FLS01-01-03
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CITY OF CLEARWATER
PLANNING DEPARTMENT
FLEXIBLE STANDARD - STAFF REPORT
BACKGROUND INFORMATION:
APPLICANT:
Mr. Ted Turner
CASE NUMBER:
FLS 01-01-03
PROPERTY LOCATION:
613 South Missouri Avenue.
REQUEST:
Flexible Standard approval to reduce the number of
required parking spaces from 16 spaces to 13 spaces
and reduce the dimensional landscaping require-
ments as part of a Comprehensive Landscaping
Program.
ZONING:
C, Commercial District
EXISTING USE:
Light manufacturing
PROPOSED USE:
Furniture store
ADJACENT LAND USES:
North:
South:
East:
West:
Retail sales and service
Office
Retail sales and service
Residential
The immediate area is part of a major commercial corridor
including retail, office and restaurant uses with residential
located to the rear of the site.
STAFF ANALYSIS
The 0.30-acre site is located on the east side of Missouri A venue, approximately 75 feet south of
Turner Street. Missouri A venue functions as a major commercial corridor including an array of
retail, office and restaurant uses. The corridor is targeted for redevelopment. Attached and
detached residential structures are located to the east behind the nonresidential uses that front on
Missouri Avenue.
The site was previously used as light manufacturing. The existing building and parking are
nonconforming with respect to setbacks. The parking lot design includes perpendicular parking
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spaces that require some backing into the adjoining right-of-way. There is an abandoned pole
sign along the north property line and the site contains no parameter landscaping.
The proposal includes a change of use from light manufacturing to a second hand furniture store.
The change of use requires compliance with the minimum development standards, parking lot
design, and landscaping standards. The proposed plan includes 13 parking spaces and the
addition of two landscaping islands along the front elevation. Landscaping will include four
sabel palms surrounded with indian hawthorne ground cover. No parameter landscaping is
proposed due to site constraints.
The request is to reduce the number of parking spaces from 16 spaces to 13 spaces. Code
requires 5 parking spaces per 1,000 square feet of gross floor area. This standard may be reduced
to 4 spaces per 1,000 square feet of gross floor area as part of a Flexible Standard application
subject to specific criteria. The proposed use, a furniture store, is a less intensive retail use than
other retail uses according to the International Traffic Engineer Manual (ITE); therefore, the
request seems reasonable. Additionally, over 1,000 square feet of the building's interior is
reserved for storage and will not produce a demand for parking.
The existing site prevents reasonable parameter landscaping given the building location and
parking configuration. The site has a hardship and cannot efficiently allow for landscaping. The
use is one of the least intensive uses permitted in the district.
FLEXIBLE STANDARD CRITERIA FOR RETAIL SALES AND SERVICE USES IN
THE C. COMMERCIAL DISTRICT:
1. Lot size and width: The parcel proposed for development was an existing lot of less
than 10,000 square feet and was not in common ownership with any contiguous
property on May 1, 1998.
The parcel is 12,975 square feet. The parcel exceeds the mInImUm lot area and IS
consistent with this criterion.
2. Height:
a. The increased height results in an improved site plan, landscaping areas in
excess of the minimum required or improved design and appearance:
There is no additional building height as part of this proposal. This criterion is not
applicable to this proposal.
b. The increased height will not reduce the vertical component of the view from
any contiguous residential property,
There is no additional building height as part of this proposal. This criterion is not
applicable to this proposal.
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3. Side and rear setback
a. The reduction in side and rear setback does not prevent access to the rear of
any building by emergency vehicles:
The property is legally nonconforming with respect to setbacks and the proposal
does not include an additional reduction in setbacks. The criterion is not
applicable to this proposal.
b. The reduction in side and rear setbacks results in an improved site plan,
more efficient parking or improved design and appearance:
The property is legally nonconforming with respect to setbacks and the proposal
does not include an additional reduction in setbacks. The criterion is not
applicable to this proposal.
c. The reduction in side and rear setbacks does not reduce the amount of
landscaped area otherwise required:
The property is legally nonconforming with respect to setbacks and the proposal
does not include an additional reduction in setbacks. The criterion is not
applicable to this proposal.
4. Off-street parking: The physical characteristics of a proposed building are such
that the likely uses of the property will require fewer parking spaces per floor area
than otherwise required or that the use of significant portions of the building will be
used for storage or other non-parking demand-generating purposes.
The building will physically function as a used furniture store. The International Traffic
Engineers (ITE) Manual suggests a parking need of 1.3 parking spaces per 1,000 square-
feet of building. This standard is far less than the provisions of Code for other retail uses.
Second, over 1,000 square feet of the building's interior will be used for storage and
excluded from the retail area. The proposal is consistent with this criterion.
GENERAL APPLICABILITY: Conditions which are imposed by the Community
Development Coordinator and the Community Development Board pursuant to a Level
One or a Level Two Approval shall ensure that:
1. The proposed development of the land will be in harmony with the scale, bulk,
coverage, density, and character of adjacent properties in which it is located.
The site is an existing building with parking. There is no additional development
proposed at this site. The use is consistent with other retail sales and service
establishments along Missouri A venue.
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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.
Missouri Avenue is a major commercial corridor and adjacent properties to the north and
south are consistent with this trend. The proposed use is in keeping with the appropriate
character of Missouri A venue.
3. The proposed development will not adversely affect the health or safety or persons
residing or working in the neighborhood of the proposed use.
There are no conditions that are expected to adversely affect the health or safety or
persons residing or working in the neighborhood.
4. The proposed development is designed to minimize traffic congestion.
The proposed furniture store use is expected to have a low parking need and is not
expected to produce a level of service above other retail sales and service establishments.
Customer parking is provided to the front of the building to allow easy access to the store
while, employee parking is provided to the rear.
5. The proposed development is consistent with the community character of the
immediate vicinity of the parcel proposed for development.
Missouri Avenue is a major commercial corridor with an array of retail sales and service
land uses. This proposed furniture store is consistent with the existing community
character.
6. The design of the proposed development minimizes adverse effects, including visual,
acoustic and olfactory and hours of operation impacts, on adjacent properties.
The building is a legally nonconforming structure. There are limited physical
improvements proposed at this time. The use, by nature, is low intensive and is not
expected to produce adverse effects such as traffic congestion, noise and etc. The
proposed use is consistent with this criterion.
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STAFF RECOMMENDATION:
Staff believes that the furniture store complies with the standards of the Community
Development Code and the Flexible Standard criteria for retail sales and service uses. Staff
recommends APPROVAL of the request by Mr. Ted Turner to reduce the number of required
parking spaces from 16 spaces to 13 spaces and to reduce the dimensional landscaping
requirements as part of a Comprehensive Landscape Program, at 613 South Missouri Avenue
subject to the following conditions:
1. That the site be improved with landscape plantings as indicated on the site and
landscaping plans dated February 23,2001;
2. That the site be resurfaced and restriped, in accord with Code requirements;
3. That the future use of the site be limited to a use of the same or less intensity, as approved
by staff;
4. That the existing sign base/concrete island be removed from the northwest comer of the
site; and
5. hat sign ge be limited to one attached sign to comply with Code.
S:\Planning Department\C D B\Standard F1ex\Pending Cases\2 - Reviewed and Pending\Missouri South 613 Jessica's Place\Missouri
South 613 staffreport .doc
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CITY OF CLEARWATER
LONG RANGE PIANNING
DEVELOPMENT REvIEW
HOUSING DNISION
NEIGHBORHOOD SERVICES
PLANNING DEPARTMENT
POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748
MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756
TELEPHONE (727) 562-4567 FAX (727) 562-4576
May 3,2001
Mr. Ted Turner
P.O. Box 1464
Safety Harbor, Florida 34695
RE: Development Order regarding case FLS 01-01-03 - 613 South Missouri Avenue
Dear Mr. Turner:
This letter constitutes a Development Order pursuant to Section 4-202.E of the
Community Development Code. On February 15, 2001, the Development Review
Committee (DRC) reviewed your application for Flexible Standard development to
reduce the number of required parking spaces from 16 spaces to 13 spaces and reduce the
dimensional landscaping requirements, as part of a Comprehensive Landscape Program.
The proposal includes the use of the site as a used furniture store (Jessica's Place) which
is considered retail sales and service under the provisions of the Community
Development Code. The DRC recommended approval of the application with the
following five conditions:
1. That the site be improved with landscape plantings as indicated on the site and
landscaping plans dated February 23,2001;
2. That the site be resurfaced and restriped, in accord with Code requirements;
3. That the future use of the site be limited to a use of the same or less intensity, as
approved by staff;
4. That the existing sign base/concrete island be removed from the northwest comer
of the site; and
5. That signage be limited to one attached sign to comply with Code.
I concur with the findings of the Development Review Committee and, through this
letter, approve your application for Flexible Standard development subject to the above
five conditions.
Pursuant to Section 4-303, an application for building permit shall be made within one (1)
year of the date of this Development Order (May 3, 2002). All required certificates of
BRlAN J AUNGST, MAYOR-COMMISSIONER
WHITNEY GRAY, COMMISSIONER HoYT HAMILTON, COMMISSIONER
ED HART, COMMISSIONER * BIU]ONSON, COMMISSIONER
"EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER"
.
Turner, Page 2
613 South Missouri Avenue - Development Order
May 3,2001
.
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occupancy shall be obtained within one (1) year of the date of issuance of the initial
building permit. Time frames do not change with successive owners.
Please be aware that the issuance of this Development Order does not relieve you of the
necessity to obtain any building permits or pay any impact fees that may be required. In
order to facilitate the issuance of any permit or license affected by this approval, please
bring a copy of this letter with you when applying for any permits or licenses that require
this prior development approval.
If you have any questions, please do not hesitate to call W. Ryan Givens, Planner at 727-
562-4504.
Sincerely yours, _
~~
Ralph E. Stone
Planning Director
CC: Robert Pergolizzi, Florida Design Consultants
S:\Planning Department\C D B\Standard Flex\Pending Cases\2 - Reviewed and PendingIMissouri South 613 Jessica's PlacelMissouri South 613
development order. doc
CITY OF CLEARWATER
.PPLICATION FOR SIT.~JAN APPROVAL
PLANNING & DEVELOPMENT SERVICES ADl\1INISTRATION
MUNICIPAL SERVICES BUILDING, 100 sourn MYRTLE A VENUE, 2nd FLOOR
PHONE (727)-562-4567 FAX (727) 562-4576
This form must be submitted for all applications for residential uses, accessory uses, nonresidential uses, fences,
Signs, vested rights, development agreements, seawalls, docks, marinas and other marine structures and home occupations.
APPLICANT, PROPERTY OWNER, AND AGENT INFORMATION:
yy 2.. -''1 90 PCO\LC,. O~il7.
APPLICANT NAME: Ted D. Turner
MAILING ADDRESS
PHONE NUMBER
PROPERTY OWNERS
AGENT NAME
MAILING ADDRESS
P.o. Box 1464 Safety Harbor, Florida 34695
72h-q ::r~4
FAX NUMBER :
N/~
,
Ted D. Turner and Reba C. Turner
(List all owners)
E.D. Annstrong, III Johnson, Blakely, et. aJ:..
