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INTEROFFICE MEMORANDUM DATE: May 9, 2017 TO: Gretchen Schneider, General Manager, Planning & Development FROM: Lori Rivers, Coordinator, Development Applications SUBJECT: Application No. 17-PRE-16 —2959 Fruitville Road & 2959 Rhodes Ave (DS Properties of Sarasota) Enclosed are 12 copies of the application forms and materials pertaining to the above-mentioned application. Please let me know if anything further is required. Application Acceptance Date: May 9, 2017 Enclosures c: Karen Grassett, Senior Planning Technician
Transcript

INTEROFFICE MEMORANDUM DATE: May 9, 2017

TO: Gretchen Schneider, General Manager, Planning & Development

FROM: Lori Rivers, Coordinator, Development Applications

SUBJECT: Application No. 17-PRE-16 —2959 Fruitville Road & 2959 Rhodes Ave (DS Properties of Sarasota)

Enclosed are 12 copies of the application forms and materials pertaining to the above-mentioned application. Please let me know if anything further is required.

Application Acceptance Date:

May 9, 2017

Enclosures

c: Karen Grassett, Senior Planning Technician

CHECK DATE CONTROL NUMBER

CHECK AMOUNT

05/08/17 39239

TOTALS ■ Gross:

274.00 Ded:

0.00 Net:

274.00

TWO . 1;1111\iDiRt

• : lintosIGNATupEsligClUIRED OVER $500.00 "

„VOW AFTER SIX mqgffis TO THE

°RDER CITY OF SARASOTA - OF:

PO BOX 1058 _ SARASOTA FL 342$0

'PAY

vviegpcEs oszk, vr oti1-(AC71-/-v —

39239

05K I

R Obi;f00, -DC

LAW OFFICES or LOCK WAI-TERS, P.A. OPERATING ACCOUNT. 02- tiTH STREET WEST bRADENTON, FL" 34205 -•

" AMOUNT , ****$274.011,..

LAW OFFICES OF BLALOCK WALTERS, P.A. 802 - 11TH STREET WEST • BFiADENTON, Ft 34205 CHECK 39239

DATE DESCRIPTION

• 349 CITY 01- SARASOTA 05/08/17 PRE-APPLICATION CONF. FEE

INVOICE # AMOUNT DEDUCTION NET AMOUNT

39629.000

274.00 274.00

City Auditor & Clerk

134348 clITY

OcS l'ADLUDtc. LakOicks 00e- ()°700

KECEWED FROM

L

FOR

811B -CE

s (9 . CHECK -rr .4- Li

----- CASH

BY

DEPARTMENT

IciY 017ASOTA, FLORIDA

' 1 AdIjX2 IA0

eA4C–.

DTirt,ARS

BLALOCK WALTERS

MI ATTORNEYS AT LAW

WE MAKE A DIFFERENCE

May 9, 2017

Mark P. Bamebey

Anthony D. Bartirome

Robert G. Blalock

Ann K. Breitinger

Anne W. Chapman

Jonathan D. Fleece

Dana Carlson Gentry

Alexander K. John

Charles F. Johnson, Ill

Matthew J. Lapointe

Mary Fabre Le Vine

Jason H. Levy

Melanie Luten

Fred E. Moore

Stephen G. Perry

Matthew R. Plummer

Marisa J. Powers

William C. Robinson, Jr.

Scott E. Rudacille

Jenifer S. Schembri

Robert S. Stroud

Amanda C. Tullidge

Daniel P. VanEtten

Clifford L. Walters

Via Hand Delivery

Lori Rivers, Coordinator

Development Applications

City of Sarasota

Office of the City Auditor and Clerk

1565 First Street, Room 110

Sarasota, FL 34236

Re: Development Application

Pre-Application Meeting Request

Dear Ms. Rivers:

On behalf of our client, DS Properties, LLC., we are respectfully

requesting the scheduling of a Pre-Application Conference. Enclosed please find

and original and twelve (12) copies of the following documents:

1. Check #39239, in the amount of $274.00;

2. Special Power of Attorney Affidavit

3. Development Application Form A, General Information;

4. Development Application Form B, Minimum Submission Checklist;

5. Development Application Form 1, Tiered Flat Fees;

6. Aerial of subject properties;

7. Concept Plan; and

8. Disk containing electronic copies of materials.

Should you any questions or need additional information, do not hesitate

to contact me.

