FLD2004-08060
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FLD2004-08066~ 'NI^,rq~u
1250 PALMETTO ST
Date Received: 08/26/2004
LEAZON TECHNOLOGY INTITUTE INC
ZONING DISTRICT: I
LAND USE: INS
ATLAS PAGE: 269B
PLANNER OF RECORD: NOT ENTERED
.
CASE #: L])
DATE RECEIVED:
RECEIVED BY (staff initials):
ATLAS PAGE #:
ZONING DISTRICT:
LAND USE CLASSIFICATION:
SURROUNDING USES OF ADJACENT
PROPERTIES:
NORTH:
SOUTH:
WEST:
EAST:
Planning Department
100 South Myrtle Avenue
Clearwater, Florida 33756
Telephone: 727-562-4567
Fax: 727-562-4865
~'SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION
~SUBMIT 14 COPIES OF THE ORIGINAL APPLICATION including
, 1) collated, 2) stapled and 3) folded sets of site plans \ t\ \ A U
rJI' SUBMIT APPLICATION FEE $ ~ 2LJ$. DO 0 R \ G ,\i
* NOTE: 15 TOTAL SETS OF INFORMATION REQUIRED (APPLICATIONS PLUS SITE PLANS SETS)
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FLEXIBLE DEVELOPMENT APPLICATION
Comprehensive Inlill Redevelopment Project (Revised 10-10-2003)
-PLEASE TYPE OR PRINT-use additional sheets as necessary
A. APPLICANT, PROPERTY OWNER AND AGENT INFORMATION: (Section 4-202.A)
APPLICANT NAME: I eAZ-DN /6Cr1NDlOl?y Larrvr6 'X;u. L(,..~ ~t" ~
MAILING ADDRESS: p. (). Box '1097 CfUJRa:a:fer _ F{- 3B?S'g- '109 '7
.
E-MAIL ADDRESS:(t.J...ro/)@. {eq,ZQr'}' COn? PHONE NUMBER: 7,), 7. 7/2' y' 733
CELL NUMBER: FAX NUMBER: '7;(7. 7/2' ~'733 4lJ \ - 2-<O\.,fo
(Mus include ALL owners as listed ~"the deed - provide original signature(s) on page 6)
/
/
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PHONE NUMBER:
PROPERTY OWNER(S):
AGENT NAME(S):
MAILING ADDRESS:
E-MAIL ADDRESS:
CELL NUMBER:
FAX NUMBER:
B. PROPOSED DEVELOPMENT
STREET ADDRESS of subject site:
Lleid'i.J..O. t et' FZ
./'
, 375-
LEGAL DESCRIPTION:
(acres, square feet)
PARCEL NUMBER:
(if notJisted here, please note the location of this document in the submi"RI)
PARCEL SIZE:
PROPOSED USE AND SIZE:
(number of dwelling units, hotel rooms or square footage of nonresidel16a use)
Il
I
DESCRIPTION OF REQUEST(S): I PLANNING ,'!,. DCVELOPMb,n
Attach sheets and be specific when identifying the request (include ~II requested code devl~tioh\;' ~.g, i~ducV?:flln required number of
parking spaces, specific use, etc.) C:'. .). '",I ,oJ,."l!', H
Page 1 of 7 - Flexible Development Application - Comprehensive Infill Redevelopment Project- City of Clearwater
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DOES THIS APPLICATION INVOLVE THE TRANSFER OF DEVELOPMENT RIGHTS (TOR), A PREVIOUSLY APPROVED PLANNED UNIT
DEVELOPMENT, OR A PREVIOUSLY APPROVED (CERTIFIED) SITE PLAN? YES _ NO _ (if yes, attach a copy of the applicable
documents)
APROOF OF OWNERSHIP: (Section 4-202.A) ~JF <.~ ~g~ @ D11J
\.JiJ SUBMIT A COPY OF THE TITLE INSURANCE POLICY, DEED TO THE PROPERTY OR SIGN AFFIDAVIT ATTESTING OWNERSHIP (see
page 6)
D. WRITTEN SUBMITTAL REQUIREMENTS: (Section 3-913.A)
, Provide complete responses to the six (6) GENERAL APPLICABILITY CRITERIA - Explain how each criteria is achieved, in detail:
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.
5C;:E
EX-HI!)/T" 6 '/
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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.
3.
The proposed development will not adversely affect the health or safety or persons residing or working in the neighborhood of the proposed
use.
4.
The proposed development is designed to minimize traffic congestion.
5.
The proposed development is consistent with the community character of the immediate vicinity of the parcel proposed for development.
6.
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The design of the proposed development minimizes adverse effects, including visual, acoustic, , doJ,J'l"""'~"'
on adjacent properties. "., ;,' n j \,' .
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PLANf.m.JG & CE'v'ELOPMEN I
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~ Provide complete responses to the ten (10) COMPREHENSIVE INFILL REDEVELOPMENT PROJECT CRITERIA (as apPIi;~~I~)~ ~~Plain
how each criteria is achieved in detail:
1.
The development or redevelopment of the parcel proposed for development is otherwise impractical without deviations from the use, intensity
and development standards.
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Page 2 of 7 - Flexible Development Application - Comprehensive Infill Redevelopment Project- City of Clearwater
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2.
.
The development of the parcel proposed for development as a comprehensive infill redevelopment project or residential infill project will not
reduce the fair market value of abutting properties. (Include the existing value of the site and the proposed value of the site with the
improvements.)
3.
The uses within the comprehensive infill redevelopment project are otherwise permitted in the City of Clearwater.
4.
The uses or mix of use within the comprehensive infill redevelopment project are compatible with adjacent land uses.
5.
Suitable sites for development or redevelopment of the uses or mix of uses within the comprehensive infill redevelopment project are not
otherwise available in the City of Clearwater.
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 comprehensive infill redevelopment project creates a form and function that enhances the community character of
the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole.
8.
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Flexibility in regard to lot width, required setbacks, height and off-street parking are ju~en~fitsJo cOfl'lm!1r11tY ch~r~t~r and the
immediate vicinity of the parcel proposed for development and the City of clearwater/;l$a.. ~Ie r..-;=-: I ,..~' \\.! I II? :, \ \.
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Adequate off-street parking in the immediate vicinity according to the shared parking fopTlula in
avoid on-street parking in the immediate vicinity of parcel proposed for development.
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I sion re~~W1llable to
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pLA SERVICE" _"
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9.
10. The design of all buildings complies with the Tourist District or Downtown District design guidelines in Division 5 of Article 3 (as applicable).
Use separate sheets as necessary.
Page 3 of 7 - Flexible Development Application - Comprehensive Infill Redevelopment Project- City of Clearwater
E.
S'UPPLEMENT AL SUBMITTAL &IREMENTS: (Code Section 4-202.A) .
D---{;ISI4CE) ANQ 'itf;iAI F'n C::III'l\lEiY (iR8ItleliF,~ I"'yell deSCription OT property) One original and 14 caples; ·
n TRF'I= \tUrt'./~Y (iRQII/!;tii:lg ovicting trees 81, !ilt:> al,J will dll ZO OT me adjacent site, by species, size (Ut:SH 4 or grtlClltll), C1IIJ IUl..alion,
iot''' ,rting rtrip liR9tHlT1d Inalcatlng trtl"''' 10 be reffi8ved) fJli::ase aeslgn aroulIU Ii,,:; eA;st:Rg tr~o"'.
(!(' LOCATION MAP OF THE PROPERTY;
o PARKING DEMAND STUDY in conjunction with a request to make deviations to the parking standards (Le. Reduce number of spaces). Prior to
the submittal of this application, the methodology of such study shall be approved by the Community Development Coordinator and shall be in
accordance with accepted traffic engineerinMrinciples. The findings of the study will be used in determining whether or not deviations to the
parking standards are approved; 0/ Cb~ of" ~~/:, ,(f3eEC~r W,~ J~~ 8t!>Ac~
[J- 6RAOII<J6 PLAN, 6S al3l3li~aQlo;-
o ~ I-'HI::L1MINARY I-'LA I, a! fe'l'lirort (Note: Building permits will not be issued until evidence of recording a final plat is provided);
-----.
o -eGPY O~ RCCOnDE~O .....LA I , as applicable;
F. SITE PLAN SUBMITTAL REQUIREMENTS: (Section 4-202.A)
t;\ SITE PLAN with the following information (not to exceed 24" x 36"):
V All dimensions;
North arrow;
Engineering bar scale (minimum scale one inch equals 50 feet), and date prepared;
Location map;
Index sheet referencing individual sheets included in package;
Footprint and size of all EXISTING buildings and structures;
Footprint and size of all PROPOSED buildings and structures;
Include floor plates on multi-story buildings;
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; (* Note: Per Section 3-911, all utilities shall be located/relocated underground)
All parking spaces, driveways, loading areas and vehicular use areas, including handicapped spaces;
Depiction by shading or crosshatching of all required parking lot interior landscaped areas;
Location of all solid waste containers, recycling or trash handling areas and outside mechanical equipment and all required screening {per
Section 3-201 (D)(i) and Index #701};
Location of all landscape material;
Location of all jurisdictional lines adjacent to wetlands;
Location of all onsite and offsite storm-water management facilities;
Location of all outdoor lighting fixtures; and
Location of all existing and proposed sidewalks
(Ol SITE DATA TABLE for existing, required, and proposed development, in written/tabular form:
V- Land area in square feet and acres;
Number of EXISTING dwelling units;
Number of PROPOSED dwelling units;
Gross floor area devoted to each use;
Parking spaces: total number, presented in tabular form with the number of required spaces;--
Total paved area, including all paved parking spaces and driveways, expressed in square feetand"perpentage of the paved vehicular area;
Size and species of all landscape material; I i \ "_
Official records book and page numbers of all existing utility easement; : : L':":=., , ~ /
Building and structure heights; I . J ~- ---.2.;l' :'
Impermeable surface ratio (I.S.R.); and
Floor area ratio (FAR.) for all nonresidential uses ': \ !
I AUG L { 2004
~c\"FOR DEVELOPMENTS OVER ONE ACRE, provide the following additional information on site plan: '"j I
\~ One-foot contours or spot elevations on site; I /' ~-
_ Offsite elevations if required to evaluate the proposed stormwater management for the parcel; "LANNING & D
_ All open space areas; r . EVElOPMENT
Location of all earth or water retaining walls and earth berms; S E RVI CTS
Lot lines and building lines (dimensioned); cn, ilf i'NATFR
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 size, canopy (drip lines) and condition of such trees
~
ORIGINAL
Page 4 of 7 - Flexible Development Application - Comprehensive Infill Redevelopment Project- City of Clearwater
g. ANDSCAPING PLAN SUBMITTAL REQUIREMENTS: (Section 4-1102.A)
LANDSCAPE PLAN: . \ 0
All existing and proposed structures; 1'-1
Names of abutting streets;
Drainage and retention areas including swales, side slopes and bottom elevations;
Delineation and dimensions of all required perimeter landscape buffers;
Sight visibility triangles;
Delineation and dimensions of all parking areas including landscaping islands and curbing;
Proposed and required parking spaces;
Existing trees on-site and immediately adjacent to the site, by species, size and locations, including dripline (as indicated on
required tree survey);
Plant schedule with a key (symbol or label) indicating the size, description, specifications and quantities of all existing and proposed
landscape materials, including botanical and common names;
Location, size, and quantities of all existing and proposed landscape materials, indicated by a key relating to the plant schedule;
Typical planting details for trees, palms, shrubs and ground cover plants including instructions, soil mixes, backfilling, mulching and
protective measures;
Interior landscaping areas hatched and/or shaded and labeled and interior landscape coverage, expressing in both square feet and
percentage covered;
Conditions of a previous development approval (e.g. conditions imposed by the Community Development Board);
Irrigation notes
o REDUCED LANDSCAPE PLAN to scale (8 }1! X 11), in color.
o IRRIGATION PLAN (required for Level Two and Three applications)
o COMPREHENSIVE LANDSCAPE PROGRAM application, as applicable
o
STORMW A TER PLAN including the following requirem
Existing topography extending 50 feet beyond all erty lines;
Proposed grading including finished floor ele ons of all structures;
All adjacent streets and municipal sto stems;
Proposed storm water detention/re Ion area including top of bank, toe of slope and outlet control structure;
Stormwater calculations for uation and water quality;
Signature of Florida re i ed Professional Engineer on all plans and calculations
ater Design Criteria Manual and
N' A .
H. STORMWATER PLAN SUBMITTAL REQUIREMENTS: (City of C
4-202.A.21 )
o
COpy OF PE INQUIRY LETTER OR SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (SWFWMD) PERMIT SUBMITTAL
approval is required prior to issuance of City Building Permit), if applicable
o
Y OF STATE AND COUNTY STORMWATER SYSTEM TIE-IN PERMIT APPLICATIONS, if applicable
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I.
BUILDING ELEVATION PLAN SUBMITTAL REQ NTS: (Section 4-202.A.23)
Required in the event the application includes a dev nt where design standards are in issue (e.g. Tourist and Downtown Districts) or as part
or a Residentiallnfill Project.
o
NGS - all sides of all buildings including height dimensions, colors and materials
o
REDUCED ING ELEVATIONS - four sides of building with colors and materials to scale (8}1! X 11) (black and white and color rendering, if
o as required
J. JIGNAGE: (Division 19. SIGNS I Section 3-1806) 0 R \ G \ N A L
~ All EXISTING freestanding and attached signs; Provide photographs and dimensions (area, height. etc.), indicate whethJ1!JI:1_~Y't.ilIJ)e rE:llTl()ved or
to remain. -, '-. rOO" r ~ n ~\f! ~ --. '
~ All P~OPOSED freestanding and attached signs; Provide details including location, size, height, brlors~ri1~~~~i~g;\!r~n np ~~~'.
shall Include the street address (numerals) ! i ...., < .. _ ..- I 1 ~
o Comprehensive Sign Program application, as applicable (separate application and fee required).., r"lU r /l!JG Z7 1. i... .
o Redo,ed ,;gnage p_ (8 " X 11) (0010'),' ,obmlllio. Comp',h,",'o, 8'.0 P"'9~ ap~Ioa'~.' 2004 j L:'
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Page 5 of 7 - Flexible Development Application - Comprehensive Infill Redevelopment project-c9~ocWT~~i~t\l A TE'l
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o Include as required i osed development will degrade the acceptable level of service for any roadway as adopted in the Comprehensive Plan.
Trip generati all be based on the most recent edition of the Institute of Transportation Engineer's Trip General Manual. Refer to Section 4-801
mmunity Development Code for exceptions to this requirement.
L. SIGNATURE:
I, the undersigned, acknowledge that all representations made in this
application are true and accurate to the best of my knowledge and
authorize City representatives to visit and photograph the property
described in this application.
~~
Signature of property owner or representative E:::)
~
STATE OF FLORIDA, COUNTY OF PINELLAS ..., /'
SWllrn to and subscribed before me this c::2lb- day of
----R fA 6-U Sf' , A.D. 20o..!L to me and/or by
;j(f/fill F: S"~eo ,who is (1)ersonally kno~ fles
~d .as-.
id8r:ltifieation.
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O HOLLY M. AUSANIO
MY COMMISSION 1/ 00 023735
EXPIRES: May 7, 2005
l-e0<>3-NOT ARY FL Notary Service & Bonding. Inc.
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ORIGINAL
Page 6 of 7 - Flexible Development Application - Comprehensive Infill Redevelopment Project- City of Clearwater
M. AFFIDAVIT TO AUTHORIZE AGENT:
t:: .,...1.
property owners on deed - please PRINT full names)
1.
That (I am/we are) the owner(s) and record title holder(s) of the following described property (address or general location):
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2. That this property constitutes the property for which a request for a:
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3. That the undersigned (has/have) appointed and (does/do) appoint:
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as (his/their) agent(s) to execute any petitions or other documents necessary to affect such petition;
3. That this affidavit has been executed to induce the City of Clearwater, Florida to consider and act on the above described property;
4. That the applicant acknowledges that all impact fees (parks and recreation, traffic, etc.) will be paid PRIOR to the issuance of a building permit,
certificate of occupancy, or other mechanism, whichever occurs first;
5. That site visits to the property are necessary by City representatives II"! order to process this application and the owner authorizes City
representatives to visit and photograph the property described in this application;
6. That (I/we), the undersigned authority, hereby certify that the foregoing is true and correct.
\1 0 \Et\E~~\El C~~'i P~ertyOWn&
fU \ AlJG L 7 2004 i I Pmparty 0Wn&
:, L \ \ Pmperty OWne,
PLANNING & DEVELOPMENT \
SERVICES
CITY OF CLEARWATER STATE OF FLORIDA,
COUNTY OF PINELLAS
.f1Uore me the un~~~ed, an officer duly commission:r; he laws of the State of Florida, on this
6uST, personally appeared VI F. Szt'Ab 0
Deposes and says that e/she fully understands the contents of the affidavit that he/she signed.
/)b
day of
who having been first duly sworn
"
~ HOLLY M. AUSANIO
MY COMMISSION # DO 023735.
EXPIRES: May 7. 2005
o""'TM'f'f FI: HelIIf1 eel'll'" & i\eI'lI!lil'IO,lnG.
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, ~cUtLr-
Notary Public
My Commission Expires:
Page 7 of 7 - Flexible Development Application - Comprehensive Infill Redevelopment Project- City of Clearwater
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EXHIBIT "B"
SECTION D., WRITTEN SUBMITTAL, REQUIREMENTS
RESPONSES TO SIX (6) GENERAL APPLICABILITY REQUIREMENTS
D.1. The proposed development of land will be harmony with the scale, bulk,
coverage, density and character of adjacent properties in which it is
located.
As part of le'Azon Technology Institute Inc. (L TI) plan, L TI is proposing to
develop supportive economic development and higher educational opportunities
to individuals who want to increase their economic situation and continued
education. Consequently, the proposed development will be in harmony with the
surrounding development and will enhance the visual character and functionality
of the immediate neighborhood. The proposed project will be in harmony with
the scale, bulk and density of adjacent properties.
D.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.
Adjacent lands are already developed with educational facilities supporting the
surrounding neighborhood. The proposed economic opportunity and educational
facility will enhance the value of surrounding properties and will not discourage
appropriate development, redevelopment and use of adjacent land and buildings.
Conversely, the proposed development and will act as a catalyst to promote
additional redevelopment of the immediate neighborhood. The current
estimated value of the building is $203,000.00.
D.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 proposed development will provide much needed economic and educational
opportunities for individuals served by L TI. Conversely, the development will
have a positive impact on the health and safety of individuals residing and
working in the immediate neighborhood and the City of Clearwater.
D.4. The proposed development is designed to minimize traffic congestion.
Approval of this request will enable L TI to use the already (2) driveway entry's on
Palmetto 81. and Holt 81. This will have a positive impact on traffic by not
needing to add additional parking space resulting in fewer traffic conflicts along
Palmetto and Holt 81. It will also result in a more aesthetically pleasing and
harmonious development thereby, enhancing the neighborhood.
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0.5. The proposed development is consistent with the community character of
the immediate vicinity of the parcel proposed for development.
The character of the North Greenwood area is well established and L TI economic
and higher educational opportunity development is an integral part of the
neighborhood and surrounding community. The community is generally
comprised of single family, commercial, institutional and recreational uses with a
significant level of pedestrian activity. The proposed economic and educational
development is consistent with the community character and will enhance the
immediate vicinity, which is currently undergoing significant redevelopment. The
L TI development is on the eastern fringe of the Greenwood Neighborhood
redevelopment program.
0.6. The design of the proposed development minimizes adverse effects,
including visual, acoustic and olfactory and hours of operation impacts, on
adjacent properties.
The proposed economic development and educational opportunity facility will
have no adverse acoustic or olfactory impacts on the area. As previously noted,
the visual character of the project will have a beneficial impact on the
neighborhood by enhancing the redevelopment potential of the North Greenwood
neighborhood.
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EXHIBIT "C"
RESPONSES TO TEN COMPREHENSIVE IN FILL
REDEVELOPMENT PROJECT CRITERIA
1. The development or redevelopment of the parcel proposed for
development is otherwise impractical without deviations from the use,
intensity and development standards.
The Applicant is not requesting any deviations from current development
standards.
2. The development of the parcel proposed for development as a
comprehensive infill redevelopment project or residential infill project will
not reduce the fair market value of abutting properties (including existing
value of the site and the proposed value of the site with the improvements).
Both the appearance and fair market value of this and abutting properties will be
enhanced by the economic and educational opportunity development. The
estimated value of the property is $203,000.00. The proposed development will
further enhance the ongoing redevelopment efforts currently underway in the
North Greenwood neighborhood.
3. The uses within the comprehensive infill redevelopment project are
otherwise permitted in the City of Clearwater.
The proposed economic and higher educational opportunity development
is permitted under the current Future Land Use Plan and zoning of the property.
4. The use or mix of use within the comprehensive infill redevelopment
project are compatible with adjacent land uses.
The proposed economic and higher educational use is consistent with
the adjacent uses in the immediate area.
5. Suitable sites for development or redevelopment of the uses or mix of uses
within the comprehensive infill redevelopment project are not otherwise
available in the City of Clearwater.
L Tl's standing relationship with the community is established at St. Johns
currently at Missionary Baptist Church located at 1500 Pennsylvania Ave.. (.--'''.,)
6. The development of the parcel proposed for development as a . L':.=~:~-::~J
comprehensive infill redevelopment project will upgrade the immediate' iU :
vicinity of the parcel proposed for development. ! .. ..:::J
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Property in the immediate vicinity will be upgraded as a result of the proposed
economic and higher educational opportunity development. It will positivily
impact the values of nearby properties and enhance the currently ongoing
redevelopment activities in the neighborhood.
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7. The design ofthe proposed comprehensive infill redevelopment project
creates a form and function the enhances the community character of the
immediate vicinity of the parcel proposed for development and the City of
Clearwater
L Tl performs a vital social service to the neighborhood and community at large
by providing training services the community. The individual facility,
neighborhood, and City of Clearwater as a whole will benefit from the proposed
infill development
8. Flexibility in regard to lot width, required setbacks, heights 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 proposed economic and higher educational opportunity development does
not result in any deviations from the flexible development standards.
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 the
immediate vicinity of parcel proposed for development.
There will be additional parking using the parking lot of the Pinellas County
School Board parking lot and their is some parking on the front of the building.
Parking will be provided on-site
10. The design of all buildings complies with the Tourist District of Downtown
District design guidelines in Division 5 of Article 3 (as applicable).
Not Applicable.