911 Chestnut Street. Clearwater, Ploridi'l 137"ih
I cE--~ '"~. ..
1'\";;::": ;,__,
~ :
461-1818
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441-8617
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c.n
613 South Missouri Avenue, Clearwater, Florida
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PROPOSED DEVELOPMENT INFORMATION:
STREET ADDRESS:
LEGAL DESCRIPTION:
PARCEL NUMBER:
PROPOSED USE AND SIZE:
SIZE OF SITE:
f',.J
=
=
33756
See Attached Deed
15/29/15/00000/420/0100
Existinq 3,280 s.f. used furniture store, 1.228 s.L storage area
(number of dwelling units, hotel rooms or square footage of nonresidential use)
12,975 s.f. (0.30 Ar.res)
DESCRIPTION OF REQUEST: ~€.VlJc ~ t..--'O, ~Ji>71t- J?t~" R?I: j2.{...-T1l1e- ~S
CJ.J-4>. OF \oJ Sf... .
DOES THIS APPLICATION INVOLVE THE TRANSFER OF DEVELOPMENT RIGHTS? YES _ NO X--
I, the undersigned, acknowledge that all
representations made in this application
are true and accurate to the best of my
knowledge.
STATE OF FLORIDA, COUNTY OF PINELLAS
Sworn to and subscribed before me this ~-fk.. day of
CnvCl'( ,A.D.,ffi2oCI to me and/or
, who is personally
e.r L k.Q <:. tV\: , as
~d \ Pc.. T ....'~~. '/sr'i i -'-;I'(.z>"
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FOR PLANNING OFFICE USE ONLY:
LAND USE DISTRICT OF PARCEL: ZONING:
ZONING CLASSIFICATION OF ADJACENT PARCELS: NORTH:
FUTURE DESIGNATION:
EAST:
WEST
SOUTH:
FUTURE LAND USE CLASSIFICATION OF ADJACENT PARCELS NORTH:
SOUTH:
EAST:
WEST:
S: application forms/development review/basic application doc
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J-.dr. /6);)-00 I
D ,t.c.
Community Response Review for Planning
~/3 i~,fIlp~ou~ ~~
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Location:
, ,
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lJ Current Use: . :
lJ Active Code nforcement Cas (no} es:
o Address nUmb~nO) (vaca~t land) _, .
lJ LandscapiMl9~(no) @Jr;r2.- ~ ~ /)
o Overgrowl\3y~(no) ./Uf.J./1- ~O
o Deb~O) ft<-il/L-- ~ 0-
lJ Inoperative vehicle{s) (yese
lJ Building{s) (900d)~i1)poOr) (vacant land)
lJ Fencing (none((go~~ (dilapidated) (broken and/or missing pieces)
lJ Paint (good) e9oor) (garish)
lJ Grass Parking (ye~
lJ Residential Parking Violations (yes) (no)
lJ Signage (none)~ (not ok) (billboard)
/ ' "\
I:J Parking (n/a) (striped) (handicapped~eeds repaving)
o Dumpster (enclosed) (not enclosed) - -~~ ~
I:J Outdoor storag@(no)
Comments/Status Re
~.~
...
Date of Review: .1, It /0 (
Revised 01-03-01 J '
FILE
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615 S MISSOURI AVE
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FRANCHISE RLTY IHTERSTATE
f"le DC)N{:ILD~3
ATTN: VAZQUEZ. JUAH 009/008
KIRKLAHD. NORMAN L JR TRE
1345 S MISSOURI AVE STE 107
C U'::A R IIJ (4 TER E'L
PO BOX 6388
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CLEARItJt1 TER r'I.,
HOTT HOLDINGS INC
226 DF<IFTv..'OOD LN
LARGO n.
WOODRING, MARILYN C
1399 PINEAPPLE LN
CLEARv..'A TER FL
3~3770 2602
3~5759 2::n4
WOODRING, MARILYN C
1399 PINEAPPLE LN
CLEAF<WA TER F'L
BARTKUS, CHRISTOPHER
SCf-W1AUT Z" [i"11 L N
615 S MISSOURI AVE
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KLEIN, MARK S TRE
c;o KL[IN & HEUCHAH INC
2040 NE COACHMAN RD
CLEARW(~T'EP FL
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614 S MISSOURI AVE
CL.EAF;II/.JA TER FL
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N I CI'jOLS. PETEh~ G
614 S MISSOURI AVE
CLE(~Rv.JATEFI F'L
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.. AFFIDAVIT TO AUTlWiWUZE AGENT
fWINNING & DEVEWPMENT SERWCES ADMINISTRATION
MUNICIPAL SERVICES BUILDING, 100 sourn MYRTLE AVENUE, 21>d FLOOR
PHONE (727)-562-4567 FAX (727) 562-4576
STATE OF FLORIDA
COUNTY OF PINELLAS
Ted D. Turner
(Name off all property owners)
1. That (I am/we are) the owner( s) and record title holder( s) of the following described property:
ADDRESS OR GENERAL LOCATION:
613 South Missouri Avenue
Clearwater, FL 33756
2. That this property constitutes the property for which a request for a:
Site Plan approval for C'hangp- in H!=;p- to Rp-t-aiJ SaIp-!=; in "c" District
(Nature of request)
3. That the undersigned (has/have) appointed and (does/do) appoint E.D. Annstrong
(Johnson, Blakely et. al) and Robert Perqolizzi (Florida Desiqn Consultants, Inc.)
as (hisltheir) agent(s) to execute any petitions or other documents necessary to affect such petition;
4. That this affidavit has been executed to induce the City of Clearwater, Florida to consider and act
on the above described property;
5.
ersigned authority, hereby certify that the foregoing is true and correct.
SIGNED (Property Owner)
STATE OF FLORIDA, COUNTY OF PINELLAS
Sworn to and subscribed before me this ~q~ day of
3i' lA u~ ~ ' A.D., 1-9 200 I to me and/or
by I (,I dLj ()I \0 (~ ,who is personally
known has produced ,(PSG:, - ~OL{. 5""(-02- '?-o 1){\VU~
as identification. Ll ~ b \L ....tt
C\lIICl o{c d ~ CJt- 'tu k 0.. V\. O~ \ '-1. .
SIGNED (Property Owner)
SIGNED (Property Owner)
Notary public,
My commission expires:
~ Edith A Sterling
_~*My Commission CC703387
Yft.'JIIMp* {/anuary 23, 2002
01/30/2001 TUE 09:06 FAX 727 7li1j606 FDC Clearwater
. ,
l4I 0011003
.
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-~ :
fLORlDA DESIGN CON$ULTANr~,. 'N~.
BII'GtItlEERS.~ SVRlIEWlRS I.1'UNIfERS
FAX
To: c::KV1a~ GLVtlA~
\
Fax: 5b 'J. - 451l.t<
Phone;
F~ ~beA .p~D1L"Z-~
Pages: ~
Datemme: I J 1:,o!a I
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Ro: ~ esGl('c'~ Plvu. fcl~ ~.
.lab.... q ~ "7- JJ..&r
"anIc:ot>Y InstnactIclnso ~i..--
. Comments:
cc.
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o Overnight Mall 0 None To Follow
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Tho InfoImation IXII'IlaiIed In 1I1s transmission Is pr1vIeged ald mdldential. It is ntend8d for the use of !he IndMduaI or entily
named BboII8. If the reader of lhIs message Is not the ~tendecI' addresseo. the reader Is hereby notIled that any conskIeration.
dissemNtion or dupllcallon of tis axnmlri3llon 1& 8IridIy ~ If !he recIpIenl has receI\Ied !his lXlI'llmlMllcation in error,
please reI1m this transmis9iorllD US at the eckhss bebw bot mal If this cxmmunication was received ~ the U.s.. p/ea$e notify U$
Immediately by phone.
lHANK YOU!
2639 tkCormIck Drive-~. Florida
Phone: (727) 724-8422 - FelC (727) 72~
0,1 /30/2~001 TUE 09: 07 .~~ 727 7.606. FDC Clearwater.
l4J 002/003
..
January 30,2001
Mr. Ryan GivenS, Planner ,
city of Clearwater Plaimiitg Department .
. d . .
lOO S. Myrtle Avenue, 2n Floor .
Clearwater, FL 33756 '. .
.' Re: .Jessica's Place - 613 S. Missouri Avenue
" ,Dear Mr. Givens: .
.As you ~equested in o~ submittal meeting~ enclosed is the Affidavit to A.uthorize Agent fox: the' above
" . 'referenced project. I understand'the pRC meeting is: scheduled for. February.. 1 5, 2001,due to a conflict
in the afternoon it would be appreciated if this item couid be placCd on the' early mom.i.D.g agenda. . '.
. . . . I . .. I _ , \
. . ,
~ia~' '.
'jjt#.~~.
Robert.C. perg02~' .'
. ":' Vice President! Transportation and Planning
.:cp .
Encl.
L:\200 1 Lctto/S\giVCIlS,<I0C
c: Ted Turner
E.D. Armstrong
997.111
2639 McCORMICK DRIVE. ClEARWATER. FLOR"DA.33759
. : Te(: (727) 724-8422 ~ F:ax: (727) 724-8606' "
01/30/200~ TU~~09:07 FAX 727 7~606 FDC Clearwater
. . ~~ . AFFIDA VIT TO AlITH.ZE AGENT.
~ --::.: ~ PLANNING & DEVELOPMENT SERVICES ADMINISTRATION
- - ~ MUNICIPAL SERVICES BUILDING, 100 soum MYRTLE AVENUE. 21J1 FLOOR
~~ ~~ PHONE (727)-562-4567 PAX (727) S62-4S?6
141 003/003
S TATE OF FLORIDA
( OUNTY OF PINELLAS
Ted D. Tumer
-
(rame off liD property 0WI'l81'S)
1. That (I am/we are) the owner(s) and record title holder(s) of the following described property:
ADDRESS OR GENE::RAllOCATION:
613 South Missouri Avenue
Clearwater. FL 33756
2 That this property constitutes the property for which a request for a:
Site plan a.pproval for change in IJse r1"l 'R~rL'li] !=ir.lles. in "c" Di!';1"rict
(Nature of requet;t)
3 That the undersigned (has/have) appointed and (does/do) appoint E.D. Atmstrong
(Johnson, Blakely et. all and RdJert Perqolizzi (Florida Desiqn Consultants, Inc.)
as (hislthelr) agenl(5) to E!l(scute any petitiQns 01" other documents l\E!CE!&l!iary tD affect ~ petition:
4 That this affidavit has been executed to induce the City of Clearwater, Florida to consider and act
on the above described property;
5
ersigned authority, hereby certify that the foregoing is true and correct.