Sincerely

BRADENTON

802 11th Street West

Bradenton, FL 34205

• SARASOTA

2 North Tamiami Trail

Suite 408

Sarasota, FL 34236

• Mark P. Barnebe

941.748.0100 phone

941.745.2093 fax

www.bialockwalters.conn

MPB/jId

Enclosures

Cc: Mike Krajewski

mba rne bey@ bla lockwa Iters.com 1507035/1

CITY OF

,F3MAYAq

CITY OF SARASOTA

DEVELOPMENT APPLICATION

RECEIVED

MAY 0 9 2017

City Auditor & Clerk Development Review Division General Information

APPLICATION [PROJECT] NAME:

[Please Print or Type]

DS Properties of Sarasota, LLC

PROPERTY ADDRESS[ES]: 2959 Fruitville Road and 2959 Rhodes Avenue, Sarasota FL 34237

PARCEL ID NUMBER[S]: 2030130028 and 2030130025

EXISTING PROPOSED

Zone District RMF2 CGD or NT Total Acres / Sq. Ft. Approx. 32,723 sq. ft. Estimated Construction Value [Excluding land costs] $750,000.00

THE FOLLOWING MUST BE COMPLETED FOR TRAFFIC CONCURRENCY ANALYSIS AS APPLICABLE:

Use Veterinary Clinc Veterinary Clinic No. of Employees 20 25

No. of Seats

Hours of Operation Mon-Fri: 8 am to 6 pm, Sat 8 am to 12 noon same

Build-Out Date 2017-2018

THE FOLLOWING MUST BE COMPLETED FOR AMENDMENTS TO THE COMPREHENSIVE PLAN:

Future Land Use Classification r Attach a legal description of the property and a map outlining/showing the parcel.

THE FOLLOWING MUST BE COMPLETED BY THE OFFICE OF THE CITY AUDITOR AND CLERK FOR ANNEXATIONS:

The property is within the Urban Service Boundary: I Signed: I Print:

ATTACH A PROJECT DESCRIPTION including total bldg. sq. ft. and, where applicable, total retail and office sq. ft., number of residential units, and proposed parking.

APPLICATION TYPE [CHECK ALL APPLICABLE]: Adjustment to Downtown Code

o Staff o Planning Board Administrative Site Plan

o Laurel Park Overlay District (LPOD) Amendment to the EDCM/City Code Annexation Appeal:

BOA o PB o CC Boundary Adjustment/Lot Split Review Brownfield Designation Certificate of Appropriateness Community Workshop

o Laurel Park Overlay District (LPOD) Comprehensive Plan Amendment* Development Agreement Development of Regional Impact [DRI] Final Plat/Subdivision "G" Zone Waiver*

Historic Designation Major Conditional Use/Amendment * Minor Conditional Use/Amendment * Miscellaneous Off-Site Parking Agreement

X_ Pre-Application Conference with Development Review Committee

Preliminary Plat Proportionate Fair Share Agreement Provisional Use Permit/Market Provisional Use Permit Extension Regional Activity Center (Expedited)

Rezone without Site Plan* Rezone with Site Plan* Rezone Ordinance Amendment * R-O-W Encroachment Agreement- Major Sidewalk Café (City Code Sec. 30-22) Sidewalk Café Annual Renewal

Site Plan / Site Plan Amendment Site Plan Extension Street / R-O-W Vacation * Street Name Change Shared Parking Agreement TIF Funding Request

D Downtown :1 Newtown Traffic Concurrency - Initial Review Traffic Concurrency Study Urban Central Business District (Expedited) Variance Variance Extension Variance - Limited for Historic Structures Zoning Code Interpretation Letter:

o Downtown o Outside DT Zoning Code Confirmation Letter:

o Downtown o Outside DT Zoning Text Amendment [City Only]

o Check if this application is a REVISION (Amendment) to a previously approved application

o Check if applying for the Affordable Housing Fee Deferral Program and you are fee simple owner of the property

* Community Workshop Required

Fo USE BY THE OFFICE OF THE CITY AUDITOR AND CLERK

RECEIVED BY: APPLICATION NUMBER: FQ& DATE: AMOUNT PAID: In ,00

Form A August 2013

day of , ir7 I hereby certify that all information contained herein is true and correct.

NESSES TO EXECUTION ON BEHALF OF APPLICANT

1,1 SS

cir s

Sitinature of Prope ner, Lessee, Contract Purchaser,

CITY OF SARASOTA

DEVELOPMENT APPLICATION yoms04

GENERAL INFORMATION [Please Print or Type]

I. PROPERTY OWNER, LESSEE, OR CONTRACT PURCHASER [Circle One]:

Name/Title: Mike Krajewski

Company Name: DS Properties of Sarasota, LLC

Company Address: 2959 Fruitville Road

Telephone No: 941-366-1222

Facsimile No: 941-366-3113

E-Mail Address (Optional): [email protected]

City/State/Zip Code: Sarasota, FL 34237

II. AGENT OF RECORD [IF ANY]: The following individual is designated as the Agent of Record for the property owner, lessee, or contract purchaser and should receive all correspondence related to the application review and billing. [Billing information will also be sent to the above-named individual.]

