FL01-03-15
,
. .
oft, G, , Ai.tk-
. CITYOFCLEltWATER
APPLICATION FOR SITE PLAN APPROVAL
PLANNING & DEVELOPMENT SERVICES ADMINISTRATION
MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE A VENUE, 2nd FLOOR
PHONE (727)-562-4567 FAX (727) 562-4576
This form must be submitted for all applications for residential uses, accessory uses, nonresidential uses, fences,
Signs, vested rights, development agreements, seawalls, docks, marinas and other marine structures and home occupations.
MAILING ADDRESS
APPLICANT, PROPERTY OWNER, AND AGENT INFORMATION:
APPLICANT NAME :' ~ )' ~ e ? res f-o '1
: fl17 IE- b< S L~hoJ:e_ 1) r: L I ~/A r WD< t-eF 6ec..ch . ~ L 33 767
: f1~?) ~/?/7- -;)..7;2. 0; FAX NUMBER GJ ~
AGENT NAME
A-v 0 ::i:i: 7 L I ~ rv..) Ctf..e r., I- L 33 7 S-G
,
FAX NUMBER : (J~7) ~q'7- 3766
PHONE NUMBER
PROPERTY OWNERS
: M,'
-;:> re S -1-0
(List all owners)
MAILING ADDRESS
PHONE NUMBER
PROPOSED DEVELOPMENT INFORMATION:
STREET ADDRESS: 'It! 1t!7 6e;t" HAD" + Sf C lelA' "':;G1,.J.-.e(~P&<C. h , ;::. ~ 3 ~ 7107
, ,
LEGAL DESCRIPTION:
PARCEL NUMBER:
PROPOSED USE AND SIZE:
'Ke ~ I'" I cC::; ./-r)Cy / 0 lis c~ .f-/-;
(number of dwelli~g units, hotel ro~ms or square footage ~f nonresidential use)
ElL.E
-
SIZE OF SITE:
DESCRIPTION OF REQUEST: ~e d ...c. C. Q f-ro 1'\ + S et b~. L. k..+o. 1', (2. e J vir (J S ;J p s f't- h&.t- f f.c) ~ i. '/ '
./
DOES THIS APPLICATION INVOLVE THE TRANSFER OF DEVELOPMENT RIGHTS? YES _ NO X
I, the undersigned, acknowledge that all
representations made in this application
are true and accurate to the best of my
knowledge.
STATE OF FLORIDA, COUNTY OF PINELLAS
Sworn to and subscribed before me this \~~ day of
~""~\-\~~"'-l ,A.D., te ~Ql'. \ to me and/or
by ~\.C'\.. ~~l ,~~ t ~"'"CC)"). , who is personally
known has produced as
identi' tion.
\
FOR PLANNING OFFICE USE ONLY:
LAND USE DISTRICT OF PARCEL:
ZONING CLASSIFICA TION OF ADJACENT PARCELS
ZONING: --r-
NORTH: J..-t fJ DIt
.
SOUTH:
FUTURE DESIGNATION:
-r EAST f
rs
1?Ftl
WEST: ,..
WEST: ~ F Ff
FUTURE LAND USE CLASSIFICATION OF ADJACENT PARCELS: NORTH:
<6 - Zf't'7 - (5 6-
~Co -, A
S: application forms/development review/basic application doc
. AFFIDAVIT TO AUTdhIzE AGENT
. PLANNING & DEVEWPMENT SERVICES ADl\1INISTRA nON
MUNICIPAL SERVICES BUILDING, 100 SOU1H MYRTLE A VENUE, 2nd FLOOR
PHONE (727)-562-4567 FAX (727) 562-4576
STATE OF FLORIDA
COUNTY OF PINELLAS
M,-)lp .~re.5. +On
(Name off all property owners)
1. That (I am/we are) the owner(s) and record title holder(s) of the following described property:
ADDRESS OR GENERAL LOCATION: J.../" / 1/7 t5 CA 1/ bUt D/1 f :5 f c. / ec;..1 WOo +-er JS ec..c. h . i='- 3 3 7 C:- 7
/ ,
2. That this property constitutes the property for which a request for a:
(Nature of request)
3. That the undersigned~ha~e) appointed and ~/do) appoint
~n n l.AA. C 0r-A-h = ,.,
as (hisJtheir) agent(s) to execute any petitions or other documents necessary to affect such petition;
4. That this affidavit has been executed to induce the City of Clearwater, Florida to consider and act
on the above described property;
ned aut ority, hereby certify that the foregoing is true and correct.
STATE OF FLORIDA, COUNTY 9F PINELLAS
Sworn to and subscribed before me this \~ '1b da y of
c;:;;:~~~ . A.D., . ~ro\ to me and/or
by ~ ~ ~E~Dl\) . who is personally
known has produced
as identification.
SIGNED (Property Owner)
SIG~~ED (Property Ov.ner)
commission expires:
~. ~
I.: . ~J MY COMMISSION # CC718005 EXPIRES
~\ . :,.} May 17, 2002
"'~Rfji>J 80N0EDlHRUTROYFAlNINSURANCf.INC.
SIGNED (Property Owner)
.
.
KIRK CONSTRUCTION
& D EVE LOP MEN T, INC.
Criteria for Retail Sales and Service
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;
We feel that the proposed addition on the back of the building is consistent in its scale, bulk,
coverage and density with other properties with the same use.
2. Location: The use of the parcel proposed for development will not involve direct
access to a major arterial street;
The parcel proposed for development is located on the comer of Baymont St and Poinsettia Ave.
There is no direct access to any major arterial street from this location.
3. Height: The increased height results in an improved design and appearance;
There is no increase in the height of the building on the parcel proposed for development.
4. Setbacks:
a. The reduction in front setback contributes to a more active and dynamic
street life;
The proposed addition, while small in relative size, will greatly enhance the ability of the
employees to provide faster and more comfortable service, thereby allowing their customers, who
are mostly walk-up, a pleasant experience while enjoying the whole of Clearwater Beach.
b. The reduction in front setback results in an improved site plan or improved
design and appearance;
The main reason of this proposed addition is to provide greater on-site storage for the retail store.
We also feel that by removing the existing T-lll on the back of the building and replacing it with
the cedar lap siding, that wraps the rest of the building, we will be enhancing the character of said
building.
c. The reduction in side and rear setbacks does not prevent access to the rear of
any building by emergency vehicles;
There is no application for reduction of rear set backs for this proposed development. Access to
this building and adjacent buildings is however available via the public parking lot directly south
of the parcel in question.
d. The reduction in side and rear setbacks results in an improved site plan,
or improved design and appearance;
As stated in section 4. a. The main reason of this proposed addition is to provide greater on-site
storage for the retail store.
We also feel that by removing the existing T -Ill on the back of the building and replacing it with
the cedar lap siding, that wraps the rest of the building, we will be enhancing the character of said
building.
General Contractors Licenses · Florida # CBC-0052216. North Carolina # 42056, South Carolina #G98063
300 S. Madison Avenue, Suite 7 · Clearwater, Florida 33756
(727) 442-KIRK (5475) · Fax (727) 447-3766 · Toll Free: 888-717-5475
.
.
KIRK CONSTRUCTION
& D EVE LOP MEN T, INC.
Criteria for Retail Sales and Service
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;
Parking for these units consists of lOon-street parking spaces. Patrons are also
able to utilize an eighteen (18) space parking area on Poinsettia, owned by Mike
Preston, across the street from the building in question. This gives an average of
nine (9) spaces available to each unit. Table 2-802. "T" District Flexible
Standard Development Standards and Table 2-803. "T" Flexible
Development Standards both require four (4) to five (5) spaces for the building
in question.
b. Adjacent land uses are of a nature that there is a high probability that
patrons will use modes of transportation other than automobiles to access
the use;
The Tourist District requires a complimentary mix of hotels, motels, restaurants, retail shops and
public facilities to cohesively work together to provide the tourists with a "full complement of
tourist accommodations and convenient access to goods and services". The demographics for this
establishment are for those peoples who are enjoying the whole of Clearwater Beach and generally
do so on foot.
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 planned and committed parking
facilities or the shared parking formula in Article 3, Division 14;
As stated in section 5. a. Parking for these units consists of 10 on-street parking
spaces. Patrons are also able to utilize an eighteen (18) space parking area on
Poinsettia, owned by Mike Preston, across the street from the building in
question. This gives an average of nine (9) spaces available to each unit. Table
2-802. "T" District Flexible Standard Development Standards and Table 2-
803. "T" Flexible Development Standards both require four (4) to five (5)
spaces for the building in question.
6. The design of all buildings complies with the Tourist District design guidelines in
Division 5 of Article 3. (Ord. No. 6526-00, ~ 1,6-15-00);
We feel that the addition to the building in question is in full compliance with the above mentioned
Tourist District guidelines.
Gcneral Contractors Liccnscs · Florida # CBC.0052216, North Carolina # 42056, South Carolina #G98063
300 S. Madison Avenue, Suite 7 · Clearwater, Florida 33756
(727) 442-KIRK (5475) · Fax (727) 447-3766 · Toll Free: 888-717-5475
.
.
KIRK CONSTRUCTION
& D EVE LOP MEN T, INC.
GENERAL STANDARDS FOR "OFF THE HOOK" ADDITION
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:
We feel that the proposed addition on the back of the building is consistent in its scale, bulk,
coverage and density with other properties with the same use. We also feel that by removing the
existing T -Ill on the back of the building and replacing it with the cedar lap siding, that wraps the
rest of the building, we will be enhancing the character of said building.
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 improvements to this project will not materially reduce the fair market value of the adjacent
properties. Nor will it hinder further development of these properties. The Tourist District
requires a complimentary mix of hotels, motels, restaurants, retail shops and public facilities to
cohesively work together to provide the tourists with a "full complement of tourist
accommodations and convenient access to goods and services". The proposed addition, while
small in relative size, will greatly enhance the ability of the employees to provide faster and more
comfortable service.
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 materials and methods to be used in this proposed project pose no threat to the health, safety
and general well being to those persons who may work or reside in the area in question. Nor will
the existence of this structure pose a threat of any kind to these people.
4. The proposed development is designed to minimize traffic congestion:
The main reason of this proposed addition is to provide greater on-site storage for the retail store.
With the limited amount of "back room" storage, the employees have to utilize display space on
the "sales floor" for storing new merchandise, delaying the drivers making deliveries to said retail
store. By providing greater "backroom" storage, employees will be able to check-in and receive
materials faster and more efficiently, thereby reducing the time a driver has to remain in the area.
