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REZ2008-07007, 2855 GULF TO BAY BLVD - to be Continued from September 16, 2008 to October 21, 2008 , ~ CY.cuL4c> . ~ REZ2008-07007 2855 GULF TO BAY BLVD BELLA TERRA PLANNER OF RECORD: MHR ATLAS # 300B ZONING: C LAND USE: CG RECEIVED: 07/02/2008 INCOMPLETE: COMPLETE: MAPS: PHOTOS: STAFF REPORT: DRC: CDB: CL WCoverSheet ., CDB Meeting Date: Case Number: Addresses: Agenda Item: September 16, 2008 REZ2008-07007 2855 Gulf to Bay Boulevard F-2 CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT BACKGROUND INFORMATION OWNER! APPLICANT: BVG Acquisition, Inc. REPRESENTATIVE: Katherine E. Cole, Esq.; Johnson, Pope, Bokor, Ruppel & Bums, LLP (911 Chestnut Street, Clearwater, FL 33756) LOCATION: 28.35 acres more or less, located approximately 150 feet south of Gulf to Bay Boulevard between Cross Street ( east) and Sky Harbor Drive (west). REQUEST: Rezoning from the Medium Density Residential (MDR) District to the Medium High Density Residential (MHDR) SITE INFORMATION PROPERTY SIZE: 1,234,926 sq ft or 28.35 acres mol DIMENSIONS OF THE PROPERTY: Irregular (approximately 1,250 feet deep) PROPERTY USES: Current Uses: Proposed Uses: Detached Dwellings (Independent Living Units) and Assisted Living Facility Detached Dwellings (Independent Living Units), Assisted Living Facility and Nursing Home [Life Care Center] PLAN CATEGORY: Current Category: Proposed Category: Residential Medium (RM) Residential Medium (RM) ZONING DISTRICT: Current District: Proposed District: Medium Density Residential (MDR) Medium High Density Residential (MHDR) Community Development Board - September 16, 2008 REZ2008-07007 - Page 1 of 7 j EXISTING SURROUNDING USES: North: Restaurants and Retail Sales South: Mobile Home Park and Old Tampa Bay East: Detached dwellings West: Mobile Home Park and Clearwater Mall ANALYSIS: This rezoning application involves 28.35 acres of property owned by BVG Acquisition, Inc. The subject property is located approximately 150 feet south of Gulf to Bay Boulevard between Cross Street (east) and Sky Harbor Drive (west). It is occupied by Bayview Gardens, which includes 229 attached dwellings (independent living units) and 94 assisted living facility beds. The property has a Future Land Use Plan (FLUP) category of Residential Medium (RM) and is zoned Medium Density Residential (MDR). The applicant is requesting to rezone the property to the Medium High Density Residential (MHDR) District in order to redevelop the site into a life care center consisting of 229 attached dwellings (independent living units), 170 assisted living facility beds and 40 skilled nursing beds (see companion case FLD2008-05012). Nursing homes are not permitted in the current Medium Density Residential (MDR) zoning district. The underlying Residential Medium (RM) future land plan use category allows 15 units per acre. Independent living units are considered dwellings for the purposes of density calculations. Assisted living facilities and nursing homes are considered residential equivalent uses and for the purposes of calculating density, 3.0 beds are equal to one dwelling unit. Since the land use designation of the property is not changing, the maximum allowable density of the site is not changing (425 dwelling units or 1275 beds or some combination thereof). The proposed redevelopment of the site will result in a total of 299 units [229 dwelling units (independent units) and 210 assisted living and nursing beds (which is equal to 70 units)]. The maps attached to the staff report illustrate the site boundaries with a red outline, which is based on the property survey. The City's base maps show the existence of some upland to the south of the outlined property. The base maps are inconsistent with the property survey and the Engineering Department will correct the discrepancies. I. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN [Section 4-602.F.l] Recommended Findings of Fact Applicable Goals, Objectives and Policies from the Clearwater Comprehensive Plan in support of the proposed rezoning are as indicated below: 3.2.1 Policy - Land Uses on the Comprehensive Land Use Plan Map shall generally be interpreted as indicated in the following table. The intensity standards listed in the table (F AR - floor area ratio; ISR - impervious surface ratio) are the maximum allowed for each plan category, except where otherwise permitted by special area plans or redevelopment plans approved by the City Commission. Consequently, individual zoning districts, as established by the City's Community Development Code, may have more stringent intensity standards than those listed in the table but will not exceed the Community Development Board - September 16, 2008 REZ2008-07007 - Page 2 of 7 . maximum allowable intensity of the plan category, unless otherwise permitted by approved special area plans or redevelopment plans. Excerpt from Table PRIMARY MAX. DENSITY/ CONSISTENT PLAN USES PER PLAN INTENSITY PER ZONING CLASSIFICATION CATEGORY PLAN DISTRICTS CATEGORY Residential Medium Medium Density 15 Dwelling Medium Density Residential (MDR); Medium High Density (RM) Residential Units Per Acre Residential (MHDR); 16.1.1 Policy - Maintain sufficient residentially zoned acreage, of varying densities and locations, to accommodate the existing and future housing needs of the City of Clearwater. Recommended Conclusions of Law As stated earlier, the property has a future land use plan designation of Residential Medium (RM). The Clearwater Comprehensive Plan and Community Development Code specifies that the proposed Medium High Density Residential (MHDR) zoning district is consistent with the Residential Medium (RM) category. The Medium High Density Residential (MHDR) District provides a wider range of residential