Name/Title: Mark P. Barnebey, Esquire

Company Name: Blalock Walters, P.A.

Company Address: 802 11th Street West

City/State/Zip Code: Bradenton, FL 34205

Telephone No: 941-748-0100

Facsimile No: 941-945-2093

E-Mail Address (Optional): mbarnebeyablalockwalters.com

THE UNDERSIGNED, AS THE PROPERTY OWNER, LESSEE, CONTRACT PURCHASER, OR AGENT [Circle One], acknowledges responsibility for all City expenses associated with the referenced application(s) including time spent by City Staff and Attorneys through the date of issuance of a Final Certificate of Occupancy. [if same as #1 above, note "Same". Not required for Pre-Application Conference with DRC.]

Name/Title: same as #1 above

Company Name:

Company Address:

City/State/Zip Code:

Telephone No:

Facsimile No:

E-Mail Address (Optional):

Print Name

If applicable, community workshop meeting desired date and time requested:

Location:

Submit To: The Office of the City Auditor and Clerk 1565 First Street — Sarasota, Florida 34236

Office Number: 941-954-4160 — Fax Number: 941-954-4113 www.sarasotagov.com

Form A August 2013

111 Y OF

WM-M

CITY OF SARASOTA

DEVELOPMENT APPLICATION

Minimum Submission Checklist The following is to be completed for General Applications

The General Information Form (Form A), Minimum Submission Checklist (Form B-1) and Fee Form (Form 1) are required for all General Applications. All items are to be folded to approximately 8 1/2" x 11" size, collated and assembled into complete sets.

Please note all items requiring a site plan or survey must include an electronic copy (.pdf file) of site plan and survey materials

SUBMISSION REQUIREMENTS FOR GENERAL APPLICATIONS: IF REQUIRED YES N/A

1.

A. Pre-Application Conference with the Development Review Committee — 1 original and 12 copies • If additional information is provided, and 1 original and 12 copies folded to 8 'A x 11" size should be

submitted. Supplementary materials may include a sketch or concept plan, site plan(s), architectural renderings, special studies, detailed narrative, & other items the applicant deems pertinent.

B. Pre-Application Conference with Staff regarding TIF Funding — 1 original and 4 copies • Supplementary materials should be folded to 8 1/2 x 11 size and should include a statement of the public

purpose, should demonstrate the need for public investment; indicate sources and uses of funds; indicate the developer's financial capacity and experience; a narrative demonstrating consistency with city redevelopment objectives; and state the need for additional consultant services, if any.

Traffic Concurrency Initial Review — 1 original and 1 copy • Proposed site plan to include one 8 1/2" X 11" and one 24" X 36"

Traffic Concurrency Study — 1 original and 1 copy • Copies of any plans already submitted or copies of plans being submitted • The Scope of Services for the Traffic Concurrency Study

Determination of concurrency must be made prior to filing a Development application.

Submit prior to filing Application

Submit prior to filing Application

2.

3.

4.

Community Workshops — 1 original and 1 copy • Proposed site plan • Narrative including the following information: Proposed use, height, density, intensity, parking, vehicular

access, landscaping and/or any other applicable information related to the project • Other materials may include a sketch or concept plan, architectural renderings, special studies, etc.

Application submittal does not guarantee a specific Community Workshop date. The Community Workshop, when required, must be held prior to filing a Development Application.

Submit at least 7 usiness ays b d

prior to 14-day notification period

of Workshop Date

5.

Adjustments to the Downtown Code 0 City Staff 0 Planning Board — 1 original and 2 copies • Surveys — all signed and sealed; survey requirement can be waived by the Director (incl. electronic copy) • Narrative and any other supporting documentation indicating how criteria in Section IV-1903 —

Adjustments, Zoning Code 2002 Ed.), as amended, have been met.

6.

Amendments to the City's Comprehensive Plan, ailda Sarasota City Plan — 1 original and 1 copy • Narrative responding to all the questions indicated in Form I • If a text amendment, proposed text. If an illustration amendment, proposed changes • Summary of comments received at the Community Workshop

7.

