FLS2007-11049FLS2007-11049
301 S MAIN AVE
QUALITY POWER
PLANNER OF RECORD: WW
ATLAS # 289B
ZONING: C
LAND USE: CG
RECEIVED
INCOMPLETE:
COMPLETE:
MAPS
11 /02/2007
PHOTOS:
STAFF REPORT:
DRC
CDB:
CLW CoverSheet
Clearwater
Planning Department
100 South Myrtle Avenue
Clearwater, Florida 33756
Telephone: 727-562-4567
Fax:727-562-4865
^ SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION
^ SUBMIT 14 COPIES OF THE ORIGINAL APPLICATION -Plans and
application are required to be collated, stapled, and folded into sets
^ SUBMIT FIRE PRELIMARY SITE PLAN: $200.00
^ SUBMIT APPLICATION FEE $-_ 7 ~`r ~
ORIGINAL
~~~~
..d~ ~ ~ ~ 2Q07
~'LF`,NNiNG ~EPA~tT.N1E[~T
CASE #: ~--~~~-'~`!~ - --
RECEIVED BY (staff initials): _~? ---
DATE RECEIVED: - _ _-__-_
~~~~
* NOTE: 15 TOTAL SETS OF INFORMATION REQUIRED (APPLICATIONS PLUS SITE PLAN SETS)
FLEXIBLE STANDARD DEVELOPMENT APPLICATION
(Revised 04/24/2007)
PLEASE TYPE OR PRINT
A. APPLICANT, PROPERTY OWNER AN'''~D"AGENT INFORMATION: (Code Sectionj4/-202.A) /-
APPLICANT NAME: (JG,~°US r /VI~L°S~ eJl/~ ~ • ~~ G/•~"~t UCK~~
MAILING ADDRESS: Q (o ~p ~/~. `j-~j~~ ~~~~ j~fi/p~ ~~~/-G/,q- ~ ~~ 33,
PHONE NUMBER: ~,~ ~ ~ ~ - OZ Q 9 ~ ~ F-AX-NUMBER: ~70~ 7~ 1~ ~jl~ - .L~~~
CELL NUMBER: 8f3-~Q - /~ 9~ 7 EMAIL: ~~1~,~ ~~Q~„ ~O
PROPERTY OWNER(S):
List ALL owners on the deed
~l/G~US ~iV (/CJfAiP~l/TS, ~ • C.
AGENT NAME: ____-~
MAILING ADDRESS: ~~~
PHONE NUMBER: 70~~
CELL NUMBER: ~ lJ?
~z ~o~~ ~ ~~~ ~vc~--
!~/.aQ p~ FAX NUMBER:
Q _ ~~~_-~ EMAIL:
7
B. PROPOSED DEVELOPMENT INFORMATION: (Code Section 4-202.A)
PROJECT NAME: /~/J,C~I/•~ /d GJG'l PROJECT VALUATION: $
STREET ADDRESS
PARCEL NUMBER(S):
PARCEL SIZE (acres):
LEGAL DESCRIPTION:
PROPOSED USE(S):
See a
DESCRIPTION OF REQUEST:
Specifically identify the request
(include number of units or square
footage of non-residential use and all
requested code deviations; e.g.
reduction in required number of
parking spaces, specific use, etc.)
~.~ ~ v ~
O b O ~fD/O~D~
PARCEL SIZE (square feet):
~oL, Co ~
~~ /'i~~
.}:..
C:\Documents and SetOngs\derek.ferguson\Desktop\planningforms_0707\Flexible Standard Development (FLS) 0424-07.doc
Page 1 of 7
Legal Description for Parcel # 13/29/15/00000/140/0400 301 S. Main Ave
That part of the Southeast'/4 of the Northeast 1/4 of Section 13, Township 29 South, Range
15 East, Pinellas County Florida, described as follows: From the Southeast corner of the
Southeast'/4 of the Northeast'/4 of said Section 13, Township 29 South, Range 15 East,
run thence North 89.22'44"W along the East-West centerline of said Sectionl3, 50.0 feet;
thence North 0.08'02"W, Along the westerly right-of--way line of Belcher Road, 700.06
feet to the point of intersection of the South right-of--way line of Rainbow Drive and the
West right-of--way line of Belcher Road; Thence N89.22'44"W along the South right-of-
way line of Rainbow Drive, 280.0 feet for the point of beginning; thence
50.08'02"E129.96 feet to a point for corner; thence N89.24'28"W 274.67 feet to the East
right-of--way of Main Avenue to a point for corner. Point also being N0.23'S8"W520.0
feet from the north right-of--way line of Gulf-To-Bay Boulevard; Thence N0.23'S8"W
along said East right-of--way line 130.0 feet to the intersection of the South right-of--way
line of Rainbow Drive and East right-of--way line of Main Avenue; Thence 589.24'28"E
along the South right-of--way line of Rainbow Drive, 209.48 feet to a point on the South
right-of--way line of Rainbow Drive; Thence continue S89.22'44"E along the South right-
of-way line of Rainbow Drive, 65.79 feet to the point of beginning.
ORIGINAL
REC~~Q
~ ~ ,-~a 02 2001
PI~-NNING D~~A~TNt~r~~?
CITY OF CLEAR~I~~E
DOES THIS APPLICATION INVOLVE THE TRANSFER OF DEVELOPMENT RIGHTS (TDR), A P EVIOUSLY APPROVED PLANNED UNIT
DEVELOPMENT, OR A PREVIOUSLY APPROVED (CERTIFIED) SITE PLAN? YES _ NO ~(rf yes, attach a copy of the applicable documents)
C. PROOF OF OWNERSHIP: (Code Section 4202.A.5)
SUBMIT A COPY OF THE TITLE INSURANCE POLICY, DEED TO THE PROPERTY OR SIGN AFFIDAVIT ATTESTING OWNERSHIP (see
Page ~)
D.
1. WRITTEN SUBMITTAL REQUIREMENTS: (Code Section 3-913.A)
Provide complet respo ses to the six (6) GENERAL APPLICABILITY CRITERIA -Explain how each criteria is achieved, in detail:
See a ~l~cfi ec~/ dd~.a~ /
The proposed development of the land will be in harmony with the scale, bulk, coverage, density and character of adjacent properties in which it
is located.
2. The proposed development will not hinder or discourage the appropriate development and use of adjacent land and buildings or significantly
impair the value thereof.
3. The proposed development will not adversely affect the health or safety or persons residing or working in the neighborhood of the proposed use.
4. The proposed development is designed to minimize traffic congestion.
5. The proposed development is consistent with the community character of the immediate vicinity of the parcel proposed for development.
6. The design of the proposed development minim¢es adverse effects, including visual, acoustic and olfactory and hours of operation impacts, on
adjacent properties.