5. The proposed development is consistent with the community character of the immediate vicinity of the
parcel proposed for development:
The "Community Character" of the immediate vicinity is driven by beach-related activities and
lifestyles. These include hotels, motels, restaurants, retail shops and public open space land uses
fitted together to create a quality environment for the tourists and citizens visiting Clearwater
Beach. The merchandise provided by Off The Book targets that character. The decor of the
building has and will, be a direct reflection of that motif
6. The design of the proposed development minimize adverse affects, including visual, acoustic and
olfactory and hours of operation impacts, on adjacent properties:
We feel that the proposed development will have no adverse affects on adjacent properties. There
are no unpleasant odors created by the construction or existence of this structure. The visual
impact is limited by the location of this addition. The only acoustical impact will be the sound
generated by the construction during normal business hours. The hours of operation will remain
the same.
General Contractors Licenses · Florida # CBC-0052216, North Carolina # 42056, South Carolina #G98063
300 S. Madison Avenue, Suite 7 · Clearwater, Florida 33756
(727) 442-KIRK (5475) · Fax (727) 447-3766 · Toll Free: 888-717-5475
.
.
KIRK CONSTRUCTION
& D EVE LOP MEN T, INC.
SITE DATA FOR "OFF THE HOOK" ADDITION
. LAND AREA: 5,912.5 sq. ft. or .14 acres
. The property in question has three (3) existing commercial buildings located within
its boundaries.
. The GROSS FLOOR AREA devoted to each use is as follows:
Restaurant- 1,202.5 sq. ft.
Office and Storage- 1010.9 sq.ft.
Retail Store- 1010.9 sq.ft.
. Parking for these units consists of lOon-street parking spaces. Patrons are also able
to utilize an eighteen (18) space parking area on Poinsettia, owned by Mike Preston,
across the street from the building in question. This gives an average of nine (9)
spaces available to each unit. Table 2-802. "T" District Flexible Standard
Development Standards and Table 2-803. "T" Flexible Development Standards
both require four (4) to five (5) spaces for the building in question.
. The landscaping, on the property in question, consists of five (5) Sable Palms in the
range of four (4) to twenty-two (22) feet. There is also a beautiful array of Bird of
Paradise, Sea Grapes, Oleander and ground cover. All of which are detailed on sheet
L-l.
· The exterior lighting on this building consists of spot lighting at ten (10) feet, to light
the points of egress.
. The property in question has an impermeable surface ratio of: 23%.
General Contractors Licenses · Florida # CBC-0052216, North Carolina # 42056, South Carolina #G98063
300 S. Madison Avenue, Suite 7 · Clearwater, Florida 33756
(727) 442-KIRK (5475) · Fax (727) 447-3766 · Toll Free: 888-717-5475
"~
FR~ENCHY'S 727 446 0588 ~
7274463043 ~ & J!"NlTE: PA PAt!L e2
l~r' # 9S~:Ji~Z'IJ r'~NELt,.AS COUNTY I'"LA.
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7274463E143 ~ & FOOTE PA PAGE 03
t. ) PIJ ''LLAS COUNTY f'J.J\.
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3/21/2001
Receipt No: 1199828670
Date: 4/312001
Llneltema:
Cue No
FL 01-03-15
Paymw1ta:
Method
Check
Tran Code
04
DeecrIptIon
FlexIble Commercial
Payer
KIRK CONSTRUCTION & DEVELOPMENT
. -. Kii-CiiSfiwcTiO'fi-omiOPMENT;-jNi-----------
City Qf Clearwater
i i nx I "'~ts:Pennits
-f' :,V,
; (~, ....
C~E:A(\\/~;..htA
APR.J,OI
"
CU/VAR
TOTL
CHC~(
NQ7384
103.15
1205.00
1205.00
1205.00
14=02 B
~""'.. -- C Hr#')
1
.~
Huntington National Ba
"--
Revenue Account No.
BMk No Acct Check No
7<472
TOTAL AMOUNT PAID:
Amount Due
$1,205.00
Amount Paid
$1,205.00
'1,205.00
--- ---- ----"-'-'~--~-~-------------~-
------~--~---- --~-~-~- - -
- .- - ------ --------- --- - - --~~---------<~_._--_._-_.~-----------.....
3/21/200 I
'-
7472
1,205.00
1,205.00
PAY
TO THE
ORDER OF
THE HUNTINGTON NATfONAL BANK
ORLANDO, FLORIDA 32802
KIRK CONSTRUCTION & DEVELOPMENT,INC.
300 S. MADISON AVENUE SUITE 7
CLEARWATER, FLORIDA 33756
(727) 442-5475
63-1269/631
7472
3/21/2001
One Thousand Two Hundred Five and 00/100*****************************************************",******* ..
** 1,205.00
rz
MEMO
City of Clearwater
City of Clearwater
tll-(/5-/~
II- DO? .... ? 2 II- I: 0 b ~ . . 2 b g 2 I: 0... ~ :3 0 5 2 b .... II-
KIRK CONSTRUCTION & DEVELOPMENT, INC.
City of Clearwater
Direct job Costs:Permits
3/21/2001
.
7472
1,205.00
.
CITY OF CLE&ATER - PLANNING & DEVELOP~ SERVICES
TREE REMOVAL PERMIT
TO APPLICANT: A non-refundable fee of $15.00 for up to five trees to
be removed, plus $3.00 for every tree above 5 to be
removed is required.
NO.:
../EASON FOR REMOVAL:
)P!l Construction
· Permit #
· See "A" below
o Hazardous
o Declining
o Dead
o Other (Specify)
Fee Rec'd. $
Receipt #
A) CONSTRUCTION Date
1. For new construction, additions or other modifications of a property which involve the removal of a protected tree(s),
a site plan is required. This site plan must have a minimum scale of 1"=20' for single family lots, or 1"=50' for all others. The
site plan must include:
a. Major Changes of Grade f. Proposed Number of Parking Spaces
b. Structure Locations g. Proposed Underground Utilities
c, Driveways and Walks h. Zoning Setbacks
d. Parking Arrangement i. All easements and Rights-of-Way
e. Required Number of Parking Spaces
j. All Protected Trees Including:
(i.) Diameter of 4.5' above grade (DBH)
(ii.) Surveyed Location
(iii.) Species
(iv.) Diseased or Insect Infested Trees
k. Tree Barricade Detail & Locations
2. Protective barriers are required around all trees remaining on site during construction. These barricades must remain
intact during construction. The barriers must meet City Specifications.
B) REPLACEMENTS
1. Tree replacement minimum standards: 12' overall height, 4" caliper. Florida Grade #1. See inspectors note below to
determine the number of replacement trees required. Replacements required within 30 days.
I hereby certify that as property owner or as representative of the property owner. I have verified that the tree(s) sought
to be removed is wholly on property owned by the above-identified property owner. and should it be determined that
the tree(s) are located wholly or partially on property owned by some other person, then, I agree to hold the City of
Clearwater harmless in any claim made for wrongful removal of such tree(s). I hereby certify that this application together
with any plans submitted is a true representation of all facts concerning the proposed removal of the tree(s). Any deviation
from the permit i u all r d it null and void and be considered a violation of the Community Development Code.
\ Un/') UA{(, o."~'l
gnature of ower or Iicant Printed Name
300 .s.~cJl'SO" Ave -:#=7 /<,'-r/L {C?/ls-fr~c:f'-'b.,
Address Agency Representing (If Not Owner)
~/&rt.JCiJ.er / F-L 33 "75>(;, t./~d--6'?/7J t.fL/7-~ 7t t;
City State Zip Phone Fax
DO NOT WRITE BELOW THIS LINE - Not Valid Until Signed By City Manager or his Designated Agent
Inspector's Comments:
Required Replacement Trees:
Applicable Code Section:
Based on the Inspector's comments and information submitted, the above removal application is:
o Approved as Submitted 0 Approved-Modified as Noted Above 0 Denied
Signed: Date:
Community Development Coordinator or Designee/Inspector
1362.0001-GC
White - Planning & Development Services Yellow - Applicant
Rev. 11-00
e
e
Fierce, Lisa
From:
Sent:
To:
Subject:
Dougall-Sides, Leslie
Thursday, June 14,2001 8:44 AM
Fierce, Lisa
FW: frenchy's rockaway
Lisa, being concerned about an unconditioned approval, I put language in my Recommended Order requesting that if the
ALJ did find that the app should be approved, he include the conditions represented in the correspondence between Cline
and Armstrong. In the Final Order, the ALJ adopted my suggestion. Therefore the approval is subject to the [seven?]
conditions set forth in that correspondence. Ralph has a copy of the Final Order in which this is set forth.
-----Original Message-----
From: Akin, Pam
Sent: Wednesday, June 13,2001 5:07 PM
To: Fierce, Lisa; Dougall-Sides, Leslie
Cc: Tarapani, Cyndi; Stone, Ralph
Subject: RE: frenchy's rockaway
We are not appealing
-----Original Message-----
From: Fierce, Lisa
Sent: Wednesday, June 13, 2001 5:02 PM
To: Dougall-Sides, Leslie; Akin, Pam
Cc: Tarapani, Cyndi; Stone, Ralph
Subject: frenchy's rockaway
~
did the commission ever decide to appeal the hearing officer's decision on this case? i am still getting calls from the
construction company and architect about how they can proceed.
also, if the commission decides/decided not to appeal, did the hearing officer approve with any conditions? as you may
recall, at one time, when harry cline's client (clearwater beach hotel) was in favor of the proposal, they wanted a bunch of
concessions related to the hours of operation, noise barrier, music restrictions, etc. do these apply?
1
41) ~WLD~-\-
fL
D \ - 03 -/5"
fllE COP1
(tOtd1
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Fierce, Lisa
From:
Sent:
To:
Cc:
Subject:
Akin, Pam
Wednesday, June 13, 2001 5:07 PM
Fierce, Lisa; Dougall-Sides, Leslie
Tarapani, Cyndi; Stone, Ralph
RE: frenchy's rockaway
We are not appealing
-----Original Message-----
From: Fierce, Lisa
Sent: Wednesday, June 13, 2001 5:02 PM
To: Dougall-Sides, Leslie; Akin, Pam
Cc: Tarapani, Cyndi; Stone, Ralph
Subject: frenchy's rockaway
did the commission ever decide to appeal the hearing officer's decision on this case? i am still getting calls from the
construction company and architect about how they can proceed.
also, if the commission decides/decided not to appeal, did the hearing officer approve with any conditions? as you may
recall, at one time, when harry cline's client (clearwater beach hotel) was in favor of the proposal, they wanted a bunch of
concessions related to the hours of operation, noise barrier, music restrictions, etc. do these apply?
