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MEETING DATE:
AGENDA ITEM:
CASE:
COMMUNITY DEVELOPMENT BOARD
PLANNING AND DEVELOPMENT DEPARTMENT
STAFF REPORT
December 16, 2014
G.3.
REZ2014-07002
REQUEST• To amend the Zoning Atlas designation from Rural Residential (RR) (Pinellas
� County) and Open Space/Recreation (OS/R) (City) to Low Medium Density
Residential (LMDR) and Medium Density Residential (MDR) (City)
GENERAL DATA:
Agent... ... ... ... ... ... ... ... ...
Applicant / Owner.
Location ... ... .........
Property Size
ANALYSIS:
E.D. Armstrong, III, and Katherine E. Cole; Hill Ward Henderson, P.A.
La Salle Realty, LLC
2222 Lake Shore Drive, located on the southwest corner of Lake Shore Drive
and Fourth Avenue South
2.08 acres
Site Location and Existing Conditions:
This case involves a 2.08-acre property located on the southwest
corner of Lake Shore Drive and Fourth Avenue South. The
property is primarily vacant, occupied by a vacant detached
dwelling. The majority of the parcel is within Pinellas County's
jurisdiction, with the exception of a 30-foot strip of vacated right-
of-way which is in the City. The applicant has submitted a Petition
for Annexation for the portion of the parcel not currently within
the City (ANX2014-07011) which is being processed concurrently
with this case which is being processed concurrently with this case
at the January 15, 2015 City Council meeting. The applicant owns
an automotive dealership (Dimmitt Cadillac) west of the subject
property fronting US Highway 19 and would like to utilize a
portion of the parcel (0.81 acres) to expand existing non-residential
off-street parking on the parcel immediately adjacent to the west
that is associated with the automobile dealership. In 2005, the City
approved an amendment to the adjacent parcel's designations to the
Residential Low (RL) future land use category with the Low
Medium Density Residential (LMDR) zoning district so that the
parcel could be used for non-residential off-street parking
(LUZ2004-08006). A Development Agreement (DVA2004-
00003)between the applicant and the City was also approved which
limited the use of the adjacent site to only the non-residential off-
street parking use and included required buffers and other
parameters to limit the impact of the use on any surrounding
properties, including the subject property.
Request:
The request is to change the property's Zoning Atlas designation of
Rural Residential (RR) (Pinellas County) (1.82 acre) and
E.3.
� C��itil Y1' �lel Level III Zonin Atlas Amendment A lication Review PLANNING & DEVELOPMENT
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Open Space/Recreation (OS/R) (0.26 acre) to Low
Medium Density Residential (LMDR) (0.81 acres) and
Medium Density Residential (MDR) (1.27 acres). The
applicant is also requesting to amend the property's
future land use designation from Residential Suburban
(RS) to Residential Low (RL) and Residential Low
Medium (RLM) (see concurrent case LUP2014-
07002). Additionally, the applicant has requested a
first amendment to the Development Agreement with
the City in order to integrate this parcel into the
conceptual plan that is an exhibit to the agreement (see
concurrent case DVA2014-07001). The amended
Development Agreement proposes to limit the use on
the portion of the site proposed to be designated
Residential Low (RL) with Low Medium Density
Residential (LMDR) zoning district to non-residential
off-street parking. The remainder of the site proposed
to be designated Residential Low Medium (RLM)
with Medium Density Residential (MDR) zoning is
depicted as vacant on the conceptual plan. The
amended Development Agreement would also
establish landscape buffers around the parcel and
between the proposed parking lot and the remainder of
the site. It specifies that loud speakers or amplified
sound on the property will be prohibited, lighting on
the site will be designed so that light does not intrude
beyond the site boundaries, and the parking of vehicles
associated with the service department on the site will
be prohibited. The applicant has submitted a Flexible
Development application for the proposed 65 space
parking lot (see concurrent case FLD2014-07020).
Vicinity Characteristics:
Adjacent to the property, to the north, is a single
family home located on a 3.3 acre parcel. To the south
and east are City owned vacant parcels, and to the
west is additional parking used by the auto dealership.
Three different Zoning Atlas designations abut the
subject property. The Open Space/Recreation (OS/R)
District shares the largest portion of the linear
perimeter boundary with approximately 642 feet or 52
percent. The remainder abuts properties with Low
Medium Density Residential (LMDR) and Rural
Residential (RR) (Pinellas County) zoning
designations (see Figure 1 below).
Community Development Board — December 16, 2014
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Y��1��� 11' �ll.l Level III Zonin Atlas Amendment A lication Review PL^xrrlNG & DEV�LOrMErrr
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U �\i'`-�•/\�/.�/\�/\�,��1�\/,-�e'r. . . �. .e c . � � .
Abutting Zoning Atlas
Designations
-� , ■ Low Medium Density
20/ Residential (LMDR)
28% a
Open
Space/Recreation
�` �- (OS/R)
52 �o ■ Rural Residential
(RR) (Pinellas
County)
Figure 1
A complete listing of the surrounding land uses, Future Land Use Map designations and Zoning
Atlas designations are shown in Table 1.
Table 1. Sur�ounding Future Land Use and Zoning Designations
Existin Use s FLUM Desi nation Zonin Atlas Desi nation
Direction
Rural Residential (RR)
North: Single Family Residential Residential Suburban (RS) (County), Low Density
Residential LDR
East: Vacant/Open Space (City Residential Suburban (RS), Open Space/Recreation (OS/R)
Owned), Lake Chautau ua Preservation (P)
South: Vacant/Open Space (City Recreation/Open Space Open Space/Recreation (OS/R),
Owned) (R/OS) Preservation (P)
West: Automobile Dealership Residential Low (RL) Low Medium Density
Residential (LMDR)
REVIEW CRITERIA:
No amendment to the Zoning Atlas shall be recommended for approval or receive a final action
of approval unless it complies with the standards contained in Section 4-602.F, Community
Development Code. Table 2 below depicts the consistency of the proposed amendment with the
standards as per Section 4-602.F.
Community Development Board — December 16, 2014
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� 1i���1 tl' Rl�� Levei III Zoning Atlas Amendment Application Review
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Table 2. Consistency with Community Development Code Standards
F.1
F.2
F.3
F.4
F.5
F.6
The proposed amendment is consistent with and furthers
the goals, policies and objectives of the Comprehensive
Plan and furthers the purposes of this Development Code
and other city ordinances and actions designed to
implement the plan.
The available uses to which the property may be put are
appropriate to the property which is subject to the
proposed amendment and compatible with existing and
planned uses in the area.
The amendment does not conflict with the needs and
character of the neighborhood and the city.
The amendment will not adversely or unreasonably affect
the use of other property in the area.
The amendment will not adversely burden public
facilities, including the traffic-carrying capacities of
streets, in an unreasonably or disproportionate manner.
The district boundaries are appropriately drawn with due
regard to locations and classifications of streets,
ownership lines, existing improvements and the natural
environment.
X
X
X
X
X
X
PLANNING & DEVELOPMENT
LONG RANGE DIVISION
RECOMMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW:
Consistency of Development with the Clearwater Comprehensive Plan and Community
Development Code and City Regulations [Section 4-602.F.1]
Recommended Findings of Fact:
Applicable goals, objectives and policies of the Clearwater Comprehensive Plan which support
the proposed amendment include:
Goal A.2 A sufficient variety and amount of Future Land Use categories shall be provided to
accommodate public demand and promote infill development.
Policy A.2.2.3 Commercial land uses shall be located at the intersection of arterial or collector
streets and should be sited in such a way as to minimize the intrusion of off-site impacts into
residential neighborhoods. New plats and site plans shall discourage the creation of "strip
commercial" zones by insuring that adequate lot depths are maintained and by zoning for
commercial development at major intersections.
Policy A.6.2.1 On a continuing basis, the Community Development Code and the site plan
approval process shall be utilized in promoting infill development and/or planned developments
that are compatible.
Objective B.1.4 The City shall specifically consider the existing and planned LOS the road
network affected by a proposed development, when considering an amendment to the land use
map, rezoning, subdivision plat, or site plan approval.
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Recommended Conclusions of Law:
The request does not conflict with the goals, objectives and policies of the Clearwater
Comprehensive Plan and furthers said plan as indicated in the following. The proposed
amendment will allow for a portion of the property to be utilized by the automobile dealership to
the west for its operations (0.81 acres, five platted lots). Although the subject property is not
located at an intersection, it is accessible from the main dealership property which is located on
US Highway 19, a major arterial roadway. The amended conceptual plan within the proposed
first amendment to the Development Agreement (see case DVA2014-07001) shows that the only
access to the portion of the site to be used for non-residential off-street parking is from the
existing dealership parking area; there is no means of ingress/egress to this portion of the site
from Lake Shore Drive or Fourth Avenue South. Designating the remainder of the property as
Residential Low Medium (RLM) will allow for possible residential infill development of the
remaining property (1.27 acres, nine platted lots) at a density compatible with the surrounding
uses, although the owner/applicant does not have any current plans to do so. In addition, the
proposal does not degrade the level of service for public facilities below the adopted standards (a
detailed public facilities analysis follows in this report).