Annexations — 1 original and 3 copies • Verification the property is within the City's Urban Service Boundary • Legal description of property by Metes and Bounds • Signed & Sealed Boundary Surveys, Property Surveys, and Topographic Surveys by Metes and Bounds • County Zoning & Future Land Use Map applicable to the area • Narrative responding to the following: 1) Reason for the Annexation; 2) Is the request is voluntary; 3) Is

the property contiguous to the City Limits line; 4) County Future Land Use Designation, Equivalent City Zone District, and Proposed City Land Use Designation; 5) If the proposed Zone District requires a City or privately initiated Comprehensive Plan Amendment, and 6) Whether the Applicant wishes to be considered for a small-scale development activitv amendment.

8. Boundary Adjustment/Lot Split Review — 1 original and 1 copy both with a signed and sealed survey

• Narrative • Written authorization of all affected property owners

9.

Sidewalk Café (First time and Extensions) — 1 original and 1 copy • Form M (2 signed originals) • 2 Restaurant menus • 8 1/2" X 11" professional drawing showing outdoor seating including scale and directional • Copy of the Florida Department of Business and Profession Regulation License (Food Permit) and Liquor

License (if applicable) • Copy of the City of Sarasota Local Business Tax receipt and Sarasota County Business Tax receipt • Certificates of Insurance [see Form M)

10.

Provisional Use/Open Air Market — 1 original and 2 copies • Narrative describing the type of market, days and hours of operation, types of signs and any entertainment • Approval letter from property owner(s) identifying site address, owner's name, mailing address, telephone

number and acknowledgment of proposed activity and dates of operation. • 8.5 x 11 sketch of the site identifying the location of all uses and parking if provided.

11.

Regional Activity Center or Urban Central Business District — 1 original and 3 copies • Narrative responding to the questions/criteria indicated on Form 0. • Map delineating the boundary of the proposed area. • Proposed Ordinance delineating a Regional Activity Center or Urban Central Business District, optional. • Summary of comments received at the Communit y, Workshop.

Form B - 1 August 2013

SUBMISSION REQUIREMENTS FOR GENERAL APPLICATIONS: IF REQUIRED YES N/A

12. Revisions/Amendments to Previously Approved Applications — 1 original and 2 copies • Submission requirements will be determined by agreement of Staff and the Applicant

13. Site Plan - Extension of Time — 1 original and 2 copies

• Narrative Submit 30 days

prior to expiration

14 .

Tax Increment Financing (TIF) Funding Assistance Requests — 1 original and 4 copies ••

Narrative including 1) Development Budget for (a) Permanent Financing and (b) During Construction; 2) Construction timeline by Phase/Structure; 3) Detailed Operating Cash Flow Pro Forma.

• 11" X 17" Schematic architectural drawings — a site plan and elevations of all facades

15. Zoning Code Confirmation — 1 original and 1 copy

• Narrative

16. Zoning Code Interpretation — 1 original and 1 copy; a meeting with Staff prior to filing is encouraged

• Narrative

FAILURE TO SUBMIT ALL REQUIRED ITEMS WILL RESULT IN AN INCOMPLETE SUBMISSION

I HEREBY CERTIFY THAT THE STATED INFORMATION IS INCLUDED IN THE SUBMITTED PLANS AND/OR DOCUMENTS.

Property O

wner, L74 ee, Contract Purchasar: or Agent [Circle One]

NOTES:

If a Variance is filed, it must be filed simultaneously with any other land use applications for the same site and filed simultaneously with a re-submittal.

If an Adjustment to the Downtown Code is filed, it must be filed simultaneously with any other land use applications for the same site and filed simultaneously with a re-submittal.

• Re-Submitted Applications require a narrative certified by signature of owner, developer, representative, engineer, or architect responding to each issue raised by Development Review Committee members; a corresponding pointer on plan documents noting where each narrative issue has been resolved; and changes on plan documents indicated with "clouds".

Completion of the Traffic Study averages 30 to 40 business days.

Form B-1 August 2013

Date:

CITY OF SARASOTA

DEVELOPMENT APPLICATION

Tiered Flat Fees The following is a summary of fees applicable to General and Development Applications as adopted by Resolution No. 14R-2448

Designate the applications being submitted under the column indicated with a checkmark ( v ).