equivalent uses to be accommodated on this property and enables a continuum of care to be provided in the proposed redevelopment. The Medium High Density Residential (MHDR) District is located adjacent to the west of the site and is consistent with the commercial and residential categories found to the north and east. The proposed rezoning is therefore consistent with the Clearwater Comprehensive Plan. II. COMPATIBILITY WITH SURROUNDING PROPERTY/CHARACTER OF THE CITY & NEIGHBORHOOD [Sections 4-602.F.2, 4-602.F.3 & 4-602.F.4] Recommended Findings of Fact Gulf Boulevard Corridor Gulf to Bay Boulevard is a six-lane roadway with a center turn lane, which carries vehicular traffic between Tampa and Clearwater Beach. The surrounding area is characterized by commercial and residential uses. The area has a mixture of commercial and residential plan categories that allow for 15 (Residential Medium) to 30 (Residential High) dwelling units per acre. Immediately to the north of the subject property is retail sales and service, restaurants, a nursing home and a church. The property has zoning designations of Commercial (C) and Institutional (I) with underlying future land use plan designations of Commercial General (CG) and Institutional (I). Community Development Board - September 16, 2008 REZ2008-07007 - Page 3 of 7 To the east are detached dwellings, Medium Density Residential (MDR) zoning and a Residential Medium (RM) future land use plan category. To the south of the subject property is Old Tampa Bay. To the west is a nursing home, fire station, Clearwater Mall and a mobile home park. There are zoning designations of Institutional (I), Office (0), and Mobile Home Park (MHP) and future land use plan categories of Institutional (I) Commercial General (CG), Residential Office General (R/OG), and Residential Low Medium (RLM). Section 2-401 of the Community Development Code, titled "Intent and purpose'.' states: The intent and purpose of the Medium High Density Residential District ("MHDR") is to protect and preserve the integrity and value of existing, stable residential neighborhoods of medium high density while at the same time, allowing a careful and deliberate redevelopment and revitalization of existing neighborhoods in need of revitalization or neighborhoods with unique amenities which create unique opportunities to increase property values and the overall attractiveness of the City. Recommended Conclusions of Law The proposed rezoning is compatible with the surrounding residential, commercial, and institutional uses. The proposed MHDR zoning district will be in character with the surrounding properties and is consistent with the surrounding zoning. Furthermore, the existing use of the site is consistent with the requirements of the proposed MHDR District and will enable the revitalization of this site. III. SUFFICIENCY OF PUBLIC FACILITIES [4-602.F.5] Recommended Findings of Fact As stated earlier, this rezoning application involves 28.35 acres of property. Based on a maximum allowable density of 15 dwelling units per acre in the existing Residential Medium (RM) category and proposed Medium High Density Residential (MHDR) zoning district, the property could support 425 dwellings units/1,275 beds. The proposed redevelopment of the site will result in a total of 299 units [229 dwelling units (independent living units) and 210 assisted living and nursing beds (which is equivalent to 70 units)]. Roadways Specific uses in the current and proposed zoning districts have been analyzed for the number of vehicle trips that could be generated based on the Institute of Transportation Engineer's Manual, as well as the specific proposal submitted in the companion case FLD2008-05012 (see agenda itemF.l). Community Development Board - September 16, 2008 REZ2008-07007 - Page 4 of 7 Continuing Care 323 living Retirement Community(1 ) accommodations (2.91 trips/ (229 units + 94 accommodation beds 940 N/A 0.29 94 N/A Existing MDR District Maximum Develo ment Potential Residential Units(2) (5.86 tri s/unit 425 units(3) 2,490 N/A 0.52 221 127 Assisted Living Facility(4) (2.74 tri slbed) 1,275(5) 3,493 N/A 0.38 484 390 Proposed MHDR District Pro osed Develo ment Continuing Care 439 living Retirement Community(1) accommodations (2.91 trips/ (229 units + 170 accommodation) beds + 40 beds) 1277 N/A 0.29 127 33 Proposed MHDR District Maximum Develo ment Potential Residential Units(2) (5.86 tri s/unit 425 unitS(3) 2,490 0 0.52 221 127 Assisted Living Facility(4) (2.74 tri slbed 1,275(5) 3,493 N/A 0.38 484 390 (1) Institute of Transportation Engineer's Trip Generation ih Edition Land Use 255, Continuing Care Retirement Community - traffic generation is based on the total living units (units, rooms and beds) - not based on units as determined by the City's method for calculating density for residential equivalent uses. (2) Institute of Transportation Engineer's Trip Generation ih Edition Land Use 230, Res. Condo/Townhouse (3) Total dwelling units per acre permitted by the underlying Residential Medium (RM) future land use category of 15 units per acre - 15 x 28.35 acres = 425 units. (4) Institute of Transportation Engineer's Trip Generation 7th Edition Land Use 254, Assisted Living - traffic generation is based on the number of occupied beds - not based on units as determined by the City's method for calculating density for residential equivalent uses. (5) Total beds permitted by the underlying Residential Medium (RM) future land use category - 425 maxImum allowable units x 3 beds = 1275 beds. Community Development Board - September 16, 2008 REZ2008-07007 - Page 5 of 7 The 2007 Transportation Level of Service (LOS) manual from the Pinellas County Metropolitan Planning Organization assigned the Gulf to Bay Boulevard segment between Sky Harbor