REG~'VE[~
1~ Q~ 2~~1
C:~Documents and Settingslderekfe~uSOnWesktop~planningforms_07071Ftacible SiarWaM Devebpment (FLS) 04-24-07.doc t . I ;i
Page 2 ot"7 pLAIVtvING DFpARTMENT
CITY OF CLEARWATER
Ruckus Investments,LC Application 301 S Main Ave
Code Section 3-913.A General Applicability Criteria
The subject parcel is vacant and occupies the northwest corner of a block
consisting of four (4) uses ranging from automobile service, to office to
large-scale retail with building sizes ranging from approximately 3,000 sq.
ft. to over 30,000 square feet with associated parking to serve those uses.
The proposed development is within the range of those building sizes
(approx. 10,000 sq. ft.) with associated parking, compliant landscape,
setbacks and storm retention on site.
2. The corner subject parcel completes development of the block, integrating
with existing access drive aisles. The existing developed sites on the block
predate the current code requirements, therefore its development
characteristics with appropriate setbacks, parking and landscape will
support the use and value of those developed sites and perhaps
encouraging re-investment in the area.
3. The area is zoned commercial anticipating retail sales and service uses
that by their nature do not pose adverse impacts on the area residents
and employees.
4. The vehicular circulation for the new retail use has been designed with
adequate spacing between right of way intersections and proposed
driveways to minimize vehicle conflict and provide safe visibility for
vehicles exiting the proposed use.
5. The community character of the immediate vicinity is quite similar to the
adjacent properties with large lot and building retail, low-rise office. The
site layouts are similar with buildings set back with parking adjacent to the
right of way.
6. The proposed development of the site as with retail sales and service will
not produce adverse noise or emissions. The surrounding neighborhood
consists of institutional (post office), office, vehicle service, large-scale
retail sales and service, and low-rise residential apartments. The hours of
operation for the retail sales and service use are compatible with these
neighborhood uses in that they will mirror the surrounding commercial
hours and have minimal impact on the evening hours of the residential
use.
ORIGINAL
REC'~VEQ
C~ ~, 200
PLANNING ®i:PARTiVIEh;T
CIN OF CLEARWhj~~`
•
WRITTEN SUBMITTAL REQUIREMENTS: (Flexibility Criteria)
^ Provide complete responses to the applicable flexibility criteria for the specific Use as listed in each Zoning District to which the waiver is
requested (use separate sheets as necessary) -Explain how each criteria is achieved, in detail:
E. STORMWATER PLAN SUBMITTAL REQUIREMENTS: (City of Clearwater Storm Drainage Design Criteria
Manual and 4202.A.21)
^ A STORMWATER NARRATIVE MUST BE SUBMITTED WITH ALL APPLICATIONS. All applications that involve addition
or modification of impervious surtace, including buildings, must include a stormwater plan that demonstrates compliance with the City of
Clearwater Storm Drainage Design Criteria manual. A reduction in impervious surtace area does not qualify as an exemption to this requirement.
^ If a plan is not required, the narrative shall provide an explanation as to why the site is exempt.
^ At a minimum, the STORMWATER PLAN shall include the following;
^ Existing topography extending 50 feet beyond all property lines;
^ Proposed grading including finished floor elevations of all structures;
^ All adjacent streets and municipal storm systems;
^ Proposed stormwater detention/retention area including top of bank, toe of slope and outlet control structure;
^ A narrative describing the proposed stormwater control plan including ail calculations and data necessary to demonstrate compliance with
the City manual.
^ Proposed stormwater detention/retention area including top of bank, toe of slope and outlet control structure;
^ Signature and seal of Florida Registered Professional Engineer on all plans and calculations.
^ COPY OF PERMIT INQUIRY LETTER OR SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (SWFWMD) PERMIT
SUBMITTAL (SWFWMD approval is required prior to issuance of City Building Permit), if applicable
^ ACKNOWLEDGEMENT OF STORMWATER PLAN REQUIREMENTS (Applicant must Initial one of the following):
stormwater plan as noted above is included
stormwater plan is not required and explanation narrative is attached. At a minimum, a grading plan and finished floor
elevations shall be provided.
CAUTION - IF APPLICATION REVIEW RESULTS IN THE REQUIREMENT FOR A STORMWATER PLAN
AND NONE HAS BEEN SUBMITTED, APPLICATION MUST BE RESUBMITTED AND SIGNIFICANT DELAY
MAY OCCUR.
If you have questions regarding these requirements, contact the City Public Works Administration Engineering Department at (727) 562-4750.
F. SUPPLEMENTAL SUBMITTAL REQUIREMENTS: (Code Section 4-202.A)
^ SIGNED AND SEALED SURVEY (including legal description of property) -One original and 14 copies;
^ TREE SURVEY (including existing trees on site and within 25' of the adjacent site, by species, size (DBH 4" or greater), and location,
including drip lines and indicating trees to be removed) -please design around the existing trees;
^ TREE INVENTORY; prepared by a "certified arborist", of all trees 4" DBH or greater, reflecting size, canopy (drip lines) and
condition of such trees;
^ LOCATION MAP OF THE PROPERTY;
^ PARKING DEMAND STUDY in conjunction with a request to make deviations to the parking standards (ie. Reduce number of spaces).
Prior to the submittal of this application, the methodology of such study shall be approved by the Community Development Coordinator and
shall be in accordance with accepted traffic engineering principles. The findings of the study will be used in determining whether or not
deviations to the parking standards are approved;
^ GRADING PLAN, as applicable;
^ PRELIMINARY PLAT, as required (Note: Building permits will not be issued until evidence of recording a final plat is provided);
^ COPY OF RECORDED PLAT, as applicable;
C i~i~i
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Page 3 of 7 i`` NN /
P11~NP~IN~ ii"ki+l~.ra''s ~;~tl'r~;,
CIiY Q~ G~.~tV4~AYEl~
G. SITE PLAN SUBMITTAL REQUIREMENTS: (Section 4-202.A)
^ SITE PLAN with the following information (not to exceed 24" x 36"):
Index sheet referencing individual sheets included in package;
North arrow;
Engineering bar scale (minimum scale one inch equals 50 feet), and date prepared;
All dimensions; '
Footprint and size of all EXISTING buildings and structures;
Footprint and size of all PROPOSED buildings and structures; a
All required setbacks; g
All existing and proposed points of access;
_ All required sight triangles; e
Identification of environmentally unique areas, such as watercourses, wetlands, tree masses, and specimen trees, including
description and location of understory, ground cover vegetation and wildlife habitats, etc; Location of all public and private easements;
_ Location of all street rights-of-way within and adjacent to the site;
Location of existing public and private utilities, including fire hydrants, storm and sanitary sewer lines, manholes and lift stations, gas
and water lines;
All parking spaces, driveways, loading areas and vehicular use areas;
Depiction by shading or crosshatching of all required parking lot interior lahdscaped areas;
Location of all solid waste containers, recycling or trash handling areas and outside mechanical equipment and all required screening
{per Section 3-201(D)(i) and Index #701};
_ Location of all landscape material;
i Location of all onsite and offsite storm-water management facilities;
Location of all outdoor lighting fixtures; and
Location of all existing and proposed sidewalks.