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PAGE 02
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H~RE'ON MEEr$ THE RE(JUIREMENTS OF
CHnTE'R HH.S FLORIDA ADMINISTRATIVE COOE
df\. ELL IOTT
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OR\ G\NAL 'u U AUG L7 2004 II Lj
f)LANNING & DEVELOPMENT
SERVICES
Of' CLE;\RWATER
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ClEAnWATER LIBRARY
NORTH GREENWOOD BRANC1:Ln-
Q.2.i23i'2f::J04 18: 02
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te-28-1995 2:00o.M
72;15524755 ENCi
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~GREEM,ENT
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n is Agreemtnt ma(e and tnte~ into this ~ day of ~ 1995. by .nd
"X:,WlXO t:le City pC Ckarw,Ue'r, Florida, a municipal cQrporation. he{ein referred to u
"City, ~ aI.d the School Boal d of Pinell"$ Coumy. Florida ~~in referred to v .. Board. "
WHEREAS, the Cil)' has a Si\'!ed fo.f additional parking tot the North Greenwood
:.~. h;~i nary, ~in cefe.! red to as "Library;" and
WHEREAS. rhc Boa 7d is the Qwn<< of land 3djaeent to the Library. said land used by
': 3oard'; Clearwater Disc )Yet] School, herein n;(erred to as . School; .. and
WHEREAS. the City has funds available for COIUlructioQ of & paved. park.ing lot
facility, be rein referred to as "Pat'ldng Facility," adjateot to the L.ibrary ~ and
Wl1 EREAS, the City and BoIrd are each wiUirlg to cooperate in this Qlatter under
,:;~:\..a~ con:1i&ioJl$ and provis ons:
nmREFORlt in CDn!lideration of the covenaotS herein coruained and other good and
".;;uua.bl~ cotUidcrarion. tbe C:ty agrees 10 W$tfUC( and m.l.ntain a Parting F<<:iJity on the
School site a5 sbown in Exhihit . A, - aCCording to the toUowina tenns and covenants;
1. Term. The term of this Aereement shall be for a period of ten (10) years.
. ..,~-:::-";;-;fu;~ ~~. ...t 3
--
. 1995 I.I1d e'8ding
G Ot..~ .> ,.v , 2005. lNs AgreemeDlt shall stand renewed fOf additioDal
&.'
":~:-. (~O) y~~r periocb upon approval by bQdl patties, a$ ~~ by written correspondence
:;,-v t.hc Supcintendcnl of ScbQOIl and. City MAx>>8U.
2.DesaiR1iRn of bnj)nrvtl1l1m!1. 1'he City agrees to oonswcc II Parking
U'IIcility. whil:b shall include paved parkins> retelltioo area, fencq .m aswci.a~
,:-::,-;-=',)yemeols to Ihe Schoo! site as shown in Exhibit lIA. WThe City a~ that prior to
--:-:;'~~i'l& L"lY c>f the inlprovemeJ1ti shown in Biliiblt If A. .. or any other subsequent
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OR I GINA L11lr' L. U\l!. AUG~'~ L~04;I! j
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PLANNING & Cr=VELOPMENT
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FRO".\;. PU8. _lB. IAa,1HJ. 727 462 6<120.
F~OM
PAGE 05
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impIQVi:rm:nt; to the PlUkiJlg F )Cility. the Superintcmkm of Schools, or desigMC. will
::,:'",iew for approvtl 1M platv: provided by the City. hid approval. jf given. shall be in
::~i:,.ng aM slaU 4elinc:6tc at\)' modifications Qr cOnditloni to ~ constru~iol\ plans. as
... -.; >-: t~ City Manager ani Superintendent of Sthwb, Of lheir respecli\'c desll12eeS.
.' .. ::;<.i;~g any of these implovements, the City agrees to restore Any affected portions of
the School sitt to at least as 1O',.j. a <:onditicn as ~istcd prior to the installation of the
:'" ::::xmg FadLty.
3. Maint.nance vf.lmp\"o'Vtments. The Ci<<r aglees to maintain the Parking
?::~mty, inch;ding bUt not lim.it~d to: paved parkiD8. parking $tQPSIbumpers, retentioD area,
.. ~ "'; 'b: east $ide of tlw J 'arkin~ Facility. sigmlge. and landscaping within and
immediately adjacent '0 the Patdftg Facility: and to pay aU associated maintenance costs.
The City agre~s to inspett On a regular basis, or when req\le$ted by the Board. the Parking
.f"c~li1:1lDc1 to make. allY Qete!.sary [tpairs or ma~oanee in a timely manner.
4. ~tu,n Conditiv r.\9!.Eacilitv" 1"be City agree$ to reNrD the Pailting
: ""-' "" l:rrounding ~a to a tlelUl and Wlirary coI1ditian ~r u&e by the City ~t City-
., ]:::~ored po IpS, ageots or iIlv l~S. The Board "rees to retum the Parking Facility and
mttouodiua OIl ca to 11 c:l-n and 5anitary con<Urion a&r \lilt by the BoMd or Bcard-spouored
",.~ :.:-1.tpS, qellu Qf invi~,
S. Datu ami Timu~. Both parties agree that the Library will have
";<:.:TJs:ve use l)f the ten (10) pa'ed patldna spaces aD the south portion of the P2rJdng
. <". .:~.:~ leu (10) PVkiD& q.aces ]Q<:Ue4 closest to the 1..&'bnry. for City. Libruy. aJXl
Ubrary-SpoOS(ll'ed progtanl'. year-rould. during normal boW1 of ope~. BoW. parties
lI.g::-ee that the School will have _:xchnive use of the e1&ht (8) pevec1 parkiDa spaces and the.
..",r:..;~ycd O'\Ierfow parking on aD, north portion Of the Parlc.i.ni Facility, u1d eight (8) paddni
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02/23/20[14 11:.1: 02 /275524755 Er~G
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. -- ':' --:! "v~rtlow parking 1 )ClIled fut1hest from I.he Library. for Board, School. and
:;'."s;?or sored programs. year-{V\Ind. dIJrwg normal hool'" of Qperation. ft is t1le intent of
.!ie partie$. notwitlutandiflg die exclusive hours af<.lrementioncd in this ~graph. that the
:~"l'U)' and School attempt to aecomQdllte the parking ncc:ds of ~h OtMr' that may arise due
to special events and/or C;~IN hours. when the u~ therc:of does not interfere with
:":.o:.b.eduled Llbnuy or SchoQl Proarmu. The Cir:y and Board agree that questions 'Concerning
.. 2 ~;. ~.oo times of use of th.~ ParkiJ:ls Fac;i1ity shalt be resolved beNt'e~n the School
h-incipal an:1 the Wheal}' ~ateh MUloIger sa.id resolution to be evidenc~ by wr-itteD
C()ITe:>ponde ~e between the 51 :boot Prin<;ipa! and Libntry Branch Manager. The resot1,1tion of
questions concemmg daYJ of He and [l.me$ of use lhal can not be Te$Olved by the School
Prlt1cipa] In' 2 Library Branch Manager. or other unforeseen questiollJ arisirtg out of [his
....-::-:::-.:. :hJll be addrem:d ;u;:cordin& to the terms and conditions of this ~grecment u
. ,~(..'..:'. ;:1 9aragnph 9..
6.
~Clf.rictlOD on1JHs.
Use of the ParkIn! PaciIity by private
Nl.rties or org~[ions. Qr by bunness enteqlIises for prof1t is prtillblted, unJe$S agreed to.
in writing. ty both parties. Th! City and Board fUrther agree to make 00 unlawful.
i_~oper. 01 offensive ~ o(tlle Parkin& f'l(.:iUty. Tbt Libmy and aU its iDvilt:eS ihaU
. ~,.:: ~ l";-,' all Board pOlicies, bx Iudlng polity munber3 6O.d2-5.25 aDd 601\52-5.27. which
pl:oh.ibit the '~onswnption of totlatCO products aMJor a1cobolie beverages on 'Board property.
b.eJuding ou'.sidc areas.
7. Jl.qld Ifarmless. Subjet:t to the limitations t:OntalJlllli in Settion 168.28.
Florida. Stat\lte.s (1993), ~ palm agree e#h will sav~ 1he other barmlen on atCOUDt of the
.' . - :-:.: <,.ct J of its employte$, Kf"ant8 or agentS or 00 a~ount or my unst.fe coooitiOllS
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OR I G I NrLU~U~~~2U04 ik-/
I F)l.AN~--JI~~G & CFVELOPMENl
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PAGE 01
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ti1at !nay exLt as a ~wlt Q( tb~ uegHsent opcratKm by lh~ JAlrtie$ of the subject facilitie$.
Tht;- Cit}' anI; Board agr~c: 10 he respOnsible rOf loss or dwuge to the facUlty while used in
:_ ~{~tc~:ve pro;rams, Cltcc:pt for routine maintl:l\ance. The City and Board agr~ \1)
;;.rovl.cle eaeh other proof of il\!urance 'overa~t or self.insurance in the IIJl1O\1nu set fonJ1 in
: "'--J)!: 758.l8. Florida Statutc.$.
8-
A~ilnment. In:;pectlon and Tenninati.m.
The City and Board will
!lOL assign this Agre~tnen[ or s'l~let the premises or ~ny part thereof without the written
('ry~-~~nt of d. c other party. The Board. in otl'k:ers. 3sents and strvanu, $bil!l have tbe right
. :~. :C;; and inSpect the subjeel premises and U1e operaIiQn bel1\g conducted ther~n at
- ',s;onable: ti 11<<5 .
-:i1lis Agreement shall rt:main in effecl unIC$$ lcnnioatcd by tiChet party as follows:
a) Upon bre*th of this ASTeement by a part)'. the other party shall give
Vlt'ltten nolk~ of tenninatlon or this agreement ~cifyin& the claimtd bleach and tbc action
':'~1'.~1.:td ti;> cure the breach. If the breaching pf.l'\)' fails to cure the breach within five (5)
(lays from receipt of said notic~, then the c;ontrat1 shin tenniAatt ten (10) days from receipt
- -_-""c; writte: 1 notioe;
b) Bither part)' ma~' terminate this A.greement by givina written .notk-.e te;> rile
of.hc;r party C\lIt the ^~nt will tctminate one: (I) .,.ear ftom the receipt of S2id notice b)'
7:~ tiUnu part)'. Upon termination of thi~ Aireement, the Pltlc.in~ PacUity improvm1C11tS
- '-':.: bcc~ tile property of tl If: Board.
"
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llpfor.es.em Ow~.
The City and Boud agree that in the event of
.; -;:-::~r~seen QUes1ions ari:siDJ (.I\t of use of tM parking facUitY or ~rwise arising. und,(or this
and the City Managtt, or &heit respective designees.
..flgreement. ~id questioDS shll.ll be settled in writing between tbe Snperintcmdem of Schools
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10. l-titblatkm. In the event liligation is. ~ to enforce any of the terms or
,:(.'t1diticm \: f thl$ Agreement. the prevailing party shall be entitle<1 to ~et'
:::!.:.3 a.n<: expenses. inetudi~a 1U$Ql1iblt attorneys. ftela from the non-p~V1Ii1ing party.
11. HnlJlnp. The headings of chis Agrcunent ale tor tonven1t~ and
reference ollly and in nQ way :refmc, limit.. or deacribe the scope of inleat of this AareemcDt
or any part hereof. or in my way affect the same, or construe any pl'OvisioD hereof.
IN WITNESS WHEllEOF. the parti~ he~to have executed this Agteema11
^ ,.. -c '"::cl yeu fltSt ~e "titteD.
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City lenc
CITY OF CLEARW ATEIl, FLORID4
By: Ji;~
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AppiO'Ved a; t to fom and cont::nt:
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Attest:
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THE SCHOOL BOARD OF
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Cba.iraiu / AU~ 2' 'J1995 - - --~. -, i-- r-'
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[ PLANNIN~E&R~IE~~LOPMENT
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ORIGINAL
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FLD2004-08060
1250 PALMETTO ST
Date Received: 08/26/2004
LE'AZON TECHNOLOGY INSTITUTE
ZONING DISTRICT: I
LAND USE: INS
ATLAS PAGE: 269B
PLANNER OF RECORD: FGG
CLWCoverSheet
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FLD2004-080
1250 P ALMETT ST
Date Received: 08/26/2004
LEAZON TECH LOGY INTITUTE INC
ONING DISTRICT: I
LAND USE: INS
ATLAS PAGE: 269B
PLANNER OF RECORD: WW
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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
November 18, 2004
Mr. Laron Barber
Le' Azon Technology Institute Inc.
P.O. Box 4097
Clearwater, FL 33758-4097
RE: Development Order - Case FLD2004-08060- 1250 Palmetto Street
Dear Mr. Barber:
This letter constitutes a Development Order pursuant to Section 4-206D.6 of the Community
Development Code. On November 17, 2004, the Community Development Board reviewed your
Flexible Development application to permit a social/public service agency in the Institutional
District, with deviations to allow a social/public service agency adjacent to a residentially zoned
property and within 1,500 feet of an existing social/public service agency, as a Comprehensive Infill
Redevelopment Project, under the provisions of Section 2-1204.A. for the site at 1250 Palmetto
Street.
Based on the application and the Staff recommendation, the Community Development Board (CDB)
APPROVED the application with the following bases and conditions:
Bases for Approval:
1. The proposal complies with the Flexible Development criteria as a Comprehensive Infill
Redevelopment Project per Section 2-1204 A.
2. The proposal is in compliance with other standards in the Code including the General
Applicability Criteria per Section 3-913.
3. The development is compatible with the surrounding area and will enhance other redevelopment
efforts.
Conditions of Approval:
1. That all signage meet Code, including the removal/redesign of any existing signs, through
building permits prior to the issuance of a certificate of occupancy for the applicable site; and
2. That a fire inspection is performed prior to the issuance of a Certificate of Occupancy.
Pursuant to Section 4-407, an application for a building permit shall be made within one year of
Flexible Development approval (by November 30, 2005). All required certificates of occupancy
S:\Planning Departmentle D BIFLEXl/nactive or Finished ApplicationslPalmetto 1250 Le'AzonlPalmetto 1250 Development Order. doc
BRIAN J. AUNGST, MAYOR-COMMISSIONER
HoYT HAMILTON, VICE MAYOR-COMMISSIONER WHITNEY GRAY, Cml~llSSIOf'ER
FRANK HIBBARD, COMMISSIONER * BILl. JONSON, COMMISSIOf'ER
"EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER"
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.
November 18,2004
Mr. Barber, Page Two
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 Coordinator may grant an extension
of time for a period not to exceed one year and only within the original period of validity. The
Community Development Board may approve one additional extension of time after the Community
Development Coordinator's extension to initiate a building permit application.
The issuance of this Development Order does not relieve you of the necessity to obtain any building
permits or pay any impact fees that may be required. In order to facilitate the issuance of any permit
or license affected by this approval, please bring a copy of this letter with you when applying for any
permits or licenses that require this prior development approval.
If you have any questions, please do not hesitate to call Frank "Chip" Gerlock, Development
Review Manager, at 727-562-4557. You can access zoning information for parcels within the City
through our website: www.c1earwater-fl.com.
Cynthia H. Tarapani, AICP
Planning Director
S:\Planning DepartmentlC D BlFLEXi/nactive or Finished ApplicationslPalmetto /250 Le'AzonlPalmetto /250 Development Order. doc
. 4
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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
September 1, 2004
Le'Azon Technology Institute Inc.
P.O. Box 4097
Clearwater, FL 33758-4097
RE: Case No. FLD2004-08060, 1250 Palmetto Street
To Whom It May Concern:
The Planning staff has reviewed your application for Flexible Development approval for property
generally located at 1250 Palmetto Street. After a preliminary review of the submitted
documents, staff has determined that the application is incomplete. Section 4-202 of the
Community Development Code states that if an application is deemed incomplete, the
deficiencies of the application shall be specified by Staff. No further development review action
shall be taken until the deficiencies are corrected and the application is deemed complete. In
order to stay on the current schedule for review for sufficiency by the Development Review
Committee (DRC) on October 7, 2004, the following information is required to be submitted by
noon on September 6. 2004 (should you be unable to meet this time frame, the next submittal
deadline is September 29, 2004 [noon] to be reviewed for sufficiency by the DRC on November
12,2004, if the application is deemed complete):
lA'.
~
13.
/4.
The following items and/or information are required in order to make your application complete:
Provide on the application the name of the property owner, any agent's name, address,
phone numbers and email address, the legal description of the property (or attach as an
exhibit), the parcel number, the parcel size, the proposed use of the property and the
description of the requests.
Provide a signed and sealed survey (one original plus 14 copies). The survey submitted is
old and not signed/sealed.
Since the City has constructed a new library in a different location, and it appears that this
property and building will be used for a use different than a City branch library, provide
the lease agreement with the City of Clearwater.
Parking agreement between the Pinellas County School Board and the City that was
submitted with the application provided for additional parking for the branch library and
cannot be sublet or assigned without written consent of the other party (Section 8) and the
parking facility cannot be used by private parties or organizations, or by business
enterprises for profit, unless agreed to in writing by both parties (Section 6). Provide
copy of written consent in accordance with Sections 6 and 8 of the Agreement.
BRIAN J. AUNGST, MAYOR-COMMISSIONER
HO't-r HAMILTON, VICE MAYOR-COMMISSIONER WHITNEY GRAY, COMMISSIOt'ER
F10\NK HIBBARD, COMMISSIONER * BII.L]ONSON, Cmt.\llSSI01\ER
"EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPI.OYER"
1,
.
.
September 1, 2004
Le' Azon Technology Institute Inc. - Page 2
vS. Provide a location map of the property (showing location within the community).
6. Provide a site plan with the following information:
o SITE PLAN with the following information (not to exceed 24" x 36"):
<:C> All dimensions;
c::> North anow;
Engineering bar scale (minimum scale one inch equals 50 feet), and date prepared;
Location map;
Index sheet referencing individual sheets included in package;
Footprint and size of all EXISTING buildings and structures;
Footprint and size of all PROPOSED buildings and structures;
Include floor plates on multi-story buildings;
All required setbacks;
All existing and proposed points of access;
All required sight triangles;
IV.A. 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; (* Note: Per Section 3-911, all utilities shall
be located/relocated underground)
All parking spaces, driveways, loading areas and vehicular use areas, including handicapped
spaces;
Depiction by shading or crosshatching of all required parking lot interior landscaped areas;
Location of all solid waste containers, recycling or trash handling areas and outside mechanical
equipment and all required screening {per Section 3-201 (D) (i) and Index #701};
Location of all landscape material;
Al.k. ~ gf>ll1 jllrisciirtinn:illliI'lils aaju",,,,,lt t8 '?:~tlaRc:i~
Location of all onsite and offsite storm-water management facilities;
Location of all outdoor lighting fixtures; and
Location of all existing and proposed sidewalks
7. Provide a Site Data Table:
o SITE DATA TABLE for existing, required, and proposed development, in written/tabular form:
Land area in square feet and acres;
Nuufuv' sf eXI51TLNQ ~h. elling tm+ts;
Nl'ltneer vfPROP08BD d"",1l~u5 u,li~s;
~3J R60r arell aev6tea t8 eaek tl5iloi
Parking spaces: total number, presented in tabular form with the number of required spaces;
Total paved area, including all paved parking spaces and driveways, expressed in square feet and
percentage of the paved vehicular area;
Size and species of all landscape material;
Official records book and page numbers of all existing utility easement;
Building and structure heights;
Impermeable surface ratio (LS.R.); and
Floor area ratio (F.A.R.) for all nomesidential uses
8. Provide a landscape plan: (,,: OcoES"N',/ ^~ ~~ \
o LANDSCAPE PLAN: )
All existing and proposed structures;
Names of abutting streets;
"
.
.
September 1, 2004
Le' Azon Technology Institute Inc. - Page 2
Drainage and retention areas including swales, side slopes and bottom elevations;
Delineation and dimensions of all required perimeter landscape buffers;
Sight visibility triangles;
Delineation and dimensions of all parking areas including landscaping islands and
curbing;
Proposed and required parking spaces;
Existing trees on-site and immediately adjacent to the site, by species, size and locations,
including drip line (as indicated on required tree survey);
Plant schedule with a key (symbol or label) indicating the size, description, specifications
and quantities of all existing and proposed landscape materials, including botanical and
common names;
Location, size, and quantities of all existing and proposed landscape materials, indicated
by a key relating to the plant schedule;
Typical planting details for trees, palms, shrubs and ground cover plants including
instructions, soil mixes, backfilling, mulching and protective measures;
Interior landscaping areas hatched and/or shaded and labeled and interior landscape
coverage, expressing in both square feet and percentage covered;
<2uudilium ufa p,,:;vivus ele;,eI8~I+leRt <Ippr9"al (e.!!,. wuJitiems imposes BY the
CrlIIlIIlUIlity Dt:vduplllt:Ht D5ltrd}:
Irrigation notes
9. Provide the location of all existing and proposed freestanding and attached signage (for
existing signage, photographs may be submitted with dimensions of the signage and it
must be indicated whether the existing signage will be removed or retained).
10. A written narrative explaining the proposed use in detail would be helpful to assist in
understanding the proposed use.
Fifteen copies (one original and 14 copies) of the above must be submitted to the Planning
Department.
If you have any questions, please do not hesitate to call me at 727-562-4504. You can access
zoning information for parcels within the City through our website: www.myclearwater.com.
Sincerely,
tt;z~ w':J;, ~~
Planner III
S.IPlnllllillg DepnrlmelltlC D BIFLEXllllcompletelPnlmetto 1250 Le'Azoll Techllology Illstitute (1)\Pnlmetto 1250 Incomplete Letter 9.1.04.doc
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TO:
FAX COVER MEMO
CITY OF CLEARWATER
PLANNING DEPARTMENT
100 S. MYRTLE AVE.
CLEARW A TER, FL 33756
(727) 562-4567 FAX: (727) 562-4865
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Sep. 02 2004 04:36PM
YOUR LOGO
YOUR FAX NO.
Cit~OfClearwater-Plan Dept
727 562 4865
NO. OTHER FACSIMILE
01 94612666
START TIME USAGE TIME MODE PAGES RESULT
Sep.0204:34PM 01'32 SND 04 OK
TO ~ IFF REPCFi!T, PRESS ' 1"EtU' 1*04.
TtEN SELECT IFF BY US I t-6 ' +' CR ' -' .
FCR FAX ADl...ll=HTt=6E ASS I STt=N:E, PL...EASE Ct=LL 1-8OO-I-H..P-FAX (435-7329).
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FAX COVER MEMO
CITY OF CLEARWATER
PLANNING DEPARTMENT
100 S. MYRTLE AVE.
CLEARW A TER, FL 33756
(727) 562-4567 FAX: (727) 562-4865
To:-Le.'l1z..cv,. ~<-h""'~ '1 I ,,~));.J-vk \ ""~.
