The URL can be used to link to this page

FLS2003-09046 II II Planning Department 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: o SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION o SUBMIT 14 COPIES OF THE ORIGINAL APPLICATION including 1) collated, 2) stapled and 3) folded sets of site plans o SUBMIT APPLICATION FEE ~ L/71. bb * NOTE: 15 TOTAL SETS OF INFORMATION REQUIRED (APPLICATIONS PLUS SITE PLAN SETS) FLEXffiLE STANDARD DEVELOPMENT APPLICATION (Revised 11/18/03) -PLEASE TYPE OR PRINT- A. APPLICANT, PROPERTY OWNER AND AGENT INFORMATION: (Code Section 4-202.A) :~~~~:::~. L~~) WJa;J~f-;~/d 44q- /)7)() ~~)ha/jl ihl ('/l'tlrlV4l(r~f/.rt, 3375l.// FAX NUMBER: t! L/q- d to, 3/ PHONE NUMBER: PROPERTY OWNER(S): Lf{Y, PHONE NUMBER: PLANNING DEPARTME CITY OF CLEARWATER I JUN 1 4 LUU4! r (Must include ALL owners as listed on the deed ~ provide original signature(s) MAILING ADDRESS: {<Iel' .JbrdaAl 400 /J 6 j rrl '-ll , / - q / () - .31 (y - () lf5t& NUMBER: AGENT NAME: CELL NUMBER: E-MAIL ADDRESS: ) ./ B. PROPOSED DEVELOPMENT INFORMATION: (Code Section 4-202.A) STREET ADDRESS of subject site: 4-DO. ~ I n t)1-na Ai. LDf- rJq ,3D ,1/1 3,~ ~Jr. (if not listed here, please note the locatio~ of this d~ument in the su m'itt'al) 4J (! porWaler fr flirt it 3375(;; LEGAL DESCRIPTION: PARCEL NUMBER: PARCEL SIZE: Jq J [0 lf1. ,l)O (acres, square feet {) PROPOSED USE(S) AND SIZE(S): (number of dwelling units, hotel rooms or squa DESCRIPTION OF REQUEST(S): Attach sheets and be specific when identifying the request (include all requested code devi ions; e.g. reduction in cc:>sf of S-O(OCb # Page 1 of 6 - Flexible Standard Development Application- City of Clearwater -- - .DOES THIS APPLICATION INVOLVE THE TRANSFER OF DEVELOPMENT RIGHTS (TOR), A PR.JIOUSL Y 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: (Code Section 4-202.A.5) J SUBMIT A COpy OF THE TITLE INSURANCE POLICY, DEED TO THE PROPERTY OR SIGN AFFIDAVIT ATTESTING OWNERSHIP (see page 6) D. WRITTEN SUBMITTAL REQUIREMENTS: (Code Section 3-913.A) 0 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. ,JD C~e1 05 clf-5Cf It)erl Q ~ye- 2. The proposed development will not hinder or discourage the appropriate development and use of adjacent land and buildings or significantly Imp8""e,wuefue<em. ~~tl r e () 4~ $;ll()~ (J}1~'3- -I ~ ~f~ II Up .. 'lid, I 3. The proposed development will not adversely affect the health or safety or persons residing or working in the neighborhood of the proposed use. N/II .. - .. :" .. 4. The proposed development is designed to minimize traffic congestion~ /110 t h (IJ-f_1 ff) ex jj!iflJ -/ fa! II f3., 5. The proposed development is consistent with the community character of the immediate vicinity of the parcel proposed for development. Rt?/J16r:/eI1nj btJ//1 (Ipjftlde fie rrlJt;lpt hood 6. The design of the proposed development minimizes adverse effects, including visual, acoustic and olfactory and hours of operation impacts, on adjacent properties. N/fI RE6BVEB JUN 14 LUU~ Mol ,",r "rl^ TI\J1~N-1 . -.. 0 Provide complete responses to the applicable flexibility criteria for the specific lan~m tt~ el~Rto which the waiver is requested (use separate sheets as necessary) - Explain how each criteria is achi , i i1: tt/1J Page 2 of 6 - Flexible Standard Development Application- City of Clearwater - - E. STORMWATER PLAN SUBMITTAL REQUIREMENTS: (City of Clearwater Design Criteria Manual and 4-202.A.21 ) o STORMWATER PLAN including the following requirements: Existing topography extending 50 feet beyond all property lines; Proposed grading including finished floor elevations of all structures; All adjacent streets and municipal storm systems; Proposed stormwater detention/retention area including top of bank, toe of slope and outlet control structure; Stormwater calculations for attenuation and water quality; Signature of Florida registered Professional Engineer on all plans and calculations o COPY OF PERMIT INQUIRY LETTER OR SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (SWFWMD) PERMIT SUBMITTAL (SWFWMD approval is required prior to issuance of City Building Permit), if applicable o COPY OF STATE AND COUNTY STORMWATER SYSTEM TIE-IN PERMIT APPLICATIONS, if applicable F. SUPPLEMENTAL SUBMITTAL REQUIREMENTS: (Code Section 4-202.A) o SIGNED AND SEALED SURVEY (including legal description of property) - One original and 14 copies; o TREE SURVEY Qncluding existing trees on site and within 25' of the adjacent site, by species, size (DBH 4" or greater), and location, including drip lines and indicating trees to be removed) - please design around the existing trees; o LOCATION MAP OF THE PROPERTY; o PARKING DEMAND STUDY in conjunction with a request to make deviations to the parking standards (ie. 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; o GRADING PLAN, as applicable; o PRELIMINARY PLAT, as required (Note: -Building permits will not be issued until evidence of recording a final plat is provided); o COPY OF RECORDED PLAT, as applicable; G.SITE PLAN SUBMITTAL REQUIREMENTS: (Section 4-202.A) J( . 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; All required setbacks; All existing and proposed points of access; All required sight triangles; Identification of environmentally unique areas, such as watercourses, wetlands, tree masses, and specimen trees, including description and location of understory, ground cover vegetation and wildlife habitats, etc; Location of all public and private easements; Location of all street rights-of-way within and adjacent to the site; Location of existing public and private utilities, including fire hydrants, storm and sanitary sewer lines, manholes and lift stations, gas and water lines; All parking spaces, driveways, loading areas and vehicular use areas; Depiction by shading or crosshatching of all required parking lot interior landscaped areas; Location of all 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 onsite and offsite storm-water management facilities; Location of all outdoor lighting fixtures; and Location of all existing and proposed sidewalks. RECEIVED JUN 1 4 1UU4 PLANNING DEPARTMENT CITY OF CLEARWATER o SITE DATA TABLE for existing. required, and proposed development, in writtenltabular form: 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; Page 3 of 6 - Flexible Standard Development Application- City of Clearwater 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 (I.S.R.); and Floor area ratio (FAR.) for all nonresidential uses. o REDUCED SITE PLAN to scale (8 % X 11) and color rendering if possible; o FOR DEVELOPMENTS OVER ONE ACRE, provide the following additional information on site plan: One-foot contours or spot elevations on site; Offsite elevations if required to evaluate the proposed storm water management for the parcel; All open space areas; Location of all earth or water retaining walls and earth berms; Lot lines and building lines (dimensioned); Streets and drives (dimensioned); Building and structural setbacks (dimensioned); Structural overhangs; Tree Invento . re ared b a "certified arborist" of all trees 8" DBH or o H. LANDSCAPING PLAN SUBMITTAL REQUIREMENTS: (Section 4-1102.A) JUN 1 4 LUU4 o o o 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 am::! proposed landscape materials, indicated by a key relating to the plant schedule; Typical planting details for trees, palrn$, shrubs and ground cover plants including instructions, soil mixes, backfilling, mulching and protective measures; ..' '. .... . . Interior landscapil1g are;as hatched and/or sha~ and labeled and interior landscape coverage, expressing in. both square feet and percentage covered; . Conditions of apteyiOllS develepmentapproval (e.g, conditions imp<>,sedby the Community Development Board); . Irrigation notes. ..... ... - ... -. '.- -.- -. .:. PLANNING DEPARTMENT CITY OF CLEAHWATER REDUCED LANDSCAPE PLAN to scale (8 % X 11) (color rendering if possible); IRRIGATION PLAN (required for level two and three approval); COMPREHENSIVE LANDSCAPE PROGRAM application, as applicable. I. ~ o BUILDING ELEVATION PLAN SUBMITTAL REQUIREMENTS: (Section 4-202.A.23) Required in the event the application includes a development where design standards are in issue (e.g. Tourist and Downtown Districts) or as part of a Comprehensive Infill Redevelopment Project or a Residentiallnfill Project. BUilDING ELEVATION DRAWINGS - all sides of all buildings including height dimensions, colors and materials; REDUCED BUILDING ElEVATIONS - four sides of building with colors and materials to scale (8 % X 11) (black and white and color rendering, if possible) as required. SIGNAGE: (Division 19. SIGNS I Section 3-1806) J. o o o o All EXISTING freestanding and attached signs; Provide photographs and dimensions (area, height, etc.), indicate whether they will be removed or to remain. All PROPOSED freestanding and attached signs; Provide details including location, size, height, colors, materials and drawing; freestanding signs shall include the street address (numerals) Comprehensive Sign Program application, as applicable (separate application and fee required). Reduced signage proposal (8 % X 11) (color), if submitting Comprehensive Sign Program application. Page 4 of 6 - Flexible Standard Development Application- City of Clearwater - e K. TRAFFIC IMPACT STUDY: (Section 4-202.A.13 and 4-801.C) o Include as required if proposed development will degrade the acceptable level of service for any roadway as adopted in the Comprehensive Plan. Trip generation shall be based on the most recent edition of the Institute of Transportation Engineer's Trip General Manual. Refer to Section 4-801 C of the Community Development Code for exceptions to this requirement. L. SIGNATURE: I, the undersigned, acknowledge that all representations made in this application are tru~ and accurate to the best of my knowledge and authorize Ci -1'9pre ntatives to visit and photograph the property described' his a ication. / / /.. STATE OF FLORIDA, COUNTY OF PINELLAS i S om to and subscribed before me this o..rtL day of A.D. 20M to me and/or by , who is personally known has ro i~" as yt"~ Debbie L.1ttter ..o,.".I~.DDlIIIIJl -i BJPD!s~~ ~ ~ Cat IDe. RECEIVED JUN 1 4 LUU~ PLANN.ING DEPARTMENT CITY OF CLEARWATPR . .'....c. .. ,.' .... . '~" . Page 5 of 6 - Flexible Standard Development Application- City of Clearwater , - e e AFFIDAVIT TO AUTHORIZE AGENT: ~HAVL A"'.D /VI{)'-/~ Lt7V,/ p-Ql2rr/t7115#//' / (Names of all 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): /.;pp fb/N5 r 7'77A .4V'f. CL~V/J7?~ 1J~4/ pL 2. That this property constitutes the property for which a request for a: (describe request) Re-l1oj)Llrlfr -rJ.lt? 8V/L..J)/"/(,. 3. That the undersigned (has/have) appointed and (does/do) appoint: f..1 C NrHl1) JPRD 19;a1 as (his/their) 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 a~1::eEt'1E'O 5. That site visits to the property are necessary by City representatives in order to process this application and the owner authorizes City representatives to visit and photograph the property described in this application; JUN 1 4 ZUU~ 6. That (I/we), the undersigned authority, hereby certify that the foregoing is,true and correct. i . Property Owner PLANNING DEPARTMENT CITY OF CI FARWATER .. Debbie L. ittter .. ;or~ .1J)1JS!OO1 =. .: ~ ADg. 26. 2005 ~ -r"'~ 11ira ,m, N1anIk ~ c:o.. 1n::. Property Owner u"1' A,~ .A1o,1l L~ Nt"~&~/f. Property Owner Property Owner STATE OF FLORIDA, COUNTY OF PINELLAS c9nd day of who having been first duly sworn My Commission Expires: A~ ;)(0, 0005"" S:\Planning DepartmentlApplication Formsldevelopment reviewlflexible standard development application 2003.doc Page 6 of 6 - Flexible Standard Development Application- City of Clearwater 07/30/2004 12:42 FAX L & L Wings, Ine ~002/004 ... e e LLWINGS ACORD". EVIDENCE OF PROPERTY INSURANCE D4 TE (MMlDDIYY) 05/18/04 THIS IS EVIDENCE THAT INSURANCE AS IDENTIFIED BELOW HAS BEEN ISSUED. IS IN FORCE. AND CONVEYS ALL THE RIGHTS AND PRIVilEGES AFFORDED UNDER THE POLICY. -------------------- -..--....-.......--.--.-..------.-. PRODUCER ~.~ E~ll' 973 257 - 600 0 COM~"'NY Hilb, Rogal and o:t5s Co. . .-. A.x1.S Surplus Insurance Company of New Jersey 11680 Great Oaks Way, Suite 500 300 Interpace Parkway Alpharetta, GA 30022 Parsippany, NJ 07054 ....._- CODE, ..l su8.~EE~_____._..__.____ ....GENCY J;.\lSTOMER 1!1_L.....6..9...5.B -. .-- ------.----.---.