SITE DATA TABLE for existing, required, and proposed development, in written/tabular form: 9
Land area in square feet and acres;
~_ Number of EXISTING dwelling units;
Number of PROPOSED dwelling units;
Gross floor area devoted to each use;
Parking spaces: total number, presented in tabular form with the
_ number of required spaces;
Total paved area, including all paved parking spaces & driveways,
_ expressed in square feet 8 percentage of the paved vehicular area;
Official records book and page numbers of all existing utility
easement;
Building and structure heights;
Impermeable surface ratio (I.S.R.); and
Floor area ratio (F.A.R.) for all nonresidential uses.
EXISTING
REQUIRED PROPOSED
REDUCED COLOR SITE PLAN to scale (8'/: X 11); ~
^ FOR DEVELOPMENTS OVER ONE ACRE, provide the following additional information on site plan: ~i~
One-foot contours or spot elevations on site; I
Offsite elevations if required to evaluate the proposed stormwater management for the parcel;
All open space areas; ®R)(~~~
Location of all earth or water retaining walls and earth berms; QE~~~
_ Lot lines and building lines (dimensioned);
_ Streets and drives (dimensioned); •.' ~ ~ 2~~7
Building and structural setbacks (dimensioned); I~INr j tti ~,",• ^°' °
~~~
_ Structural overhangs, ~ • ~ e. ~; a:~~ti' ;
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Page 4 of 7
H. LANDSCAPING PLAN SUBMITTAL REQUIREMENTS: (Section 41102.A)
^ LANDSCAPE PLAN with the following information (not to exceed 24" x 36"):
All existing and proposed structures;
Names of abutting streets;
Drainage and retention areas including swales, side slopes and bottom elevations;
Delineation and dimensions of all required perimeter landscape buffers;
Sight visibility triangles;
Delineation and dimensions of all parking areas including landscaping islands and curbing;
Existing trees on-site and immediately adjacent to the site, by species, size and locations, including driplines (as indicated on required
tree survey);
_ Location, size, and quantities of all existing and proposed landscape materials, indicated by a key relating to the plant schedule;
Plant schedule with a key (symbol or label) indicating the size, description, specifications, quantities, and spacing requirements of all
_ existing and proposed landscape materials, including botanical and common names;
Typical planting details for trees, palms, shrubs and ground cover plants including instructions, soil mixes, backfilling, mulching and
protective measures;
Interior landscaping areas hatched and/or shaded and labeled and interior landscape coverage, expressing in both square feet and
percentage covered;
Conditions of a previous development approval (e.g. conditions imposed by the Community Development Board);
Irrigation notes.
^ REDUCED COLOR LANDSCAPE PLAN to scale (8'/ X 11);
^ COMPREHENSIVE LANDSCAPE PROGRAM application, as applicable. Landscape associated with the Comprehensive Landscape
Program shall exceed minimum Code requirements to offset the areas where minimum Code will not be met.
I. BUILDING ELEVATION PLAN SUBMITTAL REQUIREMENTS: (Section 4202.A.23)
^ BUILDING ELEVATION DRAWINGS -with the following information:
All sides of all buildings;
Dimensions;
Colors (provide one full sized set of colored elevations); and ~
Materials. m
^ REDUCED BUILDING ELEVATIONS -same as above to scale on 8'/: X 11. ~
J. SIGNAGE: (Division 19. SIGNS /Section 3-1806) 1v l~
^ All EXISTING freestanding and attached signs; Provide photographs and dimensions (area, height, etc.), indicate whether they will be
removed or to remain.
^ All PROPOSED freestanding and attached signs; Provide details including location, size, height, colors, materials and drawing;
freestanding signs shall include the street address (numerals)
^ Comprehensive Sign Program application, as applicable (separate application and fee required).
^ Reduced signage proposal (8'/2 X 11) (color), if submitting Comprehensive Sign Program application.
REC'~VEQ
PI~NNiNG urt~Attitw~~.;er"
C6TY OF CLEARWATE!?
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Page 5 of 7
•
K. TRAFFIC IMPACT STUDY: (Section 4-202.A.13 and 4-801.C)
^ Include if required by the Traffic Operations Manager or his/her designee or if the proposed development:
• Will degrade the acceptable level of service for any roadway as adopted in the Comprehensive Plan.
• Will generate 100 or more new vehicle directional trips per hour and/or 1000 or more new vehicle trips per day.
^ Will affect a nearby roadway segment and/or intersection with five (5) reportable accidents within the prior twelve (12) month period or
that is on the City's annual list of most hazardous intersections.
Trip generation shall be based on the most recent edition of the Institute of Transportation Engineer's (ITE) Trip General Manual.
The Traffic Impact Study must be prepared in accordance with a "Scoping Meeting" held with the Traffic Operations Manager and the
Planning Department's Development Review Manager or their designee (727-562-4750)
Refer to Section 4-801 C of the Community Development Code for exceptions to this requirement.
^ Acknowledgement of traffic impact study requirements (Applicant must initial one of the following):
Traffic Impact Study is included. The study must include a summary table of pre- and post-development levels of service for all
roadway legs and each turning movement at all intersections identified in the Scoping Meeting.
Traffic Impact Study is not required.
CAUTION - IF APPLICATION REVIEW RESULTS IN THE REQUIREMENT FOR A TRAFFIC IMPACT
STUDY AND NONE HAS BEEN SUBMITTED, APPLICATION MUST BE RESUBMITTED AND SIGNIFICANT
DELAY MAY OCCUR.
If you have questions regarding these requirements, contact the City Public Works Administration Engineering Department at (727) 562-
4750.
L. FIRE FLOW CALCULATIONS/ WATER STUDY:
Provide Fire Flow Calculations. Water Study by a FIRE PROTECTION ENGINEER to assure an adequate water supply is available and to determine if
any upgrades are required by the developer due to the impact of this project. The water supply must be able to support the needs of any required fire
sprinkler, standpipe and/or fire pump. If a fire pump is required the water supply must be able to supply 150% of its rated capacity. Compliance with
the 2004 Florida Fire Prevention Code to include NFPA 13, MFPA 14, NFPA 20, NFPA 291, and MFPA 1142 (Annex H) is required.
^ Acknowledgement of fire flow calculations/water study requirements (Applicant must initial one of the following):
Fire Flow Calculations/Water Study is included.
Fire Flow Calculations/Water Study is not required.
CAUTION - IF APPLICATION REVIEW RESULTS IN THE REQUIREMENT FOR A FIRE FLOW
CALCULATIONS/ WATER STUDY AND NONE HAS BEEN SUBMITTED, APPLICATION MUST BE
RESUBMITTED AND SIGNIFICANT DELAY MAY OCCUR.
If you have questions regarding these requirements, contact the City Fire
TERRY DANCE HARDING
aamm.
M. SIGNATURE:
I, the undersigned, acknowledge that all representations made
in this application are true and accurate to the best of my
knowledge and authorize City representatives to visit and
photograph the property described in this application.
Sig ature of property owner or representative
STATE OF FLORIDA, COUNTY OF PINELLAS
Swom to and subscribed before me this ~! sr day of
_, A.D. 20~_ to me and/or by
P~ u GCv ,who is personally known has
produced F)ocrd~ Drlvens ~.rc~s-e
as identificat`ion~.
