FLD2014-03008COMMUNITY DEVELOPMENT BOARD
learwater
PLANNING AND DEVELOPMENT DEPARTMENT
STAFF REPORT
MEETING DATE: May 20, 2014
AGENDA ITEM: E.1.
CASE: FLD2014 -03008
REQUEST: Flexible Development application for a Termination of Status of Nonconformity of a
16 -room Overnight Accommodation use where the otherwise maximum permitted
density is 11 hotel units; a lot area of 10,440 square feet and a lot width of 60 feet
where the otherwise required lot area and width are 20,000 square feet and 100 feet,
respectively, under the provisions of CDC Section 6 -109.
GENERAL DATA:
Agent...........................
Applicant / Owner............
Location ..........................
Property Size ...................
Future Land Use Plan......
Zoning ..........................
Special Area Plan .............
Adjacent Zoning....
North:
South:
East:
West:
Existing Land Use.....
Proposed Land Use..
Katherine E. Cole; Hill Ward Henderson, P.A.
Clearpark, LLC.
23 Rockaway Street; located along the south side
100 feet west of Mandalay Avenue.
0.2395 acres
Resort Facilities High (RFH)
Tourist (T) District
Beach by Design Destination Resort District
Open Space /Recreation (OS /R) District
Tourist (T) District
Tourist (T) District
Tourist (T) District
Overnight Accommodations (16 units)
of Rockaway Street approximately
deawat Level II Flexible Development Application Review
ANALYSIS:
Site Location and Existing Conditions:
The 0.2395 -acre site is located along the south
side of Rockaway Street approximately 100 feet
west of Mandalay Avenue. The subject property
is comprised of two parcels with a frontage of
approximately 60 feet along Rockaway Street
(north) and Ambler Street (south). The site is
occupied by the Tropic Isle Motel, a 16 -unit
overnight accommodation use built, according
to Pinellas County Property Appraiser records,
between 1948 and 1954. The motel consists of
three buildings. The south parcel contains a
two -story building approximately 3,400 square
feet in area with nine units. This includes a
small one -story office component located along
the west side of the site. The north parcel
contains a two -story building approximately
3,200 square feet in area. This includes a one -
story component at the northwest corner of the
site with contains the office and one unit. It
should be noted that there is some discrepancy
in the records with regard to the number of
hotel units associated with the site. According
to City records, the site is associated with an
active Business Tax Receipt (BTR- 9034011)
for 14 overnight accommodation units issued in
1997. The applicant has provided records which
show that the site has historically included 16
units. City Staff has accepted the applicant
evidence (Property Appraiser records) which
lists a total of 16 units on the site. The building
is approximately 15 feet in height as measured
from Base Flood Elevation (BFE). The subject
property is zoned Tourist (T) District with an
underlying Future Land Use Plan (FLUP)
category of Resort Facilities High (RFH). The
subject property is also located within the
Destination Resort District of Beach by Design.
Vehicular access to the site is provided along
the entire south side along Ambler Street. This
side of the site contains seven parking spaces
which exist partially within and back out into
the Ambler Street right -of -way. These parking
spaces are the only on -site parking provided. A
small attached sign is located on the south
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PLANNING & DEVELOPMENT
DEVELOPMENT REVIEW DIVISION
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facade on the first floor which reads "The Tropic Isle ". The exact size of the sign has not been
provided although it appears to be approximately five square feet in area. The north facade
includes two attached signs. The smaller of the two is attached to the first floor of the building
and reads "Tropic Isle Motel" and consists of individual letters attached to the building. The
second, larger sign is a cabinet -style sign which reads "Tropic Isle Motel" with the usual
"Vacancy/No Vacancy" neon component. This sign, excluding the vacancy status component is
approximately 24 square feet in area. The applicant has stated that these signs will be removed
by or shortly after the May 20, 2014 CDB meeting.
The immediate area is characterized by a variety of uses including governmental, overnight
accommodation, retail, restaurant, and attached dwelling uses with heights ranging from one to
15 stories. The properties adjacent to the east of this property are developed with overnight
accommodation uses and a retail plaza. The properties to the west are developed with overnight
accommodations and attached dwellings. Frenchy's Restaurant is located farther to the west.
The City's Beach Walk project has been constructed transforming South Gulfview Boulevard to
the south of this site into a winding beachside promenade with lush landscaping, artistic touches
and clear views to Clearwater's award - winning beach and the water beyond.
Site History:
The site has not previously been the subject of a Level I Flexible Standard Development or Level
II Flexible Development application.
Code Enforcement Analysis: There are two active Code Compliance cases associated with the
subject property. A stop work order (SW02014- 01026) for the installation of a fence without a
permit was issued on January 30, 2014. An unsafe structure notice (UNS2013- 00001) was issued
on January 11, 2013. According to the inspector handling these two cases the structures will
need to either be demolished or rehabilitated. The applicant has indicated, vis -a -vis their
submitted application, that their intent is to rehabilitate and refurbish the buildings.
Development Proposal:
The application is a request for Termination of Status of Nonconformity of a 16 -unit Overnight
Accommodation use where the otherwise maximum permitted number of hotel rooms is 11 units
and a lot width of 60 feet and lot area of 10,440 where the otherwise required lot area and width
are 20,000 square feet and 100 feet, respectively, under the provisions of CDC Section 6 -109.
The specific details with regard to flexibility from the maximum intensity of use and Flexible
Standard Development parameters (the otherwise minimum level of review within the T District)
are examined in detail further in this report.
It should be noted that the ultimate goal of the applicant, as provided by the submitted
application and supporting documents, is to improve and rehabilitate the buildings. Pursuant to
CDC Sections 3- 1202.A.3 and 3- 1401.13.3 if an existing use is improved or remodeled in a value
of 25 percent or more of the valuation of the principal structure as reflected on the property
appraiser's current records a lot must be brought into full compliance with regard to landscaping
and parking (exclusive of the number of off - street parking spaces which is addressed by zoning
districts in Article 2). The proposed rehabilitation and improvements to the building will likely
exceed the 25 percent limit triggering landscape and parking lot modifications.
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The applicant is essentially seeking the ability to maintain the existing use and density on the site
and the ability to reestablish that use should the building(s) be damaged or destroyed. CDC
Section 6 -103 provides that in the event a structure or structures in which a nonconforming use is
located is destroyed or damaged to 50 percent or more of the assessed value, these structures
may be repaired or restored only if the structure and the use conforms to the standards of this
Development Code for the zoning district in which it is located.
Special Area Plan:
Beach by Design: Destination Resort District
The City has demonstrated through the creation of Beach by Design and subsequent amendments
to this plan that it recognizes the need for pedestrian - friendly development in order to create a
vibrant active resort and waterfront destination serving tourists and locals alike. It is understood
that a broad range of uses including retail sales and service, hotels and motels and restaurants
contribute to the creation of the unique character and atmosphere that is Clearwater Beach. The
vision of the Destination Resort District of Beach by Design recognizes that this district
represents a unique opportunity for quality beachfront redevelopment which would serve as a
catalyst for the revitalization and redevelopment of Clearwater Beach to the north of the Pier 60
Park. The mix of uses primarily includes residential, recreational, overnight accommodations
and institutional uses.
To be clear, the only nonconforming aspects of the site under consideration include density, lot
area and lot width.
Community Development Code
➢ Purpose, Intent and Basic Planning Objectives
The proposal is supported by the general purpose, intent and basic planning objectives of this
Code as follows:
Section 1- 103.B.1. Allowing property owners to enhance the value of their property through
innovative and creative redevelopment.
Approval of the application will provide long -term assurance to the property owner that the
existing use will be able to be rebuilt, in the event of destruction of the building, to its current
density. Staff is not recommending approval of the retention of any other nonconforming
component of the site except for density, lot area and lot width. It is the stated intent of the
applicant to improve and rehabilitate the existing structures and maintain the current density of
16 hotel rooms. Allowing the existing density to be maintained on the site will provide the
economic ability of the applicant to appropriately rehabilitate the structures. Therefore, the
proposal supports this Code section.
Section 1- 103.B.2. Ensuring that development and redevelopment will not have a negative
impact on the value of surrounding properties and wherever practicable promoting development
and redevelopment which will enhance the value of surrounding properties.
Surrounding properties are generally developed with a myriad of uses indicative of a tourist
destination including overnight accommodations, retail sales and services, bars, nightclubs,
governmental uses, restaurants and attached dwellings. The existing site has been developed
similarly to surrounding properties. Approving the application for Termination of Status of
Nonconformity with regard to density, lot area and lot width should not hinder the
redevelopment of adjacent properties nor adversely affect their value. The applicant has stated
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that the intent is to improve and rehabilitate the existing structures and maintain the current
density of 16 hotel rooms. Staff further believes it reasonable to expect that in the event the
structure is damaged and /or destroyed to an extent of 50 percent of more of its assessed value
that redevelopment occur consistent with the provisions of the CDC Beach by Design and its
Design Guidelines. Therefore, the proposal supports this Code section.
Section 1- 103.B.3. Strengthening the city's economy and increasing its tax base as a whole.
Approving the application will provide a long -term assurance to the property owner that the
existing density may be re- established should the existing building be damaged or destroyed and
will provide the incentive for future improvements to the site whether those improvements be
limited to facade and interior updates or the wholesale redevelopment of the site. The intent of
the applicant is to improve and rehabilitate the existing structures and maintain the current
density of 16 hotel rooms. Therefore, the proposal supports this Code section.
Section 1- 103.D. It is the further purpose of this Development Code to make the beautification of
the city a matter of the highest priority and to require that existing and future uses and structures
in the city are attractive and well - maintained to the maximum extent permitted by law.