APPLICATION [PROJECT] NAME: DS Properties of Sarasota, LLC

PROPERTY ADDRESS[ES]: 2959 Fruitville Road and 2959 Rhodes Ave., Sarasota, FL 34237

PARCEL ID NumBER[s]: 2030130028 and 2030130025

PERMIT! DEVELOPMENT REVIEW TYPE Fees Escrow* v

PRE-APPLICATION FEES:

-Pre-Application Conference with the Development Review Committee [DRC] -Pre-Application Conference with Staff for TIF Funding Assistance [Note: First Pre-Application Fee credited toward application fee upon submittal]

$274.00 a../

APPLICATION FEES:

Credit for Pre-Application Fee, if applicable -$274.00

Zoning Code Confirmation Letter $274.00

Zoning Code Interpretation Letter $603.00

Adjustment to the Downtown Code — Director of Neighborhood and Development Services Review $274.00

Adjustment to the Downtown Code — Planning Board Review $1,645.00 $500.00

Annexation (includes Pre-Annexation Agreement) $0.00 $1,500.00

Boundary Adjustment/Lot Split Review $548.00

Brownfield Designation $2,194.00 $500.00

Certificates of Appropriateness [Note: Costs for advertising, etc., are billed to the Demolition Fund. No fee is charged as long as funds are available.J $0.00

Community Workshop $548.00

Comprehensive Plan Amendment $5,485.00 $1,500.00

Development Agreement $4,388.00 $1,500.00

Encroachment Agreement for Major Encroachments in the Public Right-of-Way $1,645.00 $500.00

3rd and Subsequent Reviews $1,097.00

"G' Zone Waiver $2,194.00 $1,000.00

Historic Designation [Note: No fee is charged as long as Demolition funds are available.] $0.00

Notice of Filing and Notice of Issuance (paid at time of submittal for Building Permit located within the Laurel Park Overlay District) $200.00

Off-Site Parking Agreement/Shared Parking Agreement $1,097.00 $50.00

Proportionate Fair Share Agreement $4,388.00 $1,500.00

Revocable Sidewalk Café Permit Application (up to two tables) -plus $50 for each additional table over two $274.00

Revocable Sidewalk Café Permit Annual Renewal (up to two tables) — plus $25 for each additional table over two $274.00

. Provisional Use Permit/Open Air Market $548.00

Provisional Use Permit Extension $274.00

Street Name Change Request - Plus cost of street name signs $548.00

Regional Activity Center or Urban Central Business District Designation (State Expedited Process) $5,485.00 $1.500.00

Request to Consider Amendment of Previously Approved Application $274.00

Right-of-Way or Street Vacation r

$2,742.00 $1,000.00

Tax Increment Financing (TIF) Funding Assistance - Economic Development/Business Enhancement $2,070.00 $2,930.00

Tax Increment Financing (TIF) Funding Assistance — Public/Private Partnerships $2,070.00 $8,280.00

Traffic Concurrency Initial Review $274.00

Traffic Concurrency Study $822.00

Form 1 October 2014

PERMIT/ DEVELOPMENT REVIEW TYPE I

Fees

°The Escrow Amount is deposited with the Office of the City Auditor and Clerk at the time of application or appeal. In addition to the stated fees, the applicant/appellant is responsible for all costs associated with any legal advertising required. The applicardappellant is also responsible for all costs associated with any application or appeal submitted pursuant to the Zoning Code _billed by the City Attorney's Office and any fees billed by outside consultants, such ate traffic consultant, requl ed. Advertising and legal costs are charged against the Escrow Amount. Charges for advertising and legal costs beyond the Escrow Amount will require the payment of an additional Escrow Amount Any balance remaining in the Escrow Account will be refunded once the application is completed.Any errors in calculation must be resolved prior to receiving sign-off by the Development Review Committee. Note: There is no charge for an application for a Comprehensive Plan Amendment or a Rezoning If part of an annexation.

SITE PLANS AND MAJOR AMENDMENTS*

Site Plan (including all Administrative Site Plans)

Base Cost $5,485.00

Plus $43.00 times the number of dwelling units

Plus $ 0.11 times the number of sq. ft. for non-residential

Plus $ 0.05 times the number of sq. ft. for parking garages

TOTAL $500.00

Site Plan Additional Reviews by Development Review Committee (DRC)

3rd Review $1,097.00

4th Review $1,645.00

5th Review $2,194.00

6th and Subsequent Reviews $2,742.00

Site Plan - Extension of Time $548.00

SUBDIVISIONS*

Subdivision Preliminary Plat Variable

Base Cost $2,194.00

Plus $109 times the number of dwelling units

TOTAL

Subdivision Final Plat Variable

Base Cost $3,291.00

Plus $109 times the number of dwelling units

TOTAL $1,000.00

APPLICATIONS AND AMENDMENTS AUTHORIZED BY THE ZONING CODE

Major and Minor Conditional Use including Amendments (Site Plan required) $0.00 $500.00