V
tary p g
My co is ion expires: ~ tg rt~. G$~ a, .`, Al
~v ` O~
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Page 6 of 7 ~ ` \' ,,,YS~~(t~ .
r:
N. AFFIDAVIT TO AUTHORIZE AGENT:
1. Provide names of all property owners on deed -PRINT full names:
2. That (I am/we are) the owner(s) and record title holder(s) of the following described property (address or general location):
3. That this property constitutes the property for which a request for a: (describe request)
4. That the undersigned (has/have) appointed and (does/do) appoint:
as (his/their) agent(s) to execute any petitions 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 (I/we), the undersigned authority, hereby certify that the foregoing is true and correct.
Property Owner Property Owner
____ Property Owner T Property Owner
STATE OF FLORIDA,
COUNTY OF PINELLAS
Before me the undersigned, an officer duly commissioned by the laws of the State of Florida, on this day of
personally appeared who having been first duly sworn
Deposes and says that he/she fully understands the contents of the affidavit that he/she signed.
Notary Public Signature
Notary Seal/Stamp My Commission Expires:
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Page 7 of 7
OR\~'\
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Line Items:
Case No
Receipt #: 1200700000000009871
Date: 11/02/2007
11/2/2007
11:SS:15AM
Tran Code Description
Revenue Account No
Amount Paid
FLS2007-11049 03 Flex Std-Commercial 010-341262 475.00
Line Item Total: $475.00
Payments:
Method Payer Initials Check No Confirm No How Received Amount Paid
Check RUCKUS INVESTMENTS LC R D 5904 In Person 475
Payment Total: $475.00
;~
THIS IS NOT A PERMIT.
This is a receipt for an application for a permit.
This application will be reviewed and you will be notified as to the outcome of the application.
Page l of l
cReceipLrpt
If loss should result from any act of the insured claimant, as stated above, that act
shall nol void this policy. but the Cmnpany, in that event, shall be required to pay only
that pan of any losses insured against. by this policy which shall exceed the antowti, if
any, lost to the Company by reason of the impairment by the insured claimant of the
Company's right ofsubrogation.
(h) The Company's Rights Against \on-Insumd Obligors.
The Company's right ofsubrogation against non-insured obligors shall exist and
shall include, without limitation, the rights of the insured to indemnities, guaranties,
other policies of insurance or bonds, notwithstanding any leans or conditions
contained in those instruments which provide for subrogation rights by reason of this
policy.
14. ARBITRATION
1 nlc prohibited b}_apnlicatilc law arbitration puruant to the Title ]nsurance
Arbitration Rules of the American Arbitration Association may be demanded if agreed
to b~ both the Comnanv and the insurul Arbitrable matters may include but are not
limited to arty controversy or claim beriveen the Comn~m~ end the insured arisine cut
of or mlatin to this oolicv any sen~ice of the Company in connection n•ith its
issuance or the breach of a uolicy provision or other obligation. Arbitration pursuant
tp this oolicv and under the Rules in effect on the date the demand for arbitration is
made or at the option of the insured the Rules in effect at Date of policy shall be
binding upon the parties The award may include attorneys' fees only if the laws of
the state in which the land is la:ated permit a court to awanl attorrxvs' fees to a
nrevailine party Judement umn the award rendered by the Arbitrator(s) may be
entered in any coon having inrisdiction thereof.
The law of the silos of the land shall apply to an arbitration under the Title
Insurance Arbitration Rules.
A copy of the Rules may be obtained from the Company upon request.
Ar
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I5. LIABILITY LIi~4ITED TO THIS POLICY; POLICY ENTIRE
CONTRACT
(a) This policy together with all endorsements, if any attached hereto by the
Canpany is the entire policy and contract between the insured and the Company is the
entire policy and contract benvtxn the insured and the Company. In interpreting any
provision ofthis policy, this policy shall be construed as a whole.
(b) Any claim of loss or damage, whether or not based on neelieence, and
which arises out of the status of the title to the estate or interest coveredvhereby or by
any action asserting such claim, shall be restricted to this policy..
(c) No amendment of or endorsement to this policy can be made except by a
writing endorsed hereon or attached hereto signed by either the President, a Vicc
President, the Secretary, an Assistant Secretary, or validating officer or authorized
sibmatory of the Company.
16. SEVERABILITY
In the event any provision of the policy is held invalid or unenforceable under
applicable law, fhe polic}• shall be deemed not to include that provision and all other
provisions shall remain in full force and effect.
17. NOTICES, ~YHERE SENT
All notices required to be given the Company and any statement in writing
required to be furnished the Company shall include the number ofthis policy and shall
tx: addressed to the Company at Fidelity National Title Insurance Company, Claims
Department, P.O. Box 45023, Jacksonville, Florida 32232-5023.
"I'he telephone number to present inquiries or obtain information about coverage and to
provide assistance is 1-888-310-2316.
1
a~y~
~~~y
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~ ro
~~~~
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UR(Git~AL
d
`~ ' REC'E?'VEQ
' =~ ~ 2 2007
1'L,aAVNi~VG i~tPgR1ME-~~'
CliY OF eLEARWATF
• •
_ Fidelity National Title
~~~~~ Insurance Company
u~
SCHEDULE A
Date of Policy. June 29, 2007
Amount of Insurance: $300,000.00
1. Name of Insured:
RUCKUS INVESTMENTS, LC, A FLORIDA LIMITED LIABILITY COMPANY
2. The estate or interest in the land which is covered by this policy is:
FEE SIMPLE
3. Title to the estate or interest in the ]and is vested in:
RUCKUS INVESTMENTS, I~C, A FLORIDA LIMITED LIABILITY COMPANY
4. The land referred to in this policy is described as follows:
SEE ATTACHEll EXHIBIT" "A"
Countersigned: Bryan W. Sykes; P.A.
605 South. Fremont Avenue
Suite B
mpa, FL 33606
BY:
A ze Signatory
FORM 5?32 (8 94)
REPRINTED (5;q7)
AMERICAN LAND TITLE ASSOCIATION OR'NERS POLICY (10-17A2)
with ~r~~j~i§njjq~
12EC~':v. Ef?
6:x'3 ~~ 2007
i'LANNiNC i~cr~ARTMENT
CITY OF OLEARWATER
• •
_ Fidelity National Title
~~~~~ L~suranee Company
~_~
SCHEDULE B
1/XCEP'T10NS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorney's fees or
expenses) which arise by reason of:
1. All assessments and taxes for the year 2007 and all subsequent years, which are not yet due and
payable.
2. Covenants, conditions and restrictions recorded in Official Records Book 5070, Page 1277, Public
Records of Pinellas County, Florida, but deleting any covenant, condition or restriction indicating a
preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or
national origin to the cxtenl such covenants, conditions or restrictions violate 42 USC 3604(e).
THE TELEPHONE NUMBER TO PRESENT INQUIRIES UR OB'1'ALN INFORMA'I'lON ABOUT
COVERAGE A'VD TO PROVIDE ASSISTANCE IS I-300-669-7450.
