an upscale Key West style village and marina. The present conceptual design of the condominium structures calls for an eight story building over parking with a stucco exterior of a light coral color accented by blue contrasting hip/mansard roofing and detailing. Each unit will have balconies overlooking the bay. The restaurant and ship's store will be designed and constructed in keeping with the project's Key West architecture and a color scheme matching the condominium units. A preliminary conceptual sketch of the Key West Village concept is attached hereto. While the sketch has not received final approval from the owners, it does reflect, in concept, the architectural character which the developer will seek to achieve in the redevelopment of the project. In addition, while those existing buildings surrounding the project lack a central architectural theme, the developer will attempt to successfully integrate the Key West Village into the surrounding neighborhoods. r...-'.."'..... i..-j \'\ n I.'-::::J r-....."......'\ '. i '/IIL"IO" f""--"-. ".'. . '.1 ~ \ ..... '. r. ........J ':~. IU~r- UVb11 \i lnl[ I ~ l.cuG I~ PLANNING & DEVELOPMENT SERVICES CtlY OF CLEARWATER - e . EXHIBIT "C" ~~~Cfl{DW ~W IBY PROPOSED USE AND SIZE /1 ) t " \./ ./ It""" " The applicant proposes to develop 140 attached dwellings in an e~~ story structure elevated over parking at a height not exceeding 150 feet. The project will include a restaurant of 7,500 square feet, a ship's store/marina office of2,500 square feet, a 112 wet slip marina, an office building of 5,000 square feet and non-residential parking. e . EXHIBIT "D" l,i)~,:1"~,lr-@ . ~ ~ \fl~. ~'I II r .... I ,I .'. II.. IE3Y DESCRIPTION OF REQUEST Applicant seeks flexible development approval for attached dwellings, retail, marina, office, parking and restaurant for the subject property. ~ . CLEARWATER BAY MARINA i I ~ ;, PLANNING is' SEF{\/iCES ! Cl1Y OF CLEt\fiWA,TER B. Attached dwellinGs. ; I'; ;': i il. ;'i " II.' I l." [ Flexibility criteria: 1. Lot area and width: There is no reduction in lot area. 2. Location: There is no direct access to an arterial street. 3. Height: a. The increased height results in an improved site plan because it allows use of the land and its view to the fullest while at the same time maintaining the marina. The marina will be more residential in nature. Overall, the structures and site plan are consistent with the intent of the Downtown District. Additional upscale residential and commercial structures are an important component of a healthy mix of uses in this area. These uses will also stabilize and support other service uses nearby. b. Parking will be located on the ground floor of the condominiums. The increased height is necessary to allow this improvement of off-street parking on the ground floor of the residential building. 4. Setbacks: There are no setback reductions requested. 5. Off-street parking: The application proposes a reduction in forty (40) spaces of off-street parking, specifically in the spaces required for the marina. These spaces will not be necessary in that forty (40) of the wet slips will be assigned to the condominium buildings. 6. The Tourist District design gUidelines have not been written. E. Marina facilities. 1. The parcel proposed for development is not located in the areas identified. 2. The marina facilities will be screened from the adjoining residential areas by virtue of landscaping as shown on the site plan. 3. Setbacks: There are no setback reductions requested. 4. The Tourist District design gUidelines have not been written. Page 1 CLEARWATER BAY MARINA f,;:''-''. , 't~ _,'~,-' ,'-, <#'*1-""" \,~:: ) flJll" ',1.__/<:' 'I j II I ! W I General Standards PI,.j\r'H"Jl~~(J 8l\ - 1. . . CITY OF: CLEJ'JlW/\ T!=R The proposed development of the land will b~'-tliEL,._ scale, bulk, coverage, density, and character of adjacent properties in which it is located. The City's 1993 Periphery Plan identifies these parcels for a revitalized, high density residential extension of downtown. This proposal includes high end condominiums with amenities, conversion of the commercial marina and boatyard to a more residential in nature marina, a restaurant, and an office. It will establish a positive redevelopment precedent for the area. 2. The proposed development will not hinder or discourage the appropriate development and use of adjacent land and buildings or significantly impair the value thereof. The site is zoned Tourist with a small parcel being Medium Density Residential District. All parcels are anticipated to be changed to Downtown District. The proposed development will be in compliance with both zoning classifications. The proposed development will help generate a better mix of residential and pedestrian uses served by a quality restaurant. The proposed complex will stabilize and likely enhance property values in the area. An expected increase in property value will have a beneficial affect on surrounding property. The proposed project is specifically geared to take advantage of the views of the waterfront and Clearwater Harbor. It is also intended to aid in the revitalization of the downtown area. This location provides a unique opportunity to redevelop a portion of Clearwater Harbor that is currently underutilized. Additional residential development is a key component to the success of the area and downtown. The proposed development will play an important role in the continuing revitalization of Downtown Clearwater. The City and its citizens will benefit by having an attractive complex located in a redeveloping area. The proposed uses and landscape enhancements will significantly improve the site. 3. The proposed development will not adversely affect the health or safety or persons residing or working in the neighborhood of the proposed use. The proposed uses are permitted in the zoning district, and should not create any adverse health or safety impacts on the neighborhood. The plan proposes the elimination over time of commercial boating and boat repair facilities which Page 1 ,..... -- CITY OF - I ./J , CLEARWA.'TE 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 DIVISION NEIGHBORHOOD SERVICES January 2, 2001 Mr. Donald Harrill Florida Marine and Resort Developers, Inc. 670 Island Way #305 Clearwater, Florida 33767 RE: Development Order regarding case FL 00-10-46 - 880, 900 and 908 North Osceola Avenue. Dear Mr. Harrill: This letter constitutes a Development Order pursuant to Section 4-206 D.7 of the Community Development Code. On December 12, 2000, the Community Development Board reviewed your application for Flexible Development approval to increase the height of attached dwellings from 35 feet to 100 feet and to reduce the (north) side setback from 10 feet to three feet (to an emergency access aisle), with a Comprehensive Landscape Program. The proposal includes the redevelopment of the existing Clearwater Marina to include a 140-unit condominium, 112-slip marina, a 7,000 square foot restaurant, a 2,000 square foot retail shop, and a 4,500 square foot office. Based on the application and the staff recommendation, 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 subject to the following conditions: 1. That a building permit for either the attached dwellings or restaurant be submitted within two years from approval of the site plan (December 12, 2002); 2. That the existing chain link fence along the south property line be replaced with a decorative fence including masonry columns and metal grill work; 3. That a gate be installed along the south property line to prevent restaurant patrons from parking at the Seminole Boat Ramp (City-owned) property; 4. That the existing curb cut along the west side of Ft. Harrison A venue be removed and reflected on a revised site plan; BRIAJ'\.) J. AUNGST) IvL\YOR<:OMlvUSSIONER J.B. JOHNSON} VICE Ivl!\YOR-COi\,iivlISSIONER BOB CLARK) CO~i:'.iISSI00:ER ED HART, COM~iISSIONER ED HOOPER, CmlM!SSIor<ER EMPLOYMENT AND A.FFlfu\iATIVE ACTION EMPLOYER" Harrill, Page 2 880,900 and 908 North Osceola Avenue - Development Order January 2, 2001 - - 5. That all signage be integrated/coordinated with the building architecture and all freestanding signs be limited to monument-style signs; 6. That the final design of all new buildings be architecturally coordinated and consistent with the conceptual elevations as submitted; 7. That emergency access be provided to the south/west of the proposed restaurant/retail buildings, to the satisfaction of the Fire Marshall, prior to issuance of building permits; 8. That the cover for the boat slips along the east end of the marina be removed prior to any building permits for the attached dwellings; 9. That the balconies and views of the northernmost bank of the condominium units be oriented to the northwest, and the building line of the condominium adjacent to the residential properties to the north shall extend no farther east than what is generally shown on the sketch attached hereto as Exhibit A; 10. That no air conditioners or other mechanical equipment be located along the northern and eastern property lines and that they be located on the roof, to the extent feasible; 11. That there shall be no outdoor music or outdoor speakers at the proposed restaurant on the property; and 12. That at such time as the applicant obtains a building permit for the proposed condominium building, the applicant shall install landscaping on the property located at 301 Cedar Street (Morgan residence) generally consistent with the landscaping plan attached hereto as Exhibit B (the property owners of 301 Cedar Street will be responsible for the maintenance of same landscaping). Pursuant to Section 4-407, an application for a building permit shall be made within one year of Flexible Development approval (January 2, 2002). All required certificates of occupancy shall be obtained within one year of the date of issuance of the building permit. Time frames do not change with successive owners. The Community Development Board may grant an extension of time for a period not to exceed one year and only within the original period of validity. Please remember that a building permit and impact fees will be required prior to the construction of the project. Should you have any questions, please call W. Ryan Givens, Planner at 727-562-4504. Very truly yours, tJ~~ Jv Edward Mazur, Vice Chairman Community Development Board Cc: Gerald Figurski Ed Armstrong, Johnson, Blackely, Pope, Bokor, Ruppel & Burns, P.A. Attachments as Noted (Exhibits A and B) Harrill, Page 3 880,900 and 908 North Osceola Avenue - Development Order January 2, 2001 e - 140 UNITS 210 PARKING SPACES 12 STORIES OVER PARKING 2.8 ACRE ::I: SITE /.:'~//' ."..... ....... --.." .......... ...- .............-. -.......... .... "......- "::.~:::' :::::;. .' ..::..::..::::..:::.::...... -------- ------ - SLIP AREA TO BE RENOVATED (FOR USE OF CONDOMINIUM AREA) (17 SLIPS) Exhibit A Harrill, Page 4 880,900 and 908 North Osceola Avenue - Development Order January 2, 2001 tit -- .. . '. . .......~. .' 0 .' ... 1}2 ro~~ .5 ': '..(IIff/:il5Mfillr)J~ /P-iz/er< .'ljf8.~~:' : .- --'.' -"'-1-'--.-"'-' ....--. .. . . . . .- -"-'--' ,-- .-~--_. .-. .-. ---- '. ":" .':' Jtlb~ ~lciwd; . .. ?iil .~ sr; ". . c.~M.~lL,.. .' ....' I.i)!;.' . ::'~,::' .' : :.12.....~.,4l.. .:.. ~~...'~~::.. . ..... - .. ,.".. "-' ~/ti1. "-'~-" Exhibit B National Society of Professional Engineers Florida Engineering Society American Society of Civil Engineers Florida Surveying and Mapping Society American Congress on Surveying and Mapping Institute of Transportation Engineers Florida Planning and Zoning Association National Association of Environmental Professionals . . ()~~ Q~ , Engineers - Surveyors - Planners January 8, 2001 Mr. Ryan Givens Planning and Development Services City of Clearwater 100 South Myrtle Avenue Clearwater, Florida 33756 Re: Clearwater Bay Marina Final Site Plan Dear Mr. Given: As requested, enclosed is one (1) set (24" x 36" - 5 sheets) of the Final Site Plan for the captioned project. This plan has been revised to reflect the conditions of approval that were imposed by the Community Development Board. Please let us know if you have any questions or if you need any additional prints of this plan. ) ./ TEVENS I 0) lE~[E~~t~1 D~ \1 :. j; JAf~' -:::J \ L ~ PLANU!:~G & Dr:\',: _'_':-:;~,w~NT :~[~l /;; ':=:~r i J~ enclosure cc: Donald Harrill w/1 set of plans Gerald A. Figurski, Esquire w/1 set of plans Ben Harrill, Esquire w/1 set of plans C(v ',.':: CUi I .~. -.' ~:.~ c'{ 29228 U.S, Hwy. 19 North Clearwater, Florida 33761 www.lbsonline.com Pinellas: (727) 784-3965 Pasco: (727) 842-7635 Fax: (727) 784-8153 ~ I I _At'~~;r'HSSIOH \/E I _ R"'CATION REPORT. TIME HAHE FAX TEL 12/05/20fl0 14: 5'_=1 F'lAH - 7~75524575 7..275524557 DATE,TIMF F A>< HO. /HAME DURA T I Ot-,J PAC:iE (S) RESULT MODE 12/05 14:44 g452835~ 80:14:04 25 OK qAHDARD NATURE SAVER'" FAX MEM " r~-~..---- . 0 0 1616 I Date, '.' I " . TO.. i:::-I:. . ------. -'~' I L..'.b 10-...."0; ",' 2 .~ ] , ~cx. i-1-" . " , --r-~--'-c'~-"- '" pages"'" c:. I_~~_I N\~""""P. "".... . 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'-:ICI 1 t:1. - Ll. .L,I_I []f.< ~3T Arm?\F'D E(~r'", . TH'lE . t'W.'lE : FA" . TEL 1 ::~./ 01:,,/ 2~71n'7; FU4H -- -- '.' 7275t,24"i7F= 7275El245Ej7 14:42 J // 'j ..--- ;--..... I N........ U',." :T--{"-C.. l/ C;S~O e'l CD ~JI.,8 1" C Sc..c1<" ~+', -I 1 I i I I .--J ,(..- /..~./. DATE, TIt-1E F A>< rJo. ,/ HAHE DURATIOH PAGE C3) RE~3UL T MODE ~ AH:3MI'3O;::;IOH \iEF:IFIC:ATImj- R~F'iJRT . ~ TIME 12/06/2000 16:56 ~jAME F'LAH FAX 7275624576 TEL 7275624567 12,/Ot, it,: 45 'j442::::7~:8 00:10:4E: 17 m< '3T AHDAF;D l I i I , , [ r I I FAX MESSAGE CITY OF CLEARWATER PLANNING & DEVELOPMENT SERVICES ADMINISTRATION 100 S. MYRTLE AVE. CLEARWATER" FL 33756 (727) 562-4567 FAX (727)562-4576 TO: :1e+.~ f'tl c\L~\ f, (-It:\ FAX: Y'--\ ':.) - :) <'73 'g FROM: S' \ \ ()_i'-;, u~ ;-t- < \ \ a-. J l:, \ (:) c~ ~ 5 (.;,2--. '-Ie;) ~L DATE: MESSAGE: <S.~.k/ . Cc-c<f~ +-i'_ .\~'-' \ 2-. \ \-2- Cu (~ ~.- <s... L-r1~ l~~'fl"'- ~, . . NUMBER OF PAGES(INCLUDING THIS PAGE) \ "1 LL - :) >- f- U Updated as of 12/5/00 AGENDA COMMUNITY DEVELOPMENT BOARD Date: Tuesday, December 12,2000 Time: 1 :00 p.m. Place: 112 South Osceola Street, 3rd Floor, Clearwater, Florida, 33756 (City Hall Commission Chambers) The City of Clearwater strongly supports and fully complies with the Americans with Disabilities Act (ADA). Please advise us at least 72 hours prior to the meeting if you require special accommodations. Assisted listening devices are available. Kindly refrain from using beepers, cellular telephones and other distracting devices during the meeting. Florida Statue 286.0105 states: Any person appealing a decision of this Board must have a record ofthe proceedings to support such appeal. CALL TO ORDER, INVOCA TrON, PLEDGE OF ALLEGIANCE ROLL CALL Chair Figurski Vice-Chair Mazur Gildersleeve Johnson Moran Petersen Plisko City Staff A. REQUESTS FOR CONTINUANCES: None B. CONTINUED ITEMS: 1. Case: ANX 00-08-22 - 2217 South Lagoon Circle Owner(s)/Applicant: John A. Shaw & Cathie A. Shaw. Location: 0.14 acres located on the south side of Lagoon Circle South, approximately 230 feet east of Belcher Road. Request: (a) Annexation of 0.14 acres to the City of Clearwater; (b) Land Use Plan amendment from RL, Residential Low (County) to RL, Residential Low Classification (Clearwater); and (c) Rezoning fi'om R-3, Single-Family Residential District (County) to LMDR, Low Medium Density Residential District (Clearwater). Presenter: Etim S. Udoh, Senior Plam1er. CDB agenda - 12/12/00 - Page 1 2. - - Case: FL 00-08::'33 - 3006 Gulf-to-Bay Boulevard Owner: Thanh Phuoc Ngyuen. Applicant: Michael S. Caruso. Location: 0.28 acres located on the north side of Gulf-to-Bay Boulevard, approximately 42 feet west of Meadow Lark Lane. Zoning: C, Commercial District. Request: Flexible Development approval of a nightclub within the Commercial District, with a reduction in the required number of parking spaces from 20 spaces to 18 spaces, as a Comprehensive Infill Redevelopment Project with Comprehensive Landscape Program. Proposed Use: A 2,132 square foot nightclub. Presenter: Mark T. Parry, Planner. 3. Case: FL 00-07-29 ~ 7 Rockaway Street Owner: Ypapanti and Sevasti Alexiou. Applicant: Kirk Construction. Location: 0.38 acres located on the north side of Rockaway Street, approximately 500 feet west of Mandalay Avenue. Zoning: T, Tourist District. Request: Flexible Development approval to reduce the front (north) setback along Rockaway Street from 10 feet to zero feet, reduce the rear (south) setback from 10 feet to zero feet, reduce the required number of parking spaces from 71 spaces to 13 parking spaces, as part of a Comprehensive Infill Redevelopment Proj ect. Proposed Use: A 3,487 square foot second-story addition to an existing restaurant. Presenter: Mark Parry, Planner. c. LEVEL THREE APPLICATIONS: 1. Case: Park Place Development of Regional Impact (DR!) amendment Owner(s): Park Place Land, Ltd., c/o Clinton International Group, Inc. Applicant: Tim Johnson. Location: Generally between Drew Street and Gulf to Bay Boulevard, and U.S. Highway 19 (frontage road) and Hampton Road. Zoning: C, Commercial, IRT, Industrial Research and Technology, 0, Office, and P, Preservation Districts. Request: Notification of Proposed Change to the approved DR! to: 1. Reduce approved office and retail space; 2. Provide a land use conversion factor for multi-family and/or hotel uses for Parcel 6 ofthe DRI; and 3. Extend the buildout date of the DRI by three years to December 31, 2003. Presenter: Gary L. Jones, Senior Planner. CDB agenda - 12/12/00 - Page 2 D. LEVEL TWO!PPLICATIONS: - 1. Case: FL 00-10-36 - 3042 Geiger Court Owner(s)/Applicant: Warren and Beth Wilson. Location: 0.42 acres located on the north side of Geiger Court, approximately 500 feet east of Landmark Drive. Zoning: LDR, Low Density Residential District. Request: Flexible Development approval to reduce the side (west) setback from 15 feet to six feet and reduce the rear setback from 25 feet to 10 feet, as part of a Residential Infill Proj ect. Proposed Use: A 935 square foot, two-story addition to an existing 4,090 square foot, single-family dwelling. Presenter: Ryan Givens, Plmmer. 2. Case: FL 00-10-38 - 3164 San Pedro Street Owner(s)/Applicant: Lawrence E. Boone. Location: 0.25 acres located on the north side of San Pedro Street, approximately 175 feet east of Madera Avenue. Zoning: LDR, Low Density Residential District. Request: Flexible Development approval to reduce the side (west) setback from 15 feet to 8.4 feet as part ofaResidential rnfill Project. Proposed Use: A 304 square foot addition (storage) to an existing 2,400 square foot single-family dwelling. Presenter: Ryan Givens, Planner. 3. Case: FL 00-10-39 - 1931 Oak Ridge Court Owner: Joseph C. Patty, Jr. Applicant: Hugh Grant. Location: 0.53 acres located on the northeast comer of Oak Ridge Court and Sunset Point Road. Zoning: LDR, Low Density Residential District. Request: Flexible Development approval to reduce the front (south) setback from 25 feet to 20 feet, as part of a Residential Infill Project. Proposed Use: A 495 square foot (front loading) garage addition to an existing 4,526 square foot single-family dwelling (with side loading garage). Presenter: Ryan Givens, Planner. 4. Case: FL 00-10-41- 3261 San Pedro Street Owner/Applicant: John Breen. Location: 0.26 acres located on the south side of San Pedro Street, approximately 150 feet west of Maximo Avenue. Zoning: LDR, Low Density Residential District. Request: Flexible Development approval to reduce the side setback (east) fi-om 15 feet to 13 feet and to reduce the rear setback (south) from 25 feet to 23 feet, as pari of a Residential Infill Project. Proposed Use: A 647 square foot addition to an existing 1,750 square foot single- family residence. Presenter: Ryan Givens, Planner. CDB agenda - 12/12/00 - Page 3 , 5. 7. Case: FL 00-10!t - 105 South Myrtle Avenue fit Owner: Glenn Warren. Applicant: Business Records Management Inc. Location: 0.68 acres located on the southeast comer of Park Street and Myrtle Avenue. Zoning: D, Downtown District. Request: Flexible Development approval of a temporary records storage business in the Downtown District not to exceed one year, as part of a Comprehensive Infill Redevelopment Project. Proposed Use: An 8,847 square foot records storage establishment within a 10,000 square foot building. Presenter: Ryan Givens, Plamler. 6. Case: FL 00-10-40 1426 McMullen Booth Road Owner/Applicant: La Canada Holding Company/James Rapp for Sunset Mercantile Limited Partnership. Location: 5.07 acres located on the west side of McMullen Booth Road, approximately 1,200 feet south of SR 590. Zoning: IRT, Industrial Research Technology District. Request: Flexible Development approval to permit a self-storage business in the IR T District with a reduction in the required number of parking spaces from 174 spaces to 147 spaces, as part of a Comprehensive Infill Redevelopment Project (amendment to approved site plan - June 20, 2000 Community Development Board meeting). Proposed Use: A 123,000 square foot self-storage establishment. Presenter: Mark T. Parry, Planner. Case: FL 00-10-37- 14 South Evergreen Avenue Owner: Dennis and Rebecca Dunn and John and Anna Boyce. Applicant: First Impressions. Location: 0.14 acres located at the northwest comer of Park Street and South Evergreen Avenue. Zoning: C, Commercial District. Request: Flexible Development approval of a light assembly establishment within the Commercial District with a reduction in required parking from six spaces to four spaces, as a Comprehensive Intill Redevelopment Project with Comprehensive Landscape Program. Proposed Use: A 1,600 square dental laboratory. Presenter: Mark T. Parry, Planner. CDB agenda - 12/12/00 - Page 4 E. 8. - - Case: FL 00-10-..;- / - 1825 Gulfto Bay Boulevard Owner: Seydo Kurdi. Applicant: Amscot Corporation. Location: 0.30 acres located on the southeast comer of Virginia Avenue and Gulf to Bay Boulevard. Zoning: C, Commercial District. Request: Flexible Development approval to permit a problematic use in the Commercial District within a building which does not meet all the current land development regulations and is located within 500 feet of another problematic use, as part of a Comprehensive Infill Redevelopment Project, with Comprehensive Sign Program and Comprehensive Landscape Program. Proposed Use: Check Cashing (problematic use) as part of a financial institution with tax service and currency exchange. Presenter: Mark T. Pan)', Planner. 9. Case: FL 00-10-46 - 880,900 and 908 North Osceola Avenue Owner(s): Jim Dan Incorporated, Jacinto Castellano & Elena Betes. Applicant: Florida Marine and Resort Developers, Inc. Location: 8.89 acres located on the west and east side of Osceola Avenue, west of Fort Harrison Avenue (south of Nicholson Street). Zoning: C, Commercial, MDR, Medium Density Residential District, P, Preservation, and T, Tourist Districts. Request: Flexible Development approval to increase the height of attached dwellings from 35 feet to 100 feet, reduce the side (north) setback from 10 feet to three feet (to an emergency access lane) with a Comprehensive Landscape Program. Proposed Use: A 140-unit, laO-foot condominium building, a 7,000 square foot restaurant, a 4,500 square foot office, a 2,000 square foot ship's store/marina office, a 1 12-wet slip marina. Presenter: Ryan Givens, Planner. DIRECTOR'S ITEMS: · Approval of minutes from November 21,2000 meeting · Annexation, land use plan amendment and rezoning cases F. ADJOURNMENT S.