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FLD2009-12045; 2165 GULF TO BAY BLVD; LAKESIDE AT CLEARWATERi FLD2009-12045 2165 GULF TO BAY BLVD LAKESIDE AT CLEARWATER PLANNER OF RECORD: WW ATLAS # 298B ZONING: MHP LAND USE: RLM RECEIVED : 12/01 /2009 INCOMPLETE: COMPLETE: MAPS: PHOTOS STAFF REPORT: DRC CDB: CLWCoverSheet CDB Meeting Date: February 16, 2010 Case Number: FLD2009-12045 (Related to LUZ2009-12003, DVA2009-00005 and FLD2009-12046) Agenda Item: D.2. (Related to E.3., E.4. and D.3.) Owners/Applicant: Nickel Plate Properties, Inc. Representative: E D. Armstrong III Esquire Johnson, Pope, Bokor, Ruppel & Burns, LLP Address: 2165 Gulf to Bay Boulevard CITY OF CLEARWATER PLANNING AND DEVELOPMENT DEPARTMENT STAFF REPORT GENERAL INFORMATION: REQUEST: Flexible Development application to permit 243 Attached Dwellings in the proposed Medium Density Residential (MDR) District with a proposed lot area of 803,028 square feet (18.435 acres), a lot width along Druid Road of 1301 feet and along S. Belcher Road of 618 feet and a building height of 41 feet (to midpoint of pitched roof) where 50 feet is allowable, as a Residential Infill Project under the provisions of Community Development Code Section 2-304.G, and a two year development order. CURRENT/PROPOSED Current: Mobile Home Park (MHP) District ZONING DISTRICT: Proposed: Medium Density Residential (MDR} District (Parcel 2) CURRENT/PROPOSED Current: Residential Low Medium (RLM) FUTURE LAND USE Proposed: Residential Medium (RM) (Parcel 2) CATEGORY: PROPERTY USE: Current Use: Vacant (former mobile home park) Proposed Use: 243 Attached Dwellings (13.181 dwelling units per acre) at a maximum height of 41 feet EXISTING North: Mobile Home Park (MHP) District SURROUNDING Vacant (former mobile home parks) ZONING AND USES: South: Low Medium Density Residential (LMDR) District Detached Dwellings East: Commercial (C) and Office (O) Districts Retail Sales uses and Office uses West: Low Medium Density Residential (LMDR) District Detached Dwellings ANALYSIS: Site Location and Existing Conditions: The 18.435 acres is located at the northwest corner of the intersection of S. Belcher Road and Druid Road. The subject property was previously developed with 193 mobile homes, which was part of a larger mobile home park development with a total of 295 mobile homes (all mobile homes and Community Development Board -February 16, 2010 FLD2009-12045 -Page 1 of 12 common facilities have been removed or demolished). The subject property has approximately 618 feet of frontage along S. Belcher Road and approximately 1,301 feet of frontage along Druid Road. Property to the north is presently zoned Mobile Home Park (MHP) District, is proposed to be rezoned to Commercial (C) District, is the northern portion of the larger former mobile home park and presently is vacant. This property to the north is proposed for retail sales. uses and restaurants under the companion Flexible Development application Case No. FLD2009-12046. Properties to the east across S. Belcher Road are zoned Commercial (C) District and Office (O) District and are developed with a bank, funeral home and offices. Properties to the south across Druid Road are zoned Low Medium Density Residential (LMDR) District and are developed with detached dwellings. Properties to the west of the subject property are zoned Low Medium Density Residential (LMDR) District and are developed with detached dwellings. Development Proposal: The former original mobile home park property is proposed to be divided into two parts. The applicant proposes to amend the land use designation for the northern portion (Parcel 1) from Residential Low Medium (RLM) to Residential/Office/Retail (R/O/R) and rezone it from Mobile Home Park (MHP) to Commercial (C) District, while the applicant proposes to amend the land use designation for this southern portion (Parcel 2) from Residential Low Medium (RLM) to Residential Medium (RM) and rezone it from Mobile Home Park (MHP) to Medium Density Residential (MDR) District (companion Case No. LUZ2009-12003). The northern portion (Parcel 1) is proposed for commercial development under the companion Case No. FLD2009- 12046. There is also a companion Development Agreement for the overall property (DVA2009- 00005). This southern portion (Parcel 2) of 18.435 acres is proposed to be developed with 243 attached dwellings at a density of 13.181 units per acre. Formerly, there were 193 mobile homes on this Parcei 2. in order to divide the property into iwo deveiopabie lots, a Division of a Lot of Record will need to be submitted prior to the issuance of any permits, and be approved and recorded in the public records (including the recording of a deed to create this parcel). Any approval of this application should include a condition requiring this Division of a Lot of Record. The proposal meets and/or exceeds required setbacks and perimeter landscape buffers for buildings, parking and other structures. The project is designed with a large retention pond on the east side of the property adjacent to S. Belcher Road, which provides drainage capacity not only for this residential development on Parcel 2 but also for the commercial development to the north on Parcel 1. There are 10 residential buildings proposed. Buildings 1, 3, 4, S, 6, 8 and 9 each have 24 units per building. Buildings 2 and 7 each have 36 units. There are three units on the south side of the clubhouse building. All buildings are three stories in height (41 feet to the midpoint of the pitched roof). The exterior finishes of the residential and clubhouse buildings are a combination of brick, stucco and painted, horizontal hardi-board, with wall colors of fired brick and worldly gray, alabaster trim and black swan shutters and accessories. Building roofs will have medium to dark gray shingles. The proposal includes one-story garage buildings on the west and north sides of the site, 13 feet in height to the midpoint of the pitched roof, with alabaster stucco walls and shingle roofs similar to the residential buildings. Community Development Board -February 16, 2010 FLD2009-12045 -Page 2 of 12 The design of this residential project includes three driveways on Druid Road, with the main driveway in the center of the project. A two-way driveway is planned on the western side, while a right-turn directional, exit-only driveway is proposed on the eastern side. There is a drive located northeast of Building 3 that connects to the access driveway to S. Belcher Road, which will be constructed on the commercial Parcel 1 to the north. This cross-access internal drive also allows residents to access the commercial development without the need to utilize local roadways. Parking for this project is along the outer edges of the property, except for parking in the center of the project off the main driveway that allows unimpeded access to the clubhouse for guests. Access to the majority of the parking will be gated. The proposal exceeds by four parking spaces the parking requirement of two parking spaces per unit. Forty-eight of the parking spaces will be in the one-story garages. Recreational amenities for this residential development include a clubhouse and pool between Buildings 3 and 8, located adjacent to the west side of the retention pond. Its location in the center of the project should minimize any noise issues to the adjacent detached dwellings on the northwest and west sides of this site, and to detached dwellings across Druid Road. The proposal includes aone-story, covered seating area on a dock-like structure within the retention pond. Additional recreational facilities are designed between Buildings 4 and 5, including a covered picnic area, open playground and a paver play area. The proposal also includes asix-foot wide multi-use trail around the north and east sides of the complex, interconnected to the grid-like sidewalk system that links the residential buildings and recreational amenities. The sole reason this application is being processed as a Residential Infill Project rather than as "attached dwellings" is due to the applicant requesting relief from the Flexibility criteria. for "attached dwellings" that states: "Off-street parking is screened from adjacent parcels of land and any adjacent street by a landscaped wall or fence of at least four feet in height." The applicant requests the deletion of the minimum four-foot high wall or fence from this parking screening requirement along the street frontage of Druid Road. The applicant asserts that the increased buffer width (increased from 15 to 25 feet) should be sufficient to screen the parking and that a four-foot fence or wall would not be as attractive. It is noted that the proposal complies with the minimum perimeter buffer landscaping requirements of a continuous hedge and trees for every 35 feet of the frontage. The hedge has been located approximately four feet off the pavement edge to maximize the screening abilities of the hedge to the parked vehicles. It is also noted that the applicant complies with Flexibility criteria for the landscaped wall or fence along the west and north property lines, where asix-foot high opaque fence is proposed, as well as landscaping along the fence. It is staff's position that the increased width of the buffer along Druid Road does not mitigate the Code requirement for the fence or wall (which must be landscaped). A fence or wall can be attractively done, especially with landscaping to enhance it. Staff recommends that the fence or wall be required to be installed along with the buffer hedge and trees or, as an alternative to the fence or wall, that the hedge be installed on top of a 3 - 4 foot high berm to assist in screening the parking that faces Druid Road. The applicant is requesting atwo-year development order due to market conditions. Community Development Code (CDC) Section 4-407 specifies that an application for a building permit must Community Development Board -February 16, 2010 FLD2009-12045 -Page 3 of 12 be submitted within one year of the date the CDB approves the project, unless otherwise specified under this approval. Also on this CDB agenda is a companion Development Agreement (DVA2009-00005) that must be approved by City Council, which provides for general and specific parameters of the project and other design considerations. Density: Pursuant to the Countywide Future Land Use Plan for the proposed Residential Medium (RM) land use category and CDC Section 2-301.1, the maximum density of 15 dwelling units per acre would allow for a maximum of 276 dwellings on this Parcel 2. The proposal is for a maximum of 243 dwelling units (13.181 dwelling units per acre), which is consistent with the Code provisions. The companion Development Agreement also restricts the density for this residential development to 243 dwelling units (see Case No. DVA2009-00005). Impervious Surface Ratio (ISR): Pursuant to CDC Section 2-301.1, the maximum allowable ISR is 0.75. The proposed ISR is 0.468, which is consistent with the Code provisions. Minimum Lot Area and Width: Pursuant to CDC Table 2-304, there is no minimum required lot area or lot width for a Residential Infill Project. However, for a point of comparison, the minimum lot area requirement for attached dwellings is 10,000 square feet. The proposed lot area for this Parcel 2 is 803,028 square feet (18.435 acres). For comparative purposes, the minimum lot width requirement for attached dwellings is 100 feet. The lot width along S. Belcher Road is approximately 618 feet and the lot width along Druid Road is approximately 1,301 feet. -The proposal exceeds these comparative Code provisions for attached dwellings.. Minimum Setbacks: Pursuant to CDC Table 2-304, the minimum front setback .for Residential Infill Projects can range between 10 - 25 feet (this site must meet front setbacks along both S. Belcher Road and Druid Road. Also, as a corner lot, the site must meet side setbacks on the north and west sides (no rear setback required), where the minimum side setback can range between 0 - 5 feet. It is noted that for attached dwellings, the minimum required front setback is 25 feet and five feet for the side setback. The proposal exceeds both the minimum front and side setback requirements. The design of the proposal includes the location of the parking lot at a front setback to the Druid Road property line of 25 feet. The proposal includes a large retention pond on the east side of the site, which pushes the actual development away from the S. Belcher Road property line. From the S. Belcher Road property line, the proposal includes a front setback of 270 feet to the closest building, 220 feet to pavement and 207 feet to a dumpster enclosure. The garage buildings on the west side are proposed at a 10-foot side setback and are oriented with the rear of the buildings facing the detached dwellings to the west. Pavement is located at a side setback of 27 feet on the west side of the site. Along the north property line, the proposal provides a side setback of 27 feet to the garage buildings, 45 feet to pavement and 10.7 feet to a multi-use trail. Maximum Building Height: Pursuant to CDC Table 2-304, the maximum allowable height for a Residential Infill Project (and attached dwellings) can range between 30 - 50 feet. The proposed three-story, residential buildings are 41 feet to the midpoint of the pitched roof. The garage Community Development Board -February 16, 2010 FLD2009-12045 -Page 4 of 12 buildings proposed along the north and west sides of the project are one story in height (13 feet to the midpoint of the pitched roof), which is similar in height to the adjacent detached dwellings to the north and west of this property. The closest three-story, residential building is proposed 122 feet from the north property line and 109 feet to the west property line, with surface parking and/or garage buildings separating these residential buildings from the property lines. From a compatibility standpoint to the adjacent detached dwellings to the west, the positioning of the garage buildings acts as an intervening use to assist with transitioning building height. Based on the distance the proposed residential buildings are located from this west property line, in conjunction with the proposed landscaping, fencing and the garage buildings, the proposed three- story residential buildings are compatible with the adjacent detached dwellings to the west. Likewise, based on the distance Buildings 1 and 2 are set back from the north property line, the proposed six-foot fence along the north property line and landscape improvements, the proposed three-story residential buildings are compatible with the adjacent detached dwellings to the north. There are detached dwellings across Druid Road to the south, where most of these dwellings are oriented with the rear of the dwellings to Druid Road. Druid Road is a 100-foot wide right-of--way. The closest proposed residential building to the south property line is set back 97 feet. With the landscape buffers between the property line and the parking lot, the proposed three-story residential buildings are compatible to the detached dwellings across Druid Road. The proposal also includes a covered seating area within the retention pond as an amenity to the residents, with its designed height at 17.5 feet to the midpoint of the pitched roof. Minimum Off-Street Parking: Pursuant to CDC Table 2-304, the minimum required parking for a Residential Infill Project (and attached dwellings) is two spaces per unit. With 243 proposed attached dwellings, 486 parking spaces are required for this project. The proposal exceeds this requirement by providing 490 total parking spaces, with 48 of these parking spaces in the garage buildings along the north and west. sides of this project. Use of these garages must not be converted to storage only, as to do so would reduce parking below the required minimum. This proposal provides access to the main driveway located on the commercial Parcel l to the north to S. Belcher Road, which will line up with the existing traffic light that accesses the Publix shopping center on the east side of S. Belcher Road. At this driveway intersection, new mast arms and traffic signal equipment will be installed when this proposed driveway on Parcel 1 is constructed. The new traffic signal equipment box will be located on the southwest corner of this intersection on this Parcel 2, which will necessitate the need for an easement for this box. This northern access drive, gated to prevent commercial traffic from entering the residential project, also provides internal vehicular cross access to the commercial uses proposed on Parcel 1 without the need to access local roadways. Internal sidewalk access between this residential project and the commercial uses on Parcel 1 is also proposed. The proposal also includes three driveways on Druid Road. There is a main driveway in the center that will provide uninhibited access to the clubhouse. The western driveway on Druid Road will be gated and will allow ingress and egress to the site. The eastern driveway on Druid Road will also be gated, but it will be only 20 feet in width and be for egress only, with only right turn capabilities. Existing driveways no longer being used will need to be removed and upright curbing and sidewalk restoration constructed in their place. Vehicular access to most of the dwelling units is restricted by proposed gates. Details regarding such gating have not been outlined on the plans submitted. Community Development Board -February 16, 2010 FLD2009-12045 -Page 5 of 12 Prior to the issuance of any permits, details regarding the restricted access via such gates, including pull off lane(s) and key pads/contact phones will need to be provided. Mechanical Equipment: Pursuant to CDC Section 3-201.D.1, all outside mechanical equipment must be screened so as not to be visible from public streets and/or abutting properties. The proposal locates exterior mechanical equipment on the ground around each building. Landscaping and/or fencing will provide screening of these air conditioning units and will be reviewed with the site development building permit. Sight Visibility Triangles: Pursuant to CDC Section 3-904.A, to minimize hazards at the proposed driveways on Druid Road and at the intersection of S. Belcher Road and Druid Road, no structures or landscaping may be installed which will obstruct views at a level between 30 inches above grade and eight feet above grade within 20-foot