The applicant has provides that the intent is to rehabilitate and continue to use the building as a
small motel. The applicant has not provided any concrete plans for the rehabilitation of the
building; however it is reasonable to expect any improvements will quickly exceed the
aforementioned 50 percent limitation at which point the entire site must be brought into
compliance with the Code, including density. The applicant is seeking a level of comfort that
should the building be rehabilitated that the current density of 16 units where 11 units are
permitted would not be compromised in the event the building is damaged or destroyed to an
extent of 50 percent or more of the assessed value of the building. Bringing the site into
compliance with the Code vis -a -vis density would negate the incentive to make any
improvements in the first place. The applicant is essentially seeking assurance that when the site
and building are improved that the existing nonconforming density will be able to be maintained
on the site and that the existing nonconformities with regard to lot area and width will not hinder
the much - needed building improvements. Naturally, any wholesale redevelopment of the site
will be required to meet the all applicable standards found within the CDC and Beach by Design.
Regardless, whether the building is rehabilitated and improved as is the stated intent of the
applicant or razed and the site is fully redeveloped the net result will be an attractive
development providing a much - needed service on the Beach. Therefore, the proposal supports
this Code section.
Section 1- 103.E.5. Preserve the natural resources and aesthetic character of the community for
both the resident and tourist population consistent with the city's economic underpinnings.
While there are no natural resources associated with the lot, the proposal will increase the
aesthetics of the immediate area through the removal of a poorly maintained outdated crumbling
building and the future redevelopment of the site with a new project in compliance with Beach
by Design. It will also contribute to the maintenance of hotel units associated with a mid - priced
hotel. Therefore, the proposal supports this Code section.
Section 2 -401.1 Intent of the T District and RFH FL UP classification.
The CDC provides that it is the intent of the T District that development be consistent with the
Countywide Future Land Use Plan as required by state law. The uses and development potential
of a parcel of land within the T District shall be determined by the standards found in this
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Development Code as well as the Countywide Future Land Use Designation of the property,
including any acreage or floor area restrictions set forth in the Rules Concerning the
Administration of the Countywide Future Land Use Plan, as amended from time to time. For
those parcels within the T District that have an area within the boundaries of and governed by a
special area plan approved by the City Council and the Countywide Planning Authority,
maximum development potential shall be as set forth for each classification of use and location
in the approved plan.
Section 2.3.3.4.6 of the Countywide Land Use Rules provides that the purpose of the RFH FLUP
classification is to depict those areas of the County that are now developed, or appropriate to be
developed, with high density residential and resort, tourist facility uses, and to recognize such
areas as well- suited for the combination of residential and temporary lodging use consistent with
their location, surrounding uses, transportation facilities and natural resource characteristics of
such areas.
The site has been developed with a hotel which is a use permitted by the RFH FLUP
classification.
➢ Development Parameters
Densi :
Pursuant to the Countywide Future Land Use Plan Rules and CDC Section 2- 801.1, the
maximum density for properties with a designation of Resort Facilities High is 50 overnight
accommodation units per acre. Based on the 0.2395 -acre site, a maximum of 11 overnight
accommodation units would normally be permissible under current regulations. Therefore, the
site is over -dense by five units. This Termination of Status of Nonconformity application
includes a request to permit the current density of 16 hotel units to remain and be considered as
conforming.
Impervious Surface Ratio (ISR
Pursuant to the Countywide Future Land Use Plan Rules and CDC Section 2- 801.1, the
maximum allowable ISR is 0.95. The existing ISR is 0.75 and the proposed ISR is 0.78, which
are both consistent with the Plan and this Code provision. The site is currently consistent with
these Code provisions.
Minimum Lot Area and Width:
Pursuant to CDC Table 2 -802, the minimum required lot area and width for an Overnight
Accommodation use is 20,000 square feet and between 100 and 150 feet, respectively. The
subject property is 10,280 square feet in area and 60 feet wide. The site is inconsistent with
these Code provisions. These components are part of the request for Termination of Status of
Nonconformity.
Minimum Setbacks:
Pursuant to CDC Table 2 -802, the minimum required setbacks for an Overnight Accommodation
use are 10 to 15 feet (front) and zero to 10 feet (sides). Because the site is a double frontage lot
it has two front setbacks and two side setbacks. In addition, CDC Section 3 -903 provides that
off - street parking lots shall be set back from front property lines a distance of 15 feet, and shall
be set back from all other property lines a distance that is consistent with the required perimeter
landscape buffer width. For properties within the T District, the setback for parking lots shall be
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based a dimension consistent with the existing /proposed building setback, or at a dimension
consistent with setbacks required or otherwise established by Beach by Design, whichever is
less. Section F of the Design Guidelines within Beach by Design provides that all parking areas
are to be separated from public rights -of -way by a landscaped decorative wall, fence or other
opaque landscape treatment of not less than three feet and not more than 3.5 feet in height.
Surface parking areas that are visible from public streets or other public places must be
landscaped such that the parking areas are defined more by their landscaping materials than their
paved areas when viewed from adjacent properties. The required setback to parking is therefore,
three feet.
In addition, the CDC does default to Beach by Design with regard to setbacks within the
Destination Resort District which provides for front and side setbacks of 15 and 10 feet,
respectively.
The site has been developed with a front (north) setback of zero feet (to building), a side (east)
setback of five feet (to building) and zero feet (to parking), a side (west) setback of zero feet (to
building) and zero feet (to parking), a front (south) setback of 17 feet (to building) and zero feet
(to parking). The required setbacks to building and parking are inconsistent with the CDC and
Beach by Design. The proposal is limited to a request for a Termination of Status of
Nonconformity with regard to density and lot area and width and Staff has not considered any
other nonconforming component of the building or site other than that as specifically specified
by the request as stated in this report.
Maximum Building Height:
Pursuant to CDC Table 2 -802, the maximum height for Overnight Accommodations is 50 feet.
The existing building height is approximately 15 feet (from BFE), which is consistent with this
Code provision.
Minimum Off - Street Parkin
Pursuant to CDC Table 2 -802, the minimum off - street parking requirement Overnight
Accommodations is 1.2 spaces per unit. The existing hotel includes 16 units which requires 19
spaces where seven spaces including zero handicap spaces exist (0.44 spaces per unit) and six are
proposed (0.38 spaces per unit). The numbers of existing and proposed off - street parking spaces
are both inconsistent with this Code provision.
Staff is not recommending approval of any nonconforming component of the building or site
other than that as specifically included in the request which is limited to density and lot area and
width. However, it should be noted that Beach by Design does provide that guests at resort units
on Clearwater Beach should be encouraged to use a means of transportation other than the
private automobile. The motel has long depended on a clientele which accesses the site via
public transportation.
Mechanical Equipment:
Pursuant to CDC Section 3- 201.D.1, all outside mechanical equipment must be screened so as
not to be visible from public streets and /or abutting properties. Mechanical equipment such as
A/C compressors are located on the roof and are adequately screened. Therefore, this CDC
section is met.
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deawat Level II Flexible Development Application Review
PLANNING & DEVELOPMENT
DEVELOPMENT REVIEW DIVISION
Sight Visibility Triangles:
Pursuant to CDC Section 3- 904.A, to minimize hazards at the existing driveways on South
Gulfview Boulevard, no structures or landscaping may be installed which will obstruct views at a
level between 30 inches above grade and eight feet above grade within 20 -foot sight visibility
triangles. This site has been reviewed by the City's Traffic Engineering Department and been
found to be acceptable.
Utilities:
Pursuant to CDC Section 3 -912, for development that does not involve a subdivision, all utilities
including individual distribution lines must be installed underground unless such undergrounding
is not practicable. There are no existing overhead utility lines, serving this site. Therefore, the
site is currently consistent with this Code requirement.
Landscaping
Perimeter buffers are not required in the T District except as otherwise required by Beach by
Design. Beach by Design essentially requires a three foot landscape buffer between parking lots
and public rights -of -way. In this case, the only portion of the existing parking lot adjacent to the
right -of -way is also the only means of accessing the site. Therefore, perimeter landscaping is not
required or provided.
Solid Waste:
Solid Waste has reviewed the current site plan and has no comments and found existing
operations to be acceptable.
Signage:
The proposal does not include a formal signage package; however, the applicant will remove all
existing nonconforming signs. As mentioned, the site is inconsistent with the CDC with regard
to the total area and number of attached signs.
➢ General Applicability Criteria Requirements
The proposal supports of the General Applicability requirements of this Code as follows:
Section 3- 914.A.1. The proposed development of the land will be in harmony with the scale, bulk,
coverage, density and character of ad "a� cent properties in which it is located.
The immediate area is characterized by a variety of uses including governmental, overnight
accommodation, retail, restaurant, and attached dwelling uses with heights ranging from one to
15 stories. The site is on the border between the Destination Resort and Old Florida Districts.
The properties adjacent to the east of this property are developed with overnight accommodation
uses and a retail plaza. The properties to the west are developed with overnight accommodations
and attached dwellings. Frenchy's Restaurant is located farther to the west. The existing site has
been developed similarly to surrounding properties with regard to height, intensity of use,
setbacks and the like. As mentioned, Staff recommends approval of the application only with
regard to existing density and lot area and width. As it is the stated intent of the applicant to
improve and rehabilitate the existing structures. In the event the site is completely
redevelopment that redevelopment would be required to meet all applicable standards of the
CDC and Beach by Design with the sole exceptions of the standards specified in this applications
request. Therefore, the proposal supports this Code section.
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Section 3- 914.A.2. The proposed development will not hinder or discourage development and
use of adjacent land and buildings or significantly impair the value thereof
Surrounding properties are generally developed with a myriad of uses indicative of a tourist
destination. The site has been developed similarly to surrounding properties in that it is a use
primarily serving tourists. It has been operating in its current configuration for over 40 years
without apparent detriment to adjacent properties. Approving the application for Termination of
Status of Nonconformity with regard to density and lot area and width should not hinder the
redevelopment of adjacent properties nor adversely affect their value. Therefore, the proposal
supports this Code section.