Compatibility with Surrounding Property/Character of the City & Neighborhood [Section
4-602.F.2, 4-602.F.3 and Section 4-602.F.4]
Recommended Findings of Fact:
Primarily single-family dwellings characterize the area to the north of the parcel. The area
immediately to the west has been developed as parking associated with the vehicle sales and
display use along US Highway 19. South of the subject property is a parcel owned by the City of
Clearwater and a Duke Energy utility easement, and to the east, across Lake Shore Drive, is
additional open space and Lake Chautauqua.
The proposed Low Medium Density Residential (LMDR) District primarily permits residential
uses, but allows for non-residential off-street parking through a Level Two Flexible
Development approval. The intent and purpose of the Low Medium Density Residential District
is to protect and preserve the integrity and value of existing, stable residential neighborhoods of
low to medium density while at the same time, allowing a careful and deliberate redevelopment
and revitalization of such neighborhoods in need of revitalization or neighborhoods with unique
amenities which create unique opportunities to increase property values and the overall
attractiveness of the City.
The proposed Medium Density Residential (MDR) District also primarily permits residential
uses, but allows for additional residential equivalent uses such as congregate care, assisted living,
and overnight accommodations uses through a Level Two Flexible Development approval. The
intent and purpose of the proposed Medium Density Residential District is to protect and
preserve the integrity and value of existing, stable residential neighborhoods of inedium density
while at the same time, allowing a careful and deliberate redevelopment and revitalization of
existing neighborhoods in need of revitalization or neighborhoods with unique amenities which
create unique opportunities to increase property values and the overall attractiveness of the City.
Over time, US 19 has transitioned from a roadway providing land access to a limited-access
highway. This change has affected which land uses are successful along the corridor. The City's
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adopted US 19 Corridor Redevelopment Plan envisions areas in-between the major intersections
of US Highway 19 (centers) transforming from strip commercial to a wider range of land uses,
recognizing that direct access to these sites has been limited by the US Highway 19
improvements. While the primary automobile dealership property fronts US Highway 19, it is
not envisioned that this parcel be included in any future land use plan or Zoning Atlas
amendments related to that planning effort.
The proposed Low Medium Density Residential (LMDR) District will allow the use of a portion
of the site to be used for non-residential off-street parking, while designating the remainder of
the parcel as Medium Density Residential (MDR) would allow for possible future residential
development at a density and scale that is consistent and compatible with existing commercial
and residential uses in the vicinity of the subject property. The uses available to the site,
including the proposed non-residential off-street parking use, are consistent with other
development in the area, and provisions in the Community Development Code will be used to
ensure compatibility with adjacent residential development to the north.
Recommended Conclusions of Law:
The proposed Zoning Atlas designation is in character with the overall Zoning Atlas designations
in the area. Further, the proposal is compatible and consistent with the uses and character of the
surrounding properties and neighborhood in the vicinity of the subject property.
Sufficiency of Public Facilities [Section 4-602.F.5]
Recommended Findings of Fact:
To assess the sufficiency of public facilities needed to support potential development on the
property, the maximum development potential of the property under the present and requested
Future Land Use Map and Zoning designations were analyzed. Even though this is a Zoning
Atlas amendment application, maximum development potential is based on the underlying future
land use, so for purposes of this analysis sufficiency of public facilities is based on the future
land use map designation. Residential Low (RL) and Residential Low Medium (RLM) Future
Land Use Map designations would increase the amount of residential development potential by
11 units; however, four of those units are located on the portion of the site to be limited to non-
residential off-street parking use by the proposed amended Development Agreement (see Table
3).
Table 3
Site Area
Maximum
Development
Potential
Potential
2.08 AC
(90,604 SF)
5 DUs
27,181 SF
0.30 FAR
Abbreviations:
FLUM — Future Land Use Map
AC — Acres
SF — Sauare feet
�istin & Pro osed
i
0.81 AC
(35,283 SF)
4 DUs
14,113 SF
0.40 FAR
DUs — Dwelling Units
FAR — Floor Area Ratio
FL UM
1.27 AC
(55,321 SF)
12 DUs
27,660 SF
0.50 FAR
Community Development Board — December 16, 2014
REZ2014-07002- Page 6 of 10
Net Change
11 DUs
14,592 SF
° Clearwater Level III Zonin Atlas Amendment A lication Review PLANN�G & DEVELOPMENT
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The current Rural Residential (RR) District (Pinellas County) permits only single-family
residences and their customary uses, including general agricultural activities, accessory dwelling
unit, and home occupations. The Open Space/Recreation (OS/R) District (City) permits parks
and recreation facilities and utility/infrastructure facilities. The portion of the applicant's parcel
that was vacated right-of-way (0.26 acres) was assigned the Open Space/Recreation (OS/R)
District at the time of vacation consistent with the City-owned property to the south. Had the
parcel been within the City limits at the time the right-of-way was vacated, this portion of the
parcel would have been assigned a residential zoning consistent with the remainder of the parcel.
The proposed Low Medium Density Residential (LMDR) and Medium Density Residential
(MDR) Districts (City) primarily permit residential uses, although the Medium Density
Residential (MDR) District allows for both detached and attached dwellings, in addition to some
residential equivalent uses with Level Two (Community Development Board) approval.
As shown in Table 4 below, the proposed change will result in an increase in demand of certain
public facilities and services, but will not degrade them below acceptable levels.
Table 4. Public Facilities Level of Service Analysis
Net Change Capacity
Available?
Public Facility/Service present FLUM Requested Requested
Designation FLUM FLUM
�,�„ Designation Designation
�.� „ .��M,�
Streets 58 Trips 41 Trips 85 Trips 68 Yes
Potable Wate 1,302 GPD 1,411 GPD 3,125 GPD 3,234 Yes
Wastewate 1,172 GPD 1,129 GPD 2,812 GPD 2,769 Yes
Solid Waste 12.7 Tons/Year 2.1 Tons/Year 30.4 Tons/Year 19.8 Yes
Parkland 0.0 Acres 0.0 Acres 0.0 Acres 0 Yes
Notes:
1. Based on average daily trips per acreage figure, Pinellas County Countywide Plan Rules.
• Residential Suburban (RS) — 28 vehicle trips per day per acre.
• Residential Low (RL) — 50 vehicle trips per day per acre (0.81 acres).
• Residential Low Medium (RLM) — 67 vehicle trips per day per acre (1.27 acres).
2. Analysis based on utilization rates for residential uses for RS and RLM categories and non-residential utilization
rates for RL category because proposed use is parking lot
3. GPD — Gallons per day
4. Analysis based on residential uses within RS and RLM, and Parking Structure use (non-residential) for RL
5. Based on 4.0 acres of arkland er 1,000 ersons and 2.2 ersons er unit.
The Trip Generation Comparison by Zoning Atlas Designation in Table 5 below indicates the
estimated trip generation for specific uses allowed in the current and proposed zoning districts
based on the Institute of Transportation Engineer's (ITE) Trip Generation 9`h Edition. While the
ITE Manual does not include trip generation rates for off-street parking, the Low Medium
Density Residential (LMDR) District does allow this use as part of a Level II Flexible
Development application. Furthermore, the proposed parking lot is not considered a use which
generates trips. In order to show the maximum potential traffic which can be expected to be
generated by the proposed amendments to the Zoning Atlas, the traffic generation rate for single-
family detached housing was used for the portion of the parcel intended to be developed as
parking and the rate for residential condominium/townhouse use was used for the remainder of
the site proposed to remain vacant. A 0.26-acre portion of the overall property acreage zoned
Community Development Board — December 16, 2014
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OS/R does not allow residential development and was not included when calculating the existing
residential development potential for the parcel.
Table 5 compares the maximum trips that could be generated by a single-family development on
the portion of the site currently zoned Rural Residential (RR) in Pinellas County with the total of
the maximum trips which could be generated by single-family residential uses in the Low
Medium Density Residential (LMDR) District and a residential condominium/townhouse use in
the Medium Density Residential (MDR) District. The table shows an increase of 70 average
daily trips and an increase of six PM Peak Trips when comparing the maximum development
potential of a single-family detached housing use in the Rural Residential (RR) District (Pinellas
County) to the combined maximum development potential of a single-family detached housing
use in the Low Medium Density Residential (LMDR) District and a residential
condominium/townhouse use in the Medium Density Residential (MDR) District. This additional
development potential can be attributed to the increase in density allowed by the proposed
amendment to Residential Medium (RM) future land use within the Medium Density Residential
(MDR) District.