FAX: .. 1 , z..... ~733
Phone: 7 ( 2... - , 73'3
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RE: Ft..-o 2-00+' 0 80 (, 0
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NUMBER OF PAGES(INCLUDING THIS PAGE) 4-
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Check list for COB Aaenda & Application sent to
91Y Clerks Office
FLD2004-0B060
1250 Palmetto Street
Application Fonn
Parcel Identification Numbers
Authorization for Aaent. if Applicable
Survev or Leaal Description
COpy of 400 scale Zonina Atlas with property outlined and 500' radius
hand drawn from outside perimter of site
SherrY Watkins
~~JJ~
INITIALS
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Pl N.'1\':rIG & [,[\'ELOPMEN1
SER'J!CES
FLD2004-0866fr q\~~c~~__
1250 PALMETTO ST
Date Received: 08/26/2004
LEAZON TECHNOLOGY INTITUTE INC
ZONING DISTRICT: I
LAND USE: INS
ATLAS PAGE: 269B
PLANNER OF RECORD: NOT ENTERED
e
~ Clearwater
L'~
~
Planning Departmenl
100 South Myrtle Avenue
Clearwater, Florida 33756
Telephone: 727-562-4567
Fax: 727-562-4865
CASE #: __
DATE RECEIVED:
RECEIVED BY (staff initials):
ATLAS PAGE #:
ZONING DISTRICT:
LAND USE CLASSIFICATION:
SURROUNDING USES OF ADJACENT
PROPERTIES:
NORTH:
SOUTH:
WEST:
EAST:
rg// SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION
/ SUBMIT 14 COPIES OF THE ORIGINAL APPLICATION including
1) collated, 2) stapled and 3) folded sets of site plans
~ SUBMIT APPLICATION FEE $ ~ 2t?.s: cOO
* NOTE: 15 TOTAL SETS OF INFORMATION REQUIRED (APPLICATIONS PLUS SITE PLANS SETS)
OR\G\NAL
FLEXffiLE DEVELOPMENT APPLICATION
Comprehensive InfilI Redevelopment Project (Revised 10-10-2003)
~
_.
-PLEASE TYPE OR PRINT- use additional sheets a.~ necessary
A. APPLICANT, PROPERTY OWNER AND AGENT INFORMATION: (Section 4-202.A)
APPLlCANTNAME: L c'llU){\/ !6utrJCWi?y "L<TJrtJTc; .~L'
MAILING ADDRESS:... p. (). Box 'Io92_..L:Ls;agd.;Cxter t FI- 3BJSY- rot:{ 7__
E-MAIL ADDRESS: {aJo/)(1iJ.Le.42oF1.aU7'J PHONE NUMBER: 7 ;;; 7 7/2. 9733
CelL NUMBER:.. FAX NUMBER: 'Z27- 7) 2 . '1' 733
PROPERlY OWNER(S):
(Must include All owners as listed OIl the deed - provide onginal signature(s) 00 page 6)
AGENT NAME(S): _
MAILING ADDRESS:
E-MAIL ADDRESS:
PHONE NUMBER:
CELL NUMBER:
FAX NUMBER:
B. PROPOSED DEVELOPMENT INFORMATION:
I a ;5 0 ...........J?E1.U1l.e.r TO
<::) !.R.f.L .or
C lel-df.M.L -t t;',r ,f.'-_TO S/
STREET ADDRESS of subject site:
LEGAL DESCRIPTION:
(if nollisted here, please nole lhe location of this document in the submiltal)
PARCEL NUMBER:
PARCEL SIZE:
(acres, square feet)
PROPOSED USE AND SIZE:
-
(number 01 dwelling units, holel rooms or square foolage of nonresidential use) I."'r";':" - -~ rr ~ r? n \\ i;:::J r--'......
-.-.-.... ' . --..--.. ! \, ::-, I ( ~ ! '-, \ JI l::J --J......
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DESCRIPTION OF REQUEST(S):^;t;Ch~~~;~andb~"~~~ifi~ when identifying the requesl (indude aU reqUeslJ,d COde~e;.. ir~=f~~;:~~;~d~~ti;;i~~~qUire .lr ,mber f
parking spaces, specific use, etc.) !. I, \ ',;.. OCT I 4 2004 " .-/ I
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Paoe 1 of 7 - Flexible Develoomenl Aoolication. Comorehensive Infm Redevelooment pro~bt'.\Ju1WlrrciteQ~i~PPMENl
SERVICES
CITY OF CLE/\RWATER
,
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DOES THIS APPLICATION INVOLVE THE TRANSFER OF DEVELOPMENT RIGHTS {TOR}, A PREVIOUSLY APPROVED PLANNED UNIT
DEVELOPMENT, OR A PREVIOUSLY APPROVED (CERTIFIED) SITE PLAN? YES _ NO _ (if yes, attach a copy of the applicable
documents)
C. PROOF OF OWNERSHIP: (Section 4-202..A)
4c <:~-A:.~~~Q f>t'J
o SUBMIT A COPY OF THE TITLE INSURANCE POLICY, DEED TO THE PROPERTY OR SIGN AFFIDAVIT ATTESTING OWNERSHIP (see
page 6)
D.
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WRITTEN SUBMITTAL REQUIREMENTS: (Section 3-913.A) n 0 \ G \ N ~\ L
Provide complete responses to the six (6) GENERAL APPLICABILITY CRITERIA - Explain how each crit~ iJ .}hleved, in detail:
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.
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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.
3.
The proposed development will not adversely affect the health or safety or persons residing or working in the neighborhood of the proposed
use.
4. The proposed development is designed to minimize traffic congestion.
5. The proposed development is consistent with the community character of the immediate vicinity of the parcel proposed for development.
6. The design of the proposed development minimizes adverse effects, including visual, acoustic and olfactory and hours of operation impacts,
on adjacent properties.
ui' Provide complete responses to the ten (10) COMPREHENSIVE INFllL REDEVELOPMENT PROJECT CRITERIA (as applicable) - Explain
how each criteria is achieved in detail:
1. The development or redevelopment of the parcel proposed for development is otherwise impractical iwi1ttQ~t ~e1iiml~ITl!!iij~ ftsfl. f[l~nrfY- ..
and development standards. _ . , I -. I \: ii' \ i ~ r-' [I { ,'I,-:::J r--
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PM':>? of 7 _ FIAxihlA DAvelooment Aoolication .. Comorehensive Infill Redevelopment Proiect- City of Ci~1WaterS
CIT, OF CL[,,;:~V/ATER
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2. The development 01 the parcel proposed for development as a comprehensive infill redevelopment project or residential infill project ~'llill not
reduce the lair market value of abutting properties. (Include the existing value of the site and the proposed value 01 the site with the
improvements.)
3. The uses within the comprehensive infill redevelopment project are otherwise permitted in the City of Clearwater.
4. The uses or mix of use within the comprehensive infill redevelopment project are compatible with adjacent land uses.
-.--iJRffitN-At-
5. Suitable sites for development or redevelopment of the uses or mix of uses within the comprehensive infill redevelopment project are not
otherwise available in the City of Clearwater.
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 comprehensive infill redevelopment project creates a form and function that enhances the community character of
the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole.
8. Rexibility in regard to lot width, required setbacks, height and off-street parking are justified by the benelits 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 immediate vicinity according to the shared parking formula in Division 14 of Article 3 will be available to
avoid on-street parking in the immediate vicinity of parcel proposed for development.
10. The design of all buildings complies with the Tourist District or Downtown District design guidelines in Division 5 01 Article 3 (as applicable).
Use separate sheets as necessary.'-" .... .... ---. .-. "'I~~._:::....-'~-~.. '~.. ...::. H ,,-~~:~
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P:'lOP. ~ of 7 - FI(~xible Develoomenl Aoolication - Comprehensive Infill Redevelopment Project- City of Cle<lryvater~;;: ';
(~,: (-...)1- ~_:L__: 'i'\./\fi\-~';~~rl
E. SUPPLEMENTAL SUBMITTAL REQUIREMENTS: (Code Section 4-202.A)
D---SffiNED ANO SE,tt.! I=n SIIR\lE~Of property) - One original and 14 copIes; .
ORIGINAL
fl IBFF-SUr:lVEY (im;lugiI:t9 l;'yi"li"9 tre63 en sire dllJ \ViII fill ~o 01 10e adjacent site, by species, size (UI:iH 4 or grealel ), i:mJ l<=doon,
ilJ('h .ning rlrip linee-amt ~nOlcatlng net:::> to De (elmo.eel) pit:/ase aas/gn arODm} /l.t: existifJg trf'P~'
(3/ LOCATION MAP OF THE PROPERTY;
o PARKING DEMAND STUDY in conjunction with a request to make deviations to the parking standards (Le. Reduce number of spaces). Prior to
the submittal of this application, the methodology of such study shall be approved by the Community Development Coordinator and shall be in
accordance with accepted traffic engineering principles. The findings of the study will be used in determining whether or not deviations to the
parking standards are approved; Cb~ of ~NI:, ~esf:~T 4/:,171 J~(" BO'\R!!.tJ
a- 8RADI1'<I6 PLAN, as aw'iC'abIA,.
o ~ I-'HI:.UMINARY PLAT, .... req"irPrl (Note: Building permits will not be issued unti~ evidence of recording a final plat is provided);
----.
o -eOPY OF nEOOflBEO t'LA I , as applicable;
F. SITE PLAN SUBMITTAL REQUIREMENTS: (Section 4-202.A)
,,/
SITE PlAN with the following information (not to exceed 24" x 36"):
All dimensions;
North arrow;
Engineering bar scale (minimum scale one inch equals 50 feet). and date prepared;
location map;
Index sheet referencing individual sheets included in package;
Footprint and size of all EXISTING buildings and structures;
Footprint and size of all PROPOSED buildings and structures;
Include floor plates on multi-story buildings;
All required setbacks;
All existing and proposed points of access;
All required sight triangles;
Identification of environmentally unique areas, such as watercourses. wettands. tree masses, and specimen
trees, including description and location of understory. ground cover vegetation and IlVildlife habitats, atc;
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; (. Note: Per Section 3-911, all utilities shall be located/relocated underground)
All parking spaces, driveways, loading areas and vehicular use areas, including handicapped spaces;
Depiction by shading or crosshatching of all required parking lot interior landscaped areas;
Location of all solid waste containers. recycling or trash handling areas and outside mechanical equipment and all required screening {per
Section 3-201 (D) (i) and Index #701};
location of all landscape material;
Location of all jurisdictional lines adjacent to weUands;
Location of all onsite and offsite storm-water management facilities;
Location of all outdoor lighting fIXtures; and
Location of all existing and proposed sidewalks
SITE DATA TABLE for existing, required, and proposed development, in written/tabular form:
Land area in square feet and acres;
Number of EXISTING dwelflng units;
Number of PROPOSED dwelling units;
Gross floor area devoted to each use;
Parking spaces: total number, presented in tabular form with the number of required spaces;
Total paved area, including all paved parking spaces and driveways, expressed in square feet and percentage of the paved vehicular area;
Size and species of all landscape material;
Official records book and page numbers of all existing utility easement; -- -
Building and structure heights; , r ~---- ~ ~ ~ ~-::J n ~n ~ r;:
Impermeable surface ratio (I.S.R.); and ,I i ~ [=1 i \ V I \ \ '\
Roor area ratio (FAR.) for all nonresidential uses \ [) j -~-:~-1 ,
FOR DEVELOPMENTS OVER ONE ACRE, provide the following additional information on site Pia,: <, r \ ' )
One-foot contours or spot elevations on site; '11 \ I l J
Offsite elevations if required to evaluate the proposed stomlV.I8ter management for the parcel; \ I OCT 4 2004 ~ .'~"",
All open space areas; .J, i \ L,,,<<.-'
Location of all earth or water retaining walls and ~arth berms; l_----~
Lot lines and building lines (dimensioned); PLANNiNG F< rE\iaOPMENl
Streets and drives (dimensioned);
SER\/ICES
Building and structural setbacks (dimensioned); ~. .. i" ,\ TEn
Structural overhangs; CITY Ot- CLF'~-I'_~~~_~.'_.
Tree Inventory; prepared by a "certified arborist", of all trees 8" DBH or greater, reflecting size, canopy (drip lihesy-ancfcondition of such trees
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Paoe 4 of 7 - Flexible Develooment Application - Comprehensive Infill Redevelopment Project- City of C[ealWater
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G. )-ANDSCAPING PLAN SUBMITTAL REQUIREMENTS: (Section 4-1102.A)
~
LANDSCAPE PLAN:
All existing and proposed structures;
Names of abutting streets;
Drainage and retention areas including swales, side slopes and bottom elevations;
Delineation and dimensions of all required perimeter landscape buffers;
Sight visibility triangles;
Delineation and dimensions of all parking areas including landscaping islands and curbing;
Proposed and required parking spaces;
Existing trees on-site and immediately adjacent to the site. by species. size and locations. including dripline (as indicated on
required tree survey);
Plant schedule with a key (symbol or label) indicating the size, description, specifications and quantities of all existing and proposed
landscape materials. including botanical and common names;
Location, size. and quantities of all existing and proposed landscape materials. indicated by a key relating to the plant schedule;
Typical planting details for trees. palms. shrubs and ground cover plants including instructions. soil mixes. backfilling. mulching and
protective measures;
Interior landscaping areas hatched and/or shaded and labeled and interior landscape coverage, expressing in both square feet and
percentage covered;
Conditions of a previous development approval (e.g. conditions imposed by the Community Development Board);
Irrigation notes
Of~'GINAL
a REDUCED LANDSCAPE PLAN to scale (8112 X 11). in color.
a IRRIGATION PLAN (required for Level Two and Three applications)
a COMPREHENSIVE LANDSCAPE PROGRAM application. as applicable
o
STORMW A TER PlAN including the following requirem
Existing topography extending 50 feet beyond all rty lines;
Proposed grading including finished floor ele ns of all structures;
All adjacent streets and municipal slo ems;
Proposed stormwater detention/re on area including top of bank. toe of slope and outlet control structure;
Stormwater calculations for ootion and water quality;
Signature of Rorida re i red Professional Engineer on an plans and calculations
ater Design Criteria Manual and
tV- A .
H. STORMWATER PLAN SUBMITTAL REQUIREMENTS: (City of C
4-202.A.21 )
o
COpy OF PE INQUIRY LETTER OR SOUTHWEST flORIDA WATER MANAGEMENT DISTRICT (SWFWMD) PERMIT SUBMITTAL
approval is required prior to issuance of City Building Permit), if applicable
o
Y OF STATE AND COUNTY STORMWATER SYSTEM TIE-IN PERMIT APPLICATIONS. if applicable
______-c
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I.
BUILDING ELEVATION PLAN SUBMITTAL REQ NTS: (Section 4-202.A.23)
Required in the event the application includes a dey nt where design standards are in issue (e.g. Tourist and Downtown Districts) or as part
of a Comprehensive InfiO Redevelopment Pr' or a Residentiallnfill Project
~to
o
NGS - all sides of all buildings including height dimensions. colors and materials
o
REDUCED 100 ELEVATIONS _ four sides of building with colors and materials to scale (8 3'2 X 11) (black and white and color rendering. if
as required
J. rIGNAGE: (Division 19. SIGNS I Section 3-1806)
IS/' All EXISTING freestanding and attached signs; Provide photographs and dimensions (area. height. etc.),Jr:KIicate..wbetbes:..lQQy:-will-ee.1'efOOI1Sd or
to remain. f ..- .:\ ~ ~ rc:: n \\ n rc:: w-'
~ All PROPOSED freestanding and attached signs; Provide details including location. size. height, cOI~~~~~fr~st~n oogns
shall include the street address (numerals) . \ T ~.J., I \
U Comprehensive Sign Program application, as applicable (separate application and fee required). \ \ I,om_, \ \ OCT I A 2004 !
o Reduced signage proposal (8 Y2 X 11) (color), if submitting Comprehensive Sign Program applica~: < l: I L_____"
l__-
PU\~:~~!NG p, CEVELOPMEN1
SERVICES
Paoe 5 of 7 - Flexible Development Application - Comprehensive lolill Redevelopment Project- Ci~~~~.~~~\R~~~~~_..___..
Page 3 of 3
Pinellas ~ounty Property Apprai_nfomlation: 10 29 15 00000 130 05.
10 / 29 / 15 / 00000 / 130 / 0500
:01
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23-Feb-Z004 JiM SMith, CFA Pinellas County Property Appraiser 08:51:02
COMMercial Card 01 of 1 "INprOveMent Type: Of'f'ices
Property Address: lZ50 PALMETTO ST Prop Use: 413 Land Use: 89
,/
structural Elements
G"\
~
-
~
-
. )::::.
Foundation
Floor SysteM
Exterior Wall
Height Factor
Party Wall
Structural FraMe
Roof FraMe
Roof Cover
Cabinet & Mill
Floor Finish
Interior Finish
Total Units
Continuous footing
Slab on Grade
Conc Block/Stucco
o
None
Masonrg pillar&Steel
Flat
Built Up/Co~position
Average
Carpet Co~ination
Drgwall
o
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Heating & Air Heating&Cooling Pckg
Fixtures 8
Bath Tile
Electric
Shape Factor
Quality
Year Built
Effective Age
Other Depreciation
Function Depreciation
EconOMic Depreciation
floor Onlg
Average
Average
L986
14
o
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Sub Areas
Description Factor Area Description Factor Area
1) Base Area 1. 00 3,338 7) .00 0
2) .00 0 8) .00 0
3) .00 0 9) " 00 8
4) .00 0 10) .80 0
5) .00 (I 11) .08 0
6) .00 0 12) .00 0
Commercial Extra Features
Description DiMensions Price Units Value RCD -Year
1) .80 0 0 0 0
2) .10 0 8 0 0
3) .80 0 0 0 0
4) .00 0 0 0 0
5) .08 8 0 0 I
6) .00 0 .. 0 0
TOTAL RECORD VALUE: 0
._..__._..~__ _______.__ '.."_.___._.d__d-
PineIlas County Property Appraiser
Parcel Information
Back JQ S~(lrp.hJ~.!!~
An exp]IDJfJJiQJJQ[Jl1is screen
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i OCT I 4 2004 I '_0
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PLANNlf\!G & DEVELOPMEN1
StHvIGt:0
CITY OF CLEr\RWATER
Pinellas ~ounty Property Appraiernfonnation: 10 29 1500000 13005.
10 / 29 / 15 / 00000 / 130 I 0500
Page 2 of3
23-Feb-2004 JiM sfllitll, CFA Pinellas County Property Appraiser 08:57:02
Ownership InforMation I Non-Residential Property Add ress . Use. and Sales
CLEAR~ATER. CITY Of
PO BOX 4748
CLEAR~ATER H 33758-4148
COMparable sales value as Prop Addr: USO PALHETTO ST
of Jan 1, 2003, based on Census Tract: 26Z.00
sales frol'l 2001 - 2002:
0 Sale Date OR Book/Page Price (Qual/UnQ) Vac/Il'lp
Plat InforMation 0 10 01 0 0 ( )
0000: Book Pgs - 0 /0 01 0 0 ( )
0000: Book Pgs - 0 /0 0/ 0 0 ( )
0000: Book Pgs - 0 /0 01 0 0 ( )
2003 Value EXEMPTIONS
.
Just/Market: 203.208 HOl'lestead: I Ownership Z .000
Historic : 0 Use X: .000
Assessed/Cap: 203. ZOO Tax ExeMPt ~: 1.000
Other Exel'lp t : 203.280
Taxable: 0 Agricultural: 0
2003 Tax Inforl'lation Land InforMation
District: CW Seawall: Frontage:
Clearwater View:
03 Millage: 23. 0851 Land Size Unit Land Land Land
Front x Depth Price units Meth
03 Taxes: .80
1) 150 x 110 2.00 16.500.00 S
Special Tax .00 2) 0 x 0 .00 .08
3) 0 x 0 .00 .00
Without the Save-Our-HoMes 4) 0 x 0 .00 .00
cap, 2003 taxes will be : 5) 0 x 0 .80 .80
.00 6) 0 x 0 .00 .00
Without any exeMptions, Total Land Value: 33.000
2003 taxes will be :
4...690.89
Short Legal E 109.6 FT OF ~ 836.17 FT OF N ISO FT OF 5 180 FT OF
Description SW 1/4 OF tIE 1/4
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AFFIDAVIT TO AUTHORIZE AGE.
e
1.
That (I am/we are) the owner(s) and record title holder(s) of the following described property (address or general location);
12~o fJAt..M~"-'-O s=r.II!:-tI:!~r- C~~
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2.
That this property constitutes the property for which a request for a~escribe request)
fr{~p~IAJ~ U/1/p' -Jitif/LL.-
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3.
That the undersigned (has/have) appointed and (does/do) appoint:
as (his/their) agent(s) to execute any petitions or other documents necessary to affect such petition;
3. That this affidavit has been executed to induce the City of Clearwater, Florida to consider and act on the above described property;
4. That the applicant acknowledges that all impact fees (parks and recreation, traffic, etc.) will be paid PRIOR to the issuance of a building permit,
certificate of occupancy, or other mechanism, whichever occurs first;
5. That site visits to the property are necessary by City representatives il} order to process this application and the owner authorizes City
representatives to visit and photograph the property described in this application;
6. That (I/we), the undersigned authority, hereby certify that the foregoing is true and correct.
PLANNING & DEVELOPMENT
SERVICES
CITY OF CLEARWATER
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~T ATE OF FLORIDA,
COUNTY OF PINELLAS
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rU \ AUG L1 2004
Property Owner
Property Owner
Property Owner
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C)..b day of -:;:;-
who having been first duly sworn r-::::_
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{j;fore me the un~~~ed, an officer duly commission~d by he laws ofJbe Sta,te of Florida, on this
. U0-UST, personallyappeared" I D 1'1 F. ~ZcU:> 0
Deposes and says that e/she fully understands the contents of the affidavit that he/she signed.
My Commission Expires;
tlA.IJCVrtLS-
Notary Public
0) HOLLYM,AUSANIO
m MY COMMISS. ION # DO 023. 735
~ EXPIRES: May 7,2005
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01 'iJJr-J:!'~G & DEVELOPMENT
Page 7 of 7 - Flexible Development Application - Comprehensive Infill Redevelopment Project-='City of <S1~~~S
CiTY OF CLEARWATER
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I HEREBY. C~RTIFY THAr THE" SlJRVEY SHOWN
HEREON MEETS THE REOUIREMENTS OF
CHAPTER! IHH-S FLORIOA ADMINISTRATIVE CODE.
