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LUZ2009-12003; 2165 GULF TO BAY BLVD; LAKESIDE AT CLEARWATER LUZ2009-12003 2165 GULF TO BAY BLVD LAKESIDE OF CLEARWATER PLANNER OF RECORD: LKM ATLAS # 298B ZONING: MHP LAND USE: RLM RECEIVED: 12/01/2009 INCOMPLETE: COMPLETE: MAPS: PHOTOS STAFF REPORT: DRC CDB: CLW CoverSheet CDB Meeting Date: February 16, 2010 Case Number: LUZ2009-12003 Owner/Applicant: Nickel Plate Properties, Inc. and Lakeside Enterprises, L.L.C. Address: 2165 Gulf-to-Bay Boulevard Agenda Item: EE3 CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT BACKGROUND INFORMATION REQUEST: (a) Future Land Use Plan amendment from the Residential Low Medium (RLM) Classification to the Residential/Office/Retail (R/O/R) and Residential Medium (RM) Classifications. SITE INFORMATION (b) Rezoning from the Mobile Home Park (MHP) District to the Commercial (C) and Medium Density Residential (MDR) Districts. PROPERTY SIZE: 1,309,849 square feet or 30.07 acres (total) (1) 2165 Gulf-to-Bay Boulevard Proposed Parcel 1: 506,908 square feet or 11.637 acres (2) Gulf-to-Bay Boulevard Proposed Parcel 2: 803,028 square feet or 18.435 acres PROPERTY USE: Current Use: Proposed Use: PLAN CATEGORY: Current Category: Proposed Category: ZONING DISTRICT: Current District: Proposed District Vacant (former Mobile Home Park) Retail/Commercial and Attached Dwellings Residential Low Medium (RLM) Residential/Office/Retail (R/O/R) and Residential Medium (~) Mobile Home Park (MHP) Commercial (C) and Medium Density Residential (MDR) Community Development Board -February 16, 2010 -Case LUZ2009-12003-Page 1 of 15 EXISTING North: Drug store, Grocery Store, and Vacant Retail/ SURROUNDING USES: Commercial West: Auto Dealership and Single-Family Residential South: Single-Family Residential East: Retail/Commercial, Bank, and Office ANALYSIS: This Future Land Use Plan amendment and rezoning application involves three parcels of land, comprising approximately 30.07 acres in area, located west of South Belcher Road between Gulf-to-Bay Boulevard and Druid Road. The applicant is proposing minor lot line adjustments as part of two related Flexible Development applications submitted concurrently with this land use plan amendment and rezoning application (see Case No. FLD2009-12045 and Case No. FLD2009-12046), resulting in two parcels to be addressed by this request. The subject property is currently vacant, but was formerly occupied by a 295-unit mobile home park. It has an existing Future Land Use Plan designation of Residential Low Medium (RLM) and a zoning designation of Mobile Home Park (MHP). The applicant is requesting to amend the Future Land Use Plan classification of proposed Parcel 1 (northern 11.637 acres of property) to the Residential/Office/Retail (R/O/R) classification and to rezone it to the Commercial (C) District in order to permit the development of retail/commercial uses. The applicant is also requesting to amend the Future Land Use Plan classification of proposed Parcel 2 (southern 18.435 acres of property) to the Residential Medium (RM) classification and to rezone it to the Medium Density Residential (MDR) District in order to permit the development of attached dwellings. A proposed development agreement between the applicant and the City is also associated with this site that limits the amount of retail/commercial uses on Parcel 1 to 90,000 square feet (202,763 square feet allowed pursuant to the Residential/Office Retail (R/O/R Plan designation); limits the number pf developable residential units nn Parcel 2 tp 243 riwPlling units (276 ~initc allowed pursuant to the Residential Medium (RM) Plan designation); and limits the building heights to 36 feet on proposed Parcel 1 and 41-feet on proposed Parcel 2 (see Case No. DVA2009-00005, agenda item E4 for complete analysis). In accordance with the Countywide Plan Rules, the Future Land Use Plan amendment is subject to approval by the Pinellas Planning Council and Board of County Commissioners acting as the Countywide Planning Authority. Based on the size of the parcel as well as the proposed density, review and approval by the Florida Department of Community Affairs is required. I. CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN [Section 4- 602.F.1 and Section 4-603.F.1 and 2] Recommended Findings of Fact Applicable Goals, Objectives and Policies from the Clearwater Comprehensive Plan in support of the proposed land use plan amendment are as indicated below: A.2. Goal - A sufficient variety and amount of future land use categories shall be provided to accommodate public demand and promote infill development. Community Development Board -February 16, 2010 -Case LUZ2009-12003 -Page 2 of ] 5 A.2.2.2 Policy -Residential land uses shall be appropriately located on local and minor collector streets; if appropriately buffered; they may be located on major collector and arterial streets. Residential land uses shall be sited on well-drained soils, in proximity to parks, schools, mass transit and other neighborhood-serving land uses. A.2.2.3 Policy -Commercial land uses shall be located at the intersection of arterial or collector streets and should be sited in such a way as to minimize the intrusion of off-site impacts into residential neighborhoods. New plats and site plans shall discourage the creation of "strip commercial" zones by insuring that adequate lot depths are maintained and by zoning for commercial development at major intersections. A.4. Goal -The City shall not permit development to occur unless an adequate level of service is available to accommodate the impacts of development. Areas in which the impact of existing development exceeds the desired levels of service will be upgraded consistent with the target dates for infrastructure improvements included in the applicable functional plan element. A.4.1.1 Policy - No new development or redevelopment will be permitted which causes the level of City services (roads, recreation and open space, water, sewage treatment, garbage collection, public school facilities, and drainage) to fall below minimum acceptable levels. However, development orders may be phased or otherwise modified consistent with provisions of the concurrency management system to allow services to be upgraded concurrently with the impacts of development. A.6. Goal -The City of Clearwater shall utilize innovative and flexible planning and engineering practices, and urban design standards in order to protect historic resources, ensure neighborhood preservation, redevelop blighted areas, and encourage infill deYel Dt»,m ent, A.6.2.1 Policy - On a continuing basis, the Community Development Code and the site plan approval process shall be utilized in promoting infill development and/or planned developments that are compatible. B.1.3.1 Policy -Requests for amendment to the Future Land Use Map will have an analysis of traffic impacts. B.1.4 Objective -The City shall specifically consider the existing and planned LOS the road network affected by a proposed development, when considering an amendment to the land use map, rezoning, subdivision plat, or site plan approval. C.1.1 Objective for Adequate Housing -Assure an adequate supply of housing in Clearwater by providing for additional new dwelling units in a variety of types, costs, and locations to meet the needs of the residents of the City of Clearwater. C.l.l.l Policy -Maintain sufficient residentially zoned acreage, of varying densities and locations, to accommodate the existing and future housing needs of the City of Clearwater. Community Development Board -February 16, 2010 -Case LUZ2009-12003 -Page 3 of I S Recommended Conclusions of Law Amending the Future Land Use Plan classification and zoning designation of the subject property will facilitate commercial and residential at an appropriate location within the City. The development of retail/commercial uses at the corner of Gulf-to-Bay Boulevard and South Belcher Road and attached dwellings along South Belcher Road and Druid Road are both consistent with the locational criteria specified in the Comprehensive Plan and is also consistent with and compatible with the surrounding environment. The neighborhood land uses include a variety of retail uses, vehicle sales uses and single family residential uses. The redevelopment of this site will promote infill redevelopment of what was a blighted site and provides opportunities for new residential development in an area of the City that has not had new housing in many years. Public transportation is available adjacent to the property, along both Gulf-to- Bay Boulevard and South Belcher Road, which will provide access to both the residents of the proposed attached dwellings as well as patrons and employees of the proposed commercial development. The applicant has provided a traffic study that utilizes a methodology developed jointly with City staff and has been reviewed by Pinellas County and the Florida Department of Transportation. In order to mitigate potential traffic impacts the developer will be obligated to construct a variety of improvements adjacent to the site as well as to dedicate land to the City for right-of--way purposes (see Sufficiency of Public Facilities section as well as Case No. DVA2009-00005). The proposed plan amendment is not in conflict with any Clearwater Comprehensive Plan Goals, Objectives or Policies, and is consistent with the Clearwater Comprehensive Plan. II. CONSISTENCY WITH COUNTYWIDE PLAN Recommended Findings of Fact The purpose of the proposed Residential/Office/Retail (R/O/R) category (proposed Parcel 1), as specified in Section 2.3.3.4.3 of the Countywide Rules, is to depict those areas of the County that are now developed, or appropriate to be developed, in residential, office and/or retail commercial use; and to recognize such areas as well suited for mixed-use of a residential/office/retail character consistent with the surrounding uses, transportation facilities and natural resource characteristics of such areas. This category is generally appropriate to locations where it would service as a transition from an urban activity center or more intensive nonresidential use to residential, office or public/semi-public use; and in areas where the size and scale of development will accommodate true mixed residential, office and retail use. These areas are typically in proximity to and served by the arterial and major thoroughfare highway network in and adjacent to activity centers where mixed-use development allows interaction between uses and encourages mass transit and non-vehicular trips. The purpose of the proposed Residential Medium (RM) category (proposed Parcel 2), as specified in Section 2.3.3.2.2 of the Countywide Rules, is to depict those areas of the County that are now developed, or appropriate to be developed, in a moderately intensive residential manner; and to recognize such areas as primarily well-suited for residential uses that are consistent with the urban qualities, transportation facilities and natural resource characteristics of such areas. The Residential Medium (RM) category is generally appropriate to locations within or in close Community Development Board -February 16, 2010 -Case LUZ2009-12003 -Page 4 of 15 proximity to urban activity centers; and in areas serving as a transition between less urban and more urban residential and mixed use areas. These areas are typically in close proximity to and may have direct access from the arterial and thoroughfare highway network. The site is situated at a major commercial intersection within the City. Retail and commercial uses characterize the immediate area. Such uses are located on Gulf-to-Bay Boulevard (Albertson's grocery and CVS) and South Belcher Road (Gulf to Bay Plaza, including Publix). This site is also located in close proximity to property developed with residential uses with allowable densities ranging between 7.5 units per acre to 15 units per acre. The proposed use of 90,000 square feet of retail/commercial uses on proposed Parcel 1 is consistent with the purposes of the Residential/Office/Retail (R/O/R) category which permits retail development at a 0.40 floor area ratio. The proposed use of 243 attached dwelling units on proposed Parcel 2 is consistent with the purposes of the Residential Medium (RM) category which permits attached dwellings up to 15 dwelling units. The site is also located within a segment of South Belcher Road that has been designated a Scenic/Non-commercial Corridor and classified as an Enhancement Connector according to Section 4.2.7.1.3 of the Countywide Rules. Enhancement Connectors are areas characterized by an existing or evolving pattern of land uses that are not exclusively non-commercial, including the respective plan categories within Residential, Mixed Use, and Commercial plan classifications shown on the Countywide Future Land Use Plan. The Scenic/Non-Commercial Corridor Element states that this subclassification may include roadway segments that would not otherwise qualify as a Scenic/Non-Commercial Corridor, but where it is appropriate to include such segments in order to provide continuity and interconnection of the corridor designation, as well as to encourage their visual and operational enhancement to compliment the larger corridor. The request to amend the land use plan category on proposed Parcel 1 to Residential/Office/Retail (R/O/R) is consistent with the applicable requirements of the ('oi~ntywide Plan R~11es Section 4:2:7:1:4; which allows a plan amendment to a nnn-rP.cidPntial use on a Scenic Non-Commercial Corridor if it is a logical in-fill, extension or terminus of an existing non-residential classification of an adjoining existing non-residential use, the amendment is considered in relationship to the existing delineation of surrounding categories, and the amendment is consistent with the purpose and intent of the Scenic/Non-Commercial Corridor Element. The Residential/Office/Retail (R/O/R) category is consistent with the adjacent properties' Commercial General (CG) designations, connecting two areas of commercial at the corner of Gulf-to-Bay Boulevard and South Belcher Road, consistent with surrounding land use patterns. Recommended Conclusions of Law The proposed plan amendment is consistent with the purpose and locational characteristics of the Countywide Plan as well as the additional regulations set forth pertaining to Scenic/Non- Commercial Corridors and the Scenic/Non-Commercial Corridor Element; therefore, the proposed amendment is consistent with the Countywide Plan. Community Development Board -February 16, 2010 -Case LUZ2009-12003 -Page 5 of 15 III. COMPATIBILITY WITH SURROUNDING PROPERTY/CHARACTER OF THE CITY & NEIGHBORHOOD [Section 4-602.F.2 and 3 and Section 4-603.F.3] Recommended Findings of Fact Uses located to the north of proposed Parcel 1 across Gulf-to-Bay Boulevard and to the east across South Belcher Road include a variety of retail sales and services. A vehicle sales and display use also abuts the proposed parcel's western boundary, and a small area of single-family residential uses are adjacent to the parking for the vehicle sales use. Single-family dwellings characterize the immediate area to the west of proposed Parcel Z and across Druid Road to the south. Uses east of proposed Parcel 2, across South Belcher Road, include office and retail. Commercial General (CG) and Residential/Office General (R/OG) future land use classifications exist to the north, east and west of the property. Residential Urban (RU) future land use classification is found to the south and west of the property. The proposed Future Land Use Plan and zoning designations will allow retail and residential development at a density and scale that is consistent with the existing commercial and residential development patterns in the vicinity of the site. The proposed Future Land Use Plan amendment and rezoning is compatible with the surrounding areas and will allow development that is in character with the surrounding area. Recommended Conclusions of Law The proposed Future Land Use Plan and zoning designations are in character with the overall Future Land Use Plan and zoning designations in the area. The Residential/Office/Retail (R/O/Rl filt~irP land i1~P rla~cifiCatinn req~iPStPd fnr prnpncPd ParrPl 1 ig rnmrnatihla with the surrounding Commercial General (CG) areas. The requested Residential Medium (RM) classification for proposed Parcel 2 is compatible with the surrounding Residential Urban (RU), Commercial General (CG), and Residential/Office General (R/OG) categories as it will provide an' appropriate transition from more intensive commercial uses to lower density residential areas to the south. The proposed Future Land Use Plan and zoning designations are compatible with surrounding uses and consistent with the character of the immediate surrounding area and neighborhood. IV. SUFFICIENCY OF PUBLIC FACILITIES [Section 4-602.F.6 and Section 4- 603.F.4] Recommended Findings of Fact As stated earlier, the overall subject site is approximately 30.07 acres in area and was formerly occupied by a 295-unit mobile home park, where 102 units were located on proposed Parcel 1 and 193 units were located on proposed Parcel 2. The site is currently vacant. The current future land use category of Residential Low Medium (RLM) and Mobile Home Park (MHP) zoning district permits residential dwellings at a density of 10 dwelling units per acre. The Residential/Office/Retail (R/O/R) Future Land Use Plan category permits residential dwellings at Community Development Board -February 16, 2010 -Case LUZ2009-12003 -Page 6 of 15 a density of 18 dwelling units per acre or retail and commercial uses at a 0.40 floor area ratio (FAR). Based on a maximum permitted development potential in the proposed Residential/Office/Retail (R/O/R) Future Land Use Plan, 209 dwelling units or a floor area of 202,763 square feet could be potentially constructed on proposed Parcel 1 (11.637 acres). The allowable development potential in the Residential Medium (RM) category requested for proposed Parcel 2 (18.435 acres) is 15 dwellings units per acre, which would allow 276 dwelling units to be constructed on this site. As stated earlier, the applicant is proposing to limit commercial development on proposed Parcel 1 to no more than 90,000 square feet and residential development on proposed Parcel 2 to 243 attached units (apartments) through a development agreement. For the purposes of this evaluation of impacts to public facilities, however, the most intensive use and density allowed is analyzed. Roadways The accepted methodology for reviewing the transportation impacts of the proposed plan amendment is based on the Pinellas Planning Council's (PPC) traffic generation guidelines. The PPC's traffic generation rates have been calculated for proposed Parcel 1 and Parcel 2 based on the existing and proposed Future Land Use Plan categories and is analyzed below. The subject site is proposed to have direct access to Gulf-to-Bay Boulevard, South Belcher Road and Druid Road. According to the traffic analysis submitted by the applicant and approved by the City's Engineering Department, potential traffic generation will be distributed among the three roadways in the following manner: 30% of the trips will be distributed to Gulf-to-Bay Boulevard; 47% of the trips will be distributed to South Belcher Road; and 20% of the trips will be distributed to Druid Road. The remaining 3% of the trips are expected to flow between the subject site and the shopping center located on the east side of the site, across South Belcher Road. The traffic analysis submitted by the applicant utilizes different segment beginnings and ends than those included within the Pinellas County Metropolitan Planning Organization (MPO) Level of Service (LOST Report; therefore; the following tab1P doPS not i~tili?e the trip di.ctrih~itinn percentages provided within the secondary analysis. The resulting figures assume that the net new trips generated would be distributed from only one access point onto one single adjacent segment, as opposed to distributed among the three adjacent roadways, thus presenting the maximum potential traffic to be generated on each segment by each proposed parcel and related land use change. Community Development Board -February 16, 2010 -Case LUZ2009-12003 -Page 7 of 15 MAXIMUM POTENTIAL TRAFFIC (Proposed Parcel 1-11.637 acres) Gulf-to-Bay Boulevard: Between Keene Current Existing Proposed Net New Road and Belcher Road Situation Planl Plane Tri s Maximum Daily Added Potential Trips N/A 780 3,945 3,165 Maximum PM Peak Hour Added Potential N/A 74 375 301 Tri s3 Volume of Gulf-to-Bay Boulevard from Keene 59,500 60,280 63,445 3,165 Road to Belcher Road LOS of Gulf-to-Bay Boulevard from Keene F F F F Road to Belcher Road Belcher Road: Between Nursery Road & Gulf-to-Ba Boulevard Maximum Daily Added Potential Trips N/A 780 3,945 3,165 Maximum PM Peak Hour Added Potential N/A 74 375 301 Tri s3 Volume of Belcher Road from Nursery Road 23,604 24,384 27,549 3,165 to Gulf-to-Ba Boulevard LOS of Belcher Road from Nursery Road to C C C C Gulf-to-Bay Boulevard N/A =Not Applicable LOS =Level-of-Service 1 =Based on PPC calculations of 67 trips per acre per day for the Residential Medium (RLM) Future Land Use Category. 