$1, ~NED (Property Owner)
stATE OF FLORIDA. COUNTY OF PINELLAS
Swom to and subscribed before me this c-:Jq~ day of
~~u~~ ,A.D.,t92001 to me and/or
by T 0. 1 ; )I~ -Tv { ~ , who is personally
k.nown has produced -rl..DSCo'" ~ol..( - 5"( -0 2... ~-C> 1>f\v-u ~
as identification. L.I~ ~ 'L . L_ ...J..,
0. ~ at, d lAa-r- ~ ~ 0.. \A. 00-' \.{
81' ~NED (Property Owner)
51 ;NED (Property Owner)
Notary public,
My commission expires:
1IJC. Ed/ttl A Stelling
___*1Ioty COItmIasIon OC7Oal7
'~-"_lIIlry 23. 2Oll2
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JOHN C. LOCKE, ESQUlRE
StJNN~ & AiE, P.A.
1151 N.E. ~LAND STREET
CLEARWATER, FLORIDA 33755
.
Property Appraisers Parcel
I.D. #15-29-15-00000-420-0100
Grantees' S.S. Nos.:
QUIT CLAIM DEED
THIS QUIT-CLAIM DEED, Executed this ~ 0 day of ~~ A.D., 2000, by, REBA C.
TURNER, an unremarried widow, party of the first part, to REBA C. T R, an unremarried widow, and
TEDDY D. TURNER, a married person, parties of the second part, as Joint Tenants With Right of Survivorship,
whose post office address is 933 Michele Circle, Dunedin, Florida 34698.
(Wherever used herein the terms "first party" and "second party" shall include singular and plural, heirs, legal
representatives, and assigns of individuals, and the successors and assigns of corporations, wherever the context so
admits or requires).
WITNESSETH, That the said first party, for zero consideration, does hereby remise, release and quit-claim
unto the said second party forever, all the right, title, interest, claim and demand which the said first party has in and
to the following described lot, piece or parcel ofland, situate, lying and being in the County of Pine lias, State of
Florida, to wit:
THE NORTH 75 FEET OF THE EAST 173 FEET OF THE WEST 223 FEET
OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 15, TOWNSHIP 29 SOUTH, RANGE 15 EAST.
NK/A 613MISSOURI AVENUE, CLEARWATER, FLORIDA.
This is not the homestead of the party of the first part.
TO HA VE AND TO HOLD The same together with all and singular the appurtenances thereunto belonging
or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said first
party, either in law or equity, to the only proper use, benefit and behoof of the said second party forever.
IN WITNESS WHEREOF, The said first party has signed and sealed these presents the day and year first
above written.
~~~~~~d;O th.pm'D~ or,
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Print
;:e L~' _ e. ~:J".J_U"Z,.d/L
REBA C. TURNER, Grantor Signature
933 Michele Circle, Dunedin, Florida 34698
Address of Grantor
Printed Name
STATE OF FLORIDA I HEREBY CERTIFY, that on this day, before me, an officer duly
COUNTY OF PINELLAS authorized to administer oaths and take acknowledgments, personally appeared,
REBA C. TURNER, known to me to be the person described in and who executed the foregoing instrument, who
is personally known to me and she acknowledged before me that she executed the same.
Jjtness my hand and official seal in the Cou
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day of
. CITY OF CL.RW ATER
PLANNING & DEVELOPMENT SERVICES
100 S. Myrtle Avenue, Clearwater, FL 33756
Phone (727) 562-4567 Fax (727) 562-4576
COMPREHENSIVE LANDSCAPE PROGRAM REQUIRE:MENTS
NAME:
Jessica's Place
613 South Missouri Avenue
ADDRESS:
The landscaping requirements of Article 3 Division 12 may be waived or modified as a part of a Level One or
Level Two Approval, as the case may be, if the application for development approval includes a Comprehensive
Landscape Program which satisfies the following criteria. The use of landscape plans, sections/elevations,
renderings and perspectives may necessary as supplementary information in addition to the information
provided on this worksheet:
1. Architectural Theme.
a. The landscaping in a Comprehensive Landscape Program shall be designed as a part of the architectural
theme of the principal buildings proposed or developed on the parcel proposed for the development.
OR
b. The design, character, location and/or materials of the landscape treatment proposed in the Comprehensive
Landscape Program shall be demonstrably more attractive than landscaping otherwise permitted on the
parcel proposed for development under the minimum landscape standards.
The dimensions of the site prevent a perimeter buffer that complies with code.
The Comprehensive Landscape Pro~ram includes an attractlve mix of sabal palms, Indian
hawthorn and hibiscus on landscaped islands in front of the store. Live Oak and
_.~'" -"".,~"=.,:,~~---;!
IE:] ~~:.==::>.'~___~\Indian hawthorne on a landscape island in the northwest corner of the property.
l L !IT!,The existing concrete island will be removed and replaced vJith landscapina.
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2. Lighting. Any lighting proposed as a part of a Comprehensive Landscape Program is automatically controlled so
that the lighting is turned off when the business is closed.
No lighting is proposed as part of the Comprehensive Landscape Program.
3. Community Character. The landscape treatment proposed in the Comprehensive Landscape Program will
enhance the community character of the City of Clearwater.
t10st properties on Missouri Avenue have very little or no landscaping at all.
The introduction of landscaping islands along the southern and northern property
lines attractively landscaped with shrubs and trees will enhance the character of
the Missouri Avenue corridor.
4. Property Values. The landscape treatment proposed in the Comprehensive Landscape Program will have
a beneficial impact on the value of the property in the immediate vicinity of the parcel proposed for development.
(o'i~~~C J:l>fU U oq ra de of the a ppea ranee of the site wi 11 have a bene fie i a 1 i roo act on s u rrou nd i nq
~~. ~~ -r,r-~rierti es.
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5. Special Area or Scenic Corridor Plan. The landscape treatment proposed in the Comprehensive Landscape
Program is consistent with any special area or scenic corridor plan which the City of Clearwater has prepared and
adopted for the are in which the parcel proposed for development is located.
Missouri Avenue is designated as a Primary Scenic Corridor per Section 3-1203
of the Community Development Code. To date there is no approved corridor plan for
r.1i ssouri Avenue.
Please return check list for review and verification.
Date:
1 / ~t/ /200/
/ I I
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JAN 2 5 2001 \ u II
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I atu of applicant)
Receipt No:
Date:
Line Items:
Case No
Payments:
Method
Check
1199826418
1/25/2001
Tran Code
-FLEX STND
Payer
TURNER
.
.
Description Revenue Account No.
Flexible Standard - 47,500.00 @ $0.01 010-341262
Bank No Acct Check No
3291
TOTAL AMOUNT PAID:
:,~) [~ ~ u m a; If
ll~ JAN 2 5 2001 ~
I?y
Amount Due
$475.00
Amount Paid
$475.00
$475.00
1
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. .
CITY OF CLEARWATER
LoNG RANGE PLANNING
DEVELOPMENT REvIEW
HOUSING DMSION
NEIGHBORHOOD SERVICES
PLANNING DEPARTMENT
POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748
MUNICIPAL SERVICES BUIlDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756
TELEPHONE (727) 562-4567 FAX (727) 562-4576
May 3, 2001
Mr. Ted Turner
P.O. Box 1464
Safety Harbor, Florida 34695
RE: Development Order regarding case FLS 01-01-03 - 613 South Missouri Avenue
Dear Mr. Turner:
This letter constitutes a Development Order pursuant to Section 4-202.E of the
Community Development Code. On February 15, 2001, the Development Review
Committee (DRC) reviewed your application for Flexible Standard development to
reduce the number of required parking spaces from 16 spaces to 13 spaces and reduce the
dimensional landscaping requirements, as part of a Comprehensive Landscape Program.
The proposal includes the use of the site as a used furniture store (Jessica's Place) which
is considered retail sales and service under the provisions of the Community
Development Code. The DRC recommended approval of the application with the
following five conditions:
1. That the site be improved with landscape plantings as indicated on the site and
landscaping plans dated February 23,2001;
2. That the site be resurfaced and restriped, in accord with Code requirements;
3. That the future use of the site be limited to a use of the same or less intensity, as
approved by staff;
4. That the existing sign base/concrete island be removed from the northwest comer
ofthe site; and
5. That signage be limited to one attached sign to comply with Code.
I concur with the findings of the Development Review Committee and, through this
letter, approve your application for Flexible Standard development subject to the above
five conditions.
Pursuant to Section 4-303, an application for building permit shall be made within one (1)
year of the date of this Development Order (May 3, 2002). All required certificates of
BRlAN J. AUNGST, MAYOR-COMMISSIONER
WHITNEY GRAY, COMMISSIONER HoYT HAMILTON, COMMISSIONER
ED HART, COMMISSIONER * BILL JONSON, COMMISSIONER
"EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER"
\
Turner, Page 2
613 South Missouri Avenue - Development Order
May 3,2001
.
.
occupancy shall be obtained within one (1) year of the date of issuance of the initial
building permit. Time frames do not change with successive owners.
Please be aware that the issuance of this Development Order does not relieve you of the
necessity to obtain any building permits or pay any impact fees that may be required. In
order to facilitate the issuance of any permit or license affected by this approval, please
bring a copy of this letter with you when applying for any permits or licenses that require
this prior development approval.
If you have any questions, please do not hesitate to call W. Ryan Givens, Planner at 727-
562-4504.
Sincerely yours, _
~~
Ralph E. Stone
Planning Director
h
CC: Robert Pergolizzi, Florida Design Consultants
S:IPlanning Department\C D B\Slandard FlexlPending Cases\2 - Reviewed and PendingIMissouri South 613 Jessica's PlacelMissouri South 613
development order. doc
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C I T Y 0 F
CLEARWATER
PlANNING DEPARTMENT
POST OFFICE Box 4748, CLEARWATER, FLORID~ 33758-4748
MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756
TELEPHONE (727) 562-4567 FAX (727) 562-4576
LONG RANGE PLANNING
DEVELOPMENT REvIEW
HOUSING DMSION
NEIGHBORHOOD SERVICES
March 16,2001
Mr. Robert C. Pergolizzi, AICP
Florida Design Consultants, Inc.
2639 McConnick Drive
Clearwater, Florida 33759
RE: Development Review Committee comments for 613 South Missouri (FLS 01-01-03).
Dear Mr. Pergolizzi:
The Development Review Committee has reviewed your resubrnittal for the property located 613
South Missouri Avenue and detennined that there are still several needed revisions before the
committee makes a positive recommendation to the Planning Director and prior to the issuance of
a Development Order. The following lists the Development Review Committee request for
reVISIOns:
SITE PLAN
1. The drive aisle in the front setback is substandard and maynot accommodate efficient
circulation; revise site plan to provide a one-way drive aisle with angled parking. The
design shall not include backing into the adjacent right-of-way.
2. The existing curb cut is rather large and should be narrowed to improve safety along
Missouri Avenue; revise site plan to include reconfiguration of the curb cut to one
entrance and one exit. The curb shall be reconstructed pursuant to Florida Department of
Transportation specifications.
