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FLD2004-05041 CL W CoverSheet FLD2004-05041 37 CAUSEWAY BLVD Date Received: OS/26/2004 CRABBY BILL'S ZONING DISTRICT: T LAND USE: RFH ATLAS PAGE: 267A PLANNER OF RECORD: WW .. ......... ".- - Clearwater ~ ~ Aal'V'llOd Oepattme It 100 South Myrtle Avenue ClealWater, florida 33756 Telephone n7-562-4567 Fax 727-562-4865 CASE it L DATE RECEIVED RECEIVE 0 BY (staff 1mbals) ATLAS PAGE j ZONING DISTRICT LAND USE CLASSIFICATION SURROUNDING USES OF ADJACENT PROPERTIES NORTH SOUTH WEST [J SUBMrr ORkOilNAL SkOiNED AND NOTARIZEDAPPucAnJN o SUBMrr 14 COPlES OF THE ORkOilNAl APPucATlON n:lxl~ 1) collated. 2) stapled and 3) lolded sels of slle plans o SUBMrr APPLICATION FEE S II< NOTE 15 TOTAl SETS Of INFORMATION REQUiRED (APPl..CATk)NS PLUS SITE PlAN SETS) FLEXIBLE DEVELOPMENT APPLICA TIOQ RIG I N A L (RevisOO 2/0212001) - PLEASE TYPE OR PRINT- A. APPLICANT. PROPERTY OWNER AND AGENT INFORMATION. (Code Section 4-202A) APPllCANTNAME Cl p-i'.lrw?ltF!r RF!ar.h Spitfoon ('0 f)RA f'rPlhhy Hi 11 I!,: ("1 PrlrWrttpr Beach, Flor~da MAIUNGADDRESS 37 Ca Uswa y 81 vd. Clearwa ter. FI 33767 PHONE NUMBER 4 3 2 - 7 4 3 0 FAX NUMBER 596 - 3258 PROPERTYOWNER(S) Cl tv of CIearwa ter (M ulilll1clude AU ownetli liS llslEld 011 the dead - piQ\llde Onglnal &lgnalure{s) On pail" 6) AGENT NAME Fowler ASSOC1?1tF!S Arr.hltpr.ts. Tnr.. . MAIUNGADDRESS 1 421 Court Stree t 1 Su 1 te 0, C 1 ea rwa ter, FI 33756 449-2021 PHONE NUMBER FAX NUMBER 447-5339 CElL NUMBER N/A E-MAIL ADDRESS fowlerarch@aol.com B PROPOSED DEVELOPMENT INFORMATION (Code Section 4-202.A) 37 Causway Blvd., Clearwater, F133767 See Attached STR EET ADDRESS of sub,ed &lie LEGAl DESCRiP'fK)N PARCEl NUMBER (~ noll.sled here ~eau nala tha lol'illlOo or th.a document III tha au bm otla I) PARcel SIZE 6,000 s.f. (0.14 Ac.) (i1cres, square feel) PROPOSED USE(S) AND SIZE(S) EXIst. 4 I 262 sf I 2 story restaurant wI outdoor seatir g (number 01 dwelling unrtll. holel rooms or &quare footage or nonresldenllal use) DESCRIPfONClFREQUEST{S)'. To construct F.I f?lhrl C itWnl ng ovpr thF! f'!xi st 1 nl} outdoor seatIng area. Page 1 of 6 - FJ'lIuble Development AppllC8tlOn- CIty of Clearwllter Anael> sheets aod ba .~c when idanlitylng \h.. 'equ..st (lnclud.. aU requesled code d.....abons a 9 leduCIJon In reQuired number or parl<rng spaces, specmc use alc' 2.To reduce the front (north) setback from 151 to 01 @ awning. _~~ To zeduce th~ slde setback (west) from 101 to 41 @ awn1ng. DOES THIS APPlICATION INV<X.VE mE TRANSFER OF DEva.oPMENT RIGHTS (TOR) A PREVlOUSl Y APPRO\IED PlANNED UNIT DEVEl.OPMENT, OR A PREVIOUSLY APPROVED (CERTIFIED) SITE PlAN? YES _ NO _ (rf yes, a11ad1 a ropy ci lhe applicable documents) C PROOF OF OWNERSHIP (Code SectIon 4-202.A 5) Q SUBMIT A COPY OF mE TITlE lNSUfW.ICE POLICY, DEED TO mE PROPERTY OR SIGN AFFIDAVIT ATTESTING OVVNERSHLP (see page 6) D_ WRITTEN SUBMITTAL REQUIREMENTS (Code Secbon 3-913.A) Q A"ovlde complete responses to the SI)( (6) GENERAL APPliCABILITY CRlTERIA- ExplaIn!:J.m!. each crllena IS actuevad, In detail The proposed development of the land Will be In harmony With the scale, bulk, coverage, density and character of adjacent properties In which l\ IS located The reduct10n of setbacks will allow for a more dramatlc sett1ng for the outdoor seat1ng and be 1n harmony w1th "Beach by Des1gn" pr1nc1pals of encouraglng outdoor cafe act1v1t1es. 2 The proposed development Will not hinder or discourage the appropnate developmenl and use of edlacenlland and bUildings or SlgnlficanUy Impair the value thereof __________ Th1S~mprovement Wlll not hlnder. but rather encourage adJacent propert1es to redevelop and take advantage of the 1ncreased pedestr1an traff1c. The reduced setbacks w1ll also encourage peaes-c- ------F-:1.--an---v-~_bH-H y f rom-----au-t-Gmob-lo-l e tr a f fl. c; ent.J.~_pe.o.pl.e.....to-.lerl VP. 3 ~~folios~~oJihl!fJr~~~t.adverSely affectlhe health or safety or persons reSiding or wonung In Ihe nSlghborf100d oftha proposed U~ ThlS proposed 1mprovement w1ll not adversly affect the health of of the resldents or people work1ng there, ln fact 1t wl11 prov1de addlt10nal protectlon from the sun. 4 The proposed developmenlls designed to minimize Iraffic COilgeslJon Th is 1mprovemen t wi 11 prov1de ------ addlt10nal areas for customers to spend additional tlme for dinlng and therefore reduce the number of trlps reduclng trafflc congestlon 5 The proposed development IS conslslent Wlththe community character of the Immedlale VICInity of Ihe parcel ploposad for development The add1tion of th1S awn1ng 1S 1n keeplng wlth the ne1ghborhood character of "Beach by Deslgn" and wlll encourage addl.tional sldE!'- walk cafe operatlons. 6 The deSign of the proposed development minimIZeS adverse effects, Including visual, acouslJc and olfactory and hours of operation Impacts, onadJaoenl properties ThlS 1mprovement has m1n1mal v1sual, acoust1c and no olfactory-~m~a~t on adlacent_2roperties. Page 2 of 6 - FleXible Development Apphcatlon- City of Clearwater OR\GiNAl SECTION 2-803 J 1. LOT AREA AND WIDTH There are no reductions to the lot width or area requested m this application 2. LOCA nON: No additional access to major arterial streets IS requested. All eXlstmg parking and dnves are to remam 3 HEIGHT. No Increase to the existing building height is bemg requested 4 SIGNS' All SignS are existing and are to remain No additional SignS are requested. 5. SETBACKS. a. The reduction of the front setback WIll allow for cafe seatIng to be placed closer to the existing sidewalks and create a more active street life b. The reduced front setback WIll allow the Installation of the aWlllng of a scale that wIll create a new fa~ade for the structure and Improve the appearance of the property c. The reductIon of the side yard wIll allow for cafe seatmg to be closer to the eXIsting sidewalks and enhance the street hfe No reduction to the rear set back IS requested. d The reduced Side setback will allow the installation of the awning of a scale that WIll create a new fayade for the structure and Improve the appearance of the property 6. OFF-STREET PARKING: a The proposed awrung structure is the proVide protection for the eXIsting outdoor seating areas and no additional seats will be Installed and therefore no additIonal parking will be required. b. This is not a fast food operatIon, however take-out orders are a part of the menu and therefore some patrons will not requIre parkmg as they wIll be already be staymg in one of the nearby hotels c Adequate parking IS eXIsting In either the Pier 60 lot or in the manna parking areas. 7 DESIGN: The design of the awmng is simple and straight forward and will encourage a leisure beach life style while proViding protectIOn from the birds and unpleasant weather. Due to the low profile and scale it IS felt that the color should be in keepmg with the manna's color palette rather than that of the Beach By DeSign guidelines. However, should the Commumty Development Board request a different color, or color theme, this would be accepted. a Provide complete respon6es to the applicable f1exlbllJty cnlena lor the speCIfic land U5e asll$ted In each Zomng DI6lnd to wtllch the waive, IS reque61ed (use 6eparale sheets as necessary)- ExplaJn how each crrtena IS achieved, ltl detaIl A reduction of the front setback to O' from the lease line, (81_211 fron the s~dewalk) to prov~de for the ~nstallation of an awn1n OR\G\NAL E STORMWATER PLAN SUBMITTAL REQUIREMENTS; (City ot Clearwater Design Cnterla Manual and 4-202 A 21) a N / A STORMWATER PLAN 11Ch.K1lng II1e klIlowlOg req~remerts _ Ext6tlng topography extending 50 leel beyond aU property lInes, Proposed grading mcluamg nmshed floor elevatllH\lI 01 all 6lruclures, All adjacent 6lreets and mumclpal storm .ystell18, Proposed stormwater detenllon/relentlon area ltlCluchng top of bank, toe ol6klpe and outlet control6tr\JCture, Slormwate' calculaoons lor anenuabon and waler quallly, SlQnature 01 Flonda regllitered Proresslonal Engineer on al plans and calclJabons a N I A COP'( OF PERMIT INQUIRY lETTER OR SOt.JTlMEST FLORlO'. II'Q\.TER MNl.PGEMENT DSTRCT ~D) PERMIT SUBMITTAl. (SWFWMD approval III reqult'ed pIlor to I6WaI'lCe of Crty Bwldlng Permit), II applicable F SUPPLEMENTAL SUBMITTAL REQUIREMENTS (Code Section 4-202.A) I:X SIGNED AND SEAlED SURVEY (Including legal dellCtlpllon 01 property)- One orlgmal and 14 caple., lfj / ~EE SURVEY (Including eXisting treell on slle and ....,thln 25' or the adjacent lII\e, by specie II, sIZe (DBH 4" or grealer), and location, ItICludang dnp lines and IOdlcallng treelllo be removed) - please dSSlgn around the eXIsting trees, o L.CCATlON M.AP Of TIiE PROPERTY, ~ / rf-RKING DEMAND STUDY In cooJunctlon WIth a request to make devlatxJrlS to the pasiung standards (Ie Reduce rllmber of spaces) Poor to the s.ubrmttal of thls appllcatson the methodology of such sl.udy shall be approved by the Commurlty Development Coordlnato, and shall be In accotdance WIth accepted traffic englneenng pnOClples The fir'\<Jmgs of the study WIll be used in determlnmg whether or not deViations to tha paoor19 standards life approved, qJ:J / ARADING PLAN, as appbcable, all / MEUMINARY PLAT, as reqult'ed (Note &.IlcIhg pemvtll WIll not be lS6l.Ed unlJl e'iKlence 0' recording a final plat Ie provided), ~ / fiPPY OF RECORDED PLAT, as applscable. G SITE PLAN SUBMITTAL REQUIREMENTS. (Section 4-202.A) a SITE PLAN wlIh lhe Iollowlng Intlrmatxm (nollo exceed 24' x 36") All dlffien6Jotlll, North arrow, EnglneeOng bar scale (mJnlmum scale one mc.h equals 50 feet), and dale prepared, location map ill A Index sheel referencing IndIVKiual sheelB Included ItI package. Footpnnl and aile or all EXISTING budchnga and stru:tL:l'elI, Footpnnt and aile 01 all PROPOSED bllktlTlgll and IItruclL:l'81l, Page 3 or 6 - f1elllble Development AppllClltsOf1- City of Clearwater 1-. 