2 =Based on PPC calculations of 339 trips per acre per day for the Commercial General (R/O/R) Future Land Use Category. 3 =Based on MPO K-factor of 0.095. Source: "The Rules" o the Coun rde Future Land Use Plan MAXIMUM POTENTIAL TRAFFIC (Proposed Parcel 2 -18.435 acres) Belcher Road: Between Nursery Road & Current Existing Proposed Net New Gulf-to-Ba Boulevard Situation Planl Plane Tri s Maximum Daily Added Potential Trips N/A 1;235 1;880 645 Maximum PM Peak Hour Added Potential N/A 117 179 61 Tri s3 Volume of Belcher Road from Nursery Road 23,604 24,839 25,484 645 to Gulf-to-Ba Boulevard LOS of Belcher Road from Nursery Road to Gulf-to-Bay Boulevard C C C C Druid Road: Between Belcher Road & Keene Road Maximum Daily Added Potential Trips N/A 1,235 1,880 645 Maximum PM Peak Hour Added Potential N/A 117 179 61 Tri s3 Volume of Belcher Road from Nursery Road 7,349 8,584 9 229 645 to Gulf-to-Ba Boulevard , LOS of Belcher Road from Nursery Road to Gulf-to-Bay Boulevard C C C C N/A =Not Applicable LOS =Level-of-Service 1 =Based on PPC calculations of 67 trips per acre per day for the Residential Medium (RLM) Future Land Use Category. 2 =Based on PPC calculations of 102 trips per acre per day For the Commercial General (RM) Future Land Use Category. 3 =Based on MPO K-factor of 0.095. Source: "The Rules" o(the Countywide Future Land Use Plan Community Development Board -February 16, 2010 -Case LUZ2009-12003 -Page 8 of IS Based on the 2009 Pinellas County Metropolitan Planning Organization (MPO) Level of Service (LOS) Report, the segment of Gulf-to-Bay Boulevard from Keene Road to Belcher Road has a LOS F, the segment of Belcher Road from Nursery Road to Gulf-to-Bay Road has a LOS C, and the segment of Druid Road from Belcher Road to Keene Road has a LOS D. The proposed Future Land Use Plan categories could generate an increase in PM Peak Hour traffic on these three roadway segments by as much as 301 trips. As required by the City's Comprehensive Plan, all affected roadway segments and intersections must maintain a LOS D. Any impacts generated by the proposed development degrading the LOS below the acceptable level will require mitigation at the expense of the applicant. Specific uses in the existing and proposed zoning districts have also been analyzed for the number of vehicle trips that could be generated based on the Institute of Transportation Engineer's Trip Generation 8th Edition. Community Development Board -February 16, 2010 -Case LUZ2009-12003 -Page 9 of 15 Existing MHP District/ RLM Maximum Future Land Use Development Plan Potential Former Mobile Home Park (MHP)1 (4.99 tri s/unit) 300 units4 1,497 N/A 0.60 180 N/A ., • ~,~r ~ _ o . ,., - _ , , ~,. .y~~~ . , ,.. ~;~. Proposed CDistrict / R/O/R Future Land Maximum Use Plan Development (Parcel l) Potential Shopping Center (42.94 tri s/1,000 sf fa) 202,763 sfs 8,707 7,210 3.73 756 576 Apartment Residential Units3 (6.65 tri s/unit 209 units6 1,390 -107 0.62 130 -50 Proposed MDR District / RM Future Maximum Land Use Plan Development (Parcel 2) Potential Apartment Residential Units3 (6.65 tri s/unit) 276 units 1,835 338 0.67 185 5 .,..,;,~ ..<<,~,~..~ .:. _ _ _. u - ,ter., . _ :. Permitter) TTce through Proposed Development Maximum Agreement Development (DVA2009-00005) Potential Proposed Parcel 1: Shopping Center2 (42.94 tri s/1,000 sf fa) 90,000 sf 3,865 N/A 3.73 336 N/A Proposed Parcel 2: Low-Rise Apartment Residential Units3 (6.65 tri s/unit) 243 units 1,616 N/A 0.62 151 N/A Total Trips 90,000 sf + (Parcel 1 + Parcel 2) 243 units 5,481 3,984 N/A 487 307 1 =Institute of Transportation Engineer's Trip Generation 8` Edition Land Use 240 2 =Institute of Transportation Engineer's Trip Generation 8"' Edition Land Use 820 3 =Institute of Transportation Engineer's Trip Generation 8`h Edition Land Use 220 4 =Total Dwelling units per acre permitted by the underlying RLM Future Land Use Plan category is 10 units per acre. 5 =Total gross floor area ratio permitted by the underlying R10/R Future Land Use Plan category is 0.40. 6 =Total dwelling units per acre permitted by the underlying R/O/R Future Land Use Plan category is 18 units per acre. 7 =Total Dwelling units per acre permitted by the underlying RM Future Land Use Plan category is 15 units per acre. Community Development Board -February 16, 2010 -Case LUZ2009-12003 -Page ] 0 of 15 A traffic analysis was prepared by the applicant based on a methodology approved by the City's Engineering Department fora 92,500 square foot shopping center on proposed Parcel 1 and 260 units on proposed Parcel 2. Since the time the study was prepared, the applicant's development agreement proposal has further restricted development potential to 90,000 square feet of retail/commercial use and 243 attached dwellings. The findings of the study indicate that the proposed development will result in a total of 236 net new PM Peak Hour trips distributed over three roadways. All intersections analyzed are projected to operate at acceptable levels of service (not below a D) with the exception of Gulf-to-Bay Boulevard at Belcher Road, which currently operates at a Level of Service E. This intersection is projected to continue to operate at a LOS E by 2020. Based on the findings of the traffic study and through discussions with the City, Pinellas County and the Florida Department of Transportation, the following improvements will be required to mitigate the traffic impacts. • Dedication of approximately 0.09 acre of right-of--way for an eastbound right turn only lane on S.R. 60; • Construction of the Parcel 1 project driveway located on S.R. 60 across from South Main Avenue with right turn in, right turn out, and left turn in only movements; • Installation of a directional median separator on S.R. 60 between South Main Avenue and the Parcel 1 project driveway such as to prohibit left turns exiting Parcel 1 and left turns exiting South Main Avenue; • Construction of left turn modifications to the median of S.R. 60 located between South Main Avenue and Belcher Road; • Construction of a southbound right turn only lane on Belcher Road between S.R. 60 and the Parcel 1 project entrance; • Installation of a new mast arm traffic signal on Belcher Road at the Parcel 1 project entrance with pedestrian signals at all four legs of the intersection; • Granting of an easement, in favor of the City, for the purpose of installation and maintenance of signal control equipment to be located at the southwest corner of the intersection oft3elcher Road and the project drive/Publix entrance; and • Construction of three Parcel 2 project entrance driveways on Druid Road. It should be noted that the applicant proposed to construct the right turn lane along the south side of Gulf to Bay Boulevard (SR 60). Upon review by the Florida Department of Transportation staff, it was determined that traffic signals at this intersection should be replaced with mast arm signals when the turning lane is added. At present there is insufficient space within the existing right-of--way on the north side of Gulf to Bay Boulevard to accommodate such new mast arm poles; therefore, the applicant is dedicating land to be used in the future when additional right-of- way is obtained on the north side of the intersection. Once the turning lane is constructed the volume to capacity ratio (V/C ratio) will decrease from the projected 1.06 to 1.0, and the delay will decrease from a projected 70.7 seconds per vehicle to 63.6 seconds per vehicle. Mass Transit The Citywide LOS for mass transit will not be affected by the proposed plan amendment. The total miles of fixed route service will not change. The subject site is located directly between two existing transit routes along Gulf-to-Bay Boulevard (north) and South Belcher Road (east). Community Development Board -February 16, 2010 -Case LUZ2009-12003 -Page 11 of 15 Water The current Future Land Use Plan category could use up to 78,300 gallons per day. Under the proposed Future Land Use Plan categories, water demand could approach approximately 126,294 gallons per day. The City of Clearwater Engineering Department has confirmed, however, that the increase will not negatively affect the City's current LOS for water. Wastewater The current Future Land Use Plan category could produce up to 70,500 gallons per day. Under the proposed Future Land Use Plan categories, sewer demand could approach approximately 113,665 gallons per day. The City of Clearwater Engineering Department has confirmed that the proposed land use will not negatively affect the City's current LOS for wastewater. Solid Waste The current Future Land Use Plan category could result in the production of 762 tons of solid waste per year. Under the proposed Future Land Use Plan categories, the development of a shopping center on proposed Parcel 1 and the maximum development of 276 dwelling units on proposed Parcel 2 could generate 1,440 tons of solid waste per year. The proposed Future Land Use Plan amendment will not negatively affect the City's current LOS for solid waste disposal. Recreation and Open Space The proposed future land use plan and zoning designations will permit the development of up to 485 dwelling units if both proposed Parcels 1 and 2 are developed entirely as residential use; however, the use of the site is proposed to be limited to commercial development on proposed Parcel 1 of up to 90;00 s4,tiare feet and residential development on proposed ParcPi 7, of 243 attached units (apartments) per a development agreement (Case No. DVA2009-00005). The proposed land use plan amendment and rezoning will not negatively impact the LOS of recreational acreage or facilities due to available capacity. Payment of an Open Space, Recreation Land and Recreation Facility impact fee will be required. The amount of this fee is dependent on the actual number of units developed and will be addressed and paid prior to the issuance of a building permit. Public School Facilities Based on factors established by the Pinellas County School Board, the current Residential Low Medium (RLM) plan category (maximum of 300 residential units) could generate the following number of students. Elementary School: 0.15 students per unit x 300 units = 45 students Middle School: 0.07 students per unit x 300 units = 21 students High School: 0.10 students per unit x 300 units = 30 students TOTAL = 96 students Community Development Board -February 16, 2010 -Case LUZ2009-12003 -Page 12 of 15 Even though the use of the site is proposed to be restricted to 243 residential units pursuant to a development agreement (in addition to commercial uses), the maximum residential development (209 units on Parcel 1 and 276 on Parcel 2) could generate the following number of students. Elementary School: 0.15 students per unit x 485 units = 72 students Middle School: 0.07 students per unit x 485 units = 34 students High School: 0.10 students per unit x 485 units = 49 students TOTAL = 155 students An increase of 59 students could occur as a result of the proposed Future Land Use Plan amendment. The subject property is located within Concurrency Service Area (CSA) C for elementary and middle schools. According to enrollment and capacity data from the Pinellas County School District, there is available capacity within both CSA C and the high school CSA to accommodate the potential additional students. Recommended Conclusions of Law Based upon the findings of fact, it has been determined that the traffic generated by this plan amendment can be mitigated so as not to degrade the existing LOS to the adjacent roads. Further, there is a minimal impact to water, wastewater, and solid waste service as each has adequate capacity to serve the maximum potential increase in demand generated by this proposed amendment. Open space and recreation facilities, school capacity and mass transit will not be negatively affected by the proposed future land use plan amendment. V. IMPACT ON NATURAL ENVIRONMENT [Section 4-603.F.5.] Recommended of Findings of Fact No wetlands appear to be located on the subject site. Prior to development of this property, site plan approval will be required. At that time, tree preservation requirements will be addressed and the stormwater management system will be required to meet all City and Southwest Florida Water Management District (SWFWMD) stormwater management criteria. Recommended Conclusions of Law Based on current information, no wetlands appear to be located on the subject site. Any redevelopment would require compliance with the City's tree preservation and storm water management requirements. VI. LOCATION OF DISTRICT BOUNDARIES [Section 4-602.F.6.] Recommended Findings of Fact Due to the commercial nature of the immediate vicinity along Gulf-to-Bay Boulevard, the location of the proposed Commercial (C) boundaries (proposed Parcel 1) at the southwest corner of Gulf-to-Bay Boulevard and South Belcher Road is logical and an appropriate classification. It will be consistent with the existing Commercial (C) District to the west, north and east, and compatible with the Medium Density Residential (MDR) and Low Medium Density Residential Community Development Board -February 16, 2010 -Case LUZ2009-12003 -Page 13 of 15 (LMDR) Districts to the west and the proposed Medium Density Residential (MDR) District to the south. The district boundaries are appropriately drawn in regard to location and classifications of streets, ownership lines and existing improvements. The location of the proposed Medium Density Residential (MDR) boundaries (proposed Parcel 2) is also logical and an appropriate classification. The proposed boundaries will provide a transitional buffer between the single-family area to the west and south and the commercial areas to the north and east. It will be consistent with the adjacent Medium Density Residential (MDR) District to the west and compatible with the Low Medium Density Residential (LMDR) District to the west and south. The district boundaries are appropriately drawn in regard to location and classifications of streets, ownership lines and existing improvements. Recommended Conclusions of Law The district boundaries are appropriately drawn in regard to location and classifications of streets, ownership lines, existing improvements and the natural environment. SUMMARY AND RECOMMENDATIONS An amendment of the Future Land Use Plan from the Residential Low Medium (RLM) classification to the Residential/Office/Retail (R/O/R) and Residential Medium (RM) classifications for the subject site and rezoning from the Mobile Home Park (MHP) District to the Commercial (C) and Medium Density Residential (MDR) Districts is requested. The proposed site is currently vacant. This 30.07-acre site exceeds the minimum requirements for the proposed use of the property for commercial and residential development. The site is surrounded by single-family residential dwellings to the south and west and a variety of non-residential uses to the east and north. The proposed future land use plan amendment and rezoning is compatible with the existing neighborhood. The use and density of this property is proposed to be limited through a companion development agreement application (Case No. DVA2009-00005). The proposed Residential/Office/Retail (R/O/R) and Residential Medium (RM) Future Land Use Plan classifications and Commercial (C) and Medium Density Residential (MDR) zoning districts are consistent with both the City and the Countywide Comprehensive Plans, are compatible with the surrounding area, do not degrade public services below acceptable levels with the proposed traffic mitigations, are compatible with the natural environment and are consistent with the development regulations of the City. Approval of this land use plan amendment does not guarantee the right to develop on the subject property. Transportation concurrency must be met, and the property owner will have to comply with all laws and ordinances in effect at the time development permits are requested. Based on the above analysis, the Planning Department recommends the following actions on the request: Community Development Board -February 16, 2010 -Case LUZ2009-12003 -Page 14 of 15 ACTION: a) Recommend APPROVAL of the Future Land Use Plan amendment from the Residential Low Medium (RLM) Classification to the Residential/Office/Retail (R/O/R) and Residential Medium (RM) Classifications; and b) Recommend APPROVAL of the rezoning from the Mobile Home Park (MHP) District to the Commercial (C) and Medium Density Residential (MDR) Districts. Prepared by Planning Department staff: Attachments: Resume Application Location Map Aerial Photograph of Site and Vicinity Future Land Use Plan Map Zoning Map Existing Surrounding Land Use Map Site Photographs Lauren Matzke, Planner III Community Development Board -February 16, 2010 -Case LUZ2009- (2003 -Page 15 of 15 Gina L. Clayton 100 South Myrtle Avenue Clearwater, Florida 33756 727-562-4587 ~ina.clayton c~,myclearwater.com PROFESSIONAL EXPERIENCE • Assistant Planning Director City of Clearwater Apri12005 to present Responsible for assisting the Planning Director in directing the day-to-day planning and zoning operations including the supervision of the Long Range Planning Manager and Development Review Manager. Serve as staff the Community Development Board and City Council. • Long Range Planning Manager City of Clearwater 2001 to 2005 Responsible for numerous aspects of the Growth Management Act of Florida such as comprehensive planning, Future Land Use Plan amendments, rezoning, and annexations. Supervise long range planning staff. Serve as staff to the Community Development Board and present long range cases/issues to the City Council. Responsible for the preparation of special area plans and the site plan review process within the Downtown Plan area. Serve as the city's representative on countywide and regional planning agency committees. • Senior Planner City of Clearwater 1999 to 2001 Responsible for various long rang planning projects/studies including the preparation of major amendments to the Community Development Code, updates of special area