WRAT i. =2 (844)
REPRNTED (5 97)
AMER1CAiJ IAKD TITLE ASSOCIA710\ OU^,r'ERS POLICY (10-17-92)
with Fbrida Mndificatian
ORIGINAL.
REC°~`VEQ
-'~= C ~ 2007
PLANNING ur:r~ARTMENr
CITY OF CLEARWATER
•
__ Fidelity National Title
~~~~~ Insurance Company
EXHIBIT "A"
That part of the Southeast 1/4 of the Northeast 1/4 of Section 13, Township 29 South, Range
15 East, Pinellas County, Florida, described as follows: From the Southeast corner of the
Southeast 1 /4 of the Northeast 1 /4 of said Section 13, Township 29 South, Range 15 East, run
thence North 89°22'44" West along the East-West centerline of said Section l 3, 50.0 feet; thence
North 0°08'02'' West, along Westerly right-of--way line of Belcher Road, 700.06 feet to the point
of intersection, of the South right-of--way line of Rainbow Drive and the West right-of--way line of
Belcher Road; thence North 89° 22'44" West along the South right-of--way line of Rainbow Drive,
280.0 feet for the Point of Beginning; thence South 0°08'02" East, 129.96 feet to a point for
comer; thence North 89°24'28" West 274.67 feet to the East right-of--way line of Main Avenue to
a point for corner. Point also being North 0°23'58" West 520.00 feet from the North right-of-
way line of Gulf to Bay Boulevard; thence North 0°23'58" West along said East right-of--way line
130.0 feet to the intersection of the South right-of--way line of Rainbow Drive and East right-of-
way line of Main Avenue; thence South 89°24'28" East along the South right-of--way line of
Rainbow Drive, 209.48 feet to a point on the South right-of--way line of Rainbow Drive; thence
continue South 89°22'44" East along the South right-of--way line of Rainbow Drive, 65.79 feet to
the Point of Beginning.
FORM 53?2 (8~9a)
REPRINTED (5 9; )
AMERICAN fANU Tli'LE ASSOCIATION OR'NERS POLICY (10.17-92)
with FMrida Modification
~RIGiNAL
RE~':~(ED
~~~:~ c 2 2007
PiANIVitiG ut~ARTfVIEI•~-
CIiY OF CLEARWATI"~~
•
er's Policy of Title Insurance
Fidelity Natiot7al Title Insurance Company
A Stock Company
Policy Number FL5447-10-Cariisle/Ruckus-2007.27 1 0609-746 1 3066
OWNER'S POLICY OF TITLE INSURANCE
SUB.IECT TO THE EXCLUSIONS 1"ROM COI~ERAGE, TILE EXCEPTIONS FROII~ COVERAGE
CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, FIDELITY
NATIONAL TITLE INSURANCE COMPANY, a California corporation, herein called tlae Company,
insures, as of Date of Policy short-:a in Schedule A, against loss or- damage, not exceeding the Amorrrat of
htsur•arrce stated in Schedule A, sustained or intro^red by the irasarred by reason of
1. Title to the estate or interest described irr Schedzde A being vested other than as stated
llaereirt;
2. Any defect in or lien or encumbrance on the title;
3. L'rmtarketahility of the title;
4. Lack of a right of access to and. fr^orn the land.
The Company rill also pay the costs, attor^neys'•fees grad expenses incur^red in defense of the ti11e, as
irastrrecl, but only to the e_rtent provided in the Conditions and Stipulations.
This policy shall not be valid or binding until Schedule A has been countersigned by either a duly
authorized agent or representative of the Company and Schedule B has been attached hereto.
IN WITNESS WHEREOF, IIDELITY NATIONAL TITLE INSURANCE COMPANY has caused this
policy to be.rigrted artd sealed by its duly authorized officers as of Date ~fPolicy shown ira Sched:rleA.
FL5447 Carlisle/Ruckus
Bryan W. Sykes, PA
605 Fremont Avenue, Suite B
Tampa, FL 33606
Tel:(8l3) 514-1776
Fax:(8i3) 692-1161
C
i' ii)N;i,1T1' NA'i'IONAI. "1'1TLh; 1tiSt:12Ai\CF_ C:O17PAi~Y
SEAL
DfK!{1M11
ATTEST U~/
sn..+,ry
(,~ A4tthorized Signature
Bryan W. Sykes, Esq.
FORM 1332 (7/05) (2710609) ALTA Owner's Policy (10-17-92) with Florida Modifications
C?RIGINAi.
REC~"~/EG
f ' ~':' G 2 20Q7
~rarvnl~IVG ~t~r~Ti~~.
CRY OF CLEARVI/:~~~
•
EXCLUSIONS FROi17 COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company +vill not pay less ar damage, costs, attotne}•s' fees or expenses which arise by
reason oG
1. (a) Any law, ordinance or govermmental regulation (including but not limited to building and zoning laws, ordinances or regulations) restricting, regulating, prohibiting ar
relating to (i) the occupancy, use, or enjoyrrtem of the land; (ii) the character, dimensions nr location of any improvement now or hereafter erected an the land: (iii) a
separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) enviromnental protection, or the effect
of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or
encumbrance resulting from a violafion or alleged violation affecting the land has been recorded in the public recordsat Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien nr encumbrance resulting
from a violation or alleged violation affecting the land had been n-corded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but trot excluding from coverage any taking which
has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, sutTered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the
insured claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would oat have been sustained in the insured claimant had paid value for the estate or interest insured by this policy
4. Any claim which arises out of the tmnsaction vesting in the Insured the estate or interest by this policy, by reason of the operation of federal bankruptcy, state insoh~ency, or
similar creditors' rights laws, that is based on:
(a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or
(b) the transaction creating the estate or interest insured b}'this policy being deemed a preferential transfer except where the preferential transfer results from the failure:
(i} ro timely record the instrument oftransfer; or
(ii) of such recordation to irrtpan notice to a purchaser for value or a judgment or lien creditor.
CONDITIONS AND STIPULATIONS
I. DEFtN1T10NSOF7'ERi19S
The following teens n hen used in this policy mean:
(a) "insured": the insured natrttd in Schedule A, and, 5tihject to any rights or
defenses the company +vould have had against the named insured, those who succeed
to the interest of the named insured by operation of law as distinguished from purchase
including, but not ]invited to, heirs, distributes, devisees, survivors, personal
representatives, next of kin, or corporate or tiduciary• successors.
(b) "insured claimant": and insured claiming loss or damage.
(c) "knowledge" or "known": actual knowledge, not constructive knowledge
or notice which may be imputed to an insurod by reason of the public records as
defined in this policy or any other records which impart constructive notice of ntatiers
affecting the land.
(d) "laird": the land described or refereed to in Schedule A, and improvements
affixed thereto which by law constitute real property. The term "land" does not
include any property beyond the lines of the area described er referred to in Schedule
A, nor any right, title, interest, estate. or easement in abutting streets, roads, avenues,
alleys, lanes, ways or watcr+•ays, but nothing herein shall modify or litnit the extent to
which a right of aceess to and tiara the land is insured by this policy. '
(e) "mortgage": mortgage, deed of trust, trust deed, or other security
instrument.