Drive and Hampton Road a LOS of F. This proposed rezoning does not alter the maximum development potential of the site, however, it does expand the available allowable uses to include nursing homes and residential shelters. The site is currently developed with independent and assisted living units and is not developed to the maximum allowed. The proposed redevelopment will expand the number of assisted living facility units and add nursing beds as well but will not approach the maximum allowed by the current future land use category. Based on the ITE Trip Generation Manual the proposed redevelopment of the site will result in an increase of 33 PM Peak trips compared to the existing development. This increase is minor and will not negatively impact the LOS for Gulf-to-Bay Boulevard. In the event the site is redeveloped with either residential uses or a development with more residential equivalent uses than proposed, a traffic study would need to be submitted at the time of site plan review to ensure that transportation concurrency requirements are met. Mass Transit The Citywide LOS for mass transit will not be negatively affected by the proposed zoning atlas amendment. The total miles of fixed route service will not change; the subject site is located along an existing transit route and headways are less than or equal to one hour. Water As no change is proposed to the underlying future land use designation, the proposed rezoning will not impact the City's current LOS for water. Although redevelopment may generate a greater demand for water, the City has adequate capacity to serve any increases. Wastewater As no change is proposed to the underlying future land use designation, the proposed rezoning will not impact the City's current LOS for wastewater. Although redevelopment may create more wastewater the City has adequate capacity to serve any increases. Solid Waste As no change is proposed to the underlying future land use designation, the proposed rezoning will not impact the City's current LOS for solid waste disposal. Although redevelopment may create additional solid waste, the City has adequate capacity to serve any increases. Recreation and Open Space Impact fees may be required. This fee is addressed through the site plan process and any required payment would be due prior to the issuance of building permits. Recommended Conclusions of Law Based upon the findings of fact, it has been determined that the traffic generated by this rezoning will not negatively impact the existing LOS to the surrounding road network. Further, there is a minimal impact to water, wastewater and solid waste service. Open space and recreation facilities and mass transit will not be affected by the proposed zoning atlas amendment. Community Development Board - September 16, 2008 REZ2008-07007 - Page 6 of 7 # IV. LOCATION OF DISTRICT BOUNDARIES [Section 4-602.F.6.] Recommended Findings of Fact The location of the proposed Medium High Density Residential (MHDR) District boundaries is logical. It is compatible with the adjacent zoning districts located to the immediate north, east, and west and to the south is Old Tampa Bay. The district boundaries are appropriately drawn in regard to location and classifications of streets, ownership lines, existing improvements and the natural environment. Approval of this zoning atlas amendment does not guarantee the right to develop on the subject property. Transportation concurrency must be met, and the property owner will have to comply with all laws and ordinances in effect at the time development permits are requested. SUMMARY AND RECOMMENDATION: An amendment of the zoning atlas from the Medium Density Residential (MDR) District to the Medium High Density Residential (MHDR) District for the subject property is requested. The property exceeds the minimum lot area and lot width requirements for attached dwellings, an assisted living facility and a nursing home. The proposed rezoning is compatible with the existing neighborhood and is compatible with the existing future land use category and reflects the current use of the property. The proposed Medium High Density Residential (MHDR) District is consistent with the City Comprehensive Plan, is compatible with the surrounding area, does not conflict with the needs and character of the neighborhood and City, does not require nor affect the provision of public services, and the boundaries are appropriately drawn. Based on the above analysis, the Planning Department recommends APPROVAL of the following action on the request: Amend the zoning atlas designation of 2855 Gulf to Bay Boulevard from the Medium Density Residential (MDR) District to the Medium High Density Residential (MHDR) District. Prepared by Planning Department staff: t 'Michael H. Reynold , Attachments: Application Location Map Aerial Photograph Future Land Use Map Zoning Map Existing Surrounding Uses Map Site Photographs Community Development Board - September 16, 2008 REZ2008-07007 - Page 7 of 7 . Resume Michael H. Reynolds, AICP 100 South Myrtle Avenue Clearwater, FL 33756 727-562-4836 mike.revnolds(a),mvclearwater .com PROFESSIONAL EXPERIENCE . Planner III City of Clearwater March 2003 to present As a member of the Long Range Planning team, I draft text amendments to the City Code. Review small to large scale development proposals for conformance to the City Code. Prepare staff reports in readiness for department and Community Development Board meetings. Responsible for providing informational assistance to the public and developers concerning development plans. Research land use and assemble planning data. . Executive/Principal Planner Hillsborough County, Florida November 2001 to March 2003 As Citrus Park Village Community Plan Project Manager, worked with citizens and