- ! POLICY NUMBER INSURED LOAN NUMBER Shaul&: Meir Levy Partnership I EAF707053 c/o L&:L Wings, Inc. --.-.------------------ . ---- i East 41st St. 6th Floor EFFECTIVE DATE ! EXPIRATION DATE I: CONTINUED UNTil 8 -- 05/05/04 I 05/05/05 TERMINATED IF CHECKED New York, NY 10017 -. THIS REPL"'CES PRIOR EVIDENCE DATED; PROPERTY INFORMATION LOCATrOWDESCRIPTION 400 Poinesetta Clearwater Beach, FL 33767 COVERAGE INFORMATION I r COVERAGElPERILSfFORMS______________.__~OF INSUR4NCE DEDUCTIBLE -_. Personal Property & Building Blanket Limit ,43,036,500 110,000 Ordinance or Law 1250,000 110,000 Transit :100,000 I Property in 110,000 Earthquake (excluding California) j2, 500,000 .25,000 Flood (Zones A&V) 12,500,000 1500,000 Flood (All other zone s ) 12,500,000 ,25,000 Wind &: Hail (See Deductible Info Below) ilncluded I I I I ! ! i I ! I i I I I i , ; REMARKS (Including Special Condttions) Cause of Loss: Special Valuation: Replacement Cost Wind/Hail Deductible: Minimum of $25,000, 2% of TIV in 1st Tier counties on NY, NJ, DE, VA, NC, SC, GA, AL, MS, LA, TX and to all locations in Florida, excluding Dade, Broward, &: Palm Beach Counties where a 3% TIV deductible applies. CANCELLATION THE POLICY IS SUBJECT TO THE PREMIUMS, FORMS. AND RULES IN EFFECT FOR EACH POLICY PERIOD. SHOULD THE POLICY BE TERMINATED, THE COMPANY WilL GIVE THE ADDITIONAL INTEREST IDENTIFIED BELOW 1 0 DAYS WRITTEN NOTICE, AND WILL SEND NOTIFICATION OF ANY CHANGES TO THE POLICY THAT WOULD AFFECT THAT INTEREST, IN ACCORDANCE WITH THE POLlCY PROVISIONS OR AS REQUIRED BY LAW. ADDITIONAL INTEREST NAME AND ADDRESS iX' i i ADDITIONAL INSURED L-~ MORTGAGEE Wachovia Bank, N.A. ISAOA , ,- _.__,_I,OSS P~l'E._~__.'----..L.______ ATIMA;Insurance Department ; LOANII #74580rke I P.O. Box 700308 AUTHORIZED REPRESENT A l1VE Dallas, TX 75370 ~ v:- ~~ ACORD 27 (3/93) 1 of 1 1115 CXP @ ACORD CORPORATION 199 07/30/2004 12:43 FAX L & L Wings, Ine ~ 003/004 Client#: 695 LLWINGS ACORDTN CERTIFICATE OF LIABILITY INSURANCE I DATE (MMlDDIYY) 05105/04 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION HUb Rogal & Hobbs ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 447 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 300 Interpace Parkway I Parslppany, NJ 07054 I INSURERS AFFORDING COVERAGE I -- ---_.~~--~_._._---_._~~ INSURED GNSUR~~_~__.!rav!!ers Insurance Company Shaul & Me!r Levy Partnership LINSURERB: Travelers Insurance Co. c/o L&L Wings. Inc. i INSU!ER_~;_~_~jo Casualty Group 8 East 41st St - 6th Floor I INSURER D: ; New York, NY 10017 r;~suReR E: ---------- , e .. COVERAGES -- ! OTllER I DESCRIPTION OF OPERATIONS/LOCA TlONSNEHICLESfEXCLUSIONS AODeD BY EHDORSEMENTISPECIAL PROVISIONS Certificate Holder is listed as Mortgagee as their interest may appear with regard to the following location. LoclJ 302 .400 Poinesetta; Clearwater Beach, FL CERTIFICATE HOLDER I ! ADllmONALINSUREO;INSURERLETTER: CANCELLATION SH OULD ANYOFTHE AS OVE DESCRIBED POLICIES BE CANCELLED BEFORE TIl E ElCPIRATlON DATE THEREOF, TJ-iE ISSUING INSURER WIll. ENDEAVOR TOMAIL:Lll-OAYSWRlTTEN NOTICE TOTHE CERTIFICATE HOLDER NAM ED TO THE LEFT, BUTFAlLURE TODOSOSHALL 1M POSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON TH E INSURER,ITS AGENTS OR RePRESENTATIVES. ",UTIlORIZED REPRESENTAT~ 1'2./ . -r- .A';'_ Wachovia Bank, N.A. Insurance Dept #74850rke P.O. Box 897 Myrtle Beach, SC 29578 I ACORD 25-5 (7/97)1 of 2 #S35331/M29668 CXP @ ACORD CORPORATION 1988 07/30/2004 12:43 FAX L & L Wings, Ine ~ 004/004 .,' - e e IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-5 (7197)2 of 2 #83 5331/M2 966 8 07/30/2004 12:29 FAX L & L Wings, Inc .~"'.. ....w ~g".;I;JU nM~- (-c:uuu 2 P1NEliII CO 8K 10834 PG .I .I'IJIIU~mllll~lml _r:,,'~..: 141'M 1161 \e ," -.,. Y" '- .J ef/v PREPARBbBY AND RETURN TO: W/C Box #70 BRENT G. WOLMER, ESQUIRE cohen Norris Scherer Weinberger & Wolmer I 7.U l:.'f. S. Hlyl'iway eR~, Stiite 4Q.Q /:JU J~ ~ / 3,Jr.; b North Palm Beach, Florida 33408 File No. 80018.030 .:;~, ~ i;;-;~: - }~~::"'L'7 Jjf$"""" :: " 'Ii' ~'_;' ;..t'_.::--<-?X-~'. . '. ..-, ~. . - ,.. ~ '-. '_0 ,. -.' " _~ '. - ~ ". : :_" --, 'v_ "'-..." :;', ._....._. .ti~B1~:-.~)L:,;, Property Appraisers Parcel I.D. No. 08-29-15-02592-001-0290 TKIS WARRANTY DEED made and executed the 22 day of February, 2000, by RICHARD D. WHITNEY, as Succe~sor Trustee u/a/d 9-27=90 as to undivided Y, interest and EMMA C. WHITNEY, as Trustee u/a/d 9-27-90 as to undivided y, interest, whose post office address is: 756 EIDorado Avenue, Clearwater, FL 33767, hereinafter called the Grantor, to SHAUL AND KEIR LEVY PARTNERSHIP, a South Carolina partnership, whose post office address is: c/o L & L Wings, Inc., 18 East 4200 Street, New York, New York, 10017, hereinafter called the Grantee: (Wherever used ~~ein the terms "Gx:antor" and "Grant!!:e" shall include all th,= parties to this instrument and the heir1l, legal rtprelfent.ativl!s. and a.ssign. of individua.ls, a.nd the. successor5 and the 5u,ccessors and auign.s of corporat.ions) WITNESSETH, that the Grantor, for and in consideration of the sum of $10.00 and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee all that certain land situate in pinellas County, State of Florida, viz: Lots 29, 30, 31, 32 and 33, Block A, BARBOUR-MORROW SUBDIVISION, according to the Plat thereof, recorded in Plat Book 23, Page 45, of the Public Records of pinellas County, Florida, together with all structures and improvements situated thereon. THE SUBJECT PROPERTY IS NOT THE HOMESTEAD, NOR HAS IT EVER BEEN TKE HOKESTEAD, OF TKE FIRST PARTY. THE FIRST PARTY(IES) RESIDE AT THE ADDRESSES REFLECTED BELOW TKEIR SIGNATURES OF TKIB INSTRUMENT. SUBJECT TO applicable zoning laws, regulations and ordinances. SUBJECT TO all restrictions, covenants and conditions of record, if any, affecting the Property. SUBJECT TO taxes and assessments for the year 2000 and subsequent years which are not yet due and payable. TOGETKER, with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND the Grantor hereby covenants with said Grantee that Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and conv~y said land, and hereby warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 1999. IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the presence of: :2 /;J I c:X:t~ i1ht2Ag4 {( bJl Witness gnature MIf-.eyA, W/~e- Printed name ~~~.~ . ness signature I!';'tGES AceT It CHG AMT CKAMT _~ _() RICHARD D. WHITNE ~ ~~ Successor Trustee 'cis'OR219 ~~e-'" Address: 1107 Burnside DS _---- Asheville, NC 'N1 _-- FEES _'- MTf __ PIC REV ~ CD TOTAL \ dd.'''''.-' C' , as ~\(., s. N\o ,,~i e_ Printed name / Ial002/003 .ci., ~.;.. . 07/30/2004 12:29 FAX L & L WIngs, rnc fa! 003/003 PINELLAS COU~rLA. Orr.REC.8K 10e~G 1162 ~ .~ - ; ;' tj?V':>Y'~~ 1n!~r_ EMMA C. WHITNEY, as Trust~ Address: 756 ElDorado Avenue Clearwater, FL 33767 STATE OF COUNTY OF fiG 13{J Neo M 15E; The foregoing instrument was acknowledged before me this ~ day of February, 2000, by RICHARD D. WHITNEY, as Successor Trustee u/a/d 9-27-90, who is personally known to me (or who has produced a driver's license as identification) and who did/did not take an oath. /I1y {JMMJ5)/~N' fxP/~€S'l/tI/eoo'f / STATE OF ~ COUNTY OF \..nL t _ The foregoing instrument was acknowledged before me this ~ day of February, 2000, by EMMA C. WHITNEY, as Trustee u/a/d 9-27-90, who is personally known to me (or who has produced a driver's license as identification) and who did/did not take an oath. --~ 1 ~~~ ~--- Notary Public ~ Printed Name:~ ~'~~G Commissio.,!l ~es: l"B~~i:__~; ~~ubtic \ My Cvrnl..!~ii~;.; ..::;p-i1'$$ April 24. 2tJOS F, \WPDOCS\IRENE\aools\030\WARRANTY .OED .wpd I -j' .. . '. ~ Clearwater ~~ I)~ Planning Department 100 South Myrtle Avenue Clearwater, Florida 33756 Telephone: 727-562-4567 Fax: 727-562-4865 ('r:'D o SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION o SUBMIT 13 COPIES OF THE ORIGINAL APPLICATION including 1) collated, 2) stapled and 4folded sets of site plans o SUBMIT APPLICATION FEE $ 7~. ~ . /i CASE #: DATE RECEIVED: .I'j RECEIVED BY (staff initials): l ATLAS PAGE #: ZONING DISTRICT: LAND USE CLASSIFICATION: SURROUNDING USES OF ADJACENT PROPERTIES: NORTH: SOUTH: WEST: EAST: * NOTE: 14 TOTAL SETS OF INFORMATION REQUIRED (APPLICATIONS PLUS SITE PLAN SETS) FLEXIBLE STANDARD DEVELOPMENT APPLICATION (Revised 8/l5/03) -PLEASE TYPE OR PRINT- APPLICANT NAME: L.L. A. APPLICANT, PROPERTY OWNER AND AGENT INFORMATION: (Code Section 4-202.A) w ,t-J~~ I~C. 4D~ Pc>'~T ~e TTA ~U. 2., ,(:) FAX NUMBER: 4 4- q MAILING ADDRESS: PHONE NUMBER: ~ ... ~ 14 ~ U '- L..U T' PROPERTY OWNER(S): (Must include ALL owners) AGENT NAME: ?(',.&n- MAn.'~,", +\c.> ~,t..u4~C.U 4 ~ , Z. 4 0 z.. FAX NUMBER: MAILING ADDRESS: PHONE NUMBER: ---.:11... , CELL NUMBER: E-MAIL ADDRESS: '2. . '--1 A t'1t 0 ... ~ r-tE'e.-r C~"-r~ "47~ G. "'~1 44? nA ~ )J.A ~4, () (i Aoc- · (OM B. PROPOSED DEVELOPMENT INFORMATION: (Code Section 4-202.A) STREET ADDRESS: -4ao ~o, U-r-.a -erA ~ LEGALDESCRIPTIONo :,\~L \.11- T ... -, ~C:>, ~II .. ~ 1i~ A. PARCELNUM~<:)~~ PAA~$ -Z C1 ,4-1. ,g ~ \J V (acres, square leet) PROPOSED USE(S) AND SIZE(S): c.. ~ M~I ..... I n,." .,,, I ..... (number of dwelling units, hotel rooms or square footage of nonresidential use) ,~...o.t.. DESCRIPTION OF REOO-EST(S): (include all requested code deviations; e. . reduction in required number of parking spaces, specific use, e .) -1)1C...fltt"/~ tl"Q. fT r ~ I)"'''' <<) '"''' "'1', "A (' p~ "",,,'t..:t~ ~ PDG G ~aT fL<<q"tfL'~ ~W't O.-vtA,..,.,DAJ "'U -aO~'~'> ta#c, ~ I G~L~a,4 &:/. , ~ T, AJ Page 1 of 6 - Flexible Standard Development Application - City of Clearwater .. . . DOES THIS APPLICATION INVOLVE THE TRANSFER OF DEVELOPMENT RIGHTS (TOR), A PR~OUSL Y APPROVED PLANNED UNIT DEVELOPMENT, OR A PREVIOUSLY APPROVED (CERTIFIED) SITE PLAN? YES _ NO ~ (if yes, attach a copy of the applicable documents) , l C. /PROOF OF OWNERSHIP: (Code Section 4-202.A.5) ~SUBMIT A COPY OF THE TITLE INSURANCE POLICY, DEED OR AFFIDAVIT ATTESTING TO THE OWNERSHIP OF THE PROPERTY D. WRITTEN SUBMITTAL REQUIREMENTS: (Code Section 3-913.A) 0 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. ~6 ~ t4 AUc-. i ~ A" 1)e) S. c. (I. \ eoo ~ atJUd 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. tr~-r,ti ~ f"1.1/"1J. ,~ D#J gc..oom ,., toI ~ T\4r ('L fl N\ IS 0 .. c.... "'C; \JJ'~ fJ~ ~n.a.o" or.,." B '" "" 0' "'c; . 3. The proposed development will not adversely affect the health or safety or persons residing or working in the neighborhood of the proposed use. tJ I /:4 4. The proposed development is designed to minimize traffic congestion. ~& e. J.l....,~, ~ ""0 tr'\C.1 ~ -r,~ -rn-AFC, C t 5. The proposed development is consistent with the community character of the immediate vicinity of the parcel proposed for development. ((fI,.,..o t) f/lJ..,S """ l ~L- Up fJ,(\.I).~~ "T\AcS ~C (c..U..~\.\C)O ~ 6. The design of the proposed development minimizes adverse effects, including visual, acoustic and olfactory and hours of operation impacts, on adjacent properties. ~/tJr .... ~~V o Add"'G~~ II"ibility cit""a 10' Ihe ,pacific leod "e '" liaced i" each Zoni", Di,t,lct to which the wal'e' I, ",'eaced ("e ,epacate o ~'f!:J" acYl - E,plai" how ceifeita i, eohie'ed, io detail ~ t4A Page 2 of 6 - Flexible Standard Development Application - City of Clearwater .. . . E. SUPPLEMENTAL SUBMITTAL REQUIREMENTS: (Code Section 4-202.A) ri SIGNED AND SEALED SURVEY (including legal description of property) - One original and 13 copies; ~. TREE SURVEY (including existing trees on site and within 25' of the adjacent site, by species, size (DBH 4" or greater), and location, including drip lines and indicating trees to be removed); 9 LOCATION MAP OF THE PROPERTY; o PARKING DEMAND STUDY in conjunction with a request to make deviations to the parking standards (ie. 