Development of Regional Impact $3,291.00 $1,000.00

Rezoning Without Site Plan* Variable

Base Cost $6,582.00

Plus $109 times the number of quarter acres or fraction

TOTAL $1,000.00

Rezoning With Site Plan* Variable

Base Cost $4,388.00

Plus $109 times the number of quarter acres or fraction

TOTAL $500.00

Rezoning Ordinance Amendment $3,291.00 $500.00

Variance - Residential $1,645.00 $500.00

Variance - Non-Residential $2,194.00 $500.00

Variance - Extension of Time $274.00

Variance — Limited Administrative Review for Historic Structures $274.00 _

All Appeals Authorized by the Zoning Code to the Board of Adjustment, Planning Board, or City Commission including, but not limited to, Appeals regarding Site Plans; Administrative Orders/Interpretations; Certificates of Appropriateness; Minor Conditional Uses . Provisional Use Permits . or Ad ustments

$1,097.00 $600.00

FINAL TOTAL 4Z1(4.° *Questions in calculating the amounts can be directed to Gretchen Schneider, GM., Planning & Development: 941.954.4156

PREPARED BY: DATE:

SIGNED: VERIFIED BY:

Form 1 October 2014

CITY OF SARASOTA

DEVELOPMENT APPLICATION

WKFI Special Power of Attorney Affidavit - Corporation

17 This5---d day of )1 , 2017,1, Mike Kraiewski as President [title of

officer] of DS Properties of Sarasota. LLC [name of corporation], a Florida [state of incorporation]

limited liability company, on behalf of the business as the owner/contract purchaser [circle one] of

2959 Fruitville Road (PID2030130028) and 2959 Rhodes Avenue (PID 2030130025), Sarasota,

FL 34237 See attached legal description, attached as Exhibit "A", [describe zoning lot(s) by

address and tax PIN number and attach legal description] make, constitute, and appoint Mark P.

Barnebey, Esquire of Blalock Walters, P.A.. 802 11th Street West. Bradenton. FL 34205 [insert address],

my true and lawful attorney-in-fact, and in my name, place and stead giving unto said

Attorney

full power and authority to do and perform all acts and make all representations necessary in connection

with the following Development Approval Application(s) filed with the City of Sarasota: Rezone. The right,

powers and authority of said attorney-in-fact herein granted shall commence and be in full force and effect

on May 1, 2017, and shall remain in full force and effect thereafter until actual notice, by certified mail,

return receipt requested is received by the Office of the City Auditor and Clerk for the City of Sarasota

stating that the terms of this power have been revoked or modified.

yulle-yer-- ,ipso?vori c&e. [Name of Business]

Print Name: fre7K-67— Title:

STATE OF FLORIDA COUNTY OF SARASOTA

7 AV The foregoing Special Power of Attorney Affidavit was acknowledged before me this .7 day of

by vie/5-1,‘4,r [title of officer] of d 3 golfer!, 5 oe OldKed [name of business], on behalf of the business. He/she is personally known to me or has produced

411/1/14.5 i/C4/. ~ 2 as identification.

il4 277 doWs.A.A.rwr...A.fird,"_ft,

Notary Public State of Florida 1; William Martin e My Commission FF 038108

Expires 08/18/2017

Notary Publ .)

• State of Florida at Large WILLIAM MARTIN

My commission expires: Form G

December 2006 1500830/1

DS Properties, Inc.

2959 Fruitville Road and 2959 Rhodes Avenue

Applicant wishes to expand current veterinary clinic. This would include adding an additional building

onto 2959 Rhodes Avenue Parcel, relocate existing grooming and bathing area to new building, and

expanding 3 existing exam rooms to 5 exam rooms and providing more recovery area for in-patient

treatments.

ORDINANCE% Na. 8.7-3042 • . - •

_ . . • , . . AN 'ORDINANCE OF THE CITY:OF SARASOTA,. FLORIDA1., ADTHORIZING THE RECONSTRUCTION AND,RELOCATION'or , AN OFFICE FOR THE - PRACTICE.OF liETERINARY.NEDICINE - CONSTITUTING. A, NON.CONFORMING USE OF PROPERTY- IN THE RMF:-2 ZONE; PROVIDING THAT • THE.• RIGHT TO ... :MAINTAIN SAID NON-CONFORMING USE MAY BE TRANSFERRED; TO.AMIXENT.PROPERTYTELD IN 'COMMON OWNERSHIPt• MAKING CERTAIN.FINDINGS-PERTAIIING-TO THE BASIS AND TMCESSITY , FOR SDCWRECONSTRUCTION AND RELOCATION OF THE -.STRUCTURE-, CONTAINING THE NON-CONFORMING- 08Ev PROVIDING'FOR.READING BY TITLE. ONLY AND PROVIDING FOR AN EFFECTIVE DATE.