7: ~ ....L. x iliA ..L ....L i.. L i'tlh A -1::.. All required setbacka, All eXlllbng arw:l proposed pOlnta of accell$, All reqUIred 61llht lna1191e6. IdenlllicallOn 01 envHlmmentaUy uruque areOla, such Ole watercour&ee, wetlarw:ls, lree ma6sea, arw:l specimen lreea, Including deSCllplJon arw:llocalJon of understory. ground cover vegetalJon and WIldlife habrtata, etc, Locabon 01 all poollC and pnvale easemenla, locabon 01 all &treel nghta-of-way wrIhln and adjacenllo the aile, LocatIOn of eXl6lJng public and pnvate uIillllea, including fire hydrants, &torm arw:l wnrtary sewer tllleS. manholel and 11ft Btallom, gaa and water lines, All parlung apacea, dnvewaye, 1000dlng areal and vehICular use areal, DepICtIOn by 6I1adlng or croll$halchlflll of aU reqUIred parlol19 Iollnlenor Iand6Caped areal, location 01 all 60bd walile cortalllelll, recyctlng or lra6h handling areal and out6lde mechamcal equipment and IlIl required 8Cteenlng (per SeclJon 3-201 (D)Q) and Index '70l}, LocatIOn of alland6Cape malenal, location of all onBrle and oH6.1le atormwalet management faCllrlJel, Location 01 all outdoor llllhtlng fixturel, and LocatIOn 01 all exlStmg and propeaed Illdewalke lJ SITE DATA TABLE lor exl6tlllg, reqUIted, and proposed developmenl. In wnUenltabular Iorm land area In aquare feel and acre6, Number 01 EXISTING dweUlnglnla, Number of PROPOSED d'wel~ng lnIa, ~. .. Parking epaC8f> lDlaI number, presented In tabular form wrth lhe number 01 required 8pacea, Total paved area, Including all paved parking apacea and dnveways, expre66ed In 8quare feel and percentage of the paved vehicular area, SIZe and 6peC1es of alllandacape malenal, OffiCial recorda book arw:l page lll.lmberll 01 aU exlslJng ublrty easement, BUlldmg and 8lruc1ura helQhl.6, Impermeable 8urface ratio (I S R ), and Floor area ratio (F A R ) for all nonresldenlJal usea 'lA REDUCE D SITE PLAN to rocale (8 'It X 11) and color reodemg If P066lble, a FOR DEVELOPMENTS OJIR ONE .ACRE, provide the IolloWlng adaibonaJ mformatlon on site plan N /4 One-loot contours or apot elevallona on &de. Othilte elevattonall required 10 evaluate the propelled liIormwater mal'lagement br the parcel, An open 8pace areOla, Locallon of all earth or water retaining walls and earth berma, Lot lines and bulldng lines (dmenalOned), 6Ulldmg and .trucluralllelbackii (almen6lOned), Struclural overhang6, Tree Inventory, prepared by a 'certlfied arbonar, of alllrees 8' DBH or greater, renecllng IlZe, canopy (drip Unaa) and condrtlon 0' such Irees H LANDSCAPING PLAN SUBMITTAL REQUIREMENTS ~ ad~~landscap1ng mater1al All eXl611ng and proposed 6tructures, Names of abutting Ilreetl, Drainage and retentton areas InCluding awale., 6lde r.Iopes and bottom e1evatlonl, Delineation and dlmel16tollll of aU required penmeter Iand6Cape buffers Sill ht v 16tb Ilrty lI1ang 1e8, Dellneabon and dlmenSIOn8 of all parking area8 Including landocaplng I61anda and curbing, Propoaea and required parlung .paces. EXlllImg trees on-&de and J'flmealately adjacenllo the 6lte, by 6peelea. 6tze and IocahonG, llCludmg anplne (a8 indIcated on required ltee survey), Plant achedule with a key (8ymbol or label) IndlCallng the 6tze, de6CtlptlOn, epeclficatlOI16 and quantltlea of all existing and proposed Iandacape matenala, IOOujlng botanICal and common name., Location, alZe, and quantities 01 aU exl6bng and proposed Iand6Cape materials, Indicated by a key relaling 10 the planlachedule, Typlcal planbng detal16 lot tree8 palma, 6hruba and groUlld cover planta lncludtng mstrucllona. sod mIXe8, bac:kfilUng, mulching and protective meaaure6, Intertor lanaacaplng areOla halched and/or llhaded and labeled and lntenor landscape covelilge, expreNtng In both a.quare foel ana percentage covered (Section 4-1102.A) 1S to be prov1ded. Page 4 of 6 - FleXible Development Appllcauon- City of Clearwater AFFIDAVIT TO AUTHORIZE AGENT: That (I amlwe ate) the owner(s) and record lIt1e holder(s) of the following descnbed property (address or general location) "31 ChJ5\'JAj P.JL-\.IO. 2 That this property conslitutes the property for which a request for a (descnbe request) A \\1 N 1Nt, OV ce tXJ~1 Nt1 Of.Y(CoOQ. 'SEATHJCt ~ E-xb 710 G !2E$fAu E.A.NT 3 That the underSigned (haslhave) appointed and (does/do) appoint ~~W e fD\.\JLEi2. as (hl~agent(s) to execute any petllions or other documents necessary 10 affect such petition, 4 That thIS affidaVIt has been executed to Induce the City of Clearwater, Flonda to consider and ad on the above descnbed property, 6 5 ' That Site VISitS 10 the property are necessary by City reproS8ntabves In order to process thIS apphcabon and the owner aulhonzes CIty representatives to vlsll and photograph the property descnbed In thiS application, ThaI (_). ... .......""'ed a""'only. .....by ~mry lhallh. ....o~. os ~ ~ RIG I N A L Property Owner Property Owner Property Owner Property Owner STATE OF FLORIDA, COUNTY OF PINElLAS y/; Before me the undersigned, an officer duly commISSioned by the laws of the State of Flonda. on /if day of thIS Yl('/lr: , d. 00. ~ personally appeared tJ ILL I A {'(J ~, ;Y)o ~ ~ l "5 who haVing been first duly sworn Oepooe_ and says "al h she fuly .........nd_ ... "'''lenls of'" a_~I"a(hei.!he _..ned / / .~ ~ -~LPCLY} f..-.1l=; Nota ry bile My Coml];\lSfilOl1 Expires -;e.'.....' ~- Catherine Yellin -~ "J;;,' :\ MYCOMMISSIONI OD25471D EXPIRES ~_~,g. J.E Seplember 30. 20D7 -";~;P.f.,r.-:f.',- 60NDED J'tjRU TROY FAIN INSUIlANCEO INt. 5 \Pl8onlng DepartmentlAppllCSf/on Frxm51developmenf reVlewlne"jb/a development spplles/Jon 2003 doc . City of Clearwater Marine and Aviation Department 25 Causway Blvd. Clearwater, FL 33767 7 October 2004 ORIGINAL To Whom It May Concern: This letter is to authonze Stephen R. Fowler of Fowler Associates, Architects, Inc. to act on our behalf as Owners' Representative with regard to our propertY at #37 Causeway Blvd; aka ItCrabby Bill's Restaurant". Very truly yours, ~O~. D~or Marine and Aviation Department S.w-orn--~ subscribed before me this 7 personally known me or has produced nty of PineIlas. day of DrT. , AD, 2004, who is as identification. State of ~<~~ Notary Public "'''''''''''' Catherine Yelhn ~:rA ~~ MY COMMISSION # 00254710 EXPIRES ~ .J!Pks~! September 30, 2007 ~1.?;Rf"fl\~~ IIQNlllIQ THRU lROi' FAIN 1Ii8UiANC~ INC It i II u .. 0.: ..s I- bI 1 r' qJ ~ 4-, - ..- 1 II t- 1 ?'-J 1 r :.Q- 0 7 f) ~-2.JJ"'or- - ~ J ~ .J - ~:J tI u) 0 4 /. 0 ~ ~ N \J t- ~ )- ~ 0 f-: -. aJ ~ .d ..,('1 .J~...l .....~tII - J ooot-r-VlJ.. ?,......o' JILl)'" ~ (') ,. A r . J D' ..) - )0. 1 I ~ -:l_, f~ r'~. IJ.. (1 p'" J \-" 1...., a 0 )~...:J C ~ n .1 J rn \II 1:J v- oJ u 4 _ - of1tf 1 r -:z ..J p II - J"~ ~ 0 ..l t. at .... 0 . t-w 0 p ~ J t-r J. J I J P J C --J 1 ~ - t'-Jl),) "'OQ~'lJ. Q >>I~~ ll.J'J JI1IO ,.. J 1 0 611 b ~ --"1 .. r ., p: 11- 't t1 "" ~ J- uJ I!" U~ ~ JOll-Z \J- IJ,.I 0 u.I 1: t41 b' ~lL- 0 1::~ 1 fJ~_ j ~ ClJ'tJ ~llZ 1 fI.1 0 tfI ~ - P 1- ...J ; tI ~ J - "J- J ~i I ".. C\i 1 ~ 0 I- ~ ",. W., 4 cr. . .. 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"II I ~ 'l:: 'i: ~'/ /~ I'////////h ~ J fvr { t 1- JV LEASE AGREEMENT THIS LEASE AGREEMENT, made and entered Into this :J;:..--ti3 day of ~ 2000, by and between the CITY OF CLEARWATER, FLORIDA, a municipal corporatIon, Post Office Box 4748, Clearwater, Florida 33758, hereinafter referred to as "lessor" and CLEARWATER BEACH SEAFOOD, INC, a Florida corporation, d/b/a Crabby Bill's Clearwater Beach Restaurant, 37 Causeway Boulevard, Clearwater, Florida 33767, hereinafter referred to as "Lessee", WITNESSETH: WHEREAS, Lessor IS the owner of the fee simple title to the area desCribed In ExhIbit A and hereinafter referred to as the "Premises", and WHEREAS, Lessor IS Willing to lease to Lessee the Premises "as IS", for a full service restaurant under the terms and conditions In thiS Lease Agreement; NOW, THEREFORE, IT IS MUTUAllY AGREED AS FOLLOWS 1 The term of thiS agreement begins on the date of execution and termmates April 30, 2009 As referred to In thIS agreement, an "agreement year" commences on the 1 st day of May of each year and terminates on the 30Ul day of April of the follOWing year dUring the term of thiS agreement 2 The Lessor may cancel thiS agreement at any time by giVing fifteen (15) days prior wntten notice to the Lessee, or any of ItS agents or Its attorney, when in the opinion of the lessor Infenor service IS being offered or the terms of the minimum fmanclal agreement are not bemg met or for any other good and valid reason that In the opinion of the Lessor might detract from Clearwater and IS not In the best Interest of the public Such wntten notice shall state In particular any and all complaints and Lessee RECEIVED OR\G\NAL NOV 1 8 2004 I ) PLANNING DEPARTMENT shall have fifteen (15) days withIn whIch to reasonably correct such complaints to the satisfaction of the City Manager 3 Lessee agrees to make all necessary structural Improvements to the Premises within one year of the date of thiS agreement and agrees to maintain same Lessee agrees that such Improvements shall not exceed One Hundred Thousand and no/100 Dollars ($100,00000) dollars and shall be completed by a licensed contractor and shall comply With all bUilding codes and ordinances Any Improvements above One Hundred Thousand and no/100 Dollars ($100,00000) must be authOrized by the City Lessor, In addition to any other right of termination set forth in thiS agreement, may terminate thIS Lease for any mUnicIpal need as determined by the City Commission on sixty (60) days written notice If Lessor elects to terminate thiS agreement, then Lessee may be reimbursed for those structural Improvements authOrized by the City, subject to the following conditions a Lessee must submIt paid written reports of all improvements wlthm thirty (30) days of completion of saId Improvements Lessor shall have the right to Inspect and approve all Improvements b Lessor will reimburse Lessee on a pro-rata baSIS for such authOrized Improvements The percentage of reimbursement declines on a pro-rata baSIS dUring each agreement year The percentage listed below IS the amount due to the Lessee for structural Improvements authonzed and approved by the City and IS limited to the amounts stated In thIS Lease Agreement unless otherwise modified with the consent of both parties RECEIVED NOV 21 8 2004 ORIGINAL PLANNING DEPARTMENT CITY OF CLEARWATER --" Yea rs Reimbursement of Lessee Improvements Commencement - Apn130, 2001 May 1, 2001 - Apnl 30, 2002 May 1, 2002 - Apnl 30, 2003 May 1, 2003 - April 30, 2004 May 1, 2004 - April 30, 2009 80% of Lessee Improvements 60% of Lessee Improvements 40% of Lessee Improvements 20% of Lessee Improvements 0% of Lessee Improvements c. Any claIm for reImbursement must be approved by the CIty Upon reImbursement, Lessee shall release all claims against Lessor arising out of thIS agreement, and Lessee shall have no further claim on saId Premises 4 The Premises shall be used only for the purpose of conducting the business of a full service restaurant With full liquor bar and servIce. 5 The Lessee hereby covenants and agrees to pay. a A guaranteed minimum rental In equal monthly payments, which WIll be due and payable on the first day of each month, an amount In accordance with the follOWIng schedule Yea rs of Lease Monthlv payments Commencement - April 30, 2001 $7,000 May 1, 2001 - April 3D, 2009 $7,000 plus annual CPI Increase The mInimum rental shall Increase on an annual baSIS beginning on May 1, 2001, based on the US Department of Commerce "National Consumer Price Index" for Urban Consumers, U S City Average, (C P.l -U), which shall be determined by divIding the C P I -U indicator prior to the adjustment date, by the C P.I -U indicator published one (1) year prior to the adjustment date and multIply the resultant number by the minImum rental of the most recent lease period In no event WIll the minimum rental decrease from the most recent lease period RECEIVED ORIGINAL I I ,} I NOV 1 8 2004 ... A A............ ....1"'1"\& nTIt. J11":''' IT b Any amount due from Lessee to Lessor under thIs agreement which IS not paid when due shall bear Interest at ten percent (10%) per month beginning five (5) days after the due date until paid In full c Security depOSit equal to one month's rent 6 The Lessee hereby covenants and agrees to make no unlawful, Improper, or offensive use of the Premises Lessee shall not permit any bUSiness to be operated In or from the PremIses by any conceSSionaire of Lessee without the written consent of Lessor Lessee further covenants and agrees not to assign, pledge, hypothecate, or sublet this agreement In whole or In part without the prior wntten consent of Lessor The consent of Lessor to any assignment, pledging, hypothecating, or subletting shall be at Lessor's sole discretion, and shall not constitute a waiver of the necessity for such consent to any subsequent assignment, pledging, hypothecating, or subletting This paragraph shall be construed to Include a prohibition against any assignment or subletting by operation of law If this agreement IS assigned, or If the Premises or any part thereof are sublet or occupIed by anybody other than Lessee, Lessor may collect rent from the assignee, subtenant or occupant, and apply the net amount collected to the payments to be made herem by Lessee, but no such assignment, subletting, occupancy or collection shall be deemed a waiver of this covenant, or the acceptance of the assignee, subtenant or occupant as tenant, or a release of Lessee from the further performance by Lessee of covenants on the part of Lessee herem contained If at any time dunng the term of this Agreement, any or all of Lessee's Interests are transferred by sale, assignment, bequest, inheritance, operation of law or dispOSItion, I REC~IVED NOV 1 8 200~ PLANNING DEPARTMENT - - - -.. -............... ORIGINAL Lessee shall notrfy Lessor in writing of such transfer and shall provide to Lessor the name, address, financIal statement and business experience resume for the Immediate preceding five (5) years of the proposed assignee ThIs informatIon shall be In writing and shall be received by Lessor no less than thirty (30) days prior to the effective date of such transfer Lessor at its sole discretion shall have the option of accepting the proposed assignee and can charge a reasonable fee to Lessee for processing such request Lessee can request a transfer under thiS provIsion no more than once In an agreement year unless specIfically consented to In writing by Lessor. 7 Lessee agrees that It will promptly pay all ad valorem real property taxes and personal property taxes that may be assessed against the Premises dUring the term of thiS agreement Lessee further agrees that It will pay any state sales tax due on the rental payment made by the Lessee to the Lessor and that it will pay all other taxes, Including but not limited to, occupational license, beverage license, and permits relatIng to the operation of the business conducted on the Premises, which are reqUired by law 8 Lessee hereby covenants and agrees to pay all bills for electrical current, gas, water, heat, refuse collectIOn, and other services to the Premises when due 9 Lessee will use biodegradable matenals whenever feasible 10 Lessee Will provide all equipment and merchandise necessary for the operation of the restaurant In addition, the Lessee will pay all normal day-to-day repair, maintenance, and replacement costs, being certain that any matenal used Will be equal to or better than that onglnally provided 11 Lessee Will be responsible for picking up and disposing of all trash, garbage, and other debns upon or about the Premises or surrounding premises RECE~VED NOV 1 8 2004 ORIGINAL 12 Lessee agrees to Indemnify and hold Lessor and Its employees harmless from and against any and all claims, demands, causes of action or lawsUits of whatever kind or character arising dIrectly or Indirectly out of thiS agreement and/or performance hereof ThiS indemnity clause Includes, but IS not limited to, claims, demands, causes of action or lawsuits for damages or injuries to goods, wares, merchandIse and property and/or for any bodily or personal injury or loss of lIfe In, upon or about the PremIses or the surrounding premIses the Lessee IS reqUired to maintain or which the Lessee uses In connectIon with the busmess operated at, on or from the Premises All personal property, including trade fixtures, In the Premises shall be at the risk of Lessee, and Lessor shall not be liable for any damage to such property arisIng from any cause Including, but not limited to, bursting, leakIng or accidental operatIOn of water or sewer pipes, roof leaks or flooding Lessee agrees to investIgate, handle, provide defense for and defend any such claims, demands, causes of action or lawsUits at ItS sole expense and agrees to bear all other costs and expenses related thereto, even If the claim, demand, cause of action or laWSUit IS groundless, false or fraudulent Lessee shall at hIS own expense purchase or maintain dUring the term of thiS agreement, the Insurance coverages set out below a Property Insurance - (Real property mcludmg Improvements and/or additions) (1) Form - All Risk Coverage (2) Amount of Insurance - The full Insurable value on replacement cost baSIS 6 ORIGINAL -' (3) Flood Insurance - When bUIldings or structures are located within an Identified specIal flood area, flood Insurance must be provIded for the Lessor of the total Insurable value of such bUildings or structures, or, the maximum of flood Insurance coverage avarlable under the National Flood Program (4) The City of Clearwater, as Lessor, shall be named as an additional Insured b BOiler and Machinery Insurance - If the buildings or structure Include bOller(s), pressure vessel(s), and/or aIr conditioning/heating eqUipment, Lessee shall maintain comprehensive Insurance covenng loss on the demised property including llabrllty for damage to property of others. (1) Repair and replacement (2) Amount of Insurance - $1,000,000 per accident (3) The City or Clearwater, as Lessor, shall be named as an addItIOnal Insured c ComprehenSive General Llabllltv - Coverage must be afforded on a form no more restnctlve than the latest edition of the ComprehenSIve General Liability Policy filed by the Insurance Servrces Offices and must Include: (1) M r",mum limits of $1,000,000 per occurrence combined srngle lImits for Boddy InjUry liabIlity, Personal InJUry, and Property Damage liability (2) Premises and/or operations (3) Independent contractors RECEIVED NOV 18 2004 OR\G\NAL (4) Products and/or completed operations (5) Personal injury coverage with employee and contractual exclusions removed, including coverage for liability resulting from the dlspensmg of alcoholic beverages, If Lessee at any time dUring the term of this agreement obtains a license to serve any type of alcoholic beverages (6) The City of Clearwater, as Lessor, shall be named as an addltlonalmsured d Business Auto Policy - Coverage must be afforded on a form no more restrictive than the latest edition of the Business Auto Policy filed by the Insurance Services Office and must mclude (1) Minimum limits of $1,000,000 per occurrence, combined single limits for Bodily Injury Liability and Property Damage Liability (2) Coverage on all vehIcles (owned, hired and non-owned). (3) The City of Clearwater, as Lessor, shall be named as an addltronallnsured e Workers' Compensation - Coverage to apply for all employees for statutory limits In compliance with the applicable State and Federal laws. In addltlon, the poliCY must Include Employers' liability with a limit of $500,000 each aCCident If the self-Insured status of the Lessee IS approved by the State of FlOrida, the Lessor agrees to recogmze and accept same upon proof of such approval In addition, Lessee shall proVide to Lessor tile follOWing RECE\Veo - i NO~ 18 100~ ORIGINAL --' (1) Complete copies of all Insurance policIes required by thIs agreement (2) Not less than thirty (30) days' notIce of cancellation or restrictive modificatIOns of any Insurance policy provIding the coverage required by this agreement 13 If at any time dUring the term of this agreement, the bUildings or PremIses or any part, system, or component thereof, (hereinafter, the "demIsed premises") shall be damaged or destroyed, sard demised premises and any additions or Improvements thereto, shall be promptly repaIred or rebuilt or restored by the Lessee to the condition as good as the same was Immediately prior to such damage or destruction at the Lessee's risk and expense, and In accordance with plans and specifications mutually agreed upon at the tIme, or If none can be agreed upon, then In accordance with the ongmal plans and specificatIons and any subsequent plans and specifIcations for any additions or Improvements constructed prior to the damage The work of restoration or rebUIlding shall be rn full compliance With all Jaws and regulations and government ordmances applicable thereto The Insurance proceeds shall be paid to the Lessor, and such proceeds Will be used for the repaIr or restoration Any cost of repairs or restoration In excess of the Insurance proceeds shall be borne by the Lessee. Any Insurance proceeds In excess of the cost of repairs or restoration shall belong to the Lessee DUring the penod of such damage or destructIon, whether In whole or In part, the monthly guaranteed rent shall abate for no more than 120 days or until commencement of bUSiness, after receipt of all bUIlding permIts, whichever is sooner. RECEIVEDg .. NOV 1 8 2004 ORIGI~,!AL Lessor shall not withhold unreasonably bUildIng permits Lessee applies far and are necessary to repaIr such damage or destructIOn. If the demIsed premrses shall be totally destroyed or so damaged as to render It practlcally useless dunng the term of this agreement, then and In that event, the Lessee may terminate this agreement as of the date of such damage With thIrty (30) days wntten notice to the Lessor In the event of such termination the Insurance proceeds provIded for under thIS agreement shall be pard to the Lessor In the event of such destructIon and except as otherwIse specifically provIded under thiS agreement, both parties waive any and all nghts of recovery against each other for any direct or indirect loss occumng to the demIsed premIses 14 Lessor, at Its option, may exercise anyone of the remedIes proVided In subsectIon f of thiS paragraph, except as otherwIse proVided herein, upon the happening of anyone or more of the following events (Events of Default) a Lessee's default In the payment of any rental or other sums due for a penod of fIve (5) days after the due date, b There shall be flied by or against Lessee In any event pursuant to any statute either of the Untted States or of any state, a petitIOn In bankruptcy or Insolvency or for reorganizatIon or arrangement, or for the apPointment of a receiver or trustee of all or a portion of Lessee's property, or If the Lessee makes an assignment by operations of law, or If Lessee makes application to Lessee's credItors to settle or compound or extend the time for payment of Lessee's obligations, or If execution, seizure, or attachment for a penod of 120 days. FaIlure to remove the levy, seizure or RECEIVED ~~v 1 8 200~ 0 RIG \ N ,A L ,J' PLANNING DEPARTMENT attachment within the 120-day period shall actuate the default provided by this paragraph and the bond posted shall be forfeited c Lessee's vacating or abandoning the Premises, d Lessee's understating gross sales by more than three (3%) percent In sales reports given to Lessor An error occurring by reason of computer malfunction, tYPing, or other similar clerical error shall not be considered a default within the meaning of this paragraph e Lessor, at ItS option, may exercise anyone or more of the following remedies, which shall be cumulattve (1) Terminate Lessee's right to possession under this agreement and reenter and take possession of the Premises, relettlng or attempt to relet shall only Involve a prospecttve tenant