1
FL
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CITY OF CLEARWATER
LONG RANGE PIANNING
DEVELOPMENT REvIEW
HOUSING DNISION
NEIGHBORHOOD SERVICES
PlANNING DEPARTMENT
POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748
MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTIE AVENUE, CLEARWATER, FLORIDA 33756
TELEPHONE (727) 562-4567 FAX (727) 562-4576
May 21,2001
Mr. Mike Preston
419 East Shore Drive
Clearwater, Florida 33767
RE: Development Order regarding case FL 01-03-15 - 47/49 Baymont Street
Dear Mr. Preston:
This letter constitutes a Development Order pursuant to Section 4-206 D.6 of the
Community Development Code. On May 15,2001, the Community Development Board
reviewed your application for Flexible Development approval to reduce the front (east)
setback along Poinsettia Avenue from 15 feet to two feet and to reduce the side (south)
setback from 10 feet to 1.33 feet, as a Comprehensive Infill Redevelopment Project with
Comprehensive Landscape Program. The proposal includes a 258-square foot addition to
an existing retail shop. 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 with the following four
conditions:
1. That rain gutters be provided on the south elevation;
2. That in the event the retail structure is further expanded, the valuation of this
proposal shall be added to the value of future construction to make a
determination if the site should be brought into full compliance with the parking
standards of the Code;
3. That the addition be finished to match the exterior of the existing retail structure;
and
4. That should the office/storage building (in the center of the site) be converted to a
more intense use or one that is separate and distinct from the Original Frenchy's
Cafe, full compliance with the parking Code will be required.
BRIAN J AUNGST, MAYOR-COMMISSIONER
WHITNEY GRAY, COMMISSIONER HoYT HAMILTON, COMMISSIONER
ED HART, COMMISSIONER * BILL]ONSON, COMMISSIONER
"EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER"
Preston, Page 2
47/49 Baymont Street - Development Order
May 21,2001
.
.
Pursuant to Section 4-407, an application for a building permit shall be made within one
year of Flexible Development approval (May 15, 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,
7Z-/J [-114, 1.!5I-?<-L--!t-v
dera~~rski, Chairman
Community Development Board
S:\Planning Department\C D B\FLEX\Pending Applications\Baymont 47-49 Frenchy's\Baymont 47-49 Development order.doc
.
.
CITY OF CLEARWATER
LONG RANGE PLANNING
DEVELOPMENT REviEW
HOUSING DMSION
NEIGHBORHOOD SERVICES
PlANNING DEPARTMENT
POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748
MUNICIPAL SERVICES BUIlDING, 100 SOUTH MYRTIE AVENUE, CLEARWATER, FLORIDA 33756
TELEPHONE (727) 562-4567 FAX (727) 562-4576
May 21,2001
Mr. Mike Preston
419 East Shore Drive
Clearwater, Florida 33767
RE: Development Order regarding case FL 01-03-15 - 47/49 Baymont Street
Dear Mr. Preston:
This letter constitutes a Development Order pursuant to Section 4-206 D.6 of the
Community Development Code. On May 15,2001, the Community Development Board
reviewed your application for Flexible Development approval to reduce the front (east)
setback along Poinsettia Avenue from 15 feet to two feet and to reduce the side (south)
setback from 10 feet to 1.33 feet, as a Comprehensive Infill Redevelopment Project with
Comprehensive Landscape Program. The proposal includes a 258-square foot addition to
an existing retail shop. 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 with the following four
conditions:
1. That rain gutters be provided on the south elevation;
2. That in the event the retail structure is further expanded, the valuation of this
proposal shall be added to the value of future construction to make a
determination if the site should be brought into full compliance with the parking
standards of the Code;
3. That the addition be finished to match the exterior of the existing retail structure;
and
4. That should the office/storage building (in the center of the site) be converted to a
more intense use or one that is separate and distinct from the Original Frenchy's
Cafe, full compliance with the parking Code will be required.
BRIAN J. AUNGST, MAYOR-COMMISSIONER
WHITNEY GRAY, COMMISSIONER HoYT HAMILTON, COMMISSIONER
ED HART, COMMISSIONER @ BILL]ONSON, COMMISSIONER
"EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER"
Preston, Page 2
47/49 Baymont Street - Development Order
May 21, 2001
.
.
\
Pursuant to Section 4-407, an application for a building permit shall be made within one
year of Flexible Development approval (May 15, 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,
;7 ,) i/ (~,fo'V
derlt~rski, Chairman
Community Development Board
S:\Planning Department\C D B\FLEX\Pending Applications\Baymont 47-49 Frenchy's\Baymont 47-49 Development order.doc
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FAX MESSAGE
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City of Clearwater
Planning Department
100 S. Myrtle Avenue
Clearwater, FL 33756
(727) 562-4567
FAX (727) 562-4576
TO: -nor'\ ~c... Go-~Q(\
FAX: Y L-\ 'l - 3 'llo\.p
FROM: ~~ ~~;;.,~
DATE: 5~OI
S\:, 2--'-{~~-z-
MESSAGE:
Se.,~ C-b6 ~~ -for 5~
lA>\ 5~*- 6Z~D(\- ~r 4""\'-\~ ~~v"\',- s+.
Number of Pages (Including This Page): \ ~
PLANNING DEPARTMENT
POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748
MUNICIPAl SERVICES BUnDING, 100 SOUTH MYRnE AVENUE, CLEARWATER, FLORIDA 33756
TELEPHONE (727) 562-4567 FAX (727) 562-4576
M~oh27. 2001 ElLa
Ii'"'"
CITY OF CLEARWATER
LONG RANGE PlANNING
DEVELOPMENT REvlEW
HOUSING DMSION
NEIGHBORHOOD SERVICES
Mr. Donald McGahan
Kirk Construction & Development, Inc.
300 South Madison Avenue Suite 7
Clearwater, FL 33756
RE:
Application for Flexible Development approval
Dear Mr. McGahan:
The Planning staff has reviewed your application to reduce the front (east) setback along
Poinsetta A venue from 10 feet to one foot and the side (south) setback from 10 feet to
zero feet at 47/49 Baymont Street and determined that the application is incomplete.
The following items are needed to complete the application:
1. A site plan showing the following information:
Correct north arrow and bar scale (north arrow on survey points east);
The footprint and size of all buildings;
Existing and proposed parking areas;
Depiction by shading or crosshatching of all required parking lot interior
landscaped areas;
Location of all refuse collection facilities and all required screening;
Location of all landscape material (must show the entire site - not just a
portion as submitted);
Location of all onsite and offsite stormwater management facilities;
Location of all outdoor lighting fixtures; and
Existing and proposed locations, setbacks, uses and gross floor area of
building and structures;
BRIAN J. AUNGST, MAYOR-COMMISSIONER
JB. )Ol-INSON, VICE M-WOR-COMM1SSIONER
ED HART, COMM1SSIONf;R
G)
BOB ClARK, COMMISSIONER
F. DAVID HEMERICK, COMMISSIONER
"EQUAl. EMPI.OYMENT AND AFFIRMATIVE ACTION EMPLOYER"
March 27, 2001
McGahan - Page 2
2. Site data including:
Total paved area expressed in square feet and as a percentage of the paved
vehicular surface; and
Official records book and page numbers of all utility easements.
3. A complete landscape plan for the entire site;
4. Irrigation plan or notes;
5. Names of all persons with contractual interest in the property; and
6. A corrected, signed and sealed survey (north arrow incorrect).
.
Submission of a complete application by the next deadline (April 19, 2001) will result in
a scheduling on the May 10, 2001 Development Review Committee meeting.
If you have any questions, please do not hesitate to call me at 562-4558.
Sincerely yours,
1/>
Mark T. Parry
Planner
cc. Mr. Mike Preston
.
S:\P/anning DeparrmentlC D B\FLEXllncomplete\B(lymonl 47-49 Frenchy'slBaymonr 47-49/etter incompletel.doc
.
.
C I T Y 0 F
CLEARWATER
PLANNING DEPARTMENT
POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748
MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756
TELEPHONE (727) 562-4567 FAX (727) 562-4576
LONG RANGE PLANNING
DEVELOPMENT REVIEW
HOUSING DIVISION
NEIGHBORHOOD SERVICES
April 12, 2001
Mr. Don McGahan
300 South Madison Avenue, Suite 7
Clearwater, Florida 33756
RE: Development Review Committee comments for 47 & 49 Baymont Street (FL 01-03-15).
Dear Mr. McGahan:
The Development Review Committee has reviewed your submittal for the property located 47 &
49 Baymont Street and determined that several revisions are needed before the case is scheduled
for the next Community Development Board hearing. The following lists the Development
Review Committee request. for revisions:
SITE PLAN
1. The site plan shall include a data table with following information and/or corrections:
a. Land area in square feet and acres;
b. Gross floor area devoted to each use;
c. Size of addition (in square feet);
d. Parking spaces: total number, presented in tabular form with the number of required
spaces;
e. Total paved area, including all paved parking spaces and driveways, expressed in square
feet and percentage of the paved vehicular area;
f. Official records book and page numbers of all existing utility easement;
g. Building and structure heights;
h. Impermeable surface ratio (LS.R.); and
i. . Floor area ratio (FA.R.) for all nonresidential uses.
2. Site plans must clearly show all dimensions; revise site plan to clearly show all dimensions
including sidewalk widths and drive aisles.
3. All site plans must contain an accurate engineering bar scale (minimum scale one inch equals
50 feet), and date prepared; revise site plan with accurate bar scale.
4. A location map must be included with the site plan materials; prepare and submit a location
map for the parcel.
5. The site plan shall include the footprint and size of all buildings and structures on the parcel;
revise site plan to clearly include the footprint and size of all buildings.
6. All required and proposed setbacks shall be clearly depicted on the site plan; revise site plan
to clearly depict all required and proposed setbacks.
7. Each site plan shall identify the location of all public and private easements; revise site plan
to include such easements or add appropriate notes that identify none exist.
BRJAN J AUNGST, MAYOR-COMMISSIONER
JB. JOHNSON, VICE MAYOR-COMMISSIONER
ED HART, COMMISSIONER
*
BOB ClARK, COMMISSIONER
F. DAVID HEMERICK, COMMISSIONER
"EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER"
McGahan, page 2
47 & 49 Baymont Street - Development Review Committee comments
April 11, 200 I
.
.
8. Each site plan shall identify the location of existing public and private utilities, including fire
hydrants, storm and sanitary sewer lines, manholes and lift stations, gas and water lines;
revise site plan accordingly.
9. The site plan shall depict all parking spaces, driveways, loading areas and vehicular use
areas; revise site plan to include parking areas or appropriate notes that identify where
parking is available and/or provided.
10. The site plan shall include the location of all refuse collection facilities and all required
screening (min. 1O'xI2' clear space); revise site plan to illustrate dumpster or trash
collection facilities.