\Planning DeparimelJilC D Blagcndas DI~C & CDBICDBI200011 2 Decemberlcdb agenda 121 200.doc CDB agenda -- 12/12/00 - Page 5 tit - CDB Meeting Date: Case Number: Agenda Item: December 12, 2000 FL 00-10-46 D9 CITY OF CLEARWATER PLANNING AND DEVELOPMENT SERVICES ADMINISTRATION STAFF REPORT BACKGROUND INFORMATION: OWNER: Jim Dan Incorporated, Jacinto Castellano and Elena Betes LOCATION: 880,900 and 908 North Osceola Avenue REQUEST: Flexible Development approval to increase the height of attached dwellings from 35 feet to 100 feet and to reduce the (north) side setback from 10 feet to three feet (to an emergency access aisle), with a Comprehensive Landscape Program. PLANS REVIEWED: Site plan materials submitted by Lloveras, Baur & Stevens SITE INFORMATION: PROPERTY SIZE: 8.89 acres (4.52 submerged acres and 4.37 upland acres) DIMENSIONS OF SITE: The property is an irregular lot of approximately 400 feet by 600 feet. PROPERTY USE: Current use: Proposed use: Marina, marina work bays, retail, cruise ship charter, dive charter, sail charter and dry storage of boats Attached dwellings, office, restaurant, retail and boat slips PLAN CATEGORY: CBD, Central Business District Classification ZONING DISTRICTS: T, Tourist District, MDR, Medium Density Residential Distlict, P, Preservation District & C, Commercial District. (Pending City-initiated rezoning to D, Downtown District as pari of the Periphery Plan) Page 1 - - ADJACENT LAND USES: North: Single-family West: Clearwater Harbor East: School and Office South: Public Boat Ramp, Funeral Home and Theater CHARACTER OF THE IMMEDIATE VICINITY: The immediate vicinity is a mix of land uses including single-family, office, retail, and public boat ramps. ANALYSIS: The parcel is 8.89 acres located north of downtown Clearwater and abuts Clearwater Harbor to the west. Approximately 4.5 acres is submerged land and 4.37 acres is upland. The propelty is located on a slopped bluff with a grade differential of approximately 23 feet. The parcel is located approximately 200 feet north of Seminole Street and west of Ft. Hanison Avenue. The north property line is bound by Nicholson Street and also extends north approximately 170 feet. North Osceola A venue bisects the propelty and divides it into two distinct parcels. Site Description The property has array of existing structures. A small wood-frame house and a two-story garage with a rental unit are located along northeast propelty line fronting North Osceola Avenue. Boat repair and storage bays occupy the area along the north property line. There are continuous open and covered boat slips in the water along the east end of the marina. The Sun Cruz charter boat leases the site for docking and occupies a one-story, masonry building along the southern property line. A 2,000 square-foot bait shop is located near the southwest corner of the property, adjacent to the public boat ramp. The area between North Osceola Avenue and Ft. Harrison A venue is occupied by a two-story masonry building and is presently being leased as apartments. The property is almost entirely covered by asphalt. The vegetation along North Osceola Avenue is poorly maintained. The overall site appearance is poor and is targeted for redevelopment within the City's Periphery Plan. Neighborhood Character The surrounding character includes a mix of land uses. North Ward Elementary School is located across Nicholson Street, northeast of the property. A mix of single-family and small multi- family buildings are located along the northwest property boundary. A funeral home and the Clearwater Little Theater are located along the southern propelty lines. The Seminole Street boat launching ramp is adjacent to the southwest corner of the site. Generally, the area remains in fair condition. Land Use Regulations/ Periphery Plan The City Commission adopted the Periphery Plan in 1993 for the area north of Jones Street, south of Nicholson Street and west of the Pinellas Trail. It identified the vicinity as a redevelop- ment area that has a locational advantage of being in the vicinity of the City's downtown. A land use plan amendment was approved which designated the area as Central Business District on the land use map. The appropriate Downtown zoning district was never applied to the area at the time. The rezoning of this area to the Downtown zoning district is scheduled for review by the Page 2 - - City Commission in February 2001. The Comprehensive Plan references the special area plan to determine the intensity for development with a CBD land use classification. The Periphery Plan, being the special area plan, allows a maximum density of 50 dwelling units per acre for parcels in excess of two acres. The Plan allows a maximum Floor Area Ratio (FAR) of 0.50 for nonresi- dential uses. The Periphery Plan has been recommended for approval by the Community Development Board and is scheduled for final disposition by the City Commission. Site Plan Summary The proposal includes a plan to transform the site into a mixed-use, Key West-style village and marina setting. The redevelopment proposal includes a condominium building with 140 units, a restaurant, retail space, an office building and 112 private boat slips. The existing wood-frame house, two-story garage, and boat repair facilities will be removed and replaced with an eight- story condominium building over a 210-space parking garage. The exterior will be light coral colored stucco accented by blue contrasting hip/mansard roofing and detailing. Each unit will have balconies overlooking the bay. The Sun Cruz masonry building will be removed as will any eXIstIng charter services and replaced with a 7,000 square-foot restaurant. The restaurant will include a deck that extends into the private marina over the water. The existing retail shop will be remodeled and continue to operate with the addition of the site's rental office. The restaurant and retail shop will be designed and constructed in keeping with the project's Key West architecture and color scheme. The two buildings are proposed approximately two feet from the south property line, adjacent to the public boat ramps. The Fire Code requires that a minimum of a 20-foot emergency access aisle be provided adjacent to the restaurant, retail/office building and the fuel facilities. As a condition of approval, staff recommends this issue be addressed before the issuance of a building permit for the restaurant and/or retail/office building. Additionally, the parking for the restaurant must be provided on site and shall not impact the public boat ramp parking. As a solution, a barrier should be constructed to prevent restaurant patrons from parking at the boat ramp property. The proposal includes renovating and retaInIng 112 boat slips; 40 slips reserved for the condominium and 72 slips to be leased to the general public. Several existing boat slips will be renovated to remove any covered docks. The existing 92 "high and dry" boat storage bays will be eliminated. This will also improve the Fire Department's effectiveness to detain potential fires in the attached dwellings. The two-story, masonry building along Ft. Harrison will be converted to a larger 4,500 square feet office. Two vehicular access points will be provided from North Osceola A venue; the northern-most entrance will be restricted for resident use. The property adj acent to Ft. Harrison A venue is accessible from North Osceola A venue and Ft. Hanison A venue. The existing masonry building has a minimal setback along Ft. Harrison Avenue and creates site visibility constraints and traffic hazards. Staff recommends that the curb cut along the Ft. Harrison road frontage be closed. A designated pedestrian pathway is provided to allow residents to safely access North Osceola Avenue and be separated from automobile access aisles. A six-foot sidewalk will be constructed along the west side of North Osceola A venue. Page 3 - - The proposed site intensity is consistent with the 1993 Periphery Plan and the proposed Peliphery Plan 2000 update. The Periphery Plan allows for a floor area ratio of 0.5 and an allowable density of 50 dwelling units per acre for prope11ies in excess of two acres. The site is 8.89 acres of which the 4.37 of upland acreage will be used to calculate the project intensity. After calculating the mixed-use fOlIDula, it was found that the site's development potential is not maximized with respect to density by 47 dwelling units. In other words, the proposed project meets the density and intensity requirements and does not utilize all of its development potential. (Refer to the table below that illustrates the mixed-use land intensity calculation.) . .. . II Uland Acreaae 4.37 acres (190,357 s uare feet) Floor Area Ratio 0.5 Density 27,000 square 13,500 square feet of feet of land Required land for 0.5 Floor Area proposed 0.5 X 13,500 = (0.61 acres) is nonresidential uses Ratio is allowed nomesidential uses 27,000 required for nomesidential uses 163,357 190,357 square 27,000 square feet of square feet of Remaining land to feet of upland land land is required for 190,357 - land (3.75 calculation density area (4.37 acres) nomesidential uses 27,000 = acres) remains 163,357 to calculate densit 3.75 acres 187 dwelling Allowable density (163,357 square 50 dwelling units per units is calculation feet) remains to acre is allowed 3.75 X 50 = 187 permitted on calculate density the remaining land area Summary 187 dwelling units are allowed 140 dwelling unit are proposed 187-140=47 Request The request is to increase the height of the condominium building from 35 feet to 100 feet and to reduce the (north) side setback from 10 feet to three feet for an emergency access aisle. The request also includes a Comprehensive Landscape Program. The other elements of the proposal do not require approval from the Community Development Board. The Tourist District allows flexibility with regard to height as pm1 of a Flexible Development application for a maximum of 100 feet. Height is measured from the mean elevation of the existing grade to the highest finished roof surface (flat roofs) or midpoint of the peak/eave of the main pitched roof. The request is for 100 feet above the base flood elevation. Page 4 - e The property is located on a slopped surface with a grade differential of approximately 23 feet. The land adjacent to the water is approximately six feet above sea level; whereas, the land adj acent to Ft. Harrison A venue has an elevation of 29 feet. As seen from Ft. Harrison A venue looking west, the proposed building height will be perceived at 77 feet due to the natural topography. The general vicinity, specifically along Clearwater Harbor, is a focus for redevelopment. Two blocks to the south, the Harbor Bluffs waterfront condominium development has a height of approximately 100 feet. South of Georgia Street, the Osceola Bay Club development was approved in June 2000 for a height of 150 feet. The Belvedere Apartments just north of Jones Street has an approximate height of 75 feet. The Downtown District (to which the site will be rezoned) permits up to 150 feet for sites which front on Clearwater Harbor. The proposed height is consistent with other development in the vicinity and will be consistent with a downtown character as recommended in the Periphery Plan. The reduction in the side setback from 10 feet to three feet is requested for a 30-foot emergency vehicle access aisle along the north side of the condominium building. Due to the building design, the parking layout and the nalTOW lot size, the emergency aisle could not be relocated and must encroach the side setback. The increased building height, side setback reduction and comprehensive landscape program are justified by the quality conceptual design, its consistency with the Plan's objectives and the unique lot shape. CODE ENFORCEMENT ANALYSIS: The site has a history of code enforcement violations and complaints. These items include noise created by generators, parking problems and extended hours of operation. The proposal is expected to COlTect previous Code Enforcement problems by creating more compatible land uses to the adjacent residential and school properties. Page 5 - e A. COMPLIANCE WITH MAXIMUM DEVELOPMENT POTENTIAL STANDARDS IN THE T, TOURIST DISTRICT: IMPERVIOUS SURFACE RATIO* * The property is located in a special area plan referred to as the Periphery Plan; Development potential standards are reflected based on the Periphery Plan. STANDARD FLOOR AREA RA TIO* DENSITY* PERMITTED/ EXISTING REQUIRED PROPOSED IN COMPLIANCE ? 0.5 (95,178 s uare feet) 50 dwelling units per acre (218 uni ts ) 0.95 0.15 (29,658 s uare feet) o units 0.07 (13,500 s uare feet) 140 units Yes Yes 0.56 0.85 Yes B. FLEXIBILE DEVELOPMENT STANDARDS IN THE T, TOURIST DISTRICT: o spaces - 210 spaces _ residential; residential; 381 189 spaces - spaces - total entire site site * The rear setback is measured from the rear property line to the nearest structure; the rear property line extends into Clearwater Harbor approximately 440 feet from the attached dwellings. STANDARD LOT AREA minimum LOT WIDTH minimum HEIGHT maximum FRONT YARD SETBACK minimum SIDE YARD SETBACK minimum REAR YARD SETBACK minimum PARKING SPACES minimum PROPOSED IN COMPLIANCE? 5,000 - 10,000 387,248 square 387,248 square Yes s uare feet feet - entire site feet - entire site 50 - 100 feet 400 feet 400 feet Yes 35 - 100 feet 30 feet 100 feet Yes o - 15 feet 10 feet 25 feet Yes o - 10 feet 2 feet 3 feet Yes 10 - 20 feet N/A* N/A* N/A* 1.5 per unit- Attached Dwellings Yes Page 6 - e C. T, TOURIST DISTRICT FLEXIBILITY CRITERIA FOR ATTACHED DWELLINGS: 1. Lot area and width: The reduction in lot area will not result in a building which is out of scale with existing buildings in the immediate vicinity of the parcel proposed for development. The proposal does not involve a reduction in lot area or lot width. 2. Location: The use of the parcel proposed for development will not involve direct access to an arterial street. There are no arterial streets contiguous the attached dwellings on this site. Osceola A venue is a local street. The existing curb cut onto Ft. Harrison A venue for the office building is recommended to be closed as part of a condition of approval. 3. Height: a. The increased height results in an improved site plan or improved design and appearance. The increase in height from 35 feet to 100 feet will result in an improved site plan and appearance. The conceptual building design elevation includes a tiered, Key West design with pitched, metal roofs, a stucco fa~ade, and numerous windows. The increased height is consistent with the goals and policies expressed in the draft Downtown Clearwater Periphery Plan 2000 Update to designate the waterfront as high-density residential. The proposal is consistent with a downtown area. b. The increased height is necessary to allow the improvement of off-street parking on the ground floor of the residential building. The majority of the required residential parking will be placed under the building. 4. Setbacks: a. The reduction in front setback contributes to a more active and dynamic street life. There are no proposed front setback reductions as part of this proposal. b. The reduction in front setback results in an improved site plan or improved design and appearance. There are no proposed front setback reductions as part of this proposal. Page 7 - - c. The reduction in side and rear setback does not prevent access to the rear of any building by emergency vehicles. There is a 30-foot emergency vehicle access lane along the nOlth property line that necessitates the three-foot side setback reduction. d. The reduction in side and rear setback results in an improved site plan, more efficient parking or improved design and appearance. The reduction in the north side setback is required to locate a 30-foot emergency access lane. The building itself will not require a reduction in setbacks. 5. Off-street parking: a. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building for storage or other non-parking demand-generating purposes or that the nature of the individual dwelling units and their location is likely to lead to dependency on non-automobile modes of transportation. The parking provided exceeds the requirements of Code. The proposal is integrated into a redevelopment area that intends to enhance a pedestrian environment. The proposal provides identified pedestrian access to the property. b. Off-street parking within the footprint of the residential building is designed and constructed to create a street level fa<<;ade comparable to the architectural character and finishes of a residential building without parking on the ground level. The ground floor parking is intended to match the architectural character of the upper inhabitable areas. A condition of approval will ensure this requirement is met. 6. The design of the building complies with the Tourist District design guidelines in Division 5 of Article 3. Design guidelines have not yet been adopted for the TOUlist District. Page 8 - e 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. Although the area is characterized by a mix of land uses including single-family dwellings and small-scale attached dwellings, the City's vision of the 1993 Periphery Plan includes a revitalized, high density residential extension of downtown. This proposal includes high end condominiums with amenities. It will hopefully establish a positive redevelopment precedent for the area. 2. The proposed development will not hinder or discourage the appropriate development and use of adjacent land and buildings or significantly impair the value thereof. The property is located with in the boundaries of the Periphery Plan. The Plan recommends that the immediate vicinity be rezoned to D, Downtown District and the properties west of Osceola and south of Seminole Street should be redevelopment as multi-story, attached dwellings. Redevelopment of this site as proposed is consistent with the Plan's objectives. 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 proposal will not adversely affect the health or safety of persons residing or working in the neighborhood. 4. The proposed development is designed to minimize traffic congestion. The proposed condominiums, restaurant and retail space will have two ingress/egress points of access from Osceola A venue. The proposed office building to the east will have one ingress/egress point from Osceola A venue and the existing curb cut along Ft. Harrison is recommended to be closed. Sunounding local streets are aligned in a grid pattern and will provide alternate traffic routes. There are designated pedestrian aisles and improved public sidewalks to encourage nonmotorized transportation alternatives. Additionally, the proposal is a mix-use development that will distIibute vehicle trips at varying times of the day. Page 9 - e 5. The proposed development is consistent with the community character of the immediate vicinity of the parcel proposed for development. The site is located within a redevelopment area as defined in the Periphery Plan. The Plan 2000 update intends that this site be redeveloped as a mixed-use waterfront development. The proposed development is consistent with the objectives and goals of the Plan. The high-density, multi-story design is compatible with previously approved developments to the south including Osceola Bay Club and Harbor Bluffs waterfront condominiums. 6. The design of the proposed development mInImIzes adverse effects, including visual, acoustic and olfactory and hours of operation impacts, on adjacent properties. The conceptual building includes a tiered design that minimizes the appearance of bulk. The property is approximately 23 feet lower than the land to the east near Ft. Harrison, whereas, the 100-foot building height will be perceived to be lower due to the slope of the property (approximately 77-feet) from adjacent properties. SUMMARY AND RECOMMENDATION: The application and supporting materials were reviewed by the Development Review Committee on November 6, 2000. The applicant has worked with staff to provide an attractive, well- designed development that will enhance the local area and City as a whole. The development will further the City's goals of improving the character of area and promoting the private sector investment in the areas near Downtown. The Planning Department recommends APPROVAL of the Flexible Development application to increase the height of attached dwellings from 35 feet to 100 feet and to reduce the (north) side setback from 10 feet to three feet (to an emergency access lane), and a Comprehensive Landscape Program, for the property at 880, 900 and 908 North Osceola Avenue with the following conditions: 1. That a building permit for either the attached dwellings or restaurant be submitted within two years from approval of the site plan; 2. That the existing chain link fence along the south property line be replaced with a decorative fence including masonry columns and metal grills; 3. That a gate be installed along the south property line to prevent restaurant patrons from parking at the Seminole Boat Ramp property; 4. That the existing curb cut along the west side of Ft. Hanison A venue be removed and reflected on a revised site plan; 5. That all signage be integrated/coordinated with the building architecture and all freestanding signs be limited to monument-style signs; 6. That the final design of all new buildings be architecturally coordinated and consistent with the conceptual elevations as submitted; Page 10 - e 7. That emergency access be provided to the south/west of the proposed restaurant/retail buildings, to the satisfaction of the Fire Marshall, prior to issuance of building permits; and 8. That the cover for the boat slips along the east end of the marina be removed prior to any building permits for the attached dwellings. ATTACHMENTS: Aerial Photograph of Site and Vicinity Location Map Future Land Use Map Zoning Atlas Map Application Page 11 II ~. ~ele-arwater FAX o TO: Thomas Radcliffe Planning and Development Services Administration 100 S. Myrtle Avenue P.O. Box 4748 Clearwater, Florida 33758-4748 Telephone (727) 562-4567 Fax (727) 562-4576 FAX: 727-784-8153 FROM: Ryan Givens '=~- (=~ TELEPHONE: TELEPHONE: 727-784-3965 727-562-4504 SUBJECT: Clearwater Marina Project - Site Plan Revisions NUMBER OF PAGES INCLUDING COVER: DATE: January 2, 2001 The following lists the conditions of approval imposed by the Community Development Board. Please provide a revised site plan to reflect the list of conditions. Additionally, the conditions should be listed on the final site plan. The conditions are as follows: 1. That a building permit for either the attached dwellings or restaurant be submitted within two years from approval of the site plan (December 12, 2002); 2. That the existing chain link fence along the south property line be replaced with a decorative fence including masonry columns and metal grill work; 3. That a gate be installed along the south property line to prevent restaurant patrons from parking at the Seminole Boat Ramp (City-owned) property; 4. That the existing curb cut along the west side of Ft. Harrison Avenue be removed and reflected on a revised site plan; 5. That all signage be integrated/coordinated with the building architecture and all freestanding signs be limited to monument-style signs; 6. That the final design of all new buildings be architecturally coordinated and consistent with the conceptual elevations as submitted; 7. That emergency access be provided to the south/west of the proposed restaurantlretail buildings, to the satisfaction of the Fire Marshall, prior to issuance of building permits; 8. That the cover for the boat slips along the east end of the marina be removed prior to any building permits for the attached dwellings; 9. That the balconies and views of the northernmost bank of the condominium units be oriented to the northwest, and the building line of the condominium adjacent to the residential properties to the north shall extend no farther east than what is generally shown on the sketch attached hereto as Exhibit A; 10. That no air conditioners or other mechanical equipment be located along the northern and eastern property lines and that they be located on the roof, to the extent feasible; 11. That there shall be no outdoor music or outdoor speakers at the proposed restaurant on the property; and 12. That at such time as the applicant obtains a building permit for the proposed condominium building, the applicant shall install landscaping on the property located at 301 Cedar Street (Morgan residence) generally consistent with the landscaping plan attached hereto as Exhibit B (the property owners of 301 Cedar Street will be responsible for the maintenance of same landscaping). ~. It - Florida Marine & Resort Development Corporation November 13, 2000 Mr. W. Ryan Givens Planner City of Clearwater Planning & Development Services 100 S. Myrtle Ave. Clearwater, Florida 33756 PLANNING S. OEVELOPMENT SEFl\!\CES - E' "", VATC:P CliY or- CL l,t\1< ,~,., Dear Ryan: The following is my written response to your letter of November 7,2000, regarding our development activities at the Clearwater Bay Marina: SITE PLAN 1. The site plan data table has been adjusted to reflect the proper parking requirements and the boat slips have been depicted as planned. 2. Our engineers have addressed the set back on the North portion to accommodate the fire requirements. At the restaurant on the south side, we are desirous of continuing the existing conditions, which currently allow access. 3. The plans have been adjusted to reflect a location for residential garbage collection, as requested. 4. The restaurant and bait shop dumpster will be accessed as is currently accomplished on the site. 5. The requested fire hydrant has been added to the design of the residential building. 6. Two fire hydrants have been added to support the restaurant. 7. A sprinkler system is reflected for the bait shop and restaurant. 8. All gates are presented to have accessible lock boxes. 9. Our plans have been changed to reflect the requested sidewalks for Osceola and Nicholson. 10. Wheel stops have been provided for all parking spaces and bollards have been added for all spaces against the seawall. 11. The existing condition has been continued for parking adjacent to the boat slips due to space constraints. No walkway is proposed, however, dock improvements may include a boardwalk type walkway on the seawall. We will continue to study this to determine if additional sidewalk space can be provided. 12. Pedestrian access from the site to Osceola Ave. has been provided. 13. Mention of a joint use agreement with the city has been eliminated from the plans. e . Page two: 14. Storm water requirements for the parcel ofland lying east of North Osceola Avenue have been previously addressed and is existing. The Florida Department of Environmental Protection due to the less intense use of the site will waive all water quantity and quality requirements for the area west of North Osceola Avenue. In accordance with the requirements of Mike Quillian, P .E. at our October 10,2000 meeting there are no city attenuation requirements because of the direct outfall and water quality concerns will be met using "smart box" inlets prior to outfall. Drainage calculations will only be required for pipe sizing which will be addressed by both the engineer and city staff as part of the final construction plans. 15. All parking is presented to meet code requirements. LANDSCAPE PLAN Our landscape plan has been adjusted to reflect the size plants and tress as required by code. Additionally, we have made provisions to preserve the tree on the northeast side of the parcel. ELEVATION PLANS A revised cross section of the building is being provided. In addition, you are being provided an updated narrative description of the building elevation. MISCELANEOUS INFORMATION 1. We have attempted to meet all code requirements in our submittal. 2. An original of our owner affidavit is included in this submittal. 3. Proof of ownership is included in this submittal. 4. The drawings indicate the areas of project phasing. Phase 1 is the bait shop and will begin within a year. Phase two is the office building and Marina area and will begin within two years.. Phase three is the restaurant and will begin within three years. Phase four is the condominiums and will begin within four years. 5. Trip calculations are being provided on sheet one of the site plan. 6. Open space fee amounts will be provided the city. 7. Transportation impact fee calculations will be reviewed with the appropriate city staff 8. The DEP has been contacted and does not currently require any permits. Submittals will be made to DEP for the restaurant and any additional slips requested. . . Page three 9. Current gas operations are in compliance. The current operation will be continued or removed as we determine its importance to the plan. You will receive the fifteen (15) copies of the material requested. I am hopeful this response is sufficient to facilitate our being scheduled for Community Development Board review, Should you need additional questions answered, please call me at (407) 421-4188. ~IY' ~~:(~ President 670 Island Way~ #305~ Cleamater~ Florida 33767 Phone: (407) 421-4188 r - ;t!earwater FAX u Planning and Development Services Administration 100 S. Myrtle Avenue P.O. Box 4748 Clearwater, Florida 33758-4748 Telephone (727) 562-4567 Fax (727) 562-4576 TO: J eny Figurski FAX: TELEPHONE: 944-3711 942-0733 FROM: Ryan Givens TELEPHONE: 727 -562-4504 SUBJECT: Resubmittal Date for 880 & 900 Osceola Avenue NUMBER OF PAGES INCLUDING COVER: 1 DATE: November 7,2000 I previously faxed to you a copy of the DRC comments for the proposal at 880 & 900 Osceola Avenue; however, I fail to mention the resubmittal date. I need 15 copies of the complete, revised application package no later than Monday, November 13, 2000 so that I may complete a staff report and forward all the materials to the Community Development Board and the City Clerk. If you have any additional questions, please do not hesitate to call me at 727-562-4504. Thank you. e ~;~earwater FAX o Planning and Development Services Administration 100 S. Myrtle Avenue P.O. Box 4748 Clearwater, Florida 33758-4748 Telephone (727) 562-4567 Fax (727) 562-4576 Ryan Givens FAX: TELEPHONE: TELEPHONE: 944-3711 TO: Jerry Figuski 942-0733 FROM: 727-562-4504 SUBJECT: DRC Comments for 880 & 900 Osceola Avenue DATE: November 7,2000 NUMBER OF PAGES INCLUDING COVER: Attached is the letter that was faxed and mailed to Mr. Harrill on November 7, 2000. The letter highlights the comments as discussed at the November 6,2000 Development Review Committee meeting. If you have any questions please call me, Ryan Givens, Planner, at 727-562-4504. Thank you. CJf~r~ra'0/c /J.it;:\''!lfiftJD ':1,_~;;~;;'~f;-~ I I)' ~i)q'----:- \ , 1/ j:~:-TJ~, -- ( ~ ~"_'jI, r'.J't. "~\ .,.~ f7"~~' - <, -:-~ ~YPrf~\~ -{ V;~~' 7.l H h~ Fb /((1Y-~ '/~nJ~r e' CITY OF c e LEARWATER PlANNING & DEVELOPMENT SERVICES ADMINISTRATION 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 November 7, 2000 Donald L. Harrill 670 Island Way #305 Clearwater, Florida 33767 RE: Development Review Committee comments for 900 & 880 North Osceola Avenue (FL 00-10-46). Dear Mr. Harrill: The Development Review Committee has reviewed your submittal for the property located at 900 & 880 North Osceola Avenue and determined that several revisions are needed before the Community Development Board meeting and issuance of a Development Order. The following lists the Development Review Committee request for reVISIOns: SITE PLAN 1. The site data table is not entirely correct; revise table with the following corrections: a. Attached dwellings have a parking requirement of 1.5 spaces per unit; revise table to reflect the correct parking requirement. b. Include the number and size of existing and proposed boat slips. 