County staff to bring Comprehensive Plan Amendments forward for Planning Commission and Board of County Commissioners approval. Member of the joint Planning Commission-Planning and Growth Management professional planning team to guide the development of a community plan for a 384 square mile land area. Worked with other professional planners to assemble community-based plans within Hillsborough County. As County Brownficlds Director, assisted applicants seeking Brownfields designation approvals. Reviewed rezoning proposals. Presided over a meeting with Hillsborough and Pasco counties to discuss annexation issues. . Community Development Director City of Madeira Beach, Florida June 2000 to November 2001 Organized resources to make community development efficient and responsive in a fast-paced tourism-based economic environment. Established procedures to improve the speed of development plan reviews. Introduced a project to develop a community vision. Prepared two successful State grant applications for waterfront recreational site development. Responsible for reviewing coastal construction issues and flood plain management. . Town Planner Town of Hudson, NH September 1987 to June 2000 Updated plan review methods. Managed Impact Fees and Geographic Information Systems development projects. Co-founder and officer of the Hudson Economic Development Corporation. Prepared a successful application for Federal funds to introduce bicycle lanes and sidewalks. Wrote an application for State funds that resulted in the purchase of393 acres ofland for open space protection. Applied for Federal grant funds to redevelop a waterfront park. r . Director of Planning & Economic Development City of Somersworth, NH August 1984 to September 1987 Developed a major adaptive use project to creatively reuse a 19th Century textile mill, involving more than 200,000 square feet of building and seven acres of river front land. Prepared three successful Federal grant applications resulting in the award of $230,000 for public facility improvement, historic district development, and recreational park revitalization. Organized the formation of a Chamber of Commerce. . City Planner I City of McAllen, TX September 1983 to August 1984 Downtown revitalization planning and promotion; long range planning, including land annexation; current planning, including site plan and subdivision review. . Planning Assistant City of New Berlin, WI September 1981 to May 1982 Systematically assembled data for the evaluation of existing land use on the Lincoln Avenue Corridor; developed a sign ordinance revision, which was approved by the Common Council and implemented. . Assistant to Secretary of State State Capitol, Hartford, CT February 1977 to August 1980 Personal assistant to Secretary of State Gloria Schaffer; presented a resolution before the State Legislature's ..(A:l.ppropriations Committee to preserve a major functiop of the office. EDUCATION Master of Urban Planning, University of Wisconsin-Milwaukee, 1982 BA; Political Science, Marquette University, 1975 Saint Leo College, 1971 - 1973 LICENSES & CERTIFICATES American Institute of Certified Planners (AICP) ASSOCIATION MEMBERSHIP American Institute of Certified Planners American Planning Association Northern New England Chapter New Hampshire Director, 1994-1995 New Hampshire Planning Association Vice President, 1988-1989 Toastmasters International CITY OF CLEARW~r~~ \~ \,\..'l'I~::J \;- , APPLICATION FOR ZONING.~T~.~~~Mn;.t )' PLANNING DEP AR'fmNIr- '\ \ MUNICIPAL SERVICES BUILDING, 100 SOUTI\I ~E A~, r_R' \".,i PHONE (727) 562-4567 FAX G7 7) ~1457"" APPLICANT, PROPERTY OWNERS, AND AGENT INFORMATION: ~1\ t'J ~ . ; , C~', l y""I.! (\".- [r..; APPLICANT NAME: BVG Acquisition. Inc.. MAILING ADDRESS: 4300 N.W. 89th Blvd., Gainesville, FL 32606 PHONE NUMBER: 352-337-8686 FAX NUMBER: 352-337-8610 PROPERTY OWNERS: BVG Acquisition, Inc. (List all owners) AGENT NAME: Katherine E. Cole, Esq., of Johnson. Pope. Bokor, Ruppel & Burns. LLP MAILING ADDRESS: 911 Chestnut Street. Clearwater. FL 33756 PHONE NUMBER: 727-461-1818 FAX NUMBER: 727-462-0365 SITE INFORMATION: LOCATION: South side of Gulf-to-Bav Blvd.. in between Sky Harbor Dr & Cross B1 vd. STREET ADDRESS: 2855 Gulf-to-Bay Blvd. LEGAL DESCRIPTION: See Exhibit "A" attached hereto PARCEL NUMBER: a portion of 17-29-16-03006-000-0200 EXISTING ZONING: MDR PROPOSED ZONING: LAND USE PLAN CLASSIFICATION: MHDR RM REASON FOR REQUEST: 28.32 acres m.o.l. See Exhibit "B" attached hereto SIZE OF SITE: I, the undersigned, acknowledge that all representations made in this application are true and accurate to the best of my knowledge. STATE OF FLORIDA, COUNTY OF PINELLAS Sworn to and subscribed before me this I ~ t. day of .::rwly ,A.D., ')9{ 200Sto me and/or by Katherine E. Cole ,who is personally known has produced as identificati~n. t . ~~ my commission expires: ~~.~ Signature of property owner or representative Katherine E. Cole, Esq. Page 1 of2 CITY OF CLEARWATER PLANNING DEPARTMENT MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, 2nd FLOOR PHONE (727)-562-4567 FAX (727) 562-4576 SUPPLEMENTAL INFORMATION REQUIRED FOR APPLICATIONS FOR ZONING ATLAS AMENDMENTS Please submit 15 copies of the attached Application for Zoning Atlas Amendment and the following supplemental information: / A legal description of the property. If the property is not a platted lot of record, a current boundary survey prepared, signed and sealed by a land surveyor currently registered in the State of Florida. / Proof of ownership, including a COpy of the deed, title insurance policy, or other instrument demonstrating ownership (Only 1 copy is required). n\0 Names of all persons or corporations having a contractual interest in the property. h(O\ 1\ llA. A copy of any existing deed restrictions