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; o GRADING PLAN, as applicable; o PRELIMINARY PLAT, as required (Note: Building permits will not be issued until evidence of recording a final plat is provided); o COPY OF RECORDED PLAT, as applicable; F. SITE PLAN SUBMITTAL REQUIREMENTS: (Code 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; All required setbacks; All existing and proposed points of access; All required sight triangles; Identification of environmentally unique areas, such as watercourses, wetlands, tree masses, and specimen trees, including description and location of understory, ground cover vegetation and wildlife habitats, etc; Location of all public and private easements; Location of all street rights-of-way within and adjacent to the site; Location of existing public and private utilities, including fire hydrants, storm and sanitary sewer lines, manholes and lift stations, gas and water lines; All parking spaces, driveways, loading areas and vehicular use areas; Depiction by shading or crosshatching of all required parking lot interior landscaped areas; Location of all 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 onsite and offsite storm-water management facilities; Location of all outdoor lighting fixtures; and Location of all existing and proposed sidewalks. o SITE DATA TABLE for existing, required, and proposed development, in written/tabular form: 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 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 (I.S.R.); and Floor area ratio (FAR.) for all nonresidential uses. fii REDUCED SITE PLAN to scale (8 Y2 X 11) and color rendering if possible; o FOR DEVELOPMENTS OVER ONE ACRE, provide the following additional information on site plan: One-foot contours or spot elevations on site; Offsite elevations if requ.ir~. o. evaluate the proposed stormwater management for the parcel; All open space areastt, .~i;" Location of al~ea r. t~aining walls and earth berms; Lot lines a II . (dimensioned); Stree (j. Imensioned); . tructural setbacks (dimensioned); overhangs; Inventory; prepared by a "certified arborist", of all trees 8" DBH or greater, reflecting size, canopy (drip lines) and condition of such trees. Page 3 of 6 - Flexible Standard Development Application - City of Clearwater . . . G. STORMWATER PLAN SUBMITTAL REQUIREMENTS: (City of Clearwater Design Criteria Manual and 4-202.A.21 ) o STORMWATER PLAN including the following requirements: Existing topography extending 50 feet beyond all property lines; Proposed grading including finished floor elevations of all structures; All adjacent streets and municipal storm systems; Proposed storm water detention/retention area including top of bank, toe of slope and outlet control structure; Storm water calculations for attenuation and water quality; Signature of Florida registered Professional Engineer on all plans and calculations o COPY OF PERMIT INQUIRY LETTER OR SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (SWFWMD) PERMIT SUBMITTAL (SWFWMD approval is required prior to issuance of City Building Permit), if applicable o COpy OF STATE AND COUNTY STORMWATER SYSTEM TIE-IN PERMIT APPLICATIONS, if applicable H. LANDSCAPING PLAN SUBMITTAL REQUIREMENTS: (Section 4-1102.A) o 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; Location, size, description, specifications and quantities of all existing and proposed landscape materials, including botanical and common names; 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); I rrigation notes. o REDUCED LANDSCAPE PLAN to scale (8 Y2 X 11) (color rendering if possible); IRRIGATION PLAN (required for level two and three approval); o o COMPREHENSIVE LANDSCAPE PROGRAM application, as applicable. I. BUILDING ELEVATION PLAN SUBMITTAL REQUIREMENTS: (Section 4-202.A.23) Required in the event the application includes a development where design standards are in issue (e.g. Tourist and Downtown Districts) or as part of a Comprehensive Infill Redevelopment Project or a Residential Infill Project. g BUILDING ELEVATION DRAWINGS - all sides of all buildings including height dimensions, colors and materials; REDUCED BUILDING ELEVATIONS - four sides of building with colors and materials to scale (8 Y2 X 11) (black and white and color rendering, if possible) as required. o J. 8" SIGNAGE: (Division 19. SIGNS I Section 3-1806) o All EXISTING freestanding and attached signs; Provide photographs and dimensions (area, height, etc.), indicate whether they will be removed or to remain. ~ All PROPOSED freet'-n~1:~ched signs; Provide details including location, size, height, colors, materials and drawing compr~O~ram application, as applicable (separate application and fee required). R u ~~e proposal (8 Yz X 11) (color), if submitting Comprehensive Sign Program application. o o Page 4 of 6 - Flexible Standard Development Application - City of Clearwater ... . . K. TRAFFIC IMPACT STUDY: (Section 4-801.C) o Include as required if proposed development will degrade the acceptable level of service for any roadway as adopted in the Comprehensive Plan. Trip generation shall be based on the most recent edition of the Institute of Transportation Engineer's Trip General Manual. Refer to Section 4-801 C of the Community 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 . representatives to visit and photograph the property descr' in this pplication. STATE OF FLORIDA, COUNTY OF PINELLAS " / s~nd subscribed before me this ~ day of . ,AD. 20!:2.!:l to me and/or by . , who is personally...!ill.awD has produced as identification. ~~~(. " f. LOUISf S. ..~~ MISSION # DO 144873 "'ir~:ES: Augusl26, 2006 Nora,y PUblic Undetwlile/s Notary p My com ~~ so\;.~ OfP Page 5 of 6 - Flexible Standard Development Application - City of Clearwater .. . . M. AFFIDAVIT TO AUTHORIZE AGENT: '- L-, l,tJ,~~ (Names of all property owners) t, IllJC.~ 1. That (I am/we are) the owner(s) and record title holder(s) of the following described property (address or general location): t..//D ff)'''T~ rA .. . . , L., l.- u...t T' 1> · 2. That this property constitutes the property for which a request for a: (describe request) IEV-r,",-u 6~ .,L 3. That the undersigned (has/have) appointed and (does/do) appoint: ?~T~ M ~~.. as (his/their) 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. That site visits to the property are necessary by City representatives in order to process this application and the owner authorizes City representatives to visit and photograph the property described in this application; ~vt".....lJ (8).~IIt::l'1 6. That (I/we), the undersigned authority, hereby certify that the foregoing is true and correct. Property 0wMI" STATE OF FLORIDA, COUNTY OF PINELLAS re m the undersigned, an officer duly commissioned by the laws of the State of Florida, on this c2.- ~ ...;:4 day of , ~ c::I 'f personally appeared who having been first duly sworn oses and says that he/she fully understands the contents of the affidavit that he/she si.9.ne9' V?' 0 /..;;;? /:j ,~~'t"" ~~~a.fJ A"I/~~--,~' l~~',,,,~< E.lOU/SE S. ROBINSON Notary Public ~. ..." MY COMMISSION # 00 144873 My Commission Expires: l(II!" ~~... .it.] EXPIRES; August 26, 2006 'Hf.IW~,--*., Y-" r~!ru Notary PublIC Underwriters ~~-,.,.,~...;;;:' S:\Planning DepartmentlApplication Formsldevelopment review\2003 FORMSlflexible standard development application 2003. doc o\,~'1~ o~l5 Page 6 of 6 - Flexible Standard Development Application - City of Clearwater V~I J..;J/ ",VV.J V':. J..tf I"t\A J..':J..':10J..O':~1 L Ol. L "11'1'-'.:1 O~SSO MAR- 1-aOOO 2: P~AS CO BK 10834 PG 11111111111111 III 111111111111 ~vv" 14pn 11S1 . .- 2vtJ / -' PREPAREil BY AND RETURN TO: W/C Box #70 BRENT G. WOLMER, ESQUIRE cohen Norris Scherer Weinberger ~ Wolmer i1:24J.S. ltig!tway-Gne,. Su.i-t;e.-401l I ;J(.' 15 It North Palm Beach, Florida 33408 ~ile No. e0018.030 I ~,'~,~. Property Appraisers Parcel I.D. No; 08-29-15-02592-001-0290 i:\6 TBIS WARRANTY DEED made and execut@d the ~ day oE February, 2000, by RI:CBAJW D. 1fHl:'l'NBY, a.. Successor Trustee u/afd 9-27-90 as to undivided II, interest and EMMA C. WEXTNSY, as Trustee u/a/d 9-27-90 as to undivided II, interest, whose post ottice address is; 756 E1Dorado Avenue, clearwater, fL 33767, hereinafter called the Grantor, to SHAUL JUIIJ) KSIR LEVY PAltTNBRSHIl>, a South Carolina partnership, whose post office address is, c/o L & L Wings, Inc., 18 Ea~t 42~ Street, Ne~ York, New york, 10017, hereinafter calle~ the Grantee; {~rever u.ed ...re1n the Cl!!rf!l. 'G~foI'c.Qr" O6IId "G&'&ft~.III:. ':In.all ind...de ol.ll c.he plI:E"t:i.ell tl- ebh j,tleel'~c. .and tb~ he1.nI, lepal ~p"..~Ac...cive.c. sad ...fj:.t.9"4 of indi.iaoJ:.,ls. OUId c.hr fJ\,IIet;OIIilOX"Q aDd. che lJ.,lCC'eDcarr; and a,qdgrc: of co't90ratiD:I'\QI WI:'nlESSBTH, that the Grantor. tor and in consideration of tile sum of $lO. 00 and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee all that certain land situate in pinellas County, State of Florida, viz: Lots 29, 30, 31, 32 ilnd 33, Block A, BARBOUR-MORROW SUBDIVISION, according to the Plat thereof, recorded in plat Book 23, Pa!Je 45, of the Public Records of Pinellas County, Florida, together with all structures and improvements situated thereon. TtlE SUBJECT PROPERTY IS NOT THE BOMBSTEAD, NOR HAS rr BVER BED TKB HOMESTEAD, OF THE J'IaST PARTY. THB FJ:RS'1' PAltTY (IBS) RES:tDB AT THE ADDJlBSSBS REFLECTED BBLOW THSIR S:tGNATURBS OP THIS INSTRUKBNT. SlJBJECT TO applicable zoning laws, regulations and "rdinances. SUBJECT TO all restrictions, covenants and conditions of record, if any, affecting the Property. SUBJECT TO taxes and assessments for the year 2000 and subsequent years which are not yet due and payable. TOGETHER, with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appe4taining. TO HAVE AND TO HOLD, the same in fee simple forever. . AND the. Grantor hereby covenants with said Grantee th.~t Grantor is lawfully eened of sud land ~n fee simple; that the Grantor has 'Ioed right and lawful authority to sell and convey said land, and hereoy warrants the title to said land and will defend. the s~me against the lawful claims ot all persons whomsoever; and that sa~d land ~s free of all encumb~ances, except taxes accruing subsequent to December 31, 1999. IN WITNESS WHBRBOF, the said Grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the presence of: #P.'1,(JE~. ~ M :;;:X,0.\T ==~ I ~Jv.Ut\ 0: Aj,H __-- .-.., RICHARD --'- --3~ ;)l.,.. Successor Trustee \~~i..; __ r~ CqT'''' k~ ,(. - Address: 1107 Burnside D.~ " .'" ___,r_:" Asheville, NC IN"' _______ 1'1':3 __,- M" ~-- ~IC _.__._ R::\{ 1'0'.\1. \ l1'c1A~a a)u.R.~ Witness 'gnature MA-RyA I 'l/tl~e Printed name ~ ." . ~ ,)). O"('{\n t':IN.. 0. . ~. ness signatu~e --::su.~'\ c.. <~ \'vV" '" ~ i e _ Printed name Uq:t.SL '." ..' r-' ,---' CL WCoverSheet . . -, -.- ~') .',~ .- sr-p 2 4 2003 ~. ) ... , ~\ . P' -~,'T '~, "'. FLS2003-09046 400 POINSETTIA AVE Date Received: 09/24/2003 SHAWL LEVY ZONING DISTRICT: T LAND USE: RFH ATLAS PAGE: 267A P I ~~ C..K.NO 5:~;jf~ DATE __ ...~ .- Receipt #: 1200300000000009697 Date: 09/24/2003 - 9!241:ttl03 11 :34:04AM Line Items: Case No Tran Code Description Revenue Account No Amount Paid FLS2003-09046 03 Flex Std-Commercial 010-341262 Line Item Total: 475.00 $475.00 Payments: Method Payer Bank No Account No Confirm No How Received Payment Total: Amount Paid 475. $475.00 Check SUNTRUST 44265 In Person . THIS IS NOT A PERMIT. This is a receipt for an application for a permit. This application will be reviewed and you will be notified as to the outcome of the application. cReceipt.rpt Page I of 1 . . .. PETER MARICH ARCHITECT 410 S. LINCOLN AVENUE, SUITE B CLEARWATER, FLORIDA 33756 [011 rEJ~J:; 11 W [E r~: iJUI ocr 0 22003 'ill . J f-LA''1N!tJG ;-r:~:\-l" ,,-~,l :...c~ ClrYOF CI Ef..P'NAlln B13-461-2402 FAX B13-447-7243 EMAIL: MAR410@AOL.COM October 2, 2003 John Schodtler Planning Dept. City of Clearwater 100 S. Myrtle Av. Clearwater, Fl. 33756 RE: FLS2003-09046, 400 Poinsettia Av. Parcel Number 08/29/15/02592/001/0290 Your letter 9/29/03 (copy attached) Dear Mr. Schodtler; I wish to make this letter a part of the application, but first some back ground, on 9/23 I met with Mr. Bryan Berry of your dept, He helped me prepare my submission. Subsequently this was reviewed by Mr. Mike Reynolds of your dept. and returned incomplete. Therefore I met with Mr. Frank Gerlock Development Review Manager and resubmitted as per his direction with assurances I am scheduled for the Oct. DRC. Now I will attempt to address your concerns in this letter and additional attachments. First the project intent, Wings is a existing 10,000 sq. ft. Beach Ware Store. We are remodeling the facade to attract beach foot traffic, Wings is not a auto destination store especially since the round about has been installed. Following are my responses to the seven items of your letter. . . October 2, 2003 Schodler - Page 2 m ~~_0~~.rf i I \Vllt I , J III I/i OCT 0 2 2003 '-' L~ _____....