plans, and the development of neighborhood plans and test amendments to the Comprehensive Plan. Served as staff to the Community Develop Board, presented projects to the City Council and served as the city's representative on the Pinellas Planning Council's Planners Advisory Committee. • Community Development Director City of Indian Rocks Beach 1997 to 1999 Responsible for the administration of the city's planning, building and code enforcement functions. Served as staff to the City Commission, Planning and Zoning Board and Board of Adjustments and Appeals. Administered the land development regulations, processed future land use plan amendments and rezonings. Prepared numerous amendments to the land development code and conducted special planning studies. Responsible for the administration of the Community Rating System and the flood regulations. Served as the city's representative on countywide and regional planning agency committees. • Planner City of Solon, OH 1993 to 1996 Responsible for drafting significant portions of a new zoning code. Drafted a new sign ordinance and new driveway regulations. Prepared proposal for CDBG funding for downtown streetscape project and prepared requests for proposals for master land use plan and master recreation plan. • City Planner City of Avon Lake, OH 1991 to 1993 Responsible for the administration of the planning functions of the City. Served as staff to the City Council and Secretary to the Planning Commission. Administered subdivision regulations and zoning code. Updated planning documents including the Future Land Use Plan and the Comprehensive Park and Recreation Plan. Revised sections of the Avon Lake Subdivision Regulations and zoning code. • Zoning Administrator City of Cleveland Heights, OH 1988 to 1991 Responsible for administering the zoning code which included the preparation of all research, agendas, legal notices, action sheets and resolutions related to variance and special exception requests. Presented zoning cases to the Board of Zoning Appeals, Planning Commission, Board of Control and City Council. Supervised zoning secretary and intern. General Development Planner City of Cleveland Heights, OH 1987 to 1988 Responsible for preparing the City's first Strategic Development Plan. Compiled and analyzed demographic, housing, economic and land use data. Developed techniques for citizen participation and effective input from the Planning Commission in the strategic planning process. Conducted research on various issues including poverty, historic preservation and residential and commercial code enforcement methods. EDUCATION Master's Degree in Urban and Regional Planning, Virginia Polytechnic Institute and State University, 1986 Bachelor of Arts in History with a minor in Community Planning, Appalachian State University, 1984 PROFESSIONAL MEMBERSHIPS & ACTIVITIES American Planning Association, 1987 -Present Florida Planning Association, 1997 -Present Ohio Planning Conference (OPC), a Chapter of the American Planning Association, 1987-1996 Co-Director, Cleveland Section of OPC, 1994-1996 Chair of Annual Zoning Workshop, Cleveland Section of OPC, 1994 and 1995. Coordinator and Moderator, "The Basics of Zoning and the Tools for Managing Change," 1995 Speaker, "Job of the Zoning Administrator," 1994 Resume Lauren Matzke, AICP 100 South Myrtle Avenue Clearwater, FL 33756 727-562-4547 Lauren.matzke(a~myclearwater.com PROFESSIONAL EXPERIENCE • Planner III • Planner II City of Clearwater October 2008 to present September 2008 to October 2008 Responsible for numerous aspects of the Growth Management Act of Florida such as comprehensive planning, Future Land Use Plan amendments, rezonings, and annexations. Update Community Development Codes by Ordinance. Prepare staff reports for the City Council and Community Development Board. Responsible for providing informational assistance to the public and developers concerning development plans. General planning for development and redevelopment. • Senior Planner City of St. Pete Beach, FL February 2007 to September 2008 Implemented new legislative directives for Florida's growth management laws related to gpyernmentc' comprehensive planning and land development regulations. Served as staff to the City Commission, Planning Board and Historic Preservation Board. Administered the land development regulations, processed future land use plan amendments and rezonings. Prepared a special area plan for the commercial district within the City's Historic District. Served as the city's representative on countywide and regional planning agency committees. Authored the City's Evaluation and Appraisal Report. Maintained the Certified Local Government requirements for the historic preservation program. • Environmental Specialist III August 2005 to February 2007 Florida Department of Environmental Protection Tallahassee, FL Served as primary reviewer of local government comprehensive plan amendments, sector plans and evaluation and appraisal reports for the northwest region of Florida. Provided comments and recommendations to the Florida Department of Community Affairs. Drafted policies and comprehensive plan language regarding natural resource protection, assisting local government representatives. Served as the Department's representative on thr Rural Economic Development Initiative (REDI) and numerous springs protection working groups. Planner Florida Planning and Development Lab Tallahassee, FL August 2006 to December 2006 Comprehensive Plan update for the Town of St. Lucie Village, Florida. Amended the Town's Comprehensive Plan, including Goals, Objectives and Policies and Data and Analysis to bring into compliance with all changes to Florida Statutes since 1993. Performed land suitability analysis utilizing GIS to guide amendments to the Future Land Use Map. Created a complete and updated Map Series using best available data for all Elements. • Planning Intern Glatting Jackson Orlando, FL June 2005 to August 2005 Case study research and reports on transit oriented developments for City of Charlotte, NC. Identification of stakeholders for community involvement portion of transportation project. Participated in iterative design process at community and client meetings in Pennsylvania for traffic corridor redesign project. EDUCATION Master's Degree in Urban and Regional Planning, Florida State University, 2006 Bachelor of Science in Design and Environmental Analysis, concentration in Gerontology, Cornell University, 1988 LICENSES AND ASSOCIATION MEMBERSHIPS American Institute of Certified Planners (2009 to Present) American Planning Association (2003 to Present) Florida Chapter (2003 to 2005) New York Metro Chapter (2005 to Present) LUZ2009-12003 Please see site photo's located with case FLD2009-12045 2165 GULF TO BAY B LV D a o [~..:.a..,:;. ~.~: .~ . ¢ ~. w ~ ~ w , • • • • F . L~~ ..'• • : ~ a .' •~: •~; ? . •. . _ .. ^ ~ ~ Z ~ c=i Z ~ ~ ...NA~... Q 2 U ~ ~ Z Q WHITh9AN ST pR Z ~ c~titELU~. •-• PROJECT p CHAUCER ST ~ SHELLEY Si OORNELL ~+ITE J ~ 4 L Q J SR-60 GULF-TO-BAY BLVD OGERS p ~~ ~~ I 1 I ~ ~ m ~ NORLSIO C9R W ~".a'. ~~. ~,,) ~ - ~ '~ ) Q ° SDRUIG dR m it ,~ - - ~ D~ z ^ ^ ~ CROYDON KENMOORE ^ ^ ~ ~ rr CAMPUS ~ >- ACADEMY ~ ~ JAFFA PL co 6ASCOt~1 Y"dAY l ........ . ~J ~~: ~='-:•' ::.:'~~:!: C ~~ ~:~ t-~~'::•::: .;; :': ^ ~ 1 1• • ... .. ~ N > ~~ v MAGNOLIA ~ ~ COLLEGE pR ~~ z pR c GROVEWOOD ~ . w RD o ..RD -. DR ~ ~ w ~ RIPON pR z } ~ ~ UNIVE RS DR ~ ~ ~~ ~ O p Z ~ m ST U ~ Z O ~ UNIVERSITY 6R S MINNEOLA RD c r--.~~ - -.-..) .~ Location Map Owners: Nickel Plate Properties, Inc. Lakeside Enter rises, L.L.C. Case: LUZ2009-12003 Site: 2165 Gulf-to-Bay Boulevard Property Size(Acres): 30.07 Land Use Zoning ~ 13-29-15-00000-410-0100, 13-29-15-00000-410-0200 PIN: , From : RLM MHP 8~ 13-29-15-00000-410-0300 To: R/O/R 8~ RM C 8~ MDR Atlas Page: 2988 S:\Planning Department\C D B\Land Use AmendmentsU.,UZ 2009\LUZ2009-12003 - 2165 Gulf to Bay Blvd -Nickel Plate Properties, IncUvlaps\LUZ2009-12003 Location Map.doc ~~ c°v c°v c°v 3 403 1 407 ~ 409 e i' 411 rY, y lLl a Q z z Q MHP WON~f ~~~,~, NNR N 7 O Q C z ~ ~ ° "' N N , ww ~ v/ I''-AA v! '^ V R ^ N O N _ 7 ~ O ~ N N GU -TO-B BLVD iyiyiy fff"` GULF-TO-BAY BLVD r ^ N M r N '~ `1 N N N N H N N t ^ 511 520 519 ~ C ~ 525 52 525 52 529 ~ ~ 533 ~ o ro ~ 529 N N N • o, N N N 601 m ~ MDR N o N o 655 , N O O N N 93 o 0 N N N n N O O N N ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ O 715 N N ~p N 80 803 O N O ~ ~D er N N ~ a N N N N N O n u~ J/-~C/' N N N 8O 0 Zoning Map Owners: Nickel Plate Properties, Inc. Case: LUZ2009-12003 Lakeside Enter rises, L.L.C. Site: 2165 Gulf-to-Bay Boulevard Property 30.07 Size(Acres): Land Use Zoning 13-29-15-00000-410-0100, 13-29 -15-00000-410 0200 PIN : - , From : RLM MHP ~` 13-29-15-00000-410-0300 To: R/O/R 8~ RM C 8~ MHDR Atlas Page: 298B S:\Planning Department\C D B\Land Use Amendments\LUZ 2009\LUZ2009-12003 - 2165 Gulf to Bay Blvd -Nickel Plate Properties, Inc\MapsU.UZ2009-12003 Zoning.docx N e a t e s t~ 6 .7 411 a ~ ®W ~ ~ Q ~ R ~ ° o ~'~-' z z ' Vacant Shopping Q ~~p ~I~ e Z y Grocery ,a - Store _ t ~ C c Q Center 0 N Sure e z M IJ~ ~ ~ r N M N a ewer N «. zSV N n N N L -BA D e GULF-TO-BAY BLVD N `~ ^ ^ N ' '. ' as ~ ~, ..ve N zN N RV N sh " : M Aut ' ~~ e p ~ 51 ' Sho m " pp ~ 9- 5 Center with 9 9 `~ 3 r ~ o acant ~ Grocery 525 ---- -- -- ~ _ 11 Sin ,_ ,.o Store 533 Fa 13 a s 529 s ~ N o IRe tia ^ N N s 601 ~ 3 Bank 1 PHASE r - ---i 5 zeso J ~ b ~ 65 PHASE ~ a. ~ e ~ R1 Vacant Funeral m PHASE d S ps~ilome p 0~ B Q N N "p PHASE I hA 1B' tf• h 6 " e N $ Offi e N N N N ^ ^ ^ ^^^^^^^^^^^^^^^^^^^^^^^^^ ~a~15 a DRUID RD ,,, g ,a e r O c r O N n z t N zs / g ~• /9 ^a tz N to ~ l~ P\ ~7 toe p toe toy toe ' ^ ' A m 803 N N N N N N N N ryw to ,~0 AO N N s e CAMPUS DR ti° Existing Surrounding Uses Map Owners: Nickel Plate Properties, Inc. Case: LUZ2009-12003 Lakeside Enter rises, L.L.C. Site: 2165 Gulf-to-Bay Boulevard Property Size~Acres): 30.07 Land Use Zoning 13-29-15-00000-410-0100, 13-29-15-00000-410-0200 Pf N: , From : RLM MHP ~` 1 3-29-1 5-00000-4 1 0-0300 To: R/O/R 8~ RM C 8~ MDR Atlas Page: 298B S:\Planning DeparUnent\C D BU,and Use Amendments\LUZ 2009\LUZ2009-12003 - 2165 Gulf to Bay Blvd -Nickel Plate Properties, Inc\Maps\I,UZ2009-12003 Existing Surrounding Uses.docx NNNNN N O O CG N O CGN O O G aD O o N O- " ~ N N ~ N O 5p, N e C y tl GULF-TO-BAY BLVD ~ z N N N N CG `r R N N ~O N ' 511 ~ CG 520 519 CG R/O/R 5 525 5 529 533 N N N N 0 N N N N N N " N N N N N ~ N Ri ~ 655 N N N " N N N N RM N ~ 693 N N N N N N N N N n N O O N N G ~~~~Yq~~~~~A~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~\~~^ 715 DRUID RD Q 801 N N N O ~ N ~ ~ " " N ^p N $O O 805 80 803 N ~' ~' `~ `~ ~+ ry~ ~ 80 8 1~ W ti 809 80 809 v 0ti 80 Z $ N N N N N N N N ~1 811 81 811 2~~3 ~~ r~1 80 J W 815 8 81 8 o a'u N M °v ~ N ~ ~ O ,,mww v! 81 N N N N N N N ~ N sot sot N ry1~° tit CA DR Future Land Use Map Owners: Nickel Plate Properties, Inc. Case: LUZ2009-12003 Lakeside Enter rises, L.L.C. Site: 2165 Gulf-to-Bay Boulevard Property 30.07 Size(Acres): Land Use Zoning 1 3-29-1 5-00000-4 1 0-0 1 00, 13-29-15-00000-410-0200 PIN: , From : RLM MHP ~` 13-29-15-00000-410-0300 To: R/O/R & RM C & MDR Atlas Page: 2988 S:\Planning Department\C D B\Land Use Amendments\LUZ 2009\LUZ2009-12003 - 2165 Gulf to Bay Blvd -Nickel Plate Properties, Inc\Maps\LUZ2009-12003 Future Land Use Map.doc t~'+7 ~ r _~ ~:!I i~ ~~ ~ ~~~. ~ ' ~~ • ~''~ ~ R.1 d s ~, ~~ r r ~~ka , .~ o ~ ~ ~~ ~' ~ Rl ~~ ti , ~~~, ,' ~ ~: ~a~ yam- ;r - T - ~ f, f"~ `x,, +. ~ r f < ~ '~~ ~ ~f .. •/: ~ #' . , <~ } a ~ °~ ~ ~~ ~ + ~; r ~~~ rr '~lE ~ ~ " f' ~~~' ~ ,~,~'' ~~ ' ~ ~ s , ' ~. ~~,.- , , .. . c '~ ~ ~~ Aerial Map Owners: Nickel Plate Properties, Inc. Lakeside Enter rises, L.L.C. Site: 2165 Gulf-fo-Bay Boulevard Land Use Zoning From : RLM MHP To: R/O/R 8~ RM C 8~ MDR 1 Case: LUZ2009-12003 Property 30.07 Size(Acres): 13-29-15-00000-410-0100, PIN: 13-29-15-00000-410-0200, 13-29-15-00000-410-0300 Atlas Page: 2986 S:\Planning Department\C D B\Land Use Amendments\LUZ 2009\LUZ2009-12003 - 2165 Gulf to Bay Blvd -Nickel Plate Properties, Inc\Maps\LUZ2009-12003 Aerial Map.doc CITY OF CLEARWATER APPLICATION FOR ZONING ATLAS AMENDMENT PLANNING DEPARTMENT MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, 2`~ FLOOR PHONE (727) 562-4567 FAX (727) 562-4576 APPLICANT, PROPERTY OWNERS, AND AGENT INFORMATION: APPLICANT NAME: ~~~ PLATE PROPERTIES,-INC., a Florida corporation MAILING ADDRESS: 1414 West Swann, Suite 15~, Tama, FL 33606 PHONE NUMBER: 813-579-2014 FAX NUMBER: 813-835-4197 PROPERTY OWNERS: NICKIsI, PLATE PROPERTIES, INC.. , a Florida corporation (List all owners) LAKESIDE ENTERPRISES, L.L.C. , a Florida corporation E. D. Armstrong III,- Esquire and AGENT NAME: Johnson, Pope, Bokor, Ruppel & Burns, LLP MAILING ADDRESS: 11 Ch _ n ~ rPet,~learwater, FL 33756 PHONE NUMBER: 727-461-1818 FAX NUMBER: 727-462-0365 SITE INFORMATION: LOCATION: Southwest Corner of (~.ilf-to-Bay Boulevard and Belcher Road STREET ADDRESS: 21-65 ~~-to-~Y Boulevard LEGAL DESCRIPTION: See Schedule A attached. . PARCEL NUMBER: 13-29-15-00000-410-0100 and 13-29-15-00000-410-0200 EXISTING ZONING: Nbblle Hor{rle Park (MEIP) Current Land Use: Residential Low Med. PROPOSED ZONING:- Parcel 1: Co>:rmerclal.(C) Parcel 2: Medium Density RESldentlal LAND USE PLAN CLASSIFICATION: Parcel l: ROR (Proposed) Parcel 2: Resdential Medium (RM} SIZE OF SITE: 3Q • 07 acres (Parcel 1:11.6371. acres) (Parcel 2 : 18.435 acres) REASON FOR REQUESTS Schedule B attached. I, the undersigned, acknowledge that all representations made in this application are true and accurate to the best of my knowledge. -~~ ~~ Signature of property owner or representative E. D. Armstrong III, Esquire STATE OF FLORIDA, COUNTY OF PINELLAS Swom to and subscribed before me this DI1` day of November . A.D., 1~ to me and/or by E. D. Artnstrong III .who is personally known I~ ~; ~~. ~, No ry publ , my commission expires: ~;; JAYNE E. SEARS :; ~ :.~ Commission # DD 907040 ~ Expires September 2, 2013 __ ,;,, ~ Bon'leOThuTmyFaink~rxioe800-3657019 Page 1 of 2 ~.. CITY OF CLEARWATER ~~!~ a AFFIDAVIT TO AUTHORIZE AGENT y oQ° PLANNING & DEVELOPMENT SERVICES ADMINISTRATION ~~' MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, 2nd FLOOR PHONE (727)-562-4567 FAX (727) 562-4576 NICKEL pTATF. pRQPERTIFS, INC., a Florida corporation (Name of aB properly owners) 1. That (I am/we are) the owner(s) and record title holder(s) of the following described property: 2165 Gulf-to-Bay Boulevard Parcel 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 ~lenc~.nt, development agreelrent application, flexible development application and residential infill application. (Nature of request) .,, 3. That the undersigned (has/have) appointed and (does/do) appoint E. D. Armstrong, III, F.sc~~e, and Johnson, Pope, Bokor, Rappel & Burns, LLP as (his/their) agent(s) to execute any 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 (1/we), the undersigned authority, hereby certify that the foregoing is true and correct. NICKEL PRDPERT , INC. Pro r Property ner ~~.~ B. Ingersoll STATE OF FLORIDA, PreSlderit COUNTY OF PINEI.LAS Before me the and rr~~~~ggrr~~ed, an officer duly commissio by the laws of the St s,o~ Florida, on this ~ ~~~ day of NOVesitber ~UUypersonaly appeared ~~~ B. 1ri9er50~1 who having been first duly sworn deposes and says that he/she fully understands the contents of the affidavit that he/she sgned. *as President of Nickel Plate ,,PP Properties, Inc.., a Florida C., corporation, on behalf of -the Notary Public My Commissign F~cpires: corporation ,,„.y. ,,.. ~'t. JAYNE E. SEARS :~ ~ ::~ .Commission # DD 907040 S: application forms/development reviewlAfrxlavit to Authorize Agent ~'" ExplreS Sept2fnt>Lr 2, 2013 d;.~ p~,,;.. eonaean.uTmyFaa,mwrxw.eooaesrws ~., CITY OF CLEARWATER ~~!~ a AFFIDAVIT TO AUTHORIZE AGENT y = ~ PLANNING & DEVELOPMENT SERVICES ADMIlVISTRATION ~l~a.~`' MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, 2nd FLOOR PHONE (727)-562-4567 FAX (727) 562-4576 LAKESIDE E~TI~RPRISES, L.L.C., a Florida limited liability company (Name of all property owners) 1. That (I am/we are) the owner(s) and record title holder(s) of the following described property: Parcel No. 13-29-15-00000-410-0200 13-29-15-00000-410-0300 (Addressor General Logtion) 2. That this property constitutes the property for which a request fora: Rezoning, land use plan amenc~nt; development agreement application,- flexible develo~arient applicati~ and residential infill application. (Nature of request) 3. That the undersigned (has/have) appointed and (does/do) appoint E. D. Armstrong III, Esquire, and Johnson, Pope, Bokor, Koppel & Burns, LLP as (his/tryeir) agent(s) to execute any petitions oc 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. LAKESID RISES L.L.C. Property. Property n drESa .Ingersoll STATE OF FLORIDA, Manager COUNTY OF PINELLAS Before me the un ggr~~gned, an officer duy Comm1ssi ed by$~e I of the S;a;ey~of Florida, on this d /'L~- :day of NOr ~UUy personally appeared ~~'~ D• ~ger'S611 who having been-first duy sworn deposes and says that he/she fully understands the contents of the affidavit that he/she signed. *as Manager of Lakeside Enterprises, L.L.C., a ~, Florida limited liability Notary Public My Commission Expirgs: , ~~ of tYle oornpany, on beCl °"'~' "% JAYNE E. SEARS y ~~ .. Commission # DD 907040 S: application forms/development review/Affidavit to Authorize Agent ~.\ EXpIreS September 2, 2013 ''~~' ,°,F~ 9adedTtntTroyFaartikgigerKS8pa38B.701i Disclosax'e of Interest Nickel Plate Properties, Inc. Officer: Andrew B. Ingersoll, President Directors: Noel V. Bourdin Eli B. Dubrow Katherine Schreiber .David Sexton John D. Goodkind Beneficial Owner: Grace C. Berquist Trust There are currently no existing contracts or options to purchase the property. Disclosure of Interest Lakeside Enterprises, L.L.C. Manager: Andrew B. Ingersoll Beneficial Owner: Grace C. Berquist Trust There are currently no existing contracts or options to purchase the property. SCf~DULE A Page 1 of 4 n. nn...... - 0..~L.nnn J: \S'L9\Uata \uwgs \~a\~~ns~~ I.VMMCn Vin,__~..~.....y ...~. ..... -_._ - ._-____.. THIS IS ,1~I A SURVEY HERE MAY BE ADDITIONAL RESTRICTIONS AFFECTING THIS PROPERTY THAT AY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY. IS LEGAL DESCRIPTION AND SKETCH WAS PREPARED WITHOUT THE BENEFIT F A TITLE POLICY. BEARINGS ARE BASED UPON: SEE SKETCH AND LEGAL DESCRIPTION LEGAL DESCR I PT i ON: PARC~.T~ 1 A paroel of land being a portion of the Northeast I/4 of the Southeasl I/4 of Section 13, Township ll ows; 29 South, Range 15 Eaat, Plnellae County, Florida, being more particularly described ae fo COMMENCE at the Northeast corner of the Northeast i/4 of the Southeast I/4 of Seotlon 13, Township the Eost Ilne of acid alon 0°09'08"E S g , 0 29 South, Range 15 East, Plnellae County, Florida; thence 13 (being the bolls of bearings for this legoi ti S on ec Northeast i/4 of the Southeast I/4 of for 667.81 feet to the point of inleraection with an Easterly extenalon of the Weat deacript(on) bli , c Right-of-Way Ilne of BELCHER ROAD, occording to Ottlolal Records Book 4564, Paga 155 of the Pu Northeast 1/4 of the f th e Recorda.