2. A reduction in the side setback is permitted in the Tourist District whereas reduction does not prevent access from emergency vehicles; revise site plan to allow a minimum of 20 feet of clearance along the north property line adjacent to the condo and along the south property line adjacent to the proposed restaurant. 3. The site plan does not identify a proper area for residential garbage collection; revise plan to illustrate an appropriate staging area for garbage collection. 4. The restaurant and bait shop dumpster shall be stored in an dumpster enclosure and accessible to waste management vehicles; revise plans to show the location, access and design of the enclosure. 5. One additional fire hydrant is needed along the west end of the residential building; revise plan to provide an additional hydrant. 6. Two hydrants are needed for the restaurant (one within 40 feet for fire depaIiment connection, the other within 300 feet of the building); revise site plan to provide additional hydrants. 7. The restaurant and bait shop is requirement to provide sprinkler systems; note this requirement on the site plan. 8. All buildings and gates mus8!MNYje~8SG~!iv<f,&bR_c8~~~stm~requirement on the site plan. J,B. JOHNSON, VICE MAYOR-COMMISSIONER BOB CL-\RK, COMMISSIONER ED HART, COMi\HSSIONER ED HOOPER, COMMISSIONER "EQUAL EMPLOYJvIENT Al'm AFFIRi\L"-T1YE ACTION EMPLOYER" 880 & 900 North Osceola Pahe - page 2 .a . Development ReVIew Co~e comments - November 7, 2000 _ 9. Sidewalks are required on both sides of Osceola Avenue and Nicholson Street that abut the parcel; revise site plan to provide a six-foot sidewalk along adjacent rights- of-way. 10. Wheel stops shall be provided for all parking spaces; revise site plan to provide wheel stops for all on-site parking with additional safety provisions along the water. 11. A sidewalk is needed for boat slip patrons; revise site plan to provide adequate pedestrian access to the boat slips and prevent access between automobiles. 12. There is no pedestrian access from the site to Osceola A venue; revise plan to provide a designated pedestIian pathway from the site to Osceola A venue. Include a pedestrian gate along the east property line. 13. The site plan indicates a joint use parking agreement with the City parcel to the south; secure an agreement with the City prior to the Community Development Board meeting or remove the note from the site plan. 14. Drainage requirements are applicable to this proposal; provide drainage calculations prior to building permit. 15. All parking must meet Code; ensure site plan meets Code requirements. LANDSCAPE PLAN 1. ADDITIONAL COMMENTS TO FOLLOW 2. The landscape plan does not meet the Code requirements for plant/tree SIze and caliper; revise plan to meet or exceed City standards. 3. There is a 3S-inch oak tree in the middle of the parking lot at the east side of the parcel; revise landscape plan to ensure this tree is preserved. ELEVATION PLAN 1. Provide a cross section that will accurately relate the building height to the area's topography. Show how the building's height will be perceived from Ft. Harrison. 2. Provide a better conceptual elevation design. 3. Provide a written description of the proposed building design. MISC INFORMATION 1. Each use must meet all the criteria listed in the Code; provide a written response to each of the criteria listed in the Code. (see attached) 2. An original Affidavit of Authorization is needed for Flexible applications; provide appropriate documentation that grants authorization to act as an agent for the property owner. 3. Proof of ownership is needed for all site plan applications; provide a deed or other legal documentation as proof of ownership. 4. The site plan identifies the project to be completed in phases; attach specific time frames for each construction phase. 5. The proposal may negatively affect the capacity of adjacent roadways; provide trip generation information for this proposal. 6. Open Space and Recreation Fees are due prior to Community Development Board approval; pay fees prior to the CDB meeting. Contact Debbie Richter, Administrative Analyst, at 562-4817 for an exact fee calculation. , 880 & 900 North Osceola -A.lue ~ page 3 .. i Development Review Co~e comments - November 7,2000 .. 7. Traffic Impact Fees are due prior to the issuance of a Certificate of Occupancy; pay fees prior to C.O. Contact Mike Gust, Traffic Operations Engineer, at 562-4775 for an exact fee calculation. 8. A D.E.P permit is needed for the restaurant and boat slips. 9. Gas operations must comply with NFP A 30A and NFP A 30; submit documentation that the proposal is in compliance. In addition to specific requested revisions, please respond to the above items in writing. Fifteen (15) copies of the site plan and all other application materials are needed for resubmittal and will be forwarded to the Community Development Board. It should be noted that additional revisions might be requested at a later date. If you have any questions, please do not hesitate to call me at 727-562-4504. Thank you for your interest and investment in the City of Clearwater. s~el yours, #~'#"")' , ,?Ifita" ~< an Givens / " lanner J ' FLEXIBLE DEVEL(.ENT CRITERIA - TOURIST DI.IST (the following criteria was takenfrom the City of Clearwater Community Development Code) I I. Restaurants. 1. Lot area and width: The reduction in lot area will not result in a building which is out of scale with existing buildings in the immediate vicinity of the parcel proposed for development; 2. Location: The use of the parcel proposed for development will not involve direct access to a major arterial street; 3. Height: The increased height results in an improved site plan and/or improved design and appearance; 4. Signs: No sign of any kind is designed or located so that any portion of the sign is more than six feet above the finished grade of the front lot line of the parcel proposed for development unless the sign is a part of a comprehensi ve sign program; 5. Setbacks: a. The reduction in front setback contributes to a more active and dynamic street life; b. The reduction in front setback results in an improved site plan or improved design and appearance; c. The reduction in side and rear setback does not prevent access to the rear of any building by emergency vehicles; d. The reduction in side and rear setback results in an improved site plan, more efficient parking or improved design and appearance; 6. Off-street parking: a. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building for storage or other non-parking demand- generating purposes; b. Fast food restaurants shall not be eligible for a reduction in the number of off-street parking spaces; c. Adequate parking is available on a shared basis as determined by all existing land uses within 1.000 feet of the parcel proposed for development. or parking is available through any existing or _ned and committed parking facilitie.the shared parking formula in Article 3, Division 14. 7. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. J K. Retail sales and services. 1. Lot area and width: The reduction in lot area will not result in a building which is out of scale with existing buildings in the immediate vicinity of the parcel proposed for development; 2. Location: The use of the parcel proposed for development will not involve direct access to a major arterial street; 3. Height: The increased height results in an improved site plan or improved design and appearance; 4. Setbacks: a. The reduction in front setback contributes to a more active and dynamic street life; b. The reduction in front setback results in an improved site plan or improved design and appearance; c. The reduction in side and rear setbacks does not prevent access to the rear of any building by emergency vehicles; d. The reduction in side and/or rear setbacks results in an improved site plan, more efficient parking or improved design and appearance. 5. Off-street parking: a. The physical characteIistics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building will be used for storage or other non- parking demand-generating purposes. b. Adjacent land uses are of a nature that there is a high probability that patrons will use modes of transportation other than the automobile to access the use; c. Adequate parking is available on a shared basis as determined by all existing land uses within 1.000 feet of the parcel proposed for development, or parking is available through any existing or .ned and committed parking facilities ae shared parking formula in Article 3, Division 14. 6. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. FLEXIBLE DEVEL(~ENT CRITERIA - TOURIST DI.IST (the following criteria was taken from the City of Clearwater Community Development Code) I J. Restaurants. 1. Lot area and width: The reduction in lot area will not result in a building which is out of scale with existing buildings in the immediate vicinity of the parcel proposed for development; 2. Location: The use of the parcel proposed for development will not involve direct access to a major alierial street; 3. Height: The increased height results in an improved site plan and/or improved design and appearance; 4. Signs: No sign of any kind is designed or located so that any portion of the sign is more than six feet above the finished grade of the front lot line of the parcel proposed for development unless the sign is a part of a comprehensive sign program; 5. Setbacks: a. The reduction in front setback contributes to a more active and dynamic street life; b. The reduction in front setback results in an improved site plan or improved design and appearance; c. The reduction in side and rear setback does not prevent access to the rear of any building by emergency vehicles; d. The reduction in side and rear setback results in an improved site plan, more efficient parking or improved design and appearance; 6. Off-street parking: a. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building for storage or other non-parking demand- generating purposes; b. Fast food restaurants shall not be eligible for a reduction in the number of off-street parking spaces; c. Adequate parking is available on a shared basis as determined by all existing land uses within 1,000 feet of the parcel proposed for development, or parking is available through any existing or &ed and committed parking facilitie.he shared parking formula in Article 3, Division 14. 7. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. J K. Retail sales and services. 1. Lot area and width: The reduction in lot area will not result in a building which is out of scale with existing buildings in the immediate vicinity of the parcel proposed for development; 2. Location: The use of the parcel proposed for development will not involve direct access to a major arterial street; 3. Height: The increased height results in an improved site plan or improved design and appearance; 4. Setbacks: a. The reduction in front setback contributes to a more active and dynamic street life; b. The reduction in front setback results in an improved site plan or improved design and appearance; c. The reduction in side and rear setbacks does not prevent access to the rear of any building by emergency vehicles; d. The reduction in side and/or rear setbacks results in an improved site plan, more efficient parking or improved design and appearance. 5. Off-street parking: a. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building will be used for storage or other non- parking demand-generating purposes. b. Adjacent land uses are of a nature that there is a high probability that patrons will use modes of transportation other than the automobile to access the use; c. Adequate parking is available on a shared basis as determined by all existing land uses within 1.000 feet of the parcel proposed for development, or parking is available through any existing or '-ned and committed parking facilities.he shared parking formula in Article 3, Division 14. . 6. The design of all buildings complies with the Tourist District design guidelines in Division 5 of A11icle 3. National Society of Professional Engineers Florida Engineering Society American Society of Civil Engineers Florida Surveying and Mapping Society American Congress on Surveying and Mapping Institute of Transportation Engineers Florida Planning and Zoning Association National Association of Environmental Professionals - e (;)aWt-~ Q~ , Engineers - Surveyors - Planners October 30, 2000 Ms. Lisa L. Fierce Development Review Manager Central Permitting Department City of Clearwater 100 South Myrtle Avenue Clearwater, Florida 33756 PLANN!t!C-; :1 DEVELOPMENJ SERViCES ' CTY OF CLEARWATER Re: Clearwater Bay Marina Proposed Mixed Use Development Preliminary Site Plan Dear Ms. Fierce: Enclosed please find thirteen (13) sets (24" x 36" - 5 sheets) of the revised Preliminary Site Plan for the captioned project. Please let us know if you have any questions or if you need any additional information. Very truly yours, LLOVE~S, BAU~~~S YENS ~ //4~~ ;:;:: 4;/ ~/;- . Thomas G. Radcliffe, PE TGR:mc/fierce I enclosures cc: Donald Harrill w/l set of Preliminary Site Plan Gerald A. Figurski, Esquire w/l set of Preliminary Site Plan Ben Harrill, Esquire w/l set of Preliminary Site Plan 29228 U.S. Hwy. 19 North Clearwater, Florida 33761 www.lbsonline.com Pinellas: (727) 784-3965 Pasco: (727) 842-7635 Fax: (727) 784-8153 National Society of Professional Engineers Florida Engineering Society American Society of Civil Engineers Florida Surveying and Mapping Society American Congress on Surveying and Mapping Institute of Transportation Engineers Florida Planning and Zoning Association National Association of Environmental Professionals ~ e ()aWt-cmJ. Q~ , Engineers - Surveyors - Planners October 19,2000 Ie l:n r'~"l rr~. L~J} ~ Ms. Lisa L. Fierce Development Review Manager Central Permitting Department City of Clearwater 100 South Myrtle Avenue Clearwater, Florida 33756 Re: Clearwater Bay Marina Proposed Mixed Use Development Preliminary Site Plan Dear Ms. Fierce: Enclosed please find the following information in support ofthe captioned project. 1. Thirteen (13) sets (24" x 36" - 5 sheets) of the Preliminary Site Plan. 2. One (1) endorsed copy of the City of Clearwater Application for Site Plan Approval. 3. One (1) copy of the City of Clearwater Affidavit to Authorize Agent. 4. One (1) copy of the list of adjacent property owners. 5. One (1) copy of the names of all persons having contractual interest in the property. 6. A review fee check in the amount of$450.00 made payable to the City of Clearwater. Please let us know if you have any questions or if you need any additional information. Very truly yours, LLOVERAS, BAUR AND~TEVENS ~ /';:?--;~/ .- ~) / /- / /j':/ l~ , / / ~ ....,-~ - .-:- .,.' ~ //"/---IYJ ~ 7)V~ Thomas G. Radcliffe, PE TGR:mc/fierce enclosures cc: Donald Harrill w/enclosures 29228 U.S. Hwy. 19 North Clearwater, Florida 33761 www.lbsonline.com Pinellas: (727) 784-3965 Pasco: (727) 842-7635 Fax: (727) 784-8153 --~ It It CDB Meeting Date: December 12, 2000 Case Number: FL 00-10-46 Agenda Item: D9 CITY OF CLEARWATER PLANNING AND DEVELOPMENT SERVICES ADMINISTRATION STAFF REPORT BACKGROUND INFORMATION: OWNER: Jim Dan Incorporated, Jacinto Castellano and Elena Betes LOCATION: 880, 900 and 908 NOlih Osceola Avenue REQUEST: Flexible Development approval to increase the height of attached dwellings from 35 feet to 100 feet and to reduce the (north) side setback from 10 feet to three feet (to an emergency access aisle), with a Comprehensive Landscape Program. PLANS REVIEWED: Site plan materials submitted by Lloveras, Baur & Stevens SITE INFORMATION: PROPERTY SIZE: 8.89 acres (4.52 submerged acres and 4.37 upland acres) DIMENSIONS OF SITE: The property is an inegular lot of approximately 400 feet by 600 feet. PROPERTY USE: Cunent use: Proposed use: Marina, marina work bays, retail, cruise ship charter, dive charter, sail charier and dry storage of boats Attached dwellings, office, restaurant, retail and boat slips PLAN CATEGORY: CBD, Central Business District Classification ZONING DISTRICTS: T, Tourist District, MDR, Medium Density Residential District, P, Preservation District & C, Commercial District. (Pending City-initiated rezoning to D, Downtown District as part of the Periphery Plan) Page 1 e -- ADJACENT LAND USES: North: Single-family West: Clearwater Harbor East: School and Office South: Public Boat Ramp, Funeral Home and Theater CHARACTER OF THE IMMEDIATE VICINITY: The immediate vicinity is a mix of land uses including single-family, office, retail, and public boat ramps. ANALYSIS: The parcel is 8.89 acres located north of downtown Clearwater and abuts Clearwater Harbor to the west. Approximately 4.5 acres is submerged land and 4.37 acres is upland. The property is located on a slopped bluff with a grade differential of approximately 23 feet. The parcel is located approximately 200 feet north of Seminole Street and west of Ft. Harrison A venue. The north property line is bound by Nicholson Street and also extends north approximately 170 feet. North Osceola Avenue bisects the propelty and divides it into two distinct parcels. Site Description The property has array of existing structures. A small wood-frame house and a two-story garage with a rental unit are located along northeast property line fronting North Osceola A venue. Boat repair and storage bays occupy the area along the north property line. There are continuous open and covered boat slips in the water along the east end of the marina. The Sun Cruz charter boat leases the site for docking and occupies a one-story, masonry building along the southern property line. A 2,000 square-foot bait shop is located near the southwest comer of the property, adjacent to the public boat ramp. The area between North Osceola Avenue and Ft. Harrison Avenue is occupied by a two-story masonry building and is presently being leased as apartments. The property is almost entirely covered by asphalt. The vegetation along North Osceola Avenue is poorly maintained. The overall site appearance is poor and is targeted for redevelopment within the City's Periphery Plan. Neighborhood Character The surrounding character includes a mix of land uses. North Ward Elementary School is located across Nicholson Street, northeast of the property. A mix of single-family and small multi- family buildings are located along the northwest propelty boundary. A funeral home and the Clearwater Little Theater are located along the southern propelty lines. The Seminole Street boat launching ramp is adjacent to the southwest comer of the site. Generally, the area remains in fair condition. Land Use Regulations/ Periphery Plan The City Commission adopted the Periphery Plan in 1993 for the area north of Jones Street, south of Nicholson Street and west of the Pinellas Trail. It identified the vicinity as a redevelop- ment area that has a locational advantage of being in the vicinity of the City's downtown. A land use plan amendment was approved which designated the area as Central Business Distlict on the land use map. The appropriate Downtown zoning district was never applied to the area at the time. The rezoning of this area to the Downtown zoning distlict is scheduled for review by the Page 2 . It City Commission in February 2001. The Comprehensive Plan references the special area plan to determine the intensity for development with a CBD land use classification. The Periphery Plan, being the special area plan, allows a maximum density of 50 dwelling units per acre for parcels in excess of two acres. The Plan allows a maximum Floor Area Ratio (FAR) of 0.50 for nonresi- dential uses. The Periphery Plan has been recommended for approval by the Community Development Board and is scheduled for final disposition by the City Commission. Site Plan Summary The proposal includes a plan to transform the site into a mixed-use, Key West-style village and marina setting. The redevelopment proposal includes a condominium building with 140 units, a restaurant, retail space, an office building and 112 private boat slips. The existing wood-frame house, two-story garage, and boat repair facilities will be removed and replaced with an eight- story condominium building over a 21O-space parking garage. The exterior will be light coral colored stucco accented by blue contrasting hip/mansard roofing and detailing. Each unit will have balconies overlooking the bay. The Sun Cruz masonry building will be removed as will any eXlstmg charter services and replaced with a 7,000 square-foot restaurant. The restaurant will include a deck that extends into the private marina over the water. The existing retail shop will be remodeled and continue to operate with the addition of the site's rental office. The restaurant and retail shop will be designed and constructed in keeping with the project's Key West architecture and color scheme. The two buildings are proposed approximately two feet from the south property line, adjacent to the public boat ramps. The Fire Code requires that a minimum of a 20-foot emergency access aisle be provided adjacent to the restaurant, retail/office building and the fuel facilities. As a condition of approval, staff recommends this issue be addressed before the issuance of a building permit for the restaurant and/or retail/office building. Additionally, the parking for the restaurant must be provided on site and shall not impact the public boat ramp parking. As a solution, a barrier should be constructed to prevent restaurant patrons from parking at the boat ramp property. The proposal includes renovating and retammg 112 boat slips; 40 slips reserved for the condominium and 72 slips to be leased to the general public. Several existing boat slips will be renovated to remove any covered docks. The existing 92 "high and dry" boat storage bays will be eliminated. This will also improve the Fire Department's effectiveness to detain potential fires in the attached dwellings. The two-story, masonry building along Ft. Harrison will be converted to a larger 4,500 square feet office. Two vehicular access points will be provided from North Osceola Avenue; the northern-most entrance will be restricted for resident use. The property adj acent to Ft. Harrison A venue is accessible from North Osceola Avenue and Ft. Harrison A venue. The existing masonry building has a minimal setback along Ft. Harrison A venue and creates site visibility constraints and traffic hazards. Staff recommends that the curb cut along the Ft. Harrison road frontage be closed. A designated pedestrian pathway is provided to allow residents to safely access North Osceola Avenue and be separated from automobile access aisles. A six-foot sidewalk will be constructed along the west side of North Osceola Avenue. Page 3 e e The proposed site intensity is consistent with the 1993 Periphery Plan and the proposed Periphery Plan 2000 update. The Periphery Plan allows for a floor area ratio of 0.5 and an allowable density of 50 dwelling units per acre for properties in excess of two acres. The site is 8.89 acres of which the 4.37 of upland acreage will be used to calculate the project intensity. After calculating the mixed-use formula, it was found that the site's development potential is not maximized with respect to density by 47 dwelling units. In other words, the proposed project meets the density and intensity requirements and does not utilize all of its development potential. (Refer to the table below that illustrates the mixed-use land intensity calculation.) Land Intensity Calculation for Mixed-use Development Uland Acrea ae Floor Area Ratio Densit 4.37 acres (190,357 s uare feet) 0.5 50 dwellina units er acre 27,000 square 13,500 square feet of feet of land Required landfor 0.5 Floor Area 0.5 X 13,500 = (0.61 acres) is nonresidential uses Ratio is allowed proposed 27,000 required for nonresidential uses nonresidential uses 163,357 190,357 square 27,000 square feet of square feet of Remaining land to feet of upland land land is required for 190,357 - land (3.75 calculation density area (4.37 acres) nonresidential uses 27,000 = acres) remains 163,357 to calculate densit 3.75 acres 187 dwelling Allowable density (163,357 square 50 dwelling units per units is calculation feet) remains to acre is allowed 3.75 X 50 = 187 permitted on calculate density the remaining land area Summary 187 dwelling units are allowed 140 dwelling unit are proposed 187-140=47 Request The request is to increase the height of the condominium building from 35 feet to 100 feet and to reduce the (north) side setback from 10 feet to three feet for an emergency access aisle. The request also includes a Comprehensive Landscape Program. The other elements of the proposal do not require approval from the Community Development Board. The Tourist Distlict allows flexibility with regard to height as patt of a Flexible Development application for a maximum of 100 feet. Height is measured from the mean elevation of the existing grade to the highest finished roof surface (flat roofs) or midpoint of the peak/eave of the main pitched roof. The request is for 100 feet above the base flood elevation. Page 4 e -- The property is located on a slopped surface with a grade differential of approximately 23 feet. The land adjacent to the water is approximately six feet above sea level; whereas, the land adjacent to Ft. Harrison A venue has an elevation of 29 feet. As seen from Ft. Harrison A venue looking west, the proposed building height will be perceived at 77 feet due to the natural topography. The general vicinity, specifically along Clearwater Harbor, is a focus for redevelopment. Two blocks to the south, the Harbor Bluffs waterfront condominium development has a height of approximately 100 feet. South of Georgia Street, the Osceola Bay Club development was approved in June 2000 for a height of 150 feet. The Belvedere Apartments just north of Jones Street has an approximate height of 75 feet. The Downtown District (to which the site will be rezoned) permits up to 150 feet for sites which front on Clearwater Harbor. The proposed height is consistent with other development in the vicinity and will be consistent with a downtown character as recommended in the Periphery Plan. The reduction in the side setback from 10 feet to three feet is requested for a 30-foot emergency vehicle access aisle along the north side of the condominium building. Due to the building design, the parking layout and the narrow lot size, the emergency aisle could not be relocated and must encroach the side setback. The increased building height, side setback reduction and comprehensive landscape program are justified by the quality conceptual design, its consistency with the Plan's objectives and the unique lot shape. CODE ENFORCEMENT ANALYSIS: The site has a history of code enforcement violations and complaints. These items include noise created by generators, parking problems and extended hours of operation. The proposal is expected to correct previous Code Enforcement problems by creating more compatible land uses to the adjacent residential and school properties. Page 5 e - A. COMPLIANCE WITH MAXIMUM DEVELOPMENT POTENTIAL STANDARDS IN THE T, TOURIST DISTRICT: STANDARD PERMITTED/ EXISTING REQUIRED PROPOSED IN COMPLIANCE ? Development potential for the entire 4.37 upland acres FLOOR AREA RATIO* DENSITY* 0.5 (95,178 s uare feet) 50 dwelling units per acre (218 uni ts ) 0.95 0.15 (29,658 s uare feet) o units 0.07 (13,500 s uare feet) 140 units Yes Yes Yes IMPERVIOUS SURFACE RA TIO* * The property is located in a special area plan referred to as the Periphery Plan; Development potential standards are reflected based on the Periphery Plan. 0.56 0.85 B. FLEXIBILE DEVELOPMENT STANDARDS IN THE T, TOURIST DISTRICT: STANDARD minimum LOT WIDTH minimum HEIGHT maximum FRONT YARD SETBACK minimum SIDE YARD SETBACK minimum REAR YARD SETBACK minimum PARKING SPACES minimum PROPOSED IN COMPLIANCE? 