The proposed amended concept plan submitted with the first amendment to the Development
Agreement (see case DVA2014-07001) shows no direct access from the existing Dimmitt
parking area onto Fourth Avenue South; this is consistent with the concept plan approved in
2005. The applicant will be required to close an access point onto Fourth Avenue South that
currently exists.
The portion of the parcel proposed to be zoned Low Medium Density Residential (LMDR)
District will only be accessible through the existing dealership site to the west; therefore, any
additional daily trips will be distributed onto US Highway 19, although some trips may be
temporarily distributed to local streets to the east of the site while the aforementioned temporary
access exists. The potential trips generated by the use of the remainder of the site as a possible
residential condominium/townhouse development would be distributed onto the local street
network. The City's Engineering Department evaluates access management and trip distribution
at the time of site plan review. Should a site plan be proposed to redevelop the portion of the site
zoned Medium Density Residential (MDR) District, the City's Traffic Engineer would evaluate
it to determine if such a proposed development would adversely impact local residential streets.
The transportation impacts associated with this Zoning Atlas amendment will not result in the
degradation of US Highway 19, and no impact to the local road network is anticipated based on
the proposed amended concept plan included in the proposed amended Development Agreement
and Flexible Development application (see cases DVA2014-07001 and FLD2014-070020).
Community Development Board — December 16, 2014
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Table S. Trip Generation Comparison by Zoning Atlas Designation
Avg. Net Change PM Peak Net
Development PM Peak Change
Land Use potential Daily Avg Daily Trips Avg Trips PM Peak
Trips Trips Rate Tri s
Existing Designation: Rural Residential (RR) District (Pinellas County) (1.82 acres)'
Single Family Detached 4 DUs4 38 N/A 1.00 4 N/A
Housin 9.52 tri s/unit)
Proposed Designation: Low Medium Density Residential (LMDR) District (0.81 acre) and Medium Density
Residential (MDR) District (1.27 acres)
Single Family Detached 4 DUsS 38 - 1.00 4
Housin 9.52 tri s/unit -
Residential
Condominium/Townhouse3 12 DUsS 70 - 0.52 6 -
(5.81 tri s/unit)
Total Impact of Proposed 16 DUs 108 70 - 10 6
Amendment
Abbreviations and Notes:
N/A = Not Applicable. SF = Square Feet GFA = Gross Floor Area
1. 0.26-acre portion of existing parcel is vacated right-of-way within the City which is currently zoned Open Space/
Recreation; this portion is excluded for this analysis of development potential.
2. Institute of Transportation Engineer's Trip Generation 9th Edition Land Use 210.
3. Institute of Transportation Engineer's Trip Generation 9th Edition Land Use 230.
4. Total dwelling units permitted by the underlying RS Future Land Use Map category is 2.5 units per acre.
5. Total dwelling units permitted by the underlying RL Future Land Use Map category is 5 units per acre and the underlying
RLM Future Land Use Ma cate o is 10 units er acre.
Recommended Conclusions of Law:
Based upon the findings of fact, it is determined that the traffic generated by the proposed
amendment is de minimus and will not result in the degradation of the existing level of service
on US Highway 19. There will be an increase in demand for potable water, generation of
wastewater and solid waste, but adequate capacity to accommodate the maximum demand
generated by the proposed amendment exists. Furthermore, parkland and recreation facilities will
not be affected by the proposed amendment.
Location of District Boundaries [Section 4-602.F.6]
Recommended Findings of Fact:
The location of the proposed Low Medium Density Residential (LMDR) District boundaries is
consistent with the proposed boundaries of the portion of the property to be used as non-
residential off-street parking (lots 10 through 14 and adjacent vacated right-of-way). The
proposed Medium Density Residential (MDR) District boundaries applied to the remainder of
the property is consistent with the boundaries of the remainder of the subject property (lots 15
through 23 and adjacent vacant right-of-way south of Lot 15).
The proposed Low Medium Density Residential (LMDR) and Medium Density Residential
(MDR) Districts are compatible with the residential uses to the north, the vacant/open space to
the east and south, and the commercial use to the west.
Community Development Board — December 16, 2014
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Recommended Conclusions of Law:
The district boundaries are appropriately drawn in regard to location and classifications of
streets, ownership lines, existing improvements and the natural environment.
REVIEW PROCEDURE:
Approval of the Zoning Atlas amendment does not guarantee the right to develop the subject
property. The property owner must comply with all laws and ordinances in effect at the time
development permits are requested, including transportation concurrency provisions of the
Concurrency Management System in Division 9, Community Development Code.
RECOMMENDATION:
Based on the foregoing, the Planning and Development Department recommends the following
action:
Recommend APPROVAL of the request for Zoning Atlas amendment from the Rural Residential
(RR) District (Pinellas County) to the Low Medium Density Residential (LMDR) and Medium
Density Residential (MDR) Districts
�� J
Prepared by Planning and Development Department Staff:
Laure atzke, AICP
Long Range Planning Manager
ATTACHMENTS: Resume
Photographs of Site and Vicinity
Community Development Board — December 16, 2014
REZ2014-07002- Page 10 of 10
Resume
Lauren Matzke, AICP
100 South Myrtle Avenue
Clearwater, FL 33756
727-562-4547
lauren.matzkena,mvclearwater.com
PROFESSIONAL EXPERIENCE
Long Range Planning Manager December 2011 to present
Planner III, Long Range Division October 2008 to Decernber 2011
Planner II, Long Range Division September 2008 to October 2008
City of Clearwater, FL
Responsible for numerous aspects of the Growth Management Act of Florida such as comprehensive
planning, Future Land Use Plan amendments, rezonings, and annexations. Update Community
Development Codes by Ordinance. Prepare staff reports for the City Council and Community
Development Board. Responsible for providing informational assistance to the public and developers
concerning development plans. Coordinate and manage various projects. Serve as the city's
representative on countywide and regional planning agency committees.
• Senior Planner
February 2007 to September 2008
City of St. Pete Beach, FL
Implemented new legislative directives for Florida's growth management laws related to
governments' comprehensive planning and land development regulations. Served as staff to the City
Commission, Planning Board and Historic Preservation Board. Administered the land development
regulations, processed future land use plan amendments and rezonings. Responsible for the
preparation of special area plans.
Environmental Specialist III August 2005 to February 2007
Florida Department of Environmental Protection, Tallahassee, FL
Served as primary reviewer of local government comprehensive plan amendments, sector plans and
evaluation and appraisal reports for the northwest region of Florida. Provided comments and
recommendations to the Florida Department of Community Affairs. Drafted policies and
comprehensive plan language regarding natural resource protection, assisting local government
representatives.
EDUCATION
Master's Degree in Urban and Regional Planning, Florida State University, 2006
Bachelor of Science in Design and Environmental Analysis, concentration in Gerontology, Cornell
University, 1998
LICENSES AND ASSOCIATION MEMBERSHIPS
Arnerican Institute of Certified Planners (2009 to Present)
American Planning Association (2003 to Present)
Florida Chapter (2005 to Present)
New York Metro Chapter (2003 to 2005)
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Across Fourth Avenue South, to the north of the subject
property
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ANX2014-07011, LUP2014-07002,
REZ2014-07002, DVA2014-07001
LaSalle Realty, LLC
2222 Lake Shore Drive
Page 1 of 2
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View looking northerly along Fourth Avenue South
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View looking westerly along Fourth Avenue South
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View looking easterly along Fourth Avenue South
View looking southerly along Lake Shore Drive
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View looking northerly towards intersection of Lake Shore
Drive and Fourth Avenue South
ANX2014-07011, LUP2014-07002,
REZ2014-07002, DVA2014-07001
LaSalle Realty, LLC
2222 Lake Shore Drive
Page 2 of 2
City of Clearwater
Response to Comments — Lasalle Realty
REZ2014-07002 — 2222 Lake Shore Drive
No comments.
Response: Acknowledged.
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Planning & Development Department
Zoning Atlas Amendment Application
ALL APPLICATIONS ARE TO BE FILLED OUT COMPLETELY AND CORRECTLY, AND SUBMITTED IN PERSON (NO FAX OR
DELIVERIES) TO THE PLANNING & DEVELOPMENT DEPARTMENT BY NOON ON THE SCHEDULED DEADLINE DATE.