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LAND SURVEYING
RO. Box 896
Clearwater, Florida 33517
595-5478
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CDB Meeting Date:
Case Number:
Agenda Item:
Applicant:
Representative:
Address:
November 16,2004
FLD2004-08060
F4
Le' Azon Technology Institute, Inc.
Mr. Laron Barber
1250 Palmetto Street
OR\G\NAL
CITY OF CLEARWATER
PLANNING DEPARTMENT
ST AFF REPORT
GENERAL INFORMATION:
REQUEST:
Flexible Development approval to permit a social/public service
agency in the Institutional District, with deviations to allow a
social/public service agency adjacent to a residentially zoned
property and within 1,500 feet of an existing social/public service
agency, as a Comprehensive Infill Redevelopment Project, under the
provisions of Section 2-1204. A.
EXISTING ZONING/LAND USE: Institutional (I) District; Institutional (INS)
PROPERTY SIZE:
0.378 acres
PROPERTY USE:
Current Use: Vacant (recently was City of Clearwater, North
Greenwood Branch Library)
Proposed Use: Social/Public Service Agency (non-profit educational
training facility)
ADJACENT ZONING/LAND USES:
North: Institutional DistrictIRecreation District; Parking lot
West: Institutional District; Retail, School
East: Medium Density Residential District; Single-family Homes
South: Low Medium Residential District; Single-family Homes
CHARACTER OF THE
IMMEDIATE VICINITY: Single-family dwellings are to the south and east, Clearwater
Comprehensive Middle School to the west and a parking lot and
retention area to the north.
Staff Report - Community Development Board - November 16, 2004 - Case FLD2004-08060 - Page 1
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ANAL YSIS:
Site Location and Existing Conditions: The 0.378-acre site is located at the northeast quadrant
of Holt Avenue and Palmetto Street. Improvements on the site include a one-story concrete block
constructed building of approximately 3,338 square feet. The building was constructed in 1986
and has an appraised value of $203,000. The building is owned by the City of Clearwater and
functioned as the "North Greenwood Branch Library" from 1986 to 2003. From January of2003
to May 2004 the facility served as storage for the Clearwater Main Library.
Proposal: The applicant has entered into a lease agreement with the City of Clearwater to lease the
structure at 1250 Palmetto Street for a period of five years. The applicant is proposing to utilize
the existing structure to provide educational training services to the community. Per the lease
agreement, there can be no structural changes or improvements made without consent of the City
of Clearwater. Existing parking and landscaping meets code requirements. Additional parking is
provided with a parking agreement between the City of Clearwater and the School Board of
Pinellas County. This agreement provides for an additional ten (10) parking spaces for a period of
ten (10) years commencing August 23,2005 and ending August 22,2015.
Initially, the factors that directed this project to the Comprehensive Infill process were that 1) the
proposed use (social/public service agency) will be adjacent to residentially zoned properties and
2) the social/public service agency is within 1,500 feet of an existing social/public service agency
(African American Leadership Co.). On October 14, 2004 the "African American Leadership Co."
located at 1250 Holt Avenue, moved to a new location (1201 Douglas Avenue) that is not within
the 1,500 feet of 1250 Palmetto Street. Presently, the one factor requiring Comprehensive Infill
approval is that the 1250 Palmetto Street location for the social/public service agency is adjacent to
residentially zoned properties to the east and south.
The proposed use (educational training services) is very similar in nature and impact as the
previous library use. As there are no physical improvements requested or required, it appears that
the change of use will be minimal in any impacts to the neighborhood.
Code Enforcement Analysis: There are no outstanding enforcement issues associated with this
site.
Staff Report - Community Development Board - November 16,2004 - Case FLD2004-08060 - Page 2
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COMPLIANCE WITH STANDARDS AND CRITERIA: (Sections 2-701.1 and 2-704):
STANDARD EXISTING CONSISTENT INCONSISTENT
MAXIMUM FLOOR 0.20 X
AREA RATIO (FAR)
(0.65)
IMPERVIOUS 0.28 X
SURFACE RATIO
(ISR) (0.85)
LOT AREA (min. 10- 0.379 acre; 16,500 square feet X
20,000 square feet)
LOT WIDTH (min. 11 0 feet X
100 feet)
FRONT SETBACK Palmetto S1.: 40.8 feet (to building); X*
(15-25 feet)) 5.0 feet (to pavement)
Holt Avenue: zero feet (to building)
SIDE SETBACK (10 East: 24.5 feet (to building) X
feet) North: 35.3 feet (to building)
HEIGHT (30 feet 14 feet X
maximum)
PARKING SPACES 14 spaces provided X
(two to three spaces
per 1,000 GFA) (7
spaces required)
Staff Report - Community Development Board - November 16,2004 - Case FLD2004-08060 - Page 3
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COMPLIANCE WITH FLEXIBILITY CRITERIA (Section 2-1204A)
Consistent Inconsistent
1. The development or redevelopment of the parcel proposed for X
development is otherwise impractical without deviations from the use,
intensity and development standards.
2. The development of the parcel proposed for development as a X
Comprehensive Infill Redevelopment Project will not reduce the fair
market value of abutting properties.
3. The uses within the Comprehensive Infill Redevelopment Project are X
otherwise permitted in the City of Clearwater.
4. The use or mIX of uses within the Comprehensi ve Infill X
Redevelopment Project is compatible with adjacent land uses.
5. The development of the parcel proposed for development as a X
Comprehensi ve Infi 11 Redevelopment Proj ect will upgrade the
immediate vicinity of the parcel proposed for development.
6 The design of the proposed Comprehensive Infill Redevelopment X
Project creates a form and function that enhances the community
character of the immediate vicinity of the parcel proposed for
development and the City of Clearwater as a whole.
6. Flexibility in regard to lot width, required setbacks, height and off- X
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.
7. Adequate off-street parking in the immediate vicinity according to the X
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.
Staff Report - Community Development Board - November 16, 2004 - Case FLD2004-08060 - Page 4
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COMPLIANCE WITH GENERAL STANDARDS Section 3-913 :
Consistent
Inconsistent
1.
Development of the land will be in harmony with the scale, bulk,
covera e, dens it and character of ad' acent ro erties.
Development will not hinder or discourage development and use of
ad. acent land and buildin s or si ificant! im air the value thereof.
Development will not adversely affect the health or safety of persons
residin or workin in the nei hborhood.
Develo ment is desi ned to minimize traffic con estion.
Development is consistent with the community character of the
immediate vicinity.
Design of the proposed development minimizes adverse effects,
including visual, acoustic and olfactory and hours of operation
im acts on ad' acent ro erties.
x
x
2.
x
3.
x
4.
5.
x
X
6.
SUMMARY AND RECOMMENDATION:
The Development Review Committee reviewed the application and supporting materials on
October 7, 2004. Planning Department recommends APPROVAL of the Flexible Development
application to permit a social/public service agency adjacent to residentially zoned property as a
Comprehensive Infill Redevelopment Project, under provisions of Section 2-1204.A, for the site at
1250 Palmetto Street, with the following bases and conditions:
Bases for Approval:
1. The proposal complies with the Flexible Development criteria as a Comprehensive Infill
Redevelopment Project per Section 2-1204.A.
2. The proposal is in compliance with other standards in the Code including the General
Applicability Criteria per Section 3-913.
3. The development is compatible with the surrounding area and will enhance other
redevelopment efforts.
Conditions of Approval:
1. That all signage meet Code, including the removal/redesign of any existing signs, through
building permits prior to the issuance of a certificate of occupancy for the applicable site; and
2. That a fire inspection is performed prior to ~ c a ificate of Occupancy.
Prepared by: Planning Department Staff:
ATTACHMENTS:
Aerial Photograph of Site and Vicinity
Location Map
Future Land Use Map
Zoning Atlas Map
Application
S:IPlanning DepartmentlC D BIFLEXlPending cases I Up for the next CDBIPalmetto 1250 Le'Azon Technology Institute (1)IPalmetto Street 1250
Staff Rept.doc
Staff Report - Community Development Board - November 16,2004 - Case FLD2004-08060 - Page 5
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CITY OF CLEARWATER
NOTICE OF COMMUNITY DEVELOPMENT BOARD PUBLIC HEARINGS
The Community Development Board of the City of Clearwater, Florida, will hold public hearings on Tuesday, November
16, 2004, beginning at 2:00 p.m., in the City Council Chambers, in City Hall, 3rd floor, 112 South Osceola Avenue,
Clearwater, Florida, to consider the following requests:
NOTE: All persons wishinl! to address an item need to be present at the BEGINNING of the meetinl!. Those cases
that are not contested bv the applicant. staff. neil!hborinl! property owners. etc. will be placed on a consent al!enda
and approved bv a sinl!le vote at the bel!inninl! of the meetinl!.
1. (cont. from 10/19/04) 1504 Garden Inc. is requesting a Flexible Development approval to permit retail sales within an
existing two-story commercial building with a reduction to lot area from 10,000 sq ft to 7,720 sq ft, a reduction to lot width
(west) from 100 ft to 50.81 ft, reductions to the front (north) setback from 25 ft to 19 ft (to existing and proposed building)
and from 25 ft to 14 ft (to proposed pavement), a reduction to the front (west) setback from 25 ft to 15 ft (to proposed
pavement), reductions to the side (south) setback from 10 ft to one-foot (to existing and proposed building) and from 10 ft
to zero ft (to proposed pavement) and a reduction to required parking from 5 to 4.5 spaces per 1,000 sq ft, as a
Comprehensive Jnfill Redevelopment Project, under the provisions of Section 2-704.C, and a reduction to the landscape
buffer along the south property line from 5 ft to zero ft and a reduction in the width of the required foundation landscaping
adjacent to the building (west side) from 5 ft to 3.75 ft, as part of a Comprehensive Landscape Program, under the
provisions of Section 3-1202.G. (Proposed Use: Retail sales and services) at 503 Marshall St., E.A. Marshall's Sub, Lot
10 & W Y2 of vac alley on E. FLD2004-02010
2. (cont. from 10/19/04) Clearwater Seashell Resort. L.C. is requesting a Flexible Development application to amend a
previously approved FL 01-01-01 (CDB approved on February 20, 2001) to permit an additional 24 overnight
accommodation units from the density pool (in addition to the previously approved 250 overnight accommodation units) as
a mixed use, with a maximum of 70,000 sq ft of amenities accessory to the hotel and a minimum of 400 public parking
spaces, as a Comprehensive Jnfill Redevelopment Project, under the provisions of Section 2-803.C. [Proposed Use: Hotel
of 250 rooms (153.37 rooms/acre on total site), 18 attached dwellings (11.04 units/acre on total site) and a maximum of
70,000 sq ft (0.98 FAR on total site) of amenities accessory to the hotel, at a height of 150 ft (to roof deck)] at 229 and 301
South Gulfview Boulevard and 230. 300 and 304 Coronado Drive (Related to DV A2004-00002), Lloyd-White Skinner
Sub, Lots 57, 58, 59, 104, 105 & 106 and part of Lots 56, 103, & 107. FLD2004-07052
3. (cont. from 10/19/04) Ellis & Co.. Ltd. a Florida Limited Patnership is requesting a Flexible Development approval for
the change of use of an existing automobile service station to a 2,266 sq ft restaurant, with a reduction to the front (west)
setback from 25 ft to 15 ft (to pavement), a reduction of the front (north) setback from 25 ft to 15 ft (to pavement),
reductions of the side (east) setback from 10 ft to 3 ft (to building), from 10 ft to zero ft (to exterior seating wood deck), and
from 10 ft to zero ft (to dumpster enclosure), a reduction of the side (south) setback from 10 ft to zero ft (to pavement) and
from 10 ft to 2 ft (to dumpster enclosure), a reduction in the required parking from 34 spaces to 21 spaces, as a
Comprehensive JnfiIl Redevelopment Project, under the provisions of Section 2-704.C., and as part of a Comprehensive
Landscape Program, under the provisions of Section 3-1202.G. (Proposed Use: Restaurant) at 2201 Gulf to Bav
Boulevard, See 18-29-16, M&B 32/04 and 32/05. FLD2004-08058
4. (cont. from 10/19/04) David A. & Sharon A. Cote are requesting a Flexible Development approval for (I) the
Termination of Status of Nonconformity for density for the purpose of adding a two-car garage, under the provisions of
Section 6-109, and (2) the expansion of attached dwellings with a reduction to the front (north) setback from 25 ft to 20 ft
(to building) and a reduction to the side (south) setback from lOft to 5 ft (to building), as a Residential Jnfill Project, under
the provisions of Section 2-203.C, and a reduction to the landscape buffer along the south property line from 10 ft to 5 ft, as
part of a Comprehensive Landscape Program, under the provisions of Section 3-1202.G. [Proposed Use: Construction of a
3 car attached garage in association with an existing nonconforming attached dwelling (duplex)] at 115 North Kevstone
Drive, Keystone Manor, Blk D, Lot 1 & 20. FLD2004-06044
5. Allan J. Crooker / Lamer Beach Club. LLC / McSmith. Inc. are requesting (1) Termination of Status of
Nonconformity for density (15 overnight accommodation units - to be converted to II dwelling units), under the provisions
of Section 6-109; (2) Flexible Development approval to permit a total of 13 attached dwellings in the Medium High Density
Residential (MHDR) District and Tourist (T) District with reductions to lot area in the MHDR District from 15,000 sq ft to
8,700 sq ft and in the T District from 10,000 sq ft to 4,350 sq ft, reductions to lot width in the MHDR District from 150 ft to
100 ft and in the T District from 100 ft to 50 ft, reductions to the front (north along Avalon Street - MHDR District) setback
e
.
from 25 ft to 10 ft (to building) and from 25 ft to zero ft (to dumpster staging pad), a reduction to the side (west - MHDR
District) from 10 ft to zero ft (to building), a reduction to the rear (south - MHDR District) from 15 ft to 10 ft (to building),
a reduction to the front (south along Kendall Street - T District) from 15 ft to 10ft (to building), a reduction to the side
(west - T District) from lOft to zero ft (to building), an increase to building height in the MHDR District from 30 ft and in
the T District from 35 ft to 69.5 ft (to roof deck) with perimeter parapets of 3.67 ft (from roof deck) and decorative roof
structures of 10.1 ft (from roof deck) and to permit a building within the visibility triangles, as a Residential Infill Project in
the MHDR District and as a Comprehensive Infill Redevelopment Project in the T District, under the provisions of Sections
2-404.F and 2-803.C; (3) Reduction to the front perimeter buffer along Avalon Street in the MHDR District from 10 ft to
zero ft (to dumpster staging pad) and a reduction to the side (west) landscape buffer in the MHDR District from lOft to zero
ft (to building), as a Comprehensive Landscape Plan, under the provisions of Section 3-1202.G; and (4) Transfer of
Development Rights (TDR2004-08008) of one dwelling unit to this site from 321 Coronado Drive, under the provisions of
Section 4-1402. (Proposed Use: Attached dwellings -13 condominium units) at 15-17 Avalon St. & 16 Kendall St.,
Revised Map of Clearwater Beach, Blk 7, Lots 5, 6 & 14. FLD2004-08059
6. Schlau Properties Co. are requesting a Flexible Development approval to allow Retail Sales and Service (a funeral
home) as a primary use in the Office Zoning District, with a reduction of the front setback from 25 ft to 13 ft (to pavement),
reductions of the side (east) setback from 20 ft to 4 ft (to building and sidewalk), a reduction of the side (west) setback from
20 ft to 8 ft (to pavement), and a reduction of the rear setback from 20 ft to II ft (to pavement), as a Comprehensive Infill
Redevelopment Project under the provisions of Section 2-1004.8. and as a Comprehensive Landscape Plan, under the
provisions of Section 3-1202.G. (Proposed Use: Funeral Home) at 1425 Sunset Point Rd., Sec. 02-29-15, M&B 32.06.
FLD2004-06043
7. Ocean Properties of Clearwater, LLC are requesting a Flexible Development approval to permit retail sales within an
existing one-story commercial building with reductions to the front (west) setback from 25 feet to six feet (to existing
building) and from 25 feet to 12.5 feet (to proposed pavement), a reduction to the side (south) setback from 10 feet to four
feet (to existing and proposed pavement), as a Flexible Development Project, under the provisions of Section 2-704.N, and
reductions to the landscape buffers along the south property line from five feet to four feet and a reduction in the front
(west) landscaping adjacent to the building (west side) from 15 feet to six feet, as part of a Comprehensive Landscape
Program, under the provisions of Section 3-1202.G. (Proposed Use: Retail Sales and Services) at III S. Belcher Rd., Sec.
18-29-16, M&B 23.03. FLD2004-07054
8. City of Clearwater are requesting a Flexible Development approval to permit a social public service agency in the
Institutional District, with deviations to allow a social public service agency adjacent to residentially zoned property and to
allow a social public service agency within 1,500 ft of an existing social public service agency, as a Comprehensive Infill
Redevelopment Project, under the provisions of Section 2-1204.A. (Proposed Use: Non-profit educational training facility)
at 1250 Palmetto St., Sec. 10-29-15, M&B 13.05. FLD2004-08060
9. Robert D. Basham (owner) Sandra Britton is requesting an appeal of the decision of a Level One application (Flexible
Standard Development case FLS2004-05033), under the provisions of Section 4-501, that approved an application reducing the
front (east) setback from 25 ft to 10 ft (to building), reducing the front (south) setback from 25 ft to 10 ft (to building),
increasing the height of a wall from 3 ft to 7 ft in the front (east and south) setbacks, as part of a Residential Infill Project, under
the provisions of Section 2-203.C. (Proposed Use: Construction of a detached dwelling) at 752 Eldorado Ave., Mandalay
Sub., Blk 4, Lot I. APP2004-00007
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 to request and obtain party status by the Board during the case
discussion, 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. Community Development Code Section 4-206 states that party status shall be granted by the Board if person
requesting such demonstrates that s/he is substantially affected. Party status entitles parties to: personally testifY, present
evidence, argument and witnesses, cross-examine witnesses, appeal the decision and speak on reconsideration requests.
An oath will be administered swearing all participants in public hearing cases. If you wish to speak please wait to be
recognized, then state and spell your name and provide your address. Persons speaking before the COB shall be limited to
three minutes unless an individual is representing a group in which case the Chairperson may authorize a reasonable amount
of time up to 10 minutes.
-
e
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. Please contact Frank Gerlock, Development Review Manager, at 562-4557 to
discuss any questions or concerns about the project and/or to better understand the proposal and review the site plan.
This notice was sent by the Official Records and Legislative Services Department, Cynthia E. Goudeau, CMC, City Clerk
Cyndi Tarapani
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 200 FT. OF
THE SUBJECT PROPERTY.
A COPY OF THIS AD IN LARGE PRINT IS AVAILABLE IN THE OFFICIAL RECORDS AND LEGISLATIVE
SERVICES DEPT. ANY PERSON WITH A DISABILITY REQUIRING REASONABLE ACCOMMODATION IN
ORDER TO PARTICIPATE IN THIS MEETING SHOULD CALL THE OFFICIAL RECORDS AND
LEGISLATIVE SERVICES DEPT WITH THEIR REQUEST AT (727) 562-4090.
Ad: 10/31/04
'I
.
.
Barrett, Earl
From:
Sent:
To:
Cc:
Subject:
Barrett, Earl
Friday, September 03, 2004 9:27 AM
Wells, Wayne
Gerlock, Chip; 'laron@leazon.com'
Le'Azon Technology lease - Old N. Greenwood Library
Wayne -
The following comments are provided in response to application requirements detailed in your letter to Le'Azon Technology
Institute, Inc. dated 9/1/04 regarding Case No. FLD2004-08060, 1250 Palmetto Street:
2. Applicant will have to provide current signed and sealed survey from licensed independent surveyor if required. City
survey crews cannot sign & seal surveys and no funds are budgeted or allowed for in lease.
3. Lease as approved by the Council on 8/16/04 as item 12.8 attached. All City officials have signed except City Clerk,
who will sign and insert commencement and termination date upon approval of subject application
~..~"
;
..........~.~ .
LE'AZON LEASE
0604.doc
4. Parking provisions are detailed in paragraph 20 of the lease. Traffic Engineering has striped two parking spaces on Holt
Avenue for use by Lessee in addition to the 4 spaces in front of the building. The six spaces are sufficient to meet Lessee
parking requirements according to Chip Gerlock. The City continues to seek accommodation with Pinellas County Schools
to extend and be able to assign existing parking agreement. I anticipate that will happen, but as provided in the lease, it is
not guaranteed and Le'azon lease is not dependent on proposed amendments to the existing agreement.
5. Under copy of this message I will provide you a copy of City Owned atlas page 269B locating property.
I have nothing further to provide that responds to any additional requirements stated in your letter.
1
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-
.
Watkins, Sherry
From:
Sent:
To:
Cc:
Subject:
Harris, Philip
Monday, October 25, 2004 10:01 AM
Watkins, Sherry
Smith, Janis
RE: need Neighborhood Assoc
1250 Palmetto
North Greenwood Association, Inc.
Jonathon Wade
908 Pennsylvania Ave.
Clearwater, FL 33755
461-5291
-----Original Message-----
From: Watkins, Sherry
Sent: Monday, October 25,20049:20 AM
To: Harris, Philip
Subject: RE: need Neighborhood Assoc
Importance: High
Phil Thank you so so much but I need one more 1250 Palmetto. I do need this one as quickly as possible if you could
please.
Thanks you
Sherry
-----Original Message-----
From: Harris, Philip
Sent: Friday, October 22, 2004 5:07 PM
To: Watkins, Sherry
Cc: Smith, Janis
Subject: RE: need Neighborhood Assoc
Upon your request............
Phil
2690 Drew Street
Jasmine Courts
Clearwater Housing Authority
908 Cleveland Street
Clearwater, Florida 33755
(727) 461-5777
3158 Gulf to Bay Blvd
Historic Bayview Association
Jack Alvord
606 Bayview Ave.
Clearwater, FL 33759
(727) 797-4210
iackalvord@prodiqY.net <mailto: iackalvord@prodiqY.net>
l,~l
752 Eldorado Avenue
Clearwater Beach Association
David MacNamee
827 Mandalay Ave
Clearwater, FL 33767
~G~~
1
.
.
Wells, Wayne
From:
Sent:
To:
Cc:
Subject:
laron1@leazon.com
Friday, September 10, 2004 5:29 AM
Barrett, Earl
Wells, Wayne; Gerlock, Chip; laron@leazon.com
Re: Le'Azon Technology lease - Old N. Greenwood Library
Thank you, Mr. Barrett for your immediate attention in getting specific
information that Wayne is requesting in completing this lease. I will stay
in contact with Wayne.
Thanks
Laron Barber
Le'Azon Technology Institute Inc.