•ot Plneilaa County, Florida; thenoe leaving sold East line o said Eoaterly extenalon of the Weaf Right-of-Way l '51"W ° ong , a 17 Southeost I/4 of Section 13, N89 and said West Right-ot-Way Ilne of BELCHER ROAD, reapecttvely, for 50.01 teat Ilne of BELCHER ROAD , to the POINT OF BEGINNING; thenoe the following two courses along said Weat Right-ol-Way Ilne of ld Eost BELCHER ROAD; (I) thence N00°09'08"W, along a Ilne 60.00 feet West of and parallel with so 05 foot; (2) thenoe leaving 577 f . or tine of the Northeast I/4 of the Southeost I/4 of 3eotion 13, t Ilne of the Northeast I/4 of tho Southeost E as said line b0.00 foot West of and porallel with the 35 feat to the point of interseotlon with the South for 62 N48°38'29"W 3 . , , 1/4 of Section 1 Right-of-Way Ilne of STATE ROAD 60, according io Florida Department of Tranaportatlon Rlght-of-Woy D , Map 15040-2501, doted February 23, 1960; thence leoving sold Weal Right-ot-Way Ilne of BELCHER ROA t South of 00 f ee N89°22'20"W, along said South Rlghf-oi-Woy of STATE ROAD 60, same being o Ilne 50. ast I/4 of Section 13, for th S e ou and paroilel with the North Ilne of sold Northeasl I/4 of the ith the East line of that certain property as deaorlbed in 770.94 feet to the point of Interaectlon w Page 329 of the Public Records of Pinellas County, Florida; thence leoving Bold Deed Book 1016 , South Right-ot-Woy Ilne of STATE ROAD 60, S00°40'59"W, along said Eoat Ilne of that oerioin property taln id oer ae described in Deed Book 1016, Paga 329, for 616.65 foot to the Southeast corner of sa 62 foot to the point for 310 69°18'02"E . , property as dosorlbed In Deed Book 1016, Page 329; thence S tersection with a non-tongent curve, oonoave Northerly; thence Eoaterly along the era of said f I o n curve, from a radial beoring of S32°15'51"W, having a radius of 65,50 feet, a central angle of 57 feet to the point r 68 °18'02"E f . o 63°07'45", on era length of 72.17 feet, and a chord bearing S89 45 feet to the POINT OF for 447 S89°18'02"E . , of Interaectlon with a non-tangent Tine; thence BEGINNING. Containing 506,892 square feet or 11.637 acres, .more or leas. Error of closure: 0.004 feet (JEB) NOTE. THE GEOMETRY PERTAI~NNO TO THE PARCEL OF LAND BEING DESCRIBED HEREIN (THE DESCRIPTION) IS SOLELY BASED UPON A BOUNDARY TITLED "LAKESIDE AT CLEARWATER", JOB NUMBER 2009-0007, INC CONSULTANTS . , AND TOPOGRAPHIC SURVEY PREPARED BY FLORIDA DESIGN 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 scAtE: DATE: DRAWN: CALCED: CHECKED: 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 V DA FLORIDA DESIGN CONSULTANTS, INC. R AND MAPPER. SUR EY LICENSE ENGINEERS, ENVIRONMENTALISTS ~, SURVEYORS 6 PLANNERS 3030 Slarksyy Slvd. New Port Richey, Florida 34665 DAVID WILLIAM MCD (727) 849-7688 PROFESSIONAL SURVEYOR AND MAPPER Certificate of Authorization: LB 6707 LICENSE NUMBER LS 5840 State of Fiorlda STATE OF FLORIDA _r ® Copyright 2009 Florida Design Consultants, inc. Drawings and concepts may not be used or reproduced without written perm:sa:°n. ..A I~.v ~ ~~ `+~ SC~IEDITLE A Page 2 of 4 . _ - _. ___ ... __....-..-... .... ~_._ .__ ..o nrnn ae gyn. nnnm - IAne4mnn ~: \~ca Waco ~uwgs ~w ~oaos~.. ..........~~........-- -.._..~ --'• --• - -- - THtS IS rjQl A SURVEY THERE MAY BE ADDITIONAL RESTRICTIONS AFFECTING THIS PROPERTY THAT MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY. IS LEGAL DESCRIPTION AND SKETCH WAS PREPARED NATHOUT THE BENEFlT F A TITLE POLICY. EARINGS ARE BASED UPON: SEE SKETCH AND LEGAL DESCRIPTION ---- - N N~~ of r 50.00' STATE ROAD 60 N LINE NE 1/4 OF SE 1/4 OF SEC 13-29S-15E THE NE 1/4 OF - - - - - - - -( - THE 5E 1/4 OF S R/M/ STATE ROAD 60 (FOOT 15040-2501 SEC 13-29S-16f N89'22 20"W 770.94' 0 100 200 N48'38'29"W 62.35' W R/W BELCHER ROAD (ORB 4564, PO 155) 50.D0' ~ -- ~I d ~ l ~ ~ in r! 1 /2 OF THE NE 1 /4 ~ ~ p Q t`I R) ~ OF THE SE 1/4 OF "~ r O ~;, c°fr ~ ~ 5EC 13-29S-15E n "Z Off, t~~ eNC = BEAR NC " ° `D SUBJECT PROPERTY: O ~f a ~ ~ ~ ~~' Z ~ 5 506,892 SQ FT, OR oB =DEED BOOK 11.637 AC, MOL ~ v:`' z `~ o DEPARTMENT OF fD - a FOOT ~ FLORIDA TRANSPORTA1KlN •~ c 3 3 o wl ~ 0] Q RIGHT--~-WAY MAP ~ ,y e e o: ° ~ u°'i RADIUS=65.50 o g °o j m ° °,., Re o a ~ v oR tfss ~ - o ORB = OFFlgAI RECORDS 900K W ~ LENGTH°72.17 ~ r p '~ ' ~ PB =PLAT e00K CHORD=68.57 ~ ~~ oo .E s ~ g ~ ' . 18 02 E Z ~ ~~ CHORD BEARING=S89 P~ =POINT OF BEgNMNG POC =POINT OF COMMENq:MENi ~ ~ RAD =RADIAL DELTA=63'07'45" z ~ ' " r 51 W ; ~ RADIAL BEARING=S32'15 R/W = RIGHT--oF-war sE coR sec = secnoN POB 3 SQ =SQUARE DB 1018, PO 329 ~ ' I ' ' ' " ' " E 447.45 ~ E 310.62 S89 18 02 S89'18 02 W R/W l3ELq-IER ROAD (ORB 4554, PO 155) S 1/2 OF THE NE 1/4 OF THE SE 1 /4 OF °D ,o 5EC 13-29S-15E ~ SE COR OF THE NE 1/4 OF THE SE 1/4 OF SEC 13-29S-15E NOTE, THE GEOMETRY PERTA9JING TO THE PARCEL OF LAND BEING DESCRIBED HEREIN (THE DESCRIPTION) IS SOLELY BASED UPON A BOUNDARY JOB NUMBER 2009-0007, TITLED "LAKESIDE AT CLEARWATER" C , . AND TOPOGRAPHIC SURVEY PREPARED BY FLORN)A DESIGN CONSULTANTS, IN 09 AND RECORD DOCUMENTS AS NOTED HEREIN AND IS SUBJECT TO AN ACCURATE FIELD BOUNDARY SURVEY. 3 3 / 1120 DATED PREPARED FOR' LAKESIDE AT CLEARWATER SKEET DESCRIPTKNJ: NORTH COMMERCIAL PARCEL scALE DATE:. DRAWN: CALCEO: CHECKED; SEE SHEET 1 FOR LEGAL DESCRIPTION I"=200' 10/7/09 JEB JEB JEB~~ SEE SHEET 2 FOR SKETCH REVISION 1-11/9/D9-CHANGE SHEET DESCRIPTION (JEB) JOB No.: EPN: SEC110N: TOWNSHIP: RANGE; REVISION 2-01/8/10-REVISED PARCEL GEOMETRY (JEB) 2009-07 329 13 29S 15E NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA FLORIDA DESIGN CONSULTANTS, INC. LICENSED SURVEYOR AND MAPPER. ENGINEERS, ENVIRONMENTALISTS ~ ~.---""'1 SURVEYORS 8 PLANNERS ,,,J 3030 Starkeyp Blvd. New Porf Rlehey, Florlds 34655 DAVID WILLIAM McDANIEL {727) 849-7588 PROFESSIONAL SURVEYOR AND MAPPER Certiflcate of Authorization: Le 67D7 40 LIC E U State of Florida OF FLORIDA STATE pCopyrlght 2009 Florida Dealgn Consultants, Inc. Drawings and concepts moy not be used or reproduced without written pefmisslon. JIICG~ ~+~ .__ SCE-IEDULE A Page 3 of 4 J:\329\Dato\Dwgs\L5\szyJtaswcnnn~_w,.°.+y - w„ ..~, ~..._ - ._._._... ,_-__- THIS IS N!,?I A SURVEY PROPERTY THAT o S O F ~ N IC B CS D N l1NTY. THI C F O RD S RE PU LI THE MAY BE FOUND IN THIS LEGAL DESCRIPTION AND SKETCH WAS PREPARED WITHOUT THE BENEFIT F A TITLE POLICY. BEARINGS ARE BASED UPON: SEE SKETCH AND LEGAL DESCRIPTION - - LEGAL DESCRIPTION: P~ 2 Sbedlae followanahip /d r e o t h N o e d o p eaor ticularly pa more being lda Fla Counly, East~ PInellaa lS Range South, 29 COMMENCE at the Northeasl corner of the Northeast I/4 of the Southeast I/4 of Section 13, Township the Eost line of said alon 0°09'08"E g , 29 South, Range 15 East, Pinellas County, Florida; thence S0 the hosts of bearings for thfa legal 13 (bein ti g on Northeast I/4 of the Southeast I/4 of Sec 9 a t / a h N r i o t o t 8 Sectlon of /4 Southeast the of l/4 Northeoat the of hine Eest said 5eaving ofsc5ectlon)~13~r thence for 13 tl , on 13, NB9°12'46"W, along the South Ilne of sold Northeast 1/4 01 the Southeast I/4 of Seo t I/4 of Section 13; h eas 1,336.89 feet to the Southwest corner of sold Northeast I/4 of the Sout id Northeast I/4 of the Southeast I/4 of Secllon 13, f ' " sa W, along the Weat Ilne o 47 thence N00°23 t to the POINT OF BEGINNING; thence continue N00°23'47"W, along said West Ilne of the 1 f ee for 50.0 Northeast I/4 of the Southeast I/4 of Section 13, same being the Eoat Ilne of EAST DRUID PARK, as 10 feet for 616 rlda Fi t . , o y, recorded In Plat Book 61, Page 67 of the Public Records of Pineilos Coun st I/4 of the Southeast 1/4 of Section 13, th d N ea or to the Northwest corner of the South I/2 of sol as recorded In Plat Book 28, Page 75 of the f BAMBOO SUBDIV1510N , same being the Southwest corner o Public Records of Pinellas County, Florida; thence leaving sold Weaf fine of the Northeast I/4 of th I/2 of the the Southeast I/4 of Section 13, S89°17'33"E, along the North Ilne of said Sou 8 1 t t 0 1016t Poge 329 Book in Deed ropertysasedescribed ertatno tf /th h /4 p a c llna of and the South SUBDIVISION blic Records of Pinellas County, Florida, respectively, for 463,05 feet to the Southeast P th u e corner of said certain property as described In Deed Book 1016, Page 329; thence leovlog sold North for S89 18'02"E 13 ti , , on Ilne of the South I/2 of the Northeast I/4 of the Southeast 1/4 of Sec cave Northerly; thence 310.62 feet to the point of Intersactlon with a non-tangent curve, "con having a radius of 65.50 f S32°15 51 W , Easterly along the arc of said curve, from o radial bearing o an arc length o1 72.17 feet, and a chord bearing S89°18'02"E for 63°07'45" , feet, a central angle of 57 feet 1o the point of Intersection with a non-tangent Tine; thence S89°18'02"E, for 447.45 feat 68 . to the polnl of Intersection with the Weat Right-ot-Way Ilne of BELCHER ROAD, according io Offlc~al S89°17 61 E , Records Book 4564, Poge 155 of the Public Records of Pinellas County, Florida; thence continuing SOO°09'08"E , along sold Weat Right-of-Way Ilne of BELCHER ROAD, for 14.00 feet; thence o Ilne 36.00 feet West of and parallel e bein a OAD g m , s along sold West Right-of-Way line of BELCHER R t I/4 of the Southeast I/4 of Section 13, for 617.98 tees to the th eas with sold East line of the Nor oint of intersection with the North Right-of-Way Ilne of DRUID ROAD, according to sold Official old i p ng s Records Book 4564, Poge 155 of the Public Records of Pinellas County, Florida; thence leav ht-of-Way line of DRUID th Ri ld N " ' ° g or W, along so 46 12 West Right-of-Way Ilne of BELCHER ROAD, NB9 arallel with sold South Tine of the Northeast I/4 f and th N p o or ROAD, same being a Ilne 50.00 feet of the Southeast I/4 of Section 13, for 1,301.10 feet 1o the POINT OF BEGINNING. Contalning 803,028 square feet or 18.435 acres, more or leas. Error of closure: 0.008 feet (JEB) NOTE, THE GEOMETRY PERTAINING TO THE PARCEL OF LAND BEING DESCRIBED HEREIN (THE DESCRIPTION) IS SOLELY BASED UPON A BOUNDARY S NUMBER 2009-0007, I E C ACC RATE FIE 0 BOUNDARY SURVEY ~TO AN DATED 03131 20091CANDRRE ORD EDOCUMENTS ASONIOTEDEHEREIN AND IS SUBJE T PREPAREO FOR: LAKESIDE AT CLEARWATER SFIEET DESCR~noN: SOUTH RESIDENTIAL PARCEL SCALE: DATE: DRAWN: CALCED: CHECKED: SEE SHEET 1 FOR LEGAL DESCRIPTION NONE (0/6109 JEB JEB JEB ~ SEE SHEET 2 FOR SKETCH REVISION 1-11/9/09-CHANGE SHEET DESCRIPTION (JEB) J09 No.: EPN: SECTIODk TowNSHIP: RANGE: REVISION 2-Ot/8/10-REVISED PARCEL GEOMETRY (JEB) 2009-07 329 13 293 15E NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA FLORIDA DES/GN CONSULTANTSi ~N~% LICENSED SURVEYOR AND MAPPER. STS M VI O ENG a P ANNERS SURVEYORS 3030 Slorkey Blvd. New Port Rlcbey, Florida 34655 DAVID WILLIAM McDANIEL (727) 549-7588 PROFESSIONAL SURVEYOR AND MAPPER Certificate of Authorizations LB 6707 40 LIC E U State of Florida FLORIDA OF TATE nL__1 -t pCopyrlght 2009 Florldo Design Consultants, Inc. Drawings and concepts may not be used or reproduces wnnouc wnnen permsawn. v,,..... ... Y SC~ULE A Page 4 of 4 t1-- 11.~wL,wnn J: \JCa\Ua[a\vwytl\w \.+ca-nw,vu~„n..-...,,.....y -_.. __. -_._ _ _ _ THIS IS MQI A SURVEY HERE MAY BE ADDITIONAL RESTRICTIONS AFFECTING THIS PROPERTY THAT AY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY. THIS LEGAL DESCRIPTION AND SKETCH WAS PREPARED WITHOUT THE BENEFIT OF A TITLE POLICY, BEARINGS ARE BASED UPON: SEE SKETCH AND LEGAL DESCRIPTION N AC~~ ACRES POC COR =CORNER NE COR OF I DB =DEED BOOK THE NE 1/4 OF BAb7800 SUBDrr1SIDN a FEET . _ _ - THE SE l/4 OF I PS 2B, PB 75 MDL =MORE OR LESS SEC 13-295-15E DRB = OFFlCIAI RECORDS BOOK PB =PLAT BOOK S LINE BAMBOO PG ° PACE SUBDIVISION S LINE p08 =POINT OF BEGINMNG S99'17'S1"E (PB 28, PC 75) N w DB 1018, PG 329 p~ = paNT OF COMMENCEMENT 14.00' 0 200 ii ~ R/W =RIGHT-OF-WAY 0 X0 SEC = SECTKIN ~> LOT % LOT 14 m o sp =SQUARE _, ~~ N LINE OF 5 1/2 OF THE NE 1/4 S89'1B'02"E 310.62' 589'18'02"E 447.45' I OF THE SE 1/4 OF SEC 13-29S-15E I D W R/W BELCHER ROAD I O I~ ' " ' SE COR (ORB 4584, PO 155 S89 E 463.05 1 T33 ~ ~~ ~ DB 1018, PG 329 RADIUS=65,50' ~ ~, ~7 ~ a O NW COR OF S 1/2 OF THE LENGTH°72.17' 0Da g{ -CTj ~ ~I ~ • ~ NE 1/4 OF THE SE 1/4 OF CHORD=68 57' °' ~ ~ d . h- ~ To tO SEC 13-29S-15E; ~ ' " ' 0D 02 E r ~ 0 18 ~n `-; ~ m c'o SW coR BAMBOO suBDIMSIaN CHORD BEARING=S89 " co ~ ~~ ' ' I 45 ~ °% (PB 2B, Po 75) DELTA~63 07 ~,In SUBJECT PROPERTY: RADIAL BEARING~S32'15'51"W ~ -~~ Fi ~~ 803,028 SQ FT, OR Id. rc o " a . 18.435 AC, IDOL ~ ~ ~; ~ ~ S i/2 OF THE NE i/4 e~ w y a 0 3 OF THE SE 1/4 OF ~ O ~I c ~" SEC 13-29S-15E CJ. ~ t1' ~ ~ ~ M ~ ~ O '- h- ~' zz0 O ~Z ~ ~ Iw =Z 'L 3 I~ r• 3 Iw . `-' N89't2'46"W 1301.10' 38,00' --- POB N R/w DRUID ROAD (ORB 4584, PO 155) N00'23'47"W 50.00' 50.01' _ _ S LINE NE 1/4 OF SE 1/_4_OF_SEC 13-29S-15E _ _ _ _ _ _ SW COR OF N89'12'46"W 1338.89' SE COR OF DRUID ROAD ~ THE NE 1/4 OF THE NE 1/4 OF T11E SE 1/4 OF THE SE 1/4 OF SEC 13-29S-1sE SEC 1J-29S-15E NOTE. THE GEOMETRY PERTAININD TO THE PARCEL OF LAND BEING DESCRIBED HEREIN (THE DESCRIPTION) IS SOLELY BASED UPON A BOUNDARY AND TOPOGRAPHIC SURVEY PREPARED BY FLORIDA DESIGN CONSULTANTS, 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. PREPARED FOR: LAKESIDE AT CLEARWATER SHEET DESCRIPTION; SOUTH RESIDENTIAL PARCEL scALE: DATE: DRAWN: CALCEO: CHECKE SEE SHEET 1 FOR LEGAL DESCRIPTION I"=200' 1016/09 JEB JEB JEB ~ SEE SHEET 2 FOR SKETCH REVISION 1-11/9/09-CHANGE SHEET DESCRIPTION (JEB) JOB No.: EPN: SEC710N: TOWNSHIP: RANGE; REVISION 2-01/8/10-REVISED PARCEL GEOMETRY (JEB) 2009-07 329 13 29S 15E NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA FLORIDA DESIGN CONSULTANTS, INC. LICENSED SURVEYOR AND MAPPER. ENGINEERS, ENVIRONMENTALISTS '~` SURVEYORS & PLANNERS ~ ~' '`~ 3030 Starkey Blvd. New Port Richey Florida 34658 _ DAVID WILLIAM McDANIEL (727) 819-7588 PROFESSIONAL SURVEYOR AND MAPPER Certificate of Authorization: LB 6707 LICENSE NUMBER LS 5840 State of Florida STATE OF FLORIDA mCopyrlght 2009 Florida Design Consultonts, Inc. Drowings and concepts moy not be used or reproduced without written permlesion. JTleeti v: ,__ I CITY OF CLEARWATER S~~ ~, APPLICATION FOR `_~ 4 COMPREHENSIVE PLAN AMENDMENT 9~Yq~~~O~ (INCLUDINGpIUT~i NLA EDPUS~E 1 ~P~ ENDMENT) MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, 2'~ FLOOR PHONE (727) 562-4567 FAX (727) 562-4576 APPLICANT, PROPERTY OWNERS, AND AGENT INFORMATION: APPLICANT NAME: ~~J PLATE PROPERPIESS, INC. , a Florida. corporation MAILING ADDRESS: 1414 West SWann, Suite 150, Tampa, FL 33606 PHONE NUMBER: $13-579-2014 FAX NUMBER: 813-835-4197 PROPERTY OWNERS: DIIC~L PLATE PROPERTIES, INC. , a Florida corporation (Listalfowners) LAI~SIDE F~T.CERPRISES, L.L.C., a Florida corporation E. D. Armstrong III, Esquire., AGENT NAME: aTOhrtson, POpe, BO){Or, Ruppel & BLIr71S~ LLP MAILING ADDRESS: 911 t~leStnut Street, Clearwater, FL 33756 PHONE NUMBER: 727-461-18]"8 FAX NUMBER: 727-462-0365 SITE INFORMATION: Lo~ATION: 2165 C~.il.f-to-Bay Boulevard - SW corner of C~il.f-to-Bay and Belcher STREET ADDRESS: 2165 Vlllf tO-Bay Boulevard LEGAL DESCRIPTION: See Bchednle A attached. . 13-29-15-00000-410-0100, 13-29-15-00000-410-0200 and. PARCEL NUMBER: 13-29-15-00000-410'-0300 sIZE of SITE: 30.07 acres (Parcel 1':::11.637aCres, Parcel. 2 : 18.435 acres) FUTURE LAND USE CLASSIFICATION: PRESENT: Residential law Medium (RIM) ZONING CLASSIFICATION: PRESENT MEIP Parcel 1: R/O/R REQUESTED: Parcel 2 ' RM REQUESTED: Parcel 2 = MnR PROPOSED-TEXT AMENDMENT: N/A (use additional paper if necessary) See Schedule B for discussion. 1 (VNe), the undersigned, acknowledge that all representations made in this application are true and accurate to best of my/(our) know) gel. G~/ l~l/ ~~ =~ -, Signature of property owner or representative E. D. Armstrong III Signature of property owner or representative STATE OF FLORIDA, COUNTY O~ PINELLAS Swom to and subscribed before me this o r"`- day of ~ , A.D9 to me by E. D. Armstrong II ,who is personally known lug ~, t ary pu my commission expires: ~:"~ %~.._ JAYNE E. SEARS _ _ EXpires $ept@fr1tJ@r "L, LU ~ J BotdEd Thu Troy Fain Mrnrsiee 8003857019 sEu~, CITY OF CLEARWATER >>I- _ AFFIDAVIT TO AUTHORIZE AGENT 9 ~~~~~~ MUMCIPAIL SERV ~ B L DPME O SOUTHCMYRTLE AIVENUE~2nd FLOOR PHONE (727)-562-4567 .FAX (727) 562-4576 NICII~LL PTA'i~F PROPERTIES, INC. , a Florida corporation (Name of all properly 1. That (1 am/we are) the owner(s) and record title holder(s) of the following described property: 2165 Gulf-to-Bay Boulevard Parcel No. 13-29-15-00000-410-0100 (Address br General Location) 2. That this property constitutes the property for which a request for a: 'Rezoning,. land use plan amendment, development agreement applicatice~, flexible developmeazt application and residential infill application. (Nature of request) .., 3. That the undersigned (has/have) appointed and (does/do) appoint E. D. ~mstrong, III, :Esquire, and Johnson, Pope, Bokor, Ruppel & Burns, TT,P as (his/their) agent(s) !b execute any 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. NICKEL P PR'OPERT , INC. Property Property ow er ~~ B• Ingersoll STATE OF FLORIDA, President COUNTY OF PINELLAS Before me the and ed, an officer duly commissio d by the laws of the St @@r~ Florida, on this ~ ~ /~- day of N0~7eH>Uer ~~~~ersonally appeared ~~~ B. I21gerS0~l who having been first duly sworn deposes and says that he/she fuly 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: corporation ~~~~ry S: application forms/development review/Affidavit to Authorize Agent ,~.;ft-:rry~,_ JAYNE E. SEARS .. :~ Commission # DD 907040 `; ~ Expires September 2; 2013 %'~,pr ~,~ Baled T1ru Tiq Fan NNNMtO~ 00tUBSi018 . ~ - CITY OF CLEARWATER ,I ~ AFFIDAVIT TO AUTHORIZE AGENT y 6- ~~k~o~ PLAN AIN E & IDEVEL DPMENOO SOUTH MYRTLE AIVE tUE~2"" FLOOR PHONE (727)-562-4567 FAX (727) 562-4576 LAi~'SIDE EDTl'ERPRISES, L.L.C., a Florida limited liability cor>>pany (Name of aN property owners} 1. That (I am/we are) the owner(s) and record title holder(s) of the following described property: Parcel No. 13-29-15-00000-410-0200 13-29-15-00000-410-0300 (Address or General Location) 2. That this. property constitutes the property for which a request fora: Rezoning,_land use plan amenc~nent, development agreement application, flexible developanent application and residential-infill application. (Nature of request) 3: That the undersigned (has/have) appointed and (does/do) appoint E. D. Armstrong III, Esquire, and Johnson, Pope, Bokor, thzppel & Burns, LLP as (his/Itieir) agent(s) to execute any 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. L~1KF.SID RISFS, L.L.C. Property Own Property Owner ~~ ~ IngerS011 STATE OF FLORIDA, Manager COUNTY OF PINELLAS Before me the unS~g iQ4ned, an officer duly comm'ssi ed bye I of the of Florida, on this o'~D ~- day of ~r ~U~y perspnally appeared ~ "• ~~~~~ who having been first duly sworn deposes and says that he/she fully understands the contents of the affidavit that he/she signed. *as Manager of Lakeside Enterprises, L.L,C., a ~. Florida limited liability Notary Public My Commission Expires:. ~f of the ocxnpaTly, on lledl Y .~"" "'- JAYNE E. SEARS S: application forms/developmentreview/Affidavit to Authorize Agent *~ a Commission # DD 907040 ' e~ Expires September 2, 2013 ^`~%.Pft':c°~` BardedTlniTroyFalnlneurerw~00WBS7019 Disclosure of Interest Nickel Plate Properties, Inc. Officer: Andrew B. Ingersoll, President Directors: Noel V. Bourdin Eli B. Dubrow Katherine Schreiber David Sexton John D. Goodkind Beneficial Owner: Grace C. Berquist Trust There are currently no existing contracts or options to purchase the property. Disclosure of Interest Lakeside Enterprises, L.L.C. Manager: Andrew B. Ingersoll Beneficial Owner: Grace C. Berquist Trust 'There are currently no existing contracts or options to purchase the property. SCHEDULE A Page 1 of 4 • ~..... 1..., n° OMn e° 1M nnnm -. hwnlcm°n ... ~..~.. ~....... ~....y- ~__ ~___-'.~ __..