- • WHEREAS, Dr Ralph S. Wilhelm and Peggy :Y. WAhelM Own :a:

parcel of real propetty located on . thenorth side of • Fruitviliel : RoadjS.R.. 780) within the :corporata -limita ot the City , Of:. Saraeota; and,_ . •

WHEREAS, the sonthern Portion of said- prOperty,•oonsiating 'of Lots I, -2, 4 and 7, Blocc..!G",'Plat Of Avian Subdivision' Is zoned RM1-2 and the northern portion of. said, oOnsisting, of Loth' 9„:10.and'12, Block °C", Plat of Avion Subdivision Zoned RS12; and-,. - • . . •

:.WHEREASiDr. RalphS. Wilhalm,has maintained, an officiator the practice-of veterinary medicine upon.Lote.1 and.2 ('zmeld RMF7'; 2):kor approximately tAfenty7ftve (25).yeare

WHEREAS,'the . FlOrida Department of Transportation (D:O.T) has acquired the southerly portion of Lots'l and 2. for the purpose of constructing improvements to FrUifville Road (SR. 780); -and, ' • . . . .

. WHEREAS the -above referenced office structure is situated - almost entirely upon thatAvrtion of Lots I add 2 which.hee been acquired by the D.O.T; and,. .2 - .- .. '. '

' • -, -. . • ..: . .. _ _ :WHEREAS; the remainder of the'RMF-2 zoned portion of parcel exCeeds . theminiMum.ldt site and widW-rObitements for ' office etructurea ln.the Office;Professional Business lom

. .

zone; and, ' % . . _ .

WHEREAS:: the DoILT Construction - schedule will necessitatethe demolition orremoval.of thaexisting -VeterinarY'offices by January . 1987Y'and:, • ' -

. . . WHEREAS, -a veterinarian's office . is nOt:.i' permitted, 'use ef': .

! . property . in the'RMF-2:zonadistrict; and,' . • •

'WHkREAS,-the exieting'veterinary.ofgipe 'Maintained by'pr. :Wilhelm le a legally non-ConforMing use in the'RM1.7.2.zone; and,-.

• • • . . . . • WHEREAS,. the city Commission, for the reasons herein set . forth„desired to.authorize.the reconstruction •anci.relocation.of-,

'the.structuile containing the non-conforming use subject to the terms.hereoff . . .

NOW THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF :SARASOTA,'-FLORTDA:

.Section 1. RECOkSTWCTION OF WON-CONFORMING .USE:-

The City CoMmission hereby authorizes the Construction'of_at , _ - . - _ •

new structure to 1:?e utilized . as . an'office for the pract"i4e . of . • • • . .

...Veterinary Medidineuponthe'f011owiug - describedealpr4ertY

,ocated • Within the corporatelimits of the City of Sarasota

All of Lots 5 .and 7, Block •!%", Plat of .Aykon

Subdivision,. a- recorded Pint' • Book 1, Pages 112 • . and 1 .13 of the Public Records of:Sarasoia,County,

Florida and lots l and '2„ Block "0": •, said Plat .of - . . Avion Subdivision, LESS TlfAT PORTION. described in D.O.T 'peed of Parcel 179,1; •Section . '11040-2516; . State Road 780,.. Sarasota :CoantY, Florida; ,i'repared

. by W.R. 'MC.Cluslcy, - Department of Transportation;; •dated auly.: 16, 1985.'

: • . • . . . . . . . subject to all of the terms and conditions hereinafter set forth, . , .

, • .

' . - gectrion .2. FINDINGS.

The ,,City 'Commission hereby makes the following 'findings as

• the basis for the authorization granted herein: .

1. . 'Tha -1 e 600..of the existing iiiffiC . structiire hap •

. occurred due' to. event a .which'.Ware • :beyond the••, -

• centrol• of 'the' p;roperty 'o.wnera [Le. the:- - Aeidening ••:.

and - ..improvement. • of ..Fruityille Road (S.R". :780y, by . ' :. • the •b:O.T.] • and was 'not . brought , :about by the.