__, '.., . i F-Lhl'tN1NG.l ')L\;~~~~~r~ II ",\G~ CITY OF CI.EAHVVAl [R .. ~ i ~ 1, Parcel number is 08/29/15/02592/001/0290 2, this can be found on presently submitted information 3, 3-913.A.l The renovation is new store front with architectural feature and architectural characteristics in the tropical vernacular some what matching the newly built beachwear store around the corner on Mandalay also the adjacent properties are all two story. 3-913.A.2 The proposed development cannot possibly inhabit any adjacent buildings. 3-913.A.5 The proposed development can only enhance the immediate vicinity since the neighbors to the north are back doors, parking and dumpsters for the business's fronting on Mandalay Blvd. To the east are two story motels most which appear to have been built in the 50's. 4, As indicated above this project will be tropical in nature such as approximately 22 Palm trees planted at the building, clay type barrel tile at the canopies over the new store front, the building will generally be Peach in color with pale blue accents and white store front construction. Attached find photo provided by Wings of their Panama City store which they wish to match. 5, Valuation 166+ x 60 foot store = 10,000 sq. ft. store building Construction cost is $60 to $80 per sq. ft. At $60 per foot = $600,000 X 25% = $150,000 Cost estimates follows; 226 lineal feet of store front and display wall at $100 per lineal foot ..............................$22,600 203 sq. ft. entry feature at $100 per sq. ft. ..... 20,300 35 ton A/c replacement at $1,800 per ton .......... 63,000 lighting replacement .............................. 8,000 demolition........................................ 15,000 Total $128,900 Assume $130,000 Less than 25% 6, Elevations and colors, see attached . . . fTTf-~ rr~~ r~ 11 W ~ I ,\/' I . . :_-L:2-__ _ ' . III 1 (. J / I ; : I ! :"'\ Ii ill Iii :; OCT 0 2 2003 '!j i U uj 1_.:) . hJ\I~NI:!G.', OL\Ld:1i;-i~~:Tt...c~ CITY OF CLEARWI\l Hi October 2, 2003 Schodtler - Page 3 7, The existing sign will not be changed see previously attached photos. I hope this letter answers your questions adequately. If you have any questions or concerns please fell free to call at any time, my office is only two minutes away and will meet at you pleasure. Sincerely, - -,.-=.=~--------'- '=-~ .- ---=~ Peter Marich Architect e e f"""'; ..f~~~LOF Tlft;;-".. ..~~ "f'f"UII;;C;7~_ \~~~.. ~#......~ ~;:-,;." \ I, ~~ c>.. ~ ~~'''' '!ii'fF.,r"11.. ~ ~ ~~~-=",c~ ~: ..t1"':;.=;~~~ ~It "~-:'~MMMMM f't'\.'~' ~ '/;<;r f'" ~..\ - ~YJ. '#.11." ~V: '"~ ""....)1TE~". f.. '11'" CITY OF CLEARWATER LONG RANGE PLANNING DEVELOPMENT REviEW PLANNING DEPARTMENT POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRUE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAX (727) 562-4576 July 29, 2004 Mr. Shaul Levy L&L Wings Inc. 400 Poinsettia A venue Clearwater, Florida 33767 RE: Development Order regarding case FLS2003-09046 at 400 Poinsettia A venue. Dear Mr. Levy: This letter constitutes a Development Order pursuant to Section 4-202.E of the Community Development Code. On October 30, 2003, the Development Review Committee (DRC) reviewed your application for Flexible Standard Development approval for redevelopment of an existing retail sales establishment, under the provisions of Section 2-803.0, at 400 Poinsettia A venue. The DRC recommended approval of the application with the following bases and conditions: Bases for Approval: 1. The proposal complies with the retail sales & service criteria of Section 2-802.0; 2. The plan complies with General Applicability Criteria under the provisions of Section 3-913; 3. The proposed development is compatible with the surrounding area; and 4. The proposal is in compliance with the Retail and Restaurant District as outlined in Beach by Design. Conditions of Approval: 1. That the final design and color of the building be consistent with the conceptual elevations submitted to the DRC; and 2. That all signage be consistent to the design/colors submitted and comply with the requirements of the signage portion of the Community Development Code and Beach By Design. I concur with the findings of the Development Review Committee and, through this letter, approve your application for Flexible Standard Development. The approval is based on, and must adhere to the revised application and elevations dated June 14,2004. Pursuant to Section 4-303, an application for a building permit shall be made within one year of Flexible Standard Development approval (July 29,2004). All required certificates of occupancy BRIAN J. AUI'GST, MAYOR-COM.\lISSIOI'ER Bon HAMILTO:\, VICE MAYOR-COMMISSIONER WHITI'EY GRAY, CO.\l.\lISSIOI'FR FI0\\;K HIBBARD, COM.\IISSIONER * BILLJOI'SOI', Cml.\lISSIOI'FR "EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYFR" - e July 29, 2004 Mr. Levy - Page 2 shall be obtained within one year of the date of issuance of the building permit. Time frames do not change with successive owners. 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 John Schodtler, Planner I at 727-562-4604. You can access zoning information for parcels within the City through our website: www.myc1earwater.com. Sincerely, ~ Cynthia H. Tarapani, AICP Planning Director S:\Planning DepartmenflC D l/IStandard FleX\Pending Cases\2 - Reviewed and Pending\Poinsettia Ave 400 - L&L Wings (T) JVS\Poinsettia 400 Development Order. doc - e LL o >- I- - U FAX COVER MEMO CITY OF CLEARW A TER PLANNING DEPARTMENT 100 S. MYRTLE AVE., 2nd Floor CLEARWATER, FL 33756 (727) 562-4567 FAX: (727) 562-4865 TO:_"'R\~ ~d~ FAX:-=tlO- 32.7- Zl3Co Phone: FROM: Q'OhV"\ ~ . DATE: (j ~ liS' )t:J? , .. Phone: MESSAGE: SUBJECT: v.J LrvG.S 400 PG>I~S'6\T)~ i="L-S -;,00 3- Cf1 Q4-(p &Mm~ LA(' +tJ ds:b - NUMBER OF PAGES(INCLUDING THIS PAGE) 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 July 29, 2004 Mr. Shaul Levy L&L Wings Inc. 400 Poinsettia A venue Clearwater, Florida 33767 RE: Development Order regarding case FLS2003-09046 at 400 Poinsettia A venue. Dear Mr. Levy: This letter constitutes a Development Order pursuant to Section 4-202.E of the Community Development Code. On October 30, 2003, the Development Review Committee (DRC) reviewed your application for Flexible Standard Development approval for redevelopment of an existing retail sales establishment, under the provisions of Section 2-803.0, at 400 Poinsettia Avenue. The DRC recommended approval of the application with the following bases and conditions: Bases for Approval: 1. The proposal complies with the retail sales & service criteria of Section 2-802.0; 2. The plan complies with General Applicability Criteria under the provisions of Section 3-913; 3. The proposed development is compatible with the surrounding area; and 4. The proposal is in compliance with the Retail and Restaurant District as outlined in Beach by Design. Conditions of Approval: 1. That the final design and color of the building be consistent with the conceptual elevations submitted to the DRC; and 2. That all signage be consistent to the design/colors submitted and comply with the requirements of the signage portion of the Community Development Code and Beach By Design. I concur with the findings of the Development Review Committee and, through this letter, approve your application for Flexible Standard Development. The approval is based on, and must adhere to the revised application and elevations dated June 14,2004. Pursuant to Section 4-303, an application for a building permit shall be made within one year of Flexible Standard Development approval (July 29,2004). All required certificates of occupancy BRIAN J. AUNGST, MAYOR-COMMISSIONER HoYT HAMILTON, VICE MAYOR-COMMISSIONER WHITNEY GRAY, COMMISSIONER FRANK HII3BARD, COMMISSIONER * BILL JONSON, COM~lISSIONER "EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER" July 29,2004 Mr. Levy - Page 2 shall be obtained within one year of the date of issuance of the building permit. Time frames do not change with successive owners. 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 John Schodtler, Planner I at 727-562-4604. You can access zoning information for parcels within the City through our website: www.myclearwater.com. Sincerely, ~~p~ Cynthia H. Tarapani, AICP Planning Director S:\Planning Department\C D B\Standard Flex\Pending Cases\2 - Reviewed and Pending\Poinsettia Ave 400 - L&L Wings (T) JVS\Poinsettia 400 Development Order. doc 90 [rflIT I:Z'~c:?6>c" ,,}O I~ \\<;1 u\ ~ OF' ~{~"_ ~5)~~ "~i)\';~~-~\\~:;; , ' '~-;-~~ '0~it~\~,~' "'"" N:~'.(')'/J ~i\~': "." . ;",,9,' j''',,;r$B'O'''(,'~' AJ ,,,. Vi' A1~ rO \ ~~v ~<i>...4" iC \\,,~j. -~"rLT..<<f ",,~Jj ~ f.l CITY OF CLEARWATER PLANNING DEPARTMENT POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUIWING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAX (727) 562-4576 LONG RANGE PIANNING DEVELOPMENT REvIEW July 29, 2004 Mr. Shaul Levy L&L Wings Inc. 400 Poinsettia A venue Clearwater, Florida 33767 RE: Development Order regarding case FLS2003-09046 at 400 Poinsettia A venue. Dear Mr. Levy: This letter constitutes a Development Order pursuant to Section 4-202.E of the Community Development Code. On October 30, 2003, the Development Review Committee (DRC) reviewed your application for Flexible Standard Development approval for redevelopment of an existing retail sales establishment, under the provisions of Section 2-803.0, at 400 Poinsettia A venue. The DRC recommended approval of the application with the following bases and conditions: Bases for Approval: 1. The proposal complies with the retail sales & service criteria of Section 2-802.0; 2. The plan complies with General Applicability Criteria under the provisions of Section 3-913; 3. The proposed development is compatible with the surrounding area; and 4. The proposal is in compliance with the Retail and Restaurant District as outlined in Beach by Design. Conditions of Approval: 1. That the final design and color of the building be consistent with the conceptual elevations submitted to the DRC; and 2. That all signage be consistent to the design/colors submitted and comply with the requirements of the signage portion of the Community Development Code and Beach By Design. I concur with the findings of the Development Review Committee and, through this letter, approve your application for Flexible Standard Development. The approval is based on, and must adhere to the revised application and elevations dated June 14,2004. Pursuant to Section 4-303, an application for a building permit shall be made within one year of Flexible Standard Development approval (July 29,2004). All required certificates of occupancy BRlAN l AUNGST, MAYOR,COMMISSIONER HoYT HAMILTON, VICE MAYOR-COMMISSIONER WHITNEY GRAY, Cm1MISSIOi\ER FRANK HlllllARD, COMMISSIONER <it) BILL]ONSON, COM~lISSIOi\ER "EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER" July 29,2004 Mr. Levy - Page 2 shall be obtained within one year of the date of issuance of the building permit. Time frames do not change with successive owners. 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 John Schodtler, Planner I at 727-562-4604. You can access zoning information for parcels within the City through our website: www.myclearwater.com. Sincerely, ~1J1;ZI1//~ Cynthia H. Tarapani, AICP Planning Director S:\Planning Department\C D B\Standard Flex\Pending Cases\2 - Reviewed and Pending\Poinsettia Ave 400 - L&L Wings (T) JVS\Poinsettia 400 Development Order. doc o-e ~~1fT ~Z~;~~9.~~;;- \")G @,'\~ ~J1Uf' i . ~~, \;,'i~ \. '~y.~tpri~$## 0{;4.}~""i,\,~1- . , Z,',;;:"" I ~~~-~""""':~ ::, ~~~~,,, \ I <~r~"~ ~ -:, '~~~\~(~~- " -^")' ';;..'.:41'12' "'-#------ ,"'\.~'-" ~;-..' 'rl.i.rS'''G:I..,_.1t.~'\h, -.,,"1' .