727.712.9733
Earl.Barrett@myClearwater.com writes:
> Wayne -
>
> The following comments are provided in response to application requirements detailed in
your letter to Le'Azon Technology Institute, Inc. dated 9/1/04 regarding Case No. FLD2004-
08060, 1250 Palmetto Street:
>
> 2. Applicant will have to provide current signed and sealed survey from licensed
independent surveyor if required. City survey crews cannot sign & seal surveys and no
funds are budgeted or allowed for in lease.
>
> 3. Lease as approved by the Council on 8/16/04 as item 12.8 attached. All City officials
have signed except City Clerk, who will sign and insert commencement and termination date
upon approval of subject application
<<LE'AZON LEASE
0604.doc>>
>
>
>
> 4. Parking provisions are detailed in paragraph 20 of the lease. Traffic Engineering
has striped two parking spaces on Holt Avenue for use by Lessee in addition to the 4
spaces in front of the building. The six spaces are sufficient to meet Lessee parking
requirements according to Chip Gerlock. The City continues to seek accommodation with
pinellas County Schools to extend and be able to assign existing parking agreement. I
anticipate that will happen, but as provided in the lease, it is not guaranteed and
Le'azon lease is not dependent on proposed amendments to the existing agreement.
>
> 5. Under copy of this message I will provide you a copy of City Owned atlas page 269B
locating property.
>
> I have nothing further to provide that responds to any additional requirements stated in
your letter.
>
Laron Barber
Pinellas County Property APpr.r Information: 10 29 15 00000 130 O.
Page 2 of5
10 / 29 /
15 / 00000 /
130 / 0500
31-Aug-2004 JiM sMith, CFA Pinellas County Property Appraiser 16:23:34
Ownership InforMation t~ 0 n - Re sid e n t ial Prope rty Add ress, Use, and Sales
C L EARWAT ER, Cny OF OBK: 01240 OPG: 0689
PO BOX 4748
CLEARWATER FL 33758-4748
COMparable sales value as Prop Addr: 1250 PALMETTO ST
of Jan 1, 2003, bas e d on Census Trac t : 262.00
sales frOM 2002 - 2003:
0 Sale Date OR Book/Page Price (Qual/UnQ) Vac / IMp
Plat InforMation 0 /0 0/ 0 0 ( )
0000: Book Pgs - 0 /0 01 0 0 ( )
0000: Book Pgs - 0 /0 0/ 0 0 ( )
0000: Book Pgs - 0 /0 0/ 0 0 ( )
2004 Value EXEtvlP T IONS
Jus t / Marke t: 235,800 HOMestead: tW Ownership % .000
Govt ExeM: YES Use %: .000
Assessed/Cap: 235,800 Institutional ExeM: tW Tax Ex e Mp t %: .000
Historic ExeM: 0
Taxable: 0 Ag r icu I tural : 0
2003 Tax InforMation
District: CW Seawall: Frontage:
Clearwate r View:
03 Mi llage: 23.0851 Land Size Unit Land Land Land
Front x Depth Price Units Meth
03 Taxes: . 00
1) 150 x 110 2.50 16,500.00 S
Special Tax .00 2) 0 x 0 . 00 . 00
3) 0 x 0 .00 .00
without the Save-Our-HoMes 4) 0 x 0 .00 .00
cap, 2003 taxes will be : 5) 0 x 0 .00 .00
.00 6) 0 x 0 .00 .00
Without any exeMptions,
2003 taxes will be :
4,690.89
Short Legal E 109.6 FT OF W 836.17 FT OF N 150 FT OF S 180 FT OF
Description SW 1/4 OF tU 1/4
Building Information
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Pinellas County Property APp.r Information: 10 29 15 00000 130 O.
Page 3 of5
Prop.erty.ancf....land...Use....Code...cfesGriptioDS
10 / 29 / 15 / 00000 / 130 / 0500
:01
31-Aug-2004 JiM SMith, CFA Pinellas County Property Appraiser 16:23:34
COMMercial Card 01 of 1 IMproveMent Type: Offices
Proper ty Address: 1250 PA LHETI0 SI Prop Use: 413 Land Use: 89
Structural Elements
Foundation
Floor SysteM
Exterior Wall
He igr-I t F ac tor
Party Wall
Structural FraMe
Roof FraMe
Roof Cover
Cabinet & Mill
Floor Finish
Interior Finish
Total units
Continuous Footing
Slab on Grade
Conc Block/Stucco
o
Uone
Hasonry Pillar&Steel
Flat
Built Up/Co~position
Average
Carpet Co~bination
Drywall
o
Heating & Air Heating&Cooling Pckg
Fixtures 8
Bath Tile
Electric
Shape Factor
Quality
Year Built
Effective Age
Other Depreciation
Function Depreciation
EconoMic Depreciation
Floor Only
Average
Average
L 986
14
o
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Sub Areas
Description Factor Area Description Factor Area
1) Base A rea 1. 00 3.338 7) .00 0
2) .00 0 8) .00 0
3) .00 0 9) . 00 0
4) .00 0 10) .00 0
5) .00 0 11) .00 0
6) .00 0 12) .00 0
Commercial Extra Features
Description DiMensions Price Units Value RCD Year
1) .00 0 0 0 0
2) .00 0 0 0 0
3) .00 0 0 0 0
4) .00 0 0 0 0
5) .00 0 0 0 0
6) .00 0 0 0 0
TOTAL RECORD VA L U E : 0
Map With Property Address (non-vacant)
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. f>inellas County Property APp.r Information: 1029 15 00000 130 O.
Page 5 of 5
Pinellas County Property Appraiser
Parcel Information
Back loS(;)(lrchPage
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EXHIBIT "B"
SECTION D., WRITTEN SUBMITTAL, REQUIREMENTS
RESPONSES TO SIX (6) GENERAL APPLICABILITY REQUIREMENTS
0.1. The proposed development of land will be in harmony with the scale, bulk,
coverage, density and character of adjacent properties in which it is
located.
, 'I.,
As part of its campus master plan, the HEP is proposing to develop permanent
supportive housing for homeless individuals with disabilities in the form of an 8-
unit residential shelter development on .272 acres located at 1211 N. Betty Lane.
This in conjunction with the existing 8-unit residential shelter at 1215 N. Betty
Lane will constitute a .62 acres overall parcel with 16-shelter. Consequently, the
proposed development will be in harmony with the surrounding developments
and will enhance the visual character and functionality of the immediate
neighborhood. The proposed project will be in harmony with the scale, bulk and
density of adjacent properties.
0.2. The proposed development will not hinder or discourage the appropriate
development and use of adjacent land and buildings or significantly impair
the value thereof.
Adjacent lands are already developed with HEP facilities and other facilities
supporting the surrounding neighborhood. The proposed residential shelter
development will enhance the value of surrounding properties and will not
discourage appropriate development, redevelopment and use of adjacent land
and buildings. Conversely, the proposed development will act as a catalyst to
'V..' promote additional redevelopment of the immediate neighborhood. The
anticipated value of new construction on the property is approximately
$470,000.00.
0.3. The proposed development will not adversely affect the health or safety of
persons residing or working in the neighborhood of the proposed use.
The proposed development will provide much needed housing opportunities for
individuals served by HEP. Conversely, the development will have a positive
impact on the health and safety of individuals residing and working in the
immediate neighborhood and the City of Clearwater.
0.4. The proposed development is designed to minimize traffic congestion.
,v,'
"
Approval of this request will enable HEP to utilize its new driveway as a joint
driveway serving the residential shelter development currently under construction
on lot 16 and the residential shelter development proposed on lot 15 to the south.
This will have a positive impact on traffic by providing a single driveway as
opposed to two (2) separate driveways resulting in fewer traffic conflicts along N.
Betty Lane and less impervious surface. It will also result in a more aesthetically
pleasing and harmonious development thereby, enhancing the neighborhood.
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0.5. The proposed development is consistent with the community character of
the immediate vicinity of the parcel proposed for development.
The character of the North Greenwood area is well established and the HEP
campus which includes this parcel is an integral part of the neighborhood and
surrounding community. The community is generally comprised of single family,
commercial, institutional and recreational uses with a significant level of
pedestrian activity. The proposed residential shelter development is consistent
with the community character and will enhance the immediate vicinity, which is
currently undergoing significant redevelopment. The HEP campus is on the
eastern fringe of the Greenwood Neighborhood redevelopment program.
0.6. The design of the proposed development minimizes adverse effects,
including visual, acoustic and olfactory and hours of operation impacts, on
adjacent properties.
The proposed 8-unit residential shelter development will have no adverse
acoustic or olfactory impacts on the area. As previously noted, the visual
character of the project will have a beneficial impact on the neighborhood by
enhancing the redevelopment potential of the North Greenwood neighborhood.
."_~":_,~ ..I___~:_l:......."'f"\....1 f"Il'1 rl,....ro,
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EXHIBIT "C"
RESPONSES TO TEN COMPREHENSIVE IN FILL
REDEVELOPMENT PROJECT CRITERIA
NOTE:
Each of the following criteria were recently analyzed as part of
HEP's earlier application which involved this parcel.
Notwithstanding, the following responses are provided:
1.
The development or redevelopment of the parcel proposed for
development is otherwise impractical without deviations from the use,
intensity and development standards.
The Applicant not requesting any deviations from current development
standards.
2. The development of the parcel proposed for development as a
comprehensive infill redevelopment project or residential infill project
will not reduce the fair market value of abutting properties (including
existing value of the site and the proposed value of the site with the
improvements).
Both the appearance and fair market value of this and abutting properties will
be enhanced by the development of the 8-unit residential shelter
development. The estimated value of the proposed project is $470,000.00.
The proposed development will further enhance the ongoing redevelopment
efforts currently underway in the North Greenwood neighborhood.
3. The uses within the comprehensive infill redevelopment project are
otherwise permitted in the City of Clearwater.
The proposed residential shelter development is permitted under the current
Future land Use Plan and zoning of the property. Further, the proposed
project is consistent with the recent development approvals of the City of
Clearwater regarding the HEP master plan.
4. The use or mix of use within the comprehensive infill redevelopment
project are compatible with adjacent land uses.
The proposed residential shelter use is consistent with the recently approved
HEP master plan and adjacent uses in the immediate area.
5. Suitable sites for development or redevelopment of the uses or mix of
uses within the comprehensive infill redevelopment project are not
otherwise available in the City of Clearwater.
The proposed residential shelter use is consistent with the recently approved
HEP master plan. HEP's longstanding relationship with the community is
established at this location.
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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.
Property in the immediate vicinity will be upgraded as a result of the new
residential shelter development. It will positively impact the values of nearby
properties and enhance the currently ongoing redevelopment activities in the
neighborhood.
7. The design of the proposed comprehensive infill redevelopment project
creates a form and function that enhances the community character of
the immediate vicinity of the parcel proposed for development and the
City of Clearwater as a whole.
HEP and Everybody's Tabernacle perform a vital social service to the
neighborhood and community at large by providing assistance to, and an
outlet for the area's homeless and less fortunate. The individual parcel,
neighborhood, and City of Clearwater as a whole will benefit from the
proposed infill development.
8. Flexibility in regard to lot width, required setbacks, height and off-street
parking are justified by the benefits to community character and the
immediate vicinity of the parcel proposed for development and the City
of Clearwater as a whole.
As previously noted, this amendment to the master plan does not result in
any deviations from the flexible development standards.
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 the
immediate vicinity of parcel proposed for development.
There will be no on-street parking to accommodate the development.
Parking will be provided on-site.
10. The design of all buildings complies with the Tourist District or
Downtown District design guidelines in Division 5 of Article 3 (as
applicable).
Not Applicable.
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EXHIBIT "B"
SECTION D., WRITTEN SUBMITTAL, REQUIREMENTS
RESPONSES TO SIX (6) GENERAL APPLICABILITY REQUIREMENTS
D.1. The proposed development of land will be harmony with the scale, bulk,
coverage, density and character of adjacent properties in which it is
located.
As part of Le'Azon Technology Institute Inc. (L TI) plan, L TI is proposing to
develop supportive economic development and higher educational opportunities
to individuals who want to increase their economic situation and continued
education. Consequently, the proposed development will be in harmony with the
surrounding development and will enhance the visual character and functionality
of the immediate neighborhood. The proposed project will be in harmony with
the scale, bulk and density of adjacent properties.
D.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.
Adjacent lands are already developed with educational facilities supporting the
surrounding neighborhood. The proposed economic opportunity and educational
facility will enhance the value of surrounding properties and will not discourage
appropriate development, redevelopment and use of adjacent land and buildings.
Conversely, the proposed development and will act as a catalyst to promote
additional redevelopment of the immediate The current value to
the building is ?
D.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 proposed development will provide much needed economic and educational
opportunities for individuals served by L TI. Conversely, the development will
have a positive impact on the health and safety of individuals residing and
working in the immediate neighborhood and the City of Clearwater.
D.4. The proposed development is designed to minimize traffic congestion.
Approval of this request will enable L TI to use the already (2) driveway entry's on
Palmetto 81. and Holt 81. This will have a positive impact on traffic by not
needing to add additional parking space resulting in fewer traffic conflicts along
Palmetto and Holt 81. It will also result in a more aesthetically pleasing and
harmonious development thereby, enhancing the neighborhood.
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0.5. The proposed development is consistent with the community character of
the immediate vicinity of the parcel proposed for development.
The character of the North Greenwood area is well established and L TI economic
and higher educational opportunity development is an integral part of the
neighborhood and surrounding community. The community is generally
comprised of single family, commercial, institutional and recreational uses with a
significant level of pedestrian activity. The proposed economic and educational
development is consistent with the community character and will enhance the
immediate vicinity, which is currently undergoing significant redevelopment. The
L TI development is on the eastern fringe of the Greenwood Neighborhood
redevelopment program.
0.6. The design of the proposed development minimizes adverse effects,
including visual, acoustic and olfactory and hours of operation impacts, on
adjacent properties.
The proposed economic development and educational opportunity facility will
have no adverse acoustic or olfactory impacts on the area. As previously noted,
the visual character of the project will have a beneficial impact on the
neighborhood by enhancing the redevelopment potential of the North Greenwood
neighborhood.
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EXHIBIT liD"
RESPONSES TO TEN COMPREHENSIVE INFILL
REDEVELOPMENT PROJECT CRITERIA
1. The development or redevelopment of the parcel proposed for
development is otherwise impractical without deviations from the use,
intensity and development standards.
The Applicant is not requesting any deviations from current development
standards.
2. The development of the parcel proposed for development as a
comprehensive infill redevelopment project or residential infill project will
not reduce the fair market value of abutting properties (including existing
value of the site and the proposed value of the site with the improvements).
Both the appearance and fair market value of this and abutting properties will be
enhanced by the economic an~ educational o~e~,~~nlttx~~~~~l~e~;~!1t. The
estimated value of the project IS ? 1f~~~~,~J"~Ij;~~j$;,~;;;&:=JJ. The
proposed development will further enhance the ongoing redevelopment efforts
currently underway in the North Greenwood neighborhood.
3. The uses within the comprehensive infill redevelopment project are
otherwise permitted in the City of Clearwater.
The proposed economic and higher educational opportunity development
is permitted under the current Future Land Use Plan and zoning of the property.
4. The use or mix of use within the comprehensive infill redevelopment
project are compatible with adjacent land uses.
The proposed economic and higher educational use is consistent with
the adjacent uses in the immediate area.
5. Suitable sites for development or redevelopment of the uses or mix of uses
within the comprehensive infill redevelopment project are not otherwise
available in the City of Clearwater.
L Tl's standing relationship with the community is established at St. Johns
currently at Missionary Baptist Church located at 1500 Pennsylvania Ave.
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.
Property in the immediate vicinity will be upgraded as a result of the proposed
economic and higher educational opportunity development. It will positivily
impact the values of nearby properties and enhance the currently ongoing
redevelopment activities in the neighborhood.
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-
7. The design of the proposed comprehensive infill redevelopment project
creates a form and function the enhances the community character of the
immediate vicinity of the parcel proposed for development and the City of
Clearwater
L TI performs a vital social service to the neighborhood and community at large
by providing training services the community. The individual facility,
neighborhood, and City of Clearwater as a whole will benefit from the proposed
infill development
8. Flexibility in regard to lot width, required setbacks, heights 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 proposed economic and higher educational opportunity development does
not result in any deviations from the flexible development standards.
?
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 the
immediate vicinity of parcel proposed for development.
There will be no off-street parking to accommodate the development. Parking
will be provided on-site.
10. The design of all buildings complies with the Tourist District of Downtown
District design guidelines in Division 5 of Article 3 (as applicable).
Not Applicable.
.
.
BUSINESS LEASE CONTRACT
THIS LEASE CONTRACT, entered into this _ day of , 2004, between the
CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation, as Lessor, and LE'AZON
TECHNOLOGY INSTITUTE, a Florida not-for-profit corporation, as Lessee.
WIT N E SSE T H:
That the Lessor does lease to the Lessee the following premises consisting of an
approximately 3,338 square foot single-occupant structure on a 16,500 square foot site located in
Pinellas County, Florida, being more specifically described as follows:
A portion of the Southwest ~ of the Northeast ~ of Section 10, Township 29 South,
Range 15 East legally described as being the East 109.6 feet of the West 836.17 feet of
the North 150 feet of the South 180 feet thereof, being addressed as 1250 Palmetto
Street, Clearwater, Florida 33755
Such property shall hereinafter be referred to as the "leased premises" or the "demised
premises" or the "leased property."
1. LEASE TERM.
The term of this lease shall be for 5 year(s); which term will commence on the
, 2004, and shall continue until midnight on the
,2009.
day of
day of
2. RENT.
The Lessee agrees to pay and the Lessor agrees to accept the total sum of One Dollar ($1.00)
as rent during the term of this lease, the receipt of which is hereby acknowledged. In further
consideration of Lessor entering into this lease with Lessee, Lessee covenants with Lessor that
Lessee shall unequivocably, timely and without reservation, comply with and meet or exceed the
Performance Measures ("Measures") appended hereto as EXHIBIT "A". Lessee's failure to timely
comply with any of the Measures during the Lease Term shall be deemed a material default and
subject to provisions of Paragraph 16. DEFAULT; REMEDIES; TERMINATION BY LESSOR.
3. USE OF PREMISES.
The premises are leased to Lessee solely for the following uses and no other use can be made
of the premises during the term without the written consent of the Lessor: The premises will be used
primarily for the purpose of offering technology integration training & development, and related
program activities, to residents of the North Greenwood Neighborhood of Clearwater, and others as
program offerings may reasonably accommodate.
4. UTILITIES.
Water, sewer, electric and all other utilities of any kind shall be billed directly to Lessee and are
or shall be individually metered for the subject premises. All deposits for such utilities shall be the
sole responsibility of Lessee.
.
.
5. MAINTENANCE AND TAXES.
Lessee shall, at its own expense, maintain in good repair and in good and safe condition all
improvements on, about and within the leased premises, including, but without limiting the generality
of the foregoing, all structural improvements, including the roof, doors, plate glass, windows and their
respective hardware, all plumbing, heating, cooling and electrical fixtures, regardless of how the
necessity or desirability of repairs may occur, and whether or not required by wear and tear,
obsolescence, accidents or otherwise. Except as may be otherwise provided for in this lease, Lessor
has no obligations to make repairs on, about or within the leased premises, or to paint, decorate or
redecorate same. Lessee shall be responsible for all real and personal property taxes as may be
assessed against the lease premises during the lease term, and shall promptly pay same when due.
6. OBSERVANCE OF LAWS AND ORDINANCES.
Lessee agrees to observe, comply with and execute promptly at its expense during the term
hereof, all laws, rules, requirements, orders, directives, codes, ordinances and regulations of
governmental authorities and agencies and of insurance carriers which relate to its use or occupancy
of the demised premises, including, but not limited to submitting to the City of Clearwater a
Comprehensive Infill Redevelopment Project application and obtaining approval thereof prior to
occupancy. Lessor shall stripe two vehicle parking spaces within the easterly right-of-way of Holt
Avenue, that together with the four striped vehicle parking spaces fronting the entrance of the lease
premises, are intended to comply with and satisfy the parking requirement of the application. Lessee
may also have the use and benefit of additional designated parking described in paragraph 20
hereof, but such additional parking is not guaranteed nor required by Lessor to assure occupancy of
the premises under terms of this lease.
7. ASSIGNMENT OR SUBLEASE.
Lessee shall not, without first obtaining the written consent of Lessor, assign, mortgage,
pledge, or encumber this lease, in whole or in part, or sublet the premises or any part thereof. Lessor
expressly covenants that such consent to sublet shall not be unreasonably or arbitrarily refused. This
covenant shall be binding on the legal representatives of Lessee, and on every person to whom
Lessee's interest under this lease passes by operation of law, but it shall not apply to an assignment
or subletting to the parent or subsidiary of a corporate lessee or to a transfer of the leasehold interest
occasioned by a consolidation or merger involving such lessee.
If the premises are sublet or occupied by anyone other than Lessee, and Lessee is in default
hereunder, or if this lease is assigned by Lessee, Lessor may collect rent from the assignee,
subtenant, or occupant, and apply the net amount collected to the rent herein reserved. No such
collection shall be deemed a waiver of the covenant herein against assignment and subletting, or the
acceptance of such assignee, subtenant, or occupant as Lessee, or a release of Lessee from further
performance of the covenants herein contained.
8. ALTERATIONS AND IMPROVEMENTS.
The Lessee shall not make any structural alterations or modifications or improvements which
are part of the leased property without the written consent of the Lessor, and any such modifications
or additions to said property shall become the property of the Lessor upon the termination of this
lease or, at Lessor's option, the Lessee shall restore the leased property at Lessee's expense to its
Page 2 of 10
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.
original condition. The restrictions of this paragraph shall not apply to maintenance of the leased
property, but shall apply to any change which changes the architecture or purpose of the property or
which changes any of the interior walls of the improvements or which annexes a fixture to any part of
the leased property which cannot be removed without damage thereto. In the event Lessee desires
to make any alterations or modifications, written notice shall be given to the Lessor. Unless the
Lessor objects to such proposals by notice to Lessee within twenty (20) days after written notice from
Lessee, the proposal shall be deemed approved. Lessee shall have no power or authority to permit
mechanics' or materialmen's liens to be placed upon the leased property in connection with
maintenance, alterations or modifications. Lessee shall, within fifteen (15) days after notice from
Lessor, discharge any mechanic's liens for materials or labor claimed to have been furnished to the
premises on Lessee's behalf. Not later than the last day of the term Lessee shall, at Lessee's
expense, remove all of Lessee's personal property and those improvements made by Lessee which
have not become the property of Lessor, including trade fixtures and the like. All property remaining
on the premises after the last day of the term of this lease shall be conclusively deemed abandoned
and may be removed by Lessor and Lessee shall reimburse Lessor for the cost of such removal.