LANDSCAPE PLAN
1. The landscape plan does not meet Code, whereas, the Comprehensive Landscape
Program allows for deviations from the dimensional requirements of Code in exchange
for better, more intense landscaping; revise landscape plan to include additional plant
materials on site including a well-designed landscape pattern in the front islands and
planter. (Provide an additional varieties to the indian hawthorne.)
2. The landscaping islands planned for the area near the building may need to be
reconfigure when the parking layout is revised; revise landscape plan to reconfigure the
landscape islands near the front of the building to match future parking layouts.
BRIAN J. AUNGST, MAYOR-COMMISSIONER
J.B. JOHNSON, VICE MAYOR-COMMISSIONER
ED HART, COMMISSIONER
*
BOB ClARK, COMMISSIONER
F. DAVID HEMERJCK, COMMISSIONER
"EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER"
.
.
.
Pergolizzi, Page 2
613 South Missouri Avenue, SECOND Development Review Committee comments
March 16,2001
f.:~~
MISC INFORMATION
1. The site may not physically support 13 parking spaces as required by Code. In the event
13 spaces are not achieved, a request for a parking reduction may be forwarded to the
Community Development Board. Criteria for Comprehensive Infill Redevelopment
Projects and remaining fees totally $730 must be forwarded to the Department.
2. Any requests for a parking reduction should allow flexibility for future uses. Staff
recommends that a minimum of nine parking spaces would be preferred to allow
flexibility for other less intensive uses.
3. In the event the application is changed to a Comprehensive Infill Redevelopment Project
request (parking reductions), building elevations should be improved to better meet the
intent of the Code.
4. Any signage must meet Code and can be approved through a separate sign permit
application.
In addition to specific requested revisions, please respond to the above items in writing. Five
copies of the site plan and all other application materials are needed for resubmittal. In the event
this application proceeds as a Comprehensive Infill Redevelopment Project, 15 copies of the
revised site plan, all application materials and additional fees are needed for resubmittal by
Thursday, March 22, 2001. It should be noted that additional revisions might be requested at a
later date.
If you have any questions, please do not hesitate to call me at 727-562-4504. Thank you for your
interest and investment in the City of Clearwater.
7l!,~c~ I~YO S, <;
W. a G' ns
PI r
CC: Lisa Fierce, Development Review Manager
.
.
Page 1 of 1
.c;ivE!I1~'Flyan
From: Givens, Ryan
Sent: Tuesday. March 27, 2001 10:08 AM
To: 'rpergolizzi@fldesign.com'
Cc: Fierce, Lisa
Subject: Jessica's Place
Robert,
As a follow up to the City's requests for improvements to the site known as Jessica's Place, I thought that I may offer yet
another option. My department and other members of the Development Review Committee feel very strongly about the
improvements addressed in my second DRC comments letter. We also understand that your client has both economic and
time constraints. As a solution I would like to recommend a phased-approach to the improvements. I invite you to present
Ms Fierce and myself with a reasonable, phased-approach of the improvements that may be completed at specific dates. I
feel that this phasing should not exceed one-year from the time of the issuance of a development order. I will leave the
specifics to you to draft and work out with your client.
This is merely an option that may assist your client. I welcome you to discuss this option with your staff and draft a
reasonable phasing proposal.
Sincerely,
W. Ryan Givens.
w. Ryan Givens, Planner
City of Clearwater
Planning & Development Services
100 South Myrtle Avenue
Clearwater, Florida 33756
telephone 727-562-4504
fax 727-562-4576
04/10/2001
.
.
Page 1 of 1
Givens, Ryan
From: Givens, Ryan
Sent: Tuesday, March 27, 2001 10:08 AM
To: 'rpergolizzi@fldesign.com'
Cc: Fierce, Lisa
Subject: Jessica's Place
Robert,
As a follow up to the City's requests for improvements to the site known as Jessica's Place, I thought that I may offer yet
another option. My department and other members of the Development Review Committee feel very strongly about the
improvements addressed in my second DRC comments letter. We also understand that your client has both economic and
time constraints. As a solution I would like to recommend a phased-approach to the improvements. I invite you to present
Ms Fierce and myself with a reasonable, phased-approach of the improvements that may be completed at specific dates. I
feel that this phasing should not exceed one-year from the time of the issuance of a development order. I will leave the
specifics to you to draft and work out with your client.
This is merely an option that may assist your client. I welcome you to discuss this option with your staff and draft a
reasonable phasing proposal.
Sincerely,
W. Ryan Givens.
w. Ryan Givens, Planner
City of Clearwater
Planning & Development Services
100 South Myrtle Avenue
Clearwater, Florida 33756
telephone 727-562-4504
fax 727-562-4576
04/10/2001
.
.
CITY OF
CLEARWATER
PlANNING DEPARTMENT
POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748
MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756
TELEPHONE (727) 562-4567 FAX (727) 562-4576
LONG RANGE PLANNING
DEVELOPMENT REVIEW
HOUSING DMSION
NEIGHBORHOOD SERVICES
March 16, 2001
Mr. Robert C. Pergolizzi, AICP
Florida Design Consultants, Inc.
2639 McCormick Drive
Clearwater, Florida 33759
RE: Development Review Committee comments for 613 South Missouri (FLS 01-01-03).
Dear Mr. Pergolizzi:
The Development Review Committee has reviewed your resubmittal for the property located 613
South Missouri Avenue and determined that there are still several needed revisions before the
committee makes a positive recommendation to the Planning Director and prior to the issuance of
a Development Order. The following lists the Development Review Committee request for
revisions:
SITE PLAN
1. The drive aisle in the front setback is substandard and may not accommodate efficient
circulation; revise site plan to provide a one-way drive aisle with angled parking. The
design shall not include backing into the adjacent right-of-way.
2. The existing curb cut is rather large and should be narrowed to improve safety along
Missouri Avenue; revise site plan to include reconfiguration of the curb cut to one
entrance and one exit. The curb shall be reconstructed pursuant to Florida Department of
Transportation specifications.
LANDSCAPE PLAN
1. The landscape plan does not meet Code, whereas, the Comprehensive Landscape
Program allows for deviations from the dimensional requirements of Code in exchange
for better, more intense landscaping; revise landscape plan to include additional plant
materials on site including a well-designed landscape pattern in the front islands and
planter. (Provide an additional varieties to the indian hawthorne.)
2. The landscaping islands planned for the area near the building may need to be
reconfigure when the parking layout is revised; revise landscape plan to reconfigure the
landscape islands near the front of the building to match future parking layouts.
BRIAN J. AUNGST, MAYOR-COMMISSIONER
J.B. JOHNSON, VICE MAYOR-COMMISSIONER
ED HART, COMMISSIONER
*
BOB ClARK, COMMISSIONER
F. DAVID HEMERlCK, COMMISSIONER
"EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER"
Pergolizzi, Page 2
613 South Missouri Avenue, SECOND Development Review Committee comments
March 16, 2001
.
.
MISC INFORMATION
1. The site may not physically support 13 parking spaces as required by Code. In the event
13 spaces are not achieved, a request for a parking reduction may be forwarded to the
Community Development Board. Criteria for Comprehensive Infill Redevelopment
Projects and remaining fees totally $730 must be forwarded to the Department.
2. Any requests for a parking reduction should allow flexibility for future uses. Staff
recommends that a minimum of nine parking spaces would be preferred to allow
flexibility for other less intensive uses.
3. In the event the application is changed to a Comprehensive Infill Redevelopment Project
request (parking reductions), building elevations should be improved to better meet the
intent of the Code.
4. Any signage must meet Code and can be approved through a separate sign permit
application.
In addition to specific requested revisions, please respond to the above items in writing. Five
copies of the site plan and all other application materials are needed for resubmittal. In the event
this application proceeds as a Comprehensive Infill Redevelopment Project, 15 copies of the
revised site plan, all application materials and additional fees are needed for resubmittal by
Thursday, March 22, 2001. It should be noted that additional revisions might be requested at a
later date.
If you have any questions, please do not hesitate to call me at 727-562-4504. Thank you for your
interest and investment in the City of Clearwater.
t;
CC: Lisa Fierce, Development Review Manager
1-
.
LL
o
>-
FAX
o
Planning and Development Services Administration
100 S. Myrtle Avenue
P.O. Box 4748
Clearwater, Florida 33758-4748
Telephone (727) 562-4567 Fax (727) 562-4576
TO:
Robert Pergolizzi, AICP
FAX:
TELEPHONE:
TELEPHONE:
727 -724-8606
727-724-8422
727-562-4504
Ryan Givens
FROM:
SUBJECT: SECOND Development Review Committee Comments - 613 South Missouri Avenue
NUMBER OF PAGES
INCLUDING COVER:
DATE:
March 16,2001
I have drafted a letter that highlights the Development Review Committee's request for
additional revisions. Please inform me of your client's decision so that I may complete my
staff report that states our recommendation to the Planning Director. The Director will then
chose to approve, approve with conditions or deny the applications. Any appeals will be
heard by the Community Development Board.
I
~
.
FLORIDA DESIGN CONSULTANTS, INC.
ENGINEERS, ENVIRONMENTALISTS, SURVEYORS & PLANNERS
February 23,2001
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Mr. Ryan Givens
City of Clearwater
100 S. Myrtle Avenue
Clearwater, FL 33756
. .,,-J
Re: Jessica's Place - 613 S. Missouri Avenue
Dear Ryan:
Enclosed are five (5) copies of the Site Plan for Jessica's Place. We have made revisions as per the
direction we received from City staff from the DRC meeting held on February 15, 2001. Please note
that we have made the following revisions:
1. The two (2) parking spaces in the north central area of the site have been routed 900 for
eaSIer access.
2. The proposed landscape area at the northwest comer of the site has been eliminated, as
has the existing sign in this location in order to facilitate vehicular traffic along the north
side of the building.
3. A note has been added indicating that a sign will be added to the face of the building in
accordance with City Code.
4. A note has been added indicating that the asphalt will either be overlaid or sealed in order
to improve its appearance prior to the installation of the striping as shown on the Site
Plan.
It is my understanding that the owner has agreed to paint a portion of the building in order improve its
appearance. I have assumed that you would make that a condition of Site Plan approval.
Lastly, while I recognize the staffs desire to angle the parking proposed at the front of the building in
order to have some additional landscaping installed along Missouri Avenue, we believe this would put
our client in an untenable position. This would not only require obtaining a permit from the Florida
Department of Transportation which could cost as much as $6,000 and take as much as 90-180 days, but
it would also eliminate several parking spaces which would then require this project to come before the
2639 McCORMICK DRIVE. CLEARWATER, FLORIDA 33759
Tel: (727) 724-8422 · Fax: (727) 724-8606
Mr. Ryan Givens
February 23,2001
Page 2
.
.
Community Development Board to ask for a reduction in parking spaces. I appreciate the fact that you
pointed out that a used furniture store per ITE code requires fewer parking spaces than we proposed.