(f) "public records': records established under stale statutes at Date of Policy
for the purpose of imparting constructive notice of matters relating to real property to
purchasers for value and without knowledge. With respect to Section l {a)(iv) of the
Exclusions From Coverage, "public records" shall olso include environmental
protection liens in the records of the clerk of the United States district court for the
district in which the land is located
(g) "unmarketability of the title". an alleged or apparent matter affecting the
title to the land, not excluded or excepted from coverage, which would entitle a
purchaser of the estate or interest described in Schedule .A or the insured mortgage to
be released flora the obligation to purchase by virtue of a contractual condition
requiring the delivery of marketable title.
2. CONTINUATION OF INSURANCE AFTER CONYF,YANCE OF TITLF,
Ttte coverage of this policy shall evntinue in force as of llate of Policy in favor
of an insured only so long as the insured retains an estate or interest in the land, or
holds an indebtedness secured by a purchase money mortgage given by a purchaser
from the insured, or only so long as the insured shall have liability by reason of
covenants of warranty made by the insured in any transfer com'eyance of the estate or
interest. This policy shall not cominue in force in favor of any purchaser from the
insured of either (i) an estate or interest. in the land, or (ii) an indebtedness secured by
a putt:hase nroney mortgage given to the insured.
3. NOTICE OF CLA1~1 TO RE GIYEN RY INSURED CLAii\1ANT
The insured shall notify the Company promptly in writing {i) in case of am•
litigation as set forth in Section 4{a) below, (ii) in case knowledge shall come to an
insured hereunder of any claim of title or interest which is adverse to the title to the
estate or interest, as insured, and which might cause loss or damage for which the
company may be liable by virtue of this palicy, or {ii) if title Io the estate or interest, as
insured, is rejected as unmarketable. If prompt notice shall not be given ro the
compan}; then as la the insured all liability of the Company shall terminate with
regard to the matter or matters fonuhich prompt notice is required; provided, however,
that failure to notify the Company shall in no case prejudice fhe rights of any insured
under this policy unless the Company shall be prejudiced by the failure and then only
to the extent of the prejudice.
4, DEFENSE AND PROSECUTION OF ACTIONS: llU1'Y OF INSURED
CLAib9ANT TO COOPF,RATE
(a) Upan written request by the insured and subject to [he options contained in
Section 6 of these Conditions and Stipulations, the Company, at its o+vn cost and
without unreasonable delay, shall provide for the defense of an insured in litigation in
which any third party asserts a claim adverse to the title or interest as insured, but only
as to those stated causes of action alleging a defect, lien or encumbrance or other
matter insured against by this policy. The Company shall have the right to select
counsel of its choice (subject to the right of the insured to object for reasonable cause)
to represent. the insured as to those stated causes of action and shall not be liable for
and will not pay the fees of any other counsel. The Company will not pay any fees,
cost or expenses incurred by the insured in the defense of thane causes of action which
allege mailers not insured against by this policy.
(b) The Company shall have the right, at its own cost, to institute and prosecute
any action or proceeding or to do any other act which in its opinion may be necessary
or desirable to establish the title Io the estate yr tolerant, as insured, or to prevent yr
reduce loss or damage [o the insured. The Company may take any appropriate action
under the term of this palicy, +rhether or not it shall be liable hereunder, and shall not
thereby concede liability or waive any pro~~sion of this palicy. If the Company shall
exercise its rights under this paragraph, it shall do so diligently.
(e) Whenever the Company shall have brought an action or interposed a
defense as required or permitted by the provisions of this policy, the company may
pursue any litigation to final determination by a court of competerm jurisdiction and
expressly reserves the right, in its sole discretion, to appeal from any adverse judgment
or order.
{d) In all cases where this policy permits or requires the Company to prosecute
or provide for the defense of any action or proceeding, the insured shall secure to the
Company the right to so prosecute or provide defense in the action or proceeding, and
all appeals therein, and permit the Company to trse, at its option, the name of the
insured for this purpose. Whenever requested by the Company, the insured, at the
Compam%s expense, shall give the Company all reasonable aid (i) in any action or
proceeding, securing evidence, obtaining witnesses, prosecuting or defending the
action or proceeding , or effecting settlement, and (ii) in any other la+vful act which 1
the opinion of the Company tnay be necessary or desirable to establish the title to the
estate or interest, as insured. If the Company is prejudictxl by the failure of the insured
®RIGlNAf.
~2EG~`:~~E~~
`~?'= 0~ 2007
~t.~,PJfVi1~,'G u~rA€~3tv?: .
cen~ o~ `i~~w~~~~~
•
under the policy shall terminate, including any liability or obligation to defend,
prosecute, or continue any litigation, n•ith regard to the matter or matters requiring
such cooperation.
5. PROOF OF LOS5 OR DA~IAGF,
In addition to and after the notices required under Section 3 of these Conditions
and Stipulations have btxn provided the company, a proof of loss or dantaee signed
and sworn to by the insured claimant shall ascertain the facts giving rise to the loss or
damage. The proof of loss or damage shall describe the defect in, or lien or
encinnbrance on the title, other matter insured against by this pot icy +chich constitutes
the basis of loss or dmnagc and shall state, to the estem possible, the basis of
calculating the amount of the loss or damage. If the Canpanp is prejudiced by the
failure of the insurexl claimant to provide the required proof of loss or damage, the
Company's obligations [o the insure under the policy shall terminate, including any
liability or obligation to defend. pmsecme, or continue any litigation, with regard fn
the matter or matters requiring such proofof loss or damage.
]n addition, the insure claimant may reasonably be required to submit to
examination under oath by an amhorized representative of the Company and shall
produce for examination, inspection and cop}~ng, at such reasonable times and places
as may be designated by any authorized representative of the Company, all rccorcfs,
books, ledgers, chocks, correspondence and memoranda, whether bearing a date before
or aRer Datc of Policy, which reasonably pertain to the loss or damage. Further, if
requested by any authorized representative of the Company, all records, books,
ledgers, checks, correspondence and memoranda, whether hearing a date betbre or
after Date of Policy, which reasonably pertain to the loss or damage. Further, if
requested by an authorized rcprescntatiwe of the Company the insured claimant shall
grant its permission, in writing, for any authorized representative of the Company to
examine, ins}x:ct and copy all records, books, ledgers, checks, cornslwndence and
memoranda in the custody or control of a third party, +ahich reasonably pertain to the
loss or damage. Alf infomv~tion designated as confidential by the insured claimant
provided to the Company pursuant to this Section shall not be disclosed to others
unless, in the reasonable judgmtent of the Company, it is necessary in the
administration of the claim. Failure of the insured clairmnt to submit for examination
under oath, produce other reasonably requested information or grant prnnission to
secure reasonably necessary information from third panics as required in this
paragraph shall terminate any liability of the Company under this policy as [o that
claim.