Section 3- 914.A.3. The proposed development will not adversely affect the health or safety o
persons residing or working in the neighborhood.
Approval of the application will permit the reestablishment of the existing density of 16 hotel
units should the site be redeveloped. The site has been in operation as a hotel for many years
without detriment to surrounding properties. The approval of the application, with regard to
density and lot area and will likely have no effect on the health and /or safety of persons residing
or working in the neighborhood. Therefore, the proposal supports this Code section.
Section 3- 914.A.4. The proposed development is designed to minimize traffic congestion.
Approval of the application will likely have minimal effect, negative or otherwise, on traffic
congestion since the existing density will not change with the upcoming redevelopment of the
site. Therefore, the proposal supports this Code section.
Section 3- 914.A.5. The proposed development is consistent with the community character of the
immediate vicinity.
The immediate area is characterized by a variety of uses including overnight accommodation,
retail, governmental, restaurant and attached dwelling uses with heights ranging from one to 15
stories. The properties adjacent to the east of this property are developed with overnight
accommodation uses and a retail plaza. The properties to the west are developed with overnight
accommodations and attached dwellings. Frenchy's Restaurant is located farther to the west.
The existing site has been developed similarly to surrounding properties with regard to lot
coverage, density and parking. Should the site be redeveloped the applicant has committed to
meeting all requirement of the CDC and Beach by Design. Therefore, the proposal supports this
Code section.
Section 3- 914.A.6. The design of the proposed development minimizes adverse effects, including
visual, acoustic and olfactory and hours of operation impacts on ad "a� cent properties.
Approval of the application should not result in any adverse olfactory, visual and acoustic
impacts on adjacent properties as there will be no change to the historical use of the site.
Therefore, the proposal supports this Code section.
➢ Termination of Status of Nonconformity Criteria Requirements
The proposal meets the specific criteria for Termination of Status of Nonconformity pursuant to
Section 6 -109 of this Code as follows:
1. Perimeter buffers conforming to the requirements of Section 3- 1202(D) shall be installed.
Perimeters buffers, as previously mentioned, are not required by the CDC in the T District
except as otherwise required by Beach by Design. Parking areas are required by Section F of
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the Design Guidelines within Beach by Design to be buffered from public rights -of -way by a
landscape buffer at least three feet in width and 3.5 feet in height. Since the only portion of
the existing parking area abutting a right -of -way is also the only means of vehicular access
no perimeter buffers are required or proposed.
2. Off - street Barking lots shall be improved to meet the landscaping standards established in
Section 3- 1202D.
While the CDC Section 3- 1202.E requires that 10 percent of vehicular use area of a site be
dedicated to landscaped area this is only applicable to parking areas in excess of 4,000 square
feet where the proposed vehicular use area will be approximately 1,067 square feet. No
interior landscaping is proposed or required. Therefore, the proposal is consistent with this
CDC Section.
3. Any nonconforming signs, outdoor lighting or other accessory structure or accessory use
located on the lot shall be terminated, removed or brought into conformity with this
development code.
The applicant has committed to ensuring that all signage is brought into conformance with
the CDC within one year of approval of the request. No other accessory structures or uses
are in violation with the CDC. Therefore, the proposal is consistent with this CDC Section.
4. The comprehensive landscaping and comprehensive sign program may be used to satisfy the
requirement of this section.
As mentioned, the goal of the applicant is to rehabilitate and refurbish the existing buildings.
The applicant is aware that the existing attached signage does not meet the CDC with regard
to total area and the number of signs. The applicant is committed to bringing the existing
signs into conformance with the Code within one year of approval of this application. With
that said, the applicant is not proposing to either Comprehensive Landscape or Sign
Programs at this time. Therefore, the proposal is consistent with this CDC Section.
5. The use and structure complies with the general standards for Level One and Level Two
approvals set forth in Section 3 -914.
As explored in detail previously, each General Applicability criterion has been fully and
satisfactorily addressed. Therefore, the proposal is consistent with this CDC Section.
➢ Burden of Proof
Section 4- 206.D.4: Burden of proof. The burden of proof is upon the applicant to show bX
substantial competent evidence that he is entitled to the approval requested.
The applicant has adequately demonstrated through the submittal of substantial competent
evidence that the request is entitled to the approval requested as required by CDC Section 4-
206.D.4.
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COMPLIANCE WITH STANDARDS AND CRITERIA:
The following table depicts the consistency of the development proposal with the standards as
per CDC Tables 2 -801.1 and 2 -802:
I See analysis in Staff Report
COMPLIANCE WITH GENERAL APPLICABILITY STANDARDS:
The following table depicts the consistency of the development proposal with the General
Standards for Level Two Approvals as per CDC Section 3- 914.A:
Standard
Proposed
Consistent
Inconsistent
Density
50 hotel units /acre (11 units)
67.81 hotel units /acre (16 units)
X
Impervious Surface
0.95
0.78
X
Ratio
XI
or working in the neighborhood.
Minimum Lot Area
20,000
10,435 square feet (0.2395 acres)
XI
Minimum Lot Width
100 — 150 feet
60 feet
XI
Minimum Setbacks
Front: 10 - 15 feet
North: Zero feet (to building)
acoustic and olfactory and hours of operation impacts on adjacent properties.
XI
South: 17 feet (to building)
XI
Zero feet (to parking)
Side: 0 - 10 feet
East: 5 feet (to building)
XI
Zero feet (to parking)
West: Zero feet (to building)
XI
Zero feet (to parking)
XI
Maximum Height
35 — 50 feet
15 feet (from BEE)
XI
Minimum
1.2 spaces unit (19 spaces)
6 spaces including zero handicap
XI
Off - Street Parking
spaces (0.38 spaces per hotel unit)
I See analysis in Staff Report
COMPLIANCE WITH GENERAL APPLICABILITY STANDARDS:
The following table depicts the consistency of the development proposal with the General
Standards for Level Two Approvals as per CDC Section 3- 914.A:
I See analysis in Staff Report
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Consistent
Inconsistent
1. The proposed development of the land will be in harmony with the scale, bulk, coverage,
X
density and character of adjacent properties in which it is located.
2. The proposed development will not hinder or discourage development and use of adjacent
XI
land and buildings or significantly impair the value thereof.
3. The proposed development will not adversely affect the health or safety of persons residing
XI
or working in the neighborhood.
4. The proposed development is designed to minimize traffic congestion.
XI
5. The proposed development is consistent with the community character of the immediate
XI
vicinity.
6. The design of the proposed development minimizes adverse effects, including visual,
XI
acoustic and olfactory and hours of operation impacts on adjacent properties.
I See analysis in Staff Report
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COMPLIANCE WITH FLEXIBILITY CRITERIA:
The following table depicts the consistency of the development proposal
criteria as per CDC Section 6 -109 (Termination of Status of Nonconformity):
PLANNING & DEVELOPMENT
DEVELOPMENT REVIEW DIVISION
with the Flexibility
I See analysis in Staff Report
SUMMARY AND RECOMMENDATION:
The Development Review Committee (DRC) reviewed the application and supporting materials
at its meeting of April 3, 2014, and deemed the development proposal to be legally sufficient
based upon the following findings of fact and conclusions of law:
Findings of Fact. The Planning and Development Department, having reviewed all evidence
submitted by the applicant and requirements of the Community Development Code, finds that
there is substantial competent evidence to support the following findings of fact:
1. The 0.2395 -acre subject property consists of two parcels with a frontage of approximately 60
feet along Rockaway and Ambler Streets and is located along the south side of Rockaway
Street approximately 100 feet west of Mandalay Avenue;
2. That the subject property is located within the Tourist (T) District and the Resort Facilities
High (RFH) Future Land Use Plan category;
3. That the subject property is located in the Beach by Design Destination Resort District;
4. The proposal is the Termination of Status of Nonconformity of a 16 -room Overnight
Accommodation use where the otherwise maximum permitted number of rooms is 11 with a
lot width of 60 feet and lot area of 10,440 where the otherwise required lot area and width are
20,000 square feet and 100 feet, respectively;
5. The existing building height is approximately 15 feet (from BFE);
6. The existing parking lot includes seven parking spaces or 0.44 parking spaces per hotel unit;
7. The proposed parking lot includes six parking spaces or 0.38 spaces per hotel unit;
8. The subject site is developed with a 16 -room overnight accommodation use;
9. The existing development includes a front (north) setback of zero feet (to building), a side
(east) setback of five feet (to building) and zero feet (to parking), and a side (west) setback of
zero feet (to building) and zero feet (to parking); and,
10. There are two active Code Compliance cases for the subject property including SW02014-
01026 and UNS2013- 00001.
Community Development Board — May 20, 2014
FLD2014 -03008 —Page 11
Consistent
Inconsistent
1. Perimeter buffers conforming to the requirements of Section 3- 1202.D. shall be installed.
X
2. Off - street parking lots shall be improved to meet the landscaping standards established in
XI
Section 3- 1202.E.
3. Any nonconforming signs, outdoor lighting or other accessory structure or accessory use
XI
located on the lot shall be terminated, removed or brought into conformity with this
development code.
4. The comprehensive landscaping and comprehensive sign program may be used to satisfy
XI
the requirement of this section.
5. The use and structure complies with the general standards for Level One and Level Two
XI
approvals set forth in Section 3 -914.