387,248 square 387,248 square feet - entire site feet - entire site 50 - 100 feet 400 feet 400 feet Yes 35 - 100 feet 30 feet 100 feet Yes o - 15 feet 10 feet 25 feet Yes o - 10 feet 10 - 20 feet 1.5 per unit - Attached Dwellings 2 feet 3 feet o spaces - 210 spaces - residential; residential; 381 189 spaces - spaces - total entire site site * The rear setback is measured from the rear property line to the nearest structure; the rear property line extends into Clearwater Harbor approximately 440 feet from the attached dwellings. N/A* N/A* Page 6 Yes N/A* Yes e e C. T, TOURIST DISTRICT FLEXIBILITY CRITERIA FOR ATTACHED DWELLINGS: 1. Lot area and width: The reduction in lot area will not result in a building which is out of scale with existing buildings in the immediate vicinity of the parcel proposed for development. The proposal does not involve a reduction in lot area or lot width. 2. Location: The use of the parcel proposed for development will not involve direct access to an arterial street. There are no arterial streets contiguous the attached dwellings on this site. Osceola Avenue is a local street. The existing curb cut onto Ft. Harrison A venue for the office building is recommended to be closed as part of a condition of approval. 3. Height: a. The increased height results in an improved site plan or improved design and appearance. The increase in height from 35 feet to 100 feet will result in an improved site plan and appearance. The conceptual building design elevation includes a tiered, Key West design with pitched, metal roofs, a stucco fa9ade, and numerous windows. The increased height is consistent with the goals and policies expressed in the draft Downtown Clearwater Periphery Plan 2000 Update to designate the waterfront as high-density residential. The proposal is consistent with a downtown area. b. The increased height is necessary to allow the improvement of off-street parking on the ground floor of the residential building. The majority of the required residential parking will be placed under the building. 4. Setbacks: a. The reduction in front setback contributes to a more active and dynamic street life. There are no proposed front setback reductions as patt of this proposal. b. The reduction in front setback results in an improved site plan or improved design and appearance. There are no proposed front setback reductions as part of this proposal. Page 7 e It c. The reduction in side and rear setback does not prevent access to the rear of any building by emergency vehicles. There is a 3D-foot emergency vehicle access lane along the north property line that necessitates the three-foot side setback reduction. d. The reduction in side and rear setback results in an improved site plan, more efficient parking or improved design and appearance. The reduction in the north side setback is required to locate a 3D-foot emergency access lane. The building itself will not require a reduction in setbacks. 5. Off-street parking: a. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building for storage or other non-parking demand-generating purposes or that the nature of the individual dwelling units and their location is likely to lead to dependency on non-automobile modes of transportation. The parking provided exceeds the requirements of Code. The proposal is integrated into a redevelopment area that intends to enhance a pedestrian environment. The proposal provides identified pedestrian access to the property. b. Off-street parking within the footprint of the residential building is designed and constructed to create a street level fa~ade comparable to the architectural character and finishes of a residential building without parking on the ground level. The ground floor parking is intended to match the architectural character of the upper inhabitable areas. A condition of approval will ensure this requirement is met. 6. The design of the building complies with the Tourist District design guidelines in Division 5 of Article 3. Design guidelines have not yet been adopted for the Tourist District. Page 8 - e 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. Although the area is characterized by a mix of land uses including single-family dwellings and small-scale attached dwellings, the City's vision of the 1993 Periphery Plan includes a revitalized, high density residential extension of downtown. This proposal includes high end condominiums with amenities. It will hopefully establish a positive redevelopment precedent for the area. 2. The proposed development will not hinder or discourage the appropriate development and use of adjacent land and buildings or significantly impair the value thereof. The property is located with in the boundaries of the Periphery Plan. The Plan recommends that the immediate vicinity be rezoned to D, Downtown District and the properties west of Osceola and south of Seminole Street should be redevelopment as multi-story, attached dwellings. Redevelopment of this site as proposed is consistent with the Plan's objectives. 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 proposal will not adversely affect the health or safety of persons residing or working in the neighborhood. 4. The proposed development is designed to minimize traffic congestion. The proposed condominiums, restaurant and retail space will have two ingress/egress points of access from Osceola A venue. The proposed office building to the east will have one ingress/egress point from Osceola A venue and the existing curb cut along Ft. Harrison is recommended to be closed. Surrounding local streets are aligned in a grid pattern and will provide alternate traffic routes. There are designated pedestrian aisles and improved public sidewalks to encourage nonmotOlized transportation alternatives. Additionally, the proposal is a mix-use development that will distribute vehicle hips at varying times of the day. Page 9 - e 5. The proposed development is consistent with the community character of the immediate vicinity of the parcel proposed for development. The site is located within a redevelopment area as defined in the Periphery Plan. The Plan 2000 update intends that this site be redeveloped as a mixed-use waterfront development. The proposed development is consistent with the objectives and goals of the Plan. The high-density, multi-story design is compatible with previously approved developments to the south including Osceola Bay Club and Harbor Bluffs waterfront condominiums. 6. The design of the proposed development mInImIZeS adverse effects, including visual, acoustic and olfactory and hours of operation impacts, on adjacent properties. The conceptual building includes a tiered design that minimizes the appearance of bulk. The property is approximately 23 feet lower than the land to the east near Ft. Harrison, whereas, the 100-foot building height will be perceived to be lower due to the slope of the property (approximately 77-feet) from adjacent properties. SUMMARY AND RECOMMENDATION: The application and supporting materials were reviewed by the Development Review Committee on November 6, 2000. The applicant has worked with staff to provide an attractive, well- designed development that will enhance the local area and City as a whole. The development will further the City's goals of improving the character of area and promoting the private sector investment in the areas near Downtown. The Planning Department recommends APPROVAL of the Flexible Development application to increase the height of attached dwellings from 35 feet to 100 feet and to reduce the (north) side setback from 10 feet to three feet (to an emergency access lane), and a Comprehensive Landscape Program, for the property at 880, 900 and 908 North Osceola A venue with the following conditions: 1. That a building permit for either the attached dwellings or restaurant be submitted within two years from approval of the site plan; 2. That the existing chain link fence along the south property line be replaced with a decorative fence including masonry columns and metal grills; 3. That a gate be installed along the south property line to prevent restaurant patrons from parking at the Seminole Boat Ramp property; 4. That the existing curb cut along the west side of Ft. HalTison Avenue be removed and reflected on a revised site plan; 5. That all signage be integrated/coordinated with the building architecture and all freestanding signs be limited to monument-style signs; 6. That the final design of all new buildings be architecturally coordinated and consistent with the conceptual elevations as submitted; Page 10 e e 7. That emergency access be provided to the south/west of the proposed restaurantlretail buildings, to the satisfaction of the Fire Marshall, prior to issuance of building permits; and 8. That the cover for the boat slips along the east end of the marina be removed prior to any building permits for the attached dwellings. Prepared by: W. Ryan Givens ATTACHMENTS: Aerial Photograph of Site and Vicinity Location Map Future Land Use Map Zoning Atlas Map Application Page 11 It . - i-f11 I \,,(' 1 Jl,- T' J[I if iI' II 1:-1 Ju lLJ }\ R /~,. 1_11_1 ;,~1,~, D .r~_ "_ ..~___ Jt \.. PW'll'HNG DEPf\Ji\TMENT POST OFFICE Box 4748, CLEARWATER, FLOPJDA 33758-4748 NluNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLOPJDA .33756 'TELEPHmTE (727) 562-4567 FAX (727) 562-4576 LONG RAI'iGE PINmiNG DEVELOPMENT REvIEW HOUSING DMSION NEIGHBORHOOD SERVICES July 31,2002 Mr. Don L. Harrill Decade 80-XIV 900 North Osceola A venue Clearwater, FL 33755 Re: Occupational License for boat sales at Clearwater Bay Marina - 900 North Osceola A venue Dear Mr. Harrill: The above addressed property is zoned Downtown District with an underlying land use designation of CBD, Central Business District category. The site is also governed by the City's Periphery Plan, You have inquired about obtaining an Occupational License for a dealer's license to sell boats stored in the existing wet slips or dry storage facilities. Your letter, dated July 12, 2002, also states that banks occasionally seek your assistance in selling boats acquired through foreclosure. I understand you are not seeking approval of the formal use of the property for vehicle sales. You may be aware that vehicle sales (including boats) is not a permitted use in the Downtown District. This use may be requested through a Comprehensive Infill Redevelopment Project application, if all criteria in the Community Development Code and Periphery Plan are met. Your request to secure an Occupational License for boat dealer use will be approved, because it is historically associated with the existing marina facility, subject to the following conditions: 1. That the sale of boats and trailers be limited as an accessory use of the propelty and not evolve into a boat (new or used) and trailer sales establishment; 2. That location of the boats and trailers for sale be restricted to the existing wet slips or dry storage facilities at the marina (no additional display); 3. That there be no signs identifying the sale of boats/trailers on the property; and 4. That the occupational license for boat sales at the subject propelty be valid contemporaneously with the use of the site as an approved marina. "~D }-IART) \/1C1::: ;_~~O\T :::"':iA),IILT01\\ COiI1r.lt;SIONER , :......0\[ iISSIOi\iEE 3lLL j OJ\:SOi\ I ::=O;"iii-1ISSIONER :;~:i\:'IPLOY~/.\EI\JT AND A.FFIPj'vu\TfliE _rCTION EI\IIPLOY1~}( --, e e Harrill July 31, 2002 - Page Two Please submit an occupational license application. Copies are available through the Development Services Department. Should you have any questions, feel free to contact me at 727-562-4561. sa . Fierce Assistant Planning Director Cc: Development Review Staff Dee Shawan and Barbara Sexsmith, Occupational License Inspectors Case file FL 00-10-46 S:\Planning Department\zoning Itrs\900 N. Osceola Ave.doc -- e Decade 80- XIV 900 North Osceola Ave. Clearwater, Florida 33755 Phone: (727) 443-3207 Fax: (727) 443-3349 July 12, 2002 Mrs. Lisa Fierce Assistant Planning Director City of Clearwater 100 South Myrtle Ave. Clearwater, Florida 33758 Re: Request for License Dear Lisa, Last year, Decade 80-XIV purchased the Clearwater Bay Marina. Having operated the marina for several months now, we feel it would be beneficial for us to have a dealer's license to transact the sale of some of our customer's boats. These are boats that are stored in the existing wet slips or dry storage facilities at the marina. Additionally, we are occasionally asked by banks to assist with selling a boat, which they have acquired through foreclosure. As I mentioned to you, we are not desirous of inventorying any quantity of new boats, or are we establishing a used boat dealership. Our intentions are solely to transact a few boat sales when possible. I would anticipate that we might have fewer than three boats for sale at anyone time. Any of these would be boats stored within our existing facilities. We believe providing this service is consistent with our other services here at the marina and would very much appreciate your consideration of our request. I will be happy to supply any additional information you may require or answer any questions you may have. I can be reached at the marina number above. Cordially; ~-/.. /' /~' ~-/<:L; &' 0-"- ///:3/:;7 (:::;:/ /~/\>'7-,:> / Don L. Harrill Decade Properties, Inc. \.--- ,WinWord Document: PLANNING AND ZONING BOARD Page 1 of8 -- -- WinWord Document: PLANNING AND ZONING BOARD Previous Document Next Document IFirst I Native Hit WinWord View Image Back to Results ~~ ~E:J PLANNING AND ZONING BOARD CITY OF CLEARWATER --~ \ ./ J}lly 7, 1998 - ".~--'-' ,-->.-- PresenL Douglas Hilkert Chair Gerald Figurski Vice-Chair Edward Mazur Board Member Frank Kunnen Board Member Rick Anderson Board Member David Gildersleeve Board Member Steven Chandler Board Member Pamela Akin City Attorney (arrived 3 :23 p.m.) Leslie Dougall-Sides Assistant CityAttorney (departed 3:00 p.m.) Sandra Glatthorn Planning Manager ~OD.l{). 4-~ Teresa Mancini Associate Planner Etim Udoh Associate Planner Brenda Moses Board Reporter The Chair called the meeting to order at 2:00 p.m. at City Hall, followed by the Invocation, Pledge of Allegiance, and a review of meeting procedures and the appeal process. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. http://199 .227.233. 29/ISYSquery/IRLF93 C.tmp/3/ doc 03/09/2000 --0 - -- - ITEM A - Minutes of Previous Meetings - May 19 and June 2, 1998 Approval of minutes was postponed to the August 4, 1998, meeting. ITEM B - Requests for Extension, Deferred, and Continued Items - None. ITEM C - Conditional Uses 1. Gilbert G. Jannelli/Erik Parks (Cigar Central, Inc.) to permit nightclubs, taverns, and bars (new license) at 40 N. Ft. Harrison, Earl & Tate's Sub., Lot 16 & part of Lot 17, zoned UC[C] (Urban Center Core). CU 98-24 The applicant is requesting conditional use approval to allow a nightclub with alcoholic beverage sales at 40 N. Ft. Harrison Avenue. The subject property has a Future Land Use Designation of Central Business District. The building is vacant. The applicant intends to apply for a 2- COP alcoholic beverage license and operate a cigar retail store in conjunction with the proposed nightclub use. On June 9, 1998, the DRB (Design Review Board) approved the installation of a lighted canopy sign along Ft. Harrison Avenue. Staff recommends approval subject to conditions. In response to a question, Associate Planner Teresa Mancini said the applicant is not required to provide parking, however, if he wishes to use the unimproved vacant lot west of the building for patron parking, it must be brought up to code. In response to a question, applicant Erik Parks said this property has one large building and 3 mailing addresses. The 40 Ft. Harrison Avenue address will be used for mailing purposes. Alcoholic beverages will be served in room 44. The operation will open at 10:00 a.m. On Sundays, alcoholic beverages will be served after 1 :00 p.m. Discussion ensued regarding the proximity of property on Cleveland Street. Planning Manager Sandy Glatthorn said the proposed use is not within 500 feet of residential, church, or school uses. Two persons spoke in favor, citing this business WIn create more interest and vitality in downtown. No one spoke in opposition. Member Kunnen moved to approve Item C-l, subject to conditions: 1) the applicant shall obtain the requisite occupational license within six months from the date of this public hearing; 2) the sale of alcoholic beverages shall be limited to consumption on premises with no package sales; 3) there shall be no outdoor entertainment or speakers; 4) the applicant shall obtain the requisite State of Florida Alcoholic Beverage License within six months from the date of this public hearing; and 5) any pictures and/or advertising to be located on the north side of the building shall be reviewed and approved by the City's Architectural Planner prior to installation. The motion was duly seconded and carried unanimously. 2. P.S.A., Inc./B.lE., Inc./Majestik Corp. to permit nightclubs, taverns, and bars (change of business ownership) at 470 Mandalay Ave., Clearwater Beach Park 1st Addition, Blk B, Lots 32-43 and vacated alley adj; Clearwater Beach Park 1st Addition Replat ofBlk A & B, Blk A, Lots 2- 8; and Clearwater Beach Park, Lots 43-48, 65-71 and part of Lot 64, zoned CR28 (Resort Commercial) & CB (Beach Commercial). CU 98-25 http://199.227.233 . 29/ISYSquery1IRLF93 C.tmp/3/doc 03/09/2000 .& \.+0"" ...... '-'.... ....... It e The owner is requesting conditional use approval to allow a night- club/restaurant with alcoholic beverage sales in the Resort Commercial" Twenty-Eight" and Beach Commercial Zoning Districts at 470 Mandalay Avenue. The Planning and Zoning Board previously approved a nightclub at this location on December 16, 1997. The applicant intends to continue to operate a nightclub to be known as "Majestik," and transfer the existing 4- COP alcoholic beverage license. The proposed use is consistent with the commercial nature of Manda lay Avenue and the existing land use designation. Staff recommends approval. In response to a question, Ms. Glatthorn said this request involves a unity of title and site plan approval. The request for a nightclub involves the west portion of this property, previously identified as " Jammin'z." Future requests for other uses on other portions of the property will require conditional use approval by this board. In response to a question, she said Condition #4 addresses past violations of public nudity and adult use regulation ordinances but does not prohibit live bands or dancers. In response to a question, Assistant City Attorney Leslie Dougall-Sides said a procedure addresses failures to comply with conditional use approvals. Revocation of a business license requires a hearing. It was noted previous incidents related to public nudity and adult use regulations at this property occurred before regulations were placed on it. Discussion ensued regarding whether outdoor speakers and a trial period is necessary. James Eftekhari, representative, submitted his concerns regarding staffs recommendation to prohibit bikini and wet T-shirt contests. He said other area businesses are permitted this type of activity and he is being judged unfairly by the actions of the former property owner. He plans to operate the business in a professional manner and requested the board reconsider Condition #4. He also requested the board extend the hours of operation to 3 :00 a.m. on Friday and Saturday nights. In response to a question, he said he will stop selling alcoholic beverages at 1 :00 a.m., but permit patrons to enjoy the music and dancing until 3 :00 a.m. One person spoke in support, and referred to Condition #4. She said in the past, the previous owner had experienced problems during Spring Break of 1996 that involved wet T-shirt contests. She said no such incidents were related to bikini contests. Member Figurski moved to approve Item C-2, subject to conditions: 1) the applicant shall obtain the requisite occupational license within six months from the date of this public hearing; 2) the sale of alcoholic beverages shall be limited to consumption on premises with no package sales; 3) there shall be no outdoor entertainment; 4) the applicant shall neither promote nor permit on the premises any live entertainment, competitions, contests, or any activities which result in the violation of the public nudity or adult use regulation ordinances (Section 21.13, Code of Ordinances, and Section 41.601, Code of Ordinances, respectively). In particular, the applicant shall neither promote nor permit bikini contests, "wet T-shirt contests," or similar activities on the premises; and 5) the applicant shall provide landscaping in accordance with Section 42.27 and the approved landscape plan including the replacement of any existing vegetation that is dead or dying prior to obtaining an occupational license, striking the language "bikini contests" in Condition #4, adding Condition #6 as follows: "This approval will be reviewed by the Planning and Zoning Board in 9 months. The proposed hours of operation permitted will be 10: 00 a. m. until 3: 00 a. m." The motion was duly seconded. Members, Figurski, Mazur, Kunnen, Anderson, and Chandler and Chair Hilkert voted "Aye"; Member Gildersleeve voted "Nay." Motion carried. 3. Clearwater Bay Marine Ways, Inc.4a /Suncruz .. Casino, Ltd. (... Suncruz .. XI) http://199.227.233.29/ISYSqueryIIRLF93C.tmp/3/doc 03/09/2000 TlUITlVIU L..'V'-'UJI.I~JIL. 1 LJrl....l'll"lll"l'-J rl...l"'l.L...1 L...rVl"4 11"4 V nvt"'\.KLJ Pa.ge 40fS e e to permit nightclubs, taverns, and bars (passenger vessel) (change of business ownership) at 900 N. Osceola Ave." JA. Gorra's Sub, Blk 2, Lots 2 &3, Part of Lot 1, filled submerged lands on west, submerged land and riparian rights; Sue Barco Sub, Lots 13, 14, 23, and part of Lot 22, filled submerged land and riparian rights; and F. T. Blish's Sub, Lots 1-3, 8-10, zoned CR24 (Resort Commercial), CN (Neighborhood Commercial), & P (Preservation). CD 98-27 The applicant is requesting conditional use approval to permit alcoholic beverage sales on a passenger vessel in the CR24 (Resort Commercial "Twenty-Four"), CN (Neighborhood Commercial), and P (Preservation) Zoning District. On November 15, 1994, the Planning and Zoning Board approved a 600 passenger cruise ship with on-premise consumption of alcoholic beverage sales at this location. The applicant continues to operate as a casino cruise ship with alcoholic beverage sales under the new name "Sun Cruz Casino, Ltd." and transferred the existing 4- COP SPX alcoholic beverage license. Staff recommends approval of the request subject to conditions. In response to a question, Ms. Mancini said Condition #6 was placed on the previous applicant to keep parking spaces open for overflow usage from City lots. Ed Armstrong, representative, said the alcoholic beverage license is consistent with past usage. He stated Harbormaster William Held has indicated support of this request.Bisuclient is requestingthe board reconsider extending.herthingtimejnConditiOI1# 11 to ):09. a,m. on}'ridayand Saturday rughts, and 12:30 a.m. on all other nights. " In response to a question regarding suggested language to Condition # 2, Mr. Armstrong said the wording is acceptable. One person spoke in support, citing this request is a "win-win" situation and excellent economic development opportunity for the City. Member Mazur moved..t~M(QY.t::IItem C-3 with conditions: 1) the applicant shall obtain the requisite occupational license within six months from the date of this public hearing; 2) the sale of alcoholic beverages shall be limited to consumption on premises of the ship and the sale and distribution of aJ~oholic bev~rages shall not occur until after the ship totally exits the marina; and that allalgoholic beverage sal~s will cease on the ship's return at or prior to arrival at the Clearwater Pass Bridge; 3) all in-bound cruises shall discontinue all entertainment activities at, or prior to, arrival at the Clearwater Pass bridge; 4) there shall be no outdoor entertainment at the land side facilities and all use of outdoor speakers on the ship while it is berthed shall be prohibited after 8:00 p.m.; 5) there shall be no outdoor ship or site cleaning operations between the hours of8:00 p.m. and 7:00 a.m.; 6) there shall be no storage of boats in the paved parking spaces or travel aisles; 7) the cruise ship shall be docked in such a manner that its exhaust is emitted in a westerly direction; and engine operatio~s....vYhTIelil~~nna shall be kept to the minimum required by navigational necessity; 8) the applicant shall not utilize the Ciij=c,wne'd'Semin:o'le-Bcmt'I:;alIrfch'paoong lot for bus and/or private vehicle parking in association with this use; 9) the applicant shall continue to clarify the "service charge" issue in its advertising, promotions, sales arrangements, employee training and ticket schedules so the fee is not identified in any way with any charge imposed or revenue received by the City; there shall be no reference to a "port charge"; 10) the applicant shall cease all operations within one hour after the day's final ship berthing; and 11) the cruise ship shall be berthed by 1: 00 a.m. on Friday and Saturday nights and by 12:30 a.m. on all other nights, The motion was duly seconded and carried unanimously. 4. Anna Tsafatinos/Liquid Blues, Inc. to permit nightclubs, taverns, and bars (change of business http://199.227.233.29/ISYSqueryIIRLF93C.tmp/3/doc 03/09/2000 ..,.., Hi..,... VIU .LJV\.JUIII\...lIl. 1 L.r"\...l";1";.11";\,J hl"'llJ LV1~1l~\J-DVf\.I\..U e e ownership) at 22 N. Ft. Harrison, Earl & Tate's Sub., part of Lots 12 & 13, zoned UC[C] (Urban Center Core). CU 98-28 Page 501"8 The applicant is requesting conditional use approval to operate this establishment as a nightclub and restaurant with alcoholic beverage sales at 22 N. Ft. Harrison Avenue. The new owner intends to transfer the 4-COP alcoholic beverage license and change the business' name from "The Ritz" to "Liquid Blue." On June 17, 1997, the Planning and Zoning Board approved a nightclub with alcoholic beverage sales at this location. The subject property is surrounded by mixed commercial uses and the proposed use is consistent with the commercial nature of the downtown district. Staff recommends approval subject to conditions. Thomas Roman, representative, requested the board reconsider revising Condition #2 to allow package sales. The business will be an upscale jazz club with a band and recorded dance floor music. There will be no signs or purchasing counter advertising package sales. Occasionally, a bottle of wine or champagne may be purchased by patrons for consumption outside the establishment. Two persons spoke in support, citing the business will bring more activity to the downtown area. No one spoke in opposition. Member Figurski moved to approve Item C4, subject to conditions: I) the applicant shall obtain the requisite occupational license within six months from the date of this public hearing; 2) the sale of alcoholic beverages shall be limited to consumption on premises with no package sales on premises; 3) there shall be no outdoor entertainment or speakers, and 4) the applicant shall neither promote nor permit on the premises any live entertainment, competitions, contests, or any activities which result in the violation of the public nudity or adult use regulation ordinances ( Section 21.13, Code of Ordinances, and Section 41.601, Code of Ordinances, respectively). In particular, the applicant shall neither promote nor permit "wet T-shirt contests", or similar activities on the premises, changing Condition # 2 as follows: "... on premises. The motion was duly seconded. Discus;sion ensued and Member Figurski amended the motion so that Condition #2 shall read: "The sale of alcoholic beverages shall be permitted for consumption on premises and package sales shall be permitted "; and "bikini contests" shall not be deleted from Condition #4. The seconder agreed. Upon the vote being taken, the motion carried unanimously. ITEM D - Annexation, Zoning, Land Use Plan Amendment, land Development Code Text Amendment, and Local Planning Agency Review 1. 