___.. _.. ._-_ _ - THIS IS NS?I A SURVEY HERE MAY BE ADDITIONAL RESTRICTIONS AFFECTING THIS PROPERTY THAT AY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY. IS LEGAL DESCRIPTION AND SKETCH WAS PREPARED WITHOUT THE BENEFIT A TITLE POLJCY. BEARINGS ARE BASED UPON: SEE SKETCH-AND LEGAL DESCRIPTION LEGAL DESCRIPTION: PARCEL 1 A paroel of land being a portion of the Northeast I/4 of the Southeast I/4 of Section 13, Township 29 South, Range 15 Eost, Pinellas County, Florida, being more particularly described as follows: CONMENCE at the Northeast corner of the Northeast I/4 of the Southeast i/4 of Section 13, Township Range 15 Eost, Pinellas County, Florida; thence S00°09'08"E, along the Eost Ilne of sold 29 South , I/4 of the Southeast I/4 of Section 13 (being the boats of bearings for this legal Northeast . descript(on), for 667.81 feet to the point of interaectlon with an Easterly extenelon of the West Right-of-Way line of BELCHER ROAD, occording to Official Records Book 4564, Page 155 of the Public Records of Pinellas County, Florida; thenoe leaving sold East Ilne of -the Northeast i/4 of the Southeast I/4 of Section 13, N89°17'51"W, along acid Easterly extenelon of the West Right-ot-Way Tine of BELCHER ROAD, and said West Right-of-Way Ilne of BELCHER ROAD, respectively, for 50.01 feet to the POINT OF BEGINNING; thence the following two courses along sold West Rlght-of-Way line of BELCHER ROAD; (I} thence N00°09'08"W, along a fine 50.00 feet West of and parallel with sold East Ilne of the Northeast I/4 of the Southeast I/4 of Section 13, for 577.05 feat; (2) thence leaving said Ilne 50.00 feet West of and parallel with the East line of the Northeast I/4 01 the Southeast I/4 of Secllon 13, N48°38'29"W, for 62.35 feet to the point of Intersection with the South Right-of-Way line of STATE ROAD 60, occording to Florida Department .of Transportation Rlght-of-Way Map 15040-2501, dated February 23, 1960; thence leaving sold Weat Rlght-of-Way Ilne of BELCHER ROAD, N89°22'20"W, along sold South Rlght-of-Woy of STATE ROAD 60, same being a Itne 50.00 feel South of and parallel with-the North Ilne of said Northeast I/4 of the Southeast I/4 of Secllon 13, for 770.94 feet to the point of Intersection with the Eost Ilne of that certain property as described in Deed Book 1016, Page 329 of the Public Records of Pinellas County, Florida; thence leaving sold South Rlght-at-Way Ilne of STATE ROAD 60, S00°40'S9"W, along said Eost Ilne of that aertaln property as described in Deed Book 1016, Paga 329, for 616.65 feet to the Southeast corner of said certain .property as desoribed in Deed Book 1016, Page 329; thence SB9°18'02"E, for 310.62 feet to the point of Intersection. with a noh-tangent curve, oonoave Northerly; thence Easterly along the arc of sold from a radial bearing of S32°15'51"W, having o radius of 65.50 feat, a central angle of curve , 63°07'45", on arc length of 72.17 feet, and a chord bearing SB9°18'02"E for 68.57 feat to the point of Intersection with o non-tangent line; thence SB9°18'02"E, for 447.45 teat to the POINT OF BEGINNING. Containing 506,892 square feet or 11.637 acres, .more or lase. Error of closure: 0.004 feet (JEB) NOTE, THE GEOMETRY PERTAINING TO THE PARCEL OF LAND BEING DESCRIBED HEREIN (THE DESCRIPTION) IS SOLELY BASED UPON A BOUNDARY TITLED "LAKESIDE AT CLEARWATER", JOB NUMBER 2009-0007, INC ARED BY FLORIDA DESIGN CONSULTANTS . , AND TOPOGRAPHIC SURVEY PREP DATED 3/302009 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 scab:: DATE: DRAWN: caLC~o: CFtECKED: SEE SHEET 1 FOR LEGAL DESCRIPTION NONE (017/09 JE8 JEB JEB ~~ SEE SHEET 2 FOR SKETCH /09-CHANGE SHEET DESCRIPTION (JEB) REVISION 1-11/9 , JOB No.: EPN: SECTION: TOWNSHIP: Ra~E; REVISION 2-01/8/10-REVISED PARCEL GEOMETRY (JEB) 2009-07 329 13 29S 15E NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA FLORIDA DESIGN CONSULTANTS, INC. LICENSED SURVEYOR AND MAPPER. ENGINEERS, ENVIRONMENTALISTS ~ SURVEYORS t3 PLANNERS d 3030 Sicrkey Blv . Nsw Port Richey, Florida 34655 DAVID WILLIAM McD (727) 849-7588 PROFESSIONAL SURVEYOR AND MAPPER Certificate of Authortzat)on: LB 6707 LICENSE NUMBER LS 5840 State of Florida STATE OF FLORIDA ®Copyrlght 2009 Florida Design Consulionts, Inc. Drawings and concepts may not ba used or reproduced without written permission. J/leel ~ ~i SCHEDULE A Page 2 of 4 ~. ~ :nn\ n-~-\ n...-..\, M the ei ~ rnuurorae~ i cd awe .. Jon nR ~mn ®~n~ Doom -Beckman THIS IS ~,QI A SURVEY THERE MAY BE ADDITIONAL RESTRICTIONS AFFECTING THIS PROPERTY THAT MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY. IS LEGAL DESCRIPTION AND SKETCH WAS PREPARED WITHOUT THE BENEFIT F A TITLE POLICY. EARINGS ARE BASED UPON: SEE SKETCH AND LEGAL DESCRIPTION ------ N D N 50.00' COR OF STATE ROAD 60 E ~ N LINE NE 1/4 OF SE 1/4 OF SEC 13-29S-15E THE NE 1/4 OF - - - - - - - -' - - 1HE SE 1/4 OF S R/W STATE ROAD 60 (FOOT 15040-2501 SEC 13-29S-16E N89'22'20 W 770.94' 0 100 200 N48'38'29"W 62.35' W R/W BELCHER ROAD ~~ (ORB 4584, PO 155) 50.D0' I-=-- 'I l ~ N t/2 OF THE: NE i/4 ~~ p~ \~' ~ ~" n OF THE SE 1!4 OF p Q ~ ~ SEC 13-29S-15E °~ '' a `C~~ ~ ~ ~ ACRES c A o coR =CORNIER ~ d ~ SUBJECT PROPERTY: :n ~ .r~0° 892 SQ FT ~'~ 506 OR o ~ , , DB =DEED BOOK s FOOT =FLORIDA DEPARTMENT OF ".' 11.937 AC, MOL " w z ~• TRANSPORTATION ,~ c 3 ~ o w mr ~ l .RIGHT-OF-WAY MAP ~ w e 3~ p j o FT 'FEET " ~ ~ RADIUS=65 50' o o m o o . ~ MOL m MORE OR LESS ~ ~I ORB = OFFlGAL RECORDS 900K w ~ LENGTH=72.17' of ~ z ~ c PB =PLAT BOOK m ~o ~ ° CHORD=68.57' o ~ ~~ o o P~ -POINT aF BEGINMNG N CHORD BEARING=S89'18 02 E z ~ ~~ POC =POINT OF COMMENCEMENT ~ " ~ DELTA=63'07 45 ~ z RAa = RAaul R/W =RIGHT-OF-WAY RADIAL BEARING=S32'15'51"W ; ~~ SEC = SEC110N SE COR POB ~ 3 0 SQ ~ SQUARE DB 1016, PO 329 S89'18'02"E 310.62' S89'18'02"E 447.45' ~ I ~~., W R/W BELCHER ROAD (ORB 4564, PO 155) o S 1!2 OF THE I:E 1/4 OF THE SE i /4 OF SEC 13-295-15E ~ SE COR OF THE NE 1/4 DF THE SE 1/4 OF SEC 13-29S-15E NOTE, THE GEOMETRY PERTAINING TO THE PARCEL OF LAND BEING DESCRIBED HEREIN (THE DESCRIPTION) IS SOLELY BASED UPON A BOUNDARY AND TOPOGRAPHIC SURVEY PREPARED BY FLORR)A DESIGN CONSULTANTS, INC. TITLED "LAKESIDE AT CLEARWATER", J08 NUMBER 2009-0007, DATED 3/3112009 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 scAt~: DATE: DRAWN: CALLED: CHECKED: SEE SHEET 1 FOR LEGAL DE5CRIPTION I~~=200 10/7/09 JEB JEB JEB -SEE SHEET 2 FOR SKETCH REVISION 1-11/9/09-CHANGE SHEET DESCRIPTION (JEB) JOB No.: EPN: sECnoN: TOWNSHIP: RANGE; REVISION 2-01/8/10-REVISED PARCEL GEOMETRY (JEB) 2009-07 329 13 29S 15E NOT VALID WITHOUT THE. SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA FLORIDA DESIGN CONSULTANTS, I1V(~. LICENSED SURVEYOR AND MAPPER. ENGINEERS, ENVIRONMENTALISTS ~ SURVEYORS 8 PLANNERS 3030 Slarkayy Blvd. Naw Porl Rlchay, Florldo 34655 DAVID WILLIAM McDANIEL (727) 849-7588 PROFESSIONAL SURVEYOR AND MAPPER Certiflcote of Authorization: LB 6707 LICENSE NUMBER LS 5840 State of Florido STATE OF FLORIDA pCopyright 2009 Florida Design Consultants, tnc. Drawings and concepts may not be used or reproduced without written permission. Sheet G OT ~ SC'EII)~ULE A Page 3 of 4 nn nntn M, tfl. l7nm Mar4m nn THIS IS M4I A SURVEY THERE MAY 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. BEARINGS ARE BASED UPON: SEE SKETCH AND LEGAL DESCRIPTION ---- LEGAL DESCRIPTION: Pte, 2 A parcel of land being a portion of the Northeast I/4 of the Southeast I/4 of Sactlon 13, Township 29 South, Range 15 East, Pinellas County, Florida, being more particularly desoribed oe follows: COMMENCE at the Northeast corner of the Northeast I/4 of the Southeast I/4 of Section 13, Township aid f l " ' s ne o E, along the Easf I 08 29 South, Range 15 East, Pinellas County, Fiorida; thence S00°09 al this le f g or Northeast I/4 of the Southeast I/4 of Seotlon i3 (being the basis of bearings t I/4 of the Southeast I/4 th N eas or description), for 1,335.85 feet to the Southeast earner of sold rtheast I/4 of the Southeast I/4 of Section f th N i e o ne o of Section 13; thence leaving sold East l along the South line of sold Northeast I/4 of the Southeast I/4 of Seotlon 13, for N89°12'46"W 13 , , 1,336.89 feet to the Southwest corner of sold Northeast 1/4 of the Southeosi 1/4 of Section 13; t I/4 of Seotlon 13 h , eas thence N00°23'47"W, along the West Tine of sold Northeast I/4 of the Sout f the ' " W, along said West Ilne o 47 01 feet to the POINT OF BEGINNING; thence continue N00°23 for 50 . Northeast I/4 of the Southeast I/4 of Seotlon 13, same being the East line of EAST ORUID PARK, as 10 feet 616 . recorded In Plot Book 61, Page 67 of the Public Records of Pinellas County, Fiorida, for t I/4 of Section 13 th , eas to the Northwest corner of the South I/2 of sold Northeast I/4 of the Sou Page 75 of the k 28 t Bo Pl d I , o a n same being the Southwest corner of BAMBOO SUBDIVISION, as reoorde st Ilne of the Northeast I/4 of ld W e Public Records of Pinellas County, Florida; thence leaving so the North Ilne of said South I/2 of the alon S89°17'33"E 3 g , , the Southeast I/4 of Section 1 Northeast I/4 of the Southeast I/4 of Section 13, same being the South Ilne of sold BAMBOO SUBDIVISION, and the South line of that cerialn property as described In Deed Book 1016, Poge 329 of st S th ea ou the Public Records of Pinellas County, Florida, respectively, for 463,05 feet to the thence leaving sold North 329 16 P k ; oge , 10 corner of sold cerialn property as described In Deed Boo t I/4 of the Southeast I/4 of Seotlon 13, S89°18'02"E, for th eas Ilne of the South l/2 of the Nor 62 feet to the point of intersactlon with a non-tangent curve, concave Northerly; thence 310 . Easterly along the arc of sold curve, from o radial bearing of S32°15'51"W, having a radius of 65.50 S89°18'02"E for feet, a central angle of 63°07'45", an arc length o1 72.17 feet, and a chord bearing 45 teat for 447 S89°18'02"E . , 68.57 feet to the point of Intersection with a non-tangent Ilne; thence Of~lc~al ht-of-Way Ilne of BELCHER ROAD, aaoording to ith the Weat Ri tlo ° g n w to the poinl of interaec Page 155 of the Public Records of Pinellas County, Florida; thence S89 17 51 E, Records Book 4564 , along sold West Right-of-Way Ilne of BELCHER ROAD, for 14.00 feet; thence S00°09 08 E, continuing arallel 1 and t t W p o es along sold West Right-ot-Way (ins of BELCHER ROAD, same being a Ilne 36.00 fee t to the 98 f ee with sold East line o1 the Northeast I/4 of the Southeast I/4 of Section 13, for 617. ld Official t di o so ng point of Intersection with the North Right-of-Way line of DRUID ROAD, accor said leavin th g ence Records Book 4564, Poge 155 of the Public Records of Pinellas County, Florida; f DRUID Il " ' ne o W, along sold North Right-of-Way 46 West Right-of-Way Ilne of BELCHER ROAD, N89°12 theast I/4 th N S or e outh Fine of ROAD, same being a Ilne 50.00 feel North of and parallel with sold of the Southeosi I/4 of Sactlon 13, for 1,301.10 feet to the POINT OF BEGINNING, Containing 603,028 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 BEING DESCRIBED HEREIN (THE DESCRIPTION) IS SOLELY BASED UPON A BOUNDARY JOB NUMBER E009-0007, TITLED "LAKESIDE AT CLEARWATER" N , C. AND TOPOGRAPHIC SURVEY PREPARED BY FLORIDA DESIGN CONSULTANTS, I DATED 3131/2009 AND RECORD DOCUMENTS AS NOTED HEREIN AND IS 5UBJEC7 TO AN ACCURATE FIELD BOUNDARY SURVEY. PREPARED FoR: LAKESIDE AT CLEARWATER sHEt:T DESCRIPnoN: SOUTH RESIDENTIAL PARCEL SCALE: DATE: DRAWN: CALLED: CHECKED: 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 DESCRIPTION (JEB) JOB No.: EPN: SECTION: TOWNSHIP: RANGE: REVISION 2-01/8/10-REVISED PARCEL GEOMETRY (JEB) 2009-07 329 ~3 29S 15E NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA FLORIDA DESIGN CONSULTANTS, INC. LICENSED SURVEYOR AND MAPPER. ENGINEERS, ENVIRONMENTALISTS , '" SURVEYORS a PLANNERS ~' ~ 3030 Starkey Blvd. New Port Richey, Fyorido 34655 DAVID WILLIAM McDANIEL (727) s4s-7bee PROFESSIONAL SURVEYOR AND MAPPER Certificate of Authorization: LB 6707 40 LIC 8 U State of Florida FLORIDA 0 STATE ©Copyrlght 2009 Florldo Design Consultants, Inc. Drawings and concepts may not be used or reproduced without written permisalon. Jr1GGl v: ~_ SQ3IDLTLE A Page ~ of 4 ~ntn ce tn• ii..m - 0.wr4mnn THIS IS NQI A SURVEY THERE MAY BE ADDITIONAL RESTRICTIONS AFFECTING THIS PROPERTY THAT MAY BE FOUND IN THE PUBUC RECORDS OF THIS COUNTY. THIS IEGAI DESCRIPTION AND SKETCH WAS PREPARED WITHOUT THE BENEFIT OF A TITLE POLICY. BEARINGS ARE BASED UPON: SEE SKETCH AND LEGAL DESCRIPTION N A` 6~~ ACRES POC COR -CORNER NE COR OF I DB =DEED BOOK THE NE 1/4 OF I aAtr1B00 suacr'ISION 54 ~ I P8 28, PB 75 Mpl =MORE OR LESS SEC 15E 13 29 ORB = OFFlCIAL RECORDS BOOK PB =PLAT BOOK S UNE BAMBOO PG =PAGE SUBDIVISION S LINE POB =POINT aF BEGINMNG S89'17'51"E DB 1018 PG 329 ' , pOC =POINT OF COMMENCEMENT 14.00 (PB 28, PG 75) N ~ 200 ~~ ~ R/W ®RIGHT-OF-WAY 0 100 '- SEC = SEC710N ~, LOT LOT 14 m ~? SO =SQUARE N UNE OF S 1/2 OF THE NE 1/4 S89'18'02"E 310.62' 589'18'02"E 447.45' I OF THE SE 1/4 OF SEC 13-29S-15E I p I~ W R/W BELCHE:R ROAD Q ' ' " ' I S89 E 463.05 17 33 SE COR (ORB 4584, PO 155) O ~ DB 1018, PG 329 ~ ~ r~ ~ ~ RADIUS=65..50' ~ N ~7 ~j ~ a O NW COR OF S 1/2 OF THE LENGTH=72.17' ~ a ;~ Ri v ~ ~ NE 1/4 OF THE SE 1/4 OF CHORD=65.57' ~ ,~° ~ d to ~ SEC 13-29S 15E ~ - ; ~ " t n m x ~i ~ r, -~ ~ m v, SW coR BAMBOO suBDIMSIDN CHORD BEARING=S89'18 02 E ,- ~ ~ v ~ `O ~ o ~.'r' I~ N °% (PB 28, Po 7s) DELTA=63'07'45" ~ ~ Y SUBJECT PROPERTY: to OR RADIAL BEARING=S32'15'51"W ~~e' a .. 803,028 SQ FT, a i•i ~ ~ Id' ca :a ~ F- 18.435 AC, MOL ~ ~ z ~s ~~ 't ~ ~ ~ 3 v 1 /2 OF THE NE 1 / 4 i o! W v o v ~ OF THE SE '/4 OF ~ m ~ SEC 73-295-15E O g c Ov ~ ~ ~ q r ~ Q ~ NMN ~ ~ c ~ ~~ Z W 7' - O m 1/> W z o to z W Z ~ (zW 7 3 17 ~ 3 Iw . `' N89'12'48"W 1301.10' 38 00' -~- , POB N R/W DRUID ROAD (ORB 4584, PO 155) N00'23'47"W 50.00' 50.01' - - - _S UNE NE 1/4 OF SE 1/4 OF SEC 13-295-15E _ _ _ _ _ _ SW COR OF N89'12'46'W 1338,89' SE COR OF DRUID ROAD ~ THE NE 1/4 OF THE NE 1/4 OF THE SE 1 4 OF E 5 4 15E 15E SEC 1J-29 SC 3 29S THE GEOMETRY PERTAINING TO THE PARCEL OF LAND BEING DESCRIBED HEREIN (THE DESCRIPTION) IS SOLELY BASED UPON A BOUNDARY NOTE , AND TOPOGRAPHIC SURVEY PREPARED BY FLORIDA DESIGN CONBULTANT9, INC. TITLED "LAKESIDE AT CLEARWATER", JOB NUMBER 2009-0007, DATED 3131!2009 AND RECORD DOCUMENTS AS NOTED HEREIN AND IS SUBJECT TO AN ACCURATE FIELD BOUNDARY SURVEY. PREPARED FDR: LAKESIDE AT CLEARWATER SHEET DESCRIPTION: SOUTH RESIDENTIAL PARCEL scALE: DATE: DRAWN: CALCED: CHECKE • SEE SHEET 1 FOR LEGAL DESCRIPTION I"=200' 10/6/09 JEB JEB JEB ~ SEE SHEET 2 FOR SKETCH REVISION 1-11/9/09-CHANGE SHEET DESCRIPTION (JEB) JOB No.: EPN: SECTION: TOWNSHIP: RANGE; REVISION 2-Ot/B/10-REVISED PARCEL GEOMETRY (JEB) 2009-07 329 13 29S 15E NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA FLORIDA DES/GN CONSULTANTS ~NC. LICENSED SURVEYOR AND MAPPER. ENGINEERS, ENVIRONMENTALISTS SURVEYORS 6 PLANNERS ~ ~ - 3030 Starkeyy Blvd. New Port Richoy, Florldo 34655 DAVID WILLIAM McDANIEL (727) 849-7688 PROFESSIONAL SURVEYOR AND MAPPER Certificate of Authorization: LB 6707 LICENSE NUMBER LS 5840 State of Florldo STATE OF FLORIDA pCopyrlght 2009 Florida Design Consultants, Inc. Drawings and concepts may not be used or reproduced without written permisaion. Jflet:[ ~ v1 ,=. SCHEDULE B LAKESIDE AT CLEARWATER PLAN AMENDMENT and REZONING APPLICATION Submitted to: The City of Clearwater Prepared for: Nickel Plate Properties, Inc. and Lakeside Enterprises, LLC Prepared by: E.D. Armstrong, Esquire Johnson, Pope, Bokor, Ruppel & Burns 911 Chestnut Street Clearwater, Florida 33757 Cyndi Tarapani, Vice President, Planning Roy Chapman, P.E., Vice President, Transportation Florida Design Consultants 3030 Starkey Boulevard New Port Richey, Florida 34655 January 15, 2010 LAKESIDE AT CLEARWATER PLAN AMENDMENT and REZONING APPLICATION Table of Contents Comprehensive Plan Narrative Zoning Atlas Amendment Narrative Exhibits Exhibit A Aerial Photograph Exhibit B Future Land Use Map Exhibit C Zoning Map Exhibit D Comprehensive Plan Consistency Analysis k:\lakeside at Clearwater\reports\plan amendment and rezoning application narrative .doc COMPREHENSIVE PLAN AMENDMENT NARRATIVE I. Introduction Lakeside Clearwater is located at the southwest corner of State Road 60/ Gulf-to-Bay Boulevard and Belcher Road, a major intersection in a highly urbanized section of the City of Clearwater (Exhibit A, Aerial Photograph). The site is composed of two parcels, owned by two related entities. The larger of the two parcels is owned by Nickel Plate Properties, Inc., who acquired the property in 1978. The smaller site is owned by Lakeside Enterprises, LLC who purchased this site in 2004. Both property owners have consented to the plan amendment and rezoning applications. The site is a regularly shaped parcel of 30.07 acres in size with frontage on and access to three roads: S.R. 60/ Gulf-to-Bay Boulevard on the north, Belcher Road on the east and Druid Road on the south. The property has been operated as a mobile home park since the 1950s but is currently vacant. The site is currently designated as Residential Low Medium (10 units/ acre) on the City's Future Land Use Map and is currently zoned MHP, Mobile Home Park district; both designations reflect the previous use of the property (Exhibit B, Future Land Use Map and Exhibit C, Zoning Map). The property owners wish to redevelop the site with amixed-use project containing commercial and multifamily uses which require the plan amendment and rezoning applications. The land use plan application proposes to designate the northern 11.63 acres as Residential/ Office/ Retail and the southern 18.44 acres of the property as Residential Medium on the City's Future Land Use Map. The related zoning districts that are consistent with these plan categories have also been requested in the accompanying rezoning application, discussed later in this application submittal. It should be noted that the property owners have also submitted a site plan application to the City showing the specific proposed development and a Development Agreement to further confirm the proposed land uses and the developer's commitments. II. Justification for Plan Amendment Request Land Use Issues As stated earlier, the site is located at a major intersection with significant frontage along three major roads in Clearwater. Gulf-to-Bay Boulevard is one of Clearwater's major entryways spanning the entire breadth of the City from Courtney Campbell Causeway on the east to the Memorial Causeway on the west connecting to Clearwater Beach. Gulf-to- Bay Boulevard is also State Road 60 and is designated as a Principal Arterial on the City's Comprehensive Plan. Belcher Road is a major north/south road in Pinellas County traversing almost the entire length of the County. Belcher Road is aCounty-maintained road and is designated as a Minor Arterial on the City's Comprehensive Plan. On the property's southern border, Druid Road is aCity-maintained road running east/west and is designated as a Collector on the City's Comprehensive Plan. 1 The pattern of the Future Land Use Map and existing uses in the vicinity of the site are entirely commercial with the singular exception of this plan amendment site. All three remaining corners of the Gulf-to-Bay Boulevard/ Belcher Road intersection are commercial in nature designated with the Commercial General and Residential/ Office General plan categories as shown in the table below. In addition, all three corners are also developed with commercial uses including drug store, grocery stores, shopping center, gas station, offices and other retail uses. The section of Gulf-to-Bay Boulevard is an intense commercial corridor in close proximity to the Clearwater Mall and Park Place DRI, located at the intersection of Gulf-to-Bay Boulevard and U.S. Highway 19. Comparison of Land Use Characteristics Gulf-to-Bay Boulevard and Belcher Road Intersection Corner Location Future Land Use Zoning Current Uses Cate o Southwest (subject Existing: Existing: MHP Vacant property) Residential Low Medium Proposed: ROR & Proposed: C & Proposed: Retail RM MDR commercial uses and multifamily dwellings Northeast CG (800' on C, Commercial