However, the use of this building as a used furniture establishment may only be temporary. Reducing
the parking spaces would have a negative effect on our client's ability to find a future tenant that did not
require the standard amount of parking spaces that the site can accommodate. In our opinion, this will
place a hardship on the property owner and, in our opinion, should not be required.
Please let me know if you have any questions or if you would like to discuss this matter further.
Sincerely,
Edward Mazur, Jr., P .E.
President
:es
L:\2001 Letters\givens-3.doc
Encl.
c: Ted Turner
Ed Armstrong
Robert Pergolizzi
File 997-111
-
t
. .
CITY OF CLEARWATER
PlANNING DEPARTMENT
POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748
MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756
TELEPHONE (727) 562-4567 FAX (727) 562-4576
LONG RANGE PLANNING
DEVELOPMENT REvIEW
HOUSING DMSION
NEIGHBORHOOD SERVICES
February 14, 2001
Mr. B.D. Armstrong, Ill, Esq.
Johnson, Blakely, Pope, Boker, Ruppel & Bums, P.A.
911 Chestnut Street
Clearwater, Florida 33756
RE: Development Review Committee comments for 613 South Missouri (FLS 01-01-03).
Dear Mr. Armstrong:
The Development Review Committee has reviewed your submittal for the property
located 613 South Missouri Avenue and determined that several revisions are needed
before staff makes a final recommendation and prior to the issuance of a Development
Order. The following lists the Development Review Committee request for revisions:
SITE PLAN
1. The two parking spaces near the north property line (rear of the building) will not
function adequately due to the narrow drive aisle; revise site plan to remove these
spaces due to their lack of accessibility.
2. The drive aisle in the front setback is far too narrow to accommodate efficient
circulation and reasonable landscaping; revise site plan to provide fewer parking
spaces and allow for an angled parking layout. The drive aisle should be reconfigure
to operate in a one-way manner.
3. The existing curb cut is rather large and should be narrowed to improve safety along
Missouri A venue; revise site plan to include reconfiguration of the curb cut to one
entrance and one exit. The curb shall be reconstructed pursuant to Florida Department
of Transportation specifications.
4. The landscaping island along the northwest comer of the site may prevent efficient
traffic circulation; revise site plan to remove this island.
5. There is an existing abandoned sign base near the right-of-way; revise site plan to
indicate the sign base is to be removed.
LANDSCAPE PLAN
1. A change in use requires compliance with the landscaping section of Code; revise
landscape plan to better meet the intend of the City's landscaping requirement
including provided a continuous landscape island along the front property line.
BRIAN]. AUNGST, MAYOR-COMMISSIONER
].B. JOHNSON, VICE MAYOR-COMMISSIONER
ED HART, COMMISSIONER
*
BOB ClARK, COMMISSIONER
ED HOOPER, COMMISSIONER
"EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER"
t
Armstrong, Page 2
613 South Missouri Avenue, Development Review Committee comments
February 14,2001
.
.
2. The landscaping island along the northwest corner of the site may prevent efficient
traffic circulation; revise landscape plan to remove this island.
3. The landscaping islands planned for the area near the building may need to be
reconfigure when the parking layout is revised; revise landscape plan to reconfigure
the landscape islands near the front of the building to match future parking layouts.
MIse INFORMATION
1. The site may not physically support 13 parking spaces as required by Code. In the
event 13 spaces are not achieved, a request for a parking reduction may be
forwarded to the Community Development Board. Criteria for Comprehensive
Infill Redevelopment Projects and remaining fees totally $730 must be forwarded
to the Department.
2. Any requests for a parking reduction should allow flexibility for future uses. Staff
recommends that a minimum of nine parking spaces would be preferred to allow
flexibility for other less intensive uses.
3. In the event the application is changed to a Comprehensive Infill Redevelopment
Project request, building elevations should be improved to better meet the intent
of the Code and this special use category.
4. Any signage must meet Code and can be approved through a separate sign permit
application.
In addition to specific requested revisions, please respond to the above items in writing.
Five copies of the site plan and all other application materials are needed for resubmittal.
In the event this application proceeds as a Comprehensive Infill Redevelopment Project,
15 copies of the revised site plan, all application materials and additional fees are needed
for resubmittal by Tuesday, February 20, 2001. It should be noted that additional
revisions might be requested at a later date. If you have any questions, please do not
hesitate to call me at 727-562-4504. Thank you for your interest and investment in the
City of Clearwater.
~~>
Planner
~. .' ,..
:-.. ..' j~:t;~t
"',,. .'L.,<~;-'-'",
. .
CITY OF CLEARWATER
PlANNING DEPARTMENT
POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748
MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756
TELEPHONE (727) 562-4567 FAX (727) 562-4576
LONG RANGE PLANNING
DEVELOPMENT REvIEW
HOUSING DMSION
NEIGHBORHOOD SERVICES
February 14,2001
Mr. E.D. Armstrong, ill, Esq.
Johnson, Blakely, Pope, Boker, Ruppel & Bums, P.A.
911 Chestnut Street
Clearwater, Florida 33756
RE: Development Review Committee comments for 613 South Missouri (FLS 01-01-03).
Dear Mr. Armstrong:
The Development Review Committee has reviewed your submittal for the property
located 613 South Missouri Avenue and determined that several revisions are needed
before staff makes a final recommendation and prior to the issuance of a Development
Order. The following lists the Development Review Committee request for revisions:
SITE PLAN
1. The two parking spaces near the north property line (rear of the building) will not
function adequately due to the narrow drive aisle; revise site plan to remove these
spaces due to their lack of accessibility.
2. The drive aisle in the front setback is far too narrow to accommodate efficient
circulation and reasonable landscaping; revise site plan to provide fewer parking
spaces and allow for an angled parking layout. The drive aisle should be reconfigure
to operate in a one-way manner.
3. The existing curb cut is rather large and should be narrowed to improve safety along
Missouri A venue; revise site plan to include reconfiguration of the curb cut to one
entrance and one exit. The curb shall be reconstructed pursuant to Florida Department
of Transportation specifications.
4. The landscaping island along the northwest comer of the site may prevent efficient
traffic circulation; revise site plan to remove this island.
5. There is an existing abandoned sign base near the right-of-way; revise site plan to
indicate the sign base is to be removed.
LANDSCAPE PLAN
1. A change in use requires compliance with the landscaping section of Code; revise
landscape plan to better meet the intend of the City's landscaping requirement
including provided a continuous landscape island along the front property line.
BRIAN]. AUNGST, MAYOR-COMMISSIONER
].B. JOHNSON, VICE MAYOR-COMMISSIONER
ED HART, COMMISSIONER
(!)
BOB CLARK, COMMISSIONER
ED HOOPER, COMMISSIONER
"EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER"
Armstrong, Page 2
613 South Missouri Avenue, Development Review Committee comments
February 14,2001
.
.
2. The landscaping island along the northwest corner of the site may prevent efficient
traffic circulation; revise landscape plan to remove this island.
3. The landscaping islands planned for the area near the building may need to be
reconfigure when the parking layout is revised; revise landscape plan to reconfigure
the landscape islands near the front of the building to match future parking layouts.
MIse INFORMATION
1. The site may not physically support 13 parking spaces as required by Code. In the
event 13 spaces are not achieved, a request for a parking reduction may be
forwarded to the Community Development Board. Criteria for Comprehensive
Infill Redevelopment Projects and remaining fees totally $730 must be forwarded
to the Department.
2. Any requests for a parking reduction should allow flexibility for future uses. Staff
recommends that a minimum of nine parking spaces would be preferred to allow
flexibility for other less intensive uses.
3. In the event the application is changed to a Comprehensive Infill Redevelopment
Project request, building elevations should be improved to better meet the intent
of the Code and this special use category.
4. Any signage must meet Code and can be approved through a separate sign permit
application.
In addition to specific requested revisions, please respond to the above items in writing.
Five copies of the site plan and all other application materials are needed for resubmittal.
In the event this application proceeds as a Comprehensive Infill Redevelopment Project,
15 copies of the revised site plan, all application materials and additional fees are needed
for resubmittal by Tuesday, February 20, 2001. It should be noted that additional
revisions might be requested at a later date. If you have any questions, please do not
hesitate to call me at 727-562-4504. Thank you for your interest and investment in the
City of Clearwater.
~~>
Planner
CC: Robert Pergolizzi, AICP
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CITY OF CLEARWATER
PlANNING DEPARTMENT
POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748
MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756
TELEPHONE (727) 562-4567 FAX (727) 562-4576
LONG RANGE PLANNING
DEVELOPMENT REviEW
HOUSING DMSION
NEIGHBORHOOD SERVICES
February 14,2001
Mr. B.D. Armstrong, Ill, Esq.
Johnson, Blakely, Pope, Boker, Ruppel & Bums, P.A.
911 Chestnut Street
Clearwater, Florida 33756
RE: Development Review Committee comments for 613 South Missouri (FLS 01-01-03).
Dear Mr. Armstrong:
The Development Review Committee has reviewed your submittal for the property
located 613 South Missouri A venue and determined that several revisions are needed
before staff makes a final recommendation and prior to the issuance of a Development
Order. The following lists the Development Review Committee request for revisions:
SITE PLAN
1. The two parking spaces near the north property line (rear of the building) will not
function adequately due to the narrow drive aisle; revise site plan to remove these
spaces due to their lack of accessibility.
2. The drive aisle in the front setback is far too narrow to accommodate efficient
circulation and reasonable landscaping; revise site plan to provide fewer parking
spaces and allow for an angled parking layout. The drive aisle should be reconfigure
to operate in a one-way manner.
3. The existing curb cut is rather large and should be narrowed to improve safety along
Missouri A venue; revise site plan to include reconfiguration of the curb cut to one
entrance and one exit. The curb shall be reconstructed pursuant to Florida Department
of Transportation specifications.
4. The landscaping island along the northwest comer of the site may prevent efficient
traffic circulation; revise site plan to remove this island.
5. There is an existing abandoned sign base near the right-of-way; revise site plan to
indicate the sign base is to be removed.
LANDSCAPE PLAN
1. A change in use requires compliance with the landscaping section of Code; revise
landscape plan to better meet the intend of the City's landscaping requirement
including provided a continuous landscape island along the front property line.
BRIAN]. AUNGST, MAYOR-COMMISSIONER
].B. JOHNSON, VICE MAYOR-COMMISSIONER
ED HART, COMMISSIONER
*
BOB ClARK, COMMISSIONER
ED HOOPER, COMMISSIONER
"EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER"
Armstrong, Page 2
613 South Missouri Avenue, Development Review Committee comments
February 14,2001
.
.
2. The landscaping island along the northwest comer of the site may prevent efficient
traffic circulation; revise landscape plan to remove this island.
3. The landscaping islands planned for the area near the building may need to be
reconfigure when the parking layout is revised; revise landscape plan to reconfigure
the landscape islands near the front of the building to match future parking layouts.
MIse INFORMATION
1. The site may not physically support 13 parking spaces as required by Code. In the
event 13 spaces are not achieved, a request for a parking reduction may be
forwarded to the Community Development Board. Criteria for Comprehensive
Infill Redevelopment Projects and remaining fees totally $730 must be forwarded
to the Department.