9. RISK OF LOSS.
All personal property placed or moved in the premises shall be at the risk of the Lessee or
owner thereof. The Lessor shall not be responsible or liable to the Lessee for any loss or damage
that may be occasioned by or through the acts or omissions of persons occupying adjoining premises
or any part of the premises adjacent to or connected with the premises hereby leased or any part of
the building which the leased premises are a part of for any loss or damage resulting to the Lessee or
its property from bursting, stopped up or leaking water, gas, sewer or steam pipes unless the same is
due to the negligence of the Lessor, its agents, servants or employees.
10. RIGHT OF ENTRY.
The Lessor, or any of its agents, shall have the right to enter said premises during all
reasonable hours, to examine the same to make such repairs, additions or alterations as may be
deemed necessary for the safety, comfort, or preservation thereof, should Lessee default in any of its
maintenance responsibilities as heretofore provided, all costs and charges for which Lessor shall
invoice to Lessee for reimbursement within 15 days following receipt, unless such repairs, additions
or alterations are undertaken to comply with revisions to the Clearwater Code or other governmental
requirements instituted subsequent to lease commencement, in which event costs thereof shall be
borne by Lessor. Lessor shall, upon reasonable notice, have right of entry to exhibit said premises
during normal business hours. Right of entry shall likewise exist for the purpose of removing
placards, signs, fixtures, alterations or additions, which do not conform to this agreement.
11. RESTORING PREMISES TO ORIGINAL CONDITION.
Lessee represents that the premises leased are in good, sanitary and tenantable condition for
use by Lessee. Lessee's acceptance or occupancy of the leased premises shall constitute a
recognition of such condition. Lessee hereby accepts the premises in the condition they are in at the
beginning of this lease and agrees to maintain said premises in the same condition, order and repair
as they are at the commencement of said term, and to return the premises to their original condition
at the expiration of the term, excepting only reasonable wear and tear arising from the use thereof
under this agreement. The Lessee agrees to compensate and reimburse said Lessor immediately
upon demand, any damage to water apparatus, or electric lights or any fixture, appliances or
Page 3 of 10
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.
appurtenances of said premises, or of the walls or the building caused by any act or neglect of
Lessee or of any person or persons in the employ or under the control of the Lessee should Lessee
fail for any reason to remedy or repair such damage immediately upon demand.
12. INSURANCE.
Lessee agrees to comply with all terms, provisions and requirements contained in Exhibit "B"
attached hereto and made a part hereof as if said document were fully set forth at length herein.
13. DESTRUCTION OF PREMISES.
In the event that the building should be totally destroyed by fire, earthquake or other natural
cause, to such an extent that it cannot be rebuilt or repaired within sixty (60) days after the date of
such destruction, this lease shall be terminated.
In the event that the building should be partially damaged by fire, earthquake or other natural
cause, but only to such an extent that it can be rebuilt or repaired within sixty (60) days after the date
of such destruction, the lease shall be void or voidable, but not terminated, except as otherwise
provided herein. If the Lessor intends to rebuild or repair the premises, he shall, within fifteen (15)
days after the date of such damage, give written notice to Lessee of the intention to rebuild or repair
and shall proceed with reasonable diligence to restore the building to substantially the same
condition in which it was immediately prior to the destruction. However, Lessor shall not be required
to rebuild, repair or replace any improvements or alterations made by Lessee within the building.
During the period of rebuilding or repairing, there shall be no diminution of rents. If, after rebuilding or
repairing has commenced, such rebuilding or repairing cannot be completed within sixty (60) days
after the date of such partial destruction, the Lessor may either terminate the lease or continue with
the lease with a proportional rent rebate to Lessee. If Lessor undertakes to rebuild or repair, Lessee
shall, at its own expense, restore all work required to be done by such Lessee under this agreement.
14. EMINENT DOMAIN.
If the whole or any part of the premises hereby leased shall be taken by any public authority
under power of eminent domain, then the term of this lease shall cease on the part so taken from the
date title vests pursuant to such taking, and the rent and any additional rent shall be paid up to that
day, and if such portion of the demised premises is so taken as to destroy the usefulness of the
premises for the purpose for which the premises were leased, then from that day the Lessee shall
have the right to either terminate this lease or to continue in possession of the remainder of the same
under the terms herein provided, except that the rent shall be reduced in proportion to the amount of
the premises taken. The parties agree that the Lessee shall not be entitled to any damages by
reason of the taking of this leasehold, or be entitled to any part of the award for such taking, or any
payment in lieu thereof.
15. SUBORDINATION.
This lease and the rights of the Lessee hereunder are hereby made subject and subordinate
to all bona fide mortgages or other instruments of security now or hereafter placed upon the said
premises by the Lessor provided, however, that such mortgages and other instruments of security will
not cover the equipment and furniture or furnishings on the premises owned by the Lessee. The
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Lessee further agrees to execute any instrument of subordination which might be required by
mortgagee of the Lessor.
16. DEFAULT; REMEDIES; TERMINATION BY lESSOR.
(a) The Lessee further covenants that, if default shall be made in the payment of rent, or any
additional rent, when due, or if the Lessee shall violate any of the other covenants of this lease and
fail to correct such default within fifteen (15) days after a written request by the Lessor to do so, then
the Lessor may, at its option, deem this lease terminated, accelerate all rents and future rents called
for hereunder and Lessee shall become a tenant at sufferance, and the Lessor shall be entitled to
obtain possession of the premises as provided by law.
(b) In case the leased property shall be abandoned, as such term is defined by Florida
Statutes, the Lessor, after written notice as provided by Florida Statutes to the Lessee, Lessor may
(i)re-enter the premises as the agent of the Lessee, either by force or otherwise, without being liable
to any prosecution or claim therefor, and may relet the leased property as the agent of the Lessee
and receive the rent therefor and apply the same to the payment of such expenses as Lessor may
have incurred in connection with the recovery of possession, reduction, refurbishing or otherwise
changing or preparing for reletting, including brokerage and reasonable attorneys fees. Thereafter, it
shall be applied to the payment of damages in amounts equal to the rent hereunder and to the cost
and expenses of performance of the other covenants of Lessee as provided herein; or (ii) the Lessor
may, at its option, terminate this lease by giving the Lessee fifteen (15) days written notice of such
intention served upon the Lessee or left upon the leased property, and the term hereof shall
absolutely expire and terminate immediately upon the expiration of said fifteen (15) day period, but
the Lessee shall nevertheless and thereafter be liable to the Lessor for any deficiency between the
rent due hereunder for the balance of the term of this lease and the rent actually received by Lessor
from the leased property for the balance of said term.
(c) The Lessor, at its option, may terminate this lease as for a default upon the occurrence of
any or all of the following events: an assignment by Lessee for the benefit of creditors; or the filing of
a voluntary or involuntary petition by or against Lessee under any law for the purpose of adjudicating
Lessee bankrupt; or for reorganization, dissolution, or arrangement on account of or to prevent
bankruptcy or insolvency; or the appointment of a receiver of the assets of Lessee; or the bankruptcy
of the Lessee. Each of the foregoing events shall constitute a default by Lessee and breach of this
lease.
(d) The Lessor, at its option, may terminatee this lease in the event the City Council
determines at a duly constituted City Council meeting that the lease premises are needed for other
municipal purposes and serves Lessee with sixty (60) days notice of such intended use.
17. MISCEllANEOUS.
(a) The Lessor shall have the unrestricted right of assigning this lease at any time, and in the
event of such assignment, the Lessor shall be relieved of all liabilities hereunder.
(b) This contract shall bind the Lessor and its assigns or successors, and the Lessee and
assigns and successors of the Lessee.
(c) It is understood and agreed between the parties hereto that time is of the essence of this
contract and this applies to all terms and conditions contained herein.
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(d) It is understood and agreed between the parties hereto that written notice sent by certified
or registered mail, or hand delivered to the premises leased hereunder, shall constitute sufficient
notice to the Lessee, and written notice sent by certified or registered mail or hand delivered to the
office of the Lessor shall constitute sufficient notice to the Lessor, to comply with the terms of this
contract.
(e) The rights of the Lessor under the foregoing shall be cumulative, and failure on the part of
the Lessor to exercise promptly any rights given hereunder shall not operate to forfeit any of the said
rights.
(f) It is hereby understood and agreed that Lessee shall use no signs in connection with the
premises hereunder, except as same shall comply with provisions of Article 3, Division 18 of the City
of Clearwater Land Development Regulations, and such signs as Lessee may place inside the
building, which signs shall be subject to the prior approval of the Lessor.
(g) It is understood that no representations or promises shall be binding on the parties hereto
except those representations and promises contained herein or in some future writing signed by the
party making such representations or promises.
(h) It is hereby agreed that if any installment of rent or any other sum due from Lessee is not
received by Lessor within five (5) days after such amount shall be due, Lessee shall pay to Lessor a
late charge equal to five percent (5%) of such overdue amount. The Lessor shall not be required to
accept any rent not paid within five (5) days subsequent of the date when due absent the
simultaneous payment of this late charge. The requirement for a late charge set out herein shall not
be construed to create a curative period or a grace period for the timely payment of rent.
18. SUBROGATION.
The Lessor and Lessee do agree that each will cause its policies of insurance for fire and
extended coverage to be so endorsed as to waive any rights of subrogation which would be
otherwise available to the insurance carriers, by reason of any loss or damage to the leased property
or property of Lessor. Each party shall look first to any insurance in its favor before making any claim
against the other party. Nothing contained herein shall in any way be considered or construed as a
waiver or release by the Lessor of any and all of the other covenants and conditions contained in this
lease to be performed by the Lessee.
19. ESTOPPEL LETTER.
In the event Lessor shall obtain a loan from an institutional lender, and if the following shall be
a requirement of such loan, the Lessee agrees to execute an estoppel letter in favor of the lender
verifying the standing of the lease, the terms thereof, and all amounts paid thereunder and such
other matters as may be reasonably requested.
20. PARKING SPACES.
At such time as Lessor and the School Board of Pinellas County, Florida ("School Board"),
may mutually agree and properly amend that certain parking Agreement dated August 23, 1995 to
which each is a party, Lessee shall have the the use and benefit of those certain parking spaces
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available to Lessor in the parking lot appurtenant on the north to the leased premises, as such
parking is provided and defined in Article 5 of that Agreement. Lessor will make all reasonable effort
to secure the agreement and consent of the School Board as proposed, but shall not be obligated to
Lessee in any way whatsover should such consent not be granted. A copy of the referenced
Agreement between Lessor and the School Board is appended hereto as Exhibit "e".
21. INDEMNIFICATION.
The Lessee shall indemnify the Lessor against all liabilities, expenses and losses incurred by
the Lessor arising out of or related to the leased premises or Lessee's use or occupancy thereof, to
include but not being limited to (a) failure by the Lessee, or its agents, to perform any provision, term,
covenant or agreement required to be performed by the Lessee under this agreement; (b) any
occurrence, injury or personal or property damage which shall happen in or about the leased property
or appurtenances resulting from the condition, maintenance, construction on or of the operation of
the leased property; (c) failure to comply with any requirements of any governmental authority or
insurance company insuring the leased property or its contents; (d) any security agreement,
conditional bill of sale or chattel mortgage or mechanic's lien connected with Lessee, its obligations
or operations, filed against the leased property, fixtures, equipment or personalty therein; and (e) any
construction, work, alterations or improvements by Lessee on the leased property. Such
indemnification shall include reasonable attorney's fees for all proceedings, trials and appeals.
22. "AS IS" CONDITION.
The Lessee accepts the leased premises on an "as is" basis, and Lessor shall have no
obligation to improve or remodel the leased premises.
23. CONSTRUCTIVE EVICTION.
Lessee shall not be entitled to claim a constructive eviction from the premises unless Lessee
shall have first notified Lessor in writing of the condition or conditions giving rise thereto and, if the
complaints be justified, unless Lessor shall have failed within a reasonable time after receipt of such
notice to remedy such conditions.
24. JANITORIAL EXPENSES.
Lessee shall either obtain or perform janitorial services for the leased premises at its expense.
25. SEVERANCE.
The invalidity or unenforceability of any portion of this lease shall in nowise affect the
remaining provisions and portions hereof.
26. CAPTIONS.
The paragraph captions used throughout this lease are for the purpose of reference only and
are not to be considered in the construction of this lease or in the interpretation of the rights or
obligations of the parties hereto.
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27. NO HAZARDOUS MATERIALS.
The Lessee herewith covenants and agrees that no hazardous materials, hazardous waste, or
other hazardous substances will be used, handled, stored or otherwise placed upon the property or,
in the alternative, that such materials, wastes or substances may be located on the property, only
upon the prior written consent of the Lessor hereunder, and only in strict accord and compliance with
any and all applicable state and federal laws and ordinances. In the event such materials are
utilized, handled, stored or otherwise placed upon the property, Lessee expressly herewith agrees to
indemnify and hold Lessor harmless from any and all costs incurred by Lessor or damages as may
be assessed against Lessor in connection with or otherwise relating to said hazardous materials,
wastes or substances at anytime, without regard to the term of this lease. This provision shall
specifically survive the termination hereof.
28. CONFORMANCE WITH LAWS.
Lessee agrees to comply with all applicable federal, state and local laws during the life of this
Contract.
29. ATTORNEY'S FEES.
In the event that either party seeks to enforce this Contract through attorneys at law, then the
parties agree that each party shall bear its own attorney fees and costs.
30. GOVERNING LAW.
The laws of the State of Florida shall govern this Contract, any any action brought by either
party shall lie in Pinellas County, Florida.
IN WITNESS WHEREOF, the parties hereto have executed this Contract as of the date set
forth above.
AS TO LESSEE:
LE'AZON TECHNOLOGY INSTITUTE, INC.
By:
Laron Barber, President
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RE: Le'azon Technology Lease
1250 Palmetto Street
AS TO LESSOR:
Countersigned:
Brian J. Aungst, Mayor
Approved as to form:
Laura Lipowski, Assistant City Attorney
.
CITY OF CLEARWATER, FLORIDA
By:
William B. Horne II, City Manager
Attest:
Cynthia E. Goudeau, City Clerk
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EXHIBIT "B"
II INSURANCE II
Property Insurance: Lessee shall procure and maintain for the life of the Lease, Property Insurance to cover
any loss resulting from destruction or damage to real and personal property. The policy of insurance shall be
an "All Risk" type. The policy shall be written on a 100% replacement value basis and Lessee may elect a
deductible amount up to but not more than $1,000. Lessor shall be included and identified as an Additional
Insured under the policy and on the Certificate of Insurance.
Liabilitv Insurance: Lessee shall procure and maintain for the life of the Lease, General Liability Insurance.
This coverage shall be on an "Occurrence" basis. The policy shall provide coverage for death, bodily injury,
personal injury or property damage that could arise directly or indirectly from the performance and operation of
this Lease. The minimum limits of coverage shall be $500,000 Per Occurrence Combined Single Limit for
Bodily Injury Liability and Property Damage. The Lessor shall be included and identified as an Additional
Insured under the policy and on the Certificate of Insurance.
The insurance coverages and conditions afforded by these policies shall not be suspended, voided, cancelled
or modified except after thirty (30) days prior written notice by certified mail, return receipt requested, has
been given to the City's Risk Management Office.
All insurance policies required within this provision shall provide full coverage from the first dollar of exposure
unless stipulated. No deductibles will be accepted other than as stipulated herein.
Certificates of Insurance Meeting the specific required insurance provisions specified in this Lease shall be
forwarded to the City's Risk Management Office and approved prior to Lease commencement. After review,
the Certificate will be filed as part of the official Lease file.
Radon Gas Notification, as required by Florida Statute 404.056(8) is to be inserted in all contracts for
sale, purchase or rental of real property.
Radon Gas: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in
sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that
exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding
radon and radon testing may be obtained from your county health unit.
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BUSINESS LEASE CONTRACT
THIS LEASE CONTRACT, entered into this _ day of , 2004, between the
CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation, as Lessor, and LE'AZON
TECHNOLOGY INSTITUTE, a Florida not-for-profit corporation, as Lessee.
WIT N E SSE T H:
That the Lessor does lease to the Lessee the following premises consisting of an
approximately 3,338 square foot single-occupant structure on a 16,500 square foot site located in
Pinellas County, Florida, being more specifically described as follows:
A portion of the Southwest ~ of the Northeast ~ of Section 10, Township 29 South,
Range 15 East legally described as being the East 109.6 feet of the West 836.17 feet of
the North 150 feet of the South 180 feet thereof, being addressed as 1250 Palmetto
Street, Clearwater, Florida 33755
Such property shall hereinafter be referred to as the "leased premises" or the "demised
premises" or the "leased property."
1 . LEASE TERM.
The term of this lease shall be for 5 year(s); which term will commence on the
, 2004, and shall continue until midnight on the
,2009.
day of
day of
2. RENT.
The Lessee agrees to pay and the Lessor agrees to accept the total sum of One Dollar ($1.00)
as rent during the term of this lease, the receipt of which is hereby acknowledged. In further
consideration of Lessor entering into this lease with Lessee, Lessee covenants with Lessor that
Lessee shall unequivocably, timely and without reservation, comply with and meet or exceed the
Performance Measures ("Measures") appended hereto as EXHIBIT "A". Lessee's failure to timely
comply with any of the Measures during the Lease Term shall be deemed a material default and
subject to provisions of Paragraph 16. DEFAULT; REMEDIES; TERMINATION BY LESSOR.
3. USE OF PREMISES.
The premises are leased to Lessee solely for the following uses and no other use can be made
of the premises during the term without the written consent of the Lessor: The premises will be used
primarily for the purpose of offering technology integration training & development, and related
program activities, to residents of the North Greenwood Neighborhood of Clearwater, and others as
program offerings may reasonably accommodate.
4. UTILITIES.
Water, sewer, electric and all other utilities of any kind shall be billed directly to Lessee and are
or shall be individually metered for the subject premises. All deposits for such utilities shall be the
sole responsibility of Lessee.
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5. MAINTENANCE AND TAXES.
Lessee shall, at its own expense, maintain in good repair and in good and safe condition all
improvements on, about and within the leased premises, including, but without limiting the generality
of the foregoing, all structural improvements, including the roof, doors, plate glass, windows and their
respective hardware, all plumbing, heating, cooling and electrical fixtures, regardless of how the
necessity or desirability of repairs may occur, and whether or not required by wear and tear,
obsolescence, accidents or otherwise. Except as may be otherwise provided for in this lease, Lessor
has no obligations to make repairs on, about or within the leased premises, or to paint, decorate or
redecorate same. Lessee shall be responsible for all real and personal property taxes as may be
assessed against the lease premises during the lease term, and shall promptly pay same when due.
6. OBSERVANCE OF LAWS AND ORDINANCES.
Lessee agrees to observe, comply with and execute promptly at its expense during the term
hereof, all laws, rules, requirements, orders, directives, codes, ordinances and regulations of
governmental authorities and agencies and of insurance carriers which relate to its use or occupancy
of the demised premises, including, but not limited to submitting to the City of Clearwater a
Comprehensive Infill Redevelopment Project application and obtaining approval thereof prior to
occupancy. Lessor shall stripe two vehicle parking spaces within the easterly right-of-way of Holt
Avenue, that together with the four striped vehicle parking spaces fronting the entrance of the lease
premises, are intended to comply with and satisfy the parking requirement of the application. Lessee
may also have the use and benefit of additional designated parking described in paragraph 20
hereof, but such additional parking is not guaranteed nor required by Lessor to assure occupancy of
the premises under terms of this lease.
7. ASSIGNMENT OR SUBLEASE.
Lessee shall not, without first obtaining the written consent of Lessor, assign, mortgage,
pledge, or encumber this lease, in whole or in part, or sublet the premises or any part thereof. Lessor
expressly covenants that such consent to sublet shall not be unreasonably or arbitrarily refused. This
covenant shall be binding on the legal representatives of Lessee, and on every person to whom
Lessee's interest underthis lease passes by operation of law, but it shall not apply to an assignment
or subletting to the parent or subsidiary of a corporate lessee or to a transfer of the leasehold interest
occasioned by a consolidation or merger involving such lessee.
If the premises are sublet or occupied by anyone other than Lessee, and Lessee is in default
hereunder, or if this lease is assigned by Lessee, Lessor may collect rent from the assignee,
subtenant, or occupant, and apply the net amount collected to the rent herein reserved. No such
collection shall be deemed a waiver of the covenant herein against assignment and subletting, or the
acceptance of such assignee, subtenant, or occupant as Lessee, or a release of Lessee from further
performance of the covenants herein contained.
8. ALTERATIONS AND IMPROVEMENTS.
The Lessee shall not make any structural alterations or modifications or improvements which
are part of the leased property without the written consent of the Lessor, and any such modifications
or additions to said property shall become the property of the Lessor upon the termination of this
lease or, at Lessor's option, the Lessee shall restore the leased property at Lessee's expense to its
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original condition. The restrictions of this paragraph shall not apply to maintenance of the leased
property, but shall apply to any change which changes the architecture or purpose of the property or
which changes any of the interior walls of the improvements or which annexes a fixture to any part of
the leased property which cannot be removed without damage thereto. In the event Lessee desires
to make any alterations or modifications, written notice shall be given to the Lessor. Unless the
Lessor objects to such proposals by notice to Lessee within twenty (20) days after written notice from
Lessee, the proposal shall be deemed approved. Lessee shall have no power or authority to permit
mechanics' or materialmen's liens to be placed upon the leased property in connection with
maintenance, alterations or modifications. Lessee shall, within fifteen (15) days after notice from
Lessor, discharge any mechanic's liens for materials or labor claimed to have been furnished to the
premises on Lessee's behalf. Not later than the last day of the term Lessee shall, at Lessee's
expense, remove all of Lessee's personal property and those improvements made by Lessee which
have not become the property of Lessor, including trade fixtures and the like. All property remaining
on the premises after the last day of the term of this lease shall be conclusively deemed abandoned
and may be removed by Lessor and Lessee shall reimburse Lessor for the cost of such removal.
9. RISK OF LOSS.
All personal property placed or moved in the premises shall be at the risk of the Lessee or
owner thereof. The Lessor shall not be responsible or liable to the Lessee for any loss or damage
that may be occasioned by or through the acts or omissions of persons occupying adjoining premises
or any part of the premises adjacent to or connected with the premises hereby leased or any part of
the building which the leased premises are a part of for any loss or damage resulting to the Lessee or
its property from bursting, stopped up or leaking water, gas, sewer or steam pipes unless the same is
due to the negligence of the Lessor, its agents, servants or employees.