I See analysis in Staff Report
SUMMARY AND RECOMMENDATION:
The Development Review Committee (DRC) reviewed the application and supporting materials
at its meeting of April 3, 2014, and deemed the development proposal to be legally sufficient
based upon the following findings of fact and conclusions of law:
Findings of Fact. The Planning and Development Department, having reviewed all evidence
submitted by the applicant and requirements of the Community Development Code, finds that
there is substantial competent evidence to support the following findings of fact:
1. The 0.2395 -acre subject property consists of two parcels with a frontage of approximately 60
feet along Rockaway and Ambler Streets and is located along the south side of Rockaway
Street approximately 100 feet west of Mandalay Avenue;
2. That the subject property is located within the Tourist (T) District and the Resort Facilities
High (RFH) Future Land Use Plan category;
3. That the subject property is located in the Beach by Design Destination Resort District;
4. The proposal is the Termination of Status of Nonconformity of a 16 -room Overnight
Accommodation use where the otherwise maximum permitted number of rooms is 11 with a
lot width of 60 feet and lot area of 10,440 where the otherwise required lot area and width are
20,000 square feet and 100 feet, respectively;
5. The existing building height is approximately 15 feet (from BFE);
6. The existing parking lot includes seven parking spaces or 0.44 parking spaces per hotel unit;
7. The proposed parking lot includes six parking spaces or 0.38 spaces per hotel unit;
8. The subject site is developed with a 16 -room overnight accommodation use;
9. The existing development includes a front (north) setback of zero feet (to building), a side
(east) setback of five feet (to building) and zero feet (to parking), and a side (west) setback of
zero feet (to building) and zero feet (to parking); and,
10. There are two active Code Compliance cases for the subject property including SW02014-
01026 and UNS2013- 00001.
Community Development Board — May 20, 2014
FLD2014 -03008 —Page 11
fl PLANNING &DEVELOPMENT dea wat Level II Flexible Development A pp lication Review DEVELOP IE NT
REVIEW DIVISION
Conclusions of Law. The Planning and Development Department, having made the above
findings of fact, reaches the following conclusions of law:
1. That the property is currently inconsistent with certain Standards as per Tables 2 -801.1 and
2 -802, Community Development Code;
2. That application for a Termination of Status of Nonconformity as requested is consistent with
the Flexibility criteria as per Section 6 -109, Community Development Code;
3. That application for a Termination of Status of Nonconformity as requested is consistent with
the General Standards for Level One and Two Approvals as per Section 3- 914.A.,
Community Development Code;
4. That application for a Termination of Status of Nonconformity as requested is consistent with
the Intent and General Purposes of the Community Development Code, including Sections 2-
801.1, 1- 103.13, D and E.5;
5. That application for a Termination of Status of Nonconformity as requested is consistent with
Section 2.3.3.4.6 of the Countywide Plan Rules with regard to use; and,
6. That the application is consistent with the requirement for the submittal of substantial
competent evidence as per Section 4- 206.D.4., Community Development Code.
Based upon the above, the Planning and Development Department recommends APPROVAL
of the Flexible Development application for a Termination of Status of Nonconformity of a 16-
room Overnight Accommodation use where the otherwise maximum permitted density is 11
hotel units; a lot area of 10,440 square feet and a lot width of 60 feet where the otherwise
required lot area and width are 20,000 square feet and 100 feet, respectively, under the
provisions of Section 6 -109, CDC, subject to the following conditions:
Conditions of Approval:
General /Miscellaneous Conditions
1. That any future reconstruction and /or redevelopment of the site shall be made in
compliance with all applicable components of the CDC and /or Beach by Design exclusive
of density and lot area and width;
2. That those terminated room granted through CDC Section 6- 109.13. shall not be transferred
to another site or converted for another use;
3. That any /all future signage meets the requirements of Code and be designed to match the
exterior materials and color of the primary building;
4. That issuance of a development permit by the City of Clearwater does not in any way
create any right on the part of an applicant to obtain a permit from a state or federal agency
and does not create any liability on the part of the City for issuance of the permit if the
applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or
federal agency or undertakes actions that result in a violation of state or federal law;
5. That all other applicable local, state and /or federal permits be obtained before
commencement of the development;
Timing Conditions
6. That all nonconforming signage be removed or otherwise be brought into conformance
with the CDC within one year of approval of this application request;
7. That prior to the issuance of any building permits, the Fire Department may require the
provision of a Water Study performed by a Fire Protection Engineer in order to ensure that
an adequate water supply is available and to determine if any upgrades are required by the
developer due to the impact of the project. The water supply must be able to support the
Community Development Board — May 20, 2014
FLD2014 -03008 — Page 12
� C�4tt1 1'[ �ler Level II Flexihte l]evelopment Applica#ion Reuiea� PLANNR4G & DEVELOPMENT
DEVELOPMENT REVIEW DIVISION
� ,� i�*
needs of any required fire sprinkler, standpipe and/or fire pump. If a fire pump is required,
then the water supply must be able to supply 150 percent of its rated capacity; and,
8. That prior to the issuance of any permit, all requirements of the General Engineering,
Stormwater Engineering, Traffic Engineering and Fire Departments be addressed.
��� �
Prepared by Planning and Development Department Staff: �
�' Mark T. Pany, �ICP, Planner III
ATTACHMENTS: Photographs
Community Development Board — May 20, 2014
FLD2014-03008 — Page 13
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FLD2014-03008
MARK T. PARRY
1655 Linwood Drive Tel: (727) 742.2461
Clearwater, FL 33755 E-mail: mparry@tampabay.rr.com
SUMMARY OF QUALIFICATIONS
A dedicated, AICP certified professionat Planner focused on contributing to the field of Urban Planning
experienced in public and private sector planning. An excellent communicator, able to effectively interact
with clients, local government officials and business professionals at all levels. Experienced in various
aspects of urban design and planning, zoning regulations and permitting.
OBJECTIVE
To secure a Planning position which will allow me to continue improving the built environment and my
community through sound and innovative planning and design principals.
EDUCATION
COOK COLLEGE, RUTGERS UNIVERSITY, New Brunswick, NJ
B.S. Landscape Architecture Major, Urban Planning Certification
B.S. Environmental Planning and Design
Certificate Urban Planning
Golden Key National Honor Society; Sigma Lambda Alpha
American Planning Association (Florida Chapter); member
AICP #020597
40-hour OSHA (Hazwoper) Training
PLANNER III PLANNING DEPARTMENT, CITY OF CLEARWATER 04/12 - Present
08/98 — 04/05
• Responsible for nonresidential and single/multi-family site plan review and permitting.
• Assist in the implementation and subsequent review of the Community Development Code.
• Responsible for assessing and writing Community Development Code amendments.
• Land Development Code development, interpretation and application.
• Provide, inspect and direct landscape review/design.
• Acting Development Review Manager 9/99 —11/99 and 01/05 — 03/05.
• Manage and direct Associate Planners.
• Review, process and present variance/conditional use, land use/zoning atlas amendment and annexation
applications at in-house and public review meetings.
• Principal Planner in creating and implementing Clearwater's Downtown Design Guidelines.
Assisted in the implementation and application of the Clearwater powntown Redevelopment Plan.
SENIOR PLANNER DEVELOPMENT 8� ENVIRONMENTAL SERVICES, CARDNO TBE 04/05 — 04/12
• Planner of record for Cities of Indian Rocks Beach, Seminole and Clearwater and Town of Belleair.
• Responsible for nonresidential and single/multi-family site plan review and permitting.
• Perform site design and inspections.
• Provide technical planning support for engineering department.
• Provide support for Zoning Code, Comprehensive Plan, Zoning and Land Use Plan amendments.
• Research and write Evaluation and Appraisal Reports.
. Create and update Special Area Plans/Form-based Codes.
• Provide CADD support.
• Assist with creating redevelopment marketing material.
• Perform technical environmental services including soil and groundwater sampling.
Designer/Owner GREENSCAPES-GLD, MARLBORO, NJ 9/92 - 6/98
• Founded and established a local garden and landscape business.
• Plan and oversee installation of commercial and residential landscaping projects utilizing a variety of CADD
and photo-manipulation programs.
• Develop and implement advertising programs, brochures and graphics.
• Estimate, bid and negotiate jobs.
• Source and negotiate purchase of materials and equipment.
• Manage, train and schedule installation crews.
Program Supervisor LONGSTREET FARM, MONMOUTH COUNTY PARK SYSTEM,
HOLMDEL, NJ
• Assisted in formulating and running children's summer program ("Hayseed").
• Created and coordinated daily programs and schedules for 6-9 year old groups.
• Superoised several other programs throughout the year.
• Created a demand which was finrice the program's capacity after the first year.
COMPUTER SKILLS
6/87 - 8/93
Access, Microsoft Office, Microsoft Works, ClarisWorks, MS Word, Land Designer Pro, Permit Plan,
Excel, Cornerstone, AutoCADD, PowerPoint, Publisher
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° � ear�vater
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Planning & Development Depattment
Flexible Development Application
Attached Dwellings, Mixed-Uses or Non-Residential Uses
IT IS INKt)MBENT UPON THE APPUCANT TO SUBMIT WMPLETE AND CORRECT INFORMATION. ANIf MISLEADING, DECEPTIVE,
INCOMPLFi'E OR INCORRECT INFORMA7'ION IIAAY INVAUD/1TE YOUR APPUCATION.
ALL APPUCATIONS ARE TO BE FILLED OUT COMPLETELY AND GORRECTLY, AND SUBMITIED tN PERSON (NO FAX OR DELIVERIES)
TO THE PLANNING & DEVELOPMENT DEPARTMENT BY NOON ON THE SCHEDULED DEADUNE DATE.