2. Any requests for a parking reduction should allow flexibility for future uses. Staff
recommends that a minimum of nine parking spaces would be preferred to allow
flexibility for other less intensive uses.
3. In the event the application is changed to a Comprehensive Infill Redevelopment
Project request, building elevations should be improved to better meet the intent
of the Code and this special use category.
4. Any signage must meet Code and can be approved through a separate sign permit
application.
In addition to specific requested revisions, please respond to the above items in writing.
Five copies of the site plan and all other application materials are needed for resubmittal.
In the event this application proceeds as a Comprehensive Infill Redevelopment Project,
15 copies of the revised site plan, all application materials and additional fees are needed
for resubmittal by Tuesday, February 20, 2001. It should be noted that additional
revisions might be requested at a later date. If you have any questions, please do not
hesitate to call me at 727-562-4504. Thank you for your interest and investment in the
City of Clearwater.
?4~7
Plar VI
.
.
C IT Y
OF
CLEARWATER
PLANNING DEPARTMENT
POST OFFICE Box 4748, CLEARWATER, FLORlDA 33758-4748
MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORlDA 33756
TELEPHONE (727) 562-4567 FAX (727) 562-4576
LONG RANGE PLANNING
DEVELOPMENT REvIEW
HOUSING DNISION
NEIGHBORHOOD SERVICES
February 7, 2001
RE: NOTICE OF FILING OF AN APPLICATION FOR FLEXIBLE STANDARD DEVELOPMENT
APPROVAL AT 613 SOUTH MISSOURI AVENUE (FLS 01-01-03)
To Whom It May Concern:
The Clearwater Planning Department has received an application for Flexible Standard Development from
Ted Turner for the property at 613 South Missouri Avenue. The request is for Flexible Standard approval
to permit a change of use from light manufacturing to retails sales. The building will be used as a furniture
store. If the application demonstrates compliance with the requirements of the development code, the
Planning Director will approve or approve with conditions the application. If the application does not
demonstrate compliance, the Planning Director will deny the application.
Pursuant to Section 4-202 C. of the Clearwater Community Development Code, the Planning Department
shall notify the owners of the properties with in 200 feet of the property that is the subject of the application
that an application has been filed. You have the right to appeal the decision of the Planning Director to the
Community Development Board regarding the above-referenced application. Should you choose to appeal
the decision, an application for appeal must be received by the Planning Department within seven days of
the date the development order is issued. A fee of $250 must accompany the application for appeal
The application will be reviewed for sufficiency by the Development Review Committee (DRC) on
February 15, 2001 in the Planning Department conference room - Room 216 - on the second floor of the
Municipal Services Building, 100 South Myrtle Avenue in Clearwater. Should you choose to observe the
meeting, please call no earlier than one week prior to the meeting date for the review time. If you wish to
know the outcome of the meeting or have any questions, please do not hesitate to call me at 727-562-4504.
~'4~ (
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BRIAN l AUNGST, MAYOR-COMMISSIONER
lB. JOHNSON, VICE MAYOR-COMMISSIONER
ED HART, COMMISSIONER
*
BOB CLARK, COMMISSIONER
ED HOOPER, COMMISSIONER
"EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER"
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ARWATER
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PlANNING DEPARTMENT
POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748
MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756
TELEPHONE (727) 562-4567 FAX (727) 562-4576
LONG RANGE PLANNING
DEVELOPMENT REviEW
HOUSING DIVISION
NEiGHBORHOOD SERVICES
February 7, 2001
RE: NOTICE OF FILING OF AN APPLICATION FOR FLEXIBLE STANDARD DEVELOPMENT
APPROV AL AT 613 SOUTH MISSOURI AVENUE (FLS 01-01-03)
To Whom It May Concern:
The Clearwater Planning Department has received an application for Flexible Standard Development from
Ted Turner for the property at 613 South Missouri Avenue. The request is for Flexible Standard approval
to permit a change of use from light manufacturing to retails sales. The building will be used as a furniture
store. If the application demonstrates compliance with the requirements of the development code, the
Planning Director will approve or approve with conditions the application. If the application does not
demonstrate compliance, the Planning Director will deny the application.
Pursuant to Section 4-202 C. of the Clearwater Community Development Code, the Planning Department
shall notify the owners of the properties with in 200 feet of the property that is the subject of the application
that an application has been filed. You have the right to appeal the decision of the Planning Director to the
Community Development Board regarding the above-referenced application. Should you choose to appeal
the decision, an application for appeal must be received by the Planning Department within seven days of
the date the development order is issued. A fee of $250 must accompany the application for appeal
The application will be reviewed for sufficiency by the Development Review Committee (DRC) on
February 15, 2001 in the Planning Department conference room - Room 216 - on the second floor of the
Municipal Services Building, 100 South Myrtle Avenue in Clearwater. Should you choose to observe the
meeting, please call no earlier than one week prior to the meeting date for the review time. If you wish to
know the outcome of the meeting or have any questions, please do not hesitate to call me at 727-562-4504.
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Plan71I7
BRlAN J. AUNGST, MAYOR-COMMISSIONER
J.B. JOHNSON, VICE MI\YOR-COMMISSIONER
ED HART, COMMISSIONER
*
BOB ClARK, COMMISSIONER
ED HOOPER, COMMISSIONER
"EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER"
e
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CITY OF
CLEARWATER
PLANNING DEPARTMENT
POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748
MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756
TELEPHONE (727) 562-4567 FAX (727) 562-4576
LONG RANGE PLANNING
DEVELOPMENT REVIEW
HOUSING DMSION
NEIGHBORHOOD SERVICES
February 7, 2001
RE: NOTICE OF FILING OF AN APPLICATION FOR FLEXIBLE STANDARD DEVELOPMENT
APPROVAL AT 613 SOUTH MISSOURI AVENUE (FLS 01-01-03)
To Whom It May Concern:
The Clearwater Planning Department has received an application for Flexible Standard Development from
Ted Turner for the property at 613 South Missouri Avenue. The request is for Flexible Standard approval
to permit a change of use from light manufacturing to retails sales. The building will be used as a furniture
store. If the application demonstrates compliance with the requirements of the development code, the
Planning Director will approve or approve with conditions the application. If the application does not
demonstrate compliance, the Planning Director will deny the application.
Pursuant to Section 4-202 C. of the Clearwater Community Development Code, the Planning Department
shall notify the owners of the properties with in 200 feet of the property that is the subject of the application
that an application has been filed. You have the right to appeal the decision of the Planning Director to the
Community Development Board regarding the above-referenced application. Should you choose to appeal
the decision, an application for appeal must be received by the Planning Department within seven days of
the date the development order is issued. A fee of $250 must accompany the application for appeal
The application will be reviewed for sufficiency by the Development Review Committee (DRC) on
February 15, 2001 in the Planning Department conference room - Room 216 - on the second floor of the
Municipal Services Building, 100 South Myrtle Avenue in Clearwater. Should you choose to observe the
meeting, please call no earlier than one week prior to the meeting date for the review time. If you wish to
know the outcome of the meeting or have any questions, please do not hesitate to call me at 727-562-4504.
~/t~ <:
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Plan717
BRIAN]. AUNGST, MAYOR-COMMISSIONER
].B. JOHNSON, VICE MAYOR-COMMISSIONER
ED HART, COMMISSIONER
*
BOB ClARK, COMMISSIONER
ED HOOPER, COMMISSIONER
"EQUAL 'EMPLOYMENT AND AFFIRMATNE ACTION EMPLOYER"
.
CITY OF
.
CLEARWATER
PIANNING DEPARTMENT
POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748
MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756
TELEPHONE (727) 562-4567 FAX (727) 562-4576
LONG RANGE PLANNING
DEVELOPMENT REVIEW
HOUSING DMSION
NEIGHBORHOOD SERVICES
January 30, 2001
Mr. Pedro Ortiz
613 Missouri Avenue
Clearwater, Florida 33756
Dear Mr. Ortiz
The property located at 613 Missouri Avenue was previously used as light manufacturing. The
proposed use, Jessica's Place, a retail sales establishment, is considered a change of use. A
change of use for a parcel must meet the parking and landscaping requirements of Code. These
requirements must be met prior to the issuance of an Occupational License.
The property owner, Mr. Ted Turner, has filed a Flexible Standard application to reduce the
number of required parking to 5 spaces per 1,000 square feet of gross floor area to 4 spaces per
1,000 square feet of gross floor area and a Comprehensive Landscape Program to reduced the
amount of required landscaping for the property. The application will be reviewed by the
Development Review Committee on February 15, 2001 and give a recommendation to the
Planning Director. The Director will then approve, approve with conditions, or deny the
application. In the event the application is approved or approved with conditions, the property
owner will be presented with a Development Order that specifies approvals for the parcel.
An Occupation License for a change of use can only be granted for the site at 613 Missouri
A venue with a valid Development Order. Approval for the change of use and the pending
application should not be expected until after the appeal period ending on February 22, 2001.
If you have any further questions, please do not hesitate to call me at 727-562-4504.
;;:~c.e ely,
w. ~f--
PIa n~v~ns,
S:\Planning Department\zoning Itrs\613 Missouri Ave.doc
BRIAN J. AUNGST, MAYOR-COMMISSIONER
J,B. JOHNSON, VICE MAYOR-COMMISSIONER
ED HART, COMMISSIONER
*
BOB ClARK, COMMISSIONER
ED HOOPER, COMMISSIONER
"EQUAL EMPLOYMENT AND AFFIRMATfYE ACTION EMPLOYER"
-
.
Mr. Ryan Givens, Planner
City of Clearwater Planning Department
100 S. Myrtle Avenue, 2nd Floor
Clearwater, FL 33756
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FLORIDA DESIGN CONSULTANTS, INC.
ENGINEERS, ENVIRONMENTALISTS, SURVEYORS & PLANNERS
January 30,2001
Mr. Ryan Givens, Planner
City of Clearwater Planning Department
100 S. Myrtle Avenue, 2nd Floor
Clearwater, FL 33756
Re: Jessica's Place - 613 S. Missouri Avenue
Dear Mr. Givens:
As you requested in our submittal meeting, enclosed is the Affidavit to Authorize Agent for the above
referenced project. I understand the DRC meeting is scheduled for February 15, 2001, due to a conflict
in the afternoon it would be appreciated if this item could be placed on the early morning agenda.
Sincerely,
Rof!M
Vice President! Transportation and Planning
:cp
Encl.
L:\2001 Letters\givens.doc
c: Ted Turner
E.D. Armstrong
997-111
2639 McCORMICK DRIVE. CLEARWATER, FLORIDA 33759
Tel: (727) 724-8422 · Fax: (727) 724-8606
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CITY OF
CLEARWATER
PlANNING DEPARTMENT
POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748
MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756
TELEPHONE (727) 562-4567 FAX (727) 562-4576
LONG RANGE PLANNING
DEVELOPMENT REVIEW
HOUSING DMSION
NEIGHBORHOOD SERVICES
January 26, 2001
Mr. E.D. Armstrong, III, Esq.