11. The location of all onsite and offsite storm-water management facilities is needed on the site
plan; revise site plan to depict storm-water management facilities.
12. Rain gutters are needed on the south side of the addition; revise site plan (and elevation plan)
to identify rain gutters on the south side of the addition.
13. The eaves of the addition shall not be permitted to encroach the neighboring property to the
south or the right-of-way; revise site plan to depict the eaves and ensure they will stay within
the property boundaries.
LANDSCAPE PLAN
1. The proposed additions must be shown on the landscape plan; revise landscape plan to
include the proposed addition.
2. The plantings along Baymont Street should include a tiered effect; revise landscape plan to
include low ground over in front of the robelemni, seagrape, and oleander bush.
3. All adjoining roadways shall be depicted on the landscape plan; revise landscape plan to
identify the adjoining roadways.
4. It is not clear what areas are paved on the landscape plan; revise landscape plan to clearly
identify which areas are paved.
5. A palm may be impacted by the new addition; revise landscape plan to depict appropriate
relocation for the palm.
6. A right-of-way permit is required for all landscaping in the right-of-way; secure proper
permits prior to the installation of landscaping.
MISe. COMMENTS
1. Provide proof that the center building was legally converted from residential to
nonresidential.
In addition to specific requested revisions, please respond to the above items in writing. Fifteen
copies of the site plan and all other application materials are needed for resubmittal. 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, W. Ryan Givens, at 727-562-4504. Thank you for your interest
and investment in the City of Clearwater.
Si~r'}o~ ~
~~~S
W. RY!p--Gips
Planner
I-
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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
Ryan Givens
FAX:
TELEPHONE:
TELEPHONE:
447-3766
TO:
Don McGahan
FROM:
727 -562-4504
SUBJECT: 47-49 Baymont Street - Development Review Committee comments
DA TE:
April 12, 2001
NUMBER OF PAGES
INCLUDING COVER:
.
.
""DII,
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CITY OF CLEARWATER
PLANNING DEPARTMENT
POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748
MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756
TELEPHONE (727) 562-4567 FAX (727) 562-4576
LONG RANGE PLANNING
DEVELOPMENT REvIEW
HOUSING DMSION
NEIGHBORHOOD SERVICES
April 3, 2001
Mr. Don McGahan
300 South Madison Avenue, Number 7
Clearwater, Florida 33756
RE: Application for Flexible Development approval (FL 01-03-15)
Dear Mr. McGahan:
The Planning staff has reviewed your application to reduce the front setback along
Poinsetta Avenue from 15 feet and two feet and to reduce the side (south) setback from
10 feet to 1.3 feet as part of a Comprehensive Infill Redevelopment Project at 49/47
Baymont Street. Staff has determined that the application is complete. The application
has been entered into the Department's filing system and assigned the case number: FL
01-03-15.
The Development Review Committee will review the application for sufficiency on April
11, 2001 in the Planning Department conference room - Room 216 - on the second floor
of the municipal service building, 100 South Myrtle A venue in Clearwater. Please call no
earlier than one week prior to the meeting date for the approximate time that your case
will be reviewed.
You or a representative must be present to answer any questions that the committee may
have regarding your application.
If you have any questions, please do not hesitate to call me at 727-562-4504.
Since~JY 7
~~ffi~1
Wm. a~~
PIa er
BRIAN]. AUNGST, MAYOR-COMMISSIONER
lB. JOHNSON, VICE MAYOR-COMMISSIONER
ED HART, COMMISSIONER
*
BOB CLARK, COMMISSIONER
F. DAVID HEMERICK, COMMISSIONER
"EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER"
,,'TIII,
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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 PIA.\;NING
DEVELOPMENT REvIEW
HOUSING DMSION
NEIGHBORHOOD SERVICES
March 27,2001
Mr. Donald McGahan
Kirk Construction & Development, Inc.
300 South Madison Avenue Suite 7
Clearwater, FL 33756
RE: Application for Flexible Development approval
Dear Mr. McGahan:
The Planning staff has reviewed your application to reduce the front (east) setback along
Poinsetta Avenue from 10 feet to one foot and the side (south) setback from 10 feet to
zero feet at 47/49 Baymont Street and determined that the application is incomplete.
The following items are needed to complete the application:
1. A site plan showing the following information:
· Correct north arrow and bar scale (north arrow on survey points east);
· The footprint and size of all buildings;
· Existing and proposed parking areas;
· Depiction by shading or crosshatching of all required parking lot interior
landscaped areas;
· Location of all refuse collection facilities and all required screening;
· Location of all landscape material (must show the entire site . not just a
portion as submitted); .
· Location of all onsite and offsite stormwater management facilities;
· Location of all outdoor lighting fixtures; and
· Existing and proposed locations, setbacks, uses and gross floor area of
building and structures;
BRIAN]. AUNGST, MAYOR-CO~IMISSIONER
].B, )OHi':SON, VICE MAYOR-COMMISSIONER
ED HART, COMMISSIOi':ER
<i)
BOB ClARK, Cml~IlSSIO:"ER
F. DAVlD HEMERlCK. CO~I~IlSSI0:"ER
"EQCAL E~IPI.OYME"'T A;'ID AFFIRMATIVE ACTION EMPLOYF.R"
.
.
""~, r- ~
March 27,2001
McGahan - Page 2
2. Site data including:
. Total paved area expressed in square feet and as a percentage of the paved
vehicular surface; and
. Official records book and page numbers of all utility easements.
3. A complete landscape plan for the entire site;
4. Irrigation plan or notes;
5. Names of all persons with contractual interest in the property; and
6. A corrected, signed and sealed survey (north arrow incorrect).
Submission ofa complete application by the next deadline (April 19, 2001) will result in
a scheduling on the May 10, 2001 Development Review Committee meeting.
If you have any questions, please do not hesitate to call me at 562-4558.
K~UIS'
Mark T. Parry
Planner
~
cc. Mr. Mike Preston
S:IPlanning DepanmentlC D BIFLEXIlncompletelBaymont47-49 Frenchy'sIBaymont47-49 leller incomplete/.doc
"
Cj'j'Y U~. CLEAj1WATER
I6NNING & DEVELOJll'AENT SERVICES
MUNICIPAL SERVICES BUILDING 100 SOUTH MYRTLE A VENUE, 2nd FLOOR
PHONE (727)-562-4567 FAX (727) 562-4576
APPLICATION REQUIREMENTS
(other than sin Ie-family dwellings and accessory uses)
F7... MM "7 I I
All applications for development must be accompanied by the information as required
below. Only complete applications will be accepted.
Number of applications, site plans and elevation drawings required:
· Standard Development: Three (3) copies
· Flexible Standard Development or Flexible Development (for review by the Development
Review Committee): Thirteen (13) copies please make sure they are collated/stapled and
~olded f
// APPLICATION FEE(S); llo~-
7
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CRITERIA as provided within the Code for all applicable applications (Comprehensive Infill Redevelopment
Use, Residential Infill Project use, reductions in setbacks, parking, etc.);
REDUCED SITE PLAN to scale (8 ~ X 11);
REDUCED LANDSCAPE PLAN to scale (8 ~ X 11) (color rendering if possible);
REDUCED BUILDING ELEVATIONS - four sides of building with colors and materials to scale (8 ~ X 11)
(black and white and color rendering, if possible);
REDUCED SIGNAGE PACKAGE (8 ~ X 11) (color);
AFFIDAVIT OF AUTHORIZATION (if submitted by an agent);
SIGNED AND SEALED SURVEY (including legal description of property); r)e..~ ((J~cUvuvJ
COpy OF PLAT, as applicable;
PROOF OF OWNERSHIP OF PROPERTY (title, deed);
NAMES OF ALL PERSONS WITH CONTRACTUAL INTEREST IN THE PROPERTY;
BUILDING ELEVATION DRAWINGS - all sides of all buildings - include height dimensions, colors and
materials;
LOCATION MAP OF THE PROPERTY;
TRAFFIC IMPACT STUDY, as required;
PRELIMINARY PLAT, as required;
SITE PLAN with the following information (not to exceed 24" x 36"):
All dimensions;
t:Jorth arrow.J.....b~ scale, and date prepared (Minimum 1: 50' engineering scale);
Page 1 of 2
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IIIUtlX ::irJeeI referencrng rnOIVIOUaJ sneets included in package;
The footprint and size. buildings and structures; .
All required setbacks;
All existing and proposed points of access;
All required sight triangles;
Identification of environmentally unique areas, such as watercourses, wetlands, tree masses, and specimen
trees, including description and location of understory, ground cover vegetation and wildlife habitats, etc;
Location of all public and private easements;
Location of all street rights of way within and adjacent to the site;
Location of existing public and private utilities, including fire hydrants, storm and sanitary sewer lines,
manholes and lift stations, gas and water lines;
All parking spaces, driveways, loading areas and vehicular use areas;
Depiction by shading or crosshatching of all required parking lot interior landscaped areas;
Location of all refuse collection facilities and all required screening (min. 1 O'x12' clear space);
Location of all landscape material;
Location of all onsite and offsite storm-water management facilities;
Location of all outdoor lighting fixtures;
Location of all existing and proposed sidewalks;
SITE DATA: for existing and proposed development, in written form _
Land area in square feet and acres;
Number of dwelling units proposed;
Gross floor area devoted to each use;
Parking spaces: total number, presented in tabular form with the number of required spaces;
Total paved area, including all paved parking spaces and driveways, expressed in square feet and as a
percentage of the paved vehicular area;
Size and species of all landscape material;
Height and type of all outdoor lighting fixtures;
Official records book and page numbers of all existing utility easement;
Impermeable surface ratio;
TREE SURVEY (including existing trees on site and within 25" of the adjacent site, by species, size(DBH 4"
or greater), and location, including drip lines.)
LANDSCAPE PLAN (see Community Development Code for requirrments); include Comprehensive
Landscape Program application, as applicable; NOO) Z,. vJ,.,..fo c.Je,
IRRIGATION PLAN; Ol-/l.,)a.,
GRADING PLAN, as applicable;
Q SIGNAGE, include Comprehensive Sign Program application, as applicable (separate $300 fee required);
OTHER:
FOR DEVELOPMENTS OVER ONE ACRE:
One-foot contours or spot elevations on site;
Offsite elevations if required to evaluate the proposed stormwater management for the parcel;
All open space areas;
Location of all earth or water retaining walls and earth berms;
Lot lines and building lines (dimensioned);
Streets and drives (dimensioned);
Building and structural setbacks (dimensioned);
Structural overhangs;
Tree Inventory; prepared by a "certified arborist", of all trees 8" DBH or greater, reflecting the size, canopy
(Drip lines) and condition of such trees.
s: application forms/development review/supplemental information - applications other than single familv.doc 10/6/00
Page 2 of 2
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CDB Meeting Date: Mav 15, 2001
Case Number: FL 01-03-15
Agenda Item: C 1
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
BACKGROUND INFORMATION:
OWNER:
Mike Preston
LOCATION:
47 & 49 Baymont Street
REQUEST:
Flexible Development approval to reduce the front (east)
setback along Poinsettia A venue from 15 feet to two feet
and to reduce the side (south) setback from 10 feet to 1.33
feet, as a Comprehensive Infill Redevelopment Project with
Comprehensi ve Landscape Program.