~~ '1"1'11- 1:0, 'I" ~~~,?q_~~n"!fJ' CITY OF CLEARWATER PlANNING DEPARTMENT POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTIE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAX (727) 562-4576 LONG RANGE PlANNING DEVELOPMENT REviEW July 29, 2004 Mr. Shaul Levy L&L Wings Inc. 400 Poinsettia A venue Clearwater, Florida 33767 RE: Development Order regarding case FLS2003-09046 at 400 Poinsettia A venue. Dear Mr. Levy: This letter constitutes a Development Order pursuant to Section 4-202.E of the Community Development Code. On October 30, 2003, the Development Review Committee (DRC) reviewed your application for Flexible Standard Development approval for redevelopment of an existing retail sales establishment, under the provisions of Section 2-803.0, at 400 Poinsettia Avenue. The DRC recommended approval of the application with the following bases and conditions: Bases for Approval: 1. The proposal complies with the retail sales & service criteria of Section 2-802.0; 2. The plan complies with General Applicability Criteria under the provisions of Section 3-913; 3. The proposed development is compatible with the surrounding area; and 4. The proposal is in compliance with the Retail and Restaurant District as outlined in Beach by Design. Conditions of Approval: 1. That the final design and color of the building be consistent with the conceptual elevations submitted to the DRC; and 2. That all signage be consistent to the design/colors submitted and comply with the requirements of the signage portion of the Community Development Code and Beach By Design. I concur with the findings of the Development Review Committee and, through this letter, approve your application for Flexible Standard Development. The approval is based on, and must adhere to the revised application and elevations dated June 14,2004. Pursuant to Section 4-303, an application for a building permit shall be made within one year of Flexible Standard Development approval (July 29, 2004). All required certificates of occupancy BRIAN J AUNGST, MAYOR-COMMISSIONER HoY!' HAMILTON, VICE MAYOR-COMMISSIONER WHITNEY GRAY, COMMISSIOKER FRANK HIBBARD, COMMISSIONER * BIU]ONSON, COM:-lISSIOKER "EQUAL EMPLOYMENT AND AFfIRMATIVE ACTION EMPLOYER" July 29, 2004 Mr. Levy - Page 2 shall be obtained within one year of the date of issuance of the building permit. Time frames do not change with successive owners. 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 John Schodtler, Planner I at 727-562-4604. You can access zoning information for parcels within the City through our website: www.myc1earwater.com. Sincerely, ~~I/~ Cynthia H. Tarapani, AICP Planning Director S:\Planning Departmenl\C D B\Standard Flex\Pending Cases\2 - Reviewed and Pending\Poinsettia Ave 400 - L&L Wings (T) JVS\Poinsettia 400 Development Order. doc -conditions Associated Wit!' FLS2003-09046 400 POINSETTIA AVE Zoning Condition John Schodtler 562-4604 06/15/2004 Elevations need to be revised to show only what is proposed. It is my understanding the most Not Met recent elevations submitted show columns and window treatments that are not apart of this proposal. In order to determine if the proposed tower will be architecturally intergrated with the existing building you need to revise the elevations. 06/15/2004 The proposed four attached signs do not meet the sign code requirements. Code allows for one Not Met attached sign (based on 1 sf of signage for every 100 s.f. of building facade facing the street). A comprehensive sign program application can be made for additional attached signs, however it must show how it is architecturally integrated to the existing buildings architecture. 06/15/2004 Need to provide a letter from the Pinellas County Property Appraisor's office indicating the current Not Met appraised value of the "structure only" on this property so we can verify you are not exceeding the 25% improvement requirement of the code. 06/15/2004 Please have these comments addressed and back to me prior to Friday, July 2,2004. If you wish Not Met to schedule a meeting with me to discuss this in greater detail please contact - Sherry Watkins, Administrative Analyst at 727-562-4582 for a date and time. rd 'j/; Print Date: 06/15/2004 CaseConditons Page 1 of 1 LL e 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 WWW.MYCLEARWATER.COM o >- I- u LONG RANGE PLANNING DEVELOPMENT REVIEW March 30, 2004 Mr. Peter Marich 410 South Lincoln Avenue Clearwater, FL 33756 RE: Flexible Standard Development application FLS2003-09046. Dear Mr. Marich: The Development Review Committee (DRC) has reviewed your Flexible Standard Development application for redevelopment of an existing retail sales establishment in the Tourist zoning district, under the provisions of Section 2-803.0, at 400 Poinsettia Avenue. The DRC reviewed this application on October 30,2003 with the following comments: 1. Plannin2: a) Need color elevations showing all proposed signage. In addition, I met with the contractor in early March, about changing the Flexible Standard request to meet the 25% improvement requirement by limiting the extent of the fa~ade change. I have no issue with a change in the proposal at this time. However, Six months have passed since your October 30, 2003 DRC meeting and we have not received a resubmittal to your final DRC comment. If you intend to continue this application please do so prior to the next DRC deadline, April 28, 2004, otherwise your application will be considered withdrawn. If you have no intention of continuation of this application, please draft a letter addressing your wish to withdraw. If you have any questions, please do not hesitate to call me at 727-562-4604 or email at john.schodtler@myc1earwater.com. Sincerely yours, J~~ Development Review Specialist S:\Planning Department\C D B\Standard Flex\Pending Cases\2 - Reviewed and Pending\Poinsettia Ave 400 - L&L Wings (T) JVS\six month letter 033004.doc e e LL rwater o >- I- - U FAX COVER MEMO CITY OF CLEARWATER PLANNING DEPARTMENT 100 S. MYRTLE AVE., 2nd Floor CLEARW A TER, FL 33756 (727) 562-4567 FAX: (727) 562-4865 TO: Pe.""T'E:-Y2- N\ ARlc.H FAX: 44(-l2~~ Phone: FROM: (jOhn S. DAT~3-- Jz..]63103 MESSAGE: Phone: SUBJECT: t;.J\t..J~S - 400 Po)n<;~~ NUMBER OF PAGES(INCLUDING THIS PAGE) DATE,TIME FAX NO./NAME DURATION PAGE(S) RESULT MODE RANSMISSION VERIFICATION REPOR 12/03 12:14 94477243 00:01:35 03 OK STANDARD ECM TIME 12/03/2003 12:15 NAME PLAN FAX 7275524575 TEL 7275524557 e e Conditions Associated With FLS2003-09046 400 POINSETTIA AVE 09/29/2003 John Schodtler 562-4604 10/21/03 Rec'd South & East Elevation. - STILL NEED NORTH & WEST ELEVATIONS. Also need sign elevation indicating colors. Not Met 10/30/03 Provide north, south and west elevations, and include colors and materials. Irrigation Condition Arden Dittmer 562-4604 01/03/2003 Irrigation must meet the City Code per Section 3-1203.C., adjust plans to show 100% coverage, Not Met rain sensor, automatic timer, etc. Landscape Curbing Condition Arden Dittmer 562-4604 10/03/2003 Per Section 3-1204.D. all landscaping must be protected from vehicular and pedestrian traffic by Not Met the installation of curbing and wheel stops, or other protective devices along the perimeter of any landscaping which adjoins vehicular use areas and sidewalks. These protective devices shall have a minimum height of six inches above grade. Landscape Site Triangle Condit Arden Dittmer 562-4604 11/05/2003 Landscape Plan does not show the sight triangles as described in Article 3, Division 9, revise the Not Met plan to show these triangles at all the street and driveway intersections. Landscape Site Triangle Plants Arden Dittmer 562-4604 11/05/2003 Per Section 3-1204.H. Plants in the sight triangles must be installed in accordance with the Not Met requirements in Article 3, Division 9 to minimize traffic hazards. Landscape 10% Interior Conditi Arden Dittmer 562-4604 10/03/2003 Per Section 3-1202.E.1 Code requires a minimum of 10% interior green space of gross vehicular Not Met use area or 12% of gross vehicular use area if parking spaces area greater than 110% of the required parking. Interior islands shall be designed so that in most cases no more than 10 parking spaces are provided in a row. Interior islands shall be a minimum of 150 sq. ft., and be 8' of green space from back of curb to back of curb. Landscape Perimeter Condition Arden Dittmer 562-4604 10/03/2003 Plan does not meet the requirements of perimeter plantings in Code Section 3-1202.D. Not Met Req'd Tree Size Condition Arden Dittmer 562-4604 11/05/2003 Per Section 3-1202.8.1. Code requires trees to be 10' in height and 2 1/2" cal. at planting, Not Met ornamental trees can be 8' in height and 2" cal., and palms must be 10' clear and straight trunk at planting. Make changes in Legend and submit revised page for review. Building Facade Landscape Co Arden Dittmer 562-4604 10/03/2003 Per Section 3-1202.E.2. Foundation plantings shall be provided for 100% of a building facade with Not Met frontage along a street right of way, excluding space necessary for building ingress and egress, within a minimum five foot wide landscaped area composed of at least two accent trees (or palm equivalents) or three palms for every 40 linear feet of building facade and one shrub for every 20 square feet of required landscaped area. A minimum of 50% of the area shall contain shrubs with the remainder to be ground cover. Landscape Arden Dittmer 562-4604 Print Date: 12/02/2003 CaseConditons Page 1 of 2 e e FLS2003-09046 400 POINSETTIA AVE Landscape 11/05/2003 Arden Dittmer 562-4604 Add quantities to the plant schedule in a tabular format where plant totals are clearly indicated at the front of each plant material proposed. Not Met 11/05/2003 10/2/2003 - (A_D) Show all existing and proposed landscape materials; 11/05/2003 - (A_D) All palms must be 10' clear and straight trunk per Code. Not Met 10/2/2003 - (A_D) Need landscape plan to have a plant schedule indicating the sizes, heights, plant name and quantity of each; 11/05/2003 11/05/03 - (A_D) Not Met Hedge can be installed on the west side of building at 36" on center. 10/2/2003 - (A_D) Landscape must meet Code Section 3-1202 since the project improvements exceed 25% of the primary structure value; 11/05/2003 A revised plan must be submitted to staff for review and approval prior to D.O. Not Met 11/05/2003 Parking design has 45 degree spaces facing the building creating small islands with Parsonii Not Met juniper which will have pedestrians crossing them and effectively harming the plants. To correct flip the parking to add the islands to the east side buffer. Additionally, the drive isle is shown as 14' where 13' is required, add l' to the planter by the building and adjust drive isle to Code requirement. Check with traffic eng. for parallel H.C. parking spaces, this may allow an additional parking space in the 45 degree parking, or a wider tree island for the 10% interior greenspace requirement. Land Resource Condition Rick Albee 562-4741 10/06/2003 Incomplete tree survey, show tree types (species) and sizes of all existing trees on site Not Met Traffic Eng Condition Bennett Elbo 562-4775 10/03/2003 change parking configuration to one way, add loading zone, create H.C. access to public sidewalk. Not Met 11/05/2003 Relocate angled parking stall along Poinsetta Street. Not Met Zoning Condition John Schodtler 562-4604 11/18/2003 landscape plan resubmitted on 11/08/03 has site visibility triangle drawn incorrectly (poinsettia entrance) Not Met Print Date: 12/02/2003 CaseConditons Page 2 of 2 e e Page 1 of 1 Schodtler, John To: MAR410@aol.com Subject: RE: WINGS You will have to come in to the zoning counter during normal business hours. -----Original Message----- From: MAR410@aol.com [mailto:MAR410@aol.com] Sent: Wednesday, February 25,20043:16 PM To: Schodtler, John Subject: Fwd: WINGS When can I have an app't. next week PETER MARICH, ARCHITECT 410 S. LINCOLN AV. CLEARWATER, FL. 33756 TEL. 727461 2402 2/2512004 e e Page 1 of 1 Schodtler, John From: MAR410@aol.com Sent: Wednesday, February 25, 20042:22 PM To: Schodtler, John Subject: Fwd: WINGS for clarification they are in South Carolina and need a plan for the trip PETER MARICH, ARCHITECT 410 S. LINCOLN AV. CLEARWATER, FL. 33756 TEL. 727461 2402 2/25/2004 e e Page 1 of 1 Schodtler, John From: MAR410@aol.com Sent: Wednesday, February 25, 2004 2:17 PM To: Schodtler, John Subject: Fwd: WINGS Is there anyone else they can talk to, How about Frank Gerlock or someone you can recommend PETER MARICH, ARCHITECT 410 S. LINCOLN AV. CLEARWATER, FL. 33756 TEL. 727461 2402 2/2512004 e e Page 1 of 1 Schodtler, John From: MAR410@aol.com Sent: Wednesday, February 25, 2004 12:58 PM To: Schodtler, John Subject: Fwd: WINGS My client still wants a meeting at your convenience PETER MARICH, ARCHITECT 410 S. LINCOLN AV. CLEARWATER, FL. 33756 TEL. 727 461 2402 2/25/2004 Schodtler, John To: MAR410@aol.com Subject: RE: WINGS e e Page 1 of 3 Mr. Marich as it was discussed originally, the code states, Existing lots not meeting the landscaping, parking and signage requirements shall be brought into full compliance; "If an existing use is improved or remodeled in a value of 25 percent or more of the valuation of the principal strucuture as reflected on the property appraiser's current records." assessed value 1 ,680,000 minus land value 1,478,750 building value $201,250 25% 25% valuation $50,312 Your project valuation is $130,000 which exceeds the 25% valuation. 