A TOTAL OF 11 COMPLETE SETS OF APPLICATION MATERIALS (1 ORIGINAL AND 10 COPIES) AS REQUIRED WITHIN ARE TO
BE SUBMITTED FOR REVIEW BY THE DEVELOPMENT REVIEW COMMITTEE. SUBSEQUENT SUBMITTAL FOR THE
COMMUNITY DEVELOPMENT BOARD WILL REQUIRE 15 COMPLETE SETS OF APPLICATION MATERIALS (1 ORIGINAL AND
14 COPIES). PLANS AND APPLICATIONS ARE REQUIRED TO BE COLLATED, STAPLED AND FOLDED INTO SETS.
IT IS INCUMBENT UPON THE APPLICANT TO SUBMIT COMPLETE AND CORRECT INFORMATION. ANY MISLEADING,
DECEPTIVE, INCOMPLETE OR INCORRECT INFORMATION MAY INVALIDATE YOUR APPLICATION.
THE APPLICANT, BY FILING THIS APPLICATION, AGREES TO COMPLY WITH ALL APPLICABLE REQUIREMENTS OF THE
COMMUNITY DEVELOPMENT CODE.
APPLICATION FEE:
PROPERTY OWNER(5)
(PER DEED):
MAILING ADDRESS:
PHONE NUMBER:
EMAIL:
$775 Rezoning Only
$0 If submitted concurrently with corresponding Future Land Use
Map Amendment (FLUM Amendment fee inclusive of rezoning)
La Salie Realty, LLC
25191 US Highway 19 North, Clearwater, FL 33763
AGENT OR REPRESENTATIVE: E.D. Armstrong III and Katherine E. Cole, Esq., c/o Hill Ward Henderson, P.A.
MAILING ADDRE55: 311 Park Place Blvd., Suite 240, Clearwater, FL 33759-4904
PHONE NUMBER: (727) 724-3900
EMAIL: ed.armstrong@hwhlaw.com and katie.cole@hwhlaw.com
ADDRESS OF SUBJECT
PROPERTY (if applicable):
PARCEL NUMBER(S):
LEGAL DESCRIPTION:
2222 Lake Shore Drive, Clearwater, FL 33759
32/28/ 16/ 14940/035/0100
See attached Exhibit A
REASON FOR REQUESTED See attached Exhibit B
AMENDMENT:
Planning & Development Department, 700 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727-562-4567; Fax: 727-562-4865
Page 1 of 5 Revised 03/12
� ���.�a��e�
��
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Planning & li�vetcrpment Depattxnent
Zoning At�as Amendment Ap��icati€�n
PLEASE ElVS�iitE THAT T#!E fi�L14,i1AilNG IlYF()FtMATft'�[Y IS F[LLEp i�L1T, 4IY ITS EiyfTtRETY. �RfLIiR� Tfi CG1N'IPLETE THtS
FORM WlLL lR�SULT IN YOiUR APPL[CATiG3N �EiFiG �Ul�b fNCOM�PLETE Ai�ED ROSSIBLY �E�EFiliED Ul+lilL TH� FL}LLUW[NG
APPUGATi(aN GYCLE.
�U'�U�� LAN[� ll5� P6.AN C3�SIGlVAi'IQI�
PFtE5E1VT: RS (P3neCtas Coun#Y)
REQUESTED: RL (tots 1U-l4 and adjacent vacated right ofiway) and RiM (Lots 15-23 and adjacent
vaca � r�g a vxay
�t�t�tr�� pi5'�ttCt'
PR�SEhIT: 12R {Pineflas Coun j& OSJR (Ci )
REQUESTEI�: LMi}R {Lots 90-14 and adjacent var.�ted righk of way) arrd M�}R 4Lo#s 15-23 and ad�acenE
vac:a ng o way sau o 0
SITE AREA: +/- 90,766 sq, ft. +1- �.0$� atres
M,z►�cinnurwn a�.c�w���� a�xs�nr/�rvr��smr{�) : us�{s):
Ctrrrent/Existin� Existin� (cUrrently on site
Future Land l�se(s}; NIA or previous use if vacant}; Vacantl�arage
Propased Future i.anr9 Proposed {new use, if anY;
t1s�(s) (if app[itabls): t�iA {t+►c�n-t�esi�e��tiat �arking plus existing if to remain�; Non-Resident�] P�rking i.at
(units, rooms �r ireds per acr� ar nan- �-ot}
residential sqrsare faatage}
ZEahtiN�,,� DI5"t'RICfS �1�f ALiA[il1�►CE1�'1' P6C�P��tl`Y:
IUortF�, R-f� (Pine#las GtnPn#y}
�cauth: OS)Fi
East. OSlR
West: LMDR
SikTE UF �LQRIDA, COUN'�Y �F PIN�LtAS
!, the undersigrsed, acknowled�e that a41 representations made in this application are true and accurat� tQ the best af my
knawuledge and �uthoriz� Gty r�pr�sen�at�ves to visit end phatograph th� �rape�ty deseribed 'an this applieat�on,
j . �� ��, �.�
Swarn to and subscrib�d before me this ,r �� day of
�,t��'F J��,�� �r°` 2At4 . tr� me ar�d/ar by
}aroperty o�vner or
Katherine �. �ole, Esq., Authorized Agent
Kaitierirre E. Cole, Esq. who is persc�,��Uy_knasa�m.has
Notary public,
My camr»issior� expires:
as ideniititatian.
•e- ra �
Plar�irrg 8. Developmr�nt Liep�artrnent, 400 S. Myr#fe Avenue, Gfeanvater, FL 33756, Tel; i27-562-46Bi, Fax: 727-563-+�ti65
PagB Z of 5 Revised Q3ft2
° ����rwater
�
Planning & Development Department
Zoning Atlas Amendment Application
Submittal Package Checklist
IN ADDITION TO THE COMPLETED ZONING ATLAS AMENDMENT APPLICATION, ALL ZONING ATLAS
AMENDMENT APPLICATIONS SHALL INCLUDE A SUBMITTAL PACKAGE THAT INCLUDES THE FOLLOWING:
� Proof of ownership (e.g., copy of deed, title insurance policy, or other instrument demonstrating
ownership) [Note: Submit two copies only at time of original application]
� Legal description of the property. If the property is not a platted lot of record, a current boundary
survey prepared, signed and sealed by a land surveyor currently registered in the State of Florida is
required.
❑ A copy of deed restrictions applicable to the property to which the City is a party.
� Information demonstrating that the proposed amendment complies with the criteria set forth in Section
4-602.F. The attached Zoning Atlas Amendment Standards for Review sheet shall be used to provide
these responses.
� Note: Any request for Zoning Atlas amendment which is inconsistent with the Comprehensive Plan
Future Land Use Map designation must be accompanied by an Application for a Future Land Use Map
Amendment (separate application).
� A Traffic Impact Study is not required as part of the application for an amendment to the Zoning Atlas
(REZ). A Traffic Impact Study may be provided at the applicant's discretion to supplement the
assessment of the impact of the proposed change on the adequacy of public facilities (existing
roadways). A Traffic Impact Study may be required at the time a site plan is submitted for development
review if the total generated net new trips generated by the proposed development meet one or more
conditions outlined on the appropriate application.
� PUBLIC HEARING ATTENDANCE: The applicant or applicant's agent is advised to attend all public
hearings scheduled for the proposed amendment including public hearings before the Community
Development Board and City Council.
Planning & Development Department, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727-562-4567; Fax: 727-562-4865
Page 3 of 5 Revised 03/12
° l��rwater
��
�
Planning & Development Department
Zoning Atlas Amendment
Standards for Review
PROVIDE COMPLETE RESPONSES TO EACH OF THE SIX (6) STANDARDS FOR REVIEW EXPLAINING HOW, IN
DETAIL, THE CRITERION IS BEING COMPLIED WITH PER THIS ZONING ATLAS AMENDMENT.
1. The proposed amendment is consistent with and furthers the goals, policies and objectives of the
Comprehensive Plan and furthers the purposes of the Community Development Code and other City
ordinances and actions designed to implement the Plan.
See attached Exhibit "B" for responses 1 through 6.
2. The available uses to which the property may be put are appropriate to the property which is subject to
the proposed amendment and compatible with existing and planned uses in the area.
3. The amendment does not conflict with the needs and character of the neighborhood and city.
4. The amendment will not adversely or unreasonably affect the use of other property in the area.
5. The amendment will not adversely burden public facilities, including the traffic-carrying capacities of
streets, in an unreasonably or disproportionate manner.
6. The district boundaries are appropriately drawn with due regard to the locations and classifications of
streets, ownership lines, existing improvements and the natural environment.