sight visibility triangles. The proposal was reviewed by the City's Traffic Engineering Department and found to be acceptable. Utilities: Pursuant to CDC Section 3-912, for development that does not involve a subdivision, all utilities including individual distribution lines must be installed underground unless such undergrounding is not practicable. Electric and communication lines for this development will be installed underground on-site in compliance with this requirement. There exist overhead utilities on the west side of the adjacent right-of--way of S. Belcher Road and the north side of the adjacent right-of--way of Druid Road. Due to the length of the site frontages on~these roadways, these existing overhead utilities should also be placed underground as part of this development (also in conjunction with the commercial development proposed on Parcel , ,l to the north). Additionally; there exist two power distribution easements on the subject property (14 feet wide and six feet wide) within blanket easements that will need to be vacated.. -.Evidence of such easement vacations will need to be provided prior to the issuance of the site development building permit. Exterior electric equipment (electric panels, boxes and meters) located on the outside of the buildings visible to adjacent roadways should be painted the same color as the buildings they are affixed to reduce their visibility. The location and visibility of such exterior electric equipment will be reviewed at time of building permits. It is noted that the drainage retention pond on the east side of this site will be the drainage facility for both this site (Parcel 2) and the commercial project to the north (Parcel 1) proposed under Case No. FLD2009-12046. Additionally, potable water and sanitary sewer systems are interconnected between Parcels 1 and 2. Easements for drainage, water and sewer lines and vehicular access are necessary. Any approval of this application should include a condition requiring such easements to be recorded in the public records, with copies to the City, prior to the issuance of the first Certificate of Occupancy. Landscaping: Pursuant to CDC Section 3-1202.D, there are 15-foot wide perimeter buffers required along S. Belcher Road and Druid Road and 10-foot wide perimeter buffers required along the north and west sides of this Parcel 2. The proposal complies with these required perimeter buffers and provides for increased perimeter buffers along the street frontages of 25 Community Development Board -February 16, 2010 FLD2009-12045 -Page 6 of 12 feet to coincide with the required structure setbacks. The proposal also exceeds the requirement for interior landscape area within the parking lot. A minimum of 10 percent of the vehicular use area is required as interior landscaping and the proposal provides 11.65 percent. Required foundation landscape area five feet in depth is provided for the residential buildings and common facilities facing S. Belcher Road and Druid Road. CDC Section 3-1202.E.1 requires interior landscape islands so that there is a maximum of 10 parking spaces in a row, but allows flexibility to allow up to 15 parking spaces in a row when necessary due to site circumstances. The proposal includes a parking row south of Buildings 6 and 7 that is designed with 20 parking spaces without an intervening landscape island. Prior to the issuance of any permits, the site and landscape plans should be revised to introduce a landscape island to this row of parking spaces. As previously discussed, the sole reason this application is being processed as a Residential Infill Project rather than as "attached dwellings" is due to the applicant requesting relief from the Flexibility criteria for "attached dwellings" that states: "Off-street parking is screened from adjacent parcels of land and any adjacent street by a landscaped wall or fence of at least four feet in height." The applicant requests the deletion of the minimum four-foot high wall or fence from this parking screening requirement along the street frontage of Druid Road. The applicant asserts that the increased buffer width (increased from 15 to 25 feet) should be sufficient to screen the parking and that afour-foot fence or wall would not be as attractive. It is noted that the proposal complies with the minimum perimeter buffer landscaping requirements of a continuous hedge and trees for every 35 feet of the frontage. The hedge has been located approximately four feet off the pavement edge to maximize the screening abilities of the hedge to the parked vehicles. It is also .noted that the applicant complies with Flexibility criteria for the landscaped.wall or fence along the west and north property lines, where asix-foot high opaque fence is proposed, as=well as landscaping along the fence. It is staff's position that the increased width of the buffer along Druid Road does not mitigate the Code requirement for the fence or wall (which must be landscaped). A fence or wall can be attractively done, especially with landscaping to enhance it. Staff recommends that the fence or wall be required to be installed along with the buffer hedge and trees or, as an alternative to the fence or wall, that the hedge be installed on top of a 3 - 4 foot high berm to assist in screening the parking that faces Druid Road. This residential project will be planted with various trees, including Florida elms, bald cypress (adjacent to the retention pond), red maple, southern red cedar, southern magnolia, southern live oak, crape myrtle, Indian date palm, sabal palm and Mexican fan palm. Due to the existence of overhead utilities along the west property line serving the adjacent detached dwellings, only accent trees are proposed (crape myrtle) to reduce conflicts with these overhead lines. Most, if not all, of the shrubs and groundcover plants are native, drought tolerant landscaping material. Solid Waste: The proposal provides dumpster enclosures (for trash and recycling bins) strategically located within the development for ease of truck pickup. Prior to the issuance of any permits for this project, details for these dumpster enclosures will need to be provided on the plans showing compliance with City standards, including the requirement to be consistent with Community Development Board -February 16, 2010 FLD2009-12045 -Page 7 of 12 the exterior materials and color of the residential buildings. The proposal has been found to be acceptable by the City's Solid Waste Department. Si a e: The proposal does not include any freestanding sign. Any proposed signage will be required to meet Code provisions. Landscape design and plantings need to coordinate with any such signage, so as to not shield the signage from view. Code Enforcement Analysis: There are no active Code Enforcement cases for the subject property. COMPLIANCE WITH STANDARDS AND CRITERIA: The following table depicts the consistency of the development proposal with the standards of the proposed Residential Medium (RM) land use category and the proposed Medium Density Residential (MDR) .District as per CDC Section 2-301.1 and Table 2-304: Standard Proposed Consistent Inconsistent Density 15 dwelling units per acre 13.181 dwelling units per acre X (maximum of 276 dwelling (243 dwelling units) units) Impervious Surface Ratio 0.75 0.468 X Minimum Lot Area Residential Infill Project: N/A 803,028 sq. ft. (18.435 acres) X (Attached dwellings: 10,000 square feet) Minimum Lot Width Residential Infill Project: N/A S. Belcher Road: 618 feet X (Attached dwellings: 100 feet) Druid Road: 1,301 feet Minimum Setbacks Front: Residential Infill S. Belcher Road: 270 feet (to X~ Project: 10-25 feet building); 220 (to pavement); (Attached dWCilingS: 2v7 i;Ct (to duiipSier CnCivSur2) 25 feet) Druid Road: 25 feet (to pavement) Side: Residential Infill North: 27 feet (to building); 45 X~ Project: 0-5 feet feet (to pavement); 10.7 feet (Attached dwellings: (to multi-use trail) five feet) West:: 10 feet (to building); 27 feet (to pavement) Maximum Height Residential Infill Project: 30-50 41 feet (to mid-point of pitched X~ feet (Attached dwellings: 30-50 roof) feet) Minimum Residential Infill Project: two 490 parking spaces (including X~ Off-Street Parking spaces per unit (Attached 48 garage parking spaces) dwellings: two spaces per unit) (2.016 spaces per unit) (486 re uired arkin s aces) ~ See nnalysis in Staff Report Community Development Board -February 16, 2010 FLD2009-12045 -Page 8 of 12 COMPLIANCE WITH FLEXIBILITY CRITERIA: The following table depicts the consistency of the development proposal with the Flexibility criteria as per CDC Section 2-304.G (Residential Infill Project): Consistent Inconsistent 1. The development or redevelopment of the parcel proposed for development is X otherwise impractical without deviations from one or more of the following: intensity; other development standards. 2. The development of the parcel proposed for development as a residential infill X project will not materially reduce the fair market value of abutting properties. 3. The uses within the residential infill project are otherwise permitted in the district. X 4. The uses within the residential infill project are compatible with adjacent land uses. XI 5. The development of the parcel proposed for development as a residential infill X project will upgrade the immediate vicinity of the parcel proposed for development. 6. The design of the proposed residential infill project creates a form and function X which enhances the community character of the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. 7. Flexibility in regard to lot width, required setbacks, height, off-street parking access X or other development standards are justified by the benefits to community character and the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. I See nnnlysis in Stnff Report. COMPLIANCE WITH GENERAL STANDARDS FOR LEVEL TWO APPROVALS: The following table depicts the consistency of the development proposal with the General Standards for Level Two Approvals as per CDC. Section 3-913: Consistent ~ Inconsistent 11 TL,. ,l ,],._. 1„ C L.. I J 'll L„ L..~_„ L L 1 L..II. I vl I 1. iuc piopv5cu ucv2lvplilcrlt vi tuc anu 'wiu uc iil ualllwn'y' "wiiu tue scale, uwn, n coverage, density and character of adjacent properties in which it is located. 2. The proposed development will not hinder or discourage development and use of X adjacent land and buildings or significantly impair the value thereof. 3. The proposed development will not adversely affect the health or safety of persons X residing or working in the neighborhood. 4. The proposed development is designed to minimize traffic congestion. X 5. The proposed development is consistent with the community character of the XI immediate vicinity. 6. The design of the proposed development minimizes adverse effects, including X' visual, acoustic and olfactory and hours of operation impacts on adjacent properties. See nnnlysis in StnfJReport SUMMARY AND RECOMMENDATION: The Development Review Committee (DRC) reviewed the application and supporting materials at its meeting of January 7, 2010, and deemed the development proposal to be legally sufficient to move forward to the Community Development Board (CDB), based upon the following: Community Development Board -February 16, 2010 FLD2009-12045 -Page 9 of 12 Findings of Fact. The Planning and Development Department, having reviewed all evidence submitted by the applicant and requirements of the Community Development Code, finds that there is substantial competent evidence to support the following findings of fact: 1. The 18.435 acres is located at the northwest corner of the intersection of S. Belcher Road and Druid Road; 2. The subject property has approximately 618 feet of frontage along S. Belcher Road and approximately 1,301 feet of frontage along Druid Road; 3. There is a companion proposal to amend the land use designation for this southern portion (Parcel 2) from Residential Low Medium (RLM) to Residential Medium (RM) and to rezone it from Mobile Home Park (MHP) to Medium Density Residential (MDR) District (Case No. LUZ2009-12003); 4. A companion Development Agreement (DVA2009-00005) must be approved by City Council, which provides for general and specific parameters of the project and other design considerations; 5. This Parcel 2 is proposed for 243 attached dwellings at a density of 13.181 units per acre; 6. The proposal meets and/or exceeds required setbacks and perimeter landscape buffers for buildings, parking and other structures; 7. There are 10 residential buildings proposed, all three stories in height (41 feet to the midpoint of the pitched roof); 8. There are one-story garage buildings on the west and north sides of the site (13 feet in height ' to the midpoint of the pitchedroof), providing 48 enclosed parking spaces; and 9. There are no active Code Enforcement cases for the subject property. Conclusions of Law. The Planning and Development Department, having made the above findings of fact, reaches the following conclusions of law: 1. That the development proposal is consistent with the Standards as per Tables 2-301.1 and 2- 304 of the Community Development Code; 2. That the development proposal is consistent with the Flexibility criteria as per Section 2- 304.G ofthe Community Development Code; and 3. That the development proposal is consistent with the General Standards for Level Two Approvals as per Section 3-913 of the Community Development Code. Based upon the above, the Planning and Development Department recommends APPROVAL of the Flexible Development application to permit 243 Attached Dwellings in the proposed Medium Density Residential (MDR) District with a proposed lot area of 803,028 square feet (18.435 acres), a lot width along Druid Road of 1301 feet and along S. Belcher Road of 618 feet and a building height of 41 feet (to midpoint of pitched roof) where 50 feet is allowable, as a Residential Infill Project under the provisions of Community Development Code Section 2- 304.G, and a two year development order, with the following conditions: Conditions of Approval: 1. That approval of this Flexible Development case is subject to the approval of a land use amendment and rezoning (LUZ2009-12003); Community Development Board -February 16, 2010 FLD2009-12045 -Page 10 of 12 2. That approval of this Flexible Development case is subject to the approval of a Development Agreement with the City (Case DVA2009-00005); 3. That application for a building permit to construct the approved project be submitted no later than February 16, 2012, unless time extensions are granted pursuant to CDC Section 4-407; 4. That, prior to the issuance of any permits, a Division of a Lot of Record be approved and recorded in the public records. In addition, prior to the issuance of any permits, the owner shall record a deed creating this parcel in accordance with the Division of a Lot of Record; 5. That there be a maximum of 243 dwelling units (13.181 dwelling units per acre); 6. That the final design and color of the buildings be consistent with the elevations approved by the CDB; 7. That the minimum front setback and perimeter landscape buffer along S. Belcher Road and Druid Road be 25 feet, while the minimum side setback and perimeter landscape buffer (north and west) be 10 feet; 8. That the buffer along Druid Road include a landscaped wall or fence of at least four feet in height or, as an alternative to the fence or wall, the buffer hedge be installed on top of a 3 - 4 foot high berm for the screening of parking; 9. That the maximum residential building height be 41 feet to the midpoint of the pitched roof; 10. That, prior to the issuance of any permits, details regarding the restricted access via gates, including pull off lane(s) and key pads/contact phones be provided and indicated on plans; 11. That use of the garages be restricted to the parking of vehicles and not be converted to storage only; 12. That, prior to the issuance of a Certificate of Completion of the site development permit, existing overhead utility lines along S. Belcher Road and Druid Road be undergrounded; 13. That, prior to the issuance of the site development permit, evidence be provided to the City of the vacation of two existing blanket power distribution easements on the property (14 feet wide and six feet wide); 14. That, prior to the issuance of any permits, site development plans indicate where existing driveways on Druid Road are no longer being used, such driveways be removed and upright curbing and sidewalk restoration constructed in their place; 15. That, prior to the issuance of any permits, the site and landscape plans be revised to introduce a landscape island to the row of parking spaces south of Buildings 6 and 7 that is indicated with 20 parking spaces without an intervening island; 16. That, prior to the issuance of the first Certificate of Occupancy, easements for access, drainage, sanitary sewer and potable water between Parcels 1 and 2 be recorded in the public records, with copies provided to the City; 17. That, prior to the issuance of any permits, dumpster enclosure details be provided on the plans showing compliance with City standards, including consistency with the exterior materials and color of the residential buildings; 18. That, prior to the issuance of any permits, screening of outside mechanical equipment comply with Code provisions; 19. That, prior to the issuance of the building permit, the location and visibility of electric equipment (electric panels, boxes and meters) be shown and, if located exterior to the building where visible from adjacent roadways, be painted the same color as the building; 20. That open space/recreational impact fees be paid prior to the issuance of the building permit; Community Development Board -February 16, 2010 FLD2009-12045 -Page I 1 of 12 21. That any applicable Public Art and Design Impact Fee be paid prior to the issuance of any permits; and 22. That, prior to the issuance of any permit, all requirements of the General Engineering, Stormwater Engineering, Traffic Engineering and Fire Departments be addressed. Prepared by Planning and Development De artment Staff: Wayne M Wells, AICP, Planner III ATTACHMENTS: ^ Location Map ^ Aerial Map ^ Zoning Map ^ Existing Surrounding Uses Map ^ Photographs of Site and Vicinity S:IPlnnning DepnrtnrentlCD BIFLEX (FLD)IPending cnsesl Up for the next CDBIGuIf to Bny 2/65 Residenrinl (MHDR) 20/O.xx - 2.!6.10 CDB - WWIGuIf to Bny Zl65 Residential FLD Staff