Drug Store Belcher) Retail Uses Southeast CG C, Commercial & Publix Shopping (1,050' on Belcher) O, Office Center and Bank R/OG (150' on Funeral Home Belcher) Prof. & Medical Office Northwest CG C, Commercial Gas Station (620' on Belcher) Albertson's Grocery Retail Uses Office Uses Bank 2 As can be seen from the above table and the Future Land Use Map, Exhibit B, the Commercial General plan category extends along almost all of the Gulf-to-Bay Boulevard frontage east and west of the site and extends along Belcher Road for a distance ranging from the shortest depth of 620 feet to a maximum depth of 1,050 feet directly east of the subject site. The proposed plan amendment recognizes the single- family residential area to the south of Druid Road and the importance of providing an appropriate transition in land uses between this neighborhood and the commercial corridor of Gulf-to-Bay Boulevard. Therefore, this application proposes that the limits of the Residential/ Office/ Retail plan category terminate at the existing traffic signal, an approximate depth of 616 feet along Belcher Road. The balance of the site south of this point is proposed for the Residential Medium plan category and would be developed with multifamily units. It should be noted that the proposed ROR plan category for the north parcel is a less intense plan category than the existing Commercial General plan category located on the three corners adjacent to the plan amendment site. Given the Future Land Use Plan designations and development pattern in this vicinity, this plan amendment proposes a mixed-use development that concentrates the commercial portion of the site along the Gulf-to-Bay commercial corridor which is then complimented by a multifamily development between the commercial use and the single- family neighborhood to the south along Druid Road. In summary, the proposed land use pattern creates viable development sites for both the commercial and multifamily uses, provides an appropriate transition from. the single- family neighborhood south of Druid Road to the commercial corridors and effectively utilizes the road network to separate land uses and access. Scenic/ Non-Commercial Corridor Regulations The Countywide Plan has designated the portion of Belcher Road from Klosterman Road to 38`h Avenue North as a Scenic/ Non-Commercial Corridor and the site is located within this portion of Belcher Road. The segment of Belcher Road adjacent to the site is further classified as an Enhancement Corridor according to the Scenic/Non-Commercial Corridor Map of the Countywide Plan Map. Within an Enhancement Corridor, amendments to the ROR and Residential Medium plan categories may be requested and can be considered consistent based upon a review of the application with the applicable requirements of the Countywide Plan Rules, Section 4.2.7.1.4. This referenced section allows a plan amendment to anon-residential use on a Scenic Corridor under the following conditions: "In particular, amendment to the Countywide Plan Map to allow a new or expanded Mixed Use, Commercial or Industrial category shall be discouraged, except where such amendment is: i. the logical in-fill, extension or terminus of an existing nonresidential classification; and 3 ii. the logical in-fill, extension or terminus of an adjoining existing non- residential use; and iii. considered in relationship to the existing delineation of surrounding categories on the Countywide Plan Map and Corridor Subclassification(s); and iv. consistent with the purpose and intent of the Scenic/Non-Commercial Corridor Plan Element as applied through these Countywide Rules and the otherwise applicable amendment process." (Source: Countywide Rules, Section 4.2.7.1.4.B.2a) The proposed amendment meets the first criterion above as the site is the only corner of the Belcher/Gulf-to-Bay intersection that is not designated with the Commercial General plan category and therefore, represents the logical in-fill of the last corner for commercial designation. The proposed amendment meets the second criterion since all of the existing land uses in the immediate vicinity are commercial and office uses. Approval of ROR on this site will constitute the logical in-fill and termination of both the commercial plan categories and commercial uses along this section of Belcher Road. The proposed plan amendment meets the third criterion when considered in relationship to the existing land use pattern that has been described in detail in the previous section of this report. The plan amendment meets the fourth criterion since development of the site will encourage superior community design, contributes to an integrated visually pleasing development concentrated at an existing commercial node and will maintain traffic operations of the adjacent roadways by consolidating access points. In summary, the requested plan amendment is consistent with the four criteria of Section 4.2.7.1.4 of the Countywide Plan Rules as demonstrated above. Notwithstanding Belcher Road's corridor designation, it is very typical to find commercial plan categories at the intersections of Belcher Road with major roadways throughout the County. In fact, the commercial pattern at Belcher Road intersections is the "norm" and is overwhelmingly more common than the non-commercial nature envisioned by The Countywide Plan. As described above, the three adjacent corners of the Gulf-to-Bay Boulevard and Belcher Road intersection are currently designated with the Commercial General plan category and are developed with commercial uses. When reviewing the balance of the Belcher Road corridor throughout Pinellas County, there are many examples of other intersections along Belcher Road where the plan category is one of the commercial, office or industrial categories, as shown in the table below. 4 Summary of Commercial Intersections Belcher Road with Major Roadways Belcher Road Intersection with: Plan Category at Corners Main Street/ SR 580 4 corners designated CG City of Dunedin Sunset Point Road NE corner designated ROR City of Clearwater SE corner designated ROG SW corner desi nated CG and IL Northeast Coachman Road NW & SW corners designated CG City of Clearwater SE corner designated R/OG Drew Street NE, NW, SW corners designated CG City of Clearwater SE corner designated R/OL Gulf to Bay/SR 60-Plan Amendment Site NE & NW corners designated CG City of Clearwater SE corner designated CG & R/OG Nursery Road 4 corners designated CG City of Clearwater Roosevelt Boulevard 4 corners designated CG City of Largo Ulmerton Road 4 corners designated CG City of Largo Park Boulevard 4 corners designated CG City of Pinellas Park Source: Countywide Future Land Use Map, t'ineuas county, t~tortaa. III. Compliance with Plan Amendment Standards for Review Standard 1: The proposed amendment furthers implementation of the Comprehensive Plan consistent with the goals, policies and objectives of the Plan. Response: An evaluation of the proposed amendment with the applicable goals, policies and objectives of the Comprehensive Plan has been performed and this analysis is attached to this report as Exhibit D, Comprehensive Plan Consistency Analysis. In summary, the proposed amendment is consistent with the Comprehensive Plan since it is consistent with the 5 Future Land Use Map in this area, is consistent with the existing land uses, has no negative effects on the surrounding area or environment and all public facilities are available to the project. Standard 2: The amendment is not inconsistent with other provisions of the Comprehensive Plan. Response: Please see Response to Standard 1 above. Standard 3: The available uses to which the property may be put are appropriate to the property in question and compatible with existing and planned uses in the area. Response: The ROR land use category is a mixed-use plan category allowing residential, office, retail commercial, personal and business services, office and transient accommodations. In the City of Clearwater's Community Development Code, the Commercial zoning district further limits the heavy commercial land uses listed above to solely the light assembly use which is only available through the Flexible Use review process. The remaining retail and office land uses identified in the ROR plan category are the same as those found in the area today and are the same land uses proposed by this project. It should be noted that the Site Plan submitted simultaneously with these applications will identify the uses on the site to those retail-oriented uses including personal services, retail sales, banks, restaurants, offices and other similar uses. The RM (Residential Medium) plan category is proposed for the southern portion of the site and it allows the same residential uses as the current RLM (Residential Low Medium) plan category. The principal difference between the two plan categories is in the allowable density. The increased density provided by the RM plan category is appropriate at this location due to its proximity to two intense commercial corridors, the availability of concurrent public services including transit, and the ability to provide a transition between the less intense residential uses on the south and the commercial developments to the north and east. Standard 4: Sufficient public facilities are available to serve the property. Response: There are public water and sewer services adjacent to the site since the former mobile home park was served by public utilities. The new development of the site will construct new connections to the existing public utilities. A traffic study has been prepared to evaluate the impacts of the plan amendment on the transportation network and a copy of that study is submitted along with the plan amendment. In summary, the traffic study 6 demonstrates that with the construction of two turn lanes, the project will not degrade the Level of Service (LOS) of the roadway system. Please see the enclosed Traffic Study for more detailed information. Standard 5: The amendment will not adversely affect the natural environment. Response: There are no environmental features on the site and, therefore, development of the site will not adversely affect the natural environment. An evaluation of all of the trees on the site has been prepared by Patrick Roberson, RLA and a certified arborist. This tree assessment was relied upon during the design of the project and has been submitted along with the site plan application. A large and significant oak is located on the east side of the site near Belcher Road and this tree will be retained in the new development. Standard 6: The amendment will not adversely impact the use of property in the immediate area. Response: The proposed commercial portion of the site will be very similar to the existing commercial area both in the type of commercial uses and in land use characteristics. Therefore, the introduction of additional commercial development in this intense commercial area will not adversely impact the existing commercial uses in the area. As described above, the southern portion of the site is planned for multifamily development which will serve as a logical transition between the single family neighborhood south of Druid Road and the commercial activity along Gulf-to-Bay Boulevard and Belcher Road. The proposed multifamily development will be adjacent to other residential uses on its western and southern borders and it is not expected to adversely impact these existing residential uses. 7 ZONING ATLAS AMENDMENT NARRATIVE I. Introduction The site of the zoning atlas amendment is coterminous with the Land Use Plan amendment site discussed previously in this analysis. Lakeside Clearwater is located at the southwest corner of State Road 60/ Gulf-to-Bay Boulevard and Belcher Road, a major intersection in a highly urbanized section of the City of Clearwater (Exhibit A, Aerial Photograph). The site is composed of two parcels, owned by two related entities. The larger of the two parcels is owned by Nickel Plate Properties, Inc., who acquired the property in 1978. The smaller site is owned by Lakeside Enterprises, LLC who purchased this site in 2004. Both property owners have consented to the plan amendment and rezoning applications. The site is a regularly shaped parcel of 30.07 acres in size with frontage on and access to three roads: S.R. 60/ Gulf-to-Bay Boulevard on the north, Belcher Road on the east and Druid Road on the south. The property had been used as a mobile home park since the 1950s but is currently vacant. The site is currently designated as Residential Low Medium (10 units/ acre) on the City's Future Land Use Map and is currently zoned MHP, Mobile Home Park district; both designations reflect the previous use of the property (Exhibit B, Future Land Use Map and Exhibit C, Zoning Map). The property owners wish to redevelop the site with amixed-use project containing commercial and multifamily uses which require the plan amendment and rezoning applications. The accompanying land use plan application proposes to designate the northern 11.63 acres as Residential/ Office/ Retail and the southern 18.44 acres of the property as Residential Medium on the City's Future Land Use Map. The zoning atlas amendment requests approval of two zoning districts consistent with the requested plan categories, namely the Commercial zoning district for the northern portion of the site and the Medium Density Residential zoning district for the southern portion of the site. It should be noted that the property owners have also submitted a site plan application to the City showing the specific proposed development and a Development Agreement to further confirm the proposed land uses and the developer's commitments. II. Justification for Zoning Atlas Amendment Application The purpose of the zoning atlas application is to request approval of two zoning districts that are consistent with and will implement the requested plan categories. As discussed in detail in the Plan Amendment narrative above, the requested changes to the Future Land Use and Zoning Maps have been carefully evaluated to create a mixed use project that is compatible with the existing land uses, has available public services including transit and includes land uses appropriate uses for the site. 8 The commercial portion of the site is located on the northern section of the property reflecting the existing intense commercial land use pattern on Gulf-to-Bay Boulevard and Belcher Road. On the east side of Belcher Road, the existing commercial designations and land uses extend from Gulf-to-Bay Boulevard south to Druid Road; however, the existing traffic light is proposed as the most appropriate demarcation between the commercial and residential portions of this site. This traffic light on Belcher Road currently serves the Publix Shopping Center on the east side of the road and it will serve as the commercial site's sole access from Belcher Road and as a secondary access for the residential project. The principal access to the residential development will be from Druid Road. Safe and effective cross-access within the project for both pedestrians and vehicles have been designed and are shown on the submitted site plan. All of the site's proposed uses are allowed in the either the Commercial or MDR zoning district, as applicable. The site plan submitted simultaneously with the plan amendment and rezoning application illustrates the mixed- use nature of the project and the methods used to provide internal connectivity while maintaining appropriate buffers and external access points. III. Compliance with Zoning Atlas Amendment Standards for Review Standard 1: The proposed amendment is consistent with and furthers the goals, policies and objectives of the Comprehensive Plan and furthers the purposes of the Community Development Code and other City ordinances and actions designed to implement the Plan. Response: An evaluation of the proposed zoning atlas amendment with the applicable goals, policies and objectives of the Comprehensive Plan has been performed and this analysis is attached to this report as Exhibit D, Comprehensive Plan Consistency Analysis. In summary, the proposed amendment is consistent with the Comprehensive Plan since it is consistent with the Future Land Use Map in this area, is consistent with the existing land uses, has no negative effects on the surrounding area or environment and all public facilities are available to the project. Standard 2: The available uses to which the property may be put are appropriate to the property that is subject to the proposed amendment and compatible with existing and planned uses in the area. Response: The proposed zoning districts and land uses are consistent with the zoning and development pattern in the vicinity. Both Gulf-to-Bay Boulevard and Belcher Road are commercial corridors in this area due to their historic commercial development pattern and purpose as significant transportation routes. The proposed Commercial zoning district is consistent with the location, amount and depth of Commercial zoning in the area as discussed in detail earlier in the Plan Amendment narrative section of this submittal. The Commercial zoning district has been limited to a depth of 9 approximately 616 feet along Belcher Road which terminates at the existing traffic signal on Belcher Road. The MDR zoning district and multifamily use is proposed for the southern section of the site beginning at the traffic light and extending south to Druid Road. The location of multifamily zoning and land uses between commercial uses and single-family development is a typical pattern in the City of Clearwater. This pattern serves as an effective transition of uses and it currently exists in sections of the Gulf-to-Bay Boulevard corridor. Standard 3: The amendment does not conflict with the needs and character of the neighborhood and the City. Response: The proposed commercial development will provide retail sales and services for the neighborhood and City at large. The multifamily project will provide needed attached housing in the City that has not seen any new multifamily projects in many years. The project as a whole will not conflict with the needs and character of the neighborhood and City. Standard 4: The amendment will not adversely or unreasonably affect the use of other property in the area. Response: As described earlier in this submittal, the commercial project is proposed for the same type of commercial uses as exists in the vicinity. The multifamily portion of the project has similar characteristics as the existing residential neighborhood. Therefore, due to the similarity of the proposed uses to the existing uses, the project is not expected to unreasonably affect the use of other properties in the area. The specific buffering proposed on the north and west property lines adjacent to the single-family neighborhoods is shown on the site plan submitted simultaneously with the plan amendment and rezoning applications. Standard 5: The amendment will not adversely burden public facilities, including the traffic-carrying capacities of streets, in an unreasonable or disproportionate manner. Response: There are public water and sewer services adjacent to the site since the former mobile home park was served by public utilities. The new development of the site will construct new connections to the existing public utilities. A traffic study has been prepared to evaluate the impacts of the plan amendment on the transportation network and a copy of that study is submitted along with the plan amendment. In summary, the traffic study demonstrates that with the construction of two turn lanes, the project will 10 