to which the City is a part relating to the property. Any request for a rezoning which is inconsistent with the Future Land Use designation in the Comprehensive Plan must be accompanied by an application for a Future Land Use Plan Amendment. Attendance at Public Hearinas The applicant or applicant's representative should be present at both the Community Development Board and City Commission public hearings. Standard for Review All approvals of zoning atlas amendments must comply with the following standards: 1. The proposed amendment is consistent with and furthers the goals, policies and objectives of the Comprehensive Plan and furthers the purposes of the Community Development Code and other City ordinances and actions designed to implement the Plan. 2. The available uses to which the property may be put are appropriate to the property that is subject to the proposed amendment and compatible with existing and planned uses in the area. 3. The amendment does not conflict with the needs and character of the neighborhood and the City. 4. The amendment will not adversely or unreasonable affect the use of other property .in the area. 5. The amendment will not adversely burden public facilities, including the traffic-carrying capacities of streets, in an unreasonably or disproportionate manner. 6. The district boundaries are appropriately drawn with due regard to locations and classifications of streets, ownership lines, existing improvements and the natural environment. Page 2 of 2 N. AFFIDAVIT TO AUTHORIZE AGENT: 1. Provide names of all property owners on deed - PRINT full names: BVG Acquisition, Inc., a Florida corporation 2. That (I amlwe are) the owner(s) and record title holder(s) of the following described property (address or general location): 2861 (a/k/a 2855) Gu~f to Bay Boulevard, Clearwater - - 3. That this property constitutes the property for which a request for a: (describe request) Application for Zoning Atlas Amendment 4. That the undersigned (haslhave) appointed and (does/do) appoint Kath~:J::_ine E_~__Gole, Esq., of Johnson, ~e, BokoZ:,LRuppel _~, ~urns.---1.:rg, as (hisl1heir) 'agent(s) to execute any petltions or other documents necessary to affect such petition; 5. That this affidavit has been executed to Induce the City of Clearwater, Florida to consider and act on the above described property; 6. That site visits to the property are necessary by City representatives in order to process this application and the owner authorizes City representatives to visit and photograph the property described in this application; 7. That (lIwe), the undersigned authority, hereby certify that the foregoing Is true and correct. _J~Y: Name: Title: Property Owner 0\\0. ~Y'" 'STATE OF FLORIDAhl COUNTY OF 0-\ n ('~ G\. Property Owner Before me the undersigned, an officer duly commissioned by the laws of the State of Florida, on this ..._'3c:2 ~__ day of .c X..L.~_. ~c.:p~ personally appeared rDlCX}a:eiJ~..&d\la&~'havingbeenfirstdUIYSWOm Deposes and says that helshe fully understands the contents of the affidavit that helshe signed. lJ#~ ~~J ~o,,..o~ No ry ea Notary Public State of Florida Katherin M Self My Commission DD663501 Ex ires 06/14/2011 ba.tjJ-'Il~"- L-f'(l. ~ NQtary Public Signature My Commission Expires: k:J!d: ~ ;;\0 II C:\Documenls and Setlings\derek.ferguson\Desktop\planningforms_0707\Comprehensive Infill Project (FLD) Q4-24-07.doc Page 6 of6 EXHIBIT "A" TO APPLICATION FOR ZONING ATLAS AMENDMENT Legal Description A tract of land lying within Section 17, Township 29 South, Range 16 East, Pinellas County, Florida, and being more particularly described as follows: Commence at the Northwest corner of Block 2 of "A RESUB OF BASKIN'S REPLA T", as recorded in Plat Book 24, page 42, of the Public Records of Pinellas County, Florida; thence North 89'46' 01" East along the North line of said Block 2, 1206.41 feet; thence continue North 89'46'01" East a distance of 200.00 feet; thence leaving said line South 00'.37' 03' West a distance of 150.02 feet; thence North 89'46' 01" East a distance of 60.01 feet; thence South 00' 37' 03" West a distance of 260.00 feet for a POINT OF BEGINNING; thence continue South 00' 37' 03" West a distance of 967.93 feet; thence South 69'21' 23" West a distance of 314.28 feet; thence South 52'28' 54" West a distance of 215.00 feet; thence North 39' 01' 06" West a distance of 654.81 feet; thence North 50.58' 50' East a distance of 52.16 feet; thence North 34' 14' 53" West a distance of 40.00 feet; thence North 13' 41' 04" East a distance of 21.51 feet; thence North 50'45' 48" East a distance of 154.86 feet; thence North 51' 21' 53" East a distance of 4.55 feet; thence North 39' 11' 48' East a distance of 22.25 feet; thence North 42' 12' 55" West a distance of 67.34 feet; thence North 31' 09' 17" West a distance of 141.97 feet; thence North 27' 02' 41" West a distance of 181.44 feet; thence South 42'07' 22" West a distance of 113.45 feet; thence South 82' 16' 09" West a distance of 112.08 feet; thence North 27'46' 45" West a distance of 13.51 feet; thence South 65'46' 35" West a distance of 25.55 feet; thence North 23'27'38" West a distance of 34.80 feet; thence South 62' 09' 34" West a distance of 88.09 feet; thence North 39'01'06" West a distance of 260.77 feet; thence North 00'13' 59' West a distance of 282.35 feet; thence North 89'46' 01" East a distance of 135.20 feet; thence South 41' 34' 50" East a distance of 34.65 feet; thence North 48' 24' 08" East a distance of 99.89 feet; thence North 89' 46' 01" East a distance of 771.29 feet; thence South 38' 27' 39" East a distance of 330.94 feet; thence North 89' 45' 01" East a distance of 191.21 feet to the POINT OF BEGINNING. LESS AND EXCEPT: That certain portion of Lot 2, Baskin's Replat, according to the map or plat