Johnson, Blakely, Pope, Boker, Ruppel & Burns, P.A.
911 Chestnut Street
Clearwater, Florida 33756
RE: Application for Flexible Standard approval (FLS 01-01-03) to reduce the number of
required parking spaces from 16 to 13 spaces and a Comprehensive Landscape Program.
Dear Mr. Armstrong:
The Planning staff has reviewed your application to reduce the number of required parking from
16 spaces to 13 spaces and a Comprehensive Landscape Program for the property at 613 South
Missouri A venue and determined that the application is complete. The application has been
entered into the Department's filing system and assigned the case number: FLS 01-01-03.
The Development Review Committee will review the application for sufficiency on February 15,
2001 in the Planning Department conference room - Room 216 - on the second floor of the
municipal service building, 100 South Myrtle Avenue in Clearwater. Please call no earlier than
one week prior to the meeting date for the approximate time that your case will be reviewed.
You or a representative must be present to answer any questions that the committee may have
regarding your application.
If you have any questions, please do not hesitate to call me at 727-562-4504. Thank you for your
interest and investment in the City of Clearwater.
Cc. Mr. Robert Pergolizzi, Florida Design Consultants
BRIAN J. AU1'iGST, MAYOR-COMMISSIONER
J.B. JOHNSON, VICE MAYOR-COMMISSIONER
ED HART, COMMISSIONER
*
BOB ClARK, COMMISSIONER
ED HOOPER, COMMISSIONER
"EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER"
.
CITY OF
.
CLEARWATER
PLANNING DEPARTMENT
POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748
MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756
TELEPHONE (727) 562-4567 FAX (727) 562-4576
LONG RANGE PLANNING
DEVELOPMENT REvIEW
HOUSING DMSION
NEIGHBORHOOD SERVICES
January 30, 2001
Mr. Pedro Ortiz
613 Missouri Avenue
Clearwater, Florida 33756
Dear Mr. Ortiz
The property located at 613 Missouri Avenue was previously used as light manufacturing. The
proposed use, Jessica's Place, a retail sales establishment, is considered a change of use. A
change of use for a parcel must meet the parking and landscaping requirements of Code. These
requirements must be met prior to the issuance of an Occupational License.
The property owner, Mr. Ted Turner, has filed a Flexible Standard application to reduce the
number of required parking to 5 spaces per 1,000 square feet of gross floor area to 4 spaces per
1,000 square feet of gross floor area and a Comprehensive Landscape Program to reduced the
amount of required landscaping for the property. The application will be reviewed by the
Development Review Committee on February 15, 2001 and give a recommendation to the
Planning Director. The Director will then approve, approve with conditions, or deny the
application. In the event the application is approved or approved with conditions, the property
owner will be presented with a Development Order that specifies approvals for the parcel.
An Occupation License for a change of use can only be granted for the site at 613 Missouri
Avenue with a valid Development Order. Approval for the change of use and the pending
application should not be expected until after the appeal period ending on February 22, 2001.
If you have any further questions, please do not hesitate to call me at 727-562-4504.
;;:~c.e ely,
w. ~f:-
PIa ne~v~ns,
S:\Planning Department\zoning ltrs\613 Missouri Ave.doc
BRIAN J. AUi'iGST, MA YOR-COMMISSIOl\ER
J.B. JOHNSON, VICE MAYOR-COMMISSIONER
ED HART, COMMISSIONER
*
BOB ClARK, COM,\llSSIOi'iER
ED HOOPER, COMMISSIOl\ER
"EQUAl. EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER"
JOHNSON, .KELY, POPE, BOKOR, RUPPEL ~URNS, P.A.
ATTORNEYS AND COUNSELLORS AT LAW
t
E. D. ARMSTRONG III
BRUCE W. BARNES
JOHN T. BLAKELY
BRUCE H. BOKOR
GUY M. BURNS
JONATHAN S. COLEMAN
MICHAEL T. CRONIN
ROBERT M. DAIS LEY
ELIZABETH J. DANIELS
MARION HALE
SCOTT C. ILGENFRITZ
FRANK R. JAKES
TIMOTHY A. JOHNSON, JR.
SHARON E. KRICK
ROGER A. LARSON
JOHN R. LAWSON, JR..
MICHAEL G. LITTLE
MICHAEL C. MARKHAM
STEPHANIE T. MARQUARDT
A.R. "CHARLIE" NEAL
F. WALLACEPOPE,JR.
ROBERT V. POTTER, JR.
DONALD P. REED
DARRYL R. RICHARDS
PETER A. RIVELLINI
DENNIS G. RUPPEL.
CHARLES A. SAMARKOS
PHILIP M. SHASTEEN
JOAN M. VECCHIOLI
STEVEN H. WEINBERGER
AMBER F. WILLIAMS
JULIUS J. ZSCHAU
'OF COUNSEL
PLEASE REPLY TO CLEARWATER
FILE NO.1 03257
January 24, 2001
James W. Bauman, Esquire
1008 Drew Street
Clearwater, FI 33755
Re: Mr. and Mrs. Pedro Ortiz
Dear Mr. Bauman
Please be advised that I represent Mr. Turner, the POA for Mr. and Mrs. Ortiz's
landlord, Reba Turner. Mr. Turner has referred your letter dated December 28,2000, to
my attention.
As you are aware, the City of Clearwater amended its ordinances to require
additional parking spaces. To insure that this did not disrupt your client's business, Mr.
Turner negotiated a settlement with the City of Clearwater. The City of Clearwater and
your landlord are currently involved in negotiations to insure that adequate parking is
available at the leased premises. The City of Clearwater has assured Mr. Turner that
no enforcement proceeding will be undertaken as long as the parties work in good faith
to remedy the non-compliance as to both parking and landscaping requirements. Mr.
Turner is doing this. Therefore, your clients can continue to do business at the leased
premises.
To assist in settling this matter with the City of Clearwater, Mr. Turner hired
Florida Design Consultants. I have been informed by a representative of Florida Design
Consultants that we need a letter from Mr. and Mrs. Ortiz as to the number of parking
spaces that they would need on a typical day. This will assist us in speeding up the
process so that we can obtain the variance that is needed for the parking and
landscaping requirements at the leased premises.
CLEARWATER OFFICE
911 CHESTNUT STREET
POST OFFICE BOX 1368
CLEARWATER, FLORIDA 33757-1368
TELEPHONE: (727) 461.1818
TELECOPIER (727) 462-0365
TAMPA OFFICE
100 NORTH TAMPA STREET
SUITE 1800
POST OFFICE BOX 1100
TAMPA, FLORIDA 33602-5145
TELEPHONE (813) 225-2500
TELECOPIER (727)462-0365
NAPLES OFFICE
975 SIXTH AVE. S
POST OFFICE BOX 1368
NAPLES, FLORIDA 34102
TELEPHONE: (941) 435-0035
TELECOPIER: (941) 435.9992
-#
JOHNSON,tAKELV, POPE, BOKOR, RUPPE~ BURNS, P.A.
ATTORNEYS AND COUNSELLORS AT LAW
James Bauman, Esquire
January 24, 2001
Page 2
Since the City of Clearwater has assured us that Mr. and Mrs. Ortiz may continue
to operate the retail store, there are no grounds to terminate the lease. Accordingly, we
must ask that your clients comply with the terms of the lease by paying both the
December 2000 and January 2001 rent.
Sincerely,
~h~'L~
Sharon E. Krick
SEK:dh
cc: Mr. Turner
230793
"
. .
fames> C}f! (lJatuna/l/
Attorney At Law
December 28, 2000
Mr. Teddy D. Turner,
POA for Reba C. Turner
c/o Frank George
Century 21-Condon-Meek, Inc.
1211 Court Street
Clearwater, FL 33756-5897
Re: My clients: Mr. and Mrs. Pedro Ortiz/Eviction Notice
Dear Mr. Turner:
This law office represents Mr. and Mrs. Pedro Ortiz, d/b/a Jessica's Place,
who entered into a lease with you on or about July 10, 2000, on property
located at 613 South Missouri Avenue.
Pursuant to the Three Day Notice to Pay Rent or Deliver Possession received
by them on December 28, 2000, please be advised that my clients dispute
and reject the contention that monies are, in fact, due and owing.
At the time the lease was entered into, my clients were informed by your
agent, Mr. Frank George, of Condon-Meek, Inc., that the leased property
was, in fact, properly zoned for their use. Mr. and Mrs. Ortiz would not
have entered into this lease but for this representation by your agent. In
fact, the premises are not zoned properly and, therefore, my clients are
unable to get an occupational license to legally operate the business.
According to the City of Clearwater, the leased premises operating as a retail
sales and service business, needs 4 to 5 parking spaces per 1000 of square
footage. According to the City's charts and maps, there is approximately
3,000 square feet on the leased property, and, therefore, 12 to 15 parking
spaces are needed. According to the City, parking is not permitted in front
of the premises: therefore, my clients find themselves unable to get an
occupational licenses because the premises do not meet the City's
requirements for adequate parking.
1008 Drew Street · Clearwater, FL 33755 · (727) 446-5553 · FAX (727) 446-5732
.
.
Mr. Teddy D. Turner
December 28, 2000
Page 2
It would appear that you, as the owner, must rectify this situation before my
client can continue in business. Because of the fact that this may take
many months, this is not a practical solution. Therefore, on behalf of my
clients, I would propose the following:
1. The deposit of $2,400 that is currently with you be applied to
the rent for the time period of December 10, 2000, through January 10,
2001 ;
2. The parties enter into a written termination of the lease; and
3. The monies paid toward rent for the last month of the lease,
which amounts to approximately $1,000, be returned to Mr. and Mr. Ortiz
for purposes of relocating. They will of course have to relocate to other
premises and will incur additional costs and storage in that regard.
All of this is necessitated because of the misrepresentation by your agent
that the premises were suitably zoned. Mr. and Mrs. Ortiz will contest any
eviction proceedings and have, in fact, deposited in an escrow account,
rents as have been demanded. However, as a practical solution, I offer the
above. I will await your earliest reply. I am by copy sending this letter to
Attorney E. D. Armstrong III, not knowing for sure that he continues to
represent the interests of the landlord.
Thank you for your attention and cooperation .
Very truly yours,
/hm
cc: Mr. and Mrs. Pedro Ortiz
E. D. Armstrong III, Esq.
1008 Drew Street · Clearwater. FL 34615 · (813) 446-5553
Ontut;
- 21
..........- r .
.
.
Condon-Meek, Inc., Realtors@
1211 Court Street
Clearwater, Florida 33756-5897
(727) 446-4094
(727) 449-1964 Fax
Mr. Ted Turner
150 Suncrest Drive
Safety Harbor, FI 34695
Re; 613 South Missouri
Dear Ted:
Pedro Ortiz informed me today that he is closing the business
known as Jessica's Place as of the close of business on December
1,2000.The Zoning Department of the City of Clearwater informed
them that they are subject to closure and fine.