Report.rloc Community Development Board -February 16, 2010 FLD2009-12045 -Page 12 of 12 Wayne M. Wells, AICP 100 South Myrtle Avenue, Clearwater, FL 33756 Phone: 727-562-4504 ~ Email: wavne.wells(a?,rrrycleartivater.coni PROFESSIONAL EXPERIENCE ^ Planner III Planning and Development Department, City of Clearwater, FL November 2001 to Present As part of the Development Review Division, prepared and presented staff reports for Flexible Standard Development (staff-level cases), Flexible Development (public hearing cases) and Plats before the Development Review Committee and the Community Development Board and Development Agreements before the City Council; Reviewed building permits for Code conformance; Prepared and/or assisted preparation of Code amendments; Provided public information (via telephone, mail, email, zoning counter or predevelopment meetings). ^ Zoning Coordinator Zoning Division, City of Pinellas Park, FL March 1989 to November 2001 Acting Zoning Director; Represented the Zoning Division on cases and issues before the City Council, Community Redevelopment Agency, Planning and Zoning Commission, Board of Adjustment and outside agencies; Prepared and presented staff reports for land use plan amendments, rezoned, planned unit developments, conditional uses, variances and site plans; Reviewed final site plans and building permits for Code conformance; Prepared and/or assisted preparation of Code amendments; Provided public information (via telephone, mail, zoning counter or predevelopment meetings). ^ Program Manager, Zoning Branch Manatee County Dept. of Planning and Development, Bradenton, FL June 1984 to March 1989 Trained and supervised three employees; Prepared and presented variances and appeals to the Board of Zoning Appeals; Coordinated final site plan and building permit review for Code conformance; Assisted in preparation of Code amendments; Provided public information (via telephone, mail, zoning counter or predevelopment meetings). Interim Code Enforcement Manager- Managed the Code Enforcement Section; Supervised six employees; Prosecuted cases before the Code Enforcement Board; Investigated and prepared cases of alleged violations of land use and building codes. Planner II, Current Planning Section -Prepared and presented staff reports for rezones, planned developments, special permits, plats and mobile home parks to Planning Commission and Board of County Commissioners; Reviewed final site plans and building permits for Code enforcement; Assisted in preparation of Code amendments; Provided public information (via telephone, mail, zoning counter or predevelopment meetings). ^ Planner I Alachua County Dept. of Planning and Development, Gainesville, FL June 1980 to June 1984 Prepared and presented staff reports for rezones and special permits to Planning Commission and Board of County Commissioners; Reviewed site plans and plats for Code conformance; Assisted in preparation of Code amendments; Provided public information (via telephone, mail, zoning counter or predevelopment meetings). Intern -Compiled and coordinated the Alachua County Information and Data Book; Drafted ordinance revisions; General research. ^ Graduate Assistant University of Florida Dept. of Urban and Regional Planning, Gainesville, FL 1979 to 1981 Coordinated downtown study for Mayo, FL; Coordinated graphics for Jefferson County Comprehensive Plan. ^ Planning Technician Planning Division, City of St. Petersburg, FL 1977 to 1979 Primarily prepared graphics, for both publication and presentation; Division photographer for 1'/2 years; Worked on historic survey and report. EDUCATION Master of Arts in Urban and Regional Planning (Degree not conferred; course work completed, thesis not completed), University of Florida, 1981 Bachelor of Design in Architecture, University of Florida, 1976 LICENSES & CERTIFICATES American Institute of Certified Planners American Planning Association, Suncoast Section TH E SITE PHOTO'S FOR FLD2009-12045 - 2165 GULF TO BAY BOULEVARD ALSO BELONG WITH LUZ2009-12003 / DVA2009-00005 / FLD2009-12046 ST ~ ~ ~ - ~ ~~~ . . .. ::: ~. t ~: ¢ "°~ ~ ~ z ~ ur cn ~ ° ~ ~ ~ASitN,QOp' : l z ~ ~ ~ z ~ ~ ~ ~ ~ ~ a N~~ ~~ ~ a z W W ~ ~ ~ ¢ WHITMAN ST z F ,.^ z ° p d_:4 tvtEL L1A •~' :+DRNEIt w CHAUCER ST p } O ~ SHELLEY ST z ~ S ~ LL O Z 6 ~'bd) GL7LF-TO$AY BLVD J OGERS u ~~ ~ -~ ~^i i i f i /,~ ~ ~~ ~ ~! 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Case: FLD2009-12045 Site: 2165 Gulf to Bay Boulevard Property Size: 18.445 acres PIN: 13-29-15-00000-410-0100 Atlas Page: 298B p N N N 403 407 409 411 ` ~ d ° W ' 2 y a 2 2 mono"~ NNNNN Q O Z O M Z Q HP Z N N f=^ p ~ 7 N O N m O N N O N b n1 N V GUL - O-BA LVD ~ GULF-TO-BAY BLVD m p N N R N N N V N (p N ~ 511 ~ ~ 520 519 ~ 525 52 525 ~ 52 529 ~ ~ 533 ° MHP ~ 529 N N N °f " i. N N 601 m m c°v o N 655 W " " " DR ~ N N m O O N N 693 n N O N N 715 m u°~ N " ,a o N " O m m 7 "~ °'~ N O °' "' N 0 m m 80 803 N N N N so N N N N ry^ $ ,y~,'~ 80 N N N ZONING MAP Owner: Nickel Plate Properties, Inc. Case: FLD2009-12045 Site: 2165 Gulf to Bay Boulevard Property Size: 18.445 acres PIN: 13-29-15-00000-410-0100 Atlas Page: 2988 N B N 5 3 '~ a ~ 40 / ~ 40 411 ~ ~ ® W ~ Retail Q Retail ~ „ A ~ Z Sales Z & Sales L0182 J a ~ Z fi ~ ~ ~ ,,,,. ~ A o'imo vile Retail ti a,2 ail ~ M Vacant ~ l ~ B ~ crvi~c ~ Sales o „ z an n awtsi N S N ~~ t~ N N N L -BA D ~ a R w GULF-TO-BAY BLVD N t~ ~ r N ~ ~ '~ ~ ~ v ,y+ ~~ , I m l Automobil ~~~ ~itomobi N ~ N f ~ 51 Sales Sales Retail 5 ~9 ~ ~ 3 r ~,a Sales ~ '--- ---- ~~„ ~ Vacant 525 s ,z S ~ 1 13 533 38 ~ 3] C 3~ N N N ~ ,a . ~ ~ 529 a a,..o ova ~ c N 801 p Mc a.] M {iu ~~~ 1 PHASE 3 ~ ~ Lszeso J N 855 PHASE W N p ^ O a1 ~ ~ Funeral PNASE X693 ~ Home s N N p PHASE N 5 a ^ ~ N s 1es Off e s e X715 m N N N N $ a DRUID RD , r, a a $ O o A~ ~ he n , o ~ : „ 3 m P ~ ~~ M ~ ~ ~ e o ~° e~ hed ~ ' m ,,, °l ch o ,oe ,o~ m 8~ z ~ , N N N N N ry ,ry^.~~ S e h ~ N EXISTING SURROUNDING USES MAP Owner: Nickel Plate Properties, Inc. Case: FLD2009-12045 Site: 2165 Gulf to Bay Boulevard Property Size: 18.445 acres PIN: 13-29-15-00000-410-0100 Atlas Page: 2988 w.~~ ~ 'a'~ i r R ; ti '9 ~ ? ~ '~~ ,e ~ ~, ' V, ~ 1'~~~ \~ ~ • I-' ! ~1R` ( `-' ~~' f~ ~N ,, , j '~ - t.a~sdd~.'-' -. -. 'ti~%i:~ ~'1 ~ l /) ~ t 1. .,: ~~ ~ "l 111__ ~ „ ~6ffflffflfffllt •1- ~l' r ~ if3 i.._.. 1 _ y'S ! i ~.. ~ t t 4 7 ~~ l' i t i/ ~~ ,„/ a T i V.f 1, '4C ~ 1. / ~ ~~ r _ `~ J~~l a ~r~ ~ `~~f f .. ~ i ~ ~• ~ ~ ~ ~ 1 ~ ' /1~Nwr~ 'e ~ ~ {~~ ~~Z ,~ ,j I ~ L ~~ - r S~ EI. \ ~1 ~ F 'i - I~:~ ~ .~.Yn~Y1.~.1 ~'`1 y t.4~ 1 ~[' • I ~ ,~. .~ ,~ ~ t ~ a a r ~~ _ . , r :+~ wI ...,x, ,L " ~w +, . ~ 1! ~ ' ~ ~ ~ ~ , ; ` ~ r ~ ~Y 7 7 ~~,. , ~'' la,, ~'~~ i !F ~ ~ s`,4~. V 3~ _'t ~~~ `-•y~ VI~ '~~1:~' ~-~A .. ,a ` ~ ,. ~.. I - l _ - 4~ . r ... ~. _ I" \ e A ~. 1 ~ ~ ~~ ~~' I f 7 w ~,~ .. ~ f A .~ ~ w ~: ~' __ , w{ ~t ~ '~. / , ,` , i n 'i W .S .'_~: a. } ~ ~~ R AERIAL MAP Owner: Nickel Plate Properties, Inc. Case: FLD2009-12045 Site: 2165 Gulf to Bay Boulevard Property Size: 18.445 acres PIN: 13-29-15-00000-410-0100 Atlas Page: 298B THE SITE PHOTO'S FOR FLD2009-12045 - 2165 GULF TO BAY BOULEVARD ALSO BELONG WITH LUZ2009-12003 / DVA2009-00005 / FLD2009-12046 View looking W from S. Belcher Rd close to Gulf to Bay Blvd at subject property x~ + , __ \. ,. N ..ear :~ ~~'~ yf~A .nU~ F w ..,E+7t+!`f F ~ ~ ~1 .ii ri. .-. . h~ .. ~ ~~: X 1 _.. i.~ View looking W along Druid Rd from S. Belcher Rd (subject property on right; detached dwelling subdivision on left) View looking SW from S. Belcher Rd close to Gulf to Bay Blvd at subject property .:• ti's li~rYj~': ,~, ,.~ ,e ,. +y.~+-- -- ~~--._.......__~-~ 1`~ ~ N~' ti ~" rrv yy. w ~ 'i; . S ~ .n 4 ;y~'x ft ~~~ rL~ :"7 `k ~~~ ~~ ~ View looking E along Druid Rd from W side of subject property (subject property on left; detached dwelling subdivision on right) 2165 Gulf to Bay Boulevard Case Numbers LUZ2009-12003/DVA2009-00005/FLD2009-12045/FLD2009-12046 Page 1 of 3 View looking W from S. Belcher Rd at Druid Rd at subject property View looking NW from Druid Rd at the W side of the residential portion of the subject property with adjacent detached dwellings 2165 Gulf to Bay Boulevard Case Numbers LUZ2009-12003/DVA2009-00005/FLD2009-12045/FLD2009-12046 Page 2 of 3 View looking N from intersection of Gulf to Bay Blvd and S. Belcher Rd at retail sales on NE corner View looking NW from intersection of Gulf to Bay Blvd and S. Belcher Rd at automobile service station on NW corner View looking N at retail sales at 2170 Gulf to Bay Blvd. N of subject property r _ ~.. ... 4 ~K~4 1 t 1' sV p,.P "~,d+: Vin. ?~e.,i2 View looking N at E side of adjacent automobile sales on Gulf to Bay Blvd W of commercial portion of subject property View looking S at E side of adjacent automobile sales on Gulf to Bay Blvd W of commercial portion of subject property View looking S near southern terminus of Bamboo Lane N of residential portion of subject property ~•~~~ ... ~~~ ., .,. ~- ~q~ 2165 Gulf to Bay Boulevard Case Numbers LUZ2009-12003/DVA2009-00005/FLD2009-12045/FLD2009-12046 Page 3 of 3 View looking S at bank at 655 S. Belcher Rd across from residential portion of subject property View looking E at Publix shopping center on SE corner of Gulf to Bay Blvd and S. Belcher Rd E of subject property View looking S along S. Belcher Rd close to Gulf to Bay Blvd (Publix shopping center on left; subject property on right) View looking N along S. Belcher Rd from Druid Rd (subject properly on left; commercial uses on right) View looking E at offices at 715 S. Belcher Rd across from residential portion of subject property RESPONSES TO DRC COMMENTS FLD2009-12045 - 2165 Gulf-to-Bay Boulevard Residential Infill Application GENERAL ENGINEERING: Prior to review by the Community Development Board: Comment No. 1: Private water main and appurtenances, if any, shall be designed and constructed in conformity with City of Clearwater Contract Specifications and Standards. Response No. 1: Acknowledged. Comment No. 2: Reclaimed water is not presently available but a Reclaimed water main extension from a Hercules Avenue project may be provided by City. Contact Steve Doherty with Engineering Department for more information (727.562.4773). Response No. 2: Acknowledged. Prior to the issuance of a Building Permit: Comment No. 1: Applicant shall obtain a permit from Pinellas County for work proposed in Belcher Road (C.R. 501). Response No. 1: Acknowledged. Comment No. 2: Applicant shall provide a copy of an approved Florida Department of Environmental Protection (F.D.E.P.) permit for the installation of the sanitary sewer collection system. Response No. 2: Acknowledged. Comment No. 3: Swimming pool overflow shall not drain into sanitary sewer collection system. Redirect into stormwater collection pond. Response No. 3: Acknowledged. Note added to Sheet 4 of 13. Comment No. 4: Turning radii at all driveways shall be a minimum of 30 feet per City of Clearwater Contract Specifications and Standards index #108. Response No. 4: All driveway turning radii are a minimum of 30'. See Sheets 4 and 5of13. Prior to issuance of a certificate of occupancy: Comment.No.1: All unused drive aprons and/or parking surfaces shall be removed entirely by the contractor, at the applicant's expense. Adjacent street right(s)-of-way are to be restored with new sidewalk and sod as required. Response No. 1: Acknowledged. Comment No. 2: Applicant shall bring all substandard sidewalks and sidewalk ramps adjacent to or a part of the project up to standard, including A.D.A. (Truncated domes per D.O.T. Index #304.) Response No.2: Acknowledged. Comment No. 3: Applicant shall submit 5 sets of as-built drawings that are signed and sealed by a State of Florida Registered Professional Engineer for water, stormwater and sanitary sewer installations. The Construction Services Inspector will field inspect as-built drawings for accuracy. Response No. 3: Acknowledged. General Note: All resubmittals shall be accompanied with a response letter addressing how each department's condition(s) has been met. ENVIRONMENTAL: No issues. FIRE: Comment No. 1: Plans show the fire hydrants coming off the Double Detector Check Valve's. The fire hydrants SHALL come off before the Double Detector Check Valve's. ACKNOWLEDGE PRIOR TO CDB. Response No. 1: Double Detector Check Valves at connections to existing City water mains have been removed. Comment No. 2: Sheet 1-B Shows the Club House and 3 Units, Sheet 6 shows just a Club House. Provide plans that are consistent as no Fire Department Connection is shown on this building. Building will be sprinklered provide and show Fire Department Connection and Fire Hydrant. ACKNOWLEDGE PRIOR TO CDB 2 Response No. 2: Sheet 6 now shows that the Clubhouse also contains 3 units. In addition the appropriate fire protection has been added to this building. Comment No. 3: Sheet 2 under FIRE DEPARTMENT NOTES 1) Date of the Florida Fire Prevention Code needs to read 2007 edition ACKNOWLEDGE PRIOR TO CDB. Response No. 3.1: Note has been revised. 2) FDC'S will be designed with metal breakable caps designed to break with a single blow of a hydrant wrench. City of Clearwater uses the Knox Locking Cap. Form may be picked up from the Division of Fire Prevention Services. ACKNOWLEDGE PRIOR TO CDB. Response No. 3.2: Note has been revised. 3) Fire Department Connections will be identified by a sign that states "NO PARKING, FIRE DEPARTMENT CONNECTION" and SHALL identify what building it supplies. ACKNOWLEDGE PRIOR TO CDB. Response No. 3.3: Note has been revised. 4) Fire Hydrants SHALL maintain a 7 1/2 foot clearance to the front and sides and a 4 foot clearance to the rear. ACKNOWLEDGE PRIOR TO CDB. Response No. 3.4: Note has been revised. Comment No. 4: Provide and show on the site plan 24 ft width at driveways with a 30 foot radius. ACKNOWLEDGE PRIOR TO CDB. Response No. 4: Driveways (two-way) are 24 feet in width and have a radius of 30 feet. Exit only driveway has a width of 20 feet and a radius of 30 feet. Comment No. 5: Must meet the requirement of FAC 69A60 Florida Fire Prevention code to install signage at entry doors to identify if this building has been constructed with lightweight truss floor and roof system. You may contact this office for a copy of details at 727-562-4327 X 3062. Add note to cover sheet of plan showing intent. ACKNOWLEDGE PRIOR TO CDB. 3 Response No. 5: Acknowledged. Comment No. 6: NFPA 1 - 2000 Edition Chapter 3 General Provisions, 3-6 Access Boxes a Knox Box SHALL be provided for FIRE DEPARTMENT rapid entry and any gate will require a Knox Electric Key Switch. Form can be obtained at the Clearwater Fire & Rescue Division of Fire Prevention Services 610 Franklin St. Clearwater, FI. 33756 Phone (727) 562-4327, Fax (727) 562-4461. ACKNOWLEDGE PRIOR TO CDB. Response No. 6: Acknowledged. Comment No. 7: Where underground water mains and hydrants are to be installed, they shall be installed, completed, and in service prior to construction as per NFPA-241. All underground fire lines and hydrants must be installed by a contractor with a class I, II or V license. A hard road surface able to support the weight of Fire Apparatus prior to any building construction being started. ACKNOWLEDGE PRIOR TO CDB. Response No. 7: Acknowledged. Comment No. 8: A separate fire hydrant is required for ALL sprinklered building within 300 feet as the hose lays. ACKNOWLEDGE PRIOR TO CDB. Response No. 8: Additional fire hydrants have been added. Comment No. 9: NOTE: Planning comment concerning the fence around this property has gates for fire department Access, each gate is provided with a SPECIAL KNOX PAD LOCK. To open this lock contact the Clearwater Fire Marshal's office (727) 562-4327 ext. 3062 Inspector Keller or contact (727) 562-4327 ext. 3172 Keep in mind that as this property is developed and gates are added for construction these Knox Pad Locks will be used for fire department access. ACKNOWLEDGE PRIOR TO CDB. Response No. 9: Acknowledged. HARBOR MASTER: No issues. LEGAL: No issues. 4 LAND RESOURCES: Comment No. 1: Additional comments may be forthcoming once this data is received and reviewed. Response No. 1: Acknowledged. Comment No. 2: Show the trees, with canopies, to be preserved on the west property line on all plan sheets prior to CDB. Response No. 2: The sheets LA 1.2 and TP 1.2 have been revised to include the adjacent off site tree canopy along the western property line. There is one large oak on the western property line that will have a canopy that will overhang the project. The remaining trees along the western property line are primarily on the property side of the line and consist of exotics or other trees species in poor condition that will be removed. Two off-site oak trees along the northern property line have also been added to the sheets. Trees to be saved with canopies are now shown on Civil Sheets 4, 5, 6 and 7. Comment No. 3: Show to directional bore the 8" water main adjacent to the trees on the west property line adjacent to the commercial property prior to CDB. Response No. 3: Proposed 8" water main is now to be located a sufficient distance from existing trees. Directional drilling is no longer necessary. Comment No. 4: Trees to remain and trees to be removed are inconsistent between plans. Insure that all plans match prior to CDB. Response No. 4: The Landscape and Tree Preservation plans have been coordinated with the engineering plans to be consistent with tree removal and trees to remain. Comment No. 5: Sheet LA1.1 shows oak trees to be planted under oak trees to be preserved. Revise prior to CDB. Response No. 5: The placement and species of tree have been revised to reduce conflicts between the existing tree canopies and proposed trees. Understory tree species are used to meet the buffering requirements and to avoid the conflict in proposed and existing tree canopies. 