Planning & Development Department, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727-562-4567; Fax: 727-562-4865
Page 4 of 5 Revised 03/12
o Pxanning & Development Department
� � ��a��r Zonin Atlas Amendment
g
� Aifidavit to Authariz� Agen�/Representative
1. Provide narrtes of aH property owners on deed— PRlNTfull n�mes:
La Salle Realry, LLC
2. That (I am/we are) the owner(s) and record tide holder�s} of thE following described prpperty:
Parcel Num�er 32l281161149401035l0100
3. That this property constitutes the property fvr whic� a reques# for (descrihe request}:
Rezaning
4. That the undersigned (has/have} appa+nted and (does%doj appai.nt:
E:�. Armstrang III and Kaiherine E. Cole, Esq.
as (his/their} agent�sj to execute any petitions ar ather documenis necessary to affect such
petition;
That this affidavit has been executed to indt�ce the City of Clearwater, Florida to cansider and aet an the
abo�e describecl property;
6. That site visits fio the property afe necessary by City representatives in order ta pro�ess this application
�nd #he owner authorizes City representatives to visit and photograph the properLy d.escrit�ed in this
applicatior�;
7' La �alre�F�eaf#y�L"�c ndersigned authority, hereby certify that the foregaing is true and correcC.
. . �.�� ,�° _ ..�—
Property Owner Property owner
By: Richard R. Dimmitt, Manager
ProperCy Owner
57ATE Of FLORlDA, CDUNiY DF PINELLAS
Property Owner
BEFDRE ME THE UND�RSIGNED, AN OFFICER DULY CDMMESSIONED BY 7HE I.AWS OF THE SiATE QF fLORIDA, Oid
THIS ��___ DAYOF �n,� , 2�14 .PERSQNALLYAPPEARED
Richard R. Dimrnitt, as Manager a# La Salle ReaEty, LLC WHp NAVING BEEN FiRST DULY SWORN
DEPQSED AND 5AY5 THATjf-i�SHE FULLY UNDERST'ANDS THE CdNTENTS �F TH� AFFIDAVIT THA��/SHE 51GNED.
t�
�;��A;� QYpR�YICAS�FIY
� * �41' C4MMfSSION A FF �i3810 r� .
EXFlF�5:Oc�bst16,�117 �q� pub ignature
��dFri BoAd9dihro9�etNO1�Y�� J
Notary 5eal/Stamp My Cammissian Ex�ire� l�7 ((0 1�
Planning & Davgiopmant Department,lDO 5. Myrtle Avenue, ClearwaEer, FL 33756, Tei: 727•562-4567; Fax: 727-5fi2-4$65
Page 5 of 5 Rev[sed Q3112
ZONING
EXISTING:
PROPOSED:
1.27 ACRES
F 0 U R T H A V E N U E S 0 U T H
24
9
a
0
0
0
u�
I
_ � �
RR (COUNTY) & OS/R (CITY)
MDR (CITY)
235.00'(P)
F I F T H A V E N U E S 0 U T H
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ZONING
EXISTING: RR (COUNTY) & OS/R (CITY)
PROPOSED: LMDR (CITY) 0 30 60 1 20
0.81 ACRES
PROJECT NO:
DIMMITT PARKING EXPANSION - ZONING EXHIBIT 14-025
GF � � ° DATE: FIGURE:
,�,��� � s ��Gulf Coast Consulting, Inc.
1�� � Land Development Consulting 7�201 4
��,::
� ; DRAWN BY:
'�k � �� y� .:,
� MKC
Exhibit A
Rezoning; to LMDR
I.,ots 10 through 14, inclusive, Block 35, Unit #3, Section "A", of CHAUTAUQUA ON THE
LAKE, according to thc map or plat thei•eof as recorded in Plat Boolc 9, Page 146, together with
that portion of the North 30 feet of Pifth Avenue South (60 foot right of way, vacated per O.R.
Boolc 8041, Pages 65-70) lying south of and adjacent to Lots 10 through 14, inclusive, Block 35,
Unit #3, Section "A", of CHAUTAUQUA ON THE LAKE, according to the inap or plat thereof
as recorded in Plat Book 9, Page 146, all of the Public Records of Pinellas County, Florida.
Rezoning to MDR
Lots 15 through 23, inclusive, Block 35, Unit #3, Section "n", of CHAUTAUQUA ON THF
LAK�, according Co the map or plat thereof as recorded in Plat Book 9, Page 146, together with
that portion of the North 30 feet of Fifth Avenue South (60 foot right of way, vacated per O.R.
Book 8041, Pages 65-70) lying south of and adjacent to Lot 15, Block 35, Unit #3, Section "A",
of CHAUTAUQUA ON THE LAKE, according to the map or plat thereof as reeorded in P1at
Book 9, Pagc 146, all of the Public Records of Pinellas County, Florida.
5448703v1
SECTION 32 TOWNSHIP 285, RANGE 16E
PINELLAS COUNTY, FLORIDA
PROJECT NUMBER 4400-01
0 30' 60'
S CALE : 1 " = 60'
FOURTH AVENUE oSOUTH
0
- - - a -
�SOUTH RIGHT OF WAY LINE `D
349.64'(P)
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45. 00'
HAUTAI�QUA ON �THE LAK
UNIT� N0. 3— EC A
PLAT BOOK 9, PAGE 146
22 21 20
BLOCK 35
45.00'(P) 50.00'(P) 50.00'(P)
235.00'( )
O.R. BOOK 7114, PAGE 628
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NORTH RIGHT OF WAY L E
45.00'(P) 45.00'(P) 50.00'(P) 50.00'(P) 45.
F I F T H A V E N U E
LE GE N D
BNDY = BOUNDARY
C = CALCUTATED BEARING/DISTANCE
P = PLAT BEARING/DISTANCE
OR = OFFlCIAL RECORDS
PB = PLAT BOOK
PG = PAGE
POB = POINT OF BEGINNING
POC = POINT OF COMMENCEMENT
R/W = RIGHT-OF-WAY
SR = STAlE ROAD
US = UNITED STATES
NOT A SURVEY
ITEM DATE BY QC
SKETCH & DESCRIPTION I 5/27/14 I RED I DDF
H: \JN\4400\DWG\4400-L15-23-SD.DWG
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VACATED RIGHT OF WAY PER ORDINANCE � �
No. 5266-92 O.R. BOOK 8041, PAGES 65-70 �
o SUBJECT TO EASEMENT RESERVATION �
° 159.56'(C) m
S 0 U T H
CURVE TABLE
CURVE ARC DE LTA RADIUS CHORD
C1 C 32.71' 7'48'30" 240.00' 32.68'
DIMMITT
REZONING PARCEL
SHEET 1 OF 2
PO��S ASSOCIATES INC.
PROFESSIONAL SURVEYING LB 6113
2165 SUNNYDALE BOULEVARD, SUITE D
CLEARWATER, FLORIDA 33765
(727) 461-6113
SECTION 32 TOWNSHIP 28S, RANGE 16E
PINELLAS COUNTY, FLORIDA
D E S C R I P T I 0 N PROJECT NUMBER 4400-01
LOTS 10 THROUGH 23, INCLUSIVE, BLOCK 35, UNIT #3, SECTION "A", OF CHAUTAUQUA ON THE LAKE,
ACCORDING TO THE MAP OR PLAT THEREaF AS RECORDED IN PLAT BOOK 9, PAGE 146 OF THE PUBLIC
RECORDS OF PINELLAS COUNTY, FLORIDA.
TOGETHER WITH
THAT PORTION OF THE NORTH 30 FEET OF FIFTH AVENUE SOUTH (60' RIGHT OF WAY, VACATED PER O.R. BOOK
8041, PAGES 65-70) LYING SOUTH OF AND ADJACENT TO LOTS 10 THROUGH 15, INCLUSIVE, BLOCK 35, UNIT
#3, SECTION "A", OF CHAUTAUQUA ON THE LAKE, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN
PLAT BOOK 9, PAGE 146 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA.
LE S S AND E XCE PT THE FOLLOWING:
LOTS 10 THROUGH 14, INCLUSIVE, BLOCK 35, UNIT #3, SECTION "A", OF CHAUTAUQUA ON THE LAKE,
ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 9, PAGE 146 OF THE PUBLIC
RECORDS OF PINELLAS COUNTY, FLORIDA.
TOGETHER WITH
THAT PORTION OF THE NORTH 30 FEET OF FIFTH AVENUE SOUTH (60' RIGHT OF WAY, VACATED PER O.R. BOOK
8041, PAGES 65-70) LYING SOUTH OF AND ADJACENT TO LOTS 10 THROUGH 14, INCLUSIVE, BLOCK 35, UNIT
#3, SECTION "A", OF CHAUTAUQUA ON THE LAKE, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN
PLAT BOOK 9, PAGE 146 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA.
CONTAINING 1.274 ACRES, MORE OR LESS
N 0 T E S
1. RE-USE OF THIS SKETCH FOR PURPOSES OTHER THAN WHICH IT WAS INTENDED, WITHOUT WRITTEN
VERIFICATION, WILL BE AT THE RE-USERS SOLE RISK AND WITHOUT LIABILITY TO THE SURVEYOR.