10. RIGHT OF ENTRY.
The Lessor, or any of its agents, shall have the right to enter said premises during all
reasonable hours, to examine the same to make such repairs, additions or alterations as may be
deemed necessary for the safety, comfort, or preservation thereof, should Lessee default in any of its
maintenance responsibilities as heretofore provided, all costs and charges for which Lessor shall
invoice to Lessee for reimbursement within 15 days following receipt, unless such repairs, additions
or alterations are undertaken to comply with revisions to the Clearwater Code or other governmental
requirements instituted subsequent to lease commencement, in which event costs thereof shall be
borne by Lessor. Lessor shall, upon reasonable notice, have right of entry to exhibit said premises
during normal business hours. Right of entry shall likewise exist for the purpose of removing
placards, signs, fixtures, alterations or additions, which do not conform to this agreement.
11. RESTORING PREMISES TO ORIGINAL CONDITION.
Lessee represents that the premises leased are in good, sanitary and tenantable condition for
use by Lessee. Lessee's acceptance or occupancy of the leased premises shall constitute a
recognition of such condition. Lessee hereby accepts the premises in the condition they are in at the
beginning of this lease and agrees to maintain said premises in the same condition, order and repair
as they are at the commencement of said term, and to return the premises to their original condition
at the expiration of the term, excepting only reasonable wear and tear arising from the use thereof
under this agreement. The Lessee agrees to compensate and reimburse said Lessor immediately
upon demand, any damage to water apparatus, or electric lights or any fixture, appliances or
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appurtenances of said premises, or of the walls or the building caused by any act or neglect of
Lessee or of any person or persons in the employ or under the control of the Lessee should Lessee
fail for any reason to remedy or repair such damage immediately upon demand.
12. INSURANCE.
Lessee agrees to comply with all terms, provisions and requirements contained in Exhibit "B"
attached hereto and made a part hereof as if said document were fully set forth at length herein.
13. DESTRUCTION OF PREMISES.
In the event that the building should be totally destroyed by fire, earthquake or other natural
cause, to such an extent that it cannot be rebuilt or repaired within sixty (60) days after the date of
such destruction, this lease shall be terminated.
In the event that the building should be partially damaged by fire, earthquake or other natural
cause, but only to such an extent that it can be rebuilt or repaired within sixty (60) days after the date
of such destruction, the lease shall be void or voidable, but not terminated, except as otherwise
provided herein. If the Lessor intends to rebuild or repair the premises, he shall, within fifteen (15)
days after the date of such damage, give written notice to Lessee of the intention to rebuild or repair
and shall proceed with reasonable diligence to restore the building to substantially the same
condition in which it was immediately prior to the destruction. However, Lessor shall not be required
to rebuild, repair or replace any improvements or alterations made by Lessee within the building.
During the period of rebuilding or repairing, there shall be no diminution of rents. If, after rebuilding or
repairing has commenced, such rebuilding or repairing cannot be completed within sixty (60) days
after the date of such partial destruction, the Lessor may either terminate the lease or continue with
the lease with a proportional rent rebate to Lessee. If Lessor undertakes to rebuild or repair, Lessee
shall, at its own expense, restore all work required to be done by such Lessee under this agreement.
14. EMINENT DOMAIN.
If the whole or any part of the premises hereby leased shall be taken by any public authority
under power of eminent domain, then the term of this lease shall cease on the part so taken from the
date title vests pursuant to such taking, and the rent and any additional rent shall be paid up to that
day, and if such portion of the demised premises is so taken as to destroy the usefulness of the
premises for the purpose for which the premises were leased, then from that day the Lessee shall
have the right to either terminate this lease or to continue in possession of the remainder of the same
under the terms herein provided, except that the rent shall be reduced in proportion to the amount of
the premises taken. The parties agree that the Lessee shall not be entitled to any damages by
reason of the taking of this leasehold, or be entitled to any part of the award for such taking, or any
payment in lieu thereof.
15. SUBORDINATION.
This lease and the rights of the Lessee hereunder are hereby made subject and subordinate
to all bona fide mortgages or other instruments of security now or hereafter placed upon the said
premises by the Lessor provided, however, that such mortgages and other instruments of security will
. not cover the equipment and furniture or furnishings on the premises owned by the Lessee. The
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Lessee further agrees to execute any instrument of subordination which might be required by
mortgagee of the Lessor.
16. DEFAULT; REMEDIES; TERMINATION BY lESSOR.
(a) The Lessee further covenants that, if default shall be made in the payment of rent, or any
additional rent, when due, or if the Lessee shall violate any of the other covenants of this lease and
fail to correct such default within fifteen (15) days after a written request by the Lessor to do so, then
the Lessor may, at its option, deem this lease terminated, accelerate all rents and future rents called
for hereunder and Lessee shall become a tenant at sufferance, and the Lessor shall be entitled to
obtain possession of the premises as provided by law.
(b) In case the leased property shall be abandoned, as such term is defined by Florida
Statutes, the Lessor, after written notice as provided by Florida Statutes to the Lessee, Lessor may
(i)re-enter the premises as the agent of the Lessee, either by force or otherwise, without being liable
to any prosecution or claim therefor, and may relet the leased property as the agent of the Lessee
and receive the rent therefor and apply the same to the payment of such expenses as Lessor may
have incurred in connection with the recovery of possession, reduction, refurbishing or otherwise
changing or preparing for reletting, including brokerage and reasonable attorneys fees. Thereafter, it
shall be applied to the payment of damages in amounts equal to the rent hereunder and to the cost
and expenses of performance of the other covenants of Lessee as provided herein; or (ii) the Lessor
may, at its option, terminate this lease by giving the Lessee fifteen (15) days written notice of such
intention served upon the Lessee or left upon the leased property, and the term hereof shall
absolutely expire and terminate immediately upon the expiration of said fifteen (15) day period, but
the Lessee shall nevertheless and thereafter be liable to the Lessor for any deficiency between the
rent due hereunder for the balance of the term of this lease and the rent actually received by Lessor
from the leased property for the balance of said term.
(c) The Lessor, at its option, may terminate this lease as for a default upon the occurrence of
any or all of the following events: an assignment by Lessee for the benefit of creditors; or the filing of
a voluntary or involuntary petition by or against Lessee under any law for the purpose of adjudicating
Lessee bankrupt; or for reorganization, dissolution, or arrangement on account of or to prevent
bankruptcy or insolvency; or the appointment of a receiver of the assets of Lessee; or the bankruptcy
of the Lessee. Each of the foregoing events shall constitute a default by Lessee and breach of this
lease.
(d) The Lessor, at its option, may terminatee this lease in the event the City Council
determines at a duly constituted City Council meeting that the lease premises are needed for other
municipal purposes and serves Lessee with sixty (60) days notice of such intended use.
17. MISCEllANEOUS.
(a) The Lessor shall have the unrestricted right of assigning this lease at any time, and in the
event of such assignment, the Lessor shall be relieved of all liabilities hereunder.
(b) This contract shall bind the Lessor and its assigns or successors, and the Lessee and
assigns and successors of the Lessee.
(c) It is understood and agreed between the parties hereto that time is of the essence of this
contract and this applies to all terms and conditions contained herein.
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(d) It is understood and agreed between the parties hereto that written notice sent by certified
or registered mail, or hand delivered to the premises leased hereunder, shall constitute sufficient
notice to the Lessee, and written notice sent by certified or registered mail or hand delivered to the
office of the Lessor shall constitute sufficient notice to the Lessor, to comply with the terms of this
contract.
(e) The rights of the Lessor under the foregoing shall be cumulative, and failure on the part of
the Lessor to exercise promptly any rights given hereunder shall not operate to forfeit any of the said
rights.
(f) It is hereby understood and agreed that Lessee shall use no signs in connection with the
premises hereunder, except as same shall comply with provisions of Article 3, Division 18 of the City
of Clearwater Land Development Regulations, and such signs as Lessee may place inside the
building, which signs shall be subject to the prior approval of the Lessor.
(g) It is understood that no representations or promises shall be binding on the parties hereto
except those representations and promises contained herein or in some future writing signed by the
party making such representations or promises.
(h) It is hereby agreed that if any installment of rent or any other sum due from Lessee is not
received by Lessor within five (5) days after such amount shall be due, Lessee shall pay to Lessor a
late charge equal to five percent (5%) of such overdue amount. The Lessor shall not be required to
accept any rent not paid within five (5) days subsequent of the date when due absent the
simultaneous payment of this late charge. The requirement for a late charge set out herein shall not
be construed to create a curative period or a grace period for the timely payment of rent.
18. SUBROGATION.
The Lessor and Lessee do agree that each will cause its policies of insurance for fire and
extended coverage to be so endorsed as to waive any rights of subrogation which would be
otherwise available to the insurance carriers, by reason of any loss or damage to the leased property
or property of Lessor. Each party shall look first to any insurance in its favor before making any claim
against the other party. Nothing contained herein shall in any way be considered or construed as a
waiver or release by the Lessor of any and all of the other covenants and conditions contained in this
lease to be performed by the Lessee.
19. ESTOPPEL LETTER.
I n the event Lessor shall obtain a loan from an institutional lender, and if the following shall be
a requirement of such loan, the Lessee agrees to execute an estoppel letter in favor of the lender
verifying the standing of the lease, the terms thereof, and all amounts paid thereunder and such
other matters as may be reasonably requested.
20. PARKING SPACES.
At such time as Lessor and the School Board of Pinellas County, Florida ("School Board"),
may mutually agree and properly amend that certain parking Agreement dated August 23, 1995 to
which each is a party, Lessee shall have the the use and benefit of those certain parking spaces
Page 6 of 10
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available to Lessor in the parking lot appurtenant on the north to the leased premises, as such
parking is provided and defined in Article 5 of that Agreement. Lessor will make all reasonable effort
to secure the agreement and consent of the School Board as proposed, but shall not be obligated to
Lessee in any way whatsover should such consent not be granted. A copy of the referenced
Agreement between Lessor and the School Board is appended hereto as Exhibit "C".
21. INDEMNIFICATION.
The Lessee shall indemnify the Lessor against all liabilities, expenses and losses incurred by
the Lessor arising out of or related to the leased premises or Lessee's use or occupancy thereof, to
include but not being limited to (a) failure by the Lessee, or its agents, to perform any provision, term,
covenant or agreement required to be performed by the Lessee under this agreement; (b) any
occurrence, injury or personal or property damage which shall happen in or about the leased property
or appurtenances resulting from the condition, maintenance, construction on or of the operation of
the leased property; (c) failure to comply with any requirements of any governmental authority or
insurance company insuring the leased property or its contents; (d) any security agreement,
conditional bill of sale or chattel mortgage or mechanic's lien connected with Lessee, its obligations
or operations, filed against the leased property, fixtures, equipment or personalty therein; and (e) any
construction, work, alterations or improvements by Lessee on the leased property. Such
indemnification shall include reasonable attorney's fees for all proceedings, trials and appeals.
22. "AS IS" CONDITION.
The Lessee accepts the leased premises on an "as is" basis, and Lessor shall have no
obligation to improve or remodel the leased premises.
23. CONSTRUCTIVE EVICTION.
Lessee shall not be entitled to claim a constructive eviction from the premises unless Lessee
shall have first notified Lessor in writing of the condition or conditions giving rise thereto and, if the
complaints be justified, unless Lessor shall have failed within a reasonable time after receipt of such
notice to remedy such conditions.
24. JANITORIAL EXPENSES.
Lessee shall either obtain or perform janitorial services for the leased premises at its expense.
25. SEVERANCE.
The invalidity or unenforceability of any portion of this lease shall in nowise affect the
remaining provisions and portions hereof.
26. CAPTIONS.
The paragraph captions used throughout this lease are for the purpose of reference only and
are not to be considered in the construction of this lease or in the interpretation of the rights or
obligations of the parties hereto.
Page 7 of 10
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27. NO HAZARDOUS MATERIALS.
The Lessee herewith covenants and agrees that no hazardous materials, hazardous waste, or
other hazardous substances will be used, handled, stored or otherwise placed upon the property or,
in the alternative, that such materials, wastes or substances may be located on the property, only
upon the prior written consent of the Lessor hereunder, and only in strict accord and compliance with
any and all applicable state and federal laws and ordinances. In the event such materials are
utilized, handled, stored or otherwise placed upon the property, Lessee expressly herewith agrees to
indemnify and hold Lessor harmless from any and all costs incurred by Lessor or damages as may
be assessed against Lessor in connection with or otherwise relating to said hazardous materials,
wastes or substances at anytime, without regard to the term of this lease. This provision shall
specifically survive the termination hereof.
28. CONFORMANCE WITH LAWS.
Lessee agrees to comply with all applicable federal, state and local laws during the life of this
Contract.
29. ATTORNEY'S FEES.
In the event that either party seeks to enforce this Contract through attorneys at law, then the
parties agree that each party shall bear its own attorney fees and costs.
30. GOVERNING LAW.
The laws of the State of Florida shall govern this Contract, any any action brought by either
party shall lie in Pinellas County, Florida.
IN WITNESS WHEREOF, the parties hereto have executed this Contract as of the date set
forth above.
AS TO LESSEE:
LE' AZON TECHNOLOGY INSTITUTE, INC.
By:
Laron Barber, President
Page 8 of 10
RE: Le'azon Technology Lease
1250 Palmetto Street
AS TO LESSOR:
Countersigned:
e
Brian J. Aungst, Mayor
Approved as to form:
Laura Lipowski, Assistant City Attorney
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CITY OF CLEARWATER, FLORIDA
By:
William B. Horne II, City Manager
Attest:
Cynthia E. Goudeau, City Clerk
Page 9 of 10
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EXHIBIT "B"
II INSURANCE II
Property Insurance: Lessee shall procure and maintain for the life of the Lease, Property Insurance to cover
any loss resulting from destruction or damage to real and personal property. The policy of insurance shall be
an "All Risk" type. The policy shall be written on a 100% replacement value basis and Lessee may elect a
deductible amount up to but not more than $1,000. Lessor shall be included and identified as an Additional
Insured under the policy and on the Certificate of Insurance.
Liabilitv Insurance: Lessee shall procure and maintain for the life of the Lease, General Liability Insurance.
This coverage shall be on an "Occurrence" basis. The policy shall provide coverage for death, bodily injury,
personal injury or property damage that could arise directly or indirectly from the performance and operation of
this Lease. The minimum limits of coverage shall be $500,000 Per Occurrence Combined Single Limit for
Bodily Injury Liability and Property Damage. The Lessor shall be included and identified as an Additional
Insured under the policy and on the Certificate of Insurance.
The insurance coverages and conditions afforded by these policies shall not be suspended, voided, cancelled
or modified except after thirty (30) days prior written notice by certified mail, return receipt requested, has
been given to the City's Risk Management Office.
All insurance policies required within this provision shall provide full coverage from the first dollar of exposure
unless stipulated. No deductibles will be accepted other than as stipulated herein.
Certificates of Insurance Meeting the specific required insurance provisions specified in this Lease shall be
forwarded to the City's Risk Management Office and approved prior to Lease commencement. After review,
the Certificate will be filed as part of the official Lease file.
Radon Gas Notification, as required by Florida Statute 404.056(8) is to be inserted in all contracts for
sale, purchase or rental of real property.
Radon Gas: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in
sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that
exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding
radon and radon testing may be obtained from your county health unit.
Page 1 0 of 10
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LE'AZON
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TECHNOLOGY INSTITUTE
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Virtual Digital Technology
P.O. Box 4097 Clearwater, F133758-4097 Phone 727.712.9733 Fax 727.712.97ra-'1---) rc: ((-0
Website; www.leazon.com E-mai.;.aron@.eazon.comlf I I u::; l~/
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UUI FEB 052004
February 4, 2004 L__-
OEVELO,i, ,
GilV l.",(~ t,
Mr. Ralph Stone, Assistant City Manager
112 South Osceola Ave.
Clearwater, FL. 33756
RE: The Old North Greenwood Library 1250 Palmetto Street - Prerequisite Lease
Requirements
Dear Mr. Stone:
Thank you for your January 28, 2004, letter regarding the application of Le'Azon
Technology Institute Inc. for the use of the old North Greenwood Library at 1250
Palmetto Street.
We are in the process of putting together all of the information that you requested for
continued consideration of Le'Azon Technology Institute Inc. leaSing the building. We
anticipate having the information requested in your letter completed and submitted to
you by early March 5, 2004.
We would like to take this moment to say that it has been a pleasure working and
speaking with everyone involved from the City of Clearwater in putting this request
together. We will continue to stay in contact with Mr. Gerlock and Mr. Barrett as
questions arise. .'
SC(~~~
~~ :arber
President
cc: William B. Horne, II, City Manager
Pam Akin, City Attorney
Margie Simmons, Finance Operations Director
Frank Gerlock, Planning Manager
Earl Barrett, Real Estate Services Manager
Charlie Wilburn, Director of Fundraising
Robert Wiley, Director of Community Program
Lena Young Green, President, CCBDO
Minister. William F. Sherman, President, UPCMA
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Page 1 of 1
Gerlock, Chip
From: Tarapani, Cyndi
Sent: Monday, January 12, 200412:45 PM
To: Gerlock, Frank
Cc: Fierce, Lisa
Subject: FW: Leron Barber--LeAzon Technology Institute
I didn't get a chance to talk to you about this before Bill sent this. Apparently, Mr. Barber has been
discussing his proposal with Arden. The proposal is to change the use from the old City North Greenwood
Library to a nonprofit computer school for kids and adults. ARden told him it would be a change of use
and a Camp Infill. Please help Mr. Barber through the site plan review process-we will charge the fee and
require all completeness items. Perhaps Earl can help with a survey-since it is city property-maybe they have
one on file for Mr. Barber to use.
Keep me posted-especially if any problems. The Cty is not going to enter into the lease until and unless all
zoning issues are resolved. Thanks.
Cyndi T arapani
Planning Director
(727)562-4547
cyndi.tarapani@MyOearwater.com
-----Original Message-----
From: Horne, William
Sent: Monday, January 12, 2004 11:55 AM
To: Barrett, Earl; Gerlock, Frank
Cc: Szabo, John; Tarapani, Cyndi; Brumback, Garry
Subject: Leron Barber--LeAzon Technology Institute
Earl/Chip,
Based on Earl's research of the Old North Greenwood Library parcel, Mr Barber needs to
discuss his lease proposal with both of you for different reasons. I'll refer him to both of you
so he can determine if he is prepared to do what is required to lease the property from the
city. The Commission does support a five year lease under various conditions depending on
the Commissioner. The lease rate will be more than one dollar, but it could be less than
market rate under certain conditions. I will ask Mr Barber to call me back to me after he
discusses his plans with each of you. Thanks.
Bill Home
1/16/2004
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COMMUNITY DEVELOPMENT CODE
8. Setbacks:
a. The reduction in front setback re-
sults in an improved site plan or
improved design and appearance;
b. The reduction in side and rear set-
back does not prevent access to the
rear of any building by emergency
vehicles:
c. The reduction in side and rear set-
back results in an improved site plan,
more efficient parking or improved
design and appearance;
d. The reduction in side and rear set-
back does not reduce the amount of
landscaped area otherwise required;
9. Off-street parking: The physical character-
istics of a proposed building are such that
the likely uses of the property will require
fewer parking spaces per floor area than
otherwise required or that the use of
significant portions of the building for
storage or other non-parking demand-
generating purposes.
(Ord. No. 6417-99, ~ 4, 8-19-99; Ord. No. 6526-00,
~ 1, 6-15-00)
DMSION 11. RESERVED*
Sections 2-1101-2-1104. Reserved.
DMSION 12. INSTITUTIONAL DISTRICT
("I")
Section 2-1201. Intent and purpose.
The intent and purpose of the Institutional "I"
Distric~ is to establish areas where public and
*Editor's note-Ord. No. 6526-00, ~ 1, adopted June 15,
2000, repealed Div. 11, ~~ 2-1101-2-1104, which pertained to
Mixed Use District ("MU"). See the Table of Amendments.
private organizations can establish and operate
institutions with a public interest in support of
the quality of life of the citizens of the City of
Clearwater without adversely impacting the in-
tegrity of adjacent residential neighborhoods, di-
minishing the scenic quality of the City of
Clearwater or negatively impacting the safe and
efficient movement of people and things within
the City of Clearwater.
Section 2-1201.1. Maximum development po-
tential.
The Institutional District ("I") may be located
in more than one land use category. It is the
intent of the I District that development be con-
sistent with the Countywide Future Land Use
Plan as required by state law. The development
potential of a parcel of land within the I District
shall be determined by the standards found in
this Development Code as well as the Countywide
Future Land Use Designation of the property.
Development potential for the Countywide Fu-
ture Land Use Designations that apply to the I
District are as follows:
Countywide Future Maximum Dwelling Maximum Floor
Land Use Units per Acre Area Ratio IImper-
Designation of Land vious Surface Ratio
Institutional 12.5 dwelling FAR .65/ISR .85
units per acre
Transportation! n!a FAR .70/ISR .90
Utility
(Ord. No. 6526-00, ~ 1, 6-15-00)
Section 2-1202. Minimum standard develop-
ment.
The following uses are Level One permitted
uses in the Institutional "I" District subject to the
minimum standards set out in this Section and
other applicable provisions of Article 3.
Table 2-1202. "]" District Minimum Development Standards
Min. Lot Area Min. Lot Max. Height Min. Off-Street
Use (sq. ft.) Width (ft.) Min. Setbacks (ft.) (ft.) Parking
Front Side Rear
Assisted Living Facilities 20,000 100 25 10 20 50 1 per 1000, SF
GFA
Cemeteries 20,000 100 25 10 20 50 n1a
Supp. No.6
CD2:98
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ZONING DISTRICTS
~ 2-1203
Table 2-1202. "/" District Minimum Development Standards
Min. Lot Area Min. Lot Max. Height Min. Off-Street
Use (sq. ft.) Width (ft.) Min. Setbacks (ft.) (ft.) Parking
Front Side Rear
Congregate Care 20,000 100 25 10 20 50 1 per 1000, SF
GFA
Educational Facilities 40,000 200 25 10 20 50 1 per 2 stu-
dents
Governmental Uses . 20,000 100 25 10 20 50 4 per 1,000 SF
GFA
Hospitals 5 acres 250 25 25 25 50 2/bed
Nursing Homes 20,000 100 25 10 20 50 1 per 1000, SF
GFA
Places of Worship 20,000 100 25 10 20 50 1 per 2 seats
1 per 20,000 SF
land area or as
determined by
the community
Parks and Recreation Facilities nla nla 25 10 20 50 development
coordinator
based on ITE
Manual stan-
dards
Schools 40,000 200 25 10 20 50 1 per 3 stu-
dents
(Ord. No. 6526-00, ~ 1, 6-15-00; Ord. No. 6928-02, ~ 28, 5-2-02)
Section 2-1203" FleDDle standard develop-
ment.