5 Comment No. 6: Trees 21-24 are shown to be preserved on sheets LA1.1 and TP1.1 but are shown to be removed on civil sheet 5 of 13. If they are to be preserved address to 2'-3' of fill prior to CDB. Response No. 6: The Queen Palm trees (trees 21-24) have been revised on Sheets LA1.1 and TP1.1 to indicate their removal due to the proposed III/grading. Civil and landscape sheets are now consistent. LANDSCAPING: Comment No. 1: Based on the survey and a site visit, there are overhead utility lines along the west property line adjacent to the detached dwellings. As such, shade trees should not be planted within 20 feet of the overhead utility lines. Existing trees along this common properly line have been trimmed (V'ed) by Progress Energy because they are too close. Additionally, the location of proposed trees along this property line needs to take into account the existing tree canopy on the detached dwelling's parcels (don't propose to plant trees under the existing tree canopies). Response No. 1: The placement and species of tree have been revised to reduce conflicts between the existing overhead power lines and the proposed trees. Understory tree species are being used to meet the buffering requirements and to avoid the conflict with the overhead power lines. The understory trees will be used in a ratio of two trees per the one canopy tree as required per the land development code. Comment No. 2: Sheets 1 B, 4, 6, 7, LA1.2 and LA1.3 -Per Section 3-1204.D, all edges of vehicular use areas abutting landscape areas must be protected by vertical curbing a minimum of 6" in height. There are many areas on the plan where such vertical curbing is not shown, including the fronts of parking spaces abutting landscape areas. Revise. Response No. 2: The required 6": high vertical curb has been added in those locations where the edge of pavement is adjacent to landscaped or sodded areas and not adjacent to sidewalk. Please note that wheel stops have been added to further protect these areas. Comment No. 3: Code requires a minimum 15-foot wide perimeter buffer along S. Belcher Road and Druid Road, a minimum 10-foot perimeter buffer along the west and north adjacent to residential and nonresidential uses. Indicate such buffers 6 on the plans (Sheets 1 B, LA1.2 and LA1.3). Unclear if the proposal includes increasing the perimeter buffer to 25 feet along the street frontages. If so, please indicate such and in the written material (including the Development Agreement). Response No. 3: The buffers are noted/clarified as required along S. Belcher, Druid Road and along the perimeters as commented. The buffers are noted as to the required buffer width and additionally the provided widths are also noted. Proposed landscape buffer widths are shown on Civil Sheets 1A and 1B. Most are in excess of minimum requirements. Comment No. 4: Sheet LA1.2 -Identify what the squares are (provide details, including height) that are proposed on either side of the main drive on Druid Road. Such squares were previously shown on Sheet 1 B and were removed at completeness stage. Response No. 4: The squares were originally proposed to be an entry structure, but have been removed and ground covers/shrubs have been proposed for that area. Comment No. 5: Sheets LA1.2 and LA1.3 -Ensure the number and type of landscape material in each area is indicated. There are many areas where at least proposed trees are not indicated. Response No. 5: Additional tree tags have been added to the landscape plans to break up the labeling of larger tree grouping. Comment No. 6: Section 3-1202.E.1 requires interior landscape islands so that there is a maximum of 10 parking spaces in a row, but allows Staff flexibility to allow up to 15 parking spaces in a row. South of Buildings 6 and 7 the parking row facing Druid Road east of the western driveway does not have a landscape island (the sidewalk out to Druid Road does not count) and there are a total of 20 parking spaces in this row. Add a landscape island to meet the maximum flexibility in a row of 15 spaces. Response No. 6: The landscape plans are revised to include the required internal island landscape material. Revisions have been made to the site plans to comply with the Landscape Architecture plans. 7 Comment No. 7: Sheet LA1.2 -Required Landscape Buffers language on the left hand side of the sheet - a. The north 10-foot buffer is also required adjacent to the proposed commercial development. Revise the language for the north buffer to include such; and b. South buffer (adjacent to Druid Rd) is required a 15-foot buffer, not a 10-foot buffer. Response No. 7: The required landscape buffer reference notes have been revised to include the 10 foot buffers between the commercial and residential projects and the southern buffer reference has been ~ revised from 10 feet to 15 feet. Comment No. 8: Sheets LA1.2 and LA1.3 -Code intent for required trees is for shade trees. Code permits 2 accent trees to equal one shade tree, as well as 3 palms to equal one shade tree. With this intent, the accent trees should be planted fairly close together and the palms to be planted in a clump to provide the "same" shading capacity. There are a number of landscape islands where there is only one accent tree in the island where there should be 2 in these islands. Revise. Response No. 8: The placement of understory trees and palms have been revised to meet the intent of the code to provide the canopy shading. These areas were discussed in a meeting on 1/11/10, with Wayne Wells, City of Clearwater. Comment No. 9: Sheets LA1.2 and LA1.3 -With live oak trees and magnolia trees, the canopies for these shade trees will get large. There are some locations where these trees are proposed too close to each other, where they should be 30-35 feet apart, such as the 2 QV south of the southern garage west of Building 6 and the 5 MG on either side of the main driveway on Druid Road. Revise to spread them out more. Response No. 9: The spacing and placement of the oak trees and magnolia, per the comment, has been revised. Comment No. 10: Sheet 1 B -The areas between garage buildings is being inappropriately counted as interior landscape area. While the garages may hold a vehicle, it is not vehicular use area outside of a building, so the area between the garage buildings cannot be counted. Revise shading and the square footage of interior landscape area provided, as well as the percentage of the VUA. 8 Response No. 10: Shading has been revised and VUA percentage adjusted. Comment No. 11: For the landscape buffer along Druid Rd. and S. Belcher Rd., in order to have the continuous hedge actually screen the parking, the hedge should be adjacent to the edge of pavement. Otherwise, motorists and pedestrians look right over the hedge at unscreened vehicle parking. Relocate hedge to be adjacent to the edge of the parking pavement. Any enhancement of landscaping (tiering of landscape materials) should occur in front of this continuous hedge. Response No. 11: The required landscape buffer hedge has been revised to be offset four feet from the VUA area along Druid Rd. and South Belcher Road. This placement is to facilitate potential vehicle overhangs (such as trucks backed into the parking space) and maintenance, as discussed on 1/11/10 with Wayne Wells, City of Clearwater. Comment No. 12: Sheet LA2 -Section 2.01.C -Irrigation system must have a rain sensor/shutoff device. Revise to include. Response No. 12: The general irrigation notes on Sheet LA2 have been revised to include the reference for the rain sensor/shutoff device. PARKS AND RECREATION: Comment No. 1: The Public Art and Design Impact Fee is due and payable on this project prior to issuance of a building permit. This fee could be substantial and it is recommended that you contact Chris Hubbard at 727-562-4837 to calculate the assessment. Response No. 1: Acknowledged. Comment No. 2: Open space/recreation impact fees are due prior to the issuance of building permits or final plat (if applicable) whichever occurs first. These fees could be substantial and it is recommended that you contact Debbie Reid at 727- 562-4818 to calculate the assessment. Response No. 2 STORMWATER: Acknowledged. The following shall be addressed prior to issuance of the building permit: Comment No. 1: Provide four (4) copies of the approved SWFWMD permit. -, ti~ Response No. 1: Acknowledged. Comment No. 2: Provide four (4) copies of the approved Pinellas County drainage connection permit. Response No. 2: Acknowledged. General Note 1: All resubmittals shall be accompanied with a response letter addressing how each department's condition(s) has been met. Response 1: Acknowledged. General Note 2: DRC review is a prerequisite for Building Permit Review; additional comments may be forthcoming upon submittal of a Building Permit Application. Response 2: Acknowledged. General Note 3: At building permit application, applicant shall submit drainage report, soil report, and any other drainage related document for review and record. Response 3 SOLID WASTE: Acknowledged. Comment No. 1: That dumpster service be arranged with the Solid Waste Department prior to the issuance of an occupational license or certificate of occupancy. Dumpster at Building 11 needs to be moved will need double enclosure for the 39,000 sq. ft. suggest to north 75 ft. Response No. 1: Dumpster location has been revised. Comment No. 2: Please explain how compactor will be serviced, not able to service as shown. Response No. 2: Revisions have been made to allow compactor to be serviced. Comment No. 3: Would suggest a compactor for entire complex at Building 1 location. Response No. 3: Owner would prefer dumpsters. 10 TRAFFIC ENGINEERING: Comment No. 1: Demonstrate that there is an accessible connection from commercial/retail section to the residential section. Response No. 1: Pedestrian access has been improved. Comment No. 2: Suggestion for better traffic flow and reduction in vehicular conflicts: Change the proposed 90 degree parking spaces running along the east side of building 7 and the west side of building 8 to 45 or 60 degree parking stalls (angled to south for northbound traffic and angled to north for southbound traffic). Response No. 2: Owner prefers the layout as shown. Comment No. 3: Describe how the main driveway on Druid Road functions, particularly at the median opening and by the gated areas. Response No. 3: It is our understanding that this question was adequately addressed at the DRC meeting. Comment No. 4: Describe how gates function? Show on the site plan location of gate consoles, if any. Response No. 4: It is our understanding that this question was adequately addressed at the DRC meeting. Comment No. 5: Indicate on the site plan that the gated driveway along Druid Road closest to Belcher Road shall be "RIGHT OUT ONLY" and change driveway design to direct traffic to make right turns only. Note, one way exit drive may be 20-feet in width to accommodate Fire Department vehicles. Response No. 5: Revisions have been made. The above to be addressed prior to a Community Development Board (CDB) hearing. Comment No.1: Provide a curb ramp detectable warning detail per Florida Department of Transportation Standards use Index 304 page 6 of 6 http://www.dot.state.fl.us/rddesign/rd/RTDS/08/304. pdf). Response No. 1: This detail has been added to Sheet 8. 11 Comment No.2: Install a curb ramp detectable surface at all curb ramps entering a driveway and/or drive aisle. Response No. 2: Curb ramp detectable surfaces have been added. Please see Sheets 4 and 5. The above to be addressed prior to issuance of a building permit. General Note 1: Applicant shall comply with the current Transportation Impact Fee Ordinance and fee schedule and paid prior to a Certificate of Occupancy (C.O.). Response: Acknowledged. General Note 2: DRC review is a prerequisite for Building Permit Review; additional comments may be forthcoming upon submittal of a Building Permit Application. Response: Acknowledged. All resubmittals letter addressing been met. shall be accompanied with a response how each department's condition(s) has General Note 3: Response PLANNING: Acknowledged. Comment No. 1: Sheets 1 B, 4 and 6 - In order to provide connectivity of sidewalks and handicap accessibility, show sidewalks through the 16-foot wide lane divider between Buildings 7 and 8. Response No. 1: Length of the divider has been decreased to provide connectivity between Buildings 7 and 8. Comment No. 2: Sheet 1 B -Provide length dimension for the garages (depth provided). Response No. 2: Length dimensions have been added to Sheet 1 B. Comment No. 3: Provide width dimensions for all landscape islands in the parking areas (may dimension all "typical" island widths, but need to dimension all non-typical island widths). Response No. 3: All widths meet minimum standards/requirements of the City of Clearwater. 12 Comment No.4: Sheet 1 B -Identify what the squares are that are proposed at the drive access on the north and along the north property line of Parcel 2 (provide details, including height). Response No. 4: These are support columns for the entry gate. Comment No. 5: Sheet 1 B -Identify what is proposed (with specific details) in the "square" between Buildings 4 and 5 with the decorative paving. Response No. 5: This entire area is "decorative paving" as noted in the legend (upper right corner) of Sheet 1 B. Comment No. 6: 12/10/09 - WW Developer intends Option B below. 12/3/09 - VWU The overall property is presently comprised of a total of three parcels (one large parcel and two much smaller parcels). Is the intentions of these applications to: a. join through a Declaration of Unity of Title all three existing parcels as one parcel for development purposes; or b. have two development parcels (Parcel 1 for commercial and Parcel 2 for residential) with all commercial uses only leased; or c. have a commercial parcel with multiple lots for the different tenants and one lot for residential (Parcel 2). If "a", okay. If "b", we will need to do a Division of a Lot of Record and such can be a condition of approval. If "c", then this is a plat and I need a Preliminary Plat application and Preliminary Plan sheet as part of the application package (and fee). If "a" or "b", then no parcels can be created for tax purposes with the Property Appraiser. Need to make the decisions today as to how the property is going to be "cut up" (potentially) tomorrow. Response No. 6: The applicant intends Option B and agrees to a condition of approval for a Division of a Lot of Record. Comment No. 7: Per Section 3-911, all on-site utilities must be placed underground. Additionally, existing overhead utilities within 13 the rights-of-way of S. Belcher Rd. and Druid Rd. must be undergrounded with this development. Response No. 7 All on site utilities will be placed underground. The owner is investigating the practicality of the remaining comment. Comment No. 8: Based on the survey, there are 14' and 6' wide power distribution easements on the property, as well as what appears to be blanket easements (ORB 4924, Pg. 227). Are these to be vacated? Response No. 8: These easements will be vacated. Comment No. 9: Sheet 1 B - A covered seating area has been indicated in the retention pond accessed by a dock/walkway. Provide details for such covered seating area, including dimensions on the plans. Provide an elevation drawing of such covered seating area, including the height. Response No. 9: Atypical elevation is provided for a Covered Seating Area located eastward of the Clubhouse and accessible by walkway. See elevation drawings Sheet 2 of 2 noted accordingly. As shown, the depiction is typical for 4 open sides of the structure. Comment No. 10: Sheet 1 B -North property length dimension is not 463.05 feet. Since the south property length dimension is 1301.10 feet, 1 would assume that the north should be about the same. Response No. 10: The 463.05' dimension is the distance from the northwest corner of the site to the point where the overall boundary becomes a north/south line. Other dimension and bearings have been added in order to more fully dimension the north boundary of the residential parcel as shown on the legal description on Sheet 1 B. Comment No. 11: Project is presumed to desire freestanding signage. Show the location of such signage and the proposed setback to the property line. Ensure existing and proposed landscaping does not interfere with such signage. Response No. 11: Sign design and location will be coordinated with landscape plan to avoid conflicts. A complete sign application package will be submitted to the City at a later date. Comment No. 12: Sheet 1 B -Revise the following Site Data Table information: 14 a. Proposed Impermeable Surface Area to 46.77%; Response No. 12.a: Revision has been made. b. Proposed Density to 13.178 units/acre; Response No. 12.b: Density has been revised to 13.181 units/acre. c. Proposed Height to 41 feet; and Response No. 12.c: Revision has been made. d. Proposed Parking to 490 spaces (442 regular and handicapped; 48 garage), based on my counts of the parking on the plan. Response No. 12.d: Revision has been made to parking count. Comment No. 13: Sheet 1 B -Identify wheel stops on the plans. Response No. 13: The wheel stop symbol has been added to the legend on Sheet 1 B. Comment No.14: Sheet 1 B -Provide distance dimensions from parking lots to buildings. Response No. 14: Dimensions have been added. Comment No. 15: Provide the width dimension for all sidewalks. Unclear as to the hierarchy of sidewalks and their widths. Most sidewalks are a minimum of 6-feet wide (not 5-feet as indicated). There are sidewalks that are at least 8-feet wide. Can understand major sidewalks connecting major features being 8-feet wide, but not all over the site connecting individual residential buildings. Even the multi-use trail is only 6-foot wide. Define the hierarchy of sidewalks and reduce many of the 8-foot wide sidewalks down to 5-6-feet wide (cutting construction costs). Response No. 15: City code requires that the minimum width of sidewalk is 5 feet. It would appear that this allows the landowner the discretion to construct wider sidewalks if the owner so chooses. The owner would like to construct the sidewalks as shown. Comment No. 16: BCP2007-02087 was issued February 5, 2007, for a temporary fence around the mobile home park. The permit was issued for 60 days only, but was extended two months until all mobile homes were demolished. All mobile homes 15 have been demolished for some time. This existing temporary fencing is unsightly and it is time to remove the fence now. Based on the survey, some of this temporary fencing is also located within the public rights-of-way. Should it be desired to restrict vehicular access to this property, it is recommended to apply for a building permit for a fence that meets Code requirements (potentially posts with a chain or wire between the posts that would restrict access). Response No. 16: The requirement for improvement of the temporary fencing is currently being discussed with Michael Delk. Comment No. 17: Sheets 1 B, 4 and 6 -There is a disconnect between landscape islands indicated on these sheets and that shown on Sheets LA1.2 