capable of providing comparable or better type services, at such rent and under such terms and conditions as Lessor may deem best under the circumstances for the purpose of reducing Lessee's liability, and Lessor shall not be deemed to have thereby accepted a surrender of the Premises, and Lessee shall remain liable for all rents and additional rents due under this agreement and for all damages suffered by Lessor because of Lessee's breach of any of the covenants of this agreement Said damages shall Include, but not be 0 ~ z~ Ww W -r ~~ > c::::I b;:3: c::::I C"'-I ~~ - 00 W ........t O-J U >- (!)u ZLL 0 -0 W :z: z~ ~ ~u Q.. limited to, charges for removal and storage of Lessee's property, remodeling and repairs, leasing, commiSSions and legal fees, and loss of prospective percentage rentals by Lessor Said prospective percentage rents shall be calculated on the basIs of Lessee's gross sales for the 11 ORIGINAL Immediately preceding twelve (12)-month period or for the period, adjusted on an annualized basIs, commencing wIth the first day of this agreement If this agreement has not been In effect for twelve (12) months In addition to ItS remedies hereunder, Lessor may accelerate all fixed rentals due under this agreement, In which event the Lessee shall be liable for all past due rent, accelerated rent and damages as described above, however with respect to the accelerated rent, Lessor shall receive only the present value of such accelerated rent At any time dUring repossession and relettlng pursuant to thIs subsection, Lessor may, by dellvenng wntten notice to Lessee, elect to exercise Its option under the following subsection to accept a surrender of the Premises, terminate and cancel thiS lease, and retake possession and occupancy of the PremIses on behalf of Lessor (2) Declare thiS agreement to be terminated, whereupon the term hereby granted and all right, tItle and Interest of Lessee In the PremIses shall end and Lessor may re-enter upon and take possession of the Premises Such termination shall be Without prejudIce to Lessor's nght to collect from Lessee any rental or additional rental which has accrued pnor to such terminatIon together With all damages, including, but not limited to the loss of prospective percentage rentals suffered by Lessor because of Lessee's breach of any covenant under thIS agreement 3) ExerCise any and all nghts and priVileges that Lessor may have under the laws of the State of FlOrida and/or the United States of Amenca 12 OR/GIN,4L ~v 15 Lessee shall secure prior written approval from Lessor for modifications or remodeling of eXisting facIlities or for the construction of any new facilities, such approval not to be unreasonably Withheld The terms remodeling or modifications as used herein shall Include only those events reqUiring the Issuance of a bUilding permit It is agreed that the eXisting Improvements, together with any Improvements constructed by Lessee dUring the term of this agreement on the demised premises, shall become the property of the Lessor upon the expiration of termination of this agreement, proVided, however, that said reference to Improvements herem contemplates Improvements to the real estate which become a part of the land as dlstmguished from personal property utilized by the Lessee 16 Lessee shall, at his expense, at all times durmg the terms of this agreement keep the Premises and all Improvements and faCIlities thereon in good order, condition, and repair It IS speCifically understood by Lessee that the Lessor has the right to Inspect the PremIses and Improvements at any time to ensure that the Premises and Improvements are Indeed In good order, condition, and repair Upon the termination or eXpiratIOn of thiS agreement, Lessee shall repair any and all damages to the Premises caused by the removal by Lessee of personal property 17 Upon the termination or eXpiration of the agreement for whatever cause, the Lessee shall have the pnvllege at his own expense of removing Its eqUipment, signs, InSignia, and other IndiCia of Its tenancy or use 18 Lessee agrees to Indemnify and save harmless the Lessor by reason of any mechaniC's hen which may be asserted as a claim against the property, and to furnish Lessor a good and suffiCient bond Signed by a reputable bonding company 13 ~~EIVED NOV 1 8 2004 t,.l dOing business In Flonda, which bond shall be In an amount equal to one hundred 100 percent (100%) of the cost of construction of the contemplated Improvements to the demised premises 19 The Lessee hereby covenants and agrees to promptly and continuously comply with all regulations and orders of the Flonda Department of Business and ProfessIOnal Regulation and officers of the local, state, and national governments, and Lessee hereby covenants and agrees to keep, operate, and maintain the restaurant In such a manner as to avoid any warnIngs, vIolations or notices to show cause bemg Issued by any regulatory agency authorized to Inspect the Premises under Florida Statute 509 as It presently eXIsts or as It may be amended In addition, Lessee agrees to fo/Ward to Lessor a copy of each inspection report Issued In accordance With Florida Statute 509 as It presently eXists or as It may be amended Within five (5) days of receiving any such reports 20 Lessor covenants and agrees that upon payment by Lessee of the rents herem proVided, and upon observance and performance by Lessee of all the covenants, terms, and conditions required of the Lessee by the agreement, Lessee shall peaceably and qUietly hold and enJoy the Premises for the term of the agreement Without hindrance or interruption by Lessor 21 Notices hereunder shall be given only by registered letter and shall, unless otherwise expressly proVIded, be deemed given when the letter If deposited In the mall, postage prepaid, addressed to the party for whom Intended at such party's address first herem speCIfied or to such other address as may be substituted therefore RECEIVED 14 ~qv 1 8 2004 n (;1 ~ c: r '" ~ I PlANNING DEPARTMENT ellY OF CLEARWATER Vv --~ by proper notIce hereunder Notice to be provided to Lessor and Lessee as stated below As to Lessor City Attorney's Office CIty of Clearwater Post Office Box 4748 Clearwater, Florida 33758-4748 As to Lessee Clearwater Beach Seafood, Inc 37 Causeway Boulevard Clearwater, Florida 33767 22 No sign of any type will be posted, erected, hung or otherwise placed in view of the general public so as to advertIse any product or IdentIfy the restaurant unless permitted by the CIty of Clearwater Code of Ordinances, as they now eXist or as they may be amended, and unless authorized and approved by the City. 23 Restroom facIlitIes must be kept clean and sanitary at all times and are subject to inspectIon by Lessor No cOIn-operated tOilets or other cOin-operated devices wIll be allowed In the aforementioned restroom facIlIties except upon written authorization of the CIty Lessee agrees to notify ImmedIately the Lessor's Pollee Department at any tIme the Lessee becomes aware of any activity that IS a vIolation of a law In the area of the PremIses 24 Lessee shall not advertise any business not operated at, on, or from the PremIses WIthout the prior written consent of the City 25 In the event the Lessor retains an attorney to enforce any of the proVIsions of thIS agreement or renewals of or addenda to thiS agreement, or to effect RECEIVED NOV 1 8 200\ 15 ,ORIGINAL 'I ;,J PLANNING DEPARTMENT ("IN (')1= C:I ~ARWATER the enforcement of any legal nght of the Lessor against the Lessee, the Lessee agrees to pay the Lessor all costs of said enforcement reasonably Incurred, including court costs and reasonable attorney's fees 26 The undersIgned officer of Lessee shall personally guarantee to Lessor the tImely performance of all covenants and provIsions of thiS agreement, including the payment of all rent due hereunder ThIS guarantee shall be eVidenced by the personal guarantor's signature on thiS agreement IN WITNESS WHEREOF, thiS agreement IS executed as of the date first above wntten CountersIgned CITY OF CLEARWATER, FLORIDA By#J~~~-:::rr: ayor-Commlssloner MI6hael J Roberto,~lty Manager LLILL/4f1.1 e, Ilo{.{/jIE- ..D_- C,v,et'<-I'V\ - ------: ) ~ .u_~ Ity Clerk n Carassas, Assistant CIty Attorney By Print ItsVr-~e By Pflnt Perso RECEIVED o ~~~ N~t 16 PLANNING DEPARTMENT CllV OF CLEARWATER ,,/ --/ EXHIBIT "A" Legal Descrrptlon of Premises That part of Lots 12 and 13, CITY PARK SUBDIVISION, accordIng to the plat thereof recorded In Plat Book 23, Page 37, of the public records of Plnellas County, Flonda, descrrbed as follows Begm at the Northwest corner of Lot 13 and run Easterly along the North line of Lot 13, a distance of 110 feet to a pOint, said pOint being the Point of Beglnntng; run Easterly along the North Ime of Lots 12 and 13, a distance of 100 feet to a pOInt, thence run Southerly along a line parallel to the East line of Lot 13, a dIstance of 60 feet to a pOint, thence run Westerly a distance of 100 feet along a line parallel to and 60 feet South of the North line of Lots 12 and 13 to a point, thence run Northerly along a line parallel to the East line of Lot 13, a dIstance of 60 feet to a pOint of begInning RECEIVED 17 NOV 1 8 2004 P~~J ~~k\~~T CITY OF CLEARWATER #0/ --~ EXHIBIT liB" Improvements by Lessee RECEIVED NOV 1 8 200~ PlANNING DEPARTMENT o RI G ImlER 18 q'., - - J ,',,, " 'F""', 'f;fL::P&OCN ~S-,0'L.Ll 'it\:'. ; -::;t~:~_\ ~:,5, , CtEARW ATER BEACH SEAFOOD:~e. . d ,~- " ' '0' ,"'" ;~ , ,:""." 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Q;; ..irfl~-~ ~'" ...~-- --- ,'f',.'~\ ~$.;~::;;""~~l ...........llTEi\,Oljl QIIP" CITY OF CLEARWATER LONG RANGF PI.ANNING D.lcYI,WPMhNT REvIEW PlANNING DEPARTMENT POST OFFICE Box 4748, CII-.ARWAHR, FLORlDA 33758-4748 MUNICIPAL SFRVlCfS BUILDING, 100 SOUTH MYRTIF AVFNUF, CLEARWATfR, FLORIDA 33756 IELEPHONE (727) 562-4567 FAX (727) 562-4576 December 16, 2004 Mr Stephen R Fowler, AlA NCARS 1401 Court Stref.!, SUite D Clearwater, FL 33756 RE Development Order ~ Case FLD2004-05041- 37 Causeway Boulevard Dear Mr Fowler This letter constitutes a Development Order pursuant to Sectton 4~206 D 6 of the Commumty Development Code On December 14,2004, the Commumty Development Board revIewed your request for FlexIble Development approval to construct an awnmg over an eXistIng Sidewalk cafe at an eXlstmg restaurant with a reductIOn to the front (north) setback from IS feet to zero feet and a reduction to the Side (west) setback from 10 feet to four feet, under the proVISIOns of Section 2-803 J The Commumty Development Board (COB) APPROVED the applicatIOn with the followmg bases and conditIOns Bases for Approval 1 The proposal comphes with the Flexible Development cntena for restaurants per SectIOn 2-803 J 2 The proposal 1S m compliance with other standards m the Code, mcludmg the General Applicability Cntena per Section 3-913 3 The proposal IS m comphance with Beach by Design Conditions of Approval I That the color of the awnIng be conslstent wtth that approved, or modified by, the CDB, and 2 Tha tall requ lremen ts of the F Ire Department be met pnor to the Issuance of any permits Pursuant to SectIOn 4-407, an applicatIOn for a bUlldmg permit shall be made wlthm one year of Flexible Development approvdl (December 14, 2005) All reqUIred certificates of occupancy shall be obtamed wlthm one ycar of the date of lssuance of the buIldmg permlt Time frames do not change WIth succe!:.!:.lve owners The Community Development Coordmator may grant an extenslOn of hme for a penod not to exceed one year and only WithIn the ongmal penod of validity The Commumty Developmcnt BOdrd may approve one addItIOnal extenSIOn of time after the commumty development coordmator's extenSIOn to Inltmte a bUlldmg permit applicatiOn The lssuance of thiS Development Order does not reheve you of the necessity to obtam any bUlldmg permits or pay any Impact fees that may be requlfed In order to faCIlitate the tssuance of any permit or license affected by thiS approval, please bnng a copy of thiS letter wtth you when applymg for any pellmt!:. Of licenses that reqUIre thiS pnor development approval BRIAN J 1\11",,(;51, /"lAYOR-COMMI~,l()NI R HOYI 1-11\.