PLANS REVIEWED:
Site plan materials prepared by Klar and Klar Architects,
Inc.
SITE INFORMATION:
PROPERTY SIZE:
0.14 acres; 5,912.5 square feet
DIMENSIONS OF SITE: 50 feet wide by 118 feet deep
PROPERTY USE:
Current use:
Proposed use:
Retail sales/service (Frenchy's Off the Hook)
Retail sales/service (Frenchy's Off the Hook)
PLAN CATEGORY:
RFH, Resort Facilities High Classification
ZONING DISTRICT:
T, Tourist District
ADJACENT LAND USES: North: Residential
West: Retail sales/service
East: Attached dwellings
South: Retail sales/service
Page 1
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CHARACTER OF THE
IMMEDIA TE VICINITY:
The immediate vicinity includes a mix of uses including
retail, restaurants, attached dwelling and overnight
accommodations. The site is located within a mixed-use
tourist destination district of the City.
ANALYSIS:
The site is located on the southwest comer of Poinsettia A venue and Baymont Street on
Clearwater Beach, approximately 100 feet east of Mandalay A venue. The general area consists of
a variety of land uses including a parking lot and a shopping center to the south, attached and
detached dwellings to the east and attached dwellings to the north. Generally, the immediate area
resembles a beach community without a defined architectural style. The vicinity has been
targeted as a redevelopment area and is subject to Beach by Design, a special area plan for
Clearwater Beach.
The Beach by Design special area plan has identified this site as part of the Retail and Restaurant
District where the area between Mandalay and Poinsettia A venues becomes a vital retail street. A
key recommendation to improve this district is the construction of a parking garage that could
provide convenient parking for this area. The parking garage remains an unfunded capital
improvement recommendation. Beach by Design recommends that Clearwater Beach should be
redeveloped as a pedestrian-oriented tourist destination to provide a vibrant street life and
attractive buildings. The Beach by Design - Design Guidelines recommend smaller setbacks that
create a pedestrian-friendly environment.
The subject site contains three existing structures; a 1,202 square-foot restaurant (Original
Frenchy's Cafe), a 1,010 square-foot office and storage building that serves the restaurant, and an
existing 1,010 square-foot retail store also known as "Off the Hook." The existing structures are
in good condition and generally resemble Key West architecture or other Florida beach
communities. There is no on-site parking. Most patrons are walk-up customers and others park
at public meters adjacent to the site or use the 18-space shell parking lot located across Poinsettia
Avenue to the east. The subject site and the shell lot have the same owner.
The proposal includes a 258 square-foot addition to the south side of the existing retail shop. The
addition will provide storage for merchandise. The addition will be incorporated into the design
of the existing building including lap siding, a low-pitched roof with matching shingles and a
yellow painted exterior. An existing palm will be relocated to the public right-of-way along
Poinsettia A venue and perimeter landscaping will be improved with new flowering shrubs
arranged to create a tiered-effect. There are no proposed changes or improvements to the
restaurant or office/storage building.
The retail shop was converted from a duplex to retail in 1996 and was reviewed against the
previous Land Development Code. At that time, the site was zoned CB, Beach Commercial
District and contained a provision that stated that "if a building existing on January 4, 1996 is
conforming or lawfully nonconforming with respect to parking, no additional parking shall be
required for any change of use associated with such building." As a result, no additional parking
Page 2
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was required with the change of use in 1996. Should the office/storage building in the center of
the site be converted to a more intense use or one that is separate and distinct from the restaurant,
full compliance with the parking Code will be required. This may require an application for a
reduction in required spaces or a shared parking agreement.
The proposal includes a request to reduce the front (east) setback along Poinsettia Avenue from
15 feet to two feet. The existing building has a three-foot front setback and the applicant desires
to construct the addition flush with the existing structure. The property line tapers to the west
slightly towards the south side of the parcel. The proposal is consistent with the setback
recommendations of Beach by Design given the wide adjoining right-of-way. Additionally,
Beach by Design recommends a 12-foot front setback as measured from the structure to the edge
of roadway pavement; this proposal is consistent with these design requirements.
Additionally, the proposal includes a request to reduce the side (south) setback from 10 feet to
1.33 feet. Beach by Design generally recommends a pedestrian-oriented and pedestrian-friendly
environment for the Retail and Restaurant District, in which this site is located. As a means to
implement this goal, buildings should be setback sufficiently to maximize retail frontage along
roadways and function similarly to traditional "Main Streets." In an effort to prevent negative
implications of the setback reduction, a rain gutter will be provided on the south elevation to help
prevent stormwater spillage onto the adjacent property.
The proposal is a minor addition to an existing site and is consistent with the recommendations
of Beach by Design and the criteria for a Comprehensive Infill Redevelopment Project for
Clearwater Beach.
CODE ENFORCEMENT ANALYSIS:
The site has no outstanding code enforcement violations.
A. COMPLIANCE WITH MAXIMUM DEVELOPMENT POTENTIAL STANDARDS
IN THE T, TOURIST DISTRICT WITH A RFH, RESORT FACILITIES HIGH
FUTURE LAND USE DESIGNATION:
STANDARD PERMITTED/ EXISTING PROPOSED IN
REQUIRED COMPLIANCE?
FLOOR AREA 1.0 FAR 0.545 FAR 0.59 FAR Yes
RATIO (FAR)
IMPERVIOUS 0.95 0.77ISR 0.77 ISR* Yes
SURFACE
RA TIO (ISR)
*The proposed addition will be elevated and will allow water to percolate into the ground.
Page 3
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B. FLEXIBILE DEVELOPMENT STANDARDS FOR COMPREHENSIVE INFILL
REDEVELOPMENT PROJECTS IN THE T, TOURIST DISTRICT:
STANDARD PERMITTED/ EXISTING PROPOSED IN
REQUIRED COMPLIANCE?
LOT AREA N/A 5,912.5 square 5,912.5 square Yes
minimum feet feet
LOT WIDTH N/A 50 feet - along 50 feet - along Yes
minimum Poinsettia Poinsettia
Avenue; 118 A venue; 118 feet
feet along along Baymont
Baymont Street Street
HEIGHT N/A 13 feet 8 feet* Yes
maximum
FRONT YARD N/A 3 feet - along 2 feet - along Yes
SETBACK Poinsettia Poinsettia
minimum A venue; 0 feet - A venue; 0 feet -
along Baymont along Baymont
Street Street
SIDE YARD N/A 1.9 feet**** - 1.33 feet - south; Yes
SETBACK south; 7 feet - 7 feet - west
minimum west
REAR YARD N/A N/A** N/A** N/A*
SETBACK
minimum
PARKING Determined by o spaces*** o spaces*** Yes * * *
SPACES the Community
minimum Development
Coordinator
based on the
specific use
and/or ITE
Manual standards
(4 spaces per
1,000 square feet
of gross floor
area or 5 spaces)
* Represents height of proposed addition; main structure is appropriately 13 feet high.
** Corner lots have two front setbacks and two side setbacks and no rear setback.
*** The proposal does not exceed thresholds that require compliance with Code parking requirements.
****Measured from the south property line to the restaurant building.
Page 4
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C. T, TOURIST DISTRICT FLEXIBILITY CRITERIA FOR COMPREHENSIVE
INFILL REDEVELOPMENT PROJECTS:
1. The development or redevelopment of the parcel proposed for development is
otherwise impractical without deviations from the use, intensity and development
standards.
The existing building is located approximately three feet from the front property line
along Poinsettia A venue. The proposed addition will be constructed to match the existing
structure that results in a reduction in the front setback. It would be impractical to locate
the storage addition in any other location. Its proximity to the existing building is
essential.
2. The development of the parcel proposed for development as a Comprehensive Inflll
Redevelopment Project will not reduce the fair market value of abutting properties;
The proposed addition is designed to match the existing retail shop and its size is
relatively small in comparison to existing structures. A detention pond on the adjoining
property abuts this site. The addition is not expected to reduce the fair market value of
any abutting properties.
3. The uses within the Comprehensive Inflll Redevelopment Project are otherwise
permitted in the City of Clearwater;
The existing retail use and its expansion are permitted in the City of Clearwater.
4. The uses or mix of uses within the Comprehensive Inflll Redevelopment Project are
compatible with adjacent land uses;
The general vicinity is a mix of land uses associated with a designated tourist district. The
parcel to the south includes a multi-tenant shopping center with adjoining parking lot. To
the east includes a mix of detached and attached dwellings and motel uses. The design of
the addition is compatible with surrounding land uses.
5. Suitable sites for development or redevelopment of the uses or mix of uses within the
Comprehensive Inflll Redevelopment Project are not otherwise available in the City
of Clearwater.
The applicant desires to maintain his existing business at this location on Clearwater
Beach. The Retail and Restaurant District, as defined in the Beach by Design Plan, is an
appropriate location for this existing retail shop.
Page 5
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6. The development of the parcel proposed for development as a Comprehensive Infill
Redevelopment Project will upgrade the immediate vicinity of the parcel proposed
for development;
The Poinsettia A venue streetscape has been neglected for many years and lacks consistent
improvements and maintenance. The proposed addition will match the architectural style
of the existing retail shop and may serve as a catalyst to influence other property owners
to create similar, appropriate improvements. The perimeter landscaping will be improved
to create a tiered-effect along the street rights-of-way.
7. The design of the proposed Comprehensive Infill Redevelopment Project creates a
form and function which enhances the community character of the immediate
vicinity of the parcel proposed for development and the City of Clearwater as a
whole;
Beach by Design identifies this site as part of the Retail and Restaurant District. The
proposed addition is an expansion of an existing retail shop in the heart of the district.
The proposed addition is designed to match the existing building and its setbacks are
appropriate with the area and the recommendations of Beach by Design.
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;
The existing community character is a mix of uses including retail, restaurants and
residential. Beach by Design recommends that the area be redeveloped and enhanced as
the Retail and Restaurant District. It also acknowledges that a key element of the District
is the construction of a parking garage that will provide convenient parking to the area.