and LA1.3. The landscape sheets indicate, correctly, that there are landscape islands that appear as paved "sidewalk" islands on the north side of Buildings 1, 2 and 3, on the west side of Building 4 and on the south side of Buildings 6, 7, 8 and 9. Revise to be consistent with the landscape plans. Response No. 17: Revisions have been made to Sheets 1 B, 4 and 6 to comply with landscape plans. Comment No. 18: Dumpster locations -Totally unclear of the truck path to pick up the dumpsters in this complex in an efficient manner, where doublebacking is not required to pick up a dumpster due to it being placed in an incorrect location. Some dumpsters need to be relocated because they are not on a truck path that makes sense. Need to discuss (and with Solid Waste Department). Need to provide a detail of a dumpster enclosure, with dimensions, as the exterior of the enclosures are required to be of the same material and color as the buildings. Indicate such on the detail. Response No. 18: Dumpster locations have been revised per conversation with Tom Glenn. Comment No. 19: Access to units in this complex is restricted by gates. However, no details are provided that indicate how drivers (residents and guests) will open gates to get from Point A to Point B. Especially for guests, totally unclear how they alert a resident that they are at the entrance and to open the gate so they can visit. Most confusing is at the main drive adjacent to Druid Road, where it appears that the 24-foot wide drives on either side of the lane divider are directional 16 (entrance/exit), but gates on either side for the drive aisle south of Buildings 6 - 9 restrict access. Where are key pads/contact phones and pull off lanes so that guests do not block the entrance? Provide details, including at the northern access point adjacent to Parcel 1. Needs a lot of work to make it acceptable to the City. Response No. 19: It is our understanding that this question was adequately addressed at the DRC meeting. The proposed project will share an entrance drive on Belcher with Parcel 1, to be located on the Parcel 1 property and provided for by a recorded easement. As shown on the site plan this entrance will be gated, inside Parcel 1, with a wrought iron gate. In addition, there will be three driveways on Druid Road, with the one nearest Belcher Road being an exit only, right-turn only so as not to interfere with the intersection of Belcher and Druid. All project entrances and exits will be gated; however the main entrance on Druid will allow ungated access to guest parking spaces, such that guests arriving at the project may have adequate space in which to park or turn around while awaiting access through the gates. Comment No. 20: Sheet 4 -Multi-use trail detail -Detail indicates the trail to be 1" asphalt over 3" limerock base. Note below detail is confusing as to the alternate, which is states as 1" asphalt over limerock base. Isn't the alternative the same as indicated on the detail? Is it really an alternative? Response No. 20: Note regarding "alternate" has been removed from the detail on Sheet 4. Comment No. 21: Understand that the east and west driveways are for emergency egress only, but unclear why they are 24 feet wide if directional. Plan also does not indicate these driveways are for emergency egress only and do not show any "do not enter" signage on Druid Road. Please shed some light on these driveways and their design (?). Response No. 21: The east-west driveways are for resident access due to the gates in those locations. The western driveway is two-way access; the eastern driveway is an exit-only and right-out only movement which has been so noted on the plans. Comment No. 22: Sheet 1 B -Provide the number of parking spaces in each parking row (where separated by landscape islands). Response No. 22: Numbers have been added. 17 Comment No. 23: Unclear why a 6-foot high PVC fence is proposed along the north property line to provide screening and buffering between the proposed residential use and the adjacent proposed commercial development on Parcel 1 and the adjacent detached dwellings on Bamboo Lane, yet no such similar 6-foot high PVC fence is proposed along the west property line adjacent to other detached dwellings. Impacts and screening/buffering needs appear similar between the north and west property lines. Recommend a 6-foot high PVC fence along the west property line, placed adjacent to the property line with landscaping on the inside of the fence. Response No. 23: The rear walls of the garages serve as the primary buffer on the west property line. To supplement the garages, a PVC fence has been added in the small gaps between the garage buildings and from the end of the garages to the north property line and to the setback line at the south property line. Comment No. 24: Show the location of all outside mechanical equipment and required screening. This was requested at time of completeness review and the response was that the project architect prepared an illustration locating the outside mechanical equipment for each building type and included the screening on the landscape plans. No such plans were submitted by the project architect and the landscape plans do not show such screening (if we knew where such outside mechanical equipment was proposed). Response No. 24: The revised landscape plan, Sheet LA 1.3 indicates the typical landscape screening consisting of a shrub row with space for maintenance access for the outside mechanical equipment. Mechanical equipment, that which is located exterior to residential buildings, is identified on the typical prototype building drawings for both 24 and 36 unit buildings submitted on December 7, 2009. The December 7 submittal clearly identifies typical locations for exterior equipment and refers the planning official to see landscape drawings for screening as required. The physical size of these areas will vary, for the applicant has not yet determined whether residential heat pumps or DX systems will be used, each with unique size and free clearance requirements. Since this project may be guided under incentives for LEED credits, HVAC systems will be designed for the most efficient and sustainable equipment possible with the least restrictive screening. 18 Comment No. 25: If Parcel 1 is intended to be owned separately from Parcel 2, then need drainage and sanitary sewer easements on Parcel 2 for Parcel 1 drainage and sanitary sewer from Building 11 (prior to issuance of first Certificate of Occupancy). Also, potable water easements will be necessary on Parcel 1 and Parcel 2, since water systems are interconnected. Response No. 25: Acknowledged. Comment No. 26: Sheet 4 -Revise Section A to show parking stall lengths at 18 feet rather than 19 feet and to show the required vertical curbing on the right hand side at the end of pavement. Response No. 26: Revision has been made. Comment No. 27: Sheet 8 -Need to show wheel stops on the "Typical Single Handicapped Stall" and the "Typical Double Handicapped Stall". Response No. 27: The Clearwater Engineering Department requires that the latest Detail be taken directly from the City website. We have revised the Detail per the comment above. Comment No. 28: Unclear why the 6-foot high PVC fence "along" the north property line is 5 feet from the property line and not adjacent to the property line, at least from a property maintenance standpoint for all of the landscaping proposed on the north side of the fence (responsibility of the apartment complex). Recommend relocating the proposed fence to be adjacent to the property line, with landscaping on the south side of the fence. Show required hedging on the south side of the fence as part of the perimeter buffer requirement for the entire north property line. Response No. 28: This fence is now 1' off the property line. Comment No. 29: Provide floor plans for the clubhouse building that includes three dwelling units. Response No. 29: A Clubhouse/Residence Floor Plan Diagram is provided as shown on Sheet 2 of 2 revised submittal of January 15, 2010. Degree of detail provided is in accordance with understanding between planning staff and architect during DRC meeting on January 7, 2010. Comment No. 30: Unclear why a Residential Infill Project FLD application was filed. With the proposed MHDR zoning district, it appears 19 that such attached dwellings could have only filed a FLS application, however, it makes sense to have a FLD application to coincide with the commercial Parcel 1 FLD application. Still, only a regular FLD application is necessary to be filed (not a Residential Infill Project FLD), unless you are requesting to delete the required landscaped parking screening wall. The Parcel 2 is not contiguous to LDR zoned property. Response No. 30: The rezoning request has been revised to request "MDR." The applicant is requesting relief from the requirement that offstreet parking for attached dwellings must be screened by a landscaped wall or fence of at least 4 feet in height, as to Druid Road and is providing a 25' perimeter buffer, including a hedge immediately adjacent to the parking area. Please see revised Exhibit "B" to the application for detailed discussion of this request. Comment No. 31: Whether the request is for MHDR or MDR zoning, criteria for attached dwellings in both zoning districts require the screening of parking from adjacent property and streets by a minimum four-foot high landscaped wall or fence. Plans do not reflect this requirement for a landscaped wall or fence to screen parking, nor is there any request to eliminate such requirement (which Staff would not support). Revise. Response No. 31: As discussed in Response No. 30, the applicant is requesting MDR zoning and requesting relief from the minimum 4'-high landscaped wall or fence. Please see revised Exhibit "B" to the application. Comment No. 32: 36-Unit Building Elevations - a. Provide a height dimension from grade to the midpoint of the main roof (ie -proposed building height). May still provide the height to the top of the taller accent roof; and Response No. 32a: For the 36 unit building, height dimension from grade to midpoint is shown to be 41' to midpoint of the highest roof. This has not changed from elevations previously submitted. The narrative application materials have been revised to correctly state the proposed height. b. Proposed exterior colors on this elevation need to be stated, such as on the Clubhouse elevation sheet. Elevations are not similar regarding proposed colors, as 20 this sheet indicates medium and light khaki, which is not shown on the paint colors on the Clubhouse sheet. Response No. 32: Use of the word "khaki" to describe color is a generic description of the intended pigment. Actual Sherwin Williams' colors are now noted on the revised drawings. Both Clubhouse and Apartment buildings are intended to have a unified and consistent color palette without creating monotony. See drawings for notes concerning consistency of colors. Comment No.33: Exhibit B, Section B -Revise for the following: a. "c" -Proposed height is not 50 feet (possibly 41 feet or lower); b. "h" - I counted 490 parking spaces provided; and c. After "i" -revise to Section 2-404.A (if MHDR) or 2-304.6 (if MDR). Response No. 33: Please see revised Exhibit "B." The reference to Code section was left as the Residential Infill section as relief is requested from the 4' high landscaped wall or fence screening offstreet parking as required to meet MDR criteria for attached dwellings. Comment No. 34. Response to General Applicability Criteria 1 - a. Line 4 -Revise proposed density to 13.178 units/acre; b. Line 7 -Revise the proposed height (not 50 feet); c. Line 8 -This sentence appears to indicate the buildings are located internally with parking and the large drainage pond surrounding the residential buildings. The drainage pond is located on the east side of the parcel adjacent to S. Belcher Rd. Revise how this is stated; d. Paragraph 1, Last sentence -You indicate a 25-foot buffer, yet the landscape plans indicate a 10-foot (or required 15-foot) buffer. There is a disconnect between what is being proposed (either a required 15-foot buffer or a provided 25-foot buffer); and e. Table -The Publix shopping center is actually east of Parcel 1, not Parcel 2. Response No. 34 Please see revised Exhibit "B." Comment No. 35: Response to General Applicability Criteria 2 - a. The Publix shopping center is actually east of Parcel 1, not Parcel 2; and b. Last sentence -The existing retail is to the NE (not east). Response No. 35 Please see revised Exhibit "B." 21 Comment No. 36: Response to General Applicability Criteria 3 -Paragraph 2 - It is my understanding that the western driveway is to be an emergency exit also (not just the eastern driveway). Response No. 36: Please see revised Exhibit "B" for explanation of driveways. Comment No. 37: Response to General Applicability Criteria 4 -Most of the provided verbiage relates to Parcel 1. Talk about the impacts of Parcel 2. How will this impact the detached dwellings south of Druid Road? Response No. 37: Please see revised Exhibit "B." Comment No. 38: Response to General Applicability Criteria 5 -Last sentence - Expound on how the 3-story attached dwellings are compatible with the surrounding uses (density, scale of buildings, setbacks, height, etc.). Response No. 38: Please see revised Exhibit "B." Comment No. 39: Need to provide responses to Attached Dwelling criteria (Section 2-404.A if MHDR or Section 2-304.6 if MDR) (not Residential Infill Project criteria). Response No. 39: We are requesting approval of a Residential Infill Project as relief is requested from the MDR requirement that parking for attached dwellings be screened by a 4' high landscaped wall or fence. Please see revised Exhibit "B." Comment No. 40: Potential condition of approval to be included in the Staff Report: That approval of this Flexible Development case is subject to the approval of a land use amendment and rezoning (LUZ2009-12003); Response No. 40: Acknowledged and agreed. Comment No. 41: Potential condition of approval to be included in the Staff Report: That approval of this Flexible Development case is subject to the approval of a Development Agreement with the City (Case DVA2009-00005); Response No. 41: Acknowledged and agreed. Comment No. 42: Potential condition of approval to be included in the Staff Report: That, prior to the issuance of any permits, a Division of a Lot of Record be approved and recorded in the public records. In addition, prior to the issuance of any permits, 22 Response No. 42: Comment No. 43: Response No. 43 OTHER: No Comments the owner shall record a deed creating this parcel in accordance with the Division of a Lot of Record. Acknowledged and agreed. Plans should indicate that existing driveways on Gulf to Bay Blvd. and S. Belcher Rd. not being re-used will be removed and upright curbing and sidewalks constructed in their place. Note is on Sheet 8 (3 places) indicating that the existing driveways will be removed. Note also is on Sheet 8 indicating that construction will be in accordance with FDOT standards. 1 /15/2010 8:55 AM 45497.116337 #512945 v1 - NickelPlate/Resp to Comments (FLD Residential) 23 Planning Department 100 South Myrtle Avenue Clearwater Florida 33756 Telephone: 727-562-4567 Fax: 727-562-4865 Q SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION p SUBMIT 14 COPIES OF THE ORIGINAL APPLICATION -Plans and application are required to be collated, stapled, and folded into sets p SUBMIT FIRE PRELIMARY SITE PLAN: 5200.00 O SUBMIT APPLICATION FEE $ i ~~ CASE #: r RECEIVED BY (staff initialsj: DATE RECEIVED:....- NOTE: 15 TOTAL SETS OF INFORMATION REQUIRED (APPLICATIONS PLUS SITE PLAN SETS) FLEXIBLE DEVELOPMENT APPLICATION Residential Infill Project Revised 07/11/2008 PLEASE TYPE OR PRINT APPLICANT NAME: 1`TICI~L PLAN-'E PIES r . INC • , a Florida corporation . MAILING ADDRESS: 1414 West S~JaT1T1, Suite 150, Tama, FL 33606 PHONE NUMBER: 813-579-2014 FAX NUMBER: 813-835-4197 CELL NUMBER: EMAIL: PROPERTY OWNER(S): rTICL~L PTATF: PRDPEEZTIESS, INC. , a Florida corporation List ALL owners on the deed , r AGENT NAME: J~s~, PoPe, BO1COr, Rtr><ppel Si Bt]rT1S, LI,P MAILING ADDRESS: 911 t3leStnut Street, Clearwater, FL 33756 PHONE NUMBER: ~27-461-1818 FAX NUMBER: 727-462-0365 CELL NUMBER: EMAIL:. PROJECT NAME: Lakeside at Clearwater PROJECT VALUATION: STREET ADDRESS NW corner. of Belcher. ROad and I?ruid Road PARCEL NUMBER(S): 13-29-15-00000-410-0100 .- PARCEL SIZE (acres): 18..435 acres PARCEL SIZE (square feet): LEGAL DESCRIPTION: See ExYliblt °A° attached. PROPOSED USE(S): 243 iYUxl.ti-family residential units DESCRIPTION OF REQUEST: See EXrllblt nBu attal.,hed. Spedfically identify the request (indude number of units or square footage of non-residential use and ail requested code deviations; e.g. reduction in required number of 20.2 ini.llion, 8 sa. ft C:~Doamenb antl SettinWWaelctayuaon~Dea~oPY~anninY ~ roans o7oavioaaenuai imix rmpa trwl awn ui-i i.aoc Page t of 8 DOES THIS APPLICATION INVOLVE THE TRANSFER OF DEVELOPMENT RIGHTS (TDR), A PREVIOUSLY APPROVED PLANNED UNIT DEVELOPMENT, OR A PREVIOUSLY APPROVED (CERTIFIED) SITE PLAN? YES _ NO X Crf 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 (~ Pa9e ~ D. ^ 1. WRITTEN SUBMITTAL REQUIREMENTS: (Code Section 3-913.A) Provide complete responses to the six (6) GENERAL APPLICABILITY CRITERIA -Explain how each criteria is achieved, in detail: The proposed development of the land will be in harmony with the sple, bulk, coverage, density and character of adjacent properties in which it is located. See >~hibit "B" attat~ed for. responses to Criteria 1 through 6. 2. The proposed development will not hinder or discourage the appropriate development and use of adjacent land and buildings or significantly impairthe 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 vianity of the parcel proposed for development 6. The design of the proposed development minimizes adverse effects, including visual, acoustic and olfactory and hours of operation impacts, on adjacent properties. C:~Doasnents and SetBnpsWorekferyusanlDesktop~plantanq. dept forms 07081Rasidadial IMHI Projeu (FLO) 2008 07-1 t.doc Page 2 of 8 WRITTEN SUBMITTAL REQUIREMENTS: (Residential Inflll Project Criteria) O Provide complete responses to the seven (~ RESIDENTIAL INFILL PROJECT CRITERIA-Explain how each criteria is achieved, in detail: 1. The. development or redevelopment of the parcel proposed for development is otherwise impractical without deviations from the intensity and development standards. See E~ibit "B" for responses 1 throucth 7 2. The development of the parcel proposed for development as a residential infill project will not materially reduce the fair market value of abutting properties. (Include tfie ebstlng value of the site and the proposed value of the site with the improvements.) 