\111101'1, VICI MAYOR-CO\JMI<;'\ION~R WIlIl N,y GRIn, CO'I\t1"~IO~1 R fRANK HIBI1ARI\ COMMISSIONFR *' Rill JOt'<~(lN, C()\ti'tI"~[OHR "!~QlJAI EMPI OYMfNT AND AFllRMAIIVF AC1ION [MPI OYFR" <r - , December 16,2004 Fowler - Page 2 AddItIOnally, an appeal of a Level Two approval (Flexible Development) may be Imttated pursuant to SectIOn 4-502 B by the appilcant or by any person granted party status wlthm 14 days of the date of the CDB meetmg The filmg of an appl1catlOn/nottce of appeal shall stay the effect of the decISIon pendmg the final determmatlOn of the case The appeal penod for your case expires on December 28, 2004 (14 days from the date of the CDB meetmg) If you have any questIOns, please do not heSItate to call Wayne M Wells, Planner ill, at 727-562-4504 You can access zonmg mformatlOn for parcels wlthm the City through our webslte www mvclcarwater comlgov/deots/olannmg *Make Us Your Favontel ~ CynthIa H Tarapam, AlCP Plannmg DIrector S IPllll1l1ll1g DepllrlmentlC 0 BIFLEX (FLD)l/naCllve 0/ FUlIshed AppllCllllonsl Causeway 37 Crabby BIll's (7) - Appro v~dIC(jusewIlY 37 Development Order doc = ~t1I/11gQ~ ~~~~~o~rl!.~ ~\~~_\ ~""'",,"'r"'~?2/~";;." ~-"'~..." ............ ~ ~~,' j ~ "" "l2'>:!?,\ 1/ ':, ~'" "-~..... , .. .. tj""""" - -" -" l:,"''''-= ~tj ",U-::;' =-===- ~tj' "'~-:...---;=-. ~tj "".YL\"~- .'~'"':~ ~r~-4'~~"'~~~~\ ".....~~~rE~,t1J~~~ -.u...Q/ToJ CITY OF CLEARWATER loNG RANGF PlANNING DEVELOPMENT REvIEW PIANNING DEPARTMENT Posr OfFICE Box 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAl SFRVICFS BUll..D1NG, 100 SOU rH MYR1U. AVI::r-m., CLEARWAI I::R, FLORIDA 33756 TELEPHONE (727) 562-4567 FAX (727) 562-4576 December 6,2004 Mr Stephen R Fowler, AlA NCARB 1401 Court Street, SUIte D Clearwater, FL 33756 Re Commumty Development Board Meeting (Case Nos FLD2004-05041) Dear Mr Fowler The FlexIble Development application (FLD2004-05041) to construct an awmng over an eXlstmg sIdewalk cafe at an eXlstmg restaurant wIth a reductIon to the front (north) setback from 15 feet to zero feet and a reductIon to the sIde (west) setback from 10 feet to four feet, under the provISIons of SectIon 2-803 J, for property located at 37 Causeway Boulevard, has been deemed sufficIent and has been scheduled to be revlewed by the Commumty Development Board on December 14,2004 The meeting will take place at 2 00 pm In the City Council Chambers, 3rd floor of City Hall at 112 S Osceola Avenue, Clearwater If you have any questlOns, please do not heSitate to call me at 727-562-4504 Sincerely, J.!.a;.rL M. hJaR).. Wayne M Wells, AICP Planner III 5 IPlnnJ1Jng DepnrlmenllC 0 BIFLeX (FLD)IPendlng cnseslUp for Ihe Ilet! CDBICauseway 37 Crabby Bdl's (n /2 /404 CDB- WWICnllsewny 37 COB Leller doc BRIAN J AUNG<;T, M,\ YOR-COqMl~SIONfR HOYt H1\.I11I1 01\, VIO ]\]AYOR COMMI%IOMIl WHITNFY GRAY, CO~I,IIl~~IONrR FRAI\K HlIlbARD, COMMISSIONeR * 13111 JONSON C0.-1,11"5101\1 R "FQUAl EMPIOYMrNf AND An IRMAllvr ACTION CMPIOYFR" < SEND I r\ICl REPORT Nov 05 2004 04:43PM YOUR LOGO YOUR FI=1X NO Clt~OfClearwater-Plan Dept 727 562 4865 NO. OTHER FACSIMILE 01 94475339 START TIME USAGE TIME MODE PI=1GES RESULT Nov 05 04 41PM 01'36 SND 03 OK J TO TURN OFF REPORT. PRESS 'Men.J' m34. THEN SELECT OFF BY USING '+' OR '-'. FOR FAX ADVANTAGE ASSISTRNCE, PLEASE CALL 1--8El0-HELP-FAX (435--7329). '';'' () CITY OF CLL.A.RWATER PLANNING DEPARTMENT MUNICIPAL SERVICES BUILDING 100 SOUTH MYRTLE A VENUE, CLEARWATER, FLORfOA 33756 TELEPHONE (727) 562-4567 FAX (727) 562-4576 WWW MYCLEAR WATER COM ~ Clearwater October 08, 2004 Fowler & Assoc 1421 Court St SUite 0 Clearwater, FI 33756 RE FLD2004-05041 n 37 CAUSEWAY BLVD n Letter of Completeness Dear Fowler & Assoc The Plannmg Staffhas entered your applIcation Into the Department's filmg system and assIgned the case number FLD2004-05041 After a prelIminary review of the submitted documents, staff has determmed that the application IS Complete The Development Review CommIttee (DRC) WIll review the applIcatIOn for sufficiency on November 12, 2004, 10 the Planmng Department conference room - Room 216 - on the second floor of the MUlllclpal Services BUlldmg The bUlld10g IS located at 100 South Myrtle Avenue 10 downtown Clearwater Please call Sherry Watk1Os, AdmmlstratIve Analyst, at 727-562-4582 no earlier than one week pnor to the meetmg date for the approximate tIme that your case Will be revIewed You or your representative (as applIcable) must be present to answcr any questIOns that the DRC may have regarding your applicatIOn AdditIonal comments may be generated by the DRC at the time of the meeting If you have any questIOns, please do not heSitate to contact me at 727-562-4504 or Wayne Wells@myclearwatercom Smcerely yours, ~:II~:~ Planner III Leller ojComplefenns - FLD10Q.l-05041 - 37 CA USE WA Y BLVD ( ~ FAX COVER MEMO CITY OF CLEARWATER PLANNING DEPARTMENT 100 S. MYRTLE AVE. CLEARWATER, FL 33756 (727) 562-4567 FAX: (727) 562-4865 TO' 5-h."'L ~ lv- FAX: - + +7. S 33' Phone: +Dr~ - '2-0'1...-\ FROM: \.-JCAJ"t'y-l.. W lL\\S - \ DATE'_llJ~ Phone:~~ 2- --=-- + :) 04- MESSAGE: RE: S::L" 1-004-.. O..:r 0..4- J '5i c.,..,vr"~) '\S\id ~ 9N\.-tt DRC- CC'YIAov-L-+S --y\'CV\~ ,.\:- N"\ t t- -f\ ~ ~ 2..: SS t' ""- J NUMBER OF PAGES (INCLUDING THIS PAGE) .3 .. ^j u FAX COVER MEMO CITY OF CLEARWATER PLANNING DEPARTMENT 100 S~ MYRTLE A VE~ CLEARWATER, FL 33756 (727) 562-4567 FAX: (727) 562-4865 TO: S-k.",L ~\Ar FAX: 4-dr1 .. S~3~ Phone: 4-+ '1. '2..0 "2-\ FROM: W\~ Wn..\~ DATE'_ -.J oj +''\)~ Phone:~\o 2.. + ro+ MESSAGE, RE:------ft.-D Z-o 0 4-... 0 ;r-~) 3 7 ~.J~s.\,oo)J Cl \oJ d.. C ~\l-~ \ Q.W NUMBER OF PAGES(INCLUDING THIS PAGE) 2- II< '-I , SEHD] r,!G F'EPOF'T Oct 08 2004 04.44PM YOUR LOGO YOUR FAX NO. Clt~OfClearwater-Plan Dept 727 562 4865 NO OTHER FACSIMILE 01 94475339 START TIME USRGE TIME MODE PAGES RESULT Oct 08 04:43PM 01'11 SND 02 OK TO TURN OFF REPORT. PRESS · MENU' ~. THEN SB....ECT OFF BY US I NG · +' OR · -' . FOR FI=IX RDVI=lNTAGE RSS I STANCE I PLEASE CALL l-000-HELP-F1=IX (435-7329). J I 'r;; J3 ICJ) ~ Clearwater C I T Y 0 F C L E ,,-\. R W ATE R PLANNING DEPARTMENT MUNICIPAL SERVICES BUILDING 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAX (727) 562-4576 WW W MYCLEAR WATER COM l) October 04,2004 Fowler & Assoc 1421 Court St SUite D Clearwater, FI 33756 RE FLD2004-0504l -- 37 CAUSEWAY BLVD -- Letter of Incompleteness Dear Fowler & Assoc The PlannlOg Staff has entered your application lOto the Department's fillOg system and aSSigned the case number FLD2004-05041 After a prelimmary revIew of the submItted documents, staff has determmed that the apphcatJOn IS Incomplete WIth the followmg comments 5 One signed and sealed survey and 14 copIes are reqUired SubmIt an affidaVIt of ownership SIgned by owner's representative (BIll Moms) authonzmg the applicant/agent to file thIs request (m accordance WIth SectIon 15 of the Lease Agreement) Amend request to mclude a reductJOn to the front (north) setback from 15 feet to zero feet (to awnmg) and a reduction to the Side (west) setback from 10 feet to four feet (to awnmg) Provide responses to the FlexIble Development cntena for restaurants under SectIOn 2-803 J, mcludmg the JustIficatIon for the requested reductions AdditIOnally, mclude the JustIficatIon for the requested reductIons under the General ApplIcability cntena Notary failed to note who sIgned the applicatIon on Page 5 of6 SectIOn 4-202 of the Commumty Development Code states that If an applicatIOn IS deemed lllcomplete, the deficIenc1es of the applicatIOn shall be specified by Staff No further development review actIOn shall be taken unhl the defiCIenCies are corrected and the apphcahon 1S deemed complete Please lesubmlt by no latel than noon on October 8, 2004 If you have any questions, please do not heSitate to contact me at 727-562-4504 or Wayne Wells@myclearwater com Smcerely yours, f;;''';cll~-lJ~ Planner JII Lelia of {Ilcompl(.luwss - rLD2004-0504/ 37 CA /}'iEWA Y HL VD i~ i: _...~ :.0... 0;;.. - LL ~~~tlj d' - t o ,-,!!' ~"'-, U'. ~,i<' I- .0::.. ';: iIi .:..~ ~ <,ll :@!rwa er J-- -I I III ri;;or 11111""'- U FAX COVER MEMO CITY OF CLEARWATER PLANNING DEPARTMENT 100 S~ MYRTLE A VE~ CLEARW ATER, FL 33756 (727) 562-4567 FAX: (727) 562-4865 TO: S-\\lt.. ~,~ FAX; 4- t\ 1. S 33 9 Phone' 4+ ~ .. 2-t) 2- , FROM: W~ \,jf1...\ \1 Phone:---.S 10 '2..~ :ltl+ DATE:_lS>I~ RE: F'U>z...oo4- oso+, 3 7 Ca...", S'fA-I J 11 \"" ~ MESSAGE' \"-.~~\t.~ l O\\e.r- a"~'Nk\ \'li\~\ v-Cf.;.',e4. NUMBER OF PAGES(INCLUDING THIS PAGE) "2-- t. '3EHD I HI~ REPI]F;T Oct 1214 21211214 1219 B8RM YOUR LOGO YOUR FRX NO, Clt~OrClearwater-Plan Dept 727 562 4865 NO. OTHER FRCSIMILE 1211 94475339 STRRT TIME USRGE TIME MODE PAGES RESULT Oct. 04 1219'07RM 1211'16 SND 1212 OK TO TURN OFF REPORT. PRESS · MENU' m34.. THEN SB..ECT OFF BY l.I5 I NG · +' OR · -' . FOR FAX ADVANTAGE ASSISTANCE. PLEASE o:d....L l---B00-tlELP-FAX (435-7329). COB Meetmg Date CdSC Number Agenda Item Ownc] ApplIcant R ep rese n ta tl ve Addl csscs ";;i ORIGINAL Deccmbcr 14. 