NOTHING HEREIN SHALL BE CONSTRUED TO GIVE ANY RIGHTS OR BENEFITS TO ANYONE OTHER THAN
THOSE CE RTIFIE D T0.
2. THIS SKETCH IS NOT INTENDED TO SHOW THE LOCATION OR EXISTENCE OF ANY JURISDICTIONAL,
HAZARDOUS OR ENVIRONMENTALLY SENSITIVE AREAS.
3. THIS SKETCH WAS PREPARED WITHOUT THE BENEFIT OF AN ABSTRACT OF TITLE AND MAY BE SUBJECT
TO EASEMENTS, RESTRICTIONS, RIGHTS-OF-WAY AND OTHER MATTERS OF RECORD.
C E R T I F I C A T I 0 N
I HEREBY CERTIFY THAT THE SKETCH REPRESENTED HEREON MEETS THE MINIMUM TECHNICAL STANDARDS
SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 5J-17, FLORIDA
ADMINISTRATIVE CaDE, PURSUANT TO SECTION 472.027 TAT E�,,�,�
�
DANIEL . FER ANS
PROFESSIONAL LAND SURVEYOR
NOT A SURVEY LS 3885, STATE OF FLORIDA SHEET 2 OF 2
ITEM � DATE I BY I QC
SKETCH & DESCRIPTION I 5/27/14 I RED I DDF
H: \JN\4400\DWG\4400-L15-23-SD.DWG
DIMMITT
REZONING PARCEL
PO��s ASSOCIATES INC.
PROFESSIONAL SURVEYING LB 6113
2165 SUNNYDALE BOULEVARD, SUITE D
CLEARWATER, FLORIDA 33765
(727) 461-6113
F 0 U R TH A V E N U E
I 'a �HAUUN I�QU�A30N SECEALAK
I
o PLAT BOOK 9, PAGE 146
0
24 °0 23 22 21 20
BLOCK 35
35.00'(P)
45.00 P 45.00 P 50.00 P 50.00 P
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NORTH RIGHT OF WAY L E
45.00'(P) 45.00'(P) 50.00'(P) 50.00'(P) 45.
o� VACAIED RIGHT OF WAY PER ORDINANCE No. 5266-92
o� O.R. BOOK 8041, PAGES 65-70
� SUBJECT TO EASEMENT RESERVATION
235.00'(P)
� TH A VE N U E
LE GE ND
BNDY = BOUNDARY
C = CALCULATED BEARING/DISTANCE
P3 = PLAT BEARING/DISTANCE
OR = OFFICIAL RECORDS
PB = PLAT BOOK
PG = PAGE
POB = POINT OF BEGINNING
POC = POINT OF COMMENCEMENT
R/W = RIGHT-OF-WAY
SR = STAlE ROAD
US = UNITED STATES
NOT A SURVEY
ITEM DATE BY QC
SKETCH & DESCRIPTION 5/20/14 RED DDF
H:\JN\4400\DWG\4400-L10-14-SD.DWG
SECTION 32 TOWNSHIP 285, RANGE 16E
PINELLAS COUNTY, FLORIDA
PROJECT NUMBER 4440-01
0 30' 60'
S CALE : 1 " = 60'
S 0 U T H r
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114.64'(P)
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REZONING PARCEL
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fn
SHEET 1 OF 2
POLA� ASSOCIATES INC.
PROFESSIONAL SURVEYING LB 6113
2165 SUNNYDALE BOULEVARD, SUITE D
CLEARWATER, FLORIDA 33765
(727) 461-6113
SECTION 32 TOWNSHIP 28S, RANGE 16E
PINELLAS COUNTY, FLORIDA
D E S C R I P T I 0 N PROJECT NUMBER 4400-01
LOTS 10 THROUGH 14, INCLUSIVE, BLOCK 35, UNIT #3, SECTION "A", OF CHAUTAUQUA ON THE LAKE,
ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 9, PAGE 146 OF THE PUBLIC
RECORDS OF PINELLAS COUNTY, FLORIDA.
TOGETHER WITH
THAT PORTION OF THE NORTH 30 FEET OF FIFTH AVENUE SOUTH (60' RIGHT OF WAY, VACATED PER O.R. BOOK
8041, PAGES 65-70) LYING SOUTH OF AND ADJACENT TO LOTS 10 THROUGH 14, INCLUSIVE, BLOCK 35, UNIT
#3, SECTION "A", OF CHAUTAUQUA ON THE LAKE, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN
PLAT 800K 9, PAGE 146 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA.
CONTAINING 0.809 ACRES, MORE OR LESS
N 0 T E S
1. RE-USE OF THIS SKETCH FOR PURPOSES OTHER THAN WHICH IT WAS INTENDED, WITHOUT WRITTEN
VERIFICATION, WILL BE AT THE RE-USERS SOLE RISK AND WITHOUT LIABILITY TO THE SURVEYOR.
NOTHING HEREIN SHALL BE CONSTRUED TO GIVE ANY RIGHTS OR BENEFITS TO ANYONE OTHER THAN
THOSE CERTIFIED T0.
2. THIS SKETCH IS NOT INTENDED TO SHOW THE LOCATION OR EXISTENCE OF ANY JURISDICTIONAL,
HAZARDOUS OR ENVIRONMENTALLY SENSITIVE AREAS.
3. THIS SKETCH WAS PREPARED WITHOUT THE BENEFIT OF AN ABSTRACT OF TITLE AND MAY BE SUBJECT
TO EASEMENTS, RESTRICTIONS, RIGHTS-OF-WAY AND OTHER MATTERS OF RECORD.
C E R T I F I C A T I 0 N
I HEREBY CERTIFY THAT THE SKETCH REPRESENTED HEREON MEETS THE MINIMUM TECHNICAL STANDARDS
SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 5J-17, FLORIDA
ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027 STA T
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OANIEL . FERRANS
PROFESSIONAL LAND SURVEYOR
NOT A SURVEY LS 3885, STATE OF FLORIDA SHEET 2 OF 2
ITEM � DATE � BY � QC
DIMMITT
SKETCH & DESCRIPTION 5/20/14 RED DDF REZONING PARCEL
H: \JN\4400\DWG\4400-L10-14-SD.DWG
PO��S ASSOCIATES INC.
PROFESSIONAL SURVEYING LB 6113
2165 SUNNYDALE BOULEVARD, SUITE D
CLEARWATER, FLORIDA 33765
(727) 461-6113
Exhibit B to Rezonin� Application
Approximately 2.084 acres of land located adjacent and to the east of Dimmitt auto dealership
(the "Subject Property") located in the City of Clearwater, Florida (the "City"), is being
requested for annexation, rezoning, comprehensive plan amendment, development agreement
and flexible development in the City for expansio�� of non-reside�ltial off-street parking for the
dealership. The Subject Property is currently zoned RR in unincorporated Pinellas County and
OS/R in the City, and is proposed for:
LMDR zoning in the City for Lots 10 through 14 and the adjacent vacated right of way
("Lots 10-14") ; and
MDR zoning in the City for Lots 15 through 23, and the adjacent vacated right of way
to the south of Lot l 5("Lots l 5-23").
Responses to City of Clearwater Zoning Amendment Standards for Review:
1. The proposed amendment is consistent with and furthers the goals, policies and
objectives of the Comprehensive Plan and furthers the purposes of the Community
Development Code and other City ordinances and actions designed to implement
the Plan.
The proposed plan amendment is consistent with the following goals, policies and
objectives ofthe Comprehensive Plan:
A.6.2 Objective — The City of Clearwater shall continue to support innovative planned
development and mixed land use development techniques in order to promote infill
development that is consistent and compatible with the surrounding environment.
A.6.2.1 Policy - On a continuing basis, the Community Development Code and the site
plan approval process shall be utilized in promoting infill development and/or planned
developments that are compatible.
A.2 Goal — a sufficient variety and amount of future land use categories shall be provided
to accommodate public demand and promote infill development.
A.4.1.1 Policy - No new development or redevelopment will be permitted which causes
the level of City services (roads, recreation and open space, water, sewage treatment,
garbage collection, and drainage) to fall below minimum acceptable levels. However,
development orders may be phased or otherwise modified consistent with provisions of
the concurrency management system to allow services to be upgraded concurrently with
the impacts of development.
The proposed use of this property as a non-residential off-street parking facility is
consistent with the uses allowed as part of a Level Two Flexible Development use in the
LMDR and MDR zoning districts as outlined in the Community Development Code.
2. The available uses to which the property may be put are appropriate to the property
which is subject to the proposed amendment and compatible with existing and
planned uses in the area.