23055 US 19N, Sec. 05-29-16, M&B 33.08 (John C. & Elizabeth 1. Prida) A 98-20 LUP: Residential/OfficelRetail ZONE: CH (Highway Commercial) The applicant is requesting annexation of non-residential property at 23055 US 19N to obtain sewer service. The applicant proposes to connect a force main to an existing sanitary sewer line by Coachman Plaza, approximately 250 feet north ofthe subject property. The applicant will be responsible for the cost of this work. This request will not create an enclave. Staff recommends approval. Member Kunnen moved to approve Item D-I as requested. The motion was duly seconded and carried unanimously. http://199.227.233.29/ISYSquery/IRLF93C.tmp/3/doc 03/09/2000 ....... ~.u ......VvUlllvllL. 1 Ll""\1'1nlJ'IV t-V~U LUj~ll~U nUAKlJ -- e . Page 6 of8 2. 1614 Long Street, Highland Pines 1st Addition, Blk 7, Lot 7 and Part of Lot 6 (Gabriel C. & Kristine D. Slater) A 98-21 LUP: Residential Urban ZONE: RS8 (Single Family Residential) The applicant is requesting annexation of a single family residential property at 1614 Long Street to obtain sewer service. A sewer line is available at Long Street and requires an extension for service. The applicant will be responsible for related costs. Staff recommends approval. No one spoke in support or opposition. Member Gildersleeve moved to approve Item D-2 as submitted. The motion was duly seconded and carried unanimously. 3. Amending the Land Development Code, Code of Ordinances, regarding power of eminent domain. Ordinance 6302-98 Ms. Glatthorn presented background information and reviewed standards of approval. FDOT (Florida Department of Transportation) is requesting a revision to the City's Land Development Code to allow the agency to sign, in lieu of the property owner, applications for variances to land development regulatiems. This change will allow FDOT to proceed quickly with necessary takings of land for roadway improvements. Stafffeels the amendment complies with the City's comprehensive plan and advances the purpose of the development code. The amendment will contribute to and promote the community's welfare and will not constitute a grant of special privilege to an individual property owner or tenant. Based on the findings of fact, staff has determined this amendment meets the standards of review as set forth in Section 39.22 of the Land Development Code. Discussion ensued regarding FDOT's ability to take property from a property owner with compensation, regardless of the owner's objections. In response to a remark, the City Attorney said FDOT would have to already be in the process of taking, with authorization before the agency can request a variance. This amendment will allow FDOT to apply for a variance without the owner's consent. The purpose of the amendment is to reduce damages payable to the owner. In response to a question, she said FDOT will never obtain title to an entire parcel, however if the agency obtains title to the part being taken, the variance would then take effect. Richard Vickers, FDOT General Counsel, said this amendment clarifies the entire process. FDOT feels this is a reasonable cure to a problem. He said the intent of the amendment is not to permit FDOT to do whatever it pleases on an individual's property. In response to a question, he said other cities have adopted this ordinance. Concern was expressed this amendment appears to give an unfair advantage to government regarding individual property owners' rights. It was remarked the property owner's signature, not the FDOT's, should be on land development regulation variance applications, conditional uses, and site plan reviews associated with takings of land for road improvements. Member Figurski moved to deny endorsement of the proposal as presented. The motion was duly seconded. Mr. Vickers said the amendment would allow FDOT an advisory opinion from the City regarding an eminent domain takings ordinance and permittable cures. Without the amendment, the parties or a jury http://199.227.233.29/ISYSqueryIIRLF93C.tmp/3/doc 03/09/2000 n... '-~-wu"';0vuJllvJlC~ -lL-""I'll'U "-1~U L.Vj~ll~V DVAKU e will determine what is fair under the law. e Page 7of8 In response to a question, the City Attorney said should the board postpone a decision, it can request the City Commission to continue the item at the next City Commission meeting. Upon the vote being taken, Members, Figurski, Mazur, Kunnen, Anderson, and Chandler and Chair Hilkert voted "Aye"; Member Gildersleeve voted "Nay". Motion carried. The meeting recessed from 4:41 to 4:50 p.m. 4. Amending Code of Ordinances relating to transit shelters. Ordinance 6303-98 The City Attorney reported this ordinance request relates to a proposed settlement agreement between the City and Eller Media for removal of billboards, not including those on US 19N. The ordinance provides the following: 1) permits bus shelters with advertising; 2) allows back-lit signs on the "downstream" end wall of the shelter, and limits the area of the sign to 24 square feet; 3) total number of shelters with advertising is limited to 50; 4) shelters will be spaced 1,000 feet apart from other shelters located on the same side of the street; a variance provision will allow 3 shelters within 2,000 feet under certain conditions as outlined in the ordinance; and 5) allows shelters in commercial, office, or industrial zoning districts, or on PST A routes adjacent to hospitals, schools, or other permitted nonresidential uses in multifamily residential zoning districts. In response to a question, she said the City has been in litigation with Eller Media for a number of years, and this settlement agreement will resolve all pending lawsuits. Should this proposal not settle the case and result in dismissal, the ordinance will not take effect. The outcome of pending litigation is uncertain. In response to a question, the City Attorney said the 1,000 foot restriction relates to transit shelters with advertising on a bus route. It was remarked more than one shelter on cross roads could be closer than 1,000 feet if on different bus routes. Concern was expressed these shelters will replace the billboards that Eller Media is required to remove. In response to a question, the City Attorney said Eller Media has an agreement with PST A regarding the total number of shelters allowed county-wide. This proposal does not mandate shelters; it only permits shelters with advertising. In response to a question, she said points of agreement outstanding with Eller Media are: 1) the total number of shelters permittable with advertising and 2) design criteria for the shelters. Todd Pressman, representative, said Eller is seeking to attach advertising signage at approved transit shelters, and proposes to remove 21 existing billboards. He said this suggested ordinance is an alternative to pursuing long term legal matters. He stated the City Commission has suggested permitting a maximum of 50 shelters with advertising. Eller originally had proposed 150 shelters but is willing to accept 90 shelters with advertising. He said the shelters will not be built overnight. They must comply with City zoning, PST A, and rights-of- way requirements. In response to a question, Public Affairs Director Shawn Ulrich said Eller plans to maintain all shelters at least twice a week, promptly clean vandalized shelters, and replace panels with shatterproof plastic when necessary. Three persons spoke in opposition, noting: 1) the proposed ordinance is an affront to law-abiding businesses in Clearwater which have complied with the sign ordinance; 2) proposes a lack of code enforcement; 3) residents were not notified of shelters proposed for their neighborhoods; 4) the ordinance only prohibits signs where they interfere with traffic control devices; 5) development of this http://199.227.233.29/ISYSqueryIIRLF93C.tmp/3/doc 03/09/2000 I-age (') or (') e - agreement was not open to toe public; 6) shelters with advertising should not be near schools; 7) shelters with advertising lack restrictions regarding electrical connections and poles which induce visual clutter; 8) these shelters will change the character of the surrounding area; 9) freestanding electrical poles are unsightly; and 10) the proposal is contrary to the One City. One Future. concept. It was requested the City define the specific area referred to as "within the City limits." It was suggested language be included in the proposal requiring the City Traffic Engineer's input regarding blockage of intersections and other pertinent matters. Member Gildersleeve moved to continue Item D-4 to the August 4, 1998, meeting. The motion was duly seconded. Mr. Pressman said the board was not requested to make a legal judgment, but to review the proposed ordinance. Federal funding is no longer available to fund transit shelters. He said a number of people previously spoke in support of this proposal. Upon the vote being taken, Members Figurski, Mazur, Gildersleeve, and Chandler voted "Aye"; Members Kunnen, and Anderson and Chair Hilkert voted" Nay." Motion carried. ITEM E - Chairman's Items The next meeting is scheduled for August 4, 1998. The Chair welcomed new member Steven Chandler. The Chair expressed his enjoyment working with Scott Shuford and wished him well in his new position. ITEM F - Director's Items - None. ITEM 'G - Board and Staff Comments It was suggested changing language used in "Staff Recommendations II Ms. Glatthorn will share the board's comments with the Central Permitting Director. ITEM H - Adjournment The meeting adjourned at 6:09 p.m. mpz0798 907/07/98 Ask me about ISYS http://199.227.233 . 29/ISYSquery1IRLF93 C. tmp/3/doc 03/09/2000 .. e ~ LL- -6 \'V\'\ ~ r'b~fo , It[ 6D April 12, 2000 Mr. Greg Karan Executive Vice President Sun Cruz Casino 198 Seminole Street Clearwater, Florida 33755 Dear Mr. Karan: It has come to my attention through neighborhood complaints that the noise generated from the operation of your Sun Cruz Casino business is excessive and unacceptable. As you are well aware, the City's (former) Planning and Zoning Board approved a Conditional Use request to operate a passenger vessel at the Clearwater Bay Marina with the specific limitation on the use of "engine operations" while at the marina. In particular, the Board required that engine operations be kept to the minimum required by navigational necessity. The use of shore power, in lieu of the generators (considered engines) would greatly reduce unnecessary noise in the immediate vicinity of your vessels. Additionally, the City's Community Response Team has noted a violation in the hours of the vessel's operation. As approved by the Planning and Zoning Board, the ship must be berthed by 12:30 am from Sunday through Thursday and by 1:00 am on Friday and Saturday. It has been observed that the boat was late on Monday, March 20, 2000 (12:50 am) and Saturday, March 25, 2000 (1: 15 am). While these may have been isolated events, it is critical that you understand the restrictions that were placed upon your operation. I am hopeful that you will be a "good neighbor" and fully comply with the conditions of your Conditional Use approval. I trust you can appreciate the noise concerns of the adjacent residents and that you respect their right to enjoy quiet, peaceful evenings. fL Q7J. \0 ~ ~., - e Karan Page 2 - April 12, 2000 The City's Planning and Development Services Staff is available to further discuss the issues addressed herein. Please feel free to contact Lisa Fierce, Development Review Manager at 562.4561 if you need assistance. Thank you for you immediate attention to this matter. Sincerely, Michael 1. Roberto City Manager Cc: Vicki Morgan Lisa Fierce Community Response Team Staff Address file S:\LETTERS\letter - karan, sun cruz casino. doc I..,,~ ..' j . r-.- . ...~.. '-../ -'--.' 1.. ._ .:c,- I - e CITY OF CLEARWATER COMMU~lITY RESPONSE TEAM Municipal Services Building, 100 S Myrtle Avenue Telephone(727) 562-4720 Fax(727)562-4735 NOTICE OF VIOLATION COD2000-01539 Own.r SUNCRUZ CASINO, L TO. 647 EAST DANIA BEACH BLVD DAN lA, FL 33044 ADDRESS OR LOCATION OF VIOLATION: 900 S OSCEOLA AVE LEGAL DESCRIPTION: GORRA'S, J. A. SUB BLK 2, WL Y 120 FT(S) OF LOT 1 & N 1/2 OF LOT 2 & FILLED SUBM LAND ON W PA'RCEL #0929-15-32184-002-0010 DATE OF INSPECTION: 3/24/00 1:15AM SECTION(S) OF CITY CODE WHICH HAVE BEEN VIOLATED: 1-106.C. and 1-104.B. FACTS BEHIND VIOLATION: *EXISTING APPROVED USES* An existing use which is lawful on the date of adoption of this Dev. Code, whether a "permitted use" or a "conditionalwre" in the zoning district in which it is located, shall not be deemed nonconforming solely because the prt)Cedure for approval has changed through the adoption of the Dav. Code. (lithe event the US2 was approved subject to one or more conditions, those conditions shall continue in full force and effect unless a new approval is obtained. No building, structure, water or land shall be used or occupied, and no building, structure, or land shall be developed unless in conformity with all of the provisions of the zoning district in which it is located, all applicable regulations, and all development approvals. Specifically, Sun Cruz is violating their conditional use requirements by running motors for other than navigational necessity and for returning to dock on 3/20/00 & 3/25/00 after required times. THE VIOLATION(S) CITED ABOVE MUST BE CORRECTED PRIOR TO 4/13/2000, FAILURE TO CORRECT THE ABOVE LISTED VIOLATION(S) BY THE DATE INDICATED, OR RECURRENCE OF THE VIOLATION AFTER CORRECTION, WILL RESULT IN A LEGAL ACTION BY THE CODE ENFORCEMENT BOARD OF THE CITY OF CLEARWATER OR BY THE PINELLAS COUNTY COURT. SUCH ACTION MAY RESULT IN A FINE. THE ALLEGED VIOLATOR MAY BE LIABLE FOR THE REASONABLE COSTS OF THE INVESTIGATION, PROSECUTION AND THE ADMINISTRATIVE HEARING SHOULD THIS PERSON BE FOUND GUILTY OF THE VIOLATION. DA TE MAILED:4/6/00 INSPECTOR: Janice King INSPECTOR TELEPHONE: 562-4732 ~~~ ,,"11;, ,." ~~LOF Tilf. "... ..~~ ~ ,,''''',''~~-- .....!':.,.... ~~~ .:.~~~,,~ \L~,/Yr\r' 1~~ ~ ~ ;~r----\--~~: ..--.... . ..... ~('\.:".... -Y.L\', . "{'...'\' __?'$."'m."~~'\ .........,,~TER,..,.' #1.111' It CITY OF . CLEAR\XlATER PlANNING & DEVELOPMENT SERVICES ADMINISTRATION POST OFFICE Box 4748, CLE\RWATER, FLORiDA 33758-4748 Ml'~K!PAl SERVICES BCIIDIC:G, 100 SOCIH MYRTLE AVE'TE, CLL\.R\'iMER, FLORIDA 3:3"56 TELEPHO:\E (727) 562-.1567 F-\.x (727) 562-4576 COM?vlL':";ITY RESPOc;SE TEAIvl (727) 562-4720 lYhy 3, 2000 Greg Karan, Executive Vice President Sun Cmz Casino 198 Seminole Street Clearwater, FL 33755 Dear Mr. Karan: This correspondence is in regard to our meeting on April 25, 2000 with you and I and Lisa Fierce of the Planning and Development Services Department. I would like to take this opportunity to thank you for your willingness to cooperate with us. We will make every reasonable attempt to cooperate with you in return, while still maintaining adherence to the conditions placed on your business and respecting the needs of the surrounding residential neighborhood. In summing up the basic content of our meeting, it was agreed that the ship would adhere to the return times stipulated in the most recent conditional uses, i.e., 12:30 a.m. Sunday through Thursday and by 1:00 a.m. on Friday and Saturday. As stated, a five-minute deviation from these times is reasonable and can be understood, but more than that will be considered a violation of the conditions. Your captains will have to make the necessary adjustments for tides and other circumstances. It was also agreed that the generators will not be started up more than one hour prior to departure time. This is to comply with the condition that the engines will be used for navigational necessity only. While the current return times were approved by the Planning and Zoning Board, which by the way has been replaced by a comprehensive Community Development Board, I want to restate here that the neighbors are not happy with the change from the previous earlier return times. They have indicated they would like to meet with the Marina owners when your contract is up for renewal and discuss a return to earlier berthing times. Again I want to take this opportunity to thank you for your willingness to cooperate with us on these issues. If you have any questions, please do not hesitate to contact me at 562-4732. Sincerely, ~ Janice King Code Inspector II Community Response City of Clearwater O:\E CITY, O':E FUCRE, cc: Mike Roberto, Clearwater City Manag~LL; .l AL:\csr, .\L\YOP-CO\!',IISSIO\ER ED HOOPER, VICE ?\L\YOR-Cml\IlSSIO\ER ED HART, CmL\IlSSIO\ER a~J, ID'~Cp * BOB CL\RK, Cml\IISSIO:\ER .lB, JOH\SO\, Cml\IISSIO:\ER "EQL.-\.L E\lPLonlE:\T ASO AFFfR\lAm'E ACTIO:, E\iPLOYEP" - . Lisa Fierce, Development Review Manager Jeff Kronschnabl, Development Services Director Lt. Donald Hall, Police Dept. Vickie Morgan, neighbor Mary Alexander, neighbor Jim W'racker, owner, Clearwater Bay Marina e~~ ~ Wt'I~ Yb~fo _flt[ifO April 12, 2000 Mr. Greg Karan Executive Vice President Sun Cruz Casino 198 Seminole Street Clearwater, Florida 33755 Dear Mr. Karan: It has come to my attention through neighborhood complaints that the noise generated from the operation of your Sun Cruz Casino business is excessive and unacceptable. As you are well aware, the City's (former) Planning and Zoning Board approved a Conditional Use request to operate a passenger vessel at the Clearwater Bay Marina with the specific limitation on the use of "engine operations" while at the marina. In particular, the Board required that engine operations be kept to the minimum required by navigational necessity. The use of shore power, in lieu of the generators (considered engines) would greatly reduce unnecessary noise in the immediate vicinity of your vessels. Additionally, the City's Community Response Team has noted a violation in the hours of the vessel's operation. As approved by the Planning and Zoning Board, the ship must be berthed by..!LJ.lJ yam from Sunday through Thursday and by 1.00 am on Friday and Saturday. It has been observecrthat the boat was late on Monday, March 20,2000 (12:50 am) and Saturday, March 25, 2000 (1: 15 am). While these may have been isolated events, it is critical that you understand the restrictions that were placed upon your operation. I am hopeful that you will be a "good neighbor" and fully comply with the conditions of your Conditional Use approval. I trust you can appreciate the noise concerns of the adjacent residents and that you respect their right to enjoy quiet, peaceful evenings. Karan e Page 2 - April 12, 2000 e The City's Planning and Development Services Staff is available to further discuss the issues addressed herein. Please feel free to contact Lisa Fierce, Development Review Manager at 562.4561 if you need assistance. Thank you for you immediate attention to this matter. Sincerely, Michael 1. Roberto City Manager Cc: Vicki Morgan Lisa Fierce Community Response Team Staff Address file S:\LETTERSIletter - karan, sun cruz casino. doc e e ~ns,Ryan (om: Sent: To: Subject: King, Janice Wednesday, December 06,20008:19 AM Givens, Ryan FW: 880 900 and 908 N Osceola sorry, was out yesterday. My problem with 900 N. Osceola is only with the Sun Cruz at this time--noise violations. The owners of the marina lease the property to the Sun Cruz but I have chosen to take enforcement actions against the Sun Cruz business since the marina owners have problems with them also and have been very compliant in working with me. They have no other violations at this time at the marina. -----Original Message----- From: Hall, Bob Sent: Tuesday, December 05, 2000 2:24 PM To: Givens, Ryan Cc: Fierce, Lisa; King, Janice; Kronschnabl, Jeff Subject: RE: 880 900 and 908 N Osceola 880 Osceola does not have any Code cases listed in permit plan on it. 908 Osceola has 2 older cases which are both closed. One was for overgrowth and the other was for multiple violations. 900 Osceola has a number of violations attached to it. Many of the cases are closed. However; two cases are still active with notes from Janice King. One is regarding parking and the other is violation to the conditions placed on the property. This is regarding the Sun Cruz issues that have been going on. If you need details of the situations, please check with Janice as this has been a long term situation for her. The case numbers are COD1999-01598 and COD2000-01539 if you wish to see the notes to date. -----Original Message----- From: Givens, Ryan Sent: Tuesday, December 05, 2000 10:38 AM To: Hall, Bob Cc: Fierce, Lisa Subject: 880 900 and 908 N Osceola Bob, I need to finish a staff report for today regarding the sites at 880 900 and 908 n Osceola. Would you provide me with a brief code enforcement statement for these sites? General explain any violations and if they were corrected. Thank you so much. Ryan Wm. Ryan Givens, Planner City of Clearwater - Planning & Development Services 100 South Myrtle Avenue P.O. Box 4748 Clearwater, Florida 33756 727-562-4504 << File: Givens, Ryan.vet >> 1 e e IS, Ryan m: .:nt: Hall, Bob Tuesday, December 05, 2000 2:24 PM Givens, Ryan Fierce, Lisa; King, Janice; Kronschnabl, Jeff RE: 880 900 and 908 N Osceola ,0: Cc: Subject: 880 Osceola does not have any Code cases listed in permit plan on it. 908 Osceola has 2 older cases which are both closed. One was for overgrowth and the other was for multiple violations. 900 Osceola has a number of violations attached to it. Many of the cases are closed. However; two cases are still active with notes from Janice King. One is regarding parking and the other is violation to the conditions placed on the property. This is regarding the Sun Cruz issues that have been going on. If you need details of the situations, please check with Janice as this has been a long term situation for her. The case numbers are COD1999-01598 and COD2000-01539 if you wish to see the notes to date. -----Original Message----- From: Givens, Ryan Sent: Tuesday, December 05, 2000 10:38 AM To: Hall, Bob Cc: Fierce, Lisa Subject: 880 900 and 908 N Osceola Bob, I need to finish a staff report for today regarding the sites at 880 900 and 908 n Osceola. Would you provide me with a brief code enforcement statement for these sites? General explain any violations and if they were corrected. Thank you so much. Ryan Wm. Ryan Givens, Planner City of Clearwater - Planning & Development Services 100 South Myrtle Avenue P.O. Box 4748 Clearwater, Florida 33756 727-562-4504 ------ C:I,," ~:"___ D,.I__ ..,._~........ C_.\ \ ,'C \ (\~\\ \\. c' ." r'- - >('\\ '\ --~-~~-'\'fC L - ,) \ \ )(' (i ,'\', ....".~\ ,C" \.'C i (:\.t~Q(\: C'r-/(~. C\. (t.e,> {.). (~t (~-f. ~l.}t~)~~~=.. ~,..l ((:. \)6 r'\ () (c\(~i)' i(-ta Of C_\ . \S_~, (\ _(~-\(\.!'[<" .. (}.L \~ x. \. \~\.(~\'/o t.;J-' (i)CJ c: LI, J \ -\\\7\ (.:'.'~/:'r') 11 .1'.'.'11 )}f:4]: '''.~'')- 'I, C " i,t' " 'I'-~ . ..... .....".. !! -"}, ' ",,' /.- ....~ , '1:.1 ',. ~ ~ f: ' e ~ eIearwater FAX () Planning and Development Services Administration 100 S. Myrtle Avenue P.O. Box 4748 Clearwater, Florida 33758-4748 Telephone (727) 562-4567 Fax (727) 562-4576 TO: Randy FAX: 562-4461 Ryan Givens~' . TELEPHONE: N/A FROM: TELEPHONE: 727-562-4504 SUBJECT: Clearwater Mari a Project DATE: December 4, 2000 NUMBER OF PAGES 3 INCLUDING COVER: Randy You attended the ORC for the Clearwater Marina Project. I received a revised site plan and I wanted you to look at the revisions for emergency access for the restaurant portion of the project. The condo tower to the north now has a 30-foot access aisle. Please look at the attached portions of the site plan and let me know if further revisions are needed. W. 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CLEARWATER" FL 33756 (727) 562-4567 FAX (727)562-4576 TO: ~.~.." \. b. \"C"V,-\ \"'\\\~ \ " - ~ \' . t' \ ,_ \ LfLf 3- '.~Y7:~ ~) L l~:)O'_~~ )..'0..', (JJ \ .-=A - t-s. C.d-] . FAX: FROM: DATE: MESSAGE: NUMBER OF PAGES(INCLUDING THIS PAGE) I') . e .<::.=-...0.-;" Supp. No.1 e ZONING DISTRICTS S 2-801.1 Tourist District liT" DIVISION 8. TOURIST DISTRICT ("T") Section 2-801. Intent and pUrpose. The intent and purpose of the Tourist District (liT") is to provide a safe and attractive tourist destination in the City of Clearwater with a full complement of tourist accommodations and con- venient access to goods and services. Section 2-801.1. Maximum development po- tential. The Tourist District ("T") may be located in more than one land use category. It is the intent of the T District that development be consistent with the Countywide Future Land Use Plan as required by state law. The development potential of a parcel of land within the T District shall be determined by the standards found in this Devel- opment Code as well as the Countywide Future Land Use Designation of the property. Develop- ment potential for the Countywide Future Land Use Designations that apply to the T District are CD2:63 e . S 2-801.1 COMMUNITY DEVELOPMENT CODE as follows: Overnight Countywide Future Maximum Dwelling Units Maximum Floor Area Ratio/ Accommodations Land Use Designation per Acre of Land Impervious Surface Ratio Units per Acre Resort Facilities High 30 dwelling units per acre FAR 1.0/ISR .95 40 units per acre COrd. No. 6526-00, S 1, 6-15-00) Section 2-802. Flexible standard develop- ment. The following uses are Level One permitted uses in the T District subject to the standards and criteria set out in this section and other applica- ble provisions of Article 3. Table 2-802. "T" District Flexible Standard Development Standards Min. Lot Min. Lot Max. Area Width Height Min. Setbacks Min. Off-Street Use (sq. ft.) (ft.) (ft.) (ft.) Density Parking Front Side Rear Accessory Dwellings n/a n/a n/a n/a n/a n/a 30 units/ 1/unit acre Alcoholic Beverage Sales 5,000 50 35 10-15 10 20 n/a 5 per 1,000 GFA Attached Dwellings 10,000 100 35-50 10-15 10 10-20 30 units/ 1.5 per unit acre Govemmental Uses(l) 10,000 100 35-50 10-15 0-10 10-20 n/a 3-4/1,000 GFA Indoor Recreation/Entertain- 5,000 50 35-100 0-15 0-10 20 n/a 10 per 1,000 GFA ment Marinas 5,000 50 25 15 10 20 n/a 1 space per 2 slips Medical Clinic 10,000 100 30-50 10-15 10 20 20 2-3/1,000 GFA Nightclubs 5,000 50 35 15 10 20 n/a 10 per 1,000 GFA Non-Residential Off-Street n/a n/a n/a 25 5 10 n/a n/a Parking Offices 10,000 100 35-50 10-15 0-10 10-20 n/a 3--4 spaces per 1,000 GFA 2.5 spaces per 1,000 sq. ft. of lot area or Outdoor Recreation/Enter- as determined by tainment 5,000 50 35 10-15 10 20 n/a the community de- velopment director based on ITE Man- ual standards Overnight Accommodations 20,000 100-150 35-50 10-15 0-10 10-20 40 rooms/ 1 per unit acre Parking Garages and Lots 20,000 100 50 15-25 10 10-20 nJa n/a Supp. No.1 CD2:64 e . ZONING DISTRICTS S 2-802 Table 2-802. "T" District Flexible Standard Development Standards Min. Lot Min. Lot Max. Area Width Height Min. Setbacks Min. Off-Street Use (sq. ft.) (ft.) (ft.) (ft.) Density Parking Front Side Rear 1 per 20,000 SF land area or as de- Parks and Recreation Facili- termined by the nla nla 50 25 10 20 nla community develop- ties ment coordinator based on ITE Man- ual standards Public Transportation Facili- nla nla 10 nla nla nla nla nla ties(2) Sidewalk Vendors n/a n/a n/a n/a nla nla nla nla Restaurants 5,000- 50-100 25-35 10-15 0-10 10-20 nla 7-15 spaces per 10,000 1,000 GFA Retail Sales and Services 5,000- 50-100 35-50 10-15 0-10 10-20 nla 4-5 spaces per 10,000 1,000 GFA Utility/Infrastructure Facili- n/a n/a nla 25 10 10 nla nla ties(3) (1) Govemmental uses shall not exceed five acres. Any such use, alone or when added to contiguous like uses which exceed five acres shall require a land use plan map amendment to Institutional which shall include such uses and all contiguous like uses. (2) Public transportation facilities shall not exceed three acres. Any such use, alone or when added to contiguous like uses which exceed three acres shall require a land use plan map amendment to Transportation/Utility which shall include such uses and all contiguous like uses. (3) Utility/infrastructure uses shall not exceed three acres. Any such use, alone or when added to contiguous like uses which exceed three acres shall require a land use plan map amendment to Transportation/Utility which shall include such uses and all contiguous like uses. Flexibility criteria: A. Alcoholic beverage sales. 