The Beach by Design - Design Guidelines recommend reduced setbacks of 12 feet from
the structure to the edge of roadway pavement. The reduction in front setback will be in
keeping with the existing structure.
9. Adequate off-street parking in the immediate vicinity according to the shared
parking formula in Division 14 of Article 3 will be available to avoid on-street
parking in the immediate vicinity of the parcel proposed for development.
There is no parking available on this parcel. There are 18 parking spaces available on a
parcel owned by the applicant across Poinsettia A venue to the east. Additionally, many of
the retail shop patrons are pedestrians or customers who have patronized the Original
Frenchy's Cafe and visit the retail shop during the same trip.
Page 6
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D. GENERAL APPLICABILITY: Conditions which are imposed by the Community
Development Coordinator and the Community Development Board pursuant to a Level
One or a Level Two Approval shall ensure that:
1. The proposed development of the land will be in harmony with the scale, bulk,
coverage, density, and character of adjacent properties in which it is located.
The adjacent properties include a parking lot and a multi-tenant shopping center to the
south and detached and attached dwellings to the east. The proposed addition is
relatively small and will match the existing structure in terms of design and setbacks.
The proposal is consistent with the existing community character. Landscaping
improvements will enhance the beach community character.
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 proposal is a minimal addition to an existing retail shop. The addition is designed to
match the existing structure and blend well with the existing neighborhood. The
proposal is not expected to reduce the value of adjacent properties. Landscaping
improvements include a tiered-effect of flowering bushes along the street rights-of-way.
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 proposal includes a small addition to an existing retail shop. The addition and the
expanded use are not expected to adversely affect the health or safety of anyone in the
neighborhood.
4. The proposed development is designed to minimize traffic congestion.
The proposed storage addition is not expected to create any additional traffic or parking
need.
5. The proposed development is consistent with the community character of the
immediate vicinity of the parcel proposed for development.
The community character includes a mix of land uses as expected in a major tourist
destination district. The proposal is consistent with the recommended future character of
the neighborhood as highlighted in Beach by Design.
Page 7
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6. The design of the proposed development mlDImlzes adverse effects, including
visual, acoustic and olfactory and hours of operation impacts, on adjacent
properties.
There are no expected negative affects of this proposal due to the relatively small size of
the addition and the compatibility of the existing uses with the area.
SUMMARY AND RECOMMENDATION:
The application and supporting materials were reviewed by the Development Review Committee
on April 11, 2001. The proposal is consistent with the flexible criteria for a Comprehensive Infill
Redevelopment Project and general applicability criteria.
The Planning Department recommends APPROVAL of the Flexible Development application to
reduce the front (east) setback along Poinsettia Avenue from 15 feet to two feet and to reduce the
side (south) setback from 10 feet to 1.33 feet, as a Comprehensive Infill Redevelopment Project
with Comprehensive Landscape Program, with the following conditions:
1. That rain gutters be provided on the south elevation;
2. That in the event the retail structure is further expanded, the valuation of this proposal
shall be added to the value of future construction to make a determination if the site
should be brought into full compliance with the parking standards of the Code;
3. That the addition be finished to match the exterior of the existing retail structure; and
4. That should the office/storage building (in the center of the site) be converted to a more
intense use or one that is separate and distinct from the Original Frenchy's Cafe, full
compliance with the parking Code will be required.
Prepared by: W. Ryan Givens # ~-.
ATTACHMENTS: ~
Aerial Photograph of Site and Vicinity
Location Map
Future Land Use Map
Zoning Atlas Map
Application
S:\Planning Department\C D B\FLEX\Pending Applications\Baymont 47-49 Frenchy's\Baymont 47-49 STAFF REPORT.doc
Page 8
Presentation Materials
FL 01-03-15
47/49 Baymont Street - "Off the Hook"
LL
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COMMUNITY DEVELOPMENT BOARD - Presentation Outline
CASE: FL 01-03-15 - "Off the Hook"
ADDRESS: 47/49 Baymont Street
REQUEST: Flexible Development approval to reduce the front (east) setback along
Poinsettia Avenue from 15 feet to two feet and to reduce the side (south)
setback from 10 feet to 1.33 feet as part of a Comprehensive Infill
Redevelopment Project with a Comprehensive Landscape Program.
I. Site Description
A. General
1. 0 . 14-acre parcel
2. Clearwater Beach
3. Southwest comer of Baymont Street and Poinsettia Avenue
4. Located in redevelopment area of Beach by Design (special area
plan)
a. Retail and Restaurant District
b. Recommends a retail area on block between Mandalay and
Poinsettia Avenues
B. Existing structures
1. Three existing structures
a. 1,202 square-foot restaurant
b. 1,010 square-foot office and storage building
c. 1,010 square-foot retail shop - Off the Hook
2. Design
a. Key-west style
b. Decorative pavers along property lines
3. Parking
a. No on-site parking
b. Public parking along right-of-ways
c. 18-space shell parking lot - east along Poinsettia (same
owner)
d. Pelican Walk parking lot
II. Proposal Summary
A. Addition to existing retail shop
1. 258 square-foot storage room addition
2. to match existing
3. proposed in line with existing building
4. No improvements/changes to other two buildings
5. No parking requires with this proposal
B. Retail History
1. Converted from retail in 1996
2. Previously zoned CB, Beach Commercial
.
.
a. stated "of a building existing on January 4, 1996 is conforming
or lawfully non conforming with respect to parking, no
additional parking shall be required for any change of use
associated with such building".
b. No parking was assessed to the structure/use
III. Specific Requests
A. Reduction in the front setback from 15 feet to two feet
B. Reduction in side setback from 10 feet to 1.33 feet
C. Justifications
a. Existing structure is nonconforming to setbacks
b. Desire to construct addition in line with existing structure
c. Beach by Design recommends 12-foot front setbacks as measured
from edge of pavement.
1. proposal meets intent of Beach by Design
2. code conflicts with special area plan
VI. Recommendation
A. Approval w/ conditions
B. Conditions
1. That rain gutters be provided on the south elevation;
2. That in the event the retail structure is further expanded, the valuation of
this proposal shall be added to the value of future construction to make a
determination if the site should be brought into full compliance with the
parking standards of the Code;
3. That the addition be finished to match the exterior of the existing retail
structure; and
4. That should the office/storage building (in the center of the site) be
converted to a more intense use or one that is separate and distinct from
the Original Frenchy's Cafe, full compliance with the parking Code will
be required.
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FLEXIBLE DEVELOPMENT REQUEST
OWNER:
Mike Preston
SITE:
47 / 49 Baymont Street
a:
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CASE FL 01- 03-15
PROPERTY SIZE (ACRES): 0.13
PIN: 08- 29-15-16434- 001- 0010
ATLAS 267 A
PAGE:
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EXISTING SURROUNDING USES
Mike Preston
47 I 49 Baymont Street
PIN: 08-29-15-18434-001- 0010
ATLAS 267A
PAGE:
I
040.365
.
CLEARWATER CODE
or with outdoor seating where the service
area is located within 200 feet of a residen-
tial zone;
(10) Public safety facilities;
(11) Bed and breakfast inns;
(12) Outdoor retail sales, displays and/or stor-
age (car rental only).
(Code 1980, * 135.105; Ord. No. 5562-94, * 2,
5-19-94; Ord. No. 5754-95, * 5, 1-19-95; Ord. No.
5889-95, * 1, 2-1-96; Ord. No. 6044-96, * 1, 7-18-
96; Ord. No. 6045-96, * 1, 7-18-96; Ord. No.
6062-96, * 1,9-5-96)
Sec. 40.366. Use limitations.
The following use limitations shall apply to
beach commercial districts:
(1) Gasoline stations shall have all pumps and
dispensing islands located at least 15 feet
from all property lines.
(2) All alcoholic beverage sales shall comply
with the terms contained in section 41.071.
(3) Marina facilities shall be located only on
waterfront property where such waterfront
has been duly approved for use as a com-
mercial marina in conjunction with all terms
contained in this development code.
(4) Commercial parking lots shall not have
spaces available for rent that are required
by this development code to serve a use
operating at the same time as the commer-
cial parking lot.
(5) Accessory uses shall comply with all terms
contained in section 41.121.
(6) All uses, whether permitted, conditional or
nonconforming, shall be conducted in con-
sonance with the use standards contained
in sections 42.22, 42.31, 42.32 and 42.35.
(7) The permitted and conditional uses al-
lowed in this district shall be subject to the
area threshold applicable to such uses as
set forth in the Rules Concerning the Ad-
ministration of the Countywide Future Land
Use Plan as amended.
(Code 1980, * 135.106; Ord. No. 5889-95, ~ 1,
2-1-96; Ord. No. 6044-96, * 1, 7-18-96)
Supp. No. 14
CD40:46
Sec. 40.367. Dimensional and numerical de-
velopment requirements.
The following dimensional and numerical re-
quirements shall apply to development within
beach commercial districts:
(1) Maximum density: 26 dwelling units or 40
hoteVmotel units per gross acre.
(2) Minimum setbacks: Structures shall be af-
forded setbacks which measure not less
than as referenced in this subsection nor
less than any higher standard which may
be applicable to a particular property in
accord with the uniform development reg-
ulations contained in chapter 42. Principal
and accessory structures shall have the
following minimum setbacks:
(a) From a street right-of-way: None.
(b) From a side property line: None.
(c) From a rear property line: Ten (10) feet
from an abutting alley, if any; other-
wise, none.
(3) Maximum height: 35 feet; except that such
height limitation shall be further increased
in accord with the height bonus provisions
and other regulations contained in section
42.23.
(4) Maximum floor area ratio: 1.2.
(5) Off street parking:
(a) Retail sales, restaurants, alcoholic bev-
erage sales, commercial recreation!
entertainment and personal service uses
may reduce the otherwise required num-
ber of parking spaces by 50 percent.
(b) If a building existing on January 4,
1996 is conforming or lawfully noncon-
forming with respect to parking, no
additional parking shall be required
for any change of use associated with
such building.
(6) Maximum building coverage: 75 percent.
(7) Minimum open space for the lot: 5 percent
of'the lot area.
(Code 1980, ~ 135.107; Ord. No. 5296-92, ~ 2,
9-16-93); Ord. No. 5551-94, ~ 1, 4-7-94; Ord. No.
5920-95, ~ 1, 1-4-96)
It
(4) Minimum open space for the lot: 15 percent
of the lot area.
(5) Maximum floor area ratio: 0.55.
(6) Lot area: None.
(Code 1980, ~ 135.1006; Ord. No. 5296-92, ~ 2,
9-16-93; Ord. No. 5860-95, ~ 1, 8-3-95)
Sec. 40.347. Parking.