2/25/2004 e tit Page 2 of 3 08 / 29 / 15 / 02592 / 001 / 0290 Z5-Feb-Z004 JiM SMith, CFA Pinellas County Property Appraiser U:35:14 Ownership InforMation Non-Residential P rope rty Add ress. Use. and Sales SHAUL & HEIR LEUY PTNSHP C/O L & L WINGS INC 8 E 41ST ST 6TH FL NEW YORK NY 10011-6Z00 COMparable sales value as Prop Addr: 400 POINSETTIA AUE of Jan 1, 2003, based on Census Trac t : Z60.0Z sales froM 2001 - 2002: 0 Sale Date OR Book/Page Price (Qual/UnQ) Vac/IMp Plat InforMation 3 /Z.OOO 10.834/1. 161 1.890.000 (Q) I 1940 : Book OZ3 Pgs 045- 0 /0 0/ 0 0 ( ) 0000: Book Pgs - 0 /0 0/ 0 0 ( ) 0000: Book Pgs - 0 /0 0/ 0 0 ( ) 2003 Value EXEMPTIONS Just/Market: 1.680.000 HOMestead: 0 Ownership % .000 Historic : 0 Use %: .000 Assessed/Cap: 1.680.000 Tax ExeMpt %: .000 Other ExeMp t : 0 Taxable: 1.680.000 Agricultural: 0 2003 Tax InforMation Land InforMation District: CW Seawall: Frontage: Clearwater View: 03 Millage: Z3.0851 Land Size Unit Land Land Land Front x Depth Price Units Meth 03 Taxes: 38.18Z.91 1) Z50 x 118 50.00 Z9.515.00 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 wi 11 be : 5) 0 x 0 .00 .00 38.18Z.91 6) 0 x 0 .00 .00 Without any exeMptions, Total Land Value: 1.418.150 2003 taxes will be : 38.18Z.91 Short Legal BARBOUR-HORROW SUB BLK A. LOTS Z9 THRU 33 Description INCL -----Original Message----- From: MAR410@aol.com [mailto:MAR410@aol.com] Sent: Wednesday, February 25, 2004 10:43 AM To: Schodtler, John Subject: WINGS John; 2/2512004 .. e e Page 3 of 3 need a time to meet with you next week Client has had the building appraised at $800K He wants to amend the site work and related costs PETER MARICH, ARCHITECT 410 S. LINCOLN AV. CLEARWATER, FL. 33756 TEL. 727 461 2402 2/25/2004 t e e Page 1 of 1 Schodtler, John From: on behalf of Schodtler, John To: MAR410@aol.com Subject: Wings FLS2003-09046 CaseConditions Mr. Marich here is a list of the remaining condition. John Schodtler 2/312004 t e Conditions Associated With FLS2003-09046 400 POINSETTIA AVE Zoning Condition John Schodtler 11/18/2003 Need color elevations showing all proposed signage. Print Date: 02/03/2004 Page 1 of 1 e 562-4604 Not Met CaseConditons e e Page 1 of 1 Schodtler, John From: MAR410@aol.com Sent: Friday, January 30,200412:18 PM To: Dittmer, Arden Cc: Schodtler, John Subject: WINGS 400 POINSETTA STILL WAITING YOUR APPROVAL LESS THE SIGN ISSUE PETER MARICH, ARCHITECT 410 S. LINCOLN AV. CLEARWATER, FL. 33756 TEL. 727 461 2402 1/30/2004 e e Page 1 of 1 Schodtler, John From: Dittmer, Arden Sent: Friday, January 30, 2004 12:30 PM To: 'MAR410@aol.com' Cc: Schodtler, John Subject: RE: WINGS 400 POINSETTA I'm ok... John and Rick have holds along with traffic eng. Arden Dittmer Development Review Specialist Landscape Plan Review City of Clearwater (727)562-4567 ext.2563 arden.d i ttmer@myclearwater.com -----Original Message----- From: MAR410@aol.com [mailto:MAR410@aol.com] Sent: Friday, January 30,2004 12:18 PM To: Dittmer, Arden Cc: Schodtler, John Subject: WINGS 400 POINSETTA STILL WAITING YOUR APPROVAL LESS THE SIGN ISSUE PETER MARICH, ARCHITECT 410 S. LINCOLN AV. CLEARWATER, FL. 33756 TEL. 727461 2402 1/30/2004 ~7/11/2003 02:02 FAX 12124818254 · e L & L WINGS . WINGS #902 l4I 002 IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL .::;IRCUIT IN AND FOR PINELLAS COUNTY, FLORIDJ\ L&L WINGS, INC., Plaintiff, vs. CASE. NO. 99-4150-CI-15 THE CITY OF CLEARWATER, Defendant. / SETTLEMENT AGREEMENT At a Mediation Conference held on the 15th day of June, 2000, and negotiations subsequent thereto, the parties have reached the following Settlernent Agreement: 1. City of Clearwater ("Defendant"), will pay to L&L \JVings, Inc. and Shaul and Meir Partnership (collectively "Plaintiffs"), the sum of $25,000.00 in full settlement of all claims for compensation from Defendant whatsoever, including statutory interest, attorney's and experts' fees and costs. 2. Subsequent to the satisfaction of the conditions set forth in Paragraphs 5, 6, 7, 8, and 9 herein, the parties agree to exchange mutual rele.:l.ses of all claims and further agree that counsel for Plaintiffs and Defendant will jointly nubmit to the Court for signature a joint motion for dismissal with prejudice. * 3. Defendant will pay Plaintiffs the aforesaid $25,000.00 within thirty (30) days of the actual date of receipt by Defendant's counsel of a conformed copy of the aforesaid final disposition from the Court. c; 4. Defendant will allow Plaintiffs to increase the signClge at the subject site with additional wall signage on the south and east building faces, subject to approval by Defendant and in substantial conformance with Defendant's sign ordinance. 5. Defendant will approve a joint driveway connectiorl to Plaintiffs' property substantially as shown on the drawing attached hereto as ExhibIt "A". The use of said driveway connection by Plaintiffs and Plaintiffs' customers shall h~ conditioned upon the use of driveway not exceeding a number of peak hour trips into Plaintiffs' property through the aforesaid driveway connection. The maximum nutT'ber of peak hour trips allowed shall be eighty-five (85). Defendant shall give P~aintiffs notice should Defendant become aware of any peak hour trip counts that exceed sixty-five (65). If, after completion and implementation of the joint driveway, Plaintiff's use of the driveway exceeds said limit, as confirmed by at least three (3) peak hour trip counts in excess of . . Com"clunity Response Team Planning Oept. Cases - ORC Case No. ~~ 02()15~-::;;;'-' 090Y? Meeting Date: a-/L:7~~~ Location: ~O/J 4:0 rr ~~//:7 :. ~ p- o Current Use: ~~ /--"/7)7 <: - /e/OA- / ~O/ 0 o Active Code Enforcement Case@ yes: o Address number@XnO) (vacant land) o Landscaping@(no) o Overgrown (yes) @ o Debris (yes) @ o Inoperative vehicle(s) (yes)~ o Building(s) ~fair) (poor) (vacant land) o Fencing ~(good) (dilapidated) (broken and/or missing pieces) o Paint 9 (fair) (poor) (garish) o Grass Parking (yes) ~ o Residential Parking Violations (yes) ~ o Signage (none@(not ok) (billboard) o Parking (n/a) ~handicapped) ~eds repavin9D o Dumpster (enclosed) (~ o Outdoor storage (yes) ~ 1'0) <S~ " 6~ Comments/Status Report (attach any pertinent documents): Date of Review: /0- /~O ~ Revised 03-29-01 ReViewedb~L<.~ r~LitA:F . . CITY OF CLEARWATER PLANNING DEPARTMENT POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRUE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAX (727) 562-4576 LONG RANGE PLANNING DEVELOPMENT REVIEW September 29, 2003 Mr. Peter Marich 410 South Lincoln Avenue Clearwater, FL 33756 Re: Flexible Standard Development approval (FLS2003-09046) for redevelopment of an existing retail sales establishment, under the provisions of Section 2-803.0, at 400 Poinsettia Avenue. Dear Mr. Marich: The Planning staff has reviewed your application for Flexible Development approval for redevelopment of an existing retail sales establishment, under the provisions of Section 2-803.0, at 400 Poinsettia A venue. After review of the resubmitted documents, staff has determined that the application is mostly complete. Please provide the following items and/or information: 1. Readdress general applicability criteria #5 from section 3-913.A. This criterion is asking, what other properties in the general vicinity of the property proposed for development are similar in character. Provide written and/or photographic information to show how the proposed development is consistent with the community character of the immediate vicinity of the parcel proposed. 2. The valuation of the principle structure as reflected on the property appraiser's current records is $201,250. Landscaping and parking codes sections shall be brought into full compliance if the remodel exceeds 25% of the value of the principle structure. Please provide a revised landscape plan. If you have any questions, please do not hesitate to call me at 727-562-4604. You can access zoning information for parcels within the City through our website: www.clearwater-fl.com. Sincerely, J~~~ Development Review Specialist S:\Planning Departmentl'c D B\Standard FleNending Cases\3 - Next DRC\Poinsettia Ave 400 - L&L Wings (T)\Poinsettia 400 Incomplete Letter. doc BRIAN]. AUNGST, MAYOR-COMMISSIONER HoYT HAMILTON, VICE MAYOR-COMMISSIONER WHITNEY GRAY, COMMISSIONER FRANK HIBBARD, COMMISSIONER * BIl.L]ONSON, COMMISSIONER "EQUAL EMPLOYMENT A.'JD AFFIRMATIVE ACTION EMPLOYER" . . ",'TII~~""" .t"~\!LOF Tiff ~~ ~~~ .,....n~~~A""" ~~~ I ~~7':., ~C:3(\.\ 1/ t ~ ~ "'_~ '~_!lll .... .... -....-- ..~~ , ~-- ~~~~' ~ ~~~ ~~~"Q~J"'~~"" ....~..)1TE~~,..tt. #lell" CITY OF CLEARWATER LoNG RANGE PlANNING DEVELOPMENT REvIEW PIANNING DEPARTMENT POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUILDING, 100 SmITH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAX (727) 562-4576 October 3, 2003 RE: NOTICE OF FILING OF AN APPLICATION FOR FLEXIBLE STANDARD DEVELOPMENT APPROVAL AT 400 Poinsettia A venue (FLS2003-09046) To Surrounding Property Owners: As a property owner within 200 feet of 400 Poinsettia A venue, the City of Clearwater Planning Department gives notice that an application for Flexible Standard Development has been filed for that property. The request is for redevelopment (complete building fa~ade remodel) of an existing retail sales establishment, under the provisions of Section 2-803.0 On October 30, 2003, the Developfi,1~~t Revie..y c;<:>.rr,unit~~e (c~I?J>o~ed of the City's professional staft) will review and determine whetheflthe application demOnstrates compliance with the City's Community Development Code. Following t)~t, review and determination, the 'planning Director will issue a Development Order approving, approving with conditions or,denying the application. If' , The City encourages you to participate'irl the'reviewiprocess ohMs 'application.. You may phone me at 727-562-4604 for further information, visit our office to review the files and/or submit written comments to be considered in the City's review of the application. An appeal of the decision of the Planning Director may be initiated by the applicant or property owners within the required notice area who present competent substantial evidence at, or prior to, the Development Review Committee meeting (October 30, 2003). An appeal must be filed, including an appeal fee, with the Planning Department within seven days of the date of the Development Order. Thank you for your interest in the City of Clearwater's development review process. Please do not hesitate to contact me should you have any questions. You may access our Planning Department through the City's website: www.clearwater-fl.comor my direct e-mail addressisischodtl@clearwater-fl.com. Sincerely, 4~1- J 0 chodtler Development Review Specialist S:\Planning Departmenf\C D B\Standard FleXIPending Cases\3 - Up for the Next DRC\Poinsettia Ave 400 - L&L Wings (TJlPoinsettia 400 Notification Letter.doc BRIAN]. AUNGST, MAYOR-COMMISSIONER HoYr HA.