A TOTAL OF 11 COMPLETE SETS � PLANS AND APPLICATION MATERIALS (1 ORKsINAL AND 10 COPIES) AS REQl11RED 1N�TFIN11
ARE TO BE SUBMITTED FOR REVIEW BY THE DEVELOPMENT REVIEW COMMRTEE. SUBSEQUENT SUBMITTAL FOR THE
COMMUNITY DEVELOPMENT BOARD WILL REQUII� 15 COINPLEfE SETS OF PLANS AND APPUCATION MATERIALS (1 ORIGINAL
AND 14 COPIES). PLANS AND APPLICAT10N5 ARE REQUIRED TO BE COLLATED, STAP�ED AND FOLDED INTO SETS.
THE APPUCANT, BY FlLING THIS APPLKA110N, A�REES TO OOMPLY WITH ALL APPUCABLE REQUIREMFNTS OF THE
COMMUNITY DEVELOPMENT CODE.
FIRE DEPT PREUMARY SITE PLAN REVIEW FEE: $Z00
APPUCATION FEE: $1,205
PROPERTY OWNER (PER DEED�: Ciearpark, LLC
MAILING ADDRESS: 1001 East AtlantiC AVenlle, #202, Deiray BeaCh, FL 33483
PHONE NUMBER:
EMAIL:
AGEN7 OR REPRESENTATIVE: Kaiherine E. Cde, Esq./Hill Ward Henderson
MEUUNG ADDRESS: 311 Par1c Plaoe Blvd., Sui�e 240, Clearwater, FL 33759�904
PHONE NUMBER: 727-259-6791
EMAfL: katie.COle�Ftivrhlaw.COm
ADDRE55 OF SUBIECT PROPERTY: 23 Rockaway Str�eet, Cleerv�ra�r, FL 33767
PARCEL NUMBER(S): 05-29-15-57924-0OQOOr.�O and 05-1�15-57924-000-0080
1 • �,,� • � • _.rr� u �.� �• ' -i �� n,�_• - r��:��.c � i .
�.h�;. 4• .,�.- �] �1.' 1 �. . : �r�.l� • 1.�� • .h 1 � .4L�,.
PROPOSED USE(S): Existing motel
DESCRIPTION OF REQUEST: Termination � non-confoRning status as to the existing density togefher with approrral
spea�cn��y iaenayy tne reyuesr of a Compr�efiensive La�pin9 Application and reduction of required paricing tio
(indude o1i re�uesred cnde jle�dbility; reflect the e�sGlr� stafiis of the Proaeriv.
e.g., reducOOn in required number of
parking spoc�, heigh� setboda, bt
size, fot width, specif►c use, etc.):
Planning 8 Development Depa�bnerrt,100 3. Yyrtle Avwaie, Ge�rrraEe�. FL 33756, Tel: 72T-662�567; Fax: 727-662-4866
� � or e ��a o�ns
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° � �arwater
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Planning & Development Department
Flexible Development Application
Data Sheet
PLEASE ENSURE THAT 11# FOLLOWING INFORMATION IS FlLLED OUT, IN ITS ENTIRETY. FAIWRE TO QOMPI�I'E THIS fORM
1NILL RESULT IN YOUR APPLICATION BEING FOUND INCOMPLETE AND P0651BLY DEFERRED UNTIL THE FOUDMMNG
APPUCA7'ION CYCLE.
•, �
FUTURE IAND USE PIAN DESIGNAl10N:
D(ISTING USE (currently existing a� site):
T �rict
RFH
Mobel (16 units)
PROPOSED USE (new �ue, if arry; pdus existing, if to remain): MOUeI (16 units)
SITE AREA: 10,435 sq. ft. 0.240
GROSS FLOOR AREA (total square footage of all buildin�s):
Existing:
Proposed:
Maximum Alfowable:
,�,gg4 sq. R.
5,894 sq, ft.
sq. ft.
acres
GROSS FLOf)R AREA (total square footage de+roted to eaKh use, if there wdl be muttiple uses):
First use: �gq4 sq. ft
Second use:
Third use:
sq. ft.
sq. ft.
FLOOR AREA RATIO (total square footage � aN Miildin�s d�vided by the total square foot�e of errtire site):
Existi�g: N p_
Proposed:
Maximum Albwable:
BUH.DING COVERA�GE/FOOTP'RINT (i�` floor square faocage of aU build�s):
Existir�: 3_ 1 c� sq. ft. ( 30.2 96 of site)
Proposed: 3,154 sq. ft. ( 30.2 96 of site)
Maximum Permitted: sq. ft. ( % of site)
6REEN SPACE YYtTHIN VEHINWt USE AREA (green space within the parlcing bt and i�terio� of site; not perimeter buffer):
Existing: D sq. ft. ( % of site)
Proposed: 0 sq. ft. ( 96 of sitej
VEHKx1LAR USE AREA (parlcing spaces, driv�e aisles, loading area):
ExistinB� 870 st1. ft. ( 8.3
Proposed: 1,067 sq. ft. ( 10
% of sfte)
% of site)
�ng a oeveio�meM oepa�neM, �oo s. �rue Averwe, �ear�. Fl.. �ss, re�: rrr.ssz�: Fax rrr-ssx.•�aes
� 2 of s rae,�isoa o�nz
IMPERVIOUS SURFACE RA710 (totai square footage of impervious areas divided by the total square footage af er�ire sibe):
Existing: n 7d
Proposed: 0.74
Ma�omum Permitted: 0.95
DENSITY (units, rowns or beds per aae):
Existing: �g �
Proposed: 16 r�ooms
Maximum Permitted: � � �pp��
OFF-STREET PARqNG:
Existing: _
Proposed: 6
Minimum Required: �g
BUILDING HEIGHT:
Existing: 1 q T
Proposed: 19.T
Maximum Permitted: 35�_�
WHAT IS THE ESTIMATED TOTAL VALiIE OF THE PROJECT UPON COMPLPTION? $
ZONING DISTRKTS FOR /LLL ADIACENT PROPERTY:
North: OS/K
Sauth: Tourist
East: Tourist
West: Tourist
STATE OF FLORIDA, COUNTY OF PINELLAS l
i, the undersigned, admowledge that all Snrorn to and subscribed before me this '��' � � day of
representations made in this application are true and �+�r �'
accurate to the best of my knowietlge and authorize / '.�• to me and/or by
City representati�res to visit and photograph the �. �• l,� l' YY1�S"�YL'�r�� �, wFw is personally known has
property ribed in tfiis a .
prod ed as identfication.
f
�,� � . `��� �-i-��:ti� �1
Signature of property awner or representativ�e Notary pubt" ,
My commission expires:
ROBYN A MOEHRING
Bonded Thru NoWry pudic UndervrriEera
�9 ���P�.100 S. Myrtle Avenue, Clearnraler. FL 33756, Tel: 727-662-�4567: Fa�c 727-662-�865
Page 3 of 8 Revised 01H2
o Planning & Development Department
�� earwater Flexible Develo ment A lication
P PP
� Site Plan Submittal Package Check list
M! ADDITION TO THE COMPLETED FLEXIBI.E DEVELOPMENT (R.D) APPLICATION, ALL FLD APPLICATIONS SHALL IfdCLUDE A SCIE
PLAN SUBMfTTAL PACKAGE THAT INCLUDES THE FOLLOWIN6INFORMATION AND/OR PLANS:
❑ Responses to the flexibility criteria for the specific use(s) being requested as set forth in the Zoning District(s) in which the
wbjed property is located. The attached Flexible Devebpment Application Flexibility Criteria sheet shail be used to pravide
these responses.
❑ Responses to the General Applipbility criteria set forth in Section 3-914A The attached Flexible Devebpment Applicatiai
General Applicability Criteria sheet shall be used to provide these responses.
O A s�ned and sealed sunrey of the property prepared by a registered land wrveyor including the location of the property,
dimensions, acreage, location of all current structures/improvoements, brat�n of all public and private easements including
of(`icial re�rds book and page numbers and street right�s}of-way within and adjacent to the site.
❑ If the ap�icatia� would resuR in the removal or relocation of mobile home ow�ers residing in a mobile home park as
provided in F.S. § 723.083, the application must provide that information nequired by Section 4-202.A.5.
0 If this application is being submitted for the purpose of a boatlift, catwalk, davit, dock, mari�a, pier, seawall or other similar
marine strvdure, then the application must provide detailed plans and specifications prepared by a Fforida professional
engineer, bearing the seal and signature of the engineer, except signed and sealed plans shall not be required for the repair
or replacement of decking, stringers, railing, lower landings, tie piles, or the patching or reinforcing of existing piling on
private and commercial docks.
❑ A site plan prepared by a professional architect, engineer or IandsRape architect drawn to a minimum scale of one inch equals
50 feet on a sheet size nat to exceed 24 irtches by 36 inches that induc�s die folbwing informat�n:
0 Index sheet of the same size shall be included with individual sheet numbe►s referenced thereon.
O North arrow, uale, bcation map and date prepared.
0 Identification of the boundaries of phases, if devebpmeM is proposed to be constructed in phases.
❑ Location of the Coastal Constructian Control Line (CCQ), mrhether tfie property is bcated within a Special Fbod Hazard
Area, and the Base Flood Elevation (BFE) of the property, as applicable.
0 Locatio�, footprint and size of all epsting and proposed builc�ngs and structures on the site.
0 Lncati� and dimens�ns of vehicular and pedestrian arculation systems, both �-site and off-site, with proposed poir�
of access.
❑ locatiw� of all e�dsting and proposed sidewalks, curbs, water lines, sanitary sewer lines, storm drains, fire hydrants and
seawalls a�d any proposed utility easerr�nts.
❑ location of onsite and offsite stormwater managemerrt facilities as well as a narrative describing the proposed
stormwater control plan induding cakulations. Add'rtional data necessary ta demonstrate compliar�e with the Gty �
Clearwater Storm Drainage Design Criteria manual may be required at ti� of building const�udion pem�it.
❑ Locatan of solid waste collection facilities, required screening and pravisions for aaessibil'ity for collection.