1. Location. a. The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas; b. The use of the parcel proposed for development will not involve direct access to a major arterial street; c. The design of all buildings complies with the Tourist Distlict design guide- lines in Division 5 of Article 3. 2. Front setback: a. The reduction in front setback con- tlibutes to a more active and dy- namic stl-eet life; Supp. No.1 CD2:65 b. The reduction in front setback re- sults in an improved site plan or improved design or appearance. B. Attached dwellings. 1. Height: a. The increased height results in an improved site plan or improved de- sign and appearance; b. The increased height is necessary to allow the improvement of off-street parking on the ground floor of the residential building. 2. Parhing: Off-street parking within the footprint of the residential building is designed and constructed to create a street level facade comparable to the architec- e ~ 2-802 . COMMUNITY DEVELOPMENT CODE 3. tural character and finishes of a residen- tial building without parking on the ground level; Location: The use of the parcel proposed for development will not involve direct access to a major arterial street; 4. Setbacks: a. The reduction in front setback con- tributes to a more active and dy- namic street life; The reduction in front setback re- sults in an improved site plan or improved design and appearance; The reduction in rear setback does not prevent access to the rear of any building by emergency vehicles; The reduction in rear setback re- sults in an improved site plan, more efficient parking or improved design and appearance; The reduction in rear setback does not reduce the amount oflandscaped area otherwise required. b. c. d. e. 5. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. C. Governmental uses. 1. Height: The increased height results in an improved site plan or improved design and appearance; 2. Signs: No sign of any kind is designed or located so that any portion of the sign is more than six feet above the finished grade of the front lot line of the parcel proposed for development unless such signage is a part of an approved compre- hensive sign program; 3. Location. The use of the parcel proposed for development will not involve direct access to a major arterial street; 4. Setbacks: a. The reduction in front setback con- tributes to a more active and dy- namic street life; Supp. No.1 CD2:66 b. The reduction in front setback re- sults in an improved site plan or improved design and appearance; c. The reduction in side and rear set- back does not prevent access to the rear of any building by emergency vehicles; d. The reduction in side and rear set- back results in an improved site plan, more efficient parking or improved design and appearance; e. The reduction in side and rear set- back does not reduce the amount of landscaped area otherwise required. 5. Off-street parking: a. Adequate parking is available on a shared basis as determined by all existing land uses within 1,000 feet of parcel proposed for development, or parking is available through any existing or planned and committed parking facilities or the shared park- ing formula in Article 2, Division 14; b. The physical characteristics of a pro- posed building are such that the likely uses of the property will re- quired fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building will be used for storage or other non-parking demand-generat- mg purposes. 6. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. D. Indoor recreation / entertainment. 1. The design of all buildings complies with the Tourist District design guidelines in Division 5 of ATticle 3. 2. Setbachs: a. The reduction in front setback con- tributes to a more active and dy- namic street life; .. ZONING DISTRICTS 9 2-802 b. The reduction in front setback re- sults in an improved design and ap- pearance; c. The reduction in side setback does not prevent access to the rear of any building by emergency vehicles; d. The reduction in side setback results in an improved site plan, more effi- cient parking or improved design and appearance. e. The reduction in side setback results in landscaped areas in excess of the minimum required. 3. Height: The increased height results in an improved site plan or improved design and appearance. E. Marinas. 1. The parcel proposed for development is not located in areas identified in the Com- prehensive Plan as areas of environmen- tal significance including: a. The north end of Clearwater Beach; b. Clearwater Harbor grass beds; c. Cooper's Point; d. Clearwater Harbor spoil islands; e. Sand Key Park; f. The southern edge of Alligator Lake. 2. No commercial activities other than the mooring of boats on a rental basis shall be permitted on any parcel of land which is contiguous to a parcel of land which is designated as residential in the Zoning Atlas, unless the marina facility is totally screened from view from the contiguous land which is designated as residential and the hours of operation of the commer- cial activities are limited to the time pe- riod between 6:00 a.m.-9:00 p.m.; 3. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. Supp. No.1 CD2:67 F. Medical clinic. 1. The use of the parcel proposed for devel- opment is compatible with surrounding properties. 2. Off-street parking: a. Adequate parking is available on a shared basis as determined by all existing land uses within 1,000 feet of the parcel proposed for develop- ment, or parking is available through any existing or planned and commit- ted parking facilities or the shared parking formula in Article 2, Divi- sion 14; b. The physical characteristics of a pro- posed building are such that the likely uses of the property will re- quire fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building will be used for storage or other non-parking demand-generat- mg purposes. 3. Front setback: a. The reduction in front setback con- tributes to a more active and dy- namic street life; b. The reduction in front setback re- sults in an improved site plan or improved design and appearance. 4. Height: The increased height results in an improved site plan or improved design or appearance. G. Nightclubs. 1. Location. a. The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas; b. The use of the parcel proposed for development will not involve direct access to a major arterial street; The design of all buildings complies with the Tourist District design guidelines in Division 5 of A...rticle 3. 2. . S 2:-802 . COMMUNITY DEVELOPMENT CODE H. Non-residential off-street parking. 1. The parcel proposed for development is contiguous to the parcel on which the non-residential use which will be served by the off-street parking spaces, is located and has a common boundary of at least 25 feet, or the parcel proposed for develop- ment is located immediately across a pub- lic road from the non-residential use which will be served by the off-street parking spaces, provided that access to the off- street parking does not involve the use of local streets which have residential units on both sides of the street. 2. No off-street parking spaces are located in the required front setback for detached dwellings in the T District or within ten feet, whichever is greater, or within (10) feet of a side or rear lot line, except along the common boundary of the parcel pro- posed for development and the parcel on which the non-residential use which will be served by the off-street parking spaces. 3. Off-street parking spaces are screened by a wall or fence of at least four feet in height which is landscaped on the exter- nal side with a continuous hedge or non- deciduous vine. 4. All outdoor lighting is automatically switched to turn off at 9:00 p.m. 5. All parking spaces shall be surface park- ing. 6. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. 1. Offices. 1. The use of the parcel proposed for devel- opment fronts on but will not involve direct access to a major arterial street; 2. All sign age is a part ofthe comprehensive sign progl'am; 3. The desigl1. of all buildings complies with the Tourist District design gl.lidelines in Article 3 Division 5. Supp. No.1 CD2:68 4. Setbacks: a. The reduction in front setback con- tributes to a more active and dy- namic streetlife; b. The reduction in front setback re- sults in an improved site plan or improved design and appearance; c. The reduction in side and rear set- backs does not prevent access to the rear of any building by emergency vehicles; d. The reduction in side and rear set- backs results in an improved site plan, more efficient parking or im- proved design and appearance; e. The reduction in side and rear set- backs results in landscaped areas in excess of the minimum required. 5. Off-street parking: a. Adequate parking is available on a shared basis as determined by all existing land uses within 1,000 feet of parcel proposed for development, or parking is available through any existing or planned and committed parking facilities or the shared park- ing formula in Article 2, Division 14; b. The physical characteristics of a pro- posed building are such that the likely uses of the property will re- quire fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building will be used for storage or other non-parking demand-generat- mg purposes. 6. Height: The increased height results in an improved site plan or improved design and appearance. J. Outdoor recreation / entertainment. 1. The parcel proposed for development is not contiguous to a parcel ofland which is designated as residential in the ZoninD" Co Atlas; . . ZONING DISTRICTS s 2-802 2. All signage is a part of a comprehensive sign program; 3. Sound amplification is designed and con- structed to ensure that no amplified sound can be heard to the extent that the sound is recognizable in terms of the meaning of words or melody when wind conditions are less than ten miles per hour at a distance of more than 100 feet in all directions or when wind conditions are ten miles per hour or greater at a distance of more than 150 feet in all directions; 4. All outdoor lighting is designed and con- structed so that no light falls directly on land other than the parcel proposed for development; 5. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. 6. Front setback: a. The reduction in front setback con- tributes to a more active dynamic street life; b. The reduction in front setback re- sults in an improved site plan or improved design and appearance. 7. Off-street parking: a. Adequate parking is available on a shared basis as determined by all existing land uses within 1,000 feet of the parcel proposed for develop- ment, or parking is available through any existing or planned and commit- ted parking facilities or the shared parking formula in Article 2, Divi- sion 14; or b. The physical characteristics of a pro- posed building are such that the likely uses of the property will re- quire fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building are used for storage or other non-parking demand-generating pur- poses. Supp. No.1 CD2:69 K. Overnight accommodations. 1. Location: The use of the parcel proposed for development will not involve direct access to a major arterial street; 2. Height: The increased height results in an improved site plan and/or improved de- sign and appearance; 3. Signs: No sign of any kind is designed or located so that any portion of the sign is more than six feet above the finished grade of the front lot line of the parcel proposed for development unless such sign age is a part of an approved compre- hensive sign program; 4. Setbacks: The reduction in front setback con- tributes to a more active and dy- namic street life; b. The reduction in front setback re- sults in an improved site plan or improved design and appearance; c. The reduction in side and rear set- backs does not prevent access to the rear of any building by emergency vehicles; d. The reduction in side and rear set- backs results in an improved site plan, more efficient parking or im- proved design and appearance; e. The reduction in side and rear set- backs does not reduce the amount of landscaped area otherwise required. 5. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. a. 6. Lot width: The reduction in lot width will not result in a building which is out of scale with existing buildings in the imme- diate vicinity of the parcel proposed for development. L. Parking garages and lots. 1. The parcel proposed for development is not contiguous to land designated as res- idential in the Zoning Atlas; . . 9 2-.802 COMMUNITY DEVELOPMENT CODE 2. Access to and from the parking garage or lot shall be based on the findings of a transportation analysis approved by the city; 3. The stacking spaces available for cars waiting to pass through a parking ticket dispensable or booth to enter the garage or lot shall be based on the design and size of the garage or lot; 4. Any frontage along a public street is land- scaped or designed to be similar in char- acter and use to other uses fronting on each street for a distance of 250 feet in either direction along the street or the nearest intersections, whichever is less; 5. Parking structures are designed, con- structed and finished so that the struc- ture of the garage is architecturally com- patible the design and character of adjacent principal uses; 6. There is an unmet existing demand for additional parking in the immediate vi- cinity of the parcel proposed for develop- ment; 7. Construction of a parking structure would not otherwise be physically feasible; 8. The front and rear setbacks which are provided are improved as an arcade or with other active pedestrianJcommercial areas for sidewalk cafes, sidewalk ven- dors, street furniture or urban amenities; 9. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. 10. Front setback: a. The reduction in front setback con- tributes to a more active dynamic street life; b. The reduction in front setback re- sults in an improved site plan or improved design and appearance. 11. Rear setback: a. The reduction in rear setback does not prevent access to the rear or any building by emergency vehicles; Supp. No.1 CD2:70 b. The reduction in rear setback re- sults in an improved site plan, more efficient parking or improved design and appearance; c. The reduction in rear setback re- sults in landscaping in excess of the minimum required. M. Parks and recreation facilities. 1. The proposed use is compatible with the surrounding properties. 2. Off-street parking is screened from adja- cent parcels of land and any street by a landscaped wall or fence of at least four feet in height. 3. All outdoor lighting is designed so that no light fixtures cast light directly on adja- cent land used for residential proposes. 4. Off-street parking: Adequate parking is available on a shared basis as determined by all existing land uses within 1,000 square feet of the parcel proposed for development, or parking is available through any existing or planned and com- mitted parking facilities or the shared parking formula in Article 3, Division 14. N. Public transportation facilities. 1. The public transportation facilities are not located within 1,000 feet of another public transportation facility unless nec- essary to serve established transit stops with demonstrated ridership demand; 2. The public transportation facilities are designed, located and landscaped so that the structure of the facilities are screened from view from any residential use or land designated as residential in the Zon- ing Atlas; 3. All lighting associated with the public transportation facilities is designed and located so that no light is cast directly on any residential use or land designated as residential in the Zoning Atlas; The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. 4. e . ZONING DISTRICTS O. Restaurants: 1. Lot area and width: The reduction in lot area will not result in a building which is out of scale with existing buildings in the immediate vicinity of the parcel proposed for development; 2. Location: The use of the parcel proposed for development will not involve direct access to a major arterial street; 3. Height: The increased height results in an improved site plan and/or improved de- sign and appearance; 4. Signs: No sign of any kind is designed or located so that any portion of the sign is more than six feet above the finished grade of the front lot line of the parcel proposed for development unless such signage is a part of an approved compre- hensive sign program; 5. Setbacks: a. The reduction in front setback con- tributes to a more active and dy- namic street life; b. The reduction in front setback re- sults in an improved site plan or improved design and appearance; c. The reduction in side and rear set- backs does not prevent access to the rear of any building by emergency vehicles; d. The reduction in side and rear set- backs results in an improved site plan, more efficient parking or im- proved design and appearance; e. The reduction in side and rear set- backs does not reduce the amount of landscaped area otherwise required. Off-street parking: a. The physical characteristics of a pro- posed building are such that the likely uses of the property will re- quire fewer parking spaces per floor area than otherwise required or that the use of significant portions of the 6. Supp. No.1 CD2:71 !l 2-802 building will be used for storage or other non-parking demand-generat- mg purposes; b. Adequate off-street parking is avail- able on a shared basis as determined by all existing land uses within 1,000 feet of the parcel proposed for devel- opment, or parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 2, Division 14; c. Fast food restaurants shall not be eligible for a reduction in the num- ber of off-street parking spaces. 7. The design of all buildings complies with the Tourist District design guidelines III Division 5 of Article 3. P. Retail sales and services. 1. Lot area and width: The reduction in lot area will not result in a building which is out of scale with existing buildings in the immediate vicinity of the parcel proposed for development; 2. Location: The use of the parcel proposed for development will not involve direct access to a major arterial street; 3. Height: The increased height results in an improved site plan or improved design and appearance; 4. Setbacks: a. The reduction in front setback con- tributes to a more active and dy- namic street life; b. The reduction in front setback re- sults in an improved site plan or improved design and appearance; c. The reduction in side and rear set- backs does not prevent access to the rear of any building by emergency vehicles; d. The reduction in side and rear set- backs results in an improved site plan, more efficient parking or nn- proved design and appearance; e ~ 2-.802 . COMMUNITY DEVELOPMENT CODE e. The reduction in side and rear set- backs does not reduce the amount of landscaped area otherwise required; 5. Off-street parking: a. The physical characteristics of a pro- posed building are such that the likely uses of the property will re- quire fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building will be used for storage or other non-parking demand-generat- ing purposes; b. Adjacent land uses are of a nature that there is a high probability that patrons will use modes of transpor- tation other than the automobile to access the use; c. Adequate parking is available on a shared basis as determined by all existing land uses within 1,000 feet of the parcel proposed for develop- ment, or parking is available through any existing or planned and commit- ted parking facilities or the shared parking formula in Article 2, Divi- sion 14. 6. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. Q. Sidewalk vendors. 1. The location of the sidewalk vendor does not impair pedestrian movement. 2. The land occupied by a sidewalk vendor is not designated or used for required off- street parking. R. Utility / infrastructure facilities. 1. No above ground structures are located adjacent to a street right-of-way; 2. Any above ground structure other than permitted telecommunication towers and utility distribution lines located on or along a rear lot line shall be screened from view by a landscaped opaque wall or fence which is at least two-thirds the height of the above ground structure and shall be landscaped with trees which five years after installation substantially will obscure the fence or wall and the above ground structure; 3. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. COrd. No. 6526-00, 9 1, 6-15-00) Section 2-803. Flexible development. The following uses are Level Two permitted uses permitted in the Tourist "T" District subject to the standards and criteria set out in this section and other applicable provisions of Article 3. Table 2-803. "T" Flexible Development Standards Min. Lot Min. Lot Jl1ax. Min. ivJin. Area Width Height Front Min. Side Rear lvIin. Off-Street Use (sq. ft.) (ft.) (ft.) (ft.) (ft.) ( ft.) Density Parking Alcoholic Beverage Sales 5,000 50 35-100 0-15 0-10 10-20 nJa 5 per 1,000 GFA Attached Dwellings 5,000- 50-100 35-100 0-15 0-10 10--20 30 units/ 1.5 per unit 10,000 acre I Determined by the 30 units/ community devel- Comprehensive Infill acre; 40 opment coordinator nJa nJa nJa nJa nJa n/a based on the spe- Redevelopment Project(l) rooms/ cific use and/or I acre ITE Manual stan- I dads Limited Vehicle Sales and 5,000 50 35-100 0-15 0-10 I 10-20 nJa 4-5 spaces per Display 1,000 GFA 50 I I lVlarina Facilities 5,000 25 10-15 0-10 10-20 ! n/a 1 space per 2 slips Supp. No.1 CD2:72 . . ZONING DISTRICTS S 2-803 Table 2-803. "T" Flexible Development Standards Min. Lot Min. Lot Max. Min. Min. Area Width Height Front Min. Side Rear Min. Off-Street Use (sq. ft.) (ft.) (ft.) (ft.) (ft.) (ft.) Density Parking Nightclubs 5,000 50 35-100 0-15 0-10 10-20 nJa 10 per 1,000 GFA Offices 10,000 100 35-100 0-15 0--10 10-20 nJa 3--4 spaces per 1,000 GFA 2.5 spaces per 1,000 SQ FT of lot area or as deter- Outdoor Recreation/Enter- 5,000 50 35 5-15 0-10 10-20 nJa mined by the com- tainment munity develop- ment coordinator based on ITE Man- ual standards Overnight Accommodations 10,000- 100-150 35-100 0-15 0-10 0-20 40 rooms! 1 per unit 20,000 acre Restaurants 5,000- 50-100 25--100 0-15 0-10 10-20 nJa 7-15 spaces per 10,000 1,000 GFA Retail sales and services 5,000- 50--100 35-100 0-15 0-10 10-20 nJa 4--5 spaces per 10,000 1,000 GFA (1) Any use approved for a Comprehensive Infill Redevelopment Project shall be permitted by the underlying Future Land Use Plan Map designation. Flexibility criteria: A. Alcoholic beverage sales. 1. Location: a. The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas; b. The use of the parcel proposed for development will not involve direct access to a major arterial street; 2. Height: The increased height results in an improved site plan and/or improved de- sign and appearance; 3. Signs: No sign of any kind is designed or located so that any portion of the sign is more than six feet above the finished gTade of the front lot line of the parcel proposed for development unless the sign is a paTt of a comprehensive sign pro- gram; 4. Setbacks: a. The reduction in front setback con- tributes to a more active and dy- namic street life; Supp. No.1 CD2:73 b. The reduction in front setback re- sults in an improved site plan or improved design and appearance; c. The reduction in side and rear set- back does not prevent access to the rear of any building by emergency vehicles; d. The reduction in side and rear set- back results in an improved site plan, more efficient parking or improved design and appearance; 5. The design of all buildings complies with the Tourist District design guidelines m Division 5 of Article 3. B. Attached dwellings. 1. Lot area and width: The reduction in lot area will not result in a building which is out of scale with existing buildings in the immediate vicinity of the parcel proposed for development; Location: The use of the parcel proposed for development will not involve direct access to an arterial street; 2. . S 2-803 . COMMUNITY DEVELOPMENT CODE 3. Height: a. The increased height results in an improved site plan or improved de- sign and appearance; b. The increased height is necessary to allow the improvement of off-street parking on the ground floor of the residential building; 4. Setbacks: a. The reduction in front setback con- tributes to a more active and dy- namic street life; b. The reduction in front setback re- sults in an improved site plan or improved design and appearance; c. The reduction in side and rear set- back does not prevent access to the rear of any building by emergency vehicles; d. The reduction in side and rear set- back results in an improved site plan, more efficient parking or improved design and appearance; 5. Off-street parking: a. The physical characteristics of a pro- posed building are such that the likely uses of the property will re- quire fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building for storage or other non- parking demand -generating purposes or that the nature of the individual dwelling units and their location is likely to lead to dependency on non- automobile modes of transportation; b. Off-street parking within the foot- print of the residential building is designed and constructed to create a street level facade comparable to the architectural character and finishes of a residential building without park- ing on the ground level. 6. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. Supp. No.1 CD2:74 C. Comprehensive infill redevelopment projects. 