6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS;
TERi\91NATION OF LIABILITY
In case of a claim under .this policy, the Company shall have the following
additional options:
(a) To Pay or Tender Payment of the Amount of Insurance
To pay or tender payment of the amount of insurance under this policy
together with any costs, attomeys' fees and expenses incurred by the insured claimant,
which +e•ere authorized by the Company, up to the time of payment or tender of
payment and which were authorized by the Company, up to the time of payment or
tender of payment and which the Company is obligated to pay.
Upon Utc exercise by the Company of this option, all liability and
obligations to the insured under this policy, other than to make the payment required,
shall terminate, includatg any liability or obligation to defend, prosecute, or continue
any litigation and the policy shall be surrendered to the Company forcancella[ion.
(h) To Pap or Otherwise Settle \Vith Parties Other than the Insured nr
With the Insured Claimant
(i) to pay or olhenvise settle with other panics for or in the name of an
insured claimant any claim insured against under this policy, together with an}• costs,
attomeys; fees and axpcnses incurred by the insure claimant which were authorized by
the Company up to the time of payment and which the Company up to the time of
payment and which the Company is obligated io pay; or
(ii) to pay or othen+•ise settle with the insured claimant the loss or
damage provided for under this Iwiiq•, togettn;r with any rusts, attorneys' fees and
expenses incurred by the insured claimant nhich were authorized by the Company up
to the time of payment and which the company is obligated to pay.
Upon the exercise by the Company of either of the options provided for in
paragraphs b(i) or (ii), the Company's obligations to the insured under this policy for
the claitrred loss or damage, other than the payments required to be made. shall
terminate, including any liability or obligation an defend, prosecute or continue any
litigation.
7. DF,TERD71NAT10N, E\TENT OF LIABILITY ANII COINSURANCE
This policy is a contract of indemnity against actual monetary loss or damage
sustained or incurred by the insured claimant who has suffered loss or damage by
rrason of matters insured against by this policy and only to the extent herein described.
(a) The liability of the Company under this policy shall not exceed the least of
(i) the Amount of Insurance stated I Schedule A; or,
(ii) the difference between the value of the insured estate or interest a'
insured and the value of the instrred estate or interest subject to the defect, lien o.
encumbrance insured against by il»s policy.
(b) The Company will pay only those costs, attorneys' fees and expenses
incurred in accordance with Section 4 of these Conditions and Stipulations.
S. APPORTIONA7UN7'
If the land described in Schedule A consists of two or more parcels which arc
not used as a single silo, and a loss is established affecting one or mme of the parcels
but nM all, the Toss shall be computed and settled on a pro rata basis as if the amount
of insurance under this policy was divided pro rata as to the value on Date of Policy
of each separate parcel to the whole, exclusive of any improvements made suhse-
quent to Date of Policy, unless a liabiliq• or value has olhenvise been agreed upon
as to each parcel by the Company and the insured at the rime of the issuance of this
policy and shown by an express statement or by an endorsement attached to this
policy.
9. hIA91TATIONOFLIABILITY
(a) If the Company establic_hes the title, or removes the alleged defect, lien
ar encumbrance, or cures the lack of a right of access to or from the land, ar cures
the claim of unmarkctability of title, all as insured, in a reasonably diligent manner
by any method, including litigation and the completion of any appeals therefrom,
it shall have fully performed its obligations with respect to that matter and shall
not be liable for any loss or damage caused thereby
(b} In the event of any litigation, including lineation by the Company or with
the Company's consent, the Company shall have no liability for loss or damage
until there has been a final determination by a court of competent jurisdiction, and
disposition of all appeals therefrom, adverse to the title, as insured.
(c) "I'he Compam• shall not be liable for loss or damage ro any insured for
liability voluntarily assumed by the insured in sealing any claim or suit without the
prior written consent of the Company.
10. REDUCTION OF INSURANCF,; REDUCTION OR TERMINATION OF
LIABI LIT]'
All payments under this policy, except payments made for costs, attorneys'
fees and expenses, shall reduce the amount of the insurance pro Canto.
lt. LIABILITY NONCUBIULATIVE
It is expressly understood That the amount of insurance under this policy shall
be reduced by any amount the Company may pay under any policy insuring a
mortgage to which exception is taken in Schedule B or to +which the insured has
agreed, assumed, or taken subject, or which is hereaRer executed by an insured and
which is a charge or lien ar the estate or interest described or referred to in Schedule
A, and the amount so paid shall be deemed a payment under this policy to the
insured owner.
12. PA]'AlENTOFLOSS
(a) No payment shall be mode without producing this policy for endorsement
of the payment unless the policy has been lost or destroyed, in which case proofof Inns
or destruction shall he furnished to the satisfaction of the Company.
(b) When liability and the extent of loss or damage has been definitely filed in
accordance with these Conditions and Stipulations, the loss or damage shall be payable
within 30 days thereafter.
13. SUBROGATION UPON PA]11ENT OR SETTLED9ENT
(a) The Company's Rlght ofSubrogatlon.
Whenever the Company shall have settled and paid a claim under this policy, all
right of subrogation shall vest in the Company unaffected by any act of the insured
claimant.
The Company shall be subrogatcd to and be entitled to all rights and remedies
which the insured claimant would have had against any person or property in respect
to the claim would have had against any person or property in respect to the claim had
this policy not lien issued. if reyu~tetl by the Company the insured claimant shall
transfer to [he Company all rights and remedies against any person or pmpeny
necessary to order to perfect this right of subrogation. The insured claimant shall
permit the company to sue, compromise or settle in the name of the insured claimant
and to use the name of the insured claimant in am• transaction or litigation im•olving
these rights or remcxlics.
if a payment on account of a claim does out fully cower the loss of the insurtxl
claimant, the Company shall be subrogated to these rights and remedies in the
pro)wrtion which the Company's payment bears to the whole amount of the loss.
~JRIGiNAl
RECJEG
~`~'~~ 0~ 20~~
PL"•u'VItiiLG utrliKi
CITY OF CLE~R~~ r
• •
FLS2007-11049
301 S MAIN AVE
QUALITY POWER
PLANNER OF RECORD: NOT ENTERED
ATLAS # 289B
ZONING: C
LAND USE: CG
RECEIVED: 11 /02/2007
INCOMPLETE:
COMPLETE:
MAPS
PHOTOS:
STAFF REPORT:
DRC
CDB:
CLWCoverSheet
Page 1 of 1
Wells, Wayne
From: KR1276@aol.com
Sent: Tuesday, April 01, 2008 9:09 AM
To: Wells, Wayne
Subject: Re: Case # FLS2007-11049, 301 S. Main Avenue
Wayne,
Wanted to give up an update. We will not have the package in by noon today. The architect was trying to rush
it but I felt it was better that we took a little more time to make sure we covered all the areas discussed. I will
have the package to you before the end of business on Thursday.
Thanks,
Keith
Create a Home Theater Like the Pros. Watch the video on AOL Home.