O Locati� of off-street bading area, if required by Sectan 3-1406.
O AN adjacent right(s)-of-way, with indication of centerline and width, paved width, existing median cuts and intersections
and bus shetters.
❑ Dimensions of existing and proposed lot anes, streett, drives, building Hnes, setbacks, sirudural ovPrhangs and buildi�g
separations.
❑ Building or structure elevation drawings that depict the proposed building height and building materials.
PlaMdtg s oeve�oprnant oepartrne�,loo s. My�ue Ave�we, c�ear.wler, FL 3375s, rel: rn-s62�667: Fax: rn-ss2-�86�;
Page 4 of 8 Reviaed 01N2
❑ Typical floor plans, including floor plans for each floa of any parking garage.
❑ Demolition pian.
❑ Identification and descriptwn of wateroourses, wetiands, tree masses, specirr�n trees, and other e�nvironmentally
sensitive areas.
0 ff a deviatan from the parlcing standards is requested that is greater than 5096 (exduding those standards where the
difference between the top and bottom of the range is one pa�lcing space), then a parking demand study will need to be
provided. The findings of the study will be used in determining whether � not deviations to the paricing standards are
approved. Please see the adopted Parking Demand Study Guidelines for further information.
❑ A tree survey showing the location, DBH and species of all existing trees with a DBH of four inches or more, and i�ntifying
those trees proposed to be removed, if arry.
0 A tree irneMory, prepared by a certified a►borist, of all trees four inches DBH or more that reflects the size, canopy, and
cond'rtion of such trees may be required if deemed applicable by staff. Check with staff.
❑ A Traffic Impact Study shall be required for all proposed devoelopments if the total generated net new trips meet one or more
of the fdlowing conditions:
■ Proposal is expected to generate 100 a more new trips in any given hour (directional trips, inbound or outbound on the
abutting streets) and/or 1,000 or more new trips per day; a
■ Anticipated new trip generation degrades the level of service as adopted in the Ciq/s Comprehensive Plan to
unacceptable levels; or
■ The study area contains a segment of roadway and/or intersection with five reportable aaidents vriihin a prior twehre
month period, or the segment and/or intersection exists on the City's annual list of nwst hazardous bcations, provided
by the City of qearwater Police Department; or
■ The Traffic Operations Manager or their designee deems it necessary to require such assessment in the plan review
process. Examples include developments that are expected to negatively impad a constrained roadway or devebpments
with unknown trip generation and/or other unknown factors.
O A landscape plan shall be provided for any project where there is a new use or a change of use; or an existing use is impraMed
or rerrwdeled in a value of 25% or rra�e of the valuation of the principal structure as reFlected on the property appraiser's
current records, or if an art�ndment is required to an e�dsting approved site plan; or a parking lot requires additional
landscaping purwant to the provisions of Artide 3, Division 14. The landscape plan shall indude the folbwing inforrrwtion, if
not otherwise required in conjunction witfi the application for devebprnent approval:
0 t.ocation, size, description, specfications and quantities of all existing and proposed landscape materiah, including
botanical and comrtwn names.
0 Existing trees on-site and immediately adjaoent to the site, by species, size and bcation, induding drip line.
O Interior landscape areas hatched and/or shaded and labeled and interior landscape covera�e, expressed both in square
feet, exdusive of perimeter landscaped strips, and az a peroentage of the paved area coverage of tfie parking lat and
vehicular use areas.
❑ location of existing and proposed structures and imprarements, induding but not limited to sidewalks, waNs, fences,
pods, patios, dumpster pads, pad mounted transFormers, fire hydrants, overhead obstructions, curbs, water lines,
sanitary sewer lir�s, storm drains, seawalk, utility easements, trea#ment of all grcwnd surfaces, and any � features
that may influence the proposed landscape.
❑ t.ocation of parking areas and other v�ehicular use areas, including parking spaces, circulation aisles, interior landscape
islands and curbing.
0 Drainage and retention areas, including swales, side slope.s and bottom elevations.
0 Deli�eation a�d dimensions of aN requ'Ked perimeter landscaped buffers induding sight trian�es, if any.
Pt�in9 8 Developmer�t Deparbne�rt.100 3. Yyrde Averwe, dearwa6er, FL 33796, Tel: 727�G2��567; Fa�c 727-662�886
P�ge 5 of 8 Revised O1H2
• . + ��' .
Planning & Development Department
Flexible Development Application
� - � General Applicability Criteria
PROVIDE COMPLETE RESPONSES TO EACH OF THE SIX (6) GENERAL APPUG1BIUlY CRITERIA EXPLAINING HOW, IN DETAII, THE
CRITERION tS BEING COMPLIED WITH PER THIS DEVEL(JPMENT PROPOSAL
1. The proposed dev�elopment of the land will be in harmony with the scale, bulk, coverage, density and character of adjacent
properties in which it is located.
see attad�ed Exhibit A
2. The proposed development will not hinder or discour�e the appropriate development and use of adjacent land and bu�dings
or significantly impair the value thereof.
see attached Fachibit A
3. The proposed development will not adversety affed the heaith or safety or persons residing or working in the neighborhood
of the proposed use.
see attached Exhibit A
4. The proposed development is designed to mini►nize traffic congestion.
see atfiad�ed Exhibit A
S. The proposed development is cansistent witfi the community character of the immediate vicinity d tl�e parcei proposecl for
development.
see athad�ed Exhibit A
6. The design of the proposed development minimizes adverse effects, induding visual, acoustic and olfactory and hours of
operation impads, on adjacent properties.
see attad�ed Exhibit A
Planning a �eve�opmeM oapa�rMent.loo s. My�fle A,►emre. c�e�rwa�er, FL 337ss, Tel: rn-ss2-�67; Fa�c rn-66�2-ABSs
Page 6 of 8 Revised 01H2
° C earwater Flexible Devel & ment A� 1 �on
P PP
� Flexibility Criteria
pROVIDE COMPL�TE RESPONSES TO THE APPLICABLE FLEXIBIUTY CRITERIA FOR THE SPECIRC USE(S) BBNG REQUESTEO AS SET
FOR7N IN THE ZONING DISTRICT(S) IN WHi(}I THE SUBJECT PROPER7Y IS LOCATED. IXPLAIN HOW, IN DETAIL, EACH CRC�ERIOhI
IS BEING COMPUED WITH PER THLS DEYELOPMEM' PROPt)SAL (USE SEPARATE SHEETS AS NECESSARIf).
i. see attached Exhibit A
�9 ���P�.100 S. Yyrlle Avenue. Clearvva�ar, FL 33756, Tel: 727-662-�667: Fax: 727-662-/865
Page 7 of 8 Reri�ed OU12
.
0
�::�� �.ar�at�r
Planning & Develogment Department
F1e�rible Development Application
" Affidavit to Authorize Agent/Representative
1. Provide names of all property owners on deed — PRINT fuli names:
Ciearpark LLC
2. That (i am/we are) the owner(s) and record title holder(sj of the fof lowing described property:
23 Rockaway Street, Clearvvater, Florida 33767
3. That this properry constitutes the property for which a request for (describe request):
Termination of non-conforming status as to the existing density together with approvai of a Comprehensive Landscaping
Applicafion and reduction of required parking to reflect the exisfing status of the Properiy.
4. That the undersigned (has/have) appointed and (does/do) appoint:
Hill Ward Henderson, P.A. (E.D. Arrnstrong III, Esq. and Katherine E. Cole, Esq.)
as (his/their) agent(s} to execute any petitions or other documents necessary to affect such petition;
S. That this affidavit has been executed to induce the City of Clearwater, florida to consider and act on the abave described
property;
6. That site visits to the property are necessary by City representatives in order to process this appiication and the owner
authorizes City representatives to visit and photograph the property described in this application;
7. That (IJwe), the undersigned authority, hereby certify chat the foregoing is true and correct.
Clearpar L C, a Florida limited {ia ity company
ro er
BY=
Pri Na e: f
STATE OF FLURIDA, CO[INTY OF PINEiLAS
Properry Owner
Property Owner
BEFORE ME THE UNDERSIGNED, AN OFFICER QULY COMMISSIONED BY THE LAWS OF THE SiATE OF FLORIDA, ON
7HIS _ t s� DAY OF �G�O f� a � y ,� �I �" , PERSONALLY APPEARED
���k'� �a�S� WHO HAVING BEEN FIRST DULY SWORN
DEPOSED AND SAYS THAT HE/SHE FULLY UNDERSTA DS THE CON ENTS OF E AFFiDAV17 THAT HE/SHE SIGNED.
r
/
'�a+µ,"'r""�•yy, DEBOCiAH HOWARD
;, Nohry Pubiic - State of florida Notary Public Si nafure
�• •i biy Comm• Expircs Jp131. 2017 '�l3 ��� l7
Commiasion � Ff �0398 �
� _ pBonded TbroupA Nlfion�l Not�ry Assn. �y Commission Expires:
Planning & Development Department, 100 S. Myrtle Avenue, Clearwafer, FL 33756, Tel: 727-562-4567; Fax: 727-362-4865
Page 8 of 8 Revised 01112
EXHIBIT A
TERMINATION OF NONCONFORMING STATUS
23 ROCKA.WAY STREET, CLEARWATER, FLORIDA
Description of Request
The Applicant respectfully requests the termination of nonconforming status as to the existing
density of 16 overnight accommodation units, which exist on the two parcels described in this
application. The hotel located here has operated in this location for 50 or more years. The site
currently has two main motel buildings, the first of which has six motel units, the second of
which has ten motel units. There are currently seven parking spaces located partially on the
subject property and partially in the City right of way adjacent to the property. The Applicant
desires to reta.in the number of units at the site to proceed with renovation of the existing hotel
for its continued use.