thereof, recorded in Plat Book 24, Page 42, Public Records of Pinellas County, Florida, lying in Section 17, Township 29 South, Range 16 East, Pinellas County, Florida, described as follows: From the northwesterly corner of said Lot 2 of a resubdivision of BASKIN'S REPLA T, as recorded in Plat Book 24, Page 42, Public Records of Pinellas County, Florida, and run thence N89'46'01 "E, 60.00 feet along the northerly line of said Lot 2, thence SOO'13'59"E, 190.00 feet, for a Point of Beginning; thence continue SOO'13'59"E, 155.35 feet; thence N48'25'10"E, 210.73 feet; thence N41'34'50"W, 34.81 feet; thence S89'45'01"W, 135.20 feet to the Point of Beginning. EXHIBIT "B" TO APPLICATION FOR ZONING ATLAS AMENDMENT The subject property consists of approximately 28.32 acres m.o.1. located at 2855 Gulf to Bay Boulevard ("Property") and is currently developed as an assisted living facility providing independent living and congregate care to its residents. The Property is currently zoned Medium Density Residential (MDR) with a land use designation of Residential Medium (RM). The Applicant requests a rezoning atlas amendment to Medium High Density Residential (MHDR) so that it may operate as a life care center, providing the above services, as well as skilled nursing, to its residents. Standards: 1. The proposed amendment is consistent with and furthers the goals, policies and objectives of the Comprehensive Plan and furthers the purposes of the Community Development Code and other City ordinances and actions designed to implement the Plan. The MHDR zoning category allows the existing uses of the property to conform to Code and allows for the additional use of a skilled nursing center. This Property has operated as an assisted living facility since 1965. The requested MHDR zoning district is compatible with the existing land use designation of RM. The Plan provides for the Residential Medium land use designation to be paired with zoning categories of either Medium High Density Residential or Medium Density Residential (Policy 3.2.1). This proposed rezoning reflects both the actual use and the proposed use of the site and is compatible with the current land use. 2. The available uses to which the property may be put are appropriate to the property that is subject to the proposed amendment and compatible with existing and planned uses in the area. The current uses have been in existence at this location for 43 years. Simultaneous to this application, the Owner has submitted a flexible development application (FLD2008-05012) for the redevelopment of a portion of the Property. The existing and proposed use of this Property is compatible with the residential theme/uses of the area. There is an existing skilled nursing facility located in the MHDR zoning category adjacent to the Property. 3. The amendment does not conflict with the needs and character of the neighborhood and the City. The Property is located on the south side of Gulf to Bay Boulevard and is surrounded by commercial and residential uses. West - Clearwater Mall, Sky Harbor Estates (Mobile Home Park), and Harbour Wood Nursing Home East - private estate residence, a restaurant and retail facility South - Clearwater Bay North (across Gulf-to-Bay) - restaurant, overnight accommodations and commercial uses This amendment provides for the current uses, compatible with the neighborhood, to continue. The current use provides assisted living, independent living and congregate care to its residents, and the neighborhood will not be affected by the change in zoning which will allow skilled nursing. 4. The amendment will not adversely or unreasonable affect the use of other property in the area. The rezoning will not have an adverse effect on any of the existing improvements or neighboring properties. 5. The amendment will not adversely burden public facilities, including the traffic-carrying capacities of streets, in an unreasonably or disproportionate manner. The proposed zoning is consistent with the existing use of the property and the underlying land use plan. Adding skilled nursing to the facility will not increase density, nor will it affect traffic. The rezoning of this property does not impact the existing infrastructure as existing and proposed uses are consistent with the Comprehensive Plan. 6. The district boundaries are appropriately drawn with due regard to locations and classifications of streets, ownership lines, existing improvements and the natural environment. This property consists of one parcel of land, a portion of which fronts Gulf to Bay Boulevard. Adjacent to the property are other residential uses, consisting of mobile home, assisted living/skilled nursing and single family residential properties. The district boundaries are appropriate for this area as it creates a large contiguous area of MHDR zoning. Currently, there is a smaller area of MHDR adjacent to the Property where a skilled nursing center is located. 49652.115968 #442988 " II: 2006049711 BK: 14922 PG: 1724, 02/09/2006 at 11 :33 AM, RECORDING 4 PAGES $35.50 D DOC STAMP COLLECTION $118300.00 KEN BURKE, CLERK OF COURT PlNELLAS COUNTY, FL BY DEPUTY CLERK: CLKDU04 .35. ~o t G) ,6TJ 11~';oo 1". { , ,,\ r-'- . .~- -.... ") r..... ,,' ,I r; 1 \. v,l ,..-~,\ I r..... ~)..~. This instrument prepared by \ \J I .~, '". ./ (BRIl l'E1ttml tar. (,1 .....- Samuel P. Queirolol "') J BOLLAND" KNIGIf,C..LLP P. O. Box 1288 Tampa, FL a~01-12~8 '. '" l ~,.......~:,../ ,\-, ..., 17291~03006(~~00 Property Ap~~~r's Parcel . Identification*,umber(s) "-~~ . /::,"!--..:...../ / I/.,~./ t~~' ., ( .' 1."::::-.. "; J ~II ....... ,-.