2004 FLD2004-05041 E3 City of Clearwater Clearwater Beach Seafood Co dba Crabby BIll's Clearwater Mr Stephen R Fowler. AlA. Fowler Associates Architects. lnc 37 Causeway Boulevard CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT GENERAL INFORMATION: REQUEST: EXISTING ZONING/ LA.ND USE: PROPERTY SIZE: PROPERTY USE: ADJACENT ZONING/ LAND USES: Flexible Development approval to construct an awnmg over an eXIsting sidewalk cafe at an eXlstmg restaurant with a reduction to the front (north) setback from 15 feet to zero feet and a reductIOn to the sIde (west) setback from 10 feet to four feet, under the provIsIOns of SectIOn 2-803 J Tourist (T) DiStrict, Resort Facilltles High (RFH) Category o 14 acres Current Use Restaurant with sidewalk cafe Proposed Use Restaurant with covered sidewalk cafe NO! th Open Spacc/RecreatlOn and TOUflst Dlstncts, Roundabout and Retail sales and services East lnstltutlonal Dlstnct, Manna South InstItutIOnal and Preservation Dlstncts, Manna West InshtutlOnal and Open Space/RecreatIOn Dlstncts, PIer 60, Beach and Gulf of MeXICO CHARAC I'ER OF THE IMMEDIA TE VICINITY: The surroundmg area meludes tounst-dommated uses, meludmg overmght accommodations, restaurants, retail sales and services and water-based uses at the Manna Stall Report - Commumty Development Board - DccembCl 14, 2004 - Case FLD2004-05041 Page 1 of6 ANALYSIS: Site Location and Existing Conditions' The 0 14 acres ]5 located on the south side of the Clearwatel Beach roundabout at the City's manna The CIty owned sIte is 100 feet by 60 feet, and IS leased to the apphcant for a restaurant There IS an eXistmg 4,262 square-foot restaurant on the property, with an eX]stlOg SIdewalk cafe on the north SIde of the property Proposal: The proposal IS to add an awmng over the eX]stlOg Sidewalk cafe located on the north SIde of the eXistmg Crabby BIll's restaurant The awmng wIiI be set back the same distance [rom the front (north) and SIde (west) property/lease Itnes as the eXIstmg Sidewalk eafe ThiS awnmg Will provide protectIon to cafe dmers from ram, sun and blrds and wIiI not add any addItIOnal seats gene13tmg any addItional parkmg needs The color of the rabnc awmng Will be consIstent with the color palate of the restaurant buIidmg and of the manna (blue roofs) In addItIon to the protectIve medSLlre the awmng wdl provlde, the awmng is consistent with Beach by DeSign by encouragmg outdOOl cafe activItIes and a more dynamiC and active street life All appilcable Code reqlllrements and cntena mc1udmg, but not hmited to, General Apphcablilty cntena (SectIOn 3-913) and restaurant cntena (SectIon 2-803 J) have been met Code Enforcement Analysis: There are no outstandmg enforcement issues associated wIth thiS site Staft-Report - Commul1Ity Development Board - December 14,2004 - Case FLD2004-05041 Page 2 of6 COMPLIANCE WITH STANDARDS AND CRITERIA: (Sections 2-801.1 and 2-803): ST ANDARD PROPOSED CONSISTENT INCONSISTENT FLOOR AREA o 71 FAR (4,262 square feet) X RATIO (FAR) (1.0 maximum) IMPERVIOUS 1 0 X* SURFACE RATIO (lSR) (0.95 maximum) LOT AREA (5,000 - 6,000 sq Udre feet (0 14 acres) X 10,000 sf. min.) LOT WIDTH (50 - 100 feet X 100 min.) FRONT SETBACK Zel 0 feet X (0 - 15 leet) REAR SETBACK (l0 Zero feet X* - 20 feet) SIDE SETBACK (0- Zero feet X 10 feet) HEIGHT (25 -100 28 feet (to midpoint of highest pitched X feet) roof) PARKING SPACES None on-site, Total of 370 parking X (7 - 15 spaces per spaces are within the manna parkmg 1,000 GFI\) lot (299 metered spaces, 71 reserved! permit spaces) * Nonconfonmng Wlil not change wlth proposal **Slte IS a lease area and parcel created for tax purposes Slall Report - Commumty Development Board - December 14, 2004 - Case FLD2004-05041 Page 3 orG COMPLIANCE WITH FLEXIBILITV CRITERIA (Section 2-803.J): 2 Lot area and wldth The reductIon In lot area will not result In a buIldmg which IS out of scale wIth eXlstmg buildIngs In the Immediate V1Cllllty of the parcel proposed for development LocattOn The use of the palcel proposed for development will not Involve direct access to a major arterial sheet Height The Incrcased height results m an Improved site plan and/or Improved design and appearance Slgns No sign of any kind IS designed or located so that any portIOn of the sIgn IS more than SIX feet above the fimshed grade of the front lot lmc of the parcel proposed for development unless the SIgn IS a part of d comprehensive Sign program 3 4 5 Setback:, a The reduction In front setback contnbutes to a more active and dynamiC street life, b The reductIOn In front setback results m an unproved site plan or ImplOved deSign and appearance, c The reductIon In side and rear setback does not prevent access to the real of any buIidmg by emergency vehIcles, d The reductIon m side and rear setback results In an Improved site plan, more effiCient parkmg or Improved deSign and appedrance, 6 OjJ-51reel parkmg a The phYSical charactenstlcs of a proposed bUilding dre such that the likely uses of the property will reqUire fewer parking spaces per floor area than otherwise required or that the lIse of slgmficant portions of the bUlldmg for storage or othel non-parkmg demand- generating pUl-poses, b Fast food restaurants shall not be eligible for a reductIOn 111 the number of off-street parking spaces, c Adequate parking IS available on a shared baSIS as detenmned by all eXisting land uses Within 1,000 feet of the parcel proposed for development, or parkmg IS available through any eXistIng or planned and committed parkmg faCIlities or the shared parking formulas In Article 3, Dlvlslon 14 7 The deSign of all bUlldmgs complies With the TOUrIst Dlstnct deSign gUIdelines In DIVISIon 5 of Article 3 Conslsten t lnconslste n t x x x x x x x Staff Report - Commullny Development Board - December 14, 2004 - Case FLD2004-05041 Page 4 of6 COMPLIANCE \VITH GENERAL STANDARDS SectIOn 3-913 : ConsIstent Inconsistent 3 Development of the land will be III hannony wIth the scale, bulk, covera e, denslt and character of ad acent ro ertles Development will not hlllder or discourage development and use of ad dcent land and bUlldlll s or Sl Illficantl UTI air the value thereof Development will not adversely affect the health or safety of persons rcsldlll or workIn In the neighborhood Develo ment IS desl ned to mll1lmlZe traffic congestIon Development IS consistent wIth the commu11lty character of the ImmedIate V1Cl11lt DeSign of the proposed development mllllmlzes adverse effects, lllcludmg visual, acoustIc and olfactory and hours of operation Impacts on ad accnt ro cIties x 2 x x 4 5 x X 6 X SUMMARY AND RECOMMENDATION: The Development ReView Committee reviewed the applIcdtIon and SUppOltIng materials on November 12, 2004 The Plannmg Department recommends APPROVAL of the FleXible Development apphcatlOn to construct an aW11lng over an eXlstmg sidewalk cafe at an eXIstIng restaurant with a reductIOn to the front (north) setback from 15 feet to zero feet and a reductIOn to the side (west) setback from 10 feet to four feet, under the provIsIOns of SectIon 2-803 J, for the Site at 37 Causeway Boulevard, with the followmg bases and condItions Bases for Approval I The proposal complies with the FleXible Development CrItena for restaurants per SectIon 2- 803 J 2 The proposal is In compliance With other standards III the Code, mcludmg the General Applicability CrItena per SectIon 3-913 3 The proposal IS III comphance with Beach by DeSign Conditions of ApPI oval I That the color of the awnmg be consistent with that approved, or modified by, the CDB, and 2 That all requirements of the Flre Department be met prior to the Issuance of any perImts Prepared by Plannmg Department Staff Staff Report - Commumty Development Board - Decembcr 14,2004 - Ca~e FLD2004-05041 Page 5 of6 ATTACHMENTS LOc,ltlon Map Aenal Photograph of Site and VICInity ZOnIng Atlas Map Surroundlllg EXIStll1g Uses Map Photographs of SIte and VICInity App ltCdtlO11 S \Pfnnl1l!1g Depm Imen/I ( D BII L! ,\lPelldmg ('n~e~1 Up for the nexl (DBI (o"sBway 3 7 Crnbby Bdl's (7) /2 14 04 CDB - WW1(nllsewny J 7 ::,tnff Repor/ doc Staff Report - Commul1Ity Development Board - December 14, 2004 - Case FLD2004-05041 Page 6 of6 Owner. I Site i OI9J =-- ~ O;~~Q- ~ ><IKl/'-' ..... ~ J 'f ~Of ii i~C Dr- 3L 8A.YMCHT !ST ~nl[ 7n~i ~ Location Map City of Clearwater 37 Causeway Boulevard I Case Property Slze{Acres) FlD2004-05041 0.14 PIN 08/29/15/15606/000/0131 I Atlas Page 267 A J I I ^ ~ ~ ! ::t 1 10 oq: oq: f)!jJ ).. 201 S ~ 'I i ~ t:: I Co!) ,,/" " ~ :g .... OS/R CI) ,...../,01' ',~ ~ ~ , /l ~ I , J , , , , ~ I , , I CAUSEWAY BLVD. T ~ r , \ r---~ , '" ) L__ "" ... .., 37 -~--~- _.......----~- -- r------ I I I I I I L________________~___ ~ 0 Q ~ 0 ~ p C,) I 1"1 1"-1 Zoning Map Owner I City of Clearwater I Case Property Size (Acres) FlD2004-05041 Site 37 Causeway Boulevard 0.14 PIN 08/29/15115606/000/0131 I Atlos Page 267 A f AI i& ! I .... Co? Ui I ~ :s: oq ;! t: I.U ~ ~ !.&.i :so "( ).. "( . -' .... HIIt~It" " ~ JI~el ':~~ , " " " , " - ',,,/ --....::- 10 201 Rebl il Sales and ,'ervice.~ I Retail Sales and ServicE J I I rftAlAY BLVD. CAlJ$r:;;... ~ r I r---~ L__ r ~ "'- '" 37 ~~--~---~------ r----- I I: Marina Parkiol1 I L____________________ Marina Parking Pier 60 ~ g ~ o ~ u r Marina Marina J /"-J Existing Surrounding Uses Map I Case: Property Size (Acres) Owner I FLD2004-05041 City of Clearwater 0.14 37 Causeway Boulevard Site PIN 08/29/15/15606/000/0131 I Atlas Page. 267A ,...' ....- . ;; . .. ....' ~ ,. . ~ ~.fJ;I.'''''' t . ~.:... ~ ;" ..; ~ ~.... . - '1 t\ C'- . ~ (' . t. ";- ~ ~..Ia ~,.~,. '. .... 'W '\ /If /;.~ . .! '" ')" ~ , , ~JI 1;. I ..i,.. ^...., .1.... ,~... . ,,~~\ .. , J ~. . j'~' .') a. \ . .' I !!~ .- '-- , Aerial Map Owner. I City of Clearwater Case: FLD2004-Q5041 Site: 37 Causeway Boulevard Property Size{Acres): 0.14 PIN: 08/29/15/15606/000/0131 I A tics Page: 267 A View looking east at existing sidewalk cafe on north side of building View looking southwest at existing sidewalk cafe on north side of building 37 Causeway Boulevard FLD2004-05041 View looking northeast at west side of existing sidewalk cafe and building I - __ - ___----I View looking northeast at south side of building and parking lot of marina " Check list for CDB Aaenda & Application sent to Q1.v Clerks Office FLD2004-05041 37 Causeway Blvd Application Form Parcel Identification Numbers Authorization for AClent. If ApplIcable Surveyor leClal Description COpy of 400 scale Zonmq Atlas with propertY outlined and 500' radiUS hand drawn from outSide penmter of Site d<.oi A. INITIALS ~ ~ v' vl rv VI lil ..... H~ (,~ ~~ i ..~... nil'.... Jil. "?! ?8:ij ::!! -lilP t ",.. 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'" '" :5 p~ VI ;:: EBZ I;~~ _0 G1 '" 0 <'>.., VI ~ ~ ;;~i~: i}~ w:! i5 ... --< ~,. .... vi -, ll'~1f 0 z 0 Z ." ,+, ""ii ." vi.: ID ~_..[I1t "'Z ~ <> )> 'IE' '" . ~~~J:g<,,~ )> (5 ~ z )> ..~ . ; i~l~ ~!~ ~ z M;:! ;!; .. it; ~ I-- -I ~ z ." '" "'0 '" '" --< x <> H l 3 ..-i' w -< "'0 !:l"g~r " N r 0 n", s.'<~ !l ~3':;: )> 00:;1) !~ ~ ~~ ii~ l!.",..~;.-"'..h O"l dr'l -< 'OJ (j) ",s- at i .... ~~~~".:;: ~ -....J ,U1 ;: !~ ",r'l il M ::< g ;;, 5"! g-~,,~;':i i vi 00 ~ ~~G.J.g:i~ )> o. ; ~ ;:,iC:.~- N .. ~ o r \0 + .. o '1 i <-. ( ~ ~ r c ~ t 91\ 2'55 pm else N umbel' rLD2004-0)u41 -- 37 CA.USEW A Y BLVD OWllel (<,) Cay Of Cleal\Vatel Po Box 4748 Clearwatel, Fl 33758 TELEPHONE No Phone, FAX No Fax E-MAIL No Emall Crabby Blll~ Clwtr 37 Causcw,lY nlvd Clcal\VatcI, Fl 33767 TClEPHONE 727-432-7430, FAX 727-596-3258, E-MAIL No Emall Representatl\e. Fowlel & Assoc 142] COUlt S( CleaI\V<l!lr, n 33756 1 ELEPHONE 727-449-2021, FAX No Fax, E-MAIL fowlclarlh@aol com LOC.l I 1011 0 14 aCles located on the south sIde of the Clearwater Beach round-about at the City's manna Atlils Pilge 267A Zon IIlg DI.,>tTlLl T, Toulls( Request Flexible Development approval to construct an awnmg Ovel an eXlstmg sIdewalk cafe at dn eXlstmg restau rant with d red ulll on to the fI ant ( north) setback fr om IS feet to zero feet and a reductloll to the s (de (west) setback from 10 teet to four feet, under the provISions of Section 2-803 J Proposcd U..c Restaurants Neighborhood Clearwatel Beach AS~OClatlon ASSOClUtlOll(S). Clearwater, Fl 33767 827 Mandalay Ave I ELEI'HONE 727-446-5801, FAX No Fax, r-M A.IL dmacnav@att net NClghhlll hood Clealwatel Nelghborhood~ CoalitIon A~SocldtlOn(s) Cleal\vatu, FI 33761 2544 Fusco Olive TELEPHONE 727-725-3345, r AX No Fax E-MAIL DJw@gte net Presenter Wayne Wells, Planner III Attendees Included C1ly Stat! Wayne Wells, ChIp Gerlock Appl1callt Steve Fowler, Glt-g Powers The ORC re' Ie" cd tll1S applll.ltlOn 'Hth the lollowmg comment~. General EngmecrIng. ] I) No pOltlOn of the aWnIng can extend Illto the nght-oi-way ~,n vlro limen ta I No I~~ues Applicant fi... \ 'I.' 1,.0+ 1)~C c..