\1ILTON, VICE MAYOR-COMMISSIONER WHITNEY GRAY, COMMISSIONER FRAKK HIBBARD, COMMISSIONER * BILL JONSON, COMMISSIONER "EQUAL EMPLOYMENT A,I\1D AFFIRMATIVE ACTION EMPLOYER" e r " TAYLOR, JOHN Sill C/O CLEARW ATER-SURFSIDE TR 400 MANDALA Y AVE CLEARWATER FL 33767 - 2011 CLEARWATER, CITY OF PO BOX 4748 CLEARWATERFL 33758 - 4748 HOLT, VIRGINIA D TRE 741 BRUCE AVE CLEARWATERFL33767 -1419 RIMAR, ALLAIN T TRE RIMAR, MARILYN D TRE 431 COREY AVE ST PETE BEACH FL 33706 - 1901 WINNER, MARLEE A 395 MANDALAY AVE CLEARWATER FL 33767 - 2010 SHAUL & MEIR LEVY PTNSHP C/O L & L WINGS INC 8 E 41ST ST 6TH FL NEW YORK NY 10017 - 6200 PIMENIDIS, JOHN H PIMENIDIS, CHRISTINA 1651 SAND KEY ESTATES CT # 11 CLEARWATER FL 33767 - 2933 CARACO, JOSEPH LINARES, ANTHONY 800 S KEENE RD CLEARWATER FL 33756 - 4630 TRAVELER MOTEL INC 408 E SHORE DR CLEARWATER FL 33767 - 2027 VOULGARIS, APOSTOLOS VOULGARIS, ANNlKA 441 EAST SHORE DR CLEARWATER FL 33767 - 2028 //,',{':?:.?t:0'7 ~'l') ~~s4;~~CI~t'C~~ · C/O FORLINI, DOMENIC 808 MANDALA Y AVE CLEARWATER FL 33767 - CLEARWATER BEACH BK INVESTORS C/O HUNTINGTON NATL BANK PO BOX 182334 COLUMBUS OH 43218 - 2334 CARRATT, HARRIET J TRE SAROODIS, KALIOPE TRUST C/O CARRATT, PETER D 2457 W PALM DR TAMPA FL 33629 -7315 PERONIS, LOUIS G 399 MANDALA Y AVE CLEARWATER FL 33767 - 2010 HOMER REALTY CO PO BOX 59 CLEARWATER FL 33757 - 0059 CARACO, JOSEPH IOCOLANO, FRANCO 800 S KEENE RD CLEARWATERFL 33756 - 4630 SCHUTZENDORF, GILBERTH TRE SCHUTZENDORF, ALICE M TRE 19029 US HIGHWAY 19N#B8 CLEARWATERFL 33764 - 3015 T J CLEARWATER CORP 1100 LIVE OAK CT CLEARWATERFL 33756 - 4539 TSAFATINOS, TERRY TSAF A TINOS, DIMITRIOS 667 SNUG ISL CLEARWATERFL 33767 -1830 VOULGARIS, APOSTOLOS A VOULGARIS, ANNIKA 441 EAST SHORE DR CLEARWATER FL 33767 - 2028 RE, C JOHN PULLARA, JOSEPH A 427 LOCH DEVON DR LUTZ FL 33548 - SAPOURN, PETER J TRUST C/O SAPOURN, MARIE P TRE 2285 ISRATELI DR # 61 CLEARWATERFL 33763- RIMAR, ALLAIN T TRE 431 COREY AVE ST PETE BEACH FL 33706 - 1901 MAHONY, ARLENE 1736 SHARONDALE DR CLEARWATERFL 33755 - 2338 HAMILTON, HOWARD G 10 BAY ESPLANADE CLEARWATERFL 33767 - 1603 FORLINI, DOMENIC FORLINI, FULVIA 808 MANDALA Y AVE CLEARWATER FL 33767 - VOLTSIS, PANDELIS A VOL TSIS, NIKI 427 POINSETTIA AVE CLEARWATER FL 33767 - 2025 PRESTON, MICHAEL G TRE 419 EAST SHORE DR CLEARWATER FL 33767 - 2028 RA TNINC 400 EAST SHORE DR CLEARWATERFL 33767 - 2027 KOUTLEMANIS, ARISTOTELIS KOUTLEMANIS, NICK 423 EAST SHORE DR CLEARWATER FL 33767 - 2028 ~RE~O~' MICHAEL G TRE · I 419 EAST SHORE DR CLEARWATER FL 33767 - 2028 G L A PROPERTIES INC 405 EAST SHORE DR CLEARWATER FL 33767 - 2028 CLEARWATER, CITY OF C/O FINANCE DEPT PO BOX 4748 CLEARWATER FL 33758 - 4748 CLEARWATER, CITY OF PO BOX 4748 CLEARWATERFL 33758 - 4748 CLEARWATER, CITY OF PO BOX 4748 CLEARWATERFL 33758 - 4748 CLEARWATER, CITY OF PO BOX 4748 CLEARWATER FL 33758 - 4748 CLEARWATER, CITY OF PO BOX 4748 CLEARWATERFL 33758 - 4748 PIMENIDIS, JOHN H PIMENIDIS, CHRISTINA C/O KOLI-BREE MOTEL 440 EAST SHORE DR CLEARWATER FL 33767 - 2031 KATHERINE OF CANTERB~ INC 2919 WEST BAY DR BELLEAIR BLUFFS FL 33770 - 2621 BEACH ENTERPRISES OF CLEARWATER INC 403 EAST SHORE DR CLEARWATER FL 33767 - 2028 CLEARWATER, CITY OF PO BOX 4748 CLEARWATER FL 33758 - 4748 CLEARWATER, CITY OF PO BOX 4748 CLEARWATER FL 33758 - 4748 CLEARWATER, CITY OF PO BOX 4748 CLEARWATER FL 33758 - 4748 CLEARWATER, CITY OF PO BOX 4748 CLEARWATER FL 33758 - 4748 HEILMAN FAMILY LTD PTNSHP 941 BAY ESPLANADE CLEARWATER FL 33767 - 1002 DOKTORSKY, LEV N 409 EAST SHORE DR CLEARWATERFL33767 - 2040 BAREFOOT BAY RESORT INC 2 WINDWARD IS CLEARWATERFL 33767 - 2321 CLEARWATER, CITY OF PO BOX 4748 CLEARWATER FL 33758 - 4748 CLEARWATER, CITY OF PO BOX 4748 CLEARWATER FL 33758 - 4748 CLEARWATER, CITY OF PO BOX 4748 CLEARWATER FL 33758 - 4748 CLEARWATER, CITY OF PO BOX 4748 CLEARWATER FL 33758 - 4748 HEILMANS RESTAURANTS INC 447MANDALAY AVE CLEARWATER FL 33767 - 2013 . . 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 29, 2003 Mr. Peter Marich 410 South Lincoln Avenue Clearwater, FL 33756 Re: Flexible Development approval (FLS2003-09046) for redevelopment of an existing retail sales establishment, under the provisions of Section 2-803.0, at 400 Poinsettia Avenue. Dear Mr. Marich: The Planning staff has reviewed your application for Flexible Development approval for redevelopment of an existing retail sales establishment, under the provisions of Section 2-803.0, at 400 Poinsettia Avenue. 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, Staff shall specify the deficiencies of the application. No further development review action shall be taken until the deficiencies are corrected and the application is deemed complete. In order to be scheduled for the October 30, 2003, Development Review Committee (DRC), a complete application with all required information and drawings must be submitted (one original plus 12 copies) by noon on Friday, October 3,2003. Alternately, if a complete application not possible by October 3,2003, the next deadline for submission is noon on Thursday, October 23, 2003. The following items and/or information are required in order to make your application complete: 1. Revise the application to include Parcel Number 08/29/15/02592/001/0290. 2. Provide written and/or graphic information to show compliance with the criteria of 2-803.0 for retail sales and service use in the Tourist zoning district, including the dimensional standards (see attached). 3. Provide written and/or graphic information to show compliance with the general applicability criteria of 3-913.A.1, 2, & 5 (see attached). 4. State how the proposed redevelopment is in compliance with the Beach by Design guidelines (see attached). 5. The value of the remodel exceeds 50% of the valuation of the principle structure as reflected on the property appraiser's current records. Landscaping and parking codes sections shall be brought into full compliance (see attached). BRIAN J. AUNGST, MAYOR-COMMISSIONER HoYT HAMILTON, VICE MAYOR-COMMISSIONER WHITNEY GRAY, COMMISSIONER FRANK HIBBARD, COMMISSIONER * BILl. JONSON, COMMISSIONER "EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER" . . September 29, 2003 Marich - Page 2 6. Provide north, south and west elevations, and include colors and materials. 7. Provide written and/or graphic information indicating whether existing signage will be removed or to remain. If removed provide information on proposed signage. If you have any questions, please do not hesitate to call me at 727-562-4604. You can access zoning information for parcels within the City through our website: www.clearwater-fl.com. Sincerely, ~\.A.-- John Schodtler Development Review Specialist Attachments S:\Planning DepartmenflC D B\Standard FleXlPending Cases\3 - Up for the Next DRC\Poinsettia Ave 400 - L&L Wings (T)\poinsettia 400 Incomplete Letter.doc . .; . ZONING DISTRICTS ~ 2-802 by all existing land uses within 1,000 square feet of the parcel proposed for development, or parking is available through any existing or planned and com- mitted parking facilities or the shared parking formula in Article 3, Division 14. M. Public transportation facilities. 1. The public transportation facilities are not located within 1,000 feet of another public transportation facility unless nec- essary to serve established. transit stops with demonstrated ridership demand; 2. The public transportation facilities are designed, located and landscaped so that the structure of the facilities are screened from view from any residential use or land designated as residential in the Zon- ing Atlas; 3. All lighting associated with the public transportation facilities is designed and located so that no light is cast directly on any residential use or land designated as residential in the Zoning Atlas; 4. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. N. Restaurants: 1. Lot area and width: The reduction in lot area will not result in a building which is out of scale with existing buildings in the immediate vicinity of the parcel proposed for development; 2. Location: The use of the parcel proposed for development will not involve direct access to a major arterial street; 3. Height: The increased height results in an improved site plan and/or improved de- sign and appearance; 4. Signs: No sign of any kind is designed or located so that any portion of the sign is more than six feet above the finished grade of the front lot line of the parcel proposed for development unless such signage is a part of an approved compre- hensive sign program; Supp. No.6 5. Setbacks: a. The reduction in front setback con- tributes to a more active and dy- namic street life; " b. The reduction in front setback re- sults in an improved site plan or improved design "and appearance; c. The reduction in side and rear set- backs does not prevent access to the rear of any building by emergency vehiCles; d. The reduction in side and rear set- backs results in an improved site plan, more efficient parking or im- proved design and appearance; e. The reduction in side and rear set- backs does not reduce the amount of landscaped area otherwise required. Off-street parking: a. The physical characteristics of a pro- posed building are such that the likely uses of the property will re- quire fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building will be used for storage or other non-parking demand-generat- ing purposes; b. Adequate off-street parking is avail- able on a shared basis as determined by all existing land uses within 1,000 feet of the parcel proposed for devel- opment, or parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 2, Division 14; c. Fast food restaurants shall not be eligible for a reduction in the num- ber of off-street parking spaces. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. 6. 7. ~ O. Retail sales and services. 1. Lot area and width: The reduction in lot area will not result in a building which is CD2:71 . J . ~ 2-802 COMMUNITY DEVELOPMENT CODE out of scale with existing buildings in the immediate vicinity of the parcel proposed for development; 2. Location: The use of the parcel proposed for development will not involve direct access to a major arterial street; 3. Height: The increased height results in an improved sit~ plan or improved design and appearance; 4. Setbacks: a. The reduction in front setback con- tributes to a more active and dy- namic street life; b. The reduction in front setback re- sults in an improved site plan or improved design and appearance; c. The reduction in side and rear set- backs does not prevent access to the rear of any building by emergency vehicles; d. The reduction in side and rear set- backs results in an improved site plan, more efficient parking or im- proved design and appearance; e. The reduction in side and rear set- backs does not reduce the amount of landscaped area otherwise required; 5. Off-street parking: a. The physical characteristics of a pro- posed building are such that the likely uses of the property will re- quire fewer parking spaces per floor area than otherWise required or that the use of significant portions of the building will :)e used for storage or other non-parking demand-generat- mg purposes; b. Adjacent land uses are of a nature that there is a high probability that patrons will use modes of transpor- tation other than the automobile to access the use; c. Adequate parking is available on a shared basis as determined by all existing land uses within 1,000 feet of the parcel proposed for develop- Supp. No. 6 ment,or parking is available through any existing or planned and commit- ted parking facilities or the shared parking formula in Article 2, Divi- sion 14. 6. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. P. Sidewalk vendors. 1. The location of the sidewalk vendor does not impair pedestrian movement. 2. The land occupied by a sidewalk vendor is not designated or used for required off- street parking. Q. Social and community center. 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. R. Utility / infrastructure facilities. 1. Any above ground structure other than permitted telecommunication towers and utility distribution lines located on or along a rear lot line shall be screened from view by a landscaped opaque wall or fence which is at least two-thirds the height of the above ground structure and shall be landscaped with trees which five years after installation substantially will obscure the fence or wall and the above ground structure; 2. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. (Ord. No. 6526-00, ~ 1,6-15-00; Ord. No. 6928-02, ~~ 17-20, 5-2-02) CD2:72 . . 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: (Code Section 4-202.A.5) o SUBMIT A COPY OF THE TITLE INSURANCE POLICY, DEED OR AFFIDAVIT ATTESTING TO THE OWNERSHIP OF THE PROPERTY D. WRITTEN SUBMITTAL REQUIREMENTS: (Code Section 3-913.A) ~rovide complete responses to the six (6) GENERAL APPLICABILITY CRITERIA - Explain how each criteria is achieved, in detail: ~ 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. ' Q.:) 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. (]) 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. o Address the applicable flexibility criteria for the specific land use as listed in each Zoning District to which the waiver is requested (use separate sheets as necessary) - Explain how criteria is achieved, in detail: Page 2 of 6 - Flexible Standard Development Application - City of Clearw ater I I I I I I- f - III Beach by Design --- --.. r--'-'-"~'~'~'.