The existing site is developed as to the below standards:
i. Lot size of 10,440 sq. ft. (.239 acres) where a minimum of 10,000-20,000 is
required;
ii. Lot width of 60 ft. where a minimum of 100 ft. —150 ft. is required;
iii. Height of approximately 19.7 ft. where a maximum height of 35-100 ft. is
permitted;
iv. Front (north) setback of 0 ft. to building and 0 feet to pavement where 0-15 ft. is
required;
v. Front (south) setback of 17.3 ft to building and 0 feet to pavement, where 0-15 ft.
is required;
vi. Side (east) setback of 5 ft. to building, 0 feet to pavement where 0-10 ft. is
required;
vii. Side (west) setback of 0 feet to building and 0 feet to pavement where 0-10 ft. is
required;
viii. Parking of 6 spaces where 19 spaces are required with a size of not less than eight
feet in width and 16.5 feet in length and drive aisles not less than 20 feet in width;
and
ix. Density of 16 overnight accommodation units (62.76 units/acre) where 11 units
(50 units/acre) are permitted.
TERMINATION OF NONCONFORMING STATUS CRITERIA (Section 6-109(b))
If the existing structure is to remain or be expanded, such required site plan shall
demonstrate compliance with the provisions set forth in Section 6-109 (see below). All
required improvements shall be completed within one year of the issuance of the Level 2
Development Order Approval or the termination will be null and void.
1. Perimeter buffers conforming to the requirements of Section 3-1202(D) sha11 be installed.
The property is located in the tourist district and, therefore, perimeter buffers conforming
to the requirements of 3-1202(d) are not required.
2. Off-street parking lots sha11 be improved to meet the landscaping standards established in
Section 3-1202(E). Enclosed with this Application is a site plan which shows the
proposed off-street parking. Currently, the site has seven parking spaces which are
located partially on the public right of way and partially on the Property. The proposed
site plan moves these spaces internal to the site and out of the public right of way. The
landscaping standards required in the Code cannot be met based upon the size of the site
and the limited space within which to provide landscaping. The applicant's request is to
terminate nonconforming status as to density and make necessary changes to improve the
site, within the confines of the existing structures. Only Vehicular use areas in excess of
4,000 sq. ft. require interior landscaping.
The site currently has seven parking spaces which are accessed directly from Ambler
Street at the south end of the site. Currently, a portion of these parking spaces are located
within the right-of-way and are nonconfortning as to space width. The proposed site plan
creates six parking spaces which meet the 9' width and to the degree physically possible
meet the 18' space length. There currently is no paxking lot landscaping and none is
proposed since the purpose of this application is to terminate the nonconforming density.
If the termination of nonconformity application is approved, the Applicant will be able to
renovate the existing structures and continue operation of the hotel, as it has been
operating for several years, even with the reduced parking. The property is located
adjacent to a large public parking lot that is available to its guests for parking. Most of
the guests are families or groups that utilize more than one room at the property and
therefore do not need the otherwise required parking. The motel has operated for over
fifty years with only seven spaces and the applicant does not envision issues in the future
with such operation. If necessary, the applicant will contract with nearby properties to
provide for additional parking. The on-site manager does not need a parking spot and can
utilize a city resident parking pass. In the meantime, parking currently exists on the
Ambler Street right of way and therefore, the proposed site plan at least moves some
parking on to the Properiy making the situation better than it is today.
3. Any nonconforming signs, outdoor lighting or other accessory structure or accessory use
located on the lot shall be terminated, removed or brought into conformity with this
development code. The Applicant agrees that any nonconforming signs, outdoor lighting
and accessory structures will be updated and in conformity with the Code. Subsequent to
the grant of nonconforming status, the applicant will seek approval of its sign permits.
This request is only as to terminate nonconforming sta.tus only as to the existing density
on site.
4. The comprehensive landscaping and comprehensive sign program may be used to satisfy
the requirement of this section.
5. The use and structure complies with the general standards for approvals. The use of
overnight accommodations and the existing structure generally complies with the
standards of Level 2 Approval set forth in Section 3-914. See below for specific
responses to these criteria.
GENERAL APPLICABILITY CRITERIA RESPONSES
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.
There is not a proposed changed in development of the land and as such, the existing
development is in harmony with the scale bulk coverage and density in character of the adjacent
properties in which it is located. There is no additional development proposed. The existing
hotel has been in existence for over 50 years, and is in harmony with the scale bulk coverage and
density in character of adjacent properties. The properties along Rockaway Street have minimal
parking and are accessed either by Rockaway Street, which is adjacent to the public parking area,
or by the sma11 alley right of way located to the south of the subject property. Behind the
property to the west is another small hotel with a pizza restaurant and further west is parking for
Rockaway Grill; to the east of the property (along Mandalay Avenue) is a small strip retail center
with a bar/restaurant; to the south of the Property is a right of way which generally operates as an
a11ey with access to the Sandpearl Resort back of house operations. Generally in the tourist
district along the beach, these small, existing hotels have minimal parking and do not conform
with current Code. Retaining the 16 units on the site will remain consistent with the character of
the area.
2. The proposed development will not hinder or discourage the appropriate development
and use of adjacent land and buildings or significantly impair the value thereof.
Terminating the nonconforming sta.tus as to the density will not hinder or discourage any
potential use and, in fact, will provide the owner options with respect to the future use of this
property. Furthermore, as the site has been in existence for several years as is, and the other sites
adjacent to the subject property have not been renovated or redeveloped in recent years, there is
no indication that retaining the site as it is will impair the value of the area.
3. The proposed development will not adversely affect the health or safety or persons
residing or working in the neighborhood of the proposed use.
Terminating the nonconforming status of this property will not affect the health or safety of
persons residing or working in the neighborhood. Rather, this site is under-utilized and the
buildings are in a state which requires significant repairs to upgrade. Terminating the
nonconforming status gives the owner the flexibility to determine the amount of upgrades to the
existing buildings versus seeking site plan approval for future uses on this site.
4. The proposed development is designed to minimize traffc congestion.
There is no new development proposed on this site, so there should be no impact to traffic on
Rockaway Street or on the small right of way adjacent to the property. The property has
operated in concert with the traffic patterns in this area since its development.
5. The proposed development is consistent with the community character of the
immediate vicinity of the parcel proposed for development.
The community character of the area is one of overnight accommodations and services for the
tourist community. To the south is the Sandpearl; immediately to the southwest is the Sandpearl
loading docking area; to the north is a public parking area; to the west is Rockaway Grill and
another snnall motel; and to the east is a retail center with three uses, including a bar and grill.
Keeping overnight accommodations on this site is consistent with Beach by Design and the uses
in the area. The proposed termination of nonconforming status will terminate the nonconformity
as to density only. There are no proposed changes to the existing building included in this
application. Upon confirmation of the termination of nonconforming status, the Applicant can
move forward with building permit plans for the improvement of the Property.
6. The design of the proposed development minimizes adverse effects, including visual,
acoustic and olfactory and hours of operation impacts, on adjacent properties.
Tenminating the nonconforming status of this property will not have any impact on the visual,
acoustic or olfactory effects of adjacent property. There is no additional impact than what
current exists and, in fact, terminating the nonconforming status allows the owner the flexibility
to proceed with renovating or redevelopment this site.
Specifically, the Applicant requests the termination of nonconforming sta.tus of the existing
overnight accommodation units (16), where 11 overnight accommodation units would otherwise
be permitted. This request is specific to a termination of the density only and does not include a
request to terminate the nonconforming status as to lot size, lot width, parking or setbacks.
5350090v1
City of Clearwater
Response to Comments — Clearpark, LLC
FLD2014-03008 — 23 Rockaway Street
Engineering Review
1. The Engineering Department has no comments for the request for the termination of
nonconformity. Comments may occur if upon submittal of a building permit.
Response: Acknowledged.
Environmental Review, General Note(s):
1. DRC review is a prerequisite for Building Permit Review; additional comments may be
forthcoming upon submittal of a Building Permit Application.
Response: Acknowledged.
Fire Review
1. *Note: This is a D.R.C. approval only. Other issues may develop and will be addressed at
building permit stage.
Response: Acknowledged.
Planning Review, General Site Plan and Application Comments
1. We need to clarify the current density. City records indicate a BTR for 14 hotel units where
the application provides that there are 16 units on page two and 15 units on page three. On
page three of the application is stated that the permitted number of hotel units is 12 but based
on the square footage of the site, 10,435 square feet, the maximum density is 11 units. I need
to stick with what the BTR is for. Exhibit A in one area provides that there are 15 units where
11 units are permitted and in another that there are 14 units where 12 are permitted. It
appears that the official unit count of 14 units per the BTR has been consistent since 1997.
The long and the short of it is this, we need to get the numbers to be accurate and to match
across a11 documents. I need to know if there is an accessory dwelling which was brought up
at one point. If there is then the permitted density of the site is one accessory dwelling unit
with 10 hotel units where 14 hotel units exist. IF there is not accessory dwelling then the
permitted number of hotel units is 11 units where 14 exist. Unless there is some forthcoming
documentation which shows that there are more units on site than that, that is what I intend to
stick with.
Response: The current density on the site is 16 units. Provided with the response to these
comments is the Property Card from the Pinellas County Property Appraiser, which shows 6
units existing in one building and 10 units existing in the other building. Based upon the
Development Review Committee meeting and subsequent correspondence with City staff, it
is acknowledged that these 16 units are legally non-conforming as to this property.
2. Perimeter landscaping is not required, however, the Code does require foundation
landscaping. A Comprehensive Landscape Program will need to be submitted. Beach by
Design does require a three foot landscape buffering for parking. The lack of this buffer
needs to be addressed.