not degrade the Level of Service (LOS) of the roadway system. Please see the enclosed Traffic Study for more detailed information. Standard 6: The district boundaries are appropriately drawn with due regard to locations and classification of streets, ownership lines, existing improvements and the natural environment. Response: As discussed previously, the proposed commercial depth along Belcher Road for the site is approximately half of the existing commercial depth for the properties opposite the site to the east. The existing traffic light on Belcher Road is used as the demarcation line between the commercial site to the north and the residential site to the south and substantially limits the amount of commercial as compared to the east side of Belcher Road. The district boundaries as proposed create two parcels that are appropriately sized for viable developments while also allowing for adequate buffering both internally and externally to the site. 11 EXHIBIT D COMPREHENSIVE PLAN CONSISTENCY ANALYSIS FUTURE LAND USE ELEMENT A.1 GOAL - THE CITY OF CLEARWATER SHALL CONTINUE TO PROTECT NATURAL RESOURCES AND SYSTEMS THROUGHOUT THE CITY AND ENSURE THAT THESE RESOURCES ARE SUCCESSFULLY INTEGRATED INTO THE URBAN ENVIRONMENT THROUGH LAND DEVELOPMENT REGULATIONS, MANAGEMENT PROGRAMS, AND COORDINATION WITH FUTURE LAND USE INTENSITIES AND CATEGORIES. A.1.1 Objective - On an ongoing basis, natural resources and systems shall be protected through the application of local, state, and regional regulations, mitigation and management plans, and permitting procedures as well as through locally instituted land purchase programs focusing on environmentally sensitive properties and significant open space areas. Policies A.1.1.5 Stormwater shall be controlled through consistent application of local, state, and federal regulations, mitigation and management plans, and permitting procedures for both site- specific and basin-level development plans. Response: The project will meet all local, state and federal regulations regarding stormwater design and permitting, as shown on the site plan submitted simultaneously with this Plan amendment application. A.2 GOAL - A SUFFICIENT VARIETY AND AMOUNT OF FUTURE LAND USE CATEGORIES SHALL BE PROVIDED TO ACCOMMODATE PUBLIC DEMAND AND PROMOTE INFILL DEVELOPMENT. A.2.2 Objective -Future Land Use in the City of Clearwater shall be guided by the Comprehensive Land Use Plan Map and implemented through the City's Community Development Code. Map categories are further defined in Policy #A.2.2.1. below. Exhibit D Page 1 of 13 Policies A.2.2.1 Land Uses on the Comprehensive Land Use Plan Map shall generally be interpreted as indicated in the following table. The intensity standards listed in the table (FAR -floor area ratio; ISR -impervious surface ratio) are the maximum allowed for each plan category, except where otherwise permitted by special area plans or redevelopment plans approved by the City County. Consequently, individual zoning districts, as established by the City's Community Development Code, may have more stringent intensity standards than those listed in the table but will not exceed the maximum allowable intensity of the plan category, unless otherwise permitted by approved special area plans or redevelopment plans. Excerpt from Land Use Plan Classification Table Requested Plan Categories PLAN PRIMARY USES MAX. DENSITY/ CONSISTENT CLASSIFICATION PER PLAN INTENSITY PER ZONING CATEGORY PLAN CATEGORY DISTRICTS Residential Medium Moderate to High 15 Dwelling Units Per Medium Density (RM) Density Residential Acre; Residential FAR 0.50; (MDR); Medium ISR 0.75 High Density Residential (MHDR) Residential/ Office/ Residential; 18 Dwelling Units Per Office (O); Retail (ROR) Residential Acre; Commercial (C); Equivalent; Office; FAR 0.40; Medium Density Retail; Overnight ISR 0.85 Residential (MDR) accommodation; 30 Overnight PersonaV Business Accommodation Units Services Per Acre; FAR 0.40; ISR 0.85 A.2.2.2 Residential land uses shall be appropriately located on local and minor collector streets; if appropriately buffered, they may be located on major collector and arterial streets. Residential land uses shall be sited on well-drained soils, in proximity to parks, schools, mass transit and other neighborhood-serving land uses. A.2.2.3 Commercial land uses shall be located at the intersection of arterial or collector streets and should be sited in such a way as to minimize the intrusion of off-site impacts into residential neighborhoods. New plats and site plans shall discourage the Exhibit D Page 2 of 13 creation of "strip commercial" zones by insuring that adequate lot depths are maintained and by zoning for commercial development at major intersections. Response: The project will comply with the uses, density and intensity standards of each respective proposed plan category as outlined in the Table above. The rezoning application requests zoning districts that are consistent with the respective plan categories, i. e., the Commercial district for the Residential/ Office/ Retail plan category and the MDR district for the Residential Medium plan category. The proposed commercial use is consistent with the above policy due to its location at an intersection of arterial or collector streets since Gulf-to-Bay Boulevard and Belcher Road are both designated as Arterials on the City's Comprehensive Plan. The residential portion of the site is located on Belcher Road, an Arterial, and Druid Road, a Collector road, and so is consistent with the above stated policy. In addition, there are two bus transit stops adjacent to the site: one on Gulf-to-Bay and one on Belcher Road, which will provide convenient access for residents, patrons and employees of the project. A.3 GOAL -THE CITY OF CLEARWATER SHALL ENSURE THAT ALL DEVELOPMENT OR REDEVELOPMENT INITIATIVES MEET THE SAFETY, ENVIRONMENTAL, AND AESTHETIC NEEDS OF THE CITY THROUGH CONSISTENT IMPLEMENTATION OF THE COMMUNITY DEVELOPMENT CODE. A.3.2 Objective -All development of redevelopment initiatives within the City of Clearwater shall meet the minimum landscaping/tree protection standards of the Community Development Code in order to promote the preservation of existing tree canopies, the expansion of that canopy, and the overall quality of development within the City. Policies A.3.2.1 All new development or redevelopment of property within the City of Clearwater shall meet all landscape requirements of the Community Development Code. Response: The project shall meet or exceed the landscape requirements of the Community Development Code as demonstrated on the site plan submitted simultaneously with the Plan Amendment application. Exhibit D Page 3 of 13 A.4 GOAL -THE CITY SHALL NOT PERMIT DEVELOPMENT TO OCCUR UNLESS AN ADEQUATE LEVEL OF SERVICE IS AVAILABLE TO ACCOMMODATE THE IMPACTS OF DEVELOPMENT. AREAS IN WHICH THE IMPACT OF EXISTING DEVELOPMENT EXCEEDS THE DESIRED LEVELS OF SERVICE WILL BE UPGRADED CONSISTENT WITH THE TARGET DATES FOR INFRASTRUCTURE IMPROVEMENTS INCLUDED IN THE APPLICABLE FUNCTIONAL PLAN ELEMENT. A.4.1 Objective -The City shall examine and upgrade the Concurrency Management and information system as appropriate for granting development permits. This system shall continue to consider the current, interim, and ultimately desired Levels of Service for roads, transit, water, sewer, garbage collection, public school facilities, and drainage systems and shall provide data on sub-sectors of the City in which service deficiencies exist or in which services are adequate to serve existing and planned new development. This level of service status will be considered and made part of the staff recommendation at the time of zoning, site plan, or plat approval. The level of service monitoring system shall be adjusted, at a minimum, annually to determine adequacy or service capacity. Should a requested development permit result in approvals which would burden service systems above adopted levels, permission to proceed with the development will not be granted until the City has assured that adequate services will be available concurrent with the impacts of development. Policies A.4.1.1 No new development or redevelopment will be permitted which causes the level of City services (roads, recreation and open space, water, sewage treatment, garbage collection, public school facilities and drainage) to fall below minimum acceptable levels. However, development orders may be phased or otherwise modified consistent with provisions of the concurrency management system to allow services to be upgraded concurrently with the impacts of development. Response: The project will meet all applicable level of service standards adopted by the City. A traffic study has been submitted to demonstrate that the project will not degrade the adopted LOS for the transportation network. Compliance with the water, wastewater, stormwater management and solid waste standards will be demonstrated and confirmed on the site plan submitted simultaneously with the plan amendment and rezoning Exhibit D Page 4 of 13 applications. The multifamily portion of the project will comply with the parks standard through payment of the City's Open Space and Recreation impact fees. A.5 GOAL -THE CITY OF CLEARWATER SHALL IDENTIFY AND UTILIZE A CITYWIDE DESIGN STRUCTURE COMPRISED OF A HIERARCHY OF PLACES AND LINKAGES. THE CITYWIDE DESIGN STRUCTURE WILL SERVE AS A GUIDE TO DEVELOPMENT AND LAND USE DECISIONS WHILE PROTECTING THOSE ELEMENTS THAT MAKE THE CITY UNIQUELY CLEARWATER. A.5.1 Objective -Establish the Hierarchy of Places as shown on Map A-14. Policies A.5.1.5 Identify Neighborhood Shopping Centers And Surrounding Non-Residential Uses; a limited number of commercial establishments that fulfill the basic needs of residents within one mile of the center. A.5.2 Objective -Define linkages as shown on Map A-14. Policies A.5.2.7 Identify Redevelopment Corridors; those corridors or portions of corridors that need a character change or restoration to a better condition. Response: The site is located within the intersection's designation as a "Neighborhood Shopping Center" and the proposed development is consistent with that designation. In addition, the Citywide Design Structure designates the section of Belcher Road as a "Corridor to Redevelop. " The redevelopment of this site with a mixed use project is consistent with that designation. A.6 GOAL -THE CITY OF CLEARWATER SHALL UTILIZE INNOVATIVE AND FLEXIBLE PLANNING AND ENGINEERING PRACTICES, AND URBAN DESIGN STANDARDS IN ORDER TO PROECT HISTORIC RESOURCES, ENSURE NEIGHBORHOOD PRESERVATION, REDEVELOP BLIGHTED AREAS, AND ENCOURAGE INFILL DEVELOPMENT. A.6.8 Objective -Identify those areas of the City that are appropriate for redevelopment as livable communities and require that specific sustainable elements be used in the redevelopment of these areas. Exhibit D Page 5 of 13 Policies A.6.8.1 Build active, attractive communities that are designed at a human scale and encourage walking, cycling and use of mass transit. A.6.8.2 Encourage mixed-use development that includes a combination of compatible land uses having functional interrelationships and aesthetic features. A.6.8.5 Provide easy access to residential, commercial and recreational areas by providing direct routes such as trails and continuous sidewalks between destinations, in order to minimize potential conflicts between pedestrians and motor vehicles. A.6.2 Objective -The City of Clearwater shall continue to support innovative planned development and mixed land use development techniques in order to promote infill development that is consistent and compatible with the surrounding environment. Policies A.6.2.1 On a continuing basis, the Community Development Code and the site plan approval process shall be utilized in promoting infill development and/or planned developments that are compatible. Response: The project exhibits consistency with these objectives and policies through its mixed- use nature, the internal connections between the two uses and to destinations off-site, and the availability of mass transit via two existing bus stops. In addition, the project has submitted a site plan application simultaneously with the plan amendment and rezoning applications to identify the uses, design and characteristics of the project. Exhibit D Page 6 of 13 TRANSPORTATION ELEMENT TRAFFIC CIRCULATION B.1 GOAL -THE TRAFFIC CIRCULATION SYSTEM SHALL PROVIDE FOR THE SAFE, CONVENIENT AND EFFICIENT DELIVERY OF PEOPLE AND GOODS BY A MULTIMODAL TRANSPORTATION SYSTEM. B.1.3 Objective -The City will continue to monitor traffic counts, accidents, and road improvements, to provide timely status evaluation of level of service conditions for issuance of development approvals. Policies B.1.3.1 Requests for amendment to the Future Land Use Map will have an analysis of traffic impacts. Response: The applicant worked with the City staff to jointly develop a methodology for the traffic study and that study has been submitted as part of this application package. In summary, the traffic study demonstrates that with the construction of two turn lanes, the project will not degrade the Level of Service (LOS) of the roadway system. Please see the enclosed Traffic Study for more detailed information. B.1.4 Objective -The City shall specifically consider the existing and planned LOS the road network affected by a proposed development, when considering an amendment to the land use map, rezoning, subdivision plat, or site plan approval. Policies B.1.4.1 The City shall continue to review trips generated by development projects through the Traffic Concurrency Management Program. B.1.4.2 For those roads which are not currently operating at an acceptable LOS, or which do not have programmed improvements to upgrade service to an acceptable level, the concurrency management system shall be used to monitor traffic growth, with the dual intent of maintaining average operating speeds and restricting the aggregate and individual trips generated by development in the City limits. Response: As demonstrated in the enclosed Traffic Study, the project will not degrade the adopted LOS for the transportation network. Exhibit D Page 7 of 13 B.1.5 Objective - All County roadways in Clearwater, except those identified as backlogged or constrained by the Pinellas County MPO, shall operate at level C average daily/D peak hour. Policies B.1.5.1 Acceptable peak-hour Levels-of-Service for arterial and collector streets as listed in the MPO's current "Level-of- Service Inventory Report" are the desired minimum levels. B.1.5.4 The City shall ensure that comprehensive plan amendments are consistent with the Florida Department of Transportation's (FDOT) statewide minimum levels of service standards for roadway facilities. B.1.5.6 Recognize the LOS standard of C average daily/D peak hour and volume/capacity ratio of 0.9 on roads under county jurisdiction, in accordance with the MPO's countywide concurrency management standards. Response: The Traffic Study demonstrates that the significant segments of State Road 60 (Gulf-to-Bay Boulevard) and Druid Road will operate at LOS C and Belcher Road will operate at LOS D in the p. m. peak hour, with project traffic. B.2 GOAL -THE RESOURCES OF ALL RESPONSIBLE JURISDICTIONS SHALL BE DIRECTED TOWARD IMPROVEMENT OF ROAD LINKS TO DESIRED LEVEL OF SERVICE STANDARDS. B.2.2 Objective -Proposed developments accessing back logged roadways operating at a LOS lower than E, shall be subject to additional service enhancement proposals, which may include ride-sharing, access control, signal optimization, transit accessibility, and staggered work hours, to maintain and improvement the roadway's average peak hour operating speeds at the time of plan adoption: A) Site design shall provide a stacking lane or lanes to permit vehicles to wait on-site and enter the traffic flow when gaps occur. B) Site design shall provide a deceleration lane or lanes to enter the site without impeding the traffic flow. Exhibit D Page8of13 C) No new traffic signals that will reduce peak hour travel speeds will be permitted, unless a high accident rate exists. D) New and revised median openings will only be permitted where they do not impede free flow of traffic. E) Additional service enhancements, as appropriate. Policies B.2.2.1 The City shall require as a condition of permit approval, new development and redevelopment projects adjacent to state roads to obtain FDOT permits as required. B.2.2.2 Access points to collector and arterial streets from all development should be limited to one (1) major access point or curb cut along each roadway frontage; additional access and egress points may be granted for unusually large parcels, based on site characteristics or as considered appropriate by the Traffic Engineer and approving agencies, to provide for safe and efficient site-related traffic movements on adjacent street. B.2.2.4 Out-parcels, created in previously approved developments, shall have no inherent right of direct access to major collector or arterial streets unless such access is the only access available to the property. New out-parcels may be denied direct access to arterial or collector streets, unless approved by Florida D.O.T. when the development abuts a State road. Response: The developer is in the process of submitting a permit to FDOT for the relocated driveway on Gulf-to-Bay Boulevard/ State Road 60. The project complies with these Plan policies since only one driveway for each roadway is proposed for Gulf-to-Bay Boulevard and Belcher Road. Within the commercial site, the single driveway on Gulf-to-Bay Boulevard will be used for access to all businesses, including outparcels, if any are created. There are two full driveways proposed for Druid Road and one exit- only driveway in the easternmost section of the frontage. The project has over 1,300 feet of frontage on Druid Road and as such, two full driveways are appropriate to provide ease of access to residents and guests. The easternmost driveway will be limited to exit- only movements and will be gated to insure that it operates as an exit only. Exhibit D Page 9 of 13 The developer has further committed to build an east-bound right turn lane from Gulf-to-Bay Boulevard onto Belcher Road and asouth-bound right turn lane from Belcher Road into the site at the existing traffic signal opposite the Publix driveway. The only access to Belcher Road will be at this existing signalized intersection opposite the Public driveway, thereby eliminating the need for a new traffic signal. With these improvements, the project will not degrade the LOS on the transportation network. HOUSING ELEMENT C.1 GOAL - AN AFFORDABLE VARIETY OF STANDARD HOUSING UNITS IN DECENT AND SAFE NEIGHBORHOODS TO MEET THE NEEDS OF CURRENT AND FUTURE RESIDENTS REGARDLESS OF RACE, NATIONALITY, AGE, MARITAL STATUS, HANDICAP, OR RELIGION. C.1.1 Objective for Adequate Housing -Assure an adequate supply of housing in Clearwater by providing for additional new dwelling units in a variety of types, costs, and locations to meet the needs of the residents of the City of Clearwater. Policies C.1.1.1 Maintain sufficient residentially zoned acreage, of varying densities and locations, to accommodate the existing and future housing needs of the City of Clearwater. Response: The proposed multifamily development will be the first new attached dwelling project of this type in many years in this geographic area of the City. The project contributes to the variety of housing types and costs and is consistent with this objective and policy. Exhibit D Page 10 of 13 UTILITIES ELEMENT STORM WATER D.3 GOAL -PROVIDE THE MOST COST EFFECTIVE AND EFFICIENT PROVISION OF