3. The uses within the residential infill project are otherwise permitted rn the City of Clearwater. 4. The uses or mix of use within the residential infill project are compatible with adjacent land uses. 5. The development of the panel proposed for development as a residential infill project will upgrade the immediate vicinity of the parcel proposed for development. 6. The design of the proposed residential infill project creates a form and functlon that enhances the community diaraGer~of the immediate vianity of the parcel proposed for development and the City of Clearwater as a whole. 7. Flexibility in regard to lot width, required setbacks, height and off-street parking are justfied by the benefits to community character and the immediate viranity of the parcel proposed for development and the City of Clearwater as a whole. C:VOoairt~ents end SettlnOsWerek.tergusonlDeskroplplanninp dept Mrma 07081ReaiCenOal 1~ Project (FLD) 2008 07-1 t.doe Page 3 of 8 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 surface, indlxiing bu8dings, must indude a stormwater plan that demonstrates compliance with the City of Clearwater Storm Drainage Design Criteria manual A reduction in impervious surface 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 shatl indude the following; O Existing topography extending 50 feet beyond all property lines; ^ Proposed grading inducting finished floor elevations of all sWctures; ^ AU adjacent streets and munidpal storm systems; ^ Proposed stormwater detentioNretention area inducting top of bank, toe of slope and outlet control structure; ^ A narrative describing the proposed stormwater control plan inducting all calculations and data necessary to demonstrate compliance with the City manual. ^ Proposed stormwater detentioNretention area inducting top of bank, toe of slope aril outlet control structure; O Signature and seal of Florida Registered Professional Engineer on all plans and plCUlations. ^ 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 applipble ^ ACKNOWLEDGEMENT OF STORMWATER PLAN REQUIREMENTS (Applicant must initial one of the following): A~ X Storrnwater plan as noted above is inducted ~ ~ 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 4202.A) ^ SIGNED AND SEALED SURVEY (inducting legal description of property) -One original and 14 copies; ^ TREE SURVEY (inducting existing trees on site and within 25' of the adjacent site, by species, size (DBH 4" or greater), and location, inducting drip lines and indicating trees to be removed) -please design around the exisBng bees, O 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 DEMANp STUDY in conjunction with a request to make deviations to the parking standards (ie. Reduce number of spaces). Prior to the submittal of this appligtion, the methodology of such .study shall be approved by the Community Development Coordinator and shall be in accordance with accepted traffic engineering prindples. The findings of the study will be used in determining whether or not deviations to the parking standards an: 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:1Dowmerttf and SetlirpsWerek./erguwnlOeslQOP~planrwi~0 deptforms 0708Y2eaidenlial IMill Project (PLD) 2008 07-11.doe Page 4 of 8 G. SITE PLAN SUBMITTAL REQUIREMENTS: (Section 4-202,A) 0 SITE PLAN with the folowing information (not to exceed 24' x 36~: Index sheet referencing individual sheets included in padkage; 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; All required setbacks; _ All existing and proposed points of access; _ All required sight triangles, Identficatiort of environmentalty unique areas, such as watercourses, wetlands, tree masses, and spedmen trees, including deskxiption and location of understory, ground covervegetation and wildlife habitats, etc; Location of all public and private easements; _ Location of all street dghts-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 landscaped areas; Location of all solid waste containers, recycling or trash handling areas and outside mechanipl equipment and all required screening {per Section 3-201(D)(i) and Index #701}; Location of all landscape material; _ Location of all onsite and offsite storm-water management faalities; Location of aU outdoor lighting fixtures; _ Locetion of all existing and proposed sidewalks; and Floor plan. typicals of bindings for all Level One (flexible standard development) and Level Two approvals. A floor plan of each floor is required for arty parking garage requiring a Level One (minimum standard and flexible standard) or Level Two approval. ~ SITE DATA TABLE for existing, required, and proposed development, in written/tabular form: 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 forth with the number of required spaces; Total paved area, including all paved parking spaces & driveways, _ expressed. in square feet & percentage of the paved vehicular area; Offiaal 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 ail nonresidential uses. EXISTING REQUIRED PROPOSED ~ REDUCED COLOR SITE PLAN to scale (8 h X 11); ~ FOR DEVELOPMENTS OVER ONE ACRE, provide the following additional information on site plan: One-foot contours or spot elevations on site; Offsite elevations if required to evaluate the proposed stonnwater management for the parcel; All open space areas; Location of all earth or water retaining walls and earth berms; Lot lines and building lines (dimensioned); _ Streets and drives (dimensioned); _ Building and structural setbadts (dimensioned); Stucturai overhangs; C:tDoasnents and SettlnpslderekreigusonlDesktoplga~ninp dept lama 070H1Reaidentlal Dill ProjeU (FLD) T008 07-11.doc Page 5 of 8 H. LANDSCAPING PLAN SUBMITTAL REQUIREMENTS: (Section 41102.A) ^ LANDSCAPE PLAN with the following information (not to exceed 24' x 38'x: _ All existing and proposed structures; _ Names of abutting streets; _ Drainage and retention areas inducting swales, side slopes and bottom elevations; _ Delineation and dimensions of all required perimeter landsppe buffers; Sight visibility triangles; _ Delineation and dimensions of all parking areas inducting landscaping islands and cubing; Existing trees on-site and immediately adjacent to the site, by spedes, size and locations, inducting driplines (as indicated on required - tree may): Location, size, and quantities of all existing and proposed landscape materials, indicated by a key relating to the plant _ sd~edule; Plant sdv3dule with a key (symbol or label) indipting the size, desaiption, specifications, quantities, and sparing requirements of all _ exisfing and proposed landscape materials, inducting botanical and common names; Typical planting details for trees, palms, shrubs and ground cover plants inducting instructions, soil motes, baddilling, mulching and pro~dlve measures; Interior landscaping areas hatd>Ied arxi/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 h X 11); ^ COMPREHENSIVE LANDSCAPE PROGRAM application, as appl'Igble. Landscape associated with the Comprehensive Landscape Program shalt exceed minimum Code requirements to offset the areas where minimum Code will not be met. 1. BUILDING ELEVATION PLAN SUBMITTAL REQUIREMENTS: (Section 4202.A.23) ^ BUILDING ELEVATION DRAWINGS -with the following information; Ail sides of all buildings; Dimensioned; _ Colors (provide one fuU sized set of colored elevations); Materials; ^ REDUCED BUILDING ELEVATIONS -same as above to scale on 8'/: X 11. J. SIGNAGE: (Division 19. SIGNS /Section 3-1806) ^ All EXISTING freestanding and attadted signs; Provide photographs and, dimensions (area, height, etc.j, indicate whether they will be removed onto remain. ^ All PROPOSED freestanding and attached signs; Provide details inducting location, size, height, colors, materials and drawing; freestanding signs shall indude the street address (numerals) ^ Comprehensive Sign Program application, as applicable (separate appligtion and fee required). ^ Reduced signage proposal (8 %: X 11) (color), if submitting Comprehensive Sign Program application. C1Doaanents and Ssdirgslderek.feryusoMORSIUOplplanrwnp dept fom~s 07081iteaidondal Ir~iN ProjeU (FLD) 200e 07-11.tloc P8gC 6 Of S K. TRAFFIC IMPACT STUDY: (Section 4202.A.13 and 4-801.C) ~ Include ff required by the Traffic Operations Manager or hislher designee or ff the proposed development Will degrade the acceptable level of service for any roadway as adopted in the Comprehensive Plan. WiN generate 100 or more new vehicle directional trips per hour andlor•1000 or more new vehicle trips per day. Will affect a nearby roadway segment and/or intersection with five (5) reportable accdents 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 Engineers (I'TE) Trip General Manual. The Traffic Impact Study must be prepared. in accordance with a 'Scoping Meeting' Field with the Traffic Operations Manager and the Planning Departments 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): X 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 fuming movement at all intersections identified in the Sceping 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 suppy 150% of its rated ppaaty. 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 piculations/water study requirements (Applicant must initial one of the following): Fire Flow Calculations/V1later Study is included. }f 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 Prevention Department at (727) 562-4334. M. SIGNATURE: 1, the undersigned, acknowledge that all representations made in this applicetion are true and accurate to the -best of my knowledge and authorize City representatives to visit and photograph the property described in this application. ~~~ E tg D.re of property owner or representre A~nstrong III r STATE OF FLORIDA, COUNTY OF PIN~LAS Sworn to and subscribed before me this ~' day of NOV@ir1bEY' A.D. 20 ~~to me and/or by E D Armstrong III. who is personalty known t~ i otary bliq My commission expires: N„N~•, :rc.er~-w,_ JAYNE E. SEARS Expires September 2, 20.13 Baled Thu Tror fah Niwrace X7019 C:~Douanents and SeBGgslderekfeipuson~DesldoplplanNrp dept forms 0708V2esideMi~ Irlfdl Piojed (FLD) Page 7 of 8 CITY OF CLEARWATER ' ~ ~ ~ AFFIDAVIT TO AUTHORIZE AGENT y : ~ PLANNING & DEVELOPMENT SERVICES ADMINISTRATION '~' MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE. 2nd FLOOR PHONE (727)-562-956? FAX (727) 562-4576 NICI~L PLATE PRQPII~TIES, INC., a Florida oorporation (Name of aq properly owners) 1. That (I am/we are) the owner(s) and record title holder(s) of the following described. property: 2165 G<.il.f-to-Bay Boulevard Paroel No. 13-29-15-00000-410-0100 (Address or General Location) 2. That this property constitutes the property for which a request for a: Rezoning, 'land use plan amendrrnnt, development .agreement applicatical, flexible development application and residential infill application. (Nature of request) .~ 3. That the undersigned (has/have) appointed and (does/do) appoint E. D. A~nstrong~ III, Esquire, and Johnson, Pope, Bakor, Koppel & Burns, LLP as (hisrtheir) agent(s) to execute arty petitions or other documents necessary to affect such petition; 4. That this affidavit has been executed to induce the City of Clearwater, Florida to consider and act on the above described property; 5. That (I/we), the undersigned authority, hereby certify that the foregoing is true and correct. NICI~L .P P IES, INC. PropeAy p. B. Ingersoll STATE OF FLORIDA, Presldent COUNTY OF PINELLAS Before me the and r~1 ed, an officer duly commissio ew B lavv~ of the State, Florida, on this ~_~tlay of ~ ~u~~ersonaly appeared gerso who having been first duly sworn deposes and says that he/she fully understands the contents of the affidavit that he/she signed. *as President of Nickel Plate Properties, Inc.. , a Florida ~, corporation, on behalf of the Notary Public My Commissign Expires: " oorporati.on ---~-• „.NI„ +,tt-: JAYNE E. SEARS S: application fonns/develo ~ . ~L CoRltrllssion # DD 907040 pment rovtew/Affidavit to Authorize Agent ~.~~~: EXpires ,S@ptt'dl1tler 2, 2013 `~.P,f.~~ BordedThNTmYFanln9ura~ca8lq~3~7019 EX>:iIBIT "A" Page 1 of 4 a. ,n. nn..... F...4mnn J: \3z9~uoto ~uwgs~w to~a~u- I.VMMGRl.ln6_~.a•,.vny ..v.. v . --._ - ._. ___ _. THIS IS ~.QI A SURVEY ERE MAY BE ADDITIONAL RESTRICTIONS AFFECTING THIS PROPERTY THAT AY BE FOUND IN THE PUBLIC RECORDS OF 'MIS COUNTY. IS LEGAL DESCRIPTION AND SKETCH WAS PREPARED WITHOUT THE BENEFlT F A TITLE POLICY. BEARINGS ARE BASED UPON: SEE SKETCH AND LEGAL DESCRIPTION LEGAL DESCRIPTION: PAE~EI, 1 A pares/ of land being a portion of the Northeast I/4 of the Southeast I/4 of Section 13, Townehlp ll ows: 29 South, Range 15 East, Pinellas County, Florida, being more particularly described as fo COMMENCE at the Northeast corner of the Northeast I/4 of the Southeast I/4 of Section 13, Township along the East floe of aald S00°09'08"E h , ence 29 South, Range I6 Eaet, Pinellas County, Florida; t 13 (being the basis of bearings for this legal ti on Northeast I/4 of the Southeast I/4 of Sec for 667.81 feet to the point of Inieraecilon with an Easterly extenalon of the West tion) descri bli , p c Right-oi-Way I-Ins of BELCHER ROAD, according to Oiflolal Records Book 4564, Page 155 of the Pu as No i Rlgh~-of-Way West fhe eaaldgEaatertyEexienelon of lon '51°W n ° F C 1 l n f a g , N89 17 13, Sec lon of l/4 Southeaet and sold West Right-of-Way Ilne of BELCHER ROAD, respectively, for 50.01 feet e of BELCHER ROAD Il , n to the POINT OF BEGINNING; thence the following two courses along sold West Right-ol-Way Ilne of ith sold Eaet BELCHER ROAO; (I) thence N00°09'08°W, along a Ilne 60.00 feet Wost of-and parallel w 05 feat; (2) thenoa leaving for 577 I3 otf S . , on e Ilne of the Northeast I/4 of the Southeast I/4 of arallel with The East Ilne of the Northeast I/4 of the Southeast t of and t W 00 f b p es ee 0. said Ilne N46°38'29"W, for 62.35 feet to the point of Intersection with the South 1/4 of Seollon 13 W , ay Right-of-Way line of STATE ROAD 60, according 1o Florida Department of Transportation Rlght-of- f BELCHER ROAD , Map 15040-2501, dated February 23, 1960; thence leaving sold Weat Right-ot-Way Ilne o same being o line 50.00 feet South of OAD 60 , N89°22'20"W, along said South Right-of-Way of STATE R t I/4 of the Southeast I/4 of Section 13, for th eas and parallel with the North Ilne of sold Nor oint of Intersection with the East Ilne of that certain property ae described In t to the 0 94 f p ee . 77 Deed Book 1016, Page 329 of the Public Records of Pinellas County, Florida; thence leaving aald roperty tain t ° ' p cer W, along sold Eaet Ilne of tha b9 South Right-ot-Way Ilne of STATE ROAD 60, S00°40 aid oertaln f s ae described In Deed Book 1016, Paga 329, for 616.65 feet to the Southeast corner o 62 feet to the point for 310 S89°18'02"E . , property ae desorlbed In Deed Book 1016, Page 329; thence section with a non-tangent curve, oonoava Northerly; thence Easterly along the arc of said te f i n r o curve, from a radial bearing of S32°15'51"W, having a radius. of 65.50 feet, a central angle of 57 feet to the point 68 '02"E f ° . or 18 63°07'45", an arc length of 72.17 feel, and a chord bearing S89 45 feet to the POINT OF for 447 S89°18'02"E . , of Intersection with a non-tangent 11ne; thence BEGINNING. Contalning 506,892 square feet or 11.637 acres, more or less. Error of clocure: 0.004 feet (JEB) TITLED `LAKES DE RAT i CLEARWATERY JOBENUMBER 2009u 0007, RINC CON UILTA TS L H EP O YR E E . , DESIGN FLORIpA BY ARED PR SURVE TOPOGRAPHIC AND DATED 3/31!2009 AND RECORD DOCUMENTS AS NOTED HEREIN AND IS SUBJECT TO AN ACCURATE FIELD BOUNDARY SURVEY. PREPARED FOR: LAKESIDE AT CLEARWATER SHEET DESCRIPTION: NORTH COMMERCIAL PARCEL SCALE: DATE: DRAWN: CALLED: CFECKED: SEE SHEET 1 FOR LEGAL DESCRIPTION NONE 1017/09 JEB JEB JEB ~~ SEE SHEET 2 FOR SKETCH /09-CHANGE SHEET DESCRIPTION (JEB) REVISION 1-11/9 JOB No.: EPN: SECTION: TOWNSHIP: RANGE: , REVISION 2-01/8/10-REVISED PARCEL GEOMETRY (JEB) 2009-07 329 13 29S 15E NOT VALID WITHOUT THE SIGNATURE LORIDA AND T O URV EIDA FLORIDA DESIGN CONSULTANTS, INC. R AND MAPPER. EY S ~ICENS ENGINEERS, ENVIRONMENTALISTS ~ SURVEYORS 8 PLANNERS 3030 Starkeyy Blvd. New Porl Richey, Florldo 34655 DAVID WILLIAM Mct) (727) 94s-7see PROFESSIONAL SURVEYOR AND MAPPER Certlflcate of Authortzatton: LB 6707 LICENSE NUMBER LS 5840 State of Florida STATE OF FLORIDA ~~__, of ® Copyright 2009 Florid° Design Consultants, Inc. Drawings and concepts may not b° uses or reprocucea wi~nouc wn«w, p°,,,,,aa,,,... ~-• •-- - - • ---- EXHIBIT "An Page 2 of 4 J; \329\Doto\Dwge\lS\329J~LL COMMERgAL~S4.dwg -Jon 08, 2010 O 10:OOom - peckman THIS IS rL4I A SURVEY RE MAY BE ADDITIONAL RESTRICTIONS AFFECTING THIS PROPERTY THAT BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY. i LEGAL DESCRIPTION AND SKETCH WAS PREPARED WITHOUT THE BENEFIT A TITLE POLICY. RINGS ARE BASED UPON: SEE SKETCH AND LEGAL DESCRIPTION N bo.oD' STATE ROAD 60 NOcCoR of - - r N LINE NE 1/4 OF SE 1/4 OF SEC 13-28S-15E THE NE 1/4 OF - - - - - - - 1HE SE 1/4 OF S R STATE ROAD 80 (FOOT 15040-2501 SEC 13-29S-15E N89'22'20"w 770.94' 0 100 200 N48'38'29"W 62.35' W R/W.BELCHER ROAD (ORB 4584, PO 155) bO.OD' (--~- 'I ~ N 1 /2 OF THE NE 7 /4 ~ G ~ I ",W ~ ~ OF THE SE 1 /4 OF p Q Ij~ ~-1"n' AQ~ACRES g~ ~ ~ SEC 13-29S-15E ^ ~ ~ ,~~ 9N~c . ~ ~ ~ SUBJECT PROPERTY: ~ a ~ m DB - DEED sooK ~ s 506,892 SQ fT, OR ~ ~ ~'~' _ FOOT .FLORIDA DEPARTl1ENT OF tP_ 11.637 AC, MOL w w tt TRANSPORTATKNd ;? c ~ S o Zt7i RIGHT-OF-WAY MAP m w e 3 0~ ~pl ~~ IL 01. - uoRE OR LESS " ~ ~ RADIUS=65.50' o g $j w ° ° ^ ORB = OFFlCIAL RECORDS BOOK w O r LENGTH=72.17' ~ ~ o _~ PB =PLAT BOOK o CHORD~68.57' o ~ ~' f5 m P~ -POINT OF BEGINMNG v°i CHORD BEARING=S89'18'02"E Z ~ T~ ~ o: eAO = RADIAL COIALIENCELIENT DELTA=63'07'45" ~ z m sic = SEC~TITOWF-WAY sE coR RADIAL BEARING=S32"15'51"W 3 ~'~~g SQ • SQUARE DB 1018, PO 329 ~ POB ~ $ S89'18'02"E 310.62' S89'18'02"E 447.45' I W R/W BELCHER RCAD / I (ORB 4584, PO 155) - _ I s I/2 of THE NE T/4 g OF THE SE 1/4 OF ~ SE^ 13-29S-15E ~ SE COR OF THE NE 1/4 OF THE: SE 1/4 OF SEC 13-295-15E NOTE, THE GEOMETRY PERTAIDRNO TO THE PARCEL OF LAND BEING DESCRIBED HEREIN (THE DESCRIPTION) IS SOLELY BASED UPON A BOUNDARY AND TOPOGRAPHIC SURVEY PREPARED SY FLORIDA DESIGN. CONSULTANTS, INC. TITLED "LAKESIDE AT CLEARWATER", JOB NUMBER 2009-0007, DATED 3/31!2009 AND RECORD DOCUMENTS AS NOTED HEREIN AND IS SUBJECT TO AN ACCURATE FIELD BOUNDARY SURVEY. !PREPARED FOR` LAKESIDE AT CLEARWATER I SHEET DESCRIPTKIN: NORTH COMMERCIAL PARCEL SCALE: DATE: DRAWN: I"=200' 10/7/09 JEB JOB No.: EPN: SECTION: 2009-07 -329 13 CALCED: SEE SHEET 1 FOR LEGAL DE5CRIPTION SEE SHEET 2 FOR SKETCH REVISION 1-11/9/09-CHANGE SHEET DESCRIPTION (JEB) REVISION 2-01/8/10-REVISED PARCEL GEOMETRY (JEB) NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. rowNSHIP: RANGE: 29S 15E FLORIDA DESIGN CONSULTANTS, INC. ENGINEERS, ENVIRONMENTALISTS SURVEYORS B PLANNERS 3030 Slorkey Blvd. New Port Richey, Florida 34655 (727) 849-7bBe Certificate of Authorizatton: LB 6707 State of Florido DAVID WILLIAM McDANIEL PROFESSIONAL SURVEYOR AND MAPPER LICENSE NUMBER LS 5840 STATE OF FLORIDA mCopyrlght 2009 Floride Daeign Consulionta, Inc. Drawings and concepts may not be used or reproduced without written permission. SIT68t ~ Of ~ EXHIBIT "A.. Page 3 of 4 __ _. _ _ .. _...._ ---.