4/1/2008
Page 1 of 1
Wells, Wayne
From: Wells, Wayne
Sent: Thursday, March 13, 2008 5:20 PM
To: 'KR1276@aol.com'
Cc: Thompson, Neil
Subject: Case # FLS2007-11049, 301 S. Main Avenue
Keith
I finally got a time to talk with Gina Clayton, Assistant Planning Director. You may request as part of your
application for "retail sales and services" (as your main use) the additional use of "outdoor retail sales, display
and/or storage". Please use the standards of Table 2-703 for the "outdoor retail sales, display and/or storage,"
as well as the flexibility criteria of Section 2-703.L, to guide your design of this outdoor (storage) area. What we
will be looking for is that it be designed as an integral part of your building and site, the outdoor storage area
not be designed with chain link or other metal mesh fences (probably masonry columns linked with substantial
grillwork) and with vinyl windscreen shade cloth or other material acceptable to the Planning Department
providing 100 percent opacity on the inside of the grillwork to screen views of the outdoor storage area. The
maximum height of this outdoor storage area cannot exceed 15 feet in height and there needs to be foundation
landscaping along the north side of the outdoor storage area (assuming it is on the east side of the building as
we previously discussed).
I hope this helps with your design of your facility. If I can be of any further assistance, or review any preliminary
plans or written material, let me know.
Wayne
-----Original Message-----
From: KR1276@aol.com [mailto:KR1276@aol.com]
Sent: Monday, March 10, 2008 3:06 PM
To: Wells, Wayne
Subject: Fwd: Case # FLS2007-11049, 301 S. Main Avenue
Wayne,
Any news on the fence we talked about. My clock is ticking for the April deadline.
Thanks,
Keith
It's Tax Time! Get tips forms and advice on AOL Money & Finance.
3/13/2008
Page 1 of 1
Wells, Wayne
From: KR1276@aol.com
Sent: Wednesday, March 05, 2008 11:13 AM
To: Wells, Wayne
Subject: Re: Case # FLS2007-11049, 301 S. Main Avenue
Wayne,
Just following up to see if you had discussed the fence we were talking about.
I also contacted Doreen @ Northside and have been in contact with the person she was talking to for
Albertson's. As of last night, she is referring us to someone else but has not provided the contact yet.
Keith
It's Tax Time! Get tips, forms and advice on AOL Money & Finance.
3/5/2008
• ~ Page 1 of 1
Wells, Wayne
From: Wells, Wayne
Sent: Thursday, February 28, 2008 10:48 AM
To: 'KR1276@aol.com'
Subject: RE: Case # FLS2007-11049, 301 S. Main Avenue
Friday @ 2 pm sounds fine. See you at my office (100 S. Myrtle Avenue, Second Floor). Thanks.
-----Original Message-----
From: KR1276@aol.com [mailto:KR1276@aol.com]
Sent: Thursday, February 28, 2008 10:44 AM
To: Wells, Wayne
Subject: Re: Case # FLS2007-11049, 301 S. Main Avenue
How about Friday @ 2:OOpm. I just picked up the plans and would like to review them with you.
Delicious ideas to please the pickiest eaters. Watch the video on AOL Livinq_
2/28/2008
. ~ Page 1 of 1
Wells, Wayne
From: Wells, Wayne
Sent: Tuesday, February 26, 2008 11:44 AM
To: 'KR1276@aol.com'
Subject: Case # FLS2007-11049, 301 S. Main Avenue
Keith -
I am available Friday afternoon and otherwise next week, but not Monday.
Wayne
-----Original Message-----
From: KR1276@aol.com [mailto:KR1276@aol.com]
Sent: Tuesday, February 26, 2008 11:27 AM
To: Wells, Wayne
Subject: Case # FLS2007-11049
Wayne,
I am supposed to pick up the drawings on Wed and would like to schedule a time I could meet with you
and review where we are.
Thanks,
Keith Rucker
Delicious ideas to please the pickiest eaters. Watch the video on AOL Living.
2/26/2008
~-
o
" r
PLANNING DEPARTMENT
•
•
CITY O F C LEARWAT E R
POST OFFICE BOX 4748, CLEARWATER, FLORIDA 33758-4748
MUNICIPAI. SERVICES BUILDING, ZOO SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756
TELEPHONE (727) 562-4567 FAx (727) 562-4865
January 3, 2008
Keith Rucker
2066 %2 Gulf to Bay Boulevard
Clearwater, FL 33765
Re: Case No. FLS2007-11049
301 S. Main Avenue
Dear Mr. Rucker:
The above referenced Flexible Standard Development application was filed with our
office on November 2, 2007. A Letter of Incompleteness was sent to you on November
5, 2007. The planner assigned to your case no longer works for the Planning Department
and your case has been re-assigned to me. Should you have any questions regarding your
application and, specifically, how to complete your application, feel free to contact me at
727-562-4504 or at wayne.wells(2myclearwater.com.
Sincerely,
Wayn~M. Wells, AICP
Planner III
® ~ .._._ -
~~EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER~~
Clearwater
November O5, 2007
Keith Rucker
2066 1/2 Gulf To Bay Blvd
Clearwater, F133765
VIA FAX: 727-446-4882
RE: FLS2007-11049 -- 301 S MAIN AVE -- Letter of Incompleteness
Dear Keith Rucker
The Planning Staff has entered your application into the Department's filing system and assigned the case number:
FLS2007- 11049. After a preliminary review of the submitted .documents, staff has determined that the application is
Incomplete with the following comments.
1. Page 1 of 7. What is the request? What deviations are you requesting?
2. Page 3 of 7. Provide written submittal requirements for Section 2-703.R. Explain how each criteria is achieved.
3. Page 3 of 7, Complete Section E. Stormwater Plan Submittal Requirements.
4. Page 3 of 7, Section F: A parking demand study is needed if you are requesting to make
deviations to the parking standards.
5. Page 4 of 7, Section G. Site Data Table. Complete site data table.
6. Page 4 of 7, Section S. Site Plan Submittal Requirements: Provide all required setbacks,
required sight triangles, footprint and dimensions of all proposed buildings and structures and
location of all onsite and offsite storm-water management facilities.
7. Page 4 of 7, Section G. Provide reduced color site plan
8. Page 5 of 7, Complete Section H. Landscaping Plan Submittal Requirements.
9. Page 5 of 7, Section I Building Elevation Plan Submittal Requirements: Provide one full sized
set of colored elevations and materials.
10. Page 6 of 7, Complete Section K. Traffic Impact Study and Section L. Fire Flow Calculations.
Section 4-202 of the Community Development Code states that if an application is deemed incomplete,
the deficiencies of the application shall be specified by Staff. No further development review action
shall be taken until the deficiencies are corrected and the application is deemed complete. Please resubmit by Friday
November 9, 2007 at noon.
If you have any questions, please do not hesitate to contact me at 562-4567x2667 or
Justyna.Buszewski@myclearwater.com.
Sincerely yours,
Justyna Buszewski
Planner I
~Q .
CITY OF CLEARWATER
PLANNING DEPARTMENT
MUNICIPAL SERVICES BUILDING
100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756
TELEPHONE: (727) 562-4567 FAX: (727) 562-4576
W W W . MYCLEARWATER. C OM
Letter of Incompleteness - FLS2007-11049 - 301 S MAINAVE