The following uses are Level One pennitted
uses in the Institutional District subject to the
standards and criteria set out in this section and
other applicable provisions of Article 3.
Table 2-1203. "r District Flexible Standard Development Standards
Min. Lot Area Min. Lot Max. Height Min. Off-Street
Use (sq. ft.) Width (ft.) Min. Setbacks (ft.) (ft.) Parking
Front Side Rear
Accessory Dwellings nla nla nla nla nla nla lIunit
Airport nla nla nla nla nla nla nla
Educational Facilities 40,000 200 15-25 10 15-20 50 .5-1 per 2 stu-
dents
Halfway Houses 10,000 100 15-25 10 15-20 30 1 per 2 resi-
dents
Hospitals 1-5 acres 100-250 15-25 10-25 15-25 50 1-2/bed
Medical Clinic 20,000 100 15-25 10 20 30 5/1000 SF
Supp. No.6
CD2:99
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~ 2-1203 COMMUNITY DEVELOPMENT CODE
Table 2-1203. "r District Flexible Standard Development Standards
Min. Lot Area Min. Lot Max. Height Min. Off-Street
Use (sq. ft.) Width. (ft.) Min. Setbacks (ft.) (ft.) Parking
Front Side Rear
1-10/1,000 SF
Land Area or
as determined
by the commu-
Outdoor RecreationlEntertainment 40,000 200 15-25 10 15-20 50 nity develop-
ment coordina-
tor based on
ITE Manual
standards
Parking Garages and Lots 20,000 100 15-25 10 15-20 50 nla
Places of Worship 20,000 100 15-25 10 15-20 50 .5-1 per 2
seats
Public Transportation Facilities nla nla nJa nJa nla 10 nla
Residential Shelters 10,000 100 15-25 10 15-20 30 1 per 2 resi-
dents
Retail Sales and Service 10,000 100 15-25 10 15-20 50 5 per 1,000 SF
GFA
UtilitylInfrastructure Facilities(1) nla nla 15-25 10 15-20 nla nJa
Assisted Living Facilities 15,000-20,000 100 25 5 10 30-50 1 per 2 resi-
dents
Nursing Homes 15,000 100-150 25 5 15 30-40 1/1,000 sq. ft.
Social and Community Center 20,000 100 15-25 10 15-20 30-40 4-5 per 1,000
GFA
Congregate Care 20,000 100 25 5 10 30-50 1 per 2 resi-
dents
(1) Utility/infrastructure uses shall not exceed 3 acres. Any such use, alone or when added to
contiguous like uses which exceed 3 acres shall require a land use plan map amendment to
TransportationlUtility which shall include such uses and all contiguous like uses.
Flexibility criteria:
A. Accessory dwellings. One accessory dwell-
ing, which is subordinate and accessory to a
principal permitted use provided that:
1. Title to the accessory dwelling is vested in
the ownership of the principal use;
2. The floor area of the accessory dwelling
does not exceed 25 percent of the floor
area of the principal use.
B. Airport. All development activity identified
in the 1999 Airport Master Plan study as short-
term development projects shall be processed as
Flexible Standard Development Projects, and all
mid-term development projects shall be processed
Supp. No. 6
CD2: 100
as Flexible Development Projects. All develop-
ment projects at the city's Airpark must be con-
sistent with the 1999 Master Plan.
re. Educational facilities.
"-.v ~
r:--Off-street parking: The physical character-
istics of a proposed building are such that
the likely uses of the property will require
fewer parking spaces per floor area than
otherwise required or that the use of
significant portions of the building will be
used for storage or other non-parking
demand-generating purposes.
2. Front setback: The reduction in front set-
back results in an improved site plan or
improved design and appearance.
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ZONING DISTRICTS
3. Rear setback: The rear setback is neces-
sary to preserve protected trees andlor
results in an improved site plan or more
efficient design and landscaping is in ex-
cess of the minimum required.
D. Halfway houses.
1. The halfway house is not located within
1,000 feet of another halfway house.
2. Front setback: The reduction in front set-
back results in an improved site plan or
improved design and appearance.
3. Rear setback: The reduction in rear set-
back is necessary to preserve protected
trees andlor results in an improved site
plan or more efficient design and appear-
ance and results in landscaping in excess
of the minimum required.
E. Hospitals.
1. Latarea and width: Reduction results in
improved site design and does not result
in a building incompatible with surround-
ing area;
2. The parcel proposed for development is
not contiguous to a parcel ofland which is
designated as residential in the Zoning
Atlas;
3. The use of the parcel proposed for devel-
opment will not involve direct access to a
major arterial street;
4. Off-street parking: The physical character-
istics of a proposed building are such that
the likely uses of the property will require
fewer parking spaces per floor area than
otherwise required or that the use of
significant portions of the building for
storage or other non-parking demand-
generating purposes.
5. Front setback: The reduction in front set-
back results in an improved site plan or
improved design and appearance.
6. Side and rear setback: The reduction in
side andlor rear setback is necessary to
preserve protected trees and/or results in
an improved site plan or more efficient
Supp. No.6
CD2:101
~ 2-1203
design and appearance and results in
landscaping in excess of the minimum
required.
7. Off-street parking: The physical character-
istics of a proposed building are such that
the likely uses of the property will require
fewer parking spaces per .floor area than
otherwise required or that the use of
significant portions of the building will be
used for storage or other non-parking
demand-generating purposes.
F. Medical clinic.
1. The use of the parcel proposed for devel-
opment is compatible with the surround-
ing area.
2. Front setback: The reduction in front set-
back results in an improved site plan or
improved design and appearance.
3. Side and/or rear setback: The reduction
in side andlor rear setback is necessary to
preserve protected trees andlor results in
an improved site plan or more efficient
design and appearance and results in
landscaping in excess of the minimum
required.
4. All waste disposal containers which serve
the proposed use are located within a
landscaped enclosed structure.
G. 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 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;
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~ 2-1203
e
,COMMUNITY DEVELOPMENT CODE
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. Off-street parking: The operational char-
acter of the outdoor recreation/entertain-
ment use and the location of the parcel
proposed for '.levelopment is such that the
likely use of the property will require
fewer parking spaces per land area than
otherwise required or that significant por-
tions of the land will be used for passive or
other non-parking demand-generating pur-
poses.
6. Front setback: The reduction in front set-
back results in an improved site plan or
improved design and appearance.
H. Parking garages and lots.
1. The parcel proposed for development is
not contiguous to land designated as res-
idential on the Zoning Atlas;
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 sp;1ces available for cars
waiting to pass through a parking ticket
dispenser 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 de-
signed and improved to be similar in
character and use to other uses and struc-
tures fronting on aach street for a dis-
tance 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 with the design and character of
adjacent principal uses.
6. Front setback: The reduction in front set-
back results in an improved site plan or
Supp. No.6
CD2:102
improved design and appearance and land-
scaping in excess of the required mini-
mum.
7. Rear setback: The reduction in rear set-
back is necessary to preserve protected
trees and/or results in an improved site
plan or more efficient design and appear-
ance and landscaping in excess of the
minimum required.
1. Places of worship.
1. Off-street parking: The physical character-
istics of a proposed building are such that
the likely uses of the property will require
fewer parking spaces than otherwise re-
quired or that the use of significant por-
tions of the building will be used for
storage or other non-parking demand-
generating purposes.
2. Front setback: The reduction in front set-
back results in an improved site plan or
improved design and appearance and land-
scaping is in excess of the minimum re-
quired.
3. Rear setback: The reduction in rear set-
back is necessary to preserve protected
trees and/or results in an improved site
plan or more efficient design and appear-
ance and landscaping is in excess of the
minimum required.
J. 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. Any 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.
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ZONING DISTRICTS
~ 2-1203
K. Residential shelters.
1. The parcel proposed for development does
not abut a manufacturing, wholesale sales
and service use, office or retail sales and
service use;
2. The parcel proposed for development is
located within 600 feet of a transit line;
3. The parcel proposed for development is
not located within 1,500 feet of another
residential shelter;
4. All outdoor lighting is designed and lo-
cated so that light fixtures do not cast
light directly on to adjacent land use for
residential purposes;
5. The residential shelter does not involve
outdoor eating or sleeping facilities.
6. Front setback: The reduction in front set-
back results in an improved site plan or
improved design and appearance and land-
scaping exceeds the minimum required.
7. Rear setback: The reduction in rear set-
back is necessary to preserve protected
trees and/or results in an improved site
plan or more efficient design and appear-
ance and landscaping exceeds the mini-
mum required.
L. Retail sales and services.
1. The goods and services which are avail-
able are limited to goods and services
directly related to the physical health and
well-being of persons or animals;
2. The retail sales and service use is located
in a building which is used for a principal
use which is otherwise permitted and the
retail sales and service use occupies no
more than ten percent of the gross floor
area of the building;
3. Outdoor signage related to the retail sales
and service use is limited to 12 square feet
of total sign face or 25 percent of the face
of a sign for the principal use;
4. Front setback: The reduction in front set-
back results in an improved site plan or
Supp. No.6
CD2:103
improved design and appearance and land-
scaping exceeds. the minimum required;
and
5. Rear setback: The reduction in rear set-
back is necessary to preserve protected
trees and/or results in an improved site
plan or more efficient design and appear-
ance and landscaping exceeds the mini-
mum required.
M. Utility I infrastructure facilities.
1. Any above ground structure other than
perniitted 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 will
five years after installation substantially
obscure the fence or wall and the above
ground structure.
2. Front setback: The reduction in front set-
back results in an improved site plan or
improved design and appearance.
3. Rear setback: The reduction in rear set-
back is necessary to preserve protected
trees and/or results in an improved site
plan or more efficient design and appear-
ance and landscaping exceeds the mini-
mum required.
N. Assisted living facilities.
1. The buildings in which the facilities are to
be located do not have a flat roof;
2. Off-street parking is screened from adja-
cent parcels of land and any adjacent
street by a landscaped wall or fence of at
least four feet in height;
3. All outdoor lighting is designed and lo-
cated so that no light fixtures cast light
directly on to adjacent land used for resi-
dential purposes;
4. All waste disposal containers which serve
the proposed use are located within a
landscaped enclosed structure;
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~ 2-1203
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COMMUNITY DEVELOPMENT CODE
5. The parcel proposed for development is
not located in a designated Neighborhood
Conservation District, or if the parcel is
within the boundaries of a designated
Neighborhood Conservation District, the
lot area, lot width and setbacks are not
less than 90 percent of the average lot
area, lot width and setbacks of all im-
proved parcels of land which are located
within the Neighborhood Conservation Im-
mediate Vicinity Area and the height does
not exceed 120 percent of the average
height of buildings and structures located
within the Neighborhood Conservation Im-
mediate Vicinity Area.
O. Nursing homes.
1. Off-street parking is screened from adja-
cent parcels of land and any adjacent
street by a landscaped wall or fence of at
least four feet in height;
2. All waste disposal containers which serve
the proposed use are located within a
landscaped enclosed structure.
P. Social and community centers.
1. The parcel proposed for development does
not abut any property designated as res-
idential in the Zoning Atlas;
2. Front setback: The reduction in front set-
back results in an improved site plan or
improved design and appearance;
3. Side and rear setback: The reduction in
side and/or rear setback is necessary to
preserve protected trees and/or results in
an improved site plan or more efficient
design and appearance and results in
landscaping in excess of the minimum
required.
Q. Congregate care.
1. The buildings in which the use is to be
located do not have a flat roof;
2. Off-street parking is screened from adja-
cent parcels of land and any adjacent
street by a landscaped wall or fence of at
least four feet in height;
3. All outdoor lighting is designed and lo-
cated so that light fixtures do not cast
light directly on to adjacent land used for
residential purposes;
4. All waste disposal containers which serve
the proposed use are located within a
landlScaped enclosed structure.
(Ord. No. 6928-02, ~29-33, 5-2-02)
Section 2-1204. Flexible development.
The following are Level Two permitted uses in
the Institutional District, subject to the standards
and criteria set out in this section and other
applicable provisions of Article 3.
Table 2-1204. "r District Flexible Development
Min. Lot Area Min. Lot Max. Height Min. Off-Street
Use (sq. ft,) Width (ft.) Min. Setbacks (ft,) (ft.) Parking
Front Side Rear
Determined by
the community
development
Comprehensive Infill Redevelopment nla nla nla nla nla nla director based
Project (1) on the specific
use and/or ITE
Manual stan-
dards
Marina and Marina Facilities 5,000 50 15-25 10-15 0-20 30 1 per 2 slips
Social and Community Centers 20,000 100 15-25 10 15-20 30 4-5 per 1000
GFA
Supp. No.6
CD2:104
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ZONING DISTRICTS
~ 2-1204
Table 2-1204. Dr District Flexible Development
Min. Lot Area Min. Lot Max. Height Min. Off-Street
Use (sq. ft.) Width (ft.) Min. Setbacks (ft.) (ft.) Parking
Front Side Rear
SociallPublic Service Agencies 10,000-20,000 100 15-25 10 15-20 30 2-,-3 per 1,000
GFA
Telecommunication 'lbwers 10,000 100 25 10 20 Refer to Sec- n1a
tion 3-2001
(1) Any use approved for a Comprehensive Infi1l Redevelopment Project shall be permitted by the
underlying Future Land Use Plan Map designation.
Flexibility criteria:
A 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 asa comprehensive infill
redeveloPPlent project will not materially
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 Clearw~ter;
6. The development of the parcel proposed
for development as an 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;
Supp. No.6
CD2:105
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;
B. Marinas and 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;
e
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~ 2-1204
COMMUNITY DEVELOPMENT CODE
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;
c. Side and rear setback: The reduction
in side and/or rear setback does not
prevent access to the rear of any
building by emergency vehicles; The
reduction in side and/or rear setback
results in an improved site plan,
more efficient parking or improved
design and appearance.
4. The use of the parcel proposed for devel-
opment will not involve direct access to an
arterial street.
5. All marina facilities shall comply with the
commercial dock requirements set forth
in Section 3-601.C.3 and the marina and
marina facilities requirements set forth in
Section 3-603.
C. Social and community centers.
1. The parcel proposed for development does
not abut any property designated as res-
idential in the Zoning Atlas.
2. Front setback: The reduction in front set-
back results in an improved site plan or
improved design and appearance.
3. Side and rear setback: The reduction in
side and/or rear setback is necessary to
preserve protected trees and/or results in
an improved site plan or more efficient
design and appearance and results in
landscaping in excess of the minimum
required.
D. Social/public service agencies.
1. The parcel proposed for development does
not abut any property designated as res-
idential in the Zoning Atlas.
2. The social/public agency shall not be lo-
cated within 1,500 feet of another social!
public service agency.
Supp. No.6
3. Front setback: The reduction in front set-
back results in an improved site plan or
improved design and appearance.
4. Side and rear setback: The reduction in
side and/or rear setback is necessary to
preserve protected trees and/or results in
an improved site plan or more efficient
design and appearance and results in
landscaping in excess of the minimum
required.
E. Telecommunication towers.
1. No telecommunication tower is located on
Clearwater Beach.
2. If the telecommunication tower is located
within a scenic corridor designated by the
City of Clearwater or a scenic noncommer,..
cial corridor designated by the Pinellas
Planning Council, the applicant must dem-
onstrate compliance with the design cri-
teria in those designations.
3. The design and construction of the tele-
communication tower complies with the
standards in Article 3, Division 20.
(Ord. No. 6417-99, ~ 6, 8-19-99; Oni. No. 6526-00,
~ 1, 6-15-00; Ord. No. 6928-02, ~~ 34, 35, 5-2-02)
DIVISION 13. INDUSTRIAL, RESEARCH
AND TECHNOLOGY DISTRICT ("ffiT")
Section 2-1301. Intent and purpose.
The intent and purpose of the Industrial, Re-
search and Technology "ffiT" District is to estab-
lish areas for economic development and to pro-
vide the citizens of the City of Clearwater with
high quality jobs without adversely impacting the
integrity of adjacent residential neighborhoods,
diminishing the scenic quality of the City of
Clearwater or negatively impacting the safe and
efficient movement of people and things within
the City of Clearwater.
Section 2-1301.1. Maximum development po-
tential.
The Industrial, Research and Technology Dis-
trict ("IRT") may be located in more than one land
use category. It is the intent of the IRT District
CD2:106
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CITY OF CLEARW,ATER
POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748
Ci1Y HALL, 112 SOUTH OSCEOLA AVENUE, CLEARWATER, FLORIDA 33756
TELEPHONE (727) 562-4040 FAX (727) 562-4052
Ci1Y MANAGER
January 28, 2004
J t'':\ l'~ " '~J { 1
Mr. Laron Barber, President
Le'azon Technology Institute
P. O. Box 4097
Clearwater, FI. 33758
RE: 1250 Palmetto Street - Prerequisite Lease Requirements
Dear Mr. ~~: U,-,{JJ71
Frank Gerlock and Earl Barrett have summarized for me their recent meetings
with you concerning your interest in developing a lease of the City's former North
Greenwood Library to Le'azon Technology Institute.
Mr. Gerlock has advised you that occupancy of the facility by Le'azon will require
submittal and approval of a Comprehensive Infill Redevelopment Project
application. The application requires concurrent payment of a non-refundable
$1,205 processing fee.
Mr. Barrett has explained that the City only owns the Library building site, and
that parking is governed by an agreement between the City and the Pinellas
County School Board on its adjoining property. That agreement must be
amended and extended to accommodate the proposed lease. Subsequent to
your meeting Mr. Barrett was able to obtain historical operating expenses for the
facility. Based on that information, it is estimated Le'azon would incur expenses
for electric service, utilities, maintenance and insurance of between $10,000 and
$14,000 annually.
If you are comfortable with the foregoing matters, please provide me with the
following exhibits if you would like to have the City further consider the lease
proposal:
. Copy of Le'azon's IRS Form 1023 (Application for Recognition of
Exemption under Section 501 (c)(3) of Internal Revenue Code)
. Copy of IRS Determination Letter granting the exemption.
BRIAN J. AUNGST, MAYOR-COMMISSIONER
HoYT HAMILTON, VICE MAYOR-COMMISSIONER WHITNEY GRAY, COMMISSIONER
FRANK HIBBARD, COMMISSIONER * BILL]ONSON, COMMISSIONER
"EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER"
,,"
...-....
e
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Page 2 - Laron Barber
January 28, 2003
. Financial Statements of Revenue/Expenses for years 2000 - 2003
. Letters of commitment from sponsoring organizations and prospective
employers of Le'Azon's services
. Le'Azon business plan anticipating proposed lease
. Letter containing any other comments and exhibits you may deem
supportive of the City entering into the proposed lease agreement
Upon receipt of the referenced exhibits I will review with appropriate City officials
and provide timely written response as to the City's intentions. You may contact
Earl Barrett at 562-4754 to coordinate and assist with any additional questions
you may have in the meantime.
Sincerely,
15~ 0~~
Ralph Stone
Assistant City Manager
cc: William B. Horne, II, City Manager
Pam Akin, City Attorney
Margie Simmons, Finance Operations Director
Frank Gerlock, Planning Manager v
Earl Barrett, Real Estate Services Manager
e
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Barrett, Earl
.
From:
Sent:
To:
Subject:
Barrett, Earl
Friday, October 01,20048:23 AM
Gerlock, Chip
Le'azon Technology application
.
Chip -
Under copy of this message I will deliver a copy of the fully executed "First Amendment to Parking Facility Agreement" that
confirms Le'azon Technology is now assured the use of 10 additional parking spaces adjacent to the old N. Greenwood
Library throughout its lease term. Let me know if I might provide anything further to expedite this application.
1
~? ~~~
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f,RST AMeNDMENT TQ PARKING FACILITY A9REEMEN~
THIS AMENDMENT TO THAT CERTAIN PARKING FACILITY
AGREEMENT by and between the City of Clearwater ("City") and the Scho~
Board of Pinellas County, Florida ("Board"), is made and entered into this ~
day of September 2004.
WHEREAS, The City of Clearwater, Florida, a municipal corporation,
("City") and the School Board of Pinellas County, Florida ("Boarer), (collectively
"parties"), did enter into that certain Agreement dated August 23, 1995 regarding
construction, maintenance and joint utilization of a paved parking lot facility
("parking facility") adjacent on the north to the former North Greenwood Branch
Library ("Library") located at 1250 Palmetto Street, Clearwater, Florida; and,
WHEREAS, paragraph 9 of the Agreement provides that in the event of
any unforeseen qUestions arising out of use of the parking facility or otherwise
arising under the Agreement, Said questions shall be settled in writing between .
the Superintendent of Schools and the City Manager, or their respective
designees; and,
WHEREAS, the parties mutually desire to amend said Agreement;
NOW THEREFORE, in consideration of the covenants herein contained
and other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, said Agreement is hereby amended as follows:
1. Paragraph 1 ~!!!!n. The Agreement stands renewed for an additional ten
(10) year term commencing August 23,2005 and ending August 22,2015.
2. Paragraph 6 - ~estricti9" on Use. The parking facility may be utilized as
otherwise provided in the Agreement by a City tenant occupying the library 50
long as such occupancy complies with the folJowing requirements:
a. Said tenant shan be recognized as a tax-exempt organization under
Section 501 (0)(3) of the Internal Revenue Code.
b. In the event that entering into a lease of the Library with a tax ~
exempt organization, or the operation of such lease, shall create
any ad valorem or tangible personal property tax obligations not
exempt from taxation as provided in Chapter 196, Florida Statutes,
tenant shall be solely responsible and required to timely pay such
taxes as levied.
"
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c. The lease of the Library by the City shall contain a recapture
provision that upon sixty (60) day written notice tenant shalt vacate
the Library in the event the City Council determines at a duly
constituted City Council meeting that the Library is needed for other
municipal purposes.
d. Insurance and indemnification provisions applicable to the use of
the parking spaces by tenant shall be provided for in the lease
agreement between City and tenant.
3. Paragraph 8 - A~si9nn:t"nt, losQ,c;tion and TerminatioQ. The parties
mutually agree that the City may assign its use of the ten (10) parking spaces as
provided in paragraph 5 of the Agreement to a tenant meeting and complying
with the provisions of paragraph 2 above.
4. Except as provided herein and amended hereby; all other terms and
provisions of said Agreement remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this First
Amendment to Parking Facility Agreement this ;l.~-+-- day of
~~r-- ,2004.
CITY OF CLEARWATER,
F2L
By: . ~~-ct
William B. Horne, II
City Manager
Approved as to form:
~,
Laura-I;OwsId
Assistant City Attorney
Approved as to form:
~
Attest:
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