Please see if you can get some relief on this problem. Mr.Ortiz
does not want to leave 613 South Missouri, but he cannot
continue under these conditions.
Si~CerelY, . ~}
~-L_ / -~7--
Frank George, Property Manager
lB
fHALTOR'
E 8ch Office is Independently Owned and Operated
JOHNSON,.AKELY, POPE, BOKOR, RUPPE~ BURNS, P.A.
ATTORNEYS AND COUNSELLORS AT LAW
E. D. ARMSTRONG III
BRUCE W. BARNES
JOHN T. BLAKELY
BRUCE H. BOKOR
GUY M. BURNS
JONATHAN S. COLEMAN
MICHAEL T. CRONIN
ROBERT M. DAISLEY
ELIZABETH J. DANIELS
MARION HALE
SCOTT C. ILGENFRITZ
FRANK R. JAKES
TIMOTHY A. JOHNSON, JR.
SHARON E. KRICK
ROGER A. LARSON
JOHN R. LAWSON, JR..
MICHAEL G. LITTLE
MICHAEL C. MARKHAM
STEPHANIE T. MARQUARDT
A.R. "CHARLIE" NEAL
F. WALLACE POPE, JR.
ROBERT V. POTTER, JR.
DONALD P. REED
DARRYL R. RICHARDS
PETER A. RIVELLINI
DENNIS G. RUPPEL"
CHARLES A. SAMARKOS
PHILIP M. SHASTEEN
JOAN M. VECCHIOLI
STEVEN H. WEINBERGER
AMBER F. WILLIAMS
JULIUS J. ZSCHAU
.OF COUNSEL
PLEASE REPLY TO CLEARWATER
FILE NO. 42004.103257
December 6,2000
Pedro & Maria Ortiz
Jessica's Place
613 Missouri Avenue
Clearwater, FL 33756
Re: Jessica's Place
Dear Mr. and Mrs. Ortiz:
Pursuant to the request of your Landlord, Ted Turner, and Property Manager,
Frank George, Jr., I have become involved on your behalf regarding the referenced
matter. Based upon my telephone conversations with Lisa Fierce and Jeff
Kronschnabel of the City of Clearwater, no enforcement proceeding will be undertaken
as long as we continue working in good faith to remediate the non-compliance as to
parking and landscaping requirements. They have asked that we immediately report to
them the name of any inspector who comes to visit you and gives you a contrary
impression.
Please contact me directly if there is another communication from the City in this
regard.
Very truly yours,
JOHNSON, BLAKELY, POPE, BOKOR,
RUPPEL & BURNS, P.A.
1 '''~T.f-'-
~.) r"-\ /1":, J r,l Il.____
/ I '// ;, ~1' ,,~,_'i'." -'-~ .",.-...--_.#-;
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t' /..r::,A"l.YJ! l",)" i '- ,I //(
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E. D. Armstrong III '
EDNlrc
Cc: Mr. Ted Turner
SiCNED I~'i A /U3SEi\!CE
TO PREVENT DelAY IN MAiliNG
CLEARWATER OFFICE
911 CHESTNUT STREET
POST OFFICE BOX \368
CLEARWATER, FLORIDA 33757-1368
TELEPHONE: (727) 461-1818
TELECOPIER (727) 462-0365
TAMPA OFFICE
100 NORTH TAMPA STREET
SUITE 1800
POST OFFICE BOX 1100
TAMPA, FLORIDA 33602-5145
TELEPHONE (8 \3) 225-2500
TELECOPIER (727)462 0365
NAPLES OFFICE
975 SIXTH AVE. S
POST OFFICE BOX \368
NAPLES, FLORIDA 34102
TELEPHONE: (941) 435-0035
TELECOPIER (941) 435-9992
,
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CITY OF
.
CLEARWATER
PlANNING & DEVELOPMENT SERVICES ADMINISTRATION
POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748
MUNICIPAl SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756
TELEPHONE (727) 562-4567 FAX (727) 562-4576
November 30,2000
Re: 613 South Missouri Avenue, Clearwater, FL
Dear Sirs:
The subject property IS zoned C, Commercial District and is consistent with its
underlying land use designation of CG, Commercial General Category. The "Retail
Sales" use is permitted within zoning district provided all dimensional criteria are met.
As of January 21, 1999, the City adopted the Community Development Code. These
changes may have created non-conformities, if so they are legal non-conformities and
may continue. In the event a structure in which a non-conforming use is located is
destroyed or damaged to the extent of less than 50 percent of the assessed value of such
structure, the non-conforming use may be re-established if a complete and legally
sufficient application for all required permits to repair or restore is submitted within six
months of the date of the damage. In the event a structure in which a non-conforming use
is located is destroyed or damaged to 50 percent or more of the assessed value, these
structures may be repaired or restored only if the structure and the use conforms to the
standards of this development code for the zoning district in which it is located.
Attached is a copy of the current Commercial zoning district regulations, as contained
within the Community Development Code. Please contact feel free to contact me at
(727.562.4567), if you need further assistance.
Sincerely,
~)~~
Arden Dittmer -
Associate Planner
BRJAN J. AUNGST, MAYOR-Cml~lISSI0KER
J.B. JOHNSON, VICE MAYOR-COMMISSIONER
ED HART, COMMISSIONER
*
BOB CIARK, COM\lISSIONER
ED HOOPER, COMMISSIONER
"EQUAL EMPLOYMENT AND AFFIRJvV\TIVE ACTIOK E~lPLOYER"
.
.
FLORIDA DESIGN CONSULTANTS, INC.
ENGINEERS, ENVIRONMENTALISTS, SURVEYORS & PLANNERS
January 24,2001
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By _'-----' :.::.,-
Ms. Lisa Fierce, Development Review Manager
City of Clearwater Planning Department
100 S. Myrtle Avenue, 2nd Floor
Clearwater, Florida 33756
Re: Jessica's Place - 613 S. Missouri Avenue
Change of Use
Dear Ms. Fierce:
We have completed the necessary applications, site plan and survey work for the upgrade of the above
referenced property. Enclosed are materials for a Flexible Standard Development review/approval.
Please find enclosed:
1. Application for Site Plan Approval (15 copies)
2. Copy of Deed (15 copies)
3. Comprehensive Landscape Program Information (15 copies)
4. Preliminary Site Plan (15 copies, 24" x 36")
5. Landscape Plan (15 copies, 24" x 36")
6. Survey (15 copies, 24" x 36")
7. Application Fee of $475.00
As you know, this site presently contains a used furniture store called Jessica's Place. The 0.30 acre site
is 100% impervious, contains no landscaping, contains six (6) substandard parking spaces, and does not
meet any setback requirements for retail sales and services for the Commercial (C) District. As you
noted in our meeting of January 8, 2001, the change in use requires upgrading the site to comply with
current parking and landscaping requirements as much as possible. The upgrades are discussed below:
Parking
The flexible standard development requires4 spaces/IOOO s.f. Presently the site contains only six (6)
substandard parking spaces whereas 13 would be required. Although my personal observations and
information from the business owner confirm a maximum occupancy of only four (4) spaces at any time,
thg,~~i~i~~rr~~ei~lfl,~;,shows a total of 13 spaces (including one handicap space) which meets code
rooW~~,~31tg;, J \,J LLJ II ' \ \ \,1\,
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L 2639 McCORMICK DRIVE. CLEARWATER, FLORIDA 33759
__u __ Tel: (727) 724-8422 · Fax: (727) 724-8606
.
.
Ms. Lisa Fierce
January 24,2001
Page 2
Landscaping
Presently the site has no landscaping, is 100% impervious and the paved parking area and/or building
extend to the property lines. Section 3-1202 of the Community Development Code would typically
required a 5 foot landscape buffer from neighboring commercial uses and a 15 foot perimeter buffer
from the Missouri Avenue right-of-way. In this case it is impossible to comply with code without
jeopardizing vehicle movements into the site and the front parking spaces. The Preliminary Site Plan
shows landscaping islands along the front and rear comers of the site, such that the impervious surface
will be reduced to 95% to comply with code. We believe the extend and location ofthe landscaping will
enhance the appearance of the property, particularly from Missouri Avenue.
fugrr
The site presently contains a sign structure at the northwest comer that is setback only 2 feet from the
west property line. The Preliminary Site Plan calls for the removal of this sign and installation of a
conforming sign with a 10 foot setback. This setback complies with sign setback requirements.
In summary, we believe the aforementioned site upgrades will enhance the appearance and function of
the site. Please notify me of the upcoming DRC meeting or if you have any questions.
s~~
Robert C. perg~
Vice President Transportation & Planning
:dc
L:\2001 Letters\fierce.doc
cc: Ted Turner
E.D. Armstrong, III (Johnson, Blakely, et. al.)
File 997-111.116
LL
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10:00 a.m.
e
Updated as of 2/14/01
ACTION AGENDA
DEVELOPMENT REVIEW COMMITTEE
February 15, 2001
Case: FLS 01-01-03- 613 South Missouri Avenue.
Owner/Applicant: Ted D. and Reda C. Turner.
Location: 0.30 acres located on the east side of Missouri Avenue, approximately 100 feet south of
Turner Street.
Atlas Page: 296B.
Zoning: C, Commercial District.
Request: Flexible Standard approval to reduce the required number of parking spaces from 16
spaces to 13 spaces and a Comprehensive Landscape Program.
Proposed Use: a 3,280 square foot furniture store.
Presenter: W. Ryan Givens, Planner.
The DRC reviewed this application with the following comments:
1) Need to have a dumpster instead of a black barrel, recognize site constraints however - no more than one black
barrel- may need to go to a roll out on wheels - using an automated side loader;
2) This will need to be converted to a comprehensive infill application - need criteria, additional $, elevations;
3) Remove freestanding sign base along Missouri;
4) Signage to meet code (upgrade);
5) Upgrade elevations;
6) Revise site plan to change parking configuration, add landscaping, etc.
7) Need all information by February 20,2001 - 15 sets of all new stuff and application
8) Change FLS number to FL
10:45 a.m.
Case: FL 01-01-05 - 1100 South Missouri Avenue
Owner/Applicant: The Clearwater Group, Ltd.
Location: 3.27 acres located on the west side of South Missouri Avenue approximately 300 feet
south of Druid Road.
Atlas Page: 296A and 306A
Zoning: C, Commercial District.
Request: Flexible Development approval to allow attached dwellings in the Commercial District
as part of a Comprehensive Infill Redevelopment Project.
Proposed Use: A 159-unit apartment complex as part of the Renaissance Square Apartment
Complex in the Commercial District
Presenter: Mark T. Parry, Planner.
The DRC reviewed this application with the following comments:
1) Need revised site plans to a different scale - maximum 50 scale;
2) Missing most information from the checklist; need to regroup with drc
3) Commercial/general classification permits 24 dwelling units/acre - entitled to 78 dwelling units (3.27 acres);
DRC action agenda - 02/15/01 - Page 1