-...~-. .. .... ~..._ ,__ ne mm~ w ,n. 'I7..... II.e ~Lm nn u. ~.,w wa..u wnya ~... ~.. ..- ............. ....---_.._ __.. __, _._ . 'THIS IS ;~I A SURVEY THERE tAAY BE ADDITIONAL RESTRICTIONS AFFECTING THIS PROPERTY THAT MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY. THIS LEGAL DESCRIPTION AND SKETCH WAS PREPARED WITHOUT THE BENEFIT OF A TITLE POLICY. BEARMGS ARE BASED UPON: SEE SKETCH AND LEGAL DESGRIPTION --- LEGAL DESCRIPTION: P~~, 2 A parcel of land befog a portion of the Northeast I/4 of the Southeast i/4 of Section 13, Township 29 South, Range 15 East, Pinellas County, Florida, being more particularly described as follows: COMMENCE at the Northeaaf corner of the Northeast I/4 of the Southeoat I/4 of Section 13, Township ld f ' " so E, along the East Ilne o 08 Range 15 East, Pinellas County, Florida; thence S00°09 29 South , Northeast I/4 of the Southeast I/4 of Section 13 (being the basis of bearings for this legal description), for 1,335.85 feet to the Southeoat corner of said Northeast I/4 of the Southeast I/4 of Sactlon 13; thence leaving sold Eaat Ilne of the Northeast I/4 of the Soufhea~t 1/4 of Section along the South Ilne of said Northeast I/4 of the Southeoat i/4 of Sactlon 13, for N69°12'46"W 13 , , 89 feet to the Southwest corner of sold Northeast I/4 of the Southeoat I/4 of Section 13; 336 1 . , ihenco N00°23'47"W, along the Weat Ilne of sold Northeast I/4 of the Southeast I/4 of Sactlon 13, 01 feat to the POINT OF BEGINNING; thence continuo N00°23'47"W, along said Weat Ilne of the for 50 . Northeast I/4 of the Southeoat i/4 of Section 13, some being the East Ilne of EAST DRUID PARK, os recorded in Piat Book 61, Page 67 of the Public Records of Pinellas County, Florida, for 616.10 feet fo the Northwest corner of the South I/2 of sold Northeast I/4 of the Southeast I/4 of Sactlon 13, same being the Southwest corner of BAMBOO SUBDIVISION, as recorded In Plaf Book 28, Page 75 of the Pubilc Records of Pinellas County, Florida; thence leaving said Wesf Ilne of the Northeast I/4 01 the Southeast I/4 01 Sactlon 13, S89°17'33"E, along the North Ilne of sold South I/2 of the ~ Ilne of sold BAMBOO Northeast I/4 of the Southeast I/4 of Sactlon 13, same befog the South and the South Ilne of that certain property as described In Deed Book 1016, Page 329 of SUBDIVISION , the Pubilc Records of Pinelloe County, Florida, respectively, for 463,05 teat to the Southeast corner of said certain property as described In Dead Book 1016, Poge 329; thence leaving sold North 2"E t ' ° ar , 0 18 Ilne of the South I/2 01 the Northeaaf I/4 of the Southeast I/4 of Secllon 13, S89 310.62 feet to the point of Interaectton with a non tangent curve, concave Northerly; thence Easterly along the arc of sold curve, from a radial bearing of S32°IS'bl"W, having a radius of 65,50 '02"E f ° or 18 a central angle of 63°07'45", an arc length of 72.17 feet, and a chord bearing S89 feet " ' , E, for 447.45 teat 02 68.57 feet 1o the point of Inleraectlon with a non-tangent Ilne; thence S89°18 to the polnl of Intersection with the Weat Right-of-Way line of BELCHER ROAD, according to 0ltlclal '61"E ° , 17 Records Book 4564, Page 155 of the Public Records of Pinellas County, Fforlda; thence S89 " ' E, continuing 06 along said Weat Right-of-Way Ifne of BELCHER ROAD, for 14.00 feet; thence Soo°09 along sold West Right-of-Way Ilne of BELCHER ROAD, same being a Ifne 36.00 teat Weat of and parallel with said East Ifne of the Northeast I/4 of the Southeoat 1/4 of Sactlon 13, for 617.98 feet to the point of lntereectlon with the North Right-of-Way Ilne of DRUID ROAD, according to sold Otficlal Records Book 4564, Page 155 of the Public Records of Pinelloe County, Florida; thence leaving sold Wect Rlghf-of-Way Ifne of BELCHER ROAD, N89°12'46"W, along said North Rlght-of-Way Ifne of DRUID ROAD, same being a Ilne 50.00 feel North of and parallel with sold South Ifne of the Northeast I/4 of the Southeast I/4 of Sactlon 13, for 1,301.10 feet 1o the POINT OF BEGINNING. Containing 803,028 square feet or 18.435 acres, more or less. Error of closure: 0.008 feet (JEB) NOTE, THE GEOMETRY PERTAINING TO THE PARCEL OF LAND BEINa DESCRIBED HEREIN (THE DESCRIPTION) Is SOLELY BASED UPON A BOUNDARY J08 NUMBER 2009-0007, TITLED LAKESIDE AT CLEARWATER" NC , . AND TOPOGRAPHIC SURVEY PREPARED BY FLORIDA DESIGN CONSULTANTS, I DATED 3/3N2009 AND RECORD DOCUMENTS AS NOTED HEREIN AND IS SUBJECT TO AN ACCURATE FIELD BOUNDARY 8URVEY. PREPARED FOR: LAKESIDE AT CLEARWATER SHEET DESCR~nON: SOUTH RESIDENTIAL PARCEL SCALE: DATE: DRAWN: CALLED: ~~~ SEE SHEET 1 FOR LEGAL DESCRIPTION NONE 10/6/09 JEB JEB JEB ~ SEE SHEET 2 FOR SKETCH REVISION 1-11/9/09-CHANGE SHEET DESCRIP110N (JEB) JOB No.: EPN: sEOTION: TOWNSFAP: RANOE: REVISION 2-01/8/10-REVISED PARCEL GEOMETRY (JEB) 2009-07 329 13 295 15E NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA FLORIDA DESIGN CONSULTANTS, ~N~% LICENSED SURVEYOR AND MAPPER. ENGINEERS, ENVIRONMENTALISTS SURVEYORS a PLANNERS ~' 3030 Slorkey Blvd. Nsw Porl Rlehey Florida 34655 DAVID WILLIAM McDANIEL (727) ads-75ee PROFESSIONAL SURVEYOR AND MAPPER Certiflcate of Authorization: LB 6707 LICENSE NUMBER LS 5840 State of Florida STATE OF FLORIDA pCopyright 2009 Florkia Design Coneultante, Ina. Drawings and concepts may not be used or reproduced without written permission. JnGG- ~: EXfIIBIT "A.. Page 4 of 4 J: \329\Data\Dwpa\LS\329~ESIDENIIAL_LSl.dw9 -Jan 08, 2010 • 10; 33am - Jbackmen THIS IS rLQI A SURVEY RE MAY 8E ADDITIONAL RESTRICTIONS AFFECTING THIS PROPERTY THAT ~ BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY. i LEGAL DESCRIPTION AND SKETCH WAS PREPARED WITHOUT THE BENEFIT A TITLE POLICY. RINGS ARE BASED UPON: SEE SKETCH AND LEGAL DESCRIPTION ~ N I I BArrleoo sUBDr.~SION ~ ° ~ ~ THE NE 1/4 OF I PB 28, PB 75 FT `FEET THE SE 1/4 OF L10L -MORE OR LESS SEC 13-29S-15E ORB ~ ~FICIAL RECORDS BOOK P8 ° PLAT BOOK SUBDIVISION ~ S LJNE ppg ~ POINT OF BEGINNING SB99 7'51 "E (PB 28, PG 75) N ~ ~ 1018, PG 328 POC -POINT OF COMMENCDAFNT ~ M I I p,7 R/W ~ iBGHT-OF-WAY 0 100 QQQ 14.00 ~, LOT 7 LOT 14 m ~~ $q ~ SOUARE N UNE OF S 1/2 OF THE NE 1/4 S89'1B'02"E 310.62' S89'18'02"E 447.45' I OF THE SE 1/4 OF SEC 13-29S-15E I '~ S89'17'33"E 463.05' sE CGR W R/W BELCHER ROAD I (ORB 4584, PG 155) p Q~ ~ D8 1018, PG 329 ,~ ~ ~ RADIUS=65.50' ~ ~ g ii'o NW CDR of S 1/2 DF THE LENGTH=72.17' m = e) ~ -'" • NE 1/4 OF 'IHE SE 1/4 OF ' ~ °' m V o ~ ~ SEC 13-29S-15E; CHORD=68.57 ~ "; ~ d Yr. ~{~ c SW COR BAMBOO SUBDIVISION CHORD BEARING=S89'18'02"E n "' m o m ~- (PB 2B, PG 75) DELTAR63'0T45" co ~ ~ I~ I,~ ~~ SUBJECT PROPERTY: RADIAL BEARING=S32'15'51"W ~ I~ ~,~ ~~ ~a 803,028 SQ FT, OR .. m °'~ .. ~~ ~ ~ 18.435 AC, MOL S 1~~ ~ ~ 3 5 1/2 DF THE NE 1/4 W & ~ rj c ~ OF THE SE 1/4 OF a0 W d. SEC 13-29S-1SE ~ ~ ~ ~" q 'd M ~3 WW~ o po~ WIC (/1~ N Z ~W Z 0: IW r, ; 3 17 IW . ~J POB N89'12'48"W 1301.10' 3s.oo' --- N R/W DRUID ROAD (ORB 4584, PG 155) N00'23'47"W 50.01' - - _ _S_lIN_E NE 1/4 OF SE 1~4 OF SEC 13-295-(5E b0.00' SW COR OF N89'12'48'W 1336.89' SE COR OF DRUID ROAD THE NE i/4 OF ~ THE NE 1/4 OF THE SE 1/4 OF THE SE 1/4 OF SEC 13-29S-15E SEC 13-29S-15E NOTE. THE GEOMETRY PERTAINING TO THE PARCEL OF LAND BEING DE8CRIBED HEREIN (THE DESCRIPTION) I6 60LELY BASED UPON A BOUNDARY AND TOPOGRAPHIC SURVEY PREPARED BY FLORIDA DEeIGN CON9ULTANTB, INC. TITLED "LAKESIDE AT CLEARWATER", JOB NUMBER 2009-0007, DATED 3!3112009 AND RECORD DOCUMENTS AS NOTED HEREIN AND IS SUBJECT TO AN ACCURATE FIELD BOUNDARY SURVEY. PREP"RED FOR: LAKESIDE AT CLEARWATER SHEET DESCRIPTION: SOUTH RESIDENTIAL PARCEL scAl~: DaT>:: DRAWN: CALLED: CHECK SEE SHEET 1 FOR LEGAL DESCRIPTION I"=200' 10/6109 JEB JEB JEB ~ SEE SHEET 2 FOR SKETCH Joe Na.: EPN: sECnoN: 1OWNSHIP: RANGE: REVISION 1-11/9/09-CHANGE SHEET DESCRIPTION (JEB) 2009-07 329 13 29S 15E REVISION 2-01/8/10-REVISED PARCEL GEOMETRY (JEB) NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA FLORIDA DESIGN CONSULTANTS, INC. LICENSED SURVEYOR AND MAPPER. ENGINEERS, ENVIRONMENTALISTS ~7 SURVEYORS 6 PLANNERS 1~ 3030 Slorke Blvd. New Po(~27)h9~18F~669 34655 ~ DAVID WILLIAM McDANIEL PROFESSIONAL SURVEYOR AND MAPPER Certificate of Authorization: LB 6707 LICENSE NUMBER LS 5840 State of Florida STATE OF FLORIDA ®Copyrk]ht 2009 Florida Design Conaultonta, Ino. Orawinga and concepia may not be uaed or reproduced without written permleelon. Sheet !, Of _ EXHIBIT "B" TO FLEXIBLE DEVELOPMENT APPLICATION FOR RESIDENTIAL INFILL PROJECT Lakeside at Clearwater (Northwest Corner of Belcher and Druid) Section B. Description of Request The applicant, Nickel Plate Properties, Inc., proposes to redevelop the property described on Exhibit "A" attached ("Parcel 2") with 243 multi-family residential dwelling units. Parcel 2 is comprised of 18.435 acres located at the northwest corner of Belcher Road and Druid Road. Specifically, the applicant requests flexible development approval of a residential infill project to permit 243 multi-family residential dwelling units in the Medium Density Residential (MDR) District, with a. a Lot Area of 18.435 acres (803,028 square feet), where 15,000 square feet is required; b. a Lot Width of 1,300', where 150' is required; c. a maximum height (above BFE) of 41', where 30 to 50' is allowed;. d. a front (south) setback along Druid Road of 97' to building and 25' to other structures, where 25' is required; e. a front (east) setback along Belcher Road of 270' to building and 25' to other structures, where 25' is required; f. aside (north) setback of 27' to building and 10' to other structures, where 10' is required; g. aside (west) setback of 10' to garage, 109' to building and 28' to other structures, where 10' is required; h. 490 parking spaces, where 486 spaces are required; i. 25-foot landscape buffers on South Belcher Road and Druid Road, where 15-foot landscape buffers are required; j. attached dwellings in the MDR District, where offstreet parking is not screened from adjacent street (Druid) by a 4'-high landscaped wall or fence; and k. approval of a two-year development order; under the provisions of Section 2-404(F) of the Clearwater Community Development Code. Simultaneously with this request, the applicant has submitted applications seeking approval of (i) a land use plan amendment from Residential Low Medium (RLM) to Residential Medium (RM); (ii) rezoning from Mobile Home Park (MHP) to Medium Density Residential (MDR); and (iii) a Development Agreement setting forth the terms of the development of Parcel 2 and the adjoining parcel to the north ("Parcel 1"), which is proposed to be redeveloped with retail use. This application for flexible development approval shall be conditioned on the approval of the rezoning and land use plan amendment applications. Section D. Written Submittal Requirements General Applicability Criteria: 1) 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. The project is not as dense and does not have as intense coverage as may be allowed in the MDR zoning district and Residential Medium land use designation. The proposed 243-unit multi-family development will have a density of only 13.181 units per acre, where 15 units per acre are allowed in the Residential Medium land use designation. The proposed project has an impermeable surface area of 46.803 percent where 75 percent is the maximum allowed. The proposed residential buildings and clubhouse will be three stories, a total of 41' in height. The project has been designed with all three-story structures oriented toward the interior of the site, surrounded by one-story garages on the north and west sides, parking area buffered by a 25` landscape buffer on the south side and a large drainage pond on the east side of Parcel 2, relocated from its current location on Parcel 1. As such the building setbacks to the adjoining parcels are well in excess of Code requirements. As shown on the site plan, one-story garages are proposed to be located set back 10 feet from the westerly and northerly property lines with 10' of landscaping along the westerly and northerly property lines. The landscape buffers widen at the corners of the property and a 25' landscape buffer is provided on Druid Road and Belcher Road. The following properties are adjacent to Parcel 2: 2 Location Zonin Land Use Desi nation Actual Use North Commercial (C) Residential/Office/Retail Currently vacant - (Parcel 1) Proposed Proposed Owned by the applicant and proposed for 70,212 sq. ft. of retail and 12,787 sq. ft. of restaurant LMDR Residential Urban Single-family residential on Bamboo Lane MDR Residential Urban Ancillary parking for car dealership East Commercial (C) Commercial General Publix/Office Depot (across Shopping Center Belcher Road) Bank, Funeral home Office (O) Residential/Office Professional and General medical offices South Low Medium Density Residential Urban Single-family (across Druid Residential (7.5 units per acre) subdivision Road) West Low Medium Density Residential Urban (7.5 Single-family Residential units per acre) subdivision The proposed 3-story multi-family project is of appropriate scale and character to make a transition between (i) the single-family residential areas to the south and west on two sides of the project and (ii) the proposed retail and restaurant uses on the north and office parcels to the east on the other two sides of the project. 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. Parcel 1 and Parcel 2 comprise the former Lakeside Mobile Home Park, which was occupied by 295 mobile homes in existence since the 1950s. The owner took the necessary steps to close the mobile home park and the property is now vacant. As a result of redevelopment of a former mobile home park site, the vacant land is located amid established neighborhoods to the south and west, 3 the established office uses at the northeast corner of Belcher and Druid and the recently redeveloped commercial parcel at the southeast corner of Gulf-to-Bay and Belcher. The proposed redevelopment which will include the pond relocation and attractive landscaping will enhance this corner of Druid and Belcher as compared to its former appearance. The residents of the project will be potential customers of the proposed retail and restaurant uses to the north and the existing retail to the northeast. 3) The proposed development will not adversely affect the health or safety of persons residing or working in the neighborhood of the proposed use. The applicant has submitted a Traffic Study, described in detail in Response 4 below which confirms that the proposed project will not impact the roadway network, with certain improvements being made by the applicant. The adjacent neighborhoods and parcels will also benefit from the improved traffic flow provided by these improvements. The proposed project will share an entrance drive on Belcher with Parcel 1, to be located on the Parcel 1 property and provided for by a recorded easement. In addition, there will be three driveways on Druid Road, with the one nearest Belcher Road being an exit only, right-turn only so as not to interfere with the intersection of Belcher and Druid. All project entrances and exits will be gated; however the main entrance on Druid will allow ungated access to guest parking spaces, such that guests arriving at the project may have adequate space in which to park or turn around. while awaiting access to the property. 4) The proposed development is designed to minimize traffic congestion. A traffic study prepared by Roy E. Chapman, P.E., Florida Design Consultants, Inc., dated August 25, 2009 ("Traffic Study") is included in this submittal. The Traffic Study confirms that the proposed project, with the addition of certain improvements to be made by the applicant, will not impact the level of service of the roadway network. The proposed improvements are (i) an eastbound right turn lane at Gulf-to-Bay and Belcher, (ii) a southbound right turn lane at the intersection of Belcher Road and the existing Publix driveway and (iii) improvements to the existing traffic signal on Belcher at the Publix driveway. The proposed development agreement provides for the applicant's construction of the improvements, including the dedication of necessary right-of-way for the Gulf-to-Bay turn lane. The applicant has applied to FDOT and Pinellas County for the necessary driveway permits for the project and the Parcel 1 project. Access to the residential project will be via three driveways-one on the north which will access Belcher via a recorded easement over a portion of Parcel 1, and two on the south adjoining Druid Road. A fourth driveway, which is the easternmost driveway on Druid is an exit only, right turn only so as not to impact the Belcher/Druid intersection. The main entrance on Druid Road allows access to parking spaces prior to reaching the gate so as to allow adequate space for 4 guests to wait or turnaround and avoid any stacking on Druid Road. Parking requirements are met so as to discourage any street parking by residents or guests. 