STORMWATER MANAGEMENT INCLUDING THE IMPROVEMENT AND ENHANCEMENT OF STORMWATER QUALITY DISCHARGING INTO LOCAL RECEIVING WATERS, AND PROVIDE MAXIMUM PRACTICAL PROTECTION TO PERSONS, PROPERTY, AND THE NATURAL ENVIRONMENT. D.3.2 Objective -The City of Clearwater shall continue to develop watershed management plans which should seek to identify, evaluate and implement the most cost effective and cost efficient programs for stormwater management, including stormwater quantity and quality. These plans should also address any projects included in the Pinellas County Surface Water Management Plan for the implementation of all stormwater management, as well as recommended funding sources. Policies D.3.2.6 Continue to require new development to detain water on site and control quantity, quality, and rate of flow being released into the receiving drainage systems. D.3.3 Objective -Lower high water profiles during storm events, as necessary, to reduce house flooding occurrences and to lessen the resulting adverse effects on public health, the natural environmental, public and private property. Policies D.3.3.4 Development and redevelopment activities shall comply with all stormwater management design standards and criteria. Response: The project will meet all local, state and federal regulations regarding stormwater design and permitting, as shown on the site plan submitted simultaneously with this Plan amendment application. Exhibit D Page 11 of 13 CONSERVATION ELEMENT F.1 GOAL - TO PROTECT AND CONSERVE ALL ASPECTS OF THE NATURAL ENVIRONMENT AND TO ENHANCE NATURAL FEATURES WHICH CONTRIBUTE TO THE EXISTENCE OF THE NATURAL QUALITIES AND CHARACTERISTICS OF CLEARWATER'S SENSITIVE ENVIRONMENT. F.1.1 Objective -The City shall continue to protect and improve ambient air quality. Policies F.1.1.1 Require all new residential and non-residential development to provide a specified amount of Florida friendly shade trees based on an established desired ratio of pervious to impervious surface areas. Shade trees will serve to provide heat reduction, noise abatement, buffering, replenishment of oxygen, and aesthetic beauty. Response: The project will comply with this requirement through the site plan review process and a proposed site plan has been submitted simultaneously with the plan amendment and rezoning package. F.2 GOAL -DISCHARGES OF STORMWATER SHALL BE MANAGED TO PROVIDE FLOOD PROTECTION FOR THE CITIZENS OF THE CITY OF CLEARWATER AND TO PRESERVE, PROTECT, AND ENHANCE THE WATER QUALITY OF RECEIVING WATERBODIES. F.2.1 Objective -The City shall continue to protect, improve and enhance surface waters from stormwater runoff discharging into both interior and coastal surface waters. Policies F.2.1.4 The City shall continue to implement a stormwater ordinance requiring redeveloped sites other than single-family residential areas, to incorporate water quantity and quality controls consistent with new development regulations, recognizing that case-by-case limitations may call for partial controls, off site improvements or payments in lieu of improvements to achieve this goal. Response: The project will meet all local, state and federal regulations regarding stormwater design and permitting, as shown on the site plan submitted simultaneously with this Plan amendment application. Exhibit D Page 12 of 13 RECREATION AND OPEN SPACE ELEMENT G.1 GOAL - TO DEVELOP A SYSTEM OF OPEN SPACES, PARKS AND RECREATION FACILITIES WHICH ARE DESIGNED FOR THE MAXIMUM SATISFACTION OF THE RECREATIONAL NEEDS OF CLEARWATER'S RESIDENTS AND TOURISTS. G.1.2 Objective -The City of Clearwater shall continue intergovernmental coordination with the private sector and other public entities to increase public recreational opportunities and open space acreage. Policies G.1.2.1 Continue to enforce the adopted recreation and open space land dedication requirements for the express purpose of maintaining the existing levels of service of recreation lands and facilities. G.1.4 Objective -Preserve natural open space areas which constitute aesthetic, and/or ecological community assets. Policies G.1.4.1 To maintain adequate open space in the City's neighborhoods and commercial areas, the City will continue to administer landscape, drainage and impervious surface regulations in the Community Development Code. G.1.4.6 Maintain at least four percent (4%) of the total land in the City as "recreation open space" park uses by enforcing the City's current open space land dedication requirements. Response: The project will comply with the City's Open Space and Recreation Fee upon development, thus being consistent with these objectives and policies. In addition, the multifamily component of the project will include on-site recreation facilities for its residents. As an added benefit of the project, the developer has committed to the creation of an open space in the form of a `pocket park" at the immediate corner of Gulf-to-Bay Boulevard and Belcher Road within the commercial portion of the project. The developer also intends to create an on-site public art feature within this pocket park. The public art project located within this pocket park will feature the project and contribute to the identification of Gulf-to-Bay Boulevard as a significant entryway into the Clty. Exhibit D Page 13 of 13 ~1 Deeds 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 12/1/78 to Lakeside Corp., a Florida corporation Merger: Lakeside Corp. merged into Nickel Plate Properties, Inc., on 5/25!04 Parcel Nos. 13/29/15/00000/410/0200 and 13/29/15/00000/410/0300 Owner: Lakeside Enterprises, LLC Deed: O.R.. Book 13686, Page 610, Public Records of Pinellas County, .Florida, dated 7/1/04 to Lakeside Enterprises, LLC ;~ z • '~'~32035~6 i . ~. "F t C" ` ~~ia• i K~ ~~i• ~ c o.a.47y4 pry ~23~ THIS JNDEM'IfRE. Made thas ist day of December 14 70, by ~ - and between INF2 E. VAN WALLIGHAN, formerly Inez E. Hlnners, widow and surviving spouse of Robert ). Hlnners, deceased of the County of xlyyseoROUat , State of Florida party of the first part, AND ~ LAKESIDE Cf)RP. , a Florida Corporation whose post office address is: l.o. 0eX 371, ~stltteav~l1t,Stlurrl La6S` of the County of Pinellas in the state of Florida party of the second part, WITNESSETH: That. the said party of the first part, for ~, and in consideration of the sum of Ten and 00/100------------ Dollars ,, • and other valuable considerations, lawful money of the united States of America, to her in hand paid by the said party oft the second part, the zeeeipt whereof is hereby acknowledged, ha s granted. bargained, sold and conveyed.tto the said party of thee' -~ second past. tts successors l~tand assigns forever, ali of the . O following described land in7~~ p County, Florida, to-wit: Pine I1as ~ M The Northeast quarter (NE T/4) of the Northeast quarter (NE 1/4) of the South- i east quartet (SE i/4) and the South one-Ralf Es i/?a of the Northeast quarter i ~ (IJE i/4) of the Southeast quarter SE 1/d) of Section 13, Township 29 South, ~ Ra~~ge 13 East, SUBTECT"IiOWlVER to the right-of-way of the public thorough- • ~_ fare known as Gulf-to-9ay Boulevard over the North fifty (30) feet of said North- r asst quarter (NE 1/4) of Northeast quarter ENE 1/4) of Southeast quarter • .(SE 1/4) and the South fifty (SO) feet of said Northeast quartet (NE 1/4) of said Southeast quarter (SE 1/4) for right-of-way of Druid Road (County Road No. 28) , and that part of said Northeast quarter ENE 1/'t) of Southeast quarter ESE T/4) • described in O.R. IIook 4569, pages 134, 135 and 156, for right-of-wdy of Beichar Road (County Road No. 2~, all lying and being in Pinellas County, ' Florida. 4 Captioned pres:ises is not the honpestead of the grantor wh resides at :~A1r `!7. E. ~e wG ,~-. ~,,,~,! ~,, ~o ~3~~ :~~ TO HAVE AND TO HOLD the above described premises, with the appurtenances, unto the said party of the second parE,tts success bs~ct and assigns,, in €ae simple forever. And the said party of the first part do es hereby covenan . ~ with the said Fart y of the second past that said described of property is free .from all liens and encuuaDrances except taxes and/ • ~ or assessments for the year 19 79 and subsequent years and ease- . ~ ments and restrictions of recor-d`,' if any. i - And the said party of the first part do es hereby fully warrant the title to said land.. and will defend the same against the lawful claims of all persons whomsoever. '~ IN WITNESS WHEREOF, the said part y of the first part ha s V~ executed this deed under. seal on "t'~h~e date']a~foresa~id~,,/~ ~~rt~ tv Signed. sealed and. delivered' ",,'~~ ~- / ~x~ ~'~""`~"'~ f5EAL1 ~ in the presence of: Xne~lTanTi-al g an, .~ar~ Inez E. Htnne:s, _ -J t•,J -G-Q~s'-` D'e~V ~~v. f .-. ~ fSEAb) +~ `•' ..~_ UEC 2U I :~ Ft1'~~i issA~i tl • r.• + Ta t~? *Seg ~ '~-ef ,. z i j e.a.e~w.+r~ i f STATE OF FLORIDA ) o.a. 4 7 91 FsE 12 3 S ._ COUNTY OF HILLSBOROOGH ) I HERESY CERTIFY, That on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared iNIZ 1;. VAN WALI.IGHAN, formerly Ines B. Hlnners, widow and surelvinq spaisg of Robert Jininers, deceased to nee known to be the person a) descs nand who executed the .foregoing instrument, and she ackrtc~wledged before me that she executed the same as her Eree act and deed for the uses and purposes therein stated. FATNESS riey hand and official seal in the County and State last; aforesaid this lst day of Decem! Jr~ A. D. 19 78. ~ - NOTAR P 8 IC, STArE OP Ff IDA AT LARGE - My Coaunission Expires: 6-2-81' ' - -~ •r. , STATE OF ) COUNTY OP ) I HEREBY CERTIFY, That on this-day, before me, as officer duly - authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared to nee known to De the person(s) described in and who-executed•the foregoing instrument, and acknowledged before ms that executed the same as free act and deed for. the ' -.uses and .purposes therein stated. . NITNESS my hr~d sad official seal in the County and State last aforesaid this day of A.D. 19 NOTARY p BLIC, T'AT OF AT LARGE Mfr Commission Expires . (Place. raised o!'Eicial seal-here) ' 3 ~. .,,,.. h ~gAL~~~s~S~R~~ G~Nl GY P~~ 3007 . ~~pP. FL :: N x v eiL ~;~ StAMp r x t •.• `~~ ai ~ e>a• iris f ~~ 9 0 Q 0 0 ) ~ 72fe~l~ ~~. ~ii. ~ f~tYUiDt /1~ _ ` r. ~ r. xa:•ea 9 0 G. P O t - N ~ ~ I ~ ..., ~~._~ _ - ---- - . r ... STA. e g 1 €. r'-` iAhSi~ !,~! 1 :- .,. r°F art ) __ _. ~:~~.r.._. \ t .-. f' -' ~•. ~ N ~~ Gi ~~~y~M~Ni;.nY,~- tir;~tal. eat c -~e~(( ~rs~N:::ta(~ 9GC.+~Q1 ,till. `~' [-~.__ .. ~~'s1 i ~' =s FL~r-ie's'-:; ~ ~ N ~`-~ G•'t~~rrf'ti y' cp u~,ft.tn~ . SIAM? T.iX 1 ~` n ' • FlORi a SUR ikX ' •• ~ ` ia~ tr.:r:: #,~~"}` 9 0 0. 0 0 ! ' `' •,, ~s•r. xa.rn ~ 9 00.0 0 .'- o --- . -- -1 0 .,~ ,see. . ,.: ~! •-• ~'~'` FLOA:9A SUR iI!i. _ /.: x:r::. ~7 5 0.0 0~ . • ~`~ t ]x ~` ARTICLES OF TVIERGER --~~ ~ OF ~ ~ LIMA LAKE INC. :_~ ~ -s! , AND J, ~ ~ ~ LAKESIDE CO~2P. `=-"`' -a ~ ~ INTO `mo`o' ~ NICKEL PLATE PROPERTIES,-INC. ~p f .~~ /~ ;~ Pursuant to the provisions of Section d07. I t 05 of the Florida Business Corporation Act, the undersigned corporations adopt the fotlowing Articles of Merger for the purpose of merging LIMA LAKE, INC. (Document #581602) and LAKESIDE CORP. (Document #592009) into NICKEL PLATE PROFERTIES, INC. (Document #570545), which will be the surviving corporation. I . A Plan and Agreement of Merger ("Plan"} was approved 6y -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, 2004 LAKESIDE CORP. March 31, 2004 NICKEL PLATE PROPERTIES, INC. Match. 31, 2004 2. The Plan provides for the exchange, ctassi£cation orcancellation of the issued shares as follows: The method of carrying into effect the Merger provided in the Plan will be the 4 i s ;~ '', following: a) At the effective time of the Merger, alt of the outstanding common stock (1,400 shares) of LIMA LAKE, INC. shall be surrendered to LIMA LAKE, ING for cancellation. b)_ _ At the efl'ective time ofthe 1Vlerger, all of the outstanding common stock (1,000 shares} of LAKESIDE CORP. sha11 be surrendered to LAKESIDE CORP. for cancellation. c). _ There shall be na change in the capitalszation of NICKEL PLATE PROPERTIES, INC. and no additi_o__nal stock sl~ll.b~issued to the shareholders of NICKEL PLATE PROPERTIES, TNC. 3. The merger of tl~e undersigned corporation will become effective on the date on which the Articles ofMerger are certified by the Florida Department of State. 4. No changes in the Articles of Incorporation of the surviving corporation are required. 5. As tv each of the undersigned corporations, the number of shares outstanding, and the designation and number of outstanding shazes of each class entitled to vote as a class, if any, on such Plan arc as follows: ArtteIa ofAdetger Page 1 .~. Number of ~~ Shares Narrie of Corporation ..._ gutsta 'n~ LIMA LAKE, INC. 1,000 LAKESIDE CORP. 1,000 NICKEL PLATE PROPERTIES, INC. 1,000 6. As to each of the undersigned corporations, the total numberof shares voted for and against such Plan, respectively, and as to each class entifled to vo#e thereon as a class, if any, the number of shares of such class voted for. and against such Play, respectively, are as follows: Number f Shares Total Total Voted Voted Narrl:~ of Co oration _ . _ , _ _ _ _ _ _ _ _ _ _ . or _ 'ns L,IIvIA. LAKE, INC. Voting Common Stock LAKESIDE CORP. Voting Co~xunan Stack NICKEL PLATE PROPERTIES, INC. Voting Common Stock Dated: ~ Zl ,_ 2004 1,000 0 _ . _ . _ _ _ . I,ooo a 1,000 ~ 0 LIMA LAKE,.INC., a Florida corporation iehael C. Rausch, resident Attest: Bar ara Cooper, Secretary ,!.•,••.nrAr,. . - ~ Il C '+a~a _~ . ~~ ~ v, n: J~ :' • ~ ~ a~:..,.•• •t Dated: t 21 24Q4 _ _ , _ .. I.AKESJDE CORP., a Florida corporation Mtc ae C. Bausch, President Attest: ,,,,,,,,,,,,,,.. Barbara Cooper, ecretary ; •` ,'.• .,. . Q , ~" •.., v • - - '•. •"• i c~F~~..i ~ t~ ';LYE i t' 7"' ~'/ Dated: Z( 2004.. ---_ _ .. __NICKEL PLATE PROPERTIES, INS., ~'~.'}.i ;'~;;•t'''~ ,,,- a Florida corporation .,,,,,,~,,,,ti„ "~"~~ ~ Michae C. Bausch, President Attest: Barbara Cooper, Secre ~ ; G ; . ' = • ~~ STATE OF FLORIDA , ~~ ~~~?. Z .: COUNTY OF PINELLAS :; The foregoing instrument was acknowledged before me this dayof t'{, ~'t 2004, . by Michael G. Bausch, President of LIMA LAKE, INC., a Flonda corporation, on elf of the corporation, who is personally known to ~trte o~--rra ~~r$cluce, type 'rP~ ?o~~"..;;~e~, F~J.SOR07i4J~. h{Y CO1t~SSYG61 #DD 1561ST ton Expires: * f ES: Ocinber 15,2006 ~aa 8ondedlbro tNoury3wk~~ ~; ,` STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrumentwas acknowledgedbefore me tb.i day of 2004, _ by Michael C. Bausch, President of LAKESIDE CORP., a Flon a corporation, on ehalf of the ~~ Articles of Mvger Pagc 3 _~ corporation, who is personally known to me ~~~ t r~ of ' ia~ciH~a~o~: _ _ -- ..~) as ~Cter~tificatztsrr.~ n ~ i l~d .eosEr~t.t 8oR0'f~. ~. MY C~Ndh1VSS10li i DD S56t8T FxP~ October 15, 20~ Eonde171eu ~I Newry Senirse S~'ATE OFFLORIDA COUNTY OF PINELLAS The foregoing insin2ment was acknowledged before me th' S day of ~ 2004, _ . _ by Michael C. Bausch, President of NICKEL PLATE PROPERT~~C., a Florida co oration, on behalf of the corporation, who is personalty known to me _e~~mdueec~--~,~-~ identi!'xation: ~ 8S-}d~Hti'~ICd~~8211 ~~ ~ ~ ~ a'kp2kxp0102aorn Articles of Merger ip ~4 't F r name: ~4:'.="'~ N,Y ~ i DO 46l scion Expires: *,~ is, °~,,p ee~aearnNr~+. ~~o~ys ~~ (Requesbor's Name) (Address) (Address) (CitylStatetZipfPhone #) PtCKlSP ~ WAIT ~ MAlI (Business Entity Name) (Document Number) Certified Copies Cettificatias of Status Special Instructions to Fi!'sng Officer. VtlfCe Use Only nN v " ~ ,r. ~ rr ~ r ti ~'. N `ri y ~, :~~ ~ ~ ~.~~ ~ ~ r-~ ~ -..~..e _~f yy •• ~""{ ~~ /^~ . I ~~~,. ~, ~4AY 2 5 ~00~ . ~~ • T.1 -. ~ •~. - t S ~~' ~.! ' ..~ : Air j --- s. ~ ~ J ~ . N ~ "~ i AT`~'4RNEYS' TITLE Requestor's Name 1965 Capital Circie NE, Suite A Address Tallahassee, Fi 32308 850-222-2785 cicy~svzp Prone # CORPORATjON NAME(S) & DOCUMENT NUMBERS), (if known): 1- NICKEL PLATE PROPERTIES, INC. 2- 3- 4- QWelk-in aPick-up time ASAP Certified Copy Mail-outWill wait QPhotocopy ©Certificate of Status of R.A., OTHER FILINGS Annual Report FicBttous Name Name Reservation f_xaminer's initials - ~~ ~- I#: 2004272551 BK: 13686 PG: 610, 07/06/2004 at 05:50 PM, RECORDING 2 PAGES $18.50 D DOC STAMP COLLECTION $9275.00 KARLEEN F. DE BEAKER, CLERK OF COURT PINELLAS COUNTY, FL BY DEPUTY CLERK: CLKDMCI This document prepared by and return to: LIBERTY TITLE AGENCY 1101 Belcher Road South, Suite A Largo, FL 33771 FILE NO: 04-128-LG Parcel/Folio ID Number. 13-29-15.00000-410-020 13-29-15-00000-410-0300 ~'1~ ~~ _ '~ ` __ _'-__ - ~. `, ,' WARRANTY DEED ' ~ ' ' ' " ~~ __ , , PHIS INDENTURE, made this 1st day of July, 2004, between Chauncey Partners, LLC, A)'Iprida~ ~ ~ , . _ Limited Liability of the County of Pinellas, State of Florida, herein called the Grantor, and Lakeside ~ ~, Enterprises, LLC, A Limited Liability ,whose address is P.O. Box 5008, Clearwater, FL 33758, hereinafter ~ ' called the Grantee. _ , WTTNESSETH, that the Grantor, for and in consideration of the sum of Ten and No/100 Dollars ($10.00), and other good and valuable consideration to Grantor in hand paid by Gratit>:g, the recei~t whereof is hereby acknowledged, has granted, bargained and sold to the said Grante~aifd Grantee's heirs and assigns forever, the following described land, situate, lying and being ~ tlie•County of Pjnellas, State of Florida, to wit ~~ ~~ ~~ SEE ATTACHED LEGAL ~ ~' ~~ - ~~ - ,' Subject to any restrictions, reservations and easements of reooid, if any, ~ taxes subsequent to 2003. ~~ The property herein rnnveyed is not the homestead prape~ty bf the Grarttor(s). The Grantor does hereby fully warrant tHe~hitle tQ sait~)and, and will defend the same against lawful claims of all persons whomsoever. ; IN WITNESS WHEREOF, the C3ratrtor(s) h~s/ltave hereunto set their hand(s) and seal(s) the day and year first above written. Sign sealed and delivered inoutpresertce: - `~~. ~, ~i ~~ ~~ Pyi ..~i.~ , ` s-1 ,' Cha ey Pa ers , L ~ A n ~ ~_ _ -~ BY: MARK G. NAEDEL, MANAGER ~~93``e~l~.~ • ~OVB ~/• STf~~EpF FLO1~ID~A `~' COUN'j'Y OF PINJ?i;.LAS .~ The foregoing ins cknowIedged before me this 1st day of July, 2004, by MARK G. NAEDEL ,who is/are pe. onally known a or has p ced identification in the form of Vv Notary: _,,,t,~ ,~.-. --~ t - x r~ ~~IAN ~~ My commission expires: ~ ` - { "'~' f r~ ~~ „e~ -~ ~ ~ t o4,s-~c PINEI,LAS COUNTY FL OFF. REC. BK 13686 PG 611 ~~i ~~ ~~ ~~ _ ~ , '-- `~~ ~. -' ~~ ~~ ~ ' i i i . i • . .~ . ,' -- ~. ~. EJICI;iBIT "A" r ~ i ~ ~ ~ `` ` ` `; That part ofithe NW ~ of the NE '/. of the SE '/, of Section 13, Townshi 29 Sou 1 ,~ ~ ~ Range. l5 East, described as foNows; P th,-'' ~ ~~~ ~ •' ' ,~ - --- . Beginning at a point in the North boundary of said quarter section ~ /'' ` ` ' along said boundary. from the Northwest comer of sand NE +/, ~gE ~75.6~t~~` ~; continuing East along said boundary, 195.07 feet more or less, to the NE corner of NSW ~ . ~ . ; '/. of NE'/. of 3E'/,; thence South along the East boundary of the NW'/. of NE'/. of SE '/., 667,98 feet, more or less to the Southeast comer of said NW %, of~E j of SE '/.; thence run West abng the South boundary of said NW '/. of NE '/. of SE ~.; 206.1 fgeta more or less to the Southeast corner of a tract conveyed to C.D. Vyalker and~rife Gfgde F. Walker by 4eed recorded in Deed Record 1018, page 329, p~lic-r~ceuis o7.i~fndllas feet, more orl ss to the Point oo g8gi~~ 9 Eas< boundary of s ~ ~ `~ ~ Wa~kq~tTaot, 667.6 -. ~ ~, ~. __ ~ . ~, ~ ~~ ~~ ~~ ,~. ~ ~~ ~ , ,. ~~ ~ _ ~, ~, .~ ~ __ ,. ,, ~ . ,~ , ,~, . , '.`> . ~ ~. ,. , ~ ., , . . ~~ ~~ ~'~ .~ ~~ .. ~~ ., ,, . . .. .'-- '. . ~- .. ~! ~ '~ . ~ ~~ ., . ~ ~~ ., --' , . ~ - .-- ' - ~ . -- '' -__. ~~` .~ ~~ ~~ ~ . .~ .~ ,~ ~ ~~ . ~ ~~ . ~ ~ ~`.~~ %; . ~ ~. -- ,