The parking lot will include generous setbacks and a 25 foot landscape buffer along the
southern property boundary. The substantial setbacks and buffer complement the
surrounding existing and planned area, which is predominantly Recreation/Open Space to
the south and east owned by the City of Clearwater, with residential areas to the north,
and the previously approved parking lot and dealership to the west.
3. The amendment does not conflict with the needs and character of the neighborhood
and the city.
The proposed use does not conflict with the needs and character of the neighborhood or
the City. The corresponding Development Agreement will ensure protection and
compatibility with the surrounding neighborhood and preservation area by assuring
continuation of the proposed use as shown on the site plan, which includes cross access
from the adjacent dealership parcel, rather than from tlle adjacent local roads.
4. The amendment will not adversely or unreasonably affect the use of other property
in the area.
The substantial buffer, along with other measures shown on the site plan and agreed to in
the Development Agreement ensure that the parking lot will blend seamlessly into the
surrounding area.
5. The amendment will not adversely burden public facilities, including the traffic-
carrying capacities of streets, in an unreasonably or disproportionate manner.
The proposed non-residential off-street parking use will not impact any public facilities.
6. The district boundaries are appropriately drawn with due regard to locations and
classifications of streets, ownership lines, existing improvements and the natural
environment.
The Subject Property is proposed for Rezoning to LMDR for Lots 10-14 and MDR for
Lots 15-23. The LMDR designation continues the LMDR designation of the dealership
and parking lot to the west, and the MDR designation and preservation for future
residential use meets the existing and planned intent for the site and surrounding
residential lots/preservation area, while still allowing the proposed use.
ss9s9s9��
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Prepsred by end Return to:
Franlc 1. Rief, ilt, FBN: i20534
Rief & Suaske
P.O. Box ] 623
Tampa. FL 33601-1823
(813)25&-Gb60
"This instrument prepared withnu�
the benefit af a title search
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02-484505 DEC-27-0002 11;39pn
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i(ARLEE�! F, � BL�(ET�r GLERK �' COURT
PIt�LLAS �UUHTY� �LOf'IllA
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.�__. _ SPECIAL WARRANTY DEEI�,�"-'� � ,=_� �
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;.����-_ This SP,�CIAL WARRANTY DEED, is made and delivered as�a€this r� da� of
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.� 1 ��� b�rC.. , 2002, by and between RICHAc� R. DIMMTTI', whose znaiiing address
�,,�.,;€�•�� is 25191 U.S. Highway 19 North, Clearwater, �L 3376�;�102, �s;Grantor, and LA SALLE
:.,; � -`—' REALTY, LLC, a Florida Limited I.iability Comp�i�j� �thos�,traaiting address is 25191 U.S. 19
�'t� North, Cleatwater, FL 33763-2102, as Grantee, (Ai��re%reii�es'Co the parties herein shail include
their heirs, personal representatives, successors; �n�i as�.i�xfs; and when applicable the singular sllall
include the plural, and the masculine shall,itxcl}�de�x�� f�r�iinzne and neuter.)
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WITNESSETH: That Grantar, f`pr, and in ��mnsideration of the sum of $10, and other good
and vaIuable considerations, in ha,n�t;paic�, i��ce�pt,of which is hereby aclu�owIedged, has granted,
bargained, and sold, and by these�'reser�SS do�sgrant, bargain, and sell unto Grantee, the following
described real property (land�rtd ir�p�rov�ments) in Pinellas County, Florida, legally described as
follows: � � �
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REAL P�pP;FRTYb'ESCRIBED ON EXHIBIT "A" ATTACHED
H��2E�'O`�`�D MAD� A PART HEREOF.
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TH�'�?RQPER�I�S ARE NOT HOMESTEAD PROPERTY OF THE GRANTOR.
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,�`. 3;U-HA���AND TO HOLD the property, with all improvements thereon, unto tlie Grantee
in`f�e,sii'raple forever, AND Grai�tar does hereby covenant with Grantee that said property is free
. from �n. lian� and encuznbrances, except ti�at certain mortgage of recnrd, and all easements,
'�;z�eservat3o�s, restrictive covenants, (except that this provision shall not sezve to re-impose the same)
a.rt�ass�s�ments ofrecord, zoning laws, and all taxes and assessrrzents for the current and subseqaent
year's.- "
AND Grantor daes hereby fully warrant the title to said real property, and will defend the
same against tha lawful claims of all persons claiming by and thraugh Grantor.
{Signature and acknowledgment page foIlows.}
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The foregaing instrument was acluw�lect��d b�fore me this
2002, by RICHARD DIMMITT, wi7o is pe�sd�ally kno
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""�day of December,
to me qr�t� produced
t Name:
ary Public, St e af Fl
Comm[ssion Expires:
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Lots 1$ to 23, inclusive, in Block 14, Unit No, 1, SecEion A, of CHAUTAi,JS�U�4,'a�.COrding
to the map or plat thareof cecorded in Plat Book 9, page 52 of tl�e Public Records'o�f`Pinetias.�ounty,
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Parcel I.D. No. 32/28/16/14922/014J0160 � ; �,'`,
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Loi 25, Iess the West 17 feet thereof, and all of Lot �4;.in Blo�k 14, Unit No. 1, Section A,
of CHAUTAUQUA, according to the map or piat ther��f,as rec�r�ed'irt Plat Book 9, page 52, Public
Records of Pinellas County, �lorida. �� �, �', �'
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Lots 1 through S and 25 tl}roiigh'�2� BYasl�36, CHAUTAUQUA Subdivision, Unit l, Section
A as recorded in the Public Re�ords.of Pi�e��as County, Florida.
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Lots 1Q;through �3,, inclusive, Block 35, Unit No. 3, SecEion A, of CHAUTAUQUA ON
THE LAK�= accQrding tr5,k�he �nap of plat thereof as recorded in Plat Book 9, page 146 of the Public
Records of Pi�8d1a��Gennty, �lorida.
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` ;�, �el I.D:1�o. 32/28/16/J.4940/035/0100
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��'�,_,���� 32/28/16/14944/035/0130
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OF�'.REC.BK 12437 PG 776
EXHIBIT "A"
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Lots 1 to 9 inciusive and Lots 24 to 32 inclusive, Biock 35, CHAUTAUQUA "OId�F� ��,
LAKE" Unit Na, 3, Section A, according to the plat thereof recorded in Plat Book 9, E2,ga,T�ib of ��,v,
the Public Records of Pinellas County, Florida. �;`< ,;,'
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fJFf= , �,I�C . T{K 8U4.1 f'G 6�
ORDINANCE N0. 5266-a2
AN ORQINANCE UF TFlC CITY OF CI.EARWATER, FLORIDA,
VACA7ING PORTIONS Of FIFTIi AV�NUL SOUT1� AND CEIAUTAUQUA
hV["P�UE (fORMERLY h1AIN STftE£T), LY1NG 1�ITHIN SEC7ION 32,
TQI�INSHIP 28 SOUTii, RANCE 16 EAST, SURJCC7 TO CERTAIN ,
IJA7ER AI;�J SCIJER EASEM[NTS RETAINED BY THE CITY; __
. ..__.�. P120V1QING nN EF'"ECTIVE DATE. '
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iJFIL'RCAS, it lias i�ec�i requestecl by Dinunitt Chevrolet, inc., Larry Dimmitk'�;� ,,�,%
Cadillac, Inc. and l�icliard R. Dimmitt (the DimmiLtsJ, owners ot certain reaT��`,,,,�
property located in the City of Clearwater, that the City vacate the righ�s-�of-, �,
way described herein; �ind ���' ��� � �
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4JHEREAS, the City Comrnission finds that said right-of-ways �t",e not ;,'
necessary for municipal use and it is deemed to be to the best in,tere�t�pf.,the ,',�
City and the gener<zl public that the same be vacated; notiv, ther�`fo're; ,=�
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f3E IT ORDAINED BY TliE CITY COMMISS[ON OF THE CTTY��\OF `; ;
CLEAR4JATER, fLOR10A: � �� ' '
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Section 1. 7he portions of the right-of-way o� Fifth Avenue South and
Chautauqua Avenue (formerly htain Street) as shosvn on tKe��lats of Chautauqua Unit
No. 1, SecCion A, and Chautauqua Unit No. 3, Section A,�,sU,bdivi�)ons (recorded
at Plat 13ook 9, Pages 52 and 146, respectiveiy; �af the� i�ff i�ial Records of
Pinellas County, �lorid��), as rnore particularly �s3�cr�`Ued �i���XI17b1t5 A and B
�+ttached hereto +vill be vacated, closed and reieasvd�,�nd�th� City of Clearwater
will quitclaiui and release all of its rrg�r�, t��`Ele and interesi; theret�,
contingent upon tht� following condition�-i+�.arcarda�iae with Paragraph 8 of the
agreement between the City and the Dimni�'t'ts' date� �u`pe 10, 1992, regarding the
subject vacation and tfie paving ancl�,f-ealign�ue�fi�,�sf Third F�venue South (the
"Agi-eeinent": �� `, � �
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�a) Dimmitt executing,tt►e `l�eg�i��o�givents as set farth in Paragraphs 2
and 3 of tfie Agreement and de,Yiverirrg��aid docurnenls in escrow as provided in
�Paragraph 7 af the Agreemer�'t<< �.�.