-~~ I '1 l<lre. TIm DRe ReView by Fire IS not an approval 01 review of dny constmctlon plans or documents other than ~Ile work Upon a Development Order, constructlOn plan~ must be submitted fOl revIew and a pcnnlllssllcd pllor to ,my consnuctlOn PLEASE ACKNOWLEDGE Harbor Mastel: 1 I have reviewed the paGkage and have not problem w1th (he requested awnll1g My only conCCIl1 IS the BaIt HOllse at the opposIte end of the Manna parkll1g lot has III the past tned 10 get aW11lngs and may ha ve somethmg to say I f they hear thiS gets approved I tlunk the Crabby BIlls awnlllg IS both aesthetically well done, complements thc bUlldmg and serves a nceded PUlvose of sheltcI f] om the sun for theIr patl ons I Sllpport their request Bill Morns Legal 1 No Issues Land RC~(Iurees: 1 No Issues Land~c.lplllg 1 No Issues Parks and Relreatwll No Issues SllIrrnwater' No Issues Solid Waste 1 No Issues Development ReVIew AgcndJ. - Fnday, November 12, 2004 - Page 51 i' ,. Trall1e Englllcenllg ] No Issue~ PI all 11 Illg. 1 10/8/04 - WW Submit the ongmal affidavit of ownel ship signed by owner's representative (Bill Morns) 10/4/04 - WW SubmIt an affidavIt of ownels1up signed by owner's IepresentatJve (Bill Morns) authonzmg the applIcantJagentlO file this request (111 accordance with SectIOn 15 of the Lease Agreement) 2 10/8/04 - WW ProVide lesponses to ALL of thl F1e'uble Development cntena for restaurants under SectIOn 2-803 J 10/4/04 - ww Provide responses to the FleXible Development cntella fOl rcstaurants under Section 2-803 J, mc Iud lllg the J lIStI fiCJ.llon fOI the requested I eductl ons Add Itlonall y, mc lude the JUStl fica lIOn for the requested reduUlons under the Genela1 Applicability cntena 3 PIQVIdl the SIde setback from the west property/lease lme to the propo~ed canopy 4 Plovlde a leduced site plan (85" x 1 I ") for the COB 5 Condition of applovJ.1 That the color of the awnl11g be lonSI.',tent wIth that appl oved, or modified by, the COB Other No Commcnts Nates lobe placed 011 the 12/14/04 COB agenda, submit 15 collated copies of the revised plans & apphcatJon matenal addresslllg all above departments' comments by noon 11/18/04 Packets shall be collated, folded and stapled as appropnate Development RevIew Agenda - Fnday, November 12,2004 - Page 52 ; 'Clearwater Pnnted 11/5/2004 u Times are subject to change 9-00 a.m. 2. ~.SS DRAFT ACTION AGENDA DEVELOPMENT REVIEW COMMITTEE \)~"" a'. .~ .0+ -O~ ~-~, Friday, November 12,2004 STAFF REVIEW Case Number FLD2004-05041 n 37 CAUSEWAY BL YD Owner(s) City Of ClcaJ water Po Box 4748 Clearwater, FI 33758 TELEPHONE No Phone, FAX No Fax, E-MAIL No Emml Applicant Crabby Bills Clwtr 37 Causeway Blvd Clearwater, PI 33767 TELEPHONE 727-432-7430, FAX 727-596-3258, E-MAIL No Enml RepresentatIve. Fowler & Assoc 1421 Court St Cleanvatel, FI33756 TELEPHONE 727-449-2021, FAX No Fax, E-MAIL fowlerarch@aol com LocatIOn 0 14 aCles located on the south side of the Clearwater Beach round-about at the City's manna Atld!. Page 267 A ZOlllllg Dlstnct T, Tounst Req ueq F I ex Ib Ie Deve lopment approva I to construct an awn mg over an ex I stmg sIdewalk cafe at an ex Istmg restaurant with a reductIOn 10 the front (north) setback from 15 feet to zero feet and a reductIOn to the SIde (west) setback from 10 feet to four feet, under the proVISIOns of SectlOn 2-803 J Proposed Use Restauranb Neighborhood Clem water Beach AssocmtlOn ASSOcl.ltLOn(s)' Clealwater, Fl 33767 827 Mandalay Ave TELEPHONE 727-446-580] FAX No Fax, E-MAIL dmacnav@att net Neighborhood Clearwater NeIghborhoods CoalItIOn AssuuatlOn(s)' Clearwater, F133761 2544 Fnsco Dnve TELEPHONE 727-725-3345 fAX No Fax, E-MAIL DJw@gtc net Presenter Wayne Wells, Planner 11] Attendees Included Oty Staff Wayne Wells, Chip Gerlock, Scoll Rice, Joe Colbert Appltcant Steve row1er I he ORe reViewed tillS apphLatLOn With the folloWlllg comments General Engllleerlllg I I) No portlOn of the awnmg can extend mto the nght-of-way Environ mental No Issues Fire, ThIS DRC ReView by Fae IS not an approval or leVlew of any constructIOn plans or documents other than site work Upon a Development Order, constructIOn plans must be submItted for revIew and a pernut Issued pllor to any constructIOn PLEASE ACKNOWLEDGE Harbor Master I I have levlewed the package and have not plOblem WIth Ihe lequested awnmg My only concern IS the BaIt House at the. oppOSlle end of the Manna parkmg lot has III the past tfled to get awnmgs and may have somethmg to say If they heal thIS gets approved I thlllk the Crabby BIlls awnlllg IS both aesthetIcally well done, complements the bUlldlllg and serves a needed purpose of shelter from the sun for theIr patlons I support theIr 1 equest B1Il Morns Development RevIew Agenda - Fnday, November 12,2004 - Page I ,. .. Legal. I No Issues Land Resources I No Issues Landscapmg' 1 No Issues Parks and RecreatIOn. 1 No Issues Stormwater I No Issues Solid Waste' 1 No Issues fralTic Engmeerlng' I No Issues Plannmg: 1 10/8/04 - WW SU bmll the Ollgll1a I affidavIt of owne] ship sIgned by owner's representa tl ve (B III M 0]] IS) 10/4/04 " WW Sublmt an affidavit of o\\iTlCrSlllp ~]gned by owner's representative (Bill MOIllS) authoTlzmg the apphcantlagent to file tlus lequest (m a(,cordance with SectIOn 15 of the Lease Agreement) 2 10/8/04 - WW Provide responses to ALL of the FlexIble Development cHtella for lestaurants under SectIOn 2-803 J 10/4/04 - Ww Provide responses to the f1ex]ble Development cntena for restaurants under SectIOn 2-803 J, mcludmg the JustlfkatlOlI for the requested reductIOns Add1l10nally, mclude the JuStificatIOn for the requested reductIOns under the General Apphcablhty cntena 3 ProvIde the sIde setback from the west propelty/lease Illle to the proposed canopy 4 ProvIde a reduced site plan (8 5" X 11 ") fOl the COB 5 ConditIon of approval That the color of the awnmg be consistent with that approved, or modified by, the COB Other. No Comments Notes To be placed on the 12/14/04 COB agenda, sublll1t 15 collated copIes of the revised plans & application matenal addreSSing all above departments' comments by noon, 11/18/04 Packets shall be collated, folded and stapled as appropnate Development Rev]C'w Agenda - Fnday, November 12, 2004 - Page 2 . ~ Pmellas County Property Appr~ ~~r InformatIOn 08 29 15 15606 000 OP 1 , ,# Page 2 of5 08 / 29 / 15 / 15606 / 000 / 0131 17-llov-Z004 J 1M Sr'll th, CFA Plnellas County Property Appra1ser 1Z 10: 1Z Ownersh1p Inforl'lat1on t~on-Res~dent~al Property Address, Use, and Sales CLEARWATER, CITY Of OBK 00000 OPG, 0000 PO BOX 4748 CLEARWATER fL 33758-4748 EVACUA TION ZON E A COMparable sales value as Prop Addr' 37 CAUSEWAY BLUD of Jan 1, 2003, based on Census Trae t Z60 OZ sales frol'l 2002 - 2003, 0 Sale Date OR Book/Page Price (Qual/UnO) Vac/Il'"Ip Plat InforMatlon 0 /0 0/ 0 0 ( ) 1939 Book o Z 3 Pgs 037- 0 /0 0/ 0 0 ( ) 0000 Book Pgs - 0 /0 0/ 0 0 ( ) 0000 Book Pgs - 0 /0 0/ 0 0 ( ) 2004 Value E XEf'/1P TIONS Just/Market, 387.800 Hor'1e stead' tlO Ownersh1p % 000 Govt E ,errl YES Use % .000 Assessed/Cap' 387.800 Inst1tut1onal Exerrl' tm Ta{ EyeMpt %, . ODD Histor1c E' ePI 0 Taxable 164.800 Agr1eultural 0 2004 Tay InforP1at1on D1str1ct CW Seawall Frontage Clear-water V1ew 04 M1llage, ZZ 9694 Land Slze Unlt Land Land Land Front X Depth Pr1C8 Un1ts Meth 04 Taxes 3,785 36 1) 95 x 60 40 DO 5,700. DO S Spec1al Tax 00 2) 0 x 0 DO .00 3) 0 x 0 . DO .00 W1thout the Save-Our-HoMes 4) 0 x 0 DO .00 cap, 2004 taxes w1ll be 5) 0 x 0 DO .00 3.785 36 6) 0 x 0 00 00 W1thout any e"eMpt1ons, 2004 taxes will be 8.907.53 Short Legal CITY PARK SUB (GOODWn~ LEASE) W 10fT Of t~ 60FT Of Oescr1ption LOT 1Z & t~ 60fT Of E 85fT Of lOT 13 Building I n to rma tion http Ilpao co pll1eIlas f1 us/htbm/cgl~scr3?o=l&a=l&b=l&c=l&r= 16&s=4&t3=1&u=0& 11117/2004 P1I1cll_as County Property Appr- ~~I InfonlldtlOn 08 29 15 1560600001 'J 1 Plopcrty and Land Use Code dcscnP-11ons 08 / 29 / 15 I Page 3 of 5 15606 I 000 / 0131 :01 17-Hov-2004 Jl~ SMlth, CFA Plnellas County Property Appraiser 12 10 10 CO~MerClal Card 01 of 1 IMproveMent Type Retall Store Property Address' 37 CAUSEWAY BLUD Prop Use, 325 Land Use. 90 Structural Elements Foundatlon Floor SysteM E terlor Wall Helght Factor Par ty Wall Structural FraMe Roof FraMe Poof Cover Cablnet & r-lill Floor Flnlsh Interlor FllllSh Total Ulllts Continuous footing Slab on Grade Conc Block/Wood o tlone None flat BUllt Up/Wood Aver'age Carpet Combinatlon Drywall I Heatlng & All' Heatlng&Cooling Pckg Flxtures 11 Bath hIe Electrlc SI1ape F ae tor Quallty Year Bllll t Effeetlve Age Other Depreclatlon Functlon Depreclatlon EconOMic Depreciatlon Floor Only Average Rectangle Ave rage 1,952 25 o o o S"I-"lb Areas Descrlptlon Factor Area Descrlptloll Factor Area 1) Base A rea 1. 00 2,940 n . 00 0 2) Utlllty 55 32 8) 00 0 3) Open Por'ch 30 468 9) 00 0 4) Canopy 25 360 10) .00 0 5) Upper Stry Base Area 90 2,610 11) 00 0 6) 00 0 12) 00 0 Commercial Extra Features Descrlptlon Dl~en8lon8 Prlce Unlts Value RCD Year 1) ASPHALT 800Sf 1. 50 800 1,200 1.200 999 2) HEU PASS 30,000 00 I 30,000 22,200 1,995 3) ELEU STOP J,500 00 2 7,000 5, 180 1,995 4) 00 0 0 0 0 5) 00 0 0 0 0 6) 00 0 0 0 0 TOTAL RECORD VALUE 28,580 Map With Property Address (non-vacant) ~~[!][!]~Bl http //pao co pmellas fl us/htbm/cgl-scrJ?o=l&a=l&b=l&c=l&F 16&s=4&t3=1&u=0& 11/1712004 " Pmellas County Property Apprr '~r III format 1011 08 29 15 15606 000 A"... 1 Page 4 of 5 6R5CS 1 f l I DRIVE 7 \ 1...J'3EW;\ \' BL It [I f CAU~~fl'C c= 00(' I BL liD ,c_l i.J L-..... _ ~ ~I &1 o -I Ui ,; -------~ J~wrV'I~~ ,~- 1/8 Mile Aerial Photograph (2002) http Ilpao co pmel1as f1 us/htbl n/cgl-scr3 ?o= 1 &a= 1 &b= 1 &c= 1 &r= 16&s=4&t3= 1 &u=O& 11/17/2004 Pme1las County Property Apprr ~":r Infol1natlon 08 29 15 15606000 01 ':l \ , r Page 5 of5 , . , , I. . '. . '. . I,., . ~>tk ' \ ~! :;; ~ , , ..' / Pinellas County Property Appraiser Parcel Information BdQk to ScarchYf!gs;. An eXj:):lanatlon 0 f thIs screen http Ilpao co pmellas fl us/htbm/cgl-scr3?0=1&a=l&b=l&c=1&r= 16&s=4&t3=I&u=0& 11/17/2004 . \0 CITY OF CLEAR\V A TER NOTICE OF COMMUNITY DEVELOPMENT BOARD PUBLIC HEARINGS The Community Development Board of the CIty ofClearwdter, Flonda, will hold publIc heanng<; on Tuesday, December 14, 2004, beginning at 200 pm, In the City Council Chambers, In City Hall, 3rd floor, ] J2 South Osceola Avenue, Clearwater, Flonda, to consider the followmg requests: NOTE. All persons wlshinl! to address an !tern need to be present at the BEGINNING of the meetml! Those cases that are not contested bv the applicant. staff. nell!hbonnl! property owners. etc. will be placed on a consent al!enda and approved bv a <;1Ul!le vote at the bel!inmnl! of the meetml! I (cant from Il!16/04) 1504 Garden Inc. IS requesting a Flexible Development approval to pernut retail sales wlthm an eXisting two-story commercial bulidmg With a reductIon to lot area from 10,000 sq ft to 7,720 sq ft, a reductIOn to lot Width (west) from 100 ft to 5081 ft, reductions to the front (north) setback from 25 ft to 19 ft (to eXisting dnd proposed bmldIng) and from 25 ft to 14 ft (to proposed pavement), a reductIOn to the front (west) setback from 25 ft to 15 ft (to proposed pavement), reductIOns to the Side (south) setback from 10 ft to I ft (to eXlstmg and proposed bmldlllg) and from 10 ft to zero ft (to