1. The development or redevelopment of the parcel proposed for development is other- wise impractical without deviations from the use, intensity and development stan- dards; 2. The development of the parcel proposed for development as a comprehensive infill redevelopment project will not reduce the fair market value of abutting properties; 3. The uses within the comprehensive infill redevelopment project are otherwise per- mitted in the City of Clearwater; 4. The uses or mix of uses within the com- prehensive infill redevelopment project are compatible with adjacent land uses; 5. Suitable sites for development or redevel- opment of the uses or mix of uses within the comprehensive infill redevelopment project are not otherwise available in the City of Clearwater; 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; 7. The design of the proposed comprehen- sive infill redevelopment project creates a form and function which enhances the community character of the immediate vicinity of the parcel proposed for devel- opment and the City of Clearwater as a whole; 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; 9. Adequate off-street parking in the imme- diate vicinity according to the shared park- ing formula in Division 14 of Article 3 will be available to avoid on-street parking in the immediate vicinity of the parcel pro- posed for development; . . ZONING DISTRICTS 10. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. D. Limited vehicle sales and display. 1. The use of the parcel proposed for devel- opment shall be located in an enclosed structure. 2. The use of the parcel proposed for devel- opment shall have no outdoor displays. 3 . No vehicle service shall be provided on the parcel proposed for development. E. Marina facilities. 1. The parcel proposed for development is not located in areas identified in the Com- prehensive Plan as areas of environmen- tal significance including: a. The north end of Clearwater Beach; b. Clearwater Harbor grass beds; c. Cooper's Point; d. Clearwater Harbor spoil islands; e. Sand Key Park; f. The southern edge of Alligator Lake. 2. No commercial activities other than the mooring of boats on a rental basis shall be permitted on any parcel of land which is contiguous to a parcel of land which is designated as residential in the Zoning Atlas, unless the marina facility is totally screened from view from the contiguous land which is designated as residential and the hours of operation of the commer- cial activities are limited to the time pe- riod between sunrise and sunset; 3. Setbacks: a. The reduction in front setback con- tributes to a more active and dy- namic street life; b. The reduction in front setback re- sults in an improved site plan or improved design and appearance; Supp. No.1 CD2:75 ~ 2-803 4. The reduction in side and rear set- back does not prevent access to the rear of any building by emergency vehicles; d. The reduction in side and rear set- back results in an improved site plan, more efficient parking or improved design and appearance. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. c. F. Nightclubs. 1. Location: a. The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas; b. The use of the parcel proposed for development will not involve direct access to a major arterial street; 2. Height: The increased height results in an improved site plan and/or improved de- sign and appearance; 3. Signs: No sign of any kind is designed or located so that any portion of the sign is more than six feet above the finished grade of the front lot line of the parcel proposed for development unless the sign is a part of a comprehensive sign pro- gram; 4. Setbacks: a. The reduction in front setback con- tributes to a more active and dy- namic street life; b. The reduction in front setback re- sults in an improved site plan or improved design and appearance; c. The reduction in side and rear set- back does not prevent access to the rear of any building by emergency vehicles; d. The reduction in side and rear set- back results in an improved site plan, more efficient parking or improved design and appearance; - ~ 2"803 . COMMUNITY DEVELOPMENT CODE 5. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. G. Offices. 1. Height: The increased height results in an improved site plan or improved design and appearance; 2. Signs: No sign of any kind is designed or located so that any portion of the sign is more than six feet above the finished grade of the front lot line of the parcel proposed for development unless such signage is a part of an approved compre- hensive sign program; 3. Location: The use of the parcel proposed for development will not involve direct access to a major arterial street; 4. Setbacks: a. The reduction in front setback con- tributes to a more active and dy- namic street life; b. The reduction in front setback re- sults in an improved site plan or improved design and appearance; c. The reduction in side and rear set- back does not prevent access to the rear of any building by emergency vehicles; d. The reduction in side and rear set- back results in an improved site plan, more efficient parking or improved design and appearance; 5. Off-street parking: a. The physical characteristics of a pro- posed building are such that the likely uses of the property will re- quire fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building will be used for storage or other non-parking demand-generat- mg purposes; b. Adequate parking is available on a shared basis as determined by all existing land uses within 1,000 feet Supp. No.1 CD2:76 6. of the parcel proposed for develop- ment, or parking is available through existing or planned and committed parking facilities or the shared park- ing formula in Article 3, Division 14. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. H. Outdoor recreation / entertainment. 1. The parcel proposed for development is not contiguous to a parcel ofland which is designated as residential in the Zoning Atlas; 2. All sign age is a part of a comprehensive sign program; 3. Sound amplification is designed and con- structed to ensure that no amplified sound can be heard to the extent that the sound is recognizable in meaning of or identity of a melody when wind conditions are less than ten miles per hour at a distance of more than 100 feet in all directions or when wind conditions are ten miles per hour or grater at a distance of more than 150 feet in all directions; 4. All outdoor lighting is designed and con- structed so that no light falls directly on land other than the parcel proposed for development; 5. Setbachs: a. The reduction in front setback con- tributes to a more active and dy- namic street life; b. The reduction in front setback re- sults in an improved site plan or improved design and appearance; c. The reduction in side and rear set- back does not prevent access to the rear of any building by emergency vehicles; d. The reduction in side and rear set- back results in an improved site plan, more efficient parking or improved design and appearance. - e ZONING DISTRICTS 6. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. 7. Off-street parking: Adequate parking is available on a shared basis as determined by all existing land uses within 1,000 feet of the parcel proposed for development, or parking is available through any existing or planned and committed parking facili- ties or the shared parking formula in Article 3, Division 14. I. Overnight accommodations. 1. Location: The use of the parcel proposed for development will not involve direct access to an arterial street; 2. Height: The increased height results in an improved site plan and/or improved de- sign and appearance; 3. Signs: No sign of any kind is designed or located so that any portion of the sign is more than six feet above the finished grade of the front lot line of the parcel proposed for development unless such sign age is a part of an approved compre- hensive sign program; 4. Setbacks: a. The reduction in front setback con- tributes to a more active and dy- namic street life; b. The reduction in front setback re- sults in an improved site plan or improved design and appearance; c. The reduction in side and rear set- back does not prevent access to the rear of any building by emergency vehicles; d. The reduction in side and rear set- back results in an improved site plan, more efficient parking or improved design and appearance; 5. The design of all buildings complies with the Tourist District design guidelines in Division 5 of ATticle 3. 6. Lot area and width: The reduction in lot area anclJor lot width will not result in a Supp. No.1 CD2:77 ~ 2-803 building which is out of scale with exist- ing buildings in the immediate vicinity of the parcel proposed for development. J. Restaurants. 1. Lot area and width: The reduction in lot area will not result in a building which is out of scale with existing buildings in the immediate vicinity of the parcel proposed for development; 2. Location: The use of the parcel proposed for development will not involve direct access to a major arterial street; 3. Height: The increased height results in an improved site plan and/or improved de- sign and appearance; 4. Signs: No sign of any kind is designed or located so that any portion of the sign is more than six feet above the finished grade of the front lot line of the parcel proposed for development unless the sign is a part of a comprehensive sign pro- gram; 5. Setbacks: a. The reduction in front setback con- tributes to a more active and dy- namic street life; b. The reduction in front setback re- sults in an improved site plan or improved design and appearance; c. The reduction in side and rear set- back does not prevent access to the rear of any building by emergency vehicles; d. The reduction in side and rear set- . back results in an improved site plan, more efficient parking or improved design and appearance; 6. Off-street parking: a. The physical characteristics of a pro- posed building are such that the likely uses of the property will re- quire fewer parking spaces per floor area than otherwise required or that the use of significant portions of the e e S 2-803 COMMUNITY DEVELOPMENT CODE building for storage or other non- parking demand-generating purposes; b. Fast food restaurants shall not be eligible for a reduction in the num- ber of off-street parking spaces; c. Adequate parking is available on a shared basis as determined by all existing land uses within 1,000 feet of the parcel proposed for develop- ment, or parking is available through any existing or planned and commit- ted parking facilities or the shared parking formulas in Article 3, Divi- sion 14. 7. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. K. Retail sales and services. 1. Lot area and width: The reduction in lot area will not result in a building which is out of scale with existing buildings in the immediate vicinity of the parcel proposed for development; Location: The use of the parcel proposed for development will not involve direct access to a major arterial street; 2. 3. Height: The increased height results in an improved site plan or improyed design and appearance; 4. Setbacks: a. The reduction in front setback con- tributes to a more active and dy- namic street life; b. The reduction in front setback re- sults in an improved site plan or improved design and appearance; c. The reduction in side and rear and setbacks does not prevent access to the rear of any building by emer- gency vehicles; d. The reduction in side and rear set- backs results in an improved site plan, more efficient parking or im- proved design and appearance; Supp. No.1 CD2:78 5. Off-street parking: a. The physical characteristics of a pro- posed building are such that the likely uses of the property will re- quire fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building will be used for storage or other non-parking demand-generat- mg purposes. b. Adjacent land uses are of a nature that there is a high probability that patrons will use modes of transpor- tation other than the automobile to access the use; c. Adequate parking is available on a shared basis as determi:p.ed by an existing land uses within 1,000 feet of the parcel proposed for develop- ment, or parking is available through any existing or planned and commit- ted parking facilities or the shared parking formula in Article 3, Divi- sion 14. 6. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. COrd. No. 6526-00, S 1, 6-15-00) . -- -- Presentation Materials FL 00-10-46 880,900 and 908 North Osceola Avenue - . COMMUNITY DEVELOPMENT BOARD - Presentation Outline CASE: FL 00-10-46 ADDRESS: 880,900 and 908 North Osceola Avenue REQUEST: Flexible Development approval to increase the height of attached dwellings from 35 feet to 100 feet and to reduce the (north) side setback from 10 feet to three feet (to an emergency access aisle), with a Comprehensive Landscape Program. I. Site Description A. General 1. 8.89 acres 2. north of downtown 3. Clearwater Harbor to the west 4. 4.5 acres is submerged land 5. 4.37 upland acres 6. Sloped parcel wI 23 feet grade differential B. Existing structures 1. Wood-frames house and two-story garage wI rental unit- northeast 2. Boat repair and storage bays - north property line 3. Open and covered boat slips - east marina end 4. Sun Cruz charter boat I masonry building - south 5. 2,000 sJ. bait shop - southwest comer 6. two-story masonry building - between Osceola and Ft. Hanison 7. asphalt covers site 8. poorly maintained I poor condition II. Neighborhood Character A. North Ward Elementary School- east B. Single-family I Multi-family northwest C. Funeral Home I Clearwater Little Theater - south D. Seminole Street boat launching ramp - southwest E. Mix of land uses - fair condition m. Land Use Regulationsl Periphery Plan A. Multiple Zoning Districts 1. Tourist - west 2. Medium Density Residential - northeast 3. Commercial- east 4. Preservation - water B. Periphery Plan 1. The City Commission adopted the Periphery Plan in 1993 2. identified the vicinity as a redevelopment area that has a locational advantage of being in the vicinity of the City's downtown. 3. land use plan amendment - Central Business District . e 4. appropriate Downtown zoning district was never applied 5. rezoning to the Downtown district is scheduled for February 2001. 6. Plan has been recommended for approval by the Community Development Board C. Intensity / Density 1. The Comprehensive Plan references the special area plan. 2. The Periphery Plan allows a maximum density of a. 50 dwelling units per acre for parcels in excess of two acres. The Plan allows a maximum b. Floor Area Ratio (FAR) of 0.50 for nonresidential uses. IV. Site Plan Summary A. Includes: 1. Mixed-use, Key West-style village and marina 2. condominium building with 140 units, 3. a restaurant, 4. retail space, 5. an office building and 6. 112 plivate boat slips B. Condominiums 1. Remove wood-frame house, two-story garage, and boat repair facilities 2. eight-story condominium building 3. 21O-space parking garage. 4. light coral colored stucco accented by blue 5. hip/mansard roofing 6. Each unit will have balconies overlooking the bay. C. Restaurant! Retail 1. Remove the Sun Cruz charter services and masonry building 2. 7,000 square-foot restaurant 3. deck that extends into the private marina over the water 4. remodeled retail shop 5. rental office. 6. Designed in keeping with the project's Key West architecture and color scheme. 7. proposed approximately two feet from the south property line 8. The Fire Code requires 20-foot emergency access aisle 9. staff recommends this issue be addressed before the issuance of a building permit for the restaurant and/or retail/office building. 10. Parking a. parking for the restaurant must be on site b. shall not impact the public boat ramp parking. c. barrier should be constructed to prevent restaurant patrons from parking at the boat ramp propelty. D. Boat Slips 1. Retain 112 boat slips; 2. 40 slips reserved for the condominium 3. 72 slips to be leased to the general public - e 4. remove any covered docks The 5. eliminate existing 92 "high and dry" boat storage bays E. Office Building 1. Converted to a larger 4,500 square feet office. F. Access (ingress/egress) 1. Two vehicular access from North Osceola Avenue; 2. Office building is accessible from North Osceola A venue and Ft. Harrison Avenue. a. building has visibility constraints and traffic hazards. b. Recommend close Ft. Harrison curb cut 3. Pedestrian pathways 4. six-foot sidewalk - North Osceola Avenue. G. Intensity 1. Consistent with the 1993 Periphery Plan/Periphery Plan 2000 2. FAR 0.5 3. 50 dwelling units per acre 4. 4.37 of upland acreage - intensity 5. meets the density and intensity requirements 6. does not utilize all of its development potential v. Request A. Specific: 1. Increase the height of the condominium building from 35 feet to 100 feet 2. reduce the (north) side setback from 10 feet to three feet for an emergency access aisle. 3. Comprehensive Landscape Program. 4. The other elements of the proposal do not require approval from the Community Development Board. B. Height 1. The Tourist District allows Flexible Development maXImum of 100 feet. 2. 23 feet grade differential 3. perceived at 77 feet from Ft. Hanison A venue 4. Other heights a. Harbor Bluffs waterfront condominium - approximately 100 feet. b. the Osceola Bay Club - 150 feet c. The Belvedere Apartments - 75 feet. 5. The Downtown District a. peImits up to 150 feet b. front on Clearwater Harbor C. Setback Reduction 1. 30-foot emergency vehicle access aisle 2. site constraints e -- VI. Recommendation A. Approval wi conditions B. Conditions 1. That a building permit for either the attached dwellings or restaurant be submitted within two years from approval of the site plan; 2. That the existing chain link fence along the south property line be replaced with a decorative fence including masonry columns and metal grills; 3. That a gate be installed along the south property line to prevent restaurant patrons from parking at the Seminole Boat Ramp property; 4. That the existing curb cut along the west side of Ft. Harrison A venue be removed and reflected on a revised site plan; 5. That all signage be integrated/coordinated with the building architecture and all freestanding signs be limited to monument- style signs; 6. That the final design of all new buildings be architecturally coordinated and consistent with the conceptual elevations as submitted; 7. That emergency access be provided to the south/west of the proposed restaurant/retail buildings, to the satisfaction of the Fire Marshall, prior to issuance of building permits; and 8. That the cover for the boat slips along the east end of the marina be removed prior to any building permits for the attached dwellings. e r-L~ rAQlv/;~fi,. rU/t/jf\l~ Fierce, Lisa From: Sent: To: Cc: Subject: Morris, William Tuesday, November 07,20002:31 PM Fierce, Lisa Stone, Ralph RE: '\ Oh the fi;;;tissue, I would prefer not to hire an architect, each individual dock space is a different size, many have different loading requirements, "queing issues" for passengers... ie the 75 people who congregate at pirate ship to board as compared to the 6 who go charter fishing. The "six pack" (six passenger for hire charter boats) live almost trip to trip and use a "desk and an umbrella". I think we should require and "new structures" to be presented with a site plan, drawings etc done in accordance with a "design standard" ie the tropical seascape we have generally adopted out here. What ever the planners come up with is fine, have the business owner have something built to a standard... If I hire an arch teet I'll be doing building designs for each individual commercial tenant... does the existing standard/beach plan have height/setback/squarefoot/roof line/color/trim standards? Lisa: with reguard to "one large booth" its a management nightmare, great idea in theory and it does work in other places... if I was starting from scratch I would do it... here however, everyone would feel that "the otherguy" got the best trips, first bookings, etc... unless we want to go to the commission to change way we operate the commercial side of the marina, this one will meet strong opposition... Lisa/Ralph: Can we just give the commercial tenant the design parameters, color requirements and let them hire the architech? If I hired and architech today I have no idea what to tell him... I do know that the bigger booths, have used the same architech who designed the lifeguard office/pier 60 parking lot attendent structure and he visually fits what is already here along the tropical seascape theme with no guidence whatsoever... thanks, Bill M -----Original Message----- From: Fierce, Lisa Sent: Tuesday, November 07,2000 1 :01 PM To: Morris, William Subject: hey bill, i have two issues to discuss with you. (sorry for the long-winded em ail upfront) 1) regarding ticket booths on city property, contrary to popular belief, we do not have a design on file against which we review proposals on the beach. we do have the very preliminary "beach by design" plan that is making its rounds to the public and may be adopted by the commission in december/january. it, however, does not provide any specifics on things like ticket booths (it addressed bigger buildings primarily). i discussed this with ralph. in absence of any good design information that we can share with customers, he thinks we need to hire an architect to create a design. he asked that you take the lead on this. within the last week, i have heard of two people who would like to redesign/rebuild their ticket booths (including the lady with the sea screamer). it may make sense for you to get a feel if there are others and find out what they want to do. if there is an interim need for someone to fix their ticket booth, we can approve something temporarily with the understanding that it will need to conform with whatever we come up with in the final deSigti r~Uld Jike.1o 9Ot1' \ 1 ", 'J , la' . ; e e feedback on all of this before i contact joyce graves again. 2) i need your comments on the marina development proposal that we reviewed yesterday at the drc. 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IO/J;Yd/,J(.. ~1 jt ;A: "l"ltJ1j. f;7/lki>f/:f?/d4:9 . /Yj f!tr: Ift??//{ . . e light function with battery back-up; 10) early warning fire detection system be installed prior to business operation; 11) Fire Department be granted access to allow inspections at any time as deemed necessary; and 12) all exit doors to remain unlocked and unblocked during business hours. Either key remain in exit door that lacks a thumb latch or thumb latch be installed. Item #D6 - 1426 McMullen-Booth Road: La Carnda Holdinq Company/James Rapp (Sunset Mercantile Limited Partnership) - Owner/Applicant. Request flexible development approval to permit a self-storage business in IRT District with a reduction in required number of parking spaces from 174 spaces to 147 spaces, as part of a Comprehensive Infill Redevelopment Project (amendment to approved site plan - June 20, 2000 Community Development Board Meeting) at H.H. Baskin's Replat, part of Tract 1. FL 00-10-40 ACTION - APPROVED - 7:0 with CONDITION: limit attached signage to 48 square feet. Item #D7 - 14 S. Everqreen Avenue: Dennis R. & Rebecca Dunn/John N. & Ann Bovee (First Impressions) - Owner/Applicant. Request flexible development approval of a light assembly establishment within the Commercial District with a reduction in required parking from 6 spaces to 4 spaces, as a Comprehensive Infill Redevelopment Project with Comprehensive Landscape Program at Overbrook, Blk 3, Lots 19 & 20. FL 00-10-37 ACTION - APPROVED - 7:0 with CONDITION: no change or use permitted which requires more than four parking spaces. Item #D8 - 1825 Gulf-to-Bay Boulevard: Kurdi Real Estate Inc./Seydo M. Kurdi (Amscot Corporation) - Owner/Applicant. Request flexible development approval to permit problematic use in Commercial District within a building which does not meet all current land development regulations and is within 500 feet of another problematic use, as part of a Comprehensive Infill Redevelopment Project, with Comprehensive Sign Program and Comprehensive Landscape Program at Sec 13-29- 15, M&B 32.04. FL 00-10-47 ACTION - APPROVED - 6:1 with CONDITIONS: 1) limit signage to two attached signs, with no freestanding signs and 2) prohibit reference to problematic use, check cashing, on any signs visible from public right-of-way or adjacent properties. Item #D9 - 880, 900 and 908 North Osceola Avenue: Jacinto Castellano & Elena Betes/Jim Dan Inc. (Florida Marine & Resort Developers, Inc.) - Owner/Applicant. Request flexible development approval to increase height of attached dwellings from 35 feet to 100 feet, reduce north side setback from 10 feet to 3 feet, and permit a non-residential parking lot within the MDR District, with a Comprehensive Landscape Program at J.A. Gorra's Sub, Blk 2, Lots 1-3, Sue Barco Sub, Lots 1, 13-14 & 22-23, and F.T. Blish's Sub, Lots 1-3 & 8-10 & triangle land to west. FLOO-10-46 acd 1 200 3 12/12/00 e . ACTION - APPROVED - 6:0 with CONDITIONS: 1) submit building permit for either attached dwellings or restaurant within two years of site plan approval; 2) replace chain link fence along south property line with decorative fence to include masonry columns & metal grills; 3) install gate along south property line to prevent restaurant patrons from parking on Seminole Boat Ramp property; 4) remove curb cut along west side of Ft. Harrison Avenue and reflect change on revised site plan; 5) integrate/coordinate all signage with building architecture & limit all freestanding signs to monument-style signs; 6) architecturally coordinate final design of all new buildings to be consistent with conceptual elevations as submitted; 7) provide emergency access to south/west of proposed restaurant/retail buildings to satisfaction of Fire Marshall, prior to issuance of building permits; 8) remove cover for boat slips along marina's east end prior to obtaining any building permits for attached dwellings; 9) orient balconies and views from northernmost bank of condominium units toward northwest; 10) limit extension of condominium building line adjacent to residential properties to the north farther east than what is generally shown on submitted sketch; 11) do not locate air conditioners or mechanical equipment along northern & eastern property lines of subject property with preference to locate on roof; and 12) prohibit outdoor live music or outdoor speakers at proposed restaurant. ITEM E - DIRECTOR'S ITEMS Board to hear rezoning request for Connelly property on 01/23/01. Request to improve sound system in Chambers. Staff to review Concern expressed property surveys should be sealed and match site plan. Staff to review. ITEM F - ADJOURNMENT - 4:51 p.m. acd 1200 4 12/12/00 e tI 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, December 12, 2000, beginning at 1:00 p.m., in the City Commission Chambers, in City Hall, 3rd floor, 112 South Osceola Avenue, Clearwater, Florida, to consider the following requests: 1. Warren A. & Beth S. Wilson, III are requesting a flexible development approval to reduce the side (west) setback from 15 ft to 6 ft and reduce the rear setback from 25 ft to 10 ft, as part of a Residential Infill Project at 3042 Geiger Ct., Landmark Palms, Lot 11 and part of Lot 12. FL 00-10-36 2. Lawrence E. & B. Jane Boone is requesting a flexible development approval to reduce the side (west) setback from 15 ft to 8.5 ft as part of a Residential Infill Project at 3164 San Pedro St., Del Oro Estates, Lot 17. FL 00-10-38 3. Joseph C. Pattv, Jr., TRE is requesting a flexible development approval to reduce the side setback (east) from 15ft to 13 ft and to reduce the rear setback (south) from 25ft to 23ft, as part of a Residential Infill Project at 1931 Oak Ridge Ct., Oak Ridge Court Estates, Lot 1. FL 00-10-39 4. John & Catherine M. Breen are requesting a flexible development approval to reduce the side setback (east) from 15ft to 13 ft and to reduce the rear setback (south) from 25 ft to 23 ft, as part of a Residential Infill Project at 3261 San Pedro St., Del Oro Groves, Lots 329-331. FL 00-10-41 5. Warren LTD / Business Records Management, Inc. are requesting a flexible development approval of a temporary records storage business in the Downtown District not to exceed one year, a part of a Comprehensive Infill Redevelopment Project at 105 S. Mvrtle Ave., Tack and Warren, Lot 3. FL 00-10-48 6. La Canada Holding Company / James Rapp (Sunset Mercantile Limited Partnership) are requesting a flexible development approval to permit a self-storage business in the IRT District with a reduction in the required number of parking spaces from 174 spaces to 147 spaces, as part of a Comprehensive Infill Redevelopment Project (amendment to approved site plan - June 20, 2000 Community Development Board Meeting) at 1426 McMullen Booth Rd., H.H. Baskin's Replat, part of Tract 1. FL 00-10-40 7. Dennis R. & Rebecca Dunn / John N. & Ann Bovce (First Impressions) are requesting a flexible development approval of a light assembly establishment within the Commercial District with a reduction in required parking from 6 spaces to 4 spaces, as a Comprehensive Infill Redevelopment Project with Comprehensive Landscape Program at 14 S. Evergreen Ave., Overbrook, Elk 3, Lots 19 & 20. FL 00-10-37 8. Kurdi Real Estate Inc. / Seydo M. Kurdi (Amscot Corporation) is requesting a flexible development approval to permit a problematic use in the Commercial District within a building which does not meet all the current land development regulations and is located within 500 ft of another problematic use, as part of a Comprehensive Infill Redevelopment Project, with Comprehensive Sign Program and Comprehensive Landscape Program at 1825 Gulf to Bav Blvd., Sec 13-29-15, M&B 32.04. FL 00-10-47 9. !llcinto Castellano & Elena Betes / Jim Dan Incorporated (Florida Marine & Resort Developers, Inc.) are requesting a flexible development approval to increase the height of attached dwellings from 35 ft to 100 ft, reduce the side (north) setback from 10ft to 3ft, and permit a non-residential parking lot within the MDR District, with a Comprehensive Landscape Program at 900 N. Osceola AYe.,1~Gm:r3'-5-Sub~1L2,-LOl~3~ Sue Barco Sub, Lots 1, 13-14 & 22-23, and F.T. Blish's Sub, Lots 1-3 & 8-10 & tringlland to west. FLOO-I0- 46 10. (cont. from 11/21/00) Charalampos & Sevasti Alexiou (Kirk Construction) are requesting a t1exible development approval to reduce the front setback from 10ft to 0 ft, reduce the rear setback from lOft to 0 ft and ta - reduce the required number of parking spaces from 71 spaces to 13 parking spaces, reduce required number of handicap spaces from 6 to 1, as part of a Comprehensive Infill Redevelopment Project at 7 Rockawav St., Miller's Replat, Lots 2, 3 & vacated Beach Dr. on West. FL 00-07-29 11. (cont. from 11/21/00) Thanh Phuoc & Kimtruc Thi Nguven is 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-Bav Blvd., Bay View City Sub, Elk 8, Lots 8, 9, 10 & 1/2 of vac alley on N less Rd. right-of-way on S. FL 00-08-33 Interested parties may appear and be heard at the hearings or file written notice of approval or objection with the PlaIming and Development Services 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 and Development Services Department, 100 S. Myrtle Ave., Clearwater, FL 33756, or call 562-4567. Lisa Fierce Planning and Development Services Cynthia E. Goudeau, CMC/AAE 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 11~ LARGE PRINT IS AVAILABLE IN THE CITY CLERK DEPT. ANY PERSON WITH A DISABILITY REQUIRING REASONABLE ACCOMMODATION IN ORDER TO rARTlCIPATE IN THIS MEETI1~G SHOULD CALL THE CITY CLERK DEPT WITH THEIR REQUEST AT (727) 562-4090. Ad: 11-25-00 e 'bD~\d L.. ' +-\cx.y r( l \ ',70 I-si~~ Wo.