Nonresidential uses in the North Greenwood
commercial district shall have no minimum num-
ber of parking spaces required. Residential and
residential equivalent uses shall provide the min-
imum parking required under section 42.34 for
such uses.
(Code 1980, ~ 135.1007; Ord. No. 5860-95, ~ 1,
8-3-95)
Sec. 40.361. General description.
The beach commercial district is created to
provide a commercial zoning district for Clearwater
Beach which allows for tourist, convenience and
neighborhood-oriented commercial land uses. Site
design standards are tailored to recognize and
complement the established development pattern
of the beach.
(Code 1980, ~ 135.101)
Sec. 40.362. Application of division.
It is intended that the beach commercial dis-
trict be applied to property on Clearwater Beach
only.
(Code 1980, ~ 135.102)
Sec. 40.363. Establishment; contraction.
It is intended that two acres or more be pro-
vided to establish a new beach commercial dis-
trict and that no existing beach commercial dis-
trict be contracted to an area of less than two
acres, unless the city commission legislatively by
ordinance determines that a reduced area is in
the public interest.
(Code 1980, ~ 135.103)
Supp. No. 14
.
ZONING
~ 40.365
Sec. 40.364. Permitted uses.
Within beach commercial districts, only the
following uses and structures designed for such
uses shall be permitted:
(1) Indoor retail sales;
(2) Personal services;
(3) Restaurants, except as provided in section
40.365;
(4) Indoor commercial recreation/entertain-
ment;
(5) Business/professional offices;
(6) Accessory dwellings;
(7) Hotels/motels;
(8) Gasoline stations;
(9) Commercial parking;
(10) Art galleries/studios;
(11) Multiple-family dwellings;
(12) Accessory uses, including certain alcoholic
beverages sales uses as specUfied in sec-
tions 41.071 and 41.072;
(Code 1980, ~ 135.104; Ord. No. 5088, ~ 4,4-4-91;
Ord. No. 5190, ~ 3, 5-21-92; Ord. No. 5754-95, ~ 5,
1-19-95; Ord. No. 5889-95, ~ 1, 2-1-96)
Sec. 40.365. Conditional uses.
Within beach commercial districts, the follow-
ing uses may be allowed as conditional uses:
(1) Outdoor commercial recreation/entertain-
ment;
(2) Nightclubs, taverns and bars;
(3) Package alcoholic beverage sales (package
sales);
(4) Marina facilities;
(5) Vehicle service;
(6) Video/electronic game rooms;
(7) Veterinary offices;
(8) Utility facilities;
(9) Restaurants serving alcoholic beverages l<r
cated within 200 feet of a church or a school
CD40:45
I
,,(r)\"l"...~--_. CUILUII'4U ll'4e.lU1'4 UI It I~IUI"
~~\ OF PLANNIN D DEVELOPMENT
f~ '_, ~l 10 S. MISSOUI VENUE
\~ -=:1:= ~J CLEARWATER, FLORIDA 34616
.....~TE9..\;..., (813) 462-6567
",_,,#,11
.-lTERNAL USE ONLY
· · PERMIT APPLlCA TIOI~ · ~
SUBDIVISION CODE: ---
D1STIZONE:
FLOOD ZONE:
WATER METER SIZE: ---
RECEIPT NUMBCR: ---
APPROVAL:
ZONING:
BACKFlClW DEVICE:
TYPE Of CONSTRUCTION: _
AMOUNT PAlO:
FAILURE TO COMPLY WITH MECHANICS LIEN LAW CAN
RESULT IN THE PROPERTY OWNER PAYING TWICE FOR
BUILDING IMPROVEMENTS
PROPERTY
lOCATION
PARCEL NUMBER cB ZLl IS / I Ie,..j 3 i / 00) / WI 0
PROJECT ADDRESS -E:!J /1./ qGI~'11\101~-;- S,e-TZt:"- ZIP CODE 3 -t (c 30
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NAME (last name, first): PR~~~i] ~ l~l-1I'lEL
ADDRESS ....fl. I q "EA-:rr- S r'o~ 'D'l..\ Vi..
CITY GL.€,Uv-1Ai'lZl2- STATE FL
TELEPHONE '4-4 '1- 2/ 2-9
ZIP "3 Y (0'30
NAME \'"';'LK, , G\..l.S'TAF~.),..1 .:., ~S.-)C( ,,'l~.:, ..!N'-'
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TELEPHONE Sh~' 'lU'o' 2...'1 It
ARCHITECT/
ENGINEER
ADDRESS 1'2..4 S~ AI/E., 5('.-...\'M
CITY ~At=ej"-{ ~b.e-cC~ STATE
FAX# ~\3' '72{:,.Z.2'-t1
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FL
STATE REGISTRATION NUMBER
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CITY r: LrAJl\,A.(^~ STATE I=L
FAX# 'gt? 41-11, 3")~b
CONTRACTOR
STATE LICENSE # ~ ('j) C; 22.l ~:>
PCClS ".:r c:.. 12, (' 0 C; L 2l (,
OCCUPATIONAL LICENSE" C\G - DISOb
CITY ISSUED BY C 1-\,..( .
WHAT IS EXISTING BUILDING USE ""Dll~L~ y:.
WHAT IS PROPOSED BUILDING USE REI"'AlL
(Single family residence, office, retail)
GENERAL
INFORMATION NUMBER OF LIVING/BUSINESS UNITS
SQUARE FOOTAGE:
LIVING
I
BULDING ~EIGH1 \ ~~ ./
~l. ~ 3:l- . _ -r / /('r\ ./M{;
COMMERCIAL ~'D ~ l (70s:/:>
OTHER TOTAL ~~Vf.
NUMBER OF STORIES
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GARAGE/CARPORT
@ P"nled on recycled paper
CONTINUEO ON REVERSE SlOE
4193
IF F~X PERMIT PLEASE ENTER PRoplv ADDRESS
.
PROJECT
DESCRIPTION
.<:.:,,.J6-. :.
5ItLc.AS PEe Rl:'t'.K Pt...,w ~1 F,....l6IdtEER.,,)<.
NATURE OF
WORK
(Check all
Applicable)
BUILDING~' ELECTRIC ~ PLUMBING ~ MECHANICALD GAS 0 FIRE 0 ROOFING 0
ENGINEERING 0 ENVIRONMENT 0 TRAFFIC ENGINEERING 0 UTILITIES 0 OTHER 0
TYPE OF WORK NEW 0 ADDITION 0
VALUATION $ /'1,.... tJOO~~
REMODEL~
OTHER 0
DEMOLITION D
VAnyone planning to do excavation work, must notify the one-call CALL CANDY Notification Center at 1 -800-282-8881 prior to any
excavation work being done, in orderto prevent underground damage. Federal D.O.T. Regulation Part 192. Sections 192.614 and 192.707.
CERTIFICATION
I HAVE COMPLIED WITH ALL THE FEDERAL, STATE AND LOCAL ASBESTOS REGULATIONS CONCERNING NOTIFICATION OF
THE PROPER AUTHORITIES OF THE PROPOSED DEMOLITION AND RENOVATION PROJECTS.
I hereby certify that. this application together with any plans submitted herewith is a true representation of all facts concerning the erection
of the proposed structure. Any deviation from information contained hereon unless approved by the Building Official will render this permit
null and void.
';(0/
/ ale
OFFICE USE ONLY
NUMBER OF STORIES
EXISTING OR PREVIOUS BUILDING AREA
TYPE OF CONSTRUCTION
TRANSPORTATION IMPACT FEE (Calculation by the City)
J 0 ~~ ~Z- 4~, (o,<{~ et'-L j t+,- ~ ~')..~ 4/( / ,6c.;>C) r-=r'1..-
Les) U-.ll~:\-,\v d.~ple.'f' ~ V'\I~G: ~~(, C'<<<l...
BUILDING AREA
BUILDING HEIGHT
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OFFICIAL USE ONLY
Dev. Code AdmiDiJtrator Approved ~ Disapproved _ By~ ~ Date lot () '-t 9 C.
District: Downtown Other C ~
Remub:
Remarka:
Approved L Disapproved _ By ~ Date
105" A2 GplIvra( CMV'\.....pr(;~ I (! t:J 2S-49)OCD
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Traffic EnJineor
1RANSPORTAnON IMPACT FEE
s-7J '3 . 74
c. O. INSPECTION FEE
s
s
GENERAL SERVICES FEE
. Any buildina unoccupied for 12 months or more, requires a C.O. inspection and fee.
Other
Approved _ Disapproved _ By
Date
Remarb:
Buildina Division
Approved _ Disapproved _ By
Date
Remarka:
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u#######################################################################
# CERTIFICATE OF OCCUPANCY #
# u
# #
# i CITY OF CLEARWATER #
# CENTRAL PERMITTING DEPARMENT #
# 100 S. MYRTLE AVE #
# P.O. BOX 4748 #
# CLEARWATER, FLORIDA #
# 34618-4748 #
########################################################################
THIS CERTIFICATE ISSUED PURSUANT TO THE REQUIREMENTS OF SECTION A103.9 OF
THE STANDARD BUILDING CODE CERTIFYING THAT AT THE TIME OF ISSUANCE, THIS
STRUCTURE WAS INSPECTED FOR COMPLIANCE WITH CITY ORDINANCES, BUILDING
REGULATIONS, AND STATE LAWS REGULATING BUILDING CONSTRUCTION OR USE.
PREMISES LOCATED AT: 47 BAYMONT ST
47-49 BAYMONT ~3T
BUILDING PERMIT #: 96070522
BUILDING USE: REM/RETL/VI-U
CONTRACTOR: KIRK CONSTRUCTION AND DEVELOPM OWNER: PRESTON, MICHAEL
ROBERT KIRKPATRICK L/ 442-5475 41 BAYMONT ST
300 S MADISON AVE, #7 CLEARWATER, FL 34630
CLEARWATER, FL 34616
THIS CERTIFICATE IS ISSUED ONLY FOR THE STRUCTURE AND OCCUPANCY STATED
ABOVE AND IS VOID IF THERE IS ANY CHANGE IN EITHER OCCUPANCY OR STRUCTURE.
DATE OF ISSUANCE: 12/17/96
ISSUED BY: ~ ~ ~ y~
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10'1 -
Stock Room
Handicap
Bathroom
SheMng
Typical
Display Case
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Cash Register
~~~!6~~
Sales Floor
(approx. 775 sQ. ft.)
[i'CENTRAL PERMIlTING
:: CITYOFCLEARWATER
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' FRENCHY'S RETAIL STORE "'~~~ . I j')i. j
41/ ~1 ~ Baymont Street. . .' ".. Ct ,& I { 't:;j)~}J'
Clearwater, Florida ~\-t,\ '\,'" r [ 1
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FronlEntry
Proposed Floor Plan
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Map request memo
From Planning Department
Comments:
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.