proposed pavement) and a reductIOn to reqUired parkmg from 5 to 4 5 spaces per 1,000 sq ft, as a ComprehenSIVe Infill Redevelopment Project, under the proVISions of Sec 2-704 C, and a reductIOn to the landscape buffer along the south property line from 5 ft to zero ft and a reduction m the Width of the reqUITed foundatIOn landscaping adJ acent to the bmldmg (west SIde) from 5 ft to 3 75 ft, as part of a ComprehenSive Landscape Program, under the proVISIOns of Sec 3-1202 G (Proposed Use. Retail sales and services) at 503 Manhall St., E A Marshall's Sub, Lot 10 & W Yz of vac alley on E FLD2004-020 10 2 Joseph Caraeo. Franco locolano. Anthonv Linares (J T F ASSOCIates) are requesting a FleXIble Development approval to penrut a problematiC use (tattoo and body plecmg establishment) as a ComprehensIve Infill Redevelopment ProJcct, under the proVISIOns of Sec 2-803 C (Proposed Use: Tattoo and body plercmg establIshment) at 432 Pomsettia A ve., Barbour-Morrow Sub, Blk A, Lot 41 FLD2004-09067 3 KB Investment Holdinl!s. Ltd. are requestmg a fleXIble Development approval to for reductlon of the Side (east) setback from 10 ft to 3 ft (to back of curb), a reductIon of the west (Side) setback from 10 ft to 354 ft (to back of curb), a reductIon of the rear setback from 20 ft to 3 ft (to dumpster), a reductIOn 10 the requtred parkmg spaces from 77 spaces to 58 spaces under the proVISIOns of Sec 3-1404 E, and reductIOns to landscape buffers from the reqUired 5 ft to the above stated setback distances, as part of .I ComprehenSive Infill Redevelopment ProJect, under the proVISIOns of Sec 2-704 C and as pdrt of a ComprehenSive Landscape Program, under the proVISion" of Sec 1202 G (Proposed Use: Retail sales and servIces and restaurants) at 2660 Gulf to Bav Blvd. J J Muggs Sub, Blk I, Lot 1 FLD2004.09069 4 City of Clearwater (Clearwater Beach Seafood Co dba Crabby Bill's) are requestmg a FleXible Development approval to construct an awmng over an eXIstIng stdewalk cafe at an eXIstIng restaurant WIth a reductIon to the front (north) setback from 15 ft to zero ft and a reductIOn to the Side (west) setback from 10 ft to four ft, under the proVISIOns of Sec 2-803 J (Proposed Use. Awmng over an eXlstmg sldew<qk cafe at an eXlstmg restaurant) at 37 Causewav Blvd. City Park Sub, Part of Lob 12 & 13 FLD2004-05041 w\f'J 5 La Bella Vista of Clearwater. LLC IS requestmg (I) a Flexible Development approval to penrut attached dwelhngs With reductIons to the front (north) setback from 15 ft to 62ft (to bUlldmg) and from 15 ft to zero ft (to dumpster stagmg pad), reductIOns to the Side (east) <;ctback from 10 ft to 72ft (to bUlldmg) dnd from 10 ft to five ft (to pool deck), a reductIon to the Side (west) setback from lOft to 57ft (to bUlldmg), reductIOns to the rear (south) <;ctback from 20 ft to 115ft (to bUlldmg) and from 20 ft to zero ft (to pool deck), Increases to bUlldmg heIght from 35 ft to 4575 (to roof deck) WIth an addItional 4 17 ft for parapets (from roof deck) and With an additional 14 67 ft for a roof top pavllIon (from roof deck) and to penrut parkmg that IS deSigned to back mto the pubhc nght-of-way, as part of a ComprehenSive Infill Redevelopment Project, under the proVISIOns of Sec 2-803 C (retammg three eXlstmg boat docks for sole use by the property owners), and (2) the Transfer of Development Rtghts for three umts from 200 Bnghtwater Dove, under the provlslOns of Sec 4-1403 (TDR2004-09013) (Proposed Use: Eighteen attached dwellmgs (condommlUm) at 199 - 201 Brll!htwater Drive, Bayslde Sub No 2, Lots 24, 25, & 26 part of Lot 23 & npanan nghts FLD2004-09070/TDR2004-09013 6 CBR Development II. LLC & Florida Clearwdter Beach Hotel Co, (Hunter Hotel Company & Mandalay Investments, LLC) IS requestmg (I) a FleXIble Development approval to pemut .I maximum of 260 overnIght . aCGOnunodatlOn umts, 120 attached dwellmgs and 11,000 ;,q ft of rctaJ! sales and services as a nllxed use (with mcrease m .. denSity of 141 hotel rooms from the Beach by Dcslgn denSity pool), with reduction,> to the front (east along Mdndalay Avenue) setback (between Baymont and Ambler Streets) from 15 ft to eight ft (to buildmg) and from 15 ft to zero ft (to pavement and watcrfall feature), a reductIOn to thc front (south along Baymont Street) from 15 ft to zero ft (to pavement), a rcductlOn to the front (north along Ambler Street) setback from 15 ft to five ft (to bUlldmg), a reductIon to the front (cast along Mandalay A venuc) setback (between San Marco and Baymont Streets) from] 5 ft to zero ft (to blllldmg), a reductIOn to the front (south along San Marco Street) from 15 ft to zero ft (to blllldmg), a reductIOn to the Side (west) setback (Coastal ConstructIOn Control Lme [CCCLJ) from 10 ft to zero ft (to bUlldmg and pool deck) and to allow eXlstmg and proposed Improvements to remam up to 62 ft west of the CCCL, a reductIon to the Side (east and north between San Marco and Baymont Streets) from 10 ft to four ft (to bUlldmg), reductIOns to the SIde (east and north, north of Ambler Street) from 10 ft to one ft (to bUlldmg) and from lOft to one-ft (to pavement), an mcrease to bUlldmg heIght from 35 ft to 95 ft (to roof deck) for the proposed overnight accommodation use (with an addItIOnal 12 - 20 ft for decorative mansard arclntectural embelhshments), an mcrease to bUlldmg height from 35 ft to 150 ft (to roof deck) for the proposed resIdentIal bUlldmg (with an additional 12 - 18 ft for decorative mansard architectural embellishments), a reductIOn to requued parlang from 456 spaces to 431 spaces and deViatIOns to allow stacked parkmg and bUlldmgs Within the vlSlblhty tnangles, as a Comprehensl ve Infill Redevelopment Project, under the provlSlons of Sec 2-803 C, and to ellmmate the reqUired foundatIOn landseaptng along Mandalay A venue and San Marco Street, as d ComprehensIve Landscape Program, under the provIsIOns of Sec 3-1202 G, (2) Prehnunary Plat approval (PLT2004-00016) for three lots, (3) Comprehensive Sign Program approval, under the prOVISIOns of Sec 3-1807 (SGN2004-09020) ,and (4) the vacatIOn of Bedch Dnve (North Gulf view Boulevard) between San Marco and Baymont Streets (Proposed Use: Mixed use (260 ovenught accommodatIOn umt,>, 120 attached dwellIngs and 11,000 sq ft of retail sales and seTVIces) at 470 and 500 Mandalav Avenue and 470.489.490 and 495 Beach Drive. Clearwater Beach Park Sub, Lots 1-13, 43-56, 65-71, and part of Lot 64, the revised map of Clearwater Beach Resub, Blk 10 & 11, and Lots 2-15, Blk 9, and M dler' s Replat Lots 1 & 10 and part of Lot 9 F LD2004- 09068/PL T2004-00016/SGN2004-09020 7 Clearwater Bav Manna. LLC. IS requestmg a FleXible Development approval to penrut 133 attached dwelhng umts and an lUcrease III the penrutted height from 30 ft to 100 ft (as measured from base flood elevatIOn and the mean elevaoon of the SIte) under the provISIOns of Sec 2-903 B (Proposed Use 133 attached dwelling umts) at 900 North Osceola Avenue, J A Gorra' s Sub, Blk 2, Lots 2&3, part of Lot I and V AC NIcholson St, Sue Barco Sub, Lots 13& 14, Lot 23, part of Lot 22, F T Blish's Sub, Lots 1-3, Lots 8~1O and tnnglland to West, Sec 09-29~15 & M&B 1401 FLD2004-07053 Interested partIes may appear and be heard at the heanngs or file vmtten nonce of approval or objection With the PlannIng DIrector or CIty Clerk pnor to the heanngs Any person who deCIdes to appeal any deCISIOn made by the Board, With respect to any matter conSIdered at such heanngs, will need to request and obtam party status by the Board dunng the case diSCUSSion, a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedmgs IS made, which record mcludes the testimony and eVidence upon which the appeal IS to be based per Flonda Statute 286 0105 Connnuruty Development Code Sec 4-206 states that party status shall be granted by the Board If person requestmg such demonstrates that s/he IS substantially affected Party status entitles parhes to personally testify, present eVidence, argwnent and Witnesses, cross-exarrnne Witnesses, appeal the deCISIOn and speak on reconsideration requests An oath Will be admmlstered sweanng all partiCIpants m public hearmg cases If you wish to speak please Walt to be recognIzed, then state and spell your name and proVide your address Persons speakmg before the CDB shall be limited to three nunutes unle;,s an mdIVldualls representing a group m which case the Chauperson may authonze a reasonable amount of time up to 10 nunutes FIVe days pnor to the meetmg, staff reports and recommendatIOns on the above requests will be avadablc for review by mterested parties between the hours of 8 30 a m and 4 30 pm, weekddYs, at the CIty of Clearwater, PlannIng Department, 100 S Myrtle Ave, Clearwater, FL 33756 Please contact Frank Gerlock, Development ReView Manager, at 562-4557 to diSCUSS any questIons or concerns about the project and/or to better understand the proposal and review the sIte plan Tills notice was sent by the OffiCial Records and Legislative Services Department, Cynthia E Goudeau, CMC, City Clerk Cyudl Tarapam Plalll1mg Department CynthIa E Goudeau, CMC CIty Clerk CIty of Clearwater POBox 4748, Clearwater, FL 33758-4748 NOTE Applicant or representatlvc mu,>t be present at the heanng . . YOU ARE BEING SENT THIS NOTICE IF YOU ARE THE APPLICANT OR OWN PROPERTY WlTHIN 200 FT OF THE SUBJECT PROPERTY A COpy OF THIS AD IN LARCE PRINT IS AVAILABLE IN THE OFFICIAL RECORDS AND LECISLATIVE SERVICES DEPT. ANY PERSON WITH A DISABILITY REQUIRING REASONABLE ACCOMMODATION IN ORDER TO PARTICIFATE IN THIS MEETING SHOULD CALL THE OFFICIAL RECORDS AND LEGISLATIVE SERVICES DEfT WITH THEIR REQUEST AT (727) 562-4090. Ad 11/28/04 CLEAR WATER, CITY OF CLEARWATER, CITY OF SEA CAPTAIN PO BOX 4748 PO BOX 4748 526 BELLE ISLE AVE CLEARW A TER FL 33758 - 4748 CLEARWATER FL 33758 - 4748 BELLEAIR BEACH FL 33786 - 3612 CLEARWATER, CITY OF TAYLOR, JOHN S Tn CLEARWATER, CITY OF PO BOX 4748 CIO CLEARWATER-SURFSIDE PO BOX 4748 CLEARWATERFL 33758 - 4748 TR CLEARWATER FL 33758 - 4748 400 MANDALA Y AVE CLEARWATER FL 33767 - 2011 BASKIN, H H EST CLEARWATER, CITY OF COTEL INC OWENS, W D PO BOX 4748 5649 49TH ST N 703 COURT ST CLEARWATER FL 33758 - 4748 ST PETERSBURG FL 33709 - 2105 CLEARWATER FL 33756 - 5507 CLEARWATER, CITY OF CLEARWATER, CITY OF SHAUL & METR LEVY PTNSHP PO BOX 4748 PO BOX 4748 CIO L & L WINGS INC CLEARWATER FL 33758 - 4748 CLEARWATER FL 33758 - 4748 8 E 41ST ST 6TH FL NEW YORK NY 10017 - 6200 HOMER REALTY CO CLEARWATER, CITY OF WINNER, MARLEE A PO BOX 59 CIO FINANCE DEPT 395 MANDALA Y AVE CLEARW A TER FL 33757 - 0059 PO BOX 4748 CLEARWATER FL 33767 - 2010 CLEARWATERFL 33758 - 4748 MAR, A P CORP CLEARWATER, CITY OF KDHW 101 CORONADO DR PO BOX 4748 10 BAY ESPLANADE CLEARWATER FL 33767 - 2429 CLEARWATER FL 33758 - 4748 CLEARW ATER FL 33767 - 1603 CANTERBURY, KATHERINE INC 105 N CORONADO DR CLEARWATER FL 33767 - 2429 CLEARWATER, CITY OF PO BOX 4748 CLEARWATER FL 33758 - 4748 SEA CAPTAIN CIO EIFERT, DONALD F 526 BELLE ISLE AVE BELLEAIR BEACH FL 33786- 3612 CLEARWATER, CITY OF PO BOX 4748 CLEARWATER FL 33758 - 4748 Stephen R towler, AlA Fowler AssoClatcs Archttects, mc 1421 Court Street, SUIte 0 Clearwater, FL 33756 Clearwater Beach AssociatIOn DaVId MacNamee 827 Mandalay Ave Clearwater, FL 33767 Clearwater Neighborhoods CoahtlOn Doug Williams, President 2544 Fnsco Dnve Clearwater, FL 33761