Response: A termination of non-conforming status does not require foundation
landscaping. Rather, only perimeter landscaping consistent with the Code (Section 6-
109(c)(1)) and off-street parking lots (Section 6-109(c)(2)) to meet the landscaping standards
of Section 3-1202(e). Since there is less than 4,000 square feet of vehicular use area, no
landscaping is required within this area per section 3-1202(e). Furthermore, no internal
landscaping as would otherwise be required by Beach By Design, is required for a
termination of non-conforming status. The parking area backs up directly to the right of way,
so, practically, no buffer could exist.
3. Clarify the deal with the little building which seems to be attached to the office on the west
side of the site along Rockaway - Google Streetview has it with a Pizza sign attached. I am
guessing this actually on the adjacent property to the west associated with the Sand Dune
Motel and has nothing to do with the subject site. Let me know if that is a correct
assumption.
Response: The pizza shop is not on the subject property.
4. Clarify if the height of about 20 feet is from grade or BFE.
Response: The height is 20 feet from grade; 14' 11" from base flood elevation.
5. Please provide the phone number and email address of the property owners on the
application.
Response: The phone number and email address of the property owners are in care of the
representative of Hill Ward Henderson.
6. Please provide the areas of all four atta.ched signs.
Response: Any atta.ched signage must comply with existing Code consistent with the
termination of non-conforming sta.tus. In the event that the termination of non-conforming
status as to density is approved, the applicant must remove any non-conforming signs and
apply for appropriate conforming signage on the site.
7. Clarify where mechanical equipment is located and how it is screened from view from
adjacent properties and rights-of-way. This includes equipment such as air conditioning
units.
Response: There is no additional mechanical equipment on-site.
8. Clarify the means by which solid waste is accommodated. Clarify where the dumpster is
located and how it is screened.
Response: There is no existing dumpster on-site. Solid waste is currently carried by hand
to the right of way.
9. Clarify how parking works given a low, existing ratio.
Response: Parking is consistent with existing parking on this site and other small motels.
Adjacent to this property is a small motel of similar size with no parking. There is public
parking adjacent to this site to accommodate any visitors and any other visitors would park in
the public parking areas, park on-site in one of the 7 provided parking places, or take public
transportation such as taxi cab or trolley from the airport or bus station, however they arrive
in town to stay at the hotel. While the low existing ratio of parking to hotel rooms is not
ideal, this request is simply for the termination of non-conforming status as to the density and
in the event of redevelopment in the future, this site would comply with parking to the extent
possible as required in Beach By Design.
10. Provide the timeframe with regard to redeveloping the property.
Response: Upon approval, the termination of non-conforming sta.tus of the density on this
site, the owner and applicant will have the ability to weigh its options regarding
redevelopment. Any redevelopment will be within the timeframe specified in the Code.
11. Since the building is required to be demolished by June clarify why we are bothering
rearranging the parking spaces.
Response: There is currently a Notice of Violation with respect to unsafe building
structures on this site. Terminating the non-conforming status as to density will give the
applicant and owner the opportunity to weigh its options as to the total reconstruction of the
site, redevelopment of the site or the demolition of the site.
12. Please provide a detailed analysis of the proposed improvements to the site and building.
You will want to include these details as you respond to the Comp. Landscape Program
criteria and the TOS criteria.
Response: The termination of non-conforming status per Code Section 6-109 does not
require improvements other than the limited parking and landscaping requirements as
identified in the Code. Consistent with Section 6-109, the applicant will remove non-
conforming accessory structures and non-conforming signs from the property as required
within the time frame specified in the Development Order.
Planning Review, General Applicability Criteria Comments
13. Criteria 1 through 4- No comments.
Response: Acknowledged.
14. Criterion 5- Clarify the types of proposed improvements to the site and building. Include as
much detail as possible.
Response: Please see responses to Comments 11 and 12 above.
Planning Review, TOS Criteria Comments
15. Criterion 1- While CDC Section 3-1202.D does provide that perimeter buffers are not required in
the T District there is a ca�ea.t that provides an exception to this rule in that the Old Florida Disirict
of Beach by Design does have perimeter buffer requirement. Basically, landsca.pe buffers are equal
to the required setback. The required front setback is 15 feet. The required side setbacks are 10 feet.
Therefore, the required buffers for front and side are 15 and l 0 feet, respectively. This is a11 per
Beach by Design which is the default specified in the CDC.
Response: The property is located in the Destination Resort District of Beach By Design
and no buffers for landscaping are required. While Beach By Design does have a
requirement for offering of parking areas, this does not come into effect due to the limited
nature of the termination of non-conforming status Code provision. Furthermore, there is no
buffer from parking available as the parking is adjacent to the right of way and backs right
into the right of way.
16. Criterion 2- I think that a11 you really need to do to address this one is mention that interior
landscaping is required of parking lots in excess of 4,000 and that the actual vehicular use area is
1,067 square feet.
Response: The vehiculax use area is less than 4,000 square feet and, therefore, interior
landscaping is not applicable.
17. Criterion 3- Provide a discussion with regard to how the existing signs will be brought into
conformance with Code. Include details about the existing signs such as area and dimensions.
Response: As required by the termination of non-conforming status, any non-conforming
sign will be removed, and the only signs conforming with Code will remain. In the event the
applicant desires additional signage, the applicant will be required to proceed under the
Comprehensive Sign Program.
18. Criterion 4- A Comprehensive Landscape Program application is required at this time because were
essentially eliminating a11 landscape buffering.
Response: Pursuant to Development Review Committee meeting, this comment was deleted.
19. Criterion 5- No comments.
Response: Acknowledged.
Planning Review, Comprehensive Landscape Plan Criteria Comments
20. This needs to be submitted.
Response: There is no Comprehensive Landscape Plan requirement as there is no
foundation landscaping required within the termination of non-conforming status portion of
the Code.
Planning Review, Disclaimer
21. Please be aware that additional comments may be generated at or subsequent to the DRC
meeting based upon applicant response to DRC comments.
Response: Acknowledged.
22. Please review the stated request closely. It is ultima.tely the responsibility of the applicant to ensure
that the request and subrnitted proposal are accurate and consistent with each other.
Response: Acknowledged.
Stormwater Review
1. Stormwater has no comments for the request for the termination of nonconformity.
Comments may occur if upon submittal of a building permit.
Response: Acknowledged.
Traffic Eng Review, General Note(s):
1. DRC review is a prerequisite for Building Permit Review; additional comments ma.y be forthcoming
upon submittal of a Building Pemut Application.
Response: Acknowledged.
s3asaso�i
I#: 2014017942 BK: 18286 PG: 2690, O1/23/2014 at 08:47 AM,
$27.00 •D DOC STAMP COLLECTION $3675.00 KEN BURKE, CLERK OF
COMPTROLLER PINELLAS COUNTY, FL BY bEPUTY CLERK: CLKDM04
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Prepared by and Return to:
Steven A. Williamson, Esquire
Johnson, Pope, Bokor, Ruppel & Burns, LLP
P.O. Box 1368
Ciearwater, Fiorida 33757-1368
Tefephone: 727-461-1818
RECORDING 3 PAGES
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STATUTORY WARRANTY C���D
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THIS INDENTURE is made on / 2� ;,:; �,,2p��K; between VIOLET K.
KOVACS, a single woman, f/k!a Violet Cler��nfin� I�Qk�n.�s ("Grantor"), whose post
office address is 23 Rockaway Street, Clearwat�r, FG��3767, and CL.EARPARK l.l.C, a
Fiorida limited liability company ("Grar��ea`�, wkibse��iost office address is 1001 East
Atlantic Avenue, #202, Deiray Beach, Fi,'33483s°, �.,'
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Grantor, for and in cap�ider�aYion �q��Ten Doilars ($10.00) and other good and
valuable consideration #a�rar�tdcin hand paid by Grantee, the receipt and su�ciency
of which are hereby a�know,{�dg��.,� has granted, bargained and sold to Grantee, and
Grantee's successors`a1a�;assigns'forever, the following described land, situated in
Pinellas Counfy, Efg�id�,'�; ,
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Lots�� and 8„of MlLLER'S REPLAT, according io the Plat
�hi��eeo�F,.aslk,�orded in Plat Boak 26, Page 17, of the Public
_ Re�.o�ds of'Pinellas County, FEorida.
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��,`. 1D�05-29-15-57924-000-0050 and #05-29-15-57924-U00-0080
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'�'-,_Ifi�i� conveyance is subject to matters set forth on Exhibit "A� ("Permitted
Encumt��ances").
Grantar does hereby fully warrani the title to said land and will defend the same
against the lawful claims of a!1 persons whomsoever.
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Note to Administrator: Consideration for this convayance is $525,OOU.00.
PINELLAS COUNTY FL OFF, REC. BK 18286 PG 2691
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IN WITNESS WHEREOF, Grantor has hereunto set Grantor's hand
day and year first above written.
Signed, seaied and delivered
in the presence of:
STATE OF FLORiDA
COUNTY OF PINELLAS
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,r.-----ifie foregoing instrumer�ft' was'. �ckn��ivted ec
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before me this S� day of
�le Kokenes. She is
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PINELLAS COUNTY FL OFF. REC. BK 18286 PG 2692
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EXHIBIT "A" _ --- `
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1. Taxes and assessments for #he year 2014 and subsequsnt yearsy�;---�; �,'�;�,
which are not yet due and payable. ;; ��', '��
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2. Restrictions, dedicaiions, conditions, reservations, easemerf�g�ahd'�.' _: -'
other matters shown on the plat of MILLER'S REP�T, as;"� �
recorded in Plat Book 26, Page(s) 17, but deleting any ct�v�nant, >;
condition or restriction indicating a preference, limitat`roi�-dr'�
discrimination based on race, color, religion, sex,.handicap, familial
staius or natianal origin ta the extent such coven�nts, conditions or
restrictions violate 42 USC 3604(c). �� �� ���
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