ITEM D - LEVEL TWO APPLICATIONS
Item #D1 ....., 47& 49,Bavmont Street: Michael G. Preston, TRE - Owner/Applicant.
Request flexible development approval to reduce the east front setback along
Poinsettia Avenue from 15 feet to two feet, reduce the south side setback from 10
feet to 1 .33 feet, and reduce the required number of parking spaces from five to
zero spaces, as part of a Comprehensive Infill Redevelopment Project with
Comprehensive Landscape Program at Clearwater Beach Park 1 st Add Replat, Blk
A, Lot 1 and 1/2 of vacant alley on West. Flqa;o3-15
ACTION - APPROVED - 6:0 - with conditions: 1) rain gutters to be provided on
south elevation; 2) if retail structure is further expanded, valuation of this proposal
shall be added to value of future construction to determine if site should comply
with Code parking standards; 3) finish of addition to match exterior of existing retail
structure; and 4) should office/storage building in center of site be converted to a
more intense use or one that is separate and distinct from the Original Frenchy's
Cafe, full compliance with parking Code will be required.
Item #D2 - 703 Franklin Street: Ewart Holdinqs, Inc./CHW dba Club More -
Owner/Applicant. Request flexible development approval to permit indoor
entertainment as an accessory use to an existing nightclub (Club More) at Magnolia
Park, Blk 11, part of Lots 2,3,8 and 9. FL 01-03-16
ACTION - APPROVED - 5: 1 - with conditions: 1) permitted accessory use to be
limited exclusively to amateur boxing; 2) other uses, including but not limited to,
kick boxing, "street fighting," and any other hand-to-hand combat or other martial
arts competition, mud wrestling, food fights, etc., to be prohibited; 3) event to be
limited to one night per week and not to be held in conjunction with another
entertainment event; 4) boxing event to be limited to nightclub hours of operation,
between 5:00 p.m. and 2:00 a.m.; 5) all boxing participants, including staff, to be
required to wear protective equipment including headgear and a mouthpiece; 6) all
City ordinances, including adult use and public nudity regulations, be met; 7) no
persons to be permitted to compete in boxing event after consuming alcohol within
12 hours before event; 8) ring to be designed as traditional boxing ring and not to
be altered for any other type of event; 9) professional boxers to be prohibited from
competition; 10) a minimum of five feet to be provided between ring and
spectators; 11) biohazard waste to be properly contained on site and disposed of to
satisfaction of Solid Waste Department and Pinellas County Health Department; 12)
minors to be prohibited from building during boxing events; 13) all persons affiliated
with amateur boxing event, including promoter, to be properly licensed by the City
prior to the next event; and 14) no additional signage to be permitted on building
exterior other than what is permitted by Code.
ITEM E - APPROVAL OF MINUTES - 04/17/01
ACTION -APPROVED AS CORRECTED BY STAFF - 6:0
acd0501
2
05/15/01
.
.
CITY OF CLEARWATER
NOTICE OF COMMUNITY DEVELOPMENT BOARD PUBLIC HEARINGS
The Community Development Board of the City of Clearwater, Florida, will hold public hearings on Tuesday,
May 15, 2001, beginning at 1 :00 p.m., in the City Commission Chambers, in City Hall, 3rd floor, 112 South
Osceola A venue, Clearwater, Florida, to consider the following requests:
1. (Reconsidered item from 3/20/01) Ernest H. McDowell is requesting a flexible development approval to
reduce the rear setback from 25 ft to 10 ft, as part of a Residential Infill Project (Proposed Use: a 2.5 ft elevated
pool with decking) at 42 Midwav Islands, Island Estates of Clearwater Unit 3, Lot 8. FL 01-01-02
2. Michael G. Preston. TRE is requesting a flexible development approval to reduce the front (east) setback
along Poinsettia Avenue from 15 ft to 2 ft; reduce the side (south) setback from 10 ft to 1.33 ft, and reduce the
required number of parking spaces from 5 spaces to zero spaces, as a Comprehensive Infill Redevelopment
Project with Comprehensive Landscape Program (Proposed Use: a 259 sq ft storage room expansion to an
existing retail establishment) at 47/49 Bavmont St., Clearwater Beach Park 1st Add Replat, Elk A, Lot 1 and
1/2 of vac. alley on W. FL 01-03-15
3. Ewart Holdines. Inc. are requesting a flexible development approval to permit indoor entertainment as an
accessory use to an existing nightclub (Club More) (Proposed Use: indoor entertainment and recreation use
[boxing]) at 703 Franklin St., Magnolia Park, Elk 11, part of Lots 2,3,8 and 9. FL 01-03-16
Interested parties may appear and be heard at the hearings or file written notice of approval or objection with the
Planning Director or City Clerk prior to the hearings. Any person who decides to appeal any decision made by
the Board, with respect to any matter considered at such hearings, will need a record of the proceedings and, for
such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is to be based per Florida Statute 286.0105.
All individuals speaking on public hearing items will be sworn in.
Five days prior to the meeting, staff reports and recommendations on the above requests will be available for
review by interested parties between the hours of 8:30 a.m. and 4:30 p.m., weekdays, at the City of Clearwater,
Planning Department, 100 S. Myrtle Ave., Clearwater, FL 33756, or call 562-4567.
Lisa Fierce
Planning Department
Cynthia E. Goudeau, CMC
City Clerk
City of Clearwater
P.O. Box 4748, Clearwater, FL 33758-4748
NOTE: Applicant or representative must be present at the hearing.
YOU ARE BEING SENT THIS NOTICE IF YOU ARE THE APPLICANT OR OWN PROPERTY WITHIN
500 FT. OF THE SUBJECT PROPERTY.
A COPY OF TIDS AD IN LARGE PRINT IS AVAILABLE IN THE CITY CLERK DEPT. ANY
PERSON WITH A DISABILITY REQUIRING REASONABLE ACCOMMODATION IN ORDER TO
PARTICIPATE IN THIS MEETING SHOULD CALL THE CITY CLERK DEPT WITH THEIR
REQUEST AT (727) 562-4090.
Ad: 04/28/01
I
.
D. LEVEL 2 APPLICATIONS:
1. Case: FL 01-03-15 - 47/49 Baymont Street
Owner/Applicant: Michael Preston.
Location: 0.14 acres located on the southwest comer of Baymont Street and Poinsettia
Avenue.
Zoning: T, Tourist District.
Request: Flexible Development approval to reduce the front (east) setback along
Poinsettia Avenue from 15 feet to two feet; reduce the side (south) setback from 10 feet
to 1.33 feet, and reduce the required number of parking spaces from five spaces to zero
spaces, as a Comprehensive Infill Redevelopment Project with Comprehensive
Landscape Program
Proposed Use: A 259 square foot storage room expansion to an existing retail
establishment.
Presenter: W. Ryan Givens, Planner.
2. Case: FL 01-03-16 -703 Franklin Street
Owner: Ewart Holdings, Inc.
Applicant: CHW dba Club More.
Location: 0.432 acres located on the north side of Franklin Street, approximately 100 feet
west of Myrtle Avenue.
Zoning: D, Downtown District
Request: Flexible Development approval to permit indoor entertainment as an accessory
use to an existing nightclub (Club More).
Proposed Use: Indoor entertainment and recreation use (boxing).
Presenter: W. Ryan Givens, Planner.
E. APPROVAL OF MINUTES OF PREVIOUS MEETINGS: April 17 , 2001
F. DIRECTOR'S ITEMS:
Downtown Clearwater: Our Downtown presentation
G. ADJOURNMENT
CDB agenda - May 15,2001 - Page 3
-------------------------------------------------.------------------------------------------------------e-----------------------------
2:45 p.m.
Case: FL 00-03-15 - 47/49 Baymont Street
Owner/Applicant: Michael Preston.
Location: 0.14 acres located on the southwest comer of Baymont Street and Poinsettia Avenue.
Atlas Page: 267 A
Zoning: T, Tourist District
Request: Flexible Development approval to reduce the front (east) setback along Poinsettia
Avenue from 15 feet to two feet; reduce the side (south) setback from 10 feet to 1.33 feet, and
reduce the required number of parking spaces from x spaces to zero spaces, as a Comprehensive
Infill Redevelopment Project with Comprehensive Landscape Program
Proposed Use: A 259 square foot storage room expansion to an existing retail establishment.
Presenter: W. Ryan Givens, Planner.
Attendees included: Don McGahan, Kirk Construction. The eastern buildings are both commercial converted from
resitnial four to five years ago (did not come through kirk construction).
The DRC reviewed this application with the following comments:
1) used to be a two-unit building (two buildings); need to pay impact fee for conversion
2) garbage needs are different for residential and commercial - when did they make the change? Commercial use
is more intense in terms of garbage. The dumpster for this site is shared with other users and is located adjacent
to the frenchy's original restaurant.
3) check the OCL history of the site - we approved in 1996
4) TIF for retail is 2549/1000 sf for expansion; don't know if they ever paid original conversion fee for middle
building on the site;
5) Eave of addition cannot go over property line - need to cite code here of how far an eave can extend to property
line
6) Needs tree permit to remove palm tree
7) How many lots involved? Need unity of title if more than one lot
8) Pay in lieu for water retention prior to issuance of a building permit.
9) Add rain gutters along south property line.
10) No engineering comments - need to see if there are any utilities that are affected
11) Need site data table
12) Site plans must show all dimensions, including all proposed and required setbacks
13) Show all public and private easements/utilities
14) Show all parking - unclear if spaces are on site or off site;
15) No requirements for stormwater management facilities
16) Landscaping plan needs to show addition
17) Public utilities are ok on this site
18) Plantings along Baymont should include a tiered effect
19) Clarify what areas are paved on the landscape plan
20) Need right of way permit for plantings in the row and for all maintenance and irrigation
21 ) Need accurate bar scale
22) Need location map
23) Need 15 sets of revised plans by Friday, April 20 for review by the CDB on May 15, 2001.
3:30 p.m.
Case: FL 00-10-42 - 1106 Druid Road
Owner/Applicant: Mr. Steven B. Chapman.
Location: 0.78 acres located on the northwest comer of Druid Road and Jeffords Street.
Atlas Page: 295A
Zoning: 0, Office District
Request: Flexible Development approval to reduce the side (east) setback from 20 feet to zero
feet, reduce the front (south) setback along Jeffords Street from 25 feet to 6.5 feet, reduce the side
(west) setback from 20 feet to eight feet, reduce the side (north) setback from 20 feet to zero Deet,
as a Comprehensive Infill Redevelopment Project with Comprehensive Landscape Program
DRC agenda - 4/11/01 - Page 3