5) The proposed development is consistent with the community character of the immediate vicinity of the parcel proposed for development. Parcel 2 is now an undeveloped site at the northwest corner of Belcher and Druid. Continuing south from Parcel 2, Belcher Road is primarily residential in character, as is Druid Road extending west toward Clearwater High School. The character of the project as amulti-family residential project providing rental housing for families is compatible with this area. The majority of the residences on the south side of Druid Road have fenced rear yards across from the proposed development and couple have side yards across from the project. There are no more than 3 which actually face Druid Road and the project, those being the easternmost near Belcher and the westernmost located west of .University. The easternmost will face the 25' perimeter buffer and the pond. The westernmost will face the 25' perimeter buffer, 10' side buffer and one-story garages. 6) The design of the proposed development minimizes adverse effects, including visual, acoustic and olfactory and hours of operation impacts on adjacent properties. The proposed redevelopment project will improve the appearance of the property as viewed from. all directions. The applicant has included in this application package proposed architectural elevations of the proposed 3-story residential buildings, 3-story clubhouse and one-story garages. As shown on the site plan, each "pod" within a residential building will be offset from the other pods in the building to create visual interest. The- proposed clubhouse and pool are in the center of the site and will be viewed from Belcher so as to keep noise away from the other residential neighborhoods to the south and west. The proposed trash collection areas will be screened so as not to impact passersby. Residential Infill Project Criteria: 1. The development or redevelopment of the parcel proposed for development is otherwise impractical without deviations from the intensity and development standards. The applicant is not proposing any deviation with regard to density or intensity. The development standards from which deviation is requested are: 5 1. The applicant requests a maximum height of 41' through flexible development approval. The proposed residential buildings and clubhouse are three stories with a proposed height or 41'. The project is designed to orient the 3-story buildings toward the interior of the site, surrounded by one-story garages on the north and west sides of the site, parking areas and a 25' landscape buffer on Druid Road on the south side of the site and a large drainage pond on the east side of Parcel 2, relocated from its current location on Parcel 1. The 3-story buildings are set back 97' from Druid Road, 270' from Belcher Road, 120' from the north property line and 109' from the west property line. As shown on the site plan, one-story garages are proposed to be located 10 feet from the westerly and northerly property lines with 10 feet of landscaping along the property line. The landscape buffers widen at the corners of the property and a 25' landscape buffer is provided on Druid Road and Belcher Road. The additional height is appropriately buffered by the increased setbacks, step down to the one-story garages and increased landscape buffers. 2. The applicant requests relief from the requirement set forth in Section 2-304.6 of the Code that attached dwellings in the MDR district have offstreet parking screened from an adjacent street by a 4' high landscaped wall or fence. The increased landscape buffer of 25' where 15' is required along Druid Road adequately screens the offstreet parking spaces. A 4' high fence or wall along Druid would not be as attractive as the proposed landscape buffer. The project meets the screening requirement along the northerly and westerly property lines. 3. The applicant requests atwo-year development order, due to current market conditions. 2. The development of the parcel proposed for development as residential infill project will not materially reduce the fair market value of abutting properties. (Include the existing value of the site and the proposed value of the site with the improvements.) As previously discussed, Parcel 2 is a portion of the former location of the Lakeside Mobile Home Park and is now vacant. The proposed improvements including significant landscaping will enhance this corner. The existing property value of Parcel 2 (currently vacant) is estimated to be $2 million. The estimated value of the site with the proposed improvements is $18,225,000. 3. The uses within the residential infill project are otherwise permitted in the City of Clearwater. Attached dwellings are permitted in the MDR zoning district. 4. The uses or mix of use within the residential infill project are compatible with adjacent land uses. 6 As previously discussed, the following are the land uses adjacent to Parcel 2: Location Zonin Land Use Desi nation Actual Use North. Commercial (C) Residential/Office/Retail Currently vacant - (Parcel 1) Proposed Proposed Owned by the applicant and proposed for 70,212 sq. ft. of retail and 12,787 of restaurant LMDR Residential Urban Single-family residential on Bamboo Lane MDR Residential Urban Ancillary parking for car dealership East Commercial (C) Commercial General Publix/Office Depot Shopping Center Funeral home, bank Office (O) Residential/Office Professional and General medical offices South Low Medium Density Residential Urban Single-family (across Druid Residential (7.5 units per acre) subdivision Road) West Low Medium Density Residential Urban (7.5 Single-family Residential units per acre) subdivision The proposed use as amulti-family residential development is an appropriate transition between the (i) single-family residential areas to the south and west of Parcel 2 and (ii) the proposed retail and restaurant uses on Parcel 1 to the north and office parcels to the east. 5. The development of the parcel proposed for development as a residential infill project will upgrade the immediate vicinity of the parcel proposed for development. As shown on the proposed plans, the proposed project is attractively designed and landscaped, including 25' perimeter landscape buffers on Belcher and Druid where 15' buffers are required. The relocation of the pond to the northwest corner of Belcher and Druid will add visual appeal at the intersection with the 7 view of the proposed clubhouse and residential buildings across the pond. The redevelopment of the site, accompanied by the redevelopment of Parcel 1, will revitalize this area. 6. The design of the proposed residential infill project creates a form and function that enhances the community character of the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. Parcel 2 is an appropriate location for amulti-family residential project located between commercial and office uses to the north and east and single-family residential to the south and west. The project is attractively designed and landscaped and will provide rental housing for families. 7. Flexibility in regard to lot width, required setbacks, height and off-street parking are justified by the benefits to community character and the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. The applicant is not proposing any deviation with regard to density or intensity. The applicant requests approval of a residential infill project to allow a maximum height of 41' and attached dwellings in the MDR district where offstreet parking is screened by a 25' landscape buffer where a 4' high landscaped wall or fence is required.. This area of Druid Road is characterized by older single-family developments. The additional height will allow a viable development of the site with a minimal increase of the density currently allowed. The proposed actual density is 13.181 units per acre and the density currently allowed (RLM} prior to the proposed land use change is 10 units per acre. As previously discussed in response to Res. Infill Criteria 1, the additional height requested is appropriately buffered by the increased setbacks, visual step down to the one-story garages and increased landscape buffers. 1/15/2010 10:23 AM 45497.116337 #509123 v1 -Nickel Plate/Ex B to Res Infill App 8 Deed Parcel No. 13/29/15/00000/410/0100 Owner: Nickel Plate Properties, Inc. Deed: O.R. Book 4791, Page 1232, Public Records of Pinellas County, Florida, dated 12/188 to Lakeside Corp., a Florida corporation Merger: Lakeside Corp. merged into Nickel Plate Properties, Inc., on 5/25/04 :~..""~"'..s' ` "F s C" '+~{~ i~~' IZry~ial~iQ f h THIS INDENTVtt>C. Made this 1st day of December 19 70, by ~ - and between INFZ E. VAN WALLIGHAN, formerly Inez E. Hinners, widow and - survtvtng spouse of Robert J. Hinners, deceased of the County of ttILLSDdNUtJGN , State of Florida party of Ehe first part, AND ,~ LAKESIDE Cf)RP. , a Florida Corporation whose post 'office address is: l.o. 8eX 371 ~atkteMVrl1t ~ St-frarft G~6S~ . of the County of Pinellas , in the state of Florida party of the aecoad part, ~ ' t+IITNESSETEt: That the said party of the first part, gor and in consideration of the sum of Ten and 00/100----------- Dollars. and other valuable ccnsiderationa, .lawful money of the United States of Amesica, to her in hand paid by the said party of ! the second part, the receipt whereof is hereby acknowledged, has granted. bargained, sold and conveyed ,to the said party of the ;• ~ seoond part, its successors to~oc and assigns forever, all of the . O following described land in 7S County, Florida, to-wit: ~ Plrl~-- ie lOas lr- . The Northeast quarter (NE T/+l) of the Northeast quarter (NE 1/d) of the South- ~ s ~ east quarter (SE 1/~ and the South one-half ~ 1/2) of the Northeast quarter + (NE 1/~) of the Southeast.quarter SE 1/41 of Section 13, Township 29 South, , ~ Ra+~ge 15 East, SVBJECT'HOWEVER to the fight-of-way of the public thorough- - '_ fare known as Gulf-to-Bay $oulevard over the North fifty (30) feet of said North- , r east quarter (NE 1/~Q of Northeast quarter (NE 1/~I of Southeast quarter - !' ,(SE 1/~ and the South fifty (Sf~ feet of said Northeast quarter (Nl: 1/4) of said Southeast quarter (SE 1/4) for right-oE-way of Druid Road (County Road No. 28), + and that part of said Northeast quarter (NE 1/~) of Southeast quarter (SE 1/~ • described in O.R. Eot>k X564, pages 154, 1SS end 156, for right-of-way of Belchar Road (County Road No. 21~ , all lyir~ and being in Pinellas County, ! Florida. . Captioned premises is not the horQestead of the grantor wh9 , • resides at 3EP ~. E. .fie •~., ~~ .3~..~` 7~- ~3us< ,~ .. <~~ TO NAVE AND TO tIOLt) the above described premises, with the ~ appurtenances, unto the said part 'y of the second part, its success ~ ba0~ctrlt and assigns, in fee simple forever. , ~ And the said party of the first part do es hereby covenan • ~ with the said party of the second part that said described of property is free from all lieas aa~ eaewnCrarrcea except taxes and/ ar assesameats for the year 19 79 and subsequent years and ease- `~ scents and restrictions o€ record,' if say. And the said party of the first part do es heseby fully warrant the title to said lava, and will defend the same against the lawful claims of ail persons whomsosver. IN MITNESS WttER£OF, the said part y of the first part ha s ~-~ executed this deed under. seal on the da/rfe aforesaid-. ~j (,/' tv Signed. sealed and delivered ~ t j fSE1tL) in the presence ofs 3tle ~: h~~a~p~~I'y ~C Inez E. 1'.tnne:s, - •,J ;' C:RII ~ F•, . ,` , ~ IIEC 21~ ~ ? ft~'i~ tRF.AL1 • q ~j .: .fit :~ ..~. ~r Tot 1 ~• o .. ~ t , ,~~ t t sTRTE OF FLORIDA ) 0.x.4791 F:6E 1232 COUNTY OF HILLSBOROUGH ) • I HEREBY CERTIFY, That on this day, before me, an officer duly authorized in t!{e State aforesaid and in the County aforesaid to take acknowledgments, personally sppeared `7 tN1Z E. VAA1 WALrvLIiCHAN, formerly tnez E. inners, widow and • ' to me known to beu theme s~¢ Qf Robert J inners, deceased person(s) describe in and xho executed the foregoing instrument, and she acknrn+ledged before me that she executed the same as her free act and deed for the uses and purposes therein stated. NITNESS {ny hand and official seal fn the County and State last aforesaid this 1st day of Decem~r A.D. 19/~y8. , '• '•-:.° .-.. /lc . ,.tom ~ • ! ' ~.~ lct / • NOT R UBLIC, STATE bF F RIDA A LAS • My Coaunissfon 8xpires: 6-2-81• • t• , ~ STATE OF ) . COUNTY OF ) i I HERESY CERTIFY, That on this•day, before me, an officer duly • authorized in the State aforesaid and in the County aforesaid to '- Fake acknowledgments, personally appeared •; • ~ . to {ae known to be the person(s) described in and who•exeauted•the foregoing instrument, and acknowledged before me that executed the name as free act and deed for. the ` • •.nses and .purposes therein stated. `• - 4 ' MITNESS s{y hryf{d and official seal in the County and State last • aforesaid this day of A.D. 19 w NOTARY p LIC, ATE OF A LARGE M7r Com~eission Expires: . # (Place raised official seal•here) 1 _' ~„ S 1 ~ ~~rF ~=LQF2F[~A i G t ~1 •. f. •' tac n x i • .-. - -- - LU'~)~?~1( ~~,w=fiE F SFr .,;c1• =-~ es OIZ_ ~ !N AR~r ~1A~AP_t!_X ( ri a 3~t,J,~~i• R7 •~fNld t/\Xi • '- „~ a. ~u•;r.~ f'~~'9 0 Q 0 0 j .: ~ € r: `:,:s::,.-~ •S C C. i= Q t • -- ~^ a ~UA~Ft.iAR' to ~ .TAXI ~ •'+ ~~ FLORI A\SU~LIhr- . ••. =fi~iE.:hii\~"~'~9~0.~~ t w~ ~+ vet 91:.m ,i~ I900.ODI . e Si~.~•~ ---~? ._ .~! a ~{iWt {~s{/ L~L~~. _ ''~ , 1 _ A "~ w v~ .,~jit ~` SUR f~ ~+ ,}'y FLOiti~A ~ /7 ~ .n ~ t,i~ ~ I 0 r " ARTICLTS OF MERGER ~--<<n o OF ~c 3 LIMA LAKE, iNC. ~~ AND ~,~ ~ m LAKESIDE CORP. -,o ~ INTO t .~ ~ NICKEL PLATE PROPERTIES, INC. a c~`- a' Pursuant to the provisions of Section 607. [ 105 of the Florida Business Corporation Act, the undersigned corporations adopt the following Articles of Merger for the purpose of merging LIMA LAKE, INC. (Document #58 1602) and LAKESIDE CORP. (Document #592049) into NICKEL PLATE PROPERTIES, INC. (Document #670645), which will be the surviving corporation. I~ A Plan and Agreement of Merger ("Plan") was approved by the shareholders and directors of each of the undersigned corporations in the manner prescribed by the Florida General Corporation Act on the dates set forth below:. LIMA LAKE, INC. March 31, 2404 LAKESIDE CORP. March 31, 2004 NICKEL PLATI~ PROPERTIES, INC. March 31, 2404 2. The Plan provides for the exchange, classification orcancellation of the issued shares as follows: following: The method of canying into effect the Merger provided in the Plan will be the a) At the effecti ve time of the Merger, al l of the outstanding common stock (1,444 shares} of LIMA LAKE, INC. shall be surrendered to LIMA LAKE, INC. for cancellation. b)) At the effective timeoftheM~rger, all ofthe outstanding common stock (1,400 shares) of LAI{ESIDE CORP. sha11 be surrendered to LAKESIDE CORP. for cancellation. c), _ There shall be no change in the capitalization of NICKEL PLATE FROPERTIES, INC. and no additional stock sl~ll_b~ issued to the shareholders of NICKEL PLATE PROPERTIES, INC. 3. The merger of tl3e undersigned corporation will become effective on the date on which the Articles of 1~4erger are certif ed by the Florida Department of State. 4. No changes in the Articles of Incorporation of the sun~iving corporation are required. 5. As to each of the undersigned corporations, the number of shares outstanding, and the designation and number of outstanding shaves of each class entitled to vote as a class, if any, on such Plan arc as follows: A~dciaofMer~r ~~ .~ Name of Comoration .,.. LIMA LAKE, INC. LAKESIDE CORP. NICKEL PLATE PROPERTIES, INC. Number of Shares . ~ ~utstandin>r 1,000 1,000 1,000 6. As to each of the undersigned corporations, the total number of shares voted for and against such Plan, respectively, and as to each class entitled to vo#e thereon as a class, if any, the number of shares of such class voted for and against such Plan, respectively, are as follows: Number of Shares Total Total Voted Voted blame ofCornoration _ _ ... _ _ .. _ _- -- . _ ~Qr - 'ns LIMA LAKE, INC. _~ Voting Common Stock LAKESIDE CORP. . Voting Common Stock NICKEL PLATE PROPERTIES, INC. Voting Common Stock Dated: ~~~:y~, 2004 1,000 0 - ~ - - - - ' 1,000 0 1,000 - 0 LIMA LAKE,.INC., a Florida corporation 161ichael C. Bausch, President Attest: B ara Cooper, Secretary ,,,..~...~„qn., ~ : ,.• f.:::. A ~ 1~ • t~ ~ I rr. t • ~ J ~• . ,•~ ~ ,••I••- • .••1••... , AltlClp Of Met~et ~Z .t Dated: 20Q4 _ . _ , , _ „ T.A KFSJDE CORP., a Florida corporation Mic ae C. Bausch, President • Attest: (coRPORA~ Dated: Zl 2004.. STATE OF FLORII}A COUNTY OF PINELLAS .__._ . .._ NICKEL PLATE PROPERTIES, INC., a Florida corporation ~! ~ •,- .~ r ,' q' '~ • '''• Ci " ` %~ • .• } ~y ~,.i ~ ~ . , c~ v ,~ ., ~ ~ • ~ . ~- v ,. ,., „~•~,~,...•u~' """~~ Michae C. Bausch, President Attest: CL .. ~.. Barbara Cooper, Secre ary,, ~ f ~ '' ' ~ • ~• '~ ,-. .. ~ ca . ~ . l~'3Z .. •~in.,,,,,.~~ :> The foregoing instrument was acktiowledgedbefore me this dayof ~ ~ 2004, _ by Michael C. Bausch, President of LIMA LAKE, INC., a Flonda corporation, on alf of the corporation, who is personalty _ known _ to amine o~-p~edu Hype +~ hCf CA1~SfGt{ 190156157 Expires: '' ~ ES: ocio6er 15, 200fi eond~dtM K~I~' aR STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrumentwas acknowledged6efore me day of 2004, by Michael C. Bausch, President of LAKESIDE CORP., a Flo~orporation, on half of the Articles oFMerger Page 3 ,' :~. corporation, who is personally known to me of 3m ,~r-; : ;'~, JOSE~fi.~ SOl~ill. Jlt• ion xpires:_,, t~vcot+~oo~~atw EXPO October 15,2006 ~'~,~,, a~ ItadeJ Ihru ~ Nrury sw+kn STATE. OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me th' $ day of ~ 2004, _ . _ by Michael C. Bausch, President of I~IICKEL PLATE PROPERT~]~C., a F onda co oration, on behalf of the corporation, who is personally known to me rode ;ate: ) as-i~entifrt~'ttatr.~ ~ n~~~ ~4 ruvu~j yr„ .1068'I~~SOHOTA~.A9. name: ~ = "' ~ µYCOr Op t56t67 ssion Expires: *~ t~,2oo6 °~,~a eooa~e~+r+~r-~i Artieta orMaBer 1'~; ~9o~ys (fZequesbr's Name} (Address) (ndaress) 6a~636984686 {CityrState~zipN?hone #) PECK UP ~ WAR ~ MAtf_ (Business Entity Name) ~.ttljLUJ.fU~i~"UIiJJI"-'UL't ~~`lI.:J.~J (Document Number) Certified Capks Cectiftcatas of Status Special Ir~tructions to Filing Officer: office use only ~V v 1. o«~u.a. ~aa~r 2 s 2aat n.~ o 7> m _ ,. ..~ N ~~~ t ~ ( i ~~ s O r cn x.1.1 .r _:1+{ ~~ ' ~ri1 ~~ e'er . ..• r~ .:. ~ . `~., .. LZ r... •rt...' ! ~ ' 1 ~ 1 ' ~ Yr. v m ~ A z ~ N .'~ ~ ~ AT`T'ORNEYS' TfTLE Requestor's ~~ '19fi5 Capital Circle NE, Suite A _ ~~ Tallahassee, Fi 32308 850-222-2785 CityfSt2ip Phone # CORPORATION NAME(S) & DOCUMENT NUMBER(S), (if known): 9- NICKEL PLATE PROPERTIES, INC. 2- - 3- 4= aWaltc-in QPlck,up ttrrte ASAP ~Cerfifted Copy Mail-out Will wait Photocopy ©Certifh~te of Status OTHER F11.INGS Annual R rt Fictitious Name Name Reservation Exanimer's Initials ~~~ ~_ FLD2009-12045 2165 GULF TO BAY BLVD LAKESIDE AT CLEARWATER