... • ,. ..•. • :.•.. •.% '. . .'- voluntary action of the property.Owoers,:

. . . . . Z. A professional offica•use - on the subject parcel is•

cOnaisterit - With the 1986 . City:of-Sarasota Conipiehensiva, Plan. . . • ..•. • .•.. • . , . . . • . .•

3'. At the present -time, .the. City•Commisaion.•hda not. .acted to fully' implement the -1986 Comprehensive . Plan' by appropriate Code'. amendments ; which would •

• - facilitate the use of the parcel . ' as: . am'. office for . ' the practioie of veterinary medicine; -; Such., pending. Code amendments may not. be . finally .eriaoted'by..the.

• time the exiitihg• •stiiictture on the pe.rcel: „it 'deriolished.• . .

' . - . . ., .. .. ., •.• -. .

. , . , . . 4.. Failure to provide a - present means _of relief, would:.

rpault id an unneOessary hardship tp the property &Omer.- : ' . '

' . : •

5. .' 'The construction of a new ,strneture on the, site is consistent •withthe City. Commission policy to

• discourage the converelon moVing.of existing . Structures for office use along major arterials and interstate conneotors;'*- : • •

The • property. Owner has' sufficient ContigUOuEi property, remaining af-ter the ; taking . by DOT to • • permit the constriiption of a ,neW office strixctare

conformity with the atandardth ,eipplicable .in the . . 0PI3 zone district. •' '; : t. '

, . • • SectiOn 3. CONIATIONS OF, RECONSTRUCTION.

The authorization granted tb .reconatrnot the atructure •

containing* a non-pcnfcrming use an office for the practice,

following terms and conditions, • .

.. The strUCture ahall be utilized exclusively as an . offiee for the practice Of-veterinary medicine and

' for 'no . 0 -0er' purposes whatsoever; • The strticsture; shall not be utilized as a kennel in .

•• animals are boarded. .•;

The .istructure shall be constructed in conformity with all of the zone dietrict regulations applicable to professional office, structures' in the OPB zone district, including..but not limited to, maximum lot coverage, minimum yard. reguire ments, Maximum height limitations, - minimum"off-7:.*

.street parl4ng 'requirements, sign limitatiohs, arid, landscaping and barex keqUirwilents. • •••'

Veterina=y medicine) is hereby . made expreSaly:,anhject to the

reading.• . • " '

bulletin boerd. at City lieU for at iesast." . three (3)...cleyli..prior, to •

first reading, es. .'author.iscia.by..Article • 'IV; • Seci.tiOn'iccii: ....9c..titta,...

Charter' of 'the, City. ef : .Seireeota'i Florida., thie•'',%3rd

.• November. r

PAeSha..on.seconA reading and 1ine.11y adopted the

'NOveMber . - 1986: '

fURA-t e-( • CITY AUDITOR AND CLERK

The 'legal' statue Of :the" yeterineri.offiCe In the . 414F-2 zone shall continue *sa . a non-Cohforming• use '

Of a:Major structure' Under .Section 9 -$ of the City • of Sarasota 'Zoning

• . • . . • • Section 4; -.INTENT AND CONSTRUCTION'...

. . It is • the Sole • intemb. •and purpose of this Ordinance to . .• . . • .

i)Prrairt the transfer of the right' to :maintain an existing non-'

Conforming use to contiguous 'property held in Cc:lemon. os ■inership.

Nothing herein Shall be construed as • an antencimerit to the City of

Sarasota ' Zoning : Code or to allOiir 4 veterinarian'S :offices as a • . , •

permitted . use. :in either the RHP-2 or the OpB *One . district. ,

Although : is ant icipated that the parcel . deeeibed . tieesin will

be the sUbject. , .of : a rezoning' petition • in the :foreseeable , future,

notbing herein shall be construed Or'.interpreted t6 require the .

city Commiss'inii to eat. favorably upon Said petition or to rezone..

' • ' the parcel at anytime in the fUture.:

The City . COmMiesion. hereby : finds that this Ordirkaiic'e is

based upon. faCtUal circumstaneias 'which are unique to the Subject.

.parcel, and thus' Shall not be taken or construed as PreCedent -. in . . • . .

the future. It, is] . .th.e . intent of the; City COMm_iission :thist - .anY

future . requests for eis0.1a:r action shall he'•con'S .iderecl and

evaluiited upon Oinin merits without reganil to the provisions

.• - hereof.

' Secti*n 5. EFFECTIVE

• . This Ordinance .shal.r. teka .effect imthecliately, i;xPon -second

, . • • --- . . . PASSED on first reading by titleConly, ,. aftei4Oat.ing on the

••

- . •

Building 2


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