-'l ! ." ^-';""(:::"-~""-::;' ~ ! i J i ! """",";',,-, i /iT"\ \ L~~~~~~J:~:~;:~:_'\ ! if \ I ratT!' j "L_",' ;: i i j { i i I I ( ; L._.___._' " r i_-: i-----._------"}''',,:_: .~':""":'~.:.J i_-T~~q~~:_::' i l" Ii ! ! :~.,,~JL~, f 'c. ,I .; i] i (r~~--- ~.- '" ""'<' "-.-. """ ''''\ "'<,:~.:''''-'''._._~._--.''-'''_r'''''\.., . <".,. , ,,,,...~,,.~'''''-'''''' r. \, ,.,.".,..~",",:,;~}"".,._..j /) '....- ,,;' / , ~. .-.......,..-._#.... D. Retail and Restaurant District A key element of any successful resort destination is a vital retail and restaurant district. Given traffic considerations for North Mandalay, Beach by Design contemplates that North Mandalay will be an attractive street, but will have limited function as a two-sided "retail . street." As a result, Beach by Design contemplates that the land area between North Mandalay and Poinsettia will become a retail/restaurant district in contrast to North Mandalay becoming a great retail street. Several uses including Pelican Walk, Heilemans and Eckerds front on both North Mandalay and Poinsettia, providing for an efficient and functional land use pattern. A key element of the Retail and Restaurant District strategy is the construction of a parking garage which will provide convenient parking to the District. - B!ach by Design: A Preliminary Design/or Clearwater Beach 14 Citv ofClearwatf?r Fi'lmo;&, I . I I I. Ii I- I I I I- I I I ; , I. Beach by Design Vll. DESIGN GUIDELINES Implementation of Beach by Design involves more than community redevelopment initiatives, it also involves private development and redevelopment that conforms to design objectives and principles established in Beach by Design. These objectives and principles will help the City promote safety, encourage cleanliness, and provide a comfortable environment. Any issue not addressed in these Design Guidelines shall be governed by the requirements of the Community Development Code. . Beach by Design: Design Objectives The design guidelines are intended to address and promote the followingprinciples and are intended to be administered in a flexible manner to achieve the highest quality built environment for Clearwater Beach. They are not intended to serve as regulations requiring specific relief except with regard to building height and spacing between buildings exceeding 1 00 feet in height. Bulk 1. To promote development and redevelopment which is in scale with the character and function of Clearwater Beach 2. To ensure that the gross density and intensity of development on Clearwater Beach does not exceed the capacity of public infrastructure 3. To ensure that new development is compatible with existing buildings 4. To maintain a distinct character on Clearwater Beach 5. To avoid further "walling off" of the Gulf of Mexico and the Intracoastal Waterway with "rows" of high rise buildings 6. To promote diversity in the scale, mass and height of buildings 7. To ensure that sidewalks are sufficiently wide to allow groups of pedestrians to pass without having to walk in the street 8. To ensure that the height of buildings is relative to and in scale with the width of public places Beach by Design: Design Guidelines Design 1. To ensure aesthetically pleasing architecture in a tropical vernacular 2. To create inviting, human scale "places" at the street level of all buildings 3. To promote an integration of form and function 4. To create a sense of a "beach community neighborhood" throughout Clearwater Beach 5. To use landscape material to differentiate Clearwater Beach from other beach areas and intensely developed places in Pinellas County 6. To landscape all surface parking areas so that the view of such parking facilities from public roads, sidewalks and other places is determined by landscape material instead of asphalt 7. To ensure that the street level of all buildings is pedestrian friendly 56 City of Clearwater, Florida Pinellas County Property AP.er Information: 08 29 1502592001.0 Page 2 of 5 08 / 29 / 15 / 02592 / 001 / 0290 29-Sep-2003 JiM 5Mith, CFA Pinellas County Property Appraiser 08:12:13 Ownership InforMation Non-Residential Property Address. Use. and Sales SHAUL & MEIR lEUY PTNSHP C/O l & l .....IN6S INC 8 E 41ST ST 6TH Fl NE..... YORK NY 10011-6200 COMparable sales value as Prop Addr: 400 POINS ETTIA AUE of Jan 1, 2003, based on Census Trac t : 260.02 sales frOM 2001 - 2002: 0 5ale Date OR BoOk/Page Price (Qual/UnQ) Vac/IMp Plat InforMation 3 /2.000 10.834/1.161 1.890.000 (Q) I 1940 : Book 023 Pgs 045- 0 /0 0/ 0 0 ( ) 0000 : Book Pgs - 0 /0 0/ 0 0 ( ) 0000 : Book Pgs - 0 /0 0/ 0 0 ( ) 2003 Value EXEMPTION5 ~st/Market: 1.680.000 HOMestead: 0 Ownership % .000 Historic : 0 Use %: .000 Assessed/Cap: 1.680.000 Tax ExeMpt %: .000 Other ExeMpt: 0 Taxable: 1. 680. 000 Agricultural: 0 2003 Tax InforMation Land InforMation District: C..... 5eawall : Frontage: Clearwater View: 03 Millage: 23.0851 Land 5ize Unit Land Land Land Front x Depth Price Units Meth 02 Taxes: 35.893.91 1) 250 x 118 50.00 29.515.00 S 5pecial Tax .00 2) 0 x 0 .00 . 00 3) 0 x 0 .00 . 00 Without the 5ave-Our-HoMes 4) 0 x 0 .00 .00 cap, 2003 taxes will be : 5) 0 x 0 .00 .00 38.182.91 6) 0 x 0 .00 nn Without any exeMptions, C Total Land Value: 1.418.150 2003 taxes will be : 38,182.91 5hort Legal BARBOUR-MORRO..... SUB BlK A, lOTS 29 THRU 33 Description INCl Building Information - I I "80 I 0 0 0 I. ~1.B I'SO Z 0 t I 2..5 0 "e>U1L.DIN&" V~-n() N .. J 30, 000 G:,5%' 6sr, ""A'.rE.D U),.,)S\~crl ~ c..o;;;.T. http://pao.co.pinellas.fl.us/htbin/cgi -scr3 70= 1 &a= 1 &b= 1 &c= 1 &r=.20&s=3&t= 1 &u=O&p... 9/29/2003 .Pinellas County Property AP.er Information: 08 29 1502592001.0 Page 2 of 5 08 / 29 / 15 / 02592 / 001 / 0290 Z9-Sep-Z003 JiM SMith, CFA Pinellas County Property Appraiser 08:1Z:13 Ownership InforMation Non-Residential Property Address. Use. and Sales SHAUL & HEIR lEUY PTNSHP clO l & l WINGS INC 8 E 41ST ST 6TH Fl NEW YORK NY 10017-6Z00 COMparable sales value as Prop Addr: 400 POINSETTIA AUE of Jan 1, 2003, based on Census Trac t : Z60. OZ sales frOM 2001 - 2002: 0 Sale Date OR BOOk/Page Price (Qual/UnQ) Vac/IMp Plat InforMation 3 /Z.OOO 10.834/1.161 1.890.000 (Q) I 1940 : Book OZ3 Pgs 045- 0 /0 01 0 0 ( ) 0000: Book Pgs - 0 /0 01 0 0 ( ) 0000: Book Pgs - 0 /0 01 0 0 ( ) 2003 Value EXEMP nONS Just/Market: 1.680.000 HOMestead: 0 Ownership % .000 Historic : 0 Use %: .000 Assessed/Cap: 1.680.000 Tax ExeMpt %: .000 Other ExeMpt: 0 Taxable: 1.680.000 Agricultural: 0 2003 Tax InforMation Land InforMation District: CW Seawall: Frontage: Clearwater View: 03 Millage: Z3.0851 Land Size Unit Land Land Land Front x Depth Price Units Meth 02 Taxes: 35.893.91 1) Z50 x 118 50.00 Z9.575.00 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 38. 78Z. 97 6) 0 x 0 .00 .00 Without any exeMptions, Total Land Value: 1.478.750 2003 taxes will be : 38. 78Z. 97 Short Legal BARBOUR-HORROW SUB BlK A. lOTS Z9 THRU 33 Description INCl Building Information http://pao.co.pinellas.fl.us/htbin/cgi-scr3 ?o= 1 &a= 1 &b= 1 &c= 1 &r=.20&s=3&t= 1 &u=O&p... 9/29/2003 Pinellas County Property APIser Information: 0829 1502592001.0 08 / 29 / Page 3 of 5 15 / 02592 / 001 / 0290 :01 29-Sep-2003 JiM SMith, CFA Pinellas County Property Appraiser 08:12:13 COMMercial Card 01 of 1 IMproveMent Type: Retai1 Store Property Address: 400 POINSETTIA AUE Prop Use: 320 Land Use: 11 Structural Elements Foundation Floor SysteM Exterior Wall Height Factor Party Wall Structural FraMe Roof FraMe Roof Cover Cabinet & Mill Floor Finish Interior Finish Partition Factor Spread/Mono Footing S1ab on Grade Cone B10ek/Stueeo o None Masonry pi11ar&Stee1 Bar Joist/Rigid Fraro Bui1t Up/Meta1/Gyps Average Carpet Drywa11 o Heating & Air Heating&Co01ing Pekg Fixtures 5 Bath Tile Electric Shape Factor Quali ty Year Built Effective Age Other Depreciation Function Depreciation EconoMic Depreciation None Average Reetang1e Average 1.989 11 o o o Sub Areas Description Factor Area Description Factor Area 1) Base Area 1. 00 9.960 7) .00 0 2) Canopy .25 1. 130 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) ASPHALT 1. 00 7.500 0 7.500 999 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 VALUE: 7.500 Map With 2003 Sales (Red), 2002 Sales (Green), 2001 Sales (Blue) ~~[t][I]~g] hUp:llpao.co. pinellas.fl. us/htbin/cgi -scr3 ?o= 1 &a= 1 &b= 1 &c= 1 &r=.20&s=3&t= 1 &u=O&p... 9/29/2003 _JlJN-'~-2004 15:05 FROM: TO: 912124818254 P.001/002 PROPERTY APPRAISER diM SMITH, CFA p.o. BOX 1957 CLEARWATER. FLORIDA 33757-1957 OFFICE PHONE: 727 464-3207. HEARING IMPAIRED: 727 464-3370. FAX: 727 464-3448 Web Site-http://pao.co.pinellas.fl.u5 . E-Mall-Jlm_smith@pao.co.pinellas.fl.us June 18, 2004 Mr. Lichy Fax: 212~81-8254 PARCEL NUMBER 08/29/ 15/02592/001/0290 Dear Mr. lichy: The following is the 2004 replacement eost of the building located at 400 Poinsettia Ave., in Clearww:water Beach. This estimated replacement cost depreciated (RCD) does nor include land value. If you have further questions or need additional information please call retail appraiser Pat Young at 727-464~380 or Jim Taylor at 727-464-4039. llh, CF A Property Appraiser JS/ac Attached: One Page Appraiser's Responslblll1y.- ey state I3W, 111$ Ihe responsibility of the Appttliser 10 Ioc{tlo, IClCnnly, and appraise. (al currenl market value). all properly SUbjOCl 10 ad valorom ~8lleS, matnlalll property value roll equity and procass allowable el'emptlons. The Appraiser has no ju~isdicliOn ot r'Osponsiblllty lOr Cll$lrlCt bUdgets, tax rates, speCIal asseslilllenls Or amounl OJ tWlOS paid. Ttlese rn~l1ers are handled by the varioua ll1Xing authorttles performing aerviClils, such as the County Government, City Govemmonts, SChOOlliloard and other taxing districts, ., JUN-:'i:!-2004 15: 05 FROM: TO: 912124818254 P.002/002 z. "Z.O ,.' PROPERTY APPRAISER JIM SMITH, CFA P.O. BOX 1957 CLEARWATER, FLORIDA 33757.1957 OFFICE PHONE!: 727 464-3207. HEARING IMPAIRED: 727 464-3370. FAX: 727 464-3448 Web Sile-hnp:J/pao.co.pil'lellas.fl.us · E-Mail-jlm_smith@pao.oo.pinellas.fl.u5 lot~\ Cj~~ ~J,. ~ ~ -A S<---S ~ -"'" ~ ~ 1- ~ J( "" A'S~~ ~ \ f-'\5 DETAIL VALUE RECORD 08 I 29 / 15 I 02592 I 001 I 0290 CARD: 01 II l. ~~ 18-JI..\n-2004 AX ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ 2004 DATA :20 102 I mprovemerlt type Adjusted points Baise rate Special rate Adj base rate. Effective sq feet Normal physical depreciation Add'l physl~~l depreciation Furlctioru'!.\l obs Economi c: obs ~~_._ Percent good___________ 55.75 . (ll) 56.87 10,243 .14QU o () o . 86ClO ~==M_~;~~~=::===~==~==~=~======~===~;U__ REP COST NEW~________ REF COST DEP XFSB VALUE BRANCHES_. (V) 2003 valu~ record (W)value computatione (Z ) men(.\ 4t:t hi ({2..0 o x2~~ 2()()3 DATA I 20 I 102 I 52.25 I .00 t 53.30 I 10,243 I .0900 I (I I \) I 0 I .9100 I:==~~~~~=============~===== I 545,950 496,820 7, 5(H) (3)2004 va.lue ::=. 1>, Z 1/2..~ Appreiaer'& R_pot'lSibll~ - By Slalo law, il is tho responslblRty of the Appraiser to locate. identify, and aPPl8I~. (at currant mar1<<lt value). ilU proporty SUbject to ad valofom tro<os, maintain property value roll equity and process allowable axemptions. Tho Appraiser has no jurisdiction Of responsibility lor <llstrlet buc:lgeta. tax rates, special aS~Sllmen!ll or amount of taxes paid. These mattefs afO han<llcd by Ine various taxing authofities pertorming servk:es, sl,lch lile the County Government, City GOIIemmenla. School Board and other taxing distJ'icts. .~ F((D '1 (~r- ( //.- --~'" / ~[~~~ ///' 4 ~~~ L~II=--LJ_~ ./ -r;L.::=- --" rf---. i ,! i --: .!~L~--7 .r- r -11 ,L_ ! L !i '__ ~I 'i .~L i ~ L_~_L~:I I I I' I: !~ fl~=-=r- ~ .'"n i ,'-:::.__~Lc- -. I ' I !L ill ~_T !! I 1-.---.--- ---===j li'-~.~ i . lr -. - .. .....1 ~ w.~ ' . - - d ll..j ii-A -- -==-----i [' I ~ =--=--B~_h_U ,,- .-. '0', .--"1 il I I L _1--- ---C __h___.. ! JI - - ...--- I ! l~ "-~ t"""~ -.. ~ r- ....~ h'...... U JUN 1 I I ! jPLl.\f\ I J!t~(: i D. i elT' OFC Lf: I I I -- j ~ ;~/~!J 4 LUUq ')~ .'-- f ;.i!lf':'=~:T fo\ i) ~_J~, l (~; - '-~-") .. ,! --, WINGS LETTERS 3'tall x 12'long WINGS LETTERS 2'6111tall x g'long (~\ ~At~ Of OnAn I=~~A rh~nnAI I AttArc;: J=nr Tn'A1Qr 9' '6" . 12' ~ I I RECEIVED JUN 1 4 ~uU4 12' PLANNING DEPARTMENT ... ~ CITY OF CLEARVVATER Plastic Face S/F Sign With 12" Changeable Letters (3) Sets Of Open Face Channel Letters For Tower Outlined With Red Neon / Single Stroke Of Green Neon :::::~ WINGS ACARNES SIGNS INC. . s GARDEN CITY, SC 651-7880 . . FILE NAME: wingsclear 6/8/04 SALESPERSON: DATE: SCALE: SIGNAGE TYPE