-y 'tf:=-30S (~\t:curu..:o.:~efj ~L '3~ 70"7 F\ Dr\~ 'f'\"\o-\'-\"t: ~ \(esc.r+ Dellel opel's 'dl{-~'S 'Os. I q S'D: +e 350 l-\o \'\J.CA'f) F 1- 3f+<til1 1"jOF~GI~t'i" :;:,;TE:VEt',! F~ 1"ior~CiPI~,j" v I CJ.< 1 I::: :501 CE.D(iR ST CL,I:::Plr'~hl(~ TE:R F:L, 3:3755 :;;;002 JHi DA~! H,le 900 N OSCI:::OLA AVE CL,E(~RW(iTER F'L, / :3; ~5 '7 .:s 5 ~) () ::3; ~3 PAYNE"S OIL CO INC 607 ~"! I CHOLSOh! ~3T CL.E:::AR\!Ji;~ TE:F~ FL 3:37',!::,.5, 3()3.:;, TFUHIGI"I COF7.P 1()04 DRE~\! ST CL"EI~F7.I"~I~TER F~L :5:::S7t:;..5 3C):2:3; CLE0IF?II\!~~ T[F<~" C 112 5 OSC~~':= ,,('I PO BO>< ',/48 CL,E(" ""I(>ITER FL_ C U':: r:i F~ I,..,! (H r:~: R " PO BO>< 47 "" CLE:(-'iF(\!,' "E:F:'~ Y OF D{lNivi(iF<" .J J I ['-Ie ::,,254 f"iPISTEr.;:s Dr~~ I,::; L. E: (~ f~ 1.^,1I'~ T E: F<~ F~ L, ::<;3761 ,1819 ('IVE: SCI FUNERAL SERV FL.A INC C/O ):" jvi;'lt., (?]E:t"iENT C:OF~P PROF ::: -, '\' ",< DEPT P O'O'~ HiJUST01",j . ' <;~O/\\f' f qc~ ~ O~~2(( O\~ FL OtJ.-IO-JfCp CD8 I~-id-OO C13 (,;0 J RJ :)-F) J.<ISCHKE-WOLBRANDT" CHRISTIN 303 CE~Dt~R ::;T CL,F:(if7.lilll'~ TEH FL" :~; ~3 '/ ~s .:1 :3; () () 2 PINELLAS 80 OF PUB INST PO [30)( 2942 l.,(iRGO n~ ~)37.l9) 2:S'4':? CL.EARWATER GAHDEN CLUB .(1r;):::. SE:I'1 I HOLE ST Cl."E(-)R\^!n TEF~ FL~ ~3~37'551 3~36,0 RICHARDSON" ROBERT R RICHnRDSON. DEBORAH A 700 N GARDEN AVE CLEf~IRIt.,1(>rTE~r-~ FL :)~:S ~15.S ;:) ~3 213 WEST COAST INLAND HnVlCiATION DISTRICT POBOX 1845- VE:t',J, I C;F~ FL 'S.42Er4 1.;;3<',15 .JOF~D(iC I He 505 CONSUMERS RD STE 1000 WILLOWDALE ONTARIO M2J - C At-,j P~I 0 (~ SCI FUNE:RAL SERV FLA INC C/o SCI MANAGE:MENT CORP PROPERTY TAX DE:PT P 0 E~:())( 1:;;0548 HOUSTON T>< 772./<::1 - OS-LlY' ,. c....c............... ~.,.'.,,/-,. '",' AL..L[N" FR[D ~;~ 1,'.)0 [30)< 275 CL,E(,~RliJ(;~TE:R FL :)(>)75/ 0275 CLE:ARWATER CITY OF PO E:OX 48 (~I...E('j :""An~F<: FL... e - / '/ .ill. '7 1..."'..".) c..f (J '-'l [;~~An',.! (, ~r-crl 7"" I '--"( CJF 1....... ..... ..... r~ v' Pi !..::~ r'\ ,':I ..... PO BOX 47"43' CL[I0jm\.I~ ~... h~ F7L. JOHNSON. WILLIAM M JR 1659 LOrJ.Gi sr C;L.EARW(~TER FL_ 3Z;'/ 51E, ~St}31 WHITEHURST. LEON JR C/O BASKIN, HAMDEN HIlI 720 SNUG I SU~ND CL.EAF~~\)(irEr--< f~L 3~57~~~~ 7 1831 1-), (',VE HOUSTOi"1 T::< J' 'v" ......'....f t..~1 PIJPCEL_L.. L.E:E H PURCEL.L.. JANET L 1012 N OSCEOLA AVE CL. EI~r~~I,I,I(~1 TEF~ F~L. H(iDLEY. J('II'.1E:3 I~ HADLEY. JUDITH G 512 CL.EVELAND ST ~ M-S 201 Cl_[~Af~~\Jr, TEr;~ F L 557 5'=:, 4002~ :5 :5 ~/ !) .~~I ~~; t:) t~ (..1 LOPEZ. CAPLOS JR L.OF'E? CCIL.L.EEN A 1.414 SUt~SET Df~ CL^E(~R~I,I(~TEFi~ f~'L. NASH" P (iN DR [\1\1 5417 1ST I~~'<,/r:: N ST PETERSBURG FL ::) ::; ""/.1 () 8 (:1 CJ :~; ::5~:;7:55 2:45::; PANOUTSAKOS. JOHN PANOUTSAKOS. EVANGEL.IA A 1016 N FT HAPRISON AVE CL.E~Ar~~I,,!(~ T EF,~ fCL 33755 ;'5017 Ht.Je01HES. (I.)ESLEY F' HUGHES. MICHELLE R 1011 N OSCEOLA AVE C L E: ('I f--< 11") (~I T [: F<~ F l~. ~5~)-1 ':1.5 3()~..1 PANOUTSAKOS. EVANGELIA 1016 N FORT HARRISON AVE CL"Er-'iF<(n)(-), TEF~ FL. :3~5'?E>5 3C)1..'? PANOUTSAKOS. EVANGELIA 1105 N OSCEOLA AVE CL.E(~Rl")I'~ T'EFi: FL ~5:~;7,:,.5 :3t)43 ADRAGNA, BERNARD ADRAGNA. BERNIECE M 1905 HIL.L DF.: PP,U'i H(~h:BOF: FL. :::;46~:~3 6e:-:22 THOMAS-WEIBLE. DEBPA A 1006 N FORT HARRISON AVE CL.Enh~\',)r:~ TER F~L_ :~) ~~; 7' .51 S. Z; Cl,l'? :.1~1~1:~: ~ S~W~:': ::,BL ~::" ~ ~[J~~(~~ ('I J.uu , r /- Jh:,f.'IHh: 1 ~:::uN ~~\I'E: CL"E -- {i E: 'L. 3~37..:;(......( 31:).1'7 TH01"'i~('i<.::""'W~::1 L=" DEF3RA 1()06' t. : )F' .. f~IPr:~ 1 SON CL.E(-~.I,!. :::~ ~;:L. :5 ::; ~7 .51 .,il ~~~ () 1. '7 I~ {~VE BAUER" BRI,JCt:: B(~IUF:R. f'!C)[~:UE 1000 N FT HARPISON Cl~.EI'~h:/,.I)P1T[R FL. I~~VC t.jl :S37.~).:1 3()J.6 V,!OI~F'r-':'" BE.i'~,J,~r"iIN (S!') YI~~IF-<: 3T F< () f'i (-~ T '" n (-~ 1',1 ~I ::;F\:(.~IEL. I:::Rn~CH. JOHN h FRENCH. SANDRA L. 1300 r"i(-'i I N ST DUHED I f'1 P:L. ~~54t;,98 ~:S1239 e Cl_EARI;')(l TEh~ : I TV OF' F::JO E~: 0 >< ,~'" ,-,8 CL.[(1~'7 iTER F:'L CLEARWATER. r' V OF PO E~O)< 4/" ,_, SEVMOUR, JAMES E SR SEVMOUR. PEARLIE 807 N JEFFERSON AVE CL_E{",F~(,\,1{:1 TEF\~ F:'L 32;.~l5S t;.t~5J~~3 MC LEOD, RODRIGUES 446 E Li;~K.E DR TARPON SPRINGS FL :3 if l~;' ~3 ') 8 t~;. ;? '}' SPINA, JAMES A II SPINA. MAELIEN VUEN ::;;1.3 EL,DF;: I DGE ST CL_ E:(lF~~\,1(i TE:r~ FL, 3~;755 3804 KIRSCHENBAUM, THERESA 3J,7 ELDRIDGE ST CL,Er;~Hv.JI':'ITEH FL_ ~~~3'?5SI :38()4 CASTELLANO, JACINTO BETES, EL"E~J,{:I 906 N OSCEOLA AVE CLE(~,H',n)(~TE:R FL, 3~) 7' .~:;51 3().:~;8 1'11~~IPT IN, SUS{)I'J. 1"1 714 N FOHT HARHISON AVE CL.E:I''iF,~iAl(lTE:R FeL 2~2r7 5,5 :)8~?:2: HAMPTON, BESSIE L SH{:II,nJ, GAF<Y :" 60,1;:, NICHOLS:Ot',! ST CL.E(lf:;:~\)(~ITE:r~ FL ~;:3;75t5 :)()~3.S h~HOi~E" 1"iAF~Y L, ell N G{:IRDE~'J, (-~VE CL"EAF1ll,){~ TE:F< FL, :~~ ~3; 7" .5 E. ~~ 0 :2 :3 C L.E I'm I~ S, M IS) h~ Y ISL_(4ND" E:C1ITH 8(;t5 N (~('lh~DCt',! ,~'iVC CL.E(~F<I^IATEF\~ FL, ~~;3 '"l E~~~l 3r.)~23 / - CLEARWATER. r, TY OF PO BO)( 47" oj CL.E:(~R(I. 'Ef~ FL_ ElUF.~QE;3S, (lH LL, I E: P BURGESS. VEHNICE 1004 N GARDCN AVE: CLE(lr~II\)(>ITEF: FL ::;3755 302(, LUMPKIN, LE:VERTIS L L,U~'iP~\ 1 ~,!. 1._0h~(-~ {.:~ 1000 N GARDCN AVE C L_ E (::, f:;: I,nJ (~Ir E h~ F L, ~~; ~) ~7 .S..5 2S 0 :? 61 AIR DISTHIBUTORS INC 1139 ELDRIDGE ST CLE:f-'iRv.,1{'ITEP FL ~53;755 4310 RAGUIDEAU. MAURICETTE :315 r.:::L, OF< J DGE:' ST CLEAF1v.JI'HE:R FL ~3375,~, ~-)804 ~~ ;eN~ L~ :~(4fllJ:~ :~, B L: elF ;~:; . ~ I;~' 0 "i. ,L'~,,;, 3<5 J' J :,~, 42 PUr] I i'J.~?: '1" 'I ~~\iE BRUWER. JENNIFE:R A 705 N OSCEOLA AVE CL_E(~RV,,1A n::~Fi: Fl_ 337.5.:) 3f~c+:5 GHEE:H, SYL.VII''i H 531 BROXBURN AVE H~fl'1 P r:~ FL. ::; :~3 c~ .1, "1 'l ~3 :;: ;:~ C08B" LEOU~ D 809 N GARDEN AVE CL_E:I''iF\~ \I,) f-'i TEF1 FL., 337E,S :302::~; EICHNER, CHARLES P EICHNEH. RICKI I 5113 66TH :'31 H P(~ILr'i H(~IHE:or:;: FL. ::).(t68~~ 4,S()1 WHITNEY, DORIS A 4566 ROUND TOP DH L,O~~~ 1''it'~GE:L.CS Cf-i 900(SI:O,; 49:30 - e FL.OYD" THOt"'iAS FLOYD. ELIZABETH 0 1411 Fr~IF?110r,!T ST Cl_[:(4F?I/\.lATE~~ FL. Itll I LCHEF~, HI Cf<.S 1640 PALMWOOD DR CLEi-'.)m'JATER FL. :~; ~:' '7 .5, (~) 3 I~S }' ~~ 3~)75'::1 27E.3 INC HOF~3EY, t~I(4 TTHEVJ 809 N FORT HARRISON AVE CLE~;F:~VhHER FL. ::,; ~5 '7.:;1 .~S 3 () 1. 2 CALLAN, JAMES M JR 807 N FORT HARRISON AVE C~ L" F~A Fllt,.I (~T E F~ FL. :3Z;7'.:~~5 3(:t1.2 SCI FUNERAL 3ERV FLA INC C,/O e;:iL I ~'~(4 ,ff, ~(EMENT cm:;:p PROP:~ .." -I,( TI~- ' DCf,')T PO.:' ~ ...:._~)0._)4t~ HOUSTO~'j TX: 801 N FORT HARRISON INC 647 E DANIA BEACH BLVD [)(4NI~; F'L" " \' . ~... ,J.., / \.,~ ......... ....'"t C,:' Ki-; 3:5()()(4 :?~()1.8 ,5,0 CL :5S,:)-l f<,(4UTl" STEPHEr,! 504 SE:~'iJNOLE S~T CL_E{:'iRlIJ{i TE:F? FL. ::5::S '7 .5''::1 :?~ 8.S .1. R IOS" Ct'tROL. t1 507 NICHOLSON AVE CL_E r.'.) Rl^.I,'; TER FL 3:57'.:.~.5 ~5():33 GOlb;RD, FMNDY' (~OZZI~r~:D, ::rUDEE 3100 GULF BLVD # 111 BELLEAIR BEACH FL ;:;25'186, 3648 OLIVIERI. ANNA A FIGUEROA. ANTONIA :511 ~~;PR I r~G1 C:T CL_Et\r:;:V,!p, TEFi~ Fl_ :33'1.55 :5055 V~ORDIE, G(4YL_E J C;O SNOW, SCOTT & KATHLEEN :53:5() F I SHEP RD CL.Et\f:;:I/I)P,TER FL, :':;:376:5 0905 HAL.L_, f<Ei'~I',,!ETH V~ Hr~L.L, L H~DI0j GI 30:'3 SPF<.Ir,m (::::T CL_EI~~Rlp){:'ITER F'L :3;;)~l55 3(),::,~) LOPEl. HORTENCE A (')LE><PI~'J.[)Er.:;:, riEF~RY ::;09 SPP:r ~'Kl CT CL_E:(')P~\)(.l T EF? I:::L :::;:5755 3055 ALEXANDER. MERRY LOPEZ, HORTENCE A :305 SPFi: I r~Cj CT C L_ E: t~ F,~ ('I,I?\ T E: R FL.. 33755 3055 PUGO-CAIPO HOLDINGS INC 198 I,,)EST B(4Y ()F~ L(4F<:GO FLo :~~; ~) )' "7 () ;~; ~3 6. 2 HOLD I HaS IrK: MC DANIEL, BPIDGET R 603 ~3 CED(~R 3T C;LE(,;RI,I~ATE::P r;L 3::5755 3010 Vi-'.)LL. I EF<ES, r-i(~lF~C BARTELL. ROBERT H 214 S HIGHLAND AVE CL,Et'IF;~I,~P,Tr:::R FL_ ~:5 ~5 7" 5 ,:~I 6 ;~; :2 1. D(~V IS, AI~.L I E t'11~E: 91.1 i"! l?i (:1 F:D E i',j (~VE CL_E(,;nVJ I~)I TEh~ FL.. :537 ,::1 E) :5 () 2: .~=) BRIGlHT. WILLIAM E BRIGHT, PARTHENIA A 909 N GARDEN AVE CL.,E('IRI"J(~)TER FL. ~537 55 ~5Cl:2':;1 3t"iAF~T" C{iL.VI~..! ::::; t.'i (;:, F~ T" J 1...1 I~'I I'..! IT (~ 907 r',1 GI';f~DEt,J, {i'v'E CLE:(4RI",1~';,ITER FL. MOURA, ANTHONY A 905 N G1ARDEN AVE C L, E: (,'.) R W (4 T [' f~,~ I~: Lo. ~; 2) 7.S.5 ($ () :2:.S 3 ~:; 'V/ EI 5 ;:; () :2 E, e e LEE, ELLA D EST C/O lEE, MINNIE 600 NICHOLSON ST CLEARWATER FL 33755 3034 NELSON, LILLIE R WILSON, SARMELLA 604 NICHOLSON ST CLEARWATER FL 33755 3034 MC GILL, VIOLENE DANIEL, DEMERRIS 608 NICHOLSON ST CLEARWATER FL 33755 3034 STONEHOUSE, JOHN L 606 NICHOLSON ST CLEARWATER FL 33755 3034 CRUDER, LORETTA Y 904 BLANCHE B LITTLEJOHN T CLEARWATER FL 33755 3851 BLUNT, JACQUELINE 605 CEDAR ST CLEARWATER FL 33755 3010 SPENCE DESIGNS INC 913 N FORT HARRISON AVE CLEARWATER FL 3375.5 3015 AVE IRANMANESH. MALI 9311 HAMPSHIRE PARK DR TAMPA FL NEYREY FINANCIAL GROUP INC 853 MAIN ST 33647 2532 SAFETY HARBOR FL 34695, 355,6 NEYREY. RENE J NEYREY, DARLENE B 2898 REGENCY CT CLEARWATER FL 33759 1431 B 33759 1431 THORNTON. JAMES J TRE 1124 DREW ST CLEARWATER FL 33755 4817 HARN. ROBERT B 1254 FRANKLIN ST CLEARWATER FL 33756 581..4 CLAYTON. ROBERT F PO BOX 5213 LARGO FL 33'779 5213 HUELSTER. JAMES F 3766 8ENSON AVE N ST PETERSBURG FL 33713 3458 TRUE BLUE PRODUCTIONS 2600 A8ERDEEN AVE LOS ANGELES CA 90027 1222 WARE, JOHN M 303 PALM BLUFF ST CLEARWATER FL 33755 3048 DR ST ANU INDUSTRIES INC 8123 RIVER COUNTRY DR SPRING HILL FL 346(:)7 2132 8ERRY'~ MIC~~AEl_ C SR BERRY. PAULA M 30 ARBOR LN OLDSMAR FL 3467'7 2001 BERRY. MICHAEL C SR 8ERRY, PAULA M POBOX 1196 CLEARWATER FL 33757 1196 =VANGELIA AVE e e CARILLON RUG CLEANERS INC 1107 N FORT HARRISON AVE :?~ :::) ",? 5 E'1 :::) t)~? .1. CLEARWATER FREE CLINIC TNC 707 N FORT HARRISON AVE CLE~r;R\I..I{'1 TEf:~ FL CLEAR\"'ATER FL ;3 ::5 '7 .~;l .:s :3 f~ ~2 ~5 TAGARAS. GEORGE V 1801 LAURENCE CT Cl._EAFi~\I.!r; TEF;~ Fl.,. Z; :3; '/' I~::~ ~1 6, (;. E; :2 HOClf<S" FWN{.'{L.D 704 GFi~(~~~'~T 3T CL_.EI~~RI;J{;~T!:R FL. :3::5 "7' .5.5 :? .S. (S 2:; HOOI-(:3, RONr-;L_D 1759 FULTC)r',] (~~VE CL,E A f:<' \.! {'I TE:r,~ FL :~)~;~/5,5 If32:CI FREE: Cl._INIC INC " ". ~~R 1 ~)m,! AVE JIMMIE, HOWARD R 609 SEM I ~']OLE ST CL,E:r;f~~Wr-; TE~F,~ FL_ :~~; 2~ "l.S. .~s :) 8 61 .5::, J HiM n::., HOI;J{iFW F~ 'c'v:;) ~. E....J.,;J~~- ~' Q ,'.' ,., .1. ". ..) CLEA I i 'E'. ~, .... 3 :5 '7 5~~ .5. <S ~~ l~~;' 5, .n Ml'lI E, Hm"'r~F?D R 60':1 ~:;J ..~,~.- S;T ". ,~."~,'\ ,~~') ~l ~~ l;~;~: ,:'.. J ,~I o~. ~;: F._ ',..)',,) I ....... __.I ...Jl...J(..I....., (Z~M : ~ {.ee.Q 'i4 ~ tk vYlLs ~ - ~ (j)e... ~ a. (t tk y ~ it-. ~/".. ~. OLD CLEARWATER BAY &~;: Neighborhood Association Ok -rl.. ,-^ P.O. Box 2133 Clearwater 34617 . l) (1\...oV-' . ~~. December ih 2000 Clearwater Development Board I'd 112 South Osceola Street, 3 Floor Clearwater, FlO1ida 33756 Dear Board Members: On December 6th, 2000 the board of directors for the Old Clearwater Bay Neighborhood Association met with Don Harrill, a representative for the group under contract to purchase the Marina property located at 880,900, and 908 North Osceola Avenue, to discuss their proposed development proj ect Don provided us with a detailed presentation about their intentions for the use of the propeliy. After a review of the site plan and the city staff report, for the proposed redevelopment, we agreed to support their project as it was presented to us with stipulations that the surrounding residents would be provided adequate landscaping and other amenities to preserve their privacy and minimize noise. Consequently, we the Board of Directors for the Old Clearwater Bay Neighborhood Association support case FL 00-10-46, Agenda Item D9, to be heard at the CDB meeting scheduled for December 12,2000 in conjunction with the propeliy's proposed use of attached dwellings, office, restaurant, retail and boat slips as presented by Don Harrill. Sincerely Jeffrey McKilmey President - Old Clearwater Bay Neighborhood Association Cc: Don Harrill Ralph Stone OCBNA Board of Directors ~ ME'. fl. ~'- - ' -,,9 ~ ! rc If' : ? l}} - !' \ -.I , ' t-l ;' , ( ~~ /: \.::~i , -- e OLD CLEARWATER BAY Neighborhood Association P.o. Box 2133 Clearwater 34617 December ih 2000 Clearwater Development Board I'd 112 South Osceola Street, 3 Floor Clearwater, Florida 33756 Dear Board Members: On December 6t\ 2000 the board of directors for the Old Clearwater Bay Neighborhood Association met with Don Harrill, a representative for the group under contract to purchase the Marina property located at 880, 900, and 908 North Osceola Avenue, to discuss their proposed development proj ect Don provided us with a detailed presentation about their intentions for the use of the property. After a review of the site plan and the city staff report, for the proposed redevelopment, we agreed to support their project as it was presented to us with stipulations that the surrounding residents would be provided adequate landscaping and other amenities to preserve their privacy and minimize noise. Consequently, we the Board of Directors for the Old Clearwater Bay Neighborhood Association support case FL 00-10-46, Agenda Item D9, to be heard at the CDB meeting scheduled for December 12,2000 in conjunction with the property's proposed use of attached dwellings, office, restaurant, retail and boat slips as presented by Don Harrill. Sincerely Jeffrey McKinney President - Old Clearwater Bay Neighborhood Association Cc: Don Harrill Ralph Stone OCBNA Board of Directors fJLI ?0J1l . 16 y~ St:Nl BY: F'IGURSKI&hARRILl_; 727 9443711; DEC-12-00 9:53j PAGE 1 -- e FIGURSKI & HARRILL- THE HOLIDAY TOWER, SUITE 350 2435 U. S. HIGHWAY 19 NORTH HOLIDAY? FLORIDA 34691 To: AMY RUSCHER Company: CITY OF CLEARWA TER Fax Number: (727) 562-4865 Business Phone: (727) 562-4579 ~ [E -@ [E .0 m [E m' w DEe 1 2 2000 W By -/t7 ~ From: J. BEN HARRILL Fax Number. (727) 944~3711 Business Phone: (727) 942-0733 Pages: 5! INCLUDING COVER D8teflime: 12/12/00 8:30 AM. Subject: CLEARWA TER BA Y MARINA MESSAGE: ATTACHED PLEASE FIND THE ADDITIONAL CONDITIONS PROPOSED TO BE ADDED TO THE SITE PLAN APPROVAL FOR THE CLEARWA TER SA Y MARINA. THESE ARE THE CONDITIONS WE WORKED OUT WITH EO ARMSTRONG, WHO IS REPRESENTING VICKI MORGAN. PLEASE CALL WITH ANY QUESTIONS. CONFiDENTIAL WARNING- THIS TRANSMISSION MA Y CONTAIN CERTAIN fNFORMA nON WHICH IS PRIVILEGED OR CONFIDENTIAL IF you. ARE NOT THE INTENDED RECIPIENT OF THIS TRANSMISSION AND RECEIVED IT IN ERROR, PLEASE CONTACT THE SENDER IDENTiFIED ABOVE FOR FURTHER INSTRUCTIONS. DISTRIBUTION LIST: 1. ED ARMSTRONG, ESQ. 2. 3. 4. 5. FAX NUMBER 441-8617 SENT DE~ i~ 00 ~'~j' PAGE 4/4 727 944:3711 . v- L- 8.", 8'1: FIGIJA8KI&HAARILL; '+1274411617 NOI p.Din, F-m W"'.U~_.~.,u,pm _HN>UII'~LAK"Y 'Jij' _If ! e~0} ,., i' ~. ~NqY: I ~/ : 'l " t. DSCAPI ' I _._._~.._~~'"..cI,.~ . a.If.." ~Mf" n U710. n~-;7HI~.. Fn Il~'5a.".04 S.b"'ltt To' -'.. '-~-7h-'-~ .----.,-~~-_ ::-'7~ . ~F. ~.,: n__ . nQ': fi~/-,- /f~,C:;- ,1l~.:->~0~?J .) I~:M.. . Ii,,,,., : ,-; 'I n 'PCnd., ; ~-"--;-'-----_. Lot_II.. ;a. ~_~_ ' ' " ' : .:::'"/,.~- . ..~: ~oI, 2fT4Q' . .~- --- ~- "- ~(t1~~:i2:lf~~q I ........ ;~.I ~..~q,'''~r@e~; J%' ~~'~"I& 3:. i ..va UJ !fIl.hLQ~,,.-- ,I ;i AA;,' . j. .. .~3:?- I ~dIt"3K. :tio --,' , u.o J. 'J /9.(I'(),- i~ -- I 83W_ . I,'.., \ ! . ..d, lllIi t'oUow,": l ,. COIn Dr k1CiI CMdt UPOn ....optA"'. """111.1,.1'"<;0 00 ~tllYory or ~bc"" ~ """II!-~'~~ ~II rn Ie .1 i. I"""nlt.. 10' 90 d... to be lO 'P~f''', ^II "'.rk ~ be rompl I In t w<lrlrtn"nko m.nn""'.""'dlna 10 "~ndl(d ~"'"C<', .ny .1~li 0 Of devJtli"" (!l>"n Ibo"r ;r*~(c;llorlllnIil!iVinl .Jdi. toll< wlil 1>0,_ " o"lY.Pun wri'ItIlQ/derI, lna will """"'un "". t."it om .nd . I~ elllm.,.. /l4'horl.od, 5,.n,!ufI! ; ~..._......------ .t ~("l*O1 . Tho .~. p'lctI. lpeCilk:.1Io(}$ -ild <ondl~oni "" II 1'(.l'\d.re """'Y ,,,,,.ftd. Yo..r<> 'Ulh~~..d l<) do ,h. WDrl< " ,~u 'In d. ~'\'MOI will t>o m,d. ., Dulll~ 'lIO..., N\llO: Thi. ~'Plllllll m.y \>o' w!Ikdn.." by U' if /)Ol.e~l wl,hln . i I ;:IS~"~~__..,__. -1-.. .~~o.~; I .1 .._--~ i ! .. ..-..~. .-----.". ',.. m ~m~:; ~Di~ wi 1 1 I ,) ~ !~-~~~~- .' SEI~T BY: FIOURSKI&hARR ILL; . FIGURSKI & HARRILL 727 9443711; DEC-12-.9:53,; PAGE 1 THE HOLIDAY TOWER, SUITE 350 2435 U. S. HIGHWAY 19 NORTH HOLIDAY, FLORIDA 34691 To: AMY RUSCHER Company: CITY OF CLEARWA TER Fax Number: (727) 562-4865 Business Phone: (727) 562-4579 .- ~~j@~~~~W / BY~ 00 -;1;7-t From: J. BEN HARRILL Fax Number: (727) 944.3711 Busines~ Phone: (727) 942-0733 Pages; 5, INCLUDING COVER Dateflime: 12/12/00 8;30 AM. Subject: CLEARWA TER BA Y MARINA MESSAGE: ATTACHED PLEASE FIND THE ADDITIONAL CONDITIONS PROPOSED TO BE ADDED TO THE SITE PLAN APPROVAL FOR THE CLEARWA TER SA Y MARINA. THESE ARE THE CONDIT/ONS WE WORKED OUT WITH ED ARMSTRONG, WHO IS REPRESENTING VICKI MORGAN. PLEASE CALL WITH ANY QUESTIONS. CONFiDENTIAL WARNING- THfS TRANSMISSION MA Y CONTAIN CERTAIN INFORMA nON WHICH IS PRIVILEGED OR CONFIDENTIAL fF you. ARE NOT THE INTENDED RECIPIENT OF THIS TRANSMISSION AND RECEIVED IT IN ERROR, PLEASE CONTACT THE SENDER IDENTIFIED ABOVE FOR FURTHER INSTRUCTIONS. DISTRIBUTION LIST: 1. ED ARMSTRONG. ESQ. 2. 3. 4. 5. FAX NUMBER 441.8617 imlT BV' FIGIIRSKI&HMRILa ';-."..i~_,~.:u"m ~r..UII'~LA~HY n7 944371 i ; D~C-1 ~-ao .. j I I I "fic';i.~" 1'01 t;,:"".' J II' D'r .f> ?RtA1,'~ ,J. I ~d, Ii foll<>,.I:, I ' , ~ .uh 0' loci I cll," "POn """pIOn,. .,,,,11\1.. b'IIn~~O~~~_ ~.~~...:...,._.."..~~,.,;___) 1I.'no,I... cZ)~.Jd?v."'" \ 5i~",,"(. : r-:::.!O-F ~._~~..~ N\!1e; r~il ~"il""j mlY"" J "'lnOm." by 4Ifr"~ leCtpj.~ wlln:" ~_ dl~', .. i ! I ..."... ~'_-...,-_.-+., ~Il".tu..~ ,\11 n> to ,I ;, 1""'~IO" i.r ~ d,l" to be u IP~fi... All ",ork III btl rnrnpl I In. _.nll.. m'"""'<COI~IOlllo ,\Olno"o p/~'""'.. ~ny .,.... o~ or dl~j;li'" (ra.'n Ibo". Ir>t<HrClIJIIl1I inl1!i"inJ liffll <<l'~ wli! be,. " ....!y .pO" wrill./)wo.,l. '00 will b'''m..~ "It. 'h,,~. ."" "dI Ihe .II/m".. A~ ., PI"f'l'W! .. Tho 'Qovl Wi.... IPlejli<:.1!or~ lifd ('ndl~.n; .... I. ry onet ..., ..,.oy I(U~ftd. Ye. ... '"lhliri..d C<l do th. wo", :;f :;;' .,,, .m=::.."'~~.___ ... ..----~ 1) l : ~ ~ @ ~..~ ill [E ~ 'UU' ' ~...... ~ I By J Harrill, Page 3 880,900 and 908 North Osceola Avenue - Development Order January 2, 2001 e e 140 UNITS 210 PARKING SPACES 12 STORIES OVER PARKING 2.8 ACRE :l::SITE .<;~"i .. <-~;:- <.' ...........:::.. ::". ."",,:..::- .o,.~:::::. SLIP AREA TO BE RENOVATED (FOR USE OF CONDOMINIUM AREA) (17 SLIPS) Exhibit A Harrill, Page 4 880,900 and 908 North Osceola Avenue - Development Order January 2, 200 I . e . . ....:..~- . 0 .' ... 1fL MWI!~.ilJ5 3 /~)#SAi3i61IrJl~ t?-ii!ci ..... . "ljf8~~' . ".. ," ._ _. .. . . _ -;_: ~....__.h_, . . 5"~D of-~~ 1f.!ci . . .' Jtlb.iehW. ~1CGvd; . . .' ""2;';' ./""1;..,.,........":517.. c;I.J I '-t:/J.JI(l'. I . c.~M~.fL . .:..__....~. ." '. 1/. .': I 1~/O .. .'~ '~~Al" sm'~~ .'~~:.:' . Mrcu . _.._.~_. . . . .. ._- ..- ........ -- ,"... .... "." "-,' -. - - - .... Exhibit B St:I~l BY: FIGURSKI&hARR I Ll_; 727 9443711; DEC-12-00 9:53; PAGE 1 . . FIGURSKI & HARRILL THE HOLIDAY TOWER, SUITE 350 2435 U. S. HIGHWAY 19 NORTH HOLIDAY, FLORIDA 34691 To: AMY RUSCHER Company: CITY OF CLEARWA TER Fax Number: (727) 562~4865 Business Phone: (727) 582-4579 fD) ~ m; ~ 0 III ~ I-~I" W DEe 12 ZOOo W BY-Lt -d, ~ From: J. BEN HARRILL Fax Number. (727) 944-3711 Business Phone: (727) 942-0733 Pages: 5} INCLUDING COVER Dateflime: 12/12/00 8:30 AM. Subject: CLEARWA TER SA Y MARINA MESSAGE: ATTACHED PLEASE FIND THE ADDITIONAL CONDITIONS PROPOSED TO BE ADDED TO THE SITE PLAN APPROVAL FOR THE CLEARWA TER SA Y MARINA. THESE ARE THE CONDITIONS WE WORKED OUT WITH EO ARMSTRONG, WHO IS REPRESENTING VICKI MORGAN. PLEASE CALL WITH ANY QUESTIONS. CONFiDENTIAL WARNJNG- THfS TRANSMISSiON MA Y CONTAIN CERTAIN fNFORMA TION WHICH IS PRIVILEGED OR CONFIDENTIAL. IF YOu. ARE NOT THE INTENDED RECIPIENT OF THIS TRANSMISSION AND RECEIVED IT IN ERROR, PLEASE CONTACT THE SENDER IDENTIFIED ABOVE FOR FURTHER INSTRUCTIONS. DISTRIBUTION LIST: 1. ED ARMSTRONG, ESQ. 2. 3. 4. 5. FAX NUMBER 441.8617 ~ . DEC-12-00 Q:5i; PME 414 SFNT ", "'UR<"'HARRIlL; m MAR, 11 , 'f"''' "" ,.,,, P Olm ",OJ ~ I.{-"l.y;->~~:u,pm ~..H~.UIt,~""~.,y 6 ~~ f i _~/ ~ - i'~, ' ~Nqr, I 171~// : ""L. OSCAPI " I ~. --- -~.._~!:.:~'~~ ~"~Mfl, Il 1mo . m-;~HI~6 . fn 1.t.566'.0D4 '":'~.~ ~- :- f~/. It#;-Oi'-;~II ~, .- d ' '4L~,-...____ ta ~ , " p..Q e, , r,) r;j) ; '.'tl/.. ., , . ~__.~:--------;_ . ' . ~ ~. . !$~" .,:- I '= .:-;-~~ - "-'---- ~ . -I .... .~o~ :j ) . ~5.l{,~ I I $.' ,I ..1 4~ I ..vo. I J I tlsO i I .,,~~~ I ~dIt '3,iC ;;).10 _. . ;~ /9:~,- I ! 1.83W,~ j r ;. 1" I I , . . 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"'IIhln I I lI5n"u,,~ 'j "'''''' ..--.,..-----t-.. _da~_, I ._--~ i : r-"'---~~Ii ~l l~ ~ @ ~ 0 ill ~ : ~ I Ii c' " '"'", I I 1,',u~l c,'.'l,::-'"! ii Ge) 2uUu l~ I , L11~ LJ "c. ,G L.J I I I - l I I !8y J ~~NT BV: FIrJASKI&HAARIL.L: ::r::;o-' fT1 en 3: 3:: 0)> , , Z<~, ' tT]ITIZ ~OfTl ro~~ ~O~ ~ (J) I ' ; i 7279443711; DEC.12-00 ~~:. l ! ; , ; , I: ~~,~ ,-... " OU) ::Oc CIJ (/)> fT1:::u ! ,-... o)! t; : ..... '1 ,:: '-....l -i' ; OO:! , (f) 0" : rZCO Ii !=oOMH (/) 0 :; '--" s: :::0 !, - fT1 !! ZZ' COi! ~<' ~ ):>om ::00 ~ '-' I , !l I : I A ~:. \)j X (/)~ t0cjo ~C2 U ~-& )>rr1)> O(/);:O :;C 2S mOz C H-rA G) z Ai (j'J _ (j) v -0 -t =1 J> )>0 U) fTl;:o zsQ z o " ,'" PM1E 2/4 /WfECfFiIfW rE:1~)i /By___ ! ---==-,-1 SEI,iT 3'1: FIGURSKI&HAPRILL; ,1::0HO 11:011'1i F~.CUml'I' 7~7 9443711 i jll , ,~~, ~,,' '''-... \\' ~ .... i:' , I'.. " h ." l Iii. ~. . ~. . " ". ~~ PME 314 HOI R_ . ). I I ! trs- 5~ 'r-!' , . ~ :~ -...;;.. . ~. .' .,,~. t " ,: ~'! IEXHI81T '~L Ir0 ~ @ ~ O\l! [g ~1 l~ "', ~ By 12-08-00 12:03pm :JiiANQVh~441. I T-506 :;:~~ I 11\) LANDSCAPIN~f i I!':. __"___,_~~eh~:~~~,~:,Rd~__~r ~Iuf(" FL 33770 · (2i'.59~'6746 . Fax nr-586-2604 To . ~ ~'" Ph'"":;tP/=/~~-D";'-iq~, ._ g;t'--~~-~~~~;a 1-: ~ ~ ,,_,_. Locatlotl i$~' --~.~_._~-~ " ,- 1 ~. _=-_ _-=.; ~ From-JOHNSON ,BLAKELY - ::-::~)l-' ~,.{k,~)iIi>~l21i!fQ ~ #~~~l~ mi~ I ~',-_.UW-., . (9 :ii.. ,'Md n;~"c~,,~!~::: "_" ", ......--. -. ------.,.. . I J. I -... I' ~~ ~20 ,.I , .1.1/ t(D ! .2/0' 1 I' '~ tLsO , ' f J., t" .. ....~~~ i~c-n3k.;VO , ,,_(12 J. './ /9rm.,- . :~ =- ----- 1 18 3Vt?,~ I I i 'f ! I I I f i. ! " I 'if'",;o;" fo, 1',"m of' >I - 4' I ' 0 lar ($ - J? 3,~--L. " faym nt I, I _ T'!M ~o/:':~:"~",."'"""" ""P:~~'~~~:~; b""::.:',",~,~ _ _~-!_=__,_~..:___"~_ _ _ _ ( All rn Ie al i~ guaranteed for 90 day' 10 be 1I~ spe~flect, All wQr~ to be '~?JJ compl l In a workmanlike manner;accordlng IQ >toindard practiceG. Any . ' '\Il~ra Oil or dell/alion (rom above specifications Invqlvin$ e~lril CQSU will AlJlhOrll:Cd:,', : cv. be (lx 11 d only upon written order~1 and will beC1)m~ an eKtr'~ ch~rlle over Signalufe ~ . _ _ i\n~ a v the e'lJmaJe, . Note; This pfOf)o'll may ~' ~ Ac~e n C! 01 Ptop0i41 - The abolle prices, specifica"llon5 a~'d cpnctltlon~ withdrawn by us If npt acceple wllhln ar~ sa ,r tory and are hereby accepted. You are aUlh6ri:led to do the work ., 5f1!: -in d. payment will bo made u ou[II/\~ abovl!, '; , j, ~ d~y~, ... .........,_.__., n ~ . '." ... ." Slgnatur~ . "''''--...-.--...., ~ j" ---.... --"'--"'----.....-- . 1,_- _.__ _._...~. .. .'. ~: .~ - e CLEARW A TER BAY MARINA Additional Conditions to Address Concerns of Adjoining Owners 1. The balconies and views of the northernmost bank of the condominium units will be oriented to the northwest, and the building line of the condominium adjacent to the residential properties to the north shall extend no further east than what is generally shown on the sketch attached hereto as Exhibit A. 2. No air conditioners or other mechanical equipment shall be located along the northern and eastern property lines of the subject property with a preference to placing all such equipment on the roof. 3. There shall ne no outdoor live music or outdoor speakers at the proposed restaurant on the property. 4.At such time as the applicant obtains a building permit for the proposed condominium building, the applicant shall install landscaping on the Morgans' property generally consistent with the landscaping plan attached hereto as Exhibit B. The Morgans will be responsible for the maintenance of the landscaping installed upon their property. 5. In exchange for the applicant's agreement to the above conditions the l\lorgans represent that they have no objection to the applicant's plan and are not concerned about the ultimate number of units or ultimate height of the condominium building on the subject property, provided the height does not exceed one hundred fifty feet (150').