~The Grantor, Morton Plant Mease Life Services, Inc., a Florida not-for-profit cofR~tr~n (d/b/a Bayview Gardens, successor by merger to Bayview Gardens ~~'SJ~, Inc., Congregational House, Inc., and Morton Plant Life Services, Inc.), ;-wh~ mailing address is 300 Pinellas Street, Clearwater, FL 33756, in /~~"'hslderation of ten dollars and other valuable considerations received from the ~<.",\d;rbtee, hereby grants and conveys to the Grantee, BVG Acquisition Inc., a Florida ..........j:lot-for-profit corporation, whose mailing address is 4300 N. W. 89th Blvd., Gainesville, FL 32606-0749, the real property in Pinellas County, Florida, described on attached Exhibit A. SPECIAL WARRANTY DEED ~. Morton Plant Mease Life Services, Inc. a Florida not-for-profit corporation BY:~~~ Denton W. Crockett, Jr., as its President I I f 1 i I I ! I ,!" I i I ~ ! I i ! t f I I I I i r ! I I I I r j I I I r. I ! I i I t I ; [ I t ! I I As against all persons claiming by, through, or under the Grantor, the Grantor hereby covenants that the property is free of all encumbrances, subject to lien for real estate taxes not yet due and payable and to all other matters set forth on attached Exhibit B, that lawful seisin of and good rigl1t to convey the property are vested in the Grantor, and that the Grantor hereby fully warrants the title tQ the property and will defend the same against the lawful claims of all persons claiming by, through, or under the Grantor. Dated this ~ \~ay of~~ 2006. Signed in the presence of two wi s PlNELLAS COUNTY FL OFF. REC. BK 14922 PG 1725 /i"\ l.. \ I-~ 1 .:~ ~.-.) 1;,1 \. Ji STATE OF FLORIDA /(~.) \ ,--' / COUNTYOFJL'lIsp?~ 1.... ........ ,/ I- '-.--' ~ I _.3 The foregoing instrument was acknowledged before me this ....l..!....- day of ]"o.r.l.U;.~~ . ~06(;by Denton W. Crockett, Jr., as President of Morton Plant Mease Life SetVK~~/ Inc., a Florida not-far-profit corporation, d/b/a Bayview Gardens. sUC~~~~fl?y merger to Bayview Gardens Housing, Inc., Congregational House, Inc., ~f~orton Plant Life Services, Inc., on behalf of the not-for-profit cO!'J?Orati~ni(./{\'-He . or she. is . pe~nally known to melhas produced ~ d.M,~~~~ krllM..I ..J- as Identification. i...,:.... ,'- / ,;:l'i~) -:.. -,1 t ,......... " , ...... . / //'1'"'....7 t~ -"l ... t""-',~ \ ! .--., \-1 \ \. 1 , /...... \.. --'",l \. ',-' t--....~ .. /~.,'-~J ..... ".....: ,'".\ \ ". "oJ' . .... / ......~....o# # 3524970_vl (SEAL) - --- . M'fc~M~" ~...; ~ 00114182 ~ IlOHDED IIIftittoy~ 20(16 ~IIIC 2 PINELLAS COUNTY FL OFF. REC. me 14922 PG 1726 ,r\ 1.\ ,---=' 1 .:...~....... ') ",..... ~/ j.. ) \.. <..J I -.. ':.... ,"..........., i I ,........ ""7)'../ ~ \ \ ;.;-....1 / -~ , /' ,:' ,\-'" ((",/~ Parcel No.1: <:J . A tract ofland lying within Section 17, Township 29 South, Range 16 East, Pinellas County, Florida, and being more particu1arli.ae~ as follows: Commence at the NlJl1It.~st'comer of Block 2 of "A RESUB OF BASKIN'S REPLAT', as recorded in Plat Book 24, page ~;of)1ie Public Records ofPinellas County, Florida; thence North 89" 46' 0 I" East along the North ~<<. ~d Block 2, 1206.41 feet for a POINT OF BEGINNING; thence continue North 89046' 01" ~t~~ce oi200.aO feet; thence leaving said line South 00" 37' 03" West a distance of 150.02 feet; tl~t(te..if'orth 89" 46' 01" East a distance of 60.01 feet; thence South 00" 37' 03" West a distance of~.oO-f6:t; thence South 89" 46' 01" West a distance ofI91.21 feet; thence North 38" 27' 39" West a ~~~ ~330.94 feet; thence North 89" 46' 01" East a distance of 139.84 feet; thence North 00" 37' 03" F4ist.i';dJstance of 150.02 feet to the POINT OF BEGINNING. /-';...... '-, ~ 1/,...... I Pared ~2Y A tI;miQ,!J1Ind lying within Section 17, Township 29 South, Range 16 East, Pinellas County, Florida, and bc~t~ofc' particularly descn"bed as follows: <ZotmJr'epi:e at the Northwest comer of Block 2 of" A RESUB OF BASKIN'S REPLAT", as recorded in /~la~k 24, page 42, of the Public Records of Pine lIas Cowty, Florida; thence North 89" 46' 0 I" East ,-:..alang.the North line of said Block 2, 1206.41 feet; thence continue North 89" 46' 0 I" East a distance of ..."-'200-.:00 feet; thence leaving said line South 00037' 03" West a distance of 150.02 feet; thence North 890 <. ......)46' 01" East a distance of 60.01 feet; thence South 000 37' 03" West a distance of260.00 feet for a -........POINT OF BEGINNING; thence continue South 00" 37' 03" West a distance of 967.93 feet; thence South 6~ 21'23" West a distance 0014.28 feet; thence South 5T 281 54" West a distance of215.00 feet; thence North 39" 01' 06" West a distance of 654.81 feet; thence North 50" 58' 50" Easta distance of 52.16 feet; thence North 340 14' 53" West a distance of 40.00 feet; thence North 13041' 04" East a distance of 21.51 feet; thence North 50" 45'48" East a distance of154.86 feet; thence North 610 21'53" East a distance of 4.55 feet; thence North 39" II' 48" East a distance of22.26 feet; thence North4T 12' 55" West a distanee of 67.34 feet; thence North 310 09' 17" West a distanc!l of 141.97 feet; thence North 27" 02' 41" West a distance of 181.44 feet; thence South 42007' 22" West a distance of 113.46 feet; thence South 82016' 09" West a distance of 112.08 feet; thence North 2JO 46'45" West a distance of13.51 feet; thence South 65046' 35" West a distance of25.55 feet; thence North 230 27' 38" West a distance of34.80 feet; thence South 620 09' 34" West a distance of88.09 feet; thence North 39" or 06" West a distance of 260.77 feet; thence North 00013' 59" West a distanceof282.35 feet; thence North 89" 46' 01" East a distance of 135.20 feet; thence South 410 34' SO" East a distance of 34.65 feet; thence North 480 24' 08" East a distance of99.89 feet; thence North 8~ 46' 01" East a distance of771.29 feet; thence South 380 27' 39" East a distance of330.94 feet; thence North 89" 46' 01" East a distance of 191.21 feet to the POINT OF BEGINNING. F.XHTRIT A Parcel No.3: Non-Exclusive perpetual easement(s) for ingress, egress, and utilities as set forth in Declaration of Non- Exclusive Easements and Maintenance Agreement, recorded in Official Records Book 11602, Page 1568, of the Public Records of Pine lias County, Florida. PINELLAS COUNTY FL OFF. REC. BK 14922 PG 1727 ,/., \\ /-.. i') ;~~l .. (j ) ... I /,"'~, ) I ,-,- ,'oJ EXRTRIT B \ \..) ) __,;", f /' / *\_.", Easement(s) gran~.kJthe City of Clearwater recorded July 2, 1963, in Official Records Book 1712, Page s45-,-ofthe Public Records ofPinellas County, Florida. Easement(s)'~ to the City of Clearwater recorded June 16, 1965, in Official Records B~k..t~&; Page 498, of the Public Records ofPinellas County, Florida. · ''it' Easem~t{tl\1a:nted to the City of Clearwater recorded September 9, 1965, in Official Records Bo~2224, Page 664, of the Public Records ofPinellas County, Florida. ,r;,)... 