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w�'~, (b) Pinellas Ceu�fty's'y�� ation of Fourth Avenue South and acceptance of
� ri°the proposed realigr�n�nt oi°xhird��lvenue Soutti; and
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(c) 7he,�f�u,d��(iv� mie South road improvements and realigrnnent between
� � w_,,, U. S. 19 and CKarrf�ut�ua,A�ee��ue being constructed, completed and accepted by the
�, �� "- City of Clear,tv,�ter and `�thc���appropriate regulatory agencies which have issued
� � b w constructipn pe�rmits. ;�
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v-�--� Section� 2:�� _�t"te��City of Clearwater reserves a 20-foot sanitary sewer
°� Paseurent-aC�d`a�,15-foot water easement over the property, each centered over
_, exasf�n��s�i��r�,sewer and water lines, respectiveiy.
c� � `, �'
��� ec`ki n 3. The City Clerk shall record this ortlinance in the public
�"� recor�$�of ine)las County, Florida, following compliance witl� the contingencies
��,s,et forjtlj in Section 1 above. The recording by tl�e City Clerk of this ordinance
�iiall,tr�'conclusive evidence o# the full satisfaction of all of the contingencies
set�for`th in Section I above,
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LEGAL DESCRJPTION: �IH7H AVENUE SOUTiI
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�IN�L�AS L'�UNTY FLA.
OfF.f;LC.L+K 13041 fG 68
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A tract of land lying wiL.iin Section 3?, Township 2£i South, Range 16 East,,--�
Pinellas County, F.lorida, and being mare particularly described as follows: ,�,� "�`,
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Commence st ti�e SouLh�•rest corner of said 5ection 32, tlience along the West lin���,','
af said Section 32, N 00°OQ'SE3" �, for 1,162.a4 feet; tfience leaving said�iTnc `. �
S B9°5II' 25" C, for 100.OQ feeC to tl�e interseclion of tf�e East r3ght-of��i�y li�e�� ��,�,
of U. S. Ili�f�way 19, as it; now exists and the Nortli line af a Flor�i�a Powet`, � `'
Corporation rigf�t-of-way, as recarded in Deed �ook 1516, Pa9e 5b], of t'h� public�;
records of pinellas County, Florida; thence along saici North lit�e�;N E!�°'Sf3'2�sr,'
E, for 55f3,4d feet to tl�e Soutl�west corner of City ot Clearwa��r property,-a�
recarded in Official Record l3ook 5495, Page 1208, tlie same fi¢rner b�4nc� the
Southeast corner of a vacated right-of-way (Main Street ric�ht-oFLw�y) as r'ecorded
in Official Record pook G037, Page 2p33, both recorded in the p�rkri���'�'�rds of
Pinellas Caunty, Florida; thence along the East line of said vacated-right-of� '
way, the same heing the West line of said City��of Clearwdter property, I
N 0�°O1'50" la, for 100.Op feet to tlie POIP�T OF 8EGINNjNG, said point also being
tlie Nortiiwest corner of said City of Clearwater ropert.y;.tlien�e continue along
the East 1 ine of said vacated right-of-way, N OtY°�'1�50" 41;��pr -60.00 feet to the
Sout}iwest corner of Dlnck 35, as sl�own on tR�����a���f`JJflit No. 3-Sec. A-
Chautauqua "on the lake," as recorded in Paat E3o�o�,�;`'P-age 1�16, of the public
records of Pinellas County, florida; thenc�.�.long���t�e $outh line of said 131ock
35, i:he same being tfie Norti� right-of;wd�*;lii��qf F1,fti� Avenue South, as shown
on said Plit of Unit No. 3-Sec. A-CI��'w�aui�ua "oq�th� lake," 5 84°56'25" E, for
79$.40 feet to the 1•tesi right-of-way�� iine of ��ke�hore Or'ive, as shown on said
Plat of Unit tVo. 3-Sec. A-Chautauqu�t "on thy� lake," also being a point of
intersection witf� a non-tangent,c�,rve�GONEave�tcn tfie Northeast; thence along said
1�test rigl�t-of-way line, Sout}terly�,alortca-_t3ie' arc af said curve witti a radial
bearing N 70°33'19" l', and-}}�vinc� a��adius of 2h0.00 feet a central angle of
i6°12'51", an ar-c length �fi;67..�J�' fee�;,nnd a chord bearing 5 27°33'07° E, for
67.G9 feet to the point�af 'ui't�ersectian with a non-tangent line, the same being
the North line of sai�1����ty of��i�arwater property; thenCe along said North line,
niso bcing tlie Sout1Y�'i��lit�of-ti•rqy`,line of Fifth Avenue Sout}ti, N a9°5II'25" 4J, for
f329.Gf3 Yeet to Lhe PO1WJ�,(�i aCGItiNING.
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L[GAL OESCR[PTION: PURTIUN OF F1Afta STIt[L7
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F'7NELLAS COUNTY FLA.
OF1=.f,EC.I�h 80h1 F'G i0
A tract of land lying within 5ection 32, Township 2f3 South, Range 16 Cast, �-
!'inellas County, floricEa, tncl beii�g more particular•ly described as follows: -
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Cammence at tf�e Northwest corncr af the Southwest 1/4 of said Section 32; thence�� :, ;�,'
along the 4Jest line of said Soutf�4aest 1/�l, S 00°00;58" W, for a60.50 feet; thence `, �,�.'
leaving said 1•Jest line 5 89°3�1'50" E, far 100.00 feet to tl�e intersection o,6't11'e'� �
East right-of-w��y 1 ine of U. S. HicJh+vay 19, as it nov� exists and the South,r,'rght= �, �� ��, ,
of-way 1 ine of Third Avenue Soutli, as sl�own on the Plat of Unit No. 1-5�c. A- �, �
Chautauqua "on the lake," as recorded in Plat Qook 9, Page 52, of the��Pabltc ;�
recards of Pinellas County, Florida; thence along said line, S B9,°�'D7" �'�Qr .;,'
537.05 feeC to tl�e f�01�1T OF Qf:GItJNING; titence S 89°57'07" E, for� 29.76 fee�t;-'
tlience N 00°05'�17" W, for 21.26 feet; tt�ence S 89°52'11" E, for 29�7,3 feet €o�the
East right-of-�vay ]ine of P1ain Strect, as shown on the Plat of sa`jd,Unit t�o� 1-
Sec. A-ChauCauqua "on the lake," saicl point being S 00°09'4�° E, S:.OS�feet,'from
the Northvrest corner of alock 3b of the said Plat of Unit No. 1-Sec. A=i#�aarauqua
"on the lake;" thence along the East ri9ht-of-way line,qf said hlain Street, the
same Ueing tlie 1�Iest line of said Dlock 3G, S 00°49'hn" �,`for 259.39 feet to the
Sauth ric�ht-of-��ay line of fourCh l+venue 5outh, as shown orl�he ���t of Unit No.
3-Sec. A-Chautauqua "o�� the ia1:e," as recordecl inCP�TJ�. 600k�,�T,.�f?age 1n6, of the
pu�lic records of Pinellas County, Florid��; thence�,a�a�� tt�e'Sduth rigiit-of-way
lizie of said Fourth llvenue South, tiie same b,e�ng tt�e�Wqrflr Yine of Eilock 35 of
said Plat of Unit No. 3-Sec. A-Chaulauqua��'�c�r� tt�e; lake" and the westerly
extension tliereof, N 49°46'42" i�l, for 64:8Cs�ee��i;o �fl�e East line of a vacated
right-of-�vay (a portion of t�fain Stree,C,�rigl�t-of`�v��r �'as recorded in dfficial
Record Qook 6Q37, Page 2033, of tfie pi��iic recoa-�s o� Pinellas County, Florida;
thence along the [ast iine of said y��ca�ed right;o�-way and the West right-af-way
tine of 14ain Street of said Pla�, �f,�Vjni��t�o. ���ec, A-Cliautauqua "on the lake"
t7 00°Oi'50" t•�, for 237,49 feet,t,d ttle`ROIY�T �G'QEG1NIiING.
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Exhibit B
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