'i Ease~~Wgrantedto Florida Power and Light Company recorded October 22, 1965., in ~~rds Book 2252, Page 636, of the Public Records ofPinellas County, Florida. ~~t(s) granted to Florida Power Corporation recorded July 12, 1966, in Official ,~~ 'Book 2419, Page 280, of the Public Records ofPinellas County, Florida. 6. / ~~ent(s) granted to Florida Power Corporation recorded November 14, 1973, in f--:~cial Records Book 4103, Page 53, of the Public Records ofPinellas County, Florida. I (..... (-I , 7~. \ \..J:E1asement(s) granted to the City of Clearwater recorded July 15, 1975 in Official Records ('~~,Book4309, Page 63, of the Public Records ofPinellas County, Florida. ~--~ ~ ,~,!i...,~..j Terms, covenants, conditions and other matters contained in the Cable Lease Agreement ,,(" "~'~) recorded January 6,1984, in Official Records Book 5677, Page 101, of the Public Records <-''''.) ) ofPinellas County, Florida. .......ri: Easement(s) granted to Florida Power Corporation recorded December 1, 1995 in Official Records Book 9180, Page 511, of the Public Records ofPinellas County, Florida. Easement(s) granted to the City of Clearwater recorded December 14, 1985, in Official Records Book 9192, Page 2174, of the Public Records ofPinellas County, Florida. Easement(s) granted to the City of Clearwater recorded August 21, 1996 in Official Records Book 9440, Page 506, of the Public Records of Pin ell as County, Florida. Terms, covenants, conditions, easement(s) and other matters contained in the Declaration of Non-Exclusive Easements and Maintenance Agreement recorded October 1, 2001, in Official Records Book 11602, Page 1568, of the Public Records of Pinellas County, Florida. Terms, covenants, conditions, easement(s) and other matters contained in the Declaration of Non-Exclusive Cross Access Easements and Maintenance Agreement recorded February 8, 2002, in Official Records Book 11831, Page 868, of the Public Records of Pine lIas County, Florida. Terms, covenants, conditions and other matters contained in the Easement Agreement recorded May 28, 2002, in Official Records Book 12023, Page 1386, of the Public Records ofPin.ellas County, Florida. Easement(s) as disclosed by document recorded December 27, 1967, in Official Records Book 2741, Page 742, of the Public Records ofPinellas County, Florida. 1. I I I I I ! i j J j 1 I I I I i.. , i i 2. 3. 4. 5. 10. 11. 12. 13. 14. 15. !~ ~ GRAPHIC SCALE SECTION 17, TOWNSHIP 29 SOUTH, RANGE 16 EAST PI:NEU...As COUNTY, FLORn>A S.R 60 (IH_J llMJa-lOft. G U L F TO BAY B LV D. ( S. R. eO) -.- .~:z~:.;...-- - ~ - - - - - - - - - - - - - - E:::=':~ - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - ~ - - ~: T'---------------~-~ --( ~ ~ If; 0 r I i~...1 I ~ +- I ~":.:" ! ~ III I 1 I 110....,...,...."..___...... ~, 0) I .. .. T a I I -.....----.. I J:IJ/'* A m:- ~ ::':::a r<<PVJ I ut. 2m. ... 1IQ ~ (/J I ..~'= ~\~ . . ~.._-----_.. --r~ --O~_ =no = ~ ----~ Iii ~ J f ~r- ......,.:' / ~ ~,~~. ~~. \ ~ ~',... i~ "' j ==- 't",:\ \ f ___ ~ 1 , ~I NOTINCLUOED'',/.; .... ',-..L ~CJ/ ..... -=-- ~ ~,,( ( =:.~..." 1 I ji II ._. "t A:.. ~~ 'i!liJ - \r.J JL .~ ~ ~ ~~. / "((~, \ \ NOT INCLUDED" ~ I ~ ~ -~,'~:~~~;~I r '~"::1. . ~ !f:;-;,,,, ":~ ~ · ~ ~~ -t ~" ,," ~! l''' ~/)?"T \., '\ h '\. . ~~ =- 1.f-!:..~..1T1r;._.>-.CR.O_S B-'J:..1,.., ~. . - · I~~ ~-- ~~ "'...e-~ "",,"'" I I ~ / C' 8. V '4~:r ;:l. IT- .....eLl;: . JV ~ __ -.... ,,) I ..... .'...........;., \ -\, \ /J' ,) E~ Ir. V/ A f ..:;,"'!:1.::!l._."t"("tr__ . -'... . "1--. =-J~'='- V I . '~,.\,. ",..1\\ ~ A' .<"\'1( \ L.,,-\ 1 ~.': f.1I -. -p'.--,......... 1 ~ ) . . - I .' ./'X:<',.":.... J '/ ~' ~ i p \. ~ kt; Iii~- 1/ il. I":J" -'-~'-YiT~i == :-\ '" r~.... ~ .' :':\ . ..~,.:i.~i.':".:.:. .~. . " ~ ~ iL:~~~~:\\l . ".' !!IL...". '. ~~ :H t:~~ r- t- -- :--... f I I. ~+H I J1\ I. 0::" "---- -,.., --J fi'" "......... ............,...,..... }... " .\ . ~ ;l~ V " \ ~ I ~.li() -. r- _ ' J,;; ~ , III ,," "'-",-V I .... .f ~ :\ -..$:..~~:i.:.W? .' .' 'l ~ ~-- 00\ . 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Eo- 0 g~ en -< - I~ ,..'" 0 ",- U <(e Z a z.. ::> 55: CI2 m D~ ,. ---,r; - e.0.."~ ~.O.....~D.~.. oOi..~&*.*~o..mo~~o 11111111111111111111111111111111111111111 ~~1811~i!Xllllii2a~il;lliRI~Rliili~I~~lil . ii ; I i II I~ tS~i~~lau =~Ial p ~ ~~ ~ ~ U I a a ~ ~h33)U~ln~IGHPIII!li~UU81"~'R~gP~B"~.. "iJa. IUUIUnUIIIUUIUUIIIUUUnUUIIII! I II' nl~l!il~:UUli:!lnIIIUIII:ililliUlil~ II h h: I I~I 'I!I .UiIUI ~ II ~I g a~~e ~ ~ . i1i. II ~! 1'1 I~ ~!::irlli:! n i II J ~i I iIi ;; ; nUl JJ I i J n!~; ~ If ... I -:_,~ z r~ o ii -i Ie) - Z I~C ~! "~I ~ ;1 i" m 1"--- ,.. .\ o ,;1; .: \.tl I .~,.." I~~' o (' () "" " -;. ~ l' (\\ l'..l .. ~ '" ~ '" ~ SUNCOAST LAND SURVEYING, Inc. 111 FOREST LAKES BOULEVARD OLDSMAR, FLA. 34677 ~ LB 4513 BOUNDARY - TOPOGRAPHIC - CONSTRUCTION STAKEOUT PH: (813) 854-1342 FAX: (813) 855-6890 l l. \\ ~ ~ I; ~! II ~ . ~ . ~ I ~ ~ (/l m a ~ ... ~~ ~~ (/l (/l 8 ~ ~ N ~ ~ . 0 j!!c ~~ ). ~ ~ ... 0- m ). (/l -oj ~